HomeMy WebLinkAboutMinutes_1994
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CITY COUNCIL WORKSHOP SESSION
MONDAY, JANUARY 10, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Workshop Session in the Municil?al
Building (3800 University Boulevard) on January 10, 1994, wlth
the followin;J members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis, and McCandless. The City
Manager, City Secretary, City Attorne:(, Finance Director, Public
Works Director, Police Chief, Fire Chlef and Parks and Recreation
Director were, also present.
AGENDA:REVIE.W: The City Council reviewed the re~lar meeting
agenda and discussed items under consideration wlth the Staff.
MATTERS, RELATED TO BUILDING REGOLATION ORDINANCE:
Council Member McCandless inquired about the elimination of the
Standard · Housing Code inspections as a requirement and a
prerequisite to a Certificate of Occupancy.
Mike Ta.rll1er, City Manager, reported that anytime a house is ,
vacatc=d a resident can not occup:( that house until the City has
inspected :i.tand issued a certiflcate of occupancy for it. This
has been .a,' real problem at times because many ,people obj ect to
this proceciure.Mr. Tanner, stated that the City will not longer
require this but will continue to offer it as a service, for a
fee.
MATrERSRELATED TO RETIREE BENEFIT ORDINANCE:
Council Member Lewis presented a report to the Council with some
facts and opinions on health care in the United States. She
stated that she did not feel the timing was right for the City to
obligate itself to additional health care benefits for employees
right now. She requested that the City Council table
consideration of the Ordinance for retiree benefits.
HOUSTON-TENNECO MARATHON:
The City Council considered a report from Larry Massey on
Houston-Tenneco Marathon preparation and activities.
Mr. Massey, Chairman of the Conmunications Corrmittee, reported
that West University Place is one of the focal points of the race
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City Council Workshop Session, January la, 1994
and has generated a lot of publicity. He stated that Houston
Bread Corrpany will be selling breakfast at the Little League Dug
OUt for spectators at the race. They are also sponsoring the
Mayor's Breakfast on Sunday moming. Mike Eason is bringing his
carmon that will be fired when the first wheel chair crosses into
the city limits and also when the first male and female runner
enter the city.
PRIORITY AREA 2 RECONS~ION:
The City Council considered a report on Priority Area 2
Reconstmction, tree preservation and authorization to bid.
Ed Menville, Public Works Director, stated that Forestry'
Associates were contracted to prepare plans and specifications on
the tree preservation aspects of the reconstmction of priority
area ,2. One issue is tree removal. Trees will be appraised and
designated for removal only if the tree is dead, the tree is in
deep decline and its condition can not be reversed, the tree is a
hazard because of stmcturalweakness, the tree is in the way of
proposed futureconstmction or the tree is growing under power
lines and must be trimmed so drastically that the tree will be
unlikely to survive.
Mr. Menville reported that Forestry Associates is recommending a
treatment schedule for trees in the area. The priority of
treatment will be tree pruning, fertilization, root pruning and
installation of the tree protection fencing. Tree pruning and
fertilization shouldbepreconstmction activity and root pruning
and the protected fencing will be during the actual constmction.
Jack Hill from Forestry Associates estimated the cost of the
preliminary work to be $26, 000 and the cost of the constmction
preservation work to be $22,600. The actual cost will be
detennined when the City proceeds with the formal bidding
process.
Mr. Menville stated that the Staff needed to know if the City
Council agreed with the tree preservation procedures as outllned
by Forestry Associates and if they should continue along those
lines.
The City Council requested that all the residents in the area be
notified, in advance, of any work in the area. They requested a
presentation on the final plans before the bidding process
begins.
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City Council Worksh9p Session, January 10, 1994
Mr. Hill stated that the final plans will be ready in two to
three weeks.
Mayor Watson recessed the workshop session at 7:30 p.m. to
convene in regular session.
At 8:50 p.m., Mayor Watson reconvened the workshop session with
the following present: Mayor Watson presiding; Council Members
Rushing, Fogler, Lewis, and McCandless. 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.
DUKE/BROMPTON AREA COMPLAmr:
The City Council considered a report ona Duke/Brompton Area
complaint and authorization to eliminate it.
Mr. Menville reported that he had received several complaints
about sewer odors in the Duke/Brompton area. It has been
determined that sewage is escaping from the City'S main sewer
line and entering the stann sewer line because of a junction box
that was constructed' years ago.
Dieter Ufer, Consulting Engineer from Langford Engineering,
stated that a junction box is typical in construction' where there
is a vertical conflict between two lines. The box allows stonn
water to flow around the sanitary sewer line, both above and
below. The box must be maintained so that the space underneath
does not fill with silt. Mr. Ufer stated that he has worked for
the City since 1972 and never knew the junction box existed.
Mr. Menville stated that in order to eliminate the problem, he
recorrmendedthat a short section of the sanitary sewer main be
sliplined. He requested that this be done on an emergency basis
and be allowed to contract directly with Insitufonn.
A motion was made by Council Member Fogler, seconded by Council
Member McCandless to authorize the Staff to proceed without
fo:rmal bids to repair the sanitary sewer line in the
Duke/Brompton Area on an emergency basis and the budget be
amended to appropriate the utility fund reserve.
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
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City Council Workshop Session, JanuarylO, 1994
Voting Nay:
Absent:
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None
None
PAY PLAN AMENDMENT:
The City Council considered a report on the appointment of a
Chief Building Official andamendffient of the Pay Plan .
Mr. Tanner reported .that Ed Menville, the Public Works Director,
is delegated the ,authority, ,by the City Manager, to appoint a new
Chief Building Official. Mr. Menville would like to' appoint
Dennis Holm as Chief Building Official if ,the City Council will
amend the pay plan and approve a salary that ,Mr. Holm will
accept. The pay plan does not pe:rmit a starting salary that
exceeds $33,924 but Mr. Holm would like a starting sal~ of
$42,500. Mr. Tanner stated that Mr. Holm is highly quallfied and
well worth the recorrmended salary.
Council Member Fogler corrmented that she was inpressed with Mr.
Holm's experience in training people. If the City can gain, a
person in-house who can supply the needed training., then this
could possibly save the City money in the long run.
Council MeroberLewis inquired as to what other Building Officials
were paid in other cities like Bellaire or La ,Porte.
Mr. Tanner stated that he called the President of the Texas
Association of Chief Building Officials and a representative in
Austin from the Standard Code Group. He conmented that if the
City Council wants a professional who has served a lcu:ger city,
then they will probably have to pay $40,000 to $50,000 a year.
Mr. Holm has requested a starting salary of $42,500 to accept the
job at the City of West University Place.
Mayor Watson asked if the Staff had discussed the hiring of Mr.
Holm with the Building Quality Task Force. Mr. Menville reported
that he had spoken with Bob Semands, Chairman of the Task Force,
and Mr. Semands was supportive of Mr. Holm's enployrnent.
A motion was made by Council Member Fogler, seconded by Council
Member Rushing to amend the pay plan to pe:rmit a starting salary
of $42,500 for Mr. Holm as Chief Building Official.
The motion was voted on.with the following result:
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City Council Workshop Session, January 10, 1994
Voting Aye:
Voting Nay: ,
Absent:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
ARBITRAGE REBATE:
The City Council considered a report on the 1988 Bond Issue
arbitrage rebate.
Chris Taylor, Finance Director, stated that the IRS institutes
bond arbltrage rebate requirements. The purpose of these
regulations are to prevent tax exempt bond issuers from selling
bonds to earn income off the interest rate spread between tax
exempt bonds and taxed investment&: The IRS requires that the
tax exempt issuer must rebate all interest eamed on the proceeds
that are in excess of the interest paid on the bonds.
The amount of excess eamings owed to the IRS is $196,100. These
funds will be paid out of interest eamings in the Capital
Project Fund.
PUBLIC HEARING:
The City Council discussed a public hearing on Tree Preservation
Ordinance amendments scheduled to be held January 15, 1994.
Mr. Tanner asked the City Council to agree on some public hearing
rules and regulations and possibly set a time limit for each
speaker.
The City Council agreed that Mayor Watson will start the public
hearing with an opening statement on the procedures and Council
Member Fogler will explain the amendments to those attending the
meeting.
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 to adjoum. ' The meeting adjoumed at 10: 05
p.m.
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BILL WATSON
MAYOR
KAYLYNN HOLLOWAY
CI TY SECRETARY
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CITY COUNCIL,REG(JLAR SESSION
MONDAY, JANUARY 10, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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The City Council convened in Regular Session in the Municipal
BUllding (3800 university Boulevard) on January 10, 1994, with
the following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis and McCandless. The City Manager,
City Secretary, City Attorney, Finance Director, Public Works
Director, Police Chief, Fire Chief and Parks and Recreation
Director were also present. Mayor Watson delivered the
invocation and Council Member McCandless led the Pledge of
Aliegiance.
CITIZEN COMMENTS:
Mayor Watson invited residents who wished to address the City
Council to come forward as their names were cailed.
Dorothy Rieger, a resident at 6516 Brompton, requested that the
City'S Public Works Department continue with the solid waste
pick-up rather than privatizing to an outside company. She
stated that residents feel safer with City employees in thei~
neighborhood doing the work. She presented the City with a
petition signed by the Senior Services Board Members requesting
the Council to reinstate the delivery of garbage bags.
Bobbie Hardy, a resident at 3717 Nottingham, read a letter that
she had sent to the City Council opposing privatization of solid
waste services.
Cynthia Neal, Vice-Chairman of the Recycling Committee and a
resident at 2616 Pemberton, spoke to the City Council about the
closure of the recycling drop-off on Milton Street. She stated
that she has had concerned residents call her about the closure.
Mrs. Neal also stated that her general view was that the City
should not dispense garbage bags but if garbage bags were going
to be dispensed, then it should be done for a fee.
William J. Macha, a resident at 4140 Case, complained about the
trash pickup at Colonial Park and the trash receptacles being
left out.
SOLID WASTE MAm.GEMENT AND PRIVATIZATION:
Consideration was given to solid'waste management, privatization
and authorization to bid.
Chris Taylor, Finance Director, reported that in order for the
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City to return to garbage bag distribution, it would cost the
City $80,000. He presented a cost analysis and funding
alternatives to the City Council. These included the cost of the
bags being absorbed by the residents and eliminating the Senior ~
Citizens discount.
Council Member Lewis suggested having the garbage bags shipped in
smaller quantities, in order to solve the storage problem at City
Hall.
Mike Tanner, City Manager, pointed out that if the City does not
privatize, then they will have to spend approximately $136,000
for a major sideloader and a recycling truck. The resident rates
will increase $2.10 per account.
Mr. Tanner presented a list of advantages and disadvantages to
privatization of solid waste services. He stated that the Staff
does not know, without formally bidding privatization, what the
cost savings will be to the City.
A motion was made by Council Member Lewis, seconded by Council
Member Fogler to authorize the City Staff to investigate
privatizing the solid waste management through the bidding
process.
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:
BUILDING REGOLATION ORDINANCE:
Consideration was given to the second and final reading of
Ordinance No. 1479.
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 CERTAINSECTIQNS OF CHAPTER 6; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
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 Rushing, seconded by Council
Member McCandless to adopt Ordinance No. 1479 on the second and
final reading.
The motion was voted on with the following result:
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City Council Regular Session, January 10, 1994,
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
ORDnmNCE FOR RETIREE BENEFITS:
Consideration was given to the first reading of Ordinance No.
1474.
A motion was made by Council Member Lewis, seconded by Council
Member Fogler to table consideration of Ordinance No. 1474 which
relates to retiree benefits.
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
BIDS FOR THE PURCHASE OF POLICE PATROL CARS:
Consideration was given to bids received December 16, 1993 for
the purchase of 2 new Police patrol cars.
Bidder
The following bids were received:
A.C. Collins Ford
Texan Ford
Charlie Thomas Ford
Russell & Smith Ford
Chuck Miller Ford
B.J. Ford/Mercury
Lone Star Ford
Mac Haik Ford
Sinole Unit Cost
Two Unit Cost
$14,994
$15,625
$15,200
$15,410.50
$15,190.75
$15,598
$15,323.25
$15,l84.
$29,988
$31,050
$30,400
$30,821
$30,381.50
$31,196
$30,647.50
$30,368
Council Member McCandless asked the Police Chief if the bids
included the 100,000 mile warranty maintenance.
Steve Griffith, Police Chief, replied that the bids include the
warranty maintenance. He stated that the Staff is recommending
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City Council Regu~ar Session, January 10, 1994
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the low bid received from A.C. Collins Ford.
Amotion was made by Council Member Fogler, seconded by Council
Member Rushing to accept the low bid submitted by A.C. Collins
Ford in the amount of $29,988 foy/the purchase of two police
patrol cars.
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:
PARKS. GROUNDS AND RIGRT-OF-m.V JQ~N'~.
Consideration was given to the renewal of a parks, grounds and
right-of-way maintenance agreement with Landscape Professionals
of Texas, Inc.
Mark Mailes, Parks and Recreation Director, recommended to the
Council that the City renew the landscape maintenance contract
with Landscape Professionals of Texas, Inc. for one year in the
amount of $40,000. He added that Landscape Professionals have
provided excellent service in the City.
Council Member Rushing asked how the City pays for the services.
Mr. Mailes replied that Landscape Professionals bill the City
monthly on services rendered.
A motion was made by Council Member Rushing, seconded by Council
Member Fogler to accept the renewal of the maintenance contract
with Landscape Professionals of Texas, Inc. for one year in the
amount of $40,000. '
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:
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City Council Regular Session, January 10, 1994
CONTRAcr FOR GANG RELATED INFORMATION TRACKING 'SYSTF.M:
Consideration was given to a contract with Harris County that
grants access to a gang related information tracking system.
Chief Griffith recommended that the City enter into a contract
with Harris County for access to their gang related information
tracking system. This will allow the department to have access
to information gathered by other agencies on gang members and
gang related activities. There is no cost to the contract.
A motion was made by Council Member Fogler", seconded by Council
Member Rushing to accept the contract for the gang related
information tracking system with Harris County.
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 MINOTES:
Consideration was given to the minutes of the following City
Council meetings:
(a) Regular Session conducted on December 6, 1993
(b) Workshop Session conducted on December 6, 1993
(c) Regular Session conducted on December 13, 1993
(d) Workshop Session conducted on December 13, 1993
A motion was made by Council Member Rushing, seconded by Council
Member Lewis to approve the minutes of December 6 and 13, 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:
C01:JNCIL COMMENTS:
Council Member Lewis thanked those in attendance for corning to
the Council meeting.
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city Council Regular Session, January 10, 1994
Council Member Rushing'commented that he was beginning to realize
how important to residents the management of solid waste is. He
thanked everyone for their input.
Council Member Fogler commented that she felt that everything the
Council had talked about regarding trash reflects, not so much on
the opinions about trash, but on the handling of the public
relations regarding trash. She stated that the Council still
needed to get to the point where they discussed items first
before acting on them.
Council Member McCandless commented that he would like to see
some of the other Committee Chairpersons attend the Council
Meetings.
ADJOURNMENT:
A motion was made by council Member Lewis, seconded by Council
Member Fogler to adjourn to the wo+kshop session. The regular
session adjourned at 8:40 p.m.
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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CITY COUNCIL PUBLIC HEARING
SATURDAY ,JANUARY 15, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
9:30 A.M.
A public hearing was held before the City Council of West
University Place in the Municipal Building (3800 University
Boulevard) on January IS, 1994, with the following merribers
present: Mayor Watson presiding, Council Merribers Rushing, Fogler,
Lewis and McCandless. The City Manager, City Secretary, Public
Works Director, Urban Forester and City Attorney were also
present.
The purpose of the hearing was to provide an opportunity for
parties in interest and citizens to be heard in relation to
proposed amendments to the Tree Ordinance of the City.
Mayor Watson asked everyone who wished to address the City
Council to limit their comments to three minutes and to speak
only about the Tree Ordinance and the proposed amendments.
Council Merriber Fogler presented the proposed amendments to the
Tree Ordinance as follows:
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Tree Trust Fund
Freedom to remove a hazardous tree.
No replacement trees are required if the property meets the
par standard
Replacement - same size rating as removed trees
New minimum standards that apply only to major redevelopment
Tougher fencing standards and provides for a warning sign
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5.
6.
CITIZEN COMMENTS:
Mayor Watson invited residents who wished to address the City
Council to come forward as their names were called.
Paul Van Wagenen, a resident at 6433 Sewanee, stated that he was
worried and felt there were some problems with needless costs
which include rules that require you to carry out your
destruction while carrying out your construction. He stated that
this could cost the owner in property value and also cost our
neighbors, in the tax basis, when they can not build the house
that they want. Mr. Van Wagenen felt that he had certain rights
in America which include the right to build your house, put it
where you want it and certainly protect your trees and your
neighbors interest also.
Harold Evans, a resident at 5801 Annapolis, spoke in favor of the
Tree Ordinance. He opposed the large homes being built on the
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City Council Public Hearing, January 15, 1994
small lots which leave no room for trees.
Tim Berkstresser, a resident at 4201 Lehigh, opposed the Tree
Ordinance. He stated that when he built his home the contractor
cut a few limbs off of his elm tree in order to drill the piers
to his home. . The Building Department closed his project down for
two days and then it started raining for thirty days. His piers
had been drilled and all caved in during the rain. This added
an additional $4,8DO to the total cost of his home. Mr.
Berstresser stated that he spent $1,000 putting a thirty foot
tree in his front yard, on his own accord, and did not need
anyone to tell him that he should replace trees that he had cut
down. He asked that the Council be reasonable about the
enforcement of the Tree Ordinance.
Lynn .Miller, a resident at 3020 Rice, stated that when she built
her house, the builder was very responsible but she still lost a
25 foot-red bud tree. She stated that the loss was unavoidable
but it would have been nice to have had the Tree Trust so that a,
tree could have been planted somewhere else. She approved of the
amendments to the Tree Ordinance.
Dick Ayers,a resident at 2723 University, suggested that the
Council take the original Tree Ordinance t4at was used 16 years
ago and study the problem from beginning to end. He stated that
he was there for the good of the City not for the good of a small
group of people. He asked that building regulations be taken out
of the Tree Ordinance.
Mayor Watson informed Mr. Ayers that the building regulations
were being referred to the Building & Standards Commission for
review and would not be a part of the Tree Ordinance.
David Washburn, a resident at 4210 Swarthmore, spoke in favor the
amendments to the Tree Ordinance.
Jack Korber, a resident at 2911 Robinhood, reported that when he
built his house, he added words in the contract in order to
protect the tree in his front yard. The builder immediately
ruined the tree by digging up the driveway and roots of the tree.
He also made other construction errors that destroyed the root
system of the tree. Mr. Korber stated that he was in favor of
having a tree ordinance particularly to protect the trees along
the streets. He stated that he had a little more concern about
other parts of his yard which becomes a little more personal.
Regarding the amendment concerning off-site replacement, he
stated that to some degree he agreed with this but he felt the
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City Council Public, Hearing, January 15, 1994
"par" standard was more than he would like to see in an
ordinance. He stated that he agreed that permits, in some cases,
should be required for the removal of trees but felt homeowners
should have a little more discretion in tree pruning. He
strongly agreed with the tree replacement amendment of "same size
rating as trees removed". Mr. Korber stated that he is mainly
concerned about the minimum standards for new construction. He
reported that there was noway hen could put four trees ,on his lot
and did not feel he should have to contribute to a tree trust
because he felt the standard was set too high. He stated that he
is in favor of the amendment concerning fencing.
John Fenoglio, a resident at 3017 Albans, stated that he was a
strong proponent of the Tree Ordinance and highly endorsed the
Tree Trust Fund.
Diana Freeman, a resident at 3114 Sunset, spoke in favor of the
Tree Ordinance. She reported that cities allover Texas have
requested copies of West University's Tree Ordinance.
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Bob Higley, a resident at 3004 Rice, stated that he had some
problems with the amendments to the Tree Ordinance. He asked the
Council to consider West University Place as a city not as an
urban forest and asked that the Council strike that language in
all partsbf the Ordinance. Mr. Higley stated that he was very
suspect of the Tree Trust concept. He stated that in conceptual
terms, the Tree ordinance breaks down in different ways, those
being current homeowners and developers. He commented that Mayor
'Watson had stated that the City has the duty and obligation in
the area between the curb to the front line of the house to
regulate what happens. Mr. Higley stated that he agreed with
this but the homeowner has the right to regulate what happens in
the backyard and the side of his home. He asked the Council to
please embrace this in the changes in the Ordinance.
Mayor Watson asked Mr. Higley to put his comments in writing for
the Council's consideration.
Dr. Francis Arrighi, a resident at 3036 Albans, opposed the Tree
Ordinance because she felt it took away the rights of citizens.
She opposed the amendment concerning minimum standards. She
stated that she felt citizens were building too much house per
lot size.
Susan Kasper, a resident at 4127 Cason, stated that she supported
all the amendments to the Tree Ordinance." She read a statement
from Remodeling Magazine Which promoted saving trees during
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City Council Public Hearing, January 15, 1994
construction. Ms. Kasper stated that no one had the right to
kill the trees on her property but without a tree ordinance this
would happen. She commented that the new fencing amendment will
protect the trees before any type of work begins on the property.
Sam Sorbello, a resident at 4206 Villanova, stated that he
supported the existing Tree Ordinance and the proposed amendments
especially the ' new fencing requirement.
Ralph Rice, a resident at 2622 Sunset, supported the amendments.
Joan Jordan, a resident at 2804 Nottingham, stated that she
supports the Tree Ordinance and the proposed amendments.
Kyle Pentecost, a resident at 2606 Centenary, expressed
opposition to the Tree Ordinance and the proposed amendments. He
stated that the Ordinance treads upon his inalienable
constitutional rights. He stated that trees are a renewable
resource.
Laura Thomas, a resident at 2912 Robinhood, supported the Tree
Ordinance and the proposed amendments. She asked for tougher
fencing standards.
Dorothy Rieger, a resident at 6516 Brompton, stated that she
supported the City having a tree ordinance. She commented that
the City would not need a tree ordinance if builders had not
taken over the City and built large homes with big driveways and
garages.
Mike Eason, a resident at 3323 Bissonnet, stated that he felt
individual property owners should have some rights and be able to
do what they need to do on their own property. He agreed that
the City should be responsible for the trees in front of the
sidewalks to the streets but he felt the City Government had
imposed enough regulations. Mr. Eason stated that he thought the
Tree Trust could be discriminatory based on the lot size owned.
Carl Hock, a resident at 4134 University, commented that he did
not think the Tree Trust was designed so that the contributed
money could only be used in West University Place. He felt the
freedom to remove hazardous trees is a good change to the Tree
Ordinance but did not think it was strong enough in the
definition of a hazardous tree. Mr. Hock stated that, according
to the handout, the replacement of trees on property to meet par
standards penalized the homeowner and not the contractor. He
thought the handout was not consistent with the actual Ordinance.
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City Council Public Hearing, January 15, 1994
He stated that he could not see where the amendments to the Tree
Ordinance were giving preferential treatment to homeowners over
contractors.
Bob Semands, a resident at 4039 Swarthmore, stated that the
builders put a tremendous amount of money into the City which
supports the Inspection Department and part of the Urban
Forester's salary. He commented that he had a problem with the
way the whole ordinance was working. He felt the Ordinance was
to complex and has the potential of running expenses way up.
Robert T. Adams, Jr., a resident at 4031 Byron, commented that he
was not opposed to protecting trees and he did so whenever
possible. He stated that he was opposed to the Tree Ordinance
because trees were a renewable resource. Mr. Adams commented
that he would be much more in favor of some adjustment whereby at
the time of taking out apermit, the builder had a fixed fee,
whether he had any trees on the lot or not, that went into a more
manageable sum than the Tree Trust. The fund could then be used
for trees on the City property between the sidewalk and streets.
He stated that the economy of the Tree Ordinance needed to be
looked at.
Linda Day, a resident at 4224 Lehigh, stated that she wanted to
respond to some of the comments made by residents. She stated
that many people spoke about private property rights, but West
University Place is a zoned city. There are all kinds of ways
the City tells homeowners exactly how they can build their homes
and what they can and can not do with their property. She stated
that the City is an urban forest and should be protected by the
City as well. Ms. Day stated that the amendments were designed
to make the Ordinance more flexible. The par standard numbers
can be changed. The Tree Trust is designed to recapture money
that is being lost" to variances. The builder makes a tax
deductible donation to Trees For'Houston who will then plant and
maintain those trees for the City, within the City.
Gene McFaddin, a resident at 2634 Amherst, opposed the current
Tree Ordinance. He stated that it is too onerous, intrusive and
almost unworkable. Mr. McFaddin stated that he supported most of
the amendments but was concerned about the Tree Trust. He did
not think property owners should be required to make
contributions to a charity like Trees For Houston unless it was
certain the funds were earmarked for West University Place.
Larry Massey, a resident at 6410 Community, commented that he was
involved with the campaign that resulted in the current Tree
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City Council Public Hearing, January 15, 1994
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Ordinance and was also involved in a number of meetings that led
to discussions of the Ordinance. He stated that the community
should be working together and balance the needs of the builders
and the residents. Any time an ordinance of this power comes
before the residents, they need to understand what is happening
for the future of, the City. Mr. Massey stated that he would
personally like to see less regulation.- He believes that
citizens will do the right thing. The City needs to focus on
educating builders on how to properly maintain trees. He
commented that adversarialnewsletters like the one written by
the Tree People will not encourage cooperation.
Jeff Jordan, a resident at 2804 Nottingham, supported the
amendments to the Tree Ordinance especially the Tree Trust.
Joan McCay, a resident at 3029 Carnegie, stated that residents
bought into, the ambiance of the neighborhood and the tree lined
streets in West University Place wh~n they purchased their homes.
She stated that in the past 10 years, developers have built
speculative homes, leveled trees and changed our neighborhood.
Ms. McCay stated that she felt it was important for people to
realize that when they buy into a zoned city, they give up some
private and constitutional rights. She stated that she supported
a tougher and stricter Tree Ordinance.
Crista Burington, a resident at 4223 Lehigh, commented that she
supported the Tree Ordinance.
Ted Eubanks, a resident at 2701 Amherst, spoke about the Tree
Trust and the tree list in the criteria manual. He stated that
the idea behind the Tree Trust was patterned after a wetland
mitigation trust. Wetland mitigatioll trust allows a developer to
buy into wetland mitigation versus stopping a project pending
some sort of onsight mitigation. Onsight mitigation is not
always possible or desirable. The Tree Trust will allow the
homeowner or developer to buy a piece of paper, which is a tree,
and then continue with the project. If a house is being built in
July or August, you may not want to plant the tree until
February. The Tree Trust will give some flexibility on when the
homeowner would like'to landscape. Mr. Eubanks stated that the
tree list in the criteria manual has native trees in class I and
II so that the list is weighted.
Roger Martin, a resident at 6532 Mercer, stated that it is not
the builder who pays for trees. It is the current homeowner who
wants to sell his lot. If the lot has a huge tree in the middle
of it, then the lot is worth a certain amount of money minus the
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City Council Public Hearing, January 15, 1994
tree. Trees have become a liability. It would be to the
economic benefit of the seller to kill the tree that is in the
middle of the lot. Mr. Martin stated that a builder will try to
save the trees if humanly possible. He asked the Council to not
pass an onerous ordinance that punishes people that don't deserve
to be punished. Mr. Martin also expressed concern about a
construction project being stopped in order to protect the drip
line of a neighbors tree.
Mark Fisher, a resident at 3729 Sunset, supported the current
Tree Ordinance and the proposed amendments.
Baroque Fineberg, a resident 4127 Cason, commented that he
thought in the long run everyone would benefit from the
activities of the Tree People. He supported the proposed
amendments.
Arje Gerecht, a resident- at 6340 Community, stated that he has
built approximately 42 homes in West University Place. He use to
live in River Oaks but chose to live in West U., not because of
the ambiance or trees, but because of the location. Mr. Gerecht
stated that the Council needs to consider who is paying the
property taxes. He felt the Building Inspection Department
should have no authority to stop a job.
Bob Whitman, a resident at 4103 Milton, stated that he is a
member of the Building Quality Task Force. He expressed concern
that there was not a proposal for any coordination with the
Committee regarding the Tree Ordinance. He felt the Tree
Committee should work with the Building Quality Task Force.
Steve DuConge, a resident at 4118 Riley, stated that he was
against legislative action in backyards. He has thirteen trees
in his yard which prevents him from having a garden because he
does not receive enough sunlight. Mr. DuConge did not think he
should have to get a permit or ask for permission so that he can
do what he wants in his backyard. He stated that he was not
totally against the proposed amendments but the City had not yet
reached a consensus. He asked the Council to get the builders
involved and consider the rights of the homeowners.
Michael Bates, a builder in West University Place, stated that he
picked a perfect lot to build on that has no trees but is
surrounded by beautiful trees. He stated that he did have areas
that will need to be fenced because critical root zones are in
the lot. Mr. Bates stated that three years ago, he was
inadvertently involved in killing a large tree. He was told by
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City Council Public Hearing, January 15, 1994
an urban forester that the only way to save some trees is to
build smaller homes. The price of the land in West University
Place drives the size of the homes up. Mr. Bates stated that
this will not change unless the City is willing to restrict the
size of homes by reducing the building area, which would
obviously enhance the ability to protect trees. He commented
that he supported some of the proposed amendments. He suggested
that the Council pass a tax increase to create a specific fund to
enhance City property~
Janice Lang, a resident at 3008 Quenby, stated that she was on
the City Council when the first Tree Ordinance was passed. She
commented that they started from scratch with the old ordinance
and worked their way up. Ms. iJang stated that the previous
Council anticipated this meeting because they knew the Tree
Ordinance would need to be refined. She felt the only way to
protect the urban forest and ambiance of the City was to control
the footprint of the homes.
Linda Brannen, a resident at 4131 Southwestern, stated that she
supported the Tree Ordinance and the, proposed amendments. She
asked that the community work together to save the trees.
Molly Gerecht, a resident at 6340 Community, stated that the City
needs to trust the homeowners to do tl;re right thing and plant
trees. She suggested putting trees~riplaces that do not impact
on the private rights of the homeowners.
Sue Porretto, a resident at 2640 Arbuckle, commented that she
lived in one of the big homes that a few people spoke against
but, they took the responsible way and planted lots of trees.
She stated that she voted for the present Council because she
expected them to do the right thing., She appealed to the City
Council to protect the integrity of the City.
John Putnam, a resident at 3808 Nottingham, stated that he
supported the Tree Ordinance and the proposed amendments. He
felt that the builders care about the trees in the neighborhood
but the people who work for the builders do not. The builder is
not always there to oversee what is going on. Mr. Putnam-stated
that the citizens need to protect their own property and he feels
the Tree Ordinance will do this.
Henry Buck, a resident at 3411 Plumb, stated that he thought the
Tree Ordinance should be repealed because it is an insult to the
homeowner. He commented that he could not imagine a homeowner
deliberately damaging an asset to their property.
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City Council Public Hearing, January 15, 1994
Mayor Watson asked if anyone else had any new comments to add to
the meeting.
Ms. Kasper gave the City Secretary some written comments from
residents who could not attend the public hearing. Mayor Watson
asked that these be included in the records of the hearing.
Mr. Semands reported that the Building Quality Task Force met
with foundation repair people who identified trees as one of the
larger sources of the cause of foundation failure. He stated
that if people plant trees closer than 20 to 25 feet to a slab,
then foundation failure will possibly occur as the tree matures.
Council Member Fogler asked Mr. Semands if putting a slab on top
of where a tree was removed would cause a problem. Mr. Semands
stated that if the tree is not taken out properly then a problem
with the foundation could occur.
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Ms. Kasper commented that the tree list provides for trees that
are small and appropriate to be planted close to the foundation
of the home.
Peggy Pentecost, a resident at 2606 Centenary, stated that she is
opposed to the restrictiveness of the current Tree Ordinance.
She felt that citizen's constitutional rights are being violated.
Ms. Pentecost opposed the use of the City Currents to promote the
Tree Ordinance. She commented that she thought a survey strictly
about trees would be more beneficial in getting public opinion
because so many people were not able to attend the public
hearing.
Mayor Watson stated that if anyone else had specific questions,
the City Council would answer questions on art individual basis.
ADJOURNMENT:
A motion was made by Council Member Lewis, seconded by Council
Member Fogler to adjourn the public hearing. The hearing
adjourned at 12:10 p.m.
BILL WATSON
MAYOR
KAYLYNN HOLLOWAY
CITY SECRETARY
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CITY COUNCIL WORKSHOP SESSION
MONDAY, JANUARY 24, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Workshop Session in the Municipal
Building (3800 University Boulevard) on January 24, 1994, with
the followin$ members present: Mayor Watson presiding, Council
Members Rushlng, Fogler, Lewis, and McCandless. The City
Manager, City Secretary, City Attomer, Finance Director, Public
Works Director, Police Chief, Fire C1:llef and Parks and Recreation
Director were also present.
CAPITAL IMPROVEMENT TASK FORCE 'REPORT:
The City Council considered a report and recorrmendations
presented by Bill Mackey, Chai:r:man of the Capital Improvement
Task Force.
Mr. Mackey stated that the TaskForcehadIPresenteda report
dated December 13, 1993 for the City Councll' s consideration. He
recorrmended making ,the following deletions from that report.
1. Delete the high impact section in its entirety. Mr. Mackey
stated that the TaskForce's final reJ?Ort will recommend an
implementation plantl:1at will result In new sanitary sewers and
water lines for the entire city by the end of 1998. This plan
involves a minor deviation from the high impact approach but it
will complete the sewer program about five years earlier than
pure high impact.
Mr. Mackey stated that the TaskForce feels the sewer project is
more important than street reconstruction. This idea will not
slow down the street program but will accelerate the sewer
program.
2 . Delete the section on street closings. Mr. Mackey stated
that closing any street is certain to be controversial which
might jeopardize the bond election necessary to carry the
infrastructure program beyond Area 3.
3. Delete the section on Areas 2 and 3 for the reasons set
forth in No. 1 above. Mr. Mackey stated that this had to do with
changing the bid packages in Areas 2 and 3 which they originally
thought might produce a more accurate number' as to the amount
that could be saved by high impact.
Mr. Mackey reported that the Capital Improvements Task Force
expected to deliver their final report to the City Council by
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City Council Workshop Session, January 24, 1994
February, 14 . This report will include specific recommendations
for irrplementing and financing a corrplete infrastructure program.
It will also include an operating plan for the YMCA. Mr. Mackey
stated that one of the objections he had received about the City
purchasing the, YMCA property, was the problem of operation. The
City can either, not 'operate the 'YMCA and demolish the 'standing
structure or consider a plan by the Parks Sub-Corrmittee for
operating the facility.
The Task Force is, going to recommend that the City have a bond
election in 1994 to cover the entire infrastructure program.
This will make it less likely that a subsequent Council will walk
away from this program, if the voters have already approved of
it, even though the bonds have not been sold.
AGENDA REVIEW: The City Council reviewed the r~lar meeting
agenda and discussed items under consideration wlth the Staff.
MATI'ERS . RELATING ',TO' PARK IMPROVEMENTS!
Mark Mailes, Parks and Recreation Director, discussed park
irrprovements as reconrnended by the Parks and Recreation Board.
Council Member'Lewis asked if the City Council could see what the
parks and Recreation Board were going ,to use the requested money
for.
Mr. Mailes stated that there is a Tapley Lunow Master Plan for
the City parks that was approved by previous Councils.
Mike Tarmer,City Manager, stated that the City Council will
approve a particular design which will be bid by a contractor
before any major expenditures are made.
MATI'ERS RELATED TO RETIREE BENEFIT ORDINANCE!
Council Member Lewis expressed opposition to the Retiree Benefit
Ordinance. She stated that in the future many corrpanies will be
hiring employees without benefits being a significant issue ,
because corrpanies can no longer afford it. She commented that a
I?revious Council had the foresight to take away the retiree
lnsurance and now this Council is being asked to reinstate it.
Council Member Fogler inquired about the cost to a retired
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City Council Workshop Session, January 24, 1994
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individual if they paid their own premiums for the health
insurance. She corrmented that she thought the City's health
insurance would be substantially less expensive than a Cobra Plan
or somedtherpri vate insurance.
Mr. Tanner stated that, he thought errployees would aPl?reciate and
accept the retiree health insurance under any conditlons or
limitations.
Council Member McCandlessconmented that he believed errployers
should do more for their errployees. He stated that he did not
see anything in the proposed retiree health care package that
deviates far from what the Houston Corrmunity College offers or
what Shell oil COll1?any offers. If errployees do not retire until
age 65 then there lS not any debt to the City. Council Member
McCandless stated that he thought the retiree health insurance is
an ilI!??rtant portion of anerrplo~ee' s salary package. The
Councll should have an interest ln family welfare.
Council Member Rushing comnented that he did not think the
private sector could be compared to the public sector. He stated
that he thought one of the trade offs a person makes when they
are in the public sector, since there is generally less income,
is ihthe retirement plan.
Council Member Lewis stated that she felt it was inappropria.te
for the City to make a comnitment at this time when health care
is an unresolved issue.
Mr. Tanner stated that the City Council's decision'will not be
final and binding on future City Councils if they choose to drop
the retiree health care.
TASK FORCE TERMS COMPLETION:
The City Council considered task force te:r:ms and notification.
Mayor Watson stated that the Capital Irrprovement Task Force will
present their final report by the regular session on March 14.
Council Member Fogler stated that she thought the Building
Quality Task Force had met with all of the interest groul?s that
they had planned on meeting with. She thought the Councll should
request a report from the Task Force.
Mr. Tanner stated that the Resolution that appointed the Task
Force gave them six months. If the Council wants to extend their
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City Council Workshop Session,January 24, 1994
term, then another resolution will need to be passed.
Council Member Fogler suggested that the Council look .at the
Building Quality Task Force's recommendations and go ,fo:rward from
there.
A motion was, made by Council Member Fogler, seconcl~dby Council
Member Lewis to reguest the Building Quality TaskForce to .
present their initlal report to the City Council at the workshop
session on February 14, 1994 and the final report on March 14,
1994.
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
Mayor Watson recessed the workshop session at 7:25 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; Council Members
Rushing, Fogler, Lewis ,and McCandless. Staff members present
were the, City Manager, City Secretary, Public Works Director,
Finance Director, Police Chief, Fire Chief and Parks and
Recreation Director.
TREE PRESERVATION:
The City Council discussed proposed amendments to the Tree
Preservation Ordinance and a legislative-process.
Council Member Fogler stated that she was in favor of the
amendments. The amendments make the ordinance more fair and more
palatable to the citizens in general. She stated that most of
the negative conments that were made at the public hearing were
not, against these amendments but were against having a tree
ordinance at all. She felt the Council should not retreat from
having a tree ordinance.
Council Member Lewis stated that she would like to have the Tree
Ordinance amendments on the agenda because she felt it ,was time
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City Council Workshop Session, January 24, 1994
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to take a vote. She suggested that the Council could consider
each of the amendments as a separate issue and then turn the Tree
Ordinance over to Ted Eubanks of the Environmental Issues
Conmittee to try to consolidate it into a s imp Ii f?-ed version.
Mayor Watson stated that he thought it should'be done in the
reverse. Mr. Eubanks should look at the Tree Ordinance and' the
amendments one more time, taking into consideration the citizens
com:nents made at the public hearing, before the City Council
votes on the amendments. Mayor Watson suggested reviewing the
minutes of the public hearing first before'any'decisions are
made. '
Council Member McCandless com:nented that he thought there were
still some problems with property rights. He sugsestedthat the
Zoning and Planning Conmission look at the footprlnt size
proportionate to the size of, the lot. This would allow residents
to plant trees on their own lot and possibly not have to remove
trees. Council Member McCandless suggested that the City take
over the front right-of-way and maybe on the side of the house.
The City will be responsible for planting and maintaining trees
and the property owner will be responsible for the vesetation.
This would allow the City to trim roots and replace sldewalks.
If the canopy of the trees is damaged in anyway ,then the City
can make sure donations are made to the Tree Trust Fund or to the
City for replacement trees.
Council Member Rushing stated that he thoushtthe amendments to
the Tree Ordinance would be approved as wrltten, but if Mayor
Watson wished to delay voting on the amendments, for a short
while, he would agree to table consideration of the amendments.
Council Member Rushing stated that he did not think the Council
should delay voting on the amendments until Mr . Eubanks could
rewrite or shorten the ordinance.
Mayor Watson asked that a copy of the minutes from the public
hearing be sent to Mr. Eubanks for his review. He agreed to put
the amendments to the Tree Ordinance on the agenda for the next
regular session.
DUKE/BROMPTON AREA SANITARY, SEWER LINE:
The City Council considered a report on the Duke/Brompton Area
sanitary sewer outfall line presented by the Public Works
Director.
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Ed Menville, Director of Public Works, showed the City Council a
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City Council Workshop Session, January 24, 1994
video tape which showed the deterioration of the sanitary sewer
line located at Duke and Brompton which is scheduled to be
sliplined. '!his area has received many complaints .becauseof
odor problems . Mr. Menville stated <that ina few years, the
Staff may bE; recomnending to the Council that other selected
. areas of the sanitary sewer line be repaired.
.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: 10
p.m.
BILL WATSON
MAYOR
KAYLYNN HOLLOWAY
CITY SECRETARY
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CITY COUNCIL REGULAR SESSION
MONDAY, JANtJARY 24, 1994
MQNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
The City Council convened in Regular Session in the Municipal
Building (3800 University Boulevard) on January 24, 1994, with
the following members present ,: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis and McCandless. The City Manager,
City Secretary, City Attorney, Finance Director, Public Works
Director, Police Chief, Fire Chief and Parks and Recreation
Director were also present. Mayor Pro Tern Rushing delivered the
invocation and Mayor Watson led the Pledge of Allegiance.
CITIZEN COMMENTS:
Mayor Watson invited residents who wished to address the City
Council to come forward as their names were called.
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Michael Jones, a resident at 6324 Mercer, expressed opposition to
the waiver that was granted to the West University Methodist
Church by the Zoning Board of Adjustment. He stated that the ZBA
granted the Church a waiver which allowed them to build their
structure higher than is normally allowed in the City. Mr. Jones
stated that he and his neighbors already had a problem with
drainage and flooding. There is also a problem with children and
excessive noise.
Council Member McCandless stated that he thought the drainage
pattern could be adjusted during the construction process so that
it will not affect the adjoining properties.
Mayor Watson stated that when the Methodist ChurCh submits their
plans to the Inspection Department, the Staff will take a good
look at the possible problems.
Ed Menville, Public Works Director, introduced the new Building
Official, Dennis Holm to the City Council.
EXPENDITORES OF THE FRIENDS OF WEST UNIVERSITY PLACE PARKS FUND
BOARD :
Consideration was given to expenditures of the Friends of West
University Place Parks Fund Board during 1994.
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Jere Ahrens, a resident at 6528 Wakeforest and the Treasurer of
the West University Place Parks and Recreation Board, asked the
Council to approve a budget proposal for 1994. Mr. Ahrens stated
that the amount was approximately a 15% increase from the prior
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City Council Regular Sessionr January 24r 1994
years but the expenses for the Park Lovers Ball had already been
covered by contributions or pledges.
A motion was made by Council Member Rush:bngr seconded by Council
Member Fogler to approve the 1994 budget as presented by the
Friends of West University Place Parks Fund Board.
The motion was voted on with the following result:
Voting Aye:
Mayor Watsonr Council Members Rushingr
Foglerr Lewis and McCandless
None
None
Voting Nay:
Absent:
PARK IMPROVEMENTS:
Consideration was given to park improvements recommended by the
Parks and Recreation Board.
Carol Burker Chairman of the Parks and Recreation Boardr stated
that the Parks Board would like to contribute an additional
$50rOOO to the budgeted $88r{)OO for improvements to Wier Park.
In additionr the Board would like to use $7r500from the water
bill park improvement donations for general maintenance and
improvements of the City's parks. Ms. Burke stated that the
Parks Board also recommended that $15rOOO of the Friend's fund be
approved to improve and add to the playground equipment at
Colonial Park.
Ms. Burke reported that the Friends have recently been approved
for a $5{)rOOO grant from the Wortham Foundation. The Parks Board
will want to spend that money this year because they will go back
to the Wortham Foundation in September to apply for the next
years grant. This money will be recommended for use to help
complete Phase 2 of the Milton Street Park.
A motion was made by Council Member Rushingr seconded by Council
Member Lewis to approve the expenditures as recommended by the
Parks and Recreation Board.
The motion was voted on with the following result:
Voting Aye:
Mayor Watsonr Council Members Rushing,
Foglerr Lewis and McCandless
None
None
Voting Nay:
Absent:
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City Council Regular Session, January 24, 1994
BID FOR GOLF COURSE CONCESSION.
Consideration was given to a bid for redevelopment of the City
landfill and a golf course concession.
Mr. Menville presented a contract from Houston Hills Golf for use
of the City's landfill, located on Ruffino Road. The contract is
written to provide use of the City's property for 20 years and
will guarantee an annual fee of $20,000 or 4% of gross receipts,
whichever is greater.
Mr. Menville reported that the Staff went through a proposal
process to try to solicit bids, in order to comply with State
law. Houston Hills was the only organization that had an
interest.
A motion was made by Council Member Fogler, seconded by Council
Member McCandless to approve the golf course concession contract
and authorize the City Manager to execute the contract.
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 RETIREE BENEFITS:
Consideration was given to the first reading of Ordinance No.
1474.
Mayor Watson read the caption of Ordinance No. 1474 as follows:
AN ORDINANCE RELATING TO CERTAIN MEDICAL AND INSURANCE BENEFITSj
AMENDING THE CITY'S PERSONNEL POLICIES AND PROCEDURES MANUALj AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT
Copies of Ordinance No. 1474, 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 approve Ordinance No. 1474 on the first
reading.
The motion was voted on with the following result:
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City Council Regular Sessionr January 24, 1994
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Voting Aye:
Mayor Watsonr Council Members Rushing, Fogler
and McCandless
Council Member Lewis
None
Voting Nay:
Absent:
PURCHASE OF PUBLIC WORKS TRUCKS.
Consideration was given to the purchase of 3 pickup trucks for
the Public Works Department.
Mr. Menville stated that the City Council budgeted' for the
replacement of vehicles in the Street Departmentr the Building
Division and the Utility pivision. Mr. Menville requested that
the Public Works Department be allowed to purchase the vehicles
directly from the General Services Commission of the State of
Texas under the Cooperative Purchasing Program. An informal
check of prices from local dealers, f,orsimilar vehiclesr
revealed higher costs to the City than through the State.
A motion was made by Council Member Rushingrseconded by Council
Member Fogler to accept the recommendation to purchase the three
vehicles for the Public Works Department based on prices from the
State Purchasing Agency.
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The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Rushingr
Foglerr Lewis and McCandless
None
None
Voting Nay:
Absent~
ELECI'RICAL LIFl' BID:
Consideration was given to a bid received December 17, 1993 for
installation of an electrical lift at the librCiry.
Mr. Menville stated that the Staff had received only one bid for
a wheel chair .lift at the library. The bid submitted by ADA
Design and Construction Co. was $42r875.00, which is $12,875.00
more than the budget provides. The Staff believes that the City
can act as the general contractor and cohtract directly with the
lift manufacturer for the purchase and installation. Mr.
Menville recommended that the City Council reject the bid
submitted by ADA Design.
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City Council Regular Session, January 24, 1994
Amotion was made by Council Member McCandless, seconded by
Council Member Lewis to reject the bid submitted by ADA Design
and Construction Company and authorize the Staff to contract
directly with the lift manufacturer for the lift purchase and
installation.
Voting Aye:
The motion was voted on with the following result:
Voting Nay:
Absent:
TAX REFOND:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
Consideration was given to 1993 ad valorem tax refunds.
Chris Taylor, Finance Director, stated that the Property Tax Code
requires that any refunds in excess of $500 be approved by the
governing body. The refunds are for duplicate payments made by
mortgage companies.
A motion was made by Council Member Fogler, seconded by Council
Member Rushing to approve the refunds as presented.
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
CITY COUNCIL 'MRIn'ING MINUTES:
Consideration was given to the minutes of the following City
Council meetings:
(a) Regular Session conducted on January 10, 1994
(b) Workshop Session conducted on January 10, 1994
Council Member Fogler requested that the comments made by Cindy
Neal of the Recycling Committee during the regular session should
5
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City Council Regular Session, January 24, 1994
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reflect that her general view is that the City should not
dispense garbage bags but if the City is going to dispense bags,
then it should be for a fee.
Council Member Lewis stated that, in her comments in the workshop
session concerning the retiree health insurance, she had
requested that consideration of the ordinance be tabled
indefinitely not until the Council had time to review her report.
The City Secretary will correct the minutes to reflect the
suggested changes.
Amotion was made by Council Member Fogler, seconded by Council
Member Rushing to approve the minutes of January 10, 1994 with
the recommended changes.
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 Lewis thanked the Staff and the Public Works
Director for the action they took to correct the odor problem at
the Duke/Brompton Area.
Council Member McCandless commented that he appreciated the
feedback from the work of the various committees. He also
thanked the Staff for their participation during the Tenneco
Marathon.
Council Member Rushing commented that the two mile run through
West University during the Tenneco Marathon was extraordinary.
Mayor Watson suggested thanking Houston Bread Company for
providing the food for the breakfast.
Council Member Fogler asked if the Council was going to have the
reconsideration of retroactivity of the Swimming Pool Ordinance.
Mr. Tanner stated that the Staff could schedule a public hearing
to consider the retroactivity of the Ordinance at any time.
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City Council Regular Session, January 24, 1994
STAFF REPORT:
Steve Griffith, Police Chief, reported that the past weekend the
City had a Pro Life protest, unannounced and in violation of the
Ordinance. The Police Department issued citations on four of the
individuals that were in violation of the Ordinance. Chief
Griffith stated that his department gave the protestors copies of
the Ordinance.
.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 8:30 p.m.
BILL WATSON
MAYOR
I KA YL YNN HOLLOWAY
I CITY SECRETARY
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CITY COUNCIL WORKSHOP SESSION
MONDAY, FEBRUARY 14, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
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The City Council, convened in Workshop Session in the Municipal
Building (3800 University Boulevard) on February 14, 1994, with
the following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis, and McCandless. The City
Manager, City Secretary, City Attorney, Finance Director, Public
Works Director, Police Chief, Fire Chief 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 RELATING TO 'THE TREE PRESERVATION ORDlNANCE:
Mayor Watson stated that he was not ready to vote on the Tree
Preservation Ordinance. He didn6t think the Council had given
the Ordinance adequate consideration given the content of the
comments at the Public Hearing. He asked that Ordinance No. 1472
be tabled and referred to the Tree Committee for such amendments
that might be considered after reviewing the comments at the
Public Hearing.
Council Member McCandless stated that he agreed with Mayor Watson
but requested that the City Council meet in workshop session to
discuss their differences about the Tree Ordinance. He felt the
Tree People had done as much as they could. Council Member
McCandless stated that he had some reservations and questions
about the Tree Ordinance.
Council Member Rushing suggested that the Environmental Issues
Committee attempt to simplify and condense the Ordinance before
the Council gets involved. Council Member Rushing stated that he
felt it was important that the Council put a time limit on the
review.
Council Member McCandless stated that his concern was if the
Council approves the amendments to the Tree Ordinance, then the
impetus on making changes is lessened. He felt there were items
in the current Ordinance that need to be changed before the
amendments are passed.
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Council Member Lewis commented that she attended the Tree Task
Force meetings as a representative of the City Council. She
stated that she went to the meetings with one purpose in mind
J..JDD
City Council Workshop Session/February 14, 1994
which was to do something in the near term to help the Ordinance
become more user friendly. This would help the City Staff
execute the Ordinance more efficiently and would give the
homeowner more flexibility. Council Member Lewis stated that she
and the Tree'ra,sk Force~feltthatthey understQodthe things that
were displeasing to ' the Council", and these items were removed from
the Ordinance. Shefel t that c,fbr the City Cotmcilto delay
acting on the proposed amendments to the Tree Ordinance any
longer was a disservice to the people who did the Jo})thatthe
Council asked them to do. She, stated that the, issueb.efore the
Counqil is to pass the amendments and they mustta~e the
responsibility to make a decision. Council Member Lewis stated
that she agreed with Mayor Watson and Council Member McCandless
in that she had problems with the current Tree Ordinance being
such along document but the City Council should only consider
the amendments at this time.
Council Member Fogler commented that she agreed with Council
Member Lewis. She stated that the City Council needed to take
responsibility for deciding what it is they are going to do and
then do it. If the City Council is going totable consideration
of the amendments, then the purpose of the delay should be
stated.
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Mayor Watson stated that he WClS.:rJ.ot prepared, at this time, to
defend the amendments to the Tree Ordinance.
Council Member Lewis stated that she would rather vote on the
amendments and have them defeated then table the issue.
Mayor Watson requested Council Member McCandless to make a motion
to table consideration of Ordinance No. 1472 during the regular
session. He suggested that when the Council reconvenes in
workshop session they can set up a time for further discussion of
the Tree Ordinance.
MATl'ERS RELATING TO" THE GROUND STORAGE WATER TANK MODIFICATION:
Mike Tanner, City Manager, stated that the ground storage water:
tank modification isa requirement for surface water conversion.
The City has a closed system that provides aquifer water right
now. In order to convert to surface water, an air gap must be
provided to physically separate the two systems.
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City Council Workshop Session, February 14, ;1994
MATTERS RELATING TO THE CONSTRUCI'ION OF DRAnimGE IMPROVEMF.NT~
AROUND WEST UNIVERSITY RT.~1ffi.Y SCHOOL:,
Council Member Lewis inquired as to why the Staff was
recommending that the bid for the drainage improvements be
awarded to Ray Ferguson, Inc. when Whitelak, Inc. has done a lot
of work in the City. There is only a $127 difference between the
two bids.
Mr. Tanner
principle.
low bidder
different.
reported that it was a matter of bid standards and
The philosophy of the City is to always award to the
unless there are specific reasons to do something
MATTERS ,RELATING TO ,AN ARCHITEC'mRAL STODY OF, THE COMM[JNITY
BUILDING:
Mr. Tanner stated that John Stone from Mitchell Carlson and
Associates, Inc. would be present during the regular session to
answer questions. Mr. Stone has been available in the past to
help the Staff with budget estimates regarding facilities in the
City.
Council Member Fogler asked what the architectural study was
comprised of.
Mr. Tanner reported that the architects would tour the building
and assess the needs. They will then meet with the City Council
and discuss the needs and how much the City wishes to spend.
Mitchell Carlson will present plans and designs for the Council's
approval.
Council Member Rushing asked if the funds for the Community
Building improvements were budgeted for 1994.
Mr. Tanner reported that $330,000 ~as budgeted for the project.
Mayor Watson asked the Parks and Recreation Director what kind of
improvements were needed.
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Mark Mailes, Parks and Recreation Director, stated that the
building was built in 1941 and there are no plans available from
that time. Mr. Stone will take measurements of the building.
There will most likely be a separate asbestos study. The
building does not meet ADA requirements or our own building code.
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City Council Workshop Session, February 14, 1994
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BUILDING OUALITYTASK ,FORCE REPORT:
The City Council considered an initial report from the Building
Quality Task Force (BQTF) presented by Bob Semands.
Mayor Watson commented that the City Council had just received a
copy of the report and has not had an opportunity to review it.
Bob Semands, Chairman of the BQTF, stated that, initially, the
Task Force designed a process for themselves that was systematic.
It allowed many opportunities for constituent input groups to add
feedback to their process. Mr. Semands reiterated his appeal to
the City Council to allow the BQTF to have input regarding the
Tree Ordinance.
Mr. Semands stated that the initial report begins with an
introduction followed by four subreports. He asked that the BQTF
be thought of as a long-term mission rather than a six month
mission. Mr. Semands recommended that, following the
presentation of their final report on March 14, the City Council
reappoint those members of the BQTF willing to continue to serve
and to also appoint new members. He stated that six months was
not enough time to study all the issues in detail.
Mr. Semands commended Dennis Holm, the City'S Building Official,
for his input during the BQTF's meetings.
Keith Short, a member of the BQTF, requested that the City
Council carefully consider their report before appointing anymore
Task Forces. He stated that the BQTF has had frustrated members
because of the lack of definition of the Task Force's
responsibilities.
Council Member Lewis stated that one of the tasks requested of
the BQTF was to identify problems with the building process. She
asked if the Task Force could make a list of things that they
identified as problems.
Mr. Semands reported that, rather than the Task Force identifying
the problems, they listened to the builders, engineers, and
everyone else involved in the process to hear what they perceived
the problems to be. Mr. Semands stated that he would present
that information to the Ci~y Council before their next meeting.
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City Council Workshop Session, February 14, 1994
FIELD INSPEcrION:
The City Council considered a field exercise to inspect
facilities and projects.
Council Member McCandless requested that the City Council
schedule a meeting to spend an afternoon inspecting City
projects, streets, sidewalks and trees to get a better
appreciation of some of the problems in the City.
Council Member Fogler suggested that the Council review the plans
to be submitted by Forestry Assoc~ates detailing tree
preservation in priority area 2 before the field trip.
Council Member Lewis reported that the Communications Committee
has tentatively scheduled a town meeting for March 20 with the
suggested agenda being a public hearing on infrastructure
improvements in priority areas 2 and 3.
The City Council agreed to schedule the town meeting at Colonial
Park on Sunday, March 20 from 3:00-5:00 p.m. The field
---, inspection will be scheduled for Sunday, March 13.
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Mayor Watson recessed the workshop session at 7:30 p.m. to
convene in regular session.
At 9:15 p.m., Mayor Watson reconvened the workshop session with
the following present: Mayor Watson presiding; Council Members
Rushing, Fogler, Lewis, and McCandless. Staff members present
were the City Manager, City Secretary, Public Works Director,
Finance Director, Police Chief, Fire Chief and Parks and
Recreation Director.
NEW RESIDENT PROGRAM:
The City Council considered a new resident program {Guide and
club} developed by the Communications Committee.
Larry Massey, Chairman of the Communications Committee, stated
that the Committee was seeking the COuncil's approval on several
items. They would like to make the Newcomers Club a 501{c} {3}
corporation. The Club would be able to raise funds through the
Newcomer's Guide. but at the same time have the appointments to
the Board be made through the City Council. They would like the
Newcomer's Club to be autonomous from the Communications
Committee.
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City Council Workshop Session, February 14, 1994
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Mr~ Massey presented a draft of the Newcomer's Guide. The
Committee hopes to sell advertisement for the back of each page
in order to fund the guide. They would .start with a 3~ring
binder but as funds are raised the guide will be presented in a
more polished form. Mr. Massey suggested a cost of $200 to place
an ad during the first year.
Rick Peters, a member of the Communications Committee, requested
that the City Council review the Newcomer's Guide and return any
suggested changes to the City Secretary.
A motion was made by Council Member Rushing, seconded by, Council
Member Fogler to authorize the Newcomer's Club to form a
501 (c) (3 ) corporation.
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:
Amotion was made by Council Member Rushing, seconded by Council
Member Fogler to authorize the Newcomer's Club to solicit ads for
the Newcomer's Guide.
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:
PAY FOR PERFORMANCE PLAN:
The City Council considered the pay foy performance plan
developed by the Waters Consulting Group.
Chris Taylor,Finance Director, reminded the Council that the
budget was adopted under the premise that there would be a 3% pay
plan adjustment effective April I, 1994. Revenue was also funded
for an average of 3% pay for performance with a range anywhere
from 0-6%. Prior to adopting the 1994 budget, the City Council
requested the Staff to present the pay for performance plan in
greater detail at a later date.
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City Council Workshop Session, February 14, 1994
Mr. Taylor stated that the pay for performance plan developed by
the Waters Consulting Group has four. main objectives which are to
update the salary structure for internal and external equity, to
maintain an ongoing system for evaluating changes and position
responsibility, to have a detail job analysis and job description
for every position, and set guidelines for ongoing administration
of the compensation plan. The recommendation for implementation
of the plan was to make sure all employees were within their set
salary range. Some employees were below the range and were
raised to the minimum amount. Others were above the range and
would not be eligible for a raise until the plan had been
adjusted to stay current with the market. The City Council makes
the decision on where they want the overall plan to be as it
compares to other cities. The plan should be 100% of market to
be evenly competitive.
Mr. Tanner stated that the plan was implemented for the first
time in 1993. In 1994, the City Council approved the 3%, across
the board, adjustment to the pay plan. This adjustment makes it
possible for the City to stay current in the market and continue
to compete. The pay for performance element is in addition to
the 3% inflation adjustment. In some cases, employees will not
be eligible for the pay for performance increase because they are
at the top of their job range. Mr. Tanner stated that, in his
opinion, in a small city like West University Place where demands
are very high, sometimes excessive, the plan should be above
market.
Council Member Lewis asked who administers the plan and evaluates
the employees.
Mr. Tanner stated that the supervisors evaluate employees. In
many cases, the evaluation i.s split between two supervisors or a
department head. The evaluations are input into the computer
which assigns a score and rates all employees from top to bottom.
Mr. Tanner stated that he and the Finance Director carefully
scrutinize all the evaluations.
Council Member Fogler asked if anyone evaluated the Department
Heads.
Mr. Tanner stated that the Department Heads are evaluated by the
City Manager and the salaries are set by the City Council. The
City Manager and City Secretary are evaluated by the City
Council.
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City Council Workshop Session, February 14, 1994
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A motion was made by Council Member Fogler, seconded by Council
Member McCandless to accept the pay for performance plan as
presented.
The motion was voted on with the following result:
Voting Aye:
MayorWatsbn, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
Voting Nay:
Absent:
The City Council discussed the need fora workshop on the Tree
Preservation Ordinance. The Council agreed to meet in workshop
, session on Thursday, February 24 at 6:30 p.m.
ADJOURNMENT:
With no further business to corne before City Council at this
time, a motion was made by Council Member Rushing, seconded by
Council Member Fogler to adjourn. The meeting adjourned at 10:49
p.m.
BILL WATSON
MAYOR
KAYLYNN HOLLOWAY
CITY SECRETARY
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CITY COUNCIL REGULAR SESSION
MONDAY, FEBRUARY 14, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
The City Council convened in Regular Session in the Municipal
Building (3800 University Boulevard) on February 14, 1994, with
the following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis and McCandless. The City Manager,
City Secretary, City Attorney,:FinaIlce Director, Public Works
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.
CITIZEN COMMENTS:
Mayor Watson invited residents who wished to address the City
Council to come forward as their names were called.
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John Neighbors, a resident at 2809 Wroxton, spoke to the Council
about the proposed Ordinance for retiree benefits. He stated
that anything the City could do for its employees, such as
benefits, better wo:tkingcondi:tions and improving the quality of
employees; should be saluted. Mr. Neighbors stated that the
Ordinance contained a few items that he felt should be discussed
further before its adoption. The provision that states an
employee must have worked for the City at least ten consecutive
years preceding the date of retirement does not address whether
or not those ten years are immediately preceding the retirement
or whether those ten years occurred twenty years ago. Mr.
Neighbors also questioned the section that refers to retiree
benefits being terminated at the age of 65. Depending on the
Federal Health Plan, this particular provision may not be under
the City's control. Mr. Neighbors advised the City Council to
table the Ordinance to allow suggestions from persons outside the
Staff and Council.
Mayor Watson asked Mr. Neighbors if he would be willing to help
revise the Ordinance on Retiree Benefits.
Mr. Neighbors stated that he would be happy to help.
Diana Freeman, a resident at 3114 Sunset, spoke to the Council
about the amendments to the Tree Ordinance. She reminded the
Council that the Tree Task Force began studying the amendments
last June. They had experts from every subject make suggestions
about the Tree Ordinance. She asked the Council what else needed
to be done.
Ted Eubanks, a resident at 2701 Amherst and Chairman of the
Environmental Issues Committee, commented that there was nothing
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City Council Regular Session, February 14, 1994
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new he could think of to say about the Tree Ordinance.
congratulated the Council on the openness in which the
consideration of the amendments had been conducted and
the Council for their patience. Mr. Eubanks urged the
make a decision as soon as possible.
He
thanked
Council to
Laura Thomas, a resident at 2912 Robinhood, stated that her
objective in supporting the Tree Ordinance and the new amendments
was to have incentives to preserve the existing trees in West
University Place. She asked the Council to consider the
amendments.
Dona Chambers, the Executive Director of Trees for Houston, spoke
to the Council about the Tree Ordinance. She urged the Council
to be responsible and to support the Tree Ordinance and the
amendments.
Linda Day, a resident at 4224 Lehigh, stated that she has been
working to preserve the environment of West University Place
since 1989. She remino.ed the-Council that they were elected on a
pro-tree environmental stand. Ms. Day stated that she did not
understand why the Council was considering, tabling the Ordinance
for 60 days. She stated that 80% of the residents that responded
to the citizen survey supported the Tree Ordinance. The Tree
Ordinance is very complicated but that is why the City elects
leaders so that they can make diJficult decisions. She asked the
City Council to pass the amendments to the Tree Ordinance.
ORDDilANcE FOR RETr~F.w. BENEFITg!
Consideration was given to the second and final reading of
Ordinance No. 1474.
Mayor Watson read the caption of Ordinance No. 1474 as follows:
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
Copies of Ordinance No. 1474, 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 table consideration of Ordinance No. 1474 for
two weeks.
The motion was voted on with the following result:
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City Council Regular Session, February 14, 1994
Voting Aye:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
Voting Nay:
Absent:
TREE PRESERVATION ORDINANCE:
Consideration was given to the first reading of Ordinance No.
1472.
Copies of Ordinance No. 1472, in the form required for adoption,
were available to all members of the City Council.
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
Council Member McCandless stated that he would like the
opportunity to discuss problems he has with the original
Ordinance before the Council votes on the amendments. He stated
that he did not feel comfortable with the Ordinance or the
amendments.
A motion was made by Council Member McCandless, seconded by
Council Member Rushing to table consideration of Ordinance No.
1472 on the first reading.
Council Member Fogler stated that she did not think a vote on the
amendments foreclosed the discussion of the problems Council
Member McCandless perceived to be in the Tree Ordinance. She
stated that she had enough information to vote on the amendments
and asked that the Council move forward.
Council Member Rushing stated that there was no question in his
mind that the amendments were going to pass and were the best
thing for the current Tree Ordinance. He stated that he would
support a delay but asked that the Council take no more than 30
to 60 days to consider those constituents who may have a
different viewpoint on the Tree Ordinance.
Council Member Lewis stated that she felt to delay voting on the
amendments for 30 to 60 days would cause the City to lose some of
its flexibility in enforcement. The current Tree Ordinance is
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City Council Regular Session, February 14, 1994
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better with the amendments. She asked the Council to stand up
for what they believed in, vote their conscience and to not delay
the vote any longer.
Mayor Watson stated that he thought West University Place needs,
deserves and would keep the Tree Ordinance. The amendments on
the agenda for consideration were the result of a lot of study
but, in his opinion, the Tree TaskForce was not as broad scope
as he had hoped it would have been. Mayor Watson stated that the
Council had just received the minutes in written form of the
public hearing on the Tree Ordinance. He did not think the
Council had given enough consideration to the comments of all the
people attending the meeting. Mayor Watson commented that most
of the people at the public hearing had requested a comprehensive
review of the current Tree Ordinance. He recommended that the
City Council table consideration ,of the Ordinance until they
could meet in workshop session for further discussion.
Council Member Fogler stated that just because she did not
receive the City Secretary's written synopsis of the comments at
the public hearing did not mean that she did not consider the
comments. She took copious notes, including the names and
addresses of most of the people who spoke and whether they
favored or opposed the Ordinance. Council Member Fogler stated
that there were some substantive comments that were made at the
public hearing that she would like to see, at some date,
incorporated into the Ordinance. However, these comments do not,
in anyway, discourage her from moving forward with the amendments
that are before the Council at thiB time.
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Rushing, and
McCandless
Council Members Fogler and Lewis
None
Voting Nay:
Absent:
RESOLUTION FOR ABANDONMENT OF 'SANTTARV ~~ T."Tl\I1i!-
Consideration was given to ResolutiOlI:'No. 94-01
Mayor Watson read the caption of the Resolution as follows:
A RESOLUTION AUTHORIZING ABANDONMENT AND QUITCLAIM OF AN OLD
SEWER PIPE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO
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City Council Regular Session, February 14, 1994
THE SUBJECT.
Jim Dougherty, City Attorney, reported that, a long time ago, the
developer of Sunset Terrace built a sewer line in the wrong
place. Instead of putting it in the Edloe Street right of way,
the developer built it across private lots, including 3707
Nottingham. In 1990, with a pending sale at 3707 Nottingham, the
title company refused to issue a clean title policy because of
the pipe. The City worked out a settlement with the owner and
the buyer by acknowledging that the pipe was there and that the
buildings stood above. The agreement provided for termination if
the old pipe was abandoned. Mr. Dougherty recommended that the
City Council adopt a resolution and authorize abandonment.
A motion was made by Council Member Rushing, seconded by Council
Member Lewis to adopt Resolution No. 94-01 authorizing the
abandonment and quitclaim of an old sewer pipe.
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:
TRANSPORTATION IMPROVEMENT AGREEMENT:,
Consideration was given to transportation improvement agreements
with the Metropolitan Transit Authority of Houston for Weslayan
reconstruction.
Ed Menville, Director of Public Works, stated that the agreement
will enable METRO to participate in the reconstruction of
Weslayan Street, Phase I, by contributing $230,000 towards the
total cost of the project.
