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Home My WebLink About112398R CC Min t CITY COUNCIL REGULAR SESSION MONDAY, NOVEMBER 23, 1998 COMMUNITY BUILDING 6104 AuDEN 7:30 P.M. The City Council convened in Regular Session in the Community Building (6104 Auden) on November 23, 1998, with the following members present: Mayor Fogler presiding, Council Members Davis, Neal and Starich. The City Manager, City Secretary, City Attorney, Police Chief, Public Works Director, Parks and Recreation Director, Building Official and Finance Director were also present. Council Member Davis led the Pledge of Allegiance. Council Member Sparkman was absent. PROCLAMATION FOR NOBEL PRIZR WTNNRR~ A proclamation recognizing Dr. Ferid Murad for receiving the Nobel Prize in Medicine was presented. . PUBLIC HEARING: A Public Hearing was held before the Zoning and Planning Commission and the City Council of the City of West University Place, Texas. The purpose for the hearing was to provide an opportunity for parties in interest and citizens to be heard in relatio}1 to proposals to amend the City's Zoning Ordinance for townhouse and higher density residential projects (attached dwellings). Members of the Zoning and Planning Commission present at the meeting were: Chairman Ned Ross, Byrlan Cass-Shively, Charles Nelson, Bill Watson, Karol Musher and Marilyn Griffin. The public hearing was called to order by Mayor Fogler and Mr. Ross at 7:45 p.m. City Secretary Kaylynn Holloway reported that all notices of the public hearings on the proposed amendments were published and posted in accordance with State law. Mr. Ross explained the proposed amendments. Members of the public were invited to ask questions or speak concerning the proposed amendments. Sally Matthews, 6721 Rutgers, complained that no notice was given that a change was pending and a temporary limitationon building permits was going to be passed by the City Council. .Ll.:.....-_._-L........iJlL..._.......................L.JUllL _ _ __u::=::[L~_.__ 1.....I.lIiilJ.L __ ~~.__~_-------'-"-'"""'-, --_._-_..-~~--II.--:n:1II1mmll'll!IfIT~~- Larkin Matthews, 6721 Rutgers, asked questions regarding the proposed amendments. He asked how the Zoning and Planning Commission had been charged with setting architectural standards. Bob Dodson, 322 Lindenwood, stated that he was an investor in the Wroxton property. He stated that the proposed amendments were not attractive to developers. Mike Brady, 2723 Wroxton, commented that he was pleased with townhouse development under the existing ordinance. He stated that he was opposed to the suggested amendments. Brant Matz, 1617 Fountainview, stated that he was a developer and that he was opposed to the temporary moratorium. Joyce Glivinski, owner of2704-2716 Wroxton, spoke to the City Council about the temporary moratorium placed on townhouse development. She asked the City Council to give consideration to the people who have already put time and money into developing the lots. She also addressed parking in the area. Alex Stevens, spoke to the City Council about submitting a Proposal C to the Commission. There being no more persons wishing to be heard, a motion was made by Council Member Starich, seconded by Council Member Davis, that all statements, exhibits and documents be made a part of the offichil record of this hearing and to close the public hearing. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis, Neal and Starich Voting Nay: None Absent: Council Member Sparkman No written comment cards on this topic were given to the City Secretary. The public hearing closed at 8:52 p.m. CITIZEN COMMENTS: Mayor Fogler invited citizens who wished to address the City Council to come forward as their names were called. Joan McCay, 3029 Carnegie, presented a petition to the City Council opposing the Vision 20/20 pedestrian path. Meredith Turner, 6515 Mercer, spoke in opposition to a proposed pedestrian path. 2 . ".,r ------rJ'=~rf'1rT-'---------- Art Hirdler, 6416 Community, opposed the divided neighborhood meetings. He feltthat any discussions pertaining to West U should be as a whole City. Larkin Matthews, 6721 Rutgers, suggested a way to quantify the worth of the Senior Services program. TIME CAPSULE: Consideration was given to the opening of the time capsule from 1954 and replacing it with a new one. Parks and Recreation Director Mark Mailes reported that in 1954, a time capsule was placed in the Municipal Building as part of the construction project. During meetings with the 75th anniversary committee, it was discussed that the existing time capsule be located, opened and displayed at the grand re-opening of the building. The West University Historical Society has volunteered to collect items so that a new time capsule could be buried, with instructions for it to be opened for the City's 100 year anniversary, in 2024. A motion was made by Council Member Davis, seconded by Council Member Neal, to authorize the City's 75th Anniversary Steering Committee to open the 1954 time capsule at the anniversary ceremony. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis, Neal and Starich Voting Nay: None Absent: Council Member Sparkman ORDINANCE ADOPTING THE BUDGET FOR FISCAL YEAR 1999: Consideration was given to the second and fmal reading of Ordinance No. 1606. Mayor Fogler read the caption of Ordinance No. 1606 as follows: AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1999 AND ENDING DECEMBER 31, 1999; APPROPRIATING FUNDS FOR SUCH BUDGET; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1606, in the form proposed for adoption, were available in the Community Building. 3 _; 1.LK: ~. -- --.-'rT~flfl'Il'1llmfrrr~' -- Finance Director Walter Thomas reported that since the ordinance's first reading on November 9,1998 it became evident that a project (park Land Acquisition) that was expected to be completed in the 1998 fiscal year would not be active until the 1999 fiscal year. The final form of the ordinance has been amended to move the project .cost from fiscal 1998 to fiscal 1999. The ordinance appropriates the following expenditures for 1999: General Fund Water Fund Water Fund Capital Fund Debt Service Fund Capital Projects Fund Infrastructure Replacement Fu Parks Fund Recycling Fund Equipment Replacement Fund Solid Waste Fund $7,334,400 4,020,730 1,020,000 3,628,430 1,066,500 (Revised) 13,317,189 37,000 145,000 905,300 A motion was made by Council Member Starich, seconded by Council Member Davis, to adopt Ordinance No. 1606 on the second and [mal reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis, Neal andStarich Voting Nay: None Absent: Council Member Sparkman ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR THE TAX YEAR 1998: Consideration was given to the second and final reading of Ordinance No. 1607. Mayor Fogler read the caption of Ordinance No. 1607 as follows: AN ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR TAX YEAR 1998; CONFIRMING AND GRANTING EXEMPTIONS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT Copies of Ordinance No. 1607, in the form proposed for adoption, were available in the Community Building. 4 ........Jo.I....,..,------ -- - -------~------l',--f''''~mnrn'l'mllen-'T Mr. Thomas reported that over the past several weeks the City Council and staffhave met in workshops to discuss the 1999 Budget and tax rate. Additionally, public hearings were held in accordance with state Law. This ordinance is the fmal step in the 1999 budget process. It sets the property tax rate, dedicates the resulting revenues, and levies the taxes needed to finance the City's operations and meet its debt service responsibilities in 1999. The 1998 Budget was prepared using a tax rate of $0.42 cents per $100 valuation. The revenue generated by $0.21 cents of this rate funds City operations and the revenue generated by the remaining $0.21 cents will be dedicated to meet the City's debt service requirements. A motion was made by Council Member Davis, seconded by Council Member Starich, to adopt Ordinance No. 1607 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis, Neal and Starich Voting Nay: None Absent: Council Member Sparkman TEXAS MUNICIPAL RETIREMENT SYSTEM ORDINANCE: Consideration was given to the second and final reading of Ordinance No.1608. Mayor Fogler read the caption of Ordinance No. 1608 as follows: AN ORDINANCE PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY OF WEST UNIVERSITY PLACE, AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE Copies of Ordinance No. 1608, in the form proposed for adoption, were available in the Community Building. Mr. Thomas reported that recently three former Mayors of West University Place addressed the City Council to request that the City consider increasing retired employee's annuities. TMRS provides for an annuitant increase based on a percentage ofthe consumer price index. Funds were included in the 1998 Budget to increase the City's retiree annuity by 70% of the percentage change in the consumer price index from December 1997. A motion was made by Council Member Starich, seconded by Council Member Neal, to adopt Ordinance No. 1608 on the second and final reading. 5 u.~ "-:---!I 1!r.'i1"I i. ..lil:...i-,-------~. rnmrM!1lfIrl!1lI:Ill"TIO' - A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis, Neal andStarich V oting Nay: None Absent: Council Member Sparkman TEXAS MUNICIPAL RETIREMENT SYSTEM ORDINANCE: Consideration was given to the second and fmal reading of Ordinance No. 1609. Mayor Fogler read the caption of Ordinance No. 1609 as follows: AN ORDINANCE ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT THE ACTUARIALL Y DETERMINED RATE OF TOTAL EMPLOYEE COMPENSATION Copies of Ordinance No. 1609, in the form proposed for adoption, were available in the Community Building. Mr. Thomas reported that Ordinance No. 1609 was prepared to remove.the statutory maximum contribution rate limit contained in the Texas Municipal Retirement System Act. The TMRS Act contains a statutory maximum rate of 12.5%. The City's contribution to the TMRS cannot exceed this rate without specific authorization. This ordinance authorizes the City to pay the actuarially calculated contribution rate for the City's plan of benefits, the present plan, and any plan improvements adopted in the future, regardless of the statutory maximum limit on the City contribution rate. The projected rate for 1999 is 12.7%. A motion was made by Council Member Davis, seconded by Council Member Neal, to adopt Ordinance No. 1609 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis, Neal and Starich Voting Nay: None Absent: Council Member Sparkman TRANSPORTATION IMPROVEMENT AGREEMENT: Consideration was given to a Transportation Improvement Agreement between the City of West University Place and the Metropolitan Transit Authority for development and operation of a Regional Computerized Traffic Signal System. 