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HomeMy WebLinkAboutMinutes_1993 .----, i CITY COUNCIL REGULAR SESSION MONDAY, JANUARY 11, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** ?'f( /~5f7/ 014/ ~ The City Council convened in re_gularsession in the Municipal Building, 3800 University Boulevard, on Monday, January 11, 1993. Mayor Pro Tern Bob Kelly presiding, Mayor Johnson, Council Members Duke, Lang and Nickell were present. The City Manager, Public Works Director, City Attorney, Finance and Administration Director, Chief of Police, Director of Parks and Recreation and City Secretary were also present. Mayor Pro Tern Kelly delivered the invocation and Council Member Nickell led the Pledge of Allegiance. HEARING OF RESIDENTS: Mayor Pro Tern Kellyjnvited residents who wished to address the City Council to come forward as their names were called. ~ i I '----.J Judy Hauser, a res i dent- at 2912 Tangl ey, spoke to the Council about the animal control ordinance. She asked the Council to formally place the pet nrdinance on the agenda so that the Council and the residents could work together to develop a model ordinance for the City of West University Place. She stated that the Pet Ordinance had become extremely negative, both for her and the City. In addition, she requested that the Council consider a variance to the current ordi~ance that would allow her to keep her six cats. ' William E. Hauser, Jr., a resident at 2912 Tangley, spoke to the Council about the animal control ordinance. He wanted to echo what his wife had just petitioned the Council to consider. He stated that he felt that there was certainly a responsibility on the part of city government as well as citizens to have ordinances in place which serve the public good and the public welfare. His interest in this regard was predicated on the basis of the fact that he and his wife have six cats. He stated that they were responsible pet owners and there were many others in the City that felt the same way. He added that individuals have the right to petition the Council to consider this and respectively ask the Council to write a model ordinance that would serve both the City and its ci tizens. Mayor Johnson asked Mr. Hauser if they were wantin~ a jury trial in their particular case, and in the event they were asking for a jury trial, would he and his wife withdraw their petition and let the City Council'consider it. Mr. Hauser stated that he would ask his attorney to speak with Mayor Johnson directly. ) 148' City Council egular Session, January 11, 1993 Sandra Brendl r, a resident at 4209 Southwestern, stated that she wanted to spe k to the Council about what the newspapers were beginning to refer to a the "West University Place cat fight". She stated that she came to t e Council meeting because she was amazed and disappointed to learn that the members of the City Council recently made it perfectly leg 1 for cat owners to allow their pets to trespass on her property, dig in her gardens, tear up her garbage and scratch the paint on her automo iles. Ms. Brendler stated that in the absence of some kind of law r quiring cat owners to confine.their pets to their. property, thi was exactly the practi ca 1 effect of the Council's acti on because cats hat are not confined could not be prevented from doing. these things. She urged the Council to not compound the problem of the nuisance of c ts at large by also removing the restrictions on the number of ani als a person could own. She stated that if everyone of the neighbors onall four sides of her house were allowed to own six cats, in the urrent absence of a leash law governing cats, there would be two dozen ats that would be legally free to roam on and damage her property. Sh added that she was an animal lover but citizens of a city like wesl University Place had a right to ordinances that force all residents to respect the rights of others and be responsible. She stated that s1e wa. s at the m.eetl' n g. to .for mal.l.y .r.e quest. .that th e Council deny the requ st to change the restriction on the number of adult animals that ay be kept in a single household and that they reconsider their recent ction exempting cats from the leash laws in the City. She also aske the Council to stop the discrimination in the animal control ordin nce which means treating dog owners and cat owners equally. Becky Carazzo e, a resident at 4153 Marquette, stated that she had just spent $1 00.00 in property taxes and that she did not like th~ way her tax~oney was being spent. She stated that she opposed the chain link fence at Colonial Park and that she did not like the way the Police Depart ent was treating the ~ausers. She added that she did not think the quantity of pets determines the quality of the pet owner. She f lt that the Hausers were being harassed by a meaninglessc ty ordinance. She suggested that the Council regulate the number of rabbits, fish, hamsters, gerbils, mice and the number of children. Sh stated that she thought children created more trash and could create ore destruction than any of the animals. She asked that the ordinance be rewritten and satisfactorily resolved or she "'lOuld vote against ach member of the Council in the next elettion. She stated that g vernment was suppose to be the servant and not the master of the people Jim Carazzone a resident at 4153 Marqu~tte, spoke in support of the Hausers t have the animal control ordinance amended. He stated that the ordi ance, in placing an arbitrary restriction on the number of cats, with ot regard ~s to whether the cats are in fact ever leaving their residen or in fact causing any kind of nuisance, would seem to be a possible invasion of privacy. He stated that the present cat ordinance cou d possibly be in conflict with the Constitution and represents a isappropriation of the resources of the taxpayer. He stated that tle role of law in this country was to regulate society so that people c uld live together peacefully and pursue happiness. L ? City Council Regular Session, January 11, 1993 IV J. "'t ~ i i Chuck Gillan, a resident -at 3620 Georgetown, stated that he thought there was an underlyi ng responsibil ity on the Rart of the Hausers who were asking for a variance irf the cat ordinance to investigate the restrictions of the,City with: regard, not only to the pet ordinance but to anything else. He stated that it was the Hauser's responsibility to find out the facts. He concluded by saying that he was in support of the current animal ordinance. OATH OF OFFICE: Mayor Johnson administered the oath of office to Mark Mailes, the Director of Parks-and Recreation. POLICE ACCREDITATION: A certificate of Accreditation awarded to the Police Department by the Commission on Accreditation for Law Enforcement Agencies was presented to the City Council. ~ Steve Griffith, Chief of Police, informed the City Council that the West University Place Police Department on November 21, 1992 received their accredited status. The Police Department was the 10th agency out of 2,655 law enforcement entities in the state of Texas to receive the accredited status and 1 of 200 agencies in the nation to receive the accredited status. Chief Griffith stated that the accomplishment of accreditation means that the Police Department had met the test ,of a body of standards that sets the police agency at the pinnacle of professionalism. It provides testimony that the City's policies, procedures and programs are state of the art. Chief Griffith recognized Captain Gary Brye for his efforts in policy development-and program documentation which allowed the West University Place Police Department to obtain the honor. The City Attorney left the meeting at 7:55 p.m. RESOLUTION APPOINTING MAYOR FOR_A DAY: ~ Consideration was given to Resolution No. 93-02 appointing Rex Grey, Jr. as Mayor for a Day (January 20, 1993). Mayor Pro Tern Kelly read the resolution as follows: 3 ~ 1 5 0 ',14 City Council Regular Session, January 11, 1993 RESOLUTION NUMBER 93-02 WHEREAS, the City of West University Place is fortunate to have outstanding young people 1 iving in the city; and WHEREAS, the St. Vincent de Paul Catholic Church School helps provide excellent opportunities for its students; and ------- WHEREAS, Rex Grey, Jr. won the positi.on of Mayor For The Day. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1., That the City Council is pleased to have Rex Grey, Jr. as Mayor for the Day and hereby designates and sets aside January 20 , 1993 as Rex Grey ,Jr. Mayor of the Day. Section 2. That City Council hopes Rex Grey, Jr. enjoys this day and remembers it as an opportunity to become better acquainted with his city government. Section 3. That this Resoluti~n be spread in full upon the minutes of the City Council and the Mayor be, and he is hereby, authorized to deliver to Rex Grey, Jr. a true copy hereof, signed by each member of the City Council present. \. Bob Kelly, Mayor Pro Tern Whitt F. Johnson, Mayor Cullen A. Duke, Councilmember Jerry Nickell, Councilmember Janice H. Lang, Councilmember Attest: Kaylynn Holloway City Secretary Mayor Johnson introduced Rex Grey, Jr. who would be Mayor for a Day on January 20, 1993. Rex Grey, Jr. read a Proclamation from the City of West University Place, Texas as follows: A PROCLAMATION FOR THE STUDENTS OF S1. VINCENT DE PAUL CATHOLIC CHURCH SCHOOL FROM REX GREY, JR., MAYOR OF THE DAY FOR THE CITY OF WEST UNIVERSITY PLACE. 11 City Council Regular Session, January 11, 1993 VJ.:)l l I THE CITY COUNCIL OF WEST UNIVERSITY PLACE PASSED RULES THAT ARE GOOD FOR OUR STUD~NrS 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, 5. A RULE FOR PERSONS TO BE KIND TO ANIMALS EVERYONE SHOULD OBEY THESE RULES REX GREY, JR. MAYOR FOR THE DAY DATE Amotion was made by Council Member Nickell, seconded by Council Member Duke to adopt Resolution No. 93-02. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Mayor Pro Tern Kelly, Council Members Duke, Lang and Nickell None None SCOUT HOUSE DEDICATION AND ARBOR DAY CELEBRATION: Consideration was given to the Scout House/Community Building Annex dedication and Arbor Day celebration scheduled for Saturday, January 23, 1993 at 10:00 a.m. Mayor Johnson presented the schedule for the ceremony as follows: SCOUT HOUSE-COMMUNITY BUILDING ANNEX/ARBOR DAY CELEBRATION SCHEDULE JANUARY 23, 1993 10:00 A.M. Color Guard Enters/Presents Colors Ra i se F1 ag {Boy Scout (Girl Scout We 1 come By Mayor Whitt F. Johnson Pledge of Allegiance by Scout Representative ) ) 5 'l~L . City Council Regular Session, January 11, 1993 -10:30 A.M. 10:35 A.M. 10:45 A.M. 11:00 A.M. 11:20 A.M. 11:30 A.M. 12:00 P.M.- Mayor Introduces Honored Guests 1. Boy and Girl Scout Leaders 2. John Stone, Architect (Mitchell Carl son and Associates) 3. Mr. Larry E. Purcell (Purcell Construction) 4. Compliments to City Staff Mayor Pro Tem Bob Kelly will introduce members of the City Council Building and Facilities will be dedicated by Mayor Whitt F. Johnson Ribbon Cutting Ceremony - Release Balloons ARBOR DAY Introduction of Arbor Day Celebration By Mayor History of Arbor Day By Ness Tesno Awards For School Contest- Presentation by Mayor and Ness Tree Planting By Scouts/Time Capsule with Children's Names and Ages Reading of Tree Poem By Child Seedling Handout/Set Up Tables with Seedlings and Information . Refreshments Finish Council Member Nickell read a Proclamation for the City of West University for the National Arbor Day celebration as follows: C I T Y W EST U N I V E R SI T Y P LAC E, T E X A S \ P R OC LAM A T I ON NATIONAL ARBOR DAY January 23, 1993 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, in Texas, in 1889, the citizens of Temple conceived an Arbor Day resolution which the Texas Legislature passed into law, and Arbor Day was first celebrated in Texas in 1890; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wil dl He; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and r. City Council Regular Session, January 11, 199J Ulbj WHEREAS, trees in our city increase property values, enhance the economi c vital ity._pf busine~$ areas, and beautify our community; and WHEREAS, trees, wherever they are planted~ are a source of joy and spiritual renewal. NOW, THEREFORE, I, Whitt F. Johnson, Mayor of the City of West University Place, Texas, do hereby proclaim January 23,1993 as ARBOR DAY in the City of West University Place, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of West University Place to be affixed this 11th day of January, 1993. Whitt F. Johnson, Mayor, RESOLUTION FOR MUNICIPAL WATER POLLUTION PREVENTION AND ENVIRONMENTAL AUD IT REPORT: Consideration was given to Resolution No. 93-01 for the prevention of water pollution and an annual audit report required by the Environmental Protection Agency. Ed Menville, Director of Public Works, stated that the annual audit was based mostly on technical data and demonstrated how efficiently the city's sewage treatment facility was operating. The City of West University Place scored 154 out of a possible 920 points. The lower the score the better the operation and the more in compliance with respect to EPA standards. Mr. Menville stated that one of the areas that the City needed improvement was the infrastructure. ~ Council Member Duke asked if the State requirement for the continuing education of the operators were annual requirements or just in-between renewals. The State requirement for Class B is 50 hours and for Class C is 30 hours. Mr. Menville stated that it was the training requirement for each level of certification. There is a requirement for continuing training in addition to the certification requirement. Mayor Johnson asked if the City was meeting the minimum standards on the biochemical demand requirement. Mr. Menville replied that the City was meeting the requirement. 7 0154 .' City Council Regular Session, January 11, 1993 Mayor Pro Tern Kelly read the resolution as follows: CITY OF WEST UNIVERSITY PLACE RESOLUTION NO. 93~Ol WHEREAS, the City of West' University Place is required by the Environmental Protection Agency to submit an annual audit; and WHEREAS, this City desires to cooperate in the prevention of water pollution; and WHEREAS, the Mayor and City Council have reviewed the Municipal Water Pollution Environmental Audit Report which is attached to this- resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Council formally expresses its willingness to cooperate actively with the Environmental Protection Agency in the prevention of water pollution. Section 2. That the City Council will continue to fund and maintain the collection system and treatment plant, to comply with the National Pollutant Discharge Elimination System permit. Section 3. That the City Council will pursue replacement of the collection system to control inflow and infiltration. Section 4. That the City Council will maintain appropriate operator certification levels. . Section 5. All resolutions and parts of resolutions in conflict herewith ~re hereby repealed to the extent of the conflict only. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder 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 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each 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. 8 City Council Regular Session, January 11, 1993 V.L..J...J Section 8. This resolution shall take effect immediately upon its adoption and ~ignature. PASSED AND APPROVED THIS day of - 1:9 ,- - Voting Aye: Voting Nay: Absent: Whitt F. Johnson Mayor ATTEST: Kaylynn Holloway City Secretary A motion was made by Council Member Duke, seconded by Council Member Lang to adopt Resolution No. 9301. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Mayor Pro Tern Kelly, Council Members Duke, Lang and Nickell None None BIDS FOR BRUSH CHIPPER: Consideration was given to bids received December 14, 1992 for the purchase of 1993 heavy duty brush chipping machine used in limb collection. The Staff recommended the low bid of $13,893.00 submitted by Goldthwaites. A motion was made by Council Member Lang, seconded by Council Member Duke to acceptStaff1s recommendation to award the bid to Goldthwaites for the purchase of a brush chipping machine. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Mayor Pro Tern Kelly, Council Members Duke, Lang and Nickell None None 9 t15.6 . ,it City Council Regular Session, January 11, 1993 PAYMENT FOR LEGAL FEES: Consideration was given to the payment of $4,910.51 to the City Attorney for legal services provided during the month of December. Council Member Nickell asked if the City needed to continue involving the City Attorney in the Intercity/Ruskin case. Mr. Tanner stated that no one was as fami 1 i ar with the :zoni ng ordinance as the City Attorney.. Mr. Tanner stated that he,felt that the City Attorney's services were essential in the Intercity matter; A motion was made by Council Member Nickell, seconded by Council Member Duke to pay the legal fees fo~ the month of December in the amount of $4,910.51. .~ The motion was voted on with the following result: Voting Aye: Mayor Johnson, Mayor Pro Tern Kelly, Council Members Duke, Lang and Nickell None None Voting Nay: Absent: PAYMENT FOR WATER DISTRIBUTION SYSTEM AUDIT AND UTILITY RATE STUDY: Consideration was given to the payment of $5,500.00 toJBS Associates for a water distribution system audit and utility rate study. Chris Taylor, Director of Finance, stated that the study was 90% complete. JBS has completed the draft study and the final will be' ready within a couple of weeks. Council Member Nickell inquired as to what was the total cost of the study. Council Member Duke replied that the total cost was $22,500.00. A motion was made by Council Member Duke, seconded by Council Member Lang to authorize payment to JBS Associates in the amount of $5,500.00 for payment of invoice No.2. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Mayor Pro Tern Kelly, Council Members Duke, Lang and Nickell None None CITY COUNCIL MEETING MINUTES: Consideration will be given to the minutes of the following City Council meetings: (a) City Council Workshop Session on December 21, 1992 10 City Council Regular Session, January 11, 1993 VJ.~( ~ I I I I (b) City Council Regular Session on December 21, 1992 (c) City Council Sp~cia1 Session on December 28~ ~992 Mayor Johnson statgd that h.e>_had asked the CitY.SecretarY to add a specific date in hl-s discussion concerning the paymento-{engineering fees in the regular session minutes on December 21, 1992. A motion was made by Council Member Duke, seconded by Council Member Lang to adopt the minutes Qf the workshop and regular session on December 21, 1992 and the special session on December 28, 1992. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Mayor Pro Tern Kelly, Council Members Duke, Lang and Nickell None None COUNCIL COMMENTS: ~ Mayor Johnson stated that he had been presented with a check for $200.00 for the replacement of the starter at the Nottingham lift station that had malfunctioned. He stated that he felt very reluctant to sign the check until Dieter Ufer of Langford Engineering and the Staff gave an explanation of the charge. He added that there should be a warranty on the starter since it was only three or four months old. Mr. Tanner stated that the Staff would address the problem in-house. Council Member Nickell requested that the over 65 Senior exemption be put on the agenda in the near future. Mr. Taylor replied that the City Attorney was forwarding the necessary documents for the Senior exemption. He added that the Harris County Appraisal District needed to receive the information as soon as possible. Mayor Johnson expressed concern about committing future-city officials to granting the exemption. ,----., I Council Member Nickell stated that he felt the Council had not carried out a promise concerning the water and sewer rates for the senior exemption that was sold with the bond issue. He felt that now the Council was obligated to consider the issue. Council Member Duke stated that he did not remember, in any of the meetings concerning the bond issuance, selling any sort of specific senior citizen relief as part of the deal. Council Member Nickell stated that it was mentioned that additional things would be done for seniors. He added that he felt there was at least a commitment on his part. 11 )158 City Council Regular Session, January 11,1993 Mayor Johnson agreed to put the Senior citizen exemption on the agenda in the near future. Mayor Pro Tern Kelly urged the Council to encourage everyone to attend the Scout House dedication on Saturday, January 23. Mayor Pro Tern Kelly requested that the light on the back of the Scout House be directed away from the homes or turned, off. Mr. Tanner replied that the architect had proba.blyinstalled the light behind the Scout House because, at night, it could be pretty dark around the tree and behind the Scout House. Council Member Duke suggested leaving the light on until such time the City staff receives a complaint. ADJOURNMENT: With no further business to come before Council at this time, a motion was made by Council Member Lang, seconded by Council Member Ni ckell to adjourn. The meeting adjourned at 8:40 p.m. ~~~~ wiilTT F. J ... .ON . MAYOR KAYLYNNHOLLOWAY CITY SECRETARY vV'C U 1 !) 'I A;,Jtt'!' . ~ tIt/ #12(' J CITY COUNCIL WORKSHOP SESSION MONDAY, JANUARY 25, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. ******************** The City Council convened in Workshop Session at 6:30 P.M. in the Municipal Building (3800 University Boulevard) on January 25, 1993. Mayor Whitt F. Johnson, Council~lembers Bob Kelly, Jerry Nickell and Cullen Duke were present. The City Manager, Police Chief, and City Secretary were also present. DISCUSS ANIMAL CONTROL AND LIMITS: The City Council met in workshop sess i on to di scuss the City I S current animal control ofdinari~~. Mayor Johnson suggested to the residents present that they were welcome to speak but if they spoke in the workshop session to not speak in the regular session so as to prevent repetitive statements. Mayor Johnson stated that the City Council could not take official action on the animal control ordinance during the workshop session and it was not on the agenda at the regular session. The City Council has no jurisdiction over the municipal court. Council Member Lang arrived at 6:55 p.m. Dr. and Mrs. Hauser, residents at 2912 Tangley, were present at the meeting and requested that the City come together as a community and look at all the issues in the animal control ordinance, especially the number of pets that were allowed per household. Mrs. Hauser stated that she hoped to change the ordinance, which had become very negative for her and her husband, and turn it into something positive both for the City and for themselves. Dr. Hauser expressed concern about what the intent of the ordinance should be. Sandra Brendler, a resident at 4209 Southwestern, stated her support for the current animal control ordinance. Chuck Gillan, a resident at 3620 Georgetown, stated his support for the current animal control .ordinance. --------., Mayor Johnson stated that the Police Department had conducted a survey of animal control ordinances in surrounding or comparable cities. He added that the results of the survey showed that the City of West University Place's animal control ordinance was in-line with the other cities. 1160.J$i. City Cou'ncil vlorkshop Session, January 25, 1993 Steve Griffith, Chief of Police, stated that animal cQntrol was a problem in the City because of the dense nature of the community. People did not like having animals in their yards and cats were difficult to deal with. The Council agreed that the ordinance was about how the City of West University Place regulated vets and, with a small, heavily populated city, an arbitrary cut-off must be made for the control of animals. The City of West University Place did not want neighbor against neighbor problems. A motion was made by Council Member Ni9kell , seconded by Council Member Lang to adjourn the workshop session. The worksho~session adjourned at 7:30 p.m. ~.u~ WHITT F.. ..~ MAYOR KAYLYNNHOLLOWAY CITY SECRETARY 2 turf ~l2i1'Y ~ {} J. CITY COUNCIL REGULAR SESSION MONDAY, JANUARY 25, 1993 MUNICIPAL BUILDING ~38bo UNIVERSITY BLVD. 7:30 P.M. **************************************** The City Council convened in regular session in the Municipal Building, 3800 University Boulevard, on Monday, January 25 1993. Mayor Johnson presiding, Council Members Kelly, Lang, Nickell and Duke were present. The City Manager, Public Works Director, City Attorney, Finance Director and City Secretary were also present. . Mayor Johnson delivered the invocation and Council Member Duke 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. Janice Quackenbush, a resident at 2708 Tangley, came before the Council to express opposition to changing the limit on the number of animals a resident could have in the City. She stated that people move to the City of West University because of the ordinances that protect them from neighbors that might not be as considerate as others. She added that she felt the Hausers were abusing the rights and privileges that go with being a resident of the City of West University Place and that they were making the taxpayers pay for ~heir arrogance. Richard Davis, a resident at 3024 Amherst, expressed support for the current animal ordinance. The City Attorney left the meeting at 7:45 p.m. TAX REFUND: Consideration was given to 1992 ad valorem tax refunds. Chris Taylor, Finance Director, presented the Council with a list of property tax refunds which were a result of duplicate payments. He requested the Council to approve reimbursement of the payments. A motion was made by Counci 1 Member Duke, seconded by Council Member Lang to authorize payment of the refunds in the amounts provided in accordance with the state property tax code. )162 1 City Cou-ncil Regular Session, January 25, 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 PAYMENT FOR ENGINEERING SERVICES: Consideration was given to the payment of $16,197.07 to Langford Engi neeri ng: (a) Invoice No. 7062 in the amount of $2,257.10 for the design of the City's surface water transmission line project. (b) Invoice No. 7063 in the amount of $1,151.41 for improvements at the Wakeforest Water Plant. (c) Invoice No. 7064 in the amount of $1,528.56 for the design of sanitary s~wer, street and drainage improvements in the Charlotte/Lake Area. (d) Invoice No. 7065 in the amount of $11,260.00 for design of the city's comprehensive master plan. Mayor Johnson asked if invoice no. 7064 for the design and , specifications of the Cha~lotte/Lake Area-was the last invoice to be submitted for payment. Mr. Menvi11e replied that the design of the project was complete and that invoice no. 7064 was the final invoice. Council Member Nickell asked Mr. Ufer about the status of the city's comprehensive master plan. Mr.Ufer stated ~hat invoice no. 7065 included services rendered up to December 23, 1992 and the project was 45% complete. Mayor Johnson suggested having a workshop and invite the Strategic Action Committee members, the financial advisors and the engineers to review the comprehensive master plan. The Council agreed to set a City Council workshop session for Tuesday, February 2, 1993 at 7:30 p.m. to be conducted at the Scout House/Community Building Annex. A motion was made by Council Member Nickell, seconded by Council Member Duke to approve payment of $16,197.07 for invoice no1s 7062, 7063, 7064 and 7065 to Langford Engineering. The motion was voted on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly, Duke, 2 City Council Regular Session, January 25, 1993 ((1163 ~ u Voting Nay: Absent: Lang and Ni eke 11 None. None PAYMENT FOR WAKE FOREST WATER PLANT IMPROVEMENT: Consideration was given to payment of Estimate No. 3 in the amount of $46,607.09 to NunnConstructors for work performed (December 1, 1992 through January 12, 1993) in the construction of Wakeforest Water Plant improvements (Phase 3 features the installation of a new booster pump) . Ed Menville, Director of Public Works, stated that the completion date for the Wakeforest project was scheduled for March 18, 1993. A motion was made by Council Member Kelly, seconded by Council Member Lang to pay Estimate No.3 in the amount of $46,407.09 to Nunn Constructors. The motion was voted on with the following result: c---. Voting Aye: Voting Nay: Absent: '-- Mayor Johnson, Council Members Kelly, Duke, Lang and Nickell None None CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council Regular Session on January 11, 1993. Mayor Johnson asked the City Secretary to change Council Member Kelly. s title to Mayor Pro~Tem in the minutes since he had presided at the. meeting. A motion was made by Council Member Duke, seconded by Council Member Kelly to adopt the minutes of the Regular Session on January 11, 1993. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: COUNCIL COMMENTS: Mayor Johnson, Council Members Kelly, Duke, Lang and Nickell None None 3 01.64 J. City Council Regular Session, January 25, 1993 Council Member Nickell asked if the issue on the plaque for the Wakeforest Water plant had been resolved. Mayor Johnson replied that the issue had not been resolved. Council Member Lang suggested that, i norder to be proper, a 11 of the names of the Council Members who were seated during the project should be included on the plaque. Mayor Johnson stated that he disagreed with Council Members Lang and Nickell. ADJOURNMENT: With no further business to come before Council at this time. a motion was made by Council Member lang. seconded by Council Member Nickell to adjourn. The meeting adjourned at 8:15 p.m. KAYLYNN HOLLOWAY . CITY SECRETARY ~-fH_~~~/ WITT F. J H 0 N - MAYOR '- 4 CITY COUNCIL REGULAR SESSION MONDAY, FEBRUARY 8, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** #tJ7 1)165 ' The City Council convened in regular session in the Municipal Building, 3800 University Boulevard, oh Monday, February 8, 1993. Mayor Johnson presiding, Council Members Kelly, Duke and Lang were present. The City Manager, Public Works Director, City Attorney, Finance Director, Chief of Police, Fire Chief, Police Captain, Director of Parks and Recreation and City Secretary were also present. Mayor Johnson delivered the invocation and Council Me~ber Kelly led the Pledge of Allegiance. Council Member Jerry Nickell was absent. RESOLUTION APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD: Consideration was given to Resolution No. 93-03 appointing 2 members (Cora Bess Parks and Tamara Armstrong) to the Parks and Recreation Board. Cora Bess Parks and Tamara Armstrong introduced themselves to the Council . Mayor Johnson read Resolution No. 93-03 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 boards; and WHEREAS, the Mayor and members of the City Council, by Resolution 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 resignation of two of the board members have created vacancies on the board; and . WHEREAS, the Chairman of the Parks Board has recommended that the following persons be appointed to fill the vacancies on the Parks Board; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ) 16 6 j'" City Council Regular Session, February 8, 1993 Section 1. That the following persons be appointed to serve as members of the Parks Board: Cora Bess Parks Tamara Armstrong Section 2. That the persons hereby appointed shall serve on the Parks Board without compensation. Section 3. That the persons hereby appointed shall serve until the next regular city election of the City Council and thereafter until the appointment and qualification of their successors. Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 5~ If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. - . Section 6. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered .or acted upon was given in the manner required by the Open Meetings law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED THIS the 1993. day of Voting Aye: Voting No: Absent: Signed: Whitt F. Johnson, Mayor ATTEST: Kaylynn Holloway City Secretary A motion was made by Council Member lang, seconded by Council Member Kelly to adopt Resolution No. 93-03. The motion was voted on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly, Duke and Lang 2 City Council Regular Session, February 8, 1993 ()16? '. '----', I . I ; I \-~ Voti ng Nay:. Absent: None Council Member Nickell RESOLUTION APPOINTING MEMBER/TREASURER TO THE BOARD OF DIRECTORS OF THE FRIENDS OF WEST UNIVERSITY PLACtPARKS ~UNU: Consideration was given to Resoluti~n No. 93-04 appointing a Member/Treasurer (Jere Ahrens) to the Board of Directors of the Friends of West University Place Parks Fund. Chris Taylor, Finance Director, stated that Jere Ahrens had been acting Treasurer of the Friends Board and in order to formalize that position, it would be necessary for the Council to appoint him to the Board of Directors. The Staff was also recommending that in conjunction with the resolution, that the City Council by motion also appoint the Treasurer position of the Friends Board as the official record and bookkeeper for the Friends of the Parks. This would be in compliance with the by-laws for the Friends Board. Mayor-Johnson read Resolution No. 93-04 as follows: WHEREAS, it is the obligation of the City Council, pursuant to provlslons of the City Charter and ordinances heretofore adopted, to appoint members to various Boards; and WHEREAS, the Mayor and members of the City Council previously appointed persons to serve on the Friends of West University Parks Fund Board of the City of West University Place, Texas; and WHEREAS, the resignation of one of the board members has created a vacancy on the board; and WHEREAS, a certain person has indicated a desire and willingness to serve as .a member/Treasurer of the Friends of West University Parks Fund Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: r-'. Section 3. Each appointee shall serve until the member's successor is duly selected and shall have qualified. 3 )"168...... City Council Regular Session, February 8, 1993 Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 6. The City Council officially finds, determines and .declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, -approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this 8th day of February , 1993. Voting Aye: ----- Voting No: Absent: Whitt F. Johnson, Mayor ATTEST: Kaylynn Holloway City Secretary A motion was made by Council Member Duke, seconded by Council Member Lang to adopt Resolution No. 93-04. 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 A motion was made by Council Member Kelly, seconded by Council Member Duke to approve the keeping of all books and records of the Friends of the West University Parks Fund, Inc. (Corporation) by the Treasurer of the Corporation rather than by the Finance Director. of the City. This approval is given under Section 1, Article VII of the Corporation's By-Laws. The motion was voted on with the following result: 4 City Council Regular Session, February 8, 1993 ()169 ~l , J '------- Voting Aye: -Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Duke and Lang None Council Member Nickell Mike Tanner, City Manager stated that the Staff and the City Attorney were working to review and revise the by-laws of the Frtends Board. EXPENDITURES OF THE FRIENDS OF WEST UNIVERSITY PLACE PARKS BOARD FUND: Consideration was given to expenditures of the Friends of West University Parks Board fund. The proposed 1993 budget of the Friends of West University Place Parks Fund, Inc. was presented to the Council. Mr. Tanner stated that the Council was required to approve all expenditures over $1000 each fiscal year and the Mayor was required to counter-sign each check. ,-----.., A motion was made by Council Member Lang, seconded by Council Member Kelly to accept the proposed 1993 budget for the Parks Fund. 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 PARKS AND RECREATION REPORT: Consideration was given to a report by the new Parks and Recreation Director. Mark Mailes, Director of Parks and Recreation, presented a brief update on the Parks and Recreation Department. Mr. Mailes stated that he had met with the Parks and Recreati~n Board and the Friends of West University Parks to establish and define the responsibilities of each group. He evaluated the athletic and recreation programs and proposed to restructure the entry fees to support the direct costs. Mr. Mailes met with the Pastor of the First Baptist Church in West University to discuss utilization of their gymnasium for various activities. Mr. Mailes stated that he would evaluate-the scout house usage so that all Citizens could receive maximum benefits from its use. He also proposed to beautify and improve .the landscape at City Hall and various parks. 5 )'1 ~()~II City Council Regular Session, February 8, 1993 Council Member Kelly asked about the fence at Colonial Park. Mr. Mailes stated that he and the Parks Board were working on a preliminary plan to beautify the area. He hoped that within the next month the improvements would begin. COMPREHENSIVE FACILITY USE POLICY: Consideration was given to the development of a comprehensive facility use policy. Mayor Johnson stated that he wanted to eliminate confusion in the use of the scout house, community building, senior citizen's building and the meeting room at Colonial Park. The City Manager was asked to make a comprehensive study of the facilities and set policy and procedures for their use. Mr. Tanner stated that the council chambers and the po-lice department was also used for meetings, and virtually every facility was used at one time or another by different groups. He agreed with Mayor Johnson in'ihat-thepolicy shriuld be comprehensive. Council Member Lang commented that she felt it was a historic time for parks with the evolution of the Parks Fund Board. She stated that it was a wonderful enhancement of the City.s programs. Carol Burke, Chairman of the Parks and Recreation Board~ stated that the npark Peop1ell were hosting a banquet on March 23, and awards would be presented to the Parks Board, Friends Board, City of West University P1 ace and the Tree People for working together in a combi ned effor't to beautify the City. The City Attorney left the meeting at 8:15 p.m. BID OPENING FOR THE PURCHASE OF 1993 POLICE VEHICLES: Consideration was given to bids for the purchase of three (3) new 1993 police patrol cars. The following bids were received: Bidder Amount (1) 2 DOOR Mac Haik Ford Luke Johnson Ford Charlie Thomas Ford Jack Roach Ford Wickersham Ford-Lincoln Mercury A.C. Collins Ford (2) FULL SIZE $28,887.50 $31,634.00 $28,700.00 $29,090.00 $26,229.00 $26,900.00 None $13,489.00 $13 ,525 .00 $14,560.00 $13,861.00 $14 ,513 .00 6 City Council Regular Session, February 8, 1993 tV 1 r 1 ~ I I I I i ! A motion was made by Council Member Duke, seconded by Council Member Kelly to refer the bids to Staff for evaluation and rec(}mmendation. The motion was voted on with the following result: Voting Aye: Voti ng Nay: Absent: Mayor Johnson, Council Members Kelly, Duke and Lang None Council Member Nickell STREET IMPROVEMENTS: Consideration was given to an asphalt overlay in an area bounded by University (North), Bellaire (South), Kirby (East) and Wakeforest (West) and authorization to bid. Mayor Johnson stated that he had requested the Staff to research the street surface in the area commonly known as the Pemberton Area. Mr. Tanner stated that the rock seal coat in the Southeast Quadrant of the City was very rough and had very large rocks. The cost of the asphalt overlay would be $103,000 but there could possibly be less expensive options that could be taken to improve the streets in that area. Council Member Kelly asked why this particular area was being considered for improvements since there were many streets in the City that needed improvement. Council Member Duke stated that he received numerous complaints about the streets in the Pemberton area since the completion of the work by Harris County. He added that he had suggested that Harris County redo the work on the streets. Mayor Johnson requested that the Staff consider alternatives and develop a cost analysis to improve the streets and then meet with the County to see what they can do to help. Council Member Lang expressed concern about how the Pemberton area would rank according to the priority areas being established. COMPREHENSIVE CAPITAL IMPROVEMENT PLAN: Consideration was given to matters related to a comprehensive capital improvement plan workshop (Tentative date of February 15, 1993). The Council concurred to schedule the workshop session to discuss the comprehensive capital improvement plan for February 15, 1993 at 7:30 p;m. 7 ) 1 7 2 -:1. City Council, Regular Session, February 8, 1993 INTERLOCALAGREEMENT WITH HARRIS tOUNTY: Consideration was given to an Interlocal Agreement with Harris County that permits the Police and Fire Departments to use its 800 megahertz radio system. Fire Chief Terry Stevenson stated that the City currently operated on an 800 Megahertz Trunked system owned by Missouri City. In January, Harris County made available the shared use of their 800 Megahertz system for Public Safety services. The Harris County system was a new state of the art system and operates from a 1,000 foot antenna located in downtown Houston. The increased height of the antenna would provide increased coverage and better quality transmissions. The Harris County system would be maintained by their communications staff 24 hours a day. Chief Stevenson stated that the funds for the project, for ~n additional cost of $2,394.00 per year, were appropriated in the 1993 budget . Council Member Lang asked what was the possibility of the City being able to access the computer system that the City of Houston was using. --PoliCE~-Chief Steve Griffith replied that they hoped to be able to present some information concerning this to the Council at the next budget. Amotion was made by Council Member Duke, seconded by Council Member Kelly to authorize the Mayor to execute the Interlocal Agreement. 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 APPOINTMENT OF ASSISTANT CITY SECRETARY: Consideration was given to the appointment of an Assistant City Secretary (Susan Riedle). The City Charter allows, with approval of the City Council, for the City Secretary to appoint an Assistant City Secretary. Mr. Tanner stated that he and the City Secretary were trying to shift a number of responsibilities to his Administrative As~istant, Susan Riedle, namely City Currents and possibly the Newcomers Guide. The Assistant City Secretary would be authorized to perform legal technicalities in the absence of the City Secretary. A motion was made by Council Member Lang, seconded by Council Member Duke to appoint Susan Riedle as Assistant City Secretary. City Council Regular Session, February 8, 1993 VI73 .... ~ I I I The motion was voted on with the following result: '-------' Voting Aye: Voti ng Nay: Absent: Mayor Johnson, Council Lang None Council Member Nickell , Mefubers Kel y, Duke and CHARLOTTE/LAKE AREA RECONSTRUCTION AND RELATED MATTERS: Consideration was given to the progre~s of Charlotte/Lake Area reconstruction, problems and changes. Ed Menville, Director of Public Works, presented the Council with a change order for the Charlotte/Lake reconstruction project. The change order was being recommended which related to the installation of a new 12"/8" sewer line being installed in University Boulevard. Mr. Menville stated that there was an unexpected discovery of a pocket of wet sand in an area where the installation of the line was to be done by boring. Boring was the preferred procedure in order to protect the t~~es, hdwever, boring was not an accepted procedure in wet sands. Mr. Menville stated that the two options were to put the line in. the trench which would be placed behind the curb, next to the trees. The other option was to place the line in one of the travel lanes in University Boulevard. He stated that the key concern was the cost. If the line was put in the street, the net cost to the City would be an additional cost of $129,447.74. If the line stays behind the curb, near the trees, the net cost would be $68,793.10. Special efforts to protect four significant trees, which would be affected by this work would cost an additional $3,000.00. Mr. Menville asked the Council to give the Staff some direction on the project but stated that he felt the appropriate option was to trench behind the curb. Regarding the trees, the Urban Forester, Ness Tesno, had consfdered the trees and felt that the two oak trees would survive with some deep feeding and severe pruning. The two sycamore trees would have a 50-50 chance of surviving because the critical root zone would be affected. Mr. Tanner stated that cutting a major thoroughfare, which was in good condition, was also a consideration along with the cost of the project. Dieter Ufer, consulting engineer from Langford Engineering, stated tha t ,as Mr. Menvi1l e pointed out, the Staff had actually looked at three possible ways to minimize the cost difference. Mr. Menville had presented the two most cost effective ways. The third way was simply a combination of the two methods, in the street and behind the curb. Regarding the boring through the quick sand, Mr. Ufer stated that well points could be put in place and the wet sand would be "dewatered" and then boring could take place. The problem with this 9 1-1 Y 4.till City Courrcil Regular Session, February 8, 1993 was that the system would stay put as long as it did not leak. If it leaked, then large sink holes may show up and could cost the City $50,000 to $60,000 to repair. -Mr. Ufer stated that this solution was not an applicable solution and he did not recommend it. ~ Mayor Johnson asked if the unit cost was the basis for arriving at the cost of $68,793.10. Mr. Ufer replied that the contractor had proposed a change order with a unit price base so that if good ground was encountered, the boring procedures could proceed and the City woulg incorporate the savings involved. Mayor Johnson asked Mr. Ufer to define some of the extra units that the contractor would be charging. Mr.Ufer replied that consideration would be given to the extra ~epth used with the trenching, cement stabilized sand, the grass sod, back cutting the trench and safety precautions. Council Member Kelly asked if there \'/ere only tWQ trees that would be in danger. Mr. Ufer replied that there were roughly ten to twelve trees in the area, but only four of these trees were significant. The smaller trees would not be damaged. Mayor Johnson asked the City Manager what the City's relationship was with the property owners in the area and if they were fully aware of the problem~ Mr. Tanner replied that some of the residents were aware of the problem and the Staff was going to have the task of speaking to the residents in the area. Council Member Lang stated that the City needed to show some compassion to the residents. She suggested doing press releases to inform all the concerned residents. A motion was made by Council Member Kelly, seconded by Council Member Duke to authorize a change order in the Charlotte/Lake area reconstruction based on a tentative amount of $68,793.10. 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 OF LEGAL FEES: Consideration was given to the payment of $4,760.40 to the City Attorney for legal services provided during the month of January 1993. Mayor Johnson asked if the City Attorney had to review each and every delinquent tax case. Mr. Tanner replied that the City Attorney only interceded in a small percentage of the delinquent tax cases. 10 City Council Regular Session, February 8, 1993 \J~1:J 11 ~ I I A motion was made by Council Member Kelly, seconded by Council Member Lang to pay the l~Sl:al.. fees.5n the amount of $4.,760.40 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 CONSTRUCTION: Consideration was given to Payment No.8 and final in the amount of $15,700.00 to Purcell Construction for scout house construction. Mr. Menville informed the Council that he detected a minor math error, a charge for tax, which should not be in the invoice. The corrected final payment should be $15,613.00 and the final cost of construction w~thchange orders would be $146,660.00. A motion was made by Council Member Lang, seconded by Council Member Kelly to pay Estimate No.8 and final in the amount of $15,613.00. 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 CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) City Council Workshop on January 25, 1993 (b) City Council Regular Session on January 25, 1993 A moti on was made by Counc i1 Member Duke, seconded by Counc i1 Member Lang to adopt the minutes of the workshop and regular session on January 25, 1993 as presented. 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 11 1"16.. City Council Regular Session, February 8, 1993 COUNCIL COMMENTS: Mayor Johnson stated that members needed to be appointed to the Recycling Committee, Zoning Board of Adjustment and the Friends of the Parks Fund Board. Mr. Tanner stated that a medical director needed to be appointed as soon as the Staff received a written resignation. STAFF COMMENTS: Mr. Tanner informed the Council that the Staff had a very successful trip to Austin to visit the Texas Water Commission. The presence of Sue Schechter, State Representative, on behalf of the City was helpful. The Staff was very optimistic. ADJOURNMENT: With no further business to come before the Council 'at this time, a motion was made by Council Member Lang, seconded by Council Member Kelly to adjourn. The meeting adjourned at 9:25 p.m. tfr~-~ WHITT F. J - ON . MAYOR . KAYLYNN HOLLOWAY CITY SECRETARY 12 - ~ \'0\"-" do J CITY COUNCIL WORKSHOP SESSION MONDAY, FEBRUARY 15, ~993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. lOl 77 ******************** The City Council convened in Workshop Session at 7:30 P.M. in the Municipal Building (3800 University Boulevard) on February 15, 1993. Mayor Whitt F.Johnson, C.ouncil Members Bob Kelly, Jerry Nickell, and Janice Lang were present. City Manager, Director of Finance and Director of Public Works were also present. Council Member Cullen Duke was absent. DISCUSS INFRASTRUCTURE PLAN AND RELATED PROJECTS: Mayor Johnson read a portion of the City's zoning ordinance and stated the purpose of the meeting which was to discuss the infrastructure of the City. ,..---, Mayor Johnson introduced members of the Council, the City Staff, Dieter Ufer of Langford Engineering and Larry Catuzzi of Rauscher Pierce Refsnes, Inc. i '-----' - Also present at the meeting were: Ashley Madray, 3933 Oberlin Joe Studlick, 5321 Sewanee -Robert McBride, 2731 Nottingham Craig DuCote, 4133 Marquette Buddy Bell, 4038 Swarthmore Bill Mackey, 6333 Buffalo Speedway Mr. Catuzzi reviewed the City's _1992 Bond Issue and Refunding Bonds. Chris Taylor, Finance Director, discussed the utilization of utility rates for debt service. He stated that on the $5,000,000 bond sale, the Staff determined how much of the money that was sold was going to be used for util ity projects and allocated that percentage to the utility fund. The utility fund would pay its fair share which should not be tax supported, it should be supported by the util i ty rates. It is an enterprise fund wherein the rates are set so that it covers its operations. Mr. Tanner stated one of the reasons the City does not have ~ higher , rate than it already does was because in the past the general fund has carried utility projects. Mr. Taylor stated that the City was striving to get to the point where utility funds would cover year after year whatever the real percentage is. There wi 11 be many thi ngs that impact the util i ty fund such as the change to surface water. )178 City Council Work'1 Session, February 15, 1993 Dieter Ufer, Consulting Engineer from Langford Engineering, discussed the comprehensive capital improvement plan which would be supported by the bond issuance. Mr. Ufer stated that Langford Engineering was asked to combine several previous separate proposals into one .proposal that would encompass most of the engineering services described in each of the prior individual proposals. The combination would result in producing one engineering report that would serve as a comprehensive capital improvement program for water, wastewater, drainage and streets. Mr. Ufer stated that of the $16,000,000 bond iss~ance, $4,500,000 went to the reconstruction of the Charlotte/Lake Area which would provide sanitary sewer, paving and drainage. The next $5,000,000 would go to the area with the most need. Priority Area 6, which represents 20% to 25% of the City needed to be divided into sub-areas so that each area could be reasonably addressed. Priority Area 6A would cost $5,500,000 and would be ready to go out for bid sometime in July or August. Priority Area 66 would be the last of the $16,000,000 and would be the largest cost because of the _.amount of paving in the area. In each of the three priority areas, the City would be replacing the small, single, three foot wide curb inlet which would facilitate more drainage. Mr. Ufer discussed the City's conversion to surface water. Mr. Ufer stated that there has been a lot of publicity about the subsidence in the Gulf Coast area. West University Place has sunk six to eight inches in the last twenty to thirty years because of the amount of water being drawn out of the aquifers below the City. Mr. Ufer stated that the State Legislature created the Harris/Galveston County Coastal Subsidence District. They are charged with the responsibility of taking everyone off the ground water and on to surface water. Presently, Lake Houston and Lake Livingston provide surface water for the City of Houston and everyone else is on ground water. The first step was to take all the big industries off the ground water because some of these industries were drawing 5,000 gallons a minute. For the first time in fifty years, there was a change in subsidenc~ and a rising of the water is occurring. The Subsidence District has now said as soon as the City of Houston gets their surface water, West University Place then would enter into a contract with them and convert to surface water on a 80/20 basis. The latest deadline to convert is December 1993. There will be a very large increase in the water rates because the cost of surface water is about four times as much as well water. Mr. Ufer stated that the City has hired Langford Engineering to prepare the water 1 ines that will bri ng surface water from t~e City of Houston's lines to the Milton Street Water Plant and also th~ plant on Wakeforest. The City has also asked Langford Engineering to do a master plan for control the surface water called SCADA. This is a computerized monitoring and activating of the water valves and systems whi ch monitors the water all the time, so that the City will be at the 80/20 balance. 2 'UI1'9 -1 Ed Menville, Director of Public Works, discussed the Bissonnet Street reconstruction. This project begins at Maple Ridge in Bellaire and ext(;lTu:ls to ACildemy Street in Wes&University Place. Mr. Menville stated that the project essentially will be tb completely rebuild the roadway, constructing five lanes. The total cost of the project would be $5,700,000. West University Place's portion of that, (17%) which is based on the total distance of the street that is in West University Place, will cost approximately $750,000. Mr. Menville stated that the Bissonnet reconstruction was being done jointly with the Metropolitan Transit Authority. Metro has agreed to pay $3,500,000 of the project. West University Place's share (17%) would cost around $163,000. At this point, the City has submitted a _ draft contract to Metro for their approval. Mayor Johnson expressed appreciation for those who attended the meeting and disappointment in those that ~ould not attend. With no further business to come before Council at this time, the meeting adjourned. A:4M-~~ WHITT F. J 'lStrn MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 3 ) 180 "~11 ~\ ~ \q~ 18 1 ~l CITY COUNCIL SPECIAL SESSION WEDNESDAY, FEBRUARY 17, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. ******************** The City Council convened in Special Session at 7:30 P.M. in the Municipal Building (3800 University Boulevard) on February 17, 1993. Mayor Whitt F. Johnson, Counci 1 Members Bob Kelly, Jerry Nickell, and Janice Lang were present. . City Manager, Director of Finance, Director of Public Works, Urban Forester and City Secretary were also present. Council Member Cullen Duke was absent. 1. Consider options and previous action taken by City' Council that approved a change order to Whitelak, Inc. for installation of a sanitary sewer line along University Boulevard from Wakeforest to Kirby. ~ , i ! Mayor Johnson read a petition presented by a group of citizens who were concerned with the preservation of the trees on University Boulevard in the sewer construction area and requested the petition to be made of record. Those signing the petition were opposed to the decision made by the City Council on February 8, 1993 to open trench University Boulevard in the right-of-way. Mayor Johnson invited residents who wished to speak to come forward at this time. Sandra LeVine, a resident at 2720 University Boulevard, requested the Council to consider an alternative plan to the open trench in the right-of-way on University Boulevard. She stated that the citizens understood that boring was the preferred method but was not possible because of the quick sand in the area. Mrs. LeVine asked the Council to choose one of the methods that would not harm the trees. Themethod that was chosen on February 8 to open trench in the right-of-way would be detrimental to the large, older trees. The trees could possibly survive but would not be the same. She requested the Council to adopt one of the three following methods. Tunneling in the easement, an open trench in University Boulevard or a combination method which would include an open trench in the easement where the trees would- not be harmed combined with tunneling in the easement in the area where the trees would be affected. George Williams, a resident at 2732 University Boulevard, encouraged the Council to protect the trees in the area. He stated that the conservation of nature was a national opinion and should be observed in West University Place. -~ City ~ounCl I ~peclal ~eSSlon, reDruary 1/, l~~J 1J1tj~ n M. Edwin Harris, a resident at 2624 University Boulevard, petitioned the Council to come to a conclusion with some other method besides open trenching. He stated that the tunneling technique was most appealing to him. ~ Gerald Kerbow, a resident at 2630 University Boulevard, requested that the Council agree to the open trench method in University Boulevard. He stated that this method would protect all the trees not just the larger trees. Mr. Kerbow felt that there was plenty of money left in the budget from the Charlotte/Lake project to perform the open trench method in the street. He stated that University Boulevard could be closed off, either partially or totally, long enough to complete that portion of the project. If the backhoe was used properly, the canopy of the trees would not be harmed. Teresa Fogler, a resident at 3610 Sunset, stated that the trees on University Boulevard were part of what make~ West University Place unique. She asked the Council to make a decision that would follow the same spirit of the tree ordinance in protecting the trees that the City was asking builders and residents to follow. Richard Ayers, a resident at 2723 University Boulevard, reminded the citizens that the area between the sidewalk and the street belonged to the City. He s ta ted that the Counc i 1 had the res pons i b il ity of voti ng for what was best for the entire city not just a small portion. He encouraged the Council to uphold their decision of February 8, to open tre-nch the ri ght-of-way. Sonia Benjamin, a resident,at 2715 University Boulevard, stated that the most economical way was not always, in the long term, the best way. She urged the Council to reconsider their decision and consider the al ternatives. Carolyn Cecil, a resident at 2730 University Boulevard, stated that she felt it was important that West University Place keep its integrity. She added that the City should uphold what it was requiring of its citizens concerning the protection of the trees. Chuck Gillan, a resident at 3620 Georgetown, wanted to remind the citizens that they were talking about public property. He stated that the public interest needed to be considered. The Council should be economical with the public treasury. Mr. Gillan suggested that maybe the residents in the area would like to absorb the additional funds needed to protect the trees. Ted Eubanks, a resident at 2701 Amherst, stated that there was a dollar value associated with the aesthetics from the trees. He stated that if there was a risk to the trees~ then the Council needed to offset the additional cost with the dollar value that would be lost should the trees be lost or damaged. Michael LeVine, a resident at 2720 University Boulevard, reminded the Council that three letters were printed in the City Currents from participants in the Tenneco Marathon expressing their views about the 2 fl83 City Council Special Session, February 17,1993 beauty of West University Place. He asked the Council if they thought these people would say that if the trees on University Boulevard were gone. Linda Day, a resident at 4224 Lehigh, stated that she Was delighted that there was popular sentiment that recognized the environment as something precious. She stated that there was a value that goes beyond dollars. It is partly in the beliefs that people have about themselves and their community and the long term value of the City as an environment to live in. Ms. Day stated that the decision facing the Council was only one tiny part of the street but was an issue that speaks for the whole future. Mayor Johnson asked Dieter Ufer, Consulting City Engineer from Langford Engineering, to speak on the subject. Mr. Ufer wanted to assure everyone present that ~hatever open cut location was chosen, if the contractor hits a streak of soil which allows him to continue boring, then he will go back to the augered construction and the unit price used. He did not know if the contractor would honor his unit price on University Boulevard. At this time, the plans had not contained any open cut in University Boulevard. A resident asked Mr. Ufer if it was a problem that some of the sewer line had already been laid. Mr. Ufer replied that every foot of line that had been laid to date was usable. Mike Tanner, City Manager, stated that the Staff had a fiduciary responsibility, even though it may not appeal to some who are concerned about the trees, it was a responsibility that the Staff was required to meet. The Staff could be exposed legally. Mr. Tanner stated that this was the first two blocks of a program that would essentially rebuild the City. There are 308 blocks remaining and when the charter limit on debt was looked at and also the cost of treating everyone the same, the Staff had to be concerned about cost. The City has a debt limit. Mr. Tanner stated that the Staff was working on a comprehensive capital improvement plan. It would be May before the Staff knew what it would cost to rebuild the City. Mr. Tanner presented three options to the Council: .1. Support the February 8, 1993 decision to open trench University Boulevard right-of-way. This option will cost $70,311.10, plus $3,000.00 tree preservation. 2. Support the February 8, 1993 decision to open trench University Boulevard right-of-way and agree to replace the trees that die in the first 5 years following construction (The City Council must decide what size the replacement trees should be). It is impossible to estimate a cost_without tree specifications. 3. Approve a change order to tunnel/open trench University Boulevard and state such a method will only be considered in major street 3 City Council Special Session, February 17, 1993 () 184 ---, i (residentialf;collector) ,right-of-way. This option Will cost $116,700.10. Council Member Lang stated that the Staff hated to tear up a good street and saw the trees as expendable because they could be replaced. She added that the tree people see concrete as expendable and can be replaced quickly. Council Member Lang felt the aesthetics affect the overall economy of the City. She stated that she would favor option three. She suggested supporting a tree planting program along the Ci ty' s streets. Council Member Kelly stated that two years ago, when he was campaigning, one of the messages he got was the feeling that the quality of life was slipping away. He stated that one thing this council would be remembered for was that there have been more changes in the City, in the last two years, as far as the quality of life than in the sixteen years before. Council Member Kelly stated that this Council cracked down hard on building practices. The City already had most of the rules, but they needed to be enforced. He stated that this Council looked at the infrastructure and took a bold step with the $16,000,000.00 bond issue, the largest single bond issue in the history of West University Place. Council Member Kelly stated that the parks have also improved and increased in size in the last two years. Regarding the tree ordinance, he agreed with Ms. Fogler that the City must be on the same standard that is required of the builders and citizens. Council Member Kelly stated that during the regular session of February 8, there were basically two alternatives presented to the Council. One was to open trench in University Boulevard and the other was to open trench in the right-of-way. The argument to open trench University Boulevard was concern for the structural integrity of a major thoroughfare. That, offset against the fact that there was no real danger to the oak trees and a 60/40 chance of survival on the sycamores, and considering the problems that could arise on University Boulevard, he felt that he had voted in the best interest of the City. Council Member Kelly stated that now that there was an additional.. option to open trench in the right-of-way and tunnel under the trees, he felt this would be an acceptable alternative. Council Member Nickell asked what the difference was in time to do the combination method versus the open trench in University Boulevard. Mr. Ufer stated that the contractor would ask for a thirty day extension for either method given all the down time he has already had. Council Member Nickell stated that he wanted to know how much longer it would take to hand tunnel versus cutting the street. Mr. Ufer stated that he felt it would require thirty days longer- to tunnel. Council Member Nickell asked Mr. Ufer if both methods would be structurally sound. Mr. Ufer stated that the safety of the sewer line would be equal in either method. 4 )185 City Council Special Session, February 17, 1993 Council Member Nickell stated that he agreed that the trees needed to be protected. He felt that the Council needed to insure the integrity of the urban forest. Council Member Nickell stated that he would support option number three but he stated that he would rather spend the additional $13,000 dollars to open cut University Boulevard. It would be quicker and more efficient. Mayor Johnson expressed concern about a precedent being set that the Council would have to live with. He stated th~t he felt the Council did not have all of the facts because no oner~ally know ~hat the actually cost was going to be. Mayor Johnson stated that he would support the combination method for tunneling around the trees and open - trench in the right-of-way. A motion was made by Council Member Nickell, seconded by Council Member Lang to approve an additional expenditure of $59,136.64 and rescind the change order to a total of $130,000.00 to do open trenching ;n University Boulevard to protect the trees. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Council Members Kelly, Lang and Nickell Mayor Johnson Council Member Duke With no further business to come before Council at this time, a motion was made by Council Member Nickell, seconded by Council Member Kelly to adjourn. I '------ The meeting was adjourned at 9:15 p.m. ~~7~~ WH TT F. JOH . MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 5 I .' CITY COUNCIL REGULAR SESSION MONDAY, FEBRUARY 22, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** . 