A motion was made by Council Member McCandless, seconded by
Council Member Rushing to approve the Transportation Improvement
Agreement and authorize the Mayor to sign.
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:
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City Council Regular Session, February 14, 1994
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INTERLOCAL STREEr.MAmI'ENANCE AND TRAFFIC CONl'ROL Ac::R~!
Consideration was given to an InterlocalStreet Maintenance and
Traffic Control Agreement with the Metropolitan Transit Authority
of Houston for the reconstruction of Weslayan Street and other
eligible projects.
Mr. Memtille stated that the Interlocal Street Maintenance and
Traffic Control Agreement wilL enable the City of West University
Place to receive funds from METRO for the reconstruction of
Weslayan Street, Phase 1. The agreement will allow the City to
receive $1,233,470 through fiscal year 1995.
Mr. Menville provided the Council a chart which showed the fund
distribution of the METRO grants. West University is receiving a
total of $2,234,531.
A motion was made by Council Member Fogler, seconded by Council
Member Rushing to approve the Interlocal Street Maintenance and
Traffic Control Agreement and authorize the Mayor to sign.
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 GROUND STORAGE WATER., TANK MODIFICATION:
Consideration was given to bids received January 12, 1994 for
ground storage water tank modification.
The following bids were received:
Bidder
Bid
Nunn Constructors
Tidal Construction, Inc.
Holloway Co., Inc.
Peltier Brothers Co., Inc.
$47,869
$56,334
$67,612
$76,600
Mr. Menville stated that the work to be performed is a
requirement of the City of Houston in which the City of West
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ci ty Council Regular Session, February 14, 1994'
University must provide a 24 inch air gap between the ground
storage tank filler pipe and the upper water surface level.
A motion was made by Council Member Lewis, seconded by Council
Member. Rushing to accept the low bid in the amount of $47,869
from Nunn Constructors for the ground storage water tank
modification.
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:
WEST UNIVERSITY ELEMENTARY SCHOOL AREA DRADmGE lMPROVEMENT BIDS.
Consideration was given to bids received January 12, 1994 to
improve West University Elementary School Area drainage.
The following bids were received:
Bidder Bid
Ray Ferguson, Int., Inc.
Whitelak, Inc.
Reliance Construction, Inc.
R.W.L. Construction, Inc.
J.G. Holland Construction
Reddico, Construction, Inc.
$ 74,940.00
$ 75,067.00
$ 75,389.55
$ 96,000.00
$ 97,807.00
$139,973.00
A motion was made by. Council Member Rushing, seconded by Council
Member Fogler to accept the low bid in the amount of $74,940 from
Ray Ferguson, Int., Inc. for 90nstruction of drainage
improvements around West University Elementary School.
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:
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City Council Regular Session, February l4, 1994
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ARCHITECTURAL STUDY' OF COMMUNITY BtJILDING!
Consideration was given to a proposal submitted by Mitchell
Carlson and Associates, Inc. to perform an architectural study of
the Community Building.
John Stone, Vice President of Mitchell Carlson & Associates, Inc.
stated that the City Manager had asked him to draft a proposal to
provide a schematic design of the building to see what could be
done in terms of renovating and infrastructure. The preliminary
scope of the project will include renovation of offices and print
area into more useable space, comply with ADA requirements,
possible new lobby and entry, new wall, ceiling and floor
finishes, new lighting and air conditioriing, as required, and an
overall upgrading of the entire facility. This study will be
provided on an hourly basis with a maximum fee of $3,000.
Amotion was made by Council Member Rushing, seconded by Council
Member Lewis to authorize Mitchell Carlson ,and Associates to
perform an architectural study of the Community Building for a
maximum fee of $3,OOO~
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
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Voting Nay:
Absent:
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the following City
Council meetings:
(a) Public Hearing conducted on January 15, 1994
(b) Workshop Session conducted on January 24, 1994
(c) Regular Session conducted on January 24, 1994
A motion was made by Council Member Rushing, seconded by Council
Member Fogler to approve the minutes of January 15 and January
24, 1994 as presented.
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
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City Council Regular Session, February 14, 1994
Voting Nay:
Absent:
None
None
COUNCIL COMMENTS:
Council Member Rushing commented that he hoped the Council could
reach an agreement on the Tree Ordinance as soon as possible.
Mayor Watson commented that he would dedicate himself as often as
possible to resolve the problems with the Tree Ordinance.
STAFF REPORT:
Steve Griffith, Chief of Police, reported on the new program
called "Operation Get Smart". There has been an increase in
building and residential burglaries in West University Place. A
number of these burglaries have been committed on unsecured
property and open or unlocked garage doors. Chief Griffith
stated that officers will attempt to make personal contacts with
property owners and encourage them to secure their property.
Flyers will be distributed to the Neighborhood Watch Block
Captains and print media contacts will be established to promote
"Operation Get Smart".
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 9:05 p.m.
BILL WATSON
MAYOR
KAYLYNN HOLLOWAY
CITY SECRETARY
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CITY COUNCIL WORKSHOP SESSION
MONDAY, FEBRUARY 24, 1994
MUNICIPAL BUILDlNG
3800 UNIVERSITY BLVD.
6:30 P.M.
r1f~/91
The City Council convened in Workshop Session in the Municipal
Building (3800 University Boulevard) on February 24, 1994, with
the following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis, and McCandless. The City
Manager, City Secretary, City Attorney, Public Works Director,
Building Official and Urban Forester were also present.
RESIGNATION OF VICE-CHAIRMAN OF THE ENVIRONMENTAL ISSUES
COMMITI'EE '- TREE SECrION:
Mayor Watson stated that Linda Day had expressed her desire to
resign from the Tree Section of the Environmental Issues
Committee.
A motion was made by Council Member Rushing, seconded by Council
Member McCandless to accept the resignation of Linda Day, Vice-
Chairman of the Environmental Issues Committee.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing, Lewis
and McCandless
Council Member Fogler
None'
Mayor Watson commented that the appointment of a new Vice-
Chairperson would have to be delayed until a replacement could be
found.
MATl'ERS RELATlNG TO THE TREE PRESERVATION ORDINANCE:
Mayor Watson asked Nes Tesno, Urban Forester, to review with the
Council the application and enforcement of the current Tree
Ordinance.
Ms. Tesno presented and explained to the Council the forms that
are used as a checklist for a tree disposition plan, tree survey
and permit application.
The City Council reviewed the current Tree Ordinance and the
proposed amendments.
In the adopting Ordinance, the City Council agreed to include a
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City Council Workshop Session, February 24, 1994
statement that expresses the Council.' s desire to reconcile the
rights of property owners. Certain adjectives were also deleted
in the text.
In Article XIV, definitions were changed or added for front yard,
major development, protected tree, tree permit, removal, right-
of-way area, street side yard and street. The term Tree
Disposition Plan was changed to Tree Disposition Condition.
Section 6-503, 504 and 505 were re-numberedand mildly re-worded
for added emphasis and clarity. Section 6-508 was amended to
include the same guidelines for city projects. A sentence
regarding variances was also added.
In the Criteria Manual, references to maintenance or remedial
care for trees extending over 18 months was changed to 12 months.
Small wording changes were made in sections 2.3.1 and 3.2.5. A
new chart for minimum standards for total number of trees was
added in section 3.2.5. Alternatives were added for delayed
planting, including conditional certificates. In Appendix A,
hackberries were demoted to a Class 4 tree. The height for
measurement on Figure 1 was conformed to 4'6".
The City Council asked that the revised Tree Ordinance be added
to the agenda for the Regular Session on February 28 for approval
,on the first reading'o' .
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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 10:15
p.m.
BILL WATSON
MAYOR
KAYLYNN HOLLOWAY
CITY SECRETARY
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CITY COUNCIL WORKSHOP SESSION
MONDAy, FEBRUARy 28, 1994
"MONIGIPALBUILDmG
3800 UNIVERSITY BLVD.
6:30 P.M.
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The City Council convened in Workshop Session in the Municipal
Building (3800 University Boulevard) on February 28, 1994, with
the following members present: Mayor Watson presiding, Council
Members Fogler, Lewis, and McCandless. The City Manager, City
Secretary, City Attorney., Finance Director, Public Works
Director, Fire Chief and Parks and Recreation Director were also
present. Council Member Rushing was absent.
PURCHASE OF REAL ESTATE:
The City Council considered matters relating to the acquisition
of real estate located at 4110 Byron Street. The City Manager,
City Secretary, City Attorney and Parks and Recreation Director
were present during the Executive Session.
Closed Executive Session as authorized by the Open Meetings Act,
TEX. REV. CIV. STA. ANN. as amended, Article 6252-17, Section 2
(f) .
The City Council adjourned the Executive Session at 6:55 p.m. and
convened in open session. Mayor Watson requested a motion.
A motion was made byCounc;:::il Member Fogler, seconded by Council
Member Lewis to authorize the City Manager to move forward with
the acquisition of the real estate located at 4110 Byron.
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:
AGENDA REVIEW:
The City Council reviewed the regular meeting agenda and
discussed items under consideration with the Staff.
MATI'ERS RELATmG TO THE ,ENGA~ OF. LANDSCAPE ARCHTTF.M"..
Mike Tanner, City Manager, reported that Tapley Associates had
produced the Park Development Plan that is now on file at City
Hall. Mr. Tanner stated that the Parks and Recreation Board is
satisfied with Tapley's work and would like the Plan to be
, ..... . .
implemented. Members of the Board feel that, even if the City
could find someone equally as qualified, for less money, it would
still be worthwhile to stay with Tapley Associates.
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Council Member Fogler asked to what extent the City Staff could
perform some of the work proposed by Tapley Associates. She
stated that at the time Tapley Associates prepared the master
plan, the City did not have a Director of Parks and Recreation or
a sophisticated Staff.
Mr. Tanner replied that the City Staff could possibly perform
some of the work but that the Parks and Recreation Board would
not be happy with anyone but Tapley Associates. Mr. Tanner
stated that the improvement to Wier Park is a significant
construction project and it makes sense to develop good plans and
specifications.
The City Council requested that the Staff notify the residents in
the area and possibly solicit their input as to what kind of
playground equipment will be at the Park.
Mayor Watson asked that the indemnity clause be removed from the
proposal.
MATI'ERS RELATING TO ,TREE PRESERVATION ORDINANCE!
The City Council discussed the changes to the Tree Preservation
Ordinance.
Mr. Tanner reported that Dieter Ufer, Consulting Engineer from
Langford Engineering, believes that the cost for tree
preservation in Priority Area 2 could possibly be $200,000. Mr.
Tanner recommended that the City Council reinsert the clause in
Article XIV of the Tree Preservation Ordinance that exempts the
City from compliance with tree preservation in certain city-owned
sites or projects as authorized by the City Council.
The City Council agreed to amend Ordinance No. 1472 during the
first reading.
FORUM CLUB TASK FORCE.
The City Council discussed the appointment of a Forum Club Task
Force to consider the purchase of the Southwest Y.M.C.A.
property.
Mayor Watson asked the Council if they were in favor of having a
separate task force to study the feasibility of purchasing the
Y.M.C.A.property.
Council Member Fogler commented that if the City wants to gather
certain financial information, Council" not a task force should
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City Council Workshop Session, February 28, 1994
be making the decisions. The study should be dohe ata staff
level not through volunteers.
Council Member Lewis commented that she was opposed to the
Leadership Forum making the decision on who should be on the task
force. She felt that those decisions should be the City
Council's.
Mayor Watson stated that the goal of the task force would be to
introduce the topic to the general public. The task force could
provide information on how to purchase the property and how to
maintain the property if it is purchased.
Council Member Lewis stated that she felt the project is a
Council project not a volunteer project.
Mr. Tanner reminded the Council that the Capital Improvement Task
Force conducted a study on the Y.M.C.A. property and would be
submitting a report.
Council Member McCandless commented that he would support
appointing a task force to ascertain public opinion about the
Y.M.C.A. purchase but the negotiations should be conducted by the
City Council.
Mayor Watson recessed the workshop session at 7~30 p.m. to
convene in regular session.
At 8:37 p.m., Mayor Watson reconvened the workshop session with
the following present: Mayor Watson presiding; Council Members
Fogler, Lewis, and McCandless. Staff members present were the
City Manager, City Secretary, Public Works Director, Finance
Director, Fire Chief and Parks and Recreation Director. Council
Member Rushing was absent.
COtJNcIL COMMENTS:
Mayor Watson commented that several residents were interested in
volunteering for committees.
The City Council agreed to interview those residents interested
in serving.
Mr. Tanner informed the Council that the City Attorney did not
believe the Newcomer's Club could form a 501(c) (3) corporation.
The City should not be involved in soliciting advertisements to
support the Newcomer's Guide.
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City Council Workshop Session, February 28,1994
Council Member Lewis stated that she did not want the Newcomer's
Club to be affiliated with the City. She asked that the City
Council review the information in the Newcomer's Guide.
The City Council requested that a workshop session be scheduled
for March 7 to discuss solid waste manag.ement. Members of the
Recycling Committee will be asked to attend the workshop.
The City Council scheduled a field trip for Sunday, April 10,
from 3 to 5 p.m.
ADJOURNMENT ~
With no further busin~ss to come before City Council at this
time, a motion was made by Council Member McCandless, seconded by
Council Member Fogler to adjourn. The meeting adjourned at 9:20
p.m.
BI LL WATSON
MAYOR
KAYLYNN HOLLOWAY
CI TY SECRETARY
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CITY COUNCIL REGULAR SESSION
MONDAY, FEBRUARY 28, 1994
MONICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P~M.
The City Council convened in Regular Session in the Municipal
Building (3800 University Boulevard) on February 28, 1994, with
the following members present: Mayor Watson presiding, Council
Members Fogler, Lewis and McCandl~ss. The City Manager, City
Secretary, City Attorney, Finance Director, . Public Works
Director, Fire Chief and Parks and Recreation Director were also
presen.t. Council Member Lewis delivered the invocation and led
the Pledge of Allegiance. 'Council Member Rushing was absent.
CITIZEN COMMENTS:
Mayor Watso:n invited residents who wished to address the City
Council to come forward as their names were called.
Robert Tucci, a resident at 6703 Buffalo Speedway, complained
about thenoisef;r;bmthe Houston Livestock Show and Rodeo
Barbeque CookOf.f. He requested that the City Council write a
letter to the Mayor of Houston asking that the hours be specified
and decibel limits placed.
Cletus Wark, a reside:nt at 6714 Rutgers, asked the Council how
much the City rec~i"es in federal funds.
Mike Tanner, City Manager, stated that the City does not qualify
for or receive federal grants. The City receives funding from
the Metropo1.ita:nTransit Authority for street improvements.
Mr. Wark expressed qppositi<sm to the City taking money from the
federal governm$nt but waS in favor of the City receiving money
from METRO.
John Stokes, a resident at 2920 Rice, requested that the Council
authorize the 1995're:nnecoMarathonto run through the streets of
West University Place. He ~hankedthe Council for permitting the
use of the streets in previous years and for the City'S support.
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1995 TENNECO MARATHON:
Consideration was given to the 1995 Tenneco Marathon scheduled to
be run Sunday, January 15, 1995.
A motion was made by Council Member McCandless, seconded by
Council Member Fogler, to authorize the City to continue to
support the Tenneco Marathon in 1995 and in years to corne.
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City Council Regular Session, February 28, 1994
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Fogler, Lewis
and McCandless
None
Council Member Rushing
Vbting Nay:
Absent:
ENGAGEMENT 'OF LANDSCAPE ,ARCHITECr:
Consideration was given to the engagement of Tapley Associates to
design Wier Park improvements.
Carol Burke, Chairman of the Parks and Recreation Board, stated
that the Board has submitted for the Council's review the
proposed Tapley Associates Architects agreement. Part one of the
contract is for $4,850 to review and revise the existing plan to
bring it within budget. The second part is for $a,lS0to prepare
the construction documents and assist in planting and inspection.
Ms. Burke .statedtha.t$he wanted the indemnity clause removed
before she would recommend that the Council sign the agreement.
Ms. Burke stated the Parks Board supported Tapley Associates and
would like for them to do the work.
Council Member Fogler asked if the Parks Board would present the
design of the Park to the Council prior to the creation of the
construction" documents.
Ms. Burke sta:tedthat they would like to have Charles Tapley
complete the drawings and then presettt those to the Council for
approval. It would then be a process of soliciting bids. She
commented that the Board needs some latitude to move forward
because if they have to bring every phase before the Council, the
pro] ectwill not be complete in 1994.. Ms. Burke stated that Mr.
Tapley will have the drawings completed by the next Council
meeting.
Council Member Lewis asked that ,the residents in the area be
notified of the plans for playground .equipment. The equipment
should be complimentary to the general landscape of the area.
A motion was made by Council Member McCandless, seconded by
Council Member Lewis to authorize the City Manager to sign a
revised contract document, eliminating the indemnity clause, for
Tapley Associates to design the Wier Park improvements.
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City Council Regula~;Session February 28,
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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
APPOINTMENT ,OF DEPUTY MUNICIPAL ,COURT ('!J',F.RR': .
Consideration was given to Resolution No. 94-02 appointing a
Deputy Municipal Court Clerk for the purpose of signing
complaints.
A motion was made by Council Member Fogler, seconded by Council
Member Lewis to approve Resolution No. 94~02authorizing Suzanne
Runner to act as a Deputy Court Clerk.
Voting Aye:
The motion was voted on with the following result:
Voting Nay:
Absent:
Mayor Watson, Council Members Fogler, Lewis
and McCandless
NOne
Council Member Rushing
BIDS FOR ,THE PURCHASE OF",PLAYGROUND 'EQUIPMENT:
Consideration was given to bids received Fe.bruary 11, 1994 for
the purchase and installation of playground "equipment at Colonial
Park.
Mark Ma,iJ..es, Parks and R;ecreatJ.:on Directer,stated that the Parks
Board is recommending that twe piecesofl?J.ay~round eqUipment be
installed at Colonial Park. One piece is for toddlers and the
other is for ages 5 to 11.
The following bids were received:
Bidder
Option 1
Thompson Rec. Products
Magee Companies
Miracle Rec. Equipment
MasterKraft Enterprises
Hunter-Knepshield, Inc.
Fences & More
$14,500.00
$14,081.28
$12,495.00
$11,462.34
$14,322.00
$15,378.00
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Option 2
$5.00 linear ft.
$7.00
$1.90
$3.50
$3.50
$3.98
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City Council Regular Session, February 28, 1994
A motion was made by Council Member Lewis, seconded by Council
Member Fogler, to accept the bid submitted by MasterKraft
Enterprises for the purchase and installation of playground
equipment.
Mr. Mailes requested that option 2 also be approved for a
landscape timber border to hold the pea gravel.
An amendedm9tion was made by Council Member Lewis, seconded by
Council Member Fogler, to authorize MasterKraft Enterprises to
install a landscape timber border at$3.S0 per linear foot
in addition to t.he purchase and installation of playground
equipment at Colonial Park.
The amended 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:
BIDS . FOR THE PURCHASE OF SUPPLIES .Al:ID EUUIPMENT:
Consideration was given to bids received February la, 1994 for
the purchase-of supplies and equipment (coffee supplies,
aut omo t.i ve fuel and a diesel powered tractor for the Water
Division) .
Ed Menville, Public Works Director, reported that the Staff is
recommending approval of the second low bid sUbmitted by
Lansdowne Moody for the diesel powered tractor. The low bid
submitted by Brpoks,ide Equipment was foundtQbe deficient. The
tractor from Brookside did not meet standard specifications in
lifting capacity and hydraulic pump capacity.
Mr. Menville recommended that Big State Vending be approved for
the purchase of coffee supplies on a two year contract and
O'Rourke Distributing be approved for the purchase of aut0ffi0tive
fuels on a two year contract.
A motion was made by Council Member McCandless, seconded by
Council Member Fogler to approve the bids submitted by Big State
Vending for coffee supplies, Lansdowne Moody for the diesel
powered tractor and O'Rourke Distributing for automotive fuels as
presented by'the Staff.
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City Council Regular Session, February 28, 1994
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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:
EMERGENCY BELT PRESS REPAIR:
Consideration was given to the emergency repair of the Komline-
Sanderson belt press used at the City's Wastewater Treatment
Plant.
Mr. Menville stated that the presses are used to separate the
solids from the water; The press was installed 12 years ago and
recently experienced a failure of some of its mechanical
components. The Public Works Department is requesting
authorization, to solicit bids for repair of the belt press.
A motion was made by Council Member Fogler, seconded by Council
Member McCandless, to authorize the Staff to obtain bids to
repair the belt press at the City's Wastewater Treatment Plant.
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
TREE PRESERVATION ORDll\lANCE:
Consideration was given to the first reading of Ordinance No.
1472 .
Copies of Ordinance .No. 1472, in the form required for adoption,
were available to all members- of the City Council.
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
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City Council Regular Session, February 28, 1994
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Council Member Lewis asked that the Tree Ordinance be amended in
Section 6-508(c}to add to the last sentence "except as
authorized by City Council".
Amotion was made by Council Member Lewis, seconded by Council
Member Fogler, to adopt Ordinance No. 1472, as amended, on the
first reading.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Fogler and
Lewis
Council Member McCandless
Council Member Rushing
COUNCIL ..COMMENTS:
Council Member Lewis thanked the City Attorney and City Secretary
for preparing and editing Ordinance No. 1472, so that the Council
could move forward with its approval.
Council Member Fogler stated that she was delighted with the
adoption of the Tree Ordinance on the first reading. She also
thanked the city Attorney for his efforts in preparing the
Ordinance. She asked that the .City Council hold a workshop
session with members of the Recycling Committee to discuss solid
waste management and privatization.
Council Member McCandless agreed with Council .MemberFogler. He
added that he did not think the Council had held enough workshops
to properly.assess each others understandings. Council Member
McCandless commended the City Attorney for his diligence in
preparing the T.ree Ordinance but added that he did not receive
his Council packet until 9:00 p.m. Sunday night. He asked that
the staff try to have the packets fOr the City Council meetings
prepared by Wednesday before the Monday meetings.
Mayor Watson commented that he appreciated the work by the Tree
People in preparing the Tree Ordinance. __
STAFF REPORT:
Mr. Tanner stated that the Police Department is proceeding with
Operation Get Smart. If a garage door is left open or a bicycle
is left out, a dispatcher will call the homeowner. Mr. Tanner
stated that the homeowner mayor may not fully appreciate the
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City Council Regular Session, February 28, 1994
call. The Police Department feels this is an important project
and will have a positive impact against crime.
Mr. Tanner also reported that some of the "right-to-life"
protestors have violated the City's ordinance and will have jury
trials in the near future. He stated that the City could expect
to have protestors every week.
ADJOURNMENT:
A motion was made by Council Member Lewis, seconded by Council
Member Fogler to adjourn to the workshop session. The regular
session adjourned at 8:26 p.m.
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, MARCH 7,1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Workshop Session in the Municipal
Building (3800 Univ~rsity Boulevard) on March 7, 1994, with the
following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis, and McCandless. The City
Manager., City Secretary, Public Works Director and Deputy
Director of. Public Works were also present.
SOLID WASTE.AND PRIVATIZATION:
The City Council discussed solid waste management and
privatization.
Mike Tanner, City Manager, stated that the Staff would like to
explain to the Council what the City does at the current time
regarding solid waste management. The Staff will also report on
a system review that was conducted in the last few weeks,
including desi-gn constraints and limits.
Ed M~nville,Pu.blic Works Director, reported on .the current solid
waste activiti:es. . Mr. Menvillestat.edthat solid waste is
collected twice weekly per .home. Four men and two trucks are used
for 1,350 homes per day. Bags are used for curbside collection
and themonth:Ly disposal is . 2, 200 cubic yards. Limbs are
collectedfou;:r days a week with one man, one truck and one
grinder cQvering675 hOmes per day. The limbs are stacked
curbside in 4 foot lengths and the monthly disposal is 181.4
cubic yards. Compost is collected four dClYS a'week with two men
and one truck covering 2,700 homes per day.. Grass ,leaves, and
small twigs are bagged .and pick~d up curbside and the monthly
disposal is 280.cubic.yards.. . Recyclables include paper, glass
and aluminumancl.are.collected .every Wednesday. The' monthly
disposal is 458 cubic yards and the annual revenue is $24,830.47.
Jerry Burns, Deputy Director. of Public Works, stated that the
Solid Waste Division hCls 9 personnel., 5 sideloader trucks, 1
rearloadertruck, 4 recycling/hauling trucks and 1 pickup truck
for the Supervisor. The Supervisor makes special stops to
collect garbage in the -rear of homes for elderly citizens or to
pick up dead animals.
Mr. Menville reported that a study of the solid waste collection
was conducted last March. Collection takes anywhere from .17 to
.40 minutes per account. On an average, each house generates
around 34 pounds of solid waste per week.
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City Council Workshop Session, March 7, 1994
Mr. Burns stated that the City uses a sideloading truck which can
pack the garbage as they move. A typical B.F.I. rearloader has
to remain stopped while the garbage is packed. The City's
operation is faster and more efficient. Trips to the landfill
normally take two hours. The landfill charges $6.50 per cubic
yard. Compost is disposed of for $2.00 per cQbic yard.
Mr. Menville reported that B.F.I is willing to collect garbage in
the City under any system that is desired..
Mr. Tanner stated that mechanized collection was considered as a
possible alternative for the City. This process is not feasible
for West University Place because of the tree cover and narrow
streets. The trucks would not be able to move in the City.
Another problem is the proximity to curb. The trucks would not
be able to get close enough to the curb to pick up the cans.
Mechanized collection is also a significant capital investment.
Mr. Tanner asked the City Council to direct the Staff on how they
would like to bid the solid waste activities. Thecurrent
collection system, as it is now, could be bid or the City could
change to a volume based pay system. The Staff could also take a
bold step and consider elimination of compost collection or a
reduction in the number of collection days. 'Mr. Tanner commented
that he felt citizens would view the la.tter as a service
reduction and would probably be less.than appreciative.
Mayor Watson asked if the Public Works Department could continue
the . current system collection of solid waste as cheaply as any
private company.
Mr. Tanner stated that he believed the City will be competitive.
Based upon conversations with' contractors, there will not be a
significant difference between their cost and the City'S cost.
Mr. Tanner stated that there area number of issues that go
beyond cost. These issues are control and availability of
equipment vehicles and labor during times of emergency.
Mr. Tanner stated that he would like to develop a design that can
be bid by the City and private contractors.
Council Member Fogler stated that she believed the only way to
significantly impact the amount of garbage people discard is to
go to a volume based pay system, to discontinue compost
collection or to pick up garbage only once a week. From a policy
point of view, the Council should be in the position of trying to
influence what people throwaway or to encourage people to stop I.
buying items that are over processed or over packaged so that _
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City Council Workshop Session, March 7, 1994
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they reduce the amount of trash.
Mr. Tanner stated that he agreed that the Council can only do so
much through education. If you want to significantly change the
waste stream, you will have to legislate.
Mayor Watson asked if the Staff knew how the City could go to a
volume based rate.
Mr. Tanner stated that the City could use a sticker system
instead of bags. If bags are used, they would have to be unique.
Members of the Recycling Committee discussed their ideas on how
to control the wastestream and to control costs. They supported
a volume based pay system with an incentive program to reduce
waste. They encouraged education of residents to increase the
participation in the recycling program.
The City Council requested the Recycling Committee to submit a
report on their recommendations regarding recycling and solid
waste reduction.
A motion was made by Council Member Rushing, seconded by Council
Member Lewis to authorize the Staff to bid a solid waste program,
like the City now has, with a volume based pay system.
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 asked that the 'Staff contact other cities,
who have contracted private compani-es to pick up solid waste, to
find out what happens to their rate and service after three to
five years.
Mr. Tanner stated that the rate typically increases 5% to 10%
every year.
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City Council Workshop Session, March 7, 1994
BOARDS" COMMISSIONS, ,COMMI'ITEES AND TASK .FORCES:
The City Council discussed matters relating to boards,
commissions, committees and task forces.
Council Member Lewis asked that the City Council review the
Newcomer's Brochure submitted by the Communications Committee.
She stated that she felt the brochure was too long and should be
reorganized.
Council Member Fogler stated that if the Newcomer's Club wants to
produce a comprehensive publication, it should be done apart from
a city publica.tion. As far as the City is concernedr information
should be disseminated that does not require frequent updates.
Council Member McCandless agreed that the Newcomer's Club should
be a separate entity from the Communications Committee and the
City.
Mayor :Watson sta.tedthat he preferred to have only one document
produced.
TheCitycounclilCigreedto review:theNewcomer's
their comments,tobheCommunicationscommittee.
primary mission is to produce the City Currents,
Guide and to assist in town meetings and special
Guide and submit
The Committee's
the Newcomer's
events.
The City Council discussed the appointment of a Vice~Chairperson
for the Tree Seet.ionofthe Environmental ISsues Committee .
Council Member Rushing suggested that the Council ask Jere
Ahrens, who is ,currently a member of thePa.rks and Recreation
Boardr if he is interested in the Tree Section Committee.
The City Council agreed to ask Jere Ahrens to accept the Vice-
Chairman positien.
Mayor Watson aSked that the City Council appoint a YMCA
Utilization Task Force to do a fl=asibility study on the potential
utilization of the property.
Council Member Fogler stated that she would support a task force
with .a specific focus of studying various alternatives for the
property once it is acquired. She felt acquisition of the
property Should be conducted by the City Staff. Council Member
Fogler suggested that a member of the City Council be appointed
to the task force. She stated that she would serve on the task
force.
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The City Council agreed to appoint a YMCA Utilization Task Force
which would include one or two members of the City Council. The
City Council asked the Staff to prepare a Resolution for the
appointment of members at the next regular 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 to adjourn. The meeting adjourned at 9:37
p.m.
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, MARCH 14, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Workshop Session in the Municipal
Building (3800 University Boulevard) on March 141 19941 with the
following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis, arid McCandless. The City
Manager, City Secretaryl 'City Attorney, Fina:nceDirector, Public
Works Director, Police Chief and Parks and Recreation Director
were also present.
AGENI5AREVIE.W :
The City Council reviewed the regular meeting agenda and
discussed items under consideration with the Staff.
, MATTERS RELATING .' TO. THE TREE . PRESERVATION ORDINANCE:
Council Member McCandless stated that the charts on pages CM 26-
29 in the Criteria Manual were illegible and made reference to
the City of Austin. Heaskecl that the Council make an amendment
to Correct or replace those pages before the second and final
reading of the Tree Preservation Ordinance.
SENIOR SERVICES:
The Senior Services Board will pres.ent their report at a later
date.
NEW RESIDENT cr..~AND GUIDE:
The City Council considered a new resident club and guide.
Kimber Harmon, a member of the Communications Committee, stated
that they were ready to begin the process of establishing the
Newcomer'sClub as a non-profit organization. Thiswould
separate the Neweomer's Club from the Communications Committee.
The Newcomer's Club Executive'Board would consist of Ms. Harmon,
Amy Morton, Suzanne Guthrie and Chris Peters. Ms. Harmon stated
that the Club is in the process of writing their by-laws.
Council Member Rushing asked if the by-laws for the Newcomer's
Club would be like those that exist for the Friends of West
University Place Parks Board.
Jim Dougherty, City Attorney, stated that he advised the
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City Council Workshop Session, March 14, 1994
Newcomer's Club to make the by"'"laws simpler than those of the
Friends. The Friends' by-laws are very complicated and designed
as a SOl(c}3 corporation. Mr. Dougherty stated that the
Newcomer's Club would be connected to the City through the
Newcomer's Guide. The City would purchase space to essentially
advertise in the Guide but instead of using 'cash the City would
trade out some type of support.
Council Member ,Lewis commented that theCourrcil will need to
decide whether the Newcbmer's Guide will be the Club's
responsibility and if the City will produce its ownbboklet.
Ms. Harmon stated that there is a cost factor involved to produce
the Guide and keeping the informationup-to~date. The Club would
like to sell pages for advertisement so that the Guide could
sustain itself.
Council Member Fogler stated that the City Council would produce
the informationabouttheCity.thatwillgo .inthe manual. The
Council will lose control over everything else.
Council Member Lewis encouraged.the members of the Council to
finish editing the Newcomer's Guide so that Rick Peters could
complete the project.
Mr. Tanner stated that the Staff needed some direction from the
Council and asked if the idea about the Guide as presented by the
Communications Committee was an acceptable concept.
Council Member Fogler stated that she supported the formation of
the Newcomer's Club but had some concerns about the Guide. She
commented that she was concerned about the City losing control
over a printed product that is distributed to residents. Even if
it is distributed byaseparate .corporation" it will still be
viewed as a City document. Council Member Fogler recommended
that the Newcomer's Club produce their gu.ideand the City
generate their own.
Ms. Harmon stated that a concern of the Communications Committee
is that if they continue to work on the guide, it will be
overwhelming and they will not be able to move onto other areas.
Mr. Tanner stated that the greatest advantage of having the guide
separate from the City is that the City will not have to get
involved in advertising issues. '
Council Member Lewis stated that she felt there should be two
separate guides. The City Council should maintain control over
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information distributed to new residents and not have it
associated with any form of advertising.
The City Council agreed to support the formation of the
Newcomer's Club. Members of the Communications Committee who
wish to join the Newcomer's Club will submit their resignation
from the Committee. The City Staff will begin revisions on the
City's new resident brochure.
CAPITAL IMPROVEMENTS:
The City Council will consider the final report of the Capital
Improvement Task Force at a workshop to be scheduled at a later
date.
NEIGHBORHOOD ~l.~:'
The City Council discussed a neighborhood meeting to be held at
Colonial Park on March 20, 1994.
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Mr. Tanner stated that the Staff planned to have a fire engine,
ambulance and police car on exhibit at the meeting. The Friends
of'West University Parks Fund Board will provide refreshments.
The City Council requested that the neighborhood meeting include
discussions on Priority Areas 2 and 3. The Staff will provide
the presentation and answers questions at the meeting.
SOLID WASTE AND PRIVATIZATION:
The City Council considered recommendations presented by the
Recycling Section of the Environmental Issues Committee.
Cindy Neal, Chairperson of the Recycling Committee, stated that
the Committee's goal is to facilitate the reduction of solid
waste directed to the landfill. The Committee would like to
increase participation in the recycling program through
education, incentives and legislation. They would like to
include all recylable materials in the program. Ms. Neal stated
that the Recycling Committee would like to have funding for
promotional materials and publications. They would like to
conduct programs from the school level up.
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Ms. Neal stated that the Committee recommends the implementation
of a volume-based fee structure for solid waste disposal.
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City Council Workshop Session, March 14, 1994
Residents who choose to participate 'fully in the recycling
program will generate less garbage which is delivered to the
landfill, and will pay less than those who choose not to
participate in recycling. The fee structure would be based on
the average household amount of garbage bags generated.
The Committee reCommended discontinuing the age-related discount.
Ms. Neal statedthat'the Senior discount would no longer be
needed because the lowest fee would be due to small households.
Mayor Watson recessed the workshop session at 7:30 p.m. to
convene in regular session.
At 8:42 p.m., Mayor Watson reconvened the workshop session with
the following present: Mayor Watson presiding; Council Members
Rushing, Fogler, Lewis, and ~cCandless. Staff members present
were the City Manager, City Secretary, Public Works Director,
Finance Director, Police Chief and Parks and Recreation Director.
The Recycling Committee continued their discussion of solid waste
management. '
The Committee recommended a revisipn of City services to better
utilize a limited :number of trucks while encouraging maximum
participation in recycling. They suggested that the City change
to one day garbage collection and two day recycling collection.
Yard waste would not be picked up every week. Residents should
be educated on alternatives sucha.s lIlulching and composting. The
City could establish a reduced schedule pickup for non-
compostables.Ms. :Neal reported that 28 states no longer pick-up
yard waste at all. She stated that the Committee agrees
residents in West University Place needt.o have options before
yard waste collection is totally discontinued.
Ms. Neal stated that the Committee would like the City to have a
recycling drop~off site included in the plans for future
renovation of Milton Street or the Dincans facility.
Council Member Rushing asked how the Recycling Committ.ee' s ideas
come into play/if at all, since the staff is already in the
process of creating a bid package basedQnthe existing system.
Mr. Tanner stated that the Council, in a previous meeting,
directed the Staff to bid a minimal change design that
incorporated a volume or variable rate. Modification of the
solid waste system would not be to a great extent at this time.
Council Member Lewis asked if the Staff is receiving bids from
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City Council Workshop Session, March 14, 1994
outside companies for solid waste pick-up.
Mr. Tanner'$tated that the Staff is in the process of designing a
rate system that can be bid and formatted in a way to be
competitive. ,It is adifIicult process because there is no
empirical data .fromany other city like West University Place.
Mr, Tanner asked the City Council if they wanted to change the
bid design at this point.
Council Memb~rFogleJ:stated that she would like to have some of
the Recycling Committee's ideas added,tothe bid design.
Council Member Lewis stated that she liked to see change, but not
too much at one time. The Council should pick one reasonable
goal and begin there.
Council Member McCandless commented that he did not think the bid
design should be changed at this point and the Staff should go
forward with the bidding process. The Recycling Committee should
begin by communicating their ideas to the residents.
Council Member Fogler asked if the Staff was bidding a single
volume based system or if the elderly rates would be different.
Mr. Tanner f:ltated that he thought the over 65 rate should,be
increased to some extent. The City Council needed to decide if
the City should use one rate and then charge per sticker or use
two rates and charge per sticker.
OpuncilMember Lewis 'stated that she,thought only one rate should
be bid. She felt that the over 65 population would increase
significantly and they should not be given a different rate.
However, there are some people who live in West University that
do hav.ea financial need and these people should be identified
and dealt with on an individual basis.
The City Council agreed to go forward with the bidding process
and asked the Recycling Committee to begin educating the
residents.
PAY PLAN REVIEW :
The City Council considered a report on pay plan review presented
by the City Manager.
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Mr. Tanner stated that according to the City Charter, it was his
responsibility to recommend the salaries of employees and the
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City Council Workshop Session, March 14, 1994
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(::ity Council's responsibility to act.on his recommendation. He
recommended that a review team be formed which ,would include
Department Heads and a Council Member. Mr. Tanner stc:l.ted that he
thought Council Metnber Lewis should J~ea member of. the review
team. He also proposed to have ex officio members who would be
non...,votingmembers.These members wQuld b~d~partment
representatiyes.
Mr. Tanner i:temized the issues that peed to be addressed which
are external -and internal equity, pc:l.yraIlg~s and pay ifor
performance. Mr. Tanner stated. thatl1ewould like to have a good
recommendation for the Council to consider for the 1995 budget.
Council Member Lewis stated that she .would serve on the review
team.
ADJOURNMENT:
With no further business to comeb~fore city Council at this
time, a motion was made by Council Member Lewis, seconded by
Council Member Rushing to adjourn. the meeting adjourned at 9:58
p.m.
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Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL. REGULAR SESSION
MONDAY, ~CH 14, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
The City Council conveneci in Regular Se'ssion in the Municipal
Building (3800 University -Boulevard) on March 14, 1994, with the
following members present: Mayor Watson presiding, Council
Members.Rushing, Fogler, . Lewis and McCandless. The City Manager,
City Secretary, City. Attorney, Finance Directbr, Public Works
Director, Police Chief and Parks and Recreation Director were
also present. Mayor Watson delivered thel;nvocation and Council
Member McCandless led the Pledge of Allegiance.
CITIZEN COMMENTS:
Mayor Watson invited residents who wished to address the City
Council to come forward as their names were called.
Sue Cole, a resident at 3523Robinhobd,spoketo the Council
about Qompost collection. She complained that the Public Works
Department picked up her compost with the garbage. Shestated
that she stopped the truckan<1madethe garpage men remove the
compost. The garbage men told her that a truck had broken down
and they were having to include the yard waste with the garbage.
Ms. Cole askedtheCol1.ncilto forma contingency plan so that if
a circumstance like this occurred again, the City will be better
prepared . She suggef?t~d reassignment of employees , paying
overtime or renting equipmertton days of emergencies.
Ms. Cole stated that she supported the idea-of compulsory
recycling andcomposting.
Cl-et:us Wark, a resident at 6714 Rutgers, aElk;d the Council if. .the
199i4 bUdget inc1uded' .phe$lI.38,OQ(j) foOr .imp'rg;v.ements .to Wier .:Park.
He stated that the Council voted on the improvements at the last
meeting but there was no mention of the amount.
Mayor Watson stated that the fl1.nds forWier~Park l.mprovements
were included in the budget.
Mr. Wa.rkopposedthe expenditure of the money for trees. and
shrubs in the park. Mr. Wark also spok€ in opposition to the
Tree Ordinance.
Scott McLane, a resiq.ent at 6445 Buffalo Speedway, asked the
Council to consider making Buffalo Speedway a.boulevard. He
stated that this would help reduce the speed of the traffic. Mr.
McLane stated that he would be willing to find out what costs'
were involved in reconstructing Buffalo Speedway and would submit
a proposal to the Council.
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City Council R,egular Session, March 14, 1994
TREE PRESERVATION ORDINANCE:
Consideration was given to the second and final reading of
Ordinance No. 1472.
copies of Ordinance No. 1472, in the form required for adoption,
were available to all members of the City Council.
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 ,TEXASjADOPTING AND
RE-ADOPTING SECTIONS OF THE CODE OF ORDINANCES OF SAID CITY, WITH
AMENDMENTSj AND CONTAINING FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT
A motion was made by Council Member Lewis, . seconded by Council
Member Rushing, to adopt Ordinance No. 1472, on the second and
final .reading with recommendations to the Staff to improve the
quality of pagesCM24 - CM29 and to delete any references to the
City of Austin.
The motion was voted on with the following result:
VotiugAye:
Mayor Watson, Council Members Rushing, "Fogler
and Lewis
Council Member McCandless
None
Voting Nay:
Absent:
RESOLUTION..CREATING 'ANDAPPO~ ..~ VM'("I11 mrr.lIZATImiI' TASa<i'ORCR:
Consideration was given to Resolution No. 94-03.
A RESOLUTION CREATING A YMCA UTILIZATION TASK FORCE OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS j DEFINING DUTTES OF SUCH TASK
FORCEjPROVIDING THE LENGTH OF SERVICEj APPOINTING CERTAIN
PERSONS TO SERVE AS MEMBERS THEREOF AND PROVIDING AN EFFECTIVE
DATE
A motion was made by Council Member Rushing, seconded by Council
Member Lewis to accept Resolution No. 94-03.
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City Council Regular Session, March 14, 1994
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Rushing,
~ogler, Lewis and McCandless
None
None
Voting Nay:
Absent:
PRIORITY AREA 2 RECONSTRUCTION:,.
Consideration was given to Priority Area 2 reconstruction, tree
preservation and,auth6rization to bid.
Ed Menville, Director of Public Works, stated that the plans for
Priority Area 2 reconstruction and the plans for pre-treatment of
trees are complete. The Staff is recommending that the Council
give authorization to proceed with the bidding process. Mr.
Menville preselJ.ted a schedule for Priority Area 2. Workis
scheduled to begin on May 25, 1994.
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A motion was made by Council.Member Rushing, seconded by Council
Member Lewis to authorize the Staff to proceed with the bidding
process of Priority Area 2 reconstruction and the pre-treatment
of trees.
The motion was voted on with the following resu.lt:
Voting Aye:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
Voting Nay:
Absent:
WESLAYANSURFACE WATER LINE:
Consideration was given to the construction of the Weslayan
Surface Wetter Line and authorization to bid.
Mr. Menville stated that the Staff was requesting authority to
proceed with the bid advertisement for construction of the
Weslayan Surface WaterLine,. The project will provide the City
of West University place with surface water as mandated by the
Harris-Galveston. Subsidence District. Mr. Menville sta.tedthat
the contract has been delayed due to the lack of an approved
water contract between the City of Houston and West University
Place. The cost of constructing the water line is estimated to
i be $623,927. The City of Houston will pay $163,542 and West
i University will pay $460,385.
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City Council Regular Session, March 14,1994
Mr. Menville reported that the project is expected to take< eight
to nine months to complete. He stated that he did not expect to
have any damage totrE:!es in the area.
A motion was made by CbuncilMemberJ?ogler, seconded by Council
Member McCandless to authorize the Staf,fto move forward with
bids for theWeslayan Surface Water Line.
The motion was voted on with thefollow:ing result:
Votipg ]Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing,
FoglE:!r, Lewis and McCandless
None
None
TAX REFUND:
Consideration was given to 1993 ad valorem tax refunds.
Chris Taylor, Finance Director, stated that. the Property Tax Code
requires approval by the governing body .of refunds that exceed
$500.
A motion ,was made by Council Member Rushing, seconded by Council
Member Lewis to pr0geE:!dw.ith ,the .ad val.oremtax refunds in the
amount .of $2,956.88 'as presented.
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 ~-.L'~ ~S.
Consideration was given to the minutes .of the following City
Council meetings:
(a) WorkShop Session conducted on February 14, 1994
(b) Regular Session conducted on February 14, 1994
Cc) Workshop Session conducted.on February 24, 1994
Cd) Workshop Session conducted on February 28, 1994
(e) Regular Session conducted on February 28,1994
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City Council Regular Session, March 14, 1994
A motion was made by Council Member Lewis, seconded by Council
Member McCandless to approve the minutes of February 14 and 24,
1994 and to table the minutes of February 28, 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:
COUNCIL COMMENTS:
Council Member Fogler requested that copies of the plans for the
pre-treatment of trees be distributed to the members of the
Environmental Issues Committee for their review.
ADJOURNMENT :
Amotion was made by Council Member Lewis, seconded by Council
Member Rushing to adjourn to the workshop session. The regular
session adjourned at 8:27 p.m.
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL PUBLIC HEARlNG
SUNDAY, MARCH 20, 1994
COLONIAL PARK
BYRON AND WEST POINT STREETS
3:00 P.M.
The City Council held a public hearing in Colonial Park ,on March
20, 1994, with the following members present: Mayor Watson
presiding, Council Members Rushing, Lewis, and McCandless. The
City Manager, City Secretary, Public Works Director, Fire Chief
and Urban Forester were also present. Council Member Fogler was
absent.
Mayor Watson introduced members of the City Council and Mike
Tanner, City Manager, introduced members of the City Staff that
were present.
PRIORITY. AREA 2 AND 3 RECONSTRUcrION:
The City Council and Staff presented plans for Priority Area 2
and 3 Reconstruction,.
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Ed Menville, Director of Public Works, and Dieter Ufer,
Consulting Engineer from Langford Engineering, presented a status
report on the development of Priority Areas 2 and 3 to residence
of West University Place. In addition to the presentation, Staff
fielded numerous questions from the residents on items related to
the planned improvements and other issues.
Plans for priority Area 2 were made available at the meeting for
viewing and for specific inquiries.
There were approximately 75 to 100 res.idents in attendance.
ADJ01JRNMENT:
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 4:32
p.m.
Bill Watson
Mayor
Kaylynn Holloway
r City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, MARCH 28, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Workshop Session in the Municipal
Building (3800 University Boulevard) on March 28, 1994, with the
following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis, and McCandless. The City
Manager, City Secretary, city Attorney, Finance Director; Public
Works Director, Police Chief, Fire Chief 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.
MATTERSRELAT~TOTHE .AN.NOAL. AUDIT .FOR WATRR POT.T.T1'T'TCThT
PREVENTION:
Council Member RU$hinginqu~red about some of the City employees
not' being trained Which cost the city 15 points in the annual
audit.
Ed Menville, Director of pUblic Works, reported that in the last
few years seVeral employees have been transferred from the sewage
treatment plant to other public work operations. He stated that
this year the employees 'at the plant have he en encouraged to stay
at the plant and work on a ce-rtification program.
Council Member Lewis inqlliredabout the City working on a water
conservation planas referred to in the report.
Mr. Menville stated that the City is required by the State to
implement a water conservation plan. The Public Works Department
is in the process of collecting sample plans from other cities in
order to produce a plan for West University Place.
MATTERS RELATING TO THE PURCHASE AND lNST1t.T.T.1t.TTON'Olt' aN'
F.T .F.CTRICAL LIFT:
Mr. Menville reminded the Council that the first time the City
solicited bids for the electrical lift only one bid was received
in the amount of $40,000. The City Council rejected the bid and
directed the Staff to rebid the project with the City acting as
general contractor. ADA Design and Construction submitted a bid
in the amount of $14,'200. The Staff is recommending the bid
submitted by ADA Design be approved.
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City Council Workshop Session, March 28, 1994
CAPITAL IMPROVEMENTS:
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The City Council will consider the final report of the Capital
Improvements Task Force at a workshop to be scheduled for April
18, 1994 at 6:30 p~m.
BUILDING QUALITY TAro{ .1i'O'R~.
The City Council will consider the final report of the Building
Quality Task Force at the Workshop Session scheduled for April
11,1994.
-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 7:25
p.m.
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL REGOLAR SESSION
MONDAY, MARCH 28, 1994
MUNICIPAL BUILD:Qm
3800 UNIVERSITY BLVD.
7:30 P.M.
The City Council convened in Regular Session in the Municipal
Building (3800 University Boulevard) on March 28, 1994, with the
following members preSent: Mayor Watson presiding, Council
Members Rushingl Fogler, Lewis and McCandless. The City Manager,
City Secretary, City Attorney, Finance Director, Public Works
Director, Police Chief, Fire Chief and Parks and Recreation
Director were also present. Council Member Rushing delivered the
invocation and Mayor Watson led the Pledge of Allegiance.
RECOGNITIONQF CAPITAL. Dfi?RoyEMENTSTASK FORCE:
The City Council recognized the Capital Improvements Task Force
and presented certificates of appreciation to its members.
RECOGNITION OFBUILD:pqG QJJAL!l:TY.. TASKFORCE:
The City Council recognized the Building Quality TaskForce and
presented certificates of appreciation to its members.
CITIZEN COMMENTS :
Mayor Watson invited residents who wished to address the City
Council to come forward as their^nameswere called.
Marvin Jetton, a resident at 4004 Swarthmore, spoke to the
Council about the sanitary sewer liftstation on Weslayan, between
Univers'ity and Swarthmo:re.He stated that the liftstation
devalued his property ana for the first time the Council has an
opportunitytoreetd-'fythe situation. Mr. Jetton asked the
Council to relocate the liftstation to Colonial Park.
Arthur Hirdler, a resident at 6416 Community, requested that the
City Council change the proposed plans for the installation of
the liftstation on Community Drive. He suggested that the City
combine the Priority Area 2 and 3liftstations to one location in
Colonial Park.
Peggie Pentecost, a resident at 2606 Centenary, spoke in
opposition to the liftsti3-tions being located on private property.
She stated that the liftstationssmell bad and devalue the basis
for the City'S taxes. She requested that the City construct the
liftstations in the park.
Peggy Thompson, a resident at 4210 Byron, stated that she
supported moving the liftstations to Colonial Park. She added
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City Council Regular Session, March 28, 1994
that the liftstation, if put on Community, would place an unfair
burden on the nearby homeowners by depreciating property values.
Barbara Carlson, a homeowner at 6424: Community, stated that she
strongly opposed theliftstation being installed next to her
property. She presented a letter and pictures provided by Milton
Hardin, a real estate appraiser. In the letter, Mr. Hardin
reported that property located next to a liftstation had a
reduction in valu.eof 30-50% when compared ,to other properties.
She askedthattheliftstationsbe located at Colonial Park.
John Stavinoha, a resident at 4221 Byron, spoke in opposition to
the proposed liftstation being constructed on Community Drive.
Jim Easter, a resident at 4219 Byron, requested that the City
Council locate the proposed liftstation at Colonial Park.
John Carlson, a .resident at 3130 Albans, stated that a
lif.tstation on Community Drive would depreciate the value of the
surrounding homeowner's property.
Joe Burttschell, .a resident at 6428 Community, commented that he
has lived on Community Drive for only one month. Hestatedthat
if he had known the liftstation was being proposed for Community
Drive,. he probably would not have bought property there.
Molly Gerecht,a resident at 6340 Community; asked that the
Council relocate the proposed liftstation to Colonial Park. She
stated that Community Drive is a stree't that needs developing
instead of a burden like a liftstation.
Betti Allison, a resident at 6208 Community, commented that she
isa real estate appraiser. She reiterated the negative impact
on value of the property on Community Dr. if the liftstation is
located there .Ms" Allisonreport:edthat Texas is under new
guidelines concerning environmental hazards. It is possible that
if an environmental hazard, exists financing will not be
available.
Linda Yarger, a resident at 4230 Byron, stated that Community
Drive backs to the railroad tracks and power lines. . She asked
the City Council to not put additional burden on the residents on
Community.
Harold Yarger, a resident at 4230 Byron, opposed the liftstation
being located on Community Drive. He stated that he was not
convinced the City needed a new liftstation. I
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Russell Hancock, a resident at 6424 Community, expressed
opposition to the liftstation being located on Community. He
stated that he is concerned for all the people who walk across
the lot to go to the park on the next street.
MarlenenChampion, a resident at 3832 Southwestern, opposed the
liftstation being constructed on Community Drive. She also
requested that the City solve the drainage problem on her street.
Bill Champion, a resident at 3832 Southwestern, complained about
the flooding on Southwestern and College.
Elaine Allen, a resident at 4229 Villanova, opposed the
liftstation being constructed on Community and Byron. She stated
that the residents in the area were trying to change the image of
Community Drive.
Kyle Pentecost, a resident at 2606 Centenary, stated that he
thought the City should relocate the liftstation in Priority Area
2 and construct the liftstationfor Priority Are~ 3 in Colonial
Park. He stated that he would be in favor of spending the City
I, funds to locate the liftstations in the park.
l Jerry 0' Brien, a resident at 4224 Byron, asked the Council to
contructthe liftstation in Colonial Park.
Mayor Watson asked the City Manager to address the concerns of
the City regarding the liftstations.
Mike Tanner I City Manager, stated that he would like the Staff to
consider the p.dvantag-esand disadvantages associated with the
present location and the proposed location of the liftstations.
He, stated that the Staff has some concerns about locating the
liftstation in Colonial Park. The liftstation could not be
placed near the pump house or swimming pool.
Mayor Watson stated that there will be a public hearing regarding
theliftstations before any decisions are made. Everyone in the
surrounding areas will be notified of the hearing and given an
opportunity to speak.
Mr. Hirdler stated that Mr. Tanner did not address the
possibility of only having-one liftstation fOr Priority Areas 2
and 3.
n~~1 Mr. Tanner stated that if the City Council so directs the Staff,
I then consideration will be given to relocating the exis~ing
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City Council Regular Session, March 28, 1994
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liftstation at Weslayanand University. Mr. Tanner commented
that the staff has a fiduciary responsibility to the City. The
liftstation in Priority Area 2 is a good liftstation and people
purchased property nearby knowing it was there. He stated that
he could not, in good faith, recommend that the City relocate the
liftstation at Weslayan and University.
Council Member Rushing asked if the Consulting Engineer could
make a broad estimate of the cost of relocating the liftstation.
Dieter Ufer, consulting Engineer from Langford Engineering,
estimated the cost of relocation to be $300,000.
Council Member Lewis stated if it was practical to have a single
liftstation.
Mr. Ufer stated that it was more cost effective to have two
separate liftstations because one already exists.
Mayor Watson reported that the law requires that in order for the
City to put a liftstationin a park, the City must have a public
hearing and abandon that portion of the park land to be used for
the'liftstation.
Mr. Tanner commented that the Staff could schedule a public
hearing within three to four weeks.
ORDINANCE FOR RETIREE BEf:..J.t!a<"I'rS:
Consideration was given to the second and final reading of
Ordinance No. 1474.
Mayor Watson read the caption of Ordinance -No. 1474 as follows:
AN ORDINANCE RELATING TO CERTAIN MEDICAL AND INSURANCE BENEFITSj
AMENDING THE CITY'S PERSONNEL POLICIES AND PROCEDURES MANUALj AND
CONTAINING FINDINGS AND, PROVISIONS RELATING TO THE SUBJECT) .
Copies of Ordinance No. 1474, as required, were available to all
members of the City Council.
A motion was made by Council Member Lewis, seconded by Council
Member Rushing to approve the second and final reading of
Ordinance No. 1474.
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City Council Regular Session, March 28, 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:
RESOLUTION FOR MUNICIPALWATERPOLLtlTION. PRF.UF.tilTTON.
Consideration was given to Resolution No. 94-04 for the
prevention of water pollution and an annual audit required by the
Environmental Protection Agency.
A motion was made by Council Member Fogler, seconded by Council
Member McCandless to approve Resolution No. 94-04 as presented.
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:
TRANSPORTATION TM'P~rn~~GPEEMENTi'OR ~mli.WALKRECONSTRUCTION:
Consideration was given to a Transportation Improvement Agreement
with the Met.ropolitan Trans1,t Authority for the reconstruction of
sidewalks around West UniversityE:lementary School.
Mr. Menville stated that the agreement will enable Ml;:TRO to make
point repairs and construct sidewalks around West University
Elementary School.
Council Member Rushing asked that the school be notified of the
repairs.
A motion was made by Council Member McCandless, seconded by
Council Member Lewis to approve the transportation agreement for
the sidewalk reconstruction.
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:
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City Council Regular Sessionl March 28, 1994
BIDS FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS:
Consideration was given to bids received March 14, 1994 for the
purchase of 3 self-contained breathing appa.ratus for the Fire
Department.
The following bids were received:
Bidder
Unit Price
Fire Control Protection Co.
Allied Safety Equipment
Vallen Safety Supply Co.
Safety Supply of America
$2,267.35
$1,768.00
$1,740.38
$1,687.89
Fire Chief Terry Stevenson reported that the self-contained
breathing appara,tus were required by ,the State. The additional
purchase 01: three would bring the City to the' standard
requirement.
Amotion was made by Council Member Rushing,.. seconded by Council
MemberMGCandless to award the low bid in the amount of $6,3-85.11
submitted by Safety Supply of America for three self-contained
breathing apparatus.
The motion was voted on with the following result:
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Voting .Aye:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
Voting Nay:
Absent:
BIDS . FOR THE. PURCHASE OF CHEMI~T.~ANDSERVICES:
Consideration was given to bids received February 24,1994 for
the purchase' of chemica:lsand services (chlorine, sodium
bisulfite, sludge dewatering polymer, biosolid disposal and
janitorial services).
Mr. Menville.. requested that the City Council approve the
following bids:
For Chlorine Gas , A\...etylec1J.e O.h.;Y~C::H, $400/one ton cylinder,
$55/150 pound cylinder.
For Sodium Bisulfite, Mid-Co Chemical. $ . 13/pound.
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City Council Regular Session, March 28, 1994
For Sludge Dewatering Polymer, Fort Bend ServiceR. $1.20/pound.
For Biosolids Transportation and Disposal, F.nv; rOQ:rm;cR.
$ll.Sl/cubic yard.
For Janitorial Services, J.E. Associates, $l,407.42/month
A motion was made by Council Member Rushing, seconded by Council
Member Lewis to accept the low bids as presented by the Public
Works 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:
BIDS FOR THE PURCHASE . AND INSTALLATION OF ANF.T .~TC!AL LIFT:
Consideration was given to bids received February 24, 1994 for
the purchase and installation of an electrical lift at the
Library.
Mr. Menville stated that one bid was received in the amOunt of
$14,200 from ADA Design and Construction.
A motion was made by Council Member Lewis, seconded by Council
Member McCandless to accept the bid submitted by ADA Design and
Construction in the amount of $14,200.
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:
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the following City
Council meetings:
(a) Workshop Session conducted on February 28, 1994
(b) Regular Session conducted on February 28, 1994
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City Council Regular Session, March 28, 1994
A motion was made by Council Member Fogler, seconded by Council
Member Lewis to approve the minutes as'presented.
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 thanked the members of the Task Forces
for their work.
Council Member Fogler requested that the Council have a workshop
to reviewthei.rgoals and objectives.
ADJOURNMENT:
With no further business to 'come before the City Council at this
time,a motion was made by Council Member Lewis, seconded by
Counoil Member McCandless to adjourn.. 'I'he regular session
adjourned at 9:00 p.m. .
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
SUNDAY, APRIL 10, 1994
MUNICIPAL BUILDING
3800 UNIVERsITY BLVD.
3:00 P.M.
The City Council convened in Workshop Session in the Municipal
Building (3800 University Boulevard) on April 10, 1994, with the
following members present: Mayor Watson presiding, Council
Members Fogler, Lewis, McCandless and Rushing. The City Manager
and Public Works Director were also present.
FIELD EXERCISE:
The City Council conducted a field exercise to inspect the
following projects and sites:
SINGLE FAMILY HOMES. City Council and Staff inspected the
following residences involved in various stages of construction:
3501 Rice (Stake out)
3601 Plumb (Frame)
2932 Plumb (Dry in)
PRIORITY AREA 1: City Council and Staff inspected infrastructure
improvements in the Charlotte/Lake Area.
LIFT STATION ~PECTION: City Council and Staff inspected the
lift station located at Nottingham and poor Farm Ditch.
PRIORITY AREAS 2 AND 3: City Council and Staff toured the future
locations of infrastrut:ture improvements in Priority Area 2
(College/Oberlin Area) and Priori.ty Area 3 (West Point/Villanova
Area) .
SOUTHWEST HOUSTON Y.M.C.A. City Council and Staff inspected the
grounds and facilities at 4201 Bellaire (Southwest Houston
Y.M.C.A.).
The workshop session adjourned at 4:45 p.m.
Bill Watson
Mayor
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CITY COUNCIL WORKSHOP SESSION
MONDAY, APRIL 11, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Workshop Session in the Municipal
Building (3800 University Boulevard) on April 11, 1994, with the
following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis, and McCandless. The City
Manager, City Secretary, City Attorney, Finance Director, Public
Works Director, Police Chief, Fire Chief, Parks and Recreation
Director and Building Official were also present.
AGENDA . REVIEW:
The City Council reviewed the regular meeting agenda and
discussed items under consideration with the Staff.
MATTEIy3RELATINGTOA RECORDSMANAaF.MF.NTCONSrlLTING' ~F.RVT('!R.
Council Member Fogler stated that she did not feel that the
City's Reserve Fund should be used for a consulting service. She
stated that she was not opposed to engaging a consulting service
for reco.rdsmanagemerrtand asked if ,the .budget could cover the
expenditure.
Mike Tanner, City Manager, stated that the Staff could move funds
from thebu;qget and at the end of the year unused funds in the
administrative blldgetand c,ity council budgetco'l,lld be used.
Council ,Member Lewis asked why the City needed an outside company
to do the records management.
City Secretary, KayHolloway,$tatedthat Pile Pro was very
experienced with records management and familiar with all the
State' requirements. Conducting an analysis of all the records in
the City would require a significant amount of time from the City
Staff.
BUILDINGOUALITYTASK FORCE:
The City Council discussed the final report of the Building
Quality Task Force with its members.
Bob Semands, Chairman of the Building Quality Task Force, stated
that the Task Force met every Wednesday night, except during the
holidays, and there still was not enough time to fully consider
the entire building process. The Task Force held a series of
forums in which various groups were invited to provide input.
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City Council Workshop Session, April 11, 1994
These groups included engineers, soil experts, builders,
foundation repair contractors and warranty and insurance company
representatives. The focus of the Task Force has been mainly on
process and issues relating to foundations.
Mr. Bemands stated that the comments received on the building
process were primarily requests that the City adopt a system that
is stable, predictable and consistent.
Mayor Watson asked why there is inconsistency in the Building
Department.
Mr. Semands stated that many of the codes and ordinances are
obtuse and d1.fficultto interpret. There is also a constant flux
in the Building Departments' personnel. Mr. Semands commented
that he thought 'the Inspection Department would be more
consistent with the new Building Official.
The Building Quality Task Force recommended that the City'S
ordinances require a specialist in each of the fields involving
foundations. '. For example ,a soils report should be performed by
an American Association for Laboratory Accreditation certified
soils engineer who can demonstrate a minimum of $500,000
professional liability insurance coverage. Foundations should be
designed by a registered professional engineer licensed in the
State of T.exasand designated in the Texas Registered
Professional Engineer Roster as structural or civil. Piers and
slabs must he inspected for design conformance and the report
sealed by a licensed engineer. .
Mr. Semq.nds commented that the Building Quality TaskForce has
ra;ised other iSBuesor proposals that they feel are worthy of
further study. He stated that the requirements concerning
framing and other aspects of the building process such as
electrical and plutnbingshould be studied.
Council Member Rushing stated that the City Council had not made
any decisions regarding the reappointment of the Task Forces. He
asked Mr. Semandshow it would help the citizens of West
University Place by extending the Building Quality"Task Force.
Mr. Semands stated that by constantly reviewing and to
continuously improve the building structure would benefit the
citizens. He commented that he sees continuous improvement as
on-going process.
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Mayor Watson recessed the workshop session at 7:30 p.m. to
convene in regular session.
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City Council Workshop Session, April 11, 1994
At 8: 20 p. m., Mayor'Matson reconvened the workshop's@ssion with
the following present: Mayor Watson presidingj Council Members
Rushing, Fogler, Lewis, and McCandless. Staff members present
were the City Manager, City Secretary; City Attorney, Public
Works Director, Finance Director, Police Chief, Fire Chief,
Building Official and Parks and Recreation Director.
ZONING AND PLANNING COMMISSION:
The City Council considered a report from the Zoning and Planning
Commission.
Ned. Ross, Chairman of the Zoning & Planning commission, presented
a synopsis of the current regulations regarding setbacks and
total development. Mr. Ross stated that the current ordinance
has architectural restrictions. The side set back requires a
minimum of 5 feet on each side of the house. Mr. Ross stated
that one suggestionuuder consideration by the Commission is to
require an average .of 5 feet by either bringing in the front or
back corner or some courtyard area to make up the space. The
ordinance would still require a setback with a combined total of
10 feet but a resident could choose to use the 7footl3foot rule
where one side could be 3 feet in some places but in other places
the home would have to be set back to 7 feet.
Joe Webb, a member of the Zoning & Planning Commission, stated
that the side set back rule wouldaccomp.lish more pervious space
and help .solve a safety issue. Mr. Webb stated that the Fire
,Department might have a difficult time getting between two homes.
Mr. Ross statedt-hat, with the f.lexibility of the Zoning
Ordinance, people are taking advantage of every square foot of
space and building a house that maximizes the dimensions that the
ordinance allows.'
Mr. Ross presented construction statistics from January 1994 to
March 1994. The average footprint of a home on a 50 .x 100 foot
lot is 3,513 square feet with ,a 29% pervious area. In 1992, the
average habitation area was 4,100 square feet and in 1993 the
average habitation area was 3,994 square feet. In 1994, it
dropped to 3,400 square feet.
Mr. Ross stated that the Zoning & Planning Commission was also
looking at other changes in the Zoning Ordinance. One is to
reduce the porch exCeption and allow only stoops to be built on
the front of the homes. A porch can be built on the lot if the
house is pushed back in order to comply with the front set back.
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City Council Workshop Session, April 11,1994
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Mr. Ross reported that the fire safety issue is the biggest
problem with a three story home where the only access to the
third story is on the sides of the house. It would help the
safety issue by bringing the garage recline down from 25 feet to
something slightly less. This would also provide more air and
light into neighbors yards.
Mr. Semands suggested that the Zoning & Planning Commission
discuss the proposed changes with buiJ-dersin .order to get
feedback from them.
Mr. Ross stated that he would like to have a meeting with the
representatives of each board and committee to discuss the
proposals.
Mr. Ross stated that the residents in the Ci.ty will have to be
soldan the amendments through an education process. Residents
that have questions will be the ones who will attend the meetings
and the Zoning & Planning Commission, at that time, will be able
to.outlinetp them why the changes are being-made.
Council Member McCandless suggested that the education,process
start immediately.
Mr. Semands stated that he did not believe that increasing,the
pervious area by 3% would impact the drainage problem or help the
safety issue'at all. He commented that' if the Commission is
planning on selling the amendments to the residents then they
need to be told that the members ot'the Z&P want smaller homes
and moregreenspace.
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Council Member McCandless commented that if the homes get any
larger then 'the 'safety aspect bec.omes a bigger issue and the
drainage problem will become worse. He stated that the City has
reached a ce~tain point where a line needs to be drawn in the
size of homes being built.
The City Council requested that the Zoning & Planning Commission
continue to study the proposed amendments.
Council Member Lewis asked that the City Currents be used as a
vehicle for educati.onal information to inform residents of the
proposed amendments.
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City Council Workshop Session, April 11, 1994
GOALS AND OBJEcrIVES:
The City Council tabled 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 to adjourn. The meeting adjourned at 9:40
p.m.
BmWatson
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, APRIL 11, 1994
MUNICIPAL BUILDlNG
3800 UNIVERSITY BLVD.
7:30 P.M.
The City Council convened in Regular Session in the Municipal
Building (3800 University Boulevard) on April 11, 1994, with the
following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis and McCandless. 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. Shawn Jones of the
West university Church of Christ delivered. the invocation and
Council Member Fogler led the Pledge of Allegiance.
CITIZEN COMMENTS:
Mayor Watson invited residents who wished to address the City
Council to come forward as their names were called.
Shirley Alpha, a resident at 6426 Sewanee and owner of the
property at 6425 Sewanee,complained about her 65 year old tree
being damaged. She also reported that a builder, who has bought
the propeJ::'ty next door to hers, is being allowed, by the City'S
Urban Forester, to drill 1 1/2 feet into the roots of a large oak
tree. She stated that the oak tree has less than a 50% survival
rate. Mrs. Alpha reported that she called the Building
Department and was treated rudely. '
Bill Champion, a resident at: 3832 Southwestern, requested that
the City Council put in street drains on College and
Southwestern.
