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Home My WebLink Aboutminutes_1988 CITY COUNCIL WORKSHOP SESSION THURSDAY, JANUARY 7, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, January 7, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Britton and Schwartzel. Councilmember Bell was absent. Also present were the City Manager, City Secretary, Director of Administration and the Director of Operations. HEARING OF RESIDENTS: There were none present who wished to speak. DISCUSS STREET LIGHTING CHARGE: Discussion was postponed until the next workshop session. INTERVIEW FINANCIAL ADVISORS: Interviews were held with representatives from the following firms: Masterson & Company Moroney & Beissner First Southwest Company Greer Moreland Fosdick Shepherd, Inc. No action was required of Council at this time. COUNCIL COMMENTS: Various reports were discussed. No action was required of Council. STAFF REPORT: The City Manager distributed copies of the January 11, 1988 agenda for Council IS review. ADJOURNMENT: There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 10:50 p.m, 1 ~ I City Council Workshop Session, January 7, 1988 REGULAR CITY COUNCIL MEETING JANUARY 11, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, January 11, 1988, with the following members present: Mayor Parks, pres idi ng; Council members Bryan, Be 11 , Britton and Schwartze 1. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and Chief of Police. Councilmember Bryan delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. Robin Rabinowitz, renting 6518 Community Drive, stated to City Council she had sewage backup in her bathroom when we experienced heavy rains. She tried to fix it but was told the the problem was with the city1s lines. City Manager, Mr. Rockenbaugh, explained that area of the city was in priority area 6 and was at least two years away from being rehabilitated. Ms. Rabinowitz is on an 6 inch line which is probably in bad shape with a lot of infiltration. The Superintendent of Utilities is going to dig that line up to determine if there is any problem of which we are not aware. An interim plan is being studied to grant relief to Mr. Rabinowitz and should be accomplished in two to three weeks. Mayor Parks thanked Ms. Rabi nowitz for comi ng forward with her problem and asked for a report from staff as the interim plan progresses. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by Counei lmember Schwartzel, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: Hi! Regular City Council Meeting, January 11, 1988 MOTOR VEHICLE PARKING: Consideration was given the second reading of Ordinance Number 1307. Mayor Parks read the caption. as follows: ORDINANCE NUMBER 1307 AN ORDINANCE RELATING TO PARKING OF VEHICLES IN CERTAIN AREAS UPON PRIVATE AND PUBLIC PROPERTY; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1307, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Britton. that Ordi nance be adopted on second and fi na 1 readi ng as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton Councilmember Schwartzel None RICE BLVD. BRIDGE REPLACEMENT PRO,JECT: Consideration was given to Resolution Number 88-01 authorizing the Mayor to enter into a Cons truct i on and Ma i ntenance Agreement with the State Department of Highways and Public Transportation for the replacement of the bridge located at Rice Blvd. and Poor Farm Ditch. The Resolution was presented and read as follows: RESOLUTION NUMBER 88-01 A RESOLUTION AUTHORIZING THE CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE REPLACEMENT OF THE BRIDGE LOCATED AT RICE BOULEVARD AT NO NAME DITCH AND CONTAINING RELATED PROVISIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Secti on 1. That the City Council hereby approves and authori zes the Cons truct i on and Ma i ntenance Agreement with the State Department of Highways and Publ ic Transportati on for the repl acement of the bri dge located at Rice Boulevard at No Name Ditch (F54137001). Section 2. That the form of said Agreement is shown as Exhibit "BIl which is attached hereto and incorporated herein by this Reference. Regular City Council Meeting, January 11, 1988 1 .. , ~. . _. v.j Section 3. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 5. The City Council officially finds, detennines and declares that a sufficient written notice of the date. hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law. TEX. REV. CIV. STAT. ANN. art. 6252-17. as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confinns such notices and the contents and posting thereof. PASSED AND APPROVED this the January , 1988. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: lith day of Michael L. Parks, Mayor ATTEST: Audrey Nichols as to Fonn: City Secretary Approved (SEAL) James L. Dougherty. Jr. City Attorney The City Attorney advised he was not pleased with the indemnification clause of the Agreement. Mr. Rockenbaugh stated staff had requested another form of the Agreement from the State '"I r '~T7 I . :~.: nllr . fill.. , I Regular City Council Meeting, January 11, 1988 Highway Department which might exclude the indemnification clause. However, there was no response at this time. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council adopt Resolution Number 88-01 authorizing the Mayor's signature on the agreement and provided that there would be no need to return to City Council in the event the indemnity clause is improved. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None SALE OF CITY EOUIPMENT: Consideration was given to authorize advertising for bids for the sale of certain police departme~t property. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that City Council authorize the Police Department to advertise for bids for the sale of four machine guns and ammunition. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None AUTHORIZATION TO ADVERTISE FOR BIDS: Consideration was given to authorize advertising for bids for the following: (a) Purchase of a new twenty cubic yard garbage truck for the Solid Waste Division; (b) Purchase of a new hydraulic vacuum truck for the Water/Sewer Division; (c) Purchase of a new six inch diesel water pump for the Water Division; (d) Construction of additional office space for the Operations Plant, Water Division, 3825 Milton Street. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that City Council authorize advertising for bids for the items as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Regular City Council Meeting, January 11, 1988 ELECTRIC STARTER FOR WATER WELL #9: Consideration was given to the invoices in the amount of $10,397.00 submitted by Sones Electric Company for installation of the electric starter for Water Well #9. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel. that the invoices submitted by Sones Electric Company be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $3,317.61 submitted for legal services provided on the City's behalf for the month of December 1987. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the invoice in the amount of $3,317.61 for legal services for the month of December 1987 be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None 1983 BOND PAYMENT: Consideration was given to the invoice in the amount of $273,762.50 submitted by First City National Bank of Houston for principal and interest due on the 1983 bond issue. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the invoice submitted by First City National Bank of Houston be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None COUNCIL COMMENTS: Members of City Council had nothing further for consideration. STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for Council to consider at this time. CITY COUNCIL MEETING MINUTES: Minutes of the regular City Council meeting on December 28, 1987 were presented for consideration. Motion was made by Councilmember Bryan~ seconded by Councilmember Schwartzel, that the minutes of the regular City Council meeting on December 28, 1987, be approved as submitted. ! I J ,) Regular City Council Meeting, January 11, 1988 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell. Britton, Schwartzel None None ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Britton, that the meeting adjourn. Such motion carried and the meeting adjourned at 7:58 P.M. Mayor CITY COUNCIL WORKSHOP SESSION MONDAY, JANUARY II, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 8:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, January 11, 1988, with the following members present: Mayor Park~l, presidt.!}9; Councilmembers Bryan, Bell, Britton and Schwartzel. Also~pre~~nt w~re the City Manager, City Secretary, City Attorney, Di ~ed0.y..''b'f-Ac~clffilts,ttati on and the Di rector of Operati ons. HEARING OF RESIDENTS: There were none present who wished to speak. APPOINT COMMUNICATIONS COMMITTEE CHAIRMAN: Vickie Hamley was appointed Chairman of the Communications Committee. She reviewed the goals and objectives of the committee with City Council. DISCUSS BEAUTIFICATION AND PARK MATTERS WITH MEMBERS OF THE PARKS BOARD: Russ Schulze, Chairman of the Parks and Recreation Committee, and Michael Connelley, Chairman of the Beautification Sub-Committee, reported on their projects for the city. DISCUSS STREET LIGHTING CHARGE: City Attorney, James L. Dougherty, Jr., discussed the street lighting charge with City Council. It was agreed to continue with the charge. DISCUSS SELECTION OF FINANCIAL ADVISOR: Donna Sims gave her recommendation for selection of financial advisor. General discussion was held. City Council agreed to place this item on the agenda for workshop on January 21 and the regular meeting on January 25, 1988. COUNCIL COMMENTS: Councilmember Bryan asked for a report on recycling and encouraged promotion through the local newspapers. Councilmember Bryan asked for the status of house moving regulations to be printed for the next issue of City Currents. Staff advised the information was in draft form and would be ready for the next issue of City Currents. ~ City Council Workshop Session, January 11, 1988 STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for Council's consideration at this time. ADJOURNMENT: With no further business to come before City Council, Mayor Parks declared the workshop session adjourned at 9:45 p.m. CITY COUNCIL WORKSHOP SESSION THURSDAY, JANUARY 14,1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, January 14, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and SSflwartzel. The City Manager was also present. HEARING OF RESIDENTS: There were none present who wished to speak. Closed Executive Session: Mayor Parks recessed the workshop session to go into a closed executive session as authorized by the Open Meetings Act, TEX. CIV. STAT. ANN., as amended, Article 6252 17, Section 2(g): City Manager review. Reconvene in Open Session: At the conclusion of the closed executive session, Mayor Parks reconvened the workshop session in open meeting. Adjournment: With no further business to come before City Council, Mayor Parks declared the workshop session adjourned. 12uh~ arM, Audrey Ni 015 City Secretary UI }-' Ie REGULAR CITY COUNCIL MEETING JANUARY 25, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, January 25, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Mayor Parks delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Jane and Roy Hier, 3402 Robinhood, addressed Council concerning a building permit difficulty. They are remodeling their garage. Before beginning the project, they talked with the Inspection Division to determine all plans and permitting procedures were followed properly. However, at this time, the Hiers were told by the Inspection Division that their remodeling was not in compliance with the building code. The Hiers will appeal to the Zoning Board of Adjustment. Mayor Parks thanked Mr. and Mrs. Hier for coming to Council and assured them the city would work with them every way possible. Bill Clowe, 3323 Nottingham, expressed his appreciation for the excellent service Wayne Perry provided the city as Chief Building Inspector. Councilmember Schwartzel asked that the guidelines governing remodeling and the applicable regulations be written up for Council1s review. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited resldents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the consent agenda be approved in accordance with staff recommendation. Regular City Council Meeting, January 25, 1988 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None PROCLAMATION: Mayor Parks presented and read a proclamation designating the Month of February as American History Month in the City of West University Place. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the proclamation be approved as read. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None FINANCIAL ADVISORS: Consideration was given to the selection of financial advisors for future bond issues. Because his firm does business with the firm interviewed, Councilmember Schwartzel excused himself from all discussion and left the Council Chamber. Firms considered were: Masterson & Company Moroney & Beissner First Southwest Company Greer Moreland Fosdick Shepherd, Inc. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that City Council accept staff1s recommendation and select Greer Moreland Fosdick Shepherd, Inc., to serve as the city's financial advisors for future bond issues. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel Councilmember Schwartzel returned to Council Chamber. PURCHASE OF JANITORIAL SUPPLIES: recommendation for award of supplies. Bids received on follows: Consideration was given to the the purchase contract for janitorial January 20,1988, 10:00 a.m., were as I. I l' '. - . Regular City Council Meeting, January 25, 1988 Bidder Brawner Paper Company, Inc. 5702 Armour Drive Houston Texas 77020 Allstates Chemical Corporation P. O. Box 619 Katy, Texas 77491 ATCO 10623 Tower Oaks Blvd. Houston, Texas 77070 Service Chemical & Supply Co. 435 B-1 AM 1093 #403 Stafford, Texas 77477-5415 Basic Products 2606 Airline Houston, Texas 77009 Apo 11 0 Paper Company P.O. Box 7457 Houston, Texas 77248-7457 Kemco Chemi ca 1 Company 313 Lilac St. Houston, Texas 77009 Refurbishing System Service, Inc. 4311 Town Plaza Dr., Suite 4 Houston, Texas 77045 UncOlllDon Labs 5639 Perry Houston, Texas 77007 After review of the bids, staff recommended to award the contract to the low Bidder, Apollo Paper Company. Of the thirty-two items listed for bid purposes, Apollo Paper Company was low bidder on nineteen items including eight of the ten most used articles. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council accept staff's recommendation and award the contract for purchase of janitorial supplies to Apollo Company. Voting Aye: Voting No: Voting Aye: M~or Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Regular City Council Meeting, January 25, 1988 WATER PRIORITY AREA NO.2: Consideration was given to items submitted by Ella Contracting Inc., as follows: (a) Monthly Estimate No.8 in the amount of $17,551.32 for work performed on the water line replacement project in Monticello Addition and Rice Court Subdivisions; (b) Extension of Time No.4 for five rain days and 2 holidays in November 1987; (c) Extension of Time No.5 for eleven rain days and 2 holidays in December 1987. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council approve Monthly Estimate No.8 for payment and approve Extensions of Time No.4 and No.5. Voting Aye: Voting No: Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None REPAIRS AND PAINTING OF GROUND WATER STORAGE TANKS: Consideration was given to the invoice in the amount of $4,700.00 submitted by Don S. Reichle & Associates for engineering services in connection with Phase I and Phase II work for repairs and painting of the two ground storage water tanks. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice in the amount of $4,700.00 submitted by Don S. Reichle & Associates be approved for payment. Voting Aye: Voting No: Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None 1987 TAX REFUND: Consideration was given to authorizing a tax refund for overpayment of 1987 taxes. Motion was made by Councilmember Bryan, seconded by Councilmember Bell. that City Council approve for refund the amount of $684.00 for duplicate payment of 1987 taxes on 6315 Westchester. Voting Aye: Voting No: Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None STREET DEPARTMENT GARAGE FACILITY: Consideration was given to authorize advertising for bids for the construction contract for structural reinforcement of the Street Department Garage Facility. 1 ' Regular City Council Meeting, January 25, 1988 Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council authorize advertising for bids for structural reinforcement of the garage facility. Voting Aye: Voting No: Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None RICE BLVD. BRIDGE REPLACEMENT PROJECT: Consideration was given to authorizing payment of $22,100 to the State Department of Highways and Public Transportation in accordance with the agreement for replacement of the Rice Blvd. bridge. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the expenditure of $22,100 to the State Department of Highways and Public Transportation be authorized. Voting Aye: Voting No: Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ENGINEERING SERVICES FOR UTILITY RELATED PROJECT: Consideration was given to the invoices totaling $14,167.61 submitted by Langford Engineering, Inc.. for utility related projects. as follows: (a) Invoice 5314 in the amount of $836.95 for water line replacement Priority Area No.2, Rice Court and Monticello Subdivision; (b) Invoice 5315 in the amount of $4.710.87 for Phase 2, Priority Area No. I, Sanitary Sewer, West University First Subdivision; (c) Invoice 5316 in the amount of $335.55 for water line replacement, Priority Area No.7, College Court Subdivision; (d) Invoice 5317 in the amount of $6,571.18 for Phase 3. Priority Area No. I, Sanitary Sewer, West University First Subdivision; (e) Invoice 5318 in the amount of $713.06 for improvements to Wastewater Treatment Plant Sludge Thickener and Digester. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoices submitted by Langford Engineering, Inc., be approved for payment as listed. Regular City Council Meeting, January 25, 1988 Voting No: Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting Aye: COUNCIL COMMENTS: Councilmember Bell thanked the Mayor for Saturday1s visit to the USS San Jacinto and for the Houston-Tenneco Marathon Sunday breakfast. Councilmember Bryan congratulated City Attorney, James L. Dougherty, Jr., and Mrs. Dougherty on the birth of their daughter, Caroline Kendall, Monday, January 18, 1988. Mayor Parks requested that discussion of the Inspection Division personnel be on the agenda for the next workshop meeting. STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for Council IS consideration at this time. CITY COUNCIL MEETING MINUTES: Minutes of the City Council meetings were presented, as follows: (a) Workshop Meeting, January 7, 1988 (b) Regular City Council Meeting, January 11, 1988 (c) Workshop Meeting, January 11, 1988 (d) Workshop Meeting, January 14, 1988 Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the minutes be approved as submitted. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Voting Aye: ADJOURNMENT: There being no further business to come before City Council at this time, motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that the meeting adjourn. Such motion carried and the meeting adjourned at 7:56 p.m. Audrey Nichols City Secretary CITY COUNCIL WORKSHOP SESSION MONDAY, JANUARY 25, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 8:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, January 25, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, Director of Administration, Director of Operations and the Chief of Police. Hearing of Residents: There were none present who wished to speak. Discussion with Cable TV Sub Committee representative relative to a cable survey: Bob Graham discussed a proposed survey to be printed in February's issue of the "City Currentsll. City Council made several suggestions and approved the survey for publication. Discuss and consider Water Rate Study report: Mr. La rry Shaw, overview of the were discussed. time. from Peat Marwick Main & Co.. gave Council an report. Recommendations and suggested policies No action was required of City Council at this Discuss and consider Police Department Action Plan: Chief of Police, Stephen M. Griffith. reported on the goals and objectives and plan of action for the Police Department. Chief Griffith outlined the steps to accomplish the goals in the report. Discuss list of Council priorities and future agenda items for 1988: Each member of Council listed items they wished to address during the year. Mayor Parks recommended that the list be prioritized at the next workshop session on February 4. 1988. Council Comments: No member of Council had anything further for discussion. City Council Workshop Meeting, January 25, 1988 Staff Report: City Manager, Mr. Rockenbaugh, had nothing more for Council IS consideration at this time. Adjournment: With no further business to come before Council, Mayor Parks declared the workshop session adjourned at 10:05 p.m. ~~~J~ Au rey c 01s City Secretary HI 1! CITY COUNCIL WORKSHOP SESSION THURSDAY, FEBRUARY 4, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, February 4, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan and Bell. Councilmembers Britton and Schwartzel were absent. Also present were the City Manager, City Secretary, Director of Administration and the Director of Operations. Hearing of Residents: There were none present who wished to speak. Joanne Mitchell rescheduled the first two agenda items for a workshop session on February 18th. Bill Hughes, Chairman of the Long Range Planning Committee, postponed his report to another time. City Council briefly discussed the List of Council Priorities and Councilmember Schwartzel IS project priorities was distributed. Mayor Parks recommended the items be categorized for the workshop session on February 18th. Discussion of the Pay Plan was delayed until a full Council was present. Council Comments: Various reports were discussed with the City Manager. No action was taken by City Council. Staff Report: City Manager, Mr. Rockenbaugh~ distributed a draft of the agenda for Monday's regular meeting. With no further business to come before City Council. Mayor Parks declared the workshop session adjourned at 8:20 p.m. REGULAR CITY COUNCIL MEETING FEBRUARY 8, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, February 8, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bell. and Schwartzel. Councilmembers Bryan and Britton were absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Councilmember Schwartzel delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Roger Lambourn, 3829 Oberlin, addressed Council concerning a basketball goal erected by the neighbors on his block of Oberlin. The basketball goal was placed in the street right-of-way. Before the basketball goal was erected, Mr. Lambourn and others received approval from all surrounding neighbors. When he called the city to get a permit for the goal, he was informed the city did not permit obstacles of any kind in a street right-of-way, and further, notified him the goal had to be removed. Mr. Lambourn presented a petition from all those in his area requesting an exception to the city's regulations in order they would be able to use this property for public good. The petition requested City Council grant this special permission. Mayor Parks explained placing a basketball goal in a street right-of-way placed an excessive burden on the city's liability. The only way it might be accomplished would be for the street to be closed off and curbed across the street. From appearances this plan would limit access to the last driveway on the street. However, if the street is no longer a street, and properly fenced and protected to become a pocket park, then the City might be able to allow the basketball goal to remain. Councilmember Schwartze1 stated that once you make a special case out of one request you have more difficulty taking other goals down that are not in compliance with city regulations. iJ Mr. Lambourn asked if he could provide liability insurance adequate to cover the city's risk, would they be able to keep the goal. Mayor Parks suggested that by the next meeting, city staff will have evaluated how much liability insurance the city will need and I Regular City Council Meeting, February 8, 1988 would notify Mr. Lambourn. However, the basketball goal would have to be taken out of play by taking the backboard off. Elizabeth Kehey, 3020 Carnegie, addressed City Council concerning construction around her house. The contractors have damaged her fence, a tree and her yard. They put up scaffolding across two-thirds of her yard. Mayor Parks referred the matter to the City Manager to develop appropriate remedial procedures and thanked Ms. Kehey for coming. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Schwartzel None Councilmembers Bryan, Britton NATIONAL FLOOD INSURANCE PROGRAM: Consideration was given to the first reading of Ordinance Number 1311. Mayor Parks presented the ordinance and read the caption as follows: ORDINANCE NUMBER 1311 AN ORDINANCE RELATING TO FLOOD HAZARD AREAS; PRESCRIBING RULES AND REGULATIONS FOR SUCH AREAS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1311, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Ordinance Number 1311 be accepted on first reading as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell. Schwartzel None Councilmembers Bryan, Britton Regular City Council Meeting, February 8, 1988 FEE SCHEDULE: Consideration was given to the first and final reading of Ordlnance Number 1312. Mayor Parks presented the ordinance and read the caption as follows: ORDINANCE NUMBER 1312 AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; AMENDING ORDINANCE NUMBER 1279 ADOPTED FEBRUARY 23, 1987; CONTAINING A PROVISION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1312, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that Ordinance be adopted as presented on first and final reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Schwartzel None Councilmembers Bryan, Britton HARRIS-GALVESTON AREA COUNCIL 1988 INTERLOCAL AGREEMENT: Consideration was given to authorizing the Clty'S participation in an interlocal agreement to purchase general items through the H-GAC cooperative purchasing program. Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that the Mayor be authorized to sign the interlocal agreement with Houston-Galveston Area Council. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Schwartzel None Councilmembers Bryan, Britton WATER PRIORITY AREA NO.7: Consideration was given to Monthly Estimate No.1 in the amount of $10,333.80 submitted by Bearden Contracting Company for work performed through January 27, 1988, on the water line replacement project in College Court Addition. Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that Monthly Estimate No. 1 submitted by Bearden Contracting Company be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Schwartzel None Councilmembers Bryan, Britton - ! , Regular City Council Meeting, February 8, 1988 LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,294.55 submitted for legal services provided on the city's behalf for the month of January 1988. Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that the invoice in the amount of $10,333.80 be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Schwartzel None Councilmembers Bryan, Britton AUTHORIZATION TO ADVERTISE FOR BIDS: Consideratior was given to authorize advertising for bids for the following: a. Recoat and restripe the tennis court area's at Judson Park and Whitt Johnson Park; b. Roof replacement over the Fire Department at City Hall; c. Cleaning and T.V. work of storm drain line in the 3200-3600 blocks of Rice Blvd. Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that City Council authorize advertising for bids for the projects as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Schwartzel None Councilmembers Bryan, Britton COUNCIL COMMENTS: Councilmember Schwartzel thanked the Beautification Committee for replanting the flower beds in front of City Hall. STAFF REPORT: City Manager, Mr. Rockenbaugh, acknowledged the Chief of Police. Chief Griffith introduced two new police officers: Keith Majors and Pete Johnson. Mayor Parks welcomed them to the city. eITY COUNCIL MEETING MINUTES. Consideration was given to the minutes of the following meetings: (a) Regular City Council Meeting, January 25, 1988 (b) Workshop Meeting, January 25, 1988 (c) Workshop Meeting, February 4, 1988 Regular City Council Meeting, February 8, 1988 Councilmember Schwartzel offered the following correction to the regular meeting on January 25, 1988: On page 2, under FINANCIAL ADVISORS, change firm to firms so that the paragraph reads: Because his firm does busTneS$ with the firms interviewed, Councilmembers Schwartzel excused himselr-rrDm all discussion and left the Council Chamber. Motion was then made by Councilmember Schwartzel, seconded by Councilmember Bell, that the minutes be approved as corrected. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Schwartzel None Councilmembers Bryan, Britton ADJOURNMENT: With no further business to come before Council at this tlme, motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that the meeting adjourn. Such motion carried and the meeting adjourned at 8:05 p.m. CITY COUNCIL WORKSHOP SESSION MONDAY, FEBRUARY 8,1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 8:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, February 8, 1988, with the following members present: Mayor Parks, presiding; Coun~ilmembers Bell and Schwartzel. Councilmembers Bryan and Britton were absent. Also present were the City Manager, City Secretary, Director of Administration and the Director of Operations. Hearing of Residents: There were none present who wished to speak. Bill Hughes, Chairman of Long Range Planning Committee, gave a status report from the Cable TV Subcommittee, the Land Use Subcommittee and the Subsidence Subcommittee. Mr. Hughes discussed the charge to the Finance Subcommittee to determine the appropriate areas to pursue. Mr. Hughes announced his resignation as chairman. He is moving out of the city. Mark Spradling and Russ Schulze discussed proposed land acquisition and alternative methods of funding. Some of the methods suggested were: (1) (2) (3) (4 ) ( 5) (6) (7) Negotiate good terms with the seller Seller financing over long period of time with balloon payment at the end City-wide donations and fund raising Bond Issue Soliciting funds generally using a "check offll box on utility bi 11 s Actual assessment for park acquisition State and federal grants (with matching funds). No action was required of City Council. Dieter Ufer, City Consulting Engineer, distributed a feasibility study for the automation of the Wakeforest Water Plant. General discussion was held concerning the necessity for the improvements and funding. No action was taken by City Council. Discussion of the Pay Plan was postponed until such time as a full Council could be present. City Council Workshop, February 8, 1988 Council Comments: Mayor Parks requested information concerning the new-commers brochures currently being prepared. Staff Report: City Manager, Richard Rockenbaugh, had nothing further for Council IS consideration at this time. With no further business to come before City Council, Mayor Parks declared the workshop session adjourned at 10:50 p.m. a~f&/Jf~ Audrey ols City Secretary J : ~ CITY COUNCIL WORKSHOP SESSION THURSDAY, FEBRUARY 18. 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, February 18, 1988, with the following members present: Mayor Pro Tem Bryan, presiding; Councilmembers Britton and Schwartzel. Mayor Parks came in at 7:10 p.m. Councilmember Bell was absent. Also present were the City Manager, City Secretary, Director of Administration and the Director of Operations. Hearing of Residents: There were none present who wished to speak. Anne Patterson, Principal of West University Elementary School, and Kay Stripling, representative from Houston Independent School District, discussed the crowded conditions at the school. Based on the number of students currently enrolled, the school is out of compliance with state standards by 5 class rooms. HISD proposes to build 4 additional buildings on the school site. The PTA has offered to landscape. Ms. Patterson requested Council IS general opinion as to their approval of the plans. It was the general consensus of City Council that if the building plans meet building code standards, Houston Independent School District should be able to proceed with the permitting process. Joanne Mitchell cancelled her visit to the workshop. Jeff Blankenship requested Council IS permission to place lighted batting cages on the elementary school property parallel to the fence along Rice Blvd. Mr. Blankenship talked to the residents on Rice Blvd. adjacent to the school who indicated they had no problem with the lighted batting cages that close to their home. However, Mr. Blankenship would get the neighbors consent in writing before proceeding with the batting cages. Richard Rockenbaugh advised Council that the city would be required to pay the electricity, but, this agreement would be limited to girls softball. The charge per month would be nominal. However, it might be necessary to make alteratio~s to the electrical boxes and he recommended the expense for the alterations be determined before the work begins. Peter Taaffe discussed placing batting cages for the Little League north of the cage closest to Auden. They would be placed partially on the city's lease with HISD. In both cases, City Council expressed no objections to the projects as proposed, so long as written consent from neighbors was accomplished and cost figures were determined before proceeding with the girls softball cages. City Council Workshop Session. February 18. 1988 1 ... ~ ; _01 " , The amended ~ plan was discussed. Donna Sims presented the amended pay plan and discussed the process to upgrade the city's pay schedule. City Council agreed to place this item on the regular agenda for Monday. February 22. 1988. City Council discussed the list of priorities. Richard Rockenbaugh advised Council that the Inspection Division and Code Enforcement items were progressing. Among other priorities discussed. City Council asked for the development of a ten to twenty year plan for capital improvements. Phase 1 of the plan would outline what the city needs to maintain city services as they are and to anticipate future needs to avoid emergency repairs and/or restorations. Phase 2 would outline additional services or features. Other priorities discussed were: (a) adding a "check-off" box to the water bill for donations to park development. It was decided to first detenline the legal implications. to visually inspect a draft of the proposed water bill and detenline the political impact of the project through "City Currents"i (b) establish a five year plan for park development working through the Parks Board and the Director of Operationsi (c) consider communicating with residents concerning proposed mandatory recyclingi (d) communicate through .City Currents. the intention to change the name of Buffalo Speedway to receive resident feed-backi (e) get a progress report from the Historical sub-committee to detenline the completion date of this projecti (f) to work with the Traffic Committee on the Academy/Bissonnet intersectioni (g) develop calendar of events leading to the bond electioni (h) work with the Beautification Committee to begin planning in June for next year's planting. Council comments: various reports were discussed. Staff report: City Manager. Richard Rockenbaugh. distributed the draft of the agenda for Council's review. There being no further business for City Council at this time. Mayor Parks declared the workshop session adjourned at 9:20 p.m. r .. . . .... ....n 'r;::r:', " li;:T_ 'r.:W._l II 1 " City Council ~Jorkshop Session, February 18, 1988 a.d~ ~M Audrey N~OlS City Secretary '. , 1.aH REGULAR CITY COUNCIL MEETING FEBRUARY 22, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. .... City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, February 22, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Britton and Schwartzel. Councilmember Bell was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Mayor Parks delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Mr. Robert Able, Jr., 3521 Plumb, owns Able Realty Company in partnership with his wife. His concern was with the interpretation of the West University Place Standard Housing Code adopted by Ordinance No. 1010, November 26, 1973. This code established minimum standards governing the use, occupancy and maintenance of dwellings and established minimum standards governing the condition and maintenance of such dwellings. This ordinance applies to the older houses and not new construction. The Southern Standard Building Code applies to new construction. Mr. Able felt there was an inconsistency in the application of the code by the building inspector to the house at 2802 Plumb which Mr. Able was trying to sell. This house is 40 years old. The building inspector's ruling in the case of this house was that there was a requirement for another electrical outlet in the kitchen. To add another outlet in the kitchen would require additional service to the main electrical box. Mr. Able considered this a hardship and not in keeping with Ordinance Number 1010. Mrs. Able felt that there were inconsistencies in the application of the housing code from house to house. Mayor Parks thanked Mr. and Mrs. Able for coming and advised them that City Council would need time to determine whether there were inconsistencies in the application of the code requirements. Ruth Stodghill, 4253 Albans, complained to City Council concerning her water bill. Her water bill had continually increased to the excessive amount of 240,000 gallons of water used in one month. Ms. Stodghill did not think she could afford to t :11 ~i"l ':.:TIII ;:..-., 1._1II& :i II!! I .~~. . - a.; 1 ~ 0 Regular City Council Meeting, February 22, 1988 . , pay the water bill. She also felt that the water line work in progress in front of her house might have caused her bill to be so hi gh . City Manager, Richard Rockenbaugh, advised Council that Ms. Stodghill had met with everyone on the staff level including himself. Ms. Stodghill stated she would not p~ the bill and our discussion ended at an empasse. The city's only method of charging for water is by what flows through the meter. City staff did pull the meter and it is registering at a lower level than accurate. The water line work in progress in the front of her house is on the city's side of the meter and can not affect Ms. Stodhill's bill. For three months the water usage climbed. City staff knows that from time to time that there are leaks that go undetected. The meter has been tested and the water has passed through the meter. By letter on February 10th, the City offered a partial credit for sewer charges of $217.00 and offered to credit any late charges that may have been assessed. After polling Council's feelings on the matter, M~or Parks advised Ms. Stodghill that he did not feel there was much support for doing more than what the city had already done. However, the Mayor offered to place the water bill concern on a future agenda for an official vote from the City Council. Mr. C. H. Hotalen, 3809 Sunset Blvd., addressed City Council with the problem of his accessory building which extends over the rear set back line on his property. It is approximately twenty inches from the property line. The Building Inspector notified Mr. Hotalen the accessory building would have to be moved. Mr. Hotalen was asking Council for relief. He was given notice to move the builidng within 14 d~s. He requested an extension of time. Mr. Hotalen stated he observed other accessory building violations. Mr. Rockenbaugh advised. City Council there were a number of these types of situations that have existed for years. However, the Building Inspector's letter is just a w~ of dealing with the issue in case it goes to municipal court. Mr. Rockenbaugh assured Council that he would be glad to look into the issue and report back. Mr. Cooper, Director of Operations, advised the City Manager that the Building Inspector sent Mr. Hotalen a notice some time ago. The Building Inspector had been called to Mr. Hotalen's on several violations which must be handled by the court. Mr. Hotalen was to come back with a time frame for remedying each violation. Mayor Parks encouraged Mr. Hotalen to work with the Director of Operations on the extension of time to remedy the violations. Regular City Council Meeting, February 22, 1988 INTRODUCTION OF NEW PERSONNEL: Mayor Parks recognized the Director of Administratlon, Donna Sims, who introduced two new members of the Finance Department staff: Betsy Nance, Personnel/Purchasing Manager and Marla Mahlman, Junior Accountant. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a speclflc agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Bryan moved that Item No. I: KtVl~tU CUMPtN~ATION PLAN be tabled until the next workshop session. CounCl Imember ~rltton seconded the motion which carried by the following vote: Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Councilmember Bell. CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that with the exception of Item 7, the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Councilmember Bell NATIONAL FLOOD INSURANCE PROGRAM: Consideration was given to the second reading of Ordinance Number 1311. Mayor Parks read the caption as follows: ORDINANCE NUMBER 1311 AN ORDINANCE RELATING TO FLOOD HAZARD AREAS; PRESCRIBING RULES AND REGULATIONS FOR SUCH AREAS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1311, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Ordinance Number 1311 be adopted on second and final reading as presented. j Regular City Council Meeting, February 22, 1988 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Ccuncilmember Bell PROCLAMATION: Mayor presented and read a proclamation designating March 6 - 12, 1988 as Sexual Assault Awareness Week. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that the proclamation be approved as read. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Councilmember Bell WATER RATE STUDY: Consideration was given to the invoice in the amount of $1,000.00 submitted by Peat Marwick Main & Co., for payment due in connection with the Water Rate Study. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel. that the invoice in the amount of $1,000.00 submitted by Peat Marwick Main & Co., be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Councilmember Bell TAX REFUNDS: Consideration was given to the request for tax refunds. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel. that City Council authorize the tax refunds to tax account 130-5-220 and account 210-12-20 as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Councilmember Bell WATER PRIORITY AREA NO.2: Consideration was given to the following items submitted on behalf of Ella Contracting for work completed on the water line replacement project in Monticello Addition and Rice Court Subdivision: (a) Approval for payment of Monthly Estimate No.9 and Final in the amount of $31,814.09; (b) Approval of Change Order No.5 and Final; (c) Issuance of Certificate of Acceptance. Regular City Council Meeting, February 22, 1988 Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that City Council approve for payment Monthly Estimate No.9 in the amount of $31,814.09; approve Change Order No.5 and authorize the issuance of the Certificate of Acceptance to Ella Contracting Co., Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Councilmember Bell SANITARY SEWER PRIORITY AREA NO. 1 PHASE 2: Consideration was given to Monthly Estlmate No. 1 ln the amount of $38,734.77 submitted by Jamcom Construction Co., Inc, for work performed through January 31, 1988 on the sanitary sewer renovation in West University First Subdivision. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that Monthly Estimate No. 1 in the amount of $38,734,77 submitted by Jamcom Construction Co" Inc. be approved for payment. Voting Aye: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Councilmember Bell Voting No: Absent: PURCHASE OF REFUSE COLLECTION TRUCK: Consideration was given to the recommendation for award ot the contract to purchase the 1988 refuse truck and collection body. Bids received February 4, 1988 were opened with the following results: Bidder Amount Bid Bayou City Ford 3625 Eastex Feeeway Houston, Texas 77226 $ 47,298.00 Ford Pakmor R120 Olympic International Trucks 890 North Loop East Houston, Texas 77029 $ 47,406.00 International 1954 Pakmor R120 Waste Systems Equipment, Inc, P,O. Box 55801 Houston, Texas 77255 $ 48,069,00 Ford LN 8000 Thomas Marketing Inc, 100 E. Ti dwe 11 Houston, Texas 77022 $ 48,295.00 GMC Heil 4000 $ 49,820.00 Ford LN 8000 Heil 4000 Regular City Council Meeting. February 22. 1988 J _ Industrial Disposal Supply Co. 4703 Chapman Houston. Texas 77292 $ 48,720.00 GMC Loadmaster 300 $ 40,345.00 Ford LN 8000 Loadmaster 300 Able Body Company 8357 Locklomond Pica Rivera. CA 90660 No Bid Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that City Council accept staff's recommendation and award the bid to the low bidder, Bayou City Ford, at their bld price of $47,298.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Councilmember Bell TELEPHONE SYSTEM FOR POLICE DEPARTMENT: Conslderation was given to authorizing a contract with AT&T for a telephone system for the Police Department. Motion was made by Councilmember Bryan. seconded by Councilmember Schwartzel. that City Council authorize the contract for telephone service for the Police Department with AT&T Merlin system at the cost of $598.97 per month. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan. Britton, Schwartzel None Councilmember Bell ENGINEERING SERVICES FOR UTILITY RELATED PR E T: Consideration was given to invoices totaling. 11.338.21 submitted by Langford Engineering Inc.. as follows: (a) Invoice No. 5347 in the amount of $836.94 for Water Line Replacement Priority Area No.2, Rice Court and Monticello Subdivision; (b) Invoice No. 5348 in the amount of $5,503.68 for Sanitary Sewer Renovations, Phase 2, Priority Area No.1, West University First Subdivision; (c) Invoice No. 5349 in the amount of $654.24 for Water Line Replacement Priority Area No.7, College Court Subdivision; Regular City Council Meeting, February 22, 1988 (d) Invoice No. 5350 in the amount of $1,775.50 for Sanitary Sewer Renovations, Phase 3, Priority Area No.1, West University First Subdivision; (e) Invoice No. 5351 in the amount of $192.20 for Improvements to Wastewater Treatment Plant Sludge Thickener and Digester; (f) Invoice No. 5352 in the amount of $2,375.65 for Study to fully Automate Wakeforest Water Plant. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Councilmember Bell COUNCIL COMMENTS: Councilmember Bryan questioned the adequacy of the cityls protection concerning the depository agreement. Director of Administration, Donna Sims, assured City Council that the city's funds were protected, however, she would continue to watch the situation. Councilmember Schwartzel reminded City Council of the second beautification project at Colonial Park on Saturday, February 26. STAFF REPORT: City Manager, Richard Rockenbaugh, noted there would be a Council workshop session on Monday, February 29, 1988. CITY COUNCIL MEETING MINUTES: Minutes of the City Council meetings were presented, as follows: (a) Regular City Council Meeting, February 8, 1988; (b) Workshop Meeting, February 8, 1988. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the minutes be approved as submitted. Voting Aye: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None Councilmember Bell Voting No: Absent: ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Britton, that the meeting adjourn. Such motion carried and the meeting adjourned at 9:12 p.m. Regular City Council Meeting, February 22, 1988 Mayor CITY COUNCIL WORKSHOP SESSION MONDAY, FEBRUARY 29, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, February 29, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell and Schwartzel. Councilmember Britton was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations and the Chief of Police. Hearing of Residents: There were none present who wished to speak. David Turner, from Woodward, Hall & Primm, discussed the proposed contract for the sale of the Westpark Property to Metropolitan Transit Authority. During the discussion, City Council requested Mr. Turner investigate the possibility of a special warranty deed on the property. Also, Mr. Turner was to determine if council action on March 14th would be adequate to meet the time schedule necessary to close the sale on March 30. It was further decided that Mr. Turner would clarify paragraph 1.c. Utilities, of the contract to determine if there existed sewer capacity connected to the property. Mayor Parks recommended that the city negotiate with Metro for engineering fees pursuant to another Metro contract to repave University Blvd. Mr. Turner advised City Council that he would prepare the contract in execution form for their review and approval at a later date. City Attorney, Jim Dougherty, presented a supplement to the Depository Agreement with First RepublicBank Fannin (now First RepublicBank Houston N.A.) for City Council IS review and approval. The agreement designates MBank Houston N.A. to be the new custodian of the securities pledged by First Republic Bank to the City to secure the city's funds deposited with First Republic Bank. The agreement set out the terms to govern the transfer of the securities to MBank and other matters related to the pledge of the securities to the City. After discussion, motion was made by Councilmember Bell, seconded by Councilmember Bryan, that City Council approve the Letter Agreement in substantially the form presented subject to minor changes (approved by the City Attorney) that should not affect the substance of the agreement. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton Voting No: Absent: I I City Council Workshop Session. February 29. 1988 1 r ' Charles Lusk. Chairman of the Zoning Board of Adjustment. gave a status report from the Board. Mr. Lusk suggested the Zoning Board of Adjustment set parameters for granting variances or exceptions and submit them for Council's review. No action was required of City Council. Jack Browder. Chairman of the Recycling Committee. discussed with Council several aspects of the ci~'s recycling program inclUding ideas on compesting to be considered in the future. No action was taken by City Council. City Council reviewed the amended compensation plan. City Manager. Richard Rockenbaugh. reviewed the concept of the plan and the affects of the adjustments. City Council agreed to place the item on the next regular agenda for action. At 9:10 p.m.. Mayor Parks recessed the workshop session to go into a closed executive session as authorized by the Open Meetings Act. TEX. REV. CIV. STAT. ANN.. as amended. Article 6252-17. Section 2(f) discussion with respect to the purchase. exchange. lease. or value of real property relative to parks and recreation. 9:38 p.m.. Mayor Parks declared the closed executive session adjourned and reconvened the workshop session in open meeting. Richard Rockenbaugh reported his conversation with the Baptist Church minister. Dr. Blackmon. concerning the church's recent purchase of property to be used for parking. Dr. Blac~on indicated the church would be agreeable to whatever joint tenancy arrangements the city wished to make. No action was taken by Ctiy Council. Council comments: No member of Council had anything further for discussion. Staff Report: Richard Rockenbaugh had nothing further for Council's consideration at this time. There being no further business to come before City Council. Mayor Parks declared the workshop session adjourned at 9:50 p.m. ~ CITY COUNCIL WORKSHOP SESSION THURSDAY. MARCH 10, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, March 10, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bell and Britton. Councilmember Schwartzel came in at 7:10 and Councilmember Bryan came in at 7:22. Also present were the City Manager, City Secretary, City Attorney, Director of Administration and the Director of Operations. Hearinq of Residents Mr. Ralph Sutter, asked for information relative to the disposal of dog droppings. Mayor Parks advised him that the ordinance was in the Code and requested his assistance in bringing complaints against the dog owner. MetrojWestpark Contract The MetrojWestpark contract was discussed. City Attorney, Jim Dougherty, reported that Dave Turner, representing the City from the firm of Woodward, Hall and Primm, called and according to Houston there is no excess sewer capacity connected to the Westpark tract. The only thing the tract is showing is what is being used. City Manager, Richard Rockenbaugh, reported that since both the City and Metro are tax exempt, there will be no taxes due. Councilmember Britton requested to know the total amount for legal fees when the property is closed. City Council agreed to accept the contract for consideration on the March 14th agenda. Southwestern Bell Telephone Franchise Agreement I Susan Hodge with Municipal Administrative Services presented the fi~~l agreement with Southwestern Bell Telephone, a resul~ of neg6tiations for a new franchise. The new agreement carrles a 4% franchise fee. The effect will be to increase the franchise payment to the City by approximately 75%. Southwestern Bell will be making payment twice a year. The first payment will be in April at the old rate of 2% and the next payment will be due in October at the 4% rate. Because of the many technological changes probable in the next few years, the franchise ;s for no longer than ten years. ') City Council Workshop Session, March 10, 1988 Jim Dougherty, advised Council that Southwestern Bell did not negotiate an indemnity clause, however, that does not mean the company will be not liable for its own actions. City Council agreed to place the franchise agreement on the agenda for the regular meeting on March 14th. Houston Hills Inc.. orooosed contract Mr. Rockenbaugh presented information to City Council concerning a proposed contract with Houston Hills Inc. The City of Bellaire has finalized a contract with the Houston Hills Inc., for a nine hole golf course to be located on their former landfill site. Chuck Berson, Houston Hills Inc., is proposing, for a certain amount of money, to extend a driving range out into West Universityls landfill which would take up about five acres of the City's land. Mr. Berson needs an indication from the city whether it is favorable to the plan. He has checked with the State and there is no problem with the landfill permit. The City probably will not be using this part of the landfill for another 5 years and may gain $3,000 to $4,000 a year from the arrangement. After discussion, it was the consensus of City Council to (1) Offer no right of first refusal; (2) Consider no more than a 5 year lease; (3 ) Houston Hills Inc. to pay the 1 ega 1 fees; (4) Save as many of the trees as possible. Water Rate Ordinance Director of Administration, Donna Sims, presented the proposed water rate ordinance which was the result of the water rate study. She presented a proposal to adopt Option 1 outlined in the report from Peat Marwick which called for an increase of 20% over current minimum bills. The main thrust is to identify customers by meter size and outside-city limits customers. The City will see an increase in water rates based on meter size. The consensus of City Council was to: (1) increase the commercial water and sewer rates to the same rates proposed for residential customers for 1,000 gallons over the minimum; and (2) establish a vacant lot stand-by charge. Donna Sims requested time to develop guidelines to determine what is a vacant lot. She proposed to develop the guidelines and report to Council with a recommendation. City Council Workshop Session, March la, 1988 City Council agreed to go ahead and accept the water rate ordinance, as written, for consideration on the March 14th agenda and, in the future, to consider the vacant lot charge and a surcharge for large water users, Council Comments Various inquires and reports were discussed. Mayor Parks recommended Mark Spradling be appointed Chairman of the Long Range Planning Committee and agreed to call Mr. Spradling. Mayor Parks requested staff proceed with drafting procedures to deal with house construction and the effects on adjacent property. Staff Report Mr. Rockenbaugh distributed a draft of the agenda for March 14 regular Council meeting. Acquiescence to Encroachment was discussed and members of Council recommended the City Attorney be advised to add a clause that the acquiescence does not negate any zoning ordinance or building code and does not represent a variance. However, the guidelines for future acquiescences should be removed from the agenda to be discussed in a workshop session. With no further business to come before City Council at this time, Mayor Parks declared the workshop session adjourned at 8:55 p.m. o~ fZb()~J" Audrey 'c ols City Secretary (, / , REGULAR CITY COUNCIL MEETING MARCH 14, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, March 14, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell and Schwartzel. Councilmember Britton was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration and the Director of Operations. Councilmember Bell delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Elizabeth Kehey, 3020 Carnegie, expressed her concern with the new house construction in progress on each side of her lot. The lots for the new houses have been built up so that her lot now floods. The contractors have repeatedly damaged her yard, used her water and broken the water faucet off an outside tap. Mayor Parks assured Ms. Kehey the City Council was in the process of determining what means of enforcement the City may use to protect the citizens. The Mayor referred Ms. Kehey's problem to the City Manager who advised that staff was working on a draft of enforceable procedures to handle this occurrence and had made contact with both the builders concerning Ms. Kehey's problem. The Mayor further advised Ms. Kehey that the city could become involved in a code violation, however, damage to her property might be a civil matter between her and the builders. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: ~ayor Parks requested Item No. 13, ACQUIESCENCE TO ENCROACHMENT. be removed from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that with the exception of Item No. 13, the consent agenda be approved in accordance with staff recommendation. Regular City Council Meeting, March 14, 1988 Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton Voting No: Absent: CERTIFICATE OF CONFORMANCE: Bill Thompson, Director and Controller, City Controller's Uftlce, City of Houston, and Regional Director, Government Finance Officer's Association of Texas, presented the Certificate of Conformance to Mayor Parks and the Award of Financial Reporting Achievement to Donna L. Sims, Director of Administration and Finance. Susanne Barnett, Director of Finance, City of Sugar land, and Immediate Past President of Government Finance Officer's Association of Texas, also attended the presentation. CONTRACT FOR SALE OF PROPERTY: Mayor Parks presented and read a resolution concernlng the acceptance of the contract for the sale of the City's 6.3486 acres of property to the Metropolitan Authority of Harris County, Texas, as follows: RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT FOR THE SALE OF APPROXIMATELY 6.3486 ACRES TO THE METROPOLITAN TRANSIT AUTHORITY; APPROVING SUCH CONTRACT; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City of West University Place, Texas (the "City") has and is conducting negotiations with the Metropolitan Transit Authority of Harris County, Texas ("Metro"), with respect to the sale by the City to METRO of two certain tracts of land containing, in the aggregate, approximately 6.3486 acres, located in the Robert Vince Survey, Abstract 22, and the Wm. Ford Survey, Abstract 1026, in Harris County, Texas, together with certain improvements and fixtures located thereon (all of the such property being hereinafter referred to collectively as the "Property"); and WHEREAS, the City Council has obtained an appraisal of the Property performed by Luedemann & Associates and dated June 17, 1987, a copy of which is attached hereto and incorporated herein by this reference (the "Appraisal"); and WHEREAS, the Appraisal indicated that the value of the Property is $5.50 per square foot plus $148,363 for improvements (which includes $55,000 as salvage value for equipment); and WHEREAS, because the City proposes to sell approxi- mately 276,544 square feet plus all of the improvements except for the salvage value of equipment, the Appraisal indicated a fair market value of $1,614,555, and the City Council does hereby find and determine that the proposed sale price of the Property is not less than such fair market value determined by the Appraisal; and I....."'. . _I': _ .. .J::.L ... 20,.. l' . Regular City Council Meeting, March 14, 1988 WHEREAS, the City Council finds and determines that the Property is not owned, held or claimed as a public square, park, or site for a city hall or other municipal building and that the Property is not an island, flat or submerged land; and WHEREAS, the terms and conditions of such sale of the Property have been incorporated in a certain Contract for the Sale and Purchase of Real Property (the .Contract") executed on March 4, 1988 by Richard R. Rockenbaugh, City Manager of the City, and on March 8, 1988 by Robert H. Thornton, Director of Real Estate for METRO (a copy of which Contract is attached hereto and incorporated herein by this reference), which Contract by its terms will not become effective unless and until approved by the City Council of the City (the "Council") and the Board of Directors of METRO, to which Contract reference is here made for all purposes; and WHEREAS, the Council believes that the approval of the Contract and the consummation of the transactions contemplated thereby would be in the best interest of the Ci ty; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Contract and the execution of the Contract on behalf of the City on March 4, 1988 by Richard R. Rockenbaugh, City Manager, are hereby approved, ratified and confirmed in all respects. Section 2. That all actions by any and all members of the Councilor the officers or authorized employees or agents of the City taken and performed up to the date hereof with respect to the negotiation, formulation, preparation, execution and delivery of the Contract be, and they hereby are, approved, ratified and conformed in all respects. Section 3. That the City enter into and consummate the transactions contemplated by the Contract, and that Michael L. Parks, the Mayor of the City, and Richard R. Rockenbaugh, City Manager (together the "Authorized Officers" and singly an "Authorized Officer") be and each is hereby authorized and empowered in the name and on behalf of the City to execute and deliver the Special Warranty Deed, 8ill of Sale and other instruments provided for in the Contract in order to effect the sale of the Property to METRO as provided in the Contract, all such instruments to be in such form as such Authorized Officer and James L. Dougherty, Jr., City Attorney, shall approve, Regular City Council Meeting, March 14, 1988 q .. . . ~ t.' ~'. which approval shall be conclusively evidenced by such Authorized Officer's execution of such instruments. Section 4. That the Authorized Officers be, and each of them hereby is, authorized and director to prepare, execute and deliver, from time to time, all other such documents or perform such actions related to, contemplated by, or necessary, advisable or convenient to the Contract and transactions contemplated thereby that such Authorized Officer deems, in his sole discretion, to be necessary, advisable or convenient, which determination shall be conclusively evidenced by his execution, delivery or performance thereof. Section 5. If any word, phrase, clause, sentence, paragraph. section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction. the remainder of this resolution and the application of such word. phrase, clause, sentence. paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 6. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed. considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended. and that each such meeting has been open to the public as required by law at all times during such discussion. consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. This resolution shall take effect immediately upon its adoption and signature. PASSED AND APPROVED this the 14th day of March . 1988. Counci1members Voting Aye: Counci1members Voting No: Counci1members Absent: lOW -r.:r' I . lilt ".,..1.,:, Regular City Council Meeting, March 14, 1988 ? Signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that the Resolution be adopted as read. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton WATER AND SANITARY SEWER RATES: Consideration was given to the first reading of Ordinance Number 1313. Mayor Parks presented the ordinance and read the caption as follows: ORDINANCE NUMBER 1313 AN ORDINANCE RELATING TO THE OPERATIONS AND MAINTENANCE OF WATER AND SEWER SERVICES PROVIDED BY THE CITY OF WEST UNIVERSITY PLACE; PROVIDING FOR WATER AND SEWER SERVICE CHARGES; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER FINDINGS RELATED TO THE SUBJECT. Copies of Ordinance Number 1313, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Ordinance Number 1313 be accepted on first reading as presented. Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton Councilmembers Voting No: Councilmembers Absent: SOUTHWESTERN BELL TELEPHONE FRANCHISE AGREEMENT: Consideration was given to the first reading of Ordinance Number 1314. Mayor Parks presented the ordinance and read the caption as follows: ORDINANCE NUMBER 1314 Regular City Council Meet~ng, March 14, 1988 20Pi AN ORDINANCE RECOGNIZING THIS AGREEMENT GRANTING SOUTHWESTERN BELL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE ALL OF THE PRESENT AND FUTURE STREETS, AVENUES, ALLEYS, ROADS, HIGHWAYS, SIDEWALKS, EASEMENTS AND OTHER PUBLIC RIGHTS OF WAY FOR ITS TELECOMMUNICATIONS, AND TELECOMMUNICATIONS RELATED BUSINESS AND COMMUNICATIONS SYSTEM IN THE CITY OF WEST UNIVERSITY PLACE FOR A PERIOD OF 10 YEARS; REGULATING THE USE OF THE STREETS BY THE COMPANY AND THE REPAIR AND RESTORATION OF STREETS DISTURBED BY CONSTRUCTION; CONTAINING A CONTRACT BY THE COMPANY TO FURNISH THE GRADE OF SERVICE TO ITS SUBSCRIBERS AS PROVIDED BY ITS TARIFFS EXCEPT UNDER CONDITIONS BEYOND THE COMPANY'S CONTROL; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING AND LOWERING OF CABLES AND OTHER EQUIPMENT AND MATERIALS; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY OF WEST UNIVERSITY PLACE, PROVIDING FOR USE BY THE CITY OF CERTAIN POLE SPACE, MANHOLE AND CONDUIT SPACE; PROVIDING THAT THIS AGREEMENT SHALL EXTEND TO ALL ANNEXED TERRITORY; PROVIDING THAT THIS AGREEMENT SHALL NOT BE EXCLUSIVE PROVIDING FOR COMPLIANCE BY THE CITY AND THE COMPANY; PROVIDING THE COMPANY'S OBLIGATION TO FURNISH EFFICIENT TELEPHONE SERVICE; PROVIDING FOR ASSIGNMENT BY THE COMPANY; PROVIDING A SEVERABILITY CLAUSE; RESERVING ALL LAWFUL POWERS, CLAIMS AND RIGHTS; PROVIDING FOR INSPECTION OF COMPANY'S RECORDS AND REPORTS; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS ORDINANCE; PROVIDING FOR ACCEPTANCE BY THE COMPANY; AND PROVIDING AN EFFECTIVE DATE. Copies of Ordinance Number 1314, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Ordinance Number 1314 be accepted as presented on first reading. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: M~or Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton T I ENSE PLATES: Motion was made by Councilmember Schwartzel, secon e y ouncilmember Bell, that consideration of the resolution relative to application for exempt license plates be tabled to a workshop session. Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel Councilmembers Voting No: None Councilmembers Absent: Councilmember Britton :.. T.lT' 1 ill . 71r11_1'! Regular City Council Meeting, March 14, 1988 COMPENSATION SCHEDULE: Consideration was given to approving the revised compensation plan. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the revised compensation plan be approved as presented, to become effective March 14, 1988. Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel Councilmembers Voting No: None Councilmembers Absent: Councilmember Britton TAX REFUNDS: Consideration was given to authorize a request for tax refund. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council authorize the tax refund in the amount of $659.00 from 1986 correction roll #9, account #221-29-115. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks. Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton WATER STORAGE TANKS: City Manager, Richard Rockenbaugh, advised Council this item was removed from the agenda. ACOUIESCENCE TO ENCROACHMENT: Consideration was given to approving the Acquiescence to Encroachment for property located at 2608 Barbara Lane. Because of a possible conflict of interest. Mayor Parks removed himself from consideration and left Council Chamber. Mayor Pro Tem Bryan, presiding, presented the Acquiescence to Encroachment for Council's consideration. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that the Acquiescence to Encroachment for the property located at 2608 be approved as presented. Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton Councilmembers Voting No: Councilmembers Absent: Mayor Parks returned to Council Chamber. Regular City Council Meeting, March 14, 1988 1976 BOND PAYMENT: Consideration was given to the invoice in the amount of $115,025.00 submitted by First City National Bank of Houston for payment due on the 1976 Bond Issue. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $115,025.00 for payment due on the 1976 Bond Issue be approved for payment. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the invoice in the amount of $8,630.00 submitted by the Harris County Appraisal District for the second quarter 1988 assessment. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $8,630.00 submitted by the Harris County Appraisal District be approved for payment. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton WASTEWATER TREATMENT PLANT IMPROVEMENTS: Consideration was given to Monthly Estimate No. 1 and Flnal in the amount of $12,536.00 submitted by Tidal Construction, Inc., for the Wastewater Treatment Plant Sludge Thickener and Digester. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council approve for payment Monthly Estimate No.1 and Final in the amount of $12,536.00 to Tidal Construction, Inc. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was given to invoices totaling $11,846.65 submitted by Langford Engineering Inc., as follows: (a) Invoice No. 5386 and Final in the amount of $2,172.82 for water line replacement Priority Area No.2, Rice Court and Monticello Subdivision; (b) Invoice No. 5387 in the amount of $7,164.57 for Priority Area No.1, Phase 2, Sanitary Sewer, West University First Subdivision; () ( Regular City Council Meeting, March 14, 1988 (c) Invoice No. 4389 in the amount of $335.56 for water line replacement, Priority Area No.7, College Court Subdivision; (d) Invoice No. 5390 in the amount of $1,178.80 for Priority Area No.1, Phase 3, Sanitary Sewer, West University First Subdivision; (e) Invoice No. 5392 in the amount of $994.90 for improvements to Wastewater Treatment Plant Sludge Thickener and Digester. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton WATER PRIORITY AREA NO.7: Consideration was given to Monthly Estimate No.2 in the amount of $37,496.70 submitted by Bearden Contracting Co. for work performed through February 24, 1988 on the water line replacement project in College Court Addition. Motion was made by Councilmember Schwartzel. seconded by Councilmember Bryan, that Monthly Estimate No. in the amount of $37,496.70 submitted by Bearden Contracting Co., be approved for payment. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton PURCHASE OF VEHICLES: Consideration was given to the invoices submitted by Knapp Chevrolet for delivery of the following vehicles: (a) Invoice in the amount of $11,189.00 for delivery of the 1988 Chevrolet Caprice - Operations staff car; (b) Invoice in the amount of $9,640.00 for delivery of the 1988 Chevrolet 1/2 ton truck - Animal Control. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoices submitted by Knapp Chevrolet be approved for payment as listed. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton Regular City Council Meeting, March 14, 1988 ? LEGAL SERVICES: Consideration was given to the invoice in the amount of $6,973.30 submitted for legal services provided on the City1s behalf for the month of February 1988. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $6,973.30 submitted for legal services be approved for payment. Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton Councilmembers Voting No: Councilmembers Absent: COUNCIL COMMENTS: Councilmember Bryan congratulated Donna Sims on earning the Certificate of Conformance and Award for Financial Reporting Achievement. Councilmember Schwartzel congratulated Donna Sims and also the Beautification Committee for the excellent job they did at Colonial Park. STAFF REPORT: City Manager, Richard Rockenbaugh, reported on the concerns expressed by residents at the February 22nd Council meeting. Mr. Able's concern has been resolved. He hired an electrician and made the necessary alterations. Mayor Parks requested the City continue investigating the interpretation of the Housing Code. Ms. Stodghill's water bill concern was proceeding toward a solution. Mr. Holaten met with the Director of Operations and they agreed on a time table for the removal of the assessory building by March 25. CITY COUNCIL MECTINC MINUTES: Consideration was given to the City Council minutes submitted, as follows: (a) Workshop City Council Meeting, February 18, 1988 (b) Regular City Council Meeting, February 22, 1988; (c) Workshop City Council Meeting, February 29, 1988. The following corrections were offered: On February 18, 1988 Councilmembar Bell was present at the workshop session, however, Councilmember Schwartzel was absent. Motion was then made by Councilmember Bell, seconded by Councilmember Bryan, that the minutes be approved as corrected. Councilmembers Voting Aye: Mayor Parks, Counci1members Bryan, Bell, Schwartzel None Councilmember Britton Councilmembers Voting No: Councilmembers Absent: ADJOURNMENT: With no further business to come before Council at this time, and upon motion duly made and seconded, Mayor Parks declared the meeting adjourned at 7:57 p.m. ?" J Regular City Council Meeting, March 14, 1988 CITY COUNCIL SPECIAL MEETING MONDAY, MARCH 21, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in special session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, March 21, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Britton and Schwartzel. Councilmember Bryan came in at 7:10. Councilmember Bell was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration and the Director of Operations. Hearing of Residents There were none present who wished to speak. Update on Depository and Investment Policies and Procedures City Attorney, Jim Dougherty, advised Council that under the Depository Agreement with First RepublicBank, the City has a 90 day termination clause which they may use at Council IS discretion. However, if the bank lacks collateral, the termination is instantaneous. The proposed Resolution before Council would enable the City to have an investment policy to provide investment alternatives. The resolution was read as follows: RESOLUTION 88-03 RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR THE INVESTMENT OF FUNDS OF THE CITY OF WEST UNIVERSITY PLACE AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. (a) The following policies are hereby established for the investment of funds of the City. (1) Permissible Investment Items. Funds of the City not on deposit with the City1s depository bank may only be invested in the following instruments: (i) U.S. Treasury bills or notes (being direct obligations of the United States) held for the City by the Federal Reserve Bank of Dallas, or one of its branches, which bills or notes have maturities not longer than one year from the date of their purchase. Such bills or notes shall be purchased directly from a Federal Reserve Bank, unless Special City Council Meeting, March 21, 1988 () ( ~ sufficient amounts cannot be purchased directly to meet the City's needs, in which case such securitips may be purchased from others. (ii) Certificates of deposit issued by state or national banks domiciled in this state and maintaining a banking office in Harris County, Texas, which certificates are issued to and physically delivered to the City and are guaranteed or insured, as to their full principal amount and accrued interest, by the Federal Deposit Insurance Corporation, or its successor, which certificates have maturities not longer than one year from the date of their purchase. No more than $90,000 of City funds may be on deposit with any single bank (other than the City's depository), and no more than $1,000,000 in principal amount of certificates may be invested in any group of banks owned by a common bank holding company. (2) Authorized Persons. Any two of the following persons are authorized to open any necessary investment accounts for the City, to transfer funds into such investments and to take such other customary actions as may be necessary to implement this resolution: the City Manager, the Director of Finance (and Treasurer), the Mayor, and Mayor ProTem. (3) Manner of Execution. All such purchases and investments shall be executed so that, at all times, City funds are either collateralized in the depository or invested in one of the permissible securities owned by the City. (4) Safekeepinq. All such investments shall be held in the most secure manner practicable, and they shall be covered by insurance against loss. (5) Yields. Before making any such investments, the persons taking such action must survey the available yields and take all reasonable action to maximize the yield. Section 2. All such investments shall be made in accordance with TEX. REV. CIV. STAT. arts. 4413(34c) and 842a-2, and any other applicable state law and the City Charter. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Special City Council Meeting, March 21, 1988 Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 6. This resolution shall take effect immediately upon its adoption and signature. PASSED AND APPROVED this the 1988. day of Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: Michael L. Parks, Mayor ATTEST: Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney The possibility of changing depository banks was discussed. It was generally agreed that changing banks would not resolve the unstable conditions whatever bank might bid for the City.s depository. Also the cost of time and money to change banks was a negative factor. The City Attorney recommended the resolution as a means to enable the City to lower its risk without rebidding the depository agreement. Motion was made by Councilmember Schwartzel that City Council adopt Resolution Number 88-03. Special City Council Meeting, March 21, 1988 (, (~ - After further discussion, Councilmember Bryan seconded the motion and offered the following amendment: to strike from Section (1) Permissible Investment Items. (ii) "and maintaining a banking office in Harris County, Texas," so that subsection (ii) would read as follows: (ii) Certificates of deposit issued by state or national banks domiciled in this state which certificates are issued to and physically delivered to the City and are guaranteed or insured, as to their full principal amount and accrued interest, by the Federal Deposit Insurance Corporation, or its successor, which certificates have maturities not longer than one year from the date of their purchase. No more than $90,000 of City funds may be on deposit with any single bank (other than the City's depository), and no more than $1,000,000 in principal amount of certificates may be invested in any group of banks owned by a common bank holding company. Councilmember Schwartzel accepted the amendment. Mayor Parks called for a vote on the amendment to subsection (ii). Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Britton and Schwartzel None Councilmember Bell Councilmembers Voting No: Councilmembers Absent: Councilmember Britton requested some provision for notification of investments. City Council agreed to require a written report from the Finance Director either monthly or quarterly. Mayor Parks called for a vote to adopt Resolution Number 88-03. Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Britton and Schwartzel None Councilmember Bell Councilmembers Voting No: Councilmembers Absent: Metro distribution of expanded sales tax rpvpnlJP City Council discussed what position to negotiate for Metro's distribution of the expanded sales tax revenue to the suburban cities. The funds could be allocated based on sales tax or population or on a sales tax and population mix. After discussion, motion was made Councilmember Bryan, seconded by Councilmember Schwartzel, that City Council authorize the Mayor to use his discretion to negotiate on the City's behalf at the meeting with Metro concerning the allocation of expanded sales tax revenue. Special City Council Meeting, March 21, 1988 () h Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Britton and Schwartzel None Councilmember Bell Councilmembers Voting No: Councilmembers Absent: There being no further business to come before City Council at this time, Mayor Parks declared the special meeting adjourned at 8:35 p.m. a /~ . J~ (j (~ Audrey N~OlS City Secretary ? ,L' CITY COUNCIL WORKSHOP SESSION THURSDAY, MARCH 24, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, March 24, 1988, with the following members present: Mayor Parks, presiding; Councilmember Schwartzel; Councilmember Bryan came in at 7:15. Councilmembers Bell and Britton were absent. Also present were the City Manager, City Secretary, City Attorney, Director of Operations and the Chief of Police. Hearinq of Residents There were none present who wished to speak. Schedulinq the date. time and place for personnel appeal hearinq Members of City Council agreed to schedule the Bernard Kammerman personnel appeal hearing for Monday, April 4, 1988,7:00 p.m., in Council Chamber. Change Order to the Jamcom Construction Contract Doug Lunceford, representing Langford Engineering Inc., explained that in the initial phase of the engineering for the sanitary sewer project, there were taps not counted in the 6600 block of Rutgers. Including these into the contract increased the contract amount $19,000. Also, it has become apparent that there is a 12 inch water line where the line crosses Mercer Street which is in the flow line of the sanitary sewer line. Mr. Lunceford recommended the city divert the water line over the sewer line and include the diversion in the change order. Total cost of Change Order No. 1 to the Jamcom contract with both items included would total $22,768.00. Bob Simpson concurred with Mr. Lunceford1s recommendation. City Council agreed to place the item on the regular agenda for Monday, March 28th. Discuss house construction and house movinq House construction complaints were discussed. Complaints received covered trespassing, property damage and noise. City Manager, Richard Rockenbaugh, called attention to the enforcement clause in the city's existing noise ordinance (Section 15-33) which requires 3 days notice be given to a violator of intent to prosecute prior to issuance of a misdemeanor complaint. With this requirement, the noise ordinance was practically unenforceable. City Attorney, Jim Dougherty, advised that trespassing could be readily handled, but it would be a policy question whether the City would want to the spend the public funds in municipal court City Council Workshop Session, March 24, 1988 2 for each person who probably has just cause for compensation. The City might require a deposit from a builder. Mr. Dougherty presented a proposed amendment to the enforcement section. After discussion, City Council instructed the City Attorney to prepare an amendment to Section 15-33 stating an affirmative defense in certain instances. It was agreed to draft a letter to adjacent home owners, to be mailed at point of permit, describing the contractor's instructions (Police Department memorandum dated 1/28/88) and if these are violated, the adjacent home owners are informed of their right to file a complaint. The Inspection Division would mail the letter. Councilmember Bryan suggested the addition of prohibition of trash or litter in the neighbor's yard be included in the instruction to contractors. City staff suggested the contractor be responsible for bringing the letter to the Inspection Division, with stamped envelope, at the time of permit. It was agreed to draft the letter to property owners and to establish a fee for the procedure to be paid by the contractor. House moving complaints were discussed. Curtis Cooper suggested he meet with several of the house moving contractors, the Chief of Police and Patrolman Norris to prepare a stronger house moving ordinance. City Council agreed and Mr. Cooper is to report back to Council. Discussion of the revised Disci Section to the Personnel Manua Mr. Rockenbaugh advised City Council this item was removed from the agenda. Discuss proposed Parks and Recreation Improvement and Acquisition Proqram Russ Schulze, Chairman of the Parks and Recreation Board; together with other Parks Board members: Dave Agerton, Deborah Niebruegge and Dave Gerber; and Mark Spradling, Land Use Plan Subcommittee of the Long Range Planning Committee, presented a proposed Parks and Recreation Improvement and Acquisition Program. Russ Schulze suggested $1,000,000 for park improvements and acquisition be included in the 1988 bond issue and that Council consider a $1.00 check-off box on water bills for residents to donate monthly to the park system. Other items included in the park program were plans to renovate and upgrade Colonial Park, acquire additional pocket parks, a youth center, and acquire additional lots adjacent to Colonial Park. Mr. Schulze recommended the City work toward multi-use facilities. Cash flow was a concern to get the program started and maintain its momentum. Mr. Schulze suggested that for continuity, Friends of West University Parks needs a master park plan and a vehicle to go beyond the political terms of office. It was agreed Curtis Cooper would develop a list of park planners and a cost estimate for a master park plan. City staff would work r) - I { . City Council Workshop Session, March 24, 1988 with the Parks Board to facilitate accomplishment of a master park plan. Closed executive session City Council did not convene in closed session. Council comments Councilmember Bryan reported she was hearing complaints concerning Wier Park and the basketball goal situation. Councilmember Bryan further reported the YMCA representatives asked for a letter from City Council stating its support of the proposed plan to relocated the IIYII. City Council agreed they would support such a letter. Staff report Mr. Rockenbaugh distributed copies of the City Currents for Council's review. No corrections or changes were made. The City Manager suggested a workshop session on March 31st. City Council agreed to meet. Adjournment There being no further business to come before City Council at this time, Mayor Parks declared the workshop session adjourned at 9:50 p.m. €) (~ REGULAR CITY COUNCIL MEETING MONDAY, MARCH 28, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, March 28, 1988, with the following members present: Mayor Pro Tem Bryan, presiding; Councilmembers Bell, Britton and Schwartzel. Mayor Parks was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and Chief of Police. Councilmember Britton delivered the invocation and led the Allegiance to the Flag. INTRODUCTION OF NEW PERSONNEL: Wayne Perry, Chief Building Inspector, introduced Diana Wright, Inspection Division Office Manager and Terry Pelton, Assistant Building Inspector. Donna Sims introduced Phyllis Reinhart, Deputy Finance Director. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda i item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Schwartzel requested Item No. 13, STRUCTURAL ALTERATIONS TO THE STREET DEPARTMENT OFFICE AND GARAGE. and Item No. 14, WATER STORAGE TANKS, be removed from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that with the exception of Items No. 13 and 14, the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Pro Tem Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks WATER AND SANITARY SEWER RATES: Consideration was given to the second and final reading of Ordinance Number 1313. Mayor Pro Tem Bryan presented the ordinance and read the caption as follows: Regular City Council Meeting, March 28, 1988 ? ORDINANCE NUMBER 1313 AN ORDINANCE RELATING TO THE OPERATIONS AND MAINTENANCE OF WATER AND SEWER SERVICES PROVIDED BY THE CITY OF WEST UNIVERSITY PLACE; PROVIDING FOR WATER AND SEWER SERVICE CHARGES; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER FINDINGS RELATED TO THE SUBJECT. Copies of Ordinance Number 1313, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bell, seconded by Councilmember Britton, that Ordinance Number 1313 be adopted on second and final reading. Voting Aye: Mayor Pro Tem Bryan, Councilmembers Bell, Britton, Schwartzel Voting No: None Absent: Mayor Parks SOUTHWESTERN BELL TELEPHONE FRAN~ Consideratio" was given to the rereading of~g of Ordinance Number 1314. Mayor Pro Tem Bryan read the caption as follows: ORDINANCE NUMBER 1314 AN ORDINANCE RECOGNIZING THIS AGREEMENT GRANTING SOUTHWESTERN BELL TELEPHONE COMPANY. ITS SUCCESSORS AND ASSIGNS. THE RIGHT TO USE ALL OF THE PRESENT AND FUTURE STREETS. AVENUES, ALLEYS, ROADS, HIGHWAYS. SIDEWALKS. EASEMENTS AND OTHER PUBLIC RIGHTS OF WAY FOR ITS TELECOMMUNICATIONS, AND TELECOMMUNICATIONS RELATED BUSINESS AND COMMUNICATIONS SYSTEM IN THE CITY OF WEST UNIVERSITY PLACE FOR A PERIOD OF 10 YEARS; REGULATING THE USE OF THE STREETS BY THE COMPANY AND THE REPAIR AND RESTORATION OF STREETS DISTURBED BY CONSTRUCTION; CONTAINING A CONTRACT BY THE COMPANY TO FURNISH THE GRADE OF SERVICE TO ITS SUBSCRIBERS AS PROVIDED BY ITS TARIFFS EXCEPT UNDER CONDITIONS BEYOND THE COMPANY'S CONTROL; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING AND LOWERING OF CABLES AND OTHER EQUIPMENT AND MATERIALS; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY OF WEST UNIVERSITY PLACE, PROVIDING FOR USE BY THE CITY OF CERTAIN POLE SPACE, MANHOLE AND CONDUIT SPACE; PROVIDING THAT THIS AGREEMENT SHALL EXTEND TO ALL ANNEXED TERRITORY; PROVIDING THAT THIS AGREEMENT SHALL NOT BE EXCLUSIVE PROVIDING FOR COMPLIANCE BY THE CITY AND THE COMPANY; PROVIDING THE COMPANY'S OBLIGATION TO FURNISH EFFICIENT TELEPHONE SERVICE; PROVIDING FOR ASSIGNMENT BY THE COMPANY; PROVIDING A SEVERABILITY CLAUSE; RESERVING ALL LAWFUL POWERS, CLAIMS AND RIGHTS; PROVIDING FOR INSPECTION OF COMPANY'S RECORDS AND REPORTS; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS ORDINANCE; PROVIDING FOR ACCEPTANCE BY THE COMPANY; AND PROVIDING AN EFFECTIVE DATE. Regular City Council Meeting, March 28, 1988 Copies of Ordinance Number 1314, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bell, seconded by Councilmember Britton, that Ordinance Number 1314 be accepted on the rereading of the first reading as presented. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks NOISE ORDINANCE ENFORCEMENT: Consideration was given to the first reading of Ordinance Number 1315. Mayor Pro Tern Bryan read the caption as follows: ORDINANCE NUMBER 1315 AN ORDINANCE RELATING TO OFFENSES AND MISCELLANEOUS PROVISIONS UNDER CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE; AMENDING THE CODE OF ORDINANCES; PROVIDING FOR AFFIRMATIVE DEFENSE FOR CERTAIN PROSECUTIONS UNDER SAID CHAPTER INVOLVING NOISE AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1315, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Ordinance Number 1315 be accepted as presented on first reading. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks EXEMPT LICENSE PLATES: Consideration was given to Resolution Number 88-04 providing for exemption of certain vehicles from identification requirements and authorizing applications for special license plates. Mayor Pro Tern Bryan presented and read the Resolution as follows: RESOLUTION NUMBER 88-04 A RESOLUTION PROVIDING FOR EXEMPTION OF CERTAIN VEHICLES FROM IDENTIFICATION REQUIREMENTS; AUTHORIZING APPLICATIONS FOR SPECIAL LICENSE PLATES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. I Regular City Council Meeting. March 28. 1988 :.> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS: Section 1. The City Council finds and determines that certain City vehicles are used or will be used for the purpose of performing official duties by the City.s Police Department. Such vehicles shall be exempt~d from the identification requirements of TEX. REV. CIV. STAT. art. 6701m-2. (1) Vehicles now in the fleet: Make - Model VIN , 1987 Ford Crown Victoria 2FABP72G3HX165258 1984 Chevrolet Impala IGIAL6964EX153770 (2) Vehicles in process of delivery: Make 1988 Ford 1988 Ford Mode 1 Crown Victoria Aerostar Van P.o. # 88-0026 88-0026 Section 2. The following persons are hereby authorized to submit applications for special .undercover. license plates on behalf of the City: Richard R. Rockenbaugh. City Manager Stephen M. Griffith. Chief of Police Audrey Nichols. City Secretary Section 3. If any word. phrase. clause. sentence. paragraph. section or other part of this resolution or the application thereof to any person or circumstance. shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction. the remainder of this resolution and the application of such word. phrase. clause. sentence. paragraph. section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. The City Council officially finds. determines and declares that a sufficient written notice of the date. hour. place and subject of each meeting at which this resolution was discussed. considered or acted upon was given in the manner required by the Open Meetings Law. TEX. REV. CIV. STAT. ANN. art. 6252-17. as amended. and that each such meeting has been open to the public as required by law at all times during such discussion. consideration Regular City Council Meeting, March 28, 1988 and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this the 28th day of March , 1988. Councilmembers Voting Aye: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel Councilmembers Voting No: None Councilmembers Absent: Mayor Parks Signed: Beth Ann Bryan, Mayor Pro Tern ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) APPOINTMENT: Consideration was given to appoint a Chairman of the Long Range Planning Committee to fill the vacancy created by the resignation of Bill Hughes. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Mark Spradling be appointed Chairman of thi s committee. Voting Aye: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks Voting No: Absent: PROCLAMATION: Mayor Pro Tern Bryan presented and read a proclamation designating the week of April 10 - 16, 1988 as Building Safety Week. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that the proclamation be accepted as read. Voting Aye: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks Voting No: Absent: PRIORITY AREA NO.1, PHASE 2, SANITARY SEWER: WEST UNIVERSITY FIRST SUBDIVISION: Consideration was given to items submltted by Jamcom Regular City Council Meeting, March 28, 1988 Construction Co., Inc., for the sanitary sewer renovation project, as follows: (a) Monthly Estimate No.2 in the amount of $105,719.32 for work performed through February 26, 1988; (b) Change Order No.1 in the amount of $22,768.00 Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that Monthly Estimate No. 2 in the amount of $105,719.32 be approved for payment and Change Order No.1 in the amount of $22,768.00 be approved as an addition to the contract. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks PARKING FACILITIES AT LIBRARY BUILDING: Consideration was given to the invoice in the amount of $12,909.60 submitted by Hummel Construction Co. for completion of the parking facilities at the Library Building. Motion was made by Councilmember Bel', seconded by Councilmember Schwartzel, that the invoice to Hummel Construction Co. be approved for payment. Voting Aye: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks Voting No: Absent: STRUCTURAL ALTERATIONS TO THE STREET DEPARTMENT OFFICE AND GARAGE: Consideration was given to the recommendation for award of the contract for alterations to the Street Department office and garage. Bids received March 10, 1988, were as follows: Bidder Amount Bid Rogers Constructors 949 Wakefield Houston, Texas 77018 $ 44,900.00 C.L. Vick Construction P.O. Box 1568 Friendswood, Texas 77546 $ 48,500.00 H. B. Taylor P.O. Box 11817 Houston, Texas 77293 $ 57,774.00 Bregal Construction 1644 Crestdale Houston, Texas 77080 $ 59,777.00 Regular City Council Meeting, March 28, 1988 Builders Construction American Ready-Mix 10230 Hwy. 3 Houston, Texas 77074 $ 67,481.00 E. L. Taylor Construction P.O. Box 8708 Houston, Texas 77249 $ 75,326.00 It was the recommendation of staff to award the contract to the low bidder, Rogers Constructors, Inc. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council accept staff's recommendation and award the contract to Rogers Constructors, Inc., at their bid price of $44,900.00. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks WATER STORAGE TANKS: Consideration was given to approve the general liability insurance submitted by the contractor for repairs and painting of the ground storage tanks. The City Attorney advised that the insurance coverage provided by Diversified Coatings Limited, to whom the contract for repairs and painting of the ground storage tanks was awarded, does not meet city standards. The liability insurance provided is through a surplus lines carrier. Surplus lines carriers are not licensed and admitted in the State of Texas. If the city chooses to accept the surplus lines carrier, it will mean the State back-up casualty pool does not apply. However, with the surplus line, the contractor exceeds the amount of insurance coverage specified. Regular insurance companies no longer write this kind of insurance for painting and sandblasting because of the exposure to claims. City Manager, Mr. Rockenbaugh, stated that in this instance staff recommended acceptance of the surplus lines carrier so as to complete the project at the low bid price and before the high water demand period. The liability coverage is through an A plus rated surplus lines carrier. Councilmember Schwartzel recommended staff contact Diversified Coatings to see if they could provide the city with more insurance, maybe 1.5 million. Councilmember Britton thought the city needed to go ahead with the project. ? 1 Regular City Council Meeting, March 28, 1988 Motion was made by Councilmember Britton, seconded by Councilmember Bell, that City Council accept the insurance companies listed for Diversified Coatings Limited so that the contractor may proceed with the project. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton Councilmember Schwartzel Mayor Parks ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was given to invoices totaling $1,205.74 submitted by Langford Engineering Inc., as follows: (a) Invoice No. 5388 in the amount of $96.60 for Priority Area No.2, Sanitary Sewer Renovation; (b) Invoice No. 5391 in the amount of $1,109.14 for Priority Area No.1, Phase 3, Sanitary Sewer Renovation project. Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks COUNCIL COMMENTS: Councilmember Bell inquired as to the status of the list station at Swarthmore and Academy. STAFF REPORT: City Manager, Richard Rockenbaugh, reminded Council of the workshop meeting scheduled for Thursday, March 31, 1988, 7:00 p.m. CITY COUNCIL MEETING MINUTES: Minutes of the City Council meetings were presented for consideration, as follows: (a) Workshop City Council Meeting, March 10, 1988; (b) Regular City Council Meeting, March 14; (c) Special City Council Meeting, March 21, 1988. Councilmember Britton offered the following correction to the March 14, 1988, regular meeting: Page 7, Acquiescence to Encroachment, to show the voting with Mayor Parks absent. Motion was made by Councilmember Britton, seconded by Councilmember Schwartzel, that the minutes of the City Council meetings be approved as corrected. Regular City Council Meeting, March 28, 1988 Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell. Britton, Schwartzel None Mayor Parks ADJOURNMENT: With no further business to come before Council at this time, the meeting adjourned at 8:05 p.m. o ~ CITY COUNCIL WORKSHOP SESSION THURSDAY, MARCH 31, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, March 31, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan and Britton. Councilmember Schwartzel came in at 7:05. Councilmember Bel' came in at 7:12. Also present were the City Manager, City Secretary, Director of Operations and the Chief of Police. Hearinq of Residents: Gene Hines, 3748 Rice Blvd., addressed Council concerning the proposed sale of the Southwest YMCA. He suggested the city explore the possibility of acquiring the property. Mayor Parks explained that the Parks Board recommended the development of a master park plan to City Council. The City is now in the process of finding a planner who will be able to recommend the highest and best use for that land and what use would be beneficial to the City. Traffic Committee Report Royce Hassell, Chairman of the Traffic Committee, presented a recommendation for the intersections of Bissonnet, Academy, Judson and Browning. The recommendation included the following: (1) Closing of Browning at Academy: curb and back fill the end of Browning and landscape the area. Install a dead-end street sign on the east end of Browning. A survey of the residents in the 3900 block of Browning proved 100% in favor of this plan. (2) Install a right turn only lane with a traffic island at Judson, eastbound at Bissonnet. Establish a no parking zone on the east end of Judson to make the traffic island workable. (3) The Traffic Committee would contact Eastern Star and propose a curb cut to Bissonnet to relieve traffic conges on on Browning Street. (3) Contact City of Houston and request a new amber li t. (4) Install in a left turn lane on Bissonnet eastbound at Academy. (5) Striping the streets to promote proper vehicle movement. City Council Workshop Session, March 31, 1988 Councilmember Schwartzel asked if the City closes Browning Street has the City abandoned that portion of the street. Staff would check and report to Council. Mayor Parks suggested the County and Metro be contacted to see if they would help to get a red light at the intersection. City Council agreed to proceed with what the city can do now and work with Houston and Harris County for their assistance. Staff is to investigate what is legally required to close a street. Personnel and Compensation System Proposal City Manager, Richard Rockenbaugh, introduced a proposal for a personnel and compensation system proposal under the direction of Dr. R. J. Harvey. This proposal offers more than another one considered and accomplishes what the various department heads have requested. This is a city wide study and the employees are involved and in the process from the beginning. The proposed plan would include comprehensive task analysis, objective measurement of work oriented job dimensions, comprehensive job descriptions, a task based performance evaluation system and a compensation system. The cost for the city-wide system is $11,000, all inclusive, and will take approximately 8 to 12 weeks to accomplish. Mayor Parks recommended staff check the references with other cities who have used this company to see the monetary effect, and the complexity of maintaining the system. Councilmember Britton recommended the City pursue a simpler plan that would establish broad job descriptions and a salary schedule. He was not in favor of the plan as proposed. After further discussion, Council agreed staff should proceed to check references and report further recommendations and suggestions at a future workshop. Items to be included in the proposed Bond Issue The City Manager and Director of Administration reviewed proposed items totaling $9,400,000, to be included in the bond issue: (1) $1.1 million for construction of a water treatment plant. Mr. Rockenbaugh suggested this item is one that can be postponed, but staff wanted to include it in the discussion. (2) $300,000 for Police/Fire Communication System. Chief Griffith explained it would be better to have an integrated system for fire and police. The departments experience some performance problems with the current system. Presently the Fire Department and Public Works are on the same band. The Police Department shares a ? City Council Workshop Session, March 31, 1988 channel with the Southside Place Police. Chief Griffith recommended the city purchase a 800 Megahertz system. The system could be phased in, but if we do, the system would not be able to connect with all departments. Mr. Rockenbaugh pointed out the city has repaired the existing equipment frequently. It could be approached in the budget, but it is such a large item, he thought it appropriate to discuss putting it in the bond issue. Councilmember Schwartzel suggested purchasing part of the system at the end of one budget year and the remainder at the beginning of the next budget year. (3) $1,500,000 for streets. Mr. Rockenbaugh suggested that after areas are completed for water and sewer repairs, the city can repair the streets. If City Council agrees, the replacement cost for those streets, including storm sewer repairs and curb and gutters could be more accurately estimated. Streets suggested for improvements are as follows: West University First Subdivision, West of Buffalo North & South Mercer Sewanee Westchester Rutgers East & West Duke Pittsburg Carnegie Cason Corondo Court Councilmember Bryan suggested an awareness campaign to see if residents want their streets fixed. Mayor Parks recommended Council defer whatever can be deferred at this time. Councilmember Britton agreed to defer what can be deferred without the streets deteriorating to the point they will be more costly to repair or replace at a later time. Councilmember Schwartzel suggested maybe the city needed a street study. It was agreed to leave the items on the bond issue and discuss them with the Financial Advisors. Director of Administration is to report on the full $9.4 million and the $7.6 million items to see the impact each addition will have. Closed executive session Mayor Parks recessed the workshop session to go into a closed executive session as authorized by the Open Meetings Act, TEX. City Council Workshop Session, March 31, 1988 REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2(g) discussion of personnel: City Secretary review. Upon conclusion of the closed session Mayor Parks reconvened the workshop in open session. Council Comments City Council discussed various reports. Staff Report Mr. Rockenbaugh had nothing further for Council IS consideration at this time. Adjournment There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 9:23 p.m. a/.~rr. acl,~ Audrey Ni 1s City Secre ary I ~; CITY COUNCIL SPECIAL MEETING APRIL 4. 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in special session in the City Hall Council Chamber, 3800 University Boulevard. in the City of West University Place. on Monday. April 4. 1988. with the following members present: Mayor Parks. presiding; Councilmembers Bryan. Bell and Schwartzel. Councilmember Britton was absent. Also present were the City Manager. City Secretary. City Attorney and the Chief of Police. Mayor Parks convened the meeting and stated the purpose of the special session was to consider the disciplinary personnel appeal of Bernard Kammerman. Bernard Kammerman and his attorney. Michael David Peck were present. Several residents were in the audience. From the audience. Joan McCay stated she was at City Hall at 6:30 p.m. today and the agenda was not posted on the front door for public viewing. She suggested the 72 hour requirement for posting agendas was violated. City Manager. Richard Rockenbaugh, asked the City Secretary where the agenda was posted. The City Secretary responded it was posted on the front door. Ms. McCay stated the agenda was not on the front door. At that point. Mr. Rockenbaugh left Council Chamber to see if the agenda was posted and returned with the agenda he removed from the front door. Mayor Parks reviewed the agenda and the certification of posting signed by the City Secretary. Mayor Parks asked the City Secretary if she had personally posted the agenda. The City Secretary responded she had personally posted the notice of the meeting. Mayor Parks thanked Ms. McCay for her procedural remarks. however. at this point, the Mayor recognized the agenda as posted in accordance with the requirements of the Open Meetings Act. Mayor Parks explained that City Council was sitting as an appellate review board. There would be no live testimony given and no comments from the audience. City Council was to review the facts as they have been found in light of procedures of the personnel policy and to make a dete~ination whether in fact the City Manager and/or staff rendered a proper decision in the case. M~or Parks addressed those present at the table: Members of City Council; City Manager. City Attorney. Chief of Police. Bernard Kammerman. and his attorney. Michael David Peck. The Mayor inquired as to whether all present had a copy of the list of procedures. All present responded affirmatively. Mayor Parks read the procedures. as follows: (1) Procedural background briefing (by City Attorney) and consideration by Council of the order of presentation for the hearing. (2) Presentation of the examiner's materials Special City Council Meeting, April 4, 1988 (3) Applicant's opening presentation a. Applicant or his attorney b. Questions by Council (4) Staff presentation a. Chief Griffith or designee b. Questions by Council (5) Applicant's response and closing presentation a. Applicant or his attorney b. Question by Council Mayor Parks asked the City Attorney to present the procedural background briefing. City Attorney, James L. Dougherty, Jr., gave a procedural history of the case involving Police Officer Bernard Kammerman. In June, 1987, there was an incident over on Weslayan at the corner of Purdue involving Officer Bernard Kammerman and what then appeared to be the physical abuse of a prisoner. The Police Department had the matter investigated and held an internal fact-finding review committee, followed by the Chief of Police's recommendation for disciplinary action to Officer Kammerman. Chief Griffith's written recommendation to terminate Bernard Kammerman and all materials were reviewed by the City Manager at the request of Officer Kammerman. A hearing was held with Officer Kammerman, his attorney, the City Manager, Chief of Police, and the City Attorney, to review the charges and evidence and review the responses. Officer Kammerman had the opportunity at that time to respond. Chief Griffith and Mr. Rockenbaugh submitted a statement of charges and correspondence at the hearing to Officer Kammerman and his attorney. In September 1987, Mr. Rockenbaugh, after reviewing the matter, issued a memorandum which affirmed the proposed decision of Chief Griffith and also provided for the further right of appeal. The applicant appealed his termination to the City Council. This City Council, previously by motion, formally accepted the appeal and in October, established a set of procedures to be followed for Council's consideration of the appeal. The procedures included the appointment of a hearing examiner to gather up the entire record, hear testimony, if necessary, and bring it forward to the City Council. That process has now been completed. The large black binder and the blue binder in the center of the table contains the hearing examiner's certified record, it contains the hearing examiner's proposed findings of fact and conclusions of law that he has reached and certified to the City Council. At the applicant's request, this is a public hearing. The purpose of the public hearing according to Council's previously adopted procedures is to provide for presentations from both the applicant and from city staff. The City Attorney recommended that Council formally receive the record that has been sent to the Council by the hearing examiner, such record consisting of the black binder and the blue binder on the table in front of Council tonight. ? < Special City Council Meeting, April 4, 1988 Mayor Parks asked Mr. Peck if he had reviewed both documents. Mr. Peck responded he had reviewed both documents, but he objected to the submission of the materials. Michael David Peck, Attorney for the applicant, stated that they were objecting to all the materials that had been tendered to the Council by the examiner. It is our contention that the examiner did not have jurisdiction to hear the case. I realize the Council is meeting in an appellate capacity, but to have an appellate function there has to have been at some time a hearing. Mr. Kammerman from the outset has not had an opportunity to present a defense. In the Chief's letter notifying Mr. Kammerman of his termination he has a paragraph concerning appeal procedures and according to the letter, the appeal is supposed to go to the City Council after being reviewed by the City Manager. Mr. Peck could find no documentation providing for a hearing examiner. There is no evidence presented to the examiner at the time that the examiner convened the hearing because I felt, and still feel, the examiner had no jurisdiction or authority at the hearing. The examiner was acting through the delegation of authority from the City Council to review the facts that were from what he assumed was a hearing. I believe the fallacy is there was never a hearing. Mayor Parks asked if in fact Mr. Peck had a chance to review the information to make the objection. Mr. Peck answered affirmatively. Mayor Parks stated that at this time he would entertain a motion to accept the material presented by the examiner. Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that City Council accept the hearing examiner's report as presented and on the table for tonight's public hearing. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton Mayor Parks announced that at this time, there would be a presentation by the applicant or his attorney followed by questions from City Council . Mr. Peck presented statements concerning Bernard Kammerman. Basically, Mr. Peck recognized the public hearing as an appellate procedure. However, his client had not had a hearing to appeal from. He has been denied due process, equity and fairness from the onset of this incident from June or July of last summer. The one hearing was a fact-finding review committee that was delegated by the Police Chief Griffith to interview witnesses and to review the facts of the case. The committee exonerated Mr. Kammerman by a letter with a majority decision. I believe that at that point in time Mr. Kammerman found himself absolved until he received shortly thereafter a letter from the Chief of Police which took the decision of suspending permanently Mr. Kammerman. A grand jury case was prepared by Chief Griffith and taken to the grand jury. For some reason the defendant or suspect failed to show up or testify. Addressing the materials that have been Special City Council Meeting, April 4, 1988 C) ( presented, under objection, I believe the record will show that uncontroverted that Officer Kammerman was never given a hearing except after his suspension and after his termination. All the hearings were appellate. The burden is not on Mr. Kammerman to his innocence. The burden is on the Police Department to prove offense did occur. it is prove that an When speaking to the examiner, Judge Schneider, I emphasized to him that it was not his place to act in the stead of the City Council. It was not his place to issue his own opinion or opinion testimony as to the worth or validity or credibility of my witnesses. The sum total of the examiner's material which you have before you are affidavits from individuals who have not been cross examined, of people I know nothing about, of people that Mr. Kammerman has never met. There is never any evidence presented to the examiner because the Chief's own letter stated that Mr. Kammerman could appeal directly to the City Council. With all due respect, I believe the examiner is and was a waste of time. I think this should have gone directly to the City Council. I believe Mr. Kammerman should be afforded a hearing and that he was terminated prior to having a hearing. The burden is on the City to present witnesses to afford Mr. Kammerman a hearing. Mr. Kammerman had an exemplary record with the West University Place Police Department. Mayor Parks asked Mr. Peck if he had case law to cite? Mr. Peck answered he did not have case law to cite with him, but he could get it. Mayor Parks asked him to cite the case law on the issue as to whether in fact an appointed person who served as a hearing examiner for City Council is an improper delegation of power. Mr. Peck responded he did not have case law on that. Mayor Parks emphasized to Mr. Peck that if there has been a violation of state or federal law, it would be most helpful to know before City Council makes a decision. City Council would need the specific cases which directly apply. City Council is trying to determine the facts and also the law. Mayor Parks stated the items: due process, burden of proof, timely presentation of charges and the appointed position (whether an examiner should sit). Mayor Parks asked Chief Griffith to make a brief statement on behalf of staff. Chief Griffith presented statements on procedural responsibilities of police officers. Chief Griffith reviewed the facts of the case from June 22, 1987, when the incident occurred. Section 4.11 of the current police policy manual speaks to the use of a baton. Subsection 3 states that officers are reminded that they are to use only that force which is necessary to effect an arrest. In this case, the suspect had previously been arrested and handcuffed by the Officer from Southside Place Police Department. There was no justification for the use of force. Section 4.36 Abuse of Prisoner states: Abuse of a prisoner in any form is absolutely prohibited. Subsection b states that any officer who engages in conduct that results in physical abuse to any prisoner will be suspended indefinitely and information I ?' Special City Council Meeting. April 4. 1988 concerning the alleged abuse will be presented to the grand jury. Since Officer Kammerman had no justification for striking the prisoner.s mid section. the physical action taken can only be classified as abuse. There was no justification for striking a handcuffed prisoner. The type of force used is insignificant whether a strike of baton is used or whether the prisoner.s face is slapped. There was no justification for striking the prisoner and the policy manual of the West University Place Police Department prohibits the abuse of a prisoner. The policy states that any officer who engages in conduct that results in physical abuse to any prisoner will be suspended indefinitely. That policy was written in 1981. The abuse of prisoners was an action that was not tolerated by police departments then and it can not be tolerated today. I strongly feel that this policy is proper in its meaning and in its effect. The police department has to place the value of human life above all others. If we do not hold to that value. we can not guarantee the safety of the citizens we are sworn to protect. I recommend the City Council uphold the ruling of the hearing examiner in this disciplinary matter. Mayor Parks and members of City Council directed questions to both Chief Griffith and Mr. Peck. In conclusion. it was agreed to meet again in public hearing on May 15. 1988. for the purpose of hearing from Mr. Peck concerning the recitation of state and federal law applying to the matters discussed. Mayor Parks adjourned the special meeting at 7:58 p.m. C} ( REGULAR CITY COUNCIL MEETING MONDAY, APRIL 11, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, April 11, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell and Schwartzel. Councilmember Britton was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Councilmember Bryan delivered the invocation and led the Allegiance to the Flag. INTRODUCTION OF NEW PERSONNEL: Chief of Police Stephen M. Griffith introduced the new patrolman, Larry Toma. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton SOUTHWESTERN BELL TELEPHONE FRANCHISE AGREEMENT: Consideration was given to the second reading of Ordinance Number 1314. Mayor Parks read the caption as follows: ORDINANCE NUMBER 1314 AN ORDINANCE RECOGNIZING THIS AGREEMENT GRANTING SOUTHWESTERN BELL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE ALL OF THE PRESENT AND FUTURE STREETS, AVENUES, ALLEYS, ROADS, HIGHWAYS, SIDEWALKS, EASEMENTS AND OTHER PUBLIC RIGHTS OF WAY FOR ITS I Regular City Council Meeting. April 11. 1988 C') .. ( TELECOMMUNICATIONS. AND TELECOMMUNICATIONS RELATED BUSINESS AND COMMUNICATIONS SYSTEM IN THE CITY OF WEST UNIVERSITY PLACE FOR A PERIOD OF 10 YEARS; REGULATING THE USE OF THE STREETS BY THE COMPANY AND THE REPAIR AND RESTORATION OF STREETS DISTURBED BY CONSTRUCTION; CONTAINING A CONTRACT BY THE COMPANY TO FURNISH THE GRADE OF SERVICE TO ITS SUBSCRIBERS AS PROVIDED BY ITS TARIFFS EXCEPT UNDER CONDITIONS BEYOND THE COMPANY.S CONTROL; PROVIDING FOR THE TEMPORARY REMOVAL. RAISING AND LOWERING OF CABLES AND OTHER EQUIPMENT AND MATERIALS; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY OF WEST UNIVERSITY PLACE. PROVIDING FOR USE BY THE CITY OF CERTAIN POLE SPACE. MANHOLE AND CONDUIT SPACE; PROVIDING THAT THIS AGREEMENT SHALL EXTEND TO ALL ANNEXED TERRITORY; PROVIDING THAT THIS AGREEMENT SHALL NOT BE EXCLUSIVE PROVIDING FOR COMPLIANCE BY THE CITY AND THE COMPANY; PROVIDING THE COMPANY.S OBLIGATION TO FURNISH EFFICIENT TELEPHONE SERVICE; PROVIDING FOR ASSIGNMENT BY THE COMPANY; PROVIDING A SEVERABILITY CLAUSE; RESERVING ALL LAWFUL POWERS, CLAIMS AND RIGHTS; PROVIDING FOR INSPECTION OF COMPANY.S RECORDS AND REPORTS; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS ORDINANCE; PROVIDING FOR ACCEPTANCE BY THE COMPANY; AND PROVIDING AN EFFECTIVE DATE. Copies of Ordinance Number 1314. in the form required for adoption. were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan. seconded by Councilmember Bell. that Ordinance Number 1314 be accepted on second but not final reading. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan. Bell, Schwartzel None Councilmember Britton NOISE ORDINANCE ENFORCEMENT: Consideration was given to the second reading of Ordinance Number 1315. Mayor Parks read the caption as follows: ORDINANCE NUMBER 1315 AN ORDINANCE RELATING TO OFFENSES AND MISCELLANEOUS PROVISIONS UNDER CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE; AMENDING THE CODE OF ORDINANCES; PROVIDING FOR AFFIRMATIVE DEFENSE FOR CERTAIN PROSECUTIONS UNDER SAID CHAPTER INVOLVING NOISE AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1315. in the form required for adoption. were available to all members of City Council and a Regular City Council Meeting, April 11, 1988 r~ r' reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that Ordinance Number 1315 be adopted as presented on second and final reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton WATER PRIORITY AREA 7, COLLEGE COURT SUBDIVISION: Consideration was given to Monthly Estimate No. 3 in the amount of $29,673.00 submitted by Bearden Contracting Co., for work performed through March 30, 1988, on the water line replacement project. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Monthly Estimate No.3 in the amount of $29,673.00 be approved for payment to Bearden Contracting Co. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton SANITARY SEWER PRIORITY AREA NO.1, PHASE 2, WEST UNIVERSITY FIRST SUBDIVISION: Consideration was given to Monthly Estimate No.3 in the amount of $238,907.87 submitted by Jamcom Construction Co., Inc. for work performed through March 25, 1988 on the sanitary sewer project. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Monthly Estimate No.3 in the amount of $238,907.87 submitted by Jamcom Construction Co., Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton PURCHASE OF TWO THREE QUARTER TON PICKUP TRUCKS FOR THE WATER DIVISION: Consideration was given to the invoices in the amount of $21,813.36 submitted by Tommie Vaughn Motor Co., for delivery of two pickup trucks to the Water Division. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoices totaling $21,813.36 be approved for payment to Tommie Vaughn Motor Co. Regular City Council Meeting, April 11, 1988 (, {' Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton LEGAL SERVICES: Consideration was given to the invoice in the amount of $7,547.39 submitted for legal services provided on the city's behalf for the month of March 1988. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $7,547.39 be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton COUNCIL COMMENTS: Councilmember Schwartzel acknowledged receipt of the two letters of commendation to the Police Department and asked Chief Griffith to convey Council's appreciation to the officers. STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council's consideration at this time. CITY COUNCIL MEETING MINUTES: Minutes of City Council meetings were presented for consideration, as follows: (a) Workshop City Council Meeting, March 24, 1988; (b) Regular City Council Meeting, March 28, 1988. Councilmember Bryan offered the following corrections to the March 28, 1988, minutes: Hearinq of Residents and Citizens Response to Aaenda Items should reflect that Mayor Pro Tern Bryan invited residents to speak. Motion was then made by Councilmember Bryan, seconded by Councilmember Bell, that the minutes be approved as corrected. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton ADJOURNMENT: There being no further business to come before City Council, the meeting adjourned at 7:37 p.m. Regular City Council Meeting, April 11, 1988 a~ (~( IzAL~ Audrey hols City See etary ? CITY COUNCIL WORKSHOP SESSION MONDAY, APRIL 11, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 8:00 P.M. City Council convened in workshop seSSlon in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, April 11, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Schwartzel. Councilmember Britton was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations and the Chief of Police. Hearinq of Residents There were none present who wished to speak. Discuss and consider items to be included in the proposed bond ;SSIJP and other matters relatinq to the future bond election Marvin Moreland, representing Greer Moreland Fosdick Shepherd, Financial Advisor to the City, distributed copies of proposed bond issue tax rate projections. Discussion was held concerning debt service requirements for various amounts of issue. City Council agreed staff should proceed to send Requests for Proposals for bond counseling services. Mr. Moreland will report the projections for the entire program over a period of years and set up a schedule when the bonds would be sold. City Council selected Saturday, August 13, 1988, as the date to hold the bond election. Discuss alternations to Water Well #9 Dieter Ufer, Consulting Engineer to the City, presented recommendation for alterations to water well #9 to control the sanding problems with the well. The recommendation included a test for iron bacteria at a estimated cost of $9,500. If the iron bacteria is present, the well will need to be disinfected at an estimated cost of $22,350.00. From the test we will be able to determine which strata is sanding. If it is the bottom strata. that one will be sealed off. If the sand is in all three stratums, Mr. Ufer recommended the use of an aquastream filter at an estimated cost of $29,000.00. First, Mr. Ufer recommended the City have the test done to determine the appropriate procedure. City Council agreed to place on the next regular meeting agenda to authorize advertising for bids for repairs to water well #9. Discuss the revised disciplinary and qrievance procedures section of the Personnel Manual City Council Workshop Session, April 11, 1988 l) ( Richard Rockenbaugh and the City Attorney presented an overview of the revised Disciplinary and Grievance procedures. The changes included an added section defining what is not discipline; set up new procedures for disciplinary action, provided for temporary arrangements, described the form the disciplinary action will take, and establishes that the appeal stops with the City Manager. The grievance procedures for the most part is carried forward from the old personnel manual. City Council decided to defer further discussion until a full council was present. Discuss Personnel and Compensation System Proposal Richard Rockenbaugh and Director of Administration, Donna Sims, reported on reference checks for Dr. R.J. Harvey proposal. Councilmember Bryan stated she checked into the model Dr Harvey is using and it is the state of the art. However, she encouraged staff to check with local firms who use the same procedures. Councilmember Schwartzel recommended staff broaden the scope of the interviews to include management consultant firms as well as psychological analysis firms. City Council agreed staff should schedule four different firms to interview with Council. Council Comments Councilmember Bryan recommended staff send letters to those who were to be appointed to the Ambulance Advisory Board explaining the delay of their appointments. She also suggested City Council decide whether to activate the Ambulance Advisory Board. Councilmember Bryan suggested the invoice from Fullbright & Jaworski be checked. Councilmember Schwartzel recommended the Beautification Committee be acknowledged for their hard work in the next issue of City Currents. Mayor Parks suggested staff write a letter to Houston concerning West University's participation in a regional water plant entitlement program and to check to see if there are plans to locate a water treatment plant in our area. Mayor Parks asked if staff knew of treatments of surface water to bring it up to a higher standard. The Mayor asked for a report of improved water efficiency as compared to the water audit percentages of water lost. Donna Sims reported the city had recovered 17% to 18% since the audit. As more of the water improvement plans are implemented, the percentage will improve. Staff Report City Manager, Richard Rockenbaugh, had nothing further for Council's consideration at this time. f) C (' City Council Workshop Session, April 11, 1988 Adjournment There being no further business to come before Council, Mayor Parks declared the workshop session adjourned at 10:40 p.m. OM aU Audrey Ni~ol s e City Secretary CITY COUNCIL WORKSHOP SESSION THURSDAY, APRIL 14, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, April 14, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell and Britton. Council- member Schwartzel came in at 7:12 p.m. Also present were the City Manager, City Secretary, City Attorney, Director of Administration and Director of Operations. Hearinq of Residents There were none present who wished to speak. Communications Committee Report: Vickie Hamley Vickie Hamley advised Council that two people dropped from the Communications Committee. One was added to handle the Ms. Currents article. Ms. Hamley recommended the committee needed 4 people to work on "City Currents". A draft of the Newcomers Brochure will be available for Council IS review sometime in May. The committee members are investigating selling advertising to cover printing expenses. Mayor Parks advised Ms. Hamley to report to City Council if this should be considered a budget item for next year. Ms. Hamley suggested the Historical Subcommittee was working towards a "coffee-table" type history book of West University which would be an item for sale when complete. The committee proposed to do the writing for the book but not video taping which requires an inordinate amount of time. The suggested format is to use a factual history and interject interviews and structure the book in periods of decades. Beautification Committee Report: Chuck Sawyer Mr. Sawyer advised Council that currently there was a vacancy on the committee that needed filling. Also, he recommended Beautification stand as its own committee and increase the membership to 10 or 12 members. He discussed the possibility of the Beautification Committee acting as an activist for the garden club for city projects and park reworking. Mr. Sawyer had a list of suggested appointees should Council agree to expand the membership. Mayor Parks advised that Souths ide Place is interested in the beautification projects and will participate. The Mayor also suggested the use of the "City Currents" as a way to let residents know we need volunteers. [\ (' City Council Workshop Session, April 14, 1988 Mr. Sawyer suggested people be encouraged to donate plants from house locations where the houses are torn down. The plants could be stored until they are needed. Charter Review Committee The City Attorney reviewed the requirement to appoint a Charter Review Committee. The committee will be a lesser type of a body than a Charter Commission. The committee shall be composed of 7 residents to study the Charter for suggested amendments. The term of office of the committee is six months unless extended by Council. The purpose of the committee is to inquire into the operations of the City government and review the existing Charter to determine whether the Charter needs revision. The committee is to make a written report of its findings and recommendation for proposed amendments to Council by the end of the six months. By State law, proposed amendments shall be presented on the ballot prepared so that a voter may approve or disapprove each amendment. City Council agreed to consider the list of residents in closed session at the next workshop. $1.00 check-off for park contributions The City Attorney outlined procedures for collecting donations for parks through the water billing process. After discussion it was agreed to add the check-off box to the utility bills should a resident wished to donate to the parks fund by checking $1.00 or an amount more than a $1.00 to the utility bills. Director of Administration, Donna Sims, suggested she would soon be able to have a draft of the proposed utility bill for Council's review. Construction requlations and related procedures City Manager, Richard Rockenbaugh, distributed copies of the draft "Contractor Company. s Letter" for Council review. Several changes were suggested by Council which are to be included in the draft and submitted again for Council's consideration. Closed Executive Session City Council chose to not go into a closed session. Council Comments It was suggested staff investigate the easement in front of Mr. Hanna's house on Centenary. The easement sunk after utility lines were installed. Staff Report Richard Rockenbaugh had nothing further for Council's consideration. City Council Workshop Session, April 14, 1988 Adjournment There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 9:05 p.m. Audrey Nichols City Secretary o ~ ~ ( CITY COUNCIL WORKSHOP SESSION THURSDAY, APRIL 21, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place on Thursday, April 21, 1988, with the following members present: Mayor Parks presiding; Councilmembers Bryan, Bell and Schwartzel. Councilmember Britton was absent. Also present were the City Manager, City Secretary, Director of Administration, Director of Operations, the Fire Chief and Chief of Police. Hearinq of Residents There were none present who wished to speak. Interview with professional service firms relative to personnel and compensation systems City Council interviewed the following: Dr. R. J. Harvey Representatives from the American Productivity Center Representatives from Jeanneret & Associates, Inc. Representatives from Peat Marwick General discussions were held with each group. City Council agreed to discuss the question again when a full Council could be present. Discuss the revised disciplinary and grievance procedures section of the Personnel Manual City Manager, Richard Rockenbaugh, reviewed the procedures. As the section is now written, the appeal ends with the City Manager. This procedure ta City Council out of the issue and follows the City Manager form of government and the City Charter. Councilmember Bryan was not in favor of the procedures and felt the appeal should still go to the City Council. Mayor Parks, Councilmembers Bell and Schwartzel agreed with the procedures as written. Richard Rockenbaugh suggested adding a provision making it a standard policy for an exchange of information during an appeal process such as a report from the City Manager rel ing the occurrence and action taken. City Council agreed to place this item on the agenda for the next regular meeting on April 25, 1988. City Council Workshop Session, April 21, 1988 ,) ( . Council Comments Councilmember Bryan inquired into the circumstances surrounding a demonstration on Rice Blvd. Councilmember Bell asked about the work at Academy and Bissonnet. Councilmember Schwartzel thanked staff for helping the Beautification Committee. Mayor Parks reported on the meeting with Metro concerning the expanded sales tax rebate. At the meeting, it was decided by a 10-23 vote that the rebate be based on 1/3 each equal share, population and sales tax. West University will get approximately $7,100.00 to be used for approved transit projects. Staff Report Richard Rockenbaugh distributed copies of the draft agenda for Monday's meeting. Adjournment With no further business to come before City Council at this time, Mayor Parks declared the workshop session adjourned at 10:07 p.m. {l~ (JpuL- Audrey Ni~lS City Secre ary ,) { . CITY COUNCIL WORKSHOP SESSION APRIL 25, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 8:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, April 25, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, Director of Operations, Fire Chief and Chief of Police. Hearinq of Residents: There were none present who wished to speak. Discuss and consider selection of professional services to conduct Personnel and ComDensation System Analysis Mayor Parks opened discussion on the selection of a personnel and compensation system analysis firm. Councilmember Britton opposed the four plans presented for consideration. He favors broad job descriptions that may be negotiated between the employee and supervisor on a yearly basis. He was concerned the internal implementa on and maintenance of any of the four systems would prove too costly. He suggested dealing with the personnel problem areas where they exist. Councilmember Bell asked if the analysis could be done in-house. Richard Rockenbaugh explained that doing the study in-house would accomplish nothing more than the system in operation now. The city does not have the staff to do the study and staff does not have the expertise. A major benefit of an outside analysis is the city would be better able to defend its policies and procedures, its job descriptions and compensation schedule. Some of the points brought out by Councilmember Britton are currently covered during the annual review. The internal cost has been calculated by staff. Councilmember Bryan agreed with the need for the study, however she was not sure the staff1s recommendation was the better choice. Councilmember Bryan favored the American Productivity Center's proposal. Councilmember Schwartzel expressed his reluctance to go to an approach that extensively lists the tasks. He thought it would not provide flexibility. Councilmember Schwartzel thought the major benefit of any study would be to develop a feed-back system for the employees. He did think there was some benefit gained from a periodic salary survey. He was interested to see what City Council Workshop Session, April 25, 1988 ('\ {_&: economies could be achieved through a study of the city's human resources. Councilmember Bryan expressed her support of staff's position. Mayor Parks suggested the City needed to do the study, however, he questioned whether Dr. Harvey was the best for the City. However, he suggested Council approve what staff recommended. Councilmember Bell moved that staff make a comparison of Dr. Harvey's proposal and American Productivity Center's proposal and report back to Council. Councilmember Bryan seconded the motion which was voted on and carried. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell. Britton, Schwartzel None None Closed Executive Session Mayor Parks recessed the workshop session to go into a closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2(9) Discussion of personnel: Charter Review Committee. Reconvene in open Workshop Session At the conclusion of the closed executive session, Mayor Parks reconvened the workshop session in open meeting. Council Comments Various reports were discussed. Staff Report City Manager, Richard Rockenbaugh, had nothing further for Council's consideration at this time. Adjournment There being no further business to come before City Council, Mayor Parks declared the workshop session adjourned at 9:50 .m. ~w~ Audrey Nic 0 s City Secretary (~ ' {' REGULAR CITY COUNCIL MEETING MONDAY, APRIL 25, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, April 25, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, Fire Chief and Chief of Police. Councilmember Bell delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted the City Manager. Mrs. Elizabeth McRoberts, 2727 University Blvd., addressed Council with her concern for small children riding with no helmets behind their parents on bicycles. She asked Council to consider an ordinance to require that small children wear a helmet when riding a bicycle. Mayor Parks thanked Mrs. McRoberts for her suggestion and referred the suggestion to the City Manager for investigation and determination of appropriate action for City Council. Mr. E. F. Davis, 4235 Amherst, had questions concerning the five foot setback requirements for new construction. A house is being built next to him which is not set back five feet. The garage was located in the front part of the lot. Mayor Parks advised Mr. Davis that several things would have to be considered. Whether the construction was permitted under the old zoning ordinance and whether the location of the driveway would make a difference. Councilmember Bell suggested that from Mr. Davis' description, the house was most likely permitted under the old zoning ordinance. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda, Regular City Council Meeting. April 25. 1988 \ 2:3b CONSENT AGENDA: Motion was made by Councilmember Bryan. seconded by Councilmember Bell. that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: M~or Parks, Councilmembers Bryan. Bell. Britton. Schwartzel None None SOUTHWESTERN BELL TELEPHONE FRANCHISE AGREEMENT: Consideration was given to the tfilrd and 'inalr reading of Ordinance Number 1314. Mayor Parks read the caption as follows: ORDINANCE NUMBER 1314 AN ORDINANCE RECOGNIZING THIS AGREEMENT GRANTING SOUTHWESTERN BELL TELEPHONE COMPANY. ITS SUCCESSORS AND ASSIGNS. THE RIGHT TO USE ALL OF THE PRESENT AND FUTURE STREETS. AVENUES. ALLEYS, ROADS, HIGHWAYS. SIDEWALKS, EASEMENTS AND OTHER PUBLIC RIGHTS OF WAY FOR ITS TELECOMMUNICATIONS. AND TELECOMMUNICATIONS RELATED BUSINESS AND COMMUNICATIONS SYSTEM IN THE CITY OF WEST UNIVERSITY PLACE FOR A PERIOD OF 10 YEARS; REGULATING THE USE OF THE STREETS BY THE COMPANY AND THE REPAIR AND RESTORATION OF STREETS DISTURBED BY CONSTRUCTION; CONTAINING A CONTRACT BY THE COMPANY TO FURNISH THE GRADE OF SERVICE TO ITS SUBSCRIBERS AS PROVIDED BY ITS TARIFFS EXCEPT UNDER CONDITIONS BEYOND THE COMPANY.S CONTROL; PROVIDING FOR THE TEMPORARY REMOVAL. RAISING AND LOWERING OF CABLES AND OTHER EQUIPMENT AND MATERIALS; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY OF WEST UNIVERSITY PLACE, PROVIDING FOR USE BY THE CITY OF CERTAIN POLE SPACE. MANHOLE AND CONDUIT SPACE; PROVIDING THAT THIS AGREEMENT SHALL EXTEND TO ALL ANNEXED TERRITORY; PROVIDING THAT THIS AGREEMENT SHALL NOT BE EXCLUSIVE PROVIDING FOR COMPLIANCE BY THE CITY AND THE COMPANY; PROVIDING THE COMPANY.S OBLIGATION TO FURNISH EFFICIENT TELEPHONE SERVICE; PROVIDING FOR ASSIGNMENT BY THE COMPANY; PROVIDING A SEVERABILITY CLAUSE; RESERVING ALL LAWFUL POWERS. CLAIMS AND RIGHTS; PROVIDING FOR INSPECTION OF COMPANY.S RECORDS AND REPORTS; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS ORDINANCE; PROVIDING FOR ACCEPTANCE BY THE COMPANY; AND PROVIDING AN EFFECTIVE DATE. Copies of Ordinance Number 1314. in the form required for adoption. were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Britton. seconded by' Councilmember Bell. that Ordinance Number 1314 be adopted on third and final reading as presented. i1 r 0_0.0 0 0 0:1f' 1 ;OJ o 0']:1 0" r: Regular City Council Meeting, April 25, 1988 q '; ( Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ESTABLISHING PARKS FUND: Consideration was given to the first reading of Ordinance Number 1316. Mayor Parks read the caption as follows: ORDINANCE NUMBER 1316 AN ORDINANCE ESTABLISHING A PARKS FUND; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS~ AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Copies of Ordinance Number 1316, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Ordinance Number 13166 be accepted on first reading as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None REVISED DISCIPLINE AND GRIEVANCE PROCEDURES. CHAPTER VII, PERSONNEL POLICY: Consideration was given to the first reading of Ordinance Number 1317. Mayor Parks read the caption as follows: ORDINANCE NUMBER 1317 AN ORDINANCE RELATING TO PERSONNEL MATTERS; PROVIDING STANDARDS AND PROCEDURES FOR DISCIPLINE AND GRIEVANCES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1317, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Ordinance Number 1317 be accepted on first reading as presented. Regular City Council Meeting, April 25, 1988 Councilmember Britton asked the City Attorney under what legal implications does this place the City. The City Attorney advised that compared to the present practice, not a great burden. Under the present practice, the procedures may be more involved as what is proposed because there are more levels in the appeal process. The proposed procedures are simpler with essentially two levels. It does address a number of things that have come up over the years under the old policy. The proposed procedures does leave final decision at the City Manager level which is consistent with the City Charter. Councilmember Britton further inquired if it were appropriate for the procedures to be adopted by ordinance or would it be better left as a policy matter. The City Attorney recommended the procedures be in the form of an ordinance because it lends a greater dignity to it. It also insures that it is published and widely disseminated in all copies of the ordinance books. It is acceptable to leave it in policy form if that is Council IS wish. Councilmember Britton asked the City Manager, Richard Rockenbaugh, if the procedures are something that will help him as opposed as to how you have been operating. City Manager, Richard Rockenbaugh, stated that in the proposed form, the procedures are simpler and a great deal more definitive. The responsibility will be greater on the City Manager since my decision will be final. There is no doubt about the procedure being clearer and easier to understand. Councilmember Bryan asked, because the City is so small and the likelyhood of a department head discussing a dismissal or suspension in advance with the City Manager, is there any liability to the City in having an appeal going to someone who probably has been involved in the dismissal or the suspension. City Attorney responded that it was almost inevitable that would happen in most jurisdictions and cities because people are in constant contact with each other. The chances are a number of people are going to know about it. These kind of things are subject to communication within any organization. It could be a problem, however, the City Attorney thought the best advice to the City Manager, if he is acting in this review capacity, is to avoid becoming personally involved in investigating or in actually making the initial determination. The best advice was to keep an open mind in the matter. The City Manager would need to do that in order to be fair. Yet he must have day-to-day knowledge of the operations of the City. As long as the City Manager keeps an open mind about things that might come to him, that is the best you can do. The only way to avoid it would be to have a civil service commission to serve an appeal function. 1:.... -. (" _ Regular City Council Meeting, April 25, 1988 Councilmember Bryan asked, from the legal standpoint, is it important to have an independent appeals body? Mr. Dougherty from the point of view of strict hearings and courtroom type proceedings, of course it is important. However there is a policy trade off that when you have a separation of decision making on disciplinary matters from decisions made on city management matters, they can be working at cross purposes. When you centralize responsibility, you can have it over all policies and over all direction of the city which is harmonious. You give up something by having specialized functions; you gain something as well. You gain the dispassionate objectivity. But you do give up that centralized decision making ability that is inherent in the city manager form of government. Councilmember Bell offered that the Charter Commission of 1983 wrote the charter for a strong city manager form of government. Councilmember Schwartzel expressed his opinion that he did not think having an appeal board would not make the decision any more objective. Councilmember Schwartzel offered the following amendment to Section 2: to add "Such prior procedures are continued in effect for all pending appeals. II Councilmember Bell accepted the amendment. Voting Aye: Mayor Parks called for a vote on the amendment. Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Mayor Parks called for a vote to accept Ordinance No. 1317 on first reading as amended. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Schwartzel Councilmembers Bryan, Britton None APPOINTMENT OF RABIES CONTROL OFFICER: Consideration was given to the appointment of the local health authority for the purposes of the Rabies Control Act of 1981. Motion was made by Councilmember Bell, seconded by Councilmember Bryan that the Chief of Police be appointed Rabies Control Officer for the City. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Regular City Council Meeting, April 25, 1988 PROCLAMA I IONS: follows: C\ ( . Mayor Parks proclaimed the first week in May, as (a) ( b) (c) Clean Air Week, American Lung Association Water Utilities Awareness Week, State of Texas Suicide Prevention Week, Crisis Intervention of Houston, Inc. (d) Optimist Bike Safety Week, Optimists Clubs of West University Place Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the proclamations be accepted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ROOT REMOVAL AND T.V. INSPECTION OF STORM DRAIN LINES ON RICE BLVD.: Consideration was given to therecommendatlon for award of contract for the Root Removal and T.V. Inspection of designated storm drain lines. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council accept staff's recommendation and award the contract to the low bidder, Insituform Gulf South, Inc., at their bid amount of $7,199.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None FRANCHISE NEGOTIATION: Consideration was given to the invoice in the amount of $5,040 submitted by Municipal Administrative Services, Inc., for services rendered in connection with the Southwestern Bell Franchise negotiation. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice in the amount of $5,040.00 be approved for payment to Municipal Administrative Services, Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None WATER WELL #9: Consideration was given to authorizing Langford Engineering Inc. to perform the following relative to repairing Water Well #9: Regular City Council Meeting, April 25, 1988 (~ ~ I ,_ (a) preparation of plans and specifications; (b) authorization to advertise for bids. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council authorize Langford Engineering, Inc., to perform the engineering services as requested. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ENGINEERING SERVICES RELATED TO VARIOUS UTILITY PROJECTS: Consideration was given to the invoices totaling f10,985.02 submitted by Langford Engineering, Inc., for engineering services performed on various utility projects, as follows: (a) Invoice in the amount of $7,709.24 for Phase 2, Priority Area No.1, Sanitary Sewer Renovations, West University 1st Subdivision; (b) Invoice No. 5426 in the amount of $677.69 for Priority Area No.7 Water Line Replacement, College Court Subdivision. (c) Invoice No. 5427 in the amount of $1,980.41 for Phase 3, Priority Area No.1, Sanitary Sewer Renovations, West University 1st Subdivision; (d) Invoice No. 5428 and final in the amount of $484.82 for Improvements to Wastewater Treatment Plant Sludge Thickener and Digester; (e) Invoice No. 5429 in the amount of $132.86 for Study to fully automate Wakeforest Water Plant. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None COUNCIL COMMENTS: Mayor Parks welcomed the Boy Scout Troop from St. John Divine School. The Scouts were working on the Citizenship in the Community Merit Badge. Regular City Council Meeting, April 25, 1988 Councilmember Bell asked about the Cellar Door property. Richard Rockenbaugh advised that the Cellar Door had been notified to clean and mow the property. Councilmember Bell inquired what was the status on closing Browning Street. Mr. Rockenbaugh reported there was progress but the City needed to determine if a public hearing was required before closing the street. STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council to consider at this time. CITY COUNCIL MEETINC MINUTES: Consideration was given to the minutes of City Council meetings, as follows: (a) City Council Workshop Session, March 31, 1988; ( b) Special City Council Meeting, Apri 1 4, 1988; (c) Regular City Council Meeting, Apri 1 11, 1988; ( d) City Council Workshop Session, Apri 1 11, 1988 ; (e) City Counci 1 ~Jorkshop Session, Apri 1 14, 1988 Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the minutes of the meetings be approved as submitted. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ADJOURNMENT: There being no further business to come before City Council, Mayor Parks declared the meeting adjourned at :57 p.m. Mayor &1/~ f1eckL Audrey Ni ls City Secre ary f) ~ ( ~ CITY COUNCIL WORKSHOP SESSION THURSDAY, MAY 5, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, May 5, 1988, with the following members present: Mayor Pro Tern Bryan, presiding; Councilmembers Bell, Britton and Schwartzel. Mayor Parks came in at 7:53 p.m. Also present were the City Secretary Director of Administration, Director of Operations, Fire Chief and the Chief of Police. Hearing of Residents: There were none present who wished to speak. Ambulance Advisorv Board Report: Dr. Winston Dr. Winston reported on the Ambulance Advisory Committee. Councilmember Schwartzel explained that during the interview process for boards and committees, several residents expressed a desire to function with the senior citizens in the field of health education and to provide various medical services free to the seniors. During that process, City Council decided to place these people on the Ambulance Advisory Committee for direction under the Medical Director. Dr. Winston agreed to include this function into the Advisory Committee. After further discussion, City Council agreed to have the City Attorney prepare an amendment to the Ambulance Advisory Committee section of the Code to read: The Ambulance Advisory Committee shall be authorized to do such other functions as may be requested by City Council. Discuss and consider selection of Drofessional services to conduct a Personnel and Compensation System Analvsis Chief of Police, Steve Griffith, reported that he talked to Bill Buhl with the American Productivity Center. Mr. Buhl advised Chief Griffith that he did not have experience in the type of objective task analysis study being sought. On that basis, staff could not recommend the American Productivity Center. Councilmember Bryan reported she had done some investigati and had determined that Dr. Harvey was offering a canned computer program. What APC is offering is a more custom-designed study. Councilmember Bryan felt that for one-half the money APC would be willing to work the City's study and would serve the same purpose. City Council Workshop Session, May 5, 1988 r) r ~ Chief Griffith advised that staff decided to take an alternative step to perform the study now and defer the computer program to next year. The computer software is not critical to performing the analysis at first. The American Productivity Center's proposal would set up a task force based on four categories which is almost the identical process that the City used three years ago. The employees are very aware of the problems that occurred three years ago and will be reluctant to give their full cooperation to another study of that type. Effective objectivity to determine employee skills is better than measuring the employees I values. Councilmember Schwartzel did not see the difference in a detailed task analysis and a detailed job description. He thought managers might use the analysis to drive up the compensation schedule. Chief Griffith stated Dr. Harvey's program will force the managers to react responsibly with respect to compensation for what their employees are doing. Councilmember Britton felt City Council should provide a reasonab"le amount of funding, then management should be given some latitude. Councilmember Schwartzel agreed with the concept that Council provide the funds for the City Manager and give him the latitude as long as the City Manager is convinced of the approach. Councilmember Bryan suggested City Manager, Richard Rockenbaugh, and Chief Griffith report back to Council at the next workshop with a specific amount of money and their recommendation of the firm. City Council agreed to consider the study at the next workshop session. Report on Charter Review Committee The following agreed to serve on the Charter Review Committee: Betty Sellers Louis Sklar Jerry Nickell Mark Spradling Reid Wilson Ken Thorn Janet Redeker No action was required of City Council at this time. The Charter requires these appointments be made during the first regular City Council meeting in June. Council Comments Councilmember Bryan suggested the Cable TV Subcommittee be scheduled for a workshop to discuss their report. Councilmember Bryan expressed her concerns over the low municipal court revenues. Chief Griffith advised her that a new program was beginning to deal with the matter of traffic control. ')r (, City Council Workshop Session, May 5, 1988 Staff Report Chief Griffith reported on the accident that occurred on Community Drive at University Blvd. Director of Operations, Curtis Cooper, discussed a resolution required by the Subsidence District in which the city states its intention to convert to surface water. Mayor Parks recommended that the City Attorney be instructed to determine if the Subsidence District had the authority to require a city to comply with the surface water conversion demand by submission of a resolution. The Mayor further recommended that if a resolution is required, the language strictly follow that of the statute requiring conversion to surface water. Curtis Cooper discussed an irregularity in the bidding process to reroof the Fire Department. The low bidder was $1900.00 below the second low bidder. The low bidder failed to send a bid bond with the bid documents as required by the specifications. The bidder contacted staff the day of the bid opening stating he forgot to enclose the bid bond with the bid form. Further, the low bidder delivered the bid bond to City Hall early the next day. Evidence indicated the bid bond was purchased several days before the bid deadline and staff recommended that City Council waive the bidding technicality and award the contract to the low bidder. City Council agreed to place this item on the agenda for May 9, 1988, regular meeting. Mr. Cooper reported a street cave-in at the intersection of Academy and Tennyson. Repairs would necessitate closing Tennyson to through traffic. Councilmember Bell requested temporary IINo Parking" signs be placed on the detour street until the cave-in was fixed. The draft copy of the agenda for Monday.s regular Council meeting was distributed for Council IS review. Discuss and consider employment of Bond Counsel Councilmember Schwartzel presented and signed the following: AFFIDAVIT STATE OF TEXAS S COUNTY OF HARRIS s BEFORE ME, the undersigned authority, on this day personally appeared C. BOONE SCHWARTZEL, who being by me first duly sworn did depose and say as follows: City Council Workshop Session. M~ 5. 1988 ''),- .. t. . \) '.. AMy name is C. Boone Schwartzel. I am a partner in the Vinson & Elkins law firm. I have a Usubstantial interestU (as that term is defined in Chapter 171 of the Texas Local Government Code) in the Vinson & Elkins law firm. in that I own a partnership interest in that firm which in all probability exceeds $2500 in value and in that funds received by me from said firm exceeded 90S of ~ gross income for the previous year. Even though I do not anticipate being directly benefited from any city contract with Vinson & Elkins law firm. I am filing this affidavit before a vote or other decision on any matter involving the Vinson & Elkins law firm. and I intend to abstain from further participation in any such matter.D Affiant SUBSCRIBED AND SWORN TO before me. by the said C. BOONE SCHWARTZEL this 5th day of May . 1988. to certify which witneiiiffiY1hand and seal of office. My commission expires . 19_. Mildred Miller Notary Public in and for the State of Texas FILED with me. the official recordkeeper of the City of West University Place. this day of . 1988. Audrey Nichols City Secretary Councilmember Schwartzel left the workshop session. Director of Administration. Donna Sims. presented staff.s pre- ference relative to the selection of Bond Counsel for the proposed bond issue. the law firm of Vinson & Elkins. The City is holding a contract with Greer Moreland Fosdick Shepherd until City Council determines Bond Counsel. Ms. Sims distributed guidelines from the City Attorney for Council to follow should the City decide to contract with Vinson & Elkins. Mayor Parks "II r .J.:lT:1 ........m ":iI'..1I . City Council Workshop Session, May 5, 1988 t') - I _ recommended City Council invite a proposal from Vinson & Elkins and for the Director of Administration to report the amount of money quoted in proposals from bond counsels in 1986. Adjournment There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 9:12 p.m. \to- REGULAR CITY COUNCIL MEETING MONDAY, MAY 9, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, May 9, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Councilmember Britton delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a speclflc agenda item to speak at this time. Toomas Baunis, not a resident, addressed City Council concerning the agenda item to consider award of the contract to reroof the Fire Department Garage. Mr. Baunis suggested the specifications for the project had some defects. Roofing code sections were quoted by Mr. Baunis. Mayor Parks advised Mr. Baunis that the Director of Operations and Chief Building Inspector had approved the specifications. The items Mr. Baunis suggested as defects were reviewed by the Southern Building Code Congress and considered by them to be groundless. Mayor Parks thanked Mr. Baunis for his comments. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Schwartzel requested Item No.8, Water Plant Office, 3825 Milton, and Item No. 15, Texas Municipal League's Intervention in Litiqation. be removed from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that with the exception of Items No.8 and 15, the consent agenda be approved in accordance with staff recommendation. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: Regular City Council Meeting, May 9, 1988 ~ l~ ESTABLISHING PARKS FUND: Consideration was given to the second reading of Ordinance Number 1316. Mayor Parks read the caption as follows: ORDINANCE NUMBER 1316 AN ORDINANCE ESTABLISHING A PARKS FUND; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Copies of Ordinance Number 1316, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that Ordinance Number 1316 be adopted as presented on second and final reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None REVISED DISCIPLINE AND GRIEVANCE PROCEDURES. CHAPTER VII. PERSONNEL POLICY: Consideration was given to the second and final reading of Ordinance Number 1317. Mayor Parks read the caption as follows: ORDINANCE NUMBER 1317 AN ORDINANCE RELATING TO PERSONNEL MATTERS; PROVIDING STANDARDS AND PROCEDURES FOR DISCIPLINE AND GRIEVANCES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1317, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Ordinance Number 1317 be adopted as presented on second and final reading. Councilmember Bryan asked if a provision had been added making it a standard policy to provide information relative to disciplinary matters to the City Council. The City Attorney advised that the provision was included in Section 6 of the adopting ordinance. With no further discussion offered, Mayor Parks called for a vote on the motion to adopt Ordinance Number 1317. Regular City Council Meeting, May 9, 1988 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Schwartzel Councilmembers Bryan, Britton None EMERGENCY GROUND STORAGE REPAIR: Consideration was given to approving Change Order No.1 to replace the deteriorated floor in the 400,000 gallon ground storage facility. Don S. Reichle, consulting Council and explained that were detected in the floor revealed additional holes. result of stress corrosion. engineer on the project, addressed during the cleaning of the tank, holes plates. An inspection followed which The holes were determined to be the A proposal from Diversified Coating, LTD., contractor for the project, included replacing the floor by applying a sand layer over the existing floor, sliding steel sheets through the walls and then welding the new floor in place. There were two options tp be considered: 1) 3/16" steel floor installed for $19,453.00 or 2) 1/4" steel floor installed for $21,283.00. The total prices are maximum and are not to be exceeded. It was the recommendation of staff to accept the Diversified Coatings, LTD., proposal and replace the floor with the 1/411 steel. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council approve Change Order No.1 and authorize Diversified Coatings, LTD., to replace the floor as proposed using 1/411 steel at the price of $21,283.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None WATER PLANT OFFICE. 3825 MILTON: Consideration was given to the recommendation for award of the contract for construction of the water plant office. Bids received on April 25, 1988, were opened with the following results: Bidder Amount Builders Construction 10230 Hwy 3 Houston, Texas 77074 $ 35,799.00 Mid Gulf Constructors, Inc. 6100 Commerce, Suite 550 Houston, Texas 77036 $ 42,912.00 Councilmember Schwartzel questioned the engineering costs estimated at $5,000.00 referred to in staff's memo. The City Manager explained that the costs were not related to engineering Regular City Council Meeting, May 9, 1988 but to architectural services. Councilmember Schwartzel questioned whether this should be a percentage of the construction cost as in other contracts. Mayor Parks recommended that Council approve the construction contract and staff would come back at another time for approval of the architectural fees. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council accept staff's recom- mendation and award the contract to the low bidder, Builders Construction, at their bid price of $35,799.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None 1987 ANNUAL AUDIT: Consideration was given to the invoice in the amount of $10,000.00 submitted by Peat Marwick Main & Co., for services in connection with the annual audit of financial statements for the year ended December 31, 1987. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice submitted by Peat Marwick Main & Co., be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilm€mbers Bryan, Bell, Britton, Schwartzel None None WATER PRIORITY AREA 7. COLLEGE COURT SUBDIVISION: Consideration was given to Monthly Estimate No.4 in the amount of $49,842.00 submitted by Bearden Contracting Co., for work performed through April 30, 1988 on the water line replacement in College Court Subdivision. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Monthly Estimate No.4 in the amount $49,842.00 be approved for payment to Bearden Contracting Co. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None SANITARY SEWER PHASE 2. PRIORITY AREA 1. WEST UNIVERSITY FIRST SUBDIVISION: Consideration was given to Monthly Estimate No.4 in the amount of $328,368.13 submitted by Jamcom Construction Co., Inc., for work performed through April 25,1988, on the sanitary sewer renovation project in West University First Subdivision. Regular City Council Meeting, May 9, 1988 Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Monthly Estimate No.4 in the amount of $328,368.13 be approved for payment to Jamcom Construction Co., Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None REPAIR AND PAINTING OF WATER TANKS: Consideration was given to Monthly Estimate No.1 in the amount of $25,214.00 submitted by Diversified Coatings, Ltd., for work performed on the ground storage water tanks. Motion was made by Councilmember Schwartzel, seconded by Council- member Bryan, that Monthly Estimate No. 1 in the amount of $25,214.00 be approved for payment to Diversified Coatings, Ltd. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $3,831.18 submitted for legal services provided on the city's behalf for the month of April 1988. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $3,831.18 for legal services provided in April 1988 be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None REROOF FIRE DEPARTMENT GARAGE: Consideration was given to staff's recommendation for award of the contract to reroof the Fire Department Garage. Bids received on April 27, 1988, were opened and read with the following results: Bidder Amount $ 7,080.00 Be'laire Builders, Inc. 5614 Heiser Houston, Texas 77087 $ 8,985.00 Sonny's Roofing & Waterproofing 5710 Almeda Genor Houston, Texas 77048 Regular City Council Meeting, May 9, 1988 A. M. Bowles Company, Inc. P.O. Box 7508 Houston, Texas 77270 $ 9,450.00 C & H Construction Company 2449 South Boulevard Houston, Texas 77098 $ 9,703.00 Rash Roofing 9322 Exeter Houston, Texas 77093 $12,140.00 The low bidder's bid bond, stated by the low bidder to be inadvertently omitted from the bid package. was delivered to the City after the bid documents were opened. Staff accepted the bid bond because evidence indicated the bond was issued April 25, 1988, two days before the bids were opened. Staff's recommen- dation was for Council to waive the bid bond technicality and award the contract to the low bidder, Bellaire Builders, Inc., at their bid price of 7,080.00. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council waive the bid bond technicality and award the contract to reroof the Fire Department Garage to the low bidder, Bellaire Builders, Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None TEXAS MUNICIPAL LEAGUE' INTERVENTION IN lITIGATION: Consideration was given to authorizing the City's participation in funding TML's intervention in the Sportsmen' Clubs of Texas, Sierra Club and Environmental Defense Fund, Inc., vs Environmental Protection Agency, at a cost of $453.78. Councilmember Schwartzel stated he was not in favor of the City's participation because he did not feel it would be to the City's benefit. The wastewater treatment plant was in compliance with current standards and he did not feel the city was directly involved. Motion was made by Councilmember Bryan made, seconded by Councilmember Bell, that City Council authorization the City's participation in Texas Municipal League's intervention was authorized by the following vote: Voting Aye: Voting No: Absent: Councilmembers Bryan, Bell, Britton Mayor Parks, Councilmember Schwartzel None Regular City Council Meeting, May 9, 1988 COUNCIL COMMENTS: Councilmember Bell asked for an update on the car accident that occurred at the intersection of Community Drive and University Blvd. Chief Griffith had nothing further to report at this time. Mayor Parks reported on the upcoming meeting with the Texas Water Commission. STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council's consideration at this time. CITY COUNCIL MCCTING MINUTCS: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, April 21, 1988; (b) Regular City Council Meeting, April 25, 1988; (c) City Council Workshop Session, April 25, 1988; Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the minutes of the meetings be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ADJOURNMENT: With no further business to come before City Council at this time, motion was made and seconded that the meeting adjourn. Such motion carried and the meeting adjourned t 8:20 p.m. City CITY COUNCIL WORKSHOP SESSION THURSDAY, MAY 19. 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, May 19, 1988. with the following members present: Mayor Pro Tern Bryan, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Mayor Parks arrived at 7:05 p.m. Also present were the City Manager, City Secretary, City Attorney, Director of Administra- tion, Director of Operations and Chief of Police. Hearinq of Residents: There were none present who wished to speak concerning an item not on the agenda. Jean Hardy and Rice Blvd. Group to discuss use of elementary school grounds: Jean Hardy addressed Council with several items concerning the use of playing fields at the elementary school. Her lot backs up to the school property. Mrs. Hardy stated the following: (1) the sprinkler system on Field No.2 was broken and had been several times during this spring. Inadequate watering was creating a dust problem for those living adjacent to the field. (2) There was an increase in the number of games scheduled on Field No.2, a situation considered unacceptable to her because it inhibited the enjoyment of her backyard. (3) Mrs. Hardy felt there were assurances received from the city in the spring of 1981 which were being violated. Batting cages, bleachers, storage buildings, and an electric scoreboard were installed without adequate discussion and agreement from the neighbors affected. (4) The residents on the 3700 block of Rice Blvd. are proceeding to organize to protect homes and property and will contact City Hall when their plans and recommendations are complete. (5) Mrs. Hardy contacted the Legal Services Department of Houston Independent School District to review the lease of the school property by the City to determine if the City was in violation of the terms of the lease. (6) Mrs. Hardy requested knowledge of any formal policy, written agreement, contract or sublease arrangement regarding the use of the school. (Mrs. Hardy was informed there were no such documents.) (7) Mrs. Hardy wanted to know who in the city has ultimate responsibility for the school grounds to inform the residents of when any decision is made that will impact the neighbors. Mrs. Hardy continued that she was not able to entertain or enjoy her back yard because of the noise and that the lights were injuring property values in general. Mayor Parks asked if she were concerned over physical intrusions. Mrs. Hardy was not troubled with physical intrusions. City Council Workshop Session, May 19, 1988 Robert Walters, next door neighbor to Mrs. Hardy, agreed to share copies of correspondence and agreements from 1981 concerning the situation. Mayor Parks requested that all parties have copies of the items to which Mr. Walters was referring. Lynn Miller, 3020 Rice Blvd., President of the Girls Softball League, told Council that her League had asked permission from the two home owners directly affected by the batting cages before installing the cages and had met with no opposition. The score board has no lights to the back that would shine in surrounding backyards and makes no noise. The benches, or bleachers, are removable. The season consist of 10 weeks, two games a week at 6:00 to 9:00 p.m. on week day evenings. The lights have been out every night by 9:15. The season will be over May 27. Mrs. Miller stated that the fields have been hand watered when the sprinkler system was broken. The Tri-Sports Assocation has no intention to do anything more to expand the facilities, but she could not guarantee the sports program would not grow. They are already turning away children because there are not enough fields. The sports association received no calls or complaints this year until Mrs. Hardy called. Mayor Parks recommended Mrs. Hardy come back after the block meeting with whatever solutions and recommendations the Rice Blvd. group felt would be appropriate. Discuss and consider surface water conversion plan City Attorney, Jim Dougherty, stated that the resolution requested by the Harris Galveston Coastal Subsidence District was intended to directly relate to the physical facilities necessary to convert to surface water, the interconnection to Houston1s line and the Wakeforest Water Treatment Plant. Mayor Parks suggested the resolution be worded so that the City does not waive any of its rights to appeal; to be sure by adopting the resolution the City has not acquiesced its rights. After further discussion, City Council agreed to place this item on the agenda for Monday's regular meeting. Greer Moreland Fosdick Shepherd: Discuss and consider bond proposal Marvin Moreland, City's Financial Advisor, presented a long term plan for bond issues through the year 1999. Mr. Moreland reviewed the plans and discussed the options available to Council. Discussion with City consulting Engineer (a) Weslayan Lift Station: Curtis Cooper reported on the subsiding manhole at the Weslayan Lift Station which has been sinking for sometime and is now to the point of needing to be replaced. Langford Engineering recommends the manhole be removed, f City Council Workshop Session, May 19, 1988 construct a pier foundation and reinstall a new manhole in the same location. If the manhole continues to deteriorate, it will eventually shear the connecting sewer lines and block the flow of raw sewage from the western one-third of the city. Estimated cost is $45,000 for replacement excluding engineering fees. City Council agreed to place this item on the agenda for consideration on Monday's regular City Council meeting. (b) Surface Water Connection: Dieter Ufer requested authorization to proceed with the last part of a report to determine the most cost effective method to get surface water to the city. The cost of this portion of the study would amount to $1,000.00. Mr. Ufer recommended City Council authorize the study to find the route to bring surface water to the Milton Street Water Plant. City Council concurred and agreed to study the matter further. Discuss and consider personnel study recommendation City Manager, Richard Rockenbaugh. reported from each department head that Dr. Harvey's proposed personnel study had been discussed with staff and was favorably received. Staff was most receptive to a system that would address the evaluation process and supported Dr. Harvey's study. This is a new approach staff has not used before. The American Productivity Center's proposal is basically the same as the City used before and not considered to have the objectivity provided by Dr. Harvey. Chief Griffith reported that the American Productivity Center confirmed they could not give the city the objective comprehensive program the staff was seeking. Mayor Parks was not in favor of using Dr. Harvey because he is located at so great a distance and also felt Dr. Harvey did not put enough emphasis on increased productivity. Councilmember Bryan was skeptical of the canned computer program proposed by Dr. Harvey and suggested staff might do better with some subjectivity as proposed by the American Productivity Center. She felt the study needs to be done, but preferred APC. Councilmember Schwartzel stated he thought it should be a staff decision which study to use. Councilmember Bell thought City Council should accept the program staff recommended. City Council agreed to place the item on the agenda for Monday's meeting. Discuss and consider bond counsel recommendation Councilmember Schwartzel left the Conference Room before discussion of bond counsel was begun. City Council Workshop Session, May 19, 1988 Director of Administration, Donna Sims, presented staff's recommendation to use Vinson & Elkins for bond counsel. A proposal from Vinson & Elkins was received and had been compared to bond counsel fees over the last two issues and with the fee proposed by Vinson & Elkins for 1988. The proposed scope of services seemed to be complete. City Council agreed to place the item on the agenda for Monday's regular meeting. Council Comments Councilmember Bryan asked the status of the Ambulance Advisory Committee appointments. Staff reported they were waiting to hear from Committee Chairman, Dr. Winston. Staff Report Richard Rockenbaugh distributed the agenda draft for Council's review. Adjournment There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 9:50 p.m. ~ Michael Mayor p' ~ REGULAR CITY COUNCIL MEETING MONDAY, MAY 23, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BOULEVARD 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, May 23, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell and Schwartzel. Councilmember Britton was absent. Also present were the City Manager, City Attorney, Director of Administration and Director of Operations. Councilmember Bryan delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Mrs. Jean Hardy, 3755 Rice Boulevard, addressed Council in reference to rules or guidelines pertaining to use of the school grounds as a park. She stated that Council would be presented with a signed request by residents who live in the 3700 block of Rice. Mrs. Hardy expressed her and her neighbors concerns, leaving printed material with Council and Mr. Rockenbaugh. At Councilmember Bryan's request, Mr. Mike Hardy, Mr. Jim McLaughtin, Mr. Robert Walters, Mr. Edwards and Mr. Landry were introduced as concerned residents in reference to West University Elementary Schoolgrounds. Mayor Parks thanked Mrs. Hardy for her presentation and interest and referred the suggestions to Director of Operations Curtis Cooper and asked that he meet with Little League, Tri Sports and Parks Board to assist in determining the appropriate action for City Council. APPOINTMENT OF ASSISTANT CITY SECRETARY: An emergency existed requiring the appointment of an Assistant City Secretary because of the urgency in delivering documents to Harris-Galveston Coastal Subsidence District which has an impact on City's water service. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Shelley Chandler be appointed Assistant City Secretary. Voting All: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton Voting No: Absent: Regular City Council Meeting, May 23, 1988 ~ CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM CONSENT AGENDA: Mayor Parks requested that Item No. 10, Repairs to water well # 9, and Item No. 20, Personnel Study and Compensation System Analysis, be removed from the consent agenda. Mr. Rockenbaugh asked that Item No. 20, Personnel Study and Compensation System Analysis be tabled at this time. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that with the exceptions of Items No. 10 and No. 20~ the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton RESTRICTIONS ON OFFICERS AND EMPLOYEES: Councilmember Schwartzel left the meeting at this time so as to not take part in the discussion and voting. Consideration was given to the first and final reading of Ordinance Number 1318. Mayor Parks read the caption as follows: AN ORDINANCE RELATING TO RESTRICTIONS ON OFFICERS AND EMPLOYEES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. Copies of Ordinance Number 1318, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Ordinance No. 1318 be adopted as presented on first and final reading. City Attorney Jim Dougherty explained that the Charter adopted in 1983 contemplated that at some point City Council would adopt a City Ordinance regulating gifts, favors, privileges and employment. These are regulated transactions if it involves any company that the City does business with. The Charter contemplates that they would be restricted in some way. Currently there is the question about bond counsel and whether the City would contract with the Vinson Elkins Firm for the upcoming bond sale. ~' 1 Regular City Council Meeting, May 23, 1988 Subsection (b), Items 1, 2, 3, 4, with some modifications to fit the City's circumstances, come out of the State law on regulating gifts. Number 6 is designed to fit a situation that is fairly routine but needs to be covered and that is a situation where a police officer might work on traffic control around a construction contract site. As a rule cities prefer that their own peace officers at least be eligible to do that kind of work and on the face of it there would be a problem with that kind of arrangement if the contractor is doing work for the City. This type of arrangement is set up with special approval by department heads or city manager and would not be an unusual transaction. The significant addition is Subsection (b), 5, which has to do with employment of part time officers or employees. Mayor Parks called for a vote on the motion to adopt Ordinance 1318. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell None Councilmember Britton, Schwartzel Councilmember Schwartzel returned to Council Chamber. WATER WELL # 9 LOAN: Consideration was given to the first and final reading of Ordinance Number 1319. Mayor Parks read the caption as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE NEW PROMISSORY NOTE PAYABLE TO FIRST REPUBLIC BANK FANNIN TO REFUND THE PROMISSORY NOTE PREVIOUSLY AUTHORIZED BY ORDINANCE NUMBER 1225 DATED JUNE 1, 1984. ORDINANCE NUMBER 1239 DATED MAY 23, 1985, ORDINANCE NUMBER 1261 DATED JUNE 9, 1986, ORDINANCE NUMBER 1291 DATED MAY 11, 1987 AND ORDINANCE NUMBER 1300 DATED OCTOBER 12, 1987; PROVIDING THAT NO TAXES WILL BE LEVIED SINCE FUNDS HAVE BEEN PROPERLY APPROPRIATED AND DESIGNATED FOR THE REPAYMENT OF SUCH DEBT AUTHORIZED HEREIN; AND CONTAINING OTHER PROVISIONS. Copies of Ordinance Number 1319, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Bell that Ordinance No. 1319 be adopted on first and final reading as presented. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Counc;lmember Britton Voting No: Absent: Regular City Council Meeting, May 23, 1988 <\I CITY HALL LOAN: Consideration was given to the first and final reading of Ordinance No. 1320. Mayor Parks read the caption as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE NEW PROMISSORY NOTE PAYABLE TO FIRST REPUBLIC BANK FANNIN TO REFUND THE PROMISSORY NOTE PREVIOUSLY AUTHORIZED BY ORDINANCE NUMBER 1260 DATED MAY 29, 1986, BY ORDINANCE NUMBER 1290 DATED JUNE 1, 1987 AND BY ORDINANCE NUMBER 1299 DATED OCTOBER 12, 1987; PROVIDING THAT NO TAXES WILL BE LEVIED SINCE FUNDS HAVE BEEN PROPERLY APPROPRIATED AND DESIGNATED FOR THE REPAYMENT OF SUCH DEBT AUTHORIZED HEREIN; AND CONTAINING OTHER PROVISIONS. Copies of Ordinance Number 1320, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that Ordinance Number 1320 be adopted on first and final reading as presented. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton Voting No: Absent: SURFACE WATER CONVERSION PLAN: Consideration was given to Resolution Number 88-05 adopting a plan for the construction of facilities necessary for the use of surface water. Mayor Parks presented and read the Resolution as follows: RESOLUTION NUMBER 88-05 A RESOLUTION ADOPTING A PLAN FOR THE CONSTRUCTION OF FACILITIES NECESSARY FOR THE USE OF SURFACE WATER BY THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the Harris-Galveston Coastal Subsidence District ("HGCSD") has required the City to adopt a plan for the construction of facilities that would allow the use of surface water; and WHEREAS, the City is willing to adopt such a plan in order to obtain permits for the withdrawal of groundwater for terms beginning July 1, 1988, inasmuch as the City has no means of obtaining any water other than groundwater at this time; WHEREAS, such plan would only address the construction of the necessary facilities, because the information necessary to assess the purchase of surface water is unavailable at this time; NOW, THEREFORE, I ~ ,~ Regular City Council Meeting. May 23. 1988 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS: Section 1. The City Council hereby adopts the uSurface Water Facilities Conversion Planu set out in the attached Exhibit A and authorizes it to be formally filed with the HGCSD. Section 2. If any word. phrase. clause, sentence. paragraph. section or other part of this resolution or the application thereof to any person or circumstance. shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction. the remainder of this resolution and the application of such word. phrase. clause. sentence. paragraph. section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 3. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. The City Council officially finds. determines and declares that a sufficient written notice of the date, hour. place and subject of each meeting at which this resolution was discussed. consfde~d or acted upon was given in the manner required by the Open Meetings Law. TEX. REV. CIV. STAT. ANN. art. 6252-17. as amended, and that each such meeting has been open to the public as required by law at all times during such discussion. consideration and action. The City Council ratifies. approves and confirms such notices and the contents and posting thereof. Section 5. This resolution shall take effect immediately upon its adoption and signature. PASSED AND APPROVED this the 1988. 23rd day of M~ . Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: ArrEST: Michael L. Parks. Mayor Shelley Chandler Assistant City Secretary Approved as to Form: (SEAL) James L. Dougherty. Jr. City Attorney Regular City Council Meeting, May 23, 1988 1 Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that City Council adopt Resolution Number 88-05 adopting a plan for the construction of facilities necessary for the use of surface water. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton MUTUAL AID AGREEMENT WITH HARRIS COUNTY: Consideration was given to approving the Police Mutual Aid Agreement with Harris County. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the Mutual Aid Agreement be approved. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton REPAIRS TO WATER WELL #9: A recommendation was made by Dieter Ufer, City Engineer, that Layne Western, low bidder, be awarded the project for the base bid of $57,331.00 to construct the repairs to Water Well #9, such contract to be completed in forty-five calendar days. Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that City Council accept staff's recommendation and award the contract to Layne Western at the bid price of $57,331.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers, Bryan, Bell, Schwartzel None Councilmember Britton SANITARY SEWER PRIORITY AREA NO.2, COLLEGE COURT SUBDIVISION: Consideration was given to authorize advertising for bids for construction of the sanitary sewer improvement in Priority Area No.2. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City staff be authorized to advertise for bids for construction of the sanitary sewer improvements in Priority Area No.2 be approved. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton SPECIAL COUNSEL FOR SALE OF WESTPARK PROPERTY: Consideration was given to the invoice in the amount of $6,621.90 submitted by ~ ~ Regular City Council Meeting, May 23, 1988 Woodard, Hall & Primm for services in connection with the sale of the Westpark Property. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $6,621.90 be approved for payment to Woodard, Hall & Primm. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton EMINENT DOMAIN COUNSEL CONCERNING WESTPARK PROPERTY: Consideration was given to the invoice submitted by Fulbright & Jaworski in the amount of $5,874.00 for services in connection with condemnation proceedings by Metropolitan Transit Authority of the Westpark Property. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $5,874.00 submitted by submitted by Fulbright & Jaworski for services in connection with condemnation proceedings by Metropolitan Transit Authority of the Westpark Property be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the invoice in the amount of $8,648.00 submitted by the Harris County Appraisal District for property assessment services for the third quarter of 1988. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $8,648.00 be approved for payment to Harris County Appraisal District. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton SUPPLEMENTAL AND CORRECTION APPRAISAL ROllS: Consideration was given to approving the update of the 1986 and 1987 correction and supplemental appraisal rolls. Motion was made by Councilmember Schwartzel, and seconded by Counc;lmember Bryan, that City Council approve the updating of the 1986 and 1987 correction and supplemental appraisal rolls. Regular City Council Meeting, May 23, 1988 Voting Aye: Voting No: Absent: 1 Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton AUDIT PAYMENT: Consideration was given to the invoice in the amount at $5,000 submitted by Peat Marwick Main in connection with the annual audit of the City's financial statements for the year ended December 31, 1987. Motion made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $5,000 be approved for payment to Peat Marwick Main. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton PURCHASE OF POLICE VEHICLE: Consideration was given to the invoice in the amount of $11,543.80 submitted by Joe Meyer's Ford for delivery of the small passenger van. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $11,543.80 be approved for payment to Joe Meyer's Ford. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton PURCHASE OF VACUUM JET TRUCK FOR WATER AND SEWER DIVISION: Consideration was given to the recommendatlon tor award of the contract to purchase the 1988 diesel powered vacuum truck and high pressure jet rodder for the Water and Sewer Division. Bids were opened 10:00 a.m., March 14, 1988 with the following results: Bidder Amount Bid Montgomery Municipal Supply, Inc. $ 98,900.00 7202 Spurlock Dr. Austin, Texas 78731 Naylor Equipment $100,399.00 P.O. Box 4919 Pasadena, Texas 77502 Waste Systems Equipment, Inc, $107,501.00 P.O. Box 55801 Houston, Texas 77255 Regular City Council Meeting, May 23, 1988 ( Texas Underground 1323 N. Main St. Pearland, Texas 77581 $108,951.75 Industrial Disposal Supply Co. P.O. Box 924172 Houston, Texas 77292 $115,000.00 Staff recommended the contract be awarded to the second low bidder, Naylor Equipment. The low bidder bid on an Aquatech unit which upon investigation was found to have severe functional and safety problems and, also, problems with the availability of parts and service. Motion by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council accept staff1s recommendation and award the contract to purchase the 1988 diesel powered vacuum truck and high pressure jet rodder for the Water and Sewer Division to the second low bidder, Naylor Equipment, at their bid price of $100,399. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJE TS: Consideration was given to invoices tota ing 11,690.65 submitted by Langford Engineering Inc., for engineering services on utility projects, as follows: (a) Invoice No. 5455 in the amount of $6,379.17 for Phase 2, Priority Area No.1, Sanitary Sewer, West University First Subdivision; (b) Invoice No. 5456 in the amount of $2,098.73 for Priority Area No.2, Sanitary Sewer, College Court Subdivision; (c) Invoice No. 5457 in the amount of $326.04 for Water Line Replacement, Priority Area No.7, College Court Subdivision; (d) Invoice No. 5458 in the amount of $1,551.97 for Phase 3, Priority Area No.1, Sanitary Sewer, West University First Subdivision; (e) Invoice No. 5459 in the amount of $1,334.74 for Repairs to Water Well #9. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoices in the amount of $11,690.65 be approved for payment to Langford Engineering, Inc. Regular City Council Meeting, May 23, 1988 Voting Aye: Voting No: Absent: ~, Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton PERSONNEL STUDY AND COMPENSATION SYSTEM ANALYSIS: Mr. Rockenbaugh asked that this item be tabled at this time. REPAIR AND PAINTING OF WATER TANKS: Consideration was given to Monthly Estimate No.2 in the amount of $23,972.80 submitted by Diversified Coatings, Ltd., for work performed on the ground water storage tanks. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $23,972.80 be approved for payment to Diversified Coatings, Ltd. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton EMERGENCY MANHOLE REPLACEMENT: WESLAYAN LIFT STATION: Consideration was given to the repair of the subsiding manhole located at the Weslayan Street Lift Station. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, to repair the subsiding manhole located at the Weslayan Lift Station, authorizing preparation of plans and specifications, and to proceed to contract for the emergency repair. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton COUNCIL COMMENTS: There were no Council comments at this time. STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council IS consideration at this time. CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, May 5, 1988; (b) City Council Regular Meeting, May 9, 1988. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the minutes of the meetings be approved as submitted. rr o Regular City Council Meeting, May 23, 1988 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Schwartzel None Councilmember Britton ADJOURNMENT: With no further business to come before City Council at this time, motion was made and seconded that the meeting adjourn. Such motion carried and the meeting adjourned at 8:31 p.m. ... CITY COUNCIL WORKSHOP MEETING THURSDAY, MAY 26, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BOULEVARD 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, May 26, 1988, with the following members present: Mayor Pro Tern Bryan, presiding; Councilmembers Bell and Schwartzel. Mayor Parks and Councilmember Britton were absent. Also present were the City Manager, Director of Administration, Director of Operations, Chief of Police and Fire Chief. Hearing of Residents: There were none present who wished to speak. Fence Requests: 1) Dr. and Mrs. Medrano, 6610 Brompton, and Mr. Schindler, builder and architect, appeared before Council to discuss the design factor in construction of their house. An eight-foot security wall was part of the design in front of the house. It was stated that plans were checked and came back to them approved. *Note on plans indicated that fences were not part of approved plan. Dr. Medrano assumed that note (*) was personal not for plan checker. Dr. Medrano stated that the issue is that plans were submitted and approved and permits were issued. After the 8 foot wall was built and the house was being landscaped, the building inspector would not issue an occupancy permit unless the wall was reduced to six (61) feet. Mayor Pro Tem Bryan advised Dr. Medrano that action would not be taken tonight as the matter will be referred to staff for review. 2) Mr. Bill Finley, 6345 Belmont, asked for permission to leave his fence where it is and extend the remaining 26 foot section, at a height of 6 feet. Discussion will be held at a later date in reference to this problem and a conditional occupancy permit to Medrano will also be consigered. Considered Procedure for Co 11 ecti on of Franchise Fees from HL&P Various options were discussed: 1) To collect by litigation and compel payment; 2) To collect by agreement. r' City Council Workshop Session, May 26, 1988 Staff recommended the money be collected by amending the franchise ordinance. Litigation was not a cost effective approach. City Council concurred and instructed staff to prepare an amendment to the HL&P franchise. Discussion of Ambulance Advisory Committee Dr. Winston had not contacted prospective committee members. He stated there was some confusion about additional responsibilities. He also expressed concern about getting into general public health areas. Dr. Winston agreed to provide names for Council to consider for appointment. The ordinance will be amended if necessary. Discussion with Cable Television Committee Jean Howse and Mark Spradling reviewed the cable committee report and stated that the committee recommends negotiating a revised franchise agreement with Warner Cable Company. Other recommendations included talking to cable television consultants and to check with First Colony and Bellaire. Council decided to look at proposals and perhaps interview one or two consultants. City Council instructed the Cable Committee to continue making suggestions and to plan on working the preliminary steps with the consultant. Discussion with Park Board The Parks Board was represented by Terry Dickenson, Dave Agerton, Russ Schulze, Deborah Niebruegge. Various concerns were presented to Council: 1) Funding, bond issue 2) Colonial Park Improvements, $200,000 immediate need 3) Recognition to citizens 4) Possibility of buying JMH The Parks Board would like to see staff plans in reference to 4123 Case. They would like to remove the house, add sod, install playground equipment and put the lot into use at an estimated cost of $2,500. Councilmember Boone Schwartzel stated he was not in favor of bonds for parks and feels that it is too late for this issue. Councilmembers response was favorable to retaining a parks consultant, improvements to Colonial Park, removing 4123 Case, and adding playground equipment. The fund raising effort is in progress. Council concurred the Friends of West University Parks Charter needed amending to provide for permanent members and three year terms. City Council Workshop Session, May 26, 1988 Parks Board members stated they needed $50,000. Staff is to look for consultants and to respond to capital improvement needs. Tina Milo agreed to rewrite Friends of West University Parks Charter. Council will set up a policy to recognize people who give gifts. The Parks Board will work with Curtis Cooper to look for a consultant and on budget requests and revenues requirements. Council Comments City Council had no further comments at this time. Staff Report City Manager, Richard Rockenbaugh, had nothing further for Council IS consideration at this time. Adjournment There being no further business to come before City Council at this time, Mayor Pro Tern Bryan declared the meeting adjourned at 10:50 p.m. n(' ... .. ali.1... JUl' . 1..:Jl.:L. . i J 1I. SPECIAL CITY COUNCIL MEETING MONDAY. JUNE 6, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in special session in the City Hall Council Chamber. 3800 University Boulevard, in the City of West University Place. on Monday. June 6. 1988. with the following members present: M~or Parks, presiding; Councilmembers Bryan. Bell. Britton and Schwartzel. Also present were the City Manager. City Secretary. City Attorney and the Chief of Police. M~or Parks addressed those at the table: Members of City Council; City Manager. City Attorney. Chief of Police. Officer John Johnson and his attorney. Richard W. Mithoff. The purpose of the special session was to consider the disCiplinary personnel appeal of Officer John Johnson. Several residents were in the audience. Mayor Parks explained that City Council was sitting as an appellate review board to review the facts as they have been found and ruled on by staff to make a determination whether in fact the City Manager and/or staff rendered a proper decision in the case. The Mayor requested the City Attorney, James L. Dougherty, Jr.. to review the personnel history and procedures. The City Attorney began with the statement that this was the personnel appeal of Officer John Johnson that originated with an incident that occurred July 22. 1987. in an apartment complex. 2400 block of Sage Road. a shooting incident. The procedural history of the case is that immediately after the incident. the officer was suspended with pay and an investigation was launched. An internal fact-finding review committee was appointed in the Police Department which on August 5 conducted a hearing at which Officer Johnson appeared and on that same day issued a memorandum in which the committee stated that the consensus was that there was a violation of specified sections of the city.s personnel policies and cited the specific sections including 4.10 of the Police Department Manual relating to the use of firearms. Thereafter. Chief Griffith reviewed the findings of the fact-finding review committee and on August 31 (actually it was delivered several days later in September 1987). made a recommendation that disciplinary action be taken. The Chief also made auxiliary recommendations that outside emplOYment be restricted and that there be a change of assignment to the patrol division. Shortly thereafter, the officer indicated that he would appeal the opinion of the Chief. Under the city.s personnel manual. this type of decision. because it involves a relatively serious recommended discipline. does not take effect until it has been reviewed by the City Manager. So that the appeal had the effect of stopping the disciplinary action taking effect. Thereafter. the City Manager, took the appeal and conducted a series of meetings and also directed that the applicant's attorney and ~self look at the case to see what needed to be put together in the way of evidence; what type of public hearing would be required and the book that is here is the Hearing Book that was put together over the Fall months of 1987. Special City Council Meeting. June 6. 1988 "'.... including a rather lengthy deposition of a witness by the name of Donald Demel; a rather lengthy excerpt from personnel records as well as a number of stipulations. pictures and other facts that are relevant to the appeal. It has all been bound up into this book. I believe there is a copy circulating among the Council members to be reviewed. It is so bulky we only made 3 copies of it. In any event. the applicant, during the course of this. also asked that the decision regarding outside emploYment be taken up by the City Manager. The City Manager in October did indicate that he would consider the outside emploYment with this appeal. That has been consolidated with the disciplinary action. There are two questions that are before Council tonight. One is whether or not the disciplinary action was correct and should be affirmed or should be reversed or modified. Second. whether the restrictions on outside emploYment should be affirmed. reversed or modified. I have consulted with the attorney for the applicant. Mr. Mithoff. and recommended that procedure that is before Council tonight. essentially. the officer and his attorney would have the right to open the presentation. a presentation by the staff and closing arguments by the applicant or his attorney. At that point I recommend that if Council wishes. to adopt that procedure to go forward. M~or Parks asked Attorney Mithoff if the procedure was agreeable to him. Mr. Mithoff agreed to the procedure. Mayor Parks then stated that the hearing would proceed with the presentation of the applicant. Mr. Mithoff stated that as Jim (Dougherty) indicated. the evidence has been bound in this black book that I believe has been circulated to Council. What I want to do is to try to run through the evidence as I see it and try to summarize it. It is our position in this case. and has been from the beginning that the shooting that occurred was justified as a matter of self defense. On the evening in question. which was July 22nd. of 1987. at about 10:40 in the evening. Officer Johnson was at his apartment complex on Sage Road where he lived at the time. He had an off-duty job there working security. He was in his bedroom and he had looked out the window of his bedroom and had seen a car. a maroon Chrysler. enter the parking area down below his bedroom window. He had seen the car turn off its headlights and proceed slowly through the parking area to a point where it went out of view. Within a few minutes. he saw the same car backing up back into his view with the headlights still off. Now there had been a number of incidents at this apartment complex involving reports of attempted thefts and thefts of vehicles from the parking area. So Officer Johnson went down to the parking area to investigate. He was not in uniform. He had on a white shirt with a tie and slacks and he took with him his police badge and his police pistol. When he went down into the parking area. he saw the maroon Chrysler with its headlights still turned off and two black males standing near the Chrysler. He also saw a third black male over near a late model Buick. This gentleman had a hand tool of some type in his hand and he was over near the driver.s side of this Buick. Officer Johnson suspected at that point that these gentlemen were up to an attempted theft of a vehicle. So he approached the black man near the late model Buick. He identified himself as a police officer. he 11 r '0 o'roon :; -; -rnT1-' eo]!.. : nr 1B,1;.l. . 11.._ .. I Ji.:!. J Ll. Special City Council Meeting. June 6. 1988 , " had his badge and he had his gun. He attempted at that point to arrest the suspect and to take him into custody. A scuffle ensued at that point. The suspect took off running. Officer Johnson took off in chase after him. They got out onto the main street. The suspect was out of sight. Officer Johnson attempted to flag down a passing motorist in order to get someone to call for assistance. to call the police. He was unsuccessful in getting someone to stop so he went back into the parking area where he was originally and there was a couple seated in a BMW that had been parked there in the parking area. He went up to couple and again identified himself as a police officer. told them he needed help. He needed them to call for assistance. Before he could do anything else. he stepped back into the driveway to the parking area itself and he saw the same maroon Chrysler coming toward him. When the vehicle was about 75 feet from him. it began to accelerate and head toward him. Now at this point I want to read some of the statements and these are all in the book, but I want to read parts of these statements because I think they are pertinent and I want to identify where this evidence is coming from as I go. The first is the statement of Officer Johnson. This is at Tab 22 in the book and this is a statement that was taken by the Houston Police immediately after the incident had occurred. They took a number of statements and they took Officer Johnson.s as well. I want to pick up at the point where he steps into the driveway and the vehicle is headed toward him. Quote: uI initially stepped toward the center of the driveway with my pistol in my left hand and my badge in my right hand. I shouted loudly: stoP. police and variations of that statement repeatedly. At this point. realizing that the vehicle wasn.t going to stop. I backed out of the center of the driveway toward the carport. The suspect vehicle swerved toward me and the passenger door of the vehicle came open. I was at the rear of the dark colored BMW and the suspect vehicle was continuing toward me and accelerating. As the vehicle came upon me. being in fear for my life. I discharged my weapon one time. My pistol was pointed in roughly a northeasterly direction toward the approaching vehicle and my round shattered the window of the open right front door. The vehicle swerved back into the center of the driveway as it passed me and turned westbound into the main driveway. I asked. the driver of the dark colored BMW to attempt to obtain the license plate number of the suspect vehicle. From the time I first saw the suspect vehicle approaching me to the time I discharged my weapon was perhaps 5 seconds." That is the end of that portion of the statement. The shot that was fired. incidentally. did not strike the driver. did not injure the driver. Sergeant Johnson was then interviewed a second time some several days later. The incident occurred on July 22nd. He was interviewed again on July 27th by Lieutenant Moulton with the West University police force who had been asked to make an investigation. This statement is at Tab 21. starting at question 6. I.At what point did the suspect.s car swerve? When did it return to the center of the driveway? Response: The car was in the center going slow. The car braked. then accelerated approximately 80 feet (estimate by Lieutenant Moulton) from me. It swerved toward me. The car returned to the center of the driveway simultaneously to getting to Special City Council Meeting. June 6. 1988 . . , t.", me.A Question 6 again, apparently there is a misprint here. there are two number 61s. uWhere was the suspectls car in relation to you when you shot? Response: Roughly northeast of me. Question 7. What direction did you fire at the suspect.s car? Response: roughly. northeast. Question 8. Did you shoot up into the suspect.s car or down through the car? Response: Slightly downward. Question 9. Were you moving and shooting simultaneously? Response. I believe so. backing and shooting. Question 10. How were you in fear for your life? Response: I thought they were going to hit me with the car. I thought there might be a weapon. It happened so quickly. Question 11. What specifically were you shooting at? Response: The driver. Question 12. What did you anticipate to happen after you fired? Response. That I would stop the driver.s attempt to run me over. Question 13. What specifically did you want to occur by shooting at the car or the driver?. At this point there is a conference with his attorney. -Response: I was shooting at the driver. I wanted to stop him from trying to run over me. 11m not going to say I was trying to kill him. Question 14. How would shooting the driver or the car remove you from danger? Response: The entire confrontation took at most 5 seconds from when I saw the car to the time it passed me. Five seconds is a liberal estimate. My reaction was purely defensive to stop the driver in his attempt to run over me. Question 15. Did you shoot at the suspect.s car before it became perpendicular to the BMW? or perpendicular to the BMW or pass the BMW? Response: I shot fractions of a second before it was perpendicular to the BMW. Question 16. Can you clarify question number 13 specifically?" That was the question that was: .What specifically did you want to occur by shooting at the car or driver. Response: Just to stop the driver from running over me. In a time frame of 3 to 5 seconds in the middle of the night that is as specific as I can be.u There was also a statement taken by the Houston Police on the same evening of the shooting from Mr. Donald Demel. Mr. Demel was the male who was seated in the BMW. Again I will not read the entire statement. but I will read the portion that I think is relevant to the shooting. This is Tab 26. This is the statement again of Mr. Demel taken the same night of the incident along with the first statement of Officer Johnson before lawyers are involved and before any investigation has begun. -A car came around the corner inside the apartment complex and the officer started to walk down the driveway toward the car which was going at a slow pace. The officer then yelled out to the vehicle to stop and the officer had his gun drawn and I think he had his badge out with his gun. He was identifying himself as a police officer and he had told the vehicle to stop or he would shoot. The car then appeared to brake slightly and then it accelerated and began driving toward the officer. And it appeared that the vehicle was trying to run the officer down. The officer fired one shot at the car from about 3 to 5 feet away f~ the passenger side of the vehicle. Then the vehicle kept going and made a right turn and kept going.u There is the statement at Tab 23 of the young lady who was seated next to Mr. Demel in the BMW. Again I will read the portion that I think is relevant to the shooting. II I saw a maroon fordH (it was 1"1 r '!,'If' 1 ! . '7j-TB , 'r:.'. ')n Special City Council Meeting, June 6, 1988 actually a Chrysler) "approaching about this time and the officer stepped out into the drive. The car was headed his way. The officer was in front of the car and I saw the officer holding his gun and his badge and I heard him say stop. About that time I ducked down. I heard the car speeding up and then I heard a gun shot. The statement was taken as well that same evening of Michael Dwayne Abrams. I take it back, that may have been later than the same evening. It appears to be July 24th, so it would be 2 days later. This is a statement taken by the Houston Police. Michael Dwayne Abrams was an accomplice to the young man who was driving the maroon Chrysler on the evening in question. All three of them were subsequently arrested. This is the statement of the accomplice. IICatfishll (now, Catfish is the nickname of the Mr. Crooks who is the gentleman who will be identified in a moment as the one who was driving the Chrysler and trying to run the officer down.) "Catfish came by the park and he was in a maroon or burgundy Chrysler, New Yorker. The car actually belongs to Ernest Hardyman. Catfish asked me if I wanted to go ride with them because they were fixing to go get a car. Me and Ray got into the car." (Ray is the third accomplice.) III got into the back seat and Ray got into the front seat. Catfish was driving. Catfish drove over toward the Galleria area. He pulled into some apartments. He saw a car he wanted. It was a blue Buick La Sabre. Catfish got out of the car first and looked at the La Sabre. Then me and Ray got out of the car. About that time the officer came up. The officer was a white guy. He was in plain clothes but he had a gold badge on his belt on the right side. He had his gun and he pointed at us and he said freeze. Me and Ray stopped right a way, but Catfish took off running. The officer pointed his gun over toward Catfish and that is when I took off. I did not see the officer fight with Ray because I just kept running. I ran about 2 or 3 miles towards town and then I stopped at a bus stop and caught a bus. About 2 or 3 blocks down, Ray got into the same bus. We rode back to the neighborhood. All he told me was that he had run from the officer and got away. He did not say anything about fighting with him. I went home and got there about 12:30. I did not see Catfish anymore that night. The next morning I walked back up to the park. Catfish drove by the park. We got to talking about the night before. He told me that when he was trying to get away in his car that the officer was standing in front of him with his gun. He said he went at the officer but the officer jumped out of the way and shot at him and hit the passenger side window. When I saw Catfish at the park yesterday afternoon, he was in his blue Chevrolet Impala'" And then continuing at the end of the statement. II We talked about it a little bit more but Ray never said anything about fighting with the officer. I do not know where Catfish got the car window fixed at. I want to say that I did not have anything to do with fighting with the officer or anything to do with Catfish trying to run him over.1I Catfish, later identified as Mr. Crooks, was indicted for attempted murder of a police officer. This officer, Officer Johnson. He was subsequently convicted of attempted murder of Officer John Johnson and 1111 get to that in a moment. He pled guilty to attempting to murder Officer John Johnson. And I will get to that in a moment. Special City Council Meeting, June 6, 1988 '" The Chief of Police made a review of the evidence and he wrote up a memorandum dated August 31, 1987, that is, I believe at Tab 5 in the evidence book. And I want to talk about a couple of those findings. Because I think what will become clear, I hope what will become clear, is that some of the evidence that became known later was not known by the Chief of Police at the time he made his original findings. And I want to talk first about (the pages are not numbered, but it appears to be the 4th page). Jim Dougherty pointed out the page number was at the top. Mr. Mithoff stated it was Tab 5. Jim Dougherty stated that there is a page number at the top of page 4. Mr. Mithoff stated: you are correct, it is page 4. Finding Number 4. The Chief reviews the grounds for using deadly force and discharging a weapon. Some of those obviously do not apply and I do not want to take time to go through those. Section 4. In self defense and in defense of others: When officers have clear and sufficient reason to believe that the person at whom they shoot presents an eminent threat coupled with the capacity of killing or seriously injuring the office or any other person. Officers are not justified in the use of deadly force to protect themselves or others from assaults which are not likely to result in death or grave bodily harm. That's the section of the policy manual. The Chief's conclusion is as follows on this particular section: liThe committee closely examined the position of the vehicle in relation to you" (meaning Sergeant Johnson) "at the moment you fired the shot. From witness statements, physical evidence and your testimony before the committee, they determined that the vehicle had already started to pass you at the moment the shot was fired. Mr. Demel's statement that the vehicle (quote) couldn't have hit him unless it hit the other cars, it looked like he knew he was out of danger (end of quote). At the time the shot was fired, they found that you were not in danger from an assault which was likely to result in death or grave bodily harm. I concur with their finding.1I Now I want to address that finding because there are two aspects of that finding that I believe, with the additional evidence, bare closer examination. His first conclusion is (quote) they determined that the vehicle had already started to pass you at the moment the shot was fired (end of quote). There is in the evidence book at Tab 37 a stipulation as to reaction time. Now at the time the Chief made his decision he did not have evidence before him relating to reaction time. Everyone has a copy if you want to take a moment to read it, you can. Let me read it though and you can follow, it is pretty short. "When Officer Johnson was in approximately the middle of the driveway, the car driven by the suspect came around a corner about 150 feet away. When it was within approximately 75 feet of the officer's position, the car slowed down, and then accelerated. From the point where the car accelerated, there is a disagreement as to the car's exact path. The witness Donald Demel recalls ....il. . JII""'; ..... . l.:.II.2.. J 11 ." ?" t I...., .;-, Special City Council Meeting. June 6. 1988 that the car moved to the east side of the driveway, but that it would still have struck the officer if he had not been able to move out of the w~. Officer Johnson recalls that the car moved toward the west side of the drivew~. and then toward him, and that it weuld have struck him if he had not been able to move out of the w~. The officer moved quickly to the west side of the driveway and fi red one shot as the car passed by... Now. here is the evidence that was stipulated to at ~ request about reaction time. . uThe average human reaction time (perception time plus the time required to actually take action) is approximately 1.5 seconds. From (a) the time that the officer realized that the car was about to strike him until (b) the time when the officer began to react. the car would have travelled more than half of the 75 feet (this being the distance originally separating the officer's position from the spot where the car began to accelerate). From (a) the time that the officer realized that the car was about to strike him until (b) the time that the shot was fired. the car actually covered the full 75 feet, because it was immediately abreast of the officer when the shot was fired.u Now this evidence is important for this reason. And this is stipulated evidence. this is not disputed. Officer Johnson says and has testified and it is uncontroverted that when the car came toward him and began accelerating. after it had braked, and began accelerating. it was approximately 75 feet away. From that point until the point immediately abreast of him was approximately 1.5 seconds. The average human reaction time is 3/4 of a second to perceive the danger and then 3/4 of a second to take some action in response to the danger. Officer Johnson. when he first saw the car 75 feet away and beginning to accelerate toward him. by his own testimony. stepped back out of the way and fired one shot. He had a second and a half to make a decision about what to do. Now the law is pretty clear. and the lawyers here will know that and the policy here supports that law. that a police officer is entitled to use deadly force if he reasonably believes under the circumstances then existing that his life is in danger. Even if later it turns out that he was mistaken. . And that his life really wasn.t in danger. The classic example is the drug raid. Police officer busts into a house. he has the gun drawn. he shouts police. you are under arrest. put your hands in the air. The suspect. typically. if he is trying to get rid of the contraband. will reach for some part of his body to get rid of the contraband. You are the police officer. I am the suspect; you break in. you announce yourself as the police; you have the gun drawn; you tell me to put ~ hands in the air. Instead I reach for my back pocket. Now I may be reaching for the contraband to get it off ~ person and discard it or I may be reaching for a weapon. You.ve got three quarters of a second to make a decision and three quarters of a second to react. I reach for ~ back pocket. Second and a half you have to take action. If you are wrong. you are Special City Council Meeting, June 6, 1988 dead. Vehicle speeding toward you. Maybe it will swerve. Maybe he is just kidding. Maybe it is a joke. Maybe he didn't intend to hit the officer. We know differently now. He confessed to trying to murder him. But let's assume that he was just kidding. He is going to swerve away. You've got a second and a half to react. What do you do? What he did was jump back and fire one shot. Now it is important because the reaction time was not taken into account, I don't believe in all fairness, by the Chief because he did not have that evidence in front of him. If Officer Johnson had started to react at the time the car was abreast of him, within a second and a half it would have been 75 feet down the road. At the moment he perceived the danger, it was 75 feet in front of him and coming towards him. And within a second and a half he reacted. By the time the bullet actually left the barrel of the gun, the vehicle was beside him. But at the time he made the decision, the initial reaction of the danger, the vehicle was still 75 feet in front of him. And a police officer, if a motor vehicle is bearing down on him and coming toward him, in an effort apparently to run him down, has a right to defend himself. And he has a right under our law even to be mistaken. Well, it was sufficient for him to jump back. He didn't have to fire a shot. That is not the test. The test is did he under the circumstances that were existing then, at that moment, in a second and a half that he had to react, was he justified. Same with the contraband. Reach for the back pocket. Maybe a gun, maybe contraband, you don't know. But you have a second and a half to make a decision. He had a second and a half to make a decision. This is not Monday night football with instant replay. This is real life and real death and that's what this man was facing. Now the statement from Mr. Demel was also referred to by the Chief because Lieutenant Moulton, after the Houston police had taken their statement, took a second statement and then a third statement from Officer Johnson which raises some questions that I will address later. Excuse me, a second and then a third statement of Mr. Demel. the neutral eye witness. And there were some discrepancies raised by that third statement. This is at Tab 31. This is statement that Lieutenant Moulton took in which he wrote down questions and then said he wrote down the answers that he got. "Question 5: Did the car swerve toward the officer? Response: The car had a little movement. The car wasn't directly aimed at the officer. It swerved to the east to go around the corner - to the east to miss the officer." Then again at question 16: "How close did the car come to the officer? Response: No idea. I never felt he was in danger. He knew to get out of the way and he did get out of the way. Now that raised some apparent discrepancies from his first statement. So we took the deposition, the City Attorney and I did, of Mr. Demel because I wanted to ask him about some of those apparent discrepancies. And I am reading now from page 47 beginning line 17 of the Demel deposition. I'll have to get that Tab number in a moment. "Question: you stated for example in response to question 16 (quote) I never felt he was in danger (end of quote). When I asked you a moment ago whether from your vantage point whether you had a view, whether r' n. I Special City Council Meeting. June 6. 1988 Officer Johnson was actually in danger as the vehicle was coming toward him. I believe that you said you thought that he was. Answer: I did say this but this is where this needs to be clarified. Question: all right. clarify it for us now. Answer: the car was coming at him. I just felt he knew what to do. Question: all right. Answer: He knew if he did not get out of the way he would be dead or run over. hurt you know. Question: All right. Answer: Yes. he was in danger because the car was coming at him. Question: All right. Answer: But he had enough sense to get out of the way. And that is the answer best to ~ knowledge. Best answer and best of your knowledge? Answer: Yes. II Stopping at line 21 on page 48. Then moving to page 49 line 25. IILet me ask you about a couple of other apparent discrepancies and let you clarify them for us. You said in statement number 1.. again referring to the statement I quoted earlier. (quote) -the car then appeared to brake slightly and then it accelerated and began driving toward the officer and it appeared that the vehicle was trying to run the officer down. (end of quote). And then in question No 5. the Moulton statement. the Moulton interview. he had you saying in response there (quote) the car wasnlt aimed directly toward the officer. It swerved to the east to go around the corner to the east to miss the officerll (end of quote). .Can you clarify that? Was this car in your view as you saw it aimed directly toward this officer or not? Answer: Yes. OK. this being east. Question: letls mark that on here. this is east. Answer: correct. Coming this way and this is where I want to say about these words. you know. one of the words. it says swerve. You know itls not that I can like do that. I would probably hit another car probably. He just moved over this way because it was like he was going to run down the cop. the officer. But you know hels got a gun pointing right at him so hels g~tting. hels trying to hug this carport as much as he can. Question: Did it. at some point as you have observed it. appear that the vehicle as you stated originally was (quote) trying to run the office down (end quote)? Is that correct? Answer: Yes. 1111 stand to that. Question: All right. Answer: And I felt he was going to get run down. II Stopping at line 16 page 51. And then picking up again at page 92. line 9. nIn regard to this man. as you viewed it on that night from your vantage point. was this car headed toward this officer? Answer: That is what I wanted to say. Thatls why I wanted to interrupt you right now. I just wanted to say there are so many little details that are being asked that live got so many answers in front of me 11m kind of like. well. God. which one. what happened. how many. two months ago. But I would say that the car was going to run down Officer Johnson. I think thatls all I need to say. Question: From you perception as you viewed it that night. was his life in danger? Answer: Thatls why. yes. sorry. I interrupted you again but I would say. and like I said you know. it happened that fast. So as when he stepped between two cars. I donlt remember. All I remember is I thought he was going to be run down. Who was going to do what first. Was he going to shoot first or was the car going to hit him. Question: As you viewed it. was his life in danger at that time. Answer: I would say it was. I mean thatls what got me. I think I even said hels going to - oh no. I think hels going to shoot. But thatls why I kept looking. because when I pushed Janet down. I was getting ready to go down but 1 saw nothing was happening. I mean it was in a way a stand OfT. But he did get out of the way because he knew if he Special City Council Meeting. June 6. 1988 r. ~r didnlt the guy would run him over. And thatls what I want to say as to when he was jumping aside is when I want to say a little. thatls when the car was more or less getting out of the way because the gun was still pointing at him. And I think thatls the best I can clarify or you know as to little detail stuff. I donlt remember that. But I would honestly say that the guy was trying to run him down.u Stopping at line 7. page 94. Now that deposition was taken with both counsel present to clarify discrepancies between the two statements that were apparent discrepancies between the two statements that Officer. or that Mr. Demel had given. Now I point that out because I think in fairness to the Chiefls findings that number I, he didnlt have evidence of reaction time and that he didnlt take into account the fact that a police officer in that second and a half has to begin the reaction at some point and he began the reaction when the car was 75 feet away and coming toward him and accelerating. And by the time the second and a half had passed and the bullet had actually left the barrel of the gun. the car was nearly abreast or abreast to him. He did not begin his reaction at the time the car was abreast to him. He began his reaction when the car was 75 feet away. And the second point I want to make with respect to his findings is that he was relying on a second statement of Mr. Demel that was apparently in conflict with the first one that I believe was clarified by Mr. Demel IS deposition in which he said (quote) I would honestly say that the guy was trying to run him down (end quote). Second finding that I want to address is paragraph 5. Paragraph 6 of Chiefls findings is actually related. He s.,s (quote) -I find no facts in the investigation to show that at the time the shot was fired it was an imminent threat to your lifeu (end quote). I think that that has been shown to be erroneous based on the statements of all the witnesses. But let me move to finding number 5 page 4. This section states that shots should not be fired on mere suspicion of a crime. It further states that an officer should have either witnessed the crime or should have the strongest probable cause to believe the suspect committed an offense for which the use of deadly force to apprehend is permitted. The Chiefls conclusion with respect to that section is (quote) Uthe committee made no determination as to whether the suspect. Kevin Crooks. was committing the crime of attempted murder.11 Likewise. I am not addressing that issue. Now, frankly. I find it a little curious when the man had been indicted for attempted murder of a police officer that the matter was not further pursued. But again giving due deference to the Chief. it may be that the charges were still pending and that therefore he did not want to address it further. Since the findings of the Chief have been issued. however. Mr. Crooks went to trial and Mr. Crooks entered what is called a nola contendere plea which in plain language means no contest. and it has the same legal effect in a criminal proceeding as a plea of guilty. Now what Mr. Crooks pled guilty to was attempted murder of a police officer and the police officer in question was Officer John Johnson. And based on that plea. the judge found him guilty of attempted murder. Now that is evidence that was not before either Mr. Rockenbaugh or Chief Griffith. Now that is relevant only because it I ~.~.. I m n. I I n" Special City Council Meeting. June 6. 1988 seems to me it verifies beyond any doubt Officer Johnsonls contention that he was in fear for his life. If Officer Johnsonls credibility is an issue. if the Chief chose to disbelieve for some reason Officer Johnson when he testified under oath by reason of these various statements. that h~ believed his life was in danger. then it seems to me that all doubt is taken away when the man who tried to run him over stands up in court and raises his hand and says yes I plead guilty to trying to murder the man. And it seems to me that under all the evidence that is now before us that this man was clearly acting in self defense. A police officer is entitled to take some reasonable action even if it turns out later that he was wrong. based on what he reasonably believes at the time. But we donlt even have to guess now about whether he was right in what he reasonably believed because the man who was trying to kill him has admitted he was trying to kill him. That evidence came in after the Chief made his decision and after Mr. Rockenbaugh made his decision. Now I respect the principle as I understand it that the administration should be supported by this Council whenever possible and I believe that to be a good policy. But when. because of later events or subsequ~nt evidence a decision of the administration is shown to be in error. then this Council should act to reverse this decision and overrule that decision. I believe it should be for very rare exceptions and I believe. or at least I want to believe. that everyone here was acting in good faith unless I am shown otherwise. So I would respectfully submit that this decision by the Chief and by Mr. Rockenbaugh should be over turned based on evidence that is now in the records and was not before them at the time. A police officer is entitled to act on what he reasonably believed to the circumstances at the time. And within a second and a half to make a decision about his life. That is exactly what happened here. Ther~ have been allegations that I did not pursue in this hearing. Jim Dougherty and I discussed this matter and I told him that I wanted this tried on the merits. Officer Johnson wants it tried on the merits but I will tell you there are allegations if it becomes necessary for this Council to consider I want to be considered. Because there are allegations in this record concerning an apparent visit by Lieutenant Moulton and the Chief of Police with the Houston police and with the District Attorney. Maria Brannon. There is an allegation that there was an attempt to influence her decision on whether to press charges against this man who subsequently confessed to att~pted murder. Now I donlt know whether those things are true or not. It disturbs me greatly that apparently there was some effort made to influence this case. I donlt know whether there is any motive here to proceed against Officer Johnson or whether this was simply a misunderstanding based on evidence that was available at the time. J would prefer to believe the latt~r. I would prefer to believe that everyone was acting in good faith. I would prefer to believe that these men did what they thought was right at the time. I would prefer that based on evidence we have now before us. that this matter can be resolved without getting into those collateral matters. If this matter can not be resolved based on the facts as we now know them. I think those matters bear further investigation. It disturbed me as well. quite frankly and it was part of one of my early letters to Chief Rockenbaugh (sic), that when Lieutenant Moulton reviewed this matter. he revl~wed all of the statements apparently in committee except the one from Mr. Abrams. Special City Council Meeting, June 6, 1988 And Mr. Abrams, you will remember, is the accomplice and the accomplice is the one who said of Catfish, i.e. Mr. Crooks, that he was (quote) Ilgoing for the officer to try to run him down." It is curious me as to why that statement was omitted from the review. It is curious to me as to why certain matters about the attempted murder of a police officer were not discussed. As I say I would prefer to believe that everyone was acting in good faith, that they were acting on evidence that was available at the time, and I would prefer to think that this Council, based on the evidence that is now in front of us, would clear this man and enter a decision that is just and is right and is correct. I understand that I will have a few minutes in closing, Jim (Dougherty), but that is my summary of the matters at this point. Mayor Parks invited questions from City Council, The Mayor first responded to Mr. Mithoff1s allegations and assured Mr. Mithoff that if his allegations were correct, the matter would be thoroughly investigated. Mayor Parks inquired into the procedural policies of the police department whether it was appropriate for an officer to proceed out on this own without calling for assistance at the point when he perceived there was criminal activity underway. Is it appropriate for an officer to put himself in a situation where he then had to react with deadly force without first calling for assistance. Not that the officer not proceed, but that he takes the one step that prevents him and others to be put at risk or danger. Mayor Parks: And understand, but maybe it is for his own safety that he needs to call in for assistance, or back up, before he proceeds. Not that he not proceed. but that he take the one step that prevents him and others to be put at risk of danger. After conferring with Officer Johnson, Mr. Mithoff stated it was Officer Johnson's understanding that it is common procedure for an off-duty police officer, if he is not in radio contact with the dispatcher or some other police outlet, either by a radio on his person or a radio in the car, to proceed to the scene of crime and then to call for assistance as soon as he can. It is preferable, he tells me to try to call for assistance before hand if possible. Mayor Parks stated the fact that Officer Johnson was in an apartment where there was a telephone and the chance to communicate was there. Mr. Mithoff responded that at that point it would be a judgement call on the officer's part if he takes too much time in attempting to make the report, the suspect may get away and it may all be for nought. So I would assume at that point it would have to be a judgement call. The officer tells me it is preferable if he can to make radio contact ahead of time. But if the circumstances are such that he does not have a radio on him or in his car where he can do it simultaneously to go into the scene, that is if he is in his car, he is driving to the scene of the crime, he can radio on the way or if has a radio on his person he can use the radio in going to the scene of the crime. If it takes time I V' ~, Special City Council Meeting. June 6. 1988 to get on to the phone to try to get someone there. it has got to b~ a judgement call I would assume at that point as to whether or not the suspect would get away with the Buick before he can get down there to stop him. Councilmember Bell asked if the door of the vehicle was open or was it closed? Mr. Mithoff answered he did not know that there was ever a final resolution of that fact issue. Officer Johnsonls recollection is that the passenger side door was open as the car was coming toward him. I believe Mr. Demel was asked that question and I believe he said he couldnlt recall one way or the other. There was a statement from another witness. and I did not refer to it here. but I believe it is in the book. about a door being open when the car came around the corner. But it was unclear as to which door it was. whether it was the passenger side door or the driverls side door. Officer Johnson recalls it being open. Mr. Demel could not recall on~ way or the other is ~ recollection. Councilmember Schwartzel asked if it were Mr. Mithoffls understanding that the time to take action is shorter than that when the officer detected or started to perceive the car was proceeding directly at him. he was standing at the middle of the driveway. they already perceive that he is in danger. already prepared to shoot. would that mean his reaction time would be sooner because he is ready to proceed? Mr. Mithoff stated that there are variations. This is average reaction time and the average perception time for the impulse to get into the brain is 3/4 of a second. I assume that within that average. there has to be variations. I donlt think it could ever be zero. At least I have never heard an expert say it is zero. But I think there can be somp variation. That is the average perception time. Councilmember Schwartzel further inquired if that average was from the initial perception. Mr. Mithoff responded affirmatively. that is from the perception of th~ ~vent translating into the perception of danger. Car to danger: three quarters of a second. Councilmembers Britton and Bryan reserved their questions until all the information had been presented. Mayor Parks announced that at this time. we will proceed to hear the presentation of staff. Chief Griffith. Chief Griffith presented the following findings. The investigation into this incident is completed and the information is submitted by the fact finding committee and their recommendation to the Chief. They found Sergeant Johnson is in violation of departmental policy. I reviewed the findings in the investigation and also found Sergeant Johnson in violation of Section 4.10 of West University Place Police Department Policy Manual which is entitled uFirearmsu. Subsection 8 Special City Council Meeting. June 6. 