HomeMy WebLinkAboutMinutes_1992
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CITY COUNCIL .SPECIAL SESSION.
WEDNESDAY, JANUARY 8, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
<7": 00 P. M.
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The City Council convened in Special Sessioni'n the Municipal Building
(3800 University Boulevard) on January 8, 1992. Mayor Whitt F.
Johnson, .Councilmembers Bob Kelly, JirilJenkinsarid Cullen Duke were
present. City Attorney Jim Dougherty, Sterling Minor Chairman of
Zoning Board of ,Adjustments, Attorneys Barry Abrams' and Ray Viada
of Sewell & Riggs, Ci ty Man'a'ger Mfk'e Tanner, Public ,Works, Di rector
Ed Menville and City Secretary Kaylynn Holloway were also present.
Councilmember,Janice:Lang a'yirived at 7:15. .. .
MATTERS RELATED TO PENDING LITIGATION: The City. Council convened in
Executive Session at 7:00 P.M. to discuss pending litigation of
Intercity Investment Propertie'$v.,City of West University.
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The City Council adjourned the Executive Session at 8:30 P.M. and
convened in Open Sess'i on. ' " , " .;
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Councilmember Cullen Duke left after the executive session.
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LIBERTY HILL PARKEXPANSION~ .
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Consideration was given to 'the ,e?<pansion of Liberty Hill Park.
Kate Sutton a resident at 3824 Northwestern and spokesperson
discussed thel.:.iberty Hill Park enhancerilentproject. She recapped the
currentsituationi,it ~i:berty Hill Park~ 'reexamined several advantages
and distributed 'copies of the eXpansion~~tition~ She reported that
acquiring land at the corner of Northwestern and College would double
the size of what is now Liberty Hill Park. She stated the elimination
of College Street north',arid east of Northwestern street would be
necessary. .l' " . . '
Ms. Sutton reconfirmed that they were not building a park with
playground equipment'.but:;only;addlng'gY'eenspace~'. Ms. Sutton offered
three phases to carry the project forward. Each phase included
substantial completiCm. aates;aild cost\ estimates~ "'"
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Mayor Johnson inquired about the total cost of all.three'phases~
Councilmember Jenkins' stated' the total, cost.-totbe $,130,000.
Mayor Johnson questioned Ms~ Sutton"regar.d4ng where~she obtained her
estimates. ". .
Ms. Sutton responded they were taken from costs in the past and
estimates taken from professionals in the field.
O' Special City Council Session, January 8, 1992
'002
Mayor Johnson stated a major concern: of the City Council is the closing
of College Avenue. He said the qu~st;Qn to consider is whether the
street right of way should be abandoned or if the original street
dedication and right of way should remain and be fenced. He said if
the City abandons College Avenue, the adjacent property owner or Clwners
have a right to acquire it.
Counci lmemberJenkinsque'stioned abandonment of the street.
Carol Burke, Real Es.tate Attorney and Parks and Recr~ation Board
Chairperson, verifi edMayor. Johnson I s ass,essment' of abandonment.
Severa 1 res i dents expressed' their. Gonce.rnsabout .:the.. amount of traffi c
on College Avenue and about the safety of children playing on the
exiSt inggreen:space .-'
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'Mayor Johnson di scussedsevercrli terns to qonsi der about the park
expansion.
Ms. Burke suggested pijtting a-~topsign at Jhe, c:;orner of College and
Northwestern.
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Councilmember Jenkins inquired about the currentpositi.on Ms. Burke
supports in adding greenspace to Liberty Hill Park.
Ms. Burke said the Parks Board supports any additional green space but LfJ....
stated they have other priorities already.;in th~wClrks. She said that
Liberty Hill Park expansion is a lower priority item. She proposed a
systemca 11 ed Neighbor-boocl I'artnersbi PiiPrClgram~ ,S~~suggested citizens
raise the money and challenge theCouncilmembers to match funds.
Councilmember Jenkins Jstat~dthE!Cityhad $9,000,000.00 in the Bank.
He said. this was moneythecitit;~ns of WestUnivE!rsity contributed to
making improvements. . Hecompare.d the price ofLibE!rty Hill Park to the
cost of:JMH Park.
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Mayor Johnson suggested that ,before the City:Council would or could
make a decision, they need to analyze the finances to see if the funds
are available for the project.
Councilmember. Jenkins .tookexceptionto the"Ma.yor'~ comment.
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Mayor Johnson said the,'CityCoul'lc:;jl ;must ha.ve, a certif,icate from. the
Director of Finance stating the funds can be available for this
specific.project. '
Mayor Johnson invited any other restdents to speaL
Councilmember Kelly said, ,knowing thet,limitedamo~nt of space il'lWest
University, it is incumbent upon us to take serious constderation at
which time land becomes available.
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Special City Council Session, January 8, 1992
003.
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Ms. Burke stated that if funding for Liberty Hill Park expansion does
not cost the Parks Board any of the projects they want to do or have
conuni tted to do, ,then they are in favor 'of it.
Councilmember Jenkins asked if anyone would be interested in selting it
all off as home space.
THe Public Works'Director presented his estimates for consideration.
He proposed reconstructing part of Northwestern Street, removing
existing pavement and, putting back 611 of top soil.
Councilmember Lang asked the Public Works Director if he was allowing
enough fill dirt to drain.
The City Manager requested the Public Works Director to present the
results of the traffic count.
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Ross Frazier a member of the Parks and Recreation Board asked the
Public Works Director if the realignment of Northwestern would cause a
liability.
The Public Works Director said it would be no more of a liability than
it already is; however, as long as it is properly signed.
Mayor Johnson made a statement on behalf of Cullen Duke. He stated
that Councilmember Duke is in favor of improvements to the piece of
ground and in favor of green space.
Mayor Johnson commented that no member of the City Council was opposed
to the project. He stated the City Council wants to research all the
information available so as to make a judicious decision.
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Mayor Johnson suggested scheduling a meeting with the City Attorney in
order to furnish City Council with a written opinion as to the most
efficient method pertaining to the abandonment or preservation of
College Avenue for the protection of the City and property.
Councilmember Jenkins said he would like to know the consensus among
the other Councilmembers with regard to this issue.
Councilmember Lang expressed concern about making a decision until
consideration was given to the financial aspect of the project.
Councilmember Jenkins said the money we are spending has already been
donated through resident taxes and now it was time to use that money
for improvements to the City.
Councilmember Kelly suggested the general consensus of West
University residents would be to use the funds, if available, to create
more green space.
Mayor Johnson questioned the Councilmembers about putting the Liberty
Hill Park expansion on the agenda for the regular Council meeting.
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Special City Council Ses.s,ion., January 8,1992 .
ADJOURNMENT:
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A mot i on was made by Counc'i llTiember ,Je!n k;j nsto adj burn. The motion ,was
seconded by Councilmember Kelly and the meeting adjourned at 10:10
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Kaylynn Holloway
City Secretary
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,SPECIAL 'CITY COUNCIL MEETING
MONDAY, JANUARY 13, 1992
MUNJCIPAl-BUlLDING ,.
3800 UNIVERSITY 'BLVD.
6:30 P.M.
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The City Council convened in Special Session in the Municipal Building
(3800 Univers:ity Boulevard) on January 13, 1992,~ Mayor Whitt F.
Johnson, Councilmembers Bob Kelly, Jim Jenkins, Janice Lang and
Cullen Duke were present. City Manager Mike Tanner, Public Works
Director Ed Menville,: DieterUfer of, Langford Engineering and City
Secretary Kaylynn Holloway were also present.
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MATTERS RELATED TO PENDING LITIGATION:
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Consideration was given to matters relating to the pending or
contemplated litigation with George M. Construction Company.
City Manager, Mike Tanner explained 'the history regarding the existing
contract, Sanitary Sewer Renovation Priority Area 3, with George M.
Construction Company. He stated the City's staff had met with the
Construction Company to discuss contract and change order
disagreements. Mr. Tanner stated George M. Construction Company was
disputing tasks they were required to perform and compensation.
Dieter Ufer of Langford Engineering stated George M. Construction
interprets the contract and specifications differently than the City.
Mr. Ufer stated he requested George M. Construction to submit all the
related tickets from the job. Mr. Ufer stated he thoroughly examined
and verified the information.
The Councilmembers discussed the possibility of arbitration.
Mayor Johnson called a recess at 7:23 p.m.
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The City Council reconvened in Executive Session at 9:45 p.m.
The City Attorney, Jim Dougherty was present during Executive Session.
The City Council adjourned the Executive Session at 10:20 p.m. and
convened in Open Session. Mayor Johnson requested a motion.
Motion was made by Councilmember Lang and seconded by Councilmember
Duke to authorize the City Manager to go forward to arbitration subject
to the City Attorney's review and to authorize notice be given to
George M. Construction Company that a proposal was made to award a
City Council Special Session, January 13, 1992
contract for construction of Sanitary Sewer Renovation Priority Area #4
to the next lower bidder. .
The motion was votedcm' w1tW:~heT()ll owing res u 1t:
Voting Aye:
Voting Nay:
Absent:
ADJOURNMENT:
Mayor.J()hps()n, Counci 1 members Ke lly, Lang, Du ke
and .Jenkins:
None
None
Moti'onwas made, by Gouncilmember Lang and . seconded byCounci lmember
Jenkins to adjOurn. ,
The 'motion was voted on with the it:oTTowi ng . resul t:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council members Duke, Kelly, Lang
and Jenkins
None
None
The meeting adjourned at 10:30 p.m.
Kaylynn Holloway
Ci ty Secretary'
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'Whitt F.Joh-
Mayor
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CITY COUNCIL REGULAR SESSION
MONDAY, JANUARY 13, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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The City Council convened in regular session in the Municipal Building
(3800 University Boulevard) on January 13, 1992. Mayor Johnson,
Councilmembers Kelly, Duke, Jenkins and Lang were present. City Manager
Mike Tanner, City Attorney Jim Dougherty, Public Works Director Ed
Menvi 11 e, Fi re Ch i ef Terry Stevenson, Fi nance Di rector Chri s Taylor and
City Secretary Kaylynn Holloway were also present. Monsignor James
Jamail delivered the invocation and Councilmember Jenkins led the
Pledge of Allegiance.
OATH OF OFFICE:
Mayor Johnson administered the Oath of Office to the City Secretary
Kaylynn Holloway and to the Finance and Administration Director
Christopher Taylor.
LIBERTY HILL PARK EXPANSION:'
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Consideration was given to abandonment of College Avenue right-of-way,
purchase of property and method of finance of total project.
Mayor Johnson asked Jim Dougherty" ,the, City Attorney to make a
presentation OD the Liberty Hill Park expansion.
Mr. Dougherty presented two' approaches -for the expansion of Liberty
Hill Park. He suggested the first: approach could be the abandonment of
College Avenue. He stated'thelegal effect of abandonment would be the
interest reverts back to the ownership of the abutting owners. He
stated the City must determine,who the'.owners are, and who if any the
tracts would revert to. He suggested the City contr.act with ea~howner
to buy the property and obtain the consent of abandonment to determine
if in fact anyone did- obje'ct. : He stat,ed actual abandonment of College
Avenue must occur by ordinance. Mr. Dougherty, stated that once the
street is abandoned and dedicated to park land, it would restrict all
future uses. He suggested the City hold a public hearing..
Mr. Dougherty suggested the second approach coul d be to regul ate the
improved right-of-way. He stated the City could remove existing
pavement and regulate motor vehicles. He stated after traffic was
diverted the City could make certain amenities to improve ,the land.
Mr. Dougherty stated this approach would -be shorter,less costly,
flexible and reversible. He stated both approaches could have the same,
physical result.
Mayor Johnson projected the City Council would like to expedite this as
quickly as possible'. He:iasked the City Attorney if ,it was possible to
have a publ ic hearing at ,the regular Counci 1 meeting. r.,::
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City Council Regular Session, January 13, 1992 00&'
Councilmember Duke stated he views the City as having' two separate L
issues. One, he stated is an unsafe traffic situation and a drainage c-....
problem. He suggested both could be remedied without acquiring the .
property or expanding the park space. Mr. Duke stated the second issue
to be purchas i ng the property whi ch has been offered to the Ci ty. He
stated purchasing the property di d not require the Council to make any
immediate decisions on the park space. He suggested the City Council
authorize the City Manager and the City Attorney to enter into
negotiations with the property owners.
Mayor Johnson stated he would like to combine all phases of the
expansion into one project.
Councilmember Jenkins stated the ~tity has an opportunity to
accomplish the entire project at one time. He suggested while the City
is developing green space, they could also correct the traffic and
drainage problem.
Councilmember Kelly expressed concern about acquiring the property
before holding the public hearing.
Mayor Johnson asked Mr. Pray if the Ci ty had a commitment from him to
sell the City his land.
Mr. Pray confirmed the City has his commitment but his ultimate goal is
to have his land converted into green space.
Councilmember Kelly suggested the City Council follow the
recommendation of the City Attorney.
Motion was made by Councilmember Kelly, seconded by Councilmember
Lang, to direct the City Manager and the City Attorney to begin
working out the legal documents necessary for the acquisition of the
1 and on the Co 11 egefNorthwestern a rea and put in motion the process to
have a public hearing as expeditiously as possible and that all the
proper notices be sent to the affected property owners and required
area of the public hearing. That it is the consensus of the Council
that the no abandonment approach be studied as a procedure in order to
deal with the street closure area and the Council generally concurred
with the layout as modified by staff and presented to Council on
January 8, 1992.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Councilmembers Lang, Jenkins, Duke, and Kelly
Mayor Johnson
None
HEARING OF RESIDENTS:
Mayor Johnsoninvited'residents to speak who had matters they
wi shed to bring to the attention of the City Council.
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City Council Regular Session, January 13, 1992
009
Joan Jordan, a resident at 2804 Nottingham, presented to Council
letters from residents addressing the preservation of trees.
Baroque Fineberg, a resident at 4127 Cason Street, commended members
of the City Council for being able to propose a motion that in essence
will give plenty of time for citizens to have an opportunity to have
input in the issue of Liberty Hill Park.
Peter Bridges, a resident at 3738 Robinhood, spoke to the Council about
performing a study on commuter rail transit.
Larry Massey, a resident at 3032 Plumb and a member of Friends of West
University Park, spoke on the expansion of Liberty Hill Park. He
suggested the following information be provided at the Publ ic
Hearing: total cost of the project, the legal fees that might
be incurred and the master pl an that has the total support of the
Boards.
Dorothy Rieger, a resident at 6516 Brompton, complained about the large
driveways and number of cars in front of the new homes in West
University.
APPLICATION FOR TREE CITY U.S.A. AWARD:
Consideration was given to the application to recertify the City for a
Tree City U.S.A. award.
Mayor Johnson inquired about the 1991 tree maintenance amount of
$200,284.
Ci ty Manager Mi ke Tanner exp 1 a i ned the amount was the total HL&P
spends to maintain trees in the easements and the City of West
University Place in one year
Motion was made by Councilmember Duke, seconded by Councilmember
Lang, to authorize the Mayor and the City Manager to sign the
application for recertification and submit it to the proper authorities.
The motion was voted on with the following result:
Voting Aye:
Mayor Johnson, Councilmembers Lang,. Duke, Kelly
and Jenkins
Voting Nay:
Absent:
None
None
BIDS FOR SANITARY SEWER IMPROVEMENT:
Consideration was given to bids received November 25, 1991 for
construction of Priority Area 4 Sanitary Sewer improvements.
The City Manager recommended the City Council table thei ssue until the
Council could reconvene in Executive Session.
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City Council Regular Session, January 13, 1992
010
PAYMENT OF LEGAL SERVICES:
Consideration was given to the payment of $4,935.04 to the City
Attorney for legal services provided during the month of December 1991.
Motion was made by Councilmember Kelly, seconded by Concilmember
Duke to pay the legal fees of $4,935.04.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Kelly, Duke
and Jenkins
None
None
1983 AND 1986 BOND ISSUE PAYMENT:
Consideration was given to an invoice in the amount of $245,430.50
submitted by First City, Texas for principal, interest and agent fees
due on the 1983 Bond Issue. Consideration was also given to the invoice
in the amount of $149,325.00 submitted by First City, Texas for
interest due on the 1986 Bond Issue.
Motion was made by.Gouncilmember Duke, seconded by Councilmember
Jenki ns to authori ze - payment of the 1983 Bond issue in the amount of
245,430.50 and to authorize payment of the 1986 Bond issue in the Lr--.. ..
amount of $149,325.00 to First City, Texas. .
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Kelly, Duke
and Jenkins
None
None
PAYMENT FOR WATER LINE CONSTRUCTION:
Consideration was given to monthly Estimate No.8 in the amount of
$26,343.50 for work performed November 1 through December 18, 1991 in
the construction (replacement) of water lines in Priority Area 2B
(Academy, Amherst, Bissonnet and West Point) by Reliance Construction.
Motion was made by Councilmember Kelly, seconded by Councilmember
Jenkins to pay monthly estimate No. 8 in the amount of $26,343.50 in
Priority Area 2B to Reliance Construction.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Kelly, Duke
and Jenkins
None
None
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City Council Regular Session, January 13, :1992
011
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PAYMENT FOR WAKEFOREST GROUND STORAGE TANK CONSTRUCTION:
Consideration was given to the payment of Estimate No. 1 in the amount
of $9,720.00 for - work performed (November 5 through '30, 1991) in
constructi on of 2 Ground Storage Tanks (each with 500,000 gallons
capacity) by Nunn Constructors. . , '
Motion was made by Counci 1member Jenkins, seconded by Counci 1member
Duke to pay Estimate No. 1 in the amount of $9,720.00 to Nunn
Constructors.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci1members Lang, Kelly, Duke
and Jenkins
None
None
FUEL STORAGE AND REMEDIATION: J
Consideration was . given, to'; .fue1storagetank . installation,
remediation, requests for payment from Dup's Inc. and reimbursement.
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Ci ty Manager Mi ke Tanner reported' the, tota 1 reques.t for payment to be
$94,909.50.
Counci1member Kelly inquired as to the total amount paid to Dup's,
Inc.
Mr. Tanner stated the amount exceeds $200,000. He stated the City has
submitted two requests for reimbursement whkh total over $120,000.
Counci1member Duke asked the Director of Public Works, Ed Menvi1le what
the total dollar amount of the invoices being held due to the
lack of documentation.
Ed ,Menville stated the City at the present time,"isho1ding an
additional $90,000.
Motion, was made by Counci1member Kelly, seconded by Counci1member
Duke to authorize payment.of Change ,order No~'7 (continuation), 10, 21,
22, 23, 24, 25, 26, 26 (continuation); invoice No. 14783 and'invoice
No. 14900 in the amount of $94,909.50 to Dup's, Inc.
The motion was voted on with the following result:
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Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci1members Kelly, Lang and
Duke
Counci1member Jenkins
None
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City Council Regular Session, January 13, 1992
012
CODE ENFORCEMENT:
Consideration was given to new construction and code enforcement.
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Ed Beasley, the Building Official submitted, a, report on Quilding
violations and permit suspension. He stated his Department was having
a Builders meeting to discuss work site conditions and requirements.
Mayor Johnson inquired about the meeting with the Building Standards
Commission.
Mr. Beasley stated the City was in the process of preparing an
ordinance for foundation repairs in the City.
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the City Council meetings.
Motion was made by Councilmember Duke, seconded by Councilmember
Jenkins to approve the minutes of the November 11, November 25,
December 2, December 9, December 16, December 18 and December 21, 1991
City Council meetings as presented.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke, Kelly
and Jenkins
None
None
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COUNCIL COMMENTS:
Councilmember Lang commented she 1 iked the directness of the staff.
She expressed her appreciation of the face to face communication wi-th
the builders and with the residents.
Councilmember
complimented
arbitrary.
Jenkins commented that he spoke to a builder who
the BuiTding Official on being consistent and not
Mayor Johnson gave Counci 1 a 1 etter on the avail abi 1 ity of funds. He
stated he would like to have a planning session with the City Council
at their earliest convenience
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City Council Regular Session, January 13, 1992
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ADJOURNMENT:
013
Motion was made by Councilmember Lang,'seconded by Councilmember
Jenkins to adjourn the meeting.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Kelly,
Duke and Jenkins
None
None
The meeting adjourned at 9:32 P.M.
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
WEDNESDAY, JANUARY 15, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
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The City Council convened in workshop session in the Municipal Building
(3800 University Boulevard), ion January 15, 1992. Mayor Whitt F.
Johnson, CouncilmembersCullen Duke, Jim Jenkins and Bob Kelly were
present. City Manager Mike Tanner, City Attorney Jim Dougherty, City
Secretary Kaylynn Holloway and Buildtng Official Ed Beasley were also
present.
TREE PRESERVATION AND REGULATION:
Consideration was given to matters related to Tree Preservation and
Regulation.
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Mayor Johnson introduced the staff and the participants.
Linda Day, of the Tree People organization, presented her ideas on the
proposed new tree ordinance. She explained that the City needs an
ordinance to preserve the ecological system that benefits the whole
community without infringing on the rights of individuals. Ms.--Day
focused on the content, form and enforcement of the ordinance. She
suggested the City hire an Urban Forester to enforce the tree
ordinance, educate homeowners and build.erswhile maintaining and
preserving City Parks.
Jim Rhoades, Urban Forester for the City of Austin, Texas discussed
an overview of their program. He explained their ordinance focused on
economic development, rights of private land owners and the interest
and welfare of the community as it pertains to preservation of trees.
Mr. Rhoades stated the guidelines for replacement of trees is
specified in the Austin: Criteria' Manual. "",
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Councilmember Lang arrived at 7:30 P.M.
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Jim Dougherty City Attorney presented: the City Council with a draft
ordinance. He gave consideration to the major issues. He discussed
who will administer the tree program, .wher.e the ordinances would
apply, when tree-protection measures would apply, why an owner
could cut down a tree and what kinds of trees are protected.
Mayor Johnson raised the question of funding. He stated the City does
not have appropriation in the 1992 budget for such projects.
Ms. Day stated that the Tree People have a $20,000 America the
:Beautiful grant part of which could, be- us'ed for, a- part-time Urban
Forester.' , \
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Minutes of City' Council Meeting, January 15, 1992
Mayor Johnson asked 'Mr. Rhoades how the City of Austin funded their
program.
Mr. Rhoades said their City's program was supported 75% by a general
fund.
Mayor Johnson invited the audience to speak.
Doug McMurray, of the Greater Houston ,Builders Association;, stated,
his'organization's interest in protecting trees. He expressed ,his hope
that the City Council would 'con$ider the builder's input when
initiating an ordinance.
Tim Hanson, a new resident on Robinhood, expressed his concern about
the size of tree replacement.
Peggy Ozborne, a resident at 4109 Cason, stated her objections of
the private property issue. She said her rights as a neighbor were
affected.
Elsa Piper, a resident at 2739 Wroxton, complained about the potential
damage from the new sewers to her trees.
Charles Gilhart, a resident at 2739 Barber Lane,'projected the real
issue as being the long-term'qualityof life. He said the strict codes
of West University were for the benefit of the whole community. He
stated he would support the tree ordinance.
John Fenoglio, a resident at 3017 Albans, requested the City Council
to take into consideration trees whose root systems bordered, on two
properties. He asked what could be done about the builders clearing
the lot next door to him and damaging the tree.
Mayor Johnson asked Ed Beasley, Building Inspector, if he was aware
of Mr; Fenoglio's situati'on.
Mr. Beasley stated that he had inspected the property and at the
present time, the builders had not violated any rules or regulations.
Lynn Slusser, a resident at 6437 Rutgers, took exception to the
statement by Doug McMurray'pertaining"to the builders being
concerned about the trees. She stated that the City is late on getting
this 'ordinance passed and that the City Council should act immediately
on this issue.
Johanna Weems, a resident at 3418 Georgetown, suggested listing the
builders who violate the ordinance in City Currents.
Mayor Johnson invited the participants from the Tree People to speak.
Diana Freeman reviewed the history of the Tree People. Shesuggested
the only party concerned about private property is the City Council.
She inquired as to the ensuing procedures to secure the passage of a
tree ordinance and the services of an Urban Forester.
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Jeff Jordan stated that the City has the need, the resources and the
ingredients to move forward.,
Virginia McNeely thanked the citizens for attending and stated that
tree preservation was a general concern among all the residents of West
University.
Susan Casper stated that she views the ordinance as a means of
protecting, cHizens from absorbing the expense of trying to save the
. ,trees after the damage is done.
Carol Burke, Chairman of the Parks and Recreation Board, expressed her
support in protecting the ecology that exists in the community.
Mayor Johnson expressed his concern about passing an oroinance that
would meet with the satisfaction and general acceptance of resid~nts.
He stated that this should be an environmental issue and not a .
political issue.
Mayor Johnson invited the Councilmembers to speak.
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Councilmember Lang stated that,the situation in West University is
fragile. She suggested that the nature of the City's construction,
being so congested, would traumatize any vegetation on that lot.
Councilmember Lang also expressed concern about the added expense of
additional staff.
Councilmember Jenkins stated he takes the premise that anyone who can
afford to purchase a lot in West University would not intentionally
destroy a tree that would increase the value of that lot. He suggested
that everyone should be more positive and encourage citizens to plant
trees.
Councilmember Duke stated that the City needs to look at all the
different ways in which the City can achieve the objective to protect
the somewhat unique system and ecology the City has. He took exception
to the implication that the City Council is overly concerned with
private property rights. He also clarified that $10,000 of the $20,000
grant referred to previously by Ms. Day consisted of matching funds
coming from the City budget.
Councilmember Kelly stated that the Council is intentionally passing
ordinances to restrict individual property rights. He suggested the
Council would do this to keep West University unique.
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Minutes of City Council Meeting, January 15, 1992
018
ADJOURNMENT:
A motion was made by Councilmember Jenkins to adjourn. The motion was
seconded by Councilmember Lang and the workshop adjourned at 9:05 P.M.
(r/P?~J~
hl t F. John
Mayor
Kaylynn Holloway
City Secretary
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019
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CITY COUNCIL SPECIAL SESSION
TUESDAY, JANUARY 21, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
********************
The City Council convened in Special Session in the Office ,of the City
Manager (3800 University Boulevard) on January 21, 1992. Mayor Whitt
F~ Johnson, Councilmembers Bob Kelly, Jim Jenkins, Janice ,Lang and
Cullen Duke were present. City Manager Mike Tanner, Public Works
Director Ed Menville, Dieter Ufer of Langford Engineering and City
Secretary Kaylynn Holloway were also present.
INTERVIEW AND SELECTION OF ENGINEERING SERVICES:
o
Consideration was given to matters related to the interview and
selection for Engineering Services.
The City Council interviewed the engineering firm of Turner, Collie &
Braden, the engineering firm of Claunch & Miller, and Langford
Engineering, Inc.
Each firm delivered to the City Council a presentation of their
services. The firms discussed their ability to work with small
communities and small contracts such as the City of West University
Place. Each firm displayed a format of their distinct engineering
disciplines.
Janice Lang left the meeting at 8:15 P.M.
Cullen Duke left the meeting at 9:00 P.M.
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The City Manager stated that all three firms were capable of handling
the projects for the City. He added the City Council should retain a
firm with the understanding they will meet day to day standards.
The City Council took into consideration the engineering firms ability
to be sensitive to the residents needs. Also the planning, design and
construction of the projects.
Mayor Johnson stated that Langford Engineering has the background and
the surveys. He added the City could save money because of their
previous history with the City.
Councilmember Kelly stated that all other qualifications being equal,
he saw no need in changing engineering firms. He stated he had no
objections to staying with Langford Engineering.
City Council Special Session, January 21, 1992
,"
Councilmember Jenkins stated he had no objections to staying with
Langford Engineering. But he suggested telling the firm the City
Council expected them to communicate better with the staff as far as
prob 1 ems were concerned. ""
The City Manager stated he did n'ot seea:n advantage in changing
engineering firms at this time.
Motion was made by Councilmember Kelly, seconded by Councilmember
Jenkins to continue to employ the services of Langford Engineering.
The motion was voted on with the followi'ng result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly and Jenkins
None
Councilmember Lang and Duke
Motion was made by Councilmember Jenkins, seconded by Councilmember
Kelly to adjourn.
The meeting adjourned at 10:10 P.M.
0120
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Whitt F. Johns . L
Kaylynn Holloway
City'Secretary
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CITY COUNCIL SPECIAL SESSION
THURSDAY, JANUARY 23, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
********************
The City Council convened in Special Session in the Municipal Building
(3800 University Boulevard) on January 23, 1992. Mayor Whitt F.
Johnson, Councilmembers Bob Kelly, Jim Jenkins and Janice Lang were
present. City Manager Mike Tanner, Director of Finance and
Administration Chris Taylor and City Secretary Kaylynn Holloway
were also present. '
INTERVIEW AND SELECTION OF MANAGEMENT CONSULTING SERVICE:
o
Consideration was given to matters related to the interview and
selection for a management consulting service.
The City Council interviewed the consulting firms of Ray Associates,
The Waters Consulting Group, KPMG Peat Marwick and Ralph Andersen &
Associates.
The firms presented a proposal which included an overview of an
effective pay program, details of their approach to the project and
provided time and cost estimates. ,Ea'ch. ,firm stated their approach
would consider input from the City Council, City Management, and
employees to create a program that is custom-designed for the City of
West University Place. Each group claimed to have worked extensively
with cities, special districts and other governmental entities.
Councilmember Cullen Duke arrived at 8:35 P.M.
The City Council considered the overall goals of the City in selecting
a consulting group. Consideration was given to the amount OT
flexibility and control of the program and the City's princ.ipal
objectives.
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Mayor Johnson indicated he was interested in checking the references
provided by the firms.
City Manager, Mike Tanner clarified that each one of the consulting
firms were recommended. He stated if the City wanted a basic plan than
Waters Consulting Group could possibly give the City more value for the
fees charged. He added that if the City wanted a plan beyond the
basic, like a pay for performance, then Ralph Andersen has done the
most work.
Councilmember Lang stated she supported Waters Consulting Group.
City Council Special Session, January 23, 1992
022
Councilmember Kelly had questions regarding the addition of performance
appraisals to the packages presented.
Councilmember Duke stated he preferred the process of beginning with a
cost of living or general compensati'on increase to keep the overall
range market competitive. He,acided that rewarding the performance of
good employees needed ,;cons i derat; on.
Councilmember Jenkins agreed with pay for performance.
Councilmember Lang expressed concern regarding Supervisors being
allowed,to change the employees ,job description.
Mayor Johnson asked for a motion.
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Mot i on was made by Counc i 1 member, Lang, seconded by Counc i 1 member Ke 11 y
to employ the services of Waters Consulting Group including the $3,000
for a performance appraisal and the firm would limit their expenses to
10% maximum.
, ; .
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Abstain:
Absent:
Mayor Johnson, Counci lmembers Kelly and Lang
Councilmember Duke
Councilmember Jenkins
None
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Motion for adjounment was made by Councilmember Kelly, seconded by
Councilmember Lang.
The meeting adjourned at 10:55 P.M.
Kaylynn Holloway
City Secretary
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023
CITY COUNCIL WORKSHOP ,SESSION
MONDAY, JANUARY 27, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
************************
The City Council convened in workshop session in the Municipal
Building (3800 University Boulevard) on January 27, 1992. Mayor
Whitt F. Johnson, Councilmembers Cullen :Duke, Jim Jenkins,
Janice Lang and Bob Kelly were present. City Manager Mike
Tanner, City Secretary Kaylynn Holloway,;Finance Director Chris
Taylor and Public Works Director Ed Menvi]lewere also present.
PARKS AND RECREATION BOARD
A discussion was held regarding matters related to the Parks and
Recreation Board.
Carol Burke, Chairperson of the~Parks and:R~creation Board reported
on the budget and activities relating to the Board since November
1991. She stated that the Parks Board had reviewed the outstanding
activities to be completed and delegated responsibilities to members
for attention.
Ms. Burke commented that the Arbor DayCel~bration wa's.a success and
remi nded the Counci 1 of', the Va] enti:ne.' s. Dance .on' February 14,
benefiting the Parks and that citizen response to the invitations
previously mailed had been very..good. _ ,,: .
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Councilmember Duke asked the cost of the event.
Ms. Burke estimated the cost to be $32 to $34 per couple and that the
Board was selling tickets for $50 per couple. She stated that the
Board recognized the first year was not going to yield a large
profit, but that the annual fund raising effort should have greater
success of':ra,i sing funds .~n. c.omingJ years:..:,;.. Inaddi.tion, the Parks
Board has negotiations underway to have a major portion of the
project :underwr.itten b}cthe Stouffer Hotel in' the 'futu.re. ; "
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Councilmember Duke asked what the break-even cost was.
i ..
Ms. Burke stated that 100 couples would ensure break-even.
John W.i 1 kerson, a member of the, Parks Board, added that George
Procher Architects is 90% complete on h.is.work on the Milton Park
project and wou 1 d be ready. to go' out for birds .'VJ~ry so.o.n'.",
Ms. Burke added that she has received a great deal of citizen inquiry
regarding Mi 1 ton Park. She asked: that ,the ',B.oa'r:d be 'furni sheda,', ,
budget for each activity involved.
City Council Workshop Session, January 27, 1992
City Manager Mike Tanner commented that the current procedure is that
any expenditures are taken from a limited Recreation budget and are
pre-approved by Staff. He added that the Board is requesting from
Council a pre-approved budget with rules :and procedures to follow
to be dedicated to the Parks projects.
Mayor Johnson stated that the Parks Board spent $1,600.00 on postage
and that he considered the amount inappropriate and that the Board
should raise the money, and reimburse:the City.
Ms. Burke stated that the Board had_agreed to raise the funds.
Mayor Johnson further commented that the Parks Board should seek
Council approval on expenditures.
Councilmember Lang commented that the City could formulate a
procedure for pre-approval of funds, allowing the Parks Board to
use their discretion. .
Councilmember Jenkins suggested the City allocate the money
collected through water bi 11 s to be ,used.
CouncHmember Lang asked the City. Manager 'what the money donated
through the water bi 11 s, was used for .,'
Mr. Tanner explained that some of the money was used to develop the
playground at West University Place. Elementary School. The current
balance was presently unknown, but, could be determined.
Councilmember Duke added that City Counci'l had budgeted interest
income from that fund, but, did not budget any other revenue.
Mr. Tanner stated that the fund was utilized for hard development and
that he could report to Council the balance of the fund at the next
City Council meeting.
CouricilmemberDukeasked if any other funds raised by the Parks Board
are deposited to the same account a.s the water billing funds.
Jere Ahrens, member of the Parks Board, stated that the funds are
in two separate accounts.
Larry Massey, member of the Friends of the Parks Board Fund, agreed
with Councilmember Jenkins'opinion that money contributed to the
City by the water bills is considered capital for the Parks Board.
Further, that the purpose was to encourage all citizens to slJPport
their efforts to maintain green space ,and also support the Parks
Board's endeavors to utilize the funds in the best possible manner to
benefit the City.
Councflrnember Kelly stated that if all citizens. of WUP were
contributing voluntarily to the wateroHlingfund, then the funds
shoul d be used by the Parks Board. Further, City Counci 1 shoul d
investi gate the restrictions, if any, governing this fund.
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City Council Workshop Session, January 27, 1992
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Ms. Burke listed three possible sources of funds.' The first she
stated is the Park Board's fund from Park Fest which includes Arbor
Day sale of t-shirts. The second is Friends of West University
Parks, Inc. which is private endowment funds and third is City
Council funds which includes anything that is budgeted and
contributions through the water bills.
Councilmember Kelly stated the City could put a restriction on the
water bill fund. He stated that unrestricted funds could be used for
reimbursable expenses for fund raising by the Parks Board. Further,
it could also be used for direct expenses on parks. Funds the
Friends raise would always remain separate. He added that any money
raised by the Parks Board could go into the Park Board's fund.
Ms. Burke stated she like the idea of leaving the Park's fund open
because then it could be used for maintenance of the parks.
Motion was made by Councilmember Lang, seconded by Councilmember
Kelly to adjourn the meeting.
The motion was voted on with the following result:
o
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson,
and Kelly
None
None
Councilmember Duke, Lang, Jenkins
The meeting adjourned at 7:23 P.M.
Kaylynn Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, JANUARY 27, 1992
MUNICIPAL BUILDING
. 3800 UNIVERSITY BLVD.
'7:30 P.M.
****************************************
The City, Council convened in regular session in the Municipal Building
(3800 University Boulevard) on January 27, 1992. Mayor Johnson,
Councilmembers Kelly, Duke, Jenkins and Lang were present. City Manager
Mike Tanner, City Attorney Jim Dougherty, Public Works Director Ed
Menville, Deputy Director Public Works/General Services, Jerry. \Burns,
Police Chief Steve Griffith, Finance Director Chris Taylor and City
Secreta ry Kaylynn Holloway were also present. Mayor Johnson deli vered
the invocation and Councilmember Bob Kelly 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.
Al Richey, a resident at 3806 Byron, explained to the City Council the
sewer problems he was' havingi'-. He stated that any amount of rain would
cause his sewer to back up. He questioned the repair schedule and
wanted to know if he would have any relief before 1994 or 1995.
Mike Tanner, the City Manager, stated this was a major problem in that
a rea. He s ta ted it wou 1 d be d i ffi cu 1t to documen tall the ca 11 s the
City had received about sewer problems in this particular area.
Pam Cocavessis, a property owner at 3819 Sunset, pr,e~ented an overview
of the Liberty Hill Park expansion. She complained that Mr. Bill Pray
'and Counc,i lmember Jenkins were the project 1 eaders. She .stated that
the City failed to notify the land owners of what was really taking
place and that the petition was not circulated to all the land owners.
Ms. Cocavessis .expressed: fe:ar that ,herpr.operty would be condemned if
the Liberty Hill project continued.
Councilmember Jenkins clarified that all the property owners living in
the area were given the opportunity to sign' the petition.
Councilmember Lang invited Ms. Cocavessis to the public hearing
concerning the Liberty Hill Park expansion.
"
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Nick Cocavessis, a property owner at 3819 Sunset, stated that he
resented the implication ,thatbecau,se he, and, hi,s wife were no, longer
residents they did not have the right to be influential in the decision
concerning Liberty Hill Park. He stated the best solution was for the
. City to enhance the green space by purchasing his property.
"
City Council Regular Session, January 27, 1992
028
BIDS FOR SANITARY SEWER IMPROVEMENT: '"
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Consideration was given' to'bidsreceived November 25, 1991 for
construction of Priority Area 4 Sanitary Sewer improvements.
Mr. Tanner reminded the City Council that they had questioned the
responsibility of the low bidder, Gear-geM. Construction and had
delayed . award of the, contract. He stated the City Manager and City
Attorney were directed to perform tasked req~ired by law to award a
contract to the second lowest bid .of $663~650.00 (base bid and bid
alternates)t6 Whitelak, Inc.
Dieter Ufer of Langford Engineering discussed the plans and
specifications of the project.
Motion was made by Counci lmember Jenkins, seconded by Counci lmember
Lang to award the contract for construction of Priority Area 4 Sanitary
Sewer improvements to White,lak, Inc.
.; ~
The motion,was voted <on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Jenkins, Kelly
and Lang
None
None
RESOLUTION AUTHORIZING SIGNATURES:
Consideration was given to Resolution Number 92-01 authorizing City
officers to sign checks.
City Attorney suggested amending the resolution to appoint one person
as City Treasurer who would be authorized to sign checks.
City Council agreed to pass the resolution for amendment.
PURCHASE OF TRUCKS:
Consideration ,was given to the 'purchase of trucks for the Building
Division.
The City Manager recapped the accident caused by a drunk driver that
occurred on January 14, 1992. He reported that the destruction of the
two trucks assigned to the Building Division would cause a decline in
service if the trucks were not, replaced soon'.
Chris TaYlor, Director of Finance and Administration stated the driver
of the vehicle had a $15,000~00 tap on his insurance with State Farm.
He stated that the City's insurance with Texas Municipal L~ague carried
a $1,000.00 deductible for each vehicle. He added that the replacement
cost of the two trucks is 19,900.10.
2
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City Council Regular Session, January 27, 1992
M
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Mr. Tanner recommended $4,900.10 be appropriated from the General Fund
Reserve for purchase of two trucks. .',
Councilmember Duke stated he was interested in seeing Texas Municipal
League pursue this matters'o at the very least the City could retrieve
all or a portion of the deductible. "
Councilmember Jenkins stated the ,City has can obligation to obtain a
judgement against the drunk driver~
Motion was made by Councilmember Kelly, seconded by Councilmember
Jenkins .to accept the unforeseen damage and authorize the ctty to
proceed at once to repl ace' the vehicl es',' ,waiving the' forma 1 bid process.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, ~ouncilmember Duke, Kelly, Jenkins
and Lang
None
None
SOLID WASTE DISPOSAL:
o
Jerry Burns, Deputy Director of Public Works/General Services discussed
the closure,of the landfill site. He explained that once the City was
in the process of closing ,thelandfi.l1, .it could be capped with top
soil. Further, once capped, a venting system would be installed to
allow the methane gas to escape the, eas,iest path, possible.
Mayor,Johnson questioned Mr. Burns about ,the City getting permission to
use an i nterna 1 combusti on system. 'He expressed concern about the
City's possible liability with the methane gas.
Mr. Burns stated that underground exploration could be used to
determine i'f igniting the gas . would be a' possibility. .,jHe',stated this
process would require approval by the Texas Health Department.
Mr. Burns stated the WRS site was a 11 concrete with easy access for the
City trucks.
Councilmember Lang inquired about the turnaround time at the WRS site.
Ed Menville, Director of Public Works, stated the turnaround time was
less than 15 minutes. Further, the City could have 10-12 years at that
site.
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Mr. Burns reported on the City's recycling efforts. He,stated that
paper contributed to 65% of the' recycli'ng in the City.. He stated that
plastic containers were responsible for 6% and aluminum and glass
containers comprised the remaining 29%. He added . that at this time
plastic was, 'no longer .a,recyclableitem,andwas being thrown away.
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City Coun\=il Regular Session~ January 27, 1992
030
, '
PAYM~NTOF ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS:
L
Councilinember Jenkins' suggestednotlfying the residents about the
City's inability to recycle plasti'c containers and save the expense of
pick-up.
. -- ~ .
Consideration was given to the payment of $4,290.55 to Langford
Engineering for providing engineering services on Priority Area #3
Sanitary Sewer, Priority Area #,2b Water Replacement Amherst, Academy,
Bissonnet and West Point, and on Wakeforest Water Plant Expansion.
'Motion was made by Counci,lmember Kelly, seconded by Counci lmember Duke
to pay the engineering serv,ices; in accordance with the recommendation
of staff.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Coun<:ilmember Duke, Kelly, Jenkins
and Lang
None
None
PAYMENT FOR WAKEFOREST GROUND STORAGE TANK CONSTRUCTION:
Considef'ation was given to the payment of Estimate No.2 in the amount
of $13,657.50 for work performed (December 1 through 31, 1991 ) in
construction of 2 Ground Storage Tanks, (each with 500;000, g,allons
capacity) by Nunn Constructors and a time extension.
Motion was 'made by Councilmember Jenkins, seconded by Cou(lcilmember
Kelly to authorize payment of Estimate No: 2.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Coun~ilmember Duke, Kelly,: Jenkins
and Lang
None
None
PAYMENT FOR SEWAGE TREATMENT REPAIR:
Conslderation was given to the payment of'$13,262.00 ~o ,repair the belt
presses at the sewage treatment plant.'
Mr. Menville stated that the City, at this time, is withholding payment
from Mechanical Dynamics for the paihtdeficiency on the rollers and a
5% reta i ner unti 1 the fi ni shed product'inet contract re'qui rements.
Moti on was made by Counci lmember Duke, seconded by Counci lmember Lang
to authorize payment of $13,262.00t6Mechanical Dynamics.
The motion was voted on with the following result:
4
City Council Regular Session, January 27, 1992
'031
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Voti.ng Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmember Duke, Kelly, Jenkins
and Lang
None
None
The Council recessed at 9:35 P.M. and reconvened at 9:45 P.M.
PURCHASE OF PROPERTY:
Consideration was given to the purchase of property located at 4102
Byron Street.
Mayor Johnson read the earnest money contract to the City Council. He
stated the property could be purchased for $140,000. The Mayor. added
that Al Browning was willing to sell u.nder the condition that after the
closing date of April. 30, 1992, the pres,ent tenant. (his Mother) would
b~ able to stay in the house for a few months at no charge.
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The City Attorney suggested attaching a lease agreement to the contract
at closing. He also, clarified that if the City had a Landlord and
Tenant agreement then the City would need a lease even if the lease
was for only a few days.
Councilmember Lang stated the City needed a limit on the amount of time
the present owner coul d stay in the home..
Councilmember Kelly suggested accelerating "the closing tp, the end of
March and give the current resident until the end of May to move out.
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Motion was made by Councilmember Kelly, secohdedby Councilmember
Jenkins to offer the amount specified to purchase the property.
Further, the c 1 os i ng wou 1 d be the 1 as t day of Ma rch , 1992 and the
property to be vacated by that date or at the electiqn of seller could
stay until the end of May.
. .
The motion was voted on with the following result:
Vottng Aye:
Voting Nay:
Absent:
Mayor Johnson and Counci lmembe,r Jenkins
Councilmember Lang, Kelly and Duke
None.
FUEL STORAGE AND REMEDIATION:
[
Consideration was given to fuel storage tank installation, remediation,
payment of $97,006.02 to Dup' s Inc. and reimbursement,.
The City Manager. pr.esented a report on the previous payments to Dup's
Inc. ..,
5
City Counci 1 Regular Session, January 27, 1992 , 032-
Mr., Menville stated ,the .City,.was waiHng for ,the third cancelled check Lr-
to submit for reimbursement. He stat~d:theCity had two requests in
the Texas Water Commission's possession right now.
Councilmember Duke inquired about the turnaround for reimbursement.
Mr. Burns stated the submissions ,wene both over 30 days old.
Councilmember Duke stated that normally a contractor pays for the bond
out of their own pocket.
Mr. Menville stated the bond was to cover remediation and that it was
reimbursable.
Councilmember Jenkins stated. that Mr. DuPriest told the Council the
tank woul d .be' running by January 1, 1992. He. ,recommended not paying
the remainder of the contract until the gas tanks are completed.
Motion was made by Counci lmember Jenkins, seconded by Counci 1 member
Duke to table the, discussion of payment of the $97,005.02 to Dup's,
Inc. until the gas tanks are up and running.
The motion was voted on with the following result:
Voti n9 Aye: Mayor Johnson,Counci lmembers Duke, Kelly"
Jenkins and Lang
Voting Nay: None
Absent: " ,None
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CITY COUNCIL MEETING MINUTES:
'Consideration was given to, the minutes of the special sessions on
January 8 ,and January. 13, ,regular session on January 13, and workshop
session on January 15, 1992.
Corrections and suggestions were submitted to the City Secretary.
Motion was made by Councilmember Duke, seconded by Councilmember
Jenkins to approve the minuteswith~hesubmitted corrections.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Kelly, Jenkins
and Lang
None
None
COUNC I L COMMENTS,:
Mayor Johnson "discussed the possibility of changi ngbi 11 i n9 dates of
the water bill and the affect the change would have on the City Current.
Councilmember Lang suggested moving to a monthly reading of the water
meter.
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City Council Regular Session, January 27, 1992
033
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Mr. Taylor stated he has' received mixed feel ings from residents about
the billing cycle.
Councilmember Lang suggested publishing a time table in the City
Currents so residents would not miss events or meetings.
Councilmember Kelly inquired about the length of time the warning signs
for stop signs would remain on the City streets.
Po 1 ice Chi ef, ,Steve Gri ffi th stated the warni ng signs were usually
permanent because too often the sighting of stop signs was obscured or
there could be a high incidence of accidents.
ADJOURNMENT:
Mot i on was made Counc i 1 member Lang, seconded by Counc i 1 member Ke 11 y to
adjourn the meeting.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmember Duke, Kelly, Jenkins
and Lang
None
None
o
The meeting adjourned at 10:50 P.M.
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Kaylynn Holloway
City Secretary
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CITY COUNCIL SPECIAL SESSION
THURSDAY, JANUARY 30t 1992
MUNICIPAL ~UILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
********************
The City Council convened at 7:05 P.M. in Special Session in the
Municipal Building (3800 University Boulevard) on January 30, 1992.
Mayor Whitt F. Johnson, Counc.ilmembers 'Bob Kelly and Jim'Jenkins were
present. City Manager Mike Tanner, Director of Finance and
Administration Chris Taylor and Public Works Director ,Ed Menville were
also present.
The following members of the Parks and Recreation Board were also
present: Chairman Carol Burke, JereAhrens, Carla Rea, Lynn Simoneaux,
Phillip Stevensen, John Wilkinson and Chuck Gillen.
CONSIDER MATTERS RELATED TO ,THE PARKS AND RECREATION BOARD:
o
Consideration was given to the budget, activities and parks development
plan of the Parks and Recreation Board~
Chairperson, Carol Burke presented the City Council with'a proposed
budget. for 1991-1992. She stated that in order to cover the general
administrative costs for. the,jParks .and'.Recreation"Board,the Board was
requesting the City Council toa.l locate $3~.500c Tar the budget year
1991-1992. She also stated, that iri order to facilitate the funding of
the, parks and recreation projects,' the Parks Board was requesting that
the citizens "Park Fund" as so designated on the water bill, be
allocated to the Parks and Recreation Board for administration and
recommendation in the same,ma-nne,r:'as the funds raised by the Parks
Board and the Friends of West University Parks under its 501(c)(3)
corporation. Ms. Burke added that the City Council could still
administer and recommend spendin9 the funds under one general umbrella.
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Chris Taylor, Director of Finance and Admi:nistraUon,:stated that he
and the City Manager have previously discussed the request and are in
agreement that the Parks Board needs-.to be autonomously independent
from the City both operationally and fin'ancially. Further, the Park
Fund donation, be spent based upon what the Parks and Recreation Board,
City Staff and City Council so wished. He stated the $3,500 requested
would .beseed money to start.the Parks :Board1s: program with the goal of
the program being totally self .suffici.ent. He added the City1s
relationship with the Parks and Recreation Board should be one that
advises the City and gives direction concerning the, Parkso. Mr. Taylor
stated the City should cut the financial tie between the City as an
institute and the Parks Board as an institute.
City Council Special Session, January 30, 1992
036
Mayor Johnson stated there w~s not a budget for any Board in the City.
Ms. Burke asked if there was any Board trying to raise money to help
the City other than the Parks :and Recreation Board. She stated the
Parks Board could not raisedli10ney iLtheYdo not have money to get
started and accomplish th~irgoalS. '
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Mayor Johnson stated the City'shbuld possibly consider issuing a line
of credit to the Parks Board. He'stated the Parks Board has no legal
constituted authority to spend the tax payers dollars. The Mayor
expressed his appreciation to the Board for all of their
accomp 1 is hments wi th the' Ci ty. ' '
Counci lmember Kelly stated the Parks Board,'has three funds: ' The, first
being a fund raising "fund" which cis not City money but must have the
approval of the City Council before being disbursed. He stated the
second is the Friends of West University Parks, Inc. 501(c)
corporation, in a separate account, which also requires Council
approvalJ He added the thirdiis the'!Park Fund" which, is the water
bill fund. He Clarified that it is this ;money the citizens contribute
to be spent on the parks but a:lso requires City Council approval.
Mr. Tanner stated it would be the staff's recommendation that the "Park
Fund" be used only for physical improvements to the City parks. He
stated the City Council could give the Parks Board a specific budget
for this year and insure that the expenditures they make are consistent L~",.
and ultimately approved by Ci'tyCounciJ. ,...
Parks 'Board member, Jere Ahrens, clarified that, the Parks Board's
purpose is to advise City Council 'on where they believe the citizens
want to 'spend their money. Further, the Board's purpose is not to
raise money. He added' that the reason- the Board has Arbor Day, a
Valentine's Day dance and Park Fest is to keep the interest of the
citizens ,for the people who raise the'maney, which is the Friends of
West Un; vers ity Parks L
Mayor Johnson stated he sees no objection to allocating $3,500 to the
Parks Board.
Carol Burke stated the Parks Board feels that future donations are
going to be high and their concern for the future is to be able to make
recommendations on how:it is to be used.
Councilmember Jenkins suggested having"one fund. He stated he was not
, familiar with the 50l(c}(3) 'corporation. ' He asked how much money was
in 'this' fund. ' '" , , " :"
Mr. Ahrens stated the fund currently has, approximately $70,000. ,He
added the 501(c)(3) corporation is a set. up corporation for the
citizens to donate tax free dollars and a lot of the money is
designated for' certain expenditures.
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City Council Special Session, January 30, 1992
U~(
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Motion was made by Councilmember Kelly, seconaed'by Councilmember
Jenkins to allocate $3,500 for the 1992 Budget for the Parks and
Recreation Board.
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
Carol Burke presented an update on Friends of West University Parks
activities.
John Wilkinson presented a proposed timing schedule and funding
requirements for the parks and recreation projects. He stated the
school ground improvements would include a sprinkler system to be
installed during spring break. He also discussed the proposed plans
for Colonial Park.
Motion was made by Councilmember Jenkins, seconded by Councilmember
Kelly to adjourn.
The meeting was adjourned at 8:40 P.M.
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Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
WEDNESDAY, .EEBRUARY 5, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
" 7: 00' P . M..
********************
The City Council convened in Workshop Session at 7:10 P.M. in the
Municipal Building (3800 University Boulevard) on February 5, .1992.
Mayor Whitt F. Johnson, Councilmembers, Bob Kelly, Jim Jenkins,
Cullen Duke and Janice Lang were present. City Manager Mike
Tanner, Director of Finance and Administration Chris Taylor, Director
of Public Works Ed Menville, Building Official Ed Beasley, City
Attorney Jim Dougherty and City Secretary Kaylynn Holloway were
a 1 so present.,:
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DISCUSS TREE PRESERVATION ORDINANCE:
A discussion was held to discuss the tree ,preservation ordinance. .
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City Attorney, Jim Dougherty informed the City Council that the draft
ordinance dated January 21 represented an attempt to incorporate the
various comments he had rece,ived from a number of sources. He
presented Council with an overview oJ the ehanges to.. the ,original
ordinance.. Mr. Dougherty stated that it was assumed that the, ordi,nance
would not work without a criteria manual because key issues, would,be
presented in the manual.. ," . .
Councilmember Jenkins asked the City Attorney if anyone had ever seen
a criteria manual.
Mr. Dougherty stated he had seen the criteria manual adopted by the
City of Austin, Texas. He stated the manual fOirAu.stin referred to
severa:li:ssues' that would not-apply :to the ,City, of .WestUniver'sity
Place.
Councilmember Jenkins questioned the purpose of the Gurrent:workshop
meeting.. 'He stated he, had, ,never seen a criteri a manual and before
Counci 1 coul d fi na 1 i ze the tree ordi nance :thelY :would n~ed to see a
manual.
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Mayor Johnson suggested the Ctty. Council co.ntinue with the information
presented an~ propose amendments and, suggestions to the ordinance. He
stated the Council could then invite the members of the Tree People to
participate in another meet.ing. :
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Councilmember Duke stated the proposed tree ordinance was beyond that
point. He agreed that 'the Ci.ty'CouncH had not controlled the
.ordinance properly. He stated that if the Counci 1 was proc,~eding on
City Council Workshop'Session, February 5, 1992
040
the assumption that the City would ,be able to work out all the details l'._....
with the Tree People, without involving political issues, then the .
Council was proceeding on a false assumption.
Councilmember Jenkiils stated: he was 'concerned the City was developing
an ordinance around a few'individuals.'
Councilmember Duke stated he spoke'with a resident who was appalled
that the City Council was spending time on a tree ordinance when the
sewers in her area were not working.
Councilmember Lang asked the City Attorney how the draft ordinance'
he presented had more affect than the current ordinance in'place. She
asked how'this ordinance would actually improve the chances of the
trees sustai~~ng.
Mr. Dougherty stated that tree surveys, tree disposition plans and
permits to cut down trees were the three factors required by the
ordinance. He stated the proposed draft combined the survey and the
disposition plan and are in addition to what the existing ordinance
requires. He added that the existing ordinance only applies to the
front set back and the side setback. ,The draft ordinance' presented
covered the whole lot but only at the time o'f development activity.
Further, it is presumed to ,include th.ingslike demolition~ He stated
before a resident could get a permit to demolish, they would need to do
a tree survey and prepare a di'sposition plan.
Councilmember Duke questioned the proposed requirement that the tree
survey'would coverall trees on the lot as opposed to just those in the
tree permit area. He clarified that in the draft ordinance, even
though there would be development activity and a required tree survey,
a resident could do anything desired with a, tree in the backyard
without any input or restrictlon from the City. '
Mr. Dougherty stated the actual standard for trees is set out in the
criteria manual.
City Manager, Mike Tanner stated that'if ,ther,e was' new construction or
substantial reconstruction, then 'ey~ry tree on that lot would, be
involved.
Mr. Dougherty stated that if'a resident wanted to remove a tree, it
must be stated in the disposition plan and that plan would have to be
approved prior to cutting~ '
Councilmember Duke asked if the criteria manual was enforceable since
the statute does notspeci fica lly give the City the authority to
regulate a tree not in the tree permit area. ,
Mr. Dougherty stated that by adopting the criteria manual
simultaneously with the ordinance, it is ordained by Council.
"
Councilmember Kelly suggested the Council talk about conceptual
problems that the City wants this 'ordinance to address and make changes
?
Ci ty Counci 1 Workshop' 'Session,. February 5, 1992
,041
in the ordinance to satisfy these concerns. He 'stated ,that he
envisioned the intent of the ordinance to be to protect all qualified
trees on the property. He questioned ,the definition of a tree permit
area as stated in the draft ordinance presented.
City Manager, Mike Tanner stated,the principle number of complaints is
associated with new construction. He stated that the City Attorney was
focusing on separating new construction and existing homes. He added,
with existing homes, you move'to property. rights and individual desires
and it would be extremely difficult to enforce on a day to day basis.
Further, if the City is dealing with new construction, then the staff
wouH:I know exactly how many inspections an' urban forester would be
required' to:make~'" ,
Mayor Johnson stated that he felt the ordinance was intended to
regulate'trees in the back~ar?
Councilmember Kelly stated that the intention of the Tree People
was strictly to protect all trees during'new construction.
Counci lmember tang stated that the lots in the City are so small,
that even starting out,with the best intentions and the best protection
for the trees, the pr~perty owner could still possibly lose some of the
trees. ' ; .
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Councilmember Jenkins stated that Council was setting the stage for
someone to dictate what kind of hous~ could be put on an owner's lot.
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Mr. Dougherty stated the affectiveness was based on the Building
Official's dec:isi'on to issue'the, permit.;: He"added,tha't right__nowa
permit was needed for any structure or 'any enlargement of an existing
structure. Further, :u'sing''the.terms' "development activity" the City
could broaden 'the' netto' include what wa's' commonJy::taken to "prepare for
development, including demolition and removal of trees.
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Councilmember Duke stated that if the intent is to eliminate
arbitrary cuf-downs other' than the permit area,:- coulid 'CounciJ a.gree
that this is not a significant problem' 'in' the backyard.' Further,' could
the Council eliminate backyards entirely and limit the restriction to
the per~it'area~ .
Mayor Johnson stated he agreed with' Councilmember Duke.
Mr:. Tanner stated he doesn't ibelieve the City could stop construction
or the removal of trees that the resident can argue was an impediment.
He added the City needed to be concerned with replacement of trees and
the proper pla~ement of th~~: . . '
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Courici lmember Kelly stated hi s' understa.ndtng was' tha,t if there-was'
a choi ce: between the tre'e 'and: buildi'ng a new home than the tree caul d
'be'relTioved. ! He pointed out that by having ,an 'ordinance, the bui.lder
would be required to give cons'ideration to the best possible solution.
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City Council Wo'rkshop'Session, February5~: 1992
042
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Councilmember'Duke statedthe.regulations in the ordinance must be
clearly defined and leave no doubt for ajudgementcall~ so that if a
tree was removed, no one could second guess the judgement of the City's
staff.
Mayor Johnson asked the City 'Council to pass an ordinance that is
reasonable and enforceable.
Gouncilmember Jenkins clarified the end 'result would be ,that no one
would unreasonably take down a treei'
CouncilmemberKelly inquired:if it'was the ,City'CoLlncil's intent
that the only ramification in the ordinance would be 'replacement of
trees.
Mr. Tanner stated the City would want-to penalize someone for
noncompliance in obtaining a permit or submitting plans.
Councilmember Duke' as,ked if.the Council needed to consider trees in
areas not presently covered under the,current ordinance. He stated he
felt the Tree People were really trying to protect the trees being
destroyed by neglect or by,cutting them down.
Councilmember Kelly stated he felt the hope of the Tree People,was
to have an urban forester involved on site.
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Mayor Johnson asked Buildi'ng Official; Ed Beasley, if the City's
current ordinance would protect the trees in any significant manner.
Mr. <Beasley replied that the eXisting ordinance needed a few minor
modifications. He suggested that ,he would reduce the size of a
qualified tree, eliminate the list of the different breeds to protect
all trees and state a minimum size for replacement trees.
Councilmember Lang agreed with the suggested changes.
Mayor Johnson stated hefel,t theCoundl was not will ing to put an
urban forester on the payroll.
,
Mr. Tanner suggested that if the City was going to use, the services of
an urban forester, it would be by contract. Further, the City could
establish a fee based on job sites,.
Mayor Johnson asked the City Councfl if modifying the present ordinance
would be acceptable.
Councilmember Kelly felt that if the phi'losophy of the urban "
forester, or someone with specialized expertise and knowledge, was not
incorporated into the ordinance, then the City would fail in ',protecting
the trees'. He stated if the City was going to protect them on the
easement,' then' the trees should also.ibe p:rotected to the best possible
extent on the property. He stated that he did not think the City had
this expertise in house. L
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City Council Workshop Session, February 5, 1992
043
Mayor Johnson asked the City 'attorney if he, could take the.present
ordinance and draft an ordinance that the City Council could accept.
Mr. Dougherty stated he would recapitulate,allthe information about
trees into on~ ordinance. ,
Councilmember Kelly stated heis a firm believer that the City needs
more expertise in establishing control over the entire property, not
just the easement areas. He ,clarified he also believes the City needs a
procedure to get this expertise on site before development begins.
Ed Beasley and Jim DoughertY',left the meeting at 8:45 p.m.
Bob Simpson, the Deputy Director of Public Works, and Dieter Ufer from
Langford Engineering joined the workshop.: '
DISCUSS CAPITAL IMPROVEMENTS AND METHODS OF FINANCE
Mr. Tanner stated that the City Council had indicateci to the staff that
they were interested in storm sewers, basic drainage, and streets. He
stated he was presenting to staff a high impact project. He clarified
that the project is not something, the staff is trying to force upon the
City but rather something he und,ers;tood the.. City Cbunci 1 ,wanted.
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Mr. Tanner stated the City now has in effect a basic plan for capital
improvement which would permit the City to construct utilities' over a
period of twenty years.
Pub 1 ic Works Di rector, 'Ed~ Menv; 1,1 e';. presented,: the' ,€apjta}1 improvement
program on specific areas~ Mr. MenVille stated that the Charlotte/
Lake area was driven by,the need to do roadway improvements. He added
that'all,~the'waterlin-es:have'been installed and most of the'surv~y has
been completed 'in this area. Mr,. Menville stated the City.s philosophy
would be to do all thew.ork atone time.' ,He estimated the, time.,frame
for this particular area to be approximately ten months.
Mr. Tanner stated the Charlotte/Lake a~ea is an out of pocket project
from the general fund reserve.' He stated debt would not be increased
to construct this project. He added, the City could move very quickly
on thi s project. '
Mr. Menville stated there was also a need to continue with the utility
and roadway improvements in the City. He said the City's staff focused
on the area west of Auden and Weslayan which is called Priority Area 6.
Mr. Tanner stated he considered the most critical problem in th~City
is sanitary sewers. He stated the Priority Area 6 was selected because
of this area's severe probl~m. He added, the basic idea would be to
move from Priority Area 6 and continue improvements of the entire City.
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Councilmember Kelly suggested that to guarantee the success of this
project, the Council should present to the citizens the complete
proposal for improvement simultaneously with the entire amount of the
5
City Council Workshop Session, February 5, 1992
044
bond issue. He :stated this would reassure the 'residents that their
particul'ararea of the City would be improved.
Mr. Menvillepresented vicinity maps which 'showed street improvements, "-
water line installments, and the extent of the sewer improvements'in
Priority Area 6. He encouraged the City to try to secure funds from
other sources, such as Metro, to supplement the costs.'
Mr'~ Tanner presented a cost di~tribution for each sub-area of Priority
Area 6.
Mayor Johnson stated that in order to get Metro to help fund the
improvements', the City would have ,to satisfy their requirement; which
is a high velocity traffic street. He suggested 'improvement on
Weslayan.
Mr. Tanner stated that!the City's'finanCial advisor had abash:
resolution which would require City Council's approval and would meet
all the federal requirements for: reimbursement of funds.
Director of Finance and Administration, Chris Taylor, discussed the
current reserve of the general fund and the utility fund. He presented
a list of special~projects using'the reserve~ :which the CityCountil
had committed to or intends to commit to.
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Mr. Tanner cautioned theCounci 1 aboutius ing' the general reserves for
all projects.
Mr'.' Taylor disclissed'the bond issue with the amount:bf the ,tax' rate
increase with and without a uti 1 ity rate increase. '
Mr. ' "J1anner' reminded Ci tyCounCi 1 tha't' in order to ;insure) passage ,of the
bond issue in an election, they'would needito'campaign. ,He stated the
Counc i 1 needed to ma ke a dec is ion by the :24 th of February about'
whether they wanted to have a May, bond election.
Motion was made by Councilmember Lang, seconded bY Councilmember
KellY, to adjourn.
The meeting adjourned at 10:30 p.m..
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Kaylynn Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, FEBRUARY 10, 1992.
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7 : 30 P. M . '
****************************************
The City Council convened in' regular session in the: Municipal Building
(3800. University Boulevard) on February ,10, 1992. Mayor Johnson,
Councilmembers Bob Kelly, Jim Jenkins and Janice Lang were
present. City Manager Mike Tanner, City Attorney Jim Dougherty, Public
Works Director Ed Menville, Deputy Director Publ ic. Works/General
Servi ces Jerry Burns, Pol ice Chi ef Steve Gri ffi th, Fi nance Di rector
Chris Taylor and City' Secretary Kaylynn Holloway were also
present. Mayor Johnson del ivered the invocation and Councilmember
Janice Lang led the Pledge of Allegiance.
Cullen Duke was absent.
HEARING OF RESIDENTS:
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Mayor Johnson invited residents to,speak who had matters they1wished to
bring to the attention of the City Council.
Linda Day, a resident ,at 4224 Lehigh, took exception ,to the
procedures of City Council in handling the revision of .the' existing
tree ordinance. She stated the outcome of the workshop meeting held on
February 5, was not sufficiently beneficial to the property owners of
the City.' She strongly -'expressed' to 'the .Council the importance of
appointing an urban fores'ter.to make sure .th.e trees were not clear cut
by developers. Ms. Day stated the Tree People are pro developm~nt, but
want the trees that have'to be remaved replaced, and would like a City
ordinance stating .so.She insisted ;that the City Council, with the
exception of Councilmember Kelly is opposed to saving the trees~
Tim Hansen, a resident of 3131 Robinhood, expressed his support to
the tree, preserv.ati on pragram.: .. ' ,./ " ; i ' ',,'
Susan Kasper, a: resident at 4127, Cason, reported to the Council about
the existing strict protective tree 'ordinances found: in the c.itjes of
Austi'n, and Sunset Valley., She stated that the only thing .the America
the Beautiful grant prov'ided ,for ,is' the. hi-ri:t1g af an urban:forester;
and wanted to know what the Council intended to do with that grant
money.
Mayor Johnson stated that a portion of the money from the grant would
go to training the City's staff' and for the' payment of an urban
-forester on a consulting, :basis'. He stated' ,the. grant also included
funding for trees, preparation af an ordinance and legal expenses..~
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Councilmember Lang suggested that the Tree People were misinformed
on the position" of ,the City Council ; about . the, tree ;'ordinanc~;.; She
stated that the existing ordil1ancewould be -reconsidered'and:,;a new
ord'inance would be proposed.' 'She stated that all the trees in the
City Council Regular Session, February 10, 1992
front yard were going tOibe" pl!'-Otected: and:consi deration would be given
to the trees in the backyard."
Lilli Elsas, a resident 'at .2909, Bissonnet, stated she was present
at the Council meeting to support the tree people.
John Fenoglio, a r;-esident at 3017 Albans, stated his opposition to
the present tree ordinance.' He expressed concern that the tre~s were
not being protected under' the: current laws. He stated that the major
root damage to the trees ,was being done by demolition. He added that
the tree, ,being damaged was, on his ,lot but the root system extended to
ttieadjacentproperty. He 'stated he was having an urban forester,
suggest what could be done, to save the. tree 'and suggested that the
adjacent property owner be requtredto share in the expense.
Mayor Johnson expressed disappointment in some of the comments about
the City Council. He took exception to the statement tha.t the Council
was not interested in tree preservation and protection.
Charles Gillan, a resident, at 3620 Georgetown, wanted to commend the
Mayor and the City Council on the manner in which they were approaching
the compl itated subject of ,tree preservation.' He stated he considered
it to be ludicrous to live under an ordinance where he would have to
get permission from the City to have professional people take care of
his trees.
Counci lmember Kelly stated "that ;the 'perceptionQf the, Tr.e~; People
was that they were not'willing to,' negotiate, which he, felt was not
justified. ,He stated that in,his opinion the City n~eds to have some
expertise on protecting the trees and that the City's staff could not
befrained to do this. ,He ,stated that it was apparent the members of
the ChyCo'uncil were dr,j ftingapart .phi 1 osophtcally. He clarified
that ',he had not given up hope of passing an ordinance to protect all
trees.
Councilmember Jenkins stated that part of then,ew ordinance included
a criteria manual and to date he had not seen one. He added that the
Council did start drifting apart in the last meeting about 'trees. He
stated the di fference ,in opinion was oJl,xegul ating backyard trees. He
stated he felt the citizens in. this, City are, reasonable and are
interested in maintaining the value of, their property.
PUBLIC HEARING:
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A hearing was held to consider publ ic ,comments concerning the expansion
'of Liberty Hill Park, diversion ,of motor vehicle traffic, from College
to Northwestern, right-of-way deve.1opment (landscaping, and other
amenities) and associated costs.
Kenneth, Brumley, a resident at ,.3905, ,Northwestern, stated his main
concern in this area was people failing .to stop at the stop sign and
driving to' fast. He asked, the City to make College Avenue more of a
T-intersection to where people still have access to Bissonnet both east
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City Council Regular Session, February 10~ 1992
047
and west; He added this would force the traffic to stop in all three
directions thus forcing. them to slow down. ,He stated he would not be
in 'favor of redirecting traffic to his street. Mr. Brumley expressed
concern.about non-residents creating a giant bus stop out of tbe City's
greens pace in this area.
Larry Wiggin, a resident at 3813 Northwestern, disagreed' wit~ Mr.
Brumley about leaving the street: open. He stated traffic would still
be encouraged to come off Bissonnet and down College. He stated by
leaving the street open, itcoul d negate the value of the
greenspace. He stated the residents, needed free access for the
children to get into the park withbut a road going through it.
"
Nick Cocavessis, a resident at 5204 Pocahontas, Bellair~,' stated he
has owned property at 3819 Sunset since 1980. He proposed to close off
the street both at Northwestern and Bissonnet and at College and
Bissonnet which would be fair to all residents in th~ ,area. Hestated
he felt this would be the most cost effec.tive' way for this City to use
its funds rather than enhance the existing greenspace. '
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Joe Russo, a resident at 3935 Arnold, stated the police would not
have easy access to the park or be able to see from the South side. He
also expressed concern about children playing in the park and that
there was not enough light for the area.. '
Cindy Wood, a resident at 3932 Browning, expressed opposition to the
Liberty Hill Park. She encouraged the Council to block off the street
for ,a month or more, study the traffic patterns and ,give ,it, serious
consideration before taking action.
John'Drye, a resident at 3931 ,Browning; stated he 'was surprised that
the proposa 1 had gotten as far as it has. He' stated the traffi c
problem would be increased with the closing of College Avenue.
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David Carmony, a resident at 3817 Sunset, stated he supported the
Park. He stated concern about'the liability if the City developed a
park; next to a major thoroughfar:e. ,He sug~ested. an eight foot brick
fence closing off both entrances of College and Northwestern.
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Joe Cooper, a resident at 3913 Ncirthwestern, stated his concern about
the increase in traffic the closing of College would','cause.
Cindy Lumpkin', a res.ident at 3905 Browning,' opposed the :c1o~ing of
College Avenue.
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Jim Copeland, a resident at 3902 ,BroWning, stated,.he wanted to
support the Park because of the draining and the traffic problem in the
area.
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Phil Stevensen; a'resident at 3819 Arnold; stated h'is: opinion was
that regardless of ,wha,t is to be done, the park wi 11 never be a park
simply because of Bissonnet Street. He suggested putting up stop signs
and correcting the drainage problems.
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City Council Regular Sessio:n, February ,10~ 1992 '
'048'
Pam Cocave:ssis, 'arestdent' at:. 5204 Pocahontas, a homeowner at
3819 Sunset, 'stated she was not against' park' developmentbut,"against
the' existingp'lan. She suggested putting 'together a task force to
focus on solving the problem. She stated it would be negligent to drop
the process of improving this area.
Claudia Keyser, a' resident at 3829 Northwestern, stated he was
opposed to 'cl os ing Northwestern at Bi'ssonnet. ' .
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Kate Sutton, ,a resident at 3824 Northwestern, stated she ,was an
advocate in enhanCing Liberty Hi 11 Park~She stated ,this . pl.an was
first and foremost "about safety. She added, the plan called for
regrading the park so flooding would not be a problem. She encouraged
City, CounCil, to proceed with the plans.,
C.H. Holden, property owner at 3809 .::Sunset, suggested 'runni:ng College
straight into Bis'S'onriet.He stated that the people causing the traffic
problem are West Univers'ity residents~,'
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Larry Harwin, a resident at 3932 Amherst, stated he supported the
idea of extendi'ng College straight 'into Bissonnet.
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Mayor 'Johnson stated th'is was the third public hearing concerning
Liberty Hill Park. He read the motion made by Council in,the, meeting
on January 13,1992.
Counci lmemberJenkinsstated he, did not think trafftc flow was the
issue.' He felt, the: i'ssues are adding greenspace, eliminating
flooding, and promoting safety.
The Council recessed for five minutes~
BID OPENING FOR JANITORIAL SERVICE :
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Considerati'on was given to bids for:\JanitoY'ial service (Colonial Park
Recreation Center, Library, 'Police Station: an Public Works Center).
Bidders
Total
Cleaner's Cooperative,
Reliable Janitorial Service
Facility Mtce. Services I,
Floor Care Masters
Harry M. Stevens Services, Inc.
Neat & Ti dyJan itori al Services:
Qual ityJanitori a 1 , Inc.
BPA Contract Janitorial Services
Bay Area Services, Inc.
MantrOniJanitorial Services
B &E
$6,217.00/month
$3,080.00/month
$2,462.00/month,
$2, 523. OO/month
$2,144.00/month
$2,360.,00/month
$1,905.00/month
$2,470.68/month
$3,705.00/month
$2,385.00/month
, $2,995. OO/month
I:.
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City Council Regular Session, February 10, 1992
049
Motion was made by Councilmember JenkiJJs" se,conded byCo~ncilmember
Kelly, to refer the bids to staff for tabulation and recommendatipns.
vi". '.
The motion was voted on with ,the following,result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilm~mber~ Jenkins, Kelly,
and. Lang'
None
Councilmember Duke
PAYMENT OF LEGAL ,SERVICES,:
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Consideration was given' to' the payment' of $4,424.:94 to. the City
Attorney for legal services provided: during" the month of Ja~uary 1992.
Motion made by Councilmember Kelly, seconded by Councilmember
Lang, to pay $4,424.94 to the City Attorney for legal services
provided during the month of January 1992.
The motion ,was voted on with following result:
[J
.Voting Aye: Mayor 'Joh'nson,,:Councilmembers Jenkins,. Kelly,
, and, Lang . , .
Voting Nay: None
Absent: Councilmember Duke
TAX REFUND:
., .
Consideration was given to 1991 ad valorem ta~ refunds.
.
Finance and Administration Director, Chris Taylor, stated most of the
taxes were overpayments by the mortgage companies.
" ,
The City Manager reminded Council 'that tax refunds of $500 or more are
required to. be approved, by the Legislative Body.
Moti on was made : by 'Counci lm~mbe~: KeJ;ly., se~'onde'c:I, by Coundlmember
Jenkins, to refund the total payment of ad valorem tax refunds for
1991.
{" "
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The motion was voted on with the following result:
Voting Aye:
'- .~. . ..-
Mayor, Johnson,. Councilmember~> Jenkins, Kelly, "
and Lang
None,
Councilmember Duke
n
Voting Nay:
Absent:
! ",' .
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City Council Regular Session, February,10, 1992
050
FUEL STORAGE AND REMEDIATION:
Consideration was given to fuel storage tank installation,
remediation, payment of ,$97,006.02 to'Dup's, Inc. and reimbursement.
Director of Publ icWorks, 'Ed Menvi,He; stated he, ,had spoke with the
Texas Water Commission about pushing the..City' s reimbursement forward.
He added it would be 2-3 more weeks before the Texas Water Commission
would consider the City's first:reimbiJrsement.,
Councilmember Jenkins expressed opposition to making any more
payments to Dup' s , Inc. until the fuel tanki s up and ,running.
The City Council 'gave consider,ation to, the agenda item 'andagneed the
contractor had not fulfilled' his agreement~ No action was taken.
1986 BOND ISSUE PAYMENT:
\
Consideration was given to an invoice in the amount of $260,000.00
submitted by First City, Texas Tor pr'indpal due on the 1986 Bond Issue.
Motion was made by Councilmember . Kelly; seconded by Councilmember
Jenkins, to pay the amount of $260,0,00.00 to First City, Texas for
principal due on the 1986 Bond Issue.
, i.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Jenkins, Lang,
and Ke lly
None
Councilmember Duke
RESOLUTION AUTHORIZING SIGNATURES:
Consideration was given' to Resoluti'on Number' 92-01 (A resolution
relating to signatures on checks drawn on City accounts; authorizing
such signatures and authorizing, use of facsimile signatures; and
containing findings and proviscions relating ,to the subject).
Mayor Johnson presented and read the resolution to the City Council.
Motion was made by Councilmember Lang, seconded by Councilmember
- Kelly to accept Resolution NUniber 92-01 as ,written.
The motion was voted on with the following result:
. i ~
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Jenkins and
Ke 11 y
None
Councilmember Duke
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City Council Regular Session, February 10, 1992
051
"
STREET NAME .POLE ELIMINATION.;
Consideration was given to street name pole elimination and
authorization to bid.
Mr. Tanner reminded the Council that the street name signs have been
discussed several times. He stated that the poles have been duplicated
on the same corner.
Mr. Menville stated there-'were approximately two hundred individual
locations within the City that, need 'improvement. ,He stated the amount
for the improvements would be.approximately $8,100.
Mr. Tanner stated that with all the rain the City has had, the asphalt
deteriorates rapidly. He stated that' the, City would be seeing a
greater demand for repair.
Mayor Johnson asked if the City had employees who could do the work
equally as well.
Mr. Tanner repl ied that the City could not do the e,l imination of street
signs anytime soon.
Councilmember Lang suggested repairing the, signs one at a time.
She stated opposition to contracting for all the work at once.
.
Councilmember Kelly stated he djd;'not feel this was.a high priority.
Motion. 'was made by :Counci:lmember, lang, ,seconded by. Councilmember
Kelly, to not accept recommendation of staff, but to embark on an
on-going project to clean up the streets. "
The motion was voted'onwith the-following result:
, ,
, Voti ng Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers
and Kelly
None
Counci lmember 'Duke .:; ; ;,1 . .
Jenkins, Lang,
COMMUNITY BUILDING IMPROVEMENT:
Consideration was given to the improvement (grounds and parking) of the
Community Building located at 6104 Auden and authorization to bid.
Mr. Menville recommended repair .of 'jsidewalks and stone work for the
retaining wall and a public parking area.
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Jerry Burns stated most of the Community ,Building improvement would be
landscaping.
7
City Council Regular Session, February 10~: 1992 "
052'
Councilmember ,Lang inquired about the handicapped access. She
stated that' she had not had enough time to give quality: consideration
to thi s proposal.
Motion was made by Councilmember Kelly, seconded by Councilmember
Jenkins, to authorize City staff to prepare plans and specifications
for bid~ . I
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmerhbers Kelly 'and Jenkins
Councilmember Lang
Councilmember Duke.
TELEPHONE SYSTEM IMPROVEMENT::
Consi~eration was given to the telephone system improvement and
authorization to bid.
Police Chief, Steve Griffith stated the proposal was designed to' allow
the major vendors to participate and approach the problems' with new
phone systems with different aspects. He stated it was designed to
allow each department' to setup their individual phone structure to
allowvoice,mail where. it ,is appropriate.
Mr. Tanner stated the proposal did not include replacement of the
telephones in the Police Department.
Motion '. was made by Counci'lmembe,r Kelly" seconded by Counci lmember
Jenkins to authori zethe City, staff to prepare the docume.nts and
advertise for bid.
The motion was voted on w.ith, the following result:.
Voting Aye: ,Mayor: Johnson, Councilmembers Jenkins, Lang and
Kelly
Voting No: None
Absent: Councilmember Duke
ORDINANCE CALLING CITY ELECTION FOR MAY' 2. 1992:
Consideration was given to the first and final reading' of Ordinance
Number 1416. Mayor Johnson read the, capti on, as fo 11 ow.s:
ORDINANCE 1416
AN ORDINANCE FINDING AND DETERMINING THAT A VACANCY HAS OCCURRED IN THE
OFFICE OF COUNCIL MEMBER JIM JENKINS OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS; ORDERING A SPECIAL ELECTION FOR THE SECOND (2ND) DAY OF
MAY, 1992, TO BE HELD TO FILL SUCH VACANCY; MAKING PROVISIONS FOR THE
CONDUCT OF SUCH ELECTIONS; AND CONTAINING FINDINGS AND OTHER PROVISIONS
RELATING TO THE SUBJECT.
A
City Council Regular Session, February 10, 1992
053
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Copies of Ordinance Number 1416, in the form required for adoption,
were available to all members of the City Council. .
Motion was made by Councilmember Kelly, seconded by Councilmember
Lang, to adopt Ordinance Number 1416 subject to the letter of
resignation from Councilmember Jenkins being on file in the City
Secretary's office by Friday, February 14, 1992.
The motion was voted on with the following result:
Voting Aye:
Voting No:
Absent:
Mayor Johnson, Councilmember Lang, Kelly and
Jenkins
None
Councilmember Duke
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the meetings of January 21,
23, 27 and 30, 1992.
Motion was made by Counci lmember Jenkins, seconded by Counci lmember
Kelly to accept the minutes as written.
The motion was voted on with the following result:
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Voting Aye:
Voting No:
Absent:
Mayor Johnson, Councilmembers Lang, Kelly and
Jenkins
None
Councilmember Duke
With no further business to address a motion was made by
Councilmember Jenkins, seconded by Councilmember Kelly to adjourn.
The meeting was adjourned at 11:00 P.M.
~~#-iff~
t F. Johns n
Mayor
Kaylynn Holloway
City Secretary
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054
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CITY COUNCIL SPECIAL SESSION
MONDAY, FEBRUARY 24, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
********************
The City Council convened in Special Session in the Municipal Building
(3800 University Boulevard) on February 24, 1992. Mayor Whitt F.
Johnson, Councilmembers Jim Jenkins and Janice Lang were present.
City Attorney Jim Dougherty, City Manager Mike Tanner, Public Works
Director Ed Menville, Diefer Ufer of Langford Engineering and City
Secretary Kaylynn Holloway were also present.
Councilmembers Bob Kelly and Cullen Duke were absent.
MATTERS RELATED TO PENDING LITIGATION: The City Council convened in
Executive Session at 6:35 P.M. to consider matters related to pending
litigation and the selection of legal co-counsel of George M.
Construction Co. v. City of West University Place.
The City Council adjourned the Executive Session at 7:08 P.M. and
convened in open session. Mayor Johnson requested a motion.
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Motion by Councilmember Jenkins, seconded by Councilmember Lang, that
the City Manager is authorized to issue an engagement letter to Olson &
Olson for services as litigation counsel, in cooperation with the City
Attorney, in connection with the lawsuit filed by George M.
Construction, Inc. and any related proceedings, provided that the
engagement be limited to the sum of $5,000 unless increased with the
approval of the City Council.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang and
Jenkins
None
Cullen Duke and Bob Kelly
Motion was made by Councilmember Lang, seconded by Councilmember
Jenkins to authorize the City Manager to make final payment to George
M. Construction Co. exactly as the contract requires as shown in the
document distributed to the City Council.
The motion was voted on with the following result:
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Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang and Jenkins
None
Cullen Duke and Bob Kelly
Special City Council Session, February 24, 1992 056
Motion was made byCouncilmember Jenkins, seconded by Councilmember r-
Lang that the SpeciarSession iadj'ourn. . Such motion carried and the L1
meeting adjourned at 7:11 P.M.
Kqylynn Holloway
City Secretary
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057
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CITY COUNCIL REGULAR SESSION
MONDAY, FEBRUARY 24, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
****************************************
The City Council convened in regular session in the Municipal Building
(3800 University Boulevard) on February 24, 1992. Mayor Johnson,
Councilmembers Jim Jenkins and Janice Lang were present. City Manager
Mike Tanner, City Attorney Jim Dougherty, Public Works Director Ed
Menville, Deputy DirectorPublic:Works/General Services Jerry Burns,
Police Chief Steve Griffith,: Finance Director Chris Taylor; Building
Official Ed Beasley, Dieter Ufer of Langford Engineering and City
Secretary Kaylynn Holloway were also present. Mayor Johnson delivered
the invocation and Councilmember Jim Jenkins led the Pledge of
Allegiance.
Bob Kelly and Cullen Duke were absent.
HEARING OF RESIDENTS:
o
Mayor Johnson invited residents to speak who had matters they wished to
bring,te the attention of the City Council.
Rick Shallenberger, 3804 Rice, complained about the problems with his
sewer. He asked the City Council to stay on top of the situation and
see that the proper action was taken to remedy the situation, not just
diagnosed. He stated his family was very much affected by the lack of
action.
Mayor Johnson stated the City would investigate his problem. He stated
that City staff would run a video camera through the lines to determine
the problem~' --' n .
Bill Macha, 4140 Case, complained about-, th.e curbin_g 'of dogs in West
University. He stated that the owners of the dogs are allowing their
dogs to use the parks 'for their.droppings. "',' "_
n
'PoHce Chief,' SteVe Griffith, stated' the, C:i,ty has ,an, ordinance';:'
prohibiting dogs in the parks.': .,.. '"
Gouncilmember Lang suggested putting a reminder in the City Cu.rrents
aboul"the dog ordinance.: " ,(,
Rod Sands, 4251 Emory, discussed the flooding in the College Court
area. Mr. Sands presented photographs showing the amount of water
standing in the streets. He stated that Emory Street took longer to
drain than any other street in the City.
Director of Public Works, Ed Menville, stated the lines beginning at
Academy and Bissonnet were going to be videotaped to determine if there
is a blockage.
Mayor Johnson explained that there may not be a short term solution.
City Council Regular Session, February 24, 1992
058
Mr. Sands stated that one small solution could be to clean out th~
ditches.
r-
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Consulting City Engineer, Dieter Ufer', stated that when Emory Street
was designed, the streets were graded and lowered to keep the water out
of the houses which created a bowl effect for the water.
Duke ,Landry; 3756 Rice, stated that ci"tiesqthat had their storm sewers
8 to 10 'feet below, sea level have no problem with drainage. "He
suggested using sunk pumps to boast: the water out.
Rick Ham, 4247 Emory, stated that the residents of the 4200 block of
Emory 'are living with a"swimming'pool in the streets. He 'presented
Council with ,additional photographsof,the flooding.
Elizabeth Evans, 4259 Emory, stated she, was-at the Council meeting\to
discuss the flooding on Emory. She stated the streets look like rapids.
, . i
Professor Spanos, 2815 Carnegie, complained about Whitt Johnson Park~
He asked the Council to remove the backboard which was causing acousti~
problems because of children kicking balls against it.
Councilmember Jenkins suggested'the'City needed to repair the water
fountain, remove the backboard and the sandbox, paint the lights and
repair the fence.
City Manager, Mike Tanner, proposed 30 days to have these items
completed.
BID OPENING FOR FUEL:
Mr. Tanner stated that there were no bids. He stated that the City
notified prospective bidders and published the proposal in the
newspaper to generate interest.'
Deputy Director of PublicWorks/GeneralServices, Jerry Burns, stated
that the City did not have enough fuel volume. He stated he contacted
Sources whi ch told him they di d nat want to purchase a $1000 bi d bond
and provide the insurance to cover everything.
Mr. Tanner suggested changing the bid specification to eliminate the
bond and in the meantime, look at the purchase of smaller quantities.
Mayor: Johnson asked the CityCounci.lifthey were in agre,ement to rebid
for the purchase of fueL.
PARK DESIGN:
JMH Park Design and the engagement of a Landscape Architect:
The City Council decided to table the discussion for a later meeting.
2
City Council ReQular Session, February 24, 1992
059
B"'"
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PARK FEST:
C6nsideration ~as given to the'1992 Park Fest scheduled to be held'
Apri 1 25, 1992. "
Mr. Tanner stated the Parks and Recr.eation Board had asked for help
from the City staff. Headdeq that the'Parks BQard w6Liid pay 'the
overtime for. the'City workers who 'were asked'to help at the Park Fest.
PLAYGROUND LEASE:
Consideration was given to the lease of the West University Elementary
School playground from the Houston Independent School District.
Motion ,was made by Councilmember Lang and seconded by Councilmember
Jenkins to approve the lease as written.
The'motion was voted on with~the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang and Jenkins
None
Councilmembers Duke and Kelly
SCOUT HOUSE CONSTRUCTION:
o
Consideration was given to the plans for the construction of a new
Scout House~
John Stone, architect, presented plans to the City Cpuncil. The
Council determined they needed additional information about the plans.
The City Council requested Mr. Stone to furnish information on the
foundation, mechanical, electrical, heating and air conditioning.
Mr. Stone suggested that Mr. Menville review the plans before
submitting the specifications for bids.
PURCHASE OF PROPERTY:
Consideratio~ was given to the purchase of property located at 4102
Byron for $140,000 fortheColon:faiipark expansion.
Mayor Johnson presented and read the following resolution: '
RESOLUTION NUMBER 92-03
n
A RESOLUTION APPROPRIATING MONEY AND APPROVING AND AUTHORIZING'
NEGOTIATION OFA CON~RACT TO PURCHASE A PROPERTY KNOWN AS 4102 BYRON
STREET; AND CONTAINING ,fINDINGS. AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council has heretofore determined that
additional real property is needed in' conjunction with municipal
operations; and
3
City Council Regular Session, February 24, .1992
WHEREAS, the City Council has heretofore authorized the
negotiation of an Earnest Money Contract for the acquisition of the Lot
Thirteen (13), Block Twenty":seven ,(27) ,0LColonjal Terrace, Section C,
in the City of West University Place, in Harris County, Texas,
according to the map records of said County (also known as 4102 Byron),
and the'City Council hereby finds and. determines that there is a need
to make a publiC expenditure for the purchase of such property, and
that such expenditure is for a muniCipal purpose as authorized by state
law; NOW, THEREFORE:
..
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
'.... ,
Section 1. That the sum of $140,000.00 is hereby appropriated
from the Genera 1 Fund for payment of the purchase pri ce and, other
acquisition costs of Lot 13, Block 27, Colonia.l Terrac~, Section ,C, and
the Earnest Money Contract for such property is hereby approved and
authorized in substantially the form attached to this' resolution.
Section 2., That Whitt-f. Johnson, Mayor of the City of West
University Place, Texas be, and he is hereby authorized to negotiate
and execute an earnest.money contract for said'purchaseand, further,
that the Mayor or Mayor Pro Tem (or his designee) is hereby
authorized to execute all additional documents to conclude the purchase
and sale. '.
Signed:
ATTEST:
Approved as to Form:
Kaylynn Holloway
city Secretary
'Jaine's L. Dougherty, Jr.
City Attorney
(SEAL)
4
060
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City Council Regular Session, February 24, 1992
061
S""
"'...'
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Motion was made by Councilmember Jenkins and seconded byCouncilmember
Lang to adopt Resolution No. 92-03.
, \, .
The motion was voted on with the fQllowing result:
Voting ,Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Jenkins and Lang
None
Councilmembers Kelly and Duke
TAX REFUND:
Consideration was given to the, 1991 ad valorem t~x refunds that total
$4,838.44.
Director of Flnance and Administration, Chris Taylor stat~d that the
majority of the refunds were duplicated payments.
Motion was made by Councilmember Lang and seconded by Councilmember
Jenkins to pay the ad valorem tax refunds.
The motion was voted on with the following result:
o
Voting Aye:
, Votin~ Nay:
, Absent.:
Mayor Johnson, Councilmembers Lang and Jenkins
None ) " " "
Councilmembers Ke:l1y .and Duke
PAYMENT, OF ENGINEERING SER'IICES:". ':,
. - '. . .
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Consideration was given to bids re~e;.ved~Febr:uary 10, 1.992 for
janitorials.ervices (Colonia.l Park, .Library, Police Station and Public
Works',' C-enter},'" " ,
Mr. Menville recommended the Council accept the low bid from Quality
Janitorial Service for $1,905.00 per month.
-. ' . . . .
Motion was made by Councilmember Jenkins and seconded by Councilmember
Lang to accept Staff's recommendation to' contract Quality Janitorial
Serv:i ceo. ' 'I ): ,,': , " , 1.! ". (: 1
The motion was voted oil with the following ,result:
Voting Aye:
Voting Nay:
Absent:
,
Mayor Johnson; Councilmemb'ers Jenkins and Lang
None
Councilmembers Kelly and Duke
n
PAYMENT FOR. ,WAKE FOREST GROUND, STORAGE TANK CONSTRUCTION:
Consideration was given to the payment of Estimate No. 3 in the amount
of $30,469:.72 .for work :perfo'rmed (month of January 1992) in'
5
City Council Regular Session, February 24, 1992
OB2
construction of two ground storage tanks by Nunn Constructors and a
tirne'extension.
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Mr. Menville suggested Council allow a time extension to Nunn
Constructors because:iof the rai'n. ., ..
Mayor Johns6nasked'Mr~Mer'Jvine if'hehad'personally inspected the
work.