Buddy Bell, a resident at 4038 Swarthmore, requested a progress
report on the drainage improvements around West University
Elementary School.
Ed Menville, Director of Public Works, stated that the project
was scheduled to begin April 25, 1994.
Mr. Bell reported that Dr. Ide, Principal of West University
Elementary School, and members of the P.T.O., would like to
request that the City Council not ask H.I.S.D.to move the
temporary classroom buildings at this time. The P.T.O. would
like to wait until they know the student enrollment number for.
the Fall school year.
Mike Tanner, City Manager, reported that the City Attorney has
recommended that the City Council discuss the ordinance
requirements concerning the temporary buildings at a later
workshop session.
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City Council Regular Session, April 11, 1994
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Harry Emmerton, a resident at 3822 Southwestern, stated that he
would like to know what is the present status of the solid waste
privatization.
Mr. Tanner reported that at the next regular City Council session
the Staff will present a program for the City Council to review
and possibly approve.
RESOLUTION:APPOINTmGMEMBERS TO THE .CQMMONICATIONS COMMI'ITEE:
Consideration was given to Resolution No. 94-05 (A RESOLUTION
PROVIDING FOR THE APPOINTMENT OF MEMBERS TO THE COMMUNICATIONS
COMMITTEE) .
-Mayor Watson stated that three members of the Communications
Committee have resigned to be members of the Newcomers Club and
there are twoaddrtional vacancies. Five volunteers have
expressed a desire to serve on the Communications Committee.
A motion was made by Council Member Lewls, seconded by Council
Member Rushing to approve Resolution No. 94-05.
The mo-tion 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 PROFESSIONAL CONSULTING SERVICE FOR RECORDS
MANAGEMENT:
Consideration was given to the engagement of File Pro Corporation
for the preparation, submission and implementation of a records
management schedule.
Kay Holloway, City Secretary, introduced Ron White, a
representative from File pro Corporation.
Mr. White reported that File Pro will provide a records
management service to West University Place to ensure that the
City is in compliance with the Texas Library and Archive
Commission Code. All records in the City must be analyzed,
assigned a state reference number and retention period, and
submitted to the State for approval. Mr. White stated that once
the retention schedule is approved by the State, File Pro will
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City Council Regular Session, April 11, 1994
come back to the City' on a quarterly basis and help maintain the
records.
Council Member Lewis asked how far back the City is required to
keep records.
Mr. White reported that the City is required to keep records from
the date of incorporation. Cities were not suppose to have
destroyed any records up until now. This is the purpose of the
records management schedule. The State will now allow a City to
destroy records but only by their retention schedule.
Council Member McCandless asked if File Pro maintained an
inventoried index.
Mr. White stated that each department will receive an inventory
of everything they generate.
Council Member Rushing asked if the Records Management service
would be needed for more than two years.
Mr. White stated that some cities engage File Pro to maintain
their files on a permanent basis.
Ms. Holloway stated that, once the records at West University
Place are in compliance with the State requirements, the Staff
will be able to maintain the records for the City.
'Council Member Lewis asked Mr. White how File Pro charges for
their service.
Mr. White stated that the payment amount is based on the number
of departments, the population of the City, the number of boxes
in storage and the number of active files in the offices. Mr,.
White stated that he came to the City a few months ago and
counted the number of boxes the City has in storage.
A motion was made by Council Member Rushing, seconded by Council
Member McCandless to approved the engagement of File Pro
Corporation for the preparation, submission and implementation of
a records management schedule as presented by the City Secretary.
Council Member Fogler asked that the motion be amended to clarify
that the funds for the payment will be derived through amendments
from the administrative budgets. Council Member Rushing seconded
the amended motion.
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City Council Regular Session, April 11,1994
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The amended 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 .MINOTES.
Consideration was given to the minutes of the Workshop Session
conducted on March 7, 1994.
A motion was made by Council Member Fogler, seconded by Council
Member McCandless to approve the minutes of March 7, 1994 as
presented.
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 Rushing thanked members of the Staff for the field
trip on Sunday afternoon.
Council Member McCandless also stated that he appreciated the
opportuTIityto tour the City with,:the Staff.
STAFF REPORT:
Mr. Tanner reminded the City Council that the, Charter Review
Committee will b~ holding a meeting on Wednesday morning at 7:30
a . m. He also reminded" the Council that no more than two members
of the City Council could attend the meeting without sufficient
time to post a notice.
Mr. Tanner reported that Public Safety Day will held on Saturday,
April 16.
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City Council Regular Session, April 11, 1994
ADJOURNMENT:
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A motion was made by Council Member Lewis, seconded by Council
Member Rushing to adjourn to the workshop session. The regular
session adjourned at 8:07 p.m.
Bill Watson
Mayor
KaylynnHolloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, APRIL 18, 1994
MONICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Workshop Session in the Municipal
Building (3800 University Boulevard) on April 18, 1994, with the
following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis, and McCandless. The City
Manager, City Secretary, City Attorney, Finance Director, Public
Works Director and the Consulting Engineer from Langford
Engineering were also present.
CAPITAL IMPROVEMENTS :
The City Council discussed the final report of the Capital
Improvements Task Force with its members.
Bill Mackey, Chairman of the Capital Improvements Task Force
introduced two members, Joe Studlick and Kris peters, who were
present at the meeting. Mr. Mackey reviewed the current status
of the infrastructure replacement program. Priority Area 1 is
complete and Priority Areas 2 and 3 will be under construction in
1994. This represents 18.7% of the infrastructure improvements.
Mr. Mackey stated that the Task Force is advocating to complete
Priority Areas 4 through 8, 43% of the total area in the city, by
the end of 1999. This proposal would call for an acceleration of
the existing comprehensive plan designed by Langford Engineering.
By the end of 1999 every home in West University Place would have
new sewers. The Task Force recommended that a $42 million Bond
Election be called in 1994 to provide the funds for the
iIlfrastructureimprovements.
Mr~ Mackey stated that West University has a shortage of green
space and the Task Force is recommending that the city be
aggressive in trying to purchase the Y.M.C.A. property. Mr.
Mackey commented that there are some citizens that question the
need for the land.
The Task Force recommended that the city take over the
construction and repair of sidewalks. Mr. Mackey stated that the
city should assume :responsibility for providing good sidewalks
throughout the city in brderto enhance public safety, increase
property values and reduce the risk of expensive litigation.
Mike Tanner, City Manager, stated that the city's position has
always been that the city is not responsible and will not be held
liable for the condition of sidewalks. The City'S Staff has
discussed policy regarding sidewalks with previous
administrations but the discussion has ended without a decision
or the decision was made to not change policy.
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City Council Workshop Session, April 18, 1994
',--
Mr. Mackey stated that the Task Force is asking the City Council
to engage an architectural firm to fully exploit the natural
beauty of West University Place and to develop a plan. He stated
that such a study will favorably impact infrastructure problems,
egress issues, "safety and aesthetics.
Mr. Mackey concluded by saying that he felt West University Place
has tremendous natural beauty" the best ,location, superior city
servi-cesandavery strong financial position. But, the streets
are fa).ling~part and ,there are very few sidewalks or curbs. Mr.
Mackey stat.ed that he felt the City could afford to replace that
weak link in'the chain.
The City Attorney left the meeting at 8:05 p.m.
The City Council recessed at 8:05 p.m. and reconvened at 8:10
p.m.
GOALS ,ANDO~S:
The City Co.uncil discussed goals and objectives of its
administration.
Council Member Lewis suggested that the City Staff have an
employeeoft.hemonth. This employee should be recognized in the
City Current~.
The City 'Council ask the City Secretary to schedule a public
hearing-to discuss the relocation of the Priority Area 3 Lift
Station.
ADJQURNMENT:
With no further business to come before City Council at this
time, a motion was made by Council Member Rushing, seconded by
Council Meinber McCandless to adjourn. The meeting adjourned at
9: 38 p. ffi.
Bill Watson
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, APRIL 25, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City council convened in Workshop Session in the Municipal
Building (380QUniversityBoulevard) on April 25, 1994, with the
followingmemb~:rs present: Mayor Pro Tem Rushing presiding,
Council Members Fogler, Lewis, and McCandless. The City Manager,
City Secretary"Finance Director; Public Works Director, Deputy
Public 'Worksbirector"Pol,ace Chief, Fire Chief, Parks and
Recreation Director and Building Official were also present.
Mayor Watson was absent.
AGENDA ~E.W:
The GityCouncil reviewed the regular meeting agenda and
discussed items under consideration with the Staff.
The City Attorney arrived at 6:40 p.m.
MATTERS'Rm-.~TJ'NG TO '1"R'Ji! .F.NC:!~~ n'FL2UiWS~ ARCIIrl'ECrI
l Mark Mailes,pa;pks and Recreation Director stated a
~ representativef~onl $tanger&Associates (design architect) and
Odette Mace (Parks Eoardmember) .would be present at the regular
session to anSwer any questions.
Council. 'Member'Lewis inquired about the relocatibTI of playground
equipment,.
Mr. Mailes stat~dthat the playground equipment would stay in the
location where :it is now.
The City Manager statedthatpl.aygroundequipmen,t location was
shown in the design Plans previously ,submitted to City Council.
Mayor ProTem Rushing said that he wanted to make sure that the
neighbors in the area are kept informed of park improvements.
Council Member McGandless stated that children'S toys and
equipment, should be brightly colored and ,adult neighbors should
not be concerned about possiple effects on property values.
Mayor Pro TemRushi,ng stated that he did not want the City to be
criticized for "not communicating" and therefore, wanted to be
sure that the neighbors were informed as to any forthcoming
meeting which would discuss design improvements at Wier Park.
Mr. Mailes responded that a possibility would be to invite them
to an upcoming Parks Board meeting. .
LU'~ ·
City Council Workshop Session, April 25, 1994
Council Member Lewis stated that she was uncomfortable with the
Parks Board operating in the capacity of decision-maker without
alerting the C;Lty Council as to their activities.
Council Meml::?erFogler stated that she was not pleased with the
limited opportunity afforded the City Council to work with the
Parks Board in developing 'design improvements. She stated that
by the time the Council is presented with a draft design, the
design has already been through several changes, without Council
input.
The City Manager stated that the Council was the governing body
with the authority to approve plans and authorize bids,.
Mayor Pro Tem Rushing asked to be advised of Parks Board meetings
and for Mr. MaiTes to ke~pthe entire Council informed as to Park
Board activities.
MA~ ".RELATING+'O BID~ FOR 'J?RIORITY AREA 2 RECONSTRUCTION;
Jim Dougherty, City Attorney., spoke with regard to Brown & Root's
bid for Priority Area 2 Reconstruction. He stated that there was
a fundamen,t-allegalproblemwith Brown &: Root 's bid. Brown &
Root bid the project by limiting their exposure to two million
dollars. Capping their exposure increas~dthe City'S exposure.
CouncilMemberFoglerask~d if the City could accept an amended
bid from Brown &: Root, ev~n though the deadline for bid submittal
had passed.
Mr. Dougherty stated that Brown & Root notified the City that
they had a problem with the City's indemnity clause approximately
48 hours before the bids were due. The City did not have enough
time to decide on the issue and prepare, as well as distribute an
addendum t01:;he other bidders ina timely manner before the
deadline.Tpe issue with Priority Area .2 was'a "risk management
and insurance ,problem" . Mr. Dougherty added that he would review
the City'S indemnity clause with Staff before Priority Area 3 is
bid to see if it would he beneficial for the City to change
policy.
Ed Menville,Public Works Director, stated that Brown & Root was
well aware of the City'S indemnity and insurance specifications
before they bid the project as well as the addendum which stated
the City would not change policy on the issue for this project.
Mike Tanner" City Manager, stated that there were no
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City Council Workshop sesSirn, April 25, 1994
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circumstances which would a~low the City Council to re-qualify
Brown & Root's bid. An exeputive session would most likely be
necessary to discuss other issues which would arise from re-
qualifying and accepting Brbwn & Root as the low bidder.
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Council Member McCandless akked if the City was incumbent to
accept the lowest bid submitted.
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Mr. Dougherty replied that ~tate bidding law says the City
Council has the obligation to go with the lowest, responsible
bidder. He also stated that the law further states if the lowest
bidder is not chosen, the n~tice must be given to the other low
bidders so that they may appear before Council to show,they are
responsible bidders. i
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Mr. Tanner suggested that the Council could hear the appeal of
Brown & Root during the re~lar session, table the award (City
has 90 days in which to award the bid) and conduct an executive
session to discuss the range of issues and then make a decision.
I
Mayor Pro Tern Rushing sugge~ted having the Staff review current
policy with regard to indemhity and insurance before Priority
Area 3 bids. I
Council Member Fogler state~ that she was not impressed with the
fact that Brown & Root did ~otbid to specifications, possibly
thinking that were over-qualified for the project and did not
have to bid as everyone els~. She stated that she did not want
to re-bid the project. I
The 'Public Works Director s~ated that Kinsel Industries, the
second lowest bidder, was b~ing recommended for the bid award on
Priority Area 2 reconstruction.
Council Member Lewis statedlthat she would like to table the bid
award and take-the indemnitt and insurance issues under
advisement. I
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~TI'ERS RELATING TO. THE F.T'rCAL REPAIRS AT COLONIAL PARK:
Mr. Mailes reported that the electrical system at the Colonial
Park swimming pool is not g~ounded. The pool is closed right now
so the electrical repairs c~uld be done at this time.
Mike Tanner, City Manager, ltated that the Staff is recommending
that the City Council decla~e an emergency and waive the bid
requirements so that the Stiff c:n proceed with the low quote
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City Council Workshop Session, April 25, 1994
received and make the necessary electrical repairs.
Mayor Pro Tem Rushing recessed the ,workshop session at 7:30 p.m.
to convene in regular session.
At 9:05 p.m., Mayor Pro T.em Rushingreconven~dthe workshop
session with the foll<;>wingpresent: Mayor Pro Tem Rushing
presiding; Council Members Fogler, Lewis, and McCandless. Staff
members present were the City Managex, City Secretary, Public
Works Direct.br, Deputy Director of Public Works, Finance
Director, Police Chief, Fire Chief, Building Official and Parks
and Recreation Director.
ARUU"l".I!;C'l'URJ\t. STOnY OF COMMUNITYJillILDING:
The City Cou:nGil considered an architectural study of the
Community Building sl.lpmit.ted by Mitchell Carlson and Associates,
Inc.
John Stone, an architect with Mitchell Carlson & Associates,
presented plans for Community Building renova.tion. The original
building was'constructed in the 1940's. Mr. Stone stated that
the plans w~re design~d to .staywithintheallotted budget. The
condition of the building was not in bad shape, considering its
age. There iare no sign.ificant structural proplems. The
courtyard prevented any building expansion; the building was
"land locked". There is also no entry between the lobby and the
Loggia without going through the Activity Room. Storage is
anotherprob+emand will probably always bea problem because of
limited spaGe. The front entry is sm~ll and low. The porch
shol.lldbeexpan<ied to give the buildiLngmore identity. Other
concerns inc;Ludebringingthe building up to the requirements of
the Americanpisabilities Act. The stage area is not utilized;
exceptasa 'podium. This would become a new meeting room and
small storage area. New doors would be installed throughout as
well as the replacement of lighting fixtures.
Council Member Lewis asked if there would be justification for
constructing a second floor to expand recreation programs;
possibly even cons trl.lct ing an entirely new building.
Mr. Mailesstated that without considering the Senior Wing, the
Community Building has approximately 6,000 square feet. The
estimated cost for anew building per square foot would be $80
and the total cost in the vicinity of $500,000.00-$1 million
dollars.
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City Council Workshop Session, April 25, 1994
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The City Manager stated that
cost of renovations compared
City Council so wished.
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the Staff could take a look at the
with the cost of rebuilding, if the
Mayor Pro Tem Rushing suggested possibly getting a study on
constructing a new building.
Council Member Lewis stated that she would like to see
alternatives to remodeling.
Council Member Fogler requested a cost estimate on revenues
generated by added space at the Community Building.
SOLID WASTE AND PRIVATIZATION:
The City Council discussed solid waste management and
privatization.
Mr. Tanner distributed sheets which outlined the services the
~ Staff was proposing to bid. The contract would be an exclusive
franchise and the City would bid residential collection. The
commercial collection would be handled through a franchise, due
to the City's not being equipped tD handle commercial collection.
He recommended franchising commercial collection, So the City
would have some control over the company performing commercial
collection, i.e. verifying insurance, hours of collection, etc.
to promote the healt:!l, safety and welfare of residents. Mr.
Tanner st-atedthat the Staff was proposing a \ "sticker system"
primarily because the City Council, up to thts point in time, had
shown an inteTestin pursuing a vo~ume rate. Bag distribution
was a great ~ost to the City and stickers were a ~heaper
alternative. The City has retained a discount rate for senior
citizens (over 6S residents). It currently costs 92 cents to
collect and dispose of a 30 gallon bag of garbage. Based upon a
survey the City conducted of 10~ homes, the average home used 19
bags of garbage a month. Mr. Tanner stated that by imposing a
volume rate, the number of bags would likely diminish. He stated
that 87% of the City" s required revenue is generated through the
minimum rates.
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Council Member Lewis asked if the City has abandoned its original
plan of competitively bidding solid waste privatization.
The City Manager stated that the Staff was hopeful there were
bidders who would want to bid the volume rate or minimum rate
specified by the City.
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City Council Workshop Session, April 25, 1994
Council Member McCandless stated that he was not in favor of the
"sticker system". He supported using bags instead.
The City Manager stated that the City found it hard to change the
system whenpEaople are in support of current "policy.
Jerry Burns, Deputy Public Works Director, stated that the
specifications breakdown all types of, pickup and what the
company's would charge for each type of pickup. He stated that
the' cities which have sticker systems do the collection
themselves "because they know what they are trying to achieve".
The City Manager stated that the Staff was requesting Council's
authorizatioI:1 to begin the bidding process. ·
Gindy Neal, Chairman of the Recycling committee, stated that she
has heard about the "s.ticker system" in other cities and it
appears to be a beneficial system. Personally, she favored the
volume rate system; therefore, she wanted to purchase the amount
of stickers she would use, not have a set amount of st~ckers
mailed to her.
Council Member Fogler requested the City look at having a drop-
off site fOr recycling of cardboard and plastics.
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The City Managersugges'tedthepossibility of working with the
City of Bellaire on the issue.
Cindy Neal supported a joint venture with ,Bellaire to obtain a
recycling drop-off site.
Council Member Lewis stated that the drop--off site could be
staffed by volunteers :or community service for teenage offenders.
The City Manager inforrnedCouncilthat the Staff was currently
bidding a flat rate per month with "as is" -service. The Staff
would also bid a volume rate system with stickers; however some
services would be eliminated, such as leaf collection.
The City Council also asked the City Manager to begin discussions
with the City of Bellaire on the issue of a recycling drop-off
site.
EVALUATION OF STAFF:
The City Council tabled evaluation and compensation of specific
members of the Staff until a later date.
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City Council Workshop Session, April 25, 1994
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 10:10
p.m.
tom ,.Ru5hing------
Mayor Pro Tern
Kaylynn Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION
,MONDAY, APRIL 25, 1994
M1JNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
The City Council convened in Regular Session in the Municipal
Building (3800 University Boulevard) on April 25,1994, with the
following members present: Mayor Pro Tem Rushing presiding,
Council Members Fogler, Lewis and McCandless. 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. Boy Scout Troop 55
delivered the invocation and led the Pledge OI Allegiance. Mayor
Watson was absent.
CITIZEN ,COMMENTS:
Mayor Pro Tem Rushing invited residents who wished to address the
City Council to come forward as their names were called.
Michael Dewey, a resident at 2705 Amherst, requested that City
Council help with traffic speeding on Amherst at Annapolis.
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Police Chief, Steve Griffith, stated that once street
improvements were finished, a traffic count study would be
performed to evaluatethespeedingconcern~ If necessary,
additional stop signs would be installed.
Ted Eubanks, a resident at 2701 Amherst, stated that there is a
problem with speeding vehicles on Amherst. He requested a four-
way stop" sign at Amherst and Annapolis. He distributed an
article to City Council about a study performed by the U.S.
Forest Service in Chicago which detailed the cost of tree
preservation in dollar amounts. ae also said that he was
resigning as Chairman of the Environmental Issues Committee due
to his moving out of the City.
Mayor Pro Tern Rushing complimented Mr. Eubanks on his work with
the Environmental Issues Committee.
Bill Smith, a representative of Brown & Root, addressed the City
Council regarding the Priority Area 2 Reconstruction Project.
Mr. Smith stated that his company had been the apparent low
bidder on the project. The language in the bid submitted limited
Brown & Root's liability for actions of the City. Mr. Smith
stated the language was customary with other municipal contracts
and would not accrue any undue liability for the City. He stated
that -the city would save approximately $189,0{)0 by awarding the
bid to Brown & Root.
Council Member Fogler asked Mr. Smith if his company's bid
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City Council Regular Session, April 25,1994
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represented the City'S contract bid requirements as specified or
if ~rown & Root's bid language regarding indemnity was a material
change to the contract solicited by the City.
Mr. Smith stated the})id submitted by Brown & Root represented a
fair price for work to be performed and the ,indemnity language
limited his cpmpanY'sliability for the current.or sole
negligence of the City. He stated that his company 's bid price
included the 'cost of insurance for, any fault on the part of Brown
& Root.
Mayor Pro Tem Rushing stated that the Council would further
discuss Brown & Root's bid during the individual agenda item.
.
H.E.Emmerton, a resident at 3822 Southwestern, stated that he
opposed solid waste privatization. Mr. Emmertonstated that the
City has 'provided lithe best garbage servicell. Privatization may
cost less; however, safety of residents should be taken into
consideration. ,Mr. Emmerton reported that a collision between
his son and a BFIbruck a few years ago has him worried about the
safety of W.U. residents. '
Mayor Pro TemRushing commented that the' City has performed a
good job concerning garbage service. He stated that it was the
CityCouncilTs obligation to review garbage service on behalf of
the whole community.
_RESOLUTION, APPOmrINGMEMBERS TO THE ,~CAtJ"I"mIZATION TASK FORCE:_
Consideration was given to Resolution No. 94-06 fA RESOLUTION
PROVIDING FOR THE APPQINTMENT OF MEMBERS TO TilE YMCA UTILIZATION
TASKFORCE) .
A motion was made by Council Member Fogler, seconded by Council
Member Lewis to ap,prove Resolution No. 94-06.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Pro Tem Rushing, Council Members
Fogler, Lewis and McCandless
None
Mayor Watson
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City Council Regular Session, April 25, 1994
RESOLtTrION APPOrnTING MEMBER TO THE SENIOR SERVICES BOARD:
Consideration was given to Resolution No. 94-07 (A RESOLUTION
PROVIDING FOR THE APPOINTMENT OF A MEMBER TO THE SENIOR SERVICES
BOARD) .
A motion was made by Council Member McCandless, seconded by
Council Member Fogler to approve Resolution No. 94-07.
The motion was voted on with the following result: ,
Voting Aye:
Mayor Pro Tem Rushing, Council Members
Fogler, Lewis and McCandless
None
Mayor Watson
Voting Nay:
Absent: '
1994 ,BUDGET AMENDMENT:
Consideration was given to the first and final reading of
Ordinance No. 1481.
Copies of Ordinance No. 1481, in the form required for adoption,
were available to all members of the City Council.
Mayor Pro-Tem read the caption of Ordinance No. 1481 as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 1470 WHICH APPROVED THE
BUDGET OF THE CITY OF WEST UNIVERSITY PLACE FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 1994 AND ADOPTED ON NOVEMBER 8, 1993;
CONTAINING F!NDINGSAND PROVISIONS RELATING TO THE SUBJECT; AND
DECLARING AN EMERGENCY) .
Chris Taylor, Finance Director stated that the ordinance would
transfer funds from the City Council's capital improvement budget
to the Parks Division in order to purchase the lot at Colonial
Park. The capital improvement budget contains funds set aside
for Community Building rehabilitation, Public Works Annex
rehabilitation, the Colonial Park bubble and Weir Park
improvements. If additiorral funds are needed at the end of the
year to complete these projects, then funds will be transferred
from reserves at that time.
A motion was made by Council Member McCandless, seconded by
Council Member Lewis, to approve Ordinance No. 1481.
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The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Pro Tem Rushing, Council Members
Fogler, Lewis and McCandless
None
Mayor Watson
EMERcmN'CY F.T"Rl""mTCALRRPATR~ aT ("OT .tTh1T~T.'P~'D'R".
Consideration was given to emergency electrical repairs at ,the
Colonial Park Swimming Pool.
The emergency repairs are to replace electrical instaliations
which do not meet code requirements.
The following quotes were received to perform the electrical work
needed:
Bidder
Quote
$10,753.31
$ 9,959.00
$ 9,800.00
Rulon Electric
Sones Electrical Inc.
Resco Electric
,Funds were not budgeted for this emergency measure; however,
money could be expended from the $105,000 approved for the pool
bubble and blower replacement.
A motion was made by Council Member Fogler,seconded:byCouncil
Member McCandless, to declare an emergency, appropriate funds
from the capital improvements budget for the emergency electrical
repairs at Colonial Park and award the bid to Resco Electric in
the amount of $9,800.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Pro TemRushing, Council Members
Fogler, Lewis and McCandless
None
Mayor Watson
INTERLOCAL Af.mF.RMF.t\l'1'" FOR ,POLICE PROTEcrTON:
Consideration was given to an Interlocal Agreement with Harris
County, its cities and school districts for police protection.
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City Council Regular Session, April 25, 1994
Police Chief, Steve Griffith, stated that this agreement was to
replace the Interlocal Agreement which has expired. He stated
that the Mutual Aid Agreement is still in effect. The Interlocal
Agreement is a separate agreemehtwhich differentiates on how the
assistance will be rendered, who is responsible for the
individuals involved, and how the materials/equipment will be
utilized.
A motion was made by Council Member Lewis, seconded by Council
Member McCandless, to approve the Interlocal,Agreement for police
protection with Harris County, its cities and school districts.
The motion was voted On with the following result:
Voting Aye:
Mayor Pro Tem Rushing, Council Members
Fogler, Lewis and McCandless
None
Mayor Watson
Voting Nay:
Absent:
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ENGAGEMENT OF, LANDSCAPE .ARCHITECT:
Consideration will be given to the engagement of Stanger &
Associates for $13,580 to design Wier Park improvements.
Parks and Recreation Director, Mark Mailes, stated that the City
has accrued $88,000 ihthe bu.dget,with an additional $50,000
donation from The Friends of West University Place Parks Fund
Board for this project. Hesta1:edthat Stanger & Associates has
provided services in the design and ,construction of Souths ide
Fire Truckl?ark and the new West trniversityElementary
playground.
Louise Jones, a resident at 4143 Amherst, stated that she would
like to see more equipment at the Milton street Park.
Mr. Mailes stated that the Parks Board will be presenting their
recommendation for Phase 2 of the Milton Street Park before the
City Council in the near future. Phase 2 includes playground
equipment for the Park.
Mayor Pro Tem Rushing stated that the situation was a "case of
priorities". The City is improving the parks on the basis of
which park has the greatest need for improvement at the current
time.
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Michael Dewey, a resident at 2705 Amherst, stated that he felt
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City Council Regular Session, April 25, 199.4
the City should take an undeveloped park and develop it so that
people would utilize all of the parks.
Odette Mace, ,a member of the Parks Board, stated that equipment
for the Milton Street Park should be installed by the end of the
year. The equipment at Wier Park is Old and needs to be
replaced.
Mayor Pro Tem Rushing commended the w()rkofthe Parks Board and
,The Friends of W~st University Place' Parks for their work.
Council Member Fogler asked Mr. Stanger to explain the
"reimbursable expenses" clause.
Mr. Stanger repliedtl1at the reimbursable expenses usually
include printing, x~roxing and some film development.
Council Memberpogler asked Mr. Stanger if h~had reviewed the
plans prepared by Tapley-Lunow.
Mr. Stanger stated that he had a copy of those plans in his
office.
Amotion was made by CQuncilMemberMcCandless,seconded by
CouncilMemb~rFQgler toengag~ Stang~r & Associates in the
amount of $13,580 to design the Wier Park improvements.
The motion was voted on with the following result:
Voting Aye:
MayorProTem Rushing, Council Members
Fogler, Lewis and McCandless
None
Mayor Watson
Voting Nay:
Absent: '
BIDS FQR, TREE PRESERVATION:
Consideration was given to bids received April 7, 1994 for
Priority Area 2- (College/Oberlin) tree preservation performed
prior to reconstruction.
Ed Menville, Public Works Director, stated that the work is
intended to proceed the reconstruction of the .infrastructure
the College/Oberlin area and would prepare the trees for the
impact of the construction.
in
The following bids were received:
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City Council Regular. Session, April 25, 1994,
Bidder
Price
Arbor Care, Inc.
Davey Tree
Texas Landscapers
Trees, Inc.
$37,825.15,
$34,365.00
$17,985.04
$15,558.00
A motion was made by Council Member Fogler, seconded by Council
Member McCandless, to award the bid for pre-treatment of trees in
Priority Area :2 to Trees, Inc. in the amount of $15,558.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent: -
Mayor Pro Tem Rushing, Council Members
Fogler, Lewis and McCandless
None
Mayor Watson
BIDS, FOR BELT PRESS REPAIR:
Consideration was given to hids received April 7, 1994 for the
,repair of a belt press (it the sewage treatment plant.
Mr. Menville stated that this was an emergency item and will
require a transfer of funds.
The following bids were received:
Bidder
Price
Ranger conveying and Supply Co.
Ashbrook Corporation
$71,670
$34,870
A motion was made by Council Member McCandless, seconded by
Council Member Lewis to award the belt press repair bid to the
Ashbrook Corporation, in the amount of $34,870 with an
appropriat;i.on of funds for the expenditure.
The motion was voted on with the following result:
Voting Aye:
Mayor Pro Tem Rushing, Council Members
Fogler, Lewis and McCandless
None
Mayor Watson
Voting Nay:,
Absent:
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City Council Regular Session, April 25,1994
BIDS FOR PRIORITY, AREA 2 RECONSTRUCTION:
Consideration was given to bids received April 14, 1994 for
Priority Area 2 (College/Oberlin) reconstruction.
The following bids were received:
Bidder
Pr;C'e
Jalco, Inc.
Bearden Contracting Company
Whitelak, Inc.
Harris Construction Company
Kinsel Industries
Brown & Root
$8,076,349.50
$5,798,332.00
$5,484,503.50
$5,209,474.20
$4,935,672.55
$4,746,608.90
Mayor Pro Tem Rushing stated to the Brown & Root representatives
present, that he had a problem with their bid because they
knowingly submitted a bid to the City without following
specifications.
Mr. Menville stated that prior to the bid opening, the City had
an "in~depthdi$cussion" with Brown & Rootreg~rding the issue of
indemnity insurance. The City decid~dtoleavethe
specifiGationsas originally written. Brown & Root was notified
of tnis decision and they still limited (or capped) their
liability insurance on their bid. . None of the other bidders on
the project limited (or capped) their liability insurance.
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Council Member Lewis asked the Brown & Root representatives why
they chose not to bid the project as specified by the City. She
also asked how their bid would have been impacted had they bid
according to the specifications.
A Brown & Root representative stated that it was done to protect
their company"'s assets and their shareholders. As a matter of
corporate policy and practice, Brown & Root finds it difficult to
assume liability for the entire negligence or sole negligence of
the City. He stated that Brown & Root would not have bid the
project, if they were not allowed to make exception to the bid.
Council Member Lewis asked the City Attorney if the City was
asking bidders to absorb liability or damages which they were not
responsible.
City Attorney, Jim Dougherty, stated that there is a trend in
which some cities are setting limits (or caps) on liability in
order to solicit 'more bids; however, he stated that in the
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City Council Regular,Session, April 25, 1994
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situation with Brown & Root, there was not adequate time to
evaluate the City's policy and bid the project at the same time.
The City's policy on liability requirements should be reviewed in
the future.
Council Member McCandless stated that he felt the City did not
have enough time on this project to negotiate with Brown & Root
regarding'this issue. He stated that he supported accepting the
second lowest bid from Kinsel Industries for this project.
A representative of Kinsel Industries, who was present during the
meeting, stated that during the mandatory Pre-bid Conference, the
City made clear what the insurance and indemnification
requirements were on the project.
Dieter Ufer, Consulting City Engineer (Langford Engineering) ,
stated that the City received a facsimile on April 11, 1994 from
Brown & Root asking for the insurance and indemnification
requirements to be changed . , Mr. Uferstated that he and the
Public Works Director met with Brown & Root representatives on
April 12, 1994 to discuss, at length about the issue. Mr. Ufer
stated that he and the 'Public Works Director made the decision to
have bi9ders adhere to the original insurance and indemnification
requirements in the bid specifications.
The Brown & Root representatives stated that their company's bid
would save the City approximately $189, 000. The repres~~atives
appealed to the City Attorney to review the City's insuta'bce and
indemnification requirements to make them "fair for all
contractors".
Amotion was made by Council Member McCandless, seconded by
Council Member Fogle:tto award the Priority Area 2 reconstruction
bid to Kinsel Indust:ties(second lowest bidder) in the amount of
$4,935,67:2.55.
The motion was voted on with the following result:
Voting Aye:
Mayor Pro Tem Rushing, Council Members
Fogler, Lewis and McCandless
None
Mayor Watson
Voting Nay:
Absent:
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City Council Regular Session, April 25, 1994
CITY ,COUNCIL ~".1'.lNG, MINUTES:
Consideration was given to the minutes of the following City
Council meetings:
(a) Workshop Session conducted on March 14, 1994
(b) Resular Session conduct~d on .Marqh 14, 1994
(c) Workshop Session conducted on March 20, 1994
A motion was ,made by council Member Lewis"seconded by Council
Member McCangless tOetpprove the minutes for the Workshop Session
and Regular Session on March 14, 1994 and the Workshop.SessiGn on
March 20, 1994 as presented.
The motion was votedQn with the following result:
Voting Aye:
Mayor ProTem Rushing, Council Members
Fogler, Lewis and McCandless
None
Mayor Watson
Voting Nay:
Absent:
COUNCIL. .'COMMENTS:
Council Member Lewis thanked the Ci tyManager and Police Chief
for the success of Public Safety Day.
Council Member Fogler commented that her neighbor, Mr. McDaniel
(91 years old) passed away. She stated that he would be dearly
missed by her family and by other neighbors in the area.
Mayor p~o TemRushing thanked resigning Senior Services Board
Member Dottie Shaw for her service to the City.
,ADJOURNMENT:
Amotion was made by Cquncil Member Lewis, seconded by Council
Member Mccandless to adjourn to the workshop, session. The
regular session adjourned at 8:46 p.m.
Tom Rushing
Mayor Pro Tern
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City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, MAY 2, 1994
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 2, 1994, with the
following members present: Mayor Watson presiding, Council
Members Rushing, and McCandless. The City Manager, City
Secretary, city Attorney, Public Works Director, Parks and
Recreation Director and Building Official were also present.
Council Member Lewis was absent.
n:nur.'f\J'l"'JinCHARTER REVIEW c.'OMfu"l.-J.'~:
The City Council discussed proposed charter amendments with the
Chairman and members of the Advanced Charter Review Committee.
Bob Higley, Chairman of the Advanced Charter Review Committee,
stated'thathis position was not one of advoca:tingany specific
position but one of arbitrator or mediator . Mr,. Higley presented
the proposed charter amendments arranged and listed by ballot
proposition. Amendment #1 addresses,proposed changes for
electionsan.d elect,ed o'fficers. Amendment #2 refers to the
relationship in the administration of the City. Amendment #3 is
a mandatorycQmpliance with state law. '
Mr.. Higley statedth.atthe Committee needed some guidance and
confirmat;ion from the City Council as to what amendments they
would liket'osupportand present to the voters in the City .
The Advanced Charter Review Committee proposed that the Elected
Officials in the City be increased to six council members,
elected by nu.mbered place, fora four year terrn,.and one
consecutive term limit. The Mayor would have a two year term,
limited to two consecutive terms plus one as council member. The
elections would be everyodd'-numbered year with staggered council
terms.
'Mr. Higley stated that the Committee would like to have staggered
council terms even if it means keeping two year terms and having
annual elections.
Mr. Higley stated that Amendment #2 would make the City Manager
head of the chain of command even to the extent that the ,City
Secretary would be accountable to the City Manager. Excluded
from the chain of command would be the Municipal Court officers,
prosecutors' and attorneys, and boards, commissions and
committees. The chain of command would be unbroken from one
department chief to the City Manager. Mr. Higley commented that
the City Secretary reporting to the City Manager would be a major'
J,/l:. ~. 'Jill
City Council Workshop Session, May 2, 1994
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change and should be considered carefully by the City Council.
Mayor Watson asked Mr. Higley why he suggested the change or if
he was recommending the change.
Mr. Higley stated that the broad debate in the !Committee has been
whether the City Manager should bein'controlor whether the City
Council should have the power to intervene and ,have some input in
to who iathe head of the departments . Mr. Higley stated that it
has been suggested that a important contribution has been made by
the City Secretary and that is someone who has been kept back by
the City Council for years to control elections, handle affairs
of the Council and to act as somewhatof.a break or valve on the
conduct of the City Council and their relationship to the City
Manager. Mr. Higley stated that he can remember a time when
there was a change in City Manager has occurred where the
continuity and history was kept alive by the City Secretary.
Mr. Higley stated that.his personal c>pinion was that he liked the
chain aT command and he liked the idea of the City Secretary
staying on the side of the City Council.
Mayor Watson commented that if something was going wrong in the
chain of command that, the Council should be informed about, they
would be more likely to receive that" .informatidn by someone who
is not part of the chain of command. The Council would have an
ear within the City management that is responsible to them.
Council Member McCandless stated that he agreed that the City
Secretary should report to the City Council.
CouncilMemb~r Rushi~g inquired about the change in the chain of
command. He commented that he feLt the management of the City
worked fine the way it has always been.
Mr. Higley commelltedthatthe chain of command would make the
City Manager responsible and accountable for the departments and
how 'they work.
Mike Tanner ,.City Manager, stated that the chain of command would
take the politics out of the day to day operations. He felt this
is what theCounciljManager form of government is all about, to
provide stability and continuity. Mr. Tanner s:tated that he did
not have a problem with having an independent City Secretary.
Mr. cHigley stated that the Charter Review Committee is at the
point where they have done all the work they can do. They now
have the duty of getting people to the polls to vote.
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City Council Workshop Session, May 2, 1994
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Council Member Rushing stated that the charter needs to be
amended so that the City will have some continuity of the elected
officials. It will make the City better for everyone. The City
Manager spent the first year of this Council's term as an
educator.
The City Council agreed to support Amendment #1. In Amendment
#2, the City Secretary will be added to the list of exclusions
and report directly to the City Council. The City Council agreed
to support Amendment #3.
PLAYGROUND AGREEMENT AND IMPROVEMENTS:
The City Council considered a playground agreement and request
for improvements (Field lights) at the West University Elementary
School.
Ken Sparks, a member of theTri Sports Association, stated that
they have been meet.ing with -H. 1. S.D. negotiating the lease
agreement for the playground at the West University Elementary
School. He also stated that he got a formal notice from Wesley
West Interests to vacate the Brompton fields on or before May 16,
1994. A ten year lease at Pershing Middle School was just
signed.
Mr. Sparks stated that they needed to look into renegotiating the
lease before addressing the issue of seeking funds for lighting.
The H.I.S.D. lease is a five year lease with a 120 day notice
provision that they can give to terminat:e the lease. This is the
school district standard lease.
Jim Dougherty, City Attorney, stated that it is difficult to get
H.I.S.D. to change their policy. It is also difficult to make a
major expenditure, like lighting the fields, when you have a
short term lease. Mr. Dougherty stated that the lease expires in
June of this year.
Mr. Sparks requested that the City Council fund the lighting on
the fields beside the scout house.
Mayor Watson asked how the lights will affect those residents on
Rice.
Council Member McCandless stated that the fields are for the
younger children and will possibly be out by 9:00 p.m.
He added that he hoped with the possible purchase of the Y.M.C.A.
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City Council Workshop Session, May 2, 1994
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property, some of the problems with practice fields will be
eliminated.
Mr. Sparks presented plans for the recommended change in the
configuration of the ballfields.
Mr. T<1nner,stated that the Tri Sports,was asking the Council to
fund the lights and authorize the Staff to seek bids.
Mr. Sparks stated that he would speak with the individual
organizations and see if money can be raised to help with the
funding of the lights. He stated that his guess would possibly
be $2,500 apiece. A total of $5,000..
Council MeffiPer Rushing stated that the City will just be bidding
the project and later the Council will 'agree on funding.
A motion was made by Council'MemberMcCandless, seconded by
Council Member Rushing to authorize the City Staf.f to seek bids
for the 1 igb.tingof the West UniverfjityElementary School fields.
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Rushing and
McCandless
None
Council Members Eogler and Lewis
Voting Nay:
Absent:
ARCHITECTURAL STt;JDYOFCOMMtJNITY BUILDING:
The City Council considered the architectural study of the
Community BUild.ingand related matters.
Mark Mailes, Parks & Recreation Director, reminded the Council
that they had requested the Staff to seek other possible ideas to
extend the design of the Community Building.
Council Member Fogler arrived at 8:25 p.m.
Mr. Tanner stated that the Staff is suggesting possibly making
the additional space in the court yard for a Teen Center. The
area would give teenage children a place to go inside the City.
The cost will be approximately an additional $125,000 to 150,000.
Mr. Tanneraskecithe City Council if they had an interest in
adding the Teen Center and if so, would they authorize the
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City Council Workshop Session, May 2, 1994
architect to proceed with the design.
A motion was made by Council Member Rushing, seconded by Council
Member Fogler to authorize John Stone of Mitchell Carlson to
proceed with extending the design of the Community Building.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing, Fogler
and McCandless
None
Council Member Lewis
~AINPROPERTIES :
The City Council will consider matters relating to property
located at 4224 Bissonnet and 5715 Community Drive, in the City
of-West University Place; Houston, Texas 77005, including:
applicable regUlations, laws, rules and ordinances, occupancy and
land use :ordinances, counsel for the City, duties of Building
Official and other City officers andemployeeR,litigation
regarding same and related aspects.
'Closed Executive Session to be held under Section 551.071,
551.074 and 551.075 ,Texas Government Code.
The City Council convened in Executive Session at 8:50 p.m.
Members .of the Ci-ty Council were present during the Executive
Session along with the City Manager, City Attorney, and Building
Official.
The Executive Session adjourned at 10:10 p.m. and reconvened in
open session.
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 Rushing to adjourn. The meeting adjourned at
10:11 p.m.
Bill Watson
Mayor
KaylynnHolloway
City Secretary
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CITY, COUNCIL WORKSHOP SESSION
MONDAY I MAY 9 I 1994
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 9, 1994, with the
following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis, and McCandless. The City
Manager, City, secretary, City Attorney, Financ.e Director, Public
Works Director, Police Chief, Fire Chief, Parks and Recreation
Director and Building Official were also present.
APPOINTMENT TO ,ZONING & PLANNING COMMISSION :
The City Council .coIlvened in Executive Session held under Section
551.074, Texas Government Code at 6:40 p.m. to interview an
applicant for appointment to the Zoning &: planning Commission.
The City Council adjourned the Executive Session at 6:48 p.m. and
convened in open session.
Amotion was made by Council Member Fogler, seconded by Council
Member McCandLess to appoint Dan Doughty as a member of the
Zoning & Planning Commission.
The motion was voted on with the following result:
Voting Aye:
MayerWa.tson, Coundil Memb.ers Rushing,
Fogler, Lewis and' McCandless
None
None
Voting Nay:
Absent:
Aamm~ REVIEW:
The City Council reviewed the r~ar meeting agenda and
discussed items under consideratlon with the Staff.
PUBLIC ,HEARING:
The City Council discussed, conducting a public hearing relating
to the planning and design of improvements at wier Park.
The City Council set a Town Meeting to be held at Wier Park for
Sunday, June 5 at 5:00 p.m.
Mark Mailes, Parks & Recreation Director, and Odette Mace, a
member of the Parks Board, presented plans and design for
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City Council Workshop Session, May 9,1994
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improvements to Wier Park. Improvements to the Park will
include reducing the basketball court to half court, installation
of new playground equipment, picnic tables and benches and
installation of .anall-weathersafety surface for the tot area.
Mr. Mailes stated that the Parks Boa.rd would like to bury the
electrical wires above the tennis courts.
CounqilMember Lewis suggested that the tennis courts be
refurbished and new nets installed. She also felt that the
tennis courts should have limited access.
The City Council directed Mr. Mailesand the Parks Board to
proceed with the Wier Park improvement:s and to study the
possibility of improving the tennis courts.
Mayor Watson recessed the workshop session at 7:27 p.m. to
convene in regular session.
At 9:50 p.m., Mayor Watson reconvened the workShOp session with
the following present: Mayor Watson presiding; Council Members
Rushing, Fogler, Lewis, and McCandless. Staff members present
were the City Manager and City Secretary.
'--
EVALUATION OF STAFF:
'"
The Ci.tyCouncil convened in Executive Session held under Section
551.074, Texas Goyernment Code at 10:06 p.m. .toconsiderthe
",'evaluation of, specific member.s,of, ,the" Staff. (City'Manager, City
Secretary, Finance Director, Public Works Director, POlice Chief,
Fire Chief, Parks and Recreation Director) ..
The City Council adjoumed the Executive Session at 11: 46 p.m.
and convened in open session.
ADJOURNMENT:
With no further business to come before City Council at this
-time., ,a motion was made by council Member Lewis, secG>nded by
COUilcilMember Rushing to adjoum. The meeting adjoumed at
11:47 p.m.
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY' MAY 9, 1994
MuNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
The City Council convened in Regular Session in the Municipal
Building {3800 University Bouleva.rd)on May' 9,1994, with the
following members present: Mayor Watson presiding, Council Members
Rushing, Fogler, Lewis and Mccandless. The City Manager, City
Secretary, City Attorney, Finance Director, Public Works Director,
Police chief, Fire Chief and Parks and Recreation Director were
also present. Mayor Watson del~vered the invocation and Council
Member Lewis led the Pledge of Allegiance.
PUBLIC HEARING:
The purpose of the hearing was to provide an opportUnity for
parties in interest and citizens to be heard in relation to the
relocation of Lift Stations Nos. 2 and 12.
Public Works Director Ed Menville made a slide presentation which
gaye the individualspreseIlt, a general summary describing lift
stations (including Nos . 2 and 12') .
Finance Director Chris Taylor presented a property value schedule
which compared properties affected by "Lift Station No. 2 versus
other similar properties. '
Mayor Watson invited residents who wished to address the City
Council to come forward as their names were called.
Barbara Carlson, a resident at 3130 Albans,and owner of the
property at 6424 Community, distributed copies of the original
pebition signed by homeowne1::"'swho 'are ,opposed to the lift station
being located on the (;::orner' of Byron and Conununity. She stated
that as a homeowner, she l.lllderstooo.that if a lift station was to
be located near her property, it would be 30 feet from the garage
or 35 feet from the residence. If the lift station was to be
located at Colonial Park, it would be at a minimum of 120 feet
from any property. Ms. Carlson stated that the petition signers
felt that a lift station in ,a "park-like setting" would be less of
an "eyesorell to people. She added that in the State of Texas,
market value is defined as the amou.nta willing buyer and a
willing seller will negotiate to pay for property. She said that
once a buyer is informed of the fact that a lift station is put
right next to it, she felt the Property value would be
depreciated. She asked the City Council to reconsider putting the
lift station at Byron and Community.
Russell Hancock, a resident at 6424 Community, stated that he was
opposed to locating the proposed new sewage lift station on
Community Drive. Property values on Community Drive are already
29. '"~
City Council Regular Session, May 9, 1994
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negatively impacted by the railroad track behind the properties.
Local residents are doing all they can to improve things in the
area. If the lift station is placed on Community, it will work
against allt~heire:t:fortsto make things better in the
neighborhood. Mr. Hancock asked the City Council to put the lift
station in colonial Park and save $80,000 on the total estimated
project.
Dick Ayres, a resident of 2723 University Blvd., stated that
sewers are the one utility-which has to make "maximum use of
gravity". The lift station should be locat~dwhere, hopefully,
the sewer line is big enough to bring the e.ffluent to the lift
station and then be able to pump it. The land in West University
Place is fla"t and there is no elevation to give sewage the natural
ability to flow, other than the size of the pipe. He complimented
the eIlgineer:j.ng capability of the City Staff. Mr. Ayres stated
that putting a lift station anywhere, except, ,where it will
provide the ~aximumbenefit for the minimum amount of capital,
would be an injustice. . The liftstationf!houlci be placed where
the "best operating conditions II exist. He commented that size,
looks and odor could be controlled to a certain extent.
Bill Macha, a resident of 4140 Case, stated that he did not agree
with the figures as described in the Public Works Director's slide
presentation. Mr. Macha stated that no one wOl.lldconsent'to
having a lift station next to their house orin the park. The
City Council', should decide on the location of the lift station
that is in the "best interest of the community". He asked the
C.ouncilton.ot put the lift station at Colonial Park.
Mayor Watson commented that Lift Station No. 2,was not necessarily
going to move. An additional lift stationueeds to be installed
due to the sewage problem in the southwest part of the city. He
stated that some of the residents near:LiftSt'ationNo. 2 had
suggested'cornbiningLif:t Station No. 2 with the proposed
additional l.iftstation. He stated that the City Council would
ultitnatelymakethedecision;however ,:the purpose of the Public
Hearin,gwas to solicit citizen impute
Bob Semands,a resident of 4039 Swarthmore, stated that he
sympathized with the residents on Byron. He stated that he
thought Colonial Park should be the best parkin the entire City
but instead he felt the Park was "treated like a step-,childll. Mr.
Semands stated that he was opposed to placing lift station in
Colonial Park. He commented that he felt .all citizens of the City
should have been notified about the lift station, since all
citizens have the opportunity to enjoy the park facility.
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City Council Regular Session, May 9, 1994
Harrold Yarger, a resident of 4230 Byron, stated that he opposed
the location of the lift station at the end of Byron. He stated
that he had difficulty evaluating the cost the the lift stations
because of the manner in which it was presented. He asked that
the City Council receive an "independent opinion" on the issue.
Marsha Abramovich, a resident of 4208 Case, stated that she did
not feel the Colonial Park location would "serve the greater
good". The City has a significant investment in Colonial Park as
a public place to enhance the quality of life for West University
residents. She stated that putting a lift station in Colonial
Park would diminish the value of property for all West University
residents. She stated that there is a problem in the Cblonial
Park area with drainage and flooding. She commented that putting
a lift station there would make her nervous about sewage flooding
and not just rainwater flooding.
Tom Beck, a resident of 4203 Swarthmore, stated that he would like
to analyze the cost of the lift station and does not recommend
placing the lift station in Colonial Park.
Maria Beck, a resident of 4203 Swarthmore, stated that she is
concerned about how the lift station would affect the current
problem of flooding. Mrs. Beck stated she would like to seethe
detailed costs of moving the lift station. She asked that, in the
future, more residents should be notified in a timely manner.
Toni Moreno, a resident/oI 4106 Case, stated that she was opposed
to putting the lift station in Colonial Park.
Saul Rodriquez, a resident of 4124 Case, stated that he was
opposed to putting the lift station in Colonial Pa~k.
John Frank, a resident of 4110 Case, stated that the Byron
location was adequate in accomodating the lift station. He also
asked the Council to leave lift station No. 2 as is.
John Danna, a resident of 4204 BYron, stated that Colonial Park
was not a good location for a lift station. He commented that the
engineering plan should not have been changed in the first place.
Mayor Watson stated that in the original engineering plan, the
lift station would have been placed in Colonial Park. ge said
that a previous administration decided against that location.
Larry Massey, a resident of 6410 Community, stated that wherever
the lift station is located, the residents in the area should get
together and pursue the idea of using landscaping to cover the
lift station general view. He commented that this was done at the
lift station on Nottingham and the landscaping made the location
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City Council Regular Session, May 9, 1994
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pleasing to look at.
ArthurL. Hirdler, a resident of 6416 Comfn.uhity, distributed to
the City Council a cost proJection ,he completed with the
information at -his disposal. Mr. Hi rdl er stated that he felt the
lift station should be put at the east end of Colonial Park. He
s,tated that in his cost projection, there would be a 10% property
value decrease for homes contiguoustoa lift station. Hefelt
thatal.lcitizenssholl.ld share.inthe.costofplacing a lift
station in the Park. Mr. Hirdler-also distributed to City Council
a petition supporting the placetnent 6f a lift station in Colonial
Park. -
Richard Fish, a resident at 4021 Case, st-atedthat he IS opposed
to putting a lift station at Colonial Park. He supported making
Colonial 'Parka first-class place for kids and adults to enjoy.
Marvin Jetton, a resident at 4004 Swarthmore stated that he has
lived for 32 years next door to Lift Station No . 2.. He commented
that he can agree with the displeasure of ,having a l,ift station
next door or ina park; however, he said that it is a necessity.
He stated that if moving the lift station was cost efficient, he
would support the move. The property values in the area would
increase with the removal of the lift station.
Al McWilliams, a resident of 4108 Case, stated that he supported
putting the lift station at the Byron location.
Dr. Nancy Gray, a resident of 4102Case,s'tated that she was
opposed to putting the lift station in Colonial Park. She stated
that she supported a "risk assessment" being performed as to the
cost and the risks associated with relocating the lift station.
Sharon Itaya, a resident of 4220 Byron, stated that the northwest
corner of Colonial Park is the "least Utilized area of the whole
park" .
Howard Paylett, a resident of 41:28 Case, stated that he is a real
estate appra;iser and developer. The lift station would have to be
between 30-36 inches above -the curb. Mr. Paylett stated that the
City council should accept full responsiblity for any consequences
created as a result of a decision to locate the lift station in
Colonial Park.
Stephanie Kisner, a resident at 4224 Case, stated that one of the
reasons she and her husband moved to West University place was
because of Colonial Park. She stated that she is opposed to
locating the 'lift station in Colonial Park partly because they are
expecting a child and do not want to expose their child to odors
and other unpleasantness as a result frotn a lift station in the
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City Council Regular Session, May 9, 1994
Park.
Karen Hanson Flowers, a resident at 4202 Case, stated she
seriously objects to the placement of the lift station in Colonial
Park due to the fact that she has a small child. She commented
that she lives across from Colonial Park and no longer has acess
to the Park because of the chain-link fence. Mrs. Flowers stated
that flooding is a serious problem in the area also.
MoLl.yBrown, a resident at 6340 community, stated that she is
opposed to the location of the lift station at the Community Drive
location. She commented that putting the lift station in the Park
is an "unpleasant thought"; however, she felt it is unfair to ask
a few citizens to bear the burden of having a lift stat'ion near
their home.
Gerald Pels, a ,resident of 4223 Case, stated that he is opposed to
placing the lift static:m in Colonial Park. He stated that
exposure to waste from the lift station is the most significant
reason not to place'the lift station in the Park.
Jack Randbrf, a resident of 4235 Case, stated that his home is in
the middle of poth locations suggested for the lift station.' He
commented that regardless of where the lift station goes, it will
cost money to control such things as odor and noise.
PROCLAMATIONRELATING"TO ARBOR DAY:
Considerationwa,s given to a proclama'ti()n~ declaring May 14, 1994
asAroor Day in the City of West University Place.
, .
NesTesno, Urban Forester, stated that the Staff wanted to observe
Arbor Day during parkfes.t. She reported that a representative
front the Te:x:as Forest Service would present the TreeCi ty U.S.A.
Award and Growth Award to the Mayor.
Mayor Watson made the follow:i:.ngstatement as a brief reading of---
the proclamation: "We will declare that May 14, 1994 is Arbor Day
in the City of West University Place. I personally urge all
citizens to celebrate Arbor Day to support efforts to protect our
trees and woodlands and further urge all citizens to plant trees
to gladden the heart and,promote the well-being of this and future
generations II .
A motion was made by Council Member Fogler, seconded by Council
Member Lewis to approve the proclamation declaring May 14, 1994 as
Arbor Day in the City of West University Place. '
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City Council Regular Session, May 9, 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:
~A~',BF.'1WF.F.N'HARRISCOTlNTY 'AND 'WF.~T TTh1'TVJi:R~Trrv
PLACE: '
Consideration was given to anagreement.with Harris County to
assis,t in the development of parks in West University Place.
Mark Mailes,Parks and, Recreation Director, stated that the
agreement between the City and Harris County is one in which the
County wishes to donate $10,OOO'tobenefit the City's parks.
Council.Member Rushing requested an official document of
appreciation to Harris County for the,donation.
Council ;Member Rushing inquired aboutwh~therthere were
conditions as part of the County's donation to the City.
Mr. Mailes stated that there were no conditions.
A motion was made by Council Member Lewis,~econded by CoUncil
MemberF'ogler to approve the Interlocal.Agreement between Harris
county and West Universi'tyPlace.
'The motion was voted on with the following result:
Voting Aye:
Mayor Wa'tson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
Voting Nay:
Absent: .
ENGAGEMENT OF ,ENGINEERING CONSULTANT:
Consideration was given to a proposal submitted by Fugro-
McClelland Environmental, Tnc.to supervise the installation of
groundwater wells and methane monitoring systems at the City'S
landfill (9610 Ruffino Road) .
Mike Tanner, City Manager, stated that the City was not required
to take formal bids for this service since the retention of a
professional engineering firm was being requested.
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City Council Regular Session, May 9, 1994
Mr. Menville stated that the Staff was requesting the retention of
a professional engineering firm to monitor groundwater well
installations as a result of requirements set by the Texas Natural
Resources Conservation Commission(T .;N. R. C. C.). This is related
to final closure of the City's landfill.
A motion was made by Council Member McCandless, seconded by
Council Member Lewis to retain the services of Fugro-McClelland
Environmental, Inc. to supervise the installation, of groundwater
wells and methane monitoring systems at the City landfill (9610
Ruffino Road) in the amount of $34,500.00.
Mayor Watson inquired as to the budgetary source from which Fugro-
McClelland Environmental, J:nc.wouldbe paid for-their 'services.
The City MaIlager stated that the money would be taken from the
General Fund Reserve. He stated that 'Solid waste management was a
GeIleralFunditem.
The Public Works Director introduced Mr. Rocky Stevenson (General
Project Manager)of Fugro~McClelland Environmental, Inc. and stated
that he would answer any questioIls that City Council had about the
project.
Mayor Watson requested a brief summary of the work Mr. Stevenflon's
company would perform.
Mr. Stevenson stated that hiscompany.previou$lycompletedthe
GI."oundwaterCharacterizatioIl$tudyatthe :Landfill and made
r~commendatioIlS on the-monitoring well locations in accordance
wi'th the T .N. R.C. C .'s request. lIe reportedtha:tthe T.N. R. C . C .
approvedthere.comtnended 'loca:tionsandthe. ne:x:t s.te.pwas to '
install the ,monitoring wells and ibegintheactualmonitoring of
the wells. The'I'.N.R.C.C. reduced Fugro-McClelland's
recommendation of 8 wells to 7 wells . He st:.atedth:atthe wells,
once insb1l1e.d,wouldbe mohitoredfor a period of five years.
Mr. Stevenson also stated that his company would conduct methane
monitoring in accordance with T.N.R.C.C. requirements.
Council Member Rushing asked Mr. $tevenson if many other cities
were faced with this same situation.
Mr. ,Stevenson replied that many cities were in the ,same situation.
He stated that the reason ,for the T.N.R.C.C. requirement for West
university Place was that the landfilL was Ilever completely
closed.
Mr. Menville stated that the City had a contract with Houston
Hills Corporation and they were in the process of final closure of
the landfill site.
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City Council Regular Session, May 9, 1994
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
ENGAGEMENT OF ,C01\t'S~TING URBAN, FORF.~'J'F.R.-
The City Council considered the engagement of a consulting urban
forester'to develop plans and specifications for the protection of
trees during Priority Area 3 (West Point/Villanova) ·
reconstruction.
Mr. Menvillestatedthat the same firm, Forestry Associates had
been retaine<it.operform the same service for priority Area 2 and
the City was very happy with the work they had. done;, He stated
that Forestry Associates worked well with the City Staff.
CouncilMemberLewisstatedthatsincepriQrity Area 2
reconstruction had not been started, the City was not in a
positiontodetermJ.newhether or not the ,work performed by
Forest,ry Associates to date Was "really effective in terms of the
progress of the job". She asked if the staff was c.onvincedthat
the work performed by Forestry Associates would, in fact,
"expeditetheproce$s>andma:ke it easier".
Mr. MenvillestatedthattheStaff was comfortable with Forestry
Associates. He stated that one of the best indicators was during
the pre-bid and ,pre-construction proceSS, itwas~ade quite clear
as to what waS expected of the contractOr.
Council Membel:" Fogler inquired as to 'whether or not people in the
affected areas were aware of what steps theCi'ty was taking with
regard to tree protection.
Mr. Menvillestatedthat the residents in the affected areas were
sent substantial notices. The City sent out over 300 notices and
received 12 responses.
The City Manager stated that the Staff "had gone the extra mile"
and he believed that if the situation reaches a "crisis point",
people will feel that the City did something additional than what
was done in the Charlotte/Lake Area. He stated that all the City
could do was to try to address the concerns raised by affected
residents.
A motion was made by Council Member Rushing, seconded by Council
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City Council Regular Session, May 9, 1994
Member Fogler to accept the recommendation to retain the services
of Forestry Associates to develop plans and specifications for the
protection of trees during Priority Area 3 (West Point/Villanova)
reconstruction in the amount of $31,650.00.
The motion was voted 011 with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
BIDS FORPURCB:ASEAND INSTALLATION OF SUPERVISORY CONTROL AND
DATA ACQUISITION SYSTEM (S. C .A. D .A. ) :
Consideration was givell to bids received April 28, 1994 for the
,purchase and installation of Supervisory Control and Data
Acquisition System (S.C.A.D.A) at the Public Works Water Plant
facilities.
The following bids were received:
Bidder
Unit Price
Autocon Industries
Pheiffer & Sons, Inc.
W.W. payton Corp.
$128,890
$154,000
$161,000
Mr. Menvillestated that the sYf?temwould enable the Staff to
monitor all functions of the Water Plants from a central location
and effectivelymanag,ethe80120 ratio for surface to ground water
splitmanda:tedby the Gulf Coast subsidence District. He stated
that funds would need to be transferred to cover the additional ~
expense in the amount of $l8,890from the Utility Reserve Fund.
A motioll was made by Council Member Rushing, seconded by Council
Member Lewis to accept the bid proposal of Autocon Industries in
the amount of $128,890 for the purchase and installation of
Supervisory Control and Data Acquisition System (S.C.A.D.A) at the
Public Works Water Plant facilities and to further amend. the
budget to include the transfer of $38,890 from the Utility Reserve
Fund for the complete payment of this bid.
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:
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City Council Regular Session, May 9, 1994
CITY ,COUNCIL MEETING MINUTES.:
Consideration was given to the minutes of the following City
Council meetings:
(a) Workshop Session conducted on March 28, 199
(b) Regular Session conducted on March 28, 1994
(c) Wo~kshop session conducted 9nApril :LO, 1994
A motion was made by Council Member
Member Lewis to approve the minutes
and r~gular sessions) and April 10,
presented.
Rushing, seconded by Council
of March 28, 1994 (workshop
1994 (workshop session) as
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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:
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Council Member Rushing commented that whatever location is deemed
best for the City to place the lift station in question, the
greatest advic:::e was to make it a "first class facility". He
stated ,that he felt that could be accomplished due to the
engineeringp.vailable.
Council Member' Rushing commented.that he was glad to see that
Forestry Associates looked forward to working with the Staff on
another proj~ct.
COllncilMember Fogler inquired about the flooding issue. She
asked if -the flooding problem would be corrected by the street
renovations.
The Con.sultin,g City Engineer, DieterUfer, stated that the
flooding which currently exists will continue to exist. He
commented that the City was not in charge of its "drainage
destiny". The areas which flood now, could have a 48 inch
drainage storm sewer installed to the nearest outfall sewer;
however, it would not alleviate the major storm flooding that
occurs in that area. The drainage improvements slated for
Priority Area 3 will not eliminate the flooding that is currently
going on.
Council Member Fogler asked Mr. Ufer if he was prepared, from an
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City Council Regular Session, May 9, 1994
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engineering standpoint, to tell the Council which location, Byron
or the northwest corner of Colonial Park, is a more suitable
location for the lift station.
Mr. Ufer stated that, from an engineering standpoint, the most
logical place for the lift station is the northwest corner of
Colonial Park which was the originally planned location in 1982.
He stated that he was instructed by a previous City Council to
look elsewhere for a lift station site for Priority Area 3.
Council Member McCandless stated that Colonial Park would be the
best place for the lift station.
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 9.:45 p.m.
Bill Watson
Mayor
Kaylynn HolJbway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, MAY 23, 1994
MONICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Workshop Session in the Municipal
Building (3800 University Boulevard) on May 23, 1994, with the
following members present: Mayor Watson presiding, Council
Members Rushing, Fogler, Lewis and McCandless. The City Manager,
City Secretary, City Attorney, Finance Director, Public Works'
Director, Deputy Public Works Director, Police Chief, Fire Chief,
Parks and Recrea.tion Director and Building Official were also
present.
AGENDAREVIE.W:
The City Council reviewed the regular meeting agenda and
discussed items under consideration with the Staff.
MATrERS RELATING ,'1'9,CABLEREGULATION:
i Chris Taylor, Finance Director, stated that the proposed
j Qrdinance allowed the Ci-tyto become certified by the FCC which
i would permit the opportunity now and in the future to regulate
cable in the City. I~theCity dOes not act now, it loses its
right to have the ability to perpetually regulate cable.
Mike Tanner, city Manager stated that if the ordinance did not
pass, then the ci~y would have to rely on assistance from the FCC
'and other regulatory-agencies. Mr. Tanner stated that the Staff
felt residents wanted the City to have some regulatory control
over basic rates.
TREE PRESERVATION:
The City Council discussed the Tree Preservation Ordinance,
enforcement and possible changes.
Joe Mayer, a resident at 378.5 Robinhood, spoke before the City
council on his frustration with the new tree ordinance and the
tree replacement requirement. Mr. Mayer stated that his
residence is covered under the previous ordinance.
Mr. Tanner summarized the controversy with Mr. Mayer as a
situation in which Mr. Mayer felt the replacement inches being
required of him were excessive under the new tree ordinance.
City Attorney, Jim Dougherty, informed City Council that due to
the date of Mr. Mayer'S tree disposition submission, Mr. Mayer
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City Council Workshop Session, May 23, 1994
was not covered under the new tree ordinance.
Mr. Mayer complained about the handling of the entire situation
by City staff and stated that'he felt he was treated
inappropriately by the Building and Inspections Division.
Mayor Watson asked the City Manager and Urban Forester to do what
they could to resolve the controversy.
Mayor Watsonrecess;ed the workshops;ession at 7:30p.m. to
convene in regular session.
At 8 :35 p.m., Mayor Watson reconvened the workshop sesl,don with
the' following present: Mayor Watson presiding, Council Members
Rushing , Fogler, Lewi.sand McCandless'. Staff members present
were the City Manager, City Secretary,. City Attorney, Public
Works Director, FinanceDirector,Police.Chief, Fire Chief,
Building Of.ficialandParks and Recreation Director .
WIER PARK lMPROVEMENTS:
The City Council considered the plan to improve Wier Park.
Mark Mailes,.Parks&Recreation Director, stated tha.t he ,the
ParksBoarda:nd,the park design architect have tried very hard to
retain the integrity of the Tapley plan. He stated that in his
opi1.'lion, mom~y 'was better s;pentonamenitiesfor the park than
keeping the park "pretty" .
The City .Council discussed the possibility'of redistributing the
$27,000 allocated for the II Tot Lot" surface.
Council Member Fogler stated that she felt the money allocated
for the surface of the "Tot Lot" should be used for additional
playground equipment.
Odette Mace, Parks Board Member, stated that she supported
burying utility lines and resurfacing'the tennis courts at a
la.ter date.
Mr. Mailes stated that at the very m:Ln1.mum, in the northwest
corner of the tennis court, a 2 inch part of the court has
settled and should be resurfaced (asphalt patch) to alleviate 'the
danger ofa tripping hazard.
Mayor Watson stated that he supported keeping the surface on the
IITot Lot", burying the utility lines and adding more equipment to
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City Council Workshop Session, May 23, 1994""
the play areas.
A motion was made by Council Member Lewis, seconded by Council
Member Rushing to authorized the Parks & Recreation Director to
redistribute the $27,000 designated for the surface of the Tot
Lot area.
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Member Rushing, Fogler;
Lewis and McCandless
None
None
Voting Nay:
Absent:
Mr. Mai.les statedthat.hesupported resurfacing the tennis
courts, spending an additional $5,000 on playground equipment,
and possibly designating some funds. for landscaping.
CERTAIN PROPERTIES :
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The City Council considered matters relating to property located
at 4224 Bissonnet and 5715 Community Drive, 'in the City of ,West
University Place; Houston, Texas 77005, including applicable
regulations"laws, rules and ordinances (includins- occupancy and
land use ordinances), counsel for the City, duties of Building
Official and other City offIcers and employees, litigation
regarding same and related aspects.