3 \~ \~~ to 18 6 The City Council convened in regular session in the Municipal Building, 3800 University Boulevard, on Monday, February 22, 1993. Mayor Johnson presiding, Council Members Kelly, Lang and Nickell were present. The City Manager, Public Works Director, City Attorney, Finance Director, Chief of Police, Director of Parks and Recreation, Urban Forester and City Secretary were also present. Mayor Johnson delivered the invocation and Council Member Lang led the Pledge of Allegiance. Council Member Duke was absent. OATH OF OFFICE: Mayor Johnson administered the Oath of Office to newly a appointed member of the Parks and Recreation Board (Cora Bess Parks) and a newly appointed member of the Board of Directors of the Friends of West University Place Parks Fund (Jere Ahrens). ~ I ~ HEARING OF~RESIDENTS: Mayor Johnson invited residents who wished to address the City Council to corne forward as their names were called. Melanie Mouzoon, a resident at 2729 Werlein, asked the Council to consider a proclamation of 1993 as the Year of Interracial Understanding and Appreciation. Dorothy Rieger, a resident at 6516 Brompton, asked the Council to increase the Senior Citizens homestead exemption. She stated that when she built her house, the cost was $6,000 and was now valued at over $400,000. She felt that there were senior citizens that could not pay their taxes. CHARLOTTE/LAKE AREA RECONSTRUCTION AND RELATED MATTERS: I' Consideration was given to sanitary sewer construction, tree - preservation and related matters. During the special session on February 17, 1993, the City Council approved a change. order to open trench University Boulevard at an estimated cost of $130,000.00. '----' 18"7 .J. Ci ty Council Regu 1 ar Session, February 22, 1993 Mike Tanner, City Manager, presented estimated costs to fully implement the plan to open trench University Boulevard. The cost to open trench University Blvd. would actually be $173,669.24. Included in this amount was a change order to Whitelak, Inc. in the amount of $136,586.24, barricading and striping the detour route ($1,500.00), pruning trees on University Blvd. ($1,185.00), traffic control ($11,988.00) and an overlay of Wakeforest and Fenwood Streets following traffic detour ($22,410.00). Mr. Tanner requested that the Council consider four options~ 1. Support the February 8, 1993 decision to open trench University Boulevard right-of-way. This option will cost $89,852.31 as well as $3,000.00 to prune and deep feed the 4 trees directly affected. 2. Support the February 8, 1993 decision to open trench University Boulevard right-of-way and agree to replace the trees that die in the first 5 years following construction (The City Council must decide what size the replacement trees should be). It is impossible to estimate a cost~without tree specifications. 3. Approve a change order to tunnel/open trench University Boulevard and state such a method will only be considered in major street (residential/collector) right-of-way. This option will cost $149,771.53. 4. Support the February 17, 1993 decision to open trench University Boulevard. This option will cost $173,669.24. L.... Mayor Johnson asked Dieter Ufer, Consulting Engineer from Langford Engineering, to explain the additional $6,586.24 which was added to the original change order approved for $130,000.00. Mr. Ufer stated that the additional $6,586.24 would be for the replacement of four standard, single B inlets that are in the construction area. These inlets would have to be removed during construction and it would be more cost effective to replace the old fashioned single B inlets with standard, double B inlets during the time of construction. This would be done at the Contractor1s unit price~ Council Member Kelly asked the City Manager if these figures were firm with the Contractor. Mr. Tanner replied that the figures were firm and the unit price charged by the Contractor would not change. Council Member Kelly asked the Urban Forester, Ness Tesno,if the safest alternative for the four trees on University Boulevard was the option to tunnel and trench. Ms. Tesno replied that to do the combination option, tunnel and trench, would be safer for the trees then to trench strictly in the street. Mayor Johnson asked the City Attorney if providing -traffic control and tree preservation during the Charlotte/Lake area reconstruction was a legitimate bond expenditure or a general fund item. Jim Dougherty, City Attorney, replied that the bonds were voted for a general purpose 2 City Council Regular Session, February 22, 1993 ~18B l use and carry with them those things which are necessary to accomplish this general purpose as well as those things that are reasonably implied by the approval of the general purpose. . If the additional expenditures are part of the larger expenditure and it is directed toward a legitimate purpose then the additional expenditures could be part of the project. Mayor Johnson expressed his personal opinion that expense of bond funds for paying policemen overtime salaries, restriping streets and asphalt overlay was not a legitimate bond fund expenditure. Council Member Nickell asked Ms. Tesno if pruning endangered the life o.f the trees. Ms. Tesno repli~d that the amount of harm depended on the amount of pruning that was done to the trees. Council Member Nickell stated that the City Manager had informed him that there was a certain amount of clearance required for trees on major thoroughfares and the trees on University Boulevard were approaching a borderline condition. Council Member Nickell added that trees have to be pruned occasionally over roadways to accomodate traffic. -. ~ Council Member Nickell asked Mr. Ufer if the $130,000.00 for the change order to open trench University Boulevard was an accurate estimate presented to the Council on February 17, 1993 except for the addition of. the four inlets. Mr. Ufer replied that the number was accurate. Council Member Nickell stated that the $70,000.00 that was originally presented to the Council on February 8 for option number one had increased to $92,852.31. Option number three increased from $116,700.10 to $149,771.43 which does not require any traffic diversion or street overlay. Option number four only had an increase of $6,586.24. ~ ~ Council Member Nickell stated that the Council had received a letter from White1ak, Inc. requesting $30,000.00 per week in lost profits and overhead for the delay in the Charlotte/Lake area project. He felt that the City had a potential liability. Council Member Lang stated that she was embarassed that the Council did not have the correct cost estimates at the first meeting and that she was unaware that the Urban Forester had recommended tunneling as the best protection for the trees. There was a discrepancy on whether the trees over University Boulevard would have to be pruned in order to open trench the street. Mr. Ufer stated that it was the intent of the Contractor to make up for lost time and to use a machine that would move the dirt as quickly as possible and do as little damage as possible to the overhead trees. Council Member Lang stated that the difference to open trench University Boulevard right-of-way and to tunnel and open trench University Boulevard right-of-way would be $60,000. She asked if $60,000 was a realistic amount to tunnel under four trees. Mr. Tanner '---- 3 ~ 189 ... City Council Regular Session, February 22, 1993 replied that the Staff had met with the Contractor who had presented written statements concerning the quotes from sub-contractors. . Mr. Ufer stated that on February 8, 1993, the price quoted by the Contractor, to tunnel under the four trees, was $300.00 per foot. There are 265 feet to get pass the four trees. The current price quoted was now $350.00 per foot. Mayor Johnson asked what would be the depth of the trench. Mr. Ufer replied that no matter where the trench was located, the depth of the trench would be 12 feet. Mayor Johnson reminded everyone at the meeting that he had opposed open trenching in University Boulevard. He felt that open trenching was too expensive and that there was a possibility of some aftermath because of the quick sand. Mayor Johnson stated that he felt the open trench in the right-of-way, with protection to the trees, would be the best solution. Council Member Kelly stated, regarding the letter from Whitelak, Inc. requesting $30,000 per week for the delay in the project, was only "puffing" onWhitelak's part. He stated that he felt the City had moved in all due deliberate speed, considering the problem they faced, and that the Council would have been derelict in their duty if they had not taken the time to restudy the problem. He stated that the total time involved was extremely reasonable, considering the magnitude of the project. Council Member Kelly stated that he agreed with Council Member Lang in .that it was inconceivable why the City has had the price changes. He added that when unexpected things arose on a construction project, the City was at the mercy of the sub-contractors. Mayor Johnson invited residents who wished to speak to the Council regarding the Charlotte/Lake area reconstruction to come forward at this time. Chuck Gillan, a resident at 3620 Georgetown, stated that he had concluded that there was a fundamental issue which needed to be resolved regarding the City's bond money. The issue was whether or not bond money should be spent on intangibles, that is, expenses that are not ordinary and/or necessary. He felt that these expenditures would harm the City's integrity in the bond market. George Williams, a resident at 2732 University Boulevard, stated that a precedent might be set by cutting down the trees. He felt that a price could not be set on the beauty of the City. Sandra LeVine, a resident at 2720 University Boulevard, asked the Council to either uphold the February 17 decision to open trench University Boulevard with the approval of additional funds to use the smaller equipment under the trees or to approve the combination method of open trenching in the right-of-way and tunneling in the areas where the trees would be harmed. , L... 4 City Council Regular Session, February 22, 1993 IlJ 1 90 J J Gerald Kerbow, a resident at 2630 University Boulevard, supported the open trench in Uni~ersity Boulevard. He stated that the distance of the lowest branch df'.'thetrees over University Boulevard'wa.s twelve feet six inches and the larger equipment, if operated properly, would not damage the canopy of the trees. He presented pictures of the trees extending over the streets on University Boulevard and Amherst Street. Mr. Kerbow felt that this portion of the project could be classed as totally unique and would not establish a precedent for the rest of the project. Council Member Kelly asked Mr. Kerbow if he understood that if tunneling was used next to the four trees, there would be no damage to the trees. Mr. Kerbow replied that he understood this, but the cost of tunneling had increased from $300 to $350 per foot. Council Member Kelly reminded Mr. Kerbow that, in total terms, the combination, tunnel and trenching inside the right-of-way, would cost less than open trenching in University Boulevard. Mr. Kerbow expressed concern for the smaller trees in the area. Council Member Kelly reminded Mr. Kerbow that the Urban Forester had stated that the smaller trees in the area. would not be harmed by the combination method. Richard Simon, a resident at 2628 University, supported the option to open trench University Boulevard. He urged the Council to preserve the beauty of West University Place by not killing a single tree. I I Council Member Nickell made a motion to approve the change order as presented by Langford Engineering, Inc. for $136,586.24 as agreed upon at the last Council meeting with the addition of $3,000.00 for barricading University Boulevard, striping the detour route and for pruning the trees in these areas. This work should only be authorized for major West University Place thoroughfares. The motion failed for lack of a second. ,.----.,. Council Member Kelly stated that he found there was a difference in the cost between the combination method and the street method, that the cost was greater with the open trench in University Boulevard plus the additional problems of rerouting traffic. With the combination method, there was little or no risk to the trees on University Boulevard. That being the case, the extra money being spent should have some reasonable basis to what the City was trying to do. Council Member Kelly stated that he did not find any reasonable basis to spend extra money to open trench University Boulevard. A motion was made by Council Member Kelly, seconded by Council Member Lang to set aside the previous change order approved on February 17, 1993 and that a new change order in the amount of $149,771.53 be approved for the combination method to tunnel and open trench . University Boulevard right-of-way and that this should be considered a reasonable expense considering the size and age of the trees, and being located in a major thoroughfare. Council Member Nickell commented that he was embarassed that the Council was still discussing this issue and that this was the same '------' 5 1191 ,11. City Council Regular Session, February 22, 199~ Council that had made a workable decision on February 17, which he felt would have achieved the City.s goal. Council Member Nickellstated that the combinati~n, trench and tunnel method, had increased approximate1y$33,UOO from its original $116,000 figure. The option to trench University Boulevard had increased approximately $9,000 from $130,000. He felt that the possible $22~OQO that was listed as an expenditure to resurface Fenwood and Wakeforest was questionable. Council Member Nickell stated that if the City did have to overlay the streets, it would be an added benefit to the community and would alleviate the need to overlay the streets in the future. He felt that the overtime for the Police Officers for traffic control did not need to be addressed at that time. Council Member Nickell stated that if the Council supported the combination method, the City would be spending in excess of $10,200 from.whatwas approved on February 17 because the price of tunneling had gone ~psignificantly since the last vote. He felt that the only reason this. item was on the agenda again was because there was one abstaining vote last time and he controlled the agenda. Council Member Nickell stated that he would not vote in favor of the motion on the floor. Mayor Johnson stated that the Mayor did not control the agenda. He added that he had never favored an open trench in University Boulevard. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly and Lang Council Member Nickell Council Member Duke A resident stated that he had planted nineteen trees on his property and had put ina sprinkler system on the City.s property. He asked what guarantee he would have that the City would replace his sprinkler system, grass and trees. Mayor Johnson assured the resident that'his sprinkler system would be protected and the grass wriuld be replanted. BID OPENING FOR THE PURCHASE OF COMPUTER EOUIPMENT: Consideration was given to bids for the purchase of computer equipment for the City Secretary, City Manager, Police Chief and Finance Director. The following bids were received: Bidder Amount Data Tracking Associates Nova Computers Microstop-PC Warehouse Gateway 2000 Dell Computer Corporation Computer City (#1 Bissonnet) $15,696.00 $11,234.00 $9,714.00 $12,370.00 $10,633.00 $14,941.80 6 City Council Regular Session, February 22, 1993 I I i Computer City (#2 Greenspoint) Prelude Computers Valcom Computer Center Prime Systems Micro Age Computer Centers I SA, I nc . Alamo Data Systems, Inc. Compuadd Superstore Southwestern Laser Charge $12,315.00 $14 ,8~1.90, $19,098.00 $12,074.00 $19,664.00 $11,794.00 $11 ,441. 00 $11,939.56 $15,045.00 A motion was made by Council Member Lang, seconded by Council Member Nickell to refer the bids to Staff for evaluation and recommendation. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke BID OPENING FOR THE PURCHASE OF PUBLIC WORKS TRUCKS: Consideration was given to bids for the purchase of 3 light trucks for the Public Works Department. The following bids were received: Bidder Commercial Van 1/2 Ton Truck 3/4 Ton Truck Charlie Thomas Ford $14,375.00 $12,275.00 $15,540.00 Knapp Chevrolet (#1). $13,342.00 $16,139.00 $15,841.00 Knapp Chevrolet (#2) $13,070.00 $15,831. 00 $18,031.00 Joe Myers Ford, Inc. $14,321.00 $13,313.00 $15,979.00 Mac Haik Ford $14,520.60 $13,231.92 $15,622.92 A.C. Collins Ford $14,531.00 $13,260.00 $15,805.00 A motion was made by Council Member Lang, seconded by Council Member Nickell to refer. the bids to Staff for evaluation and recommendation. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor _Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke BID OPENING FOR THE PURCHASE OF CHLORINE GAS: 7 111 ~2 I'. ~ 190-" City Council Regular Session, February 22, 1993 Consideration was given to the purchase of chlorine gas for sewage treatment in the Public Works Department. The following bids were received: DXI Industries, Inc. Jones Chemicals, Inc. 1 ton cyclinder $382.70 $450.00 150 lb. cylinders Bidder $57.00 $75.00 A motion was made by Council Member Lang, seconded by Council Member Kelly to refer the bids to Staff for evaluation and recommendation. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell NODe Council Member Duke The City Attorney left the meeting at 9:45 p.m. BID OPENING FOR THE PURCHASE OF SODIUM BISULFITE: Consideration was given to the purchase of sodium bisulfite (40%) for sewage treatment in the Public Works Department. Bidder Ton Pound DXI Industries Mid-Co Chemicals CCI $300.00 $280.00 not included $.15 $.14 $.14 A motion was made by Council Member Lang, seconded by Council Member Nickell to refer the bids to Staff for evaluation and recommendation. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke BID OPENING FOR THE PURCHASE OF SLUDGE DEWATERING POLYMER: .~ 8 City Council Regular ~esslon, reoruary LL, l~~~ 1\1 J. '1 q. Consideration was given to the purchase of sludge dewatering polymer (percol 767) for s.ewage treatment in the Public Works Department. The following bids were received: Bidder Ton Pound Napco Chemical Co~ Allied Colliods, Inc. Water Chern Citi Chern, Inc. Fort Bend Services $3,030.00 $2,800.00 $3,060.00 $2,678.00 $2,800.00 $1.515 $1.40 $1.53 $1.339 $1.40 A motion was made by Council Member Lang, seconded by Council Member Nickell to refer the bids to Staff for evaluation and recommendation. The motion was voted on with the fol1owing result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Ke ny, Lang and Nickell None Council Member Duke I I i --I. BIOS FOR THE PURCHASE OF POLICE PATROL CARS: Conslderationwas given to bids received February 8, 1993 for the purchase of3 new Police patrol cars. The Police Department recommended that the award for the purchase be given to the low bid from Wickersham Ford in the amount of $41,870. Mr. Tanner stated that the amount budgeted Tor the three vehicles was $43,500. A motion was made by Council Member Nickell, seconded by Council Member Lang to approve the purchase of the three patrol cars from Wicke~sham Ford for the total amount of $41,870 as recommended by Staff. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke ORDINANCE CALLING CITY ELECTION FOR MAY 1, 1993: -----' 9 r195 JII City Council Regular Session, February 22, 1993 Consideration was given to the first and final reading of Ordinance No. 1454. Mayor Johnson read Ordinance No~ 1454 as follows: .~ AN ORDINANCE CALLING AN ELECTION WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FOR THE FIRST (1ST) DAY OF MAY~ 1993, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCIL MEMBERS; DESIGNATING PRECINCTS AND POLLING PLACES; APPOINTING ELECTION OFFICIALS; CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO SAID ELECTION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: SECTION 1. A general election is hereby ordered and shall be held in the City of West University Place, Texas, ("Citi') on Saturday, the 1st day of May, 1993, for the purpose of electing a Mayor and four (4) Council Members of said city. SECTION 2. (~) An electronic voting system and punch-card ballots shall be used for such election. (b) Punch-card ballots and punch-card ballot labels and early voting ballots for the general election shall be prepared in accordance with the applicable provisions of the TEXAS ELECTION CODE (in English and in Spanish) so that the voters may cast their ballots for the candidates of their choice by making a punch hole in the space provided adjacent to the name of that candidate. L (c) .The City Council hereby appoints a Presiding Judge, Gene DeLaveaga, for the Central Counting Station, which for purposes of this election shall be located at the West University Place Municipal Building, 3800 University Boulevard. Victor Hansen shall serve as the . Manager of the Central Counting Station and Kaylynn Holloway as Tabulation Supervisor for the election. .. Said appointments are made for this election only. (d) The appropriate election officials shall conduct a test of the automatic tabulating equipment on Thursday, April 29, 1993 at 3:30 p.m. in the Council Chambers at the Municipal Building, 3800 University Blvd., Houston, Texas 77005, open to the public. SECTION 3. (a) The City shall be divided into four election precincts for the concurrent elections, and the polling places designated for each election precinct and the persons hereby. appointed to serve, for this election only, as Presiding Judge and Alternate Presiding Judge for each polling place, are as follows: Voting Precinct #183 . wes"t lJn1versHy EUlllmunity Building 6104 Auden '-- 10 City Council Regular Session, renruary zz, 1~~~ 1)196 .1 ~ I i I Laura West, Presiding Judge Mary Forristall, Alternate Presiding Judge Voting Precinct #133 Colonial Park Recreation Center 4130 Byron Hazel Pitts, Presiding Judge H. K. Pitts, Alternate Presiding Judge Voting Precinct #87 West University Elementary School 3756 University Blvd. John B. Hurst, Presiding Judge Peggy Pentecost, Alternate Presiding Judge Voting Precinct #15 St. Andrew's Presbyterian Church 5308 Buffalo Speedway Burt Ballanfant, Presiding Judge Ramsay Elder, Alternate Presiding Judge (b) Said precincts shall be the same as the Harris County voter precincts bearing the same numbers indicated above, as such precincts were most recently established by the Commissioners Court of Harris County, Texas. ----' (c) Each Presiding Judge shall appoint not fewer than two and not fuore than five qualified clerks to serve and assist at the polling place under his/her jurisdiction in holding said election; provided that, if any Presiding Judge herein appointed actually serves in holding said election, the Alternate Presiding Judge for the precinct in question shall be one of the clerks. (d) On election day, the polls shall be open from 7:00 A.M. to 7:00 P.M. (e) Early voting by personal appearance shall be conducted at the City Secretary.s office, Municipal Building, 3800 University Blvd., Houston, Texas 77005, during the hours the City Secretary's main business office is regularly opened for business, 8:00 a.m. to 5:00 p.m., Monday, April 12, 1993 through Tuesday, April 27, 1993, in accordance with the provisions of the TEXAS ELECTION CODE, which address shall also be the early voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. T~e early voting clerk is the City Secretary of the City. Applications for ballots by mail must be received no later than the close of business on Friday, April 23, 1993. (f) Early voting will also be held on Saturday, April 24, 1993 from 10:00 a.m. to 2:00 p.m. at the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. 11 )197.... City Council Regular Session, February 22, 1993 SECTION 4: All qualified electors of the City shall be permitted to vote at said election. Not withstanding any provisions to the contrary in this ordinance, this election shall be held and conducted in accordance with the TEXAS ELECTION CODE, and, as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. SECTION 5: The form of the notice prescribed by the Secretary of State's Office of the State of Texas shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be given by publishing it and posting it in accordance with Section 4.003, of the TEXAS ELECTION CODE~ SECTION 6: The Mayor, the Mayor Pro Tern, the City Manager, the City Secretary and the Assistant City Secretary, or any one of them, are authorized on behalf of the City Council to evidence adoption of this Ordinance and to do any and all other things legal and necessary in connection with the holding and consummation of such election and to give effect to the intent of this Ordinance. SECTION 7: 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 8: All ordinances and parts of ordinances in conflict herewlth are hereby repealed to the extent of the conflict only. SECTION 9: 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 10. The public impottance of this measure and the requirementsot 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 ON FIRST AND FINAL READING, this day of , 1993. Voting Aye: Voting Nay: 12 City Council Regular Session, February 22, 1993 III 19 tj l I Absent: Signed: Whitt F. Johnson Mayor ATTEST: Kaylynn Holloway City Secretary Approved as to Form: (SEAL) JamesL. Dougherty, Jr. Ci ty Attorney Copies of Ordinance No. 1454, in the form required for adoption were available to all members of the Council. ---., A motion was made by Council Member Nickell, seconded by Council Member Kelly to adopt Ordinance No. 1454 on the first and final reading. The motion was voted on with the following result: i ------' Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council MemberOuke ORDINANCE PROHIBITING REPEATED FOLLOWING AND HARASSMENT OF A PERSON: Consi~eration was given to the first reading of Ordinance No. 1455 Mayor Johnson read the caption of-Ordinance No. 1455 as follows: AN ORDINANCE RELATING TO HARASSMENT AND FOLLOWING OF PERSONS, SOMETIMES REFERRED TO AS "STALKING";AMENDING THE CODE OF ORDINANCES AND DECLARING CERTAIN CONDUCT TO BE UNLAWFUL; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. . ! Copies of Ordinance No. 1455, in the form required for adoption, were available to all members of the Council. A motion was made by Council Member Kelly, seconded by Council Member Lang to adopt Ordinance No. 1455 on the first reading. I '-----' 13 l199....J. City Council Regular Session, February 22, 1993 The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke SENIOR CITIZEN TAX EXEMPTION: Consideration was given to an increase in the senior citizen (Over 65) tax exemption. Chris Taylor, Finance Director, presented two schedules concerning the homestead/tax rate analysis and the homestead exemption analysis. Mr. Taylor stated the homestead/tax rate analysis was designed to present the assessed value of the home from the certified roll and the tax levy. These two values do not change. The variables to consider were the amount of exemption for the over 65 and what rate would then be necessary to generate that tax levy. The schedule showed, as the over 65 homestead exemption increased from $42,850 to $100,000, the tax rate was calculated to show what would have.to be levied in order to generate the same amount of revenue. The second schedule, homestead exemption analysis, took the current tax rate of $.3750 and the current homestead exemption of $42,850 and the actual amount of tax paid by the homeowners that qualify for the ~ exemption, at different home values, from $100,000 to $750,000. As the homestead exemption increased and the levied tax rate was increased in order to generate the same amount of revenue, the schedule showed the net amount of savings to the over 65 homeowner. Council Member Lang commented that the schedule only showed what the homeowner was paying at the current tax rate and did not show the amount of savings. The schedule did not present a comparable figure. Council Member Nickell stated that he would like to know what the current and total savings would be. Council Member Nickell stated that on January 18, 1993 he sent a letter to the..Senior Services Board regarding the homestead exemption. He met with the Board on February 11, to talk about their feelings and ideas. Council Member Nickell stated that in 1981, when the exemption increased to $42,850, the average home that the Senior Citizens lived in was ;n the $50,000 range. Since 1981, the property value.of their homes have increased three to fourfold and the exemption had stayed the same. Council Member Nickell stated that the Senior Citizens have expressed a desire for the homestead exemption to be in the $92,850 to $100,000 range. Council Member Kelly commented that if the tax rate was raised $.02, the savings would be $186.00 per year on a $100,000 home and on a L.. 14 City Council Regular Session, February 22, 1993 VEDO JJ $200,000 home the savings would be $169.00 per year. He felt this was a large, proportional tax rate increase for a very limited savings. Council Member Kelly stated that there must be a large percentage of tax payers who would get this exemption. Mr. Taylor replied that about 20% of the tax payers would get the homestead exemption. Council Member Kelly stated that he would be interested to know that for each $.01 that the tax rate was raised, what additional amount would someone, who has a $300,000 home, have to pay. Mr. Tanner reminded the Council that they needed to keep in mind, that the City would see a tax rate increase for a bond sale, which would probably be between $.02 and $.03. Also, a rate increase on utilities would come with the purchase of surface water from the City of Houston. He stated that there were a number of issues that need to be considered before the Council moved forward. The Council could possibly consider a simple $.01 increase this year and agree to consider an additional $.01 increase during the budget process for next year. Mayor Johnson stated that he had requested that the Senior Citizen tax exemption be put on the agenda for discussion because the Council had expressed an interest. He added that if the Council wished to go further with the exemption then a workshop could be scheduled to do so. Council Member Nickell stated that his objective was to provide enough relief with the homestead exemption so that the Senior citizen's increase in utility rate wouldbe a wash. He added that this would be a significant amount of money for someone on a fixed income. Mr. Taylor stated that he would run a schedule to show what the impact would be on all the non-exempt tax payers in the City and he would also run a general scenario, making assumptions for the next two to three years, to show value growth, debt and the impact on the sell of the property. TAX REFUND: Consideration was given to 1992 ad valorem tax refunds. Mr. Taylor recommended the refund of tax over payments. A motion was made by Council Member Nickell, seconded by Council Member Kelly to refund the over payments of property taxes. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke 15 )E01-" City Council Regular Session, February 22, 1993 PAYMENT FOR ENGINEERING SERVICES: Consideration was given to the payment of $11,363.06 to Langford Engi neeri ng: (a) Invoice No. 7079 in the amount of $2,177.29 for the design of sanitary sewer lines, water lines, storm sewer lines, streets and drainage structures in Priority Area6A. (b) Invoice No. 7080 in the amount of $5,010.00 for the development of the comprehensive capital improvement plan. (c) Invoice No. 7081 in the amount of $3,232.86 for services provided during the construction of sanitary sewer lines, streets and drainage structures in the Charlotte/Lake Area. (d) Invoice No. 7082 in the amount of $530.62 for, Wakeforest Water Plant improvements. . (a) Invoice No. 7083 in the amount of $412.29 for the design of the surface water transmission line. A motion was made by Council Member Kelly, seconded by Council Member Lang to approve the payment of invoice no. 7079, 7080, 7081, 7082, and 7083 in the amount of $11,363.06 to Langford Engineering. The motion was voted on with the following result: .~ Voting Aye: Voting Nay: Absent: Mayor Johnson , Council Members Kelly, Lang and Nickell None Council Member Duke PAYMENT FOR CHARLOTTE/LAKE AREA RECONSTRUCTION: Consideration was given to the payment of Estimate No. 1 in the amount of $78,033.00 to Whitelak, Inc. for work performed (January 18 through February 3, 1993) in the construction of sanitary sewer lines, drainage and street improvements in the Charlotte/Lake area. A motion was made by Council Member Nickell, seconded by Council Member Lang to approve payment of Estimate No. 1 in the amount of $78,033.00. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Ni ckell None Council Member Duke 16 City Council Regular Session, February 22, 1993 IV ~ U A::; . 4 I I I CITY COUNCIL MEETING MINUTES: --.-J Consideration was given to the minutes of the Regular Session conducted on February 8, 1993. Council Member Nickell stated that he was absent from the meeting on February 8 and his name was listed in the minutes as voting. He asked the City Secretary to make that correction. A motion was made by Council Member Kelly, seconded by Council Member Lang to adopt the minutes of the Regular Session on February 8, 1993 as amended. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None CounctlMember Duke COUNCIL COMMENTS - DISCUSSION ONLY Council Member Nickell stated that he-contacted Texas Water Commission concerning a grant for recycling used motor oil and other automotive related items. Only two cities in the state of Texas had filed for the grant. He gave the City Manager an application for consideration in applying for the grant. . Council Member Lang asked what the procedure was for informing new residents of their garbage and recycling pick up days. Mr. Tanner replied that new residents were informed when they open their utility account. They receive a newcomers guide with other items about the City. ~ Council Member Lang asked Chief Griffith what triggered the Hauser's cat problem. Chief Griffith stated that a neighbor had called to complain about the number of cats the Hauser's owned. Mrs. Hauser also had come to City Hall to register all six of her animals. Mayor Johnson informed the Council that he had an appointment with Byron Barnes, a member of the Historical Society, who would like to do a history of West University Place. Council Member Kelly asked if the sign on the Scout House was donated to the City. Mr. Tanner replied that someone had put the sign up without informing the Staff. .He had asked the Parks and Recreation Director to remove the sign. ADJOURNMENT: 17 J~Ut:S.. City Council Regular Session, February 22,1993 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 10:35 p.m. ~~~~ WHITT F. JO S N . MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 18 ifi~-~- l ~i CITY COUNCIL SPECIAL SESSION MONDAY, MARCH 8,1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. ******************** The City Council convened in Special Session at 7:00 P.M. in the Municipal Building (3800 University Boulevard) on r~arch 8, 1993. Mayor Whitt F. Johnson, Council Members Bob Kelly, Cullen Duke and Janice Lang were present. City Manager, Police Chief, City Attorney, City Secretary and Susan Bickley, attorney from Sewell and Riggs were also present. Council Member Jerry Nickell was absent. MATTERS RELATED TO PENDING LITIGATION: The City Council convened in Executive Session to discuss pending litigation of Donna Gilbert Gebhardt v. City of West University Place. The City Council adjourned the Executive Session at 7:15 p.m. and convened in open session. Mayor Johnson requested a motion. ~ ! A motion was made by Council Member Duke, seconded by Council Member Kelly to enter into the release and contract of settlement with Donna Gilbert-Gebhardt as outlined in the executive session. The motion was voted on with the following result: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Duke None Council Member Nickell. Voting Aye: Such motion carried and the meeting adjourned at 7:16 p.m. kdk 7-~~ WHITT F.JO . SON MAYOR KA YL YNN . HOLLOWAY CITY SECRETARY k ) ~ UD "'. '-- l I CITY COUNCIL REGULAR SESSION MONDAY, MARCH 8,1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** tlf I~/?-'Y{'V lO206 The City Council convened in regular session in the Municipal Building, 3800 University Boulevard, on Monday, March 8, 1993. Mayor Johnson presiding, Council Members Kelly, Lang and Duke were present. The City Manager, Public Works Director, City Attorney, Finance Director, Chief of Police, Director of Parks and Recreation and City Secretary were also present. Mayor Johnson delivered the invocation and Council Member Duke led the Pledge of Allegiance. Council Member Nickell was absent. BOND ISSUE: Consideration was given to the sale of public improvement bonds authorized by the August 8, 1992 Special Election. Larry Catuzzi, Financial Advisor from Rauscher Pierce Refsnes,Inc., stated that the bond market had improved three quarters of a point since his last meeting with the City Council. He stated that because of this improvement, the Council may want to consider selling the balance of the bonds that were authorized for next year. When the program was run initially, most of the numbers were around 7% which was the prevailing rate. Since the refunding, the new money issues were at 6.50%. Mr. Catuzzi stated that he sold an issue in Montgomery County for 5.30%. Mr. Catuzzi's opinion was that over the long term, rates would continue to fall. Mr. Catuzzi presented the Council with two scenarios for the issuance of bonds. The first was to issue five or six million this year and issue the balance next year. The second scenario was to issue the entire eleven million that was left in authorization and escrow whatever funds the City did not need to use immediately in 1993. Mr. Catuzzi reported that the cash flow in terms of tax rates were almost identical. To sell the eleven million would take a higher tax rate for 1994. He stated that the Council could insure the City would get a relatively low interest rate now for all of the bonds or split the bonds and maybe take the risk of where the rates would be next year. Mr. Catuzzi assured the Council that the City was looking at J, relatively similar tax rates than was presented in the original proposals and also looking relatively similar tax rate increases to do either a split i~sue or the combined issue. Mayor Johnson asked Mr. Catuzzi if the City was pressed for time to make an immediate decision. Mr. Catuzzi replied that he did not think the City was pressed for time. He stated that the City could '~u'r J,. City Council Regular Session, March 8, 1993 move forward very quickly or the market could be monitored over the next thirty to forty-five days. Mayor Johnson expressed concern about selling $11,000,000 in bonds at one time and drifting away from the City's level of debt schedule plan. Mr. Catuzzi stated he had structured the bonds, in either case, to sell eleven million at one time or five million and six million at different times to maintain level debt service. Chris Taylor, Finance Director, presented different schedules to the Council which showed a tax rate and cash flow analysis for a split issuance or combined issuance of bonds. Mike Tanner, City Manager; reported that the Staff's position was an aggressive one. He stated that the Council did not need to make a decision that night and suggested that a workshop could be scheduled in the next month to discuss the options further. HEARING OF RESIDENTS: Mayor Johnson invited residents who wished to address the City Council to come forward as their names were called. Cullen Matthews, a resident at 4123 Darwin, stated that he was a boy scout with Troop No. 55. He was attending the council meeting to learn more about government in the community which would help him to meet one of the requirements to receive his Eagle Merit Badge. ~ Chuck Gillan, a resident at 3620 Georgetown, opposed the increase in the senior citizen tax exemption. He stated that he opposed the , additional exemption because the basic tax structure was residential and any change would be shifting the load to. the younger people or would be cutting back on the City's services.. , . Dorothy Reiger, a resident at 6516 Brompton, encouraged the Council to increase the senior citizen tax exemption. She stated that she moved to West University Place in 1937 and that she and other citizens made the City what it was during that time. Mrs. Reiger felt that they did a lot for the City and should be rewarded because the new residents were not helping the senior citizens, they were hurting them by costing them more money. She stated that the Senior Services Board was entirely responsible for encouraging the increase in the tax exemption. Mrs. Reiger added that she was very proud of the current administration because they had accomplished more than any of4the other administrations in the past years. SENIOR CITIZEN TAX EXEMPTION: 2 City Council Regular Session, March 8, 1993 l\l ~u ~ ] Consideration was given to a revised schedule prepared by the Finance Director and matters related to the senior citizen (over 65) tax exemption. ~ -c. . The Council agreed to meet in special session on Wednesday, March 24 at 7:30 p.m. to further discuss matters related to the senior citizen tax exemption. Mr. Taylor presented schedules showing the impact of various levels of exemption and the corresponding tax rate necessary in order to maintain the same levy. Council Member Kelly stated that every year the City would always spend less than what was budgeted and that amount falls back into the general fund. He felt that this was the reason the reserves were disproportionately high for the City. Council Member Kelly asked Mr. Taylor if the senior citizen tax exemption could be increased to $90,000 without a tax rate increase. Mr. Taylor replied that the City needed to be very careful when funding operations out of the fund balance because this should be reserved for capital items. ~ I Council Member Kelly commented that possibly during the 1994 budget process, the higher tax exemption could be included in the budget. Mayor Johnson cautioned that the City could end up with a zero cash balance if the reserves were not used carefully. The Council would review the schedules for the special session on March 24. WEST UNIVERSITY HISTORICAL SOCIETY: Consideration was given to a presentation by Byron Barnes for the organization of the West University Place Historical Society. ~ Sunny McKinnon, along with Susanne Evans and Byron Barnes, requested the Council to approve the establishment of the West University Place Historical Society. Mrs. McKinnon explained that the primary goal of the Historical Society was to lay the ground work for future work in preserving, maintaining, restoring and displaying designated items of historical importance to west University Place. She stated that they had five specific goals. The first would be the legal formation of a non-profit Historical Society. The second goal would be to initiate a membership drive and establish a board for the Historical Society. Third, they would like to protect the existing material in City Hall. The fourth goal would be to begin gathering sources and archiving historical materials including all histories and. photographs, and fifth, to begin preparation of video histories of citizens who have lived in West University Place since the beginning. '------ 3 ~ 2 09 .-oJ ~Gill City Council Regular Session, March 8, 1993 Mrs. McKinnon asked the City for financial assistance in the amount of $1,500 for filing fees, a non-profit fee and for an initial brochure promoting the Historical Society. Mayor Johnson stated that he had requested the City Attorney to review the articles of incorporation and then prepare a letter of agreement between the City of West University Place and the Historicai Society. Council Member Duke asked if the $1500 was essentially seed money to get the Historical Society started and then it would be self sufficient and independent. Mayor Johnson repl ied that the Historical Society would not involve future requirements from the Council. A motion was made by Council Member Kelly, seconded by Council Member Lang to accept the organizational proposal for the West University Place Historical Society contained in the letter dated March 1, 1993 and that a budget amendment of $1500 be approved as seed money for the organization. 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 The City Attorney left at 8:35 p.m. COLONIAL PARK IMPROVEMENTS: Consideration was given to Colonial Park improvements. Mark Mailes~ Director of Parks and Recreation, stated that the Parks and Recreation Board requested that the Council approve the expenditure of $9,200 out of the park development fund to improve the sand volleyball court at Colonial Park. The Board was also requesting approval to purchase portable bleachers to be used at the volleyball court. These bleachers could also be utilized at other sites and activities. Council Member Lang asked what was different about the new sand. Mr. Mailes replied that the new sand woUld be fine, beach volleyball sand. Council Member Duke asked if the sand was going to be a replacement not an addition to the existing sand. Mr. Mailes replied that the new sand would be a replacement of the old sand. CoUncil Member Duke asked what the City was going to do with the old sand. Mr. Mailes replied that he had several uses for the sand but that some of it would probably be used on a playground. 4 VI"J ------- I ........::J............. ----.-..~ ..~. -.. -7 -___ IU~lU Council Member Kelly asked if the bleachers were for spectators. Mr. Mailesreplied thilt the bleachers would be forspectato~s and for the players. They woUld also be used for other functions irlthe City. Council Member Duke asked Mr. Mailes if he was satisfied that the bleachers would not be a hazard for children having unrestricted access to them. Mr. Mailes replied that the bleachers would be safe and that they would also be located on the sand. Mayor Johnson asked if the bleachers could be anchored. Mr. Mailes responded affirmatively. Mayor Johnson asked if the improvements to the volleyball court would fit into the master plan for Colonial Park. Mr. Mailes replied that the improvements fit into the plan for Colonial Park and he had reviewed the improvements with Charles Tapley. A motion was made by Council Member Lang, seconded by Council Member Kelly to approve the expenditure of $9,200 out of the park development fund for the improvements to the volleyball court at Colonial Park. The motion was voted on with the following result: ~ I I ------' Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Duke and Lang None Council Member Nickell Council Member Kelly informed Mr. Mailes that'he had received several calls from residents congratulating the Parks and Recreation Department on the basketball program. He stated that everyone was excited about the program. Council Member Kelly asked what was the status of'the fence beautification at Colonial Park. Mr. Mailes stated that he was requesting proposals and would be brought to the Council at the next regular session. BID OPENING FOR THE PURCHASE OF JANITORIAL SUPPLIES: Consideration was given to bids for the purchase of janitorial supplies. The fo 11 owi ng bi ds were recei ved: Bidder Total Unit Cost Century Co. Apollo Co. Janitor's Warehouse Browner Co. Palmer of Houston $16.357 $17.128 $18.226 $22.246 Incomplete Bid 5 - .. ) 211.... City Council Regular Session, March 8, 1993 Banner Labs, Inc. Gisco/A CPI Co. Monarch Paper Co. Service Chemical & Supply Pot O'Gold Enterprises Diversified Chemical & Supply Incomplete Bid Incomplete Bid Incomplete Bid Incomplete Bid Incomplete Bid Incomplete Bid . A motion was made by Council Member Duke, seconqed by Council Member Lang to refer the bids to Staff for evaluation and recommendation. 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 BID OPENING FO~THE PURCHASE OF AUTOMOTIVE LUBRICANTS: Consideration was given to bids for the purchase of automotive lubricants. The following bids were received: Bidder Grease H & W Petroleum Oil Patch Inc. Trans. Oil Hyd. Oi 1 Motor Oi 1 , '---- $2.25/gal $2.85 gal $2.30 gal $3.17 gal $3.35 gal $3.85 gal $ .849 1 b. $ .685 1 b . A motion was made by Council Member Lang, secondetl by Council Member Duke to refer the bids to Staff for evaluation and recommendation. 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 1 BID OPENING FOR THE PURCHASE AND INSTALLATION OF AIR CONDITION CONDENSING UNITS: Consideration was given tn bids for the purchase and installation of four (4) 1993 model air condition condensing units for the Community Building. The following bids were received: 6 City Council Regular Session, March 8, 1993 lV 5- ... '- l I Bidder Amount RDS Air Conditioning/Heating Letsos Company Keith's Air Conditioning H&H Mechanical Service, Inc. Environmental Air Systems, Inc. Miracle Air Dominion Air Systems Blue Northern Air Conditioning Tacon Services, Inc. Lee Thompson Company $4,900.00 $7,265.00 $6,396.00 $5,821. 00 $7,267.00 $5,988.00 $7,692.40 $5,958.00 $6,487.00 $5,805.00 A motion was made by Council Member Lang, seconded by Council Member Kelly to refer the bids to Staff for evaluation and recommendation. 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 BIDS FOR THE PURCHASE OF COMPUTER EQUIPMENT: Consideration was given to bids received February 22, 1993 for the purchase of computer equipment for the City Secretary, City Manager, Police Chief and Finance Director. Steve Griffith, Police Chief, stated that the Staff had evaluated fifteen vendors. The Staff was recommending that the Council award the bid to Info System Architects for "DTK" manufactu~edcomputers in the amount of $11,794. Mayor Johnson asked if the Staff made a personal inspection of the equipment. Chief Griffith replied that a personal inspection had been made. He stated that DTK supplied computers to some of the school systems and were rated in the top ten for service and reliability. Council Member Duke asked where the DTK computers were manufactured. Chief Griffith replied that they were manufactured in California and had been in business for about ten years. . A motion was made by Council Member Duke, seconded by Council Member Kelly to accept the Staff's recommendation for computer purchases from Info System Architects in the amount Of $11,794. The motion was voted on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly, Duke and Lang 7 ~ 21a.... City Council Regular Session, March 8, 1993 Voting Nay: Absent: None Council Member Nickell , BIOS FOR THE PURCHASE OF PUBLIC WORKS TRUCKS: Consideration was given to bids received February 22, 1993 for the purchase of 3 light trucks for the Public Works Department. Ed Menville, Public Works Director, recommended that the trucks and van for the Public Works Department be purchased from the State of Texas General Services Commission. Mr. Tanner stated that the Staff was requesting that the Council. reject the bids received for the vehicles and approve the purchase through the State of Texas. Council Member Kelly asked if the trucks and van were replacement vehicles. Mr. Menville responded affirmatively.. A motion was made by Council Member Kelly, seconded by Council Member Lang to approve the purchase of the Public Works vehicles from the State of Texas General Services Commission in the amount of $40,370. 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 '---- BIOS FOR THE. PURCHASE OF CHEMICALS: Consideration was given to bids received February 22, 1993 for the purchase of chemicals (chlorine, sodium bisulfite and sludge dewatering polymer) used by the Public Works Department. A motion was made by Council Member lang, seconded by Council Member Kelly to accept the Staff's recommendation for the purchase of chlorine, sodium bisulfite and sludge dewatering. 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 '---- 8 t-II.Y t-UUIII.;II ~'=YUldr' ")~~~IUII, "ldn..1I 0, .L::1::1.:l lU~14 ~ , ORDINANCE PROHIBITING REPEATED FOLLOWING AND HARASSMENT OF A PERSON: . , Consi'deration was given to the second and final reading of Ordinance No. 1455 Mayor Johnson read the caption of Ordinance No. 1455 as follows: AN ORDINANCE RELATING TO HARASSMENT AND FOLLOWING OF PERSONS, SOMETIMES REFERRED TO AS "STALKING"; AMENDING THE CODE OF ORDINANCES AND DECLARING CERTAIN CONDUCT TO BE UNLAWFUL; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance No. 1455, in the form required for adoption, were available to all members of the Council. Council Member .Duke asked if the Ordinance followed the City of Houston's ordinance. Chief Griffith replied that the Ordinance did follow the City of Houston's harassment ordinance. -------, Council Member Duke asked if the key to the Ordinance was a "reasonable persons" fear of being injured. Chief Griffith stated that there had to be imminent fear of bodily injury. He added that the Ordinance allowed the Police Department to deal effectively with domestic situations. A motion was made by Council Member Duke, seconded by Council Member Lang to adopt Ordinance No. 1455 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, Lang and Duke None Council Member Nickell ENGAGEMENT OF CONSULTANT TO CONDUCT A GROUND WATER STUDY AT THE CITY: Consideration was given to the engagement of Fugro-McClelland Environmental, Inc. to conduct a ground water characterization study at the landfill according to the T.W.C. approved closure plan. ~ ~ Mr. Menville reported that the Texas Water Commission was requiring that a ground water characterization study be conducted at the city's landfill site at'9610 Ruffino Road in order to determine the potential for contaminants from the waste moving into the shallow ground water and then migrating off-site as ground water contamination. 9 215 .j.' City Council Regular Session, March 8, 1993 Mr. Menville recommended that Fugro-McClelland Environmental, Inc. be retained to perform this service. The cost of the service would be $29,000. Mayor Johnson asked if this would be the total cost that would be incurred. Mr. Menville replied that $29,000 would be the total cost for the ground water study. Based on the study, if T.W.C. requires additional wells, then there would be additional costs. Council Member Duke questioned the estimates on page three of the proposal from Fugro-McClelland for costs of well installations. Mr. Menville replied that the estimates were added to the proposal on the assumption that the T.W.C. might require additional wells. Council Member Duke asked about the amount of funds budgeted for the closure of the landfill site. Mr. Tanner stated that there was an amount budgeted to cover field costs and monitor wells. Mayor Johnson expressed concern about the study and the T.W.C. requirements turning into a long-term, expensive project like the Dup's Contract. Council Member Duke asked if references on Fugro-McClelland had been checked to see how successful the company had been in completing projects under budget. Mr. Menville stated thatFugro~McClelland had been recommended by T.W.C. but no other specific references had been checked. Mr. Tanner stated that he understood that the Council wanted to do everything they could to minimize costs but the T.W.C. was IIcalling the shotsll. Mayor Johnson asked if the Staff had in their- possession a mandated contract from the Texas Water Commission requiring the City to perform this study. Mr. Tanner replied that he had a letter of instruction from the T.W.C. . Council Member Duke asked what kind of time frame was required or if the City could wait for two weeks to request references from Fugro-McClelland Environmental, Inc. Mr. Tanner stated that the Staff would request the references. Council Member Duke requested that Mr. Menville ask the references if Fugro-McClelland had been successful in bringing the projects to closure within budgeted amounts. A motion was made by Council Member Lang, seconded by Council Member Kelly to table the agenda item until the next regular session~ The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Ouke None Council Member Nickell '-- 10 \.l1:Y \.ounC11 K~9uldr' ;:,e::l::lIUIl, 1'ldn;1l 0, J.:1:1') 0216 STREET IMPROVEMENTS: Consideration was given to an asphalt overlay in an area bounded by University (North), Bellaire (South), Kirby (East) and Wakeforest (West) and autho~1zation t6bid. A motion was made by Council Member Duke, seconded by Council Member Lang to not pursue the street improvements due to significant costs. The motion was voted on with the following result: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Duke None Council Member Nickell Voting Aye: PAYMENT OF LEGAL FEES: Consideration was given to the payment of $4,959.28 to the City Attorney for legal services provided during the month of February 1993. Council Member Duke asked if a member of the Staff was monitoring the work the City Attorney was doing on the Ruskin Street parking lot to insure that the work was necessary. Mr. Tanner stated that the Staff was not scrutinizing the work of the City Attorney as they once did. The City Attorney has been permitted to work closely with boards, commissions and committees which would increase the legal fees. Council Member Duke stated that he thought the Council had communicated a policy that any board or committee who wanted the City Attorney's time was required to go through the City Manager. He added that if the City Attorney was acting in an advisory capacity to the boards and committees, then it should be stopped without the City Manager's approval. Mr. Tanner stated that, if the Council desired, the Staff could reduce the legal support that the Staff and others receive. Council Member Duke stated that the Council might need to write a formal policy to state that the services of the City Attorney would not be utilized by boards, commissions or committees without the prior approval of the City Manager and a budgeted amount would be allocated to that project. Council Member Lang agreed with Council Member Duke to be aggressive in restricting the services of the City Attorney. 11 l2i1 :J,. City Council Regular Session, March 8, 1993 Mr. Tanner stated that if the Council reduced the City Attorney's time with the ZBA and Z&P, they would see a significant reduction in the fees of the City Attorney. Council Member Duke requested that the Staff focus with increased diligence in the matter of the City Attorney's fees. A motion was made by Council Member Kelly, seconded by Council Member Duke to approve the legal fees in the amount of $4,959.28. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Duke None Council Member Nickell PAYMENT FOR WAKEFOREST WATER PLANT IMPROVEMENT: Consideration was given to payment of Estimate No. 4 in the amount of $23,011.58 to Nunn Constructors for work performed (January 13 through February 15 , 1993) in the construction of Wakeforest Water Plant improvements and a time extension (Phase 3 features the installation of a new booster pump). Council Member Duke asked if the extension of time created any inconvenience to the City. Mr. Menville replied that there would not be any inconvenience to the City. A motion was made by Council Member Duke, seconded by Council Member Lang to approve the payment of Estimate No. 4 in the amount of $23,011.58 to Nunn Constructors and to grant a si~ty day extension. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Duke None Council Member Nickell CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: · (a) Workshop conducted on February 15, 1993 (b) Special Session conducted on February 17, 1993 (c) . Regular Session conducted on February 22, 1993 12 v'I.J vVUII'-11 1\t:~U'O' ..Jt:~~IVII, nu,,-" v, J.:J:J...J flU t: 1 tJ ~ . I I I ! Mayor Johnson stated that he had a few changes which he had re~orted to the City Secretilry that afternoon. A motion was made by Council Member Duke, seconded by Council Member Kelly to approve the minutes of February 15, 17 and 22, 1993. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Duke None Council Member Nickell COUNCIL COMMENTS: Mayor Johnson reminded the Council that they had accumulated $176.00 in the fund that was established for tardiness to Council meetings. He suggested that the members of the Council give some thought to the dispos.ition of the funds. Council Member Duke suggested buying a paver for the park. --, I . ADJOURNMENT: i ----/ With no fUl~thet' business to come before Council at this time, a motion was made by Council Member Lang, seconded by Council Member Kelly to adjourn. The meeting adjourned at 10:00 p.m. 6~$.7.-~A_1 WHITT F. JO N MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 13 JEl~"". ~ ~ ~ \' v (I t/!17jVI-' ()220 CITY COUNCIL REGULAR SESSION MONDAY, MARCH 22,1993 MUNICIPAL BUILDING \ 3800 UNIVERSITY BLVD. 7:30P.M. **************************************** The City Council convened in regular session in the Municipal Building, 3800 University Boulevard,onMonday,March 22, 1993. Mayor Johnson presiding, Council Members Kelly, Lang and Nickell were present. The City Manager, Public Works Director, City Attorney, Finance Director, Director of Parks and Recreation, Deputy Director of Public Works and City Secretary were also present. Mayor Johnson delivered the invocation and Council Member Kelly led the Pledge of Allegiance. Council Member Duke was absent. ORDINANCE PROVIDING FOR EARLY VOTING BALLOT BOARD: Consideration was given to the first and final reading of Ordinance NO. 1456. Mayor Johnson read Ordinance No. 1456 as follows: AN ORDINANCE PROVIDING FOR AN THE EARLY VOTING BALLOT BOARD FOR THE ELECTION TO BE HELD WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, ON THE FIRST (1ST) DAY OF MAY, 1993, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCIL MEMBERS; CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO SAID ELECTION; AND DECLARING AN EMERGENCY). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: SECTION 1. (a) This ordinance provides for an early voting ballot board for the general election to be held in the City of West University Place, Texas, (IICity") on Saturday, the 1st day of May, 1993, for the purpose of electing a: Mayor and four (4) Council Members of said city. ' (b) For purposes of processing early voting results, the precinct election officers serving Precinct #15 shall also serve as the early voting ballot board for such election, in accordance with the TEXAS ELECTION CODE. SECTION 2: The Mayor, the Mayor Pro Tern, the City Manager, the City Secretary and the Assistant City Secretary, or anyone of them, are authorized on behalf of the City Council to evidence adoption of this Ordinance and todo any and all other things legal and necess?ry in connection with the holding and consummation of such election and to give effect to the intent of this Ordinance. SECTION 3: If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to )~el~.. City Council Regular Session, March 22,1993 any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances shall not be affected thereby. SECTION 4: All ordinances and parts of ordinances in conflict herewlth are hereby repealed to the extent of the conflict only. SECTION 5: 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, consjdered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 6: The public importance of this measure and the requirements ot 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 ON FIRST AND FINAL READING, this day of , 1993. Voting Aye: Voti rig ,Nay: Absent: Signed: Whitt F. Johnson Mayor ATTEST: Kaylynn Holloway City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney Copies of Ordinance No. 1456, in the form required for adoption, were available to all members of the Council. A motion was made by Council Member Nickell, seconded by Council Member Lang to adopt Ordinance No. 1456 on the first and final reading. 2 City Council Regular Session, March 22, 1993 ~V~LL The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Ni cke 11 None Council Member Duke UTILITY BILL ORDINANCE: Consideration was given to the first reading of Ordinance No. 1457. Mayor Johnson stated that the Staff was recommending adoption of Ordinance No. 1457. The Ordinance has three important changes. First, the amount of time allowed to pay the utility bill will be changed from fourteen (14) days to twenty-one (21) days. In doing this, all customers regardless of which cycle they are in, can pay their bill on the first of the month and be current. The second change relates to application of partial payments. This section details how a partial payment will be allocated to the outstanding charges. The most important item here is that the water portion of the utility bill will be applied last in order to give the City the maximum amount of leverage (termination of water service) to encourage full payment. In the event the customer has been served with a delinquent/termination notice, the final change itemizes in more detail the customers rights to a hearing with an official who has the authority to make adjustments or corrections if warranted. Mayor Johnson read Ordinance No. 1457 as follows: AN ORDINANCE RELATING TO BILLING FOR WATER, SEWER, AND RELATED ITEMS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Section 1. That Section 23-71 of the Code of Ordinances of the City of West University Place, Texas (entitled IIBi11ing, payment of rates; penalties for non-payment") is amended to read in its entirety as follows: Sec. 23-71. Billing, payment of rates; charges and termination for nonpayment. (a) Frequency, date due. All consumers of water,sewer, garbage collection services and related items shall be billed monthly for services rendered. All bills shall be due and payable upon presentation and shall become delinquent on the twenty-first day following the date mailed. (b) Late Fee. If a bill becomes delinquent, there is a one~time additional fee of ten (10) percent of the amount due. (c) Returned checks. If any check (or other instrument) is returned unpaid for any reason, there is an additional fee of 3 2 ~3 -.JO. City Council Regular Session, March 22, 1993 fifteen dollars ($15.00). (d) Partial Payment. If a partial payment is made, the amount sha 11 be appl ied in the foll owi ng order, to the extent that the payment allows; (i) any additional fees and charges then du~ (i.e., late fees, returned check fees, etc.), (ii) the oldest regular charges then due, (iii) the current garbage fee, (iv) the current streetlighting fee, (v) the current sewer charges, (vi) the current water charges, and (vii) any other fees and charges. (e) Discontinuation of service. If a bill becomes delinquent, the City may give notice that water and sewer service are proposed to be discontinued. The notice shall provide an opportunity for a hearing before discontinuation. The City Manager (or other person designated by the City Manager) is hereby authori zed: (i) to hear such matters and (i i) to correct or adjust any bill which is mistaken. Afte.r the opportunity for the hearing, and if the delinquency is neither corrected nor resolved, the City may discontinue water and sewer service without further notice. If water and sewer~ervice are discontinued, the consumer1s deposit shall be applied against the delinquency. Any amount in excess of the delinquency shall be refunded to the consumer. Any insufficiency in the deposit shall be billed to the consumer. 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 this ordin~nce or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause~ sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Act, 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 5. This ordinance shall become effective immediately upon adoption and signature. This ordinance applies to all discontinuations of service on or after its effective date and all bills mailed on or after April 15, 1993. PASSED AND APPROVED ON FIRST READING, this of ,1993. day '----- 4 City Council Regular Session, March 22, 1993 lV~ ~'q. Voting.Aye: Voting3Nay: Absent: PASSED AND APPROVED ON SECOND READING, this DAY OF ,1993. Voting Aye: Voting Nay: Absent: Signed: Whitt F. Johnson Mayor ATTEST: APPROVED AS TO FORM: James L. Dougherty City Attorney Kay Holloway City Secretary ~ ! Mayor Johnson asked how much revenue would be lost by extending the utility bill cycle. Mike Tanner, City Manager replied that he believed the amount lost would be $12,000 to $15,000. Chris Taylor, Finance Director, stated that the revenue lost would be nominal and would not have any affect on this year's budget. Council Member Nickell asked if the.Ordinance was going to lead to a budget shortfall in the remaining months of this year. Mr. Taylor replied that it would not. Council Member Nickell asked if the residents would be notified of the change in billing cycle. Mayor Johnson replied that a reporter from The Newspaper was going to .write an article for the paper that would inform residents of the change. Copies of Ordinance No. 1457, in the form 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. 