The URL can be used to link to this page

Home My WebLink About030998R CC Min CITY COUNCIL REGULAR SESSION MONDAY, MARCH 9, 1998 MUNICIPAL BUILDING 3800 UNlVERSITYBL VD. 7:30 P.M. The City Council convened in Regular Session in the Municipal Building (3800 University Boulevard) on March 9, 1998, with the following members present: Mayor Fogler presiding, Cou,ncil Members Starich, Davis, Neal and Sparkman. . The City Manager, City Secretary, City Attomey,Finance Director, Police Chief and Public Works Director were also present. Council Member Neal led the Pledge of Allegiance. CITIZEN COMMENTS: Mayor Fogler invited citizens who wished to address the City Council to come forward as their names were called. Candace Levy, 3911 Arnold, spoke to the Council about barking dogs. She stated that she was opposed to the recent changes to the noise ordinance. Bob Levy, 3911 Arnold, asked the Council to reconsider the changes made to the noise ordinance. Victor diFranco, 6412 Westchester, stated that barking dogs was a quality of life issue not pure annoyance. EleanordiFranco, 6412 Westchester, agreed with the comments made by Mr. and Mrs. Levy about barking dogs. Leo Sacchi, 3768 Rice, commented on barking dogs. He stated that he felt it was unfair to the animals to leave them outside and alone all day. RESOLUTION APPOINTING A MEMBER TO THE RECYCLING AND SOLID W ASTEREDUCTION BOARD: Consideration was given to Resolution No. 98-04. Mayor Fogler read the caption of Resolution No. 98-04 as follows: A RESOLUTION APPOINTING ANNE FURSE TO THE RECYCLING AND SOLID WASTE REDUCTION BOARD; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Itl I' :!"UI ,,,1,-111 :/..Ii ]-, rrll! I Illilll..LIII ".j-,_..~I.I~' .. 1,j]I[JrrITIIITimrrrn.-----------,---,'~-,---,~,..,.--,77---,--- City Council Regular Session, March 9,1998 A motion was made by Council Member Neal, seconded by Council Member Sparkman, to approve Resolution No. 98-04 appointing Anne Furse to the Recycling and Solid Waste Reduction Board. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis; Neal and Sparkman None None Voting Nay: Absent: RESOLUTION APPOINTING A MEMBER TO THE. SENIOR SERVICES BOARD: Consideration was given to Resolution No. 98-05. Mayor Fogler read the caption of Resolution No. 98-05 asfollows: A RESOLUTION APPOINTING R.W. WARK TO THE SENIOR SERVICES BOARD; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT A motion was made by Council Member Starich, seconded by. Council Member Neal, to approve Resolution No. 98-05 appointing R. W.Wark to the Senior Services Board, A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, CoUncil Members Starich, Davis, Neal and Sparkman -None None Voting Nay: Absent: RESOLUTION DESIGNATING TEMPORARY MUNICIPAL BUILDING: Consideration was given to Resolution No. 98-06. Mayor Fogler read the caption of Resolution No. 98-06 as follows: RESOLUTION DESIGNATING TEMPORARY AND PERMANENT CITY HALLS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT City Attorney Jim Dougherty explained that the Texas Open Meetings Act requires that notices 2 ., ,. ..1, OJ ~Ir~"l II. L '".';". '_""""_1..1"'- -., _.~~._~~----~",...- ... "I.r1I[I1'r(nf,"l'lnltff'~-~-~--""-""-'-"-'---- . City Council Regular Session, March 9, 1998 for meetings of the City COUllcil be posted in City Hall. Resolution No. 98-06 designates the modular buildings located at 3813 Amherst as the temporary City Hall effective from and after March 20, 1998 and continues until the day the City Secretary's office reopens in the renovated Municipal Building. A motion was made by Council Member Neal, seconded by Council Member Sparkman, to approve Resolution No. 98-06. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None V otingNay: Absent: RESOLUTION RELATING TO SIGNATURES ON CHECKS: Consideration was given to Resolution No. 98-07. Mayor Fogler read the caption of Resolution No. 98-07 as follows: A RESOLUTION RELATING TO SIGNATURES ON CHECKS DRAWN ON CITY ACCOUNTS; AUTHORIZING SUCH SIGNATURES AND AUTHORIZING USE OF FACSIMILE SIGNATURES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Finance Director Walter Thomas reported that City policy requires that checks drawn on City accounts be signed by the Finance Director and co-signed by another officer of the City. Due to the recent resignation of the Police Chief, the Fire Chief has been asked to accept the responsibility as co-signer. A motion was made by Council Member Starich, seconded by Council Member Davis, to approve Resolution No. 98-07 relating to signatures on checks drawnon City accounts. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, . Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: 3 City Council Regular Session, March 9, 1998 ORDINANCE DESIGNATING AND NAMING PRIVATE STREET: Consideration was given to the second and final reading of Ordinance No. 1587. Mayor Fogler read the caption of Ordinance No. 1587 as follows: AN ORDINANCE DESIGNATING AND NAMING A PRIVATE STREET AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1587, in the form proposed for adoption, were available in the Council Chambers. Mr. Dougherty stated that Ordinance No. 1587 would name two private streets "Westchester Court" and authorize the traffic control officer to place official street name signs at the intersections. A motion was made by Council Member Neal, seconded by Council Member Davis, to adopt Ordinance No. 1587 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Sparkman None None Council Members Starich, Davis, Neal and Voting Nay: . Absent: ORDINANCE ABANDONING EASEMENT: Consideration was given to the first and final reading of Ordinance No. 1588. Mayor Fogler read the caption of Ordinance No. 1588 as follows: AN ORDINANCE ABANDONING A PORTION OF AN EASEMENT LOCATED AT THE NORTHEAST CORNER OF KIRBY DRIVE AND NORTH BRAESWOOD; AUTHORIZING A QUITCLAIM DEED; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY Copies of Ordinance No. 1588, in the form proposed for adoption, were available in the Council Chambers. 4 ~..............' '-'1.._ ~... _ ,..-=::r:::::3._ ........-.::: -- ..-.---------~-.--.---'-----,--~;fr.TIIIlI!'f':f~--.-~--------------,.,----""-,-,.,--------~.,,"-,--,-,.----.---,- City Council Regular Session, March 9, 1998 Public Works Director Ed Menville reported that in the 1950-1960's,an agreement between the City of West University Place and Houston was established to allow West U to treat sewerage coming from a new development northeast of the North Braeswood and Kirby Drive intersection, and it also created the need for an easement. A sewer line was placed in the easement to transport sewage from that area to the City's sewerage treatment plant. In 1982, Houston built a lift station on North Braeswood adjacent to the City's treatment plant. Flows from the area were then diverted to the new station and the old sewer line was abandoned. Brown and Gay Engineers, Inc. has offered to purchase the easement. The Texas Local Government requires that property conveyed or sold by a city must be done at not less than fair market. Luedemann and Associates, real estate appraisers, have been employed by the City to determine the fair market value at Brown & Gay's expense. Brown & Gay will also provide a metes and bounds description of that portion of the easement to be abandoned. No other utilities exist in the easement. Based on an appraisal by Luedemann and Association, the City will receive $28,875 from Brown & Gay Engineers in exchange for the abandonment. Amotion was made by Council Member Starich, seconded by Council Member Davis, to adopt Ordinance No. 1588 on the first and final reading and to authorize the City Staff to accept $28,875 from Brown & Gay Engineers, Inc., in exchange for the abandonment. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Sparkman None . None Council Members Starich, Davis, Neal and BID AWARD FOR REHABILITATION OF 36" SANITARY SEWER ON BROMPTON ROAD: Consideration was given to bids received February 25, 1998 for the rehabilitation of the City's 36" sanitary sewer on Brompton Road. The following bids were received: Bidder Bid Amount Insituform Southwest Underground BRH-Garver $1,160,370 $2,075,000 $1,388,298 5 - Z.L -'- .~__.._ _~-==u--,. ~r-.. ,.................... 'lJ.1.-..::" -- -, ''--'r:mmlnrrnlllJff'r.'