1988 (D) of that particular manual is pertinent. That subsection. subsection 8 states: officers are not permitted to fire their weapons under the following circumstances: (D) states: Shots shall not be fired at an automobile in which a person is attempting to escape or during hot pursuit for the obvious safety reasons. Those safety reasons include the two very basic common sense facts. One. a bullet will not stop a two ton vehicle. secondly. the chances of missing a moving target are great. If he had missed the moving target. then it was a high probability the bullet would have traveled into an apartment wall. According to the policy. I believe that the only proper resolution to this situation was for Sergeant Johnson to remove himself from the path of the oncoming vehicle. Why do we have policy that closely governs an officerls use of deadly force? For the safety of those we are sworn to protect. The highest value must be placed on human life. I was in fear for ~ life is a statement that has been repeated many times by many officers. It is one of those statements that can be applied to just about any set of circumstances. The standard set by the West University Place Police Department has been established in policy since 1981. The policy states: The general policy of this department regarding the use of firearms or other deadly force by police officers. on or off duty. is that an officer will discharge his weapon at another person only when he is legally justified. when the need to do so is strong and compelling and only as a last resort. The policy goes further by stating regardless of the nature of the crime or the legal justification for firing at a suspect. officers are reminded that their basic responsibility is to protect the public. Officers are instructed to be particularly cautious when firing under circumstances that would subject innocent bystanders to substantial danger. The standard to use fireanns only as a last resort is one that is being reflected in federal court decisions across the land. I believe the trend in the law is that there are more and more restrictions on officers use of force. In the courts and departmental policy. police officerls are held to a higher standard than what permissible force by a normal citizen would be. On October 6. 1985. Sergeant Johnson was involved in an incident where he discharged his shotgun at a passing motorist. He was disciplined under the same policy that we have quoted in this incident. He received a ten day suspension for that action. Letls consider what a proper course of action would have been for the night of July 22nd. 1987. First, Sergeant Johnson was on the phone when he observed a very suspicious set of circumstances. A proper course of action would have been to tell the other party on the phone to call the police for assistance. call the Houston police himself. call the security officer that was on duty that night. or simply call 911. This would have provided crucial assistance in the turn of events to come. Sergeant Johnson proceeded out to the parking area where his statement reveals that he struggled with one suspect. An armed officer is alw~s at risk when he struggles with a prisoner. I would question whether proper detainment and arrest procedures were used. In any event. an additional officer would have. could have. assisted in the arrest. After Sergeant Johnson chased the suspect on foot. returned to the parking area and began questioning the witnesses. he observed the suspect vehicle around the corner. With total disregard for his safety. Sergeant Johnson walked to the complex drive to stop the car by hand. A proper course of action would have I ~::o I 1'1. 'lit '0,0) ~" r ~ .iiI Special City Council Meeting, June 6, 1988 been to secure cover by a parked vehicle, attempt to stop the vehicle by verbal command if possible, and if not possible, obtain a license plate number or a description of the vehicle. Now in many respects Sergeant Johnson is a very fine employee. The purpose of this action is to mold John's decision making abilities. Sergeant Johnson has been assigned to a patrol shift. That provides the structured environment where he can improve his use of judgement. The department is also going to provide Sergeant Johnson with training in "shoot - no shoot" scenarios. But disciplinary suspension carries a deterrent effect. It is the sincere hope of this administration that these actions will mold Sergeant Johnson into a better employee. In summary, I would request that this Council uphold the recommendation of a IS-day suspension. In light of the previous incident, the recommendation for suspension and remedial training is very reasonable. Thank you. Mayor Parks asked a hypothetical question. We have a situation where a weapon is discharged but the car is clearly 200 yards away. Hypothetical on our facts. It is 200 yards away and an officer cl y (clearly, never clear in that situation, at least not these set of facts prior to what clearly the best we can on a dark night where no harm to self or others), what would the findings, what would the rationale of this department be for discharge of a weapon to that set of circumstances: Chief Griffith responded that for discharge of a weapon from that far off, no danger to the officer himself? The decision would be termination. Mayor Parks asked if we would tolerate that kind of operation in our department? Chi ef Griffith responded with a "No". Mayor Parks asked if the Chief of Police recommended suspension without pay for 15 days. Chief Griffith responded affirmatively, without pay. Mayor Parks asked for clarification the outside job restriction. Chief Griffith recommended Officer Johnson be restricted in his outside jobs to those that are local in nature and where he wears his uniform and has a radio with him where he can ask for assistance when he it. Mayor Parks asked what impact that would have on his outside job opportunities. Chief Griffith felt that is would probably have some impact, but not a 1 at. Mayor Parks asked for a response to his question from Mr. Mithoff. His impression was the function of the issue of the outside job restriction is a second issue. The Mayor's question is does that have Special City Council Meeting. June 6. 1988 : .. .. " . an impact on his opportunity to earn a living outside the West University Police Department. Mr. Mithoff stated that certainly with respect to security in an apartment complex such as he was providing at the time. He would not ordinarily be wearing his uniform day and night and he has a security matter come up in the evening when he was in his ordinary clothes. he ought to be able to respond appropriately with his badge and gun shown. Mayor Parks invited questions from the members of City Council. Councilmember Bryan asked of the Chief that he mentioned several times the policy regarding to fire a gun as a last resort situation. What would be a last resort? Chief Griffith responded that there are so many different scenarios. Let's say that if the subject was holding a gun on you. or fired at you. or obviously it was either your life or his life. that type of situation. There are so many scenarios that's a real hard question to answer. There are a lot of different. there are always different alternatives. I usually say there are always alternatives in situations. Not always. but usually there are alternatives. A lot of those alternatives like I mentioned here can be put in place by the manner with which you approach a situation. You walk out into the middle of the drive and you are not putting yourself in danger. If you are out on a traffic stop or use proper safety techniques. using your car as cover and all. you've got some alternatives to use other than the use of deadly force. Mayor Parks invited other questions. There were none offered. Mayor Parks then announced that at this time the Council would go back to the response of the applicant. Mr. Mithoff began by stating that he wanted to respond just briefly to a few matters the Chief has raised. First. with respect to the prior incident. Officer Johnson had a prior disciplinary action against him as part of the record. He did not contest it. He accepted the punishment. It has nothing whatsoever to do with this incident. This incident involves self defense and that was not involved in the first incident. Secondly, the Chief refers to a violation in shooting at a vehicle when there is an attempted escape or hot pursuit. That has nothing whatsoever to do with this incident. If Officer Johnson was firing at the vehicle after it had passed him by and he was turning around shooting at the vehicle trying to get it to stop. that would be a clear violation. That is not what happened here. Under the stipulated evidence, the vehicle was 75 feet away when he perceived the danger and he took action. The Chief says that there are several things Officer Johnson could have done differently. Sitting down in a chair. reviewing this evidence over a cup of coffee. sure there are some things he might have done differently. Maybe he should have never gone down there. Sure he may have jumped out of the way without shooting. But we are talking about a judgement made in a second and a half. The law has been clear for as long as he knew that a police I , .0: 0 I lit 10m. .~ JII I.. :_ I r ~~. Special City Council Meeting. June 6. 1988 officer is entitled to act reasonably under the circumstances that he perceives, even if later. even if later. he is mistaken. Mr. Mithoff did not think Officer Johnson needed retraining and made remarks concerning the officersl quality of character. Mr. Mithoff felt strongly that Officer Johnson was the type of officer the City needed on its police force, Mr. Mithoff stressed that the disciplinary action was an unjustified and unwarranted decision and it needed to be over turned. He further urged that Officer Johnson be returned to his full duties and restored to his good name and his good reputation in the community. Mayor Parks spoke on behalf of the City Council and stated that prior incidents would not be considered. We are here to hear the issue at hand. What has gone in the past. is in the past. It is my understanding that the chief contest is that there was any suspension. Mr. Mithoff agreed and felt the suspension would be unwarranted under these facts. Mayor Parks asked if there was no violation of policy leading into the situation in terms of he was on the phone. there was no opportunity at that time to call in or radio. Mr. Mithoff stated it was not raised in the findings and he did not think Johnson was disciplined for failing to call for help when he went down into the parking area. That was not a matter that was in this disciplinary review. The disciplinary review related only to the discharge of the fireanM and that is what he was vigorously contesting. Mayor Parks invited any other questions. Councilmember Bryan had a question about the outside employment restrictions as to whether those restrictions were placed on all officers. Chief Griffith responded the outside employment restriction was only for a limited period of time. It was not permanent. Councilmember Bryan asked What is the term? Chief Griffith stated that it would be necessary to work together as the officer begins to improve. Officer Johnson has acclimated very well on the patrol shift. If he continues. then we will give him the same restrictions everyone else has. Mayor Parks asked the Chief. if it were his understanding that Mr. Mithoffls characterization of the charge that there is nothing to a violation of procedure relative to calling and it is only the discharge of the weapon. Chief Griffith responded affirmatively. Mayor Parks asked if there were any other questions from Council. No questions were offered. Mayor Parks asked if there were any other Special City Council Meeting, June 6, 1988 .r presentations. No further presentations were offered. Mayor Parks then stated that Council would take the disciplinary appeal under advisement and come back with a final decision after everyone is satisfied. City Council appreciated the presentations tonight by both parties. City Council appreciated having the citizens present. With no further business to come before City Council at this time, Mayor Parks declared the special session adjourned at 8:35 p.m. /!. CITY COUNCIL WORKSHOP SESSION THURSDAY, JUNE 9, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, June 9, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bel', and Britton. Councilmember Schwartzel was absent. Also present were the City Manager, City Secretary, City Attorney and the Chief of Police. Hearinq of Residents: There were none present who wished to speak. Jean Hardv and Rice Blvd. Group to Dresent official Detitiqn concerninq the use of elementary school qrounds Jean Hardy, 3755 Rice Blvd., addressed Council with what she believed to be serious areas of disagreement with the sports associationls use of the elementary school grounds. To date no solutions were committed to writing. Mrs. Hardy presented the official petition from the Rice Blvd. Group to Council which is attached to the minutes of this workshop. In summary, the petition addressed the following issues: 1. Remove structures that were install this year; 2. Adopt a written set of guidelines for the use and further development of the school grounds; 3 Designate a city official whose responsibility it is to communicate with residents of the Rice Group; 4. Decrease the schedule on Playing Field No.2; 5. Improve the appearance of Field No.2; 6. Reduce the number of lights throughout the park and redirect others; 7. Keep sprinkler system in good working condition; 8. Dev control over the loudspeaker noise; 9. Encourage police to enforce laws at the park; 10. Avoid altering the drainage pattern on Field No.2. The Rice Group pledged to continue to support through tax dollars and voluntary individual contributions. responsible organized sports, tolerate an acceptable level of inconvenience and disruption in their lives and to assist in the development of the guidelines. City Council Workshop Session, June 9, 1988 ~ r~ The petition carried 56 signatures. The other items of concern expressed were (a) the water fountain overflows and needs to be fixed, (b) garbage from the Scout House is not picked up on a regular schedule and (c) foul language on the basketball courts. Mrs. Hardy stated the Rice Group had two meetings with the Sports Association but felt it was fruitless to meet again. There was not another meeting scheduled at this time. Mayor Parks recommended and encouraged all parties to continue to meet to narrow down the issues of concern. Sonny Ahrens addressed Council and stated that the Sports Association was willing to compromise in several areas and had expressed this in the two meetings. However, the Sports Association members did not feel the Rice Group was willing to compromise. Mr. Ahrens presented a petition expressing the following statements: 1. We do not feel that residents of the 3700 block of Rice Boulevard should be granted control of the activities or facilities on the city park located on the West University Elementary School grounds; 2. We feel that the organized youth sports programs with parental support is a healthy, positive use for this public land and those programs should not be downgraded nor reduced; 3. We want the current spectator seats and scoreboard to remain on the softball field. The petition carried 181 signatures. Russ Schulze, Chairman of the Parks Board, advised Council that there was a third meeting proposed for Mr. McLaughlin and Mr. Slusser to meet with the Rice Group. Councilmember Britton asked if the Sports Association members were willing to admit that there were problems and were they willing to negotiate with the Rice Group. Mr. Ahrens responded that on some issues they were willing to compromise, but on others they were not. Mayor Parks thanked the residents for coming and advised that they continue to work together on remedies and solutions mutually beneficial to all parties. Further, City Council was willing to work with all groups after their recommendations and solutions were agreed upon. I ~, City Council Workshop Session. June 9. 1988 Consider Kammerman aDDeal Mayor Parks opened discussion to consider the disciplinary personnel appeal of Bernard Kammerman. The City Attorney. Jim Dougherty, advised that City Council had received all information from the attorney for Bernard Kammerman. Michael D. Peck. and from himself. Mr. Dougherty stated he had reviewed all the information. There may be additional questions from Council and that was scheduled for open session at this time. Councilmember Bryan asked if there was a hearing where the group actually heard and cross examined witnesses. Mr. Peck stated he had been told the fact finding committee held an internal investigation where witnesses and evidence were investigated. Councilmember Bryan asked who actually talked to the witnesses who were in the position of asking them questions. Chief of Police. Stephen M. Griffith. stated that the fact finding committee intprv1ewed the officers that were involved. The postal worker was the main outside witness. Mr. Peck emphasized, that in his opinion. Bernard Kammerman was not given a public hearing. No Personnel Review Board had heard the case. Kammerman did not receive a public hearing prior to his termination. The only hearing was the fact finding review board. Mr. Peck maintained that the City Charter and city ordinances provided for a public hearing and Kammerman was not given one. The City appointed an examiner to conduct a hearing but the City still needs to provide a public hearing. Mr. Peck believed the hparing examiner was an unauthorized delegation of duty by the City Council. Kammerman gave evidence and testimony to the fact finding review committee which exonerated him. but he was still terminated. Jim Dougherty responded that Mr. Peck had previously stated that Kammerman was terminated on the second day of Chief 6riffithls emplOYment with the City. Mr. Dougherty did not believe this to be a correct statement. It is not correct to conclude the officer was terminated in July. The City provided every effort for a public hearing. There were a number of opportunities for a hearing which were declined. Mr. Peck chose to present no one. There was another opportunity after Kammerman was terminated. The record will show the hearing had been delayed a number of times which was not the Cityls doing. Numerous tries were made for hearings. The problem is not on the C1tyls side. Mr. Peck responded that Jim Dougherty kept referring to an appeal which implies there was a hearing in the first place. Mr. Peck stated he refused to present testimony because we felt we did not have a hearing. Mr. Peck stated that a number of times he waited City Council Workshop Session, June 9, 1988 and did not meet. Mr. Peck was of the oplnlon that the personnel appeal board (authorized in the 1940 City Charter) was never repealed. Kammerman was suspended the second day of the Chief beginning to work for the City. The personnel review board set up certain review rights for the employees. Kammerman did not get them. He was not afforded any other hearing opportunities. In summary, Mr. Peck stated Kammerman did not receive a hearing as provided by the City Charter and memos. The City has not given Kammerman the opportunity still for a hearing. Mr. Dougherty stated that the old City Charter adopted in 1940 did have this provision for a personnel board but it was repealed. Mr. Dougherty further stated that there was no doubt in his mind that the citizens voted the old Charter out in 1983. Even then the personnel board was merely an advisory board. What we have in the personnel manual is a clear reference to the old personnel board but again it is the same kind of thing, talking about findings and recommendations, but the ultimate decision was to be made by the City Council. Council did adopt another procedure in 1987 which calls for a hearing examiner, which provides for more review procedure, more elaborate procedures, than what the City had in the old procedure. Mr. Dougherty did not believe the procedural point would go very far. There has been a substantial procedure established and followed. Addressing Mr. Peck's previous comment about the independent hearing examiner, Mr. Dougherty stated an arbitrator is provided for in the civil service but that must be adopted by the voters and not by City Council. Civil service does not apply to the City. Addressing Mr. Peck1s previous comment that the appointment of a hearing examiner was not legal, Mr. Dougherty stressed that if it were legal for the Council to delegate the whole matter to an arbitrator or examiner to hear and to make final decision, it is surely correct to delegate to an examiner to collect information to present to the Council. Mr. Peck stated he disagreed with the City Attorney's analogy. An arbitrator is a party agreed to by both parties. The hearing examiner is not. Mayor Parks invited questions and comments from Council. There were none offered. Mayor Park thanked both attorneys for their presentations. Discussion of Property Acquisition This discussion was scheduled for a closed executive session. However, the decision was made to remain in open session. Ginger Rocha, representative from the Metropolitan Transit Authority, presented to Council a proposed plan to widen Westpark from Weslayan to Kirby. The plans included a realignment of the street right of way and the taking of a portion ~ ( City Council Workshop Session, June 9, 1988 of the City's property along Milford at Wakeforest. Ms. Rocha submitted an offer from Metro for the purchase of the property. After discussion, Mayor Parks recommended, and Council concurred, that an appraisal of the property would be to the City's benefit. Staff was instructed to contact an appraiser for this purpose. Discuss procedure for publication of the EPA reauirement for notice of lead contaminates City Manager, Richard Rockenbaugh, advised that the City was required to publish a notice in a newspaper of major circulation once per month for three consecutive months. The publication is required of all public water systems to notify their customers about lead exposure. The notification is intended to educate and inform consumers of the issue even though the City's water system is not in violation of the current standard. A draft of the notice was distributed for Council's review. Members of Council approved the notice as submitted and suggested the noticp also be published in Citv Currents and include information as to how residents may test the water in their homes. Discuss overlay of streets involved in the sewer line proiects The City Manager advised Council that the City has received several requests from home owners to have their street overlaid with asphalt. The original construction estimate for sanitary sewer replacement in priority area No.1 Phase 2 included funds for asphalt overlay. Because of the damage to the streets during the construction phase of the sewer line replacement project, it was considered to pave the streets in Phase 1 and Phase 2 areas. There is money available to do the project. Councilmember Britton recommended the City adopt a consistent policy to do the overlay. After discussion, staff was instructed to draft a policy for the street overlay project for Council 's review. Consider selection of propositions for proposed bond issue 1988 This item was removed from the agenda at the Financial Advisor's request. Council Comments Councilmember Bryan asked about the house on Lafayette at Buffalo and was concerned with the circular driveway. Mr. Rockenbaugh said he would check with the Chief Building Inspector. Councilmember Bell asked the status of the Browning Street closing. Mr. Rockenbauqh reported the design was in progress. Staff report City Council Workshop Session, June 9, 1988 Richard Rockenbaugh reported the City's surface water plan was approved by the Harris Galveston Coastal Subsidence District. Kammerman appeal and Johnson appeal This discussion was scheduled for a closed executive session. However, it was decided to remain in open session. City Council discussed the Bernard Kammerman disciplinary appeal and the Johnson appeal. It was decided to place these items on the agenda for the regular meeting on Monday, June 13, 1988. Adjournment There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 12:20 a.m. r r~ RtGULAR CITY COUNCIL MEETING MONDAY, JUNE 13, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, June 13, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell and Britton. Councilmember Schwartzel was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Councilmember Bell delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Mayor Parks read from the sign-in roster of those requesting to speak and recognized Kenneth H. Pearce, 3518 Georgetown. Mr. Pearce deferred his comments to Terry Harper. Pat Gough, 3307 Sunset, Vice President of the West University Softball Association, presented a position statement to City Council. The statement related his strong objections to the points previously made by the Rice Group. Mr. Gough did not think the citizens on Rice Blvd. represented the consensus of the community and further emphasized that representatives of over 350 families strongly objected to the petition presented to Council by the Rice Group. Joann Mitchell, 6352 Buffalo, spoke to the problem that was brought to Council IS attention at the workshop on Thursday, June 9, 1988. by the Rice Group. Ms. Mitchell stressed she was very concerned by the claims of the Rice Group. She questioned how much of a nuisance the playing fields actually were to those residents in the 3700 block of Rice. There are those living adjacent to the playing fields that have chosen to not build privacy fences and Ms. Mitchell felt they enjoyed the happy noises from the school grounds. A very small portion of the residents on the south side of the 3700 block of Rice have taken the opportunity to build privacy fences to block some the annoyances they have complained about. Ms. Mitchell thought those residents had the use of additional HISD frontage at the rear of their property which they can and do enjoy. Terry Harper, 5808 Annapolis, a coach in the soft ball association spoke in support of the improvements that have been made to the playing fields. He spoke in support of the community commitment from parents, kids and coaches of the softball association. Mr. Harper was particularly concerned that the bleachers and score Regular City Council Meeting. June 13. 1988 .... board be considered as a means of providing adequate playing facilities for the community. Mr. Harper felt the use of the school grounds for sports events promoted a strong family structure of the entire community. Lynn Miller. 3020 Rice. past president of the West University Softball Association. reported that as Council had requested. the Sports Association had met with the Rice Group on several occasions. From these meetings she thought the distress of those residents in the 3700 block of Rice had never been minimized and the Sports Association had tried to work with them. Ms. Miller felt is was frustrating to hear that a petition would be presented to Council regardless of any concessions the Sports Association was willing to make. Ms. Miller felt it would be a travesty to require the removal of the capital improvements made to the playing fields. Sonny Ahrens. 3729 Nottingham, President of the West University Softball Association. stressed he was very disturbed to see that a number of people on Rice Blvd. who supported the Sports Associationls position had signed the petition circulated by the Rice Group. Mr. Ahrens felt the association had tried to be good neighbors and work with the Rice Group but he felt their demands were beyond reason. Mr. Ahrens thought that most people were not given the opportunity to control the property adjacent to their homes and felt. in effect. the petition presented to Council by some of the Rice Blvd. residents was demanding that control. The petition submitted by the Rice Group asked for removal of items from the fields and reduction of activities which were unfair requests. The Sports Association expends every effort to ensure that city noise ordinances and building codes are upheld. Mr. Ahrens emphasized that the community as a whole was in favor of these youth programs and the fields were necessary to accomplish their goals. The bleachers and scoreboard were not offensive and attracted approximately 24 parents per team to participate with their kids. Mr. Ahrens asked that the community be protected from the selfish demands of a few residents. Bill Slusser. 6437 Rutgers. spoke as Vice President of the West University Little League and as a parent. He delivered a letter from Peter Taaffe which reported the status of the West University Little Leaguels efforts to work with the Rice Group. Mr. Slusser expressed his concern that there were residents in this community at odds with one another. Mr. Slusser stated the Little League was willing to work with the Rice Group if possible. He expressed his opinion that the Rice Group had no more rights to control public property and parks than anyone else. City Council received the letter from Peter Taaffe. Russ Schulze. 3518 Rice Blvd., spoke in his capacity as chai~an of the Parks and Recreation Board. At the request of Curtis Cooper, Director of Operations, Mr. Schulze had attended 0' r "-::;01 0111 to.. rn Regular City Council Meeting, June 13. 1988 all the various meetings that had occurred. The Rice Group claims there is no city process to hear their complaints. However, City Council delegated responsibility to the Parks and Recreation Board to hear citizen complaints several years ago. Mr. Schulze proposed to work towards the following goals: (1) Establish a good neighbor policy applicable to all city parks; (2) Establish a policy for park maintenance to assure responsible usage and maintenance of the schools grounds in addition to the Tri-Sports activities. Mr. Schulze proposed the Parks Board work with city staff, Tri-Sports and other concerned citizens to develop recommendations regarding more effective management of the elementary school playing fields. Mr. Schulze proposed to have a report for City Council IS review by September or October. Official written statements of all those who addressed Council are attached to the minutes of this meeting. Mayor Parks thanked the concerned residents for their comments and statements. He stressed that the City has always had a policy of neighbors working with one another. City Council would await the outcome of the meetings as proposed by Mr. Schulze before taking any action on the matter. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel Voting No: Absent: PERSONNEL MATTERS: City Council considered the personnel of Bernard Kammerman and John Johnson. (a) Kammerman Appeal Mayor Parks announced that City Council would consider the disciplinary appeal of Bernard Kammerman. Mr. Kammermanls attorney, Michael David Peck. was present. The questions before Regular City Council Meeting. June 13. 1988 . ... ..." Council were (1) were proper procedures followed and complied with relative to the City's existing Charter and the fact finding as it was dealt with. and if so. then Council will consider (2) was there abuse of discretion. and if so. on what basis and (3) does Council affirm. modify or remand staffls recOlllllendation. Mayor Parks opened the appeal for Council's discussion. Motion was made by Councilmember Bell that City Council accept the procedure as proper. Counc11member Britton seconded the motion. Councilmember Bryan expressed her concern that there. for what ever reason. and she understood that there were some mitigating circumstances on this. but there never was a full hearing in front of any individual or any body where witnesses could be cross examined. and she had some concerns about that. Mayor Parks asked if she were suggesting it was not provided or there was an opportunity provided and the opportunity was not taken. Councilmember Bryan responded she was simply suggesting it never existed and it never happened and she had a concern about that. She expressed that she did not know legally whether or not it was provided. Councilmember Bell stated that reading the thick file Council had on the case. he thought Kammerman and his attorney had the opportunities and did not take appropriate action. Mayor Parks invited further discussion. Nothing further was offered. Mayor Parks called for a vote on the motion. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bell. Britton Councilmember Bryan Councilmember Schwartzel Mayor Parks stated the procedure has been found to be proper. As to the issue of facts: was there abuse or not? Motion was made by Counc1lmember Bell that there was abuse. In reading the file. in his own words. Kammerman admitted that he used the night stick to strike the prisoner who was under arrest. Councilmember Britton seconded the motion. Mayor Parks invited discussion. Councilmember Bryan stated she disagreed. There was no question that the night stick was used. She thought that in this particular instance an officer was attempting to apprehend a known criminal. In the situation. it appeared the person he was attempting to arrest. was resisting arrest and appeared to be fighting the arrest and it was not real clear to her the degree that occurred with the poking with the night stick. She did not If'" Regular City Council Meeting, June 13, 1988 want to second guess an officer's decision that was made in four or five seconds. Her decision on that would be IInoll. Mayor Parks asked Councilmember Bryan how she dealt with a broken leg and forcing the prisoner to walk. Councilmember Bryan responded that if the officer did not know that the prisoner had a broken leg, then he could not deal with that. Mayor Parks asked if she thought so even in a wreck where there is significant damage to the vehicle and you ought to presuppose the possibility of injuries. Councilmember Bryan responded she did not think, in a four to five second period of time, ten second period of time, that you can make that decision. Councilmember Bryan stated she was assuming the officer did not know the prisonerls leg was broken, that the prisoner appeared to be resisting arrest. Mayor Parks asked: a compound fracture? Mayor Parks invited further discussion. Nothing further was offered. Mayor Parks then called the question. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Britton Councilmember Bryan Councilmember Schwartzel Mayor Parks asked for further facts that Council wished to include in the form of a motion relative to the approval or denying of the action by the city staff in the terms of the dismissal of this officer. City Council would have to find whether it was proper, not proper, or needed to be remanded. Motion was made by Councilmember Britton that the discipline by the staff be affirmed. Councilmember Bell seconded the motion. Mayor Parks invited discussion. No discussion was offered. Mayor Parks called the question. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Britton Councilmember Bryan Councilmember Schwartzel (b) John Johnson appeal Mayor Parks advised Council that the same procedure would be followed to determine Council IS findings in the Johnson appeal: (1) to find whether the procedural aspect was proper. and if so. (2) to determine findings dealing with whether the officer fired the weapon in self defense; (3) whether the officer violated Section 4.10 of the Police Department Policy Manual; and Regular City Council Meeting. June 13. 1988 ~ ~r (4) whether staffls recommendation should be affinned. modified or remanded. Motion was made by Councilmember Bryan that the procedure that was followed was proper. Councilmember Bell seconded the motion. Mayor Parks invited discussion. No discussion was offered. Mayor Parks called the question. Voting AYe: Voting No: Absent: Mayor Parks. Councilmembers Bryan. Bell. Britton None Councilmember Schwartzel Mayor Parks called for Council IS findings dealing with the factual issues. primarily dealing with issues in 4.10 of the Police Department Policy Manual. Section 4.10 provides where the discharging of a weapon mayor may not occur. The first issue: was the discharge of the weapon perceived by Officer Johnson in self defense. What does Council find relative to this question? Motion was made by Councilmember Britton that Officer Johnson perceived that the discharging of the weapon was done in self defense. Councilmember Bell seconded the motion. Mayor Parks invited discussion. No discussion was offered. Mayor Parks called the question relative to the motion as presented. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan. Bell. Britton None Councilmember Schwartzel Mayor Parks asked for Council IS findings dealing with (a) whether in fact there was a strong and compelling reason to discharge the weapon and (b) whether the police officer discharged the weapon as a last resort and (c) whether in fact the shot was fired because it was a person attempting to escape: all the issues specified in Section 4.10 of the Police Department Policy Manual. Motion was made by Councilmember Britton that Officer Johnson was in violation of Section 4.10 of the Police Department Policy Manual. Motion was seconded by Councilmember Bell. Mayor Parks invited discussion. Councilmember Bryan stated she disagreed simply because she thought this was an officer. again, who was chasing someone who was obviously pursuing criminal behavior and in this particular situation, the seconds were even less than 5. Officer Johnson was having to make a decision. He may have had several options available to him and they may have been the better way to go. but she was not sure anyone can second guess what any of us would do in a similar set of circumstances. Councilmember Bryan did not I r~ Regular City Council Meeting. June 13. 1988 believe that the officerls actions were in violation. She thought there was a strong and compelling need to react in some form or fashion. which he did. Councilmember Bell stated he agreed with what Councilmember Bryan said. but the point was. did he violate the rules. Councilmember Bell express that he could not say what he would have done in a similar s~t of circumstances. Councilmember Bell admitted he was nervous and he could imagine looking at a big vehicle coming at him trying to kill me. But the question was. did the officer violate the rules. Mayor Parks added that was the point and were those rules applied as the staff dealt with them. Those were the issues. Councilmember Bell stated that as Council read it. Section 4.10 prohibits firing a shot at a car in which a person is attempting to escape. Council discussed it Thursday night during workshop session and it is a tough decision. Was Section 4.10 written as a car is coming at you or going away? But Councilmember Bell thought the danger was still there. shooting into the automobile. Councilmember Bryan reiterated her argument. She thought it was probably not an issue if in fact that car was attempting to escape. It was attempting to run the officer down in the process of escaping and that is at the point where the action of the officer occurred. Councilmember Britton expressed his opinion that the officer was to fire a weapon as a matter of last resort ana he did not think Officer Johnsonls action was a last resort situation. Mayor Parks invited further discussion. No further discussion was offered. Mayor Parks called for a vote on the motion as presented which was: the officerls action was a violation of Section 4.10. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bell. Britton Councilmember Bryan Councilmember Schwartzel Mayor Parks advised that Council needed now to deal with the issue of whether the penalty as assessed by the staff was proper. improper or needed to be remanded. Motion was made by Councilmember Britton that City Council affirm staff's recommendation which was. as follows: (1) suspension without pay for 15 days without pay; (2) extra training in officer survival procedures. including the use of firearms. This will be prescribed by the Chief and completed on or before December. 1988; Regular City Council Meeting, June 13, 1988 f""~ (3) observe the Chief's restrictions on extra jobs. The motion failed for lack of a second. Motion was made by Councilmember Bell that the suspension be reduced to ten days, have no bearing or no policy change as to Officer Johnson's outside employment, for that to remain exactly as it was before this incident happened, and other items remain as provided by staff. Councilmember Bryan seconded the motion. Mayor Parks invited discussion. Councilmember Bryan explained her reason for seconding the motion was because in the process of discussion she would, number 1, prefer to see zero days suspension, she would prefer to see no discipline in this case, but as opposed to 15 days, she was willing to go, for the officer's benefit, with a moderated proposal. Mayor Parks invited further discussion and stated he viewed this as interesting in the sense that Council would hope the officer would not find himself in that situation in the future and that if Council can encourage officers to take action so that they do not end up in a situation where they have a half second to think, then we are all better off. We surely do not want our officers injured or hanned in any way. It struck the Mayor as an opportunity to encourage City police officers to not put themselves in those kinds of situations, to do police work that is in accordance with the Police Department Policy Manual, where the use of force only occurs in an unusual set of circumstances. Councilmember Bryan asked to recheck the motion. The motion was to reduce suspension to 10 days, that outside employment be exactly the same as other officers, and there is another issue relating to extra training. What was the motion relative to extra training. Mayor Parks stated the motion relative to staff's recommendation for extra training be included. Councilmember Bell stated he did not feel extra training was a punishment and that it should be provided for every officer. Councilmember Bryan stated that this is a situation that Council has had to deal with more than once in the last two or three years and she would like to see all the officers take extra training in relation to this particular problem. Mayor Parks invited further discussion. No discussion was offered. Mayor Parks called the question relative to the motion as presented. I .-. , tIf 11.1 I ~" Regular City Council Meeting, June 13, 1988 . . Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel Mayor Parks addressed the interested parties present stating that Council wrestled with the problem and tried to give the best judgement. If counsel needed to go forward from here, you will take the steps you feel appropriate. Council is coming with a decision that is not only in the best interest of the City but of the officers involved. Council has been very diligent in trying to weigh the decisions. These have not been easy decisions. Council has thought long and hard among ourselves, discussed it every way and we feel like these decisions are the best that Council could come to in light of the facts as presented and our view in where we need to be as a City. That is where we stand because we can do no other. City Attorney, James L. Dougherty, Jr., requested that there wer, two record books that have been submitted in connection with these appeals. Mr. Dougherty recommended that if Council wished to do so, they adopt the records as submitted. In the case of the Kammerman appeal, there were findings of fact and conclusions of law included. And in addition there were other submissions made after the record was certified to the Council. If it pleased the Council, Mr. Dougherty recommended an additional motion to adopt that record. Mayor Parks asked if this were the record submitted by the examiner relative to the Kammerman case. Mr. Dougherty responded that there were two different ones. The Kammerman record includes findings of fact and conclusions of law. There were also submissions made after they were certified by the examiner. Both the applicant and staff made additions for submission to Council. Mayor Parks stated that counsel has had opportunity to submit and the record represents submissions by both sides. Mr. Dougherty responded that was correct. Mr. Peck, attorney for Bernard Kammerman, stated that his client objected because he did not feel he had ever had the opportunity to present to Council the case in his defense. Kammerman had not had an opportunity to present to any type of tribunal a defense. One defense opportunity was the fact finding committee by the Police Department which exonerated him. Since then he has been given the opportunity to present evidence to the hearing examiner whose post was created three or four months later by ordinance. Mr. Kammerman had wanted to present the facts to Council. That is one of the procedural differences of opinion. Mr. Kammerman felt that the hearing examiner could not have the Regular City Council Meeting, June 13, 1988 authority to hear anything because he was not in existence at the point of Mr. Kammerman's incident. The Mayor asked if counsel had all the documentation that he wished to present. Mr. Peck answered negatively. We do not have all the documentation and the record does not have the oral testimony since there was none. Mayor Parks asked if Mr. Peck was referring to all the oral testimony that was presented. Mr. Peck responded that there was not any. Mayor Parks stated that the opportunity was available. Mr. Peck stated there was not an opportunity. There was oral testimony that was to be presented at the appeal. But the appeal, from what he could gather. was not to be a hearing. it was to be a review of the original evidence which was from the fact finding committee which exonerated Mr. Kammerman. Mayor Parks asked that in terms of this record, is it complete? Mr. Dougherty recommended the record be adopted as submitted by the examiner, that is what Council has reviewed. He was not asking that it be changed. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that City Council adopt the record as submitted by the hearing examiner, including additional submissions since the examiner's submission, as the official record of the Bernard Kammerman disciplinary appeal record, Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel The City Attorney advised that there was also a record of the Johnson appeal and that there was an amendment to that. There was a conviction record that was forwarded by Counsel for the applicant. If it pleased the Council, Mr. Dougherty recommended they adopt the record and include the additional conviction record. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that City Council adopt the record as submitted, including the conviction record forwarded by applicantis counsel, as the official record of the John Johnson disciplinary appeal. ~ ef- I ~r Regular City Council Meeting, June 13, 1988 , . Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel FENCE RESTRICTIONS: Consideration was given to Council's response to certain fence restrictions inquiries. (a) 6610 Brompton City Manager, Richard Rockenbaugh, related that Council had already heard these requests in workshop meeting two weeks ago. All the information _as presented at that time. Unfortunately, the Mayor and Councilmember Britton were absent during that particular workshop session. Councilmember Schwartzel was present at the workshop session but is absent tonight. There remains two Councilmembers that are privy to the discussion. Mayor Parks suggested the matter to proceed would be left with th~ applicants who were in attendance. The applicant for 6610 Brompton, Dr. and Mrs. Medrano, chose to proceed. Mr. Rockenbaugh advised Council that the Medranos were issued a conditional occupancy permit which was conditional on Council's decision on this matter. The other gentlemen was not in attendance, but his situation is not quite as complicated as the Medrano fence. Charles Ligon, 3128 Lafayette, architect for Dr. and Mrs. Medrano, 6610 Brompton, addressed Council stating that before the house was constructed he had applied and obtained all the permits from the Inspection Division. The house was built and he was confident the plans complied with city codes. Dr. Medrano wanted a ten foot fence, However, Mr. Ligon was told by the Inspection Division that only an eight foot fence would be acceptable if it were part of the architecture. The drawings were submitted for approval. The plans specified an eight foot wall in the front and eight foot wall around the perimeter on two sides. On the wooden fences, the City did state on the plans that the fences would be under separate permit. Mr. Ligon thought that meant the City would handle the fences. The wooden fences were called fences, but the wall was called a wall. The drawings were resubmitted for permitting purposes which were approved. The fence was built but later Mr. Ligon was told the fence did not meet code. Mr. Ligon expressed his opinion that there was some confusion relative to the definitions in the code referring to fences and walls. Councilmember Bryan asked Mr. Ligon if he would identify the sections of the code that he considered unclear. Mayor Parks suggested that if Mr. Ligon would like to submit a recommendation to City Council, they would be happy to study the matter. Regular City Council Meeting, June 13, 1988 .. fI". R ~. 1 _ . After further discussion, motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the question concerning the fence at 6610 Brompton be tabled to allow time for further study. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel (b) 6345 Belmont Mr. Rockenbaugh advised Council that Mr. Finley, 6345 Belmont, built a fence three feet beyond the property line. It is in a side yard and on city easement. Councilmember Bryan explained it was originally built because of surveying problems. The fence was built in correspondence with an erroneous survey. Mr. Finley had his property re-surveyed and discovered the fence was three feet beyond the property line. Mr. Finley is asking for permission to extend the fence and to leave this portion in City right-of-way. Councilmember Bell expressed his concern that if Council pennits this fence to remain in City right-of-way, it will set a poor precedent and create future problems for the City. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that City Council deny the request to allow the fence section to remain in City right-of-way. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel APPOINTM~NT OF CHARTER R~VIEW COMMITT~~~ Mayor Parks presented and read the following: RESOLUTION NUMBER 88-06 AN RESOLUTION APPOINTING A CHARTER REVIEW COMMITTEE FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR A TERM OF OFFICE AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Section 10.13 of the City Charter of the City of West University Place, Texas, requires the City Council appoint, at its first regular meeting in June, 1988, a Charter Review Committee of seven residents of the City; and WHEREAS, said Section 10.13 provides that the term of office of the Charter Review Committee shall be six months unless extended by the Council; and 01 r oom T'. -:r 1 _I.J. IU I .: :... I r I p~ Regular City Council Meeting, June 13, 1988 WHEREAS, the powers and duties of the Charter Review Committee shall be as follows: (1) Inquire into the operations of the City government and review this Charter to determine whether the Charter needs revision. Public hearings may be held and the committee shall have the power to compel the attendance of City officers or employees and to require the submission of City records necessary to the inquiry and review. (2) Propose to Council recommendations if necessary to insure that the City government and its operations comply with this Charter. (3) Propose to Council recommendations if necessary to improve the effectiveness of this Charter. (4) Make a written report of its findings and recommendations to Council . (5) Present to Council proposed Charter amendments if any are considered necessary. (6) Meet at least once every two months during its term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following persons be appointed to serve as members of the Charter Review Committee: Jerry Nickell Janet Redeker Betty Sellers Louis Sklar Mark Spradling Ken Thorn Reid Wilson Section 2. That the persons hereby appointed to the Charter Review Committee shall serve for a term of office of six months from the date of this Resolution unless extended by the City Council. Section 3. That the City Charter may only be amended in accordance with the laws of the State of Texas. Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or Regular City Council Meeting, June 13, 1988 . "'" unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 6. The City Council officially finds, detennines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED THIS ~ day of Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: June , 1988. Michael L. Parks, M~or ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty Jr, City Attorney Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that Resolution Number 88-06 be adopted as read. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel Mayor Parks administered the Oath of Office to those members present: Betty Sellers, Kenneth Thorn, Jerry Nickell and Janet Redeker. f~"~~~ ADVISORY ~ Consideration was given to authorizing t e Mayor to execute a contract with Greer Moreland Fosdick I ~- 00 I o !llf orB. ) , r Regular City Council Meeting. June 13. 1988 Shepherd for financial advisory services in connection with the issuance and sale of the 1988 bond issue. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council authorize the Mayor to execute the contract wi Greer Moreland Fosdick Shepherd as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel BOND COUNSEL CONTRACT: Consideration was given to authorizing the Mayor to execute a contract with Vinson & Elkins for bond counsel services in connection with the 1988 bond issue. Motion was made by Councilmember Bryan, seconded by Councilmember Bell. that City Council authorize the Mayor to execute the contract with Vinson & Elkins as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan. Bell. Britton None Councilmember Schwartzel WATER LINE REPLACEMENT PRIORITY AREA NO 7. COI LEGE COURT: Consideration was given to Monthly Estimate No. 5 in the amount of $27.900.00 submitted by Bearden Contracting Company, Inc., for work performed through May 31, 1988 on the water line replacement project in College Court Subdivision. Motion was made by Councilmember Bell, seconded by Councilmember Britton. that Monthly Estimate No.5 in the amount of $27.900.00 be approved for payment to Bearden Contracting Company. Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell. Britton None Councilmember Schwartzel SANITARY SEWER PRIORITY AREA 1, PHASE ?, WEST IlNTVFRSITY FIRST' Consideration was given to Monthly Estimate No. 5 in the amount of $205.007.21 submitted by Jamcom Construction Co., Inc., for work performed through May 25, 1988, on the sanitary sewer renova on project in West University First Subdivision. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that Monthly Estimate No.5 in the amount of $205,007.21 submitted by Jamcom Construction Co., Inc.. be approved for payment as presented. Regular City Council Meeting, June 13. 1988 Voting Aye: Voting No: Absent: pr Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel COMMUNITY BUILDING REMODELING: Consideration was given to the final invoice in the amount of $25,273.56 submitted by Hummel Construction Co., for completion of the Community Building remodeling project. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that City Council approve for payment the final invoice in the amount of $25,273.56 submitted by Hummel Construction Co., for completion of the Community Building remodeling. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan. Bell, Britton None Councilmember Schwartzel PURCHASE OF POLICE VEHICLES: Consideration was given to the invoice in the amount of $37,011.75 submitted by Joe Meyers' Ford for delivery of two patrol cars and one police staff car. Motion was made by Councilmember Bryan. seconded by Councilmember Britton, that the invoice in the amount of $37.011.75 be approved for payment to Joe Meyers Ford. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel LEGAL SERVICES: Consideration was given to the invoice in the amount of $4.882.22 for legal services provided on the City's behalf for the month of May 1988. Motion was made by Councilmember Bryan, seconded by Councilmember Britton that the invoice in the amount of $4,882.22 for legal services for the month of May 1988 be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel REPAIR AND PAINTING OF WATER TANKS: Consideration was given to Monthly Estimate No.3 in the amount of $29,933.00 submitted by Diversified Coatings Ltd., for work completed on the repair and painting of water tanks. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that Monthly Estimate No.3 in the amount of $29,933.00 submitted by Diversified Coatings Ltd., be approved for payment. Regular City Council Meeting, June 13, 1988 Voting Aye: Mayor Parks. Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel Voting No: Absent: PERSONNEL STUDY AND COMPENSATION SYSTEM ANALYSIS: Consideration was given to the recommendation for professional services in connection with a personnel study and compensation system analysis, Staff's recommendation for the personnel/position analysis study was to contract with Dr. R. J. Harvey for an amount not to exceed $7,000. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that City Council accept staff's recommendation and award the contract for the personnel/position analysis study to Dr. R. J. Harvey at a cost not to exceed $7.000.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel COUNCIL COMMENTS: Councilmember Bryan asked the status of cable TV Committee report. Mr. Rockenbaugh advised the Cable TV discussion was scheduled for workshop session. Councilmember Bryan asked the status of the Parks Board master plan and obtaining a consultant for the project. Mr. Rockenbaugh reported that the Director of Operations was working on this with the Parks Board. Councilmember Bell expressed his feelings that tonight's meeting was the most difficult meeting of his tenure on City Council. Mayor Parks expressed his agreement with Councilmember Bell's statement. STAFF REPORT: City Manager, Richard Rockenbaugh, advised Council there would be a workshop session on Thursday to discuss and select the propositions for the bond issue. GITY COUNCIL MCCTINC rlINUTCS. Minutes of the following meetings were presented for Council's consideration, as follows: (a) City Council Workshop Session, May 19, 1988; (b) City Council Regular Meeting, May 23, 1988. (c) City Council Workshop Session. May 26. 1988 Motion was made by Councilmember Bryan. seconded by Councilmember Bell, that the minutes of the Council Meetings be approved as submitted. Regular City Council Meeting, June 13, 1988 1'-" Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell. Britton None Councilmember Schwartzel ADJOURNMENT: There being no further business to come before Council at this time, Mayor Parks declared the meeting adjourned at 8:55 p.m. ~ CITY COUNCIL WORKSHOP SESSION THURSDAY. JUNE 16,1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard. in the City of West University Place, on Thursday, June 16. 1988. with the following members present: Mayor Parks, presiding; Councilmembers Bryan. Bell, and Britton. Councilmember Schwartzel was absent. Also present were the City Manager. City Secretary, Director of Administration, Director of Operations and the Fire Chief. Hearinq of Residents: Jerry Bueso, 6604 Rutgers, reminded Council he had submitted a petition a few weeks earlier regarding the status of the streets in his area since construction of the sewer line renovation project. He pointed out that the streets were in terrible condition. Recently Dr. Bueso was told the streets might not be resurfaced and he was concerned. Dr. Bueso submitted pictures of the streets. Mayor Parks advised Dr. Bueso that the street overlay project was a subject on the agenda for this Meeting and Council would consider that item at this time. Discuss asphalt overlay for streets Donald Stalinsky, 6603 Rutgers. stated he was told there was no money available to fix the streets. City Manager, Richard Rockenbaugh, explained that at one point the City was out of money because the asphalt overlay was not lncluded in the first contract amount. However, the City received bids for a subsequent project that included the asphalt overlay and the money was now available. Mr. Rockenbaugh sugges drafting a criteria for street overlay projects. Director of Operations. Curtis Cooper. reported that the sub-base of Rutgers Street was deteriorated. If Council decided to do the asphalt overlay, the City would be looking at doing this again in about 5 years because of the poor sub-base. The City does not have many all-asphalt streets. The City has the money to do the entire area where sewer line renovations are complete. In some instances there may be a problem where the driveways will so much lower than the street to cause cars to drag. It might become necessary for a homeowner to adjust his driveway so that the car does not bump. Councilmember Britton asked if staff was differentiating between concrete and asphalt streets. On the concrete street where there is a lateral cut, will those streets be patched? City Council Workshop Session, June 16, 1988 ,4"'"') Curtis Cooper replied that concrete streets will be patched with concrete with asphalt over the concrete. Consensus of Council was to adopt a consistent policy for those streets that were damaged during sewer line renovation to asphalt overlay the streets and a method for financing the repairs. It was also suggested the Traffic Committee study weight load and truck design capacity for the streets to consider enacting an ordinance to regulate the use of City streets. Consider selection of propositions for proposed Bond Issue 1988 and discuss ordinance callinq the election Director of Administration, Donna Sims, presented new projections for the bond issue based on prior Council discussions. The proposed bond issue included the addition of $100,000 for street paving and a reduction of the Wakeforest at Milford water plant from $1,500,000 to $1,000.000 eliminating the overhead storage. The issues are separated over 4 years which will lessen the impact of the bond issue and provide more leeway in spending the funds. The proposals included two options: using interest on construction funds to apply to debt service or using the interest to apply to construction projects. Staff was waiting for bond counsel's determination concerning this question. Bond Counsel recommends City Council call the bond election during the June 27. 1988, regular Council Meeting on an emergency basis with one reading. Councilmember Bryan left at 8:25 p.m. It was the consensus of Council to adopt the $7,000,000 bond issue as presented and to place the ordinance calling the election on the agenda for June 27, 1988, regular meeting. Ambulance Advisory Committee report Fire Chief, Terry Stevenson. reported that the Medical Director, Dr. Leland Winston. recommended Council proceed to appoint the members that are currently willing to serve on the Ambulance Advisory Committee. If later there are others who wish to serve on this committee, Council could consider appointing them at that time. City Council concurred with the recommendation. Discuss Cable TV franchise status report Donna Sims reported there were two firms who presented proposals for negotiations for a new cable franchise. One was Municipal Administrative Services, Inc., and the other one was CTIC Associates, (the Cable Television Information Center). It was the recommendation of staff to award the contract to Municipal Administrative Services. Inc. at a cost of $7,500.00. City Council agreed to place this item on the agenda for the June 27th meeting. Council Comments t-\r, City Council Workshop Session. June 16, 1988 Councilmember Britton requested information relative to the scheduling of sport events at the elementary school grounds. Staff would provide that information to Council. Mayor Parks asked if removing the barricades where streets were closed needed to be included in the budget. Mr. Rockenbaugh advised that. beyond the expense involved. the City Attorney and staff were researching the matter. Mayor Parks recommended the Charter Review Committee be invited to the next workshop session to discuss various charter sections that might be suggested for review. There being no further business to come before Council at this time, Mayor Parks adjourned the workshop session at 9:20 p.m. {~ f </ Audrey Nichols City Secretary ~4 REGULAR CITY COUNCIL MEETING JUNE 27, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, June 27. 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell and Britton. Councilmember Schwartzel was absent. Also present were the City Manager, City Secretary. City Attorney, Director of Administration. Director of Operations, and the Chief of Police. Councilmember Britton delivered the invocation and led the Allegiance to the Flag. INTRODUCTION OF NEW PERSONNEL: Chief of Police Stephen M. Gri th introduced the following personnel who have joined the Police Department: Larry Tidwell, Animal Control Officer Ron Weidenhaft, Dispatcher Bernalda White, Dispatcher Steve Parsons, Dispatcher HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bryan. seconded by Councilmember Britton, that the consent agenda be approved in accordance with sta recommendation. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel Voting No: Absent: ORDINANCE CALLING BOND ELECTION: Consideration was given to the first and final reading of Ordinance Number 1321. Mayor Parks read the caption as follows: 1""''' Regular City Council Meeting, June 27. 1988 Ordinance Number 1321 ORDINANCE CALLING BOND ELECTION TO AUTHORIZE THE ISSUANCE OF PERMANENT PUBLIC IMPROVEMENT BONDS IN THE PRINCIPAL AMOUNT OF $3,050,000 TO IMPROVE THE WATERWORKS SYSTEM. $3,850.000 TO IMPROVE THE SANITARY SEWER SYSTEM. $100,000 FOR STREET IMPROVEMENTS AND THE LEVY OF TAXES SUFFICIENT TO PAY PRINCIPAL OF AND INTEREST ON SAID BONDS, AND DECLARING AN EMERGENCY Copies of Ordinance Number 1321, in English and in Spanish, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Ordinance Number 1321 be adopted as presented on first and final reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel SANITARY SEWER, PRIORITY AREA NO.2: Consideration was given to staff's recommendation for award of the construction contract for the sanitary sewer renovation project. Bids received on Wednesday, June 22, 1988, 10:00 a.m.. were publicly opened and the results announced. as follows: Bidder Amount Bid Bearden Contracting Co., Inc. P.O. Box 218506 Houston, Texas 77218 $ 607,409.00 1.0.1 Systems, Inc. 2416 Karbach Houston, Texas 77095 $ 713,356.00 George M. Construction, Inc. 8412 Hansen Houston, Texas $ 721,566.50 Crawford-Gray Canst, Co., Inc. 5402 Simsbrook Houston, Texas 77045 $ 828,741. 00 Bay town Construction Co., Inc. 1505 Industrial Park Road Nederland, Texas 77627 $ 845.935.00 Ella Contracting Inc. 8120 Stedmen Houston, Texas 77029 $ 881,530.80 Regular City Council Meeting, June 27. 1988 n Jalco, Inc. P.O. Box 27368 Houston, Texas 77227 $ 906,089.25 S.G.& R. Construction Co.. Inc. Rt. 1, Box 251, Highway 75 North Huntsville, Texas 77340 $ 946,383.85 Kinsel Industries Inc. P.O. Box 750160 Houston, Texas 77275-00160 $ 964,448.00 John G. Holland Constr. Co., Inc. 10635 Brighton Ln. Stafford, Texas 77477 $1,033,207.50 Holt & Sons Construction, Inc. 1246 Underwood Deer Park, Texas 77536 $1,162,715.00 Hycon Canst. Systems Corp/ GKN Hayward Baker. Inc. $2,123.822.85 It was the recommendation of staff to award the contract to the low bidder. Bearden Contracting, Inc., at their bid price of $607,409. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that City Council accept staff1s recommendation and award the contract to Bearden Contracting Inc. at the cost of $607,409.00. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel Voting No: Absent: RELEASE TO TRANSIT CASUALTY COMPANY: Consideration was given to authorizing the issuance of a release to the Transit Casualty Company in connection with their reimbursement to the City for legal fees. In 1985, the City received a claim against it by a John Anderson Shelton. The case was settled by the insurance company representing the City at that time. The City made a claim against the insurance company (Transit Casualty) to recover attorney's fees in connection with the case. The Release of Claim is required before Transit Casualty will pay the City's claim of $1,025.00. Motion was made by Councilmember Bryan. seconded by Councilmember Britton, that City Council authorize the Mayor to execute the Release of Claim to Transit Casualty Company to recover attorney's fees in the amount of $1,025.00. -" Regular City Council Meeting, June 27.1988 Voting Aye: Mayor Parks. Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel Voting No: Absent: CONTRACT FOR NEGOTIATIONS OF NEW CABLE FRANCHISE: Consideration was given to authorizing the Mayor to execute a contract with Municipal Administrative Services, Inc., to negotiate for a new cable franchise for the City. The City received two proposals: a) CTIC (the Cable Television Information Center) at the estimated cost of $15,540.00 b) Municipal Administrative Services, Inc., at the cost of $7,500.00 It was the recommendation of staff to grant the contract to Municipal Administrative Services. Inc. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that City Council authorize the Mayor to execute the contract with Municipal Administrative Services, Inc., for cable franchise negotiation services at the cost of $7,500.00. Voting Aye: Voting No: Absent: Mayor Parks, Counci"lmembers Bryan, Bell, Bri tton None Councilmember Schwartzel ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration was given to the invoices totaling $20,839.06 submitted by Langford Engineering Inc., as follows: (a) Invoice No. 5458 in the amount of $450.09 for the water line replacement project in Priority Area No.7. Coll Court Subdivision; (b) Invoice No. 5496 in the amount of $10,074.75 for the sanitary sewer project in Priority Area No.1. Phasp 2, West University 1st Subdivision; (c) Invoice No. 5497 in the amount of $814.20 for the sanitary sewer project in Priority Area No.2, College Court Subdivision; (d) Invoice No. 5499 in the amount of $7,893.48 for repairs to Water Well #9; (e) Invoice No. 5501 in the amount of $275.00 for sanitary sewer project in Priority Area No.1, Phase 3, West University 1st Subdivision. Regular City Council Meeting. June 27, 1988 .- (f) Invoice No. 5502 in the amount of $1.331.54 for replacement of Weslayan Lift Station Manhole Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel 1983 BOND PAYMENT: Consideration was given to the invoice in the amount of $116,637.50 submitted by First City National Bank of Houston for interest due on the 1983 Bond Issue. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that the invoice in the amount of $116,637.50 submitted by First City National Bank of Houston be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel COUNCIL COMMENTS: Councilmember Bryan acknowledged the City's receipt of a letter from a resident adjacent to Whitt Johnson Park thanking Chief of Police Griffith for his help in alleviating the traffic problems the neighborhood was experiencing. Councilmember Bryan expressed City Council is appreciation for Chief Griffith's efforts. STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council's consideration at this time, CITY COUNCIL MEETINC MINUTES: Minutes of City Council meetings were presented for consideration. as follows: (a) City Council Special Session, June 6, 1988; (b) City Council Workshop Session, June 9, 1988; (c) City Council Regular Session, June 13, 1988. Motion was made by Councilmember Bryan, seconded by Councilmember Bell. that the minutes of the Special Session. June 6. 1988 and the Workshop Session, June 9, 1988, be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan. Bell, Britton None Councilmember Schwartzel r - Regular City Council Meeting, June 27,1988 Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the minutes of the regular City Council meeting on June 13, 1988, be approved as submitted with Errata Page 9 changing the word IIpreclusionll to IIconclusionll in the second paragraph and fourth paragraph, page 9. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell. Britton None Councilmember Schwartzel Voting No: Absent: ADJOURNMENT: With no further business to come before Council at this time. motion was made by Councilmember Britton, seconded by Councilmember Bel'. that the meeting adjourn. Such motion carried and the meeting adjourned at 7:45 p.m. CITY COUNCIL WORKSHOP SESSION MONDAY, JUNE 27, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 8:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place. on Monday, June 27, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell and Britton. Councilmember Schwartzel was absent. Also present were the City Manager, City Secretary. Director of Administration and the Director of Operations. Hearing of Residents: There were none present who wished to speak. Discussion with Charter Review Committee concerning various sections of the Charter: Charter Review Committee members present were: Betty Sellers Louis Sklar Janet Redeker Reid Wilson Jerry Nickell and those absent were Ken Thorn and Mark Spradling. Mayor Park administered the oath of office to Charter Review Committee members Reid Wilson and Louis Sklar. A list of charter sections suggested by staff or the committee's consideration was distributed and discussed. Mayor Parks recommended the City Attorney provide the committee with statutory information relative to each section listed. The committee left the Conference Room to meet in their organizational meeting. Mike Conlon: Consideration to the request of annual funds for Tri-Sport Association: This item was removed from the agenda at the request of Mike Conlon. Consideration was given to the fence restriction question for 6610 Brompton: The City Attorney presented three choices for Council's consideration. The first option would be for City Council to stand by the ordinance and require the property owner tear down the wall. Second option would be to amend the ordinance to make all fences of the same kind modify. Third, try to treat the wall in functional terms. Define some limit to the argument as to what constitutes a house (or wall) and what is a fence. .EU. 111.. . I .J.~. .1 l. f: . ....C' .'- City Council Workshop Session, June 27, 1988 Councilmember Britton suggested that the City create a document that people have to sign before construction begins that if whatever they are building is not consistent with City ordinances, it does not relieve the architect, builder and homeowner of wrong application. The City Manager advised that the City used a type of that document on all building plans and it required all three signatures. However, due to the large number of plans submitted, there was potential for human error. It was the consensus of Council that the fence ordinance be amended to remove the ambiguity of ufence" and "wall- and where a wall is part of the architecture to determine a point (perhaps footage) after which the wall is deemed a fence. The ordinance would define .wall" as that which extends beyond the house but at some point it ceases to be a wall and becomes a fence. The City Attorney is to prepare a draft amendment for Council's review. Consideration was given to approve the street overlay poliCY: Curtis Cooper distributed copies of a draft policy for Council's consideration, as follows: -CRITERIA FOR HOT-MIX ASPHALT OVERLAY The following is the criteria used in determining whether or not any particular street receives a In - 1 1/2n asphalt overlay as part of the Sanitary Sewer Replacement Program. OPTION A 1. New main sewer lines constructed within the riding surface of an asphalt base street will receive a full overlay. 2. Lateral lines or services constructed across the width of the riding surface of an asphalt base street will receive an asphalt patch to the trench cut only. OPTION B 1. New main sewer lines constructed within the street right-of-way on concrete or concrete with an asphalt overlay will receive repair to damaged areas only. 2. New main sewer lines constructed within the riding surface of an asphalt base street will receive a full asphalt overlay. 3. New main sewer lines constructed within the street right-of-way on any asphalt base street with lateral or City Council Workshop Session. June 27. 1988 ""f~ ..." services constructed across the width of the riding surface will receive an asphalt patch to the trench cut only. Full asphalt overlay will be received if the following conditions are met: a) project funds are available without exceeding the original project bond amount, and b) additional work requested is approved and administered by formal change order 4. In the event funds are not available from the original project bond amount, Council will be submitted documentation to consider appropriating additional funds from other project amounts or placing the resurfacing of those subject streets on the next bond issue. OPTION C Full asphalt overlay will be provided on all streets that are damaged by the placement of sewer lines (parallel or lateral cuts) within the riding surface of the street. II After discussion, Councilmember Britton was in favor of adopting Option A. It was the general agreement of Council that funding for the overlay project be specified. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Option B be adopted with the follOWing amendments: OPTION B 1. New main sewer lines constructed within the street right-of-way on concrete or concrete with an asphalt overlay will receive repair to damaged areas only. 2. New main sewer lines constructed within the riding surface of an asphalt base street will receive a full asphalt overlay. 3. New main sewer lines constructed within the street right-of-way but behind the curbs on any asphalt base street with lateral or services constructed across the width of the riding surface will receive an asphalt patch to the trench cut only. Full asphalt overlay will be received if the following conditions are met: a) project funds are available without exceeding the original project bond amount, and ~,." City Council Workshop Session, June 27, 1988 b) additional work requested is approved and administered by formal change order 4. In the event funds are not available from the original project bond amount, Council will be submitted documentation and: a) shall consider appropriating additional funds from other project amounts, or b) shall place the resurfacing of those subject streets on the next bond issue. Such motion carried by the following vote: Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Councilmember Britton Councilmember Schwartzel 11 Council Comments: Councilmember Britton gave Council copies of a Wall Street Journal article concerning garbage incineration and recycling. Councilmember Bell asked about Academy Street behind Randall's where the manholes are higher than the street. Curtis Cooper advised that Academy Street north of Bissonnet was a Houston street. Councilmember Bryan requested a list of 10 houses built under the new zoning ordinance; suggested Council schedule an interview with the Urban Forester; suggested Council consider a Code Enforcement Officer for the City. Councilmember Bryan asked the City Manager to check with Bellaire concerning a project "CARE" (Courteous and Responsive Employees). Councilmember Bryan asked the status of the contractors letters. Curtis Cooper reported the letter was prepared and he was trying to schedule a meeting with the contractors. Councilmember Bryan inquired as to the status of the parks consultant. Curtis Cooper reported that a sub-committee of the Parks Board was to meet with him on Wednesday, July th to discuss the parks plan. Councilmember Bell inquired if it had been decided to move the house on Case Street. Curtis Cooper reported the house is not movable and will have to be torn down. Mayor Parks asked the status of the employee task analysis compensation consultant. The Mayor understood there were some areas for concern over the quality of work provided by the consultant. Richard Rockenbaugh responded there were differences in the program for West University than that offered in other cities. However, he would gather more information on the matter. City Council Workshop Session~ June 27~ 1988 "" Mayor Parks suggested staff be aware of new sewer treatment standards and the effect it could have on the City. He suggested testing upstream and downstream discharge from the treatment plant to be able to document over the years what the stream standards are. Staff Report: City Manager, Richard Rockenbaugh, asked for Council IS review of the draft of "City Cunents". It was agreed to modify the garbage service article. Adjournment: There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 10:00 p.m. r .,., CITY COUNCIL WORKSHOP SESSION THURSDAY, JULY 7, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, July 7, 1988, with the following members present: Mayor Pro Tem Bryan. presiding; Councilmembers Bell and Schwartzel. Mayor Parks and Councilmember Britton were absent. Also present were the City Manager, City Secretary, Director of Administration, Director of Operations, Chief of Police and the Fire Chief. Hearing of Residents: There were none present who wished to speak. Manhole Replacement at Weslayan Lift Station: City Consulting Engineer, Dieter Ufer, reported to Council that proposals were received from three construction contractors for replacing the manhole at the Weslayan lift station. The contractors were: Bidder Tidal Construction Bearden Contracting Whitelak, Inc. Lump Sum Amount Bid $68.000.00 $71,500.00 $76,000.00 Payment bond. performance bond and insurance certificates were submitted and accepted. Tidal Construction submitted an alternate construction procedure which is acceptable and will save the City $7,000.00. The alternate procedure can be accomplished with an immediate change order to the Tidal Contract reducing the lump sum contract amount to $61.000.00. The plan involves replacing the two adjacent driveways from the street to west of the garage and west of the lift station. Construction should be complete in 30 days. City Manager. Richard Rockenbaugh, advised that staff had developed a re-routing traffic plan for Weslayan during construction and most traffic will be diverted to College Street. Money for the project is available from bond funds. City Council agreed to place this contract on the agenda for the regular meeting on July 11, 1988. Peter Taaffe: Consi request relative to the Little League post-season district tournament: Peter Taaffe asked Council's permission to leave the lights on beyond 10:00 p.m. on the Little League Field during the district City Council Workshop Session, July 7, 1988 ,...,.