Closed Executive Session as authorized by Section 551.071,
551.074 and SS 1 .075, Texas Government Code.
The City Council convened in Executive Session at 8:57 p.m.
All members .of the City Council were present during the Executive
Session along with the City Manager, City Atto~ney, and Building
Official.
The Executive Session adjourned at 9:32 p.m. and reconvened in
open session.
The City Secretary rejoined the meeting during the open session.
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City Council Workshop Session, May 23, 1994
Staff.
Mr. Tanner stated that the Staff would make the changes requested
by the various Council Members and present a final draft, along
with>a budget at the next meeting for the City Council to
consider.
Y.M.C.A. APPRAISAL:
The City Council considered appral.sl.ngtheSouthwest Y.M.C.A.
property at 4210 Bellaire Boulevard.
Mr. Tanner stated that the Staff was recommending a real estate
appraisal of the property he performed by Luedemann & Associates.
The value of the property was not known at the present time. The
estimated cQst of the appraisal was $2,500-3,000, with $3,000
being the maximum amount to be charged.
A motion was made by Council Member Rushing, seconded by Council
Member McCandless to appropriate $3,000 for the engagement of
Luedemann & Associates to perform a real 'estate appraisal of the
Southwest Y.M.C.A. property at 4210 Bellaire Boulevard.
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The motion was voted on with the following result:
Voting ,Aye:
Voting Nay:
Absent:
Mayor Watson, Council MemPer Rushing, Fogler,
Lewis and McCandless
None
None
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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
10:00 p.m.
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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CITY,OOONCIL REGULAR SESS+ON
MONDAY, MAY 23, 1994
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 23, 1994, with the
following members present: Mayor Watson presiding, Council Members
Rushing, Fogler, Lewis and McCandless. The City Manager, City
Secretary, City Attorney, Finance Director, Public works Director,
Police Chief, Fire Chief and Parks and Recreation Director were
also present. Mayor Watson delivered the invocation and Council
Member McCandless led the Pledge of Allegiance.
CITIZENS WHO WISH TO BE HEARD:
Robert Whitman, a resident at 4103 Milton, requested that the
public hearings and election regarding the proposed Charter
amendments be postponed until the Fall of 1994. He stated that
most residents are busy with vacations and generally out of the
City for extended periods of time. He asked if it was possible to
reschedule such items.
Mayor Watson asked the City Attorney, ~im Dougherty, if the
election date was statutory.
Mr. Dougherty stated that the exact date was set by statute but
there was some discretion about the time of ,the year.
John Burns, a resident at 3114 Quenby, distributed photographs to
the City Council. The pictures depicted garbage which was put out
early during the Easter holiday weekend. Mr. Burns recommended
changing the ordinance to allow trash curb deposits no earlier
than 5:00 or 6:00 p.m. on the day before scheduled pickup. He
suggested having a grace period or "educational" period before
affecting penalties for putting trash out prior to the allowable
time. '
David Nesper, a resident at 4151 Swarthmore, distributed a
petition with approximately 200 signatures opposing the placement
of a lift station in Colonial Park. He stated that his group was
in favor of keeping lift stations out of Colonial Park due to
decreasing property values. The residents are trying to keep
their park areas for recreational purposes. Mr. Nesper also
addressed the issue of odor as a reason for not putting a lift
station in Colonial Park. He requested additional documentation
regarding cost savings and engineering plans.
Bob Kelly, a resident at 3720 Plumb, stated that lift stations are
a necessity. He stated that until a lift station is installed, no
one will have the ability to predict the odor it will emit. The
filtering systems start at approximately $25,000 and go up from
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City Council Regular Session, May 23, 1994
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there. Mr. Kelly stated that .regardless of where the lift station
is installed, odor will be a problem and will cost money to
alleviate.
Arthur Hirdler,ar~sident at 6416~ommtinit:.y, stated that he felt
the.bestalt.ernative was to have one lift station at. the east end
of Colonial Park. According to his calculations ,the affected
pr9pertieswould experience a 10%property.value decrease. He
stated.thathe is continuing to collect signatures on the petition
which he distributed at the May 9, 199"4 City Council meeting. Mr.
Hirdler stated that one of .the reasons he would like to see the
lift station put at.theeast end of Colonial ,Park is the odor
factor. Certain odors like hydrogen sulfide emitted from the lift
station could be hazardous to humans. '
Marsha Abramovich, a resident at 4208 Case, stated she was opposed
to locating a liftst~tion in Colonial Park. She stated,
according to the T.N.R.C.C. (TexasN'Citural Resource Conservation
Commission), lift stations should be located as remotely as
possible from populated areas. .
DOllg Dawson, a resident at '4152 Case,sta-tedthat. the City should
remeinber that there is an alternative .site for the lift station,
aside from Colonial Park. He stated that since such festivities
as Park Fest are held in Colonialpar:k,theCityshouldconsider
the number of people who enjoy the park facilities and support the
alternative lift station site. "
Ren:eeNespert a resident at 4151 Swarthmore," stated that she is in
favor of keeping lift stations out of.... Colonial Park. She' stated
that during construction and maintenance of the lif,t station,
traffic would be increased in the area..
GregF'underburk,aresidentat 4002 Case, stated that if the lift
station is put in COlonial Park, all residents had a opportunity
of being exposed to possible hazardous odors.
Robert Whitman, a resident at 4103 Milton, stated that putting the
lift.station in Colonial Park would create less danger because of
increased air movement.
Bob Semands, a resident at 4039 Swarthmore, stated that he
disagreed with Mr. Whitman's statement. He stated that the City
spent a lot of money to. acquire the land for Colonial Park. He
felt the community, at large,' was speaking to the City Council
through the pet.itions (opposing the Colonial Park site) which have
been signed by approximately '200 residents.
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John Danna, a resident at 4204 Byron, asked how lift stations were
funded.
Mike Tanner, City Manager, replied that lift stations used local
funds and bond proceeds.
Sylvia Newtson, a resident at 4119 Byron, stated that she did not
agree with putting the lift station in Colonial Park after all the
money which. has been spent for playground equipment, etc.
Mayor Watson stated that the lift station had to go somewhere. He
stated that the City Council would take all of the citizen
comments into consideration.
RESOLUTION APPOINTING MEMBER TO THE ZONING AND PLANNING
COMMISSION:
Consideration was given to Resolution No. 94-08 (A RESOLUTION
PROVIDING FOR THE APPOINTMENT OF A MEMBER TO THE ZONING AND
PLANNING COMMISSION) .
Mayor Watson stated that the Zoning and Planning Commission has
one vacancy and that Danny L. Doughty has expressed his desire to
serve on the Commission.
A motion was made by Council Member Rushing, seconded by Council
Member McCandless to approve Resolution No. 94-08.
The motion was voted on with the following result:
Voting ~ye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing,
Fogler, Lewis and McCandless
None
None
CABLE REGOLATION ORDINANCE:
Consideration was given to the first and final reading of
Ordinance No. 1480.
Mayor Watson ,read the caption of Ordinance No. 1480 as follows:
AN ORDIN]rnCE RELATING TO CABLE TELEVISION; ADOPT"ING REGULATIONS
FOR RATES AND SERVICES; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL
AND PRESCRIBING A PENALTY; CONTAINING FINDINGS AND OTHER
PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY) .
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City Council Regular Session, May 23, 1994
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Chris Taylor, Finance Director, stated that the ordinance would
allow the City to become a regulatory body over cable rights. The
City will be certified to regular basic cable service. The cable
company will be required to submit the appropriate financial
information to the City justifying their current rates. Action by
the City will be determined on Warner Cable Company's current
rates as compared to the FCC's benchmark rate. TheCity's
regulatory powers will apply to the basic cable tier (basic cable
channels) .
Copies of Ordinance No. 1480, 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 adbptOrdinance No. 1480 on the first 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
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TAXREFOND :
Consideration was given to 1993 ad valorem tax refund.
The Property'Tax Code (Section 31:11) requires approval by City
Council of refunds that exceed $500.00. The refund to Title
Agency of Houston, Inc. (on behalf of Mabel Jackson) is a result
of an overpayment made of the account.
A motion was made by Council Member Lewis, seconded by Council
Member Rushing to approve ,the 1993 ad valorem tax refund in the
amount of $530.13 to Title Agency of Houston, Inc. (on behalf of
Mabel Jackson).
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:
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City Council Regular Session, May 23, 1994
CITY COUNCIL MEETING MINUTES:
Consideration was given to the minutes of the following City
Council meetings:
(a) Workshop Session conducted on April 11,1994
(b) Regular Session conducted on April 11, 1994
A motion was made by COllncilMember Rushing, seconded by Council
Member Lewis to approve the minutes of April 11, 1994 (workshop
and regular sessions)as presented.
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:
A motion was made by Council Member Lewis~ seconded by Council
MerOberMcCandlessto adjourn to the workshop session. The regular
sess.ion adjourned at 8:30 p.m.
Bill watson
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL PUBLIC HEARING
SUNDAY, JUNE 5, 1994
WEIR PARK
SUNSET AND BELMONT STREETS
5:,00 P.M.
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The City Council held a public hearing in Weir Park on June 5,
1994, with the following members present: Mayor Watson presiding,
Council Members Rushing, Fogler, Lewis, a~d McCandless. The City
Manager, City Secretary, Parks and Recreation Director were also
present.
Mayor Watson introduced members of the City Council and Mike
Tanner, City Manager, introduced members of the City Staff that
were present.
WEIR PARK IMPROVEMENTS:
The City Council .and Staff pr~sented plans and designs for
improvements at Weir Park.
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Mark Mailes, Parks & Recreation Director and David Stanger, a
landscape architect from Stanger & Associates .presented a status
report on the improvements to Weir Park. In addition to the
presentation" Staff fielded numerous questions from the residents
on items related to the plCinned improvements and. other issues.
Plans for Weir Park were made available at the meeting for
vi.ewing and for specific. inquiries.
There were approximately 20 to 25 residents in attendance.
. .ADJOURNMENT:
With no further business to come before City Council at this
time, the meeting adjo1,lrned at 5:25 p.m.
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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crrY ,COUNCIL WORKSHOP SESSION
MONDAY,' JUNE 13, 1994
MONICIPAL BUILDING
3800 UNIVERSITY BLVD..
6:30p.M.
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The City Council convened in Workshop .session in.~the Mu~icipal
Building- ~(3aO-o University Boulevard) on June :1.3, .1994, with the
following members present: Mayor Watson ~residing, Council
Members Rushing, Fogler and Lewis. The City Manager, City
Secretary"eity'Attorney, ,rFinanceDirector., ,'''Deputy Public ,Works
Director, Police Chief, Fire Chief"'.,Parks and':Recreation Director
and Building Official were also present. Council Member
McCandless was absent.
A~~REVIE.W::c.
The City Council reviewed the regular meeting agenda and
discussed items"under consi:der-at,ien wit,h,the Staff. -
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MATl'ERS <;RELATING ,TO ,PRIORITY AREA ,3 'LIFT STATION RELOCATION:
J.::.:..- :~i ~. ;; bF: ;~
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Mike 'l'anner,,:.CitYl:Manager ,.,presented exhibi,tsC:ishowiong the
possible locations of'iIthe ;Pr,iority Area 3' (West .point/Villanova)
sanitary sewer lift station. Mr. Tanner reminded the Council
t:11acaif :{!p~:ac:t;i"On was' 'takenb;ythe,Counci'l'"the li.f1:'-,sta,tion
woul-duIDe!O'--:c.onstruet'ed ~ a't,.By;r.on ;:-and ':Communi:ty ~ . ,
::-)f~:1 7 (~, 8:~C- ~l j::... .~:'
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The ei-ty 'CoUnGiL.:M:as iJn- agreem~pt:.tha't - the l.if:t .Jstation for
Prio~i:t-v.8Area.' ,S ~should ~be,.. l-ocat.ce(i. at. . Byron .and ,.community.
;: ~ "':- ::t l..~. ~.:~ _ .-:~ .;- ~1 ~ _~~"'/,- . _ ."_ k :: .: :~ ... _."
The City Counci~Ldiscussed'including a directive in their motion,
for "the .~improv:ement. c.;and :beautification of Lift,;: Station: No.2. c lY
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NEWSPAPER . D::EgrJ"RTHl1i~.LON ::COMPLAlNI'S:
The.City ,Council :discussed newspaper distribution complaints.
Don Giez, a resident at 3217 Amherst, complained to the City
Council about the number.of newspapers being thrown on his lawn.
He stabed-that .he 'was concerned';about . the newspapers coll'ecting
on his :baWn :and- becoming an invita.tion for his home to be robbed.
Mr. Giez stated that he had 'spoken numerous times with the
Houston:Chronicle'but ,they were still delivering the "This Week"
section of the newspaper. He asked the Council to pass an
ordinance to stop the distribution of unwanted newspapers.
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\ City Council could'do to stop the distribution of unwanted
newspapers.
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Jim Dougherty, City Attorney/,;reported that the courts were very ,<J
stringent and harsh on""regulations that ,'try to prohibit
distribution. The City Council. couJ:d"reasonably anticipate
having to defend an ordinance that'prohibits newspapers from L
being thrown on the residents' lawn.
Council Member Lewis commented that she would not be in favor of
discontinuing the circulation 'of "The Newspaper" because it is '
one"way of disseminating information from the City Council to the
ci-tizens in 'West :Uni:vers~ty, _lPlace . . (-'1'
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The City Council .agreed to further :discussunwanted newspaper
distribution 'at ,a: later meeting.
SPECIAL F.T .ECTIONS :,
.
The City Council discussed special elections that amend thecaty.
charter and authorize the sale of bonds.
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Bob Higley, Chairman of the cAdvanced Charter Review' Committee,'
reported that the Advanced Charter Review Committee had met 14
times since its creation and had virtually taken the entire City
Charter:"and.t!hangetl,;$.otne p:rovii:i'iofi~i;n'!every~AreicJ:e ~except " "
Article I. Mr. Higley stated that the Committee had addressed
itself to':a vast> overhaul. of the ..city. Charter whi'ch includes
helping _.the 'ehar.terto . comply "wi:th ;State . Law . '
:_. _l~j.<"',.... S. ._;._.-;...~.
Mr. Higley :fsta.ted .thatthe .:lfour .comerstones'of gove;r:ning a small
city indJ"'ude zoning, taxes;:J1servi-c::es ;'.and,:.a ''Volunteer::~commitmeIit.'
In terms of zoning, the Committee adapted various sections of the
Charter.: ~to: lStp.'te ~;Law, "sbreng.t:hening',them-but a'lso: making them
flexible. ' ,':iThie.:-::wacll-:allow 'zord:ng ':.~amendments \to,'1be . part .>Qf".an
ordinance 'amendment rather than being totally within the City's
ChaJ:!:'ter. .I-n:'terms ,;of t-axation, ,'the Comrt1i:,t:tee,reinforcedthe
balancedd)udget ,'amendments andclarifi.ed :the' pro.cedures;::within.
the taxing authority of the City. Mr. Higley stated that in a
broad. sense, in terms of City services, the Committee has
initiated the concept of accounta:biJ-ity andrespbnsibility:;and _,
bro~ght the two together. This conforms the manner in which the
City.Council-:,a~d,;the. Ci,ty Administration work with one another.
Lastly, the Committee has discussed an increase in the types of
representati-on.in.the -City Council.
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Mr. Higley. s,tated "that ,the 'Commi.ttee -was requesting' that the
Ci.tyCouncil :se,t..an election Ciatein ,August and accept the
proposed Charter revisions so that the.. Committee may talk to the
citizens. The Committee needs the endorsement of. the City
Council before they began explaining the amendments to the
public.
Counc'ilMember.Rushing requested ,that the City Council conduct a
workshop to further discuss and consider the amendments.
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City Council Workshop Session, June 13, 1994
The City Council agreed J:o conduct a workshop session on June. 20,
1994 at 6:30 p.m.
Mayor W~tson. recess~d ,~the workshop session at,. 7 : 30 p. m. to
convene in regula,rj;session.. ,
At 8:45 p.m., Mayor Watson reconvened the workshop session with
the following preJ3ent :.Mayor, Watson- presiding "Council Members
. Rushing, Fogler and Lewis. Staff members present were the City
Manager, City8ecret~q., Ci.ty Attorney; Finance Director ,Police
Chief, Fire Chief, .Building Official and Parks and Recreation
Director.
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PLAYGROUND AGREEMENT:
The City Council considered a playground agreement at the West
Uni versi ty.Eleme~tary ,.S,chool.
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Mr. Dougherty reminded the Council that the prior draft of the
P1.~y;gr'Qp.nd< ~gr,~:ement of'fered. ,a ,five. year c,ontract .and a, ,1.20 day
termination poli-cy~ "The' .agreement w.as short ,term'.~and contained
fairly l1a~sl1. pollcigs,. The City (CounC.il had directed the City
At;to~ey and~;the :Ci-ty ~taff?~t:o 'continue~;'1legot'iationswith .
H ..t.S. D'. .:.. h:;;:: ~,:"",.' i:~'"' . , " . L
Mr... Oo~gher-ty:"r-ePJprt.e.d~.that he ihad:.met., with:the. H.I.-8 .D. '.., ,,'
admi:p.a.j3tr:.at.i-on "-ana 'ii<~.n;:$parJcs ,f,romL tbe"Xz:a..-:.Spor:ts ,Assocd.ation. " .
H. I. .,8 . D,. indipated.; 'du.~iQgc the meet,ing. that .they. 'were willing 'to
loqk at. .aome.. otd:he;~CitY'sconc.erns in: the contract but .other
items like the.term of the l~aEe,:wer-e: no't'nego,tiable . 'Mr.'
Dougher.ty stated that it was very important that the City
maintain ownership 'Of. whatever ,is. ~add~dt01the playg:t'ound' by the
City. There was a new clause that Tri-Sf>orts proposed .that was
to realign the fields so that the back part of the fields (up to
the fence at .3700 Rice),J:: was included' in the West University
Element.ary .-School Pl;aygroUI;ldLease. and,.removed from the West
University Little Lea'gUe Lease. Mr,~, Dougherty stated that the
only remaining clause that was still unresolved was the indemnity
clause and ,the general (liability insur.ance . policy. ,Mr. Dougherty
proposed that the playgxound'be'brought under the' Texas Municipal
League policy in order to limit the exposure to the City. The
current lease expires June 24,1994.
,.
Fire Chief,. Terry Stevenson, stated that he met with H.I.S.D. and
submitted a proposal to provide access for Fire and Police to the
rear of the School building. Mr. Stevenson indicated that
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City Council Workshop Session, June 13,' 1994
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H.I.S.D. was agreeable to provide access but has not submitted a
final plan.
Amotion was made by Council Member Fogler, seconded by Council
Member Rushing to authorize, the CityManag~r to proceed to
conclusion with .the negotiations for the West'University
Elementary Schaol Playground Lease.
The motion was voted on with the,f-ollbwing result:
:- ."
Vting Ay.e: .
Voting Nay:
Absent:
Mayor~Wats0n,- Council Members Rushing, Fogler
and Lewis .
None
Council Member McCandless
ARCHITECI'URAL STUDY OF COMM1JNITY BUILDING:
The Ci.tyCouncil considered an architectural "study of the
Community Building and related matt~rs.
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Mike,~Tanner.,Ci'ty>.Manager,',reminded the' City Cbuncil that during
the last workshop they'had' directed <the Staff to 'take another
look ~t theCommunaty,Building<<co ~ee i~ Lt was possible to
expand the',bui'iding to"'~nhance'~servi'~es:., -,At cUlattime, the-City"
Council indicated an interest in a Teen Center and activity room:
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John Stone, ..an architect f,rom,Mi't:ehe-l:l Carlson'i'presented ;plans
for ,expanding;;,the' ::Community' .f3u11dingibyt::losing . the court yard,'
between t.he- .libraryarrd the' e:x:ist'ing 'Community Building for' the
additional activi,ty room..: Mr. St'one ':sta'ted that the court yard
area was approxLma'tely, 1.200--- square cfee,t. .
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Council.Memberl,Jewis,af?ke-d Jifthe:activity room could have a
media center 'with a libraryofmovies~
Mr. Stone stated that the room could-have a pull down screen for
movies. The room could possibly ha:vetwo pi'ngpong tables, a
pool 'table:and :space for'atele:vision'and video center.
o .
Mayor Watson asked if the ro'om was going to be supervised and if
additional personrrel was going to be needed. -
Mark Mailes, Parks and Recreation Director, stated that the
Community Building already had a person that supervises the area
from 4: 00 .to 9: 00 p~m. If ,the need exists, this person could
possibly stay an extra hour.
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City Council Workshop 'Session, June 13, 1994
Council Member Fogler asked if the back door leading out of the
room was necessary.
Mr. Stone .stated that -the room would "have to have' an exit door.
The;tloorcould be made so that no .one can enter from the back
door but will, be ,an: ,emergency 'exit :f:tom'the~ctivity room.'
Mr. Mailes presented a preliminary budget for the Community
Building renovation. and addition. The estimated project budget
amount was $431,745.20., This did not include the purchase of
equipment~ '
A motion was made -by G6uncilMember'Lewis, seconded by Council
MemberPogler to authorize the Staff to proceed with the plan for
the Commun~ty Building improvemerits as presented by Mitchell
Carlson.
The motion was votedon'Mith ,the following result:
Voting Aye:
Mayor 'Watson, Council Members Rushing, Fogler
and Lewis ',; c,
None
Council'Member' : McCaridle'ss j
Voting Nay:
Absent:
SPECIAL RT .ECTIONS:
The 'Ci-t:y. 'iaouncil:'contintietlltneir', "-di'S~J;H3:fd!6ri.~' 'of special e'lections.
They discussed a poss1bl~"Borid"El~ct1:-6n ait)Iig~ wfth the Charfer
Amendment Election.
....../ ."
Mr.' Tanner recommended that the City Council not conduct a Bond
Electiona.t the :same"tim,eaff,the Cha-rtei' AmeIidment Electi-on. He
suggested t'hat',the' Council cbnduct a '(workshop with ,the Financial
Advisors and other interested 'part'ies in the community to discuss
a bond issue.
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~F.C'T.~~SIFI~TION OF' 'POS~ON:
The City Council considered the reclassification of a position in
the Administrative division of the Public Works Department.
The Staff recommended that the vacant position of Administrative
SecretarY in the Public Works Department be reclassified to
Administrative Assistant. This would permit'the transfer of
Victoria Imo from the Finance Department and strengthen the
Administrative Division of 'the Public Works Department.
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City Council Workshop Session,.. June . ~3, 1994
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Mayor Watson asked if Mrs. Imo was ag;reeable to the transfer.
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Mr. Tanner stated that Mrs. Imo and her attorney agreed to the
transfer. They understand that i~ was subject, to the 'approval of
the City Council. Mr.. Tanners.tategthatthere will .be a formal
agreement that will eliminate alls~la~ms. Mrs. .Imowill have to
meet or exceed the' standards of an Administrative Assistant.
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Counc,il' Member -Rushing asked "i,:f. the transfer was ,a lateral move.
Mr. Tanner reported that Mrs. Imo'would take a $4,000 cut in' pay.
A motion was made ,by.Council ME?,mbeJ::" .,. Rushing., seconded by Council
Member Lewis to reclassify thepps~t~on in the Public Works
Department from ,Administrative Secre.taryto. AQ.ministrati ve
Assistant.
The motion was vote,c;l pn .witnthe f-allowing. resul;t :
. .' Voting Aye: ,
Voting Nay:
Absent:
Mayor Watson, CotinG:il Members Rushing, Fogler
and Lewis . .
None
Council Member:McCandless
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PURQIASE OF REAL ESTATE!
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The ,Ca,ty Cou:ncLl,consider~Cl matters .;;~elatingto the acquisition
of iea~;est:ate l;o:catec'i at 3832, ~e3f"~kJStreet..
The City Council did not meet in Executive Session~'
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Mr .T'imner s.tated:thatthe iMas.ter ,:RJ:.an ~foi the-Public Works
Centerreqrii;r-es --:the City to purch~~~':the lots on Anlherst. The
eityw0uld ,rieE1d the.additional .landto.expand the Public Works
Center. .
Arnotipn was made by Council Member Fogler, seconded by Council
Member Rushing to authorize the City Manager to begin
negotiations for the acquisition of the~property located at 3832
Amherst Street.
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:
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City Council Workshop Session, June 13, 1994
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 Lewis to adjourn. The meeting adjourned at 10:17
p.m.
Kaylynn Holloway
City Secretary
Bill Watson
Mayor
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CITY COUNCIL REGOLAR SESSION
MONDAY, JUNE 13, 1994
MONICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
The City Council convened in Regular Session in the Municipal
Building (]800 University Boulevard) on June 13, 1994, ,with the
following members present: Mayor Watson.presidinglCouncil Members
Rushing, Fogler, and. Lewis. The City Managerl City Secretary,
City Attorney, Finance Director, Police Chief, Fire Chief, Deputy
Public Works Directorl Parks and Recreation Director, and Urban
Forester were also present. Mayor Pro Tern Rushing delivered the
invocation and Mayor Watson led the Pledge of Allegiance. Council
Member McCandless.
CITIZEN COMMENTS:
Dick Ayres, a resident at 2723 University Boulevard, spoke on the
issue of lift stations..' Mr . Ayres asked the CityCbuncilto
manage the City by "factual procedure". He asked the City to
obtain correct engineering studies from a registered.professional
engineer for infrastructure projects. Mr. Ayres felt that public
meetings were not the "place to reach a final decision". The
location Of a sewer lift station should be st-udiedextensively
instead of just getting a map and randomly selecting a site.
Sid Roberts, a Bellaireresident (5160 Spruce), addressed
newspaper distribution complaints. He stated that his newspaper,
Vi1.lageNews, has received numerous calls asking.for hls .
publication nbtto be left at their residence. Mr. Roberts stated
tl1at his policy waste discontinue distribution at residents'
request.
Arthur L. Hirdler, a resident at 6'416 Community, spoke on the
issue of lift stations. He distributed a letter to the City
Council listing options for lift station location. Mr. Hirdler
asked the City Council to review the options in the letter because
of their "fiduciary and fiscal responsibility". He stated that
the lift station should utilize "least cost and least impact".
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Barbara Carlson, a resident at 3130 Albans and owner of the
property at 6424 Community, spoke on the devaluation of her
property if a lift station was placed atthe.proposed location of
Byron and Community. She stated that once a willing buyer is
disclosed to the fact that a lift station was close to the
intended property, the buyer would no longer be interested. She
asked City Council to reconsider putting a lift station at Byron
and Community.
Marvin Jetton, a resident at 4004 Swarthmore, addressed the issue
of lift station No. 2 location. He stated that he wanted the City
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City Council Regular Session, June 13, 1994
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to do something to alleviate the odor emitting from the lift
station. Mr. Jetton asked the City to move the lift station or
"clean it up".
Ron.Glash, a resident at 4234 Case, commented on lift station
location. Mr. Glash stated that locating the proposed lift
station at Byron and Community would be detrimental to the
neighboring homeowners. He supported locating the lift station in
a "common area", such as the proposed Colonial Park location.
Mr. Glass, an attorney representing Barbara Carlson, spoke on the
issue of inverse condemnation (taking property value without
compensation or without procedural rights). He asked the Council
to take it into consideration before making a decision on lift
station location.
RESOLUTION APPOINTING MEMBERS TOTHF. ~RTF.R 'RF.UTF.W l"'O'MMT~ 2U>1D
CITY CHARTER AMENDMENT:
Consideration was given to Resolution No.94-09 (A RESOLUTION
APPOINTING A CHARTER REVIEW COMMITTEE FOR THE CITY OF WEST
UNIVERSITY PLACE ,TEXAS i PROVIDING FOR A. 'TERM OF OFFICE AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT)and
City Charter amendment.
Mayor Watson read aloud the names of the individuals to be
appointed to the Charter Review Committee.
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A motion was made by Council Member Rushing, seconded by Council
Member Fogler to approve Resolution No. 94-09 appointing a Charter
Review Committee. .
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor -Watson, Council Members Rushing,
Fogler, and Lewis
None
Council Member McCandless
Mayor Watson administered the Oath of Office to the newly
appointed Charter Review Committee members present.
RESOLUTION APPOINTING A. REPRESENTATIVE TO THE AREA PLANNING
ADVISORY COUNCIL:
Consideration was given to Resolution No. 94-11 (A RESOLUTION
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City Council Regular Session, June 13, 1994
PROVIDING FOR THE APPOINTMENT OF A REPRESENTATIVE TO THE AREA
PLANNING ADVISORY COUNCIL OF THE AREA AGENCY ON AGING; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT) .
Mayor Watson stated that Sharon Reusser, Senior Services Manager,
had recommended that Vesta Haynes Papafagos be appointed to the
Area Planning Advisory Council.
A motion was made by Council Member Lewis, seconded by Council
Member Fogler to approve Resolution No. 94-11.
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Rushtng,
Fogler, and Lewis
None
Council Member McCandless
Voting Nay:
Absent:
PRIORITY AREA 3 (WEST POINT/VILLANOVA) LIFT STATION RELOCATION:
Consideration was given to the relocation of a Sanitary Sewer LiLt
Station to be constructed near the intersection of Byron and
Community in Priority Area 3.
Mayor Watson stated that the lift station was currently located at
a site approved by a previous administration. He stated that the
residents have asked that the lift station be moved to Colonial
Park. Mayor Watson stated that he did not feel there was
sufficient reason to move the lift station.
A motion was made by Council Member Fogler, seconded by Council
Member Lewis, to authorize the Staff to proceed with the
beautification of Lift Station No. 2 located at University and
Weslayan, as previously outline by the Public works Director,
including landscaping and the filtering system and to authorize
the Staff to make the lift station to be constructed at Byron and
Community a "state of the art" lift station to minimize its impact
on neighboring residences.
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:
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City Council Regular Session, June 13, ~994
1993 COMPREHENSIVE ANNUAL FINANCIAL REPORT:
Consideration was given to the 1993 Comprehensive Annual Financial
Report prepared by Null and Associates.
Chris Taylor, Finance Director, stated that at the end of each
fiscal year, the City engages an independent accounting firm to
audit the City's books. He introduced Charles Yaple and John Knox
of Null & Associates .to make the presentation of their company's
.annual audit of the Cit;yandtoanswerany questions.
John Knox, stated,that the presentation to the City Council was
the General Purpose Financial Statements, as opposed to the
Comprehensive Annual Fi.nancialReport. Basically, the.primary
statements, along with full disclosures were being presented. Mr.
Knox stated J:he audit was a success and the City cooperated
completely. ... The City had a balanced budget for 1993 and a
favorable variance in the General FUIld of $284,372 {revenues
exceeded expenditures). Mr. Knox stated that the. Comprehensive
Annual:Fipan9ialR~portwould be . fini.shed ands.entto the
Governmental' Finance Officers Association in the next couple of
weeks forforwaJ::"ding to rev.iewers.forfinal acceptance or non-
acceptance. 'He stated that ,u.aually,Comprehensive Annllal
Financial Reports are approved and sent back with comments for
future improvement. .
The City Manager stated that the decision of the reviewers was
important.. to the City's rating package .
Council Member Rushing asked Mr. Knox upon whom the reviewers'
comments reflect.
Mr. Taylor stated that the comments reflect on the City and
Finance Director; however, the. honor is really bestowed upon the
auditors 1 siIiceth~yare the ones who stay current on
requirements.
Mr. Knox stated that his company advised the Gity on technical
issues and the Finance Director pulled together the information.
He stated that Null & Associates were .quite satisfied with City
management responses to their recommendations.
A motion was made by Council Member Rushing, seconded by Council
Member Fogler to approve the 1993 Annual Financial Report
submitted by Null & Associates. .
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City Council Regular Session, June 13, 1994
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 AUTHORIZING A 1994 URBAN AND COMMONITY FORESTRY
CHALLENGE GRANT APPLICATION:
Consideration was given to Resolution No. 94-10 and an application
for a 1994 Urban and Community Forestry Challenge Grant.
Nes Tesno, Urban Forester, presented Resolution No. 94-10 to the
City Council. She stated that the Staff recommended authorization
to submit the grant application and authorization for the Mayor to
sign the grant application on behalf of the City.
A motion was made by Council Member Fogler, seconded by Council
Member Lewis, to approve Resolution No. 94-10~
Voting Aye:
Mayor Watson, Council Members Rushing,
Fogler, and Lewis
Non~
Council Member McCandless
Voting Nay:
Absent:
BIDS FOR LIFT STATION REHABILITATION:
Consideration was given to bids received June 1,1994 for the
rehabilitation of Lift Stations No. 1 (Near southwest corner of
Academy and Emory) and No. 6 (Northeast corner of University and
Belmont) .
Jerry Burns, Deputy Public Works Director, stated that the
rehabili.tation involved the installation of a special liner on the
walls of the wet well of the lift station. This liner
installation will reduce deterioration and extend the life of the
lift station.
Council Member Fogler inquired if the liner installation had
anything to do with odor emission.
The City Manager stated that this was basic maintenance repair.
Dieter Ufer, Consulting City Engineer (Langford Engineering) ,
stated that the problem was inside deterioration and the proposed
5
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City Council Regular Session, June 13,1994
rehabilitation would re-establish the structur~ and integrity of
the lift station.
Mr. Tanner stated that the Staff would look, on Council's request,
at the older, exposed lift stations to see if the City could do
something to .. improvetl1em.
Council Member Rushing.asked for an' explanation as to the bid
amoun-t .being50~Qftheamount budget:.e~~ndiftheamount budgeted
this year was based upon the bidsubri1.it:.t~dlast year fora similar
proj eat. .
TheDeputYP1J.blic Work$ Directorresp.ondedthatthere would be an
additional project out of the same budget item.
The following. bids were received:
Bidder
~
RWL Construct:.ion, Inc.
CES Construction
DEI Construction Services
$25,250
$24,900
$23,750
Amotion was made by Council Member Lewis, seconded by Council
Member Rushing, to accept the low bid in the amount of $23,750
from DEI Construction Services. .
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
MayorWatsonl Council.Members Rushing,
Fogler, and Lewis
None
Council Member ..McCandless
BIDS .FORWESLAYAN~ACEWATER. "TRANSMISSION'. T.Tl\'r'RmN~rmTT{"I'"f'ITnN.
Consideration was given to bids reaeivedApril12, 1994 for the
construction of the Weslayan Surface Water Transmission Line.
The Consulting City Engineer stated that the bid award was delayed
because of the joint agreement with the City of Houston. The
agreement provided for the City of HQustonto submit their share
of the money for . the water line befor.eabid award would be made.
Mr. Ufer highly 'recommended R.W.L. COIlstruction,Co., Inc. as
recipient of the bid award.
6
City Council Regular Session, June 13, 1994
The following bids were received:
Bidder
Bid
Jerdon Construction Co., Inc.
T&R Utilities, Inc.
Kinsel Industries, Inc.
R.W.L. Construction, Inc.
$621,785.00
$557,651.37
$521,252.40
$489,540.00
A motion was made by Council Member Rushing, seconded by Council
Member Fogler to accept the low bid in the amount of $489,540 from
R. W .L . Construction.. Co., Inc. .
The motion was voted on with the following result:
Voting Aye:
Voting Nay.:
Absent:
Mayor Watson, Council Members Rushing,
Fogler, and Lewis
None
Council Member McCandless
ACCEPTANCE. OF PRIORITY.. AREA. 1 (CHARLOTrE/LAKEl n-JPROVEMENTg!
Consideration was given to the acceptance of Priority Area 1
(CharlotteILake)improvements (Streets, drainage. and sanitary
sewer) . .
Mr. Ufer stated that the Charlotte/Lake Area project was 100%
completed. He stated that the City Staff is very proud of the
pr()ject.
Council Member Fogler inquired as to the original cost estimate of
the project.
Mr. Uferreplied that it was approximately $3,500,000. He
reported that the City was under budget with the finished project.
A motion was made by Council Member Rushing, seconded by Council
Member Fogler, to accept the work for infrastructure improvements
in Priority Area 1 (Charlotte/Lake Area) as complete and approve
final payment to Whitelak, Inc. in the amount of $227,224.74.
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Rushing, Fogler
and Lewis
None
Council Member McCandless
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Voting Nay:
Absent:
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City Council Regular Session, June 13, 1994
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CITY. COUNCIL . ~ING ..MINUTES:
l
Consideratio~wasgiven to the minutes of the Workshop Session
conducted on April 18; 1994.
Amotion was .,madeby Council Member Fogler, seconded by Council
Member Lewis .toapprove the minutes of April 18, 1994 as
presented. . . . .
The motion wa.svotedonwiththefollowingrestllt:
Voting A..ye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing, Fogler
and Lewis
None
COllncil Member McCandless
ADJOURNMENT :
A motion was made by Council Member Lewis, seconded by Council
Member Rushing toadjo-q.rnto the workshop session. The regular
sessionadjoJJ.rned at 8:.35 p.m.
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCILWO~OPSESSION
MONDAY, ..JUNE 20, 1994
MONICIPAL ~ING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City CO,uncil convened ill W()rkshop .Session in the Munig:i.pal
Btlildin~. (38:0 0 University Boulevilrd) ,on. ,JuIle 20, 1994, . with .t:he
followingm.elnbers preseIlt: MaYQr'Wat,s,on presiding, .council ,-
Members Rushing, Fogler andr,.ewis., "The City Manager., City
Secretary, City Attorney, were also preseht.Council Member
McCandless was absent.
Barry Smitherman, a resident at 6534 Mercer, spo.ke to the 'ti1::y
Couricilabout . the possibility of raising the deb;tlimit o.fthe
\ City. ,Mr. Smitherman stated that in 'his experience in .the bond
industry,' he is seeing, . around the s;tate,' animo.sity ',toward
expanding the debt limit. The t'rEmd "s~ems to. ,be iri most
juris,dictions. to. co.ntract t:he i=i11lo.llnt,Of de,btthatcan b~issued
and h~verequir~ments ... that .Q~tie~,;cannot issue ,anymore' deht .., .'
thati'what ca~be",retire4. in,i:l,IlY:giv~n year. 'The referendums,th~t~
seem to 'be successful are the '. ones that articulate" with a ,lot of'
certainty, what the proceeds of., the bond issue are going' t'o-: be
us~c.l fPf aIldhow it" will l:>~.pai(jfor.
M~. '$mitlierm:an',$,tat~d',t\hp:t .,.h~:p.~,l:?,spolt~n t~'.1:heC.;i.ty ,M~#l,~g~r ;'
aboutcoIlduc:t';Ilg'a,pona"~ut:.poi-~~~tion;r:-~~erel,1.dum -on 'the',b?il+ot9.t
the same time with the charter amendments'.' Mr.'Smitherman stated Ii'
that. inl1is:.<:)pinioIL it .w(:)}1,lcL not:b~x.~ 9094 ip.e?l.t;.p', hav~; ,~__ bond,
electloIlat:.':tne,saineti11le:.,aa ,acnarter, amendment, election. .. ~~'~ '
'-., '_: -, _, '_:":_ --'.'_ :_ _~ . ._' .,-'__ -:_' -". _."_'>,.:' -"_:_ __-=:-_,;:.~___ >_.' -:'_' "-''::'': '._J ',' _ 0.. .."_ - _ _ _ " ' "_--..' ;.. " " -
People could possiblybe'opposed . 1::0 raising-the" d~bt ,lilllit arid
will vo.te II no II for eve;rythi:ng or they could' be' oppo.sed 'to "
amendin.g 1:l.1e chart~r':lp.d "\T9,~e "llonfor eV~ry1:h:i.ng.
. __'' ,O__"_",C __ ," ----,,' "_'" _ .
. W,ith regard to. raising the 'limitation, Mr. Smitherman stated that
the City'S Financial Consultant canl?rovide, th~;,City with .an
analysis of wl1.eth,e,r exp~~.:i.ng ,t:.pegebt,c limitfrorn 5%. to" 7~ (loes
anything to je.o}?ardJze the,~ati,n9"i exactly wh9-t the debt__
limitation. is# . how, man,ybonds(::an<be sold, andwhet,her 5% will be
eno.ugh. '. TIle . City Ileeds, to . determine how much moneyisneede.d and
how much' money is availabl~,. '.
Mr. Smitherman suggested that:. the City proceed first with non-
debt related charter issues and leave the debt limit issue.fora
later ti~e when the City is addressing the bond'issue.
Council Member Fogler asked what the debt limit would need to be
raised to. in order to cover the amount needed to completely fund,-
the infrastructure improvements.
Mike Tanner, City Manager, replied that an increase to 6% or 7%
165. \
City Council Workshop Se~,"si6n, June 20,:1994
would cover the amount of funds' needed. Mr. Tanner reported that
the Finance Director will be preparing a calculation with the
Financial Advisors that determines exactly wh,at the City needs.
The number"will be determined bef9rean ordinance is enacted that'
establishes a 'ballot' and orders an election.' Mr. Tanner stated"
that he felt'the, City shoul'd,.ll.1inim:L2;ethe amount so t'hat,the'debt
limit would not be ,any higher th~ rie~essary.
CHARTER AMENDMENTS:
The City Council considered the,"proposed charter amendments.
Council Member Fogler asked the City Attorney if it was lawful to
limit the durati'on of a campaign or to limit 'the number of signs
or materials that are disseminated to the residents.
Jim Dougherty, City Attorney, stat~d that tryi~g to stop someone
from going door to door and campaigning t6thefr neighbors woul'd
'not be possibi"e. As a practical" matter,' the' number of signs'
could'~be limited. ' , " " '; ,
Council Member Fogler stated that she was con~e:tned ab'out having"
annual elections becausethe.City would be in a constant~ta~e o~
fl~. "T;her~(were' a:~~u~er6f comp:la;n'ts ,~u;ring;th~"hlst Edecti~p',
about -how' b'ad the City-:' loOked 'because 'Of :'a.!.'l the s~igns". ; ~.~
~ ~ " . _ .~.;.: ,...! q r ~ - ~'.~~ .,_'... :~ ~. ..: -=. ;: . . ;:. .
. .. .
Council -Member Lewis 's,t:atedthat--:she'tl1ought the Coun'eilwould
rece,ive very'l1.-ttle "6pp6sition~"from~nyone:t-o Ctb:tai'l~the number
of s1gns used during electi~ns. " ," , " "',
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The City Council 'agreed" that. the' City Attorney would reviewt'he
sign ordinance and recommend possible amendments.
Regarding annual' -elections, Council 'Member Lewis stated 'that the
last Charter Review Co~mittee had extensively' considered
amendments 'to t;:heCharterj but the 'decision was made'that there
would not be enough gained 'to mak~" any' changes at all. She felt
that all the current charter -Revie\;{'Cbmmittee'was trying to gain
was staggered terms. Council Member Lewis asked if the City'
could have general elections every eighteen months.
Mike Tanner, City Manager, stated that the Secretary of State
requires that cities have a uniform election date for their
general elections.
Council Member Fogler asked if having three year terms would
require candidates to run by place.
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City Council Workshop Session, June 20, 1994
Mr. Dougherty stated that any term over two years ,would require
candidates to run by place and would reqUire a 'majorlty vote.
Mayor Watson commented that he was not sure if he favored annual
eiections.
Council Member Rushing commented tha.t he did not see a problem
with'candidates"runningpyplacell . '
Council Member Lewis stated that she did not favor'run':'off
election~. ,Electibnsare ,ciostly~for',theCity and, Ior'candida.tes.
Council Member ,Lewis commented that she aid not have a problem
with any of the amendments suggested by the Charter Rev~ew
Committee except for the yeCirly electionsa~d the increase to a
seven person Council. She stated thatshe'could not support a
seven member Council.
Mr. Tanner statedthat,thellla~ority of cities in the State of
Texas have annual elec'tions ~.- ' ' ,
The City COl.lncllC'ontinued .tl1~ir discussion of the proposed ..
Charter amendments with members 'of the Charter Review Committee.
The 'Councildiscussed,prQJ;:>lemt:jwith,annual:electiori:s,.in.creasing
the Council, from four',t.os1.X :tilembersand'four year stagg-er-eti
terms for City Council members.
The, City Council agreed to submit to the voters a char1i.-e~ ;"
amendment fprtw.() Y'~a:t"stagg:eJ:,~dte:rmswith Cinnual electi.onsfor
City ,CotJ'I1.cil15ut: "(lid, .rt<;>'t'suppott",an ',-J.ncrease"f'roma'four:j,td\';sixL ,,:
memberCityC9J.inGil. The CJJ:y,Council alsc.)agreett'to'n&t inGhuje
a proposed amendment ,tha:'t'would increase the debt limit . '
Mr. Tanner suggested that the Btaf,fbring in the Financial
Consultantstb conduct a factual discussion on theCity's options
for a bond election.
Mr. Tanner reported that the Charter Review Committee was
planning several public hearings for residents to discuss the
proposed charter amendments.' Mr. Tanner suggested putting a
document together to mail to every home explaining the proposed
amendments.
The City Council asked the City Manager to proceed with the
document to mail to residents.
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City Council Workshop Session, June 20, 1994
CONCESSION STAND AT COLONIAL PARK:
The City Council considered a contract that permits the operation
of a concession, stand at the Colonial Park Swimming Pool.
Mr. Tanner reported that residents,w4ospend time at Colonial
Park have requested that the City open 'and operate a concession
stand for ,the 1994 summer season. Mr. Tanner stated that Phillip
and Janet Turner have agreed to operate a Hawaiian Tropical,Sno
stand with an expanded menu if a contract is approved by the City
Councii. The proposed contract requires the Turners to pa.ythe
City 10% of the gross revenue generated.' .
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A motion was' made by ~ouncil_MeffiberFogler, seconded by,Council
Member Lewis to approve the contract for the operation of a
concession stand at the Colonial Park Swimming Pool.
The motion was voted'ori with thefollowi~gre.sult:
Vo1;:ingAye:
Mayor Watson, Council Members Rushing, Fogler
and Lewis
None
Council Member ~~cand~~ss
VQtingNay:
Absent,: "
ADJOtJRNMEN'f :
.0..:: . _
With ,p.o
tiIJle, a
council
p.m.
further business to~come befor,e<"CityCouncil at this
motion was niade by Council Member Fogler, $econded by ,
Member Lewis to adjourn. Th~ <~eeting adjou~~d~at 9:16
Bill Watson-- '
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, JUNE 27, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
J..
The City Council convened in Workshop Session in the Municipal
Building (3800 University Boulev:ardL,on June 27 , 1994, 'with the
following members present: Mayor Watson presiding, Council
Members Rushing and Lewis . The ' City Manager , Ci,ty Attorney,,'
Finance Director," ,Public Works Director, "Police Chief, Fire
Chief, Parks and Recreation Direc'tor land .Buildi-ng Officialwe;r;e
also present.' Council' Members Fogler' 'and <McCandless . were 'absent.
The City Secretary was also absent during the Workshop Session:.
AGENDA REVIEW:
The City Council reviewed the regular meeting agenda and
discussed items under consideration with the Staff.
MA~~ .~TING TO ORD~ C1t:,T.T.ING SPECIALF.T.ECrION:
.- ~:"..-:~'~j'..~~.,~' ~~... :_ '-A}:I~~:..._~~.~. ~;::i-;.-..t,..~ ~"'!'-::. .... ~. ''i:.,~'- ',' .,' "_
City Attorney, Jim Dougherty, distributed ~updated copies~,':"9't~~t.'b:e '"
proposed charter amendments to the City Council and reviewed the
updated -amen.dment'<language':." ,1'.., ,,,:>:' '~:,:)"
-~{c
- /.........Y - ,...
'., -_: <
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Bob Higley, Chairman ,of ,the '.Charter_Review' Committee, stated that
the updated version was what voters would see on the ballot.
'<', -; ,:", ' >c, --, ..' :;:?-;,..._ ' __ '~, '...
Mr. Dougherty: stated thabtthe 'propbsed,-"charter(amendments!~::woulii',
be in both 'English and Spanish ,on the ballot . ' "
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Mr. Higley stated tha,thiscommittee":suppor,ted having an :",
alternative proposed charter amendment on the ballot concerning
the issue of the number of Council Members. His committee
recommended enlarging the Council to 6 members; however, the
committee a~re'edtotne',; request of the current 'City CouIicllC, , . ~,
administration who supported a 4 member City Council. Mr. Higley
discussed the possibility of having' an alternative amendment~of 6
members placed on the' ,ballo't ~ .Mr ~ Higley' stat.ed that the issue.
of the number of Council Members (4 versus 6) should be put to
the voters and let them be responsible for the decisi~n.
Mayor Watson asked if the Charter Review Committee was going to
promote a 6 member council.
. ( ..'
Mr. Higley stated that he felt voters wanted to expand the City
Council; however, that decision would be strictly made by the'-: '
voters.
Mr. Dougherty suggested having two propositions, side by side on
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City Council Workshop Session, June 27, 1994
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the ballot. The only problem was the ,possibility of both
propositions passing. A clause could be included at the bottom
of each proposition stating that if both independent propositions
were to pass, the~propositibn withbhe greatest number of votes
would be the new charter amendment.
Council~Member Lewis stated that she' did not support the
alternat1veproposition option because it was'not showing a
"united front". She'"feltthat it ,would :makethe ballot process
confusing and did not feel that ,expan4~n9the City Council to 6
members ,was 'necessary.
The City Attorney suggested amending the election ordinance in
the regular session to allow the alternative propositfon'and
clause language (in the case of both propositions passing).
Council Member Rushing ,stated that he wanted to allow voters to
have every possible choice on a significant issue.
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MATTERS ,RELATING TO THE ENGA~ OF ARCtu."l.".I!."CT FOR COMMUNITY
BUIIDING REHABILITATIG>N: ' , "
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Mayor Watson inquired as to whether or not J:;,he 'archi-t.ectura.l -firm
would accept the City'S contract rider. The City Attorney stated
that' he -had not ,"spoken with ,the 'archi.te:etural 'firm..-""
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Architect, ,~c.ontention upon ,acceptable ~ebndi,tions,and an" :0 '
authorization for him_to execute the, rider on the City'S behalf.
He stated that the firm's fee was acceptable and comparable to
work that had been done for ,the ,City in "the past.:. '
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WEST UNIVERSITY RTiF.MF.NTARY SCHOOL PLAVGROTJND TMPROVF.MF.N'T'~.
, ,
The City Council considered West University El,ementary School
playground improvements proposed by Tri~Sp0rtso
Ken Sparks, a Tri-Sports member, map.e, a presentation regarding
field reconfigurationand lighting. This project incorporates
backstops and dugouts, lights for Field #1, new #2, #3, elevat~on
and widening of covered walkway, moving el'ectrical lines, re-
positioning fence and gate, limestone road removal and re-
sodding, grading fields (infields and drainage) and backstop and
pole removlal ~t ~iell' d SA. hMr. Sparks stadtebd that he hkas medt wRith [',.;,
the schoo pr1nc1pa and t e plan propose y'Mr. Spar s an uss
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City Council Workshop Session, June 27, 1994
Schulze, another Tri-Sports member, was approved. H.I.S.D. was,
going to prepare a. cost estimat,e on elevatinganp. widening the"
walkway and they would let Mr. Sparks know ina few weeks of its
completion. He stated that the figures on the Field
Configuration and Lighting.: Est:i.mat~, {distri-l;>ut,ed,J:iC> ,Council in
thei:r: packages) was '. ,II po rough estimate II .Mr " Sparks' ~,equested
Council perml.ssionto bio. ,tlJ.e proj ~ct, in order :to QJ:>tain bette+ ,
cost information. If authorization is allowed,the'n after the :(',
bidding process and a review of cost information is' completed,
Tri-SportswilJ r,equest ,~Cit-y Counci,l ,to cbnsicl~r;:.f.unding the,
project with monetary funds from, the City reserves.
Council Member Rushing inquired about lighting improvements for
Field 4.
. '
The City Manager stated t~at the City .p.ascompleted the bidd.ing
process. The low l;>,id was well b(;low ~heorigina.l cost..estimate
of approximately $45,000. ,
Council. Member Lewis af?k~d Mr. Spark!? -if,the,VaJ:.ious sports
organization would, ,be ,i..n _ a positiqIl-to assist~, w:i.th :thecost of
the prop:osedi!llprovem~:nt~~. . "
. .'_r
Mr. Sparks replied that h~ would., b.e in a bett~~',-,-posit:ion to . v
answer her question after the biddirigprocess ona cost estimate
waf? completed., ;'C;" :: '. - , ' , ,
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'CoUncil: MeJOber RUl;:lhing :i.p.quir~d::-as to .the moti vat.Jliop. ,for. ,the ,~:.,."
proposed improvements and reconfigurcition of the fields.'J' ';V'"
Mr. Sparks answered that the mQ,tiva;tion wastwo::-f-Gld., Fi.rst, to,':
get a minor league game field and second, give softball its own
separate fi(a'44.., The loss ot ~tne Brompton fieids has creat.ed - a
greater strain on the use of the other ball fields. Practice
fields are having to serve as game fields in some c-ases.
Russ Schulze, a Tri-Sports member, stated that demographic
growth, re-districtingand the loss of the Brompton fields have
caused a need for Tri-Sports to seek assistance,1irt' :ord~r.,'for, w:u.
sports programs to run smoothly. plans for additional field
facilities in the Stella Link area are still in the development
stage.
Council "Member Lewis asked about the, shielding of proposed
lighting from neighboring residences.
Mr. Schulze responded that the proposed updated lighting was more
focused and would be controlled better than in the past.
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City Council Workshop Session, June 27, 1994
Council Member Rushing inquired as to the existence of a letter
from the last City Manager to residents near a ball field
concerning fi'eldlighting.-
Mr. Tanner responded that he was, familiar wi,th the correspondence
Council Member Rushing :i:ipoke of;,'and'stated that the memo from
nick Rockenba1.igh Cformer City Managerltoldresidents:that they'
would be not,ified in the ~vent ofl. changes in field lighting.
" "- '--:i: - - .
Mr. Schulze stated that Tri-Sport:s' negotiate'dthat agreement
approximately five years ago and iIi it, - Tri~Sport's 'llotifiesthe
City of any changes and the City responds by notifying affected
residents ~ " , ' ,
~ouncil Member Rushing stated that his concern was spending
,approximately $200,000 on T-ri'-Sports proposal when the City may
be 'able .to utilize' ,that money in ,the purchase of 'the YMCA
property within the next few years. "
Mr. Schulze,:replied 'that the eft}y would be" servin~f about 25%
its populace '(about 22{)0 T,ri-Sport,s children a're:/W.U.
residents)by fupding the Tri-Sports proposa1.~' 'The long-term
eff,ects would be,' shown through the physical development and
~ocial 'skil'ls-- a~quired -by the "part9..c,ip'ating'chil<dxen.
~ - ". . ,
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A motion was madehy Council Member Rushing, seconded by Council
Member Lewis to authorize Tri-Sports to bi~ their field
reconf:i91lra:tlort ',' arid 1 ightirig prO!.DGsalto:,;obti:dfi ~ better' :cost
informa-tion~~' (' " ,,::: ; ; j'_' ,O''!.;,' ;,
The; motion was, voted on with the' following result: '
~'
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Mayor 'Watson;Counc'il Members Rushing and
Lewis
None
Council Members Fogler and McCandless
Voting. Aye.:
Voting :Nay:
Absent:
NEWRF.~mENT 'GUIDE: '
The City Council considered a New.Resident Guide developed by the
Staff.
Council Member Lewis stated that she had a few'minor changes to
the guide she would like made. She also wanted the Newcomer1s
Club to have an opportunity to review the guide as presented
(including her changes) .
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City Council Workshop Session, JUne 27, 1994
A motion was made by Council Member Lewis, seconded by Council
Member. Rushing to accept the New'Resident Guide, with additional
changes.
The motion was voted on withthefollOwirig result:.
Voting Aye:
MayorWa'tl3oh,Counci'lMembersRushi'ng and
Lewis' ' '
None
Council Mewerl3 Fogler'aIld'McCandless
Voting Nay:
Absent:
, >,
PARKlNG PLAN. FOR COLONIAL PARK:
The City Council considered a parking plan for Colonial Park.
Public Works Director, Ed Menville, made a presentation to add
additional head-in parking a'long) Case and By:roI1Streets right~of"""
way to'~ tr:"el-iev-e-congestion and.'inci'ease'available'pavkingcl:oseto
the Coloni'al:Par,kfacilities,.' Mr.; Metiva..lle :Stated;; abollt '35
additional parking spaces were involved. The cost would be
approximately $14,500. He requested the Council to authorize
modification of the construction plans to include the additional
parking spaces.
A motion was made by Council Member Rushing, seconded by Council
Member Lewis to accept the recommendation for parking
modifications at Colonial Park.
The motion was voted on with the following result:'
Voting Aye:
Mayor Watson, Council Members Rushing and
Lewis
None
Council Members Fogler and McCandless
Voting Nay:
Absent:
Mayor Watson recessed the workshop session at 7:30 p.m. to
convene in regular session.
At 8:00 p.m., Mayor Watson reconvened the workshop session with
the following present: Mayor Watson presiding; Council Members
Rushing and Lewis. Staff members present were the City Manager,
City Attorney and Building Official.
~TAlN' PROPERTIES:
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The City Council considered matters relating to property located
at 4224 Bissonnet and 5715 Community Drive, in the City of West
5
:7 ~.
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City Council Workshop Session, June 27,19'94
University Place; Houston, Texas 77005, including~pplicable
regula~~ops, laws, rules and ordinances (including occupancy and
land use ordinances), counsel for the City, duties of Building
Official and other City officers and employees, litigation
regarding same and ~elat~daspects.
Closed Exe~utive ,$~$$ion as autho~i~ed by Section 551.071,
551.074 and 551.075, Texas Government Code. .
The City,qouncil ,convened in Executive Session at 8:05 p.m.
The Executive Session adjourned at 8:28 p.m. and the City Council
reconvened in open session.
.ADJOURNMENT:
~
With no, further ,b~sinessto come before City. CounciL at this
tJ.meci ,-, -9.; -Jllotion. .was ,made by Council Member Lewis ,second.ed' l:,>y
CouncillVIeml:>er Rusp.i.ngtoadjourn. The meeting adjourned at 8: 30
p.m. _0
- .\..~.[
Bill Watson
Mayor
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CITY ,COUNCIL.REGULAR SESSION
MONDAY, JUNE. 27., 1994
MONICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
The City Council convened ill Regular Session in the M:unipipe~
Building (3800 University g'oulevard) on June 27, 1994, with the
followin,g members presentLMClyorW~tson pre,siding,CoU1?-c:il"M~J11beJ:s
Rushing, and Lewis. The City Manager, Ci'ty. Secretary ,City
AttorneY,<cEi.nance . Director, ,Public Works .' Di-reptor ,'Police'Qhief,
Fire.!;hief,Buildirig Official,andParks.,and.Recreation. Director'
'werealso:present. ',)'IayorWatson,4el~ver~d~ithe-.invbcati'Onand.<
Counc:il..,M~IiiberLewis .. J#~ " ;the'Pledge.pf.~legi.ance . Counc4-1....,
Membe!:,s .!:Ogle~ andMcCandl.:~ss ~~re absent.
. -. . ".-,
CITIZEN'...COMMENTS:,
-: ~:,
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Joan McCay, a resident at3()29 Carnegie, complained that she was
n01;not;.ifiedabout,the meetings,he.ld by,theChal:"ter Review;,.,
Commi.ttee. She felt -that many of the residents i'nWef3t,Uriiyerflity
Place were unaware of an election being ordered to submit proposed
charter; <\lme~dment~~to'<f:he v-9ters~ '
-.:.:..'.,,':". ,,~.;--:"""::"'-" . .
Bob Higiey', a resident at .633'9. /Belrn()nt..and,~ainnan.. oiS.nt~~,~c9J;1Cl.rter
Review Committee, stated thatagen<iasforeach meeting of the
Chart~:r;i:Re'Yp.ew ,.Gommi,tt:~~weP:A"pqf3,tedand . ~h~t".c,i.t:.ize~~~,!~pe'F,' ..,..1
involvea in the discussions:;p.f;:tpe P;rQp9s.eQ:;amendment-s .c.',tii~~~:t'8(:):,,:
explained that Public Hearings would be held for all residents to
di'scusJ?5,'1:.11~'(amep.dm..~;nt:'E:l"'.. Ar f.('" ""<C""-'"'''' ',r
f.u r:,~~fT;;-t.!\ ~~:
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~~:-~_.=-,;' .r:~J3>\}ht~f(j _~~: :.--;,.~,~ ~;,:;~._~_;-:~~"'f _ ::..~. ,:<'~.~~"-';'-;:'-;'.! ". f-!-'~z:::;~-~;'\J-r-1:.
PRO('!J";~M1I.TION . SUPPORTING N2\TIONAL .l'Q:GHT)i()'UT,~
cc>n~id~~ati:q..It"W?sgiven. A:o, 'a:~1?~oclamation {:hat c$upport~scJlNa.t:a.'PJ;laa
Night:i':Qut;9~;August' :~ir"J.;9~j4~,:, ,[ ",; ---
Mike Ea.SoIl."ca, resiqent ,at 3323 B1S$Onnet and Chairman of the
Sentinel; ,caul>, requested that .theClty, Council accept, a
Proclamation for National Night Out. He stated that the Sentinel
Club was planning to have free food, drinks and swimming at
Colonia;L Pa,~k,fQrall WestJJniversity Place residents.
A motion was made by Council Member Rushing" ,seconded by Council
Member Lewis to accept the Proclamation supporting National Night
Out on August 2, 1994.
The motion was voted on with the followingre'Sult:
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Voting Aye:
Mayor Watson, Council Members Rushing and
Lewis
None
Council Members Fogler and McCandless
Voting Nay:
Absent: '
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City Council Regular"~~~sion, June 27, 1994
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ORDINANCE CALLING SPECIAL F.r,F.CTION' FOR AUGtJST :J ~ .
1qq4
Considttr.atiori,was given to Ordinance No. 1482
'Mayor ~~7~on,;"read. the ~ caption, as f~~~ows:.
AN ORl)'INANCE"ORDERING "AN ELECTION 'WITHINTHE:CITYOF WEST"
UNIVERSITY' PLACE, '.TEXAS:;:'-'FOR 'I'HE13TH DAY <OF ,AUGUST, 1994,POR 'THE
PURPOSE OF SUBMITTING "PROPOSED ;'CIlARTER ''AMENDMENTS TO :'~UALIFI-ED
VOTERS 'OF"THE CITY;':'DESIGNATING :PRECINCTSAND:POLLING':PLAC?S;"
APPOINTING ELECTION OFFICIALS; CONTAn~'ING'-FINDINGS AND 'OTHER
PROVISIONS RELATED TO SAID ELECTION; AND DECLARING AN EMERGENCY.
Copies of ,Ordinance No. 1482, in the form required; for~adoption,
were available to all members of the City Council.
_, ,f ~ ' _ _; ~
Jim Dougherty, City 1\ttorney ,-reCOmmended thefollowirigchanges ,be
made to Qrdinance No>1~82,: '
-'0: ~-5,~.'
.' <..: 'C..~..! ':'f-.,.. "'_.
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Change Charter Amendment No. 1 - Iil 'the first 'clause:,-- add the- ;
words ",two year terms II for the four Council M~mbers. Change,
Amendment N0~" 1} ..to>Ameildment'No. '].A - (' '. ", .,~ ..
~::;.~--'~., ~(;'j <;' ).'::". - .. ~~"'-'::.' i.'" '. ';~H' ""_' .....,;:~._
AddChart.er 'Amendment','No.1B -'Thi's~~i1;1 ala.ow)voters~ bj~;';approve :
a~:~~~~~~~~:~~~~~~'i4"~~'~~'~;~~~~~ 'Membe~~:-':."~~::" ", '-,: ':'<:~>;'_:,,':':::~:~'~~:'~:~'-
Add a phrase at the end of Proposition :LA and'1.~"asJ:fola;bws~;';,,-"~If "
both,amendments are approved by the voters, the amendment
receiving ,the highest ~ll~e~ _,offa,v()r~:I:~ v()t,~os, shCl,~.l P~~v:~~)",., ,~d
the other ,shall be of n(jf;;.E!"f-f~c:t..,.->~,::~ :."-"~i" ',:-,~:V'~ ", ::,,',', ":'::-:';;'i#i~!:;;:.W;1--::
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Change .-charter ,Amendment No.. ,: ~ ,;,. Afte:r'-~ the 'f;i~st cJ:-aus~f:aad?.:tine'"
phrase, City Manager shall establish compensa'tion '~"-wit-hin;~hudget;'
limits set by the Council". Add a clause to Amendment No.2 -
"Require th~ City-Manager t-o ;des'ignate a qual-if,ied person to
perform theCit:y --Manager's' duti:es during an aDsence or inability".
A motion was made by Counci-l Member Rushing, seconded' by Council
Member Lewis to approve Ordinance No. 1482 with the City
Attorney" s recommended, amendments.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing and
Lewis
None
Council Members Fogler and McCandless
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City Council Regular Session, ,June 27, 1994
l
ENGAGEMENT OF ARCHITECT FOR COMMONITY RTTTT,nTIil'C-: 'RF.R'1l'RTT.T<J1ATION=
Mike Tanner, City Manager, stated that the City Council had been
provided a copy of the contract'submitted by Mitchel).. 'Ca~lson & '
Associates to provide the architectural, engineering and interior
design services for the Community Building Renovat10n project.
A motion was made by Council Member Lewis, seconded by Council
Member Rushing to accept the contract from Mitchell, Carlson &
Associates and authorize the City 'Manager to proceed with the
design for the Community Building renovation project.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing and
Lewis
None
Council Members Fogler ,and McCandless
CITY COUNCIL MEETING MINUTES:
1\ Consideration was given to the minutes of 'the following City
lJ Council meeting:
(a) Workshop Session conducted on April 25,~994
(b) Regular Session conducted On April 25,1994
(c) Workshop Session conducted on May 9, ~9'94
(d) Regular Session conducted on May 9, 1994
A motion was made by Council Member Lewis, seconded by Council
Member Rushing to approve the ,minutes of April 25, 1994 and May 9,
1994 (workshop and regular sessions)as presented.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing and
Lewis
None'
Council Members Fogler and McCandless
COUNCIL COMMENTS:
~
The City Council expressed their appreciation to the members of
the Charter Review Committee.
3
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city Council "Regular Session, June 27, 1994
ADJOURNMENT:
A "mot:idnwa.s "' 1l1ad.~
MemPer,Rush.i.ng,tQ
sessipn ~<i5euBie(:l
by CQullcilMemberLewi.s., seconded by Council
a.gjol.l,rnto,the workshop session. Theregular
at 7:"58,p:.m.
Bill Watson
, Mayor'
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, JULY 11, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:00 P.M.
The City Council convened in Workshop Session in the Municipal
Building {3800Univers:i.ty~oul:evard)on 'July 11,1994 ,with the
following members present: Mayor ,Watson, Council'Members
Rushing, Lewis and McCandless. The City Manager, City Secretary,
,City:AttorneYI 'Firiange 'Director, Public.' Works: Director/' Deputy
PublicWorks"Director,,,Polace'Chief,FireChief, Parks and
Recreation;Dii['ect'9r ,;aIldoBuilding:,Official were . also, present .
Council 'Member,Fogller:,;wa's,'absent~'. '.'
r." .-'
The City Council reviewed the regular meeting agenda and
discuss,editems:underconsiderationwith the Staff.
...;-" i--" --,' ~.
The Mayor'sta.tedthat tl1eTri""Sports organization's request
concerned".'bwb items.:,'
1.
2 "
Lig~tsattheScout., House playground
So'ccerfJleld ~:and'jre,,,,'alignment ,of::other play,tng fields at the
elemen'ba.'ry,,}schoow-',pla,yground
~~.r ::..:.'::':T.L ~t;:'_ :.1:cf ~-_;
"'_", ~- .' .--:"" -r._ ~.-.- r" ._. _.",
. J:_';-;~;~_ -~- _;;; . - "'c'
The ,Mayor 'as~edresd_den:tsW'hb'w:i.,shed<toaddress nthe city Council,,' c
reg~a~~g)the " a,9";Ii~a"dl.tem:,con~e~'ing,'f~eldlight,ing bids to make
the1rycommen:tS3'dll-lrl.ng::ne.;i::regu'la1r.. 'S'8'SS7~n~" ,
Mayor Pro T~m Rushin9 stated that he was in Iavor of tabling this
dec.i!s:i-Pn>pending, a':c:l;efir~r 'unde17starrding .about1l0w','theprqposed
lightingexpendittur~i}r,elat:es .to .:Tril.,.Sports . request . for lighting
on"otiher'f'ields., . what Tri....Sports 'priorities are--and also to give
residents :an,;Opportunity,to:v.oice"their opinion.
Council Member Lewi$<statedthat'she'was in agreement with
Counci:l Member'Ruslri:ng's ,request~
Mike Tanner, City Manager stated that at the May 2, 1994 regular
Council'meeting,.tller~>"wasa directive issued by the Council to
gdf()rward.wi,th't:he~i:ddiny process. Ken Sparks, Tri.-Sports
member, offered partial funding for the process; $2,500 from-
soccer and $2,500 from softball. The City went forward with the
biddingprdcess and now, the City Council has the bid results to
consider arld'possibly approve.