Motion was made by Councilmember Lang and seconded by Councilmember
Jenkins to pay Estimate No. 3 in the amount of $30,469,72 to Nunn
Constructors.
The motion was voted ohwith the following result:
Voting Aye:
Vat; h~r Nay:
Absent:
Mayor Johnson, Councilmembers Lang and Jenkins
:None
Councilmembers Kelly and Duke
FUEL STORAGE AND REMEDIATION:
Consideration was given' to' fuel storage tank installation,
remediation and payment of $134,670.43 to Dup's Inc. and reimbursement
:'J
Mr. Menville provided update information regarding the fuel storage
tank. He stated that there was some construction work around the site
that needed to be done and was being delayed by the weather. He
summarized the major items still remaining to be: to complete the
installation of all the concrete wor,k,,;doingnecessary repairs to the
old asphalt surface and tying that in with the new concrete, complete
the instal1'ation of'the,new;fence a long, MiJton Street,': installation of
the cbmputer, system usedt'o monitbr, and control fuel usage and the
associated appropriate training and to complete any. remedtationwork
related to the old water well.
Mayor Johnson asked if the reimbursable items had been filed with the
Texas Water Commission.
Jerry Burns, Deputy Director of Public Works/General Services stated
that the three sets of invoices that the City had paid Dup's, Inc.
had been filed with the TWC. He added that he could not file the
remaining reimbursable items' until the City had in fact paid Dup's,
Inc. and the City received the cleared 'checks. Mr. Burns stated that
theTWChad~n 8 month backlo~of reimbursable funds.
Councilmember Jenkins' questioned the payment of invoices that were
five months old.
Mr. Burns stated' that sollie of the .,invoices were in dispute and the City
had reques~ed backup information.
Councilmember Lang asked Mr. Dupriest how many dry days were
needed for his Company to complete the project.
f\
City Council Regular Session, February 24, 1992
063,
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Curtis Dupriest, Dup's, Inc., remarked that they only needed two
good days to complete the project.
Mayor Johnson stated he was more concerned with the quality of the work
than with the speed of completion:
Councilmember Jenkins stated that he could not follow the chronology
of ,events presented by Mr. ,Dupriest. He recommended that Mr. Taylor
take the original contract arid matdlit up with every document that
goes with that contract and each change order and review them for
distribution to the City's accountants.
~J
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Councilmember Jenkins directed the City Secretary to include 'the
following statements concerning Mr. Dupriest in the minutes verbatim.
Councilmember Jenkins stated that the following remarks were made to
his secretary by Mr. Dupriest. Mr. Jenkins' secretary wrote the
following memo outlining 'the events that took place:
Dated Thursday, February 20, 1992. Mr. Dupriest arrived at my office
asking to see Mr. Jenkins. He was asked if he had an appointment and
he responded~ "No". Upon enterin~ the office Mr. Dupriest was asking
personal questions concerning,M~. Jenkins:
1. Why is Mr. Jenkins moving?
2. What time did Mr. Jenkins arrive at work?
3. What time did Mr. Jenkins leave work?
4. Does Mr~ Jenkins come to work everyday?
5. Is Mr. Jenkins planning on commuting alone once he moves?
: -1
Mr. Dupriest also asked questions regarding Mr. Jenkins' business:
1. What type of business does he have?
2.' Do we have other 'locations or-bus'inesses'? :-
Mr. Dupriest began writing down information off of the advertisement
displayed i~ the lobby of our offices.
1 .. '.
Mr. Jenkins met with Mr. Dupriest for 'app:rox'imately 3 ;to 5 minutes'~
After the meeting ended, I was alarmed at the threats Mr. Dupriest
made in reference to Mr. Jenkins. '
1. He said "What goes around comes around.", ,
,2. He would contact our customers and tell them what a croDked, man Mr.
Jenkins is and that he was known to be dishonest.
3. He would "get" Mr. Jenkins because no one ever talks to him like
that, referring. to Mr-.dJenkins telling .hiim (wrrich Loverhe:ard):.that he
should be honest about:ihis finish _date: and,to :expect payment upon
finishing the job.
. ~ I , I
I then asked Mr. Dupriest to please ,le~ve, he would not before .
saying, Mr. Je'nkins cou~}d u:Kiss off"',ever running ,fo.r' office any.where.
. .
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Mr. Dupriest then made a last statement, as I was having to walk him
out, "That he would get even. 'I. , ,. _,
After leaving the building Mr. Dupriest was shouting remarks ,I could
not hear clearly."
7
City Council Regular Session, February 24, 1992
Councilmember Jenkins :directed ,Mr. iDupriest to'tell theGity
Council what he meant by these remarks.
Mr. Dupriest stated that the purpose of his personal questions were
mere curiosity. He stated that the questions were just idle
conversation.
Mr. Dupriest added that he was havi,ng:difficulty getting Mr. Jenkins
On ,the telephone and he thought. if he knew ~r.Jenkins' schedule, he
could co~e at a more convenient,time~~
Mr. Dupriest stated that he was inquiring as to the type of business
that Mr.' Jenkins was involved ih because he-was not familiar with Mr.
Jenkins' company.'" "'"
Mr. Dupriest statedthat'he:did indeed meet with Mr. Jenkins for
approximately three to five. minutes. Mr. Dupriest stated that Mr.
Jenkins told him that he was very unprofessional for coming unannounced
and that he did not have time ,to talk with him.
Mr. Dupriest stated that he asked Mr~ Jenkins' secretary for a
business card. He stated that he then asked'Mr. Jenkins" secretary if
he could write the information off of one' Mr. Jenkins' advertising
literatures.
Mr. Dupriest stated that'i;ls:he :left,',Mr. Jenkins came outside and
asked him if he was making threat~. Mr. Dupriestacknowledged that he
told Mr. Jenkins he had nothing to say and would respond in writing.
Mr. Dupriest stated that he deniedsaying'the other comments.
added that he did not know why this whole situation happened.
Dupriest stated he only came to Mr. Jenkins' office to try to
a-.badsituation and answer questions."
He
Mr.
resolve
Councilmember Jenkins asked Mr. Dupriest if he could make sure
there were no more incidences.
Mr. Dupriest apologized for the problem and stated he was only trying
to keep the Council informed and that Hwas not,his intention to cause
problems. '
Councilmember Jenkins stated that the City sp.ent a lot of money with
Mr. Dupriest. He added that Mr. Dupriest could have walked away
from the project at anytime if he was not making money.
Mayor Johnson stated that the City Council has had a confrontation
every time an invoice from Dup's Inc. was presented for payment. He
stated that Mr. Dupriest was out of order when he attempted to have
Council call a special meeting to discuss his payment.
Councilmember Jenkins stated that the City was told the job was
reimbursable; however, as of that date, the City had not received any
'money. :
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City Council Regular Session"February 24, 1992
065
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Mayor Johnson asked the City Manager if applying for. reimbursement was
Mr. Dupriest's responsibility or should the City lay blame on the
Texas Water Commission.
Mr. Tanner responded that the reimbursement had nothing to do with
Dup's, Inc. at this point i.n time.
,,", , . '\ I
Councilmember Lang stated that it was very frustrating to contract
fora $81,000 project, end.,up spendi'1g $250,000 and have the project
remain incomplete.
Mayor Johnson suggested paying, Dup's, Inc. a percentage of the
requested amount.
Motion was made by Councilmember Lang, seconded by Councilmember
Jenkins to make payment in the amount of $60,000 to Dup's, Inc.
The motion was voted on with the following result:
Voting Aye:
Voting No: .
. Absent:' .
Mayor Johnson, Councilmember Lang and Jenkins
None
Councilmembers Duke and Kelly
o
BUDGET AMENDMENT:
Consideration was given to, the first: anci final reading of Ordinance
Nu~ber'1417,: . Mayo,r Johnson read, the caption:, as follows:
'ORDINANCE 1417
AN ORDINANCE~; AMENDlNG ORDINANCB.~ NUMBER' 1412 ,WHICH: APP-ROVED THE BUDGET
OF THE CITY. OF WEST :UNIVERSITY PLACE, TEXAS FOR THE ,FISCAL YEAR .
BEGINNING JANUARY 1, 1992, AND ADOPTED ON NOVEMBER 25, 1991; CONTAINING
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT: AND DECLARING AN
EMERGENCY.. " ~ L, ~,:: n i::; C!J, :' '[
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Copies of Ordinance Number 1417 , in the form requir,ed for adoption,
were avai 1 able to;~an, members .0 f. the, City Counci 1.
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Motion wa's made by Councilmember Lang, seconded. by Council-member
Jenkins to adopt Ordinance Number 1417 as written.
The motion was voted on with the following result:
Voting Aye:
'Voting Nay:
. Absent:
Mayor Johnson, Councilmembers Lang and Jenkirs
None'
Counci 1 membersDu ke and Kelly
. ,
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APPOINTMENT OF DEPUTY MUNICIPAL COURT CLERKS::
Consideration was given to Resolution Number 92-02 appointing Deputy
Muni:<::ipal Court 'Clerks for .the:purpose of s'igni;n:g complaints.1
9
City Council Regular Session, February 24, '1.992
Mayor Jdhtison'presented land read the resolution as follows:
RESOLUTION NUMBER 92~02
: "WHEREAS', 'it has 'been, determined .that it:will be advantageous to
d~signate qualified employees as Deputy Municipal Court Clerks for the
purpose of signing~omplaints; and
:WHEREAS,the foHowing"employees are'quaJified to.assume the:
duties of Deputy Municipal Court Clerks for this purpose:
BeverlyAppman~ jDi spatch'Persor:me 1
Michelle Allen, Dispatch Personnel,
Mark Bumbera, Dispatch Personnel
Silvia Biagiotti," Dispatch Personnel
NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
, ,
Section 1. That City Council hereby names and appoints Beverly
Appman, Michelle Allen, Mark Bumbera, and Silvia Biagiotti as
Deputy Municipal Court Clerks of the City of West University Place for
the purpose of signing complaints.
Section 2. That the a:ppointments of Beverly Appman, Michelle
Allen, Mark Bumbera, and Silvia Biagiotti ,as:DeputyMunicipal
Court Clerks shall become effective immediately from and after the
passage and approval of this Resolution.
,,;, Section 5.' Allreso'lwt;'(i)r1sand: pa:rts of resdlutioilsinconflict
tierewfth .ii!re hereby repealed' to the exterif,6fithe Conflict only. "
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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'ofoconipetentjurisdiction, 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 sufficientwrittennotfCe'of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted: upon :was givenin.theqmanner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has., been ;opeti :to"the publ icas,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 the:reof. '
PASSED, AND. APPROVED thi s ,24th day of Februa.ry , .1992.
10
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City Council Regular Session, February 24, 1992
067
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Voting Aye: .
Voting No:
Absent:
Signed:
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Whitt. F. Johnson, Mayor
ATTEST:
Approved as to Form:
Kaylynn Ho II oway
City Secretary'
James L. Dougherty, Jr.
City Attorney
(SEAL)
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Motion was made by Councilmember Lang, seconded by Councilmember
Jenkins tb' adopt Resolution 92,:",02; "
The motion was .voted on with the fol~owing result:
. . ,j-
Voting Aye: Mayor Johnson, Councilmember Lang and Jenkins
Voting. Nay: ,None"
Absent: Councilmembers Duke-and Kelly
ORDINANCE CALLING CITY ELECTION:
Consideration was given to the first and final reading of Ordin9nce
Number 1418.. Mayor Johnson read the caption, as follows:
n
'. ORDINANCE 1418
AN ORDINANCE FINDING AND DETERMINING THAT A VACANCY HAS OCCURRED IN THE
OFFICE OF COUNCIL MEMBER JIM JENKINS OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS; ORDERING A SPECIAL ELECTION FOR THE SECOND (2ND) DAY OF
MAY, 1992, TO BE HELD TO FILL SUCH VACANCY; MAKING PROVISIONS FOR THE
CONOUCT OF SUCH ELECTION; SUPERSEDING AND AMENDING ORDINANCE NUMBER
1416 ADOPTED FEBRUARY 10, 1992; CONTAINING OTHER PROVISIONS RELATING TO
THE SUBJECT; AND DECLARING AN EMERGENCY-
Copies of Ordinance Number 1418, in the form required for adoption,
were available to all members of the City touncil.
11
, City Council Regular Session, February 24~ 1992
068
Motion was made by Councilmember Jenkins, seconded by Councilmember
Lang to adopt Ordinance Number 1418 as written.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
L
Mayor Johnson, Councilmembers Lang and Jenkins
None
Councilmembers Duke and Kelly
Councilmember Lang made the motion,to accept Councilmember
Jenkins' resignation as'stateddn h:ls letter, effective February 29,
1992. The motion was seconded by Councilmember Jenkins.
The motion was voted on with the following result:
Voting Aye:
V"oting Nay:
'Absent:
Mayor Johnson, Councilmembers Lang and Jenkins
None
Councilmembers Duke and Kelly
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the meetings of February 5
and February 10, 1992.
Motion was made by Councilmember Lang, s,econded, by Counci 1 member.
Jenkins to accept the minutes as written.
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The motion was voted on with the following result:
, ;}:.
Voting Aye:
Voting Nay:
Absent:
'ADJ OURNMENT:
Mayor Johnson, Councilmembers Lang and Jenkins
'None:
Councilmembers Duke and Kelly
With no further business to address, a motion was made by
Councilmember Jenkins, seconded!,by;Councilmember Lang to adjourn.
The~eeti.ng adjourned"at 1O~35 p.rn" '
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hl tt F. John -----
Mayor ' " ,
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, MARCH 2, 1992
MUNICIPAL .BUILDING
3800 UNIVERSITY BLVD.
7 : 00 P .-M .
*******************************
The City Council convened in workshop seSsion in the Municipal Building
(3800 University Boulevard), on March 2, 1992. Mayor Whitt F. Johnson,
Councilmembers Jim Jenkins and Janice Lang were present. City
Manager Mike Tanner, Public Works Director. Ed Menville, Finance
Director Chris Taylor, City Attorney Jim Dougherty, City Secretary
Kaylynn Holloway and Building Official Ed Beasley were also present.
Councilmember Bob Kelly was absent.
DISCUSS TREE PRESERVATION ORDINANCE:
A discussion was held to consider ehanges, to the Tree Preservation
Ordinance.
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Mayor Johnson invited the, City Attorney, Jim Dougherty to proceed.
Mr. Dougherty suggested giving a brief summary of the high points of
the current draft of the tree ordinance,.
Mr. Dougherty stated that regarding the restriction on cutting down
trees in the front and side areas, the size of the:tree protected
decreased. He stated that the size protected was a tree with a trunk
circumference of 19'''' Mr., (;)ougherty stated that the ordinance now
protects all species. He stated that it was now defined as any large
tree in the front and side areas. He stated the basic protection was
the requi rement of a perml't. to be abl e' to cut down; ''damage. or des troy
the tree. '
n
Mr. Dougherty stated that the, current:draft of the tree,; ordinance
reflected all the existing tree ordinances. pulled together. IHestated
that the restriction on cut downs, the required temporary fencing and a
general restriction on the viSibility triangle were the three areas
which were combi,ne'd.' He stated:,that .a fourth: area, which :wasa source
of tree regulation, was the zoning ordinance itself. Mr. Dougherty
stated ,that .he' judged not to pull the zoning ordinance into the draft
tree ordinance because in the current zoning ordinance the rules differ
depending on which district was involved. He stated that in the single
family district, the basic rule was one tree in front. In a townhouse
or commercial district', the; rule 'was ,one tree :per500 square. feet of
pervious area.
Mr. Dougherty 'stated that he defi:ned a qualified !tree as a tree' that
was the minimum size per replacenient tree which was a 4 inch diameter
tree. He stated that the zoning ordinance and the tree ordinance are
now uniform in their .requirement. " ' , .
Minutes of City'Coundl Meeting, March 2, 1992 070
Mr. Dougherty statedtheareareqYiri,ng'availability of information was Lr-.",,'""..'..
now broadened. He stated that,t,he regulations and the conditions at , .
the end of the ordinance were kept intact except where it refers to
qualified trees which was changed to 19rge trees.
Mr. Dougherty recommended, ,that if ,the draft ordinance was adopted, to
systematically delete the information that was being pulled together.
Mayor Johnson asked Mr. Dougherty jfthere ,wa,s apena lty in the
ordinancethat'he proposed. '
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Mr. Dougherty responded tha,t the ordifJanq~ did not contain a penalty
but the general code provision on,pena,ltieswa~ not propo~ed to be
changed. He stated that he beljeved .it contained the state maximum.
He stated that the general penaltyfQt vJolatinganything in the ,code
of ordinances, unless stated otherwise, was controlled by the section
on general pro~isions in the code of otdinan~es.
MikEL Tanner, City Manager,: sta.teci the:J.",dge could award adjudication
depending on the violation.
L indaDay of the Tree People state,d that Urban Forester, Jim Rhoades,
suggested that replacing trees was better than a monetary fine.
Mr. Dougherty stated ln a situati~n'where' a tree was
permit because of disease or emergency than a permlt
be issued. within' 5, days and With:, a)l:requirements in
City .could enforce repl acement of. :that tree.
Ms. Day stated that a site'pla,nshould be,S'ubmjtted before any
demolition had begun.
" ,
c~t down without a
application could
comp.]i an,ce, the
, ..
Mayo;r Johnson 'stated that a site plan would have to be done at the time
the application for demolition of the structure was made.
Steve ,Anderson of the Tree, People, stated: that it would be beneficial to
show the trees' on the's itep 1 an,prj o~r to demo 1 iti on ~ He added that the
pr~servation programshoul d startprj(:)rt9, demo 1 iti on.
Councilmember Lang inquired as to' the cost' of a site pla.n.
I
Mr. Anderson stated a survey wou,ldcost approximately $159 d~pending on
the number of trees on the lot.
Mayor' Johnson statedthat,asurvey ona 50'x 100' lot costs around
,$400, so the survey !=ost ,of,thetreeswould be ,in additi.on to this.
Councilmember Jenkins stated that if a tree was located where the
house foundation was going. to be, than the tree had to be removed. He
'asked if those trees. would need to be -replaced.
, '
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Councilmember Cullen Duke arrived at 7:40 p~m.
Minutes of City Council Meeting, March 2, 1992
071
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Counctlmember Lang suggested that once'you have the site plan for
the demolition and the house, plans were filed thentbat mIght be a
reasonable time to get the forester report.
Councilmember Lang suggested having a designated forester or a list
of forester~ to employ for contract.
Mayor Johnson stated that the "time delay" was going to be expensive.
He stated the turn around time was imposing' a"hardship on ,the builder
and the person who was selling the house.
Mr. Anderson stated that probably'half,the trees that are destroyed are
the result of demolition. He added that the site plan could eliminate
this.
Ms. Day"suggested that if the City had documented procedures on the
processing time then this might help to resolve anxiety by the people
involved~ "
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Susan Kasper of the Tree People stated that the site plan was
essential to the protection of the trees.
Ms. Day stated the critical root zone needed to be included in the site
plan.
Mr. Dougherty stated thatthe'critical root zone was defined as half
the area from the trunk radius equal to half the average distance.from
the trunk to the dripline. ~J" "
Ms. Kasper stated that it was essential that the site plan show where
the trees are and then should be approved by an urban forester stating
exact ly what needs to be done'to protect the~: trees::: -duri~ng demo 1 i ti on
and construction. She added that the urban forester had to be involved
before the demolition had begLin~"
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Mr. Anderson suggested that the construction site would need monitoring
while'the different processes were going on to insure that the trees
were being'adequately protected. . I
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Mayor Johnson inquired as to the cost of a tree preservation program.
Mr. Anderson stated that a'treepreservation program, when there are a
couple of trees in the front yard, the fee was approximate.1y'$2500,
depending on how much concrete was used and what was involved during
construction. -
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Mayor Johnson stated that he did not .know >if 'he ~could, support a site
preparation plan. He stated that this was an imposition to the
property owners and would increase the cost of building the hous,e.
Ms. Day stated that it would be much more expensive later to replace a
50 year 0,1 d tree that was destroyed durin'g constructi on of the: home and
'now had to be cut ,dow,n 'and' replaced.' .'"
3
Minutes of City Council Meeting, March.2, 1992
072,
Councilmember'Lang stated that she felt$250p was excessive for an
urban forester.
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Ms. Kasper stated that residents have paid as much as $30,000 more
fora lot to have trees.
. , } . '"
Councilmember Lang stated that she was in favor of protecting
specific trees but the ,City can not, afford to spend a couple..of
thousand dollars on every. lot,in West University Place.
~: I .; i '/
Mayor Johnson stated the charge was a pass through charge from the
bu i 1 del" to the owner or to the, potenti al buyer,. .
" . .
Ms. Kasper stated that she did not understand why the cost of
building and keeping the trees in West University could not represent
pa rt . of. the va 1 ue that" the" r.esi dents"were getting in thei.r:: homes. .
, .
Counc i 1 member Lang s ta ted that the bu il der w,ho had to pay" $2500 to'
protect the trees in his house would possibly scrimp somewhere else in
, . the building of that home ,in order to make his profit.. '
Councilmember Jenkins stated that the property owner should make the
decision.
Mr. Tanner suggested that the City could require the owner or home
bu i 1 der, to present, as part of, the genera 1 revi ew process, a plan for
tree preservation which would have to be implemented and enforced'by
both sides during construction.
Councilmember Lang stated she, wanted the City to be able to shut
down a job that was damaging trees. She stated she wanted the City to
maintain the present quality of living.
[
,11
Mr. Dougherty stated that in the draft ordinance the replacement of
trees was one for one.
Ms. Day suggested the replacem~nt of trees sho~ld:be on a sliding
scale. She added that if the tree was really valuable then the
replacement should be two for one.
, ,
Mr. Dougherty discussed the requirement of fencing trees for protection
of the trees and the minimum' safety requir~ment of the visibility
triangle.
Mayor Johnson asked the members of the Tree People if they were in
agreement with everything in the ordinance except the urban forester
and the site plan development.
Ms. 'Day 'stated they were not in agreement with the fencing
requirement. She added that the fence did not give adequate protection.
Mr. Anderson stated that the most crJtical root zon,e was underneath the
dripline. He stated the feeder roots ,wer,emore .critical toward the
branch tips than closer into the tree.
4
Minutes of City Council Meeting, March 2, 1992
073
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Counci'lmember Lang stated that she felt $2500 was excessive for an
urban forester.
.' , .
Ms. Kasper stated that residents have paid as, much as $30,000 more
for a lot to have trees.
Councilmember Lang stated that,she was in, favor of protecting
specific trees but the City','cannot afford to spend a couple of
thousand dollars on every lot in West University Place.
Mayor'Johnson stated the charge was a ,pass through charge-from the
builder to the owner or to the potential buyer.
Ms. Kasper stated that she did not understand why the cost of
building and keeping the trees in West' University could,:notrepresent
part of the value that.the residents were getting in their homes.
Councilmember Lang stated that the builder who had to pay $2500 to
protect the trees in his housewould,possibly scrimp somewhere else in
the building of that home in order to make his profit.
Councilmember Jenkins stated that the property owner should make the
decision.
l
Mr. Tanner suggested that the City could require the owner or home
builder to present, as part of the general review process, a plan for
tree preservation which would have to be implemented and enforced by
bothside's;durin-g' constructi.on..
Councilmember Lang stated she wanted the City to be able to shut
down: a Job 'that wa:s 'damagjng''trees'~, She stated, she wanted. the ,City to
maintain the present quality of living.
Mr. Dougherty stated t,hat'Jnj the draft ordi,nance the replacement of
trees was one for one.
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Ms. Day suggested the replacement of tr.eesshoulci be'on a sliding
scale. She added that if the tree was really valuable then the
replacement :should :be .two for, one~~,1
Mr. Dougherty discussed the requ;;rement of fencing trees for protection
of the trees and the minimum safety requirement of the visibility
triangle~ --..:, :. ";
Mayor iJohns'on -asked, 'thee members of the; 'Tree\ -Reap lei f ,they were in
agreement ,with everythi'n'g .i.n the or.di:nance except ,the urban :fol1ester
~nd the site plan development. :
Ms. Day stated they were not in agreement with the fencing
requi,rement. She added that the fence did not give adequate protection.
, . '
Mr. Anderson state'd that the most crittcal .root. z,one, .wa,sunderneath the
dripline. He stated the feeder roots were more critic~l towar,d the
branch tips than closer into the tree.
4
Minutes of City Council Meeting, March 2, 1992
074
Eric Becker from the' Texa.s Forest 'Protection Service 'stated that ,if [,
you have a 10 inch tree then you need save a 10 feet ,radi us. He added "
that it would be 1 foot radius per 1 inch diameter. He stated that the
big roots, the transport roots ~'had,some energysuppl ies in order to
resprout but the smaller roots whi ch were farther out 'was the source
of nutrients and water. He suggested that by using the City's funds
from the America: the;BeautifulGrant,the urban fprestercould help the
City with the development 'of the preservation program, site plan ,
specifications and even the completion of an ordinance:'
Ms. Day suggested that the tree prote<:;tion area should include all
trees in order to make the ordinance more fair an~more simple to
administer.
. Ms. Kasperstated the City was spending so much money on parks and
suggested having an urban forester on staff to help take care of them.
Coi:mci lmember Lang stated that if the Ci tyi s going to protect the
trees in' the front 'and side 'yards"then the trees in the backyard should
be protected also. '"
Ms. Day s 1:a ted that the meeti ng created some innovati ve and new
thinking. She added that she sees potential in the discussion 'about
requiring builders to pay for an urban forester, possibly indemnifying
the work that they do 'and to have a:city'forester ona contract basis
to' oVE!rseethe work. ' ' '
Mayor Johnson stated he would like to call a public hearing on March
16, to adopt the final draft of a Tree Ordinance.
Mayor Johnson thanked the members of the Tree People for participating
in the workshop session. '
Ed Beasley and Jim Dougherty left the'meeting.
DISCUSS'CAPITAL IMPROVEMENTS. AND METHOD OF FINANCE:
, ,
Mr. Tanner suggested that City Council needed to decide how soon the
City wished to consider a bond issue. He stated that it would require
,the Council to schedu 1 e the elec.tfon " develop a program and campai gn.
Mayor Johnson stated that he wanted to call a meeting with the
Strategic Action Committee to appoint a Chairman and present the
program' to them. He added that the City must get citizen involvement.
He' asked the' cityCou:ncil to add some qLialifiedpeople' that were,
knowledgeable on finance, civil engineering; construction and public
relations.
'Mr. Tanner stated 'a defeat in the bO'ndis:suewould be disastrous to the
City. He stated that the staff and City Council needed to better
r'efin'e th'enumbeors and 'discuss'and .possib lyi nterview financial
consultants.
5
Minutes of City Council Meeting, March 2, 1992
075
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Councilmember Jenkins suggested getting a list compiled of all the
residents who have had a sewer or water complaint in the west side of
the City.
Councilmember Jenkins suggested setting a date for the bond election.
Councilmember Lang stated that it was too much to ask the residents to
committ to the whole plan at once. She suggested that when the Council
asked for the first increment than the whole plan should be publicized
so that the citizens would be aware of the entire proposal.
Councilmember Jenkins stated that if the residents are going to take
the time to vote then they need to be included in the plan up front.
He suggested having one election for the entire amount of the bond
issue.
Mayor Johnson stated that a bond election for $26,000,000 would fail.
Councilmember Duke suggested setting a date of mid July for the
election.
Mr. Tanner asked if the Council wanted to implement two phases in the
bond election. He stated the Staff could inform the Council in two
weeks of the amount of the rate increase.
J
Mayor Johnson stated that 17% of the residents in West University Place
were over the age of 65 and a rate increase could hit them hard.
Mr. Tanner stated that in order to protect the Senior citizens from the
rate increase the City would move away from a minimum fee to a demand
fee where the more used, the more would be paid.
The City Council decided on July 18, 1992 as a tentative date for the
bond election.
Motion was made by Councilmember Duke, seconded by Councilmember
Jenkins to adjourn.
The meeting adjourned at 9:55 p.m.
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Whitt F.
Mayor
Kaylynn Holloway
City Secretary
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CITY'COUNCfL WORKSHOP SESSION.
MONDAY~ MARCH 9, 1992
MUNICIPAL BUILDING
~800 ~UNIVERSITYBLVD.
7:00 P.M.
*******************************
The City Council convened in workshop session in the Municipal Building
(3800 University Boulevard), on March 9, 1992. Mayor Whitt F. Johnson,
Councilmembers Jim Jenkins, Cullen 'Duke, Bob Kelly and Janice Lang were
present.' 'City Manager Mi'ke'Tanner,Public Works Director Ed Menville,
Finance Director Chris Taylor, and City Secretary Kaylynn Holloway
were also present.
DISCUSS ITEMS ON AGENDA FOR REGULAR CITY COUNCIL MEETING:
Liberty Hill Park Expansion:
Mayor Johnson suggested buying the land from Mr. Bill Pray, putting up
a fence for protection from the Bissonnet area and then put up barriers
on College Avenue. He stated that Ed Menville, Director of Public
Works, had an estimated cost of $81,490.00.
o
Mike Tanner, City Manager, stated the revised estimates were suggested
as an option to acquire the land, do the minimum to divert traffic and
insure safety and then at a future point in time, invest a greater
amount of money and make more improvements. .'
Councilmember Jenkins suggested putting off the street improvements
until the capital improvement plan was put into effect.
Mayor Johnson compared the size of the Liberty Hill Park Expansion and
the JMH Park.
[
Councilmember Lang inquired if the City Council had determined if this
was a traffic problem or a lack of green space problem.
Mayor Johnson stated that the amount of traffic and the lack of green
space were both a problem.
Councilmember Jenkins suggested that if Mr. Pray reduced his asking
price of the property by another $5,000, then that money could be used
for landscaping.
Mayor Johnson suggested that Mr. Menville explain to the Council that
consideration must be given to providing ingress and egress with regard
to Mr. Cocavessis' property at 3819 Sunset.
Mr. Menville stated that Mr. Cocavessis would have access to and from
his property. He stated the revised plan included installing
approximately 550 feet of fence closing off access from Bissonnet.
Minutes of City' Council Workshop, March 9, 1992
078-
Councilmember Lang ,stated 'that a sLiggestionwas made at the Public
Hearing to study the__traffic',flow iti the entire area. She stated she
was surprised at the number-of people directly affected who were
opposed to the expansion ofT ibertyHHl ,'Park.
CouncHmember Dlikesuggested'purchasing,the'land and then turning it
over to the Strategic Action Committee to study all the possibilities.
He added that in all fairness to the Prays, the City Council needed to
make a decision. :
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Councilmember Kelly agreed with'Councilmember Duke~ ' He stated that if
the City acquired 'the 'property now, then,the City would have all the
opti6nsat a later time. ,,'
Councilmember Jenkins stated the City of West University Place needed
to make an'effort to'enhancE~"thebeaut.Y and the features of the City.
Mayor Johnson adjourned the workshop at,7:25 p.m..
"d~
Kaylynn Holloway
Ci ty Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, MARCH '9, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
****************************************
The City Council convened in regular session in the Municipal Building
(3800 University Boulevard) on March 9, 1992. Mayor Johnson,
Councilmembers Jim Jenkins, Bob Kelly, Cullen Duke and Janice Lang
were present. City Manager Mike Tanner, City Attorney Jim Dougherty,
Public Works Director Ed Menville, Police Chief Steve Griffith, Finance
Director Chris Taylor, Bob Simpson Deputy Director Public
Works/Utilities, Dieter Ufer of Langford Engineering and City,Secretary
Kaylynn Holloway were also present. Mayor Johnson delivered the
invocation and Councilmember Cullen 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.
Chuck Gillan, 3620 Georgetown,lasked the-City Council aboutleas,ing
garage apartments.' '
Mayor Johnson stated that the City was a single family dwelling
district and occupancy of,the garage apartment was a violation. He
stated that in the zonih'g' ordinance'-tfhere- was a,n'6n-conforming
provi si on that stated that, garage apartments"'ahd accessory bui 1 dings
were to be abated by October, 1992.
Janet Becker, 4104 Ruskin~ expressed concern about the number of cars
that were turning around in her yard at the deadend of Academy and
Ruskin. She stated that she use to have posts in front of her house to
prevent this from happening but the City had removed them.
Platt Thompson, 3922 Amherst, complained about the pothole in front
of his house which he stated' h'ad been' there)s~ince'November of 1991.
Mr. Thompson expressed concern about the flooding on Amherst.
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JUNKED MOTOR VEHICLES:
Consideration was given to the first reading of Ordinance No. 1419.
Mayor Johnson read the ordinance, as follows: .
nrdinance' No~ 1419
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AN ORDINANCE RELATING TO JUNKED VEHICLES AND PARTS OF VEHICLES:
AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY
. 'PLACE,: TEXAS; AND CONTAINING ,FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT.
BE, IT ORDAINED BY THE CITY' COUNCIL' OF WEST UNIVERSITY, PLACE, TEXAS:
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City Council Regular Session, March 9, 1992 080
, Section 1, Article 'VI (e,ntit1:~d"Junked Vehicles") of Chapter 13 l,~ "..'
(Sections 13-211 through 13-2fl) ':ofthe Code ofOrdi nances of the City .
of West University Place, Texas is hereby amended to read in its
entirety as follows:
ARTICLE VI~ JUNKED VEHICLES
ABATEMENT OF NUISANCES
Sec. 13-211. DefinitiQns~
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, (a) In this Article, "AMV law.i means Article V (e~titled
'iAbandoned'Motor Vehiclesu} of art~ 4477-9a'TEX. REV. CIV. STAT.
ANN., as it may be amended, cOdifiedor.,suPf:lrseded from time to time
hereafter.
(b) Unless the context require~,a different meaning, words and
phrases used in this Article have the same meanings as in the AMV Law.
Sec. 13-212. Purpose and Application
(a) Th~ pur~ose of this A~ii~le' is~toa~opt procedu~es for the
removal and abatement of junked vehicles (and parts of vehicles)
declared to be public nuisances by the AMV Law. The City Council
also finds, determines and declares that' such vehicles are public
nuisances.
(b) The proc~dures in this'Article'appl)i to vehicles in ali places
allowed by the AMV Law, but they' do not apply to those vehicles (and
parts of vehicles) excepted by the AMV Law~
(c) Abatement and removal pro~~dures do not preclude other
available, remedies, both civil and criminal, all of,whichmay be
pursued by the city.
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Sec. 13-213.' Procedures.
Pursuant to the AMV Law, the-chief of police or his designee
sha 11 be authori zed to admtni ster the procedures set by the AMV Law.
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 or
,other part of t,his ordinan_c~,orthe 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 ~uc~h ,w,ord,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 Councn;::officiall.yf:inds,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 Meetings Law,
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City Council Regular Session, ,March 9,1992
081
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TEX. REV. CIV. STAT. ANN. art. 6252-17, as.amended, and that each
such meeting has b~enopen to the public as required bylaw at all
times during such discussion, consideration and actton. The City
Council ratifies, approves 'and confirms such notices and the contents
and posting thereof. '
Section 5. This ordinance shall become effective immediately upon
adoption and signature.
PASSED AND APPROVED ON FIRST READING, this
, 19_.
Voting Aye:
Voting Nay:
Absent:
day of
PASSED AND APPROVED ON SECOND READING, this
, 19_.
day of
-
Voting Aye:
Voting Nay:
Absent:
. Si gned.:,
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, '. ,Whi tt F., Johnson, . Mayor
ATTEST:
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Kaylynn Holloway
city Secretary
. '-,Approved, as' to' Form.~
(SEAL)
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James L. Dougherty, Jr.
City Attorney
Copies of Ordinance Number 141-9, in the form required for adoption,
we're available to all members of the City Council.
Motion was made by Councilmember Jenkins, seconded by Councilmember
Duke to adopt ordinance number 1419. '
The motionwa.s voted on with, the followi.ng result~
c
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke, Kelly
and Jenkins
None. '
None
3
City Council Regular Session, March'9, 1992
UBERTY HI'LL ;PARK EXPANSION: "'"
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Consideration was 'given to:the expansion of'J.:;.bertyl-lill Park,.
diversion of motor vehicle traffic from-College to Notthwesternand
right-of-way development (landscaping and other amenities) ,
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Mike Wood, 3932 Browning, expressed his sincere appreciation for park
space but he had several concerns about Liberty Hill Park expansjon.
He stated that the Park being adjacent to Bissonnet Street made safety
for the children a major factor'to'consider. "'He'stilted,'that,the Park
would be accessible only by walking and the project ,would only be of
benefit to a limited number of people. He stated that the proposal for
Liberty Hill Park expansion did not solve the drainage and traffic
problem. He suggested adding curbs and gutters and also adding
frequent stop signs to help resolve these problems~
Councilmember Jenkins disagreed with Mr. Woods. He stated that Mr.
Woods. street would benefit more than any other street. He stated that
the drainage and flooding would be improved by the capital improvement
proposal being presented to the City Council. He added that the City
had a heavy liability with the area as it is presently. I
Councilmember Duke stated that he thought Mr. Woods made some
excellent points. He statedtMt the Liberty Hill Park expansion plan
was far from a final plan. He stated that the plan did not pretend to
solve some of the problems Mr. Woods addressed. Councilmember Duke [
stated he' viewed the pl an' a:s~' a 'greenspace issue first and foremost.
He added that he was attempting to isolate the issues that needed to be
separately addressed.
Ed Menville, Public Works Director, presented a proposal which included
revised estimates for the Liberty Hill Park improvements. The proposal
included purchasing the property from Mr. Pray, removing old asphalt
paving on a portion of College Drive, installing top soil and grass
sodding and installing a six foot wire fence.
Councilmember Lang asked Mr. Menville if the only access to the
Park would be the Southwest corner.
Mr. Menville stated that as the present plan was shown, the only access
wou1d be the'Southwest corner., He stated that in order to provide
access to the people who li'ved on' Sunset, another opening would have to
be provided.
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Councilmember Lang expressed concern about the expansion of Liberty
Hill Park. She stated that the drainage and the safety problems could
be resolved without 'purchasingaddit;i'oncrl: property. She stated that
there was a considerable number of residents who objected to the
expaons i on~ ".",
Kate Sutton, 3824 Northwestern, stated that she thought the
present plan was a good compromise. She added that she wanted to
applaud the City Council for providing the proposed plan.
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City Council Regular Session, March 9, 1992
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Mayor Johnson stated that the City Council was not taking the project
lightly. He added~that he felt the City Council had given ample
opportunity for residents to express their view points. He stated that
it was time for the City Council to make a decision.
Bill Pray stated that he would sell the land to the City for $50,000
with an additional $5,000 to be used for landscaping to make the'
property usable greenspace.
Mayor Johnson suggested that ,the City Council make a proposal to
acquire the land and consider an architectural review or consultant
review of the land.
Motion was made by Councilmember Jenkins, seconded by Councilmember
Duke to appropriate the necessary funds to acquire Mr. Pray's .
property at $50,000 and allocate an additional $5,000 to a landscape
plan.
The motion was voted on ,w,i,th the following result:
Voting Aye:
Voting Nay:
Absent:
,
Mayor Johnson, Councilmember Duke, Jenkins,
and Kelly
Councilmember Lang
None
o
BID OPENING FOR TELEPHONE SYSTEM IMPROVEMENT:
Consideration was given to bids for the telephone system improvement.
Bidders
Total Bid
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$42,847.00
$25,068.40
$51,67L43
$45,381.00.
$35,820..00,
$31,967.00
$55,585.00
$34,,330:. 2R
.$31 ,t146 ..00,
$54,816.00
$27,728.00
All American Communications, Inc.
Apyx Business Systems
AT&T "f, . "
Bell, South Communication "
Genesis ~elecom,Inc.
Inter-Tel TST
Madden Telcom Services
Performance Telecommunications "
RCA Business Telephone Systems
Southwestern Bell Telecom
World Telecommunications
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Motion was made by Counci 1 member Duke,; seconded' by Gounci lmember,
Jenkins to refer the bids to the City Manager for review and insure
that they are in compHance,with th'ebiddtng specifications and follow
up with arecommendation.at the ' next regular meeting.
The motion was voted on with the following result:
,5
City Council Regular Session, March ,9, .1992
Voti ng .Aye:
Voti ng Nay: 1
Absent:
Mayor'Johnson, Councilmembers
Kelly,and Duke.:
None
None ' . . '
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Jenkins" Lang,
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BID OPENING FOR COMMUNITY BUILDING, IMPROVEMENT~
Consideration was given to bids for the improvement (grounds and
parking): of':the Community Building located ,at 6104 Auden.
Bidders
Total Bid
Woodruff Concrete Construction
C&DConstr>uctors, Inc.
'$24,745.00
$24,845.00.
Motion was made by Councilmember Duke, seconded by Councilmember
Kelly to refer the bids to the City Manager for inspection and follow
up with a' recommendation at .thenext -regular council meeting.
The motion was voted on with the.following result:
'l.
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly, Lang,
Duke and Jenkins
None
None'
SCOUT HOUSE CONSTRUCTION:
Consideration was given to the construction of a new Scout House and
authorization to bid.
Mr. John Stone-of Mitchell, Carlson & Associates stated that he,had
provided the, City Staff with plans, specifications and bidding
procedures fbr' the scout house. He stated that the'plans had been
reviewed and, approved by the Houston Independent School District.
Mike Tanner; City Manager stated that the plans had been; approved by
the City Bui'lding Department and had been forwarded to the State'
Handicapp offi.ce. ','
Mayor Johnson stated that he had been requested by the President of the
Girl's Softball Association to consider giving access to the
restrooms in the building. He stated that he was informed by Mr.
Tanner that HISD would provide restrooms.. '
Mr. Tanner stated the restroom facilities would be temporary.during
the season. He stated the restrooms would be ,placed in a locatio,n:
that would not be visible from the street.
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City Council Regular Session, March 9, 1992
08'5
Councilmember Lang stated that portable restrooms on the school
ground were unacceptable. She suggested allowing access to the
restrooms at the scout house.
Mr. Tanner stated that HISD and the Principal of the school had
already approved the placement of the portable restrooms.
Mr. Stone discussed the changes requested by Council at the previous
meeting.
Mr. Tanner suggested the City Council allow the Staff to open the bids
prior to the City Council meeting so that the Staff could have a
recommendation by the next regular meeting.
Councilmember Duke inquired about the memo received from Ed Beasley
referring to the homebuilders in the City offering to donate their help
in building the stout house.
Councilmember Lang stated that she did not have an opportunity to
see the plans for the scout house. She asked Mr. Stone to described
the foundation of the scout house to her.
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Motion was made by Councilmember Kelly, seconded by Councilmember
Duke to authorize the Staff to receive bids and follow up with a
recommendation at the Council Meeting on April 6, 1992.
The motion was voted on with the following result:
Voting Aye:
Voting Nay
~ Absent
,
Mayor Johnson, CouncilmembersDuke, Lang, Kelly
and Jenkins- ,
None
; None: '.,'
COMMUNITY /EMORY AREA DRAINAGE REPORT AND IMPROVEMENT:, "
Consideration was given to a report on the Community/Emory area
drainage system and improvement.
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Mr. Menville presented the Council with a recommendation to authorize
the Staff to solicit bids to hire a gradal machine and an operator to
clean approximately 5000 feet of drainage dtt~hes in the :College Court
area of the City. He stated that the cost would be approximately
$12,500 to $15,000. He added that this cost did not include cross over
gutter pipe alignment or grass replacement. He stated that the:
contractor would go from driveway pipe to driveway pipe and cut out the
silted ditches to insure proper direction and flow to the nearest inlet
pipe. .
Mayor Johnson ~sked the Staff if a report was delivered to Rod Sands.
Councilmember Duke asked if there was a computer simulation or
formula applied to determine the outcome regarding the
innerconnection and potential problems.
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City Council Regular Session, March 9, 1992'
Mr. Menvi"le stated that the Staff used formulas and surveys to foresee
potential problems.
Motion was made by Councilmember Duke, seconded by Councilmember
Jenkins to authorize the City Staff to use their best effgrt to strike
a deal with ,the County, that failing, to solicit bids for the gradal
machine and an operator and to appropriate the necessary funds from the
general r~serve.
The motion was ~oted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Kelly,
Duke and Jenkins
None
None
CHARLOTTE/LAKE AREA IMPROVEMENT:
Consideration was given to the design of sanitary sewer, storm sewer
and street improvement in the Charlotte/Lake area by the consulting
City Engineer.
Mr. Tanner stated that the Council had agreed in principle to do the
project but the Staff now needed for the City Council to formally
authorize the consulting engineer tojproceed with the preliminary
designs and specifications.
Mayor Johnson stated that the Council had a report on the project with
the estimated costs and the fees involved. He stated that,if the City
Council proceeded with this project wit~out going through an assessment
program then a precedent was being set. He stated that there had not
been a street paved in the City of West University Place since 1947
without the citizens participatibn.
Council member nuke stated that the Council was only voting on whether
to award a contract to the consulting engineering firm to begin
design. He stated that the decision concerning assessment could be
determined at a later date.
Motion was made by Councilmember Lang, seconded byCouncilmember
Kelly to authorize the employment of Langford Engineering to begin
design on the Charlotte/Lake area improvement as outlined in the
proposal dated February 14, 1992.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Kelly,
Duke and Jenkins
None
None
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088
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City Council Regular Session, March 9, 1992
087
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PAYMENT OF LEGAL SERVICES:
Consideration was given 'to the payment of $5,797.18 to the City
Attorney for legal services provided during the month of February 1992.
Motion was made by Councilmember Kelly, seconded by Councilmember Lang
to pay the City Attorney fees for the month of February in the amount
of $5,797.18.
The motion was voted ,on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke,
Kelly and Jenkins
None
None
1976 BOND ISSUE 'PAYMENT:
Consideration was given to an invoice in the amount of $105,302.00
submitted by First City, Texas for principal, interest and agent fees
due~ : '
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Motion was made by Councilmember Duke, seconded byCouncilmember
Jenkins to authorize payment to First City, Texas in the amount of
$105,302.00.
The motion was voted on with the following result:
Voting Aye":
. Voting' Nay:
Absent:
Mayor Johnson,Councilme~bers Lang~' Duke,
Kelly and Jenkins
None'
None
AMHERST STREET IMPROVEMENT:
Consideration was given to street r~pair in the 3900 block of Amherst
and authorization to bid.
Mr. Menville stated this was an extremely bad area of Amherst Street.
He stated the project included the removal and replacement of
approximately 400 square yards of old pavement in the area. He stated
that the Staff recommended comp'let..ely rebuilding this section.
. '.' .
Motion was made by Councilmember Duke, seconded by Councilmember
Lang to authorize the ,City Staff to 'prepare, the project for bid and
allocate the funds out of the general reserve.
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The motion was voted on with the followlng result:
9
City Council Regular Session, March 9, 1992
088
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci 1 members Lang, Duke, .
Kelly and Jenkins
None .
None
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RICE SANITARY SEWER REPORT AND IMPROVEMENT:
Consideration was given to a report on the condition of a sanitary
sewer line in tbe 3800 block of Rice and improvement.
Mr. Menville presented a report.anda recommendation to improve the
sanitary sewer line in the rear of the homes in the 3800 and 3900 block
of Rice Boulevard. He reported that during ,the preceding two weeks the
Department of Public Works had cleaned and video taped the six inch
sewer line which served the area. He stated that as a suggested
solution he would recommend to slip line the line beginning at Mr.
Shallenberger's home to its termination at Weslayan Street. He
estimated the costt~ be $34,025.00.'
Mr. Menville added that this solution possibly would not solve Mr.
Shallenberger1s particular problem.
Rick Shallenberger, 3804 Rice, stated that he has had plumbers at his
home and they extended 75 feet into the City line and reported that the
line was clear. Mr~ Shallenberger stated that the City was indicating
that this was his problem. He stated that his house was under contract
to be sold and he was requesting something in writing showing the
action the Ci,ty was going to take now"and in,the future. Hestated
that he would not accept the City saying that it is his
responsibility. He stated that for ten days he had untreated raw
sewage in his backyard.
Bob Simpson, Deputy Director of Public Works/Utilities, stated he was
not aware that there was raw sewage in Mr. Shallenberger1s backyard.
Mayor Johnson stated he did not see any raw sewage in his yard.
Mr. Shallenberger took exception to the statement made by Mayor Johnson.
He made disparaging remarks to the Mayo~.
Mayor Johnson to 1 dMr . Shallenberger that theC i ty was trying to
resolve his problem and insiste'd that he calm down. Mayor Johnson told
Mr. Shallenberger that he was embarrassing himself and his family.
Councilmember ,Jenkins suggestedbypa'ssingMr. Shallenberger's line
and tie into the resident'sHne on Tennyson Street. He stated that at
that point the City could determine if the problem was with the City's
line.
Mayor Johnson suggested only extending the slip line half way instead
of to its termination atWeslayan Street. He stated that this would
cut the cost in half.
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City Council Regular Session, March 9, 1992
089
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Mr. Shallenberger requested the City Council put something in writing
so that he could understand and explain to someone else,exactly what
action was being taken. '
Mr. Menville stated he could provide Mr. Shallenberger with an
explanation of the procedures.
Motion was made by Councilmember Jenkins, seconded by Councilmember
Lang to authorize the City Staff to take whatever action necessary,
to replace existing pipe on anJemergency measure and if that does not
work to continue with the recommendation of a slip line using informal
bids and appropriating the necessary funds.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke,
Kelly 'and Jenkins
None
None
PUBLIC WORKS REPORT:
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Due to the late hour the City Council made the decision to table the
report.
RESOLUTION FOR STATE PURCHASING AND GENERAL SERVICES COMMISSION:
Consideration was given to Resolution Number 9204 authorizing the
City's participation in the purchasing programs of the State Purchasing
and General Services Commission.
Motion was made by Councilmember Duke, seconded by Councilmember
Lang to adopt to Resolution Number 9204 authorizing the City Staff to
purchase in the State Cooperative Purchasing program.
The motion was voted on with the following result:.
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke,
Kelly and Jenkins
None
None
CITY COUNCIL MEETING MINUTES:
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Consideration was given to the minutes of the City Council meetings of
February 24 and March 2, 1992.
Motion was made by Councilmember Duke, seconded by Councilmember
Lang to adopt the minutes as written.
The motion was voted on with the following result:
11
City Council Regular Session,.March 9, 1992
090
Voting Aye:.. Ma-yor:Johnson (.Councilmembers Lang ,Duke,
Ke lly .andJellkins
Voting Nay: None
Absent: None
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ADJOURNMENT:
Wi.th no further bus inessto address,':a:moti on was made by " ,
Counc.i lmember Jenki ns, ,seconded by';CounGi lmell)ber Kelly to adjourn.
The meeting adjourned at 10025 p~m~ ~
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Kaylynn Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, MARCH 23, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
****************************************
The City Council convened in regular session in the Municipal Building
(3800 University Boulevard) on March 23~ 1992, with the following
members present: Mayor Johnson; presiding; Councilmembers Bob
Kelly, Cullen Duke and Janice Lang. Also present were the City
Manager, City Attorney, the Public Works Director, the Police Chief,
the Finance and Administration Director, the Fire Chief, Deputy
Director Public Works/General Services, and the City Secretary. Mayor
Johnson delivered the invocation and Councilmember Kelly led the
Pledge of Allegiance.
HEARING OF RESIDENTS:
J
Mayor Johnson invited residents to speak who had matters they wished to
bring to the attention of the City Council.
Tom Servos, a student residing at 6707 Belmont, talked to the City
Council about streets. He asked the City Council why the streets were
not grated to prevent the cars backing out of driveways from scraping
their bumpers on the pavement.
Mayor Johnson suggested putting a metal grate at the entrance of the
driveway.
Bruce Wallace, a student residing at 3:020 Cason~ asked the City Council
to put a stop sign at the corner of Belmont and Cason.
Mayor Johnson stated that traffic regulations had to be approved by the
Chief of Police. He stated a traffic count would have to be conducted.
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Police Chief, Steve Gri:ffith stated' the stop $i',gn: crJteria requires
that the City have an average of 100 cars an hour over any 4 hour
peri ad duri ng any 24 hour day. ~ "
Becky Williams, President of the Softball Association and a resident
at 3112 Lafayette, spoke. to the: CounciL about the scout house
construction and making restroom facilities available for baseball
and soccer children. She thanked,the Mayor and City Council for their
on-going support. She asked the Council to adjust the plans for the
scout house to allow the associations to have controlled access to the
restrooms.She added that the Softbal:il and Soc,cer Associations were
wi II ing to hel pfund .theproject.." 'She' stated that in addition to
financial support, they were committed to keeping the restrooms
clean. She stated that the Associations would be responsible for
furnishing the toilet paper, paper towells, the cleaning products and
the labor to keep the restrooms clean at all times during the soccer
~nd s6ftball sea~orr.
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City Council Regular Session, March 23, 1992
092
Mayor Johnson stated that he,js'upported having restroom faci 1 ities on
the grounds.
Bill Mack, a resident at 4023 ,Swarthmore, stated he was
representing the Soccer Board at the Council meeting to show their
support of the restroom faci lities >at the'scout house.
. Ceunci lmember Kelly stated that the West University Little League
would not use the restroom facilities .at the scout house but that all
the other associations would. He stated that he spoke with the.
architect and it appeared that with some minor modifications, the
restrooms could be made accessible~
Russ Schulze, President of the West University Tri Sports
Association and a resident of.3518 Rice, stated he was authorized by
the Tri Sports Board, which included Little League, to add their
support to what soccer and softball were asking for independently.
Larry Massey, a resident at 3032 Plumb, stated he saw the restroom
facility. as a critical need and that as a member of the Board of the
Friends of West University.F?arks he wou'ld do whatever he could to make
it a rea 1 i ty.
Mr. Massey stated that he had a letter from Tom Rushing, Chairman of
the Friends of West University Parks and from Carol Burke, Chairman of
the West University Parks Board contributing $20~000 to be used for the
acquisition of the lot at 4102 Byron and for the expansion of Colonial
Park. " ,
RESOLUTION RECOGNIZING POLICE OFFICER:,
Consideration was given to Resolution No. 9205 recognizing Police
Offi cer . Joseph 'Sanders.
Mayor Johnson stated that the City Council and the City Staff were
pleased to honor one of the City's Policeman.
Mayor Johnson asked Mr. Sanders to come to the front of the room and he
read the Resolution as follows:
. RESOLUTION: NUMBER 92-05
WHEREAS, Joey Sanders'; was employed by the City of West
University Place, Texas on June 26, 1991; and
, ,
. WHEREAS, Joey Sanders has served' theClty as a Pol i ce Officer
during the past nine months of-his employment; and
WHEREAS, Joey Sanders, while.onpatrol recognized and reported a
house. fire; and
WHEREAS, Joey Sanders realized that the occupants of the house
were in danger; and
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City Council Regular Session, March '23, 1992.
093
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WHEREAS, Joey Sanders, without regard to personal injury entered
the burning structure and drQ,gged the victim out saving .her 1 ife;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the City of West University place, Texas,
acting by and through its duly authorized City Council, hereby commends
Joey Sanders for his performance above and beyond the call of duty.
. , . .
. '
Section 2. That the City Council recognizes and appreciates
Joey Sanders as a valuable employee of the City and for the manner in
which he faithfully performs his responsibilities.
. Section 3., That the City Council expresses this commendation
for valor on.behalf of all residents of the City of West University
Place, Texas. .
0:,:;
'"
. .!
",:,
Section 4. That this Resolution be spread in full upon the
minutes of City Council ,af1d that,the Mayor~be,and:he is hereby,
authorized, to deliver to Joey Sanders a true copy hereof, signed by
each member of the City Council. . .
PASSED AND APPROVED this;2~~day Of~~19~~
~~-th~~~
J'
Bob Kelly, Mayor Pro Tem
Janice Lang, Councilmember
. Cullen Duke~,Councilmember
ATTEST:
Kaylynn Holloway
City Secretary
The Police Chief stated that the Ctty,was very proud of Officer Sanders.
n
~,
Motion. was 'made by Coundlmemb,er: .ouk~"seconded; by CouncilmemQer
Lang to ado'pt Resolution ,9205 recogniz~ing and ,commending, Officer
Joey Sanders.
3
City Council Regular Session, -March 23, 1992
094
Voting Aye:
Voting Nay:
'Absent:
Mayor Jo'hnson, ,;Councilmember ,Duke,
Kelly - ,
None
None,
Lang and
[
The motiC)n was voted on with the following result:
JUNKED VEHICLES ORDINANCE:
'Consideration was' given, to the first r.eaMngofthe amended Ordinance
No. 1419.
Mayor Johnson stated that he thought it,wquld have been appropriate to
put in'the number of days in which the Police would have to give notice
and after that extended time, which he understood to be 45 days, a
citation would be issued.
City Attorney, Jim Dougherty, stated that the reason the number of days
does not-appear in the ordinance was, to prevent the ordinance ,from
getting out of sync with the state law~- He stated 'that if the state
law changed, the ordinance would adopt the change by reference.
Mayor Johnson inquired as to what kind of penalty the ordinance
assessed. _
Mr. Dougherty stated the City could cite the person who was maintaining
the nuisance or they c.ould have the nuisance taken care of by the City
itself. '
Chief Griffith stated that,this_ ordinance would allow his department to
use the Municipal Court process' to order vehicles removed and make the
owner liable for the towing.
Mayor Johnson read the Caption of the ordinance as follows:
ORDINANCE NUMBER 1419
AN ORDINANCE RELATING TO JUNKED VEHICLES AND PARTS OF VEHICLES;
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 1419, in the form required for adoption,
were available 'to all members of the City Council.
Motion'was made by CounciTmember Kelly, seconded by Councilmember
Lang 'toadopt Ordinance Number 1419 on-the first reading.
4
City Council Regular Session, March 23, 1992
095,
3""'
L'O,
,,'
The motion was voted'on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly, Lang and
Duke
None
None
RESOLUTION RECOGNIZING COUNCILMEMBER JENKINS:
Consideration was given 'to Resolution Number 9207 recognizing
Councilmember Jim Jenkins.
Mayor Johnson stated that CouncilmemberJenkins had submitted his
letter of resignation and that the Council's and Staff's appreciation
was displayed in a Resolution"a plaque. and another letter of
recognition.
Councilmember Jenkins stated that he enjoyed working with everyone
and serving the Citizens of West University Place.
Councilmember Lang read Resolution Number 9207 as follows:
~
j
RESOLUTION NUMBER 92-07
WHEREAS, James A. Jenkins, was by popular vote elected to serve as
a member of the City of West University Place on two occasions on May
6, 1989 and on May 4, 1991; and
WHEREAS, during all of such service to the City James A. Jenkins
has performed his duties in such a manner as to reflect credit upon
himself, his family and the City; and
WHEREAS, James A. Jenkins declined to accept a nomination as Mayor
Pro-Tem during his last term of office, which exemplified his
cooperative :attitude:to~work with'others for the best interest of the
City forgiving his personal interest; and
, "
WHEREAS, Councilman Jenkins was a leader in reorganization that
saved the City thousands of dollars each year; and
WHEREAS, Councilman Jenkins was receptive to the citizens needs
and interceded on their behalf when critical.o,ccasions arose; and
1
\ I
-----J
WHEREAS, Councilman James A. Jenkins has elected to resign from
the City Council on February 29, 1992; and
WHEREAS, it is the desire'of the City Council to give recognition
to Jim Jenkins for ,his ,fai,thful:service,to the City and Citizens of
West University Place; and '.
5
City Council Regular Session,:March23, 1992,
'J
096
NOW, THEREFOREw BY RESOLUTION BY THE CITY COUNCIL OF WEST
UNIVERSITY PLACE:
r-
I
L
Sectionl. The City Council acting by and through its duly
authori zed authori ty, hereby commends James A. Jenki ns for his years of
dedicated service to the citizens and to the,City.
Section 2. That the City Council expresses its grateful
appreciation to James A. Jenkins for his unselfish devotion to his
responsibilities as a member of the City Council and the manner in
which he brought new iciei1s and c()riceptsirito the'City,'s .operation.
Section 3. That this Resolution-be spread'in full upon the
minutes of the City Council and the Mayor.be, and he is hereby,
authorized to deliver to James A. Jenkins a true copy hereof, signed by
each member of the City Counc:il. '
, ,
PASSED AND APPROVED tbis,23rci day of March, 1992.
.~
. Bob. Kelly, Mayor Pro,. Tern
Janice Lang, Councilmember
/-
L
Cullen. Duke, Councilmember
ATTEST:
Kaylynn Holloway
City Secretary
Motion was made byCounC-ilmember Duke, -seconded byCouncilmember
Kelly to adopt Resolution ,9207 ,recognfzing;and, commending City .
Councilmember Jim Jenkins. .
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci lmembers Kelly, Lang and
'Duke
None
None
.CoUncilmember Duke presented Councilmember Jenkins an authenticated
copy of an arti cl e that appeared in the Apri 1; 19Q2 edi ti,on of the Ci ty
Currents recognizing some of Councilmember~Jenkin$' accomplishments
during his term of office.
h
City Council Regular Session, March 23".1992
097 .
Councilmember Kelly statec\ that it was a great 'pleasure knowing
Councilmember Jenkirysand that he 'was sorry that ,he was moving out of
the Ci ty ~ Counci lmeniber Ke 1:ly' 'stated that Counci 1 member Jenki ns
had kept the City alive'and that the City had a real 'strong advocate in
Jim Jenkins. Council'mem.ber 'Kelly presented Counci lmember Jenkins
with a plaque in recognition and appreciation of the dedicated
leadership provided to Citizens of the City of West University Place.
Mayor Johnson introduced ,his wife Fae Marie Johnson.
Mrs. Johnson stated that the City would never have anyone who loved the
City of West University Place like',Jim, Jenkins. She added that Jim
worked real haro for the City and,that she and the Mayor would miss him.
ALARM ORDINANCE:
Consideration was given to the first reading of Ordinance Number 1420.
Mayor Johnson stated that he had a recommendation from the Chief of
Polic~;stating that the revision to the ordinance was'a housekeeping
change which would bring the ordinance in compliance with the State
statute.' '
~
j
. . -
Mayor Johnson read the ordinance as follows:
, ORDINANCE NO. 1420.
.: f . :_ ;
, AN ORDINANCE RELATING: TO ALARM SYSTEMS;.'AMENDING JHE CODE OF
, ORDINANCES: OF THE CITY OF-WES-T UNIVERSiTY' ,I?.LACE, TEXAS; AND
CONTAI'NING PiNDINGS:,AND,- PROVISIONS RELATING: TO THE ,SUBJECT.
. 1 '
, "
WHEREAS, the State Legislature has adopted a new Chapter 218 of
the,Texas Local Government'Code, which new chapter restricts certain
aspects of the regulation of alarm systems; and
WHEREAS, The City Council desires to update Chapter 6 of the Code
of Ordinances 1n order to conform to the, new Chapter,218; and
'. '
... 'J . \... ~ I .
WHEREAS, certain changes in fees: mandated by, said new, Chapter 218
are refrected i.n theriew fee schedule -adopted at or about the same time
as this ordinance; , '
, : " ..,"" : I :
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 'OF WEST UNIVERSITY
PL~CE, TEXAS:
~~
LJ
,., ,-
,Section 1. .' The definition of "Falsealarm" appearing in Section
6-371 of the Code of Ordinances of the City of West University Place,
Texas is hereby amended '.to, read aSI fo ~ lows:
, False alarm means any alarm which was not the r.,esult of any
emergency or threat.ofemergericy oJ ,the kind for which the a,larm
7
~ -,
City Council Regular Session, .March ,23,1992.',
09'8
system was designed to.give notice; provided, a false alar.mis
'" notconsi.dered to, have occurred unl.ess,.a response ;,S made.,by the
, "police.department or other aqency :of..the City,withi,n 30 minutes
of the alarm'notificaUon arid the 'department or other aQency
determines from.an inspection 'of.the interiQr or exterior of the
premi'ses that the alarm~was' false.
[
Section 2~ Section 6-377 (entitled "Fee Schedule") of the Code of
Ordinances of the City of,WestUniversity-;Place,Texas is hereby
amended to read in its entirety as follows:
Sec. 6-377. Fee Schedule.
The City's fee schedule shall apply to all fees and activities
required or contemplated by this article. The city manaaer is
authorized to adjust or abate any fee to the extent necessarv. to
make the fee comply with state or federal law.
j J
Section 3. (a) The title of Section 6-389 (which now reads "False
Alarms".) of the Code of Ordinances of the City of West University
Place" Texas is hereby amended to read, "Intentional Activations."
. '. I
(b) Subsection "(c)" of Section 6-391 of the Code of Ordinances of
the City of West University Place, Texas is hereby amended to read as
follows:
[,
~.
(c) Subsection""(a-)" ,of Section. 6-.392 of .the Code of Ordinances of
the City of West Uni'versity Place" Texas is he,reby amended to rea,d as
fo 11 ows :
. j - . , >
(a) The chi'ef of pol;-ce may .revoke' or suspend a ,permit under the
same rules, regulations and standards applicable to building permits.
In'addition, fhe chief of police may r:evoke or suspend a permit for an
alarm system if the polke'department responds to eleven (11), or more
alarm activations within a single year for which the responding
officers find no proof of an emergency of the type the alarm was
designed to signal, regardless of the reason or cause of such alarm
activations. Suspension or revocation of permits (or payment of fees)
'sha 11 hot, affect responses to alarms rece,i v.ed.
Section 4. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the ; extent of the confl ict only.
Section 5. If any word,. phrase,; claus~,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
U..
., L..
'A
.:'J..
["J
8
City Counci 1 Regular Session, ,nMarch 23, 1992
09~"
U'"
, ,;
'..:-i,
of this ordinance and the application of such word, phrase, clause,
sentence, p~ragraph, section or other part of this ordinance 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 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 7. This ordinance shall become effective immediately upon
adoption and signature.
, , '
PASSED AND APPROVED ON FIRST READING, this _ day of
19 .
Voting Aye:
Voting Nay:
Absent:
o
PASSED AND APPROVED ON THE SECOND READING, this _ day of
, 19
Voting Ay,e:, ~
Vo'ting Nay:'
Absent:
i ' ~
:c
r
ATTEST:
Kaylynn Holloway, City Secretary
,\ ,
James L. Dougherty, Jr.
City Attorney
(SEAL)
u
Copies of Ordinance ~umber 1420, in the form required for,adpption,
were available to all members of the City Council.
Mr. Dougherty suggested the City conform its fee schedule. He stated
that the City usually adopted all the fees at one time.
.' : '.
City Manager, Mike Tanner stated the,policy had been ,t,o, , present a
comprehensive fee ordinance not individual fe.es.
9
City Counc i 1 Regu 1 ar Sess ion, 'March 23,' 1992
Motion :was-made by Councilmember.Duke,secondedby,Councilmember
Lang to adopt Ordinance Number 1420 on the first reading~
The mo~~on was voted on wit~ the following result:
'" '. '.. ..' .\,
Voti n~J' ,Aye;'
VoUng:Nay:
Absent:
Mayor Johnson" Counci lmembers ;Duke, langand
Ke 11 y ,
None
None
J. ;'1
PARKS DEVELOPMENT:
Consideration was given to J.M.H. Park development and authorization to
bid. '
Mr. Tanner stated the Staff was presenting everything on the park
eXGept shrubirlstallation. ,He stated that the. Staff ,was presenting the
Tapley plan which was developed for this park.
The Public Works Director, Ed Menville, presented the plan to the
Council. The plans included streets, walkways, fencing, grading and
street drainage. He stated that the trees wou.ld be protected during
construction.
Mr. Tanner stated that Charles Tapley and his group would provide a
plan for landscaping and hopefully assist the City in bidding that
section. He added that in order to expedite the project, the Staff
eliminated the planting section so the Council could go forward and
authorize the Staff to proceed with bids for this phase.
Mayor Johnson stated thatMrrTapley would present the City with a
landscaping plan at no cost to the City. He added that this plan would
be presented at the next Council meeting.
Motion was made by Councilmember Kelly, seconded by Councilmember
Duke to adopt the plans presented and authorize the Staff to go out for
bid at an appropriate time for the first phase of development of the
Mi lton Street park site.
The motion was voted on with the following result:
Voting Aye:
Voting Nay;
Absent:
Mayor Johnson,
Kelly
None
:None
Councilmembers Lang, Duke and
'-, ~ ~ .
SCOUT HOUSE CONSTRUCTION:
Consideration was given to the construction of a new scout house and
restrooms that support playgr,ound activi:ties. .
10
100
I
L
City Council Regular Session, March 23, 1992
101
j'
~ " .
~; ~
Mr. John Stone of Mitchell, Carlson & Associates stated there were no
changes since the1ast time the 'plans were presented to t~e Council.
Mayor Johnson stated that the Council was presented with some very keen
and sensitive issues concerning the accessibility to the restrooms at
the scout house. He asked Mr. Stone to give his o~inion about the
affect the changes would have on the plans for the scout house.
Mr. Stone stated that there was no room on the site for two separate
sets of restrooms primarily because of the requirements for
handicapaccess and space limitation with the tree in the back of the
building. He stated they could add a door in the kitchen and one
leading into the activity room so that it could be locked to prevent
access to the other parts of the scout house~
Mr. Stone suggested continuing with the plans and specifications as
previously advertised for,bid and use change orders to'add access to
the restrooms.
Mayor Johnson suggested the Council should cpntinue with the bidding
and in the me~ntime let Mr. Stone do the design work and bring the
changes to the Council.
1
~
BIDS FOR COMMUNITY BUILDING IMPROVEMENT:
Consideration was given to bids, received March 9, 1992 for the
improvement (grounds and parking) of the Community 1t(1'ildinglocated at
6104 Auden. '
Mr. Menvi 11 e recommended the contract for the community building"
improvement be awarded to Woodruff Construction Company, Inc. who
submitted the low bid of $24,745.00.
Mayor Johnson asked if the references of Woodruff Construction
Company had been checked.
Deputy Director of Pub'l ic Works/General Services, Jerry Burns sta:ted
that he had' checked the references and reviewed prior work completed by
Woodruff 'Constructi on Company:. :
"I '- :J. , ' :,: .-
Councilmember Duke asked if, the design had been completed for the
landscap'ing arrd: trrigation. '
Mr. Burns:stated that the design had been completed.
n
Moti on was made by Coune:i:llmember Kelly, seconded ,by Council member
Duke, to' accept ~ther.e:commendatjon. of Staff and 'award: -the ,low bid to
Woodruff Construction Company.
The motion was voted on with the:"following,-result:
. .: . .
I'.
11
City Council Regular Session, March 23, 1992
102
'Voti ng Aye:
Voting Nay:
Absent:
Mayor Johnson; "CouncHmembers Kelly, Lang and
Duke
None
None
l
.~
The City Council recessed at 9:10 p.m. and reconvened at 9:25 p.m.
SEWER LINE RELOCATION:
Consideration was given to' the ,relocation of a major sewer line that
permits construction of a new public school near Braes Bayou.
Mr. Menville'stated the relocation was being initiated by the Houston
Independent School District' in order to make way for the (:onstruction
of a new school. He stated the new school wo~ld be constructed
directly over the existing line. He added that in order for the
relocation to take place, anew 36 inch line must be built to this
City's standards and milst'be placed in<a.suitably sized easement
granted to the City. He stated that the old line must be abandoned
along with the existing easement.
Councilmember Kelly stated that the City needed some protection against
HISD putting unrealistic time requirements on the City of West "
University Place. He stated that the pi'oject was already behind
schedule.
Mayor Johnson inquired as to what the City Council could do to expedite
this project.
Mr. Dougherty stated that the approval of the new line and abandonment
of the old line was strictly limited to the physical description of the
new fac'inties, and this approval, was subject to a resol ution of the
following items to the satisfaction of the City Council:
1) 'Construction Procedures. HISDwould implement procedures for
notifying the City as to progress of construction and allow the City or
its representatives to observe all activities and structures before
they are covered. Upon completion, HISD would provide an acceptable
certificate to the effect. that the new structures were completed in
accordance with the plans and specifications approved by the City.
2) Transfer of Title. Upon completion, title to all of the s,tructures
would be transferred to the City by written instrument, free and clear
of all liens and claims.
3) Easements, Etc. Easements, access rights and other rights to use
the areas where the facilities would be located shall be established,
signed, recorded, etc.
4) Defects. The City would be protected against loss or cost
resulting from any defect o'r deficiency in design, material,
workmanship, title, etc., for a period of three years.
5) Re'imbursements. The City would be reimbursed monthly for
out-of-pocket costs incurred by the City in connection with this
12
City Council Regular Session, March 23, 1992
103
project, including legal, engineering, inspection, appraisal, title,
and other costs uP,to $7~500.00.
Mr. Dougherty suggested that the Director of Public Works be authorized
to give approval to minor changes in plans and specifications, if the
same do not significantly affect the function of the facilities.
Motion was made by Councilmember Kelly, seconded by Councilmember
Lang to authorize the Mayor to approve the proposed plans and
specifications submitted by HISD for the moving of the sewer lines
all of this subject to the restrictions and recommendations that have
been set forth above by the City Attorney and Staff. And further
authorize the City Manager and Public Works Director to work with the
responsible HISD officials as necessary to implement the plan.
The motion was voted on with the following result:
'Voting Aie:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Limg, Duke and
Kelly
None
None
PUBLIC WORKS REPORT:
, ,
" ,
71
~
Mayor Johnson stated that the City Manager had suggested having a
workshop session to discuss the public works report. The' Council
bypassed the public works report.
COMMUNITY/EMORY AREA DRAINAGE REPORT AND IMPROVEMENT:
Consideration was: give'n: to a -re,port.on. Community/EmorYicarea drainage
and improvement.
o
Mr.' Menville presented .the Council ,a report; om the. findtngs of the
drainage problems on Emory Street. He summarized,whatthePublic,Works
Department had done to identify the problems. He stated that the area
was videotaped, elevations' were tak'e'n at themanh:o:le in' the "
intersection of Academy and Bissonnet and in those along Judson
Street, Communfty Drive and Emory- Street to the'.storm ,s.ewer inlets, and
periodic trips were made to the area to observe the' affects of flooding
during and after the rain. Mr. Menville stated that the most
significant problem found was at the manhole located in the
intersecti on' of Academy and :Bi ssonnet. ' He ,stated ,fhat due: to the way
the storm sewer lines entered the manhole and given their varied sizes,
it was obvious' that a hydraulic dam was created during times of heavy
rain. Mr. Menville suggested that a least one of the 42 inch pipes
needed to be removed and runoff needed' to be rerouted south and across
Bissonnet via a separate storm sewer line.
Mr. Menville suggested other improvements ,needed were to increase the
size of the lin'e extending: from the manhole 'south .of B-issonnet on
Academy to the manhole at the intersection of Academy and Marlowe on
13
City Council Regular Session, March 23, 1992
104
the east, .toreconstruct that part Of the storm sewer line which was
determined to have a reverse slope qnd also to repair the sag in the
line located in Community Drive between Judson Street and Emory
Street.
Mayor ,Johnson stated that some repr~sentatives from the area were
waiting to speak.
Rick Thamm, .a resident at4247 Emory, thanked the City for doing
the research and for being out tbere,.and getting on the job. He asked
if he,.could have a copy of the report and asked if the Staff would keep
the residents posted of what action would be taken.
. I ", ,.
Mayor Johnson stated that he had met with. a repre~en,tative from the
County Commissioners' office. He stated that the County promised the
City a gradal and trucks to take ca,re of some of the problems.
Mayor Johnson stated ,that. no further. action was required at this time.
PAVING ASSESSMENT:
Consideration was given to a paving assessmel1t and lien filed against a
property located at 2812 University Boulevard.
Mayor Johnson stated that this was, anu,nusua 1 project. He stated that
the City had a past pavingassesslTlent with principle and compounded
. interest equal to $23,000.
Mr. Dougherty stated that he conferred with the Director of Finance and
their approach, was to go pack to the original ordinance that had set up
the paving lien. He stated they cam'eup with a different calculation
method' of the interest from, what. had been used historically. He stated
that he had offered the opposing property owner $5,200 to settle,
subject to Council's approval. He added that Mr. Teasley, the
property owner, would agree to the $5,200 but that he also wanted
$2,000 in Attorney's fees.
Mr. Dougherty stated his recommendation would be to authorize the Staff
to make the, open offer of $5,200.00 .9.nd communi,cate to :them that the
Cound 1 concurred that the payment pf,Attprney I s fees was somethi ng the
City could not do.
..
The Finance and Administration Director, Chris Taylor explained to the
Counci.l how the payments would be applied to the principle and interest.
Mayor Johnson asked if Mr. Taylor had any reGords. that indicated the
policy that the prior Finance Director followed. He stated that a
,former employee had calculated the paving assessment that was being
questioned.
Mr. Taylor, stated that to the best of his knowledge the policy was
verbally past down to the other employees from the former Finance
,Di rector.
14
City Council Regular Session, March,23, 1992
105
Counci lmember .Duke,as,ked if the Staff had som~ sort of system for
tracking the outstanding liens.
Mr. Taylor stated that typically onc~,you have a lien attached to the
property, you wait for the property to sell. The norm(il procedure was
to send out collection notices when the payment became due.
Moti on was made by Gounci .1 member Lang ~seconded by Counci 1 member
Kelly to accept the Finance Director's calculations as the amount to
settle the' outstanding ,paving assessment with no provision for legal
fees. ' "
.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci 1 members Ke lly, Du ke and
Lang
.None
None
PAYMENT FOR ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS:
@
Consideration was given to the payment of $3,214.80 to Langford
Engineering for providing engineering services.
Motion was made by Councilmember Duke, seconded byCouncilmember
Lang to approve payment. of $3,214.80 aspresenteci.
; i
The motion was voted on with the following result:
Voting Aye: " Mayor: Johnson, CoQncilll)elllbers Kelly, Duke and ,
Lang
Voting Nay: None
Absent: None
HARRIS COUNTY APPRAISAL DISTRICT PAYMENT:
Consideration was given to the payment of $8,188.00 to the Harris
County Appra isa 1 Di stri ct fordiS valorem tax serv ices.
Motion was made by Councilmember Kelly, seconded byCouncilmember
Duke to pay Harris County Appraisal District the $8,188.00 for ad
valorem tax services.
The motion was voted on with the following result:
n
-<--J
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council members Kelly, Duke and
Lang'
None,
None
15
City Council Regular Session, March'; 23,,1992 "
FUEL STORAGE AND REMEDIATION:,
Consider~tion was given to fuel storage tank installation,
remediation, payment of $128,190~75 to Dup's:, Inc. and
reimburs~~ent. ' ,
Mr. Menville stated that this payment consisted of previously submitted
invoices plus new invoices submitted' by Dup's,Inc.
Mr. Burns presept.ed an, update on the' reimburseme!ntprocedure. He
state:tl;;,::tha'f~IftT'l 'was in order, the City should be receiving a portion
of the reimbursement within 30 to 60 days.
Motion was made by Councilmember Kelly, seconded by Councilmember
Lang to make the payment of $128,190.75 to ,Dup's, Inc.,
~ i '
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, CQuncilmembers Lang, Duke and
Ke 11 y
None'
None
PAYMENT FOR WAKE FOREST GROUND STORAGE TANK CONSTRUCTION:
Consideration was given,to,the payment ,of Estimate No. 4 in the amount
of $79,864.18 to Nunn Constructors for work performed (month of
February, 1992) in 'construction of 2 ground storage tanks.
Dieter Ufer of Langford Engineering stated:that he found the estimate
to be in order and that he recommended payment.
Motion was made by Councilmember Duke, seconded by Councilmember
Lang to authorize payment of Estimate No. 4 in the amount of
$79,864.18 to Nunn Constructors.
The motion was voted on with the following result:
Voting Aye: Mayor Johnson, Councilmembers Lang, Duke and
Ke 11 y
Voting Nay: None
Absent: ' None'
REGULAR MEETING CHANGE:,
Consideration' was given to the~irst and final reading of Ordinance No.
1421 (AN ORDINANCE CHANGING THE REGULAR CITY COUNCIL MEETING DATE FROM
APRIL 13, 1992 TO APRIL 6, 1992; AND DECLARING AN EMERGENCY.)
Motion was made by Councilmember Lang, seconded by Councilmember
Kelly to adopt Ordinance No. 1421 as written.
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City Council Regular Session, March 23, 1992
107
The motion was voted on with the following result: -
Voti ngAye:, Mayor Johnson, Counci lmember Lang, Duke and
Ke lly
Voting Nay: None
. Absent: None
FINANCIAL ASSISTANCE:
Consideration was given to the relocation of a sanitar-y.sewer,service
line and terms of financial assistance. .
Mr. Taylor stated that the City had a policy in place to provide
financial assistance to residents who could not afford to relocate
their sewer service line. He stated that the particular individual
must provide the City with information about their income and they must
have applied for a loan from a financial institution and turned down.
Mr. Taylor recommended the "City,. set the interest rate at the prevailing
one year treasury bill bond equivalent yield which as of Thursday,
March 19, 1992 the yield was 4.68%. He stated the citizen shall make
payments annually begi'nning on the on~ :year anniversary of the
completed work and,'eachyear followi.ng for five years.
Motion was made by Councilmember Duke, seconded by "Councilmember
Kelly to approve financial assistance, and Hen and certificate of
completion in substantially this form with specification that the
interest rate be 4.68% simple interest.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
'Mayor Johnson, Councilmembers Lang, Kelly and
Duke
None
None
RESIGNATION OF CITY HEALTH OFFICER:
Consideration was given to the acceptance of the resignation of the
City Health Officer, Dr. Larry K. Pickering.
Motion was made by Councilmember Kelly, seconded by Councilmember
Duke to accept the letter of resignation of the City Health Officer and
issue a letter of appreciation for his service.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Kelly and
Lang
None
None
17
City Council Re'gular Session, March>23, 1992
CITY COUNCIL MEETING :MINUTES~
Consideration was given to the minutes of the workshop and, regular
session on March 9, 1992.
Motion was made by Councilmember Lang, seconded by Councilmember
Kelly to accept the minutes as written:
The motion was voted on with the following result: '
VotingeAY~:
Voting Nay:
Absent:
Mayor Johnson, Councilmember.s Lang, Duke and
Ke 11 y
None
None
COUNCIL COMMENTS:
Mayor Johnson stated that he received,a "letter of appreciation for the
Houston Tennecd Marathon.
With no further business to come before City Council at this time,
motion was made by Councilmember Lang, seconded by Councilmember
Kelly to adjourn.
The meeting adjo~rnedat 10:55 P.M:-
Kaylynn Holloway
City Secretary
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~tt F. Jo on
Mayor " '
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CITY COUNCIL WORKSHOP SESSION
TUESDAY, MARCH 31, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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The City Council convened in workshop session in the Municipal Building
(3800 University Boulevard), on March 31, 1992. Mayor Whitt F. Johnson
presiding, Councilmembers Bob Kelly, Cullen Duke and Janice Lang were
present. City Manager Mike Tanner, City Attorney Jim Dougherty,
Building Official Ed Beasley and City Secretary Kaylynn Holloway were
also present.
DISCUSS TREE PRESERVATION ORDINANCE:
A discussion was held to consider tree preservation and the enactment
of an ordinance to ensure it.
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Mayor Johnson invited Linda Day of the Tree People to start off the
meeting.
Ms. Day began the meeting with a two minute film about tree
preservation in the City of West University ,Place.
Mayor Johnson recapped the previous actions and decisions oy the City
Council concerning tree preservation.
Mayor Johnson asked Ms. Day'to r,evi,ew:the ordinance as The Tree People
had suggested and to point out the changes her group was supporting.
Ms. Day stated the ordinance was essentially the ,same as the way the
City Attorney had drafted it. Their additions to the tree ordinance
were in the shaded captions and they also made some strike outs. She
stated the big differencewas.on.page 3 of the tree ordinance which
dealt with the tree permit area. She stated the Tree People felt very
strongly that the tree permit area should include all the land within
the City of West University Place including back yards. She added that
this was a way of protecting. a person1sprivateproperty,rights. She
stated that if you were a resident and you had a tree in your backyard
but it was close to the lot line, and your neighbor began to build,
that builder hasAree rein, to tear up the roots a 11 he wanted to, so
your tree could possibly die. She stated that there was no protection
,to prevent this, from',happening., She stated that tree. roots spread out
and the only way to protect everyone's privacy was to protect all the
land and have a person who was educated and reasonable in the way of,
enforcing and carrying out the provisions. She added that. the Tree
People felt the need to include all of West University Place and not
try and, fence off certain areas.
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Ms. Day stated,thatanother.essential change was toe definition of an
urban forester. She added that the definition as written means a
person so designated and acting under this Article. She stated that
Minutes of City'Council Meeting, March 31, 1992
110
this allowed the City Manager to designate the Fire Chief or anyone
else as the urban forester. The Tree People felt it should be someone
qualified, holding a bachelor's degree and trained in forestry. She
added that for that reason, they brought Mr. Gabriel from Texas A&M who
was interested in the position. He had a BS in urban forestry and was
working on his Mastersqand had carried out projects with tree planting.
Ms. Day pointed out on page 5 of the tree ordinance another important
change that she felt was applicable to City projects. She stated that
the City oVer the next twenty years was 1 ooking> 'at. 50 million dollars
worth of new streets, gutters and sewer projects which put the Public
Works department in an incredible position to destroy all of the .street
trees if they are without some keen oversight and some planning to
prevent this. She stated that they would like the ordinance. to apply
to City projects which would be a key responsibility for an urban
forester on the City staff to overseethi s wor,k and to make sure that
West University Place in twenty years from now, still had the shaded,
tree-lined streets that were here today. Ms. Day stated that in terms
of paying for salary and benefits for an urban forester, they estimated
the cost to be around $35,000 a year.
Ms. Day stated that on replacement trees, they would like to use the
criteria manual with guidelines set forth and have an urban forester
make the decisions on the,replacementitrees.Sheadded they wanted
decisions to be flexibleandasrea.sonable as possible. On page 7, Ms.
Day stated they struck out the minimum size of replacement trees Oi,"
because ifsomeonewas:cutUng down sick, ugly tallow trees then the
replacement of those trees should not have a size requirement.
Ms. Day stated they changed the requirements for an urban forester on
page 8. They changed the ordinance to a:llowthe City Manager to either
hire an urban forester or designate a City employee. She stated that
the ordinance didnot.require the City to hire an urban forester but
did not prevent it either. The Tree People also changed the referral
of duties on page'g of the tree ordinance. Ms. Day stated that the
building official should be required to refer tree surveys, tree
disposition plans and applications for tree permitstoa designated
urban forester.
Jeff Jordan of the Tree People asked Ms. Day who had the final s'ay on
the referral duties.
Ms. Day stated that the way the ordinance was setup the building
official would have the final say but they would prefer the urban
forester to be'on an equal leveland,have>a .sayon the. final decision.
Mayor Johnson stated to Ms. Day, that she did not mention anything about
site surveys. He asked her if that was satisfactory.
Ms. Day stated that the site survey.was acceptable. Sneistated that
she was only mentioning areas where the Tree People had changes
to the ordinance. She added that they were encouraged because mO$t of
the ordinance looked good.
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Mayor Johnson read a document he wrote expressing his personal opinion
about the tree preservation ordinance. He stated that much time,
consideration, thoughts, effort and expenditure of personal funds had
been involved in preparing a document to provide for protection of
existing trees and shrubs to be planted in the future. The City had
expanded an unusual amount of dollars for payment of fees to the City
Attorney for conferences and preparation of materials on the subject.
Mayor Johnson stated that Linda Day, Jeff and Deanna Jordan, Susan
Kasper, Virginia McNeely and numerous others concerned themselves with
the preservation of trees in West University Place and formed a group
known as "The Tree People" which have publicly endorsed and made known
their wishes about the preservation of trees. They are due much credit
for fostering this innovative idea.
Mayor Johnson stated that he extracted the following information from
the March Arbor Day Foundation. The title is "The Right Tree For The
Right Place". Mayor Johnson read as follows: Any friend of trees can
list the many benefits of trees -shade, beauty, windbreak, privacy,
cleaner air, less noise, less glare, and higher property values to name
a few. But the key to these benefits is to select the right tree and
plant it in the .right place. The right tree in the right place not
only as~ures a lifetime of satisfaction, it also keeps maintenance
costs low.
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Mayor Johnson stated that one can confidently say that 95% of the
property owners of our City would endorse some form of tree and shrub
preservation. He.added that he believed that each member, of the City
Council would agree with that. Additionally, one can emphasize that it
would add to the value of property if the right trees were placed in
the right"place :and maintained.
Mayor Johnson stated that'in his opinion there were three unresolved
.i.ssues. "One was the criteria manual which the question arose "should
the manual be acfopted'in total or should it be revisedandmoditied?"
He'stated he did not know whether the total manual was' applicable to a
City the size of West University':Place.- .:He stated the next section was
the urban forester and the third issue was the protection of. trees in
the backyard.
Mayor Johnson stated that the zoning ordinance should probably be
amended to permit the use of rear lots for construction where existing
trees are located. The City had a high, fee .schedule and a system of
approving plans and issuance of a certificate of occupancy whiGh takes
6 to 8 days which in some cases had discouraged many builders. Mayor
Johnson presented a fee schedule prepared by the Building Official. He
stated that the new residence permit costs for a 3,344 square foot home
en a,50' x 150' lot that would normally sell for about .$160,000
totalled $3;635.65 for per.mits to build a house. He stated that if you
. add the $2,,500 for an urban- forester: the cost would be about $6-,100.
Susan Kasper stated that from the multiple listing service from January
1991 to February 1992 there was a total of 147 homes listed as new
3
Mi nutes of Ci ty Counci 1 Meeti n9, March 31, 1992
construction sold in West University Place. The average sell price was
$394,000 with a high of $700,000 and a low in the $100,000 range.
Mayor Johnson stated the permit cost was devised on the square footage
~f the house not the value of the house.
Mayor'Johnson stated that to put an urban forester on staff the cost to
,the City would be their base salary plus an additional 40% for benefits.
Ms. Day stated the cost would be approximately $35,000 a year.
Mayor Johnson stated that the City Manager strongly recommended that
the 'Ctty 'not put another person on the staff. He added that the City
had so much need for other people. in other positions. Mayor Johnson
stated that he hoped that this City Council would very soon make a
decision to call an election for a $10 to $11 million dollar bond issue
and when they do, it would raise the residents taxes. He stated that
they projected 150 new homes would be built.in 1992 but with the
recession there will probably only be around 120 new homes built.
Ms. Day stated that those were all the reasons why the City should put
an urban forester on staff. She stated that ,the urban forester,' s '
salary would be paid from building fees not from taxes and that the
City had so much to do they did not have the time to monitor trees.
Mayor Johnson stated that the Tree People had a statement in the
ordinance that they wanted permits reviewed and a publi.c hearing with
the City Council. He added that the staff does 'not have time to do
that and that would be taking the authority away from the,City
Manager. He stated that this City was operating on a Mayor/City
Manager form of government and that would be the City,Manager's
responsibility not the City Councils.
Ms. Day agreed wi th Mayor' Johnson. She s,tated that the permi ts waul d
be ana'lyzed by the forester,rev'iewed and approved by the Building
Official. If there was a disagreement, it would be handled by the,City
Manager. If there was an appeal then it would go through normal,
channels. She stated that there was no reason if a person was
knowledgeable about trees and reasonable with their decision should
there ever be a problem.
Mayor Johnson stated that'he felt there would be a problem. He a'sked
the City Attorney if the zoning ordinance was encompassed in one
ordinance.
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City Attorney, Jim Dougherty stated, that the zoning ordinance dici have
requirements for qualified trees in it but generally they were that you
must have a certain number of trees, which were "must plant rules". He
stated that the ,tree ordinance primarily was a "don't cut down
ordinance" and was operating in different areas. He stated that you I
CtOhUldt consh?lhidate tthhemdbuf~ ~ht:re wafS a"linkl.fi~ tdhtiS o~dinManceDbetwheent i I
e wo w 1c was e e lnl lono. aqua 1 le ree. r. oug er y
stated that it was much more difficult to amend the zoning ordinance ~
but the tree ordinance could be adopted by the City Council. He added
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Minutes of City' Council Meeting, March 31, 1992
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that if the Council moved forward and adopted the ordinance, they could
make sure there was no conflict between the two ordinances. Further,
the next time the zoning ordinance was amended, consideration might be
given to removing anything related to trees that was already in the
tree ordinance.
Mayor Johnson stated that he was concerned that someone might contest
the zoning ordinance.
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Ms. Day stated that one possibili,ty might be to have a landscape
ordinance that would have requirements for planting trees where there
were no trees or guidelines on spacing for the visibility triangle.
She added that this could be something that an urban forester on staff
could help draw up.
Mayor Johnson stated that the City Attorney had already made provisions
for the viSibility triangle in 'the, tree ordinance. '
Larry Massey, a resident at 3032 Plumb, stated that most of the tree
ordinance was intended to preserve big trees during building. He
stated that considering the number of trees that were in West
University, an urban forester could work with residents, many of whom
were new to 'this' part of the country, and inform them of the proper
care of these trees. He stated that at a minimum, the City needs to
have the. urban forester~n a retainer so the citizens could access that
expertise.
Mayor' Johnson commented .that the City of Bellai.re was anxi.ously_,
awaiting tosee<what ,kind of ordinance our,City wasgo.ing to adopt and
they have requested. a; 'copy when it is put: into effect. He stated that
maybe the Ci,ty, of ~BelTaire and the City of Southside wo_uld be willing
to join our City on ,an urban forester.
Ms. Day stated, that a 'few of the duties of an urban forester could be
the site .ins'pectionplan, monitoring, compliance during' construction,
overseeing city parks, developing overall master tree planting plan and
develop educational mater.;ails.. ; She stated that it would be as,ervice
and a fantastic publ ic r.elati:ons ,tooa. , ,
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Mayor Johnson stated ,that with every park plan, theC,ity engaged ,a very
competent. person to prepare' the plans and. pa i d Ii s i zeabl e sum of .'
dollars for that service and an urban forester could not dO.that.He
stated that it took a landscape design engineer to"prepare the plans
and specifications and an urban forester does. not have those.
qualifications.
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Mr~ Massey, suggested that one idea would be to'obtain grant money for
half of the salary for the urban forester for three or four years and
he asked if the City would be willing to match the salary.
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Mayor Johnson commented ,that he thoughtthatwas,an excellent idea,but
did not feel the City, should, have' an on, staff per.son. , He stated.;that
the City had. committed to,a lot of projects and was becomi.ng.strapped
for cash.
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Minutes of City Council Meeting,.Marc~ 31,1992
114
Ms. Day s ta tedtha t there was $17,000 in the Ameri ca the Beautiful IUI
Grant, which she understood half of that was matching City fU,nds, but
it was still, designated for.an urban forester project and if that was
not spent the City would not get other grants. Further, the price of a
staff 'urban forester could be paid through permit fees.
