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HomeMy WebLinkAboutMinutes_1980 5G REGULAR CITY COMM I SS I ON MEET I NG January 14, 1980 The City Commission convened in regular session at the City Hall on Monday, January 14, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Maneval and Rosenbaum. The City Attorney and Acting City Manager were also present. Commissioner Horne was out of the city. The Invocation was pronounced by Commissioner Rosenbaum. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission held on Saturday, December 29, 1979, were presented for consideration with Mayor Cole noting that the meeting had been held 01) a Saturday in response to a re- quest by residents wishing to attend a meeting but were precluded from night attendance. Motion by Commissioner Ahrens, seconded by Commi.ssioner Maneval, that minutes of the regular meeting of the Commission on December 29,' 1979, be .corrected to reflect that section 6 of his six-part motion read, "That the City Commis- sion disolve one full-time position and two one-half time positions recommended in the 1980 budget II and minutes of the regular meeting of the City Commission held on December 29, 1979, approved as corrected. Vot ing Aye: All Voting No: None HEARING OF RESIDENTS: Mr. W. L. Partridge, 4040 Ruskin, requested that the Commis- sion give consideration to the installation of a "No Parking" sign at the corner of Ruskin and Academy at lea.st thirty (30) feet from the' IStopSign" in order to facilitate movement of MTA buses around the corner. Mr. Partridge reported damages incurred by the cul~de-sac, numerous automobiles and curbs and gutters when the buses are unable to negotiate the turn. In response to a question by Mr. Partridge regarding the holding of another meeting of the Commission on a Saturday, Mayor Cole stated that one more meet- ing would be scheduled with at least six weeks notice and if it was not well attended no more would be planned. CONCERNS OF THE CITY COMMISSION: City Attorney David Allums advised Commissioner Ahrens that he had discussed the city's membership in the Briar Club with the Director of the Club and had requested that the city's membership be put on an inactive status with no payment of dues or fees until a final determination is made in January, 1981. Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that mem- bership in the Briar Club"is an inappropriate activity of the city and that such activity be put not only on an inactive status but be lised with the Briar Club for sale. Voting Aye: Ahrens Maneval Rosenbaum Voting No: Cole SALE OF ABANDONED SEWER LINE EASEMENT: In response to a request by City Attorney David Allums this item was changed in its order on the agenda. [ . -1'1___ _ _ _____cC::r;::i:3 ___!_--.:i....l~.., T-~ --..]L':L,.... Ili.i.id1JJl,--------,------------c- .';~':i:rT.Hnrrr[r.;:i- r; 57 Mr. Allums stated that h~ had received a request from Unicenter Properties for the release of a ]01 utility easement on property located at Bellaire and Rut- gers. Mr. Allums presented a map showing the easement location, noting that the easement had been granted to the city in 1952 to provide utility service to a house being constructed at that location. Mr. Allums noted that it had been determined that the easement had:neverbeen used and a clause in the easement that such easement would revert to the property owners if not used. Mr. Allums ~iso noted that in accordance with'the provisions of State Statute~ a fair mar- ket price must be obtained for the sale of any city property and that he and representatives of Unicenter Properties had negotiated a"SOe per square foot price for the purchase of the easement. Resolution Number 80-2 was presented to the Commission and read in full: WHEREAS, the City Commission of the City of West University Place has received a request for the reconveyance of an easement granted to the ; '" €:itY~iin 1952, said easement granted for the purpose of uti 1 ity easement ," toc:a 1 sr>ec if i c res i dence; and,' WHEREAS, the necessity for such utility easement no longer ex- , i sts; and WHEREAS, the City Commission is of the opinion that a fair market price for purchase of the easement owned by the City has been reached. NOW,-THEREFORE, BE lT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE," TEXAS:. Section 1. That the utility easement conveyed to the City of West Universi,ty Place; Texas by document as set out in Volume 2527, Page 2528, Page 337 of the Deed-Records of Harris County, TeXas, said easement located on Lot 2, Block 41 ;of West University Place Addition is no longer necessary or desirable for the City to retain and that said easement should be conveyed to the current land owner,UNICENTER' PROPERTIES, INC., pursuant to their request of conveyance. Section 2. That the sale price of said easement of $625.00 is a fair market price for said easement conveyance. Section 3. That Mayor James B. Cole is hereby authorized to execute the necessary conveyance documents conveying theCityl~ interest in said easement for the sum of SIX HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($625.00) the consideration heretofore set forth. Section 4. That the easement shall be withdrawn from the list- ing of city property upon the execution of said conveyance. ~, day of , 1980. PASSED AND APPROVED this Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Resolu- tion Number 80-2 with the attached Quitcli:lim Deed be approved as read. Vot i hg Aye: All Voting No: None . rr.rl.ln..'''_tr'!:'r... - - "-- - 1;1 58 USE OF A PORT I ON OF SAN I TARY LANDF I LL SirE: Act i ng City Manager Dick Rockenbaugh advised the Commission that the original request from Mr. Lowell Crew, repre- senting the Braeburn Valley West Civic Association, for permission to use a U portion of the city's sanitary landfill site for recreational purposes was received in early September, 1988, that an investigation of the request was made by staff personnel, and no further acti'on taken. Mr. Crew, President of the Civic Association, presented the Commission a lay- out showing projected location of tennis courts, baseball and soccer fields and a football field on the site. Mr. Crew stated that it was the desire of the Association to enter into a long-time lease ~greement wit~ the city prior to the investment of funds into development of the area. Mayor Cole advised Mr. Crew and other members of the Association in attendance that their request would be considered by the City Commission in workshop ses- sion and they would be advised of the decision made.' STAFF REPORT: It was agreed by members of the Commission that this item be changed in its order on the agenda. The Commission was advised that consideration of a letter of agreement with Gulf Coast Waste Disp6sal~Authority for the preparation of preliminary plans for the construction of a solid waste transfer station on the city's landfill site had been considered in a workshop session and was included on the agenda at the request of the Commission. City Attorney David Allums expressed his concern regarding any commitment of funds that might be made by the city if the Letter of Agreement is executed 0, I and the city subsequently does not want to proceed with a contract for the , I project. Mr. Allums was advised that the purpose of the Letter of Agreement was to enable Gulf Coast Waste Disposal Authority to proceed with its appli- cation for a permit and work with Bernard Johnson, Inc. in the preparation of a rough lay-out of the project. Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that City At- torney David Allums be instructed to re-draft the Letter of Agreement after consulting with Mr. Paul Davis of Gulf Coast Waste Disposal Authority, for further consideration by the Commission. Voting Aye: All Voting No: None Mr. Allums was instructed to investigate possible costs that might be involved in a professional appraisal of the sanitary landfill property. PURCHASE OF EXERCISE MATS: The following tabulation and recommendation for purchase of exercise mats for which bids were received by the City Commission on Decem- ber 29th was presented: Bids were received from three (3) companies for the exercise mats, they are: Oshman's Athletic Goods Persenaire Park & Playground Products 'Pasadena Sporting Goods $ 34.27/mat 23.00/mat 23.00/mat u The bid from Pasadena is for a premier mat, meeting the speci- fications issued by the Community Services Department. The bid n D n 59 from p'ersena ire is for a mat manufactured by Un'i ted' Canvas 'and Sling, which also' meetsspeCifi'cati6ns. Del iverydates are approximately thirty (30)' d:ays "for each company. The two b i ds,bas i Cel 11 Y 'be i ng' the same, 1 eave me no recourse but to go back to my exper i ence' in dea 1 i ng wHh .products from these two companies. The Prem'i er mati s not of as high a qual i ty product as the United' Canvas andSHng mat. Also, if 'the time aris'es that. we need repairs, servke, etc., we would need to go through the manuf~cturer in the case of Premier, which deaJ~ with sport- ing goods stores around the country, whereas Persenaire is the exclusive dealer in the State of Texas for United Canvas and S 1 i ng . Therefore, J am recommending the City Commission accept the bid from 'Persenaire Park and Playground Products for $23.00/ mat, or a total of $1,150.00 for 50 mats. Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the City Commission accept the bid of Persenaire Park & Playground Products for pur- chase of fifty exercise mats as. recommended by Director of Community Services Tom Carson. Vot i ng Aye: All Voting No: None PURCHASE OF POLICE 'PJHROl UNIT CAGES: The 'following recommendation from Chi,ef of Police Frank Robinson for purchase of polic~ patrol unit cages was presented for consideration. '1 have reviewed bids submitted on protective cages for patrol cars from M.S. Sales and Modus Operandi Unlimited.' I 'am concerned about the type of cage b i dded by Modus Operand i Unlimited. There is no indication in the attached literature as to ease and cost of conversion from one size vehicle:to another. After several attempts to reach Mr. Art Simon he'was contacted on January 8, 1980, and he advised the cost to convert from one size vehicle to another was $31.50 each. Mr. Simon agreed to put in writing the conversion cost and to warrant the ,fact that the cages will convert from one size vehicle to another. As of this date, I have not received anything in writing from Mr. Simon. Mr. Simon has been extremely hard ,to each and it -appears this may be indicative as to the type of service we can expect to receive. I recommend the Commission award ,the bid to M.S.Sales. We have done business with M. S. Sales on numerous occasions and find them to be above average in service and attention to 'our 'needs. Motion byCommission~r Maneval, seconded by Commissioner Rosenbaum, that the City Commission accept the recommendation of Chief Robinson and authorize purchase of two protective cages 'from M.S. Sales at their bid price of $269.00 each. Vot i ng Aye: All Voting No: None "~., ..--r-:--'~ ~ T. < ~ . ~~ "",",...,.,..., 60 JUDSON PARK MINI-BASKETBALL COURT: The following recommendationfrom.Director of Community.Services Tom 'Carson for construction of a mi,ni-basketbal1 court at Judson Park was presented for consideration; The bid received and opened ,at the Commission meeting on December 29, -1979, was approximately $10,000. [ Since we have $5,000 to work with on this project, I am recommend i ng we look into do i ng ,the job ourselves, II ve ' discussed this with Dave Eby and he has talked to Al Bearden. We've come to the conclusion that the majority of the work (sett i ng forms and 'pour i ng concrete) can be done by the S.treet Department. Discussion included the lack of qualified personnel in the Street,Department to finish the concrete and the possible cost of $5,000 for required materials. Mr. Carson was instructed to contact non-union contractors to determine an estimated cost for employment of outside labor to finish the concrete court. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the bid submitted by Clyde Beason for construction of a mini-basketball court at Judson Park at a cost of $10,500 be rejected inasmuch as it was over and above the estimated cost and approved budget for said project. Voting Aye: All Voting No: None DESIGNATION OF OFFICIAL NEWSPAPER: The Commission was advised that in accordance wi'th the provi.si:ons .of Article XXVI, .Section 15 of the City Charter, an of- II ficial newspaper should be designated for the year 1980. U Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the (Argus). Surburbia Reporter, Houston Post and Houston Chronicle be designated as official newspapers for the Ci.ty of West University Place for the year 1980. Vot i ng Aye: All Vot i ng No:. 'None DISTRIBUTION OF COMMISSIONS PAID ON INSURANCE PREMIUMS: Subsequent to being advised that commissions paid on the city's insurance premiums had been distributed to eligible recording agents 'living in the city, the Commission requested that the Insurance Committee be requested to hold a special meeting to discuss the prac- tice and made a recommendation to the Commission at its workshop session on Mon- day, January 21st. 1979 TAX ROLL: The Commission was presented the 1979 Tax Roll which had been certi- fied by Tax Assessor/Collector Joseph Harris and Mr. Charles Gillan~ Chairman of the Tax Board of Equalization. ,,' Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the 1979 Tax Roll as signed and certified by Mr. Joseph Harris and Mr. Charles Gillan be approved by the City Commission. Voting Aye:., All Voting No: None u HARRIS COUNTY TAX ,APPRAISAl nISTRIf.T' City Attorney David Allums advised the Commis- sion that a request had been received from Ray & Wood, attorneys representing County Clerk Anita Rodeheaver in the suit filed against her by the City of Houston, that another Resolution be approved by taxing entities to retain the 61 n hine member Board of Directors of the Harris COLJntyTax Appraisal District in evehtthey are needed in. the suit. Resolution Number,80-1 was presented to the 'Comm'i S'S ion a'nd read i'n fu 11:' A RESOLUTION CONCERNING THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE APPRAISAL DISTRICT OF HARRIS COUNTY, TEXAS. BY PASSAGE' OF TH I S RESOLUTI ON, th i s govern i ng body express 1 y adopts, validates an'drat i f i es :all prev i ousact ions taken c byth i s body concerning .theformation of.and the election of the members of the Board of Directors of the Harris County Tax Appraisal District. IN THE EVENT that any court should declare the previous actions taken by this governing body in the passage of or pursuant to its previous ',RESOLUT ION CONCERN I NG THE APPO I NTMENT OF THE BOARD OF OJ RECTORS OF THE APPRAISAL DISTRICT-OF HARRiS COUNTY, TEXAS, this governing body expressly resolves as follows: WHEREAS, the Legislature of the State of Texas passed and the Governor signed into law Senate Bill'621 (the P,roperty Tax Code) which relates to ad valorem taxation; and a WHEREAS, sa'idProperty Tax Code provides for the creation of a central appraisal district within each County of the State; and said Code further provides that said central appraisal district be governed by a five (5) member Board which shall be elected by the qualified vot- ing taxing unitswi'thin the County by the following formula as set forth in Section 6.03(d): V= ~ x 1000 x 5 V = The number of votes to which a taxing unit is entitled u = The dollar amount of property taxes imposed by a taxing unit during the preceding tax year. T = The sum of the total dollar amount of property taxes .t~- posed in the appraisal district for that yearby each taxing unit that is entitled to vote. WHEREAS, Section 6.03(i) of the Property Tax Code provides that a majority of three-fourths (3/4) of the qualified voting units within the County may change the number or members of the board or may change the method of selecting members of the board;'. and WHEREAS, Harris County is a large urban county containing in excess of fifty (50) taxing units, ninety"':fjve(95%) percent of which are small' in compariso'ntotax'es levied"by a:few'large units; and [ WHEREAS, the board size and method of selecting said board provides in Sect i ons6. 03 (a) a:nd (d) would notprov i de a fair and equitable board under the particula:r circumstances in Harris County; and ... -'1,t',f1Tl,-:Tr,T':I:'"U"r.!" 62 'WHEREAS,' an expanded number of board members sel ected under 8' different method wou,ld.under .thepart.icular circumstances relevant to Harris County provide a broader and more equitable representation of all of the taxing units i~ Harris County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMM I S5 I ON OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ~l U THAT, under theauthor'ity ~granted by Section 6.03(i) the City,ofWest University Place C.ityCommission her.eby elects to proceed with the selection of: the board of d.irect'ors for the Harris County Ap- praisal District as set forth below: I. The number of directors which shall comprise the Board of Directors of the Harri's County Appraisal District sha;ll be nine (9). I I. The method of selecting; the members of the.board of direc- tors shall be as follows: (a) The voting entitlement of a taxing unit that is entitled to vote for d~rectors is determined by relative population. ,The authority for determining the voting entitlement of cities and the county shall be most current United States Bureau of Census population figures. The auth- ori~y for determining the voting-entitlement of sbbool districts shall be the most current Gross Average Daily Attendance Figures as published by the Texas Educati'on Agency in the Directory of Public Schools. Votes shall be. apport i oned to each tax i ng un i t ent.i tIed to 01 vote based on the following scale: Taxing Unit Population or Averaqe Dailv Attendance City, County ~ School District \Lo..t.e..s. 1 5,000 5,000-15,000 15,001-30,000 30,001-50,000 50,001 -] 5,000 . 75,001-105,000 .],05,001-140,000 140,001-180,000 180,001-225,000;'> 1 , .2. 3 4 5, 6 7 8 9. 2 4 6 8 10 12 14 16 18 *The County and cities or school districts having populations or average daily attendance in excess of. 225,000 shall accrue one additinnal vote for .each 50,000 above 225,000. A taxing unit partidpating in two or more districts is entitled to vote in each district.in which itpavticipates, but only the population in a district is used to calculate the voting entitlement in that district. b) The county clerk shall calculate .the number of votes of which each taxing unit is entitled and shall deliver written notice to the presiding officer of the governing body of each unit of its voting entitlement before February 1, 1980. u n n U n 63 ~} Each taxing unit that Is entitled to Vote may nominate by resolution adopted' by its goveniing body one candidate for each posit.ion to befilleid on the,board of directors. The,presiding officer of the governing body of the unit shall s~b~it the-na~esof the units' nominees to the county clerk before February 15th. Before February 29th, the county clerk shall preparci a ballot;' listing the candidates alpha- betically according to the first letter in each candidate's surnames, and shall deliver a copy of the ballot to the presIding officer of the governing body of each taxing unit that is entitled to vote. d) The governing body of e~ch taxing unit entitled to vote shall determine its vote by re~olution and s~bmit it to'the county clerk before March 15th. The county clerk shall count the votes, declare the nine candidates who receive the largest cumulative vote totals elected and submit the results before April 1st to the governing body of each taxing unit in the district and to the candidates. e) The election shall be held in'accordance with Section 6.03 in all regards other than those herein changes pursuant to Section 6.03(i). PASSED AND APPROVED this , 1980. day of Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that Resolu- t i on Number 80-1. be approved as read. Voting Aye: All Voting No: None RESOLUTION COMMENDING EMORY NEWSHOUSE: Resolution Number 80-3 was presented to the Commission and read in full: WHEREAS, Emory Newhouse was employed by the City of West Univer- sity Place on June 23, 1961 ; as a clerk' in theWater/Sciwer Department; and WHEREAS, Emory Newhouse has responded to emergency calls, work- ing under adverse weather'conditions at night, on week":'ends', and at any time his services were needed; and WHEREAS, Emory Newhouse has accepted administrative,responsibiltty and has served as Acting Superintendent of the Water/S'ewer Department when requested; and WHEREAS, during all of his service, 'Emory. Newhouse performed his duty and responsibility in such manner as to reflect credit upon himself, hi,s fami.ly, his position: and thci city; and WHEREAS, Emory Newhouse has elected to retire from service with the city on January 31, 1980; and WHEREAS, Emory Newhouse will long be reniembered. in the roll and history of faithful employees of said city. ,,'NOW, THEREFORE, BE IT RESOLVED BY THECITY'COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: .---...." '"ll.- -1:1" ~rl-' ..-. ~._, '.l 64 Sec"ti0il~l~: That the'Mayor, City. Commission and all employees herebyexpres-s the i rapprec i at i on to ~Emory Newhouse 'for his unselfish devotion to his duties and.for the manner in which he faithfully per- 1 formed his- respons i b i.li tles . 1- Sectiori2. That the City Commission and his fellow employees l-.-J wish for Emory Newhouse and his family contentment, health and much happiness always. . Section 3. That this Resolution be spread in full upon the minutes of the' City Commi:ssion and that the. Mayor be, and he is hereby, authorized to deliver to Emory Newhouse a true copy hereof, signed by each member of the City Commission and attested by the City Sec.retary. PAS,SED AND.APPROVED this 14th d.ay of January, 1980. Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that Resolu- tion Number' 80-3 be approved as read. Voting Aye: All Voting No: None LEGAL FEES: An invoice in the amount of $3,298.70 which had been submitted by City Attorney David Allums for legal services rendered during the months of.October, November and December was presented to the Comm'i s.s i on for cons i derat ion. Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that an in- voice submitted by Attorney David Allums in the amount of $3,298.70 be approved for payment. Voting Aye: All Voting No: None lJ LEGAL MATTERS: City Attorney David Allums advised the Commission that he had discussed the proposed City Charter revisions with Mr. Frank McCreary of the firm of Vincent, Elkins. Mr. McCreary has agreed to consult with other members of his Section a method by which the project could be undertaken and possible costs that would be involved. Mr. Allums reviewed a recent case handled by the Police Department involving an excessive number of dogs and unsanitary conditions. STAFF REPORT: Acting City Manager Dick Rockenbaugh advised the Commission that John G. Holland Construction Company had 'completed excavation of trench at the sanitary landfill; that Public'Works Director David Eby and Sanitation Superintendent Odis Gregg had each inspected the work and were satisfied and that an invoice in the amount of $7,557.56 had been received for the ex- cavation. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that an invoice in the amount of $7,557.56 submitted ,by John' G. Holland Construction Company be approved for payment. Voting Aye: All Voting No: None I I L..; Mr. Rockenbaugh advised the Commission that the Texas Water Resources Department required that we officially abandon and plug water well #3 which has been o n 6"r- {) inactive for a number of years. Consideration will be given to the employment of Layne-Western for this project during the time they are in the city drill- ing a water well. ADJOURNMENT: With no further business to come before the Commissibn at this time, upon motion duly made, seconded and carried the meeting adjourned at 9:40 p.m. ~a?:!:l G4- ATTEST: ~ JfJ~~ City Secretary ,. -, ... ".- '-.r:[~.IL "".~I_.l. _____,d ~1;;!:II;C,.III:l-I'-I. - -""",~,,,~_ ,.~. ~[( - ---.I~,-r-. ~T ~ 66 RECESSED, CITY COMMISSION MEETING January 16, 1980, The tity Commission convened in recessed session on January 16, 1980, 9:00 p.m., subsequent to an agreement to hold its workshop session at 7:30 p.m., pending the arrival of Commissioner Maneval. The following were present: Mayor Cole, presiding; Commissioners Ahrens, Maneval and Rosenbaum. The Acting City Manager was also present. rl L-J Mayor Cole announced that the purpose of the recessed meeting was to further con- sider a Letter of Agreement received from Gulf Coast Waste Disposal Authority for the preliminary design phase of a solid waste transfer station proposed for construction on the city's sanitary landfill site. The Commission was advised that preliminary cost estimates had neen obtained from Gulf Coast Waste Disposal Authority as follows: $ 7,200 5,500 200 150 Preliminary Design Permit So i 1 T es t i ng Survey It was noted that the estimates had been prepared by Bernard Johnson, Inc. and the City of West University.s maximum one-third participation cost was estimated at $5,400.00. In accordance with instructions of the City Commission, the following addenda had 011 been prepared by City Attorney David Allums for addition to the original Letter of Agreement: The City of West University Place is agreeable to proceed with the initial study of the matters, heretofore set forth. However, the City of West University Place1s financial obli- gation, if any, for the initial study will not exceed $5,400. This authorization to proceed with the initial study shall not be considered the City1s approval or authorization to proceed with the total project proposed. Such authority shall only be granted by authorization by the City to execute a Contract which will be considered when prepared as set forth above. Following a general discussion regarding possible costs that might be involved in the preliminary project stage; use of the city's property in lieu of any mone- tary involvement; and the city1sinterest in participation in the project, Act- ing City Manager Richard Rockenbaugh was instructed to direct a letter to Gulf Coast Waste Disposal Authority advising such firm that the city wishes to express an interest but suggests Gulf Coast Waste Disposal Authority be responsible for preparation of preliminary plans and that in the event that the final project is approved, the city would look favorably on including just and prudent prelimi- nary design costs in the overall project costs. Such total cost would then be n subject to the division of financial responsibility agreed upon in a signed con- II" tract. m ~ m 67 With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 9:55 p.m. ~/J1 ~ Mayor ATTEST: ~J~/ City'Secretary ,,- '1:::~IIJ'1 lOr-I IT~' ] ".nn,;"f11IH..l ,',I ij,:.t-"j'WI.U:,tillr L::....:..~,'--_.--~ ~T 68 REGULAR C IT.Y COMM ISS I ON MINUTES Jariua l"y'28, , 1980 The City Commission convened in regular session at the City Hall on Monday, Janu- ary 28, 1980,7:30 p.m., with the following members present: Mayor Cole, presid- ing; Commissioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and Acting City Manager were also present. Il U The Invocation was pronounced by Mayor Cole. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on January 14, 1980 and a recessed meeting on January 16t 1880t were pre- sented to the Commission for consideration. Commissioner Ahrens suggested that minutes of the recessed meeting of the City Commission on January 16, 1980, be amended to include the following instruc- tions to Acting City Manager Dick Rockenbaugh for inclusion in a letter to be directed to Gulf Coast Waste Disposal Authority: 'Ithat the city wishes to express an interest, but suggests Gulf Coast Waste Disposal Authority be responsible for preparation of preliminary plans and that in the event that the final project is approved, the city would look favorably on including Just and prudent preliminary design costs in the overall project costs. Such total costs would then be subject to the division of financial respon- sibility agreed upon in a signed contract.I' Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of the City Commission on Janury 14, 1980, U!;' be approved as submitted, and minutes of a recessed meeting on January 16, 1980, be approved as corrected. Voting Aye: All Voting No: None HEARING OF RESIDENTS: Mr. W. L. Partridge, 4040 Ruskin, advised the Commission that there were entirely too many dogs within the city. Mr. Partridge also stated that subsequent information provided by Commissioner Rosenbaum he had installed a "No ParkinglJ sign in front of his residence and such instal- lation had eliminated problems for the MTA bus. Mr. Oscar Kotteman, 6355 Rutgers, appeared before the Commission on behalf of the Senior Services Department. Mr. Kotteman reviewed programs for seniors in LaPorte, Bay town and Pasadena, noting that plans are being made for a program in the City of Bellaire and the need for a permanent meeting place for West University senior citizens. Mr. Kotteman requested that the Commis- sion consider the feasibility of appointing a committee to meet with Community Services Director Tom Carson to consider more use of the Community Building for senior citizens. Mr. Richard Ayres, 2723 University Boulevard, was advised by Mayor Cole that his remarks regarding the designation of bicycle lanes would be heard when that subject was discussed. Mr. Bill Champion, 3832 Southwestern, asked what had been done to improve III i., drainage in his area of the city, noting that he had gotten water in his .... garage a number of times and that two houses in the area had been raised two ! \ ;'''2:C 1 :_: n o n 69 (2') feet to preclude flooding~ Mayor Cole responded that the city had worked with Harris County Flood Contfo1 District and had gotten the drain between West University and Southside.as clean as it could be and that the installation of a storm sewer at the next intersection would be pursued further. CONCERNS OF THE CITY COMMISSION: Mayor Cole s'tated that thi"s meeting of the Commis- sion represented one year that the 'present Mayor and Commission had been in office, noting that it had been an interesting and challenging year and that he felt the coming year wou'ld be even more challenging. 'Mayor Cole further stated that hopefully ~bjectives of the Commission which had recently been published would be accomplished. Commissioner Ahrens stated that he agreed with Mr. Kotteman regarding the city's attitude toward andcooperat.ion with senior citizens and also the teen-age program. Mr. Ahrens suggested tha't consideration be given to the appointment of a sub-committee or workshop meeting to discuss with Mr. Carson means whereby the city could bett~rserve both grou~s. Commissioner Maneval 'requested that each member of the Commission, as indi- viduals, take th~ opportunity to encourage neighbors not to telephone the City H~lr during a cri~is situation 'to get information., BICYCLE LANES: Ina~much,.as there were a .numb~r of people in attendance at the meeting desiring to speak to the issue of designating bicycle lanes on certain streets in the ci~y and precluding parking on 'the south side of University Boulevard, Mayor Cole advised that he would call for speakers from one row of the Council Chamber to the next in turn. Mr. Richard Ayres, 2723 University Boulevard, advised the Commission that he had lived on University Boulevard for twenty years and had always kept the yard and curb area as if it were his property knowing that it was city pro- perty to 'be'usedby the city as it sees fit until legally challenged. Mr. Ayres stated that he had observed bicycle riders since the first bicycle lane was painted on University Boulevard and that as many people ride outside the lane as use it and that it was his further observation that the;lane was used very little, especially during week-ends when he was at home to witness usage. Mr. Ayres also stated that consideration should be given by the Com- mission to the rat problem .that was prevalent in the city, a point he demon- strated by presentation of a photograph of one of his grandchildren with a rat eighteen inches in length. Mrs. Richard Ayres. 2723 UniversityBoule~ard, ~tated that during the time her children were attending West University Elementary School it was the second largest school in the United States arid parents then were as interested in safety of their children as are patents today. Mrs. Ayres also stated that she was mo~t concerned with teaching children to ride on the wrong side of a street when using bicycle lanes. Mr. James Norton, 3312 University Boulevard, stated thats.ince children as well as adults must use all streets in the city he doubted that they would be able to avoid a brush with vehicti1ar traffic and that a safety program should be commenced. Mr. Norton also stated that there was a possibi1 ity of prohibiting parkingc)n Univers.i.ty Boulevard would open such street to increased traffic and that he felt the proposal to prohi"bit parking would. impose a burden and intonvenience to residents living on.Uriiversi"ty. .~u-. 1-0,--, "" 70 Mayor Cole requested. that 'Ord i nance Number 1148 be read for the benef it of those in the audience ,in order that they .mi'ght know :exact-Ly ,what 'was being propos:ed: - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF ~HE CITY-OF WEST UNIVERSITY '~LACE, TEXAS; BY AMENDING SECT I ON 23-181 ; PROH I BIT I NGTHE DR IV I NG 'OFVEH I CLES , , ON OR ACROSS BICYCLE LANES;- PROHIBITINGPARKI~G IN BICYCLE LANE LOCATED ONUNIVERSITY'BOULEVARD.; PROVID- ING FOR A FINE FOR PARKING VIOLATION; AND PROVI'DI.NG AN EFFECTIVE DATE. 'Section 1. That Sectton 23-181 of the Code of Ordinances the City of West University Place, Texas, is hereby amended so that "hereafter said Section shall read as follows: IISection 23-181. Est'abl ishment of biCycl.e lane. There is hereby established in the City of West University Place,. Texas, bicycle lanes, the boundaries of which are as follows: - A lane six (6') feet 'in width parallel' to the face of the curb or edge of pavement to be designated for the use of bicycles. in the fol1:owing :locations: A. South side of University Boulevard beginning 'at Commun i ty Dr i ve to 100' west of Kirby 'Drive. B. West side of Academy from Law to Be 11 a i re Boulevard. C. East side of Coll ege from University to Riley. D. ' West . side of'Belmont :from Bissonnet to'University E., East side of Edloe :from Sunset :to RYce- F. West side of Edloe from RiCe to University G. . ,East s,ide of . Co 11 eg e from Browning to'Milton H. North side of Milton from ColI egeto Auden The Traffic Engineer is-directed to post.,appropriate signs and use other traffic 'contro) devices as shall ,be necessary to properly mark said bicycle lanes.1I Section 2. That Sect~on 23-121 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended by the addi- tion thereto of Sub-Section (15), which Sub-Section shall hereafter read as follows: IISection 23-121 (a) (15): Prohibited in specified places. (a) - No per~on shall stop~stand or park a ~ehicle, except when necessary to avoid confl ict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places: J J I 'I lJ 71 n (15) In bicycle lane heretofore designated on the south side of University,Bou1evard from, Community Drive to 100' ,west of Kirby Drive between the hours of. 7:30a.m. and 6:30 p.m.1I Section 3. This ordinance shall take effect and be in force on and after March. 