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Council Meffiber McCandless stated that he made the motion at the
previous meeting (May 2, 1994) to allow the City Staff to seek
bids and that all the City was doing was obtaining cost
l ( 'J . HI!.
City Council Workshop SesEl~on, ,July 11" ,19'94
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estimates.
Mr. Tanner confirmed withMr.:Sparks, via telephone the previous
Friday, that Tri-Sports wascont'ributi:ng $5,000 to the City's
budgeted amount for , bidding purposes.,
Counqil ~Member McCandl,essstated. that _,the "big ;picture" inclUdes
getting fields at the Stella Link location and the YMCA, then the
fields in, the City would be utilized cby the younger players and'
the newly acquired fields would be ,Jut,ilized .by'uhe older players.
Council Member Rushing stated that both the lighting ~ssue and
new field acquisition should have their costs examined iIi depth
because he felt that they were related, to a certain extent.
Mr. Tanner ,stated that he ,believed the bids received on field
lighting were valid for approximately 60 days.
-:' . ~ , '. . >-' ~
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Council Member McCandless stated that approving a plan for field
lighting: 'an~ ,eventually 'acquiring ,the "YMCA property would,.atthe
very least, increase property values and enhance the City'S
attractiveness as a whole to potential"new residents.
J!'~ -~: ...:;~-
Council Member Rushing s,ta'ted~that, when t:,he Council ,moves'to
table a decision on the bid issue, he ,supported . the ,Counci'l
making a brief explanation as to their action. Obtaining a
generaL ,estimate , on~"the 'co,st'of lighting and,fie.ld acquisition,
to~eplle~1'wc>uld be ':b~~ef:i<!:i:al,~o ::that ,:the. :Council..is in. complete
understanding as to the reques;ts Qfo,.\Trar;Spo.r.ts. ',and"~can -verify
that there are funds available for such requests.
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Mr. ;-:'l'-.ann-er :related an.,qpt,iqua -,in which :funds :could be ,obtained ,to
finance )..ighting.,and f;j:eld,'acquisition; capital, improvement fee-
assess eachregi-stered player a flat fee in .order to reimburse
the -City for its expendi:t~ure., :He asked ,the Council Members
present if they wanted the City Staff to begin discussions with
Tri-Spor.t:s and explore the costs of lighting and field
acquis1tion, as w~ll as Tri-Sports fin~ncial commitment to such a
project. "
'- { -"
~'~;~{:'"-
~ouncil Member Lewis s~a~ed that something of this magnitude
might do well to be put on hold ~ntil the budget process for
begins.
1995
Mayor Watson stateo. that. the Council should not delay their
decision that long and prevent results from being experienced
during the current fiscal year.
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City Council Workshop Session, July 11,19.94
A resident asked ifaqommitment of lighting in some..form or
fashion for ,the elementa:ry. scp.ool fields could be used as
leverage in the City's use of field space at Stella Link and the
YMCA .
Mr. Tanner replied that the City already had a commitment on the
use of field space. He stated that in most suburb cities, a city
or cOllntybears tp.el)~nt;pfr:esponsibilit\yfor sport facilities.
The.s,poPts . oJ:"ganizatioJlfj '~re,. ul:?ually ,just res.pons:i.bleforthe
most rOl,ltj..nema:i.Ilt~naIl(:!e:i,s.,uchas dr~gging-an<;i li.ning,tb,e . field.
He statedJ:'l:1athe,believ~dthe City hadanobl,igationtoprovide
cert;.ain:~aci;I_it.i~!3' ~()r: ,its: ;residents, otherwise they were in
danger of losing residents arid potential residents toot;.her
communities which provided such facilities.
Ed Menville, Public Works Direqtor".:statedtba1:. the;earliestthe
City could obtain bid estimates ona whole package would beth.e
second 4::oup.G:L;l me~~;ing',AP. ~ugu.st,:provided_t,heCi ty Staf fwas
given all pertinent data (technicalspecificatio~s)nee<ied.from
Tri-$ports to obtain bids.
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M:t>. ..~~pne;r~:r~po,rtedtP-at.it.t;.he . Council ,approv.edth.e-.b~idf(i)r
lfghtillg..~t.Fields~A:&4l1,then_; cthey could,apceptabid,minu's
$5 t Q,O.Q; j:w):lich.is 'r'ri-::$pOlfPSccntrtbu t,i-on."
~~: F~~ ::::)6fj "_'C (';- 6-' r . :, " , .
coun.c,.d.~~MemRe.r .Le_wiS:j~ad~es,'s~,~ .the~ )issue>Jofpnl;y fal.1:owi,hg;jWes.t
Un,iy:eJ::!3,i-b__Y::x;r;::...es.ident;s.:tl1e us,e;,::Qf: the element-ar;y schoolfi;~lq.s.
~~'~~E.i:Zi;,_;;::r.2:.~\' ~_.;" -."" . ;-;":r ' ~
Ci t;.Y>~1;.~Q;gt~Yjf~ ,Jim ,P9Qgb.erty. ,;s_tated:tbat ~the" c~G!i.t:Y'sliceIl,$,e,
agreementw:fth HISDda.'4not;spec,if';ica1.1 y addres,sthe issue one
,way or the other; however; he did believe that the licens.e
'agreement. l1.adan:on-:dioac)Z'imlina;tion, 'clause.~
, .-
" _.:..~/<,;0_ ."~:: ".r
Mr.-;rWa~er.a.dded,t-hCi!t.HlcSDhas ,made it clear to .theCicJY in past
diSlcus:s.!ions.,..thatthe"Cit.y can "never have a truly exclusive .
playgrQundor playing!ield~',.
-.' .
CouncilcMember<Lewisstatedthat the only field lighting. .and
improvements that need to' be considered by the 1994 budget should
be the<lightsforFields4A&4H. Any other improvements
requersted'by Tri-Spt>rtsshould be left to the next fiscal year
budget.
Council Member Rushing stated that he was not opposed to any
request from Tri-Sports; however, financial and, social concerns
should be examined in detail before action is taken.
The City Council agreed that a workshop would be held on August
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City Council Workshop Session, July 11, 1994 '
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1, 1994 at 7:00 p.m. to allow the residents in the 3700 block of
Rice Boulevard the opportunity to address the field lighting
issue.
Mayor Watson recessed the ~orkshop session at 7:30 p.m. to
convene in regUlar ses'fd'On.'
At ,8 :20' p..m. ,Mayor Wat'son .reconvenedthe' workshop session with
the following present: Mayor Watson' presiding, Council Members
Rushing, :Lewis 'ahd McCandless ~ Staff members present were the
City ';'Manager,' City ,Secretary, City Attorney, 'Public Works
Director, , 'Finance Directcr, Police Chief, Fi.re Chief and Parks
and Recreation Director.' ,
REPORT .ONqHARTER AMENDMENT m.ECTION:
The Ci~y Council 'considered arep6rt crt the charter amendment
elec,ticn,aIid costs.,
Mr. Tanner stated that the Charter Review Committee was going to
meet the ne:itday>to,discuss,and,finalize ,the information package
te 'be .sent ,:,to recsidents . ,They hoped to mail out the 'package '
later in the week . Mr. Tanner advised the: 'City Council that ,he
felt neither Staff nOr members of the Council should be present
at tlie';..Jfirs:t'public heciring (July 19,1.9'94'l bec'ause typi-catly.;
City ,st.:cf:Bf ''-'and,,'the C.ounci'3/do not take a' position en matters such
as the proposed charter amendments. He stated, in many casesl
City COUl:'t'ci:ls in,c>'tli:e;r't:it1i.es' have :been seen':as 'taking sides on
amendments'uto ':benefit":t.hem >or :theircity staff. '
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Kaylynn Holloway, City Secretary, dist-ribu't-ed' a listing of '
estimated co~tsfor the charter amendment election. She reperted
that~he entire election ~rdinance must 'be'pr~nted and pub~ished
in Spani:sh;' \~:lS well as in English. Ms. Holloway stated that the
initiation Of PCBT counters has increased the cost of voter
rental equipment significantly. The increase in rental equipment
weuld ".permanently affect the cost of future elections , the'
estimated cost for an election ,would be at least $6,000. She
stated that the new ballot counter will ,count 3DO ballots per
minute, as:opposed to the old way of individually placing ba~lots
into a counter.
PURCHASE' OF REAL ESTATE:
The City Council considered matters relating to the acquisition
of real estate located at 3826 and 3832 Amherst Street.
[
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City Council Workshop Session, July 11, 1994
Closed Executive Session to be held under Section 551.072, Texas
Government Code.
The City Council convened in Executive Session at 8:50 p.m.
Members of the City Council were present (except for Council
Member Fogler) during the. Executive Session along with the City
Manager, City Attorney and City Secretary.
The Executive Session adjourned at 9:07 p.m. and reconvened in
open session.
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 to adjourn.
The workshop session adjourned at 9:27 p.m.
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL REGULAR SESSION
MONDAY, JULY 11, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:30P.M.
The City CounciL convened in Regular Session in the Municipal
Building (38.00 University Boulevard) on July 11., "1994, with the
following members present: Mayor Watson~Council.Members
Rushing, Lewis and McCandless. The City Manager, City Secretary,
City Attorney,'..'" Finance 'Director , Public' 'Works Director , ,... Deputy ,
Public ."Works/DirectorjPolice Chief ,Fire Ch:ief ,Parks and
RecreationOir-ect-orand Building Official were also, present'.
CounciL: Member; .Fogler was absent. .
CITIZENS', COMMENTS :'
Jane Huckeba, a resident at 3131 Lafayette and a representative
of the w.u. Soccer Board, came to advise the City Council of her
organi:zation's"Kick...Off II event.' The event is a soccer match
between,iBritishsocce:r coaches'and';Rice University SOccer
players. She left flyers with the Ci'ty Council advertising the
event. -,
'''-..
DorotbyRieger, a resident at 6516 BrbmptoIi, addressed her
concerns ,of .'.losing' Ci tyserv:ices" .suchoB.s. s0lidLwa:s-te'
collect.i.onldisposal'; and water service to other 'entities ,i. e .
private'con~ractorsTand' ...the.CitY',of ,Houston, respectively. She
also voiced her di.sapprovalto .non-residents being'members,on,..the
vari()us"Cit}Dc$mmi'SsfuonfH'comfilitt;ees;Candbb~t"ds.'MS.. Rieger
addedtnat:'to"her:understanding 1 ..0,... one' of 'the'prepo'sed' charte!I.'
amendttlentswo~ld'al'low non:..residents;"to serv-e.ifts'Uch a capaci,ty.
. ~ ~
MayoriWats6h repliedthat,'t~eCity would lO~~i"intothe ma'tter.;
Before various residents expressed their comments regarding the
bid for field lights at West University Elementary School,
Council Member'!PoinRushingaddressed the concerned citizens
present..
Council Member Rushing stated'that the Tri-Sports organization
had presented a request for field lighting and renovation for the
west end of theschoolplaygroundi in addition to their previous
request for fiEnd lighting for the east end of the playground.
Mr . Rushing " further stated that the Council wanted to receive
cost estimates for both requests before making a decision on
either one of them. He also stated that the City Council was not
currently in a position to authorize the use of City funds until
both projects were thoroughly reviewed and additional funding was
donated by the Tri-Sports organization towards both requests.
'lj 4., ,~&11
City Council RegularSessioa,. July 11, 1994
City Attorney, Jim Dougherty stated that the City had recently
negotiated a renewal license agreement with HISD; however, the
agreement, excludes Paul Wallis field and the Scout House
propE':!rty . Mr. ,J)ougherty stated that the renewal license
agreement has yet to be ' signed. '
, , ,
counc~i MembE':!r RUsh~hg summarLzed by saying that since the
comprehensivel~ghtingrequest from Tri-Sports was presently
unavailab,le~nd,thefact that the renewal license agreement is
yet unsigned, the City Council was going to table its decision on
the bids presently set for consideration. He concluded that upon
the Council receiving a total report from Tri-Sportsa~d hearing
from the residents in the 3700 block of Rice Boulevard, the
decision would be tabled.
. . ,--
Ed Menville, Public Works Director reported that he believed the
bids alreadYreceiv:ed were valid"~ for, a period between 60-90 days.
.-- . ," "
' ~' , . . ( ,
Charles Regan, a res~dent at 3735 R~ce Boulevard stated that he
agreed withCbuncil Member Rushing to obtain further study on the
issue. Mri R~gan'r~ceiV"E':!d notice from his, wife that HISD agreed
toa study oftl1~"field ,lighting affecting the: 3:700 block of Rice
Blvd.,ap9 a s~~equent meeting would occur to advise residents of
.tne,;s,tudy. He;@.E:!st;:io~e(:Lwhy ;ameeting ha.snot, been scheduled.
Mr -:-;R~gan~.f?~'c~tt-ed"that residents at, the s0uth side of_ the 3700,.,
block<;>f ,Ripe l3l vd. ' ,were not:::,be.t~g, proper IviI;iformed of such
importa!l1:: ,apt;:ipns, $iS the ren~waAlipense agreement, negotiations
Wi~9.l~~D. ,H~=;1?~ated.that theCity,:Council SbOl;lld' ensure that
any major change regarding property use at the school was
present:-ed,-:,to-tne,;resid~ntsatthe 'soutl:!. side ,of the 370,0 block of,
Rice in a timely manner for their consideration. '
David Allums, a resident at J115:-.Rice Blvd:. ,;requested a workshop
dedicated to. the sole concerns of the 3700 Rice Blvd. residents
regardin.g;: :thi-s issue. . .
Marshall,Gr,aham, ares;ident ~to ;3711 Rice Blvd). asked that a
representative of the residents in the 3700 block of Rice Blvd.
be present in the future during negotiations with HISD so that
their. interests are taken into consideration.
Valerie Turner, a resident at 3707 Rice Blvd. stated that she
believed field lighting presented the following problems to the
affected residents: decrease in property values, excessive noise
during,evening hours, unnecessary brightness and possible
standing water problems resulting from the installation process.
She, stated that she is in support of a workshop on the issue.
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City Council Regular Session, July 11, 1994
'". ......
Mayor Watson addressed the notification issue to the affected
residents-~ He stated that the City could not send "special
letters" to the residents in the 3700 block of Rice Blvd to
notify them that the issue of field 'lighting was going to be
discussed. ,He 'qUestioned the 'authenticity of the claim from many
of the residents present that they truly ,did not ~now the City
was' planning ,on installing field lights. Mayor Watson stated
that agendas ,listing the' issue' 'were posted 'and' the only thing
the City Council has done atthis',time 'was to authorize the
bidding proce~s.
COuncil 'Member' Lewis stated that 'this was not meant'to be a
controversial issue. She further stated that the City Council
was in "an information gathering process". The City Council has
the 'interests of residents in the 3700 block of Rice 'in mind.
Mrs. Lewis added that the City Council wanted to consider the -
field lighting issue', which could :inevitably have a cost in the
range of $200,000, in the greatest of detail and they did not
take the responsibility lightly.
CouncilMem6er-McC~naless toid~th~ concerned citizens that the
City Council.needed to find out what the "bottom line" was.
~,,'.. ; - [\ .. -... ~. '.~ -'. .' '~.'
Ken Sparks,: a' resi:dent 'at' 351.4 GeorgetoWn expressed his desire to
correct some misinformation about field lighting to the Rice
residents. ,~e ,addressed tb~ ~uggestion of using Pershing fields._
The":f'i:eJ~d, 'aize,s"'jTere- de~slgrre~: f6r"61aerchildren.';T~~ bhly smsll,l"
fiel,ds 'were ~io6atea'~t,:the S~otit"House p.nd'Field '5 for us-eby:...:.il :
socdci:- piayers.' ,He 's'tat~'d:tha:t the:Oupcoming'soccer ~seaimn wi1I'
have to do without lighting for the time being . The other':'> :
suggestion of using the Stella Link location was inadeqUate ,
because the desigri plans" call" for a large' so'ccer field, with two
sideways fields, for use by, players, ages 8 and above. Mr. Sparks
said that players, ages 5':"'," will not have any fields over at the
Stella Link location. He went on to say that 900 children play
soccer in the YMCA programs and they will be sharing the Stella
Link fields. Mr. Sparks seated that at the present time, there
were approximately .800 Wes~ University c:i1il?ren involved in
socc'er. In terms 'of contributions, both soccer and softball have
volunteered:$2;500'each, for a total of $5,000 towards field
lighting. The initial cost estimate of $45,000 for field
lighting is now in the range of $32,000 and the City would only
be responsible' for fundihg$2'7,OOO'of'that'cost. Soccer has
budgeted $19,000 to upgrade the Pershing fields and softball has
just spent several thousand dollars to improve their infield.
Tri-Sports has spent $23,000, plus an additional $24;000 in
assessments which were donated from sports organizations to fund
improvements and pay expenditures on rehabilitation. They do not
3
J.OO. cf
City Council Regular Session, July 11, 1994
rely solely on City fund~. In HISD renewal license agreement
negotiation:s, Tri-Sports was told that they must open their ranks
to non-resident, participants who are students at either West
University Elementary or Pershing Middle School. Mr. Sparks
stated that 'there has .beep. an explosive growth.inyouth sports.
He stated that he has s~envarious'other commun~ties with
sporting:fac;;ilit;iesfqn~ed ,by cit:Les and counti_~s." He voiced his
belief that't:J:1e,Citysh6uld balance its expenditures for the
seniorcitizenqommunity with-'that of the City' s youth.
Patrick Dugan, a resident at 3719 Rice Blvd., supported the
request to cond~ct a workshpp for the residents of the 3700 block
of Rice Blvd. . ,
[
Gail Regan, "a resident, ~t 3735 Rice Blvd. 'spoke on the issue of
backyard privacy forxesidents. She stated that Tri~Sports did
not take thi:s into 'consideration when tl1ey requested field
lightiri~i'.' . , - '
BIDS. .FOR ,F~ ~IGHTS AT. ~'l" tJNIVER~T'T'V RT.~ll,'DV SCB'OOL=
, ..~.~ II '"... _ . II - _ ill' .. . II ..~-j .
Considerat~on was g1ven to b1ds rece1ved June 24, 1994 to light
West, - Uni v:er:S1Lty ,El,ementary, School,ball;fields, near;, ~dloe and
Goode~~,~,>::';.- '. .'," '. '. ' '; ,,' , '.', ',' ','
. . I.!. :. ~
- ..,.,.....- ,'" -. . - , ~
, Amot;ion 'Wa~:,',made~y: :Councii 'Member' Rushing 7 -' secoilded by ,Council
Menlber, ~Canaless to tab,l.e t~' vote' ,on a bid, award..for field",
ligh~Et al:~W~~t"Un:rversi1;:y' :E:1.ement'arY'.Sch6'ol ballfieids near Edloe
and tklod~.>':' '., ';"",.;' ',':' _; "<" ': ..'. '
Themotio.~ :-W~l:{ vot~'d on witJ:1:'the 'following result:
. ; ..~ . .
Votins ~r:e:
Voting. Nay:
Absent: ,;.
Mayo~~atson, Council Members Rushing,
,Mc~andl~ss and Lewis
'. None
Council Member Fogler
" ,
M~yor Watson sta1;:ed that~ workshop would be scheduled for the
residents in "the 37'00 block of Rice Blvd~ ana notific:::ation would
be made.
Gail Regan :stated that she has been chosen by her neighbors as
the person, to notify of the workshop and she will forward the
information to the affected ~esidents.
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City Council Regular Session, July 11, 1994
CITY COUNCIL MINUTES:
Consideration was given to the minutes of the following City
Council meetings:
(a) Workshop Session conducted on May 21 1994
(b) Workshop Session conducted on May 23,1994
(c) Regular Session conducted on May 23, 1994
A motion was made by Council Member Rushing, seconded by Council
Member Lewis to accept the minutes as presented.
The motion was voted on with the following result:
Voting Aye:
Mayor Watson, Council Members Rushing,
McCandless and Lewis
None
Council Member Fogler
Voting Nay:
Absent:
COUNCIL . COMMENTS :
Council Memher Lewis relayed her enthusiasm about ,the
advertisement for the Youth Council in City CUrrents. She stated
that she has received calls from numerous interested children and
that a organizational meeting would soon take place.
ADJDURNMENT.:
_A .' motion was made by Council Member Rushing, seconded by Council
Member McCandless to adjourn to the workshop session.
The regular session adjourned at 8:12 p.m.
Bill Watson
Mayor
Kaylynn Holloway
City Secretary
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01Y <XJUNOL \\ORKSHOP SESSION
MONDAY, JULY 25, 1994
MUNlOPAL BunnING
3800 UNlVERSnY BOUlEVARD
6:30 P.M
The City Council 'convened in WorkshopSessi()n ':in the MrinicipalBuilding (3800 University
Boulevard) on July 25, 1994, with the following members present: .' Mayor Watson, Council...' '
Members Rushing, Lewis 'and McCandless., The City Manager, City Secretary" Public Works
, Director,' DeputfPub1ic'Woiks Director, 'Polire:ChieI:ParksandRecreati()h'Directorand
BuildingOfficiaJ.:weremsopresent ' ' . -, .
AGENDA~
The City Council revieWed the 'tegu1i1rtfieeili),gagenda and discussed items 'under
consideration with the Staff.
CouncilMerimer:'F~~br;afriVedaf6i4:ep.~.".' .
. """-";;'0;.;,.-,.,,;- I_~~:-1~- '_.-.!~j - - .,;,\...~c.>:.:
MAT(ERS RELA'J]NGTOBIDS FOR mE INSTATIARON'OFGRli){JNDWATIm
MONl1DR WEll S:
::r."Tj~~_":,- V\f!:::(::fl
Mike'T~et, ;CitY'~Stiftect.tliat#,,,,Ork"~.'afixIuirement'of~eTexas Natural
Resources Conservation CommissiOiilll1lt~ei1)it1S?Were lInuc1i better'lliilil"anticipated.
Public Works Dir'eCt()r EdMenVilleSfared'thMbiSld~errtcliecked'Witli1helow bidder'to
verifY ,hisbiq.
~--.t.!k:~n ~>.< "
MATJERS REL\~G'{OBIDS,~~PlmKSWIMMINGPooL'BlJBBlE:..';
CoUt1cil MerrJ.1Jet M~d1eSS' asked~PijkS ~an(fReCreatioil1)irectorMatkMai1esabOutthe life
e~Cy'mtl'the~~c:e'..OOv~"t>f~~Pot1I'.btiHble.
Mr~'MailesrepliedtI1at.theIife~xpectancY WaS'appfuximately 10 yearS arid the City's general
liabilityp8licy woUla! cover the pool bUbble.. '. '. 'c.. , " " ,
J
Mt\TIERS REL~'nNGrowARNERCABJE RAm APPliCATION:,
"-,; ".;, - - . : : : - :, -_~fYf~~:--- ',:-:~'~ _...::: ,.-"- ;", -', '":';-;, ".:' -': "-::-0.' - ::') - ;".<:._'::' - -',: - - '-'. '.
Mr. Tanner stated that he would present the item during the regular session in lieu of the
Finance Directorsal1sen~'. ,Jle stated that the City retained its original Jurisdiction and with
that; the Cityhadt1ie~ghtto'reViewacable'rateappIiCation, verify compliance with the FCC
and Suspend the aPPlication for at least 90 days pending a complete review. Mr. Tanner '
stated that the City Council was being asked to vote on a motion to. extend the City's rate
review 90 days. Mr. Tanner commented that the City only had jurisdiction over the most
89.
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City Council Workshop Sessio1i;'.July25;:1994'
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basic cable rate.
Colll1:cil ~ember Mcqandless> addJ:-essed ,that fac;,thatWest University Place was being denied
a~ ,~othe fourrHouston 1\~,channels. , ,
Mr. Tanner expl~e(tthat;th~ cf~ ,~~earC9mgtIiehiStory of'chann~l aCcess in West
University and would be meeting with Houston Access c~elrepresentatives.
BIDS FOR SOTIDWAsrn MANA~.
The City Counc~ ,dis~s<?4,~iqs '~ived . July 2?;: J~4for solid waste privatization.
The,Public Works Director stated that the bid was designed so that the contractor would be
responsible for three categories to include the foll~~g:basic servi~, lig1J.t and heavy
composting, and recycling. The bids were subdivided into three scenarios: once per week,
twice~:~~~~~,:l;I9.~i~~~~'~~~<"--,, ';,' ";, : ."
The, City Manager 'specified light composting as grass and leaves and heaVy,comp<>stin.g is (
limbpjckqp., l{~c@g~~(ers~~O;~&~de pickup,. "He~ that ,the City's .bid included, life - L
cycle ooSts,~f~~1Y~~l~',:~~~~~ft3,I,;~p.l1:l:~t:~~~., ,,-,~,-'~.",' ," ' ,
The:~yo~/gu~0~~"~~;J?~Jbi4)fPm,~;W~ ~ent; :I~c. , '
Mr. Menville'replied that the specifications were written so that an award could be made
based on 'any component ,of each category. However, logic would dictate that the award
w9~~lPP~5~e:~~~thg~,'~~K~::9ftal!'~1llp0nen,t;s. :___ '
Me.. Tanner,statedthat:;th~~wqeexclusions frpmthebids sub~, Such items as landfill
., . ~ '. . . .." ~ ~. . .. , ,-' , .", . l. t1 . . . ,
operation 8nd,closure,-'excivaiion'niaterial,diSP9Sa1,~,and administrative Costs were not "
included in the bids. The bids submitted refl'ect basic cost to provide service. He stated that
the next step -was .for ,the-City,CoWlcilto ~ide if the nuormation submitted was sufficient to
make a decision' as"to Whcther'or not to pnv&u.e, contipue witli current pollcy or ch3nge to a
volume rate based system.
.~ :'( ~=:' > . ... ~ . :" . . . .. '.~
Council Member FoglerrequestCdarl' explanation for the bid amounts on Exhibit C (Sticker
Method) .'
. ~ . -
Mr. Menville explaip.edthatthe City's bid was based upon,the following assumptions: .1) the
City w<?uld have to generate from this,process a certain amount of money each month 2)
2
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City CoWlcilWorkshop Session, July 25, 1994
:giveeach household 13 stickers for $8.00 3) charge $1.00 per sticker foranything over ,13
stickers. '
Mr. Menville stated that a sticker systemencomages residents to reduce their composting'and
increase their recycling.
. , .
. ,-"-.:'" -. -.' "... .: ,- -, ,--\ : " - - . ~-... - : ::-.. ' . .
CoWlcil.Member · Fog!er stated that by foregoing privatization, the City. would ha~e better cost
co.,' ntrolover solidcwasten:mnagemen4 '
.. " .. - -' -.. ',- .. "-' .. " "..-
Froman administrative standpOint, Mr. Menville 'Stated that a sticker system would be
coI.llpI~'fwitl1 regarq totheitn,plementation process.tEve.rY ye.ar,modifications \\\,ouldhave to
be made based on the previous year's outcome.
MayorW'~oJ:l'41~ ..a$ .to.the.~~bilityofhaving.,a v9lwne ~edrate .withbags,lllstead
of stickers.
~ t.
_.:<;..;._:._:__ 0_LJ;..i:?-;:,.~-;';}-. -"'-_. f-;..,c.: " /-..>..-:: :'_'___~: ':"'__' ,',," _. .. _ _:. '. - _.
Co~cil~.:McGandl~..:su~.,~lg$g,tl1e...option.ofhaving~ificc()lltainers,
instead,'p.fbags,.. ...:IQf'oos.,.. .,i9garbage;':cO~g'and'feQYcling.'" '. ., i ; ,:
.. .. .. .... .. ... .. ,- . -
',,-,~-: ,'.'-{: .c._.'- .
Council MemherLewis .statedthat if that was what'residents. preferred" thenth~'City sh6uld "
provide the containers.
DepUt}),,~r 9f~ijR~o~AI~}~~:~tIut.spec.UillYj'eqqipped tru~.woul<i,
needtObeUtiIized toaooept :materiaIsin containers. ' .. [, .
GoUl!cA ..~~~SWrAjt1mt'sh~:didllotSl!PPQrt~ing stick~.$he ~er.statedshe
~'QePnm.g,~i(:'~ce.~d.its~~:4:().,resid.entsand then, no9fyingthem as to
~Was COQSideJ;e(Labovebasic&erVioo:andwould he.at;an additional cost. She
recbmmended ~~.town111eegngiO'~o\V~~ldents ~the opportunity, to voice their
opinions o.nth~issue.ofS9lid,waste~erit. "'..'
Co~~il'~'~oglerstai~f~shesuppprted a:volUIlle based;rate. She stated that the
only wayofep,C9uragiQg,re,cyclingwas,to have 11 "ti~~~" fOf what people threw away.
Mr. Tanner. stated that other cities were going the route of having a volwne based rate. system
andhe'~inJavorofhavingsuch a.systemfor.West University Place; however,..he said the
question was whether,residentswiILsupport it.'Jle stated that he felt residents would be
unhappy'withany change that. would "modify their.'behavior".
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City ColUlcil Workshop Session, July 25, 1994 "
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The City Council concluded that there was notany support for privatization. They requested
the City Staff to devise separate volume based rate systems which utilized bags and stickers.
--;:J,
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I IFf STATION )JEAU'lIFICATION POllCY:
The Ci~ ,~~cr,~cuss~ ,a ;lift, station ~ifi~i~I} policy and related I11atters.,
The City Manager asked the Council if they wished City Staff to devise a plan to beautify all
lift stations or just consider beautification on 4emandfrom residents.
-'!. l.~'.' ,~ .
CouncilMe1i1ber LeWiS stated;she supported beautification for all lift stations.' She favored
presenting a plan during the budget process.
, ,
MayotWatsonrecessed'the'wotkshopsesSion at 7=30 p~m.' to convene iti regular session.
At 8:05 p.rn., Mayor Watson reconvened the workshop session with the following present:
MayotWatson presiding,' COuncil :MeinbeJ:s 1wshirig, Fogler, LewiS and 'McCandless. ' Staff /_
members present were the City 'Manager; 'City SeCietaiy; , Public Works Ditector, , Police
Chief; and Parks and Recreation Director. L
; , ,;f[; .- <' :,~:;;~"~: ,>, ,,<,,;;:' ': ,.? - "':';.L:> ,'; '.' :;~> " " '
aJUNCJT, alMMENTS:
, Onthe:subject"of 1iTeen :Ceiltet;/COlUlcil Meriili~f~dlessstated that hesqpported
having a Teen Center. '" ,:..-'!' "'" '.' ;, '
CoimcllMem1JetLewis addre~s&hhe1~on issUe.;:' She stated1hat the'Cominuriity Building
site Was'veryooeqmite due to -itsrtxcellent acceSslbility.for participants 'as well as emergency
personnel ~d it being ;a'!'safe location'\" She statcil that the Center could not "wait for the
YMCA"~':" She Jin1her:statedtlm the :fust'organjzational meeting was met With excitement
from interested young residents. She acknowledged the potential loss of an oak tree in order
to establish Teen Center accommodations. She recognized Linda Day's suggestion of having
the Center 19ca1edat the Methodist Churcb or Scout FIouse~'however, she stated that would
encompass-the procurement ofadditi6rnilstaff,ai1d in the case of.the Scout House~ the
building had other priorities and considerations..
. ~ :- .. . '
Police Chief Steve Griffith stated that his department has had numerous calls for assistance in
the 'Community Building area and the proposed location for a Teen Center would alleviate the
burden on his department in dealing Withjuvenile Iriischief in that area.
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City Council Workshop Session, July 25, 1994
Council Member Fogler stated that offering younger ,residents a Teen Center with supetVision
would reduce the mischief occurring in the courtyard~
Cotmcil Member Lewis stated that having a Teen Center at the Comrmmity Building would
not involve the hiring of additional Parks and Recreation personnel. She contacted Linda
Day, via telephone and offered to discuss the proposed Teen Center with her. Ms. Day has
notreb..nn:ed Co~cil Member I.ewis' ,phone calls to date.
! ~r ~ . .' iI~! :. - .13 .. . L . ~ .'.
On the subject o{vacancies on boards, conlmittees and commissions, Cotmcil Member Fogler
suggested soliciting applications from interested citizens through City Currents.
Council Member Lewis stated that Susan Kasper, Parks Board member, bas offered to resign
\ her current post to become the Vice-Chainnan for the Tree Section of the Environmental
Issues Committee. She finther stated that Roger Pokluda, Vice-Chainnan for the Water
SectioQ, has offered to resign his post to assume the Chairmanship of the Environmental
Issues Committee.
Cotmcil Member Fogler stated there was a vacancy in the Recycling Section of the
Fnvironmental Issues Committee.
On the subject of a bond election, ,Cotmcil Member Fogler inquired about the status a'
workshop with Rauscher Pierce representatives which had been discussed in the past
Mr. Tanner replied that a bond election was on hold due to the charter amendment election.
He stated that he would 'be able to arrange for a workshop session with'Rauscher Pierce
representatives. He stated that Priority Area 2 was tmderway, Priority Area 3 should begin
within the next 60-90 days and the City had a balance of fimds that can be applied to Priority
Areas 4 -&'"5. 'H1efimd 'balance will be 'approximately 4.1 million dollars after Priority Areas
2& 3 have been completed. The bottom line is that the current administration has a
"significant platter" of capital improvement and special projects to deal with before their
tenure expires. He stated that the results of the charter amendment election of August 13,
1994 may change policy during the remainder of the current Council's tenure.
Council Member McCandless stated that he favored Bill Mackey's report from his tenure as
Chairman of the Capital Improvements TaskForce. Mr. McCandless stated that he was
supportive of taking recommendations in the report and putting them into action.
Council Member Fogler replied that she desired to get an expert's opinion on
recommendations in the Mackey report before the Council considered implementation of
1 report recommendations.
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City Council Workshop Session, July 25, 1994
The City Council decided to cOnvene a workshop on August 29, 1994 at 7:00 p.rn. and
discuss having a bond election with Rauscher Pierce. '
ADJOURNMENT:, '
With no finther business to come before the City Council at this time, a motion '~ made by
Council Member Lewis, seconded by Council Member Fogler to adjourn the workshop
session. ."-:~The meeting adjoumed at8:25p.rn. " ' f' '-"
KaylynnHolloway i'
City. Secretary
. ~f.: 1..
;~;.: ,~. "tti .~ ."~ 1" ~' ~~. \
\,' - ~,;
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. . . ~,.: t
~:) ~ ~.
..~q ---~_>f~: !~) "r'
Bill' Watson
Mayor
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CITY <DUNOL REGUIARSFSSION
MONDAY, JULY 25, 1994
MUNlOPAL BunnING
3800 UNIVERSITY BOUI.EV ARD
,,7:30P.M
The City Council convenedinRegular Session in the MunicipalBuilding (3800Univetsity
Boulevard) on Jilly, 25, .1994,'Withtlie following members 'present: "MayorWatson -presiding,
Council Members Rushing, Fogler, McCandless and Lewis present'Ihe City Manager, City
Secretary, Finance ])irector, Police Chief: Fire Chief: Public Works Director, Deputy Public
Works Director, 'Parks and Recreation Director and Chief Building ()fliCial were also present
Mayor Pro Tern Rushing delivered the invocation and Council 'Member McCandless ,led the
Pledge of Allegiance. City Attorney Jim.Dougherty was absent.
O:11YJiN,.~::
Dorothy Rieger, a resident at 6516 Brompton" stated that she was opposed to the proposed
Youth Center at the Community Building location. She did:notsupport'sacrificing'op{m'
space. She further stated that the proposed location would ruin the library and block
windows. ' '.
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~IDSFOR'IlJE INSTAUAlION.{)F'GJ1OOND WATFR MCNITOR WEll ~ ANni' ,
~mOBE~lI~~POSTS: . , ,,' ,
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ConSideration was given to bids received :July 1, 1994 for the, installation of ground water
mo~;;\VeQs';and hietlmne>ptt>De'tocatiOfi'fmatketpests;'3tthe'(Jity:JandfiU (9610 Ruffino,"
Road)J!" Ie ["
Thefollowingbids:wete>received:
Bandy & Associates, Inc.
RMf/Jones & Neuse, Inc.
Layne
Alliance Environmental, Inc.
, '
$10,495
$26,900
$57,200
$24,875
Public Works Director Ed Menville stated that the project was a TexasNaturaI Resources "
Conservation Commission (T.N.RC.C.) prerequisite for fonnalland:fill closure. He .
recommendedaWm"dingtnebid,toBandY,and'Associates in theal11ount.of$10,495.00. ';; ,
A motion was made by Council Member Rushing, seconded by Council Member McCandless
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City Council Regular Session, July 25, 1994 '
to accept the bid from Bandy and Associates in the amount of $10,495.00.
The motion was voted on with the following result:
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Voting Aye: Mayor;Watson,.Council Members Rushing, Fogler, McCandless and,
Lewis, '.
, ,
,:Voting Nay: None
Absent. , ., None ~~ :
BIDS FOR roLONIAL PARK SWIMMING POOl. HImHI F~
Consideration was given to bids received July 18, 1994 for a plastic bubble designed40 cover
the Colonial Park Swimming Pool.
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The follqwing,bids ,were,.received:. '
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Bidder
Air Structures American Technologies '
AOS,In<.:(:.,: ;7. r_C:; '<';~: /;': ' ,r,
YeaionFa'bnc DOmes--'- - .. "
Q.P.M,Inc.
$103,110.00
c{'$103 j870~9J: .
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'~", ,', '$'104 000 {\(\.
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, $137,921.00
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Pm:kS.,and,:R.ecieation ~"MarkM'ailes, ~mmendeci awarding the.bid for a pneumatic
'structure pool covering to Air Structures American Technologies in the amount of $103,110.
Council :MemberFoglerinqtiired if the new pool covering wassubstantiaIly :the same as the
current pool covering. .
Mr. Mailes replied the two coveritigs were similar and that the current bubble was just worn
out.
Mayor Watson asked if,the proposed bidder would dispose of the old bubble.
Mr. Mailes responded that if the City was unable to "trade-in" the old bubble, they would
probably ~be able to auction it off.
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A motion was made by :CouncilMember McCandless, seconded by Council Member Lewis to
accept the bid from Air Structures American Technologies in the amount of $103,110.
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City C01ll1cil Regular Session, July 25, 1994
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, McCandless and
Lewis
Voting Nay: None
Absent: None
WARNER,Q\BIE~RA1E APPIlCAlION:
Mike Tanner, City Manager, stated that the Staff was requesting an additional 90 day time
period in order to review the filing of initial rates by Warner Cable with the City. 'The
Federal Communications Commission (F.C.C.) provision allows the City to suspend the rates
for 90 days for finther study and review.
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Council Member Fogler inquired about the recommendation of the City Attorney to hold a
public hearing..' ,: .' , '0" -' ,
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Mr. Tanner replied ,that newas.nQt:sure that :conducting ,a publicl1earing was a requiremerit;:'
and 'fhat(.it was :n9tdearifthe'lleed for ,a public 'hearing existed. ~He :further stated :1'hat.;'o ,:"
Wamer-'Cable-.reta!nS,the rigbt:to~\1lnydecisionmade by the City l:egardingtheme'~ '
issue~-~.;~~,:.-:. '''~'~~.f','~~_dr ',)';... .,~ t;.(lf: ....1,. .~._ . ~. .f " .. * . '. .~. ~. . ~.
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Amotion 'was"made4>yCorincilMember' RuSliirig, :seconded'by Council:Meml}eF McCandless
to' in"v6~ea 90 day ,additibna1:;time per,iOd,caUowed?by.8ection ;23~l!32(d) ;of'the: Code of '
Ordiriances 1nordet)to-~er'~ the rate, application filed ,by ,Warn~Cable.
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The motion/Was voted{()Il;,withtlie follt>Wingiresulb;:
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, . V.oting A.ye:
~Mayor Watson, Council Members Rushing, Fogler, McCandless and
'T ~y;:~' , .
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,None,
None
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V.oting:Nay: .
Absent:
01Y <X>lJNOL l\'.IEEIING MINU1ES:
Consideration was given to the minutes' of the following City Council meetings:
a
Public Hearing conducted on June 5, 1994
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City Council Regular Session, July 25, 1994
b. Workshop Session conducted onJune.13,1994
c. Regular Session conducted on June 13,1994
Amotion was made by ColUlcil Member Rushing, seconded by CoUncil Member Lewis to
approve the. minutes .as presented. .
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:.
Mayor Watson, Council.MembetsRUshing,Fogler, Mceandlessand
Lewis
;None
None"...
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Cpuncil Meniber Lewis discussed the issue of the Youth Center. She stated that ;inprevious'
disCussion regarding Community Building renovations, the issue ofaYouth Center.was
included..Onthejssue\of'WheJXtol~etheYouthQenter,';Council Member.Lewisstated ,
that'untiha'~9(X;isionJuidbeen.'tl1adeaboutPossibly.pQrChaSing Y.M.C.A.,property,. Colonial
Park1\Y3S!not.:aviable:locatiom,,'!~heexplainedthatthe:Coll1l11unityiBuilding location was
close to the elementaryschO()land playing fields, easily accessible and there already was an
individual:currentlyonCityStatftodirect activities at the Community Building location.
Thel~taJ;get;'~lJP)foJjitheiiY~llth.,~center wece.qhil&enof"-roiddleschool age.':.,Even uthere
"were ;IiofOnnal;activitie~r,pI3Iftj~;on,[a;'daily;basiS,'various:items'such 'as.pool tables, ;ping
pong tablesand!lIlovies~w9~d~rovide,'theseicl1i,ldrenwith~,placetofUlang,()ut" and ..,. ,
recreational options. Th~,PoliceDepartment,has problems with mischievous youn~ in the
3reaan.dtheproposed )"ollthCenter wouldl'ielp'aIleviate:SU&13iproblem. .Theissue 'of,
overtaking green SPace in the.. courtyard. area to addneededspacefor the Youth Center would
servetobeIlefitthe,;seni~F~i~:POpulationas well. Whencliildrenare notutilizing'the
Y outhCenter,seniorSwould lmve extra space to conduct their activities. Council Member
Lewis stated that City. Staff was researching the possibility of deed restrictions on the
property. and at the present time, there appeared to be none.
ADJOURNMENT:
A motion was made by Council Member Lewis, seconded by Council Member Rushing to
adjourn the regular session and reconvene in workshop session.
The' meeting adjourned at 8:02 p.rn.
Bill Watson
4 Mayor
Kaylynn Holloway
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, AUGUST 1,1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00P.M.
The City Council convened in Workshop Session in the Municipal Building (3800 University
Boulevard) on August 1, .1994, with the following members present: Mayor Pro Tem
Rushing presiding, Council Members Fogler, Lewis and McCandless. The City Manager,
City Secretary, City Attorney, Public Works Director and Parks and Recreation Director
were also present. Mayor Watson was absent.
BUDGET AMENDMENT AND PURCHASE OF PROPERTY AT 3832 AMHERST:
Consideration was given to the purchase of property. at 3832 Amherst and all related matters
including a budget amendment to appropriate funds if necessary.
Mike Tanner, City Manager , reminded the Council that they had agreed to improve and
expand the Public Works. Center. in the fiscal year budget. Mr. Tanner stated that there are
three lots that the City' is interested in acquiring that will permit the City to provid~ some
services that are . difficult to provide now.> Over. a period of weeks, the City Council has
discussed the purchase {)fanavailablelotat 3832 Amherst. The. City Council had given the
City Manager an opportunity to negotiate the purchase of this lot. Mr. Tanner stated that the
owners of the property have agreed to sell the lot to the City for $145,000. The City
Attorney bas reviewed the icon tract documents and they meet his requirements. Mr. Tanner
requested that the Council approve a motion to purchase the lot.
A motion was made by Council Member Fogler, seconded by Council Member Lewis to
approve the contract and. to . authorize the City Manager . to proceed. with the purchase, of the
lot at 3832 Amherst for $145 ,000.
The motion wasvdtedon with the following result:
Voting. Aye: ; Council Mernbers Rushing, Foglerr Lewis and McCandless
Voting Nay: None
Absent: Mayor . Watson
WEST UNIVERSITY ELEMENTARY SCHOOL PLAYGROUND IMPROVRMRNTS~
The City Council discussed West University Elementary School playground improvements
that support youth sports with residents in the 3700 block of Rice Boulevard.
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City Council Workshop Session, August 1, 1994
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Mayor Pro Tem Rushing suggested a process on how the playground improvements should be
discussed. He asked that Ken Sparks, representing Tri-Sports~ to begin the discussion by
presenting the Tri-Sports plan to everyone in attendance. Following that presentation, the
residents would be able to address the City Council.
,Residents from the 3700 block of Rice Blvd. complained that the Workshop Session was
presumed to have been called so that they would have an opportunity to present their
viewpoint on the field lighting and that Tri-Sports had already been given the chance to speak
to the City Council.
Council Member Fogler stated that she would like to first hear from Tri-Sports because she
was not present at the meeting when Tri-Sports had presented their request to the Council.
Council Member Lewis stated that she felt it would be beneficial for Mr. Sparks to present
the Tri-Sports plan so that there was not any misunderstanding about what the Council is
being asked to make a decision on.
Mayor Pro Tem Rushing stated that he would like the request presented again. He, stated that
he had heard the plan once and Council 'Member Fogler had not heard it at all. Once Mr. L'
Sparks has presented the plan, the residents would have the opportunity to address the
Council.
Mr. Sparks presented a chart that showed the number of players and teams for the last three
years. The Soccer Association now has a waiting list for players because they can not
accommodate all of the players that have signed up. 'Mr. Sparks stated that with the loss of
'the Brompton fields 'and the increase in the number of players and number of teams, Tri-
Sports is facing' a crisis because they are "scrambling" for field space.
Mr. Sparks stated that by lighting the Scout House Fields (4A and 4B), it would allow the
teams to have longer and more practice times and more teams so that children are not turned
away or put on a waiting list to play sports. The Pershing Fields are fully utilized and are
for the older children. The Pershing Fields are not available for soccer in the Spring until
about 8:30 p.m. Mr. Sparks reported that there are 14 teams that want to play Spring
soccer and they will start there practices at 8:30 p.m. The Stella Link redevelopment is
approximately three years away. Mr. Sparks stated that he participated in the compilation of
the master plan for field sizes at Stella Link. The field sizes are geared toward the older
children.
Mr. Sparks stated that another rationale for the' Tri-Sports asking for field lighting is the
scarcity and high cost of land in the West University area. It makes more sense to utilize the
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City Council Workshop Session, August 1, 1994
existing space and land that is available now and extend its hours of usage. Mr. Sparks
stated that another reason for seeking the field lighting is that the West University Elementary
School is the heart and sole of the community. Residents are use to coming there for
practices and games and lights would greatly expand that capability. Mr. Sparks stated that
approximately 75% to 85% of those participating in sports are West University Place
residents. , As part of the license agreement for the Pershing campus and the West University
campus with the Houston Independent School District, Tri-Sports must maintain an open
membership to children attending those two schools.
Mr. Sparks stated that he had obtained a bid last Fall using state of the art glare shield
lights. A computerized projection of the light readings was attained. Mr.--Sparks presented
diagrams showing horizontal and vertical spill light readings taken 30 feet from the West
University Elementary School playing fields. Mr. Sparks stated that the school has three
fields which can not be used in conjunction with each other because their boundaries overlap.
Tri-Sports is proposing to remove the present field 2 and add a new configuration which
would allow three fields to be in place with the correct dimensions. The old lighting and
backstop on field 2 will be removed. New lighting will be placed on field 2 and fields 1
and 3 will also be lighted. This will give baseball the minor league field they 10st';1t the
Brompton fields and softball will now have its own isolated field. During soccer season, the
large soccer field will be moved approximately 15 feet toward the wooden fence.
Residents attending the meeting expressed their concerns about the amount of light spillage
from the ball field to their backyards and the extended hours of use.
Mr. Sparks reported that he would'like to recommend to the City Council that timers be
installed on the lights. The timer on the Scout House fields should go off at 9:15 p.m. and
the timers on Fields I, 2 and 3 should be set for 10:00 p.m.
Gayle Regan, a resident at 3735 Rice, complained that she was promised' by the City
Manager that she would be contacted about any ~eetings that would address the lighting of
the fields. She stated that she had to call City Hall to fmd out about the meeting.
Patrick Dugan, a resident at 3719 Rice, distributed information from the Harris County
Appraisal District showing the difference in the values of homes that backed up to the
Elementary School and of those on the North side of Rice Boulevard. He stated that the
property values of the homes c1osestto the school are about $17,000 lower than those across
the street. Mr. Dugan felt that the noise and lights from the school would be an added
detriment to the value of the homes and m3kethem harder to sell. He asked if their
property rights and their right to enjoy their property were totally expendable and if the need
for lights on the fields outweighed these rights. Mr. Dugan stated that the City Council
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City Council Workshop Session, August 1, 1994
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should focus on purchasing ,the Y.M.C.A. as a solution.
David Allums, a resident at 3715 Rice, stated that the lights were not necessary because there
was adequate and ample time periods available for games and practices on the school
grounds. He stated that residents on the 3700 block of Rice were told that the lights on the
Scout House fields were necessary to provide additional practice times. Mr. Allums,
suggested that coaches should take off work at 3:00 or 3:30 p.m. because the fields were not
utilized during this time. Mr. Allums commented that he felt the City would be spending
an extravagant amount of money to only get a few extra hours of playing time and taking
from people that are already having a hard time enjoying their backyards.
Valerie Turner, a resident at 3707 Rice, stated that the residents on the 3700 block of Rice
are already burdened by the fields. She commented that she not only has a Scout House
behind her home but also bleachers from the playing fields and people standing 3 feet from
her fence and throwing trash in her yard. She stated that if the teams are planning on
playing until 10:00 at night, she doubted !hat she would be retrieving any balls that go into
her backyard.
Duke Landry, a resident at 3756 Rice, commented that he did not think the noise problem in
the past from the ball fields has been the issue but instead the objection is to the abuse from I
trash being thrown in their yards. L
Lawrence SeIna, a resident at 3731 Rice~ stated that he was trying to sell his house and
buyers are interested in how much noise the school makes and are not focused on the Little
League lights. He' stated that when he mentions the lights to the potential buyers, in the
, interest of full disclosure, they are quite concerned. Mr. SeIna stated that he was horrified
to fmd out that fields were not being used during daylight,hours, so he did not believe lights
were necessary.
Charles Reagan, a resident at 3735 Rice, stated that he felt decisions have been made that
affect not only the property values but the use of the property on the 3700 block of Rice.
These decisions did not reflect any consideration either on the part of Tri-Spo~ or on the
part of the past City Councils. Mr. Reagan stated that, according to his calculations, there
is about $400,000 of subsidy, in school yard and the whole park concept, that the people on
the 3700 block of Rice have already contributed. He stated that it disturbs him greatly that
the City Council does not represent them in this area. The 10:00 p.m. cut':'off agreement has
been ignored and the Tri-Sports is denying any responsibility for this. Mr. Reagan stated
that previous City Councils have refused to pass or enforce any existing ordinances that
relate to these kinds of issues. He asked that this City Councilfmd an effective long-term
solution. .
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City Council Workshop Session, August 1, 1994
Carolyn Sacchi, a resident at 3768 Rice, stated that she lives on the Northside of Rice and
they are still fmding trash in their yards. She also complained about the traffic congestion on
Rice Boulevard.
Betsy Edwards, a resident at 3751 Rice, expressed concern about the parking congestion on
Rice Boulevard. She stated that if they did not have access to a driveway to. back into, they
would not be. able to get out of their driveway. Mrs. Edwards commented that the
Elementary School field is developed for one thing only and that is playing organized sports
and now Tri-Sports is proposing to fence another field and put more obstacles in the way and
restrict the usage of the area even more. She stated that there are other things that are part
of childhood, too, like flying a kite, not just organized sports.
Riad Zibdawi, a resident at 3771 Rice, stated that theballfields are depriving the rights of
the residents from enjoying their backyards. He stated that balls have come through his
window and the noise is so bad that he cannot hear himself on the phone. Mr. Zibdawi
stated that he has been trying to sell his house for the last two years but has been unable to
sell it because of the noise level.
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SerpellEdwards, a resident at 3751 Rice, commented that there was no mention of how
much it would cost to operate the lights on the ballfields. He asked if the City of West
, University pays for the lights.
Mark Mailes,Parks & Recreation Director,.' reported that the City pays for the lights and . at
the present time the cost is approximately $10,000 a year for all the lights.
Mr. Edwards stated that the other parks in the City. should be considered and treated the
same as the playing. fields at the school. He also complained that no one was taking
responsibility for the playing fields and asked for clarification of what the City's position
was.
Leo Sacchi, a resident at 3768 Rice, commented that whenever you gettwo groups of people
living in an area, you always have conflicts between the interests of one group and the
interests of the other. Mr. Sacchi stated that he felt there is a small group of people who live
away from the 3700 block of Rice and are, trying to push their own interests at the expense of
everyone else.
Curt Karges, a resident at 3747 Rice, stated that when he bought his house he knew he was
going to be living next to the school and he was not regretting that decision. He commented
that he understood that the City Council was faced with a "win, lose decision" but he felt that
for the $200;000 it was going to cost to put lights on the fields, the City Council could be
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patient and creative in their ideas to make the situation a "win, win decision".
Marshall Graham, a resident at 3711 Rice, presented an analysis of the need for practice field
lighting. He did not believe there was a need for additional lighting on the fields. Mr.
Graham also commented, that the residents in the area do not know who is in charge or
responsible or who to call if they have a problem. . He requested that the Council consider
having an arbitration or mediation committee on a regular basis consisting of people who are
not directly involved or have, children that play baseball.
Mayor Pro Tem Rushing asked the City Attorney what responsibility the City has regarding
the playing fields at the Eleme;ntary School and how that responsibility is different from the
other City parks.
Jim Dougherty, City Attorney, reported that the main difference is that the City does not own
the. school property, however, the City has a license with H.I.S.D. which gives them a right
to use the grounds. Mr. Dougherty stated that the bulk: of the responsibility at the
Elementary School is retained by the school district.
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Mayor Pro Tem Rushing asked if the City Council could pass ordinances that could possibly, L!
control some of the problems that were addressed by the residents on Rice Boulevard.
Mr. Dougherty stated that ordinances of general 'application such as a noise ordinance would
probably hold up. The City can regulate by ordinance the time and use of property.
Mayor Pro Tem Rushing recommended that the City'and Tri-Sports have some,written
guidelines for the field lights and usage.
Council Member McCandless commented that as administrations change, people no longer
know who to -call with problems and the field lights sometimes get left on. However, as the
City moves toward a more sophisticated approach, the City has a mechanism to have better
control of the problems. Council Member McCandless stated that he felt like there would be
, some point in time when there will be someone like the Parks & Recreation Director or the
Police Department who will be able to turn the lights off if they are left on or take care of
any other problems at the fields.
Council Member Lewis commented that she had also spent lots of time on the playing fields,
both watching and coaching kids. She stated that she had traveled all over Texas to play
games, all the while being very envious of all the facilities and playing fields outside of West
University Place. Council Member Lewis stated that the real problem, as she sees it, is that
West University Place is an old community with an increased number of children who want
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to do the same things that the kids in the suburbs do. It has been the philosophy of West
University to not say "no" to children that want to participate in sports but the City is "land-
locked" . Council Member Lewis commented that she sympathized with the residents on
Rice Boulevard but they were only a small part of the City Council's total constituency. She
, felt that for every resident attending the meeting that night there would be 100 times that
many residents that would be present if they did not make the improvements to the playing
fields. Council Member Lewis stated that there are problems that are unique to West
University that are not like any other cities.
Mr. Sparks stated that Tri-Sports is in favor of written guidelines that are enforceable. They
are willing to work with the City Council and residents on the 3700 block 'of Rice to structure
the guidelines so that they will work.
Council Member Fogler asked Mr. Sparks if the lights were installed on the Scout House
fields, could they be done in such a way that the lights could be moved to the Y.M.C.A., if
the Y.M.C.A. was acquired.
Mr. Sparks replied that the new lease agreement with the City allows Tri-Sports td",remove
the lights because they. are the property of the City. '
Council Member Fogler asked if removing the lights would be practical or would it be
ineffective from a cost standpoint.
, Mr. Sparks replied that the 'major expense is the lights themselves and it would depend on the
cost of the labor to remove and install ortheshelf"lifeof.thelights.
Council Member Fogler requested that Tri-Sports provide the Council with a schedule of all
practices for each sport and where they are being held prior to the next meeting so that the
Council can evaluate whether the usage is full. Council Member Fogler also suggested that
the next time the request from Tri-Sports is on the agenda, it is on a workshop agenda so that,
the Council can have an opportunity to discuss it among themselves and ask questions to the
pertinent parties before it is brought to a vote.
Mike Tanner, City Manager, reported that the -second meeting in August would probably be
the earliest possible date that all the information could be presented.
The City Council agreed to address the issue of field lighting after more information is
received from the Tri-Sports Association.
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City Council Workshop Session, August 1, 1994
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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 Lewis to adjourn. The meeting
adjourned at 10:05 p.m.
KAYLYNN HOLLOWAY
CITY SECRETARY
TOM RUSHING
MA YOR PRO TEM
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CITY COUNCIL WORKSHOP SESSION
MONDAY, AUGUST 8,1994
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
6:30 P.M.
The City Council convened in Workshop Session in the Municipal Building (3800 University
Boulevard) on August 8, 1994, with the following members.present: Mayor'Watson, Council
Members Rushing and McCandless. The City, Secretary; Public Works Director, Deputy
Public Works Director, Police Chief, . Parks and Recreation Director and Building .Official
were also present. Council Members Fogler and Lewis were absent.
AGENDA REVIEW:
The City Council reviewed the regular meeting agenda and discussed items under
consideration with the Staff.
MATTERS RELATING TO ELECTRICAL ORDINANCE:
Dennis Holm, Chief Building Official, stated that the . proposed ordinance would. require
electricians to use 12 gauge wire asa fire safety precaution. 'Mr. Holm stated that builders
were notified of the pending change approximatelylQ45 days ago during a builders' meeting
prior to the ordinance presentation to City Council. The inc:reased cost for using the 12 gauge
wire will range from $100~$150per home, depending onthesize.of the home.
MATTERS RELATING TO BIDS FOR SOLID WASTE MANAGEMENT:
Ed Menville,Public Works Director; stated thattheStaffwasgoing to recommend formally
rejecting all 'bids received for solid waste privatization.
MATTERS RELATING TO ACCEPTANCE OF DRAINAGE IMPROVEMENTS
AROUND WEST UNIVERSITY ELEMENTARY SCHOOL:
Council Member Stan McCandless addressed the issue of drainage around West University
Elementary School. He inquired if the City measured flow rates after rainfall.
Mr. Menville replied that he 'and DieterUfer, Consulting City Engineer, have both viewed the
drainage after a rainfall. He stated that drainage was good after the storm sewer lines had
been cleaned out.
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City Council Workshop Session, August 8, 1994 .
Dieter Ufer, Consulting City Engineer, stated that the new storm sewer lines around the
school are the same size as the old lines The, installation of the new lines has reduced the
pending time for stalled drainage, which eventually ends up in Poor Farm Ditch.
Mr. Menville also stated that due to the contractor's inability to complete the project on time,
liquidated damages in the amount of $1600.00 were being assessed. The project was delayed
16 days and the contractor is being charged $100.00 for each day the project was delayed.
Mr. Menville stated that the contractor is aware of the damages and has agreed to them.
Council Member Tom Rushing asked Mr. Menville if the City had previously used the
contractor in question, Ray Ferguson Interests, Inc. "
Mr. Menville replied that the City previously used Ray Ferguson Interests, Inc. for a minor
paving job.
MATTERS RELATING TO ACCEPTANCE OF IMPROVEMRNTS TO ALL. ~ROTTNll
STORAGE TANK INLETS AND OVERFLOW PIPES:
Mr. Menville stated that the project involved modifying 'all City ground storage tariks by
installing a 24 inch air gap, per City of Houston requirements, for upcoming surface water
conversion.
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Council Member McCandless inquired as to whether the 1 year Maintenance Bond would be
in effect when the surface water conversion actually took place.
Mr. Ufer responded that the project did not involve any moving parts and the pipes were non-
siphoning. He stated that there was a 99% certainty there would be no problems with the
pipes before the actual surface water conversion was begun with the City of Houston.
RESURFACE OF PARKING LOT:
The City Council considered resurfacing the common use parking lot in the 3800 block of
Milton Street.
Mr. Menville stated that the parking lot was measured and quotes were obtained regarding
resurfacing. The parking lot measured approximately 15,{)00 -square feet and the price for a
hot mix overlay was in the range of $.75-1.00 per square yard. The cost for the parking lot
would be about $15,000.00, excluding striping. Mr. Menville stated that the parking lot was
probably due for some form of treatment.
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City Council Workshop Session, August 8, 1994
, Jerry Burns, Deputy Public Works Director, stated that the parking lot has not been resurfaced
since at least 1981. The parking lot is usually restriped every other year.
City Attorney Jim Dougherty stated that resurfacing the parking lot could involve a general
public purpose arrangement. He recommended having a letter agreement stipulating who was
allowed to use the parking lot.
Council Member Rushing asked if funds had been allocated in the budget for resurfacing the
parking lot.
Mr. Menville replied that there were no funds in the current budget appropriated for this
project.
Council Member Rushing inquired if the project could be factored into the 1995 budget.
Mr. Menville replied that funds for the project could be obtained from the current budget;
however, he recommended including the project in the 1995 budget.
Council Member Rushing stated that he supported delaying the start of any projects that'
would overlap into the next year until 1995.
Communications Committee Chairman Larry Massey announced plans for the upcoming West
University Volunteer Leadership Forum Awards banquet to be held September 9, 1994. He
stated that the :awards banquet would also' be a fund-raiser; Mr . Massey stated' that there were
over 500 anticipated participants for the banquet/fund-raiser. He .requested permission from
the City Council for assistance from the City Secretary in notifying City committees about the
banquet/fund-raiser.
The Council Members present asked the City Secretary to draft a letter to all the City
committee chairmen notifying them of the banquet/fund-raiser and asking them if they would
like any member of. their committee to receive, special recognition. Mayor Watson stated that
he would sign the letter on behalf of the City Council.
The workshop session adjourned at 7:30 p.m.and reconvened at 8:00 p.m. with the following
members present: Mayor Watson, Council Members Rushing and McCandless. The City
Secretary, Public Works Director, Deputy Public Works Director, Police Chief, Parks and
Recreation Director and Building Official were also present. Council Members Fogler and
Lewis were absent.
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City Council Workshop Session, August 8, 1994
COUNCIL COMMENTS:
Building Official Dennis Holm stated that he had received a letter from a resident asserting
that one of his inspectors had entered the resident'sh(une without prior permission... Mr.
Holm stated that no evidence was found to substantiate the resident's assertion and he
requested permission from the City Council to draft aletlerfo'r<the Mayor's signature
indicating such findings, to' the resident, in question.
The Mayor asked Mr. Holln and the City Secretary.todraft a letter, for his signature,
stipulating the City's findings to the resident.
, The issue of a Youth Center at the Community Building location was addressed by the
Council Members present.
CoUncil Member Rushing stated that he supported delaying the project, pending receipt and
review of specific technical specifications.
Mark Mailes, Parks and Recreation Director, stated that there probably was a 5-7 year period
before the City.acquired YMCA property. C
Council Member McCandless stated that he supported moving forward with plans for a Youth
Center.
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Council Member Rushing stated that the project . would .require utilizing more ..funds out of the
reserves andHhe feltthe wholeprojectwas moving too fast.
ADJOURNMENT:
With no further business. to cOme before the . City Council at this time, a motion was made by
Council Member McCandless, seconded by. Council Member Rushing to adjourn the workshop
seSSIOn.
The workshop session adjourned at 8:42 p.m.
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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01Y OOUNOL REGUIAR SESSION
MONDA).', AUGUST 8, 1994
, MUNlOPALBunDING
3800 UNIVERSITY BOUIEV ARD
7:30 P.M
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The City Council convened in Regular Session in the Municipal Building (3800 University
Boulevard) on August 8, 1994, with the following members present: Mayor Watso~ Council
Members Rushing and McCandless. The City Secretary, City Attorney, Public Works
Director, Deputy Public Works Director, Police Chief: Fire Chief: Parks and Recreation
Director and Building Official were also present ,Council Members Fogler and Lewis were
absent '
OllZJ!N a>MMENTS:
Leo Sacchi, a resident at 3768 Rice Blvd, stated that he was opposed to the Youth Center at
the Community Building location because of green space loss.
Dorothy Rieger; a resident at 6516 Brompton, expressed her opposition to the Youth Center.
RESOUJ1ION AUIHORlZING SIGNA1URES:
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Consideration was given to ,Resolution No. 94-12 (A RESOLUTION REIATING TO '
SIGNA,T(JRES 9NgIECI<S DRAWN ON CITY ACCOUNTS;AUTIIORIZINGSUCH
, SIGNAtoREs ANDAUffiORIZlNG. USE OF FACSIMILE SIGNA1URES; AND,
CONTAINING FINDINGS AND PROVISIONS REIATING TO TIIE SUBJECI).
The prop6sed.resolution would keep the current individuals listed as authorized signatories;
, however, the individual desieom-ed as the Accounting Supervisor would be changed to Donna
, F. Sams.
A motion was m3de,by Comcil Member McCandless, seconded by Council Member Rushing
to approve Resolution No. 94-12 as presented. '
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing and McCandless
Voting Nay: None
Absent: Council Members Fogler and Lewis ' ,'"
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CITY COUNOL REGUIAR SESSION
MONDAY, AUGUST 8, 1994
MUNlOPAL BUllDING
3800 UNlVERSl1Y BOULEY ARD
7:30 P.M
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The City Coun "l convened in Regular Session in the Mtmicipal Buil g (3800 University
Boulevard) on A 8, 1994, with the following members present. Mayor Watson, Council
Members Rushing d McCandless. The City Secretmy, City Att ey, Public Works
Director, Deputy N lic Works Director, Police Chiet: FireChie Parks and Recreation
Director and Buildin Official were also present. Council Me hers Fogler and Lewis were
~sent.' '
Leo Sacchi, a resident at 37 Rice Blvd, stated e was opposed to the Youth Center at
the Commtmity Building locatl n because of green ace loss.
Dorothy Rieger,' a resident at 651 Brompton, e ressed her opposition to the Youth Center.
RESOUJ1ION AUTHORIZING SI
94-12 (A RESOLUTION REIATING m
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The proposed resolution wo
, however, the individual des.
F. Sams.
keep the current . dividuals listed as authorized signatories;
as the Account Supervisor would be changed to Donna
A motion was made b Council Member McCandless, "nded by Council Member Rushing
to approve Resoluti No. 94-12 as presented.
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The motion was oted on with the following result:
Mayor Watson, Council Members Rushin
None
Council Members Fogler and Lewis, , ' . .0, '
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City Council Regular Session, August 8, 1994
n FCIRICAL ORDINANCE:
Consideration was given to the first reading of Ordinance No. 1483. Mayor Watson read the
caption as follows:
AN ORDINANCE RELATING TO ELEClRICl1Y; AMENDING.1HE CODE OF
ORDINANCES OF 1HE CITY OF WESTUNIVERSITY PlACE, 1EXAS TO PROHIBIT
1HE USE OF CERTAIN WIRE AND CONDUCTORS; AND CONTAINING FINDINGS
AND PROVISIONS RELATINGTO 1HE SUBJECT.
Copies of Ordinance No. 1483, in the form required for adoption, were available to all
members of the City Council.
The proposed ordinance would prohibit the use of certain wire and conductors (any aluminum
wire or conductor, any wire smaller than a gauge 12/2 A WG, or any wire without a separate
ground, . either in the same cable or in the same conduit).
A motion was made by Council Member McCandless, seconded by Council MemqtrRushing
"T1 to pass Ordinance No. 1483 on first reading as presented. '
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.-J Voting Aye: Mayor Watson, Council Members Rushing and McCandless
Voting Nay: None
Absent: Council Members Fogler and Lewis
BIDSFOR.SOIID WASlE MANAGEMENT:
Consideration was given to bids received July 25, 1994 for solid waste management.
The following bids were received for solid waSte management: '
Bidder ~OlY A Cate.gOlY B CategOlY C
West University Place $9.65 $8.43 $0.69
BFI Waste Systems $9.68 $8.72 $0.61
Waste Mgmt. Systems
of Houston $8.64 $8.74 $0.46
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Brad Farnsworth, a representative of BFI, stated that his company was pleased to have bid on
the project.
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City Council Regular Session, August 8, 1994
During the workshop session on July 25, 1994, all bids receivedwere discussed and the small
, deviation between bids was noted. It was agreed, at that time, that the City would not
consider further the privatization of solid waste collectioll and disposal.
The Public Works Department was recommending that all bids for the project be formally
rejected by the City Council. '
A motion was made by Council Member McCandless, seconded .by Council Member · Rushing
to reject. all bids on solid waste collection and disposaL---'~--.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing and McCandless
Voting Nay: None
Absent: Council Members Fogler and Lewis
ACCEPfANCE OF DRAINAGE IMPROVEMENTS AROUND WFST TJNlVF,RSnv
ElEMENTARY SCHOOL:
Consideration was given to the acCeptance of improvements to drainage facilities around West
University Elementary School.
The project involved the reconstruction of storm sewer lines around West University
Elementary. School. In addition, storm sewer lines on Auden Street and various inlets were
rebuilt. Due to a delay of 16 days for completion of the project, the City was accessing the
contractor:(Ray Ferguson Interests, Inc.) liquidatedrlamages in the total sum of $1600 ($1{)0
per day). The recommended final payment to the contractor is in the amount of $34,013.35.