Councilmember Duke stated that the permit fees were nothing more than a
hidden tax. It still comes out of the citizen's pockets.
Ms. Day stated that it was less than one-tenth of one percent of the
cost of a new home in West University. Place.
Diana Freeman of the Tree People, stated that this was much less than
having an individual hiring their own urban forester and than replacing
all the trees that were lost anyway. .
Councilmember Duke stated that Ms. Freeman was assuming an urban
forester, that the City would pay for with these fees, could do
everything an individual would do' if he went out and hired his own. He
stated that this should be the responsibi)ityof the private property
owners.
Mr. Gabriel, a graduate student in urban forestry from Jexas A&M,
stated that.anurban forester that. was on staff with the City would act
asa consultant, but would not be someone who, would actually go out and
purchase the chemicals and apply them to the tree.
Counci'lmember Duke stated that was hi s point exactly, that if the City
was going to .save the trees, they were nots'avingthe ,people, any money
anyway, because first the resident was going to pay ,a $250 fee and the
urban forester' was going to tell them to go hire someone. else to apply
the chemicals and it would not be done for free. '
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Mr. Gabriel stated that an urban forester would work with the people
during construction and try to prevent the problems.fro~ happ~ning.
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CouncilmemberDuke stated 'that the Tree:People were promoting an urban
forester as a panacea for all the problems that the City was having
during construction and they were saying that this $250 permit fee will
take care of.this and no more money will have to be spent. He stated
that he. did not believe that this was the case. In some cases,the
. tree was go;,ng to be affected and in addition to, paying this $250"
someone else" outside the City, would have to be hired to protect the
trees and do the prescribed treatment.
Councilmember Lang stated that the difference in having an urban
forester on City staff would be that they would be able to intervene
with the builders and stop work that day. .
Councilmember Duke stated that he did not think the City needed an 0'
urban forester on staff to see a bulldozer backing into a tree. The
City could state in an ordinance that was a prohibited action and the
work could still be stopped. He stated that the currentordinq.nce
needed some strengthening but it all came down to enforcement which had
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Minutes of City'Councll Meeting, March 31, 1992
115
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been a big problem with the current ordinance. He stated that merely
adding an urban forester did not necessarily do anything for
enforcement. '
Ms. Kasper stated that she had a45 year old tree on her property
line. She asked if she was suppose to come up with the $5,000 to
protect her trees because the builder chooses to build next door to
her. She asked what are her rights were. , '
Councilmember Duke stated that he split the cost with his neighbor
because hi s trees were on the property 1 i ne and the tre,es benefi ted
both of them equally.
Ms. Freeman ,commented to Councilmember Duke that he needed to loqk. past
his own situation and look at the City overall and keep in mind what
was happening to the City.
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Councilmemper Duke stated .that he was considering the entire City and
the Tree People did not see the number of disputes that the, City
Council saw which was neighbor against neighbor. He stated that we
solved those problems by going to court or by putting the City in the
middle or. taking the decision away from the individual which would only
cause more disputes, particularly if the City started going into the
backyards. 'He stated that the Tree People needed to think about the
overall City and the impact on everyone involved.
Ms. Day stated that Councilmember Duke had a good point. She stated
that the City could have two options. They could say hands off and
have a free enterprise system ,and let everyone fight it out. But the
result of this was that wewould,lose most.of the urban forest of the
City of West University. She stated that this was the current
situation. Another option would be to have the City step in which
would be with an effective tree ordinance and have a staff expert who
could go out and talk to all parties and resolve it amicably.
Councilmember Duke stated that an urban forester could not do this. He
stated that the most. complai,nts"he received when he was campaigning was
.serious problems with our building department because ,similarly
situated people did not get the same results. He added that people
wanted certainty, more than anything.
Mayor Johnson asked,Councilmember Kelly to voice. his opinion.
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Councilmember Kelly stated that he agreed with Councilmember Duke that
whatever ordinance or rule was pa~sed it did tend to putp~ople at odds
with each other. But he stated that he remembered the City of West
University that he had moved to back in 1975 and watched the changes,
and the trees were part of that past that he wanted to preserve.
Mayor Johnson stated that the builders were "not de,stroying trees as
much as they were and that he did not see all the trees dyi ng that Ms.
Day indicated.
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Mi nutes of Ci ty Counci 1 Meeti ng ,'. March 31, 1992
116
Ms. Freeman told the Mayor that the 'trees on the 2900 block of
Robinhood were dying because of construction a year ago.
Councilmember Kelly stated that with all the inspections and codes that
the City h'ad today woul d create better and safer homes. He stated that
wit~ th~ urban forester, it Was a question of priorities on whether we
decide 'to protect the trees or not. He stated that he had hoped that
the urban forester could be on a consulting basis but in reality. it
would be far cheaper to have someone on staff. Councilmember Kelly
s ta tedas far as protecting the trees in the bac.kyard, an urban
forester could. advise someone on a particular action ,they were taking
in their backyard that could kill their tree.
Mr. Jordan stated that if the City got a person on staff,thatwas
supposed to be reporting to the :Cityandwanting to protect his job,
they may not report all the problems.
Councilmerrtber Kelly stated that the City Council could expound to the
Staff a policy that they would like to 'seecarriedout and enforced.
Ken Currie stated that he sees the tree ordinance as a whole lot of
work up front. He suggested that with an urban fore.ster, the City could
define a time period that the City could not do without'one, set a
minimum co'ntract subject to renewal in3 to 5 years or,whatever 'is
reasonable.
Councilmember,Lang stated that she was in favor of hiring an urban 'J' I
forester. She added that the forester would not be a threat to
'property owners and that she viewed this as a service. Counci'lmember
Lang stated that'the rules should apply to all trees in West University.
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Ms . Day asked the Counc il ' if Mr. Gabriel could ,tell themali tt 1 e about
himself and his career.
Mr. ,Gabriel stated that he had a degree in forest management of a rural
environment but he also majored in urban forestry. He stated that he
had five years experience working during college. He stated that an
urban forester on staff would be able to give the landowner different
options, whereas an urban forester as a consultant would be more
inclined to give biased opinions and he could charge individual rates.
Jerry Nickell stated that he viewed this as an opportunity for the City
to put this together and sell it to the builders as a benefit and not
as a nuisance. He stated that for an. urban forester to do a service
for the builder at no charge would be an added incentive to come to
West University. He stated that this should be a selling point and not
a problem. ' , '
City Manager, Mike Tanner stated that he did not think that the
Inspection Department had failed to do its job. He stated that the
major problem was density. The City was trying to do an awful lot with
an awful little. He stated that the City could hire ten urban
foresters but we are still going to damage and kill trees as long as we
permit the biggest house we can possibly build to be built on these
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Mi nutes of Ci tY' Counc1 1 Meeti ng, March 31, 1992
117
small lots. He stated that he personally felt that the City should
try to obtain a consultant. He stated that he was not opposed to '
employment if the City chooses to move to real control and they find
the contract work was not effective.
Building Official, Ed Beasley stated that he was not clear on what was
going to happen. He asked if the City was going to have a survey that
shows every tree on the lot and if the builder was going to submit a
plan to build a house that was going to take down 8 trees, do you say,
"No you can not build the house?"
Ms. Day stated that the forester would suggest the replacement of trees.
Mr. Beasley stated that if you are going to only require replacement
than the builderxwas going to 'take his biggest option which would be to
take down all the trees and replace them later. He added that there
may not be anymore room on that lot for replacement trees.
Ms. Freeman suggested requiring the builder to put the trees on another
lot that did not have any trees.
Mayor Johnson asked the City Attorney if he had enough information to
form a consensus.
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Mr. Dougherty stated that he could not tell if there was a consensus on
the issue that they.talked most about which was an urban,forester. He
suggested adopting the strategy. of separating the issues in the
ordinance because there was a consensus' on a lot ofthei ssues and ,the
City 'could move forward with those. ' He added they could neutralize the
issue of an urban forester because the ordinance did not require the
City to hire a full--timeemployee.
Ms. Day asked about the protection of all trees because that was an
issue that they would not compromise.
Mayor Johnson stated that if the Tree People did not compromise, they
may not get an ordinance.
Ms. Day stated that they would get an ordinance sooner or later.
Councilmember Kelly stated that this ordinance left the City with'
all the options. He told Councilmember Duke that he woul~ be making
the commitment to the need of an urban forester by adopting this
ordinance.
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Councilmember Duke stated that he was opposed to an ordinance that
provided in anyway for an urban forester because he felt it would only
be a matter of time before the City would have someone on staff. He
stated that this City Council went through some very painful cuts last
year eliminating some positions and now the City Manager had come back
with some very important needs like infrastructure. He added that the
Council was not addressing those needs and until the Council had
evaluated those than it was premature and was doing a disservice to
consider adding an urban forester.
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Minutes of City Council Meeting, March 31, 1992 .
118
Mr. Nickell asked Councilmember Duke if developing Liberty Hill
Park would be one of those priorities.
Councilmember Duke stated that the City, had a lot of people,who
wanted additional greens pace and the City Council had spent a lot of
time 'talking about trees~hen the Councilshould'probably move on to
more important items.
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Councilmember Kelly stated ,that he would be in favor of following
the recommendation of the City Manager and start off with an urban
forester on a contract basis.
Mr. Tanner stated that he would like to investigate the use of a
consultant. . But he added that if the Staff finds at any point that it
would not work and could not be brought together and this. City made the
decision to go forward with preservation and ,real control, what we
would call management, than he stated that he would be ,the first to say
employ somebody if that was what it took to get it done right.
Councilmember Duke stated that everyone should take a more positive
approach in getting people to plant trees.
Ms. Freeman stated that the Tree People were formed to protect the
existing trees not to replant trees.
Kyle Pentecost stated that ,he was all for protecting trees but that
every time the,City did something they kicked the poor citizens that
were going to buy into this City. He stated that the builder was not
going .to pay the fees so the new resident would be forced to pay.
Motion was made by Councilmember Kelly, seconded by Counci)member
Duke to adjourn. The meeting adjourned at 9:45 p.m..
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Ci ty Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, APRIL 6, 1992
MUNICIPAL BUILDING
, 3800, UNIVERSITY BLVD.
7:30 P.M.
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The City Counci 1. convened in regul ar sess ion in the Muni ci pa 1 Bui 1 di ng
(3800 ,University Boulevard) on April 6, 1992, with the fOllowing
members present: Mayor Johnson; presiding; Councilmembers Bob
Kelly, Cullen Duke and Janice Lang. Also present were the City
Manager, City Attorney, the Public Works Director, the Police Chief,
the Finance and Administration Director; the Building Official, the
Fire Chief, Deputy Director Public Works/General Services and the City
Secretary. Mayor Johnson delivered the invocation and Councilmember
Lang 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.
o
John Drye, a resident at 3931 Browning, expressed his objection to
the expansion of Liberty Hill Park., He stated that Councilmember
Kelly and Duke had told him that the closing of College Avenue and
the 'purchase of the Pray's property were unrelated or separate issues
altogether. He requested that the Councilmerrtbers restate that for
the record. He also inquired',a,s :to the amount of square footage of the
property that was bei ng pur,chased for the $50,.000 and al so when the
survey of that property wou'ld'be:.av:ailable.
" ,
Public Works Director, Ed Menville stated that the area of the property
to be purchased was approximately 5100 square feet and the survey was
being prepared by TaraSurveying Company for the purpose of preparing
a plat and should be available, by 'Friday of"that week.
, '
Mr. Drye asked if he, coul d have,' for the record,' the stated use of
the property from Councilmembers Kelly and Duke.
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Councilmember Kelly stated that he did not knowi.f the purchase of
the Pray's property and the,closjng,of College Avenue were unrelated
but that all the City.Council ,had.,done, at' this. point, ,was to vote on
the acquisition.of. the ,property. He stated that they would have to
have a thorough study before~they.would consider closing College
Avenue. He stated that there was no commitment, as of yet, by the City
to close College Avenue and make, it part of the Pray's. property.
Pam Cocavessis,a resident, in Be]]ajre'and, a proper.ty owner at 3819
Sunset, stated that she came before Council on behalf of herself and
other homeowners in West University' Place who. opposed the existing plan
for the expansion, of-Liberty Hill Park and, Council's handling of the
matter. She stated' that she was sick. and tired of being,b~llied by the
neighborhood's big bambinos. She stated that as elected officials, the
City Council was suppose'to represent. and uphold; the public interest
City Council Regular Session, April 6, 1992
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and the democratic process . She asked how it was that the Liberty Hi 11
Park issue which had been addressed by ,Council, on and off for the last
two years, only recently receivedahypublicity. She asked why it was
that residents were unable to recalL reading anything about this issue
in any of the City's publications. She asked why Bill Pray was so
angry that he was willing to hunt her down whiTe she was circulating
this statement in the neighborhood and call her vulgar names, make
diisparagingcomments.about her husband and followherwhHe yelling out
the ,carwi'naow. She asked Mayor ,Johnson why"did, Pray's wicfeand".the
wife of West University's "best'Counctlman" th;.nk that it was okay to
follow in Bill Pray's footsteps and ,threaten. and harass.her only
minutes after Mr. Pray had left. She stated that to put it bluntly,
'~What,thehellis going on?1I
Mrs. Cocavessis stated that two yearscertainly..gave Council enough
time to research the issues related to ,expanding Liberty,Hill Park but,
in fact, the City Council voted on March 9 to purchase approximately
4900 square feet of property for which they had no survey. She asked
the Council if they were aware that part of the property which they
agreed to purchase was property for which it appeared that part of Bill
Pray's house and garage was sitti ng.' She asked ,Council if they knew
this was in violation of City Ordinance Number 1298. She stated that
to resdlve the identity crisis for this ,poor little piece of land, she
asked if :it ,was park space or was,itgreenspace,iindependent of
Liberty'HillPark. She stated that a ,letter dated March 13,1992 from
Bill and Diane Pray to Mayor Johnson and Council members which stated '
that the sale. of this propertYiwas contiflgentupon ,the buyer offiCial1y'~1
designating the conveyed tract asa .park',andcombining, the conveyed u
tract with ,the existing L ibertyHi ll, Pa'rk located' on College Avenue.
She stated that it sounded to her that the City council had,defininte
plans to close College at Bissonnet and to turn that greens pace into
i.ll-advised park space.
Mrs. Cocavessis,askedCouncilmember Kellyhowheicouldvote to
buy this property when on each page of;the;1990, petition was a
statement which said "whereas greenspace could now be added without
additional land expense to the City".
Mrs. Cocavessis stated that on February 10, 1992 the maj'ority of the
residents and homeowners that spoke at the public heartngAorLiberty
Hill Park opposed the existing,plan. She stated that prior to
Councilmember vote to purchase the property, she wrote a 'letter to
CounciTmembersDuke, Kelly and Lang urging them to temporarily
stop progress on the expansion plans for Liberty Hi 11 Park and to
re-evaluate the cost and benefits the project represented to the
community. 'She stated that subsequently the letter was publi shed in a
February issue of The Newspaper. She stated that right q.fter the vote
to'buy Pray's property she triedto'contact theCouncilmembers.
She commented that she was 'abl,e to;talk. to Mayor . Johnson and
Councilniembers Lang and Kelly but she stated that Counci lmember
Duke did not return her phone call. ,She stated that with the exception
of Councilmember Lang, how was, the Councilmember1s actions to be
interpreted. She asked if they were insensitive to neighborhood issues
and if their opinion counted more than resident's opinions. She
City Council Regular Session, April 6, 1992
121
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stated that common explanations could not account for Council's vote to
purchase Bill Pray's property. She stated that considering the
evidence that advised against the purchase of this property and against
the expansion of Liberty Hill Park, the Councilmember's vote was a
complete mystery. She ,added that, what was nota mystery, was the
significant voting power represented by those who were opposed to what
she called a park catastrophy.
Mrs. Cocavessis read to Council ,the petition that was circulated and
signed opposing the purchase of the land and the expansion of Liberty
Hill Park. She stated ,that she had 144 signatures on the petition, who
were registered voters and had no signatures of children on it. She
presented the petition to Mayor Johnson.
Mayor Johnson stated that he acknowledged receipt of the petition and
stated that the City council would take it under consideration.
Duke Landry, a resident at 3756 Rice Blvd." stated that he had
contacted over 25 people in the 3700 block of Rice Blvd. and all the
people were asking why was the ,City Council 'disturbing Liberty Hill
Park and asked if they would leave it as is.
JUNKED VEHICLE ORDINANCE:
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Consideration was given to the amended second reading of Ordinance No.
1419.
Mayor Johnson read the Caption of the ordinance as follows:
ORDINANCE NUMBER 1419
AN ORDINANCE, RELATING. TO JUNKED VEHICLES AND PARTS ;OF VEHICLES:.,.
AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
Copies of the Ordinance Number 1419, in'the form required for adoption,
were available to all members of the City Council.
Councilmember Duke asked if the ordinance would become: effective 10
days after publication. He asked 'Chief Gtiffith if he had',$ome
vehicles in mind.
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Motion was made by CouncilmemberDuke,. seconded by Councilmember
Lang to adopt Ordinance Number 1419 on the second reading.
The motion was voted on with the following result:
Voting Aye: Mayor Johnson, Councilmembers Lang,
Kelly and Duke
, Voti ng Nay:' . None
Absent: None
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City Council Regular Session, ApriT6, ,1992
ALARM ORDINANCE:
,Consideration was given to the 'second reading of Ordinance Number 1420.
City Manager, Mike Tanner stated that the City was ,no longer in
compliance with the State statute and this ordinance would bring the
City in compl iance. .
Mayor Johnson read the Caption of the ordinance as follows:
, \ .' ~ J , ; ,
ORDINANCE NUMBER 1420
AN ORDINANCE RELATING TO ALARM,.5VSTEMS; 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 1420, in the form required for adoption, were
available to all members of the City'Council.
" ,
Motion was made by Councilmember Lang, 'seconded ,by Councilmember
Duke to adopt Ordinance Number 1420 on the second reading.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke
and Kelly ,
None
None
ELECTRICAL ORDINANCE:
Consideration was given to the fi'rst reading of Ordinance Number 1422.
Mayor Johnson read the Caption' of the ordinance as follows:
, ORDINANCE NUMBER 1422
AN ORDINANCE RELATING TO THE ELECTRICITY AND ELECTRICIANS; AMENDIND
THE CODE Ot 'ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND
CONTAINING FINDINGS, AND PROVISIONS RELATING TO, THE SUBJECT.
Copies of Ordinance Number 1422, in the form required for adoption,
were available to all members of the City Council.
Building Official, Ed Beasley, stated that the only change was to
allow the Electrical Board to specify their own test instead of the
City's test.
Motion was made by Councilmember Duke,: seconded by Councilmember
Kelly to adopt Ordinance Number 1422 on the first reading.
The motion was voted on with the following result:
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City Council Regular Session, April 6, 1992
123
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Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Kelly
and Lang
None
None
BIDS FOR TELEPHONE SYSTEM:
Consideration was given to the bids received March 9, 1992 for
telephone system improvement. '
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City Manager, Mi:ke Tanner, stated that this was something that ,they had
talked about for a long time. He stated that the City could save about
$7,000 a year that they would have spent on Plexar.
Police ,Chief, Steve Griffith stated that seven of the bi~s did not meet
the bid specifications for numerous reasons. He stated that there was
four bids that did meet the criteria. He stated that the first thing
the staff looked at was the long-term cost and what Southwestern Bell's
cost would be to continue to operate the equipment. He stated that
they strived to choose equipment,that would minimize those costs.
Chief Griffith stated that the Staff felt that the AT&T system was the
most cost effective, efficient and reliable telephone system proposed.
He stated that the system was clearly the most functional in our
municipal environment, allowing staff to control all aspects of the
system. He stated the cost of the system reflected hardware costs .and
costs to replace existing cabling. ,He, stated that the Staff felt that
the replacement of cabling would be a wise investment. The system
should have a minimum life of 10 years. Chief Griffith stated that it
was cost effective to add the Police Department to the proposed
system. He added that by installing one central phone system for City
facilities, the City was able to realize a $420.00 monthly savings in
the amount paid to Southwestern Bell. He stated that AT&T was known
for reliability and prompt service. He added that quick response to
service problems was necessaryfor public safety functions.
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Chief Griffith stated that based on the long term cost of line service
and function of equipment, the Staff was recommending that the City
proceed with the purchase of an AT&T system at the quoted price of
$51,671.43 plus an additional cost of $6,466.47 to add the Police
Department for a total cost of $58,137.90.
Mr. Tanner stated that the Staff. felt that customer service was most
important and that they could improve the perception the public had
established for City Hall. He stated that the system would essentially
pay for i tse 1f .
Mayor Johnson asked the City Manager where he was proposing to get the
add it i ona 1 funds for the new telephone system. .
Mr. Tanner stated the Staff planned on using the $25,000 budgeted and
request appropriation of the remainder from, the general fund.
5
Ci ty Counci 1 Regular Session" Apri ',6, 1992
,..
124
Counci,lmember Duke asked if there was any salvage valu,e in the old
equipment or was this going to be a trade-in.
Chief Griffith stated that parts were no longer manufactured for the
old equipment but the Staff might try to auction it off.
Councilmember Duke stated that in terms ofbidrequirements,theCjty
was not recommending the lowest bid and he asked how this was different
from the normal bidding process.
Chief Griffith stated that in the request for proposal the City listed
the>three functio.ns to be, considered: ,which were ,rel.i,ability, function
and ,price and listed the percentage, of each of those. He stated, that
this legal process, gave, the.City flexibility.
City Attorney,JimDougherty,statedthatthiswas onlyava,i lable on
high tech procurement.
Kyle"Pentecost, a resident at 26D.6,Centenary,statedthat he wanted
to compliment the Staff on the wo.rk,t,heydid in determinjng the right
phone system for the City staff. He stated that the only qU,estion he
had was that the problem with a big company like AT&T was that they
were a proprietary type suppli.er., He:stated that they made tt and,they
serviced 'i t~,
Motion was'made by CouncilmemberKelly, seconded by CouncilmemberLang """,)1
to accept 'ithe recommendati onto go wi the the AT&T system and a,pprove the
purchase for the totalcostof$58,137~9D. and amend the budget to allow U
for funding. '
The motio.nwas voted on withthefd llowing result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, ,Councilmembers Kelly, ,Duke
and Lang
None,
None
BIDS FOR SCOUTHOUSE:
Consideration was given to bids received April 3,1992 for the
co.nstructi on of a new scout house.,
Mr. Tanner ~tatedthat the low bidder o.n the project was Purcell
Construction', Inc. of Humble, Texas with a bid of $139,500.00.
John Stone of Mitchell Carlson & Associates, Inc. stated that he had
received a list of completed projects along with a qualification
statement from Purcel L He stated that it appeared the. co.ntractor,
had completed projects similar,;n scope to. the Scout House,., He stated
that he had spoken with three architects who had worked with Purcell
on past projects and all three gave high recommendations of this
companyi n terms of their, abilJty, to perform ,and provide a satisfactory
finished product. Mr. Stone stated that Purcell Construction was
City Council Regular Session, April 6, 1992
125
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excited about doing the job because it. would be a very visible job for
them.
Councilmember Duke asked the City Manager what was in the budget for
the scout house.
Mr. Tanner stated that the funds were a carryover from. the previous
budget.
Moti on was made by Counci 1 member Kelly, seconded by Counci 1 member
Lang to accept the architects and the Sta,ff' s recommenda t i on and
amend the budget to go up to $150,000 and refer the bid to staff for
the preparation of a contract.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor ,Johnson, Councilmembers,Lang,
Kelly and Duke
None
None
BID OPENING FOR TRUCK:
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Consideration was given to bids for the purchase for a 3/4 ton truck
for the Public Works Department (Utilities).
Bidder
Net Bid
Charlie Thomas Autoworld
Jack Roach Ford
Knapp Chevrolet
Worthington Chevrolet
A.C. Collins Ford, Inc.
$15,730.00
$16,329.00
$14,500.00
$14,939.00
$15,409.00
Motion was made by Councilmember Duke, seconded by Councilmember
Kelly to turn the bids over to Staff for recommendation.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Kelly and
Lang
None
None
BID OPENING FOR POOL REPLASTERING:
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Consideration was given to bids for Colonial Park pool replastering.
Bidder
Net Bid
Watts Pool Company
$58,300.00
7
City Council Regular Session, April 6, 1992
Alternates 1
Alternates 2
'Alternates 3
, 1,725.00
1,500.00
11.00 per foot
Mayor Johnson asked what the specifications .called ,for and who pr.epared
them.
Jerry Burrrs; Deputy Director of Public Works, stated ,that the
specificatiohs' were taken from the old ,specifications that were done in
1985 and 1986. He stated thatthey..reviewed and updated the
specifications. He added that the Col.onial Park pool needed some
gutter and joint work done to go along with the replastering. He
stated that, only two compa.nies attended the, preJ.bidconference., Mr.
Burns stated that the City discouraged all the smaller companies
because of-the bonds, but, on a $25,000 job the City had to have the
bonds.
Mr. Tanner stated the staff was requesting time to review the bid and
discuss the situation. He added that the staff would probably
recommend that the City delay the project a year.
Councilmember Duke stated that the bubble was being removed on the'
;26th, so, for all practical purposes the project would be delayed.
Motion was made by Councilmember Lang, seconded by Councilmember
Duke to refer the project to staff for a report in three weeks.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang,. Duke and
Kelly
None
None
BID OPENING FOR FUEL:
Consideration was given to bids for the purchase of fuel (gasoline and
diesel) ,
Bidder Net Bid
Allied Petro, Inc. Rack price .84
Differential .04 for unleaded
.04 for diesel
Total Selling Price ~9381 Unleaded
.7786 Diesel
South Coast Energy, Inc. Rack price .84
Differential .0107 Unleaded
.0196 Diesel
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City Council Regular Session, April 6, 1992
127
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Total SelHng Price
, .8948 Unleaded
.7492 Diesel
Key Oil Company
Rack price
Differential
Total Selling Price
did not submit
.0300
+ .03 Unleaded
+ .03 Diesel
Total Selling Price
did not submit
.035 Unleaded
.035 Diesel
.938 Unleaded
.838 Diesel
A.J. Hurt, Jr., Inc.. Rack price
Differential
Mr. Tanner recommended turning the bids over to staff for
recommendation.
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Mayor Johnson stated these amounts were higher than what the City was
paying for fuel from the City ,of Bellaire.
Councilmember Duke stated that these prices were fluctuating and the
only thing fixed was the differential.
Motion was made by Councilmember Duke, seconded by Councilmember
Lang to refer the bids to staff for tabulation and recommendation and
report to City Council.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke and
Kelly
None
None
PARKS DEVELOPMENT:
Consideration was ,given to J.M.H. Park plants (trees and shrubs) and
authorization to bid.
u
Mr. Menville presented the planting plan and specifications for trees
and ground cover for the new Milton Street ParklJMHPark. He stated
that the planting plan was a gift to the City of West University 'Place
in honor of the 1992 Parks Board and of the previous Parks Board from
Tapley Associates Architects.
Carol Burke, Chairperson of the Parks Board, stated that the sidewalks
were incorrect on the plans.
9
City Council Regular Sess-;on~, Apr-il '6, 1992
Mr. Menville stated that Mr. Porshel would correct the sidewalks on
the plans. He stated that the staff should be ready to advertise
within two weeks.
CouncilmemberDuke stated that the site had never been formally
dedicated as park space.
Mr. Dougherty stated that it was not legally required to dedicate the
land.
Councilmember'Kelly asked Ms. Burke if the Parks Board 'was .
comfortable with the plans and in coordinating them with the previous
plans, even though they are two separate jobs, that as soon as the
staff got the bids, we could move forwardwlth the construction.
Ms. Burke stated that they would probably need Mr. Tapley or someone
else on the site to coordinate the two projects.
Motion was made by Councilmember Kelly, seconded by Councilmember
Duke to accept the plans with the changes discussed and to give the
Staff authority to advertise and open; the bids and present a
recommendation at the next regular, Council meeting.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Kelly and
Lang
None
None
Councilmember Kelly 'stated that. Ms. -Burke and the Parks Board had
recommended Margaret Sanchez as a replacement for Carla Rea.
Ms. Burke introduced Ms. Sanchez to the City Council.
Mayor Johnson asked if the Staff had a letter of resignation from
Carla Rea.
Ms. Burke stated that Mr. Rea was out of town and would submit a
letter of resignation when she returned.
Motion was made by Councilmember Kelly, seconded by Councilmember
Duke to accept Ms. Rea's resignation pending a letter and to appoint
Margaret Sanchez to the Parks Board to fill the vacancy.
, .
"
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counc;lmembers Kelly, Duke and
Lang
None
None
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City Council Regular Session, April 6, 1992
129
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DEMOLITION OF JUDGEMENT:
Consideration was given to a demolition judgement and authorization to
file.
Fire Chief, Terry Stevenson, stated that the garage at 3117 Duke was
demolished. He stated that the garage was, determined to be substandard
and dangerous and Was ordered demolished, by the Building and Standards
Commission. He stated that the order levied a civil penalty in the
amount of $2,250.00 against the owners of the property. Chief
Stevenson was requesting the City Attorney be authorized to take the
necessary steps to collect the penalty.
Motion was made by Councilmember Duke, seconded by Councilmember
Kelly to authorize the City Attorney and City Staff to attempt to
collect the sums due the City and take whatever steps necessary to do
so.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Kelly and
Lang
None
None
o
DEMOLITION OF STRUCTURE:
Consideration was given to the demolition of a home at 4102 Byron
Street to expand Colonial Park.
Mr. Tanner -stated that the City had received three informal bids to
demolition the structure and he was recommending the Staff be '
authorized to accept the low bid from Meyers Demolition for $3,900.
Motion was made by Councilmember Kelly, seconded by Councilmember
Duke to accept the Staff's recommendation and appropriate the necessary
funds to demolition the structure at 4102 Bryon.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson" Councilmembers Duke, Lang,and
Kelly
None
None
EMORY/COMMUNITY AREA DRAINAGE IMPROVEMENT:
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Consideration was given to matters related to the improvement of
drainage in the Emory/Community' area.
Mr. Menville stated, as requested-by Council, his office had checked
with Metro to ascertain the status of planned improvements to that
11
'City Council Regular Session, April 6, 1992
portion of Bissonnet in the area described. He<'statedthat it was
determined that Metro had dedicated approximately $2,000,000 to street
improvements; effective inthe,irf,iscal 1992-1993 budgetyea.r. ,He
stated that additionally, it was planned to combine these funds with
state funds, thereby, insuring the availability of approximately
$6,000 ,000 for the project. Mr. Menvillestated .thatMetrohad
indicatedverbal1.Y thatthedraina,ge improvements proposed by the City
of West Univer;sity P1.acewould<be'st be ,done .atthat time. He stated
that due to special sound poll utio,n requirements, associated with the
state ,funds, ,additionalright-o,f,..waymay need to be acquired with a
corresponding increase in costs.
,
Rick Thamm, a resident at 4247 Emory, asked if the Staff could give
him ,an approximate start da,te.
Mayor Johnson indicated that the City did not have a date for the start
of the project.
Councilmember Duke stated that the City of ,West University Place
could work closely with the City of Bellaire in getting the project
started.
REQUEST FOR USE OF CITY'S SANITARY SEWER LINES:
Consideration was given to a request for use of the City's sanitary
sewer lines by Wesley West Development Corporation.
Mr. Tanner stated that the City had received a le.tter,fromWesley
West Development Corporation wanting to develop the land between
Bellaire, Brompton and BuffaloSpeedwa,y ,and requesting that the City
provide sewer service to the area.
Mr. Dougherty stated that the City's open end agreement with Wesley
WestCorporatiCmwas probably not enforceable. He suggested writing
them a letter to determine what they,were proposing.
Mr. Tanner stated that the City had a problem beyond the outfall and
beyond the pipe that would carry.the sewer, which was the treatment
plant capacity. He stated that the plant could not treat the
signifiqant amount of affluent that would be generated by 45 acres of a
multi-family residential area.
Councilmember Duke indicated he approved of the draft letter
submitted by Mr. Dougherty.
Motion was made by CouncilmemberDuke, seconded,by Councilm~mber
Lang to authorize the City Attorney to draft a response letter to the
Wesl ey West Corporat.ion' scl etter dated. April 1, 1992, sol i citi ng
information as to why the City should provide service.
The motion was voted on with the following result:
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City Council Regular Session, April 6, 1992
131
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Kelly and
Lang
None
None
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the City Council regular
session on March 23, 1992.
Motion was made by Councilmember Duke, seconded by Councilmember
Lang to accept the minutes as written.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke and
Ke 11 y
None
None
COUNCIL COMMENTS:
o
Councilmember Kelly requested copies of the responses/complaints
from citizens that the City Staff receives.
Mr. Tanner stated that he would submit a staff report to the City
Council.
Motion was made by Councilmember Kelly, seconded by Councilmember
Lang to adjourn. The meeting adjourned at 9:55 p.m.
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Wh,tt F. John .
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
TUESDAY, APRIL 21, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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The City Council convened in workshop session in the Municipal Building
(3800 University Boulevard), on April 21, 1992, with the following
members present: Mayor Johnson, Presiding; Councilmembers Cullen Duke,
and Bob Kelly. Also present was the City Manager, Public Works
Director, Finance and Administration Director, Chief Accountant and
City Secretary.
DISCUSS FINANCIAL POSITION OF THE CITY, CAPITAL IMPROVEMENTS, SPECIAL
PROJECTS. METHODS OF FINANCE AND DAY TO DAY NEEDS OF'THE FINANCE
DEPARTMENT.
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Mike Tanner, City Manager, stated he would like to start with specifics
related to the finance department day to day and some basic,
recommendations. He stated that Chris Taylor was going to begin with
hardware and software in the finance department.
Chris Taylor, Finance and Admin,istration Director, stated the first
item was the computer system upg:rade, which was made up of two parts.
He stated that most important was the software. He stated that the
finance department was in a si'tuationwhere the software computer
system no longer worked for the department. He added that the Finance
Department has had numerous problems with the current computer system.
Mr. Taylor stated that,. basically, what his department had,was a system
that was purchased in 1985 and at that time, the decision was made not
to purchase annual maintenance on the software which would give the
user an "800" number and all of the technical support if there were
problems. He also stated that the user was entitled to all of the
upgrades that were given. He gave as an example the current "time
crunch" his department was under. Mr. Taylor. stated, that the Sta.te law
changed Municipal Court filings for which the current computer. system
did not have the capability, therefore, requiring the City to hire a
private consultant (at an hourly rate) to program for. the changes. Mr.
Taylor stated that he was recommending that the City .re-license the
software. He stated, that in fact, the City was so outdated that the
Finance Department would have to do a partial re-license of the,
software and then go on a maintenance plan. He stated that numerous
cities in the area used the partiCular software called USTL He
stated that the Staff talked to individuals that were ~ctually using
the software.
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Mr. Tanner stated that the software was industry standard, the typical
program used .in cities throughout the state of Texas.
CouncilmemberDuke asked if the cities were using System 36 or 38.
Minutes of City'Council Workshop, April 21, 1992
134
Mr. Taylor stated that most of the cities had gone to an AS400.
Mayor Johnson stated that the City had previously paid $3,000 to have a
tax system installed.
Mr. Taylor stated that USTIwouldrequire the City to pay a one year
annual maintenance to get the City re-licensed, have them install the
new version, train the staff, and then purchase and maintain the
maintenanceagreement~
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Mr. Tanner stated that<the Staff worked for the current system, the
system did not work for them.
Counc~lmember Duke stated that during the budget process last fall,
the Council spent a good deal of time discussing the computer system.
He stated that circumstances might have changed, but, at that time, the
software, did not seem 'to be a big problem.
Mr. Tanner stated that probably the previous director and hey-staff
were comfortable with what they had. He stated that the City had a new
Staff and changes have been made.
Mr. Taylor; stated that the next secti on waul d be the hardware. He,
stated that the; Ci ty was currently, running on a system 36. ' He added
~~:~O ~ BM H~o s ~~~~~r t~: ~e~ B~h=()~1~t~~n~~n~~d t~a~ u~~~~~C~~ei ;y~{~~ ~~e Oi".,'
but maintenance costs were hi.gh andw.ould' contin,ue, to go,high~r as the
system. got 01 der. " ',' He stated:that UST!, woulddi'scontin~e their
support on there software. for the syste\TI 36 after 1993.Mr . Taylor
stated; that he wasrecammending,a.1ong with the upgrade of the
software,purChas i'ng an AS400., He .stated that there were advantages
to purchasing both at the same time. He statedtha.t it would save the
Ci ty the cost of re-l i cens,i ng , maintenance charges ;and utility costs.
Councilmember Janice Lang arrived at 8:00 p.m.
Mr. Taylor presented the Council with a cost analysis which included
the purchase price, the utilities and maintenance c,osts.
Mr. Taylor stated that he was asking for a very basic system which had
everythingaC'ity of this size needed. He stated that he was
recommending doing the project all at one time and not one piece at a
time.
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Mr. Taylor stated that the City might receive $1000 by trading in the
System 36 CPU.
Mr. Tanner stated that the City had outgrown the System 36.
Mayor Johnson inquired if the maintenance fee was a necessary part of
the purchase.
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Minutes of Ci ty" Councl 1 Wor,kshop; Apri 121, 1992
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Mr. Taylor stated that without the maintenance fee, the City would be
back in 'the same situati on 'i n "a few years.
Mayor Johnson asked what was considered in the 1992 budget for a
computer system and conversion. '
Mr. Tanner stated that there were not any funds budgeted ,for a computer
system nor did he believe there were any, opportunities to transfer
funds within the budget. He stated that it would have to come from the
reserve account. He stated that the staff would minimize the amount
that would be used by picking up bits and pieces from different places
in the budget. 'Mr. Tanner stated that, if no one objected and there
was general support for 'the system, then, the Staff would move to the
budget and the City Attorney to find out what the City needed:to do to
acquire the system. He stated that, in other words, the Staff would
bring everything together and present to Council a specific
recommendation.
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Mr. Taylor stated that the general..fund would not have to realize all
the costs because the uti 1 i ty, fundwoul d support some of' ,the expense.
He stated that, if there was a general consensus to proceed with the
purchase, he would firm up the numbers and determine,exactly how long
it would take. He added that it would not be any cheaper next year.
Councilmember Duke stated if the City goes to the new AS400 but used
all the existing printers,and terminals, was there any way the City
could run parallel' systems. '
Mr. Taylor stated that was exactly what they intended to do. He stated
the City would be running simultaneous systems and testi'ng all the
transactions, then, they would1go live. '.
Councilmember Lang asked if there would be any staffing change.
Mr. Taylor stated that the new system should actually free up or create
some time for his employees.
Mr. Tanner stated that the objective was to put the Staff in a position
to improve customer service with the computer, the new telephone. and
with additional time.
Councilmember Duke asked if there was an increase in function with
this version of the software,over the current software.."
Mr. Taylor stated that the new software had 7 or 8 years worth of
improvements.
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Counci 1 member, Kelly, stated: that he was very much in favor of the
new computer system and he wanted to compl iment Chris: on, hi s ,; .
presentation.
Mayor Johnson,.stated that the Staff had the Council's go ahead signal
to. proceed with the next, step to purchase the computer system.
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Minutes of Ci ty' Counci 1 Workshop, April.21, 1992.
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136
Mr. '~aylor.:state? that,th: Cit~ had,contra1oted.wtthADP Payroll. --'1
SerVlces to provlde the Clty wlth payroll.servlces., He, stated that
after three months, it became apparent the payroll service was not I
fulfilling the.department's expectations., Mr. Taylor s:taJ~dthat he ~
recommended 'and had moved toward bri ngi ng thepayro 11 b~,ck, i n-:house.
He s ta ted that the fi nance department had the capabi 1 i ty and the' clerks
to do the work. .
~~:h~~~~~r stated that the Staff could prrce an the needed reports
Mayor Johnson. a,s ked what it wou.ld taket.o Idi$~,ohtinue ..Ute AOP service.
He commented. that he,thought the City cou1cil should take some kind of
action:or,make a.motion to get rid of it. '
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Mr. Tanner:stated thathe.thought it was, a policy statement but the
Council could take whatever steps they ch~se.
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Councilmember Duke asked if the City cou19.get a payroll service that
would do things right and with the new ha~dware and software, would the
finance department have enough free staff Itime that they could
eliminate a position. I
Mr. Taylor stated that at this point, it Jould be difficult to say
whether they could eliminate a position. IBut, he stated that his
initial reaction would be, at best, that they might break even by IJ',
sending the payroll out of the office. M~. Taylor .stated tnat .he
preferred to keep it in-house where it could be controlled.
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Councilmember Duke stated that':it was his lunderstanding.that 'ADP
was going to do more than provi'de onlypa1rOll service.
Mr. Taylor stated ,that the..:ADP, service di~ file the City'.s
withholding tax, social security, monthly land quarterly reports.
Mr. Tanner stated that, from the beginning, the Staff had real concerns
about the payroll service. i
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Councilmember Kelly stated that the, Stafflwas never rea)ly. jn favor
of the payroll servi ce. I, '" .
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Mayor Johnson asked, for the payroll' serviqe to be put on the agenda so
that the Council could formally consider c1 motion..
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Mr. Taylor stated that the next two items Iwere also administrative
items. He stated that he wanted to recom~end some changes in. procedure
that he thought would make things runmor1, efficient in the financeJ [,'
department. i
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Mr. Taylor stated that the first one was the bid process. He
recommended that if the item was approvedlin,the budget, then the Staff
could, at the appropriate time solicit bid~, set an appropriate formal
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Minutes of City'Council Workshop, April 21; 1992
137
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bid opening and after evaluation, bring"to Council a recommendation for
an award. He stated that by opening the bids in the Council meetings,
the process was being delayed by two weeks.
Mayor Johnson stated that, before Mr. Taylor was employed by the City,
the Council felt that the bid opening was most important so that the
publ ic knew where they were spending the money. He,: reminded the, Staff
that the City Council had awarded a 6 million dollar contract in a
council meeting. He stated that: he would not give ,his support to out
of Council bid openings because he ~hought the public was entitled to
know.
Mr. Taylor stated that the public would get all of the information when
the Staff came before Council with a full-evaluation and there would
not be, any information that would not be made public. He stated that
the City Council would get all the, information that they get from bid
openings and much more.
Mr. Tanner stated that ultimate'ly this was the Council's decision. He
added that the Staff was trying to look at ways to be.'more efficient
and effective. He stated that from the Staff's standpoint, they were
spending an inordinate amount of time preparing what they believed to
be nickel and dime items that prevent the Staff from~orking on
significant issues and problems.
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Mayor Johnson suggested that the Staff might save some time by
referring the bids to the City Attorney because there was always a
delay.
Mr. Taylor sta'ted that bidding budget approved items, opening, and,
evaluating the bids were adminis,trative matters that the City Council
should not have to deal with. He stated that opening bids at Council
was an electi,on of Counci 1; not arequ; rement.
Mayor Johnson stated that he appreciated Mr. Taylor bringing the.
recommendation to the workshop and to move to the next item.
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Councilmember Kelly stated that he wasn't sure he wanted to
completely discard the recommendation without some discussion. He
stated that the Staff was right, that if the item was approved on the
budget, then it was approved. He stated that he did not know if he
appreciated the advantage of opening the bids at.a City Council
meeti ng ,but he added that he thought it should _be at a, pub,l i c; bid
opening. Councilmember Kelly stated that the phone system was a
good example of this. He stated that the bids ranged from $25,000 to
$70,000 and it ended up that the Staff did not recommend the low bid.
He stated: that what he 1 i ked about it , was when the Staff bri ngs the
recommendation to the Council, 'they have a'll the information down and
tells the Council exactly what they need to hear.
Mr.-Taylor stated that the:Staff would be ,in compliance wi.th all the
requirements of state law, city charter and code of ordinances. .He
added that all the Staff was trying to do was make their job more
efficient, try to thin out the agenda and focus on bigger ticket items.
5
Minutes of Ci ty Counc; 1 Workshop, April 21; 1992
Councilmember:Kelly stated that if the, Council wanted to
compromise, the Staff could put a limit on a particular project or
item of a certain magnitude to be op~ned out of council.
COlmci lmember. Lang stated that the reason thi s Council had changed
that was because the consent.agendawas just whipping items through
without any discussion.
Council member Duke asked<theStaff;to>submit a proposal for the
bidding process on the agenda for the next City Cou~cil session.
Mr. Taylor stated that the last administrative item was the payment
approvalprocess~ He stated that ,the Staff was currently bringing some
checks to Councflfor approval, typically "checks over $5,000. He
stated that he was recommending that if the check had already been
approved via contract or award of bid that the payment need not be
brought back to City Council again for approval. He added a prime
example was approving checks for payment of bond principle and
interest. He stated the C,ity was obligated by prior City Council to
pay these items.
CouncilmemberLangstated that itdid not, take that long to approve
the payment during Council meetings.
Mayor Johnson stated that-the public :should know when the City was
paying $165,000 and that hewouldO'Otagreewith taking the payment
approval off of the agenda.
Counci 1 member Duke stated that if the check had not already gone ,out,
then., it would give the City Council 'anopti9n to monitor the project.
"
Mr. Taylor stated that he needed some kind of format to follow so that
he could give his staff some direction on what he needs for Council's
approva 1. '
Mr. Tanner stated that the City had anew Staff with new ideas and
different perspectives. He stated that'the Staff Was, only bringing
items to the Council's attention 'that they felt needed consideration.
Mr. Tailor presented Council witha,break down of the general fund,
balance and reserves. The layout consisted of adjustments to the
budget, projects the City was committed to andanUcipated projects of
the City.
Mr. Tanner stated there were other costs that could come forward. He
stated, for example, another lot in the Colonial Park area could. become
available.
Mr. Taylor stated that the Charlotte/Lake project may need to be.
reconsidered when the other capital improvements were beingcons~dered.
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Minutes of City'Council Workshop, April 21, 1992
139
Mr. Tanner stated that the numbers, the Staff looked at previously were
different and the, Council may have to reconsider, specific plans when
it comes to out of pocket expenditures. He stated that the City could
not make an out of pocket expenditure without a return. He stated that
the Council may . want to cons i der ' a . bond, i sS.ue or; ad ifferent,program.
Mayor Johnson asked Mr. Taylor why he did not show funds that were
actually incumbered, known and anticipated expenditures. . He ,stated,
forexamp.le~ the .phone system, the truck ,and the scout house should
have .been incumbered.
Mr. Taylor stated that the schedule was simply taktng the 1990 fund
balance, factoring out the approved budget and subtracting out
adjustments to the fund.bal ance. He stated that hi s schedule, was
showing the "worse case scenario".
Councilmember Kelly asked if the bottom line of 1.8 million dollars
was a lower figure than the Council had originally anticipated, if the
City, had done the Charlotte/Lakeproject.
Mr. Taylor stated that the figure was lower. He added that a specific
item, which was a major swing in the figure, was thecurrentyear' taxes
collected in December. The City collected $979,000 of the 1992 taxes
in the month of December which were booked, as 1991 revenue .when they
should have gone into de.ferredrevenue for 1992.
Councilmember Kelly commented that the revenues were overstated and
the bottom. figure would have been 2.6 million.doll,ars:.
Mr. Tanner stated that previously the City was looking ,at asix month
reserve and no one was concerned that there would be a problem with
taking funds out of pocket but the numbers were different and the Staff
was concerned.
Mr. ,Taylor stated that there was also asmallprpblemwith . ,interest
earn;ngswhich wexe. double ,booked. He added that this.mistake happened
prior to.the current staff.
Mr. Tanner stated that the bottom line was, that previously th~ Staff
and Council had a distorted view.
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Mr,. Tanner stated that the. City did not have to do everyttling they said
they were going to do, but, even if half the items were eliminated, the
City was still looking at a significantly'sma.lleramount,than had .ever
been discussed before. He added that if the Council was going to
consider an out of pocket .project, there would have to bean immediate
recovery.
Mr. T;aylor stated that a general rule of thumb, that a lot of cities
tried to achieve, was three months operating reserve~ He stated that
the City of West University Place had, at the end of 1990, 5.6 million
dollars which was ;roughly ,eleven monthsiofxeserve. .
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Mi nutes of Ci ty' Counci 1 Workshop t Apri 1 21, 1992
Councilmember Kelly stated that even: with the Charlotte/Lake, ".'
project, the City would still have three ,and a half months whi'chwas
generally acc~ptable. ' ,
Mr. Taylor ~tated that the reserve was acceptable under certain
circumstances.
Councilmember Kelly stated that if the City had sewer, water and
street problems :than it was inconceivable why the City would carry any
ki~d of reserve with that money sitting in the bank. He stated that
the Council should spend that down to what the Staff and Council felt
comfortable ~ith. '
Mr. Taylor stated that the City had the fund balance to buy a ,lot. or
any other project they desired. He stated that his only recommendation
was the spending of the funds be done in a timely fashion without
panicking the rating agencies :byspending it all in one year.
Counci lmember Kelly stated that what the, Counci 1 had hoped to' do
was make a big opening splash with the out of pocket capital
improvements and build up the momentum that was needed to carryon to
other Councils.
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Mr. TaYlor stated that what the Staff and City Council needed to do was
to come together on some long term financial policies, goals and '
desires on where the City wants to go and then plan to that point.
Councilmember .Kelly stated that the City had an infrastructure plan
and the Council had already looked at the first five years. He stated
that the only difference presented that night was readdressing the
priority areas to include Charlotte/Lake.
Mr. Taylor presented to the Council a break down of the water and sewer
funds. He stated that the enterprise fund was in good shape. ,He 'added
that the City had funds to build a surface line when the time comes or
anything else that the Council felt was necessary. He stated that if
Council decided to do Charlotte/Lake out of pocket, the City would
still have a five and half month ,operating reserve.
Mr. Tanner stated that what the Staff needed direction on now was how
to proceed in capital improvements. He told Council that they would be
getting ~ revi~ed staff report which included a complete schedule of
capital improvements underway.
Mr. Taylor stated that it was his understanding that he was to present
a recommendation to Council regarding a policy on standard operating
procedures with, as a rule, the Staff would not open bids during
Council meetings except for any specific item that had been bid at
Council's request.
Councilmember Lang stated that she preferred to do the procedure
the other way, that a particular item comes up then the Staff would
bring a recommendation to Council on whether to open out of meetings or
140
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Minutes of City'Council Workshop, April 21, 1992
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not. She stated that she liked the procedure that the Staff was
following now.
Mayor Johnson agreed with Councilmember Lang.
Motion was made 'by Councilmember Duke, seconded by Councilmember
Kelly to adjourn. The meeting adjourned at 10:00 p.m.
Kaylynn Holloway
City Secretary
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CITY COUNCIL REGU~AR SESSION
MONDAY, APRIL 27, 1992
MUNICIPAL BUILDING
.3800, ,UNIVERS,ITY, BLVD.
7:30, P.M.
****************************************
The City Council .convened in. regular session in the Municipal Building
(3800 University Boulevard) an April 27, 1992, with the following
members present: Mayor Johnson, presiding; Councilmembers Bob
Kelly, Cullen Duke and Janice Lang. Also present were the City
Manager, City Attorney, the Public Works Director, the Police Chief,
the Finance and Administration Director, the Building Official, Deputy
Director Public Works/General Services, Acting Deputy Director Public
Works/Utilities and the City Secretary. The. Reverend Charles Floyd
Rector of St. Marks.Episcopal Church delivered the in~oc'tion and
Councilmember Duke led the Pledge of , Allegiance.
LIBERTY HILL PARK EXPANSION:
City Council reviewed prior action taken concerning Liberty Hill Pa'rk
expansion.
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Mayor Johnson requested the following discussion rega~ding Liberty Hill
Park be transcribed verbatim-in the minutes:
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"There has been much discussion and personal differences about the
improvement of Liberty Hill Park. .There have beentwp petit,igns
presented concerning the development of the Rark. '
October 8, 1990- A,petition,was presented to expand Liberty
Hill Park into College Avenue.
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October 28,.1991- Kate Sutton, 3524 Sunset, presented a
proposal to expand Liberty Hill Park to include the purchase
of residential property on Northwestern and the closure of
College Avenue.
Diane Pray, a resident at 3828 Northwestern, reminded the
City Council that a petition with 200 signatures had been
'.' ,previouslyf.iled,.in supp,ort,of. Liberty Hi.ll P,ark,expansion.
She offered to se 11, 4,,800 square: feet of her property to the
City for $60,000 if it would be used to expand Liberty Hill
Park.
January 13, 1992- Consideration was given to abandonment of
College Avenue, right-of-way purchase of property and method
of finance of total, project.
. Mr. Dougherty presented two approaches.
Councilmember Cullen Duke stated two separate issues:
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City Council Regular Session, April 27, 1992
144
1. Unsafe traffi c situation
2. A drainage problem!
Motion by Councilmember/ Kelly,> seconded by Councilmember Lang
to direct City Manager "and City Attorney to begin working out
legal documents necessary for acquisition.
,; ,February 10, 1992.. Regular Session.. Public 'Hearing was he,ld
to consi der comments concerni ngexpansi on9f ,bj berty Hi 11
Park, diversion of motorvehide traffic fromCoJ lege to
Northwes tern and ri ght-of~way development (l andscapingand
'other amenities). ;-
; March 9" 1992": Cons i derati on was given to expansion of
Liberty Hill Park, ,diversion o.f motor vehicle traffic. from
College'to Northwestern and right..of-way development
(landscaping and other amenities).
April 6, 1992- A petition opposing the planned expansion of
Liberty Hill Park was submitted.
After reviewing all of the information and listening to discussion, it
is my opinion the greatest public concern appears to be the .lack of
proper traffic control and flooding condition.
The Chief of Police has been requested tOiprepare a plan for a solution I'
of the traffic condition and the City Engineer has been requested to
submit a remed~ to relieve the flooding condition. ~
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City Council needs to make a decision this night concerning the
immediate future of, Liberty Hill Park.
I, therefore, entertain a motion for City Council to consider and
rescind any prior action taken on the>development of Liberty Hill Park,
particularly, the action taken on January 13, 1992 directing the City
Managerand'City'Attorneytopegin working out legal documents
necessary for'acquisitioh.u
End of verbatim transcript.
Mayor, Johnson asked Chief Griffith to present a possible solution to
; the flooding condition and lack of traffic, control at Liberty Hill Park.
Police Chief Griffith presented the current condition and current
location of College Avenue and Northwestern Street. He suggested to
square upthei ntersecti on; wh:ichwould allow the City to i nsta 11 a four
way stop. It would require a relocati.on ofa telephone pole and the
removal of a tree. The City woulda:1so attempt to square up the
northbound side of College Avenue as it approaches the intersection.
He estimated the cost of these changes to be about $5,000.00
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City Council Regular Session, April 27, 1992
14 ;t,....
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Councilmember Lang expressed concern for the person who lived on the
southwest corner of the intersection. The changes would bring the
street closer to their front door.
Chief Griffith stated that the changes would be 3 to 5 feet from their
property line.
Mayor Johnson asked Mr. Menville to discuss the drainage problems on
College Avenue. '
Ed Menville, Publ ic Works Director;,: stated that his department found
two standard inlets at the termination of Northwestern and College.
Connecting the two inlets, 'was an 18dnch pipe which extended to the
west and connectd to a 12 inch pipe down College. This was:an improper
installation. One solution was to take the 18 inch pipe directly into
a manhole which would allow the watei to go to Bissonnet. ,He stated
that the area could be regraded to allow run off. This could be done
for about $2,500.00
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Motion was made by Councilmember Lang, seconded by Councilmember Kelly
that the City Manager, Staff and City Attorney withdraw efforts to
acquire the property on the northeast corner of College and, '
Northwestern and stop all improvements of Liberty Hi 11 Park.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson,Councilmembers Lang, Duke
and Kelly
None
None
Mike Tanner, ,City Manager, asked if the motion included authori'zation
to p;oceed with the, improvements of t~e streets.
Councilmember. Kelly stated that it was not part of' the motion.: He
asked Chief Griffith if the traffic flow was tested to see what kind of
impact the changes would have. Chief Griffith stated that these
changes should not force cars"to travel ,other, streets.
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Councilmembefl Duke suggested notifyingproperty,owners in, the area
before any action was taken~ Mr. Tanner stated all owners within 200
feet would benotified~ '
Councilmember Kelly asked if this, action was covered.by the agenda such
that the Council could take action. Jim Dougherty, City, Attorney.,
stated that the subject was still concerning Liberty Hill Park but
perhaps the Council was getting into a new area sjnce:theagenda
referred to "reviewing prior action"~
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Mr. Tanner stated that there were not any appropriations for the
project but the Staff could take a.look and return to the next regular
City Counc;,] meet'ing with a specific recommendation.
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City Council Regular Session, April 27, 19.92
146
Coundlmember Duke asked if the City still did not ha,ve from the Prays
a formal 'committment of ,exactly, what, conditions they would have
attached to the sale of their property. Mayor Johnson stated that
there was not a formal committment from the Prays.
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TREE PRESERVATION ORDINANCE,:
Consideration was given to Ordinance No. 1423 (AN ORDINANCE FOR THE
PRESERVATION :/lt~D. ENHANCEMENT ,Of: THEijRBAN FOREST OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; ,AMENDING THE ,CODE OF ORDINANCES OF SAI,D CITY;
AND CONTAININ.G FINDINGS AND. PROVISIONS RELATING TO SUBJECT) and Article
XIV, Amendments 1, 2, 3, & 4.to the tree ordinance.
Mayor Johnson g'ave copies of the ordinance to members of the Tree
People.' He stated that he would. like to give a spokesperson
representing the Tree People a chance to speak.
Linda Day, Tree People, stated that the ordinance being put before
Counci 1- was. opposed by the Tree People. They fel t it was an
inappropriate way to enact an ordinance..It was presented as .sort of a
"salad bar approach II by throwing it all together and hoping that it
worked. Ms. Day insisted that the ordinance was too basic and was
exactly what West University Place had i.n effect right now which was
not working. The first amendment had provisions in it that the Tree I
People were interested in but unfortunately did not protect trees in ' ,
the back yard. ~
The Tree People wanted to see an ordinance that was reasonable. They
did not want to penalize home owners but to target builders who were
irresponsible to the long term envir.onment of the City. They wallt to
provide a service to homeowners in protectjng their propertyvalue~
They felt there should be requirements to replace trees which had to be
cut down but there was no provision for this in the currentordjnance.
Ms. Day, stated that, amendment 2 forbids the City t<;> nire an urban
forester. She felt that the City needed someone with a, college
education that would give property owners someone to call if they had a
tree problem. She stated ,that amendment 3 would weaken the current
ordinance and amendment 4 required, the City to hire.anurban forester.
Ms. Day insisted the ordinance as a whole wa$ not workable. This was
the third ordinance that the Mayor had the City Attorney draft and none
of them would do the job in protecting the urban forest and ensuring
the environment.
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The Tree People want to wait until the election and hopefully a
pro-tree councilmember would be elected which would give a 3 to,2
majority on Council.
Mayor Johnson stated that the bottom line was property rights and
property values. The ordinance was ,not th,e "Mayor's Ordinance"~ He
added that he had worked with Staff and the City Attorney numerous
times in preparing a tree ordinance.
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City Council Regular Session, April 27, 1992
147
Mayor Johnson read the caption of Ordinance No. 1423 as follows:
Ordinance Number 1423
AN ORDINANCE FOR THE PRESERVATION AND ENHANCEMENT OF THE ,URBAN FOREST
OF THE CITY OF WESTUNI:VERSITYPLACE, TEXAS; AMENDING THE CODE OF
ORDINANCES OF SAID CITY; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
Mayor Johnson read portions of the ordinance to the Council and those
residents who were attending the meeting.
Motion was madebyCouncilmember Kelly,:seeonded by Councilmember Lang
to table consideration of Ordinance No. 1423 and any tree ordinance
until a later date, the 'date of consideration to be determined 'at ,a
later time.
Councilmember Kelly stated that he felt the City had come a long way
but still needed to move cautiously with the ordinance to make sure the
City ends up with an ordinance that.everyone could live, with.
Councilmember Lang stated that she had four points. First, that trees
were a resource that everyone shared. Second, she was still not sure
about trees in the back yards. Third, she felt an urban forester would
be a good move foy:' the City. Lastly ,shewasnot going to vote for,
anything until Ed Beas'ley, the Building Official ,had his stamp of
approval on it because he was the one who would have to enforce it.
She stated that i shewouldvote;against ;the; ordinance presented that
night at Council and all four of the amendments.
I .
Counci lmember Duke repl ied to Councilmember Kelly that he could not
disagree with him more. He felt that the Council was no closer than
when they started. A lot of things had been stated as fact but he
believed they were just opinion. Both sides could be debated., '
Councilmember Duke read a poll taken on March 1, 1991 concerning
trees. Thefirst;question was "trees should not be severely pruned or
cut down without a permit and.according ,to strict rulesI'. The
consensus was "strongly agreen 31%, "somewhat agree" 24%, "somewhat
disagree" 17%, "strongly"disagree" 26%. .' This was not what.he wouJd
consider a real mandate.r:The second,questionwas, ~'theCitYJ should
regulate the type and placement of trees in. each homeowneds:yard".
The consensus was "strongly agree" 8%, "somewhat agree" 13%, "somewhat
disagree" 27%:and,.:"strongly.disagree" 50%~ ; The 1 ast questionHwas ''1
would support a tax increase to regulate trees on private pr:oper:ty".
The consensus was "strongly: agree'" ,4%, "somewhat agree~' 11%" "~;ornewhat
disagree" 13% and "strongly disagree" 69%.
Councilmember Duke explained that none of the questions were really
directly on pointtoithe proposed ordinance but that the. poJLindicated
a strong message. He added that hewoul d like. the C.ounc.;l to move
forward. He stated that the Tree People wanted all or nothing.
Mayor. Johnson felt" that the, Council had belabore,d the issue~
5
City Counci 1 Regular Session ,April 27, 1992
The Mayor ,called for a ,vote on 'the motion on the table.
The motion was voted,onwith,the,foUowing result:
Voting 'Aye:
Vot'ing Nay:
Absent: '
Counci lmembers Kelily' and Lang
Mayor Johnson arid ,Council member Duke,
None" "
Mayor Johnson stated that the Council had a 2-2 vote to table Ordinance
No. 1423.
Motion was made by Councilmember Duke to adopt Ordinance Number 1423,
an ordinance enhancing the preservation>of the urban forest.
Mayor; Johns'on called,fora second to the motion. ,The motion died for
lack of a second.
Mayor,Johnson called for a 10 ,minute: r-ecess.
The meeting reconvened at 8:50 'p.m.,
TREE CITY U.S.A., AWARD:
,i
Eric Becker from the Texas Forest Protection Service gave a
presentation on the renewal of ' the Tree City U.S.A. Award.
In recognition of the continuing efforts by the citizens of the City of
West University Place for'the preservation and protection of trees, Mr.
Becker presented the City with a National Arbor Day Foundation, Tree
City U.S.A., award.
HEARINGnFRESIDENTS:
; \1
Mayor Johnson invited residents to. speak who had matters they wished to
bring to the attention of the City Council.
Linda Day, stated that she wanted to,thankCouncilmembers Kelly, and Lang
for voting against the tree ordinance.She.read a letter from Darren
Gabriel 'to the Mayor concerning trees.
~, . J .
PamCocavessis, a resident at 5204 Pocahontas in Bellaire, wanted to
thank the Council for reconsidering the Liberty Hill Park, expansion.
She also, thanked a group called the Gjtizens for the Responsible
Improvement of the Liberty Hill Park area.
Nick Cocavessis, a resident of 5204 Pocahontas in Bellaire,
expressed his objections to the improvements of the College' Avenue and
Northwestern Streets. The'proposed improvements would not resolve the
floodin~ problem.
Edward Vesely, a resident at 5806 Auden, stated that he was concerned
with the traffic control on Auden.
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City Council Regular Session, April 27, 1992
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John Fenolio, a resident at 3017 Albans, commented that he was
pleased with the outcome of the tree ordinance. It was an issue that
the City did not need to rush into. He complained about the
construction next to his property.
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Margaret Schulze, a resident at 6032 Annapolis, spoke to the City
Council about protecting trees.
Jerry Nickell, a resident of 4123 Albans, stated that, as the only
candidate that came out against Liberty Hill Park expansion, he was
very happy that the Council reversed their decision. He felt the new
proposal was a waste of time and money. He,felt that with massive
reconstruction of sewer, roads and infrastructure that would come at
another time. Stop signs were not the answer. He stated to the Mayor
that the so-called efficient government, that the citizens elected him
for, was no longer efficient~He hoped the Mayor would turn his
attention'awayfrom the election and toward running the City.
Teresa Fogler, a resident at 3610 Sunset, expressed her concerns
about tree preservation. She asked Councilmember Duke to throwaway
his survey because she felt it was worthless. She stated that the ,only
thing that was accomplished that night was a little political football.
Michael Parks, a resident at,6427 ,Buffalo Speedway, spoke about the
Sister City in France. He stated that the French were very much
interested in continuing their relationship with the City of West
University Place: He requested that the City send a letter to them
formalizing the relationship.
ELECTRICAL ORDINANCE:
Consideration was given to the second reading of Ordinance Number 1422.
Mayor Johnson read the Caption as follows:
ORDINANCE NO. 1422
AN ORDINANCE RELATING TO ELECTRICITY AND ELECTRICIANS: AMENDING THE
CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
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Copies of the Ordinance Number 1422, in the form required for adoption,
were available to all members of the City Council.
Motion was made by Councilmember Duke, seconded by Councilmember
Lang' to approve Ordinance Number. 1422 as written.
The motion was voted on with the following result:
Voting,Aye: ,Mayor Johnson, Councilmembers, Lang, Duke and
Kelly
Voting Nay: None
Absent: None
7
City Council Regular Session, ,April ;27,1992
RESOLUTION.APPO.INTING.MEMBER TO,THEPARKS BOARD:
Consideration w.asgiven to~Resolutton Number 9206 appointing one member
to fill a vacancy on the Parks Board.
Mayor.Johnson read Resolution. Number:9206.as follows:
RESOLUTION NUMBER 92-06
,; ,
, WHEREAS, it is the obl igationof:the City Council " pursuant to
prov is i ons, of the C i ty,:Charter" and ordinances.. heretofore adopted, to
appo.int;l11embers to varto>us . committees ;~;nd
11 .", ': :,; ';',
WHEREAS, the Mayor andmembefsof the City Council, .byResolution
91-15, adopted.on August 26, 1991, appointed qualified citizens to
serve on the Parks Board for the City. of West, University Place, Texas;
and .
" ' ,
. ,
WHEREAS, ,the. resignationQf one .of.the .committee members has
created .a vacancy on the, comm;,ttee ;.and .
. ,
WHEREAS, the Chairman of the Parks Board has recommended that the
following p~rson be appointed to fill the. vacancy on ttleParks Board;
and ,
" ,
WHEREAS, a certain person has i ndi cateda des i. re and .wi 11 ingness
to serve as a member of the committee. '
NOW, THEREFORE,
.."
, ,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
<-
Section 1. That the following person be appointed to serve as a
member oLthe Parks Board:
.; '.. _ I
Margaret Sanche,z
Section 2. That the person .herebyappointed shall serve on the
Parks Board without compensation.
Section 3. That the, person, hereby appointed shall serve until the
next regular city election of the City Council and thereafter until the
appointment and qualification of her successor.
,-, ,
Section 4. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to'theextent 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
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151
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any person or circumstance, shall ever be held to be jnvalid or
unconstitutional by any court of competent 'jurisdiction, the remainder
of this resolution and the application o.f such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be aff~cted 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 totne 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.
I992:PASSED AND APPROVED THIS the21tiday of ~/ /-r?'~
o
Voting Aye:
Voting No:
Absent:
ATTEST:
Kaylynn.Holloway
City Secretary
Approved as to Form:
(SEAL)
James L. Dougherty, Jr.
City Attorney .
~ .
Motion was made by Councilmember Lang, seconded by Councilmember
Kelly to approve Resolution Number 9206 as written:
The motion was voted on with the following result;
[I
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke and
Kelly
None
None
9
City Council Regular Session, April 27, 1992
Counctlmember Kelly stated that he wanted to thank Carla Rea ,
for all of her work on the Parks Board and that it was with deep regret
thqt the Council accepted her resignation.
Mayor Johnson delivered the oath of office to Margaret Sanchez.
BIDS FOR BORING MACHINE:
Consideration was given to bids recei-ved March 31, 1992 for the
plirchase ~f apipe'pushing/pulling machine.
Mr. Tanner and the Staff recommended awarding the sale to the low bid
from Western States Construction Company, Inc. in the ' amount of
$6,667.26.
Motion was made by Councilmember Lang, seconded by Councilmember
Kelly to accept the Staff's recommendation on purchasing the boring
machine for $6,667.26.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke
and Kelly
-None
None
BIDS FOR FUEL:
Consideration was given to bids received April 6, 1992 for the purchase
of fuel (gasoline and diesel).
Mr. Tanner and the Staff recommended awarding the purchase of fuels to
South Coast Energy, Inc.
Jerry Burns, Deputy DireGtor Public Works/General Services, explained
the bidding process and the recommendation to the Council.
Councilmember Kelly stated that he did not know if any of the
bidders received their fuel from Phillips Petroleum Company, therefore
he would abstain from voting.
Motion was made by Councilmember Lang, seconded by Councilmember
Duke to accept the recommendation of Staff to award the bid to South
Coast Energy, Inc. .
The moti'onwas voted ,on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke and Lang
None
None
10
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City Council Regular Session, April 27, 1992
153
Abstain:
Councilmember Kelly
BIDS FOR TRUCK:
Consideration was given to bids received April 6, 1992 for the purchase
of a 3/4 tone truck for the Public Works Department (Uti.lities).
Mr. Tanner and the Staff recommended the purchase be from Knapp
Chevrolet with the low bid of $14,500.
Motion was made byCouncilmember Kelly, seconded by Councilmember
Lang to accept the recommendation to purchase the truck from Knapp
Chevrolet.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Kelly and
Duke
None
,None
Councilmember Lang left the meeting at 9:35 p.m.
BIDS FOR JMH PARK:
Consideration was given to bids received April 24, 1992 for the
development of JMH Park (Phase I and II).
!! l.';..'
The City received two separate bids for the two phases~of,JMH Park.
Mr. Tanner recommended not making a decision on Phase II because of
some concerns about the bids. He recommended the Council approve the
bid for Phase I.
Carol Burke, Chairman of ,the Parks Board, reportedthatever,ything was
in order except the modification of the sprinkler system. It was her
understanding that the sprinkler system would be a change order.
Motion was 'made by Gouncilmember,Duke, secondedcbyCouncilmember
Kelly to accept the bid from Gulf Coast Landscape in the amount of
$66,080 to commence Phase I improvements at the formerJMHpark site.
ThemotioJil was voted: on with the, following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson,I,Counci 1 members Duke and
Ke 11 y
None
Councilmember Lang
11
City Council Regular $ession, April ,27, 1992
Councilmember Lang returned to, the ,meeting at 9:50 p.m.
BID OPENING FOR COMMUNITY BUILDING:
Consideration was given to the bids received for the
beautification-landscape project of ,the CommunttyBuilding located at
6104 Auden.
;
Bidder
Net Bid
GRO-TECH .
Gulf Coast Landscape Services,Ir:lc.
Gibson Landscape Contractors
Tieman-Darby Landscaping
Bio Energy Landscape & Mtce
Ultimate Landscaping
$8,900.00
$12,320.00
$13,710.00
$16,515.85
$10,002.00
$ 9,920.00
Motion was made by Councilmember Lang, seconded by Councilmember
Kelly to refer the bids to Staff for recommendation.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly, Duke
and Lang
None
None
BID OPENING FOR STREETRENOVATIONi:
Consideration was given to bids received for street repair in the 3900
block df Amherst.
Bidders
Net"Bid;
$23,975.00
$21,895'.,00
Woodruff Concrete, Inc.
Lockwood'TruckingEnterprises
Motion was made by Councilmember Lang, seconded by Councilmember
Kelly to refer the bids to staff for recommendation.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson "Counci lmembers Kel]y,Duke
and Lang
None
None
1?
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City Council Regular Session, April 27, 1992
155
D"C~'
',:=::
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)
POOL REPLASTERING:
Consideration was given to the pool replastering at Colonial Park.
Mr. Tanner requested that the Council ,formerly reject the bid received
for the pool replastering.The City would like to repair the cracks
and maybe, after.the summer, rebid the project. '
Motion was made by Councilmember Lang, seconded by Councilmember
Duke to reject the bid received for the pool replastering.
The motion was voted on with the following result:
Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke
and Lang
Voting ;,Nay: ,None
Absent: None
SEWER LINE RELOCATION:
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Consideration was given to the, relocation of a major sewer line that
permits construction of a new public school.near Braes Bayou.
Mr. Dougherty reported that '.he . ,worked '.with HISD on the' relocation
of the sewer line. He recommended, the Council adopt a motion stating
that the City was willing to relocate the sewer line. The details of
the Houston ordinance were being,prepared.
, ,
Mr. Tanner stated that the Staff had.done everything, they could to,
expedite the construction of the school'. He felt no one could blame
the City for any possible delay. The time spent on the project by the
CHy Attorney..wol,lld be. reimbursed by HISD., ,HISD has agreed to,
spend up to $7,500 for legal fees and inspections associated with the
project.
Mayor Johnson inquired;about the progress of, the ordinance.
Councilmember Duke asked the. City Manager about the other concerns
with the, proposed routing. Mr. ,Tanner stated that. at. this point in
time everything was coming together.
,.Motion was made by CounGilmember Lang, ~seconded by Counci lmember
Kelly to express the position of the City Council that the City of
West University Place was, willing. to, relocate the sewer line if it is
approved by Houston by.~specia.1 ord,i nance that does not, prejudi ce; the
City of, West University Place.'s ability to, convey the sewagea,cross
r--. North Braeswood. c" " ,
I
The motion was voted on with. the following, result:
;, Voting. Aye: '.Mayor Johnson" Councilmembers Kelly, Duke
and Lang I
13
City Council Regular Session, April 27, 1992
'156
Voting Nay:
Absent:
None
None
J
Councilmember Duke requested that the, City Council be informed when
the expected City of Houstonordinancewas.to ,come before the City of
Houston Council in case any members of the West University Place
Council desired to attend.
Councilmember Lang left the meeting at 10:05 p.m.
COMPUTER SYSTEM UPGRADE:
Consideration was given to the upgrade of the computer system in the
finance department.
Mr. Taylor stated that he had some firm dollar figures on the computer
system upgrade to present to Council. He submitted for approval a
recommendation that Council appropriate $73,084Aromthe General Fund
balance and $30,805 from the Water Sewer Fund balance for the upgrade
of the : computer system. He felt"that thei,package was not. an exotic
high priced,system but did incorporate all modern technology. The
system would allow the Finance Department to become more time efficient JO':'I',"',
and: able, to ,provide more and/better,services to the residents of West
Univers ityPl ace. ' "
Councilmember Duke stated that ,at the workshop there was only one,
software and now there was another software called Sensus Inc. Mr.
Taylor stated that the Sensus I nc. softwa rewas "forthewa ter
department.
Rod Hainey, Deputy Director Public Works/Utilities,' showed the Council
a new irlstrumenttobe used ,by'themeterreader. This was the
instrument that the meter reader carried with him to enter the actual
reading. The instrument was then brought back to the finance
department and was automatically dowrlloadedinto the,system.
Mr. Menville, demonstrated the instrument used to read the meters. He
stated that the efficiency of the system was,great~ Estimations of
water bills could be eliminated ,with this system.
Mr. Tannerexplained,thatthe existing equipment needed some repa.irs.
Motion was made byCouncilmember Duke, seconded by CQuncilmember.
KellYito adopt recommendation and,authorizeS1;,aff to enter into an
agreement with various"vendors to'acquire the. software and hardware and
amend the budget to appropriate the necessary funds.
The motion was voted on wjth, the. following result:
Voting Aye:
Mayor Johnson, Councilmembers Duke and
Ke 11 y
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City Council Regular Session, April 27, 1992
157
Voting Nay:>
Absent:
None
Councilmember Lang
PAYROLL SYSTEM CHANGE:
Due to the late hour the City Council tabled this item.
REQUEST FOR USE OF CITY'S SANITARY SEWER LINES:
Consideration was given to a request for use of the City IS sanitary
sewer lines ~byWesleyiWest Development Corporation.
Mr. Dougherty reported that the Wesley West Corporation was convinced
that their-claim ,was ;nvaHdand theywereiwilling to signa,statement
to that;fact..
Motion was ,made by Councilmember.Keny,. secOnded by Councilmember
Duke authorizing the Staff to sign,the,letterwithWesley,West
Corporation.
i. j.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke and
Kelly
None .'.,
Councilmember Lang
PAYMENT OF LEGAL SERVICES:
Consideration was given to the, payment, of $6,318.01 to the City
Attorney for legal services performed (March 1 through April 3, 1992)
Councilmember Duke requested the City Secretary to enter into the
minutes that the City had paid over $3,000 in legal fees related to the
tree ordi nance. Thi s d'i d not i nc 1 ude pri vatemeeti ngs wi th the Tree
People.
Motion was made by Councilmember Kelly to approve the payment of
$6,318.01 to the City Attorney for legailfees.,
Councilmember Duke requested an amendment to clarify that the City
would seek reimbursement from HISD for the $1,464.61 as agreed and
that the City use $699.30 of the America the Beautiful Grant in
accordanc:e withi ts-t.erms.
CduncilmemberKelly'acteptedtheamendment and Councilmember Duke
secOnded the motion'-
15
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City Council Regular Session, Ap\'1iL27, 1,992,
158
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers
Ke 11 y
None
Councilmember Lang
Duke and
The City Attorney left the meeting'at 10:51 p.m.
Consideration was given to fuel s.tor(i,ge:,tank'installation, remediation,
payment of $11,826.29 to Dup's Inc. and reimbursement.
Councilmember Duke statedthat"the payment.was onlyrela,ted to
remediation and none to the original contract for installation.
Motion was made by Councjlmember.Kelly, seconc.ied by CouncilmemberDuke
to pay -:thebi lJfromDup' s in the amount of ,$11,826.29.
The motion was voted on with the following result:
Voting Aye: Mayor Johnson, Councilmembers Duke and
,Ke lly
Voting Nay: None
Absent: CouncilmemberLang
PAYMENT FOR ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS:
Consideration was given to the payment of $18,693.95 to Langford
Engineering for providing engineering servicesw
.. ,
Motion was made by Councilmember Duke, seconded by Councilmember Kelly
to . pay, invoice numbers 6781".. through, 6787 in .the amount of $18,693.95.
The motion was voted on with,thefollowingresu1t:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke and
Kelly
None;
Councilmember Lang
f'
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PAYMENT FOR PRIORITY AREA 4, PHASE 1 SANITARY, SEWER RENOVATION:
Consi.deration was given to the. payment of Estimate. Number tin the.
amount of $54,432.39 to Whitelak, Inc. for work, performe,d (Marc.h 10
through March 31, 1992) in construction of sanitary sewer renovation.
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City Council Regular Session, April 27, 1992
159
Motion was made by Gouncilmember Duke, seconded by CouncUmember ,
Kelly to make payment to Whitelak, Inc. in the amount of $54,432.39.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor'Johhson, Councilmembers Duke and
Ke lly
None
Councilmember Lang
PAYMENT FOR'WAKEFOREST GROUND, STORAGE TANK CONSTRUCTION:
Consideration was given to the payment of Estimate Number 5 in the
amount of $121,201.53 to Nunn Constructors for work performed (month of
March, 1992) in construction of 2 ground storage tanks.
Dieter Ufer from Langford Engineering stated that he made periodic
inspections and everything was in order.
Motion was made by Councilmember Kelly, seconded by Councilmember
Duke to accept the recommendation for payment to Nunn Constructors in
the amount of $121,201.53.
o
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Duke and
Mayor Johnson, Councilmembers
Ke 11 y
None
Councilmember Lang
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the City Council meetings on
March 31 and April 6, 1992.
Motion was made by Councilmember Duke, seconded by Councilmember
Kelly to accept the minutes as written.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
n
COUNCIL COMMENTS:
Mayor Johnson, Councilmembers Duke and
Ke 11 y
None
Councilmember Lang
17
City Council Regular Session, April ,27, 1992
CouncilmemberKelly inquired about the pay ,study update. He asked
i~f there were. any problems about getting the needed information.
He also inquired about the signs at the Parks and the Scout House.
With no further business before ,the Council a motion was made by
Councilmember Kelly, seconded by Councilmember Duke to adjourn.
The meeting adjourned at 11:15 p.m~ .
Kaylynn Holloway
City Secretary
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SPECIAL CITY ,COUNCIL MEETING
MONDAY, MAY 4, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:00 P.M.
****************************************
City Council convened in Special Session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, May 4, 1992, with the following members present: Mayor Whitt
,F. Johnson, presiding; Council members Bob Kelly, Cullen Du.keand Janice
Lang. Newly-elected Councilmember Jerry Nickell was also present.
Also present were the City Manager, City Secretary and the City
Attorney.
o
Mayor Johnson extended a welcome greeting to everyone present,
especially newly-elected Councilmember Jerry Nickell and his family.
,He said that there was an. abundance of work to do and stated that Mr.
Nickell earned a place on the City Council through hard ,work and
community ,service. Mayor Johnson said that Mr. Nickell'$ uNever- give
up" attitude, as referenced by his support.of.a speed limit issue in
the past, was admirable.
Mayor Johnson read aloud Ordinance No. 1424 as follows:
ORDINANCE NUMBER 1424
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE SPECIAL ELECTION HELD IN THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; ON, MAY 2, 1992; CONTAINING
FINDINGS AND PROVISIONS RELATED TO THE SUBJ~CT; AND
DECLARING ANEMERGENCY~ .'
* * * * * * * * * * * * * * *
BE IT ,ORDAINED BY THEClTY COUNCIL. OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
WHEREAS, the City Council of the City ofWE!stUniversity Place,
Texas,(the UCity"), ordained that an election ,beheld in ,the City on
the 2nd,day of May, 1992,forthepurpQse..of electing one Council
Member to fill a vacancy for the unexpired term only; and
WHEREAS, ,sai d election was called. and npti ce given i naccordance
with the law, and the election was held in all material respects in
conformity with;theilaw;and
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WHEREAS, ;the returns of such election have been duly and legally
made and submitted to the City Counci lof the City for canvass i ng, and
a tabulation of the retur.ns for eacb election. precinct and for early
voting, as canvasSed and tabulated by the Ci tyCounci 1 qfthe. .city and
City Council Special Session, May 4, 1992
162
shown in Exhibit A attached hereto, reflect the vote totals for. each
candidate, as follows:
Ken Currie Counei 1 Member 222 votes
Cindy Lumpkin Council Member 54 votes
Jerry Nickell Council Member 555 votes
stan McCandless Council Member ,222 votes
,Bob Park Counci 1 Member: 330: vo,tes
NOW, THEREFORE:,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, ' THAT:
Section 1. All of the recitals contained in the ,preamble. of this
Ordinance are found to be true and are adopted as findings of fact by
this City ,Counci 1 andasipart of its judgment" particularly theresul ts
of the! election described therein as canvassed and tabulated in the
preamble hereof and as shown in, and made a part ,hereof for all
purposes, Exhibit A attached hereto.
Section 2. As a result of such canvass and tabulation it is hereby
determined and declared that JERRY.D. NICKELL, with a total of 555
votes cast for him, has been elected COUNCILMEMBER of the City of West
Un l.vers i tyPlace , Texas.
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Section 3. TheCi ty, Secretary is ihereby' authori-:zedand di rected
to' make ,the appropriate entries of information appearing in the
tabulation of precinct results shown in Exhibit A attached hereto in
the election register maintained by the City in accordance with
provisions of Section 67.006 of the TEXAS ELECTION CODE.
Section 4. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance ortheappl 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" iphrase, clause,
sentence; paragraph, section or other ,part of this ordinance to any
other persons or circumstancessha 11 not be (iffected thereby.
Section 5. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of theconflJc,t only.
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 whichthi sordinance.i was di scussed, i
considered or acted upon was given :i n the manner, requi red by i. the Open \ 1
Meetings Law, TEX. REV. CIV. STAT. ANN. 'art. 6252-1T,asamended, and LJ
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 Special Session,.May 4, 1992 ..
16a
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Ci ty Council rati fi es, approves and,confi rms such noti ces and the
contents and posting thereof.
Section 7. The public importance of this measure and the
requirements of the law create an emergency and an urgent public
necessity requiring that this Ordinance be passed and take effect as an
emergency measure, and a state of emergency is hereby declared, and
this Ordinance is accordingly passed as an emergency measure and shall
take effect and be in force immediately from and after its passage.
PASSED AND APPROVED, this the
4th day of
May , 1992.
Voting Aye: Mayor Johnson, Councilmembers Kelly, Duke and
Lang
Voting Nay: None
Absent: None
o
14. j.iAU/-7:-~~ /
~hftt F.Johnson, a --- ..
ATTEST:
KaylynnHo 11 oway
Ci ty Secretary
. (SEAL)
Approved as to Form:
Jame.s L. Dougherty, Jr.
City Attorney
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Mayor Johnson stated' that the. State Election Code prescribed, that the
City Council shall convene not earlier than two days and not later than
six days to canvass returns of the election.
The Mayor requested a motion to adopt. the ordinance.
Moti on was made by Counci lmemberKe llyandseconde,d by Counci,lmember
Lang to adopt Ordinance 1424 as read by May.or, Johnson.
City Council Special Session,,- May 4,1992
164
The mot:ion,was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly, Duke and
Lang
None
None
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Mayor Johnson administered the Oath of Office to Jerry Nickell.
Mayor Johnson stated that the official business of the meeting was
concluded and asked the Counci lmembers if they waul d, 1 ike to say a few
words.
Councilmember Lang stated the election race was hard fought and
congratulated Jerry Nickell on his victory.
Counci lmember Kelly stated that he commended the job that Mr. Nickell
and his supporters followed during the campaign. He cited Mr.
Nickell's community service and personal efforts which were responsible
for Mr. Nickell's election to the City Council. He also stated that
the organized effort of Mr. Nickell and his campaign staff during the
election race would grant Mr. Nickell the confidence in making the
tough decisions required as a City Councilmember.
CouncilmemberDuke stated that Mr. Nickell worked hard during the
campaign and congratulated him on his victory.
Mayor Johnson invited Councilmember Nickell to speak.
Councilmember Nickell stated that he was very happy with the way that
the election turned out. He stated that he worked very hard and
thanked his campaign staff for their devotion and hard work. He stated
that he was now prepared to go to work as a Counci lmember and was
looking forward to a "team effort" and a cooperative City Council. He
commented that he did not run for "Jerry Nickell" but for the City of
West University Place.
Mayor Johnson asked for a motion to adjourn the meeting. Councilmember
Lang made the motion.
CouncilmemberKelly asked to speak before the meeting adjourned. He
asked for verification of the date for the next City .Council meeting.
Mayor Johnson verified that the next meeting was Monday, May 11, 1992.
CouncilmemberKelly requested that the Tree Ordinance be placed on the
agenda.
Mayor Johnson stated that was already taken care of and that he had a
letter for Counci,lmembers Kelly a'nd Lang to read.
Cullen Duke seconded the motion ,to adjourn. Mayor Johnson adjourned
the meeting at 6:25 p.m.
City Council Special Session, May 4, 1992
Kaylynn Holloway
City Secretary
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:Ug7 Q~
iitt F. JOh~ ~
Mayor ,
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CITY COUNCIL REGULAR SESSION
MONDAY, MAY 11, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:30 P.M.
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The City Council convened in Regular Session in the Municipal
Building, 3800 University Boulevard, in the City of West University
Place, on Monday, May 11, 1992 with the following members present:
Mayor WhittF. Johnson and Councilmembers Bob Kelly, Cullen Duke,
Janice Lang and Jerry Nickell. Also present were the City Manager,
Administrative Secretary, City Attorney, Director of Finance and
Administration, Public Works Director and Deputy Public Works
Director/General Services.
Mayor Johnson stated that City Secretary, Kaylynn Holloway was absent
from the meeting and Susan Riedle, Administrative Secretary was
functioning as the City Secretary's replacement at the meeting.
HEARING OF RESIDENTS:
Mayor Johnson invited residents who wished to address the City
Council to come forward as their names were called.
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Jo Sandlin, 6615 Vanderbilt~stated that she and her husband have
been West University Place residents since 1980 and previously
resided at 2714 Cason. She stated that they are presently building a
home at 6615 Vanderbilt. Mrs. Sandlin said that when she and her
husband bought the property on Vanderbilt, it was an interior lot
that measured 100 x 200. She described Vanderbilt as a "lovely
street". The property was purchased in February of 1991 and in
August, became involved in a "wretched battle" with her neighbor who
was on a corner lot and decided to build his home within five feet of
the sidewalk. Mrs. Sandlin stated that her neighbor supported this
decision with legal arguments. She stated that the "battle"
continued for a long period of time and was extremely costly in
financial terms. Mrs. Sandlin said;that in March .of 1992, the Zoning
Board of Adjustment (ZBA) settled the matter. She said that the
reason for speaking to Council was for what she described as the
"on-going" problem with corner lots and whether or not they are
rotated corner lots and whether or not they are platted or
unplatted. She said that she was before Council to make the members
aware that the citizens continue to be concerned about this issue.
Mrs. Sandlin stated that she understood that this, ,has resulted from
what were ~riginally large lots being sectioned ,into smaller lots but
she said that the current situation was going to ruin the look of her
neighborhood. She stated that the Zoning and Planning Commission
(Z&P) had been approached regarding this matter and that they were
"working on it". She stated that she attended. a 'public hearing the
Commission held regarding this issue. Mrs. Sandlin asked the City
City Council Regular Session, May 11, 1992
188
Council to act on the suggestion of the Zoning and Planning
Commission when they present their recommendation and to act
promptly. Mrs. Sandlin ended her comments by saying that the current
situation with the corner lot issue was not fair to individuals who
desired to buy or sell property or just own property affected by this
issue. '
Councilmember Kelly asked Mrs. Sandlin if Richard Edelman was in her
group.
Mrs. Sandlin replied that he was part of the group.
Councilmember Kelly also asked her to verify an earlier statement
. wherein Mrs. Sandlin stated that the Zoning and Planning Commission
was in the process of presenting a recommendation to the City
Council.
Mrs. Sandlin said that the Commission was in the process of drafting
an ordinan'ce.
Mayor Johnson stated that the Council had a letter from the Zoning
and Planning Commission stating that the corner lot issue was on
their agenda. Mayor Johnson said that when he had spoken with Mrs.
Sandlin before the Council meeting, she understood that the Zoning
and Planning Commission was going to take some action; however, she
felt that the strength was with the City Council to ultimately make a
decision.
Councilmember Kelly asked Mrs. Sandlin if her group supported the
recommendation of the Zoning and Planning Commission.
Mrs. Sandlin stated that none of the members of her group had seen
the recommendation, but they had been to the meetings and knew the
Commission had held workshops. She stated that she understood that
the Commission, in'the future, was going to propose a solution to the
problem which would eliminate the "five feet away" corner lot house.
She stated that her group does support the work of the Commission.
Mayor Johnson stated that the recommendation of the Zoning and
Planning Commission would be given consideration by the City Council
and that the City Council awaits their decision.
Jim Norton, 3312 University Boulevard, spoke regarding the proposed
tree ordinance. Mr. Norton stated that 99% of the trees "worth
saving" are oak trees. Mr. Norton stated that most people he had
observed spent several hundred dollars trimming all of the trees,
including the ones that were close to the street. As an architect,
Mr. Norton stated he knew that all builders, especially in "up-scale"
areas, such as West University Place, First Colony and Memorial,
along with the architects, try to plan their houses around
significant trees. He stated that they do not want to lose any more
trees than they have to because they were considered an asset.
Therefore, the builders only lose the trees that were not protected
during construction. Mr. Norton said the trees sometimes die from
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City Council Regular Session, May 11, 1992
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some unknown reason, even if they were fenced off or by-passed during
construction. Mr. Norton stated, that on the small lots in West
University, unlike most lIup-scale" communities, the opportunity to
save every tree and build a house was not an option. He stated that
as a past member of the Zoning and Planning Commission, he supported
the "open-space" minimum requirement. He stated that the City has no
business "bureaucratically interfering" in the private property of
its citizens. Mr. Norton stated that hiring an urban forester would
be useless and asked what the urban forester would do. Mr. Norton
stated that hiring a tree company to trim the oak trees every year
would be sufficient. He stated that a tree ordinance was a very
"misguided" piece of legislation that was an unnecessary expense and
responsibility for the City. Mr. Norton stated that the people would
continue to save as many trees as possible given the smail lot sizes
of the property.
Mayor Johnson stated that there was not a tree ordinance before the
City Counci-land the consideration of the meeting was the
desirability and practicability of hiring an urban forester to help
prepare an ordinance. Mayor Johnson stated that after the ordinance
was prepared, it would be advertised and put on the agenda and would
probably be on the next Council meeting agenda.
Joan McCay, 3029 Carnegie, stated the number of citizens concerned
with the corner lot situation was numerous. She stated that the
Councilmembers were probably very aware of the corner address of 3033
Carnegie where the owner, a new resident to West University Place,
went before the Zoning Board of, Adjustment and asked for a variance
which in Ms. McCay's. terms "would practically destroy the view of
Vanderbilt Street". Ms. McCay stated that she was a nearby resident
of that property, living right next to the lot facing Carnegie. She
stated that the neighbor. in questinn, wanted to build to within five
feet of the property line, especially close to the sidewalk. , Ms. I
McCay stated that upon the issuance of a variance, a precedent would
be set and the result would be a corner with the backside of a house
in her front yard or Mrs. Sandlin's front yard. Ms~ McCay stated
that the overall effect of the corner lot issue involves aesthetic,
environmental and safety factors. She stated that her hope was_ for a
recommendation from the Zoning and Planning Commission which was
beneficiary to all homeowners, not just the individuals on the corner
lot. Ms. McCay estimated that approximately 150 people would come to
the City Council in support of a beneficial recommendation from the
Zoning and Planning Commission.
Mayor Johnson stated that the, Zoning and Planning Commission1s
recommendation on the corner lot was sure to exempl ify what was .in
the best interest of the City., The City Council wou:ld wait for the
Zoning and Planning Commission's recommendation, review and accept
their recommendation.
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Teresa Fogler, 3610. Sunset, presented Council with photographs of her
property (a vacant lot) that had been dug up by a "bulldozer" by City
emp 1 oyeeswho were putti ng i na ne,w sewer tap. for: the vacant lot
behind Mrs. .Fogler's. She stated that she was to.1d by the City
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City Council Regular Session, May 11, 1992
170
employees that the location of where they needed to dig was on Mrs.
