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HomeMy WebLinkAbout052002R CC Min CITY COUNCIL REGULAR SESSION MONDAY, MAY 20, 2002 MUNICIPAL BUILDING COUNCIL CHAMBERS 3800 UNIVERSITY BOULEVARD 7:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers on May 20, 2002, with the following members present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson. The City Manager, City Secretary, City Attorney, Parks and Recreation Director and Police Captain were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 17 of May 2002 at 4:00 p.m. Citizen Comments. Mayor Lewis invited citizens who wished to address the City Council to come forward as their names were called. Donald Breeding, 3834 Southwestern, requested information and feedback regarding the Drainage Committee. Linda Plant, 3421 Tangley, commented about trees and sidewalk curb cuts. She stated that she was frustrated over the lack of communication between the City?s management and the contractors. Ordinance calling joint public hearing. Matters related to the first and final reading of Ordinance No. 1711. Mayor Lewis read the caption of Ordinance No. 1711 as follows: An ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance of the City of West University Place, Texas, regarding outdoor lighting; prescribing procedures and notices; containing findings and provisions relating to the subject; and declaring an emergency. Copies of Ordinance No. 1711, in the form proposed for adoption, were available in the Council Chambers. City Attorney Jim Dougherty reported that Ordinance No. 1711 would set a joint public hearing for June 24, 2002 to consider a proposal to amend Section 8-107 imposing different restrictions upon outdoor lighting. The proposed ordinance would apply only to outdoor lights if ?the bulb or light source? is visible from inside a neighboring residential building. City Council Regular Session, May 20, 2002 Charles Nelson and Steve Brown, members of the Zoning and Planning Commission, were present at the meeting. A motion was made by Council Member May, seconded by Council Member Griffin, to approve Ordinance No. 1711 on the first and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Ordinance amending Chapter 2 of the Code of Ordinances. Matters related to the second and final reading of Ordinance No. 1712. Mayor Lewis read the caption of Ordinance No. 1712 as follows: An ordinance relating to Administration and Finance; amending Chapter 2 of the code of ordinances of the City of West University Place, Texas; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1712, in the form proposed for adoption, were available in the Council Chambers. City Attorney Jim Dougherty stated that Ordinance No. 1712 is an omnibus ordinance that brings forward several changes recommended by the Code Review Team. Mr. Dougherty presented a section-by-section analysis of the changes. Included in the changes under Section 2.025(d)(4) is an additional amendment to allow the City Manager to settle small claims against the City for money damages. A motion was made by Council Member Jackson, seconded by Council Member Griffin, to adopt Ordinance No. 1712 on the second and final reading as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None 2 City Council Regular Session, May 20, 2002 Ordinance designating official newspaper. Matters related to the first reading of Ordinance No. 1713. Mayor Lewis read the caption of Ordinance No. 1713 as follows: An ordinance designating an official newspaper of the City of West University Place, Texas; and containing findings and provisions relating to the subject. Copies of Ordinance No. 1713, in the form proposed for adoption, were available in the Council Chambers. City Secretary Kaylynn Holloway reported that on Tuesday, May 7, 2002 bids were received for the publication of legal notices and advertising. The bid documents included a sample ordinance notice to use as a basis for the bids. The City received four bids as follows: West University Examiner $ 12.28 Village News $ 40.54 Houston Business Journal $255.00 Houston Chronicle $658.68 In the past years, expenditures for legal publications have been approximately $2500.00 in a non-election year and can reach $9,000.00 during an election year. Based on the above bids, utilizing the West University Examiner could save the City approximately 80% over recent years on legal publications. A motion was made by Council Member Farley, seconded by Council Member Griffin, to adopt Ordinance No. 1713 appointing the West University Examiner as the official newspaper of the City. A vote was taken on the motion with the following result: Voting Aye: Council Members Farley and Griffin Voting Nay: Mayor Lewis, Council Members Jackson and May Absent: None The motion failed. Council Member Griffin inquired as to why other members of the Council would vote against the low bid. Mayor Lewis commented that her concern was that there was such a discrepancy in the rates and that she found it interesting that this particular time was picked to go out for bid again. 3 City Council Regular Session, May 20, 2002 Council Member Griffin stated that the City now has another paper in circulation in the area and that would be the main reason for seeking bids. She asked the other Council Members why they would not accept the low bid. Council Member May commented that he was concerned about the severity of the spread and that sometimes in his business there is a practice to throw out the high and low bids. He inquired about the use of the Chronicle and if circulation was ever a problem. Ms. Holloway stated that the Houston Chronicle is used for notices such as ones for the City?s Wastewater Treatment, which is located in the City of Houston. The Chronicle is also used on rare occasions when publication deadlines have to be met. The City uses its web site for bid notices and will begin using the State?s web site also. A motion was made by Council Member Griffin, seconded by Council Member Farley, to seek bids annually for the official newspaper in order to remain competitive with the market. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None A motion was made by Council Member Jackson, seconded by Council Member May, to adopt Ordinance No. 1713 appointing the Village News as the official newspaper. Council Member Farley pointed out that the Village News? rate is $4.00 for the first ten words and $.14 for each additional word whereas The West University Examiner?s rate is $.045 per word. He stated that this was quite a disparity. Council Member Griffin commented that if the concern is really circulation then maybe the City should look at using the Chronicle because otherwise she did not understand why the Council was not accepting the low bid. Council Member Farley agreed with Council Member Griffin?s comments. Council Member May requested that this item be tabled to have an opportunity to seek further information. Mayor Lewis agreed with Council Member May?s request. A motion was made by Council Member May, seconded by Council Member Griffin, to table consideration of Ordinance No. 1713 pending further information. 