1457 on the first reading. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke 5 ~225 'J" City Council Regular Session, March 22, 1993 Mayor Johnson introduced Laurie Madden. Ms. Madden is a newly employed reporter for liThe Newspaper". Council Member Lang suggested that an article be written for the City Currents detailing the Ordinance and how the partial payment would be applied. Mayor Johnson asked Jim Dougherty, City Attorney to briefly discuss the City of Houston proposed zoning ordinance amendments. He stated that one text amendment'would prevent unregulated strips parallel to municipal boundaries. The second text amendment would be to avoid - buffer yards .around golf courses. Mayor Johnson read a letter drafted by the City Attorney, for the Mayor's signature, which described the two amendments in detail. The letter urged the Zoning Committee for the City of Houston to include both amendments in the new zoning ordinance. Mr. Dougherty stated that the amendments were not in the City of Houston's current draft of the zoning ordinance. The ordinance is moving ahead and is now to the Council/Committee stage. Mr. Dougherty stated that the purpose of the letter was to bring the amendments forward to the Council/Committee and reurge them to consider the changes. Mayor Johnson stated that, in the letter drafted by the City Attorney, there was a statement about the City of West Unlversity Place "building a golf course". Mayor Johnson reminded Mr. Dougherty that the City was not going to build a golf course. Mr. Dougherty agreed to reword the letter to be more precise. Mayor Johnson stated that, if there was no objections from the City Council, he would sign the letter after it was amended. The City Attorney left the meeting at 8:00 p.m. PAYMENT FOR REPAIR OF ENGINE ON SOLID WASTE DISPOSAL TRUCK: Consideration was given to the payment of $11,807.20 to Cummins Southern Plains for repairs to a diesel engine where a rod was thrown through the block. The estimated mileage is 38,000 miles and the original cost of the truck is $110,000.00. Mayor Johnson commented that he wanted to make the of the large expenditure on the solid waste truck. thought it was inappropriate for the City to spend on a 1989 diesel truck. City Council aware He stated that he that amount of money 6 City Council Regular Session, March 22, 1993 't) 2 2bl Mayor Johnson expressed concern about the Solid Waste Department's maintenance progrgm. He asked if they had one jn effect which would eliminate this kina of expenditure. Mike Tanner, City Manager, stated that Jerry Burns, Deputy Director of Public Works, and Louis Roberts, Fleet Operator, were responsible for maintenance of the vehicles. These men were at the meeting to discuSs the maintenance program with the Council. Ed Menville, Director of Public Works, stated that the City currently has a maintenance program. He reported that the City only has one mechanic who maintains forty-five vehicles andnineteen pieces of machinery. The mechanic, every day, checks all of the fluid in the vehicles and individually starts each of them before they are permitted to be driven on the streets. Mr. Menville stated that the garbage truck, which needed, repairs, was inspected that morning and was running perfectly. He reported that, according to Cummings Diesel Mechanics, throwing a rod through the engine was something that could have happened anytime, regardless of the vehicle. -----. i I i I ~' Council Member Lang asked how often the oil was changed in the vehicles. Mr. Burns stated that the recommended time was every six months but the City vehicles are changed every four to five months. Mayor Johnson expressed concern about other checks, that he was required to sign. He did not feel he had adequate documentation as to the reason of the expenditures. Mayor Johhson stated that he respected the report on fleet maintenance provided by Ed Menville and Jerry Burns and thanked them for it. COLONIAL.. PARK IMPROVEMENTS: ,---, Consideration was given to Colonial Park improvements. Mark Mailes, Director of Parks and Recreation, stated that in the Fall of 1992, a new chain link fence was installed in Colonial Park to expand the grassy area of the swimming pool. The Staff was then directed to formulate a landscaping plan to improve the aesthetics along the western sector of the park. Mr. Mailespresented the propo'sed plan with a diagram of thearea.- The total cost of the project would be $2,926.20~ Council Member Kelly asked about the estimated time of completion. Mr. Mailes replied that the landscaping should take approximately two weeks. Council Member Lang asked if the flower bed was going to be on Westpoint Street. Mr. Mailes responded affirmatively. 7 1~2r ..J. City Council Regular Session, March 22, 1993 Council Member Lang inquired as to what items were included in the total cost of the project. Mr. Mailes replied that the bid of $2,926.20 would include all the planting materials, labor to create the beds, replacement of the fence fabric on the top of the fence and replacing and resetting of several fence posts. A motion was made by Council Member Kelly, seconded by Council Member Nickell to accept the bid price of $2,926.20 for the Colonial Park landscaping project on the chain link fence as recommended by the City Staff. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke Council Member Nickell asked if the Staff would take an interest in replacing the playground equipment on the east side of the Colonial Park building. Mr. Mailes stated that the replacement of the playground equipment was on the next agenda for the meeting of the Parks and Recreation Board. BIDS FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT: Consideration was given to bids received March 8, 1993 for the purchase of supplies and equipment (Janitorial supplies, automotive lubricants and condensing units for the air conditioners at the Community Building) . Mr. Menville presented the recommendation for the award of bids on janitorial supplies, automotive lubricants and for four air conditioning condensing units. For janitorial supplies, the Staff recommended the low bid submitted by Gisco at the unit price of $15.82. For automotive lubricants, the recommendation was for H & W Petroleum Company of Houston. H & W Petroleum submitted the bid of $2.25/ga1 for hydr01ic oil, $2.85/gal for motor oil, $3.35/gal for transmission oil and $.849/1b for grease. For air conditioning condensing units for the City's Community Building, the Staff recommended the low bid submitted by R.D.S. Air Conditioning and Heating of Houston for $4,900.00. A motion was made by Council Member Lang, seconded by Council Member Nickell to accept the Staff's recommendation for Gisco Company, H & W Petroleum Company, and for R.o.S. Air Conditioning and Heating. .,-- 8 City Council Regular Session, March 22, 1993 v,~u The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke ENGAGEMENT OF CONSULTANT TO CONDUCT A GROUND WATER STUDY AT THE C lTY : Consideration was given to the engagement of Fugro-McClelland Environmental, Inc. to conduct a ~round water characterization study at the landfill according to the T.W.C. approved closure plan. Mr. Tanner stated that at the'last regular session the Council had requested the Staff to investigate the effectiveness of Fugro-McClelland in its dealing with other clients and to also determine the ability of the firm to control their recommended contract costs. Mr. Menville introduced Rocky Stevenson, Project Manager for Fugro-McClelland. . ' Mr. Menville stated that the Staff had contacted three organizations for recommendations on Fugro-McClelland. All three firms confirmed that they were extremely satisfied with the work performed by the Company and their ability to control costs. Mr. Menville recommended that the Council retain Fugro-McClelland to perform a ground water characteri zation study of the City I S landfill site. The cost of the study would be $29,000. Mayor Johnson asked if the Council could be given any assurances that the City would not be called on later to perform any unfotE!seen requirements related to the closure plan. Mr. Menville replied that the Staff or Fugro-McClelland did not anticipate any additional requirements but it was unknown at this time. Council Member Nickell stated that Fugro-McClelland was a well established company and he felt that they would do a good job. But, he added that the T.W.C. was subject to require almost anything when dealing with environmental projects due to regulations. A motion was made by Council Member Nickell, seconded by Council Member Lang to approve the $29,000 to proceed with the ground water characterization study to be conducted by Fugro-McClelland Environmental, Inc. The motion was voted on with the following result: Voting Aye: Mayor Johnson~ Council Members Kelly, Lang 9 ).229~. City Council Regular Session, March 22, 1993 Voting Nay: Absent: and Nickell None Council Member Duke PAYMENT FOR ENGINEERING SERVICES: Consideration was given to the payment of $39,026.44 to Langford Engineering: (a) Invoice No. 7124 in the amount of $50.99 for Wakeforest Water Plant improvements. (b) Invoice No. 7125 in the amount of $17,472.18 for services provided during the construction of sanitary sewer lines, streets and drainage structures in the Charlotte/Lake Area. (c) Invoice No. 7126 in the amount of $8,000.00 for the development of the comprehensive capital improvement plan. (d) Invoice No. 7127 in the amount of $12,977.32 for the design of sanitary sewer lines, water lines, storm sewer lines, streets and drainage structures in Priority Area 6A. (e) Invoice No. 7128 in the amount of $525.95 for the preparation of various displays used during the comprehensive capital improvement meeting. Council Member Nickell inquired about the progress of the tunneling on University Boulevard. Dieter Ufer, Consulting Engineer from Langford Engineering, stated that Whitelak, Inc. had completed approximately 50% of the 265 feet. The crews on the job were tunneling about 12 feet per day. Council Member Nickell inquired as to the completion date of the Wakeforest Water Plant. Mr. Ufer responded that the project was scheduled for completion by May 17, 1993. Mayor Johnson asked if the Council could expect the last invoice on the Wakeforest Water Plant at that time. Mr. Ufer stated that his company billed after services were rendered and invoices were not prepared until the last week of each month. A motion was made by Council Member Nickell, seconded by Council Member Kelly to approve payment to Langford Engineering for invoice numbers 7124, 7125, 7126, 7127 and 7128 in the amount of $39,026.44. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke '--- 10 City Council Regular Session, March 22, 1993 o~eo J:I ~... PAYMENT FOR CHARLOTTE/LAKE AREA RECONSTRUCTION: Consideration was'given to the payment of Estimate No. 2 in the amount of $126,636.90 to Whitelak, Inc. for work performed (February 4, through February 28, 1993) in the construction of sanitary sewer lines, drainage and street improvements in the Charlotte/Lake area. Mr. Menville stated that he had reviewed the invoice and recommended the payment of Estimate No.2. A motion was made by Council Member Kelly, seconded by Council Member Lang to approve the payment of Estimate No. 2 in the amount of . $126,636.90. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Ke 11y, Lang and Nickell None Council Member Duke CITY COUNCIL MEETING MINUTES: Consideration would given to the minutes of the fo 11 owing City Counci 1 meetings: (a) Special Session conducted on March 8, 1993 (b) Regular Session conducted on March 8, 1993 Mayor Johnson stated that he had suggested a few grammatical corrections to the City Secretary. A motion was made by Council Member Kelly, .seconded by Council Member Nickell to approve the minutes of the Special and Regular Session conducted on March 8, 1993. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke COUNCIL COMMENTS Mayor Johnson stated that he had received a letter from the National Arbor Foundation congratulating the City of West University Place for being named the 1992 Tree City U.S.A. 11 )2al~" . - City Council Regular Session, r~arch 22, 1993 Mr. Tanner stated that Eric Beckers, from the Texas Forest Service, would make a presentation to the City sometime in the next sixty days. Mayor Johnson stated that the dedication ceremony given by John Foster of Foster Tree Service was a huge success. Council Member Lang encouraged the Staff to use every effort to prevent the loss of the City's vehicles, like the $11,800 expenditure on the dump truck. Council Member Nickell inquired about the application he had given the Staff for the used oil recycling grant. Mr. Menville replied that he had reviewed the grant and it was directed toward curb side pick up. The City has, in-house, a place for residents to drop off used oil. Mr. Tanner felt that the City would assume a significant responsibil ity and liability with curb side pick up. Council Member Nickell inquired about the Nottingham lift station. Mr. Tanner responded that he thought the odor problem with the lift station was solved. Council Member Lang reported that she had spoken with David Dunwoody, a resident on Nottingham Street, and he felt the odor problem was not solved. Mr. Dunwoody felt the truth would be known when the weather became warm. Council Member Nickell inquired as to the date the City of West University Place would tie-in to the City of Houston's water supply. Mayor Johnson replied that the date was December 31, 1993 but the City would request an extension of time from Houston. ADJOURNMENT: With no further business 'to come before Council at this time, a motion was made by Council Member Kelly, seconded by Council Member Lang to adjourn. The meeting adjourned at 9:00 p.m. 41.& rz-~A ~, WHITT F.: HNSON -. MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 12 tlf11f?f9-J _ 0262 r I ~I CITY COUNCIL SPECIAL SESSION WEDNESDAY, MARCH 24, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. ******************** The City Council convened in Special Session at 7:30 P.M. in the Municipal Building (3800 University Boulevard) on March 24, 1993. Mayor Johnson presiding, Council Members Kelly, Duke, Lang and Nickell were present. City Manager, City Secretary and Finance Director were also present. 1. Consider matters related to the senior citizen (over 65) tax exemption. Mayor Johnson invited residents who wished to address the City Council to come forward as their names were called. ~ Barbetta Wood, a resident at 3923 Villanova, expressed concern for the Senior Citizens and the high cost of the property taxes. She stated that she had spot checked her property taxes and was a typical example of a long-time Senior Citizen resident. Ms. Wood purchased her hous~ in 1959. The land cost $2,500 and the house cost $8,000. In 1967, the land was appraised at $2,250 and the improvements were $10,585. In 1973, the land was appraised at $3,000 and the improvements were $9,940. In 1974, the land was appraised at $3,000 and the improvements were $12,750. In 1978, the land was appraised at $22,500 and the improvements were $41,690. In 1991, the land was appraised at $105,000 and the improvements were $23,000. Ms. Wood stated that the Senior Citizens that moved to West University Place had'the intention of remaining there forever. But the increases in the property value have made it almost impossible for the Senior Citizens to pay the taxes. Ms. Wood stated that the Senior Citizens need an additional exemption to offset the increase in property taxes. They could choose to not pay the taxes and let their estate pay them when they die. Ms. Wood recommended that the City Council increase the exemption to $125,000, like Harris County. Bill Watson, a resident at 2929 Rice Boulevard, expressed his support for the increase in the property tax exemption. He stated that he had not spoken with a single resident who was against raising the exemption. There is a vast reservoir of goodwill toward the Senior Citizens in West University Place and a desire for them to remain in the City. Harold Shipp, a resident at 3905 University Blvd., supported the increase in the Senior Citizen tax exemption. 0233 City Council Special Session, March 24, 1993 (\ Chris Taylor, Finance Director, presented summary schedules of the homestead exemption analysis which showed the impact on the "over 65" and "under 65" citizens. The schedules presented the annual tax savings for the Ilover 65" citizens and the annual tax increase for the "under 65". Mayor Johnson inquired as to the average value of a home in West University Place. -Mr. Taylor replied that the average value was $222,000. Mayor Johnson asked if the Harrfs County Appraisal District was proposing an increase in West University Place. Mr. Taylor replied that the Appraisal District was looking at a relatively stable growth, probably in-the area of two to three percent. Mr. Taylor stated that 1993 was a reevaluation period for everyone. The Appraisal. District may be making an effort to reallocate the value more appropriately. There may be shifts between home value and land value. Council Member Nickell asked Mr. Taylorlf he felt the number of people receiving the exemption was declining. Mr. Taylor replied that he feJt th, number of senior citizens was decreasing and a younger group'was moving in the City. Mike Tanner, City Manager, stated that the general concern of the Staff r~lates to the fact that a decision had not been made about the bond sale. That is, whether the City will sale the remaining eleven million at one time or split the bonds by selling five million in June of 1993 and six million in 1994. Mayor Johnson stated that he felt the Council would like to sell the bonds very soon. He felt that the present Council had the knowledge, background and the commitment to sell the bonds. Mayor Johnson directed the City Manager to proceed with obtaining the information relating to the bond sale from the Financial Advisors and pass it on to the City Council as soon as possible. Council Member Duke commented that he could express a number of reasons why the Council did not have the proper information to make a determination concerning the increase in the property tax exemption for Senior Citizens. He stated that the only information the Council and Staff really had was that the basic tax rate had decreased since 1982 by almost 18%. Council Member Duke stated that he would submit that a substantial portion of the increase in the total assessed valuation since 1982 was attributable to new construction and not to underlying value. Council Member Duke stated that he objected to the increase in the Senior Citizens tax exemption being done at this time. He added that the present Council did not know what the next Council would want to do in terms of expenditures and what demands would be placed on them. He felt that if the present Council enacted the increase then they were tying the next administrations hands. Council Member Duke stated that 2 City Council Special Session, March 24, 1993 V~ ;:j4 4 \ ---,~. I he felt that there was no reason why the increase in the tax exemption should be done by,~,th~ presert Council other tha,11 forpolitica.l reasons. Council Member Duke stated that the next administration should evaluate the tax exemption increase in the context of an overall budget picture and overall tax rate. He added that he had spoken with a number of residents who were all opposed to the increase in the property tax exemption. Mayor Johnson agreed that the reasons for increasing the Senior Citizens property tax exemption at this time were political. But, if the present administration did not approve the increase, the next administration would. Counci 1 Member Duke asked if the Council was tryi ng to make up for the increase in the water and sewer fees. An analysis had not been done to see how it compares. ~ Mayor Johnson stated that the Council did not have the advantage of seeing what the water rate was going to be when West University Place connects with the water from the City of Houston. Council Member Duke commented that there had been some sentiment expressed concerning promises made to the Senior Citizens that the Council wo~ld do something to make up for the increase in the water bills. Mayor Johnson stated that he did not remember anyone making that promise to the Senior Citizens. Council Member Duke reported that he did not remember any promise either but there were members of th~ Council that believed that a promise was made. Council Member Nickell stated that he had an analysis on the Senior Citizen's equity in the property and would furnish it to the Council and Staff. Council Member Kelly stated that he agreed with Council Member Duke in that until someone did an analysis, the Council would be randomly picking a number for the Senior Citizen tax exemption rate. From an equitable standpoint, since 1982, while the tax rate has gone down, the values of the property and homes have gone up and the exemption has never been changed. In effect, it seemed the Senior Citizens are worse off tax wise, today, than they were in 1982. Council Member Kelly stated that it was his opinion, from talking to residents, that they would like to see the tax rate lower for everyone, not just the Senior Citizens. Although, the impact on the Seniors would not be great enough without significantly reducing the tax rate for all residents. He stated that most people he talked to were in favor of doing something to help the Senior Citizens. Council Member Kelly stated that without having all of the numbers and information, the Council was left at just picking a number. The present administration could pick a number and pass an ordinance to put 3 ) 2 Sa....... City Council Special Session, March 24, 1993 it into effect but would not say how it would be paid for. The next administration would have to figure out how to pay for it by either reducing expenses or raising taxes. If the next administration can not figure o~t how to pay for it, than they have the option to rescind the ordinance. . Council Member Kelly stated that by increasing the Senior Citizens property tax exemption, the current administration would be saying that they recognize the equity is there and there should be an increase in the exemption. Council Member Duke stated that he felt the Council was recognlzlng the need for an increase by having the series of Council meetings to discuss the exe~ption rate. But he did not feel the current administration should make a bad decision based on incomplete information and leave the next administration with the problem. Council Member Duke asked what would increasing the exemption rate now do for anybody. The taxes will not be paid until next January. Council Member Kelly commented that by increasing the exemption rate now, it would send off a signal to the Senior Citizens in the community that the Council is sympathetic with the situation. Council Member Kelly stated that, as a practical matter, he believed that no matter what action was taken by the current Council, the next administration would have to revisit the issue. Council Member Duke stated that the current exemption took $46,500,000 off the tax role for the City of West University Place. If the property exemption rate is doubled, that would be $93,000,000 off the tax role. He asked if anyone had taken the time to consider the effect this would have on the services the City renders for the Seniors. Mayor Johnson asked if Council Member Duke was saying that the next administration would be more capable of making the decision if better numbers and information was available. Council Member Duke replied that he was not saying the next administration was more capable of making the decision but if the current administration had the numbers available than the decision to move forward could possibly be made. Mayor Johnson asked Council Member Duke what additional information he wanted to receive. Council Member Duke replied that if the Council knew what the total assess value of the 1,088 homes receiving the property tax exemption then they could determine what the collections would be on those properties at various tax rates. Council Member Nickell stated that the present Council began with a different approach to infrastructure. They passed the largest bond indebtedness in the history of the City and was now implementing the second phase of the improvements before their term of office is complete. He stated that in order to make everything balance, the issue of increasing the Senior Citizen tax exemption needed to be addressed with the current administration because they are the ones who indebted the citizens with the additional sixteen million dollars. 4 City CounCl I ~peclal ~eSSlon, Marcn C~, !~~J 'VL. vU ... ----, I Councilt~ember Nickell reported that the average Senior Citizen home that was declared on the exemption in 1982 was $50,000. The current property tax exemp.;tJonof$42,850 was almost a wash In..a,,home value for a Senior CHi zen. ,The property values have increased substanti ally since 1982 and the exemption has remained the same. Council Member Nickell stated that, with this Council taking the steps forward to rebuild the City's infrastructure, passing the largest bond issue and probably creating a domino affect which would lead to more bond issue, he felt the current administration needed to take responsibility for all the effects of that indebtedness, including the Senior Citizens. Council Member Lang requested a report from members of the Staff indicating what figures needed to be accumulated so that the Council ~ouldmake a determination on increasing the Senior Citizen tax exemption rate. Council Member Kelly requested Council Member Nickell to give copies of the information he had regarding the equity on the property of the Senior Citizens to the Finance Director. He stated that he would like to know what increase the Staff would recommend if the Council wanted to take action. -, Council Member Nickell requested that the Staff make a determination, based on the tax base in 1982, what amount of property tax exemption would be the equivalent of that exemption in 1993, based on the current property value. Counci 1 Member Duke stated that 150 new homes. a year had been buil tin the City since the early 1980's. This would account for a large portion of the increase in the tax base. Council Member Duke suggested making the determination as a percent of the land or the total appraised value of the City attributed to land. Mr. Taylor stated that he could randomly select homes that were not rebuilt over the last decade and track their value. Council Member Nickell stated that the information that he received from the S~nior Services Board had fifteen homes, all in different parts of the City, that randomly tracked increased value of the properties. Council Member Lang a$ked that, in order to factor the increase in property tax exemption into the budget, when would a decision have to be made. Mr. Taylor stated that the Appraisal District needed the information before they certify the roll. The first preliminary deadline had passed. The next deadline would be the certified roll which was due to the City in the first part of July. Mr. Taylor stated that, to be timely, he would like to have an ordinance in place by the end of May. Mayor Johnson asked each Council Member what information they would like the Staff to provide in 6rder to make a decision. 5 ()~37 ".,. City Council Special Session, March 24, 1993 I \'-. Council Member Lang requested information regarding the basis for the Staff's recommendation. Council Member Duke requested a preliminary budget for 1994. MayorJohnson~tatedthat the 1993 budget could be taken with the addition of two or three percent and use that number. He commented that, personally, he \'iould like to see the budget reduced by that amount. Mayor Johnson stated that the City of West University Place has gone beyond most cities in expenditures. The City provides services that no other city provides in the State of Texas. Council ~embe~Langstated that one day a decision may have to be made on wheth~r to spend the money on services or capital expenditures, like infrastructure. Council Member Kelly stated that the present Council has set the ball in mot; on. It would be a balancing actin the future wi th the affluencymovingihto the City, their demand for continued quality services and their ability to pay for it. Council Member Kelly reported that what he was hearing from citizens in the City was that they do not want to' see a decrease in services even if it means an increase in taxes. The balance would be to determine what to do with people in the City when twenty percent are on fixed incomes. Council Member Kelly stated that he was on record for equitable grounds. The City needs to do something for the Senior Citizens. He stated that he wanted to find a reasonable basis for making a decision so that the next administration could follow through. Council Member Nickell stated that the Senior Citizens had been in the City many years. They built the streets that the residents were currently driving on and they do not deserve to pay for the new ones that they will never benefit from. The Senior Citizens wi 11 never benefit from the forty years of life that the City will receive from the new sewers and streets. Council Member .Kelly requested that the over 65 exemption be put on the agenda for the next regular session. A motion was made by Council Member Kelly, seconded by Council Member Nickell to adjourn to the executive session. 2. Consid~ration was given to the evaluation of members of the Staff. Closed Executive Session as authorized by the Open Meetings Act, TEX. REV.CIV. STAT. ANN., as amended, Article 6252-17, Section 2 (g). A motion was made by Council Member Duke, seconded by Council Member Kelly to postpone the executive session until March 31, 1993 at 7:30 p.m. 6 J J ", '!",". \:::~':' :..... ()^ -1):- -<-< .. r (11-< '..mz ()z ;0 m:c -10 )>r :;ur -<0 :E )> ...'< -...,j "\" o e 89.... ~' I I ! 6f111'>/13 () 2 4C CITY COUNCIL SPECIAL SESSION MONDAY, MARCH 31, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. ******************** The City Council convened in Special Session at 7:30 P.M. in the Municipal Building (3800 University Boulevard) on March 31, 1993. Mayor Johnson presiding, Council Members Duke and Nickell were present. City Manager, Public Works Director, City Attorney, Consul ting Engi neer and Ci ty Secretary were also present. Council Members Kelly and Lang were absent. 1. Consider matters related to contemplated or pending litigation and settlement offer associated with claims made by Whitelak, Inc. Closed Executive Session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2 (e). . The City Council adjourned the Executive Session at 9:15 p.m. and convened in open session. Mayor Johnson requested a motion. A motion was made by Council Member Duke, seconded by Council Member Nickell to approve and authorize the Staff and City Attorney to forward a letter to Whitelak, Inc. to extend and clarify the arbitration time period to allow for continued discussion, to continue working with the Contractor on an amicable settlement and to authorize the City Manager, if time deadlines and circumstances require it, to name an arbitrator to obtain specialized arbitration advice and assistance. The motion was voted on with the following result: Voti ng Aye: Voting Nay: Absent: Mayor Johnson, Council Members Duke and Nickell None Council Members Kelly and Lang The Public Works Director, City Attorney and Consulting Engineer left the meeting. 2. Consideration was given to the evaluation and compensation of members of the Staff. )e41.. City Council Special Session, March 31, 1993 ~, Closed Executive Session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2 (g). The City Council adjourned the Executive Session at 10: 10 p.m. and convened in open session. Mayor Johnson requested a motion. A motion was made by Council Member Duke, seconded by Council Member Nickell to increase the Public Works Director's anrlUal salary by 3%. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: The motion failed. Council Members Duke and Nickell Mayor Johnson Council Members Kelly and Lang A motion was made by COLlncil Member Nickell, seconded by Council Member Duke to increase the Public Works Director's annual salary by 2%. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Duke and Nickell None Council Members Kelly and Lang A motion was made by Council Member Nickell, seconded by Council Member Duke to increase the Police Chief's annual salary by 2%. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Duke and Nickell None Council Members Kelly and Lang A motion was made by Council Member Nickell, seconded by Council Member Duke to increase the Fire Chief's annual salary by 4%. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Duke and Nickell None Council Members Kelly and Lang A motion was made by Council Member Duke, seconded by Council Member Nickell to increase the Finance Director's annual salary by 6%. 2 City Council Special Session, March 31, 1993 The motion was vQted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members DUke and Ni cke 11 None Council Members Kelly and Lang ~\J ~ 4 ~ With no further business to come before Council at this time, a motion was made by Council Member Nickell, seconded by Council Member Duke to adjourn. The meeting adjourned at 10:17 p.m. ~.r~ MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 3 ) 2 4a~.: L r- I '-- 1/ 7 "~I l()244 CITY COUNCIL REGULAR SESSION MONDAY, APRIL 12, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. **************************************** The City Council convened in regular session in the Municipal Building, 3800 University Boulevard, on Monday, April 12, 1993. Mayor Johnson presiding, Council Members Kelly, Lang and Duke were present. The City Manager, Public Works Director, City Attorney, Finance Director, Director of Parks and Recreation, and City Secretary were also present. 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. Dalia Stokes, a resident at 4017 Tennyson, spoke in favor of increasing the Senior Citizen's property tax exemption. She stated that she is presently on the Senior Services Board and has consistently received information from various Senior Citizens in the community who are concerned about the increasing property taxes. Carol Burke, a resident at 3030 Tangley and Chairman of the Parks and Recreation Board, requested that the Council postpone the naming of the Milton Street Park until the Friends of West University Parks Board had an opportunity to meet with the Foundations who were considering donating $300,000 to the City for the name of the Park. Dorothy Rieger, a resident at 6516 Brompton, asked the Council to pass an increase in the Senior Citizens tax exemption. She added that the Senior Citizens were very satisfied with the services provided during the current administration. Bob Whitman, a resident at 4103 Milton, spoke in opposition to an additional allowance for the Senior Citizens. He stated that he and his wife were over 65 years of age and he felt that,the amount of the exemption was adequate. He added that he did not think there were that many Senior Citizens in the City who actually needed the tax break. Ross Frazer, a resident at 4039 Byron and Chairman of the Friends of West University Parks Board, requested that the Council delay naming the Milton Street Park because he felt there was an opportunity for a Foundation or individual to make a substantial donation to the City to have the Park named in their honor. ----., Jim Council, a resident at 6327 Belmont, encouraged the Council to name the Milton Street Park "JMH Park". )~45 City Council Regular Session, ',,-, 1993 .( BID OPENING FOR THE PURCHASE OF CARPET: Consideration was given to bids for the purchase and installation of carpet for City Hall (Administrative offices on the second floor and the Day Room used by the Fire Department). The following bids were received: Bidder Amount Coastal Flooring~ Inc. Gil son/Stanl ey Floor Coveri ngs $9,026.00 $9,546.00 A moti on was made by Counci 1 Member Kelly, seconded by Council Member Lang to refer the bids to Staff for evaluation and recommendation at the next regular session. The motion was voteQ on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly, Lang, and Duke None Council Member Nickell Voting Nay: Absent: BID OPENING FOR THE PURCHASE OF A HEAVY DUTY TRUCK (CAB AND CHASSIS): Consideration was given to bids for the purchase of a diesel, heavy duty cab and chassis for the Public Works Department. The following bids were received: Bidder Amount Jack Roach Ford A.C. Collins Ford White GMCTrucks of Houston, Inc. No Bid $31,575.00 $29,710.15 A motion was made by Counc 11 Member Ke 11 y, seconded by Counc i1 Member Duke to refer the bids to Staff for evaluation and recommendation at the next regular session. The motion was vot~d on with the following result: Voting Aye: Voting Nay: Absent: Mayor Jo,hnson, Council Members Kelly, Lang, and Duke None Council Member Nickell 2 City Council Regular Session, April 12, 1993 .1I t! 40 ORDINANCE DEDICATING AND NAMING JMH PARK: Consideration was given to the first reading of Ordinance No. 1460. Mayor Johnson read Ordinance No. 1460 as follows: AN ORDINANCE DEDICATING AND NAMING IIJMH PARKII, LOCATED AT THE SOUTHWEST CORNER OF MILTON AND COLLEGE STREETS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the property located at the southwest corner of Milton and College Streets, in the City of West University Place, was operated as the JMH Supermarket, beginning in 1938; and WHEREAS, the JMH Supermarket was a landmark and a center of community activity for many years; and WHEREAS, the owners of the property, JMH Supermarkets, Inc., sold the property to the City for less than market value; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE TEXAS; Section 1: That the Code of Ordinances of the City of West University Place, Texas is hereby amended by adding thereto a new Section 16-12 which shall read as follows: Sec. 16-12. Park on Milton Street at College Street (a) The property described below is dedicated as a public park. (b) The Park is located at the southwest corner of Milton and College Streets. It includes Lots 5,6,7,8, and 9 of Block 17 of the College View Third Addition, City of West University Place, Harris County, Texas, but it does not include any existing streets, easements or rights of way. 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 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, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. 3 ~4Y~. City Council Regular Session, April 12, 1993 Section 4: The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Act, 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 5: This ordinance shall become effective immediately upon adoption and signature. PASSED AND APPROVED ON FIRST READING, this ____ day of 1993. . Voting Aye: Voting Nay: Absent: PASSED AND APPROVED ON SECOND READING, this ____ day of 1993. Voting Aye: Voting Nay: Absent: SIGNED: ',---- Whitt F. Johnson Mayor ATTEST: APPROVED AS TO FORM: Jim Dougherty City Attorney Kaylynn Holloway City Secretary Mayor Johnson presented petitions that had been given to him requesting the Council to name the Milton Street Park "JMH" Park. Mayor Johnson read other letters which supported the naming of the Park. Council Member Lang was opposed to naming the Park at the present time. She stated that the land was not donated to the City like other park land had been in the past and there was no understanding at the time of the purchase that the Park would be called "JMH Parkll. She added that she felt the Friends Board should be given adequate time to receive a donation for that name. Council Member Lang suggested erecting a historical marker in the Park as a tribute to the IIJMHII people. I L 4 City Council Regular Session, April 12, 1993 ~\1t: LJ. ~ Council Member Kelly agreed with Council Member Lang in that it was premature to name,the Park at this time. He stated that something as significant as naming the Milton Street Park should be better publicized for all the citizens. Council Member Kelly added that he felt the current administration should pass an ordinance dedicating the land as park space. Mayor Johnson stated that he had written to the members of the Council requesting their input concerning the naming of the Park. He had placed the item on the agenda to force a decision. He felt that, in the interest of the citizens in the City, he wanted to show his support in the naming of the Park. Mayor Johnson stated that the Friends Board has had two years to raise the money for the Park and that at the present time still owed the City $80,000. Copies of Ordinance No. 1460, in the form required for' adoption, were available to all members of the Council. A motion was made by Council Member Duke to approve the adoption of Ordinance No. 1460 on the first reading. The motion died for a lack of a second. Council Member Nickell arrived at 8:25 p.m. Council Member Duke asked if the Council could designate the land as park space that night. Jim Dougherty, City Attorney, stated that he could change the Ordinance to designate ,the land as park space and strike the name of the Park. A motion was made by Council Member Nickell, seconded by Council Member Duke to postpone the approval of Ordinance No. 1460 until it coul d be rewritten to dedicate the Milton Street Park as park space and presented at the next Counci 1 meeti ng on April 26, 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 UTILITY BILL ORDINANCE: Consideration was given to the second reading of Ordinance No. 1457. Mayor Johnson read the caption of Ordinance No. 1457 as follows: 5 )249 City COUflcil Regular Session, April 12, 1993 \, AN ORDINANCE RELATING TO BILLING FOR WATER, SEWER, AND RELATED ITEMS; 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 No. 1457, in the form required for adoption, were available to all members of the Council. A motion was made byCounci 1 Member Lang, seconded by Council Member Duke to adopt Ordinance No. 1457 on the second reading. 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 RETIREE BENEFIT ORDINANCE: Considera~ion was given to retiree medical coverage and the first reading of Ordinance No. 1458 (AN ORDINANCE RELATING TO CERTAIN MEDICAL AND INSURANCE BENEFITS; AMENDING THE CITY'S PERSONNEL POLICIES AND PROCEDURES MANUAL; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT). Mike Tanner, City Manager, informed the Council that for several years the employees had not been permitted to retire with medical coverage. He stated that the Staff was recommending that the Council consider passing the Ordinance to provide the medical insurance for retired employees. Chris Taylor, Finance Director, reported that, with the adoption of Ordinance No. 1458, health insurance, under certain conditions and limitations, would be provided to retired employees. Council Member Kelly asked why the City had not previously provided coverage for retired employees. Mr. Taylor stated that the previous administration had adopted an ordinance to amend the policy and procedures to terminate retirees health insurance. Mr. Tanner stated that he believed a previous staff had exchanged an uP9radein benefits for the retirement insurance. Council Member Duke stated'that he would like to refer back to the minutes in January of 1990 to determine exactly why the previous administration had abolished the retirees health insurance. He stated that he was concerned about the cost. Council Member Nickell stated that he felt the Council was in agreement in that they wanted to take care of the employees who had been with the City for a long time. He asked if the Council could get an estimate of what the impact of the cost would be. 6 City Council Regular Session, Apri lIZ, lYYj IVL..JV The City Council requested that the Staff prepare a projection of the cost to provide health insurance to retirees and present it at the next regular session. > APPOINTMENT OF DEPUTY MUNICIPAL COURT CLERKS: Consideration was given to Resolution No. 93-05 appointing Deputy Municipal Court Clerks for the purpose of signing complaints. Mayor Johnson read Resolution No. 93-05 as follows: WHEREAS, it has been determined that it will be advantageous to designate qualified employees as Deputy Municipal Court Clerks for the purpose of signing complaints; and WHEREAS, the following employees are qualified to assume the duties of Deputy Municipal Court Clerks for this purpose: Gabriele Perez Christine Langerhans Sandra Bryant 1 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 Gabriele Perez, Christine Langerhans and Sandra Bryant as Deputy Municipal Court Clerks of the City of West University Place for the purpose of signing complaints. Section 2. That the appointments of Gabriele Perez, Christine Langerhans and Sandra Bryant as Deputy Municipal Court Clerks shall become effective immediately from and after the passage and approval of this Resolution. Section 5. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. ......., Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance; shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrasei clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open 7 D251 · City Council Regular Session, April 12, 1993 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 law at all times during such discussion, consideration and action. City Council ratifies, approves and confirms such notices and the contents and posting thereof. by The A motion was made by Council Member Duke, seconded by Council Member Lang to adopt Resolution No. 93-05. 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 AD VALOREM TAX EXEMPTION ORDINANCE: Consideration was given to the over 65 ad valorem tax exemption and first reading of Ordinance No. 1459. Mr. Taylor presented the Council with a comparison of the impact of the old and new water and sewer rates. He also presented an informal survey provided to him by the Senior Citizens which showed the average increase of property values since 1981 compared to the rates in 1990. Council Member Nickell commented that the schedules did not take into account the impact of the increase in the taxes. Mr. Taylor reported that the rationale of the schedules was strictly to try to offset the increase in the utility rates. Council Member Kelly asked if an increase in the Senior Citizens tax exemption could not be budgeted in 1994, then what would be the tax increase. Mr. Taylor replied that the actually impact to increase the Senior's exemption to $59,000 would be .6 of a penny. Council Member Duke stated that the present administration should not speculate as to what kind of a budget the next Council mayor may not have to enact in order to deal with an increase. Council Member Duke stated that his position regarding the increase in the Senior Citizen1s property tax exemption had not changed. He felt that the decision should be left to the next administration. Council Member Lang stated that the Staff needed a number to give to the Harris County Appraisal District by June. She added that in Mayan entirely new Council could be elected and would not be able to make a decision in only three meetings. A motion was made by Council Member Nickell to adopt Ordinance No. 1459 and insert in Section 2, Subsection 1 the amount of $90,000 of the 8 City Council Regular Session, April 12, 1993 \.V ~ ;J C. l i ! appraised value of the residence homestead of each individual who is 65 or older. The motion died for a lack of a second. Council Member Kelly asked the Finance Director what the tax increase would be if the $90,000 homestead exemption was approved. Mr. Taylor replied that the increase would be $.017 Council Member Kelly asked what the tax increase would be if the increase in homestead exemption went from $42,850 to $72,850. Mr. Taylor replied that the tax increase would be $.01. Council Member Kelly stated that, in all fairness, everyone's taxes should be lowered. He added that he wanted the current administration to increase the exemption for the Senior Citizens. A motion was made by Council Member Kelly to adopt Ordinance No. 1459 and insert in Section 2, Subsection 1 the amount of $72,850. The motion died for a lack of a second. The City Attorney left the meeting at 9:42 p.m. TAX REFUND: Consideration was given to 1992 ad valorem tax refunds. Mr. Taylor stated that the refund was a result of an over payment due to the tax deferral status of Clarady Virginia Bell. A moti on was made by Counci 1 Member Duke, seconded by Counci 1 Member Nickell to approve the refund in the amount of $1,351.85 to Clarady Virginia Bell. The motion was voted on with the following result: Voting Aye: Voti ng Nay: Absent: Mayor Johnson, Council Members Kelly, Lang Duke and Nickell None None PAYMENT OF LEGAL FEES: ~ Consideration was given to the payment of $4,777.88 to the City Attorney for legal services provided during the month of March. Mr. Tanner stated that there was an error in the billing and the amount owed the City Attorney was $4,809.13. 9 1256.. City Council Regular Session, April 12, 1993 Mayor Johnson asked if the City Attorney was through writing letters and recommendations to the City of Houston's Zoning Committee. Mr. Tanner replied that he thought the City Attorney had done everything he could in writing letters on behalf of the City of West University Place to the City of Houston's Zoning Committee. A motion was made by Council Member Duke, seconded by Council Member Nickell to pay the legal fees in the amount of $4,809.13. 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 WAKE FOREST WATER PLANT IMPROVEMENT: Consideration was given to payment of Estimate No. 5 in the amount of $29,534.32 to Nunn Constructors for work performed (February 16 through March 15, 1993) in the construction of Wakeforest Water Plant improvements (Phase 3). A motion was made by Council Member Lang, seconded by Council Member Nickell to approve payment of Estimate No.5 in the amount of $29,534.32 to Nunn Constructors. 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 CHARLOTTE/LAKE AREA RECONSTRUCTION: . Consideration was given to the payment of Estimate No.3 in the amount of $353,586.70 to Whitelak, Inc. for work performed (March 1, through March 31, 1993) in the construction of sanitary sewer lines, drainage and street improvements in the Charlotte/Lake area. Mr. Tanner stated that the tunnel work had been completed on University Blvd. A motion was made by Council Member Duke, seconded by Council Member Lang to approve payment of Estimate No.3 in the amount of $353,586.70 to Whitelak, Inc. 10 City Council Regular Session, April 12, 1993 !() ~ 54 CITY COUNCIL MEETING MINUTES: Consideration was'given to the minutes of the following City Council , meetings: (a) Regular Session conducted on March 22, 1993 (b) Special Session conducted on March 24, 1993 (c) Special Session conducted on March 31, 1993 A motion was made by Council Member Duke, seconded by Council Member Kelly to approve the minutes of the City Council Regular Session, March 22 and the Special Sessions, March 24 and 31, 1993 as presented. 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: Council Member Nickell stated that he had presented an appl ication to the Staff for grant money for a used oil program. He stated that with further research he found out that grant money was available for the purchase of catch bins for used oil. He asked that the Staff further investigate the possibility of requesting the grant money. Council Member Nickell asked what was the status of the year end audit report. Mr. Taylor replied that he was due a draft any day. Council Member Nickell requested that the Council hold a Special Session to discuss the settlement with Whitelak, Inc. He stated that he felt the issue should be settled by the present Council and not passed on to the next administration. ADJOURNMENT: With no further business to come before Council at this time, a motion was made by Counci 1 Member Lang, seconded by Counci 1 Member Ni cke 11 to adjourn. The meeting adjourned at 10:12 p.m. A-ib~~~~uA~ WHITT F. J . ON MAYOR KAYL YNN HOLLOWAY CITY SECRETARY 11 )255 .~ ('---/ ---, I I J 0f77"A) 00256 CITY COUNCIL SPECIAL SESSION MONDAY, APRIL 5, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. ******************** The City Council convened in Special Session at 7:30 P.M. in the Municipal Building (3800 University Boulevard) on March 8, 1993. Mayor Johnson presiding, Council Members Kelly, Duke and Langwere present. City Manager, City Attorney, Public Works Director, Consulting Engineer and City Secretary were also present. 1. Consideration was given to contemplated or pending litigation and settlement offers associated with Whitelak, Inc. claims. Bubba Whitehead representing Whitelak, Inc. was present at the meeting to discuss the pending claims made by his company. Mr. Whitehead presented to the Council a graph showing the cost schedule for improvements in the Charlotte/Lake area. He stated that through February 1993, Whitelak, Inc. had projected $300,000 in revenues, however,due to the delay in the ground conditions, the total work completed through February resulted in $215,442 in revenues. Therefore, Whitelak1s loss in revenue was $84,558. Mr. Whitehead stated that when the project was shut down, Whitelak, Inc. had dug numerous pits in anticipation of the type of construction method they were going to use, which was going to be8 and 12 inch pipe in a bore. . If they would have been able to use the pits, Whitelak would have gotten paid by the City $47,532. He stated that Whitelak's cost for doing the work would have left a difference (profit and overhead) of about $24,746.50. I' i I I ! Mr. Whitehead reported that additional costs to clean out the existing pits, due to the "silting in" of the excavations, would be approximately $8,500. Other items of expense included one month rental of a well point system for $3,000 and 1,500 square yards of asphalt patching at $6.00 per square yard for a total of $9,000. Mr. Whitehead stated that one month of overhead as reported on his 1992 financial statement was $84,486.50. Mr. Whitehead stated that the total amount Whitelak, Inc. loss due to the delay of the job equaled to $116,000. He asked that the City split the amount for a total of $58,000. Council Member Nickell arrived at 8:00 p.m. Mr. Whitehead claimed that his down time was from February 3 through March 1. ~267.. .~ City Council Special Session, April 5, 1993 The City Council spent a considerable amount of time discussing the project with Mr. Whitehead to try to determine the actual time loss by the Contractor and if there was actually any money due him by the City. Mr. Whitehead left the meeting at 8:45 p.m. A motion was made by Council Member Duke, seconded by Council Member Lang to convene in Executive Session at 8:47 p.m. as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2 (e). The City Council adjourned the Executive Session and convened in open session at 9:10 p.m. A motion was made by Council Member Duke, seconded by Council Member Kelly to authorize the City Staff to obtain information to better understand, modify and adjust whatever was deemed necessary to present to Council what the Staff feels is the actually damages to Whitelak, Inc. The motion was voted on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly, Duke, Lang and Nickell None None, Voting Nay: Absent: 2. Consideration was given to a bond sale authorized by the August 8, 1992Special Election. Chris Taylor, Finance Director and Larry Catuzzi of Rauscher Pierce Refsnes, Inc. the City's finance advisor was present at the meeting. Mr. Taylor stated that it was the Staff's recommendation that the City Council authorize the Staff and the Financial advisors to move forward on a bond sale according to the submitted calendar. The bond sale would be June 1, 1993. Mr. Taylor presented a tentative schedule of events. Council Member Kelly asked if the schedule for the sale of the bonds would go along with the projection of when the funds were needed to begin the next phase of the infrastructure improvements. Mr. Tanner stated that the Staff would probably recommend delaying the sale if there was no change in the market place so that the funds would not be delivered until just before they were needed. The City does not want to pay any more interest-than needed. Mr. Tanner reported that the Staff was viewing with Dieter Ufer, Consulting Engineer, a schedule that would dictate when to begin construction. Mr. Tanner stated that Mr. Ufer believed that, if he was authorized within the next week, he could complete the plans and 2 l;lty \,ounC11 ~pecldl ;:>e:):)IUll, t\1-'111 ~, J.::J::J..J \Ji!~B .\ I specifications for Priority Area 68 during the Fall. The City could begin construction of 68 in January of 1994. ---' .. , . . '" -0." ,.... Mr. Taylor stated that the Financial Consultants would constantly be moni tori ng the market and keep the Staff and Counci li nformed of any changes. He reported that they were operating under the assumption that the rates w~re going to remain relatively stable in the six months time frame. A motion was made by Council Member Duke, seconded by Council Member Nickell to authoriie the Staff and Rauscher Pierce, the financial Advisors to proceed with the steps necessary to implement the next bond sale according to the calendar submitted. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Duke, Lang and Ni eke11 None None 3. Adjournment With no further business to come before Council at this time, a motion ~as made by Council Member Duke, seconded by Council Member Lang to adjourn. The meeting adjourned at 9:30 p.m. u~ +.,fi:~---' WHITT F. JOH N MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 3 0259 .. 1 ~ CITY COUNCIL SPECIAL SESSION MONDAY, APRIL 26, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. /7 -sj;w/7-3 toe 6 ( The City Council convened in Special Session at 7:00 P.M. in the Municipal Building (3800 University Boulevard) on April 26, 1993. Mayor Johnson presiding, Council Members Kelly, Lang, Duke and Nickell were present. The City Manager, City Attorney, Director of Public Works, Finance Director and City Secretary were also / present. 1. Consider matters related to contemplated or pending litigation and settlement offer associated with claims by Whitelak, Inc. Closed Executive Session as authorized by the Open Meetings Act TEX. REV. CIV. STAT. ANN., as amended, Article 6252~17, Section 2 (e). The City Council adjourned the Executive Session at 7:29 P.M. and convened in open session. Mayor Johnson requested a motion. A motion was made by Council Member Duke, seconded by Council Member Lang to authorize the City Manager and City Attorney to make the Council's final and best offer, in writing, to Whitelak, Inc., the amount of $12,000 cash upfront plus an additional amount up to $18,000, being comprised of $900 per day early completion bonus capped at twenty days. The expiration date being Friday, April 30, 1993 at 4:00 P.M. The motion was voted on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly, Duke and Lang Council Member Nickell None voting Nay: Absent: with no further business to come before Council at this time, the meeting adjourned at 7:32 P.M. .~/ ~s;1~ WHITT. F.. JOHN~r~N. MAYOR KAYLYNN HOLLOWAY CITY SECRETARY ~i '2b1 ~. . L L l CITY COUNCIL REGULAR SESSION MONDAY, APRIL 26, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. ******************************** , 6//0; 1-/ lO~62 The City Council convened in regular session in the Municipal Building, 3800 University Boulevard, on Monday, April 26, 1993. Mayor Johnson presiding"Council Members Kelly, Lang, Duke and Nickell were present. The City Manager, Public Works Director, Finance Director, Parks and Recreation Director, City Attorney and City Secretary were also present. Mayor Johnson delivered the invocation and Council Member Nickell led the Pledge of Allegiance. CITIZEN COMMENTS: Mayor Johnson invited residents who wished to address the City Council to come forward as their names were called. Barbetta Wood, a resident at 3923 Villanova, spoke in favor of the increase in the Senior Citizen's ad valorem tax exemption. I I I Chuck Gillan, a resident at 3620 Georgetown, spoke in opposition to the increase in the Senior Citizen's ad valorem tax exemption. He stated that the increase in the tax exemption needed to be better publicized so that all the citizens would be aware of the issue. Jane Breazeal, a resident at 4019 Rice Blvd. and a member of the Senior Services Board, spoke in favor of the increase in the Senior Citizens~s ad valorem tax exemption. Dorothy Rieger, a resident at 6516 Brompton, asked the Council to consider increasing the Senior Citizen's ad valorem tax exemption. Harold Shipp, a resident at 3905 University,. asked the City Council if they could request that a member of the Harris County Appraisal District come to West University place to discuss the increase in the property values. Council Member Kelly reminded those present that, right after the current administration took office, they asked the Head of the Harris County Appraisal District to come to the City. He stated that he thought there was a lot that the City could do to put pressure on the Harris County Appraisal District. Maury Shepherd, a resident at 2702 Arbuckle, spoke to the Council about Zoning Ordinance No. 1437. He asked if the members on the Zoning Board of Adjustment accurately reflected the viewpoint of the City Council. r2b3 ~~. l- "-,'7~ Council Member Lang replied that the Zoning Board of Adjustment was appointed by the City Council but was an autonomous Board and their decisions were appealable only to a court. Mr. Shepherd stated that Ordinance No. 1437, Amendment 2-102, concerning the visibility triangle, was not in effect when he began building his fence. The Ordinance was passed during the time of construction and prohibited him from completing the fence. Mayor Johnson suggested that Mr. Shepherd make an appeal to the Zoning Board of Adjustment. Ross Frazer, a resident at 4039 Byron and Chairman of the Friends of West University Parks Fund Board, reported that naming the Milton Street Park at this time would handicap the Board because of the marketing materials that were distributed to many of the Foundations. He stated that the Friends Board had offered the name of the Park as a gift for a considerable contribution to the City. Jere Ahrens, a resident at 6528 Wakeforest and member of the Parks and Recreation Board and Friends Board, reported that he felt it was inappropriate at this time for the Council to name the Milton Street Park. He stated that it would hamper the fund raising efforts of the Friends Board. Martin Phillips, a resident at 6134 Charlotte, requested that the Council select an alternative to constructing the curbs on Amherst Street to protect the trees. He suggested an alternative would be to hand-form the curbs, where there are significant trees. Ted Eubanks, a resident at 2701 Amherst, reported that there would be permanent loss to his property if the trees were damaged on Amherst. He stated that the trees were an irreplaceable resource. He also agreed with Mr. Phillips that an alternative solution would be to hand-form the curbs. Mr. Eubanks added that if the City Council was worried about spending extra money, then he would pay for his own curbs. Virginia Eubanks, a resident at 2701 Amherst, stated that she would like to live in a City where protecting what is beautiful and "of nature" rests equally with the elected representatives and not always with the homeowners, finding themselves in the position where they entreat the officials not to damage what is responsible for making West University Place such a beautiful city to live in. Martin Aaron, a resident 2723 Amherst, spoke in favor of saving the trees on Amherst and other parts of the City. He also offered to pay for his share of hand-forming the curb on Amherst 2 ,~ 1._ _ '" ..,. Street. He stated that he had no trees in his yard ,but received the benefit from the trees across the street. l Edward Ross, a resident at 3410 Robinhood,stateclthat he felt the suggestion made by Council Member Lang, at the last regular session, to put a plaque in the Milton Street Park to honor the JMH people, was a good compromise. Mr. Ross also stated, that as a young person in West University, he would do anything to preserve what he felt was one of the most valuable assets in the City, that being the Senior Citizens. ~ J.A. Mitchell, a resident at 2826 Albans, reported that, if the Senior Citizens were given an increase in the exemption, he hoped it would not be at the expense of the younger people in the City. Rather, it might be done with the increased tax base, but not by raising the rates: He also requested that the Council take their time and hear what everyone has to say regarding naming the Milton Street Park. ! Carol Burke, a resident at 3030 Tangley and Chairman of the Parks and Recreation Board, stated tha~ everyone speaking that night was in favor of preserving the City's assets. Those being the trees, the City's Senior Citizens and the JMH Park Site. She stated that the Parks and Recreation Board and the Friends Board were at a previous council meeting and showed the Council evidence that they approved a brochure which offered the name of the Milton Street Park for $350,000. The name was offered so that the Friends Board could raise money without increasing the taxes. Ms. Burke asked the Council to not be precipitous in naming the Milton Street Park. She also added that the JMH people, at the time of sale of the land, did not want the name and did not reduce the marke~ value of the land. The City paid market value. Mayor Johnson reported that he had a letter from the JMH people stating that they made a mistake by not including a clause in the contract to name the property "JMH Park". Linda Day, a resident at 4224 Lehigh, thought the COllncil was considering an Ordinance to prevent planting of right-of-way trees. Mike Tanner, City Manager, stated that there was not an ordinance concerning trees on the agenda that night. The item on the agenda was a simple presentation relating to installation of right-of-way trees. He added that the presentation could be tabled and presented to the next administration. Chris Brown, a resident at 2720 Amherst, stated. that the five live oaks in danger of being destroyed were in front of his house. He asked the Council to consider other alternatives in laying the curb side on Amherst street in order to protect the 3 265 trees. Wynn Campbell, a resident at 6135 Fordham, stated that he also had live oak trees that would be in danger during the construction. He asked the Council to take whatever steps necessary to preserve the trees in the City. Council Member Kelly stated that the majority of the present Council supported the preservation of trees and would do whatever possible to reduce the risk of the loss of trees. Ed Menville, Director of Public Works, discussed the construction process in the Charlotte/Lake area project. He stated that Foster Tree Service was charged with the responsibility to study the. trees in the area knowing full well the impact of the construction process~ Foster Tree Service fed the trees in advance, treated the trees with various types of chemicals to protect them against infestation and in some cases pruned the trees to compensate for the loss of roots. Mr. Menville presented a sketch of the construction of the streets and curbs in the Charlotte/Lake area. Many of the residents present at the meeting demanded that the Council delay the construction project until an alternative method could be discussed to insure the preservation of the trees on Amherst. Mayor Johnson informed those present that the Charlotte/Lake area project was not on the agenda that night and the Council could not legally make a decision. Council Member Nickell suggested that the Staff could postpone construction in the area and the Council could call an emergency meeting to make the changes necessary to solve the problem. Jim Dougherty, City Attorney, reported that, if there was an unforeseeable situation requiring immediate action, the City Council could call an emergency meeting by posting a notice two hours in advance of the meeting. It was the consensus of the Council to meet in Special Session on Thursday, April 27, at 7:00 P.M. to discuss the Charlotte/Lake area project. ORDINANCE DEDICATING MILTON STREET PARK: Consideration was given to the first reading of Ordinance No. 1460. 