Fogler's side of the fence. She stated that by the time she was able
to reach, the dig site, the "bulldozer" was s'itting under her pine
tree and the top part of the "bulldozer" was resting on the bottom
branch of the pine tree. Ms. Fogler stated that she expressed her
displeasure with the situation to the workers and she told them that
she was not happy that she was not made aware of the digging' before
it started. She stated that the work crew's supervisor came to talk
to her and she said that all of the workers, including the
supervisor, were polite in manner to her. She stated that the
workers assured her that they were only going to dig a certain
portion of the sewer line and they would not hurt her tree and that
they would replace the grass that was dismantled due to the digging.
Mrs. Fogler stated that about twenty minutes, after she left the dig
site and went back to her house, she saw the workers back over on the
other side of the fence. After digging a hole on Mrs. Fogler's side
of the fence, Mrs. Fogler stated that the work crew did not find
anything. She stated that they left a patch of dirt, which they did
not sod over, contrary to what she was told by the work crew. Mrs.
Fogler referred the Councilmembers to the photograph in which areas
of her grass had "divets" and the grass was missing. Mrs. Fogler
stated that City employees were not concerned with the use of caution
when doing construction. She stated that what the work crew had to
dig up was a sewer line to put in a new sewer tap and water meter.
She questioned the need for the use of a "bulldozer" to perform what
sh-ecalled,"extraneous damage". Mrs. Fogler suggested that the use
of shovels might have alleviated much of the problem. She stated
that she felt attention needed to be focused on the trees in West
University Place and she encouraged the City Council to hire an urban
forester and pass a tree ordinance.
Mayor Johnson replied that he had ffrsthand knowledge of the
situation. He said that he was on the property ,after visiting
friends in the 'area. Mayor Johnson asked Mrs. Fogler if there was
not a question about the location of the sewer line and easement at
that location. - '
Mrs. Fogler stated she felt it was possible that some of the sewer
line was on her side of the fence.
Mayor Johnson agreed with that statement.
Mrs. Fogler stated that the work crew dug up an area of approximately
3 feet x 2 feet, no more than a foot or two down. She said that if
there had been a house and backyard on that lot, the work crew would
not have used a "bulldozer" to perform the work and used shovels
instead. She said that just because her property was a vacant lot,
that did not grant the work crew the right to "storm over it with a
bulldozer".
Mayor Johnson stated that he was in complete understanding and
sympathy with Mrs. Fogler's situation and he saw, himself, what had
transpired. He stated that the work" crew should not have performed
the work with a bulldozer, he suggested that a light backhoe would
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City Council Regular Session, May 11, 1992
171
have been sufficient. Mayor Johnson said that despite what had
happened, he felt that there might have been a question about the
easement at that location and the sewer line could have been on Mrs.
Fogler's side of the fence. Mayor Johnson said he would refer that
question to the City Engineer.
Mrs. Fogler asked Mayor Johnson if resodding is a requirement, even
if work was done on an easement.
Mayor Johnson replied that resodding is a requirement.
Mike Tanner, City Manager, addressed Mrs. Fogler by saying that the
City does not have a holding facility for such work on a day ,to day
basis. He stated that the procedure was to perform a number of
resodding projects simultaneously.
Mayor Johnson stated that the responsibility was with the builder and
not the City to take care of resodding.
A question as to the exact type of heavy equipment used to perform
the excavation work on the sewer line was addressed. Mayor Johnson
stated that from the tracks on the property, he. was sure that it was
"a big piece of equipment".
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A question as to who the work crew was employed by was addressed.
Mayor Johnson stated that the crew may have been employed by a
builder. Mrs. Fogler said that the crew had City shirts on and the
supervisor identifjed himself as a City employee.
The City Manager stated that the only type of equipment used for the
sewer line connections is a small backhoe. He said the City does not
use a bulldozer for that type of work.
Mayor Johnson stated he was not aware of the City being involved and
said that he was embarrassed by that revelation.
The City Manager stated that the City was going to make an inspection
of the location. He stated that he could not understand why they
would work outside the ,easement ,or do more damage than what was
required.
Mayor Johnson stated that the problem would be investigated.
WATER CONSERVATION:
Consideration was given to a water preservation proposal presented by
West University Elementary School students.
Mayor Johnson introduced Judge Michol O'Conner and invited her to
introduce the members of the "The Trash Busters Committee" from West
University Elementary School.
Judge O'Connor stated that she is the chairperson of a committee in
the City of West University Place that works with West University
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City Council Regular Session, May 11, 1992
Elementary School to encourage recycling and the study of
environmental issues. She introduced the following members of The
Trash Busters Committee:
Bi lly Cornel i us
Jessica Stahl
Elizabeth Lewis
Judge O'Connor stated that Elizabeth Lewis would read a Resolution of
The Trash Busters Committee.
Mayor Johnson stated that before the Resolution was read aloud,
Elizabeth Lewis' parents were to be introduced.
Elizabeth Lewis introduced Betty Ann and Chuck ,Lewis to all present.
She read the Resolution as follows:
RESOLUTION
OF
THE TRASH BUSTERS COMMITTEE
WHEREAS, the Trash Busters of the West University Elementary
School are interested in the environment;
WHEREAS, the Trash Busters of West University Elementary School
are concerned about excessive use of water for lawns;
WHEREAS, the Trash Busters of West Univers.ity Elementary School
believe that sprinkler systems should be installed with rain sensors,
a device that will prevent the sprinkler from running in the rain;
WHEREAS, the Trash Busters of West University Elementary School
understand the Plumbing Code of the City of West University could be
amended, to require all future installations of sprinkler systems to
have a rain sensor;
NOW THEREFORE, Elizabeth Lewis, as the representative of the
Trash Busters Committee presents this resolution to the Mayor and
City Council of the City of West University Place:
BE IT RESOLVED: The Trash Busters Committee requests that City
Council send to the Building Standards Committee the proposal that
all future installations of sprinkler systems include a rain sensor.
Michol O'Connor, Chair
Elizabeth Lewis, -Representative
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City Council Regular Session, May 11, 1992
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Judge O'Connor stated that the Trash Busters Committee realized that
the City has had a lot of rain this year and limiting the use of
water was probably not a top priority; however, she stated that the
City just overcame a ten-year period of drought. She stated that the
sprinkler systems could be installed with a rain sensor device, which
was a small container that collects water and as long as the water
has not evaporated, the sprinkler, system would not activate and water
would be conserved during. the times when water conservation was
vital. Judge O'Connor stated that she had witnessed neighborhood
sprinkler systems on during a rainstorm. She requested notification
by Council of a decision to study the problem, so that the elementary
school committee could be informed.
Mayor Johnson thanked Judge O'Connor for the presentation and
especially thanked Elizabeth Lewis for her reading of the Resolution.
He stated that the Reso,lutionwouldbe presented to the Building
Inspector for his review and recommendation to the City Council.
Mayor Johnson referred to a Houston Chronicle newspaper article,
"Strained Water Supply Demands Attention Now". He stated the most
important information was that if Texas continued to grow as in the
past, the water supply would not be enough to meet the population's
needs. Mayor Johnson offered to allow Judge O'Connor the opportunity
to read and review the information in the article.
Council member Kelly stated that in the not to distant future, the
City of West University Place. will convert to Houston surface water
and after residents. see the bill,: there would, be!a strong incentive
to support a Resolution such as the one read by the Trash Busters
Committee representative.
Judge O'Connor stated that the City of West University was a'leader
in the area for recycling. She stated that taking such action as
proposed by. the Resolution, of the Trash Busters Committee!, other
cities would become involved in .the recycling process.
TREE ORDINANCE:
Consideration was given to the development of a tree preservation
ordinance, engagement of a consulting urban forester to prepare it
and matters related ,there to.
Coucilmember Lang stated that she and Councilmember Nickell met with
the Tree People and a decision was, made that a tree ordinance would
not be made presentable in time for the May 11, 1992 Council
meeting. She stated that they. supported postponement.:of a tree
ordinance until the May 18, 1992 . Council meeting so .that the
ordinance could be reviewed. She stated that Eric Beckers of the
Texas Forest Service, who has been instrumental in helping the City
develop a tree ordinance, presented the text of the, America The
Beautiful grant to her and the 'text, was very expl icit that the City
hire an urban forester with a portion of the grant money to prepare
an ordinance and to write a criteria manual. Councilmember Lang
stated that the Council needed to turn over the information regarding
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City Council Regular Session~ May 11, 1992
a tree ordinance to an urban forester to develop the ordinance and a
criteria manual. She stated that in addition to an urban forester,
the assistance of Building Official , Ed Beasley was needed for
offering suggestions and reviewing the tree ordinance.
Councilmember Kelly stated the preparation of a tree ordinance for
consideration at the May 18, 1992 Council was premature. He said
that Ed Beasley, Building Offkial, must have an understanding of
how the tree ordinance would work. He stated that three items should
be taken under consideration with regard to a tree ordinance: 1)
maximum out of pocket expense for replacement trees 2) reasonable
standard for discretion by an urban forester 3) require the whole
tree program to be reviewed at continuous time periods. He stated
that a maximum out of pocket limit ~as required to avoid the expense
of thousands of dollars to install replacement trees. A reasonable
standard was needed throughout the ordinance allowing discretion by
the urban forester so that he hadflexibil ity when working with the
the public. Councilmember Kelly stated that a requirement of review
for the entire program was to provide future City Councils the
assurance that the tree program was working well.
Mayor Johnson suggested a time period of three to five years for
review of the program.
Councilmember Kelly stated that enough time should be allocated to
allow the tree ordinance a chance to be enacted. He stated ordinance
language allowing future City Councils the options of changing,
abolishing, or continuing the tree program was important.
Councilmember Nickell stated he did not have any ,major objections to
the statements of Councilmembers Lang and Kelly. He stated that upon
readi ng ,the Ameri ca The Beautiful grant, he unders tood the grant
language to read that it was not intended for legal fees and
"massaging" by lawyers, but that it was to be planned out and set up
by an urban forester and put into law. He stated that he wanted the
Council to be very cautious in the preparation of a tree ordinance so
as not to jeopardize the grant money. He stated that the original
grant money was strictly intended for the use of an urban forester as
a "design person".
Councilmember Kelly questioned if there was a problem with allocating
legal fees.
The City Manager stated that legal fees would be able to be drawn
towards the grant, but drawn as a match. The total amount of the
grant was $10,000.00 and the'City has to match the $10,000.00. The
Texas Forest Service had verified that the City may use their portion
of the money'forlegal fees.
The City Attorney requested verification that the grant stipulated
legal fees could be paid from the City's $10~000.00 match to the
grant.
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City Council Regular Session, May 11, 1992
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The City Manager stated that legal fees would exceed the City's match
to the grant.
Mayor Johnson stated that most of the grant money was to be used for
the hiring of a forester consultant to develop a tree preservation
ordinance and to serve as City Forester. He stated that a portion of
the money was to be used to train-City staff on tree preservation
practices.
Councilmember Duke stated that hiring an urban forester was a good
idea. He stated that utilizing a person with experience in
constructing tree ordinances was beneficial.
Councilmember Lang stated that once an urban forester was engaged to
work with the City, she hoped to'have a tree ordinance prepared
qui ckly.
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CouncilmemberDuke stated that the Council would send the information
that had been collected to prepare a tree ordinance to the urban
forestry consultant for preparation of a tree ordinance and then
forward it to all of the parties involved for review.
The City Manager stated that he understood the anticipation of the
various interested parties in the tree issue to have an ordinance
enacted by the City. He stated that 'attempting to enact an ordinance
by May 18, 1992 was premature. He stated that the tree ordinance to
be enacted should be planned carefully and have durability. He
suggested that a future meeting between the Staff, Council, Urban
Forester, and other interested parties as a step in preparing the
tree ordinance. He said the two companies to consider as consulting
urban foresters were Steven L.Anderson & Associates. and Steven Clark
& Associates. He stated that/both .companies were qualified.
Mayor Johnson stated that the City Counc1l should be the "nucleus" of
the payment for the urban forester.
Councilmember Nickell stated that there was no need to establish
another committee regarding the tree ordinance. He stated that the
City needed to acquire an urban forester and collect all file
information and interested parties, conduct a workshop and present a
tree ordinance for consideration.
Councilmember Nickell requested a "time cap" on the amount of time
spent by the consulting urban forester on the tree ordinance.
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Motion was made by Councilmember Lang, seconded by Councilmember
Nickell to engage the services: of"a .consulting urban forester 'with a
sixteen hour "time cap".
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The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Mayor: Johnson', Gounci lmembe.r.s Kelly, Duke',
Lang an.rl>Ni cke 11 .
None
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City Council Regular Session, May 11, 1992
176
Absent: None
The City Council agreed to conduct a workshop session on Tuesday, May
26, 1992 at 8:00 P.M. with the consulting urban forester and review a
status report prepared by the 'consulting urban forester. The Council
also requested the presence of the Building Official, Ed ,Beasley at
the workshop se~sion.
DEPOS ITORY :
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Consideration was given to the depository and authorization to bid.
Chris Taylor, Director of Finance and Administration presented
information concerning the need to relocate City funds in a new
depository. He stated that the current depository is South Main
Bank, who is being sold to another bank and does not intend to
maintain any public fund accounts. He stated that the Finance
Department wasiin the process of soHciting proposals from other
depositories, advertise request for proposals and have proposals
returned to the Finance Department on June 8 and awarded on June 27,
1992. Mr. Taylor stated that the City had 60 days to relocate to
another depository.
Councilmember Duke asked Mr. Taylor what the process was in which he
decided whi-chbanks to solicit proposals, from and Mr. Taylor replied
that he was still involved' in that process.;
Mr. Taylor stated that most of the City's cash was in a checking
account which meant that at anygiventime,especially during tax
season"theaccount contained ;nthe vicinity of 10-14 million
dollars. He stated the Finance Department was looking into putting
the cash into a more organized form of cash management.
Motion was made by Councilmember Duke, seconded by Councilmember Lang
to authorize the Finance Department to solicit bids fora new
depository for City funds.
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The<motion was voted on with the following 'results:
Voting Aye:
Voting Nay:
Absent:
Mayor ,Johnson, 'Counci 1 members Kelly, Duke,
Lang and Nickell
None
None
RESOLUTION FOR ,PARTICIPATION IN TEXPOOL:
Consideration was given to Resolution No. 92-08 and participation in
TexPool.
Mr. Taylor suggested to the City Council that the City of West
University join an investment pool run by the State Treasurer's
officecalledTEXPOOL. He stated the pool was started by Ann
Richards while she was the State Treasurer. He recommended that the
bulk of the City's funds be placed in TEXPOOL, with a portion put
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City Council Regular Session, May 11, 1992
177
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into short term treasury funds. and just enough in a checking account
to pay. obligatory requests for payment of bills.
Mayor Johnson stated that Mr. Taylor informed him that approximately
800 cities belonged to TEXPOOL.
Mr. Taylor stated he has requested a list of cities who are members.
He said that,as a former employee of the City of Abilene, he .had some
experi ence wi th the i nves tment poo 1 . He ,s ta ted that the pool is run
similarly to a mutual fund. A. board sets the policy of the
investment pool and is highly regulated by State law as to what the
pool can invest in, how long the average maturity portfolio can be,
etc. The pool can invest iR,anythingthata municipality ,or
governmental unit can legally i.nvest in. Mr. Taylor said,that
investments or withdrawals are able to be made via the telephone or
computer.
Councilmember Lang stated that she was unsure from the information
given her of what the fees beyond the actual costs were.
Mr. Taylor stated that the interest rate quoted was the net of all
costs. He stated the Pool subtracts only their costs.
Councilmember Duke asked if the Pool was insured.
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Mr. Taylor stated the Pool. was backed by, government securities that
it owns. He stated that the Pool is a "trust" of the State Treasury.
Councilmember NickeM inquired about the negative drawbacks of
TEXPOOl .
Mr. Taylor stated that the rates float on a day by day basis.
Mr. Taylor stated that the City Attorney advised him the City had a
resolution that Council passed and investment policies Council
approved that he needed to research in order to amend the existing
resolution concerning investment <policies of the C,ity and allow the
City to join TEXPOOL. He stated that the, City was able to.begin the
app.liCation process to join. TEXPOOL while the research, and r.eview
process was conducted~ .
The City Attorney stated that the,exJisting resolution approved four
years ago wherein the Council authorized investments outside the
depository contained two provisions: 1) certificates of deposits and
timed deposits, fully insured and 2) treasury obligations. The City
Attorney stated that he believed the TEXPOOL program includes
provisions beyond the scope of the current existing resolution.
Mayor Johnson suggested rescinding the current resolution and
preparing a new resolution.
The City Attorney recommended consideration of Resolution 92-08 and
to conformthefour'.year old resolution to e.nsure .amatch-up between
policy and implementation.
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,City Council Regular Session, May 11, 1992
178
Councilmember Kelly suggested that the rules of the City,Counctl may
reJiluire amendment of the existing resolution or simultaneously
ame,nding the current resolution and approving a new one.
Th~ City Attorney advised the Council to conform the existing
resolution when changing the policy.
,
Councilmember Duke stated that if Resolution 92-08 was approved
during the Council meeting, Council would direct Staff to submit a
resolution to conform the overall policy at. .the next regular City
Counci 1 meeting.
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Councilmember Nickell stated that he did not believe the Council
needed to approve "three resolutions to get one thing done"~ He
stated that he did not view TEXPOOL as anur,gentmatter and suggested
that the Director of Finance and the City Attorney submit the,
existing resolution for amendment and incorporate it into Resolution
92-08.
The City Attorney said in substance, combining both resolutions was
possible. He stated that he believed the TEXPOOL representatives
wanted something to show that the City was authori.zed to. participate
in'the program.
'" . . .
Mr. Taylor stated that basically, Resolution 92-08 was authorizing
the City, to invest in TEXPOOL. He stated that the: Resolution
authorized TEXPOOL to act on, the City's behalf in certain areas. Mr.
Taylor said that he would submit to Council an investment policy in
which he. would like to amend the previous resolution which would be
an all encompassing resolution describing the City's entire
investment program.
Councilmember Duke stated that it appeared from the discussion that
if the City does not have an investment outlet for the extra cash,
the City may be limited in their choice ofa depository.
Mr. Taylor stated that the City wou'd ,not find another institution
similiar to South Main Bank who would handle the Gity',s funds. He
stated that banks such as Texas Commerce" First Interstate ,whi ch are
larger banking institutions, would function as the City's new
depository. He stated South Main Bank was allowing a deadline of
June 20,1992, for the City to locate ,a new depository.
Councilmember, Lang stated that she was in favor of passing both
resolutions at the May 18, 1992 regular session.
Counci 1 member Nickell stated he would, make a motion to tabl e. this
issue until the May 18, 1992 regular session.
Councilmember Duke stated that formalities aside, he believed that'
TEXPOOL was a good idea and he favored giving the Finance Director
discretion to move forward ,in available capacity during the interim,
if the Council did not grant. authorization of Resolution 92-0~.
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City Council Regular Session~ May 11,1992
179
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Mr. Taylor said that without approval of Resolution 92-08, he was
unable to progress in this matter.
Councilmember Kelly questioned Mr. Taylor about the consequences of
tabling this issue until the May 18, 1992 meeting.
Mr. Taylor stated that TEXPOOL would not be able to accept the City's
application until after the May 18, 1992 regular session.
Mr. Taylor suggested to Council that it would not be beneficial to
the City to "mix" the other resolution with Resolution 92-08. He
stated that he was able to reasonably prepare an investment policy
for Council consideration on May 18, 1992.
Councilmember Duke asked for verification from Mr. Taylor that the
request for proposal of a new depository contemplates the funds to
possibly be invested in TEXPOOL.
Motion was made by Councilmember Kelly, seconded by Councilmember
Nickell to table Resolution 92-08 to the next regular Council meeting
on May 18, 1992.
The motion was voted on with the following result:
o
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly, Duke,
Lang and Nickell
None
None
BIDS FOR, STREET RENOVATION:
Consideration was given to bids received April 27, 1992 for street
repair in the 3900 block of Amherst.
The City Manager stated that the City received two bids for street
renovation and the lowest bidder was Lockwood Trucking Enterprises in
the amount of $21,895.00 and the second bid was from Woodruff
Concrete in the amount of $23~975.00. He stated that the Staff
recommended the bid be awarded to Lockwood Trucking Enterprises.
Councilmember Lang questioned whether Lockwood Trucking Enterprises
ever performed a project of this nature before.
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The City Manager stated that the Staff believed Lockwood Trucking
Enterprises was qualified.
Motion was made by Councilmember Duke, seconded by Councilmember Lang
to award the street renovation project to Lockwood Trucking
Enterprises in the amount of $21,895.00.
The motion was voted on with the following result:
Voting Aye:
Mayor Johnson, Councilmembers Kelly, Duke,
Lang and Nickell
13
City Council Regular Session, May 11, 1992
Voting Nay: None
Absent: None
BIDS' FOR COMMUNITY BUILDING:
Consideration was given to bids received April 27, 1992 for the
beautification-landscape project of the Community Building located at
6104 Auden.
The City Manager presented for the ,Council's consideration Phase 2 of
the Community,Buildingimprovementproject and recommended .the .bid be
awarded to Gro~Tech asthe,Jowbidaer:in.the amount of $8,900.00.
Motion was made by Councilmember Lang, seconded by Councilmember
Kelly to approve the bid award to Gro-Tech for Phase 2 of the
Community Building improvement project.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council members Kelly, Duke,
Land and Nickell
None
None
BIDS FOR JMH PARK:
Consideration was given to bids received April 24, 1992 for Phase I
development of J.M.H. Park (Part 2).
The City Manager presented for the Council's consideration Part 2 of
Phase 1 construction at JMHPark. He stated that the project was
divided' into two parts: landscape:andi construction. The low bid by
Gro-Tech for the landscaping portion did ndt include sod. The change
order for amendment that was required would exceed the legal limits
and the/City asked Gro-Tech to withdraw their bid. Gro-Tech withdrew
their bid and ther,efore, Staff recommended the second lowest, bid in
the amount of $29,411.00 submitted.by Landscape Professionals of
Texas be approved by Council for b~daward.
Mayor Johnson asked the City Manager to explain about the reasons for
acceptin~ a bid that was, higher than the bid that was withdrawn from
Gro-Tech.
The City Manager stated that the sod would cost approximately
$6,000.00-7,000.00 and the rental equipment that would be required
was in the cost estimate of $1,000.00-2,000.00.
Counci lmemb~r Duke stated that Gro-Tech' s:bid requi red the ,City
to provide the sod and rental equipment and was not listed in
the specifications.
The City Manager stated at the time of the Pre-bid conference, a
verbal statement was made that sod would be part of Phase II
(Landscape) and not Phase I (Construction), which was under the
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City Council Regular Session, May 11, 1992
181
direction of Mr. George Porcher. He stated that Charles' Tapley,
Tapley Lunow Architects, will be the supervisor of the project
involving sod installation. The City Manager stated that if Council
awarded the bid to the second lowest bidder, he was confident Council
would be satisfied with the work and the City would still be under
budget, approximately $95,000.00 at the present time.
Motion was made by Councilmember Lang, seconded by Councilmember
Nickell for bid award for JMH Phase 2, Part 1 to Landscape
Professionals of Texas in the amount of $29,411.00.
Councilmember Duke asked the Staff if any other "misunderstandings"
existed between the Staff and the bidder.
Jerry Burns, Deputy Public Works Director/Utilities, stated that
during the Pre-bid conference, Staff met with the landscape architect
and the determination was made that it was too late in the year for
seed. Staff explained to all bidders that they wante-d all the bids
to reflect sod and not seed. All bidders, at that time,stated
agreement with the request from Staff and based their bids on the
inclusion of sod. The representative of Gro-Tech stated that he was
not aware of the sod requirement and therefore, did not base his bid
on sod. Staff asked Gro-Tech to re-bid including sod or withdraw the
bid and the latter option was chosen by Gro-Tech.
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The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly, Duke, Lang
and Nickell
None
None
PAYROLL SYSTEM CHANGE:
Consideration was given to releasing the ADP Payroll Services and
changing to an in-house. payroll system.
The Director of Finance and Administration presented the agenda item
to the City Council. He stated that currently, the City engages the
payroll services of ADP and he was recommending that the City'
re-engage the Finance Department as the performer of payroll services
for the City. Mr. Taylor stated that the payroll department within.
the Ci ty frequently corrects ,errors made by ADP. He stated that the
City pays the minimum requirement of the original agreement for the
services.
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Councilmember Kelly .stated that he had talked to many individuals who
also used the services of ADP and was unable to find a dissatisfied
customer. He asked if hourly rates of employees and overtime caused
the majority of the problems experienced by the Finance Department
with regards to payroll.
15
City Council Regular Session-, May 11, 1992
182
Mr. Taylor stated that ADP focused responsibility for the problems on
the City's payroll clerk and the City's payroll clerk focused
responsibility on ADP. The Chief Accountant for the City is the
person who ultimately has to find solutions to the problems that
occur.
Mayor Johnson stated that one of the problems which complicates the
system is the hourly rate procedure.
Mr. Taylor stated that in his opinion, the Finance Department may
have contributed to the problems that they experienced; however, he
stated that the City has the equipment and manpower to perform its
own payroll services and not have to pay for outside assistance. He
stated that the function of ADP is literally to process checks, they
receive all information from.the City's Finance Department. He
stated that the Finance Department has its own computer, payroll
system and check printer which is capable of performing the same
services as ADP. He stated that ADP provides payroll services for
small businesses which do not have such capabilities.
Mayor Johnson questioned whether or not the City was locked into
using ADP for a certain period ,of time.
Mr. Taylor stated that upon his checking, he determined that the City
was free of such a contractual obligation.
CouncilmemberDuke stated that the City would incur an expense
bringing payroll services back in-house. He questioned the benefit
of incurring such a cost.
Mr. Taylor stated that to re-license payroll was approximately
between $3,600.00 and $4,500.00 from the applications reviewed. He
stated that the current budget allows $35,000.00 for the use of ADP
services. He stated to perform maintenance would cost the City
approximately $600.00 a year.
Councilmember Lang stated that instead of dropping ADP, the City
should find out what was going on between the communication from the
City and ADP.
Mr. Taylor stated that, generally speaking, the City has not had
problems with an in-house payroll system. He stated that he
understood the reason for consulting an outside source was for
efficiency measures to allow Rukku Rao, Payroll Clerk, more time for
other duties.
The City Manager stated that before Mr. Taylor's arrival at the City,
when he was directly involved with the Chief Accountant, there were
several times when errors occurred by ADP. He stated that he
repeatedly had to review problems with theADP representative. The
City Manager stated that he did not feel the problems were being
caused by City staff.
City Council Regular Session, May 11, 1992
183
Mr. Taylor stated that ADP was suppose to file a quarterly report to
furnish to the IRS and Social Security Administration and other
appropriate agencies. The City was notified by ADP that they would
be unable'to perform this duty because the City had only been with
ADP for a very short period of time and ADP asked the City to prepare
the quarterly report. He stated that ADP provided the City the
necessary infarmation and the City filed the report., He stated that
the important point is that the City has the manpower, equipment and
past experience to perform payroll services in-house and as for
"checks and balancesll, the Finance Department is audited by an
independent auditor.
Councilmember Nickell questioned whether there was a penalty for
leaving. the services of ADP and if the City decided to return to
using ADP.
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Mr. Taylor stated no penalties existed to his knowledge. He said
that the City was not under contract and that ADP had not been
notified that the City was thinking about leaving.
Councilmember Duke stated that the City decided to use ADP in order
for the Finance Department to have more free time for other duties
and have the payroll monitored. The decision to use ADP was to
possibly gain a long-term benefit of consolidating duties in the
Finance Department and eliminating the cost of maintaining the
computer software on a yearly basis when payroll tax tables were
updated. He stated that if the City rescinds the use of ADP, the
City would license the payroll module and automatically receive
ma i ntenance. '
Mr. Taylor stated that in response to the question of "checks and
balances", ADP was strictly providing the City with data processing
services. The City was preparing all of the paperwork and giving it
to ADP to process checks.
Mayor Johnson asked the Finance Director if he believed that the City
staff had done all that they. were able to do tomakeADP work and
had not done anything to hinder the efforts of ADP. .
Mr. Taylor stated that to his best recollection, the City staff had
done the, best they could to make ADP work. He stated that it was not
in the interest of the City employees to hinder the efforts of ADP or
make the situation worse.
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Councilmember Lang requested to see the file material given to ADP to
verify that II sabotage" was not occurring on the part of the City to
damage the services of ADP.
Mr. Taylor stated that in his opinion, the relevant fact was the City
had the ability to perform a service that was being done by an
outside company and whether or ,not the. responsibility for the
problems existed with the City or ADP was not the important ,issue.
17
City Council Regular Session, May 11, 1992
Motion was made by Councilmember Kelly, seconded by Councilmember
Nickell to accept Staff recommendation and revert payroll services
back ;,n-house.
Councilmember Kelly stated that the suggestion of City employees
contributing- :incorrect information to ADP should be looked into for
substantiation; however, bringing the payroll system back in-house
saves the City money.
Councilmember Lang stated that if the information is incorrect, it
did not matter who was cutting checks, problems will continue to
arise and if the system is in-house, the mistakes can be covered up.
Council member Nickell stated that the City has a new Finance Director
and a good staff; therefore, give the City staff a chance to retrieve
payroll services in-house and if there are problems down the road,
the Council will assess payroll services to an outside party.
Councilmember Duke questioned as to whether the City had entered into
the license agreement with USTI for the conversion to the new system.
Mr. Taylor stated the City had not entered into a license agreement.
Councilmember Duke asked if the City had paid for the payroll
software. Mr. Taylor stated the City had not paid for the payroll
software.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly and
Nickell
Councilmembers Duke and Lang
None
REPORT ON FUEL:
Consideration was given to a report ~n the new fuel system recently
installed at the Public Works Department site.
The Director of Public Works stated that the fuel system was in
operation. He stated the report attempted to state how the system
worked, how City employees obtain fuel from the pumps and showed the
various types of reports generated by the fuel system.
Councilmember Kelly asked about control over the fuel system. He
used an example of someone pumping gas and then driving off.
Jerry Burns, Deputy Director of Public Works/General Services, stated
that keys are available in different offices and there was absolutely
no control.
Councilmember Kelly asked who the party in the organization was that
handled the program.
184
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City Council Regular Session, May 11, 1992
185
Ed Menville, Director of Public Works, stated that he was the
individual in charge. He stated that the Public Works Department
would be monitoring the operation of the system and reports would be
provided to the Finance Director for his review and individual
departments which use the system would be able to view the reports as
well as the City Council. He stated the reports were very
comprehensive and furnished a large volume of information for review.
Mayor Johnson stated that the Council did not have enough time to
review the report presented and asked for the report to be included
on a future agenda.
Councilmember Lang stated that the Council would be better prepared
to ask questions regarding the system as well as understand the fuel
system if the report was placed on a future agenda.
Councilmember Duke asked when the most convenient time would be for
Council to view the system and see, firsthand, how it operated.
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Mr. Burns stated that he would find a vehicle to use as a
demonstration. . He stated that the system could not be "cheated".
Mr. Burns stated a poli'ce officer, in a hurry to respond to a call,
put in 2500 for mileage and the next day when the sergeant went to
fuel the vehicle, he put in the correct amount of 14,500, which
resulted in computer stating, that the sergeant used 8 gallons of
gasoline and travelled 12,000 miles and would not allow him to pump
gas into his vehicle.
BUDGET AMENDMENT:
Consideration was given to the first and final reading of Ordinance
No. 1426 (AN ORDINANCE AMENDING THE 1992 FISCAL YEAR BUDGET OF THE
CITY OF WEST UNIVERSITY PLACEJ TEXAS; CONTAINING FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY).
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The Finance Director presented Ordinance No. 1426.
He stated that the amendment would amend the City's budget to enable
the City to fund items that hadariseo since the original budget. He
stated that, the changes in funding' 1 isted in the budget amendment
were ones formally approved by City Council.
Councilmember tang stated that the changes were discussed in a
previ ous' workshop.
Councilmember Nickell asked if the money to be appropriated for the
Charlotte/Lake Ar,ea improvement was, goi ng to go through a planned
bond issue. He asked if a bond issue should come first or if funds
should be appropriated first.
The City Manager stated. that it was his recommendation to discuss the
bond issue in a workshop session on May 18, 1992.
19
City Council Regular Session, May 11, 1992
Councilmember Kelly stated that the City could not fund the entire
program out of reserves. He stated that his vote, would be tocuse
some of the reserves and go out on a bondis~ue for Charlotte/Lake
area improvement.
Councilmember Lang stated that the City should use assessment.
,
Councilmember Duke stated that funds have already been appropriated
for the expenditures for development and to some extent spent.
The City Manager stated the understanding was that the City Council
wanted to expedite construction. He stated that Council wanted a
significant project to begin this year and for that reason, the City
had tocol1sider the utilization of reserves for design. He stated to
go beyond designs was different.
CouncilmemberNickell stated his perception was that the City had
some exposure on the designs~' He stated that he did not think the
City spent $211,580.00.
The City Manager stated that the Council and City Manager needed to
get together to discuss the issue.
Councilmember Nickell stated that he felt uncomfortable with all of
the budget amendments. He stated that the "computer could have
waited until the next budget". He said that the City needs the new
computer system; however, he just wanted to make sure that the
Council was appropriating money wisely.
Mayor Johnson stated that he felt it was appropriate to pass
Ordinance No. 1426.
Councilmember Kelly stated that he wanted the record to reflect that
he wanted a IIlean and mean budget". He wanted "zero based budget
items", he wanted to draw a hard line on the budget proce~s and he
wanted the opportunity to go through the year and make each item
justified through the year, rather than commit the Staff, at the
budget process, for every unforeseeable thing that may have come up
or have the Staff inflate whatever they might or might not have
wanted. He stated that he saw an advantage to having the Staff
approach Council throughout the year with 'items that would come up
instead of including them in the budget. He stated this was the
philosophy that he liked. Councilmember Kelly stated that the
reserves were too high and he felt that the Council should take
advantage of opportunities when they arose. He stated that Mr.
Taylor was not with the City when the Council established their
budget process. Councilmember Kelly stated computers were a good
idea and HISD has been wasting over a $100,000.00 a week and one of
the reasons established by their consultants was that their data.
processing equipment was out of date. He stated that the Council
would have been ill-advised to wait another year to give the Finance
Department the computer- system essential for operation.
Mayor Johnson read the caption for'Qrdinance No. 1426 as follows:
186
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City Council Regular Session, May 11, 1992
1817
AN ORDINANCE AMENDING ORDINANCE NUMBER '1412 WHICH APPROVED
THE BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 1992, and ADOPTED ON
NOVEMBER 25, 1991; CONTAINING FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY.
Motion was made by Councilmember Duke, seconded by Councilmember
Kelly to adopt Ordinance No. 1426.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly, Duke,
Lang and Nickell
None
None
REGULAR MEETING CHANGE:
Mayor Johnson read Ordinance No. 1425 as follows:
~
ORDINANCE NO. 1425
CITY OF WEST UNIVERSITY PLACE
AN ORDINANCE CHANGING THE REGULAR CITY COUNCIL MEETING DATE FROM
MAY 25, 1992 TO MAY 18, 1992; AND DECLARING AN EMERGENCY.
BE IT ORDAINED, BY THE. CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. Notwithstanding Section 2-1 of the Code of
Ordinances of the City of West University Place, Texas, the regular
City Council meeting date of May 25, 1992 is changed to May 18, 1992.
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Section 2. A state of emergency is declared requiring
passage of this ordinance to be passed finally at this meeting.
PASSED AND APPROVED THIS 11th day of May 1992.
Voting Aye:
Voting Nay:
Absent:
Signed: .
ATTEST:
21
City Council Regular Session, May 11, 1992
188
Kaylynn Holloway
City Secretary
James L. Dougherty, Jr.
City Attorney
(SEAL)
Motion was made by Councilmember Lang, seconded by Councilmember
Duke to adopt Ordinance No. 1425.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci 1 members Kelly,
Duke, Lang and Nickell
None
None
Counci lmember Duke suggested that the ordinance regardin-g the
policy for re-setting Council meetings should be changed to reflect
holidays.
PAYMENT OF LEGAL SERVICES:
Consi~eration was. given to the payment of $8440.77 to the City
Attorney for legal services performed_(April .1 through April 30,
1992)... -
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Mayor Johnson. presented before Council a total amount of $8440.77 in
legal fees to be considered for payment to the City Attorney.
Councilmember Kelly stated that the individual invoices were
distorted monthly due to the tree work and HISD work.
Councilmember Duke asked if the fees for HISD had been submitted
for reimbursement by HISD.
The City Manager stated that was to be done. He stated that he hoped
the work would be done within the next week or two and be able to
send all legal fees for reimbursement at one time.
Councilmember Nickell stated that the City needed to ensure that
the "Keep America Beautifulll work was appropriated properly to the
grant.
Councilmember Kelly asked Susan Freeman if the "Keep America
Beautiful" grant allowed the City for one more re-application.
Ms. Freeman stated that the application process was annual for four
years.
The City Manager stated that the problem was a conflict between the
original grant application and the contract. He stated that he did
not believe it was understood until the last week, just whattheCi-ty
City Council Regular Session, May 11, 1992
189
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could and could not do. He stated that on a number of occasions, the
Texas Forestry Services told the City it could utilize legal services.
Motion was made by Councilmember Kelly, seconded by Councilmember
Nickell to approve payment of legal fees in the amount of $8440.77 to
the City Attorney.
The motion was voted on with the following results:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly,
Duke, Lang and Nickell
None
None
The City Attorney left the regular session at 10:50 P.M.
Councilmember Lang briefly left the regular session at 10:50 P.M.
and returned at 10:53 P.M.
FUEL STORAGE AND REMEDIATION:
l
Consideration was ~iven to fuel storage tank installation,
remediation, payment of $58,839.10 to Dup's, Inc. and reimbursement.
The City Manager stated that the Deputy Public Works Director/General
Services, Jerry Burns, would present the agenda item to Council and
answer any questions.
II
Mr. Burns stated that the original project with regard to tank,
removal and remediation was basically completed. There were a few
items, such as receiving extra gate openers, that were still
pending. He stated that the.next phase of the project was addressing
the well. The drilling of a 250 foot well was expected to begin on
May 12, 1992. After the results are received from monitoring the
well, the Texas Water Commission (T .W.C), wnl, instruct the City on
further work to be done. He stated the drilling process would be one
time only with a special drilling rig. The cost estimate is
approximately $26,000.00.. ,He stated that he' had mailed the last
batch of invoices to the T.W.C. on May 6, 1992 in the amount of
'$188,364.75. He stated that an inquiry regarding previous invoices
in the amount of $215,220.90 forwarded to the T.W.C. was to be
reviewed by the T.W.C. to see what items were reimburseable. He
stated that he informed the T.W.C. representative that the project
was going forward and the City needed the money. Mr. Burns stated
that after the contract was reviewed by the T.W.C. and forwarded to
the City, the Staff would review the T.W.C. 's findings and if all
items ,were ,agreed. upon, sign the contract and return it to the T.W.C.
Mayor Johnson ,inquired as,to how far. thedistance;,was going to be
from the old well to the new well. i;
Mr. Burns stated the new ,we'll wou'ld be approx:imately 10, feet south ;,
from the old well. The City would find the point of contamination,
and the results would be sent to the T.W.C. Mr. Burns stated that
23
City Council Regular Session, May 11, 1992
if the contamination was very serious, the T.W.C. may require the
City to drill the remaining., 900 foot well. He stated the City hoped
the situation would not be that serious and would only require the
setupofa recovery system.
Mayor Johnson inquired about the process of monitoring the well.
Mr. Burns stated as the drilling is in operation, the samples would
be sent up every two feet and the samples are then sent to the lab.
He stated that when drilling 250 feet, every ten feet, samples are
also taken and the results of those samples are sent to the T.W.C.
He stated the drilling will take place once and if the T.W.C.
instructs the City to do vapor recovery at that well, the City will
have to set up a type of recovery system.
The City Manager stated that there were different instruments used to
draw hydrocarbons to use as samples.
Mr. Burns stated that the recovery system would probably be
underground. The results of the samples would be sent back to the
hydrogeologist and forwarded to the project manager to be sent to
the T .W.C. with a recommendation and the T.W.C. would provide final
instruction.
Councilmember Duke inquired as to whether the City would have to
leave the drilling equipment in place, while the results were being
reviewed by the T.W.C. in order to preserve the drill site.
Mr. Burns stated ,the City would case the hole; cover it up and move
the drilling rig out.
The City Manager stated that at some point in time; the well site
could be closed and abandoned.
CouncilmemberNickell inquired about a "set" remediation plan
or analysis submitted by Oup's, Inc. to the T.W.C.
Mr. Burns stated that Dup's, Inc. submitted a remediation plan to
the loW. C.
CouncilmemberDuke asl<ed if the City was at .the stage were it was
completely satisfied with the project work since the Council was
considering making final payment on .theoriginal contract to Dup's,
Inc.
Mr. Burns stated the City had a iwal k-through , a, punch list and the
only item left was to pick up drums and, a pile of dirt. He stated
that there were two low areas in the asphalt and he was waiting on
Dups' asphalt contractor to make repairs. He stated that the only
issue with regard to the computer system was that his staff was not
very familiar with it; however, Dup's, Inc. had a data consultant
who assisted the Staff in answering questions regarding the computer
system.
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City Council Regular Session, May 11, 1992 i
191
Mayor Johnson stated that the final payment before, the Council would
fulfill the obligation of $8i,252.81 of the first contract; however,
that it did not release Dup.s, Inc. from obligation to. the City. .
Motion was made by Councilmember Duke,; seconded by Counctlmember
Lang to approve payment in the amount of $58,839.10 to Dup's, Inc.
The motion was:voted on with the, f.o.llowing result:
Voting Aye:
Mayor Johnson, Coucilmembers Kelly,
Duke, Lang and Nickell
None
None
Voting Nay:
Absent:
PAYMENT FOR PRIORITY AREA 4, PHASE 1 SANITARY SEWER .RENOVATION:
j
Consideration was given to the payment of Estimate No. 2 in the
amount of $133,734.82 to Whitelak, Inc~ for work performed (April 1
through April 30, 1992) in construction of sanitary sewer renovation.
The City Manager stated that the Director of Public Works, Ed
Menville and the Consulting Engineer, Dieter Ufer, were present to
answer questions regarding this. agenda item.
Councilmember Kelly inquired as to why the loudest portion of the,
project was between the hour of 6:30 A.M. and 7:00 A.M. in the
morning. .
The City Manager stated that the City has had surprisingly only a few
phone calls regarding the noise and he had anticipated more than the
number of calls received.
The Director of Public Works stated that after the first night, a
si 1 encerwasplaced on the, pumpingdevi ce..
The City Manager stated that a muffler was placed on the pumping
device and brought the noise level down considerably. He stated the
devi ce woul d" conti nue to produce. no:i se as: long as the pump was in
operation.
Mr. Menville stated that the contractor had talked to some of the
neighbors after the silencer was put in place.
The City Manager stated that, there was, 'a tremendous amount of water
that needed to be extracted so construction ,could begin~ ,
Consulting Engineer, Dieter, Ufer, . stated that he was not . aware of an
exact time period of how long the pump would be needed.., He stated
that the crew was drilling about ,200 feet a day and they had 800 feet
left to go.
25
City Council Regular Session, May 11, 1992
Mayor Johnson requested Mr. Ufer' sengi neers take a. look at the
construction on Sewanee and,Tangley. . He was concerned with the
destruction of sod in the area.
Mr. Ufer stated that problem would.'be looked into.
Motion was made by Councilmember Kelly, seconded by Lang to
approve payment of $133,734.82 to Whitelak" Inc. for work performed
(April 1 through April 30, 1992) in construction of sanitary sewer
renovation.
The motion was voted on with the following result:
Voting Aye:
VotcingNay:
Absent:
Mayor Johnson, Councilmembers Kelly,
Duke, Lang and Nickell
None
None
HEALTH INSURANCE AND. BENEFIT, STUDY:
Consideration was given to the engagement of consultant to perform
health insurance and benefit study.
The City Manager stated that the information was late in being
prepared for Council review and he was not sure if it was a
discussable item for the agenda.
Mayor Johnson asked if a workshop session was required on this agenda
item also.
The City Manager stated that a workshop was appropriate and he wanted
to present what was developed over a period of time and the
information before City Council was the information accrued from a
list of 8 firms. He stated that Councilmember Duke recommended
$25,000 be budgeted for performance of the compensation study as well
as the insurance study.
Councilmember Duke stated the compensation study had already
started and the insurance study was ,the second part of the project.
The City Manager stated that the Staff was making a specific
recommendati on; of ,engagi ng .De,l bert L., Smi th for a number of
reasons. He stated that Mr. ,Smith haswor,ked with a significant
number of cities and school districts, he works for TML, performs
work for them and also works for the State of Texas. He stated that
he felt Mr. Smith was ,objective,. The initial review could be
completed in thirty days. Mr. Smith proposed to see who was the
City's provider, competing cities procedures, private firm providers
and determine what the needs of the City were. Mr. Tanner stated Mr.
Smith would be able to prepare bid specifications, accept and review
bids in a time period of 90 days.
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193
Mayor Johnson stated that he wished the City had other names of
cities to compare with besides Sugarland, Missouri City and
Houston. He stated that was not a fair comparison.
The City Manager stated that the Mayor had probably reviewed the
proposal from The Wyatt Company.
Mayor Johnson stated that he was looking at The Wyatt Company
proposal and he felt uncomfortable with it.
The City Manager stated that he was under the impression that the
Wyatt Company thought the principal competitors in the market were
the City of Bellaire and Missouri City. He stated that he supported
a workshop, if Council so desired, to discuss this agenda item but he
wanted to at least present the information already received.
Councilmember Duke stated that he wanted an opportunity to review
both proposals. He stated he also wanted to know who the other firms
contacted were and indications as to why they were either eliminated
or in situations were they chose not to bid. .
The City Manager stated that he would provide a 1 i stto Council.
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Councilmember Duke stated that he would like to put this item on
the next regular session agenda for consideration and then make a
deci s ion.
The City Manager said that Delbert L. Smith could be made available
to the City Council for questions at the next regular session.
Councilmember Nickell requested Mr. Smith bring a list of cities
that he planned to use as a comparison.
The City Manager stated that information would be included in the
design.
The City Council tabled this agenda item for discussion at the
regular session on May 18, 1992.
SISTER CITY PROGRAM:
Consideration was given to matters related to the Sister City Program
(SAINTES) and the requests of former Mayor Michael Parks.
Mayor Johnson stated that former Mayor Michael Parks was willing to
serve as the official West University Place liaison contact with
the Sister City, Saintes, France. He stated he was unsure if funds
were available in the budget for such a venture.
II
The City Manager stated that $3,000.00 was budgeted last year.
The Finance Director stated that there was $3300-3500 in Community
Relations in the City Council budget but he was unable to find any
details to support specifically what the funds were for.
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City Council Regular Session, May 11, 1992
194
The City Manager stated that was specifically struck from the
budget. He stated that last year $3,000.00 was appropriated and
$800-1100 was spent on Francophile activities.
Mayor Johnson stated that he believed that $800 was approximately
spent already this year for a visit by citizens of Saintes, France.
CouncilmemberDuke stated that the issue was designating Mr. Parks
as a representative for the exchange of correspondence and he felt
that was a great idea. He stated that if monetary requests are made
in the future, they should be dealt with at that time.
Councilmember Lang stated there was great interest in the Sister
City program and supporting the program.
Councilmember Duke stated that City Currents was the contact for
this program.
Motion was made, by Counci lmember Nickell, seconded by
Councilmember Kelly to appoint Michael Parks as the spokesperson
for the City of West University in relation to the Sister City.
Saintes, France.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Kelly,
Duke, Lang and Nickell
None
None
[
CITY COUNCIL MINUTES:
Consideration was given to the minutes of the following City' Council
meetings:
(a) City Council Workshop Session on April 21, 1992
(b) City Council Regular Session on April 27, 1992
(c) City Council Special Session on April 27, 1992
Councilmember Lang stated that she had to leave the meeting on
May 4, 1992 early and the minutes reflected her as absent, returning
and then absent again. She stated that on page 16 she should be
marked as absent on all of the votes.
Mayor Johnson stated that there were a number of grammatical errors.
Councilmember Lang asked the Administrative Secretary if the
computer program had a spell check and grammar check option.
The Administrative Secretary stated that there was a spell check
feature but that she was not aware ofa grammar check feature.
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City Council Regular Session, May 11, 1992
195
Councilmember Lang stated that proofreading by another party
might alleviate grammar errors.
Mayor Johnson stated that the common mistake through the minutes was
the changing of verb tenses.
The City Council tabled the approval of the minutes to a future
meeting after correction.
COUNCIL COMMENTS:
Councilmember Lang stated that for the past two weeks, a trailer
was parked at the corner of Westpark and Quenby.
The City Manager asked what kind of trailer it was.
Councilmember Lang stated she believed the vehicle was a rubbish
trailer and the axle was resting on a coffee can. She said that a
neighbor of hers had reported it to City Hall and two police officers
and nothing was done to remedy the situation. She stated that the
Ordinance states such a vehicle be removed within 48 hours.
The City Manager stated he would find out what the status was and
remedy the problem.
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Councilmember Lang stated that she received a letter in her
packet from the Expressive Therapy Center which stated that the City
Council had voted to deny their request for a fun run through West
University Place and she stated that she did not vote to deny the
request. She stated that she did not like to get "fussed" at for
something, she did, not know about. She stated what.ever the reason for
the denial of the request, Council should be mad~ aware of the
situation in the event that they are confronted.
The City Manager stated that he had consulted with the Mayor in order
to verify policy and make sure the City was doing the right thing.
He stated that the City had become a very popular site for fun runs,
bike tours, etc.; therefore, organizations outside the City and
non-residents are coming to the City for these events.
,-,
Mayor Johnson stated the City looked on the situation as a commercial
enterprise also.
The City Manager stated that the organizations draw upon the City's
resources and the City is required to coordinate with public safety.
He and the Mayor felt that businesses and organizations in West
University Place and residents should be having such events here.
Councilmember Lang asked what would happen if the City Manager
told outside organizations that such a request needed to be submitted
to the City Council.
The City Manager stated that he would be happy to refer all such
requests to City Council.
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City Council Regular Session, May 11, 1992
196
Councilmember Duke stated he did not want to become encumbered with
the volume of such requests.
Councilmember Lang stated that the only thing the City Manager
would have to tell requesters was that such a request would be put on
an upcoming meeting agenda for consideration.
The City Manager stated that he would try to isolate and identify the
requests that hold the most significance. In response to Teresa
Fogler's comments regarding the digging for a new sewer tap, Mr.
Tanner stated that the City most likely used a small tractor
specifically bought for such a purpose, to install the new sewer
tap. He stated the small tractor is designed to create minimal
damage to the surrounding landscape when digging is being done.
Councilmember Kelly stated that the City does not have committee
work to contend with this coming summer and he suggested that the.
summer be devoted to the infrastructure plan. He stated meeting two
nights, a week for two to three hours each time, even when not all of
the Councilmembers were able to attend, he believed that the
infrastructure plan would be completed by the end of the summer. He
stated that his objective was to complete the infrastructure plan and
appropriate for its funding.
Councilmember Nickell stated that he did not see a way to avoid a
bond issue. He stated that activating the Strategic Action Committee
on this issue would be beneficial in selling the bond issue. He
stated that, the Council needed to encourage involvement.
The City Manager stated that the agenda items for the regular session
on May 18, 1992 would be reduced to enable the Council to meet in a
workshopqn the bond issue.
Motion made by Councilmember Lang, seconded by Councilmember
Nickell to adjourn the regular session.
The meeting adjourned at 10:33 P.M.
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Susan Riedle
Administrative Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, MAY 18, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
9:00 P.M.
******************************
The City Council convened in workshop session in the Municipal
Building (3800 University Blvd. on Monday, May 18, 1992 with the
following members present: Mayor Johnson, CouncilmembersBobKelly,
Cullen Duke, Janice Lang and Jerry Nickell. Also present were the
City Manager, Administrative Secretary, Director of Finance and
Administration and the Public Works Director.
DISCUSS CAPITAL IMPROVEMENTS, METHODS OF FINANCE AND RELATED
MATTERS:
There was agreement among the Council members that the City needed to
hold a bond election.
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Mike Tanner, City Manager, stated that the City could not go into a
bond election with a divided City Council. The City would not be
able to commit financially to an "out-of-pocket project".
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Councilmember Nickell asked what the phases were.
Mr. Tanner reported that Phase lwas the Charlotte/Lake area. This
project was an area bound on the east by Kirby, the south by
University, by Wakeforest to the west and then Tangley on the north.
The phase would involve sanitary sewer reconstruction along with
street and drainage work. The cost had been estimated at
$4,317,600.00. A bond issue would involve $4,100,000.00 if the City
followed past procedures.
Councilmember Kelly asked whether i.n this particular area the water
and sewer had already been taken care of. Mr. Tanner stated that the
water had been taken care of. The project would involve sanitary
sewer, storm sewer, bascic draining and paving. This particular area
was selected because they were some of the worst streets in the City.
Councilmember Duke stated that by doing everything in Phase 1 at one
time, the City does not have to tear up the. same streets twice.
Mr. Tanner stated that Priority Area 6 was the western most part of
the City. It has been divided, into four parts because it is too big
of a project to tackle at one time~
Mr. Tanner suggested that if the Council was in agreement to begin
with the Charlotte/Lake area, then the next question was how many
bond issues and what amounts was the City willing to pursue.
City Council Workshop Session, May 18, 1992
Councilmember Kelly stated that originally the Council thought that
the City would fund the Charlotte/Lake area out of the reserves. He
was not sure what kind of bond issue the citizens would be
comfortable with and he was not sure of the tax rates.
Mr. Tanner stated that the City would have to raise the tax rates
approximately three to three and a half cents for existing debt. The
City did not have interest earned on bond proceeds to transfer
anymore. It was very unusual to do utility work with an ad valorem
tax rate. There are advantages to the issuance of joint obligation
bonds and the use of tax bonds. There is a lower rating with little
payment of interest. He was not advocating moving to revenue bonds,
but to continue with general obligation bonds. However, the City
needs to pledge revenue and that entails raising the utility rate and
transferring an amount from the utility fund to the general fund to
offset costs.
Councilmember Duke stated that the City's utilities were not carrying
"their fair share" of costs.
Councilmember Kelly stated that once the City is "movingll, citizens
will be better convinced of making a deduction on their federal
income tax.
Councilmember Duke stated user fees have been abused at state and
federal levels in lieu of tax increases.
Mr. Tanner stated that with user fees people who use more, pay more.
The Staff feels the City should move in the direction of an
identification process and the establishment of costs. In other
words, if the garbage collection costs are two dollars a month, then
that is what the rate should be.
Councilmember Nickell stated that he felt the City Council should
proceed with the bond issue. With the numerous senior citizens in
the community, he did not think a tax increase would be prudent.
Councilmember Duke stated that he would be opposed to putting the
issue solely through a utility rate increase. The Council should
decide on a reasonable combination of a bond issue and rate increase.
Mayor Johnson reminded tne Council that in 1993, the City of West
University Place was going to negotiate with the City of Houston and
there would be a tremendous rate increase in water bills.
Mr. Tanner stated, in most cases, when citizens vote on bonds, they
want to know what the tax rate increase will be. If the City does
not use a utility rate increase, the remaining option is ad valorem
tax. That does not include operation and maintenance. New
services, such as the employment of an urban forester, is probably
one example which would require the City to raise the tax rate and
raise user fees.
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City Council Workshop Session, May 18, 1992
199
Councilmember Lang questioned the proposed expense of $28,000~00 for
the employment of an urban forester. Mr. Tanner felt certain that
the City would be able to obtain the services of an experienced urban
forester for that amount of money. Councilmember Duke stated that
amount should also include operational expenses, such as need for
supplies, etc.
CouncilmemberDuke stated that the water and sewer fund from the
budget showed an excess of revenues over expense. The expenses did
not accurately reflect the capital cost. Regardless of what the
budget showed, water and sewer fund loses money.
Mr. Tanner stated that when the City got into surface water
conversion, the reserve fund would be utilized more than ever. The
reason Staff has taken the position of supporting a utility rate
increase or user fee inc~ease is because the ad valorem tax rate can
not handle the job.
Mayor Johnson stated that if the money is not in the reserve fund,
then the City must raise ,rates. Mr. Tanner stated that without a
utility rate increase, for just doing the Charlotte/Lake area
improvement, the City was looking at a thirty-nine cent tax rate.
There was no reason to believe that there would be a significant
change in the tax base.
]
Mayor Johnson stated that he did not want to see a tax increase and
rate increase at the same time.
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Councilmember Duke, stated that the City would have to go out for the
entire amount wi.th bond proceeds because: otherwise the City would not
have the cash to pay for it.
Mayor Johnson stated that the City Council should consider the
Charlotte/Lake area and the 6a or 6b project for improvement first
and then consider the other projects with a $10 million bond issue.
Councilmember Kelly stated that the Charlotte/Lake; area and the 6a
project were major undertakings for the City.
Counci,lmember, Duke :requestedthat the Council obtain the services of
a financial advisor before decidingwh.ich projects should be done. A
financial advisor would be able to inform the City Council as to how
much they can raise for fund:ing. He felt, the City Council needed
"to sell the whole package". If all five projects are done, half of
the City will be complete with at least water and sewer. The Council
needs to let residents ,outside; the Charlotte/Lake .areaand the 6a
project area know that "their time is comingU and that, the process is
being accelerated.
Mayor Johnson stated that the City would ask 'resi;dents to vote for
whatever the City can finance for this year and next year.
Mr. Tanne'rstatedthat ,the numbers presented to the-City Council were
numbers drawn up by financial; advisors and were based on rough
3
City Council Workshop Session, May 18, 1992
estimates. Until a bond sale was conducted, the City could not be
sure of what it had. A bond election is meant as authorization to
sell, a,bond sale is totally different. The role of a financial
advisor is . i.n the sa 1 e, tel li.ngthe City when to sell and when not to
sell. The City does not plan to sell more than once a year ,and each
project or phase would probably be sold by itself. The Master,
Capital Improvements Program has been discussed with Dieter Ufer,
Consulting Engineer (Langford Engineering) and Claunch & Miller.
Within one hundred to one hundred and ten days, the City could
probably have a complete plan that would .bring everything together
with estimated costs.
Mayor Johnson suggested letting Langford Engineering work on part of
it and Claunch & Miller on the other part and get the plan expedited
much faster. Mr. Tanner stated that the City had a master plan for
utilities;however~ it did not have one for streets and drainage.
Mr. Tanner estimated the total cost to be approximately $65-$70
million dollars. The City had already budgeted $100,000.00 dollars
using bond proceeds.
Counc.ilmember Duke stated that the more information the City Council
could giv~the public, the more receptive the citizens would be.
Taking one hundred days to complete a master plan was impractical.
A bond election would have to wait until the fall and then start
construction close to the end of, the year. Construction should be
started when the children go back to school.
Councilmember Kelly stated that the advantage of the Charlotte/Lake
area was it was a well-defined area and the City was currently having
engineering done, so when the bond issue happens, things will get
finished. When the Council presents the bond issue to the public,
they do not want to appear as if they have a specific area in mind
for improvement.
Mr. lannerasked the Council what projects they wanted to seek
authorization for bond issues. The financial analyst could not tell
the Council what people would vote for.
Mayor Johnson stated that he supported putting Charlotte/Lake area
and the 6a area up for bond authorization.
Councilmember Nickell stated that he supported Charlotte/Lake area
and the 6a and 6b areas.
Councilmember Lang stated that she supported Charlotte/Lake area and
the 6a and 6b areas.
Mayor Johnson stated that it was in the City's best interest to see
what the tax rate would be before committing the City Council to the
projects. To support a $15 million dollar bond issue without
reviewing the tax rate was not practical. He recommended that the
City get some financial advice as to what it would cost the City to
perform such projects and a possible rate increase figure.
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201
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After discussion, the consensus of City Council was to seek the
services of a financial advisor.
Councilmember Duke suggested that the City re-finance some of the
existing bond dividends. The City could possibly significantly lower
its borrowing costs assuming that the incremental costs of additional
bond issues were minimal.
The Mayor stated that some of the existing bonds were subject to a
ten year call and the others, a financial advisor would go into the
market and 50licit investors who are looking to shorten or lengthen
their portfolios.
Councilmember Lang stated that she would like to attach sidewalks to
the overall construction. Mr. Tanner suggested that the Council
could do separate issues or put everything together. Up until now,
the City has failed to recognize sidewalks as a responsibility and
liability.
Councilmember Duke stated that many older homes in the community had
existing sidewalks that were in good condition. There are many new
homes with new sidewalks. Homeowners are unable to take care of
curbs, street5 and sewer line, but they can take care of sidewalks.
o
Mr. Tanner reported that the City was building approximately 5,000
linear feet of sidewalks a year.
Councilmember Nickell felt that sidewalks were a tough issue and
would be hard to tackle in a bond issue.
Councilmember Duke felt there would be less support for sidewalks
than for streets.
The City Manager asked the Council if there were any other issues
they would like to have considered for improvement or construction.
Mayor Johnson stated that he had spoken with many residents and he
felt that a new gymnasium would carry votes.
Councilmembers Nickell and Lang stated that they did not support the
Mayor's position.
[
Mayor Johnson stated that the property owners have the right to say
whether they want a new gym or not. Mr. Tanner suggested that on the
bond issue ballot, the three projects could be put together and then
list the purchase of the YMCA property or new gymnasium on the ballot.
The cost of the YMCA and a new gymnasium would have to be estimated.
Councilmember Nickell stated that the Parks Board had already made
contact with the YMCA.
Councilmember Duke stated that he wanted the infrastructure items to
stay as the top priority.
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City Council WorkShOp Session, May 18, 1992
The Council agreed on improvements for the Charlotte/Lake area, 6a
and 6b areas, getting a financial advisor and approving the
engagement of a financial advisor at the next Council meeting. The
Council would also discuss the utilization of a rate increase.
It was the consensus of the City Council to schedule another workshop
session for June 1, 1992 at 6:30 p.m. to discuss the bond election.
ADJOURNMENT:
With no further business to come before City Council at this time,
motion was made by Councilmember Duke, seconded by Council member
Kelly to adjourn the workshop session.
The meeting adjourned at 10:15 p.m.
Susan Riedle
Administrative Secretary
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203
CITY COUNCIL REGULAR SESSION
MONDAY, 'MAV 18, 1992
MUNICIPAL BUILDING .; i' (:
3800 ,'UNIVERSITY BOULEVARD tj':
7 : 30 P'. M. "
*********************************
} - , ,,".' ~. .
The ,City Counci.lconvened in "regular se-ss,ion in thetMunicipal
Bu i ld i ng : (3800 Un i vers i ty Blvd.),l on May 18'~ .19\9'2, wi tho the, fo 11 ow,i ng
member,s:: present: :Mayor Johnson,: Pres:idi.ng;Councilmembers Hob Kelly,
Cullen Duke;' Jerry NiCkell., .AlS'0'presentwere the City Manager,
Public Works Director~' Deputy Public Works' Director/General Services,
Building 'Inspector, Finance'D:itector, Po:1ice Chtef, City,Attorney and
Administrative Secretary. Mayor Johr:\'son delivered the invocation and
CouncilmemberNickell led the P'ledge of Allegiance.
HEARING 'OF RESIDENTS:
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Mayor Johnson i'nvited residents ,tospea.'k who had 'matters they wished,
to bring to the attention of, the Ci'tyKouncil.
Louise D. Jones, a resident at 4143 Amherst, stated that in October
1991 the City Council said that they would. not ,cut City ,services and
Colonial Park pool hours would not be changed.. The pool hours were
changed from 8:00 a.m. to 9:00 a.m. on Sunday during the winter. An
individual must wait for aclane and she felt that this .inconvenience
was a'result, of the cutting' of"City' services. ,She requested ,that the
City Council. change the open'inghour:'of ;the,pool;onSunday to<8:00
a.m. :'." ;!? ;.:~,.I;- ; . ,1,:.
Mayor Johnso~ stated that the City Manager and Recreation Director
were' studying a program to present to the City Council. The decision
to change'the pool hours was based.onaStaff recommendation after,
thorough examination.
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Chris Taylor, Director of Finance, stated ,that..effective' June 4th,
the opening summer hour for Sunday would be 8:00 a.m.
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Counci '1 member, Jan; ce Lang a'rri \fed. at: 7: 41 p,.m.
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HEALTH INSURANCE;ANDBENEFITSTUDY:
Considerat:ion was '~fiveni to, theengggement of a consultant to perform
a health insurance. and, benefit'study. ',. '
1 I
Mike Tanner, City Manager, recommended the services of Delbert L.
Smith be'engaged.by the,City,to,perform,the, study. Upon Mr. Smith's
review,: if,the'Ci'ty:'s :polic~ needed tobe'."changed, the City could.
move to develop or design a package to be bid.
City Council Regular Session, May 18, 1992
Mayor Johnson asked Mr. Smith to address the City Council.
"., ;,~.
Mr. Smith stated he has been a benef~t~,specialist for over twenty
years. He worked primarilyJ""publi~lRlans" has consulted
to the Texas Municipal Leagueforthe;~past,thirteen years and also
consulted for the State of Texas,~' :"He,has extensive experience in
cities as well asp,ri,.yate",industry~ The,p.roposal was in two phases.
The first phase was basically a "fact gathering session" in which his
company would look at claims experience, experience with third party
admini str:ators , how , re'r:insurance: w,o_rked"clue to selfr:-J rr~vran,ce ,levels
of ir,e-insuranc~and \ func;ti f}g,~ s"ee' if re~e,Y\;v.E!shavebE!en estab 1 is,he,dat
the level'requlredj': ,ar;u:t baslcal,ly~ta,kE! "an:iQve,rall"QutlQokof, the
current ,C,'ity, plan. He wo,uJd ,a,lso.;lpo,k: :a,t whether the:';Q,en~fits
prov,ided,to employ\e,es ~were; "too ,rich l.Q!r, tQonarrow,"andwhet,heryhe
Ci tyshould make ,changes tn ,thel c;ujrreQ,t ,PQ Ii cy ,as to,tDerequirements
of the, law~J' Thesec,ond phase; WQul;d be a presentatiof) ,of. 'findings t(),
the City and would .involve, a dec.isiona,s,:!:.Q t;l1e next ,course, of
action. '
Mayor Johnson suggested that the assistance of Mr; ~Ashley ,Brown, a
broker familiar with the City's plans and loss ratios'; woUld be a
great assettoMr~: ,Smith tin ,hi:s;.pertormance of ,ahea lth insur,ance and
benefits study. Mr. Brown.is:raffJli.ated with.Hea}thNet,the ~i1:Y's
current administrators.
.~l ~ J
Mr . Tanner; ';t:eported the amountbudgeteg Jor the health;i n~uran<;:,e and
benefit study,was $25;000.00. '"., '
n
Mr.Slilithreported:thatPhase 2 ,would i,nc;luc\e distrib.ut{ng bid ,
speciftcations. Bi dspecifi:cationswoul'd bedeve 1 ()Ped .~nd, r;ecei yed,
spreadsheet~.wou ldbe iprodu~ed, :,perfOrl:na,DC;~ of aftnalJ~ j,a 1 i apayls i s
would be undertaken and finally the package would be presented to tt,te
Staff and City Council.
Mr ;Smith esti ma ted,thefi rs t ,phase to . bE!' approx i,mate1y $45()Oand the
second phase at $6000, plus $1000 inout-of:-poc;~e;t e~genses. '
Mr. Tanner estimated total maximum cost for the entire project'was
apprdximately~$12,000~00~ including fees~1
Councilmember Nickell stated that the City budgeted $25,000.00 for
both surveys, with the second survey being a compensation survey.
He inquired if there was a ,way to" "capnthE!s~ryey, tp be.~pnducted by
Delbert Smith at $10,000.00 and if the amount was exceeded, to
approach the City Council to appropriate additional funds.
Counci lmember Kelly stated that every(~hing th~ City Co~m.c:iL,had
studied on this issue had been a savings to the City. Evetytime
Counci 1, has had a consul tant,] ook at"anexi,sti ng program,,! the'('e had
been a net savings to the City. t1e:col]1mentedtha,tthe proposed study
was well-worth the cost of the decision.
. . _. .; ,0. .,
Motion"was ;madeby Counc,i lmember Kelly"and s,econded, byCouncn~embE!r
Duke, to, accept the recommendatton of the City Managet ahd move ahead
204
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City Council Regular Session, May 18, 1992
205
J
with Phase 1 of the~studyof the health and benefits program of the
City of West University Place.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:, ;
Mayor Johnson, Councilmembers Kelly, Duke,
Lang a,nd N i cke 11
None< "
None:
REPORT ON FUEL:
. ~ f
Consideration was given to a report on the new fuel system, its
operation and security;."" :" ' ,'"
! ) ~ ,
Jerry Burns~ Deputy Public.Works Direc,tor/General .Services, stated
that the reports would be distributed to the individual department
head for review.
J
Mayor 'Johnson asked Mr. Burns H the' report:would, assist him and the
City Manager in,,;identifying:vehicles that.shou14:'b:e'<done away with or
traded in. " '
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..~ ~ . .: _ ; s.
Counci lmember Kelly stated that the management ':services generated by
the report would be astronomircalfor years.;, Th'e advantage of having
the r.epoy.-tsgenerated i,n-hous~,-was ,that. the City,.,wouldbe. ab1e .to
develop the programs and not have to rely on an 'outside source.
The Public :Works Department was in the process:of'setting up
a maintenance program which ,would tell ,them, when to have the
vehicle serviced and"if they ignored the notice, it would shut off
their fuel supply.
The r.eport'wbuld also provide information to the,Finance Department
every month re9ardingfuel inventory, expenses, ,etc.
, ,
Mayor~Johnson asked Mr. Burns about the refunds from the Texas Water
Commission. '
----.,
I
I
Mr. Burns stated that he received the first three ,contracts from the
Texas'--Water"Comm'issH>n'.The T .W,.C.was deducting quHe, ,a few: iitems
but they were 'going to,accept 75% of what the City was forwarding to
them. I Oneof,.the; points: qu'estionedby the LW.C. was why the City
shipped their contaminated waste to Shreveport, Louisiana instead of
shipping it to Tri-Cell. Mr. Burns stated that was because Tri-Cell
was under water. Mr. Burns and Ed Menville, the Public Works
Director, would meet to review the find.ingsof the T .W.C.
. '. .
Counc-ilmember Duke'stated that Curtis DuPriest assured the Council he
was being paid to assist the, City, .in substantiat,ing,:the items,
challenged by the T.W.C. at no additional cost to the City. .
,3
City Council Regular Session, May 18, 1992
206
Mr. Burns stated that the T.W.C. has been in contact with Curtis
DuPriest.
Mayor Johnson stated that the City had, satisfied its contract ,wi,th
Dup's, Inc. and he was unsure as to what kind of hold the City would
have on them. .
'-
Counctlmember Duke asked if the magnetize'difuel supply card was
permanently stored in the vehicle. Mr. Burns explain~Q that the
assigned vehicle must be fueled using the card kept inside the
vehicle. The Public Works Department had a plastic holder on the
sunvisors to store the cards in their vehicles. An individual can
not use another card to fuel a vehicle. The odometer and fuel supply
card must match up.
Mr. Burns stated that different employees drive different vehicles
and tracing is difficult. All Water Department employee numbers
match up with certain vehicles and ,only those would be allowed to.be
fueled.
Councilmember Duke referred to the Transaction/Audit report and asked
Mr. Burns ho'w the extended pnice was determi ned. Mr. Burns exp 1 a i ned
that, when the City.buy,s fuel ,the next itime, he would plug in the
amount of fuel that goes into the undergr.ound storage tank and &1$0 ,
the price. The Public Works Department plugged in the figure of
$1.00-per.gallonfor this month. Duringfithe next r,efueling, the tank
will be overlapped withexisti.ng fue11already jnthe tank and the new
purchase; however", the.> fuel will 'bediispensed at .the dollar figure
which was last entered.
"---
Councilmember Duke referred to the inventory report and asked if
there was a report that: reconciled the inventory report back, tp the
usage at the pump, so the City, knewwh~t fuel was lost to
evaporation, etc.
Mr. Burns stated that he would inquire about such a feature. His
department would monitor what goes in and what goes ,out bY receiving
bills of lading when a load of fuel is delivered'as to how much fuel
was put into the truck and. exactly hoW much goes out of the truck~
Councilmember Nickell asked if the City took care of vehicle
maintenance. Mr. Burns explained that the majority of oil changes
and vehicle maintenance was done, on',:City Property~ The police u[lits
are maintained at, Jiffy Lube and the fire Department works on their
own vehicles. The City collects all of the used oil and recycles it.
PAYMENT FOR ENGINEERING SERVICES,:,
Consideration was given to thepaymen't of $29,189.05 to Langford
Engineering for providing engineering services.
L
City Council Regular Session, May 18, 1992
l
J
Councilmember Nickell asked:,if.the engineering fees, for the' .
Charlotte/Lake Area I improvement '.could be r'ecovered"with a b:ond .issue.
or assessment. Mr. Tanner reported that norma Uy, the cost ,of
one-third of the construction would be considered on assessment.
Typically; a city 'pays ,for the 'first ,two-thirds ;,andicthe homeowners ~>n
each .side pay ,for the remai ni!ng <one-thi rd. , , ,
,.
CouncilmemberNi eke 11 expressed concern about how, the $21.1,'000 was
being spent and with the ti-me f,rame'inv,olved. (,;",
"
. .
Motion was made, by .Councilmembe,y.. Duke, seconded, by,\'Oouncilmember ,Lang
to approve payment of Invoices :Nos. :6.823" 6824,...6825 and 6826 ,in 'the,
amount of $29,189.05 to Langford Engineering.
The motion was voted on wi th the fo l10wi ng y,"esult: '~, I
'j
,...;../
Voting Aye:
.Voting Nay:
Absent:
Mayor Johnson" Councilmemllers Kelly,: Duke, i,
Lang and Nickell
None;
None " . .
, ! ", :" i '
. .'if_
COUNCILCQMMENTS:
l
,
)
, ,
Mayor Johnson discussed the reception held,onMay ,21, 1992 by Warner.
Cable in which a charitable organization would receive a donation
from Warner'Cable in the amount ,of $2500.00." Mayor Johnson ,suggested
nomi natfn'g .the Communi ty Ch'ri s'ttan. Servi ce Center (,CCSC), as the ' ."
charitable;organization representing the ,City of,WestUniversity
Place. He has worked closely with the organization and it was one of
the most efflc1ent', charitable 'organizations that. he.,was aware; of~. .
i.
The office was not located in West University Place; however, ,the
organization was responsible for the delivery of Meals on Wheels
which have quite a few West University Place; residents as clients.. .
The City pai d 'approximately,,$300 a month. for.delivery.of .mea ls ,to-
residents in West University Place.:, TheCCSCoperates ,tne,Sunshjne
Shop located at Bellaire and Mapleridge in the City of.Bellaire.
. "
..........
!
5
207
I
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1.
City Council Regular Session~:May 18,1992". 208
Mayor Johnson sug:ge.sjiedthat with~the :COu.ncil:,s p,ermi,s;sjon,' he w.ould,
recommend, the Gommuni.ty Christian Service Center as the nominated
charity for W,est Uni,v~r.sity .Pla,ce.. 'f
- '.' , ",-'oj." . "..: L
Mayor Johnson, repor..tedthat. he, .had..rec:eived a 1 etter .f.r,om the. " :,' ,
Chairman of the Zoning and P.larining ,Commi,ssion regard:in,g 'a,request.,
for assistance from th~ City Attorney and Staff in making revisions
to the: zoning .ordi hance. :Also . i ncl uded in the ,1 et;ter, was:a-
recommendation to appoint :,Ger.a)l,d ;Pels"to JH,ll the ,vacant seat ori the
Board. Mayor Johnson presented Mr. Pels resume to the City Council.
He a,ls,o received two recommendations! from: Br:ettRule,and.,froJ11.;the
Chairman of the .Commtssion, Geor:ge Ruhlen.j Ron Sands :was. also
recommended. ~, , ;p',l i " '
Councilmember Kellysuggestedlfthat,the,ttem be ,placed on the J,une 1,
1992 agenda so the Council may vote on the new replacement for the
Zoning..and P'lanning:'CommtssJo.n. ;,~; .
, .' ", f . i"i :' ) (
Councilmember Lang stated that at the las)t,:Counci.l meeting ,(May 11,
1992) she brought a complaint before the Council regarding: the
removal of a trailer in front of a house on Quenby. The neighbor
told Councilmember Lang that the dispatcher requested that he
identify himself. Councilmember Lang asked the City Manager if this
was correct. Mr. Tanner stated that the dispatcher wo~ld recorq the
complaint; however, he stated that they would also ask for the
resident to identi.fyhimself~' ,:J-,~,'i _".
-.J 1 . . . , .' ~ .' . .
Mr. T~lJner stated thil't the Staff ran :a,check 'to se.e if,. ther:e ; were 'any
call s and none' weY.',e "flound.: ,Hedi scus.sed :'uhe s j tU,ati 01') with the .
Police ,Chief,andthere,was ,no explanatioo,or record ofa call.
, , ,
, , ,.. ~ ~ . ~,: I . ~. " . , ,
Councilmember Lang stated that .the s,~ntiment fel t by citizens _ ~<;is
that the Police Department did not express concern for such
non-emergency, matters. '
". . , -
Mr..Tanner!stated that City employees: have 'gone. beyond normal me~ns
to help Citi.zens ,inJthepast.,:He"did not, have"an explanation for:what
happened,,;n ,Councilmember Lang.',$' case. ,', '.
,':1:
Mayor Johnson commented that it was hi's understanding that when a
resident:called,the police djspatcher; they, were asked for their. "
name ,address and. teleph<me.number.; -He stated that thedisp<;itcher w~s
reluctant to give the answer until the information was obtained~
The Police!Department. routinely searches for ,witnesses ;or p~rs9~~ .to
corroborate statements. ,If someone ,do,es not, want to ,give such
information, the,dispatcher,will.take the; call anyway..
Councilmember Duke asked wher;e. the City stood on the compensation '"
study.: Mr. Tanner,.reported-;that the City'received a job .descrip,tion
survey,and,it..was 'being reviewed by.' Staff. The projectjshquld be
completed in a few'weeks~ ' The,.:.5taf.Lmight be able to make a
presentation to the City Council at the next regular session.
City Council Regular Sess~on,May 18, 1992
209
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Councilmember-.ouke, stated that-at the last regular.sesston, the
Counc i 1 voted to authori ze s-pend i ng .money from :th_ed' Ame_ri ca The, '
Beautiful" grant to hire a consulting urban forester. He asked what
the status was on this issue: Mr. Tanner stated that he had jnformed
Steven Anderson that he had ibeen engaged -as the, consulting urban,
forester for a time period of 16 hours. He ,also informed Linda Day.
. '
Council member Nickell asked if -the u~ban, for,ester had been 'proviided
an opportunity to review the most recent tree ordinance drafted by
the Tree People. Mr. Tanner stated he understood the urban forester
would review what had been done'by the 'tree 'study group and ,then he
would address the issue of a criteria manual.
"
> ~}
v
, _ l' I
Councilmember-Duke stated he wantedsthe-..City to~-be involved in the
process and di:d -not want the issue to be. dir,.ected ;by any particular
group. He; reques ted an opj,ect:hfe evalua t ion, wUh Xi ty i nvo 1 vement,
especially from the Building Official, Ed Beasley. '
The City Manager, stated that the City' could somehow ,become: embroiled
in a pol-itical,and,emotionalr;debp.te.:. The"C.ity was not interested in
that. ' II
I
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t; r '
With regards to the salary study, Councilmember Kelly stated ,that he
remembered a deadline of April 1st and that he wanted to go on record
as stating he would not pass or consider any budget, unless a salary
and benefit study was completed. Aside from the infrastructure
issue, he considered the salary and benefits the "real key to the
budget". "
Mr. Tanner r.eportedthat Delbert.Smith,the health insurance and
benefit'consultiaint, felt"tha-t th~ Ctty',would;be-able to;compl~te a"
review in thirty days. The design of specificattons.' andithe-ibi.d" '
process would take ninety days, if the process was necessary.
Councilmember Kelly stated that he would very much like to see the
City Council consider instituting the old-time tradition of town
meetings. He wouJ~ advocate erecting signs and a post announcing the
specific informatilon suchas\:the date, time and place. Once the
message got out, he felt:there would be a cross-section of the
community present. In regard to getting the City involved in the
tree ordinance process, he considered the Building Official, Ed
Beasley, as the Ukey man" in that process. If the Building Official
does not understand how the tree ordinance works, the ordinance was
"doomed to failure". The City Council wants Staff input, and'iwouJd
back the recommendations of the Staff.
--.,
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Councilmember Nickell stated that his concept of the urban forester
was someone who would work "hand in hand" with the Building
Official. The two parties need to work as a team and on the same
level.
Councilmember Nickell stated that in his Council package, he received
a letter regarding potential litigation regarding Jim and Todd Falk.
]
City Council Regular Session:,,'May (18,'1:199,2:
, - '... ... ~.'; '! . .
210
He requested ,a:s tatus ; ;report. and recomme,nded ithat ,theii..Gj ty ,arriVe ,at.
a settlement with,thef Fal ks: to, get ,.th,Eblo.a~e resolved. .'
., .::,; . . , .,' ,J ;,; ; , ::. " " .,.
Mayor Johnson stated that ,the; Fa 1 k matter. ,needed: tQ, be. referred .to
the Texasi:Municipa:l League which.handled degal claims for~the City.
'-
, , ' . - I I , ".~ . i . ~. . i. :. '-.I ,
Councilmember Kelly stated that the usual procedure was for the
Pl ain:tiHfs' attorney tocontact,,:the C:i:ty's .counsel-and ,not conta,ct
the City directly .' ,.: ~,"i :: ;,. ,'j.: . .. "
", J\ ,~. : (lj j!:':~;'i:',;" \.1 ~! . _.
Mr. Tanner agreed that .the.Gilty ,staff. wouldfalJow up. 'c,,, !"..
;- {
"
Councilmember Nickell stated that he received a notice in his Council
packag'e rega'rdi ng ia 'meeti ngb:'etween :.the .MayorJ,'Ci ty Manager, Fi,nance
Director and. City ,Attorney,.. "He inquir,ed as ,to what policy matters
wer.e ,going to :be discussed and 'ff.the\me:e,t~ng was :open to the, other
Counci lmembers. ,..,' -:_: r' C. . ,...:1 ."~\.' l-~ ,
MayoYlJohnson 'stated, that ther.eJ wllis.a .matter,.for,.dis,cu.ssion with the'
Ci.tyAttorJney, .arid :he' ,d,:j d ~ri'()Jt '.see any pr:ohi bitionwhy the other .
Councilmembers could not attend. Mr. Tanner stated that the meeting
was an administrative meeting regarding an investment policy
ordinance. ';'
. ,; ,
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. . ,':
. ~': \..
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II
ADJOURNMENT:
i
L
Wi th no further bus;.ness :to, :come before Ci ty Council at. thi s, time', ,
motion"was:,.made by Counci lmemberLang,seconded..by ,.Counci lmember Dl)ke
to adJourn:,the:meeting.. ,,' ":'.'
.. I .,; f
The meeting adjourned at 8:55 P.M.
J:, ....
,,~
I' ,..,'
i.
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Susan Riedle", ' , "
Administrative 'Secretary
. ,i
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"
,".. .
/ i ~ .
211
l
CITY COUNCIL SPECIAL AND .WORKSHOP SESSION
TUESDAY, MAY 26, 1992 in,
MUNICIPAL BUILDING
!3'800UNIVERSITY, BLVD'. .
8:00 I?;.M.,"~ "~I
****~***~*******~******~****~**
The City Council convened in workshop session in the Community Building
(6104 Auden), on May 26, '1992. . Mayor. Johnson presiding; ,
Councilmembers Bob Kelly and Cullen Duke were present. City
Manager Mike Tanner, Public Works Director Ed Menville, Finance
Director Chris Taylor, City Secretary Kaylynn Holloway and Building
Official Ed Beasley were also present. '
i _.'
COLONIAL PARK IMPROVEMENT:...
l
------'
Consideration was given to.a Park and Recreati.on Board recommendation
to improve Colonial Park.
Carol Burke, Chairman of the . Parks' and.Recreation"Board, presented a
proposal to the Council listing two phases for improvement in the
Colonial; Park area. .. Phase -I, dthe:,wes't .end,:consisted of relocating the
fence to 'enclose :the grass area, relocating the vollleyball court, .
putting sod in the existing location, placing pea gravel under trees,
purchasing playground equipment, additional chairs and tables and also
purchasing a baby sprinkler for the wading pool.
The playground equipment wou1!d bel'ocated 'iinside the fenced in area
which, during the summer, would only ,be accessible to persons paying to
use the pool facilities.
The.wading pool is.currently hot and the baby:sprinkler would operate
off of water pressure and cool the pool. " : , '
Ms. Burke!s presentation included estimates for the improvements. ' ,She
stated that the Parks Board and the Friends of West University Parks
Board, t9gether, would like to recommend to Council that $7,000 of the
expense, be paid out of the' Parks Fund and $6,000 be paid from the
donations collected from the water bill.
Improvements in the east end, Phase II, ,included grading and
hydromulch, trees, additional picnic tables and grills and"re~ocation
of the sand volleyball court. Ms. Burke stated that additional dirt
may be needed to 1 eve 1 the ground. '
Mike Tanner, City Manager, explained that the estimates presented
represented preliminary plans that the Par,k,s' Boatd\l.wouldl.ike.for the
City Council to consider. If the Council agrees to the improvements,
the Staff':wOuld get definite amounts.: ' He suggested. that. .Council ,
,iauthor,ize'the Staff to draft -specif.ica,t,ions, to better establish" costs
and eliminate specific items which could be,purchased outright. ,He
Minutes of City Council Meeting, May 26, 1992
212
estimated a'budgetofi$30,00Q.toicomplete'Phas.e ,I; ,cand I!. The Council
could look at the allocation of'ithe Priem:ls and the Parks Board funds.
.~, ;'
A motion was made by eounctlmemQe,riDuke.,;to refer the project to Staff ~
and come back to Council ont.he 'J.un.e 8 meeting with a recommendation,
bid specifications';better cost estimates" and some financial details as
far as fund availability.
. >; "
: ," ~.{ ,_ '...-, I
Councilmembersl;Jerry,Nickell"and.;'~anic;e, l(!ng joined the meet,ing,
at 8:35~p~m~ . ' .
< ~ " '
. <,J,U'-?
, '-' '. ". I 'j . "
Mayor Johnson briefly explain~Q,;t.;he'p:roposal being presented byC~rol
Burke to Councilmembers Nickell and Lang.
Councilmember Duke stated that he was not prepared to make a decision
on the project until the Staff had time to further analyze the project.
-. ~ , .~ .
"'. Mayor, Johnson . asked "the .,City<Secretar:y. to:rep,~q.t the, motion. ,made by
Councilmember Duke.
Councilmember,Lari,gseconded . the. motio,n.
....,-.,, :.. ',"
'II..... , .~. t .
Colincilmember Kell:y"amended .)themoti:Qn ,to iia,lloca tee "LIP, to the ;$~, ,00.0 for
Phase,L,(a) :so. ttileproject ;could.begio'.andrefer 'an,.th~ rest of the
project,.to Staff. ',. , i.., 'ii
. , ; ; j . . : ~ t -,; i: ; .' .; . ,
Councilmember Lang seconded the amendm~nttQ themotjon.
Councj lmemberN;,ckell i:nquired,.about theamount.:of .rnone.}1,the Poa,rks'
'Board was .,donati ng to::theproject.; , .
A substitutive amendment was made by Councilmember Nickell to
include a,c ande.ofPhase I 'up>to the amounts!prqposedwith the
current Parks Board funds. . _, '
Councilmember"Kelly seconded,the substitutive !'iIDencll!lent to the
. motion. I '
<, i, ' ~ :' :o'- " . '
. ,. I ", "
The motion with the amendment was voted.,on<with tbe f9110wing result:
Voting Aye:
Voting Nay:
, Absent:
. .
Mayor Johnson,
Duke.land Lang,'
None
None. .
. I _' ~ - '..' .' '.' \.' ...; ;
CounCilmembers Nickell, Kelly
.'r'1
, ; '.'. .~
Considerati.oniwas::g.iven, to:,the. .engagement,. .of Rauscher; P.;erce
Refsnes",lnc. as financial. advjsorand th,e provisipJl of;profes,s,;onal
.services,. .;:.i.,
Minutes of City Counci I Meeti.ng . May 26. 1992 . :
213
J
Mayor Johnson presented a 'proposa,l and fee schedule from Raus.cher.i
Pierce Refsnes. Inc. sett~ ng"forth'ithei r, :finanoi:al services to. the
City. He stated that these were the financial .adv)i sors"that :handled
the 1988 bond election.
1 ~. .
Motion was made by Councilmember iKelly; seconded. byCounci lmember
Nickell to authorize the Mayor to accept and execute the agreement
between Rauscher Pierce Refsne's, Inc .1 and the Ci tyofWest
University Place. e "
~,' '..,.' ",,,'
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The motionwasvoited on with,thefol;lowing result,:
Vati ngAye:
Voting Nay:.
Absent:
Mayor :Johnson';i.COUricilmembers : Kelly ,
Duke and Lang .1
None ,; i)
.None :
Ni ckell ,
:......
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ZONING AND PLANNINGCOMMISS:ION,,'APPOlNTMENT:
J
;-jl'
Consideration was given to..the.:appoint)llentof Ge,rald Pels to the"
Zoning and Planning Commission.
Mayor Johnson presented a letter 'from .George Ruhlen recommending.
Gerald Pels.totheZoning andPlanningOommission~
" i"
Motion was made by Councilmember Duke, seconded by Councilmember~
Lang to table the agenda item until the Council has had an
opportuni tyto i ntervi ew;;thecandi date. I.'
The motion was voted on with the following result:
Voting. Aye:
Voting Nay:
Absent:
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Mayor Johnson, .CouncilmembersKelly, Ni.ckell.
Duke and Lang; ,I
None
None
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TREE PRESERVATION:
A discussion was held concerning a tree preservation ordinance,
employment ofan:urbah foresterandrelated.issues,~
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Linda Day of the Tree People, presented Council with a.. modified tree
ordinance which was the result of the latest meeting held by the
designated group to prepare a tree. ordinance. Ms. Day a,nd:Ms.Burke
read and discussed with Council the issues of the tree ordinance.
Steven Anderson, Urban Forester, and Ed Beasley, Building Official,
werepresent.d.uring the discussion.
Some of the changes were. in the definitions of a building site,
significant tree, tree disposition plan, and tree survey. Significant
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Minutes of City' Council Meeting,. May ':.26., 1992 . ,
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changes were. made in. the crJteriafor.~ssuance of permits, ,in. the.
requirements for bundin~fanddevelopment' permits and in. the vi.olation
section of the, ordinance:
~
Mayor Johnson suggested developing a procedure manual which included
steps to obtaining: a'building,perm'it.::,;:, ':.:.
Mr. Tanner, Steven. Anders'on, .Mr.. Men'ltn.e, Mayor ,Johnson and Di eter,
Ufer, Consulting Engineer, toured the City to determine' what the impact
of tree preservation could be. They discussed what the costs would be
to save the trees .dur,i ng thecapijta 1 i Improvement proj ects ., "
Mr.Ufe;r..presente'd to' CounciLplansand,estimates for the preservation
of trees during street, sanitary sewers, storm sewers and water line
repa i rs. The tree ordi nance woul d need to be exami ned, and, i.ncorporated
into their specifications after its adoption. He stated that to his
knowledge his company had never lost a tree. There would be a 10%
minimum increase in the project cost of the project the tree ordinance
impacted. The sanitary sewers and storm sewers are placed in the
street riding surface sothei.trees, .are;"nctt. ,a.ffected~ '. With a: tree: area
as dense as is in the City o-r'Wes't Univer'sityPlace, it will have an
affect e.n the cos't;of the .p.roject b.ecau's'e ,you are now digging up
streets instead of grass.., , .
Mr..'Tanner s'tated that: it d.s be.comingmore apparent <1,0 the staff that
it will be impossible 'for, oneurban:,f.orester, to .do :everything the City
expects him to do. He suggested using the help of consultants on the
biggerprojects~i' L..
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Councilmember Nickell stated ,thaha.staff,urban'~foresterwo\lld take the
City light years ahead of where they are right now.
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Councilmember Kelly stated that it would cost the City more money
to have a tree preservation ordi'nance.than ,to!,not hav,e. one. The
ordinance has allowed the City CoulWil an option on City projects iJ
they so desire.
It was the consensus of Council 'to have the revisions of the tree
ordinance made and presented to Council at the earliest meeting
possible.
ADJOURNMENT:
;,:- .
With no further business:.to comebefore::C'ity Coune;,l at th,is. tjme,
motion was made by Councilmember Lang, seconded by Councilmember
Nickell to adjourn the session. "
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The: meeting adjourned at 10:45' p.m. .
Kaylynn Holloway
City ..S~creta~y .
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'CITY COUNCiIL.,WORKSI:IOP SESSION "..
. , Mo.NDAV", ,JUNE2 8,.- 1992 ,ii""! :. -
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
,:f. ',il ,6..:45 P:M. , '. '
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The City,CouriC<il convened,dn .workshop: session: in; thee Municipal
Building, (3800 University Boulevard), on June 8, 1992, with the
fo Ho\,!:;.ngmeinoers "pres~nt :,LMay,or.HJohnson: 'pr.es idtng;' C.ouncU members
Bob Kelly, Janice Lang and' Cullen'Ijuke~'Also present were the-
City Manager, Mi.ke Tanner, Finance) Director Chr;s;Taylpr ano"Ctty .
,Se.creta'ry', Kay:-ly.nn .Ho]jlo.way.. '1, ~~b?rl~ .
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INTERV[IEW:.P.ERSONS;EOR APPOINrMENIJ TO THE ;ZONING AND, iP1LlANN I N,G,
COMMISSION:,,','H ~ ;;" , ..' "., . f' .', ,.
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The City Counci 1 'briefly:.:inter.v.iew.ed candidates. for the vaccH\cy on: the
Zoning:.and: Planning CO!l1mission,. ". :'" :
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The, ,fircst.can'di d9,te .wasOlGe.r.a lo' p~J S:~:t:. He"wasrec.omm.ended by Geprge.
Ruhle'n'; iwho,;,;'si Cha,irman o.f: :.the, ,zoning "and ,Planni.ng .Commi ss:ion~ ,
, . " ,(,; '" ..' ",'
Mr. ,Pels r.ecently<moved into,the\.C.tty of ,West Un:;versity ,~lace. H~
attended; ,l.aw, schoo:l .at.. Nan~e.rbi l;t ~UJ1i:\ie.rs i ty'and .ha$; pr<icti:ced law for
the lastn.ine y.eiirs,dealing' ma;;:r\;ly;dn: zoni'ng andenvironmentp,'i l,~w.:. He
stated that he:~was. in,terested"in ,bec,0ming:iin\folv-:ed. in: land 4.se planning
and zoning decisions in the City.