1, 198p. . day of , 1980. PASSED AND APPROVED this Mr. Jack Decker, 3516 University Boulevard, noted that children going to and from s,choo1 do not travel between the hours of 7:30 a.m. to 6:30 p.m. and that if parking is prohibited on the south side ,of University those residents would be parking in front of his residence, in yards, etc. ' Mrs. Dennis Loren, 3515 University Boulevard, stated that she had observed children misuse the bicycle lanes as they nOw exist and was quite concerned that use of bicycle lanes would provide children with a sense of false security. Mrs. Donald Young, 2507 Fenwood, stat~dthat she was aware of the inconvenience and problems that would be caused some residents and that she had never known ofa law that was fair to everyone and not inconvenient to some. Mrs. Young also stated that she was concerned about creating false security for children by the use of bicycle lanes when the same could be said for lanes for cars and traffic 1 ights, and that ,she, supported passage of the ordinance. o Mrs. Joy Hall, 3608 Plumb, stated that she was in favor of the ordinance, noting that currently there is a law which prohibits parking on Buffalo Speedway and that she realized that pr6hibiting parking on the south side of University Boulevard would be an inconvenience for those livtng there. Dr. Bill Findley advised the Co~mission that he was ,a representative of an or- ganizationknown as the Two Wheel Transit Authority, and would to offer their services to help the Commission addres.s a very ,controversial problem. Mr. Ro 1 and Dah 1 in, 3310 Sunset, noted that, .of th.e eight 1 anes be i ng des i gned parking was prohibited only on University Boulevard and that use of bicycle lanes was no substitute for good judgment. Mr . Da,h li na 1 so stated that use of bicycles rather than vehicles would be a contribution to the environment. Mr. Dahl in suggested that lIisll be changed to lIarell as appears in the first line of Section 23-181 of the proposed ordinance. Mrs. Susan Christ, 4102 Southwestern, ,stC3ted tha,t traffic conditions had changed throughout the years a,nd blcyc1e. lanes were needed for safety of the ch i 1 d reo. Mrs. Marlene Champion, 3832 Southwestern, stated that she was opposed to taking a six foot strip from narrow streets that would create problems for persons driving automobi1e.s, noting that No Parking regu'lations on Ed10e had been enforced for only a two-week period. n . , Mrs. Charlotte Rosenbaum, 3918 Coleridge, stated that she thought .the city should have a bicycle lane for children to use and to provide for No Parking since it. is useless to have a bicycle lane if cars a,re parked in it. 72 Motion by Commissioner Ahrens, seconded by Commissioner Horne, that "is'l in Section 23-181 of the Ordinance be changed to "arel'. Voting Aye: All Voting No: None 1---- U Motion by Commissioner Ahrens that the ordinance be amended to provide for a lane four feet wide in the western section of the city. Motion died for lack of a second. Motion by Commiss,ioner Horne, seconded by Commissioner Maneval, that Section 23-121 (a) (15) be amended to read 6:30 a.m. to 9:00 a.m. Voting Aye: Horne Maneval . Voting No: Ahrens Cole Rosenbaum Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that Ordi- nance Number 1148 be approved as amenued. Voting Aye: Ahrens Voting No: Rosenbaum Cole Horne Maneval the Commission MUNICIPAL COURT FINE SCHEDULE: Ordinance Number 1149 was presented to and read in full: AN ORDINANCE RECOMMENDING A MINIMUM fiNE IN AN AMOUNT THOUGHT TO BE JUST' AND REASONABL'E FOR TRAFF I C V I OLA- TrONS IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, IN ORDER THAT PERSONS DESIRING TO PLEAD GUILTY TO THE VIO- tAT! ON CHARGED, MAY KNOW THE AMOUNT OF THE FINE rHAT WILL BE ASSESSED WITHOUT APPEARING BEFORE THE MUNICIPAL COURT OF SAID C1TY; COLLECT1NG, AND RE~ITTING THE AMOUNT OF $3.50 IN ACCORDANCE WITH STATE STATUTES; AND PROVIDING AN EFFECTIVE DATE. J ,WHEREAS, an Investigation has been made as to the fines now being assessed' by 'the City of West University Place and various. other muni~ipalities Incated in Harris County,' Texas, for violation of the traffic laws; and . WHEREAS, it is deemed advis-able by the City Commission to bring the schedule: of fines in the City of West University Place more closely in accord with the fines being assessed by neighboring munici- pa 1 it i es; and WHEREAS, the City Commission wishes to recommend and establish a mInimum fine for various traffic violations in an amount thought to be just and reasonable for the convenience of those persons desiring to plead guilty to the violation charged without personally appearing before the Municipal Court of the City of West University Place. , NOW, THEREFORE, BE 'I TORDAI NED BY THE C.ITY COMM 15S I ON OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: u 73 n Section 1. That from and after the effective date hereof, the Clerk of the Municipal Court of West University Place, Texas, is authorized to accept as full payment the amounts shown below for eacn of the listed offenses where the person desires to plead guilty as charged and the of- fense charged is the first offense. ' SCHEDULE OF MINIMUM FINES - FIRST OFFENSE o Speeding - School Zdne - first 10 miles over limit Speeding - for first 10 miles over legal speed limit ($4.00 per mile in excess of 10 miles over legal 1 imi t) Run red light or flashing red'light Running I'stopl' sign Illegal turns Driving on wrong side of street Driving wrong way on One-Way street Failure to yield Righi-of-Way Cutting Funeral Procession Running over fire hose 111 ega 1 pa rk i ng Blocking fire plug or parking in Fire Zone B10cki~g pedestrian lane Defective brakes Defective lights No muffler, defective or illegal exhaust Drivers license violations Failure to change address on drrver's license No State Inspection sticker Pedestrian crossing between intersection or walking against red light Operating truck where prohibited, Failure to appear for trial Unsafe passing Negligent collision $53.50 43.50 33.50 33.50 28.50 28.50 28.50 28.50 28.50 13.50 18.50 13.50 28.50 28.50 28.50 53.50 28.50 28.50 18.50 13.50 28.50 25.00 28.50 53.50 Section 2. The amount of $3.50 has been added to the amount of the above noted fines where required by State Statutes that such fine be l~vicid and remitted to the Comptroller of Public Accounts.- Section 3. That when a person charged with a traffic violation appears before the Municipal Court of West University Place either to enter a plea of guilty or not guilty, the the Court finds such person to be guilty, a fine shall be assessed as the'Court shall determine and in accordance with the applicable statute and/or ordinance. Section 4.- This Ordinance shall take effect and be in force from and after February 12, 1980. day of , 1980. PASSED AND APPROVED this n Motion by Commissioner Horne, seconded by Commissioner Ahrens, that Ordinance No. 1149 be amended to show Operator/Commercial/Chauffer license violations. Vot i ng Aye: All Voting No: None 74 Motion by Commis'sioner Ahrens; seconded by Commissioner Horne, that Ordinance No. 1149 be amended to show Failure to Change Address onOpenator/Commercial/ : ' Chauffer license. Voting Aye: All Voting No: None ~ Motion by Commissioner Ahrens, seconded by Commissioner Horne, that Ord. No. 1149 be amended to increase the fine for No Vehicle License, or Illegal License, from $18.50 to $28.50: . Voting Aye: All Voting No: None Motion by Commissioner Ahrens that Ordinance No. 1149 be amended to decrease the fine for Dog at Large or no license from $28.50 to $23.50. Motion died for lack of a second. Motion by Commissioner Horne, seconded by Commissi'oner Maneval, that Ordi- nance No. 1149 be approved as amended. Voting Aye: All Voting No: None WATER WELL #3: The Commission was requested for per~issi'on to advertise for bids for the abandonment of water well #3 in accordance with requirements of the State Department of Public Health. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the Acting City Manager be author i zed to advert i'se for bids to abandon water well #3. Vot i ng Aye: All Voting No: None '-I L FIRE DEPARTMENT DAYROOM AND COMMUNITY BUILDING 'CARPET: The Commission was advised that the sum of $800 had been included in the 1980 budget to replace carpet in the Fire Department dayroom and that carpet for the loggia area of the Com- munity Building mi~ht be included in the same request for bids in order to ob- tain a better price quotation. Motion by Commissioner Maneval that the Acting City Manager be authorized to advertise for bids for (1) Fire Department dayroom carpet (2) Community Build- ing Loggia area carpet, and (3) a combined bid for installation of all carpet required. Motion died for lack of a second. CONSTRUCTION OF JUDSON PARK MINI-BASKETBALL COURT: The Commission was advised that in accordance with previous instructions estimates had been obtained from Brown and Root for finishing a mini-basketball court to be constructed at Judson Park, as fo 11 ows: Crew to finish slab - $350.00 Crew to place and finish slab - $500.00 $0.20/square foot for pouring and finishing for a total of $700 I] to purchase L installa- The Commission was further advised that consideration should be given of posts, backboards and goals that would be required to complete the tion. n o n 75 Acting City Mana'gerDrck Rockenbaugh was' instructed to ascertain cost estimates for all proposed improvements at Judson Park and the construction of a proposed mini-basketball court at Colonial Park, together with estimated time-frame for the improvements and "report to the City Commis~io~. WATER WELL #7 AND TRANSMISSION LINE: An invoice in the amount of $3,922.56 submitted by Langford Engineering, Inc. for engineering services rendered in conjunction wi th dr ill i ng water we 11 #7 and construct i on of a related 12" water transmi ss ion line was presented for consideration. . . Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Commission approve payment of an invoice submitted by Langford Engineeri.ng, Inc. in the amount ~f $3,922'.5&. Voting Aye: All Voting No: None ORDINANCE NUMBER 1150: In accordance with a request of the Electrical Board Ordi- nance Number, 1150 wa"s" p'resented and read in fu 11 : AN ORDINANCE AMENDING SECTIONS 10~128 AND SECTIONS 10-129 AND ADDING SECTION 10-132 TO THE CODE OF ORDI- NANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; BY CHANG'INGMIN I MUM REQU I REMENTS FOR SERV I CE ENTRANCE CONDUCTORS AND SERVICE DISCONNECTS; REQUIRING NO MORE THAN ONE SET OF SERVICE ENTRANCE EQUIPMENT FOR EACH . J RESIDENTIAL PROPERTY; AND PROVIDING AN EFFEC!IVE DATE. . !. - BE IT ORDAINED. BY THE CITY' COMMISSION OF THE CITY OF WEST UNI- VERSITY PLACE, TEXAS: Section 1. That Section 10-128 and Section 10-129 of the Code of Ordinances of. the Cit~of West University Plate,' Texas,' 1~ hereby amended in the follbwing manners' an"d particulars: . (a)' Sec.tion 10-128 of the Electrical Code sh~:111 hereafter read as follows: Section 10~12a. ,Service ehtrance tonductors~ In any residence, apartment or apartment house, commercial building or other building of whatsoever character now exist- ing or to be constructed within the city, all service entrance conductors, including undergrol:lnd conauct6rs",shall have amini- mum current-carrying capacity of 150 amperes. (b) as follows: Section 10-129 of the Electrical Code shall hereafter read Section 10-129. Service disconh'ect. In any residence, apartment, apartment house, commercial build- ingor other buil dFn~f of whats;oever: character now exi sting or to be constructedwlthiri, the city, all service disconnect means shall consist of ho mote thah one switch 6r ci"rcuit breaker having a continuous current ratirig of ~6 less than 150 ~mperes. 'II! rnl~I~1 r ! I 1..-...<.. , "~. . '''-"'-- ~I~,~ '--- 76 S,ecti-on 2. Secti"on ,10-13.2 of the Electrical, Code 'shall be added and r-ead.as follows: i, II-~ ~ Section 10-132. Anyone separate, privately owned residential property shall have no more than one set of service entrance equipment. Section 3. This Ordinance shall be in full force and effect immediately from and after its passage an'd approval. day of, 1980. PASSED AND APPROVED this Discussion by members of the Commission indicated concern with an apparent re- quirement by provisions of the ordinance that all service entrance conductors and service disconnects within the existing residences in the city would be required to be replaced if less than 150 amperes. The provisions of the proposed ordinance and intent of the Electrical, Board are to be r.esearched and discussed at a workshop session of the City Commission prior to further consideration of the ordinance. POLICE DEPARTMENT POLICE INVESTIGATOR POSITION: The Commission was advised that this subject,ha~:Lbeen :reviewed in a workshop session and that funds had been made avc'U 1- able in the 1980 budget for the employment of a second investigator for the Police Department to facilitate better clearance of offenses committed within the city. Motion by Commissioner Horne that the City Commission authorize the employment of an investigator for the Police Department. D Motion died for lack of a second. LEGAL MATTERS:,. City Attorney David Allums stated that he had no new matters to bring to the attention of the City Commission at this time. STAFF.REPORT:. :Acting City Manager Dick Rockenbaugh advised the Commission that he had received from Mr. F. W. McNeir an invoice for progress billing on remodeling of the Police Department. Such invoice included $2,504.65 for materials, $525.00 for labor and $605.93 for supervisiorr~ aria totallnvoice.cost of $3,635.58. TLwas noted that the remodeling project was to%/60% complete at this time. Motion by Commissioner Horne, seconded'byCommissioner Maneval, that an invoice in the amount of $3,635.58 submitted by F. W. McNeir for Police Depattment re- modeling be approved for payment. Voting Aye: All Voting No: None Mr. Rockenbaugh presented the Commission a request from Director of Public Works David Eby for repairs that are necessary on the~ lighting system at the wastwater treatment facility. Attention of the' Commission was directed to the immediate need for such repairs. Motion by Mayo.r:Cole, seconded by Commissioner Horn~, that specifications fori i-~ lighting ~t the:wastewater treatment" facility be changed to sodium vapor or mercury vapor" fixtures' in 1 ieu of incandescant, and the Acting City Manager LJ; authorized to advertise for bids. Voting Aye: All Voting No: None n c n 77 BOARD AND COMMITTEE MINUTES: Minutes of the following meetings of Board and Committees were presented to the Commission for their information: Zoning and Planning Commission meeting on January 10, 1980 . Plumbing'Board ~~etih~'on Jan~ary \4~ 1980 Zoning Bo~rd of Adjustment m~~ting on J~nuary 16, 1980 Electrical Board meet1ng on January 21, 1980 ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, secohd~d'~nd ca~ried, th~ meeting adjourned at 10:30 p.m. ~?'n (k& Mayor .. ATTEST: ~,~~ City Secretary . I:.. _ I .' >' ~, ' ~' \. 78 .REGULARCITV COMMISSION MEETING - , , F~btU~tyll; 1980:: -, The City Commission convened in regular session. at the City Hall on Monday, Febru- ary 11, 1980, 7:30 p.m., with the following members present:,cMayor Cole, presiding; Commissioners Ahrens, Maneval and Rosenbaum. ,The City Attorney and City'Manager were also pr-esent. Commissioner Horne was absent. The Invocation was pronounced by Commissioner Ahrens. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on Monday, January 28, 1980, were presented to the Commission for their considera- tion. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of the City Commission on January 28, 1980, be approved as submitted. Voting Aye: All Voting No: None 100 CLUB OF HOUSTON "0FF I CER OF THE YEAR": Reso 1 ut i on Number 80-04 was presented to the Commission and read in full: WHEREAS, Vicki Ruhman was appointed a member of the West University Place Police Department on December 23, 1978; and WHEREAS, as a result of long hours of service, diligent study and dedication, Officer Ruhmann was promoted to the rank of Detective on August 27, 1979; and WHEREAS, subsequent to a request by the 100 Club of Houston, Police Chief Frank Robinson submitted recommendations for a candidate to be honored by the designation of Officer of the Year by such Club; and WHEREAS, the 100 Club of Houston has selected Detective Vicki Ruhmann as "0fficer of the Year" for the City of West Uni- versity Place and the award for such honor was presented on February 4~ 1980; and WHEREAS, the City Commission wishes to express its con- gratulations to Detective Ruhmann for her excellent, energetic and intelligent service to the city during the year 1979, and for her selection as "0fficer of the Year". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Commission hereby expresses its sincere appreciation to Detective Vicki Ruhmann of the City of West University Place Police Department for her exemplary service to the city and the citizens thereof. ... iUI I ' , I : I i I I o u 79 Section 2. That the City Commission offers its congra- tulations to Detective Vicki Ruhmann for her selection by the 100 Club of Houston'as "Officer of the Year'l for the City of West University Place. Section 3." That this Resolution shaLl' be spread in full upon the' minutes of theC'ity Commission and that the Mayor be, ahd he is hereby~ ~uthorlzed to deliver'to Vicki Ruhmann a true' copy hereof, signed by each~member of the City Commission.and attested by the City Secretary. PASSED AND APPROVED this 11th day of February, 1980. 1 i ( . Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that Re- solution Number 80~04 be approved as submitted. Vot i ng , Aye:' A 11 ),. Voting' No:' None HEARING OF RESIDENTS: Mrs. Susanne Street, 3106 Robinhood, requested that' existing bicycle lanes be put back in service or consideration again be given to estab- lishing new bicycle lanes. Ms. Street stated that she supported bicycle lanes wi th in, the ci ty 'and: thought they were usefiJ 1 to ch i 1 dren' as' we 11 as adiJl ts, and very valuable for safety. o Mr. Ande Courtin, 2707 Quenby, requested that the bic~clelane program be rein- stated. Mr. Courtln stated that he had di~cussed bicycle lanes with representa- tives of the Two-Wheel Transit Authority who were present at a previous meeting of the'Coll1llission, 'and their' presentation'had been presented on facts contained in a book by Forrester based on collective riding studies conducted in other parts of the country and not appliCable in West University. Mr. C6urtin ques- tioned whether representatives of the Transit Authority were speaking in the best 't'hterest of such Authority on bi'cycleriders'in West University. Mr. Courtinstated'that both youn~ and adultbtcycleriders used University Boilile- vard and had prOblems with parked cars and that it was his understanding that the use of only one lane"on' University was i'n confl:ict'with'state law.' Mr. Courtin offered a suggest'ton that two lanes be established on University and parking pro- hibited east/west from 7:00 to 9:00 a.m. and 0est/east from 3:00 to 6:00 p.m. Mr. Court i n a 1 so suggested the use of add it i ona 1 liB i ke Lane'l si gns and that such designation be painted in the lane itself. Mr. Courtin'ended his presentation with a request that bicycle lanes be reconsidered by' the City Commission. Mr. Dona 1 Myers, 2619 Robinhood, reviewed problems he had encountered with the city's Inspection Department as a result of'lrrstallingtwo'electrical outlets subse~~ent to remodelIng of a porch at his residence. Hr. Myers requested that the city get a casein District Court dismIssed.'Mayor Cole'and'City Attorney David Allums each explained to Mr~ Myers that the casein District Court was a direct result of an Appeal filed by him to a decision of the city's MunicIpal Court and that the city no longer had any jurisdiction in the case. [ In response toa request that the City Attorney represent him at a trial to be held in District Court on Monday, February 18, 1980, Mr. Myers was advised that he' wou 1 d. have" to employ h is own r attorney ~ ' ' . . ,- r Ms. Dorothy Clary, 4131 Ruskin, advised that she had been told sometime ago the Zoning and Planning Commission were considering a recommendation that the 4100 block of Ruskin be rezoned for commercial purposes and she would like to ~U' I_~; ~ '.f 80 know if such rezoning was being considered. Members of,the Commission advised Ms. Clary that they were unaware of any such recommendation and assured her that no plans were being made for any rezoning at this time. u CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens was advised that a meeting had been arranged.' between representatives of the Harris'County Health Depart- ment and the Texas Parks and Wildlife Depa~tmerit tepresentatives to discuss eliminAting the rat infestation in Poor Far~'Ditch prior to it being cleaned by the Harris"CoDnty Fl06d Control "District. Commissioner Ahrens stated that he would like to prevail on other members of the Commission to' reopen consideration of bicycle lanes, noting that the West University Elementary PTA has a committee that will assist in any way neces- sary to obtain any additional information that may be desired. Commissioner Ahrens expressed appreciation for recent publicity regarding health insurance for city employees in other municipalities did not affect the City of West University Place in view of the manner in which the city's insurance affairs are handled. ADJUSTED 1979 TAX' ROLL: The Commission was presented the following explanation and adjusted t~x roll pre~~red by Tax Assessor/Collector Joseph Harr1s. Attached you will find an adjusted tax roll and a collection report thru January 31. The tax roll has a considerable loss in regard to the original tax tl~1 roll. The loss and reduction is the result of key punch errorsj senior "citizens and disabled veterans not claiming the exemption at the proper ~ time. The tax statements were'mailed November 20, 1979, and since this day there have been eighty (80) senior citizens and two (2) veterans who have'claimed the exemptions~ Some were" not punched at the t'ime of the change over t6 ad valorem tax service. There were so many key punch errors and t10uble billings that we did not have the time to check each account. Some errors were in our favor~ The ones' not in our favor out- weighed the'other. Ad'Valorem Tax Se~vice did a good job for the/short notice and amount of time. I would, if I may, suggest we get our'own computer'on lrne before next billing time. I feel with the' personnel we have available we could do our own work at less cost. When we were working with our computer during the time Mr. ,Kostiwas programming for us, Mrs. Miller and Mrs. Seward were very proficient in making changes. This is something' to think'about,and billing time will be here before we know what or where the time has gone. One last report and that is, to date, we have had 1302 senior citizens sign who were on the exempt list for 1979. We have had 34 new ones to sign. Trusting this meets with the' approval of City' C6mmission. feel free to call on me at any time. I:~ '1 If, not, please L-J u o m 81 City of West University Place Adjusted Tax Roll January 31, 1979 Land Improvements Senior Citizen Exemption Disabled Veteran Exemption Personal Property Utilities 39,831,561 64,769,256 - 18,664,166 106,740 2,291,740 11,512,160 99,630,811 1.42 Total all taxable property Tax Rate Total Revenue (Adjusted) 1,414,757.52 Or i g i na 1 Tax Ro 11 Adjusted 101,268,260 99,630,811 1,655,499 Less Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the City Commission accept the Adjusted T9:79 Tax Roll as prepared and submitted by Tax Assessor/Collector Joseph Harrls. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums reported that the City of Houston had fi led for a re-'hearing in lts suit filed against County Clerk Anita Rodeheaver in the Harris County Tax Appraisal District selection of its Board of Directors. Mr. Allums stated that he did not know the date set for the re-hearing but that it was his feeling that it would be denied. STAFF REPORT: Acting City "Manager Richard Rockenbaugh reported that in accordance with instructions of the City Commission IINo Trespassing" signs had been posted at the landfill site; tmat the Public Works Department had completed its water meter survey and would soon report to the\;:Commission; that an inspection of all city sidewalks had been initiated; that the water transmission line has been in- stalled south of Browning; that equipment for drilling water well #7 would be moved on location next week; that the personnel lift approved for purchase by the City Commission had been delivered; that no problems had been encountered during recent hea~y rains; and that proposed MTA route changes had been submitted to MTA for consideration. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:38 p.m. ~JAiay?J1U& ATTEST: ~ ~.!~ 8~ty Secretary _I-.::~r---,- ~ .~ ~,.z: 82 . REGULAR CITY :COMM ISSI ON MEET! NG Febru~ty25; 1980 " u The City Commission convened in regular session at the City Hall on Monday, February 25, 1980, 7:30 p.m., with the following members present: 'Mayor Cole, presiding; Commissione~s Ahrens, Horne, .Maneval and Rosenbaum~ . The City Attorney and City Manager we~e also present. The Invocation was pronounced by Commissioner Horne. CITY COMMISSION MINUJES: Minutes of the.,regularm,eeting of.the City Commission on February 11, 1980, were presented to the Commission for their consideration. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of the City Commission on February 11, 1980, be approved as submitted. Voting Aye: All Voting No: None OFFICER OF THE YEAR AWARD: In accordance with previous action,of the City Commission on February 11, 1980, Mayor Cole presented Resolution Number 80-04 to Detective Vicki Ruhmann cominendirig':her: sele'ct.ion asOfficer'of the Yea,r for the. City of West Universit~ Place by the 10Q!Club of Houston. Mayor Cole congratulated Detective Ruhmann and expressed appreciatibn of the citizen~,of the city on her selection. O! HEARING OF RESIDENTS: Miss Dorothy Clary, 4141 Ruskin, advised the Commission that she had lost a bracelet and was very grateful to have. been able to find it even though .thec i ty,ls vacuum truck had been down her street ' during the period such bracelet was lost. CONCERNS OF THE CITY COMMISSION: Commissioner Rosenbaum expressed, her. concern that newspapers collected by residents and placed on the curb for the city's recycling pick.-upwere being ta.ken by other'persons:" Commissioner Rosenb(3um was advised .that this pr,actice..had,occurred froni ti'me.to Hrne and when notified,by residents the Police Department advised those persons.taking the rieWSPClPers that such news- papers 'were a,nport i on, of the. city I s recyc 1 i ng p.rogram and not to be taken by other than citY employees. .. Commissioner Rosenbaum reported that during the last month 'numerous mo.torists were using Marlowe Street ina wrecklessnianner and at high rates of speed. In response, to, a q.uest ion rega rd i ng the. t i me;,ofi daysLich v i,o lat ions. were occurr i ng, Commi ss ioner Rosenbaum responded that they were se,en most frequently after school hours. Commissioner Rosenbaum ,was advi.sed that there was a State law governing cruelty to animals. Commissioner Ahrens stated that he had received a number of calls commending the Police and Fire Department for the speed with which they responded to a number of fire bombings within the city the past week, noting that it was believed that both Departments were adequate for such calls.' lJ n u o n I 83 In response to a request by Mayor Cole, Acting City Manager Dick Rockenbaugh re- ported that the city.s Arson Investigator had visited with the Arson Division of the Houston Fire Department and had been advised that such Departments had not experienced fire:-bombing's.Mr.- Roc-kenbaugh -further -r'eported that charred remains from the fires had been delivered for analysis and that there were no suspects at this time.' - HOUSTON LI GHT.I NG & POWER COMPANY RATE ItiCREASE":' Ord i nance Number 1050 was presented to the Commission and read in full: AN ORDINANCE REQUIRING TFlLHOUSTON LIGHTING & POWER COMPANY TO F I LEMOD I.F I ED RATE SCHEDULES TO BE CHARGED I N THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROV ID I NG COND I TI ONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED ,.. . .ORWITHDRAWN;' GONTAINING FINDINGS ANDPROVI.SI.ONS RELATED,TO THE SUBJECT; REPEALING 'ANY. OTHER ORD I NANCE. OR PART OR . PARTS THEREOF WHICH MAY BE IN CONFLICT HEREWITH; AND DE- " . CLAR I NG AN EMERGENCY. . WHEREAS, on July 2, 1979, the Houston Lighting & Power Company (HL&P) filed 'with the City of. West' Urriversity Place' a' request for an in- crease in rates to be charged within the city in the amount ot $179~4 million per year on a system-wide basis; and WHEREAS, the City suspended the effective date of such proposed rate increase for 120 days beyond August 7, 1979; 'and WHEREAS, the City Commission ~aving reviewed the Company.s rate filing package and supporting testimony as well as the Final Order of the Public Utility Commi~si6n of Texas r~g~rding th~ same rate application in Docket No. 2676,' is of the opinion that a lesser lncreasein rates should be approved by HL&P; and ',WHEREAS, the Ci~y ttommission fl~d~ that the total increase ap- proved by the Final Order: in Docket No. 2676 will provide revenues that are adequate to the Company and will result in rates that are just and - reasonable to both customers and the Company. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ~ j: .. 'i I.:"J Section 1. That the-City Cominission of the City of West University Place orders the Houston Lighting & Power,C0mpany 'to file rate schedules to be effective within the City of West University Place identical to those rate schedules filed with and approved by the Publ ic Utility Commission of Texas pursuant to the Commission.s Fina~ Order in Docket No. 2676. .; Section 2.' ;Therates:~et f6rtn.;on such rate schedules are those .under whieh said Coinpany"shall'be.atithorized t6 render electric service and to collect charge~ from it~ customers for the sale of electric power and ener~y within the City of West UniVersity Place until such~time as said rate schedules may be changed,modif-j-ed;amendecl or withclrawn as provided by law, but-shall hot be ,hi excess of 'rates approved by the Public Utility Commission for any other municipality' pursuant to the rate filing of HL&P on July 2, 1979. -,..~...."_.__..... . ~ 'I"--~- ,84 . '$~cti9n 3.' _ The rate schedules fi led ~y Houston Lighting & Power Company, shall' be effective, from apd after f,inal, pasS,age of this ordinance .and shall .apply tO,each cU$tomerbf.H~&P within the City of West Univer- sity Plac~ for electricityc;:onsu.med. :prior to such ,date:. , . Section 4. That this ordinance constitutes the final action of the City Commission of the City of West University Place in determin- ing the ra-tes, for. sale of electric power- an.d. energy. by Houston L:ighting & Power Company within the City of West University Place in accordance with Section 43(f) of the Public Utility Regulatory Act. u PASSED AND APPROVj:D t,h is, dpy of. , 1980. Mr. . LeRoy Gardner, District Manager, Houston Lighting & Power Company, reviewed action taken by the Public Utility Commission reducing the rates placed into ef- fect by. f1L&P under bond by $2~QOO,000systern-wide, l7Ioting:that such reduction would be reflected on bil.lsbasedon mete.rreadin.gs .after, March 7, 1980, as a cred it on each; b i,ll. Mr. Gardner stated that new rates requ i red by the Pub 1 i c Utility Commission had been filed with the city and reflected an over-all in- crease:"of 10.55%. Mot i on.. by.. Cpm!11i ss i<;mer Horne,,, seconded by,- CommJ sS,i oner Maneva 1 ,. that Ord i nance Number lD50 be approved as read,. . ,. " Voting Aye: All Voting No: None - - WASTEWATI;R TREATMENT.. PLANE_Sill H2.liliANT OFFER: .,Resolution Number 80-05 was presented 0 to the Commission and read in full: - - WHEREAS; the City of West University Place, Texas deems it .necessary-and proper to ~pply for Federal grant assjstance under the Federal'Water Po,l,lution Control Act Amendment. of 1972, Public Law 92-500, and the rules and regulations pur$uant thereto._ " . NOW, THEREFORE, BE:,!T'RESpLVEO,!BY.THE:,CITY COMMISSION OF THE CITY OF WEST UNIV(RSITY PLACE, TEXAS~ ,~ ~ ......... .. That James M. ,Cole, as the Signatory. Agent of the- Appl icant, or successor of said Agent, is hereby authorized and directed to make application for grant assistance under Public Law 92-500 and the rules and regulations pursuant thereto, specifically 40 CFR 30.3l5-1 (1975) and to sign the acceptance of the grant assistance, when made. and any other documents required to complete th~ project, on behalf of the, above-named. Appl i cant. - "..,.'.. day of , 1980. PASSED AND APPROVED this . , , - - ,- . , Mr. Dieter Ufer, Bayshore Engineers, Inc., who is the city's consulting engi- neer on the:wastewater..t:reCjtmentlplant 6011!?truction project; advised the Com- missiOn that-~al1co Engine~r~ng,,;lnc.~,j0int.venture comtraqtor for the project, desired to amend the Joint Venture Contract-to cover increased overhead and U', costs.due to inflation t~at had occurred since theorigina.1 contractwas ap- proved in May of.,1978.; ',Mr,. .Ufer stated:that.he hC\d.spoken with Mr. Don Nelson of the, Texas Depa rtment, of Mater Resources and learned .that amended. ,contracts were not l!nusual,'.when a'proJe<;:t had beeF) in 1 imbo!3s,long as the city.s appl i- cation had been and that proper forms for use in such request were included . with the material received with the grant offer. o ~ '" 85 Mr. Tomas Sanchez of Sanco Engineering, Ihc. advised the Commission that the electrical engineering fees on the proposed amended contract..would be for sub- contracting most of the-'elechical service inasmuch as he did not have an elec- trical engineer on his staff as had been projected when the original contract was signed. Subsequent to Mr. Sanchez stating that he had included a l5% profit in the over-all contract members of the Commission noted an error in such calcu- lation which Mr. Sanchez' agreed to change. Motion by Commissioner Ahrens, seconded by Commissioner Rosehbaum, that Reso- lution Number 80-05 be approved as corrected to show the, Mayor'~ title in his desi~nation as Signatory Agent for the city. Vot i ng Aye: All Voting No: None Motion by Commlssd,oner Horne, seconded by Commissioner Maneval ,that the Grant Agreement/Amendment for the Step 2 project received from the US' environmental Protection Agency be accepted by the city. Voting Aye: All Voting No: None ABANDONMENT OF WATER WELL #3: In accordance with previous action'of the City Com- mission, bids received to abandon water well #3 in accordance with provisions of the Texas ,Department of'Health were opened ahd results' announced as follows: Alsay-~tp~~nceorporation Layne-Texas Company Layne-Western Company 7,300.00 3,496.32 5,795.00 Motion by Commissioner Ahrens, seconded by cei ved for the abcmdollment of water we ll#3 Works for tabulation and review, and" if the with specifications of the city'that Acting authorized to execute a contract. Commissioner Maneval, that bids re- be referred to ihe Director of Public low bid received is in accordance City Manager Richard Rockenbaugh be Vot i ngAye: All Voting No: None SANITARY SEWER PLANT LIGHTING: Bids received for improvements in lighting at the sani- tary.sewer plant were opened and results announced as follows: pfe i ffer-Gambr.e ll, Inc. Rulon Electric Comp~ny l,800.00 2,474.00 . Motion by Commissioner Horne" seconded by Cbmmi~sloner Rosenbaum, that bids re- ceivedforimprovements to the sanitary sewer plant lighting be referred to the Director of Public Works for review and recommendation. Vat i ng Aye: All Voting No~ None MUNICIPAL COURTASSOC'IATES: The Commission was advised that the sixty-day appointments of Michael Sc'hneider, Terry Collins and Thomas Taylor as Associates of the Muni- cipal Court hadexpired'and re-appbintment was required. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the follow- ing be reappointed to the Municipal Court for an additional sixty-day period: .-'---- "''''''''','''''r.r::-=1 . L...._ll~ .-=::1.; , ,.., ",..r. 86 Michael Schneider, Associate Judge Terry Collins, Associate Judge Thomas Taylor, Associate Prosecutor Vot i ng Aye: All Voting ~o: None 11 u STREET DEPARTMENT MATERIALS: The Commission was advised that bids should be ad- vertised for the delivery of 1200 tons of coverstone and 50,000 gallons of emulsified asphalt for the city's resurfacing program in order to receive an earlier delivery date. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the Acting City Manager be authorized to advertise for bids for delivery of-1200 tons of coverstone and 50,000 gallons of emulsified asphalt. Vot i ng Aye: All Vot i ng No: None LEGAL MATTERS: City Attorney David Allums advised the Commission that in their con- sideration of acceptance of the Step #2 Grant Award for construction of a waste- water treatment facility they had failed to authorize Bayshore Engineers, Inc. to proceed with the preparation of plans and specifications for the construction. Motion by Commissioner Horne, seconded, by Commissioner Ahrens, that Bayshore Engineers, Inc. be instructed to prepare plans and specifications for the con- struction of a wastewater treatment plant in accordance with the provisions of the city.s grant program. Vot i ng Aye: All Voting No: None u STAFF REPORT:. Acting City Manager Dick Rockenbaugh advised the Commission that he was in receipt of a request from Fire Chief Ben Wilcher for the, purchase of a wet/dry vacuum for which funds had been provided in the 1980 budget. Motion by Commissioner Maneval, seconded by Commissioner Horne, that Fire Chief Ben Wilcher be authorized to purchase a wet/dry vacuum from Evans Vacuum Cleaner Company for their total quoted price of $445.00. Voting Aye: All, Voting No: None Mr. Rockenbaugh reported that he had followed up on the status of cleaning Poor Farm Ditch with permission being received from the-Harris County Flood Control District. However, Harris County Pollution Control Department and the US Bureau of Fish and Wildlife had not given permission. Mr. R~ckenbaugh stated that Ms. Anna Fisher of Commissioner Tom Bass' office had worked very hard with him on this project and was attempting to get the project coordinated. Following a report that tennis court rehabilitation at Wier ParI< was 75/85% complete and work on Judson Park would start next week, Mr. Rockenbaugh was in- structed to have the windbreak a~~Wier Park checked before it sustained damage. ELECTRICAL BOARD MINUTES: 'Minutes of the regular meeting of the Electrical Board on February l8, 1980, were presented to the Commission for their information. u n o n 87 ADJOURNMENT: With no further business to come before the Commission at this .time, upon motion duly made, seconded and carried, the meeting adjourned at 8:55 p.m. rltt~ Mayor . " ATTEST: ~~~ City Secretary 88 " REGULAR C!TV COMM I SS J.ON MEET I NG ',March 'lO;1980' Ij The City Commission convened in regular session at the City Hall on Monday, March lO, 1980,7:30 p.m., with the following members present: Mayor Cole, presiding; Commis- sioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and Acting City Manager were also present. The Invocation was pronounced by Commissioner Maneval. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on February 25, 1980, were presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Horne, that minutes of the regular meeting of the City Commission on February 25, 1980, be approved as submitted. Vot i ng Aye: All Voting No: None PARKS AND RECREATION BOARD: The Commission was advised that citizens willing to fill vacancies on the Parks and Recreation Board had been interviewed and that Janice Loftice and Jerry Dollinger had been recommended to fill such vacancies. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Janice Loftice and Jerry Dollinger be appointed as members of the Parks and Recreation Boa rd. Vot i ng Aye: All Voting No: None IJ Mayor Cole then administered the Oath of Office to Janice Loftice and Jerry Dollinger as members of the Parks and Recreation Boar:d. COUNCIL ON AGING: The Commission was advised that residents willing to fill vacancies on the Council on Aging had been interviewed and that Mary Medler and Sue Cole had been recommended to fill such vacancies. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that Mary Medler and Sue Cole be appointed to fill such vacancies. Voting Aye: All Voting No: None Mayor Cole then administered the Oath of Office to Mary Medler and Sue Cole as members of the Council on Aging. CHARTER REVISION COMMITTEE: The Commission was advised that consideration had been given to the selection of a Committee to study the existing City Charter to make recommendations for amendments to be presented for consideration of the voters. Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the follow- ing persons be appointed as members of the Charter Revision Committee: Robert R. Park Ralph Pearson, Jr. Wi 11 iam Nettles G. Tom Browder Mary Esther"Youog Poll y Campbell Mary Ann Binig 3752 Plumb 6345 Sewanee 3928 Arnold 6352 Buffalo 2607 Fenwood 3519 Robinhood 6634 Vanderbilt J n 0,1 : I I [1,1 : I I ". 89 Ro 1 and'Dah 1 in Sue 'Coverstone Elvin Ainsworth Sandy Moore . Sharon Strang Betty Hord Jim McLaughlin , 'Robert Turner Joy Ha 11 3310 Sunset 4025 Southwestern 6319 Westchester 4226 Un iver's i ty 3017 Albans 3707 Tangley : 37I}7 Rice'" '::'! 3119 Pittsbur~ 3608 Plumb (Alternate Member) "-- ": 1::Vot i ng Aye: All :Voting No: None Mayor Cole then administered the Oath of Office to theifollowing members of the Charter Revision Committee who were present: ! William Nettles Elvin Ainsworth Sandy Moore' Robert R. Park Robert Turner Polly Campbell Sharon Strang Mary Esther Young Jim McLaughl in SIMMONS PARK ACTION COMMITTEE FOR THE ENVIRONMENT: Mr. Robert M. Sherrod, 5712 - I Simmons Street, app~ared before the Commission on behalf of a co~mittee com- posed of citizens in the vicity of Simmons (Judson) Park to present results of citizen reaction to proposed improvements at the park. ; Mr. Sherrod noted that most residents were opposed to the construction of a mini-basketball court at the park inasmuch as such construction would eliminate much of the open IIplayll area for chi Idren. Mr. Sherrod pointed out numerous; instances where the park had not been properly maintai~ed and stated that resi- dents were pleased that the park was being considered for some improvements. I . I In response to a question by members of the Commission! Mr. Sherrod stated that he and members of the Committee would be pleased to wotk with the Parks and Re- creation Board for the most acceptable plan for parks Improvement. HEARING OF RESIDENTS: There were no residents in the aUdie"lce desiring to present matters to the Commission for consideration. CONCERNS OF THE CITY COMMISSION: Members of the City Commi~sion indicated that they '- had ho~matters of Concern at this time. MUTUAL AID FIRE PROTECTION AGREEMENT: Resolution Number 80 06 was presented to the Comm i ss i on and read i'n fu II : A RESOLUTION AUTHORIZING THE MAYOR TO E~TER INTO A . MUTUAL AI D FIRE PROtECTI ON AGREEMENT WITH OTHER MUN 1- CIPALlTlES IN HARRI,S COUNTY, TEXAS PURsiliANT TO THE PROVISIONS OF ARTtCLE 4413(32c} V.T.c.sl, AND MAKING CERTAIN FINDINGS RELATED TO THAT SUBJECt I ...,- .. >~'. i __ --.J , . , ,... '~I'" ....--, . ~ - _..u._ 111. '~U' . 'I "-II '.,' . , ,~ . ...----,-.....---,------ " v_ '.,' 90 WHEREASi Article 44l3(32c) aUthorizes a county or municipality by Resolution of its governing body to enter into an agreement with any -1 neighboring municipality or contiguous county for the purpose of provid- ing mutual aid in the area of fire protection; and ' L-! WHEREAS, the City of West University Place desires to enter into such a mutual aid fire protection agreement" wherein the equipment, facilities and trained personnel of each Fire Department is available to the other participants in the mutual aiaagreement on an as requested basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WEST UNIVERSITY PLACE,- TEXAS: Section l. That Mayor James M. Cole is hereby authorized to enter into a mutual aid fire protection agreement with other municipal Fire Departments for the purpose of providing and receiving assistance when required pursuant to the terms and conditions of Article 4413(32c) V.T.C.S. Section 2. unduly impairing the accomplish its usual University Place. That such mutual assistance may be furnished without capability of the West University Fire Department to and customary responsibility within the City of West Section 3. That the agreement authorized by this resolution . shall become effective whe~ executed by the Mayor in behalf of the city. day of , 1980. [J PASSED AND APPROVED this Motion by Commissioner Horne, seconded by' Commissioner Rosenbaum, that Resolu- tion Number 80-06 be approved as read. Voting Aye: All Voting No: None EMPLOYEE SICK LEAVE BENEFITS: Resolution Nubmer 80-07 was presented to the Commis- sion and'read in f~ 1": WHEREAS, attentioh of the City Commission has been directed to the lack of provisions whereby hourly employees of the City of West Uni- vers1ty Place have heretofore be~n ~ble to accumulate sick leave benefits, prior to the adoption of th~ city's Personnel Policy and Proced~~e Manual on January l, 1979; and WHEREAS, sick leave shall be computed and accrued on the basis of one day for each full month of employment; and WHEREAS, sick leave may be accrued from year to year to a maximum of ninety (90) days; and WHEREAS~ it is the desire of the City Commission to make sick leave benefits and the accumulation thereof available to hourly employees retroactive to ,the date of employment; and c c [ r.' 91 WHEREAS" the accumulation of sick leave for hourly employees employed prior to JanuaryT, 1979, shall be:,regulated and be in compl iance with the terms and conditions set forth in the Personnel Policy and Proce- dur~ Manual adopted on January l,1~79~, NOW~ THEREFORE, BE IT RESOLVED BY: THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS~ \,j Secti on l. Tha tall hou r 1 y einp:loyees employed by the City of West University Place prior to January l, 1979, shall be granted sick leave on the basis of one day for each full month of employment to a cum- ulative total of ninety (90) ~ays under the terms and conditions as set forth in the Personnel Policy and Procedure Manual adopted on January l, 1979. PASSED AND APPROVED thJs , 1980. day of . :!. ! ' Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Resolu- tion Number 80-07 be approved as read. Voting Aye: All Voting No: None MUN I C I PAL COURT DEPUTY CLERKS: Reso l'ut,i on 'Number ,80-08 was presented to the Comm i s- sion and read in full: WHEREAS, Patrida Kerekesh, 'employed'as Pol ice Dispatcher and appointed Deputy 'Clerk of, the Municipal Court. of the City of /West Univer- sity Place, has resigned her position ~ith the city; and WHEREAS, Linda Bale and Jan Garrett have been employed as Police Dispatchers and are qualified to serve as Deputy Clerks of the Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Linda Bale and Jan Garrett be, and they are hereby, appointed Deputy Clerks of the Municipal Court of the City of West University' PIClce" ~exas. ' " .' ,Sect~On; 2~ 'Tha~ the appo1ntmen~ of 'Linda Bale and Jan Garrett as Deputy C~~rks of the Municipal Court of the City of West University Place, Texas, shall be effective with the passage of this Resolution and that they shall assume the'assigned duties of Deputy Clerk after ha~d'ng been administered the proper Oath of Office. PASSED AND APPROVED thi~ day of , 1980. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that Resolu- tion Number 80-08 be approved as read. !, , Voting Aye: All Voting No: None L Ijl:l=n;r.nj~I~I'mlt 11,,;; .--."...- ...---. Tr~rT 92 RECOMMEN"DATION-S OF THE E.LECTRICAL BOARD:' Ordinance; Number 115l, as modified by the City Attorney, was :presen.tedtotheCoinmrssion' and r,ead,"in full: ,j j , I '----J AN ORDINANCE AMENDING SECTION, lO-l27 AND SECTION lO-l29 AND ADDITING SECTION 10-l32 TO THE CODE OF ORDINANCES OF TH8 tlTY OF, WEST UNIVERSITY PLACE, TEXAS; CHANGING MINI- MUM REQUIREMENTS FOR SERVICE ENTRANCE CONDUCTORS AND SERVICE DISCONNECTS; REQUIRING NO MORE THAN ONE SET OF SERVd CE-:ENTRANCE EQU I PMENT FOR EAC.H RES I DENT IAL PROPERTY AND 'PROVIDING AN' EFFECTIVE ~ATE. BE IT ORDAINE~ BY THE CITY COMMISSION OF THE CITY OF WEST UNI- VERS I TY PLACE, TEXAS:' Section 1. That Section 10-l28 and Section lO-l29 of the Code of Ordinances of the City of Wes~ Univer~ity Place, Texas, are her~by amended in the following manners and particulars: (a) Section 10-l28 of the Code of Ordinances shall hereafter read as follows: !'I, In any residence, apartment, apartment house, commercial building unntherbuilding of:whatsoever character now existing or to be constructed within the tity,~~ll servie entrance conductors, including underground conductors, '. sh'a'll. :have a mi n,imum dur'rent-ca-rrying capac i ty of 150 ampers. On "b:t.iil.dings with"exLsting serv.ice, ;this require- D!, ment shall ap'pfy when owner 'is'adding to or modifying load, or whenever an existing service is found to be inadequate for' -demand,~or an unsafe~coridition exists.1I ~ :. ' (b) Section lO-l29 of the Code of Ordinances s,haJ-l. hereafter read as follows: IISection 10-l29. Service disconnect. -I' ,: In any residence, apartment, apa~tment house, commercial burlding or other building of whatsoever character now ex- isting or to be constpuctedwithi~ the ~ity, all service disconnet means shall consist of no more than one switch or c i r.cu i t breaker havi ng a -cont rnuQus current rat i ng of no lests than 150 amper.es.On buildings with existing ser- vice, this requirement shall apply when owner is adding to or modifying load, or whenever an unsafe condition exists.1I i"1 : Section 2. Section lO-132 shall be added to the Code of Ordinances and hereafter sha ll' read as fallows: IISectian lO-l32. Anyone separate, privately, owned residential property shall have no more than one set of service entrance equ i pment .11 u Section 3. This ordinance shall be in full force and effect im- mediately from and after its passage and approval. n o r' 93 PASSED AND ,APPROVED' 'th is' " 1980. .day'of Discussion on the provisions indicated approval by members of the Commission with the addition regarding service entrance conductors and service disconnet however, concern was expressed that the provisions of Section 10-l32 would re- quire existing residences with garage apartments having separate service to change serv'ice.,' ,- City Attorney David Allums reminded the Commission that consideration of garage apartments had been included in a rep~rtfromthe Zoning and Planning Commis- sion and that this subject could be addressed by the Commission er not as they desired. Motion by Commissioner Ahrens that Section lO-l32 of Ordinance:,t-Jumber 115l be amended to include, liOn buildings with existing service, this requirement shall apply when owner is adding to orr,modi.fying, load,' 'or whenever an unsafe condi- tion exists." Mot ion died for lack of a s"econd. Motion by Mayor Cole, seconded by 'Commissioner Horne, that consideration of Ordinance Number ll5l be removed from the agenda and re-presented to the Com- mission after terminolgy has been clarified. Voting Aye: All Voting No: None !'- .- , .1" :' > \. ',.f WASTEWATER TREATMENT PLANT LIGHTING: The Commission was presented a recommendation from Director.':of Public Wo-rks, David,Ebythat- the proposal submitted by Pfeiffer Gambrell, Inc. be accepted for making improvements to,the lighting at the wast- water treatment facility, including the installation of light fixtures on their low bid of $1,800.00. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the recommendation of the Public Works Director be accepted and Pfeiffer-Gambrell, Inc. be authorized to proceed with making light improvements at the waste- water treatment facility. Voting Aye: All Voting No: None WATER WELL #7: A Change Order in the amount of $l,500 for the deletion of the con- struction of a six-foot chain link fence at the new water well site by Layne- Western Company was presented for consideration. The Commission was advised that it had been determined that there was sufficient chain link fencing on hand to fence the project and that Director of Public Works David Eby had ad- vised that Street Superintendent A. L. Bearden and his department could install such fence. Motion by Commissioner Horne, seconded by Commissioner Ahrens, that Change Order #1, in the amount of $l,500, submitted by Layne-Western Company be accepted. Voting Aye: All Voting No: None REPA I RS T<LSAN ITAT! OR DEPARTMENr:PACKER BODY: ' 'Ail: i nvo ice in the amount of $620.86 submitted by Davis Truck & Equipment Company for repairs made to a Heil packer body used in the Sanitation Department was presented for consideration. . .~ .".'~__.r . -'J ~lLildiiila..IilWdld'I~11 I.. . ~ .,..,.-y.._n_' . L-:.o..I"'" . ~ ,. If 94 Motion by Commissioner Maneval, seconded by COinmissioner' Rosenbaum, that an invoice in the amount of $620.86 be~approved for payment to Davis Truck and . Equipment Company. . . ~ I Voting Aye: All Voting No: None ~ I i LEG.At' MATTERS: City Attorney David Allums advised the Commission that he had no ,new matters for presentation at this time. STAFF REPORT: Acting City Manager Dick Rockenbaughadvised ,the Commission that respresentatlve~ of the Harris County Flood Control District were to clean P~or Farm Ditch on Wednesday morning. Mr. Rockenbaugh also advised that he had received a telephone call from Mr. Mike L~~"regarding the status of his request for an amendment to the city's Code of Ordinances. to permH'the'driTling of two wells on the site of his new residence for solar energy installation. Motion by Mayor Cole, seconded by Commissioner Ahrens, that City Attorney David Allums be instructed to prepare an ordinance amending the Code for considera- tion by the Commission in workshop' sessi'on on Wednesday, March 19ty. Voting Aye: All Vot i ngNo: None' COUNCIL ON AGING MINUTES: Minutes of the regular meeting of the Council on Aging on February 2l, 1980, were presented to the Commission for their information. , '..-,' I. :, ADJOURNMENT:'With'nofurther business to come before the Commission at this time, upon motion duly made', seconded and carr,ied, themeeti.ng.adjourned at 9:l5 p.m. !. . I;' ~... ; "/J / , . /J1l>>VL Mayor ATTEST: J$/~~~ City Secretary ) . '1': I, .' , \ I '----..-.I o I : U n u c ' ' I n 95 REGULAR CITY COMMiSsioN MEETING March 24. 1 <380 The City Commission convened in regular session at the City Hall on Monday, March 24, 1980,7:30 p.m., with the following members present: Mayor Cole, presiding; Commis- wioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and Acting City Mana- ger were also present. The Invocation was pronounced by Commissioner Rosenbaum~ CITY COMMISSION MiNUTES: Minutes of the regular meeti~~ of the City Commission on March lO, 1980, were presented for cohsideration. Motion by Commissioner Rosenbaum, seconded by Commis~ioner'Horen, that minutes of the regular meeting of the City Commission on March 10, 1980, be corrected to change each reference to Charter Change Committee to Charter Revision Com- mitted and approved as corrected; , Voting Aye: All Voting No: None COUNCIL ON AGING: Appointment of Ms. Aileen P. McElreath and Ms. Jewelle Ketchbaw as members of the Council on Aging was not considered inasmuch as the ladies were not in attendance at the meeting. Motion by Mayor Cole, seconded by Commissioner Horne, that this item be in- cluded on the agenda for the next regular meeting of the City Commission on Apri 1 l4, 1980. Voting Aye: All Voting No: None HEARING OF RESIDENTS: Mr. William L. Partridge, 4040 Ruskin, advised members of the Commission that he would like to express his concern for the number of dogs run- ning loose within the city, noting that there seems to be a number of residents who turn dogs loose at night. The Acti~g City Manager was instructed to give consideration to new work sche- dules for members of the Humane Division to provide coverage during early morn- ing hours. . Ms. Esther Faerber, 3902 Villanova, advised the Commis~ton that she had been named as a party toa suit against a company desiring to dispose of arsenic in wells drilled for such purpose. Ms. Faerber stated that she had consulted with geologists and hydrologists and had been advised that it was possible for the waste arsenic to enter the public water supply through shifting of the earth or faulty well casing. In response to a request by Ms. Faerber for support of the city in her endeavor she was instructed to present all information she had available to the City At- torney for his review and determinati0n as to whether the city should become in- volved actively in the proceedings, or determination of additional material re- quired prior to the City Commis~ion making a decision on such involvement. CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens requested that the Zoning and Planning Commission and the Zoning Board of Adjustment further identify all pro- perty t06e considered by the inclusion irilegalnotices of street addresses, ...........".."'.N".__."". ~ o~ ',1 h block designations, or other information'to assist members of the Commission and residents in identifying the property in question. I I I LJ SUNSET BOULEVARD TRAFFIC VIOLATIONS: Acting City Manager Dick Rockenbaugh advised the Commission 'that Mr. Frank Billings, 3123 Sunset Boulevard, was not in at- tendance, however,' in a telephone comzersatJon with Mr. Billings he was advised that residents were concerned with traffic violations and lack of concern for students trying to cross Buffalo Speedway enroute to school each morning and afternoon. It had been suggested that an unmarked patrol unit be placed in the area and that consideration be given.to'painting of cross-walks. Commissioner Horne advised that he_had received some complaints regarding speed on Sunset between Kirby and Wakeforestand that the area also be considered for the presence of an officer, noting that it was believed that some of the .violations were by 'residents of the area. RUTGERS 'PLACE TOWNHOUSE DEVELOPMENT: The Commission was presented a request from Mr. Charles Porter of Unicenter Properties for recognition of a private street within a townhouse development at Rutgers and Bellaire as 'IRutgers Placell for the purpose of designating individual units within the development as #1 Rut- gers Place, #2 Rutgers Place, etc. Mr. Porter advised the Commission. that recognition of the-street by the city was required by the Post Office Department for delivery of mail, noting that gang-type mailboxes would be provided on the site for such delivery. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the City IU1 I of West University recognize Rutgers Place in accordance with the provisions contained in Mr. Porter's letter of March 12, 1980. Vot i ng Aye: All Voting No: None ORDINANCE NUMBER ll5l~Ordinance Number 1151 was presented to the Commission and . read in full: AN ORDINANCE AMENDING SECTION lO-128 AND SECTION 10-129 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CHANGING MINIMUM REQUIREMENTS FOR SERVICE ENTRANCE CONDUCTORS AND SERVICE DISCONNECT; AND PROVID- . ING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY 'COMMISSION OF THE CITY OF WEST UNI- VERSITY PLACE, TEXAS: Section l. That Section lO-128 and Section lO-129 of the Code of Ordinances of the City of West University Place, Texas are hereby amended in the following manners and particulars: '(a) Section lO-l28 of the Code of Ordinances shall hereafter 'read as follows: "Section 10-l28. Service entrance conductors. [ In,any residence, apartment, apartment house, commercial building or other building of whatsoever character now 'existing or to be constructed within the city, all service n o n 97 entrana~ conductors, including underground conductors, shall have a'mini~~m ~~trent-carrying capacity of 150 amperes. On buildings with existing service, this require- 'mentshall apply when owner is 'adding to or modifying load, or whenever an exi'sting 'service is' found to be inadequate "',' ~'for:'demand;-;or:-',anTunsafe condition exists.l. "(b) Section lO-l29 of the Code of Ordinances shall hereafter read as follows: "Section 10-l29. Service disconnect. In 'any residence, apartment, apartment house, commercial building or other building of whatsoever character now existing or to be constructed within the city, all service disconnect means shall consist of no more than one switch or circuit breaker having a continuous current rating of no less than l50 amperes. On builclings with existing service, this requirement shall apply when owner is addim~ to or modifying load, or.whenever an unsafe condition exists.1I Section 2. This Ordinance shall be in full force and effect immediately ,from and after its passage and approval. PASSED AND APPROVED this , 1981. day of Motion by Commissioner Horne; seconded by Commissioner Rosenbaum, that Ordinance Number 1~5l be approved as read. Vot i ng Aye: All Voting No: None STREET DEPARTMENT MATERIALS: In accordance with previous action of the City Commis- sion, bids received for delivery of 50,000 gallons of asphalt emulsion colas were opened and results announced as follows: Gulf.States Asphalt Company Wright Asphalt Products .5450 @ gallon .5775 @ gallon Motion .by Commissioner Rosenbaum;secondecl by Commissioner Horne, that bids re- ceived for delivery of approximately 50,000 gallons of asphalt emulsion colas be referred to Street Superintendent A. L. Bearden for comparison with price paid last year and recommendation for purchase. Voting Aye: All Voting No: None Bids received for delivery .of approximately 1200 tons of pre-coated rock asphalt were opened and results announced as follows: : . - , :Wh i te 's Mines" 34.50 per ton (truck delivery) Motion by Commissioner Horne, seconded by Commissioner Ahrens, that bids received for del ivery of approximately..l2'o-O tons of pre-coated rock asphalt be referred to Street Superintendent A. L. Bearden for comparison with price paid last year and recommendation for purchase. Voting Aye: All Vot i ng No': 98 NON-CONSUMPTION HEAT EXCHANGE 'SYStEMS INSTALLATION: Ordinance Number ll52 was pre- sented to the Commi~sion and'read i~ full: , , AN 'ORDINANCE AMENDING tHE CObE OF ORDINANCES OF THE CITY . OF WEST 'UNrVERSITY PLACE', TEXAS, BY'THE ADDITION THERETO ., OF A's~ciION'TOBE NUMBERED'24-30;'~~OVIDING FOR DRILLING OF PRIVATE WATER WELLS FOR THE SOLE AND EXPRESSED PURPOSE 'OF ~ON-CONSUMPTION HEAT E~CHANGE 'SYSTEMS FOR ENVIRONMENTAL CONTROL USED IN SINGLE FAMILY DWELLINGS; PROVIDING FOR A PERMIT FEE FOR EACH WELL TO BE DRILLED; PROVIDING FOR A PENALTY FOR VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE' IT ORDA fN'ED BY THE CITY COMM I SS ION OF THE CITY ,OF WEST UN I VERS I TY PLACE. TEXAS: '-J LJ Section l: That the Code of Ordinances of the City of West ;"Un'ivers'ity ;Place,'Texas 'is hereby' amended by the addition of Section '<!'24~3(i); s'aj;d~SecHon"td read'~as,.-f0llows: , , "Section 24-30. Private water wells. A. A 'private water well is 'hereby permitted to be drilled for the 'expressed and sofe 'purp'ose 'of'non""consumption heat ex- change systems for environm~ntal control used in single family dwell ins 'under the following conditions: '1) Plans and"specifications sufficient' in scope and detail 0' I!, to adequately describ~ said ~Ystem, including size of units, water supply characteristics, amount of water re- quired, location and depth of wells and materials to be used shall be submitted to the Building Inspector for re- view and 'approva 1 . . 2) That any well drilled under.,these pr:ovi?i'<jns shall be used exclusively and only for non-consumption heat ex- change and environmental control systems, and for no other purpose. '3)' That any well drilled on a single family lot shall be a minimum distance of ten (lO.) feet from any property 1 ine. 4) A permit fee of twenty-five ($25.00) dollars shall be paid for each well to be drilled, together with any other fees required for normal installation and fees for in- "staHation of all components':of the water system. 5) Any well or wells drilled must be approved by all Govern- ment regulatory agencies :asto their requirements and such approval must be provided in writinn to the Build- ing Inspector by the owner of said non-water consumption 'heatexchangesys'tem. '. . [-1 u ~ tJ n 99 B. The Building ana/or ,Director of Public Works is here- by authorized, upon notification to the property owner, to enter upon said property for the purpose of inspecting said water well ,heat exchange system. C'. I n the event of non-comp 1 i ance by' the property owner with these provisions, a fine of three-hundred ($300.00) dollars pe~ violation shall'be i~posed for the first offense. Sub- sequentdeterrilination of non-compliance shall require a penalty of five-hundred ($500.00),doJlars, together with theauthorify to disconnect all electric power to said system. Section 2. This Ordinance sh~ll'be in: full force Clndeffect immediately from and after its passage and approval. PAssED AND 'APPROVED th1s " 1981 day of J . Motion by Commissioner Ahrens that Ordinance Number ll52 be approved as read. Motion died for lack of a second. Motionfby Commissioner Horne', seconded by' Commissioner Maneval, that Section A92) be amended to read: "That any well dri lled under these provisions shall not be integrated with nor into the city's water supply system, and shall be used ex- cldsively and only for non-consumption heat exchange and environmental control systems, and for no other purpose." Voting Aye: Cole Horne Maneval Vot i ng No: Rosenbaum Motion by Mayor Cole, seconded by Commissioner Maneval, that Ordinance Number ll52 be re-typed as amended and Item 9 berecessed until Wednesday, March 26th. Voting Aye: All Voting No: None , , , , INDUSTRIAL COST RECOVERY SYSTEMS REQUIREMENTS OF EPA: ResolutIon Number 80-09 was presented to the Commission and read in full: WHEREAS, the City of West University Place does not' presently treat, or accept any industrial waste; and 'WHEREAS,the City of West University Place ~oes not anticipate in the future to treat nor accept any industrial waste. NOW, THEREFORE, BE IT'RESOLVED BY THE 'CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: That the City of West'.Universify Place does not need to cr:eate nor adopt the Environmental Protection Agency's required "Industrial Cost Recovery Systems'Requlrements". However, H, at any time in the future, the City of West University Place does agree to treat any indus- trial waste, the required "lndustrialCost'Recovery Systems Requirements.' will be adopted and enforced~ ~ " J_~. . .... ,.:I'Lll"::iU,I1,!U.l,Clrlll",-,1 L_'-'~. .~ ,..",.,-"..".,- 100 PASSED AND APPROVED this . day of , 1980. Motion by Commissioner Horne, seconded by Commissioner Maneval, that Resolu- I tion Number 80-09 be' approved-as read. I I I '-----' , Voting Aye: All. Voting No: None LEGAL MATTERS:, City Attorney David Allums advised the Commission that he had no matters to bring to their- attention at this time. STAFF REPORT: Acting City Manager Dick~Rockenbaugh'advised the Commission that con- sideration should be given to a recommendation of the Insurance Committee that the city purchase an umbrella policy. in the amount of $5,000,000 at an annual premium rate of$l5,OOO to insure against inflated'costs, death, etc. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the Acting City Manager be authorized to'purcha~e umbrel1a'insurance coverage in the amount of $5,000,000 at an annual premium of $l5,000. Voting Aye: All Voting No: None The Commission was presented a request from Police Chief Frank Robinson for the emergency~purchase'of two "re-condltioned IBM typewriters due to complete failure of one typewriter and very poor condition of a second. It was noted that s supplier had advised that two fully reconditioned machines with trade-in could be purchased for $950.00. Motion by,MayorCole,' seconded by Commissioner Rosenbaum, that the Mayor here- !~ by determ;nes that purchase oftypewr;ters for the Pol;ce Department ;s an ~D emergency and authorizes bypassing normal bidding procedures, and authorizes Chief Robinson to purchase two (2) reconditioned typewriters at a cost of $950.00. Voting Aye: All Voting No: None The Commission 'was advised ,thatequipment'consisting of 39 joints of 61'x2tlxt" complete columns and one lO.x6" column, bowl section and motor removed from water well #3 could be offered for sale to another municipality. It was re- quested that sufficient time be allowed for advertising in Texas Town and City magazine-and other publications. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the Acting City Manager be authorized to advertise for the sale of equipment removed from water well #3. Voting-Aye: ,All, Vot i ng No: None BOARD AND COMMITTEE MINUTES: Minutes of the following board and committee meetings were presented to'the Commission for'their information. Plumbing Board meeting on March lO, 1980 Electrical Board meeting"on'March.1T, .l980, Zoning & Planning Commission meeting on March l3, 1980 Zoning Board of Adjustment meeting on March 19, 1980 lJ Members of the Comm'ission were advised that no action would be required on re- commendations of the Plumbing Board for amendments to the Plumbing Code until such B.da,rd had completed its study and presented complete recommendations for consideration. o n 101 ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was recessed at 8:45 p.m., until Wednesday, March 26, 1980, 7:30 p.m. cr;A/Yl~ Mayor . ATTEST: ~~~~ City Secretary , .I~ 102 :C ITV- COMM I SS I ON RECESSED .MEET I NG < March 26,' 1980 \ U The City Commission convened in recessed session on Wednesday, March 26, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commis- sioners Ahrens, Horne, Maneval and Rosenbaum. The Acting City Manager was also present. Mayor Cole announced that the purpose of the recessed meeting was to further con- sider Ordinance Number 1152 after its amendment at the regular meeting of the City Commission on Monday, March 24th. Mayor Cole read Ordinance Number ll52, as amended, in full:. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY THE ADDITION THERETO OF A SECTION TO BE NUMBERED 24-30; PROVIDING FOR DRILLING OF PRIVATE WATER WELLS FOR THE SOLE AND EXPRESSED PURPOSE OF NON-CONSUMPTION HEAT EXCHANGE SYSTEMS FOR ENVIRONMENTAL CONTROL USED IN SINGLE FAMILY DWELLINGS; PROVIDING FOR A PERMIT FEE FOR EACH WELL TO BE DRILLED; PROVIDING FOR A PENALTY FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: 0'_ Section 1. That the Code of Ordinances of the City of West Univer- sity Place, Texas, is hereby amended by the addition of Section 24-30, said Section to read as follows: Section 24-30. Private water wells A. A private water well is hereby permitted to be drilled for the expressed and sole purpose of non-concumption heat exchange systems for environmental control used in single family dwell- ings under the following conditions: 1) Plans and specifications sufficient in scope and detail to adequately describe said system, including size of units, water supply characteristics, amount of water re- quired, location and depth of wells and materials to be used, shall be submitted to the Building Inspector for review and approval. 2) That any well drilled under these provisions shall not be integrated with nor into the city's water supply system, and shall be used exclusively and only for non-consumption heat exchange and environmental control systems, and for no other purpose. 3) That any well drilled on a single family lot shall be a minimum distance of ten (lOI) feet from any property line. . l U 103 ~ 4) A permit fee of twenty-five ($25.00) dollars shall be paid for each well to be drilled, together with any other fees required for normal installation and fees for installation of all components 'of the water system. 5) Any well or wells drilled must be approved by all Govern- mental regulatory agencies as to their requirement~and such approval must be provided in writing to the Building Inspector by the owner of said non-water consumption heat exchange system. . B. The Bu il ding I nspector and/or Di rector of Pub 1 i c Works is hereby authorized, upon notifictation to the property owner, to .enter upon sa i d property for the purpose of inspect i ng said water well heat exchange system. C. In the event of non-compliance by the property owner with these provisions, a fine of three-hundred ($300.00) dollars per violation shall be imposed for the. fi rst offense. Sub- sequent determination of non-compliance shall require a pena- lty of five-hundred ($500.00) dollars, together with the authority to disconnect all electric power to said system. Section 2. 'Jhis Ordinance shall be in full force and effect im- med i ate 1 y from and after its passage and approval. D PASSED AND APPROVED this day of , 1980. Numerous modifications were suggested by members of the Commission, to the ordinance as presented, including: Section A(2): That any well drilled under these provIsIons shall not be integrated with, or connetted to, the city's water sypply system...... Section B The Building Inspector'and/or Director of Public Works is hereby authorized, at reasonable times and intervals. to enter upon said property... Section A(5): Delete the word Ilwater'l from the last sentence. Other items discussed for possible inclusion in the provisions of the ordi- nance included: l) Second well injection into same aquifer 2) Depth of wells (m~nimum/maximum) 3) Inspection during dri II ing and upon completion 4) Six (6) month interval inspection 5) Closing requirements 6) Why limit to single family dwellings? n Motion by Mayor Cole, seconded by Commissioner Horne, that Ordinance Number 1152 be re-drafted so that it more clearly conforms to the recommendations of the Plumbing Board. Voting Aye: All Voting No: None ~'''''---' - -r ~,. .,,,,,,, . II.' , .,,"'."',........"', .. 104 The Commission was advised that Street Superint~ndent A. L. Bea~den had not com- pleted his evaluation of bids received for del ivery 'of emulsified asphalt .Icolas" II and pre-coated rock asphalt and consideration of the purchase of street repair ;: materials would be included on the agenda for the 'next regular meeting of the City Commission on Monday, April 14, 1980. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the recessed meeting adjourned at 8:l5 p.m. ATTEST: ~7n~ , Mayo r ~~&~ City Secretary u u n [[] n 105 REGULAR C I TYCOMMISS I ONMEETI NG Apri 1 14; 1980 The City Commission convened in regular session at the City Hall on Monday, April 4, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commis- sioners Horne, Maneval and Rosenbaum. The City Attorney and City Manager were also present. Commissioner Ahrens was absent. The Invocation was pronounced by Mayor Cole. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on March 24, 1980, and a recessed meeting on March 26, 1980, were presented to the Commission for consideration. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of the City Commission on March 24, 1980, and a recessed meeting'on March 26, 1980, be approved as submitted. Voting Aye: All Voting No: None GOOD HEALTH WEEK: Mayor Cole presented the following Proclamation: WHEREAS, the hea 1 th of all i nd i v i dua 1 s ls::a 'pr.lme concern of the Houston-Galveston Area Council Health Systems Agency; and WHEREAS, the greatest contribution individuals can make is to keep themselves healthy; and WHEREAS, all citizens are urged to take responsibility for their own health and to adopt appropriate lifestyles which contribute to good health. NOW, THEREFORE, I, James M. Cole, by virtue of the authority vested iri me as Mayor of the City of West University Place, in the State of Texas, do hereby proclaim the week of April 20 through April 26 as GOOD HEALTH WEEK in the City of West University Place, and I hereby furthermore proclaim Saturday, April 26, 1980, as WEST UNIVERSITY SENIOR C/TIZEN1S GOOD HEALTH DAY and urge all citizens to unite in an awareness of health care and the effective use of community health care resources with emphasis on personal responsibility for health care. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Wes~UnlYersity Place, Texas to be affixed at West University this fourteenth day of April, in the year of our Lord one thousand-nine hundred and eighty. Mayor Cole presented theProcla~a.iin to Mrs. Joyce Benner, Director of the West University Senior Services. . "j.'-'--'~. - lOG COUNCIL ON AGING: The Commissiohwas advised that Ms. Aileen P. McElreath and Mrs. Jewele Ketchbaw had agreed to serve a~members of the Council on Aging. Motion by Commissioner Rosenbaum, seconded b~ Commissioner Maneval, that Ms. Aileen P. McElreath and Mrs. Jewele Ketchbaw be appointed to serve as members of the Council on Aging. u Voting Aye: All Voting No:,None Mayor Cole admInistered the Oath of O~fice to Ms. McElreath as a member of the Council on Aging after having been advised that Mrs~ Ketchbaw was out of the city. I " '" APPOINTMENT OF CITY MANAGER: Motion by Commissioner Horne, seconded by Commissioner Maneval, that this item be deferred urltil all members of the City Commission were in attendance. Vot i ng Aye: All Voting No: None HEARING OF RESIDENTS: Ms. Joan McCay, 30291 Carnegie, advised the Commission that she wanted to commend Mrs. Benner for the outstanding work she had been per- forming in her position as Director o~ Senior Services, noting that numerous' residents had been helped by Mrs. Benne~. APPOINTMENT OF CITY SECRETARY: Resolution Number 80-ll was presented to the Commis- sion and read in full: WHEREAS, the City Commission has deemed it desirabile and in 0 the best interest of the city to appoint an official City Secretary of , the City of West universitYPlacl Texas; and WH EREAS, Lee Locka rd has se rved in the capac ity 'of As s i stan t City Secretary and is qualified tic assume the duties of City Secretary; " and WHEREAS, it is the desire of the City Commission to provide for the services of other persons to perform such "duties as may be necessary during the absence of the City Secretary. NOW, THEREFORE, BE IT JESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TE~AS: Section l. That the City Commission hereby names and appoints Lee Lockard as City Secretary of the City of West University Place, Texas, for an indefinite period at the 1leasure of the City Commission. Section 2. That said Lee Lockard is hereby invested with all of the duties and responsibilitie~ as set forth in' the Charter of said City and the Statutes of the State of Texas. Section 3. ~ That said Lle Lockard shall receive such compensa- tion as shall be fixed by the Cit~~ Commission from time to time and shall furnish a surety bond in an amount to be fixed by the City Commission. ". 'Section 4. That the ~~ ointment of Lee Lockard as City Secre- tary of the City of West UniverSil~Y Place, Texas shall become effective April 14, 1980. I i u n [ [ 107 Section 5. That the City Manager is hereby authorized to designate such persons as he deems necessary to perform such duties as may be required during the absence of the City Secretary. PASSED AND APPROVED this day of , 1981. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that Reso- lution Number 80-ll be approved as read. Voting Aye: All Voting No: None Mayor Cole administered the Oath of Office to Mrs. Lockard as City Secretary of the City of West University Place, Texas. CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens arrived at the meeting at this time. Commissioner Rosenbaum advised that she was very concerned with the parking of large objects on the streets, such as dumpsters and large trucks, and that it was her belief that consideration should be given to an ordinance to prevent these ~ehicles parking on the streets. Commissioner Ahrens was advised that the Director of Public Works was attempt- ing to get the City of H6uston to repalr a water leak at Edloe and ~issonnet and to repair Bissonnet Street near Liberty Hill Park. APPOINTMENT OF CITY MANAGER: Resolution Number 80,.,lOwas presented to the Commis- sion and read in full: WHEREAS, the Code or Ordlnances of the City of West University Place, Texas, provides that the City Commissinn shall appoint and employ a City Manager who shall have and perform the duties, functions and obli- gations of such office; and WHEREAS, Jim B.lOown served in the capacity of City Manager from June 5,1978, until October 31, 1979; and WHEREAS, said Jim Bf:own has resigned his duties with the City of West University Place, Texas. NOW, THEREFORE, BE I T RESOLVED BY THE CITY COMM I SS ION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section l. That Richard R. Rockenbaugh be, and he is hereby, appointed to serve as City Manager of the City of West University Place, Texas, for an indefinite period at the pleasure of the City Commission. Section 2. That said Richard R. Rockenbaugh shall be the prin- cipal administrative head of the municipal government of the City of West University Place under the direction and supervision of the City Commission. Section 3. That said RichardR. Rockenbaugh shall receive such eompensation as shall befixe&'bythe City Commission from time to time, and shall furni~h a surety bond in the amount of twenty-five thousand ($25,000) dollars as required by the City Commission. 108 Section 4. That sa1d Richard R. Rockenbaugh shall have the powers amd'duties as set forth in the Code of Ordinances of the City U of West University Place~ 'Texas~ and as otherwise prescribed by the ' City Commission. Section 5. That the appointment of Richard R. Rockenbaugh as City Manager of the City of West University Place, Texas shall be- come effective March 31, 1980. , PASSED AND APPROVED this 1980. day of Commissioner Rosenbaum stated prior to a vote' on Resolution Number 80-12: "As a matter of principle ~-, I should vote "no", but in an effort to bring back'lines of communication and with' the hope that the Mayor might open up and communicate with all members of the Commission~ I will cast my vote, "yes" . Motion by Commissioner Horne~ seconded by Commissioner Maneval~ that Resolution .Number 80-10 be approved as :'read . Voting Aye: All Voting No: None Mayor Cole administered'the Oath of Office to Mr. Rockenbaugh as City Manager of the City of West. University Place~ Texas. NON-CONSUMPTIVE HEAT.EXr.HAN~F. ~Y~TF.M~' Ordinance Number 1152 was presented to the Commission and read in full: o AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY THE ADDITION THERETO OF A SECTION TO BE NUMBERED 24-30; PROVIDING FOR DRILLING OF PRIVATE WATER WELLS FOR THE SOLE AND EXPRESSED PURPOSE OF NON-CONSUMPTIVE HEAT EXCHANGE SYSTEMS FOR ENVIRONMENTAL CONTROL USED IN SINGLE FAMILY DWELLINGS OR COMMERCIAL PROPERTIES; PROVIDING FOR A PERMIT FEE FOR EACH WELL TO BE DRILLED; PRO- VIDING FOR A PENALTY FOR VIOLATIONS; AND PROVIDING AN~EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF OF WEST UNIVERSITY PLACE~ TEXAS: Section!. That the Code of Ordinances of the City of West University Place, Texas, is, hereby amended by the addition of Section 24-30~ said Section to read as follows:' "Section 24-30. Private water wells A. A private water well or multiple integrated wells are hereby permitted to be drilled for the expressed and [j sole purpose of non-consumptive heat exchange systems 'for environmental control used in single-family dwell-, ings or commercial properties, under the following conditions: 109 1) Plans and specifications sufficient in scope and detail to adequately describe said systems, in- cluding size of units, water supply characteristics, amount of water required, location and depth of wells and materials to be used, shall be submitted to the Building, Inspector for review and approval. 2) That any well drilled under these prOV1S1ons shall not be integrated with nor connected to the city's water supply system, and shall be used exclusively and only for non-consumptive heat exchange and en- vironmental control systems, and for no other purpose. 3) That any well drilled on a single family lot or commer- cial lot shall be a minimum distance of ten (10') feet from any property line. 4) A permit fee of twenty-five ($25.00) dollars shall be paid for each well to be drilled, together with any other fees required for normal installation and fees for installation of all components of the water system. 5) Any well or wells drilled must be approved by all Governmental regulatory agencies as to their require- ments and such approval must he provided in writing to the Building Inspector by the owner of said non- consumptiv~ heat exchange system. B. The Building Inspectorand/qr Director of Public Works is hereby authorized, upon notification to the property owner, to enter upon said property for the purpose of inspecting said water .,well heat exchange system at any time, but .not less than six (6) month'intervals. C.. In the event of non-compliance 'by the property owner with these provisions, a fine 6fthree-hundred($300.00) dollars per violation shall be imposed for the first offense. Sub- sequent dete+,mination, of non-compliance shall require a penalty of five-hundred ($500.00) dollars, together with the authority to disconnect all electric power to said system. D. In the event the well or wells are abandoned, such abandon- ment and plugging of such wells shall be prescribed by the Building Inspector and Director of Public Works. Section 2. This Ordinance shall, be in full force and effect im- mediately from and after its passage and approval. PASSED AND APPROVEDthii:l day of , 1980. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Ordinance Number 1152 be approved as read. .,-, , _ 'U:-""IUlllfll; .,1. """lU'D"'''''''''''" hlr" " , ~~ '" . ~ 110 Voting Aye: Ahrens Voting No: Rosenbaum Cole Horne Maneval n REGULATING WRECKER OPERATIONS IN WEST UNIVERSITY: Ordinance Number 1153 was presented to the Commission and read in full. AN ORDINANCE DEFINING WRECKER; REQUIRING A PERMIT TO OPERATE A WRECKER; PROVIDING THE REQUIREMENTS FOR AN APPLICATION TO OPERATE A WRECKER; SETTING THE ANNUAL FEE FOR A WRECKER PER- MIT; PROVIDING FOR THE ISSUANCE OF A PERMIT; PROVIDING FOR THE DISPLAY OF SIGNS TO INDICATE ISSUANCE; PROVIDING FOR THE EXPIRATION ON THE 15TH DAY OF FEBRUARY OF EACH YEAR; PROVID- ING THAT A PERMIT IS PERSONAL TO THE OWNER; PROVIDING THE CITY MANAGER, DIRECTOR OF FINANCE AND CHIEF OF POLICE MAY PRESCRIBE RULES AND REGULATIONS; PROVIDING FOR THE REQUIRED EQUIPMENT UPON WRECKERS; REQUIRING WRECKER DRIVERS TO OBEY POLICE OFFICERS INVESTIGATING ACCIDENT AND PROHIBITING INTERFERENCE; REQUIRE- ING:'WRECKER DRIVERS TO REMOVE DEBRIS AND GLASS FROM THE STREET; PROVIDING FOR PERMIT HOLDERS LIABILITY; PROVIDING PENALTY FOR VIOLATION HEREOF, OF NOT LESS THATN $25.00 NOR MORE THAN $200.00 FOR EACH DAY'S VIOLATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. For the purpose of this ordinance the term "wrecker" 01 shall mean any automobile, truck, or other motor vehicle used for the . purpose of towing, carrying, pushing or otherwise transporting any motor vehicle. Section 2. It shall be unlawful for any person to drive or operate or cause to be driven or operated any wrecker upon any public street in the City of West University Place, Texas, for the purpose of towing or hauling wrecked or disabled vehicles, either for hire or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles or for any other purpose, without having first obtained a wrecker permit from the city duly issued to such person to operate a wrecker on the streets of the city. Section 3. Any owner desiring to operate a wrecker in the City of West University Place shall apply in writing for a permit to the Director of Finance and shall state the following on his application: a) The name and address of the owner. If an individual, the ap- plication shall so state. If a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. b) The humber of wreckers the applicant desires to operate, listing the make, model, motor number and correct state license number of each wrecker. u 111 n c) The true ownership of each wrecker. If not owned outright by the owner, the name and address of the true owner shall be given. If the wrecker is operated under the terms of a contract with some other company than the owner, a copy of the contract shall also be attached. d) That the owner will obey the provisions of this ordinance and of all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws, that his permit maybe revoked or suspended. e) An application under this section shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the corporate seal affixed. In all cases, the'person signing shall execute an affidavit on the application form, that the statements con- tained in such affidavit are true and correct. rn Section 4. The fee for a wrecker permit shall be $25.00 per year for each wrecker to be operated by the applicant. If a permit is granted subsequent to the 15th day of February in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. By "month" is meant a permit month, that is from the 15th day of one month to the 15th day of the next month. This fee shall not be refundable in any case. Section 5. After the owner has filed his wrecker permit applica- tion and any proof of financial responsibility and insurance policies re- quired by the regulations promulgated by the Director of Finance and the Chief of Police, and if the same are found to be in compliance thereto, the Director of Finance shall be authorized to issue to the owner a permit to operate a wrecker in the City of West University Place, Texas, upon payment of the permit fee. Section 6. The Director of Finance or the Chief of Police is empowered to prescribe regulations for the displaying of signs on wreckers showing that a permit has been issued as provided for in this ordinance. Section 7. All permits issued under this ordinance, shall expire on the 15th day of February next following the date of issuance, and shall then be renewable until the next succeeding 15th day of February. Section 8. A wrecker permit issued under this ordinance shall be a personal permit to the owner and shall not entitle any other person to operate such wrecker. w Section 9. The City Manager, Director of Finance and Chief of Police are authorized to make such rules and regulations as they deem appropriate for the operation of wreckers on the streets of the City of West University Place and for the storage of any motor vehicle transported by a wrecker to a storage facility. .. , .,.~, . , ~~ 'r ..~ ~-~ 112 Section 10. Small license plates or medallions shall be issued by the Director of Finance at the time'a permit is issued under this ordinance, which shall be attached to the wrecker. The Director of Finance is hereby empowered to prescribe regulations for the displaying of signs and the location of such medallions on wreckers showing that a permit for the same has been issued under this ordinance. IJ Section 11. All wreckers shall be provided with the follow- ing minimum equipment, which equipment shall be adequate for the pur- pose(s) for which it is designed and shall further be kept in usable condition at all times. a) Friction bumper jack, such friction bumper jack being defined as that piece of equipment commonly used in the wrecker business to disengage vehicles locked together as a result of an accident or collision by the appli- cation of force. b) One fire extinguisher that is properly filled and located so that it is readily accessible for use. The fire ex- tinguisher must be securely mounted on the vehicle. It must be designed, constructed, an~ maintained so as to permit visual determination of whether it is fully charged. c) Three (3) flares or three (3) red electric lanterns or three (3) portable red emergency reflectors, each of 0 which shall be capable of being seen and distinguished at a distance of not less than six-hundred (600) feet under normal atmospheric conditions at night time. No flare, fuse, electric lantern or warning flag shall be used for the purpose of compliance with the require- ments of this section unless such equipment has been ap- proved by the Texas Department of Public Safety. d) Tow bars equipped with rubber covering which covering shall be one (1) inch in thickness and cover all of the bridle. The tow bar is a part of the wrecker and is used to hold a vehicle which has been elevated for towing , in a rigid position, and to prevent swinging of such raised vehicle as it is being towed. When a vehicle is being towed-the bar shall be in place to prevent swinging. In the alternative, a pliable non-scuffing sling may be used in lieu of the above described tow bars. e) Broom - such broom being that piece of equipment commonly known as a "shop" or "push" broom with a head not less than twelve (12) inches in width. f) Shovel, axe and First Aid Kit. , -1 '---.J N""., .:,,~~~ " _Y!r!"..' -':c. ~ ~ ",- :.} rn [ 113 g) Wench and Boom - such winch being a power operated winch line and boom with a factory rated lifting capacity (or tested capacity) of not less than 5,000 pounds, single line capacity and a boom not less than five (5) feet in length. Wench operating controls must be operable from either side of the truck or from inside of the cab. h) Size - no wrecker shall be permitted which is less than 3/4 ton in size. i) Safety Chains - two (2) safety chains being not less than seven (7) feet in length and having a minimum factory test strength of eight (8) thousand pounds. Section 12. All wrecker drivers arriving at any place where an accident has occurred shall obey all lawful orders given them by any police officer of the city investigating such accident and ,shall not in any manner interfere with such police officer in the performance of his duty. Section 13. It shall be the duty of the driver of each wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the same away to clear the street of any and all debris, parts or glass. In the event two (2) or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the streets of debris, parts or glass. Section 14. The holder of any wrecker permit shall be responsible and liable for any damages or losses inflicted to automobiles or other vehicles being lifted, hauled, transported or any other activity being performed by a wrecker which is the subject of the holder's permit; provided, hpwever, that this responsibility and liability shall extend only to damages caused by the negligenc~ of the permit holder, his agent or by the improper main- tenance of his equipment. Before any permit shall be issued under this ordinance, an affidavit acknowledging this responsibility and liability shall be executed by the person applying for a wrecker permit, which form shall be provided by the city. Section 15. Any person violating any prov1s10n of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than $25.00 nor more than $200.00. ' Each day such violation occurs shall constitute a separate offense. Section 16. This ordinance shall be in full force and effect immediately from and after its passage. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Maneval. seconded by Commissioner Rosenbaum, that Ordinance Number 1153 be approved as read. Voting Aye: All Voting No: None 114 PURCHASE OF STREET MATERIALS: A recommendation from Mr. Bearden for the purchase of asphalt emulsion colas and crushed limestone coverstone was presented to the Commission. Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the recom~ mendation of Street Superintendent A. L. Bearden for the purchase of asphalt emulsion colas from Wright Asphalt and the purchase of crushed limestone cover- stone from White's Mines be accepted. u Voting Aye: All Voting No: None PUBLIC SAFETY EMPLOYEES COMPENSATION PLAN:. A revised Public Safety Employees Com- pensation Plan was presented to the Commission for consideration. Commssioner Horne advised those persons in attendance that the increases re- flected in the compensation plan were necessary inasmuch as West University's Police Department was one of the lowest paid in the county and many difficulties were being encountered in recruitment of replacement personnel. Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the City Commission adopt the Public Safety Employees Compensation Plan dated April 14, 1980, to become effective April 15, 1980. Motion amended by Commissioner Ahrens for the plan .to become effective July 1, 1980, in accordance with the provisions of the Personnel Policy and Procedure Manual. Amendment to the motion died for lack ofa second. Voting Aye: All Voting No: None c LEGAL SERVICES: An invoice in the amount of $3,562.tJ.6, submitted by City Attorney, David Allums for legal services rendered during the months of January, February and March, was presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that an invoice in the amount of $3,562.46, submitted by City Attorney David Allums for legal services rendered during January, February and March be approved for payment. Voting Aye: All Voting No: None CONSTRUCTION OF WATER WELL 117: Estimate Number 1 in the amount of $121,504.50 submitted by Layne-Western Company for work completed on drilling water well #7 was presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Horne, that an invoice in the amount of $121,504.50 submitted by Layne-Western Company for work com- pleted on water well 117 be approved for payment. Voting Aye: All Voting No: None ABANDONMENT OF WATER WELL #3: The Commission was advised that work had been com- pleted by Layne-Texas Company to abandon water well #3 in accordance with the provisions of the Texas State Department of Health and an invoice in the amount of $3,496.32 submitted. -------, I I I I '-------' u 0, ~ i ' I, I u 115 Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Layne- Texas Company be paid the sum of $3,496.32 for completion of the project to abandon water well #3. Voting Aye: All Voting' No: None PROTECTION OF EQUIPMENT STORED AT SANITARY LANDFILL SITE: Quotations received for the installation of an overhead,door on the storage shed located at the sanitary landfill site were presented as follows: Overhead Door, Inc. Hollywood Door All Door Inc. $960.00 835.00 810.00 Director of Public Works David Ebyrecommended that the proposal submitted by Hollywood Door be accepted inasmuch as he was familiar with such company and its products. Motion by Commissioner Ahrens, seconded by Commissioner Horne, that further discussion of this item be recessed until Wednesday, April 16, 1980, during which time Mr. Eby will investigate the products handled by All Door, Inc. Voting Aye: All Voting No: None POLICE DEPARTMENT REMODELING: A progress billing in the amount of $1,000 submitted by Forest W. McNeir & Son for work completed on remodeling the Police Department was submitted for consideration. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that an invoice in the amount of $1,000 submitted by Forest W. McNeir & Son for work completed on the Police Department remodeling be approved for payment. Voting Aye: All Voting No: None WATER TRANSMISSION LINE: An invoice in the amount of $73,994.00 submitted by Jalco, Inc. for completion of a twelve inch water transmission line from the site of water well #7 to the Milton Street water plant was presented for consideration. Mrs. Penelope Parrish, who was in attendance at the meeting, requested permis- sion to speak on this subject, and presented members of the City Commission the following letter: Mr. Jack DeNina, Jalco Construction Company, rented my property at 5600 Weslayan (two vacant lots) for a period of two (2) months for use as a construction staging area. My written agreement with Mr~ DeNina was that the property would be returned to its original state at the, conclusion of the project. Our specific written agreement did not address the use of my property as a land fill site from excess ditch dirt. However, a verbal agree- ment was reach which yielded mutual benefit to Contractor and land owner. 116 My qualified approval for allowing fill dirt to be added was, 1) not more than 12 to 18 inches uniform increase in grade elevation, 2) maintain one inch in 10 feet of slope from the rear of the site to the street to insu:r-e" good drainage, and 3) provide swa1e ditches at the south and west property lines to insure good drainage ,and not trap rain water run-off from my neighbors. Previously, a portion of my neighbors properties drained across my property. Although this condition should not exist, I believed it would be inappro- priate for me to dam up the existing run-off and create a problem for them. u At the present time, Ja1co Construction Co., has not completed their work and several mounds of dirt still remain which must be hauled away. My last conversation with Jack DeNina was last Wednesday, 9 April 1980, whereby he stated the would would probably be finished by Saturday; 12 April 1980. I'm sure Jack has good intentions and probably good excuses as to why the work is not completed. However, unless Ja1co Construction Company has a vested interest in the completion of their land fill dirt problem, it will remain a low priority item in timely execution. I, therefore, respectfully request that the City of West University Place retain sufficient monies from the Contractor's contract pay- ment until the project generated fill dirt is disposed of properly. Respectfully yours o J. L. Parish Motion by Mayor Cole, seconded by Commissioner Horne, that further considera- tion on payment to Ja1co Construction Company in the amount of 73.994.00 be recessed until Wednesday, April 16, 1980. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised that a hearing had been held on the Ash vs City of West University ~lace suit to secure payment for unused sick leave benefits on behalf of Police and Fire Department personnel and the case had been postponed until June 2, 1980. Mr. Allums also advised the Commission that he would soon have ready for pre- sentation an appraisal of the property where the sanitary landfill site is located. The Commission was advised that various Sub-Committees of the Charter Revision Committee were meeting on a regular basis at this time. STAFF REPORT: City Manager Richard Rockenbaugh advised the Commission of the death .u- on Saturday, April12, 1980, of Ar1ee Tann, an employee of the Street Department for more than twenty (20) years. u o ~ 117 Mr. Rockenbaugh presented an invoice submitted by the Texas Municipal League in the amount of $1,222.00 for annual dues, noting that the amount was calcula- ted by the use of population figures used for General Revenue Sharing of 15,367 times $.06 per capita, plus a $300.00 base charge for cities having populations between 15,000 and 20,000. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that an invoice in the amount of $1,222.00 submitted by the Texas Municipal League be approved for payment. Voting Aye: All Voting No: None Mr. Rockenbaugh advised that corisideration of a contract with Gilbert Garcia for preparation of a computer system payroll program had been inadvertently omitted from the agenda, but should be considered by the City Commission as soon as possible. Motion by Commissioner Maneval, seconded by Commissioner Horne, that considera- tion of a contract with Gilbert Garcia be considered as an emergency item for a recessed meeting on April 16, 1980. Voting Aye: All Voting No: None BOARD AND COMMITTEE MEETING MINUTES: Minutes of the following board and committee meetings were presented to the Commission for their information. Charter Revision Committee meeting on March 26, 1980 Parks and Recreation Board meeting on March 25, 1980 Plumbing Board meeting on March 24, 1980 Zoning and Planning Commission meeting on April 10, 1980 ADJOURNMENT: Motion by Mayor Cole that this meeting of the City Commission be re- cessed until Wednesday, April 16, 1980, for further consideration of Items 15 and 17, and also for consideration of a contract with Gilbert Garcia for pre- paration of a computer system payroll program. Motion was seconded by Commis- sioner Maneval, and the meeting recessed at 9:30 p.m. ~zu~ I 1 ATTEST: ~ ~cvJ' ~ City Secretary 118 RECESSED CITY COMMISSION,MEETING April 16, 1980 The City Commission convened in recessed session at the City Hall on Wed~ nesday, April 16, 1980, 7:30 p.m., with the following members present: Mayor Cole, . presiding; Commissioners Ahrens, Horne, Maneval and Rosembaum. The City Manager was also present. Mayor Cole announced that the purpose of the meeting was to consider items that had been recessed from the regular meeting of the Commission on Monday, April 14, 1980. Protection of Equipment StoredatSanitarv Landfill Site: In accordance with instructions of the City Commission, Director of Public Works David Eby had visited with Mr. Harvey Hutchens of All-Door, Inc. to ascertain the type con- struction and materials used in overhead doors quoted by his company. Mr. Eby advised that he approved the Windsor door used by All-Door, Inc. and recom- mended the City Commission accept the low bid of All-Door, Inc. of $810.00. Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the City Commission accept a proposal from All-Door, Inc. for installation of an over- head door on the storage shed located at the sanitary landfill site for a total bid of $810.00. Voting Aye: All Voting No: None Water Transmission Line: Director of Public Works David Eby advised the Commission that he had talked with Jerry Parish and Jack DeNina to resolve a problem involving Jalco, Inc. using a lot owned by Mr. Parish as a stag- ing area during construction of a 12" watertransniission line. Mr. Eby stated that he had agreed to use the dirt remaining on the lot to fill and level the .site of water well #7 and that Mr. DeNina had agreed that Jalco, Inc. would correct any drainage problems which might develop from his use of the property. Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that the City Commission approve payment of an invoice in the amount of $73,994.00 submitted by Jalco, Inc. for the installation of a 12" water transmission line from the site of water well #7 to the Milton Street water plant. Voting, Aye: All Voting No: None Computer Systems Payroll Program: In accordance with instructions of Mayor Cole, this item was added to the recessed session agenda for consideration by the Commission as an emergency item. Director of Finance Patrick O'Connor briefly reviewed a contract proposal submitted by Gilbert Garcia for a complete payroll computer system soft- ware package for a total of $3,000. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the City Commission approve the execution of a contract with Mr. Gilbert Garcia n o n 119 for a complete payroll computer system software package. Voting Aye: Horne Maneval Rosenbaum Cole Voting No: Ahrens With no further ,business to come before the Commission at this time, upon motion duly made, seconded and carried the recessed meeting was adjourned at 8:25 p.m. ~k?n &4-: Mayor ATTEST: ~~ City Secretary 120 REGULAR CITY COMMISSION MEETING April 28, 1980 The City Commission convened in regular session at the City Hall on Monday, April 28, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Maneval and Rosenbaum. The City Manager was also present. The Invocation was pronounced by Commissioner Ahrens. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on April 14, 1980, and a recessed meeting on April 16, 1980, were presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of April 14, 1980, be amended to include the following statement by Commissioner Rosenbaum prior to a vote on Resolution Number 80-12: "As a matter of principle, I should vote "no", but in an effort to bring back lines of communication and with the hope that the Mayor might open up and communicate with all members of the Commission, I will cast my vote, "yes". and that minutes of a recessed meeting on April 16, 1980, be corrected to indicate that a motion approving a contract with Gilbert Garcia was made by Commissioner Horne, and approved as amended and corrected. Voting Aye: All Voting No: None TAX BOARD OF EQUALIZATION: Resolution Number 80-12 was presented to the Commission and read in full: WHEREAS, it is the obligation of the City Commission pursuant to provisions of the City Charter and ordinances heretofore adopted, to appoint members to various Boards; and WHEREAS, the Mayor and members of the City Commission have contacted and interviewed qualified citizens to serve on the Tax Board of Equalization of the City of West University Place, Texas; and WHEREAS, certain persons have indicated a desire and willing- ness to serve as members of the Tax Board of Equalization. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following persons be appointed to serve as members of the Tax Board of Equalization: Charles Gillan Peter Taafe Donald R. Young L ~ n u n u o D I 121 Section 2. That the persons hereby appointed to the Tax Board of Equalization shall serve without compensation. Sectio~ 3. That the persons hereby appotnted to the Tax Board of Equalization shall serve until the appointment and qualifi- cation of their successors. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that Resolution Number 80-12 be approved as read. Motion amended by Commissioner Ahrens, seconded by Commissioner Maneval, that Resolution Number 80-12 be amended to read, Dr. Donald R. Young. Voting on amendment: Voting Aye: All Voting No: None Voting on motion:' Voting Aye: All Voting No: None Mayor Cole administered the Oath of Office to Mr. Charles Gillan as a member of the Tax Board of Equalization. HEARING OF RESIDENTS: Mr. Charles Lubowski,5702 Academy, and a number of residents of that area of the city, appeared before the Commission to request that a traffic light be installed at the intersection of Bissonnet and Academy because of the danger and the number of accidents that have occurred at that location. ;j Mr. Terry Saxton, 4037 Browning, advised that there was at least one accident at that location each week, noting that the majority of the accidents occurred between 4:00 and 6:00 p.m. when motorists ,are going home from work and ,that it was his belief that motorists trying to avoid the Wes~ayan/Bissonnet inter- section and left turns from Bissonnet onto Academy were the largest contribu- tors,to the accidents. Commissioner Horne arrived at the meeting at this time. Mayor Cole advised those in attendance that this intersection had previously been considered for some type correction, however, efforts were complicated by the proximity of the light at Weslayan/Bissonnet and the railroad tracks, together with the fact that Bissonnet was a City of Houston Street. Mayor Cole further advised that another approach would be taken in conjunction with a safe route to school for students and the situation again studied. CONCERNS OF THE CITY COMMISSION: Mayor Cole advised the Commission that he had read an article in the newspaper regarding the City of Houston Tax Department mailing out tax notices and a lettercexplaining, the 100% valuations 'under the provisions of Texas law. Members of the Commission expressed concern with such publicity at the present time and will reconsider this matter at a later date. 122 STANDARD HOUSING CODE APPEAL: Mayor Cole explained that a hearing had been held on an appeal filed by Mr. Vincent Bustamante regarding action taken by the Building Inspector under provisions of the Standard Housing Code, and that this item was on the Commission agenda for formal action. Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the appeal filed by Mr. Vincent Bustamate be denied and the action of the City Administration be upheld. u Voting Aye: Ahrens Cble Horne Rosenbaum Voting No: Maneval City Attorney David Allums arrived at the meeting at this time. REQUEST BY WEST UNIVERSITY ELEMENTARY P.T.A. SAFETY COMMITTEE: City Manager Dick Rockenbaugh advised the Commission that he had received responses from Police Chief Robinson and Director of Public Works Eby regarding items 2 through 5 in- cluded in the request received from the P.T.A. Safety Committee. Mr. Rockenbaugh also stated that he had visited with Mr. Jim Hart who is a resident of West Uni- versity and Director of Parks and Recreation for the City of Houston, noting that Mr. Hart had offered the assistance of his planning staff if the city desired. Mr. Rockenbaugh advised that some of the requests by the P.T.A. group would be in conflict with provisions or the Uniform Traffic Manual but that a study would be continued to determine action that would be possible including a study of certain intersections. o WATER WELL #7: An invoice in the amount of $69,187.50 received from Layne-Western Company and approved by Langford Engineering, Inc. and Director of Public/Works David Eby was submitted for consideration. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the invoice in the ,amount of $69,187.50 received from Layne-Western Company for work completed on water well #7 be approved for payment. Voting Aye: All Voting No: None VACANT LOT MOWING: A schedule of rates to be charged for mowing of vacant lots in accordance with an agreement with Mr. Joel Berry was presented for considera- tion. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that the following rates be established for mowing of vacant lots in accordance with an agreement with Mr. Joel Berry: 100' x 200' - $23.00 per mowing 50' x 100' - $11.50 per mowing Two or more adjoining 50' x 100' per mowing. All other lots will of .001725~ per mowing lots - $9.20 each be cut at the rate Voting Aye: All Voting No: None n n o n 123 WIER & JUDSON PARK TENNIS COURT RE SURFACING: An invoice in the amount of $8,400 submitted by Teni-Trak for re-surfacing of tennis courts at Wier and Judson Parks in accordance with their bid dated November 24, 1979, was presented for consideration. Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the invoice submitted by Teni-Trak in the amount of $8,400 be approved for payment. Voting Aye: All Voting No: None STREET DEPARTMENT CAB & CHASSIS: A request was presented to the Commission to advertise for bids for purchase of a 19,000 g.v.w. cab and chassis for use by the Street Department which was included in the 1980 budget. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that the City Manager be authorized to advertise for 'bids for delivery of a 19,000 g.v.w. cab and chassis for use by the Street Department. Voting Aye: All Voting No: None PUMP FOR SANITARY LANDFILL SITE: A request was presented to the Commission for purchase of a 2" pump to be used as a back-up to the pump,'at the sanitary landfill site. The Commission was advised that Homelite pumps had previously been purchased and a quotation had been received within the $450.00 budgeted amount for such purchase. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that the City Manager be authorized to obtain three quotations for purchase of a pump for use at the sanitary landfill and to purchase the pump with the lowest quotation, and also to advise the Commission of action taken. Voting Aye: All Voting No: None SUPREME COURT RULING ON FEDERAL CIVIL RIGHTS: City Attorney David Allums reviewed a newspaper article regarding:action of the Supreme Court on Federal Civil Rights, noting the lack of immunity by municipalities and the need for caution on the part of elected officials. Mr. Allums reported that he would give further details subsequent to review the case involved. LEGAL MATTERS: Mr. Allums advised the Commission that there was a lot located at Duke and Belmont that had been reported as being rat invested because of the partial demolition of an old structure on the property. Mr. Allums requested that he send a final notice to the property owner and if no response received that the city clean the lot and file a lien against the owner. City Manager Dick Rockenbaugh advised that he and Building Inspector Wayne Perry had been working on this problem and that the final notice had been sent to the owners and that the city would see that the lot was cleaned. STAFF REPORT: Mr. Rockenbaugh distributed copies of the minutes of the Parks and Recreation Board meeting on April 22nd inasmuch as they were not received in time for regular distribution. 124 BOARD, AND COMMITTEE MERTIN(; MTNnTR~' Minutes of the following Board and Committee meetings were presented to the Commission for their information: Electrical Board meeting on March 21, 1980 Parks and Recreation Board meeting on April 8, 1980 ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjoured at 9:00p.m. ~?rl~ Mayor ATTEST: ~.~~ City Secretary n D n u c n 125 ,REGULAR CITY COMMISSION MEETING May 12, 1980 The City Commission convened in regular session at the City Hall on Monday, May 12, 1980,7:30 p.m., with the following members present: Mayor Cole, presiding, Commis- sioners Ahrens, Horne, Maneval and Rosenbaum. The City Manager was also present. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on April 28, 1980, were presented for consideration. Motion by Commissioner Ahrens, .seconded by Commissioner Horne, that minutes of the regular meeting of the City Commission on April 28, 1980, be corrected to show that Commissioner Maneval seconded 'a motion by Commissioner Ahrens to amend Resolution Number 80-12 to show the name Dr. Donald R. Young, and approved as corrected. Voting Aye: All Voting No: None GOOD CITIZENSHIP COMMENDATION: Mayor Cole read the following letter of commendation: Mr. Jim Abell 4031 Rice Boulevard Houston, Texas 77005 I Dear Jim: On behalf of the City Commission and the citizens of West University Place, I would like to take this opportunity to congratulate you on your diligent citizenship which assisted our police in the apprehension of a criminal on April 26, 1980. The actions you took and the interest showed by your actions exemplifies the concern of our.communit.y to provide for a safe, free from fear, atmosphere for our families. Please continue your pursuit of citizen awareness, and by this letter which will be spread upon the minutes of the City Commission, all citizens are urged to participate in keeping our city a safe neighborhood of homes. With sincere appreciation, I am, Yours very truly, James M. Cole, Mayor City of West University Place Mayor Cole presented the letter to Mr. Abell. CHARTER REVISION COMMITTEE: The Commission was.oadvised that Mrs. Sandy Moore had resigned as a member of the Charter Revision Committee and that Mr. Dwayne Loftice had expressed an interest in serving on such Committee. 