4 L \J~oo- Mayor Johnson read the caption of the Ordinance as follows: AN ORDINANCE DEDICATING A PARK LOCATED AT THE SOUTHWEST CORNER OF MILTON AND COLLEGE STREETS; 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 No. 1460, in the form required for adoption, were available to all. members of the Council.. A motion was made by Council Member Nickell, seconded by Council Member Lang to adopt Ordinance No. 1460, dedicating the Milton Street property as a public park. 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 DEDICATING AND NAMING JMH PARK: Consideration was given to the first reading of Ordinance No. 1462. Mayor Johnson presented a letter written by Rudolph V. Darilek, requesting the Milton Street property be named "JMH Park". Mayor Johnson read the caption of Ordinance No. 1462 as follows: AN ORDINANCE DEDICATING AND NAMING "JMH PARK", LOCATED AT THE SOUTHWEST CORNER OF MILTON AND COLLEGE STREETS: 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 No. 1462, in the form required for adoption, were available to all members of the Council. Mayor Johnson requested a motion for the adoption of Ordinance No. 1462. There being no motion, the Ordinance died for lack of proper action from the City Council. Council Member Lang asked if the Council could discuss an alternative to the Ordinance. Mayor Johnson reported that he had an alternative solution. He suggested that the Council set a six month deadline. At the end 5 ~.2 67.... of six months, if the Friends of the Parks Fund Boaid could not raise $350,000, then the park would be named "JMH Park". He stated that the Board already owed the City $80,000 which they were unable to pay. Council Member Lang stated that she thought six months was not enough time to raise the $350,000. She suggested that the City authorize the Historical Society to develop a plaque for the Milton Street Park site in honor of the f1JMH people". Council 'Member Lang suggested that January of 1995 would be ample time to give the Friends Board to raise the money. council Member Duke stated that he felt that setting a deadline would not do any good because the future council could always extend the deadline. Council Member Nickell stated that he would like to hear from the Friends Board to see what would be an acceptable time. Mr. Frazer stated that, based on the Board1s experience over the last few years, six months would not be an acceptable amount of time. He added that the Friends Board had given their best effort to raise the money owed to the City and would continue to do so. But he could not tell the Council how much time would be needed to raise the money. Council Member ,Kelly stated that he agreed with Council Member Duke in that he did not want to burden the next administration with a deadline or a time limit. AD VALOREM TAX EXEMPTION ORDINANCE: Consideration was given to the over 65 ad valorem tax exemption and first reading of Ordinance No. 1459. Mayor Johnson read the caption of Ordinance No. 1459 as follows: AN ORDINANCE GRANTING AND CONFIRMING EXEMPTIONS FROM AD VALOREM TAXATION; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance No. 1459, in the form required for adoption, were available to all members of the Council. A motion was made by Council Member Nickell to adopt Ordinance No. 1459, increasing the Senior Citizen ad valorem tax exemption from the current rate to $90,000. The motion died for a lack of a second. 6 u..., _ ..... ........ A motion was made by Council Member Kelly, seconded by Council Member Lang to adopt Ordinance No. 1459 increasing the Senior Citizen ad valorem tax exemption from the current rate to $72,850. Council Member Kelly stated that he believed that the increase in the tax exemption should be done with an increase in the tax base not the increase in the tax rate. The next administration should be able to work with the next year1s budget to accommodate for the increase. Council Member Nickell stated that he felt $90,000 was a fair amount and that the amount of $72,850 was a cheap compromise to keep the Sen~ors quiet. Council Member Duke stated that the certified roll had not been received by the City Staff so there was no way to determine if the increase could be covered by the tax base and not the tax rate. He suggested that the present Council allow the next administration to make the decision on the increase. He stated that, by law, the Council could not budget for deficit, so the increase could not be supported by the fund balance. Council Member Lang stated that she was not opposed to the higher exemption but to act on it that night was premature. The discussion actually belonged in the budget process and it was a courtesy that the Council was acting on the Ordinance that night. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Johnson, Council Members Kelly and Lang Council Members Duke and Nickell None The City Attorney lef-t the meeting at 9:56 P.M. RETIREE BENEFIT ORDINANCE: Consideration was given to retiree medical coverage and the first and final reading of Ordinance No. 1458. Chris Taylor, Finance Director recommended that the Council adopt Ordinance No. 1458 amending and updating Chapter 6, Paragraph 6, Section D of the Personnel policies and Procedures manual establishing retiree health insurance under certain conditions and limitations. Copies of Ordinance No. 1458, in the form required for adoption, were available to all members of the Council. 7 i: '~, . . )269dlll Council Member Duke left the meeting at 10:15 P.M. A motion was made by Council Member Kelly, seconded by Council Member Lang to table consideration of Ordinance No. 1458. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Council Members Kelly and Lang Mayor Johnson and Council Member Nickell None Council Member Duke returned to the meeting at 10:20 P.M. A motion was made by Council Member Nickell to adopt Ordinance No. 1458. The motion died for the lack of a second. 1993 BUDGET AMENDMENT: Consideration was given to the first and final reading of Ordinance No. 1461. Mike Tanner, City Manager, stated that in the 1993 Annual Budget, the Staff had proposed to discontinue curb side compost collection. The City Council elected to continue the compost collection, therefore, the Staff recommended approval of the budget amendment to support the compost collection. ',-- Mayor Johnson read the caption of Ordinance No. 1461 as follows: AN ORDINANCE AMENDING ORDINANCE NO. 1448 WHICH APPROVED THE BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1993, AND ADOPTED ON NOVEMBER 16, 1992; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. A motion was made by Council Member Lang, seconded by Council Member Nickell to approve Ordinance No. 1461 on the first and final reading. Copies of Ordinance No. 1461, in the form required for adoption, were available to all members of the Council. The motion was 'voted on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly, Duke, 8 I '--- l\I~(U l i i I ---' Voting Nay: Absent: Lang and Nickell None None BIDS FOR THE PURCHASE OF CARPET: Consideration was given to bids received April 12, 1993 for the purchase and installation Qf carpet for City Hall (Administrative offices on the second floor and the Day Room used by the Fire Department) . . The Staff recommended the low bid submitted by Coastal Flooring in the amount of $9,026.00. A motion was made by Council Member Nickell, seconded by Council Member Lang to approve the low bid from Coastal Flooring in the amount of $9,026.00 and approval of the appropriate budget amendment. ' 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 BIDS FOR THE PURCHASE OF A HEAVY DUTY TRUCK (CAB AND CHASSIS) : Consideration was given to bids received April 12, 1993 for the purchase of a diesel, heavy duty cab and chassis for the Public Works Department. A motion was made by Council Member Nickell, seconded by Council Member Lang to approve the low bid submitted by White GMC Truck in the amount of $29J710.;5. The motion was voted on with the following result: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Duke, Lang and Nickell None None Voting Aye: BIDS FOR THE. PURCHASE OF CITY UNIFORMS: -----, Consideration was given to bids received April 19, 1993 for the 9 )27-1.. purchase of city uniforms for the Public Works Department. Mr. Menville reported that there was a range of dollar amounts listed on the bids to adjust for the different style of boots selected by the employees. '-- Mr. Menville stated that the City was purchasing to overalls and hard hats to be used as new uniforms. A motion was made by Council Member Nickell, seconded by Council Member Lang to approve the low bid submitted by Cintas Cbrpbration in the amount of $8,933.60- $9,314.40. 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 RIGHT OF WAY TREES: Consider matters related to installation of right~of-way trees. Mr. Tanner reported that he understood the Council as saying they wished to table the presentation and had dismissed the Urban Forester. No action was taken. PAYMENT OF ENGINEERING SERVICES: Consideration was given to the payment of $62,729.95 to Langford Engineering: (a) Invoice No. 7146 in the amount of $25,809.20 for the design of sanitary sewer lines, water lines, storm sewer lines, streets and drainage structures in Priority Area 6A. (b) Invoice No. 7147 in the amount of $21,950.00 for the development of the comprehensive capital improvement plan. (c) Invoice No. 7148 in the amount of $14,086.30 for services provided during the construction of sanitary sewer lines, streets and drainage structures in the Charlotte/Lake Area. (d) Invoice No. 7149 in the amount of $884.45 for Wakeforest Water Plant improvements. 10 II~(~ ] A motion was made by Council Member Duke, seconded by Council Member Kelly to approve payment to Langford Engineering in the amount of $62,729.95 for invoice numbers 7146, 7147, 7148 and 7149 in the amounts specified on the agenda. The motion was voted on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly, Duke, Lang and Nickell None None Voting Nay: Absent: COMPREHENSIVE PLAN FOR INFRASTRUCTURE IMPROVEMENTS: Consideration was given to the Comprehensive Plan for Infrastructure Improvements. Dieter Ufer, Consulting Engineer from Langford Engineering, suggested that because of the importance of the Master Plan to be presented and due to the late hour, he requested that the formal presentation be postponed to a later date. He stated that the presentation would take an hour to an hour and a half. ----, ~ CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the Special Session conducted on April 5 and the Regular Session conducted on April 12, 1993. A motion was made by Council Member Nickell, seconded by Council Member Lang to approve the minutes as presented. The motion was voted on with the following result: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Duke, Lang and Nickell None None Voting Aye: COUNCIL COMMENTS: Council Member Kelly read a letter written by a Senior Citizen requesting that the City Council have occasional afternoon meetings so that the older residents could attend. . -.J 11 \. 12'Y8-. Council Member Nickell asked the Staff if they inquired about the grant for the collection of used oil~ Mr. Menville reported that his department was working on the draft report. r- ! ADJOURNMENT: 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 10:50 P.M. ~<-. ~ WHITT F.~. MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 12 . ~ CITY COUNCIL SPECIAL SESSION MONDAY, MAY 3, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. #(1 5jJo/' 'f()19 The City Council convened in Special Session at 7:00 P.M. in the Municipal Building (3800 University Boulevard) on May 3, 1993. Mayor Johnson presiding, Council Members Kelly, Lang, Duke and Nickell were present. The City Manager, City Attorney, Direbtor of Public Works, Finance Director and City Secretary were also present. 1. Consider matters related to contemplated or pending litigation and settlement offer associated with claims by Whitelak, Inc. Closed Execut~ve Session as authorized by the Open Meetings Act TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2 (e). The City Council adjourned the Executive Session at 7:20 P.M. and convened in open session. Mayor Johnson requested a motion. l: A motion was made by Council Member Duke, seconded by Council Member Kelly to authorize the Staff to prepare a written settlement offer with Whitelak, Inc. expressing no fault on either party, no admission of liability and stating that the Council is making the offer in the interest of the City. To offer Whitelak, Inc." the settlement of $27,000 with a deadline of 4:00 P.M., ~ay 7,1993 and enc16sing the check with the offer. And this being this administration's best and final offer. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Council Members Kelly, Duke, Nickell and Lang Mayor Johnson None The City Council recessed from the Conference Room and reconvened in the Council Chambers at 7:30 P.M. Additional members of the Staff present were the Police Chief, Fire Chief and Parks and Recreation Director. MATTERS RELATING TO CANVASS OF 1993 GENERAL ELECTION: ~ Consideration was given to the official canvass of the City'S General Election held May 1, 1993 to elect a Mayor and four Council Members. Mayor Johnson read Ordinance No. 1462 as follows: )'2111.. ORDINANCE NUMBER 1462 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD IN,THE CITY OF WEST UNIVERSITY PLACE, TEXAS, ON MAY 1, 1993; CONTAINING FINDIN~S AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. * * * * * * * * * * * * * * * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UN IVERS!TY PLACE, TEXAS: WHEREAS, the City Council of the City of West University Place, Texas, (the "City"), ordained that an election be held in the City on the 1st day of May, 1993, for the purpose of electing one Mayor and four Council Members for two year terms; and WHEREAS, said election was called and notice given in accordance with the law~ and the election was held in all material respects in conformity with the law; and WHEREAs~ the returns of such election have been duly and legally made and submitted to the City Council of the City for canvassing, and a tabulation of the returns for each election precinct and for early voting, as canvassed and tabulated by the City Council of the City and shown in Exhibit A attached hereto, reflect the vote totals for each candidate, as follows: 1-1V , I I . I~ 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 Council and as part of its judgment, particularly the results 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 Bill Watson, with a total of 2117 votes cast for him. has been elected MAYOR of the City of West University Place, Texas, Tom Rushinq. with a total of ~ votes.cast for him, Stan McCandless. with a total of 2043 votes cast for him, Teresa Foqler. with a total of 1992 votescast for her, and Linda Lewis, with a total of 1963 votes cast for her, have been elected COUNCIL MEMBERS of the CityQ'fWest University Place, Texas. Section 3. The City Secretary is hereby authorized and directed 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 or the application th~reof 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 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 amendedt 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. " Secti9n 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 i~ 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. 04.' · PASSED AND APPROVED, this the Voting Aye: Voting Nay: Absent: ATTEST: (SEAL) 3rd day of May ,1993. 3~~ James Dougherty, Jr. City Attorney C--~~] EXHIBIT A CITY OF WEST UNIVERSITY PLACE. TEXAS GENERAL ELECTION MAY1,1993 OFFICIAL TABULATION OF RETURNS FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCIL MEMBERS FOR MAYOR PRECINCT 183 PRECINCT 1 83 PRECINCT 133 PRECINCT 133 PRECINCT 87 PRECINCT 87 PRECI~ EARL Y VOTING EARL Y VOTING EARLY VOTING ================ ======= ======== ------- ======== ======= ------- ------- ------- BOB KELLY 453 60 396 43 417 37 ....-..--...-- ..--.......---- - BILL WATSON 452 51 366 32 554 80 .......---..--...-..- ----.........-....----..-.. ........----...-- ---..............---- FOR COUNCIL MEMBER =======-2tJ=====.== TOM RUSHING 499 67 336 38 520 81 LARRY WIGGIN 362 58 389 35 372 35 - TERESA FOGLER 473 65 374 45 455 60 JANICE LANG 316 32 346 37 3SS 33 CAROL BURKE 382 .38 329 26 490 74 STAN MCCANDLESS 475 72 359 38 488 70 LINDA LEWIS 396 63 354 37 492 72 TOTAL BALLOTS _ VOTED PER PRECINCT ' 941 112 792 76 996 121 rOTALREGISTERED VOTERS 2.165 2.115 2.509 =::r====:= ======= ======= ====: ~ 6.~ -" .q-. A motion was made by Council Membe~ Nickell, seconded by council Member Kelly to adopt Ordinance No. 1462 on the first and final reading. The motion was voted on with the following result: voting Nay: Absent: Mayor Johnson, Council Members Kelly, Duke, Nickell and Lang None None Voting Aye: ISSUANCE OF CERTIFICATE OF ELECTION: Mayor Johnson issued the Certificates of Election to the newly elected City Officers. Mayor Johnson reviewed the procedure for the regular meeting to be scheduled on May 10, 1993 with the Staff and the newly elected Council Members. Council Member Lang requested that Mayor Johnson add to the agenda for May 10th, an item for consideration concerning the Charlotte/Lake area construction on Amherst Street. ADJOURNMENT: with no further business to come before Council at this time, the ~ meeting adjourned at 8:05 P.M. KAYLYNN HOLLOWAY CITY SECRETARY ( r---; ,~ I CITY COUNCIL REGULAR SESSION MONDAY, MAY 10, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. ******************************** '-- The City Council convened in regular session in the Municipal Building, 3800 University Boulevard, on Monday, May 10, 1993. Mayor Johnson presiding, Council Members Kelly, Lang and Nickell were present. The City Manager, Public Works Director, Finance Director, Fire Chief, Parks and Recreation Director, City Attorney and City Secretary were also present. Shawn Jones, Minister West University Place Church of Christ delivered the invocation and Council Member Kelly led the Pledge of Allegiance. Council Member Duke was absent. CITIZEN COMMENTS: Mayor Johnson invited residents who wished to address the City Council to come forward as their names were called. Michael o. Henderson, a resident at 4216 Dartmouth, opposed the increase in the over 65 exemption for any Senior citizen with a gross income over $18,000. He stated that for those who own more than one piece of property, they should not qualify for the additional exemption. He proposed that the senior citizens should give proof of income to the City every year. Mr. Henderson spoke in opposition to the gun law. He suggested that the Council repeal the law until it is tested in court by another municipality. Mr. Henderson also opposed the stalking ordinance. He stated that the State already had a stalking law and should bear the burden of the constitutionality of the law. RESOLUTION RECOGNIZING JUDGE JOE BAILEY: Consideration was given to Resolution No. 93-06 recognizing Judge Joe Bailey, Chief Prosecutor for West University Place. Mayor Johnson read the Resolution as follows: CITY OF WEST UNIVERSITY PLACE RESOLUTION NUMBER 93-06 WHEREAS, Joe Weldon Bailey, II began service as an Assistant City Prosecutor in June 19,87 and since October 1990,has served as the Chief City Prosecutor for the Municipal 'Court of the City of West University Place; and r-' i WHEREAS, during all of such service to the Court has performed his duties in such a manner as to reflect credit upon himself, his family and the City; and ) 8.. ... I " WHEREAS, Chief City Prosecutor Bailey was receptive to the Court's needs and interceded on its behalf when critical occasions arose; and WHEREAS, Joe Weldon Bailey, II has elected to resign from the position of Chief City Prosecutor; and WHEREAS, it is the desire of the City Council to give recognition to Joe Weldon Bailey, II for his faithful service to the City and citizens of West University Place; and NOW, THEREFORE, BY RESOLUTION BY THE CITY COUNCIL OF WEST UNIVERSITY PLACE: Section 1. The City Council acting by and through its duly authorized authority, hereby commends Joe Weldon Bailey, II for his years of dedicated service to the citizens and to the City. Section 2. That the City Council expresses its grateful appreciation to Joe Weldon Bailey, II for his unselfish devotion to his responsibilities as an Assistant City Prosecutor and the Chief City Prosecutor. 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 Joe Weldon Bailey, II a true copy hereof, signed by each member of the City Council. PASSED AND APPROVED this 10th day of May, 1993 Whitt F. Johnson, Mayor Bob Kelly, Mayor Pro Tern Janice Lang, Councilmember Cullen Duke, Councilmernber Jerry Nickell, Councilmember A'motion was made by Council Member Kelly, seconded by Council Member Lang to adopt Resolution No. 93-06. > The motion was voted on with the following result: 2 '()f). , Voting Aye: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke Voting Nay: Absent: RESOLUTION APPOINTING MEMBERS TO MUNICIPAL COURT STAFF % Consideration was given to Resolution No. 93~07 appointing Robert Loper as Chief Prosecutor and Patricia Saum as Associate Prosecutor for West University Place. Mayor Johnson read the Resolution as follows: CITY OF WEST UNIVERSITY PLACE RESOLUTION NUMBER 93-07 RESOLUTION APPOINTING MUNICIPAL COURT CHIEF PROSECUTOR AND ASSISTANT PROSECUTOR; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Joe Weldon Bailey, II resigned his position as Chief Prosecutor of the Municipal Court of the City of West University Place effective May 6, 1993; and r-'. WHEREAS, such resignation has created a vacancy in the position of Chief Prosecutor; and WHEREAS, certain persons have indicated a desire and . wilingness to ,serve as the Chief Prosecutor and Assistant Prosecutor; and WHEREAS, Robert Loper is recommended for appointment as the Chief Prosecutor and Patricia Saum is recommended for appointment as the Assistant Prosecutor; and WHEREAS, the City Council has reviewed each appointment and has determined that the appointments of the Chief Prosecutor and Assistant Prosecutor should be made; and WHEREAS, the City Manager and the City Attorney have each indicated to the City Council that, to the extent they may have the responsibility under the City Charter or state law, they approve and appoint Robert Loper as Chief Prosecutor and Patricia Saum as Assistant Prosecutor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Robert Loper is hereby approved, appointed and confirmed as Chief Prosecutor of the Municipal 3 . 0 '. · If. ~.. Court of the City of West University Place. Section 2. That PatriciaSaum is hereby approved, appointed and confirmed as Assistant Prosecutor of the Municipal Court of the City of West University Place. Section 3. That Robert Loper is hereby vested with all powers and duties as set forth in the Charter of the City of West University Place and the Statutes of the State of Texas pertaining to his appointment. Section 4. That patricia Saum is hereby vested will all powers and duties as set forth in the Charter of the City of West University Place and the Statutes of the State of Texas pertaining to her appointment. Section 5. That these appointments made by this resolution shall take effect immediately upon passage and approval hereof. Section 6. That the Chief Prosecutor and Assistant Prosecutor of the above named Municipal Court shall receive as compensation for their duties the amount as may be authorized by the City Council from time to time. Section 7. All resolutions and parts ,of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 9. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art._ 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this 10th day of Mav, 1993. 4 11'1 · · Voting Aye: Voting Nay: Absent: Signed: Whitt F. Johnson Mayor ATTEST: Kaylynn Holloway City Secretary A motion was made by Council Member Nickell, seconded by Council Member Kelly to adopt Resolution No. 93-07. The motion was voted on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke Voting Nay: Absent!: Mayor Johnson administered the Oath of Office to Robert Loper as Chief Prosecutor. AD VALOREM TAX EXEMPTION ORDINANCE: Consideration was given to the second and final reading of Ordinance No. 1459. Council Member Kelly read parts of Ordinance No. 1459. The caption reads as follows: AN ORDINANCE GRANTING AND CONFIRMING EXEMPTIONS FROM AD VALOREM TAXATION; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance No. 1459, in the form required for adoption, were available to all members of the Council. A motion was made by Council Member Kelly, seconded by Council Member Lang to adopt Ordinance No. 1459 on the second and final reading. ~. Council Member Lang stated that she hoped the incoming City Council wo'uld reconsider the Senior citizen exemption during the budget process and hopefully find a way to increase the exemption. 5 .2. .11- . (- Council Member Nickell stated that he had been an proponent to raise the exemption to $90,000 and strongly encouraged the next Council to reevaluate the ordinance. Council Member Kelly stated that consideration needed to be given to the younger people in the City who were struggling to make ends meet. He commented that he also understood how some of the Senior citizen's needed a tax break. He added that he hoped that the current administration would go out of office with a signal sent to the Senior citizens to show them that they are appreciated. Mayor Johnson stated that he endorsed the comments made by the City Council. He added that he did not think the Council should tie a tax rate increase to the Senior citizen exemption. The motion was voted on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly and Lang Council Member Nickell Council Member Duke Voting Nay: Absent: ORDINANCE DEDICATING MILTON STREET PARK: Consideration was given to the second reading of Ordinance No. 1460. Mayor Johnson read parts of Ordinance No. 1460. The caption reads as follows: AN ORDINANCE DEDICATING A PARK LOCATED AT THE SOUTHWEST CORNER OF MILTON AND COLLEGE STREETS; 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 No. 1460"in the form required for adoption, were available to all members of the Council. Council Member Lang stated that she was not opposed to naming the Milton Street Park "JMH Park". But in deference to the hard work by the Friends of the Parks Fund Board to try to raise money for the City, she felt that now was not the time to name the Park. Mayor Johnson stated that he was a crusader for naming the Park "JMH 'Park" but was not supported by the other members of the Council. 6 [A.., . . r~' l_ A motion was made by Council Member Nickell, seconded by Council Member Lang to adopt Ordinance No. 1460, dedicating the Milton Street property as a public park. The motion was voted on with the following result: Voting Aye: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke Voting Nay: Absent: CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the Special and Regular Session conducted on April 26 and the Special Session conducted on May 3, 1993. A motion was made by Council Member Kelly, seconded by Council Member Nickell to approve the minutes as presented. The motion was voted on with the following result: Voting Nay: Absent: Mayor Johnson, Council Members Kelly, Lang and Nickell None Council Member Duke Voting Aye: COMMENTS BY OUTGOING COUNCIL MEMBERS: Mayor Johnson thanked all for a special two years and welcomed the new City Council members. Mayor Johnson reiterated the accomplishments made by the current City Council over the past two years. He also read letters written to, him by members of a second grade class at West University Place elementary school. Council Member Kelly thanked the City Staff. He stated that the current Council had been fortunate enough to see most of the Staff members come into the City. Council Member Kelly encouraged the new City Council to move forward with improvements to the City. He thanked numerous people who supported him during his campaign. Council Member Kelly stated that the last two years had been very rewarding and encouraged everyone to get involved with their City government. He added that the contested election was very healthy for the City. Council Member Nickell stated that it was an honor and a 7 4 . e .'''''''. ... I .~ "!Il1 . . priviledge to serve on the City Council. He'p:cl.ded that it was a rare and rewarding opportunity for him. He encouraged the next administration to open the City to the citizens and to reestablish the committee system. The out-going Council did a lot to improve the park space and quality of life in the City and he hoped it would continue. Council Member Lang stated that serving on the City Council was a humbling experience. She added that it was difficult to make decisions to make everyone happy. She stated that serving on the City Council had been a wonderful, exhilarating honor. Council Member Lang alerted the next administration that they would have to work hard. She encouraged all the citizens to join the West University Place Historical Society. Mayor Johnson read comments written by Council Member Duke. Council Member Duke apologized for his absence that evening. He offered his sincere congratuations to the incoming Mayor and Council Members. He thanked the citizens of West University place for allowing him to be their steward for the past two years. It had been an informative, challenging and at times frustrating, but always rewarding experience that he would always remember. He thanked the City Staff for their efforts and his fellow Council Members for working with him. At this time Mayor Johnson and Council Members Kelly, Lang and Nickell left the council table. INSTALLATION OF NEW CITY COUNCIL MEMBERS: The Hon<;>rable Michol'O'Connor, Justice, First Court of Appeals~ Harris County, Texas administered the Oath of Office to Bill Watson for the office of Mayor. Judge O'Connor administered the Oath of Office to each newly elected City Council Members: Council Member Teresa Fogler, Council Member Linda Lewis and Council Member Stan McCandless. Council Member Tom Rushing was absent. MEETING CALLED TO ORDER: The new City Council was seated at the Council table. Mayor Watson presented the outgoing Council Members with plaques in appreciation of their service to the City. 8 .LCI- rL COMMENTiS-- BY. INCOMING COUNCIL MEMBERS: Mayor Watson thanked everyone for giving him the opportunity to serve the citizens for the next two years. He stated that as he walked around the City, he found that most everyone was very pleased with West University Place. There were a few concerns but most everyone felt that West University Place had the potential to be a model American city. He stated that the City should be a town where others come to observe and to guide their own city accordingly. Mayor Watson stated that the qualified city staff stood ready to respond to the Council's priorities and to make the goals more easier to reach on a daily, weekly, monthly and yearly basis. He added that the City was use to working together in solving its own problems. Mayor Watson asked the citizens to work with him and join him in trying to solve the problems of the City. He also encouraged the citizens to think about what role they could play in the solution of these problems. Mayor Watson briefly discussed priorities of the City Council. Council Member Lewis stated that becoming a Council Member reminded her of childbirth and of being a parent. She stated that in order to be a good parent and a good Council Member, she would have to have the right mix of intelligence and common sense. That she would have to know when to be flexible and when to stand her ground. She would have to offset criticism with positive reinforcement. Council Member Lewis stated that she looked forward to working with the newly elected Mayor and Council Members. She felt that each one of them represented something very different but shared common goals. She hoped that the new adminstration could continue what she viewed as the good work, not only of the past council, but of all the predecessors. She thanked the citizens for their support. ~ Council Member Fogler thanked her family for their support and the people who worked to help her get elected. She stated that most everyone knew what she stood for but that she did have one overall goal. That being, in two years, the Council would be proud of what they had accomplished and feel that they have made the hard choices and have taken West University Place in a progressive direction. She hoped that they would had made changes and were ready to enter the next century. Council Member Fogler stated that she felt that in order to make that happen, they would have to build coalitions, both among citizens and among the members of the Council. She stated that they were going to have.to listen and repecteach other. She added that she planned to be there in two years and feel like they have achieved good things for West University Place and have made and kept the City a first class place to live. She felt that would be 9 .6.. ... .' , ~- the measure of their success. Council Member McCandless thanked his family and the people who supported his candidacy. He felt it was a wonderful and delightful experience. He stated that it was going to be an honor to serve the citizens in West University Place. Council Member McCandless stated that one of the issues that he ran his campaign on was the need to communicate. One of the many things that should be done well between Council Members, Staff and citizens was communication. He felt that all levels of City employees should be able to get the message. He stated that he was looking forward to a very successful term with the City Council. Mayor Watson stated that he had a short statement from Council Member Rushing who was unable to attend the meeting. Council Member Rushing wanted to thank the out-going council for their fine job the past two years. He thanked the City Staff for delivering the City in such good condition. He also thanked his friends and family who supported him during the election. He stated that his goals, at this point, would be for the citizens to create for West University Place a vision of the twenty-~irst century so that they would be able to deliver the City in two years to a new council who would find a City that is financially stronger, is operated day to day by an efficient, citizen driven staff and a city that is comprised of citizens who are happier and more supportive. SELECTION OF MAYOR PRO TEM: Consideration was given to the election of a Mayor Pro Tern. A motion was made by Council Member Lewis, seconded by Council Member Fogler to elect Council Member Tom Rushing as Mayor Pro Tern. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Fogler, Lewis and McCandless None Council Member Rushing Voting Nay: Absent: ADJOURNMENT: With no further business to come before Council at this 10 ..---. - \ time, a motion was made by Council Member McCandless, seconded by Council Member Lewis to adjourn. The meeting adjourned at 9:10 p.m. ~. o~+. ~/ WHITT F. JaR ON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 11 L 8.. e." II I I i I I i . \ Ordinance No. 1459 AW ORDINANCE GRANTING AND CONFIRMING EXEMPTIONS FROM AD VALOREM TAXATION; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council is the governing body of the City of West University Place, Texas (1'City"); and WHEREAS, the City Council desires to grant and confirm certain exemptions from ad valorem taxation, as authorized by Section 11.13 of the Texas Tax Code; ;. .1 II I' Ii II L 11 L !I If I !I II II I, II 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 hereby found to be true and correct. Section 2: Subject to the Texas Tax Code, the City Charter and all other applicable law, the City Council grants and confirms the following exemptions from ad valorem taxes levied by the City: (1) $72,850 of the appraised value of the residence homestead of each individual who is 65 or older. (2) The statutory exemption for each disabled veteran. Section 3: Such exemption shall be effective for taxes levied for the current year and for each subsequent year until changed. Section 4: All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. II II II I I II I Ordinance Number 1459 '.II. 'V · · 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 ~,<,~P , 1993. Voting Aye: Voting Nay: Absent: ;! PASSED AND APPROVED ON SECOND READING, this ~ day of , 1993. II II 'j I I I' II " II II I' II II Voting Aye: Voting Nay: Absent: SIGNED: Bill Watson Mayor ATTEST: APPROVED AS TO FORM: Kaylynn Holloway City Secretary Jim Dougherty City Attorney (SEAL) I. , 20... 8 '~... II \. Ordinance No. 1460 AN ORDINANCE DEDICATING A PARK LOCATED AT THE SOUTHWEST CORNER OF MILTON AND COLLEGE STREETS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. I II I' :l :: !' i WHEREAS, the property located at the southwest corner of Milton and College Streets, in the City of West University Place, was operated as the JMH Supermarket beginning in 1938; and WHEREAS, the JMH Supermarket was a landmark and a center of community activity for many years; and WHEREAS, the City has acquired the property and desires to dedicate tt as a public park; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE TEXAS; Section 1: That the Code of Ordinances of the City of West University Place, Texas is hereby amended by adding thereto a new Section 16-12 which shall read as follows: Sec. 16-12. Park on Milton Street at College Street (a) The property described below is dedicated as a public park. (b) The property is located at the southwest corner of Milton and College Streets. It includes Lots 5, 6, 7,8, and 9 of Block 17 of the College View Third Addition, City of West University Place, Harris County, Texas, but it does not include any existing streets, easements or rights of way. Section 2: All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the confl i ct on ly . Section 3: 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, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4: The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, cL. ~ II ., I II II II II II II ,I II Ii II I' ,I II II II II fi ii II !1 Ordinance Number 1460 considered or acted upon was given in the manner required by the Open Meetings Act, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by lq\'l ,at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such no~ices and the contents and posting thereof. Section 5: This ordinance shall become effective immediately upon adoption and signature. I/PASSED AN.D APPROVED ON FIRST READING, this ~~ay of ~:f , 1993. . Voting Aye: Voting Nay: Absent: ;, Ii ,I Ii 'I Ii II 11 I, II i!1 I II II II !I i i ! PASSED AND APPROVED ON SECOND READING, this ____ day of , 1993. Voting Aye: Voting Nay: Absent: ATTEST: Kaylynn Holloway City Secretary (SEAL) SIGNED: Bi 11 Watson Mayor APPROVED AS TO FORM: Jim Dougherty City Attorney . ., l, 11-' I I ''-------.-' (i' 1 1 I l~ ",.. " :5jrrl ' 22. CITY COUNCIL SPECIAL SESSION AND WORKSHOP THURSDAY, MAy 13, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. The City Council convened in Workshop Session at 7~00 P.M. in the Municipal Building (3800 University Boulevard) on May 13, 1993. Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing were present. The City Manager, City Attorney, Finance Director and City Secretary were also present. CONDUCT ORIENTATION FOR NEWLY ELECTED MAYOR AND COUNCIL MEMBERS: Roles played, rules of procedure and administrative details. The City Council and Staff viewed a Texas Municipal League video for newly elected officials. Mike Tanner, City Manager, gave an overview of how cities operate and explained aspects of the home rule city. He pointed out that a home rule city is restricted by the Constitution of the united States, federal law, the state Constitution and our local city charter. Initiative and referendum was discussed along with charter amendments and the Council/Manager form of city government. The City Council and Staff discussed roles and responsibilites of Council Members. Jim Dougherty, City Attorney, reviewed legal requirements. The City Council must, in accordance with the Open Meetings Act, meet as a body in public forum and take action as a body in a meeting. Action is take~ in the form of motions, resolutions and . ordinances. The Open Meetings Act requires 72 hours posting before the meeting except for a two-hour requirement for emergency items. Closed executive sessions, from which the public is excluded, are authorized under the Open Meetings Act, but this authority is very limited and needs to be strictly adhered to. Standard operating procedures for the City Attorney were discussed and other procedures were reviewed. The following administrative details were also discussed: departmental structure consent agendas approval of expenditures check signatory contracting procedures ~3..e-" ADJOURNMENT: with no further business to come before Council at this time, the meeting adjourned at 11:10 P.M. kAYLYNN ,HOLLOWAY CITY SECRETARY , . 81 LLWATSON' MAYOR 2 r-~.~~ '----- I' I I i L' ,--. I I 1 '---- CITY COUNCIL SPECIAL SESSION AND WORKSHOP MONDAY, MAY 17, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. i'{! 1jrl!~ 24. The City Council convened in Workshop Session at 7:00 P.M. in the Municipal Building (3800 University Boulevard) on May 17, 1993; Mayor Watson presiding, Council Members Fogler, McCandless and Rushing were present. The City Manager, City Attorney, Finance Director, Fire Chief, Consulting Engineer and City Secretary were also present. CONDUCT ORIENTATION FOR NEWLY ELECTED MAYOR AND COunCIL MEMBF.RS! The City Council and Staff discussed critical and pressing issues. Ed Menville, Director of Public Works, reviewed the metro funds and thoroughfare improvements. West University Place has approximately $821,000 available in different grants established by the Metropolitan Transit Authority. Some of these funds will be used for the Bissonnet roadway improvements and for the Weslayan Street project. Mr. Menville discussed the surface water conversion, system improvements and controls. The Harris-Galveston Coastal Subsidence District requires that the City of West University Place convert to 80% surface water by January of 1994. To date, no agreement has been made between the City of Houston and the City of West University Place. The Staff has requested an extent ion of time from the Subsidence District for the conversion to surface water. Mike Tanner, City Manager, stated that there were three basic issues regarding the contract with the City of Houston. The first being the construction of the Weslayan surface water transmission line. The second is the transfer of utility accounts that the City of West University Place has been responsible for but exist in the City of Houston. The third issue is the cost and conditions related to the provision of surface water. Dieter Ufer, Consulting Engineer from Langford Engineering, briefly reviewed the Comprehensive plan for infrastructure improvements. Langford Engineering was authorized to prepare a comprehensive plan which contains the engineering planning studies on water, wastewater, paving and drainage necessary to assist the City in replacement of its infrastructure over the next several decades. The plan also includes project cost estimates for the entire city and a street condition inventory list. !5,.. ... . ,,--,. Council Member Lewis arrived at 8:30 p.m. Mr. Tanner discussed capital improvements authorized by the 1992 bond election. In order to proceed with infrastructure improvements in Priority area GA and 6B, additional bonds will have to be sold. Jim Shaw and Larry Catuzzi, Financial Consultants from Rauscher Pierce Refsnes, Inc;, were at the meeting to discuss the possibility of a 1993 bond sale. Mr. Shaw presented a tentative schedule of events for the sale of the bonds. If followed, the bonds will be sold in late June 1993 and f~nding would be available in October for the construction of Priority area GA. Mayor Watson recessed the workshop session to convene in closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2(e). Ray Viada, Counsel from Sewell and Riggs, and Jim Dougherty, City Attorney were present at the meeting. Consideration was given to matters related to contemplated or pending litigation and settlement offers associated with claims made by InterCity Investment Properties, Inc., Brent Sherrod, George M. Construction Co., landowners near old landfill, Donna Gilbert-Gebhardt, and others. At 10:48 p.m. Mayor Watson reconvened the workshop session. Mr. Dougherty reviewed the negotiations for the purchase of surface water. ADJOURNMENT: With no further business to come before Council at this time, the meeting adjourned at 11:15 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 2 -" 1-r/' 26. CITY COUNCIL WORKSHOP SESSION SATURDAY, MAY 22, 1993 MUNICIPAL BUILDrnG 3800 UNIVERSITY BLVD. 8:00 A.M. The City Council convened in Workshop Session at 8:00 A.M. in the Municipal Building (3800 University Boulevard) on May 22, 1993. Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing were present. The City Manager, Public Works Director, Police Chief, Fire Chief~ Finance Director, Director of Parks and Recreation, Building Official and City Secretary were also present. The City Council and members of the Staff toured the City. Areas visited were the Building Department, Finance and Administration Department, City Manager and City Secretary offices, Fire Station, Police Station, Public Works Center, Public Works Annex and the Wastewater Treatment Plant. At the conclusion of the tour, City Council returned to City Hall for final discussion and adjournment. The workshop session adjourned at 1:00 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 7 · · ~~.. #r" (;/~i;-1/ CITY COUNCIL WORKSHOP SESSION MONDAY, MAY 24, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on May 24, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief, and Parks and Recreation Director were also present. AGENDA REVIEW: Mayor Watson asked the City Secretary to compile a list of local church ministers to deliver the invocation at the regular sessions. The City Council reviewed the items listed on the regular session agenda. MA'ITERS RELATING TO THE COMPREHENSIVE ANNUAL FINANCIAL REPORT: Mayor Watson expressed concern about approving a draft form of the report. Mike Tanner, City Manager reported that the final report wouLd be the same as the draft except the final audit would be a bound, finished document. Council Member Fogler suggested approving the financial report as to substance but not as to form. Chris Taylor, Finance Director, commented that, in reality, there was very little the Council could change on the report. He stated that it was important to approve the audit for the official statement which would be part of the bond sale. Jim Dougherty, City Attorney suggested that the Council should also focus on the management letter which deals with internal control. Mayor Watson. asked if the Council's acceptance of the report was simply that, an acceptance by the Council, not a verification of the numbers included in the report. Mr. Taylor reported that, ultimately, the Staff was responsible for the presentation of the numbers. MA'ITERS RELATING TO THE CHARLO'lTE/LAKE RECONSTRUCTION: Mayor Watson requested that all reports be presented in workshop session and not in the regular session. He expressed concern Cf. · :~. about receiving information for the first time and being expected to make a decision immediately. Mr. Tanner reported that the Staff wanted to give the Council a progress report on the Charlotte/Lake reconstruction and how resident complaints were being addressed. The report would be very positive and no decision would need to be made. MATI'ERS RELATmG TO. THE BOND SALE AND CAPITAL IMPROVEMENTS: Mr. Tanner reported that a bond sale was scheduled for June 28, 1993 and the City Council must decide whether or not to support the expedited capital improvement schedule. Such a schedule permits Priority Area 6A reconstruction to begin in October 1993 and priority Area 68 reconstruction to begin in January 1994. If the City Council desires to support an expedited capital improvement schedule, they must authorize an $11,000,000 bond sale and the design of Priority Area 6B. If the Council desires to support a less expeditious capital improvement schedule that delays Priority Area 68 reconstruction, then a $6,000,000 bond sale must be approved. The design of Priority Area 6A has already been authorized. The City Council must also decide whether or not to authorize rating agency presentations. Council Member Lewis questioned the urgency of the bond sale. She asked if the only advantage to supporting the bond sale now was to give Langford Engineering the immediate authorization to begin design of Priority Area 68. Mr. Tanner reported that the Financial Advisors needed direction on whether to proceed with the scheduled sale of bonds. The sale could be postponed a month without changing the construction schedule. Council Member McCandless supported an expedited capital improvement schedule. He commented that there was a problem in Priority Area 6A and 68 and requested that the Council be aggressive in their action. Council Member Fogler reported that the impact on the tax rate, as far as floating the $11,000,000 now or floating the $6,000,000 now and the $5,000,000 a year and a half from now, was not that great. She felt that it was more palatable to sell the bonds all at once. Council Member Rushing commented that the citizens recently voted to have the bond sale and he felt the Council should proceed. Council Member Lewis requested that before a decision was made on the method of financing the bond sale, she would like the Staff to prepare a comparison of fee increases versus tax increases. 2 '" v r- Mr. Tanner commented that if the Council authorized a trip to New York to make a presentation to the rating agency, the Staff would like to be able to present the City's financial plan. Mayor Watson recessed the workshop session at 7:30 p.m. to convene in regular session. At 9:30 p.m., Mayor Watson reconvened the workshop session with the following present: Mayor Watson presiding; Council Members Fogler, Lewis, McCandless and Rushing. Staff members present were the City Manager, City Secretary, Public Works Director, Finance Director, Police Chief, Fire Chief, Parks and Recreation Director. GOALS AND OBJECTIVES: Council Member Fogler suggested that each member of the Council write down five or more goals and objectives that they would like to achieve over the next two years. The City Council agreed to meet in special session on Monday, May 31 at 6:30 p.m. to discuss goals and objectives and a process to establish them with the Staff. r~. 1 I L Mayor Watson asked that the "Tree Task Force" as presented by Linda Day be placed on the agenda for Monday night also. He suggested that Ness Tesno, the City's Urban Forester, be present at the meeting. ADJOURNMENT : With no further business to come before City Council at this time, a motion was made by Council Member Fogler, seconded by Council Member McCandless that the workshop session adjourn. Such motion carried and the meeting adjourned at 10:10 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 3 tl-f1I1!'fI/' / CU.J. CITY COUNCIL REGULAR SESSION MONDAY, MAY 24, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on May 24, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief, and Parks and Recreation Director were also present. Mayor Watson delivered the invocation and Council Member Fogler led the Pledge of Allegiance. CITIZENS COMMENTS: Mayor Watson invited residents who wished to address the City Council to come forward as their names were called. ~. Dorothy Rieger, a resident at 6516 Brompton, invited the City Council to attend any of the Senior Services Board meetings. She requested that the City Secretary continue to provide the Board with minutes of the City Council meetings. Linda Day, a resident at 4224 Lehigh, introduced other members of the Tree People and recapped their accomplishments since last August. She hoped that the Tree Ordinance could be made more user friendly to the West University Place citizens. Different approaches could be used to gain citizen input to insure that the enforcement and the policies were in sync with the desires of the residents. She suggested better education programs to communicate about the environment. A Tree Board or Environmental Board could be established to provide constructive citizen input for policy review and decision making. Ms. Day requested that the Council appoint members of the Tree People, Ness Tesno and Carol Burke to act as a task force to analyze the current status of the tree ordinance and produce suggested improvements. The findings would be reviewed with city staff before a presentation would be made to the Council. She requested that an article be put in the City Currents to solicit citizen input. Mayor Watson commented that the City Council could consider the formation of the task force at the next meeting. The Tree People could begin studying the tree ordinance until formal action could be taken by the Council. Mayor Watson suggested participation by citizens who were not as closely connected to the tree ordinance so that the City Council and staff could receive a broader spectrum of input. B2 · · Ms. Day felt that involving anyone on the task force other than people with knowledge of the tree ordinance would slow the process because of the education process that would occur. Council Member Lewis asked if a key concern was to avoid the problems of intrepretation and enforcement that were existing with the tree ordinance. Ms. Day replied that there were a lot of residents with individual circumstances and since the ordinance was new, it needed to be fine-tuned. BIDS FOR PLAYGROUND EOUIPMENT: Consideration was given to bids received May 14, 1993 for the purchase of playground equipment to be installed at Whitt Johnson Park. The following bids were received: BIDDER OPTION 1 OPTION 2 Gulf Coast Landscape persenaire Products Hunter Knepshield Thompson Recreation MasterKraft Enterprises Miracle Recreation $10,187 $ 9,000 $ 9,643 $ 8,512 $ 8,490 $ 8,732 $3,080 $2,080 $1,369 $1,680 $1,650 A motion was made by Council Member Rushing, seconded by Council Member McCandless to accept and approve the low bid of $10,140 submitted by MasterKraft Enterprises. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: COMPREHEN'SIVE ANNUAL FINANCIAL REPORT: Consideration was given to the 1992 Comprehensive Annual Financial Report prepared by Null & Associates. Chris Taylor, Director of Finance, introduces the auditors from Null & Associates, Chuck Yaple and John Knox. 2 1_ '" Mr. Yaple, Partner in Charge of the audit, read the auditors I opinion on the financial statements. He commended the City Staf.f for their efforts in compiling the necessary data for the document. The report would be submitted to the Government Finance Office Association for purposes of receiving another Certificate of Excellence Award. Mr. Yaple commented that Null & Associates was presently reviewing a letter to managemeht concerning internal control related items that they noted during the audit process. The letter should be available by the next council meeting. A motion was made by Council Member McCandless, seconded by Council Member Fogler to accept the draft form of the Comprehensive Financial Report prepared by Null & Associates as submitted. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: ~ CHARLOTl'E/LAKE AREA RECONSTRUcrION: Consideration was given to a report on the Charlotte/Lake Area-, Reconstruction and resident complaints. Ed Menville, Director of Public Works and Dieter Ufer, Consulting Engineer from Langford Engineering, presented a report that addressed the reconstruction progress, supervision, inspections and communications in regard to the Charlotte/Lake Area reconstruction project. Mr. Menville presented sketches that detailed the configuration of the sanitary sewer lines, drainage and street paving including curbs and driveways. Mr. Ufer presented a report on the project construction costs, payments made and time of construction. The total project construction cost, as it exists today, is $3,109,892.53. The scheduled date of completion is December 14, 1993. Council Member Rushing asked what provisions were made if the project was not complete in the 330 days alloted. Mr. Ufer replied that the City has provisions in the contract documents to allow a charge for liquidated damages, that being $900 a day.. Mr. Menville reviewed the steps taken in the Charlotte/Lake area 3 J.If .. "''''11 to insure tree preservation during the project. Foster Tree Service was contracted by the City before the project began to identify potential problems and solutions for the protection of trees. The City Attorney left the meeting at 8:55 p.m. BOND SALE AND. CAPITAL IMPROVEMENTS: Consideration was given to a June 28, 1993 Bond Sale and the design of Priority Area 6B capital improvements authorized by the August 8, 1992 Bond Election. Mr. Tanner asked the Council to decide whether or not to expedite Priority Area 6B reconstruction and the authorization to sell $11,000,000 in general obligation bonds. Authorization would also need to be given in order for two members of the Staff and one member of the City Council to travel to New York to give a presentation to the rating agencies. A motion was made by Council Member Rushing, seconded by Council Member McCandless to expedite Priority Area 6B and authorize Langford Engineering to proceed with the design of Priority Area 6B. Council Member Rushing inquired about the amount of time to complete the design of Priority Area 6B. Mr. Ufer replied that 6B was a'very large project and would take approximately six months to design. The plans must be approved by the Texas Water Commission and also reviewed and approved by the local utility companies. Mr. Ufer estimated that Priority Area 6B reconstruction could begin in February or March 1994. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: Mayor Watson asked for a motion to authorize two members of the city staff and one elected official to make a presentation to the bond rating agencies in New York. Council Member Fogler asked if the first motion needed clarification regarding the amount of bonds to be sold on June 28, 1993. Mr. Tanner stated that the amount of bonds to be sold would be approved the night of the sale. 4 [-I l_ Council Member Lewis questioned the purpose of the trip to New York. Jim Shaw, Financial Consultant from Rauscher, Pierce, Refsnes, Inc., replied that the City had several projects in the near future and there were several new members of the Staff that had not been to New York to meet with the rating agencies. Representatives from Moody's Investor Service toured the City of West University Place last Fall. Mr. Shaw stated that the representatives were very surprised because when information about the City is sent to the rating agencies, it is very difficult to give them the impression of what the City is really like, short of them coming to the City or the Staff going to New York and making a presentation. Mr. Shaw commented that he thought a trip, at this time, would be appropriate and helpful. Currently the City has an A1 rating and AA- rating which are not consistent with one another. He hoped that by making the trip to New York, the City could obtain ratings on the same level. Council Member Fogler inquired about the cost of the trip. Mr. Shaw replied that the cost of the trip would be $1,250 to $1,500 per person. Council Member Rushing asked if the main objective of the trip would be simply to get the bond rating improved. He asked if the rating agencies would be able to meet with the Staff on such short. notice. Mr. Shaw felt that the rating agencies would accomodate the Staff anytime they were able to travel to New York. He reported that the rating agencies have a fairly larg~. group and were, generally available on demand. . Mr. Shaw suggested that the Mayor and City Staff visit with the insurance company while they are in New York. With the option given to the underwriters to purchase bonds with insurance versus buying them on their own credit, with the insurance it is possible to get a AAA rating. Mr. Shaw stated that it depends on where the market is as to whether purchasing with insurance is more palpable then without insurance. If the City gets a better rating, then it may be more palpable to sell the bonds with its own rating and without insurance. Mr. Shaw stated that the trip to New York should be looked at as a public relations trip to visit with the rating agencies. It is important to keep the agencies informed about what is going on in the City. Council Member McCandless commented that he thought it would be preferable for the rating agencies to visit the cities they were rating then to have the City staff travel to New York. Mr. Shaw stated that the rating agencies travel to the cities they are rating whenever possible. 5 3.6 · · Council Member McCandless suggested inviting the agencies to visit the City of West University Place before planning the trip to New York. Mr. Shaw agreed to invite the agencies to visit the City but stated that it might be difficult for them to meet the time schedule for the bond sale. Council Member Rushing asked if the City paid to apply for the rating and if it was done annually or at the time of issuance. Mr. Shaw replied that the City pays for a rating when the bonds are sold. Annually, the agencies update their books on every entity they have a rating on. Council Member Fogler commented that she thought now was a good time to go to New York because it was critical that the rating agencies focus on the City right before a decision was to be made. Mayor Watson requested a motion. A motion was made by Council Member Fogler, seconded by Council Member Rushing to invite the bond rating agencies to visit the City of West University Place to view the City but in the event they are unable to do so, then two members of the Staff and one member of the City Council be authorized to make a trip to New York to make a presentation to the rating agencies. Counc,il Member Lewis commented that she wanted to be more secure with a presentation that was going to made in New York in two weeks. She felt that a trip to New York was premature at this time. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler and McCandless Council Member Lewis None Voting Nay: Absent: CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Regular Session conducted on May 10, 1993 1. Motion to confirm and ratify the second and final reading of Ordinance No. 1459 (AN ORDINANCE GRANTING AND CONFIRMING EXEMPTIONS FROM AD YALOREM TAXATION; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . 6 C' r--- I 1 L~ [ il L Cell 2. Motion to confirm and ratify the second and final reading of Ordinance No. 1460 (AN ORDINANCE DEDICATING A PARK LOCATED AT THE SOUTHWEST CORNER OF MILTON AND COLLEGE STREETS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . (b) Workshop Session conducted on May 13, 1993 (c) Special Session and Workshop conducted on May 17, 1993 A motion was made by Council Member Lewis, .seconded by Council Member Rushing to table consideration of Ordinance No. 1459. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: A motion was made by Council Member Rushing, seconded by Council Member McCandless to confirm and ratify the second and final reading of Ordinance No. 1460. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: A motion was made by Council Member Lewis, seconded by Council Member Fogler to approve the minutes of May 10, May 13 and May 17, 1993 as submitted. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: ADJOURNMENT : With no further business to come before the Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Fogler to adjourn the regular session. The regular 7 18. .~~ session adjourned at 9:25 p.m. KAYLYNN HOLLOWAY CITY SECRETARY 6. ~-.-.:.. BILL WATSON MAYOR 8 t'fI 1I /7~ I ~g Q 'I CITY COUNCIL SPECIAL SESSION MONDAY, MAY 31, .1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened- in Special Session in the Municipal Building (3800 University Boulevard) on May 31, 1993, with,the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City'Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief, Parks and Recreation Director, Urban Forester and Jim Shaw and Larry Catuzzi, Financial Advisors from Rauscher, Pierce, Refsnes, Inc. were also present. REGULAR MEETING CHANGE: Consideration was given to the first and final reading of Ordinance No. 1463. Mayor Watson read the caption of Ordinance No. i463 as follows: AN ORDINANCE CHANGING THE REGULAR CITY COUNCIL MEETING DATE FROM JUNE 14, 1993 TO JUNE 21, 1993; AND DECLARING AN EMERGENCY. A motion was made by Council Member Lewis, seconded by Council Member Fogler to adopt Ordinance No. 1463. The motion ~as voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: COOPERATIVE AGREEMENT: Consideration was given to a 1994-1996 Community Development Block Grant (C.D.B.G.) Cooperative Agreement with Harris County. Mike Tanner, City Manager, reported that the City and its . residents (Senior citizens and low to moderate income families who qualify for forms of assistance) can compete for C.D.B.G.' funds through the Urban County Program. West University Place has received $351,000 in the past. The City has neither the demographics nor blight required to compete for C.D.B.G. funds through the State or Small Cities Program. o . . ~'\f' Mr. Tanner commented that he felt the City would receive numerous indirect benefits by supporting Harris County and its C.D.B.G. Program. Failure to approve the cooperative agreement could result in negative publicity and isolation. A motion was made by Council Member McCandless, seconded by Council Member Rushing to approve the cooperative agreement between the City of West University Place and Harris County and that the Mayor be authorized to execute the agreement. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: The City Attorney left the meeting at 7:06 p.m. TFF.'F. TASK FORCE: Consideration was given to the appointment of a tree task force. Mayor Watson stated that Linda Day of the Tree People had submitted a list of suggested residents to appoint to the Tree Task Force. Mayor Watson asked if the City had an ordinance to authorize the Council to approve a task force. Mr. Tanner stated that he thought the task force could be technically approved by motion. A resolution or ordinance was not needed. If the Council desires to create a Tree Board or Environmental Board then an ordinance should be approved to create the board. Council Member Fogler asked if the Task Force was going to meet in the next.thirty to sixty days to offer some amendments to the Tree Ordinance. Ness Tesno, Urban Forestert reported that the Task Force's first priority was to recommend changes and enhancements to the Tree Ordinance and to the policies used to implement it. Their objective was to make the ordinance enforcement more user friendly for homeowners and more effective for builders. The TaskForce also wants to look at related urban forest, environmental and quality-of-life issues. Ms. Tesno reported that there were some problems in the criteria Manual with replacement trees. Council Member Lewis commented that she thought the big problem 2 -r .J. ~ with the Tree Ordinance was public relations. She stated that she was interested in helping with the lack of communication regarding the Ordinance. Council Member Fogler commented that the Urban Forester's job needed to be clarified to the residents. Mr. Tanner suggested that the Council establish a specific deadline for the Tree Task Force to make recommended improvements. He also suggested that, if the Council wished to conduct a resident. survey on the Tree Ordinance, a professional group be contracted by the City to do. A motion was made Council Member Rushing, seconded by Council Member Fogler to accept the recommeI;ldation by Linda Day to organize the Tree Task Force as presented and request a deadline of July 12, 1993 for the Task Force to make their completed presentation to the City Council. The motion was voted on with the following result: Voting,Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Aye: ~ The City Secretary arrived at 8:00 p.m. '---, BOND SALE: Consideration was given to a June 28, 1993 bond sale and methods of finance. Chris Taylor, Finance Director, presented a rate survey conducted on cities similar to West University Place and on market cities which showed their current ad valorem tax rate .and utility rates. A utility bill survey was also conducted to show total water and sewer usage and the fees charged. Mr. Tanner stated that the Staff was asking the Council to make a decision on a method of financing the bond sale. A schedule showing the debt service alternatives and the increases required for the ad valorem tax rate, water bill and sanitary sewer rate was presented. I I l~_ Mr. Tanner reported that the primary advantage of financing the bonds 100% by the ad valorem tax rate was that the increase was tax deductible. This method was used for .the last bond sale. Utility rates were recently raised in January of 1993 and an additional increase is possible in the summer of 1994. 