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Coun'ci'lmemJ:jen,Jer.ry!N,;ckeill jo.i-necf jthe',me.eting at 6:'55,p.,rn.
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The second :: cand i date was. ,-Roy, :T ou,chy . , ".l:Ie "was rec'ommended by..
Gounci.lmember. Cullen Duke1.' j;,. ,...
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Councilmember Duke introduced Mr~,Tou.chy to theCouJ)ci:L;Mr;,",Touchy
has lived in the City of West University Place for nine years and has
no prior~ rela'tionshi,p wi'tt:l,"a.nybody:on the Zoningand,Planni'og _; .
Commi'sssi,on..;;;jCouncilmember. Duke f,elt .that:,Mr. .Touchywou)d b~, an.
'independent voice., . ..'::'~;. \.. 0~ " .
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Mr. Touchy,is."a CBAworki,ngat Compaq.'Compute~$ &nd woulcL 1 i~e'J~o ,
represent and serve ,the, Ctty as a~:membe~.:of the, Bgard. He stat~d that
he does not have any ti.e~ to:lilny:jndividual or group-;~nd'hasno,i, :
personal ,agenda~.. He:considens himself an:aver<ige citizen and ~ints to
do :what! s right for West, University,Fnace...: ,.
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City Council Workshop'Session, June 8, 1992
216
Mayor Johnson sta,ted that.Buddy BelLwas'also)interested in serving on
the Zoning and Planning Commission p.Yld.~that his name would be submitted
also. C!:.:~',; ".'"
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An Executive Session will be,Held tm interview all the candidates and
an appointment would be made at that"t'iine'~
,
Jim Do'ughertY;lthe7 City AttorneYiJo,;jrred the' meeting .at 7:05 p.ilI.
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DISCUSS' BbND;;rSSUE::"AND:' REIJATED,MATTERSoFOLLOWlNG THEiPRESENTATION.
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Repres'entatives1 'from Rauscher Pierce Refsnes',ilncl. ,..Larry~atuzzi
and Jim Shaw presented detailed schedules, and,;;,nformat:ic;>n concerning
the refinancing of present outstanding bonds and issuance of new bonds.
Mike Tanner, City Manager, reported that the most important item on the
agenda Wa,s. talJ~ D~j-i: the bonde J.ectign:~ ~.:iAny quest i ~ns;..concerning
financial details could be taken care of at another time. .' .',
Mr. Catuzzi stated that the. finance ,plan was two prong. .
Consideration should be given to the ,refunding >.and reffnanc:ing,of the
old debt. The interest rates were somewhat higher than what they are
on the market today. Res tructuri ngmay be necessa:r,y"to ,change the'
maturityschedules.so as to get some, rel.i ef. , The; ,new mO'ney'.issue; will
be bonds sold over the next three or four years. They will try to fit
the refund'i n'g :and the new money..togetheY>so that ,the money, the City is
saving,.from the refundtng, wHl ~al'sohelpwhere ;deb,t serv.ice.is pulled
out,.- ,The ram.ification of :the refund,i,ng i.s,:an attempt to ,save some
'money now,and most probably, over-the :next~three or four: years.
'--
Some of the bonds were issued recently and have a call feature in
another four or five years so they will need to be advanced refunded.
Advanced refunding would entail calJ.ing thebonds,'Jn'early., setting up,
an escrow to pay for those bonds and then paying the new debt service
which would be somewhere in the range of 6-1/2% versus 8-1/2% to 9% the
Ci ty is paying on the ,old bonds.' The ,new :'bonds wi II have a 10 -yea,Y:'
call or maybe shorter, if the market will ,bear th~t~. In essence.,it
will mean replacing old outstanding bonds with higher interest rates
with :new,lowerinterest rate 'bonds. "
Chris Taylor~ Director of Finance'and,Admi'nistration, presented.to
Council schedules .contai ning estimated ,assumptions .. 'One s<;hedul'e
assumed all new debt was supported by taxes and assumes refunding,will
be done. Mr. Taylor stated that in 1993 the City would have a double
impact.:: ;The second schedule.assumes refunding andthat,alLnew debt is
supported. by taxes and water' transfer o' ,.On:the, new debt issue ,the
utili.ty fund, and the water,and, sewer fund pays its percentage of the
( debt service. The third. schedule was an analysis with.:a.broad .
estimation showing the impact on the.utility rate. A:more,thor.ough
analysis would have to be done.
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. City ,Council Workshop Session, June 8, 1992
-..L.
Mr. Tanner stated that the City of West University Place will look very
good compared to other cities in the area. The rates, even with a
number of increases, will still be lower than other cities.
Mr. Taylor reported that the engineering fees could be included in the
overall cost and paid for by bond issue funds.
After discussion, the City Council concurred that another workshop
session would be scheduled to further discuss the matters concerning
the bond issue. '
Motion was made by Councilmember Lang, seconded by Councilmember
Duke to adjourn the workshop session.
The meeting adjourned at 8:00 p.m.
~
Lt)~'. ... /
Whitt ~h -s - .
Mayor
Kaylynri Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, JUNE 8, 1992
MUNICIPAL BUILDI.NG
3800 UNTVERSI.TY BOULEVARD :
8 : 00. P. M ~ .' ) , "
*********************************
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The City Council convened in regular. session in the Municipal.
Building (3800 Uhiversity Blvd.), on'Uunel.8.,. 1992, with the following
members present: Mayor Johnson, Presidin.g'i; CounciJmembers Bob Kelly,
CunenDuke~ Jerry. Nickell and: Jan:ice"Lang;.;:.,Also present were the
City Manager-, '.Publlc Works Director, B.ui.lding "Inspector, Finance
Director, Police Chief, City. Attor:ney and City Secretary. Mayor
Johnson delivered the invocation a~d Councilmember Lang led the
Pledge .of Allegiance. '
HEARING OF RESIDENTS:
. . t::
Mayor Johnson invited residents who wished to address the City
Council to come 'forward as their names. were'called.
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Arthur Laracque,-,a resident at 3901; Villanova,reportedthat:the
sanitary,sewer behind hfs house aiid the.;sto)'1m,sewer..in front.of his "
house became a conduit across his lawn when it rained. He stated
that the situat;iorr was, intolerab.le and unhealthy. .Hetns:istedhe
would address his' problem to ,the .health autho.r;ties'if th~ si'tuation
was not remedied.
COLONIALi ~AR~'lMPROVEM6NT:
Consideration was given to a plan to improve Colonial Park.
Ed Menvill.e,' ,Publi:c Works Dhector, presented to ;the,~CounciJ plans..
and cost es"bimates"for the. imprOvement o.f.~Co,loni.al- Pa'nk~.,.;,
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The.:Councllhad 'previously. received explanatiion~ of,;jth,e.pla~ned
improvements of ithe ;Parkat"a works'hop,:session:oni:May'26,,'.1992.'
During that meeting, the Council authorized the Staff to proceed with
three'jspecifiGJi,'tems and not to eXCeed tne cos,tthat.1was'ies'timated;;at
that,Jtime. The :irriprovementscari,not be done.for.,}the<les'timates,
previously presented to Council. The plans presented at this.time.
contain more realistic cost estimates which can be implemented in the
near.future~" , "'" .",.... .i
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Mi ke Tanner ,Ci ty Manager, recommended that th~",iimprovements. to' the
West end, which had to do with theiiswimming; pool', be done at the same
time, with the exception of the chiller for the.wadingpbol.. -.
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Mayor Johnson expressed concern about moving the fence which would
exclude many of people from the use of the park. Mr. Tanner
City Council Regular Session, June 8, 1992
220
explained that only during the summer months would people not have'
access to the enti repa.rk. . . '; .J. ';;
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Mayor Johnson commented that.,w.ith the.:! new, sod and pea gravel, there
would be an increase in"maintenance.~,Mr~;j Tanner reported that the
pool may require additional supervis.ion and possibly additional
personnel . *,~.,. Y.>...., ,..
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John Wilkerson, who is a member of the Parks and Recreation Board,
reported that, people'iar,e: packed:inathe' ,pool area and thaJ. there,
physica,lly is nbt"enou9h room.." The cO!1cept, of:expan;di.ng and
isolatingthe~ West. end kwas ~t;91 ma,ke 'Colonial. Park more Of a summer use
facili ty. ,The 'East: endfwou.l,ddlave 'suffici ent park S,Plice during the,
summer, forresident~, no:twi.shing to"pay. f.or thepo.ol ,a,rea. By adding
the peagrave.1 "and, the deck, it. woul-dJ.minimize any, ,\T!ov~",e,nt 'Of,
materiaLinto t.he pool. ,He' :stated that right now, people s.it on the
grass and under the trees and then go swimming which. would produce:
some transport of material. He did not feel it would be any worse.
From a Parks Board point of view, he was responding to pool staff and
citizen input. The expansion would permit more functi.on~ to.be held
at the pool area.
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After discussion, theCouncjl concurred not to have".playground
equipment in the enclosed pool area. If the Council decides at
another...time to address the playground equipment,conct.entrationwill
be .on: thedilapidatedi"equipmenton the East side of ..the ,park.
Mr. Wi.l kerson ,remi nde.d ,.the Counci 1 that ,i f : the pl ayg\,:ound was not
used in thepoo 1 area', :then .there was sti 11 some need; for, ground
cover.
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Mr. Wilkerson stated that the Parks and Recreation Board would
donate $10,000 toward the project and the remainder wo~ld b~: paid out
of the donations received from the water bill~"' '
Motion was made by Councilmember Kelly, seconded by
Counctlmember ,Nfckell to.authori:z.e City Staff to move forward. ,
with Phase I (West end), ;except item IIDII, a,nd .to move forward with al i
of Phase II (East end) and that $10,000 of the funding would come
from thep.arkts,Board fund,and ,the balance .approximately $,6,qOO would
come from the allocation made ~n the water. bill doll~r,park fund.
.; "
Councilmember Duke::amended the motion to include t;he .co~:t;; of ground.
cover on i tern' II DII. ,Counc i 1 member Kelly .second~dthe . ameJ)dment . to
the'motion. . ,."
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The motion with the amendment was voted on with the following ~esult:
Voting Aye:
j . ..
Voting Nay;
Absent:
: > Mayor Johnson, Counci lmembers.
: ~ickelLand;Lang ..'
None' ".
None
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City Council Regular Session, June 8, 1992
221
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BID OPENING FOR DEPOSITORY~ ..
Consideratioriwas given to bids received for banking services.
.f
. Sealed bids wererecei ved,fori bank depos itoryservtces from the,..
following banking iristitutions:
West University Bank, N.A.
First Interstate Bank
Motion was made by Councilmember Duke, seconded by Councilmember
Nickell to refer the bids to ,Staff for detailed recommendation and
summary analysis at the June 22--meeting.
The motion was voted on with the following result:
Voting Aye:
Voting Nay.:'
-Absent:
Mayor Johnson,. Councilmembers Duke,
Nickell and Lang .
None,' ,
'None ..' ill
Kelly
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ORDINANCE CALLING BOND ELECTION:
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Consideration was given to the.first and final reading of Ordinance
No. 1428. "~..
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Mayor Johnson read the ordinance,~s follows:
ORDINANCE,NO~ 1428
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i ORDINANCE CALLING BOND ELECTION
AND DECLARING AN EMERGENCY
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF WEST UNIVERSITY PLACE
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WHEREAS, the City Coun'ClT"of the 'City of West University Place,
Texas (the IICityll) deems it~'advisable, to'hold an election to
ascertain whether the C:ity:Council shal1.:be authorized to issue the
bonds of the City for the purpose hereinafter stated; and
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WHEREAS, the City Cou'ocil"wishes to proceed with the ordering of '
such election; ~
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THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE: .,.'
Section 1. An election shall be held in the City on the 8th
day of August, 1992, whi ch is not less than fi fteen (.15) days. ~or
:3
City Council Regular Session,June 8,1992
more than ninety (90) days from the date hereof, jn,~which all
resident, qualified electors of the City shall be entitled to vote,
and the City'Councilhereby findstha.tholding the election on such
date is in the public interest. The polls shall be open for voting
at suchelecttonfrom:7.:00a.:m. to 7i:00. pi.lTi.at ,the. following polling
places in each of the following precincts hereb)' established, and the
following are hereby appointed officers to conduct the election at
each polling place, respectively:
.Po llin9 Place:
West University Community Building
6104 Auden
Sa lly McCandl ess
Ria Aufdermarsh
Election.Officers:
Presiding Judge
Alternate Presiding Judge
Maximum number of clerks: 2
ELECTION PRECINCT #133
Polling.Pladp.:
Colonial Park Recreation Center
4130'Byron ,
Electi,on ..iOfficers :
Marie Monroe
Brinah Salsburg
Presiding Judge
J Alternate Presiding Judge
Maximum number of clerks: 2
ELECTION PRECINCT #87
iWest University Elementary School
, 3756 Universi.ty,Blvd..
Election Officers:
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John B. Hurst Presiding Judge
Lee Smith Alternate Presiding Judge
,
Maximum number of clerks: 2
ELECTION PRECINCT 115
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223
Polling Place
St. Andrew's Presbyterian Church
5308 Buffalo Speedway
Election Officers:
Burt Ballanfant
Ramsay Elder
Presiding Judge
Alternate Presiding Judge
Maximum number.of clerks: 2
Secti6" 2. At the election the following PROPOSITION shall be
submitted in accordance with law:
PROPOSITION
. ,.. .
SHALL THE CITY COUNCI.L OF ,THE CITY OF WEST UNIVERSITY
PLACE, TEXAS BE AUTHORIZED TO ISSUE AND ,SELL AT ANY PRICE
OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF
. $16,000,000.00, iMAllJRlNG,SERIALLY,OR OTHERWISLWIUIINAO
YEARS,fROM, THEIR JDATE ORiDAIES, AND BEARING INTERESJJU.
SUCH RATE OR RATES, NOT TO EXCEED THLMAUMUM INTEREST,RATE
NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED
WITHIN THEDISCR<ETION OF THE,CHY"COUN€IL AT .THE TIME. OF
. ISSUANCE, fOR THE AURPOSE OF CONSTRUCTING OR RECONSTRUCTING
INFRASTRUCTURE IMPROVEMENTS IN AND FOR THE,jCITY, TO WH,
STREET AND RELAliED ,DRAINAGE IMP.ROVEMENTS, AND WATER AND "
SAN IT ARY SEWER IMPROVEMENTS, ,~AND no lEVY: iTAXES IURON ALL;
TAXABLE PROPERTYHWHIHN THE CITY~ANNtJALUf SUF.EICIENT.rr:O; PAY
. THE INTEREST'iON THE, BONDS AS, IT " ACCRUES"AND .-TO CREATE A
SINKING FUND TO PAY'THE INTEREST ON THE BONDS,AS:IT,ACCRUES
AND ,TO CREATE A SiNKING RUND TO.:,PAY THE PRINCIPAL OF THE
BONDS AS IT MATURES?
Section 3. An electronic=voting system, as defined and.
described.by, Title 8,Texas.Election Code, ,shall be ,used for"sai.Oi,.
election., and the City CounciJ sha lLappoint. a ,'Manager, ,Tabulatjon.
Supervisor" and Presiding Judge,ito'serve at the Gentral Counting "
Station.' " 'f", , .'", .
The Manager and Pres i di ng Judge of the Cen,tral Counti ng Stati on"may
appoint,not more than two (2)iclerks:,to serve at the Centr.al Counting
Station~' . . ," ,.
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The official ballot ca:rds:Jand ballot labels" ,re,spective:ly" for
the election shall be prepared in accordance with the Texas Election
Code so as to permi t the:e-l ec,tors to, vote JI FOR'r:; or: II AGAIN:ST~' the
aforesaid'PROPOSITION whicb.sh,all ,be "set forth, on -$,u,ch.'baJTot cards,
and ballot 1 abe 1 sin substanti a Uy the., fo~;lowing fo,rm:'
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OFFI.CIAL ,BALLOT.
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PROPOSITION
5
City Council Regular Session. June 8,;1992
224
() FOR
)
)--~,
)
THEI.S?UANCE OF $16,000,000.00
() AGAINST
PERMANENT IMPROVEMENT BONDS
Early voting shall be conducted by the City Secretary, Kaylynn
Holloway, and the:
CitySecretary's Office
Municipal Building
3800 Univer;s,i;ty Bl vd~.
Houston, Texas 77005
..
is hereby designated as the place for early voting for said
election. The City Secretary shall keep the place for early voting
open from 8:00 a.m. to 5:00 p.lTI,;oneach day except Saturdays,
Sundays, and official State holidays, during the period for early
voting bypersonal:appearance, which shalYbegin,onJuly 20, 1992,
and...end on August'4, 1992. .
..
,Early voting 'will also be he ldorbSaturday ,8ugust 1, 1992, from
10: OOa :'m. >to2: OOp.m~ at the <Muni <<:lpal'.Buil ding ,3800 University
Boulevard~; Houston"r!Te~as no05~f
. ,
Section 4., Notke of such~electi()nsllallbegivenby posting
asuDs;taritial rcopy,ofTthi s'el ecti'on ,ordiinance, ill Engli shand
Spanish,.at theiCity HaTland,atthree'other places .in".the City, not
1 essthari '14, days odrmoreUthan 30 days "prJior to the date set for the
electionjanda,'substantial copy:,ofthis'/'election ordinance, in
Engl i:sh 'arid. Spanish , 'a lsosha n be ;publd shed on the same day in each
of twosuccessi ve weeks i ni,anewspaperofj ;generalcircul ati on
published in ,the CHy:,.the date ofitheTfirstpublicatj,onto be not
more:than 30 days and not less than 14 days prior,to the date set for
the election.
Section 5. ,In all matters relating' to the ordering, giving
noticei and holding the election,i:the City.shall comply'(with the
appl i cab 1 epartsof the Texas ~lettion Code', including particularly
Chapter 2726f the'1>exas E.lection;Code~;pertainingctobiHnguCll
requirements, and the Federal Voting Rights Act of 1965, as amended.
Sectio",6~ . Itri's hereby officiallyfoundand determined that
notice of the meet,ing at which thiS ordiDance is adopted was given as
required by the Open Meetings Act, Article 6252-17, Vernon's Te~as
Civil Statutes, and that such meeting has been open to the public at
all times when thi's ordinance was discussed. and acted on,.
Section 7. The: publi timportance. of thi s measure and the
requi rements of the ,law create anemer,gency. and an urgent publ ic
necessity requiring thatthis:Ordinante,be'passed and. take effect as
an emergency measure, and a state of emergency is hereby declared,
and thi s Ordinance is acco,rdinglypa'ssed as an emergency measure and
shall take effect and be in force immediately from and after its
passage and signature.
City Council Regular Session, June 8, 1992
2'25
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Copies of Ordinance Number 1428, in the form required for adoption;.
were available to all members of the City Council.
Councilmember Duke pointed out that in the wording of the
proposition the name of the City needed to bechanged to state the
full and correct name of the City of West University Place. .
Motion was made by Councilmember Lang, seconded by
Councilmember Duke to adopt Ordinance Number 1428.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Kelly
Nickell and Lang
None
None:
ORDINANCE ESTABLISHING INVESTMENT POLICIES:
Consideration was given to the first and final reading of Ordinance
No. 1427. t ::'..1 ..
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Mayor Johnson presented and' read Ordinance No. .1427'. The caption'
follows:
ORDINANCE NUMBER 142t~
AN ORDINANCE ESTABLISHING IN~ESTMENT POLtCtES ;FOR;THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING THE.:,CODE OF ,ORDINANCES OF SAID .
CITY; CONTAINING. Fl-NDINGS ,ANn PROVISIONS RELATING TO THE SUBJECT; AND
DECLARING AN EMERGENCY 0 ",,':: '
. ,
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Copies of Ordinance Number 1427, in the form required for adoption,
were -available to all ~membersof the ;City Gouncil.'d
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Chris Taylor, Director of ;~inance,and Administration, discussed the
basic points of the ordinance;.;' ,." J'
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Secti on 2-35 needed to be amendedi"'to say IIDi rector of Fi nancell shall.
maintain'a listing instead/of 1,Ithe Cityll shall'maintain a,listing.
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Section 2-36 (b) should be amended to sayllapproved by City Councilll.
Motion was made by Councilmember ~elly, seconded by Councilmember :"
Lang to adopt Ordinance Numb~r 1422 with the suggested amendments.
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The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
....
Mayor Johnson, .CQull.C;i lmembers
Nickell and Lang
None
None
Duke, Kelly
7
City Council Regular Session,Jun~ 8,,199?
RESOLUTION ,AUTHORIHN,G PARTICIPATION IN .JEXPOOL: .
Consideration was given to Resolution Number 9208 and participation
in TexPool.
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Mayor Johnson read the iRes,o 1 u:t i.on as fo II ows: ,
, RESQLUTION NUMB.ER .92~98
WHEREAS, The City of West University' Pl'ace (the "Participant")
is a political subdivision: of the State of) T:exas anc! i~ empowered to j
delegate to a public funds investment pool the authority to invest
funds, to act, a,s ,a. custodian ofi nvestments p!Jfchased with 1 o,ca I
i nves tment funds; and , , ..
WHEREAS, it is in the best interest of the ~articipant and its
inhabitants to invest local funds in investments that yield the
highest possible rate of return, while providing necessary
safekeeping and protection of the principal; and
WHEREAS, the Treasurer of the St~ te . of Texas , act1"n9 by and
through ,the Texas TreasurySafekeep.ing Trust Company .(the nTrust ,
Company"), has created ITexPool", a public funds investment pool, to
effectuate the goals of providing investments at the highest possible
yield and; maintaini,ng complete, safety of ,tl1e fUDds of the Participant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, ,.TEXAS:.
Section.1. That the.<li-ty;o,f 'W,est;,~niversity Plac;e, Texas shall
enter into a Par.tictp,ation Agr,e,ement toe,~tablts.l:t, an a,ccount in its
name with the Trust CompanJ,lsLo,cal ,Gov,erJ;iment Inves,tmef!t Poo.l, :
ITexPool", for the purpose of transmitting local funds for.investm~nt
by the Trust Company in TexPool.
"v '" " ~.",
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Section 2. Thatthefollo~iI19individua'ls, ,whose s;gn(!.tures
appear on page 2 of this Resolution, are officers, employees, or
authorized Tepresentativesf'of :theParticipa,nt and (l,re,each he!,eby,
authorized to transmit funds to the Tru~t lCpmp~ny for inve~~~ent'in
TexPool and are each further authorized to withdraw funds from time '
to time;' to issue letters of in~tructt9n, and to take all other,
actions, deemed necessary or appropriate fqr~the invest!TIent of local
funds;
1. Name: Michael A. Tann~r City Manager
Signature:
2. Name: Christopher D. Taylor
Director of'Finance and
Adm~nistration
Signature: ;
3. Name: Victoria Imo
Chi ef Ac'countant
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City Council Regular Session, June 8, 1992
227
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Signature:
Section 3. That this resolution and its authorizat~on shall
continue in full force and effect until amended or revoked by the
Participant,and until the Trust. Company receives a copy -of any such
amendment or revocation. The Trust Company is enti~led to rely on
this resolution until such time.
Section 4. All resolutions and parts of resolutions in conflict
herewith are repealed to the extent of the conflict only.
Section 5. If any word, phrase, clause, sentence, pa~agraph,
section or other part of this resolution or the application thereof
to any person or circumstance, shall ever be held to be invalid or
unconstitut.ional by any court of competent jurisdiction, the
remainder of this resolution and the appli~ation 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.
1
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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. 62~i2-:17, as amended,and
that each such meeting has been. open to the public asr~quired 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.
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Mot i on was made by Counc il member Du ke, seconded. by Counc i 1 member Lang
to adopt Resolution Number 9208.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmember~,Lang, Duke"
Nickell and Kelly .
None
None
-,
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RESOLUTION REAPPOINTING MEMBER TO METROPOLITAN BOARD:
. ~ J
Consideration was given to Resolution Number 9209 reappointing a.
member to the Metropolitan Board.
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Mayor Johnson read the resolution as follows:
RESOLUTION NO. 92-09
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City Council Regular Session,~June.8,1992
A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, NOMINATING
A CANDIDATE FOR THE BOARD OF DIRECTORS'OF THE HARRIS COUNTY
METROPOLITAN TRANSIT ,AUTHORITY:,
WHEREAS, The City Council ,Qf'the'City bfWest University
Place desires to cooperate with the, other thirteen members of the
incorporated Municipalities of the Metro System for appointment of a
member of the Board of Directors of the Metropolitan Transit
Authority.
. . I
WHEREAS, Mrs. P. J. Lionetti has expressed a desire to
serve 'agai ri a's a member, of the: Transit Board and has, heretofore,
served with much dedication and efficiency,~'
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY.PLACE, TEXAS':I
That the City of West UniversityP.lace, Texas acting by and through
its duly authorized City Council nominates Mrs. P. J. Lionetti as
candidate for the Board of Directors of the Harris County
Metropolitan Transit Authorftyfor a two..;yeartermc:ommencing August
1, 1992. .
i : . i-'.. ~,' . .... .
'-':' . '.'
Moti on was made by 'Couhi:i lmembe,r Ni cken" .seconded b.y
Counci lmember Duke,' to ,approve Resol ution Number 9209.
The motion was voted cm with the :follow,ingresult:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers
Nickell and Kelly
None "
None
Lang, Duke,
, c
1991 FINANCIAL REPORT:,
" \.'
Consideration was given to the Comprehensive Annual Financial Report
presented by Null and Associates.
Mr. Taylor introduced representatives from Null & Associates, Chuck
Yaple and John Knox.
'- \
Mr. Taylor presented to Counci r'the Audi tors Managemen't'Letter whi ch
included specificitem~ which'arose during the audit that the. .
auditors felt needed to be addressed. ~He also presented the Auditors
Financial Statements which were prepared by Null & Associates.
Councilmember Duke inquired about the bank reconciliation process
which was being followed. ;
The Staff was having difficulty getting the work papers for previous
years from the prior auditors, Pete, Marwick. Councilmember
1n
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City Council Regular Session, June 8, 1992
229
Duke suggested filing a complaint with the Texas State' Board of
Pub 1 i c Accountancy. . He stated that thi s was :a fundamental ethi cs
rul e and there was no reason for Pete, Marwi ck not to~make the.
papers 'available to the City.
Councilmember Duke inquired about the overall internal control of
the situation. Mr. Yaple stated that, for purposes of most of
their testing,. they have assessed the control r.isk at maximum because
of the size and the'transaction :volume.
Mayor Johnson reported that the Council had received a draft of the
1991 report wi th some mi nor. omi ss ions. 'The Staff recommended
approval of the draft with the final report to follow.
Councilmember.Duke ,requested a signed copy. of the Auditors opinion
from Null & Associates/before the Council' approved the repor.t.
Motion was made byCouncilmember Duke, seconded by,Councilmember
Kelly to table the motion approving the 1991 Financial Repor.t,until
the June 22 meeting when a final draft is available.
The motion was voted on with the ~ollowing result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson,Coundlmembers Duke, Kelly
Nickell and Lang
None '-I.
None
WAKEFOREST WATER PLANT IMPROV~MENT: '
Consideration was given to impr,ovement(~hase 3) of the' Wakeforest
Water Plant and authoriza.tion .to b;.d~'il' ." t ..'
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Mr. Tanner requested authorization to facilitate the completion of
Phase 3 of ;:mprovements to.tt:1et:Wakeforest;!Watey; Tr.eatmentPlant. Up
until, now" the City has replaced the eM ;'elevated stor.age.,tank and
also constructed two 500,000 gallon water storage tanks;',:
Mr. Menville identifieC:t.the..:;basicimpr.ovements bytnis work as the
increase in pumping capaC'ityat the,plant ey the addition,;of one
1,500 GPM pump to be housed in a new building, plus all necessary
piping and electrical work. He requested funds be appropriated in
the amount of $171,000.00 for. Phase 3-;;lplus'an!!add:it.ionaL$5,900.00
for the Supervisory Control and Data Acquisition (SCADA) Systems
Master Planfor~the City's' Water Supply',F.aaility. SCADA isa .'
combination of software and hardwaredesignedto'facilitate the day
to day management and control of the water supp~y system. , Mr.
Menville informed Council that he would request funding for the
implementation of the system at a later date.
Dieter Ufer, Consulting Engineer, explained that this project was a
sequencing construction projects because of th.eV,tieght,site., It is, a.
sequenci ng of three contracts. Contract Number--l.was to tear -down' .
':11
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City Council Regular Session, June 8, 1992.,
the elevated storage, tank and. build a new one, contract number 2 w~s
to tear down the old ground storage ,tank. and build two new ones, and
contract!number3 is to build a booster pump, pump house and the
associated electrical necessities with that. Th~ site .is so tight,
the' three different construction entities can not be on the site
simul taneously. i
Councilmember Duke questtoned,the need to. do engineering and design.
for the SCADA System. He asked if :thi s was an.uQ,ff-:the-shel f" type
item. Mr. Ufer stated he was requesting authorization to do a Master
Plan in order to provide the mos,t cost-ef.fect~ve operation once West
University Place, converts to ,surface water. .
Motion was made by Councilmember Duke, seconded by Councilmember
Lang to ,authori ze staff to prepare plans and ,specifications and
receive .bids on Contract. Number 3for.the Wakeforest Water Pump
Station and engineering proposal for the SCADA System Master Plan
in the, amount of $171,700.0Q'and for' the addit.ional amount of
$5,900.00. .
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Kelly,
Lang and ,Nickell
None
None
PAYMENT FOR SEWAGE TREATMENT PLANT REPALR:. '
Consideration was given to~the final payment of $5,878.00 to
Mechanical Dynamics, Inc. for the'lr.epa.ir ,Of belt presses at the
sewage treatment plant.
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Councilmember Duke statedthat"thi-swas ..:the, amount of money ,the City
retained earlier to ;.nsureifinal repairs and painting were completed
on the project. .
Motion was made by Counci lmember..:Duke, ;;secondeo by Councilmember
Lang to authorize payment to MeChanical Dynamics, Inc. in the
amount $5,878.00. ',,~,
',.. ~_ l . ,
The motion was voted ,on with ~he folloWing result:
Voting Aye:
Voting Nay:
Absent: '
_ . ~., . .I . ; ,
Mayor Johnson,.Counci'lmembers
-Lang and Nickell
None
, :: None
Duke, Kelly,
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PAYMENT FOR LEGALSERV.ICES:
1?
230
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City Council Regular Session, June 8, 1992
2~1
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Consideration was given to the. payment of $7,177.32 to the City
Attorney for legal services provided during the month of May 1992.
Motion was made by Councilmember Kelly, seconded by
Councilmember Nickell to authorize payment in the amount of
$7,177.32 to the City Attorney.
"\
The motion was voted on with the f.ollo.w~ng ,result:
Voting~Aye:
Voting Nay:
Absent:
Mayor,Johnson, Councilmembers
Lang and. N,;,c,kell
, None
None
.Duke,. K~l;ly"
. '\,' ~
The City,Attorney left the. meeting at ;10:10 p.m.
, "
PAYMENT FOR COMMUNITY BUILDING BEAUTIFICATION:
Consideration was given to the paymen:t of ,'$24-;()OO.00 to Woodruff
Construction Company for Community Building Improvement (Part 1.).
J
Mr. Menville stated that the project was completed.
Motion was made by Councilmember Kelly, seconded by
Councilmember Nickell to approve final payment of $Z4,000.OQ,to
Woodruff Constructi on Company. ,.. ,.. .
The motion was voted' on with the following resu:,lt':"
Votin9Aye: .
Voting Nay:
Absent:
Mayor J'ohnson, Counci lmemQe,rs
Lang and ,Ntckell'J
None
None
Du ke, K~ ll,y ,
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PAYMENT FOR WAKEFOREST GROUND STORAGE"TANK 'CONSTRUCTION:'
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Consideration was given to the payment of Estimate No. 6 in the
amount of $50,131.96 to Nunn Constructors for work performed (April 1
through May 8, 1992) in construction of 2 ground storage tanks.
Mr. Menville reported that the work on the project wasap:proXimatel:y
90% complete.' He makes, weekly inspect:ionsat the ~ite.
Motion was made by Counci lmember Nickell, secOfldeo byCo~nGi.1~ember.
Duke to ,authorize payment of $50,131.96 tQ N~nn Construc;tors for wo,rk
performed. 'e "
',s: i',
The motion was voted on with the following result:
, ..13
City Council Regular Session, June 8, 1992
232
Voting Aye:
Voting Nay:
Absent:
Mayor. Johnson ,Counci lmembers Duke, Kelly,
Lang, and Nickelli
None
'None
~
PAYMENT FOR WATER LINE CONSTRUCTION:
Consideration was given to Estimate No. 9~ Change OrdersNQ~ 2, 3,
and final payment in the amount of '$79,129.99 for work performed in
the construction (replacement) of water lines in Priority Area 2B by
Reliance Construction.
Motion was made by Councilmember Kelly, seconded by
Councilmember Lang to make the final payments in the amount of
$79,129.99 to Reliance Construction.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Duke, Kelly,
Lang and Nickell,
None,
None
CITY COUNCIl MEETING MINUTES:
Consideration was given to the minutes of the City Council meetings
on April 21, May 4, May 11, 1992. '.-
Motion was made by Councilmember Kelly, seconded by Councilmember
Ni cke II to approve the mi nutes as .written..
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
COUNCIL COMMENTS:
Mayor Johnson, Councilmembers Duke, Kelly,
Lang and Nickell
Non.e ' -
None
.(
Mayor Johnson commented that the Scout House Construction was at a
stand still and that he had not seen any amended architectural
drawings about the addition of the restrooms. Mr. Menville stated
that the changes for, those modifications have been sent to the
contractor for estimating the cost. The site was still too soft to
start drilling the peers.
111
City Council Regular Session, June 8, 1992
2 ~ ':)..
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Councilmember Kelly inquired about the scheduled ground breaking
of Milton Street Park. Mr. Menville commented that he thought the
work was starting the next day.
Mayor Johnson stated that he has received complaints about residents
leaving their garbage out two or three days and also workman blowing
the leaves and debris into storm sewers. He was concerned that the
Police Department and Public Works Department did not stop this from
happening. He suggested giving residents a notice or warning;
Councilmember Duke suggested putting a reminder in the City
Currents about the trash.
Councilmember Duke inquired about an updated Staff report. Mr.
Tanner stated that he was preparing an updated report.
Councilmember Kelly inquired about summarizing the citizens
complaints. All members of the Council want to continue receiving
information on the complaints.
Councilmember Nickell inquired about a report on the Falk
case. Mr. Tanner stated that the report had been forwarded to the
Texas Municipal League. TML informed the Staff that the City was
not negligent and they refused to pay. Councilmember Nickell
requested a copy of the report.
Councilmember Nickell inquired about the availability of the
final draft of the tree ordinance.
Councilmember Nickell reported that on the corner of Albans and
West Point a sewer header was laying in the street. The storm sewer
was exposed and it was full of glass. He also reported a contractor
was piling dirt on the sidewalk on Quenby Street.
Councilmember Nickell requested an update on the Intercity
Investment litigation.
ADJOURNMENT:
With no further business to come before Council at this time, motion
was made by Counci lmember Duke, seconded by Councilmember Kelly
to adjourn.
The meeting adjourned at 10:35 p.m.
W~*~
Whitt F. Jonns~
Mayor
Kaylynn Holloway
City Secretary
15
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CITY COUNCIL REGULAR SESSION
MONDAY,JUNE. 22,1992
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:30 P.M.
*********************************
The City Council convened in regular session in the, Munidpal
Building (3800 University B.lvd.) , on, June 22, 1992,. w.ith the
following members present: Mayor Johnson, Presiding; Councilmembers
Cullen Duke, Jerry Nickell and Janice Lang. Also present were the
City Manager, Public Works Director, Building Inspector, Finance
Director, Police Chief, City Attorney and City Secretary. MaYQr
Johnson delivered the invocation and Councilmember Duke led the
PledgeofAHegiance. Councilmember Bob Kelly was absent.
Mayor Johnson ,invited residents who wished to address, the City
Council to come forward as their names were called.
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Pam Cocavessis, a property owner.at 3819 Sunset, presented a .
planning report on Liberty Hill Park which was developed by a group
called the . Citizens for: Responsible Improvement of the Liberty Hill
Park Area. The report described problems in the Liberty Hill Park
area and possible solutions.
C.H. Hotalen complained about the ditch cleaning in the 3800 block
of Sunset. He stated that the cleaning was not necessary and it
caused modification to his driveway and erosion in the streets. It
also causes water to stand in the ditch. ~
Bob Adams, a resident at 4031. Byron and President QfGeorgetown
Builders, expressed his opposition to the tree ordinance. He
questioned; the 'advisabilitYFtax, wise and money wise, for the City to
hire an urban forester to devote his entire attention to one aspect
of the C.ity. .u ; .
Joan McCay, a resident ati3029;Carnegie, reminded-,the.'Councilto
give their attention to the corner lot situation in the West
University Place First Addition.
Jim Tyler, 'representing theiiSandlins',at' 6615 Vanderbilt, talked
to the Council about the zoning ordinance changes. He encouraged the
Council to schedule the joint public hearing as soon as possible.
),
John Stokes, a resident at, 2920 Rice, requestedth.at th,e Council to
support the 1993 TennecoMaratbon.~ It would be the eighth year for
the Marathon.
{.
City Council Regular Session, June 22. 1992
EMPLOYEE RECOGNITION:
-
Corporal Michael Peterson:was recognized for being named Father of
the Year.
Mayor Johnson offered CorporalPeters6n his congratulations.
Corporal Peterson has. been with the West University Place Police
Department since 1985. His nine year son, Matthew, sent in a hand
drawn picture of him and his Father. The Houston Chronicle called
Matthew for, :addUi ona 1 informati on about Corpora 1 Peterson. The 1992
Fathers of:-the Year were honored at a ,luncheon at the Hyatt Regency
Downtown ,on . June 12th . .' .
',: I '_',
1993 TENNECO MARATHON.
Consideration,.wasgiven to a: request.from John Stokes concerning the
Tenneco Marathon to be held on January 24, 1993.
Motion was made by Councilmember Duke, seconded byC.o,u.ncilmember
Nickell to authorize City Staff to work with the people from the
Houston Tenneco Marathon to allow them.toconduct the mar.athon
through the City. f
The motion was voted. on with the following result:
Voting ;Aye:' MayorJohnson,Counci,lmembers Lang, Duke
and Nickell "
Voting Nay: None
Absent: Councilmember Kelly
;:. ..::: ~ ;
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TREE PRESERVATION ORDINANCE:
Consideration wasgivemto the first.reading of Ordinance No. 1429.
Mayor Johnson read the"capti on of Ordinan~e:: No. 1429.as follows:
i ,-' " I ~i :- ,
AN ORDINANCE FOR THE PRESERVATION AND ENHANCEMENT OF THE URBAN FOREST
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING THE CODE OF
ORDINANCES OF. SAID.; CIH(; AND CONTAINING'FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT . . :,
Jim Dougherty, City Attorney, stated that Section 1 of Ordinance No.
1429 adopts a new article,.tNumber XIV,.whdch would go in Chapter 6
of. the Code of Ordinances.)
'.
Mayor Johnson added that if the Ordinance passed on the first reading
and agidn on the second reading pmJuly13,.. the Ordinance, after
pub 1 i cati on, waul d, become effecti ve. August::1, 1992.
Copies of Ordinance No. 1429, in the form required for adoption, were
available to all members of the City Council.
236
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City Council Regular Session,. June 22,1992
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Motion was made by Councilmember. Lang, seconded. by
Councilmember Nickell to adopt.Ordinance Number 1429, Article
XIV and the Criteria Manual with an effective Qate of August 1,
1992.
The motion was voted on with the following result:
r
Voting Aye: . Mayor Johnson, Councilmembers Lang and'
Nickell
Voting Nay: Councilmember Duke
Absent: Councilmember Kelly
ENGAGEMENT AND PAYMENT OF CONSULTING URBAN FORESTER:
J
Consideration was given to the extended engagement of Consulting
Urban Forester, Steven Anderson, and payment of $1,527.50 for
services provided in the development of a tree preservation ordinance.
Mi ke Tanner, Ci ty Manager, reminded the Counci l.that Steven Anderson
was engaged at a previous City Council meeting, not tQ.exceed 16
hours, to assist in the development of a tree ordinance. It was
necessary for the Staff to engage.Mn. Anderson for 23.5 hours to
complete the ordinance. Mr. Tanner requested that the Council also
authorize the City Staff to engage Mr. Anderson as required between
now and.:the time the City actually employs an urban forester.
Councilmember Duke expressed his opposition to paying Mr. Anderson
for additional hours. Mr. Anderson had'.(in a previous workshop
sessio~):told the Council the work could be'compl~ted .in 16 hour~~
Motion was made by Councilmember Nickell, seconded by
Councilmember Lang, to make the payment .of $1,527.50 for 23.5
hours to Steven Anderson and to':authorize the City ;Manager ~nd Staff
to utilize the remaining money from the $4,500 grant qS requested.
The motion was voted on with the following result:
Voting Aye: Mayor Johnson, Councilmembers Lang and
Nickell
Voting Nay: Councilmember Duke
Absent: Councilmember Kelly
ABANDONMENT OF EASEMENT:
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Consideration was given to the abandonment of an .eas.ement .at 671.0
Belmont. and engagement of an appraiser.
, ' ,
Bob Boydston, a resident at 6710 .Brompton, requested the City to .
abandon an unused easement located on his property. The Statute
requires the easement to be ,appraised prior to ,abandonmeflt.. .
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City Council Regular Session, June 22, 1992 '
238
Mr. Tanner requested the Council ,.to authorize the City Staff.to
engage anappraiser;'require Mr. Boydston pay the fee and initiate
the abandonment process;. '
Motion was made by Councilmember Duke, seconded by Councilmember
Lang, to authorize the City .Staff to reach"an agreement ,with Mr.
Boydston in terms of engaging the necessary authorities to proceed
with the abandonment of the easement, with ,Mr. Boydston paying the
necessary fees.
The motion was voted on with the ;following,;result:
Voting Aye: Mayor Johnson, Councilmembers Lang, Duke
and Nickell
Voting Nay: ,:None
Absent:' Councilmember Kelly
.'"
SANITARY SEWER LINE RELOCATION: Consideration was given to the
Rice Lab School '(H.LS.D.)' site. on North Braeswood.and sanitary
sewer line relocation.
Mr. Dougherty explained to the Council the different ordinances and
motions for. consideration concerning :the neW H.I.S.D. school.
Mayor Johnson read the caption of Ordinance Numbers 1430, 1431 and
1432 as follows:
Ordinance No. 1430 (exchange.'wi th H ISD,Easements 1 and ,2): AN
ORDINANCE AUTHORIZING EXCHANGE OF' EASEMENTS; CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY.
Ordinance,No. 1431 (abandonment of old electrical ea.sement, Easement
3): AN ORDINANCE AUTHQRIZING THE QUITCLAIMING OF AN EASEMENT;
CONT'AINfNGilFINDINGSANDPROVISlONS RELATING'TO THESUBJECT; AND
DECLARING AN EMERGENCY.
Ordinance No. 1432 (abandonment of Sweeney Estates sanitary sewer
line segment, Easement 4) : AN ORDINANCE AUTHORIZING THE ABANDONMENT
AND QUITCLAIMING OF A SANITARY SEWER PIPE LINLAND THE RIGHT TO USE
LAND OCCUPIED BY THE PIPE LINE; CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY.
Copies of the Ordinance Numbers 1430~ 1431 and 1432, in the form
required for adoption, were available to all members of the City
Council.
Motion was made by Councilmember Duke, seconded byCouncilmember
Lang to adopt Ordi nance Numbers 1430, 143L and 1432 and to (1)
authorize the City Manager (assisted by City Attorney) to pass upon
final versions of the letter agreement. with,HISD and,other
documents and to take all steps necessary to complete the
transactions. (2) authorize the Mayor and the City Manager (either
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City Council Regular Session, June 22, 1992
23.9
one) to make, execute and deli-.ver documents necessary for the
transactions. (3) handle cost reimbursement as follows: The Ci.ty
Manager and ,the appropriate o;ffic'ials of HISD ar.e requested,
jointly, to prepare an estimate of the City's reasonable,
out-of-pocket costs in connection with the sewer. line relocation
project, including legal fees, inspection costs and other reasonable
and necessary costs. The es.timate shall include costs incurred up to
the closing as well as a provision for post~closing costs that are
foreseeable. It shall be a condition to closing that such ari
estimate be prepared and agreed .upon, with the amount of the
agreed-upon estimate being paid to the City at clo~ing to reimburse
the City for its out-of-pocket costs. The agreed-upon estimate need
not be adjusted after closing, unless otherwise arranged and approved
by the City Manager. (4) provide for the old sewer line as follows: .
It shall be an additional condition of closing that the HISD (or
its contractor) seal off and fUl"7in'the sanitary sewer line .beneath.
the Right of Way of North Braeswood Boulevard in a manner.
prescribed by the HISD's consulting engineers. As to the portions
of the old 1 ineto be' abandonedi (between the, two .tie-in .points to the
neW'sewer q ine, to bedes,ignated Potnts A ,and Bin the letter
agreement), HISD would accept title (full ownership) of the City's.
remaining interest in the old line, including all risks of
ownership. The acceptance would be irrw~iting and deli~ered at
closing. 'i5) respond to the HISQ's position about the width of the
old prescriptive easement as follows: The City would acquiesce in the
HISD's position about the 20-foot width of the old prescriptive
easement, provided that the othei:issues are resolved satisfactorily,
and provided that any difference in value payable by the City would
be offset .ag'a'inst the ;amount'pay;abl~ to the City for the10-foot
electrical easement on the same site, with the.net payable to the
City being as appraised (approximately $34,770) and pr.ovided that the
appra i ser confi rm that the new payab Ie amount" is at least thi s .sum.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci lmembersi::ang', :.Duke
and Nickell -
None ,I,
Councilmember Kelly
"
The City Attorney left the meeting"at~9:20 p.m...
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1991 COMPREHENSIVE ,ANNUAL FINANCIM.c;REPORT:j. ',.'
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Consideration was given to the,finaJ:.Comprehensiv.e Annual,Financial
Report and payment of $9,507 to Null and Associates for preparing it.
. .' ~ '- .. - (
Chris Taylor, Finance and Administration Director, stated the final
draft was unchanged from the:' f"ir-st draft.
5
City Council Regular Session, June 22.1992"
240
Motion was made by Councilmemb.er, Duke, seconded by Council member
Nickell, to authorize payment'in.the amount $9,507 to Nulla_nd
Associates ,up.on,:completion and actual, delivery of the documents.
,
The motionwa,s voted on, with the following result:
'Voting Aye:
Voting Nay:
Absent:
Mayor, Johnson, Counci lmembers Lang, Duke
and Nickell
None
Councilmember Kelly
ENGAGEMENT ,OF BOND COUNSEL:"
I I
Consideration was given to the engagement of V.inson &, Elkins as
bond counsel., . . ,
Mr.- Tanner ,informed the Council .that; ,the:C.ity.,had engaged Vinson &
Elkins in previous bond issues., The fees the f,irm is charging ,are
very reasonabl e ~ . ':
Motion was'madeiby Councilmemberlang; seconded by ; :
Co~ncilmemberNickell to engage Vinson & Elkins in accordance
wi th the: terms in the, engagement' letter., . '
The motion was voted on with the following result:
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Voting Aye:
Voting Nay:
. Absent: .
Mayor Johnson, Counci lmembers Lang" Duke
and Nickell
None
Councilmember Kelly
BIDS FOR DEPOSITORY::. "',
Consideration was given to bids received June 8, 1992 for banking
services.,
The Staff recommended the selection of West University Bank as the
City's depository. The bank is a secure safe institution and would
provide the City with good service.
Motion was made by Councilmember Nickell, seconded by
Councilmember Lang to accept Staff'Js recommendation to .select the
West University Bank as the City's depository and authorize the Mayor
and City Staff: to execute the ,contract.
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The motion was voted on with the following result:
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Voting Aye: Mayor Johnson, Councilmembers Lang,ilDuke
and Nickell
Voting Nay: None
;!'. :City Council Regular Session, June 22, 1992
241
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Absent:
Councilmember Kelly
B IDS FOR B I OSOLl D DEPOS ITORY.: '
. .
Consideration was given to bids received May 29, 1992 for
transportation and disposal of ~iosolids.
. , .
Ed Menville, Public Works Di:rector, re.commended the Councilawar"d,the
low-bid contr~ct ~o Envirorganics', Inc.
Motion was made by Councilmember Duke, seconded by Councilmember
Lang to accept Staff' srecommendation to enter into a contract w,ith
the low bidder, Envirorganics, Inc. for the bid amounts.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Abstain:
Absent:
I
Mayor Johnson, Councilmembers Lang and Duke
None
Councilmember Nickell
Councilmember Kelly
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EMERGENCY SANITARY SEWER LINE REPAIR:
Consideration was given to an emergency sanitary sewer line repair' -
(slip line) in the 4200 block',of Swarthmore/Case and the
appropiation of funds.
Mr~ ,Menvi.lle',requested the Council 'to ,authorize th~Staff to slip".
line a main sewer line, I oca ted in the utili ty easement in the ,4200
block of Swarthmore. The City employees discovered that the old
main was completely eroded to the extent that only a hole in the
earth remained where the pipe once existed. This is an emergency
situation. . "I .1' /,.1\, .' ','
Motion was ,made by Councilmember La'1g, seconded. by
Council member ,Nickell to authorize,.the Staff to do'an emergency
slip line in the 4200 block:~ofSwarthmore/Case aDd,:authorize..
appropri at i on of funds. ,"
The motion was vot~don wtth't~efBlloiing;result: I
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Voting Aye:
Vot.ing Nay:
Absent:
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Mayor Johnson, Councilmembers Lang,
and Nickell
None
Counci linember Kelly
Duke, ,
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COMMUNITY BUILDING IMPROVEMENT:
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7
~ity Council Regular Session. June 22V1992
242
Consideration was given to a change o,rder.for $1,120 and completion
of Community Building improvements (Part 2).
Mr. Menville informed the Council that the specifications that were
bid on called for 911 riser sprinkler headS' thatweretob.e. installed
throughout the project. When the sprinkler installers were digging
the ma in lines, it was found that the' whole area 'wascoveredw,ith
roots from the oak trees, apprmdmately3..4inchesc below the surface.
Consequently, the City ended up with sprinkler heads sticking up 5..6
in'ches above ground ,in a 'muchtrave Ued'.ariea ... To. re..fi t the heads to
match required depth would cost.an additional $1,000. To complete
the planting an additional cost of $120 would be necessary.
Motion was 'made by Councilmember Lang, seconded by
Councilmember .Nickell to author,ize the City M(!.nager to spend
$1,120 for sprinkler heads and plants.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke
and Nickell
None
Councilmember Kelly
TAX REFUND:
Consideration was given to, 1992. ad valorem ,tax . refunds.
The Council did not receive any supporting documents for the tax
refund: and COnbl.lrredto tab l:econsi derati on of the .,tax refund until
the next Regul arMeeti ng. :
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PAYMENT FOR GROUND STORAGE TANK CONSTRUCTION:
Consideration was given to the pC!,ymentofEstimate ~o. 7 in the
amount of $4,252. 50 to Nunn Constructors for work ", performed (May 9
through JUne8~1992.) in construction of'2 groLindstorage tanks'at
the Wakeforest Water Plant.
Mr. Menville stated thatNunn~Constructors was basically at this
point in time cleaning the interior of the tanks. The contract is
86% complete~ .'
Motion was made by Councilmember Duke, seconded by Councilmember
Lang, to approve payment of Estimate No.7 in ,the amount of;
$4,252.50 to Nunn Constructors.
The motion was voted on with the following result:
Voting Aye:
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Mayor Johnson, Councilmembers Lang, Duke
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City Council Regular Session, June 22, 1992'
243
Voting Nay:
Absent:
and Nickell
None'
Counci Imember .Kelly
PAYMENT FOR ENGINEERING SERVICES:,:
Consideration was given to the payment of $32,041.09 to Langford
Engineering. .
(a) Invoice No. 6852 in the amount of $1,870.20 for design of
the surface water transmission line
(b) Invoice No~ ,,6853 in the amount of $7,269.53 for Priority, .
Area 4, Phase 1 Sanitary Sewer Renovation '
(c) Invoice No. 6854 in the ,amount of $170.69"for design and
construction of 2 ground storage tanks
(d} Invoice No. 6855 in the amount of $20,870;00 for
constructi on of sani tary sewers, drainage faci 1 it i'.eS' and street
improvements in the Charlotte/Lake area
(e) Invoice No. 6856 in the amounti~f $1,860.67.for obsefvation
(A full-time field representative was. present) irt~the relocation
of the sanitary sewer outfall line (Rice Lab School Construction
Project). '
Motion was made by Councilmember Duke,;seconded by Councilmember
Lang to pay invoices 6852 through 6856 in the amount of .$32,041.09
to Langford Engineering.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counctl!TIembers Lang; DukE! :
and Nickell
None i -.-: 'J"
Councilmember Kelly
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1986 BOND ISSUE PAYMENT: i
Consideration was given to.lan invoicein~the amount of $13~,925:00
submitted by First City, Texas for interest due on the 1986 Bond
Issue. .
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Mr. Taylor stated the payment was not due until August 1,
payment would be made by a wire transfer which would save
money.
1992. The
the City.
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City Council Regular Session,June 22,.1992
244,
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Motion was made by Councilmember Duke, seconded by Councilmember
Nickell to authorize payment to First City, Texas. by the. due date
of August 1st in the amount of $138,925.00. .
The motion was voted on with the following result:
Voting Aye:
Voting ..Nay,:
Absent:
Mayor Johnson, Councilmember.sLang, Duke
and Nickell-
None. .
Councilmember Kelly
PAYMENT FOR PRIORlIYe AREA 4, PHASEl SANITARY! SEWER RENOVATION:
Consideration was given to the payment of Estimate No. 3 in the
amount of$14.5,.930A5 to Whttela,k, Inc. for work performed (month
of May, 1992) in sanitary sewer renovation. .
Mr. Menv ill e .informed the Counc H was iapprox ;ma te ly 53% COITIP 1 ete. He
recommended paymen tto Wh ite 1 a k , Inc..
Motion was made by Councilmember Lang, seconded by
Councilmember.Nickell,to authorize payment of Estimate No. 3 in
the amount of:$145,930~45to Whitelak, Inc.
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The motion was voied on with'the following result:
Voting Aye:
Voting-Nay:
Absent:
Mayor Johnson, Councilmembers Lang, Duke
and Nickell
None
Councilmember Kelly
CITY COUNCIL~MEETING_MINUTES:
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Consideration was given to the City Council meeting min~tes.
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Motion was made by Councilmember Lang. seconded by Councilmember
Nickell to approve the minutes of April 27 through June 8, 1992.
The motion was voted on with the following result:
,Voti ng Aye:
Voting Nay:
Absent:
COUNCIL COMMENTS:
Mayor Johnson:; Counc,i lmembers Lang, Duke
!and, Nickell.
None
Councilmember Kelly
City Council Regular Session, June 22, 1992
215
Mayor Johnson stated that he had been requested by the Recycling
Committee to have a workshop session to discuss recycling.
A meeting with the Bond Committee will also need to be scheduled.
Councilmember Nickell stated that the Spanos complained about
the basketball goals at Whitt Johnson Park. Mr. Tanner stated that
the City had monitored the courts and has not found any late night
basketball playing.
Councilmember Nickell submitted Mr. Beno Bauers name for
consideration on the Bond Committee.
Mayor Johnson stated that the City was having photographs made to be
used at the town hall meeting being held to discuss the $16,000,000
bond issue.
ADJOURNMENT:
With no further business to come before the City Council, motion was
made by Councilmember Lang, seconded by Councilmember Duke to
adjourn.
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t</kft::; 4~
Whitt F. Johnso
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, JUNE 29, 1992
MUNICIPAL BUILDING
38dd UNIVERSITY BLVD~
'Y:OOP .M. .
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The City Council convened in workshop session in the Municipal
Building, (3800 ,University Boulevard), on June 29, '1992, with the.
following members'present:Mayor Johnson presiding; Councilmembers
Janice Lang and Cullen Duke. Also present were the City Manager.,
Public Works 'Director, 'Finance and Admili'istration Director,:City'
Attorney' and Ci ty Secr:etary.,. Councflmember Bob Kelly was absent.
. ; ~
John Stone of Mitchell Carlson & Associates, Inc. presented an update
on' the progress of the new scout house. , The slab has, been poured and
there should be some framing this week. The Council . needed to make a
decision on the color of the brick for the scout house. After looking
at several samples presented byMr ~Stone ,the Counc i.l .concurred to use
the brown colored brick. Mr. ;Ston'eagreed to bring alarger>sample of
the: shingles for the ,Council to ,l'ook at.
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1. CONSIDERATION WAS GIVEN TO THE FIRST AND FINAL READING OF
ORDINANCE NO.' 1433. ;i i
Geo~ge Ruhlen, Chairman of. the,:Zoning,andPlanning Commission,
presented five proposed amendments to the zoning ordinance.
Amendment >No..;llwould;changethe.lI.rotated cornerll side setback rules so
that they refer,back to the' original ~plat for.the"5ubdivision.. ,'It
would also limit the applicati'onof the IIrotated cornerll ,rules to just
the single family blocks in the West University First Addition.
, "
Mr. Ruhlen stated that.the;Building Offi€ial' had pointed out tcihim
that in the current ordinance, you could have principal buildings in
the"rear yard..Amendment No. 2:wouldre:store an old rule about
buildings in rear yards. The old rule.allowed.onlydetachedaccessory
buildings, garage space or accessory quarters in the rear yards (not
principal building living,space). Council member. Duke, stated that.!.'
basically this amendment specifi~s that the rear of the building can
not be less than twenty feet ,from the rear pr.operty line. .
Councilmember Nickell arrived at 7:30 p.m.-
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Councilmember Nickell stated that there were houses that were
built, pre-1990, that project in the rear yards but they did not
finish out the space in the back. They are using it as attic space.
He. added that under the' old rule" you: coul d. bui 1 d: in: the backyard, but
you could not use it. Mr. Ruhlen stated thatJt~i~ was a violation of
at least the spirit of the ordinance and the Zoning and Planning
City Council Workshop Session, June 29. 1992
248
Commission did not approve. .CounGilroemberNickell stated that he
would have a hard time.s.upporting. Amendment No.2.
, ..'..,.
Amendment No.3 eliminates 'the' lIes-:tablished building linell concept
which requires a deeper frontsetba~k on some blocks where there are
deep lots. This has caused difficulty in enforcement. Mr. Ruhlen
added that rules based on the depth of the lot would make people feel
like they are being treated the same.
Amendment No. 4 requ.ires all gara,ge..(!p,enings t,obe,set bac~ from side
street lines by. ten feet (unless they face the front or rear ).; ,The
current ruleonlyapp.ltes to garages in accessory buildings. This
amendment:also,establishes.:dr,iveway visibility tria,'1g,lesu where side
or .reardriveways cross sidewaJ ks. .Thi si,s"p.roposed as a ,safety
measure, to help drivers and pedestrians (particularly small children)
see each other. Mr. Ruhlen stated that this is not based on where
the side property line is but on where the sidewalk is located.
Jim Dougherty, City Attorney, ,stat;ed;that Qmendment No.4 was written
to try to harmonize .with the proposed tree ordinance. .
Amendment No. 5 clariftes therul e abQut por<:h postsproject1.Qg:i nto
the, front setback. are.as. It .would allow at .least two Yi'easonably-sized
posts, no matter how small the porch. Mr. Rubletlstatedthat the,
existing rule is 10% of the outer perimeter which is okay for a big
porch but for a small porch, two 12 inch columns would be acceptable.
Mayor Johnson read the caption of Ordinance No. 1433 a~ follows:
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AN ORDINANCE CALLING A JOINLPUBLIC HEARING BEFORE,TH~;ZONI~G.,~
PLANNING COMMISSION AND THE CITY COU~CIL OF THE CITY. O. F..W, ES. T UNIVERSITY
PLACE ,TEXAS IN RELATION TQPROPOSEDAMENDM~NTS TO THE ~ONING. ORDINANCE
OF SAID CITY; PROVIDING FOR NOnCE; CONTAINING F~~DINGSAND PfWVISlONS
RELATING TO THE SUBJECT; AND,DECLARING AN, EMERGE~CY. '
Copies of Ordinance No. 1433, in the form required for adoption, were
available to all members .of the CitYCounc:il.
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Motion was made by Councilmember Duke; ,seconded byCouncilmember
Lang to adopt Ordinance No. 1433~ .. .
The motion was voted on with the following, results:
Voting Aye:
Voting Nay:
Absent:
f
Mayor Johnson " Coun.ci.lmembers Duke, Lang
and Nickell
None
Councilmember Kelly
2. , CONSIDERATION:WAS.vGIVEN ,TO "PHASE, I DEVELOPMENT OF THE J.M.H. PARK
AND RELATED MATTERS ,.
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City Council Workshop Sessi.on ;:,June29, 1992
21q
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Phil Stevenson was present' at the meeting as re~resentative of the'
Parks and Recreation Board~ "
Mike Tanner, City Manager, stated: that construction of the J.M.H. Park
was underway,. A few minor issues.have arisen since the. execution of
the contract and the Council needed to make decisions ,regarding these.
The Parks and Recreati.on Board wants the City to engage Charles,
Tapley of Tapley Lunow;:at'a fee'of $5,000 to do the, plant
installation that was originally to'be done' by George,Poncher. Mr.
Tanner stated that everything related,.tothis'project needed to be
resolved that night. One issue'wa.sfurni'tureand,lights. '
Mr. Stevenson stated that the concern of the Parks Board was, that the
plan for the park be followed as closely as possible. The lights have
already been ordered:but the benches arid the tables couldberchanged.
He suggested that the City would :not ,want to ,p.ut .the Early: American
bench wi th the contemporary lights. .., ' , ,
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Mr. Tanner stated that themaster'plan,for. the ,development of.the parks
was done by Tapley Lunow. When the City began the J.M.H. Park
project the City engaged George Porcher. The project was 'spli~ into
two phases;, Porcher. did anything related toconstructi:o.n;, 'Tapley
did the plants and.plant installatioli.,.,The tables,. benches'andlights
were part of George Porcher I,S phase.: .Counci lmember D.uke remembered
that the Parks and Recreati.onBoardhad presented to .Counci 1 "plans and
specifications, then ,requested,:the.Council to go forward with the .
project. Having the two architects involved has created problems. Mr.
Tanner s'tated that it was nev.er cl!ear who was .r,eally,in charge. .Before
the development'!of.'theriext par.k, the"Staff needs to clea-rlyunder:stand
who is goin~>todo what.' .
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MayoriJohrison S'ug'gested (that the, OityStaff,take over, the job. and"build
it accorrling"to plans ,and spec'kf,;h:ations.' Councilmember:!iNickell, ..'
requested the Staff to ,work~with tne 'Parks and Recreation Board as much
as possible.
, ;
The City Council concurred ,that, if, the' tables and peDches.~cou]d be'
changed to match the li'ghts, without' additional fund~, then the Staff
was authorized to do so.
3. CONSIDERATION WAS GIVEN TO MATTERS RELATED TO AN AUGUST 8, 1992
SPECtAL ELECTJON ANDA~$16~000;OOO'BOND ISSU~' ~_.
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Larry Catuzzi and Jim Shaw of Rauscher Pierce Refsnes, Inc.
were present during the meeting to discuss the refunding of the current
bonds. . .
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Mr. Catuzzi proposed that the'JC,ity Council, in the very near, future,
do a refunding and a restructuring whe:fi'e,;n the City could take
advantage of today's market rates and also provide for ,some. r'elief in
terms of the new money. The', City has..severaboutstanding bond issues
which were originally sold at interest rates significantly higher than
those available in today's market place. Such bonds currently bear
3
City Council Workshop' Session ,June,29 ,di992
250
interest rates rangirtgi between 7 .10% and 9:.50%. The, City should
consider refunding all or part of the out.standingbonds from the
original Series 1983, 1986 and 1988 in an aggregate principal amount of
$7 ,265,000.' These bonds a re notcllrrent ly redeemable or. .call ab le
today, sotheCitywouldha,ve to do an . advance refunding. Mr..
Catuzzi'stated that the City would,sell ,refunding<bondsin the
approximate amount of $7,5.00,000 and those refundingprocee,dswould be
placed in an ,e,scr.ow, with a trustee, selected by the City Council. The
trusteewi:ll hold those fundsand.theol dbo.ndswi II be paid off from
within that escrow,. . ;The new;bonds or, Qew debt service will. be the
refunding bonds that the.Cityis proposing to sell. The average
interest rate to replace bonds in today's marketplace is estimated at
approximately 6.25%.
A' combi ned ,refundi ngjrestructuring ,woul d; rnaximi ze debt servi ce sav i ngs
up front w.hiile minimi'z;ing theinitialimpact.of the anticipa,tednew
money financing program. The City could realize debt .service savings
in the next four years, beginning with 1993, of approximately $88,500,
$255',000,.,$240 ,000 and '$182,700, ' respectively.
The proposed new money financing was based on a total of:$16,000,000 in
bonds, sol d,a,sneededover a 3 year peri od, assumingsal es of
$5,000,000,,:$.5 ,000 ;000and"$6 ,000 ,000, respective ly.Each sale is
scheduled ,for; payout i n20y.ears ,at!ianestimated6 .75% rate of
interest. . Expenses related to: the issuance .of each .ofthe above bonds
sales is estimated to be approX'imately; $50~000.
Mr.Catuzzi stated that the maximum tax: rate necessary to support the
proposed new debt would depend on , among other things ,revenues
available from other sources. In the recent past the City has
typically made transfers to the debt service fund from the capital
,projects fund and the; water. and sewer enterprise fund. Assuming that
moniesfrom'lthecapitalprojectsfundare no longer available for that
purpose, a tax ,rate increase would be necessary.
Mr. Shaw presented to Council charts showing the restructuring with
up front savings, a.refuridi,ng bond savings analysis ancla tax rate and
ca~h flo~analysis. He ~lsbpresented a calendar with a tentative
schedule of events for the proposed financing program~ -
After discussion, the Council concurred to proceed with the refunding.
\ '
Motion was made bY:,CouncilmemberDuke, seconded by Counci.lmember Lang
to engage Rauscher Pierce Refsnes, Inc. to move forward with the
refunding,as presented.
The motion was voted on with the following result:
Voting Aye:
V'oting. Nay:
Absent:
. Mayor!~ohnson, Councilmembers Du~e, Lang
;1and Nicke'll'
; None
Counc.i Imember Kelly
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City Council Workshop Session, June 29, 1992
251
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Mr. Tanner asked Ed Menvi llie); Pub 1 i c Works, Di rector, :and Di eter Ufer
from Langford Engineering: to come forward to dis.cuss some ,related
issues; . '. .
Mr. Ufer r,emi nded the Counc i 1 that hi s company had been authori zed to
proceed with plans and .specifications; of the. Charlotte/lake .area.,
These are approximately 80% complete. He 'stated that his company ,has
hit a stumbling block on this project which deals with the urban
forester. A survey was done of all the trees in .the Charlotte/Lq.ke
area which .present construction problems for, street renewal. The
number of trees presenting problems is 226. Mr. Langford stateQ that,
with the recommendation of the City Manager, he has retained the
serv ices of Steven Anderson, urban:, f,otes ter, to report to the City on
what must be done to the trees to preserve them. Mr. Tanner stated
that this was a legal requirement according to the new ordinance. The
Ci ty Attorney informed the Council that the proposed treeordi nance
required that on all City projects that might impact large trees, the
appropriate documents,mean.ing a tree permit, tree survey and tree
disposition plan shall, whenever practical, be submitted to the urban
forester for evaluation and recommendation. This should be done prior
to public hearings and before a final decision is made by the City
Counci 1 or Ci ty Staff. '. ... " .
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The ordinance also requires that City owned projects shall follow the
same guidelines for tree replacement as private projects, except as
authorized by City Council.
The City Attorney left the meeting at 9:30 p.m.
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Mr. Ufer informed the Council that approximately 40% of those 226 trees
have roots over the curb. They are at the point in their design where
they know they do not have the luxury of cutting the curb on either
side of the tree and utilizing the old curb in the new pavement. It is
of the wrong elevation vertically to eliminate the scraping of car
bumpers. Langford Engineering needs guidance on the big 3611 oak trees,
whose roots are over the curbs, on how they are going to replace
streets without killing the trees. Mr. Ufer stated that Mr. Anderson
recommended a procedure called root pruning. This would entail pruning
the roots so that the curbs can be removed, then because the tree is in
shock, a corresponding percentage of the canapy must be pruned out,
plus the tree must be fertilized and watered. Mr. Anderson also
suggested that there were several trees in the area that are not worth
saving. They are sick, diseased and dying. Mr. Ufer asked the Council
if they wanted the urban forester to do a tree survey as to the
condition of the 226 trees. He suggested that if the City prepared its
own list and hired its own tree surgeon to remove those trees, there
would approximately be a 40% savings.
Councilmember Lang suggested asking Mr. Anderson to do the survey,
possibly picking 30 to 40 trees that are worth saving and distribute
them evenly along the streets. Councilmember Nickell stated that
the City needed to be prudent; however, also save as many trees as
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City Council Workshop Session, June 29, lq92
252
possible. it is not;:~important who .the Cny sends out ,there, as' long as
the Citydoesi ts ..be.st to protect the trees in a re~sonable and prudent
fashion. the Tree People should not be upset with the Council.
After di~cusston~.it was ,the ctinsensus .6f,the Council to authorize the
Staff to interview other tree servi-ce :compan;ies to give the. City
proposals regarding protecting ,the trees in the Charlotte/Lake area.
With no ,further business to come before ,Council at ,th,is :time,motion
was made by Counci,lmember Nickell "seconded. by Councilmember Duke,
to adjourn themeeti.ng. ,. .
The meeting adjourned at 10:15 p.m.
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Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY~'JULY 13, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M..
*******************************
The City Council convened in workshop' session in the Municipal
Building, (3800 Un.iversity Boulevard), on July 13,1992, with the
following members present: Mayor Johnson.presjding; Cpuncil Members
Janice Lang and Jerry Nickell ~ ,Als,o present was the City Manager,
Finance and Admini stration Director, .Director of Pub,l ic Works, and Ci ty
Secretary. Council Member Cullen Duke'was ab,sent.
'\...
DISCUSS MATTERS RELATED TO THE FINANCING OF THE $16,000,000 ,BOND ISSUE
AND CAPITAL IMPROVEMENTS:
Chris Taylor, Finance and Administration Director,- discussed
information which was presented at the Bond, Commit,tE;!e Meeting on July
8. He stated that there were questioned raised concerning the
homestead exemption and costs in order to help the over 65 citizens.
The current over 6.5 HO!TIestead Exemption is $42,850.. At. a tax rate of
40.70, cents this would be a savings to the over 65 of $174. Each
$10,000 increase in the, ,exemption would decrease the . taxes paid by
$40.70. There. are 1;130 properties cla.iming, over, .65 exemption. This
creates a $197,070 savings to the over 6.5 property owners. Each
$lO,OOOcincreasein the ,exemption would increase their savings by
$45,990. This represents a decline over a period of time.
The tax rate analysis showedthe.current tax rate, the .increase for old
debt and the increase for new debt. The. increase to 40.70 centswould
impact the average house ($222,710) in West University ,Place by $183 a
year or $15.20 a month.
,
Mr. Taylor stated that the water sewer debt service schedule had three
points: (1) approximately 50% of the proposed new bond money is for
wa ter and sewer system improvements. (2) each doll a r ra i sed per account
per month by the water sewer fund .will decrease the debt tax rate by
approximately 1/2,cent. (3) in order for the water sewer fund to pay
its full share of the new debt, the monthly rate would have to increase
by approximately $10.
Council Member Bob Kelly arrived at 6:45 p.m.
Mike Tanner, City Manager, stated that if the Staff was required to
tell the City Council what the utility rate increase would be that
night, the increase would be $1.00 for water and $1.00 for sewer for
the first bond sale.
The Staff will look at the commercial accounts to make a more equitable
split so that those accounts can pick up their fair share.
City Council Workshop Session, July 13, 1992
"
254
DISCUSS MATTERS RELATED~ TO THE ENGAGEMENT OF AN URBAN FORESTER WHERE
INFRASTRUCTURE CONTRACTS ARE INVOLVED: ...
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Ed Menville, Public Works Dtrettor~ discussed capital improvements and
the steps to follow in order.to preserve the trees that are within the
right-of-way where construction will take place. Mr. Menville
contacted two tree service companies and asked them to submit proposals
to the: ;Cityfor 'tr-ee preservati on. The companies were asked to
establish specifications, to submtt a ,proposal for doing..ananalysis of
the trees, ,in the ,areaandto,propose'a>,recommendationon the ,type of
treatment of the., trees before', du'ring,andafter construction. Both
companies had already done)aipreliminatiy' survey of the trees in the
area. Based on pre'liminary:fi gures,. .the cost to do thi swork will be
around $24,000 to $25,000. Final proposals should be submitted by the
end of the week.
DteterUferL the CQJlsulttngEngineer,js at a point in his design of
the Charlotte/Lake project where the preservation of 'trees needs to be
incorporated in the plans. The specifications, which will be submitted
by the treese\'lVi ce company ,will detai ~ exactly howthe.contractor
will deal withcerta in ,trees in- the area.
Councilmember, Nickell asked if the tree preservat,ion company would
worki nconjunction or in placeunti 1 the City hired an urban
forester. ,He asked if the City intended to enter. irito a long-term
contract thatwou,ld alleviate the City needing an urban forester. Mr.
Tanner feltthatthespecifications.would be something the tree company
would ,.plan .anddesignand the City would implement the plans through an
urban forester. He suggested using' the Staff as much as possible.
With nofur,ther. business to come before Council at this time, motion
,was made by "Councilmember Lang, sec'onded.by.Councilmember
Nickell to adjourn the meeting.
The meeting adjourned at 7:17 p.m.
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Kaylynn Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION AND
JOINT PUBLiC HEARING BEFORE ZONING AND PLANNING COMMISSION
~ MONDAY, JUL Y13, 1992;
MUNICIPAL BUILDING
3800 .UNIVERSITY' BOULEVARD
7:30 P.M.
*********************************
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The City Council conv.ened in reglflar session i~n th.e Municipal
Building (3800 University Blvd.), on July 13, 1992, with the ,
following members present: Mayor Johnson, Presiding; Council Members
Bob Kelly, Jerry Nickell and Janice. Lang. Also. present were the
City Manager, Public Wor.ks Dinector, Building Inspector, Finance
Director, Police Chief, City Attorney and City Secretary. . Rev~rend
John Collier delivered the invocation and ,Councilm~mberKelly led
the Pledge of Allegiance. . Counc'ilMember Cullen. Duke_was absent.
HEARING OF RESIDENTS:
Mayor Johnson ;.nvited residents who .wished to, address the City
Council to come forward as their names were called.
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Richard Ayres, Chairman of the Bond Committee, and, the Strategic
Action Committee, spoke to the residents about the bond issue. He
stated that the Committee was not involved in the design of the bond
issue. The Strategic Action Committee has had no input to the
project so because of this"the Committee, would not take any credit
if it is successful or will not accept any' blame if it fails. A
brochure was. bei ng prepared for the bondq.committee to di stri buteto
the citizens of West Uni:versity Pla,ce to promote. the bond election.
Emory Glover, 3803 Marquette, expressed his enthusiasm about the
bond is s ue . He stated that hi s'home was in one of the areas wh i c h
was in need of the bond issue. He wanted the Council to be aware
that~ even i.f the.bondissue moves .ahead at, its mostrapidschedul~d
pace, hi,s home was already sufferi ng from the ravages of time in :the
sewer department. His home did not hav.e sewer service when it rained
and :the bond i,sslie would not help hi.m until ,possi,bly .1994.: He
enceuraged the Council to expedite.some assi.stance:to addresses like
his who lack sewer service onaregular basis.
TREE PRESERVATION ORDINANCE:
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Consideration was g,iven to the second,.reading of Ordinance No.. 1429.
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Mayor Johnson read the caption of. Ordinance ,No. ,1429 as follows:
AN ORDINANCE FOR THE PRESERVATION AND ENHANCEMENT OF THE URBAN FOREST
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING THE CODE OF
City Council Regular Session, July 13, 1992
ORDINANCES OF SAID CITY; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECTi~ '
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Jim Dougherty, City Attorney,stated,that there were some minor
changes in the ordinance sin'cei:the .firstreading. These changes were
basically typing errors,I'atld.Would'notaffect the intent of the
ordinance.
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The Tree Preservation Ordinance would become effective 10 days after
publication which would be August 1, 1992. If the City Council
desired, the Griter-fa Manual to! thesJ;n~e'i Ordinance would bead9pted
also. '
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Copies ;of Ordinance 'No .-;1429, .intheJ Jor,mr.equ.i red for adoption, were
available to al L.membersofthe"CityCounci l.
A motio'n was madej, by! :Gounci.l ,MembimLan'g/ seconded by Council
Member'Nickell"that'OrdinanceNumber'1429, Article ,XIV and, the
Criteria Manual, as corrected, be adopted.
The motion was voted on with the following result:
Voting: Aye: Mayor Johnson, Council. Members Kelly,
, Lang<.and,Ni ckell
Voting Nay: None
Absent: Council Member Duke
RESOLUTION FOR ,IIAMERICA, THE BEAUTIFUl' GRANT II :
Consi deration 'wasgi ven 'to, Reso'l ution No. 92-11> authori zing the grant
appl ication to America 'the 'Beautiful ';-, Texas;;InitiativeChaUenge
Grant Program.
Ed Menville ,Pub li c Works Director, stated tha t;thepurpos~ of the
Grant'isito"financially a,ssistthe City.of West University Placeio
i tsefforts to secure a full time' Urban Forester. ' If. approved , by
the Texas ForestService,,:in.the amount applied':fQr,;that being
$10,000, such, moni es would offset at.'part of the .,costsassociatedw,ith
the recru'i.tment. and hiring ofa f.ulltinie ,Urban Fores;ter. Thecosts
associated with recruitment and .sa 1 aryis estimated to be $~~,200.,
With the aid of the grant the city's'cost is expected to oe$26,200.
Mayor Johnson read the Resolution as follows:
RESOLUTION NUMBER92~11
WHEREAS, :theTexas Forest'Service in. cooperation with theUniteci
States Forest Service and the Texas Urban Forestry Council, Inc., has
establi shed an urban and communi ty; forestry challenge cost-share
program; and
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_ - "City Council Regular Session, July 13, 1992
:,257
. WHEREAS, funds or other support shall be provided under such
program to eligible communities, and organizations on a competitive
basis for u,rban forestry projects; and
WHEREAS, the City, of West University P]a~eis interested in
preserving the existing Urban Forest in the city, and with assistance
help rectify all existing conditions which damage our mature trees.
NOW THEREFORE,..
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE~ TEXAS:
Section 1. The City Council approves and authorizes an;
application to 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 anq authorizes ,all n~<::essary contracts and related
documents. The Mayor is authori,zed to sign and deli ver 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's
representative for deal ing with America the Beautiful ,.:-:. Texas
Initiative Challenge Grant Program in connection with ~his .~roject.
The Director of Finance and Administration is hereby de~ignated as .
the City's fiscal officer to receive funds pursuant to the grant
applied for.
Section 3. The City Council endorses, permits and encourages
the planting of trees on public' property a'nd designated park ar,E!as in
the city. . -
Section 4. The City Counc;H .appropri'ates and Gommi,ts. up to ,
$36,200.00 to provide for the recruiting and hiring of an Urban
Forester. These .project costs.are: to .be matched, up to a ll1aximum of
$10,00.00 via a grant to be received.:fromAmerica! The Beautiful-Texas
Initiative Challenge Program. . ,1.. .
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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, ~hpa~e~ cladse, ~entence,~aragraph,~
section or other part of this resolution or the application thereof
to any person'or circumstance,snall ever be,beld,to oeinvalid.or
unconsti tutiona 1 by any, cQur.t ..of; competent juri sdiictidn, ,the" 'J
remainder of this resolution and the application of such word,
phrase, clause;.'sentence,-paragf.\aph; section or other':part of thj.s., .
resolution to any other persons or circumstances shall not.be
affected thereby. ; : "
Section 7. The City Council officially finds, determinesiand, ;
declares that a sufficient written notice of the date, hour, place
and subject of each meeting at which this resolution was discussed,
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'i€ity Council Regular Session, July 13" 19~2
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considered or acted upon was gtven 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 pub 1 i c 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 po.sti ng ther.eof. .
Section 8. This resolution shall take effect and be in force
immediately from and after its passage and signatu .
PASSED AND APPROVED this the ~t?( day of ,1992.
Voting Aye:
Voting No:
Absent:
Si gned:
ATTEST:
KaylynnHolloway
City Secretary
(SEAL)
A motion was lTIade by,Council Membe.r Kelly, seconded by Council
Member Lang to adopt Resolution No. 92-11.
The motion was voted> on with . the follow,ing result:
Voting Aye:
Voting Nay:
Absent:
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Mayor Johnson, Counci 1 Members Ke 1 {y , ;
Lang and Nickell.
None
Council Member Duke
The City .Council recessed the regular~ession at 8:05 p.m.
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The City.Council reconvened the regular.session with the,members of
the Zoning and Planning Commission at 8:15,p.m. .
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Members of the Zoning and Planning Commission who attended were:
George Ruhlen, Chairman . ,
Susan Rachlin, Vice Chairman
Brett Rule
Brian Hughes
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City Council Regular Session,'Jul'y, 13,1992
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PUBLIC HEARING:
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A joint publ ic hearing was held b'efore.the Zoning.& Planning
Commission and the ,City Council of the City of West University Place.
Texas. The purpose of the hearing was to provide an opportunity for
parties in fnterest 'and citi,z-ens to be heard in relation to fiVe,,:
proposed amendments to the Zoning Ordinance of, the City (Ordinance
No. 1298, as amended'), summarized as' follows:
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Proposed, Amendment No. 1 would change ,the 'exis.tingllrotated cornerll
side .setback rules. These rules:," gener.ally, increase the side street
setback for any corner buildin~ site'whi.ch' is IIrotatedll to front upon
a street different from the street upon which the original lot, on
the same corner, fronted. The amehdment wou;l d, 1 imtt the exi sttng
II rotated .comerll rules so that"they would only apply i.n a designated
district including West University Place (First Addition), according
to a map recorded in Volume 444, Page 563 of the Deed Reco~ds of
Harris County, Texas, but excluding the Be-llaire B,ouleward Townhouse'
P.D.D. (PDD~TH1District). The.:-designated .district lies within a.
rectangle roughly bounded by University Boulevard;. Wakeforest, ,
BellaireBoulevard and Poor farm Ditch. The . amendment would refer to.
the cited map to detefmine where the .original :corner l~ts fronted:
The amendment would mandate certain minimum side setbacks if a
special exception is issued under Section 16-102 to:change a front
street'line. (Section 7-100 and others.)
Proposed Amendment No.2 would allow only the following, in rear '.
setback area's (rear yards,):. garage space, access.ory quarters or
space, withi n a detached accessory ,buildi ng. It woul d not allow
principal building living space. (Projection.S.chedule" Note 8.')
Proposed Amendment No.3 wouldeliminatethellestablished building.',
linell whi'ch requires a deeper front setback in some ca,ses.(Section.
7-100 and others,.)<. ."
Proposed Amendment No. 4 would require most garage openings to be set
back from the,.side street line lby'ten feet. ,.Thi,s amendment .would
establish: and oregulate,lIdriveway, vis,;;bi1:ity trianglesll"for side.or,'
rear driveways. (Section 7...100 and"o-thers.) ..,
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Proposed. Amendment No. Swoul d change the rul e. .about ,porch posts
projecting into the/front setback ,areas. lt would ,change the met~od
of measuring the' posts and allow"aFleast,two: posts in most cases~,
(Projection :Schedule, Note 12~) ,
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Mr. Ruhlen reviewed the five proposed amendments with the residents
at the public hearing.
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Residents were invited to ask questions or speak.concer.~jng .the five.
amendments
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Jim Tyler, 3707 Maroneal, representing the Sandlin1s (661S,
Vanderbilt), spoke about, the rotated corner lots.. He stated that a
resident should not be allowed"to build,S feet from Vanderbilt Street
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,Ci.ty:Council Regular Session, July 1;3".1992
260
and 35 feet in height when all the other. homes were 30 feet, from
Vanderbilt. With the rotated corners, which were allowing the
possibility of construction five, feet from the sidewalk, a resident
would be ,precluded .;from having any v,;sibility in that ,area.
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Residents, in the West University PlaceiFj.rst Addition., signed
petitionsagain~t the..rotated.comer Jots. ,They. requested . that the
Zoning and Planning Commission eliminate the. possibility of a citizen
building five feet from the streets. Proposed Amendment No. 1
establishes ,10 feet ,asthemi n,imum s:etback. Under theex;i sti ng
ordi nance, which woul d rematn ,,; n place ~wi th Prop.osed Amendment No . 1,
the, ..' arger. the lot, the' further. the 's.etbac.k.
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Mr. Tyler .expreis'sed'tconcernaboutthed ssue of the garages on the
rotated corners. The garage should not he allowed to projecLbeyond
where the house ,itseil f could be, on, tpe rotated corners . '
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Mr. Ty,lerstated",tha.lt the present ordinance put restr:i'cttons:onthe
Zoning Boa.rd, of Adjustment. ' If a res,ident wants to rotate",;the '...
entrance of. the.;,r home, the present ordinancegi ves the ZBA the.
r.;ght-:~to do that.:D,iscreti6n wGuld'Cbe(taken.away from.the;ZBA, as
it is related to structures within these ,prohibited set back areas.
I f the set back on the! side<str.eets, iare20feet and someone wants. to
have thei r home. entrance ,on that street "they still have to. be .20
feet off the street. He added that the restdent should not have the
benefit of facing the long streets to the detriment of the neighbors
that are on the cross streets. ' Mr. Ty,ler suggested that the
ordinance should be changed so thattt does notgivetheimp.lication
that the ZBAsholJld be allowed tOigrant exceptions which would put
structures in the set back areas.
Mr .Tyl er addressed the 'issue of the.lldri veway visibility'
tri angl es". . Amendment No . 4 proposed a min.imum vi s ibi 1 i ty triangle
of 5 feet. He stated that the traffic engineers would have
recommended a visibility triangle of 10 to 15 feet.
John Culpepper, an architect that designs ,porches and other
buildings in West University P.lace~ 'addressed Proposed Amendment ,No.
5. He stated that presently itherule is 10% .of the porch's open
perimeter. This rule deters small porches and encourages larger
porches ~ The larger the porch, the larger..the perimeter ,whichmakes,
it possible to build a larger,column..,.The brick dimension needs to
be bigger than 12 inches, maybe 16 inches for yournomjnaJ, modular
brick. Mr. Culpepper stated that the current proposal made it
difficult to build anything out of brick.
Buddy Bell, 4038 Swarthmore, expressed opposition to Proposed.
Amendment No.2. The rule has been changed where a resident could
occupy that space over the garage, as part of their primary space.
He stated that 75% of the lots in the City of West University Place
are 50' by 100'. There are a lot of large homes being built on these
small lots. He added that Proposed Amendment No. 2 would not allow
the homeowner to utilize that space but a maid, nanny or servant
would be able to. Mr. Bell also expressed opposition to the
City Council Regular Sessioni:July, 13, 1992
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visibility triangle. He presented photographs of homes. being built
whi ch were uti Ii z:i ng the space above ~the garage . Some of 'the
photographs showed corner lots which had brick .columns with wrought
iron .fencing. . Mr.: Bell stated that the. last column. at the garage,
would be illegal with the proposed 5 foot triangle.
Marianne ~enner,.3112 Wroxton, expressed 'opposition to Proposed
Amendment No.2. She asked what the Zoning and. Planning Commission
hoped to accompl i sh by passi.ng the:amendment. Mr. Ruhlen ,stated
that .the current ordinance allowed ,a: homeowner ,to put their entire
house in their backyard. He added that the Commission felt that. the
City should preserve as much of the yard as possible. Mrs. Renner
suggested re~riting ~he ordinance so that the 50l feet at the back of
the house could not be filled up,. more th'an40 or 50 percent, whatever
would allow the homeowner to sti lluse the 'space over.the garage..
She stated that the homeowner' should be. able to determine how the
space was t~ be~sed.
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Council Member Lang stated that the line had to be drawn somewhere
if the! residents .wantto preserve th-e back yard.. She added that if
the.home ,and:the garage 'are all one,structure, the whole.airspace on
the ,second floor of thi s lot i sgo.i ng to be fi II ed up. ".
Council Member Nickell stated that the pre 1991 rule did not
preven.t.residents from building in the .space in the back yard. . He.
suggested that the' Zoning,and,Planning Commission change .the .amount
of space in the back yard that can be built on and. leave the open
space in the back by using a percentage of the lot size.
Bob Semands." 4039 : Swarthmore , supported. the comments made by ,Mr.
Bell and Mrs. Renner. He stated that the ordinance daesnot "
prevent' the homeowner from having space over the garage and the back
yard does not get any bigger by putting this ordinance into effect.
He stated that. the City of West Univ:ersity Place'~as a p.ervious
area ordinance that controls the amount of space on which it can be
built. He commented that he felt this was all that should be
required. He stated that some homeowners may be willing to live with
a smaller back yard in order to get theextra:s.pace .to use for their
family. He was vigorously opposed to Amendment No.2.
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Mr. Semands stated that he was also opposed, tOl Amendme,nt No.4. ,.'
The Police Department was contacted to determine how many incidents
have been reportec;:\as a re~ult pf_not haying a visibility triangle
along the sides of the driveway. Mr. Semandsstated that according
to the Police Chief, there had not been any incidents~He ,felt that
the City of West University Place was overly regulated and that many
builders had chosen to leave the City because of this.
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Mr. Semands stated that he supported Amendment No.'5.i .He added.
that the ability to properly architecturally scale the columns was a
good and positive move. '.' I '. i'
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Mayor Johnson stated that he had consulted the Chief of Police about
the visibility triangle proposal and the Chief raised'.'no objection.
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City Council Regular Session~ July 13i,'.I.1992 "
,< 262
Mark LaMond, :4202 Ruski n" expresse~ oppos itionto the,Prop,osed
Amendment' No:.. 2.. ,He stated.; thi:1tthe,: space ,was very: important, for h'is
fami<ly' to. grow with~ . ,He' was also op'posed to AmendmentINo. 4 with the
vis,ibil:i:ty 'triangle. c.' He stated that, :in his :neighborhood, everyone.
was very conscientious of, the ,ch.ildren.
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C.B. Schwartze~ ,.2739 .P.i.ttspurg, opp:psed Amendment No., 2., He
sugge'stedthatthe"Courici 1 adopt' the approach' .todea 1 .wj the-the
IIcoveragell~issue rather than the ,~I,usell issue of the back yards. He
urged;the Zoning and ,Planning Commissi.on to caY've out some adjustment
or change for corner !lots.
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Joan McCay',! ,3029 Carnegi e ,supported Amendment No.'1. .Wfth regards
to.the,other ,amendments, she supported;.aH,the regulations laid.out
in the 'City of: West University Place.' Mrs. McCay presented to the.
Council a petition signed by.143, ctt:izens'who live in the .
Vanderbilt/Carnegie area which asked the Council to.restrictthe set
backs.
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Mi ke Mora,n ,6408 Wakeforest, opposed .Amendment . No. .2. He stated .
that.a homeowner';should be able to :architecturally design this:house
so as to use the space above the garqgeas a part of the main living
area.
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Terry Yates, 3728 Wroxton, questioned the.geographi.cal area that
Amendment No. '1"would apply to and how !it, changed the existing,
authority by the ZBA. '.
The Public Hearing closed at 9:30 p.m. The Zoning andPla~~ing
Commi ss'i on' reconvened for di scuss ion:. .of the pr'opos,ed amendments in,
the City Hall . conference rl:lom.1 ,,'
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The City..Council Regular 'Ses.sion,reconv'ened at 9:'40 p.m.
BID OPENING FOR TRUCK,PAINTING:
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Consideration was given to bids received for the painting of trucks
in the Public Works!Department~; ..,.
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Bidder
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Amount of Bid
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Southwestern Body and Paint
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The City received only one bid for the painting of the trucks in the
Public Works Department:. i/;",
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A motion was made by Council Member Nickell, seconded by: Council
Member Kelly to refer the bid to staff for recommendation.
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The motion was voted on'Twitl1 the follow:ing,rresult:
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City Council Regular Session; July..13, 1992
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Voting Aye:
Voting Nay:
Absent:,
Mayor Johnson, Council Members Kelly,
Nickell and Lang
None '.
Council Member Duke.'
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BID OPENING FOR WAKEFOREST WATER PLANT IMPROVEMENT:
Consideration was given to bids for Phase 3 of the improvements for
the Wakeforest Water Plant.
Phase 3 consisted of the construction of a new pump house, an
additional 1500 gallon per minute pump and the necessary piping and
electrical for that modification. Phase 3 represents the final
physical improvements at the Wakeforest Water Plant.
The following bids. were received:
Bidders Base Bid Alternate Bid
Nunn Constructors $175,060.00 $154,960.00
Holloway Co., Inc. $204,580.00. $182,080.00
Tidal Const. $195,920.00 $176,620.00
l T&C Const., Inc. . $198,,460.00 $177 ,,460.00
M.S. Beck Const. $220,422.00 $192,056.00
Schier Const. Co.. ,$180 ,7-00 . 00 $161,900.0.0 ,
W.W. Payton Corp. $205,000.00~. , $180,,000.00
Hemp Corp., $199,950.00 .. '., $181,850..00
A motion was made by Counci 1 Member Lang.,. seconded by, Council Member
Kelly to refer the bids to Staff for. review and written ~.
recommendation and the next regular council meeting.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci 1 Members Kelly"
Nickell and Lang
None
Council Member Duke
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ENGAGEMENT OF BOND COUNSEL:
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Consideration was given to the .engagement..of Vinson & Elkins as, bond
counsel for advance refunding of the current bonds.
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Mi ke Tanner, Ci ty Manager., stated ithat th~ s. j tem was the engagement
of bond counsel for the issuance of refunding bonds in. the amount of
$9,965,000.