126 Motion by Commissioner Ahrens, seconded by Commissioner Horne, that Mr. Dwayne Loftice be appointed to serve asa member of the Charter Revision Committee. Voting Aye: All Voting No: None Mayor Cole administered the Oath of Office to Mr. Loftice as a member of the Charter Revision Committee. Motion by Commissioner Horne, secbndedby Commissioner Maneval, that the City Commission accept the resignation of Mrs. Sandy Moore as a member of the Charter Revision Commission. Voting Aye: All Voting No: None City Attorney David Allums arrived at the meeting at this time. HEARING OF RESIDENTS: Mr. Tom Browder, 6352 Buffalo Speedway, stated that he was a member of the Charter Revision Committee and that in such capacity he had dis- covered that the city's Charter had no provisions for Civil Defense. Mr. Browder presented City Attorney David Allums material that he had obtained from the City of Houston and Harris County on requirements of Civil Defense in order that any required ordinance might be prepared for consideratioILof the City Commission. u Mr. W.L.Partridge, 4040 Ruskin, advised the Commission that he still had his usual complaint about dogs running loose and the parking of cars on Ruskin '1Ii','l at Academy making it difficult for MTA buses to negotiate the corner. ~ Mr. Browder requested that the City Commission have the Building Inspector examine the fake brick exterior being used on the Auburn Place townhouse con- struction to determine that it was in compliance with provisions of the build- ingcode. CONCERNS OF THE CITY COMMISSION: Commissioner Horne stated that he was concerned with the condition of the bleachers located on the West University Elementary School grounds after hearing a report of a child being seriously injured in a fall. Mr. Horne requested that the Sports Association be contacted to determine plans of~"the Little League for repairs. Commissioner Horne also stated that he was very impressed with the response of City Manager Dick Rockenbaugh to questions by members of the Commission. Commissioner Rosenbaum stated that she had received a number of complaints re- garding too much chlorine in the swimming pool, noting that some of the parti- cipants on the swimming team planned to quit because of the excessive chlorine. Commissioner Ahrens expressed appreciation fora letter being forwarded to Mr. Jim Waite expressing appreciation for his donation of a storage building on the school grounds and for repairs made to a,water leak at Bissonnet and Edloe by the City of Houston. Mayor Cole stated that May 12th was the National Transportation Day, the week of May 10/16 was Municipal Clerks and Secretaries week and that the week of May 12 1-1 '--J m o n 127 was National Police Week. Mr. Cole also expressed appreciation to the Chief of Police and members of the West University Police Department for a job well done with a minimum amount of controversy. Mayor Cole further stated that in the month of May the City had twelve (12) certificates of deposit totaling $4,065,000 invested at an average daily interest rate of 14.44%. APPOINTMENT OF MUNICIPAL COURT ASSOCIATES: The Commission was advised that in accor- dance with the provisions of the City Charter consideration should be given to the re-appointment of Associate Municipal Court personnel. . Motion by Commissioner Horne, seconded by Commissioner Ahrens, that Michael Schneider and Terry Collins be reappointed Associate Municipal Court Judges and that Thomas Taylor be reappointed Associate Municipal Court Prosecutor for an additional sixty day period. Voting Aye: All Voting No: None MUTUAL AID LAW ENFORCEMENT AGREEMENT: The Commission was advised that a request had been received from the City of Houston Legal Department to include Brazoria County in the mutual aid law enforcement agreement approved by the City Commis- sion on October 8, 1979. . Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Chief of Police Robinson be authorized to execute an amendment to the mutual aid agree- ment with Harris County to include Brazoria County. Voting Aye: All Voting No: None POLICE DEPARTMENT CAPITAL OUTLAY PURCHASES: The Commission was advised that funds were provided in the 1980 budget for the purchase of two police patrol units and two radios, one to be used in a police patrol unit and one to be installed in the vehicle assigned to the Director of Public Works. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City Manager be authorized to advertise for bids for purchase of two police patrol units and two radios. Voting Aye: All Voting No: None FIRE DEPARTMENT DAYROOMCARPET: The Commission was advised that the 1980 budget included funds for the purchase of carpet for installation in the Fire Depart- ment dayroom. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Manager be authorized to advertise for bids for installation of carpet in the Fire Department dayroom. Voting Aye: All Voting No: None REQUEST OF WEST UNIVERSITY ELEMENTARY SCHOOL PTA~ City Manager Dick Rockenbaugh pre- sented the Commission the following response to a request by the Safety Commit- tee of the West University Elementary School PTA for certain, changes to provide a safe school route for studentsi . 128 After careful review of the request submitted by the West University Elementary School Safety Committee, it is my recommendation that the City Commission consider the following information: The Safety Committee has obviously accomplished much by the completing the student survey. However, I think efforts subsequent to the survey should take a somewhat different direction than the requesting of improve- ments based on the survey. The survey information should be used to de- velop a safe school trip plan. The school trip plan should be in consi- deration of existing traffic conditions and traffic controls, since routes should be planned to take advantage of the protection afforded by exist- ing traffic controls. Trips that then cannot be accomodated safely should be evaluated to remedy unsafe conditions. The remedy must be weighed against many factors with some trips, perhaps, being recommended to be made by vehicle arid other trips to have protection at some of the crossings of major thoroughfares. An unbiased and unemotional, objective evaluation is required in all programs such as this. The school trip plan provides each household in the city with a safe routing minimizing crossing of major thoroughfares and taking advantage of available protection of traffic controls and sidewalks. The school and parents participate in the education and training of students. I might mention that at one time, efforts were made to initiate the school trip plan but time and other factors did not allow the successful completion of the pro j ec t. I~ I I I I i I '-------' In the application of traffic. control devices' for school areas, the Manual !i l on Uniform Traffic Control Devices, which West University Place has com- mitted to obeying by ordinance, emphasizes the need for reasonable and L-J standard application of controls and the need for an engineering study of each location as a basis for the application. In addition, it has come to my attention that all school speed zones must be established in accor- dance with the "Texas Uniform Act Regulating Traffic on Highways." Where pedestrian signals are added to existing signalized intersections, the con- tract is currently costing $2,000 tb~$2,500 where'no additional poles are required and existing conduit can accept the additional cables. As you can see, there are a number of considerations to ponder in making a decision on this matter. Based on the data I have collected, I would like to propose the City Commission entertain the thought of discussing a safe school trip plan and the establishment of bike routes with a pro- fessional traffic engineering consultant firm. I think that it would accom- plish a good, thorough, and objective study which could be utilized and would meet all standards and criteria required of the City by appropriate agencies. I will be glad to schedule this item for a future workshop session if you so desire. In the meantime, if I can provide further information please let me know. Following a general conversation regarding location of a mini-basketball court at Colonial Park and the purchase and proposed location of playground equipment, it was the decision of the Commission that this item be scheduled for the next Commission workshop session and included in the Staff Report. .1 ~-.--1 D o n 129 LIBRARY IMPROVEMENTS: The Commission was advised that funds were provided in the 1980 budget for additional shelving at the Library and that such shelves would be of wood or hardwood veneer. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Manager be authorized to advertise for bids for purchase of shelving for the Library. Voting Aye: Cole Horne Maneval Voting No: Ahrens Rosenbaum DATA PROCESSING EQUIPMENT SOFTWARE PROGRAMS: The Commission was presented contracts prepared by Mr. Gilbert Garcia of Systems Design, Laredo, Texas, for a complete general ledger with budgetary, fund accounting software system and a complete tax billing and accounting software system, each in the amount of $4,500.00. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Manager be authorized to execute contracts with Mr. Gilbert Garcia for prepara- tion of general ledger and tax billing software programs. Voting Aye: Cole Horne Maneval Rosenbaum Voting No: Ahrens AUTOMOTIVE EQUIPMENT. FOR DEPARTMENT OF PUBLIC WORKS: The Commission was advised that purchase of an automobile for the Department of Public Works for which funds were included in the 1980 budget would enable such Department to re- allocate certain automotive equipment for better overall utilization. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Manager be authoriied to advertise for bids for delivery of an automobile for the Public Works Department. Voting Aye: All Voting No: None RECORDS. CLERK FOR POLICE DEPARTMENT: The Commission was advised that difficulty had been encountered in the employment of dispatchers for the Police Depart- ment and that it was believed that the employment of a records clerk would relieve a dispatcher of some of the current responsibilities and make such position more attractive to applicants. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Commission authorize the employment of a records clerk for the Police Depart- men t . Voting Aye: Cole Horne Maneval Voting No: Ahrens Rosenbaum EMPLOYMENT OF ADDITIONAL PATROL OFFICER: The Commission was advised that employment of an additional patrol officer would increase police service to residents of the city and would provide for better operation of the department when other officers were ill, on vacation or attending schools. 130 Motion by Commissioner Horne, seconded Commission authorize the employment of the Police Department by Commissioner Rosenbaum, that the City an additional patrol officer to work in Voting Aye: Cole Horne Maneval Rosenbaum Voting No: Ahrens '-, lJ EMPLOYMENT OF POLICE INVESTIGATOR: Motion by Mayor Cole, seconded by Commissioner Horne that discussion on this item be deferred until later in the agenda to permit members of the Commission to review the Police Department monthly report for April. Voting Aye: All Voting No: None WATER WELL AND TRANSMISSION LINE: by Langford Engineering, Inc. well #7 and construction of a consideration. An invoice in the amount of $5,905.96 submitted for services rendered on the drilling of water 12" water transmission line was presented for Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the City Commission approve payment to Langford Engineering, Inc. in the amount of $5,905.96 for services rendered on water well 117 arid the 12" water transmis- sion line. Voting Aye: All Voting No: None u LEGAL MATTERS: City Attorney David Allums reported that he had received a call from former Acting Chief of Police Sonny Fenwick advising that he had been served a summons in connection with a suit filed by former patrol officer Bill Schroeder. Mr. Allums also reported that he had received a copy of the charter review pre- pared by Attorney Bill Olson and that he was pleased with the work accomplished by the Charter Revision Committee at this time. Mr. Allums stated that he had prepared two motions for summary judgment in the suit Bernard Ashys the City. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that he had re- ceived additional information from the Texas Municipal League regarding the meeting of Mayors and Councilmembers to be held in Brownsville. Mr. Rockenbaugh advised the Commission that the next regular meeting of the Commission would be on Memorial Day and it was the decision of the Commission that all members other than Commissioner Horne would be available for the re- gular meeting. Mr. Rockenbaugh reported that he had received a telephone call from Mrs. Susan Christ advising that the Senior Girls' softball team had won second place in a tournament in Denton. U;~~; - ';'{ ~. -"-"'J .; "-'t~ -0" -. n 131 Motion by Commissioner Horne, seconded by be made of the winning softball team with cost of such photograph. Commissioner Ahrens, that a photograph their trophy with the city paying the Voting Aye: All Voting No: None BOARD AND COMMITTEE MINUTES: Minutes of the regular meeting of the Plumbing Board on April 28, 1980 were presented to the Commission for their information. EMPLOYMENT OF POLICE INVESTIGATOR: The Commission was advised that with only one investigator many times police 'officers have to take reports and spend what time they can on investigations thereby taking them off patrol duty, and that the employment of a second investigator would enable the Police Department to make investigations when the need arose. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Commission authorize the employment of an additional investigator for work in the Police Department. Voting Aye: Cole Horne Maneval Voting No: Ahrens Rosenbaum ADJOURNMENT: With no further business to come before the Commission at this time upon motion duly made, seconded and carried, the meeting adjourned at 9:00 p.m. ~:?n~ ATTEST: ~~~ City Secretary 132 REGULAR CITY COMMISSION MEETING .May 26, 1980 The City Commission convened in regular session at the City Hall on Monday, May 26, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding, Commis- sioners Maneval and Rosenbaum. The City Manager was also present. Commissioners Ahrens and Horne, as well as City Attorney Allums, were absent. The Invocation was pronounced by Commissioner Maneval. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on May 12, 1980, were presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of the City Commission on May 12, 1980, be approved as submitted. Voting Aye: All Voting No: None TAX BOARD OF EQUALIZATION: Mayor Cole advised that inasmuch as Mr. Peter Taaffe Dr. Donald Young had not been in attendance at the meeting when appointed to serve as members of the Tax Board of Equalization for the year 1980, the Oath of Office would be administered at this time. Mayor Cole administered the Oath of Office to Mr. Peter Taaffe and Dr. Donald Young as members of the Tax Board of Equalization. COUNCIL ON AGING: Inasmuch as Mrs. Jewelle Ketchbau was not in attendance, this item was deferred. HEARING OF 'RESIDENTS: None of the residents in attendance at the meeting had matters to discuss with the City Commission. CONCERNS OF THE CITY COMMISSION:, Commissioner Rosenbaum expressed her concern with a water leak on Marlowe Street, noting that it had been repaired a number of times and was still leaking. Mayor Cole noted that there was a sewer leak on Sunset, and requested that the line be jetted out until corrections are made. SCHOOL TRIP SAFETY PLAN: The Commission was advised that the Office of Traffic Safety would conduct a school trip safety plan for the city at no cost. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the City Commission authorize the preparation of a school trip safety plan by the Office of Traffic Safety. Voting Aye: All Voting No: None STREET DEPARTMENT CAB AND CHASSIS: In accordance with previous action of the City Commission, bids received for delivery of one 19,000 g.v.w. cab and chassis for u and o u 133 use by the Street Department were operted and results announced as follows: n Bidder Base Bid Trade-In Net Bid Delivery A. J. Foyt 10,993.25 200.00 10,793.25 ?? Joe Myers Ford 12,142.37 325.00 11,817.37 90 days South Loop Ford 11,759.84 900.00 10,859.84 8/10 weeks Westway Ford 9,585.00 600.00 8,985.00 6/8 weeks Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that hids received for delivery of one cab and chassis be referred to the City Manager and his staff for review and recommendation. Voting Aye: All Voting No: None City Attorney David Allums arrived at the meeting at this time. WATER WELL AND TRANSMISSION LINE: The Commission was presented an invoice in the amount of $1,578.79 submitted by Langford Engineering, Inc. for professional services rendered for the drilling of water well #7 and construction of a 12" water transmission line. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that the City Commission approve for payment an invoice in the amount of $1,578.79 sub- mitted by Langford Engineering, Inc. o Voting Aye: All Voting No: None INSPECTION BY THE TEXAS DEPARTMENT OF HEALTH: The Commission was presented an in- voice in the amount of $2,750.00 submitted by Water Tank Service Company for inspections made to the two overhead water storage tanks and repairs made to ground reservoirs in compliance with requirements of the Texas Department of Health. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that the City Commission approve for payment an invoice from Water Tank Service Company in the amount of $2,750.00. Voting Aye: All Voting No: None POLICE DEPARTMENT REMODELING: The Commission was presented an invoice in the amount of $414.42 as final payment to Forest W. McNeir & Son for remodeling work per- formed in the Police Department area. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the City Commission approve for payment an invoice from ForestW. McNeir & Son in the amount of $414.42. Voting Aye: All Voting No: None u COUNCIL ON AGING: Mayor Cole announced that inasmuch as Mrs. Jewelle Ketchbau had arrived at the meeting he would administer the Oath of Office as a member of the Council on Aging. Mayor Cole administered the Oath of Office to Mrs. Ketchbau. 134 MUNICIPAL EMPLOYEE COMPENSATION PLAN: Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that consideration of this item be recessed until Wednesday, May 28, 1980, for consideration by all members of the City Com- mission. Voting Aye: All u Voting No: None MOSOUITO INSECTICTDE AGREF.MENT' Members of the C0mmission were presented copies of an agreement between Harris County and the city whereby purchases of insecticide in bulk quantities may be made through the Mosquito Control District. It was explained to the Commission that such an agreement had been to the city's advantage last year inasmuch as Harris County purchases insecticide in bulk quantitites at relatively low prices and execution of the agreement will permit the city to purchase only insecticide required in its mosquito control program. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that Mayor Cole be authorized to execute an agreement with Harris County for the purchase of insecticide. Voting Aye: All Voting No: None Commissioner Ahrens arrived at the meeting at this time. LEGAL MATTERS: City Attorney David Allums advised that the City of Houston was still pursuing its suit against the Harris County Tax Appraisal District; that he was working on the Ash vs City of West University Suit and that the suit filed by U former police officer William Schroeder was still pending. I : Mr. Allums advised that he had reviewed the Tax Appraisal form and that in his opinion the information requested was for such group's budget request. City Manager Richard Rockenbaugh was instructed to answer the questionnaire in a most conservative manner. STAFF REPORT:., City Manager Richard Rockenbaugh advised the Commission that Channel BIs Live at Five program would be telecast from the WUP Swimming Pool at 5:00 p.m. Mr. Rockenbaugh also advised that a request from Entex for a rate increase would be included on an upcoming workshop agenda. CONCERNS OF CITY COMMISSION: Commissioner Ahrens advised that he had received a call from a resident who would like.to lend the city an antique clock to be put in one of the public rooms of the City Hall, and would also like to purchase, at his expense, a clock for mounting on the City Hall. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting recessed at 8:30 p.m. until Wednesday, May 28, 1980. ~r1Jt ~ u ATTEST: ~~ City Secretary 135 [ CITY COMMISSION RECESSED MEETING May 28, 1980 The City Commission convened in recesses session at the City Hall on ,Wednesday, May 28, 1980, 7: 00 p.m., with the following members present: Mayor Cole, pre- siding; Commissioners Ahrens, Maneval and Rosenbaum. The City Manager was also present. ,Commissioner Horne was out of the city. Mayor Cole announced that the purpose of the meeting was to consider an amended Municipal Employees' Compensation Plan that had been deferred from the regular meeting of the Commission on Monday, May 26, 1980. City Manager Richard Rockenbaugh presented the amended compensation plan, noting that over-all the plan had been adjusted by approximately 1% whereas the compen- sation plan for public safety employees had been amended by approximately 7%. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the City Commission accept the amended Municipal Employees' Compensation Plan as proposed by the City Manager. Voting Aye: All Voting No: None Mr. Rockenbaugh presented the following schedule showing 1980 budget total per- sonnel expense: m General Health Water/Sewer Fund Fund Fund 1980 BUDGET-TOTAL PERSONNEL EXPENSE $ 1,992,831 $ 34,236 $ 262,011 Projected Expense First Half 1980 883,1:1'.2 12,652 120,056 Projected Expense Second Half 1980 931,929 12,711 117,776 New Salaries Second Half 1980 45,000 7,000 -0- (Personnel Clerk, Purchasing Agent, Police Officer, Records Clerk) Total Projected 1980 Expense Before July 1st Merit Raises 1,860,041 32,363 232,832 1980 Budget Balance Available 132,790 1,873 29,179 Less Maximum "Related" Expense to cover payroll related items - 24,831 387 7,404 (Court time, Over time, Holiday Pay, Social Security, Retirement, Workmen's Compensation) 1980 Budget balance available - for base salary increases from 107,959 1,486 21,775 U July 1st merit reviews Less Average 5% merit raises for second half 1980 - -46,596 633 5,889 1980 Budget Balance - Year End 58,363 853 15,886 --------~----------------------------------------------------------------------------- 1'36 New Semi-Annual Expense - (Including raises) 1,048,356 New Annual Expense 2,096,712 Annualized Increase Over 1980 Budget 5.21% 20,791 41,582 21. 45% Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that Manager use 3%, or $31,870, from all three funds for salary increases city employees. Voting Aye: Ahrens Maneval Rosenbaum ,> 131,069 262,138 rl ~ 0.04% the City for all Voting No: Cole With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:30 p.m. ATTEST: ~~ City Secretary ~Z1M o u 137 REGULAR CITY COMMISSION MEETING June 9, 1980 The City Commission convened in regular session at the City Hall on Monday, June 9, 1980, 7: 30 p.m., with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City Manager were also present. The Invocation was pronounced by Commissioner Rosenbaum. CITY COMMISSION MINUTES: Minutes of. the regular meeting of the City Commission on May 26, 1980, and a recessed meeting on May 28, 1980, were presented for con- sideration. Motion by Commissioner Rosenbaum, seconded by Commissioner .Maneval, that minutes of the regular meeting of the City Commission on May 26, 1980, and a recessed meeting of May 28, 1980, be approved as submitted. Voting Aye: All Voting No: None CITIZEN PRESENTATION: Mrs. Ruth Snoble, 6336 Buffalo Speedway, presented Mayor Cole the 1928 bronze dedication plaque which had been removed from the city's original City Hall when it was demolished in 1954 for the construction of the present City Hall. Mrs. Snoble noted that she had the plaque mounted on the wall of the den of her home for many years, but inasmuch as she had sold her home she wanted to present the plaque to the city. Mayor Cole expressed appreciation on behalf of the City Commission and citizens of West University for Mrs. Snoble's gift. HEARING OF RESIDENTS: Mr.W. L.partridge, 4040 Ruskin, repeated his request that something should be done about the number of dogs in the city. Mr. Partridge also stated his displeasure with the erection of a "No Parking" sign in front of his neighbor's <residence. The City Manager was requested to investigate the height and location of the sign to assure it's compliance with the provision of the Uniform Traffmc Manual and to further investigate removal of the sign upon a route change by the Metropoli- tan Transit Authority. Mr. G. Tom Browder, 6352 Buffalo Speedway, was advised by City Attorney David Allums that he had not had an opportunity to review the material furnished on emergency operation plans.developed by Harris County. Mr. Allums suggested that he and Mr. Browder meet at a mutually convenient time to review current provisions the city has for civil defense requirements. [ Mr. Dwayne Loftice, 4037 Marquette, advised the Commission that he wanted to ex- press his personal appreciation to members of the Police Department for the calm, thorough manner in which they investigated a problem of a very sensitive nature. CONCERNS OF THE CITY COMMISSION: Commissioner Horne advised that he had received a call from a citizen who jogs on Rutgers Street expressing concern for th~ street at the site of the Rutgers Place townhouse development. Mr. Horne noted that it appeared that the base of the street might, be in jeopardy. L-,?,~, --'~-'''~---''-5' 138 Mayor Cole noted that there was also a problem on Rutgers Street at Robinhood and at Nottingham. Commissioner Rosenbaum stated that a fire hydrant located at Academy and Arnold had been leaking for quite sometime. ~ Commissioner Maneval advised that he shared the concern of Mr. Partridge with so many dogs running loose and that he would like to encourage everyone to obey the city's leash law. Commissioner Ahrens requested information regarding knowing when MTA might change the route of the University bus and was advised that MTA would be called to check. Commissioner Ahrens repeated an earlier concern about the scheduling of adult softball leagues during a time when fields are needed for practice by the Little League and youth programs to prepare for tournament play. Following further discussion regarding usage of the fields and the need for an early resolution of the problem, it was the decision of the Commission to schedule this item for a workshop session to provide the Commission an opportunity to arrive at a policy decision. Commissioner Ahrens expressed his concern with the lack of activity by the Parks Fund~ari.d -'wasadvise'dc,tha t:the:::&rigiiial;tllree,member'F1.ind' 'had 'to accept orre- ject recommendations of the Commission for appointment to the Board of Trustees prior to any additional action being taken by the city. ~ Commissioner Ahrens stated that he was also concerned about the Long Range Plan~ ning Committee inasmuch as no formal meeting had been held and members of the Committee had expressed concern because the chairman had not scheduled a meeting. Mayor Cole stated that he would address a letter to the Chairman of the Long Range Planning Committee. Commissioner Ahrens was advised that the Office of Traffic Safety had been ad- vised to proceed on the development of a Safe Trip plan but that no other information was available at this time. In response to a question from Commissioner Ahrens regarding the long range plan for'replacement of sidewalks and sewers, it was the decision of the Commission that this item be included on a workshop agenda. City Manager Dick Rockenbaugh stated that some discussion had been held regard- ing members of the Fire Department constructing atrophyccase,but that nothing definite had been decided. CHARTER REVISION COMMITTEE REPORT: Mr. Jim McLaughlin, Chairman, Charter Revision Committee, appeared before the Commission to present such Committee's report and recommendation following its study of the provisions of the present City Charter. Mr. McLaughlin reviewed the report noting the findings of the Committee includ- ~...i!II""'" ing the length and poor organization of the present charter; provision in con- . flict with constitutions of the State of Texas and United States; the age of the present charter; lack of conformity to provisions of the present charter; and the difficulty of understanding. Ll O. , , n 139 Mr. McLaughlin reported that it was the unanimous recommendation of the Committee that the City Commission call an election to permit the voters to determine whether or not the charter should be re-written and to elect a Charter Committee. It was further determined that in the event the charter is re-written it should be submitted for a vote by residents of West Univer- sity at a time other than an election of city officials to prea1ude any political interference with such election. Mayor Cole expressed appreciation to members of the Committee for their work and stated that the report would be considered at a workshop meeting of the Commission on Monday, June 16th. PARKS AND RECREATION BOARD RECOMMENDATIONS: Mr. Alex Pancheri, Chairman, Parks and Recreation Board, presented such board's recommendation for improvements at Judson Park, as follows: We, the members of the Parks and Recreation Board, after studying the issue of Judson Park improvements and discussing with the Judson Park Action Committee their plans, have several recommenda- tions to make to the City Commission: We recommend that: 1) The mini-basketball court planned for Judson Park be dropped. 2) The Commission transfer the monies allocated for the court to the monies allocated for playground equipment. 3) They allow the Parks and Recreation Board to begin work immediately on equipment renovation, working with the Judson Park Action Committee. 4) The money allocated for playground equipment be used also to fence part of Judson Park. AfteLdiscussing~ideas wi,th, the Judson Park Action",Committee;, we -agree with them that Judson is the only park with a green space large enough for some ball playing, frisbee throwing, etc. We see no need to re- duce this space with a basketball court. Colonial Parks is c1ose':"by, a matter of blocks, and it will soon (hopefully) have a basketball court for use. With the completion of Colonial Park, three of the four parks in West University will contain multi-purpose basketball courts. Judson need not have one. We feel now that the greatest need is in the relocation of playground equipment, the updating of it, the repair of the water fountain, and the fencing of the south side of the park. Please act as soon as possible and advise us so that we may begin work. Mr. Pancheri also presented the Commission a tabulation of a survey made by members of the Judson Park Action Committee of residents near the park, regarding desired improvements, including new playground equipment, repair of the water fountain, beautification of the park, etc. 140 Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that action of the Commission designating. funds for the construction of a mini- basketball court at Judson Park be rescinded. Voting Aye: All Voting No:. None Motion by Commissioner Horne, seconded by Commissioner Maneval, that recom- mendations of the Parks and Recreation Board contained in its report of June 9, 1980, be accepted by the City Commission and plans for implementation of items one (1) through four (4) be included em the agenda for the next regular meeting of the City Commission. Voting Aye: All Voting No: None Mr. Pancheri presented the Commission plans for the location of a mini-basketball court (50' x 70') at Colonial Park 10' north of the original location planned with a 5' apron around it. He advised that construction of the court would in- clude the installation of ground sockets to permit use of the court for volley ball. Mr. Pancheri stated that consideration of additional playground equipment at Colonial Park would be on the Board's meeting agenda for June 10th. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that considera- tion of the mini-basketball court at Colonial be included with information re- garding additional playground equipment. Voting Aye: All Voting No: None Mr. Pancheri stated that complalntshavebeen received from the resident who lives east of the park about broken windows and that the Parks and Recreation Board plans to recommend the constructi?n of a fence on the east perimeter of the park be included in the 1981 budget. PARKS AND RECREATION MONTH: Mayor Cole read the following Proclamation designating June as Parks and Recreation Month: WHEREAS, our city's greatest asset is the welfare and health of its people; and WHEREA$, the City of West University Place is dedicated to con- serving, preserving and developing safe parks and recreational facilities for its residents; and WHEREAS, all residents, young and old alike, are urged to use the city parks and take advantage of its recreational programs. NOW, THEREFORE, I, James W. Cole, by virtue of the authority vested in me as Mayor of the City of.West University Place, in the State of Texas, do hereby proclaim the month of June, 1980, as PARKS AND RECREATION MONTH in the City of West University Place~ Texas, and urge all citizens to support all parks and recreational activities. U,;,c , . :i n " m 141. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of West University Place, Texas, to be affixed at West University this 9th day of June, 1980. Motion by Commissioner Ahrens, seconded by Commissi@ner Horne, that the Proclamation be amended to show, "WHEREAS, all residents, of all ages, are urged to use the city parks and take advantage of its recreational programs." Voting Aye: All Voting No: None AUTOMOTIVE BIDS: In accordance with previous action of the City Commission bids re- ceived for delivery of two (2) police patrol units and one (1) sedan for use of the Department of Public Works were opened and results announced as follows: Bidder Unit 1 Unit 2 Unit 3 Base Bid 7,784.45 7,784.45 6,689.39 Trade-In 1,600.00 1,600.00 500.00 Net Bid 6,184.45 6,184.45 6,189.39 Base Bid 7,477.26 7,477.26 6,529.72 Trade-In 900.00 1,050.00 450.00 Net Bid 6,577.26 6.427.26 6,0'].9.72 Base Bid 6,598.54 Trade-In 450.00 Net Bid 6,148.54 Jimmie Green Chevrolet Bob Robertson Chevrolet Bob Robertson (Alternate) Motion by Commissioner Horne, seconded by Commissioner Maneval, that bids received for delivery of three automotive units be referred to the administrative staff for evaluation with a recommendation for purchase to be presented to the Commis- sion at its next regular meeting on June 23, 1980. Voting Aye: All Voting No: None Commissioner Ahrens requested that each bidder be requested to, furnish, it). writing, the exact year model on which their bid was based. RADIO EOUIPMENT: Bids received for delivery of one high-band radio for use of the Police Department and one low-band radio for use of the Public Works Department were opened and results announced as follows: General Electric UHF Unit VHF Unit $1,115.00 861.00 Motorola UHF Unit VHF Unit $1,863.00 1,350.00 The Commission was also presented a letter received from the Houston-Galveston Area Council quoting a price of $1,466.72 for delivery of a Motorola UHF unit and $1,099.53 for delivery of a Motorola VHF unit under the provisions of a bid contract between HGAC and various manufactu{ers. H-_ l' .I,~_ 1_ l~~ 142 Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that bids re- ceived for delivery of one UHF mobile radio and one VHF mobile radio be re- Ui ferred to the administrative staff, withUa recommendation for purchase to be presented to the Commission at its next regular meeting on June 23rd, and that such recommendation include additional information from HGAC regarding prices foruGE radios and other makes. Voting Aye: All Voting No: None LIBRARY SHELF UNITS~ Bids received for delivery of five (5) library shelf units were opened and results announced as follows: Highsmith Company Brodart, Inc. (AI terna t,e Bid) LaGallerie $1,179:.11 1,000.00 1,237.00 2,551. 78 Motion by Commissioner Ahrens, seconded by Commissioner Horne, that bids re- ceived for delivery of five (5) library shelf units be referred to the Adminis- trative staff for evaluation, with a recommendation to be presented to the Commission at its next regular meeting on June 23, 1980, with concurrence by the librarian. Voting Aye: All Voting No: None FIRE DEPARTEMNT CARPET: In accordance with previous action of the City Commission bids received for the installation of approximately seventy (70) square yards of carpet in the Fire Department dayroom were opened and results announced as follows: Carpet World (Alternate bid) La Gallerie Wal-Con Floors $ 903.00 794.50 1,161.22 1,495.00 Motion by Commissioner Maneval, seconded by Commissioner Horne, that bids received for installation of approximately seventy (70) square yards of carpet in the Fire Department dayroom be referred to the Administrative staff for evaluation, with a recommendation for purchase to be presented to the City Commission at its next regular meeting on June 23, 1980. Voting Aye: All Voting No: None POLICE PATROL UNITS: The Commission was advised that two police patrol units ordered in December, 1979, had been received nad placed in service and an invoice in the amount of $6,077.26 for each unit received from Bob Robertson Chevrolet. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City Commission authorize payment of $12,154.52 to Bob Robertson Chevrolet for de- livery of two police patrol units. Voting Aye: All Voting No: None [J u n: , ' , .~ o n 143 STREET DEPARTMENT CAB & CHASSIS: A recommendation was presented to the Commission to award a bid for delivery of a 19,000 G.V.W. cab and chassis for the Street Department to Westway Ford on their low bid of $8,985.00. Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the City Commission accept the recommendation of the Administrative staff and a 19,000 g.v.w. cab and chassis be purchased from Westway Ford on their low bid of $8,985.00. Voting Aye: All Voting No: None SANITATION DEPARTMENT CAB AND CHASSIS: The Commission was advised that two cab and chassis units and two packer bodies ordered in December, 1980 had been delivered and that a problem had developed in one packer body and one of the cabs. However, both have now been repaired and the truck placed in service. An invoice in the amount of $34,260.00 was presented from Port City Ford for delivery of the cab and chassis units and an invoice in the amount of $21,640.00 from Astro Trucks for delivery of the packer bodies were presented for consid- eration. Motion by Commissioner Rosenbaum, that the sum of ten percent (10%) be withheld from invoice for a period of thirty (30) days to assure that both units were operable. Motion died for lack of a second. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City Commission authorize payment of $34,260.00 to Port City Ford and payment of $21,640.00 to Astro Trucks. Voting Aye: Ahrens Horne Maneval Voting No: Cole Rosenbaum SANITARY LANDFILL TRENCHING: The Commission was presented the following quotations for approximately 700' Of trenching at the sanitary landfill: Holland Construction Company .829 per cubic yard, plus approximately $3,000 move-in, move-out Star Concrete 1.75 per cubic yard, plus $1,400 move-in, move-out Precission Grading 1.40 per cubic yard, plus $2,000 move~in, move-out N.M. Brown 1.35 cubic yard, flat fee Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Holland Construction Company be employed forcapproximately 700' of trenching at the sanitary landfill at their quoted price of .82 per cubic yard, plus and approxi- mate $3,000 move-in, move-out charge. Voting Aye: All Voting No: None , I ',,.,,,,,,,. 144 CONSTRUCTION OF WATER WELL #7: Estimates Number 3 and Number 4 submitted by Layne- Western Company for work completed to date on the drilling of water well #7 were I:, 1 presented for consideration. It was noted that there was no amount due on esti- mate number 3 inasmuch as it covered the period while the contractor was awaiting delivery of the pump for the well. ~ Motion by Commissioner Maneval; seconded by Commissioner Rosenbaum, that the City Commission approve Estimate #3 and Estimate #4 and authorize payment of Estimate #4 in the amount of $59,553.00.- Voting Aye: All Voting No: None CITY OF WEST UNIVERSITY ORGANIZATIONAl, c'HAR'I" Ordinance Number 1154 was presented to the Commission and read in full: AN ORDINANCE AMENDING SECTION 2-32 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR THE CREATION OF A DEPARTMENT OF PERSONNEL AND PURCHASING; CREATING APPROPRIATE DEPARTMENT HEAD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City Commission to establish a department to be known as the Department of Personnel and Purchasing; and WHEREAS, the addition of another department requires a new organi- zational plan designating the chain of command. NOW, THEREFORE, BE IT ORDAINED~Y THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Cl Section 1. That Section 2-32 of the Code of Ordinances of the City of West University Place, Texas, be amended so that hereafter said Section 2-32 shall read as follows: "Section 2-32. That several single function departments shall be reorganized into seven (7) multi-function depart- ments. That these departments shall be identified as the Depart- ment of Public Works, Department of Community Services, Police Department, Fire Department, Department of Housing and Community Development, Department of Finance and Operations and Department of Personnel and Purchasing. U, :,:" '. n n 145 Section 3. That this ordinance shall take effect and be in force from and after June 9~ 1980. PASSED AND APPROVED this day of ~ 1980. Motion by Commissioner Maneval~seconded by Commissioner Horne~ that Ordinance Number 1154 be approved as read. Voting Aye: All Voting No: None PERSONNEL POLICY AND PROCEDURE MANUAL: OrdinaIice Number 1155 was presented to the Commission and read in full: AN ORDINANCE AMENDING ORDINANCE NUMBER 1133 BY AMENDING CERTAIN SECTIONS OF THE PERSONNEL POLICIES AND PROCEDURE MANUAL OF THE CITY OF WEST UNIVERSITY PLACE TO PROVIDE FOR CERTAIN CHANGES DESIRED BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS~ a Personnel Policy and Procedure Manual was heretofore adopted by the City Commission on Jaunary 22~ 1979; and WHEREAS, it is the desire of the City Commission to make certain changes in the hereinbefore mentioned Personnel Policy and Procedure Manual. NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. 'That the attached "Exhibit A" setting forth changes desired in the prreviously adopted Personnel Policy and Procedure Manual is made a part hereof for all purposes the same as if it were copied in full herein, is hereby approved and adopted by the City Commission of the City of West University Place, Texas. Section 2. That this ordinance shall take effect and be in force from and after its passage and approval as required by law. PASSED AND APPROVED this day of ~ 1980. Motion by Commissioner Ahrens, ' seconded by Commissioner Maneval, that Exhibit "A" to Ordinance Number 1155 be amended to add "Director of Community Service to Section B(a) (6). Voting Aye: All Voting No: None Motion by Commissioner Horne~ seconded by Commissioner Ahrens~ that Ordinance No. 1155 be approved as read and amended. Voting Aye: All Voting No: None AIR CONDITIONING UNIT FOR HUMANE OFFICER'S PATROL UNIT: The Commission was advised that a check had been made with a representative of the air conditioning firm who had quoted a price for installation of an air conditioning unit in the patrol 146 unit drive by the Humane Officer and it was learned that the installation of a heavy duty fan permitted installation in a unit with a standard radiator and no problems had ever been encountered with such installations. There was no recommendation from the City Commission regarding the purchase of an air conditioning unit for installation in the Humane Officer's patrol unit. LEGAL MATTERS: City Attorney David Allums stated that the Junge had approved a motion for summary judgement in the suit Ash vs City of West University. Mr. Allums also stated that an extension of time had been granted in the Schroeder suit and that an answer would be filed by Vincent, Eikins. CITY MANAGER'S REPORT: City Manager Richard Rockenbaugh advised that he had no further items for consideration by the Commission at this time. BOARD AND COMMITTEE MEETING MINUTES: Minutes of the following board and committee meetings were presented to the Commission for their information: a) Parks and Recreation Board meeting on May 27, 1980 b) Electrical Board meeting on May 19,1980 c) Plumbing Board meeting on May 19, 1980 d) Zoning Board of Adjustment meeting on May 21, 1980 ADJOURNMENT: WIth no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 10:30 p.m. ~y7fl ~ ATTEST: ~,,~ ~~ City Secr~tary , 1 , ~ i -1 1~1 L n lJ o n 147 REGULAR CITY COMMISSION MEETING June 25, 1980 The City Commission convened in regular session on Wednesday, June 25,1980,7:30 p.m., inasmuch as there was not a quorum available for the meeting posted for Monday, June 23, 1980. The following members were present: Mayor Cole, presiding; Commissioners Horne, Maneval and Rosenbaum. The City Attorney and City Manager were also present. The Invocation was pronQunced by Mayor\C61e. CITY COMMISSION MINUTES: Minutes of, the regular meeting of the City Commission on Monday, June 9, 1980; were presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of the City Commission on June 9, 1980, be approved as sub- mitted. Voting Aye: All Voting No: None HEARING OF RESIDENTS: ,Mr. Dan Doughty, 3840 Byron, appeared before the Commission to determine the~city's policy for after hours parties at Colonial Park swimming pool. Mr. Doughty advised the Commission of events that had happened when he attempted to schedule an after-hours party for members ofa West University Little League team, noting a conversation with the City Manager as well as the pool manager and his dissatisfaction with a policy which-had been established by a city employee rather than members of the City Commission. City Manager stated that subsequent to his conversation with Mr. Doughty he had requested that Director 'of Community Services Tom Carson call Mr. Doughty and work out the situation. Mr. Rockenbaugh further stated that he was unaware of any policy that had been established regarding after-hours parties. Mr. Rocken- baugh explained that in the day~to-day operation of any city department it becomes necessary for the Department Head to establish policies, however, it would be his recommendation that policies for operation of a city facility such as the pool be established by the City Commission. Commissioner Ahrens arrived at this time. Commissioner Horne requested that Mr. Rockenbaugh be given an opportunity to explore the events that had taken place and get back with Mr. Doughty. Mr. James Jones, 3916 Arnold, appeared before the Commission to express his con- cern with the inability of citizens so desiring to construct fences eight (8') feet in height. Mr. Jones noted that he had spoken personally with each members of the Commission and would request that they hold a vote to return to the provi- sions of a prior ordinance permitting construction of eight (8') foot fences. Mr. Jones stated that he had secured a petition with over two hundred signatures and only fifteen or twenty people contacted ,had any objections to eight foot fences. Mrs. Mary Jane Orsburn, 5910 Fordham, stated that she believed the Commission should permit the construction of eight. foot fences where necessary to shield a homeowner's view of unsightly residences. .~~ ~, 148 Mrs. Joann Jones, 3916 Arnold, stated that it was her belief that the City Commission should make a provision for the construction of eight foot fences i-' where desired, or at least provide an appeal process by which individual ! residents could make their needs known and considered. I L.J When questioned by Mr. Jones regarding his promise to appoint a committee to investigate the question of fence heights, Mayor Cole, reviewed the problems facing the Commission which resulted in a request to members of the Zoning and Planning Commission and the Zoning Board of Adjustment for assistance. Mayor Cole advised those in attendance that consideration was being given to the placing of a "straw vote" on the August 9th election ballot to determine the over-all citizen feeling regarding the height of fences permitted in the city. Mr. Tom Beard, 5919 Fordham, requested that consideration be given to the construction of seven foot feences as an alternative in the "straw vote". CONCERNS OF THE CITY COMMISSION: Commssioner Rosenbaum expressed her concern with a complaint by a citizen in the 4200 block of Dartmouth regarding an automobile on blocks, excessive street parking making it impossible for her to park in front of her residence and an apparent lack of patrol on the part of the Police Department. Commissioner Rosenbaum also questioned actions of members of the Police Depart- ment when a complaint was received about soliciting within the city. Commssioner Ahrens requested that better supervision at the swimming pool to II~I determine who had paid the necessary fee and those who had not paid. L DEPUTY MUNICIPAL COURT CLERKS:. Resolution Number 80-13 was presented to the Commission and read in full: WHEREAS, Jan Garrett and Linda Bale, employed as Police Dispatchers and appointed Deputy Clerks of the Municipal Court of the City of West University Place, have resigned their positions with the city; and WHEREAS, Rebecca Young, employed as Police Dispatcher and appointed Deputy Clerk of the Municipal Court of the City of West University Place, has been re-assigned duties as a Police Officer; and WHEREAS, Pamela Seward has been employed to fill a newly created position as Records Clerk, and is qualified to serve as Deputy Clerk of the Municipal Court; and WHEREAS, Mark Kirk, Marilyn Biggs and Joel Castaneda, III, have been employed as Police Dispatchers and are qualified to serve as Deputy Clerks of the Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS. Section 1. That Pamela Seward, Mark Kirk, Marilyn Biggs and Joel Castaneda, III, be, and they are hereby appointed, Deputy Clerks of the Municipal Court of the City of West University Place, Texas. lJ u c n 149 Section 2. That the appointment of Pamela Seward, Mark Kirk, Marilyn Biggs and Joel Castaneda, IiI ,asDepu~y Clerks of the ,Municipal Cnurt of the City of West University Place, Texas, shall be effective with the passage, of this Resolution and that, they shall assume the assigned duties of Deputy Clerk after having been administered the proper Oath of Office. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that Resolution Number 80-13 be approved as read. Voting Aye: All Voting No: None SPECIAL CITY ELECTION: Ordinance Number 1156 was presented to the Commission and read in full: AN ORDINANCE CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ALLOWING THE VOTERS OF" THE CITY OF WEST UNIVERSITY PLACE, TEXAS, TO ANSWER THE PROPOSITION, "SHALL A COMMIS- SION BE CHOSEN TO FRAME A NEW CHARTER?"; PROVIDING FOR THE ELECTION OF A COMMISSION; PROVIDING FOR THE HOLDING OF SUCH ELECTION ON THE NINTH DAY OF AUGUST, 1980; PROVIDING FOR THE HOURS OF SAID ELECTION; PROVIDING FOR THE POLLING PLACES AND THE OFFICERS OF SAID ELECTION; PROVIDING FOR ABSENTEE VOTING; AND PROVIDING FOR NOTICE OF SAID ELECTION BY POSTING AND PUBLICATION. WHEREAS, the City Comrilission of the City of West University Place, Texas, has determined that it would be in the best interest of the City to seek the election of a Charter Commission; and WHEREAS, the City Commission is of theop1n10n that a special election should be called for the purpose of allowing the voters to determine whether a Commission should be chosen to frame a new charter and elect a Charter Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That a special election shall be held in the City of West University Place, Texas, on the 9th day of August, 1980, at which election there shall be submitted to the qualified voters of West Univer- sity Place, who reside within the corporate limits of said City, the following proposition, to-wit: PROPOSITION 1 SHALL A COMMISSION BE CHOSEN TO FRAME A NEW CHARTER? Provided that a majority of the qualified voters ',vo,t,~Jlg on the above proposition shall have voted in the affirmative there shall be elected a Charter Commission composed of fifteen member,s.. Regardless of whether you have voted "FOR" or "AGAINST" or hayenotvotedat all on the above proposition, you are en- titled to vote for fifteen, but no more than fifteen, candidates for the Charter Commission. 150 Section 2. The hours during which the polls will be open for voting in said election shall be from seven o'clQck a.m. to seven o'clock p.m. Section 3. Voting shall be at the following respectively ~ designated polling places in each of the following numbered Harris County Voting Precincts in the City of West University Place hereto- fore established and described by natural or artifical boundaries or survey lines by order adopted by the Commissioner's Court of Harris County and duly setout in its minutes. The following named persons are hereby appointed officers to conduct said election in the said election precincts, respectively. The presiding judge for each election precinct shall appoint not less than two election clerks to serve at the polling place under his juris- diction. Section 4. It is hereby determined by the City Commission that voting on the day of said election shall be by the use of voting machines, that absentee voting shall be by use of paper ballots and that the ballots of said election shall conform to the requirements of the Texas Election Code and shall have printed thereon in Engl~sh and Spanish the following: OFFICIAL_BALLOT u Each voter desiring to vote in favor of the proposition shall pull the lever beside the word "FOR". Each voter n o u 151 desiring to vote against the proposition shall pull the lever beside the word "AGAINST". PROPOSITION () FOR ( AGAINST "SHALL A COMMISSION BE CHOSEN TO FRAME A NEW CHARTER?" INSTRUCTIONS: Provided that a majority of the qualified voters, voting on the above question, shall have voted in the affirmative, there shall be elected a Charter Commission composed of fifteen (15) members. Regardless of whether you have voted "FOR" or "AGAINST" or have not voted at all on the above question, you are entitled to vote for fifteen (15), but no more than fifteen, candidates for the Charter Commission~ Vote for the candidates of your choice by pulling the lever beside the candidate's name. THE TOTAL NUMBER OF CANDIDATES YOU HAVE VOTED FOR MUST NOT EXCEED FIFTEEN (15) CANDIDATES. RECHECK YOUR BALLOT TO MAKE SURE THAT YOU HAVE NOT VOTED FOR MORE THAN FIFTEEN (15) CANDIDATES. li'rYR ('Jl~lilTilil C'OMM~H~1 INDEPENDENT CANDIDATES WRT~F.-TN r.ANnTnA~iS Absentee voting shall be conducted by Lee Lockard, City Secretary, and the place at which the absentee voting shall be conducted is designated as the office of the City Secretary in the City Hall, 3800 University Boulevard, Houston, Texas 77005, which is also the mailing address to which ballot applications and ballots voted by mail maybe sent. Said City Secretary shall keep said office open for at least eight (8) hours, that is, from 9:00 a.m. to 5:00 p.m. on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5.05, Subdivision 3d, Texas Election Code, said City Secretary shall not permit anyone to vote absentee by personal ~ppearance on any day which is not a regular working day for the City Secretary's office, and under no circumstances shall she permit anyone to vote absentee by personal appearance at any time when her office is not open to the public. Absentee voting shall be conducted on printed paper ballots. The ballots shall have printed on them the following: OFFICIAL BALLOT Place an "X" in the square beside the statement indicating the way you wish to vote. 152 PROPOSITION () FOR () AGAINST "SHALL A COMMISSION BE CHOSEN TO FRAME A NEW CHARTER?" INSTRUCTIONS: Provided that a majority of the qualified voters, voting on the above question, shall have voted in the affirmative, there shall be elected a Charter Commission composed of fifteen (15) members. Regardless of whether you have voted "FOR" or "AGAINST" or have not voted at all on the above question, you are entitled to vote for fifteen (15) but no more than fifteen, candidates for the Charter Commission. Vote for the candidates of your choice by placing an "X" in the square beside the candidate's name. the TOTAL NUMBER OF CANDIDATES YOU HAVE VOTED FOR MUST NOT EXCEED FIFTEEN (15) CANDIDATES. RECHECK YOUR BALLOT TO MAKE SURE THAT YOU HAVE NOT VOTED FOR MORE THAN FIFTEEN (15) .CANDID.ATES. FOR CHARTER COMMISSIONER: INDEPENDENT CANDIDATES fl ~ WRITE-IN CANDIDATES The ballots, beneath the heading "INDEPENDENT CANDIDATES" shall have listed the names of all candidates who have submitted their appli- cation to the City Secretary as a candidates seeking election to the Charter Commission. Section 5. That any duly qualified voter who resides within the corporate limits of the City of West University Place, Texas, may file his/her application with the City Secretary as a candidate for election to the Charter Commission. Section 6. That all of the duly qualified voters who reside within the corporate limts of the City of West University Place, Texas, shall be qualified to vote in this special election. Section 7. That notice of said election shall be given by post- ing a Notice containing a substantial copy of this Ordinance in English and in Spanish at the City Hall, West University Place, and at each of the election precincts of said City at least twenty (20) days prior to the date on which said election is to be held, and by publication of [jll.. said notice in English and in Spanish in a newspaper or newspapers published in Harris County, Texas of general circulation in the City, and designated as an official newspaper of the City in accordance with the City Charter, said publication to be made not later than thirty (3) days prior to the date set for said election. n c n 153 PASSED AND APPROVED this day of , 1980. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Ordinance Number 1156 be approved as read. Voting Aye: All Voting No: None ENTEX RATE INCREASE REQUEST: Resolution Number 80-14 was presented to the Commission and read in full: WHEREAS, on May 23, 1980, Entex filed a Statement of Intent to change its rates for natural gas service within the City of West University Place and has requested that said changes become effective June 27, 1980; and WHEREAS, Entex has filed revised Tariff Schedules together with statements specifying in detail each proposed ,.change, a rate filing package, and supporting testimony; and WHEREAS, Section17(a) of the Public Utility Regulatory Act, Article l446c, Texas Revised Civil Statutes, gives the governing body of each, municipality exclusive original jurisdiction over gas rates within its municipal bondaries; and WHEREAS, Section 43(d) of the Public Utility Regulatory Act authorizes the governing body of any municipality acting as a Regulatory Authority to suspend the operation of any proposed change in rates for a period not to exceed 120 days beyond the date on which the scheduled rates would otherwise go into effect, which period may be further ex- tended for an additional 30 days; and WHEREAS, Entex' s proposed rat,e changes and the detailed material supporting those changes require comprehensive evaluation and study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: That the change in rates for natural gas service within the City of West University Place proposed by Entex to become effective on June 27, 1980, should be, and are hereby, suspended for a period of 120 days beyond said proposed effective date, until October 25, 19BO, subject to an additional suspension of up to 30 days beyond said date upon further resolution of this Commission. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Resolution Number 80-14 be approved as read. Voting Aye: All Voting No: None POLICE PATROL UNITS: The following recommendation for purchase of two (2) police patrol units by Chief of Police Frank Robinson was presented for consideration: After studying the bids received and contacting both companies, it is 154 my recommendation to accept bid proposal from Jimmie Green Chevrolet. On both bid proposals the trade~in allowance is firm unless the condition of the vehicle traded are drastically altered (mileage excepted). i , , i I i I , L-J Although the F.O.B. Houston price is higher, the trade-in allowance is much greater than on bid proposal submitted by Bob Robertson Chevrolet. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the proposal from Jimmie Green for delivery of two (2) police patrol units at a net delivered price of $6,184.45 be accepted. Voting Aye: . All Voting No: None PUBLIC WORKS DEPARTMENT AUTOMOTIVE UNIT: The Commission was advised that the bids re- ceived for delivery of a four-door sedan for use of the Director of Public Works had quoted prices for a 1980 model, provided an order was received prior to June 10th, however, inasmuch as the deadline could not be met, it was recommended that hids received from Bob Robertson Chevrolet and Jimmie Green Chevrolet b~ rejected and bids here-advertised for a 1981 model. Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the bids from Bob Robertson Chevrolet and Jimmie Green Chevrolet for delivery of a four- door sedan be rejected and the city staff authorized to advertise for bids for delivery of a 1981 four~door sedan. Voting Ay.e: All Voting No: None o RADIO EQUIPMENT: The following recommendation from Chief Frank Robinson for purchase of one UHF radio and one VHF radio was presented to the Commission: After reviewing bids for radios, it was quickly determined that General Electric, low bidder, is honoring its contract price with H-GAC whereas Motorola has suspended its contract prices. Although I would prefer to be consistent with radio equipment, all of which at this time is Motorola, I cannot justify a purchase from Motorola, the high bidder. Ken-Zac Electronics, our local radio repair shop in West University Place, will not be able to service the General Electric radios due to a lack of proper test equipment for this brand; however, the Fire Department has a General Electric unit in the ambulance and has not had any problems with this equipment. My recommendation is to accept the bids from General Electric. Motion by Commissioner Horne, seconded.by Commissioner Maneval, that the proposal submitted by General Electric for delivery of one UHF radio for a net delivered price of $1,115 and one VHF unit for a net delivered price of $861, be accepted. Voting Aye: All Voting No: None u LIBRARY SHELF UNITS: The following recommendation from Director of Community Services Tom Carson was presented to the Commission: n o [ 155 After reviewing the three bids submitted, I can immediately rule out the bid from LaGallerie for $2,551. 78, because we only have $1,500 appropriated for this item. Therefore, the selection is cut down between two companies, Brodartand Highsmith. These two companies submitted bid prices on two sizes of shelving units, ,5; shelf and 7-shelf. Before I get into either company's product, I feel we should go with the 7~shelf unit which will provide the library with more space for books than the 5-shelf unit. The bids to bereviewed,are: A. Brodart: One starter unit, four add-on units and five painted backs. Total cost, $1,237.00. Note: This shelving is made of solid Northern Hard Rock Maple and Red Oak - no particle board or synthetic materials are used. B. Highsmith: One starter unit, four add-on units and five backs. Total cost, $1,179.11. Note: This shelving is made of hardwood veneer over core plywood with white birch shelves faced with hardwood. The bid from Brodart is $57.89 higher than the bid from Highsmith, but the difference, in my opinion, is wood shelving over veneer shelving. My recommendation is to go with the bid from Brodart for the hardwood shelves, which in quality, appearance and longevity will not only enhance the W.U. branch, but will also serve the purpose of adding more shelf space for books. I've discussed the two bids with the W.U. branch personnel and they also recommend the shelves from Brodart. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the recom- mendation of the Director of Community Services and the City Manager be accepted and libr~ry shelves be purchased from Brodart for a net delivered price of $1,237.00. Voting Aye: Horne Maneval Cole Voting No: Ahrens Rosenbaum FIRE DEPARTMENT DAYROOM CARPET: The Commission was presented the following recom- mendation from Chief Ben Wilcher for the purchase of carpet for the Fire Depart- ment Dayroom: After an inspection of all of the carpet samples, it is my decision that the alternate bid from Carpet World would be my choice of carpet. The carpet will be glued to the concrete floor, thus eliminating the padding. From the information I have received from various sources, it will wear better installed in this manner. ~T- 156 Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the recommendation of the Fire Chief and City Manager be accepted and the bid for !ii-1 installation of carpet in the Fire Department dayroom be awarded to Carpet World on their alternate bid of $794.50 be accepted. ~ Voting Aye: All Voting No: None WATER WELL #7: The, Commission was presented an invoice in the amount of $3,325.36 submitted by ~arigford Engineers, Inc. for professional services rendered on the drilling of water well /17 and construction of a 12" water transmission line. Motion by Commissioner Horne, seconded,by Commissioner Maneval, that the City Commission approve for payment an invoice in the amount of $3,325.36 submitted by Langford Engineers, Inc. Voting Aye: All Voting No: None IMPROVEMENTS TO COLONIAL AND JUDSON PARKS: Mr. Alex Pancheri, Chairman of the Parks and Recreation Board submitted the following report to the City Commission: In response to your directive from the meeting of June 9th, we request the purchase of the following equipment for Judson Park: 1. No. 5770 Ramble Climber $ 2,712.00 2. No. 5722 3-Leve1 Balance Beam 205.00 3. No. 5761 Climbing Pole 392.00 C 4. No. 2133 Aluminum Bench 180.00 5. No. 5793 Sheltered Picnic Table 751.00 6. No. 60 (Waist-Hi) Barbecue Stove (Permanent) (Three (3) @ $71.00 each) 213 . 00 Total $ 4,453.00 We advise Game-Time Equipment or at least their specifications as their reputation for quality construction and durability is establ- ished in the parks equipment area. For Colonial Park, we request the purchase from Game-Time 1980 catalog of: 1. Four (4) Picnic Tables $ 528.00 No. 768-8 foot wood top & seats @ $132.00 each 376.00 No. 769 end frames @ 94.00 each 2. Six (6) barbeque stoves, permanent type 426.00 No. 60 (Waist-Hi) @ $71.00 each 3. No. 5784 Double Slide Climber 1,452.00 Total $ 2,782.00 . . . , We hope that this will satisfy your directive to us and that you will take action immediately to begin purchase of the requested equipment. [j r, ! ~ ~ 1 o n 157 Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that the City Commission accept the recommendation of the Parks and Recreation Board; that plans and specifications be prepared for the requested equipment; and a request to advertise for bids be placed on the agenda for the next regular meeting of the City Commission. . Voti.ng Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised the Commission because of time limits it would be necessary to call a Special Meeting of the Commission if it was desired to place a question regarding the transfer of funds voted for Street Paving Improvements to the construction of a new wastewater treatment plant on the ballot for a Special Election on August 9, 1980. Motion by Commissioner Horne, seconded by Commissioner Maneval, that a special meeting be called for Monday, June 30, 1980. Voting Aye: All Voting No: None CITY MANAGER'S REPORT: City Manager Dick Rockenbaugh presented an invoice in the amount of $5,694.29 received from Attorney Bill Olson for professional services rendered in conncection with a study of the current city charter. Mr. Rockenbaugh noted that included in the amount of the invoice were charges for telephone con- ferences, charter review, legal research, preparation of a written review of the charter and meetings with the City Commission and Charter Committee. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that the invoice submitted by Bill Olson in the amount of $5,694, be approved for pay- ment. Voting Aye: All Voting No : None BOARD ANDtOMMITTEE MINUTES: Minutes of the regular meeting of the Electrical Board on ~une 16, 1980, were presented to the Commission for their information. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 10:15 p.m. ~{!t~ ATTEST: 4~~ City Secretary ~'- ..-----_.~ ~T 158 SPECIAL CITY COMMISSION MEETING June 30, 1980 The City Commission convened in special session at the City Hall on Monday, June 30, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City Manager were also present. Mayor Cole announced that the purpose of the special meeting was to consider an ordinance to provide voters of the city an opportunity to authorize the City Commission to use bond funds approved in 1976 that have not been used to be de- signated for use to defray a portion of the cost of construction of a new waste- water treatment facility. Ordinance Number 1157 was presented to the Commission and read in full: AN ORDINANCE CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ALLOWING THE VOTERS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,' TO ANSWER THE PROPOSITION, "SHALL BOND PROCEEDS WHICH HAVE HERETOFORE BEEN ISSUED, SOLD AND DELIVERED FOR A SPECIFIC PURPOSE OR PURPOSES BE USED FOR OTHER PURPOSES?" PROVIDING FOR THE HOLDING OF AN ELECTION ON THE NINTH DAY OF AUGUST, 1980; PROVIDING FOR THE HOURS OF SAID ELECTION; PROVIDING FOR THE POLLING PLACES AND THE OFFICERS OF SAID ELECTION; PROVIDING FOR ABSENTEE VOTING; AND PROVIDING FOR NOTICE OF SAID ELECTION BY POSTING AND PUBLICATION. WHEREAS, the voters of the City of West University Place, Texas, at a special election held on the 10th day of February, 1976, authorized the City Commission to issue and sell the bonds of said city in the amount of $860,000 for the purpose of constructing permanent drainage improvements in and for said city; and WHEREAS, the voters of the City of West University Place, Texas, at a special election held on the 10th day of February, 1976, authorized the City Commission to issue and sell the bonds of said city in the amount of $490,000 for the purpose of constructing permanent street improvements in and for said city; and WHEREAS, upon~completion of the construction of permanent drainage improvements, there remained the sum of $30,707 to the credit of such Drainage Bond Funds; and WHEREAS, the construction of permanent street improvements has been abandoned because of the lack of citizen participation in such project and the sum of $490,000 remains to the credit of the Street Improvement Bond Funds; and WHEREAS, it is the desire of the City Commission to use such unexpended bond funds, together with all accrued interest thereon, to defray a portion of the cost of the construction of wastewater treatment facilities as pro- vided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: , 1 I u o u 159 n l;J Section 1. That a special election shall be held in the City of West University Place, Texas, on the 9th day of August, 1980, at which election there shall be submitted to the qualified voters of West University Place, who reside within the corporate limits of said City, the following proposi- tion; to-wit: PROPOSITION "SHARL BOND PR€JCEEDS WHICH HAVKHERETOFORE BEEN c: ISSUED" SOLD AND DELIVERED FOR A SPECIFIC PURPOSE OR PURPOSES BE USED FOR OTHER PURPOSES?" Section 2. The hours during which the pools will be open for voting in said election shall be from seven o'clock a.m. to seven o'clock p.m. Section 3. Voting shall be at the following respectively designated polling places in each of the following numbered Harris County Voting Pre- cincts in the City of West' University Place heretofore established and de- scribed by natural or artificial boundaries or survey lines by order adopted by the Commissioner's Court of Harris County and duly set out in its minutes. The following named persons are hereby appointed officers tocoriduct said election in the said election precincts, respectively: ~ 160 Section 4. It is hereby determined by the City Commission that voting on the day of said election shall be by the use of voting machines, that absentee voting shall be by use of paper ballots and that the ballots of said election shall conform to the requirements of the Texas Election Code and shall have printed thereon in English and Spanish the f6110wi~g: J OFFICIAL BALLOT Each voter desiring to vote in favor of the proposition shall pull the lever beside the word "FOR". Each voter desiring to vote against the proposition shall pull the lever beside the word "AGAINST". PROPOSITION ( ) FOR SHALL BOND PROCEEDS WHICH HAVE HERETOFORE BEEN ISSUED, SOLD AND DELIVERED FOR A SPECIFIC PURPOSE OR PURPOSES ( ) AGAINST BE USED FOR OTHER PURPOSES? Absentee voting shall be conducted by Lee Lockard, City Secretary, and the place at which the absentee voting shall be conducted is designated as the office of the City Secretary in the City Hall, 3800 University Boulevard, Houston, Texas, 77005, which is also the mailing address to which ballot applications and ballots voted by mail may be sent. Said City Secretary shall keep said office open for at least eight (8) hours, that is, from 9:00 a.m. to 5:00 p.m. on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as author- il ized by Article 5.05, Subdivision 3d, Texas Election Code, said City Secre- LJ tary shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the City Secretary's office, and under no circumstances shall she permit anyone to vote absentee by personal appear- ance at any time when her office is not open to the public. Absentee voting shall be conducted on printed paper ballots. The ballots shall have printed on them the following: OFFICIAL BALLOT Place an ~'X" in the square beside the statement indicating the way you wish to vote. PORPOSITION ( ) FOR "SHALL BOND PROCEEDS WHICH HAVE HERETOFORE BEEN ISSUED, SOLD AND DELIVERED FOR A SPECIFIC PURPOSE OR PURPOSES BE USED FOR OTHER PURPOSES?" ( ) AGAINST Section 5. That all of the duly qualified voters who reside within the corporate limits of the City of West University Place, Texas, shall be qualified to vote in this special election. Section 6. That notice of said election shall be given by posting a notice containing a substantial copy of this Ordinance in English and in Spanish at the City Hall, West University Place, and at each of the election u n n u 161 precincts of said City at least twenty (20) days prior to the date on which said election is to be held, and by publication of said notice in English and in Spanish in a newspaper or newspapers published in Harris County, Texas of general circulation in the City, and designated as an official newspaper of the City in accordance with the City Charter, said publication to be made on the same day in each of two (2) successive weeks, the date of the first pub- lication to be not less than fourteen (14) days prior to the date set for said election. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Ordinance Number 1157 be amended to reflect the following language for the Proposition and approved as amended: "SHALL BOND PROCEEDS WHICH HAVE HERETOFORE BEEN ISSUED, SOLD AND DELIVERED IN 1976 FOR A SPECIFIC PURPOSE OR PURPOSES BE USED FOR OTHER PURPOSES (CONSTRUCTI0N OF A NEW WASTEWATER TREATMENT FACILITIES)?" Voting Aye: All Voting No: None With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:15 p.m. .crk-.'Jrl ~ Mayor ATTEST: ~ ;4!,.~~ City ecretary 162 REGULAR CITY COMMISSION MEETING July 14, 1980 The City Commission convened in regular session at the City Hall 1980, 7:30 p.m., with the following members present: Mayor Cole, sioners Horne and Rosenbaum. The City Manager was also present. and Maneval and the City Attorney were absent. on Monday, July 14, presiding, Commis- Commissioners Ahrens u The Invocation was pronounced by Commissioner Horne. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on Monday, June 25, 1980-, and a special meeting on June 30, 1980, were presented for consideration. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that minutes of the regular meeting of the City Commission on June 25, 1980, be corrected to indicate the arrival of Commissioner Ahrens and a "no" vote cast by Commissioner Ahrens and Commissioner Rosenbaum on the purchase of library shelving and approved as corrected, and that minutes of a special meeting on June 30, 1980, be approved as submitted. Voting Aye: All Voting No: None Commissioner Maneval arrived at the meeting at this time. HEARING OF RESIDENTS: Mr. W. L. Partridge, 4040 Ruskin, was advised that an election 011!1 had been called for August 9, 1980, to permit voters to decide whether or not they desired that a new charter be written for the city and to vote for fifteen residents to serve on a Charter Commission. Subsequent to that election,;if a majority of the voters desire a new charter the Charter Commission would prepare such a document which would be mailed to each residence in the city prior to an election on a new charter to be held on April 4, 1981. Mrs. Pat Moore, 3103 University, advised the Commission how pleased residents were to see City Manager Dick Rockenbaugh at various sites throughout the city and to have a City Manager that is visible. Mrs. Moore stated that sometime ago she had been very upset to learn that the leaf machine was used only part- time and that it was her opinion that residents should have been advised of the schedule followed. Mr.s. Moore further stated that garbage service appalled her by the amount that was spilled and left, and that if anything was to be done about bike lanes prior to opening of school something needed to be considered. City Manager Dick Rockenbaugh advised Commissioner Horne and Mrs. Moore that a representative of the Office of Traffic Safety had visited the city and had met with the Safety Committee of the West University PTA in preparation of a School Trip Safety Plan and that his report the latter part of July was hoped to pro- vide information that would be beneficial to the study of bicycle lanes. Mr. Rockenbaugh also advised that consideration would be given to the pre- paration of information similar to that distributed by the Inspection Depart- lJl 1 ment providing residents information on the operation of the leaf machine, ,chipper truck, etc. n rn n 163 Mrs. Dorothy Clary, 4131 Ruskin, was advised that the only qualification for voting in the August 9th election was a valid voter registration certificate and that renters as well as property owners would be entitled to vote. CONCERNS OF THE CITY COMMISSION: Commissioner Rosenbaum advised that she had received a complaint from the parents of a member of the Little League about a broken handle on the drinking fountain located near the large baseball diamond. Mayor Cole was advised that the water fountain at Judson Park would be checked to determine that it was operable. Mayor Cole was also advised that Director of Public Works David Eby had some information regarding the traffic sign survey which would be presented to the Commission at workshop meeting. In response to a question by Mayor Cole regarding the city's water situation, City Manager Rockenbaugh advised that the motor for the new water well was ex- pected to be delivered to the site this week and after the motor installation the:fence woudbe put up. Mr. Rockenbaugh advised that the city was currently pumping between three to three and a half million gallons of water a day with the operation of two wells and that 4.3 million gallons had been pumped the past week-end and that no problems were anticipated. RESOLUTION HONORING STREET SUPERINTENDENT A. L. BEARDEN: Resolution Number 80-15 was presented to the Commission and read in full: WHEREAS, on July 1, 1955, Mr. A. L. Bearden reported for duty as Superintendent of the Street Department of the City of West University Place; and WHEREAS, July 1, 1980, marked Mr. Bearden's twenty-fifth anniversary as an employee of the city; and WHEREAS, A. L. Bearden has been called upon to perform duties above and beyond those of Street Department Superintendent on many occasions; and WHEREAS, A. L. Bearden, through his warm and friendly personality and good sense of humor, gained the confidence and friendship of city employees, past and present, and residents of the city; and WHEREAS, the City Commission desires to give recognition to A. L. B~arden for his excellent, energetic and intelligent service to the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City of West University Place, acting by and through its duly authorized City Commission, hereby commends A. L. Bearden for his distinguished service to the citizens and to the city for the twenty- five years he has served as an employee. Section 2. That the City Commission, on behalf of the citizens who know A. L. Bearden, expresses its grateful appreciation to him for his un- selfish devotion tO,his duties and for the manner in which he faithfully per- forms his ~asponsibilities. Section 3. That this Resolution be signed by each member of the City Commission and spread upon the minutes of the City Commission, and that 164 the Mayor be, and he is hereby, authorized to deliver to A. L. Bearden a true copy hereof. PASSED AND APPROVED this 14th day of July, 1980. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Commission approve Resolution Number 80-15 commending the service of A. L. Bearden. Voting Aye: All Voting No: None Mayor Cole presented Mr. Bearden with the original Resolution Number 80-15 which had been framed for the occasion, together with a Seiko watch. Mr. Cole then read a list of major accomplishments by Mr. Bearden and his Department during the past twenty-five years, including: building of the public works buildings which house the Street, Sanitation and Water Departments; paving of many miles of streets in the city; installation of storm sewers; swimming pool maintenance; layout of sanitary landfill site; remodeling of the recycling center; and the design and construction of the leaf machine. Mr. Cole noted that retirement for Mr. Bearden would hot be possible soon because he was working on a five- . year street improvement program. PUBLIC WORKS DEPARTMENT AUTOMOTIVE UNIT: Bids received for deliv.ery of one four- door sedan for use of the Public Works Department were opened and results announced as follows: Bidder Base Bid Trade-In Net Delivered Rid Jimmie Green Chevrolet Bob Robertson Chev. $ 7,082.46 6,081. 97 $ 6,632.46 :s ,631. 97 $ 450.00 450.00 Motion by Commissioner Horne, seconded by Commissioner Maneval, that subject to a review by the Director of Public Works for conformity of bid with speci- fication that the bid submitted by Bob Robertson Chevrolet be accepted. Voting Aye: All Voting No: None PLAYGROUND EOUIPMENT FOR COLONIAL AND JUDSON PARKS: In accordance with instructions of the City Commission following a request by Mr. Alex Pancheri, Chairman of the Parks and Recreation Board, a request to advertise for bids for the following equipment for Colonial and Judson Park was presented: Judson Park No. 5770 Ramble Climber No. 5722 3-Level Balance Beam No. 5741 Climbing Pole No. 2133 Aluminum Bench No. 5793 Sheltered Picnic Table No. 60 (Waist-High) Barbecue Stove (3) Colonial Park Four Picnic Tables Eight foot wood top & seats No. 769 wood frames Six Barbeque Stoves No. 5784 Double Slide Climber , , i 1 ~ ~] ,-) I I LJ u o n 165 Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that the City Manager be authorized to advertise for playground equipment to be located in Judson and Colonial Parks. Voting Aye: All Voting ,No: None HOUSTON-LIGHTING & POWER COMPANY RATE INCREASE: Resolution Number 80-16 was presented to the Commission and read in full: WHEREAS, on June 30, 1980, the Houston Lighting & Power Company (HL&P) filed a Statement of Intent to change its rates for electric service within the City of West University Place and has requested that said changes become effective on August 5, 1980; and WHEREAS, HL&P has filed revised Tariff Schedules together with statements specifying indetail each proposed change, a rate filing pack- age, and supporting testimony; and WHEREAS, Section l7(a) of the Public Utility Regulatory Act, Article l446c, Texas Revised Civil Statutes gives the governing body of each municipality exclusive original jurisdiction over electric rates within its municipal boundaries; and WHEREAS, Section 43(d) of the Public Utility Regulatory Act authorizes the governing body of any municipality acting as a Regulatory Authority to suspend the operation of any proposed changes in rates for a period not to exceed 120 days beyond the date on which the scheduled rates would otherwise go into effect, which period may be further extended for an additional 30 days; and WHEREAS, HL&P's rate changes and the detailed material supporting those changes ~equire comprehensive evaluation and study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: That the change in rates for electric service within the City of West University Place proposed by Houston Lighting & Power Company to become effective on August 5, 1980, should be, and they are, hereby suspended for a period of 120 days beyond said proposed effective date, until December 3, 1980, subject to an additional suspension of up to 30 days beyond said date upon further resolution of this Commission. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Maneval, seconded by Commissioner Horne, that Resolution Number 80-16 be approved as read. Voting Aye: All Voting No: None 1981 BUDGET HEARING: The Commission was advised that it was necessary to call a Public Hearing for consideration of the adoption of a budget for the city for the period January 1, 1981 through December 31, 1981, in order that the required publication might be made. 166 Motion by Commissioner Maneval, seconded by Commissioner Horne, that a Public Hearing be called for Monday, August 25, 1980 for the purpose of considering for adoption a budget for 1981. Voting Aye: All Voting No: None il ~ RE-APPOINTMENT OF MUNICIPAL COURT ASSOCIATES: The Commission was advised that in ac- cordance with the provisions of the City Charter, consideration should be given to the re-appointment of Associate Judges and Prosecutor for the Municipal Court. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that the follow- ing persons be appointed to serve the Municipal Court for an additional sixty (60) day period: Michael Schneider, Associate Judge Terry Collins, Associate Judge Thomas Taylor, Associate Prosecutor Voting Aye: All Voting No: None CITY ATTORNEY FEES: A statement in the amount of $4,110.50 submitted by City Attorney David Allums for legal services rendered during the months of April, May and June was presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the statement in the amount of $4,110.50 submitted by City Attorney David Allums for legal ser- vices rendered during the months of April, May, and June be approved for payment. I 1 Voting Aye: All Voting No: None LJ HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT PERMIT FEE STATEMENT: An invoice in the amount of $3,483.00 submitted by the Harris-Galveston Coastal Subsidence District for permit fees for the operation of the four (4) city water wells was presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the invoice in the amount of $3,483.00 submitted by Harris-Galveston Coastal Subsidence District for permit fees for the period July 1, 1980 through June 30, 1981, be approved for payment. Voting Aye: All Voting No: None LEGAL MATTERS: Inasmuch as City Attorney David Allums was not in attendance at the meeting there were no legal matters for discussion. CITY MANAGER'S REPORT: City Manager Dick Rockenbaugh advised the Commission that con- sideration should be given to establishing dates for workshop sessions on the departmental budgets which were now ready for review. After consideration of a number of options, the Commission agreed on the ~I I r I : I r I \ 0, o n 167 following dates for workshop meetings on the budget: Wednesday, July 16th - 7:00 p.m. Thursday, July 17th - 7:00 p.m. Saturday, July 19th - 10:00 a.m. -2:00p.m. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:45 p.m. ATTEST: ~~ City Secretary . ~_... '._u ,,' ~mk L-:~._' -.:=--~-~- ,-- '. 168 REGULAR CITY COMMISSION MEETING July 28, 1980 il J The City Commission convened in regular session at the City Hall on Monday, July 28, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding, Commissioners Ahrens, ,Cole, Maneval and Rosenbaum. The City Attorney was also present. The City Manager was out of the city. The Invocation was pronounced by Commissioner Maneval. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on July 14, 1980, were presented for consideration. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of the City Commission on Monday, July 14, 1980, be ap- proved as submitted. Voting Aye: All Voting No: None HEARING OF RESIDENTS: Mr. W. L. Partridge, 4040 Ruskin, advised the Commission that if something is not done prayer will be prohibited at public meetings such as the meeting of the City Commission. Mr. George Faison, 3726 Nottingham, advised the Commission that he had been upset by an article appearing in the Beacon regarding the number of garage apartments within the city. Mr. Faison asked who had the responsibility for enforcing the L1lj provisions of the Zoning Ordinance, noting that it was his belief that garage apartments had been declared illegal many years ago, and that it had been brought to his attention that other buildings were being erected in the city that were not in compliance with the single family residential requirements of the Ordinance. City Attorney David Allums advised Mr. Faison that some of the garage apart- ments located in the city were legal inasmuch as they were constructed prior to the passage of the Zoning Ordinance while others were being rented illegally. Mr. Allums also advised Mr. Faison that the City Commission had given some con- sideration to control of garage apartments and would be studying the question in depth soon. Mr. Allums noted that responsibility for enforcement of the Zoning Ordinance belongs to the City Commission with staff personnel carrying out in- structions, and that both City Manager Dick Rockenbaugh and Building Inspector Wayne Perry were aware of the problem and working on it. Mayor Cole stated that use of garage apartments was one of the problems this City Commission is addressing and that additional consideration will be given to the subject when the 1981 city budget has been completed and the August 9th election is over. Mr. Tom Browder, 6352 Buffalo Speedway, advised that it was his desire to com- mend the Commission on the stand taken on the rate increase requested by Houston Lighting and Power Company, noting that more publicity should be given to such action. Mr. Browder was advised that the action had been only a delaying tactic and that the ultimate decision would be made by the Public Utilities Commission. -1 U u o u 169 Mr. Browder also requested information regarding the construction of a new residence at 6528 Mercer where there was an existing house and garage on the front of the property. Mr. Louis Alexander, a member of the Citizens' AdvisoryGro~p" to the MTA, appeared before the Commission to discuss proposed locations for stations in conjunction with the development of the Wastpark corridor propose. Mr. Alexander pointed out that stations proposed for the Shepherd/Greenbriar area and Newcastle had received some criticism, one because of narrow streets and probable parking problems and the other because of opposition to completion of the opening of Newcastle. Mr. Alexander stated that he favored moving the Shepherd/Greenbriar station to Kirby and the Newcastle station to the 610 Loop area near the Houston Post Building. Mr. Alexander noted two meetings being held by the MTA and requested that members of the Commission appear at one or both to express their desires regarding the proposed station locations. Mr. Burt Ballanfant advised the Commission that he served with Mr. Alexander and as a resident of the City could assure the Commission that Mr. Alexander would vigorously represent any requests they might have. Mrs. Doris Covel, 6519 Westchester, appeared before the Commission to express a complaint against a neighbor who was operating a business in his garage. Mayor Cole advised Mrs. Covel that both the Police Department and Inspection Depart- ment had investigated her prior complaints and that the resident was using his garage in the pursuit of a woodworking hobby. CONCERNS OF THE CITY COMMISSION: Mayor Cole advised" those in attendance that the beautiful antique clock in the Council Chamber had been loaned by Mr. Ralph Pokluda, 3930 Rice Boulevard. ENGINEERING SERVICES: An invoice in the amount of $1,104.25 submitted by Langford Engineering, Inc. for professional services rendered on water well #7 and the 12" water transmission line was presented for consideration; together with a recommendation from Director of Public Works David Eby that the invoice be ap- proved. Motion by Commissioner Maneval, seconded by Commissioner Horne, that on the basis of the recommendation of the Director of Public Works that the invoice in the amount of $1,104.25 submitted by Langford Engineering, Inc. be approved for payment. Voting Aye: All Voting No: None TAX ASSESSOR/COLLECTOR: Resolution Number 80-17 was presented to the Commission and read in full: WHEREAS, Joseph Harris, employed by the City of West University Place, Texas, and appointed Tax Assessor/Collector, has resigned his position with the city; and WHEREAS, Patrick O'Connor, employed as Director of Finance and is qualified to serve as Acting Tax Assessor/Collector of the City of West Uni- versity Place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: 170 Section 1. That Patrick O'Connor be, and he is hereby, ap- pointed Acting Tax Assessor/Collector of the City of West University Place, Texas. Section 2. That Virginia Hood be, and she is hereby, appointed Assistant Acting Tax Assessor/Collector of the City of West University Place, Texas. Section 3. That the appointment of Patrick O'Connor as Acting Tax Assessor/Collector of the City of West University Place, Texas, shall be effective with the passage of this Resolution. Section 4. That the appointment of Virginia Hood as Assistant Acting Tax Assessor/Collector of the City of West University Place, Texas, shall be effective with the passage of, this Resolution. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Horne, seconded by Commissioner Maneval, that passage of Resolution Number 80-17 is temporary action by the City Commission until an ew- ployee is found to serve as Tax Assessor/Collector in order that the Finance operations and Tax operations of the city remain separate and the Resolution be passed as read. Voting Aye: All Voting No: None The Commission was presented a request to of 40,000 pounds of liquid chlorine in ton liquid chlorine in l50-pound cylinders for facility, swimming pool and water plant. PURCHASE OF CHLORINE REQUIREMENTS: advertise for bids for delivery containers and 15,000 pounds of use at the wastewater treatment Motion by Commissioner Horne, seconded by Commissioner Maneval, that the city staff be authorized to advertise for bids for delivery of 40,000 pounds of liquid chlorine in ton containers and 15,000 pounds liquid chlorine in 150- pound cylinders. Voting Aye: All Voting No: None METROPOLITAN TRANSIT AUTHORITY: Mayor Cole advised the Commission that there were two candidates to serve the sixteen smalL,:city members of the MTA as represen- tative for the next four-year period and that a choice should be made in order for him to cast the city's ballot at an election to be held on August 7th. It was noted that one of the candidates was Edward V. Donr who has held such position since March, 1979, and the other candidate was former Mayor of the City of Bellaire, Louise Ware. Motion by Commissioner Ahrens, seconded by Commissioner Horne, that Mayor Cole be instructed to support Mr. Edward Dorr, the incumbent, as MTA representqtive. Voting Aye: Ahrens Cole Horne Maneval Voting No: Rosenbaum u u u n o n ~ ' 171 LEGAL MATTERS: City Attorney David Allums advised that he had no legal matters to bring to the attention of the Commission at this time. STAFF REPORT: Inasmuch as the City Manager was out of the city, there were no staff matters to be reported~ Members of the Commission requested that the red light eastbound on Sunset at Buffalo be replaced. BOARD AND COMMITTEE MEETING MINUTES: Minutes of the following board and committee meetings were presented to the Commission for their information: Parks and Recreation Board meetings on June 24th and July 8th Electrical Board meeting on July 21st Zoning Board of Adjustment meeting on July 17th Zoning and Planning Commission meeting on July 10th ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried the meeting adjourned at 8:35 p.m. ~2!1~ ATTEST: ~4.~~ ./ City Secretary 172 REGULAR CITY COMMISSION MEETING August 11,1980 n l The City Commission convened in regular session at the City Hall on Monday, August 11, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Maneval and Rosenbaum. The City Attorney and City Manager were also present. Commissioner Horne was out of the city. The Invocation was pronounced by Commissione~ Rosenbaum. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on July 28, 1980, were presented to the Commission for consideration. Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of the City Commission on July 28, 1980, be approved as submitted. Voting Aye,: All Voting No: None HEARING OF RESIDENTS: There we,re no residents in attendance at the meeting having matters to discuss with the City Commission. CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens requested that the City Manager direct a letter ,to the City of Houston expressing appreciation for repairs that had been made on a water leak on Edloe. Mayor Cole was advised hy the City Manager that the existing house and garage rli,'..l located t6528 Mercer would be torn down upon completion of a new residence W that is being constructed on the property. Mayor Cole was also advised that a complete investigation had been made of a complaint registered by Mrs. Doris Covel, 6519 Westchester, and no evidence ,had been found regarding the operation of a business in a residence. Mayor Cole advised those in attendance that the city's Civil Defense plan went into operation on Friday, August 8th at 6:00 p.m., and again on Saturday, August 9th at 6:00 p.m. Mayor Cole expressed gratitude that Hurricane Allen had missed this part of the state and also expressed gratitude to City Manager Dick Rockenbaugh, Department Heads and staff personnel for being ready in event an emergency had arisen. Mr. Rockenbaugh advised that he had directed a letter of appreciation to each Department, Head with a request that it be posted for benefit of their staff 'and ,that it was his belief that residents of West Univer- sity Place were very fortunate to have city employees who care and are willing to work. CANVASS RESULTS OF SPECIAL CITY ELECTION: Results of the Special City Election held on August 9, 1980, were canvassed by members of the City Commission and Resolution Number 80-18 presented as follows: WHEREAS, in accordance with the laws of the State of Texas, the Charter of the City of WestUniversityPlace,.and Ordinance Number 1156 adopted pursuant thereto, an election was held within and for said city on August 9, 1980, for the purpose of permitting the qualified voters of the City of West University Place to vote for or against a conunission to frame anew charter and .elect a Charter Commission. 173 n WHEREAS, in accordance with the terms and prov~s~on of Article 8.29a of the Election Code, the Judges of the election have made out, signed and delivered in sealed envelopes the returns of said election, together with the poll lists and tally lists, to the Mayor and City Com- mission of the City~ofWest University Place, Texas; and: WHEREAS, the Mayor and City Commission of the City of West Uni- versity Place, Texas, in regular session assembled on August 11, 1980, have opened and examined the election returns and have canvassed the results thereof, in accordance with the provisions of the City Charter and the Texas Election Code and find that at such election the following votes were cast,: Precinct 15 FOR: "Shall a Commission be chosen to frame a new Charter?" 158 AGAINST: "Shall a Commission be chosen to frame a new Charter?" 49 CHARTER COMMISSIONERS o Dwayne Loftice W. T. "Bill" Nettles Sue Coverstone Lilli Elsas Roland E. Dahlin II Mary Esther Young Elvin Ainsworth Jim McLaughlin Bette M. Hord Polly Campbell Robert V. Turner Betty Sellers Andrew J. Martin Peter C. l'aaffe G. Thomas Browder Robert R. Park Jackie Patteson Ralph J. Pearson, Jr. Ann W. Covert Joan McCay Peg Measom Gayle Stokes 104 113 97 77 104 115 110 118 121 106 106 93 85 79 73 105 49 92 69 56 60 Precinct 87 Precinct 133 Precinct 183 244 73 145 169 141 64 152 158 137 169 173 147 162 141 121 119 101 163 73 137 155 84 78 n . WHEREAS, as a result of such election, it was determined that Bette Hord, with a total of 483 votes, Jim McLaughlin, with a total of 474 votes, Bill Nettles, with a total of 463 votes, Mary Esther Young, with a total of 453 votes, Roland Dahlin II, with a total of 433 votes, Robert Turner, with a total of 431 votes, Polly Campbell, with a total of 430 votes, 157 133 56 46 91 104 98 43 98 100 85 107 109 96 89 96 72 72 61 86 60 78 63 50 44 - 1 69 77 76 43 79 80 75 80 80 81 74 81 60 55 58 68 47 64 50 47 46 174 Robert Park, with a total of 422 vates, Sue Coverstone, with a total of 412 votes, Betty Sellers, with a total of 411 votes, Dwayne Loftice, U with a total of 409 votes, Elvin Ainsworth, with a total of 407 votes, ~ Ralph Pearson, Jr., with a total of. 371 votes, Andrew Martin, with a total of 338 votes, and Ann W. Covert, with a total of 337 votes, have been elected Charter Commissianers of the City of West University Place, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the official results of such election shall be, and they are hereby, declared pursuant to canvass of the returns of such election by the Mayor and City Commission to be that: A COMMISSION SHALL BE CHOSEN TO FRAME A NEW CHARTER AND THE FOLLOWING PERSONS SHALL SERVE AS MEMBERS OF SUCH COMMISSION: BETTE HORD ROBERT PARK JIM McLAUGHLIN SUE COVERSTONE BILL NETTLES BET!Y SELLERS MARY ESTHER YOUNG DWAYNE LOFTICE ROLAND DAHLIN II ELVIN AINSWORTH ROBERT TURNER RALPH PEARSON, JR. POLLY CAMPBELL ANDREW MARTIN ANN COVERT 01 Section 2. This Resalution shall take effect and be in force immediately fram and after its passage and appraval as required by law. PASSED AND APPROVED this day of , 1980. Motion by",Commissio.ner: Rosenbaum, _ seconded by "CoiDInissioner~,Maneval,;cthat Resolu- tion Numb,er ;80~18 be2approvedas, read'. , Voting Aye: All Voting No.: None Resolutian Number 78-19 was presented to the Commission and read in full: WHEREAS, in accordance with the laws of the State of Texas, the Charter of the City of West University Place, and Ordinance Number 1157 adopted pursuant thereto, an election was held within and for said city on August 9, 1980, for the purpose of permitting the qualified vaters of the City of West University Place to vote for or against the transfer of bond praceeds issued, sold and delivered in 1976 to be used for the construction of new wastewater treatment facilities; and WHEREAS, in accordance with the terms and provisions of Article 8.29a of the Election Code, the Judges of the election have made out, signed and delivered in a sealed envelope the returns of said election, together with, the poll lists and tally lists to the Mayor and City Com- I~ mission of the City of West University Place, Texas; and ~ n" F' ; , ,),' 't " i : 'i ,\1 " w Ul 175 WHEREAS, the Mayor and City Commission of the City of West Univer- sity Place, Texas, in regular session, assembled on August 11, 1980, have opened and examined the election returns and have canvassed the results thereof in accordance with the provisions of the City Charter and the Texas Election Code ang_as a. result of such examination, and canvass, said Mayor and City Commissioners find that at such election,the following votes were cast: Precinct Precinct Precinct Precinct 15 87 111 ill FOR: "SHALL BOND PROCEEDS WHICH 170 165 119 234 HAVE HERETOFORE BEEN ISSUED SOLD AND DELIVERED IN 1976 FOR A SPECIFIC PURPOSE OR PURPOSES BE USED FOR OTHER PURPOSES (CONSTRUCTION OF NEW WASTEWATER TREATMENT FACILITIES)?" AGAINST: "SHALL BOND PROCEEDS WHICH 23 39 44 57 HAVE HERETOFORE BEEN ISSUED SOLD AND DELIVERED IN 1976 FOR A SPECIFIC PURPOSE OR PURPOSES BE USED FOR OTHER PURPOSES (CONSTRUCTION OF NEW WASTEWATER TREATMENT FACILITIES)?" WHEREAS, as a result of such election it was determined that 688 votes were cast FOR the transfer of bond proceeds and 163 votes were cast AGAINST the adoption of the transfer of bond proceeds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERWITY PLACE, TEXAS: Section 1. That the official results of such election shall be, and they are hereby, declared pursuant to canvass of the returns of such election by the Mayor and City Commission to be that: BOND PROCEEDS WHICH HAVE HERETOFORE BEEN ISSUED, SOLD AND DELIVERED IN 1976 FORA SPECIFIC PURPOSE OR PURPOSES SHALL BE USED FOR OTHER PURPOSES (CONSTRUCTION OF NEW WASTEWATER TREATMENT FACILITIES)". Sectiori 2. This Resolution shall take effect and be in force im- mediately from and after its passage and approval as required by law. PASSED AND APPROVED this day of , 1980. Motion by Commis~ioner Maneval, seconded by Commissioner Rosenbaum, that Resolu- tion Number 80-19 be approved as read. Voting Aye: All Voting No: None 176 RECORD OF ABSENTEE BALLOTS: In accordance with prOV1S10ns of the Texas Municipal Election Law, the City Manager submitted the following report from the City Secretary: Article 6.09 of the Election Code, which requires a record of the ballots delivered to precinct polling places, was amended in 1979 to require that a record also be made of ,the ballots assigned for use in absentee voting. Inasmuch as voting machines are used in each of the city's voting precincts this Article does not apply to the polling places other than the City Secretary's office which is used to conduct absentee voting. Morin Printing Company printed and delivered one hundred (100) paper ballots (consecutive numbers from 001 to 100). There was a total of 56 absentee ballots cast, and two (2) were mailed but not returned. There were no defectively printed, defaced and/or mutilated ballots. Commissioner Ahrens was advised that absentee ballots that have been voted are delivered by the City Secretary to the Precinct Judge in each of the city's four (4) voting precincts and are voted on the machine by such Judge. RECREATION EQUIPMENT BIDS: In accordance with previous action of the City Commis- sion, bids received for delivery of recreation equipment for Colonial and Judson Parks were opened and results announced as follows: II Persenaire Products Miracle Recreation Knori Assoc. Ramble Climber Double Slide Climber 3-Level Balance Beam Climbing Pole Aluminum Bench Sheltered Picnic Table Waist-Hi Barbeque Stove 2,868.00 1,553.00 195.00 407.00 l7?l.00 777 .00 Ea. 72.00 (9) 648.00 Ea. 94.00 (4) 376.00 2,203.00 1,625.00 158.00 421. 00 179.00 899.00 Ea. 77.00 (9) 693.00 Ea. 87.00 348.00 Picnic Table Frames 2,700.00 1,495.00 200.00 395.00 220.00 No Bid Ea . 72 . 00 (9) 648.00 Ea. 99.00 396.00 Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that bids re- ceived for delivery of recreation equipment for Colonial and Judson Parks be re- ferred to the City Manager for evaluation with a recommendation for purchase to be presented to the City Commission at its next regular meeting. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised the Commission that Mr. Joe Damiani attorney for the plaintiffs in the Ash vs City of West University Place had filed an appeal on the last day such appeal could be filed. Mr. Allums also advised that attorneys for the City of Houston in the City of Houston vs Anita Rhodeheaver suit had filed a Writ of Mandamus in such suit. n u o n 177 CHARTER COMMISSIONERS: Mayor Cole administered the Oath of Office to the following members of the Charter Commission: Roland Dahlin, Dwayne Loftice, Jim McLaughlin, Robert Park, Ralph Pearson and Betty Sellers. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that petitions had been received from property owners in the 4200 block of Albans Road, 3500 and 3600 blocks of Corondo Court and the 4100 and 4200 blocks of Emory Street for street paving. Mr. Rockenbaugh suggested that this item be included on a workshop agenda for discussion by the City Commission. Mayor Cole read a list of city streets that were in need of paving and/or curbs and gutters. Mrs. Dorothy Clary advised the Commission that property owners in the second portion of the 4100 block of Ruskin did not want curb and gutters on their street because it was high and prevented flooding. Mr. Rockenbaugh advised the Commission that the Texas Municipal League's Sterring Committee had decided to employ the firm of Touche Ross & Co. to .,work with consultants in the Southwestern Bell Telephone Company rate case. It has been requested that each city pay 3~ per capita (based on the population shown by TML. Members of the Commission agreed to participate in the TML sponsored pro- gram and authorized the City Manager to complete the application and pay the required 3~ ,per capita. Mr. Rockenbaugh advised the Commission that he had met with Audrey Langley who is working on arrangements for the Park and Recreation Board's annual Splash Bash program and had requested an advance of $1,000. It was noted that this had been the usual procedure for funds for preliminary expenses incurred and would be returned to the city at the completion of the Splash Bash, together with any profits that were made. Director of Community Services Tom Carson advised that he would discuss with the Parks and Recreation Board Commissione:r<~RosenbaO:m 'ussp.ggestion that the name Splash Bash be extended to indicate other activities to be held during the day. Mr. Rockenbaugh advised that the final copy of the budget print-out had been proofed and was to be delivered to each residence in the city by Beacon Publishing Company. BOARD AND COMMITTEE MEETING MINUTES: Minutes of the regular meeting of the Parks and Recreation Board on July 22, 1980 was presented to the Commission for their information. ADJOURNMENT: With no ,further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:45 p.m. ~]ft~ ATTEST: ~~~ City Secretary 178 SPECIAL CITY COMMISSION MEETING AllgJ11'lt" lR, lQRO The City Commission convened in special session at the August 18, 1980, 7:30 p.m., with the following members presiding; Commissioners Horne, Maneval and Rosenbaum. and City Manager were also present. City Hall on Monday, present: Mayor Go1e, The City Attorney -"II ,j I 'j J I I [ '-------' Mayor Cole advised those in attendance that the purpose of the meeting was to review the proposed 1981 city budget, answer any questions that might be raised and to receive input from citizens regarding the proposed budget. In response to a question by Mayor Cole regarding the distribution of copies of the proposed bud- get, only three persons in attendance stated that they did not receive a copy. In response to a statement by Mr. Tom Browder, 6352 Buffalo Speedway, that he did not understand the franchise, Mr. Ferd Rieger, 6516 Brompton, advised that he had been advised by Houston Lighting & Power Company that the franchise tax shown on residential utility bills represented a "fee" rather than a tax. Mr. H. W. Goetzman, 2617 Wer1ein, was advised that sewer rates would be based on the amount of water metered in compliance with requirements of the Environmental Protection Agency and Texas Water Quality Board to secure a 75/25 grant for the construction of a new wastewater treatment facility. Commissioner Horne advised that the city was compelled to following rules that had been esthab1ishe~ in cOhnjudndctibon Wihth the grant request, but that he and other I~I members of t e Comm1ssion a ou ts t at construction of a new treatment plant was necessary at this time, based on the treatment quality during the extremely ~ dry weather during the summer and it was thought that inflow and infiltration into the system through bad sewer lines was more of a problem rather than treat- ment." Mr. Horne stated that the entire sewer collection system would be investi- gated in an effort to pinpoint certain bad areas and that the $490,850 included in the 1981 budget would possibly replace 2% of the defective lines as a begin- ning point for an ongoing program. Mayor Cole reviewed the departmental General Fund expenditures noting that some departments were higher in the proposed"budget such as Legal inasmuch as Judges and Prosecutors serving the Municipal Court had been moved out of the Muniicpa1 Court budget into the Legal Budget; Inspection was also noted to be higher inas- much as all inspection activities would be in~~uded in such budget. In response to a question by Mrs. Peggy Bray, 3519 Rice Boulevard, Mayor Cole stated that during budget hearings last year citizens were told that backdoor pickup was one of the causes for a proposed increase in the Solid Waste Manage- ment budget, but that those residents in attendance indicated they still wanted their garbage picked up at their backdoor. Mayor Cole advised that plans were being made for an experimental program in September whereby garbage and trash would be picked up together twice each week, with only recycling material picked up on the third day; Mayor Cole reviewed cost that could be eliminated by the use of plastic bags and curbside pickup. I t ~ n a u 179 Mayor Cole advised that only $14,000 would be ramsed by a 1% tax increase and that it was believed that an increase in fees would not only generate additional capital but would be more acceptable to the majority of ,the citizens. Mrs. Susan Christ. 