3 ~ 2 · · I -J 11 Council Member Rushing stated that, regardless of which method of finance is used/it was imperative to make citizens aware of the alternatives as quickly as possible. Council Member Lewis stated that she felt the citizens need to be aware of the long range plan of the City not just on an as needed basis. She felt that there had not been any real communication to the citizens in the past. Mr. Tanner asked if the Council wanted to delay the bond sale and consider postponement of construction. Council Member McCandless commented that he did not think the Council wanted to postpone the infrastructure improvements but wanted to give the citizens an indepth understanding of what the City is facing now and in the future. Council Member Rushing suggested informing the citizens through the City Currents. A motion was made by Council Member Rushing, seconded by Council Member Fogler that the debt service generated by the Bond Sale to be held on June'28, 1993 be financed 100% with ad valorem taxes. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: COMMONICATIONS COMMI'ITEE APPOINT.MENTS: Consideration was given to the appointment of members to the Communications Committee. Mayor Watson suggested that Larry Massey and Mike Eason be appointed to the Communications Committee. He reported that Mr. Massey had already made some suggestions to improve the City Currents. Council Member Lewis suggested appointing Mr. Massey as editor of the City Currents instead of Chairman of the Communications Committee. A motion was made by Council Member Rushing, seconded by Council Member McCandless to appoint Larry Massey as interim editor of the City Currents and for him to present objectives and layouts for the City Currents to the Council on June 21, 1993. 4 ..,-'" . , The motion was voted on with the following result: ~~' Voting Nay: Absent: Mayor Watson, Council Members I}.ushing, Fogler, Lewis and McCandless ' None None Voting Aye: GOALS AND OBJECTIVES: The City Council dis~ussed goals, objectives and a process to establish them with the Staff. Council Member Fogler presented her goals and objectives to the City Council. They -included zoning, building regulation, inspection, recycling, communication, parks and campaign reform. Council Member Lewis discussed her goals and objectives which included improving communications, reviewing city policies and procedures, alternative uses for city property, improving existing parks and equipment, developing long range plans, expanding the neighborhood watch program and acquisition of additional city property. The City Council agreed that communication to the citizens was a high priority and also developing a long-term vision for the City. . ADJOURNMENT : With no further business to come before Council at this time, a motion was made by Council Member Rushing, seconded by Council Member Fogler to adjourn. The meeting adjourned at 9:50 p.m. 81 LL WATSON, . MAVOR KAYLYNN HOLLOWAY CITY SECRETARY ~--, 5 ... CITY COUNCIL WORKSHOP SESSION MONDAy, JUNE 21, 1993 MUNICIPAL BUILDmG 3800 UNIVERSITY BLVD. 6:30 P.M. fl/f vf/f3 ~44 The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on June 21, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, and Rushing. The City Manager, City Secretary, City Attorney I Public vlorks Director, Finance Director, Police Chief, Fire Chief, and Parks and Recreation Director were also present. Council Member McCandless was absent. AGENDA . REVIEW: The City Council reviewed the items listed on the regular session agenda. MATI'ERS RELATmG TO THE PUROIASE OF A SEWER MACHINE: Ed Menville, Direct'or of Public Works, explained that the rodding machine was used to clean-out sewer lines. The rodding machine currently being used by the Public Works Department has a gasoline driven motor and must be operated by hand. The new machine will be totally enclosed and more powerful but with numerous safety features. MATI'ERS RELATmG TO FRIENDS OF WUP PARKS FUND EXPENDITURES: Mayor Watson asked if the Friends of West University Place Parks were involved with the recommendation for the expenditure of the funds. Mark Mailes, Director of Parks and Recreation, reported that the Parks and Recreation Board recommends the use of funds raised by the'Friends. The Staff supports the recommendation of the Parks and Recreation Board. They will expedite the purchase of furniture and the construction of the shade arbor upon approval by City Council. BOND SALE: Financial Advisors Larry Catuzzi and Jim Shaw presented a report on the June 28, 1993 bond sale. I~ L Mr. Catuzzi reported that the Official Statement needed to be approved on Monday, June 28 during the Regular Session. The Official Statement is a disclosure document which is offered to the investment community to insure that they know all the material information that is important to make a prudent investment decision. The Offering Statement and Notice of Sale, as presente~, was in preliminary form and would be finalized " . J~ ~:) . . after the bonds were sold. He asked the Council to make any corrections prior to the time of sale. Mr. Catuzzi stated that the documents had been mailed to about 350 potential bidders on the bonds. He hoped to receive at least six bids. Mr. Catuzzi informed the Council that Moody'. s Investor Service had given the .City an upgrade to a AA bond rating. This could mean a better interest rate and could possibly negate the need for insurance. He felt that the bond raters from Moody's recognized the strong financial position of the City, the fund balances and the City's plans for the use of those funds. The raters were impressed by the capital improvement plan that the City has in place and the fact that the City has the capability, both within the rate structure and tax structure, to secure this debt as well as any new debt. Mr. Catuzzi felt that the representatives from Moody's were also impressed with the management of the City. Council Member Rushing stated that he was employed by Merrill Lynch and questioned his involvement if they were to submit a bid. Jim Dougherty, City Attorney, explained that if Council Member Rushing'S firm was competing for the bid, he could not act on the agenda item. CITY CURRENTS Interim Editor Larry Massey presented a report on City Currents and discussed possible changes with the City Council. Mr. Massey suggested having the Mayor's comments on the front page and having the theme of being a community bulletin board. On a rotating basis, he recommended having each Council Member have a column with their comments. He suggested tightening up the crime report located under the "Police Blotter" by using a smaller font and make it more pro-active. The Neighborhood Watch Program and Sentinel Club information should also be included. On the back of the currents, he recommended putting one consolidated calendar with all the activities in the City to be included. At the bottom, dates for future events could be added to allow residents to plan their schedules around the events they wish to attend. Council Member Rushing asked if Mr. Massey had considered adding more space to the City Currents since it is the primary communication vehicle of the City. Mr. Massey commented that increasing the number of pages may be the next step if the residents are really interested. Cost needs to be considered also. 2 ,-rv. Mr. Massey stated that he felt distribution of the City Currents was the number one problem. The City Currents is included in the water bills and residents. receive them at different times. Chris Taylor, Finance Director, suggested expanding the City Currents to eight pages and incorporate the Senior Services information to make one mailing. Mr. Massey requested permission to have more time to explore the different distribution possibilities and cost. The City Council requested Mr. Massey to return during the Regular Session on July 26, 1993 with his recommendations. PARKS AND RECREATION FEE INCREASES: The City Council discussed fee increases recommended by the Parks and Recreation Board. Mark Mailes, Director of Parks and Recreation, stated that the Parks and Recreation Board recommended that the City Council approve an increase ,in fees for all non~resident Colonial Park Pool users. The pool was built with Texas Parks and Wildlife funds through a grant which prohibits the City from restricting non-residents. However, non-residents should be required to pay their fair share. Twenty-five percent of the pool users are non- residents. Increased fees would cover the projected maintenance figures plus contribute towards any non-budgeted expenditures. Mr. Mailes presented the current fee schedule and the proposed fee increases. Mr. Massey requested that the Parks and Recreation Board be permitted to discuss fee increases once more before a decision is made by the Council. Mayor Watson recessed the workshop session at 7:32 p.m. to convene in regular session. At 8:30 p.m., Mayor Watson reconvened the workshop session with the following present: Mayor Watson presiding; Council Members Fogler, Lewis, and Rushing. Staff members present were the City Manager, City Secretary, Public Works Director, Finance Director, Police Chief, Fire Chief and Parks and Recreation Director. APPOINTMENTS TO BOARDS. COMMISSIONS AND COMMITTEES: I' The City Council discussed methods of appointing board, commission and committee members. 3 J-f.. Council Member Fogler suggested that the Council not interview each person interested in serving on the boards and committees. Council Member Lewis suggested that the some of the boards and committees needed to be redefined or dropped. She did not want to go through a lengthy interview process and commented that she felt that anyone who wanted to serve on a board or committee should be allowed to do so unless the numbers are too great. Council Member Fogler suggested that the first step should be to formulate which boards and committees the Council wants with the desired number of members. In that process, the Council should decide what they want the boards and committees to do. She suggested interviewing residents for the State mandated boards such as the Zoning Board of Adjustment which has a certain amount of liability. Mike Tanner, City Manager, reported that he was working with the City Attorney on reorganization for boards, commissions and committees. The Staff wants to make sure that certaip boards could be abolished and their responsibilities transferred to other commissions or committees. Council Member Rushing stated that the Council needed to recruit residents to serve on the boards and commissions. There are residents in the City who will not return the application but if asked to serve would do an outstanding job. He felt that capable people would be left out if the Council did not make a concerted effort to bring in some new faces. Council Member Rushing suggested that the Staff prepare a time- line which included the process of filling the boards and committees positions. He wanted to know which were the most important from a legality standpoint. Council Member Rushing suggested that.the City Council at least interview and direct the Chairperson of each board, commission and committee. The Chairperson should be appointed by the City Council. Council Member Lewis felt that the Chairperson should be selected within the group not by the Council. Council Member Fogler stated that the Council should appoint the Chairperson because she felt that in order to have effective use of the committee system there should be more interface between the Council and the committees. Mayor Watson suggested having a Council contact person for each board, commission and committee to work closely with. Heagreed with Council Member Rushing and Fogler in that he felt the Council should appoint the Chairperson of each organization. 4 l~V .. Mr. Tanner stated that he would present a Staff proposal on reorganization at the next meeting. Council Member Rushing requested that the Council's goals and objectives be on phe next workshop session. ADJOURNMENT : With no further business to come before City Council at this time, a motion was made by Council Member Rushing, seconded by Council Member Fogler that the workshop session adjourn. Such motion carried and the meeting adjourned at 9:00 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY ~ o i 5 ~ 6~)3_ 7/ '49 CITY COUNCIL REGULAR SESSION MONDAY, JUNE 21, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. The City Council convened in Regular Session in the MUhicipal Building (3800 University Boulevard) on June 21, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance' Director, Police Chief, Fire Chief, and Parks and Recreation Director were also present. Reverend Charles E. Blackmon, Jr. of the West University Place Baptist Church delivered the invocation and Council Member Lewis led the Pledge of Allegiance. Council Member McCandless was absent. CITIZENS COMMENTS: Mayor Watson invited residents who wished to address the City Council to corne forward as their names were called. Sol Rodriguez, a resident at 4124 Case, spoke to the Council about the volleyball court at Colonial Park and the parking on Case Street. He reported that cars were parking on both sides of the street and blocking their driveways. He recommended setting a curfew for the use of the volleyball court. He submitted a list of recommended changes for the Council's consideration. John Frank, a resident at 4110 Case, stated that the temporary back stops at Colonial Park were an eye sore. He commented that there did not seem to be a plan for Colonial Park but appeared to be a response to pressure from different groups. Parking was not taken into account when the volleyball courts were moved to Case Street. Mike Tanner, City Manager, stated that he would have the back stops moved immediately. Larry Massey, a member of the Friends of West University Place Park Fund Board, requested that the City Staff remove the orange cones at Colonial Park. It was extremely dangerous to the children playing at the Park because underneath the cones was exposed metal which held the temporary fence. He asked the Council to remove the metal from the ground. Hannah Rodriguez, a resident at 4124 Case, pointed out that the parking on Case Street was also dangerous for the small children in the area. There were so many cars parked on both side$ of the street that the children can not see when there are cars moving. 5 0 · · <<~ ~ Council Member Lewis asked if it would inconvenience residents if Case Street was a one-way street and parking was permitted only on one side of the street. Mr. Frank commented that, in his opinion, one-way streets were sometimes turned into drag strips. He felt that limiting parking to just one side of the street would open up an additional lane and would help improve the situation. Mr. Tanner requested that the Council allow the Staff to confer with the Parks and Recreation Board on the issue. Mayor Watson asked if the Staff could provide any immediate relief for the residents on Case Street regarding the parking. Mr. Tanner replied that the Staff would see what they could do. Steve Griffith, Police Chief, reported that the parking, in general, at Colonial Park was a huge problem on all the streets in the area. Jack Browder, a resident at 4149 Amherst, stated that eight years ago he had corne before the Council to consider allowing the Houston Tenneco Marathon to run through West University Place for the first year of the City wide course. He added that running through West U was one of the highlights of the race. He requested the Council to consider approval of the race corning through West U again in 1994. DavidW. Hannah, Jr. asked for the Council's approval of the 1994 Tenneco Marathon Race to corne through West University Place. He stated that the best compliment, from all around the nation, with regard to this event, was the great hospitality of the citizens here. The Marathon force pledged to work with all of the officials and the various departments of the City to try to do anything that would alleviate any problems that would come up. The aim was to put on a good civic event to generate a sense of community. Buddy Bell, a resident at 4038 Swarthmore, stated that he had been nominated to be Keeper of the Grounds at West University Place Elementary. He requested that the Council allow the City Staff to help him with some suggestions or cost estimates to repair the streets, curbs, sidewalks, storm sewer and drainage in front of the school. He planned to raise money through private donations to help with the repairs. He reported that parts of the playground were very dark at night and he wants to put some lights in the area. Mr. Bell presented the Council with some pictures that were taken of the streets and storm sewer inlets that were in need of re~air. Mr. Bell suggested that for the 1994 Tenneco Marathon the Council and Staff should have a breakfast or a city wide celebration. 2 :.J~. Mr. Bell stated that he lived close to Colonial Park and had ~ heard foul language corning from the younger groups at the Park. He also felt that the sign ,at the Park should be removed. Mayor Watson suggested that Mr. Bell submit a written proposal for his request. 1994 TENNECO MARATHON: Consideration was given to the 1994 Tenneco Marathon scheduled to be run Sunday, January 16, 1994. A motion was made by Council Member Rushing, seconded by Council Member Fogler that the 1994 Tenneco Marathon to be held on January 16, 1994 be allowed to come through West University Place. Council Member Rushing asked if there was any direct expense that the City incurs in regard to the Tenneco Marathon race. Mr. Tanner reported that there is a very limited expense. The H.P.D. is responsible for on-street supervision. The City normally cleans the streets in advance and the City's E.M.S. is available if there is a problem. .----.-, Council Member Rushing asked if it would be appropriate for the City ,to spend a modest amount of city funds to aid in the promotion of the Tenneco Marathon. Mr. Tanner stated that the Staff could present information about the breakfast that is held every year and also a report that details what the City is required to do. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler and Lewis None Council Member McCandless Voting Nay: Absent: BIDS FOR THE PURCHASE OF A SEWER RODDING MACHINE: Consideration was given to bids received June 8, 1993 for the purchase of a sewer rodding machine for the Utilities Division of the Public Works Department. The following bids were received: Bidder Bid :--' Sreco-Plexible $12,500.00 3 i 2 ..' ~ Naylor Supply $14,431.00 The Staff recommended the low bid of $12,500 submitted by Sreco- Flexible. The amount bid is $500 under budget. A motion was made by Council Member Lewis, seconded by Council Member Rushing to accept the low bid of $12,500 submitted by Sreco-Flexible for a sewer rodding machine. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler and Lewis None Council Member McCandless -Voting Nay: Absent: FRIENDS OF WEST - UNIVERSITY PLACE PARKS FpND EXPF.NnTTrmF.~: Consideration' was given to expenditures of the Friends of West University Parks Fund Board of Directors. A motion was made by Council Member Fogler, seconded by Council Member Lewis to approve the request of the Parks and Recreation Board for the expenditure of $8,475, a portion to be used for lounge and deck chairs and the other portion for the construction of a shade arbor over the wading pool at Colonial Park. Council Member Lewis asked Mark Mailes, Director of Parks and Recreation, how the amount of $4,500 for tables and chairs was derived. Mr. Mailes reported that his department tried to match the furniture that is currently at Colonial Park. He obtained numerous catalogs and talked to different vendors to get the best price quote. Council Member Fogler inquired about the cost of the shade arbor. Mr. Mailes reported that the Staff contacted Kurtin-Keiser & Associates, who built the new deck at Colonial Park, because they wanted the arbor to look the same. Kurtin-Keiser also did an excellent job of protecting the trees and working with the Staff. Council Member Lewis commented for the record that this was not money that was coming out of the City'S budget but was funds raised by the Friends of West University Place Parks Board. Council Member Rushing inquired about the requirement to obtain competitive bids for the purchases. Mr. Tanner reported that if the purchase was for $5,000 or more, then bids would have been , obtained. .' 4 U~ -. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler arid Lewis None Council Member McCandless CITY' COUNCIL MEETlliG MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted on May 22, 1993 (b) Regular'Session and Workshop Session conducted on May 24, 1993 (c) Special Session conducted on May 31, 1993 Council Member Fogler stated that she had given the City Secretary a few typing corrections which should be incorporated in the minutes. A motion was made by Council Member Fogler, seconded by Council Member Rushing to approve the City Council minutes conducted on May 22, May 24 and May 31, 1993. The motion was voted on with the following result: ~. Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler and Lewis None Council Member McCandless Voting Aye: COUNCIL 9QMMENTS: Mayor Watson commented that the City Staff and Larry Catuzzi from Rauscher Pierce Refsnes, Inc. did an outstanding job in their presentation to the bond raters in New York, as evidence by the results that the City received. ADJOURNMENT : With no further business to come before the Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Fogler to adjourn the regular session. The regular session adjourned at 8:20 p.m~ BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 5 '---- -\' [ CITY COUNCIL WORKSHOP SESSION MONDAY, JUNE 28, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. t'ff ' 11 ;J 1!4~ 64. The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on June 28, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief, and Parks and Recreation Director were also present. Council Member McCandless was absent. AGENDA REVIEW: The City Council reviewed the items listed on the regular session agenda. MATTERS RELATING TO THE RECONSTRUcrION OF UTILITY DIVISION GARAGE : Ed Menville, Director of Public Works, explained the various modifications planned for the Utility Division garage. He explained that additional structural supports will be installed in the bays to strengthen the rear wall of the facility, bricks in the outside wall of the bays will be replaced, a concrete column will be reinforced, all rainwater downspouts will be repaired and all fluorescent lighting in the three bays will be replaced. Once the reconstruction is complete, the three bays will be pressure cleaned and the lower portion of the wall repainted. Mr. Menville stated that the main purpose of the repairs is for safety and to improve the appearance of the facility. Mr. Menville reported that Hummel Construction submitted the low bid in the amount of $17,535.43. The contractor visited the sight and was satisfied with his bid. Council Member Lewis stated that she was interested in knowing what would be the feasibility of using the Wakeforest property in a way to better serve the City. She felt that the most logical use was to move the Public Works Department to that site. She stated that if this move was viable then she would be against any expenditures for improvements of the present Public Works . Department. She suggested that the land at the current Public Works Center be converted to greenspace or something more attractive for the center of West University Place. Mike Tanner, City Manager, reported that the previous City i5 .. 1 Council and Staff reviewed the Public Works Center and alternatives to a central public works site. The decision was made that the Public Works Center should remain where it is presently located. The City has a master plan for the full development and improvement of the site. Mr. Tanner stated that there are elements in the Public Works Center that can never be moved such as the water plant and the ground storage tanks. Control was also an issue because the present site was believed to be the most effective and efficient site. The Wakeforest site is located in the City of Houston and security could be a problem. Mr. Tanner commented that he would like to give the City Council a presentation on the master plan for the redevelopment of the Public Works Center. The previous City Council accepted the master plan but there was never a method for financing and implementing the plan. Council Member Rushing asked if any other improvements for the Public Works Center were budgeted for this year. Mr. Menville reported that the bid received for the reconstruction of the garage was $10,000 under budget but no definite plans had been made for the remaining money. Mr. Menville reported that the Wakeforest property is currently being used for recycling and also contractors have been permitted, in the past, to use the land as a storage site. MATTERS RELATED TO ORDINANCE NO. 1459: Council Member Lewis inquired as to what percentage of the total tax .role would be lost with the increase in the Homestead Exemption. Chris Taylor, Finance Director, reported that in real dollars, with the current exemption of $42,850, there is a value loss of 46,363,000. If the exemption is increased to $72;850, there will be an additional losso~ $32,460,000 off the role. The total values loss due to the Homestead Exemption will be $78,800,000. In tax dollars, with the current tax rate of $.375, the City lost $175,000 in tax revenue. If the Homestead Exemption is increased to 72,850, at a tax rate of $.375, loss in tax revenue will be $300,000. Mr. Taylor reported that if the Council wished to confirm and ratify the second reading of Ordinance No. 1459, increasing the Homestead Exemption, then he would need to send a copy to the Harris County Appraisal District as soon as possible. Mayor Watson stated that the City Attorney had determined that a "means test" could not be used, that is restricting the exemption to Senior Citizens who have a limited amount of income. Mayor Watson commented that most of the Senior Citizens believed the 2 !)6. increase in the Homestead Exemption was already in effect. ~ Council Member Lewis commented that she is not comfortable with the increase in lost revenues. She stated that she is not against giving the Senior Citizens an increase in the homestead exemption but felt that a 70% increase is too high. Council Member Rushing commented that most of the current administration, during their campaign for office, made a promise to the Senior Citizens to at least address the issue of an increase in the exemption. He stated that he did not believe there is enough money involved to impact budget decisions. MATTERS RELATING TO ORDntANCE AUTHORIZrnG BOND' ISSUE: Mayor Watson commented that he was having second thoughts about taking one section of the City at a time and doing the complete reconstruction. He asked how many of the sanitary sewer lines and water lines in the City could be installed for the $11,000,000 bond proceeds. Mr. Tanner explained that the Council may possibly have problems utilizing these particular bond proceeds when the funds were already designated for a specific program. ,---.... Council Member Rushing asked Mayor Watson if he thought, since sewer in particular is the main problem in the City, the Council ,~ should designate the bond proceeds to first replace all of the sewer lines instead of reconstructing an entire section of the City. Mayor Watson reported that the City had another sewer line failure on Georgetown and Rutgers which had to be repaired. Council Member Fogler stated that she had spoken to Deter Ufer, Consulting Engineer, about the Capital Improvement Plan. Mr. Ufer felt very strongly about tearing up the stree.ts twice. The City would be spending the dollars twice. Council Member Lewis agreed that replacing the sewer lines is the most important part of the infrastructure improvements but commented she was concerned for the residents having to go through. construction on their street twice. Mr. Me!llville reported that in the next priority areas, not every street will need to be replaced. By splitting the project, the City will be putting off water line work that needs to be done and delaying improvements to the storm sewer system. He stated r- that he felt it would be more cost effective to combine the project. The Comprehensive Capital Improvement Plan is driven by the need for sewer in the City. 3 )(.. i MA'ITERS RELATING TO PARK AND GROUND MAINTENANCE: Mr. Tanner reported that the low bid in the amount of $22,502 was submitted by Landscape Professionals of Texas for park, ground and right~of-way maintenance. Landscape Professionals of Texas is an area firm who did the installation.of shrubs and trees at the Milton Street Park, Mayor Watson stated that several residents expressed a concern about the landscape companies sending a different crew each week to maintain the grounds. They felt safer when city employees did the work. Mr. Tanner reported that it would cost the City significantly more money to have City employees maintain the grounds. The City could not sustain the mowing schedules. Mayor Watson recessed the workshop session at 7:28 p.m. to convene in regular session. At 9:10 p.m., Mayor Watson reconvened the workshop session with the following present: Mayor Watson presiding; council Members Fogler, Lewis, and Rushing. Staff members present were the City Manager, City Secretary, Public Works Director, Finance Director, Police Chief, Fire Chief and Parks and Recreation Director. Council Member Stan McCandless was absent. MANAGEMENT L.I:!; l'l'.!ill<. : The City Council discussed a management letter prepared by Null & Associates. Mr. Taylor stated that the management letter prepared by the City's Auditors was a narrative of internal control issues that they thought should be brought to the attention of the Mayor and Council and the_City Staff. The first item noted by Null & Associates is arbitrage rebate liability. Mr. Taylor stated that the arbitrage rebate liability relates to the City's 1988 Bond Sale. The City is required to segregate the funds and have a very disciplined tracking system in place. This was not established in 1988. Mr. Taylor reported that the accounting for the recent bond issues and any future issues will be done in a manner that provides the necessary information in a more accessible format. The last item noted is cash receipts and relates to tax payments received during the last few days of December and January. Mr. Taylor stated that due to the extremely large number of paYments during these two periods, it has been difficult to process the paYments on the same day received. The Finance Department has a 4 !)~~. plan in place for Fiscal Year 1993 that will alleviate the problem. ORDINANCE CODIFICATION: The City Council considered in-house codification of the City's ordinances. Kay Holloway, City Secretary, explained the process by which the ordinances are sent to Municipal Code Corporation for codification and returned to the City in supplement form. With new ordinances and amendments being ~pproved regularly by the City Council, updating the city's Code can be a continuous and costly process. It can also be extremely time-consuming. The supplements can take up to seven months to receive and significant errors are sometimes found. ,----... Ms. Holloway stated that in an effort to reduce expenses and maintain control she and the City Attorney were recommending in- house coding. The current Code of Ordinances Book will be scanned in the Word Perfect Word Processing Program. This will allow for preparation of city code supplements in-house and provide continuous updating of the Code in a cost effective manner. Compilation, formatting and editing will be done by the City Attorney and City Secretary. The annual expense will be in printing and binding costs~ Ms. Holloway recommended producing a soft-bound book instead of supplements. She suggested that the City print extra copies and sell them to recover part of the cost of compilation. Council Member Rushing expressed concern about the amount of time it would take for the City Secretary to maintain the in-house coding. He also felt that consideration should be given to the amount of attorney fees that the City is expending. Council Member Lewis stated that she thought it would be the start-up process that would be difficult and time-consuming. The maintenance of the program should be fairly simple. She suggested using a temporary employee to maintain the word processing program. Mr. Tanner stated that the cost savings related to the number of ordinances the City Council enacts and amends. In some years, the City may see a significant amount of legislation and in other years, there may not be very much. Council Member Fogler commented that if the coding is done in- house, the ordinances and amendments can be maintained on a regular basis instead of at the end of the year. 5 9 .. .~ Larry Massey, Interim Editor of the City Currents, spoke in favor of the in-house coding. No action was taken on this agenda item at this time, the City Council agreed to further consider in-house coding at the next regular session. REORGANIZATION OF BOARDS, COMMISSIONS AND COMMITI'EES: The City Council discussed the reorganization of boards, commissions and committees. Mr. Tanner submitted a proposal to the City Council for the reorganization of boards, commissions and committees. The following changes were recommended: Abolishing the Health Board and transferring its responsibilities to the Medical Director, Abolishing the Electrical, Plumbing and Gas Board and transferring its responsibilities to the Building and Standards Commission, Increasing the number of members in the Communications Committee and the Zoning and Planning Commission, Reducing the number of members in the Parks and Recreation Board and Senior Services Board, Create an Environmental Issues Board to conduct studies and recommendations to improve recycling, tree preservation, water conservation, visual enhancement projects and community education. The Recycling Committee should be abolished and its responsibilities transferred to the Environmental Board. Mr. Tanner reported that there were a significant number of Boards that have not met on a regular basis. These were the Boards that he recommended be abolished. Mayor Watson stated that if the Environmental Board was subdivided into different areas, the number of members would be more. than nine. Council Member Lewis commented that the Communications Committee would probably need more than nine members also. Council Member Fogler suggested having a Public Relations Committee which could possibly be a subdivision of the Communications Committee. Mr. Tanner discussed the creation of the Environmental Issues Committee. He suggested that administrative appeals relating to trees should continue to be handled by the Building & Standards Commission. Council Member Rushing stated that he agreed with the City Manager's recommendation to combine some of the Boards but was reluctant to reduce the size. He commented that most of the Council Members were in favor of expanding citizen involvement. 6 e v -;~ Mr. Tanner stated that the council had discussed maintaining the Strategic Action Committee but they could also appoint task forces or ad hoc committees as needed. Mr. Tanner reported that he had not addressed a Long Range Planning Committee because the Zoning and Planning Commission is specifically charged with that responsibility. Mayor Watson suggested that a Long Range Planning Committee could be studying the infrastructure improvements and possibly the feasibility of purchasing theY.M.C.A. Council Member Fogler stated that she felt the City Council should be the Long Range Planners. The City Council was elected to be the policy makers and to make decisions concerning the future of West University Place. Mayor Watson suggested that the City needed someone who had the time to go out and study a specific problem. Mr. Massey commented that he thought the City Manager's recommendations were good but felt it was a partial proposed organization and not a complete one. He reported that he had met a number of residents who wanted to study the "Teen Issue" in the City. He stated that as residents discover they have a common problem or task, then more committees or task forces could be formed. ~. APPOrnTMENTS TO BOARDS,. COMMISSIONS AND COMMITTEES: The City Council discussed the appointment of board, commission and committee members. Mr. Tanner recommended that all terms begin September 1, 1993 which would give the City Council time to interview, organize and agree on appointments. The City Council requested that the City Secretary put an article in "The Newspaper" to seek volunteers for the various boards and committees. A deadline of July 15 would be set for applying. The City Council agreed to interview all interested applicants for the Zoning and Planning Commission, Zoning Board of Adjustments and the Building and Standards Commission. They would also interview individual applicants to serve as Chairperson of the Boards, Commissions and Committees. The City Council agreed to meet on Saturday, July 17 for interviewing applicants. 7 11 . · '~. MISSION STATEMENT, GOALS AND OBJECTIVES: Due to the late hour, the City Council agreed to table the discussion of goals and objectives until the next workshop session. ADJOURNMENT : With no further business to come before City Council at this time, a motion was made by Council Member 'Lewis, seconded by Council Member Rushing that the workshop session adjourn. The meeting adjourned at 10:25 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 8 CITY COUNCIL REGULAR SESSION MONDAY, JUNE 28, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. tIfT 1/ryr1/ ,62 · 'I! / . The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on June 28, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief, and Parks and Recreation Director were also present. Dr. Douglas Caldwell, Senior Pastor of the West University Place United Methodist Church delivered the invocation and Council Member Rushing led the Pledge of Allegiance. Council Member McCandless was absent. CITIZENS COMMENTS: Mayor Watson invited residents who wished to address the City Council to corne forward as their names were called. Linda Treece, a resident at 2919 Big Springs in Kingwood, reported that her son and two other individuals had been arrested by the West University Police for providing alcohol to minors. One of the other boys admitted that he had bought the alcohol. She complained that her son was retained for an unnecessary amount of time because the papers had not been given to the Chief Prosecutor so the charges could be dropped. She 'felt this was an injustice and wanted the Council to prevent this from happening to someone else. Mayor Watson told Mrs. Treece that the Police Chief and the City Staff would investigate the situation. Mark Chapman, a resident at 4102 University, complained about the number of stop signs in the City. Specifically, he named the stop sign at Coleridge and Academy, Byron and Academy and Academy and Riley. The stop sign placement is controlled by the Police Department in West University. He requested that the City Council ask the Public Works Department what their recommendation would be regarding stop signs. Susan Butler, a resident at 4119 Oberlin, spoke in opposition to the increase in the Over 65, Homestead Exemption. She stated that the increase was simply warranted because of age not because of proven financial inability, physical handicap or mehtal handicap. She asked the Council to take into consideration what the average age will be,in the next ten years. She felt that an exemption of $72,850 was excessive. 3 · · Charles Gillan, a resident.at 3620 Georgetown, opposed the increase in the Senior Citizen exemption. He felt that it was one-sided and unfair. He reported that the City is already spending approximately $389,000 a year on the Senior program. If an increase in the exemption is approved the program will cost $500,000 a year. 1993 HOMETOWN HEROES: Consideration was given to a presentation given by Warner Cable concerning the 1993 Hometown Heroes program. Pam Thorne, Vice President of Government Community Affairs for Warner Cable, asked the Council and citizens to participate in their 1993 Hometown Heroes Program. The program will salute the work of local residents who have made a positive impact on the lives of children in their community. The purpose is to honor one Hometown Hero from each of the fifteen franchise communities that Warner Cable services in the Houston Metropolitan area. Nomination forms will be collected through July 16. Ms. Thorne encouraged the Council to submit their nominations. ORDINANCE AUTHORIZING BOND ISSUE: Consideration was given to the first and final reading of Ordinance No. 1464. Larry Catuzzi and Jim Shaw from Rauscher, Pierce, Refsnes, Inc., were present at the meeting as the City'S Financial Advisors. Mr. Catuzzi stated that six bids had been submitted. There are approximately thirty firms who are represented within those bids. Mr. Catuzzi gave the City a good faith check which serves as a check on behalf of all the bids received, so that each individual bid did not have to provide a good faith check. He asked the City Secretary to hold the check until the closing. Mr. Catuzzi reported that the rating from the Standards & Poors was received last Friday. Standards & Poors confirmed the AA- rating that West University Place had before. Mr. Catuzzi stated that there is a credit report published which indicates a very satisfactory view of the City. Any negative impact from the credit report was a result of some of the debt that Harris County and other overlapping entities have. Mr. Catuzzi reported that the City received their insurance qualifications from three firms. The impact of the City being upgraded to a AA from Moody's rating agency had a significant impact on the premium with which the insurers provided. Mr. Catuzzi stated that it was the lowest that he had seen in a long 2 54. time. The lowest was twenty-five basis points of the total debt service. The insurance will provide a AAA rating. Mr. Catuzzi stated that the bids provided for a 2% coupon spread which means the highest and the lowest coupon or the interest rate can not exceed a 2% spread. The following bids were received: BIDDER NET EFFECTIVE INTEREST RATE Nations Bane Capital Markets, Inc. and Texas Commerce Bank 5.437398% with insurance Griffin, Kubik, Stephens & Thompson, Inc. 5.5215% without insurance First Southwest Company Stephens, Inc. 5.49978 with insurance Southwest Securities, Inc. 5.419313 without insurance Barre & Company, Bank One Capital, Morgan Keegan, Crews & Associates GSC Securities Group Northern Trust Company and Cowen & Company 5.39707 without insurance Rauscher pierce Refsnes, Inc. & Associates 5.473515 with insurance Mr. Catuzzi stated that he and Mr. Shaw would leave the Council meeting to check the bids to be sure they met the conditions of sale and would return in a few minutes with a recommendation. Frank McCreery, an attorney with the law firm of Vinson & Elkins, reviewed Ordinance No. 1464 with members of the City Council. Mr. Catuzzi and Mr. Shaw returned to the stated that all the bids were consistent they were given at the time of bidding~ submitted by Barre & Company. Mr. Shaw coupon rates from Barre & Company: meeting. Mr. Shaw with the requirements The low bid was read the following 3 15 · · FEBRUARY 1 MATURITY INTEREST,RATE 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 7.10 7.10 7.10 7.10 7.10 7.10 7.10 7.10 7.10 5.25 5.10 5.15 5.25 5.30 5.35 5.25 5.25 5.25 5.25 Total Interest Cost Less: Premium Net Interest Cost Effective Interest Rate $8,669,128.89 952.00 $8,668,176.89 5.39707% Mr. Shaw stated that the bid submitted from Barre & Company was excellent and recommended that the City Council accept the bid. Mayor Watson read the caption of Ordinance No. 1464 as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $11,000,000 CITY OF WEST UNIVERSITY PLACE, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1993 Copies of Ordinance No. 1464, in the form required for adoption, were available to all members of the Council. Council Member Rushing is employed by Merrill Lynch and filed an "Affidavit Regarding Substantial Intere.st in Business Entity" with the City Secretary prior to a motion being made. Council Member Rushing stated that he would abstain from voting. A motion was made by Council Member Fogler, seconded by Council Member Lewis to adopt Ordinance No. 1464, on the first and final reading, authorizing the issuance of $11,000,000 in City of West University Place permanent improvement bonds . 4 6t>~. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Fogler arid Lewis None Council Member Rushing Council Member McCandless Voting Nay: Abstain: Absent: BIDS FOR PARK. GROuNDS AND RIGHT-OF-WAY MAINTENANCE: consideration was given to' bids received June 18, 1993 for park, grounds and right-of-way maintenance. Mark Mailes, Director of Parks and Recreation, reported that sealed bids for ground maintenance were received and opened. The landscape maintenance contract includes all the parks, right-of- ways and city facilities. The following bids were received: BIDDER BID [ Landscape Professionals of Texas Davey Tree and Lawn Company Landkeepers Sent~rra Development Gulf Coast Landscape Services $22,502.00 $23,273.00 $36,517.40 $46,499.97 $71,875.00 A motion was made by Council Member Rushing, seconded by Council Member Fogler to accept the low bid of $22,502.00 received from Landscape Professionals of Texas for parks and grounds maintenance. The motion was voted on with the following result: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler and Lewis None Council Member McCandless Voting Aye: BIDS FOR RECONSTRUCIION OF UTILITY DIVISION GARAGE: Consideration was given to the reconstruction of a Utility Division garage in the Public Works Center at 3825 Milton. ~ Ed Menville, Director of Public Works, reviewed the plans for improvements of the Public W.orks facilities. The bids received were for work to be performed on three open bays in the Utility Division garage. The reconstruction wotild include additional I l_ 5 ) 7 · ..~ ~: structural supports to the bays and a concrete column, replacement of bricks on the outside wall and repair of rainwater downspouts. The following bids were received: BIDDER BID Hummel Construction S.C.1. $17,535.43 $31,701.00 A motion was made by Council Member Lewis, seconded by Council Member Rushing to accept the low bid of $17,535.43 submitted by Hummel Construction for reconstruction of the Utility Division Garage. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler and Lewis None Council Member McCandless Voting Nay: Absent: CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: a) Regular Session conducted on May 10, 1993 1. Motion to confirm and ratify the second and final reading of Ordinance No. 1459 (AN ORDINANCE GRANTING AND CONFIRMING EXEMPTIONS FROM AD VALOREM TAXATION; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . (b) Workshop Session conducted on June 21, 1993 (c) Regular Session conducted on June 21, 1993 Mayor Watson stated that a question has arisen on whether the second vote taken by the prior City Council on Ordinance No. 1459 is valid. The City Attorney has asked the City Council to ratify and confirm the second reading of Ordinance No. 1459. Mayor Watson read the caption of Ordinance No. 1459 as follows: 6 [ I n '68. AN ORDINANCE GRANTING AND CONFIRMING EXEMPTIONS FROM AD VALOREM TAXATION; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1459, in the form required for adoption, were available to all members of the Council. A motion was made by Council Member Rushing, seconded by Council Member Fogler to accept the City Council meeting minutes of May 10, 1993 which contains ratification and confirmation of the second and final reading of Ordinance No. 1459. Council Member Lewis asked if the City Council approved the minutes of the May 10, 1993 meeting, then does it mean that the Council supports the increase in the ad valorem tax increase for Senior Citizens. Mayor Watson responded affirmatively. Council Member Rushing st~ted, for the record, that the City Council had discussed the ability to apply need or means to the increase in the tax exemption. He reported that they were advised by counsel that it is against the law to apply need in order to receive the exemption. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing and Fogler Council Member Lewis Council Member McCandless Voting Nay: Absent: Council Member Lewis commented that she was not voting against a tax exemption for the Senior Citizens. She stated that she was uncomfortable with the amount of the increase in the exemption at this time. A motion was made by Council Member Rushing, seconded by Council Member Fogler to approve the minutes of the Workshop and Regular Session on June 21, 1993. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler and Lewis None Council Member McCandless Voting Nay: Absent: 7 69 · · ~. COUNCIL COMMENTS: Council Member Fogler commended Larry Catuzzi, Jim Shaw, City Staff and Mayor Watson on the good job they did with the bond sale and the bond rating trip to New York. Council Member Rushing commented that he was still not totally convinced that a means test could not be applied to the Senior Citizen exemption. Council Member Lewis asked those in attendance at the Council meeting to encourage their friends and neighbors to attend the Council meetings. ADJOURNMENT : With no further business to come before the Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Fogler to adjourn the regular session. The regular session adjourned at 8:55 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 8 VI / '1/~/f3 rlo I CITY COUNCIL WORKSHOP SESSION MONDAY, JULY 12, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Workshop Sess.ion in the Municipal Building (3800 University Boulevard) on July 12, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chie'f ,and Parks and Recreation Director were also present. Buddy Bell, a resident at 4038 Swarthmore, spoke to the City Council about the grounds at the West University Place Elementary School. He asked the Council to consider funding the street, curbs, sidewalks, storm sewer and drainage repairs in the area around the school. He presented cost estimates for the repairs. The cost would be approximately $124,000 which did not include lights in the area. Mr. Bell reported that he would ask Harris County for help with funding for the street lighting. Mayor Watson asked Mr. Bell to state his request in writing so that the Staff could place it on the agenda for consideration. AGENDA REVIEW: The City Council reviewed the items listed on the regular session agenda. MATI'ERSRELATED TO 'FmE PA'YMENTAND WARRANTEL~TION: Mike Tanner, City Manager, reported that engaging an outside group to collect ou.tstanding warrants was the only way to address the warrant backlog. He stated that he believed it would be very dangerous to send the City's Police Officers to different parts of Houston to collect warrants. Council Member Rushing asked if Municipal Service Bureau was used by other cities and if they had given references to the City Staff. Chris Taylor, Finance Director, reported that the City of Katy and the City of Beaumont engaged Municipal Service Bureau and had recommended the firm. Council Member Lewis asked Mr. Taylor what percentage of the backlog he expected to collect if Municipal Service Bureau was engaged by the City. Mr. Taylor reported that the City could expect to collect 25% to 30% of the outstanding warrants. '1 ". . ... " Council Member Rushing asked why Municipal Service Bureau had not been engaged previously by the City. Mr. Tanner reported that it was proposed in the last two years but the former City Council did not have an interest in an outside collection firm at that time. MATrERSRELATING TO RESOLUTION NO. 93-08 AND USE OF MF.TRO 1i'I'Th1n~. Council Member Fogler inquired about the Rice Boulevard General Mobility Project. Mr. Tanner reported that a few years ago the City had been informed by Metro that funds would be made available for a general mobility project. At that time, the City made a decision to overlay Rice Boulevard and replace curb sections. The City Staff has since determined that the work on Rice Boulevard would be more cosmetic and would like to cancel the project. The Staff would like to request that Metro transfer the $215,000 appropriated to the Rice Boulevard Mobility Project to Phase 1 of the Weslayan Street reconstruction. Mr. Tanner stated that the City was also requesting that Metro designate Weslayan Street between Bissonriet and Bellaire as a full capital project. The City is requesting a grant for one half of its reconstruction. Mayor Watson commented that the City mayor may not receive the grant because Metro did not like to give grants for a two lane street. MATI'ERS RELATING TO, A URBAN AND COMMONITY FORESTRY aRANT! Mr. Tanner reported that last year the City received a $10,000 America the Beautiful grant. The grant is now called the Urban and Community Forestry Challenge Grant and will be submitted to the Texas Forest Service if the City Council approves Resolution No. 93-09. The grant helps to support the emploYment of an Urban Forester. Mr. Tanner reported that the City also generates between $2,000 and $3,000 a month in permits and tree disposition plans. The City will recover most of its cost for the emploYment of the Urban Forester. Mayor Watson recessed the workshop session at 7:25 p.m. to convene in regular session. At 8:55 p.m., Mayor Watson reconvened the workshop session with the following present: Mayor Watson presiding; Council Members Fogler, Lewis, McCandless and Rushing. Staff members present were the City Manager, City Secretary, Public Works Director, 2 , ~ . " Finance Director, Police Chief, Fire Chief and Parks and Recreation Director. MISSION STATEMENT, GOALS AND OBJECTIVES: The City Council discussed a mission statement, goals and objectives. The following goals and objectives were considered: Promote citizen involvement through special events and activities Develop and implement a public information program Study density and character development Amend the City Charter Develop and implement capital improvement program Network with relevant others Simplify city government, rules and regulations Promote customer service The City Council asked that the Staff develop a draft for the Council's consideration of the above goals and objectives and incorporate strategies and actions to obtain these goals. REORGANIZATION OF BOARDS, COMMISSIONS, AND COMMITTEES: The City Council discussed the reorganization of boards, commissions and committees. The City Council agreed to abolish the Health Board and its responsibilities transferred to the Medical Director. The Plumbing and Gas Board and Electrical Board will be abolished and its re~ponsibilities transferred to the Building and Standards commission. The City Council discussed the reorganization of the Communication Commi;ttee and the formation of the Environmental Issues Board. APPOINTMENTS TO BOARDS , COMMISSIONS AND COMMITTEES: The City Council discussed the appointment of board, commission and committee members. The City Council asked the City Secretary to contact residents who submitted an application to set up interviews for Saturday, July 17 and Monday, July 19. ADJOURNMENT : With no further business to corne before City Council at this 3 8 .'~II:. time, a motion was made by Council Member Lewis, seconded by Council Member Rushing that the workshop session adjourn. The meeting adjourned at 10:25 p.m. KAYLYNN HOLLOWAY CITY SECRETARY SI LL WATSON MAYOR 4 -If '7 /~/~ tF 4 · CITY COUNCIL REGULAR SESSION MONDAY, JULY 12, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on July 12, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief, Parks and Recreation Director and Urban Forester were also present. Mayor Watson delivered the invocation and Council Member McCandless led the Pledge of Allegiance. CITIZENS COMMENTS: Mayor Watson invited residents who wished to address the City Council to corne forward as their names were called. Dorothy Rieger, a resident at 6516 Brompton, inquired about the Ordinance increasing the Homestead Exemption for senior citizens. She asked if the Ordinance had been adopted. Mayor Watson informed Mrs. Rieger that the second and final reading of Ordinance No. 2459, increasing the Homestead Exemption for senior citizens was included in the minutes of May 10, 1993. During the regular session on June 28, ,the City Council approved the minutes of May 1:0" and conf.irmed and ratified Ordinance No. 1459. TREE CITY U. S .A.; DESIGNATION AND 1992GROWl'H,AWARD, PRESENTATION: Consideration was given to Tree City U.S.A. designation and the presentation ofa 1992 Growth Award by Eric Beckers of the Texas Forestry Service. Mr. Beckers stated that the Tree City U.S.A. program recognizes communities that have demonstrated a desire to improve and increase their green space with trees. Recently, the National Arbor Foundation created a new award called The Growth Award to acknowledge communities that have gone beyond the basic requirements. Mr. Beckers stated that West University Place has gone well beyond the basic requirements with groups like the Tree People and concerned elected officials in developing a Tree Preservation Ordinance and hiring an urban forester. Mr. Beckers presented the Mayor, Council and the citizens of West University Place with the Tree City U.S.A. Growth Award for 1992 on behalf of the National Arbor Day Foundation, the National 5 · eo Association of State Foresters and the U.S. Forest Service. TREE PRESERVATION REPORT: Consideration was given to a tree preservation report presented by Linda Day of the Tree Task Force. Ms. Day stated that the Task Force did not seek to change the basic approach or structure of the current Tree Preservation Ordinance, but rather to make it easier and more practical to work with. The report recommended changes in the following areas: Root protection: fencing and pavement areas Enforcement Interactions with other governmental bodies and utilities Communications Tree replacement Ms. Day stated that the current scheme for determining tree replacement inches was not being applied fairly. The Task Force recommended a tree replacement trust fund. The Trust Fund will allow residents who are unable or unwilling to replant trees that have been removed to contribute to a tree trust. The monies accumulated in the Tree Trust will be used to provide off-site replacement trees. The Tree Task Force suggested that the amount to be invested should depend on the number of replacement inches under the guidelines established by the Tree Ordinance. They recommended an amount of $100 per replacement diameter-inch. Ms. Day suggested priorities for the disbursement of the funds in the Tree Trust. She recommended that the funds be distributed to property owners immediately adjacent to a site where trees have been removed, to residents in the immediate neighborhood of removed trees, to public parks and open spaces and to private citizens who do not live in an impacted area, but who wish to plant trees. Council Member Fogler asked the Tree Task Force if they carne up with any new ideas on how to encourage builders to design homes for lots that will minimize tree damage from the beginning. Ms. Day commented that she felt that was Task Force had not discussed that topic. education and promotion should be one of Committee should consider in the future. a good point but the She stated that the the topics that the Tree Council Member Rushing asked if there were only two primary ordinance changes. Nes Tesno, Urban Forester, reported that the recommendations were for changes in the driveways and sidewalks which is part of building regulations. The sign for "positive image" construction sites would also need to be included in the 2 tr-6 · Tree Ordinance. Ms. Day stated that, if the changes are approved, the City Attorney will need to make the necessary changes in the Ordinances. Mayor Watson stated that he would like for the City Staff to review the proposed changes before further consideration by the City Council. FINE PAYMENT AND WARRANT, ELlNINATION PROGRAM: Consideration was given to the engagement of the Municipal Service Bureau for fine paYment and warrant elimination. Chris Taylor, Finance Director, reported that the City has approximately 2,000 citations in warrant status that have not been collected. Most of the warrants are issued against people who do not live in West University Place which makes it difficult for the Cit'y's Police Officers to serve the warrants. Mr. Taylor stated that the Staff recommended that the City engage Municipal Services Bureau who specialize in warrant collections. Their fee is based on a percentage of actual warrants collected depending on the age of the warrant. Thomas Giamboi, representative from Municipal Services Bureau, was present at the meeting. Mr. Giamboi stated that MSB worked with 130 courts in.the'State of Texas to resolve outstanding warrants. MSB is a member of the Texas Municipal League. Mr. Giamboi reported that 'MSB's responsibility is to cause voluntary compliance from the defendant who has otherwise chosen not to respond. This is done by initially attempting to locate the defendant and then by contacting them approximately eight times either by phone or by mail in a 120 day period. Council Member Rushing asked Mr. Giamboi what he normally expected to collect on outstanding warrants totally $300,000 to $400,000. Mr. Giamboi stated that, traditionally, they are able to resolve approximately 25~ of the backlog. The variables would be the age of the warrant and the amount of the information on the ticket. Council Member McCandless asked if the City had legal authority to dismiss those warrants that are uncollectable. Mr. Taylor stated that dismissing warrants was the Judge'S authority. A motion was made by Council Member McCandless, seconded by, Council Member Rushing to authorize the engagement of Municipal Services Bureau for a warrant collection program. 3 ~l ' , . $ ... The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: RESOLUTION AUTHORIZmG A 1993 URBAN AND COMMUNITY FORESTRY CHALLENGE GRANT APPLICATION: Consideration was given to Resolution No. 93-09 and authorization to apply for a 1993 Urban and Community Forestry Challenge Grant. Ms. Tesno reported that the purpose of the project is to assist the City of West University Place with the funding for a full- time urban forester position and related programs. The Challenge Grant is for $10,000 and must be matched by the City. One of the requirements to apply for the grant is that the City Council must pass a resolution authorizing the grant application. A motion was made by Council Member Rushing, seconded by Council Member Fogler to adopt Resolution No. 93-09 authorizing the application for the 1993 Urban and Community Forestry Challenge Grant. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: Mr. Becker reported that additional funds would possibly be available from the Small Business Administration Tree Planting Grant. The grant is only for small businesses to plant trees on public property. The grant will require a minimum matching of funds of 25%. RESOLUTION DESIGNATmG METRO CAPITAL PROJECT AND AUl'HORIZING USE OF METRO FONDS: Consideration was given to Resolution No. 93-08. Ed Menville, Director of Public Works, reported that Resolution 93-08, if adopted by the City Council, would request that Metro establish Welayan Street, from Bellaire Boulevard to Bissonnet 4 10- --, Street, as a General Mobility Project. The Resolution also re~ommends that grants received by the City from Metro be transferred to the Weslayan Street Reconstruction project. Mayor Watson asked if the funds were already available to the City,or if the City was requesting new grants. Mr. Menville reported that Metro had made the funds available to the City some time ago. Council Member Rushing asked Mr. Menville if he anticipated any complaints that would come from residents on Weslayan Street. Mr. Menville reported that the complaints would be of a similar nature to those receiv~d during any roadway construction project. The difference with the Weslayan project is that it is recognized by the community as an arterial. Council Member Fogler asked how long the project would take. Dieter Uf~r, Consulting Engineer, ,reported that the project should take about six months for each phase. Mr. Menville stated that Phase 1 consisted of Weslayan Street from Bellaire Boulevard to University Boulevard. Phase 2 consi-sted of Weslayan Street from Uni versi ty Boulevard to Bissonnet Street. Buddy Bell, a resident at 4038 Swarthmore, commented that he would like the project to include improvements on the sidewalks and telephone poles on Weslayan Street. Mayor Watson read the caption of Resolution No. 93-08 as follows: A RESOLUTION REQUESTING THATWESLAYAN STREET FROM BELLAIRE BOULEVARD TO BISSONNET STREET BE DESIGNATED A METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY CAPITAL PROJECT AND AVAILABLE FUNDS BE ALLOCATED TO WESLAYAN AND BISSONNET RECONSTRUCTION Amotion was made by Council Member Fogler, seconded by Council Member Lewis to adopt Resolution No. 93-08 and authorize the City Staff to forward the Resolution to Metro for formal consideration. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: 5 P9 · · .~ RESOLUTION AUTHORIZING SIGNATURES: Consideration was given to Resolution No. 93-10. Mr. Taylor stated that the City's depository bank, West University Bank, N.A., requires that the City Coun~il designate by resolution the city officials authorized to sign city checks. It is also necessary that the bank have on file a signature card with each authorized city official's signature; Mayor Watson read the caption of Resolution No. 93-10 as follows: A 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. A motion was made by Council Member Rushing, seconded by Council Member Fogler to adopt Resolution No. 93-10. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None ORDllilANCE CODIFICATION: Consideration was given to in-house codifying of the City'S ordinances. Kay Holloway, City Secretary, stated that once a year the City'S newly adopted ordinances are sent to the Municipal Code Corporation for codifying and are returned in supplement form to be inserted in the City's ordinance books. With new ordinances and amendments being approved regularly by the City Council, updating the City'S Code can be a continuous and costly process. Ms. Holloway stated that she and the City Attorney were recommending in-house coding. Initially, the present code book will be sent to an outside printing company to scan the documents in a word perfect word processing form. Compilation, formatting and editing will be done by the City Attorney and City Secretary. The annual expense will be in printing and binding costs. Soft bound books will be printed for the City Staff's use and additional copies sold to residents. Ms. Holloway stated that in-house codifying will provide for continuous updating of the Code in a cost effective manner. 