~ tournament, beginning July 12 through July 23. The tournament is a once-a-year occasion and if the lights may not stay on, the West University Little League would lose the ability to host the tournament. Mr. Taaffe also requested that because of the large crowds expected, the police officers stop by the field as their time would allow to enjoy the games as well as make their presence known and perhaps assist board members. By general consent, City Council granted permission for the lights to remain on beyond 10:00 p.m. during the 1988 District Tournament and authorized police patrol as requested. Consideration was given to the request for annual funds for the Tri-Sports Association: Mike Conlon was ill and Mr. Taaffe and Rus Schulze presented the request on behalf of Tri-Sports. Mr. Taaffe suggested the City pay for the enhancements of lights on Field No. 5 in the amount of $6,075.00 and repair to the sprinkler system in the amount of $1,235.50 totaling $7,310.00. Mr. Taaffe also requested the City increase the annual assistance to Tri-Sports from $3,500.00 to $7,000.00. Russ Schulze explained there was a short fall in the Little League funds and asked: (1) whether the City would agree to meet the short fall in the Little League budget, which consisted of maintenance of the fields, through the rest of the year, or (2) whether Council would prefer Tri-Sports submit monthly bills for maintenance to the City for the rest of the year. Councilmember Schwartzel recommended the City Attorney report on the appropriateness of the City authorizing funds to be spent outside the city limits and whether it would be considered public funds being spent for private use. Councilmember Bryan recommended that Council defer making a decision concerning the budgetary short fall situation until a full Council were present and the other question , increasing the annual assistance, would be discussed during the budgetary process. Discuss Employee Deferred Compensation Plan: Director of Administration, Donna Sims, presented infonmation concerning a deferred compensation plan through the International City Managers Association Retirement Corporation that was adopted by the City in 1975. However, the plan had not been implemented. At this time staff was asking for Council to enact the benefit to the employees at no cost to the City. All full time and part time employees are eligible to participate. To go forward with the program, ICMA is requesting Council enact a resolution approving the Trust Agreement with the ICMA Retirement Corporation and appoint the ICMA Retirement Corporation to serve as administrator. I r .- r 1 illl "!J.. .._ L.- III I :~~. .1 I. f'....".. City Council Workshop Session, July 7, 1988 Councilmember Schwartzel recommended the resolution be amended to include a provision that an annual report be submitted to City Council. It was agreed to amend the resolution and to place it on the agenda for Monday, July 11, 1988. Records Management and Retention Schedule: The City Secretary presented a proposed ordinance establishing a City records management program and a resolution adopting a records retention schedule. The schedule was derived from information provided by the Texas State Library in partnership with approximately 80 cities in the State. City Council agreed to place these items on the agenda for Mond~, July 11, 1988. Consideration was given to Property Acquisition: Discussion of property acquisition was conducted in open session. City Manager, Richard Rockenbaugh, advised that, in the last week, he had met with the owners of the property together with the City Attorney. He talked to Mayor Parks on several occasions concerning the acquisition and it was decided to contract with David Turner of Woodard Hall & Primm to expedite the purchase. Mr. Turner has submitted a purchase contract to the owners who suggested some amendments which were considered acceptable by staff. David Turner distributed copies of the amended agreement of sale and purchase for Council's review. The contract provides 30 d~s of purchaser's review rights. At that time the earnest money would go at risk. Mr. Turner thought the contract, in the form presented, would be acceptable to the owners. The owners have expressed a desire for a quick closing within 15 d~s after the 30 day review. The owners asked for 60 days to move after clOSing. Mr. Turner and staff had concerns with them coming on the property after closing. Mr. Turner suggested that during the 30 day review period staff look at the City's insurance relative to thi s . Mr. Rockenbaugh advised Council the City received an appraisal on the property at a value of $450,000. From his conversations with the Mayor, Mr. Rockenbaugh thought the Mayor would prefer to press for a lower price. The price would need to be agreed to by City Council. Split payments were discussed, but it carried some interest costs and legal fees for the City. Demolition of the existing building would cost approximately $30,000 to $35,000. After discussion, Council decided to discuss the acquisition at the next workshop session with a full Council present. City Council Workshop Session. July 7. 1988 n,.., Mr. Turner advised that if Council decided to proceed with the purchase, the building be checked for asbestos during the 30 day review period. Code Enforcement: Richard Rockenbaugh distributed information concerning a code enforcement officer. The current policy was compared to one that would give an inspector the right to issue tickets for a flagrant violation of the building, health and other codes. Councilmember Bryan recommended the policy be expanded to include all the codes and provide for a specific person who would enforce each section. She suggested contacting other cities who have code enforcement officers to help develop an outline of what the City's needs are. Councilmember Schwartzel suggested Council might give the Chief Building Inspector the authority to write tickets to see how much revenue it brings. The revenues might support hiring another person. City Council concurred that the City Attorney prepare an ordinance for their review. Mailing List to Charitable and Non-Profit Organizations: Councilmember Schwartzel asked if it were possible for a charitable and non-profit organizations to buy a mailing list from the City. After discussion, it was decided that the mailing lists would not be made available at this time. Council Comments: Councilmember Bell remarked that Police Department revenues were low. Mr. Rockenbaugh advised that the situation was improving. Councilmember Schwartzel asked the status of the street closing on Browning. Mr. Rockenbaugh reported staff had a traffic engineering report made. The cost estimates were in the $20,000 range which includes replacing the Coleridge and Marlowe barricades and reworking of the intersections of Browning, Judson and Bissonnet. Councilmember Schwartzel asked if the City had a response from Metro relative to the property on Milford. Mr. Rockenbaugh reported that Metro made an offer to the City. Staff hired an appraiser to look at the property. Councilmember Schwartzel thought Council should pursue a package deal from Houston so that the property would revert to West University Place subject to the existing easements. 01 I' o~r I !Ill "11110 P ('% City Council Workshop Session, July 7, 1988 Staff Report: Richard Rockenbaugh had nothing further for Council's consideraton. Adjournment: With no further business to come before Council at this time, the meeting was declared adjourned at 9:50 p.m. ~! ( ~~I~LQu_,,~ ~IC~'- Bet Ann Bryan . Mayor Pro Tem Aud:e~nt'ti~2holS t City Secretary f" ,( (. , ~ REGULAR CITY COUNCIL MEETING MONDAY, JULY 11. 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, July 11, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell. Britton and Schwartzel. Also present were the City Manager, City Secretary. City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Mayor Parks delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Stephen Navran, 3918 Byron, asked Council what could be done concerning a dilapidated house on his block. The house is occupied but has a bad roof. Mayor Parks advised that the City has ordinances to handle such problems and referred the question to the City Manager. Mr. Rockenbaugh. CITIZEN RESPONSE TO AGENDA ITEMS: Mr. Marvin Jetton, 4004 Southwestern, spoke concerning the replacement of the manhole at the Weslayan Lift Station. He wanted to know what was to be done with the building itself. The roof was in bad repair. Mr. Jetton expressed his concern that the area west of the building was subsiding. The garage at 4008 Swarthmore has a cracked slab that Mr. Jetton thought was caused by subsidence at the lift station. City Consulting Engineer, Dieter Ufer, explained the roof on the lift station building was an add-on to the building. The contract to replace the manhole had nothing to do with the roof. Mr. Ufer suggested that when the contract is complete, then would be the appropriate time to consider replacing the roof. Mr. Ufer further explained that the subsidence to the west of the building may be from normal shifting of the ground. At this time, he could not tell what caused the garage slab to crack. It was his recommendation that city staff monitor the conditions of the garage. The manhole replacement contractor would be working to the east of the lift station building and would not address the west side. Mayor Parks thanked Mr. Navran and Mr. Jetton for expressing their concerns to City Council. ~ Regular City Council Meeting, July II, 1988 ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City - Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton. Schwartzel None None DEFERRED COMPENSATION PLAN: Consideration was given to Resolution Number 88-07. Mayor Parks presented and read the resolution as follows: RESOLUTION NUMBER 88-07 WHEREAS, the City of West University Place. Texas has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the City of West University Place by enabling it to provi reasonable retirement security for its employees. by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of West University Place has determined that the establishment of a deferred compensation plan to be administered by the leMA Retirement Corporation serves the above objectives; and WHEREAS, the City of West University Place desires that the investment of funds held under its deferred compensation plan be administered by the ICMA Retirement Corporation. and that such funds be held by the ICMA Retirement Trust. a trust established by public employers for the collective investment of funds held under their deferred compensation plans and money purchase retirement plans; NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS: Section 1. That the City Council hereby adopts the deferred compensation plan attached hereto and that the plan provided by the City of West University Place which is attached hereto as Appendix A and the Trust Agreement with the ICMA Retirement Corporation (Appendix C) appoints the ICMA Retirement Corporation to serve as Administrator thereunder. Regular City Council Meeting, July 11, 1988 , '''''I:' BE IT FURTHER RESOLVED that the City of West University Place hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B. BE IT FURTHER RESOLVED that the Director of Finance shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust, and shall cast on behalf of the City of West University Place, any required votes under the program. Section 2. An annual report of the ICMA Retirement Corporation shall be submitted to the City Council. Section 3. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. If any word, phrase, clause. sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this 1988. day of , Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: ATTEST: Michael L. Parks Mayor I' .~~' I 'II -, "ill" Regular City Council Meeting. July 11. 1988 Audrey Nichols City Secretary (SEAL) Approved as to Form: James L. Dougherty City Attorney The City Attorney recommended that, if City Council approved the resolution. the approval be conditional on his investigation into certain matters concerning the plan. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council approve Resolution Number 88-07 subject to the approval of the City Attorney. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell. Britton, Schwartzel None None ORDINANCE ESTABLISHING A RECORDS MANAGEMENT PROGRAM: City Manager, Richard Rockenbaugh recommended this ordinance be tabled until the next regular Council meeting. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that the Ordinance establishing records management program be tabled. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan~ Bell, Britton, Schwartzel None None ADOPTION OF RECORDS RETENTION SCHEDULES: Mr. Rockenbaugh recommended the resolution adopting records retention schedules be tabled until the next regularly scheduled Council meeting. Motion was made by Councilmember Bryan~ seconded by Councilmember Britton that Resolution Number 88-08 be tabled until the next meeting. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton. Schwartzel None None SPECIAL COUNSEL FOR PROPERTY ACQUISITION: Consideration was given to Regular City Council Meeting, July 11, 1988 authorizing the Mayor to execute a Letter of Agreement for Woodard Hall & Primm to serve as special counsel in connection with the purchase of property. Motion was made by Councilmember Bell, seconded by Councilmember Bryan. that City Council authorize the Mayor to execute a Letter of Agreement with Woodard Hall & Primm to serve as special counsel on the City.s behalf. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None WESLAYAN MANHOLE REPLACEMENT PROJECT: Consideration was given to authorize the Mayor to execute a contract with Tidal Construction, Inc., for the Weslayan Manhole Replacement Project. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council authorize the Mayor to execute the contract with Tidal Construction, Inc., in the amount of $68.000.00 for the manhole replacement project at the Weslayan Lift Station. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan. Bell, Britton, Schwartzel None None ASPHALT OVERLAY PRIORITY AREA NO.1, PHASE 1 & 2: Consideration was given to Change Order No.2 to the Jamcom Construction Company, Inc., in the amount of $112.565.20 for asphalt overlay of streets in Priority Area No.1, Phase 1 and 2 areas. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council approve Change Order No.2 in the amount of $112,565.20 for asphalt overlay of streets as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan. Bell, Britton, Schwartzel None None SANITARY SEWER PRIORITY AREA 1, PHASE 2, WEST UNIVERSITY 1ST SUBDIVISION: Consideration was given to Monthly Estimate No.6 in the amount of $73,878.29 submitted by Jamcom Construction Co., Inc., for work performed through June 24, 1988, on the sanitary sewer renovation project in West University 1st Subdivision. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Monthly Estimate No.6 in the amount of $73,878.29 be approved for payment to Jamcom Construction Co., Inc. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Regular City Council Meeting. July 11, 1988 Voting No: Absent: Britton, Schwartzel None None WATER LINE REPLACEMENT PRIORITY AREA 7, COLLEGE COURT SUBDIVISION: Consideration was given to Monthly Estimate No.6 in the amount of $7,689.60 submitted by Bearden Contracting Co., for work performed through June 30. 1988, on the water line replacement project in College Court Subdivision. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Monthly Estimate No.6 in the amount of $7,689.60 be approved for payment to Bearden Contracting Co. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton. Schwartzel None None PURCHASE OF DIESEL PQWERED SIX INCH PUMP~ Consideration was given to staff's recommendation for award of the contract to purchase a diesel pump for the Water Division. Bids received June 29, 1988, 10:00 a.m., were opened and the results were as follows: Bidder Amount of Bid $ 20.976.00 Naylor Supply Company 122 North Richey P.O. Box 4919 Pasadena, Texas 77502-4919 Acme Pumps and Wellpoint Co. P.O. Box 1780 Plant City, Florida 34289 $ 21,976.00 Hayden/Murphy Equipment 9301 South Bloomington Frwy. Bloom, Minn. 54420 $ 27,900.00 It was the recommendation of staff to award the contract to the low bidder. Naylor Supply Co., Inc. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council accept staffls recommendation and award the contract to the low bidder, Naylor Supply Co., Inc.. at their bid price of $20.976.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bel', Britton, Schwartzel None None AUTHORIZATION TO ADVERTISE FOR BIOS: Consideration was given to Regular City Council Meeting, July 11, 1988 authorize advertising for bids for a portable air compressor for the Water Division. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council authorize advertising for bids for the purchase of a portable air compressor as requested. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell, Britton, Schwartzel None None UNCLAIMED MONEY FUND: Consideration was given to authorizing an indemnity agreement to the Texas State Treasury Department Unclaimed Money Fund to claim $44.38 listed in the City's name. Motion was made by Councilmember Bryan. seconded by Councilmember Bell, that City Council authorize the Mayor's signature on the indemnity agreement as requested. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell. Britton, Schwartzel None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,106.45 for legal services provided on the City's behalf for the month of June, 1988. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice in the amount of $4,106.45 for legal services for the month of June. 1988. be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan. Bell, Britton, Schwartzel None None 1986 BOND PAYMENT: Consideration was given to the invoice in the amount of $178,125.00 submitted by the First City National Bank of Houston for interest due on the 1986 bond issue. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice in the amount of $178,125.00 submitted by the First City National Bank of Houston be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None COUNCIL COMMENTS: Councilmember Bryan acknowledged receipt of several letters complimenting city staff for helpful and friendly assistance to residents and expressed her appreciation to staff. Regular City Council Meeting. July 11, 1988 STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council's consideration at this time. CITY COUNCIL HCeTING r1INUTCS: Consideration was given to the minutes of the following meetings: (a) City Council Workshop Session, June 16, 1988; (b) City Council Regular Session, June 27,1988; (c) City Council Workshop Session. June 27, 1988. Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Britton. that the meeting adjourn. Such motion carried and the meeting adjourned at 7:53 p.m. s City Secretary CITY COUNCIL WORKSHOP SESSION MONDAY, JULY 11, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 8:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, July 11, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, Director of Administration, Director of Operations and the Chief of Police. Hearing of Residents: There were none present who wished to speak. Consideration of Property Acquisition: Mayor Parks announced that City Council would go into an Executive Session authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2(f) Discussion of property acquisition. Mayor Parks recessed the Workshop Session. The Executive Session began at 8:11 p.m. Mayor Parks reconvened the workshop in open session at 9:30 p.m. Discuss and consider approving plans for Bissonnet/Academy intersections and authorizing preparation of plans and specifications: City Manager, Richard Rockenbaugh, presented the proposed plans for the restructuring of the Bissonnet/Academy intersections. The plans include removing the barricades on Marlowe and Coleridge streets. The general consensus of City Council was to proceed with the project. Mayor Parks recommended that the traffic island not be solid concrete but support some sort of vegetation. Director of Operations. Curtis Cooper, suggested a combination of both. Motion was made by Councilmember Bell, seconded by Councilmember Britton. that City Council approve the plans as presented and authorize preparation of the plans and specifications. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan. Bell, Britton, Schwartzel None None Discuss Bond Election Committee: Mayor Parks suggested he call the West University Party Chairman and request their assistance in getting information to the residents. City Council Workshop Session, July 11, 1988 Council Comments: Councilmember Britton reviewed portions of the Annual Financial Report for 1987. Councilmember Schwartzel suggested staff pursue working out an arrangement with the Baptist Church concerning their recently purchased property. Mr. Rockenbaugh reported that staff had contacted the church and will do so again. Mayor Parks requested a letter be drafted to Jon Vanden-Bosch thanking him for meeting with the delegation from West University. Councilmember Bryan reported she attended a meeting of the YMCA and that they were interested to know what type of developmen the City would favorably consider. Staff Report: Mr. Rockenbaugh had nothing further for Council's consideration at this time. Adjournment: With no further business to come before City Council, Mayor Parks declared the workshop session adjourned at 9:50 p ~~ CITY COUNCIL WORKSHOP SESSION THURSDAY, JULY 21. 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, July 21, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Britton and Schwartzel. Councilmember Bell was absent. Also present were the City Manager, City Secretary, Director of Administration, Director of Operations and the Chief of Police. Hearing of Residents: There were none present who wished to speak. Discuss status of Water Well #9 and consider authorizing preparation of plans and specifications for the automation of the Wakeforest Water Plant: City Consulting Engineer, Dieter Ufer, reported that Water Well #9 was repaired and the sanding problems resolved. There would be a change order to the contract with Layne Western deleting the aqua screen at a savings to the City. The booster pump and motor were found to have damage from the sanding. Also. the booster pump and motor are 40 years old. City staff recommended the existing booster pump and motor be replaced with one which can be used once the water plant expansion is completed. Layne Western proposed to replace the booster pump at the cost of $7,067.50. It was further requested that Council authorize the preparation of plans and specifications for the automation of the Wakeforest Water Plant. This project was approved in the 1988 budget. Mayor Parks recommended the the pump and motor be replaced and the work authorized. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that City Council authorize (a) Layne Western to replace the existing booster pump and motor at Water Well #9 at the cost of $7,067.50 and (b) authorize Langford Engineering to prepare plans and specifications for automation of the Wakeforest Water Plant. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan. Britton, Schwartzel None Councilmember Bell I ( "n City Council Workshop Session, July 21, 1988 Discuss Houston Lighting & Power Franchise Amendment: Tom Tomlinson, Tom Standish and Michael Jines, representing Houston Lighting & Power Company, discussed the proposed amendment to the City's franchise. According to a letter the City received from HL&P in October 1987, there is an outstanding balance of approximately $25,000.00 of franchise fees due the City from the 1983 - 1985 collections. HL&P discouraged the City from collecting the dollars. However, it was the general consensus of City Council to proceed to collect the dollars due the City. It was decided that the City Attorney be asked to confer with the HL&P attorney to amend the franchise ordinance for a temporary increase and investigate a permanent increase. as well. Mayor Parks recommended staff detenmine the cost of an independent audit of Hl&P. Discuss Computer Recommendation for Police and Fire Departments: Donna Sims, Director of Administration, and Steve Griffith, Chief of Police, presented a request for purchase of hardware and software for the Police and Fire Departments. Because of the size of the Chief's Inc., system and the security requirements for the program, it was recommended these departments have separate hardware rather than expand the disc space at City Hall. A lease purchase arrangement was proposed to procure a .Baby" System 36 and the software. Mayor Parks recommended the equipment be procured but suggested Council consider a purchase rather than a lease purchase agreement. Donna Sims suggested that if City Council would entertain a budget amendment, staff would prefer a purchase arrangement. It was agreed that City Council would consider the budget amendment and that the data processing equipment be placed on Monday's regular meeting agenda. Discuss Acqu1esc,nce to Encroachment as to Form and Procedural Guidt'l1nes: The form of the Acquiescence to Encroachment was reviewed together with the procedural guidelines. It was suggested the fo~ be adopted by ordinance with a provision for signatures by either the City Manager or the Mayor. City Council agreed to consider this item during Monday's Council meeting. Consideration was given to the Fence Restriction Question for 6610 Brompton: City Manager, Richard Rockenbaugh, distributed copies of a draft amendment to the fence ordinance. Councilmember Bryan asked if all references to "fence" and "wall. in other parts of the code had been deleted. Councilmember Bryan suggested that, in the amendment, (i) lithe house projection is constructed at the same time a~d using the same materials as a principal building used for single-family residential purposes" and (v) "the house projection is constructed completely of masonry materials as defined in this article" needed to be clarified. It was further suggested that City Council Workshop Session, July 21, 1988 0n depth was not addressed in the draft. City Council concurred the City Attorney may submit a new draft to include these items. Consideration was given to the request from Tri-Sports Association: Mr. Rockenbaugh advised Council that it was the opinion of the City Attorney that money from the City should be spent on the park property within the City unless the City has some sort of contractural agreement between Houston Independent School District and Pershing Junior High School. Councilmember Schwartzel concurred the City should spend money on property that is leased to the City. Councilmember Schwartzel recommended that Tri-Sports get prior approval from the City before money is spent on maintenance. Mr. Rockenbaugh time the lights that Tri-sports maintain them. at that time. reviewed the history of the parks program. At the were installed on the field, it was the agreement would install the lights and the City would Repairs to the sprinkler system was not discussed It was agreed that staff should call the Tri-Sports leaders to work out an agreement to use the money for maintenance of the West University Elementary School fields. Consideration of Property Acquisition: There was nothing to report at this time. City Council did not convene in an Executive Session. Council Comments: Councilmember Schwartzel asked about the Metro/Milford Street property acquisition and suggested the City do nothing until Houston can settle the triangle property to the Cityls satisfaction. Councilmember Bryan asked if the Colonial Park renovation as suggested in the Parks Board minutes, was part of the City's Master Park Plan. Curtis Cooper advised that the Park Plan had not yet been done. Mayor Parks asked for Council's approval of the proposed bond election mailer. After review, it was recommended staff identify the priority areas and use a disclaimer that the priority areas were subject to change depending on the urgency in one given area. Staff Report: City Manager, Richard Rockenbaugh, distributed copies of the City Currents for Council IS approval. '1 r; City Council Workshop Session. July 21, 1988 The draft of the agenda for Monday's meeting was distributed for Council's review. The agenda was accepted subject to the changes agreed upon concerning the purchase of the computer equipment and software and the addition of an ordinance approving the Acquiescences to Encroachments. Adjournment: There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 9:33 p.m. I ({?tL ~ I ~ { 1\ t" Audrey Ni ols City Secretary 1 REGULAR CITY COUNCIL MEETING MONDAY, JULY 25, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, July 25, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager. City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Councilmember Schwartzel delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan. Bell, Britton, Schwartzel None None HONORARY CITIZEN PROCLAMATION: Mayor Parks read a proclamation granting honorary citizenship to Anne Meriau who is visiting from Saintes, France. City officials and Saintes officials are working towards a sister city relationship. Motion was made by Councilmember Bryan. seconded by Councilmember Bell, that the proclamation be approved as read. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: I 1 ~n Regular City Council Meeting, July 25, 1988 ORDINANCE ESTABLISHING A RECORDS MANAGEMENT PROGRAM: Consideration was g1ven to the f1rst read1ng of Ord1nance Number 1322. Mayor Parks presented the ordinance and read the caption, as follows: ORDINANCE NUMBER 1322 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT A~D ADMINISTRATION OF A RECORDS AND INFORMATION MANAGEMENT PROGRAM FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR DESTRUCTION OF RECORDS; PROVIDING FOR THE MICROPHOTOGRAPHY OF CITY RECORDS; AMENDING THE CODE OF ORDINANCES AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Copies of Ordinance Number 1322, ln the form required for adoption, were available to all members of City Council and a r~asonable number of additional copies available to interested citizens present. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that Ordinance Number 1322 be accepted on first reading as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ADOPTION OF RECORDS RETENTION SCHEDULES: Mayor Parks presented and read Resolution Number 88-08, as follows: RESOLUTION NUMBER 88-08 A RESOLUTION ESTABLISHING A MUNICIPAL RECORDS RETENTION AND DISPOSITION SCHEDULE FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS; APPROVING DESTRUCTION OF CERTAIN RECORDS RETAI~ED IN ACCORDANCE WITH SUCH SCHEDULE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. Pursuant to Article IX, Chapter 2 of the Code of Ordinances of the City of West University Place, Texas. the City Council hereby adopts the Records Retention and Disposition Schedule (Texas Municipal Records Manual, as amended) attached hereto and made a part hereof for all purposes. Records retained as long or longer than required by this schedule are hereby determined to be worthless and are subject to destruction as authorized by said Article IX. Records heretofore destroyed which were retained in accordance with such schedule are also determined to be worthless, and such destruction is approved. Duplicates Regular City Council Meeting, July 25, 1988 heretofore destroyed whi ch were no longer needed for current use are also authorized to be destroyed. Section 2. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 3. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this the , 1988. Councilmembers Voting Aye: day of Councilmembers Voting No: Councilmembers Absent: Signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney "1 I! To r I , -;711.' 'tIT f.t~.. . ., ("' Regular City Council Meeting, July 25, 1988 Motion was made by Councilmember Bell. seconded by Councilmember Bryan, that Resolution Number 88-08 be adopted as read. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell, Britton, Schwartzel None None ACQUIESCENCES TO ENCROACHMENTS: Consideration was given to the first reading of Ordinance Number 1323. Mayor Parks presented the ordinance and read the caption, as follows: ORDINANCE NUMBER 1323 AN ORDINANCE RELATING TO ACQUIESCENCES TO ENCROACHMENTS UPON CITY EASEMENTS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Copies of Ordinance Number 1323, in the form required for adoption. were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. The form of the acquiescences to encroachments and the administrative procedures were also presented for approval. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Ordinance Number 1323 be accepted on first reading as presented; the form of acquiescences to encroachments and the administrative procedures be approved as presented. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell, Britton, Schwartzel None None DATA PROCESSING FOR POLICE AND FIRE DEPARTMENTS: Consideration was given to staff's recommendation to authorize purchase of data processing hardware and software from IBM and Chiefs. Inc., at cost of $90,513.00. Motion was made by Councilmember Schwartzel, seconded by Councilmember By'yan, that City Council authorize the purchase of data processing equipment for the Police and Fire Departments at the cost of $90,513.00. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell, Britton, Schwartzel None None ENGINEERING SERVICES FOR VARIOUS UTILITY PROJECTS: Consideration was Regular City Council Meeting, July 25, 1988 1rr- given to invoices totaling $16,360.19 submitted by Langford Engineering Inc., as follows: (a) Invoice No. 5529 in the amount of $8,239.33 for Phase 2, Priority Area 1, Sanitary Sewer Renovations, West University 1st Subdivision; (b) Invoice No. 5530 in the amount of $2,055.75 for repairs to Water Well No.9; (c) Invoice No. 5531 in the amount of $382.32 and Invoice No. 5500 in the amount of $14.33 for study to automate the Wakeforest Water Plant; (d) Invoice No. 5532 in the amount of $5,668.46 for replacement of Weslayan Lift Station Manhole. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoices totaling $16,360.19 submitted by Langford Engineering Inc., be approved for payment. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton. Schwartzel None None Voting No: Absent: 1987 ANNUAL CITY AUDIT: Consideration was given to the final invoice in the amount of $2,500.00 submitted by Peat Marwick Main & Co., for professional services rendered in connection with the annual audit of the City's financial statements for the year ended December 31, 1987. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice submitted by Peat Marwick Main & Co., be approved for payment. Voting Aye: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None None 11, Voting No: Absent: COUNCIL COMMENTS: No member of Council had further comments at this time. STAFF REPORT: City Manager. Richard Rockenbaugh, had nothing further for Council IS consideration. 1 ~ Regular City Council Meeting, July 25, 1988 CITY COUNCIL MEETING MINUTES: Minutes of City Council meetings were presented, as follows: (a) City Council Workshop Session, July 7, 1988; (b) City Council Regular Session. July II, 1988 (c) City Council Workshop Session, June 11, 1988. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel. that the minutes of the meetings be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell, Britton, Schwartzel None None ADJOURNMENT: With no further business to come before City Council. motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that the meeting adjourn. Such motion carried and the meeting adjourned at 7.40 p.m. 1, CITY COUNCIL WORKSHOP SESSION THURSDAY, AUGUST 4, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, August 4, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bell and Britton. Councilmember Schwartzel arrived at 7:05 and Councilmember Bryan arrived at 7:25. Also present were the City Manager, City Secretary, Director of Administration, Director of Operations and the Chief of Police. Hearinq of Residents: There were none present who wished to speak. Charlotte Muckleroy: Discuss Parkin~ Problems: Charlotte Muckleroy, 4008 Ruskin, brought a complaint to City Council concerning her next door neighbor who is teaching violin lessons in her home. Ms. Muckleroy believed the neighbor was giving group lessons and at times would have 40 people at her house with the accompanying cars parked in the street. After hearing Ms. Muckleroy's concerns, Councilmember Britton suggested a group as large as 40 people would be considered a school. Councilmember Britton suggested the ordinance define music lessons as private lessons. However. to do so would require amending the zoning ordinance which would be a lengthy process including at least one public hearing. It was further discussed that Ms. Muckleroy consider filing a formal complaint of zoning violation and have a hearing in the Municipal Court. Ms. Muckleroy agreed to pursue this course of action. Ms. Muckleroy further reported that theatre patrons were using Ruskin Street for parking. City Council discussed the designation of a commercial impact zone and no parking signs. Neither of these options were considered an appropriate remedy at this time. Discuss and Consider Depository Aqreement: Director of Administration, Donna Sims, explained that the depository agreement with First Republic Bank was questionable since the bank had been purchased by NCNB. Ms. Sims recommended City Council to consider advertising for proposals for a depository agreement and let NCNB bid for the city's depository. Mayor Parks recommended the City request proposals for the depository. ., r City Council Workshop Session, August 4, 1988 Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council authorize advertising for depository proposals. Voting Aye: Mayor Parks, Councilmember Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: Discuss and Consider Bond Election advertisin~ and Itinerary of Rond Ratinq Aqency: The bond rating agents August 10, 1988. itinerary was discussed. It was agreed to host the representatives from Standard & Poor's for luncheon and a tour of the City's facilities. A letter from the chairman of the Bond Committee '88. Reid Wilson, requested Council consider granting permission to (1) place a temporary sign over the semipermanent signs at the southwest corner of Buffalo Speedway and University; (2) place a temporary sign at City Hall; and (3) post notices of the election in various locations inside the City Hall. Mr. Wilson requested Council consider whether the City could absorb the cost of the temporary signs. After discussion, motion was made by Councilmember Bryan that City Council not authorize the items requested. Such motion died for lack of a second. Motion was then made by Councilmember Bell, seconded by Councilmember Britton, that City Council authorize the use of the semipermanent signs; temporary sign at City Hall; and the posting of notices of the election inside City Hall. Financing by the City was discussed. City Council concurred it was not appropriate for city funds to be spent on advertising a positional statement on the bond election. Councilmember Britton withdrew his second to the motion. Final consensus of City Council was that the city decline Mr. Wilson's requests. Mr. Wilson would be encouraged to advertise voting for the bonds but at the expense of the Bond Committee. Discuss and Consider Traffic Committee Recommendations: Chi Griffith reviewed the Traffic Committee recommendations with City Council, as follows: Mercer Street. The committee recommended the instal- lation of a 20 mph speed zone between University and Bissonnet. The recommendation was based on the speed survey which determined that the average speed (85th percentile) currently being travell is 21 mph. The Committee agreed to let the citizens on Mercer resolve the issue as to which City Council Workshop Session, August 4, 1988 1 r' side of the street the "No Parking" zone should be installed and report back to the committee. After discussion, City Council agreed the speed zone remain as currently posted. The speed survey strongly indicated that, in effect, the traffic speed was already 20 mph. Wroxton Street. The committee instructed staff to research if the speed limit zone was recently extended on Wroxton and if so, why. Research was in progress. Auden Street. The committee studied the speed survey that was conducted on Auden Street. The survey revealed that the average speed (85th percentile) was 31 mph. Under the guidelines established by the Uniform Traffic Code, this would only allow for a reasonable and prudent speed of 30 mph to be established. The committee did not recommend a change in the speed limit on Auden. City Council concurred with the committee's recommendation. The committee recommended that the IiNo Parking Anytime" zone that was temporarily installed on the east side of Auden during the bridge construction be established permanently. A letter to the citizens on Auden will be drafted explaining the actions recommended by the committee and recommending that citizens contact members of the committee if they have reservations about the parking zone. City Council agreed with the recommendations of the traffic committee. Academv and Bissonnet. The committee reviewed the drawings of the modifications produced by Traffic Engineers. The committee made an original recommendation that Judson be established as a "right turn only" for traffic that is east bound. The drawing indicates that traffic would be allowed to turn off of Judson to Bissonnet in both directions. The committee requested that staff meet with Traffic Engineers to clarify the problem. They also recommended that stop lines be painted on Academy at Bissonnet. The committee requested that a letter be drafted to Dick Connley at City of Houston Traffic and Transportation requesting modifications to the median between Academy and Weslayan to allow traffic exiting the Randall's parking lot to turn east on Bissonnet. Currently traffic is turning west on Bissonnet and then making a U-turn at Academy. The committee also would like for Houston to bring the markings for the west bound left hand turn lane at Academy up to the intersection. The markings are currently recessed. This encourages the U-turn. A request will also be made for the south bound stop line on Academy. City Council Workshop Session, August 4, 1988 ., Chief Griffith advised that these recommendation were in progress. West University Elementary The committee would like to request that money be budgeted for an engineering study of the traffic flow problems at West University Elementary. The study should include recommendations for traffic flow for parents dropping off children. crosswalk installations or modifications, suggested bus crosswalk installations or modification, suggested bus routes and an examination of the jay walking problem. Recommendations should also be made for the parking problems that occur in the evenings due to sports activities. Members of Council agreed the elementary school principal and PTA president be advised of the recommendations and that they requested to develop a traffic plan for the school. If this is not successful, then it will become necessary for the City to develop traffic procedures and policies. Sunset. The committee recommended that the 30 mph speed zone on Sunset be posted. The committee instructed staff to conduct traffic flow counts on the intersections of Edloe and Mercer. The committee will make a recommendation on the installation of four way stops after the data has been accumulated. The traffic counts will be conducted after traffic patterns return to normal because of the recently closure of Sunset Bridge. A letter will be drafted to the citizens explaining the posting of speed limit signs and the process for determining the justification of multi-way stop signs. Recommendations for Sunset were accepted by City Council. University and Academv. The committee examined the traffic count data that had been provided. After determining volumes. the decision was made to recommend establishment a four way stop. Because the intersection acts as an access point to Colonial Park, two crosswalks will be established. One crosswalk will cross University on the east side of Academy. The other crosswalk will cross Academy on the south side of University. The other crosswalk will cross Academy on the south side of University. "Four way" plaques should be installed on the stop signs. Stop Ahead warning signs should be installed proceeding the stop signs from all four directions. The committee recommended that staff trim the trees or raise the signs currently on Academy. The signs are difficult to see. A survey of the citizens will be conducted. Chief of Police Griffith recommended the traffic committee report be accepted for this intersection. City Council concurred. Rice and Wakeforest. The committee reviewed the traffic count data and the accident history at this intersection. The accident history (five accidents in a year's period) City Council Workshop Session, August 4. 1988 11. of . " .. ;. . justified the installation of a four way stop. A survey had previously been conducted. The residents in the area were unanimous in their support of the four way intersection. The committee recommended that a four way stop be installed. "Four way" plaques should be installed on the signs. Stop Ahead warning signs should be installed proceeding the stop signs from all four directions. City Council agreed with recommendations as presented. ~cle Lane on Universit~ Boulevard. The committee reviewed a letter expressing the concerns of the supervisors from the police department about the parking of vehicles in the bicycle lane. The parking is causing a hazardous situation when bicyclers riding in the lane, against the flow of traffic, pullout into oncoming traffic to go around a parked vehicle. There is an ordinance that prohibits parking in the bike lane. The ordinance is not enforced because the parking zones are not marked. The committee felt that establishing a "No Parking" zone for the entire length of University would cause an undue hardship on residents. The committee has recommended that a "Bicycle Route" be established in the place of the "Bike Lane". Under this proposal the bike lane marking would be removed. Signs on both side of University would indicate that University Blvd. was a .Bike Route". Bicyclers would follow the state law in the operation of their bicycles. The committee has instructed staff to research the legal considerations. Staff will draft a letter for the committee's review. This letter will come from the committee to the City Council, outlining the problems with the Bike Lane and making the recommendation for a Bike Route. City Council concurred with the recommendations for the Bike Route. M~trn ~dln~ Str~~t Rail Statinn. The committee has instructed staff to attempt to obtain preliminary plans for the Edloe street rail station. They would also like to review the traffic flow plans, if any. Staff will work to obtain this information. ~n Throuoh T~~ct zon~~a The committee has instructed staff o research e lega ty and current location of these zones. It was the recommendation of staff to discuss this issue at a future workshop session. On a similar issue, Councilmember Bryan asked if staff could include in the contractor's letters that construction parking be limited to one side of the street. 1 r u: a. 1 =11 "71111I. 1 City Council Workshop Session, August 4. 1988 Discuss and Consider the Coalition of Cities with Oriainal Jurisdiction concerninq Houston Liqhtinq & Power Company's expected rate increase request: After discussion. City Council agreed staff should contact Houston that West University would join the Coalition. Discuss and Consider Election of Representative to the Metro Board of Directors: Mayor Parks advised that on August 17, he would attend the Metro Suburban Cities meeting to elect a representative to the Metro Board of Directors. Several cities already indicated they would support the nomination of P. J. Leonetti for another term on the Board. Mayor Parks recommended P. J. Leonetti and, if that were agreeable to Council, he would cast the City's vote for her. Members of Council agreed to support Ms. Leonetti. Council Comments: Councilmember Schwartzel suggested that during the budget process consideration be given to stop funding for the school crossing guard at Buffalo and University. Mayor Parks and Councilmember Bryan voiced their opposition to the suggestion but agreed to discuss the matter at the appropriate time. Councilmember Bryan had questions concerning the urban forester, computer mapping, code enforcement, the driveway for the house at the corner of Lafayette and Buffalo, CARE program. and the fence ordinance. Mayor Parks reported that the City of Saintes, France has expressed an interest in a sister city project with West University. If Council concurred. the City needs to respond. City Council agreed as long no costs were incurred. Adjournment: With no further business to come before Council at this time. Mayor Parks declared the workshop session adjourned at 9:30 p.m. 1 ~ REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 8, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, August 8, 1988. with the following members present: Mayor Parks, presiding; Councilmembers Bryan and Britton. Council- members Bell and Schwartzel were absent. Also present were the City Manager, City Secretary, City Attorney. Director of Administration, Director of Operations and the Chief of Police. Councilmember Bryan delivered the invocation and led the Allegiance to the Flag. SUPER GUARDS: Mayor Parks announced that staff had announcements concerning awards received by the City's lifeguards. Curtis Cooper, Director of Operations, introduced Colonial Park personnel, Alice Elsby, Manager, and Grant Shallenberger, Assistant Manager, and asked Mr. Shallenberger to introduce the lifeguards. Grant Shallenberger introduced Robert Kite. Sarah Harrison and Ben Teigert who finished 4th, 7th and 9th, respectively, in the overall standings in the 1988 Superguard Competition. Mayor Parks presented the lifeguards with their awards which had been framed for them. Mayor Parks expressed City Council's appreciation for their excellent performance and congratulated each one. INTRODUCTION OF NEW PERSONNEL: Chief of Police Steve Griffith introduced Ken Macha who is a new patrolman in the Police Department. Wayne Perry, Chief Building Inspector. introduced Cecil Boles who has joined city staff in the capacity of Code Enforcement Officer. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. Regular City Council Meeting, August 8, 1988 1 ~ CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton None Councilmembers Bell, Schwartzel ORDINANCE ESTABLISHING A RECORDS MANAGEMENT PROGRAM: Consideration was given to the second reading of Ordinance Number 1322. Mayor Parks read the caption. as follows: ORDINANCE NUMBER 1322 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS AND INFORMATION MANAGEMENT PROGRAM FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR DESTRUCTION OF RECORDS; PROVIDING FOR THE MICROPHOTOGRAPHY OF CITY RECORDS; AMENDING THE CODE OF ORDINANCES AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Copies of Ordinance Number 1322, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested cltizens present. Motion was made by Councilmember Britton. seconded by Councilmember Bryan, that Ordinance Number 1322 be adopted as presented on second and final reading. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Britton None Councilmembers Bell, Schwartzel ACQUIESCENCES TO ENCROACHMENTS: Consideration was given to the second and final reading of Ordinance Number 1323. Mayor Parks read the caption, as follows: ORDINANCE NUMBER 1323 AN ORDINANCE RELATING TO ACQUIESCENCES TO ENCROACHMENTS UPON CITY EASEMENTS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Copies of Ordinance Number 1323. in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that Ordinance Number 1323 be adopted on second and final reading as presented. Regular City Council Meeting, August 8, 1988 Voting Aye: Voting No: Absent: 1 ~ r Mayor Parks, Councilmembers Bryan, Britton None Councilmembers Bell, Schwartzel PRIORITY AREA NO.1. PHASE 2. SANITARY SEWER. WEST UNIVERSITY FIRST SUBDIVISION: Consideration was given to Monthly Estimate No.7 in the amount of $154,072.92 submitted by Jamcom Construction Co., Inc., for work performed through July 29, 1988, on the sanitary sewer renovation project in West University 1st Subdivision. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that Monthly Estimate No.7 in the amount of $154,072.92 be approved for payment to Jamcom Construction Co., Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton None Councilmembers Bell, Schwartzel EMERGENCY GENERATOR REPLACEMENT: Consideration was given to the request for authorization to purchase an emergency generator for City Hall and that the purchase be made on an emergency basis. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that City Council authorize the purchase of an emergency generator as requested. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton None Councilmembers Bell, Schwartzel LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,696.00 submitted for legal services provided on the City's behalf for the month of July 1988. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that the invoice in the amount of $4.696.00 for legal services be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan. Britton None Councilmembers Bell, Schwartzel CITY AUCTION: Consideration was given to authorizing an auction to be held on Saturday, September 17, 1988, to sell bicycles and various other city owned items. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that City Council authorize the auction to be held on September 17, 1988. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Britton None Councilmembers Bell, Schwartzel Regular City Council Meeting, August 8. 1988 1 BANK DEPOSITORY SERVICES: Consideration was given to the request for authorization to advertise and receive proposals for bank depository services. Motion was made by Councilmember Bryan, seconded by Councilmember Britton. that City Council authorize advertising for proposals for bank depository services. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan~ Britton None Councilmembers Bell. Schwartzel PROCLAMATION: Mayor Parks proclaimed Saturday. August 6, 1988. as West University Junior League Tournament Team Day in West University Place. The team won the state championship would be competing for regional championship in Florida. Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that the proclamation be accepted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton None Councilmembers Bell. Schwartzel COUNCIL COMMENTS: Mayor Parks acknowledged a letter received complimenting Municipal Court Clerk, Iola Pickul for speaking at Municipal Court Clerk seminars. The Mayor congratulated Mrs. Pickul for her knowledge of the subject and her instructional abil iti es. Councilmember Bryan expressed her appreciation for the City Currents article, "From Your Police Department", reminding people who leave their doors unlocked. leave keys in cars and garage doors open, to help the Police Department by locking their doors. STAFF REPORT: City Manager, Richard Rockenbaugh. advised City Council that the visit from the rating agent was cancelled by Standard & Poor's and will be rescheduled at some time in the future. CITY COUNCIL MEETING MINUTES: Minutes of City Council meetings were presented for consideration, as follows: (a) City Council Workshop Session, July 21. 1988; (b) City Council Regular Session, July 25, 1988. Motion was made by Councilmember Bryan, seconded by Councilmember Britton. that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Britton None Councilmembers Bell, Schwartzel Regular City Council Meeting, August 8, 1988 1 ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Bryan, seconded by Councilmember Britton, that the meeting adjourn. Such motion carried and the meeting adjourned at 7:42 p.m. (/",.,. (.'.............. /...'./~1( .. '-\.---/ , \/\ ~ i \.\ r ~~0~;{L ~1ichael L. Par ~1ayor 1 SPECIAL CITY COUNCIL MEETING MONDAY, AUGUST 15,1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in special session in the City Hall Council Chamber, 3800 University Boulevard. in the City of West University Place, on Monday, August 15, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan. Bell, Britton and Schwartzel. Also present were the City Manager and the City Secretary. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CANVASS RETURNS FROM THE BOND ELECTION HELD AUGUST 13,1988: Consideration was given to canvassing the precinct returns to determine the results of the Bond Election. James L. Shepherd, City's Bond Counsel, and Jerry D. Nickell, Presiding Judge of the Central Counting Station were present. City Council compared the Return Sheets (from each precinct and for absentee voting) with the total number of votes received in each precinct as shown on the print out from the tabulating equipment with the addition of the manually counted absentee votes. The sum of the precinct totals tabulated by the Central Counting Station for the Unofficial Tabulation of Returns was reviewed. City Council accepted the tabulation of votes as presented and declared the total of all votes received "for" and "against" each measure, as follows: Proposition No. 1 For: 311 Against 78 For: 307 Against 75 For 316 Against 69 Proposition No. 2 Proposition No.3 The following was signed by Mayor Parks: Special City Council Meeting, August 15, 1988 1 4 r, Prescribed by Secretary of State Section 67.004, V.T.e.A., Election Code 1/86 CANVASS OF BOND ELECTION I, Michael L. Parks ~ Mayor of the City of West University Place~ Texas, met with the City Council sitting as the canvassing board to canvass the bond election of Saturday, August 13, 1988, on Monday, August 15~ 1988, at the City Hall Council Chamber, 3800 University Blvd.. in West University Place, Texas. I certify that the figures on the print out from the tabulating equipment with the addition of manually counted votes, correspond with the figures on the returns. Witness my hand this 15th day of August , 1988. Presiding Officer of Canvassing Authority Michael L. Parks. Mayor ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS OF BOND ELECTION: Consideration was given to Ordinance Number 1324. Mayor Parks read the caption, as follows: ORDINANCE NUMBER 1324 ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS OF BOND ELECTION HELD AUGUST 13~ 1988, AND CONTAINING RELATED FINDINGS AND PROVISIONS Copies of Ordinance Number 1324, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Ordinance Number 1324 be adopted on first and final reading as presented. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ADJOURNMENT: There being no further business to come before Council at this time~ motion was made by Councilmember Schwartzel, seconded by Councilmember Britton, that the meeting adjourn. Such motion carried and the meeting adjourned at 7:12. p.m. Special City Council Meeting, August 15, 1988 1 "1 CITY COUNCIL WORKSHOP SESSION THURSDAY, AUGUST 18, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, August 18, 1988. with the following members present: Mayor Parks. presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager. City Secretary, City Attorney, Director of Administration, Director of Operations and the Chief of Police. Hearinq of Residents: There were none present who wished to speak. Discuss Amendment to Houston Lighting & Power Franchise: Jim Dougherty, City Attorney, reported that he and the Director of Administration were negotiating with Houston Lighting & Power Company and he should soon have a draft amendment for Council IS review. Discuss Street Closing Procedures: Mr. Dougherty presented a draft ordinance and proposed that with the closing of Browning Street, he would try to include all prior street closings in the ordinance. The draft ordinance before Council was worded so that the street would remain in the public domain except for cars, however. it would not constitute an abandonment of street right of way by the City. Amenities were addressed so that the City will be able to follow the law providing the City this authority. Councilmember Schwartzel suggested the City seek a fee simple title to that remaining portion of street to be landscaped after closing. Mr. Dougherty advised that such action would require the City abandon that portion of the street and purchase it from the adjoining residents. Mayor Parks recommended staff try to obtain fee simple, however, to go ahead and place the ordinance on the August 22, 1988. agenda for consideration. Discuss the Medrano Fence Question: The City Attorney presented a draft amendment to the fence ordinance. The amendment clarified the definitions of "fence" and "house projectionl!. Councilmember Bryan suggested that subsection (c) (i) be changed by deleting "the house projection must be masonry as defined in City Council Workshop Session, August 18. 1988 10'1'1 this Article". Council concurred that (i) read "the house projection is constructed at the same time as a principal building used for single-family residential purposes using the same materials". Councilmember Bryan suggested that Subsection (d) be amended to read "A gate may be not taller than may a fence or wall at the same location, except that a gate which is not more than 1Q! opaque may extend to a height not greater than 12 inches above the maximum height of a fence or wall at the same location." Mayor Parks recommended that the ordinance be as it clarified the definition of "house projections". Mayor Parks. Councilmembers Bryan, and Bell were in favor of the amendment; Councilmembers Britton and Schwartzel did not favor the amendment. City Council agreed to place the ordinance on Monday's agenda for consideration, Discuss Water Bill Adiustment Pror.eOllrps' City Manager. Richard Rockenbaugh, presented a proposed ordinance which addressed adjustments to utility bills and provided procedures for the City to follow for appeals of latent water 1 ea ks . Director of Administration. Donna Sims, reviewed the procedures with Counc il , It was the consensus of City Council that the policy not be enacted by ordinance but authorized by motion and to place this item on the agenda for Monday's Council meeting. Discuss Ratinq Agency Visit: Director of Administration. Donna Sims, asked if City Council wished to update the video used in the rating agency visit for the 1986 bond issue. It was determined that City Council did not wish to update the video. Ms. Sims discussed options concerning the anticipated visit from Standard & Poor's and Moody1s. No action was taken by City Council at this time. Discuss DroDosal submitted by Pitometpr Assor.i~tes to develop n Hydraulic Network Model of thp W~tpr Oic;trihlltion Syc;tpm' Superintendent of Utilities. Bob Simpson, requested City Council consider authorizing the purchase of software which would provide current water distribution system information and provide an application for future projections. The model would allow the City to use the existing system more efficiently. It was the consensus of City Council to investigate other cities that are using the model to determine if it is a practical and beneficial program. Mayor Parks recommended Mr. Simpson come back to Council with a cost justification statement before Council made a decision on the matter. City Council Workshop Session. August 18, 1988 ;1 Discuss and consider Awarding the Fire Dept. Re-roof Contract to the Second lowest Bidder: City Manager, Richard Rockenbaugh, distributed a memo addressing the staff's problems with the low bidder for re-roofing the Fire Department. The low bidder was not able to provide the required insurance and staff recommended the contract be awarded to the second low bidder, Sonny's Roofing, in the amount of $8.985.00. It was agreed to place this item on the agenda for Monday's meeting. Council Comments: Councilmember Bryan asked about the letter from the City of lake Jackson requesting West University's participation in a coalition of cities concerning Houston lighting & Power Company's anticipated rate increase request. City Manager, Richard Rockenbaugh, advised that staff was investigating the matter and would be able to report back as soon as more information was available. Staff Report: Mr. Rockenbaugh distributed copies of the draft agenda for the August 22. 1988, Council meeting for Council IS review. Adjournment: There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 8:30 p.m. ~ . . \ // r\ - i chao 1 L.- '1'. r -?--- ,y~ Mayor 1 REGULAR CITY COUNCIL MEETING MONDAY. AUGUST 22, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard. in the City of West University Place. on Monday. August 22. 1988, with the following members present: Mayor Parks. presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Secretary, City Attorney. Director of Administration, Director of Operations, and the Chief of Police. The City Manager was absent. Councilmember Bell delivered the invocation and led the Allegiance to the Flag. PRESENTATION OF CERTIFICATE OF APPRECIATION TO DAVID PETER IGNASH: Mayor Parks presented the Certificate of Appreciation to David Peter Ignash who participated in providing the funding for the beautification of the Eastern Star Center. The certificate reads: "For the significant donation and bequest of continued well being. prosperity, and beautification of the City of West University Place, Texas, through the planting of trees and the acquisition and development of open space and park land. In testimony, we have signed our names and caused the seal of the City of West University Place to be affixed on this the 22nd day of August 1988." The certificate was signed by Mayor Parks and the City's Parks Board Chairman, Russ Schulze. David Agerton and his family received the Certificate for Mr. Ignash. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. John Stokes, 2920 Rice Blvd, addressed Council concerning the 1989 Houston-Tenneco Marathon. He introduced Bruce Steffler with the Marathon Committee. Mr. Steffler requested permission for the marathon to use the streets and the same facilities as in the past. The marathon is scheduled for January 15. 1989. Mayor Parks assured Mr Steffler the City looked forward to working with the Marathon Committee for another successful race. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the Houston-Tenneco Marathon be placed on the next regular City Council agenda. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: Regular City Council Meeting. August 22, 1988 CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Mayor Parks, Councilmembers Bryan. Bell, Britton, Schwartzel None None Voting No: Absent: PROCLAMATION: Mayor Parks designated the week of September 17 through 23 Constitution Week in the City of West University Place. Mrs. Ernest B. Arbaugh, Chairman Constitution Week Committee, Lady Washington Chapter. Daughters of the American Revolution, was present to receive the proclamation. Motion was made by Councilmember Schwartzel. seconded by Councilmember Bryan, that the proclamation be accepted as read. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ORDINANCE RELATING TO STREET DESIGN AND TRAFFIC CONTROL: Consideration was glven to the flrst readlng of Urainance Number 1325. Mayor Parks read the caption as follows: ORDINANCE NUMBER 1325 AN ORDINANCE RELATING TO STREET DESIGN AND TRAFFIC CONTROL; PROVIDING FOR INSTALLATION AND MAINTENANCE OF CERTAIN STREET AMENITIES AND TRAFFIC DIVERSION DEVICES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Copies of Ordinance Number 1325, in the form required for adoption. were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that Ordinance Number 1325 be accepted on first reading as presented. Regular City Council Meeting, August 22, 1988 1 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None AMENDMENT TO THE FENCE ORDINANCE: Consideration was given to the first reading of Ordinance Number 1326. Mayor Parks read the caption as follows: ORDINANCE NUMBER 1326 AN ORDINANCE RELATING TO FENCES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE TO PROVIDE FOR HOUSE PROJECTIONS AND GATES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1326, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Ordinance Number 1326 be accepted on first reading as presented. In the discussion that followed, Councilmember Schwartzel stated he was opposed to the amendment as written. He was in favor of correcting any ambiguity that may exist in the current ordinance. but he was in favor of maintaining the restrictions in the current ordinance. Councilmember Schwartzel thought, in some cases, the amendment would allow a house projection to be built to the property line and he was opposed to that. Councilmember Britton stated his opposition to the amendment was because he thought it added unnecessary complexities to fence restrictions. Councilmember Bell expressed his oplnlon that he thought the amendment clarified the existing ordinance. He thought the amendment would affect a small number of lots because there are few lots in the city large enough to accommodate a house projection such as addressed in the amendment. Councilmember Britton agreed that the amendment would affect only a few lots, however, he did not think City Council should legis- late to this extent. The City Attorney stated that the problem was not so much with the existing fence ordinance as it was with the definition of what is a free standing wall and what is considered part of the house. The existing ordinance did not address this question. This amendment does address that question and does define a specific situation. In Subparagraph (c),(vii) the amendment states that a house projection must comply with all other section of this Regular City Council Meeting, August 22, 1988 1 article. As a practical matter. a homeowner could not build the projection out to the property line. Mayor Parks suggested the amendment cleared the fence ordinance of ambiguities and clearly defined what was a house projection and at what point a house projection becomes a fence. The amendment clearly states that at 75 inches, the house projection becomes a fence. Motion was made by Councilmember Britton that City Council table the ordinance until better definitions could be obtained. Councilmember Schwartzel seconded the motion. Mayor Parks called for a vote on Councilmember Britton's motion to table. Voting Aye: Voting No: Absent: Motion failed. Councilmembers Britton, Schwartzel Mayor Parks, Councilmembers Bryan, Bell None Mayor Parks called for a vote on the main motion to accept Ordinance Number 1326 as presented on first reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell Councilmembers Britton, Schwartzel None ADJUSTMENT TO UTILITY BILLS: Consideration was given to adopting policy and procedures for adjustments to utility bills. Motion was made by Councilmember Bryan, seconded by Councilmember Bell. that the policy and procedures for adjustment to utility bills be approved and adopted by City Council as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None RE-ROOF FIRE DEPARTMENT: Consideration was given to staff's recommendation to award the contract to re-roof the Fire Department to the second low bidder. Staff1s recommendation was to award the contract to the second low bidder, Sonny1s Roofing. The project was bid in April and awarded to the low bidder. However, in July, the low bidder returned the contract documents and informed staff he was unable to fulfill the insurance requirements. Motion was made by Councilmember Bryan. seconded by Councilmember Bell, that City Council accept staff's recommendation and award Regular City Council Meeting, August 22, 1988 1 the contract to the second low bidder. Sonnyts Roofing, at ir bid price of ,985.00. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: WATER PRIORITY AREA NO.7. COLLEGE COURT SUBDIVISION: Consideration was given to the following items submitted by Bearden Contract- ing Company, Inc: (a) Monthly Estimate No.7 and Final in the amount of $35.123.90; for work completed on the water line replacement project in College Court Subdivision; (b) Change Order No.1 and Final reducing the overall contract amount upon completion by $1,901.00; (c) Authorize issuance of Certificate of Completion. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council approve for Bearden Contracting Company, Inc. (a) payment of Monthly Estimate and Final in the amount of $35.123.90; (b) approve Change Order No.1 and Final; and (c) authorize issuance of the Certificate of Acceptance. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ENGINEERING SERVICES RELATED TO REPAIRS TO GROUND STORAGE TANKS: Consideration was given to the final invoice in the amount of $4,088.53 submitted by Don S. Reichle & Associates for their services in conjunction with the repair and painting of the ground storage water tanks. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice in the amount of $4,088.53 be approved for payment to Don S. Reichle & Associates. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None REPAIR AND PAINTING OF GROUND STORAGE WATER TANKS: Consideration was given to staff's recommendation concerning the contract to Diversified Coatings LTD., as follows: (a) Release of retainage in the amount of $8, 1.10; (b) Issuance of Certificate of Acceptance. Regular City Council Meeting, August 22, 1988 , r -~ ~ Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Council accept staff's recommendation and authorize the release of retainage and issuance of Certificate of acceptance to Diversified Coatings LTD., for completion of the repairs and painting of the ground storage facilities. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton. Schwartzel None None PURCHASE OF 6" DIESEL WATER PUMP AND SEWER VACUUM TRUCK: Consideration was given to invoices totaling $121,375.00 submitted by Naylor Supply Co., Inc. for delivery of the following items: (a) Invoice No. 7902 in the amount of $20,976.00 for livery of the six inch Sykes water pump; (b) Invoice No. 7903 in the amount of $100,399.00 for delivery of the 1988 GMC Cab & Chassis and the rear mounted 1988 Camel 200 Sewer & Catch Basin Cleaner. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice submitted by Naylor Supply Co., Inc., approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None REPAIR OF WATER WELL #9: Consideration was given to Monthly Estimate No.1 in the amount of $24,635.70 submitted by Layne-Western Co., Inc., for work performed through July 31, 1988, on the repairs to Water Well #9. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Monthly Estimate No.1 in the amount of $24.635.70 be approved for payment to Layne-Western Co.. Inc. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell, Britton, Schwartzel None None GROUNDWATER WITHDRAWAL ANNUAL PERMIT FEE: Consideration was given to the invoice in the amount of $5,362.50 submitted by Harris- Galveston Coastal Subsidence District for groundwater withdrawal permit for the year beginning July 1, 1988 through June 30. 1989. Motion was made by Councilmember Bryan. seconded by Councilmember Bell. that the invoice submitted by Harris-Galveston Coastal Subsidence District be approved for payment. 1 Regular City Council Meeting. August 22, 1988 Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell. Britton. Schwartzel None None ENGINEERING SERVICES FOR VARIOUS RELATED UTILITY PROJECTS: Consideration was given to invoices totaling $15,392.39 submitted by Langford Engineering Inc., for the following: (a) Invoice No. 5564 in the amount of $13.299.10 for Phase 2. Priority Area No.1. Sanitary Sewer, West University 1st Subdivision; (b) Invoice No. 5565 in the amount of $1,916.16 for repair of Water Well No.9; (c) Invoice No. 5566 in the amount of $177.13 for Study to fully automate Wakeforest Water Plant. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoices submitted by Langford Engineering, Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton. Schwartzel None None STRUCTURAL ALTERATIONS TO STREET DEPARTMENT GARAGE AND OFFICE: Consideration was given to the final invoice in the amount of $44,900.00 submitted by Rogers Constructors, Inc., for work completed on the structural alterations to the Street Department Garage and Office. Motion was made by Councilmember Bryan. seconded by Councilmember Bell, that the invoice in the amount of $44,900.00 be approved for payment to Rogers Constructors, Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None COUNCIL COMMENTS: Councilmember Bryan expressed her appreciation for the quarterly financial report and complimented the Director of Administration on the excellence of the report. Councilmember Bryan acknowledged the City was in receipt of several letters concerning every City department where city employees helped citizens and she expressed her appreciation. She suggested that a thank you letter, for Council's signature, be drafted to Mr. and Mrs. Chapman for their donation of the treadmill to Colonial Park. ular City Council Meeting, August 22, 1988 1 Councilmember Schwartzel suggested staff recommend to the Houston-Tenneco Marathon Committee to provide West University Place with better promotional advertising in the 1989 marathon, such as including the City on the marathon maps. STAFF REPORT: The City Secretary distributed a draft of City Currents for Council1s review. Several changes were suggested and noted for final print. CITY COUNCIL MEeTINC MINUTES: Minutes of the submitted for consideration: llowing minutes were (a) City Council Workshop Session, August 4, 1988; (b) City Council Regular Session. August 8, 1988 (c) City Council Special Session, August 15, 1988. Councilmember Bryan offered two amendments to the August 8, 1988, meeting: (a) That her comments concerning the "From the Police Department" article in City Currents reflect her intent that reminders to lock houses and cars and not leave keys in cars be repeated from time to time in the Currents; (b) That the minutes reflect her comment. which was omitted, that when people call City Hall with questions concerning an ordinance. staff remind the caller the City enforces its ordinances. Motion was made by Councilmember Schwartzel. seconded by Councilmember Bell, that the minutes of August 8, 1988 be approved as amended and the minutes of August 4 and August 15, 1988, be approved as submitted. Voting Aye: Mayor Parks. Councilmembers Bryan. Bell Britton, Schwartzel None None Voting No: Absent: ADJOURNMENT: There being no further business to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Britton, that the meeting adjourn. Such motion carried and the meeting adjourned at 8:21 p.m. Regular City Council Meeting. August 22, 1988 1 ~ 1 0 ~ CITY COUNCIL WORKSHOP SESSION THURSDAY, SEPTEMBER 8, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room. 3800 University Boulevard, in the City of West University Place, on Thursday, September 8, 1988, with the following members present: Mayor Pro Tem Bryan. presiding; Councilmembers Bell, Britton and Schwartzel. Mayor Parks was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration and the Director of Operations. Hearing of Residents There were none present who wished to speak. Discuss and Consider Bond Sale Schedule and Rating Trip Marvin Moreland. City's Financial Advisor, discussed the time table for the sale of the bonds, the sale date and also left a copy of his letter to Standard & Poor's people who will visit the City on September 27, 1988. Moody's can not come until the very last of October which would throw the bond sale at the same time as the general election. Mr. Moreland recommended the City proceed with the sale of the bonds without Moody's visit to West University Place but rather visit Moody's in New York. Mr. Moreland advised he had prepared a draft of the offering documents which would be distributed for Council's approval during the September 12th regular meeting. After approval the information would be mailed to the rating agencies and the bond insurance companies. Mr. Moreland read the letter to the rating agencies and left copies for Council's review. Mr. Moreland suggested that the regularly scheduled council meeting on October 10, 1988, fell on Columbus Day which is a bank holiday and recommended City Council consider convening in special meeting on October 11. 