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City Council Regular Session, July.L 1$.~',i1992
"
A motion was made by Council Member Kelly, seconded by,Go.unc,i]
Member Lang, to approve the engagement letter with the firm
Vinson and Elkins for the legal services for the advance'
refunding bonds and to authorize the Mayor to execute the letter of
agreement.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly,
Nickell and Lang
None
Council Member Duke
RESOLUTION AUTHORIZING SIGNATURES: '
Consideration was given to Resolution No~ 92-10 authorizing certain
City Officers to sign checks.
Council Member Lang read the Resolution as follows:
'. RESOLUTION NUMBER~2-10
u(
CITY O~ WEST UNIVERSITY PLACE
. .
RESOLUTION RELATING TO SIGNATURES ON CHECKS DRAWN
ON CITY ACCOUNTS; AUTHORIZING SUCH SIGNATURES AND
AUTHORIZING USE OF FACSIMILE SIGNATURES; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT
.WHEREAS~:,the West University Bank, N.A. has be.en,selected as the
depos itory for. the funds, of the C i.ty; and,
WHEREAS, the West University Bank, N.A. requires a resolution
authorizing officers of the. City to sign checks, .
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. In addition to, the .City Treasurer IIChristopher D.
Taylorll one of the following officers is authorized to sign checks
drawn on the Payroll Account:
A. Whitt F. Johnson, Mayor
B. Michael A. Tanner, City Manager
C. Victoria N. Imo, Chief Ac~ountant
Section 2. In addition to the City Treasurer IIChristopher D.
Taylorll one of ,the followin~r:officers,js authorized to sign checks
drawn on the ,General Fund:.', "
A. Whitt F. Johnson, Mayor
B. Robert E. Kelly, Mayor Pro Tem
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265
C. Michael A. Tanner, C~ty Manager
Section 3. In addition to the City Treasurer "Christopher D.
Taylor" one of the following officers is authorized to sign checks
drawn on the Group Health Plan Account:
A. Whitt F. Johnson, Mayor
B. Michael A. Tanner, City Manager
C. Victoria N. Imo, Chief Accountant
Section 4. In addition to the City Treasurer "ChristopherD.
Taylor" one of the following officers is authorized to sign checks
drawn on the Healthnet Account:
A. Whitt F. Johnson, Mayor
B. Michael A. Tanner, City Manager
C. Victoria N.lmo; Chief Accountant .
Section 5. , All signatures may be. s.ignedeither manually or by
facsimile in accordance with article 717J-1 ,of the Texas Uniform
Facsimile Signature of Public Officials Act.
Section 6. All resolutions and parts of resolutions in conflict
herewith are 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 orcircumsta,nce, shalteverbehe.ldto be invalirlor
unconstitutional by any court ,of competent jurisdiction, the
remainder of this resolution and the application of such word,
phrase, clalise, sentence ,paragraph, sectio.nor ,other par~of this
reso 1 utionto any other persons or circumstances. shall not be
affected thereby..
SectionS. TheCity:Councilofficially finds,determines and
declares' thatasuffi cient writtennoti ce of the date ; hour, place
and subject of each meeting at which this resolution was ~iscussed,
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 suchmeeti-nghasbeen open to the ,put> li!c ,as
required by law at all times during such discussiolJ. consideration
and action. The City Council ratifies, approves and confirms such
noti ces and the contentsandJ!>Qsti n9 thereof.. , .
PASSED AND ,APPROVED this,
1992.
day of
Voting Aye:
Voting No:
Absent:
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.\ < d ~:.: City Council Regular Session, July 13~'1992
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Mayor , _ .'
ATTEST:
Kaylynn Holloway
City Secretary
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(SEAL)
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A motion was made by Council Member Nickell, seconded by Council
Member Kelly to adopt Reso 1 ut i on No. 92~ 10 as. wri tten., ".
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The motion was voted on with the/.following. result:
Votitng Aye:, e Mayor) ,Johnson" Counci l.Members ,Kelly,
N.ickell .and Lang
Voting Nay: None
Absent: Council Member Duke
I.,
THEODE AUTO.1EASE:
. Consideration was given .to a ,lease for the property from. Theode'.
Auto Supply located at ,4213 Bellaire Boulevard.
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Chris Taylor~ Director .of Finance and Administration; reviewed the
1 ease wi th the Counci 1-. The'lease, ils the ,same as the one currently
in place with a revised rent schedule. The new lease provides for
the rent to go up in 1993 by 5% and 3% each year there after for the
balance of the ftve year lease~. The :Staff"recommended the City
Council authorize, the Mayor to execute the lease between "the City and
Russell Thoede.
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A motion was made by Council Member Lang, .seconded by.,Counci,l. ,
Member 'Nickell to authorize the Mayor: to execute the lease with
Theode,Auto'Supply:.. "".'- '" . ,:.
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The motion was voted on with the follow~ngresult:
Voting Aye.:
Voting Nay:
Absent:
Mayor Johnson , ,~ounc i 1 ,Members . Kelly,
Nickell and Lang
None
Council Member Duke
TAX REFUND:
Consideration was given to 1992 ad valorem tax refunds.
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267
Mr. Taylor stated that the refund for $760.00 to Norwood .Homes,:
Inc. was the result of an error by Harris County Appraisal District.
The improvement value wasapp.l,:jed to the ,wrong home. lhevalue ,would
show up at a later date ,ona-nother- home.' "
A motion was made by Council Member Lang, seconded by Council
Member Nickell to pay the refund of $760.00: to,.Norwood Homes, Inc.
The motion was voted on with the following result:
Voting Aye: . Mayor Johnsom,~ Counc:ilMembers: Kelly,
Nickell and Lang
Voting Nay: None
Abs'ent:' Council Member Duke
PAYMENT OF LEGAL FEES:
Consideration was given to the paymentofi,$9,262.33 to the City
Attorney for I ega 1 servi ces provi ded ..duri ng .themonth of June 1992.
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A moti on was made by Council Member Kelly" .seconded by Council
Member Lang that the legal fees in the amount of $9,262.33 billed
by the City Attorney for the month of June 1992 be approved for
payment.
The motion was voted on with the following result:
Voti ng :Aye:'
Voting Nay:
Absent:
.. Mayor, Johnson, CounctlMembers Kelly, .
N,fckell;a.nd 'Lang
None
Counci I Member Duke.
COMMUNITY BUILDING IMPROVEMENT:
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Consideratiori.wasgiven,tofinalpayment in theamoul1t of $10,020.00
to GroteC!:h, Inc. forCommunity~Building beautification.
A motion was made by Council Member Nickell, seconded by Council
Member Kelly to approve paymentito, Grotech, Inc. in the amount of
$10,020.00.
The motion was voted on with the following result:
Voting-Aye:
Voting Nay:
Absent:
Mayor Johnson, i Counc:il Member~ Kelly,
Nickell. and Lang
None
Council Member Duke
,13
City Council Regular Session, July 13'''1992
PAYMENT 'FOR .STREET"RENOVATION:: '.' '.< ,
Consideration was given to the, payment ,of an invoice in the amount of
$22,345.00 to Lockwood Contracting Enterprises for street repair in
the 3900 block of Amherst.
"
Mayor Johnson stated that he considered.,the repair work on the curb
finishing very poor work. He added that he was disappointed in the
dri veway returns. '
Mr. Tanner stated that most ;of:the work the City does is patch work
and will not last.
A motion was made by Council Member'Kelly, seconded by Council
Member Nickell to pay $22,345.00 to Lockwood Contracting
Enterprises.
The motion was voted on with the fo II owi ng resu 1 t:~
Voting Aye:
Voting Nay:
Absent: :
Mayor .Johnson, Council Members Kelly,
Nickell and Lang
None
Council Meniber Duke
PAYMENT FOR SCOUT HOUSE:
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Consideration was given to Payment No.2 in the amount of $27,246.00
and Change Order No.1 in the amount of $1,280.00 to Purcell
Construction, Inc. for construction of the new Scout House.
Change Order No. 1 was requested for the new set of doors ,and the
modification of the adjacent walls to accommodate the doors. The new
doors would enable others to use the Scout House restrooms without
entering the main building area.
Mr. Menville stated that this payment represented 19.5% of the
project costs. The paynient,covers work performed from June 6 through
July 1,1992. In addition to payment an additional 12 days is
requested for loss of time due to rain.
Mayor. Johnson stated that the Softball Association was going to
reimburse the City for the change order.
A motion was made by Council Member Nickell, seconded by Council ,
Member Lang to authorize payment of invoice No. 2in the amount of
$27,246.00 and Change Order No.1 in the amount of $1,280.00 and to
direct the Staff to forward the bill to the appropriate organization.
The motion was voted on with the following result:
Voting Aye:
Mayor Johnson, Council Members Kelly,
Nickell and Lang
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City Council Regular Session,.qJuly 13, 19.92 .
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Voting Nay:
Absent:
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None
Council Member Duke
FUEL STORAGE AND REMEDIATION :
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Consideration was given! to fuelrstorage., tank. instaJIla,tion,
remediation and payment of $31,071.45 to Dup's, Inc. and
reimbursement.
Council Member Nickell suggested Dup's Inc. should be requested to
help the City recover the refunds from the ,Texas Water Commission and
that payment should be withheld until that time.
A motion was made by Council Member Nickell, seconded by Council
Member. Lang to table,the,p.aymentito Dup's, Inc. until a later
da te. .
The motion was voted on with the following result:
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Voting Aye:
Voting Nay:
Absent:
Members Lang and
Mayor Johnson, Council
N i c ke II
Council Member Kelly
Council Member Duke.
1983 BOND.;1 SSUE. PAYMENT: .
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Consideration was given to an.,invoice in::the'amount 'o.f $88,221.50 .
submitted by First City, Texas for interest and agent fees due on the
1983 Bond.Issue. '
A motion was made by Council Member Lang, seconded by Council
Member. Nkkell to pay the invoice for ,interest and agent fees in
the amount. of $88,221.50 to. First,City, Texas.
The motion was voted on with , the, to 11 owing) r,esu It:
Voting ,Aye.:
Voting Nay:
Absent:
Kelly,
,Mayor Johnson,:Council;Members
Nickell and,iLang
None.. '.
. Counci I : Metnbel'1. Du ke. . ",
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SANITARVSEWER LINE RELOCATION: .
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Consideration was given to matters related to the proposed new
H.I.S.D. school on North Braeswood and sewer line relocation.
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No action was required on this agenda item.
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City Council Regular Session,....July 1,3, 1992
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the City Council meeting.
A motion was made by Council Member Lang, seconded by Council
Member Kelly to approve the minutes of June 22 and .June 29, 1992.
The motion was voted.on with the' following result:
. ;. .!!
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly,
Nickell and Lang
None
Council Member Duke
The City Council recessed the regular session at 10:35 p.m.
The City Council reconvened the regular session at 11:00 p.m. The
members of the Zoning and Planning Commission were present at the
meeting.
AMENDMENTS TO ZONING ORDINANCE:
Consideration was given to the first, reading of the following .,.
ordinances: Ordinance No. 1434, 1435, 1436, 1437 and 1438.
Mr. Ruhlen stated that the Zoning and Planning Commission had
reviewed the five proposed ordinances with the residents. .Hepointed
out a few minor changes in the text of Ordinance No. 1~34.' Ordinance
Numbers 1436,1437 and 1438 did not have any changes
The Zoning and Planning Commission recommended Amendment No.2 be
tabled until a later date.
Copi es of Ordi nances No. 1434, 1436, 1437 and 1438, in the form
required for adoption, were available..to all members of the Council.
Mayor Johnson read the caption of Ordinance No. 1434 as follows:
Ordinance No. 1434 (AN ORDINANCE RELATING TO ZONING AND LAND. USE:
AMENDING THE ZONING ORDINANCE OF THE, CITY 0FWEST UNIVERSITY PLACE,
TEXAS WITH RESPECT TO SIDE SETBACKS FOR CORNER BUILDING SITES;
AMENDING THE ZONING DISTRICT MAP; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT).
A motion was made by Council Member Kelly, seconded by Council
Member Lang to adopt Ordinance No. 1434 with the changes on the
first reading.
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The motion was voted on with the following result:
Voting Aye:
Mayor Johnson, Council Members Lang, Nickell,
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270
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" City Council Regular Session, July 13, 1992 "
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Voting Nay:
-Absent:
271
and Kelly
None
Council Member Duke
Mayor Johnson read the caption of Ordinance No. 1436 as follows:
Ordinance No. 1436 (AN ORDINANCE RELATING TO ZONING AND LAND. USE;
AMENDING THE ZONING ORDINANCE OF.>THE CITY .OF WEST UNIVERSITY PLACE,
TEXAS WITH RESPECT TO FRONT SETBACK AREAS (FRONT YARDS); AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT).
.
A motion was made by Council Member Lang, seconded by Council Member
Kelly to adopt Ordinance No. 1436 on the first reading.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Abstain:
Absent:
Mayor-Johnson, Council Members Lang and
Ke II y
None
Council Member Nickell
Council Member Duke
Mayor Johnson read the caption of Ordinance No. 1437 as follows:
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Ordinance No. 1437 (AN ORDINANCE RELATING TO THE ZONING AND LAND USE;
AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS WITH RESPECT TO GARAGES AND DRIVEWAYS; AND CONTAINING FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT).
A motion was made by Council Member Kelly, seconded by Council
Member Nickell to adopt Ordinance No. 1437 on the first reading.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang, Nickell,
and Kelly
None
Council Member Duke
Mayor Johnson read the caption of Ordinance No. 1438 as follows:
Ordinance No. 1438 (AN ORDINANCE RELATING TO ZONING AND LAND USE;
AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY, TEXAS
WITH RESPECT TO PORCHES; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT).
A motion was made by Council Member Lang, seconded by Council
Member Nickell to adopt Ordinance No. 1438 on the first reading.
The motion was voted on with the following result:
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Voting Aye:
Voting Nay:
Mayor Johnson, Council Members Lang, Nickell,
and Kelly
None
;17
. City Council Regular Sessiorf,,~Uuly. 13;,L1992
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Absent:
Council Member Duke
ADJOURNMENT:
With ,no: ,further business to come before the City Council ,a motion
was ,made by Counc.i 1 Member Lang, seconded by ,Counci 1 Member KeJ ly
to adjourn~' .
The meeting adjourned at 11:15 p.m.
Kaylynn Holloway
City Secretary
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2T3
CITYCOUNCJL WORKSHOP SESSION'
MONDAY, JULY 23, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
! 'iI; 7..:;30 P.M.;
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The City Council convened in workshop session in the Municipal
Building, (3800 University Boulevard), on. July 23. 1992, with the
fo 11 owi ng, members present: MayoriJohnson p~es,i ding; Counc il Members
Janice Lang, Cullen Duke and Jerry Nickell. Also present was
the City Manager, Finance and Administration Director, Director of
Pub 1 icWorks~Consu;Jt i ng Engineer- "and C'i ty< Secretary . Council Member
Bob ,Kelly was"absent.
DISCUSS PROMOTION OF'$-16 ,OOO'~OOOBONDISSUEAND RELATED MATTERS WITH
STRATEGIC ACTION COMMITTEE:
',"
Tom Wilson, a member of the Bond'Committee, briefed the City Council
on the committee's plans for promoting the bond issue. Mr.Wilsoni
stated that the Bond Committee concentrated on the three areas that
would receive the direct benefit from the passage of the bond issue.
They distributed 250 flyers to 5 different people. These 5 people
walked the streets with lists of registered voters and distributed the
flyers to tbe residents.. Once the initial handouts are completed, the
Committee plans to call the registered voters on the phone and
encourage them to vote.
Mayor Johnson reported that the Committee's efforts seemed to be
working because there seemed to be a fair turn-out of early voters.
Many of the citizens are on vacation. Mayor Johnson stated that he was
going to send out a letter, at his own expense, to citizens who he
thought would vote and encourage them to go to the polls and vote "for"
the bond issue.
Mike Tanner, City Manager, showed the Council and Bond Committee one of
the signs which were made to inform the public about the Bond
Election. Ed Menville, Public Works Director, told the Council the
basic locations of the signs.
Mayor Johnson suggested that the Committee have push cards printed and
recruit some of the members to hand them out during the week before the
election.
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Council Member Duke suggested that the Finance Director put together a
pocket calculation showing the current bonded indebtedness, the current
tax rate and what is projected over the next several years. This would
help ensure that accurate information is getting out, as well as making
the people who are going door-to-door feel a little more comfortable
and better prepared for questions.
- , City Council Workshop Session, July 23, 1992
Council Member Duke left the meetin.9i~lt 8:10p.m.
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Council Member Nickell sugges:t.edtnat fin the future the Staff needed
to prepare a detail plan tnqt,woul~ show the citizens where the City
has been in the"+ast 50 years, wher-e--it is today and where it is
headed. He stated that the Council needed a comprehensive capital
improvement plan.
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DieterUf:er,consultingEenginee,r"S~jifted that ,the City has a master
water plan ,and a ,mqster sanitarysewerplan~ ,There is no plan for
l drainage or str.eets. ';, !
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Mr. Tanner stated that, the,Ci,ty, dj d, J'lot have atY,'LJlycOnlPfehens.ive
capital improvement program where all the need~ . have "been reconciled.
Larry Massey, a resident at 3023 Plumb and a member of the Friends of
West University Parks Board, suggested that the only way the bond issue
was gotngto pass ts with .a:cp,eY;'sonal touch, which means, lots of letters
and phone calls. .
With no further business to come before Council at this time, a motion
,was made by Gounci 1 Member Lang, seconded byCounci 1 Member~ickell
to adjourn.
The. meeting adjourned .at 8:3,0 p.m.
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~h:.~..'..'...~/
~itt F.. Johns . . ... .. ....
Mayor '.
Kaylynn Holloway
City Secretary.
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MONDAY, JULY 27, 1992
MUNICiPAL BUILDING
3800 UNIVERSITY BLYD.
6 : 30 P. M. .
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The City Council convened in workshop session in the Municipal
Building, (3800 University Boulevard), on July 27, 1992, with the
following members present: Mayor Johnson presiding; Council Members
Janice Lang, Cullen Duke and Bob K~lly. Also present was the
City Manager, Finance and Administration D.irector, Director pf Public
Works, Deputy Director of Public Works 'and City Secretary. Council
Member Jerry Nickell was absent.
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CONSIDERATION WAS, GIVEN TO A PRESENTATION AND RECOMMENDATION OF THE
RECYCLING COMMITTEE
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Members of the Recycl ing Committee present at the meeting were: _
Linda Brannen
Larry Wiggin
Dawn F6urn'i er
Mary Studlick '
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Ms. Branne'n stated that this was ,the 20th yeaT, that West University
Place had been involved in recycling.
The Recycl ing Committee wanted to:bri,'ng the Council up-to-date on
'matters related to recycling,"toma'ke suggestions on the futute plans
of the Committee and to soli,cit,the approval of the Council to go
forwa,rd wi th the plans. . ,
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The Committee shares a common v,;sion or long-term. goal.. The CHyof
West Un;:vers i ty Pl ace. :becomes, by the year 2000,' a communi ty that :
voluntadly,.recydes.imore material' than it di.soards .througheducated
residents who embrace the philosophy of reduce/reuse/recycle and
participate in the' efficient, and cost.effectjve solid ~aste:programs
pY10vi ded. .' \I
The Committee's mission was more specific in that it tells how they
plan to achieve their vision. The mission of the West University.
Recycling Committee: is.tochampion the recycli-ng/solid:waste program to
the leadership. and citizens of West University. provide resources and
information to City Council for their use in making decisions and
setting policy, educate citizens and businesses, motivate participation
in the, recyc 1 i ng/ so lid was te prog,ram, increase recycl i ng as a
percentage. of the total waste stream and decrease total solid waste
vo 1 ume. . ..
City Council Workshop Session, July 27, 1992
276.
Mr. Wiggin stated that the, RecyclHig;Coinmittee was focusing on three
main priorities. Community'educatio:n,.was the first priority. Their
plans are to communicatewiththecTitrizens and businesses in the
community by informing".peopleabout;the.,current avai lable recycl ing
programs, motivate participation of those who are not yet recycling by
i nformi ng themo'f",thebenefits, environmental as well as economi c, and
as the program changes and grows the Committee plans to communicate
that to the citizens in a timely manner.
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The second prtorityisito estab,lish ,communications.with .the solid waste
department. ,The ,C9mmittee1 wants to provi deanli ndependent source of
information, to theCounci.l. ' They, plan to surv.ey household; ,
partic'ipation as: well ashandl'ing<.anyrequeststhatCouncil might have
re'garding.therecyc.l ing "program. The :Committeewants to provi de',
assistance to the solid waste department so that they can do the. best
job possible. The Committee has the resources to provide services to
the solid waste department such as gathering information from vendors,
getting prices on recycled materials, evaluating the cost benefits of
oper!i,fiohsand:new"equ i pment ,a.nd serVices. I norder to provide
information to Council and assistance'tad'the solid, waste department,
the Committee needs a regular flow of information from the department.
Mr. Wiggin stated, th'atthe Commi,ttee ,was asking;the:;Counci 1 for.
access to the solid waste department staff to help them;ga:ther
statistics and information that the Committee needs to measur,e the
progress. The Committee needs data such as the trans-disposal
tonage, volume of recycling generated by curbside and drop-off L
. programs, as well as the revenue generated and expenses incurred. By
gathering this data, the Committee can help the solid waste department
imp~ove' therecycli-ng :progr:amandprovi de ,the. Counci 1 wi th the
information they need to make iDtelligent decisions..
The third priority is tohavegood.two-waycommunication with the City
CounciL The Commi tteewqnts; the Council ito be informed of what they
are doing and why they are,doing.tt.Mr. Wiggin stated ,that the
Committee requested the workshop meeting in order to obtain ilTlmedi,ate
feedback and approval of their activities and plans. In the future,
theC6mmittee plans.toupdatethe:Council on their progress by the
Recycling ,Committee meeting minutes.. Their goaLis to,establish the
communicat;j:on:..framework"necessary to feed the.Counci 1 . the information.
'Ms.;Brannen reported the Committee wanted ,to beautify .and clean
up Milton Street. They also wanted to have an effective route for the
trucks to make them more efficient.
Mr. Wiggin asked if the Committee could, on a more regular bg.$i$, have
access to the City Council.' The Committee requested that the City
Secretary.di stri bute themi nutes of the Recycl i ng Comm; tteel.$ ..meeti ngs
to the City Council.
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It was the consensus of CounciLto~allow the Recycl)ng Committee to
workw'ith the sol id waste.;department and provide information to Council
on a regular basis.
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The Workshop Session reconvened:; at 9:30 p.m. ~.' ""!
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The Pol ice Chief and the Fire' Chi~ef, were present: at ,the meeting.
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CONSIDERATION WAS GIVEN TOA PRESENTATION AND RECOMMENDATIONS ,OF
WATERS CONSUL TING; GROUP CONCERNING. COMPENSATION CS~uARIESAND' ..
BENEFITS) . ." h 'i ,:
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The City of West University Place ,engaged ,the management consulting
. f.irm iof The Waters Consulting, Group;,) Inc. to develop ,acompensiltion.
system for the City organization. The City has made a commitment to
upgrade...their overalllcompensation program' and personneLsystem. A
need for current and accurate:job descriptions existe4:as well as the
need to conduct a .comprehensive s,alary. surv.ey. The, Oity wanted. to
establish an on-going job evaluati.on system designed for a city
organization that i nsuresinterna 1 equity..
Jeff Grady. from Waters . Consu.lt i ng., Group dell i vered a, pxesentat i. on and
report on the resul ts,'o.f the sal ary and ':benefi tsurvey., The data had
been gathered and the consu.l ting group had come to some ,conc.lusions to
bring before Counci 1.. Ult,imate.ly, the poli.cy makers !wou,ldhave to .look
at the results and make decisions on directing the Staff to consider
implementin~changes ~sthey begin thebudgetproces~.
The ,project was a mul ti -phase effort :;,nvol v,ing parti.ci pation by ,
employees at, all levels of the City. ,The'Jresulting,itan.gible,p.roducts
are:;' {l}..An,;updated ,sal:a.ry'structl:J'rewbichimpr,oves internal.equ.ity
and external competitiveness.~ (2) An ongoing system for evaluating
changes in position'respons,ibili.ty~. ,(3,) A detaHed.,job :a,nalysis and
job description for'everyposition~ (4)' Applicable policies" .
procedures and gui.de lines to provi.de for ongoing .admi ni str,ir4io.n and
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Current and accurate job:descriptions~were;~reparedfor_positions in
the City~,A position description 'questionnaire was completed;by .each
employee:and; reviewed .by' supervisors.to prov!de';compnehensive. ,,'
information ,on thei,r.1job.. ,;The j,obdescri,ption questionnaires ,were
instrumental in'the preparation of final job description~ jthat' focused
on the principal duties, responsibilities and qualifications for each
position;' The questionn~ires~lso served,as,a resource aid for other
project'phases;. j.All ,'questionn~i res. were reviewed by :departm~nt heads,
the'Personnel.Department,and tbe Waters. Consulting,GrOl~p'for content
and accuracy. The final version of the job descriptions will be
delivered to. the City for final supervisory/employeereyiew,. ~n order
to insure that job descriptions are.:current".an, ongoing. policy for
annual review and updating should be developed. This policy should
also address. creation of: new positions to: assure. thatall"posit~ons
always have a job descripUon.., , , . , "
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To determine the external market value of jobs within the City, a
sa 1 ary survey was conducted. A tota 1. of' 28 j obs wer~, i nc.l uded, in the
survey. In addition to the salary data, information was also collected
on medical and life insurance, vacation, paid holidays, section 125
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. .:q~ty Council Workshop Sess.fon, 'July 27<0,1992
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plans, dental insurance,retitiement p~an,. sick leave.:.and .automobiles.
Compared to the marketplace as a whole, the benefits offered by the
City ,of .West University Place, and ,tits' c.ompetitors are good~ ,
In order to determine the internal worth of all jobs within the City,
each;j9b was, e,,~r1 u~ted util izing poInt! _factor. job evaluation .
methodql.:ogy. . ': P-oijnt factor systems mea~~~~. positions in terms 'or the
degree to which several specifically designed compensable f.acto~s, are
present in a given job. The compensable factors are knowledge, .
expeY1ience', :organ,izational control, human relations ski.ll,
re.sponsib,i'Hty, guidance rece;.ved;;',complexity and wo~king conditions.
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A. salary.structure:was' developed, inoluding'alljobsexceptlthe City
,'Manager~and .depar.tment director..s.> Th~ . structure ,defines .the pay, .
opportunities.for.j:obs in theC.;ty. Itis!composed of salary ranges
which, have a:min'imum, a mi.dpoint and a maximum, :and was developed
taking into account various design issues.
The Water's Consul ti ng Group' pr.ovided ,the!_Ci ty wi th ,an implementation
pl an -and recommendations . The ,key,s;el ements are: '
(1): The existing pay plan and..relat,ed sa:lary guidelines should be
phased out.upon formal ap-pro,val.,of'.,thecompensation system'.by the City
Council. . , ,
(2) The proposed structure,'.and salary guidelines should be effective
December 1, 1992.
(3) TheCi'tyCounctl'should'.determtne a policy to bring_all employees L
; who arebelQw.,th~ propose:d.m'i'nimu.mo:f their, salary range to the minimum ~
of their. range., This pr'ocess shouldbe.doneas soon,as,feasible,"
pr.efe'rab ly compl eted by, December 1, 1992.,. . . '. . .
.(4) .No indiv'idualsshould receive a sa,la:ry:increase that would put
their.sa'lary above the maximum of. their:s,alary range. . ,:
(5): . Du'ring the 1993'.budgetprocess ,a mix of across-the-board.
adjustments and pay-for-performance increases should be.determined.
The overall amount allocated should be determined in the context of
fiscal conS'traints .and' the .City'scompeti,tivepositi'on.
,(6) :The. Council s,hould considerfJtherevision of a performance
appraisal, system duri,ng'the last. half 'of 1992. "fA trial system, could be
conducted. in l:993 , and if determined to'be,credible, linkage to. pay
could ~ccuri i'n~the second h~lf of:1993 or 1994.
Mr.. Tanner requested the Council to:determine if..th~ salaryand,benefit
study"was generally acceptable and if the Staff can move forward"
better refine the study'sothat it can be presented with the budget.
It was the general consensus,of Council .totake.more time to review the
results'of the; survey and meet at a later date. "
With.no further business to come before Council ,at this time, a motion
was made by Council Member Duke, seconded by Council Member Kelly to
adjourn.
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lheimeeting adjburned' at 10:40,p.m.
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City Secretary
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W itt F. John
Mayor .
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CITY COUNCIL REGULAR SESSION
MONDAY, JULY 27., 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:30P.M.;,
******~************************~*
The City Council convened in regular session in the Municipal
Building (3800 University Blvd.),!:on July 27, 1992, with the
fo 11 owi ng members present: MayorJ.ohnson, Presiding; ,Council Members
Bob Kelly, Cullen Duke and Ja'niced,Lang. Also present 'were the
City Manager, Public Works Director" Deputy Director Pi.lb'litWorks,
Finance Director, Police Chief, City Attorney and Ci'ty.Secretary.
Mayor Johnson delivered the invocation and Council Member Lang led
the Pledge of Allegiance. Council Member Jerry Nickell was absent.
HEARING OF RESIDENTS:
Mayor Johnson invited residents who wished to address the City
Council to come forward as their names were called.
Carol Burke, Chairman of the Parks and Recreation Board,.>spoke to the
Council about the plans for the Milton Street Park. It had c.ome to
the Parks Board's attention that the City Council recently made a
decision to not hire a landscape architect to oversee the
construction and implementation of the landscaping portion of the
Mi I ton Street Park. . The Board was .concerned that.completioR,'of the
landscaping portion of the contract without supervision would cause
excessive corrections andprob1.ems.later thatcould eas.ily.be so.lved
smoothly now. Ms.. Burke expressed concern that. wi thout;thel andscape
architect's continued ,involvement, the outcome of the finished
product would be at jeopardy. She. requested the Counc.il to retain
the services of Tapley Lunow.
Mayor Johnson reported that the park pr.ojectw.as; already moving,
forward and the. Ci ty.'s staff was" in .charge. of~theiproject. The
lights and the furniture had been ordered, also.
It was the consensus of the Council to give the City Manager the
authority to continue to handle the park project and, if he so
chooses, the authori tyto retain the serv,i ces of Charles TapleY.on
an hourly basis. Mayor Johnson recommended that if the Staff could
not resolve the problem, then they could bring it before the ,Council
during the next regular session.
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AMENDMENTS TO ZONING ORDINANCE:
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Consideration was given to the second and final reading of Ordinance
Numbers 1434, 1436, 1437 and!.1438.
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Copies of the four ordinances",in the" form required for adoption,
were available to aH members of the Council.
Mayor Johnson read the caption of Ordinance No. 1434 as follows:
Ordinance No. 1434 (AN ORDINANCE REl.ATING TO ZONING AND LAND USE:
AMENDING THE ZONING: ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS WITH RESPECT TO SIDE SETBACKS! H1Ri ,€ORNER BUILDING SITES;
AMENDING THE ZONING DISTRICT MAP.; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT).
A motion was made by Council Member Lang, seconded by Council
Member Kelly to adopt Ordinance No. 1434 on the second and final
reading.
The motion was voted on with the following result:
Voting Aye:
Voti.ng Nay:
Absent:
Mayor Johnson, Gouncil Members Lang, Duke
and Kelly
None
Council Member Nickell
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Mayor Johnson read the caption of Ordinance No. 1436a.s follows:.
Ordi'nance No. 1436 (AN ORDINANCE RELATING TO .ZONINGANDLAND USE;
AMENDING THE ZONING ORDINANCE OF THE CLTYOF WEST UN.IVERSJTY PLACE,
TEXAS WITH RESPECT TO FRONISETBACKAREAS (FRONT YARDS );AND
CONTAINING FINDINGS AND, PROVISIONS RELATIN,G TO THE SUBJECT).
A motion was made by Counci 1 MemperKelly, seconded by Council
Member Duke to adopt Ordinance No. 1436 on the se'cond and final
reading.
The motion was voted on wi th the,fo 11 owing result:
Voti'ng Aye:,
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang, Duke
and Kelly
None
Council Member Nickell
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Ordinance No. 1437 (AN ORDINANCE RELATING TO THE ZONING AND LAND USE;
AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE,
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Mayor Johnson read the caption of Ordinance No. 1437 as follows:
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City Council Regular Session, July 27,.1992
283
TEXAS WITH RESPECT TO GARAGES AND,; DRIVEWAYS.; AND CONTAINING FINDINGS
~ND PROVISIONS RELATED TO THE SUBJECT),.
A motion was made by Council Member Duke. seconded by Council Member
Lang to adopt Ordinance No. 1437~oh the second and final reading..
The motion was voted on wi th the 'fb 11 owi ng resu It:
Voting Aye:
Voting Nay:
Absent:
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Mayor Johnson, Counc i 1 Members Lang, Du ke.,
and Kelly.. '. "
None
Council Member Nickell
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Mayor Johnson read the caption of Ordinance No. 1418 as follows:
Ordinance No. 1438 (AN ORDINANCE, RELATING .TD ZONING AND LAND USE;
AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY, TEXAS
WITH RESPECT TO PORCHES; AND. CONTAINING FINDINGS AND PROVISIONS.
RELATING TO THE SUBJECT).
A motion was made by Council Member Kelly, seconded by Council
Member Duke to adopt .Ordinance, No. 1438 on the second and final
reading.
The motion was voted on wHh the .following result:
Voti:ng'Aye:
Voting Nay:
Absent:
Mayor_Johnson, Counci 1 Members Lang, Duke
and Kelly
None
Council Member Nickell
George Ruhlen, Chairman of the Zoning and Planning Commission,
stated that Amendment No. 2 on the rotated corner lots, ,wh,ichwas
tabled at the last Council meeting; would be considered ag~ih in
about a month. . , , ,
The City Attorney left the meeting at 8:20 p.m.
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BID OPENING FOR ASPHALT KETTLE:
Consideration was given ,to bids for .a .new rubberized,60 gallon
asphalt kettle needed for street maintenance and repair equipment.
The following bids were received:
Bidders ,.'
Amount
Berry Corporation
Old Katy Warehouse
Race South
Chem Line
1 ;,1
$12,500.00
$15,333.00
$15,863.00
$14,282.00
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City Council Regular Session, July.27',:1992
A moti>on: was made by Counc,:j.l Member.1 Lang, : s,econded: by.. Counci 1
Member Duke to refer the bids to the: City Statff for recommendation at
the next regular Council meeting.
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The motion was voted on with the following result:
Voting Aye:
Voting Nay:'
Absent:
May.er. Johnson, eouRci 1 Members Lang, Duke .
and Kelly
None'
Council Member Nickell
BID FOR TRUCK PAINTING:
Consideration was given to the bid received July 13, 1992 to paint 5
garbage'trucks in the Pub 1 i c Works Department.
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Jerry Burns~" Deputy Director of .Publ ic Works" recommended that the.
Council accept the bid in the amount of $14,750. from Southwestern
Body and Paint for repainting the 5 Solid Waste vehicles.
A motion was ,made by Council Member .Lang; seconded by Council
Member Duke, to accept the Staff1s recommendation.
The motion was voted on with the following. result:
Voti n~J' Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci~ Members Lang, Duke
and Kelly
None
Council Member Nickell
BIDS FOR WAKEFOREST WATER PLANT IMPROVEMENT:
Consideration was given to bids received July 13, 1992 for the
improvement (Phase 3) of the Wakeforest Water Plant.
Ed Menville, Director of Public Works, recommended the Council award
the contract to Nunn Constructors for the low bid of $175,060.00.
A motion was made by Council Member Duke ,seconded by Counci 1 ' Member
Lang to award the contract ,to NunnConstructors in.the amount of
$175,060.00.
The motion was voted on with the following_result~
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council
and Kelly
None.
Council, Member Nickell
Members Lang, Duke
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City Council Regular Session,',July 27, 1992
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PAYMENT OF ENGINEERING SERVICES:
Considerati'on was given to the payment of $20;364.74 to Langford
Engineering for the following projects:
(a) Invoice No. 6873 in the amount of $2,787.50 for observation
(A full-time field representative was present) in the relocation
of the sanitary sewer outfall line (Rice Lab School
construction).
(b) Invoice N~. 6874 in the amount of $9,885.25 for ~he desigri
of sanitary sewer, street and' drainage improvements in the
Charlotte/Lake area.
(c) Invoice No. 6875 in the amount of $6,781.51 for Priority
Area 4, Phase 1 Sanitary Sewer Renovation.
(d) Invoice No~ 6876 in the amount of$548~5G for design and
construction of'Priority Area 3 Sarlitary Sewer Renovat-ion.
(e) Invoice No. 6877 in the amount of $361.98 for the design of
a surface water transmission line.
Mr. Menville reported that he' had reviewed the invoices~found them
to be in order and recommended payment.
A moti on was made by Counci 1 Member Lang, . seconded by Counci.l
Member Kelly to pay the invoices in the amount of $20,364.74 to
Langford Engineering.
The motion was voted on with the following result:
Voti ng Aye: " Mayor Johnson, Counci:l Members Lang, Duke
and Kelly .
Voting Nay: None
Absent: Council Member Nickell
PAYMENT FOR TELEPHONE .5YSTEM~;.1 .
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Consideration 'was g'iven to the payment of $58,137 .96 to AT&T for the
purchase and,.i.nstallation of. Fa-neW telephone ,system-~"
The new telephone system has been installed, personnel trained and
all operati n9 requ'i rements met. . ifhe Staff reoommended .the payment of
$58;137.96 to AT&T for the ipur.'cha-se andi.-nstallation ;of ,the new
telephone' system 'be approved.1 : !.. " ; ,
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Mayo'r Johnson questioned -an $800,.00 extra"expendHure.not included in
the specifi'cations prepared by the Chlef of Police.,. .
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A motion was made by Council Member Duke, seconded by Council Member
Kelly to make payment to AT&T in the amount of $58,137.96.
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City Council Regular Session, July 27, 1992
286
The motion was voted on with the following r~sult:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang, Duke
and Kelly
None
Council Member Nickell
PAYMENT FOR PRIORITY AREA 4, PHASE 1 SANITARY SEWER RENOVATION:
Consider:ation was given to the payment of Estimate No.4 in the.
amount of $150,859.05 to Whitelak, Inc. for work performed during
the month of June 1992.
Mr. Menv ill e reported that the proj ect was ]7% compl efe.
A moti on was made by Council Member Duke, seconde9 byCouncj 1 Member
Lang to. pay Estimate No.4 in the amount of $150,859.05 to
Whi te 1 ak, Inc.
The motion was voted on with the following result:
Voti.ng Aye.:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang, Duke
and Kelly
None
Council Member Nickell
FUEL STORAGE AND REMEDIATION:
Consideration was given to fuel storage tank installation.
remediation, payment of $34,891.25 to Dup's.. Inc. and
reimbursement.
Mr. Curtis Dupriest, from Dup's, Inc., was present to answer
questions.
Council Member Lang told Mr. Dupriest that the, Council expected
Dup's, Inc. to come through on their promise to help the City get
the remedi.ati on hono.red. She asked Mr . Dupri est if he had any
plans at all to speak .with anyone in Austin about.the City's
situation.
Mr. Dupriest tlarimed that, he had been to Austin twice. He stated
that working with the bureaucracy was difficult especially si.nce the
Chairman of the Water Commission was a different person and he did
not know him. He reported that Regulation 334 rules that the
remediation is between the owner/op~J:ator and the State. He stated
that he did not have theauthQrity to represent the City of West
University Place unless he is hired to represent the City as an
acting agent.
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City Council Regular Session, July 27, 1992
Council Member Duke stated that the T.W.C. had already acted on the
first group submitted for reimbursement and they disallowed
$76,356.74 which is about one-third of the amount submitted. He
asked Mr. Dupriest, since he was involved in the project, what he
was doing to help the City with regards to the amount disallowed.
Mr. Dupriest stated that he had no authority to talk to the Texas
Water Commission.
Council Member Duke asked the Staff if there was anything that
Dup.s, Inc. could be doing to help the City resolve this with the
T.W.C. in Austin. Mr. Tanner stated that Dup's, Inc. had assisted
the City in paperwork but Dup's had not been specifically charged
with the responsibility of going to Austin and talking with the
reimbursement officer. They are willing to do this for a fee.
Mr. Tanner suggested paying the outstanding invoices and end the
relationship with Dup's, Inc.
Mr. Dupriest told the City Council that these were the last of the
invoices and there were no more outstanding.
A motion was made by Council Member- Kelly, seconded by Council
Member Lang to pay invoice no.'s 19491, 19494, 19489, 19561 and
20261 in the amount of $34,891.25 upon the representation by Mr.
Dupriest that this would be the final payment and there would no
other payments coming to the City.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang, Duke
and Kelly
None
Council Member Nickell
CITY COUNCIL MEETING MINUTES:
A motion was made by Council Member Duke, seconded by Council Member
Kelly to approve the minutes of the Workshop Session on July 13,
1992.
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The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Mayor Johnson, Council Members Lang, Duke
and Kelly
None
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City Council Regular Session, July 27, 1992
Absent:
Council Member Nickell
ADJOURNMENT:
With no further business to come before the City, Council, a motion
was made by Council Member Lang, seconded by Council Member Kelly
to adjourn.
The meeting adjourned at 9:20 p.m.
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.- -;1;? F. Johnson .. .
Mayor .
Kaylynn Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, AUGUST 10, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:30 P.M.
*********************************
The City Council convened in regular session in the Municipal
Building (3800 University Blvd.), on August 10, 1992, with the
following members present: Mayor Johnson, Presiding; Council Members
Bob Kelly and Janice Lang. Also present were the City Manager,
Public Works Director, Deputy Director Public Works, Finance
Director, Police Chief, City Attorney and City Secretary. Mayor
Johnson delivered the invocation and Council Member Lang led the
Pledge of Allegiance. Council Members Cullen Duke and Jerry
Nickell were absent.
HEARING OF RESIDENTS:
J
Mayor Johnson invited residents who wished to address the City
Council to come forward as their names were called.
Penny Jaffe, a resident at 2712 Arbuckle, requested that the pool
hours be extended for lap swimmers. She stated that the hours were
not long enough for those people who worked. Chris Taylor, Finance
and Administration Director informed Ms. Jaffe that the pool staff
was having an informal meeti'ng to discuss some possible changes and
improvements at Colonial Park. He invited her to attend.
Dorothy Rieger, a resident at 6516 Brompton, requested that the
Council try to find additional volunteers to help carry the groceries
for the Senior Citizens.
ORDINANCE CANVASSING RETURNS OF BOND ELECTION:
Consideration was given to the first and final reading of Ordinance
No. 1439.
1
Mayor Johnson read the certificate for ordinance as follows:
We, the undersigned officers of the City Council of the City of West
University Place, Texas, hereby certify as follows:
1. The City Council of the City of West University Place,
Texas, convened in regular meeting on the 10th day of August, 1992,
at the regular meeting place thereof, within said City, and the roll
was called of the duly constituted officers and members of said City
Counci 1 and the Ci ty Secretary, to wi t: .
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City Council Regular Session, August 10, 1992
Whitt F. Johnson
Bob Kelly
Cullen Duke
Janice Lang
Jerry Nickell
Kaylynn Holloway
Mayor
Mayor Pro Tem
Council Member
CounCi 1 .Member
Council Member
City Secretary
and all of said persons were present, except the following
absentee(s): Cullen Duke and Jerr1 Nickell, thus constituting
a quorum. Whereupon, among other usiness, the following was
transacted at said meeting: a written '
ORDINANCE CANVASSING RETURNS AND DECLARING
RESULTS OF ELECTION; AND DECLARING AN EMERGENCY
was duly introduced for the consideration of said City Council and
read in full. It was then duly moved and seconded that said
ordinance be adopted; and, after due discussion, said motion,
carrying and it the adoption of said ordinance, prevailed and carried
by the following vote:
AYES: All members of the City Council shown present above
voted "Aye".
NOES: None
2. That a true, full and correct copy of the aforesaid
ordinance adopted at the meeting described in the above and foregoing
paragraph is attached to and follows this certificate; that said
ordinance has been duly recorded in said City Council's minutes of
said meeting; that the above and foregoing paragraph is a true, full
and correct excerpt from said City Council's minutes of said meeting
pertaining to the adoption of said ordinance; that the persons named
in the above and foregoing paragraph are the duly chosen, qualified
and acting officers and members of said City Council as indicated
therein; that each of the officers and members of said City Council
was duly and sufficiently notified officially and personally, in
advance, of the date, hour, place and purpose of the aforesaid
meeting, and that said ordinance would be introduced and considered
for adoption at said meeting, and each of said officers and members
consented, in advance, to the holding of said meeting for such
purpose; that said meeting was open to the public as Tequired by law;
and that public notice of the date, hour, place and subject of said
meeting was given as required by Vernon's Article 6252-17, as
amended.
_____~~::~:_~::_~~~~~:_::iS 10th day Oa_~~~
City Secretary Mayor ~
A motion was made by Council Member Kelly, seconded by Council
Member Lang to adopt the certificate for ordinance.
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The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
Council Members Duke and Nickell
Mayor Johnson read Ordinance No. 1439 as follows:
ORDINANCE NO. 1439
ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS OF
ELECTION; AND DECLARING AN EMERGENCY
WHEREAS, there was held in the City of West University Place,
Texas, on the 8th day of August 1992, an election at which there was
submitted to all duly qualified resident electors of the City for
their action thereon, the following proposition: the issuance of
$16,000,000.00 permanent improvement bonds; and
WHEREAS, there were cast at the election:
PROPOSITION
FOR THE ISSUANCE OF $16,000,000.00
PERMANENT IMPROVEMENT BONDS
633 VOTES
AGAINST THE ISSUANCE OF $16,000,000.00
PERMANENT IMPROVEMENT BONDS
174 VOTES
as shown in the official election returns heretofore submitted to the
City Council of the City and duly filed with the City Secretary of
the City; and
WHEREAS, the election was called and held in all respects under
and in strict conformity with the Constitution and laws of the State
of Texas and the United States of America; Now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE' CITY OF WEST
UNIVERSITY PLACE, TEXAS:
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Section 1: The election held in and throughout the City of
West University Place, Texas, on the 8th day of August, 1992, which
election is more particular.ly describe,d tn the preamble of this
ordinance, was duly called and notice thereof was given and the
election was held under and in strict conformity with law; that only
duly qualified resident electors of the City voted at the election;
that due returns of the election have been made by the proper
officers; that the election has resulted favorably to the issuance of
the bonds mentioned in the preamble of this ordinance; and that a
majority of the qualified voters voting in the election have voted in
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City Council Regular Session, August 10, 1992
favor of the issuance of such bonds and the levy of a tax for payment
thereof.
Section 2: The City Council of the City is now authorized to
issue all of the bonds described above, and the City Council is
authorized to do any and all things necessary and/or convenient in
connection therewith.
Section 3: It is hereby officially found and determined that
notice of the meeting at which this ordinance was adopted was given
as required by the Open Meetings 'Act, Article 6252,:",17, Vernon's Texas
Civil Statutes, and that such meeting has been open to the public at
all times when this ordinance was discussed and acted on.
Section 4: The public importance of this measure and the
requirements of the law create an emergency and-an urgent public
necessity requiring that this Ordinance be passed and take effect as
an emergency measure, and a state of emergency is hereby declared,
and this Ordinance is accordingly passed as an emergency measure and
shall take effect and be in force immediately from and after its
passage and signature.
PASSED AND APPROVED the 10th day of August, 1992.
~>~.~
i t F. J'ohn
Mayor
ATTEST:
Kaylynn Holloway
Gity Secretary
(SEAL)
APPROVED AS TO FORM:
James L. Dougherty, Jr.
Ci ty Attorney
Copies of Ordinance No. 1439, in the formed required for adoption,
were available to all members of the Council.
A motion was made by Council Member Lang, seconded by Council
Member Kelly to adopt Ordinance No. 1439 as written.
The motion was voted on with the following result:
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City Council Regular Session, August 10, 1992
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
Council Members Duke and Nickell
1992 BUDGET AMENDMENT:
Consideration was given to the first and final reading of Ordinance
No. 1440.
Mayor Johnson read the caption of Ordinance No. 1440 as follows:
AN ORDINANCE AMENDING ORDINANCE NUMBER 1412 WHICH APPROVED THE BUDGET
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 1992, AND ADOPTED ON NOVEMBER 25, 1991;
CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY.
~
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
Council Members Duke and Nickell
The City Attorney left the meeting at 8:15 p.m.
OFFICIAL STATEMENT:
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Consideration was given to the official statement required by an
advanced revenue refund.
Jim Shaw, representing Rauscher Pierce Refsnes, Inc., explained
to the Council that the official statement was the document that
would essentially end up in the hands of the underwriter who would
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City Council Regular Session, August 10, 1992
then distribute the documents to the people who were going to buy the
bonds. The document was designed as a set of guidelines for the
disclosure of information. The official statement would provide the
investor with information that would be needed in order to make a
reasonable investment judgement.
A motion was made by Council Member Kelly, seconded by Council
Member Lang to accept the Staff's recommendation to approve the
draft official statement for the 1992 refunding bonds, subject to
changes that may have to be made for updating information, and
authorize Rauscher Pierce Refsnes, Inc., to proceed.
The motion was voted on with the following result:
Voting Aye:
,Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
Council Members Duke and Nickell
BID OPENING FOR PLAYGROUND EQUIPMENT
Consideration was given to bids for'the purchase and installation of
playground equipment at Judson Park.
The following bids were received:
Bidders
Bid Amount
Reliable Constructors
Gulf Coast Landscape
Miracle Recreation Equip. Co.
Persenaire Park/Playground
All American Playworld
Hunter-Knepshield
Quality Wood Products of Texas
$ 4,500.00
$10,875.00
$ 6,995.00
$6,407.00
$ 9,065.00
$ 9,134.55
$ 5,900.00
A motion was made by Council Member Lang, seconded by Council
Member Kelly to refer the" bids to the Staff for recommendation at
the next regular council meeting.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
C6uncil Members Duke and Nickell
BID OPENING FOR WOODEN DECK:
Consideration was given to bids for a 1500 square feet wooden deck
for Colonial Park.
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The following bids were received:
Bidders
Bid Amount
Alternate Bid
Pelletier Construction Co.
Harrop Construction
Reliable Constructors
Kurtin Keiser & Associates
Courtyard Fence
Quality Wood Products of Texas
Western Fence Co.
Texas Decks, Etc.
David's Services
Custom Patio Covers
$10,292.00
$ 8,279.00
$ 9,795.00
$ 6,600.00
$ 9,000.00
$17.250.00
$ 8,725.00
$11,355.00
$ 9,200.00
$10,804.67
~~p
$12,195.00
$11,279.00
$11,566.00
$ 7,275.00
$11 ,250.00
$19.975.00
$ 9,025.00'
$11 ,355 .00
$10,800.00
$12,081.33
A motion was made by Council Member Lang, seconded by Council
Member Kelly to refer the bids to Staff for recommendation at the
next regular council meeting.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
Council Members Duke and Nickell
BIDS FOR ASPHALT KETTLE:
Consideration was given to the bids received July 27, 1992 for a new
60 gallon asphalt kettle (street maintenance and repair equipment).
Ed Menville, Director of Public Works, recommended the purchase of
the 60 gallon tar kettle' from Berry Corporation in the amount of
$12,500.00.
A motion was made by Council Member Lang., seconded by Council.
Member Kelly to accept the Staff's recommendation for thee purchase
of the asphalt kettle in the amount of $12,500.00 from Berry
Corporation.
The motion was voted on with the following result:
Voting Aye:
.Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
Council Members Duke and Nickell
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PAYMENT FOR SCOUT HOUSE CONSTRUCTION:
Consideration was given to Payment No.3 in the amount of $30,569.00
to Purcell Construction, Inc. for construction of the new scout
house.
John Stone, representing Mitchell, Carlson & Associates, Inc., was
present at the meeting to answer questions concerning the
construction of the scout house. According to, the application, the
project was about 45% complete. Mr. Stone and the City Staff
recommended the payment to Purcell Construction.
A motion was made by Council Member Kelly, seconded by Council
Member Lang to accept the Staff's recommendation to make Payment
No.3 in the amount of $30,569.00 to Purcell Construction Company
for the new scout house.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
Council Members Duke and Nickell
PAYMENT FOR PRIORITY AREA 4. PHASE 1 SANITARY SEWER RENOVATION:
Consideration was given to the payment of Estimate No. 5 in the
amount of $98,842.16 to Whitelak, Inc. for work performed during
the month of July 1992.
Mr. Menville reported that the sanitary sewer line renovation was
92.60% complete. The Staff had inspected the project, reviewed the
estimate and was recommending payment of Estimate No.5.
A motion was made by Council Member Lang, seconded by Council
Member Kelly to pay Estimate No.5 in the amount of $98,842.16 to
Whitelak, Inc.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
Council Members Duke and Nickell
PAYMENT FOR GROUND STORAGE TANK CONSTRUCTION:
Consideration was given to the payment of Estimate No. 8 in the
amount of $12,354.51 to Nunn Constructors for work performed (June 9
through July 13, 1992) in construction of 2 ground storage tanks at
the Wakeforest Water Plant.
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Mr. Menville reported that Nunn Constructors was in the final stages
of the project. The work, performed to date was .approximately 93.17%
complete, with painting of the tanks being the majority of the
remaining work to be done.
A motion was made by Council Member Lang, seconded by Council
Member Kelly to approve payment of Estimate No.8 in the amount of
$12,354.51 to Nunn Constructors.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
Council Members Duke and Nickell
PAYMENT OF LEGAL FEES:
Consideration was given to the payment of $8,080.11 to the City
Attorney for legal services provided during the month of July.
Mr. Tanner informed the Council that more than 50% of the legal fees
would be reimbursed by H.I.S.D. which is associated with the new
school easement relocation.
A motion was made by Council Member Kelly, seconded by Council
Member Lang to pay the City Attorney's legal services for the month
of July in the amount of $8,080.11.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Gouncil Members Lang and Kelly
.None
COJ.lncil Members Duke and Nickell
CHANGE ORDER.FOR PARK DEVELOPMENT:
Consideration was given to a .changeorder in the amount of $2,048.00
for payment and performance bonds required for J.M.H. Park (Phase 1)
development.
Jerry Burns, Deputy Director of Public Works, reported that the bonds
were not part of the original specifications as required by the
City. The change order represents 3% of the original contract of
$66,080.
A motion was. made by Council Member Lang., seconded by Counci 1
Member Kelly to approve change order no. 1 in the amount of
$2,048.00.
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City Council Regular Session, August 10, 1992
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang and Kelly
None
Council Members Duke and Nickell
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the
meetings:
(a)
(b)
(c)
(d)
following City Council
Ci ty Counci 1
City Counci 1
City Council
Ci ty Council
Regular Session on July 13, 1992
Workshop Session on July 23, 1992
Workshop Session on July 27, 1992
Regular Session on July 27, 1992
Mayor Johnson asked that the City Council postpone the consideration
of the minutes until the next regular session. He needed more time
to review the minutes.
It was the consensus of Council to table the minutes until the next
regular session.
COUNCIL COMMENTS:
Mayor Johnson reported that he had a request from a person who lives
in the 3600 block of Nottingham, David Dunwoody, who along with his
neighbors, would like to take on the responsibility of beautifying
the lift station in that area. Mayor Johnson stated that there was a
$1000.00 item in the contract for beautification of this area. Mr.
Dieter Ufer stated that the contractor had verbally agreed to release
that amount and would not consider it in the final project. The
members of the City Council were in agreement.
Council Member Lang commented on a letter received from Evelyn
Dravis. She asked if the City could do anything about the
Contractor who built Ms. Dravis' home. Mr. Tanner stated that the
Staff was taking a hard look at what was done when the house was
built. The Staff would respond to Ms. Dravis.
ADJOURNMENT:
With no further business to come before Council at this t me, a
motion was made by Council Member Lang, seconded by Counc 1 Member
Kelly to adjourn.
The meeting adjourned at 9:15 p.m.
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Kaylynn Holloway
City Secretary
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Mayor
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CITY COUNCIL WORKSHOP SESSION
MONDAY, AUGUST 24, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
*********************************
The City Council convened in workshop session at 10:30 p.m. in the
Municipal Building (3800 Unlversity Blvd.). on August 24, 1992, with
the following members present: Mayor Johnson, Presiding; Council
Members Bob Kelly, Jerry Nickell and Cullen Duke. Also present
were the City Manager~ Public Works Director, Deputy Director Public
Works, Finance Director, and City Secretary. Council Member Lang
was absent.
1. Discuss architectural study of the Public Works Center performed
by John F. Houchins, Architect.
City Manager, Mike Tanner, stated that the City had engaged Mr.
Houchins to do an architectural study of the Public Works center. It
was agreed upon, at that time, that a'comprehensive needs assessment
would be done and brought ba~k to the City Council for consideration.
Ed Menville, Public Works Director, stated that one major concern was
how the facility would' fit into the department as a whole. Mr.
Houchins recommended utilizing and redesigning the existing
structure so that it would become a facility for employees. This
would consist of restrooms and locker room facilities, lunch room
and a meeting room area.
Other improvements and additions presented for consideration were in
the garage and truck maintenance shop, additional storage for the
street and water departments, exterior of all existing buildings and
walk ways and a new public works building.
Mr. Menville stated that, from a public relations stand point, Mr.
Houchins recommended a plan to have an office building that would
accommodate the building and public works departments. Mr. Tanner
reminded the Council that with the employment of an urban forester,
the building division was very crowded. In the public works
department, with only one secretary, itis very difficult to handle
all of the work. By combining the building and the public works
department, there would be three secretaries to handle the work.
Mr. Menville stated that the only way the total proposal of additions
and improvements could be accomplished would be to acquire three
additional lots. The cost of the improvements would be significant
but could be phased in over a period of two or three years. Mr.
Tanner commented that the suggested improvements would improve
productivity and morale.
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Ci ty Council Workshop Session, August 24, 1992
2. Adjournment
With no further business to come before Cou~cil at this time,
a motion was made by Council Member Kelly, seconded by Council
Member Duke to adjourn.
The meeting adjourned at 11:00 p.m.
Kaylynn Holloway
City Secretary
~.Q~
Mayor
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CITY COUNCIL REGULAR SESSION
MONDAY, AUGUST 24, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:30 P.M.
*********************************
The City Council convened in regular session in the Municipal
Building (3800 University Blvd.), on August 24, 1992, with the
following members present: Mayor Johnson, Presiding; Council Members
Bob Kelly, Jerry Nickell, Janice Lang and Cullen Duke. Also
present were the City Manager, Public Works Director, Deputy Director
Public Works, Finance Director, City Attorney and City Secretary.
Mayor Johnson del ivered the invocation and Council Member Nickell
led the Pledge of Allegiance.
HEARING OF RESIDENTS:
Mayor Johnson invited residents who wished to address the City
Council to come forward as their names were called.
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James Cooper-Hill, 2732 W. Glen Haven, Captain and Public Affairs
Officer, Texas State Guard, came before the City Council to remind
and encourage the City to use his organization. The Texas State
Guard is available to provi'decrowdcontrol. police protection,
military escorts for funerals, ceremonial functions and may be called
in the event of a natural disaster.
Dorothy Rieger, a resident at 6516 Brompton, came before the
Council to request help in carrying groceries for the senior citizens.
ORDINANCE AUTHORIZING, BOND ISSUE:
Consideration was' given to matters related to the first and. final
reading of Ordinance No. 1444.
Cliff Youngblood of Vinson and Elkins, Jim Shaw and Larry
Catuzzi of Rauscher Pierce Refsnes, Inc. were present at the
meeting.
Mayor Johnson read a letter of agreement between the City of West
University Place and Rauscher Pierce Refnes, Inc. which confirmed
that the Financial Consultant's services should include financial
advisory services in connection ,with the issuance of the general
obligation bonds. The agreement did not include the City.s proposed
refunding bonds, series 1992, in the approximate aggregate principal
amount of $10,160,000.
City Council Regular Session, August 24, 1992
0004
Council Member Duke asked if the letter was necessary because
Rauscher Pierce was going to purchase the refunding bonds. Mayor
Johnson added that Rauscher Pierce was not going to act in both
capacities, as underwriter and financial advisors.
A motion was made by Council Member Kelly, seconded by Council
Member Nickell to supplement the engagement contract dated May 18,
1992, between the City of West University Place and Rauscher Pierce
in accordance with their letter dated August 24, 1992.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Nickell
Lang and Duke
None
None
Mayor Johnson read the caption of Ordinance No. 1444 as follows:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF WEST UNIVERSITY
PLACE, TEXAS, REFUNDING BONDS, SERIES 1992; AUTHORIZING THE
REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS;
AUTHORIZING THE ADVANCE REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS
AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE
SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES
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Copies of Ordinance No. 1444, in the form required for adoption, were
available to all members of the City Council.
A motion was made by Council Member Duke, seconded by Council Member
Lang to adopt Ordinance No. 1444 authorizing the issuance of the
refunding bonds, the redemption prior to maturity, certain
outstanding bonds, the advance refundings and execution and
delivery of an escrow agreement and declaring an emergency.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Nickell
Lang and Duke
None
None
Mr. Catuzzi presented the final numbers on the refunding and
restructuring of the bonds. He reviewed the financing which occurred
over the last sixty days. The restructuring portion of the
refinancing was suggested to eliminate some of the high debt service
payment years and flatten the debt such that the City would not have
a need for a significant tax rate increase through the next four or
five years. Mr. Catuzzi stated that, fortunately, the market had
remained strong and he had been able to complete the restructuring
refunding successfully. Mr. Catuzzi reported that the bonds were
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City Council Regular Session, August 24, 1992
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insured based on rating companies review and were being sold with
AAA rating, provided by M.B.LA. Insurance.
Mr. Catuzzi stated that the City Attorney had reviewed the bond
purchase agreement provided by the underwriters council. The
agreement would be signed that night on behalf of the underwriters.
The City Council recessed at 8:25 p.m. and reconvened at 9:00 p.m.
Council Member Lang left the meeting at 9:05 p.m.
ORDINANCE ADOPTING 1991 EDITION OF THE STANDARD BUILDING CODE:
Consideration was given to the first reading of Ordinance No. 1441.
Mayor Johnson read the caption of Ordinance No. 1441 as follows:
AN ORDINANCE RELATING TO BUILDINGS AND BUILDING REGULATION; AMENDING
THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS;
ADOPTING CERTAIN STANDARD CODES WITH AMENDMENTS; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
J
City Manager, Mike Tanner, stated that the proposed ordinance would
replace the 1988 edition of the Standard Building Code with the 1991
edition. Better material and methods required by the new edition
would improve the quality of construction. The code would eliminate
workmen compensation requirements for contractors, change sidewalk
construction requirements, extend the building permit length for new
construction from 6 months to. 12.months and require registered
engineers to inspect the foundations they design and repair.
Council Member Nickell expressed cQncern about not having a
requirement to put in sidewalks. Mr. Tanner stated that the
requi rement was speci fi ca lly recommended by the Buil di ng and
Standards Commission. He added that the argument could be made where
it would make it more'difficult to bring sidewalks ta each and every
block in the City.
Council Member Duke asked how "block" would be defined. The Building
Official, Ed Beasley, stated that the term was interpreted as
street to street. Jim Dougherty, City Attorney, recommended putting
in the term "block face II rather than "block" which means a row of
blocks touching one' street and would eliminate any doubt of th.e.
definition.
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Mr. Beas 1 eyadded that Chapter 19 of the Code of Ordi nanc.es allow.s
the City Council to order sidewalks on entire blocks. The City would
lay the sidewalks .out, avoiding damage to.thetrees, and the
homeowners ~ould build them.
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Mr. Tanner stated that one of the reasons the Staff did not oppose
changing the sidewalk requirements was because so many homeowners had
already been granted variances.
Council Member Nickell suggested that the Council embrace a more
active policy toward sidewalks because one of the biggest concerns
the City has is pedestrian traffic on the streets. He stated that he
would like to see the City endorse a sidewalk policy.
Mayor Johnson expressed concerns with the requirements regarding
fence heights and parallel fences.
A motion was made by Council Member Duke to adopt Ordinance No. 1441
and changing the term "blockll to IIblock facell.
Council Member Kelly asked who had put the Ordjnance together and
if it was recommended by the Building and Standards Commission. Mr.
. Beasley stated that the requirement concerning sidewalks was from
the BSC but the remainder of the Ordinance dealt with the adoption
of the 1991 Codes.
Mayor Johnson inquired if the Fire Chief had been consulted.
Council Member Kelly asked H the Staff recommended the changes.
Council Member Nickell stated that he would like more time to
review the Ordinance.
Due to the discrepancies found in Ordinance No. 1441, the City
Council concurred to table the Ordinance until a later date.
An amended motion was made by Council Member Kelly, and accepted by
Council Member Duke to table the first reading of Ordinance No. 1441.
Mayor Johnsoncalled.for a vote on the amended motion.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke
and Ni ckell
None
Council Member Lang
ORDINANCE ADOPTING 1991 EDITIONS OF THE STANDARD PLUMBING AND GAS
CODES:
Consideration was given to the first reading of Ordinance No. 1442.
Mr. Tanner reported that Ordinance ~o. 1442 replaced the 1988
Editions of the Standard Plumbing and Gas Codes with the 1991
Editions.
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Mayor Johnson read the Caption of Ordinance No. 1442 as follows:
AN ORDINANCE RELATING TO PLUMBING AND GAS REGULATION; AMENDING
THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS, ADOPTING CERTAIN STANDARD CODES WITH AMENDMENTS; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance No. 1442, in the form required for adoption, were
available to all members of the City Council.
A motion was made by Council Member Ni ckell, seconded by Council
Member Kelly to adopt 1991, Edition of the Standard Plumbing and Gas
Code as in Ofdinance No. 1442.
The motion was voted on with the following result:
Voting Aye:
Mayor Johnson, Council Members Kelly, Duke
and Ni ckell
None
Council Member Lang
Voti.ng Nay:
Absent:
ORDINANCE ADOPTING 1991 EDITION OF THE STANDARD FIRE CODE:
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Consideration was given to the first reading of Ordinance No. 1443
Mayor Johnson read the caption of Ordinance No. 1443 as foHows:
AN ORDINANCE ,RELATING. TO FIRE PREVENTION REGULATIONS; AMENDING THE
CODE OF ORDINANCES OF THE. CITY OF_WEST UNIVERSITY,PLACE, TEXAS;
ADOPTING,A REVISED STANDARD FIRE CODE WITH AMENDMENTS; AND CONTAINING
CERTAIN FINDINGS AND; PROVISIONS RELATING TO THE SUBJECT. "
Copies of ,Ordinance No,. 1443.. in the form required for adoption, were
avanable to all members of the City Counc,iL
A motion was made by Council Member Duke, seconded. by Councjl,Member
Nickell to adopt Ordinance No. 1443.
The motion was voted on with the following result:
Voting'Aye:
Voting Nay:
. Absent:
Mayor Johnson, Council Members Kelly, Duke
and Nickell
None
Council Member Lang
The City Attorney left the meeting at 9:35 p.m.-
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0008
BIDS FOR PLAYGROUND EQUIPMENT:
Consideration was given to the bids received August 10, 1992 for the
purchase and installation of playground equipment at Judson Park.
Jerry Burns, Deputy Director of Public Works, reported that the
lowest bidder withdrew his bid, and the second lowest bidder did not
meet specifications. Mr. Burns recommended the third lowest bid from
Peisenaire Park and Playground Equipment in the amount of $6,903.50.
A motion was made by Council Member Nickell, seconded by Council
Member Duke, toaccept the Staff1s recommendation to ~approve the low
bid of $6,903.50 from Peisenatre Park and Playground Equipment for
the playground equipment at Judson Park.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke
and Nickell
None
Council Member Lang
BIDS FOR WOODEN DECK:
Consideration was given to the bids received August 10, 1992 for a
1500 square foot wooden deck for Colonial Park.
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Mr. Burns ~ecommended that the Council accept the low alternate bid
of $7,275 from Kurtin-Keiser and Associates.
A motion was made by Council Member Kelly, seconded by Council
Member Nickell to accept the Staff's recommendation to approve the
alternate bid in the amount of $7,275 from Kurtin-Keiser and
Associates for the 1500 square foot wooden deck for Colonial Park.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke
and Nickell
None
Council Member Lang
FUEL STORAGE TANK REMEDIATION:
Consideration was given to the engagement of a consultant to complete
fuel storage tank remediation in the Public Works Center.
.Mr. Menville presented a proposal to complete fuel storage tank
remediation in the Public Works Center. He recommended the Council
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City Council Regular Session, August 24, 1992
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engage Coastal Environmental Services to bring the project to a
conclusion with a Texas Water Commission approved site closure.
Mr. Menville stated that Coastal Environmental Services would first
prepare a report, (Task 1), that needs to~be submitted to the T.W.C.
to bring forward a description of everything that has been done to
date. Task 2 would be an analysis.of the results of the monitor well
that was drilled next to the old',well. The fluids that would be
obtained from the monitor well had never been analyzed and put into a
proper report to be submitted to the T.W.C. Task 3 would be the
closure of the old well and Task 4 would be the final closure
report. Mr. Menville stated that, the City was looking at a one year:
span of time between.Task land Task 4 with an estimated cost of
$15,600.
The City Council asked the Public Works Director to provide a more
detailed cost breakdown at the next regular session.
A motion was made by Council Member Duke, seconded by Council Member
Kelly to authorize the staff to engage Coastal Environmental
Services to perform one quarter monitoring and reporting to the
T.W.C. that the City is obligated to perform this quarter and come
back with a draft contract.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Council Members Kelly, Duke and Nickell
Mayor. Johnson!!
Council Member Lang
Mayor Johnson expressed opposit~on to the proposal. because he felt
the report was inconclusive.
PURCHASE OF VEHICLE FOR POLICE DEPARTMENT:
Consideration was given to the purchase of. a vehicle (patrol car) for
the Police Department.
. .
The Police Chief, Steve Griffith, recommended tha't the vehicle be
purchased through the interlocal purchasing contract with the
Houston Galveston Area Council in the amount of $13,437.89.
A motion was made by Council Member Nickell, seconded by Council
Member Duke, to purchase the patrol vehicle at a cost of $13,437.89.
The motion was voted on with the following result:
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Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke
and Nickell
None
Council Member Lang
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City Council Regular Session, August 24, 1992
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CHANGE ,ORDER FOR PRIORITY AREA 4. PHASE,lSANITARY SEWER RENOVATION:
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Consideration was given to a change order that permits Whitelak,
Inc. to adjust a force main in the 6300 block of Mercer and improve
sanitary sewer services in the area.
Mr. Menville stated that the adjustment to the main would enable the
City to adjust,two sanitary sewer service lines which were.installed
with a reverse grade.
A motion was made by Council Member Duke, seconded by Council Member
Nickell to accept the Staff's recommendation and award the $7,200
change order to Whitelak as an emergency measure.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke
and Nickell
None'
Council Member Lang
CITY COUNCIL MEETING MINUTES:
Consideration was given to the following City Council meeting minutes:
(a) City Council Regular Session on July 13, 1992
(b) City Council Workshop Session on July 23. 1992
(c) City Council Workshop Session on July 27, 1992
(d) City Council Regular Session on July 27, 1992
(e) City CQuncil Regular Session on August 10, 1992
A motion was made by Council Member Duke, seconded by Council Member
Kelly to adopt the minutes as presented.
The motion was voted on with-the following result:
Voting.Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Member Kelly, Duke
and Nickell
None
'Council Member Lang
COUNCIL COMMENTS:
Mayor Johnson asked the members of the Council to give consideration
to the vacancy on the Zoning and Planning Commission.
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,City Council Regular Session, August 24, 1992
ADJOURNMENT:
A motion was made by Council Member Nickell. seconded by Council
Member Kelly, to adjourn the regular session.
The meeting adjourned at 10:25 p.m.
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Wfii t F. J n n v
Mayor
Kaylynn Holl oway
City Secretary
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CITY COVNCIL SPECIAL SESSION
TUESDAY, AUGUST 25, 1992
COMMUNITY CENTER, SR SERVICES WING
6104 AUDEN STREET
7:00 P.M.
*********************************
The City Council convened in special session in the Senior Services
Wing of the Community Center (6104 Auden Street), on August' 25,
1992, with the following members present: Mayor Johnson, Presiding;
Council Members Bob Kelly, Jerry Nickell and Janice Lang. Also
present were the City Manager, Public Works Director, Building
Official, Finance Director, Police Chief, Fire Chief, Personnel
Manager and City Secretary~
1. Consideration was given to the results of a compensation study
performed by the Waters Consulting Group.
Mike Tanner, City Manager, introduced Jeff Grady from Waters
Consulting Group. Mr. Grady,had made a formal presentation of the
results of the compensation study at a previous City Council meeting
and at that time the City Council had requested more time to review
the materi a 1.
Mr. Grady gave a brief overview of the' results. He stated that the
key to remember in the concept of building the pay system was the
concept of equity. Equity comes from two directions, internal and
external. Internal equity, essentially looks at the jobs as they
compare to other jobs inside the organization, regardless of what the
market pays. Job evaluation-focuses on this by trying to identify
the value of various jobs to the organization. External equity is
assessed by doing a survey of the market and gathering data from
other municipa'lities and organizat.ions that hire the same, and similar
jobs to get a sense of where the City: stands, in that market. Both
types of equity are then drawn together .in a, trend line. The trend
line represents the control point or the mid-point of the competitive
posture around which the structure is built.
, "
Mr. Grady state,d that West, University Place is on top of the
market. As a result of overlaying that structure, the City has nine
employees below the minimum and three above the maximum. The City
has an idea of where it stands in the market and has got a
competitive structure that can be adjusted: in future years to re,main
competi;tive. Waters Consulting Group gave, the City some
administrative guidelines and a software program to operate and
maintain the system as the City changes over time.
Council Member Kelly questioned the terminology used ,in ,the section
on summary of benefits Is a lary .practices. H.e ;di sagreed wi th the term
"competitive" being used to describe the City.s position on medical
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City Council Special Session, August 25, 1992
0014
and dental insurance. The term used should be IIleadll. Council
Member Kelly questioned the term IIlagll used to define the City's
retirement practice. He asked if the 'term IImarketll was meant to be
the entire market or the defined market. Mr. Grady stated that
when the benefits were compared to the benefits of the other 10 cities
who participated in the survey, that would be called a IIdefined
marketll. All of the numbers were comparisons from that IIdefined
marketll. Council Member Kelly stated that the City of West
University Place is at 13.7% for retirement and the defined market is
17.4% for retirement. Council Member Kelly felt this should be
classified as a IIslight lagll instead of a IIlagll. He agreed with the
term IIlagll',for automobile and auto allowance.
Council Member Kelly expressed concern about West University Place
being classified as being IIbehindll the defined market in benefits.
He stated that he put a lot of weight on medical, dental, retirement
and life insurance. Depending on what weight is put on importance,
, he felt that the City was better or equal to the defined market. Mr.
Grady stated that there are several ways at looking at the summary
of benefits and salary practices. In all of them, there is a degree
of subjectivity. One way is to look at each individual coverage or
practice and maybe make adjustments. The other way is to take all
of them into context and take into consideration, if, this affects
the decisions that are made on the salary side. Compared to the
marketplace as a whole, the benefits offered by the City of West
University Place are good. In regard to salary structure, Mr..
Grady stated that when the total of all of the salaries are
compared to the total of all the midpoints of the proposed structure
or trend line, the City's salaries are 98.57% of the total of the
midpoints. This number means the City is competitive.
Council Member Kelly commented that if ,just the salary program is
considered, then the salary program is very good. If West University
had a good benefit program and a good salary program, then the City
might lead the market in the total package.
Council Member Kelly stated that he observed that in the
departmental and above positions, the City of West University Place
compares favorably to University Park and Highland Park. In the
non-departmental jobs or lower level jobs, the difference is
significant. University Park and Highland Park are still at the top
and West University Place is in the middle. Mr. Tanner stated that
the City had actually gone to the market to hire some of the ne~
staff employees and had to pay competitive salaries. Council Member
Kelly agreed with Mr. Tanner but added that the same quality
employee that the City has at the top, there should also be quality
employees at the bottom. This would increase the services even
though the total cost would be more. The type of residents that are
moving into the City of West University Place want quality services.
Mayor Johnson felt that comparing the City of West University Place
with Highland Park and University Park was not a fair comparison.
The confluence of Dallas and Houston is significantly different. He
suggested that Southern Methodist University has great influence on
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City Council Special Session, August 25, 1992
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University Park. Mr. Grady stated that Waters Consulting Group,
out of curiosity, removed Highland Park and University Park from the
data, and the result was a 3% swing. The 98% number was raised to
about 101%. It was not a dramatic impact.
Mayor Johnson stated that he believed the employees starting salary
was entirely to low. He felt that an in depth look should be taken
to getting quality people and eliminating turnover. Mr. Grady
reported that with the Water's salary plan, the idea is to key the
starting salary off of the control point and make it a reasonable
amount below that, so that your not overpaying the starting ,salary.
But, in your guidelines, leave a degree of latitude so that the City
has some flexibility.
Mayor Johnson reported that to implement the plan would require
passage of an ordinance amending ,the present plan and setting up the
new salary and benefit plan. This should be done effective December
1, 1992. '
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Mr. Tanner asked the City Council if they were still committed to
IIpay for performanceu and if this was the direction the Staff should
proceed. He also recommended that if there were concerns on,any
issues, they should be resolved at that time. Mayor Johnson asked if
the Staff was qualified and in a position to:make a judgement on
performance without prejudice. ,Mr. Tanner stated that he believed
the Staff,could'make the plan work and this was consistent with the
phi losophy that the Ci ty Counci 1 has brought, whi ch was, no across the
board increases and to consider and promote continued high
performance.
Mayor Johnson asked Mr. Grady if be had generated the type of
reporting forms which would be' used for performance appraisals. Mr.
Grady stated that the City already had a performance appraisal
system in place that some departments were using and liked, but, for
other departments, it is not sufficient. Mr. Grady proposed to
take what is in existence and by using some of the features that
Waters Consulting, Group recommends, folding them together.
Council Member Nickell requested detailed job descriptions on the
Police Sargeant, Police Captain and Fire Captain. He believed
there was a problem within the ranks of the, Police Department
regarding parity between fire and, police. He also asked why the
number of cities factored into the survey were different for these
positions. Mr. Grady reported that the number of responses varied
for all jobs. Preliminary job descriptions are se,ntwith the surveys
so that actually duties are matched up, not job titles. Mr. Grady
commented that on~ of the most difficult areas to survey, in a city.
is the command structure in public safety. It is not uncommon for
other ,cities to use different titles or, to have combined duties.
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Council Member Duke arri.vedat8:00 p.m.
3
City Council Special Session, August 25, 1992
Council Member, Kelly requested that a representative of the Fire
and Police Department begi:venanopportun~ty to discuss with members
of theCity':Councilwhat theyfeel,is;the problem. Mr. T'anner
requested that the Council be cautious so that an environment is not
created where each and every segment or class feel they should come
forward or be represented. Mr. Grady stated that parity was not
unusual especially between the Fire Department and Police
Department. The problem was'usually solv,ed when the Fire Department
broke its structure into an entry level. firefighter and a second
level position. Council Member Nickell reported that the problem
was not with entry level positions but with senior officers who have
been on the job a lon'g time and have seen the spread widen.
Mayor Johnson stated that he did not feel there was anyway to compare
the responsibilities or duties of the Fire and Police Departments.
He'felt that there was not a job description that was comparable in
those departments. The deciSion needs:to be made ,based on what is
fair and equitable.
Council Member Kelly stated that he wanted to hear first hand from
the employees so that he could make his own decision as to whether
there really is a problem. He wanted to give the premise of an open
door policy. Council Member Nickell requested to be ,at the
meeting, also. He requested that the meeting would go through the
chain of command so that there was not any misrepresentation. Mayor
Johnson stated that the problem would not be solved and would still
exist. He commented that the meeting ,would be taking away from the
City Manager's responsibility and authority.
Mr. Tanner suggested that the Staff may wish to evaluate employees'
performance using the Waters Consulting Group plan but to not link it
to pay until the second half of 1993 or 1994. Then in 1994, when
everyone is comfortable and understands, go straight to true pay for
performance.
Council Member Duke recommended that the Council and Staff move ahead
with developing the performance evaluation system as soon as
possible, put it into place and work out any problems in the system.
Then, in setting the 1994 budget, the' link could be added. As far as
this year, take the Waters' pay plan or some variation of it and
match individual phrases of the plan during the 1993 budget process,
as opposed to across the board increases.
A 11 members of the Counci 1 concurred to proceed with the
recommendations from Waters Consulting Group.
2. Consideration was given to the results of a health insurance and
benefit study performed by Delbert Smith.
Delbert Smith reminded the Council that his services were retained to
review the City of West University Place's benefits, review the cost
levels that are tied to those benefits and then make recommendations
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City Council Special Session, August 25, 1992
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if any changes were needed. Also, to determine if a second phase was
required which would be going out for bid.
Mr. Smith stated that he had determined that the City would require
substantial changes in the health insurance benefits. Hecommented
that the immediate plan was too rich. Mr. Smith recommended the
following changes:
- Consider re-evaluation of self-insurance vs. insured contract.
Mr. Smith stated that the City had been self insured and he
suggested that the City look at going to a fully insured plan. West
University Place is a borderline size city. The City has not had a
lot of large claims just a great number of claims and a lot of
dollars. He added that if the City took the claims and the expenses
for this year, the City has spent approximately $5,900 per employee.
Mr. Smith commented that if no changes were made, he projected the
expense to the City would go to $7,000 for next year. Mr. Smith
stated that the City had not funded any reserves. If the City went
to a fully insured plan, claims would still be showing up over the
next two or three months. He added that the accountants should have
booked a deficit for that reserve. He recommended going out for bids
and then evaluating what the costs will be for the next year.
J
- Go to bid on insurance. and third party administrative services.
Mr. Smith stated that if the City stayed self-insured, then there
would be very little bidding because the City would only be bidding
reinsurance. For the City of West University Place, which happens to
be $134,000 this yearand"will,go up 25%~next year, tbe bids would be
in the $200,000 range. Administrative,services are in the $25,000
range. Presently, the City has a IIstop lossll of $20,000. Anything
over $20,000 the insurance company comes in, but, anything under
$20,000 is the City's responsi bil i ty.
- Develop a benefit pool in each employee's name equal to $300 the
first year.
Mr. Smith recommended a benefit pool to be used, any way the employee
desires or asa reward program.
, -
- Re-draft th~bookletcompletely~ 'Take: out ERISA provisions, add
exclusions, add new definitions and e.liminate,deductjble carry
forward.
- Take action on House Bill 2 - Serious Menta:l Illnes,s. , ,
Mr. Smith reported that this should have been done at the first of
the year.
D
- Bid EAP to include a managed ca,r,e gatekeeper arrangement.
Mr. Smith stated that if the City takes ,action on House'B.ill 2 then .
consideration should be given to :a managed care :arrangement, where an
employee would have to go through the EAP before they would be sent
on to another psychiatrist
- Develop rates on new medi ca 1 benefits i nc 1 udingdentaJ irates..
5
City Council Special Session, August.25, 1992
The City currently has one funding rate. Mr. Smith recommended
breaki ng those out to stand alone and have rates for each one of them. .
- Increase dependents contribution to at least $150.
Mr~ Smith,recommended tying the ,increase in dependent coverage to
making a salary only, payroll deduction, section 125 plan.
Currently; the employees are contributing $125 but they are paying
taxes on it. With the Section 125 plan, the deduction would be made
before taxes and would help offset the City's cost.
-Re-~valuate PPO option.
If the City decides to continue with the PPO option then, Mr. Smith
stated that he would recommend different percentages.
- Long-term disability plan.
Mr. Smith recommended the City pay for this as an employee benefit.
In order to implement the program, Mr. Smith recommended that the
Council agree on the benefit changes, he would write all the
specifications, put it out tabid and he would then bring
recommendations to Council for evaluation.
Mr. Smith stated that the City was looking at a substantial savings
in the six figure range and possibly the second and third digit of
the six figure range.
Mayor Johnson asked what time element was involved. Mr. Smith
recommended getting the benefits effective for November 1, 1992 and
then evaluate the costs versus the benefit.changes.
Council Member Duke commented that the bids would be in early enough
for the Finance Director to put in preliminary figures for the budget.
Mr. Tanner reported that another issue that existed since 1989
relates to insurance provided retirees. The Staff was recommending
that the City provide insurance to retirees on a controlled basis.
Mr. Tanner suggested that if an employee has 30 years of T.M.R.S., in
any city, and 10 years in West University. Place, then that employee
should be provided insurance uhtil the age of 65 or 15 years of
T.M.R.S. service (10 years of which must be in West University.Place)
and 60 years of age. If an employee has access to another insurance
policy, either through new employment or through spouses' employment,
then that employee would not be eligible for coverage through T.M.R.S.
Mayor Johnson expressed concern about an employee with a
pre-existing illness. Mr. Smith recommended that the City change
the pre-existing condition to read that anything that happened for
a year prior to employment with West University Place would have. a
dollar limit for the first few years.
Mr. Tanner stated that he felt Mr. Smith had brought the City a
winning proposal with the employees getting benefits that they have
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City Council Special Session, August 25, 1992
not had before. He requested the Council to formally authorize the
Staff to go to bid.
Council Member Nickell expressed concern about raising the
~eductible from $100 to $500. He asked if it would be possible to
phase in the increase over the next couple of years. Mr. Smith
reported that the $300 benefit pool would be more advantageous in
that the pool could be set up as an incentive program. If the $300
is not used the first year, then it would be there the next year.
Mr. Smith stated that he needed the Council's approval in order to
begin the bid process.
A motion was made by Council Member Lang, seconded by Council
Member Nickell to proceed with the benefit package as recommended
by Delbert Smith.
The motion was voted on with the following result: .
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Lang, Nickell,
Kelly and Duke
None
None
With no further business to come before Council at this time, a
motion was made by Council Member Nickell, seconded by Council
Member Lang to adjourn.
The meeting adjourned at 9:05 p.m.
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Mayor
Kaylynn Holloway
Ci ty Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, SEPTEMBER 14, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:.30 P .M.-
*********************************
The City Council convened in regular session in the Municipal
Building (3800 University Blvd.'), on September 14, 1992, with the
following members present: Mayor Johnson, Presiding; Council Members
Bob Kelly and Cullen Duke. Also present were the City Manager,
Public Works Director, Finance Director, Fire Chief, Building
Official, City Attorney and City Secretary. Mayor Johnson delivered
the invocation and Council Member Duke led the Pledge of Allegiance.
Council Members Lang and Nickell were absent.
HEARING OF RESIDENTS:
Mayor Johnson invited residents who wished to address the City
Council to come forward as their names were called.
, .
Pam Cocavessis, 5204 Pocahontas, Bellaire, Texas, reminded the
Council that in June of 1992 she had presented a planning document
concerning the Liberty Hill Park area and had asked that the Council
see how the plans fit in with the City's strategic planning
initiative. She was requesting a response on the work that was done
by the Citizens for Responsible Improvement of the Liberty Hill Park
area. Mayor Johnson informed Ms. Cocavessis that he had referred
the plan to the City Managerand that she should contact him.
,ORDINANCE ADOPTING 1991 EDITION OF THE STANDARD BUILDING CODE:
Consideration was given to the first reading of Ordinance No. 1441.
Mayor Johnson read the caption of Ordinance No. 1441 as follows:
AN ORDINANCE RELATING TO BUILDINGS AND BUILDING REGULATION; AMENDING
THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS;
ADOPTING CERTAIN STANDARD CODES WITH AMENDMENTS; AND CONTAINING
FINDINGS AND PROVISIONS RELATING,TO THE SUBJECT.
11
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Mike Tanner, City Manager, reminded the Council that at the last City
Council regular session there were two problems which. were brought to
the Staff's attention concerning Ordinance No. 1441. The first
problem was related to sidewa,lk construction requirements and the
second related to fences. Mr. Tanner presented a diagram that
illustrated the problem specific residents were having. One .
homeowner could build a fence in approximately the same location that
the adjacent homeowner coul d not. '. The owner o.fa house, that ,has a
side setback of 6 or less feet may build a fence with a height of 8
City Council Regular Session, September 14, 1992
feet to the property line if the adjacent house has a side setback
that exceeds 6 feet.
Sidewalk construction on the block face would not be required if the
block face did not have sidewalks before. Such block faces are
limited in number, usually served by a substandard street, open
ditched if there is real drainage and often wooded.
Mr. Tanner stated that all of the changes in the Ordinance were joint
recommendations from both the Building and Standards Commission and
the City Staff. .
Council Member Duke asked, if ona block face, the proposed changes
do not automatically require a resident to put in sidewalks, can the
City still require a resident to do so. Mr. Tanner stated that the
City Council could demand sidewalk construction anywhere in the City
at anytime.
Ed Beasley, Building Official, reported that a standard measurement
to construct a fence would be from the lot with the lowest grade.
Council Member Duke asked if the City was doing anything to encourage
handicap ramps or if it was left up to the individuals. Mr. Tanner
stated that the policy of the City is that the sidewalks belong to
the homeowners. The City does not assume responsibility or liability
forsidewalks~ Mr. Tanner suggested that the Council could look at
handicap ramp requirements in the future. Council Member Duke
suggested referring it to the Building and Standards Commission.
Copies of Ordinance No..1441, in the form required for adoption, were
available to all members of the City Council.
A motion was made by Council Member Duke, seconded by Council Member
Kelly to adopt Ordinance No. 14410n the first reading.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, and Duke
None
Council Members Lang and Nickell
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ORDINANCE ADOPTING 1991 EDIT~.bNS OF. THE STANDARD PLUMBING AND GAS
CODES: /
Consideration was given to the''Sec9nd_ reading of Ordinance No. 1442.
Mayor Johnson read the Caption of Ordinance No. 1442 as follows:
AN ORDINANCE RELATING TO PLUMBING AND GAS REGULATION; AMENDING THE
CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,
ADOPTING CERTAIN STANDARD CODES WITH AMENDMENTS; AND CONTAINING
FINDINGS AND PROVISIONS RElATING TO THE SUBJECT.
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Council Member Kelly questioned the restriction of the use of
copper tubing in a yard surface line. Mr. Beasley stated that
PVC pipe could be used for the water line but the gas line needed
to be steel.
Copies of Ordinance No. 1442, in the form required for adoption, were
available to all members of the City Council.
A motion was made by Council Member Duke, seconded by Council Member
Kelly to adopt Ordinance No. 1442 on the second reading..
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Duke
None
Council Members Lang and Nickell
ORDINANCE ADOPTING 1991 EDITION OF THE STANDARD FIRE CODE:
Consideration was given to the second reading of Ordinance No. 1443.
Mayor Johnson read the caption of Ordinance No.. 1443 as follows:
AN ORDINANCE RELATING TO FIRE PREVENTION REGULATIONS; AMENDING THE
CODE OF :ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS;
ADOPTING A REVISED STANDARD FIRE CODE WITH AMENDMENTS; AND CONTAINING
CERTAIN FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance No. 1443, in the form required for adoption, were
available to all members of the City Council.
A motion was made by Council Member Kelly, seconded by Council
Member Duke to adopt Ordinanc~ No. 1443 on the second reading.
The motion was voted on with the following result:.
Voting Aye:
Voting Nay:
Absent:
Mayor:Johnson, CounciJ Members Kelly and Duke
None
Council Members Lang and Nickell
ORDINANCE ESTABLISHING COMPREHENSIVE FEE SCHEDULE:
1
Consideration was given to the first reading of Ordinance No. 1445.
Mayor Johnson expressed concern about the fee schedule and requ~sted
further consideration of the Ordinance. He stated that the fee
schedule was very comprehensive and inconclusive.
Mr. Tanner recommended that Ordinance No. 1445 be ta.bled until a
later date. He suggested that he could establish specific fees on an
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City Council Regular Session, September 14, 1992
out-of-pocket basis until the Staff could conduct a full
comprehensive review. He also suggested that the Council adopt a.
motion which would support the proposed fees.
Council Member Duke agreed with the recommendation to table Ordinance
No. 1445 and requested a copy of the existing fee schedule for
comparison. Mr. Tanner stated that the only changes were the tree
removal permit, ZBA application fee, alarm system fees and liquor
licenses land permits. Additions to the existing schedule were the
low impact evaluation fee and the tree survey and disposition review.
A motion was made by Council Member Kelly, seconded by Council
Member Duke to authorize the City Manager to increase the fees on an
interim basis.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Duke
None
Council Members Lang and Nickell
RESOLUTION APPOINTING MEMBER TO ZONING AND PLANNING COMMISSION:
Consideration was given to Resolution No. 92-12 appointing a member
to the Zoning and Planning Commission (a vacancy created by the
resignation of Christie Wise).
Council Member Duke asked what progress was being made to schedule
interviews for the vacancies on the boards and,commissions. Mayor
Johnson stated that the City Secretary was sending out applications
to interested individuals.
Council Member Duke suggested that the Council consider some of the
members of the Strategic Action Committee to fill some of the
vacancies. He stated that these individuals had already exhibited a
willingness to serve the City' and were people who the Council had
already picked through one interview process and had something to
offer the City.
A motion was made by Council Member Kelly, seconded by Council
Member Duke to nominate Mr. Gerald Pels to the Zoning and Planning
Commission and that his name be added to Resolution No. 92-12.
The motion was voted on with the following result:
. Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Duke
None
Council Members Lang and Nickell
Mayor Johnson read Resolution No. 92-12 as follows:
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RESOLUTIO~ NUMBER 92-12
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 Ci ty Counci 1, by .
Resolution 91-13, adopted on August 26, 1991, appointed qualified
citizens to serve on the Zoning and Planning Commission for the City
of West University Place, Texas; and
WHEREAS, the resignation of one of the committee members has
created a vacancy on the committee; and
WHEREAS, the Chairman of the Zoning and Planning Commission has
recommended that the following person be appointed to fill the
vacancy on the Zoning and Planning Commission; and
WHEREAS, a certain person has indicated a desire and willingness
to serve as a member of the committee.
D
J
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That the following person be appointed to serve as a
member of the Zoning and Planning Commission:
Gerald Pels
Section 2. That the person hereby appointed shall serve on the
Zoning and Planning Commission without compensation.
Section 3. That the person hereby appointed shall serve until
the next regular city election of the City Council and thereafter
until the appointment and qualification of his successor.
Section 4. All resolutions and part$ of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
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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
re~ainderof this resolution and the application of such word,
phrase, clause, sentence, paragraph, section or other part of this
resolution to any otl1er persons or circul)1stances shall not be
affected thereby.
Section 6. The City Council officially finds, determines and
declares that a sufficient writt~n notice of the date, hour, place
and subject of each meeting at which this resolution was discussed,
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City Council Regular Session, September 14, 1992
00.26
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 the
1992. .
day of
Voting Aye:
Voting No:
Absent:
Signed:
Whi tt. F. . Johnson
Mayor
ATTEST:
Kaylynn Holloway
Ci ty Secretary
(SEAL)
The City Attorney left the meeting at 8:20 p.m.