6 vv- Mayor Watson asked Jim Dougherty, City Attorney, if the Council needed to make a motion to provide for the in-house coding. Mr. Dougherty stated,that,a,motion authorizil)gthlf,S.taff to proceed would be sufficient.' He stated that the Staff would need to take care of any unresolved matters with Municipal Code Corporation. Mr. Dougherty suggested that a draft of the book be brought to the Council for further consideration before final copies are printed. A motion was made by Council Member Lewis, seconded by Council Member Fogler to authorize the City Attorney and City Secretary to proceed within-house c~difying of the City's ordinances. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings conducted on June 28, 1993. Council MembexFogler stated that the minutes of the regular session on June 28, had a wrong interest rate quoted for the bid opening for the sale of the bonds. The rate typed was 7.1710 and should be 7.10. The City Secretary will make that correction. A motion was made by Council Member Fogler, seconded by Council Member Rushing to approve the Workshop and Regular Session minutes of June 28, 1993. The motion was voted on with the fOllowing result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: COUNCIL COMMENTS : Council Member Fogler commented that she was delighted with the work by the Tree Task Force and Council Member Lewis. Council Member Rushing commented that he shared an interest with Buddy Bell, that being a beautification of infrastructure beyond the green space. 7 ~"= 1 · · .. Council Member Lewis also thanked the Tree People for there hard work and for allowing her to be a part of it. Mayor Watson commented that he also felt that the City's infrastructure needed some beautification. He thanked Mr. Bell for his comments during the meeting. ADJOURNMENT: With no further business to come before the Council at this time, a motion was made by Cou~cit Member Lewis, seconded by Council Member McCandless to adjourn the regular session. The regular session adjourned at 8:47 p.m. BI LL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 8 CITY COUNCIL WORKSHOP SESSION MONDAY, JULY 26, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. 1/1)3 82. The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on July 26, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief, Parks and Recreation Director and Building Official were also present. ACOUISITIONOF REAL ESTATE: The City Council convened in Executive Session to consider the purchase and exchange of property required to expand Colonial Park. The City Council adjourned the Executive Session at 6:51 p.m. and convened in open session. AGENDA REVIEW: The City Council reviewed the items listed on the regular session agenda. MATl'ERSREr...ATING ,TO PARKS AND RECREATION FEE, INCREASES: Council Member McCandless inquired as to the amount of revenues that are generated under the current fees at Colonial Park. Mark Mailes, Parks and Recreation Director, reported that the revenues generated from non-residents are approximately $40,000 under the present rates. He stated that he was projecting a $20,000 increase in revenues under the proposed rates. MATl'ERS RELATING TO A CHANGE ORDER FOR THE CHARLOTTE/LAKE AREA RECONSTRUCl'ION: Mike Tanner, City Manager, reported that when the condition of Wake forest Street was originally assessed, it was believed that the Street was in better condition than it is now. The Charlotte/Lake area reconstruction plans require an asphalt overlay of Wakeforest Street but with the heavy construction vehicles in the area, the street now needs to be reconstructed with concrete. Council Memb~r Fogler inquired about the cost of the total project with the addition of the $21,860 change order. Ed 33 · · City Council Workshop Session, July 26, 1993 Menville, Director of Public Works, reported that the change order represented a very small percentage of the total cost of the project. Mr. Tanner stated that the Charlotte/Lake area project was well under budget. BUILDING DIVISION. REPORT: Ed Beasley, Building OfficialJ presented a report on plans, permits and inspections. Mr. Menville stated that he asked Mr. Beasley to give the Council some insight as to what goes on in the Building Division, what types of activities go on in the field and the types of problems that are dealt with on a day to day basis. The City Council was given a packet of data that is put together by the Building Division and handed out to individuals who request various types of permits. Mr. Beasley reported that he arranged the information in the basic order needed when a new permit is applied for. The packet includes information and forms for a tree disposition survey, plan submittal information, inspection information, code requirements and other handouts for miscellaneous permits. Council Member Fogler inquired as to the number of jobs where the concrete is actually tested. Mr. Beasley reported that sample testing was strictly up to the engineer. He stated that at least 50% of the engineers would present test results to the Building Department. Mr. Beasley reviewed a general list of items that are inspected during a Standard Housing Inspection to obtain a Certificate of Occupancy. He also reviewed a set of plans with the City Council. The City Inspectors, when reviewing a set of plans, are looking for code and zoning violations. Mr. Tanner reported that the biggest complaint the City receives is the amount of time it takes to get their plans reviewed or to get a permit. The Building Department logs dates and tracks everything that comes through their office. Mayor Watson recessed the workshop session at 7:30 p.m. to convene in regular session. At 8:07 p.m., Mayor Watson reconvened the workshop session with the following present: Mayor Watson presiding; Council Members 2 '" .,. . City Council Workshop Session, July 26, 1993 Fogler, Lewis, McCandless and Rushing. Staff members present were the City Manager, City Secretary, Public Works Director, Finance Director, Police Chief, Fire Chief, Parks and Recreation Director and Building Official. The City Council continued their discussion of the Building Division procedures. PUBLIC WORKS ~INPROVEMENTS: The Public Works Director presented a plan for the Public Works Center improvements. Mr. Menville prioritized the proposed improvements. He felt the first priority would be the construction of storage space for the Street and Water Departments at a cost of $28,762. The second priority would be a restroom, meeting room and a lunch room facility. The cost for these improvements would be $42,658. Mr. Menville suggested that general exterior repairs to the existing buildings and walk ways should be the third priority. The cost for these improvements would be $100,757. Fourth would be the construction of a garage and truck maintenance shop at a cost of $17,954. The last priority would be the construction of a new public works building. The cost for the new building would be $231,464. Total cost for the proposed public works center improvements would be approximately $421,595. Mr. Menville stated that a long'-term goal is the acquisition of the remaining lops on Milton Street which would provide for additional parking and, to a limited degree, recycling. Mr. Tanner stated that he felt a project like the public works facility improvements would be an appropriate use of the City'S reserve funds. The acquisition of lots to expand the parks and also improvements to City Hall are also projects that need to be addressed in the near future. Mr. Tanner reported that some of these issues will be brought before the Council during the budget process. 3 : 5 ~, City Council Workshop Session, July 26, 1993 MISSION STATEMENT, GOALS AND OBJECTIVES: The City Council discussed a mission statement, goals and objectives. Mr. Tanner suggested the following goals: 1. Develop and implement a public information program 2. Review, reorganize and improve government 3. Develop and implement a capital improvement program that meets infrastructure needs, facility needs and parks and open space needs. ' Mayor Watson suggested that Mr. Tanner meet with Council Member Fogler for further ,discussion of the City Council's goals and objectives. A motion was made by Council Member Rushing, seconded by Council Member McCandless to have Council Member Fogler and the City Manager consider all the suggested goals and objectives and provide a prioritized list for the Council's consideration. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: BOARDS, COMMISSIONS AND COMMITTEES: The City Council agreed to meet in Workshop Session on Monday, August 2 at 7:00 p.m. to discuss boards, commissions, committees and related matters. ANDfAL CONTROL: The City Council discussed animal control and related matters. Police Chief, Steve Griffith, reported that he had requested animal control ordinances from other cities. He stated that he would review the ordinances with the City Manager and report to the Council with suggested amendments. 4 00. City Council Workshop Session, July 26, 1993 CITIZEN COMMENTS, ,REQUESTS FOR ASSISTANCE AND COMPIJUNTg. The City Council and Staff discussed recent citizen comments, requests for assistance and complaints. Mayor Watson suggested that the City Manager review some of the letters he had received and refer them to the appropriate department. ADJOURNMENT: With no further business to come before City Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Fogler that the workshop session adjourn. The meeting adjourned at 10:25 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 5 r f}~)) B7 · CITY COUNCIL REGULAR SESSION MONDAY, JULY 26, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD . 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on July 26, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief, Parks and Recreation Director were also present. Monsignor James Jamailof the St. Vincent De Paul Catholic Church delivered the invocation and Council Member Fogler led the Pledge of Allegiance. CITIZENS COMMENTS : Mayor Watson invited residents who wished to address the City Council to come forward as their names were called. Chuck Gillan, a resident at 3620 Georgetown, spoke to the Council about the Westpark Toll Road. 'The Westpark Toll Road could possibly stop at Edloe Street. Mr. Gillan expressed concern about where the traffic would go from Edloe Street. He requested that the Council remain aware of the situation. PROM .:QfATIONSUPPORTINGNATIONAL ,NIGHTOtrr: Consideration was giventoa proclamation that supports National Night Out on August 3, 1993. Mike Eason, Chairman of the National Night Out Program, spoke to the Council about National Night Out to be held on August 3 at 6:00 p.m. The Council viewed a recording from one of the local television stations of some of the publicity that the scheduled activity was getting. Mayor Watson read a proclamation about the National Night Out and presented it to Mr. Eason. This proclamation will assist the Sentinel Club in promoting citizen involvement in Natiorial Night Out. PARKS AND RECREATION FEE INCREASES: The City Council considered non-resident fee increases recommended by the Parks and Recreation Board. Mark Mailes, Director of Parks and Recreation, stated that the Parks and Recreation Board unanimously recommends the non- 38 · · resident fee increases at the Colonial Park Swimming Pool. If approved, the City Manager will implement non-resident fee increases on an interim basis until they can be established by ordinance. An ordinance could be considered at the August 9, 1993 regular City Council meeting. A motion was made by Council Member Lewis, seconded by Council Member McCandless to accept the recommended fee increases as recommended by the Parks and Recreation Director. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: CHARLOTTE/LAKE AREA RECONSTRUcrION CHANGE ORDER: Consideration was given to a $21,860.00 change order to reconstruct the 5800 block of Wakeforest. Ed Menville, Public Works Director, reported that the Charlotte/Lake Area reconstruction plans require the rehabilitation of Wakeforest between Tangley and Plumb. Rehabilitation would include an asphalt mill, concrete repairs and a new asphalt overlay. The condition of the 5820 block of Wakeforest has rapidly deteriorated since area reconstruction began. The Staff recommends that a $21,860 change order be approved and the 5820 block of Wakeforest be reconstructed with concrete. A motion was made by Council Member Rushing, seconded by Council Member McCandless to approve the change order for the 5820 block of Wakeforest. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted on July 12, 1993 (b) Regular Session conducted on July 12, 1993 O~ · " City Council Regular Session, July 26, 1993 A motion was made by Council Member Rushing, seconded. by Council Member Fogler to approve the workshop and regular session minutes of July 12, 1993. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None COUNCIL COMMENTS: Council Member Fogler encouraged everyone to attend National Night Out on August 3, 1993. Council Member McCandless requested that the Council investigate the flood victims to determine if the City's residents can help in any way. He suggested a charity drive of the citizens. Council Member inundated with is a problem. Cross. Lewis stated that the flood victims are being clothing and food. Warehousing and distribution She added that they needed money through the Red Mr. Tanner volunteered to call Pat Lilly, City Manager of St. Joseph's, Missouri to see what help the City of West University Place could be to the flood victims. Maybr Watson stated that Warner Cable had not received a nomination from the City for a Hometown Hero. Council Member McCandless recommended that Terry Harper be nominated. Mr. Harper was the first person to put together the advancement of high level softball. He not only coaches the girl's softball but also a Little League team. ADJOURNMENT: With no further business to come before the Council at this time, a motion was made by Council Member Fogler, seconded by Council Member Lewis to adjourn the regular session. The regular session adjourned at 8:02 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 3 rv f~0r1\J · CITY COUNCIL SPECIAL SESSION MONDAY, AUGOST 2, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. The City Council convened in Special Session in the Municipal Building (3800 University Boulevard) on August 2, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City _Attorney, Public Works Director and John Hightower, Attorney from Olson & Olson were also present. LITIGATION: The City Council convened in Executive Session to consider a recommendation from Olson & Olson, special counsel to the City, regarding the proposed partial settlement of a lawsuit filed by George M. Construction, Inc. The City Council adjourned the Executive Session at 7:22 p.m. and convened in open session. Mayor Watson requested a motion. A motion was made by Council Member Rushing, seconded by Council Member Lewis to accept John Hightower's recommendation to settle with,GeorgeM. Construction in the manner described by his letter. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: The City Attorney and Mr. Hightower left the meeting at 7:25 p.m. BOARDS, COMMISSIONS AND COMMITI'EES: The City Council considered boards, commissions, committees and related matters. The City Council discussed appointments to the Building & Standards Commission. A motion was made by Council Member Lewis, seconded by Council Member Fogler to appoint the following people to the Building & Standards Commission. ~1 . . City Council Special Session, August 2, 1993 Chairman: Position No. 1 Position No. 2 Position No. 3 Position No. 4 Alternates: A B C D Drew McManigle Craig S. DuCote Les Albin James D. Todd Roy Harper Evelyn Dravis James W. McDaniel Richard Ayres James T. Collier Voting Aye: The motion was voted on with the following result: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None The City Council discussed appointments to the Zoning Board of Adjustment. A motion was made by Council Member Fogler, seconded by Council Member McCandless to appoint the following people to the Zoning Board of Adjustment. Sterling Minor Sue Porretto Frank Billings Steven Masera Rob Peterson Alternates: Vic Hansen Lee Huber Melinda Snell Arden Morley The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None The City Council discussed appointments to the Zoning & Planning Commission. 2 'jd. City Council Special Session, August 2, 1993 A motion was made by Council Member Fogler, seconded by Council Member McCandless to appoint the following people to the Zoning & Planning Commission. George Ruhlen Peggy Rice Buddy Bell Ned Ross Charles Nelson Joe Webb Ron Sommers The motion was voted Dn with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: The City Council discussed appointments to the Charter Review Committee. A motion was made by Mayor Watson, seconded by Council Member Rushing to appoint the following people to the Charter Review Committee. Bob Higley - Chairman Beth Schnieders Jeann Howse Rick Spencer Russ Chase The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: The City Council discussed appointments to the Environmental Issues Committee. A motion was made by Council Member Fogler, seconded by Council Member Lewis to create an Environmental Issues Committee arid appoint the following people to the Committee. Chairman: Ted Eubanks 3 4 · · City Council Special Session, August 2, 1993 Tree Section: Linda Day (Vice-Chairman) Laura R. Thomas Diana Freeman David Washburn Fran Berg Margaret Pace Recvclino Section: Cynthia Neal (Vice-Chairman) Bill Arnold Betty King Gardener Cathy Troisi Dave Zeger Patsy Graham Bryant Slimp, Jr. Anita Johnson Water Section: Roger Pokluda (Vice Chairman) Tom Wilson Elaine Veatech David Huff The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: -c, The City Council discussed appointments to the Parks and Recreation Board. A motion was made by Council Member Fogler, seconded by Council Member Rushing to appoint the following people to the Parks and Recreation Board. Carol Burke Chairman Jere Ahrens Phil Stevenson Margaret Sanchez Tamara Armstrong Connie Spencer Rhoda K. Ferris Linda Masera Tip Millard Phyllis Cohen Odette Mace Tim Hansen 4 7~ .'. City Council Special Session, August 2, 1993 Johanna Weems Cindy Sparkman Susan Kasper The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: The City Council discussed appointments to the Friends of West University PlaCe Parks Board. Amotion was made by Council Member Fogler, seconded by Council Member McCandless to recommend the follpwing people be appoionted to the Friends of West University Place Parks Board subject to further investigation of the Friend's By-Laws and the City Charter. Ross Frazer Chairman Mark Spradling Linda K.Gray Ginni Mithoff Carol Burke Cora Bess Parks Donna Buja Beverly Loftis Tony Canino Jere Ahrens Mark Mailes Ex Officio The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None The City Council discussed appointments to the Senior Services Board. A motion was made by Council Member Fogler, seconded by Council Member Rushing to appoint the following people to the Senior Services Board. 5 ~6 . . ~. City Council Special Session, August 2, 1993 Dorothy Rieger Chairman Marie Fish Dr. Mary Lee Grady Torn B. Malloy John P. Monahan Dorothy B. Shaw Dalia Stokes M.D. Wickerham Ida H. Fuex Ruth Nelson Leonard Townley Randy Hardy The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: A motion was made by Mayor Watson, seconded by Council Member McCandless to appoint Ken Currie to the Charter Review Committee. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None The City Council discussed appointments to the Long Range Planning Committee. A motion was made by Council Member Fogler, seconded by Council Member Rushing to appoint the following people to the Long Range Planning Committee. Buildino Oualitv Task Force Bob Semands Chairman Ken Moise, Jr. Wayne Wiatrek Joe Ivison Keith Short John Pickul CaDital ImDrovements 6 'JT. City Council Special Session, August 2, 1993 Connie Clark David Eliff Joe Studlick William Mackey Bill Mack Emory Glover Kristine Peters Paul Young Mike Rice Brian Hughes The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: The City Council discussed appointmeJ:lts to the Communications Commi t tee.. A motion was made by Mayor Watson, seconded by Council Member McCandless to appoint the following people to the Communications Committee. Larry Massey Chairman Dr. Rick Peters Monica Stallworth Kolimas Susan Freeman H.R. Hutchins Suzanne Guthrie John Yow Michael Neal James Pas samano Doug Dawson George Stillman The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: The City Council agreed to administer the Oath of Office to the appointed members at the first regular session in September. A 7 ~ 8 . · City Council Special Session, August 2, 1993 reception welcoming the m~mbers would be held at that time. ADJOURNMENT: With no further business to corne before City Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Fogler that the workshop session adjourn. The meeting adjourned at 11:00 p.m. KAYLYNN HOLLOWAY CITY SECRETARY BILL WATSON MAYOR 8 CITY COUNCIL WORKSHOP SESSION MONDAY, AUGUST 9, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. ~3 .9~ The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on August 9, 1993, with the following members present: Mayor Watson presiding, Council Members Lewis, McCandless and Rushing. The City Manager, City Secretary,Clty Attorney, Public Works Director, Finance Director, Police Chief and Parks and Recreation Director were also present. Council Mernber Fogler was absent. AGENDA REVIEW: TheCi,ty Council reviewed the items listed on the regular session agenda. MATl'ERSRELATED. TO .ACITIZEN SURVEY: The City Council con~idered engaging a consulting firm to conduct a citizen survey. Mike Tanner, City Manager, stated that the City had received two proposals for the survey. LS&R Consulting Group submitted a proposal for the citizen survey in the amount of $4,250 including expenses. Gelb Consulting Group submitted a proposal in the amGuntof $,6, 200pl>us out-of-pocket expenses. Council Member Lewis asked if the Communications Committee could conduct the citizen survey. Mr. Tanner stated that the advantage of using a professional group is the degree of quality provided. Citizens might consider the results of a study done by a third party professional group to be somewhat more objective. Mr. Tanner reported that the consulting group would profile the community. They try to have the respondents match the demographics. Council Member Rushingcoffimented that he had been involved in numerous surveys. He stated that most leading organizations in the business world ~re continually doing surveys of their customers or constituents. Council Member Rushing stated that he felt the City needed a third party to conduct the survey in order to give some validity to the results. Council Member Lewis felt that the City needed to look for ways to not spend money and still do the things that need to be done. 00- '''''1 City Council Workshop Session, August 9, 1993 ADJOuRNMENT : Mayor Watson adjourned the workshop session at 7:30 p.m. to convene in regular session. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 2 CITY COUNCIL REGULAR SESSION MONDAY, AUGU'ST 9,1993 MUNICIPAL BUILDmG 3800 UNIVERSITY BLVD . 7:30 P.M. ~; ~lO 1 The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on August 9, 1993, with the following members present: Mayor Watson presiding, Council Members Lewis, McCandless and'Rushing.The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief and Parks and Recreation Director were also present. Reverend Martus Miley Of the River Oaks Baptist Church delivered the invocation and Council Member Lewis led the Pledge of Allegiance. Council Member Fogler was absent. CITIZENS COMMENTS : Mayor Watson invited residents -who wished to address the City Council to corne forward as their names were called. Jacques R. Tabanou, a resident at 3l0S Rice Blvd. and President of the Alliance Francaise of Houston, stated that the Alliance Francaise wanted to make 1994 a year of commemoration of the landing OI the Allied Forces in iNor.mandyand the liberation of France. He asked for help fromthe.Cityof West tJniversityPlace in the following areas: an official letter of invitation from Mayor Watson to the Choir of Saintes, help in lodging from residents for the choir, use of an auditorium or concert hall for choir recitals and introduction to and cooperation with private and public American organizations interested in this commemoration. Council Member Rushing asked if the Alliance Francaise organiza.tion had been involved in similar activities during past years. Mr. Tabanou reported that the organization was involved in a Bicentennial celebration of the French Revolution in 1989. Council Member Rushing asked Mr. Tabanou how many people he had in his organization to help with all the events that the Alliance Francaise has planned. Mr. Tabanou reported that the organization had 400 to 500 members. He stated that the Alliance Francaise was basically a non-profit organization with a mission to promote the French culture and teach the French language to American adults. Mayor Watson asked if the City of Houston was going to be involved in the celebration. Mr. Tabanou reported that the organization had started with the City of West University Place because he lived in the City and Saintes is our Sister City. .U L- ., City Council Regular Session, August 9, 1993 Mayor Watson asked Mr. Tabanou to put his requests in writing for the City Council to consider. Mr. Tabanou stated that he would prepare a draft of the letter of invitation to the Choir. Michele Lhopiteau, Director of the Franco American Choir of the Alliance Francaise of Houston, stated that she worked with the Choir of Saintes prior to moving to Houston four months ago. She reported that for many years Saintes has had exchange students from the Houston area. S~intes would like to make an exchange with music this year. Michael Parks, a resident at 6427 Buffalo Speedway, encouraged everyone present at the meeting to attend the Festival celebration in Saintes next July. He reminded the Council that two years ago a festival in the Village was given for visitors - from France. Mr. Parks reported that money was generated from the festival of which there is approximately $200 remaining. He suggested using the funds for a sign to be put next to one of the City of West University Place signs indicating Saintes France as our Sister City. He requested that the City Council consider the mounting of a sign to recognize our Sister City. Mary Forristal, a resident at 3757 Arnold, spoke to the City Council about pool safety. She reported a swimming pool located at 3777 Arnold that is a danger to children. Ms. Forristal stated that Chief Griffith could enforce the Swimming Pool Code as it exists but the Code .needs to be changed. She asked that an article be written in the City Currents about pool safety. She also suggested that the City Staff needs a complete list of where all the pools in the City are located. I L Mayor Watson asked Ms. Forristal to put her requests in writing for the Council and Staff's consideration. Council Member Lewis asked if children using their neighbors swimming pool without their parents knowledge was a real problem in West University Place. Chief Griffith reported that typically residents do not get the police involved when children are found swimming in their pools but he felt that something needed to be done to strengthen the ordinance to make it safer. Mike Tanner, City Manager, stated that the Staff had already taken steps to present amendments to the Swimming Pool Code for the City Council's consideration. Mayor Watson asked that the amendments be brought before the City Council as soon as possible. 2 ~I i' j. I ~ I I " I i I \ I 103," City Council Regular Session, August 9, 1993 ~l .': , WEST UNIVERSITY ELEMENTARY SCHOOL SITE 'lNPROVF.M1iNT'~. The City Council considered West University Elementary School site improvements by Buddy Bell. Buddy Bell,' a resident at 4038 Swarthmore, thanked the Staff for their part in the National Night Out. Mr. Bell reported that he was waiting on a bid from HL&P on installing lights in front of the school. Metro will be considering the sidewalk improvements on their agenda sometime in August. HL&P will also install flood lights on some of the telephone polls behind the elementary school. HISD will pay for these lights. Mr. Bell stated that the chain link fence around the school has been removed and a wrought iron fence has been donated by two West University Place residents. Mr. Bell requested that the Council approve the replacement and installation of, the storm sewer inlets and curb repair on University Boulevard. He also reported that some of the parking signs around the school are bent and hard to read. He asked if these could be replaced. Mayor Watson inquired about the cost of the project. Ed Menville, Director of Public Works, reported that the storm sewer work, the inlet replacement and engineering fees would cost approximately $47,000. Council Member Lewis asked what is the priority area of the work on University Boulevard according to the Capital Improvement Plan. Mr. Menville reported that University Boulevard is scheduled for improvements in Priority Area 6 which will be several years. Council Member McCandless asked if the street lighting was a safety factor or for beautification. Mr. Bell stated that the lights were for both safety and beautification. Presently, there are only two lights in front of the school. The flood lights in the back of the school are for security reasons. Council Member Rushing commented that Mr. Bell was actually asking the City Council to reprioritize the infrastructure improvements. Mr. Bell stated that there were 1,100 children in 3 ;-0 4. 'd City Council Regular Session, August 9, 1993 school at West University Place Elementary every day. When it rains, these children have to walk to school in the water because of the excessive flooding on University Boulevard. He felt this was a unique situation which needed immediate attention. The City Council asked that the agenda item be tabled for further discussion and consideration. A motion was made by Council Mernber Lewis, seconded by Council Member McCandless to table consideration of the West University Elementary School site improvements. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: CABLE TELEVISION REPORT AND RESOLtrrION: Consideration was given to a report presented by the Time Warner Entertainment Company, Resolution No. 93-11 and related matters. Pam Thorne, Vice President of Government & Community Affairs for Warner Cable, spoke to the Council about tranferring their current franchise with Warner Cable to Time Warner Entertainment. She requested that the City Council pass a Resolution recognizing the creation of Time Warner Entertainment Company and an interest transfer. Council Member Rushing inquired as to why Warner Cable is entering into the partnership with Toshiba and C. Itoh & Company. Ms. Thorne reported that Time Warner entered into a strategic alliance with T()shiba and C. Itoh to tap into their resources. Both of the compan~es bring a wealth of resources to assist Time Warner in upgrading their cable systems across the country. The most recent alliance with U.S. West was formed to help Time Warner payoff a portion of their debt and to also help accelerate the formation of fiber optic upgrades. A motion was made by CouncilcMernber McCandless, seconded by Council Member Rushing to adopt Resolution No. 93-11. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis 4 m ~ 1 05 ~ City Council Regular' Session, August 9, 1993' Voting Nay: Absent: and McCandless None Council Member Fogler Ms. Thorne reported that Warner Cable renewed their franchise for fifteen years with West University Place in June 1989. A franchise fee is currently paid to the City in the amount of 5~ of gross revenues. Mark Hertz, Vice President of Sales & Marketing for Warner Cable, spoke to the Council about a change in the channel frequency and also a .new expanded line~upto be introduced in West University next month. The residents of NO who are cable customers will be notified of the changes prior to September 14, 1993 which is the scheduled date for the expansion. COLONIAL PARK SWIMMING .POOL ,REPORT AND FEE ORDINANCE: Consideration was given to a Colonial Park Swimming Pool utilization report and Ordinance No. 1465. Mark Mailes, Director of Parks and Recreation, reported that there were some changes that needed to be made to the Ordinance being presented to the Council. Mr. Tanner suggested that the Ordinance be tabled until the next regular session. The City Council agreed to table consideration of Ordinance No. 1465 until the next regular session. Mr. Mailes presented the results ofa survey regarding pool hours and usage. The survey included questions concerning non-resident pool usage, the number of lap lanes, friendliness of staff and hourly breaks. Mr. Mailes spoke to the Council about additional programs in the Recreation Department and the anticipated schedule for Fall. ORDINANCEREOUESTING,HARRIS COUNTY ASSISTANCE: Consideration was given to the first reading of Ordinance No. 1466. Mr. Menville reported that in order for Harris County to assist a municipality in maintenance or improvement of public property, the City must pass an ordinance so that the roads or. property in 5 l06 · City Council Regular Session, August 9, 1993 , question may be temporarily placed on the Precinct Road Log. Mayor Watson read the caption of the Ordinance as follows: AN ORDINANCE FORMALLY REQUESTING HARRIS COUNTY TO ASSIST WITH RE- STRIPING CERTAIN STREETS OR ROADWAYS; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Copies of Ordinance No. 1466, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member Rushing, seconded by Council Member to adopt Ordinance No. 1466 on the first reading. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: The City Attorney.left the meeting at 9:15 p.m. CITIZEN' SURVEY: The City Council considered engaging a consulting firm to conduct a citizen survey. Mayor Wat~on stated that the proposals to conduct a citizen survey were received and discussed during the workshop session. Larry Massey, Interim Editor of the City Currents, asked that the Council consider giving the Communications Committee an opportunity to conduct the survey before engaging an outside firm. This would save the tax payers money and also give the newly appointed Communications Committee their first project. Council Member Lewis volunteered to work with Mr. Massey on the questions to be included in the survey. The City Council agreed to allow the Communications Committee to conduct a citizen survey. 6 . I i I " I U !ur. City Council Regular-Session, August 9, 1993 CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted on July 26, 1993 (b) Regular Session conducted on July 26, 1993 (c) Special Session conducted on August 2, 1993 A motion was made by Council Member Rushing, seconded by Council Member McCandless to approve the minutes as presented. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: COUNCIL COMMENTS: Council Member McCandless stated that he felt the City should recognize Bob Geary, Mike Eason and Larry Massey for the outstanding work tl1atthey did for the National Night Out Program. STAFF REPORT: Mr. Tanner reported that the City had received a favorable ruling in the George M. Construction suit. .ADJOURNMENT : With no further business to come before the Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Rushing to adjourn the regular session. The regular session adjourned at 9:26 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 7 1"- I i I , I \ ! l1- CITY COUNCIL WORKSHOP SESSION MONDAY, AUGUST 23, 1993 MtJNICIPALBUILDlNG 3800 UNIVERSITY BLVD . 6:30 P.M. 4i3 1 V u The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on August 23, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief, Parks and Recreation Director and Building Official were also present. REQUEST FOR FUNDS: The City Council considered a request for funds from Tri-Sports and discussed athletic needs. Russ Schulze, President of the Tri-Sports Association, discussed the Organization's 1994 proposed budget. He requested that the City Council increase their annual operating budget from $20,000 to $23,000 for 1994. The additional money is needed because of increasing need for maintenance of infields including mowing, edging, weeding and cleanup around backstops. Mr. Schulze stated that the Tri-Sports Association was also requesting a major capital expenditure by the City. He proposed that the City light the 'two backstops on field 1 and 3 and the field adjacent to the SCQut House. All of ,these fields are primarily used by teams for younger children up to age 10. Mr. Schulze reported.thatthe West University Little League and the West University Soccer Club anticipated the loss of the playing and practice fields on the Wesley West Property on Brompton when its sale is finalized later this year. Ken Sparks, Vice President of the Tri-Sports Association, presented a copy cfa bid received by the AssoCiation for the lighting of the fields. The total bid received by Vadco Electric Company was $108,525. Competitive bids have not been solicited. The bids could possibly be reduced by obtaining donated poles from HL&P instead of purchasing them and by also using existing poles. Mr. Sparks stated that, if approved, Tri~Sports would do their best to maintain the bid process in a competitive manner and cut costs wherever possible. Mr. Sparks commented that the lights to be used and the method and direction that they would be utilized would not affect the -n residents whose backyards border on the fields. The lights are I] specialized with a glare shield used to reduce the spill light. ~ 09. '~ City Council Workshop Session, August 23, 1993 Mayor Watson asked if the new Rice LabSchbol would provide any playing fields. Mr. Schulze reported that the School may possibly provide one field. The School is not geared for athletics. Council Member Lewis asked, in comparison with other requests made by Tri-Sports to the City, if this was an extraordinary request. Mr. Schulzestated,that, in terms of 'dollar amount, this was an extraordinary request. Council Member McCandless asked how late the lights will be on each evening~ Mr. Schulze stated probably 8:30 or 9:00 p.m. Mr. Schulze reported that the fields around the elementary school were designed for the smaller children not for teenagers or adults. Mayor Watson asked about the timing of the project. Mr. Schulze reported that it was crucial that the Tri-Sports be able to work on fields between seasons, usually December and January. They would like the City Council to make a decision by the end of October. AGENDA REVIEW': The City Council reviewed the items listed on the regular session agenda. MATTERS. RELATED' TO A WATER T.F.Z\K, DETECTION'SURVEY: Council Member Fogler questioned the cost of the loss water that would amount to $.20 each minute when the City converts to surface water. She asked where the Staff received that number. Mike Tanner, City Manager, reported that the number was based on a recent water loss audit performed by JBS Associates. Frank Dannenbaum, Vice President of JBS Associates, was present at the workshop to discuss his proposal to conduct a water leak detection survey. Mr. Dannenbaum reminded the Council that last year JBS Associates was commissioned by the City to conduct a water distribution system audit. The purpose of 'the audit was to determine the discrepancy between the amount of water that the City is producing and the amount of water the City is actually selling through its distribution meters. At that time, the gross number was a 20% unaccounted for ratio. Mr. Dannenbaum stated that the City'sStaff wanted to pursue the 20% knowing that the partial conversion to surface water was imminent. The cost of unaccounted for water due to leaks was in 2 ~J.. V · .~ City Council Workshop Session, August 23, 1993 the range of $.24 per 1000 < gallons of water coming out of the wells. With the conversion to surface water, the, cost will rise to $1.13 per 1000 gallons of water. The maximum fee to conduct the water leak detection survey will be $10,200. If 50% of the water system leaks can be eliminated, the City will save approximately $1,100 a month prior to surface water conversion and $4,400 a month following it. Mayor Watson asked how often a leak detection survey needed to be conducted. Mr. Dannenbaum reported that the last leak study was conducted in the City in 1986. Since the City is replacing water lines at an accelerated rate, it would not be cost effective to do surveys frequently. Council Member Lewis asked what process would take place after the leaks are found. Mr. Dannenbaumstated that it would be up to the City employees to make the repair. TREE. PRESERVATION: The City Council tabled consideration of the Tree Task Force Report and the Tree Preservation Program changes until a later date. ---n I Mayor Watson recessed the workshop session at 7:28 p.m. to convene in regular session. At 8:22 p.m., Mayor Watson reconvened the workshop session with the following .present: Mayor Watson presiding; Council Members Fogler, Lewis, McCandless and Rushing. Staff members present were the City Manager, City Secretary, Public Works Director, Finance Director, Police Chief, Fire Chief, Parks and Recreation Director and Building Official. ADOPTION OF THE STANDARD 'SWD:1MINGPOOLCODE AND AMENDMENTS. The City Council discussed adoption of the 1991 Edition of the Standard Swimming Pool Code (Southern Building Code Congress International) and amendments to prevent accidental drowning. Mayor Watson asked how the Code would affect residents with existing pools. Jim Dougherty, City Attorney, reported that residents who have an existing pool and fence that is in compliance with the current ordinance and the new ordinance is adopted, then the residents could have sixty days in which to comply with the new ordinance. Council Member Rushing asked what would be the typical cost for a 3 11...: :1'1 City council Workshop Session, August 23, 1993 resident with an existing pool to become in compliance. Ed Beasley, Building Official, replied that the cost depended on the reason the resident was not in compliance. If a resident currently has a fence that has six inch spacing, then they could possibly add one more upright which would make the fence have three inch spacing. Mayor Watson inquired about the alarm system required for all doors with direct access to the pool. Mr. Beasley reported that the alarm could be a magnetic sensor that trips when you open the door. The alarm provision could be removed from the Ordinance if the Council desires. The City Council requested that the Staff further research the cost for residents to be in compliance with the new Code. The City Manager recommended a public hearing before adoption of an amended swimming pool ordinance. ANIMAL CONTROL: The City Council considered animal control and related matters. Mayor Watson reported that he had received a letter and had spoken with Dr. Hauser concerning the number of pets he and his wife own. Mayor Watson asked the Council if they wanted to consider a compromise with the Hausers. Dr. Hauser is not willing to give up any of his cats but is willing to post a bond or do whatever in order to keep the pets. Council Member Lewis stated that she felt Dr. Hauser had made some smart recommendations in his letter to the Council. He never suggested that the Council should change the ordinance and increase the number of pets allowed per household. She stated that Dr. Hauser set up several choices. She added that she felt this issue needed to be resolved. Council Member McCandless stated that he felt the issue should be controlled through health, safety, welfare and nuisance. Mr. Tanner recommended that any amendment that the Council might adopt should put the animal control officer and others in the Police Department in a position to be able to enforce the Ordinance. Council Member Fogler asked Chief Griffith if the Police Department had an opinion about the issue. Chief Griffith stated that this was an emotional issue. He reported that the Police Department hears mainly from one side which is the animal haters. 4 ] -" II Ii ~ City Council Workshop Session, August 23, 1993 -~1-1 2 Council Member Rushing stated that he sympathized with the Hausers but felt the Council needed to hold their ground on the issue. Council Member Fogler stated that the Hausers wanted to go to trial and wanted the media attention. Mayor Watson suggested that the Council ask Dr., Hauser to come up with a recommendation that will show the City how he can prevent his pets from being nuisances to the neighborhood. Mr. Tanner stated that the City had discussed possible ways out with the Hausers many times. At that time, the City Council had decided that it was not possible to become involved. Mayor Watson stated that the City was not enforcing the ordinance. Mr. Tanner replied that the City enforced the ordinance only on a complaint basis. Chief Griffith reported that, other than the Hausers, he could not recall an incident where the Police Department had ever written a citation concerning the number of pets allowed. He stated that the only reason they gave the Hausers a 'citation was because they kept pushing the issue. The Hauserstried to register all six of the cats and they were turned away. Then, Dr. Hauser tried to register three and Mrs. Hauser tried to register three. The- Police Department originally spoke to the Hausers after a complaint from a neighbor. Mayor Watson felt that they needed to give the Staff some direction. Mr. Tanner stated that, at some point in time, the City Staff will need to act because the Hausers will force the issue. The City will tell them to get rid of three cats or they will receive another citation. The City Attorney, pUblic Works Director, Police Chief, Fire Chief, Finance Director and Parks and Recreation Director left the meeting at 9:00. REQUEST FOR FONDS: The City Council considered the request for funds from Tri- Sports. Mr. Tanner stated that there will be a pronounced benefit by supporting the Tri-Sports. He felt that more people will appreciate the expenditure of funds on athletic needs in the City. 5 - -, 13 · '\ City Council Workshop Session, August 23,1993 Council Member Lewis suggested that Southside Place City Council should also contribute funds for the lighting. Mr. Tanner suggested that the funding could be proportioned according to the number of children in each City. The City Council suggested that a possibility would be for the Tri-Sports to raise 50% of the needed funds. The City Manager agreed to talk with the Tri-Sports Association and return to the Council for further consideration. BOARDS. COMMISSIONS AND COMMITI'EES: The City Manager discussed the number of members to be appointed to the City's boards, commissions and committees. Council Member Fogler commented that Bob Kelly had volunteered to serve and recommended that he be added to the Charter Review 'Committee. Mayor Watson reported that Bob Higley, Chairman of the Charter Review Committee, had recommended that J.B. Thompson be appointed to the Committee. The City Council agreed to appoint J.B. Thompson to the Charter Review Committee. i I I L Council Member Fogler stated that she felt it was admirable of Mr. Kelly to volunteer. She suggested that maybe he would serve on another committee. Council Member Lewis stated that she wanted to find a place for Mr. Kelly to serve. Council Member Fogler asked if the Council would consider asking Bob Kelly to Chair the Capital Improvements Task Force. Council Member Rushing stated that he would not have any problem with appointing Mr. Kelly to the Task Force. Mayor Watson stated that he would not support the appointment of Mr. Kelly as Chairman of the Task Force but would agree to him serving as a member. 6 [ City Council Workshop Session, August 23, 1993 .lJ.&ft GOALS .AND OBJECXIVES: The City Council discussed goals and objectives of its administration. Consideration was given to the following goals: 1. Develop various programs and strategies which can be utilized by the Council, City Staff, and the volunteer Communications Committee to communicate more effectively with the citizens of West University Place. 2. Take responsibility for the environment at a governmental level by enhancing recycling; reducing solid waste; 'protecting and enhancing open space, green space and our urban forest; and valuing and conserving all of our natural resources. 3,. Prepare a prioritized plan for renewal and beautification of Parks, City buildings and City facilities. 4. Conduct the mandated review of the West University Place Charter. 5. Amend, codify, and put into use Rules of Procedure for the City Council. -n 6. Organize and codify the ordinances and regulations under II' , I! which the Ci'ty operates with a view to streamlining our City ~ government. COUNCIL, COMMENTS ~ Mayor Watson commented that he was contacted by a resident requesting the Ci,ty to purchase hand weights for the water aerobic classes. The City Council agreed that the weights should be purchased by the individual residents participating in the classes 0 Council Member Fogler left the meeting at 10:05 p.m. Council Member Rushing suggested that Larry Massey should be nominated for the Citizen of the Year Award given by the BellairejSouthwest Chamber of Commerce. ~ J 7 15'. City Council Workshup Session, August 23, 1993 ADJOURNMENT: With no further business to corne before City Council at this time, a motion was made by Council Member Lewis, seconded by Council Member McCandless that the workshop session adjourn. The meeting adjourned at 10:15 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY . / 8 '-'- ] ----. i ~ J _ JP:.)~)'11_6 ' tiff 4/~1 CITY COUNCIL REGULAR SESSION MONDAY, AUGUST 23, 1993 MUNICIPAL BUILDmG 3800 UNIVERSITY BLVD . 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on August 23, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief and Parks and Recreation Director were also present. Reverend John Cunyus of the First Christian Church-Disciple of Christ delivered the invocation and Mayor Watson led the Pledge of Allegiance. WEST 'UNIVERSITY ELEMENTARY SCHOOL AREA IMPROVEMENTS : Consideration was given to West University Elementary School Area improvements requested by Buddy Bell. Larry Massey, a resident at 6410 Community, asked for assistance from the City on the drainage problem that occurs at the West University Elementary School when it rains. Roger Martin, a resident at 6532 Mercer, stated that he officed across the street from the Elementary School and is also the Building Chairman for the PTA. He thanked the Council for their past support and ~ommented that the school would continue to need the City's support on other issues. Mr. Martih stated that the drainage problem at the school had become a safety issue for the children. He added that anything the Council could do to help would be appreciated. Ed Menville, Public Works Director , presented an estimate for the. drainage work in front of the school. The cost for the installation of six double B inlets and pipe is $39,400. An additional $7,600 will be needed to cover a contingency engineering survey bringing the total cost for the project to $47,000. ' Council Member Lewis commented that the work is sCheduled in the infrastructure improvement plan anyway. She stated that what the Council is really being asked is whether to do the work now or later. Council Member Fogler asked to what degree would the work, if it were done now, benefit the City later or would the work have to done over during the construction of that priority area. Mr. Menville reported that the work would not have to be done over at some future time. L1r... City Council Regular Session, August 23, 1993 Council Member Fogler asked which priority area the work was scheduled. Mr. Menville stated that this particular area is in Priority Area 6. Priority Area 6 will probably be under construction in 5 to 7 years. Council Member Rushing asked if, by simply enlarging the inlets, it will eliminate the flooding problem. Mike Tanner, City Manager, reported that enlarging the inlets would not eliminate the flooding but would facilitate run-off in a rain storm. Mr. Menville stated that the pipes that lead away from the inlets is what determines the level of run-off. By changing the inlets, the City will be eliminating a type of inlet that is not very efficient. It is a small inlet and the grates collect leaves which prevent the water from draining. He suggested using a double B inlet which is much larger. It has some storage capacity and does not have grates. Mr. Tanner recommended utilizing the general fund reserve to replace the inlets and not use bond proceeds for this project. Council Member McCandless inquired about the amount of time needed for the project. Mr. Menville estimated the project to take thirty days. i I '- A motion was made by Council Member Rushing, seconded by Council Member McCandless to approve $47, 00 Oto improve the. street inlets and drainage and approve a budget amendment to appropriate funds. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: STREEI' IMPROVEMENT BIDS: Consideration was given to bids submitted to improve specific sections of Cason, College and Sunset. The following bids were received: 2 J.!t1 . City Council RegularS:ession, August 23, 1993 Bidder Bie] Craig & Heidt, Inc.. Ray Ferguson Interests $40,320 $36,200 Mr. Menville reported that the hot mix overlay is a temporary improvement to the streets'. The Staff recommended the low bid submitted by Ray Ferguson Interests be approved with a budget amendment. Only $32,000 was appropriated in the budget., Council Member Lewis signed an "Affidavit Regarding Substantial Interest in Real Property" and filed it with the City Secretary. She will abstain from voting on this issue. A motion was made by Council Mernber Fogler, seconded by Council Member McCandless to approve the low bid of $36,200 submitted by Ray Ferguson Interests and approve a budget amendment appropriating the additional funds required. I The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler and McCandless None None Council Member Lewis Voting Nay: Abseht: Abstain: WATER LEAK DETECTIONStJRVEY: Consideration was given to a proposal submitted by JBS Associates to conduct a water leak detection survey. Mr. Tanner stated that a recent water loss audit performed by JBS Associates indicates the Ci.ty is losing approximately 211 gallons of water at a cost of $.0506 each minute in water system leaks. The cost will increase to $.2005 each minute when the City converts to surface water. If the water system leaks can be eliminated,' the City will save a significant amount of money each month. Mr. Tanner stated that the Staff recommended that JBS Associates ~ be engaged to conduct a water leak detection survey. i 3 '.19 · ,;~ City Council Regular Session, August 23, 1993 A motion was made by Council Member Rushing, seconded by Council Member Lewis to approve the engagement of JBS Associates to conduct a water leak detection survey for an amount not to exceed $10,200. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: AMENDMENT OF COOPERATIVEAGP~: Consideration was given to an amendment of the 1994-1996' Community Development Block Grant Cooperative Agreement with Harris County. The Harris County Community Development Agency was informed by the United States Department of Housing and Urban Development that its cooperative agreement with area cities must be amended before C.D.B.G. funds can be approved. L A motion was made by Council Member Fogler, seconded by Council Member Rushing to approve the amendment to the Community Development Block Grant Cooperative Agreement as presented. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCartdless None None Voting Nay: Absent: ORDrnANCE REQUESTING, HARRIS COUNTY ASSISTANCE: Consideration was given to the second and final reading of Ordinance No. 1466. Mr. Menville reported that in order for Harris County to assist a municipality in maintenance or improvement of public property, the City must pass an ordinance to legalize it. 4 f12p. City Council Regula,):;',:Session, August 23, 1993 Mayor Watson read the caption of the Ordinance as follows: AN ORDINANCE FORMALLY REQUESTING HARRIS COUNTY TO ASSIST WITH RE- STRIPING CERTAIN STREETS OR ROADWAYS; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT~ Copies of Ordinance No. 1466, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member Rushing, seconded by Council Member Fogler to adopt Ordinance No. 1466 on the second and final reading. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None D I . --1 ORDINANCE REVISING COLONIAL PARK SWlMMINGPOOL FEES, FOR NON- RESIDENTS: Consideration was given to the firs't reading of Ordinance No. 1465. Mark Mailes, Parks and Recreation Director, stated that the enactment of the ordinance will formally increase non-resident fees at the Colonial Park Swimming Pool. Mayor Watson read the caption of the Ordinance as follows: AN ORDINANCE REVISING CERTAIN FEES FOR THE USE OF THE COLONIAL PARK SWIMMING POOL AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT Copies of Ordinance No. 1465, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member McCandless, seconded by Council Member Fogler to adopt Ordinance No. 1465 on the first reading. 5 .21.. City Council Regular Session, August 23, 1993 Voting Aye: The motion was voted on with the following result: Voting Nay: Absent: ADJOURNMENT: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None With no further business to come before the Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Fogler to adjourn the regular session. The regular session adjourned at 8:15 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY L 6 l rl -'-'--' -\ , i I I 41/4 ? /122 CITY COUNCIL WORKSHOP SESSION MONDAY, SEPTEMBER 13,1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on September 13, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police ChieI, Fire Chief and Parks and Recreation Director were also present. AGENDA REVIEW: The City Council reviewed the items listed on the regular session agenda. Council Member Fogler commented that she did not approve of the consent agenda. She felt that the Council ;hasa responsibility to discuss and vote on each issue. Mike Tanner, City Manager, stated that any item-may be removed from the cOhsentagehda at the request oiehe iMayor or Council Member. MATTERS RELATING TO THE APPOINTMENT OFBOARD~ .C9MMISSIONS. COMMITTEES AND TASK FORCES : Council Member Fogler asked why the resolutions and ordinances did not achieve the goal of having all the members begin and end their term at the same time. Jim Dougherty, City Attorney, reported that two of the Boards were contained in the City Charter and could not be changed. They are set up for a :two-yearterm from the 'time of appointment. Council Member Fogler commented that she was surprised to see that a Chairman had been selected to the Capi'tal Improvements Task Force. She stated that she thoughttheCbuncil had decided to let the Task Force select their own chairperson. Mayor Watson commented that he had spoken with Bill Mackey and he expressed a desire to serve as Chairman of the Task Force. MATTERS RELATED TO ORDINANCE NO. 1467: Mr. Tanner reported that ordinance no. 1467 codified decisions that the City Council and Staff have made since their 23 · city Council Workshop Session, September 13, 1~93 orientation. This includes City Council rules and procedures, it establishes a basic government organization and it establishes a list of boards, commissions and committees as well as a health authority. NEIGHBORHOOD PROTESTS: The City Council discussed neighborhood protests and security measures to be taken. Steve Griffith, Police Chief, spoke to the Council about the Police Department's current enforcement procedures for the picketing ordinance. Chief Griffith stated that it was their belief that they are currently enforcing the residential picketing ordinance in a manner that is consistent with the Supreme Court's application. The Police Department will increase their presence at an abortion protest by parking a patrol car in the driveway and by placing an officer in front of the residence. Chief Griffith recommended that the ordinance be changed to regulate the allowable time of the protest and the number of protesters that can picket. The City Council askeo the Police Chief to put together an amended ordinance for the Council's consideration. COMMONICATION . PROGRAM: The City Council considered a program recommendation presented by Larry Massey of the Communications Committee. Mr. Massey requested that the Council give him their final consensus of the citizen survey so that the mailing would not be delayed. ' Mr. Tanner_suggested rephrasing a few of the questions on the survey. Council Member Fogler commented that she disapproved ofa survey with yes or no answers. She preferred to have a more traditional form of survey that gives people a range of choices. Council Member Fogler expressed her concern about who would take the answers, interpret them and give the Council some valuable results. She stated that she felt a professional group should be engaged to do the survey. Council Member McCandless stated that he had expressed some of Council Member Fogler'S same concerns the night the Council voted 2 City Council Workshop Session, September 13, 1~93 124. on the issue. He stated that he had come to the conclusion to give the Communications -Committee an opportunity facio the survey. Council Member Lewis stated that by giving the Communications Committee the opportunity to do the survey, the City could possibly save $4,000. If the survey does not give the results that the Council is looking for then an outside consulting group could be engaged. A motion was made by Council Member Rushing, seconded by Council Member McCandless to proceed with :the survey as written. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless Council Member Fogler None Voting Nay: Absent: ADJOURNMENT: Mayor Watson adj>ourneclthe workshop session at 7:30 p.m. to convene in regular session. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY i I 3 l l --1 ---, 1 I ~ -----, I i \ I ~ JVl1r7 J. C ;. tiff qJ?- CITY COUNCIL REGULAR SESSION MONDAY, SEPTEMBER 13, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on September 13, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, Ci~y Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief and Parks and Recreation Director were also present. Dr. M. Douglas Harper, Jr., of St. Andrew's Presbyterian Church delivered the invocation and Council Member McCandless led the Pledge of Allegiance. CONSENT. AGENDA: ADOPTION .OFBY -LAWS:FOR THE FRIENDS OF 'WEST 'UNIVERSITY PARKS ~-: Consideration was given to resolutions adopted by the Friends of West UniversityPa-:tks Fund which amended the Articles of Incorporation, amended ,the By-Laws and changed the registered agent. RESOLUI'ION ,APPOINTING'THECOMMDNICATIONSCOMMITTEE: Consideration was given to Resolution No. 93-12 (A RESOLUTION PROVIDING RORTHEAPPOINTMENT OF THE COMMUNICATIONS COMMITTEE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . RESOLUTION APPOIN'pING THEBUILDmG AND STANDARDSCOMl([SSION: Consideration WaS given to Resolution No. 9.3-13 (A RESOLUTION PROVIDING FOR THE APPOINTMENT OF THE BUILDING AND STANDARDS COMMISSION; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT). RESOLUTION APPOINTING THE PARKS AND RECREATION BOARD : Consideration was given to Resolution No. 93~14 (A RESOLUTION PROVIDING FOR THE APPOINTMENT OF THE PARKS AND RECREATION BOARD) . RESOLUTION APPOINTING THE SENIOR SERVICES BOARD: Consideration was given to Resolution No. 93-15 (A RESOLUTION PROVIDING FOR THE APPOINTMENT OF THE SENIOR SERVICES BOARD) . 26-. . City Council Regular Session, September 13, 19::13 RESOLUTION APPOmrING THE ZON"TN'l:: 'ROll.'Rn Oli' 2H'\,TT~'T"M'm.1"r: Consideration was given to Resolution No. 93-16 (A RESOLUTION FOR THE APPOINTMENT OF THE ZONING BOARD OF ADJUSTMENT; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . RESOLUTION APPOmrING THF. 7.0N'TN'(:! ll.l\m 'PT.n.'t\ItJTlJt':! COMNISS:IONz Consideration was given to Resolution.No. 93-17 (A RESOLUTION PROVIDING FOR THE APPOINTMENT OF THE ZONING AND PLANNING COMMISSION; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . RESOLUTION CREA.T:rNn ANn ll. 'P'POTh'fTlThlr.! 'DT Amr.D1CE CHARTER' ,REVIEW COMMITTEE : Consideration was given to Resolution No. 93-18 (A RESOLUTION CREATING AND PROVIDING FOR THE APPOINTMENT OF AN ADVANCE CHARTER REVIEW COMMITTEE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . RESOLUTION ,CREATING AND APPOINT~ ll. ,'RTTTT.nnn 'QTm.LI:TY . TASK FORCEs Consideration was given to Resolution No. 93-19 (A RESOLUTION CREATING A BUILDING QUALITY TASK FORCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; DEFINING DUTIES OF SUCH TASK FORCE; PROVIDING,THE LENGTH OF SERVICE; APPOINTING CERTAIN PERSONS TO SERVE AS MEMBERS THEREOF AND PROVIDING AN EFFECTIVE DATE) . RESOL'OTIONCREA.T]'N'(.I ll.Nn ll. 'P'POTh'i"rnn ACAPITJU. D1PR~S TAEK FORCE: u Consideration was given to Resolution No. 93-20 (.1\.RESOLUTION CREATING A CAPITAL IMPROVEMENTS TASK FORCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; DEFINING DUTIES OF SUCH TASK FORCE; PROVIDING THE ,LENGTH OF.SERVICE; APPOINTING CE:RTAINPERSONS TO SERVE AS MEMBERS THEREOF; PROVIDING AN EFFECTIVE DATE; ABOLISHING THE STRATEGIC ACTION COMMITTEE AND REPEALING RESOLUTION NUMBER 91-18 WHICH CREATED AND DEFINED THE DUTIES OF SUCH COMMITTEE) . RESOLUTION CREATING AND APPOmrING AN' F.NVT'R~ll.T. ISSUES COMMITTEE : Consideration was given to Resolution No. 93-21 (A RESOLUTION CREATING AN ENVIRONMENTAL ISSUES COMMITTEE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; DEFINING DUTIES OF SUCH COMMITTEE; PROVIDING THE LENGTH OF SERVICE; APPOINTING CERTAIN PERSONS TO SERVE AS MEMBERS THEREOF AND PROVIDING AN EFFECTIVE DATE) _ 2 ---- City Council Regular Session, September 13, 19~3 l ----" RESOLu.rION APPODlTING ,MEMBERS TO THE FRIENDS OF 'WEST T'JN'T'VF.R~TTV' PARKS FUND: Consideration was gJ.:ventO.Resolution No .93~22 (A RESOLUTION APPOINTING MEMBERS OF THE BOARD OF THE FRIENDS OF WEST UNIVERSITY PARKS FUND, A NON-PROFIT CORPORATION; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . RESOLtrrION THAT APPROVES THE CERTIFIED TAX ROLL, ASSESSOR.. COLLEC'I'OR CERTIFICATE AND pF.1' .~TED INFORMATION: Consideration was given to Resolution No. 93-23 (A 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) . COPIER. LEASE: Consideration was given to the lease of 5 copiers mass bid by the State. I TRANSPORTATION ,IMPROVEMENT .AGREEMENT: Consideration was given to a Transportation Improvement Agreement with Metro and the City of Bellaire for Bissonnet Street reconstruction. CITY 'COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted on August 9, 1993 (b) Regular Session conducted on Augus't 9, 1993 A motion was made by Council Member McCandless, seconded by Council Member Rushing that the consent agenda be approved in accordance with Staff recommendation. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: ---, 3 28. :f City Council Regular Session, September l3, 19~3 ORDINANCE REVISING.COLONIAL PARK ~,'POOT.,~~.FOR.'NON- RESIDENTS: Consideration was given to the second and final reading of Ordinance No. 1465 Mark Mailes, Parks and Recreation Director, statedthat'the enactment of the ordinance will formally increase non-resident fees at the ,Colonial Park Swimming PooL Mayor Watson read the caption of the Ordinance as follows: AN ORDINANCE REVISING CERTAIN FEES FOR THE USE OF THE COLONIAL PARK SWIMMING POOL AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT Copies 'of Ordinance No. 1465, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member Lewis, seconded by Council Member Fogler to adopt Ordinance No. 1465 on the second and final reading. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: ORDINANCE AMENDING CHAPTER TWO OF THE CODF. nli' nRnT'l\'m:'f\'I't"IIi!~. Consideration was given to the first reading of Ordinance No. 1467. Mayor Watson read the caption of the Ordinance as follows: AN ORDINANCE REFORMING THE ADMINISTRATION AND ORGANIZATION OF THE GOVERNMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING THE CODE OF ORDINANCES OF SAID CITY; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Mike Tanner~ City Manager, stated that the ordinance will amend and change the City Council rules and procedures, reorganize and establish certain boards, commissions, committees and health authority and delegate specific authority staff performs in basic transactions day to day. 4 -I ---' .L'-7. City Council RegulC:lrSession, September 13, 19::13 Copies of Ordinance No. 1467, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member Rushing, seconded by Council Member McCandless to adopt Ordinance No. 1467 on the first reading. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: OATH OF OFFICE: Mayor Watson administered the Oath of Office. to Board, Commission and Committee members. ~: With no further business to come before the Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Fogler to adjourn the regular session. The regular session adjourned at 8:10 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 5 ~ :.J'~'" '-- l ~ l ~ CITY COUNCIL WORKSHOP SESSION MONDAY, S.I!iJ:"J..JSl.'t!BER 23, 1993 M1JNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. ~)/13 130 The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on September 23, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis and McCandless. The City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief and Parks and Recreation Director were also present. Council Member Rushing was absent. DISCUSS PROPOSED 1994 BUDGET: The City Council reviewed the proposed 1994 city budget for fiscal year 1994. Mayor Watson supported fee increases over a tax increase for the 1994 budget. He felt that the user should pay for the service. Council Member Lewis expressed concern over the significant increase in fees for sanitation services. Council ,Member Fogler commented that she thought the City Council had reached a different :philosophical determination when the Council had discussed funding the bonds. She remembered the Council as deciding that they liked the deductibility of the taxes and the idea of an ad valorem tax increase rather than stacking the infrastructure costs as fees. Mike Tanner, City Manager, suggested that the Council begin by reviewing the proposed budget to make sure costs are no more than they have to be. He stated that there is little difference between the 1994 budget and the 1993 budget. There is only a $3,090 difference in the general fund and $88,570 difference in the ~tility fund. Mr. Tanner reported that there are significant line item reductions and also a policy change. This change moves away from an increase in the ad valorem tax rate toward an increase in user fees. Approximately 60 pfthe rates, fees and charges will have to increase in order to accomplish what is required in the 1994 budget. The Staff is making a basic assumption that the City Council will continue to support a zero tolerance policy in building and police. The budget is predicated on the construction of 150 new homes. Garbage bag distribution is eliminated in the 1994 budget. A utility rate increase is not proposed at this time. The purchase of treated surface water from the City of Houston is not included in the 1994 budget because information is still needed to make a determination on cost. .31 · City Council Workshop Session, September 23, 1993 The City Council discussed 1994 Capital Improvements and reviewed the requested unfinanced needs by the City Staff. The City Council requested that the Staff review the Senior Citizen's discount on garbage collection and the tax rate increase required to reduce the solid waste rate. With no further business to come before the City Council at this time, a motion was made by Council Member Fogler, seconded by Council Member Lewis to adjourn. The workshop adjourned at 10:10 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 2 /1fT...,.... 11!4 3 IOj' 132 CITY COUNCIL WORKSHOP SESSION MONDAY, S:.t!i1'.1.JSl.'t!BER 27, 1993 MUNICIPAL BUILDmG 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on September 27, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, .Finance Director, Police Chief ,Fire Chi~ef, Building Official and Parks and Recreation Director were also present. AGENDA REVIEW: The City Council reviewed the items listed on the regular session agenda. CITY CtJRRENTS: I J The City Council .considered the production, distribution and cost of the City Currents. Larry Massey, Chairman of the Communications Committee, proposed that the City Currents be changed to direct mail instead of included in the water bills. He suggested incorporating the Senior Services and recreation schedule information in City Currents to reduce the cost of 'the mailings. The format would be changed to allow a space on the back for a pre-printed bulk postage number. Labels would have to be applied individually. Residents would be able to receive City Currents at the same time instead of split mail~ngs. Mr. Massey suggested that the water bills be changed to post card format. The format would be similar to what residents currently receive as their Entex bill. The City would be able to print the bills on in-house equipment, and because of the post card format, the bills would not require any expenses associated with labeling and sorting. Council Member Fogler asked if the water bill would be in an envelope. Mr. Massey stated that the bill would,not be in an envelope or have a return envelope. The return address would be printed on the card. Council Member Rushing asked if there would be a difference in -I man-power to make the change. I ~ Chris Taylor, Finance Director, stated that the post card format would not have any affect on man-power but would decrease the ~.It 33-. '1'" , , City Council Workshop Session, September 27,1993 cost for postage and stuffing. City Manager, Mike Tanner, reported that the City Council would need to address a budget amendment for City Currents in the next budget workshop session on Thursday night. TREE ,PRESERVATION: ....../'< ~ The City Council considered a review of the ~ree Task Force Report and discussed Tree Preservation Program changes. The Tree Task Force recommended cha~ges to the Tree Ordinance provisions. These changes included root protection, enforcement, interactions with other governmental bodiesaud utilities, communications and tree replacement. The Task Force suggested the adoption of a tree replacement trust fund. The trust fund will allow property owners and developers to invest in a trust fund held by West University, which will cover unavoidable losses for which they are responsible under the Tree Ordinance. The money accumulated in the fund will be used to provide off..,site replacement trees when impact avoidance or on-site replacement is not feasible or desired by the property owner. Jim Dougherty, City Attorney, stated that the report had two main amendments. One is to set up the tree trust and the other is to delete a paragraph out of the Criteria Manual. This paragraph states that a reduction may be allowed in the number and sizes of replacement trees if certain circumst_ances are present. Mr. Dougherty stated that there are three approaches for the 1993 amendments to the tree ordinance. The City Council can adopt both amendments as proposed in the report or they can adopt both amendments, but with the following included: a. Use scientific forestry criteria to establish a "par" level of urban tree cover. The ordinance would not require more than par for any site. b. Allow the permittee to chose: (i) replanting on site, (ii) replanting off site, but nearby, at places satisfactory to the permittee, (iii) contributing to a Tree Trust, but only for trees to be planted nearby, at places satisfactory to the permittee. c. Require all off-site trees to be located where they will, provide benefits to -the public at large, not just private persons, and where they are likely to live indefinitely. Require the owner of the land to a sign a "host" card. d. Provide for more than one Tree Trust. Allow a non-city agency to set up a Tree Trust. Let the permittee chose the Trust. Require paYments to be spent quickly. 2 l~Lj.. (. l City Council Workshop Session, September 27, 1993 -.-1 '.:,,,.. e. Allow a permittee to put up a bond or other security to avoid delaying a project while working out a dispute over tree planting. The third approach is to adopt only the Tree Trust amendment, including the features indicated above. The City Council requested that the City Attorney draft an ordinance for their consideration. Mayor Watson recessed the workshop session at 7:30 p.m. to convene in regular session. At 8:25 p.m., Mayor Watson reconvened the workshop session with, the following present: Mayor Watson presiding; Council Members Fogler, Lewis, McCandless and Rushing. Staff members present were the City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief, Parks and Recreation Director and Building Official. Mayor Watson had previously signed an affidavit regarding ~ substantial interest in real propertyahd filed it with the City I Secretary. He did not take part in the discussion of the pool I ordinance. Mayor Pro-Tern Rushing led the discussion of the swimming pool ordinance. ORDINANCE REVISING, SWIMMING POOL STANDARDS: The City Council discussed proposed Ordinance No. 1468 (AN ORDINANCE RELATING TO SWIMMING POOLS AND BUILDING REGULATIONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; ADO,PTING A STANDARD CODE WITH AMENDMENTS; PRESCRIBING A PENALTY AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . Ed Menville, Public Works Director, stated that one of the key elements in the ordinance is the adoption of the 1991 Standard Swimming Pool Code with amendments. There are provisions in the ordinance that require an alarm system on doors leading to the pool and also a requirement for self-latching and self-closing gates. J Ed Beasley, Building Official, provided the Council with an estimate of costs to alter fences around pools. Mr. Beasley pointed out that the Standard Swimming Pool Code required a four 3 3 5 ~ l' City Council Workshop Session, September 27, 1993 foot high fence. The City is staying with their requirement for a six foot high fence. The Ordinance amends the Code in that, if a resident has a self-latching, self closing door, than the alarm will not be required. Mr. Tanner suggested that if the Council decides to go forward with an ordinance that is retroactive, then residents should be notified and a public hearing should be held to give people an opportunity to be heard. The City Council agreed to consider the adoption of the swimming pool ordinance at the next regular session without the retroactive provision. An amendment to the ordinance will be presented at a public hearing at a later date. NEIGHBORHOOD PROTESTS: The City Council discussed neighborhood protests and security measures to be taken. Mr. Dougherty reported that a court in Brookfield, Wisconsin upheld an ordinance which prohibited residential picketing. The court spelled out that regulations in a picketing ordinance must be content-neutral, that is, they cannot distinguish between prohibited and permitted speech on the basis of content. The regulations must be "narrowly tailored to serve a significant government interest" and the ordinance must leave open ample alternative channels of communications". Mr. Dougherty stated that the Staff will be recommending ordinance amendments that will impose reasonable time, place and manner restrictions on parades in general, including all types of parades, processions and picketing in residential areas. Amend the anti-picketing ordinance to provide a "bright line" test for violations. Amend the advertising ordinances to prohibit all non-official signs in the street rights of way. Clarify and limit what the anti-handbill and anti-soliciting ordinances prohibit. Mr. Dougherty commented that there is still work to be done in regard to the ordinance. The City Council recommended that the City Attorney proceed in the same direction with the amendments. The City Attorney left the meeting at 9:05 p.m. ,~ '~ 4 ~ I -----1 l ~.i -I ~ t City Council Workshop Session, September 27,'1993 BOARDS. COMMISSIONS. COMMITl'EES AND TASK FORCES: The City Council discussed the missions, orientation and direction of advisory bodies, Boards, commissions, committees and task forces. Mr. Tanner stated that there were some basic issues that needed to be addressed. He asked if each group needed to have a formal orientation and if a member of Staff or a representative of the City Council needed to be assigned to each group. The City Council agreed to each be assigned as a contact person to a different board, commission, committee and task force. Mayor Watson Council Member Rushing Council Member Fogler Advance Charter Review Committee Capital Improvements Task Force Building Quality Task Force Zoning & Planning Commission Environmental Issues Committee Parks & Recreation Board Communications Committee Council Member McCandless Council Member Lewis ADJOURNMENT: With no further business to come before City Council at this time, a motion was made by Council Member Lewis, seconded by Council Member McCandless that the workshop session adjourn. Such motion carried and the meeting adjourned at 10:00 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 5 [ l ~ I i t1/t;;jf313 r CITY COUNCIL -REGULAR SESSION MONDAY, SEPTEMBER 27, 1993 . MONICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 -P.M. The City Council convened in Regular S,ession in the Municipal Building (3800 University Boulevard) on September 27, 1993, with the following members present: ',Mayor Watsop. presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, 'Public Works Director, Finance Director, Police Chief, Fire Chief, Building Official and Parks and Recreation Director were also present. 'Mayor Watson delivered the invocation and Coun.cilMember Rushing led the Pledge of Allegiance. CITIZENS COMMENTS: Mayor Watson invited residents who wished to address the City Council to come forward as their names were called. Mike Eason, a resident at 3323 Bissonnet, informed the City Council that West University Place received the Rookie of the Year Award for National Night Out. West U is one of eight in Nation to_receive the Award. Mr. Eason stated that they will holding a press conference .whenthe plaque and awards arrive. invited everyone to attend the conference. the be He Paul Trieschman, a resident at 3010 Albans, spoke to the Council about the West University-Saintes, France Exchange Program. On October 22 - October 29, a group of French people will be visiting West University Place. Mr. Trieschman requested that the City help fund the entertai:nment and activities of this group again this year. Mayor Watson asked Mr. Trieschman to put his request in writing and requested that this item be placed on the agenda for the next regular session. Ted Eubanks, a resident at 2701 Amherst, requested that the City Council consider putting a four-way stop sign at Amherst and Annapolis. Joan Jordan, a resident at 2804 Nottingham, informed the Council that Urban Forestry Week is October 11 - October 16. One of the activities is a workshop on October 12 on tree ordinances. On Friday, October 15 at 11:30 at the Allen Park Inn, the West University Place Tree Ordinance will be given the President's Award. This is highest award given by the organization. She invited everyone to attend. .88 · <,~ , .", City Council Regular Session, September 27, 1993 REQUEST TO' HANG BANNER ACROSS $=t'T'RR1f!"r: Consideration was given to a request from the West University Elementary School Parent Teacher Association to hang a banner across a street to promote its auction and carnival. Mike Tanner, City Manager, reported that there were not two suitable poles on University Boulevard that will car:ry the banner. He asked that the Council approve the request from the PTA and the Staff will agree later on the site of the banner. A motion was made by Council Member Rushing, seconded by Council Member Lewis to give the Staff blanket authority to select a location for the PTA's banner to promote their auction and carnival. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: ORD~ AMENDlJ'lG CHAPTER 'lWO OF THE CODE OF ORnTT\m~~. Consideration was given to the second and final reading of Ordinance No. 1467. Mayor Watson read the caption as follows: AN ORDINANCE REFORMING THE ADMINISTRATION AND ORGANIZATION OF THE GOVERNMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING THE CODE OF ORDINANCES OF SAID CITY; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1467, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member Fogler, seconded by Council Member McCandless, to approve Ordinance No. 1467 on the second and final reading. 2 1~'1. l ~, City Council Regular Session, September 27, 1993 The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: BIDS FOR COLONIAL PARK SWlNMINGPOOL IMPROVEMENTS: consideration was given to bids received September 17, 1993 for Colonial Park Swimming Pool improvements (Pump house and restroom rehabilitation) . Mark Mailes, Parks and Recreation Director, stated that the City had received sealed bids for the rehabilitation of the pump house and restroom at the Colonial Park Swimming Pool. The following bids were received: Bidder Amount of Bid C&H Construction Company Hummel Construction Company DCI/Houston $ 6,562.50 $6,914.56 $11,322.00 The Staff recommended the low bid of $6,562.50 submitted by C&H Construction Company. Council Member Fogler asked if this is a budgeted item, and if so, is it within budget. Mr. Mailes reported that the project is a budgeted item but exceeds the amount budgeted by $500. Mr. Tanner stated that the Recreation Department would transfer money within their budget to cover the excess. A motion was made by Council Member McCandless, seconded by Council Member Fogler, to approve the low bid in the amount of $6,562.50 submitted by C&H Construction Company for the rehabilitation of the pump house and restroom at Colonial Park. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: 3 .40-. .~~~ City Council Regular Session, September 27, 1993 RECLASSIFICATION OF POSITION IN TRF. F~~ n1i!P~~'tI'x1EN:l:". Consideration was " given "to the reclassification of a Receptionist/Secretary position in the Finance Department. Chris Taylor, Finance Director, stated that the Staff is recommending that the position of secretary/receptionist be eliminated and to reclassify the position into a customer service representative. This will include the elimination of a person to man the PBX system and move to. direct dial phones. Amotion was made by Council Member Lewis, seconded by Council Member Rushing, to accept the Staff's recommendation to reclassify the Receptionist/Secretary position in the Finance Department. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: ENGAGEMENT OF CONSULTING IJRRAN 1i'ORF.~rrw.R. The City Council considered the engagement of a consulting urban forester to develop plans and specifications for the protection of trees during Priority Area 2 (College/Oberlin) reconstruction. Ed Menville, Public Works Director, stated that bids were received from Forestry Associates, S.L. Anderson Company, Burditt Associates and Foster's Tree Service. Mr. Menville stated that the Staff is recommending Forestry Associates primarily because of their ability to put together specific plans and specifications related to each tree in the area. Council Member McCandless asked Mr. Menville if the cost submitted by Forestry Associates is a fixed cost. Mr. Menville reported that the price is fixed. Forestry Associates will also assist the City in the selection of an arborist to do any necessary pruning and feeding of the trees. There will be a '-- 4 ll.J.l. j City Council Regular Ses.sion, Septe::tber 27, 1993 separate cost .for the arborist. A motion was made by Council Member Fogler, seconded by Council Member McCandless, to approve the engagement of Forestry Associates to be the consulting urban forester in Priority Area 2 (College/Oberlin) . The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: CITY .COUNCILMEETING MINUTES.: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted on August 23, 1993 (b) Regular Session conducted on August 23, 1993 (c) Workshop Session conducted on September 13, 1993 (d) Regular Session conducted on September 13, 1993 A motion was made by Council Member Fogler,'seconded by Council Member Lewis to approve the minutes of August 23 and September 13, 1993. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: RESOLUTION RECOGNIZING LEE LOCKARD: Consideration was given to Resolution No. 93-25 recognizing Lee Lockard for her service to the City of West University Place. 5 . .42. if City Council Regular ,session, September 27, 1993 Mayor Watson read Resolution No. 93-25 A motion was made by Council Member McCandless, seconded by Council Member Rushing, to approve Resolution No. 93-25. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: COUNCIL COMMENTS: Council Member Fogler commented that she was pleased with all the efforts by the volunteers in West University Place and for all the awards the City is receiving. Council Member Rushing thanked Mr. and Mrs. Trieschman for their involvement with our Sister City, Saintes, France. Council Member Lewis encouraged everyone to answer the survey included in City Currents. Mayor Watson recommended that West University Place have a flag to represent the City. He suggested having a contest with the elementary school children or any adults who would like to participate in designing a flag for the City. STAFF REPORT: Mr. Tanner stated that he felt that there would be a good return of the surveys. ADJOURNMENT: With no further business to come before the Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Fogler to adjourn the regular session. The regular session adjourned at 8:15 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 6 N i J \ -' ----, I I ~/ /~;1/13 143 CITY COUNCIL WORKSHOP SESSION THURSDAY, SEPTEMBER 30, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on September 30, 1993, with the following members present: Mayor Watson presiding, Council Members Rushing, Fogler and McCandless. The City Manager, City Secretary, Public Works Director, Finance Director, Police Chief, Fire Chief and Parks and Recreation Director were also present. Council Member Lewis was absent. DISCUSS PROPOSED 1994 BtJDGln': . The City Council reviewed the proposed 1994 city budget for fiscal year 1994. Mike Tanner, City Manager, reported that the revenue generated from fines and forfeitures should be changed from $280,000 to $340,000 if the Council desires to stay with zero tolerance. This is an increase of $60,000 in revenue. The trucks for the Solid Waste Management Department in the amount of $136,000 can be taken out of the budget and purchased from the general reserve fund. The expenditure'forCity Currents should be increased to $13,000 to cover the cost of distribution. Mr. Tanner commented that Council Member Lewis had told him that she felt that there is support for privatization in garbage collection. She asked that the Council reconsider the purchase of the recycling truck and sideloader truck. Mr. Tanner stated that a study should be done on privatization before any decision is made. Chris Taylor, Finance Director, reviewed each line item expenditures in each department. The City Council asked the Staff to develop at rate for garbage pick-up based on bulk or use. With no further business to come before the City Council at this time, a motion was made by Council Member Fogler, seconded by Council Member McCandless to adjourn. The workshop adjourned at 10:20 p.m. BILL WATSON MAYOR KA YL YNN HOLLOWAY CITY SECRETARY i I I ~ J J ~ I I -.(,. A/~- , -~ "T vrf ,fJpil/3 - CITY COUNCIL WORKSHOP SESSION MONDAY, OCl'OBER. 4, 1993 MtlNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00P.M. The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on October 4, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis and McCandless. The-City Manager, City Secretary, Public Works Director, Finance Director, Police Chief, Fire Chief and Parks and Recreation Director were also present. Council Member Rushing was absent. DISCUSS PROPOSED 1994 BtJDGln': The City Council considered the proposed 1994 city budget for fiscal year 1994. The City Council discussed a proposal for the ambulance fees charged to Southside Place. Mike Tanner, City Manager state<;i that the Staff established a unit cost and multiplied it times the number of Southside Place residents . The Staff recommended that Wes't university Place provide a transition to pay the fee. This will be 50% in 1994, 75% in 1995 and 100% in 1996. The City Council discussed the acquisition of the new bubble for the Colonial Park swimming pool. The Council agreed that having a bubble over the pool during the winter months was a tradition in West University Place. The City Council agreed to remove $136,000 for the purchase of two trucks from the budget and consider privatization of garbage pick-up. The balance in the budget will be used to meet the unfina~ced needs :proposed by the Staff. Mr. Tanner present-ed the fee schedule for 1994 which included the current fees and the proposed fees. A motion was made by Council Member Fogler, seconded by Council Member McCandless, that a public hearing on the proposed 1994 budget be called for 7:30 p.m. on October 25, 1993, in the Council Chambers of the Municipal Building, 3800 University Blvd, Houston, Texas and that the City Secretary is requested to give notice of the hearing by: (1) posting in the same manner - customarily used for notices of public meetings, and (2) publishing one time not more than 30 days and not less than 10 days before the hearing. [lr5'~~. City Council Workshop Session,_ October 4, 1993 :- L The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Fogler, Lewis and McCandless None Council Member Rushing With no further business to come be.fore the City Council at this time, a motion was made by Council Member Lewis, seconded by Council Member McCandless to adjourn. The workshop adjourned at 9:00 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY L 2 J I I I ! V'II"..........~.,.... ,VI""'I 146 . _..". .". . CITY COUNCIL WORKSHOP SESSION MONDAY, OCTOBER 11, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30P.M. The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on October. 11, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public works Director, Police Chief, Fire Chief, Building Official and Parks and Recreation Director were also present. INTRODUCl'ION OF LANGFORD ENGINEERING PRESIDENT: Dieter Ufer introduced John K.Davis, President of Langford Engineering, Inc. Mr. Davis is a graduate of the University of Texas at Austin and a ten-year veteran of Langford Engineering, Inc. He brings 20 years of civil and municipal engineering expertise to the firm. His expertise is in water and wastewater treatment, utility infrastructure, drainage, paving, sewer rehabilitation, municipal planning, environmental assessments, and construction administration. AGENDA -REVIEW: The City Council reviewed the regular meeting agenda and discussed items under consideration with the Staff. Mayor Watson had previously signed an affidavit regarding substantial interest in real property and filed it with the City Secretary. He did not take part in the discussion of the pool ordinance. Mayor Pro-Tem Rushing led the discussion of the swimming pool ordinance. MATTERS-RELATING TO _ ORDDmNCE REVISING SWlNMINGPOOL STANQARDS: Council Member Fogler asked if in Section 1 (f), the existing enclosure incorporated the door latch and the automatic closures on the door to the house or only the outside fence and enclosure. Ed Beasley, Building Official, reported that this section referred to all enclosures and fences. If the enclosure met the requirements of the current code, then it would not have to be upgraded. Council Member Fogler confirmed that the Council may change the ordinance, after holding a public hearing, to make compliance with this section retroactive. L 4 ( .t~ Jim Dougherty, City Attorney, commented that the new ordinance did require self closing and latching doors those with direct access to the pool areas. MATrERS RELATING TO SURFACE WATER. SUPPLY CONTRAcr: Mr. Dougherty stated that the City the surface water stipplycontract. contract may be the most expensive Council has ever voted on. received a final version of He emphasized that this single project that any City Mr. Dougherty reviewed the contract with the City Council. He pointed out that on or before May 1, 1994, West University Place is required to implement a water conservation program as required by the Texas Natural Resource Conservation Commission. He also reminded the Council that the rate is not fixed for the life of the contract but is subject to revision. MATI'ERSRELATINGTO FUEL m,'ORAGE TANK CONSTRUcrION .AND REMEDIATION: Ed Menville, Director of Public Works, reported that Dup's, Inc. had been given final payment on their contract with the City in July of 1992 and stated for the record that there would be no further invoices to be submitted for payment. Four months later, Mr. DuPriest of Dup's, Inc. submitted an.invoice in the amount of $6,390.97. Mr. DuPriest claims that the City owes him this money for the purchase of a bond premium covering work relating to the underground fuel .storage remediation. Mayor Watson asked if Dup's Inc. provided the City with a service for which .they have not been paid. Mr. Menville commented that Mr. DuPriest had not provided anything that would prove the City owes him any money. Mr. Tanner added that Mr. DuPriest had not gone to any lengths to fully explain and justify the payment. The City has essentially received an invoice and a demand for payment from Dup's, Inc. MATrERS RELATING TQ A STREET DfPROVEMENT CHANGE ORDER: Mr. Menville reported that the change order relates to curb work on the North side of Cason Street. The original street project only provides for the repair of the driving portion of the roadway. On Cason Street, the area in front of the curb is always saturated. Mr. Menville requested that the Council authorize option #1 which is to replace the base, two feet in front of the curb with 18 inches of cement, stabilized material and leave the curb as is. Mr. Menville reported that residents in the area are requesting ] l ---1 ----r I l'fO City Council Workshop Session, October 11, 1993 ';1":;; :2' -~: . ;. ~ - -::~:.. :;; . '.: -~ ~ the City consider other options. One is to readjust all curb on the north side of the block or to adjust all curb and add 18 inches of cement stabilized base to two feet in front of the curb. A fourth option would be to remove all curb and replace it with a new curb including stabilized base as required. Mr. Menville recommended that option #1 be approved as a minimum. The other requests by the residents are optional and are not part of the original scope of the project. NEIGHBORHOOD ~J...J..tlG: The City Council will consider this agenda item during Council Comments at the regular session. ADJOURNMENT: Mayor Watson adjourned the workshop session at 7:30 p.m. to convene in regular session. 3 ~ I I'iW~. f ol~C!:JJCj CITY COUNCIL REGULAR SESSION MONDAY, OCTOBER. 11, 1993 MONICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. 149 The City Council convened in Regular Session in the. Municipal Building (3800 University Boulevard) on October 11, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Public Works Director, Police Chief, Fire Chief t .Building Official and Parks and Recreation Director were also present. Mayor Watson delivered the invocation and Council Member Fogler led the Pledge of Allegiance. CITIZENS. COMMENTS: Mayor Watson invited residents who wished to address the City Council to come forward as their names were called. Turner Cochran, a resident at 6648 Wakeforest,spoketo the Council about curb repairs and drainage on Cason Street. He expressed concern about the standing water and the potential health problems it may cause. He asked the Council to do whatever possible to solve the d.rainage problem. Council Member Rushing asked Ed Menville, Public Works Direct-or, if the repa-irs he recommended on the street would alleviate the drainage problem. Mr. Menville stated that the drainage problem will not be eliminated totally. It will be better than it is now and definitely better than some other areas in the City. RESOLUTION.APPOINl'INGMEDICALDIRECrOR. ANDHEALTH.A'Q'rHORITY: Consideration was given to Resolution No. 93-'"24 appointing Dr. Dale Kester as Medical Director and Health Authority. Terry Stevenson, Fire Chief, reported that State Law.requires the City to appoint a Physician as .Director of Emergency Medical Services. stringent requirements are placed on the Medical Director and knowledge of current pre-hospital treatment procedures and equipment are essential. Dr. Dale Kester, who currently acts as the City'S Health Officer, is an Emergency Room Physician and has agreed to serve as the City'S Medical Director and Health Authority. A motion was made by Council Member Lewis, seconded. by Council Member McCandless, to adopt Resolution No. 93-24 appointing Dr. Dale Kester as Medical Director and Health Authority. 50. It:. City Council Regular Session, October 11, 1993 Voting Aye: The motion was voted on with the following result: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None RESOLUTION APPOINTING MEMBERS TO BUILDING QUALITY TASK FORCE: Consideration was given to Resolution No. 93-26 and the appointment of members. to the Building Quality Task Force. Mayor Watson stated that Bob Semands, Chairman of the Building Quality TaskForce, recommended the City Council appoint three additional members to the Task Force. A motion was made by Council 'Member McCandless, seconded by Council Member Rushing to adopt Resolution No. 93-26 appointing members to the Building Quality Task Force. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Couneil Members Rushing, Fogler, Lewis and McCandless None None APPO~OF REPRESENTATIVES TOHQUSTON-GALVESTON AREA COUNCIL: Considerati()nwas~giventothe appointment of West University Place representatives to the Houston-Galveston Area Council's 1994 General Assembly. Amotion was made by Council Member Fogler, seconded by Council Member Lewis, to designate Council Member Stan McCandless as the City'S representative to the Houston-Galveston Area Council's 1994 General Assembly and Council Member Tom Rushing as the alternate representative. Voting Aye: The motion was voted on with the following result: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None 2 .l VI J City Council Regular Session, October 11, 1993 FLAG DESIGN CONI'EST: Consideration was given to a contest to design a City of West University Place flag. Mayor Watson stated that he would like for West University Place to have a flag to represent the City. He suggested having a flag design contest opened to all residents in the City. Council Member Lewis suggested putting the details of the contest in the City Currents. The City Council agreed to have the prize for the chosen flag design to be an annual family membership to Colonial Park. The deadline for an entry will be mid-January. ~ A motion was made by Council Member Rushing, seconded by Council Member Fogler, to authorize a flag design contest and that the prize will be an annual family membership to Colonial Park. The motion was voted on with the following result: l I . Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None ORDINANCE REVISING SWDJMING POOL STANDARDS: Mayor Watson had previously signed an affidavit regarding substantial interest in real prQperty and filed it with the City Secretary. He did not take part in the discussion of the pool ordinance. Mayor Pro-Tem Rushing led the consideration of the first reading of Ordinance No. 1468. . Mr. Menville explained that the Ordinance adopted the 1991 edition of the Standard Swimming Pool Code which provides for the protection of the public health, welfare and 'safety. Additional provisions require a four inch spacing between pickets in fences and self-closing, self-latching doors that provide access to the pool areas. ~ Mayor Pro-Tern Rushing read the caption of Ordinance No. 1468 as i follows: I 3 52 · ~ ,..AI ,:. City Council Regular Session, October 11, 1993 AN ORDINANCE RELATING TO SWIMMING POOLS AND BUILDING REGULATIONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; ADOPTING A STANDARD CODE WITH AMENDMENTS.; PRESCRIBING APENALTY.AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1468, in the form required for adoption, were available to all members of the Council. AmotJ:on was made by Council Member Lewis, seconded by-Council Member Fogler, to adopt Ordinance No. 1468 on the first reading. The motion was V'otedon with the following result: Voting Aye.: Voting Nay: Absent: Abstain: Council Members RUShing, Fogler, Lewis and McCandless None None Mayor Watson SURFACE WATER SUPPLY CONTRACT: Consideration' was given toasurface water supply contract with the eity of Houston. Jim Dougherty, City Attorney, stated that the Council had before them the final version of the SurfacleWater Supply Contract to be executed byt'he City of West University Place and the 'City of Houston. The contract is being implemented to satisfy the requirements of ,the Harris-Galveston Coast.al Subsidence District and ,their mandate to convert ,to 80% surface water and 2'0% ground water by March, 1994. It will require a construction project to build the surface water line inWeslayan Street. Mr. Menville stated that the Staff will be submitting a report to the Subsidence District advising them. that the contract has been approved and to request an extension of time for'conversion to surfac.e water. The March, 1994 deadline can not possibly be met by West University Place. A motion was made by Council Member Fogler, seconded by council Member Lewis, to approve the Surface Water Supply Contract between the City of West University Place and the City of Houston and authorize the Mayor and appropriate members of the City Staff to execute the contract on the City'S behalf. 4 ] l I ---, ~~v City Council Regular Session, October 11, 1993 :>~ ~~ Council Member Rushing asked the City Attorney if the City had any financial risks if the March deadline is not met. Mr. Dougherty reported that, on the books, there are penalties. However, the Staff and Subsidence District have been in communication regarding the contract and as long as the City's Staff is doing the best they can, there should not be a loss. Council Member McCandless commented that he felt it is very important to show due diligence by moving quickly on the contract. Council Member Rushing inquired about the funding of the project. Mike Tanner, City Manager, stated that the funding was included in the capital improvement list that was presented during the budget process. The utility fund reserves will have to be used for the surface water contract. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None EMERGENCY WATER WELL REPAIR: Consideration was given to the emergency repair of Water Well No. 9 at the Wakeforest Water Plant. Mr. Menville reported that production of water in water well #9 had reduced substantially and the well is vibrating. It was determined that the 9 stage bowl assembly hadfailed.Th~ estimate for analyzing the pump, making necessary repairs and reinstalling the pump assembly is $41,700. Mr. Menville recommended the appr~val of the emergency repairs and authorization of the appropriate funds. A motion was made by Council Member Rushing, seconded by Council Member McCandless, to approve the transfer of funds tD pay for the emergency repair of well #9. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: 5 :)q.. City Council Regular Session, October 1.:1,1993 The City Attorney left the meeting at 8:07. STREET IMPROVEMENT CHANGE ORDER~ Consideration was given to a change order to improve Cason Street drainage. Mr. Menville recommended that the Council approve the change order-that would allow .the addition. of cement stabilized material in front of the curb on Cason Street. He stated that he had offered other options for the Council's consideration but did not recommend them at this time because they were not part of the original scope of the project. - A motion was made by Council Member McCandless, seconded by Council Member Rushing, to approve the transfer from the general fund to cover the cost of option #1 relating to curb work on Cas.on Street:, as recommended by thePul:>lic Works Director. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None .CEIARLO'l'TE/LAKE AREARECONS'l'RtJCl'ION. ..CHANGE.ORDER: Consideration was given to a change order for water line replacement in Charlotte/Lake Area reconstruction. Mr. Menville stated .t'hat .the Sta.ff is recommending a change order which would allow -the replacement of. an existing water line located in Lake, Plumb, and a portion of TangleyStreet. The wateFo lines in this area were replaced in 1-990 and, at that time, it was determined that the line in question was in good condition. It has been determined recently that several leaks have occurred in the line due' to deterioration. Mr. Menville suggested that the IJ.l1e be replaced with a new line located behind the curb. Dieter Ufer, Consulting Engineer from.Langford Engineering, spoke to the Council about the existing water lines located in the Charlotte/Lake RecOnst.ruction area. He stated that it is in the long-term interest of the City to immediately replace the water lines in question. New pavement has not been placed in the area of the existing water lines, so no time will be lost nor will 6 ] l .. .., "" City Council Regular Session, October 11, 1993 - .:,fl .< ~ demolition of new pavement be required. A motion was made by Council. Member Rushing, seconded by Council Member Lewis to approve change order #2 in the amount of $137,665 in the Charlotte/Lake Reconstruction area. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: ~ STORAGE TANK CONSTRUcrION AND REMEDIATION: Consideration was given to the payment of $6,390.97 to Dup's, Inc. for fuel storage tank construction and remediation. Mr. Menville stated that Mr. DuPriest has requested a payment for the cost of a bond premium related to the underground fuel storage remediation efforts at the City. He reported that Mr. DuPriest had told the previous Council that there were no more outstanding invoices and they then authorized the final payment to Dup's, Inc. This latest request for payment came four months after the Council's action. Mr. Menville recommended not paying the invoice. Council Member Rushing asked, if an oversight had occurred on the part of Mr. DuPriest, could the invoice be reconsidered. Mr. Tanner stated that the invoice could always be reconsidered. A motiQn was made Council Member Rushing, seconded by Council Member Fogler, to deny payment to Dup's, Inc. in the amount of $6,390.97 for fuel storage tank construction and remediation pending further information. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: 7 :JO- City Council Regular Session, October 1.1, 1993 CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Workshop Session conducted on September.. 23, 1.993 (b) Workshop Session conducted on September 27, 1993 (c) Regular Session conducted on September 27, 1993 (d) Workshop Session conducted on September 30, 1.993 (e) Workshop Session conducted on October 4, 1993 A motion was made by Council Meml:>er Fogler, seconded by Council Member McCandless to approve the minutes of September 23, 27, 30 and October 4, 1993 as submitted. The motion was_voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None COUNCIL . COMMENTS : Council Memher Lewis reported that the City has received approximately a 20% response to the Citizen Survey. , L- Council Member Fogler commented that with all theeme:rgency repairs and trans:Eer of funds ,:Eromthereserves,she wanted to :point out how important it is that the City regenerate the reserves that are being spent. She felt that there is a need for a dedicated amount of taxes to go to a capital fund each year. STAFF REPORT: Mr. Tanner asked that the Council discu!3.s the date of the neighborhood meeting to be held at Weir Park. The City Council agreed to hold the meeting on Sunday afternoon, November 14 at 4:00 p.m. The agenda for the meeting will be to hold a public hearing concerning ret:,:-oactive compliance with the swimming pool ordinance. The Police and Fire Departments will have equipment available for viewing and refreshments will be provided. 8 ~ I ---' ! 1 ; ,~ ;.; ( City Council Regular Session, October 11, 1993 ADJOURNMENT: With no further business to come before the Council at this time, a motion was made by Council Member Lewis,' seconded by Council Member Fogler to adjourn the regular session. The regular session adjourned at 8:52 p.m. 9 J l t/f11g/p '10( CITY COUNCIL WORKSHOP SESSION MONDAY, OCTOBER 25, 1993 MtlNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on October 25, 1993, with the following members present: Mayor Watson presiding, Council. Members Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Finance Director, Public Works Director, Police Chief, Fire Chief, Building Official and Parks and Recreation Director were also present. Council Member Fogler was absent. AGENDA REVIEW: The City Council reviewed the regular meeting agenda and discussed items under consideration with the Staff. MATTERS RELATING TO THE AOOPTION OF THE 1994 BUDGET: Council Member Lewis questioned the 3% pay for performance increase for City employees. She commented that she must not have been present at the budget workshop when the pay increases were discussed. She stated that she did not think any companies were giving 6% pay increases and that this might be too extravagant for the City. Mike Tanner, City Manager, commented that there are some principles that can be discussed and debated concerning the pay for performance if the Council wished to do so. Mayor Watson stated that the 6% increase was not an across the board increase. Mr. Tanner reported that the budget provided for a 3% cost of living increase for all employees and the potential for an additional 3% merit increase. The City Council agreed to adopt the budget ordinance on the first reading with an amendment to hold implementation of the pay for performance plan until further discussion by the City Council. MATTERS RELATING TO. THE TREE PRESERVATION ORDINANCE: Linda Day, Chairman of the Tree Section of the EIC, reported that one significant change to the Tree Ordinance is the addition of a Tree Bank. The Tree Bank would be any person or entity that has an on-going program for planting trees and is operated on a not- for-profit basis. Ms. Day stated that any homeowner who is 59. ._~ City Council Workshop Session, October 25, 1993 required to plant a certain number of replacement tree inches but no longer has the room on their lot would purchase trees from the Tree Bank. The Tree Bank will set the p~ice based on actual costs for planting and maintaining the trees for one year. After purchasing the trees, the applicant will receive a certificate which is taken to the City'S Building D~partment. This certificate counts as if the trees were already planted. The Tree Bank keeps track of how many replacement trees are purchased. The City or citizens can use these trees to rebuild the urban forest. There is also a change in Section 3.2.6 in the Criteria Manual under Enforcement Criteria. This section states that a certificate of occupancy may be issued before the Minimum Planting Standard is attained provided that a person posts a fiscaL security in an amount equal to the going rate for installed trees with a one-year guarantee, plus 15% to cover administrative costs. Council Member McCandless stated that he had only received the changes to the Tree Ordinance the night before the Council meeting and requested more time to review the documents. Mayor Watson reported that Council Member Fogler had also requested that the Tree Ordinance be tabled for further review. The City Council agreed to table consideration of Ordinance No. 1472 relating to tree preservation until the next regular session. MATI'ERS RELATING TO A REQUEST FOR. FUNDS FROM CAPITAL TMP~~ TASK FORCE: Mr. Tanner reported that the Capital Improvement Task Force is requesting funds in the amount of $5,000 to use outside consultants for needed information. Council Member Rushing stated that the Task Force wanted funds to do a high-impact study using Langford Engineering and also funds to conduct a citizen survey. Mr. Tanner reported that the cost for the survey can be picked up by the budget for the City Currents. The only costs will be in printing. The Task Force has already spent $567.46 which the City absorbed at a Staff level but no other funds will be available without a budget transfer from the general reserve fund. 2 I] l I ---'I I JIOU City Council Workshop Session, October 25, 1993 Council Member Rushing commented that he felt reluctant to give $5,000, open-ended, to any volunteer group. Mr. Tanner suggested that the Council could approve the request with the understanding that the Mayor or City Manager will approve the use and the performance of each task in advance. This will provide the Staff an opportunity to.exhaustall other means of obtaining the information. Council Member Lewis asked what the Task Force had been instructed to do. Mr. Tanner reportedtha't the TaskForce was created to identify all capital needs, try to reconcile those needs and a complete review of costs. ' The City Council recommended that the members of the Capital Improvement Task Force attend the next workshop meeting to discuss their request. The City Council agreed to table consideration of this item until the next regular session. Mayor Watson recessed the workshop session at 7:30 p.m. to convene in regular session. At 8:15 p.m., Mayor Watson reconvened the workshop session with the following present: Mayor Watson presiding; Council Members Lewis, McCandless and Rushing. Staff members present were the City Manager, City Secretary, Public Works Director, Finance Director, Police Chief, Fire Chief and Parks and Recreation Director. trrILIZATIONOF FIELDS. FORTRI-SPORTS: The Parks and Recreation Director presented a report on the utilization of fields for Tri-Sports youth activities. Russ Schulze, president of Tri-Sports was present at the meeting. Mr. Mailes stated that the loss of the Brompton fields will impact Tri-Sports in the near future. Additional game space should be available to accommodate this loss and nominal growth of the leagues. Tri-Sports has targeted fields 4a and 4b as the initial phase to eventually light all of the athletic fields at West University Elementary School. Mr. Mailes reported that if it was 'determined that it might be 3 61. i City Council Workshop Session, October 25, 1993 desirable to re-light the entire elementary school complex, a more effective and efficient system could be implemented. with new technology, approximately 95% of all light spillage from field #2 to the homes behind it could be eliminated. Mr. Mailes concluded by saying that he believed Tri-Sports should be able to play their 1994 seasons without major changes in their normal operations. However, with any type of growth, 1995 will be the time frame that lights for fields 4a and 4b will be necessary unless additional land is acquired or registration is restricted. Council Member Lewis reported that the Softball Association has never conducted a major fund raiser but they have, historically, had the greatest needs. She commented that she felt at some point the association should challenge itself to hold a fund raiser. Mr. Schulze suggested a letter be drafted to Tri-Sports issuing some sort of challenge to raise the money. The City Council recommended a letter be drafted to Tri-Sports challenging them to raise money to help defray the costs of lighting the fields. L.... RETIREE BENEFITS: The City Council discussed medical and insurance benefits for retirees. Chris Taylor, Finance Director, stated that the Staff is recommending that the City Council consider amending and updating Chapter 6, Section D of the Personnel Policies and Procedures manual establishing retiree health insurance under certain conditions and limitations. Mr. Taylor discussed eligibility requirements for employees. A cost analysis for retiree health insurance was presented. The analysis included the number of employees, over the next ten years who will be eligible for health insurance. The table also assumed a 9% increase each year in premiums. The City Council agreed that there is general support for the retiree health insurance and asked the Staff to draft an ordinance for their consideration. 4 J City Council Workshop Session, October 25, 1993 ADJOURNMENT : With no further business to come before City Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Rushing that the workshop session adjourn. Such motion carried and the meeting adjourned at 9:15 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 5 10i:. r l '-- . N I ! #ff7je)3 J16~ CITY COUNCIL REGULAR SESSION MONDAY, OCl'OBER 25, 1993 MtlNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University BOulevard) on October 25, 1993, with the following members present: Mayor Watson presiding, Council Members Lewis, McCandless and Rushing. The City Manager, City Secretary, City At,t-orney ,Finance Director, Public Works Director, Police .Chief, Fire Chief, Building Official and Parks and Recreation Director were also present. Mayor Pro-Tern Rushing delivered the invocation and Council Member Lewis led the Pledge of Allegiance. Council Member Fogler was absent. PUBLIC HEARING. TO CONSIDER . THE 1994. .PROPOSED BUDGET COVERING ALL FONDS 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 1994 Budget. i There were notanyci:tizenspresent who wished to speak I concerning . the pr0posed budget. ! l CITIZENS COMMENTS: ,Mayor Watson invited residents who wished to address the City Council to come forward as their names were called. Ralph pokluda, a resident at 5320 Sewanee, spoke to the City Council about the trees in West University I?lace. He commented that he isa bigpropbnent OI trees but opposed any further large expenditures to save trees during the infrastructure improvements. He felt that there should be some way of determining when the City should go to extraordinary lengths to save a tree. Mr. Pokluda also spoke to the Council about sidewalks in the City. He opposed the use of rebar in sidewalks instead of wire mesh. ORDINANCE ADOPTING THE BUDGET FOR FISCAL YEAR 1994: Consideration was given to matters relating to the first reading of Ordinance No. 1470. , 64 · City Council Regular Session, October 25, 1993 Copies of Ordinance No. 1470, in the form required for adoption, were available to all members of the Council. A motion was made by Council Member Rushing, seconded by Council Member McCandless that the budget be amended to provide that the employee pay raises, based on a .pay for performance plan, may not be implemented until a final performance pay raise plan is approved by the City Council. This will not apply to the 3% across the board adjustment which may be implemented April 1, 1994. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: Mayor Watson read the Caption of Ordinance No. 1470 as follows: AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1994 AND ENDING DECEMBER 31, 1994; APPROPRIATING FUNDS FOR SUCH BUDGET; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT A motion was made by Council Member Rushing, seconded by Council Member McCandless, to adopt Ordinance No. 1470 as amended on the first reading. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None' Council Member Fogler Voting Nay: Absent: ORD~ LEVYING AND ASSESSING. AD VALOREM TAXES FOR 'J"R'F. '1'~X VF.~R 1993: Consideration was given to matters relating to the first reading of Ordinance No. 1471. Mayor Watson read the Caption of Ordinance No. 1471 as follows: AN ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR THE TAX ! I \ L 2 "10 J ~ I I City Council Regular Session, October 25, 1993 YEAR 1993; CONFIRMING AND GRANTING EXEMPTIONS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1471, in the form required for adoption, were available to all members of the Council. A motion was made by Council Member McCandless, seconded by Council Member Lewis, to adopt Ordinance No. 1471 on the first reading. The motion was voted .on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless :None Council Member Fogler Voting Nay: Absent: ORDIl'mNCE REVISING SWlNMING POOL STANDARDS: Mayor Watson had previously signed an affidavit regarding substantial interest in real property and filed it with the City Secretary. He did not take part in the discussion of the pool ordinance. Mayor Pro-Tern Rushing led the consideration of the second and final reading of Ordinance No. 1468. Mayor Pro-Tern Rushing read the caption of Ordinance No. 1468 as follows: AN ORDINANCE RELATING TO SWIMMING POOLS AND BUILDING REGULATIONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; ADOPTING A STANDARD CODE WITH AMENDMENTS; PRESCRIBING A PENALTY AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT A motion was made by Council Member Lewis, seconded by Council Member McCandless to adopt Ordinance No. 1468 on the second and final reading. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Abstain: Council Members Rushing, Lewis and McCandless None Council Member Fogler Mayor Watson 3 66. , I I 'City Council Regular Session, October 25,1993 TREE PRESERVATION ORD~: Consideration was given to the first reading of Ordinance No. 1472. Mayor Watson read the Caption of Ordinance No. 1472 as follows: AN ORDINANCE FOR THE PRESERVATION AND ENHANCEMENT OF THE URBAN FOREST OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; ADOPTING AND RE-ADOPTING SECTIONS OF THE CODE OF ORDINANCES OF SAID CITY, WITH AMENDMENTS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. A motion was made by Council Member McCandless, seconded by Council Member Rushing to table consideration of Ordinance No. 1472 until the next regular session. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler I I L- LIFr STATION RECONSTRUcrION: Consideration was given to bids received September 29, 1993 for the reconstruction of 2 sanitarY sewer lift stations. The following bids were received: Bidder Arriount of Bid DEI Construction Services RWL Construction, Inc. $23,600.00 $26,000.00 Ed Menville, Public Works Director, recommended that the bid be awarded to the low bid received from DEI Construction Services. A motion was made by Council Member Rushing, seconded by Council Member Lewis to approve the low bid of $23,600 received from DEI Construction Servi~es for the lift station reconstruction. 4 J ---, i i I , J67 City Council Regular Session, October 25, 1993 The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: COLONIAL PARK BEAUTIFICATION: Consideration was given to a recommendation from the Parks and Recreation Board to plant photenias along the 4100 block of Case Street at a cost of $1,600. Mark.Mailes, Parks and Recreation Director, reported that the photenias will improve the aesthetics of the volleyball court along Case Street. A motion was made by Council Member Lewis, seconded by Council Member McCandless to approve $1,600 for the planting of photenias along the 4100 block of Case Street. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: REQUEST FOR FUNDS FROM CAPITAL D!PROVEMEN'l'TASK FORCE: Consideration was given to a request for funds from the Capital Improvement Task Force. A motion was made by Council Member Rushing, seconded by Council Member McCandless to table the request for funds from the Capital Improvement Task Force until the next regular session. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: . 5 68. City Council Regular Session, October 25, 1993 CITY COUNCIL. MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Regular Session conducted on October 11, 1993 (b) Workshop Session conducted on October 11, 1993 A motion was made by Council Member McCandless, seconded by Council Member Lewis to approve the minutes of October 11,1993 as presented. The motion was voted on with the following result: Voting Aye: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler ADJOURNMENT: A motion was made by Council Member Lewis, seconded by Council Member Rushing to adjourn to the workshop session. The regular session adjourned at 8:06 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CI TY SECRETARY 6 t l l ! ~fJJ. u '1 CITY COUNCIL SPECIAL SESSION MONDAY, NOVEMBER 1, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:30 P.M. The City Council convened in Special Session in the Municipal Building (3800 University Boulevard) on November 1, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis and McCandless. The City Manager and City Secretary were also present. Council Member Rushing was absent. RESOLUTION AlJI'HQRIZING GRANT APPLICATION. Consideration was given to Resolution No. 93-27 (A RESOLUTION OF THE CITY COUNCIL OF WEST UNIVERSITY PLACE, TEXAS, GALVESTON/HARRIS COUNTIES AUTHORIZING GRANT APPLICATION THROUGH TEXAS DEPARTMENT OF TRANSPORTATION ENHANCEMENT PROGRAM Mayor Watson reported that in order for the City to apply for a grant through the Texas Department of Transportation Enhancement Program for a hike and bike trail, the City Council is required to pass a resolution requesting the funds. A motion was made by Council Member Fogler, seconded by Council Member Lewis to adopt Resolution No. 93-27. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Fogler, Lewis and McCandless None Council Member Rushing Voting Nay: Absent: ADJOURNMENT: With no further business to come before Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Fogler to adjourn. The meeting adjourned at 5:42 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY r ~ ~:;:; v CITY COUNCIL WORKSHOP SESSION MONDAY, NOVEMBER 8, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on November 8, 1993, with the following rnemberspresent: Mayor Watson presiding, Council Members Fogler, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Finance Director, Public Works Director, Police Chief, Fire Chief, Building Official and Parks and Recreation Director were also present. AGENDA REVIEW: The City Council reviewed the regular meeting agenda and discussed items under consideration with the Staff. MATTERS RELATED TOA :REOUESTFORFUNDS: Bill.Mackey, Chairman of the Capital Improvement Task Force, was present at the meeting to request funds for professional services to attain information needed by the Task Force. Funds may also be needed for mailings to residents in the City. Mr. Mackey requested $5,000. Mr. Mack:ey gave a brief report on the Capital Improvement Task Force. The Task Force has divided into three sub-committees which include parks, streets and utilities, and facilities and other. Council Member Lewis arrived at 6:42 p.m. I Council Member Fogler asked Mr. Mackey what each of the three sub-committees were trying to accomplish and how their work will be brought together under one umbrella. Mr. Mackey commented that each sub-committee was separate and distinc,,:. He reported that the streets and utilities sub- committee was going to study and reach their own conclusions concerning the long range capital improvement plan provided by L 71- Langford Engineering. They will also evaluate the impact on the tax rate. Council Member Lewis reported that the results of the citizen survey showed an overwhelming response that people understand the problem with the infrastructure and see it as something that the City must go forward on. She stated that a substantial amount of money has already been paid by the City to Langford Engineering for the Long Range Capital Improvement Plan. Staff members have already evaluated the plan prior to this administration coming into office. She did not think the procedure should be questioned at this time and suggested the committee work on a ~ime line for the improvements. Council Member Fogler stated that she viewed the function of the Capital Improvement Task Force as to come up with a strategy for the timing and the funding of the infrastructure improvements. To make suggestions on how many years the project should take and what k-ind of tax increases will be required. Another function could be to make suggestions on how the City Council can incorporate different facility improvements without putting the City in a position to drain the reserves. Mr. Mackey stated that the Task Force planned to do all the things suggested by Council Member Fogler but along the way take a look at the Long Range Capital Improvement Plan to see if there are ways to reduce the total cost and still provide all sections of the City with good streets and utilities. Council Member Rushing proposed that the City Council put the City Manager in charge of approval of the funds needed by the Task Force. Mayor Watson stated that the City Council would consider the request during the regular session. MATTERS RELATED TO THE BUDGET FOR FISCAL YEAR 1994: Council Member Lewis asked if the Senior Citizen's discount on garbage was lowered or if their rate increased for 1994. 2 !f"t.l TI Mike Tanner, City Manager, reported that the Senior Citizen's discount remained the same but their garbage rate will be increased by $2.00 like all other residents. MATTERS RELATED TO THE TREE ORDINANCE: Mayor Watson reported that he had received a number of calls asking the City Council to table consideration of the Tree Ordinance until a public hearing or workshop is held for citizens. Council Member McCandless stated that he was in agreement about postponing consideration of the Tree Ordinance. He requested a workshop be scheduled to discuss the amendments. Council Member Lewis stated that she was against delaying consideration of the amendments to evaluate the entire tree ordinance because the Council should be evaluating only the amendments not whether or not the City has a tree ordinance or should have a tree ordinance. MATTERS RELATED TO THE CITIZEN SURVEY: Council Member Lewis commented that the survey did not cost the City any additional funds and that the final results should be viewed as valuable information. She suggested that the results of the survey be printed in City Currents and that the City Council needed to respond to the results. Mayor Watson recessed the workshop session at 7:29 p.m. to convene in regular session. At 9:40 p.m., Mayor Watson reconvened the workshop session with the following present: Mayor Watson presiding; Council Members Lewis, McCandless and Rushing. Staff members present were the City Manager, City Secretary, City Attorney, Public Works Director, Finance Director, Police Chief, Fire Chief and Parks and Recreation Director. 3. L 73 .-.~ , '- WEST UNIVERSITY ELEMENTARY SCHOOL AREA DRAINAGE IMPROVEMENT: The City Council discussed West University Elementary School Area drainage improvement changes (plans and costs) . Ed Menville, Public Works Director, stated that the Public Works Department is requesting authority to amend the design of the storm sewer system in the vicinity of Audenand University Boulevard in order to improve the overall storm water runoff. This change is being requested because the existing system was found to be undersized and in poor condition in several areas. .'. Dieter Ufe-r, Consulting Engineer from Langford Engineering, presented maps which showed the specific problem areas. The estimated cost of the changes range from $8,200 to $15,700. The changes are considered permanent and will not have to be modified or eliminated at some future date when bond work is done in this area. The City Council authorized Mr. Ufer to proceed with the design amendments of the storm sewer system at University and Auden. MATTERS RELATED TO THE TREE ORDINANCE: Jim Dougherty, City Attorney, reported that the 1993 proposed amendments did not change the structure of the current Tree Ordinance. There are still three parts consisting of an adopting ordinance, Article XIV, and the criteria manual. Mr. Dougherty presented the City Cou~cil with a list of key amendments to the Tree Preservation Ordinance. The following is a list of the proposed amendments: Adopting Ordinance Page 1 Page 2 General approaches listed and explained New section 6-3(f) for sidewalks, driveways and tree 4 Page 3 Article XIV Page A-2 Page A-3 Page A-4 Page A-5 PageA-6,7 Page A-7 Page A-9 ~11 't. protection. "Rebar" and plactic rules limited to concrete sidewalks and driveways. ' Other rules limited to work in the CRZ. Tree Disposition Plan exception added. Driveway-use rule clarified. 