~' City Council Regular Session, March 9, 1998 Mr. Menvillereported that the Council authorized Claunch & Miller Engineers to prepare plans and specifications for the rehabilitation of the City's main 36" sanitary sewer outfall. The project will consist of three parts. The first will be the installation of a liner in the outfall pipe, which traverses through the Brompton Townhouses Development. The second part involves the placement of a similar liner in the same outfall pipe in Brompton Street starting at University Boulevard and continuing south almost to Holcombe Boulevard. The third and final phase will be from Brompton at Holcombe south to the Brompton Townhouses. The low bid for this project was $1,160,370, of which $100,000 will come from funds provided for in the Water and Sewer Capital Projects Fund. The remaining amount will come from TWDB-SRFfunds available for this type of work. The City Council has also authorized the use of under-runs from Priority Area 4B/5A. A motion was made by Council Member Neal, seconded by Council Member Sparkman, to award the bid for the rehabilitation of the City's main 36" sanitary sewer outfall to Insituform Texark, Inc. in the amount of $1,160.370 contingent upon approval by the Texas Water Development Board. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None WASTEWATER SCADA : Consideration was given to a bid received February 25, 1998 for the proposed wastewater SCADA system and authorization to rebid the project. Mr. Menville reported that the only bid received, which was from Pfeiffer & Son, Inc., was in the amount of $307,000. This amount exceeds the budgeted amount for this project by $107,000. Though nine companies were documented as having picked up specifications for this project, only one company submitted a bid. Calls were made to the other eight companies in order to find out their reasons for not submitting bids. The predominant response was that they were not able to bid the project within the budgeted amount. As a result, staff has requested that Shrader Engineering Company review the specifications they submitted to the City. 6 . ,,',~I".,.,__'" ------,-,---,-----,-----,=f'!'!IrrmPmTPIlIl1'!"F- City Council Regular Session, March 9, 1998 A motion was made by Council Member Sparkman, seconded by Council Member Neal, to accept the Staff recommendation to reject the bid submitted by Pfeiffer & Son, Inc., and to approve the rebid of the project after a thorough review ofthe bid specifications. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None 1997 TAXREFUNDS: Consideration was given to 1997 ad valorem tax refunds for duplicate payments in the amount of . $5,916.40 and overpayments in the amount of $1,206.05. Mr. Thomas reported that occasionally, the City receives payment for property taxes from both the taxpayer and the taxpayer's agent. Also, it is not uncommon for a taxpayer to submit a check for more than what is owed. Section 31.11 of the Property Tax Code requires approval by the City Council for property tax refunds that exceed $500. A motion was made by Council Member Starich, seconded by Council Member Neal, to refund property taxes to residents, who paid in duplicate and to those who overpaid, in' the amount totaling $7,122.45. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: CITY COUNCIL MINUTES: Consideration was given to the minutes ofthe following City Council meetings: (a) Workshop Session conducted on February 23, 1998 (b) Regular Session conducted on February 23, 1998 7 City Council Regular Session, March 9,1998 A motion was made by Council Member Davis, seconded by Council Member Starich, to approve the minutes as presented. A vote was taken onthe motion with the following result: Voting Aye: Mayor Fogler, Council Members Starich, Davis, Neal and Sparkman None None Voting Nay: Absent: COUNCIL COMMENTS: Council Member Neal thank:ed the citizens for bringing matters to the attention of the City CounciL ADJOURNMENT: With no further business to come before the City Council at this time, a motion was made by Council Member Sparkman, seconded by Council Member Davis, to adjourn. The regular Session adjourned at 8:20p.m. 8 .......-'-----'-I.o...~-::a. L...-...LI." ,.. ...................L ~~~ - ---.----~-----.------,-----..-"~'''r~rrnmIff';~-f----