HomeMy WebLinkAbout010801R CC Min
CITY COUNCIL REGULAR SESSION
MONDAY, JANUARY 8, 2001
MUNICIPAL BUILDING COUNCIL CHAMBERS
3800 UNIVERSITY BOULEVARD
6:30 P.M.
The City Council convened in Regular Session in the Municipal Building Council
Chambers on January 8, 2001, with the following members present: Mayor Lewis
presiding, Council Members Ballanfant, Bertini, Grubb and May. The City Manager,
City Secretary, City Attorney, Public Works Director and Finance Director were also
present.
The notice for this meeting was posted in accordance with the Texas Government Code,
th
Chapter 551, on the 5 day of January 2001 at 3:45 p.m.
Citizen Comments.
Mayor Lewis invited citizens who wished to address the City Council to come forward as
their names were called.
John Stokes, 2920 Rice Blvd., thanked the City Council for allowing the Compaq
Houston Marathon to move through West University Place.
Ralph Giles, 3501 Tangley, opposed adding sidewalks in the City where none currently
exist.
Jim Cole, 3523 Robinhood, stated that if a 4 foot sidewalk was constructed in front of his
home, he would not be able to park his car in his driveway without extending over the
sidewalk.
Morris Loden, 3421 Amherst, opposed the installation of sidewalks in his area.
Beth Beloff, 3501 Nottingham, requested that the City Council designate a tree-friendly
no-sidewalk zone, that the area between Buffalo Speedway and Poor Farm Ditch, north
of University be included in the no-sidewalk zone and that the impact on trees be studied.
She presented a letter to the City Council.
Marc Geller, 3501 Nottingham, stated that the citizenry did not give the City Council a
mandate to put in new sidewalks. He commented that property values would decline if
trees were destroyed in his area.
Harold Williams, 3603 Sunset, opposed the installation of sidewalks in the North/South
streets. He stated that he objected to politicizing children as a reason to put in sidewalks.
Ray Grice, 3423 Albans, opposed the installation of sidewalks in his area. He stated that
he would not be able to park his car in his driveway without extending over the sidewalk.
City Council Regular Session, January 8, 2001
Millie Bradley, 3522 Rice, stated that she was offended by the insinuation that not
wanting sidewalks meant that she did not care for children. She requested that the
Council review alternatives regarding the installation of sidewalks.
Ralph Atkinson, 3421 Plumb, stated that he wanted to preserve the uniqueness of some of
the neighborhoods within the city. He urged the Council to be cognizant of their area.
Tom Hedrick, 3602 Plumb, opposed the installation of sidewalks on the North/South
streets.
J. Stuart Jackson, 3822 Tennyson, opposed new building regulations which would extend
the building setback on residential garages.
Davis Thames, 2908 Rice, encouraged the Council to allow air conditioner units in the 5-
foot set backs on the short side of the property. He also requested that a fence be
required around the unit to buffer the sound.
Ken Hoffman, 4212 Ruskin, requested that the Council put tighter restrictions on signs.
He stated that the sign ordinance was not being enforced.
David Cole, 4104 Cason, urged the Council to adopt Ordinance No. 1668 or put even
stricter criteria in the ordinance. He stated that right-of-way work was being done before
8:00 a.m. on a Sunday morning.
Ordinance relating to street areas and other public places.
Matters related to the first and final reading of Ordinance No. 1668.
Mayor Lewis read the caption of Ordinance No. 1668 as follows:
An ordinance relating to pavement, street areas and other public places; extending
temporary regulations; providing for fees; containing findings and provisions relating to
the subject; and declaring an emergency
City Attorney Jim Dougherty reported that Ordinance No. 1668 would extend the
temporary regulations that the city has been operating under for several months. The
staff is currently waiting for an answer from the Attorney General regarding which
companies the city must regulate.
Copies of Ordinance No. 1668, in the form proposed for adoption, were available in the
Council Chambers.
A motion was made by Council Member Bertini, seconded by Council Member May, to
adopt Ordinance No. 1668 on the first and final reading.
2
City Council Regular Session, January 8, 2001
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Final payment for Priority Area 6B.
Matters related to the acceptance and final payment to Contractor Technology, Inc. for
work completed in Priority Area 6B.
Public Works Director Ed Menville, reported that Contractor Technology, Inc., the prime
contractor on the infrastructure improvements in Priority Area 6B, has submitted a final
payment request in the amount of $313,196.69. Tabulation of the contracts various
components reveals that the contractor used more calendar days to complete the project
than is allowed by the contract. The City?s engineers, Claunch & Miller, Inc., have
determined that the days used in excess of the required time is 83 days. Special
provisions to the General Conditions in the contract state that any portion of work not
completed after the expiration of the time limit may be accessed liquidated damages in
the amount of $1,500 per calendar day or $124,500.00
Mr. Menville stated that CTI is contesting the liquidated damages and would like an
opportunity to speak with the City Council. Staff is recommending that the City Council
authorize a final payment in the amount of $188,696.69 and place this item on the agenda
for the next meeting.
A motion was made by Council Member Grubb, seconded by Council Member Bertini,
that the letter dated January 8, 2001 from the attorney from CTI be approved, and the
City Manager be authorized to make partial payment of $188,696.69 subject to execution
of necessary documents, and that the issue of liquidated damages be placed back on the
agenda for the next Council meeting.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
City Council minutes.
Matters related to the minutes of the Regular and Special Sessions conducted on
December 11 2000.
3
City Council Regular Session, January 8, 2001
A motion was made by Council Member May, seconded by Council Member Ballanfant,
to approve the minutes as presented.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members Ballanfant, Bertini, Grubb
and May
Voting Nay: None
Absent: None
Staff Report.
City Manager Sherman Yehl reported that the Police Department has hired a new officer
and would be operating under full strength on January 22, 2001.
Council Comments.
Council Member Grubb commented that he was delighted about the Police Department
operating with a full staff.
Council Member Bertini commented that the Traffic Task Force and the Recycling and
Solid Waste Reduction Board would both be meeting on Tuesday night.
Council Member Ballanfant commented on some of the issues raised by citizens
regarding sidewalks. He referenced the final minutes of the Sidewalk Committee and the
recent Bond Election for the installation of sidewalks on all streets.
Mayor Lewis invited everyone to watch the Compaq Houston Marathon on Sunday
morning.
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member May, seconded by Council Member Bertini, to adjourn. The Regular
Session adjourned at 8:28 p.m.
4