4 City Council Regular Session, May 20, 2002 A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Bids received for Colonial Park renovations. Matters related to the bids received on May 9, 2002 for the renovation of Colonial Park. Parks and Recreation Director Mark Mailes reported that on May 9, 2002, bids were received and opened for improvements to Colonial Park. The lowest base bid was from Jerdon Enterprises in the amount of $411,111. The Friends of West University Parks Fund, Inc. have raised and allocated $350,000 for construction (plus an additional $50,000 for two large playground pieces that will be purchased separately). The Friends have requested that Council approve a $400,000 construction contract. The Friends will commit to use its best efforts to raise the additional $50,000. The proposed $400,000 contract affords the ability to get the project to a point where future improvements have a lesser impact on the park usage. This request is consistent with the funding of the purchase of four lots on Case Street in 1991. The remaining $63,500 for utility relocation can be funded by the City by transferring General Fund reserves to the Capital Improvement Fund ($55,500) and utilizing the Parks Check-off Fund ($8,000). Based on the Friends commitment for $400,000 in contract expenditures, the proposed contract would modify the base bid by: Adding? Alternate 22 ? flag poles Rejecting ? Alternate 1 ? Add arbor Alternate 7 ? Add bench swing structure Alternate 2 ? Add walls Alternate 8 ? Add trees Alternate 3 ? Add pavilion stone Alternate 15 ? Delete wood bench columns Alternate 4 ? Add See-Saw Snake Alternate 16 ? Broom finish concrete walk Alternate 5 ? Add spring riders Alternate 20 ? Delete shrub plantings Alternate 6 ? Add net wall Alternate 21 ? Delete sediment control The 2002 Budget appropriated $150,000 to the Colonial Park Project. This appropriation was based on the project taking part of two fiscal years to complete and a total project cost of $300,000. Since the project is now expected to have approximately $520,000 in expenditures in 2002, approval of this project will necessitate a budget amendment of $370,000 in the Capital Improvement Fund. 5 City Council Regular Session, May 20, 2002 A motion was made by Council Member Jackson, seconded by Council Member May, to approve the bids received from Jerdon Enterprises in the amount of $398,611. Council Member Farley inquired about Alternate 8-add trees that is part of the rejection list. Mr. Mailes stated that there is a package of trees that the Boards would like to add that includes about 70 trees. The Friend?s hope is to raise the additional money to add the trees, the arbor and other alternates. There are eleven trees that will be offered through the Tree Trust Fund but that is all that is available at this time. Council Member Farley offered an amendment to delete the eastern most portion of the 8-foot concrete walkway, which is about 4,000 square feet of concrete. According to the survey people want wooded open spaces and the City is deleting trees. Council Member Farley stated that the concept is a good one with the exception of the concrete and that he appreciates the work of the Parks and Friends Board but he would vote no because of the track and the deletion of the trees. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Griffin and Jackson Voting Nay: Council Member Farley Absent: None The motion passed. A motion was made by Council Member Jackson, seconded by Council Member May, to approve an expenditure of $63,500 for utility relocation and associated costs. Council Member Griffin commented that she was concerned as to what precedent the City was setting in paying for relocation of the utilities. She stated that she continues to have a question as to whether the City?s franchise should be covering it and someone else paying for the relocation. From the beginning when the entire renovation was looked at, it was known that the utilities would have to be moved and should have been allowed in the Budget at that time. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May and Jackson Voting Nay: Council Members Farley and Griffin Absent: None The motion passed. 6 City Council Regular Session, May 20, 2002 Purchase of vehicles. Matters related to the purchase of replacement vehicles for the Police Department. Police Captain Tod Schneider stated that in order to maintain a safe, efficient vehicle fleet, the Police Department is requesting authorization to purchase two police patrol vehicles to replace two vehicles ? a 1998 Ford Crown Victoria and a 1999 Chevrolet Tahoe. The current vehicles are approaching 70,000 miles of use, are at the end of their warranty period, and are experiencing increasing mechanical failures. The vehicles will be purchased utilizing a state contract in order to obtain the best price. Funding in the amount of $60,000 was appropriated in the Fleet Replacement Fund The purchase price is $48,000. The remaining $12,000 will be used to purchase decals, light bars, prisoner transport seats and screens, consoles, and other equipment necessary to fully equip the patrol vehicles. A motion was made by Council Member Griffin, seconded by Council Member Farley, to authorize the purchase of the Police Department vehicles in the amount of $60,000. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None City Council minutes. Matters related to the minutes of the Regular and Special Sessions conducted on May 13, 2002. A motion was made by Council Member Jackson, seconded by Council Member Griffin, to approve the minutes as amended. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Staff report. City Manager Sherman Yehl reviewed some of the results of the citizen survey. He stated that this was his last council meeting that he would be participating in and that he wanted to convey his appreciation to the Council, Staff and the residents that he has 7 City Council Regular Session, May 20, 2002 been associated with over the last six years. He stated that he would miss everyone but was looking forward to a different challenge and opportunity in the Woodlands. Council comments. Council Member Farley commented that the reason he chose his particular council seat in the Chambers was that it put him at the right hand of Mr. Yehl. He stated that he was very sad to see him go because he has been a mentor and a valuable source for good government. Council Member Farley also thanked Mr. Yehl and Mr. Ross for removing the infrastructure sign. Council Member May thanked Steve Brown and Charles Nelson for their work on the lighting ordinance. Council Member Griffin asked Mr. Ross if there was a policy or guidelines set for use and maintenance of the City vehicles. She also inquired about the open action items that were past their due dates. Council Member Griffin commented that she saw residents taking it upon themselves to clean up the trash trees growing with the oleanders and she thanked Charles Nelson for his service on the Zoning and Planning Commission. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Jackson, seconded by Council Member Farley, to adjourn. The Regular Session adjourned at 8:38 p.m. 8