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CITY COUNCIL SPECIAL AND REGULAR SESSION
MONDAY, OCTOBER 8, 2007
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Special and Regular Session in the Municipal Building (3800
University Blvd.) on October 8, 2007, with the following members present: Mayor Kelly
presiding, Council Members Fry, Cohen, Guffey and Talianchich. The City Manager, City
Secretary, City Attorney, Assistant City Manager/Public Works Director, Fire Chief, Parks and
Recreation Director, Police Chief and Finance Director were also present.
The notice for this meeting was posted in accordance with the Texas Government Code, Chapter
th
551, on the 4 day of October 2007 at 3:50 p.m.
Formal Session
Citizen Comments
Mayor Kelly invited citizens who wished to address the City Council to come forward as their
names were called.
Eric Orzeck, 2632 Wroxton, spoke about the noise from the 5:00 a.m. collection of the private
garbage dumpsters.
Dick Yehle, 6401 Rutgers, spoke about the proposed purchase of the property on Corondo Court.
He stated that this partial of land would serve a relatively few number of people and was too
small.
Stephani Seewald, 3514 Corondo Court, spoke against the purchase of the property on Corondo
Court because of the safety issue. She stated that the park might attract people who are
patronizing the adult business store across Holcombe Boulevard.
Don Hooper, 3547 Wood Valley, requested that the Council help him to encourage the West
University Police Department to do an investigation on the incidents that led to his arrest in
2005.
Park Property.
Matters related to the purchase, exchange, lease or value of real property for park purposes. This
may include but is not limited to the property located at 3501 Corondo Court.
City Council Regular and Special Session, October 8, 2007
Russell Schulze and Dave Agerton, members of the Parks and Recreation Board, addressed the
City Council about the purchase of the property at 3501 Corondo Court. Mr. Schulze stated that
they polled the residents in the area and 66 were in favor of the purchase and 33 were not. They
suggested that the City purchase the property and hold it for a year or more before dedicating it as
parkland.
Council Member Talianchich stated that the house and property has been on the market since
March of 2007. The property is not good value, backs up to the Holcombe townhouses and is not
worth more than $375,000. The City should not pay $420,000 for the property.
Mayor Kelly asked if the City has an appraisal on the property.
City Manager Michael Ross stated that he has spoken with the appraiser and has indicated that he
would have no trouble honoring the asking price market value.
Mr. Schulze commented that he agreed with Council Member Talianchich that the property is not
an ideal location for a builder but it might make a good location for a park and there are families
in the area that are not served by a park.
Council Member Cohen commented that she has lived in the area for 20 years and the adult
business store has never impacted her negatively.
Council Member Guffey asked if there had ever been any incidents or problems with people from
the adult business.
No one knew of any incidents.
Mr. Agerton stated that he owned 3501 Corondo Court for 20 years and that he sold it a few
years ago for over $390,000, after it had been on the market, with the assistance of a realtor.
Council Member Talianchich stated that he has the records and the property sold for $296,000 in
May of 2005.
Council Member Fry asked if it was unanimous on the Parks Board to purchase the property.
Mr. Schulze stated that it was unanimous to use the property as a trial run to see if it will work
out as park property.
Mayor Kelly asked about the price per square foot on the property at $420,000.
Council Member Talianchich stated that it was $70.00 per square foot.
After further discussion of this item, Mayor Kelly called for a motion.
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City Council Regular and Special Session, October 8, 2007
A motion was made by Council Member Cohen, seconded by Council Member Fry, to authorize
the City Manager to negotiate with the owner of 3501 Corondo Court to acquire the property for
a maximum price of $420,000.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen and Guffey
Voting Nay: Council Member Talianchich
Absent: None
The motion passed 4-1.
Fees and Charges Schedule.
Matters related to the Fees and Charges Schedule including review of proposed changes and
Ordinance No. 1853.
Mayor Kelly read the caption of Ordinance No. 1853 as follows:
An ordinance relating to the Fees and Charges Schedule; amending the fee schedule of Code of
Ordinances of the City of West University Place, Texas; and containing findings and provisions
relating to the subject.
Copies of Ordinance No. 1853, in the form proposed for adoption, were available in the Council
Chambers.
Council Member Guffey stated that he had a lot of questions concerning the proposed
amendments to the fee schedule. He requested that this item be postponed and placed on a future
workshop for further discussion.
Mr. Ross stated that the only problem was that the Parks and Recreation Department is on a
deadline with a mail out that includes these fees. He commented that there are two readings on
the ordinance and the Staff could make modifications before the second reading.
The City Council agreed that they needed more time to discuss the changes to the fee schedule.
They also agreed to meet separately with the Staff to review the changes before the next regular
session.
A motion was made by Council Member Fry, seconded by Council Member Guffey, to adopt
Ordinance No. 1853 on the first reading subject to revisions being made before the second
reading of the Ordinance.
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City Council Regular and Special Session, October 8, 2007
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
City Council minutes.
Matters related to the minutes of the Regular and Special Session conducted on September 24,
2007.