CHARLOTTE/LAKE AREA RECONSTRUCTION:
Consideration was given to the engagement of a consulting urban
forester, tree preservation through design and slip lining a sanitary
sewer main tnatis located in a prescriptive easement.
Ed Menville, Director of Public Works, stated that he had obtained
proposals. from Davey Tree and Lawn 'Beauty and Foster's Tree
Service to provide services in conjunction with redevelopment of the
Charlotte/Lake area. The proposals consisted of a cost to survey all
trees in the subject area to determine the appropriate action to
protect them before, during and after construction. The proposal
included a cost to develop the necessary specifications to be
inserted into the specifications'developed by Langford Engineering
which described the procedures to be followed by the construction
contractor and also a cost to provide for trimming, feeding and pest
control of trees in the project area, as well as the removal of trees
as might be necessitated by construction. This cost would also
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provide for periodi~monitoring of the contractor's root cutting
during tt:te constructi.on period.
Mr. Menville stated that Davey Tree and Lawn Beauty costs were not
complete. They did not include costs for pruning or removal of trees
in the project area. Foster's Tree Service had already prepared
the tree survey and necessary specifications at no cost to the City.
Mr. Menvill e recommended that the Counci 1 engage Foster I s Tree
Service to act as consulting urban forester during the Charlotte/Lake
project for the fee of $17,000.
Dieter Ufer, consulting engineer from Langford Engineering, Inc.,
submitted an estimate of $100 per tree for the cost of pruning the
roots Of the trees in the Charlotte/Lake area.
A motion was made by Council ,Member Duke, seconded by Council Member
Kelly to engage Fosterls Tree Service for ,the quoted fee of
$17,000 to provide the tree protection services during the
construction of the Charlotte/Lake area project.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Duke
,None '., '
Council ,Members Lang and Ni cke11
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Mr. Menville explained that with any new street design process,
drainage and the relationship between the top of the curb and the
natural ground property line must be considered along with driveway
approaches. He stateQ that the City wanted to ensure that the
driveways were not so steep that residents would drag their car
bumper when driving in and out. The City also needs to set the top
of the curb elevation to drain-so that it is below natural ground at
the property 1 i ne. In tryi ng to balance all of the va ri abl es ,
consideration must be given to wher~ the top of the curb falls in
relationship to the roots of,thetrees.-Mr'. Menvillestated that the
City's street, design tries to minimize the affect on the trees and
yet still provide good drainage and good ~ccess in the driveway.
Mr. Menville informed the Council that during construction, the cJjrb
would be adjusted so that the fill over the roots would be minimum.
Mayor Johnson sl;Jggested that;the City Manager inform the residents in
the Charlotte/Lake area and advise them in advance of their options
during the construction of the street.
Council Member Duke stated that the City Staff could not communicate
too many times.to the people in the affected area exactly what is
going to happen so as to make it clear the extent to which the City
is going to protect the trees.
Mr. Menvil]e stated that part" of the project requires the replacement
of sanitary sewer lines. The sewer lines that serve the homes that
front Kirby and also Lake Street and run essentially between Tangley
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City Council Regular Session, September 14, 1992
and Amherst' exist in a prescriptive easement not in the dedicated
easement. The line has deteriorated and the Staff recommended slip
lining the sewer line in that area.
COMPREHENSIVE CAPITAL IMPROVEMENT PLAN:
Consideration was given to a proposal submitted by Langford
Engineering to develop a comprehensive capital improvement plan.
Mr. Tarinerstated that the proposal would consist of two parts. The
firstpart'involves development of a master pl~n for street and storm
sewer. Part two consists of updating several previously submitted
master plans for water and wastewater. The comprehensive plan would
consist of one bound document and would bring together the results of
the individual plans. The fee for the' scope of services would be a
lump sum of $100,000.
The Staff recommended that the proposal as submitted be approved and
that the Mayor be authorized to execute the 'contract.
Council Member Kelly asked if the plan would be a comprehensive
capital improvement plan that would ultimately give priority upon
which the work should be done in the City.' Mr. Tanner stated that
the plan would divide the City into logical capital improvement
segments with priority needs identified within each segment.
Mayor Johnson suggested encouraging the Strategic Action Committee
members to review the capital improvement plan and allow them to work
with the City's Staff. Mr. Tanner stated that the plan was actually
an engineering study.
Council Member Duke stated that the citizens could possibly help with
the prioritization of service in the City.
Amotion was made by Council Member Kelly, seconded by Council
Member Duke to accept the Staff'srecommendation to engage Langford
Engineering" Inc~ to begin the comprehensive capital improvement plan.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Duke
None
Council Members Lang and Nickell
PAYMENT OF LEGAL FEES:
Consideration was given to the payment of $6,292.29 to the City
Attorney for legal services provided during the month of August.
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City Council Regular Session, September 14, 1992
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A motion was made by Council Member Duke, seconded by Council Member
Kelly to approve for payment $6 ,292.29 in 1 ega 1 fees with the
understanding that the specified amount is to be reimQursed by
H.I.S.D. '
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Duke
None
Council Members Lang and Nickell
PAYMENT FOR GROUND STORAGE TANK CONSTRUCTION:
Consideration was given to the payment of Estimate No. 9 in the
amount of $16,163.10 to Nunn Constructors for work performed (July 14
through August 10, 1992) in construction of 2 ground storage tanks at
the Wakeforest Water Plant.
Mr. Menville stated that the work performed to date was approximately
98.42% complete. The remaining work to be done is disinfection of
the tank and general site cleanup.
J
A motion was made by Council Member Duke, seconded by Council Member
Kelly to approve payment of Estimate No.9 in the amount of
$16,163.10 to Nunn Constructors.
The motion .was,.voted on. with the following result:
Voting Aye:
Voting Nay:
Absent: .
Mayor Johnson, Council Members Kelly and Duke
None
Council Members Lang and. Nickell
PAYMENT FOR ENBINEERING SERVICES:
Consideration was given to the payment of the following invoices to
Langford Engineering for the total amount of $64,702.28:
(a) Invoice No. 6920 in the amount of $7,069.42 for Priority
Area 4, Phase 1 Sanitary Sewer Renovation.
(b) Invoice No. 6921 in the amount of $11,457.14 for, design and
construction of 2 ground storage tanks.
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(c) Invoice No. 6922 in the amount of $46,175.72 for the design
of sanitary sewer, street and drainage improvements in the
Charlotte/Lake area.
Mayor Johnson stated that he was very disappointed that he was not
informed that the City Engineer had inspected Edloe before the
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City Council Regular Session, September 14, ,1992
asphalt overlay was applied and he felt there was some work that
should have been done. Mr. Menville stated that he did make the
inspection prior to the overlay being done and was satisfied with the
work.
A motion was made by Council Member Duke, seconded by Council Member
Kelly to approve payment of invoice no.ls 6920,6921 and 6922 for
engineering fees in the amount of $64,702.28
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Duke
None
Council Members Lang and Nickell
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the following City Council
meetings:
(a).. City Council Regular Session on August 24, 1992
(b) City Council Workshop Session on August 24, 1992
(c) City Council Special Session on August 25, 1992
Council Member Duke had a correction in the minutes of the regular
session and Council Member Kelly had a correction in the minutes of
the special session.
A motion was made by Council Member Kelly, seconded by Council
Member Duke to approve the minutes of August 24 and August 25 with
the amendments as stated.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Duke
None
Council Members Lang and Nickell
COUNCIL COMMENTS:
Mayor Johnson commented on the letter written by Carol Burke,
Chairman of the Parks and Recreation Board, concerning Milton Street
Park. Council Member Duke stated that the plants and shrubs were
planted according to the specifications. . Mr. Tanner reported that he
was going to meet with Charles Tapley and Ms. Burke at the Milton
Street Park.
Mayor Johnson commented that he felt the park was over-planted. He
stated that, unfortunately, in the America Beautiful Grant, the City
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City Council Regular Session, September 14, 1992
0031_
does not get credit for any of the trees because they did not comply
with the grant. Mr. Tanner stated that the trees did not meet
America the Beautiful standards because they are too close to each
other and too close to utilities. The Staff is doing everything
possible to qualify the trees.
Council Member Duke asked when the next staff report was going to be
prepared. He commented that the discussion of the capital
improvement projects was very useful and informative.
ADJOURNMENT:
With no further business to come before Council at this time, a
motion was made by Council Member Duke, seconded by Council Member
Kelly to adjourn.
The meeting adjourned at 9:25 p.m.
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Kaylynn Holl oway
City Secretary
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Mayor
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CITY COUNCIL REGULAR SESSION
MONDAY, SEPTEMBER 28, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:30 P.M.
*********************************
The City Council convened in regular session in the Municipal
Building (3800 University Blvd.), on September 28, 1992, with the
following members present: Mayor Johnson, Presiding; Councilmembers
Bob Kelly and Cullen Duke. Also present were the City Manager,
Public Works Director, Deputy Director Public Works, Building
Official, City Attorney, Recreation Manager and City Secretary.
Mayor Johnson delivered the invocation and Council Member Kelly led
the Pledge of Allegiance. Council Member Nickell was absent.
RECOGNITION OF OUTSTANDING WEST UNIVERSITY PLACE CITIZEN FOR 1992:
o
Joyce Johnston, President of the BellairejSouthwest Chamber of
Commerce made a presentation to recognize John Neighbors as
Outstanding West University Place Citizen for 1992.
Ms. Johnston stated that the BellairejSouthwest Chamber of Commerce
wanted to recognize people who have given, beyond the call of duty,
to the City, and to their communjty., , The first annual West University
Place Citizen of the Year Award was presented to John Neighbors. Mr.
Neighbors was Mayor of West Uni~ersity, Place in 1970.
, ~ . ! .
Mr. Charles Underwood, former Council Member who served under Mr.
Neighbors~ was present at the meeting to express his congratulations
to him.
HEARING OF RESIDENTS:
Mayor Johnson invited residents who wished to address the City
Council to come forward as their names were called.
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Doug Dawson, a res i dent at ,4152, Case, I expressed oppos it.io,n to the
new chain link fence at the Colonial Park swimming pool. He stated
that he had collected approximately ninety names of residents who
also opposed the fence. They asked that the fence be removed or
moved back so that more of the, park space could be used.
Mayor Johnson asked if Mr. Dawson was speaking for the other ninety
residents who had signed the petition. Mr. Dawson stated that he
had not formally asked the other residents to attend the City Council
meeting to express their opinions.
City Council Regular Session, September 28, 1992
Council Member Duke stated that he had opposed the fence from the
first time it was presented to the Council. He suggested that Mr.
Dawson should start with the Parks and Recreation Board~because the
Board is responsible for getting .the input from citizens on parks
issues. .
Council Member Kelly suggested that Mr. Dawson get a small group of
residents together to determine what the consensus is of the group
and then meet with the Council and Parks Board.
OATH OF OFFICE:
Mayor Johnson administered the Oath of Office to Gerald Pels. Mr.
Pels was appointed to the Zoning and Planning Commission at the
September 14, 1992 regular City Council meeting.
ORDINANCE ADOPTING 1991 EDITION OF THE STANDARD BUILDIN~CODE:
Consideration was given to the second and final reading of.Ordinance
No. 1441. .
Mayor Johnson read the caption. of Ordinance No. 1441 as follows:
AN ORDINANCE RELATING TO BUILDINGS AND BUILDING REGULATION; AMENDING
THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS;
ADOPTING CERTAIN STANDARD CODES WITH AMENDMENTS; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
Mike Tanner, City Manager reviewed the changes with the members of
the Council. Mr. Tanner stated that all of the changes in the
Ordinance were joint recommendations from both the Building and
Standards Commission and the City Staff.
Copies of Ordinance No. 1441, in the form required for adoption, were
available to all members of the City Council.
A motion was made by Council Member Kelly, seconded by Council.
Member Duke to adopt Ordinance No. 1441 related to building and
building regulations on the second and f.inal reading.
The motion was voted on with the following result:
Voting Aye:
Voti ng Nay:
Absent:
Mayor Johnson, Council Members Kelly ,and Duke
None
Council Members Larig and Nickell
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RESOLUTION THAT APPROVES THE CERTIFIED TAX ROLL. ASSESSOR-COLLECTOR
CERTIFICATE AND RELATED INFORMATION:
Consideration was given to Resolution No. 92-13 (A Resolution
Acknowledging Receipt o.f Appraisal Roll, Assessor-Collector's
Certificate and related information; Designating a Person to
Calculate Certain Tax Rates, Make Certain Publications 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).
Mayor.Johnson read Resolution No. 92-13 as follows:
RESOLUTION ACKNOWLEDGING RECEIPT OF APPRAISAL ROLL,
ASSESSOR-COLLECTOR'S CERTIFICATE AND RELATED INFORMATION;
DESIGNATING A PERSON TO CALCULATE CERTAIN TAX RATES; MAKE
CERTAIN PUBLICATIONS 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.
WHEREAS, on August 27, 1992, the governing body of the City of
West University Place (the IITaxingUnitll) 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 levy ad valorem taxes; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:.
Section-1., The matters described in the preamble of this
resoluton are found and determined to be true and correct and are
adopted, ratified andconformed~
Section 2. The City Council of the City of West University
Place hereby designates the following person(s) to take the action
described below:
Christopher D. Taylor
Tax Assessor-Collector
o
Patricia Koo ,
Deputy Tax Assessor-Conector, wi th full authority to act
in the absence of the Tax Assessor-Coll~ctor or in the case
. the Tax Assessor-Collector fails to take such action within
-. a reasonabl e time.:
Section 3. The City Council of the City of West University
Place hereby authorizes and' directs the above-namedperson(s)- to take
the following actions:
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City Council Regular Session, September 28, 1992
(a)
Calculate the effective tax rate and the rollback tax rate
under the Texas Property Tax Gode.
(b) Submit such rates to the City Council.
(c) Publish such rates, as well,as ,the additional information
required by the Texas Property Tax Code, in toe form and
manner required by such Code, at the earlies,t practicable
time.
(d) Make arrangements for the subject of taxes to be included
on the agenda for the next practicable meeting of the City
Counc il foll owi ng the pub 1 i cati on of such i nformati 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 by the Taxing Unit. . .
Section 4. (a) All 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 $343,218.00 out of the surplus or unencumbered funds
(to be shown on Schedule A) to pay debt service.
Section 5. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflicts 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 beheld to be invalid.or
unconstitutional by any court of competent jurisdiction, the
remainder of this resolution and the application of such word,
phrase, claus~, sentence, paragraph, section or other part of this
resolution to any other persons or circumstances shall not be
affected thereby.
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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, or other governing law, 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 governing body ratifies,
approves and confirms such notices and the contents and posting
thereof.
Section 8. This resolution shall take effect immediately upon
its adoption and signature.
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City Council Regular Session, September 28, 1992
003f7
Chris Taylor, Finance and Administration Director, reviewed the 1992
Certified Tax Roll with members of the Council. The certified
taxable value for 1992 is $1,237,575,960 as compared to
$1,216,225,710 in1991~ This represents an increase of'$21,350,250
or 1.8%.
Mayor Johnson asked Mr. Taylor to explain the transfer of $343,218.00
out of the surplus or unencumbered funds to pay debt service. Mr.
Taylor stated that the money was the'transfer from the water and
sewer fund for its portion of the debt service.
Mayor Johnson asked Mr. Taylor if there was a chance that the City
would recover $5,472,139 in protests of taxable values. Mr~ Taylor
stated that the City would probably recover somewhere between $18 to
$20mi lli'on dollars.
A motion was made by Council Member Duke, seconded by Council Member
Kelly to adopt Resolution 92-13.'
The motion was voted on with the following result:
Voti ng Aye: .
Voting Nay:
Absent:
Mayor Johnson, Counti 1 Members Kelly and Duke
None
CouncilMembers'Lang and' Nickell
The City Attorney left-the meeting at8: 10 p.m. .
Council Member Lang arrived at 8:10 p.m.
BID OPENING FOR THE PURCHASE AND INSTALLATION OF TREES AT THE CITY
LANDFILL: '
Consideration was given to bids for the purchase and installation of
117 trees at the City Landfill according 'to theT.W.C. approved
clbsureplan.
The following bids were received:
Bidders
Bid Amount
D
Westco Grounds Mgmt.
Gro-tech
Speer Industries
Southern Pride Lawns
Bio Energy Landscape
Pampered Lawns
Memorable Landscapes
Houston Landscapes Unlimited
Gulf Coast Landscape Services
C.H.C. & Sons Lawn Systems
$10,675.00'
$ 7,496.00
$20,345.00
$10,412.95
$ 9,72LOO
$ 8,683.27
-$.8,900.00
$11,675.00
$14,860.00
$13 ,211.20,
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City Council Regular Session, September 28, 1992
Roql!emore's Soil Center
Evergreen Services
HouScape Grounds Mtce.
Carnahan'sLandscapes
$12,407.00
$10 ,296 .00
$14,060.00
$20,643.38
Landscape Professionals of Texas' bid was received after the bid
deadline and will be returned upopened. ': ,
A moti on was made by CouncilM,ember Lang, seconded by Counci.l Member
Duke to refer the bids to Staff for a recommenda.tion at the next
regular session.
The motion was voted on with the following result:
Voting Aye:
Mayor Johnson, Council Members Kelly, Duke and
Lang
None
Council Member Nickell
Voting Nay:
Absent:
Council Member Duke asked about the progress on the negotiations
associated with the golf course. on Ru,ffino Road. Mr. Tanner stated
that Chuck Bursen had presented an unacceptable. lengthy contract to
the City. The City Attorney has been directed to prepare another
contract. The City wants a simple agreement that will require the
landfill to be developed as a complete nine hole golf course. Mr.
Tanner stated that the City would not accept the extended term that
Mr. Bursen was interested in. The City would demand a buy-out
provision with a full depreciation schedule.
BIDS TO REPLASTER COLONIAL PARK SWIMMING POOL:
Consideration was given to a bid received to replaster the Colonial
Park Swimming Pool that was received and opened September 24, 1992.
The City received only one bid to replaster the Colonial ,Park
Swimming Pool which was submitted by Watts Pool Company in the amount
of $64,185. The bid exceeded the amount budgeted by $40,785.
Mayor Johnson asked who and on what basis did someone only budget
$25,000 in 1992. Mr. Tanner stated. that previous Staff members had
recommended the budgeted amount. They based the amount on
estimations given to them by other pool contractors.
Mr. Tanner stated that the replastering of the pool needed to be done
immediately. The Staff recommended that the Council accept the bid
and approve a budget amendment.
A motion was made by Council Member Duke, seconded by Council Member
Lang to authorize the 'engagement of Watts Pool Company for the
submitted bid amount and add alternates in the amount of $64,185 and
funds be transfered from the general fund.
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The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke and
Lang
None
Council Member Nickell
ENGAGEMENT OF CONSULTANT. TO AUDIT THE WATER DISTRIBUTION SYSTEM AND
CONDUCT A WATER UTILITY RATE STUDY:
w
Consideration was given to the engagement of JBS Associates to audit
the water di stributi on system and a. water uti 1 ity rate study .
Mr. Tanner stated that the City loses approximately 152,000,000
gallons of water a year. The loss of this .water represents a
$153,000 loss in revenue. The purchase of treated water from the
City of Houston will increase the loss in revenue $70,000 to $223,000.
Mr. Tanner st~ted that JBS Associates could complete the audit and
rate study wi thin 30 to 45 days. The resul ts of the audi tand rate
study could be incorporated in the 1993 annual budget. .
Frank Dannenbaum,Vice President of JBS Associates was available at
the meeting to answer questions.
Council Member Duke asked Mr. Dannenbaum if he would first determine
the amount of loss as part of the project and then.estimate how much
is billable andnonbillable.
Council Member Kelly asked where the water was going and if the City
knew how much was actually pumped into the system.
Mr. Dannenbaum stated that a night flow study would be done to
determine the off peak hour demand. He estimated 70% of the loss to
be nonbillable. The part which was billable, was a loss that costs
the City at the retail water and wastewater rate. Part of the
purpose of the study was to get an estimate of the leakage potential.
Council Member Duke, asked if the 21% loss rate was. historically
constant for this City. Mr. Tanner'statedthat with an older City,
with older infrastructure, the water loss woUld be significant.
UJ
The Staff recommended the proposal be accepted and JBS Associates
engaged at a cost of $22,OOOJ
A moti on was made by Council Member Lang, seconded by Council Member
Kelly to engage JBS Associates to audit the water distribution system
and conduct a uti 1 i ty rate study.,
T'he motion was voted on with the following result:
Voting Aye:
Mayor Johnson, Council Members Kelly, Duke and
7
City Council Regular Session, September 28, 1992
Voting Nay:
Absent:
Lang
None
Council Member Nickell
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CREATION OF PARKS AND RECREATION DEPARTMENT:
Consideration was given to the creation of a Parks and Recreation
Department.'
Mr. Tanner stated that he had reviewed the position of Recreation
Manager and organization needs. He .recommended the creation of a
Parks and Recreation Department and the position of Parks and
Recreation Director be created to guide it. Mr. Tanner asked that
the responsibility for the Parks Division and the Recreation Division
be transferred from the Public Works Director and the Finance and
Admini~tr~tion Director to the Parks and Recreation Director.
Mr. Tanner recommended that the Assistant Recreation Manager be
promoted to Recreation Manager and his former position abolished. He
also suggested that the Senior Services Division be transferred from
the Finance and Administration Department to the Parks and Recreation
Department.
Mr. Tanner stated that a Parks and Recreation Department could be
established December 1, 1992 without an immediate cost increase or
budget amendment. The demand for parks and recreation activities bas
increased every year. He stated that $1,105,650.00 would be spent by
the City during 1992 for recreational activities.
The Staff believes that the centralization (the creation of a Parks
and Recreation Department) and the employment of an experienced
professional would eliminate existing problems and improve the
primary performance of Staff officers.
Mr~ Tanner recommended that a Parks and Recreation Department be
created, effective December 1, 1992 and the search for its first
Director be authorized.
Council Member Lang stated that she wanted continued support for the
Senior Services Division.
Mayor Johnson stated that he would like more time to consider the
creation' of the Parks and Recreation Department. He suggested that
this item be put on the agenda for the October 12 regular session.
PAYMENT FOR COLONIAL PARK DECK CONSTRUCTION:
Consideration was given to the payment of $8,532.50 to Kurtin-Keiser
and Associates for the construction of a wooden deck at the Southwest
corner of Colohial Park.
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City Council Regular Session, September 28, 1992
9041
Ed Menville, Director of Public Works, stated that the original deck
was bid at $7,275 as per plans and specifications. Once the ~eck was
ins ta'l ed, anumb~rofchanges w~re needed due to theac:tlJ~l site
specifics. The construction of two benches around the two large oak
trees were needed in order to protect the rooting system of the trees
and to protect the public from falling in these openings. An
additional step and adqitional lattice work was also added to the
deck. These three change orders brought the total payment amount to
$8,532.50.
Mayor Johnson expressed concern for the trees around the deck. He
stated tbat the roots were exposed .and that it would be difficult for
the,trees to get water with the benches that were constructed around
them.
Mayor Johnson stated that he was bothered by the 12% to 15% increase
because of change orders involved for the construction of the wooden
deck.
A motion was made by Council Member Duke, seconded by Council Member
Kelly to authorize payment for the wooden deck to Kurtin-Keiser and
Associates in the amount $8,532.50 and ratify the Staff's decision on
the change orders.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke and
Lang
None
Council Member Nickell
PAYMENT FOR SCOUT HOUSE CONSTRUCT! N:
construction fence lQcated south
oved by the end of the week. The
before the November 11, 1992
Consideration was given to Payment No. 4 in the amount of $20,032 to
Purcell Construction, Inc. for construction of the new Scou~House~
Mr.' Tanner stated that the tempora
of the new Scout House would be re
Scout House construction should en
contract deadline.
A motion was made by Council Membe Lang, seconded by Council Member
Kelly,to pay' Purcell Construction, Inc. in the amount of $20,032.
The motion was voted on with the ollowing resu,1t:,
u
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke and"
Lang
None
Council Member Nickell
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City Council Regular Session, September 28, 1992
PAYMENT FOR J.M.H. PARK DEVELOPMENT (PHASE 2):
Consideration was given to the payment of $31,145.00 to Landscape
Professionals of Texas for J.M~H. Park Development (Phase 2).
Mr. Tanner stated that the Staff was, taking steps to relocate the 26
wax myrtles planted near the center of the J.M.H. Park. Based upon
Mr. Tapley's recommendation, only 7 should be relocated within the
park. The remaining 19 wax myrtles will be relocated to facilities
or parks they compliment.
Jerry Burns, Deputy Director of Public Works, stated that the City's
Urban Forester was concerned about too many trees being planted in
the park.
A motion was made by Council Member Lang, seconded by Council Member
Duke to approve the payment to Landscape Professionals of Texas in
the amount of $31,145.00.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke and
Lang
None
Council Member Nickell
PAYMENT FOR ENGINEERING SERVICES:
Consideration was given to the payment of $51,127.40 to Langford
Engineering for the following invoices:
(a) Invoice No. 6928 in the amount of $32.252.06 for the design
of sanitary sewer, street and drainage improvements in the
'Charlotte/Lake area.
. (b) Invoice No. 6945 in the amount of $9,511.33 for Priority
Area 4, Phase 1 Sanitary Sewer Renovation.
(c) Invoice No. 6946 in the amount of $3,464.01'for design and
construction of 2 ground storage tanks.
(d) Invoice No. 6984 in the amount of $5,900.00 for preparation
of Master Plan Report for Supervisory Control and Data
Acquisition (SCADA) System.
Council Member Lang left the meeting and was not available to vote on
the motion.
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City Council Regular Session, September 28, 1992
ItitJ43
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A motion was made by Council Member Duke, seconded by Council Member
Kelly to approve the payments of invoice No.'s 6928,6945,6946 and
6984 in the amount of $51,127.40 to Langford Engineering.
The motion was voted on with the following results:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Duke
None
Council Members Nickell and Lang
PAYMENT FOR J.M.H. PARK DEVELOPMENT (PHASE 1):
Consideration was given to the payment of $68,128.00 toGulf Coast
Landscape Services, Inc. for J.M.H. Park Development (Phase 1).
A motion was made by Council Member Kelly, seconded by Council Member
Duke to approve payment to Gulf Coast Landscape Services, Inc. in the
amount of $68,128.00 for phase 1 of the park development program. .
The motion was voted on with the following results:
[]
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson. Council Members Kelly and Duke
None
Council Members Nickell and Lang
CITY COUNCIL MEETING MINUTES:
, Consideration was given to the minutes of the City Council Regular
Session on September 14, 1992.
Mayor Johnson asked the City Secretary to include the address of Pam
Cocavessis who spoke to the Council and to also in~lude a disposition
of what happened.
A motion was made by Council Member Duke, seconded by Council Member
Kelly to approve the minutes of September 14, 1992 with the
amendments.
The motion was voted on with the following results: '
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Duke
None
Council Members Nickell and Lang
o
COUNCIL COMMENTS:
Council Member Lang returned to the meeting at 9:30 P.M.
H
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City Council Regular Session, September 28, 1992
Council Member Duke asked about the pavement overlay work on
Wakeforest Street from Sunset Street to Tangley Street.. Mayor
Johnson stated,that Harris County was doing the work.
Council Member Lang asked about a firearm ordinance which she had
requested the Council to consider. Mr. Tanner stated that the
Firearm Ordinance would be on the next regular session agenda.
ADJOURNMENT:
With no further business to come before Council at this time, a
~otion was made by Council Member Lang, seconded by Council Member
Kelly to adjourn.
The meeting adjourned at 9:35 ,P.M.
. fP
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Whitt f. J~ n
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
THURSDAY, OCTOBER 1, 1992
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, October 1, 1992, wi th the fo 11 owi ng members present: Mayor
Johnson, presiding; Council Members Kelly, Lang and Nickell. Also
present were the City Manager, Director of Finance and Administration
and City Secretary. Council Member Duke was absent.
DISCUSS BUDGET FOR YEAR 1993
City Counci 1 revi ewed porti ons of the proposed ci ty budget for fi sca 1
year 1993 with the City Manager and Director of Finance and
Administration.
No action was required of City Council at this time.
o
COUNCIL COMMENTS:
No member had anything further to discuss at this time.
ADJOURNMENT:
Wi th no further business to come before Ci ty Council at thi s time, a
motion was made by Counci 1 Member Kelly , seconded by Council Member
Nickell, to adjourn the workshop.
The workshop adjourned at 8:45 P.M.
~~JH ~~
itt F. Jo ns
Mayor
Kaylynn Holloway
City Secretary
o
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CITY COUNCIL WORKSHOP SESSION
MONDAY, OCTOBER 5, 1992
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, October 5, 1992. Mayor Johnson presiding, Council
Members Kelly, and Duke were present. The City Manager, Finance &
Administration Director, Public Works Director, Police Chief, Fire
Chief, Deputy Directors of Public Works, Building Official and City
Secretary were also present. Council Member Lang and Nickell were
absent.
DISCUSS PROPOSED 1993 BUDGET
o
The City Council reviewed portions of the proposed 1993 city budget for
fiscal year 1993 with the City Manager and Director of Finance &
Administration. The City Council supported an increase in cost to
purchase a PC with an emulation package and a fax machine for the City
Secretary and City Manager's office. The Council requested a reduction
in the cost to purchase a VCR for the Building Department, a reduction
in mobile radios for the Street Department and to eliminate the
purchase of a stereo for the Recreation Department. Ken Sparks,
President of Tri-Sports Association, requested the Council to increase
the City's donation to the Association by $6,000. The City Council
discussed individual department's budgeted capital expenditures at
length. Mayor Johnson requested that the City Council consider the
employment of a Street Supervisor.
ADJOURNMENT:
A motion was made by Council Member Duke, seconded by Council Member
Kelly to adjourn.
The workshop adjourned at 10:30 p.m.
6dMir~
Whitt F. Jo ns '
Mayor
o
Kaylynn Holloway
City Secretary
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CITY COUNCIL SPECIAL SESSION
THURSDAY, OCTOBER 8, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
****************************************
The City Council convened in special session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Thursday, October 8, 1992. Mayor Johnson presiding, Council Members
Kelly, Nickell, Lang and Duke were present. The City Manager, Finance
& Administration Director, and City Secretary were also present.
CONDUCT INTERVIEWS FOR POSITION OF HEALTH OFFICER AND CONSIDER
APPOINTMENT:
D
The City Council interviewed Dr. Dale Kester, a resident at 4033
University Boulevard, for the position of City Health Officer. Dr.
Kester is presently the Associate Director of Emergency at St. Luke's
Episcopal Hospital. He received training as a U.S. Naval Flight
Surgeon in Pensacola, Florida and worked as a Wing Flight Surgeon at
the Naval Air Station in Corpus Christi, Texas. Dr. Kester expressed
sincere interest in serving the community.
The Council concurred to appoint Dr. Kester as the City Health Officer
at the next regular session.
Council Member Duke arrived at 7:30 p.m.
Council Member Lang arrived at 7:40 p.m.
DISCUSS PROPOSED 1993 BUDGET
o
The City Council reviewed the Proposed 1993 City Budget. The City
Manager and Director of Finance & Administration presented changes that
had been requested by the City Council at previous budget workshops.
The City Manager included revenue which would be generated from the
addition of a new traffic unit, from the sale of vehicles and from the
Houston Light and Power and Southwestern Bell Franchise. The Council
agreed to eliminate the employment of a street foreman and to eliminate
the purchase of a flatbed truck for the Street Department. The
purchase and distribution of garbage bags to the residents would be
continued. Consideration was given to an additional expense of $32,000
for street rehabilitation.
Mike Tanner, City Manager, recommended a 2% across the board increase
for City employees, effective December 1, 1992, in order to compete
with the defined market, to meet increases in the cost of living and to
City Council Special Session, October 8, 1992
meet significant increases in healthcare costs. A 4% average increase
. was budgeted for the 1993 compensati~n plan.
Mr. Tanner stated that the Staff tried to minimize rate increases to
utilities and ad valorem taxes.' At the same time, the Staff hoped to
improve most services and actually raise the level of the services.
ADJOURNMENT:
A motion was made by Council Member Lang, seconded by Counc i 1 Member
Duke to adjourn.
The workshop adjourned at 10:30 p.m.
~4'~
WhittF: Jo n' .'
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, OCTOBER 12, 1992
MUNlCIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:30 P.M.
*********************************
The City Council convened in regular session in the Municipal
Building (3800 University Blvd.), on October 12,1992, with the
following members present: Mayor Johnson. Presiding; Council Members
Kelly, Lang, Nickell and Duke. Also present were the City
Manager, Public Works Director, Building Official, Finance and
Administration Director, City Attorney, and City Secretary. Mayor
Johnson delivered the invocation and Council Member Lang led the
Pledge of Allegiance.
HEARING OF RESIDENTS:
Mayor Johnson invited residents who wished to address the City
Council to come forward as their names were called.
Richard Ayers, a resident at 2723 University, complained about the
timbers and trash, that belonged to his neighbor, and was left
between his fence and his neighbor's fence. He stated that he had
contacted the City's inspection, department and'nothing was done about
the debris.
Mayor Johnson stated that the City Manager.and his Staff would see
that the problem would be corrected.
Bill Byerly, a,resident at 5840 Auden, expressed opposition to
the 3-way stop sign at the corner of Tangley and Auden. He
believed that the stop sign was dangerous because so many cars were
running the stop sign. ,He complained about the, pollution, noise and
the smell from the cars stopping in front of his house.
Mike Tanner, City Manager, stated, that the! stop sign was a qualified
stop sign because it meets the criteria that the City Council
established approximately two years ago.
~
Mayor Johnson suggested talking to the Chief of Police concerning the
stop sign.
Ge,orge Ruhlen,a resjdent at 4035 Villanova and Chairmanof the
Zoning and Planning Commission, spoke about Ordinance No. 1435
relating to zoning and land use., He reported that the Ordinance was
designed to prevent principal buildings from being built in rear
yards. The draft ordinance as written would allow home space above
the garage, but the connection between the garage and the principal
building would have to be detached not attached. He reported that
his intent was to accomplish the bigger job of making sure that homes
\
City Council Regular Session, October 12, 1992
were not built in the rear yards but preserving whatever rights
homeowners now have to build living space above their garages.
Mr. Ruhlen requested that the Council table Ordinance No. 1435 until
further discussion by the Zoning and Planning Commission.
A motion was made by Council Member Lang, seconded by Council
Member Kelly to table Ordinance No. 1435.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
Dr. GilJackson, a resident at 3613 Nottingham, complained about
the lift station established in the 3600 block of Nottingham. He
stated that the new facil ity has changed the green space to an eye
sore. He expressed concern about the health factor and the potential
for air contamination of infectious organisms. He asked if there was
any option to correcting the malodorous air that comes out of the
vent which permeates about 100 yards radius.
David Dunwoody, a resident at 3609 Nottingham, stated that the
lift station on Nottingham had changed the qUplity of life in their
neighborhood and had probably affected their property value
significantly. The raising of the vent at the lift station had
helped a little bit but the odor was still there. He stated that he
had all the confidence in the world that the City could remedy the
situation.
Dieter Ufer, th~ City's consulting engineer from Langford
Engineering, who is responsible for the design of the lift station.
stated that there were things that could be done but would get
progressively more. expensive. He requested more time to try the less
expensive solutions or make operational chang~s.
Ed Menville, Director of Public Works, stated that, to date,. the
Public Works Department had extended the vent at the lift station and
they had also made some adjustments to reduce the amount ~f agitation
that occurs within that area. He added that he and Mr. Ufer were
investigating other options.
Mr. Dunwoody stated that the residents from his neighborhood came
to the meeting to make their feelings known and that they would work
with the City. He stated that he did not want to hear about the
economic issue involved in solving the problem.
Mayor Johnson stated that before anymore lift stations are
constructed in. the City, the residents in the area should be put on
notice.
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City Council Regular Session~ October 12, 1992
I VVUV;
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Sandra Spencer, a resident at 3601 Nottingham, stated that someone
came to their block and talked to the residents about the lift
station. The resident's main concern was if the station would ,smell
and they were told that it would not.
Bob Geary, a resident at 4224 Judson, expressed concern about the
intersection of Bissonnet and Simmons. He stated that a resident
living at 4220 Bissonnet has a hedge that blocks the view of cars
entering onto Bissonnet,which makes the intersection very
dangerous.
He was concerned for the number of teenagers who would have their
drivers license in a few years.
Mr. Tanner stated that the City's urban forester has been identifying
large bushes, trees or hedges in the City that establish a traffic
hazard. He told Mr. Geary that the Staff would take a look at the
problem.
RESOLUTION APPOINTING CITY HEALTH OFFICER:
LJ
Consideration was given to Resolution No. 92-14 appointing Dr. Dale
Kester as the City Health Officer. '
Council Member Lang read Resolution 92-14 as follows:
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 positions; and
WHEREAS, the Mayor and members of the City Council have
contacted qualified citizens to serve as the City Health Officer
of the City of West University Place, Texas; and
WHEREAS, the resignation of the City Health Offic~r has
created a vacancy.
WHEREAS, certain persrins have indicated a desire and
willingness to serve as the City Health Officer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the following person be appointed ~o serve
as City Health Officer:
Dale E. Kester, M.D.
D
Section 2. That the person hereby appointed as the City
Health. Officer shall serve, ,without compensation.
3
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City Council Regular Session, October 12, 1992
Section 3. That the person hereby appointed as the City
Health Officer shall serve until the appointment and
qual ifi cati on of hi s successor~
Section 4. All resolutions and parts of resolutions in
confl i cot herewi th ,are hereby repea,l ed to the extent of the
conflict only.
Section 5. If any ward, 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 sha 11 not be affected ,thereby.
Voting Aye:
Voting No:
Absent:
of&; ~
X y~ '7 ' ' ~./
~hittF. John,' ayor .
ATTEST:
Kaylynn Holloway
Ci ty Secretary
A motion was made by Council Member Nickell, seconded by Council
Member Lang to adopt Resolution No. 92-14 appointing Dr. Dale
Kester as City Health Officer.
4
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City Council Regular Session, October 12, 1992
:0055
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The motion was voted on with the following result:
Voting Aye:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
Voting Nay:
Absent:
Mayor Johnson administered the Oath of Office to Dr. Kester.
. REQUEST TO HANG BANNER ACROSS UNIVERSITY BOULEVARD:
Consideration was given to a request from the West University
Elementary Parent Teacher Association to hang a banner across
University Boulevard that promotes its auction and carnival.
A motion was made by Council Member Lang, seconded by Council
Member Nickell to grant the request from the P.T.A. to hang the
banner across University Boulevard.
The motion was voted on with the following result:
D.'.
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Voting Aye:
Voting Nay:
Absent: '
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
, None
CONSTRUCTION AND OPERATION OF NOTTINGHAM. LIFT STATION:
This item was1discussed during the IIHearing of Residentsll. No action
was required at this time.
FINANCIAL REPORT:
Consideration was given to a report on the October 26, 1992 bond sale
($5,000,000.00) and related matters.
o
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Representatives from Rauscher Pierce Refsnes, Inc., Larry
Catuzzi and Jim Shaw presented a tentative schedule of events and
official, offering documents pertaining to the upcoming issuance of
$5,000,000 Permanent Improvement Bonds, Series 1992.
Mr. Catuzzi reminded the Council that on the 26th of October
there would be a competitive sale in which they would receive bids.
The plan would be, with approval of Council, to print the disclosure
documents and distribute them to approximately 300 perspective
bidders.
5
City Council Regular Session, October 12~ 1992
A motion was made byCouncil,Member 'Duke, seconded by Council Member
Kelly to authorize Rauscher Pierce Refsnes, Inc. to proceed with
steps necessary to, offer the $5jOOO ,000, permanent improvement bonds,
series 1992 for bid, subject to City Council voting for approval on
October 26, 1992.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
ORDINANCE RELATING TO FIREARMS:
Consideration was given to the first reading of Ordinance No. 1445.
Mayor Johnson read the caption of the ordinance as follows:
Ordinance No. 1445
AN ORDINANCE RELATING TO FIREARMS, AIR RIFLES AND WEAPONS; AMENDING
THE CODE OF ORDINANCES OF THE CITY OF.WESTUNIVERSITY PLACE, TEXAS;
AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
Council Member Lang asked Jim Dougherty, City Attorney, if the
ordinance specified that the owner of the gun was the person held
responsible. Mr. Dougherty stated that the ordinance did not limit
it to ownership, but to any adult who allowed the child to get access
to the weapon could:be held liable.
Mr. Dougherty suggested broadening the preamble of the ordinance to
include 1I0wner or other responsible adultll. .
Mayor Johnson questioned Section 2(i) which states that the City may
permanently seize and destroy any firearms used in a violation. Mr.
Dougherty stated that, in some cases where there is a conviction,
firearms are seized and are not returned to criminals.
Copies of Ordinance No. 1445, in the form required for adoption, wee
available to all members of the Council.
A motion was made by Council Member Lang, seconded by Council
Member Nickell to adopt Ordinance No.> 1445 on the first reading,
with the change to include 1I0ther responsible adultsll.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council ,Members Kelly, Lang,
Duke and Nickell
None
None
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\.VVQ!I
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ORDINANCE RELATING. TO ZONING AND LAND USE:
At the request of the Chairman of the Zoning and Planning Commission
this item was tabled for further consideration.
The City Attorney left the meeting at 8:50 p.m.
AUTHORIZATION TO BID CHARLOTTE/LAKE AREA RECONSTRUCTION:
Consideration was given to Charlotte/Lake Area reconstruction and
authorization to bid.
LJ
Mr. Tanner submitted to Council a bid schedule for the reconstruction
of the Charlotte/Lake Atea project.
Mr. Ufer stated that November 12, 1992 was the anticipated date for
the pre-bid conference to be held in the Council Chambers. The
anticipated start date of the project would 'be the first week of
January 1993.
Council Member Kelly requested that the Staff do everything possible
to make the Charlotte/Lake Area construction a model project, with
advance notice to all the residents in the area. Mr. Tanner stated
that the Staff had already started work on the project, such as
sending notices to residents informing them of the tree surveys being
done in the area. l
Mayor Johnson suggested that, in order to minimize complaints, the
notices shou1d inform'theresMents in:the area of where they can
park their car, include information regarding garbage pickup, lTIail
delivery and police security.
Council Member Kelly requested high visibility of the police officers
in the area.
Council Member Duke suggested making the pre-bid conference open to
the public.
A motion was made by Council Member Lang, seconded by Council
Member Duke to authorize the Staff to proceed with the bids in the
Charlotte/Lake Area.
The motion was voted on with the following result:
o
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
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City Council Regular Session, October 12, 1992
BIDS FOR THE PURCHASE AND INSTALLATION OF TREES AT THE CITY
LANDFILL:
Consideration was given to bids received September 28, 1992 for the
purchase and installation of 117 trees at ,the City Landfill according
to the Texas Water Commission approved closure plan.
The following bids were received:
Bidders'
Bid Amount
Westco Grounds Mgmt.
Gro-tech
Speer Industries
Southern Pride Lawns
Bio Energy Landscape
Pampered Lawns
Memorable Landscapes
Houston Landscapes Unlimited
Gulf Coast Landscape Services
C.H.C. & Sons Lawn Systems
Roquemore's Soil Center
Evergreen Services
HouScape Grounds Mtce.
Carnahan's Landscapes
$10,675.00
$ 7,496.00
$20,345.00
$10,412.95
$ 9,721.00
$ 8,683.27
$ 8,900.00
$11,675.00
$14,860.00
$13,211.20
$12,407.00
$10,296.00
$14,060.00
$20,643.38
The Staff recommended the low bid of $7,496.00 submitted by
Gro-Tech be accepted and approved.
A motion was made by Council Member Lang, seconded by Council
Member Nickell to accept the bid from Gro-Tech in the amount of
$7,496.00 for the planting of 117 trees at the landfill.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
CREATION OF PARKS AND RECREATION DEPARTMENT:
Consideration was given to the creation of a Parks and Recreation
Department and Resolution No. 92-15.
Mayor Johnson read Resolution 92-15 as follows:
CREATION OF A PARKS AND RECREATION DEPARTMENT
WHEREAS, it is the obligation of the City Council, pursuant
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to provisions of the City Charter and ordinances heretofore
adopted, to create, abolish, consolidate, and divide offices and
departments in the interest of the City; and
WHEREAS. the Mayor and members of the City Council have
determined that the demand and cost for parks and recreation
activities have increased each year in the City of West
University Place, Texas; and
WHEREAS, parks and recreation is now considered to be an
essential government service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That a Parks and Recreation Department be
created.
Section 2. That the position of Parks and Recreation
Director be created to guide the Parks and Recreation Department.
Section 3. That the responsibility for the Parks Division,
Recreation Division and Senior Services Division be transferred
to the Parks and Recreation Department and its Director.
Section 4. The Director of Parks and Recreation will be
selected by the City Manager and Personnel Department and the
City Council will approve the appointment.
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 orcircumstance~ 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.
day of
, 1992.
PASSED AND APPROVED this
. Voting Aye:
Voting No:
Absent:
u
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,\Ilntt F;, John. " . yor-. '. .
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City Council Regular Session, October 12, 1992
ATTEST:
Kaylynn Holloway
A motion was made by Council Member Duke,. seconded by Council Member
Kelly to adopt Resolution No. 92-15.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
FUEL STORAGE TANK REMEDIATION:
Consideration was given toa propOsal from Coastal Environmental
Services to complete fuel storage tank remediation in the Public
Works Center.
Mr. Menville reminded the Council that they had requested a more
detailed description of the four tasks associated with the final work
to be done on the underground fuel storage tank remediation as
described by Coastal Environmental Services. All costs associated
with Mr. Watson's~ork, including lab testing, were included in the
fees identified in his report. Costs associated with capping the old
water well will be handled by the Department of Public Works via
independent bidding processes. It is estimated that this closure
will cost between $7,000 and $10,000 dollars.
The Staff recommended the use of Coastal Environmental Services to
perform the work.
Mayor Johnson asked if this was the final cost the City was going to
be encumbered with. Mr. Tanner stated that until bids are taken to
plug the abandoned well. the Staff could not tell the Council if this
was the final estimated cost.
Council Member Nickell asked if the proposal included maximum
estimates. Mr. Tanner stated that the proposal was Mr. Watson's
conservative estimate of the cost required to complete the project,
it is a worse case scenario. There could be no guarantee that the
Texas Water Commission will not come back and demand other work be
done before the project is completed.
A motion was made by Council Member Duke, seconded by Council Member
Kelly to authorize the City to accept the proposal from Coastal
Environmental Services for a total of $15,890.
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City Council Regular Session, October 12, 1992
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The motion ~as voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
PAYMENT OF LEGAL FEES:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
Consideration was given to the payment of $4,946.00 to the City
Attorney for legal services provided during the month of September.
General legal counsel totaled $3,966.25, H.I.S.D. related legal
counsel was $940.10 (The amount will be reimbursed by the H.I.S.D.)
and legal counsel required ,by the advanced revenue refund totaled
$39.65
A motion was made by Counc il Member Kelly, seconded by Counc il Member
Lang to pay the legal fees in the amount of $4,946.00 for the month
of September.
The motion was voted on with the following result:
[]
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
PAYMENT FOR SCOUT HOUSE CONSTRUCTION:
Consideration was given to Payment No. 5 in the amount of $18,726.00
to Purcell Construction, Inc. for construction of the new scout
house.
Mr. Tanner stated that the Staff had reviewed the documents,
inspected the new structure and recommended .approval of the paym~nt.
If payment No. 5 is authorized, the balance remaining on the contr.act
will be $44.557.00~
A motion was made by Council Member Nickell, sec.onded by:Co,uncil
Member Duke to pay $18,726.00 to Purcell Construction for the
construction of the scout house.
The motion was voted on with the following result:
~
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
11
City Council Regular Session, October 12, 1992
Council Member Kelly asked the Staff to consider having a dedication
ceremony for the new Scout House.
PAYMENT FOR PRIORITY AREA 4. PHASE 1 SANITARY SEWER RENOVATION:
Consideration was given to the payment of Estimate No.6 (Final) in
the amount of $96,776.26 to Whitelak, Inc. for work performed July
29, 1992 through September 18, 1992.
Mayor Johnson asked if any complaints had been registered by a
resident about improper construction or incompletework during this
construction. Mr. Tanner replied that there had been no complaints.
A motion was made by Counci 1 Member Kelly, seconded by Council Member
Nickell to pay Estimate No. 6 (Final ) in the amount of $96,776.26
to Whitelak, Inc.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci 1 Members Kelly, Lang,
Duke and Nickell
None
None
PAYMENT FOR PRIORITY AREA 3. SANITARY SEWER RENOVATION:
Consideration was given to a letter agreement and final payment of
$115,375.87 to George M. Construction Co. for sanitary sewer line
construction.
A letter agreement was submitted by the City Attorney concerning a
lawsuit between George M. Construction Co. and West University.
Place. The letter agreement had been changed to reflect a change in
the payment amount and to correct a contract reference.
A motion was made by Council Member Lang, seconded by Council
Member Kelly to approve the letter agreement submitted by Mr.
Dougherty subject to the condition that George M. Construction
provides the City with customary proofs of having paid all its
subcontractors, mechanics and materialmen as well as the customary
consent from its surety.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
12
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City Council Regular Session, October 12, 1992
D
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the following City Council
meetings:
(a) City Council Regular Session on September 28, 1992.
(b) City Council Workshop Session on October 1, 1992.
(c) City Council Workshop Session on October 5, 1992.
A motion was made by Council Member Lang, seconded by Council
Member Kelly to approve the minutes with the correction of an
incorrect date on the minutes of September 28. 1992.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
COUNCIL COMMENTS:
rn
Council Member Lang suggested that the Staff provide a criteria
list for evaluating the effectiveness of the Urban Forester and she
requested an annual report. She asked for a measurable method of
determining the activity and the impact of the forester duties on the
City.
Mr. Tanner stated that the Urban Forester was doing a great job and
the Staff was very happy with her.
Council Member Kelly stated that he felt that this administration had
passed three ordinances that he was particularly proud of, those .
being the Mayor's smoking ordinance, the tree ordinance and Council
Member Lang's firearm ordinance.
ADJOURNMENT:
With no further business to come before the Council at this time, a
motion was made by Council Member Nickell, seconded by Council
Member Lang to adjourn the meeting.
The meeting adjourned at 10:00 p.m.
o
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Whitt F. Joh on
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL SPECIAL SESSION
MONDAY, OCTOBER 26, 1992
,MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
********************
The City Council convened in Special Session in the Municipal Building
(3800 University Boulevard) on October 26, 1992, with the following
members present: Mayor Johnson presiding, Council Members Kelly,
Lang, Duke and Nickell were present. The City Attorney, City
Manager, Public Works Director, City Secretary and Ray Vi~da,
attorney from Sewell and Riggs were also present.
MATTERS RELATED TO PENDING LITIGATION: The City Council convened in
Executive Session at 7:00 P.M. to discuss pending litigation of
Intercity Investment Properties v. City of West University Place.
The City Council adjourned the Executive Session at 7:20 P.M. and
convened in open session. Mayor Johnson requested a motion.
o
A motion was made by Council Member Duke, seconded by Council Member
Nickell, that the City Attorney and the City litigation counsel be
authorized to discuss, with the opposing counsel for Intercity
Investment Properties, other alternatives related to utility capacity
for the three lots owned by Intercity Investment Properties and, if
necessary. consideration would be given to mediation procedures.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members, Kelly, Nickell
and Duke
Council Member Lang
None
Such motion carried and the meeting was adjourned at 7:27 P.M.
~-7.-~~
itt F. Joh n
Mayor
o
Kaylynn Holloway
City Secretary
0066
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CITY COUNCIL SPECIAL SESSION
TUESDAY, OCTOBER 27, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
****************************************
The City Council convened in special session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Tuesday, October 27, 1992. Mayor Johnson presiding, Council Members
Kelly, Nickell, Lang and Duke were present. The City Manager,
Finance & Administration Director and City Secretary were also present.
CONSIDER PROPOSED 1993 BUDGET
~
The City Manager and the Finance and Administration Director presented
preliminary results of a study conducted by JBS and Associates on the
utility rates (water and sanitary sewer).
Mr. Taylor reported that there was one fundamental difference between
the 1993 preliminary water rates and the current water rates that being
the number of gallons of ufree waterll residents will be allowed has
decreased. There would no longer be free water on the commercial
side. The water commodity charge has increased from $1.60 to $1.65.
For those residents that claim an over 65 exemption, there would be a
$1.00 per 1000 gallon discount.
Mr. Tanner stated that the Staff tried to minimize the rate increase
and assist the elderly residents. Inequities associated with
commercial and institutional accounts were addressed.
Serious concerns were associated with the commercial accounts,
specifically with the sewage, because these accounts could pump 100,000
gallons and only pay $7.15, whereas, residential accounts are paying
$7.15 for every 1000 gallons over 3000 gallons. The waste from
commercial accounts is also harder to treat" especially!, for those that
use grease solids.
The proposed sanitary sewer rates are also b,ased:on the same philosophy
as the water rates. The billing is based on 1000 gallons of water,
with no free sewage for commercial accounts. The residential accounts
are down from 3000 gallons to 1000 gallons. .
Council Member:;Duke stated that a resident using 3000 gallons for water
and sewer, the rate'would increase from $11.10 to $17.40 per month.
o
Mr. Tanner suggested that, the City decreas.e the' sizeiof some of the
water meters. The City has larger meters than required and may not be
registering a correct count. This can cause a significant water and
money loss. If a resident has a 3 inch meter, the flow would have to
be about 50 gallons before the meter would start to register.
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City Council Special Session, October 27, 1992
0068
Council Member Nickell expressed concern over all the increases which I
were being implemented including the telephone bill, water and sewer I'
rates and the tax increase. He felt the Senior Citizens would be _
affected more than others. Mr. Tanner replied that something needed to
be done or the City would deplete its reserve.
The City Council asked Mr. Taylor to rerun the rates with different
minimum charged gallons.and on consumption usage. Mr. Taylor stated
that he would run the schedules again on the sewer side based upon the
o flow and on the 1,500 gallon flow and would adjust the commodity
charge in order to generate the money the City needs. Council Member
Nickell requested a schedule based on 0 minimum while maintaining the
water commodity rate at $1.65 to determine the amount of revenue
generated.
Council Member Kelly requested Mr. Taylor to compare three questions in
the alternative plans.
1. How does it affect the recovery of front-end cost?
2. Which of the alternatives best promotes conservatism?
3. Which plan is the best one for trying to establish money to help
repair and replace deteriorating sewer lines.
Consideration was given to a 2% across the board increase effective
December 1, 1992.
Mr. Tanner stated that Waters Consulting Group conCluded that City
salaries were 1.5% to 2% below the defined market. Mr. Grady had
recommended an across the board increase for a structural adjustment,
to offset the cost of living increase, and for the significant
increases in the cost of the new insurance program.
L
Council Member Kelly stated that the employees had a 6% pay raise this
year which, for this economy, he felt was phenomenal. He recommended
that the 2% pay raise be tied specifically to the health care plan so
that it does not get lost in the payroll plan.
Council Member Duke stated that the City was very rich in their current
health care plan and there was a need to cut back in order to become
more in line with the market. He suggested some transitional relief
for employees the first year. Council Member Duke was in favor of some
sort of credit or adjustment to health care as opposed toa percentage,
across the board'pay increase where high level employees get more than
the lower level employees. He suggested that the City, on a one time
basis, set up a trust for each employee to be used as a credit against
the health care deductible. If the employee does not use the trust,
they would receive the money at the end of the year.
The City Council directed the Staff to confer with the consultants and
return with a recommedation on the health plan.
Consideration was given to compensating firefighters for lost incentive
pay. ~
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City Council Special Session~ October 27, 1992
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Mr. Tanner stated that when police and fire incentive pay programs were
abolished, the amount received by firefighters were not incorporated in
the pay plan. The firefighters lost pay, police officers did not. Mr.
Tanner suggested rolling the lost pay in their salary and moving
forward. no retroactive pay would be received.
Council Member Duke questioned making an adjustment to tbe firefighters
pay at this time when the Waters Consulting Group had just concluded a
study and had determined what employees should be paid."
Co_uncil Member Nickell asked if the increase in the pay would move any
of the firefighters into another pay grade based on the Waters
Consulting Group survey. Mr. Taylor replied that it was not a
significant amount of money and the firefighter's salary could only
mQve to the maximum allowed for their position.
It was the consensus of the Council to incorporate the incentive pay in
the firefighters salaries for the 1993 year as long as the increase did
not exceed the grade rate set by Waters Consulting Group. The Staff
was directed to analyze the numbers and report to Council with a
recommendation.
Consideration was given to a vehicle allowance for certain members of
the Staff.
o
Council Member Lang stated that she was opposed to vehicle: allowances.
Council Member Kelly suggested that the Police Chief should receive a
car allowance and his designated car be used in patrol.
Mr. Tanner stated that the Police Chief1s car was already being used
for patrol and in many cases the Chief us~d his personal car while on
du ty . .
Council Member Duke asked if the Staff would be opposed to rolling
their car allowance into their salaries.
Mayor Jonnson stated that he was opposed to making any changes in the
car allowances.
Council Member Nickell stated that he wanted to maintain the car
allowances as they are and not issue any new ones.
Council Member Kelly stated that the City still had two department
heads who were being treated differently. He maintained that he felt
the Police Chief should get a car allowance.
A majority of the Council agreed to no change in the car allowances.
D
ADJOURNMENT
With no further business to come before Council at this time, a motion
was made by Council Member Lang, seconded by Council Member Kelly to
adjourn.
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City Council Special Session, October 27, 1992
The meeting adjourned at 9~10 p.m.
Kaylynn Holloway
City Secretary
Whitt F. Johnson
Mayor
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CITY COUNCIL PUBLIC HEARING AND REGULAR SESSION
MONDAY, NOVEMBER 9, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
****************************************
The City Council convened in regular session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, November 9, 1992~ Mayor Johnson presiding, Council Members
Kelly, Nickell, Lang and Duke were present. The City Manager,
Finance & Administration Director, Public Works Director, Building
Official, Police Chief, City Attorney, and the Administrative Secretary
were also present. Mayor Johnson delivered the invocation and Council
Member Duke led the Pledge of Allegiance.
Mayor Johnson introduced three students from the University of Houston
who were in the audience. He also introduced anew West University
Place resident, Mr. Tony Canales who was also in attendance.
o
ORDINANCE RELATING TO ZONING AND LAND USE:
Consideration was given to the first reading of Ordinance No. 1435.
George Ruhlen, Chairman of the Zoning and Planning Commission, stated
that as currently written, Log 8 of the Projection Schedule would
permit a principal building to extend :into, the back yard. He stated
that residents want to b~ild living. quarters above their garages.
They also want to build livingquarters'attached to the second story
which have secure entrances and air conditioning and heating. Mr.
Ruhlen stated that his biggest concern was to preserve distinct back
yards. Ordinance No. 1435 would maintain distinct back yards and allow
the construct,ion of additional res:identialspace; above ,garag.e.s,. The
ordinance would limit,'a resident up to 600 squar,e. feet of additional
living space.
Counci 1 Member Lang asked Mr. Ruhl en .i f~ such addjtj ona.1
construction cQuldbe attached to the primary building. Mr. Ruhlen
replied that the addition may be attached to'the garage but a resident
may not build their house five feet into the rear yard.
Council Member Duke asked if under the. existing ordinance, the garage
was considered a detached accessory buildin,g. Mr. Ruhlenreplied
that was correct.
D
Council Member Duke stated that his understanding under the proposed
ordinance was that a resident could build an enclosed hallway above the
breezeway and connect the 600 -square feet of living space above the
garage. He asked Mr. R~hlen if that would still be considered a
City Council Regular Session, November 9, 1992
0072
detached accessory building. Mr. Ruhlen stated at that point, the
building would be considered attached.
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Council Member Duke stated that his point of concern was where the
building would change from an attached accessory building to the
principal building. He asked Mr. Ruhlen if the basic theory was that
a resident was not allowed to put more than 600 square' feet of
additional living space within 20 feet of the back property line.
Mr. Ruhlen stated that the d~finitions were very technical about the
breezeway being attached and detached. The basic understanding of the
ordinance was that residents would be allowed to have a living area
over their garage, limited to 600 square feet but a resident could not
move their houses into the back yard.
Council Member Duke stated that he felt the ordinance was a reasonable
compromise but that it would probably not please everybody.
Mr. Ruhlen stated that in his opinion, it was more important to make
sure that people did not take advantage of the rule regarding
additional living space.
Council Member Duke asked Mr. Ruhlen how the ordinance would effect
the situations where residents were starting to build the garage in the
front so there is IIsolid facell across the front; however, part of that
is garage doors. He asked if the building encroached into the 20 feet [. '
from the rear property line and if the 600 square foot limitation ..
applied. Mr. Ruhlen stated that the 600 square foot limitation did
not apply in that situation.
Council Member Nickell stated that he felt Ordinance 1435 was
relevant when pertaining to corner lots. Mr. Ruhlen stated that it
is difficult to determine where the back yard starts and stops when
pertaining to corner lots. '
Mayor Johnson asked Mr. Ruhlen if Ordinance No. 1435 would strengthen
or weaken the single-family dwelling provision. In the proposed
Ordinance, residents would be permitted plumbing and electricity in the
additional living space.
Mr. Ruhlen stated that he felt Ordinance 1435 helped the
single-family dwelling provision. He stated that residents currently
have living space over their garages and his Commission was just trying
to prevent having houses actually built in the back yard.
Copies of Ordinance No. 1435, in the form required for adoption, were
available to all members of the City Council.
Mayor Johnson read the caption of Ordinance 1435 as follows:
AN ORDINANCE RELATING TO ZONING AND LAND USE: AMENDING THE ZONING [
ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS WITH RESPECT
TO BUILDING IN REAL SETBACK AREAS (REAR YARDS); AND CONTAINING ....'
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
2
City Council Regular Session, November 9, 1992
A motion was made by Council Member Nickell, seconded by CQuncil Member
Lang to approve Ordinance No. 1435 on the first reading.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke
Lang and Nickell
None
None
PUBLIC HEARING TO CONSIDER THE 1993 .PROPOSED BUDGET COVERING ALL FUNDS
FOR THE CITY OF WEST UNIVERSITY PLACE:
The purpose of the hearing was to provide an opportunity for tax payers
and interested parties to be heard in ,relation to the proposed 1993
budget. .
A motion was made Council Member Kelly, seconded by Council Member Duke
to open the Public H~aring.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke,
Lang and Nickell
None
None
The Public Hearing convened at 7:56 P.M.
City Manager, Mike Tanner stated that the 1993 proposed annual budget
met or exceeded the budget_requirements. ,It. would provide for ,
significant improvements in public safety, dramatic improvements in
solid waste and dramatic increases in street maintenance. The General
Fund budget would be $6,270,760.00 and the Debt Service Fund would be
$1,849,338.00. The Utilities Fund would be $2,345~220.00. Mr. Tanner
stated that the budget encompassed 115 full-time employees which
included the addition of two positions, an Urban Forester and Patrol
Officer. The tax rate, if approved, would increase f,rom 32.5 cents to
37.5 cents and was required for debt service. There was no requirement
for operation and maintenance.
D
Mr. Tanner briefly discussed capital improvements projects for 1993.
Council Member Kelly stated that he was not sure of how the salary and
benefits study related to the proposed budget. Mr~ Tanner. replied that
the Staff budgeted an average 4% pay increase per position; however.
the City was looking ata pay for performance program in which the
salary increase would depend upon the employee's evaluation and
performance.
Council Member Kelly inquired about the health insurance and benefits
study. Mr. Tanner stated that Staff had budgeted an amount to cover
3
City Council Regular Session, November 9, 1992
0074
the program that the Council would ultimately select. The same amount
that the Staff had budgeted for the 1992 budget was the amount budgeted
in 1993.
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Council Member Duke stated that the City Council was expecting to give
back to the budget an amount in the range of $200,000.00 on the health
and benefits p'lan once a plan was adopted. The 1 iabi 1 ity insurance
budget was significantly reduced from the prior year. He stated that
the budget had some good cost-saving measures due to the attention
given to it by the Staff.
With no further questions or comments from Council Members or members
of the audience, Mayor Johnson calledfor a motion to close the publ ic
hearing on the 1993 proposed budget.
A motion was made by Council Member Duke, seconded 'by Council Member
Nickell to adjourn the public hearing.
The motion voted on with the following result:
Voting Aye:
Mayor Johnson, Council Members Kelly, Duke,
Lang and Nickell
None
None
Voting Nay:
Absent:
The public hearing on the 1993 proposed budget adjourned at
8:13 P.M.
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ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1993:
Consideration was given to the first reading of Ordinance No. 1448.
Mayor Johnson read the caption to 'Ordinance No. 1448 as follows:
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 1993 AND ENDING DECEMBER 31, 1993; ,
APPROPRIATING FUNDS FOR SUCH BUDGET; CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance No. 1448, in the form required for adoption, were
available to all members of the City Council.
A motion was made by Council Member Duke, seconded by Council Member
Lang to adopt Ordinance No. 1448, approving and adopting the budget fpr
the fiscal year 1993.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke,
Lang and Nickell
None
None
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City Council Regular Session, November 9, 1992
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PUBLIC HEARING TO CONSIDER THE PROPOSED TAX RATE INCREASE FOR THE CITY
OF WEST UNIVERSITY PLACE:
The purpose of the hearing was to provide an opportunity for tax payers
and interested parties to be heard in relation to the proposed tax rate
increase.
Mayor Johnson asked for a motion to convene the public hearing on the
proposed tax rate increase.
A'motion was made by Council Member Kelly, seconded by Council Member
Nickell, to'convene the public hearing on the proposed tax rate
increase.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke,
Lang andNi cke 11
None
None
The public hearing convened at 8:15 P.M.
Chris Taylor, Finance Di-rector,' stated that ,the State Property Tax Code
requires that a separate public hearing be held for a tax rate. He
stated that the Staff proposed an increase in the current tax rate of
32.5 cents to 37.5 cents. ,The entire increase is for net service.
"
Council Member Kelly stated that at the time of the bond election, City
Council projected a tax increase of $.07. The proposed tax rate,
increase is now $.05.
Counc;'l Member Duke stated that the two cents for the old debt was
based on an interest rate projection that the City was looking at in
the summer. The two, cents was so.lely to support the ind~btedness that
was existing at that point in time. It did not include any new debt,
but, just what had already been approved and sold.
Mr. Taylor stated that what 'the tax rate increas,e basically means. to
the average tax payer is that on an average house in West University
Place which works out to $22.2,000.00, by taki,ng the total residential
value and dividing it- by the property val ue ,the taxes. wi 11 go from
about $730.00 to about $806.00. The amount is going toincr,ease about
$130-$140 per year which averages to. a little over ten dollars a ,month.
Mayor Johnso-nstated that the increase takes care of the expert ser.vice
that the citizens receive., ;He added that the increase was \'Jorth paying
for. .
o
Council Member Duke stated that it was important to note all services,
except for water ,and~ sewer, ,are:really ,being ,pai d for without A tax
rate :increase because the,serv,ices'are General Fund it.ems. : The tax
rate increase is going to support the water and sewer infrastructure
improvements. He stated that the City is spending more money in the
ie, 5
City Council Regular Session, November 9, 1992
0076
short term and would continue to do so-if infrastructure improvements
were not made.
i
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Mayor Johnson stated that the City recent1y sold $5 million of the $16
million in bonds that were passed on August 8, 1992. He stated that
the City received a livery decentll rate on the bond sale. The City
refunded $11,160,000 in old bonds. The proposed tax rate increase
would take care of the recently sold $5 million in bonds. Mayor
Johnson stated that the City would most likely spend that amount in the
next six to seven months. Soon, the City will execute a contract on
the Charlotte/Lake Area improvement project. He stated the project
would involvepaving and sanitary sewer improvements. Probably within
the next ten months to a year, the City would sell another $5 million
in bonds and the result would most likely be another increase in
taxes. He stated that he felt the next bond sale would take place
before 1995.
Charles Nelson, a resident at 2931Plumb, stated that he felt that the
Mayor and City Council had done a good job IIstewardingll the City1s
expenses through their term. He stated that he does not fault the
Mayor and City Council for their tactics but he does fault them for
their strategy in proceeding with the tax rate increase. Mr. Nelson
stated that he felt the City waS progressing from one bond sale to
another without allowing all information regarding such bond,sales to
be provided to citizens. As responsible citizens, the residents of
West University Place needed to understand where the City was going on
a long range basis. Mr. Nelson felt that the City had done a very good
job of staffing; however, he opposed the hiring of any new city
employees. Mr. Nelson stated that he felt the proposed tax rate
increase was not in line with the current general economic condition.
Mayor Johnson stated that the City Council had invited citizens to work
with the Strategic Action Committeein;developing an infrastructure
improvements plan. The proposal would be a Master Plan of the City's
infrastructure which would be prepared by the Consulting City Engineer.
Mr. Tanner stated that the objective was to develop~ a plan for the
entire City with priorities and costs which would allow residents to
vote' when' bo'nd elections were required.
Mayor Johnson stated that the infrastructure improvements were to be
completed over a twenty year period. In regards to adding staff, the
City was adding one new policeman. Mayor Johnson stated that he had
recommended the addition of' a Street Superintendent but it was not
accepted by the Council. He stated that his impression from driving
the streets in the City was that the City did not have anyone on staff
that was capable of handling the responsibilities the position of
Street Superintendent would encompass. Mayor Johnson stated that-
$32,000.00 was in the budget for the maintenance of the City's streets.
in 1993 and he felt that was nota plausible figure. He added that the
Deputy Di rector of Pub 1 i c Works/General Serv ices has too many I
responsibilities and a lack of time in order to give the appropriate =~
attention to the street issue. ·
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City Council Regular Session, November 9" 1992
lOtt17
Mr. Tanner stated that in the last two years, the City has actually
reduced ,the number of employees overall and has privatized in every
possible area, such asparkslgrounds,maintenance and janitorial
services.
Mayor Johnson stated that the City has added an urban forester and in
January ,1993, the ,Gitywill add a Parks and Recreation Director to its
staff.
o
Council Member Duke stated that in ,the case of the Parks and Recreation
Director position, the City was lIupgradingll a position rather than
adding anew position. _
Council Member Kelly stated that the City Council came ,under a lot of
criticism in the 1992 budget process in that the City Council was
taking too hard a line by line approach to the budget. He stated that
many members of the current CUy Council ran for office with the
intention to .dp ,a line byline approach"to the budget. The Council was
accused of decreasing City services at the expense of an efficiency
movement, but the record shows the City Council did not do that. City
services remained the same or in some,instances, City services
increased. The City Council' tried to emphasize the same philosophy
into the 1993 budget with operation and maintenance items. He stated
that in the current economy, there should not, be a tax increase, but
the City is faced with a deteriorating infrastructure. Council Member
Kelly stated that the City Council looked at taking money out of the
reserves and originally, the Council was going to use a large portion
of, the reserves to fundthe_CharlottelLake Area improvement and not use
bond'money~ 'After looking at revenues, and. what money was really there,
the City Council did not' see making thei.mpact ,with the improvements
they wanted with the reserve money and still leave enough in reserve to
feel comfortable~ The Council had no choice but to start
infrastructure improvementswith~tax, increases. He stated that Council
Member Nickell suggested,increasing the water rate a little more,
thus taking ,less money from the General Fund and more from the Water
and Sewer Fund. However, even with that suggestion, the improvement
projects would not be possible to the extent, needed. Counc,il Memper
Kelly stated that the Council knew it would be generally unpopular to
raise taxes but that eventually it would have to,be done. The $16
million bond issue was.,just the start and would do about 35% of what
was needed in the way or City improvements., He stated that he was in
favor of ,II holding, the linell: in all possible s,ituations.
LJ
Mr. Nelson; stated that he did not fau] t the dil i gence of C,i ty Cou nc i 1
and Ci ty' Staff: in the way' of trycing to be, effi cient.; He was concerned
with taking the position that impr.ovements ne,ed to be done and taxes
increased regardless of what condition the economy is in. He stated
that, he sees the-need for:. improvements'; however cons i derati on shoul d be
given 'to the 'ecO'nomi c condi tion,at the time tmprovements a,re
, cons i dered.
Mayor Johnson state:dthat _he disagreed with Mr. Nelson and said that
the ,Council hasallo:catedth:emselves to' spend $100.,000.00 with
Langford Engineering .to create,a Master Plan. He stated ,that
7
City Council Regular Session, November 9, 1992 0078
Langford Engineering has been working w,ith the City for twenty years I
and they know the infrastructure and the attitude of City officials, who
want to be progressive.. He ,discussed the feas.ibility of telling L
citizens what the City has done and what it proposes to do. He stated
that after publishing meeting notices in the various local and city
news publications and posting notices in the ,City Hall building, he was
disappointed at the turnout of citizens at the current meeting to
listen to discussion regarding the budget.
Council Member Duke stated one of the reasons he ran for office was to
promote less government. On the long-term project situation, ,he felt
that the City was progressing appropriately. He stated that instead of
going to the voters and asking for just $5 million to do one project,
the Council solicited approval for $16 million all at once for ,
improvements overa. three to five year period. He stated that was a
change from the existing Master Plan only in the re-prioritization,
taking into account new developments and changes since the last
update. The reason for spending the money was to continue the
improvements and to tell the voters what the cost would be in 1993. As
far as the tax rate was concerned, he stated that the projected impact
is lower than what Council told the voters at the time of the bond
election. It was a step forward coming back with three big projects
that are going to be started ,over the next three to five year period
and giving the citizens the information to make a decision, beyond the
next year. He stated that the Council accomplished the flexibility to
accelerate or defer according to the economy, so if the economy slides,
the City does not have to sell the bonds to perform the next phase of
improveme_nts (Priority Area 6A). The authority will be with future
City Councils to make the decision,to act quickly and respond without
having to lose, valuable time going back foranotber bond election.
Council Member Nickell stated that hewould,work towarqs informing
citizens as to where the City was and where it was going in terms of
improvements.. He felt citizens would understand the tax increase
better if they were aware of what they were getting in return. He
stated that the City was doing, just that by having Langford
Engineering construct a Master Plan.
Council Member Kelly stated ,that some Council Members agree that the
City does things very well but one thing it does not do well is get the
information out to the public about good things that are going on. He
stated that the City of Bellaire employs a full time public rel.ations
person to see that its citizens are receiving information. Council
Member Kelly stated that the City West Universi ty Pl ace does not do
that. The City needs to do a better job of informing people of what is
going on and what is planned in the future.
Council Member Duke stated that the tax rate comparison with other
cities is useful in that it shows that the City of West University
Place is doing very well. He stated that he never found, any comfort in
looking at the West University Place rate versus other area city rates
and seeing how much cheaper tax rates are in West University Place
because' he felt that the importance was how much the City was getting
for its dollar. He felt the citizens of the City were getting
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8
City Council Regular Sess i on, November 9 , 1992
0079
o
exceptional value for the.ir dollar. Improvements have been delayed. too
long and someone had to take. the responsibiltty and .get things moving.
He stated he was not proud in raising taxes but he felt that when
looking at what the. City was. getting for the money spent., the posit~ve
effects for residents personally (improvements such as being able to
flush a toilet during a heavy rainfall and backing out ~f their
driveway without being flooded) were worth the tax increase.
Council Member Ni ckell stated that the proposed 1993 budget was
increasing the amount of money the water and sewer fundcon.tribute to
the debt rate. He stated that hopefully what would happen would be to
eliminate the old bonds and slowly, get the fund IIpaying its own wayll.
He stated that the taxes would level off once the water and sewer fund
was self-sustaining. He felt this would be accomplished ,in the next
ten years if the old bonds were retired.
Bill Arnold, a resident at 2928 Plumb, state,d that at toe bond. issue
presentation, the Consulting City Engineer was asked how much it would
cost, and at,that meeting, the Council had stated it would take another
$100 million to improve the rest of the City in a similar,fashion. He
said that he was under the impression tbat the proposed t~x rate
increase was mainly to cover the bond indebtedness that the Council was
increasing.
o
Mayor Johnson stated.thatpart of the proposed tax rate increase was to
cover the refunding of bonds and part of it was to cover the new debt.
He stated that when the Consulting City Engineer said $100 million
dollars, he was drawing figures from the .air.
o
" ..
9
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City Council Regular Session, November 9; 1992
Council Member Nickellsuggested that an information package should be
developed describing an costs for the public, including maps.
~ j :
Mayor Johnson called for 'a motion to close the public hearing on the
proposed' property tax. increase~' .
A motion was" made by Counc-il Member, KeHy ,'seconded by' Council Member
Duke to close the ptiblic hearing on the proposed tax rate increase.
ii
The mot iOITwas voted on wi th :the fell owi ng resu 1 t:
l. ~ !
Voti ng Ay'e:
VdtingNay:
Absent:
Mayor Johnson, Council Memoers Duke, Kelly,
Nickell and Lang
None' ;,
None
The public hearing adjourned at 8:55P.M.
A moti on was'made by Counc'il Member Duke, seconded by Counci 1 Member
Kellyto'setia special session for Monday, November 16, 1992 at 7:30
P.M~ in the City Council Chambers to vote on the tax rate increase and
further moved to authorize ,the Finance Director to publish the notice
of the vote.
The'motion'was voted onwith,the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke,
Lang and' 'Ni ckel]
None
None
ORDINANCE GRANTING ANEW FRANCHISE ,TO THE TELEPHONE COMPANY:
Consideration was given to the first reading of Ordinance No. 1446.
Council Member Kelly signed the Affidavit Regarding Substantial
Interest'inllBusiness Entityll Under Chapter 171, Texas Loc. Govt. .'
Code at 8:57P.M. with regard to Ordinance No. 1446 (Granting new
franchi see agreement to Southwestern Bell Telephone Company).
Council Member Kelly left the meeting at 8:58 P.M.
Copies of Ordinance No. 1446, in the form required for adoption, were
available to'all members of the Council.
0080
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Mayor Johnson called for a motion to take the ordinance from the table.
A~ motion was made by Council Member Nickell ,. seconded by Council Member
Lang to take Ordinance No. 1446 from the table arid put it before a vote I
of the City Council. j
~
The motion was voted on with the following result:
-,
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10
City Council Regular Session, November 9, .1992
0081
Voting Aye:
Voting Nay:
Absent:
Abstain:
Mayor, Johnson, Co.uncilMembers Du~e, Li;J.ng i
and, N.ickell'
None.
None
Coun~il Member Kelly
. ,
Mayor Johnson read the Ordinance caption as follows:
AN ORDINANCE :WHEREBY THEGITY OF. WEST, UNIVERSITY PLACE ;TEXAS;AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF
OPERAT.IN.G ITS TELECOMMUNICAT.IONS .BUSINESS, THE TELEPHONE COMPANY
SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER,
CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND
APPURTENANCES IN, ALONG, ACROSS, ON,. OVER, THROUGH,.ABOVE AND
UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS,
BRIDGES, OR PUBLIC PROPERTY IN SAID CITY; PRESCRIBING THE ANNUAL
COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE
CONDITIONS GOVERNING THE USE, OF "PUBLIC, RIGHTS.;..OF-WAYANDTHE
PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY
FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING
AN INDEMNITY CLAUSE; SP.ECIFYING.GOVERNING LAWS; PROVIDING FOR A
RELEASE OF CLAIMS UNDER PRIOR CONTINGENCIES;PRQVIDING FQR WRITTEN
ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND
PROVIDING. FOR A TERM AND,iEFFECTIVE DATE., ,
o
Mayor Johnson asked for a motion for the adoption of Ordinance No. 1446.
. ,
A motion was made by, Council Member, Lang, seconded by C()uncil Member
Duke to adopt Ordinance No. 1446 on the first reading.
\':
. .
The motion was voted on with. the following result:
Voting Aye:
Voting N~y:
Absent:
Abstain:
Mayor Johnson, Council Member Duke, Lang and
Nickell
None
None ,
Council Member Kelly
" \
Council Member Kelly returned to the meeting at 9:03 P~M.
I . ,.
The City Attorney left the meeting at 9:10 P.M.
. _ ' , , . i
BIDS FOR THE PURCHASE OF A BOOSTER PUMP AND MOTOR:
Cons i derati on, was gii ven .to bids received October 26, 1992Jor the
purchase and ,installation of a booster pump' and moto.r at the Milton
Street Water Plant.
[J
Ed Menville, Public Works Director, stated that his department was
recommending acceptance of the loW' bi.d from' Alsay Incorporated for
the purchase and installation of one booster pump and motor to be
11
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City Council Regular Session, November 9, 1992
0082
installed at the Milton Street Water Plant. The low bid submitted by
Alsay Incorporated was $8,650.00. The highest bid was from
Holloway Company, Inc. in the amount of $13,457.00.
A motion was made by Council Member Nickell , seconded by Council Member
Lang to accept the bid of $8,650.00 from Alsay Incorporated for the
purchase of the 1500 GPM pump and motor.
The 'motion was voted on with the following result:
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Voting Aye:
Voting Nay:
Absent:
Mayor' Johnson, Cound 1 Members Kelly, Duke,
Lang and Nickell
None
None
BIDS FOR THE PURCHASE AND, INSTALLATIONOfi VINYL FLOOR TILE AT THE
COMMUNITY BUILDING:
Consideration was given to bids received October 26, 1992 for the
purchase and installation ofvinyl~loor tile at the Community Building.
Mr. Menville stated that his department was recommending the second
lowest bid of $7,500.00 from Ford Flooring, Inc. The lowest bid from
Texas Carpet~~ Inc. in the amount of $3.050.00 failed to include labor I
and they requested their bid be withdrawn. He stated that the highest
bid submitted was from 'PurtisConstruction in the amount of $8.000.00 L
, ,
A motion was made by Council Member Lang, seconded by Council Member
Duketo accept the Staff's recommendation to choose Ford Flooring"
Inc.'s bid in the amount of $7,500.00.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke,
Lang and Nickell
None
None
PAYMENT OF LEGAL FEES:
Consideration was given to the payment of $4,402.17 to the City
Attorney for legal services provided during the month of October.
The City Manager stated that he had reviewed all legal statements and
had provided the City Council with a breakdown of costs for inoividual
issues. . , ,
Council Member Nickell inquired as to the 13 hours for work on the
Houston Hills Golf Course negotiations.
[
12
City Council Regular Session, November 9, 1992
0083
The City Manager stated that 13 ,hours was corr~ct and that the City was
nearing the end with regard to the legal work.
Council Member Duke inquired as to whether or not the City Manager
foresaw the City Attorney requiring time during November to :work on the
telephone franchis~ or golfcQurse issues.
Mr. Tanneristated that a few hours might be necessary on both issues.
He stated that there should not be much more time on the telephone
franchise agreement.
Mayor Johnson requested a motion for approval of payment of legal fees'
to the City Attorney.
A motion was made by Council Member Kelly, seconded by Council Member
Lang to pay legal fees in the amount of. $4,402.17 to the City Attorney
for services during the month of October.,
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Member Kelly, Duke,
Lang and Nickell
None
None ' :
n
PAYMENT FOR CHARLOTTE/LAKE AREA TREE PRESERVATION:
Consideration was given to the payment of $17,000.00 to Foster Tree
Service for Charlotte/Lake Area tree preservation.
. ",I '!.
Mr. Tanner stated that the City Council, had previously approved Foster
Tr~e Service to prune trees, deep feed and spray for predatory insects
arid bores., He stated that the C'itY,:WiiS satisfied with the work that
the tree service had done and that the Urban Forester had scrutiniied
the work done by the tree se,rvi ceo
Mayor Johnson stated that future i nvoi ces woul d be ,better prepared if
it was explained in detail rather than just a lump sum.
I "
A moti on was made by Counci 1 Member Ni ckeJ 1, seconded by Council M,ember
Lang to approve payment of $17,000 to Foster Tree Service and that
addittonal ,dacumentati on' bepr.ovi ded:as. a back up.
The motion was voted on with the following result:
~
LJ
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Counci 1 Member ,Kelly" Duke,
Lang and Nickell
None
None
13
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City Council Regular Session, November 9, 1992
0084
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Consideration was given to the payment of Estimate No. 10 and Final in
thearil'ountof: $44,385'.00 to Nunn Constructors for' work'performed '
August 11 thiroughSeptember'lI, 1992 in 'construction of twb- ground
storage tanks at the WakeforestWaterPlant.
Mayor Johnson stated that he was proud of the fact that there was ,only
one change order on the project for $825.00 out of a $381,000.00
contract.
Council Member Duke stated that he felt Nunn Constructors performed
excellent work.
Amotion was' made by Councfl"MemberDuke~ seconded by Council Member
Kelly to approve payment of Estimate'No~ 10 and Final in the amount of
$44,385.00 for the two 500,000 gallon underground storage tanks, as
well as approve and accept the Certificate of Completion and the
warranty.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke,
Lang and Nickell
None
None
[
PAYMENT'FOR REPLASTER DFCOLONIALPARK'SWIMMING POOL:
Consideration was given to the payment of $64,185.00 to Watts Pool
Cornpan~ for't~e,replas,~er;ing'~:the Colonial Park swimming pool..
The City Manager stated that 'the project had been completed.
A motion was made by Council Member Lang, seconded by Council Member
Nickellto approve the payment of $64,185.00 to Watts Pool Company for
poo'l resurfacing.
Council Member Kelly asked what the time span was for the pool closure
with' regard to installatio'n of the dome.'
Mr. Taylor stated that the pool'i's normally closed fora week when the
dome is installed. He stated that with replastering, the pool was
closed for about three weeks.
Counc;.l Member Kelly asked if there was any feasible way to extend the
pool memberships due to the closure. Mr. Tanner replied that the Staff
had already agreed to extend pool memberships.
The Finance Director said the extension of memberships would depend on
what type of membership a resident had. Some residents purchased their
14
City Council Regular Session, November 9, 1992
0085
memberships in quarter lengths and others had annual memberships. He
stated that the Staff would make accommodations accordingly.
The motion was voted on with the following result:
Voting Aye:
Voting Nay: '
Absent:
Ma,yorJohnson"Council Members Kelly, Puke,
Lang and Nickell
NOne,
None
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the following City Council
meetings:
(a) City Council Sped a 1 Session on October 26, 1992
(b) City Council Regular Session on October 26, 1992
(c) City Council Special Session on October 27, 1992.
Council MemberNi ckell ' inquired with regard to pending litigation,
considered during the Special Session on October 26, 1992, .if a time
had been set aside for arbitration and mediation to consider
alternatives.
. " i
Mayor Johnson stated that according to the meeting minutes, the City
Council did not set aside a time for discussion with InterCity
Investments.' "
Council Member Duke stated that in the Regular Session minutes of
October 26, 1992, on page 10, he, requested the paragraph containing his
comments regarding the fHter"at the, Nottingham Lift Station be
changed ~o'reflectthefollowing~,
IICouncil Member Duke opposed rushing into the acquisition Of the
f,i 1 ter. II
He also requested that on page 12 of the same minutes, the paragraph
containing his comments regarding The Waters Group be changed to
reflect the following:
,IICouhci 1 Member Duke: suggesterlthat. if The Waters .consul ti ng Group
had made an error, they should correct the mistake.1I
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Council Member Duke stated that his comments should not reflect those
of Mayor Johnsoniin the, :sentence.
Mayor Johnson' requested that the, s.entence printed; n ,the paragraph
regarding The Waters Group have IIMayor Johnsonll deleted and just
reflect the above-mentioned comment as that of Council Member Duke.
15
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City Council Regular Session, November 9, 1992
0086
A motion was made by Council Member Duke, seconded by Council Member
Lang to approve adoption of the minutes for the Special Session on
October 26, 1992, the Regular Session on October 26, 1992 and the
Special Session on October 27, 1992 with the noted amendments.
The motion was voted on w'ith the following result:
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Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Member Kelly, Duke,
Lang and Nickell
None
None
COUNCIL, COMMENTS:
Council Member Lang stated that she was contacted by the Dravis. and
she agreed with their statement the the City.s inspection department
needs to keep a close watch on the builders in the City.
The City Manager stated that the Dravis situation occurred
approximately two years ago'when the City had a different Building
Official. The City has done quite a few things that the Dravis' had
suggested such as requiring a civil engineer, retained by the butlder
or homeowner, to be at the building site and inspect the foundation.
Council Member Lang inquired as to whether or not the City's building
codes should be more stringent in addressing items.
The City Manager stated he felt the City had more rules and regulations
than the Staff could enforce. The City needed to decide what items
were most important and focus Staff attention on those items.
The Public Works Director stated that he personally reviewed quite a
bit of information that Mr. Dravis had and he went through the City
Building Department files on the project. . He stated that he could not
find any evidence of an inspector not doing his job properly. As far
as the foundation was concerned, Mr. Menville stated that the
technical study was done by a hired consultant to determine if a leak
was due to a defective joint in the storm drainage pipe. He stated
that the Building Division had taken steps in the last few years to
perform more diligent inspection's of all fac~ts of construction.
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The City Manager stated that most complaints regarding the Building
Department are for the, inspectors being IItoo hardll on their inspections.
Council Member Nickell stated that on the Staff Report for November
5, 1992 provided to the Council Members, he noticed numerous complaints
from citizens regarding cat and dog excrement. He stated he was not
sure how to go about enforcing residents to dispose of their pet's
excrement when it occurs on property other than that of the resident.
Council Member Kelly inquired as to whether the Police Chief had heard
anything about recent pet shootings.
[
16
City Council Regular Session, November 9, 1992
0087
The Police Chief stated that he was not aware of any pet shootings.
Council Member Nickell stated in a recent City Council meeting, the
Council had approved to complete the storage tank remediation and he
stated that he received notice that the T.W.C. was not reimbursing any
money other than what had been previously approved. He stated that he
spoke with the T.W.C. and it will reimburse the City; however, any
expenditures must be approved by the district project manager before
expenditures are made.
The Public Works Director stated that with regard to notification about
the Charlotte/Lake Area project, he had provided the City Council with
a copy of the letter that was sent out to residents indicating two
public meetings to be held on December 9 and 14, 1992 in the City
Council Chambers with Mr. Menville and the Consulting City Engineer.
ADJOURNMENT:
With no further business to come before Council at this time, a motion
was made by Council Member Duke, seconded by Council Member Lang to
adjourn.
The meeting adjourned at 9: 35 p.m.
4,,",:# .;::;-~~
Whitt F. Jol\'i - on. . .
Mayor
Susan Riedle
Administrative Secretary'
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0088
CITY COUNCIL SPECIAL SESSION
MONDAY, NOVEMBER 16, 1992
, MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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The City Council convened in Special Session in the Municipal Building
(3800 University Boulevard) on November 16, 1992, with the following
members present: Mayor Johnson presiding, Council Members Kelly,
Lang, and Nickell. The City Attorney, City Manager, Finance
Director, and City Secretary were also present. Council Member Duke was
absent.
Mayor Johnson invited residents in attendance to speak.
Jan Veranth, 6420 Vanderbilt, opposed the using of tax dollars to
build a scout house. She felt it was inappropriate for the Council to
now come forward, with an additional request to increase the taxes. She
stated that the Council should be more fiscally responsible in the use
of tax dollars.
Mayor Johnson stated that the current administration did not initiate
the scout house project. There was approximately $90,000 budgeted two
years ago to repair or replace the scout house. Mayor Johnson statedH . I
that the City contracted a structural engineer who determined that the
building was not sound. Mayor Johnson informed Ms. Veranth that L
numerous residents appeared before the Council in favor of building a
new scout house. He reminded Ms. Veranth that he had invited her to
appear before the Council months ago.
Mayor Johnson informed Ms. Veranth that the City was going to hold a
dedication of the Scout House and invited her to attend so she could
see for herself what the building was going to accomplish for the
citizens and children of the City.
Council Member Lang stated that the Scout House was not just for
Scouts. The overflow from the community building activities would be
held at the Scout House.
Ms. Veranth stated that she felt it was totally inappropriate for
private organizations to expect public funds to build and support their
~uildings.
Mayor Johnson stated that the citizens elected officials in the City to
make decisions for them and he felt the Council had used their best
judgement.
Council Member Kelly informed Ms. Veranth that Council Member Duke
was, at fi rst, adamantly opposed to the Scout House, bas ka lly on the I,. ........,
same groul)ds as she was. The Council discussed and debated the issue L
for several months. Council Member Kelly stated that the Council had
made the decision that the structure was going to be more than a scout
Special City Council Session, November 16, 1992
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house. The Scouts would have some priority but the building was really
going to be more of a community building. In addition, H.I.S.D. and
the Mayor negotiated a new twenty year lease on the land, at no charge
to the City.
Council Member Kelly stated that Council Member Duke is now in
agreement with others on the Council that, for the dollars spent and
for the other possible uses of the Scout House, the City got its money
worth.
Council Member Kelly stated that not any of the tax increase was going
for operational maintenance of the City. The tax increase is going to
fund the bonded indebtedness for improvements in the infrastructure.
He stated that there is no other way to fund the project without
depleting the City's reserves.
Council Member Lang commented that the City's tax rate was very low for
the service that the citizens get. She stated that the Scout House was
originally donated by the Lions Club to the Scouts and it fell to the
City to be responsible for the building. H.I.S.D. allows the City to
use the land and if the City let it die, the Scouts would not have a
place to meet. Council Member Lang stated that the City gives $18,000
to the Sports. She asked Ms. Veranth if she wanted to stop that
funding. Ms. Veranth replied that she did. Council Member Lang stated
that most of the people in the community supported sports and
children's activities and the Boy Scouts are a primary support of the
community.
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Council Member Nickell stated that he was not in, office when. the Scout
House project was taken on, but he informed Ms.Veranth that the term
scout house lends itself to being deeded ownership when the building
was actually another community building under the ownership of the
Ci ty. It is regul ated by the Parks, ,and Recreati on' ,Department and woul d
be available for a number of uses that any citizen might have. As far
as the tax increase goes, two cents,of.thenickell increase is for
outstanding old bond indebtedness and three cents is for the new
$5,000,000 issue that has currently been sold. Council Member Nickell
stated that tax increases ,in the City will' only be based upon the
needed funds to rebuild the infrastructure.
One citizen in attendance at the meeting suggested changing the name of
the Scout House. He stated that the City of West University Place is
an affluent community and the parents should be responsible for their
children.
Council Member Lang stated that the parents pay $80 per child for
Little League and another $75 for soccer. The parents,~themselves, in
no community in the world, can support an athletic program like that
which isin West University, Place.
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Council Member Nickell statedthatthe Little League's budget was i
$223,000. He stated that the $18,000 donated by the City primarily
goes for fieTd maintenance and proj:ects that are associ.ated, with parks
and recreation which also benefits the elementary school.
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Special City Council Session, November 16, 1992
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Mayor Johnson commented that the current administration has not cut
services and does not intend to cut services.