6 __."]1.0_ _______.. _.__.~:u~ ~lr~,_ r::ilE:L.or:::J. --------------...d~,-~----_.--.--------T,-r~jlJ!Itll'lrl"ll1l'lIN-O' Public Works Director Ed Menville reported that METRO is proposing to design and construct improved signal systems on bus routes, inside Beltway 8 iI1cludingWest University Place. Signals affected by this arrangement are: Auden @ University Buffalo Speedway @ Sunset University @ Weslayan Buffalo Speedway @ Rice Buffalo Speedway @ University Upon completion of construction of each project facility, Metro will prepare and deliver to the City As-Built Plans. Metro then assigns to the City all construction contractor and design engineer warranties. Upon review and approval, the City assumes full ownership of and responsibility for the maintenance and repair of the project facilities to the extent and in the same manner as for other facilities within the City. Mr. Menville reported that the Staff has advised the consulting planners of this agreement and will direct improvements to be considered with our traffic synchronization plan. There is no cost to the City to improve signalized intersections, however, there is an obligation to maintain the signal systems once all work is completed. Since the City is already responsible for maintaining the existing signals, these costs should be minimal. A motion was made by Council Member Neal, seconded by Council Member Davis, to authorize the Mayor to execute this agreement on behalf of the City of West University Place after investigating whether METRO would add language to the agreement referring to the Council's interest to comply with the City's Comprehensive Plan. A vote was taken on the motion with the following result: Voting Aye: Voting Nay: Absent: Mayor Fogler, Council Members Davis, Neal and Starich None Council Member Sparkman BROMPTON ROAD SANITARY SEWER LINES: Consideration was given to the fmal acceptance and payment of contract work by Insituform Texark, Inc. for the rehabilitation of the 36" sanitary sewer line in Brompton Road. Mr. Menville reported that Insituform Texark, Inc., the prime contractor on the 36" Sewer line Rehabilitation Project has completed all work and has submitted a final payment request in the amount of $92,939.18. 7 ~rL._. ~~-- ---------'---.l~.. ~---~------rl~mnrnmrIr1r'>-- This project involved installation of a fiberglass liner in this sewer line, starting at the intersection of University Boulevard and Brompton and ending just on the south east side of the Brompton Townhomes. Documentation required prior to formal acceptance includes the Agreement for Final Payment and Contractor's Sworn Release Form and Affidavit. The final contract in the amount of $1,159,023.95 represents a decrease of $1,346.05 from the original contract of $1,160,370.00, or -0.12%. Funding was provided through the Infrastructure Improvement Fund. A motion was made by Council Member Starich, seconded by Council Member Neal, to accept the final contract work by Insituform Texark, Inc. and approve the final payment. A vote was taken on the motion with the following result: Voting Aye: V oting Nay: Absent: Mayor Fogler, Council Members Davis, Neal and Starich None Council Member Sparkman CITY COUNCIL MINUTES: Consideration was given to the minutes of the following City Council meetings: (a) Regular Session conducted on October 26, 1998 (b) Workshop Session conducted on October 26, 1998 A motion was made by Council Member Neal, seconded by Council Member Starich, to approve the minutes as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Fogler, Council Members Davis, Neal and Starich Voting Nay: None Absent: Council Member Sparkman STAFF REPORT: City Manager Sherman Yehlreportedthat the employee Christmas luncheon would be held on December 11 at the Community Building. COUNCIL COMMENTS: Council Member Starich commented about the Town Meeting held on November 16. 8 i. .L.L..- ~, ~,.,". _J::::;:IDIJ:l '...-I~, ----------!'T'.,.lllIlomnril.nmU,lt .< Mayor Fogler suggested that a letter be sent to Senator Buster Brown opposing a bill that may be submitted by Senator Jon Lindsay that would take all of the money from METRO that would be coming to the City of West U and give it to the County to distribute. The proposal from Senator Lindsay may also include a proposal to change the composition of the METRO Board so that there are five representatives from the City of Houston, four for the County and three for the Small Cities. Mayor Fogler commented that the letter to Senator Brown should also oppose this change. ADJOURNMENT: With no further business to come before the City Council at this time, a motion was made by Council Member Starich,.seconded by Council Member Davis, to adjourn. The Regular Session adjourned at 9:52 p.m. 9 I..l......-_~....l..l1I.lJ.. _~rr'_j. L_.i.Iic:..1.1..1. lo.i..l.lAiJ:i::. ~_n_~_~---rr.~:~=m'llIIIr1r" -