1988, for the sale of the bonds. He requested City Council consider adopting the calendar of events, which approved the selling date, as presented. on was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council adopt the calendar of events as amended during the discussion, such amendments were stated as follows: 09/29/88 Travel to New York for rating conference; 10/11/88 Special Council meeting for sale of bonds. City Council Workshop Session. September 8. 1988 1 Voting Aye: Voting No: Absent: Mayor Pro Tem Bryan. Councilmembers Bell, Britton. Schwartzel None Mayor Parks Discuss and Consider Amendments to HL&P Franchise The City Attorney distributed copies of a draft ordinance amending the HL&P franchise. Mayor Pro Tem Bryan had a question concerning the release to HL&P. The City Attorney advised that the release clause was narrowed down and not an open ended release. Mayor Pro Tem Bryan suggested the City Attorney review the amendment with Mayor Parks. No action was taken by Council. Discuss and Consider Cable T.V. Franchise Status City Manager. Richard Rockenbaugh. advised Council that there had been some concern expressed on the timing of the negotiations. but it has been confirmed that the City is not pursuing franchise negotiations under the renewal procedures set forth in Section 626 of the Cable Communications Policy Act of 1984. However, the City reserves the right to invoke the Section 626 procedures at any time prior to October 12, which date ends the six month period which begins the 36th month before the franchise expires on April 12, 1991. It is possible that the City may have a new franchise before October 12, 1988. However, if Warner Cable is not agreeable to the franchise, then the City will proceed under the Section 626 provisions. Councilmember Schwartzel recommended that Susan Hodge, City's Counsel for the franchise renegotiation, be scheduled to a workshop session before she meets with the cable company. Mr. Rockenbaugh suggested Ms. Hodge be scheduled for Monday, September 12, after the regular meeting. The City Attorney suggested that, at the second meeting in September, Council might consider a resolution to start the process to renegotiate the cable franchise. City Council agreed to invite Ms. Hodge for a workshop session immediately following the regular council meeting on September 12, 1988. City Council Workshop Session, September 8, 1988 1 r 11"'" Discuss and Consider Academy/Browning Intersection Plan Director of Operations, Curtis Cooper, presented plans for modifications the infrastructure of Browning Street and indicated one correction to the drawings that would be necessary. Councilmember Schwartzel asked if the property owner would convey title if the City abandoned the right-of-way. Mr. Rockenbaugh advised that staff had not approached the home owner with that possibility, but they would. Mr. Rockenbaugh further advised that the cost estimate for the relocation of the infrastructure was $27,000.00 which was not budgeted for the current year. However, there was a possibility the City might be able to get money from Metro under the expanded sales tax revenue agreement if Metro approved the project. If Council concurred with the plans. the next step would be to modify the drawings and advertise for bids. Councilmember Schwartzel recommended city staff pursue fee simple deed to the property in question. Council concurred and agreed to place authorization to advertise for bids on the regular agenda for Monday, September 12. Discuss 1989 Budget Schedule and Calendar Director of Administration, Donna Sims, presented a revised schedule for preparation and adoption of the 1989 budget. Ms. Sims explained that this year the Tax Code required two hearings and additional notices which would provide for adoption of the budget on November 14. City Council discussed the schedule and generally accepted it as presented. Discuss and Consider Award of Medical Insurance Contract Ms. Sims distributed a memo stating staff's recommendation for award of the contract for group health insurance, Ten bids were received but the most beneficial to the City were TML/The Hartford (present carrier) and Health Net. The recommendation included a provision that the City partially self-insure the program utilizing budgeted premiums with claims administered by a third party: Health Net. Actual costs should not exceed presently budgeted amounts and premium costs in excess of budget would be funded through employee deductions. Councilmember Schwartzel questioned the partial self insurance aspect and stressed it was a policy decision that the City may not be able to meet in future years. He requested cost figures per employee with and without dependents. If the Health Net quotes shown were correct, it would appear the cost to the employee would decline. Ms. Sims stated staff1s intent was to assist the employees who have been over burdened with the cost of dependent coverage. City Council Workshop Session. September 8. 1988 1 ~~ Councilmember Schwartzel asked how much of the dependent care cost the City was subsidizing. Ms. Sims said that information was available and would be enclosed Council's packet on Friday. Mayor Pro Tem Bryan recommended the item be placed on the agenda for Monday's regular meeting. Council Comments Councilmember Bell inquired about the letter concerning the basketball goal. Mr. Rockenbaugh advised that staff would give Council their response. Councilmember Schwartzel had questions concerning the Ignash bequest and the mention of matching funds from the City and requested Dave Agerton be invited to the next workshop for an explanation. Councilmember Bell thought the doctor who is making house calls to the senior citizens deserved a thank you letter. Mayor Pro Tem Bryan and Councilmember Bell questioned the amount of municipal fines collected. Mr. Rockenbaugh suggested the Chief of Police address the issue during the budget session. Councilmember Bell asked the status of the house on Community Drive that is classified as a hazardous building. Mr. Rockenbaugh reported that the court denied the attorney's request to hire a private investigator to try to locate the owner. The next step is to sell the house in public auction. The City Attorney is pursuing the matter in the courts. Staff Report Mr. Rockenbaugh advised that the representative from Saintes, France would visit with City Council on September 12, 1988, at 9:00 a.m., to discuss a sister city relationship. Mr. Rockenbaugh distributed a draft of Monday's regular agenda for Council's review. Adjournment With no further business to come before Council at this time, Mayor Pro Tem Bryan declared the workshop session adjourned at 10:15 p.m. City Council Workshop Session, September 8, 1988 1 ~f 1 r n REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 12, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday. September 12, 1988. with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bel', Britton and Schwartzel. Also present were the City Manager. City Secretary. City Attorney and the Director of Operations. Mayor Pro Tem Bryan delivered the invocation and led the Allegiance to the Flag. INTRODUCTION OF NEW PERSONNEL: Superintendent of Utilities. R. E. Simpson, introduced Rod Hainey who began employment with the City on September 1, 1988. as Utilities Supervisor. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Schwartzel requested agenda item No. 20, GROUP HEALTH INSURANCE, be removed from the consent agenda. Councilmember Bell requested agenda item No. 18, MANHOI E REPI ACEMENT AT WESI AYAN 11FT STATION. considered separately. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that with the exception of items 18 and 20, the consent agenda be approved in accordance with staff recommendation. Votlng Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell. Britton. Schwartzel None None 1988 BOND ISSUE: Consideration was given to approval of the Offering Documents for the sale of the 1988 bonds, authorization to advertise the bonds for sale, and publication of intent to issue the bonds. Marvin Moreland~ City's Financial Advisor~ presented the draft of the Offering Documents which, if approved, will be mailed to Regular City Council Meeting, September 12, 1988 .. 1" 1"0 the bond rating agencies. Mr. Moreland explained it is customary to send a draft. The rating agencies want to see the draft and realize changes will be made. Mr. Moreland suggested City Council might accept the draft subject to amendments. Motion was made by Councilmember Britton, seconded by Council- member Bryan, that City Council accept the draft subject to the consent of City Council. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ORDINANCE RELATING TO STREET DESIGN AND TRAFFIC CONTROL: Consideration was given to the second and final reading of Ordinance Number 1325. Mayor Parks read the caption, as follows: ORDINANCE NUMBER 1325 AN ORDINANCE RELATING TO STREET DESIGN AND TRAFFIC CONTROL; PROVIDING FOR INSTALLATION AND MAINTENANCE OF CERTAIN STREET AMENITIES AND TRAFFIC DIVERSION DEVICES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Copies of Ordinance Number 1325, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Ordinance Number 1325 be adopted on second and final reading as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None AMENDMENT TO THE FENCE ORDINANCE: Consideration was given to the second and final reading of Ordinance Number 1326. Mayor Parks read the caption, as follows: ORDINANCE NUMBER 1326 AN ORDINANCE RELATING TO FENCES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE TO PROVIDE FOR HOUSE PROJECTIONS AND GATES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. "1 ...~" J 'In " ",.... ., Regular City Council Meeting, September 12, 1988 Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Ordinance Number 1326 be adopted on second reading as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell Councilmembers Britton, Schwartzel None HOUSTON-TENNECO MARATHON: Consideration was given to the request by the Houston-Tenneco Marathon Committee to use University Blvd. and Weslayan for the marathon to be held on Sunday, January 15, 1989. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell. that City Council grant permission for use of the streets subject to submission of all necessary documentation as provided in prior years. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell, Britton, Schwartzel None None SUBMISSION OF 1988 APPRAISAL ROLL: Consideration was given to the 1988 Appraisal Roll information submitted by the Tax Assessor Co 11 ector. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council receive for filing the 1988 Appraisal Roll as submitted. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell. Britton, Schwartzel None None APPOINTMENT OF CITY'S REPRESENTATIVE TO CALCULATE AND PUBLISH THE EFFECTIVE AND ROLLBACK TAX RATES: Consideration was given to appointing Donna L. Sims, Tax Assessor Collector, as the City's representative to perform the calculation and publishing of the effective and rollback tax rates. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell. that Donna L. Sims, Tax Assessor Collector, be appointed to perform the calculation and publishing of the effective and rollback tax rates. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None RE-ROOF FIRE DEPARTMENT AND LIBRARY BUILDING: Consideration was given to staff's recommendation for the following: Regular City Council Meeting, September 12, 1988 1 (a) to re-advertise for bids to re-roof the Fire Department; (b) to authorize advertising for bids to re-roof the Library Building. Staff's recommendation was to re-bid the project to re-roof the Fire Department. The second low bidder was not able to fulfill the contract requirements and provide sufficient insurance. Staff further recommended re-roofing the Library Building be included in the authorization to advertise for bids. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council authorize advertising for bids for the projects as requested. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell. Britton, Schwartzel None None BALLOT FOR TEXAS MUNICIPAL LEAGUE SELF-INSURANCE FUNDS BOARD OF TRUSTEES: Consideration was given to casting the City's vote for the representatives to the TML Self-Insurance Board of Trustees. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council accept staff's recommendation and vote for the following representatives: Voting Aye: John Ross, David Regan, Nora Chavez, and Dick Brown. Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None AU1HORIZATION TO ADVERTISE FOR BIDS: Consideration was given to authorize advertising for bids for the following: (a) to purchase refuse bags; (b) construction for modifications to Browning Street Infrastructure. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council authorize staff to advertise for bids for the purchase of refuse bags and for the construction of the modifications to Browning Street. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Regular City Council Meeting, September 12. 1988 1 n PURCHASE OF GASOLINE POWERED. PORTABLE AIR COMPRESSOR: Consideration was given to the recommendation for award of contract to purchase one 1988 gasoline powered, 150 p.s.i. portable air compressor. Staff1s recommendation was to award the contract to Clemtex Inc., in the amount of $8,656.00. Clemtex Inc., was the only bidder, however. their specifications were determined to be suitable for the City1s application. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell. that City Council accept staff's recommendation and award the contract to Clemtex Inc., at their bid price of $8,656.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None 1976 BOND PAYMENT: Consideration was given to the invoice in the amount of $12,625.00 submitted by First City National Bank of Houston for the semi-annual payment due on the City1s 1976 General Obligation Bonds. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell. that the invoice in the amount of $12,625.00 be approved for payment to First City National Bank of Houston. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell. Britton, Schwartzel None None HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the invoice in the amount of $8,648.00 submitted by the Harris County Appraisal District for final payment due in 1988. Motion was made by Councilmember Schwartzel. seconded by Councilmember Bell, that the invoice in the amount of $8,648.00 be approved for payment to the Harris County Appraisal District. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None PRIORITY AREA 1. PHASE 2. SANITARY SEWER RENOVATION. WEST UNIVERSITY FIRST SUBDIVISION: Consideration was given to Monthly Estimate No.8 in the amount of $11,678.30 submitted by Jamcom Construction Co., Inc., for work performed through August 31, 1988 on the sanitary sewer renovation project. Regular City Council Meeting, September 12, 1988 1 n Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Monthly Estimate No.8 in the amount of $11,678.30 be approved for payment to Jamcom Construction Co., Inc. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: MANHOLE REPLACEMENT AT WESLAYAN LIFT STATION: Consideration was given to Monthly Estimate No. 1 and FINAL in the amount of $61,000.00 submitted by Tidal Construction, Inc., in connection with the manhole replacement at Weslayan Lift Station. Councilmember Bell reported a sink hole became apparent over the weekend and he wanted to be sure the year's warranty in the contract would be sufficient protection for the City. Superintendent of Utilities, R. E. Simpson, responded that staff found the hole, an area sinking between the two driveways. During replacement procedures, it was found that the old line was always surcharged. Now, by relieving the line of that surcharge with the new line, the old line may have a broken joint in that section allowing the earth to settle down. City staff should be able to handle this type of problem. The City does have a year's warranty of the contract but this is a subsequent problem to the construction or replacement of the manhole. Mr. Simpson stated he did not think the sinking was related to the construction, however, he would monitor the situation very closely. Councilmember Bell inquired if the City would consider abandoning the easement and revert that portion back to the property owner. City's Consulting Engineer. Dieter Ufer, was acknowledged and cautioned the City to not give up that easement. If ever the City needed to do something to that sewer line, the City will need that easement. Mr. Ufer recommended that the easement be retained for maintenance and operations. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Monthly Estimate No.1 and FINAL in the amount of $61,000.00 be approved for payment to Tidal Construction, Inc. Voting Aye: Mayor Parks, Councilmembers Bryan. Bell, Britton. Schwartzel None None Voting No: Absent: REPAIR OF WATER WELL #9: Consideration was given to the following items submitted in connection with the contract to repair Water Well #9: 1 Regular City Council Meeting, September 12, 1988 (a) Monthly Estimate No. 2 and FINAL in the amount of $11,804.80 submitted by Layne-Western Company. Inc; (b) Change Order No.3 and FINAL (c) Issuance of Certificate of Acceptance Motion was made by Councilmember Schwartzel. seconded by Councilmember Bell. that City Council authorize and approve the items to Layne-Western Company, Inc.. as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell. Britton, Schwartzel None None GROUP HEALTH INSURANCE: Consideration was given to the recommendation for award of group health. life, dental and weekly disability income insurance for city employees. Motion was made by Councilmember Schwartzel, seconded by Councilmember Britton, that Council table the group health insurance item until Council has the opportunity to discuss employee benefits during a workshop session. Voting Aye: Voting No: Absent: Mayor Parks. Councilmembers Bryan, Bell, Britton. Schwartzel None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,987.67 for legal services provided on the City's behalf for the month of August 1988. Motion was made by Councilmember Schwartzel. seconded by Councilmember Bell, that the invoice in the amount of $4,987.67 be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton. Schwartzel None None ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration was given to invoices totaling $6,361.07 submitted by Langford Engineering, Inc.. for various utility projects. as follows: (a) Invoice No. 5599 in the amount of $1,370.81 for Study to Fully Automate Wakeforest Water Plant; (b) Invoice No. 5596 in the amount of $4,345.72 for Phase 2, Priority Area No.1, Sanitary Sewer, West University 1st Subdivision; Regular City Council Meeting, September 12, 1988 1 .... (c) Invoice No. 5597 in the amount of $231. 60 for Water Line Replacement, priority Area No. 7 , Co 11 ege Court Subdivision; (d) Invoice No. 5598 in the amount of $412.94 for Repair to Water Well No.9 Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None COUNCIL COMMENTS: Councilmember Bryan suggested Animal Control Officer Brady be given special acknowledgement for his performance beyond the call of duty to dig a dead dog out from under a resident's house. Councilmember Schwartzel reported a citizen request that the pool hours on Sunday be extended by an earlier opening and requested staff's recommendation. STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council's consideration at this time. CITY COUNCIL MEETING MINUTES: Minutes of the City Council meetings were presented, as follows: (a) City Council Workshop Session. August 18, 1988; (b) City Council Regular Session, August 22, 1988. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton. Schwartzel None None ADJOURNMENT: With no further business to come before Council at this time. motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that the meeting adjourn. Such motion carried and the meeting adjourned at 7:52 p.m. Regular City Council Meeting. September 12, 1988 1 n 1 CITY COUNCIL WORKSHOP AGENDA MONDAY, SEPTEMBER 12, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. IMMEDIATELY FOLLOWING THE REGULAR SESSION APPROXIMATELY 8:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, September 12, 1988. with the following members present: Mayor Parks, presiding; Councilmembers Bryan. Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration and the Director of Operations. Hearing of Residents: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. Discuss and Consider Cable Franchise NeQotiations Susan Hodge, City's Counsel for negotiations with Warner Cable, reviewed the proposed renewal of the Cable TV Franchise. Among other items included in the new franchise, rebuilding the system was considered the most significant. The franchise proposed an increase of the franchise fee to 5% payable quarterly. The Ci IS current franchise carries a 3% franchise fee payable annually. The term of the new franchise will be for 15 years. Ms. Hodge would request an added government section and government access channel for the City's use. A senior citizen discount on ic service was included. Also included was the provision that any service available to Houston must be provided to West University Place and this provision carried a penalty clause for incomplete service. There was a clause which would require Warner Cable to submit a complaint report upon request from the City. Councilmember Schwartzel requested Ms. Hodge ask that the remote control mechanism be made available for sale or lease. If Warner does not agree to sell the remote controls. he suggested Ms. Hodge negotiate for some relief to the cable user. Council- member Schwartzel also suggested increasing the fine for incomplete service and index it to the inflation rate. City Council agreed with the negotiations as presented. City Council Workshop Session. September 12, 1988 ., n Discuss Article for Publicatior, Discussion was held with Dave Agerton concerning the press release relative to the David Ignash bequest to the Friends of West University Parks Fund. City Council agreed that if the press release met with Mr. Ignashls approval. Mr. Agerton could proceed. Adjournment: With no further business to come before Council at this time, Mayor Parks declared the meeting adjourned at 9:50 p.m. ,{ , , ", '- \ # II Iff Audrey Nichols' City Secretary 1 n SPECIAL CITY COUNCIL MEETING MONDAY, SEPTEMBER 12, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 9:00 A.M. City Council convened in special session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, September 12, 1988, 9:00 a.m., with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Britton and Schwartzel. Councilmember Bell was absent. Also present were the City Manager and the City Secretary. Discussion was held with Monsieur P. Baumann concerning a sister city relationship between Saintes, France and West University Place. Mutual interests were presented, Mayor Parks recommended that City Council discuss the matter further and if the project is agreeable to all parties, the City would adopt a resolution formally establishing the sister city relationship. Thereafter, City Council would appoint a committee to coordinate the exchange of cultural and educational information as well as trade products. Councilmember Britton left at 11:28 a.m. There being no further business to come before City Council at this time, Mayor Parks declared the special session adjourned at 12:00 noon. Mayor 1 r CITY COUNCIL WORKSHOP SESSION THURSDAY, SEPTEMBER 22. 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room. 3800 University Boulevard. in the City of West University Place, on Thursday, September 22, 1988. with the following members present: Mayor Parks, presiding; Counc;lmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, Director of Administration, Director of Operations and the Chief of Police. Hearing of Residents: There were none present who wished to speak. Discussion with P. J. Lionetti, City's representative to the Metro Board of Directors: Ms. Lionetti reported on Metrols action concerning the widening of Westpark from Edloe to Kirby and left a copy of Metro's traffic report for Council IS review. City Council asked several questions and held a general discussion with reference to Metrols future plans. Discuss Proposed New Construction Fee for Parks Fund Revenue: This item was removed from the agenda at the request of the presenter. Discuss Charter Committee Report: City Council was given a status report and discussed the Charter Committeels scheduling of a public hearing. It was agreed that the Charter Review Committee members be invited to a workshop session to discuss their report before scheduling a public hearing. Discuss and Consider Group Medical Insurance: Mr. Ashley Brown, representing Health Net, discussed the proposal submitted to city staff. Mr. Brown explained that Health Net was a Preferred Provider Organization which offered medical benefits. The plan is designed so that an employee or his/her dependent may choose to go to a doctor who is not part of Health Net then the claims are paid on a 80% - 20% basis. If, however, the employee or dependent chooses a doctor listed with the PPO, the claims are paid on a 90% - 10% basis. The doctors in the system are limited to a maximum fee schedule. The maximum fee schedule is closely monitored so that the doctors may not abuse the schedule. City Council Workshop Session, September 22, 1988 ..0 ..' .. ~.. Councilmember Schwartzel asked what is the maximum exposure for the City under the plan. Mr. Ashley responded that in the worst case, for 125 employees and over 300 dependents, the cost would be $338,906.00. Donna Sims, Director of Administration, explained that the $338,906.00 figure included short term disability which staff was not suggesting the City pay. The employee would pay for that at his or her option. If the worst case does not happen, the city would have money left in the fund, plus earned interest, at the end of the year which could be used to reduce the next year's premiums. Councilmember Bryan asked what other cities funded the cost of dependent coverage. Mr. Ashley replied that cities varied, but the nonn seemed to be that the employer pays for the employees and dependent costs are funded in part by the employee. Mr. Ashley left the workshop session after the discussion with him concluded. Mayor Parks suggested City Council was at a philosophical point and needed to discuss how much of dependent coverage the city was able to fund. Councilmember Schwartzel recommended Council consider that if they chose to fund dependent coverage, it may determine employee benefits in other areas. After discussion, the general consensus of Council was that some portion of dependent coverage be funded by the employee and the remainder be funded by the City. Motion was made by Mayor Parks, seconded by Councilmember Bryan, that City Council accept the Health Net proposal for group health, life, dental and weekly disability income insurance for city employees; dependent cost paid by the employee is to be charged at the rate of $125.00 per month. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Discuss Bond Rating Agency Visit: City Manager, Richard Rockenbaugh, distributed an agenda for Tuesday, September 27, 1988, for the visit from Standard I Poor's. The agenda was discussed and generally agreed to by Council. .., r ..~~. I 'fll .....~. B:..L,. II l.~ _. l. 1 ~\\y Council Workshop Session, September 22. 1988 .. . Discuss and Consider Texas Municipal League Reception: Mayor Parks asked for the consensus of Council concerning a proposed reception for the small cities surrounding Houston who will, in the future, be purchasing surface water from Houston. His thought was to invite the members of the Texas Water Commission to the reception. After discussion, it was decided to wait until a more appropriate time to host the reception. Discuss Sister City Relationship: After discussion of the Sister City relationship project with Saintes, France, City Council agreed to adopt a resolution establishing the Sister City relationship, to name priorities and appoint a committee to study the most beneficial areas to develop. Consideration of Property Acquisition: City Council chose to remain in open session for the discussion. The owners of the JMH Store had accepted the City's offer. At this time, however, Mayor Parks recommended he further investigate the issue with the property owners and report back at another time. Council Comments: Councilmember Bryan asked the status of the Contractor's Letter. Director of Operation, Curtis Cooper. reported that the letter was still being improved upon and would soon be implemented. Councilmember Bell expressed his concerns relative to the additional parking lot under construction for the Baptist Church. Staff will check with the Chief Building Inspector concerning the lot. Staff Report: Mr. Rockenbaugh advised Council that the budget would be distributed to them on Monday, September 26. 1988 at the regular council meeting. Also, Marvin Moreland, City's financial advisor, would be at that meeting to discuss the bond rating agency visit in New York. Mr. Rockenbaugh suggested Mr. Moreland be scheduled immediately after the regular meeting. Adjournment: With no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 10:37 p.m. City Council Workshop Session, September 22, 1988 1r0 1 r REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 26, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber. 3800 University Boulevard, in the City of West University Place. on Monday, September 26, 1988. with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, City Attorney. Director of Administration, Director of Operations, and the Chief of Police. Councilmember Britton delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Bill Fernau, 3817 Southwestern, expressed his concerns relative to a chemical used as a concrete curative. A house is under construction next door to him and when the contractor poured the driveway he used a chemical to cure the concrete. The chemical emitted such strong fumes that Mr. Fernau called the Fire Department. Mr. Fernau stated the Fire Department recommended he evacuate his home. Mr. Fernau brought the matter to Council's attention so they would be aware that a problem might exist. This particular situation was being handled by the Fire Department and apparently a resolution would be reached. Mayor Pay'ks asked if this were a standard product and Mr. Fernau said that it was. City Manager. Richard Rockenbaugh, stated staff would investigate the s ituati on. Mayor Parks thanked Mr. Fernau for bringing the matter attention of City Council and recommended staff follow up with a letter to the home builder. The Mayor further suggested that the next time a driveway is poured, the Chief Building Inspector might call the Harris County Pollution Control to witness the pour and the curing procedure. Mr. Fernau had another item he wished to address. The building si s on both sides of him are pouring driveways. Both have a grade which will drain onto his property. The Chief Building Inspector checked the grade of one driveway and felt the drainage to Mr. Fernau's property would be slight. However, it rained shortly after the Building Inspector had been to his house, and a portion both driveways drained onto his property. Mr. Fernau did some research of the City1s codes and apparently fou no code relative to drainage. However, his grade is substantially lower. ular City Council Meeting. September 26, 1988 11 r" Mr. Fernau cited a state law which states that no person may divert water to flow to another's property. City Manager. Richard Rockenbaugh, advised that drainage was addressed in the building code relative to back drainage but not 5i drainage. The City Attorney explained that staff looked at the State law with the Inspection Division and what the law does is give Mr. Fernau private cause of action against his neighbor. If these situations are present, the neighbors may be liable to him. Mayor Parks recommended Mr. Fernau write a letter to the construction contractor and advise the contractor that he intended to enforce his rights under the law. It was further recommended a copy of the letter be sent to the homeowner. Mayor Parks suggested staff begin investigating the City's need to develop regulations relative to side drainage situations. CITIZEN RESPONSE TO AGENDA ITEMS: Mr. Alan Gerger, 3615 Corondo Court, wished to address Agenda Item No.9, PHASE 2, PRIORITY AREA 1 SANITARY SEWER RENOVATION. Mr. Gerger stated he had been working to reach an agreement with the contractor on this project. Mr. Gerger's fence was damaged by the contractor in the course of replacing the sanitary sewer line in his neighborhood. Jamcom Construction Inc., had replaced the fence, but not to Mr. Gerger's satisfaction. After another attempt to replace the fence, which was not to Mr. Gerger's satisfaction, Mr. Gerger and Jamcom reached a monetary agreement. Mr. Gerger was concerned that if City Council approved payment of Monthly Estimate No.9, and Jamcom did not pay the agreed upon amount, then he would have no recourse. City Manager, Richard Rockenbaugh. advised that the City retains $1,000 of the contract amount for the reason of Mr. Gerger's fence. Mr. Gerger stated that Jamcom told him they would pay him on Monday but Mr. Gerger asked, if Jamcom does not pay, who should he contact. Mayor Parks advised Mr. Gerger to contact the City Manager on Tuesday morning if he does not receive his money. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel. seconded by Councilmember Bell. that the consent agenda be approved in accordance with staff recommendation. Regular City Council Meeting, September 26, 1988 1 r Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None PROCLAMATION: Mayor Parks presented and read a Proclamation designating September 26, 1988, as Aubry Blanchard Fisk, Sr., Day in recognition of his 35 years of service on the Electrical Board. REPAIRS TO WATER WELL #8 ELECTRIC STARTER: Consideration was given to authorizing emergency repairs to the electric starter at Water Well #8. Motion was made be Councilmember Schwartzel, seconded by Councilmember Bell, that City Council authorize the emergency repairs to Water Well #8 electric starter. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None PURCHASE OF LIMB TUCK - REAR LOADER: Consideration was given to the invoice in the amount of $47,298.00 submitted by Bayou City Ford Truck Sales, Inc., for delivery of the limb truck to the Solid Waste Division. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that the invoice in the amount of $47,298.00 be approved for payment to Bayou City Ford Truck Sales, Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None CLEANING AND T.V. INSPECTION OF STORM DRAIN LINE - RICE BLVD: Consideration was given to the invoice in the amount of $7,199.00 submitted by Insituform Gulf South, Inc., for completion of the storm drain inspection and cleaning project. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council approved for payment the invoice in the amount of $7,199.00 submitted by Insituform Gulf South, Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Regular City Council Meeting, September 26, 1988 1(1'"'""'1 PHASE 2 PRIORITY AREA 1 SANITARY SEWER RENOVATION: Consideration was given to the following items submitted in connection with the Sanitary Sewer Renovation Project contract with Jamcom Construction Co., Inc: (a) Monthly Estimate No.9 in the amount of $59,861.41 for work performed through September 14, 1988; (b) Changer Order No.3 and FINAL; (c) Issuance of Certificate of Acceptance. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council approve and authorize the items for Jamcom Construction Co., Inc., as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None COUNCIL COMMENTS: Councilmember Bell asked the status of Mr. Segal's concern which he wrote to City Council. The City Manager advised that Mr. Segal had been responded to and that the situation had been remedied. STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council IS consideration at this time. CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of City Council meetings, as follows: (a) City Council Workshop Session, September 8, 1988; ( b) City Council Special Session, 9:00 a.m., September 12, 1988; ( c) City Counci-I Regular Session, 7:30p.m., September 12, 1988; (d) City Council Workshop Session, 8:00 p.m., September 12, 1988. Councilmember Schwartzel offered the following corrections to the minutes of September 8, 1988: Discuss and Consider Award of Medical Insurance Contract. Page 3, second paragraph, to read as follows: "Councilmember Schwartzel questioned the liability cap on the partial self insurance aspect and stressed ~t that subsidization of dependent care cost was a policy decision that tAe G4ty ffiay Rat ~e as+e te ffieet miqht create problems in future years. He requested cost figures per employee with and without dependents. If the Health Net quotes shown were Regular City Council Meeting, September 26, 1988 1rn correct, it would appear the cost to the employee would decline without subsidization." City Attorney, James L. Dougherty, Jr., offered the following correction to minutes of September 8, 1988: Discuss and Consider Cable T.V. Franchise Status, Page 2, last sentence, first paragraph, be amended to read: "However, if Warner Cable is not agreeable to the franchise, then the City.w~++ m~qht proceed under the Section 626 provlslons. Councilmember Schwartzel offered the following correction to the minutes of September 12, 1988, Workshop Session: Discuss and Consider Cable Franchi~e Negotiations, Page 1, second paragraph, last sentence: Councilmember Schwartzel also suggested increasing the ftAe damaqe for incomplete service and tA6e* perhaps escalatinq it to the inflation rate." Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the minutes of the meetings on September 8, 1988, and September 12, 1988, Workshop, be approved as corrected; the minutes of Special Session, September 12, 1988, and the Regular Session, September 12, 1988, be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ADJOURNMENT: With no further business to come before City Council at this time, Mayor Parks declared the Regular Session adjourned at 8: 10 p.m. Councilmember Schwartzel left at this time. Immediately following the regular session, members of City Council met informally with Marvin Moreland, City Financial Advisor for the 1988 Bond Sale, who provided Council the opportunity to review and make corrections to the draft of the official offering documents. Copies of the document were to be mailed to the bond rating agencies in New York. The agenda for the trip to Moody's Investor's Service on Friday, September 30, 1988, was discussed In attendance were Mayor Parks, Councilmembers Bryan, Bell and Britton. City staff present were the City Manager, Director of Administration and the City Secretary. Regular City Council Meeting, September 26, 1988 1 City Council also reviewed the agenda for the visit with Standard & Poorls Rating Agency who would arrive on Tuesday, September 27, 1988, for a tour of the City. Members of City Council adjourned at 9:20 p.m. ~ 1P CITY COUNCIL WORKSHOP SESSION WEDNESDAY, OCTOBER 5, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Wednesday, October 5, 1988. with the following members present: Mayor Parks, presiding; Councilmembers Bell, Britton and Schwartzel. Councilmembers Bryan and Britton arrived at 7:30 p.m. Also present were the City Manager, Director of Administration, Director of Operations and Chief of Police. Hearing of Residents: There were none present who wished to speak. Review and Discuss the Proposed 1989 Budget: A general discussion was held relative to the proposed 1989 budget. No action was taken by City Council. Councilmember Bryan left at 10:30 p.m. Council Comments: No member of Council offered comments at this time. Staff Report City Manager, Richard Rockenbaugh, had nothing further for Council IS consideration at this time. Adjournment With no further business to come before declared the workshop session adjourned Mayor Parks 1 4 CITY COUNCIL WORKSHOP SESSION THURSDAY, OCTOBER 6, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, October 6, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, Director of Administration and the Director of Operations. Hearing of Residents: There were none present who wished to speak. Discuss Proposed New Construction Fee for Parks Fund Revenue: Mark Spradling Mark Spradling proposed City Council consider enacting a fee based on the cost of building permits and have that money dedicated to the acquisition and expansion of parks. He suggested the easiest way to administer the fee might be to collect it when a permit is pulled by charging a percentage of the permit fee. Mr. Spradling proposed the fee apply to all permits. The fee may be established by ordinance, however, in his role as a member of the Charter Review Committee, Mr. Spradling suggested the fee might be included in the charter amendments. Whatever Council should decide about the Charter, Mr. Spradling urged them to consider going ahead and enacting the ordinance. The Charter Review Committee is reluctant to recommend the charter be changed unless City Council can support such an amendment. The City Attorney explained the charge would be considered an impact fee. Councilmember Bryan asked if the fee would be on all permits. Mark Spradling responded that it was City Council's decision and, at their option, they could exempt any permit item. Mayor Parks asked for comments from Council. Councilmember Britton felt the City could support parks within the general budget but he was concerned with establishing a specific tax. Councilmember Bell was in favor of the fee and, at the same time, agreed parks could be funded in the general fund budget. Councilmember Bell expressed his preference to establish the by ordinance rather than with a charter amendment. 8_1.:.. II: I .. ..:.. I.. . "1 ,.. C"1 City Council Workshop Session, October 6, 1988 Counci1member Bryan stated she was in favor of the fee and also preferred the fee be established by ordinance. An ordinance would allow more flexibility than a charter amendment. Counci1member Schwartze1 thought parks should be supported in the general budget, however, often parks are the items that are cut in the budgetary process. Councilmember Schwartzel stated he would support an ordinance if it were written so that the funds are ear marked for acquisition of parks and not for the parks operating budget. Mayor Parks advised Mr. Spradling that the consensus of City Council was that they would support an ordinance to establish the parks fund, but would not support it as a charter amendment. Discuss Parks Board Requests: Russ Schulze Mr. Schulze addressed Council to report on improvements to Colonial Park. Mr. Schulze turned the presentation over to Dave Agerton. Mr. Agerton reviewed the plans for Colonial Park and asked Council to consider interviewing a professional park planner. Mr. Agerton urged Council consider authorization to begin work on Colonial Park improvements by the middle of October. Mr. Agerton requested Council consider spending $6,000 for Colonial Park improvements out of the 1988 budget and budgeting $6,000 in 1989 for the same purpose. He further recommended the expenditure of $6,000 in 1988 for other parks and budgeting $24,000 in 1989. The latter amount would include a master parks plan. City Council generally agreed to interview the professional park planner and then consider the budgetary question. It was also agreed that the Colonial Park improvements be scheduled for some later date than mid-October to allow City Council time to review the issue. Mr. Schulze reported that the residents in the 3700 block of Rice had reduced their requests to long term and short term goals. The Rice residents want the batting cage moved as soon as possible and the Parks Board recommended that Council do so as soon as possible. Cost of moving the batting cage is estimated at $900.00. Mr. Schulze suggested that for $1500 to $1800, the batting cage could be relocated and a concrete slab installed. Counc11member Schwartzel recommended staff and the members of the Parks Board develop a total policy on the use of that park and the sharing of the fields. After discussion, Mayor Parks advised Mr. Schulze to develop an overall park policy and report back to Council. City Council Workshop Session. October 6. 1988 ,\1"~ Review and Discuss the Proposed 1989 Budget Mayor Parks suggested that each member of Council express their key issues relative to the proposed budget and staff would work these issues into the budget for review at the next workshop session. Members of Council concurred and each presented the issues to be considered. Council Comments No member of City Council had anything further for discussion. Staff Report City Manager. Richard Rockenbaugh. distributed the draft agenda for Council's review. It was agreed to set the time of the regular October 10. 1988. meeting for 7:00 p.m. and to interview the professional park planner immediately following that session. Adjournment There being no further business to come before Council at this time. Mayor Parks declared the workshop session adjourned at 9:50 p.m. lJ~11 Mayor 1 r 01" j" 1 UI ~rl':". ., r REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 10,1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in regular session in the City Hall Council Chamber~ 3800 University Boulevard, in the City of West University Place, on Monday~ October 10, 1988, with the following members present: Mayor Pro Tern Bryan~ presiding; Councilmembers Bell, Britton and Schwartzel. Mayor Parks was absent. Also present were the City Manager, City Secretary, Director of Operations, and the Chief of Police. Councilmember Schwartzel delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Pro Tern invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Pro Tern Bryan invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Britton, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks RESOLUTION ESTABLISHING SISTER CITY RELATIONSHIP: Mayor Pro Tern Bryan presented and read the following: RESOLUTION NUMBER 88-09 WEST UNIVERSITY PLACE, TEXAS AND SA.! NTES, FRANCE SISTER CITIES Regular City Council Meeting, October 10, 1988 ';1t"... WHEREAS, Sister Cities are committed to providing an active and positive role in international relations for the citizens of their communities; and WHEREAS, the common goals of the citizens of West University Place and Saintes, France, transcend dividing lines of language, customs, political philosophy and geography; and WHEREAS, a link between West University Place and Saintes, France, can provide significant channels of communication between the people of our two cities; and WHEREAS, active participation in economic, educational and cultural exchanges between the citizens of West University Place and the citizens of Saintes, France, offers opportunities for international understanding; and WHEREAS, there is a great interest in and support for fonning a sister city relationship between our two cities. NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the establishment of a sister city relationship between the City of West University Place and the City of Saintes, France, is hereby authorized. Section 2. That the City Council shall encourage and support communications and activities to promote and coordinate the sister city relationship to the mutual benefit of both cities. Section 3. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 5. The City Council officially finds, detennines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings 0' 0'_:0 I -n 0:1 ::II Regular City Council Meeting, October 10, 1988 if'n Law. TEX. REV. CIV. STAT. ANN. art. 6252-17. as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies. approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this the , 1988. day of Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: Michael L. Parks. Mayor ATTEST: Audrey Nichols Ci ty Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Sell, seconded by Councilmember Britton. that Resolution Number 88-09 be adopted as read. Voting Aye: Mayor Pro Tem Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks Voting No: Absent: PRIORITY AREA 2. SANITARY SEWER RENOVATION. COLLEGE COURT SUBDIVISION: Consideration was given to Monthly Estimate No. 1 in the amount of $58,458.73 submitted by Bearden Contracting Co., Inc., for work performed through September 30, 1988, on the sanitary sewer renovation project. Motion was made by Councilmember Schwartzel, seconded by Councilmember Britton that Monthly Estimate in the amount of $58,458.73 submitted by Bearden Contracting Co., Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks Regular City Council Meeting, October 10, 1988 1~~ LEGAL SERVICES: Consideration was given to the invoice in the amount of $5,281.36 submitted for legal services provided on the City's behalf for the month of September 1988. Motion was made by Councilmember Schwartzel, seconded by Councilmember Britton, that the invoice for legal services be approved for payment in the amount specified. Voting Aye: Mayor Pro Tern Bryan, Councilmembers Bell. Britton, Schwartzel None Mayor Parks Voting No: Absent: COUNCIL COMMENTS: No member of City Council had items to be brought forward at this time. STAFF REPORT: City Manager, Richard Rockenbaugh. had nothing further for Council's consideration. CITY COUNCIL MEETING MINUTES: Consideration was given to the City Council minutes of the following meetings: (a) City Council Workshop Session, September 22, 1988; (b) City Council Regular Session, September 26, 1988; (c) City Council Workshop Session, October 5, 1988. Motion was made by Councilmember Bell, seconded by Councilmember Britton, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks ADJOURNMENT: With no further business to come before City Council, Mayor Pro Tern Bryan adjourned the meeting at 7:20 p.m. 1 CITY COUNCIL WORKSHOP SESSION MONDAY, OCTOBER 10, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in workshop session in the City Hall Conference Room~ 3800 University Boulevard, in the City of West University Place, on Monday, October 10, 1988, immediately following the regular session, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, Director of Administration, and the Director of Operations. Hearing of Residents: There were none present who wished to speak. Interview Professional Parks Planner: City Council interviewed Charles R. Tapley, professional parks planner with the firm of Tapley-Lunow Architects, to discuss a proposal for a master parks plan. Mr. Tapley offered to assist in determining the future park needs and to bring forward a master parks plan which would include specific recommendations for Colonial Park. City Council agreed to consider the master park plan in the budgetary process for 1989. Review and Discuss the Proposed 1989 Budget: City Manager, Richard Rockenbaugh, discussed the analysis of the amended budget. The amendments were based on issues raised by City Council during prior budget workshops. City Council discussed proposed revenues and expenditures and considered employee merit increases and vesting requirements. The proposed budget~ as amended, was generally acceptable to Council at this time. Council Comments: Councilmember Bryan suggested Vickie Hamley, Chairman of the Historical Committee, be contacted to determine the status of their project. Staff Report: City Manager, Richard Rockenbaugh, had nothing further for Council's consideration. City Council Workshop Session, October 10, 1988 1 ~ Adjournment With no further business to come before City Council at this time, the meeting adjourned at 10:07 p.m. "'I\""<0 SPECIAL CITY COUNCIL MEETING TUESDAY, OCTOBER II, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in special session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Tuesday, October II, 1988, with the following members present: Mayor Pro Tem Bryan, presiding; Councilmembers Bell, Britton and Schwartzel. Mayor Parks was absent. Also present were the City Manager, City Secretary, Director of Administration and the Director of Operations. HEARING OF RESIDENTS: Mayor Pro Tern Bryan invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. ORDINANCE AUTHORIZING ISSUANCE OF $7.000.000 PUBLIC IMPROVEMENT BONDS: Mayor Pro Tern Bryan called on Marvin Moreland, City1s Financial Advisor, for the bond bid opening. Mr. Moreland opened the six bids and read the following: Bidder Effective Interest Interest Maturity Coupon Cost Rate 1990-1999 9.00% GIC $6618500.00 7.40324 2000-2008 7.00% Prem/Di sCn- NIC $6618500.00 1990-1999 8.50% GIC $6540456.25 7.314902 2000 7.00% Pre/Dis$ 934.00 2001 7.10% NIC $6539522.25 2002 7.20% 2003 7.25% 2004 7.30% 2005 7.35% 2006 7 .40% 2007-2008 6.50% 1990 7.00% GIC $6599950.00 7.382494 1991 8.90% Prem/Dic-u- 7.382494 1992-1998 9.00% NIC $6599950.00 1999 8.60% 2000-2008 7.00% Clayton Brown & Assoc. MBank NCNB Texas Special City Council Meeting, October II, 1988 Bidder Prudential Bache Lovett Mitchell Webb & Garrison Shearson Lehman 1-. Effective Interest Interest Maturity Coupon Cost Rate 1990-199 8.501 GIC $6538700.00 7.3139 2000 7.001 Prem/Disc--- 2001 7.101 NIC $6538700.00 2002 7.201 2003 7.351 2004 7.351 2005 7.401 2006 7.251 2007-2008 6.501 1990-1998 8.751 GIC $6536493.75 7.311514 1999 6.901 Prem/Disc--- 2000-2001 7.001 NIC $6536493.75 2002 7.101 2003-2004 7.251 2005-2006 7.301 2007-2008 6.751 1990-1998 8.501 GIC $6653825.00 7.4427572 19991 8.251 Prem/Disc--- 2000 7.101 NIC $6653825.00 2001 7.201 2002-2003 7.301 2004-2005 7.401 2006 7.501 2007 7.251 2008 6.501 Mr. Moreland left the Conference Room to review the bid tabulation and returned with his recommendation that the sale of the bonds be awarded to the low bidder, Lovett Mitchell Webb & Garrison at the effective interest rate of 7.3115141. Mayor Pro Tem Bryan presented Ordinance Number 1327 and read the caption, as follows: ORDINANCE NUMBER 1327 ORDINANCE AUTHORIZING THE ISSUANCE OF $7,000,000 CITY OF WEST UNIVERSITY PLACE" TEXAS, PUBLIC IMPROVEMENT BONDS, SERIES 1988; LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF; AND CONTAINING OTHER PROVISIONS RELATING THERETO Copies of Ordinance Number 1327, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. 1 r -: -.1 {II ,I ~.. Special City Council Meeting, October 11, 1988 1"','h Motion was made by Councilmember Britton, seconded by Councilmember Bell, that City Council accept the financial advisorls recommendation and award the sale of the bonds to the low bidder, Lovett Mitchell Webb & Garrison and that Ordinance Number 1327 be adopted on first and final reading as presented. Voting Aye: Mayor Pro Tem Bryan, Councilmembers Bell, Britton None Mayor Parks Councilmember Schwartzel Voting No: Absent: Abstaining: COUNCIL COMMENTS: No member of City Council had an item to be brought forward at this time. STAFF REPORT: City Manager. Richard Rockenbaugh, had nothing further for Council IS consideration. ADJOURNMENT: There being no further business to come before City Council, Mayor Pro Tern Bryan declared the special session adjourned at 8:45 p.m. I t f 4i j jj~ I \' l I Audrey Nic ols City Secretary 1. ""',,'] CITY COUNCIL WORKSHOP SESSION THURSDAY, OCTOBER 20, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, October 20, 1988, with the following members present: Mayor Pro Tern Bryan, presiding; Councilmembers Bell, Britton and Schwartzel. Mayor Parks came in at 7:07 p.m. Also present were the City Manager, City Secretary, City Attorney and the Director of Operations. Hearing of Residents: Kyle Pentecost, 2606 Centenary, addressed Council stating he was a resident and also a home builder. He expressed his concern with the city policy relative to getting the water turned on at a building site. He felt the city had begun charging for sewer service, street light charge and garbage service just to get the water on during the construction phase of a home. The builder is required to make a different deposit for utilities than a resident. Mr. Pentecost did not remember the policy to be that way until the last two houses he built. Also, Mr. Pentecost stated the Inspection Division would not issue an occupancy permit for a new home until a qualified tree was planted. He thought this policy should be reviewed. City Manager, Richard Rockenbaugh, advised Council that he was not aware of any policy change, but he would check into the policies and report back to Council. Closed Executive Session: City Council decided the discussion of the Westpark Extension and the JMH Property would be held in open session. Discuss and Consider Proposal Concerning Westpark Extension: Ginger Rocha and Bobby Gilbert, representing Metro, were present. Ms. Rocha advised that Metro would very soon begin the construction of phase 1 of the Westpark Drive Extension from Edloe to Wakeforest including the intersection at Kirby; phase 2 would be to complete Westpark from Wakeforest to Kirby. Ms. Rocha presented the final offer from Metro and explained it was basically the same offer Council reviewed before. Ms. Rocha reported on the 8,537 square foot exchange tract that the Joint Referral Committee considered and approved the abandonment of the road on one condition: that Milford Street remains open until construction of the Westpark Drive Extension project commences. The Traffic and Transportation Department agreed with the abandonment, however, Houston City Council must approve it to finalize the agreement. Metro further agreed that City Council Workshop Session, October 20, 1988 1 ~, if the portion of Milford Street containing 8,537 square feet which has been submitted to the City of Houston for vacating is valued/appraised for more than their offer for the portion of the proposed Westpark Drive Extension containing 6,299 square feet, then Metro will pay the difference over and above their offer of $103,102.00. Ms. Rocha further offered, if City Council would accept Stewart Title Company to handle the closing, Metro would pay the closing costs. Councilmember Schwartzel suggested that the Westpark Extension would destroy an income stream to the City by ruining the use of the house used as rental property. Ms. Rocha advised that Metro usually did not consider income on property in settlement proposals. Councilmember Schwartzel asked about the railroad spur that was taken up; that it was a taking of property without compensation. The property value was much greater with the railroad spur. Ms. Rocha stated that Metro had nothing to do with taking up the railroad spur. Southern Pacific removed the tracks because the tracts were not considered high use and, therefore, not cost effective to maintain. Councilmember Schwartzel asked if the Westpark Extension might become categorized as a major thoroughfare and, if so, would it not effect the setback line. The setback line on major thoroughfares is 25 feet. Councilmember Schwartzel suggested the City Attorney research this question and for staff to develop what the remaining effects were on the property. The setback issue is particularly important for the City1s water well site and could require the City's request for a variance to the Houston Planning Commission. Councilmember Britton suggested the variance request be considered a negotiable issue in the agreement with Metro. At the conclusion of the discussion, Ms. Rocha and Mr. Gilbert left the meeting. Councilmember Schwartzel suggested that perhaps an appraisal be considered before making a decision. Schwartzel also suggested the City require a Title 8,357 square foot exchange tract. updated Councilmember Policy on the Mayor Parks recommended the City agree to use Stewart Title and have Metro pay the closing costs. City Council concurred with the recommendation. City Council took no action on Metro's offer at this time. City Council Workshop Session, October 20, 1988 1-'" Discuss and Consider the JMH Property: Mayor Parks reported on the status of the negotiations to purchase the JMH property. After discussion, motion was made b,y Counci1member Bell, seconded by Counci1member Bryan, that City Council purchase the JMH property at the price of $390,000 under the terms and conditions stated in the Agreement for Sale and Purchase by and between JMH Supermarkets, Inc., as seller, and City of West University Place, as purchaser. The vote was taken on the condition that the City Manager confirm that there would be no rep1at requirement after the building is demolished; that the property is platted as five separate lots. Voting Aye: Voting No: Absent: Mayor Parks, Counci1members Bryan, Bell Counci1members Britton, Schwartze1 None Discuss and Consider Fence Variance Request: 6101 Charlotte: David Donnelly, 6101 Charlotte, requested Council consider granting him a variance to build an eight foot fence across a nineteen foot portion of the front of his property. The recommendation from the Chief Building Inspector was submitted and stated that the portion of fence between the house and the side property line toward Rice Blvd. is only allowed, by ordinance, to be six feet. This is the portion that directly faces Charlotte Street. The area not directly facing Charlotte Street may be installed at the eight foot height. The City Attorney concurred with the Chief Building Inspector's recommendation. After discussion, City Council concurred that the fence ordinance not be amended. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartze1, that the request for variance to build an eight foot fence across the front portion of the property at 6101 Charlotte be denied. Voting Aye: Voting No: Absent: Mayor Parks, Counci1members Bryan, Bell, Britton, Schwartze1 None None Discuss and Consider authorization for purchase of Hydraulic Network Model for Water Distribution System: Pitometer Associates: Superintendent of Utilities, R. E. Simpson, and representatives from Pitometer Associates, discussed the feasibility of purchasing a Hydraulic Network Model for the water distribution ."1 r -:: .. 1 . 'III 11711 1 City Council Workshop Session, October 20, 1988 system. Mr. Simpson presented information concerning positive references from cities of similar size who use the model. The hydraulic model will assist in the design engineering of all future water line projects. However, the primary function of the model is to enable the City to plan more effectively the replacement of the major distribution system. It is a planning tool to be utilized in connection with the capital improvement program and the conversion to surface water. At the conclusion of discussion, motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that City Council authorize Pitometer Associates to develop a Hydraulic Network Model for the City's water distribution system to be installed on an IBM-AT Compatible PC at the cost of $20,000.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Consider staff's recommendation for award of contract for replacement of electric starter, Water Well #8: Mr. Simpson presented his recommendation for award of contract for the emergency replacement of the electric starter at water well #8. The recommendation was to award the contract to the low bidder, Pfeiffer & Son at their bid price of $9,873.00. Motion was made by Councilmember Britton, seconded by Councilmember Bryan, that City Council accept staff's recommendation and award the contract to Pfeiffer & Son at the price specified. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Discuss and Consider Infectious Disease Policy: The proposed Policy and Guidelines on Infectious Diseases in the Workplace was presented for Council IS consideration. Councilmember Schwartzel requested clarification of the impact on the City.s insurance if an employee had AIDS. Councilmember Britton was concerned the policy, as written, might not be in the City's best interest. Mayor Parks recommended that the policy be referred to the City Attorney for his opinion before Council considered taking action. Motion was made by Councilmember Britton, seconded by Councilmember Bell that the Policy and Guidelines on Infectious Diseases be tabled to allow time for further study. City Council Workshop Session, October 20, 1988 11 '"" Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: Discuss Proposed Anti-Picketing Ordinance The City Attorney presented a draft of an Anti-Picketing Ordinance. The ordinance was worded from one that had been upheld by the Supreme Court and was careful to not deny the freedom of speech of any individual. The ordinance is aimed to regulate picketing at a particular residence. The City Attorney noted one sentence added to subparagraph (b) which states: "It is the intent of this section that only focused picketing taking place solely in front of a a particular residence is prohibited." City Council agreed to place the ordinance on the regular agenda for Monday, October 24, 1988, meeting. Council Comments: Councilmember Bryan expressed her concern with the wording the Sunset Advisory Commission recommended to the Metro Board and subsequently adopted by them. The second provision stated that IIAuthorization for removal of board members by majority vote of the appointing and/or confirming body, as well as by the board itself. II Councilmember Bryan suggested City Representative to the Board, P. J. Lionetti, be advised that the City Council was not in agreement with this provision. Mayor Parks offered to call Mrs. Lionetti. Councilmember Bryan recommended City Council consider sending the City Manager to the Public Executive Institute at the lBJ School of Public Affairs. It is considered to be an outstanding educational opportunity and she urged Council to consider spending the $1500.00 for registration. After discussion, Mr. Rockenbaugh agreed to get more information and come back to Council with the report. Councilmember Bryan suggested Council review their list of priorities to determine what items might need attention. Councilmember Schwartzel asked the status of Eastern Star and closing of Browning Street. Director of Operations, Curtis Cooper, reported that a "dress rehearsal" for Eastern Star would take place on November 5, 1988, to determine the effect of the street closing on the ingress and egress to their facility. Councilmember Britton requested a copy of the latest salary survey from Houston and suggested the City Manager develop a five-year plan, beyond the basic bond issues, to provide City Council more detailed projections. ., "" City Council Workshop Sesslon, October 20, 1988 Mr. Rockenbaugh responded he was working on such a plan and it would soon be complete. Councilmember Britton suggested the various boards and committees be contacted to submit a status report to Council. Staff Report: The City Manager distributed the draft for Monday's regular agenda. Adjournment: There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 10:20 p.m. .. /, I ) Ikh'~!~iv Michael L. Parks Mayor Au~/e(y/Nja~olls \ I ~ {, City Secretary 1 REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 24, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, October 24, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Mayor Parks delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Mr. Emil Kubala, 4011 Browning, expressed his concern relative to the value placed on his property. Mayor Parks explained that the City Council did not appraise/value property. The Harris County Appraisal District set the values. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that agenda item No. 15, Purchase of Hvdraulic Network Model for Water Distribution System. be removed from the agenda because City Council authorized the purchase in workshop session on October 20, 1988. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None 1 n Regular City Council Meeting, October 24, 1988 ORDINANCE REGULATING RESIDENTIAL PICKETING: Consideration was given to the first reading of Ordinance Number 1328. Mayor Parks read the caption, as follows: ORDINANCE NUMBER 1328 AN ORDINANCE RELATING TO RESIDENTIAL PICKETING; DECLARING IT TO BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN PICKETING BEFORE OR ABOUT THE RESIDENCE OR DWELLING OF ANY INDIVIDUAL IN THE CITY; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1328, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Ordinance Number 1328 be accepted as presented on first reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None HOUSTON-GALVESTON AREA COUNCIL 1989 GENERAL ASSEMBLY: Mayor Parks presented and read the following resolution: RESOLUTION 88-10 HOUSTON-GALVESTON AREA COUNCIL DESIGNATION OF REPRESENTATIVES GENERAL ASSEMBLY 1989 BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Buddy Bell be, and is hereby, designated as its representative to the General Assembly of the Houston-Galveston Area Council for year 1989. Section 2. FURTHER, that the Official Alternate authorized to serve as the voting delegate should the hereinabove named delegate become ineligible, or should he resign, is H. L. Britton Section 3. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Regular City Council Meeting, October 24, 1988 '0.1,-,,4 Section 4. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND ADOPTED, this the 24th day of October , 1988. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: Michael l. Parks, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Fonn: (SEAL) James L. Dougherty. Jr. City Attorney Motion was made by Councilmember Schwartzel, seconded by Counci1member Bryan, that Resolution Number 88-10 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None r , r '0 1F'I m o O';lTI 1 n. Regular City Council Meeting, October 24, 1988 TAX ASSESSOR-COLLECTOR CERTIFICATION: Consideration was given to accepting the anticipated collection rate and the amount of excess collection (if any) as certified by the Tax Assessor-Collector. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council accept the Tax Assessor-Collector's report as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None CALCULATION. PUBLICATION AND REPORT TO COUNCIl OF THE CITY'S EFFECTIVE AND ROLLBACK TAX RATES: Consideration was given to accepting the calculation, publication and report of the City's effective and rollback tax rates as submitted by the Tax Assessor-Collector. Motion was made by Councilmember Bell. seconded by Councilmember Schwartzel, that City Council accept the calculation, publication and report of the City's effective and rollback tax rates as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None RESOLUTION CONCERNING AD VALOREM TAXATION FOR TAX YEAR 1988: Mayor Parks presented Resolution Number 88-11, as follows: RESOLUTION NUMBER 88-11 RESOLUTION DETERMINING THE NOTICE AND HEARING LIMIT FOR AD VALOREM TAXATION FOR TAX YEAR 1988; PROPOSING A TAX RATE; CALLING A PUBLIC HEARING AND PROVIDING FOR NOTICE OF SAME; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the City Council of the City of West University Place, Texas, (the "Taxing Unit") has received information from its assessor and collector of taxes, including the calculated effective rate and the rollback rate; and WHEREAS, such rates as well as the related information required to be published by the Texas Tax Code have been timely and duly published; and WHEREAS, the City Council finds and determines that the notice and hearing limit is $0.4013 per $100 and that a total tax rate in excess of such limit should be levied; and 1 '"' " Regular City Council Meeting, October 24, 1988 WHEREAS the City Council desires to proceed with the steps necessary to levy ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The matters described in the preamble of this resolution are found and determined to be true and correct and are adopted, ratified and confirmed. Section 2. The City Council of the City of West University Place hereby proposes consideration of the following tax rate for tax year 1988: $0.3106/$100 for the purpose of maintenance and operation $0.1400/$100 for the payment of principal and interest on debt of this Taxing Unit $0.4506/$100 total tax rate Section 3. A public hearing on such proposed tax increase is hereby called for the following date, time and place: Date: November 7. 1988 Time: 7:30 o'clock p.m. Place: City Hall Council Chamber 3800 University Blvd. Houston. Texas 77005 The proposed tax increase shall be the only item on the agenda for such meeting. Section 4. Such proposed tax increase shall be placed on the agenda as an action item for the City Council at a meeting not less than three days--nor more than 14 days--after such public hearing. The adoption of a tax rate shall be a separate item on the agenda for such meeting. Section 5. The City Council hereby designates Donna L. Sims to prepare and publish notice of such public hearing and of the subsequent meeting, all as required by the Texas Tax Code, and to make arrangements for the two meetings, including the posting of the normal notices of a..II_ Jill 1 .. ~.. I. 1"" ; Regular City Council Meeting, October 24, 1988 meetings. Such person is also authorized to take all other action necessary or incidental to any of the foregoing steps or to the timely levy and collection of taxes by the City. Section 6. All actions by the assessor and collector of taxes prior to this date with respect to such calculations and publications are approved, ratified and confirmed in all respects. Section 7. If any word. phrase. clause. sentence. paragraph. section or other part of this resolution or the application thereof to any person or circumstance. shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction. the remainder of this resolution and the application of such word. phrase, clause, sentence, paragraph. section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 8. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 9. The City Council officially finds, determines and declares that a sufficient written notice of the date. hour. place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17. as amended. and that each such meeting has been open to the public as required by law at all times during such discuSSion. consideration and action. The City Council ratifies. approves and confinns such notices and the contents and posting thereof. Section 10. This resolution shall take effect immediately upon its adoption and signature. PASSED AND APPROVED this 21th day of October ,1988. Voting Aye: Voting No: Present and Not Voting: Absent: . . Regular City Council Meeting, October 24, 1988 1'"'''' Signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary (SEAL) Approved as to Fonn: James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Resolution Number 88-11 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None THE HOUSTON BUSINESS PROMISE: Mayor Park presented Resolution Number 88-12, as follows: CITY OF WEST UNIVERSITY PLACE, TEXAS RESOLUTION NUMBER 88-12 THE HOUSTON BUSINESS PROMISE WHEREAS, we believe that every child in the Houston area should receive a quality education; and WHEREAS, we furthennore believe that literate, thoughtful, effective citizens are critical to fulfillment of individual lives and families, to a healthy competitive economy and to a viable democracy; and WHEREAS, we as responsible adults, have both the privilege and the duty to prepare our young people to assume responsibility for the future of our community and nation by assuring a strong education system; and WHEREAS, the primary responsibility for educating our young people lies with our education system and within the family structure, the business community is uniquely positioned to reinforce these responsibilities through corporate policies and programs which will help assure that every child in the Houston area receives a quality education. NOW, THEREFORE, .1 .... .. 1 !II =,... ..;..~ '1Il.._. .. I .~;.:.. J .... ..,...~ ... Regular City Council Meeting, October 24, 1988 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That we do hereby commit, through the Houston Business Promise, to enhance the educational experience of Houston area children. Our organization will: Encourage employees to support and be involved in the learning process of their children, including attendance at parent/teacher conferences. Support a school or schools through a meaningful partnership effort including employee volunteer involvement, sharing of expertise, facilities and equipment and/or financial assistance. This may range from adopting a school to participating in existing programs. Assist in preparing students for the work force. This may include providing information in the classroom and exposure to the work place through plant/office visits and summer or part-time jobs. Assure graduates of Houston area high schools the opportunity to interview for available jobs. Increase student awareness of job opportunities and requirements through school career days and other appropriate means. Support the recruitment and retention of high quality teachers and administrators. This may include summer jobs for teachers, small financial grants to assist teachers in classroom projects, teacher and/or administrator recognition, and other programs in support of this goal. Encourage students to pursue education beyond the high school level. Encourage employees without high school diplomas to complete the requirements for a diploma or the equivalent. Endeavor to be informed and communicate with employees on important educational issues. Section 2. The City Council hereby adopts this Houston Business Promise and will communicate to all of our employees our commitment to quality education. Section 3. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent'of the conflict only. Regular City Council Meeting, October 24, 1988 .",,1 ^"'i Section 4. If any word, phrase. clause, sentence. paragraph. section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction. the remainder of this resolution and the application of such word. phrase. clause, sentence. paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 5. The City Council officially finds. determines and declares that a sufficient written notice of the date. hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this the 24th day of October ,1988. Voting Aye: Voting No: Absent: Signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Resolution Number 88-12 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None "1 , ::; .. 1 . 'III :1". 1 ~ Regular City Council Meeting, October 24, 1988 PRIORITY AREA I, SANITARY SEWER RENOVATION. WEST UNIVERSITY PLACE FIRST SUBDIVISION: Consideration was given to the Claim and Payment to Jamcom Construction Company, Inc., contractor for the sanitary sewer renovation project. Director of Operations, Curtis Cooper, reported that on September 26, 1988, the payment to Jamcom Construction Co., was approved for payment and the Certificate of Acceptance authorized for issuance. However, on September 27, 1988, staff was informed that all subcontractors had not been paid and were in the process of submitting a claim against the contractor to the surety company. Based on that information, the payment and Certificate of Acceptance were withheld while staff tried to work with the parties involved. At this time, nothing is settled. The City Attorney advised Council that two parties were requesting the money and he recommended that the City hold payment until it is settled. The City Attorney suggested there was a draft memo from him on the table for Council's consideration which if adopted would freeze the situation further until the issue can be settled. Councilmember Schwartzel questioned whether the City might interplead the funds. The City Attorney agreed that the City may need to interplead. Staff would know by the next meeting whether to recommend interpleading. The surety has indicated they will indemnify the City against further claims should Council agree to pay them. Councilmember Schwartzel recommended the City add an interpleading clause to the motion. Motion was then made by Councilmember Schwartzel that, because of the apparent nonpayment of subcontractors, etc., on the Contractor's job, and because of the double claims for payment that the City has received from the Contractor (and his assignee) and the surety company, the following shall apply: (1) The City formally expresses its desire that the Contractor furnish satisfactory evidence that all of the Contractor's obligations to the subcontractors, laborers, etc. , have been paid, discharged or waived. (2) That no further payments be made until such proof is furnished. (3) That the certificate of acceptance shall be withheld until such proof is furnished. (4) That the City Manager is authorized and directed to notify interested parties of this motion and to attempt to reconcile the conflicting claims, in consultation with the City Attorney and the engineer. 1n~ Regular City Council Meeting, October 24, 1988 (5) That the City Manager is further authorized to interplead the funds as resolution of the problem if this can not be worked out quickly. Such motion was seconded by Councilmember Bryan, voted on and carried by the following vote: Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None AUTHORIZATION TO ADVERTISE FOR BIDS: Consideration was given to authorize advertising for bids for the following: (a) Construction of Priority Area No. I, Phase 3, Sanitary Sewer, West University First Subdivision; (b) Purchase and Installation of 1500 Linear Feet of Cyclone Fence to be installed on the north boundary of the City Landfill. Motion was made by Councilmember Schwartzel. seconded by Councilmember Bell, that City Council authorize advertising for bids for the items and projects as listed. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was given to the invoices totaling $14,209.63 submitted by Langford Engineering, Inc., for services provided on utility projects, as follows: (a) Invoice No. 5625 in the amount of $4,561.57 for Phase 2, Priority Area 1, Sanitary Sewer, West University 1st Subdivision; (b) Invoice No. 5626 in the amount of $1,654.60 for Priority Area No.2, Sanitary Sewer, College Court Subdivision; (c) Invoice No. 5627 and Final in the amount of $376.74 for Repair Water Well No.9; (d) Invoice No. 5628 in the amount of $7,616.72 for Study to Fully Automate Wakeforest Water Plant Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. <'I p ""\ Regular City Council Meeting, October 24, 1988 Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: RE-ROOF FIRE DEPARTMENT GARAGE AND LIBRARY BUILDING: Consideration was given to staff's recommendation for awat'd of contracts to re-roof the Fire Department Garage and the Library Building. Bids received October 11, 1988, to re-roof the Fire Department Garage area were as follows: Bidder Net Bid The Marton Company 8234 Braniff Houston, Texas 77061 $ 12,110.00 C & H Construction 2449 South Blvd. Houston, TExas 77098 $ 12,569.50 Gulf Star Sheetmetal & Moisture Protection P.O. Box 8847 The Woodlands, Texas 77387 $ 15,485.00 Tri-State Roofing 660 W. Parktown Dr. Deer Park, Tx 77536 $ 16,242.00 Bilda Companies 12226 Fairpoint Houston, Texas 77099 $ 16,405.18 Bids received October 17, 1988, to re-roof the Library Building were as fo 11 ows: Bidder Net Bid PRC Roofing 3714 Osage Houston, Texas 77063 $ 15,900.00 The Marton Company 8234 Braniff Houston, Texas 77061 $ 16,900.00 A. M. Bowles Co., Inc. P.O. Box 7508 Houston, Texas 77270 $ 18,900.00 Regular City Council Meeting, October 24, 1988 "1 er' A Staff's recommendation was to award the contract for the Fire Department Garage to the low bidder, The Marton Company, at the bid price of $12,100.00 and to award the contract for the Library Building to the low bidder, P.R.C. Roofing Company, at the bid price of $15,900.00. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council award the contracts to the low bidders as recommended. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None PURCHASE OF REFUSE BAGS: Consideration was given to staff's recommendation for award of the contract for the purchase of refuse bags for 1988 - 1989. Bids received on October 5, 1988, were as follows: Bidder Adams Industries 300 Superior Lane Monroe, LA 71201 Arrow Industries, Inc. P.O. Box 819489 Dallas, Texas 75381 Dee 1 Apr 1 Aug 1 Additional Net 1988 1989 1989 Rolls Bid Per Roll $4.27 $4.27 $4.27 $4.62 $83,265.00 Per lb. .74ct .74ct .74ct Per Roll $4.50 $4.50 $4.40 $4.50 $87,750.00 Per lb. .78e/: .78e/: .78e/: Staff recommended the contract be awarded to the low bidder, Adams Industries, Inc. in the amount of $83,265.00. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell that City Council accept staff's recommendation and award the contract to the low bidder, Adams Industries in the amount of $83,265.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None PURCHASE OF GASOLINE POWERED, PORTABLE AIR COMPRESSOR: Consideration was given to the invoice in the amount of $8,656.00 submitted by Clemtex, Inc., for delivery of the Air Compressor to the City. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that the invoice in the amount of $8,565.00 submitted by Clemtex, Inc., be approved for payment. ., n Regular City Council Meeting, October 24, 1988 Voting Aye: Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None None 11, Voting No: Absent: CONSTRUCTION OF MANHOLE REPLACEMENT AT WESlAYAN LIFT STATION: Consideration was given to authorize issuance of the Certificate of Acceptance to Tidal Construction, Inc., for work completed on the manhole replacement project. Motion was made by Councilmember Schwartzel, seconded by Councilmembef Bell, that City Council authorize the Certificate of Acceptance to Tidal Construction, Inc., as recommended by staff. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None COUNCIL COMMENTS: Councilmember Bryan noted from the staff report that the action taken by Council on the budget for the employment benefits was acknowledged and appreciated by staff and she thanked the employees for responding. Mayor Parks acknowledged receipt of the letter of resignation from Kenneth H. Pearce on the Senior Services Board. Seniors Services made a recommendation to fill the vacancy and Mayor Parks recommended he be contacted for appointment at the next regular Council meeting on November 14, 1988. Councilmember Schwartzel inquired if staff had updated information on the Metro offer for the Westpark Drive Extension, particularly, the building setback issue. The City Attorney advised he was looking into the issue. STAFF REPORT: Director of Operations, Curtis Cooper, asked City Council if they thought it necessary to interview other park planners. It was agreed by Council that if the Parks Board was pleased with Charles Tapley, they saw no need to interview others. Director of Administration, Donna Sims, reported that the activity in the Parks Fund to date amounted to $811.58 out of one month's billing. A draft of City ClJrrp.nts was distributed for Council's review. A few changes were recommended and noted by staff. City Council was requested to consider setting the dates for the workshop session before Thanksgiving Holidays and the regular meeting scheduled for December 26, 1988, which is a holiday. City Council concurred to set the workshop session before the Thanksgiving Holidays on Wednesday, November 23 and the second regular meeting in December on December 29, 1988. -'I P fj Regular City Council Meeting, October 24, 1988 CITY COUNCIL MEETING MINUTES: ~li nutes of the fa 11 owi ng meetings were submitted for consideration: (a) City Council Workshop Session, October 6, 1988 (b) City Council Regular Session, October 10, 1988; (c) City Council Workshop Session, October 10, 1988; (d) City Council Special Session, October 11, 1988. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the minutes be approved as submitted. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ADJOURNMENT: With no further business to come before City Council at this time, Mayor Parks declared the regular session adjourned at 8:12 p.m. 1 CITY COUNCIL WORKSHOP SESSION MONDAY, OCTOBER 24, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 8:20 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, October 24, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Secretary and the Director of Operations. City Council discussed the establishment of a Francophile Committee to support and guide the Sister City Project wi Saintes, France. Interested residents were discussed for placement on the committee. No action was taken by City Council at this time. Adjournment There being no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 9:10 p.m. 1/'"''''' PUBLIC HEARING ON TAX INCREASE MONDAY, NOVEMBER 7, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, November 7, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell and Britton. Councilmember Schwartzel arrived at 7:37 p.m. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Mayor Parks announced the purpose of the public hearing was for City Council to receive questions and comments from all those who wished to speak concerning the proposal to increase total tax revenues from properties on the tax roll in 1987. that everyone would understand, Mayor Parks explained that City Council had control over the City's operating and maintenance budget, the General Fund Budget. However, they had no control over the value placed on property by the Harris County Appraisal District. There was made available a Tax Hearing Fact Sheet for all those in attendance, as follows: "TAX HEARING The proposed 1988 tax rate includes two components: 1.) General Fund Tax Collections to fund general governmental services such as police and fire. 2.) Debt Service Tax Collections to repay the principal and interest on bond obligations previously authorized by the tax payers. A comparison of the tax rate components from last year to this year foll ows: 1987 1988 General Fund Rate (M&O) $ 0.3200 $ 0.3106 Debt Service Rate $ 0.0920 $ 0.1400 Total Tax Rate $ 0.4120 $ 0.4506/$100 value Increase $ 0.0386/$100 value ., ". ".>> Public Hearing on Tax Increase, November 7, 1988 A comparison of revenues that will be generated as a result of the proposed tax rate follows: Current Tax Collections Current Budqet Proposed Budqet 1988 1989 General Fund $ 2,268.850 $ 2,336,950 Debt Service Fund $ 674,400 $ 1,175,100 Total Tax Revenue $ 2,943,250 $ 3,512,050 Increase $ 568.800 The primary thrust of the above increased revenues lies in the Debt Service Fund for paying the principal and interest on the City's debt. On August 13, 1988, a bond election was held in the City, where voters authorized an additional $7.000,000 of new debt to fund water and sewer line replacement projects. Payment for the new bonds will be $ 529,500 in 1989, which will be prirrarily funded by tax dollars.1I Mayor Parks announced that those who wished to speak would now have that opportunity. Ross Biggers, 3621 Albans Street, questioned the incrpase in value. Mayor Parks advised that there had been an approximate 81 increase of the total values in the City. Councilmember Britton commented that Mr. Biggers was increased this year to what Councilmember Britton had been paying for several years. Councilmember Britton and Mr. Biggers are neighbors. S. E. Toomey, 6344 Rutgers, suggested making a smaller increase this year and then increasing the tax rate a little in the next few years. Dorothy Reiger, 6516 Brompton, relinquished her speaking time to Joan McCay. Joan McCay, 3029 Carnegie, asked what was the amount of bonded indebtedness allowed by the City Charter. Mayor Parks responded that it was 5% of the net taxable value of property on the tax rolls of the City. The City Attorney offered that the roll back rate is computed by adding 8% of last year's maintenance and operating budget to this year's debt service. The roll back rate is greater than the proposed increase so that the proposed increase would not call for a roll back. .... "''''''':' Public Hearing on Tax Increase, November 7, 1988 Whitt Johnson, 3216 Nottingham, quoted the Texas Property Tax Code which states that residents may call an election by a petition signed by 101 of the qualified voters. What it would do is to roll back to 1081 of the general operating fund. However, the bonded indebtedness is not effected and the proposed maintenance and operations budget for 1989 reflects a decrease. Ms. McCay asked what the over sixty-five exemption was. The City Manager responded it was $42,850.00. Ms. McCay suggested that was a decrease over previous years. Mayor Parks responded there was no change in the over sixty-five exemption. Ms. McCay stated she understood there would not be a tax increase if she voted for the bonds. Whitt Johnson stated he was unconcerned about the $7,000,000 in bonds. He questioned why the bonds were not issued for $3,000,000 instead and why the City chose to not use fund balance. Mayor Parks answered that the fund balance was significant to maintain the fiscal integrity of the City for sound fiscal policy The fund balance was acknowledged as such by the bond rating agencies. Robert R. Park, 3752 Plumb, stated he was led to believe there would be no tax increase if he voted for the bond issue. S. P. Needham, 4112 Albans, expressed his concern that the sewer charges were based on metered water usage and that residents now paid a street light charge of $1.00 a month. John Grubb, 3754 Robinhood, spoke in favor of the tax increase to maintain quality city services, among which included the replacement of the water and sanitary sewer lines. Leo Sacchi, 3768 Rice, suggested City Council was copying Houston. Dr. Arrighi, 3036 Albans, stated she understood there would be no tax increase if she voted for the bonds. She suggested the City consider better street maintenance and ways to increase recycling of aluminum as ways to help offset the tax increase. Harold Williams, 3603 Sunset Blvd., suggested City Council consider using the fund balance to help cover the costs of the bonds and that every line item of the budget be reviewed. Glyn Wheller, 4223 Tangley, expressed his concern over the increase in the water bills. He stated he was under the 001 00:::. I 'lII ~IO:. 1~" a;.ai. 10.... . I ..~ I t. Public Hearing on Tax Increase. November 7. 1988 impression that a portion of the rates would go to pay for the infrastructure. Mayor Parks offered that the $7.000.000 was to replace the system. water and sanitary sewer. It will become increasingly important when the City is required to convert to surface water and purchase water from Houston. At that time. it will be essential to have an efficient system in operation to help save what we will be required to pay Houston for that surface water. An inefficient system would prove to be very costly. Jim Jenkins. 3825 Northwestern. suggested the City Manager might be able to solve the issue. Mayor Parks advised that it was City Council's decision. not the City Manager's. Mr. Jenkins asked what the improvements were to be from the bond issue. Mayor Parks responded that the bonds were to pay for water and sanitary sewer improvements. Omer Humble. 2822 Jarrard. stated he was reappraised and increased about 50S. He stated he understood the City was reappraised at the request of City Council. Mayor Parks assured Mr. Humble that the appraisal district acted independently in its entirety. Mayor Parks stated his property was reappraised and his taxes were likewise increased about 47S. Ken Clark. 3504 Plumb. stated he felt the appraisal ~istrict did a very poor job in the City. A neighbor of his had the highest value on the block and Mr. Clark was instrumental in getting her appraisal lowered. Joseph S. Watson. 4116 Sunset. stated he felt the increase was out of reason because the City has all the new homes that are being built. P. F. E1sas. 2909 8issonnet. asked if the City Council put any money in the fund balance; did the City have any excess. Mr. E1sas stated he felt this City Council did a good job in 1987. The facts of the costs the residents are facing should not be any surprise to anybody. He thought the money needed to be found to keep the projects progressing. C. J. Wark. 6714 Rutgers. questioned the prOblem of raw sewage appearing in certain locations. Mr. Wark stated he thought the citizens voted on this bond issue thinking there would be no tax increase. Mayor Parks explained raw sewage was not running in the streets. however. there were too many cases where sewage backup occurred. .' 'if in" Public Hearing on Tax Increase, November 7, 1988 Larry Kelly, 3319 Georgetwon, asked what was the gross increase in the operating and maintenance budget. Mayor Parks explained the increase was 0.386t. Mr. Kelly asked how many new homes had been built this year. He suggested the new homeowners be increased. Many people were having a real hard time with money still and he wished Ci~ Council would take that into consideration. One resident suggested City Council consider increasing the over 65 exemption. At the conclusion of the public hearing, Mayor Parks announced the Budget Hearing was scheduled for Monday, November 14, 1988, 7:30 p.m., in the Community Building, 6104 Auden. With no further comments and questions to be considered by City Council at this time, Mayor Parks declared the Public Hearing on the Tax Increase adjourned at 10:05. ~ Mayor 01 r '"7.. I ...:.... Oi'O:. C) r " , SPECIAL CITY COUNCIL MEETING MONDAY NOVEMBER 7, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. IMMEDIATELY FOLLOWING THE PUBLIC HEARING 10:12 P.M. City Council convened in special session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, November 7, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. RESOLUTION NUMBER 88-13: APPLICATION TO THE FEDERAL RESERVE BANK OF DALLAS FOR THE HOLDING OF SECURITIES IN JOINT SAFEKEEPING: Mayor Parks presented and read the following: RESOLUTION 88-13 RESOLUTION APPROVING AND AUTHORIZING AN APPLICATION TO THE FEDERAL RESERVE BANK OF DALLAS FOR THE HOLDING OF SECURITIES IN JOINT SAFEKEEPING; APPROVING AND AUTHORIZING RELATED ARRANGEMENTS; AND CONTAINING RELATED PROVISIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That an application to the Federal Reserve Bank of Dallas ("Custodian"), substantially ir the form attached, be approved and authorized. The City Manager and the City Secretary are each authorized to sign such application on behalf of the City. The City Manager is also authorized to sign related documents on behalf of the City, including but not limited to a letter confirming the joint safekeeping arrangement to the City's depository bank ard setting out provisions to govern the safekeeping arrangement, in substantially the form set out in the attached specimen letter. Section 2. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the Special City Council Meeting, November 7, 1988 application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this the Ztb day of November ,1988. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary (SEAL) Approved as to FOnR: James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Bryan, seconded by Councilmember Britton, that Resolution Number 88-13 be adopted as presented. Voting Aye: Voting No: Absent: M~or Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None 001 ~~Ol 1111 110:. '. I I)n~ I.., 0 '0. ~~~ Special City Council Meeting, November 7, 1988 PRIORITY AREA 1, SANITARY SEWER RENOVATION. WEST UNIVERSITY PLACE FIRST SUBDIVISION: Consideration was given to the Claim and Payment on the Jamcom Construction Company, Inc. The City Attorney advised City Council that Jamcom Construction Co., Inc., and the Surety have settled and asked Council consider authorizing the agreement and directing payment jointly to Jamcom and Universal Surety of America (USA). Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council approve the settlement agreement which, among other particulars, provided for the following: 1. USA will defend and indemnify the City and its officers, agents and employees, and hold them harmless, from and against any and all claims, actions, proceedings, losses, damages, costs, expenses and liabilities (including reasonable attorneys fees and costs of court) resulting from, or arising out of or relating to such payment or attempted payment. 2. USA will pay directly to the City, simultaneously and as a condition of payment to USA, a sum of money equal to the reasonable legal expenses incurred by the City in connection with the preparation and review of the arrangements for such payment. The amount of payment must be approved by the City's Director of Operations. Further, that the City disburse the remaining contract balance to Jamcom and Universal Surety of America jointly at the USA's letterhead return address (1812 Durham, Houston, Texas 77007). Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None COUNCIL COMMENTS: Councilmember Schwartzel reported that Houston has approved the tree planting project and plans to plant trees on Bissonnet. STAFF REPORT: City Manager, Richard Rockenbaugh, advised City Council that there would be no meeting on Thursday, November 10. Mayor Parks recommended City Council hold a workshop session on Saturday to consider the comments received during tonight's public hearing. It was agreed to meet at 2:00 p.m., Saturday, November 12 1988. Special City Council Meeting, November 7,1988 <; "l) '"' " ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Britton, seconded by Councilmember Bell, that the special session adjourn. Such motion carried and the meeting adjourned at 10:23 p.m. ~0 CITY COUNCIL WORKSHOP SESSION SATURDAY NOVEMBER 12, 1988 CITY HALL COUNCIL CHAMBER 3800 UNIVERSITY BLVD. 2:00 P.M. City Council convened in workshop session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Saturday, November 12, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel, Also present were the City Manager, City Secretary City Attorney, Director of Administration and the Director of Operations. Mayor Parks asked for the indulgence of the audience to first hear the representatives from the Metropolitan Transportation Authority. Discuss and consider ProDosal concernina the Westpark Extension: Ginger Rocha and Robert G. Maclennan, from the Metropolitan Transit Authority, addressed City Council and stated they were following up from the October meeting with Council. They provided written responses to Council IS questions presented at that October meeting. The project is a City of Houston project, however, Houston requested Metro consider taking part in the project with them. This project was initiated back when Metro had lower guidelines and at that time there was not a cost benefit ratio determined. However, today's criteria were applied to the project which resulted in a ratio of $12.00 of public benefits for each dollar of project cost. The twenty-five foot setback line has been in place since 1983 and was established by City of Houston ordinance. The City's building has been in that 25 foot setback area since that time and this particular project does not change that fact. The setback line simply continues, although new construction would not be grandfathered. Councilmember Schwartzel asked if there were a requirement for notice of a change to set back lines. The City Attorney advised that the City of Houston made the setback change but the City of West University Place was not notified and he knew of no requirement for them to do so. Mr. MacLennan stated the setback change affects new construction, The City1s building will be eight feet back from the road, Mayor Parks suggested Metro was glvlng the City zero consideration for the residual effects on the property. ') '-", """"'"" City Council Workshop Session, November 12, 1988 Mr. MacLennan suggested that if City Council would like to make a counter offer, they were welcome to do that. Councilmember Schwartzel asked if the City of Houston would release their existing right of way. Mr. MacLennan stated they have already done that. Councilmember Bell asked if Ms. Rocha had asked Houston for the red/green traffic light for the Bissonnet and Academy intersection. Ms. Rocha said she had not asked. At the time of the last meeting she was not sure Councilmember Bell was serious in his request. Councilmember Bell assured Ms. Rocha he was serious about getting Houston to install a traffic light at that intersection. Mayor Parks recommended the traffic light be made a part of the counter offer. Mr. MacLennan stated he would ask for the traffic light, however, Houstonls decision would necessarily have to conform to the Uniform Traffic Control Code. City Council took no action on the Westpark Extension at this time. Hearinq of Residents: There were none present who wished to speak to non-agenda items. Discuss and Consider the Proposed Budqet and Tax Rate: Mayor Parks explained to those in the audience the manner in which the Harris County Appraisal District reappraised the property within the City. The property was appraised in blocks or sections with no consideration given to the older homes versus new homes or small homes versus large ones. The appraisal districtls theory is applicable to subdivisions where the vast majority of the houses are the same approximate age and size. However, West University Place is unique in its variety of types of property and houses. Mayor Parks thought the City was perhaps not appraised equitably. However, the appraisal districtls procedures were out of City Counc ill s control. Mark Spradling, 3315 Sunset Blvd., suggested that the City consider a workshop to teach residents how to protest their taxes. Mary Ann Binig, 6634 Vanderbilt, addressed Council and stated she was proud of the City and the City Council. It had been a great two years. Mrs. Binig stated she attended the meeting on Monday, November 7 and heard several residents say there had been a miscommunication or misunderstanding concerning the effects of the bond issue on their taxes. 'fl"'~ a~..~. 11&.... . I ..\ ..- I. City Council Workshop Session. November 12. 1988 Mayor Parks stated that the 1988 bonds contributed very little to the debt service. It is the 1986 bonds and older bonds that impacted the budget. The $7.000.000 will be immediately invested to earn interest. The 1988 bond issue will only have an affect after the money is used. Councilmember Schwartzel stated the interest on the 1988 bonds is money that must be used on the 1988 bond issue. City Council can not budget the interest earnings in this budget. The interest payment on the 1988 bonds will become due in the first part of the year. Mary Ann Binig stated the information that was sent out to the residents supporting the bond election did make the statement that there would be no tax increase. There was a miscommunication and she regretted the error. Counci1member Britton stated that it is technically correct that the 1988 bond issue did not increase taxes in the 1989 budget. Jim Jenkins. 3828 Northwestern. stated his assessed value went up about 201. He is concerned about that. Mr. Jenkins stated that there are a lot of things in our control. He read the 1987 Comprehensive Report and expressed his concern relative to stated "other chargesU reflected in the report. Mr. Jenkins asked about the 211 increase in taxes. Councilmember Schwartzel responded that the total property taxes budgeted for 1989 is an increase of 81. Mayor Parks invited Mr. Jenkins to meet with the Director of Finance and Administration. Donna Sims. on Monday to hear the explanation for the items which were of concern to him. The "other charges. reflected in the Comprehensive Report were reported actua1s in the budget. This information would be available in Ms. Sims' office for his review. Dr. Arrighi. 3036 Albans. suggested one way to cut costs would be to stop sending a return envelope in the water bills. Dr. Arrighi suggested the police and inspectors leave their cars running when they are making a call. She thought this was a waste of money. It was explained that the cars were left running so that the radios would be operational and not run the car's battery down. Russ Schulze, 3518 Rice Blvd., stated he wanted to speak about some quality of life concerns in West University Place as they pertain to the City budget. West University has been economically resilient during the downturn in the Houston econ~. In general, property values have only declined marginally when compared to real estate values across the county. The Rice Center reports that average home values have declined about 251 in the Houston area. With the exception of new homes built at the peak. West City Council Workshop Session, November 12, 1988 . ..1')""':' . University homes have pretty well retained their most highly appraised values, particularly the older homes. The key is obviously our location. As long as builders want to build here, we have future opportunities to sell our homes sometimes at a very substantial profit. As Parks and Recreation Board Chairman, I am acutely aware of one shortcoming of living in West University. It is the lack of park space. This is a quality of life issue. West University has approximately 1/5 of the recommended average park space per resident according to the U. S. Parks Department. For those of us in our child rearing years, this a serious concern. The Parks and Recreation Board has been working for over 3 years to develop a meaningful program for long term parks planning. Our recommendations have recently received City Council approval and $30,000 budgeted for 1989 to retain the architectural planning firm of Tapley-Lunow Architects to develop a master plan for Colonial Park and the other park needs of our City. Tapley-Lunow has the rebeautification of Buffalo Bayou among its many credits. Implementation of their recommendations will be over several years depending upon financial considerations and other city needs. The Parks Board envisions that a substantial portion of the funding will come from the private sector and/or state and federal grants. The $30,000 is in jeopardy if City Council is forced to make further budget cuts. In 1989 an additional $30,000 has already been cut from the budget for much needed improvement and replacement of playground equipment at Colonial Park. The only recent significant improvement to West University playgrounds has been at the West University Elementary School through private sector initiative by the West University PTA. Another quality of life concern is how will we deal with our increasing youth population as they reach their teenage years. The City needs to be prepared to help organize their youthful enthusiasm or else deal with adolescent pranks, or more serious problems relating to drugs, alcohol and vandalism. This a real future concern from a statistical standpoint given the increasing numbers of children who will have time on their hands and limited supervision from working parents. A related planning concern is funding for our youth sports programs. Over 800 West University children participate in one or more field sports through West University Little League, Girls Softball and Soccer. Private funding supports almost all of these programs. However, the City needs to help pay to maintain the athletic fields used by these organizations as part of the City's lease with HISD. In 1988, the City budgeted less than $5 per participating West University child to help maintain our field sports facilities. Contrast the $5 with the over $50 budgeted for each senior citizen using our senior citizen programs. These statistics are developed from the 1988 budget. ., r Oi: ~o I :0 :0,..0'" linK ~~~ I City Council Workshop Session, November 12, 1988 In 1989, the City budget allocates about $12 per participating West University child for field maintenance. Eight hundred children plus their parents and siblings use these facilities - many on a daily basis. The West University athletic fields are a source of community pride and enrichment. Our quality of life will be directly impacted if the allocated funds for 1989 ar~ cut from the City budget. In summary, we should not tie our City officials' economic hands because we were left with no option but to replace our sewer system and make other necessary capital improvements. Robbing our operating budget to pay for these needed capital expenditures just to control a slight tax increase would be a mistake. West University residents presently pay about 711 of Houston rates for a superior quality of life with higher retained real estate values. The City Council and staff have worked long hours and made many tough decisions to develop this budget. I recommPnd that we support their efforts and encourage them not to make further cuts that would seriously impact our quality of living and the realization of our future dreams for this community. David Agerton, 3020 Pittsburg, stated he had talked to several residents and hoped whatever misunderstanding there was on the tax increase relative to the 1988 bonds issue could be forgotten so that the City could move forward. Members of City Council arp very careful spenders. The Parks Board asked for parks to be included in the bond issue and City Council refused that proposal. Mr. Agerton respected their decision. There are a few things he found in talking to the residents that some are sensitive about changes in the neighborhood. They feel it is a loss of sense of community. We see less and less interaction with our neighbors. Some of the residents have a sense of loss of control in the community. The Parks Board is committed to the purpose of improving our parks and beautifying our City. It is one way we can meet and accommodate some of the changes that make people fearful. Mr. Agerton hoped City Council would not cut park funds. Mr. Agerton suggested there was one thing we can do something that does not cost any money and that is to control the blows by protecting the trees. losing trees is a real loss to the City and the City's atmosphere. Councilmember Bryan asked Mr. Agerton if he were aware that City Council and staff are looking at the problem; working with the contractors; gathering staff's recommendations to protect and lessen the impact of construction on the residents. Mark Spradling, 3315 Sunset, stated his property assessment had increased. Mr. Spradling stated this Mayor and City Council had faced problems and made decisions that has made the residents face problems that have existed for years. At the time of the 1986 bond issue, the tax impact was clearly explained. He would like ~~~ City Council Workshop Session, November 12, 1988 to see the budget not cut at all. The suggestions to save money is fine and the desire to spend the money wisely is fine. Mr. Spradling recommended the preservation of all the City services and to not go back and review the budget at this time. He did not want to see the City services cut. Mr. Spradling stated that Houston's taxes are 63~/$lOO. That is 71% more the City of Houston pays for services that do not compare with West University Place's. Mr. Spradling urged City Council to be a government of all the citizens of the City; to keep the budget as it is and control spending. Steve Spencer stated he wanted to say something that maybe not all the people realized. State and federal standards callan the cities to fund money to meet certain standards. It is a shock to see a tax increase and people do not understand all that it means. Mr. Spencer was interested to know how the requirement the bonds will be met. There is a $100,000.00 difference. Mr. Spencer stated City Council was doing a good job and he was proud to live in West University Place. The hearing of residents was closed at this point. Mayor Parks asked staff to go back and give City Council a summary of items for possible cuts in the budget. He was referring to the long term investments and bonding impact. Mayor Parks suggested that if City Council decided to use fund balance in the operating budget, West University Place would become as other cities whose ratings have been lowered. If City Council decided to fund the Police Department radio equipment out of fund balance, the tax rate could be reduced to the 41~ tax rate. Mayor Parks invited Council's discussion. Councilmember Bryan asked what was the actual amount under consideration. Mayor Parks replied that it was $170,000. Councilmember Schwartzel stated he did not generally support spending fund balance. Mayor Parks concurred that if City Council elected to use the fund balance, they were cutting into an income stream. Councilmember Britton stated the City had not spent the budget. He thought that when you have a sudden increase that it might be sensible to soften that blow and operate one year with less. Councilmember Britton suggested Council consider taking the rate back to last year's rate. Councilmember Bell expressed he did not support any major cut in the budget. He would, however, be in favor of controlling expenses and, if needed, to use fund balance at a later time. Mayor Parks responded that if City Council reduces the budget, we will be decreasing the effectiveness of our City. a;;'.&L. ........ . I.. ~ ~ 1-.. ":''' ..- -City Council Workshop Session, November 12, 1988 Counc11member Bryan suggested the rate be put at 41t and try to control spending. If we can not accomplish this, then use fund balance. Mayor Parks suggested a compromise of going one half the amount (to 43t) by purchasing the garbage truck out of fund balance. Councilmember Bryan felt that 43t was not that much better and preferred to cut the rate to 41t. Councilmember Schwartzel suggested maybe Council needed to improve the budget process and take all the cushion out of the budget. However, Counc11member Schwartzel conceded that in the 1987 budget, Council took the same approach to keep the costs low and there was not much of a surplus in the 1989 budget. Councilmember Bell proposed that Council use fund balance at the end of the year only if necessary. Councilmember Bryan said City Council had two things that they must be responsible for. Council must be responsible to the personnel and to make sure Council looks at the City as a whole. Councilmember Schwartzel stated that Council needed to be fiscally responsible and do what is best for the City. Mark Spradling asked how the Council might justify keeping the tax rate the same as last year1s. The cost of living has increased in the last year and we still are below the tax rate in Houston where the services are inferior. It makes it appear the budget processes are invalid. When we get heat in the future with the expenses of surface water and landfill, we are undennining the integrity of the future by using fund balance to soften the blow this year. Mayor Parks stated it was his personal view that Council could not responsibly go back to 41t. M~or Parks then opened the discussion to the residents in the audience. One suggestion was to initiate an Ilinfonnation day. to get the landfill and sanitary sewer issues to the public. Mayor Parks recommended Council consider the compromise of controlling spending, cut the rate to 43t. and purchase the $100,000 garbage truck from fund balance. Councilmember Schwartzel was not in favor of the recommendation as stated. Councilmember Bryan said she would be willing to go with 43t. City Council Workshop Session, November 12, 1988 rl' 4 A Councilmember Bell was in favor of leaving the tax rate at 45~ but would go with 431. Councilmember Britton said he would like to do something and he would go along with 431. Councilmember Schwartzel recommended that if Council cuts the tax rate, we need to look at services to be cut to achieve that savings. It will cost the citizens in services for that cut. With the conclusion of the discussion, no action was taken by City Council at this time. The budget and tax rate would be considered again in public hearing on November 14, 1988. City Council remained in open session. The City Attorney discussed with City Council a proposed contract for sale of the Milford Street Parcels to the Metropolitan Transit Authority. Issues of the contract for possible counter offer were reviewed for direction to the City Attorney. No action was required of Council. Council Comments: Mayor Parks reviewed the Harris County Appraisal Board nomination. He had talked to one nominee, Jack Wright, by telephone and could recommend him for the nomination. Mr. Wright indicated he would be pleased to visit with Council at their convenience. Members of City Council generally concurred with the Mayor's recommendation. The nomination would be on the agenda for the regular session on November 14,1988. Staff Report: City Manager, Richard Rockenbaugh, distributed copies of a draft agenda for Council's review. Adjournment: With no further business to come before Council at this time, Mayor Parks declared the meeting adjourned at 5:50 p.m. C) " PUBLIC HEARING ON PROPOSED 1989 BUDGET MONDAY, NOVEMBER 14, 1988 COMMUNITY BUILDING, 6104 AUDEN 7:30 P.M. City Council convened in the Community Building, 6104 Auden Street, in the City of West University Place, on Monday, November 14, 1988, wi the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, By.itton and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, the Fire Chief and the Chief of Police. Mayor Parks announced the purpose of the public hearing was for City Council to receive questions and comments from all those who wished speak concerning the proposed budget for fiscal year 1989. Mayor Parks explained to the audience that the assessed valuation of property is determined by the Harris County Appraisal District which is not under the control of the City Council. City Council heard comments last Monday, November 7, and Saturday, November 12, 1988. While there has been some misinformation, there has been a great deal of turn out of the citizenry. An example of misinformation is that some residents--- one lady wrote in and said she would have a 20% increase in taxes---her taxes actually went down by $9.00. Mayor Parks stated that the last time Council met in public hearing, we tried to adjust the rate from the comments received at that time. We hoped to be able to cut some items and yet be fiscally responsible so that when we do sell bonds we maintain the City's financial integrity. Mayor Parks used the overhead projector to share the following information with the audience: "Tax Rate Comparisons Original Amended Proposed Propos 1987 Rate 1988 Rate 1988 Rate General Fund $ 0.32 $ 0.3106 $ 0.2900 Debt Service 0.092 0.1400 0.1400 Total Rate $ 0.412 $ 0.4506 $ 0.4300 * The new proposed rate represents a $.0206 savings over the originally proposed rate or; * A savings of $32 per year on the average home val ue. II 1)-<r"1 Public Hearing on the Budget, November 14, 1988 "TAX REVENUE CURRENT TAX COLLECTIONS 1988 Budget Original Proposed 1989 Budget Amended Proposed 1989 Budget General Fund $2,268,850 $2,336,950 Debt Service 1,175,100 $2,236,950 1,175,100 Total Current Tax Revenue $2,943,250 $3,512,050 $3,412,050 * The amended 1989 Budget represents a reduction in general fund tax revenues of $100,000 from the originally proposed budget. * The increase of $468,800 of total taxes from the 1988 Budget to the 1989 Budget is to fund debt service requirements." IIPROPERTY VALUES YEAR BUILT ADDRESS TAXABLE VALUE TAX 1949 3807 Ruskin (1987) $ 55,500 $ 229. (1988) 49,050 211. 1936 3129 Robinhood (1987) $124,150 $ 512. (1988) 97,150 418. 1985 3814 Rice (1987) $156,800 $ 646. (1988) 205,400 883. 1986 3820 Rice (1987) $148,000 $ 610. (1988 ) 241,100 1,037. 1938 6427 Buffalo Speedway (1987) $240,000 $ 989. (1988 ) 389,430 1,675. * 1988 tax is calculated at the new proposed rate of $0.43 per $100 value." &I~II'~ 1Sl. I __ I. t)~ ~blic Hearing on the Budget, November 14, 1988 HAREA TAX RATE SURVEY JURISDICTION 1988 TAX RATE Houston .63 Sugar Land .48 Bellaire .50 Southside .22 Friendswood . .695 Deerpark .66 Jersey V111 age .7304 Missouri City .529 Harris County .49293 HISD .7879 West University .4300" The new proposed rate, in response to comments, is to reduce the rate by 2t per $100, which represents a $.0206 savings. In terms of approximate dollars of city budget tax revenue, the current tax collections, represents a reduction of $31,000 in the budget. The Harris County Appraisal District appraised the value on all property in the city as the same instead of appraising property on a case by case basis which may lead to some inequities throughout the City. At this time we are going to open the hearing for comments and questions from the audience Chuck Gillan, 3620 Georgetown, deep in the heart of our City. The Poor Farm Ditch is ~ next door neighbor to the west. I am nearly 74 years old and have lived here since 1945. I am speaking only as an individual. Our City has a wonderful reputation where loyalty, concern for others and a strong sense of community reflects both the people who live here and those who are employed by us. I am here to protect that reputation which is priceless. I attended last Monday's meeting to see what was going on. There was a lot of talk about taxable values and tax rate. Sadly, I came away feeling that ~ home and my city were being attacked by "Citizens for Efficient Government". I hereby request that they register themselves with the recording secretary with names, addresses and telephone numbers of officers, etc. I want to know who you are, what you want, why you want it and how you propose to t)..'l'" Public Hearing on the Budget, November 14, 1988 get it. Any other groups, including the WUP Party, will please do likewise. The Harris County Appraisal District by law appraises every piece of real and personal property in Harris County subject to ad valorem taxes, on a continuing basis. I personally know Mr. Graeber, its chief, and some of his staff. They are honorable public employees who have an enormously difficult job. West University paid them, by law, an average of about $6.00 to appraise each residence. Considering the price paid and the difficulties of the job, we got our money's worth. Incidentally under our ad valorem tax system, economic hardship unfortunately is not a legal basis for changing the appraised value. Additionally hardship in itself is not a legal basis for changing the tax rate. In 1987, the district appraised market value of my home was $680,900. In 1988, it was reappraised to $230,000 which the law has required and is much more accurate to current market value. We are here tonight to discuss the 1989 Budget, the 1989 tax rate and 1989 taxes. Based on the information just supplied, my 1989 taxes, at the proposed rate of 43t will be about $806.00. This translates into a daily rate of $2.21, and an hourly rate of 92t. At a 41.2t rate, the figures will be $772.00 per year, $2.12 per day and 88t per hour. Incidentally my legal city exemptions are $42,850. When you speak to us tonight, I challenge you to disclose fully, as I have, how much you will participate in actual dollars and cents. Forget the percentage and present your case in a different way to let us all know what your actual dollar involvement really is - the way 1 have just done. If by your actions you upset the job security of our employees, the internal security of our citizenry, the external security of our boundaries, or the general quality of life here, I will be disappointed. If you decrease the value of my home, you will have hurt me economically, as well as yourselves and I will consider you thankless for all I have given to this small but very fine city. Thank you very much for your attention. Dorothy Reiger, 6516 Brompton, stated she had been working with the senior services and she felt City Council was doing a great job of phasing them out of West University Place. Mrs. Reiger felt that the people who had lived in the city for a long time had contributed to the city in many ways, one way was in the contribution of green space. Mrs. Reiger thought the contractors and builders should have to pay for the damage to our city. Marcile Hollingsworth, 6441 Sewanee, read a written statement signed by herself and M. D. Wickerham, 6503 Sewanee, as follows: ""1 r -; ~" 1 " :""01 "ilnll ""..11_ IAL...... ... I ... .... - ..f Public Hearing on the Budget, November 14, 1988 f'l'-~ -. HMayor Michael Parks, Members of the City Council, West University Place Even though none of us wants to pay higher taxes, we realize that we cannot have the quality of life we want in West University Place without paying for it. We met with Donna Sims on November 3 and she explained the need for the increase in taxes in a very straightforward manner. We would like for you to know that there are many citizens including those over 65, who do support you in your efforts to maintain West University's city services at their present level. We, your supporters. need to be more vocal. We attended the meeting on November 7 and were disappointed in the apparent unwillingness of many persons there to listen to any discussion of the needs of the city. Mayor Parks is to be commended for the way he presided over a very hostile meeting. We would like to suggest that the Council look for creative ways to reduce the tax burden of the older citizens as we face even another increase in the land values in West University. A fixed exemption on the improvement value with a percentage exemption on the land value might be a workable solution. Secondly, we would like to see an exemption for those owners who have a house built on half of a double lot. They provide open green space for all of us. Please vote your convictions considering the needs of all of the citizens of West University; you do have supporters. Is/M. D. Wickerham 6503 Sewanee IslMarcile Hollingsworth 6441 Sewanee" C. W. Roberts, 3424 Rice Blvd., stated he had been retired for 23 years. He was property poor and he would like these people who do not want their taxes increased to tell me where they can get the services that we get here. He did agree that the we should provide more green space. He stated he is maintaining a double load on Rice and Sewanee. Mr. Roberts stated he could not speak for the senior citizens as he was not yet 87 years old. Milton Murphy, 6628 Mercer, stated he had just turned 65 and was still working. He hoped to be able to retire in West University Place but it did not look hopeful. Mr. Murphy wanted to touch on a few items of the budget. The budget shows an assistant city manager in both operations and administration. He wanted an explanation why the city has this many assistant city managers. Mr. Murphy suggested the retirement of city vehicles be staggered so that they do not all have to be replaced in one year. Mr. Murphy also stated he would like to see the water bills changed so that the sewer charges are more equitable. He was Public Hearing on the Budget, November 14, 1988 f'l#.... . .. . f" critical of the purchase of a VCR and equipment for the Police Department and the use of Crown Victorias instead of smaller cars. Bob Kelly, 3720 Plumb, stated he had lived in the city since 1975. He served on the PTA Board for the last three years and was president of the soccer club. He mentioned this to familiarize the audience with his interest in children. He noticed that in this year's budget there is money proposed for the parks and improvements. He stated he was concerned for the over 65 and felt there needed to be a balancing act. The children numbers are increasing annually. The parks are getting high utilization. He appreciated and supported the efforts to study the park situation. Steven Toomey, 6344 Rutgers, stated he was a resident of 12 years. Mr. Toomey stated he thought there was not a person in this room that wants to see city services cut, but there is a difference in cutting services and managing city services. He commented on the use of a portion of the fund balance. If the city needs a tax increase to provide for the general well-being of the public, he thought the majority of the people would support the City Council and staff. He thought there should be a strong consideration given to what was the actual assessed value of the city on January I, 1989. The large new homes - make a reasonable assumption that the value will be increased next year. Assume we leave the rate for next year's budget the same. Then spend part of the fund balance. He suggested City Council give every consideration to the rate, to lower the tax rate as soon as possible. Susan Rachlin, 2915 Pittsburg, stated she had served on the Zoning and Planning Commission for the last three years, and in that capacity she has worked with the City Council. Mrs. Rachlin said she believed everyone was working to keep spending down. She thought it was important that the city's bond rating be maintained as high as it is now. Mrs. Rachlin questioned using a portion of the fund balance whether it may not be fiscally responsible. Most of the homes would be impacted only 4 cents per month. Mrs. Rachlin stated she would be in favor of increasing the over 65 exemption. She did not want to give up any of the services. She thought it was extremely important to spend money on parks and improvements. Mrs. Rachlin stated she thought City Council had studied the budget very carefully. M~or Parks responded that what Council is proposing to do is control spending, to not tap the fund balance unless necessary, and to amend the budget to purchase a large capital item such as a garbage truck out of fund balance. Council is trying to control spending so that we will come out at a lower rate. Michael Niebruegge, 4136 Southwestern, stated he had lived in the City for seven years. He did not want a tax increase but he thought everyone liked the police department and fire department 00'1 r . - I "ill .'2II:~& .l.l~ . ~~._- - lool,.. ..1 ... I- J.. _ 11. n Public Hearing on the Budget, November 14, 1988 oJ and the other city services. Mr. Niebruegge thought Council should consider spending more money on parks. He felt the city was deficient in that area. Dave Agerton, 3020 Pittsburg, stated he and his wife have both served on the Parks Board, and in that capacity have come into a lot of contact with city staff. They are professional, efficient and responsive. No matter how busy they are, they all have time to see you. City Council sets the policies and staff implements them. The City Manager is the best and Mr. Agerton did not believe anyone in the room would disagree. The fire department and police department response time is the very best. The Parks Board did some beautifying City Hall with donated plants and city staff donated their time to assist in the planting on their own time. City Council cut the parks plan by 751. Mr. Agerton stated he had witnessed staff spending money very carefully. At one time, Mr. Agerton requested parks money be included in the bond issue. However, City Council made the decision to not include any money for parks in the bond issue. Mr. Agerton said he respected Council's decision. Larry Kelly, 3319 Georgetown, stated he hoped the city does not conclude these hearings by being for or against the City Council. Under the time he has lived in West University Place, he has witnessed some excellent work by the volunteers who are present and listening. He asked for a roll back in the tax rate because right now we do not have anything in place to protect those with fixed incomes. When Council was looking for some hope, did you take into account the permits that are out but not on the tax roll. Mayor Parks responded that the City operates with the appraised roll that we are given by the Harris County Appraisal District. Mr. Kelly stated further that the residents do value our services. However, many people are going to have a hard time with this tax increase and need to keep the City's tax rate as low as possible. Barbetta Wood, 2923 Villanova, stated her concern was for the senior citizens. She thought there would be quite a bit of increased money received from the new homes. Ms. Wood suggested City Council consider giving the senior citizens an increase in the over-65 exemption. Mark Spradling, 3315 Sunset, stated his taxes had gone up. Mr. Spradling said that what we have been talking about is the confines of the assessed valuations and the tax rate. The City can only set the tax rate. Mr. Spradling suggested the City Council explore ways to support the citizens in protesting their taxes. The simple fact is that the values in West University Place have gone up. We have the Harris County Appraisal District's raises. Bel'aire's tax rate is at 50t/$100 and Houston's is 63t. Even at the 45t rate, the citizens were getting Public Hearing on the Budget, November 14, 1988 fl.'" I... a break. Mr. Spradling did not think the City could afford to cut services. The cost of living in the nation generally is going up. He thought to use fund balance would be a quick fix and he was not in favor of that. He stated he would be in favor to increasing the over-65 exemption. O.W. Van Dyke, 6438 Buffalo Speedway, stated he has lived in West University Place for 15 years. He stated he thought the problem was not with the tax rate, but rather with the appraisal district. His overall valuation went up approximately 231. Mr. Van Dyke thought that if the appraisal goes up, the tax rate needs to go down. Mr. Van Dyke asked if the fund balance was invested. Mayor Parks responded that the money was invested to give the highest possible yield. There is a 8.31 net income from investments. Debbie Greenleaf, 4210 Ruskin, stated she thought it was probably going to be necessary to raise taxes to maintain city services and improve our parks. Ms. Greenleaf suggested that, if it is necessary to increase taxes, City Council consider increasing the over-65 exemption. Russ Schulze, 3518 Rice Blvd., a 15-year resident, stated he supported the need to maintain city services. However, he had a feeling for the over-65 residents. At the same time, he was in support of park improvements. The City has a very growing population of children. This City has spent very little money on parks development. Some of the things the residents are asking the City to help us in today will be supplemented in the future. Mr. Schulze suggested Council look at increasing the over-65 exemption. Lynn Simoneaux, 2833 Tangley, stated that at first she was disturbed about the tax increase, but she really did not want to cut city services. David Healey, 2903 Nottingham, asked how much cash the city had at this time. The Director of Finance, Donna Sims, stated there was $5,000,000 in the general fund and $2,000,000 in the water-sewer fund. Mr. Healey asked what the valuation was last year. Mayor Parks responded that the assessed valuation in 1987 was $767,944.750 and in 1988 it was $837,324,500, a difference of approximately 81. There was a drop in the appraised value in 1986, which has come up, but not all the way up in 1988. Mr. Healey asked if there were new homes that were still on the rolls as vacant lots. 0' r ~o J ".If "';11:11 a~JI,;. 111.__.. . I .; .I L_ I . Public Hearing on the Budget, November 14, 1988 Ilf"" Councilmember Britton stated a house is not on the roll when it is finished. Councilmember Schwartzel explained the Harris County Appraisal District pulls the penmits through the year to keep the rolls up to date. Mr. Healey stated he protested his appraisal and the appraisal district indicated to him that they did an individual appraisal of hi s property. Whitt Johnson, 3216 Nottingham, a 31-year resident, felt that there was not a person in the room that understood the City better then he did. He stated he did have some concerns about the City. He was concerned about the issuance of $7,000,000 in bonds when he could so no reason for the city to do that. He thought the bonds might have been issued on a $3,000,000/$3,000,000 basis. Mr. Johnson did not think the city could spend $7,000,000 on the infrastructure in the City in the next few years. Mr. Johnson thought the City did not have to sell the bonds; they could have been authorized but not sold until the city needed the money. Mr. Johnson asked if the city were on a cash or accrual basis. Donna Sims responded the City operated on a modified accrual basis. The water-sewer fund is on an accrual basis according to acceptable accounting procedures for governments. Mayor Parks explained to Mr. Johnson that the city received the best bids in its history. The rate on the bonds actually is 7.3115141. That is what the city will pay; the net effective costs to the city. If Council had done a $3,000,000/$3,000,000 split issuance, we would have had to go back to the rating agency to sell the latter issuance and that would have been an additional cost to the City to do that. Mr. Johnson did not think the City would spend $7,000,000 in the next three years. He questioned the fiscal responsibility of the City Council and stated he thought someone should have looked at it very closely. Mayor Parks assured Mr. Johnson that City Council did look at the bond issue very carefully. Robert R. Park, 3752 Plumb, stated he wanted to speak to a misconception. He wanted to maintain the police department and the fire department services and that they will be fairly compensated. He wanted to asked the citizens if they were interested in better government and better management. Jim Jenkins, 3825 Northwestern, stated he had read the comprehensive financial report from 1987. In that report there were several listings of .other charges" Mr. Jenkins stated he thought the City Manager could find ways to cut costs. He asked what the effective tax percentage would be at 43t. Public Hearing on the Budget, November 14, 1988 'no~ Donna Sims responded it would be a little over 5S. . Frances Arrighi, 3036 Albans, a resident of 19 years, stated that she could suggest a way to cut expenses without a reduction in services. There are a few things she did not recommend cutting and that was salaries. Dr. Arrighi suggested the $30,000 for the parks planner was a waste of money and would rather Council spend that money on park land. She thought the senior citizens were sort of desperate and suggested Council consider lowering the age as well as increase the exemption. Dr. Arrighi did not change the purchase of the garbage truck. She asked if there would be any increase in mosquito control and, if not, she thought it needed to be done. Dr. Arrighi thought the budget was heavy with video equipment. She further stated that it is the legislature where the citizens should go and make their voices heard. Richard Edelman, 6535 Vanderbilt, stated he has lived in West University Place seven years and has three children. It was his understanding that the City Council are serving us without much pay and taking time out from their flMilies to solve the residents' problems. Mr. Edelman thought they deserved more respect than they were getting from the citizens tonight. Mr. Edleman stated he thought the city services were a bargain. He also agreed that if the over-65 citizens need a break on taxes, we ought to give it to them. Reid Wilson, 6107 Lake, stated he had lived in the City seven years. Mr. Wilson stated he had worked with the Council over the years and he knew City Council took their responsibilities ver,y seriously. He thought Council was making some tough decisions. The residents elected you and they need to support you. Mr. Wilson thought it would be very difficult to cut services. He knew there was talk earlier about parks and the budget was cut for parks. Mr. Wilson thought that was a shame. The level of services can not be cut and the tax rate is in line with other cities around us. Mr. Wilson stated he was in support of the bond issue - that above all, the City must have water and sewer line replacements. Mr. Wilson also would support an increase for the over-65 senior citizens. Connie Clark, 4232 Sunset, stated she thought the City Council was responsible and city staff professional. She thought there should be some innovative ways to increase the city's revenues through the huge development that is going on in the city. Terrie Dickinson, 3514 Amherst, said she thought the city needed to balance expenses with revenues. She agreed with an increase of the over-65 exemption but asked for more benefits like parks and school crossing guards. She would like to see the city services maintained and, if it takes higher taxes, she was willing to pay them. 'I r ~ I , III -:1:iD _.;~a... ....--. . I .. J . . Public Hearing on the Budget, November 14, 1988 Il"" Joan McCay, 3029 Carnegie, stated the quality of life was not as good as it used to be. It you look at the houses being built, they have iron bars on them and no green space. People talk about the grand services. We no longer have any police patrol. Our streets are constantly torn up. It is the enforcement of our city ordinances that is imperative. Ms. McCay thought the budget could be cut considerably. Chuck Gillan, 3620 Georgetown, stated he had listened sympathetically and carefully to everyone who had spoken. He was sympathetic to those over 65 who are having trouble keeping up with the tax increase. He was in favor of giving an increase in the over-65 exemption for those who are truly deserving. Dave Agerton, 3020 Pittsburg, did not think the City could cut staff, for each city staff member serves 102 residents. He thought this was a high figure in comparison with surrounding cities. Mark Spradling, 3315 Sunset, felt like the quality of life in West University Place was very good and he was very pleased with it. We are trying to replace some infrastructure and it needs to be continued. He was skeptical of anyone who wants the same services but does not want the taxes to go up. To keep those services, we are going to have to be Willing to tax ourselves. .Mr. Spradling stated he was willing to tax himself. He was skeptical of using fund balance for operating and maintenance. Whitt Johnson, 3216 Nottingham, stated that all the good things in the City happened before yesterday and he was part of it and a park was named after him. He offered a proposal to increase the over-65 exemption from $42,850 to $57,500. At your rate of 43t, $63.21 would be saved. He suggested increasing the veterans exemption. Mr. Johnson asked if Council sold the Westpark Property. Mayor Parks responded that Council hired the best condemnation ~ounse1. We conveyed title by agreement, but the alternative was condemnation and the City received 1.7 million dollars for the property. Mr. Johnson said he heard City Council was considering buying the JMH property to put a park there. Mayor Parks responded it has been considered but no contract has been consummated. Jim Jenkins, 3825 Northwestern, stated the comprehensive financial report had a total of over $800,000 in Rother charges.. This budget for 1989 gets real specific. Mr. Jenkins was shocked at what Council was trying to do. He had looked at the 1988 budget to find ways to cut costs. He suggested cutting salaries. He was looking at a tax increase and he was looking for ways to cut expenses. Public Hearing on the Budget, November 14, 1988 ~00 Terrie Dickinson, 3514 Amherst, did not think it was fair for people to come in protesting the budget when they had all summer to contribute during the budget process. She suggested that the citizens have seemed discontent that Council has done a good job. She believed that the tax increase was necessary. you Barbara Nelson, told Council she had respect for them. She stated she was not a senior citizens and their children are in the school. She did not see a notice in the paper of budget meetings or she would have been there listening. She thought there needed to be better communication with the citizens. Kyle Pentecost, 2606 Centenary, stated he was a developer and tries very hard to build a good product. It disturbed him when people state that all the problems are caused by developers. We try to do the best we can. There might be some budget cutting, but he thought Council was going a good job. John Cook, 3705 Robinhood, stated he thought the City has excellent services and he thought 3 1/2% a little increase for employees. He suggested Council use the fund balance and drop the tax rate. Mayor Parks responded that using fund balance would be viewed as a lack of fiscal responsibility. Mr. Cook did not like the way the City fixed streets using loose gravel on them. Councilmember Bell responded that the streets are patched to fill the cracks with the gravel. It is used as a sealant. Margot Hellerman, 3905 Marlowe, suggested the government must be run like a business. She thought the lack of communication was blatant this year. She thought there should be ways of cuttings costs. Ms. He"llerman said she was scared we would lose the community atmosphere. Dave Agerton, 3020 Pittsburg, addressed a $200.00 chair that was part of the 1989 budget. That chair is intended for the Municipal Court Clerk who has worked for the city for seventeen years. He thought it to be a valid expenditure. The chairs in the council chamber were recovered by the Texas Department of Corrections at a great savings to the city. Written comments were received to be copied and distributed to the members of City Council. With no further comments at this time, motion was made by Councilmember Bell, seconded by Councilmember Bryan, that the Public Hearing on the Budget adjourn. Such motion carried and the public hearing adjourned at 9:55 p.m. Public Hearing on the Budget, November 14~ 1988 C) '" .~ Mayor 1 J... REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 14, 1988 COMMUNITY BUILDING 6104 AUDEN STREET 10:05 P.M. City Council convened in regular session in the Community Building, 6104 Auden, in the City of West University Place, on Monday, November 14, 1988, with the> following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Fire Chief and the Chief of Police. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item . ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Councilmember Schwartzel, seconded by Councilmember Bryan. that the consent agenda be approved in accordance with staff recommendation. ORDINANCE REGULATING RESIDENTIAL PICKETING: Mayor Parks presented Ordinance Number 1328 for second reading and read the caption, as fo 11 ows : ORDINANCE NUMBER 1328 AN ORDINANCE RELATING TO RESIDENTIAL PICKETING; DECLARING IT TO BE UNLAWFUL FOR ANY PERSON TO ENGAGE IN PICKETING BEFORE OR ABOUT THE RESIDENCE OR DWELLING OF ANY INDIVIDUAL IN THE CITY; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1328, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Regular City Council Meeting, November 14, 1988 ~ Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Ordinance be adopted as presented on second reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ORDINANCE APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1989: Mayor Parks presented Ordinance No. 1329 and read the caption, as follows: ORDINANCE NUMBER 1329 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNNING JANUARY 1, 1989 AND ENDING DCEMBER 31, 1989; APPROPRIATING FUNDS FOR SUCH BUDGET; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY. Copies of Ordinance Number 1329, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Britton, seconded by Councilmember Bryan, that Ordinance Number 1329 be adopted on first and final reading as presented. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ORDINANCE LEVYING AND ASSESSING AN AD VALOREM TAX: Mayor Parks presented Ordinance Number 1330 and read the caption as follows: ORDINANCE NUMBER 1330 AN ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR TAX YEAR 1988; CONFIRMING AND GRANTING EXEMPTIONS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY. Copies of Ordinance Number 1330, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that Ordinance Number 1330 be adopted on first and final reading as presented. Regular City Council Meeting, November 14, 1988 o Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM: Mayor Parks presented Ordinance Number 1331 and read the caption, as follows: ORDINANCE NUMBER 1331 AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 64.202(f), 64.204, 64.405,64.406 AND 64.410 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED BY THE 70TH LEGISLATURE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. Copies of Ordinance Number 1331, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Ordinance Number 1331 be accepted as presented on first reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ORDINANCE PROVIDING FOR VESTING OF EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM: Mayor Parks presented Ordinance Number 1332 and read the caption, as follows: ORDINANCE NUMBER 1332 AN ORDINANCE PROVIDING FOR AND ALLOWING VESTING OF CERTAIN RIGHTS, AND FOR RETIREMENT UNDER TEXAS MUNICIPAL RETIREMENT SYSTEM OF EMPLOYEES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, WHO HAVE ATTAINED TWENTY YEARS OR MORE YEARS OF CREDITABLE SERVICE WITH CERTAIN CITIES. Copies of Ordinance Number 1332, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that Ordinance Number 1332 be accepted as presented on first reading. Regular City Council Meeting, November 14, 1988 1 Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: NOMINATING A CANDIDATE TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT: Mayor Parks presented and read Resolution Number 88-14. RESOLUTION NUMBER 88-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, NOMINATING A CANDIDATE TO FILL THE UNEXPIRED TERM OF A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT. WHEREAS, the incumbent member of the Board of Directors of the Harris County Appraisal District elected by those incorporated cities and towns, other than the City of Houston, participating in such District, has submitted his resignation as a member of said Board; and WHEREAS, such cities and towns now have the right and the responsibility to elect a person to fill the vacancy on the Board of Directors created by such resignation; and WHEREAS, the City Council desires to nominate a candidate to fill such vacant position on the Board of Directors of said District for the remainder of the current term of that position, to wit: through December 31, 1989. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this Resolution be, and they are hereby, adopted, ratified and confirmed. Section 2. That Jack Ledford Wriqht be, and he is hereby, nominated as a candidate to serve the remainder of the current term of that position on the Board of Directors of the Harris County Appraisal District to be filled by those cities and towns, other than the City of Houston, participating in such District. Section 3. That the Mayor be, and he is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this Resolution to the Chief Appraiser of the Harris County Appraisal District on or before November 15, 1988. Regular City Council Meeting, November 14, 1988 ~ , I Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 6. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this the 14th day of November ,1988. Counci1members Voting Aye: Counci1members Voting No: Counci1members Absent: Signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary (SEAL) Approved as to Form: James L. Dougherty, Jr. City Attorney ...t .. , z., ...,...... Regular City Council Meeting, November 14, 1988 Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that City Council adopt Resolution Number 88-14 as presented and read. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None PRIORITY AREA 1. SANITARY SEWER RENOVATION. WEST UNIVERSITY PLACE FIRST SUBDIVISION: This item was removed from the agenda at the request of the City Manager, Richard Rockenbaugh. AUTHORIZATION TO ADVERTISE FOR BIDS: Consideration was given to authorize advertising for bids to fully automate the Wakeforest Water Plant. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council authorize advertising for bids for construction to fully automate the Wakeforest Water Plant. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was given to the invoices totaling $12,356.02 submitted by Langford Engineering, Inc., for engineering services provided on utility projects, as follows: (a) Invoice No. 5653 in the amount of $772.94 for Phase 2, Priority Area No.1, Sanitary Sewer in West University 1st Subdivision; (b) Invoice No. 5654 in the amount of $9,762.54 for Priority Area No.2, Sanitary Sewer in College Court Subdivision; (c) Invoice No. 5655 in the amount of $1,820.54 for study to fully automate the Wakeforest Water Plant. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None EMERGENCY REPLACEMENT OF WATER WELL #8 STARTER: Consideration was given to the invoice in the amount of $895.71 submitted by Harold Regular City Council Meeting, November 14, 1988 E. McConnel, for engineering services in connection with the replacement of Water Well #8 starter. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $895.71 by approved for payment to Harold E. McConnel. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None PRIORITY AREA 2. SANITARY SEWER RENOVATION IN COLLEGE COURT SUBDIVISION: Consideration was given to Monthly Estimate No.2 in the amount of $114,805.61 submitted by Bearden Contracting Co., Inc., for work performed through October 31, 1988, on the sanitary sewer renovation project in College Court Subdivision. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council approve for payment Monthly Estimate No.2 in the amount of $114,805.61 submitted by Bearden Contracting Co., Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $5,861.96 submitted for legal services provided on the City's behalf for the month of October, 1988. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council approve for payment the invoice in the amount of $5,861.96 submitted for legal services for the month of October, 1988. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None COUNCIL COMMENTS: No member of City Council had anything further for discussion. STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council IS consideration at this time. CITY COUNCIL ~CCTINC MINUTCS: Minutes of the City Council meetings were presented for consideration, as follows: (a) City Council Workshop Session, October 20, 1988; (b) City Council Regular Session, October 24, 1988; Regular City Council Meeting, November 14, 1988 (c) City Council Workshop Session, October 24, 1988. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the minutes be approved as submitted. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ADJOURNMENT: Mayor Parks thanked the residents for attending the public hearing and council meeting. With no further business to come before City Council, motion was made by Councilmember Schwartzel, seconded by Councilmember Bell that the meeting adjourn. Such motion carried and the meeting adjourned at 10:23 p.m. Michael L. Parks Mayor CITY COUNCIL WORKSHOP SESSION MONDAY, NOVEMBER 21, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7;00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Monday, November 21, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan and Bell. Councilmember Schwartzel came in at 7:07 p.m. Councilmember Britton was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Operations and the Chief of Police. HEARING OF RESIDENTS Mark Spradling, 3315 Sunset, suggested that if Council decides to increase the over-65 exemption, to phase it in so that senior citizens never have a large amount of decrease in one year and then perhaps have an increase another year. Mr. Spradling asked Council to consider some type of building fee on living space to be used for the purpose of increasing the existing park land. He suggested that, if Council purchases the JMH property, to consider using all five lots as park area. REPORT AND PRESENTATION BY PARK PLANNER Charles Tapley and Jim Patterson, from Tapley-Lunow Architects met with Council to present schematic drawings of proposed alternative uses for the JMH property if it is purchased. It was the general recommendation from Mr. Tapley that, with the other parks in the City and the West University Elementary School playground, that this park be a more passive park with perhaps an area designed for toddlers. The proposed diagrams of park layout indicated the predominant use of trees with some paving pulling the more active part of the park into the center and away from the residential areas to the west. No action was required of City Council at this time. DISCUSS MASTER PERMIT ORDINANCE City Attorney, Jim Dougherty, presented a draft of the Master Permit Ordinance for Council IS review. The proposed ordinance brings together various building codes, electrical code, plumbing code, etc. under one major framework. It clarifies definitions and strengthens enforcement of the codes. After review, City Council agreed the proposed ordinance should be distributed to builders and architects to receive their written comments before Council decides to take action. City Council Workshop Session, November 21, 1988 ~o DISCUSS ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES Jim Dougherty presented a draft of an ordinance regulating sexually oriented businesses for review. The proposed ordinance has been upheld by the district court and is modeled after Houston, Dallas, and Austin ordinances. Mr. Dougherty pointed out that it was important the ordinance be written carefully so that it does not regulate the first amendment. The types and effects of the ordinance is not to regulate speech but to protect the surroundings. Chief of Police, Steve Griffith, advised Council that he reviewed the ordinance and found it to be regulations to which the police department would be reasonably able to respond. City Manager, Richard Rockenbaugh, suggested the danger to the City was with the vacant buildings. Councilmember Schwartzel asked if the ordinance would provide church, school and residential space regulations. Jim Dougherty advised that, if the ordinance includes space requirements for all three, it would basically ban sexually oriented businesses which could cloud the legality of the ordinance. Mr. Dougherty recommended Council consider putting the regulations in the zoning ordinance because of the way the state statute is written. City Council agreed to regulate on the basis of schools and the City Attorney would review including churches in the space requirements. Jim Dougherty would report back at the next workshop session. REPORT ON WESTPARK DRIVE EXTENSION CONTRACT The City Attorney advised that there was nothing to report from the Metropolitan Transit Authority. A counter offer was submitted to Metro's representatives, however, Mr. Dougherty had not received any communication from them at this time. DISCUSS WARNER CABLE FRANCHISE Susan Hodge, Municipal Administrative Services, Inc., reviewed the proposed cable TV franchise renewal contract with Council. The City Attorney presented comments relevant to the document. City Council suggested several changes and it was agreed that Ms. Hodge would forward these to Warner Cable for their consideration. No action was required of Council at this time. City Council Workshop Session, November 21, 1988 DISCUSS FRANCHOPHILE COMMITTEE This item was removed from consideration at the request of Mayor Parks. DISCUSS AND CONSIDER PROPERTY ACQUISITION RELATIVE TO THE JMH PROPERTY City Council remained in open session throughout the discussion. City Manager, Richard Rockenbaugh, advised Council that the contract to purchase the property had been reviewed by the attorney. He was holding the contract until after Council had the opportunity to hear the development proposals from Mr. Tapley. Mayor Parks advised that Council was now ready to proceed with the purchase. COUNCIL COMt~ENTS Councilmember Bell suggested Council consider a monthly newsletter to residents and address questions raised at the public hearings. Councilmember Bryan agreed City Council needed to improve communications, but she preferred using the "City Currents". It was generally agreed to answer residents' questions and Council would discuss the mechanism to be used. STAFF REPORT City Manager, Richard Rockenbaugh, distributed a draft of the agenda for Monday, November 28th regular council meeting. ADJOURNMENT With no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 11:00 p.m. Michael L. Parks Mayor () REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 28, 1988 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, November 28, 1988, with the following members present: Mayor Pro Tern Bryan, presiding; Councilmembers Bell, Britton and Schwartzel. Mayor Parks arrived at 8:05 p.m. Also present were the City Manager, City Secretary, City Attorney, Director of Operations, the Fire Chief and the Chief of Police. Mayor Pro Tern Bryan delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Pro Tern Bryan invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Mr. Edward Ites, 4115 Law, addressed Council and stated his concerns relative to his son and an encounter with one of the police officers. Mr. Ites thought there had been a misunderstanding and wanted to bring the situation to Council IS attention. Mayor Pro Tern Bryan thanked Mr. Ites for appearing before Council and advised that she would refer the matter to city staff for a complete report to Council. She assured Mr. Ites that he would be contacted by city staff. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Pro Tern Bryan invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Schwartzel asked that agenda item No. 15, Bond Counsel Services, be removed from the consent agenda. Councilmember Schwartzel offered the following: liTo Audrey Nichols 11/28/88 I will abstain from voting on Item 15 of Agenda as it related to fees to be paid to Vinson & Elkins of which I am a partner. I have already filed an affidavit as respects my interest in the firm and this matter. Is/C. Boone Schwartzel" CONSENT AGENDA: Motion was then made by Councilmember Schwartzel, Regular City Council Minutes, November 28, 1988 seconded by Councilmember Bell, that with the exception of Item No. 15, the consent agenda be approved in accordance with staff recommendation. Voting Aye: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks Voting No: Absent: ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM: Consideration was given to the second reading of Ordinance Number 1331. Mayor Pro Tern Bryan read the caption, as follows: ORDINANCE NUMBER 1331 AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 64.202(f), 64.204, 64.405, 64.406 AND 64.410 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED BY THE 70TH LEGISLATURE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. Copies of Ordinance Number 1331, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that Ordinance Number 1331 be adopted as presented on second and final reading. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks ORDINANCE PROVIDING FOR VESTING OF EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM: Consideration was given to the second reading of Ordinance Number 1332. Mayor Pro Tern Bryan read the caption, as follows: ORDINANCE NUMBER 1332 AN ORDINANCE PROVIDING FOR AND ALLOWING VESTING OF CERTAIN RIGHTS, AND FOR RETIREMENT UNDER TEXAS MUNICIPAL RETIREMENT SYSTEM OF EMPLOYEES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, WHO HAVE ATTAINED TWENTY YEARS OR MORE YEARS OF CREDITABLE SERVICE WITH CERTAIN CITIES. Copies of Ordinance Number 1332, in the form required for adoption, were available to all members of City Council and a 4 Regular City Council Minutes, November 28, 1988 reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that Ordinance Number 1332 be adopted as presented on second and final reading. Voting Aye: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks Voting No: Absent: APPOINTMENT TO SENIOR SERVICES BOARD: Consideration was given to Resolution Number 88-15 appointing Randy Hardy to the Senior Services Board to fill the vacancy for an unexpired term. Mayor Pro Tern Bryan read the following: RESOLUTION NUMBER 88-15 WHEREAS, it is the obligation of the City Council, pursuant to provisions of the City Charter and ordinances heretofore adopted, to appoint members to various boards; and WHEREAS, the Mayor and members of the City Council have contacted qualified citizens to serve on the Senior Services Board of the City of West University Place, Texas; and WHEREAS, one member, Kenneth H. Pearce, submitted his letter of resignation because he is moving out of the City; and WHEREAS, the Mayor and City Council accepted Mr. Pearce's resignation with sincere regret; and WHEREAS, Randy Hardy has indicated a desire and willingness to serve as a member of the Senior Services Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Randy Hardy be appointed to serve as a member of the Senior Services Board. Section 2. That Randy Hardy, shall serve the Senior Services Board without compensation. Section 3. Senior Services Election of the appointment and That Mr. Hardy shall serve on the Board until the next regular City City Council and thereafter until the qualification of his successor. Regular City Council Minutes, November 28, 1988 .. - '\ V Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 6. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this 28th day of November ,1987. Councilmembers Voting Aye: Councilmembers Voting No: Counci1members Absent: Signed: ATTEST: Beth Ann Bryan, Mayor Pro Tem Approved as to Form: Audrey Nichols City Secretary (SEAL) James L. Dougherty, Jr. City Attorney ,. , "f , r ,.'" . , " ._'ut . ~'1t':'I'II: r) Regular City Council Minutes, November 28, 1988 Motion was made by Councilmember Britton, seconded by Councilmember Bell, that Resolution Number 88-15 be adopted as presented and read. Voting Aye: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks Voting No: Absent: Mayor Pro Tern Bryan administered the Oath of Office to Randy Hardy. APPRECIATION TO DEAN COWGER. FIREFIGHTER: Consideration was given to Resolution Number 88-16 expressing appreciation to Dean Cowger for his contributions to the Spooktacular Spook House. Mayor Pro Tern Bryan read the following: CITY OF WEST UNIVERSITY PLACE, TEXAS RESOLUTION NUMBER 88-16 WHEREAS, Dean Cowger entered the City's employ on December 1, 1979; and WHEREAS, since October 1981, Dean Cowger has contributed endless hours and much energy to the success of eight annual Halloween Parties and Spook Houses; and WHEREAS, Dean Cowger has constructed back drops, arranged the sound system, assisted in obtaining volunteers, participated in the Spook House and assisted in the clean up; and WHEREAS, Dean Cowger has generously and enthusiastically spent approximately 80 hours or more on each year's event, over and above his Fire Department duties and responsibilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City of West University Place, Texas, acting by and through its duly authorized City Council, hereby commends Oean Cowger for his generosity and dedication to the residents, the employees and the city. Section 2. That the City Council expresses its sincere appreciation to Dean Cowger without whom the Spook House would probably not have occurred or continued. Section 3. That this Resolution be spread in full upon the minutes of the City Council and that the Mayor be, Regular City Council Minutes, November 28, 1988 ~j and he is hereby, authorized to deliver a true copy hereof to Dean Cowger. Michael L. Parks, Mayor Beth Ann Bryan, Councilmember Buddy Bell, Councilmember H. L. Britton, Councilmember C. Boone Schwartzel, Councilmember (SEAL) ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Resolution Number 88-16 be adopted as read. Voting Aye: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks Voting No: Absent: BANK DEPOSITORY SERVICES: City Manager, Richard Rockenbaugh, opened proposals received from NCNB Texas Bank, Texas Commerce Bank N.A. - Chemical and South Main Bank. After reading the proposals motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that the proposals be referred to staff for review and analysis to determine a recommendation for award. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks RELEASE TO FIDELITY INSURANCE COMPANY: Consideration was given to approving and authorizing the release to Fidelity Insurance Company upon receipt of check for contractor's bid bond issued on behalf of Bellaire Builders, Inc. ~ Regular City Council Minutes, November 28, 1988 The City Attorney explained that this particular bond was issued on a contractor who did not come forward and enter into a contract with the City. The contractor's bid bond was called and the surety had paid the City for the contractor's failure to complete the contract documents. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that City Council approve and authorize the release to Fidelity Insurance Company for the contractor's bid bond. Voting Aye: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks Voting No: Absent: PRIORITY AREA 1~ SANITARY SEWER RENOVATION, WEST UNIVERSITY PLACE FIRST SUBDIVISION: Consideration was given to the following items submitted in connection with construction of Priority Area 1, Sanitary Sewer Renovation Project by Jamcom Construction Co., Inc: (a) Monthly Estimate No. 10 and FINAL in the amount of $1,000.00; (b) authorize issuance of Certificate of Acceptance Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell ~ that City Council approve and authorize Monthly Estimate No. 10 and FINAL in the amount of $1,000.00 and authorize issuance of the Certificate of Acceptance to Jamcom Construction Co., Inc. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks AUTHORIZATION TO ADVERTISE FOR BIDS: Consideration was given to authorize advertising for bids for the following: (a) One (1) 1989 Side Loading Refuse Truck for the Solid Waste Division; (b) Four (4) 1989 full sized Pickup Trucks for the Water Division; (c) One (1) Metal Garage for the Landfill, Solid Waste Division, 1989 Budget; (d) One (1) Dump Truck for the Water Division, 1989 Budget; (e) Uniforms for Various Divisions, 1989 Budget. Regular City Council Minutes, November 28, 1988 , Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that City Council authorize advertising for bids for the items listed. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks CITY HALL LOAN: Consideration was given to the invoice in the amount of $25,184.99 submitted by NCNB Texas Bank for principal and interest due on the City Hall loan. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that the invoice in the amount of $25,184.99 submitted by NCNB Texas be approved for payment. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks FINANCIAL ADVISORS SERVICES: Consideration was given to the following invoices submitted for financial advisory and related services in connection with the 1988 Bond Issue: (a) Financial Advisor, Lovett Mitchell Webb & Garrison, Inc., in the amount of $29,227.86; (b) Printing, Pandick Houston, in the amount of $4,713.00; (c) Rating Agency, Standard & Poor's Corporation, in the amount of $7,150.00. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that the invoices submitted for financial advisory and related services be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Pro Tern Bryan, Councilmembers Bell, Britton, Schwartzel None Mayor Parks BOND COUNSEL SERVICES: Consideration was given to the invoice in the amount of $18,008.95 submitted by Vinson & Elkins for bond counsel services in connection the 1988 Bond Issue. Mayor Parks came in at this point. Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that the invoice in the amount of $18,008.95 submitted by Vinson & Elkins be approved for payment. Councilmember Schwartzel abstained from the discussion. Regular City Council Minutes, November 28, 1988 no Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Councilmember Schwartzel Voting No: Absent: Abstaining: COUNCIL COMMENTS: No member of City Council had anything further for discussion. STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council IS consideration at this time. CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Public Hearing on Tax Increase, November 7, 1988; (b) City Council Regular Session, November 7, 1988; Mayor Parks offered the following correction to the Public Hearing on Tax Increase, November 7, 1988: Page 4, 7th Paragraph, "Mayor Parks stated his property was reappraised and his taxes were likewise increased about 47% 87%." Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that the minutes be approved as corrected. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartze 1 None None Voting No: Absent: ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that the meeting adjourn. Such motion carried and the meeting adjourned at 8:10 p.m. Beth Ann Bryan Mayor Pro Tern n ~ CITY COUNCIL WORKSHOP SESSION MONDAY, NOVEMBER 28, 1988 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 8:12 P.M. City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, November 28, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Operations and the Chief of Police. HEARING OF RESIDENTS There were none present who wished to speak. DISCUSS AND CONSIDER PROPOSED MODIFICATIONS TO BROWNING STREET Representatives from the Eastern Star Board of Directors were present. Mayor Parks explained the problems involved in the configuration of the Bissonnet/Academy intersection and with the signalization. Houston has agreed to install a traffic light at the intersection if the West University Place will reconfigure the intersection. The proposed plan calls for closing Browning street at the west end. The Board Members suggested that a curb cut from their parking lot area onto Bissonnet would help alleviate traffic problems at times of high usage of the Eastern Star facilities. It was generally agreed that a gate would be necessary to close the parking lot from those who might use it to cut through to Browning Street. After discussion, City Council concurred they would help Eastern Star with the permitting process with the City of Houston for the curb cut. Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that City Council approve and authorize the closing of Browning Street. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None City Council Workshop Session, November 28, 1988 CONSIDER AND ACT UPON PROPOSAL FOR THE EXCHANGE OF THE MILFORD/WAKEFOREST/WESTPARK DRIVE EXTENSION PROPERTY WITH THE METROPOLITAN TRANSIT AUTHORITY INCLUDING A RELATED INTERLOCAL AGREEMENT Mr. Robert MacLennan and Ginger Rocha, representing the Metropolitan Transit Authority were present. Mr. MacLennan advised Council that they were able to get seven curb cuts and can assist financially with those because Metro will have construction contractors on site. Mr. MacLennan stated that Metro would be able to work through the City of Houston to obtain a variance to the twenty-five set back line. The total consideration price offered was $120,272.80 ($18.50/square foot). Metro is willing to pay for the relocation of the building, if the City submits an executed contract to have the frame building moved. Then Metro will pay the City the consideration of $6,250.00 for the removal of the frame building. City Attorney, Jim Dougherty, recommended a restrictive covenant clause be part of the contract to provide for the protection of the City.s water well located on one of the tracts of land. Mr. MacLennan stated that the water well is protected now. State and federal codes will be complied with in that regard. However, he did not believe the contract could provide protection for a future well because no one knew where it might be located. Mr. Dougherty suggested two solutions: (1) That the contract prescribe that the construction plans and specifications will be checked by the City of West University so that there will be no pollutants to the well and (2) that the City get a restrictive covenant on the property that the City conveys. It was agreed that the two items suggested by Mr. Dougherty would be included in the contract and that there would be no charge to the City for the restrictive covenant. The question was raised whether or not the City of Houston would levy paving assessments against the City. Mr. MacLennan explained that Houston would not charge another incorporated city for their paving project. The following letter from the City of Houston was filed with the City Secretary: "Robert G. Maclennan, P.E. Assistant General Manager, Engineering Construction and Real Estate Metropolitan Transit Authority 500 Jefferson Street P. O. Box 61429 Houston, Texas 77208-1429 Reference: Westpark Paving Project from Edloe to Kirby (C.I.P. No. CN-578) City Council Workshop Session, November 28, 1988 ~~ ~ Dear Mr. MacLennan: This is to advise that the City of Houston will not assess the City of West University for the Westpark paving project from Eloe (sic) to Kirby since the City of West University is an incorporated city which will be exempt from our paving assessments. Truly yours, Jon C. Vanden Bosch, P.E. Director Department of Public Works JCV:MF:ir cc: Street & Bridge (IDI1994G; 11/18/88)U Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that the proposed sale of the Milford tracts to the MTA be, and it is hereby, approved in principle and that the City Attorne~ be, and is hereby, requested to prepare the necessary contract document in accordance with the discussion at this meeting, and such contract document shall be presented to the City Council for its consideration at the next regular meeting. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None CONSIDERATION MAY BE GIVEN TO CONVENING IN A CLOSED EXECUTIVE SESSION AS AUTHORIZED BY THE OPEN MEETINGS ACT, TEX. REV. CIV. STAT. ANN., AS AMENDED, ARTICLE 6252-17, SECTION 2(f) RELATING TO THE EXCHANGE OR VALUE OF REAL PROPERTY: WESTPARK DRIVE EXTENSION City Council agreed to not convene in closed session and remained in open session throughout the discussion of the Westpark Drive Extension. COUNCIL COMMENTS Mayor Parks advised that a Letter of Protest would be mailed to the Harris County Appraisal District Chief Appraiser, Kenneth Graeber, stating the feelings of City Council that the appraisal procedures did not always result in equitable and fair appraisals in West University Place. Councilmember Bryan asked for status reports on the historical project, code enforcement and the CARE program. . . T , SWI 'w'n a City Council Workshop Session, November 28, 1988 STAFF REPORT City Manager, Richard Rockenbaugh, had nothing further for Council IS consideration at this time. ADJOURNMENT With no further business to come before Council at this time, Mayor Parks declared the workshop session adjourned at 10:38 p.m. Michael L. Parks Mayor CITY COUNCIL WORKSHOP SESSION WEDNESDAY, DECEMBER 7, 1988 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Wednesday December 7, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, and Britton. Councilmember Schwartzel arrived at 7:15 p.m. Councilmember Bell was absent. Also present were the City Manager and the City Secretary. HEARING OF RESIDENTS Reid Wilson, 6107 Lake, requested Council consider all five lots of the JMH property for park use. Mark Spradling, 3315 Sunset, encouraged Council consider ways to acquire the JMH property and also improve Colonial Park. Mr. Spradling thought the money for parks could be found because there are enough residents interested in the program. He requested Council grant them some period of time to help promote assistance for land acquisition. REVIEW CHARTER REVIEW COMMITTEE STATUS: BETTY SELLERS Chairman of the Charter Review Committee, Betty Sellers, met with City Council to discuss the committee's proposed changes to the 1983 City Charter. Other members of the Charter Committee present were Reid Wilson, Jerry Nickell, Mark Spradling and Janet Redeker. Each section under discussion was reviewed with the members of Council. It was generally decided that the Charter Review Committee would proceed to set the date for a public hearing to present the changes under discussion to the citizens. REVIEW COMMUNICATIONS COMMITTEE PROJECTS: VICKIE HAMLEY Vickie Hamley, Chairman of the Communications Committee reported on the status of the Historical Subcommittee and the new-comers brochure. It was agreed to schedule an interview with the Historical Subcommittee and Council in January. Ms. Hamley reported that the committee was still editing the new-comers brochure but they were projecting to have an example for review in January. DISCUSS AND CONSIDER PROPERTY ACQUISITION RELATIVE TO THE JMH PROPERTY After discussion, Mayor Parks suggested to delay the closing date of the sale until such time as the city may take occupancy. City Council concurred and the City Manager was authorized to schedule City Council Workshop Session, December 7, 1988 ~ a meeting with the JMH property owners to see if this would be acceptable to them. DISCUSS ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES City Attorney, Jim Dougherty, presented a draft ordinance regulating sexually oriented businesses. With his examination of some recent court decisions on the subject, he thought it would be lawful to adopt an ordinance restricting the location of such businesses a modest distance of a school. Mr. Dougherty recommended this be done as an amendment to the zoning ordinance. He further recommended that Council consider adopting the general regulations as part of the code of ordinances even though the locational restrictions would be adopted in the zoning ordinance. Mr. Dougherty presented information regulating adult arcades in addition to the regulations applicable to sexually oriented businesses and recommended the arcade regulations be included in the same ordinance regulating sexually oriented businesses. City Council agreed and advised the City Attorney to proceed to include the adult arcade regulations in the ordinance. DISCUSS AND CONSIDER THE METROPOLITAN TRANSIT AUTHORITY CONTRACT FOR THE SALE OF THE MILFORD TRACK FOR THE EXTENSION OF WESTPARK FROM EDLOE TO KIRBY. The City Manager advised that there was no report from Metro at this time. REVIEW COUNCIL PRIORITIES As a result of a previous request from Council the City Manager distributed a report on the status of the City Council List of Priorities. City Council discussed the priorities and generally accepted the report. Councilmember Bryan suggested that the proposed CARE (Courteous and Responsive Employees) Program be added to the list. COUNCIL COMMENTS Mayor Parks acknowledged the letter from a resident pralslng Rod Hainey for his efficient and courteous manner in handling her complaint. Mayor Parks expressed his appreciation for Rod Hainey1s handling of the resident1s complaint and asked the City Manager to relay his appreciation to Mr. Hainey. Councilmember Schwartzel suggested the city try to obtain a IIright of first refusal II from lot owners of lots adjacent to Colonial Park. Councilmember Britton questioned the location of new stop signs and the warning stop signs. Mr. Rockenbaugh advised that the Traffic Code required the warning stop signs when new stop signs City Council Workshop Session. December 7. 1988 .- . " are installed. however. he would check to see if the warning signs would be penmanent. Councilmember Britton questioned whether the No Parking Signs on the left hand side of Mercer were necessary. Richard Rockenbaugh advised that the Signs were installed so that emergency vehicles would be able to get through when the church was in session. Councilmember Bryan inquired into the status of the HL&P franchise fee. Mr. Rockenbaugh advised that staff was waiting to hear from Susan Hodge. Municipal Administrative Services. Inc.. who is representing the city in the matter. Councilmember Bryan asked about a house in the 3700 block of Sunset which is built so that the porte cochere is in front of the house. She thought it might be a violation of the zoning ordinance. Director of Operations. Curtis Cooper. agreed to check the house. however. it was possible the house was located to the back of the lot so that the porte cochere would be allowed in front. Mayor Parks commented he had received a call from Kenneth Graeber from the Harris County Appraisal District. No action was required by City Council at this time. Mayor Parks asked Council's feelings concerning the Houston Marathon scheduled for January 15. 1989. as to whether they would want to host the Marathon Breakfast. It was agreed to proceed with the plans for the Marathon Breakfast. STAFF REPORT Mr. Rockenbaugh distributed copies of the draft agenda for the regular council meeting scheduled for Monday. December 12. 1988. ADJOURNMENT With no further business to come before City Council at this time. Mayor Parks declared the workshop session adjourned at 10:22 p.m. Michael L. Parks Mayor ., r . !O I . . . "'-"'lO1 "1'''''' REGULAR CITY COUNCIL MEETING MONDAY, DECEMBER 12, 1988 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, December 12, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bell and Britton. Councilmember Schwartzel arrived at 7:35 p.m. Councilmember Bryan was absent. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Chief of Police. Councilmember Bell delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Bob Garrett, 3801 Lafayette, expressed his concern about his neighbor who continually puts his garbage curbside more than 12 hours before the day the garbage is to be picked up. Mayor Parks assured Mr. Garrett that staff would see if the neighbor had been mailed a letter advising him of his violation. If not, a letter would be mailed and if that did not remedy the situation, then staff would take further action through the municipal court system. Councilmember Schwartzel came in at this point. Mr. Garrett was also concerned about the increase of stop signs and thought there were too many. He was concerned about sidewalks and curbs. Over the years, the sidewalks and curbs have deteriorated and he suggested that in the future the City might consider a program to help replace sidewalks and curbs. Mr. Garret suggested that when the property values go up in the future, City Council consider replacing the blue and white tile curb markers showing addresses. Mr. Garret wished there was a "Taste Committee" for buil di ng and remodel i ng. Mayor Parks advised that City Council could address the garbage issue but the City does not have an Architectural Control Committee and taste in building and remodeling was out of Council's control. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. Regular City Council Meeting, December 12, 1988 ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Britton, seconded by Councilmember Bell, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Mayor Parks, Councilmembers Bell, Britton, Schwartzel None Councilmember Bryan Voting No: Absent: RESOLUTION AUTHORIZING PARTICIPATION IN THE HOUSTON COALITION OF CITIES RELATIVE TO HL&P RATE PROCEEDINGS: Mayor Parks presented and read the following: CITY OF WEST UNIVERSITY PLACE RESOLUTION NUMBER 88-20 A RESOLUTION AUTHORIZING THE PARTICIPATION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, IN THE HOUSTON COALITION OF CITIES WITH ORIGINAL JURISDICTION; AUTHORIZING INTERVENTION OF THE COALITION OF CITIES IN PROCEEDINGS BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS IN CONNECTION WITH THE REVIEW OF THE RATE PROCEEDING INSTITUTED BY HOUSTON LIGHTING & POWER COMPANY; AUTHORIZING THE CITY ATTORNEY OF THE CITY OF HOUSTON AND OTHERS TO REPRESENT THE HOUSTON COALITION OF CITIES WITH ORIGINAL JURISDICTION IN CONNECTION WITH THE PENDING RATE PROCEEDINGS FILED BY HOUSTON LIGHTING & POWER COMPANY; AND MAKING OTHER PROVISIONS RELATING THERETO. WHEREAS, the City of Houston intends to retain professional consulting and legal services to conduct investigations, present evidence, advise its City Council and assist with litigation relating to the rate making proceeding C'rate case") commenced by Houston Lighting & Power Company ("HL&P") both before the various city councils with original jurisdiction and before the Public Utility Commission of Texas; and WHEREAS, other municipalities that are regulatory authorities having original jurisdiction over other parts of the HL&P Service area have been authorized to cooperate with the City of Houston in the rate case; and WHEREAS, it is in the City of West University Place's ("City") best interest to participate in the rate case through the Coalition of Cities with Original Jurisdiction in HL&P's service area formed by the City of Houston ("Houston Coalition"); and WHEREAS, it is in the City's best interest to participate with the Coalition in proceedings before the Public Utility Commission of Texas ("PUC") concerning the application of HL&P for increased rates in the r, Jj Regular City Council Meeting~ December 12, 1988 unincorporated portion of its service area and in any appeal to the PUC of the City's rate order in the rate case (such proceedings before the PUC being referred to herein as "PUC Proceedings"); and WHEREAS, the City Council desires for the City to participate in the Houston Coalition in the local rate proceedings and in the PUC Proceedings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. In connection with the HL&P rate case, the City Council hereby authorizes the participation of the City with other municipalities which are regulatory authorities having retained original jurisdiction over parts of the HL&P service area in the Houston Coalition in the manner set out below. Section 2. The City Attorney of Houston (together with other attorneys and consultants who may be selected by the City Attorney of Houston) is authorized on behalf of the City to represent the Houston Coalition, including the City, in the PUC Proceedings. Section 3. The authorizations herein contained shall continue until revoked by resolution or ordinance. The City Council does not assume or obligate the City to pay any costs incurred by the Coalition Of Cities~ inasmuch as the City has been advised that the Coalition will seek payment directly from HL&P in the manner allowed by state statute for rate case expenses. Section 4. The City's City Attorney is authorized to participate with the Houston Coalition Of Cities, and the reasonable expenses incurred by the City shall be considered and submitted to HL&P for payment in accordance with such state statutes. The City's City Attorney will advise the City's City Council as to the Houston Coalition's position prior to presentation in any PUC Proceedings, to the greatest extent practicable. Section 5. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 6. If any word, phrase, clause, sentence, paragraph~ section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any Regular City Council Meeting, December 12, 1988 other persons or circumstances shall not be affected thereby. Section 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. This resolution shall take effect immediately upon its adoption and signature. PASSED AND APPROVED this the December , 1988. 12th day of Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that Resolution Number 88-20 be adopted as presented. Mayor Parks invited discussion. Councilmember Britton questioned the City's participation and the purpose of joining the coalition. The City Manager explained that the City Attorney had been invited to participate on the Houston Coalition of Cities Steering Committee and he thought it would be to the City's benefit to have Jim Dougherty in the discussions on the committee. '-' Regular City Council Meeting, December 12, 1988 City Attorney, Jim Dougherty, stated that Houston has been very sensitive to the development of the coalition. They actually are looking for input from the small cities. We will be privy to the output from the committee which will be beneficial. However, the City may revoke the coalition agreement as provided for in the resolution. Mr. Dougherty explained further that since HL&P is liable for the legal expenses involved in the proceedings, he had initiated action on behalf of his time devoted to that purpose. It is Houston's intent that the City of West University Place will not be liable for any expenses incurred by the Coalition. Councilmember Britton questioned the validity of the Coalition's charter. Mr. Dougherty said he would check to see if their charter has been finalized. Mayor Parks called for a vote on the motion to adopt Resolution No. 88-20. Voting Aye: Mayor Parks, Councilmembers Bel', Britton, Schwartzel None Councilmember Bryan Voting No: Absent: ORDINANCE SUSPENDING PROPOSED SCHEDUI E OF RATES FOR ELECTRIC lJTILITY SERVICE FILED BY HOUSTON LIGHTING & POWER COMPANY: Mayor Parks presented the following ordinance and read the caption, as follows: CITY OF WEST UNIVERSITY PLACE ORDINANCE NUMBER 1333 AN ORDINANCE SUSPENDING THE OPERATION OF THE PROPOSED SCHEDULE OF RATES FOR ELECTRIC UTILITY SERVICE FILED BY HOUSTON LIGHTING & POWER COMPANY; CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. Copies of Ordinance Number 1333, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Ordinance Number 1333, be adopted as presented on first and final reading. Councilmember Britton questioned section 2 of the ordinance referring to "a copy of the ordinance shall constitute a statement of the reasons for suspending the Company's rates and shall also constitute notice of such suspension". Jim Dougherty statedthe reasons for suspending the company's rates were addressed in the "whereas" clauses of the ordinance. Regular City Council Meeting, December 12, 1988 ,.. ... ,- Mayor Parks called for a vote on the motion to adopt Ordinance Number 1333. Voting Aye: Voting No: Absent: Mayor Parks, Counci1members Bell, Britton, Schwartze1 None Counci1member Bryan RESOLUTION APPROVING ANn AIITHORT7TNG ~AIF' OF PROPF'RTY TO METROPOLITAN TRANSTT AUTHORITY. Mayor Parks presented the following: RESOLUTION NUMBER 88-17 RESOLUTION APPROVING AND AUTHORIZING A CONTRACT FOR THE SALE OF CERTAIN TRACTS OF LAND ABUTTING MILFORD STREET TO THE METROPOLITAN TRANSIT AUTHORITY; APPROVING SUCH CONTRACT; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS. the City of West University Place, Texas (the "City") has and is conducting negotiations with the Metropolitan Transit Authority of Harris County, Texas ("METRO"), with respect to the sale by the City to METRO of two certain tracts of land containing, in the aggregate, approximately 6,500 square feet, and being located adjacent to the existing right of way of Milford street in the vicinity of the intersection with Wakeforest Street (such tracts being more particularly described in the contract document attached hereto), in Harris County, Texas, together with certain improvements and fixtures located thereon (all of the such property being hereinafter referred to collectively as the "Property"); and WHEREAS, the City Council has obtained an appraisal of the Property performed by Luedemann & Associates of Houston, Texas; and WHEREAS, the Appraisal indicates that the consideration to be paid to the City by METRO for the Property is not less than the value of the Property as determined by the Appraisal; and WHEREAS, the City Council finds and determines that the Property is not owned, held or claimed as a public square, park, or site for a city hall or other municipal building and that the Property is not an island, flat or submerged land; and WHEREAS, the terms and conditions of such sale of the Property have been incorporated in a certain Contract for the Sale and Purchase of Real Property (the "Contract") (a copy of which Contract is attached hereto and incorporated herein by this reference), which Contract by its terms will not become effective unless and until approved by the City 0"1 0 r o to I :n '~lt.n Regular City Council Meeting, December 12, 1988 Council of the City (the "Council") and the Board of Directors of METRO, to which Contract reference is here made for all purposes; and WHEREAS, the Council believes that the approval of the Contract and the consummation of the transactions contemplated thereby would be in the best interest of the City; NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS: Section 1. That the Contract is hereby approved and authorized. in substantially the form shown in the version which is attached to this resolution. and each of the Authorized Officers defined below is authorized, individually, to execute such Contract on behalf of the City and to approve all exhibits and attachments thereto that either of them may find necessary or desirable. Section 2. The City Council, after being informed that the Property is proposed to be used for an extension of Westpark Drive from Edloe Street to Kirby Drive (the "Westpark Extension"). hereby expresses the position of the City as to such project: (1) The fact that METRO has threatened to condemn the Property has made it unavoidable that the City sell the Property to METRO and try to preserve access to the City's remainder tracts from which the Property is taken. Selling the Property and attempting to preserve access to the remainder tracts of the City shall never be interpreted as an agreement or consent of the City to pay any part of the cost of the Westpark Extension or to pay any assessment or charge associated with the Westpark Extension. (2) The City would probably be better off if the Westpark Extension were not constructed, all factors considered. However, as expressed above, the City has no effective choice in the matter because of the threatened condemnation. In all probability, the City's use of the streets in the vicinity of the Westpark Extension will be no greater than its use of the existing streets, which are found and determined to be sufficient for the City's needs and operations. Section 3. That the City enter into and consummate the transactions contemplated by the Contract, and that Michael L. Parks, the Mayor of the City, and Richard R. Rockenbaugh, City Manager (together the "Authorized Officers" and singly an "Authorized Officer") be and each is hereby authorized and empowered in the name and on Regular City Council Meeting, December 12, 1988 c1 behalf of the City to execute and deliver the deeds and other instruments provided for in the Contract in order to effect the sale of the Property to METRO as provided in the Contract, all such instruments to be in such form as such Authorized Officer and the City Attorney, shall approve, which approval shall be conclusively evidenced by such Authorized Officer's execution of such instruments. Section 4. That the Authorized Officers be, and each of them hereby is, authorized and directed to prepare, execute and deliver, from time to time, all other such documents or perform such actions related to, contemplated by, or necessary, advisable or convenient to the Contract and transactions contemplated thereby that such Authorized Officer deems, in his sole discretion, to be necessary, advisable or convenient, which determination shall be conclusively evidenced by his execution, delivery or performance thereof. Section 5. If any word. phrase. clause. sentence. paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 6. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17. as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. This resolution shall take effect immediately upon its adoption and signature. PASSED AND APPROVED this the , 1988. Councilmembers Voting Aye: day of 't r. I ill "1!:O. ~ Regular City Council Meeting, December 12, 1988 Councilmembers Voting No: Councilmembers Absent: Signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: James L. Dougherty, Jr. City Attorney (SEAL) Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that Resolution Number 88-17 be adopted as presented. Mayor Parks explained that the City Attorney sent to the Metropolitan Transit Authority what he thought was the final terms to the agreement for the sale of the property. This morning, Mr. Dougherty received a phone call from Metro's attorney who presented a series of changes, some of which were substantial. Mr. Dougherty responded he explained to Metro's attorney that he felt City Council would much prefer to talk about their changes at a workshop session. If Council concurred, Mr. Dougherty suggested Council plan to meet in workshop session on Thursday, December 15, 1988, to discuss the contract. At the time the changes were called to Mr. Dougherty, there was no way the two contracts could be blended to the City's satisfaction. Mr. Dougherty suggested that if it pleased Council, Council could vote for the resolution approving the sale subject to settling any differences. Councilmember Schwartzel was not in favor of voting on a contract that was not completed. Councilmember Britton proposed to the City Attorney that the City insert another clause in which if the proposed Westpark Extension does not go through, that the City would continue to have sole use of the property. Mayor Parks expressed his belief that the project would move forward. Mr. Dougherty explained that the agreed upon version of the contract retains the right of the City to use that property until such time as it is designated as a street. Regular City Council Meeting, December 12, 1988 1~ Mayor Parks moved that City Council approve Resolution 88-17 subject to negotiating the final terms of the agreement. Councilmember Bell seconded the motion. Voting Aye: Voting No: Absent: Mayor Parks, Councilmember Bell Councilmembers Britton, Schwartzel Councilmember Bryan Resolution Number 88-17 failed. Mayor Parks advised that Council would discuss the contract in workshop session on Thursday, December 15th. RESOLUTION CASTING VOTE TO ELECT MEMBER TO BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT: Mayor Parks presented the following: RESOLUTION NUMBER 88-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, the Chief Appraiser of the Harris County Appraisal District, Harris County, Texas, has delivered to the Mayor of this city a ballot containing the names of those persons duly nominated as candidates to serve the remainder of the Appraisal district to be filled by those cities and towns, other than the City of Houston, participating in said District; and WHEREAS, this City deems it appropriate and in the public interest to cast its vote for the candidate of its choice to fill such position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The facts and recitations set forth in the preamble of this Resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. The the City of West University Place casts its vote, and it does hereby cast its vote, for Jack L. Wright to fill the remainder of the current term of that position on the Board of Directors of the Harris County Appraisal District representing and to be filled by those incorporated cities and towns, other than the City of Houston, participating in said District. Section 3. That the Mayor be, and he is hereby, authorized and directed to deliver or cause to be delivered an executed or certified copy of this Resolution to the ~ Regular City Council Meeting, December 12, 1988 Chief Appraiser of the Harris County Appraisal District on or before December 15, 1988. Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 6. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this 12th December , 1988. day of Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: Michael L. Parks, Mayor ATTEST Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney Regular City Council Meeting, December 12, 1988 d Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Resolution Number 88-19 be adopted as presented. Voting Aye: Mayor Parks, Councilmembers Bell, Britton Schwartzel None Councilmember Bryan Voting No: Absent: RESOLUTION ESTABLISHING AND REESTABLISHING A MUNICIPAL RECORDS RETENTION AND DISPOSITION SCHEDULE: Mayor Parks presented the following: RESOLUTI ON 88-19 A RESOLUTION ESTABLISHING AND REESTABLISHING A MUNICIPAL RECORDS RETENTION AND DISPOSITION SCHEDULE FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS; APPROVING DESTRUCTION OF CERTAIN RECORDS IN ACCORDANCE WITH SUCH SCHEDULE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. Pursuant to Article IX, Chapter 2 of the Code of Ordinances of the City of West University Place, Texas, the City Council hereby establishes and reestablishes the Records Retention and Disposition Schedule adopted by Resolution Number 88-08, passed and approved on July 25, 1988, but with the amendments set out in Exhibit "A" attached hereto and made a part hereof for all purposes. Records retained as long or longer than required by this schedule are hereby determined to be worthless and are subject to destruction as authorized by said Article IX. Section 2. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was 40 Regular City Council Meeting, December 12, 1988 given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this the . 1988. day of Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Britton, seconded by Councilmember Bell, that Resolution Number 88-19 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Britton, Schwartzel None Councilmember Bryan BANK DEPOSITORY SERVICES: Consideration was given to the following in connection with the bank depository services: (a) staff recommendation for award of the contract for Bank Depository Services; approving and authorizing the contract substantially in the form approved by the City Manager. (b) authorize official notification to NCNB Texas of termination of contract, effective March 13, 1989. Regular City Council Meeting, December 12, 1988 4~ After tabulation and analysis Staff's recommendation was to award the contract for bank depository services to South Main Bank and to terminate the NCNB Texas depository contract effective on or about March 13, 1989. Motion was made by Councilmember Bell, seconded by Councilmember Britton, that City Council accept staff's recommendation and (a) award the contract for Bank Depository Services to South Main Bank; (b) approve and authorize the contract with South Main Bank substantially in the form approved by the City Manager; and (c) authorize and direct the Director of Finance and Administration to give notice of termination (without cause) to NCNB Texas under and pursuant to the depository contract, such notice to be effective on or about (but not sooner than) the day that the proposed new depository contract takes effect (March 13, 1989). Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Britton, Schwartzel None Councilmember Bryan SANITARY SEWER PHASE 3, PRIORITY AREA 1: Consideration was given to the recommendation to award the contract for construction of Phase 3, Priority Area 1, Sanitary Sewer Renovation Project and approving and authorizing the contract substantially in the form approved by the City Manager. Bidder Net Bid Whitelak, Inc. $1,436,830.00 2530 Knoblock Houston, Texas 77023 Bearden Contracting Company $1,448,965.00 P.O. Box 218506 Houston, Texas 77218 RWL Construction $1,465,159.00 P.O. Box 1279 Houston, Texas 77251 Reliance Construction, Inc. $1,539,509.80 4302 Almeda-Genoa Road Houston, Texas 77048 William H. Gray Construction Inc. $1,617,679.50 12611 Jones Road #107 Houston, Texas 77070 d0 i~ Regular City Council Meeting, December 12, 1988 I 0 I Systems, Inc. $1,716,565.00 2416 Karbach Houston, Texas 77092 Jalco, Inc. $1,745,220.00 4625 Southwest Freeway Suite 140 Houston, Texas 77027 Hassell Construction Co., Inc. $1,810,767.00 12211 Duncan Road Houston, Texas 77471 Spaw Glass Builders Inc. $1,976,530.00 3322 Richmond, Suite 100 Houston, Texas 77098 Staff's recommendation was to award the contract to the low bidder, Whitelak, Inc. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that City Council accept staff's recommendation and award the construction contract to Whitelak, Inc., in the amount of $1,436,830.00, and approve the contract substantially in the form approved by the City Manager. Voting Aye: Mayor Parks, Councilmembers Bell, Britton, Schwartzel None Councilmember Bryan Voting No: Absent: PRIORITY AREA 2. SANITARY SEWER RENOVATION: Consideration was given to Monthly Estimate No.3 in the amount of $101,003.05 submitted by Bearden Contracting Company for work performed through November 25, 1988, on the Sanitary Sewer Renovation Project in College Court Subdivision. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that Monthly Estimate No.3 submitted by Bearden Contracting Company be approved for payment. Voting Aye: Mayor Parks, Councilmembers Bell, Britton, Schwartzel None Councilmember Bryan Voting No: Absent: INSTALLATION OF CYCLONE FENCE AT LANDFILL: Consideration was given to staff's recommendation for award of contract for the purchase and installation of the cyclone fence at the Landfill and approving and authorizing the contract substantially in the form approved by the City Manager. Bids received on November 17, 1988, were as follows: Regular City Council Meeting, December 12, 1988 ~3 Bidder Net Bid Titan Fence Supply Co., Inc. 1115 W. 20th Houston, Texas 77248 $ 8,550.00 Anchor Post Products 803 E. Whitney Houston, Texas 77022 $ 9,171.00 Four Seasons Development Inc. 9095 Emmot Rd. Houston, Texas 77040 $ 9,378.00 Foster Fence Corporation 12705 Market St. Houston, Texas 77015 $ 9,746.00 Staff recommended the contract be awarded to the low bidder, Titan Fence Company, in the amount of $8,550.00 Motion was made by Councilmember Britton, seconded by Councilmember Bell, that City Council accept staff's recommendation and award the contract to Titan Fence Company at their bid price of $8,550.00, and approve and authorize the contract substantially in the form approved by the City Manager. Voting Aye: Mayor ~ rks, Councilmembers Bell, Britton, Schwartzel None Councilmember Bryan Voting No: Absent: RE-ROOFING CITY LIBRARY BUILDING: Consideration was given to the final invoice in the amount of $16,225.00 and Change Order No.1 submitted by P.R.C. Roofing Co., Inc., for work performed on re-roofing the Library Building. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that the invoice in the amount of $16,225.00 submitted by P.R.C. Roofing Co., Inc. be approved for payment. Voting Aye: Mayor Parks, Councilmembers Bell, Britton, Schwartzel None Councilmember Bryan Voting No: Absent: RE-ROOFING OF THE FIRE DEPARTMENT: Consideration was given to the invoice in the amount of $12,110.00 submitted by Marton Roofing, Inc., for work performed on re-roofing the Fire Department. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that the invoice in the amount of $12,110.00 submitted by Marton Roofing Inc., be approved for payment. d4 Regular City Council Meeting, December 12, 1988 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Britton, Schwar_ zel None Councilmember Bryan LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,635.79 submitted for legal services provided on the City's behalf for the month of November, 1988. Motion was made by Councilmember Britton, seconded by Councilmember Bell, that the invoice in the amount of $4,635.79 submitted for legal services be approved for payment. Voting Aye: Mayor Parks, Councilmembers Bell, Britton, Schwartzel None Councilmember Bryan Voting No: Absent: COUNCIL COMMENTS: Mayor Parks requested staff investigate a possible health code violation on Quenby Street. Councilmember Schwartzel stated there was a IIPecans for Sale'l sign on the corner of Wakeforest and Bissonnet and asked staff to notify the property owner of the violation. CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, November 12, 1988; (b) City Council Public Hearing on Proposed 1989 Budget, November 14, 1988; (c) City Council Regular Session, November 14, 1988; (d) City Council Workshop Session, November 21, 1988; (e) City Counc il Regular Session, November 28, 1988; (f) City Counci 1 Workshop Session, November 28, 1988. Earlier in the day, Councilmember Bryan telephoned the City Secretary and offered the following changes: To the minutes of November 12, 1988, Page 7, sixth paragraph, the second sentence woul dread IICouncil must be coqni zant of the needs of the citizens and to make sure Council~looks at the City as a whole." To the minutes of November 21, 1988, Council Comments reflect that "Councilmember Bryan asked that Council consider scheduling a get-together with Council and staff members to meet with the citizens on an informal basis." Regular City Council Meeting, December 12, 1988 <1 Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that the minutes be approved as amended. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bell, Britton, Schwartzel None Councilmember Bryan ADJOURNMENT: With no further business to come before the City Council at this time, Mayor Parks declared the meeting adjourned at 8:15 p.m. Michael L. Parks Mayor o/~~ flcLi Audrey .c ols City Secretary Lt f) CITY COUNCIL WORKSHOP SESSION THURSDAY, DECEMBER 15, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, December 15, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan and Bell. Councilmembers Britton and Schwartzel were absent. Also present were the City Manager, City Secretary, City Att rney, Director of Operations and the Chief of Police. HEARING OF RESIDENTS There were none present who wished to speak. DISCUSS AND CONSIDER THE METROPOLITAN TRANSIT AUTHORITY CONTRACT FOR THE SALE OF THE MILFORD TRACK FOR THE EXTENSION OF WESTPARK FROM EDLOE TO KIRBY The City Attorney, Jim Dougherty, presented the contract and advised City Council that all items had been reconciled. The contract reflects the changes the City requested. Mr. Dougherty recommended the contract for signature. Mayor Parks presented Resolution Number 88-17, as follows: RESOLUTION NUMBER 88-17 RESOLUTION APPROVING AND AUTHORIZING A CONTRACT FOR THE SALE OF CERTAIN TRACTS OF LAND ABUTTING MILFORD STREET TO THE METROPOLITAN TRANSIT AUTHORITY; APPROVING SUCH CONTRACT; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City of West University Place, Texas (the "City") has and is conducting negotiations with the Metropolitan Transit Authority of Harris County, Texas ("METRO"), with respect to the sale by the City to METRO of two certain tracts of land containing, in the aggregate, approximately 6,500 square feet, and being located adjacent to the existing right of way of Milford street in the vicinity of the intersection with Wakeforest Street (such tracts being more particularly described in the contract document attached hereto), in Harris County, Texas, together with certain improvements and fixtures located thereon (all of the such property being hereinafter referred to collectively as the "Property"); and WHEREAS, the City Council has obtained an appraisal of the Property performed by Luedemann & Associates of Houston, Texas; and City Council Workshop Session, December 15, 1988 WHEREAS, the Appraisal indicates that the consideration to be paid to the City by METRO for the Property is not less than the value of the Property as determined by the Appraisal; and WHEREAS, the City Council finds and determines that the Property is not owned, held or claimed as a public square, park, or site for a city hall or other municipal building and that the Property is not an island, flat or submerged land; and WHEREAS, the terms and conditions of such sale of the Property have been incorporated in a certain Contract for the Sale and Purchase of Real Property (the "Contract") (a copy of which Contract is attached hereto and incorporated herein by this reference). which Contract by its terms will not become effective unless and until approved by the City Council of the City (the "Council") and the Board of Directors of METRO. to which Contract reference is here made for all purposes; and WHEREAS, the Council believes that the approval of the Contract and the consummation of the transactions contemplated thereby would be in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Contract is hereby approved and authorized. in substantially the form shown in the version which is attached to this resolution, and each of the Authorized Officers defined below is authorized, individually, to execute such Contract on behalf of the City and to approve all exhibits and attachments thereto that either of them may find necessary or desirable. Section 2. The City Council, after being informed that the Property is proposed to be used for an extension of Westpark Drive from Edloe Street to Kirby Drive (the "Westpark Extension"), hereby expresses the position of the City as to such project: (1) The fact that METRO has threatened to condemn the Property has made it unavoidable that the City sell the Property to METRO and try to preserve access to the City's remainder tracts from which the Property is taken. Selling the Property and attempting to preserve access to the remainder tracts of the City shall never be interpreted as an agreement or consent of the City to pay any part of the cost of the Westpark Extension or to pay any assessment or charge associated with the Westpark Extension. 0' r I III :-:I~on ..r . . . City Council Workshop Session. December 15. 1988 (2) The City would probably be better off if the Westpark Extension were not constructed. all factors considered. However. as expressed above. the City has no effective choice in the matter because of the threatened condemnation. In all probability. the City's use of the streets in the vicinity of the Westpark Extension will be no greater than its use of the existing streets, which are found and detenmined to be sufficient for the City's needs and operations. Section 3. That the City enter into and consummate the transactions contemplated by the Contract, and that Michael L. Parks. the Mayor of the City, and Richard R. Rockenbaugh, City Manager (together the "Authorized Officers" and singly an "Authorized Officer") be and each is hereby authorized and empowered in the name and on behalf of the City to execute and deliver the deeds and other instruments provided for in the Contract in order to effect the sale of the Property to METRO as provided in the Contract, all such instruments to be in such fonm as such Authorized Officer and the City Attorney. shall approve, which approval shall be conclusively evidenced by such Authorized Officer's execution of such instruments. Section 4. That the Authorized Officers be, and each of them hereby is, authorized and directed to prepare, execute and deliver. from time to time, all other such documents or perfonm such actions related to, contemplated by, or necessary. advisable or convenient to the Contract and transactions contemplated thereby that such Authorized Officer deems, in his sole discretion, to be necessary, advisable or convenient, which detenmination shall be conclusively evidenced by his execution, delivery or perfonmance thereof. Section 5. If any word. phrase. clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause. sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 6. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 7. The City Council officially finds, detenmines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, City Council Workshop Session, December 15, 1988 4! TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. This resolution shall take effect immediately upon its adoption and signature. PASSED AND APPROVED this the 15th day of December , 1988. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: James L. Dougherty, Jr. City Attorney (SEAL) Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Resolution Number 88-17 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell None Councilmembers Britton, Schwartzel COUNCIL COMMENTS The members of City Council had nothing further for consideration. STAFF REPORT City Manager, Richard Rockenbaugh, had nothing further for Council IS consideration at this time. ADJOURNMENT With no further business to come before Council, Mayor Parks declared the workshop session adjourned at 7:15 p.m. () City Council Workshop Session, December 15, 1988 Michael L. Parks Mayor ~h~ City Secretary 51 CITY COUNCIL WORKSHOP SESSION WEDNESDAY, DECEMBER 21, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 7:00 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Wednesday, December 21, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bell and Schwartzel. Councilmember Britton arrived at 7:03 p.m. Councilmember Bryan arrived at 7:23 p.m. Also present were the City Manager, City Secretary, Director of Operations and the Chief of Police. HEARING OF RESIDENTS There were none present who wished to speak. DISCUSS AND CONSIDER THE 3700 RICE GROUP AND SPORTS ASSOCIATIONS MEMORANDUM City Manager, Richard Rockenbaugh, submitted staff's recommendations to alleviate the concerns relative to the Elementary school ground lease and the consideration of nearby residents adjacent to the playing field. The recommendations are the result of several months meetings with the Director of Operations, Curtis Cooper; Jim McLaughlin, representing the 3700 Rice Group; Russ Schulze, Chairman of the Parks Board; and Bruce Williams. The recommendations are as follows: 1. Remove the batting cages that were installed by Girl's Softball behind the residence at 3739 and 3741 Rice Boulevard and relocate the batting cage near the Little League batting cages on Auden at the expense of Girl's Softball. This relocation must be completed by March 1, 1989. 2. Repair and paint the backstop at Field #2. The City will furnish material and Tri Sports and concerned citizens will provide the work force to make necessary repair and improvement. 3. Through the monetary contribution from the City of West University Place, Tri Sports will maintain the irrigation system on the lease property controlled by the City in good working condition and use the system regularly to control dust from the playing fields. 4. The lighting of Fields No.2 and No.5 will remain at the present level with no additional fixtures to be installed. In the future the only modification of the lighting system will result in the reduction of fixtures but not necessarily the reduction in candle power. City Council Workshop Session, December 21~ 1988 ~0 ~)~ 5. The scoreboard installed by Girl's Softball on Field #2 will remain at its present location until future design and development of the facility. Then the scoreboard will be relocated from the backstop on Field #2. 6. The two (2) small portable bleachers will be allowed to remain at the Girl IS Softball Field #2 only during the regular season. The bleachers will be relocated during the off season. Additional bleachers will not be permitted nor will any bleachers be installed in a fixed position near the residents on Rice Boulevard. 7. Organized sports on the lease property controlled by the City will utilize the playing fields (i) Monday through Friday until 10:00 p.m., however~ (ii) no activity or lifhtinq will occur on Field No.2 on Saturday nights and iii) no activity or liqhtinq will occur on Sundays without prior- approval from the City Manager's office. 8. Altering the drainage pattern on the fields will not be permitted to prevent a potential flooding problem to the backyards of residents near the playing fields. The City will have the authority to eliminate drainage problems should it become necessary. 9. A public address system will only be allowed at the Little League Field on the corner of University Boulevard and Auden. Speaker volume should be controlled to a minimum to not interfere with surrounding residential areas. 10. It is further understood that no other additional sports related facilities, fixture, equipment, training devises, utilities or the like will be added to the lease property controlled by the City wlthout prior approval of City Officials and proper notification provided to the delegate of the 3700 block of Rice Boulevard. This is not to limit normal and usual maintenance and repair of the existing facilities. Curtis Cooper advised City Council that the committee worked for several months on the recommendations and there was give and take on both parts. It was his recommendation that since the Softball Association put the batting cage up, they would be the ones to remove it. Linda Stone, representing Girl's Softball, stated her group had concerns with the recommendations as written and were not satisfied with the outcome. The Girl's Softball Association members felt they had fulfilled all requirements when they installed the batting cage and should not be asked to move it. Equally important, the Girl's Softball Association did not have the money to pay for moving the cage. Ms. Stone suggested Council should decide the issues of moving the batting cage. City Council Workshop Session, December 21, 1988 53 Mayor Parks advised that it was not Council IS intent to get involved in the decision. City Council previously expressed the hope that the groups would work together to reach the solutions. Russ Schulze stated it was the Parks Board1s main impetus develop a good neighbor policy to maximize the use of the with due consideration to the residents of the 3700 Block and to reach a satisfactory compromise with all parties. Parks Board supports the recommendations as a legitimate compromise for all interested parties. to fields of Rice, The Councilmember Bryan came in at this point. Councilmember Britton commented he thought the City needed to set reasonable limits and reasonable compromises and suggested trying the recommendations as presented to see how well they might work. Councilmember Bell stated he was in favor of the City paying for moving the batting cage and for having special use specifications for rain-out days and tournaments. Councilmember Bryan said she was impressed with the recommendations, however, she was in favor of the City paying to move the batting cage. Councilmember Schwartzel agreed with the recommendations as presented but he suggested adding a notice requirement for the other parks of proposed improvements. Councilmember Britton suggested the City Attorney be asked to address any liability issue relative to the use and maintenance of park fixtures. Mayor Parks recommended that City Council consider accepting, in theory, the policy as recommended, that the City pay for moving the batting cage and add the requirement for notice of improvements to other park areas. After further discussion, motion was made by Councilmember Schwartzel, seconded by Councilmember Bell that a draft be prepared reflecting the discussion at this meeting, that a copy of that draft be distributed to all interested parties and then reported back to Council to consider for adoption. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: Russ Schulze suggested some consideration be given to upgrading the batting cage by putting a concrete slab in it. Mayor Parks suggested Mr. Schulze come back to Council with a cost estimate on the slab. 4 City Council Workshop Session, December 21, 1988 DISCUSS AND CONSIDER THE CABLE TV FRANCHISE AGREEMENT This item was postponed to another workshop to be scheduled at a another time. DISCUSS ORDINANCES RELATING TO PARADES, PROCESSIONS AND PICKETING A brief discussion was held and it was suggested that the City Attorney consider the picketing ordinance provide for a designated area for picketing; a start and stop designation points; and perhaps a designated free speech space. City Council concurred that any expense for police patrol be charged to picketers and parade sponsors. Mr. Rockenbaugh advised that it was the intent to have the charges included and he would relay Council's suggestions to Mr. Dougherty. DISCUSS CONTRACT WITH HOUSTON HILLS CORPORATION CONCERNING THE LEASE OF A PORTION OF THE LANDFILL Discussion of this item was postponed until the next scheduled workshop. COUNCIL COMMENTS Members of City Council had nothing further to report at this time. STAFF REPORT Copies of the draft agenda for the regular Council meeting scheduled for Thursday, December 29, 1988, were distributed. ADJOURNMENT With no further business to come before Council at this time, Mayor Parks declared the meeting adjourned at 8:04 p.m. Michael L. Parks Mayor 5 CITY COUNCIL WORKSHOP SESSION THURSDAY, DECEMBER 29, 1988 CITY HALL CONFERENCE ROOM 3800 UNIVERSITY BLVD. 6:30 P.M. City Council convened in workshop session in the City Hall Conference Room, 3800 University Boulevard, in the City of West University Place, on Thursday, December 29, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell and Britton. Councilmember Schwartzel came in at 6:45 p.m.. Also present were the City Manager, City Secretary, City Attorney, Director of Operations and the Chief of Police. HEARING OF RESIDENTS: There were none present who wished to speak. DISCUSS AND CONSIDER APPROVING THE CONTRACT WITH HOUSTON HILLS CORPORATION CONCERNING THE LEASE OF A PORTION OF THE LANDFILL City Attorney, Jim Dougherty, presented a License to Use Property, an agreement between the City of West University Place and the Houston Hills Corporation. Houston Hills Corporation requested the agreement for the purpose of using approximately 6 acres of the City's landfill for golf ball landing from adjacent property to the landfill. The terms of the temporary license specified the length of the lease; provided a suspension clause so that in case of emergency, the City would have access to that section of the landfill; provided an indemnify clause to protect the City and a termination clause. Licensee shall pay to the City the sum of $1,000 simultaneously with the signing of the Agreement. In addition, Licensee shall pay to the City the sum of $1,700 for each one-year period during the term of the Agreement, plus other fees and charges provided for in the Agreement. Staff recommended the contract for approval. If Council approved the Agreement and the License Terms and Conditions would be presented to the Licensee, Houston Hills Corporation. Councilmember Bryan suggested the letter agreement be amended to include that the Licensee must mow and maintain the leased area in a satisfactory condition. It was agreed to amend the letter agreement. Motion was made by Councilmember Bell, seconded by Councilmember Bryan, that City Council approve and authorize the agreement with Houston Hills Corporation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton None Councilmember Schwartzel C City Council Workshop Session, December 29, 1988 ~} DISCUSS ORDINANCES RELATING TO PARADES, PROCESSIONS AND PICKETING The City Attorney reviewed the draft of the proposed parade ordinance. It was drafted from the City of Houston's ordinance and modified to fit the City of West University Place. The basic approach reflected by the ordinance was that a parade that uses the streets will have to get a permit. The ordinance is designed to routing of the parade so that they do not block traffic on the thoroughfares. Councilmember Schwartzel came in at this point. He questioned whether the ordinance should specifically limit parades in the school zone. Jim Dougherty suggested the schools might be self limiting because of the crowd coming out of the school. Councilmember Bryan suggested the wording include that near any school facility a parade can not be held for one half hour before or after school dismissal. She also suggested the ordinance designate churches because of the crowding that would happen around the church on Auden and the one on University Blvd. Councilmember Schwartzel suggested staff prepare policy and guidelines for enforcing the picketing ordinance. Police Chief, Steve Griffith suggested the policy would be good. However, he hesitated to get in a strong stance with picketers because he felt it would encourage them to return. The City Attorney advised that the state statutes be used to protect the City from those who would block traffic or become loud or unruly. Councilmember Schwartzel recommended the low impact parades be limited to 25 people, with no motor vehicles, and provide for the satisfactory protection of the City from liability. So that Section 13-311 (b) state the "Notwithstanding the foregoing, no permit shall be required for a low-impact parade if the sponsors of the parade (i) deliver written notice of the date, time, route and estimated composition of the parade to the director not less than 72 hours before the start of the parade, (ii) file with the director insurance meeting the requirements of this article, an indemnity by a financially responsible person satisfactory to the director or proof satisfactory to the director that the risk of liability to the City is minimal, and (iii) file with the director a written acknowledgement that the sponsors will provide all necessary traffic control." Add a sentence at the end of Sec. 13-312 (b) (2) "The parade must begin and end after sunrise and before sunset." In Section 13-312 (b) (3), change the hours from 3:30 p.m. and 6:00 p.m. to 4:00 p.m. and 6:00 p.m. Sec. 13-314 (4) read: The estimated number of animals, (adding: if any,) that will be used in the parade. City Council Workshop Session, December 29, 1988 5 City Council agreed to consider the Parade Ordinance, as amended, during the regular Council meeting scheduled at 7:30 p.m. tonight. COUNCIL COMMENTS Councilmember Schwartzel inquired about the status of the Houston Hills Corporation License Agreement. He was advised that it had been approved by City Council before his arrival. Councilmember Schwartzel suggested that the License Terms and Conditions be amended so that Licensee's liability insurance covering City include the City's officers, agents and employees. City Council concurred with the suggestion and the City Attorney agreed to incorporate that change into the Terms and Conditions. STAFF REPORT City Manager, Richard Rockenbaugh, had nothing further for Council's consideration at this time. ADJOURNMENT With no further business to come before City Council at this time, Mayor Parks declared the workshop session adjourned at 7:30 p.m. Michael L. Parks Mayor aMt,,~ (~. Audrey Ni 01 s . City Secretary 58 REGULAR CITY COUNCIL MEETING THURSDAY, DECEMBER 29, 1988 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Thursday, December 29, 1988, with the following members present: Mayor Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Operations, and the Chief of Police. Councilmember Bell delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Mayor Parks announced that the consent agenda would include items 8 through 14. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ORDINANCE AMENDING THE BUDGET FOR FISCAL YEAR 1988: Mayor Parks presented Ordinance Number 1334 and read the caption as follows: ORDINANCE NUMBER 1334 AN ORDINANCE AMENDING ORDINANCE NUMBER 1301 WHICH APPROVED THE BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1988, AND ADOPTED ON NOVEMBER 2, 1987. Copies of Ordinance Number 1334, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Regular City Council Meeting, December 29, 1988 59 Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that Ordinance Number 1334 be adopted on first reading as presented. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES: Consideration was given to the first reading of Ordinance Number 1335. Mayor Parks read the caption, as follows: ORDINANCE NUMBER 1335 AN ORDINANCE RELATING TO SEXUALLY ORIENTED BUSINESSES AND ADULT ARCADES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Data and studies from the City of Houston, the City of Dallas and the City of Austin, relative to regulating sexually oriented businesses, were on the table during the meeting for inspection and review. The studies had been reviewed by City Council and city staff. Each study reported evidence of negative impact upon residential neighborhoods near sexually oriented businesses and adult arcades. Copies of Ordinance Number 1335, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bell, that Ordinance Number 1335 be accepted on first reading as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ORDINANCE RELATING TO PARADES AND PROCESSIONS: Consideration was given to the first and final reading of Ordinance Number 1336. Mayor Parks presented the ordinance and read the caption as follows: ORDINANCE NUMBER 1336 AN ORDINANCE RELATING TO PARADES AND PROCESSIONS, INCLUDING FUNERAL PROCESSIONS; AMENDING THE CODE OF ORDINANCES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY. 6 Regular City Council Meeting, December 29, 1988 Copies of Ordinance Number 1336, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Ordinance Number 1336 be amended. The City Attorney read the amendments, as follows: Secti on 13-301 (4) be amended to read: "Low-impact parade" means a parade which meets all of the following criteria: (i) it is participated in by no more than 25 people and no motor vehicles, (ii) it includes no animals (other than domestic pets) and no vehicles which are unlawful upon public streets, (iii) it is restricted to a route which is no more than 4,000 feet in total length, (iv) the route crosses no streets and makes no left turns, but instead, the route is designed to make right turns so that it does not cross any intersecting or on-coming traffic or lanes for traffic, (v) the parade is conducted completely within the time periods set out in this Article for parades generally, (vi) the parade is concluded and disbanded within one hour after it first enters the street, and (vii) the parade sponsors provide all necessary traffic control. Section 13-311 (b) be amended the read: Notwithstanding the foregoing, no permit shall be required for a low-impact parade if the sponsors of the parade (i) deliver written notice of the date, time, route and estimated composition of the parade to the director not less than 72 hours before the start of the Qarade ii file with the director insurance meetinq the requirements of this artic e, an indemnity bv a financially responsible person satisfactory to the director or roof satisfactor to the director that the risk of liabilit to the Cit is minimal and iii file with the director a written acknowledqement that the sponsors will provide all necessary traffic control. The City shall not be responsible for providing police officers or other employees to perform any traffic control functions during a parade held under this subsection. Section 13-312 (b) (2) be amended by adding a sentence, as follows: The parade must beqin and end after sunrise and before sunset. Section 13-312 (b) (3) be amended to read: If the parade is to be held on a day other than a Saturday, Sunday or a holiday, and if it uses or crosses any major thoroughfare, it shall not be held between the hours of 7:00 a.m. and 9:00 a.m. or between the hours of 4:00 p.m. and 6:00 p.m. Section 13-314 (4) be amended to read: The estimated number of animals, if any, that will be used in the parade. Regular City Council Meeting, December 29, 1988 61 Voting Aye: Voting on the amendments was as follows: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Ordinance Number 1336 be adopted on first and final reading as amended. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None BOOSTER PUMP REPLACE~1ENT AND INSTALLATION OF INSTRUMENTATION FOR WAKE FOREST WATER PLANT: Consideration was given to staff!s recommendation for award of the contract for the construction of the booster pump replacement and automation of the Wakeforest Water Plant. Bidder Long & Son, Inc. 13014 Queensbury Houston, Texas 77079 Amount Bid $ 98,200.00 Tidal Construction, Inc. 8900 Edgebrook Houston, Texas 77075 $107,000.00 Holloway Company, Inc. 1200 Jarvis Road Siginaw, Texas 76179 $107,819.00 Menendez-Donnell & Associates, Inc. 1311 Sherwood Forest Houston, Texas 77043 $118,138.00 Peltier Brothers Construction Co., Inc. $119,500.00 5222 Fawndale Houston, Texas 77040 Staff recommendation was to award the contract to the low bidder, Long and Son, Inc., at their bid price of $98,200.00. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that City Council accept staff's recommendation and award the contract to Long and Son, Inc., at the price specified. Voting Aye: Voting No: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None 6 Regular City Council Meeting, December 29, 1988 Absent: None BOND PRINTING COST: Consideration was given to the invoice in the amount of $1,343.00 submitted by Helms Printing Co., Inc., for printing the 1988 bonds. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice in the amount of $1,343.00 submitted by Helms Printing Co., Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ENGINEERING STUDY AND HYDRAULIC MODEL FOR WATER DISTRIBUTION SYSTEM: Consideration was given to the invoice in the amount of $3,000.00 submitted by Pitometer Associates, Inc. services in connection with the engineering study and hydraulic network model for the water distribution system. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice submitted by Pitometer Associates, Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None LAND AC UISITION COUNSEL SERVICES: Consideration was given to the invoice in the amount of 2,636.95 submitted by Woodard Hall & Primm for legal services in connection with the purchase of the JMH Property. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice in the amount of $2,636.95 submitted by Woodard Hall & Primm be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None WATER PLANT OFFICE. 3825 MILTON: Consideration was given to the invoice in the amount of $32,219.00 submitted by Builders Constructors, Inc., for work performed on the modifications to the Water Plant Office. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice in the amount of $32,219.00 submitted by Builders Constructors, Inc., be approved for payment. Regular City Council Meeting, December 29, 1988 :3 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None SALE OF PROPERTY TO METROPOLITAN TRANSIT AUTHORITY: Consideration was given to the invoice in the amount of $4,252.00 submitted for legal services provided in connection with the MTA agreement for the Milton Street properties. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoice in the amount of $4,252.00 for legal services in connection with the MTA/Milton Street properties agreement be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None ENGINEERING SERVICES FOR UTILITY RELATED SERVICES: Consideration was given to invoices totaling $13,506.93 submitted by Langford Engineering, Inc., for the following: (a) Invoice No. 5680 in the amount of $3,087.09 for Priority Area No.2, Sanitary Sewer, College Court Subdivision; (b) Invoice No. 5681 in the amount of $10,220.19 for Phase 3, Priority Area No.1, Sanitary Sewer, West University 1st Subdivision; (c) Invoice No. 5683 in the amount of $199.65 for Study to Fully Automate Wakeforest Water Plant. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the invoices submitted by Langford Engineering, Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None COUNCIL COMMENTS: City Council had nothing further for discussion but wished everyone a Happy New Year. STAFF REPORT: The City Manager had nothing further for Council's consideration at this time. On behalf of staff, Mr. Rockenbaugh wished Council a Happy New Year. CITY COUNCIL MEETING MINUTES: Minutes of the City Council meetings were presented for consideration, as follows: (a) City Council Workshop Session, December 7, 1988; 64 Regular City Council Meeting, December 29, 1988 (b) City Council Regular Session, December 12, 1988; (c) City Council Workshop Session, December 15, 1988; Motion was made by Councilmember Bell, seconded by Councilmember Schwartzel, that the minutes be approved as submitted. Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Voting No: Absent: ADJOURNMENT: There being no further business to come before Council at this time, Mayor Parks declared the regular session adjourned at 7:37 p.m. ~1ichael L. Parks Mayor ~11 . Audrey Nic ols ~ City Secretary