10-day effective date in Section 6. "Grandfathering" for completed permit applications (if Tree Disposition Plan already approved) . New definition of Minimum Planting Standard. New Tree Bank definition Tree Disposition Plan definition amended to refer to Minimum Planting Standard and Replacement Trees. In 6-503(b) (iii), low-cost permits allowed in case of "hazard to human life or existing building." In 6-504(a) (iii), new condition added for Minimum Planting Standard (must be achieved if ~there is Major Development, which includes new buildings and major enlargements. ) In 6-505 (a) and (f), the Tree Bank and "replacement inches" provisions are inserted. In 6-506(b), the fence criteria are strengthened. In 6-509(b), affirmative defenses are clarified Criteria Manual Page CM-4 PageCM-17 PageCM-18 PageCM-18 PageCM-16 Appendix Introduction added Last paragraph of 3.2.1 amended to make it much harder to get a reduction in the number of Replacement Trees generated by formula 3.2.1, 3.2.3 and 3.2.4 greatly amended to provide for Tree Banks, maintenance and height ratings. 3.2.5 added to require attainment of Minimum Planting Standard 3.2.6 amended to refer to Trees planted to attain Minimum Planting Standard New tree list and sign format added. Old drawings would continue The City Council tentatively agreed to set a Tree Preservation 5 l75'. I- i Ordinance Workshop for Saturday, January 15, 1994 at 9:00 a.m. ADJOURNMENT: , L With no further business to come before City Council at this time, a motion was made by Council Member Fogler, seconded by Council Member Rushing to adjourn. The meeting adjourned at 11:07 p.m. KAYLYNN HOLLOWAY CI TY SECRETARY BILL WATSON MAYOR .6 /JJrF ,I. ?11't~'~' , V'fV /1/- l . i ~ CITY COUNCIL REGULAR SESSION MONDAY, NOVEMBER 8, 1993 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on November 8, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler, Lewis, McCandless and-Rushing. The City Manager, City Secretary, City Attorney, Finance Director, Public Works Director, Police Chief, Fire Chief, Building Official and Parks and Recreation Director were also present. Mayor Watson delivered the invocation and Council Member McCandless led the Pledge of Allegiance. CITIZENS COMMENTS: : Mayor Watson invited residents who wished to address the City Council to come forward as their names were called. Dave Wilson, a resident at 3729 Robilihood, spoke to the Council about the delivery of unwanted newsp3.pers. He asked if the City Council could require a postcard of consent before newspapers could be thrown in yards. Mr. Wilson complained about false alarms going off in his neighborhood. He asked if these could be hooked up at the Police Department so that they will ring there. Mr. Wilson also asked the Council if the street sweepers could come by his street. He reported that he has had to fix three flat tires because of all the construction on his street. Jim Dougherty, City Attorney, stated that there could not be general prohibition of circulation of newspapers. Ken Moise, a resident at 4234 TennY8Jn and a member of the Building Quality Task Force, asked the City Council to consider submitting a citizen survey to homeowners concerning building in West University Place. He presented the survey to the City Council for consideration. Richard Ayres, a resident at 2723 University, stated that he had r r .~ td only heard about the proposed amendments to the Tree Preservation Ordinance that week. He asked the City Council to table consideration of the ordinance until the citizens could be educated on the proposed amendments. Bob Semands, a resident at 4039 Swarthmore and Chairman of the Building Quality Task Force, asked the City Council to table consideration of the proposed amendments to the Tree Ordinance. He felt time was needed to review the ordinance and educate the citizens. Mayor Watson stated that, in defense of the Tree amendments have been considered for a longtime. amendments are not being pushed through the City Task Force, the These Council quickly. Bob Whitman, a resident at 4103 Milton and a member of the Building Quality TaskForce, stated that he supported the statements made preceeding him. He suggested using the City Currents to bring attention to items such as the Tree Ordinance. Peggy Pentecost, a resident at 2606 Centenary, stated that she also agreed with the statements made about the Tree Ordinance. She would like to.be part of a workshop to discuss the ordinance. She stated that there is a tremendous amount of ambiguity and way L- to much importance put on the value of a tree. Joe Ivison, a resident at 2609 Centenary and a member of the Building Quality TaskForce, stated that he felt the Tree Ordinance is taking away rights of the property owners to do what they like with their property. He asked the Council to table consideration of the Tree Ordinance. Larry Massey, 6410 Community, also asked the City Council to table the first reading of the Tree Ordinance until a town meeting could be held. He felt the Ordinance is in need of further explanation. Kyle Pentecost, a resident at 2606 Centenary, stated that his inalienable rights were being stomped upon by the Tree Preservation Ordinance. He stated that the City only has rights of eminent domain when it applies to health and well-being. He asked the City Council to table consideration of the Tree Ordinance. 2 '.:L. v Jorge Jimenez, a resident at 6636 Wakeforest, stated that the City has changed alot in the last fifteen years. He stated that the Tree Ordinance is keeping people and builders away from West University Place. He felt the Ordinance is unconstitutional. He asked that the entire Ordinance be abolished. Gary Brock, a resident at 6349 Brompton, spoke in favor of the Tree Ordinance. He stated that, obviously, the Ordinance needed more discussion but to totally abolish the. Ordinance would not be smart. Salina Pineda, a resident at 2705 Centenary, stated that she was concerned about being limited to the size of house she can build because of the possibility of losing a tree. She asked the Council totable consideration of the Tree Ordinance until all residents are comfortable with it. Dorothy Reiger, a resident at 6516 Brompton, reported that all through the last administration the Tree Ordinance was discussed. She stated that if residents have not heard about it then they have not been coming to City Council meetings. -----, , Buddy Bell, a resident at 4038 Swarthmore, commented that for the record that "he loved trees". He stated that the City Council minutes would show that it was his idea to put the original tree ordinance on the books. But, in looking at the amendments to the Tree Ordinance, he felt there were some problems. He asked the Council to table consideration of the Ordinance. Joy de Leveaga, a resident at 3317 Robinhood, stated that she felt the City needed a tree ordinance but the proposed amendments were much too restrictive. She asked the Council to table the Ordinance. Les Albins, a resident at 3817 Southwestern, stated that he was on the Tree Task Force that reviewed the Tree Ordinance. He is also a builder in West University Place. He agreed that many residents do not understand what is in the amendments. Forthat reason, he felt it is appropriate that more communication is given to the residents concerning the Ordinance. He asked for a postponement of the first reading. Diana Freeman, a resident at 3114 Sunset and a member of the Tree 3 - .79 · j, Committee, stated that the Tree Ordinance was not rushed through. She and Linda Day have worked with three different administrations trying to get the Ordinance passed. Mrs. Freeman stated that the amendments, were to make the "Ordinance more workable and user friendly. She stated that, with all the misunderstanding about the Tree Ordinance, the Ordinance should be tabled. Bob Higley, a resident at 6339 Belmont, also read the Ordinance to be very restrictive. He asked the Council to table the Ordinance. Joan Jordan, a resident at 2804 Nottingham, commented that she also served on the Tree Task Force. Shes'tatedthat the Task Force was represented by a well-rounded group of people. She reported that the Tree Ordinance had receivedalot of awards. TREE PRESERVATION ORDINANCE: Consideration was given to the first ~Bading of Ordinance No. 1472 (AN ORDINANCE FOR THE PRESERVATION AND ENHANCEMENT OF THE URBAN FOREST OF THE CITY OF WEST UNIVERSITY PLACE~ TEXAS; ADOPTING AND RE-ADOPTING SECTIONS OF THE CODE OF ORDINANCES OF SAID CITY, WITH AMENDMENTS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . A motion was made by Council Member Lewis, seconded by Council Member Rushing to table consideration of Ordinance No. 1472. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: Council Member Fogler stated that a tree that is sick and. dying can be removed without penalty or cost. The amendments to the Tree Ordinance have taken the steps of easing the burden on the individual homeowners by providing a mechanism by which a 4 ~ ,.1 () U -, ----' resident can replace trees, without cost, that have to be removed. A resident can apply to the Tree Bank for the replacement trees. Council Member Fogler commented that once residents have had the time to understand the Tree Ordinance then there will not be as much opposition. Council Member Lewis commented that everyone who spoke said that they did not know about the amendments to the Tree Ordinance. She stated that the City Council has meetings every two weeks without any attendance by residents. Residents can call City Hall or stop by the various bulletin boards in the City to see what is on the agenda. She stated that in order to be informed, the residents needed to look for the information. Council Member Lewis statedtha,tthe City Council was there to make decisions that truly represent the citizens. She challenged the residents to begin attending the meetings of the Council. ---n I I ORDINANCE ADOPTING THE BUDGET FOR.FISCAL YEAR 1994: ----' Consideration was given to matters relating to the second and final reading of Ordinance No. 1470. Copies of Ordinance No. 1470, in the form required for adoption, were available to all members of the Council. A motion was made by Council Member Fogler, seconded by Council Member Rushing to approve Ordinance No. 1470. Mayor Watson read the Caption of Ordinance No. 1470 as follows: AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1994 AND ENDING DECEMBER 31, 1994j APPROPRIATING FUNDS FOR SUCHBUDGETj CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Council Member Rushing asked the Finance Director if the money appropriated for Tri-Sports was the annual supplement. -, Chris Taylor, Finance Director, stated that the money in the 5 ~81. ,1;11 budget is the annual amount. He stated that there was not any money appropriated for capital improvements. ~ The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR THE TAX VF.A~ .l..9.ll : Consideration was given to matters relating to the second and final reading of Ordinance No. 1471. Mayor Watson read the Caption of Ordinance No. 1471 as follows: AN ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR THE TAX YEAR 1993; CONFIRMING AND GRANTING EXEMPTIONS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1471, in the form required for adoption, were available to all members of the Council. A motion was made by Council Member Fogler, seconded by Council Member Lewis, to adopt Ordinance No. 1471 on the second and final reading. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: ORDINANCE FOR ADDITION TO HOLIDAY SCHEDULE: Consideration was given to the first reading of Ordinance No. 1473 . 6 l i ~ 0 l:' Copies of Ordinance No. 1473, in the form required for adoption, were available to all members of the Council.. Mayor Watson read the Caption of the Ordinance as follows: AN ORDINANCE RELATING TO MARTIN LUTHER KING DAY; AMENDING THE CITY'S PERSONNEL POLICIES AND PROCEDURES MANUAL; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT A motion was made by Council Member Fogler, seconded by Council Member McCandless, to approve Ordinance No. 1473 on the first reading. Council Member Rushing asked the City Manager what the cost would be to the City in granting the additional holiday. He also stated that he had suggested making that day a selective holiday. Mr. Tanner stated that he, did not have the costs in granting the holiday. He added that other Council Members had spoke in favor of making Martin Luther King day a holiday for City employees. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Fogler and McCandless Council Members Rushing and Lewis None Voting Nay: Absent: The motion carried. - ELECTION OF HARRIS COUNTY APPRAISAL DISTRICT RO~Rn o~ nTR~~TO~~. Consideration was given to Resolution No. 93-28 and the election of the Harris County Appraisal District Board of Directors. Mr. Taylor stated that the City Council has voting rights as a paying participant in.the Harris County Appraisal District. The resolution will allow the Council to place their vote for a member of the Board of Directors. 7 l8'3~ A motion was made by Council Member McCandless, seconded by Council Member Fogler, to cast the City Council's vote for Sam McKinney as a member of the HCAD's Board of Directors. The motion was voted on with the following result: Voting Nay: Absent: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Aye: CITIZEN SURVEY: consideration was given to the citizen survey and a presentation by Council Member Linda Lewis. Council Member Lewis stated that the Council has been presented with the results of the citizen survey that was done in October. She thanked the Communications Committee for their support of the survey. Council Member Lewis reported that the Communications Committee will reveal the results of the survey in the City Currents. ABANDONMENT OF WATER WELL: Consideration was given to bids received October 22, 1993 for the abandonment of a water well at the Public Works Center. Ed Menville, Public Works Director, stated that the plugging and abandonment of the well is being carried out as per rules and regulations of the Texas Natural .Resource Conservation Commission. The Staff recommended the low bid received from Alsay Incorporated. The following bids were received: Bidder Bid Alsay Incorporated $ 9,400 - $10,600 8 ~V~ Bussels and Sons, Inc. Weisinger Water Well $11,800 - $14,800 $13,120 - $21,120 A motion was made by Council Member Lewis, seconded by Council Member McCandless, to accept the low bid from Alsay Incorporated for the plugging and abandonment of the water well. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: REOUEST FOR AUTHORIZATION AND FUNDS: Consideration was given to a request for authorization and funds from the Capital Improvement TaskForce. A motion was made by Council Member Rushing, seconded by Council Member McCandless, to grant the Capital Improvement Task Force up to a maximum of $2,400 with the expenditures to be approved in advance by the City Manager. Council Member Fogler reported that funds cannot be allocated from this years budget so the funds will have to come from the reserves. She stated that she was opposed to authorization of reserve funds for this kind of expenditure. She added that she is in favor of looking for a way to create a board, commission and committe fund out of which the City can finance these sort of requests. The Staff has the expertise to provide the Task Force with the information they need. Kristine Peters, a member of the Capital Improvement Task Force, stated that the funds, if any, were going to be used for the services provided by Langford Engineering, only if the City Staff could not provide the needed information. Council Member Rushing asked to amend his motion to appropriate 9 l8 5 ."~ $1,600 to the Capital Improvements TaskForce instead of $2,400. Council Member McCandless seconded the amendment. The amended motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, and McCandless Council Member Fogler and Lewis None Voting Nay: Absent: The motion carried. CHARLOTTE/LAKE AREA RECONSTRUCTION CHANGE ORDER= Consideration was given to a change order for water line replacement in Charlotte/Lake Area reconstruction. Mr. Menville stated that change order no. 3 will provide for the replacement of 400 feet of water line in Fordham Street between Plumb Street and Tangley Street. A motion was made.by Council Member Fogler, seconded by Council Member McCandless to approve change order no. 3 for the replacement of the water line in the approximate amount of $20,000. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings: 10 ~v V. (a) Regular Session conducted on October 25, 1993 (b) Workshop Session conducted on October 25, 1993 (c) Special Session conducted on November 1, 1993 A motion was made by Council Member Rushing, seconded by Council Member Lewis to approve the minutes of October 25 and November 1, 1993 as submitted. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless None None Voting Nay: Absent: COUNCIL COMMENTS: Council Member McCandless commented that he approved of the citizen survey. He also commented that he attended the Texas Municipal League conferenc.e in San Antonio . 'He sta'tedthat the conference was very informative and he received alot.of valuable information. Council Member Fogler commented that she~also wanted to thank Council Member Lewis for a super job on the citizen survey. Council Member Lewis commented that her husband, Phil, created the data base for analyzing the data. Council Member Rushing commented that he felt the residents who came before the Council that night, speaking against the Tree Ordinance, .will have no problem with the amendments once they understand them. Council Member Lewis commented that the City Council needed to provide the residents with more information and try to keep everyone informed about all issues. Council Member Fogler stated that there must be some way to 11 1"8'7 · ."~. advertise the issues that will be on the next agenda. ADJOURNMENT: A motion was made by Council Member Lewis, seconded by Council Member McCandless to adjourn to the workshop session. The regular session adjourned at 9:30 p.m. BtLLWATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 12 ~bJ17 '3- v<c Jlr Tl JJ CITY COUNCIL SPECIAL SESSION SUNDAY, NOVEMBER 14, 1993 WEIR PARK CORNER OF BELMONT AND SUNSET 4:00 P.M. The City Council convened in Special Session at Weir Park (corner of Sunset and Belmont Str~ets) on November 14, 1993, with the following members present: Mayor Watson presiding, Council Members Fogler and McCandless. The City Manager and City Secretary were also present. Council Member Rushing and Lewis were absent. RESOLUTION AUTHORIZING GRANT APPLICATION: Consideration was given to Resolution No. 93-29 (A RESOLUTION REQUESTING THATWESLAYAN STREET FROM UNIVERSITY BOULEVARD TO BISSONNET STREET BE DESIGNATED A TRANSPORTATION IMPROVEMENT i PROJECT OF HARRIS COUNTY AND FUNDS BE ALLOCATED AS A LOCAL MATCH I FOR SUCH IMPROVEMENT) . ~ Mayor Watson reported that in order for the City to apply for a grant for a transportation improvement project, the City Council is required to pass a resolution authorizing the application. Mayor Watson stated that the grant, if approved, would designate theWeslayan Street reconstruction as a Transportation Improvement Project to be completed in 1995 and appropriate $191,600 (20% of the total project cost) to fund it. A motion was made by Council Member Fogler, seconded by Council Member McCandless to adopt Resolution No. 93-29. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Fogler and McCandless None Council Member Rushing and Lewis -\ I __J Voting Nay: Absent: L~ ~. " ADJOURNMENT: With no further business to come before Council at this time, a motion was made by Council Member McCandless, seconded by Council Member Fogler to adjourn. The meeting adjourned at 4:07 p.m. 131 LL WA I SON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 2 r- L n ~ I , ! n~i,; , CITY COUNCIL WORKSHOP SESSION MONDAY, NOVEMBER 22, 1993 MtlNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. '!he City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on November 22, 1993, with the followin$ member~ present : Mayor Watson pr~siding, Counctl Members RushJ.ng, LewJ.s, and McCandless. '!he CJ.ty Manager, CJ.ty Secretary, City Attorney, Finance Director, Public Works Director, Police Chief, Fire Chief, Building Official and Parks and Recreation Director were also present. Council Member Fogler was absent. AGENDA REVIEW: '!he City Council reviewed the r~lar meeting agenda and discussed items under consideration WJ.th the Staff. BISSONNET/SEWANEE AREA COMPLAINTS : '!he City Council discussed Sewanee Area corrplaints presented by Ralph Pokluda, a resident at 5320 Sewanee.Mr. Pokluda stated that he was representing himself and his neighbor, Joe Studlick. '!hey have a long standing problem with people parking in their yards by those who are attending St. George's Greek Orthodox Church and the Church of Christ. '!here are no curbs or gutters on Sewanee Street so people park in their grass and less than twenty feet from the stop sign. Mr. Pokluda asked that the City'S Police Department provide irrmediate relief by enforcing the parking laws. Council Member McCandless asked if cars could get by if parking were allowed on one side of the street. Mr .Pokluda stated that the street becomes a one way street when cars park on either side. Council Member McCandless conmented that possibly the grass had encroached upon thestre~t. Father Joseph, Pastor at St. George's Greek Orthodox Church, was present at the meeting to discuss the parking situation. Father Joseph reported that he had posted signs at the church and even spoken about the parking situation .frorn the pulpit. He announced to his congregation that cars would be towed away if they were parked illegally. ' Steve Griffith, Police Chief, reported that "no parking signs" could be placed in the 5300 block of Sewanee but cautioned that 9-1. i' City Council Workshop Session, November 22, 1993 ,- the cars could be displaced further into the community. Council Member McCandless suggested that the street could be widened to provide a shoulder for parking. The City Council directed the City staff to study the issue and propose a solution to the parking problem. CAPITAL IMPR.OVEMENTS: Bill Mackey, Chairman of the Capital Irrprovements Task Force, presented the City Council with a list of recorrmendations for irrplementation of the City 's Corrprehensi ve Capital Irrprovement Plan, specifically Priority Area 2 and 3. Mayor Watson requested time to review the reconrnendations. . Discussion of this agenda item will be held at the next regular session. . INTERIM REPORT OF BUILDING QUALITY TASK FORCE! The City Council considered an interim report and recortmendation of the Building Quality Task Force. . Bob Semands, Chairman of Building Quality Task Force, stated that they were essentially focusing on 'foundations and the relationship between the city and those particiJ?ating in the building process. He felt that the recent submittal to the City Council of a proposed amendment to the tree ordinance irrpacts where the Task Force wants to focus. Keith Short, a member of the Building Quality Task Force, corrmentedthat he would like to know what is the Task Force's specific assignment. He stated that they should be given a broad mandate or told exactly what they should be doing. . Mr. Short stated that some members of the Task Force felt there should be more of a screening and charmeling process before ordinance amendments that effect building quality are presented to the City Council. Ted Eubanks, Chairman of the Environmental Issues Comnittee (EIC), commented that he thought the EIC was created to have a body that can broadly discuss quality of life issues. The problem is that people are functioning separately instead of 2 r l l , J."1~. City Council Workshop Session, November 22, 1993 setting goals and reaching a solution. . Mr. Eubanks felt the Task Forces and Corrmittees need a broad base approach otherwise each task force is going to come up with its own solution which may conflict with others. Council Member Lewis cornnented that she felt there is a misunderstanding between the Tree Task Force and the Building Quality Task Force because somehow no one really understood what they were doing. She stated that she did not think the Tree Task Force should run there recorrmendationsthrough the Building Quality Task Force because that is what the City Council is there for. Council Member Lewis stated that the EIC was created to deal with things on a big picture. There should be a representative from each group to meet once a month to see if everyone is going the same direction. She added that she thought the BQTF should be identifying. l?roblems with the building process, part 'of which may be dealJ.ng wlthtrees. Council Member McCandless agreed with council Member Lewis in that representatives from each group should have j oint meetings to determine various problems. Mr. Eubanks stated that most of the issues of the corrmittees are at a fo:rmative stage so the group could meet and come up with the best possible 'solution. Mr. Semands stated that the BQTF'smeeting with builders was to receive feedback that could be tumed into a recorrmendation. Builders in the City corrplain mainly about the adversarial nature of the relationship that they feel with the Inspection Departmet;t . Secon<;i most ..~ID1??rtan1;:on their. min<;i s~emsto be the Tree Ordinance, which defJ.nltely J.Irpacts the bUJ.lding process. Mr. Short corrmentedthat it appeared the BQTF was not $"oing to be dealing with changes in ordinances. The BQTF is more J.nfo:rmation gathering, attitude shaping and corrmunicating. He stated that the ordinance amendments seem to fall under someone else I s jurisdiction, either Tree Comnittee or Building & Standards Corrmission. Mr. Semands stated that he had envisioned the BQTF's process as being to find changes that need to be made, receiving Council approval and then going before the Building & Standards Corrmission. 3 LIJ a · .~ City Council Workshop Session, November 22, 1993 Council Member Lewis stated that appointment to the BQTF is short term. She perceived the most effective thing for the Task Force to do is to gather infonnation and to make recorrmendations based on that infonnation. Council Member Rushingcomnented that,he felt to get involved with screening ordinances was beyond the scope of a volunteer. Mayor Watson recessed the workshop session at 7:32 p.m. to convene in regular session. At 8:05 p.m., Mayor Watson reconvened the workshop session with the followin;f. present: Mayor Watson presiding; Council Members Rushing, LeW1S, and McCandless. Staff members present were the City Manager, City Secretary, City Attomey, Public Works Director ,Finance Director, . Police Chief ,Fire Chief, Building Official and Parks and Recreation Director. . The City Council continued their discussion with the Building Quality Task Force. . Mayor Watson assured the BQTF that if they had any recorrmendations about the Tree Ordinance or anythlng else, then the City Council would like to hear them. The City Council reconmended that Ted Eubanks calla meeting with all the Chai:rpersons of the different corrmittees and task forces to openly discuss issues, detennine corrmon grounds and reach a solution. Mr. Eubanks requested that the City Council's discussion of the amendments to the Tree Ordinance be chansed from December 6to December 13. This would J?rovideample tlme for the EIe to meet and get a sense of the thlngs that need to be ironed out. The City Council discussed a citizen survey presented by the BQ'I'F. Mayor Watson requested that the Task Force redeflne and strike some of .the guestions and then meet with the City Attomey for further $uggestlons. WF.~TP2U~R' /nnJ("~~ ~klW.~ l"nMDT.~Tl'J"r. City Council discussed a WestparkjDincans Area corrplaint. Mike Tanner, City Manager, stated that Mark Spradling, a member 4 u fl I , , ' 1~-4' City Council Workshop Session, November 22, 1993 of the Friends of West University Place Parks Fund, requested that the City Council help in beautifying the Bissonnet esplanade across fran the Public Works armex. Mr. Spradling had spoken to the owners of the Bissonnet Village Apartments who requested that the City keep the esplanade mOwed and the area clean. Mr. Tarmer stated that a new fence had been installed a few years back and the City regularly sweeps the street. All of the Public Works' materials and dirt are located on this site including everything that supports the recycling operations. This armex is a staging area that saves the City a significant amount of money. Mr. Tarmer reported that iithe City decides to privatize, then the size of the fleet can be substantially reduced and other unsightly things will be eliminated. If the City does not privatize, then the crew Imlst have a place to work. Mayor Watson asked if the City had extra land at the sewage treatment plant. Mr . Tarmer stated that the .problem with moving equipment to the sewage treatment plant is that it is next to the Bayou. If there happens to be a torrential rain that causes any kind of runoff, the City could be exposed. Mr. Tarmer corrmented that he thought the City is better off staying in an industrial area. Council Member McCandless conmented that he thought the City did have an obligation to clean up the Westpark land. Council Member Rushing. pro}?Osed that the Council get a member of the Friends Board to explal.n how they got involved in the Bissonnet esplanade beautification project. He asked what the minimum expense that the City will have to incur in order to meet the Bissonnet Village Apartments demands. Mr. Tarmer stated that the City can not meet. his demands. Reasonably,the City can provide conmercial fence inserts and possibly a plant screen which will require an irrigation system. The cost will be approximately $20,000 to $25,000. The City Council asked the Staff to try to clean up the City'S site but did not authorize the expenditure of funds in the area. 5 (l~-. . I~-V,~ '1 City Council Workshop Session, November 22, 1993 c- ADJOURNMENT : With no further business to come before City Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Rushing to adjourn. The meeting adjourned at 9:15 p.m. IjILL WAI"~UN MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 6 D I \ A~. .-- . //f / / -rI II/?!; CITY COUNCIL REGULAR SESSION MONDAY, NOVEMBER 22, 1993 MtlNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on November 22, 1993, with the following members present: Mayor Watson presiding, Council Members Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Finance Director, Public Works Director, Police Chief, Fire Chief, Building Official and Parks and Recreation Director were also present. Mayor Watson delivered the invocation and members of the Boy Scouts led the Pledge of Allegiance. Council Member Fogler was absent. CITIZENS COMMENTS: Mayor Watson invited residents who wished to address the City Council to come forward as their names were called. Mayor Watson asked the Boy Scouts present why they were attending a City Council meeting. One of the Scouts stated that they were trying to receive a required merit badge for an Eagle Scout called Citizenship in Community. It is required to attend a City Council meeting. Dorothy Rieger, a resident at 6516 Brompton, stated that she was against privatization of the garbage collection. She commented that she would be willing to pay more for the garbage collection in order to keep it run by the City. ORDINANCE FOR ADDITION TO HOLIDAY SCHEDULE: Consideration was given to the second and final reading of Ordinance No. 1473 (AN ORDINANCE RELATING TO MARTIN LUTHER KING DAYiAMENDING THE CITY'S PERSONNEL POLICIES AND PROCEDURES MANUALi AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . Mayor Watson stated that the City Council wanted more time to discuss the amendment to the City'S personnel policies manual. A motion was made by Council Member Rushing, seconded by Council Member McCandless to table consideration of Ordinance No. ~473. 1.~.. ~... ........,. 7(-- ~... city Council Regular Session, November 22,1993 ! '- The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: ORDINANCE FOR. RETIREE BENEFITS: Consideration was given to the first reading of Ordinance No. 1474 (AN ORDINANCE RELATING TO CERTAIN MEDICAL AND INSURANCE BENEFITS; AMENDING THE CITY'S PERSONNEL POLICIES AND PROCEDURES MANUAL; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) . Chris Taylor, Finance Director, reported that the Ordinance will basically be providing health insurance for retiree's under certain circumstances. The retiree will be responsible for all co-payments, deductibles and other costs not covered by the City. The City currently has five people who are eligible for retirement but at this time the Staff is not aware of anyone who is going to retire. '-- Council Member Rushing stated that he would like to table this agenda item because he has some questions on long-term costs associated with the insurance and also because of the absence of Council Member Fogler. A motion was made by Council Member Rushing, seconded by Council Member Lewis to table consideration of the first reading of Ordinance No. 1474. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: Mr. Taylor asked what information the Council would like him to provide. Council Member Lewis stated that she would like to know more about the cost of the insurance. She commented that she did not 2 11 ~ ~ I I ~ l i .. v V' City Council Regular Session, November 22, 1993 know whether it would make sense to move forward with the retiree insurance until it is more clear what is going to happen with the Nation's overall health care plan. Council Member Rushing asked if timing was crucial in getting the Ordinance passed. Mr. Taylor stated.. that the timing was not critical. RESOLUTION APPROVING BY -LAWS FOR THE FRIENDS OF WEST T~~T'1"V PARKS FUND: Consideration was given to Resolution No. 93-30 formally approving resolutions adopted by the Friends of West University Parks Fund which amended the Articles of Incorporation, amended the By-Laws and change the registered agent. Mark Mailes, Director of Parks and Recreation, reminded the Council that they had previously approved the amended bylaws by a motion. The City Attorney recommends that in order to officially bring the amendments before the state, the Council should adopt a resolution which formally approves these bylaws.. Mayor Watson asked where the amendments originated and if they had been reviewed by the City Attorney. Mr. Mailes stated that the amendments are recommended by the members of the Friends of West University Parks Fund and the City Attorney has been working on the amendments for about a year. A motion was made by Council Member Rushing, seconded by Council Member Lewis to approve Resolution No. 93~30. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: CITY COUNCIL ~ING MINUTES.. Consideration was given to the minutes of the following City Council meetings: (a) Regular Session conducted on November 8, 1993 (b) Workshop Session conducted on November 8, 1993 (c) Special Session conducted on November 14,1993 3 l~~~'. "~i. City Council Regular Session, November 22, 1993 Council Member McCandless pointed out a typographical error in the results of the voting in the regular session of November 8, page 7. The City Secretary will make that correction. A motion was made by Council Member Lewis, seconded by Council Member Rushing to accept the minutes with the noted correction. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: COUNCIL COMMENTS: Council Member Lewis thanked the Boy Scouts for coming to the meeting. Council Member Rushing also thanked the Scouts for attending the meeting. Council Member McCandless reported that he attended the Houston Galveston Area Council Meeting. They discussed the Galveston Bay Plan which is a Galveston Bay Navigational Program. Mayor Watson requested the City Secretary to forward any mail concerning the HGAC to Council Member McCandless. Mayor Watson commented that he had a call concerning trash pick up during the Thanksgiving Holidays. He requested that everyone not put there trash out until there scheduled pick up day. ADJOURNMENT: A motion was made by Council Member Lewis, seconded by Council Member Rushing to adjourn to the workshop session. The regular session adjourned at 8:00 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 4 I I ~ I -' ~ I I \ -""I I \ ~w~ ~ 'f-r: U (J tiff iD/ CITY COUNCIL WORKSHOP SESSION MONDAY, DECEMBER 6, J.993 MtlNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Workshop Session in the Municil?al Building (3800 University Boulevard) on December 6, 1993, wJ.th the followin9 members present: ~yor Watsc:>ll presiding, Council Members RushJ.ng, Fogler and LewJ.S. The CJ.ty Manager, . Administrative Secretary, City Attomey, Finance Director, Public Works Director, Police Chief, Fire Chief, Building Official, Urban Forester and Parks and Recreation Director were also present. Council Member McCandless was absent. AGENDA REVIEW: The City Council reviewed the r~lar meeting agenda and discussed items under considerationwJ.th the Staff. PRIORITY AREA 2 (COLLEGE/OBERLIN) RIGHT-OF-WAY TREE PROTECTION: A report on plans and specifications to l?rotect right-of-way trees during Priority Area 2 reconstructJ.on was presented to the City Council. Jack Hill and Mark Erb from Forestry Associates were present at the meeting. Mr. Hill stated that they had a contract with the City of West University Place to prepare plans and specifications in Priority Area 2 for tree preservation. They are also available for consulting before, during and after construction. Mr. Hill presented the construction documents to the City Council for their review. Tree preservation in Priority Area 2 will. include root pruning and feeding, the fencing of trees and in some cases the removal of trees. The City Council requested that Forestry Associates provide them with copies of the corrpleted construction docmnents for further reference. BUILDING DIVISION CHANGES: The City Council discussed possible Building Division changes with the Staff. Mike Tanner, City Manager, stated that he felt the City Council was uncomfortable with zero tolerance. The Staff feels that some changes need to be made at a process level. These changes will not affect quality but relate more to the process in the way 201'. ... City Council Workshop Session, December 6, 1993 c- people are treated and their interaction. Mr. Tanner presented a list of possible changes in the Building Division. These changes include the following: Change name of division from Building to Building Assistance. Change.. culture and irrprove customer service through training. Accept redlined J;>lans Exercise discretJ.on in everything except Life and Safety Code reguirements. ElJ.minate the Standard Housing Code, inspections and certificates of occupancy. privitize water and sanitary sewer connection. Eliminate pe:rmit order and delays. Increase maxiIm..1ffi house moving period to 50 days. Permit sidewalks to be fenced and utilized during construction. Mr ~Tanner reported that some of these changes will have a fiscal irrpact. There will be a decrease in revenue and an increase in expenditures. .,... --. The City Council asked the Staff to prepare an ordinance, for futher consideration, to irrplement the changes in the Building Division. Mayor Watson recessed the workshop session at 7:30 p.m. to convene in regular session. At 8: 35 p.m., Mayor Watson reconvened the workshop session. with the following present: Mayor Watson presiding i Council Members Rushing, Fogler and Lewis. Staff members present were the City Manager, Administrative Secretary, Public Works Director, Finance Director, Police Chief, Fire Chief, Building Official and Parks and Recreation Director. ',-- ISSUES, RE9UESTS FOR ASSISTANCE AND ~T.n TN"r~. The City Council discussed issues, requests for assistance and complaints with the Staff. A discussion was held on the elimination of garbage bags and the possibility of selling them. Recycling was discussed. The City Council also discussed the City Currents and editorial control. 2 . '- l City council Workshop Session, December 6, 1993 ADJOURNMENT: With no further business to come before City Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Fogler to adjourn. The meeting adjourned at 9:40 p.m. . BILL WATSON MAYOR SUSAN' RIEDLE. ADMIN ISTRATIVE SECRETARY I ASSISTANT CITY SECRETARY 3 ~u~. ;1 " I J i J I L l .--l l I ---" -.. ~,- '1 .ll.f -Vv CITY COUNCIL REGULAR SESSION MONDAY, DECEMBER 6, 1993 MtlNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on December 6, 1993, with the following members present: Mayor Watson presiding, Council Members Lewis, Rushing and Fogler. The City Manager, Administrative Secretary, City Attorney, Finance Director, Public Works Director, Police Chief, Fire Chief, Building Official and Parks and Recreation Director were also present. Council Member Tom Rushing delivered the invocation and Mayor Watson lead the Pledge of Allegiance. Council Member Stan McCandless was absent. CITIZEN COMMENTS: Mayor Watson invited residents who wished to address the City Council to come forward as their names were called. Eric Orzak, 8181 North Stadium Drive (Houston), stated that he was a former West university resident and has relatives still living in the City. Mr. Orzak said that he has spoken with the Mayor and the City Manager regarding creating a volunteer group to perform minor home repairs. The only cost would be for the needed materials. He stated that two West University Place residents and two non-residents have agreed to volunteer for the organization. Mr. Orzak went to the local hardware stores to see if they would be able to donate materials for the organization's work. He stated that the hardware stores are not interested in talking to "someone off the street" and he felt that having the support of City leaders might help in getting hardware store donations. The Mayor stated that the City Council appreciated Mr. Orzak's "charitable instincts" and that the City would see how they could help in getting the volunteers organized, possibly through senior citizens. Council Member Lewis asked what the beneficiaries of the organization's work would be financially responsible for. Mr. Orzak stated that citizens who were helped only needed to pay for materials. Payment would only be accepted after a receipt for the materials purchased was presented to the homeowner. Brian Landrum, a resident at 3903 Marlowe, stated that the issue of building inspections concerned him. He stated that he moved into his house during July 1991 and received a City inspection which indicated no repairs were needed. He stated that he is presently involved in selling the house and a recent inspection indicated a 'few hundred dollars worth of repairs. He stated that 20 4~.'.' tt /'""--'" City Council Regular Session, December 6, 1993 in the areas where repairs needed to be made, the Code had not been changed. Mr. Landrum stated that the first inspection did not find the problem areas and.the second inspection did. In the process of contacting the Building. and Inspections Department, he was told that. there was a possibility of discontinuing. these inspections. . He said that from his personal experience,. the inspection did not change his perspective on the house, his abllityto move into the house nor change his inability to move out of the house. He s.tated that it was not very helpful to the person moving into the house either. Mayor Watson stated that the issue was discussed in the workshop session and he appreciated Mr. Landrum's input. David Jenkins, a resident at 2611 University Boulevard, stated that he was speaking on the issue on discontinuing the distribution of garbage bags to residents. He said that he was puzzled by the fact that the City was going to be saving $60,000.00 by not distributing garbagebagsi however, he felt that if every resident was charged $1.00 on their monthly water bill, the distribution cost would be covered. He was fearful that. all kinds of bags would be utilized by residents, including dry cleaning bags, etc. and that garbage would be tound in the neighborhoods instead of the landfill. I L Mayor Watson stated that the garbage bag distribution issue was not "cast in stone" and was still under consideration. Dorothy Reiger, a resident at 6516 Brompton, stated that she hoped the City Council would do everything possible to save trees in the City. Mayor Watson stated that the tree issue was still under consideration and would be discussed at a meeting in January 1994. REQUEST FOR AQ)'PIESCENCE TO EN'CR.OACHMENT: Dr. Douglas Caldwell, Senior Pastor at West University United Methodist Church, stated that he was asking for a continuation of the consent to encroach on an easement. He referred to a map that he passed out to the Mayor and Council and stated that according to the plat when the church moved, there was suppose to be a "Virginia Street" running up one side. He indicated that the dotted line on the plat indicated the easement and that all of the lots were originally plotted to face onto Mercer and Virginia Streets. He stated that on the larger drawing, the blue line 2 I: V:)4 City Council Regular Session, December 6, 1993 represented the easement running between all of the pieces of property. The yellow lines represented the existing church buildings. The front-most part of the building was built around thirty years ago, so the first two inches of the easement from University is over property, the next two inches is roughly under a building that was built about thirty years ago, and the next two inches (extending to the pink line) is under a building that was built back in 1985. He said that over the second section, the church is hoping to build a second story. Dr. Caldwell . stated that Houston Lighting and Power has abandoned the easement and he believed the telephone company and Entex would also agree. Council Member Rushing inquired as to how often the encroachment issue surfaced. Mike Tanner, City Manager, stated that the issue comes up from time to time and the City routinely grants the acquiescence if there is no vital interests served. He stated that no utilities existed in the easement. He stated that a structure currently existed on the easement. l I ~ Council Member Lewis asked if there were other locations where the City might be asked to do an acquiescence to encroachment, possibly along Poor Farm Ditch. Mr. Tanner stated that in most cases, an issue along these lines might surface when someone purchases an adjacent lot and wants to build across that new lot, requiring the crossing of an easement. In most cases, people will request an abandonment until they understand that they have to pay the City the fair market value of that property. The property is generally found to be expensive. Councll Member Rushing asked if the issue would strictly come up again regarding the Church if construction was being considered. Mr. Tanner said that the encroachment issue would appear only if the Church wished to expand further. Dr. Caldwell stated that the Church has a future phasing that might affect the front area again. Mr. Tanner stated that Staff recommended the acceptance of the acquiescence to encroachment, on the condition of a $100 process fee payment, approval by franchise utilities, that all zoning and building requirements be met, and that the site remain a church. 3 ~06.' .~ ~ .....-'-~.." City Council Regular Session, December 6, 1993 A motion was made by Council Member Rushing, seconded by Council Member Fogler, to accept the advice of the City Staff to approve the acquiescence to encroachment and that: 1) a $100 process fee be paid by West University United Methodist Church, 2) that franchise utilities approve the acquiescence to encroachment and present releases, 3) that all planning, zoning, and building requirements be met and 4) that West University United Methodist Church retain ownership of the property and the site remain a church. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler. and Lewis None Council Member McCandless Voting Nay: Absent: RESOLUTION APPOINTING 'MRMR1t!R TO T.8E C"OMMI'Th1'"I;~~TT~ f"nMMT'lTJm = Mayor Watson read the caption to Resolution 93-31 as follows: ,- I I A RESOLUTION PROVIDING FOR THE APPOINTMENT OF A MEMBER TO THE COMMUNICATIONS COMMITTEE L Mayor Watson stated that the appointee was Amy Morton and she was already hard at work with the Communications Committee. He called for a motion on the appointment. A motion was made by Council Member Lewis, seconded by Council Member Fogler, to accept Resolution 93-31, appointing Amy Morton to the Communications Committee. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler and Lewis None Council Member McCandless Voting Nay: Absent: STREET EVENTS ORDINANCE: Consideration was given to the first reading of Ordinance No. 1476. Steve Griffith, Police Chief, stated that at first glance, the 4 -;l I i ~ IEU{lf , ' City Council Regular Session, December 6, 1993 ordinance appears to be complex; however, he said that he and the City Attorney tried to take a systematic approach to all special events. He said that the ordinance provided perimeters to regulate all types of events. The ordinance defines special events as an event with ten or more people in a one block area, a blocked street or three or more vehicles in a procession. The new ordinance excluded low-impact special events (less than 15 people) . The duration of special events is two hours with an exception of the Houston-Tenneco Marathon. The amendment, to be picked up on the second reading of the ordinance, would be not to have more than two special events on a given day to prevent stretching the resources of the Staff. The ordinance restricts the times for special events around the school during school hours. In residential areas, the hours are between 8:00 a.m. and dark. The ordinance prohibits special events during rush hour. The registration requirement allows the Police Department notification of special events and the ability to notify affected residents. The ordinance prohibits picketers from stopping in front of a single residence over one minute. Picketers are prevented from passing by a single residence more than twice in a 15 minute period. Mr. Tanner stated that the residents have asked for a more regulated ordinance and he felt that Ordinance No. 1476 was an apprqpriate response to the request. He said that if there is a problem down the line after the ordinance was adopted, changes could be made. Mayor Watson read the Caption of Ordinance No. 1476 as follows: AN ORDINANCE RELATING TO STREET EVENTS AND RESIDENTIAL REGULATION; 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 No. 1476, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member Fogler, seconded by Council Member Lewis, to approve Ordinance No. 1476 on the first reading. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler and Lewis None Council Member McCandless Voting Nay: Absent: 5 D-O' "'... .~""" r:i. --'I .~:'... _l City Council Regular Session, December 6, 1993 ,- SIGN ORDINANCE: Consideration was given to the first reading of Ordinance No. 1477. Chief Griffith stated that State law prohibits placement of signs in a right-of-way. He stated that the proposed Ordinance aut.horizes the Police Department to deal with sign disposition. The Ordinance also limits the.location of banners to the elementary school, City Hall and the .local speedway. The length of banner placement is limited toa 30 day period as well as the limited placement of 12 banners during a calendar year. There is also a limit of two banners at any one given time. There is a registration process of "first~come-first serve". Council Member Lewis asked if there is a similar ordinance in existence. The City Attorney stated that the only guideline in existence prohibits the placement of signs on City property. Council Member Rushing stated that he was concerned with the limit of two banners at any one given time. He wanted to know if the limit was per group or two banners in the City altogether. J- , L- Council Member Fogler stated that the limit was two banners at anyone given time in the entire City. Mayor Watson read the Caption of Ordinance No. 1477 as follows: AN ORDINANCE RELATING TO SIGNS; 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 No. 1477, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member Rushing, seconded by Council Member Fogler, to approve Ordinance No. 1477 on the first reading. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler and Lewis None Council Member McCandless Voting Nay: Absent: 6 ~ I i _.0 ---, , i <c.v y . City Council Regular Session, December 6, 1993 CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the following City Council meetings.: (a) Regular Session conducted on November 22, 1993 (b) Workshop Session conducted on November 22, 1993 A motion was made by Council Member Rushing, seconded by Council Member Lewis, to approve the minutes of November 22, 1993 as presented. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Fogler and Lewis None Council Member McCandless Voting Nay: Absent: STAFF REPORT: Mark Mailes, Parks and Recreation Director reminded the Mayor and City Council of the Tree Lighting ceremony scheduled for December 9,1993. Gary Brock, a resident at 6349 Brompton, inquired if the City was going to correct a raw sewer odor at the corner of Duke and Brompton. Council Member Lewis asked the Public Works Director to give possible solutions to the problem. Ed Menville, Public Works Director stated that he was not sure if the odor Mr. Brock was experiencing was coming from the Nottingham Lift Station or if it is coming from a manhole located at the corner where he lives. Mr. Brock stated that the City has tried to use deodorizers and even in the last couple of weeks, a crew was filling up one of the old manholes. He just wanted to see if the smell could be eliminated. Mr. Menville stated that the City was in the process of sealing off the old sewer line and that chemicals were being introduced into the sewer line to try to alleviate the odor problem. He stated that the project was estimated to take two to three months. 7 ~ltJ. City Council Regular Session, December 6, 1993 ADJOURNMENT : A motion was made by Council Member Lewis, seconded by Council Member Rushing to adjourn to the workshop session. The regular session adjourned at 8:25 p.m. BILL WATSON MAYOR SUSANKI t:ULt:, A-P.MiNJSTRATIYESECRET ARY I ASSISTANT CITY SECRETARY 8 l _J l CITY COUNCIL WORKSHOP SESSION MONDAY, DECEMBER. 13, 1993 MtlNICIPAL BUILDING 3800 UNIVERsITY BLVD. 6:30 P.~M. ~vr . ,~.L~ Ifp/d The City Council convened in Workshop Session in the Municipal Building (3800 University Boulevard) on December 13, 1993, with the followin~ memberf? present: Mayor Watson pr~siding, Counc~l Members Rush=!--ng , LeW1S , and .McCandl~ss. The CltyManager, Clty Secretary, Clty Attomey, Flnance Dlrector, PubllC Works Director, Police Chief, Fire Chief, Building Official and Parks and Recreation Director were also present. AGENDAREVI~:TheC~ty Council revi~wed tl:e r~lar meeting agenda and discussed ltemsunderconslderatlonwlththe Staff. MATTERSREI..ATED TO. SIGN ORDINANCE: Council Member Rushing corrmented that since the Ordinance limited the display of. harmers to twelve a year, he asked if one particular group could request alltwel ve of the barmers. Steve Griffith, Police Chief, stated that when the Ordinance goes into effect, they will contact each group who has traditionally requested barmers. Council Member Rushing suggested that the Ordinance should be limited in someway so as to prevent one organization from reserving all twelve harmers for the year. Jim Dougherty, City At,tomey, stated that he thought the ordinance could be changed to say that any group or organization can only register so many per year. The City Council agreed to amend the Sign Ordinance to limit the number of banners to two for any person or organization in any given calendar year. MATTERS. . RELATED TO THE FEE ORDINANCE: Mike Tanner, City Manager, reported that many of the items in the Fee Ordinance were reclassified which allowed the schedule to be reduced to five pages instead of thirteen. Mr. Tarmer stated that the fee schedule did not include utility rates, the street franchise for the Corrpass Bank or the outside services the City provides Souths ide Place. !l,e; ;; City Conncil Workshop Session, December 13, 1993 REPORT. FROM COMMUNICATIONS COMMITTEE: Larry Massey, Chairman of the Corrmunications Corrmittee, reported on the progress of the Corrmittee. Kimber Hannon, a member of the Corrmunications Corrmittee, stated that they want to fo:r:m a West University Place Newcaner's Club solely for the social benefit of new residents. The club would begin with monthly coffees, a book study, a racquetball group and a galloping gounnet group. Conncil Member Rushing asked if the club would need funding. Mrs. Hannon reported that each group and event would be self sufficient. The dues paid by the club members will pay:for the newsletter. Rick Peters, a member of the Corrmunications Conmittee, reported on the progress of the City's Newcaners Brochure. He stated that they wanted the brochure to info:r:m new residents of the services offered by the City . They hope to provide infonnation ort cultural entertainment offered in the vicinity. Jim Pas samano , a member of the Corrmunications Conrnittee, reported that the fonnat will be a three ring binder with loose leaf paper so that infonnation can be changed quickly. Mr. Peters stated that the final version of the brochure will be submitted to the Conncll for approval. REPORT FROM CAPITAL IMPROVEMENT TASK FORCE: The City Conncilconsidered a report and recorrmendation from the Capital Irrprovement Task Force. Bill Mackey, Chairman of the CaI?ital Irrprovement Task Force, read a report to the City Conncil whlch included their recorrmendations on the "high irrpact" infrastructure irrprovements, tree preservation, street closures and parks. Mr. Mackey reconmended that, before the Conncil move forward with the infrastructure irrprovements, more facts be obtained on the seriousness of the sewer problems, a better identification of the problem areas in order of priority and a more scientific estimate of the incremental cost of a partial deviation from the high irrpact plan. i I L 2 l ; l C,:.L " City Council Workshop Session, December 13, 1993 Mr. Mackey reconmended that the Council adopt a more sensible tree preservation policy before going fo:rward with priority areas 2 and 3. He also suggested that certain. streets without houses fronting on them be closed and removed from the street replacement program. With regard to parks, the Task Force reconmended that the City endeavor to purchase the YMCA land when it becomes available. The City Council asked the members of the Task Force to attend the regular session.on January 10, 1994 to further discuss their recorrmendations. Mayor Watson recessed the workshop session at 7:30 p.m. to convene in regular session. At 8: 06 p.m., Mayor Watson reconvened the workshop session with the followins present: Mayor Watson presiding i Council Members Rushing, LeW1S, and McCandless. Staff members present were the City Manager, City Secretary, City Attomey, Public Works Director, Finance Director,Police Chief, Fire. Chief, Building Official and Parks and Recreation Director. . TREE PRESERVATION ORDINANCE: The City Council di scu.s sed amendments to the Tree Preservation Ordinance. Ted Eubanks,Chairrnan of the Environmental Issues Corrmittee, presented a list that surrmarized the amendments to the Tree Preservation ordinance. Mr. Eubanks reported that Section 2 of the adopt ins ordinance amends Section 6-3 of the Code of Ordinances assoclated with building standards. He stated that the EIC recommends that Section 2 (1-4) be referred to the Building and Standards Corrmission for their review and recorrmendation. Mr. Eubanks reviewed the amendments to Article XIV. They include the addition of a minimum I?lanting standard, definition of a tree t:rust and an amended defill1tion of.a tree disposition plan. The amendments also establish two methods of mitigating for the removal of or damage to a protected tree through planting replacement trees off-site or by obtainins replacement inches through a Tree Trust. Other amendments wll1 allow for the issuance of permits for tree removal without penalty and cost for 3 ~...l 4..~. ...~.. City Council Workshop Session, December 13, 1993 trees that create a hazard to human life or an existing building. Council Member Fogler arrived at 8:45 p.m. Amendments to the Criteria Manual include a restriction on the conditions that allow for a reduction in the number of required replacement trees, expands the maintenance procedures that may be required for replacement trees, establishes minimum planting standards for I?rojects involving major development and establishes cr1teria under which treesrnust be planted to attain the minimum planting. standard. Joe Mayer, a resident at 3785 Robinhood, spoke in opposition to the Tree Ordinance. He stated that the Tree Ordinance was an infringement upon his rights as a property owner and that it would never work. ADJOURNMENT: With no further business to come before City Council at this time, a motion was made by Council Member Lewis, seconded by Council Member Rushing to adjoum. The meeting adjoumed at 9: 10 p.m. BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY f- I I '- 4 l ~ l f I I - ----.0., ~ff ~~~ ~ CITY COUNCIL REGULAR SESSION MONDAY, DECEMBER 13, 1993 'MONICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on December 13, 1993, with the following members present: Mayor Watson presiding, Council Members Lewis, McCandless and Rushing. The City Manager, City Secretary, City Attorney, Finance Director, Public Works Director, Police Chief, Fire Chief, B~ilding Official and Parks and Recreation Director were also present. Interim Rector James L. Tucker of Palmer Episcopal Ghurch delivered the invocation and Council Member Lewis led the Pledge of Allegiance. Council Member Fogler was absent. l'm.TIONAL NIGHT OUT AWARD: Mike Eason, President of the Sentinel Club, presented the City of West University Place with the Rookie Award for National Night Out. STREET .EVENTS . ORDINANCE: Consideration was given to the second and final reading of Ordinance No. 1476. Mayor Watson read the caption of Ordinance No. 1476 as follows: AN ORDINANCE RELATING TO STREET EVENTS AND RESIDENTIAL REGULATIONS i AMENDING THE CODE OF ORDINANCES OF THE CI_TY OF WEST UNIVERSITY PLACE, TEXASiANDCONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance No. 1476, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member McCandless, seconded by Council Member Rushing to adopt Ordinance No. 1476 on the second and final reading.. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: 1 6>.~ City Council Regular Session, December 13, 1993 SIGN ORDINANCE: Consideration was given to the second and final reading of Ordinance No. 1477. Mayor Watson read the caption of Ordinan<::e No. 1477 as follows: AN ORDINANCE RELATING TO SIGNS; 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 No. 1477, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member Lewis, seconded by Council Member Rushing to adopt Ordinance No. 1477 with an amendment to Section 3-34 c(5) as follows: that no more than two banners for any single person or organization may be registered or displayed in any given calendar year. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting. Nay: Absent: FEE ORDINANCE: Consideration was given to the first and final reading of Ordinance No. 1475. Mayor Watson read the caption of Ordinance No. 1475 as follows: AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; AMENDING ORDINANCE NO. 1380 ADOPTED NOVEMBER 12, 1990; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN. EMERGENCY. Copies of Ordinance No. 1475, in the form required for adoption, were available to all members of the City Council. Mike Tanner, City Manager, pointed out that the Fee Schedule included a response fee for emergency medical service. This is a fee charged to a person that the Emergency Medical Service 2 l ~ I [ I - L.L../ City Council Regular Session, December 13, 1993 Technicians respond to, even though they may not be transported to a hospital. He stated that during the budget process, the Council had requested this fee be included. Council Member Lewis asked if the EMS had very many repeat responses. Mr. Tanner stated that there were residents who had on-going problems or conditions. A motion was made by Council Member Rushing, seconded by Council Member McCandless to adopt Ordinance No. 1475 on the first and final reading. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: 1993 BUDGET AMENDMENT: Consideration was given to the first and final reading of Ordinance No. 1478. Mayor Watson read the caption of Ordinance No. 1478 as follows: AN ORDINANCE AMENDING ORDINANCE NO . 1448 WHICH APPROVED THE BUDGET OF THE CITY OF WEST UNIVERSITY PLACE FOR . THE FISCAL YEAR BEGINNING JANUARY 1, 1993 AND ADOPTED ON NOVEMBER 16,1992; CONTAINING FINDINGSANDPROVTSIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. Copies of Ordinance No. 1478, in the form required for adoption, were available to all members of the City Council. Chris Taylor, Finance Director, reported that the Ordinance would allow money to be 'moved between Departments. He stated that he did not anticipate any money being needed from the Reserves for the 1993 budget to cover current expenses. A motion was made by Council Member McCandless, seconded by Council Member Rushing to adopt Ordinance No. 1478 on the first and final reading. 3 ~~l tJ ..~ City Council Regular Session, December 13, 1993 r '- The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: BUILDING REGDLATION ORD~! Consideration was given to the first'reading of Ordinance No. 1479. Ed Menville, Public Works Director, reported that the Ordinance will authorize a change to allow the exercise of discretion in everything except life and safety code requirements. It will allow the eliminations of Standard Housing Code inspections as a requirement and as a prerequisite to a Certificate of Occupancy when a home is sold or occupancy changes. It will also allow sidewalks to be fenced and utilized during construction. Mayor Watson read the caption of Ordinance No. 1479 as follows: AN ORDINANCE RELATING TO BUILDINGS AND BUILDING REGULATION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING CERTAIN SECTIONS OF CHAPTER 6; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. L Copies of Ordinance No. 1479, in the form required for adoption, were available to all members of the City Council. A motion was made by Council Member Lewis, seconded by Council Member Rushing to adopt Ordinance No. 1479 on the first reading. The motion was voted on with the following result: Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless None Council Member Fogler Voting Nay: Absent: COUNCIL COMMENTS: Council Member Rushing congratulated Mark Mailes, Parks and Recreation Director, on a good job with the Christmas Tree Lighting program. 4 l I ~ City Council Regular Session, December 13, 1993 Council Member Lewis asked about the flag design contest. Mr. Tanner commented that he thought the contest was being handled by the Communications Committee. Mayor Watson also commented that he enjoyed the Christmas Tree Lighting ceremony. STAFF COMMENTS: Mr. Tanner commented that he wanted to remind everyone about the Public Hearing on the amendments to the Tree Preservation Ordinance to beheld on January 15, 1994 at 9:00 a.m. Council. Member McCandless requested that the hearing be changed to 9:30 a.m. The City Council agreed. ADJOURNMENT: -: A motion was made by Council Member Lewis, seconded by Council I (Member Rushing to adjourn to the workshop session. The regular session adjourned at 8:00 p.m. ----, I \ I i BILL WATSON MAYOR KAYLYNN HOLLOWAY CITY SECRETARY 5