A motion was made by Council Member Cohen, seconded by Council Member Talianchich, to
approve the minutes of September 24, 2007 as presented.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
Council Reports
Council Member Talianchich requested that an agenda item for discussion on environmental
issues be placed on the next agenda.
The City Council agreed with the request.
City Manager Report
Mr. Ross reported that Patrick Walters, Operation Superintendent, received a liver transplant on
st
Saturday and was doing well. The fundraiser for him is scheduled for December 1.
The City Council adjourned the Regular Session at 7:38 p.m. and convened in Special Session in
the Conference Room.
Special Session
Park Property.
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City Council Regular and Special Session, October 8, 2007
Matters related to the purchase, exchange, lease or value of real property for park purposes.
This item was not considered during the Special Session.
College Avenue & Bellaire Boulevard Improvement Project.
Matters related to construction bid award on the project.
Claunch & Miller representatives Chris Claunch, James Andrews, Steve Ratcliffe and Todd
Calvin were present at the meeting. Mr. Claunch presented the following report on the project.
?As per our conversations we are in the process of reviewing the bids and the qualifications
of the apparent low bidder for the above referenced project. Bids were received on
September 26, 2007 and "Total Contracting Limited" is the apparent low bidder. The
review process is still underway. A breakdown of the bids are as follows:
West U. Southside Houston Total
Low Bidder....................$5,904,203.00 $4,749,569.50 $486,717.50 $11,140,490.00
Metro Funds
Available for Const.....$3,776,221.47 $5,044,997.00
Difference................<$2,127,981.53> +$295,427.50
As you know this cost also includes the cost of the waterline, which had not been included in
the original estimates when the funds were requested from Metro. As we discussed
during our meetings in August of this year, we had concerns about the rising construction
costs that we were seeing. To this end, the water line was bid as an alternate and that
portion of the work bid at $481,685. Therefore, the bid for the West U. portion of the
work came in approximately $1,646,000 over the available Metro funding. Due to the
condition of the waterline and the advantage to the City to construct the waterline as part
of this project, it is expected that the waterline alternate will remain within the project
scope.
The last request for funding from Metro occurred in June of 2006 and utilized estimates,
which were current at that time and included inflation elements in anticipation of any
potential cost increases. During the design phase we began to see a general increase in the
construction costs which, we were fearful would exceed the estimated costs. That is why the
waterline was made an alternate bid item.
In examining the bids, it becomes obvious that the primary reason for the cost increase lies in
the cost of the construction of the box culverts. While some increase can be attributed to a
general increase in construction costs, and additional construction items, which were not
known at the time of the Metro request, the box culverts represent the most significant
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City Council Regular and Special Session, October 8, 2007
increase. The unit prices for the box culverts were an average of 53% higher than that
estimated. The drainage element alone accounts for over $1,145,000 in increased costs. This
increase was consistent with all the bidders.
Why did this occur? Due to this bid coming in higher than expected, Claunch & Miller, Inc.
(CMI) has been conducting a series of interviews with the bidding contractors to determine the
reasons for the higher than expected bids. We have discovered that one of the three primary pre
cast box suppliers recently obtained a significant project and ceased providing bids for pre
cast boxes. This company had a history of bidding low and keeping the other supplier's prices
in check. When this company recently decided to stop bidding, then the unit price of pre cast
boxes increased significantly due to this loss of competition. For example, the City of
Houston's May bids (most current posting) for a 9'x6' box was $500 per linear foot. The low bid
on this project was $750 per linear foot. (An increase of 50%). The average cost for all
bidders was $800 per foot. CMI's estimate was $645 per foot.
The unanticipated jump in the pre cast box prices and the bid alternate cost for the waterline,
which was never in the requested funds total to approximately $1,627,000 which is the
approximate shortfall of $1,646,000 in the Metro funding.
Our research thus far, shows no indication that better prices could be realized if the project
were to be re-bid. Discussions with City staff and the need for drainage improvements and
the waterline indicate a consideration for funding the project as bid.
The second low bidder on this project is Metro Cities Construction, a firm familiar with West
University Place. Their bid is $75,069 higher than the low bidder for West University Place and
$230,160 higher than the low bidder for the City of Southside's portion.
We are continuing to research the qualifications of the apparent low bidder and are
coordinating with the City of West University Place and the City of Southside on this issue.
We will continue to keep you apprised of this process and hope to develop a recommendation for
award soon.?
The City Council discussed funding options with the Finance Director.
The City Council requested that this item be placed on the next agenda for bid award with a
corresponding reimbursement resolution to fund the project.
Adjournment
A motion was made by Council Member Cohen, seconded by Council Member Talianchich, to
adjourn the Special Session.
A vote was taken on the motion with the following result:
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City Council Regular and Special Session, October 8, 2007
Voting Aye: Mayor Kelly, Council Members Fry, Cohen, Guffey and
Talianchich
Voting Nay: None
Absent: None
The motion passed 5-0.
The City Council adjourned the Regular Session at 8:12 p.m.
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