A motion was made by Council Member McCandless, seconded by Council Member Rushing
to fonnally accept the completion of drainage improvements around West University
Elementary School and approve final payment, excluding liquidated damages in the amount of
$34,013.35.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing and McCandless
Voting Nay: None
Absent: Council Members Fogler and Lewis
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City Council Regular Session, August 8, 1994
ACCEPfANCE OF IMPROVEMENTS m AIL GROUND S10RAGE TANK INIEfS
AND OVERFLOWPIPFS:
Consideration was given to the acceptance of improvements to all ground storage tank inlets
and overflow pipes.
The project involved modifying all City water ground storage tanks by installing a 24 inch air
gap, as per City of Houston requirements for eventuatsurface water conversion.. The
recommended final payment to the contractor (Nunn Constructors, Inc.) is in the amount of
$16,098.97.
A motIon was made by Council Member Rushing, seconded by ColIDcil Member McCandless
to fonnally accept the completion of improvements to all ground storage tank inlets and
overflow pipes and approve final payment in the amount of $16,098.97.
The motion was voted on with the followingresu1t:
Voting Aye: Mayor Watson, Council Members Rushing and McCandless
Voting Nay: None
Absent: Council Members Fogler and Lewis
CfIY axJNaL :J.\I.I.KI!.;llNG ~:
Consideration was given to the minutes of the following City, Council meetings
(a) Workshop Session conducted on June 20, 1994
(b) Workshop Session conducted on June 27, 1994
(c) Regular Session conducted on June 27, 199
(d) Workshop Session conducted on July 11, 1994
(e) Regular Session conducted on July 11, 1994
City Attorney Jim Dougherty recommended that the minutes, when addressing the HISD
agreement, be changed from the word LeCEe. to License.
Amotion was made by Council Member McCandless, seconded by Council Member Rushing
to accept the minutes as presented, with . the proposed change.
The motion was voted on with the following result:
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City Council Regular Session, August 8, 1994
Voting Aye: Mayor Watson, Council Members Rushing and McCandless
Voting Nay: None
'Absent: Council Members Fogler and Lewis
COUNCIL.COMMEN1:S:
Council Member Rusrung addressed the solid waste collection and disposal company
representatives present. He thanked them for participating in the bid process.
ADJOURNMENT:
A motion was made by Council Member McCandless, seconded by Council Member . Rushing
to. adjourn the regular session and reconvene the workshop session.
The regular session adjourned at. 7:58 p.rn.
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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CITY COUNCIL SPECIAL SESSION
MONDAY, AUGUST 15, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
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The City Council convened in Special Session in the Municipal Building (3800 University
Boulevard) on August 15, 1994 at 7:30 p.m., with the following members present: Mayor
Watson presiding, Council Members Fogler, Lewis and McCandless. The City Manager,
City Secretary, City Attorney and Deputy Director of Public Works were also present.
Council Member Rushing was absent.
ORDINANCE CANVASSING RETURNS OF 1994 CHARTER AMENDMENT
ELECTION:
Consideration was given to the fIrst and fmal reading of Ordinance No. 1484
Mayor Watson read the caption of Ordinance No. 1484 as follows:
AN ORDINANCE CANVASSING RETURNS AND DECLARING RESULTSOR"THE
CHARTER AMENDMENT ELECTION HELD IN THE CITY OF WEST UNIVERSITY
PLACE, TEXAS ON AUGUST 13, 1994; CONTAINING RELATED FINDINGS AND
PROVISIONS; AND DECLARING AN EMERGENCY
Copies of Ordinance No. 1484, in the form required for adoption, were available to all
members of the City Council.
Jim Dougherty, City Attorney, pointed out a typographical error on page 23, Section 2b. He
asked that the reference to Proposed Charter Amendment No. 2 be changed to read "Council
and City Manager Responsibilities" .
A motion was made by Council Member Fogler, seconded by McCandless to adopt
Ordinance No. 1484 on the fIrst and fInal reading with the amendment as suggested by the
City Attorney.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Fogler, Lewis and McCandless
Voting Nay: None
Absent: Council Member Rushing
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'City Council Special Session, August 15, 1994
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LANDFILL COVER REQUIREMENTS:
Consideration was given to TNRCC landfill cover requirements and a request for funds.
Mike Tanner, City Manager, reported that the TNRCC requires that in order to close and
abandon the landfill located on Ruffmo Road, the City must provide a more adequate
coverage of dirt in specific sections, approximately 3 acres have less than two feet of cover
and the requirement is a minimum of two feet. Additional dirt will have to be brought in to
eliminate this deficiency. Mr. Tanner asked that the City Council authorize the Staff to
spend a maximum of $30,000 to move the dirt where needed. This will require a transfer of
funds from the general fund reserves. Mr. Tanner commented that hopefully this would be
the last major expenditure associated with the landfill.
Council Member Fogler asked why the funds were coming from the general reserves instead
of the utility fund.
Mr. Tanner replied that this was a solid waste expenditure and a request for emergency
repair .
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A motion was made by Council Member McCandless, seconded by Council Member Lewis L
to approve the maximum expenditure of $30,000 from the general fund reserve, as an
emergency, to provide adequate dirt coverage at the City's landfill on Ruffmo Road.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Fogler, Lewis and McCandless
Voting Nay: None
Absent: Council Member Rushing
, COUNCIL COMMENTS:
Council Member Lewis recommended that a letter be written to the Charter Review
Committee expressing the City Council's appreciation of their hard work. She stated that she
would draft a letter for the Mayor's signature.
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 Lewis to adjourn. The meeting
adjourned at 7:45 p.m.
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KAYLYNN HOLLOWAY
CITY SECRETARY
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BILL WATSON
MAYOR
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CITY COUNCIL WORKSHOP SESSION
MONDAY, AUGUST 22, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEV ARD
6:30 P.M.
The City Council convened in Workshop . Session in the Municipal Building (3800 University
Boulevard) on August 22, 1994, with the following members present: · Mayor Watson
presiding, Council Members Rushing, Fogler, Lewis and McCandless. The City Manager,
City Secretary, Public Works Director, Deputy Public Works Director, Police Chief, Fire
Chief, Parks and Recreation Director, Building Official and Accounting Supervisor were also
present.
AGENDA REVIEW:
The City Council reviewed the regular meeting agenda and discussed items under
consideration with the Staff.
MATTERS RELATING TO BIDS FOR WEST UNIVERSITY ELEMENTARY
SCHOOL PLAYGROUND FIELD LIGHTS:
Council Member Fogler stated that she was opposed to tabling a bid award.
Council Member Rushing stated that he would abstain from voting on a bid award.
Council Member Lewis stated that there was a greater picture to this project, besides Fields
4Aand 4B.
Council Member Fogler stated that she agreed with Council Me~ber Lewis. She stated that
she would like to be able to look at figures forFields 1, 2 and 3 reconfiguration and lighting;
however, that was .not possible due to time constraints in the bidding process. Council .
Member Fogler stated that in terms of paying for the proposed lighting project, she favored
the City paying the costs up front and then being reimbursed by Tri-Sports.
Council Member Lewis stated that she believed the City's position on the -entire lighting issue
was being compromised in terms of policy-making for Tri-Sports.She stated that the City
, was proposing to spend anenormOllS amount of money which in turn "dictates" that the City
get involved in the policy-makiJig for Tri-Sports, i.e. that non-residents pay more than
residents, etc. She felt that the entire lighting and. reconfiguration venture should be "lumped
into a capital improvement category" for Tri-Sports. She does not favor breaking the entire
project up into various. smaller endeavors.
Council Member McCandless stated that the City has an obligation to support and nurture the
culture that has evolved from the parents and children who are involved in the variousTri-
Sports programs. He also stated that he supported setting boundaries for such support.
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City Council Workshop Session, August 22, 1994
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Mike Tanner, City Manager, stated that the recommended bidder has agreed to extend the
validity of their bid for an additional period of 30.,45 days.
Mayor Watson stated that he viewed the lighting project for Fields 4A and 4B as different
from the proposed project for Fields 1, 2 and 3.
Council Member Fogler stated that Little League is not involved in the lighting of Fields 4A
, and 4B. She stated that Little League should be responsible for raising funds to build their
new minor league field. Council Member Fogler stated that she was under the impression
that the softball and soccer organizations were not in the same strong fmancial position as
Little League and therefore, need, outside assistance for improvement to their playing fields.
Council Member Rushing addressed the oral pledge from Tri-Sports to contribute $5,000 to
the cost for field lighting. The City Attorney stated that he had not seen a written agreement
confirming that 'assertion. The City Manager stated that he received a pledge letter, to that
effect, from Tri-Sports.
Mayor Watson stated that the issue of lighting for Fields 4A and 4B had been discussed
sufficiently and there was no need to table the proposed bid award. He stated tha'the
intended to vote affirmatively to awarding the bid to the recommended bidder.
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The City Manager'recommended authorizing the Parks and Recreation Director as the City
liaison for any disputes which may develop between Tri-Sports and the residents in the 3700
block of Rice Blvd.
Council Member Lewis addressed the issue of street parking in the 3 700 blo~k of Rice Blvd.
The City Manager stated that the parking issue probably needed to be negotiated with the
affected residents. Council Member Lewis stated that she wanted parking only on one side of
the street in respect to the affected residents. The Police Chief recommended allowing City
staff to survey the residents in the 3700 block of Rice Blvd.
Council Member Fogler inquired about timers being included with the proposed, field lighting.
Public Works Director Ed MenvilIe replied timers were not included in the bid package.
The City Manager recommended that timers be installed along with the field lighting
equipment.
Council Member Fogler stated that she wanted to include timers on the proposed field lighting
equipment and also install timers on existing field lighting equipment.
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City Council Workshop Session, August 22, 1994
MATTERS RELATING TO BIDS FOR WEffi PARK IMPROVRMF.NT.
Mark Mailes, Parks and Recreation Director, stated that the Friends of West University Place
Parks Fund have agreed to absorb the cost difference between the funds contributed by the
City and the project cost not covered by City funds.
WEST UNIVERSITY ELEMENTARY SCHOOl, NF.F.ns. .,
Roger Martin, Building Chairman for the West University Elementary PT A, stated that he was
making some minor requests: (1) installation of ramps for handicapped students to use at the
intersection of Edloe and University Blvd. (near Compass Bank) and (2) installation of traffic
light (including Don't Walk and Walk signals) at the same intersection during school hours.
The City Manager replied that he felt the requests were prudent and that a traffic study could
be performed to determine the need for the traffic light. He estimated the cost for a traffic
light to be between $30,000-$40,000.
Mr. Martin stated that he believed a traffic light would relieve congestion at that particular
, intersection. He also stated that he would contact IllSD regarding bus loading and unloading
at that intersection and its effect on traffic congestion. He also asked for extra police patrols
at the, back of.,the school campus to monitor activities--of -young people who are congregating'
there.
The City Manager and Police Chief stated the request would be granted. '
Mr. Martin, in conclusion, made a request for a cover for the rear black-top playground area.
He stated that he has contacted a company regarding a cover and the estimated cost for a steel
cover would be in the range of $50,000-$100,000. Mr. Martin stated that his committee
would prefer an open-air cover with matching red brick, like the school. The cover would be
completely closed at the rear of the playground to prevent any disturbance to the residents on
Rice Blvd. Mr" Martin stated that a covered playground,co:u1d also be utilized by adolescents
for activities such as basketball. He stated that the project may be completed with partially
donated materials and labor; however, monetary funds would still be needed. He stated that
his committee would like to have the opportunity to talk to the City Council about covering
the playground before they requested funds for such a project.
The City Manager stated that after taking anticipated noise levels from a covered playground
into consideration, the PT A Building Committee might want to -consider the construction of a
gym at the playground location.
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City Council Workshop Session, August 22, 1994
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Council Member Rushing asked the City Manager if such a request had legal conflicts.
The City Manager stated that the City has never been committed to doing a lot of park and
recreation projects that other cities complete. He said that the City, in the past, has funded
limited capital irnprovements for the. playground. He.further stated that the largest. single
recreation project the City has been responsible for was Colonial Park.
Council MemberRushing stated that heLsupported documentati()nof need, cost and the
relationship of the City to projects on HISD property.
The City Manager stated that the City would have to enter into a new agreement with HISD
, regarding use of their property and facilities.
Mayor Watson requested Mr. Martin andhis committee to gather more information for the
covered playground request.
MATTERS RELATING TO PARKING FACILITIES AT WEST IJN1VRRSTTV
BAPTIST CHURCH:
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The pastor. from. West UniversitY. Baptist . Church stated that the .Church was requesting the
City resurface ,their older parking lot which is utilized by City employees. The Church's
Secretaryrrreasurer distributed copies of a letter agreement between the City and the Church
for parking lot ,use and stated that resurfacing would cost approximately $10,000.00 for a hot
mix overlay with 11/2 inch asphalt,inc1udingrestriping:
The City Manager stated that the City would have to bid the project.
The workshop session recessed at 7:30p.m. and the City Council convened into regular
seSSIOn.
The workshop session was reconvened at 8:35p.m. with the following members present:
Mayor Watson, Council Members Rushing, Fogler, Lewis and McCandless. The City
Manager, City Secretary, City Attorney, Public Works Director, Deputy Public Works
Director, Police Chief, Fire Chief, and Parks and Recreation Director.
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City Council Workshop Session, August 22, 1994
CAPITAL IMPROVEMENT PROJECT INSURANCE AND INDEMNIFICATION:
City Attorney Jim Dougherty stated that he, the Finance Director, Public Works Director and
Consulting City Engineer had a discussion with a Charles Comiskey of RiskTech, Inc. which
is a consulting fIrm dealing with risk management matters. The meeting was to discuss
modifying City construction contracts.
At the present time, there is no limit in City contracts regarding indemnifIcation. In order to
accommodate the larger bidders, such as Brown & Root, a joint recommendation was' to
include a new.clausein City contract. documents which.stipulates an indemnifIcation limit of
$10 million dollars, which could be done on a trial basis to see what the effect would be.
The. City Manager stated that a clause would be drafted for consideration by the City Council
regarding setting a contract indemnification limit of $10 million dollars.
The workshop session recessed at 8:54 p.m. and convened in Executive Session.
PURCHASE OF REAL ESTATE:
The City Council considered matters relating to the acq~sition of real estate located at 3826
Amherst Street.
Closed Executive Session was held under Section 551.072, Texas Government Code.
The Executive Session adjourned at 9:08 p.m. and the City Council reconvened at 9:09p.m.
in workshop session with the following members present: Mayor Watson, Council Members
Rushing, Fogler, Lewis and McCandless. The City Manager, City Secretary and Public
Works Director. were also present~
COUNCIL COMMENTS:
Council Member Lewis stated::-thatshesupported having a Youth Center. She said that she
was losing comfort with the idea because of the amount of funds needed, non-support. from
fellow Council Members and opposition from Senior Services Chairman Dorothy Rieger. She
stated that it was never her intention to alienate people with her idea of a Youth Center.
Council Member Fogler stated that most people she has talked to do not object to the idea of
a Youth Center at the Community Building location. She suggested hiring a consultant to
examine what should be done with the Community Building in terms of renovation and
factoring in the Youth Center element as part of the assessment.
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City Council Workshop Session, 'August 22, 1994
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The City.Manager stated that the potential purchase of the Y.M.C.A.property could change
the entire strategy concerning, the Community Building. He stated that he supported the City
Council putting together a capital improvement-type project with recreational funds for
younger residents.
Council Member Fogler stated that she would like to hear from John Stone, Mitchell Carlson
Associates, about his options for renovating the Community Building which could include
providing space fora Youth. Center.
Council Member.Foglerstatedthat . she had spoken with Susan Freeman, Communications
Committee member and ,editor of City, Currents, and . was upset with Council Comments being
severely edited and information regarding topics not concerning City business taking up more
space. Council Member Fogler stated that City Currents "was no longer the informational
vehicle it was intended to. be". '
The City Manager statedthatthe.problem is due in part . to having volunteers largely
responsible for the production of City Currents.
Council Member McCandless requested that Communication'Committee members call the L
particular Council Member ahead of time if they are going to edit Council Comments to an
exacting degree and give the Council Member the opportunity to accommodate their article i..
accordingly.
Council Member Rushing asked Council Member.Lewis, as liaison to theComniunications
Committee, to convey . the suggestions presented by her fellow Council Members to the
Communications Committee.
Council Member Lewis stated she would relay the suggestions.
Council Member Fogler stated that information in the ,City Currents should be a publication
which is limited to City items. She complimented the Poliye Chief on the topics for his
columns. ~
The City. Manager suggested ;presentingadescripqonin City Currents of what the current City
Council has accomplished during their tenure. '
Council Member Fogler stated that she supported such a suggestion.
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City Council Workshop Session, August 22, 1994
ADJOURNMENT:
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With no further business to come before. City Council at this time, a motion was made by
Council Member Fogler, seconded by Council Mem~er Rushing to adjourn the workshop
session. I
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, The workshop session adjourned at 9:55 p.m.
KAYLYNN HOLLOWAY
CITY SECRETARY
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BILL WATSON
MAYOR
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CITY COUNCIL REGULAR SESSION
MONDAY, AUGUST 22, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
7:30 P.M.
The City Council convened in Regular Session in the Municipal Building (3800 University
Boulevard) on August 22, 1994, with the following members present: Mayor Watson,
Council Members Rushing, Fogler, Lewis and McCandless. The City Manager, City
Secretary, City Attorney, Public Works Director~ Deputy Public Works Director, Police Chief,
Fire Chief, Parks and Recreation Director, Building Official and Accounting Supervisor
(Finance) were also present.
CITIZENS WHO WISH TO ADDRESS AGRNDA ITRMS~
Patrick Dugan, a resident at 3719 Rice Blvd., stated that he was opposed to the proposed
lighting for Fields 4A and 4B. He believed that the issue had not been adequately reviewed
and considered and he requested .that City Council postpone 'a decision on the issue until it
was suitably examined.
SerpellEdwards, a resident at 3751 Rice Blvd., stated that he was opposed to the proposed
lighting for Fields 4A and 4B at the present time. He stated that lighting forthose:~jields was
in conflict with .a 1970 agreement between. the .City and' HISD. He requested that City
Council postpone a decision on the issue until alternatives to additional field lighting were
studied.
Bob Fry, a resident at 3905 Villanova, stated that the organized sport programs were restricted
by lack of space. -He advocated utilizing available space for. expandingW est University. Place
organized sport programs.
CreagChildress,a resident at 2351 Claremont and West University Girls Softball Association
representative, stated that his sports organization has grown considerably. Because of this
growth, the need for additional field lighting is necessary to accommodate practice and game
schedules. Mr. Childress stated that his organization respectfully requested the City Council
to vote in favor of lighting for Fields 4A and 4B.
Linda Day, a resident at 4224 Lehigh, suggested planting trees along the fence of the Little
League field to provide shade. and block out some of the noise.
Leo Sacchi, a resident at 3768 Rice Blvd., stated that he was opposed to excessive noise from
sporting. events at the. fields.
Duke Landry, a resident at 3756 Rice Blvd., stated that he objected to parking abuses on his
street which occurred as a result ()fsporting events being held at the neighboring ball fields.
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Ken Sparks, a resident at 3513 Georgetown, addressed earlier comments regarding noise and
agreement provisions. Mr. Sparks stated that the 1970 agreement alluded to earlier is no
longer in effect. He further stated that there never was an agreement provision prohibiting
lights at the Scout House field. In response to previous comments regarding noise at the
field, Mr. Sparks stated that in his listing of proposed rules for field use, he has stipulated that
public address systems will only be used during opening and closing ceremonies for sport
seasons. He stated that increased participation in Tri-Sport organizations will only serve to
, also increase the need for more space and ways to enhance the utilization of existing space.
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RECOGNITION OF CHARTER REVIRW C;OMMITTRR.
Recognition was given to the Charter Review Committee for directing the charter review
process.
Mayor Watson stated that the City Council wanted to publicly express gratitude for the
Committee's dedication during the charter review process. He distributed Certificates of
Appreciation to the following Charter Review Members present: Chairman Bob Higley and
Member J.B. Thompson. Certificates for the absent Charter Review Committee Members
were returned to the City Secretary for distribution.
Charter Review Committee Chairman Bob Higley stated that City Manager Mike Tanner, City
Secretary Kay Holloway, City Attorney Jim Dougherty and Police Chief Steve Griffith also
needed to be recognized for their hard work during the charter review process.
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BIDS FQR WEST UNTVRRSITV RT.RMRNTARV ~rllOOI. PLIlYGROUND FIELD
LIGHTS:
Consideration was given to bids received June 24, 1994 for the installation of field lights on
the West University Elementary School playground near Edloeand Good (Field 4).
The following bids were submitted:
BIDDER
BID...
$45,000.00
$35,812.00
No Bid
$32,331.00
Southwest Lighting
Boyer, Inc.
Rulon Electric
Vadco Electrical
A motion was made by Council Member Fogler, seconded by Council Member Lewis to
approve the placement of directional field lights on Fields 4A and 4B, as proposed by Tri-
Sports; to accept the bid submitted by Vadco Electrical in the amount of $32,331.00, plus the
appropriation of an additional $348.00 for the purchase of performance and payment bonds; to
apply the $5,000.00 contribution from Tri-Sports to the total cost; to enforce the proposed Ui,!!
rules for field lights and usage submitted by Tri-Sports, with the amendment that the new
lights for Fields 4A and 4B and the existing lights at Fields 1, 2 and 3 must be controlled by
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automatic timers, the lights on Fields 4A and 4B must be turned off at 9:15 p.m. and the
lights at Fields J, 2, and 3 must be turned off at 10:00 p.m., and the timers and their
installation must be supplied by Tri-Sports simultaneously with the installation of new lights
on Fields 4A and 4; to designate Park and Recreation Director MarkMailes as permanent
liaison between 3700 block of Riceresidentsand.Tri-Sports; to authorize Mr. Mailes to
arbitrate disputes between the two parties, and to require, that his. determination on such issues
shall be binding on both parties. Council Member Fogler further moved that Police Chief
,Stephen Griffith and his department be authorized to survey residents of the 3700 block of
Rice Blvd. and to 'pursue any acceptable parking restrictions to alleviate.traffic on that block,
especially during game weekends. Council Member. Fogler ended her motion' by making the
foregoing motions subject to the execution to the pending license agreement with mSDand
any subsequent approvals Qf that agreement as may be required.
The motion was voted on with the followingresu1t:
Voting Aye:
Mayor Watson, Council Members Fogler, Lewis and
McCandless
,None
None
Council Member Rushing
Voting Nay:
Absent:
Abstain:
Council Member Rushing filed a written statement under Section 2.1-0 of the Code~;9f
Ordinances.
RESOLUTION APPOINTING MEMBERS TO THE ENVIRONMENTAL ISSUES
COMMITTEE:.
Consideration was given to Resolution No. 94-13. Mayor Watson read the caption as follows:
A RESOLUTION PROVIDING FOR THE APPOINTMENT OF MEMBERS TO THE
ENVIRONMENTAL ISSUES COMMITTEE; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
The Resolution provided for the appointment. of Roger Pokluda as Chairman of the
Environmental Issues CommitteelPosition 31, Susan Kasper .as Vice-Chairman for the, Tree
Section/PositioIl 11 and Linda Day as a Member of the Tree SectionIPosition 12.
A motion was made by Council Member Fogler; seconded by. Council Member. Rushing .to
, accept Resolution No. 94-13.
The motion was.voted on with the following.result:
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Voting Nay:
Absent:
Mayor Watson, Council.Members Rushing, Fogler, Lewis and
McCandless
None
None
Voting Aye:
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Susan Kasper and Linda Day were administered the Oath of Office by Mayor Watson.
RESOLUTION FOR P ARTICIP ATION IN TRXPOOT "
Consideration was given to Resolution No. 94-14 and TexPool participation.
Resolution 94-14 provided for' authorization of the inclusion of new Accounting Supervisor,
Donna Sams to initiate transactions on behalf of the City in TexPool. TexPool is a state run
investment pool that the City uses to invest it's funds.
, A motion was made by Council Member Rushing, seconded by Council Member Lewis to
accept Resolution No. 94-14.
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:
ELECTRICAL ORDINANCE:
Consideration was given to the second and final reading of Ordinance No. 1483. Mayor
Watson read the caption as follows:
AN ORDINANCE RELATING TO ELECTRICITY; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS TO PROIDBIT
THE USE OF CERTAIN WIRE AND CONDUCTORS; AND CONTAINING FINDINGS
, AND PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance No. 1483, in the form required for adoption, were available to all
members of the City Council.
The proposed ordinance would prohibit the use of certain wire and conductors (any aluminum
wire or conductor, any wire smaller than a gauge 12/2 A WG, or any wire without a separate
ground, either in the same cable or in the same conduit).
A motion was made by Council Member McCandless, seconded by Council Member Rushing
to pass Ordinance No. 1483 on second and [mal reading as presented.
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The motion was voted on with the following result:
Voting Aye:
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Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
None
None
Voting Nay:
Absent:
BIDS FOR PERSONAL COMPUTER NETWORK:
Consideration was given to bids received August 1, 1994 for the purchase of a personal
computer network that supports the Public Works Department.
Public Works Director Ed Menville stated that four computer/printer systems will be utilized
by the Public Works Department for daily operations and will initiate a GIS system which
will map out all of the City's infrastructure. The remaining five personal computers/printers
to be purchased will be utilized by the Building and Inspections Department for issuance and
tracking of contractors and permits.
Mr. Menville stated that the purchase of computer hardware did not include autocad software.
The following bids were submitted:
BIDDER
Info. System. Architects
Radio Shack/Contract Marketing
Famionics Computer Systems
Office Wizard
Classic Configurations
DRW, Inc.
Sirius Systems Technology
Wise Electronic Services
U.S. Devices
Nova Computers
Ultrahigh Technology
Allstar Systems
BID
$52,205.00
$51,585.23
$46,773.18
$43,188.00
$41,891.00
$39,450.45
$38;900.00
$34,787.50
$34,545.00
$33,603.80
$33,537.00
$32,456.00
A motion was made by Council Member Lewis, seconded by Council Member McCandless to
accept the bid of All star Systems in the amount of $32,456.00 for computer equipment.
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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 WIER PARK IMPROVEMENT:
Consideration was given to bids received June 15, 1994 for Wier Park improvements.
The following bids were submitted:
BIDDER
RID
Gibson's Landscape Services,. Inc.
K.C.C. Group
D.L. Meacham Construction
Gulf Coast Landscape Services, Inc.
$190,046.00
$166,400.00
$161,049.00
$151,220.00
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The budgeted amount for this. project is $88,000.00, The Friends of West University Parks
have pledged to cover the balance of the expenses for the renovation. The balance currently
in the Friends fund is $180,000.00.
Parks and Recreation Director Mark Mailes stated that the project, upon award, would begin
after Labor Day.
A motion was made by Council Member Fogler, seconded by Council Member McCandless to
accept the bid of Gulf Coast Landscape Services, Inc. in the amount of $151,220.00 for Wier
Park improvements and thatthe remainder of the cost, apart from the $88,000.00 funded by
, the City, be funded by the Friends of West University Parks, including architect fees and
change orders.
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
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CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the
following City Council meetings
(a) Workshop Session conducted on July 25, 1994
(b) Regular Session conducted on July 25, 1994
A motion was made by Council Member Rushing, seconded by Council Member Fogler to
accept the minutes as presented.
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:
A motion was made by Council Member Lewis, seconded by Council Member Rushing to
adjourn the regular session and reconvene the workshop session.
The regular session adjourned at 8:27 p.m.
KAYLYNN HOLLOWAY
CITY SECRETARY
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BILL WATSON
MAYOR
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CITY COUNCIL WORKSHOP SESSION
MONDAY, AUGUST 29, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00P.M.
The City Council convened in Workshop Session in the Municipal Building (3800 University
Boulevard) on August 29, 1994, with the following members present: Mayor Watson
presiding, Council Members Rushing, Fogler; and McCandless. The City Manager ; City
'Secretary, Finance Director, Public Works Director and Parks and Recreation Directorwere
also present. Council.MemberLewis was absent.
BOND ISSUES AND INVESTMENT:
The' City Council discussed bond issues, investment and related fInancial matters.
Larry Catuzzi and Jim Shaw, Financial Advisors from Rauscher Pierce.Refsnes, Inc. were
present at the meeting to discuss a bond fInancing program.
Mike Tanner, City Manager, .opened the meeting by stating that the. City Council had
requested that a meeting be called .to discuss the City's debt position. He commented that the
City Council had tentatively agreed to not conduct a bond election during its administration.
Mr....Tannerstated that.he was also asked to. address 'a number of related issues primarily
investments.
Mt. Catuzzi stated that the essence. of what he thought the City Council wanted to . cover.. was
a chronology of what occurs or what the City needs to do in preparing for a forthcoming
, bond election and issuance of debt. . Mr. Catuzzi stated that the fIrst matter to undertake
would be to develop a 5yearcapitalimprovement program to identify theueedsof the City.
This would involve the City. Staff, consulting engineers . and fmancialadvisors 'as active
participants. The next 'step would be to take.that information, whatever projects are
identified and their related costs, and determine what the (:ity can realistically afford. The
City Council can then determine how the propositions will be worded and taken to the voters~
The.election can take alotofdifferentforms,broad natured with general improvements in the
City or can be very specific, spelling out limited projects.
The authorization of a bond issue needs to be with a Bond Counsel and General Council in
developing the ordinance calling the election. The bond' election should be called no less
'than 45 days before the anticipated date of the election. Mr. Catuzzi stated that the fmancing
matters pertaining to .the bonds should be addressed by a qualifIed fmancial advisor. The
fmancialadvisor will develop a fmancial plan that .will. incorporate. structure to reflect the
general philosophy of the City. Cash flows. will be generated if it is a revenuedissueand also
a tax table showing the dollar impact of bond sale on taxpayers. Mr. Catuzzi stated that the
components for a successful bond election include public relations. Allpublic entities should
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City Council Workshop 'Session, August 29, 1994
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have an on-going public relations program with community involvement. Advisory
committees can help determine needs, methods of fInancing and help promote the bond
election.
The next step would be one of timing, preparation for the bond sale. Mr. Catuzzi stated that
the City of West University Place, with bond insurance, has a Aaa rating. There are a
number of documents that have to be prepared for the rating companies and for the
investment community. The Official Statement discloses data on area economics, financial
matters, debt structure, etc., and is prepared by the financial advisor and reviewed by the
bond coUnsel. '
Mr. Catuzzi reported that there are several changes in the Federal Tax Code. All of the
bonds issued will be registered bonds which 'allows for the possibility of identifying who
bought, sold, or traded the bonds. Arbitrage requirements and rebate provisions have also
changed. The City can not issue 50 million dollars worth of bonds, thinking that over the
next 10 to 15 years they will be sold, and make investments over the period of time the funds
are not used. The City must identify the amount of dollars that can be expended over a 2
year period, 85% of the proceeds must be spent in that period of time. Mr. Catuizi stated
'that there are several financing vehicles, those being, general obligation tax bonds, revenue l-
bonds and refunding bonds. West University Place, at one time, has refunded bonds, i.e.
taking higher interest rates and refund them into lower interest rates. But, today most of the
City's bonds are low interest rates to begin with. ' There would have to be a significant
improvement in the market before going to another refunding. West University Place's
average coupon is less than 6 %.
Mr. Catuzzi presented a tax rate and cash flow analysis that showed projected values. The
only area that might fall below average is the high percentage of debt service to the operating
budget, approximately 22 %. Mr. Catuzzi commented that the City has good growth and
good collections and there was not really any other area that would fall shy of having very
high levels of efficiency.
Mr. Tanner commented that, in the past, the City has been reluctant to move as much debt as
some cities would toward the utility fund because people wanted to be able to write off taxes
that they could not write off on the utility side.
Council Member Rushing asked when the City would be spending the existing bond funds.
Mr. Tanner stated that Priority Area 2 was already under reconstruction. At the next
regular session, the City Council will be asked to authorize the bids for Priority Area 3 and
will also be asked to consider recommendations for the balance of the proceeds.
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City Council Workshop Session, August 29, 1994
Mayor Watson asked BafI'Y"Smitherman, Vice President of JP.Morgan, if he would like to
speak on the bond issues.
Mr. Smitherman commented .that he wanted to make a distinction between authorization and
issuance of bonds. ,He stated that the City would not want to go into the market until the
money is needed and it is known, with some degree of certainty, when the money is needed.
The worse thing to do is to be stuck in the position with negative arbitrage.
Council Member Rushing requested information regarding the bond proceed investments.
Mr. Taylor stated that the City is in TexPool and up until the last six months the investments
have be good. TexPoolis now lagging since the interest rates are going up. Mr. Taylor
stated that he . felt it was a prime time to take some portion of the proceeds and go with
something a little more aggressive such, as securities.
Mr. <;atuzzi commented that the City has a completely liquid position with TexPool but it
will not be a treasury bill market. He stated that the City Council's job is to protect the
City's money and should take limited risk.
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PROPOSED ZONING ORDIN~CE AMENDMENTS:
The City Council discussed proposed Zoning Ordinance amendments with the Zoning &
Planning Commission.
Members .ofthe Zoning and Planning Commission that were present at the meeting were Joe
Webb, Dan Doughty and Charles Nelson.
Mr. Webb reported that the Commission had reviewed and approved the following changes to
the zoning ordinance:
The area covered by pools would no longer be,inc1uded as "pervious area "for purposes of
calculating the required pervious area per lot. This would increase the amount of surface
area that will absorb rainfall and replenish the ground water supply for the City. Swimming
pools retain rainwater for a brief period and discharge excess water to the City's storm sewer
system.
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The porch exception will be modified. Currently, a. porch may be constructed as much as ten
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City Council Workshop Session, August 29, 1994
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feet in front of the front building line with no restrictions as to width or height. The changes
proposed would limit the size of porches constructed in front of the front building line to a
total of ninety (90) square feet, a maximum height of fourteen feet and one story, and a
maximum width of 44 % of the total width of the lot. Mr . Webb stated that the reason for
this suggested change is that the porches now being constructed are maximizing the allowed
dimensions and becoming an extension of the house, disturbing the common building lines
and eliminating meaningful open space in front yards.
The minimum side setback would change with respect to the 7'/3' exception currently
allowed. Instead of allowing a 3' side setback for the entire buildable space (which.is always
the non-driveway side of the house), a 3' minimum side setback would be-allowed as long as
the side setback averages 5' within 10' of the side property line. This change would allow
neighbors some relief from the closeness of new structures.
The required pervious area would be increased from 24 % to 35 % . Mr . Webb stated that if
a maximum sized home was constructed on a small lot along with a driveway, garage and
front walkway, the pervious area remaining was closer to 30%. Unless another large non-
pervious structure was added in the backyard, the 24% pervious requirement was
meaningless.
The City Council discussed havillg a public hearing to present the proposed zoning
amendments. The City Council agreed to have a joint public hearing with the Zoning and
Planning Commission. '
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The City Attorney left the meeting at 9:30 p.m.
YOUTH CENTER:
The City Council considered a youth center and architectural study of the Community
Building.
Mr. Tanner stated that at the last workshop there was limited support for a Youth Center at
the Community Building but the Staff feels the City needs to move forward with the
rehabilitation of the Community Building as planned. Mr. Tanner requested that the City
Council direct the Staff to, proceed with the original plans.
A motion was made by Council Member Rushing, seconded by Council Member McCandless
to authorize the City Staff to proceed with the original plan for the improvements to the
Community Building and advise the architect to not proceed with the proposed youth center.
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Council Member' Fogler commented that her understanding was that the Council was suppose
to. discuss alternatives and consider other options for a Youth Center.
Council Member Rushing commented that if a Y outhCenter was going to be constructed , he
would like it to be a budgeted item and not use the City's Reserve funds.
Council Member Fogler stated that her fear was that the issue of a Youth Center will be dead
because there will not be another acceptable location.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Abstain:
Mayor Watson, Council Members Rushing and McCandless
None
Council.Member Lewis
Council Member Fogler
PROCLAMATION FOR VOLUNTEER DAY:
Mayor Watson read and signed theProc1amation dec1aring'September 9, 1994 as Volunteer
Day in the City of West University,Place
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 McCandless to adjourn. The
meeting adjourned at 9:45 p.m.
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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CITY aJUNOL ~OP SFSSION
MONDAY, S:W IN\1BER 12, 1994
MUNICIPAL BunnING
3800 UNIVERSITY BOULEY ARD
6:30 P.M
The City Council convened in Workshop Session in the Municipal Building (3800 University
Boulevard) on September 12, 1994, with the following members present: Mayor Watson,
Council Members Rushing, Fogler, Lewis and McCandless. The City Manager, City
Secretary, City Attorney, Finance Director, Public Works Director, Police Chief: Fire Chief:
Parks and Recreation Director, Building Official and Urban Forester were also present.
AGENDA~
The City Council. reviewed the regular meeting agenda,and discussed items under
consideration with the Staff.
MATIERS REIATINGlO RFSOI1J1ION 'llJAT APPROVES 1HE CERl1FIED TAX
ROll... ASSFSSOR-COILECIOR.CERI:m:CA1E AND REIA1ED INFORMATION:
ChriS Taylor, Finance. Director, stated. that Resolution No. 94-15 adopts the 1994 certified tax
roll, the Tax Assesor-Collector's Certificate, and authorizes the Tax Assessor-Collector to take
certain actions. The Tax Assesor-Collectoris authorized to calculate the effective tax rate
and the rollback tax tate under the Texas Property Tax Code and submit such rates to the
City Council. These rates are published and reported to the governing body. He is also
authorized totake.all. other action necessary or incidental to .the timely levy and collections of
taxes by the Taxing Unit.
Mr. 'Taylor reported that the certified taxable value for 1994 is $1,352,060,490 as compared to
$1,268,914,360 in 1993. This represents an increase of 6.5%.
MATIERS REIATINGlOAU1HORIZATION FORPARIICIPATION IN UIIUIY RAm
COAImON:
City Manager Mike Tanner stated that he and City Attorney Jim Dougherty recommended
participation in a utility coalition with the City of Houston and other municipalities to oppose
utility rate increases and seek a decrease. He stated that the City of Houston was the
unofficial leader of the. coalition since it was paying the cost of having it.
City Attorney Jim Dougherty, stated that the City has the option to withdraw from the
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coalition and that any decision regarding utility rates for the City would not occur without
City Council notification.
Mr. Tanner stated that there was no reason for citizens to be "left out" if there is a reduction
in utility rates; therefore, participation in the coalition includes the City in any utility rate
reduction.
Council Member Tom Rushing inquired about a financial risk to the City for coalition
participation
Mr. Dougherty responded that the City of Houston has agreed to absorb all, costs for the
coalition.
Mayor Watson inquired if participation in the coalition would have an adversarial effect on
the relationship between the City and HL&P.
Mr. Tanner replied that the only adversarial effect on HL&P was if there would be a creation
of numerous, separate coalitions and HL&P had to conduct independent studies.
SOU1BSIDE PlACE EMERGENCY MEDICAL SERVICFS <DN1RACf:
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The City Council discussed the provision, conditions and cost of emergency medical service
to the City of SouthsidePlace.
Fire ChiefTeny Stevenson stated that for approximately 10 years, West University Place has
charged the City of Southside ,Place for emergency medical service. The amount has been
arbi1:ra1y. He stated that he and Mr. Tanner requested Seth Young, City Manager-Southside
Place, to devise an agreement to set the cost for emergency medical service. There has been
no response. During Staff budget, discussions this year, the question of what to charge
Southside Place had been presented.
Staff was requesting the City Council to determine the cost of EMS service to Southside
Place.
Mr. Tanner .stated that Southside Place would not pay any amount more than what was
required and would not enter into an agreement unless required to do so.
Council Member Lewis inquired about the amount charged for last year's service.
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Chief Stevenson replied that the costwas $27,100 in 1993 and in 1994, the rate was
scheduled to escalate to $32,000. '
Mr. Tanner eJqllained that theincrease.inthe service rate was to.ba1ance the Southside Place
rate with that of the. rate charged to West University Place residents.
Chief Stevenson revealed that the 1994 rate. was 50% of the increase implemented for
emergency medical service. In1995, 100% increase illlplementation would be reached with
the rate of $54,000. He stated thatSouthside Place feels that the rate is high.
Mr. Tanner stated that Southside. Place, in the past, was delinquent with their payment for a
year and a half He stated that their payment cycle is still on an irregular basis. Mr. Tanner
commented that both cities have had a fair . business . relationship and he would be content to
have a written agreement regarding 'emergency.medical service.
Council Member Lewis stated that she felt Southside Place should pay what West University
Place residents pay, plus an additional percentage.
Council Member McCandless suggested requiring an administrative fee.'
Mr. Tanner stated that at a Staff level, the.sentiment is if Southside Place does not want EMS
service from West University Place, then they are welcome to look elsewhere.
Mayor Watson statedthatthe Staff had the City emmcil's consent to go forward with the
negotiations for provision of: . conditions of and cost . for emergency medical service. to the
City of Souths ide Place.
PRIORIIY AREA.3 (WEST POINTIVIU.ANOV A) RECONS1RUClION:
The City Council considered Priority Area 3. (West Point/Vlllanova) reconstruction, tree
preservation. and authorization to bid
Public Works Director Ed Menvillestated that specifications and plans were completed for
the project and pending Council approval, a bid opening would be scheduled for October 25,
1994. He stated that public meetings would also be scheduled to notifY area residents ofwhat
the project entailed.
On the issue of tree preservation, Mr. Menville stated that there would be an increase, in cost
for Priority Area 3 compared to Priority Area 2. He stated that cost elevation was due to the
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increase. in open ditch street construction and the higher percentage of treatment trees along
the open. ditch streets. .
Council Member Teresa Fogler inquired as to the total cost for tree preservation for Priority
Area 2.
Mr. Menville replied that the cost for Priority Area 2 was $175,819.60 and that the cost for
Priority Area 3 was projected at $277,399. He stated that the tree preservation components
responsible for most of the increase in cost are root pnming and zero curb cut.
Jack Hill, Consulting Urban Forester (ForestIy Associates), stated that pre-treatment costs for
trimming and fertilization in Priority Area 3, in comparison to the costs for Priority Area 2,
indicated only a small percentage increase of 1.067%. An increase in open ditch streets and
the number of trees on the streets in Priority. Area 3 has. contributed to the higher cost
projection.
Mayor Watson inquired about the root pnmingprocess to be .used on open ditch streets.
Mr. Hill replied that where the curb is proposed to go;.thestreet would need to be cut down' [
or the ditch would need to be filled and in that process, tree roots are tom out. The practice
now is to cut the roots as opposed to tearing the roots out. The contractor is responsible for '--
cutting the roots out.
Council Member Lewis asked about the effect of this process on tree survivability.
Mr. Hill responded.that survivability is hard to determine exactly; however, without this
process,' a tree is in danger of being lost. He stated that if a tree is determined to be out of
the range of Sllr\iivability, then the tree is recommended to be completely removed.
The City Manager stated that the City Council and Staff had not made a decision on
replacement trees in the course of removing trees completely.
Council Member Lewis asked Susan Kasper, Tree Section Vice-Chairperson, if she was
satisfied with the current plan for tree replacement.
Ms. Kasper stated that it is easier to remove trees which are pre-determined to be dying or
dead.
Council Member Fogler asked Mr. . Hill about his impression of the tree preservation program
in Priority Area 2.
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Mr. Hill stated that citizens are satisfied with tree preservation in Priority Area 2. He stated
that part of his company's contract included post-construction analysis and notes were being
made during the tree preservation process.
Council Member McCandless asked the Urban Forester for her.views .on Priority Area 2 tree
preservation. .
Urban Forester Nes Tesnoreplied that she was content with tree preservation efforts.
The City Manager asked the City Council if they were pleased with tree preservations efforts
in Priority Area 2 and how they felt . about tree replacement.
Council Member Lewis stated that she supported making tallow and hackberry trees Class 4
designations. She commented that there was no need to save trees which had short life spans
and really only served the purpose of shelter for squirrels and birds. The tree preservation
plan for Priority Area 3 involved a significant number of tallow trees. Council Member
Lewis stated that she would support revising the.tree ordinance to redesignate tallow and
hackbeny trees.
Susan Kasper stated that the people who were dedicated to preserving the City's urban forest
during the tree ordinance process were in favor of designating tallow and hackbeny trees as
Class 4 trees.
Council Member McCandless inquired about the largest diameter which could be safely
replanted.
The Urban Forester stated the diameter for safely replanting a tree is 4-5 inches.
Mr. Hill stated that he has moved larger. diameter trees before. The necessary requirements
were adequate room and money.
The City Manager stated that the issue of indemnification.neededto be addressed before a
motion was made to approve the tree . preservation plan. for Priority Area 3 and authorize the
reconstruction bid process.
. A motionwas'made by'Council'MemberFogler,'seconded by Council. Member Lewis to
approve the tree preservation plan for Priority Area 3 and to authorize the inclusion of the
plan in the bid package for Priority Area 3.
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The motion was voted.on with. the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
On.theissue. ofindemnificatipn,Council Member Lewis supported a liability limit that
reflected a portion of the contract amount. She did not support a $10 million dollar limit on
$2 or. $3 million dollar' contracts.
The City Manager stated that in previous Council discussions, the idea of the City purchasing
insurance and.possibly saving l110ney had been discussed. He stated that a decision had not
been reached due to the upcoming budget process for 1995.
Finance Director Chris Taylor stated that in his discussions with a risk management
constiltingfinn,'the .consultantstrongly advised against · the City providing insurance. for
contracts .
City. Attorney Jim Dougherty replied that the question was whether or not the City. should [
"step up" its own coverage, in general, not about providing insurance for contracts. ·
Council Member Lewis stated that she wanted to adjust the amount that the contractor has to
absorb.
Mr. Dougherty. stated that indemnification, . according to the risk management consultant,
should not be tied..mtothe.. amount of a contract. .. However, sometimes you may have a
correlation between the indemnification limit and the contract amount. Also, the previously
recommended limit of$10 million dollars was suggested because it is believed that
contractors would be able to handle it
Council Member Fogler stated that it washer understanding that the City would use Priority
Area 3' asa trial basis for .theproposed $10 million dollar indemnification limit.
Council Member Rushing stated that the one of the reasons for adjusting the limit was to
encourage large companies,. such as Brown & Root, to bid City projects. He further stated
that he would support a limit of $10 million dollarsona trial basis.
Council Member Fogler stated her understanding was that the proposed $10 million dollar
limit was to be discussed by the Public Works Director and Consulting City Engineer with
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potential bidders for Priority Area 3. at the pre-bid conference.
A motion was made by Council Member Rushing, seconded by Council Member Lewis to
authorize the Priority Area 3 bid package and give authorization to the City staff to' adjust the
indemnification limit, ifthey.so choose, at the time of the pre-bid conference.
The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing, Lewis and
McCandless
Council Member Fogler
None
The workshop session adjourned at 7:30 p.m to convene in Regular SeSsion. The workshop
session reconvened at 8:50 p.m
Properties in the southeast portion of the' City have deeds which reflect a 1932 paving lien.
The City does not have any recordsconceming this paving assessment. Current owners of
the affected properties who are trying to sell their homes are having difficulty with title
companies over this particular paving lien. Due to Staff being unable to verify that an
assessment was actually done, the Staffrecommelldedthat the City Council authorize the
release of the City's interest in the properties affected by the 1932 paving lien. The proposed
authorization would not entail waiving any mon~ owed, but it would limit the City's ability
to collect the debt if the amount was to be determined.
A motion was. made by Council Member Rushing, . seconded. by Council Member Lewis to
authorize the Finance Director to release the 1932 paving lien with the stipulation, that if any
other similar difficulties arise with paving liens for other years, the City Council will examine
and authorize their release as it is' requested.
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The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
IIDGAlION RElATING 10 1REE ORDINANCE:
The City Council considered litigation relating to Tree Ordinance (3800 block of Oberlin,
David Dow, plaintift)
This agenda item was not conducted in executive session as previously intended.
City Attorney Jim Dougherty stated that the case was dismissed. He stated that in the
settlement, the builder will put in 60" of replacement trees (30" inches in the 3800 block of
Oberlin and 30" inches in other parts of the City) with the approval of citizens and
homeowners. Another part of the settlement was a joint statement to the media to:_shield the
reputation of the builder (Rockwell Homes). '-Mr. Dougherty stated that the City was [
dismissed without p~udice from the lawsuit.
The issue of the City making suggestions to homeowners-aboutrearrangingtheir blueprints to
accommodate exi$ting trees was discussed. Building Official Dennis Holm stated that his
department notices. care being taken in plan drawings because builders, including Rockwell
Homes, are aware of the City's. tree ordinance 'and:try their best to draft plans which are
sensitive to the ordinance provisions. Occasionally, the Building Department will suggest that
building plans be' adjusted to accommodate the tree ordinance.
Susan Kasper publicly thanked the City Manager and City Attorney for speaking to the
residents on Oberlin and she thanked the City Council for their positive attitude towards the
tree ordinance. She stated that the Urban Forester and Linda Day, Tree Section Member,
would be writing articles for upcoming issues of City Currents. .. .
ADDURNMENT:
With no finther business to come before the City Co1.U1cil at this time, a motion was made by
Council Member Lewis, seconded by Council Member Rushing to adjourn the workshop
sesSIOn.
KAYLYNN HOLLOWAY 8
CITY SECRETARY
BILL WATSON
MAYOR
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The workshop session adjourned at 9:45 p.rn.
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01Y COUNOL REGUIAR SESSION
MONDAY, SEP ll!.MBER 12, 1994
MUNICIPAL BUlIDING
3800 UNlVERSTIY BOUlEY ARD
7:30 P.M
The City Council convened in Regular Session in the Municipal Building (3800. University
Boulevard) on September 12, 1994, with the following members present: MayorWatson
presiding, Council Members Rushing, Fogler, Lewis and McCandless. The City Manager,
City SecretaIy, City Attorney, Finance Director, Public Works'Director, Police Chiet: Fire
Chiet: Parks and RecreationDirector, Building Official and Urban Forester were also present.
Mayor Watson delivered the invocation and Council Member Fogler led the Pledge of
Allegiance.
CnlZl!Ns \VHO 'WISH TO BE HEARD:
Dr. Susan Miller, a resident at 3801 Oberlin, stated that she observed a live oak being
removed from a spec home site. in the 3800 block of Oberlin. She stated that she contacted
the Urban Forester and found out that a permit had been granted for the removal. of the tree.
Dr. Miller was dismayed that the City's tree ordinance would allow suchan occurrence. She
did not feel that the replacement of 60 inches was adequate and that the tree shouldi'never
have been removed.
Bob Franco, a resident at 3801 Oberlin, stated that common sense had been violated in the
3800 block of Oberlin. He was opposed to the removal of the live oak tree that Dr. 'Miller
previously spoke about.
Bill Mize, a resident at 3811 Oberlin, stated that he would like to see the tree ordinance
retained and not changed. He further stated that he would like to see the tree ordinance
enforced. Mr. Mize requested that he wanted to see the Urban Forester work closer with the
builders to reduce the number of trees . being removed. He wanted to know the balance of the
Tree Trust Fund
Nancy Mize, a resident at 3811 Oberlin, stated that residents in the 3800 block of Oberlin
care about the City and are the epitome of what the City of West University Place stands for.
She questioned the City Council's idea ofwhat the City's image should be.
Amanda Draper, a resident at 3812 Oberlin, stated that she was teaching her children that
trees .were protected, especially in the' City. Mrs. Draper stated that tearing down trees . is not
right.
Steve Draper, a resident at 3812 Oberlin, asked the Mayor and City Council, hypothetically,
if they would take drastic measure or action in order to resolve something they felt was the
right thing to do.
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Mayor Watson stated that he would not. Council Member Fogler stated that she would
Council Members McCandless, Lewis and Rushing .abstained' from answering.
COuncil Member ;McCandless.stated that it was unfair for anindiyidual to ask such a question
of the Mayor and City.. Council when a Tree Task Force had spent 18 .monthsdiscussing and
considering the iSfiueoftree preservation in the City. He stated tlJat theTask Force worked
with two City Councils before. a tree ordinance was enacted and. that the tree ordinance was
partially intended to "take the teeth out of the spec builder" whehtheremovaloftrees was
involved. He stated that there was a united front between City government and residents on
the tree preservation issue, in that everyone wanted to preserve the urban forest.
".
Mr. Draper replied that he appreciated Council Member McCandless' comments. He.stated
. that everyone was accountable for tree. preservation.
Dr. Bob Rakita, a.resident at 3830 Oberlin, stated that the residents on . Oberlin were content
with the tree ordinance; however, they felt that it was not being enforced. He formally
requested that the City reimburse all plaintiffs in theDow vs. City of West University Place,
etc. lawsuit for attorney's fees. Dr. Rakita explained.tlJat the plaintiffs felttheJawspit was
brought about asa result of the City not enforcing the tree ordinance. . He stated that his next l_
door neighbor was the person most damaged by the removal of the 65 year old live oak tree.
His neighbor, Judith Smith Weil (3826 Oberlin). waS uiJ>lble to atl(nd the City Council-
meeting and gave a statementfor Dr. Rakitatoread alo~d In her letter Ms.Weil opposed
the destruction of the tree next door to her property. She wrote that the loss of the tree could
damage the resale value of her home.
David Dow, a resident at 3820 Oberlin, stated that the house next to him.used to have five
large trees on the. property. Earlier this year, the two.pecantreesin the.backyard were
removed for no reason. He stated that one was on his property . line and he cut a hole in his
fence so as not to inhibit the tree. He stated that the property would only have two trees left
on it since the live oak tree in question was going to be removed. He stated that the tree
ordinance is magnificent. . However, pennits .are being readily. granted as long as people agree
to plant smaller, younger trees. Mr. Dow stated. that the tree ordinance is to save trees, not
provide for removal of older established trees in exchange for the smaller, younger trees.
Michael Neal, a resident at 2616 Pemberton, stated. that he read the tree ordinance and
attended numerous meetings about it before it was passed. Mr. Neal felt that he wanted to go
on record as sayingthat he'did not believe that there was a "clandestine effort" to circumvent
tree ordinance provisions and .misuse funds in the Tree Trust. He'stated that spec builders
were property owners who were entitled to make decisions regarding their property. He
further stated that.they should not be considered to have lesser rights since they were
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planning on selling the homes they constructed. Mr. Neal stated that residents on Pemberton
were blessed with some of the largest trees in the City. He interpreted the tree ordinance to
allow for property owners to do with their property as they wanted, while providing for more
trees in the City. Mr. Neal further stated that if neighbors benefit from another property
owner's trees, paint color, etc. that was great. However, the property owner had the right to
change anything on his property without having to consult his/her neighbors.
Patrick Dugan, a resident at 3719 Rice Blvd, stated that he was concerned about spill light
onto neighboring residences from the lighting design for Fields 4A and 4B. He contacted the
designer regarding this issue and the designer stated that the design was done a year ago, he
was not aware of nearby residences and that there were design areas' which'he thought could
be modified. Mr. Dugan stated that the amount of light that might end up in his backyard is
greater than 75% of what will be on the field He stated that the designer said there are
many options to be utilized to minimize the overspill of field lighting onto neighboring
residences. The designer stated that it would take approximately 2-3 days to amend the
current lighting design. Mr. Dugan asked the City Council to consider the inconvenience to
affected residents under the current lighting design. He further stated that he would be
willing to discuss the matter with the appropriate Staff member or City Council iri-order to
reach an agreement to benefit all parties involved.
The City Manager replied that Staff had already requested the designer to suggest plan
modifications.
Ralph Pokluda, a resident at 5320 Sewanee, stated he and his neighbors were concerned about
the upcoming Mediterranean Festival at the Greek Orthodox Church. The areas of concern
were parking, Festival hours and garbage. He stated.that in the past, garbage has exceeded
the dumpster capacity and garbage pickup was inadequate. He requested the City to
encourage the Church to have some type of formal traffic control and parking plan.
Joe Studlick, a resident of 5321 Sewanee, stated that he and Mr. Pokluda were requesting a
"pro-active stance" by the Mayor and City Council pertaining to their Mediterranean Festival
concerns.
REaJGNl'IION OF VOUTII COUNCIU
Recognition was given to the Members of the West University Place Youth Council.
Council Member Lewis and Parks and Recreation Director Mark Mailes presented Certificates
of Appreciation to the Youth Council Members present.
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RESOllJ1ION TIlAT APPROVES 1HE CERIIFIED TAX ROT I t ASSESSOR-
COILECfOR CERlIFICAlE AND REIA1ED INFORMATION:
Council Member Rushing read the caption as follows:
A RESOLUllON ACKNOWLEDGING RECEIPT OF APPRAISAL ROLL,
ASSESSOR-COLLECTO~S CER11FICAlEAND RELAlED INFORMATION;
DESIGNATING A PERSON TO CALCULAlE CERTAINTAXRAlES, MAKE
CERTAIN PUBliCATIONS AND PERFORM OllIER REIAlED TASKS;
DECIDING ON 1HE AMOUNT OF SURPLUS AND UNENCUMBERED
FUNDS TO BE USED TO PAY DEBT SERVICE; AND CONTAINING
RELAlED PROVISIONS.
A motion was made by CoWlcil Member Rushing, seconded by Council Member Lewis to
. approve Resolution No. 94-15.
.
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
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RESOUJ1ION AU'IHORIZING PARIlOPAlION')N.UIIUIY RAlE mAT mON:
Consideration was given to Resolution No. 94-16
Floyd LeBlanc, HL&P representative, stated that his company would ensure that all cities
"come out the same" on the rate issue.
Council Member McCandless read the caption as follows:
ARESOLUllON AUIHORIZINGlHECIlYOFWESTUNIVERSIlYPLACE,
lEXAS TO JOIN IN lHE FORMATION AND OPERATION OF A COAliTION
OF CITIES CONCERNING lHEEIEClRIC RAlES OF HOUSTONUGHIING
AND POWER COMPANY; AUIHORIZING SUCH COALITION TO
INTERVENE ON BEHALF OF lHE CIlY OF WEST UNIVERSIlY PLACE IN
PUBUC UTILIlY COMMISSION IXX::KET NO. 12065 AND TO TAKE
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OlHER APPROPRIATE ACTIONS REIATING TO ElEClRIC UTIIlTY
RA1ES; MAKING CERTAIN FINDINGS AND TAKING OlHER ACTIONS
REIATING TIffiRETO.
A motion was made by Council Member McCandless, seconded by Council Member Lewis to
approve Resolution No. 9~16 and amend Section 2 to include the "led by the City of
Houston" .
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
CITY <X>UNOL l.\'lliEIlNG MINUTES: Consideration was given to the minutes of the
following City Council meetings
(a) Workshop Session conducted on August 1, 1994
(b) Workshop Session conducted on August 8, 1994
(c) Regular Session conducted on August 8, 1994.
(d) Special Session conducted on August 15, 1994
(e) Workshop Session conducted on August 22, 1994
(f)Regular Session conducted on August 22, 1994
City Attorney, Jim Dougherty, recommended that the minutes of the Workshop Session on
August 22, 1994, page 5, paragraph 2, be amended to include "a joint recommendation was
to include a new clause in City contract documents". He also recommended that the
Workshop Session of August 8, 1994, page 3, paragraph 1, be amended to change the word
"would" to "could".
A motion was made by Council Member Rushing, seconded by Council Member McCandless
to accept the minutes with the recommended amendments.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
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Absent: None
COUNOL a:>MMENTS:
Council Member Linda Lewis thanked the Oberlin residents who attended the meeting. She
stated that the current tree ordinance does protect the City's urban forest, however, it does not
prohibit someone from removing a tree. She further stated that it provides a vehicle for
replacing removed trees. Council Member Lewis stated that it does make her angry when
people do not show concern for the urban forest.
Council Member Teresa Fogler stated that a tree ordinance which prohibited the removal of
trees, as the Oberlin residents suggested, was politically infeasible. She stated that the current
Council amended the tree ordinance to financially affect builders who removed trees by the
creation of the Tree Trust. She stated that she was very impressed by the sense of
community on Oberlin.
Council Member McCandless stated that he is strongly in favor of property rights. Jle also
stated that there were builders in the City who were conscious of the importance of trees.
Mayor Watson stated the City had the most stringent tree ordinance in the state. He stated
that people should be given the right to use their lot, if they replace trees. The City should
not use implied condemnation to influence what people do with their property.
ADJOURNMENT:
A motion was made by Council Member Lewis, seconded by Council Member Rushing to
adjOtnll the regular session and reconvene the workshop session.
The regular session adjourned at 8:42 p.rn.
,
BILL WATSON
MAYOR
KAYLYNN HOLLOWAY
CITY SECRETARY
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CITY COUNCIL ~OP SESSION
MONDAY, SEl"ll!MBER 26, 1994
MUNIOPAL BURnING
3800 UNlVERSIIY.BOUlEV ARD
6:30 P.M
The City Council convened in Workshop Session in the Municipal Building (3800 University
Boulevard) on September 26, 1994, with the following members present: Mayor Watson
presiding, Council Members Rushing,' Fogler,. Lewis and McCandless. The City Manager,
City Secretary, City Attorney, Finance Director, Public Works Director, Police Chiet: Fire
Chiet: Parks and Recreation Director, Building Official and Chief Accountant were also
present.
AGENDA REVIEW:
The City Council reviewed the regular meeting agenda and discussed items under
consideration with the Staff.
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J MATIERS RElATING 10 \VIER PARK IMPROVEMEN'IS:
Mark Mailes, Parks & Recreation Director, reported that the Parks & Recreation Board would
like to use $9,500 from the Water Bill Check-Off fimd to bury the telephone and cable
television lines in Wier Park
Council Member Lewis commented that she was not sure if the $9,500 should be used to
bury utility lines. She felt that it would be sufficient to raise the lines five feet and use the
money for something more noticeable and better appreciated by the majority of the residents.
Ross Frazer, Chainnan of the Friends of West University Parks Fund, commented that the
issue had been raised during the Parks Board meetings that the lines could possibly sag if
. they were only raised.
Council Member Fogler commented that she felt the money from the Water Bill Check-Off
Fund should be used in a way to encourage residents to continue to ~onate money to the
Fund
Council Member Lewis stated that at one time the Parks Board was willing to compromise,
that is, if the Council was willing to authorize the rubber play surface then they would not
bury the lines.
Council Member Fogler commented that she was apprehensive because the Council agreed to
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pay $88,000. for the renovation' of Wier Park and anything above and beyond that amount the
Parks Board would have to pay for. She felt that if burying the lines was the lowest priority
and it got. scratched from the original plans. then the Parks 'Board should not come back later
and ask for additional funds.
CoUncil Member Lewis rommentedthatshe felt the condition of the tennis court was more
important than the lines being buried.
MATIERSREIA1INGTOMILTONS1REEfPARK IMPROVEMENTS (PHASR TQ:
Mr. Mailes presented acolorrendition of the plans for Milton Street Park He stated that the
plans for Phase II calls for the completion of sidewaIks,inStallation of playground equipment
and a tree-ring pavilion
The City Council requested a preliminary meeting with the architect and a few members of
the Parks Board to discuss the final'plans for Milton Street Park
SOlID WAS'IEMANAGEMENT ISSUES:
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Cindy Neal, . Vice-Chairman of the Recycling Committee discussed a yolumerate. and related
issues with the. City Council. .
. Mrs. Neal reiterated the goal of the Recycling Committee as the reduction of solid waste that
goes to the landfill. This would be accomplished through education, through the
implementation of an' incentive base program and by including all recyclable materials. Ms.
Neal stated that the Recycling Committee.had been comfortable with theeducation'aspect but
commented that she has recently been disappointed by the elimination of her articles from
City Currents.
Council Member Lewis asked if the Recycling Committee would be interested in a one-time
Recycling Fair to.help citizen awareness and generate interest in'recycling.
Mrs. Neal stated that her Committee feels that repeated exposure, allowing citizens every
month to recycle those items not normally accepted, was a preferable approach.
The City Council agreed to seta Workshop Session with the Recycling Committee to discuss
solid waste management on Monday, October 17 at 7:00p.m.
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Mike Tanner, City Manager, commented that the Finance Director wanted an opportunity to
bring some issues and ideas to the Council's attention.
Chris Taylor, Finance Director, stated that from an administrative standpoint he was not
looking forward to trying to administer a sticker program. He added. that the sticker system
has been called "an incentive system" but he viewed it as a punitive system. Mr. Taylor
stated that a consumer usage base is more widely used and much easier to implement. He
suggested that the City take the money that is received from recycling and turn that money
directly back to the citizens. This money could be used for playground equipment for the
parks or can smashers to be distributed to every residents. Mr. Taylor suggested using the
money for a positive incentive so that residents can see where the recycling money is going.
He felt that this approach would let the proceeds of recycling fall directly back to the people
that are participating.
Mayor Watson asked how this idea could be implemented.
Mr. Taylor stated that a separate revenue fund could be created so that the recycling funds
would be deposited into this account. This money could then be used for whatever..the
Council designates. There'would not be'a volume based fee'involvedbut the waste stream
would still be cut and there would be less waste to the landfill.
Council. Member Lewis commented that she liked Mr. Taylor's idea and felt the concept
would be very easy to implement
Council Member Fogler stated that she liked the idea of an incentive based program but she.
did not feel it should be the exclusive remedy. She commented that she did not think it was
necessary to totally throw out the notion of volume based trash pick-up. Council Member
Fogler stated that if the Council chooses to not. take the consumptive based route then the
City should accept and pick-up other recyclables. which would generate significant money.
Council Member Fogler read a letter she received from Richard Beck, a resident at 4152
Tennyson, who suggested that'each garbage truck should be outfitted with'a data collection
system and automatic scale.' The data could be consolidated on a monthly basis and billed
accordingly.
Mayor Watson suggested that the City Secretary invite Mr. Beck to the Workshop Session on
October 17.
PRIORTIY AREA 4 AND 5 SANITARY SEWER RECONSlRUCITON:
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The City Council discussed Priority Area 4 and 5 sanitary. sewer improvements.
EdMenville, Public Works Director, stated that Priority Area 2 was under reconstruction
using GeneraL Obligation Bonds. . These bonds can be used for any type of improvements
related to water, sewer, streets and drainage. The City has also. acquired from. MElRO over a
million dollars in.grantmoIley~ Mr. Menville reported that part of that money is clearly
eannarked for improvements toWeslayan Street hut the balance can be used for any type of
street improvements. Mr. Menville advocated taking the remainder MElRO dollars and
. putting them into other street improvements in the area thereby freeing up bond dollars which
can be used for sewer improvements in Priority Areas 4 and 5. This would give the City an
opportunity to usetheunderruns for problem sewer areas.
Mr. Tanner stated that the balance of the bond dollars would be used to address sanitary
sewer alone and later after another successful bond issue was passed, continue with the "high
impact" reconstruction
Council Member Fogler"asked how moving away from "high impact". reconstruction would
effect the cost of Priority Areas 4 and 5. _
Dieter Ufer,Consultant from Langford Engineering,. stated that he thought the total project [
could be slightly higher, but it would depend on the bids. received. There is usually a. savings
by quantity of work for the. contractor. This has been proven in both Priority Areas"1 and 2.
Mr. Ufer commented that what detennmes the priority areas is sewage or lack of it.
ColUlcil Member McCandless asked. if the Staff-could isolate the specific sewer lines that
would need improvements in order to solve the major sewer.problems. He commented that
he thought this approach would lower the' impact of the "high impact" situation.
Council Member Fogler asked how much time would residents in Priority Areas 4 and 5 be
under construction if the sewers were reconstructed first.
Mr. Ufer stated that the reconstruction would be stretched out over a longer period of time.
Mr. Tanner stated that he would like to take more time to study the reconstruction progress in
Priority Areas 2 and 3 before a final decision was made to proceed but he asked that the City
Council authorize the development of plans and specifications for Areas 4 and 5.
The workshop session adjourned at 7:30 p.rn. to convene in Regular Session. The workshop
session reconvened at 8:30 p.rn.
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The City Attorney left the meeting at 8:30 p.rn.
The City Council continued their discussion of Priority Areas 4 and 5 Reconstruction.
Council Member McCandless commented that the Council could be conceived as backing
away from the "high impact" type of philosophy if only sanitary sewers were done first in
Priority Areas 4 and.5.' He felt the City Council should proceed with a bond election as
soon as possible.
The City Council discussed having a bond election in the coming year.
1995 PREUMINARY BUDGET:
The Staff presented the 1995 preliminary budget.
Mr. Tanner stated that the 1995 budget reduces the current ad valorem tax rate and maintains
existing utility rates and fees. The ad valorem tax rate will decrease to $.37. Mr.l'anner
stated that he felt a major accomplishment is the fact that the City can avoid a rruyor water
. increase with a simple policy adjustment so when the conversion to surface water is made,
sometime in March 1995, residents will not see a 50% increase in their monthly bill. The
policy change will eliminate the depreciation as a component of utility rates which will free a
significant amount for the payment of costs associated with the purchase of treated surface
water from the City of Houston. At the present time, approximately $600,000 is generated
for the Utilities' Fund Reserve which.is used to replace.the system as each component. meets
and exceeds its life. The Staff is proposing to no longer depreciate because the City has
made a commitmentto high impact and long term infrastructure replacement. Mr. Tanner
commented that there was no reason to build a huge reserve to replace a system that is being
replaced anyway. Mr. Tanner reminded the City Council that once the depreciation
component is eliminated, the City will no longer continue to generate the revenue or build the
reserve that it once did. At some point in time, the City will have to be more careful at how
the Utilities Fund Reserve is utilized. However, the policy to eliminate depreciation could be
reversed if necessary.