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ORDINANCE ADOPTING THE BUDGET FOR FISCAL YEAR 1993:
Consideration was given to matters relating to the second and final
reading of Ordinance No. 1448.
Mayor Johnson read the Ordinance as follows:
ORDINANCE NUMBER 1448
AN ORDINANCE APPROVING AND ADOPTING .A BUDGET FOR THE FISCAL YEAR
BEGINNNING JANUARY 1, 1993 AND ENDING ,DECEMBER 31,1993;
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 submitted to the City Council a budget with
estimates of expenditures and revenues of all city divisions and
activities for the year beginning January 1, 1993, and ending December
31, 1993; and
WHEREAS, such budget has been timely filed with the City L
Secretary, the City Council has had sufficient time to review and ---
revise such budget and notice of a publi~ hearing upon such budget has
been duly given; and
WHEREAS, a public hearing has been held, and all taxpayers and
interested persons were provided an opportunity to attend and
participate in such hearing; arid
WHEREAS, public participation, input and suggestions regarding the
budget have been received and considered by the City .Cou,ncil, the
budget has been amended as desired by the City Council, but the City
Council has not reduced the amount required for debt service, or for
estimated cash deficit, or by law or Charter, and the City Council
finds and determines that the authorized expenditures 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. The document entitled IICity of West University Place,
Texas, Annual Proposed Budget, Fiscal Year Beginning January 1, 199311
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Special City Council Session, November 16, 1992
[0091
as amended through the date of adoption of this ordinance (IIBudgetll) is
hereby approved and adopted:.' A true copy of the Budget is on file in
the office of the City Secretary. In support of such budget, money is
hereby appropriated for each of the six funds listed in Exhibit A, from
the sources and for the purposes shown in Exhibit A.
Section 3. (a) That this ordinance approving and adopting a
budget for the twelve-month period hereinabove specified 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 la\'l's of the State
of Texas and shall be interpreted and construed in compliance therewith.
(b) After adoption of the budget, the City Manager shall provide the
filing of a true copy of the budget '(and each amendment) in the office
of the County Clerk of Harris County, Texas.
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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. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
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 whi~h 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 th~ public as required by law
at all times during such discus~ion, consideration and action~ The
City Council ratifies, approves and confirms such notices 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 9th day of November,
1992. ;
Voting Aye:
Voting No:
Absent:
Mayor Johnson and Council Members Kelly,
Duke, Lang and Nickell
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PASSED AND APPROVED ON SECOND AND FINAL READING this 16th day of
November, 1992.
Voting Aye:
Voting No:
Absent:
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Special City Council Session, November 16, 1992
ATTEST:
. Si gned:
~-Jf#~'+Yo;1~ /
Approved as to Form:
Kay Holloway
City Secretary
James L. Dougherty, Jr.
City Attorney
Chris Taylor, Finance and Administration Director, briefly reviewed the
anticipated income and funds availahle,for,appropriation and the
operating expenditures.
Mike Tanner, City Manager, explained that the 1993 Budget allowed for
significant improvements in public safety, dramatic changes in solid
waste management and wtll ensure drainage., Mr. Tanner .stated the Staff
truly believed that the citizens .get more IIbang for the bucku in We.st
University Place than any place else.
Copi es of Ordi nance No. 1448, in the form requi red for adopti on, 'were
available to all members of the C.ouncil.
A motion was made by Council Member Kelly, seconded byCounci 1 Member
Lang to adopt Ordinance No. 1448 on the second and final reading.
The motion was voted on with the following result.
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Nickell
and Lang .
None
Council Member Duke
ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR THE TAX YEAR
1992:
Consideration was given to matters relating to the first and final
reading of Ordinance N~. 1450.
Mayor John?on read the Ordinance as follows:
ORDINANCE NUMBER 1450
AN ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR TAX YEAR
1992; CONFIRMING AND GRANTING EXEMPTIONS; CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY.
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Special City Council Session, November 16, 1992 .
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WHEREAS, the City of West University Place, Texas (the IICityll) 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 1992, based on the City's tax rolls
for tax year 1992 which have been prepared and reviewed by the Harris
County Appraisal District; .
WHEREAS, the tax rate for tax year 1992 must not only provide
funds sufficient for debt services on the City1s bonds but must also
provide for maintenance and operation of the City;
WHEREAS, the assessor and collector of taxes for the City
(IIAssessorll) 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 Ci ty Council; , .
WHEREAS, the City Council has called and held a public hearing on
the tax rate proposed in this ordinance, after giving the required
notice; the City Council has caus'ed notke 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.iCITYCOUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
'Section 1. The matters and facts setout,;n 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,
publicati-ons, notices and other preparatory steps preceding the
consideration of this ordinance.
Section 2. The City Council hereby levies, assesses and adopts
the follbwlng tax rate per $100 ,of valuation for tax.year 1992, such
tax being levied and assessed upon all property subject to taxation by
the City:
$ 0.255
$ 0.12
$ 0.375
for purposes of maintenance and operation
for purposes of debt service
total tax rate
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Section 3. Such tax is hereby levied 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 1993 budget of the City
for the purposes indicated.'
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Special City Council Session, November 16, 1992
0094
Section 4. The Assessor is hereby directed to assess and collect
taxes on all property subject to taxation by the City on tbe basis of
100% of the 'assessed valuation thereof at the rate set by this
ordinance. The taxes levied hereby shall be delinquent after January
31, 1993.
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Section 5.- The City Council hereby confirms and reg rants the
following exemptions, subject to the legal requirements applicable to
each such exemption:
(i) $42,850.00 of the appraised value of the residence 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 otber part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by anycQurt 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 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
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 bylaw
at all times during such discussion, consideration and action. The
City Council ratifies, approves-and confirms such notice~ and the
contents and posting thereof.
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Section 9. The public importance of this measure and the
requirements of the law create an emergency and an urgent public
necessity requiring that this Ordinance be passed and take effect as an
emergency measure, and a state of emergency is hereby declared, and
,this Ordinance is accordingly passed as an emergency measure and shall
take effect and be in force immediately from and after its passage and
signature.
PASSED AND APPROVED this 16th day of November, 1992.
Voting Aye:
Voting No:
Absent:
Signed:
Whitt F. Johnson, Mayor
ATTEST:
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Special City Council Session, November 16, 1992
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Kaylynn Holloway
City Secretary
Approved as to Form:
(SEAL)
James L. Dougherty ,Jr. .
GityAttorney
Council Member Nickell requested that the Council extend a higher
exemption on property taxes to the Seniors of the City. He suggested
an amendment be made to Section 5 to increase the exemption from
$42,850 to $62,850.
Mayor Johnson replied that he thought Council Member Nickell's
amendment was at a 1 ate date 'because the effective tax rate w.oul d have
to be redone.
Mr. Taylor stated that if the exemption was raised $20,000, the City
would lose approximately $82,000 in tax revenue unle~s the tax rate was
increased. Another public hearing would have to be held and another
vote would have to betaken. T,he:Staff would:virtually have to start
over.
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Council Member Nickell stated that, unfortunately, he was sorry to hear
that but maybe next year the exemption could be changed. He added that
the Senior citizens were constantly being moved out of the City because
of the tax rate.
Council Member Kelly asked if there was any amount that theexerription
could be raised without increasing the tax rate. Mr. Tanner replied
that it could not be done without reducing the revenue generated.
Mr. Taylor stated that if the exemption was increased $2Q,000, on a
$200,000 home, the citizen would only save $60.00 a year~
Council Member Nickell asked if there were. any options without redoing
the budget. Mr. Tanner replied that he briefly discussed it with the
City Attorney and they' felt the Council needed~ to move forward with the
proposed Tax Ordinance for this year.
Mr. Tanner suggested putting the Seniorcttizens exemption as a high
pri ori ty for the next years discuss i on-. -
Copies of Ordinance No. 1450, in the formrequtred for adoption, were
available to all members of tl1e Council.
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A moti on was made by ,Counci L Memher Lang,. :seconde.d" by, Counci 1 Member
Kelly to adopt Ordinance No..1450 on the first and final reading.
The motion was voted on with the following result.
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Special City Council Session, November 16, 1992
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Nickell
and Lang
None
Council Member Duke
RESOLUTION TO ENCOURAGE COOPERATION WITH ADJOINING MUNICIPALITIES:
Consideration was given to Resolution No. 92-17 concerning a proposed
amendment to Houston's proposed zoning ordinance to encourage
cooperation with adjoining municipalities.
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City Attorney, Jim Dougherty, explained the proposed amendment for
Houston1s Proposed Zoning Ordinance. If adopted, it would help to
control the high-intensity land uses around the boundaries of the
City. He stated that the purpose was to provide for cooperation with
other municipalities and to harmonize land use regulations along
municipal boundaries.
Mayor Johnson. read Resolution No. 92-17 as follows:
0096
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RESOLUTION EXPRESSING A WILLINGNESS ON THE PART OF THE CITY OF
WEST UNIVERSITY PLACE TO COOPERATE WITH ALL ADJOINING
MUNICIPALITIES ON LAND USE REGULATIONS; PROPOSING A STANDARD
ZONING ORDINANCE AMENDMENT; AND CONTAINING FINDINGS AND PROVISIONS r-
RELATING TO THE SUBJECT. ~
WHEREAS, many land use regulations are based upon the land uses or
the zoning classifications of areas surrounding a development site; and
WHEREAS, if a development. site"is near. the city limits, it may
fa 11 into an i nadve~tent gap in the regul ati ons, b,ecause, the.
surrounding, area may fall outside the city limits, thus,causing a gap
in regulations; and
WHEREAS, this City desires to cooperate with all adjoining cities
to harmonize land use regulations and avoid such gaps; and
WHEREAS, a good methud of cooperation would be for this City, and
all adjoining municipalities to add a standard clause to their zoning
ordinances, so that the various zoning ordinances would treat areas on
both sides of the city limit line equally, thus avoiding gaps and other
inadvertent omissions; and
WHEREAS, the zoning officials of this City should be authorized
and encouraged to cooperate actively with. the zoning officials of
adjoining municipalities; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE Cny OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. The City Council formally expresses its willingness
to cooperate actively with adjoining municipalities on land use
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Special City Council Session, November 16, 1992
009;',
regulations by adopting the attached standard amendment to. its zoning
ordinance.
Section 2. The City Council urges all adjoining municipalities
in this metropolitan area to adopt the same standard amendment.
Section 3. The zoning officials of this City are authorized
and encouraged to cooperate actively with the zoning officials of
adjoining municipalities to carry out the spirit of this proposal.
Section 4. All resolutions and parts of resolutions in
conflict herewith are hereby repealed to the extent of the conflict
only.
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Section 5. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person pr 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 work, 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 th~ manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN: art. 6252-17, as amended,
and that each meeting has been open to the public as required by law at
all times during such discussion, consideration and action. The City
Council r9-ti fi es, approves and, confi rms such T)otices and the contents
and posti~g thereof. '
Section 7. This resolution shall take effect immediately upon
its adoption and signature. .
PASSED AND APPROVED THIS ~ day; of
Voting Aye:
Voting Nay:
Absent:
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Whitt F. Johnson
, Mayor
ATTEST:
Kaylynn Holloway
City Secretary
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Mayor Johnson suggested writing a letter to the surrounding cities
encouraging them to also join in the cooperation.
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Special City Council Session, November 16, 1992
A motion was made by Council Member Nickell, seconded by Council Member
Lang to adopt Resolution No. 92-17, approve the proposed zoning
ordinance and to authorize the City Attorney to move forward with the
necessary action.
The motion was voted on with the following result.
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Nickell
and Lang
None
Council Member Duke
A motion was made by Council Member Nickell, seco.nded 'by Council Member
Lang to adjourn the Special Session and convene in Executive Session.
The motion was voted on withthefoTlowing result.
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Nickell
and Lang
None
Council Member Duke
MATTERS RELATING TO COMPENSATION AND EVALUATION OF CITY OFFICERS AND
EMPLOYEES~ INCLUDING CITY'MANAGER~CITY SECRETARY AND DEPARTMENT
HEADS:
At 8:45 p.m., Mayor Johnson recessed the special session to go into a
closed executive session as authorized by the Open Meetings Act, TEX.
REV. CIV. STA. ANN., as amended, Article 6252-17. Section 2(g):
Discuss compensation and evaluation of City Officers.
Council Member Lang was excused from the executive session at 9:15
p.m. .
Mayor Johnson reconvened the special session at 9:45 p.m.
Each member of the Council considered the performance of Mike Tanner,
City Manager, his record of accomplishments and his ability to respond
to citizen complaints. Hardly a descending voice was heard. Itwas~
the decision of those pr~sent that future salary adjustments of the
City Manager would be based upon his appraisal of the Staff's
performance using the pay for performance plan which becomes effective
April 1, 1993.
A motion was made by Council Member Kelly, seconded by Council Member
Nickell to increase the salary of the City Manager from $75,000
annually to $78,750 annually retroactive to April 1, 1992 to become
effective November 1, 1992. This represents a 5% salary increase.
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The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Nickell
None '
Council Members Duke and Lang
The performance of Kaylynn Holloway, City Secretary was discussed
and it was unanimous that she,had responded well to the Mayor and City
Council's requirements, that her performance of the duties of City
Secretary were handled in a professional manner and that her
relatioriship to the public h~d been outstanding.
A motion was made by Council Member Kelly, seconded by Council Member
Nickell to increase the salary of the City Secretary $2,000 annually
to become effective January 1, 1993. This represents a 5.7% increase.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Nickell
None
Council Members Duke and Lang
The performance of other Staff members was discussed briefly.
A motion was made by Council Member Kelly, seconded by Council Member
Nickell that a $200 per month car allowance would be folded into the
salary of Steve Griffith, Chief of Police, effective November 1, 1992.
The motion was voted on with the following result:
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Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly and Nickell
None
Council Members Duke and Lang
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With no further busi,ness to come-before Council at this time, a motion
was made by Cbuncil Member Nickell, seconded by, Council Member Kelly
to adjourn.
The meeti~g adjourned at 10:15, p~m.
((.-J",5I.< q~~<
ltt F. Johns
Mayor
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Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, NOVEMBER 23, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P,.M.
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The City Couneil convenedcin workshop session in the Municipal
Building, 3800 University Boulevard, -in the City of West University
Place, on Monday, November 23,1992.- Mayor Johnson presiding, Council
Members Kelly and Duke were present. The City Manager and City
Secretary were also present. Council Members Nickell and Lang were
absent. -
The meeting convened at 7:00 P.M.
DISCUSS GROUP HEALTH INSURANCE:
Delbert Smith, Health and Benefits Consultant for the City of West
University Place was present at the,meeting to discuss the bids
received for group health insurance.
Mr. Smith reported that the City received 16 quotes for health care
services from companies within the market place. The services included I
administration and utilization review; life and accidental death and 1-
dismemberment, long term disability, specific and aggregate, drug card L....
services, preferred provider organization, minimum premium~ fully
insured plans, and health maintenance organization and dental
maintenance org~nization products~
Mr. Smith stated that after reviewing-all of the bids, there were only
two clean cut choices based on the cost and the benefits. One would be
to continue a self insured plan with a company called ESP which
literally cut the reinsurance costs in half. The second would be a
fully insured plan offered by Prudential Insurance Company. Mr. Smith
stated that based on the employee survey, there was a -desire on. the
employees I 'part to utilize the Prudential 'plans rather than the City
plan. This was most likely due to the cost of the two options.
Mr. Smith pointed out that the cost to fund the City's existing current
plan next year would have cost the City ~916,000. When the
self-insured plan was redesigned, the cost would have been $700,000.
The PruCare plan would cost the City $611,000 and would save the City
roughly $300,000. Long-term disability would be added as a new benefit
to employees.
Council Member Duke asked, if the City switched to Prudential, would
the employees have to provide evidence of reinsurability. Mr. Smith
replied that Prudential would insure the existing people with any
illnesses they have. Pre-existing conditions would only affect new
hires.
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City Council Workshop Session, November 23, 1992
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Mr. Smith stated that Prudential would sign a two year contract with a
guarantee that the rate would not be raised over a certain agreed
percentage.
Council Member Duke inquired about the long-term disability benefit.
Mr. Smith replied that it was a six month wait, and pays 60% of the
basic monthly earnings up to $6,000 per month.
Mayor Johnson asked the City Manager if he was satisfied with the
presentation, the costs and the coverage the Prudential Insurance would
provide. Mr. Tanner replied that he thought the plan would meet the
employee's,needs. Some employees would save a significant amount of
money each month if they were satisfied with the level of service
provided by the HMO plan. 'He stated that the addition of the long-term
disability plan was important.
Maygr Johnson requested a motion to adjourn the-workshop session.
A motion was made by Council Member Kelly, seconded by Council Member
Duke to adjourn.
The workshop adjourned at 7:32 p.m.
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<" ,
itt F. Jo ns
Mayor
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Kaylynn Holloway
City Secretary
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0102
CITY COUNCIL REGULAR SESSION
MONDAY, NOVEMBER 23, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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The City Council convened in regular session in the Municipal Building,
3800 University Boulevard, on Monday, November 23, 1992. Mayor Johnson
presiding, Council Member,$Ke.lly, Nickell, Lang and Duke were
present. TheCi tyManager, Publ.i c Works D,i rector, Gi ty Attorney,
Finance and Administration Director and City Secretary were also'
present~ Mayor Johnson delivered the invocation and Jordon Wong
led the Pledge of Allegiance.
The meeting convened at 7:40 p.m.
Mayor Johnson introduced Nicolas Georgiou who would be Mayor for a
Day on December 1, 1992.
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,c;o" .Ni=co'la.s 'Geot-g,ioli',:r-ea'd a Proclamation from the City of West
University Place, Texas as follows:
A PROCLAMATION FOR THE STUDENTS OF WEST UNIVERSITY ELEMENTARY SCHOOL
FROM NICOLAS GEORGIOU, MAYOR OF THE DAY FOR THE CITY OF WEST
UNIVERSITY PLACE.
THE CITY COUNCIL OF WEST UNIVERSITY PLACE PASSED RULES THAT ARE
GOOD FOR OUR STUDENTS AND CITIZENS. THEY ARE:
1. A RULE REGULATING THE USE OF GUNS AND EVEN AIR RIFLES,
2. A RULE TO PROTECT THE BEAUTIFUL TREES IN OUR CITY,
3. A RULE TO ENCOURAGE RECYCLING PAPER AND OTHER THINGS,
4. A RULE THAT NOBODY CAN SMOKE IN PUBLIC BUILDINGS.
EVERYONE SHOULD OBEY THESE RULES
Nicolas Georgiou
Mayor for the Day
DATE
RESOLUTION APPOINTING MAYOR FOR A DAY:
Consideration was given to Resolution Np. 92-18 appointing Nicolas
Georgiou as Mayor for a Day (December 1, 1992).
Mayor Johnson read Resolution No. 92-18 as follows:
City Council Regular Session, November 23, 1992
10,103
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RESOLUTION NUMBER 92-18
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 West University Elementary Parent Teacher Association
helps provide excellent opportunities for its students; and
WHEREAS, Nicolas Georgiou 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:
Sectionl. That the City Council is pleased to have Nicolas
Georgiou as Mayor for the Day and hereby designates and sets aside
December 1, 1992 as Nicolas Georgiou Mayor of the Day.
Section 2. That City Council hopes Nicolas Georgiou enjoys
this day and remembers it as an opportunity to,become,better.<!cquainted
with his Gity government~
Secdon 3. That this Resolution ,be spread in full upon the
minutes of the City Council and the Mayor be~' and he is hereby,
authorized to deliver to Nicolas Georgiou a true copy hereof,
signed by each member of the City Council present.
Bob Kelly,'.'Mayor Pro Tem
Whitt F. Johnson, Mayor
Cullen A. Duke, Councilmember
Jerry Nickell, Councilmember
Janice H. Lang. Councilmember
Attest:
Kaylynn Holloway
City Secretary
A moti onwasq made by Council Member Duke, seconded by Council Member
Lang-to adopt: Resolution No. 92-18 appointin.g .Nicolas_ Georgiou
Mayor for the Day.
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The motion was voted on witn the following result:
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VotipgAye:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickel]
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City Council Regular Session, November 23,> 1992
Voting Nay:
Absent:
None
None
BID OPENING FOR CHARLOTTE/LAKLAREA RECONSTRUCTION:
Consideration was given to bids for the Charlotte/Lake Area
Reconstruction.
The fOllQwing bids.were received:
Bidder
Total Bid
Calco Constructors
Wi lliam H.' Gray
Boyer, Inc.
Brown & Root U.S.A.
Kinsel Industries
Jalco" Inc.
Harris Construction Co.
Whitelak, Inc.
Ramex Construction Co.
$2,989.324.00
$2,90.6,005.00
$3 ,4~6, %1. 00 '
$3,029,245.00
$4,298,949.50
$4,229 ;051. 00
$4,142,911.75
$2,890,625.00
$3,534,456.00
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A motion was made by Council Member Lang, seconded by Council Member
Duke to refer the bids to Staff for recommendation.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Lang,
Duke and Nickell
None
None
ORDINANCE RELATING TO ZONING AND LAND USE:
Consideration was given to the second and final reading of Ordinance
No. 1435~
Copies of Ordinance No. 1435, in the form required for adoption, were
available to all members of the City Council.
Mayor Johnson read the caption and parts of Ordinance 1435 as follows:
, AN ORDINANCE RELATING TO ZONING AND LAND USE: AMENOING THE ZONING
ORDINANCE OF THE CITY OF WEST, UNIVERSITY PLACE, TEXAS WITH RESPECT
TO BUILDING IN REAL SETBACK AREAS (REAR YARDS); AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
The recommended amendment would allow in the rear yard, in a principal
building or an attached accessory building, garage space and up to 600
square feet (gross floor area) of other residential space, which must
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City Council Regular Session, November .23, 1992
0105
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be lo,cated above the garage space. In detached accessory bui 1 di ngs,
the garage space or:other residential space, above a garage or not; if
the other space is in the same building as a garage; the maximum
permissible size would be 600 square feet (gross floor area), in
addition .to the garage space.
A motion was made by Council Member Nickell, seconded by Council
Member Kelly to approve Ordinance No. 1435 on the second and final
reading..
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke
Lang.and Nickell
None
None
ORDINANCE GRANTING A NEW FRANCHISE TO THE TELEPHONE COMPANY:
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Consideration was given to'the second reading of Ordinance. No. 1446.
Copies of Ordinance No~. 1446~ in the form required for adoption, were
available to all members of the Council.
Mayor Johnson read the Ordinance caption as follows: ,
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AN ORDINANCE WHEREBY THE CITY OF WEST UNIVERSITY PLACE, TEXAS AND
SOUTHWESTERN BELL TELEPHONE COMPANY. AGREE THAT, FOR THE PURPOSE OF
OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY
SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER,
CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND
APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND
UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS,
BRIDGES, OR PUBLIC PROPERTY IN SAID CITY; PRESCRIBING THE ANNUAL
COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE
CONDITIONS GOVERNING ,THE, USE OF PUBLIC RIGHTS-OF-WAY AND THE
PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY
FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING
AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING, FOR A
RELEASE OF CLAIMS UNDER PRIOR CONTINGENCIES; PROVIDING FOR WRITTEN
ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND
PROVIDING FOR A TERM AND EFFECTIVE DATE.
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Mayor Johnson stated that the franchise was for a term of seven years.
The City is protected on its right-of-way, transmission lines, streets
to be restored, temporary rearrangement of aerial wires, tree trimming,
relocation of facilities, right to obtain information and compensation.
A motion was made by Council Member Nickell, seconded by Council
Member Duke to adopt Ordinance No. 1446 on the second reading.
The motion was voted on with; the ~ollowing result:
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City Council Regular Session, November 23, 1992
Voting Aye:
Voti ng Nay:
Absent:
Abstain:
Mayor Johnson, Council Members Duke, Lang
. and Ni.ckell '!
None
None .1
Council Member Kelly
REGULAR MEETING CHANGE: Consideration was given to the first.and
final reading of Ordinance No. 1451.
Mayor Johnson read the Ordinance as follows:
ORDINANCE NUMBER 1451
AN ORDINANCE CHANGING THE REGULAR CITY COUNCIL MEETING DATE FROM
DECEMBER 28, 1992 TO DECEMBER 21, 1992; AND DECLARING AN EMERGENCY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TE~AS:
Section 1. Notwithstanding Section 2-1 of the Code of
Ordi~ances of the City of West University Place, Texas, the regular
.City Council meeting date of December 28, 1992 is changed to December
21, 1992.
Section 2. A state of emergency is declared requiring passage
of this ordinance to be passed finally at this meeting.
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PASSED AND APPROVED THIS 23rd day of November 1992.
Voting Aye: "
\lotingNay:
Absent:
Signed:
Whitt F. Johnson
Mayor.
ATTEST:
Kaylynn Holloway
City Secretary
Approved as to Form:
(SEAL) ,
James L. Dougherty, Jr.
Ci ty Attorney
Copies of Ordinance No. 1451, in the form required for adoption, were
available to all members ~ftheCouncil.
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City Council Regular Session, November 23, 1992
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A moti on was made by Counci 1 Member Duke, seconded by Council Member
Lang to adopt Ordinance No. 1451 on the first and final reading.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke
Lang and Nickell
None
None
CHANGE IN APPEARANCE OF POLICE.CARS: Consideration was given to a
change in the appearance of Police cars.
Mike Tanner, City Manager, stated that the Police Chief proposed that
change be initiated in the police vehicle design to increase police
visibility and cut costs. The design would be black and white with a
new red logo. The new colors would present a strong enforcement
image. The new reflective decals are computer generated and the'cost
would be $275.00 per set. The savings would be over 50%.
Council Member Duke asked if the three new patrol cars that were
budgeted for 1993 would come from;thefactory,in the black and white
scheme and if the thY1ee patrol cars that would rollover tO,the
following year would be painted. Mr. Tanner replied that the City
would paint three additional cars depending on how soon they wished to
change to. the new scheme. ,He stated that the decals needed to be
ordered. . ,
A motion was made by Council Member Duke,; seconded by Council Member
Kelly to adopt Chief Griffith's recommendation to change the. color
scheme and marking for the police cars.
The motinn was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson" Council Members Kelly, Duke
Lang and Nitkell
.None
None
The City Attorney left the meeting at 8:20 P.M.
GROUP HEALTH INSURANCE:
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A motion was made by Council Member Duke, seconded by Council Member
Kelly to table consideration ~f the group health insurance for further
deliberation and discussio:n until Monday"No.vember ,30" 1992 at 11:00
a.m.
The motion was voted on with the following result:
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City Council Regular Session, November 23, c1992
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Voti ng Aye,:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke
Lang i and, Nickell, .
None
None
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REMOVAL OF FENCE AT COLONIAL PARK:
Consideration was given to the removal of a new cyclone fence at
Colonial Park.
Mayor Johnson invited ,Phil Stevensen, who had asked to address the
Council concerning this agenda item, to come forward and speak at this
time.
Phil Stevensen, a resident 3819 Arnold and member of ,the ,Parks and
Recreati on Board, i ndi cated that hewoul d 1 i ke to hear the Council's
o'pinion concerning the removal of the fence. at Colonial Park before
addressing the Council. He added that Carol Burke, Chairman of the
Parks and Recreation Board, was ,present at the meeting and would speak
in his place.
Council Member Kelly stated that he had spoken :withthe City Manager
about what could be done to make the fence at Colonial Park more
attractive~ ;He stated that he had also spoken to several residents in
the aY'ea:about their feelings concerning the fence. Most of tbe
residents did not know the purpose for the new fence which,was to. put
more green space in the pool area. Council Member Kelly stated that
once he had explained to the residents the plan for the new fence and
Colonia.l Park their attitude shifted to only opposing the appearance of
the fence. He stated that ,he had suggested to the City Manager that
the gates be removed from the fence so the park would not .look like a
closed off compound.
Mr. Tanner stated that the gates had been removed and some
consideration had been given to:making the area more attractive. One
of the basic problems of planting shrubs around the fence at Colonial
Park was that there was not a lot of space to plant. He stated that he
had asked the urban forester for some suggestions in the area.
Nes Tesno, the City's Urban Forester, stated that one suggestion
would be to enclose the entire fencearea~with. small shrubs. The"
larger shrubs would obstruct the sidewalk. Another option would be to
just line the front (West side) of the fence. The cost would be $2000
to $4000 depending on how many plants would be purchased.
Council Member Lang asked if the plan was still to change the fence
twice a year.
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Council Member Duke asked if the gates wou]d be put back up in the
summer.
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City Council Regular Session, November 23, 1992
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Mr. Tanner replied that now ,that the bubble was up, there was little or
no demand for utilization of the space so the interior fence would
remain and the gates would be removed from the exterior fence so that
residents could have access to the park.
Counci~ Member Nickell stated that he felt that the Council should
not spend a significant amount of money in the area when the fence was
going to bea temporary structure, pending the full development of the
park area. The park needs a more decorative type fence and the Parks
Board could probably get the needed funds over a period of time.
Council Member Nickell added that if money was going to be spent, it
would be better spent redoing the playground equipment in the area.
Carol Burke, Chairman of the Parks and.Recreation Board, stated that
she collected seventy-three signatures, who were voting residents of
West University Place, who wanted the fence to remain. She stated that
these were people who use the pool in the summer and who also
contributed to the master plan and wanted the greenspace expanded.
She stated that they agreed the fence is not pretty but,it is also the
same type of fence that has been there for thirty years and which now
has just been moved further out. Mrs. Burke added that the Parks Board
was working with the residents in the area who want to raise the money
to build another fence. She stated that, once the bubble was removed
thiS summer, the pool area would be':utilizedmore than ever. '
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Council Member Kelly stated that there may be some people in the area
who were willing to donate some plants.
The Council concurred that the,Staff'shouldmeet.with~the Parks,Board
and develop a plan for improvements in the area.
PAYMENT FOR WAKE FOREST WATER PLANT IMPROVEMENT:
Consideration was given to payment of Estimate No. 1 in the amount of
$4,230.00 to Nunn Constructors for work performed (October 19 through
October 30, 1992) in the construction of Wakeforest Water Plant
improvements (Phase 3).
A motion was made by Council Member, Nickell " seconded byCounc.i 1,
Member Kelly to approve payment of $4.230.00 to Nunn Constructors as
recommended by the Pub 1 i c Works Di,rector.
The motion was voted on with the following result:
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Voti ng Aye: Mayor Johnson " .Counci 1. Members Kelly, .Duke
Lang and Nickell
Voting Nay: ' None
Absent: None
PAYMENT' FOR WATER DISTRIBUTIONSYSTEM,AUDIT AND > UTILITY RATE:
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City Council Regular Session, Novembcer23, 1992
Consideration was given to the payment of $14,300.00 to J.B.S.
Associates for a water distribution system audit and utility rate study.
Chris Taylor, Finance and Administration Director, stated that Mr. Jim
Smith of J.B.S. Associates was present to answer any questions the
Council might have.
Mayor Johnson inquired about the leakage potential i'n the City. Mr.
Smith stated that when the water loss was analyzed over the last twelve
months, the amount was about 140 million gallons per year. He added
that approximately 70% of that loss was underground leakage.
Council Member Kelly asked if Mr. Smith had been able to determine if,
system wide, there were small leaks or if the City had some larger leak
somewhere. Mr. Smith replied that they have not determined the problem
yet but that the leak was constant.
Council Member Nickell asked if the amount of unaccounted for water
was common for a City with an infrastructure the age of West University
Place. Mr. Smith stated the City was.a little on the high side but
that every system was different. . He added that he would recommend that
the City increase its meter replacement program.
Mayor Johnson asked Mr. Smith when he expected to have a final report.
Mr. Smith replied that a draft report was being prepared now and he
'would present that to the CounciL before doing a final report. The
final report would be completed before t~e first of the year.
A motion was mi;l.de by Council Member Duke. seconded by Council Member
Lang to authorize payment of $14,300 to J.B.S. Associates.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Johnson, Council Members Kelly, Duke
Lang and Nickell
None
None
PAYMENT FOR SCOUT HOUSE CONSTRUCTION:
Consideration was given to Payment No.6 in the amount of $16,272.00 to
Purcell Construction for scout house construction.
John Stone, from Mitchell, Carlson & Associates, stated that a walk
through would probably be done by next week.
A motion was made by Council Member Lang, seconded by Council Member
Duke to approve the payment of $16,272.00 to Purcell Construction.
The motion was voted on with the following result:
Voting Aye:
Mayor Johnson, Council Members Kelly, Duke
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City Cauncil Regular Sessian,Navember 23, 1992
0111
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Vating Nay:
Absent:
Lang and N i cke 11
Nane
Nane
Mayar Jahnsan stated that the sidewalk in frant-af the scaut hause was
lawer than the tap af the curb and wauld not be able to. drain.
Mr. Menville stated that he had cansideredputting same drains and
same small grates between the sidewalk and the curb with a pipe to.
drain into..
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Cauncil Member Nickell asked haw much itwauld cast to. have the
sidewalks redane. Mr. Menville stated that it wauld cast
appraximately $200.00 to. redo. the sidewalks. Mr. Nickell stated that
it wauldbe worth the money to. correct the sidewalks.
Cauncil Member Duke asked haw much it wauld cast to. put the drains in.
Mr. Menville replied that the cast wauld be appraximately $50.00.
CauncilMember Lang stated that the area in frant af the aldscaut
hause was always fillet! with water .and wauld nat drain. She added 'that
if the City spends $50.00 to put in the drains and it does not work
than the City waul d still have to - spend the maney to. redo. the s i dewa 1 ks.
Council Member Nickell stated that since the City built a $150,000.00
scaut hause, they shauldnat. have a .sub-quality sidewalk.
Mr. Tanner stated that this item was not on the agenda and a motian
wauld be aut af arder at this time.
It was the cansensus af Cauncil to. direct the Staff to. take the
necessary steps to. carrect the sidewaJk.
Cauncil Member Lang left the meeting;at 9:15 p.m.
PAYMENT FOR ENGINEERING SERVICES:
Consideratian was given to. the payment af $19,399.88 to. Langfard
Engineering: I
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(a) Invalce No.. 6999 in the amaunt af$503.65 far Priarity Area
4, Phase 1 Sanitary Sewer Renavatian.
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(b) Invaice No.. 7000 in the amaunt af $343.63 far impravements at
the WakefarestWater: PJ ant.'
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(c) Invaice No.. 7001 in the amaunt af $6,256.90 for the design af
sanitary sewer, street and drainage impravements in the
Charlatte/Lake area.
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City Cauncil Regular Sessidn,Navember 23.,1992
0112
(d) Invoice No.. 7002 in the amaunt af $8,900.00 far design af the
city's camprehensive master plan.
(e) Invaice No.. 7003 in the amaunt af $3,395.70 far wark related
to. the Nattingham Lift Statian.
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Amatian was made by Cauncil Member Duke, secanded by Cauncil Member
Kelly to. pay $16,272.00 to. Langfard Engineering far invoice Na.'s
6999, 700Q,7001, 7002 and 7003.
Mayar Jahnsan asked that this statement be recorded in the minutes. He
read the follawingta the City Council:
"I callyaur attentian to. Agenda Item 14E, Invaice No.. 7003, in the
amount of $3,395.70 submitted by Langford Engineering far
investigatian af adar cantral at the Nattingham Lift Statian.
Mr. Dieter Uferengaged the services afHTS, Inc.,'Cansultants to.
measure the hydragen sulfide cancentrates at the Nattingham Lift
Statian.. Apparently, the'wark was perfarmed in an acceptable manner.
Therefare, they are rightfully due payment af their invaice in the
amaunt af.$300.00.
An extraardinary amaunt af time has been impased an the City Staff, [I
Public'Warks Directarand the: City, Manager to. investigate and review ....
the citizens' camplaints that have beenbraught to. the attentian af the
City Council. The City has expended many dallars far relocation af the
vent pipe which was installed abaut two. feet above graund level in
accardance with specificatians. AS.an experimental plan to. eliminate
the adar, the vent pipe was recanstructed to. a heighth af 15-18 feet
usin~ PVCpipe att~ched to. a creasated pale which_supparts the
electrical system. This was dane at City expense.
I recognize the fact that Mr. Ufer has been caaperative and explained
to. the City Cauncil the odar prablem and made recommendatians far
carrectian. Hawever, I cansider it is the respansibility af Langfard
Engineering to. design a lift statian that has a minimal amaunt af
affensive adar.
Langfard Engineering has, heretofare,designed two. life statians -
ane at the intersectian af Nattingham and Belmont Streets and
anather at the intersectian af Wakefarest and Carnegie Streets that
appear to. have few, if any, abjectianable adars.
I appase the payment af $3,095.70 to. Langfard Engineering far
investigatian afamissian af affensive adars at the Nattingham Lift
Statian as they are the designers afthe lift station and shauld be
respansible far its efficient aperatian.
In allprabability, this may be a minarity repart but I feel this is to.
the best interest af the City and wauld like this statement recarded in
the minutes af Navember 23, 1992.11
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City Cauncil Regular Sessian, Navember 23, 1992
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Council Member Nickell asked Mr. Ufer what his respanse was to. the
Mayar's abjectian to. the payment of the invaice. Mr. Ufer stated
that it was not the lift statian that stunk it was the matter that was
carried in the pumps. He added that his company had nacantral aver
the adar which was different from one side af the City to the other.
He stated that the lift statiDn, as designed, was functianal and it was
unfartunatethat the sewer that cames thraugh it is in a septic
canditionbecause af the ald system. Mr. Ufer felt this wauld
alleviate itself when the ald system was replaced with the new system.
Cauncil Member Nickell asked if the lift statian 'at Nattingham was
any different fram the ather lift statians that were canstructed. Mr.
Uferreplied that the lift statians were identical.
The matian was vated an with the fallawing result:
Vating Aye: Council Members Kelly, Duke
and Nickell. Mayar Jahnsan vated aye an
invaice no.s 6999, 7000,7001 and 7002.
Vating Nay: . Mayar Jahnson vated nay .an invaice no.. 7003
only
Absent: CauncilMember Lang
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CITY COUNCIL MEETING MINUTES:
Cansiderattan was. given to. the minutes af the Regular Sessian an
Navember 9,1992 and the Special' Sessian an Navember 16, 1992. .
Mayar Jahnsan asked that in the minutes af Navember 9, 1992, page 11,
the ward IIfar the purchase and installatian af abaaster pumpll be
added. Also. an page 15, Cauncil Member Nickell's cammentcancerning
pending litigatian with Intercity Investments shauld be changed to.
read lIif a time had been set aside far arbitratian and mediatian to.
cansider. al ternativesll.
On the Navember 16, 1992 minutes, an page 2, the name af the Cauncil
Member making the statement was left off.
A matian was made by Cauncil Member Nickell, secanded by Cauncil
Member Duke to approve the minutes with the noted amendments.
The mation was vated an with the fallowing result:
Vating Aye:
Voting Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly, Duke
and Nickell
None
Cauncil Member Lang
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COUNCIL COMMENTS:
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City Cauncil Regular Sessian, Navember 23, 1992
Cauncil Member Nickel' asked what the status af the air vent far the
Nattingham Lift Statian. Mr. Menville stated that the unit had
a 1 ready been ardered. J
Cauncil Member Nickell stated that it was his understanding that the
Cauncil was waiting far a repart ,back fram the trip to. Wiscansln. He
did nat believe the Staff was directed to. purchase the filter system.
Mr. Tanner stated that the Staff did nat go. to. Wiscansin because the
plant was shut dawn due to. snaw in the area and that ,he was tald ,by
individual members af the Cauncil to. go. farward with the purchase. He
added that the unit cauld be returned if necessary far a refund.
Cauncil Member Nickell stated that he may have an alternative to. the
prablem at the lift statian. He stated that the FMC Corparatian had
recently patented a,praduct.that is ahydragen peraxidepraduct. This
praduct cauld be put into. a system an a slaw release and wauld
basically eliminate the odors. Council Member Nickell affered the
infarmatian he had callected to. the Council and Staff.
Cauncil Member Nickell stated that the Recycling Cammittee was
cancerned abaut nat having a directive fram Cauncil. He added that he
was gaing to. lend his suppart to. them.
ADJOURNMENT:
With no further business to camebefare Cauncil at this time, amatian
was Il)ade by Council Member Kel iy, seconded by Council Member Ni ckell
to. adjaurn.
The-meeting adjaurned at 9:37 p.m.
Kaylynn Hallaway
City Secretary
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tITY COUNCIL SPECIAL SESSION
MONDAY, NOVEMBER 30, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
11:00 A.M.
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The City Cauncil canvened in Special Sessian in the Municipal Building
(3800 University Baulevard) an Navember 30, 1992, with the fallawing
members present: Mayar Jahnsan presiding, Cauncil Members Kelly, Duke,
and Nickell. The City Manager and City Secretary were als~ present.
Cauncil Member Lang was absent.
,
The meeting convened at 11:10 A.M.
GROUP HEALTH INSURANCE:
The City Cauncil canvened in Special Sessian to. cansider a bid summary
submitted by the City's Health Insurance, and Benefits Cansultant,
Delbert Smith.
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In the repart submitted by Mr. Smith, he recammended that the City
cansider ane af two. aptians. The first was to. stay self-insured and
use EBP as the claim administratar who. wauld also. pravide reinsurance.
A PPO (Preferred Pravider Organizatian) netwark wauld then need to. be
implemented which wauld include. dental, $10,000 life insurance, and
lang term disability. Thesecandaptian was a fully insured plan
accampanied by an HMO (Health Maintenance.Organizatian) and DMO (Dental
Maintenance Organizatian). The plans affered by Prudential were a
full-insured (Prudential Plus) and an HMO (pruCare) fallawed with a
DMO. Based an the passible increased savings to. the City, Mr. Smith
recammended that the City accept Prudential's bid far all three plans
affered. Hawever, he recommended that the City nat accept Prudential's
bid for life and AD&D. (Accidental Death and Dismemberment) because
their cast was higher than campeting bids and they did nat affef an LTD
(Lang Term.D,isability) praduct. . Mr. Smith recammended that. the City
accept Cammercial.Life'sbid far life, AD&D and LTD becaUSe their cast
was superiar to.. Prudential. far equivalent praducts.
City Manager, Mike Tanner, stated that the Staff decided to. survey the
emplayees' apinians an the two. aptians. The results af the survey
indicated a desire an the emplayees part to. utilize the Prudential
plans rather than the City's plan. Mr. Tanner felt that this was mast
likely due to. the cast af the two. aptians.
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Cauncil Member Kelly asked what the employees with dependent coverage
were currently paying. Mr. Tanner replied that the cast af the
dependent caverage was $125 a manth.
Cauncil Member Nickell arrived at 11:30 p.m.
'. Special City Cauncil Sessian, Navember 30, 1992
0110
Cauncil Member Duke suggested that the City implement a Sectian 125
Plan sa that emplayees could pay their premium an a pre-tax basis.
Under the Sectian 125 Plan, €mplayees at the beginning af the year, may
elect to. have their caDtributians withheld fram their pay befare taxes
are calculated.
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Cauncil Member Kelly asked if the City's current payrall system cauld
handle the implentatian af a Sectian 125 Plan. Cauncil Member Duke
stated that Mr. Smith valunteered to. pravide the 125 Plan far the City.
Mayar Jahnsan inquired about the actian being taken an Hause Bill 2,
Seriaus Mental Illness. Mr. Tanner replied that if the City Cauncil
elects to. use the Prudential Plans, mental health will already be
addressed.
Cauncil Member Duke infarmed the Cauncil that Mr. Smith felt that far
dependent caverage, the HMO Plan was very generous and suggested that
the City shauld charge the emplayees samething far dependent caverage.
Mr. Smith had recammended that the Cauncil came back in future years
and gradually add an amaunt far dependent caverage. Cauncil Member
Duke suggested beginning the HMO PLan with a naminal charge far
dependent caverage which wauld keep the City mare in line with the
private sectar.
Mr. Tanner stated that he had nat di~cussed the cantributian far the
HMO dependent caverage with Mr. Smith until after the survey had been
sent aut to. the emplayees. Mr. Tanner felt that the emplayees might
feel betrayed after being given a chaice af insurance plans which did
nat include a dependent cost and cost being the principle reason the
emplayees preferred the HMO Plan. Mr. Tanner stated that he did nat
have a prablem with presenting a charge far dependent caverage but that
he wished Mr. Smith wauld have presented the charge at the time af the
survey~
After much discussian, the Cauncil cancurred to. accept the Pru-Care
Plan with a dependent cast af $25.00 far medical insurance far 1993.
A matian was made by Cauncil Member Duke,secanded by Cauncil Member
Nickell to. accept the. bid fram Prudential far emplayeemedical and
dental caverages as autlined with a revisian of a $25.00 per manth
emplayee cantributian far dependent coverage under the HMO aptian. The
Cauncil further accepts the bid fram Cammercial Life far lang-term
di sabi 1 i ty, 1 ife and AD&D caverage.
The matian was vated an with the fallawing results:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Duke, Kelly
and Nickell
Nane
Counci 1 Member Lang'
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Special City Cauncil Sessian, Navember 30, 1992
D
With no. further business to. came befare Cauncil at this -time, a matian
was made by Cauncil Member Nickell, secanded by Cauncil Member Duke to.
adjaurn.
The meeting adjaurned at 12:12 p.m.
Kaylynn Hallaway
City Secretary
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Whitt F. Johns
Mayar
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CITY COUNCIL SPECIAL SESSION
MONDAY, DECEMBER 14, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:00 P.M.
********************
Withaut a quaruin present, the Special Sessian scheduled far Manday,
December 14, 1992 at 6:00 p.m. was nat canducted.
Mayar Whitt F. Jahnsan, Mayar Pra-Tem Bab Kelly and Mike Tanner, City
Manager interviewed three candidates far the pasitian af Parks and
Recreation Directar.
The three candidates were as fallaws:
R. Mark Mailes,
Rabert E. Sterrett,
Sherrie Knaepfel,
1316 Cable Creek Caurt
P.O. Bax 1458
12227 Alston Dr.
Grapevine, Texas
Seguin, Texas
Stafford, Texas
No. actian was taken at this time.
a~*a~
Whitt F. Jahns~
Mayar
Kaylynn Hallaway
City Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, DECEMBER 14, 1992
MUNICIPAL BUILDING
3800UNIVERSI1Y BLVD.
7:30 P.M.
****************************************
The City Cauncil canvened in regular sessian in the Municipal Building,
3800 University Baulevard, an Manday, December 14, 1992. Mayar Jahnson
presiding, Council Members Kelly and Duke were present. The City
Manager, Public Warks Directar, City Attarney, Finance and
Administratian Directar, Fire Chief and City Secretary were also.
present. Mayar Jahnsan delivered the invocatian and CaLincil Member
Kelly led the Pledge af Allegiance. Cauncil Members Lang and Nickell
were absent.
PUBLIC HEARING REQUIRED FOR UTILITY RELOCATION:
The purpase af the hearing was to. pravide residents affected by utility
relacatian (Sanitary sewer lines in Priarity Area 1) an appartunity to.
address the City Cauncil.
A matian was made by Cauncil Member Kelly, secanded by Cauncil Member
Duke to. call the public hearing to. arder.
The matian wasvated an with the 'fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan" Cauncil Members Kelly and Duke
Nane
Cauncil Members Lang and Nickell
The hearing canvened at 7:42 p.m.
Ed Menville, Public Warks Director, presented a map of Priarity Area
1, which was ane af th~ first sewer replacement pragrams in the City.
Mr. Menville stated that the Public Warks Department had attempted to.
ensure that a11 the residents in the area had switched aver to. the new
sewer lines. Five praperties lacated in priarity area 1 have never
cannected to. the Ci ty' s new sanitary sewer' li nes. All properti es must
be an the new line befare the City can seal-aff the old sewer line.
All af the five praperties are vacant except ane.
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Mr. Menville stated that the purpase afthe public hearing was to.
give the individuals an appartunity to. give cause as to why their sewer
lines shauld nat be discannected. He added that their failure to.
appear at the public hearing and shaw cause would be an indication that
the City shauld mavefarward and physicalily dis.cannect the sewer l,ines
fram the lacatians.
Mayar Jahnsan read the addresses and the known awners. af.the five
praperties:
City Cauncil Regular Sessian, December 14, 1992
6636 Vanderbilt
6518 Mercer
6448 Bramptan
6315 Belmant
6338 Buffalo. Speedway
J. H. Hadgin
Catherine Caats
Terry Gladys
Hetnrich Taegtmeyer
Marco. Calderon Praperties
Mayar Jahnsan asked if the awners had been cantacted and infarmed af
the public hearing. Mr. Menville replied that the awners had been
cantacted by registered mail.
Mayar,Jahnsanasked the City Attorney if the City was within its legal
rights to. praceed with the discannectian af the sewer lines.
J.im Daugherty, Gity.Attarney, stated .thataslang as the City has
given the owners an appartunity to.speak. at the public hearing and the
determinatian has been made that natice has been given, then, Mr.
Menville cauld show that it is feasible to proceed with the sanitary
sewer line switch.
Cauncil Member Duke asked the Public Warks Directar haw he was able to.
determine the five specific lacations which had nat switched to. the new
1 i nes . Mr. Menvi 11 e repl i ed that bycl arifyi ng which residents were
actually recannected to the new line and by callating, the permit and
pracedure infarmation pravided by the Building Divisian, the Staff was
able to. determine the five Tacatians.
Cauncil Member Duke asked what wauld be dane in arder to. actually cut
the five lacatians aff the ald sewer line. Mr. Menvil)e replied that
utility warkers would enter thepraperty, go. to the rear easement and
physically break and seal the line.
A matianwas made by Cauncil Member Duke, secanded by Cauncil Member
Kelly to. clase the public hearing.
The matian wasvated an with the fallawing result:
Vating. Aye:-
. . VatingNay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly and Duke
Nane
Cauncil Members Lang and Nickell
The,public hearing clased at 7:49 p.m.
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A matian was made by Cauncil Member Duke, secanded by Cauncil Member
Kelly- to. .autharize the City Staff to. carry aut, the discannects an the
praperties as indicated far failure to. camply with the relacatian
requirement.
The motion was vated on with the fallowing result:
Vating Aye:
. Vating Nay:
Absent:
Mayar Johnsan, Cauncil Members Kelly and Duke
Nane
Cauncil Members Lang and Nickell
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City Council Regular Sessian, December 14, 1992
191_21
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BIDS FOR CHARLOTTE/LAKE AREA RECONSTRUCTION:
Consideratian was given to bids received Navember 23, 1992 far
Charlatte/Lake Area Recanstructian.
Mike Tanner, City Manager, stated that the law bid submitted far the
Charlatte/Lake Area Recanstruction was submitted by Whitelak, Inc. in
the amaunt af $2,890,625.00. The Cansulting City Engineer and the
Staff have reviewed the bid and faund it to. be in arder and recammended
the bid be appraved. Mr. Tanner stated that Whitelak, Inc. has met ar
exceeded the needs af the City each time they were awarded a contract.
Mayar Jahnsan stated that the City was spending $100,000.00 ,tapratect
the trees in the Charlatte/Lake Area.
A matian was made by Caunci 1 Member Kelly, secanded by Cauncil Member
Duke to. award the constructiancantract in' the Charlatte/Lake Area in
accardancewith the recommendation of the Staff and Consulting Engineer
to. Whitelak, Inc. in the amaunt af $2,890,625.00.
The matian was vated an with the fallawing result:
Vating Aye:
Voting Nay:
'.Absent:
Mayar Jahnsan, Cauncil Members Kelly and Duke
None
Cauncil Members Lang and Nickell
o
BIDS FOR PURCHASE OF 1993 AMBULANCE:
Cansideratian was given to bids received and apened December 7, 1992
far the purchase af a 1993 Type 1 ambulance with a Fard F-350 Super
Duty Chassis.
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The fallawing bids were received:
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Bi dder .
Net Amaunt Bid
Trade-In
Taylar Made Ambulances
Frazer, Inc.
Ambulance Sales and Service
$59,900.00
$63,700.00
. $79,101.00
$ 5,000.00
$ 5.,000.00
$11,000.00
o
Fi.re Chief,. Ter'ry Stevensan stated that the law. bid rec.eived. fram
Taylar Made Ambulance af Newpart, Arkansas did nat_ include a 100%.
perfarrnance bond as specified in the bid specif.icatians. An additianal
$1,650.00 must be added to caver this band.
Chief Stevensan recammended that the award af bid go. to. Taylar Made
Ambulance in :the amaunt $61,550.00. -
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Mayar Jahnsan asked what kind af vehicle the Chassis wauld bemaunted
an. Chief Stevens an replied the chassis wauld be maunted an a 1993 tan
and ane half Fard diesel.
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City Council Regular Sessian, December 14, 1992
Caunci 1 Member Duke asked if tbel ow hid fram Taylor Made Ambulance was
F.O.B. West University Place.. Chief Stevensan replied that the
ambulance would be delivered to. the City.
A faurth grade student from West University Elementary was present at
the meeting and asked why the City was buying a new ambulance. Chief
Stevensan replied that the present ambulance was a 1985 madel which was
, cansidered ald far a vehicle that the City depends an far emergency
calls. The City tries to be an a vehicle replacement pragram of every
five to. seven years.
Anather student asked the Cauncil if the City cauld repair a cancrete
header that was damaged during a storm an her street between
Westchester and Albans. Mayar Jahnson replied that the Public Warks
Directar was aware af the damage an her street.
A matian was made by CauncilMember Duke; secanded by Gauncil Member
Kelly to. accept the Fire Chief's recammend.atian to. accept the law bid
fram Taylar Made Ambulance in the amaunt af $61,550.00 including the
perfarmance band less the trade-in af $5,000.00 far a tatal af
$56,550.00. '
The motion was vated on with the fallowing result:
Vating Aye:
Vating Nay:
Absent:
MayarJahnsan,Cauncil Members Kelly and Duke
Nane
Cauncil Members Lang and Nickell
PROPOSED ZONING IN THE CITY OF HOUSTON:
Cansideratian was given to. the prapased zaning in the City af Haustan,
its effect upan West University Place 'and related matters.
Mr. Daugherty pravided a map to. the City Cauncil which included changes
to. the,prapased zaning in the City af Haustan that have accurred in the
past few weeks. He painted aut that ane area which was zaned
"residentialll shauld actually be marked as lIapenll zaning. Anather area
an the map which needed to. be changed was an area which was zaned as
"green spacell but it also. included the lacatian af the.City's sewage
treatment plant. Mr. Daugherty painted aut that an area east af the
City's Old landfill (which is naw a prapased galf caurse), is an area
zaned as IIresidentialll. He Stated that this area prabably included a
buffering requirement which may require inapprapriate expenses far the
Ci ty. Si nce the 1 andfill is naw,.a prapasedga lf caurse, the zani ng
shauld be changed fram lIapenll to., IIgreen spacell.
Mayar Jahnsan inquired about the status af the prapase9golf caurs,e
agreement. Mr. Tanner replied that a Contract had been farwarded to.
Bellaire and if appraved by them and the cantractar, the cantract wauld
be presented to the City Cauncil far appraval.
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City Cauncil Regular Sessian,December 14, 1992
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Mr. Daugherty suggested that the Cauncil adapt a matian to. autharize
the Staff to. praceed with, the requests far changing the zaning.
A matian was made by Cauncil Member Duke, secanded by Cauncil Member
Kelly to. autharize the City Attarney and City Staff to. hald further
discussians with the City af Haustan in an attempt to. address the
zaning issues as presented with respect to. the landfill site and the
sewage treatment plant.
The matian was vated an with the fallawing result:
Voting Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly and Duke
Nane
Cauncil Members Lang and Nickell
The City Attarney left the meeting at 8:25 p.m.
BID OPENING FOR SOLID WASTE 'DISPOSAL:
Cansideratian was given to bids far the dispasal (Landfill) af salid
waste.
o
The fallawing bids were received:
Bidder
Bid Amaunt
Waste Reduction Systems, Inc.
Brawn-Ferris Industries
$6.50 per cubic yard
$5.75 per cubic yard
A matian was made by Cauncil Member Kelly, 'secanded by Council Member
Duke to. refer the bids to. Staff far a recammendatian at the next
regular City Council meeting.
The matian was vated an with the fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly and Duke
Nane .
Council Members Lang and Nickell
BID OPENING FOR BRUSH CHIPPER:
Consideration was given to bids far the purchase af 1993 heavy duty
brush chipping machine used in limb callectian.
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City Council Regular Session, December 14, 1992
0124
The fallowing bids were received:
Bidder
Bid Amaunt
Alternate Bid
Galdthwaite's of Texas, Inc.
Vermeer Equipment afTexas
Pastan'Equ;-pment Sales Campany
Braakside Equipment Sales, Inc.
Mustang Tractar & Equipment Ca.
$13,893.00
$16,800.00
$14,695.00
$14,677.00
$16,630.00
$13.250.00,
Mayar Jahnsan asked why the City wauld n~ed a chipper machine with the
capability af cutting a tree twelve inches in diameter. Mr. Menville
replied that itwas'nat anly the tre'ediameter but also. the width af
the brush camingoff the tree.
A motion was made by Council Member;Duke, seconded by Council Member
Kelly to. refer the bids to Staff far recammendatian at the next regular
City Cauncil meeting.
The matian was vated an with the foHawingTesult:
, Voting' Aye:
Vating Nay:
Absent:
MayarJohnsan, CauncilMembers Kelly and Duke
Nane
Cauncil Members Lang and Ni ckell
BID OPENING FOR PARK. GROUNDS AND RIGHT-OF-WAY MAINTENANCE:
Cansideratian was given to. bids far the City park, graunds and
right-af-way maintenance.
The fallawing bids were received:
Bidder
Bid Amaunt
The Davey Campany
Sauthern Lawn Services, Inc.
C.H.C. and Sans Lawn 'Systems
Landscape Prafessianals af Texas
Ultimate Landscape'
Talman Building Maintenance, Inc.
$31,987.00
$71,532.15
$29,574.35
$50,600.00
$73,205.00
$44,370.00
A matian was made by Cauncil Member Duke; secanded by Cauncil Member
Kelly to. refer the bids to. Staff far recammehdation at the next regular
Ci ty Cauncil meeting".
The matian was vatedan with the fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly and Duke
Nane
Cauncil Members Lang and Nickell
6
City Cauncil Regular Sessian, December 14, 1992
I
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BID OPENING FOR THE PURCHASE OF GARBAGE BAGS:
The fallawing bids were received:
Bidder
,Bid Amaunt
Bemis Campany, Inc.
Envira Cantral Praducts
Arraw Industries
$56,697.21
$75,400.00
$56,940.00
Mayar Jahnsan asked haw the number af garbage bags far the City was
determined. Mr. Menville replied that there are 52 bags per rall times
6500 ralls per peri ad times 3 periads per year. The net wauld be
1,014,000 bags annually.
A mation was made by Cauncil Member Duke, secanded by Cauncil Member
Kelly to. refer the bids to. Staff far recammendatian at the next regular
City Cauncil meeting.
The matian was vated an with the fallawing result:
Vating Aye:
Voting Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly and Duke
Nane .,",
Cauncil Members Lang and Nickell
o
ORDINANCE GRANTING A NEW FRANCHISE TO THE TELEPHONE COMPANY:
The third and final reading af this agenda item will be cansidered at
the regular sessian an December 21, 1992.
1992 BUDGET AMENDMENT:
Cansideration was given to. the first and final reading af Ordinance No..
1452.
Chris Taylar, Directar af Finance and Administratian, recammended the
Council approve the Charlotte/Lake Area budget amendment for the 1992
budget. The amendment is in the amaunt af $215,000 to. be appropriated
aut af the Series 1992 Band praceeds.
Mayar Jahnsan read the captian af the Ordinance as fallaws:
o
ORDINANCE No. 145,2 ,
AN ORDINANCE AMENDING ORDINANCE NO. 1412 WHICH APPROVED THE BUDGET OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 1992, AND ADOPTED ON NOVEMBER 25, 1991; CONTAINING FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY.
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City Cauncil Regular Sessian, December 14, 1992
Capies af Ordinance No.. 1452, in the farm required far adaptian, were
available to. all members af the Cauncil.
A mation was made by Cauncil Member Duke, secanded by Cauncil Member
Kelly to. adapt Ordinance No.. 1452.
The matian was vatedan with the fallowing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly and ,Duke
None
Cauncil Members Lang and Nickell
PAYMENT OF LEGAL FEES:
Consideration was given to. the payment. of $3,795.14 to the City
Attarney far legal services provided during the month af Navember.
The City Manager stated that he had reviewed the fees, faund them to. be
in arder and recammended appraval.
A motion was made by Council Member Kelly, secanded by Council Member
Duke to. pay the City Attarney in the amaunt af $3,795.14 far legal
services pravided during the manth af Navember 1992.
The matian was vated an with the fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Johnson, Cauncil Members Kelly and Duke
Nane
Cauncil Members Lang and Nickell
PAYMENT FOR BOND COUNSEL:
Cansideratian was given to. the payment af $7,951.96 to. Vinsan & Elkins
far services received in cannectian with the 1992 band sale.
A matian was made by Cauncil Member Duke, secanded by Cauncil Member
Kelly to.' autharizepayment to. Vinsan and Elkins Band Caunsel in the
amount af $7,951.96. '
The matian was vated an with the fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly and Duke
Nane,
Cauncil Members Lang and Nickell
8
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City Cauncil Regular Sessian, December 14, 1992
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PAYMENT FOR FINANCIAL ADVISORS:
Cansideratian was given to. the payment af $37,481.11 to. Rauscher Pierce
Refsnes, Inc., far financial advisary services and related casts.
Mr. Taylar stated that the invaice- was far $17,350.00 plus aut af
packet expenses af $20,131.11 as agreed. ,
A matian was made by Cauncil Member Kelly, secanded by Cauncil Member
Duke to. pay Rauscher Pierce Refsnes, Inc. in the amaunt af $37,481.11
far financial advisary services and related casts to. the band sale.
The matian was voted an with the fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly and Duke
Nane
Cauncil Members Lang and .Nickell
CITY COUNCIL MEETING MINUTES:
o
Cansideratian was given to. the minutes af the fallawing City Cauncil
meetings:
(a) City Cauncil Warkshap Sessian an Navember 23,'1992
(b) City Cauncil Regular Sessian an Navember 23, 1992
(c) City Cauncil Special Sessian an Navember 30, 1992
Mayar Jahnsan asked the City Secretary to. recard in the minutes af
Navember 23, 1992 Warkshap Session that Cauncil Member Lang and Nickell
were absent.
A matian was made by Cauncil Member Duke, secanded by Cauncil Member
Kelly to. approve the minutes af Navember 23 and Navember 30, 1992 as
carrected~
The matian was vated an with the fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly - and Duke
Nane '
Cauncil Members Lang and Nickell
COUNCIL COMMENTS:
[j
Mr. Tanner infarmed the Council that Dieter Ufer, City's Cansulting
Engineer, was at a paint in the City.s camprehensive capital
impravement plan where he cauld nat praceed unless the Staff and the
Strategic Actian Cammittee assist him in establishing the districts in
the City.
9
City Council Regular Sessian, 'December 14, 1992
Mayar Jahnsan stated that he had several residents who. had asked to. be
appainted to. the Strategic Actian Cammittee. He asked the City Manager
to. cansider the 15th af January as a date far a meeting with the SAC
Cammittee.
Mayar Jahnsan suggested that the Cauncil autharize the Cansulting
Engineer to. begin the designaf Priarity Area 6A.
Cauncil Member Kelly asked that the design af Priarity Area 6A be added
to. the agenda far December 21, 1992 for consideratian.
ADJOURNMENT:
With no. further business to. came befare Cauncil at this time, a matian
was made by Cauncil Member Duke, seconded by CauncilMember Kelly to.
adjaurn.
The meeting adjaurnedat 9:15 p.m.
Kaylynn Hallaway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, DECEMBER 21, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
****************************************
The City Cauncil canvened ln warkshap sessian in the Municipal
Building, 3800 University Baulevard, in the City af West University
Place, an Manday, December 21, 1992. Mayar Jahnsan presiding, Cauncil
Members Kelly, Lang and Duke were present. The City Manager,
Finance and Administratian Directar and City Secretary were also.
present.
CONSIDER PAY FOR PERFORMANCE PLAN AND RELATED ISSUES:
o
Mayar Jahnsan reminded the Cauncil that the Water's Cansulting Graup
was engaged to. canduct a pay far perfarmance plan far the City af West
University Place. An additianal study was canducted at the request af
the Cauncil Members to. review the internal equity af the cammand
pasitians in the Fire and Pal ice Departments. The pasitians included
in this additional study were the Fire Captain, Fire Lieutenant, Pal ice
Captain, Pal ice Sergeant and Pal ice Lieutenant.
o
Mike Tanner, City Manager, stated that the final repart an the
additianal study by Water's Cansulting Graup cancluded that there was
no. daubt that the positian of Police Carparal shauld be raised one
grade, fram 39 to. 40, and that there was no. significant difference
between the value af the Pal ice Sergeant and the value af a Fire
Lieutenant. The repart cancluded that there was a significant
difference between the value af a Pal ice Sergeant and Fire Captain.
Water's Cansulting Graup reparted that the Cauncil cauld cansider
raising the Pal ice Sergeant ane gradewithaut undermining the integrity
af the averall study. Mr. Tanner stated that Water's Cansulting Graup
was essentially standing behind their ariginal findings an the first
repart.
Mr. Tanner stated that there was nat any real dispute cancerning the
pay far performance plan other than the Police/Fire parity and the
Cauncil needed to. decide befare the end af the year if they wanted the
Staff to. implement the pay plan.
Cauncil Member Kelly stated that ane af the key campanents that Water's
Cansulting Group discussed in the study was internal equity. He added
that cansideration should be given to haw internal equity is perceived,
nat anly by the Cauncil but within the departments. Cauncil Member
Kelly felt that it was important that the Palice Sergeant was an the
frant line, in a supervisary pasitian. He stated that he was laaking
far same way,withaut undermining the Pal ice Captain ar Fire Captain,
to. try to. get mare internal equity to. the Pal ice Sergeant. The Pal ice
,_~J
City Cauncil Warkshap Sessian, December 21, 1992
0130
Sergeant'cauld be moved up a pay grade withaut putting them in the same
categary as a Fire Captain.
Cauncil Member Kelly stated that he was gaing to. prapase in the regular
sessian that the Cauncil adapt the Water's Graup pay plan with an
additianal amendment to. move the Pal ice Se~geant ane grade higher.
Cauncil Member Duke stated that Water's Cansulting Graup recammended
that the current rankings af Fire Captain, Fire Lieutenant, Police
Captain and Pal ice Sergeant shauld remain the same.
Cauncil Member Kelly stated that the recammendatian also. reparted that
a case cauld be made that the Pal ice Sergeant shauld be ane grade
higher than the Fire Lieutenant. Cauncil Member Kelly felt that the
prablem between the Pal ice and Fire Departments would nat be campletely
salved but by maving the Pal ice Sergeant ane grade higher wauld be a
mave in the right directian and wauld nat cast the City any more maney
except maybe in the lang run where the Sergeant's pay wauld nat reach
the tap af their pay scale as saan.
Cauncil Member Duke stated that it wauld cast the City mare maney by
putting the Pal ice Sergeant in a higher pay scale. The plan is
designed so that no. employee wauld top out but by putting them in a
higher pay scale, they will be paid mare thraugh aut their career.
Cauncil Member Duke stated that he was nat sure this was a step in the
right directian because the cansultants recammended the current
rankings af these emplayees shauld remain the same.
Council Member Kelly stated that the Police Sergeant's would be making
the same salary at the next grade level because there was an averlap in
the salary rates.
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Mr. Tanner stated that, accarding to. the table in the final repart
submitted by Waters, the difference between the most a Pal ice Sergeant
cauld make in the lower grade and the higher is $363.00 per manth. The
cast wauld be greater in the lang term.
Cauncil Member Duke stated that the City hired a cansultant to. make a
canclusian and, if the Cauncil daes nat fallaw their recammendatian,
then the Cauncil cauld passibly be setting a precedent far every
employee graup in the City that has a grievance abaut their jab rating.
CauncilMember Lang stated that she wauld suppart the change in the
rankings within the system but she was apposed to. any acrass the baard
increases.
Cauncil Member Nickell arrived at 7:00 P.M.
Mr. Tanner stated that the average pay increase wauld be 4%. Same
emplayees wauld get mare, same wauld get less but there were no.
autamatic increases in pay.
Cauncil Member Nickell stated that he was samewhat disappainted in
the final letter fram Waters Cansulting Graup. He added that he felt
City Cauncil Works hap Sessian, December 21, 1992
0131
there needed to. be parity between the two. departments. Fire Captains
are an an haurly pay which included avertime pay where .ather emplayees
an that same pay grade were an set salaries.
It was the cansensus af Cauncil to. apprave the Waters Cansulting Graup
pay plan with the recammended amendment to. raise the Pal ice Carparal
ane grade level.
Cauncil Member Kelly stated that he wauld make a matian to. amend the
plan to. include the increase far the Pal ice Sergeant.,
Mr. Tanner stated that the Cauncil needed to. hald a special sessian
befare the end af the year to. appravea resalutian far the adaptian af
a Sectian 125 plan.
The Cauncil agreed to. meet an December 28, 1992 at 8:00 a.m.
A motian was made by Cauncil Member Duke; secanded by Cauncil Member
Kelly to. adjaurn.
The warkshap adjaurned at 7:28 P.M.
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. 1 tt F. Jahnsa ,---
Mayar
Kaylynn Hallaway
City Secretary
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0132
CITY COUNCIL REGULAR SESSION
MONDAY, DECEMBER 21, 1992
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
****************************************
[
The City Cauncil canvened in regular sessian in the Municipal Building,
3800 University Baulevard, an Manday, December 21, 1992. Mayar Jahnsan
presiding, Cauncil Members Kelly, Duke, Lang and Nickell were present.
The City Manager, Public Warks Director, City Attarney, Finance and
Administratian Directar and City Secretary were also. present. Mayar
Jahnsandelivered the invacatian and Cauncil Member Lang led the Pledge
af Allegiance.
RESOLUTION OF APPRECIATION FOR CITY EMPLOYEES:
Cansideratian was given to. Resalutian No.. 92-19 recagnizing and
appreciating City emplayees.
Mayar Jahnsan read the Resalutian as fallaws:
RESOLUTION NUMBER 92-19
L
WHEREAS, West University Place is recagnized as ane af the mast
prestigiaus and desirable places in the Houstan Metrapolitan Area to.
live; and,
WHEREAS, an autstanding City gavernment that many cqnsider a madel
has ensured such recagnitian will cantinue; and,
WHEREAS, the emplayees af the City af West University Place are
primarily respansible; and, .
WHEREAS, City emplayees are seldam recagnized far their public
service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Sectian 1., That the City Cauncil recagnizes West University Place
emplayees and their public service.
Sectian 2. That the City Cauncil supparts and appreciates West
University Place emplayees.
Sectian 3. That this Resalutian be signed by each member af the
City Cauncil and that the Mayar be, and he is hereby, autharized to.
deliver to. each emplayee a true capy hereaf.
l.
PASSED AND APPROVED this the 21st day af December, 1992.
City Council Regular Sessian, December 21., 1992
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Whitt F. Jahnsan, Mayar
Bab Kelly, Mayar Pro. Tern
Cullen Duke, Cauncilmember
Janice Lang, Cauncilmember
ATTEST:
Jerry Nickell, Cauncilmember
Kaylynn Hallaway, City Secretary
A matian was made by Cauncil Member Nickell, secanded by Cauncil Member
Duke to. adapt ResalutianNa.92-19.
The matian was vated an with the fallawing result:
[J
Vating Aye:
Vating Nay:
Absent:
,.1, .',
Mayar Jahnsan, Cauncil Members Kelly, Duke
Lang and .Ni,cke 1,.
Nane
Nane
ORDINANCE GRANTING A NEW FRANCHISE TO THE TELEPHONE COMPANY:
Cansideration was given to the third and final reading af Ordinan~e No..
1446.
Mayar Jahnsan read the Captian af Ordinance No.. 1446 as fallaws:
o
AN ORDINANCE WHEREBY THE CITY OF WEST UNIVERSITY PLACE, TEXAS AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF
OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE, TELEPHONE COMPANY SHALL
MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES,
MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN,
ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS,
AVENUES, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC PROPERTY IN
SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS
ORDINANCE;,PRESCRIBING THE .cONDITIONS GOVERNING THE USE OF PUBLIC ,
RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON
PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS
BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS;
PROVIDING FOR A RELEASE OF CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR
FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS
ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN
EFFECTIVE DATE.
2
City Cauncil Regular Sessian, December 21, 1992
0134
Capies af Ordinance No.. 1446, in the farm required far adaptian, were
available to. all members af the Cauncil.
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Cauncil Member Lang asked if the City was functioning in a capacity
similar to. the Public Utilities Cammission.
Mike Tanner, City Manager, replied that the Public Utilities Cammissian
retains autharity in the matter, while the City cauld challenge what
Haustan Light and Pawer might do., they could ultimately appeal to. the
P.U.C.
Cauncil Member Duke stated that the City was actually granting
Sauthwestern Bell the right to. use the City's rights-af-way to. install
and aperate their equipment and pravide the service in return far which
the City is compensated.
Cauncil Member Lang commented that the tax payers were not given any
farewarning that their payments wauld be increased.
A matian was made by Cauncil Member Duke~ secanded by Cauncil Member
Nickell to. adapt Ordinance No.. 1446, granting a new franchise to.
Sauthwestern Bell Telephane Campany.
The matian was vated on with the fallowing result:
Vating Aye:
Vating Nay:
Absent:
Abstain:
Mayar Jahnsan, Cauncil Members Duke, Lang
and Nickell
None
None
Cauncil Member Kelly
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ORDINANCE RAISING UTILITY (WATER AND SANITARY SEWER) RATES:
Cansideratian was given to. the first and final reading af Ordinance No..
1449.
Chris Taylar, Directar af Finance and Administratian, stated that
Ordinance No.. 1449 was submitted far the Cauncil's appraval to. set new
water and sewer rates. He stated that the Cauncil had discussed
setting the rates sa that the City's aver 65 custamers wauld have
minimum impact. Far legal reasans the City is nat able to. discriminate
between the users to. pravide the aver 65 custamers discaunted rates,.
Mr. Taylar stated that the impact wauld be minimal.
Mr. Tanner stated that, since the, City could nat go. farward with the
Seniar Citizen discount, then the Caunci] cauld cansider the over 65 ad
valarem taxexemptian in the next ,few manths.
Cauncil Member Nickell asked haw the City offered the Seniar Citizens a
discaunt an garbage. Mr. Taylar replied that it was nat a public
utility and was subsidized by tax maney.
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City Cauncil Regular Sessian, December 21, 1992
0135
Mayar Jahnsan read the captian af the ardinance ,as fallaws:
ORDINANCE NO. 1449
AN ORDINANCE ESTABLISHING AND CHARGES FOR WATER AND WASTEWATER UTILITY
SERVICES PROVIDED BY THE CITY; SUPERCEDING AND AMENDING PRIOR FEES AND
CHARGES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE
SUBJECT; AND DECLARING AN EMERGENCY.
Capies afOrdinance No.. 1449, in the farm required far adaptian, were
available to. all members afthe Cauncil.
Council Member Nickell asked the City Attarney if he felt there was
strang reasan to. nat move farward with the Seniar Citizen exemptian and
if there had been any legal cases with the Texas Water Cammissian
invalving these exemptians.
o
Jim Daugherty, City Attarney, replied that he did nat find a case in
Texas but the rule was that peaple must be treated the same.
Mayar Jahnsan cammented that he did nat think the Cauncil shauld make
the City vulnerable and shauld camply with the regulatian and the law.
Council Member Nickell asked if the regulatians were specific in that
regard. Mr,. Dougherty repl ied that the infarmatian was all based an
general cases that basically required equal treatment. He added that
the T.W.C. was very ariented taward cast af service.
Mr. Tanner stated that the T.W.C.'s cases usually related to.
inter-gavernmental sales or surface water sales.
Cauncil Member Ni ckell stated that mast 1 i kely the City af West
University's water rate ardinancewauld ,prabably nat be significant
enaugh tameri t that type af an investigation.,
. ,
Mr. Tanner stated that the City was abviauslynat that exposed.
A matian was made by Cauncil Member Duke, secanded by Cauncil Member
Lang, to. adapt Ordinance No.. 1449 ~n the first and final reading.
The matian was vated an with the fallawing result:
Vating Aye:
Vating Nay:
Absent: '
Mayar Jahl1san, Cauncil Members Kelly, Duke
and Lang
Cauncil Member Nickell
Nane
o
1992 BUDGET AMENDMENT:
Cansideratian was given to the first and final reading af Ordinance No..
1453.
4
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City Cauncil Regular Sessian,. December 21, 1992
0136
Mr. Taylar stated that Ordinance No.. 1453 was basically reallacating
funds far the year end that were already apprapriated.
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Mayar Jahnsan read the captian af the ardinance as fallaws:
AN ORDINANCE AMENDING ORDINANCE NO. 1412 WHICH APPROVED THE BUDGET OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 1992, AND ADOPTED ON NOVEMBER 25, 1991; CONTAINING FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY.
Capies af Ordinance No.. 1453, in the farm -required far adaptian, were
available to. all members af the Cauncil.
A matian was made by Cauncil Member Lang, secanded by Cauncil Member
Kelly to. adapt Ordinance No. 1453.
The matian was voted on with the following result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly, Duke,
Lang and Nickell
Nane
Nane
The City Attarney left the meeting at 8:03 P.M.
BIDS FOR SOLID WASTE DISPOSAL:
Cansideratian was given to. bids received December 14, 1992 far the
dispasal (landfill) of salid waste.
Ed Menville, Directar af Public Works, stated that the Staff
recammended the secand law bid af $6.50 per cubic yard per year as
submitted by Waste Reduction Systems, Inc. The law bid submitted by
BFI Waste Systems did nat meet specificatians pravided because they
added an adjustment in cast far each of the three years.
Mr. Menville stated that the raute to. WRS was an the expressway with no.
farm to. market raads to. travel. WRS has anly a five minute wait where
BFI cauld exceed several haurs depending an weather canditians and the
number of vehicles waiting. The damage to. the City's vehicles was
minimized since the WRS site was fully enclased and was paved with
cancrete.
A matian was made by Cauncil Member Duke, secanded by Cauncil Member
Lang, to. accept the Staff's recammendatian and autharize the Staff to.
enter into. a can tract with Waste Reductian Syst~ms Inc. far three years
as bid.
The matian was vated an with the fallowing result:
Vating Aye:
Mayar Jahnsan, Cauncil Members Kelly, Duke,
Lang and Nickell
5
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City Cauncil Regular Sessian, December,21, 1992
013i7
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Vating Nay:
Absent:
Nane
Nane
BIDS FOR THE PURCHASE OF GARBAGE BAGS:
o
Consideratian was given to. bids received December 14, 1992 far the
purchase af .0020 milimeter palyethylene garbage bags.
Mr. Menville stated that the Staff was recammending the law bid af
$56,697.21 submitted by Bemis Campany Inc., lacated in Terre Haute,
Indiana. Bemis Campany has pravided bags to. the City af West
University Place previausly withaut prablems related to. praduct quality
ar delivery.
A resident present at the meeting asked the City Manager if the City
cauld go back to. the lacal vendar and initiate negatiatians sa the
business wauld stay in Texas. Mr. Tanner replied that the City was nat
permitted to. do. that. In mast cases, the City is required to. take the
low bid., There are specific circumstances in which the City cauld
reject the law bid but most af the time that was not passible. '
A matian was made by Cauncil Member Lang, secanded by Cauncil Member
Duke to. accept theStaff's recammendatian to. award the law bid to. Bemis
Company Inc. in the amaunt af $56,697.21 far garbage bags.
The matian wasvated;,an with the fa'lawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members K~lly, Duke,
Lang and Nickell,
Nane
Nane
BIDS FOR PARK, GROUNDS AND RIGHT-OF-WAY MAINTENANCE:
. . , . .i
Cansideratian was given to. bids 'received December 14, 1992 far City
park,graunds and:Tight~af,:",way, maintenance.. '; i
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Mr. Tanner stated that the Staff was recommending that the law bid of
$29,574.35 submitted by C.H.C. & Sans Lawn and Landscape Maintenance be
accepted.
Mayar Jahnsan asked haw extensively the Campany was checked aut and
what was their perfarmance, recard.
o
Mr. Menville 'replied ,that C.H.C. & Sons had warked far Metra and the
Harrisburg Bank. Their references indicated that they had dane an
excellent jab.
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City Cauncil Regular Sessian, December 21, 1992
0138
Cauncil Member Nickell asked if C.H.C. & Sans had received a praject af
the same magnitude as West University Place. Mr. Menville replied that
they had.
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Mr. Tanner stated that the law bid was $21,000.00 under budget.
A matian was made by CauncilMember Lang, secanded by Cauncil Member
Kelly to. accept the Staff's recammendatian to. award the law bid af
$29,574.35 to. C.H.C. & Sans Lawn and Landscape Maintenance.
The matian was vated an with the fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly, Duke,
Lang and Nickell
Nane
Nane
DESIGN OF PRIORITY AREA 6A RECONSTRUCTION:
Cansideratian was given to. autharizing Langfard Engineering to. prepare
plans and specificatians far Priority Area 6A reconstruction.
Mr. Tanner stated that the can tract for the Charlatte/Lakearea
recanstructian was significantly le~s than what the Staff had I
originally estimated. Therefare, having a balance in the budget, the ;-
Staff believed it was time taautharize the cansulting city engineer, ~
Langford Engineering, to praceed with the design of Priority Area 6A.
This wauld expedite the design and ultimately the canstruction af 6A.
Mr. Tanner recammended that the Council authari ze Langfard Engi neeri ng
to. praceed.
A matian was made by Cauncil Member Kelly, secanded by Cauncil Member
Nickell to. autharize Langfard Engineering to. prepare plans and
specificatians ,far Priarity 6A recanstructian.
The matian was vated an with the fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly, Duke,
Lang and Ni ckell
Nane
Nane
Cauncil Member Duke asked if anyane was manitaring rates and
determining an apprapriate time far issuance af bands. Mr. Taylar
stated that Jim Shaw fram Rauscher Pierce Refsnes, Inc. was manitaring
the rates and after the first af the year he wauld submit his
prajectians an the interest rates.
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PAY FOR PERFORMANCE PLAN AND RELATED ISSUES:
7
City Council Regular Sessian, December 21, 1992
0139
Consideratian was given to. the pay far perfarmance plan develaped by
the Waters Cansulting Group and related issues.
Mr. Tanner stated that the Gity was attempting to. mave away fram a'
traditional government pay plan where employees get incremental
increases that may ar may nat have a relatianship with perfarmance.
A mati an was made byCaunci 1 Member Kelly ,secanded by Cauncil Member
Lang, to. accept the ariginal Water's prapasal as ariginally supplied in
the Repart to. Cauncil dated July 19, 1992 with their suggested changes
shawed in their Navember 12, 1992 letter which basically maves the
Pal ice Carparal up ane pay grade and adding an additianal amendment to.
mave the Pal ice Sergeant up ane pay grade.
Cauncil Member Nickell stated that he felt this was a gaad campramise
althaugh he did nat think it addressed the entire discrepancy with the
Fire and Palice'Departments. He also. stated that there shauld prabably
be further investigatian, maybe nat by this Cauncil but by future
Caunc il s.
Cauncil Member Dukecammented that Waters Cansultirrg Graup was the
expert and that is why the City paid them to. do. the study and if they
do. nat believe their repart is valid then they shauld nat vateta
apprave the plan. But, the Caunci.1shauld not take what they suggested
and change it and then say the repart is valid.
The matian was vatedan with the fallowing result:
, VatingAye:
Vating Nay:
Absent: '
CauncilMembers Kelly"Lang and Nickell
Mayar Jahnsan and Cauncil Member Duke
Nane
The matian carried.
APPOINTMENT OF PARKS AND RECREATION. DIRECTOR:
Cansideratian was given to the appaintment,af a Parks and Recreatian
Directar.
Mr. Tanner stated that two members of the City Cauncil had an
appartunity to. interview tnree af the candidates far the pasitian af'
Parks and Recreatian Directar.
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Mr. Tanner stated that it was his recommendatian to. appaint Mark Mailes
af Grapevine, Texas as Parks and RecreatianDirectar.Mr. Mailescame
strangly recommended and can provide the division leadership needed.
The starting salary wauldbe $45,000 annually, $2,400 has been budgeted
far a'carallawance'and: if the Council desires, the Citycauldpay far
his maving eXip-enses.;Mr.:Mai.1es'would be available to start wark ,in
the middle af January. .
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City Cauncil Regular Sessian, December 21, 1992
0140
Mayar Jahnsan agreed with Mr. Tanner's recammendatian to appaint Mark
Mailes as Directar af Parks and Recreatian. Mayar Jahnsanstated that
he was appased to., the salary amaunt, especially the $200 a manth car
allawance.
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Cauncil Member Nickell asked if the salary amaunt had already been
affered. Mr~ Tanner stated that the Staff had essentially tald Mr.
Mail es what, the City wou 1 d pay far the pas i tian. The reasan far the
$45,000 annual salary was because Mr. Mailes wauld dbe a department head
and the City had a deputy directar who was making almast $45,000 a year.
,
Mayar Jahnsan stated that the City wauld be starting Mr. Matles at a
tap salary. Mr. Tanner stated that Mr. Mailes wauld be the ~ lowest paid
Department Head.
Mr. Tanner stated that Department Heads are nat an a pay scale, they
are exempt because the City Cauncil sets their salaries.
:'
Cauncil Member Duke stated that he wauld be in favar af paying the
Parks and Recreatian Directar a car allawance because the Directar
wauld be expected to. be in his car and araund the City.
Council Member tang stated that. she was appalled that the Council may
have to. pay a Parks Directar $45;000 a year, plus a car allawance,plus
benefits.
Cauncil Member Kelly stated that he exgected the persan hired as the
Parks and Recreatian Directar to. do. great things far the salary the
City was considering paying him and he hoped that Mr. Mailes understaod
what the Cauncilexpectedfram him.
A mati an was made by Cauncil Member Duke, secanded by Cauncil Member
Lang to. extend an offer af emplayment to. Mark Mailes far the pasitian
af Parks and Recreatian Directar at the annual salary af $45,000 with a
$200 a manth car allawance but with no relacatian cast.
The matian was vated an with the fallOwing result:
Vating Aye:
Vating Nay:
Absent:
Cauncil Members Kelly and Duke
Mayar Jahnsan and Cauncil Members Lang and
Ni cke 11
Nane
The matian failed.
Cauncil Member Duke left the meeting at 9:00 P.M.
A matiO'n was made by- Cauncil Member.Kelly, secanded by Cauncil Member
Nickell to. extend the affer to. Mark Mailes in the amaunt af $43,000 per
year with a $200 a month car allawance and affer to. pay him up to. $2000
far maving expenses.
9
City Cauncil Regular Sessian, December 21, 1992
OCf4-l
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Mayar Jahnsan agreed with Mr. Tanner's recammendatian to. appaint Mark
Mailes as Directar af Parks and Recreatian. Mayar Jahnsan stated that
he was appased to. the salary amaunt,especially the $200 a manth car
allawance. .
Ca,uncil Member Nickell asked if the salary amaunt had already been
affered. Mr. Tanner stated that the Staff had essentially tald Mr.
Mailes what the City wauld pay far the pasitian. The reasanfar the
$45,000 annual salary was because Mr. Mailes wauld be a department head
and the City had a deputy directarwha was making almast $45,000 a year.
Mayar Jahnsan stated that the City wauld be starting Mr. Mailes at a
ta,p salary. Mr. Tanner stated that Mr. Mailes wauldbe the lawestpaid
Department Head.
Mr. Tanner stated that Department Heads are nat an a pay scale, they
are exempt because the City Cauncil sets their salaries.
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Cauncil Member Duke stated that ,he would be in favar af paying the
Parks and Recreatian Directar a car allawance because the Directar
wauld beexpectedtabei.n his ca~ and araund the City. .
Cauncil Member Lang stated that she was appalled that the Cauncil may
have to. pay a Parks Director $45,000 a year,' plus a car allawance, plus
benefits. '
Cauncil Member Kelly stated that he expected the persan hired as the
Parks and Recreati anOi rectar to. do 'great thi.ngs for the sa 1 ary the
Ctty was cansidering paying him and he haped that Mr. Mailes understaad
what the Cauncil expected fram him.
A matian was made byCauncilMember Duke, secanded by Cauncil Member
Lang to. extend an affer af emplayment to. Mark Mailes far the position
af Parks and Recreatian Director at the annual salary af $45,000 with a
$200 a manth car allawance but with no. relacatian cast.
The matian was vated an with ,the faHawing Iresult:
Vating Aye:
Vating Nay:
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Cauncil Members Kelly an9 Duke
'Mayar Johnsan and Caunci:l Members Lang and,
Nickell
None
Absent:
The matian failed.
Cauncil Member Duke left the meeting at 9:00 P.M.
o
A matian was made by Cauncil Member Kelly, secanded by Cauncil Member
Nickell to. extend the affer to. Mark Mailes in the amaunt af $43,000 per
year with a $200 a manth car allawance and affer to. pay him up to. $2000
far maving expenses.
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City Cauncil RegularSessian, December 21, 1992
0142
The ,motianwas vatedan with the fallowing result: '
VatingAye:
Vating Nay:
Absent:
Mayar Jahnsan, COlmcil Members Kelly, Lang
and Nickell
Nane
Caunci 1- Member,Duke
, , ,
, '
PAYMENT FOR SCOUT HOUSE CONSTRUCTION. ACCEPTANCE AND DEDICATION:
Consideratian was given to. payment af Payment No.. 7 in the amount af
$18,202.00 to. PUrcell Canstructian far Scaut Hause canstructian,
acceptance af the new facil i ty and a January 16, 1992 dedication
ceremany.
Mayor Johnson stated that he talked to John Stane af Mitchell Carlson
Architects to. adjust the space an the thresh hale an the frant daar and
the back daar. af the Scaut Hause.
Council Member Nicke'll stated that he liked everything abaut,the scaut
hause except the finish an the kitchen cabinets.
Cauncil Member Kelly ,asked the Public Warks Director, if he wauld see if
samething cauld be dane abaut the cabinets.
A ma:tian was made by Cauncil Member Nickell, secanded by Cauncil Member
Kelly taapprave Payment No.. 7in.the amol!nt af $18,202.00 to. Purcell
Constructian and afficially.accept the new facility with the nated
changes. .'
The mati an was vated an with the fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Caunctl Members Kelly, Lang
and Nickell
Nane
Cauncil Member Duke
A matian was made by Cauncil Member Kelly, secanded byCauncil Member
Nickell to. set Saturday, January 23 for the scaut house dedicatian
ceremany.
The matian was vated an with the fallawing result:
Vating Aye: Mayar Jahnsan, Cauncil Members Kelly, Lang
and, Nickell
Vating Nay: ' Nane
Absent: Cauncil Member Duke
PAYMENT FOR WAKE FOREST WATER PLANT IMPROVEMENT:
10
City Cauncil Regular Sessian, December 21, 1992
I !
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Cansideratian was given to payment afEstimate No.. 2 in theamaunt:af
$22,004.75 to. Nunn,Canstructors far wark performed (Octaber 31, 1992
thraugh Navember 30, 1992)iin;thecanstructian af Wakeforest Water
Plant impravements (Phase 3 features the iinstallatian af a new baaster
pump).
;I;!
A matian was made by CauncilMember Nickell, secanded by Cauncil Member
Kelly to. pay Estimate No.. 2 in the amaunt af $22,004.75 to. Nunn
Canstructars far wark perfarmed Octaber 31, 1992 thraugh Navember 30,
1992.
The matian was vated an with the faTlawing result:
Vating Aye:
Vating,Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly, Lang
and Nickell
Nane
Council Member Duke
PAYMENT FOR ENGINEERING SERVICES:
Cansideratian was given to. the'payment af $28,158.13 to. Langfard
Engi neeri ng:
(a) Invaice No.. 7032 in the amaunt af $556.27 far impravements at
the Wakefarest Water Plant.
(d) Invaice Na.7035 in the amaunt af $577.68 far wark related to.
the Nottingham Lift Statian.
Council Member Nickell asked when the design phase af the
Charlatte/Lake Area recanstrucMan. would becamplete.
~
Dieter Ufer, Cansulting Engineer framLangfard Engineering, replied
that the design af the praject was 100% camplete.
Cauncil Member Nickell asked if invaice no.. 7033 was the final payment
an the design phase af that praject. Mr. Ufer replied that it was.
Mayar Jahnsan stated that he was nat in agreement with invaice no.. 7035
and that he raised the same abjectians as recarded in the minutes af
Navember 23, 1992. He stated that he believed the prablem at .the
Nattingham lift statian was the respansibility af Langfard ~ngineering.
A matian was made by Cauncil Member Nickell, secanded by Council Member
Kelly to. apprave payment in theamaunt af $28,258.13 to. Langfard
Engineering far invaice numbers 7032, 7033, 7034 and 7035.
11
City Cauncil Regular.$essian, December 21, 1992
0144
The mati an was vated an wi th the fall owi ng result: '
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i
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, CauncilMembers Kelly, Lang
and Nickell
Nane
, Cauncil Member Duke
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CITY COUNCIL MEETING MINUTES:
Cansideratianwillbe given ,to. the minutes af,the CityCauncil Regular
Sessian an December 14, 1992.
A matianwas made by Cauncil Member Kelly, secanded by Cauncil Member
Lang to. apprave the minutes af the regular sessian an December 14, 1992.
The matian was vated an with the fallawing result:
Vating Aye:
Vating Nay:
Absent:
Mayar Jahnsan, Cauncil Members Kelly, Lang
and Nickell
Nane
Cauncil Member Duke
COUNCIL COMMENTS:
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Council Member Kelly stated that the light an the back of the scout
hause shauld nat be an any mare than it had to. be.
CauncilMember Lang asked what was the status af the water bill cycle
sa that the residents receive the city currents inplenty'af time to. be
infarmed af activities.
Mr. Taylar stated that the cycle af the water bill~ cauld nat b~
changed but the city currents cauld bemailedautallatanetime.
Cauncil Member Nickell stated that he was extremely cancerned abaut the
Seniar Citizens' discaunt an the water rates. He added that he vated
no., nat against the Staff, but because he felt the discaunt was sald as
part af the band issue.
ADJOURNMENT:
,
With no.' further business to. came befar,e Caunci.l at this time, a matian
was made byCauncil Member Lang, secanded ,by Caunci 1 Member Kelly to.
adjaurn. '
The meetingadjaurned at 9:37 P.M.
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12
City Cauncil Regular Sessian, December 21, 1992
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Kaylynn Hallaway
City Secretary
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4J/tK,~
Wh 1 tt . Jafln '
Mayar '
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0146
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