Mr. Tanner stated that the Staff has presented a modest travel and training budget and very
modest expense accounts. The budget includes two new full time employees as meter
readers. The Fire Department is proposing to hire a part-time clerk to help with the billing
and collections and provide some continuity in the Department. A 3% across theboard pay
increase is included and should help preserve a moderate"tumover rate and help employees
. keep pace with inflation. Mr. Tanner stated that the City Will have the resources that are
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needed. A new pumper, fire engine, will be purchased out of the General Fund Reserve. A
new sideloader garbage truck is also budgeted for 1995.
The City Council briefly discussed the City's pay plan and the possibility of engaging Waters
Consulting Group to reevaluate it.
The City Council agreed to meet in Workshop Session on October 4th and 6th to :fully
. discuss line items of the 1995 budget. .'
ADDlJRNMENT:
With no finther business to come before the City Council at this time, a motion was made by
Council Member Lewis, seconded by Council Member Rushing to adjourn the workshop
SesSIOn.
The workshop session adjourned at 9:45 p.rn.
KA YL YNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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Q1Y COUNCIL REGUlAR SESSION
MONDAY, SEl'lNWJER26, 1994
MUNIOPAL BlJIIDlNG
3800 UNlVERSTIY BOUlEVARD
7:30P.M
The City Council convened in Regular Session' in the Municipal Building (3800 University
Boulevard) on September 26, 1994, with the following members present: Mayor Watson
presiding, Council Members Rushing, Fogler, Lewis and McCandless. The City Manager,
City Secretary, City Attorney, Finance Director, . Public Works Director, Police Chiet:Fire
Chiet: Parks and Recreation Director,. Building Official and Accounting Supervisor were also
present. Reverend Charles Blackmon, Jr. of the West University Baptist Church delivered the
invocation and Council Member Lewis led the · Pledge of Allegiance.
Cnl.Z.l!Ns WHO WISH 10 BE HEARD:
Dorothy Rieger, a resident at 6516 Brompton, stated that she noticed in the minutes of one of
the Council Meetings that the statement was made that she and Senior' Services were
responsible for the Youth Center not being approved at the Community Building. She stated
that the Seniors were not involved at all. Mrs. Rieger asked if the Building Inspectors look at
a builders plans and. the lot to see if the house will be proper' for the lot. She inqUired if the
inspector could ask the builder to change his plans in order toprevent a tree from being
removed.
Mike Tanner, City Manager, stated thatthe plans and the lot were inspected but it is to
determine if construction meets specific regulations. Mr. Tanner reported that the Urban
Forester will encourage the builder or the architect to think about a change in order to save a
tree.
RECOGNTIIONOF BOY Sa>1JT:
Jack Hassenbusch, Eagle Scout Candidate, was recognized for conducting a study on behalf
of the City. Mr. Hassenbusch presented theCity with a map he developed that surveyed all
the homes in West University Place and classified them as to their structural condition.
Mayor Watson presented Mr. Hassenbusch with a certificate of appreciation from the City.
RESOllJ'llON APPOIN11NG AND RE-APPOIN11NG MEMBERS 10 1HE BOARD OF
1HE FRIENDS OF WEST UNlVERSTIY PIACEPARKS FUND:
Consideration was given to Resolution No. 94-17
Mayor Watson read the caption of the Resolution as follows: .
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A RESOLUTION APPOINTING AND RE-APPOINTINGMEMBERS OF TIlE BOARD OF
TIlE FRIENDS OF WEST UNIVERSITY PARKS FUND, A NON-PROFIT
CORPORATION; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO
TIlE SUBJECT.
MarkMailes,Pm:ks. and Recreation Director, stated that the Resolution would reappoint four
members to the Board and would also fill four vacancies.
Ross Frazer, Chairman of the Friends of West University Parks Fund, stated that Larry
Massey volunteered to act as a nomination chairman and was recommending the four new
appointments.
A motion was made by Council Member Rushing, seconded by Council Member Lewis to
approve Resolution No. 94-17.
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
WIER PARKIMPROVEMEN1S:
Consideration was given. to a change order in the amount of $9,500 to relocate Wier Park
utility lines and the. use of park development fimds.
Carol Burke, ChainnanoftheParks and Recreation Board, stated that the Board has received
the contract for Wier Park and.. even though it came in higher than they . expected, they still
feel it is important to bury the utility lines.at this time. The contractor has told Mr. Mailes
that if the. lines' are buried at a later time there is likely to be disruption to the new
improvements.Mrs; ]3urkestated that the Board is requesting that the City Council' approve
$9,500 out of the Water Bill Check-Offfimd There iscurrentIy $18,000 in the water fimd to
be used for park and park improvements.
Council Member Rushing asked why some of the utility lines' would be left and others would
be put underground
Mrs. Burke stated that the HL&P line is much 'higher up and more expensive to bury. The
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cable and telephone lines are lower and are the ones that most people hit when they' are
playing tennis.
Council Member Rushing asked how long it has been since funds have. been expended from
the Water Bill Check-Off fund.
Mrs. Burke responded that the City Council allocated $7,500 to the Parks Board in January of
1994 to be used for general maintenance purposes. The Board has currently spent $3,000 of
those funds.
Mayor Watson asked how fast the funds accumulated in the account.
Chris Taylor, Finance Director, reported that the City collects approximately $4,000 a year.
Council Member Lewis asked if the lines interfered with the impact of the improvements that
are being made to the park. She stated that she has still not heard a good argument for
burying the lines.
Council Member Fogler stated that she did not view this item as a decision onwhefuer the
lines should be buried now or later. She viewed it as whether the lines need to be buried at
all. Council Member. Fogler stated that she . did not feel that burying the lines would ever be
a high enough priority or that the City would ever be so far along in park development that
the Council would decide to spend the funds. She stated that she felt the City should use the
money to do something visible to engender interest in having people contribute more money.
Cotmcil Member Fogler stated that the Parks Board and the City Council working together
. made the decision that if there wasnotenough money then burying the lines would be left
out.
Mrs. Burke stated that Wier Park is suppose to be the "premier park". She stated that this
was the park that the Board would take the Foundations to when they are doing their fund
raising. She did not feel the park should have power lines running down the middle of it.
Council Member McCandless aSked what was the life expectancy of the lines.
Mike Tanner, City Manager, stated that the life of the lines was not a factor. Any problems
would relate to conStruction at the surface.
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A motion was made by Council Member Fogler, seconded by Council Member Lewis to not
approve the expenditure of the $9,500 to bury the lines.
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The motion was voted on with the following result:
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Voting Aye: Council Members Fogler and Lewis
Voting Nay: Mayor Watson, Council Members Rushing and McCandless
Absent: None
The motion failed.
A motion was ~e by Council Member Rushing, seconded by Council Member McCandless
to approve the Parks & Recreation Board recommendation to expend $9,500 from the Water
Bill Check-Off fund to bury the utility lines at Wier Park
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing and McCandless
Voting Nay: Council Members Fogler and Lewis
Absent: None
The motion passed.
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MILTON S1REEf PARK IMPROVEMEN'IS (pHASE 1t):
Consideration was given to Milton Street Park Improvements (phase'IT), the use of park
development fimds, expenditures of the Friends of West University Place Parks Fund Board
and the engagement of a landscape architect.
Cindy Sparkman, a member of the Parks & Recreation Board, asked the City Council to
approve the expenditure of $90;000 for the completion of Milton -Street Park The money has
been approved by the Friends Board and comes from the Park Lovers Ball and Park Fest. In
addition to the $90,000, the Parks Board asked that the Council engage Stanger & Associates
to do the architecturaJ. services at Milton Street Park David Stanger's fees are $9,735 and
they are incorporated in the $90,000.
Council Member McCandless stated that he wanted to be assured that the sidewalks would be
completed in the park
Mrs. Burke stated that the sidewalks would be completed.
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Council Member Rushing asked if the Parks Board has been pleased with Stanger &
Associates and his involvement with Wier Park.
Mrs. Sparkman stated that the Parks Board has been very pleased with Mr. Stanger's work.
Council Member Rushing asked how long before the improvements would begin.
Mr. Mailes stated that Stanger & Associates would start immediately and improvements
would possibly begin around the first of the year.
A motion was made by Council Member Fogler, seconded by Council Member Lewis to
approve the expenditure of $90,000 from the Friends of West University Parks and engage
Stanger & Associates for Phase n of Milton Street Park.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
APPOIN1MENT OF HOUSTON-GALVESTON. AREA <DUNCIIiREPRFSRNTA~.
Consideration was.' given to the appointment of representatives to the General Assembly of the
Houston-Galveston Area Council.
A motion was made by Council Member Rushing to appoint CouncilMember McCandless as
the City's representative to the General Assembly of the HGAC.
Council Member Lewis amended the motion to appoint Council Member Rushing as the
alternate representative to the HGAC.
Council Member Fogler seconded the motion as amended.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
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01Y COUNOL J.\'.Ui.EIlNGMINUTFS:
Consideration will be given to the minutes of the following City Council meetings:
(a) Workshop Session conducted on August29,1994
(b) Workshop Session conducted on September 12, '1994
(c) Regular Session conducted on September 12, 1994
The City Council agreed to table the Workshop and Regular session minutes' from September
12, 1994 until the next regular sessiolL
A motion was made by Council Member Fogler, seconded by Council Member McCandless
to approve the minutes of August 29, 1994.
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
COUNOL.CDMMENTS:
Council Member McCandless asked that the Council review the vacancies on boards,
commissions · and! committees.
STAFF REPORT:
The City Manager reported that the residents living in the area around the Mediterrean
Festival were. generally pleased with the control provided but there were still concerns with
one or two areas. Mr. Tanner stated that next year an additional dumpster may need to be
added because the dumpster at the site had not been picked up.
The Parks and Recreation Director'reported that the Youth Committee was formed'to help
plan activities for them during the year. Ivfr. Mailes.stated that the COmmittee is meeting on
a monthly basis and planning monthly events or parties. A pizza party is planned at Colonial
Park and a Halloween Costume party is planned for the end of October. The goal of the
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City Council Regular Session, September 26, 1994
Committee is to try to have an event every month.
Council Member Rushing inquired about the progress of Priority Area 2 reconstruction and if
there were any surprises as the project moved fOlward.
Ed Menville, Public Works Director, commented that there were not any surprises, however,
the sewer portion of the project.was lagging. They have encountered some old utilities that
created a problem but the project should be picking up pace." . Mr. Menville reported.that
complaints he received involved the smoke from one of the machines and problems with the
detours on the streets.
Council Member Rushing asked that the citizens in the area be . notified frequently and in a
timely manner.
Council Member Lewis asked that the City Currents be used as a tool for communication.
ADJOURNMENT:
A motion was made by Council Member Lewis, seconded by Council Member McCandless to
acljoum the regular session and reconvene the workshop session.
The regular session adjourned at 8:25 p.rn.
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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CITY COUNCIL WORKSHOP SESSION
MONDAY, OCTOBER 4, 1994
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
The City Council convened in Workshop Session in the Community Building Activity Room
(6104 Auden) on October 4, 1994 at 7:30 p.m., with the following members present: Mayor
Watson presiding, Council Members Rushing, Fogler, Lewis and McCandless. The City
Manager, City Secretary, Finance Director, Police Chief, Fire Chief, Parks & Recreation
Director, Director of Public Works and Chief Accountant were also present.
CONSIDER PROPOSED 1995 BUDGET:
The City Council reviewed the proposed City budget for fiscal year 1995 with the City
Manager and Director of Finance.
The City Council discussed individual department's budgeted capital expenditures.
Expenditures include fax machines, computer equipment, furniture and fixtures, two patrol
cars and mobile data terminals for the Police Department, a sideloader for Solid Waste
Management, a car for Senior Services and exercise equipment for the Parks & Recreation
Department. Capital projects include the rehabilitation of the Public Works Center,
Community Building and Colonial Park.
Council Member McCandless requested that an outline of significant 1994 activities or
achievements be added to the Activity Summary sheets for each department.
No action was required of the City Council at this time.
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. Themeeting
adjourned at 10:07 p.m.
KAYLYNN' HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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CITY roUNOL ~RKSHOP SFSSION
MONDAY, OCIOBER 10, 1994
MUNICIPAL BunnING
3800 UNlVERSITY.BOUIEVARD
6:30 P.M
The City Council convened in Workshop Session in the Municipal Building (3800 University
Boulevard) on October 10, 1994, with the following members present: Mayor Watson
presiding, Council. Members Fogler, Lewis and McCandless. The. City Manager, City
Secretary, City Attorney, Finance Director, Public Works Director, Police Chiet: Fire Chiet:
Parks arid Recreation Director, 'Building Official and Chief Accountant were .also present.
Council Member Rushing was absent.
AGENDA REVIEW:
The City Council reviewed the regular meeting agenda and discussed. items . under
consideration with the Staff.
MATIERS RElATING lORFSOIIJ1ION NO. 94-18 REGARDING umnY RATFS:
Jim Dougherty, . City Attomey, reported that the City of Houston has begun an electric rate
inquiry by giving notice to Houston Light and Power. This notice requires HL&P to file rate
data with Houston, and it sets up a public hearing process. Mr. Dougherty stated that in order
. for West University Place to stay in sync, the City needs to also give notice under Section 42
of the Public Utility Regulatory Act. Under Section 42, cities have the authority to reduce
rates. If the City of Houston reduces the rates, neighbOring cities would have to take the
same action to keep their rates equal.
Mr. Dougherty stated that adoption of Resolution No. 94-18 would be the first step necessary
for the City of West University Place to keep the rates equal
Mayor Watson asked if sUITOundingcities were joining the Coalition.
Chris Taylor, .Finance Director, stated that he was unsure how many cities had actually joined
the Coalition but he understood that approximately 85% of HL&P residential customers had ..
already entered.
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MATIERS REIA1ING TO 1HE ENGAGEMENT OF MANAGEMENT OlNSlJEI1NG
FIRM:
Mr. Taylor stated that the Pay Plan Committee was established to review specific items of
concern in the City's pay plan. The Committee has addressedtheintemaI equity of the pay
plan but the extefnaLequity has to do with the pay plan as it relates to the. market and other
cities. Mr. Taylor stated that the Committee feels that the City would'be better served to
engage a consulting group to:address theexternaIequityportion.. Waters ConsilltingGroup
estitnated three days on site hut Mr. Taylor commented that he did not feel the project would
take that long. The estimated cost is between $3,000 and.$5,500 depending on the amount of
time needed. .
MATIERS RElATING TO BUDGET AMENDMENT ORDINANCE:
Mr. Taylor reported that Ordinance No. 1485includesacljustments to the budget to reflect the
City's.actuaI spending for the current year. Appropriations would be made to cover City
Council approved projects such, as. an emergency belt. press repair at the sewage tr~ent
plant, . Tri-Sportsfield lighting, landfill closing expenses. and emergency sewer line repairs. I
Administrative adjustments would be made to coveractuaI.expenses .for workers' - l
compensation, . liability . insurance and unemployment insurance. There was a'savings in' this
areabecauseestitnates exceeded the actuaLpremiums. Funds received from MElRO grants
were not included in the 1994 budget and the'amendment would include appropriations for
those fimds.
PRIORTIY AREA 4 RECONSlRUCIION:
The City Council discussed bond proceeds, an anticipated balance and partial reconstruction
of Priority Area 4.
Mike Tanner, City Manager, stated that at the last workshop, . the Staff and theGity Council
had discussed the possibility of proceeding with sanitary sewer reconstruction in Priority
Areas 4 and 5. There was some concern expressed at that time, that the City would be
moving away from high impact infrastructure replacement. .Mr. Tanner stated that Ed
Menville, Public Works Director and Dieter Ufer,Consulting Engineer from UUlgford
Engineering, were present at the meeting to discuss other possibilities for staying with the
high impact improvements.
Mr. Menville stated that the City had enough surplus funds to continue with the high impact
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construction and begin work'mapproximately 60% of Priority Area 4~ This area would
include Rice Boulevard on the north, Academy on the east, Swarthmore on the south and the
railroad tracks on the west. The estimated cost for this project is $3,825,000. Mr. Menville
stated that this would allow the City Council to continue with their philosophy of high impact
construction. Priority Area 5 would then include the balance of Priority Area 4.
The City Council agreed to formally authorize the Staff to proceed with Priority Area 4 at the
next regular session. .
BOARD_ a>MMISSION_ COl\'IMlTIEE AND TASK FORCE V ACANOF.S:
The City Council addressed board, commission, committee and task force vacancies.
Mr. Tanner suggested that the City Council either reduce the number of positions on the
individual sections of the Environmental Issues Committee to permit a quorum or fill the
vacancies to the extent to permit a quorum.
Council Member Fogler recommended that the number of positions be reduced in the Water
Section and the other vacancies should be advertis~ in City Currents for additional members.
The City CoUncil directed the City Secretary to advertise in City Currents for volunteers to
fill the vacancies on the Environmental Issues Committee, Friends of West University Parks
Fund Board and the Parks and Recreation Board A Resolution reducing the number of
positions on the Tree Section of the Environmental Issues Committee will be presented for
the Council's approval.
. The workshop session adjourned at 7:30 p.m to convene in Regular Session. The workshop
session reconvened at 8:00 p.m with the following present: Mayor Watson presiding,
Council Members Fogler, Lewis and McCandless. The City Manager, City Secretary, Finance
Director, Public Works Director, Police Chief: Fire Chief and Parks and Recreation Director
were also present.
COUNOL COMMENTS:
The City Council discussed City Cwrents and its contents.
Council Member Lewis requested that the City. Staff alternate writing articles each month
addressing City business to be included in City Cwrents.
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AD.DJRNMENT:
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With no further business to come before the City Council at this time, amotion was made by
Council Member Fogler, seconded by Council Member Lewis to adjourn the workshop
sessIOn.
The workshop session adjourned. at 8: 11 p.rn.
KAYLYNN HOLLOWAY
CITY SECRETARY
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MAYOR
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CITY COUNCIL REGUlAR SFSSION
MONDAY, OCTOBm 10, 1994
MUNICIPAL BunnING
3800 UNlVERSllY BOUlEY ARD
7:30 P.M
The City Council convened in Regular Session in the Municipal Building (3800 University
Boulevard) on October 10, 1994, with the following members present: Mayor Watson
presiding, CounciJ Members Fogler, Lewis and McCandless. The City Manager, City
Secretary, City Attorney, Finance Director,' Public Works Director, Police Chief, Fire Chief,
Parks and Recreation Director, Building Official and Accounting Supervisor were also
present. Mayor Watson delivered the invocation and Council Member McCandless led the
Pledge of Allegiance. Council Member Rushing was absent.
RESOumON AUIHORIZING NOIICE AND A PUBliC IlEARINGREGARDING
U11Ll1Y RA1ES:
Consideration was given to Resolution No. 94-18
A RESOLUTION AUIHORIZING NOTICE AND A PUBUC HEARING UNDER.
SECTION 42 OF 1HE PUBLIC UTIUTY REGULATORY ACT REGARDING ELEClRIC
U1lliTY RA'IES IN 1HE CITY OF WEST UNIVERSITY PIACE, lEXAS AND
CONTAINING REIAlED PROVISIONS.
Jim Dougherty, City Attorney, reported that the City Council has original jurisdiction over
rates charged by the Houston Light and Power Company and in order to stay in sync with the
other jurisdictions, West University Place needs to give notice and call a public hearing.
Adoption of Resolution No. 94-18 would be the first step necessary to enable the City, if
there is a rate change,.to keep its rates equaL Mr. Dougherty commented that whatever
action comes out of this procedure will probably be appealed to the Public Utility
Commission and the final decision would be theirs.
A motion was made by Council Member McCandless, seconded by Council Member Lewis to
adopt Resolution No. 94-18.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Fogler, Lewis and McCandless
Voting Nay: None
Absent: Council Member Rushing
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City Council Regular Session, October 10, 1994 '.
RESOllJ'IION'CAIllNGPUBUC HEARING FOR. 1995 BIJDGF;T ANn PRO~1NG
TAX RAlE:
Consideration was given to Resolution No. 94-19
A RESOLUTION CALLING A PUBliC HEARING FOR IHE PROPOSED. 1995 BUDGET;
PROVIDThlG FOR NOTICE; PROPOSING A TAX RATE; AND CONTAINING RELATED
PROVISIONS.
Chris Taylor, Finance Director,stated.thatthe Staffwas recommending adoption of
Resolution No. 94-19 which would set a public hearing for the proposed 1995 budget for
October 24, 1994 and proposing a tax rate of $.37.
A motion was made by Council Member Lewis, seconded by Council Member McCandless to
adopt ResolutionNo. 94-19.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Fogler, Lewis and McCandless
Voting Nay: None
Absent: Council Member Rushing
[
ENGAGEl\tENTOF MANAGEMENTCONSUL1lNG FIRM:
Consideration was given to the engagement of the Waters Consulting Group, Inc. and pay
plan amendment.
Mr. Taylor reported that the Pay Plan Committee, made up of department heads, front line
employees, the City Manager and Council.' Member Lewis, was recommending that the City
Council engage Waters ConsUlting Group, Inc. to make a final analysis on some market
statistic data in order to . update the City's pay plall.This is the final step to . make sure the
pay plan is. current and up-to-date. Mr. Taylor stated that the estimated cost for the pay plan
review is between $3,000 and $5,500 depending on the amount of time needed.
Council Member Lewis stated that, if possible, the Staff should try to keep the Consulting
Groups fees at the lower end of the estimated amount.
A motion was made by Council Member Lewis, seconded.by Council Member McCandless to
engage Waters Consulting. Group to work with the City Staff to provide a pay plan review.
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City Council Regular Session, October 10, 1994
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Fogler, Lewis and McCandless
Voting Nay: None
Absent: Council Member Rushing
ENGAGElVIENT OF ARCHfIECf:
Consideration was given to the engagement of Mitchell Carlson & Associates, Inc. to direct
Community Building rehabilitation.
Mr. Tanner stated that the design of plans and specifications were underway for the
renovation of the existing Community Building. The Staff is recommending that the City
Council fonnally engage Mitchell Carlson & Associates to provide architectural, engineering
and interior design services for the project. The fee for this service will be $32,000.
A motion was made by Council Member Fogler, seconded by Council Member McCandless
to approve the engagement of Mitchell Carlson & ltssociates, Inc. as architects on the
Community Building renovation, subject to the review by the City Attorney of the written
. contract agreement.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Fogler, Lewis and McCandless
Voting Nay: None
Absent: Council Member Rushing
1994 BUDGEf AMENDMENT:
Consideration was given.to the. first and:final reading of Ordinance No;. 1485.
Mr. Taylor stated that amendments to the 1994 budget include administrative adjustments.
These savings were used to cover projects that were initiated after the 1994 budget was
adopted. The City also received three grants from the Metropolitan Transit Authority and the
budget amendment includes appropriations for those funds.
Mayor Watson read the caption of Ordinance No. 1485 as follows:
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City Council Regular Session, October 10, 1994
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AN ORDINANCE AMENDING llIE BUDGET OF TIlE CI1Y OF WEST UNIVERSI1Y
PLACE, 1EXASFOR TIlE FISCAL YEAR BEGINNING JANUARY 1, 1994;
CONTAINING FINDINGS AND PROVISIONS REIAlED TOllIE SUBJECT; AND
DECLARING AN EMERGENCY
Copies of Ordinance No. 1485, 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. 1485 amending the 1994 budget on the first and final reading.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Fogler, Lewis and McCandless
Voting Nay: None
Absent: Council Member Rushing
CfIY (DUNCIL l.V.lliKIlNGMINU1ES:
L
Consideration was given to theminutes of the following City Council meetings:
(a) Workshop Session conducted on September 12, 1994
(b) Regular. Session' conducted' on September .12, ..1994
(c) Workshop Session conducted on September 26, 1994
(d) Regular Session conducted on September 26, 1994
Council Member Lewis requested that in the minutes of the Workshop Session on September
26, 1994, page 6, .the phrase "pay for perfonnance" be changed to "pay plan".
A motion was made by Council Member McCandless, seconded by Council Member Fogler
to approve the minutes as amended.
The motion was voted on' with the following result:
Voting Aye: Mayor Watson, Council Members Fogler, Lewis and McCandless
Voting Nay: None
Absent: COuncil Member Rushing
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City Council Regular Session, October 10, 1994
. aJUNOL COl\1MENTS:
Council Member Lewis commented that she wanted to thank Beverly Denver and Tom
Bennett of The Joumal for their efforts in introducing the citizens to the candidates that are
. running for the various offices.
. Council Member Fogler commented that she could'not think of anything more valuable to
broadcast in City Cwrents than the City's tax . rate. She stated that the Staff needed to take
some credit for . their hard work
Council Member McCandless commented that he agreed with Council Member Fogler and
thanked the City Manager, Finance Director and Staff for their work on the 1995 budget.
ADJOURNMENT:
A motion was made by Council Member Lewis, seconded by Council Member Fogler to
adjourn the regular session and reconvene the workshop session.
The regular session adjourned at 7:53 p.rn.
. KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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CITY COUNOL ~HOP SESSION
MONDAY,OCfOBER.24, 1994
MUNICIPAL BunnING
3800 UNlVERSnY BOUIEV ARD
6:30 P.M
The City Council convened in Workshop Session in the Municipal Building (3800 University
Boulevard) on October 24, 1994, witIrthefollowing members present: Mayor Watson
presiding, Council Members Rushing, Fogler and Lewis. The City Manager, City Secretary,
Finance Director, Public Works Director, Police Chiet: Fire Chiet: Parks and Recreation
Director and Building Official were also present Council Member McCandless was absent.
AGENDA~
The. City Council reviewed the regular meeting_ agenda and discussed items .under
consideration with the Staff
MATIERS RElATING TO SICK lEAVE 1RANSFER:
1vfike Tanner, City Manager, reported that an employee of the City who has cancer has been
under treatment for some time and was exhausting all of her sick leave. The employee will
continue to'be treated for possibly six weeks or longer. Mr. Tanner stated that City
employees wish to transfer some of their sick leave to'her.
Mr. Tanner stated that the Staff recommends that the sick leave policy guidelines be amended
to benefit others in the same or similar position.
Mayor Watson asked how sick leave was accumulated.
Mr. Tanner stated that each employee accumulated 8 hours a month and can be carried over
each year. At retirement, the City will pay an employee.for a maximum of 90 days of the
. accumulated sick leave.
SOlID WASlE MANAGEMENT ISSUES:
The City Council considered a'volume rate and related matters following a'discussion with
- the Recycling Section of the Environmental Issues Committee.
Cindy Neal, Chairman of the Recycling Committee, reiterated that the Recycling Committee's
00076
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City Council Workshop Session, October 24, 1994
goal is to.effect.the reductioI1ofsolid waste that is directed to the JandfilLThe Committee's
objective is to increase household participation in recyc1ing,expand the system to include all
recyclable materials and to plan for the fUture.
Mrs.. Neal. reported that . the Recycling Committee. supports. the .implementation of a volume
based fee structure for solid waste disposal. A system using identifiable stickers to identify
bags and other items to be picked up at curbside has been detenninedtobethemosteasily
implemented. She. asked that the . City Council set.'a deadline for 'implementationcofthe
. volume-based . billing system. .. .
Mayor Watson asked if the Public Works Department had any guidelines on how to
implement the volume-based system. .
Ed Menville, Public Works Director, stated that his department had studied the
implementation and in some future point in time when the City Council agrees to pursue this
typeofprQgraID, they will be in a position toteU the Council how to p~
Mrs. Neal stated that the Recycling Committee was requesting that any revenue r~ived by
the City as a result of recycling be isolated in a fimd to be overseen by the Committee. This
fimd would be used for education andpromotionofrecycling,subsidiesofreeycling-related
items for West University citizens, tangible gifts to the City, specific requests made by
personnelftomthePublic Works Department and grants to organizations'inrefinn for
assistance with committee projects related to recycling. Mrs. Neal stated that this concept
was created by the Finance Director, Chris Taylor, and the RecyclingCommitteewouId like
to utiIizehis idea and call the program the "Comprehensive Household Recycling Incentive
System" (C.HRI.S.).
The City Attorney arrived at 7: 10p.m.
Mrs. Neal suggested that the fimds begin to accrue in January, 1995, with quarterly
distributions to begin in April, 1995. She asked that the Committee be permitted to develop
specific guidelines and a dollar limit for the organizations who mightrequestfimds. These
requests will be brought before the City Council before distributions are. made.
Council Member Rushing asked the Finance Director if he was in favor of the incentive
program and if he felt this was the best way to control the recycling fimds.
Mr. Taylor stated. that he felt the incentive program would be effective. If the program was
put into effect for 1995, than it would give the City Staff another year to compile better data
for implementation ofa variable rate system. Mr. Taylor stated that, at a minimum, the
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City Council Workshop Session, October 24,1994
C.HRLS. program would let the City begin with a positive incentive for citizens and give the
. Staff time to gather data on consumption and usage.
A motion was made by Council Member Rushing, seconded by Council Member Lewis to
request the Staff to draft guidelines to implement the Comprehensive Household Recycling
Incentive System.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler and Lewis
Voting Nay: None
Absent: Council Member McCandless
Mrs. Neal reported that the Recycling Committee would like to propose to augment the
current recycling program with a drop-off site for corrugated cardboard, effective Janmuy,
1995. She proposed that the City designate a drop-off for corrugated cardboard only, one
Saturday per month. If there is sufficient demand, the . number of Saturdays could be
increased. Mrs. Neal stated that the drop-off point would be initially staffed by voltinteers.
In order for the Committee to implement this program, they would need the City to provide a
specific site, a flatbed truck and a driver on the following Monday mo111ing.
Mr. Menville stated that hisconcem was the impact on personnel. If the' drop-off site was
providedona limited basis, then something could possibly be made available.
Council Member Lewis suggested that the City try the drop-off site ona trial basis for three
months.
The workshop session adjomnedat 7:30p.m. to convene in Regular Session. The workshop
session reconvened at 8:05 p.m.with the following present: Mayor Watson presiding,
Council Members Rushing, Fogler, Lewis and McCandless. The City Manager, City
Secretmy, Finance Director, Public Works Director, Police Chief; Fire Chief and Parks and
Recreation Director were also present.;
The City Council continued their discussion on recycling.
The City Council agreed to pennit the Recycling Committee to work with the City Staff and
establish a. drop-off site for corrugated cardboard on a trial. basis. The Committee will report
to the City Council at the end of the three month period.
Mrs. Neal reported that the last request from the Recycling Committee was for the City
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City Council Workshop Session, October 24, 1994
Council to make .ita City policy that compost never be discarded. as garbage. She stated that
she was informed by residents that compost was being picked up with the garbage. Compost
delivery is approximately $4.00 less per unit than solid waste.
Mr. Menville stated that picking up compost separately was already a city policy and his
employees were aware of this policy.
Mr. Tanner commented that he felt mistakes were made from time to time, but the policy has
been in place all along.
MILlDN SlREEf PARK IMPROVEMENT:
. The City Council considered plans presented by the Parks and Recreation Board for Milton
Street Park Improvement . (phase .IT).
Council Member Fogler commented that she was not sure if she would be able to attend the
Parks Boarcl meeting on November 2. She felt that the Parks Board had been given,the
opportunity to. present their plans at the Council.meeting but chose not to come. COuncil Lr.
. Member FogIer requested that the Parks Board be asked to present their plans on Milton .
Street Park ataCity Council workshop session.
Council Member McCandless commented that he resented the reiteration that the Friends of
West University Pm-ksBoard were soliciting money on the basis of the Tapley Lunow Plan.
He felt that the Tapley Lunow Plan had been discredited in many respects.
Council Member Lewis commented that she did not like being held hostage to a plan. She
stated that the design . of Milton Street Park was not utilizing the Staff capabilities and was not
reflective of the fact that the plan was several years old She stated that she would like to see
a park thatretlects the desires of the citizens.
Mayor Watson commented that he felt that the idea was to get the park built.
Council'Member Fogler stated that she agreed with :Mayor Watson but she wanted to be at a
meeting with the architect and Parks Board before the plans are drawn and.final decisions are
made. She commented that it was very inconvenient for her to attend meetings 4 weeks ina
row. She stated that she did not want to be disenfranchised from having input in the
discussionconcemingthe park
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Mayor Watson smt;ed that if members of the City Council had problems with the date of the
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City Council Workshop Session, October 24, 1994
meeting, then they should have raised those objections during the regular session when the
date was set.
Council Member Rushing stated that if members of the City Council could not attend the
meeting on Wednesday, then the Parks Board could present the plan at the next City Council
workshop. He stated that he was going to attend the Parks Board meeting. Council Member
Rushing commented that the Friends of West University Parks Board had raised more money
for the City than any other group. .
Mr. Tanner stated that if three or more of the members of the City Council plan on attending
the Parks Board Meeting than the Staff would post an agenda
SCHOOL BUS INCREASE AND 1RAFFIC CONGFSTION:
The City Council discussed a school bus increase and traffic congestion near the center of the
City.
Mr. Tanner stated he wanted to address some concerns expressed about traffic congeStion on
Edloe, .Rice and Auden Streets.
Steve Griffith, Police Chiet reported that this yearHI.S.D. has changed to a different type of
system. In an effort to save money, children going to Roberts, Rice and West University are
all picked up by the same route. The buses are then making stops at all three schools to
pick'up and drop off children. This has. resulted in a total of 17 different buses coming and
going from our school evelW week Some children have to be picked up at 6:10 am. to arrive
at school at 7:30 am. Those same children have an hour and a half ride in the afternoon to
get home.
Chief Griffith stated that parents and schools are unhappy and he felt that the City's
involvement in attempting to resolve this situation would be welcomed by the school staff.
Chief Griffith stated that the Staffs recommendation was to draft a letter from the Mayor to
Ron Veselka and Vernon Cross of HLS.D. requesting that they move away from the
"collector" system and decrease the number of buses.
The City Council agreed that a letter should be sent to HLS.D. from. Mayor Watson.
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City Council Workshop Session, October 24, 1994
DISPU1ES AND. I.lTIGAlION:
The City Council. discussed disputes, litigation and alternatives.
Council MemberMceandlessexpressedconcern.about. fesidentsdisregarding nonnal
procedures setup by the City to address a grievance. He used for an example the lawsuit,
concerning the removal of a tree, filed by the residents '. on Oberlin Street. Council Member
McCandless requested that the Staff provide him with the total cost to the City to defend the
lawsuit.
City Attorney, Jim Dougherty, stated that the City has administrative procedures. They allow
residents to bring grievances, not.only to the attention of the Building Stafl: but also to the
Building & Standard Commission. Mr. Dougherty suggested that the City could enhance the
procedures and maybe publicize them.
Mr. Tanner stated that the downside to expanding the procedures was that the City could very
well slow down the process and perhaps create damages as a result.
Mr. Dougherty stated that if the administrative procedures are in place, the City may reduce [..
the number of lawsuits because some people will take advantage of the corporate procedures .
and it will also give the City a potent defense.
Council Member Fogler suggested that the residents be educated as to what the Building and
Standards 'Commissiondoes~
Mr. Dougherty suggested that the City make it clear that anyone who disagrees with an
administratiVe officer's-decision can appeal that decision. The appeal could then go through
the chain of command to the Building & Standards Commission. Mr. Dougherty
recommended that the City Council try to avoid hearing the grievances. He suggested that
the City could do things to encourage people to use the City's process, like lowering the fees.
The City Council. requested the City Manager to review cost factors related' to litigation
procedures. They requested that theadministrativepl'ocedures he incorporated in the City's.
ordinances. .
ADJOURNMENT:
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 Rushing to adjourn the workshop
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City Council Workshop Session, October 24, 1994
SesSIOn.
The workshop session adjourned at 9: 17 p.rn.
KAYLYNN HOLLOWAY
CITY SECRETARY
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BILL WATSON
MAYOR
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CITY axJNOL REGUIAR SISSION
MONDAY, OCfOBER24, 1994
MUNlOPAL BunnING
3800 UNlVERSIlY BOUIEV ARD
7:30 P.M
The' City Council convened in Regular Session in the Municipal Building (3800 University
Boulevard) on October 24, 1994, with the following members present: Mayor Watson
presiding, Council Members Rushing, Fogler, Lewis and McCandless. The City Manager,
City Secretary, City Attorney, Finance Director, Public Works Director, Police Chiet: Fire
Chiet: Parks and Recreation Director. and Building Official were also present. Council
Member Rushing delivered the invocationahd Mayor' Watson led the Pledge of .Allegiance.
PUBUC HEARING 10 alNSIDER 1HE 1995 PROPOSED BlJDGEfroVERlNG All,
FUNDS FOR 1HECITY OF WEST UNlVERSIlY PlACE:
Mayor Watson convened the public hearing at 7:40 p.rn.
The purpose of the hearing was to provide an opportunity for tax payers and interested parties
to be heard in relation to the proposed 1995 Budget.
There were .not any.citizens present who . wished to speak concerning the proposed budget.
Mayor Watson closed the public hearing at 7:45 p.rn.
ORDINANCE ADOPllNG 1HE BUDGEI' FOR FISCAL YEAR 1995:
Consideration was given to the first reading of Ordinance No. 1487
Mayor Watson read the.caption of Ordinance No. 1487 as follows:
AN ORDINANCE APPROVING AND ADOPTING A BUOOET FOR 1HE FISCAL YEAR
BEGINNING JANUARY 1, 1995 AND ENDING DECEMBER 31, 1995; APPROPRIATING
FUNDS FOR SUCH BUOOET; CONTAINING FINDINGS AND PROVISIONS REIATING
TO 1HE SUBJECT
Copies of Ordinance No. 1487, 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 Lewis to
adopt Ordinance No. 1487 on the first reading.
00083
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City Council Regular Session, October 24, 1994
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The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
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ORDINANCE lEVYING AND ASSESSING AD VAlOREM TAXFSFOR 1BE TAX
YEAR 1994:
Consideration was given to the first reading of Ordinance No. 1488
Mayor Watson read the caption of Ordinance No. 1488 as follows:
AN ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR 1HE TAX
YEAR 1994; CONFIRMING AND GRANTING EXEMPTIONS; CONfAINING FINDINGS
AND PROVISIONS REIATING TO 1HE SUBJECT
Copies of Ordinance No. .1488, 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 adopt Ordinance No. 1488 on the first reading.
[
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
PRIORTIY AREA 4A RECONSlRUCllON:
Consideration was given to the development of plans and specifications for Priority Area 4 A
Reconstruction scheduled to begin in 1996.
Ed Menville, Public Works Director, stated that the Staff was requesting that the Council
grant authorization to proceed with the development of plans and specifications for Priority
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City Council Regular Session, October 24, 1994
Area 4A
Mr. Menville provided the City Council with a map of the area and an estimate of the
project cost.
A motion was made by Council Member Lewis, seconded by Council Member Fogler to
authorize the Staff to proceed with development of plans and specifications for Priority Area
4A
Council'Member Rushing asked Dieter Ufer, the City's Consulting Engineer; if there was any
possibility that the City would need to secure additional fimds in order to complete Priority
Area 4A
Mr. Ufer stated that it was his opinion that the City has sufficient surplus and grant money to
complete 60% of Priority 4 (Priority Area 4A).
Council Member Rushing asked about the estimated start date for the project.
. Mr. Ufer reported that it takes about a year to develop and receive approval of plans and
specifications. The estimated date is the end of 1995.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
REGUlAR lV.I..I:!EIING OIANGES:
Consideration was given to regular City Council meeth"lgchanges in November and December
1994.
City Attorney, Jim Dougherty, recommended that the Council leave November 28, 1994 open
as a special meeting date for a public .hearing. He reported that the Zoning & Planning
Commission is continuing to have meetings to prepare proposed zoning amendments to be
. presented to the City Council. The HL&P matter may require a public hearing'around that
same date also.
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City Council Regular Session, October 24, 1994
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A motion. was made by Council Member Rushing, seconded by Council. Member Lewis to
reschedule the City Council meeting set for November 28 to November 7, 1994 and
reschedule the meeting s~tfor December 26 to December 5, 1994.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent:' None
SICK IEAVE.1RANSFER:
Consideration was given to the transfer of accumulated sick leave to employees who have a
catastrophic illness.
A motion was made by Council Member Lewis, seconded by Council Member Rushing, to
authorize the City Manager to approve the transfer of sick leave days to aparticulari,City
employee and to' draft guidelines for the Council's approval for any future situations.-
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
mYCUUNCJLIVll!ElING ~:
Consideration was given to the minutes of the folloWing City Council meetings:
(a) Workshop Session conducted on October 4, 1994
(b) Workshop Session conducted on October 10, 1994
(c) Regular Session conducted on October 10, 1994
,
A motion was made by Council Member Rushing, seconded by Council Member Fogler to
approve the minutes as presented.
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The motion was voted on with the following result:
00086
City Council Regular Session, October 24, 1994
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
None
None
Cnl.ZEN (x)MMENTS:
Carol Burke, Chairman of the Parks & Recreation Board, reported on the progress of Milton
Street park Mrs. Burke stated that she had spoken with David Stanger, who is the Landscape
Architect for Milton Street Park Mr. Stanger indicated that he was waiting for the
typographical SUlVey which he expected to have by the end of the week Mrs. Burke stated
that Mr. Stanger would be comingto the Parks Board meeting Wednesday night, November .
2, to discuss the Tapley Lunow Plan and design of the park Mrs. Burke invited members of
. the. City Council who wanted to have input to attend the meeting. Mrs. Burke reported that if
Mr. Stanger had the input :from the. Parks Board and the City Council, then he could probably
have the bid specifications ready by the first part of December.
Council Meinber Rushing asked if the City Council previously did not get involved in the
park projects until. after the architect had completed his design.
Mrs. Burke replied that this City Council had requested to be involved up :front and she felt
that if the Council could agree on the design at the beginning, then they could expedite the
process in order to get the park built.
Council Member Fogler asked the City Manager if there would be a problem if all the City
Council members attended the meeting.
Mr. Tanner stated that an agenda would need to be posted 72 hours in advance of the meeting
if more than two Council Members attend-
Council Member Rushing requested that the Council attend the Parks Board meeting and the
Staff post notice of the same.
Mrs. Burke stated that the Board's objective was to get the park built, as quickly as possible,
in accordance with the Tapley plan. She stated that this had been the directive :from the
Friends Board The Friends Board has been promoting the drawings :from the Tapley Plan to
Foundations, so the Parks Board has parameters that can not be redesigned for fear of
deceptive trade practices.
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City Council RegUlar Session, October 24, 1994
COUNOL <DMMENTS:
Council Member Lewis thanked the members of the Staff who responded to the Council's
request to become more involved with writing the City Currents. . She reminded those present
at the meeting to go by the Community Building and vote for a flag to be used in the City.
Council Member Fogler commented that she was also pleased with City CurrentS';:
ADJOURNMENT:
Amotion was made by Council Member Lewis, seconded by Council Member Rushing to
adjoumthe regular session and reconvene the workshop session.
The regular session adjoumedat8:00 p.rn.
KAYLYNN HOLLOWAY
CITY SECRETARY
81 LL. WATSON
MAYOR
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CfIY roUNOL "-ORKSHOP S~SION
MONDAY, NOVEMBER 7, 1994
MUNICIPAL BUIlDING .
3800 UNIVERSITY BOUlEVARD
6:30 P.M
The City Council convened in Workshop Session at 6:45 p.m.in the Municipal Building
(3800 University Boulevard) on November 7, 1994, with the following members present:
Mayor Watson presiding, Council Members Rushing,: Fogler and McCandless. . The City
Manager, City Secretary, Finance Director, Public Works Director, Police Chiet: Fire Chiet:
. Parks and Recreation Director and Building Official were also present. CouncilMember
Lewis was absent.
AGENDA REVIEW:
The City Council reviewed the regular meeting agenda and discussed items under
consideration with the Staff
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MATIERS RElATING 10 1HE 1EXAS MUNICIPAL REIIREMENT SYS1EJ.V["
ORDINANCE:
Mike Tanner, City Manager, -commented that for a minimal amount, the City can greatly
benefit the employees that retire.
Chris Taylor, Finance Director, reported that the updated service credit will cost the City
$660 for 1995. Each year, thereafter, the amount will be less. It will be higher for 1995
because the service credit has not been upd.atedsince 1991. TheCity is now catching up four
years of salary . growth. Mr. Taylor stated that if the. service credit is upd.atedevery year,. then
the only thing that will need extra'fimding will be the incremental increase' in salaries for.that
year.
MATIERS RElATING 101HE ~OUJ1ION ADOPIlNG SECnON 125K PIAN:
Mr. Taylor stated that the City is required by. the I.RS. to adopt a resolution each year in
order to participate in the Section 125kplan. The plan allows for any contributions made by
the employee to his health insurance plan to be tax free.
MATIERS RElATING 10 INVFSlMENT POUCIFS AND 1HE ENGAGEMENT OF AN
INVESTMENT BROKERAGE SERVICE:
Council Member Rushing.stated that the Ordinance for the City's investment policies is a
traditional one and probably has more restrictions than necessary. An example of this relates
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City Council Workshop Session, November 7, 1994
to the types of investment instruments. The ordinance requires the City Council, by motion
or resolution, to specify the exact types of investment instruments in administrative
guidelines. Council Member Rushing stated that. the Investment Policy Ordinance set the
guidelines for investing the City's money.
Mr. Taylor stated that the Staff was seeking authorization to purchase U.S. Government and
U.S. Government Agency securitiesdwith a maturity of two years or less. The Staff would
like to contract with Westcap Corporation to purchase these investments. · Reinyesting part of
the City's funds from Texpool to government securities would allow the City to increase its
investment return by as much as 1.5%.
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Council Member Rushing commented that his concern related to the City contracting with
only one brokerage firm and safekeeping issues. He recommended that before the City goes
fOlWardwiththe contract, the Council needs to know the cost of safekeeping and the City
needs a secondary price checking firm.
Mr. Taylor reported that the City would be safekeeping the securities at First Interstate Bank
and Trust. Currently, West University Bank holds the securities that are pledged t(j..the City.
The City will establish its own account in the Trust Department at. First Interstate. Mr. [
Taylor stated that the transactions will be executed ona "delivery vs. payment" basis, so that
West University always has full ownership and control'ofeitherthe money or the securities.
Mr. Taylor stated that on the issue of a secondary pricing firm, he was not able to talk with
First Interstate Bank today, but felt confident the City could receive backup from either West
University Bank or -First Interstate Bank.
Council Member Rushing commented that he did not see any risk in what the Finance
Director was proposing but he felt at SOme point, the City should have a secondary source.
Mayor Watson asked Council Member Rushing ifhe knew anything about the Westcap
Corporation.
Council Member Rushing replied that WestcapCorporation was a pure bond firilI. They are
regional not primary. Council Member Rushing commented that he did not think Westcap
Corporation was one. of the dealers that negotiate directly with the Federal Government which
means they would be buying securities from someone who was a direct dealer. He stated that
he felt it was necessary for the City to have First Interstate B~ in the loop, as a primary
dealer.
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Mr. Taylor stated that entering a contract with. Westcap Corporation did not, in anyway,
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City Council Workshop Session, November 7, 1994
obligate the City to buy securities from them. The City could have numerous contracts with
other firms which would only mean more options. Mr. Taylor commented that there would
be no harm done by engaging primary companies, also.
City Attorney, Jim Dougherty, joined the meeting at 7:20 p.rn.
MATIERS RElATING TO 1HE HOUSTON IlGHf AND POWER RATE CASR
PROCEEDINGS:
Mr. Dougherty reported that the Public Utility Commission (PUC) extended.the filing and
hearing deadlines in order to enable the parties to talk with each other. This will delay the
start of the hearing until sometime. in January, 1995. The City of Houston will probably use
an examiner. Mr. Dougherty recommended that the City Council authorize the Staff to
consolidate the City's hearing with Houston's hearing and to arrange for the case to be
conducted by an examiner.
The workshop session adjourned at 7:30 p.rn. to convene in Regular Session. The workshop
session reconvened at 8: 12 p.rn.
The City Attorney left the meeting at 8:15 p.rn.
<nMPIAINTS. <DNCERNS AND ISSUES:
The City Council discussed miscellaneous complaints, concerns and issues with the Staff.
The City Council briefly discussed the progress of the Zoning and Planning Commission on
the proposed zoning amendments, the ballfield lights at the West University Elementary
School and the progress of the design of Milton Street Park
The City Council addressed the concerns of the Police Department regarding the City's pay
plan. They requested that the City Staff place this item on the agenda for the next workshop
session. The Staff will provide additional infonnation at that time.
ADJOURNMENT:
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 Rushing to adjourn the workshop
sesSIOn.
The workshop session adjourned at 9: 17 p.rn.
3
KAYLYNN HOLLOWAY
CITY SECRETARY
00091
BILL WATSON
MAYOR
~;;~I
CfIY COUNCll.., REGUlAR S~SION
MONDAY, NOVEMBER 7, 1994
MUNlCIPALBUll.DING
3800 UNIVERSITY BOUlEVARD
7:30 P.M
The City Council convened in Regular Session in the Municipal Building (3800 University
Boulevard) on November 7, 1994, with the following members present: Mayor Watson
presiding, Council Members Rushing, Fogler and McCandless. The City Manager, City
Secretary, City Attorney, Finance Director, Public Works Director, Police Chiet: Fire Chiet:
Parks and Recreation Director and Building Official were also present. Reverend David
Price, Rector, St. Mark's Episcopal Church delivered the invocation and Council Member
Fogler led the Pledge of Allegiance. Council Member Lewis was absent.
Cn~ <DMMENTS:
Mayor Watson invited residents who wish to address the City Council to come fOlward as
their names were called.
Bob Kelly, a resident at 3720 Plumb, commended the City Council and Staff on theA995
budget. He commented that sometimes City officials were conservative on .how much
revenue was actually generated, taxes are raised and at the end of the year, the excess revenue
was deposited in the City's reserve account.
Lany Massey, a resident at 6410 Community, requested that the City Council seek resolution
on the Police and Fire parity issue.
ORDINANCE ADOPIING 1HE BUDGEfFOR FISCAL YEAR 1995:
Consideration was given to the second and final reading of Ordinance No. 1487.
Mayor Watson read the caption of Ordinance No. 1487 as' follows:
AN ORDINANCE APPROVING AND AOOPTING A BUOOET FOR TIlE FISCAL YEAR
BEGINNING JANUARY 1, 1995 AND ENDING DECEMBER 31, 1995; APPROPRIATING
FUNDS FOR SUCH BUOOET; CONTAINING FINDINGS AND PROVISIONS. REIATING
TO TIlE SUBJECT
Copies of Ordinance No. 1487, 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. 1487 on the second and final reading.
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The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler and McCandless
Voting Nay: None
Absent: Council Member Lewis
ORDINANCE lEVYING AND ASSESSING AD VALOREM TAXES FOR 1HE TAX
YEAR 1994:
Consideration was given to the second and final reading of Ordinance No. 1.488.
Mayor Watson read the caption of Ordinance No. 1488. as follows:
ANORDINANCELEVYlNG AND ASSESSING AD VALQREMTAXES FOR TIlE TAX
YEAR 1994; CONFIRMING AND GRANI1NG EXEMPTIONS; CONTAINING FINDINGS
AND PROVISIONS RELATING TO TIlE SUBJECT
Copies of Ordinance No. 1488, in the form required for adoption, were available to all
members of the City. Council.
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A motion was. made by Council Member Fogler, seconded by Council Member McCandless
to adopt. Ordinance No. 1488 on the second and final reading.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members' Rushing, Fogler and McCandless
Voting Nay: None
Absent: Council Member Lewis
1EXAS MUNlOPAL REI1REMENT SYSlEM: ORDINANCE:
Considerationwas given to the first reading of Ordinance No. 1490.
Mayor Watson read the caption of Ordinance No. 1490 as follows:
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER TIIE ACT GOVERNING
TIlE 1EXAS MUNICIPAL RETIREMENT SYS1EM, "UPDA1ED SERVICE CREDITS IN
SAID SY'SlEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY
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City Council Regular Session, November 7, 1994
QUALIFYING MEMBERS OF SUCH SYSlEM WHO AT TIffi EFFECTIVE DAlE OF
TIffi AILOWANCE ARE IN TIffi EI\.1PLOYMENT OF TIffi CITY OF WEST
UNlVERSIlY PLACE; AND ESTABUSHING AN EFFECTIVE DAlE FOR TIffi
ORDINANCE
Copies of Ordinance No. 1490, in the form required for adoption, were available to all
members of the City Council.
Chris Taylor, Director of Finance, reported that Ordinance No. 1490 would establish updated
service credit in the Texas Municipal Retirement System (TMRS). When TMRS calculates a
employee's annuity at retirement the amount of salary the employee made during his time in
the system is used to determine the amount of the annuity. It is based upon the last three
. years average salary. Mr. Taylor stated that the 1995 Budget includes updated service credit
with a cost of about $1,000.
A motion was made by Council Member Rushing, seconded by Council Member McCandless
to adopt Ordinance No. 1490 on the first reading. .
]
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler and McCandless
Voting Nay: None
Absent: Council Member Lewis
RESOIImON FOR PARllOPAlION IN TEXPOOL:
Consideration was given to Resolution No. 94-20 and TexPooI participation.
Mr. Taylor reported that Texpool is a state run investment pool that the City currently uses to
invest its funds. There are currently three people on the account, Donna .Sams, the
Accounting Supervisor, the Finance Director and the City Manager. Ms. Sams has left
employment and is being replaced by Monica Kohlenberg. Resolution No. 94-20 reflects the
new Accounting Supervisor.
A motion was made by Council Member Fogler, seconded by Council Member McCandless
to approve Resolution No. 94-20.
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City Council Regular Session, November 7, 1994
The motion was voted on with the following result:
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Voting Aye: Mayor Watson, Council Members Rushing, Fogler and McCandless
Voting Nay: None
Absent: Council Member Lewis
RESOI1J1ION AU1HORIZING..SIGNAIDRES:
Consideration was given to Resolution No. 94-21.
Mayor Watson read the caption of Resolution No. . 94-21 as follows:
A RESOLUTION RELATING TO SIGNATURES ON.CHECKS DRAWN ON CITY
ACCOUNTS; AUIHORIZING SUCH SIGNATURES AND AUIHORIZING USE OF
. FACSIMILE SIGNATURES; AND CONTAINING FINDINGS .ANDPROVISIONS
RElATING TO mE'SUBJECT
Mr. Taylor reported that West University Bank is the City's depository bank The Bank [
requires that the City Council designate by resolution the cityofficiaIs authorized to sign city
cbecks.Due tOil new Accounting Supervisor, 1hesi~.cards need to be.1lpdated to ..
reflect the change. Resolution No. 94-21 reflects.this change.
AmotioIl was made by Council Member McCandless, seconded by Council Member
Rushing to adoptResolution No. 94-21.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler and McCandless
Voting Nay: None
Absent: Council Member Lewis
RFSOI1J1ION ADOPI1NG SECTION 125k PlAN:
. Consideration was given to Resolution No. 94-22.
Mayor Watson read the'caption of Resolution No. 94-22 as follows:
A RESOLUTION AUIHORIZING 1HE ADOPTION OF A FLEXIBLE SPENDING PLAN
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City Council Regular Session, November 7, 1994
IN COMPLIANCE WIlli SECTION 125k OF TIlE lN1ERNAL REVENUE SERVICE
CODE ACCORDING TO TIlE ATfACHED PIAN IX)CUMENT
Under Section 125k of the IRS Code, contributions made by the employee to his health
insurance plan are.tax free. It is necessary for.the City Council to adopt the .125k Resolution
before the first day of each calendar year.
A motion was made by Council Member Rushing, seconded by Council Member Fogler to
adopt Resolution No. 94-22.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler'and McCandless
Voting Nay: None .
Absent: Council Member Lewis
TAX REFUND:
Consideration 'was given to 1993 ad valorem tax refimd
Mr. Taylor reported that the tax refimd in the amount of $988.75 was the result of a
substantial error correction reducing the improvement value by the Harris County Appraisal
District.
A motion was made by Council Member McCandless, seconded by Council Member Fogler
to authorize thetaxrefimd as recommended by the Staff.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler and McCandless
Voting Nay: None
Absent: Council Member . Lewis
ORDINANCE FSTABIlSHING INVFSlMENTPOUCIFS:
Consideration was given to the first and final reading of Ordinance No. 1491.
Mayor Watson read the caption of Ordinance No. 1491 as follows:
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City Council Regular Session, November 7, 1994
AN ORDINANCE AOOPTING AND RE-AOOPTINGINVESTMENT POliCIES FOR 1HE
CITY OF WEST .UNIVERSITY.PLACE, lliXAS; AMENDINGlHE CODE OF
ORDINANCES OF SAID CITY; CONTAINING FINDINGS AND PROVISIONS
REIATING TO THE SUBJECT; AND DECLARING AN EMERGENCY
Copies of Ordinance No. 1491, 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. 1491 on the first andfina1 reading.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler and McCandless
Voting Nay: None
Absent: Council Member Lewis
ENGAGEMENT OF INVFSlMENT BROKERAGE SERVICE:-
Consideration was given to the engagement of Westcap Corporation for investment brokerage
ServIce.
A motion was made by Council Member McCandless, seconded by Council Member Fogler
to authorized the City Manager to execute the Brokerage Contract between the City and
Westcap Corporation.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler and McCandless
Voting Nay: None
Absent: Council Member Lewis
HOUS1ON UGHf & POWER RAlE CASE PROCEEDINGS:
Consideration was given to the proceedings for the HL&P Rate Case.
Jim Dougherty, City Attorney,. reported that the proposal before the Council was a procedural
matter. He requested that the City Council authorize the Staff to set upa hearing examiner to
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City Council Regular Session, November 7, 1994
hear the HL&P Rate Case' and consolidate.West University's hearing with other city's
hearings.
A motion was made by Council Member,. Fogler, seconded by Council Member Rushing to
authorize the Finance' Director to arrange for the HL&P hearing to be conducted by an
examiner and to be consolidated with Houston's hearing or other city's hearings on the matter.
The motion was voted on With the following result: .
Voting Aye: Mayor Watson, Council Members Rushing, Fogler and McCandless
Voting Nay: None
Absent: Council Member Lewis
0lY' COUNOL NnEIING MINU'IES:
Consideration was given to the minutes of the following City Council meetings:
(a) . Workshop Session conducted on October24, 1994
(b) Regular Session conducted on October 24, 1994
A motion was made by Council Member Fogler, 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, Fogler and McCandless
Voting Nay: None
Absent: Council Member Lewis
. COUNOL COMMEN1S:
Council Member Rushing inquired about the meetings held'for the residents in Priority Area' 3
reconstruction.
Ed Menville, Public Works Director, reported that 30 to 35 residents attended the meetings.
Mr. Menville stated that he explained to the residents the scope of the work to be conducted
in Priority Area 3. He felt the residents were satisfied with the status.
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City Council Regular Session, November 7, 1994
Council Member Rushing asked if the City.was receiving any complaints by residents who
are impacted by Priority Area 2.
Mr. Menvillecommentedthat the only real complaint was from parents of small children
walking in the area. Mr. Menville stated that he met with the representative On the job and
the contractor now has a police officer at. the job site.
Mike Tanner, City Manager, stated that the City was meeting itsresponsibilityintsecuringthe
site but he felt there was also a responsibility on the parents side too. . ~
Mayor Watson commented that Wier Park was progressing nicely.
Council Member Fogler commented that the Staff needs to publicize in City Currents that the
children's playground area is made out of recycled tires.
ADJOURNMENT:
Amotion was made by Council Member Rushing, seconded by Council Member McCandless
to adjourn the regular session and reconvene the workshop session.
The regular session adjourned at8:07'p.m.
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
8
00099
l
~f
mY COUNOL \\ORKSHOP SESSION
MONDAY, . NOVEMBER 14, .1994
MUNICIPAL BUIlDING
3800 UNIVERSITY BOULEY ARD
6:30 P.M
The City Council convened in Workshop Session at 6:45 p.m.in the Municipal Building
(3800 University Boulevard) on November 14, 1994, with the following members present:
Mayor Watson presiding, Council Members Rushing,,-Fogler, Lewis andiMcCandless.The
City Manager, City Secretmy, City Attorney, Finance Director, Public Works Director, Police
Chiet: Fire Chiet: Parks and Recreation Director, Urban Forester and Building Official were
also present.
AGENDA REVIEW:
The City Council reviewed the regular meeting agenda and discussed items under
consideration with the Staff.
MATIERS RElATING 10 TIlE 1REE PRESERV AlION ORDINANCE:
Council Member Fogler asked Nes Tesno, Urban Forester, what percentage of Class Ntrees
would have a rating of less than 30 points versus those with a rating of more than 30 points.
Ms. Tesno estimated 10% to 20% of the Class IV trees would have a rating of 30 or more
points. Trees receiving less than 30 points' are usually unhealthy.
MATIERS RElATING 10 A BUDGEI' AMENDMENT FOR PURCHASE OF VEHIO F.:
Ed Menville, Public Works Director, reported that the new vehicle is needed for the Urban
Forester. The vehicle being replaced has continued to have mechanical problems and will
result in several hours of down time affecting productivity.
CON1RAcr FORFIEI.D UGHIS ATWEST UNIVERSITY ELEMENTARY SCHOOL:
Consideration was given to a contract to light West University Elementmy School ballfields
near EdIoe and Goode.
Mark Mailes,Parks and Recreation Director, reported.that some. minor . adjustments were
made to the specifications for the field lights which vastly improved the spillage to the homes
in the area. He stated that he felt the Staff has made every effort to take care of the
residents on the 3700 block of Rice by providing the least offensive lighting. Mr. Mailes
recommended that the City move forward with the project.
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City Council Workshop Session, November 14, 1994
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Patrick Dugan, a resident at 3719 Rice Boulevard, thanked the City Council for revisiting the
issue of lighting on the ballfields. He commented that the residents on the 3700 block of
Rice were still concerned' and opposed to the lighting of the fields.
APPOIN1MEN1S TOBOARDSANDalMlVIlTIEFS:
The City Council discussed the process toappointooardand committeell1embeFSt~'.,
The City Council asked the Staff to continue to accept applications from residents interested
in volunteering forooards and committees. The City Council will, after reviewing the
applications, determine if interviews will be necessary before appointments are made.
SOO1HSIDE PlACE EMERGENCY MEDICAL SER.VJ~ <DN1RACf:
The City Council discussed the provision, conditions and cost of emergency medical service
to the City of Southside Place.
Fire Chief Terry Stevenson provided the City Council with an Interlocal Cooperation Contract [
drnt would formaIize1he agreement wi1h Soulhside. Place, Chief Stevensonreportec! drnt1he
City of Southside'Place has not reviewed the contract but.. are aware that the fees to provide
emergency medical service will increase.
The fees for West University Place to provide emergency medical service to the City of
Southside Place for calendar year 1995 will be $40,000.
The City Council authorized the Fire Chief to submit the contract to Southside . Place for their
review and approval.
a>MPIAlNIS~ CONCERNS AND ISSUES:
The City Council discussed miscellaneous complaints, concerns and issues with the Staff.
Council Member Rushing commented that he was concerned about the amendments to the
Zoning Ordinance that were proposed by the Zoning & Planning Commission. He suggested
that the City COuncil address . a portion of the Z & P'S recommendations but hold the density
issues until a later date.
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City Council Workshop Session, November 14, 1994
City Attorney Jim Dougherty reported-that there were several items proposed by the Z & P
that have not had a lot of controversy. The first one being the proposal to reformat the
current ordinance, incorporating tables and charts. The second item that. is not contested is
the proposal that would include organizational provisions for the Zoning.'& Planning
Commission and the Zoning Board of Adjustment. These proposals would need to be done
by amendment and preferably before January 1, 1995.
Mayor Watson asked:-the City Attorney to prepare:an:ordinance which would only inc1udethe
two proposals mentioned.
Council Member Fogler commented that she was opposed to leaving the other issues that
were recommended by the Z & P until a later date.
The workshop session adjomned at 7:30 p.rn. to convene. in Regular Session. The workshop
session reconvened at 8:40 p.rn. with the following members present: MayorWatson
presiding, Council Members Rushing, Fogler, Lewis and McCandless. The City Manager,
City Secretary, Finance Director, Public Works Director, Police Chiet: Fire Chief, Parks and
Recreation Director, Sergeant Harrold, Sparks and Peterson were. also present.
PAY GRADE DJSPU1E:
The City Council discussed a pay grade dispute in the Police Department and related matters.
Mayor Watson commented that the .pay grade' dispute was on the agenda to determine. a
mutually acceptable way to solve the problem.
The Police Sergeant's feel that they deserve parity. with the position of Fire Captain. They
feel that their job is. equal in responsibility to the Fire Captain's and have requested that their
position be moved to a Pay Grade of 43.
Council Member Lewis stated that the City Manager formed a committee. to evaluate the
City's pay. plan and equity issues. This committee Was comprised of Department heads, . line
staff members and Council Member Lewis as the representative for City CounciL Council
Member Lewis commented that her initial response, going into the meetings, was that the
Police.Department should get whatever they want because their public image is probably the
best of any other employees. Council Member Lewis stated that she soon realized that the
pay plan was set up as a total package, where every employee is as important as any other
one. She stated that the committee discussed the issue of "worth" not money.
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City Council Workshop Session, November 14, 1994
Council Member Lewis stated that since 1985, on three different occasions, outside
professional finnshave evaluated the City's personnel. and have again and again ranked the
Police Sergeant position Jower than the Fire Captain. The committee made' the decision that
the City should once again use an outsidefinn to evaluate certain aspects of the pay range.
They' also determill.ed, asa gtoup,that to rate the Police asa separate entity would open a
"pandom's' box" . Council Member . Lewis stated that .ifone' group's pay grade is raised then
the City is faced with having to readjust other group's pay grade also. Consideration must be
given tohowall.Qf this' would impact . other employees. of the City.
Council Member Lewis commented that her own personal position was to leave the pay grade
assignments as they are. She stated that she felt it was inappropriate to generate public
interest by going first to the public instead of coming to the City . Council. The Water's Pay
Plan needs to be in effect long enough to evaluate its real impact Council Member Lewis
stated that she felt the City stafi"should have a clear policy on how grievances are handled.
She commented that . she resented the implication that the committee did not spend conscience
time on this issue.
Council Member McCandless stated that he was having .a difficult time understanding why
. the issue is not money. . He asked, if the issue was not money, then would changing- their title [
make the Police Sergeants happy.
Sergeant Harrold stated that changing a title would not make them happy. He stated that they
were not asking for anitmnediate pay increase but to be put .on the same pay level as the Fire
Captains, since they do the same job. Sergeant Harrold commented that he did not feel the
committee voted on the issue. He felt that the committee's decision to leave the pay plan as
is was ignoring the issue. -
Council MemberFoglerstated.that she agreed with the decision of the committee. She
commented that it. was Inappropriate to pull just one classification out. and treat it differently
from every other one. .
Council Member McCandless commented that salary administration was a difficult job.
Issues such as job descriptions in each level, education, tmining and longevity must be
consideredalong>with attitude, job knowledge andquaIity of work. Each employee must
have an opportunity to grow and tmin, Council' Member McCandless stated that he felt it was
inappropriate for employees to become political. He stated that the City may need to engage
another professional group to conduct another survey.
Council Member Fogler stated that she'felt it would.bea very wrong move by the City
Council to involve anyone other than a professional tor examination of this issue. The citizen
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City Council Workshop Session, November 14, 1994
volunteers, who are the decision makers, are the members of the City Council. If the City is
to look at the issue again, it needs to be done by professionals and on an across-the-board
basis by examining every position in the City. Council Member Fogler asked, at what point
in time, the City. would have conducted another study.
Mike Tanner, City Manager, stated that a typical or routine study would have been conducted
in 1996. They need to be reviewed periodically. The estimated cost to conduct a study is.
$15,000.
Council Member Fogler stated that she did not think the City Council had decided to
necessarily do anything at this time. She felt that the initial answer was made by the pay
committee and they agreed to not do anything at.this time. This does not mean that the
decision can not be reexamined and a different determination made but the Council should
not lightly discard the decision that has already been made by the appointed pay committee,
who has studied this issue in a lot greater detail.
Council Member Rushing asked Police Chief Griffith if the pay grade issue was involving
only 4 people.
] Chief Griffilh stated 1hat it involved all 7 supervisors (Sergeants and Corporals).
Council Member Rushing asked Chief Griffith what decision he would make regarding this
Issue.
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Chief Griffith stated that he would initiate parity since the City of Houston and other larger
cities have their pay grades set up this way.
Council Member Rushing stated that he did not understand why this issue keeps resurfacing
after 3 studies have been done since 1985.
Chief Griffith stated that the issue was very emotional and already existed when he started
working for the City.~
Council Member Rushing asked the Police Chief if he had done anything to address the issue
that the Council was not aware of.
Chief Griffith stated that the Council was aware of every study that had been conducted. He
commented that salary administration was an issue that goes beyond the department head.
Council Member Rushing commented that this issue has been addressed by 2 City Managers,
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City Council Workshop Session, November 14, 1994
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4 different COuncils and.3 studies.
Council Member Rushing. asked Sergeant Harrold ifheand the other sergeants, feel..they
should be graded and valued separately from the rest of the employees.
Sergeant Harrold stated that the police officers feel that the Fire and Police Departments are
two elite groups. 'Iheyareparallel. They have nothing to do with other departments in the
City. The Fire Captains"are shift supervisors and so are.the Police Sergeants and they should
be on the same pay grade.
Sergeant Sparks commented that he agreed with Sergeant Harrold
Sergeant Harrold stated <that. the reason the issue keeps resurfacing is because they. feel it has
never been looked. at fairly. He feels that the Waters Group made errors in their study and
the Police Departlnent does not trust the so-called professionals. Sergeant Harrold stated that
he did not want to take the pay issue to the newspapers but the Police have tried for 9 years
to handle it through the City.
Sergeant Peterson comm~ted that during the course of their job, liability is very important. [
The kinds of decisions. that they make. are detrimental and have to be made in a matter of a .
few seconds. He commented that the Firefighters have time to regroup and make decisions as
. a group.
Council Member Rushing asked Sergeant Harrold if he was able to pick members of the
study "group. would he then like their outcome.
Sergeant Harrold stated that he would like to see a mutually agreed upon citizen committee
because the citizens are the ones who vote for the Council. It would not cost the City any
money.
Council Member Rushing asked Fire Chief Stevenson what he and his department thought
about selecting a citizen committee.
Chief StevenSon stated that he did not.think a citizen committee would be appropriate. He
felt that the StatI:CityManager and City Council were the decision makers. Chief Stevenson
commented that he did not think it was true to say that the issue had not been treated fairly.
Maybe it has not been resolved to the satisfaction of some people but it has been addressed.
Chief Stevenson stated that the Fire Department. did not have a vested interest and the
Council's decision would not affect them.. He commented that the Fire and Police are not a
public safety department but are two totally separate departments with different jobs.
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Comparing these two departments, position for position, would be difficult. Chief Stevenson'
stated that his department has tried to stay neutral but they do feel the issue needs to be
looked at as to how it will affect the entire City.
Council Member Lewis commented that she hated how she felt when the first letter was
printed in the newspaper accusing the Council and Staff of not being fair. She stated that it.
bothers her that the Council is being blamed for treating the Police Department unfairly.
Mayor Watson commented that the City is faced with a situation that has been broughtto the
publics. attention and he did not think it was right to say that the City is going to do nothing.
Ultimately? the decision will be the City Council's. Mayor Watson stated that he agreed that
a citizen committee? perhaps composed of all the Chainnan of the Committees, might be a
good idea.
. Mr. Tanner commented that, if there is interest in a compromise, it appears to be with a
study.. He stated that he believed every department and employee has value. Mr. Tanner
commented that he felt it was his responsibility as a City Manager to recommend each
department be studied. He suggested that a special effort should be made to validaty the
process then everyone will agree .that the results ate valid. Mr. Tanner commented that if the
Council feels citizens should be involved in the study? then they could possibly be used as an
oversight group.
Council Member Fogler stated that she would view the appropriate oversight'group to be.the
City's Staff and the Council. She felt it would be totally inappropriate and unprofessional to
have citizen involvement.
Council Member Fogler asked Sergeant.Harrold ifhe felt it would be possible to choose a
:firm to do a fair study with an oversight group also having input. She asked if he would then
agree to live by the results.
Sergeant Harrold stated that he has always felt that it was ludicrous for the City to pay
somebody to do a study to detennine employee salaries. He stated that the Police Department
did not trust the studies and were fed up with them. Sergeant Harrold stated that he has
. received numerous calls from citizens who are willing to cany petitions around the City and
force a referendum on this issue? if that is what it is going to take.
Council Member Rushing commented that he could not believe that multiple, third party?
independent studies are all missing the point.
Sergeant Harrold stated that the Police Officers kD.ow what their job is and what the Fire
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Department's job is. He stated that the overtime the officers receive takes them away from
their families but they.are forced to work overtime because they may need to testify in court
or fill in for other officers. Sergeant Harrold stated that the base salary and ceiling pay of the
Police Officers compared to the Fire Department's was the issue. He stated that the Police
Officers are adamant about this issue and are prepared to do whatever it takes as an
organization to get the matter resolved.
. Mr. Tanner stated that he has a problem with any employee making demands and: threats on
the. City Council.
Sergeant Harrold stated that he was not threatening the City Council but merely stating a fact.
He commented that the Police Department has been trying for 9 years to get the matter
resolved.
The City Council asked the City Manager and Staff to study the issue further and seek
alternatives to solving the pay grade dispute.
ADJOURNMENT:
With no further business to come before the City Council at this time, a motion was made by
Council Member Lewis, seconded by Council Member Rushing to adjourn.the workshop
sesSiOn
The workshop session adjoumed at 10: 17 p.rn.
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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01Y (X)(JNQL REGUIAR SESSION
MONDAY, NOVEMBER 14, 1994
. MUNlOPAL BUHDlNG
3800UNIVERSTIY BOUIEV ARD
7:30 P.M
The City Council convened in Regular Session in the Municipal Building (3800 University
Boulevard) on November 14, 1994, with the following members present: Mayor Watson
presiding, Council Members Rushing, Fogler, Lewis and .McCandless. The City Manager,
City Secretmy, City Attorney, Finance Director, Public Works Director, Police Chiet: Fire
Chiet: Parks and Recreation Director and Building Official were also present. Mayor Watson
delivered the invocation and Council Member Lewis led the.'Pledge of Allegiance.
CfllZl!N COMMEN1S:
Mayor Watson. invited residents who wish to address the City Council to come forward as
their nameS were called.
Randy Bullard, a resident at 6546 Buffalo Speedway; stated that. he was encouragelby
numerous citizens and various.hoard'members to address the City Council about getting an
amendment to the current Zoning Ordinance or ask to. be entitled to a Grandfather clause. He
reported that he has a comer . lot on Buffalo Speedway and Carnegie. The lot is 100 feet
across Buffalo Speedway and 150 feet deep on Carnegie with two separate addresses, the
other one being 3212 Carnegie. Mr. Bullard stated that he is asking for two lots so he can
rebuild on Carnegie. The Zoning Ordinance, as it reads now, will not permit him to divide
the lots as he would like to. The size of the lots wouldbe'75 by 100 feet on Carnegie and
on Buffalo Speedway, the. lot would be 100 feet across and 75 feet deep. Mr. Bullard stated
that,. at one time, the minimum lot size was 50 by 100 feet. It was changed to 60 by 100 feet
and then changed again to 75 by 110 feet. He asked that the City Council consider his
request;
Art Hirdler, a resident at 6416 Community, distributed a letter to the. City Council concerning
the placement of the lift station at Community and Byron. He requested that the lift station
be built either to the south side of Byron's center line or at the curb line of Community Drive
centered on Byron's center line. Mr. Hirdler also spoke in favor of the Police Officers parity
Issue.
Peggie Kohnert, a resident at 5616 Community, expressed her concern and support for the
Police Officers seeking a pay raise and parity with the Fire Department.
Larry Massey, a resident at 6410 Community, stated that he was asking that.the Police pay
grade dispute be resolved. .
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. City Council Regular Session, November 14, 1994
Beverly Loftis, a resident.at 4212 Marquette, suggested that a mediator would be a good idea
to solve the police parity issue. She also asked that the. issue be resolved in favor of the
Police Officers. .
Dorothy Rieger, a resident at 6516 Brompton, asked where replacement trees were being
planted. She also asked that the Milton Street Park not be cluttered with toys for children.
Phil Lewis, a resident at 6701 Brompton, stated that he felt the Police and Fire parity issue
was a personnel matter and not .to be brought in the public. He commented that the issue
being brought into the newspaper was distasteful. Mr. Lewis stated that in dealing with
salaries, it is impossible to make everyone happy. This issue should fall on the burden of the
City Staff with the overview of the City Council to decide the comparable worth.
Brian Lumpkin, a resident at 3905 Browning, spoke in favor of granting parity to the Police
Officers. He suggested reorganizing the pay grades of the Fire Department. Mr. Lumpkin
stated that he felt Police Officers should always be paid more than the Firefighters due to the
unattractiveness of the job, assignments and shift.
Eddie Harrold, West University Place Police Sergeant and a resident at 6812 Academy, Lr-
reported that the Police Department handled 35,000 calls for service last year. The Fire
Department handled 1,100 calls for service. He stated that there should be parity between the
two -departments.' Mr. Harrold stated that the parity issue has never been handled fairly./ He
stated that the City Manager had a committee, which he appointed, which failed to even vote
on the 26 page proposal submitted by the Police Captain.
Bobbie Hardy, a resident at 3717 Nottingham, stated that she disagreed with Mr. Lewis. She
stated that she felt the citizens have a right to know what goes on in the City government and
should be allowed to express their opinions.
FINAL REPORf OF V.MeA. UIILlZAlION TASK FORCE:
.~.~
Consideration was given to the final report of the Y.MC.A Utilization Task Force and its
members recognized.
Bob Fry, a resident at 3905 Villanova and Chairman of the Y.MC.A Task Force, reported
that they were asked to determine the uses of the Y.MC.A property, if the City did acquire it
and provide some estimations of the cost. Mr. Fry stated that the Task Force does
recommend that the City buy the property and integrate it into the existing parks and
recreation programs. He felt this was a very rare opportunity for an interloop community to
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City Council Regular Session, November 14, 1994
find a piece of real estate that is not developed and provide for future generations for the
City.
Council Member McCandless stated that he was very pleased with the report.
Mayor Watson presented members of the Y~MC.A Task Force with Certificates of
Appreciation.
CABlE 1EIEVISION REPORf AND RESOLUTION:
Consideration was given to a report presented by Time 'Varner Entertainment Company,
Resolution No. 94-24 and related matters.
City Attorney Jim Dougherty reported that Time Warner Cable was asking for pennission to
assign their' franchise from one limited partnership to another.
A motion was made by Council Member Fogler, seconded by Council Member McCandless
to approved Resolution No. 94-24 ( the November 14, 1994 faxed version). -'<<'
The motion was voted on with the following result:
~
Voting Aye: Mayor Watson, Council Members RuShing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
AMENDMENT 10 1REE PRESERVATION ORDINANCE:
Consideration was given to the first reading of Ordinance No. 1489.
Urban Forester Nes Tesno reported that the proposed amendment to the Tree Ordinance
would require a tree (not included in Class I, II or III) that attains 30 points or more be
replaced. -This would protect trees in Class N that are in very good condition but at the
same time give relief to residents that ,have poorer quality trees.
Council Member Fogler stated that she was opposed to the amendment because she felt that
when the changes were made to the Ordinance last Spring, the City Council talked about
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City Council Regular Session, November 14, 1994
leaving the Ordinance alone for awhile. She did not feel the amendment was necessary and
felt it was too soon to make changes. Council Member Fogler stated that one of the reasons
the Ordinance was looked at again was because there was some concern about the
replacement trees the City would be assessed in Priority Areas 2 and 3. She stated that if the
City has 50 inches in Priority Area 3 that have to be replaced and the City plants 25, two
inch, Live Oaks at $100 a piece, this would be $2,500. . This amount is less than 1% of what
the City paid for tree preservation in Priority Area 3. Council Member Fogler stated that this
was not enough of an incentive for removing 80% of Class IV trees from protection. .
Mayor Watson read the caption' of Ordinance No. 1489 as follows:
AN ORDINANCE RELATING TO REPLACEMENT OF CERTAIN TREES; AMENDING
1HE CODE OF ORDINANCES OF 1HE CIlY OF WEST UNIVERSIlY PLACE, lEXAS;
AND CONTAINING FINDINGS AND PROVISIONS RELATING TO 1HE SUBJECT
Copies of Ordinance No. 1489, 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 Membef Lewis to
adopt Ordinance No. 1489 on the first reading.
,
The motion was voted on with the following result:
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Voting Aye: Mayor Watson, Council Members Rushing, Lewis and McCandless
Voting Nay: Council Member Fogler .
Absent: . None
1EXAS MUNlOPAL REI1REMENT SYS1ElVI ORDINANCE:
Consideration was given to the second and final reading of Ordinance No. 1490.
Mayor Watson read the caption of Ordinance No. .1490 as follows:
AN ORDINANCE AUllIORIZING AND AILOWING, UNDER 1HE ACT GOVERNING
lEE lEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDAlED SERVICE CREDITS IN
SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE-PERFORMED BY
QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT 1HE EFFECTIVE DAlE OF
1HE AILOWANCE ARE IN 1HE EMPLOYMENT OF 1HE CIlY OF WEST
UNIVERSIlY PLACE; AND ESTABLISIllNG AN EFFECTIVE DAlE FOR 1HE
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City Council Regular Session, November 14, 1 94
ORDINANCE
Copies of Ordinance No. 1490, in the form Ii . ed 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. 1490 on thesemndand r reading.
The motion was voted on with the following ~t:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
BIDS FOR PRIORITY AREA 3
Consideration was given to. bids received Octo
(WestpointlVillanova) reconstruction.
The following bids were received:
Bidder
Bid
Bearden Contracting
Whitelak, Inc.
Brown & Root, Inc.
Kinsel Industries, Inc.
Hubco, Inc.
Calco Constructors, Inc.
$5,331,803.00
$5,593,105.50
$5,839,427.70
$6,397,763.05
$6,495,416.00
$7,174,614.00
Ed Menville, Public Works Director, stated that e Staff recommended the bid be awarded to
Bearden Contracting. The work is anticipated t start sometime in January.
A motion was made by Council Member Fogler seconded by Council Member McCandless
to approve the low bid in the amount of $5,331, 03 submitted by Bearden Contracting for
Priority. Area 3 reconstruction.
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City ,Council Regular Session, November 14, 1994
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The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
1994 BUDGEf AMENDMENT FOR PURCHASE OF VEHICLE:
Consideration was given to the first and final reading of Ordinance No. 1492.
. Mayor Watson read the caption of Ordinance No. 1492 as follows:
Copies of Ordinance No. 1492, in the form required for adoption, were available to all
members of the City Council.
Mr. Menville stated that the budget amendment was for a replacement vehicle that would be
used by the Urban Forester. The vehicle being replaced has continued to have mechanical
. problems.
[
A motion was made by Council Member Rushing, seconded by Council Member Fogler to
approve the first and final reading of Ordinance No. 1492.
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
01Y COUNCIL l.V.Il!EnNG MINlJTFS:
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City Council Regular Session, November 14, 1994
Consideration was given to the minutes of the following City Council meetings:
(a) Workshop Session conducted on November 7, 1994
(b) Regular Session conducted on November 7, 1994
A motion was made by Council Member Fogler, 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, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
~
A motion was made by Council Member McCandless, seconded by Council Member Fogler
to adjoumthe regular session and reconvene the workshop session.
The regular session acljoumed at .8:32 p.m.
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
.MA YO R
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CflY COUNCIL SPEGAL SESSION
:MONDAY, NOVEMBER 28, 1994
MUNICIPAL BunnING
3800 UNIVERSITY BOUIEV ARD
7:00 P.M
The City Council convened in Special Session at 7:00 p.rn. in the Municipal Building (3800
University Boulevard) on November 28, 1994, with the following members present: Mayor
Watson presiding, Council Members Rushing, Fogler, Lewis and McCandless. The. City
Manager, Police Chief: Chief Building Official and City Attorney were also present.
Art Hirdler, a resident at 6416 Community, requested that the City Council reconsider the
placement of the sanitary sewer liftstation on. Community Drive.
ORDINANCE CAIllNG JOINT PUBIlCHEARINGS:
Consideration was given to the first and . final reading of Ordinance No. 1486 and related
matters including.hearing and meeting dates.
City Attorney Jim Dougherty reviewed the highlights ofthe'refonnatted zoning ordinance and
the notice to'be mailed to every property owner in West University Place with the City.
Council.
The first proposed amendment wouldre-format the texfofthe Ordinance, incorporating
tables, other format 'changes and llumerousupdatesandrevisions 'inthe text. Articles 7 and 8
of the Ordinance would be primarily affected by this amendment, but other Articles and
attachments would also be affected toa lesser extent. Most of this amendment is designed to
simplify the Ordinance and make it easier to use. Text changes include restriction of "night
assembly uses" in the Commercial District, building site designations and dimensions,
affinnative defense for municipal. functions, deleting text to 'beconsolidated into the' City's
Code of Ordinances (trees, signs,. building lines), detailed provisions. for the. "narrow site'" side
yard measurement and the Projections Schedule, i'through lot" rule for front yards, special
exception rules for front yards ontmYotthoroughfares and utility and services uses generally,
transition features and residential.street restrictions, ,'provisions '.for. coordination with other
municipalities and compliance with state. and federal laws, consolidation of prior non-
conformity ("PNC") regulations and changes in the "lapse of time" provisions . for losing PNC
status and for PNC compliance and other updates and revisions.
The second proposed amendment would expand Article 15 of the Ordinance to include
organizational provisions for the Zoning and Planning Commission and . the Zoning Board of
Adjustment. This carries out the amendment .of similar provisions in the City Charter, which
was approved by the voters in August 1994. The expanded Article 15 would cover quorums,
qualification, tenns, appointments, vacancies, removal, officers and other related matters.
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City Council Special Session, November 28, 1994
,.
Mayor Watson read the caption of Ordinance No. 1486 as follows:
AN ORDINANCE CALLING JOINT PUBIlC HEARINGS BEFORE 1HE ZONING AND
PLANNING COMMISSION AND TIlE CllY COUNCIL OF TIlE CllY OF WEST
UNlVERSIlY PIACE, 1EXAS, INREIATION TO PROPOSED AMENDMENTS TO TIlE
ZONING ORDINANCES OF SAID CIlY; PROVIDING FOR NOTICE; CONTAINING
FINDINGS AND PROVISIONS RELATING TO TIlE SUBJECT; AND DEClARING AN
EMERGENCY).
Copies of Ordinance No. 1486, 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. 1486 on the first 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
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Mr. Dougherty stated that the technical requirement for adopting an ordinance is either two
regular meetings or one -special meeting with an emergency clause. A zoning ordinance has
never been adopted on an emergency clause. Mr. Dougherty recommended that the City
Council set a date to have another regular session in December so that the ordin.ance could
possibly be adopted before the end of the year.
A motion was made by Council Member Rushing, seconded by Council Member Lewis that
the City Council hold regular meetings in the month of December on the 5th, 12th and the
19th beginning at 7:30 p.m
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
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City Council Special Session, November 28, 1994
DUTIES OF POlICE CHIEF:
The City Council discussed the duties of the Police Chief and related matters.
Closed Executive Session was held llilder Section 551.074, Texas Government Code.
The Executive Session convened at 7:55 p.rn.
The Executive Session adjourned at 9:46 p.rn.
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 special session.
The special session adjourned at 9:50 p.rn.
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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CITY COUNOL ~HOP S~SION
MONDAY, DECEMBER 5, 1994
MUNlOPAL BunnING
3800 UNlVERSTIY BOUlEVARD
6:30 P.M
The City Council convened in Workshop Session at 6:40 p.rn. in the Municipal Building
(3800 University Boulevard) on December 5, 1994, with the following members present:
Mayor Watson presiding, Council Members Rushing, Fogler, Lewis and McCandless. The
City Manager, City Secretary, Finance Director,. Public Works Director, Police Chief: Fire
Chief: Parks and Recreation Director, Deputy Public Works Director and Urban Forester were
also present.
AGENDA REVJEW:" .
The City Council reviewed the regular meeting agenda and discussed items under
consideration with the Staff
MATIERS REIATING 10 1HE BIDS FOR DITCH RESTORATION:
Council Member Rushing asked why the Public Works Director was recommending that the
bids for ditch restoration be rejected. .
Ed Menville, Public Works Director, stated that the.bids received were'much.too high. The
Staff would like to restructure the bid specifications to more clearly define the scope of the
work
FlAG <DN'I'EST:
The City Council'discussed the results of the flag contest and considered developing a City
standard
Mark Mailes, Parks and Recreation Director, presented the flag that received the m;yority of
the votes in the flag contest. He suggested that the announcement be made and the winner
receive his award at the Tree Lighting Ceremony on December 8, 1994.
Mike Tanner, City Manager, commented that if the City Council was interested in developing
a standard, the Staff could take the flag drawing to ~ commercial artist for some
modifications.
PARK DEDICATION AND ARBOR DAY CElEBRATION:
The City Council discussed the dedication of Weir Park improvements and celebration of
Arbor Day on January 28, 1995.
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Nes Tesno, Urban Forester, stated that in order for West University Place to be part of "Tree
City U.S.A", the City must have an Arbor Day Celebration every year. At the celebration,
there will be a~ planting ceremony and a coloring . contest. A representative from the
Texas Forest SeIVice will be.at the ceremony and will setup anit1fonnation tablefofanyone
interested
Mr. Mallessuggestedthat the City celebrate Arbor Day at Weir Park and dedicate the park at
the same time. .
EXlENSION OF RECORDS CONIROL SCRmlJIE FIT JNG DFADT JNF~
The City Council discussed.a petition to extend the Records Control Schedule filing deadline.
The City Secretary reported that in order to extendthefiling deadline of the City's records
retention schedules, the State Library requires that the extension be approved by the City
Council and the. petition signed by the Mayor. If approved, the deadline for filing will.be
extended from January 2, 1995 to January 2, 1996.
A motion was madehy Council Member Rushing, seconded by Council Member Fogler to [..
approve the petition to extend the Records Control Schedulefiling'deadIine.
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
PURCHASE OF REAL ESTAlE:
The City Council considered matters relating to the acquisitionofreaI estate located at 3826
Amherst Street.
Closed Executive Session was held under Section551.072, Texas Government Code.
City Attorney Jim. Dougherty arrived at 7:13 p.m
The City Council a4joumed the Executive Session 7:21 p.m and reconvened in workshop
sessIOn.
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.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 workshop
SesSIOn.
The workshop session adjourned at 7:25 p.m
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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CITY COUNOL REGUIAR SESSION
MONDAY, DECEMBER 5, 1994
MUNIOPAL BunnING
3800 UNIVERSITY BOUIEV ARD
7:30P.M
The City Council convened in Regular Session at 7:30 p.m in the Municipal Building{3800
University Boulevard) on December 5, 1994, with the following members present: Mayor
Watson presiding, Council Members Rushing, Fogler, Lewis and.McCandless. The City
Manager, City Secretary, Finance Director, Public Works Director, Police Chiet:FireChiet:
and Parks and Recreation Director were also present Mayor Pro Tem Rushing delivered the
invocation and Council Member McCandless . led the. Pledge of Allegiance.
cnJ.ZJiN <DMMENTS:
Father Joseph, Pastor of the St. George Orthodox Church located at 5311 Mercer, introdu.ced
members of the church who were present at the meeting.
\
Dr. Engelhardt, a resident at 2802 I..afayette and a member of the Parish Council at St.
George Orthodox Church, . stated that he was speaking on behalfoftheCouncil because it has
come to their attention that a number of neighbors, who reside close to the Church,.;bave'been
disturbed by cars parking on the street a4jacent to their houses. There is no curb on the street
and the boundary is unclear between the street and their property. He stated that<the Church
. would pay for the erection of no-parking signs on Sewanee between Albans and Bissonnet or
they would help the City clearly mark the property .boundarylinein the non-curbed areas
close to the Church.
Art Hirdler, a resident at 6416 Community, commented that he thought the Police Officers
should get equal pay for equaljobs done. . Mr. Hirdler provided the. City Council with a letter
clarifying a sentence in his letter to the City Council dated November 14, 1994 and also
concerning the location of the sanitary lift station on Byron Street.
Larry Massey, a resident at 6410 Community, thanked the Council for reacting quickly on the
issue of the Police pay study. Mr. Massey also thanked the City Manager, Mayor Watson
and Council Member Lewis for attending the first. meeting of the. provisional Rotary Club.
Randy Bullard, a resident at 6546 Buffalo Speedway, spoke to the Council about his lots
located at 6546 Buffalo Speedway and 3212 Camegie. Restated that he wanted to clarify the
misunderstanding about his lots becoming a rotated comer if he subdivides the property. Mr.
Bullard stated that he would be willing to comply with any green space requirements in the
City.
Tanya Loden, a resident at 4006 Coleridge, spoke in favor of the City granting parity in the
Police. and Fire Department.
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PAY GRADE DISPU1E:
MikeTanner, City Manager, stated that.the Staff was optimistic that a solution to the pay
grade dispute in the Police Department could be reached without conducting another study.
Mr. Tanner stated that he will. continue to meet withthe.Police and Fire Chief on tills issue.
A possible solution will be presented at the next City Council Meeting.
AMENDMENT TO TIlE l1UE PR~RRV A nON ORnlN A NrE.
Consideration was given'to. the second and final reading of Ordinance No. 1489.
. Mayor Watson read the caption'ofOrdinance NO...1489 as follows:
AN ORDINANCE RELATING m REPLACEMENT OF CERTAIN1REES; AMENDING
1HE CODE OF ORDINANCES OF '1HE.CITYOF. WEST UNIVERSITY PLACE, lEXAS;
AND CONTAINING FINDINGS ANI) PROVISIONS RELATING m 1HE SUBJECT.
Copies of Ordinance No. 1489, in the fonnrequired for adoption, were available to.au
members of the City Council.
A motion was made by Council Member Lewis, seconded by Council Member Rushing to
adopt Ordinance No. 1489 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
Voting Nay: Council Member Fogler
Absent: None
BIDS FOR DITCH ~1ORA1I0N:
Consideration was given to bids received October 27, 1994 for restoration of a drainage ditch
located at the City Landfill on Ruffino Road in Houston.
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City Council Regular Session, December 5, 1994
The following bids were submitted:
BIDDER
BID
$89,510
$75,600
$74,200
$68,500
$58,258
Orange Construction
Lindsey Construction
Eagle Construction
Jerdon Construction
D.A Parker Construction
Ed Menville, Public Works Director, stated that the bids were extremely high. The Staff
recommends that the bids be rejected and the City Council authorize the Staff to re-bid the
project.
A motion was made by Council Member Rushing, seconded by Council Member Foglerto
reject all bids received for the ditch restoration and authorize the Staff to re-bid the project
after clarification of the specifications:
The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
EXIENSION OF GROUND MAIN1ENANCE a>N1RACf:
Consideration was given to the extension of a contract in the amount of$42,OOO with
Landscape Professionals of Texas for parks, grounds and right~f-way maintenance.
Mark Mailes, Park and Recreation Director, reported't.'mt Landscape Professionals. of Texas
has provided the grounds maintenance service for the. City. since July 1992. The()riginal
contract allowed the city the option to' renew two additional one year periods. . The contract
amount for 1995 will be $42,000.
A motion was made by Council Member McCandless, seconded by Council Member Lewis to
renew the contract with Landscape Professionals of Texas for 1995.
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The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
aJUNCIL a>lVIMENTS:
Council Member Lewis reported that. the Youth Council is' selling Christmas ornaments for
the Friends.ofWest University Parks. She encouraged everyone to purchase one.
Council Member Rushing thanked the Police and Fire Chief and the City Manager for moving
forward in resolving the parity issue.
STAFFREPORf:
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Mr.Mailes reported that the Tree Lighting Ceremony would be. held . at City Hall on
December 8, 1994 at 7:00p.m.
ADJOURNMENT:
A motion. was made by Council Member Lewis, seconded by Council Member Fogler to
adjOlnll the regular session.
The regular session adjourned at 8:16 . p.rn.
KAYLYNN HOLLOWAY
CITY SECRETARY
81 LL WATSON
MAYOR
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CITY mUNOL \\ORKSHOP SESSION
MONDAY, DECEMBER 12, 1994
MUNICIPAL BunnING
3800 UNIVERSITY BOUlEVARD
6:30 P.M
The City. Council convened in Workshop Session at 6:40 p.m in the Municipal Building
(3800 University Boulevard) on December 12, 1994, with the following members present:
Mayor Watson presiding, Council Members Rushing, Fogler, Lewis and McCandless. The
City Manager, City Secretmy,Finance Director, Public Works Director, Police Chief: Fire
Chief: Parks and Recreation Director, Deputy Public Works Director and Urban Forester were
also present.
AGENDA REVIEW:
The City Council reviewed the regular meeting agenda and discussed items under
consideration with the Staff.
MATIERS.'REI.A11NGlO PAY .GRADE DISPU1E:
. Mike Tanner presented the City Council with a proposed plan to settle the pay grade dispute
in the Police Department. The proposed plan includes the following changes: _
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Abolish position of Police . Captain
Change title of Police Sergeant to Patrol Lieutenant (3 positions), delegate additioriaI
responsibility, increase position requirements (MinimUm education, experience and
certification) and reassign to Pay Grade 43
Change title of Detective . Sergeant to Detective Lieutenant (1 position), delegate
additional responsibility, increase position requirements> (Minimum education,
experience and certification) . and reassign to Pay Grade 43
Create position of Services Sergeant, delegate responsibility for miscellaneous services
(Administrative support,'communications, D.ARE. activities, animal control'and
limited code enforcement) and assign to Pay Grade 41
Change title of Police CorporaIto Patrol Sergeant (3 positions), delegate additional
responsibility, increase position. requirements (Minimum education, experience and
certification) and assign to Pay Grade 41
Abolish position of Firefighter (E.M T.)
Change title of Firefighter II (Parimedic) to Firefighter
3.
4.
5.
6.
7.
Mr. Tanner stated that if.the City can recrtritand retain more qualified individuals, then it will
show in the delivery of services.
Police Chief Steve Griffith stated that he felt the changes would provide for additional control
by him. The changes flatten the organization and will provide opportunities for the managers
in the Police Department to take on additional responsibility and grow in the process.
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Council Member Rushing asked the Police Chiefabout the negative impact of the changes.
Chief Griffith reported that an obvious negative. impact is that the Police. Captain is being
assigned to a different position, although he is not losing any compensation,. at this time.
There are aIsosome shift changes that are going on within the. organization.
Council Member .McCandles~asked the Police Chief if he had spoken withthe'principaIs in
the pay grade. dispute and how they felt about the changes.
Chief Griffith stated that they were a little smprised by the changes but are generally pleased.
They feelthese changes resolve the problem because parity will exist.
Council Member Fogler asked the Fire Chief how he felt about the changes.
Fire Chief Terry Stevenson commented that his departinent was not really affected by any of
the changes. He felt "some good" came out of taking a hard look at both departments.
Coun9ilMember Lewis stated that she wanted to .go on record by. saying. that. she Q9CS not
approve of the changes but will support the Staff and their decision. She stated that she does
not like the way the City Council was forced into deaIingwiththepay dispute. She did not
feel that the . changes were a fair solution. . Council Member'Lewis commented that she felt
that the changes lwgate the need for doing a cotnpQsitestudyof the pay plan. . She stated that
she personally believed it is within the capabilitieS of the Staff to identify the problem areas
and the City does not need to use an outside. service to resolve the issues which she felt were
more important than the pay grade dispute in the Police Department.
Council Member Fogler stated that she would trust the Police Chief when he says these
changes . will solve the problem but she was a little . leery of its . impact beyond the Police
Department, whether there will be an impact on moralein.otherdepartments.Shestated that
if there were other problem areas that need to be looked at, then she felt now was the time to
do this rather thana year from. now. She did not want -other departments feeling like
somebody was treated special. ,.,'
Mr. Tanner commented that there was no doubt that the proposed changes were a first step.
He stated that the Staff will take a look at other areas and present them to the City Council.
Mr. Tanner stated that he did not. believe they would'see dramatic cost changes and in the
end, he felt the City would benefit.
Council Member McCandless commented that he felt the Staff IS proposal was a good
solution.
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MATIERS RElATING 10 1BE BAI.lHEI.D RF..alNFIGURATION:
Ken Sparks, representing the Tri-Sports Association, presented the Council with spill light
projections on athletic fields 1, 2 and 3. Mr. Sparks stated that the low bid received for the
ballfield reconfiguration was $284,725. Tri-Sports is willing to reimburse the City 25% over
a five year period for a total amount of $70,000. Mr. Sparks reported that the City's portion
of $214,725 could be paid out of the reserve general fimd as capital improvements. The
project qualifies as recreational services under the City's governmental function. Mr. Sparks
commented that it was nonnal, standard procedure for a governmental entity to provide
lighted fields' for youth sports activities.
Council' Member Fogler asked if anyone had given any thought to pulling the lighting system
out of the . project and have it bid separately by lighting contractors because the bid amount
seemed very high. .
Mark Mailes, Parks and Recreation Director, reported that the original estimates were done by
a lighting contractor and the estimates given were approximately $125,000. .
Council Member Lewis asked if Tri-Sports could charge higher rates for non-residents to play
in the West University Leagues.
Mr. Sparks stated that since Tri-Sports is using the H.I.S.D.. fields at the Elementary School
and at Pershing Middle School, the school district requires that any student attending those
schools be allowed to participate. Baseball is governed by a separate set of regulations. . A
suggested contribution is set for everyone in that geographical area.
Mr. Sparks reported that if the City Council approves the ballfield improvements, it will be
subject to H.I.S.D. approvaL He stated that he did not anticipate any problems.
Council Member. Fogler commented that a repaYl11ent over a five year period was rather
extended. If there are 2,000 children playing'sports every year and the registration fee was
raised $10 per child, then Tri-Sports could raise $20,000. She asked why Tri-Sportswas
suggesting a five year return.
Mr. Sparks reported that softball has 400 kids in their program and.if the amount was raised
by $10, then they could raise $4,000. Tri-Sports has devised a plan to help finance the
program with softball and soccer carrying less of a burden than baseball, since baseball would
be getting two lighted fields. On that ratio, it would be $4,000 each for soccer and softball
and $6,000 for basebalL
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City Council Workshop Session, December 12, 1994
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The workshop session acljoumed at 7:30 p.rn. to convene in Regular Session. The workshop
session reconvened at 10: 10 p.rn. with the following members present: Mayor Watson
presiding, Council Members. Rushing, Fogler, Lewis and McCandless. The City Manager,
City Secretary, Finance Director, Public Works Director, Police Chief: Fire Chief and Parks
and Recreation Director.
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REPORf ON a>l\1MUNl1Y BunnING REllABIIHATION:
The City Council considered a report on Community Building rehabilitation presented by
Mitchell Carlson and Associates, Inc. '.
John Stone of Mitchell Carlson and Associates, Inc. presented the proposed colors for the
improvements to the Community Building. The entire facility will be repainted. Mr. Stone
commented that they were trying to unify the area so that the Community Building will
compliment the Library and Senior Wmg.
Council Member Lewis asked if they could use colors that would not make the buil~g look
so institutionaL She stated that the building is used mostly by women and she woUld like to ITI
see colors that were warmer and friendlier. LL
Council Member Lewis and Fogler stated that they would be willing to bring some additional
color chips for consideration.
Council Member Rushing suggested that a member of the Council work with the interior
designer from Mitchell Carlson and come back with a second option.
PARKING alMPIAlNT:
The City Council discussed a parking complaint presented by representatives of the St. .
George Greek Orthodox Church.
Mr. Tanner stated that the representatives from the Church feel that their members do not
know that they are not suppose to park along Mercer Street. He stated that the Police Chief
feels the only way to end the parking problem is to create a no-parking zone and put up
SIgns.
The City Council agreed that a no-parking zone should be created and the residents in the
area notified.
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ADJOURNMENT:
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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 workshop
sesSIOn.
The workshop session adjourned at 10:46 p.rn.
KAYLYNN HOLLOWAY
CITY SECRETARY
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00129
BILL WATSON'
MAYOR
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CITY axJNQL OF TIJE CITY OF VVlST UNWERSIIYPIACE
'REGUIAR S~SION'AND JOINT PUBUC HEARIN~
MONDAY, DECEMBER 12, 1994
MUNICIPAL BunnING
3800 UNlVERSIIY BOUlEVARD
7:30 P.M
The City Council convened in Regular Session at 7:30 p.rn.' in the Municipal Building (3800
University Boulevard) on December 12, 1994, with the. following members present: Mayor
Watson presiding, Council Members Rushing, Fogler, Lewis and McCandless. The City
Manager, CitySecreta1y, Finance Director, Public Works Director,PoliceChiet: Fire Chiet:
and Parks and Recreation Director were aIsopresent.Mayor Watson delivefed the' invocation
and Council Member Rushing led the Pledge of Allegiance.
PUBUC HEARIN~:
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Joint public hearings were held before the Zoning & Planning Commission and the City
Council. The purpose of the hearings was to provide an opportlmity for parties in interest and
citizens to be .heardin relation to two proposedaIi1endments to the' Zoning Ordinance' of the
City, Ordinance No. 1298, as amendatsummarized as follows:
Proposed Amendment No. 1 would re-fonnat the text of the Ordinance, inCOlpOrating
tables, other fonnat . changes and numerous updates and ~ions in the text.
Proposed Amendment No. 2 would expand Article. 15 . of the Ordinance to include
organizational provisions for the Zoning & Planning Commission and the Zoning
Board of Adjustment.
The followingmerr1bers of the Zoning and Planning Commission were present at the meeting:
Ned Ross, Chairman, Buddy Bell, Dan Doughty, Charles Nelson and Joe Webb.
Mr. Ross asked the City Staff to report about the notices given for the hearings.
City Secretary Kaylynn Holloway reported that the notice of the Public Hearings was
published in the Houston Chronicle on Thursday, December '1, and posted in three public
places at City Hall on Monday, December 4.
Police.Chief Steve Griffith, reported that on December 2, 1994, notices of the Joint Public
Hearings were mailed to each and every physical address in West University Place. The.
information was verified from the utility billing list. obtained, from the Finance Department at
the close of business on November 29, 1994. Notices were aIsosent to an additional 241
names of property owners who have their water bill mailed outside of West University Place.
City Attorney Jim Dougherty reviewed the proposed amendments with the persons present at
the public hearing.
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City Council Regular Session, December 12, 1994 .
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Members of the public. were invited to ask questions or speak concerning the amendments.
Robert Kendrick, 6324 Rutgers, stated that he felt the whole procedure that was used to give
notice of the zoning hearings was out of line. He stated that the inOication in the notice was
that the Zoning Ordinance was not changing but he felt there was a great deal of change
proposed in the zoning amendments. Mr. Kendric~ commented that a meeting of such
importance should be held with better notice to.the community. He stated that he did not
understand why the City had to constantly keep changing the Zoning Ordinance.
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Mr. Ross reported that the intent of the amendments was to consolidate the Ordinance and
make it more readable. . -.
Art Hirdler, 6416 Community Drive, expressed concern over Section 6-101, "certain
affirmative defenses", of the proposed amendment He felt this section did not give residents
any recourse on a decision made by the City. He asked that the Commission change the
Ordinance so. that it would help the residents. Mr. Hirdler also commented on the section in
the current Zoning Ordinance that addressed .garage doors that face the street. He felt the
Ordinance was too restrictive in requiring garage doors that face the street to be 10:Jeet from
the front setback area.
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Mr. Bell reported that the 10 foot setback requirement was a safety feature .for cars so that
they would not have to block a sidewalk.
Patrick Dugan, 3719 Rice, commented that he also felt the proposed amendments were doing
more than justrefonnatting the Zoning Ordinance. . He took issue with'Section 8-112 titled
"Other Laws". Mr. Dugan felt this section was more of a hindrance to residents because it
kept them from going to court and it was designed to keep residents from raising issues that
are important to them. Mr. Dugan also stated that he thought Section 6-101 immunized the
City from its own Zoning Ordinance.
Mr. Ross reported that the intent of Section 8-112 was not to shelter the City in any way but
to offer residents an expedient and concrete way to go to the Building Officiarand get a
. detennination on a problem without having to go to the Zoning Board of Adjustment.
Susan Ohsfeldt, 4101 Tennyson, commented that she felt the notice to the residents was
extremely confusing. She stated that the notice did not inform anyone that the City was
going to expand its affinnative defenses. Ms. Ohsfeldt commented that the language of the
notice should be in simple form and made easier to understand by.all residents. She also
stated that she thought the City should be held to the same standards as residents.
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City Council Regular Session, December 12, 1994
There being no more persons wishing to be heard, the Public Hearings closed at. 8:30 p.m.
(The Zoning and Planning Commission left the room.)
The City.Council.Regular Session reconvened at 8:32 p.m.
Cn:tnN a>MMENTS:
Mayor Watson invited residents who wished to address the City. Council to come fOlWard as
their names were called.
Mr. Hirdler read the second page of his letter that he had distributed to the City Council at a
previous meeting. The letter addressed placement of the liftstation at Community and
Byron
Umy Veselka, 3305 Robinhood, spoke in support of the ballfield reconfiguration at the West
University Little League fields.
Mr. Dugan stated that he has always been opposed to the lights on the Little League fields.
He proposed an alternative plan to only light the fields away from the property lines on the
3700 block of Rice. Mr. Dugan stated that seven lighted fields.in the middle ofa zoned
residential area is a difficult burden to impose on the families-inthe area. He also objected
to the City funding the project for Tri-Sports.
Creag Childress, President of the West University Softball Association,- spoke in favor of the
ballfield reconfiguration He reported that this year softball has over 400 girls participating
and the extra fields are needed to support all of the teams in Tri-Sports. Mr. Childressask-ed
that the City Council approve the ballfieldreconfiguration
Ken Sparks, 3514 Georgetown, President of the Tri-Sports Association, stated that he would
like to stress that a part of any city's governmental function is providing recreational services
for its citizens, whether it,beparks, pools, golf courses or youth.,sports. .... Mr. Sparks stated
that Tri-Sports, currently through its member.organizations and through all of its volunteer efforts, saves the Cityof West University an incredible amount of money. Mr. Sparks
reported that the Tri-Sports Organization is offering to pay 25% of the cost of lighting the
ballfields, over a five year period, in order to defray the cost to the City. He urged the
Council to vote in favor of the ballfield reconfiguration.
Bill Young, 6604 Sewanee, President of West University Little.League, spoke in favor of the
ballfield reconfiguration Mr. Young reported that the West University Little League provides
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City Council Regular Session, December 12, 1994
youth sports activities for over 800 kids in the area and to a large extent has been self
supportive through their _ fund raising efforts. He stated that they were now at the point where
they needed help because there were no other alternatives other than to maximize the use of
the main field at the elementary school.
Katina Jackson, .3613 Nottingham, past President of the West University Little League, stated
that field space was a major problem in the area. She commented that, as a Mother of four
children, she did not feel comfortable with droppmg children at the Stella Link ballfield area
right now. Mrs. Jackson asked that the City Council think of the needs and safety of the kids
and urged the Council to vote in favor of the field reconfiguration .
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Susan Arnoult, 3402 Sunset, past President of the West University Auxiliary Little League,
spoke about the fund raising part of Little League. She stated that player donations are set at
. $85. The - donation is not a requirement but most of the players make the donation. The
Little. League has team sponsors from local businesses, parent's businesses, sales from the dug
out, candy sales,-opening day barbecue and an annual auction Mrs. Arnoult stated that some
of the fund raising is consistent such as the sponsors, the candy sales and the donations but
others are not as predictable. The fund raising makes the Little League self-suppoqive for
that year but there is not enough money to light the fields. Mrs. Arnoult asked the Council to
support the field rec6nfiguration -
Jeff Springmeyer, 6526 Sewanee, stated that his job with the Little League is to assign all of
the fields to the various teams. He commented that it was going to be a difficult job this
year. Mr. Springmeyer asked the City Council to support the field lighting.
Bruce Wallace, 3020 Cason, stated that his responsibility was Field Director with the West
University Little League. He urged the Council to vote for the field reconfiguration
Sonny Ahrens, 3729 Nottingham, commented that he has been a Softball Coach for over 15
years and a member of the Softball Board He stated that, with the loss of the Brompton
fields, the fields will be overcrowded and there are serious safety problems. Mr. Ahrens
reported that Tri-Sports had asked him to reconfigure the fields to make them more
productive and less of a safety problem. . He asked the Council to support the ballfield
reconfiguration
Robert Walters, 3759 Rice Boulevard, stated that the problem with the fields dates back for
18 years or more and these issues have been discussed repeatedly. He stated that he wrote a
letter to the City but has not received a response. Mr. Walters stated that the City has made
the residents on Rice Boulevard promises about lighting the fields and these promises have.
not been fulfilled. He stated that the residents on the 3700 block of Rice Boulevard have
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always been asked to compromise. Mr. Walters asked that the City Council be patient a little
longer because the. development of the park at Stella Link was very close to being finished.
He did not think the solution to the problem was lighting seven ballfields.
Mr. Kendrick spoke again concerning the amendments to the Zoning Ordinance. He stated
that he felt the notice of the meeting was misleading. He asked the City Council to defer any
questions on the Zoning Ordinance and ask the Zoning & Planning Commission to reconsider
their amendments and then present a c1ear understanding to the residents.
Gail Regan, 3735 Rice Boulevard, stated that she could still see no consideration given to the
property rights of the people on Rice Boulevard Mrs. Regan stated that the noise was a
truYor problem and the lights were not always off at 10:00 p.m. She commented that her
daughter was involved in softball and. in going through the roster last year, approximately
23% of the girls. did not have West University addresses. She suggested that . one way to
alleviate the problem of overcrowding was to say "no" to some of the kids that do not belong
in the program.
Rosali Day, 3731 Rice Boulevard, stated that West University should not have a "go-style
complex" in the middle of a residential neighborhood. She stated that the noise is very loud
and the lights. are never tumed..off on time. Mrs. Day stated that she did not think it was fair
for herto be asked to pay for something that was decreasing her quality of life.
PROCl AMAlION REIA'IING 10 ARBOR DAY:
Consideration was given to a proclamation declaring January 28, 1995 as Arbor Day in the
City of West University Place.
A motion was made Council Member Lewis, seconded by Council Member Rushing to
approve a proclamation declaring January 28, 1995 as Arbor Day.
The motion was voted on with the following result:
Voting Aye:. Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless.
Voting Nay: None
Absent: None
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City Council Regular Session, December 12, 1994
BIDS FOR BAlLFIElD RE<DNFIGURATION:
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Consideration was given to bids received December 6, 1994 for ballfield reconfiguration and
playground improvements at the West University Elementary School.
The. following bids were reCeived:
Bidder
Rid Amount
. Gulf Coast Landscape
Rainman Sprinkler
$284,725
$301,920.93
'.
Mark Mailes, Parks & Recreation Director, stated that the Staffwas recommending that the
bid award should go to Gulf Coast Landscape. Gulf Coast Landscape has done excellent
work in the City on Weir Park and Milton Street Park .
A motion was made by Council Member Fogler, seconded by Council Member McCandless
to approve reconfiguration and lighting on fields 1, 2 and 3, to accept the low bid -jp the
amount of $284,725 from Gulf Coast Landscape and finther, the installation and operation be [
subjected to the same requirements and restrictions that were put on the installation of the
Scout House field lights which included a light timer, specific hours of operation and the
appointment of the Parks & Recreation Director as a contact person and arbitrator.
An amended motion was made by Council Member Fogler, seconded by Council Member
McCandless to incorporate the need for HI. S.D. approval and an appropriate budget
amendment
Council Member Rushing asked that the City Council join him in voting "no" on this issue.
He stated that the City .Council. has been asked to spend money numerous times, but never
has the Council approved a $300,000 expenditure with one day of discussion. Council
Member Rushing. expressed his reasons why the Council-should not approve the expenditure.
The first one being that the City Council has not had enough time to discuss or- detennine the
rationale for the bids received. He stated that the City Council had just received the bids.
Second, the City is spending $200,000 of this money on property that does not belong to the
City. Council Member Rushing's third point was that the City was going to take money from
the Reserve Fund because no money has been budgeted for this issue. He stated that the
forth coming.year will not be impacted by delaying the vote. Council Member Rushing's
final point was that he did not believe that the $70,000 commitment from Tri-Sports was
binding and will be forgotten by the next President of Tri~Sports.
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Council Member Lewis also asked for a "no" vote on the ballfieldreconfiguration and stated
that she shared some of Council Member Rushing's same concerns. She commented that she
was not voting against the needs of Tri-Sports or the youth in the community. Council
Member Lewis stated that the reason she would like to delay the project. was to give Tri-
. Sports the opporttmity to reevaluate what it is they want to do. She stated that she has
worked with the Tri-Sports Association in years past and understands that the :first thing you
do is askfor everything that you hope to get and then negotiate and work out a compromise
until you reach a point where everyone is comfortable. Council Member Lewis stated that
she would like Tri-Sports to be given the opporttmity to reevaluate their needs. She also
stated that she felt it was the responsibility of everyone who supports Tri-Sports to find a way
to absorb more of the financial burden. Council Member Lewis reiterated that she was not
against the Tri-Sports project but against the City fimding the project.
Council Member McCandless stated that he was in favor of the City moving forward on the
project. He stated that he felt the cost of the project was small compared to the long-term
benefits. He commented that one of the great attractions of West University Place is the
culture that has been developed over the years. Council Member McCandless stated. that he
did not feel the project should be delayed any longer and that he felt confidentthat;Tri-Sports
would keep their promise to reimburse the City.
Council ~~Fogler stated that she also had some concerns about spending money from
theReserveSbut,afi:er careful consideration,'she is supporting the program and the financial .
constraints suggested by Tri-Sports. She stated that in the last budget year the City Council
spent roughly $105,000 to purchase a new pool bubble which accommodates 50 to 75 regular
lap.swimmers..'TheTri-Sportsprogram supportsc.2,200 participants.c-'The City is spending a
lot more money.to refurbish the Community.Building and it probably.does not senrice as
many people' as the Tri-Sports program. Council Member Fogler stated that she thinks every
member of the City Council is sensitive to the needs of the residents on Rice Boulevard and
that she is upset to learn that the lights were not being turned off at the required time.
However, she is making her decision based. on what she feels is the best thing to do which is
to further the program, go forward with the reconfiguration and lighting and to accept the Tri-
Sports funding proposaL Council MembercFogler commented that, in the end, the
reconfiguration and installation of professionally designed lights will benefit the residents on
Rice Boulevard She concluded by saying that the :first time the City Council heard about
the fieldreconfiguration was the Fall. of 1993 from Ken Sparks and Russ Schulze. She
commented that the request is not something new and that she did not feel the Council was
acting in anyway out of the ordinary by voting on the project that night.
Mayor Watson stated that he had only one comment.which was that he could not figure out
any viable alternative.
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The motion was voted on with the following result:
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, Council Members Fogler and
McCandless
Council Members Rushing and Lewis
None
The motion carried.
PAY GRADE DISPUIE:
Consideration was given to a pay grade dispute in the Police Department and a plan to end it.
Police Chief Steve Griffith stated that the City Manager, the Fire Chief and he were very
pleased to present a. solution to the pay grade dispute issue. They set out to correct the
perceived problem of parity through design and considered many differentoptions;'~He stated
that they made the decision to move the level of administration -in the Police Department.
This will increase the responsibility of shift managers and will allow for direct input between L
.1hePoliceChief and 1he Staff which provides service directly to 1he residents. Chief Griffith I
reported that the solution does involve some vital-changes in some of the 'management staff
but does' not require changes in current salaries. The solution does provide parity between the
Fire Department and the Police Department. .
Chief Griffith stated that he ~ on behalf of the City Manager and the Fire Chief in
recommending that the City Council approve the reorganization He stated that it was their
belief that, in addition to pennanently resolving the issue, the service level to the residents
will improve.
A motion was made by Council Member McCandless, seconded by Council Member Lewis to
approve the reorganization of-the Police Department beginning January 1, 1995::,8:) presented
by the Staff
Council Member Fogler commented that the City Council was going to be hearing more from
the Staff in future months about ways to handle discrepancies that might be created in other
departments.
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The motion was voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
. Absent: None
BIDS FOR PREIREAlMENT OF 1REFS: u
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Consideration was given to bids received November 15, 1994 for the pretreatment of right- of-
way trees that will be affected by Priority Area 3 (West Point/Villanova) reconstruction.
The following bids were received:
Bidder
Bid Amount
Foster's Tree Service
Texas. Landscapers
Davey Trees
Trees, Inc.
$44,850
$21,682
$29,974
$20,650
Ed Menville,Director of Public Works, reported that the low bid received was from Trees,
Inc. who also did the pretreatinentoftrees in Priority Area 3. They did a satisfactory job and
the. Staffwas recommending that Trees, Inc. be awarded the contract.
A motion was made by Council Member Fogler, seconded by Council Member McCandless
to approve the low bid submitted by Trees, Inc. in the amount of $20,650 for the pretreatment
of trees in Priority Area 3.
Council Member.Rushing asked Mr. ..Menville if the. bid received for pretreatment of trees in
Priority Area 3.was less than the amount.awarded for Priority Area 2.
Mr. Menville reported that the bid award for Priority Area 2 was in the amount of $15,558.
Pretreatment of trees. in Priority Area 3 will involve the removal of 12 trees and pruning,
trimming and fertilization of approximately .188 trees.
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The motion was . voted on with the following result:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis @.d
McCandless
Voting Nay: None
Absent: None
CITY COUNOL l\III!EllNG~:
Consideration was given to the minutes of the following. City Council meetings:
(a) Workshop Session conducted on November 14, 1994
(b) Regular Session conducted onNovember 14, 1994
Council Member Fogler made several amendments to the minutes and asked the City
Secretary to make those corrections.
A motion was made by Council Member Rushirig,.. seconded by Council Member Fogler to l'
approve the minutes.ofthe meetings conducted on November 14, 1994 as amended. ..
The .motion was voted on with the following result:-
Voting Aye:
Voting Nay:
Absent:
Mayor Watson, cCouncil.. Members Rushing, .Fogler, Lewis and
McCandless
None
None
COUNOL a>MMENTS:
Council Member Rushing commended the City Manager, Police Chief and Fire Chief on their
resolution to the pay grade dispute. .
Co1Ulcil Member McCandless commented that he agreed with. Council Member Rushing.
Council Member Fogler commented that the Council was overlooking Council Member
McCandless' contribution to the parity issue. The impetus. for reorganization came from his
comments in the workshop.
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STAFFREPORf:
Mike Tanner, City Manager reported on the investment problems in Orange County and what
steps the Staff was taking to insure :financial security. for. the City.
ORDINANCE AMENDING ZONING ORDINANCE:
Consideration was given to the :first reading of Ordinance No. 1493.
Individual members of the Zoning and Planning Commission joined the Regular. Session of
the City Council at 9:40 P.m.
Mr. Dougherty stated that the Commission reviewed the comments made by the residents
during the public hearings. He .pointed out several findings and made recommendations, and
he delivered the Zoning & Planning Commission's final report to the City Council on the two
amendments to the Zoning Ordinance, including the revised form of the adopting ordinance.
Mayor Watson read the caption of Ordinance No. 1493 .. as follows:
AN QRDINANCE REIATINGTO ZONING AND. LAND USE; ADOPTING AND
READOPTINGTHE.ZONING.ORDINANCE.OP'IHE.CITY OF WEST UNIVERSITY
PIACE,lEXAS, IN REFORMATIED FORM, WIlli VARIOUS AMENDMENTS; AND
CONTAINING FINDINGS AND PROVISIONS RElATING TO mE SUBJECT.
Copies. of Ordinance No. 1493, in the form proposed for adoption, were available in the
Council Chambers.
A motion was made by Council Member Fogler, seconded.by Council Member Rushing to
approve Ordinance No. 1493 on the :first reading as submitted by the Zoning and Planning
Commission.
Council.Member Fogler stated that. she still wants the . Council to continue addressing other
amendments to the Zoning Ordinance like the set back issues. She urged the Council to
schedule a joint workshop with the . Commission to. discuss the proposals.
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City Council Regular Session, December 12, 1994
The motion was voted on with the followingresu1t:
Voting Aye:
Voting Nay:
Absent:
AD.DURNMENT:
Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
None
None
A motion was made by Council Member Lewis, seconded by Council Member Fogler to
adjourn the regular session
The regular session adjourned at 9:56 p.m.
KAYLYNN HOLLOWAY
CITY SECRETARY
BILL WATSON
MAYOR
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mY a>uNaLREGUIARSESSiON
.MONDAY, nE<:EMBm 19, 1994
MUNIOPAL BUllDING
3800 UNlVERSITY BOUIEV ARD
7:30 P.M
The City Council convened in Regular Session at 7:30 p.rn. in the Municipal Building (3800
University Boulevard) on Decembet 19, 1994, with the following members present: Mayor
Watson presiding, Council Members Rushing, Lewis- and McCandless. The City Manager,
City S~,Finance Director, Public Works Director, Police Chie~ Fire Chie~and Parks
and Recreation Director were also present Mayor Pro Tern Rushing delivered the invocation
and Mayor Watson led the Pledge ofAIlegiance.
LII~CDMMEN'IS:
Patrick Dugan, 3719 Rice Boulevard, commented on the proposed zoningamendments.- He
did not feel enough consideration had been given to Section 6,- "Affirmative Defense", and
Section 8, "Othet" law Provision". :Mr. Dugan stated that.these sections were new additions
to the Zoning Ordinance and not just reformulations .of what has. existed. He also felt. that
Sections 6 and 8 were unusual steps for any city to take in terms' of zoning. Mr. Dugan also
commented on the language conceming''highoutput fighting devices" in Section ~107.
CDMMUNIIY: BlmnINGREHABlflfATION:
Consideration was given to a report on Community Building rehabilitation presented by.Jolm
Stone of Mitchell Carlson and Associates, Inc.
Mr. Stone reported that he had met. with Council Member Lewis to review different colors for
the Community Building. A new color scheme will be presented to Council at the next .
meeting. Mr.. Stone stated that they nOl'Ill3lly1Iy to have as many of the. colors selected on an
interior project such as the Commlmity Building before the project is bid sothat the
contractors will know exactly what they. are bidding.on He reported that the project should
be ready for the bidding process after the first week in January.
ENGAGEMENT OFAROllIl!ClURAL FIRM:
Consideratiorlwas given to the engagement of Mitchell Carlson and Associates, Inc. for
Public Works Center improvement
Ed Menville, Public Works.Director, reported that part of the work that the Stafffeels is
n necessmyin West University Place is the upgrade of the Public Works complex. This work
, . I involves restoration of the existing facilities and construction of the administration building.
I Mr. Menville stated that the City Staff is recommending that Mitchell Carlson and Associates
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be authorized to prepare plans and specifications for these improvements. The architectural
and engineering services will be provided for a fee of $38,000.
Mr. Stone reported that he has had mechanical and structural engineers review the project.
The new facility that will house the Public Works Department and the Building Inspection
Department will be very cut and dry and there is plenty of room on the property. The largest
part of the work needed on the existing building will be the new dining room and the locker
areas for the men. Mr. Stone stated that they hoped to..create -a better environment.-for the
employees. At this time the employees do not have a place to have meetings {)f wooohops.
Mr. Stone stated that he felt th~ was a lot of potential for taking an area that has some
visual problems and bringing it up to, not only a better fimctioning fucility,.,but a nicer
looking facility for the City.
Council Member Rushing asked if the area Mr. Stone was discussing was only on the South
side of Milton Street.
Mr~ Menville reported that the work will be done on both sides of the street. The North side
of the street will be the Street Department, mechanic and Solid Waste Department : The
South side will be predomirumtlyWater and Wastewater treatment ,-- ,.-
Cotmcil Member Lewis commented that when the City · engages people to do work in the
City, the standard operating procedure is to take fonml bids. - She asked why there were no
other proposals submitted for this particular project.
Mr. Menville stated that, asa -general rule, the City does not take formal bids for professional
services. The City hires someone for their expertise in a particular area and who has a good
track record with West UniverSity Place. .
A motion was made by Council Member Rushing, seconded by Cotmcil Member McCandless
to engage Mitchell Carlson and Associates for the design of the Public Wotks Center.
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The motion was voted on with the following results:
Voting Aye: Mayor Watson, Council Members Rushing, Lewis and
McCandless
Voting Nay: None
Absent: Council Member Fogler
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City Council Regul3r Session, December 19~ 199~
REORGANI1AlION AND IVlI!;I]q{ RFADINQ
Consideration was given to reorganization, utility meter reading and related tasks.
- Chris Taylor, Finance Director, stated that.the Public Works Department and the Finance -
Department were jointly recommending.that the City Council approve the reorganization that
would move the 2- Meter Readers from the Public Works Division to the Finance Division
Currently, the Finance Department-is responsible for _utility 'billing which ,includes taking the
. raw data from the field. The Meter Readers who generate.this data.are reporting to the
Public Works Department which creates confusion Mr. Taylor stated that, within Finance, he
is recomniending that the Accounting Specialist be reclassed to a Utility BiUing Specialist and
that the Meter Readers report directly to her. This would allow for better day to day -
_ supervision
Mr. Taylor stated that the cost of the program would be paid out of the Finance budget
funded by.a transfer from the Utility fund Future and ongoing expenses would be funded by
the Utility fund, through transfers, as is. currently taking place for utility billing.
A motion was made by Council Member. McCandless, seconded by Council- MernberLewis to -.
approve the Meter Reader reorganization proposal as -recommended by the StafE
The motion was voted on with the following ,results:
Voting Aye:
Voting Nay:
Absent:
Mayor Wats()Il, Council Members Rushing, Lewis and
McCandless
None
Council Member Fogler
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Council Member Fogler arrived at 8:20 p.m.
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EMERGENCY PURCHASE.. OF ~G POOL PUMP:
Consideration was. given to the emergency purchase of a primary pump at the Colonial Park
Swimming Pool.
Mr. Mailes stated that the Staff was-recommending that the City Council declare an
emergency. and approve an expenditure of approximately $6,000 to Hancock Pool Services to
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replace the recirculating pwnp at Colonial Park pool. The function of the pwnp- is to
continually circulate, filter and heat the water while also allowing important chemicals to be
administered. If the pwnp is not operable, the pool water becomes stagnant and remains
chemically unbalanced.
A motion was made by Council Member Lewis, seconded by Comcil Member Rushing to
approve the expenditure of $6,000 for the replacement of the primmy pwnp at the Colonial
Park Swimming Pool. _::~_
The motion was voted on with the following results:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent - None
<DN'IINUAlION OF 1HE ZONING & PIANNING<DMMISSION AND ZONING
BOARD OF ADJUSlMENT: _ ,..
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Consideration was given to Resolution No. 94-25.
A RESOLUTION DESIGNATING NUMBERED POSmONSFOR 1HE ZDNING &
PIANNING COMMISSION AND TI:IE ZONING BOARD OF .ADJUSTMENT;
APPOINIING AND REAPPOINTING CURRENT MEMBERS TO SUCH POSmONS;
AND CONfAlNING FINDINGS AND PROVISIONS RElATING 10 1HE SUBJECf.
City Attorney, Jim Dougherty reported that Resolution No. 94-25 was contingent upon the
adoption of the proposed draft of the Zoning Ordinance. The Zoning & Planning
Commksion and the Zoning Board of Adjustment would be continued through the present
period. The rules for the ore~mimions would be coming out of the Charter and going in to
the Zoning Ordinance. Mr. Dougherty recommended that thenwnbered positions for each
member be changed to coincide with the numbering scheme in the Zoning Ordinance in order
to avoid any confusion. -
A motion was made by Comcil Member McCandless, seconded by Council Member Fogler
to approve Resolution No. 94-25 with the recommended numbering change.
The motion was voted on with the following results:
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City Council Regular Session, December 19, 1994
Voting Aye: Mayor Watson, CouncilMembersRushing,Fogler~ Lewis and
McCandless
Voting Nay: None
Absent: None
aIY aJUNOL lVI"li;lING~:
Consideration was given to the minutes of the following City Council meetings:
(a) - Special S~ion conducted on November 28, 1994
(b) Workshop Session conducted on December 5, 1994
(c) Regular Session conducted on December 5, 1994
A motion was madeby Council Member Rushing, seconded by Council Member Fogler to
accept the minutes of November 28 and December 5 as presented.
The motion was voted on with the following results:, :.:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
ORDINANCE AMENDING ZONING ORDINANCE:
Consideration was given to the second and final reading of Ordinance No. 1493.
Mayor Watson read the caption of Ordinance No. 1493 as follows:
AN ORDINANCE RELATING TO ZONING AND lAND USE; ADOPTING AND
REAOOPTING -1HE ZONING ORDINANCE OFlHE.CITY--OF WEST-UNlVERSITY-
PIACE, lEXAS, IN REFORMATIED FORM, WITH VARIOUS AMENDMENTS; AND
CONTAINlNG FINDINGS AND PROVISIONS REIATINGTO 1HE SUBJECT.
Copies ofOrdirumce No. 1493, in the form proposed for adoption, were available in the
Council Chambers.
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- A motion was made by Council Member McCandless, seconded by Council Member Fogler -
to adopt Ordinance No. 1493 on the second and final reading.
Council Member Rushing addressed some of the concerns expressed by Mr. Dugan regarding
the proposed Zoning Ordinance. He commented that there was nothing to preclude an
ordinance from being rewritten if citizens are truly uyured. He stated-that he did not share
Mr. Dugan's full concern that people will be abused by the inclusion of Section 6-101.
The City Council asked the City Attorney to comment on the writing of a Good Neighbor
Ordinance and its fimction.
Mr. Dougherty stated that he sees the basic issue as the concern expressed over whether City
fucilities will be regulated. The adoption of Section 6-101 does not mean the City would go
unregulated but that the Zoning Ordinance, in its full rigor, would not fall upon City
operations. Mr. Dougherty stated that there were more effective ways for the City to regulate
its own facilities.
Mr. Dougherty stated that the point of a Good Neighbor Ordinance would be to make it clear
that the City, does consider itself bound by regulations and does intend to be a.!'godd' _.,
neighbor". He recommended that, if the Council would like to consider this approach, then it
should be done by ordinance and in codified form.
Council Member Fogler:cOmm~ that the City already acts under Section 6-101. City
policy is not being changed but just being put in writing. She stated that she bas yet to hear
anyone say, except Mr. Dugan,1;hat they .arebeing abused. -
- Council Member McCandless commented on the,letter written by Mr. Dugan referring to - .
-cities such as University Parle and Highland Parle as being like West University Place.
Council Member McCandless stated that these cities are not like West University. West
University has a small amount of commercial property and is basically single-family
residences.
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Council Member Lewis commented that issues seem to end up being personal issues between
an individual or a few individuals and the City. She stated that she felt everyone shared one
goal which is the desire to do what is best for the community.
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City Council Regular Session, December 19, 1994
The motion was voted on with the following results:
Voting Aye: Mayor Watson, Council Members Rushing,.Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
A motion was made by Council Member Lewis, seconded by-Council Member Rushing to
direct the City Staff to draft a "Good Neighbor-Ordinance" and present_it at the-:first_meeting
in January, 1995. -
The motion was voted on with the following results:
Voting Aye: -Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
1994 BUDGEI'AMENDMENT:
Consideration was given to the first and final reading ofOrdinan~ No. 1494.
Mayor Watson read the caption of Ordinance No. 1494 as follows:
AN ORDINANCE AMENDING lHE-BUDGEf OF 1HE CITY OF WEST UNIVERSITY
PlACE, 1EXAS FOR TIlE FISCAL YEAR BEGINNING JANUARY 1, 1994;
CONfAININGFINDINGS-AND PROVISIONS REIATINGlO 1HESUBJECT; AND
DECIARING AN EMERGENCY. .
Copies of Ordinance No. 1494, - in the form proposed for adoption, were available in the
Council Chambers.
Mr. Taylor stated that the Staff was recommending the adoption of Ordinance No. 1494.
$285,000 will be appropriatedfor ballfield configuration and lights, $6,000- for emergency
pump replacement at the pool and $16,000 ,for emergency repairs at the treatment plants.
$4,000 is moved from Solid Waste to Public Works to cover computer equipment purchased
for the computer network.
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A motion was made by Council Member Fogler, seconded by Council Member McCandless
to adopt Ordinance No. 1494 on the :first and final reading.
Council-Member Rushing commented that some of the expenditures in the amendment should
be approved but not the field reconfiguration '
The motion was voted on with the following results:
Voting Aye: Mayor Watson, Council Members Fogler and
- McCandless
Voting Nay: Council Members Rushing and Lewis
Absent: None
Ordinance No. 1494 is adopted on the :first and final reading.
axJNC1T, a>MMENTS:
Council Member Fogler commented that she bad spoken \\lith Laura 'BeckWorthab<5iIt .her- -,.. .,~-.
signature on the petition submitted ,by Mr. Dugan. Ms. Beckwort:4 asked Council Member
Fogler to announce in the meeting that she rescinds hersignatureoiithe petition and tQat she
- Was offended that -her name was singled-out to be included in Mr. Dugmts cover letter to the
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Council Member McCandless commented that the preamble to the:p;ntion did hot explain _->" .,~~
anything about what the Council was tIying to do willi the zoning amendments.
PURaJASE OF REAL ESTA1E:
The City Council considered matters relating to the acquisition of real estate located at 3826
and 3836 Amherst Street
Qosed Executive Session to be held under Section 551.072, Texas Government Code.
The City Council convened in Closed Executive Session at 9:15 p.m. The Executive Session
concluded at 9:28 p.m and 1he City Council reconvened in open session
A motion was made by Council Member Rushing, seconded by Council Member Lewis to
approve the purchase of the property at 3826 Amherst.
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The motion was voted on with the following results:
Voting Aye: Mayor Watson, Council Members Rushing, Fogler, Lewis and
McCandless
Voting Nay: None
Absent: None
ADJOURNMENT:
A motion was made by Council Member Lewis, seconded by Council Mem:ber Rushing to
adjourn the regular session
The regular session adjourned at 9:29 p.m.
KAYL YNN HOLLOWAY
CI TY SECRETARY
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BILL WATSON
MAYOR