4102 Southwestern, was advised that there was no reason why garbage and trash could not be picked up on the same day. Mrs. F. L. Worley, 2735 Talbot, stated that she believed citizens ,would have so many problems with dogs getting into garbage cans and cans left on streets for longer than necessary would pose many problems and she was still in favor of backdoor garbage pickup. Mrs. Lexie Hazlett. 6420 Sewanee. stated that she did not want strange men in her yard and had to put her garbage outside the fence and it would not be a problem for her to put it at the curb noting that the service would cost less and be no more trouble than it is at the present time. Mayor Cole reviewed Water/Sewer Fund revenues with special note to the transfer of funds to the General Fund to defray costs of personnel. cashiers, billing clerk. etc., who function as a part of the water/sewer operational costs. Mr. Duke Landry. 3756 Rice Boulevard, asked if the 7% included in the'proposed budget for salary increases for city employees would be sufficient in view of the fact that the school and county are using 14% and that it appears that the City of Houston will also use 14%. Mayor Cole noted that the proposed 1981 bud- get included three less employees and that turn-over in most departments would likely make additional funds available. Mayor Cole reviewed personal services included in the proposed budget noting increases that would be experienced in cost of Social Security and Texas Municipal Retirement System over the 1980 costs. Mayor Cole also reviewed cost increases that had been experienced in the price of unleaded gasoline purchased by the city between January of 1979 and July of 1980. adding that the city did have a contract for the purchase of gasoline. Following a general discussion among those residents rema1n1ng at the meeting and members of the City Commission. the Public Hearing adjourned at 10:00 p.m. 9. .~ ~2tL ATTEST: ~~ City ecretary I' 180 SPECIAL CITY COMMISSION MEETING August 20, 1980 The City Commission convened in special session at the August 20, 1980, 7:30 p.m., with the following members presiding; Commissioners Horne, Maneval and Rosenbaum. City Manager were also present. City Hall present: The City on Monday, Mayor Cole, Attorney and Mayor Cole advised those in attendance that a special meeting had been called in order to discuss the purchase of a police patrol unit to replace one that had been involved in an accident on Friday evening, August 15th. City Manager Dick Rockenbaughread the following recommendation from Chief of Police Frank Robinson. I have contacted General Motors Division and have learned that Jay Marks Chevrolet in La Porte, Texas has one 1980 Chevrolet . Impala police package fully loaded with a 350 cubic inch V-8 at a cost of $8630.00. This is the only police package in the area. In addition, I have obtained a price quote on a standard Chev- rolet Malibu 1980 mOdel from Jimmy Greene Chevrolet and Bob Rob- ertson Chevrolet: 1. 2. Jimmy Greene Bob Robertson $7,000.00 $6,580.00 V-8 V-6 I feel the Chevrolet Impala police package is too large and will be costly to operate in addition to the high purchase price. In view of the fact that we have two new cars on order I am recom- mending th~ purchase of a standard Chevrolet Malibu from Bob Robert- son Chevrolet. I will place my unit, which is a the new car as a chief's car. I for me to have a police package. economical approach. police package, in service and use do not feel that it is necessary To me, this seems to be the most I am requesting authorization to make an emergency purchase. I would sincerely appreciate your assistance in this matter. Thank you. Discussion by members of the Commission included that the current unit driven by the Chi~f of Police is a 1978 Nova with 33,000 miles on it, and that after being re-assigned as a patrol unit will be used as a trade-in on one of the 1981 units included in the porposed 1981 budget. In response to questions by members of the Commission regarding the necessity for the unit assigned to the Chief to be a police package, Chief Robinson re- sponded that as Chief of Police he will not be chasing people in cars and he u Il u Il U u c u 181 did not believe that the police package was necessary even though he might have to put his unit on the line in another emergency situation was encountered. In response to a question by Commissioner Rosenbaum, Chief Robinson stated that the equipment in Unit #102 was not damaged in the accident and' that any addi- tional equipment required in the new unit to be assigned to the Chief was on hand. City Manager Dick Rockenbaugh concurred with the recommendation of Chief Robin- son that the new unit to be purchased should be assigned to the Chief and the unit currently assigned to the Chief be assigned as a patrol unit. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Manager be authorized to purchase a 1980 model Chevrolet Malibu with V-6 motor from Bob Robertson Chevrolet for a purchase price of $6,580.00. Voting Aye: All Voting No: None Motion by Commissioner Horne, seconded by Commissioner Maneval, that purchase of an automotive unit for use of the Police Department is an emergency that should be corrected as soon as possible and the usual bid process not be fol- lowed. Voting Aye: All Voting No: None Upon motion duly made, seconded and carried, the special City Commission meeting was adjourned at 7:45 p.m. Mayor Cole announced that the second Public Hearing called to discuss the pro- posed 1981 budget was now in session. In response to a question from Mr. W. R. Grice, 3423 Albans, regarding the fund showing the unexpended bond funds that had been voted in 1976 and voters were recently asked to transfer, Mr. Grice was referred ,to the financial statement prepared by auditors Coopers & Lybrand showing capital projects. Director of Finance Patrick O'Connor reviewed the fund equities with a combined total of funds-remaining in the Drainage Construction Fund and funds unexpended in the Street Paving Fund which voters were asked to transfer. Mr. O'Connor noted that the total amount of the funds exceeded the original amounts of bond funds voted because of earned interest. Mayor Cole advised that there were a total of 9~ blocks within the city without curbs and gutters with 5~ of such blocks located in the College Court Addition and that inasmuch as petitions had been received from two of such blocks it was hoped that improvements would soon be made in that area. , Mayor Cole reviewed proposed General Fund revenues, noting the increase antici- pated in garbage collection fees as a result of increased charges. Mayor Cole stated that garbage collection fees had not been increased since August, 1977 when such fees were increased from $2.00 per month to $4.00. Mayor Cole then reviewed an experimental program that will become effective in September to de~ termine the advisability of picking up garbage and trash on the same day with recycling material being picked up allover the city on one day each week. 182 Mayor Cole then reviewed proposed General Fund expenditures by each department, explaining to the five (5) residents in attendance at the meeting reasons for increases or decreases in each departmental budget. il'. I . ! i L3 In response to a question by Mrs. Frederick Trulan, 6023 Charlotte, regarding the necessity for all of the increase proposed in garbage collection fees if trash and garbage are picked up on the same day, members of the Commission ex- pressed the hope that all of the increase might not be necessary if the experi- mental program proves successful; that the proposed rate increase would not be- come effective until January 1, 1981; and.that only a certain area of the city would be affected by the experimental program. Mr. L. B. Bricker, 3224 Sunset, was advised that the anticipated increase in tax collections from $1,141,958 in 1980 to $1,214,000 in 1981, was because of the construction of new townhouse projects that would not be complete in 1980 but would go on the 1981 tax rolls. Mrs. Trulan was advised that revenues from recycling are expected to decrease in 1981, because the city no longer has a market for the sale of bi-metal and the price of paper fluctuates from average highs to very low. Mayor Cole then reviewed Water/Sewer Fund revenues, expenditures and the fund summary, noting proposed fee increases for water and sewer services, increased interest on investment (for which he expressed appreciation to Director of Finance Patrick O'Connor), the loan process entered into for funds to drill a new water well and the proposed 2% year sewer/water line replacement program. Mr. Bob Park, 3752 Plumb, acknowledge the great work that the Commission had done in the preparation of the 1981 budget and stated that the fact no one was in attendance to protest the contents demonstrated such effort. In response to a question from Mr. Park regarding the annual depreciation schedule it was explained that the 2% replacement cost would provide approxi- mately $90,000 for the proposed replacement of water/sewer lines. Mayor Cole emphasized the fact that most utility lines were between 30 and 40 years old and that no planned program for replacement had ever been initiated. Inasmuch as those residents in attendance had no further questions regarding the proposed budget, upon motion duly made, seconded and carried, the Public Hearing was adjourned at 9:15 p.m. ~a?!! tU ATTEST: ~/ ~~~ City Secretary lUI .~ ~ .. n o n 183 REGULAR CITY COMMISSION MEETING August 25, 1980 The City Commission convened in regular session at the City Hall on Monday, August 25, 1980,7:30 p.m., with the following members present: Mayor Cole, presiding, Commis- sioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City Manager were also present. Mayor Cole advised those in attendance that the third Public Hearing to consider the proposed budget for 1981 was now in session and asked for questions. Mrs. Pat Moore, 3103 University Boulevard, asked if members of the Commission had pur- sued other means by which needed funds could be raised other than an increase of $4.00 per month for garbage fees. Mayor Cole reviewed.for Mrs. Moore the number of employees required in the Sanitation Department to provide each residence with approximately 200 garbage pickups each year, cost of trenching at the sanitary landfill, cost of diesel fuel and other costs re- sulting in an annual budget for the Sanitation Department in excess of $500,000, not- ing that the Commission had made an effort to make the department self-supporting. In response to a comment by Mrs. Moore that she thought the $8.00 fee excessive, and that perhaps a $6.00 fee would be more reasonable, Mayor Cole explained thatal% in ad valorem taxes would only produce $14,000 and that property owners not using city services would be paying for those who were using such services. . Mayor Cole reviewed efforts made by the City Commission to fully advise all residents in the city of the public hearings on the budget, the difficulty encountered in an effective method of communicating with residents of the city and the projects that had taken priority over a planned experimental program to upgrade garbage service and reduce costs for such service. Mr. Tom Browder, 6352 Buffalo Speedway, advised that consideration should be given to the erection of a large sign in front of the City Hall advising residents of im- portant meetings that would be forthcoming. Mr. Charles Endress, 3750 GeQrgetown, was advised that the recycling program was be- lieved to be very beneficial in view of the space participation in the program saved at the sanitary landfill site. Mayor Cole then extensively reviewed proposed capital outlay items included in the proposed 1981 budget, including many items that were requested by various departments but not included. Ms. Joan McCay, 3029 Carnegie, was advised that funds allocated in the proposed budget were for sewer line replacements and included no new sewer lines. Following a discussion by members of the Commission regarding funds allocated for pur- chase of a jet, vacuum truck for use in cleaning sewer lines, it was established that such purchase was included in the proposed 1980 budget. With no further questions from those persons in attendance at the meeting, Mayor Cole declared the Public Hearing closed and announced that following a short break the regular meeting of the City Commission would convene. 184 The regular meeting of the City Commission convened at 8:45 p.m. with Mayor Cole pronouncing the Invocation. Ordinance Number 1158 was presented to the Commission and-read in full: AN ORDINANCE LEVYING AND ASSESSING AN AJ). VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FOR THE YEAR 1980; PROVIDING THE BASIS OF ASSESSMENT OF APPRAISED VALUE AND PROVIDING FOR THE COLLECTION THEREOF AT THE RATE OF $1.42 ON THE ONE HUNDRED ($100.00) DOLLAR ASSESSED VALUATION. BE IT ORDAINED BY THE CITY COMMISSION OF. THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That there is hereby levied and assessed against all taxable property, both real and personal, within the corporate limits of the City of West University Place, Texas, and there shall be collected by such city, a tax of $1.42 on the one-hundred ($100.00) dollar assessed tax valua- ation for the year 1980. Section 2. Such tax is hereby levied and assessed in accordance with the terms and provisions of Section 1 of Articl~ XXI of the City of West University Place City Charter and the applicable Statutes of the State of Texas, such levy and assessment is made for the following purposes to finance a certain portion of the 1981 budget, to wit: (A) For current expenses and operation of the General Fund and its various departments $ 1. 27 (B) For General Debt Service Fund to pay the principal, interest and fiscal agent's fees on $1,400,000 bond issue of the city Total Tax Rate .15 $ 1.42 Section 3. That the Tax University Place, Texas, is hereby all of the property, both real and the City of West University Place, valuations as herein provided. Assessor and Collector for the City of West directed to assess and collect taxes on personal, within the corporate limits of Texas, on the basis of 70% of appraised PASSED AND APPROVED this day of , 1980. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that Ordinance Number 1158 be approved as read. Voting Aye: All Voting No: None Ordinance Number 1159 was presented to the Commission and read in full: AN ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1981, AND ENDING DECEMBER 31, 1981, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING THE NECESSARY FUNDS OUT u o u 185 OF THE GENERAL AND OTHER REVENUES OF THE CITY OF WEST UNI- VERSITY PLACE FOR SAID YEAR FOR THE MAINTENANCE AND OPERA- TION OF THE,)TARIOUS. DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY WHEREAS, as required by the City Charter, the budget has been prepared and submitted to the City Commission with estimates of expendi- tures and revenues of all city departments and activities for the year beginning January 1, 1981, and ending December 31, 1981. WHEREAS; notice of public hearings upon said budget has been duly and legally published; and WHEREAS, three public hearings have been held and full and final consideration given said budget; and WHEREAS, citizen participation, input and suggestions regarding the budget'were considered by the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That for the purpose of providing the funds necessary and proposed to be expended in the budget for said city for the fiscal year beginning January 1, 1981, and ending December 31, 1981, the budget was pre- pared and submitted to the City Commission for its consideration and approval, and said budget in the total amount of $4,559,798.be, and the same is hereby, appropriated for the maintenance and operation of the various departments of the government of the city and the various activities and improvements as set forth in said budget. Section 2. That the .said budget of the City of West University Place, Texas, for the fiscal year beginning January 1, 1981, and ending Decem- ber 31, 1981, an exact copy of which is marked, "ExhibitA"and made a part hereof for all purposes the same as if it were copied in full herein, is here- by approved and adopted by the City Commission of the City of West University Place, Texas, as the budget for the city for the fiscal year 1981. Section 3. That this ordinance approving and adopting a budget for the twelve-month period hereinabove specified is made in all things in accor- dance with the terms and provisions of the City Charter of the City of West University Place, Texas. Section 4. That this ordinance shall take effect and be in force immediately from and after its passage and approval as required by law. PASSED AND APPROVED this day of , 1980. n 186 EXHIBIT "A" CITY OF WEST UNIVERSITY PLACE BUDGET FOR TWELVE-MONTH PERIOD BEGINNING JANUARY 1, 1981 ENDING DECEMBER 31, 1981 1'---' ! ,I LU ITEM 1 I N COM E ANTICIPATED INCOME & FUNDS AVAILABLE FOR APPROPRIATION" General Fund Taxes $ 1,737,500 Licenses & Permits 67,000 Fines 120,600 Interests, Investments 166,000 Rents 70,400 Solid Waste Management 525,000 Services 20,150 Colonial Park Revenue 123,500 Community Building Revenue 74,000 Water/Sewer Fund Reimbursement 80,000 Decrease in Fund Balance 96,276 Il U Total Available Revenue - General Fund $ 3,080,426 Water/Sewer Fund Interest on Investment Miscellaneous Revenue Water Sales Sewer Fees Meter Installations Total Available Revenue - Water/Sewer Fund $ 50,000 5,000 664,900 425,100 5,000 89,000 $ 1,239,000 Depreciation Allowance General Debt Service Fund Current Tax Collection Delinquent Taxes Interest on Investment Total Available Revenue - General Debt Service Fund $ 140,000 10,000 8,800 lJ $ 158,800 187 Federal Revenue Sharing Trust Fund n Interest on Investments $ 10,000 Grand Revenue 30,000 Decrease in Fund Balance 42,475 Total Available Revenue - Federal Revenue $ 82,475 Sharing Trust Fund ITEM II E X PEN S E OPERATING EXPENSES General Fund Legislative/Policy $ 123,677 Administrative/Executive 65,386 Municipal Court 31,332 Finance 228,050 Personnel/Purchasing 45,428 Legal 36,850 0 Police 594,240 Fire 508,970 Inspection/Permit 79,903 Engineering 85,624 Street 294,463 Solid Waste Management 541,540 Building/Facilities 139,886 Parks 39,967 Recreation 234,603 Senior Services 30,507 Total General Fund Expenditure $ 3,080,426 Water/Sewer Fund Water Sewer Collection Sewer Treatment $ 516,910 112,700 117,637 Total Water/Sewer Fund Expenditure $ 1,238,097 n 188 General Debt Service Fund Principal & Interest Fiscal Agent's Fees $ 158,600 200 r 1 U Total General Debt Service Fund Expenditure $ 158,800 Federal Revenue Sharinl2: Trust Fund Capital Outlay -1' $ 82,475 Total Federal Revenue Sharing Trust Fund Expenditure $ 82,475 TOTAL INCOME TOTAL EXPENDITURE $ 4,560,701 4,559,798 Motion by Commissioner Horne,. seconded by Commissioner Maneval, that Ordinance Number 1159 be approved as read. Voting Aye: All Voting No: None I-l tJ CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on August 11, 1980, and Public Hearings held on August 18th and August 20th were presented for consideration. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that minutes of the regular meeting of the City Commission on August 11, 1980, and Public Hearings held on August 18th and August 20th, be approved as submitted. Voting Aye: All Voting No: None HEARING OF RESIDENTS: Mrs. Barbara Townsend, 2916 Georgetown, advised the Commission that she would like very much to have her water meter read. Mrs .~Townsend stated that her meter is located in an adj:acent yard ana theownet oft4e p:wperty had made a flower bed around it. Mayor Cole assured Mrs. Townsend that one of the newly purchased remove meters could be installed to assure regular reading of the meter. Mr. C. P. Endress, 3750 Georgetown, was advised that a postcard survey of de- sired fence heights had replaced the August edition of the City Currents, but efforts would be resumed to have an issue included with the September water bills. Mayor Cole also advised Mr. Endress that property had not been revalua- ted in West University and reviewed for those present the status of the Harris County Appraisal District. n L-J n 189 CONCERNS OF THE CITY COMMISSION: Commissioner Horne requested that the record re- flect that he had waited from 5:55 until 7:00 p.m. for a University bus and that his personal dissatisfaction, as well as that of many other residents, made it impossible for him to support a multi-million dollar service by MTA outside the Loop when there is no system inside the Loop. Commissioner Rosenbaum was advised that there was a difference of opl.nl.on be- tween the insurance carrier and an estimator with regard to the police unit which had been wrecked. Members of the Commission were advised that the unit will be removed from the parking lot in the near future. Commissioner Maneval stated that on Sunday he had an opportunity to watch mem- bers of the Public Works Department in their efforts to repair a broken water main on Wakeforest and that not only was he impressed but that' he had received numerous favorable comments from residents living in the area with the fact that employees were working on Sunday to repair the leak. Commissioner Ahrens was advised that posting "No Parking" signs generally indicate plans by Mr. Rearden to top a street. Mr. Carson and Mr. Pancerhi agreed to investigate Commissioner Ahren's complaint that the chlorine situa- tion was still very bad at the swimming pool. CHLORINE REQUIREMENTS: In accordance with previous action of the City Commission, bids received' for delivery of annual chlorine requirements were opened and re- sults announced as follows: 0 Dixie Chemical Company - 2,000 lb. containers $0.145 per pound 1,500 lb. cylinders $0.207 per pound Jones Chemical, Inc. - 2,000 lb. containers $9.12 per pound 1,500 lb. cylinders $0.26 per pound Weskem, Inc. - No Bid n Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that bids re- ceived for delivery of approximately 40,000 pounds of liquid chlorine in ton containers and approximately 15,000 pounds of liquid chlorine in 150-1b. cylin- ders be referred to the City Manager for evaluation and recommendation. Voting Aye: All Voting No: None PLAYGROUND EQUIPMENT: Director of Community Services Tom Carson presented the follow- ing recommendation for purchase of playground equipment for Judson and Colonial Parks on which bids were received on August 11, 1980: I've discussed these bids with members of the West University Parks Board and also the neighborhood group at Judson Park, the results being thei~ agreement with my. recommendation. The bids discussed below will be taken item by item.. A. Ramble Climber or Equivalent: Persenaire Products meets all specifications whereas Miracle Recreation has bid $665.00 less but the equipment does not meet the specifications and Knori Associates have no pictures of their equipment bid since they are using the specs we sent L--J.:..I1"" I" .ICk" ~.-....'i......... ._ 190 them to design their version of this piece, therefore we have nothing to go by. Recommendation - To accept the bid of $2,868.00 by Persenaire Products based on specs. lJ B. Double Slide Climber or Equivalent: Low bid was made by Knori but, as in previous description we have nothing to go by. Persenaire is next low bid and meets all specs. Miracle's equipment is, high bid and also does not meet the specs. Recommendation - To accept bid of $1,553.00 by Persenaire. C. 3-Leve1 Balance Beam: Low bid is Miracle but does not meet total specs, beams are 4" x 4" and their product weighs 183 lbs. Next lowest is Persenaire, $195.00, this item meets all specs plus it weighs' substantially more, 342 1bs., than the Miracle item. Knori, again, is designing their piece with the specs we sent them. Recommendation - To accept the bid of $195.00 by Persenaire. D. Climbing Pole: Low bid is Knori but, again they are designing this piece from our specs. Next low bid is Persenaire, it meets all the specs. Miracle meets the specs but it is high bid. Recommendation - To accept the bid of $407.00 bypersenaire. E. Aluminum Bench: Low bid is by Persenaire and it meets all specs. Recommendation - To accept bid of $174.00 by Persenaire. u F. Sheltered Picnic Table: Persenaire and Miracle meet the specs and Persenaire is the low bid. Recommendation - To accept bid of $777.00 by Persenaire. G. Waist-Hi Barbeque Stove: Low bids are by Persenaire and Knori ($72.00). Persenaire's meets the specs and Knori's does not. Recommendation - To accept the bid of $72.00 each, total bid $648.00 by persenaire. H. Picnic Table Frames: All bidders meet specs. Low bid is Miracle, $87.00 each, total $348.00 and next low is Persenaire, $94.00 each, total $376.00. High bid is Knori, $99.00 each, total $396.00. Recommendation - I have recommended acceptance of the bid by Persenaire on all equipment items up to this point. Since there is only a $7.00/item difference between Persenaire and the low bidder, Miracle, I am recommending we accept the bid of $94.00 each, total $376.00 by Persenaire, thus awarding the total bid of all equipment to Persenaire Products for $6,998.00. u Mr. Carson also presented a poster display showing photographs of each of the items bid and a concurrence with his recommendation by the Simmons Park Action Committee for the Environment. n o n 191 Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that based on the recommendation of the Director of Community Services, Parks and Recreation Board and Simmons Park Action Committee that the bid submitted by Persenaire Products be accepted for delivery of playground equipment forC9lonia1 and Judson Parks. Voting Aye: All Voting No: None WATER WELL #7 AND TRANSMISSION LINE: An invoice in the amount of $1,911.91 submitted by Langford Engineering, Inc. for professional services rendered on drilling of water well #7 and a 12" water transmission line was presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City Commission approve for payment an invoice in the amount of $1,911.91 submitted by Langford Engineer, Inc. Voting Aye: All Voting No: None WATER WELL #7: Monthly .Estimate #5 in the amount of $26,505.00 submitted by Layne- Western Company for work completed on water well #7 was presented for considera- tion. Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the re~ commendation of the Director of Public Works be accepted and the City Commis- sion approve payment of Estimate #5 in the amount of $26,505.00 to Layne- Western Company. Voting Aye: All Voting No: None SANITARY LANDFILL TRENCHING: An invoice in the amount of $7,721.98 submitted by John G. Holland Construction Company for the excavation of 5,759 cubic yards of trench at the sanitary landfill site was presented for consideration. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that the City Commission approve for payment an invoice in. the amount of $7,721.98 submitted by Holland Construction Company. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised that a suit had been filed by an inmate at TDC against members of the former City Commission, former Police Chief Bill Norman and former Patrolman Bill Schroeder. Mr. Allums noted that he would check with the insurance carrier to determine the city's position in the suit. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that on Sunday over 5.5 million gallons of water had been pumped and that a number of water leaks were being repaired. Mr. Rockenbaugh gave the following current results of the postcard survey being conducted to determine residential preference with regard to fence heights: 1834 cards mailed in first cycle billing 1799 cards mailed in second cycle billing 715 cards returned 487 cards expressed preference fo 8' fence 195 cards expressed preference fo 6' fence 33 cards expressed no preference 1o? u...., BOARD AND COMMITTEE MINUTES: Minutes of the following Board and Committee meetings were presented to the Commission for their information: Electrical Board meeting on August 18, 1980 Zoning and Planning Commission meeting on August 14, 1980 Zoning Board of Adjustment meeting on August 20, 1980 Commissioner Rosenbaum expressed appreciation to City Manager Dick Rockenbaugh and Director of, Finance Patrick O'Connor for all of .their assistance during the budget process. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 10:00 p.m. ~fUe Mayor ATTEST: 4~~~ City Secretary [ [ lJ n o [1 193 REGULAR CITY COMMISSION MEETING September 8, 1980 The City Commission convened in regular session at the City Hall on Monday, September 8, 1980, 7: 30 p.m., with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Horne and Rosenbaum. The City Attorney and City Manager were also present. Commissioner Maneval was absent. The Invocation was pronounced by Commissioner Horne. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on August 25, 1980, were presented for consideration. Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of the City Commission on August 25, 1980, be approved as submitted. Voting Aye: All Voting No: None HEARING OF RESIDENTS: Mrs. Lexie Hazlett, 6420 Sewanee, appeared before the Commis- sion to express her opposition to the construction of e~ght (8') foot fences within the city. Mrs. Hazlett noted that there was such a fence next door to her home which cut off air and sunshine and gave her living room a prison ap- pearance. Mrs. Hazlett stated that it was her belief that most residents of West University did hot realize what happens when an eight (8') foot fence is constructed between two residences. Mrs. Dorothy Clary, 4131 Ruskin, stated that there were not as many trucks parked on the street in the 4100 block of Ruskin as had been reported earlier. CONCERNS OF THE CITY COMMISSION: Commissioner Rosenbaum was advised that an investi- gatiun would be made as to the reason "No Parking This Side of Street" signs were out of the ground and laying on the curb at Wes1ayan and Coleridge and Weslayan and Arnold. Commissioner Ahrens was advised that efforts will be made to organize a meeting of the current Parks Fund Board in order to re-activate the group. It was explained to Commissioner Rosenbaum that the reason for the West Univer- sity Swim Team becoming associated with the Clear Lake group known as "Scat" was because of a lack of funds as well as participants in the local group. It was further explained that ei1:her group was, free to withdraw their participation and that the city's only involvement was permitting the use of the pool facilities. Commissioner Ahrens was advised that two oleander bushes had been removed from the site of the foot bridge at Tang1ey and Ed10e, but that it was believed that two more should be remuved to insure safe crossing for school children. It was also reported that Street Superintendent A. L. Bearden would install reflectors and paint the rails white. Mayor Cole was advised that no information was available about the possible ship- ping date of the book drop ordered for the Library and that the experimental gar- bage and trash pick-up program was now in progress. 194 CONSTITUTION WEEK: Mayor Cole presented the following Proclamation: WHEREAS, the Constitution of the United States of America gives us the foundation for a free, prosperous, and independent life for every citizen, but each generation, in time, must work for and claim it; ~ otherwise, through carelessness or indifference, the rights and liberties we have enjoyed may vanish; and WHEREAS, it is of the.greatest consequence that the citizens fully understand the provisions and principles contained in the Constitution of the United States of American in order to be able to support it properly as, "The greatest document for human liberty in two thousand years of re- corded history": and WHEREAS, the people of the United States should be deeply grateful to their Founding Fathers for the wisdom and foresight they displayed in writing and adopting the Constitution; and WHEREAS, the independence granted to the American people to enjoy such freedom and liberty, unknown to any other country, should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as designated by proclamation of the President of the United States in accordance with Public Law 915. NOW, THEREFORE, I, James M. Cole, by virtue of the authority vested in me as Mayor of the City of West University Place, in the State of Texas, do hereby proclaim the week of September 17 through 23, 1980, as l J CONSTITUTION WEEK and urge all citizens to study the Constitution, to express gratitude for the privilege of American citizenship in our Republic functioning under the superb body of laws - the Constitution of the United States of America. IN WITNESS WHEREO~ I have hereunto set my hand and caused the seal of the City of West University Place, Texas, to be affixed at West University this eighth day of September, in the year of our Lord one thousand nine hundred and eighty and the Independence of the United States of America, the two hundred and fourth. CHLORINE REQUIREMENTS: The following recommendation from Director of Community Services Tom Carson and Director of Public Works David Eby for purchase of annual chlorine requirements was presented to the Commission: After carefully studying the bids submitted, we're recommending the acceptance of the bid from Jones Chemical, Inc. for: 1. 40,000 1bs. liquid chlorine in one-ton containers: $0.12/1b. Total: $4,800.00 2. 15,000 1bs. liquid chlorine in 150 lb. containers: $0. 26/1b. Total: $3,900.00 ! ---., ----..J o [' 195 Total bid by Jones Chemicals, Inc. is $8,700.00. This total bid is $205~00 less thandDixie Chemicals total bid of $8,905.00. . Motion by Commissioner Ahrens, seconded by Commissioner Horne, that the recom- mendation of the Director of Community Services and Director of Public Works be accepted. and annual chlorine requirements be purchased from Jones Chemicals, Inc. Voting Aye: All Voting No: None MISCELLANEOUS AND SURPLUS EQUIPMENT.: Bids received for the purchase of one Mue11ar tapping machine and miscellaneous equipment removed from water well #3 were opened and results announced as follows: Tapping Machine Wayne Baker, E1.. Campo, Texas Ray Joslin, Porter. Texas $476.80 517.50 No Bids were received on the water well equipment Motion by Commissioner Horne, seconded by Commissioner Ahrens, that bids received for purchase of one Muellar tapping machine be referred to Director of Public Works David Eby with the authority to accept the bid of Ray Joslin of $517.50 if appropriate. Voting Aye: All Voting No: None RE-APPOINTMENTOFMUNICIPAL COURT ASSOCIATES: The Commission was advised that in accordance with the provisions of the City Charter consideration should be given to the ie-appointment of Municipal Court Associates. Motion by Commissioner Rosenbaum, seconded by Commissioner Ahrens, that Michael Schneider and Terry Collins be reappointed Municipal Court Judges and Thomas Taylor reappointed Municipal Court Prosecutor. Voting Aye: All Voting No: None ON CALL FIRE PERSONNEL: Resolution Number 80-20 was presented to the Commission and read in full: WHEREAS, the City Commission of the City of West University Place, Texas~ has heretofore, by ordinance, created a regular paid Fire Department; and WHEREAS, it is desired to provide for additional firemen on a part.... t ime basis to assist the fu11,-time firemen, if an when necessary, in the preventing and extinguishing of fires in the,:_citzy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: 196 Section .1.. The Chief:. of the Fire Department is hereby authorized to employ such individuals as he shall deem necessary on a part-time basis to assist the full time firemen in the prevention and extinguishing of fires in the city. Section 2. Persons employed on such part-time basis shall be designated "on call" personnel. Section 3. Such "on call" personnel shall be under the dir- ection of the Fire Chief, or in his absence, of the captain on duty, or designated person in charge of the station. Such "on call" personnel shall have such duties and responsibilities as promulgated by the Fire Chief and shall be subject to. the operating rules and procedures of the Fire Department. Section 4. Such lion call" personnel shall be paid on the basis of the rates prescribed as follows: A) $10.00 for each authorized training drill attended. B) $10.00 for the first hour of attendance at a general alarm fire, plus an additional $5.00 per hour for each hour worked. C) Any amounts due to such "on ca11" personnel based on the above.prescribed rates shall be paid on an annual basis at such time as designated by the Fire Chief, provided how- ever, that in the event a member of the "on call" person- nel terminates his services he shall be paid as soon as practical thereafter. D) The Fire Chief, or senior officer on duty, shall certify the attendance of the. "on ca1l"personnel at all drills and fires and the number of hours served. Section 5. The "on call" personnel shall be those persons who are selected and requested by the Fire Chief and approved by the City Manager. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that .Reso1u- tion Number 80-20 be approved as read. Voting Aye:. Ahrens, Horne, Rosenbaum Voting No: Cole HARRIS COUNTY COMMUNITY DEVELOPMENT REQUEST: City Manager Dick Rockenbaugh advised the Commission that he had talked withMt. Lester Simon, Director of the Harris CountY,lCommuni:\ly Development Association regarding a request that the City of West University Place permit its population bobe included with that of Harris County for Community Development Funds. Mr. Rockenbaugh explained that the city had been requested to submit a Resolution to either "Opt In" or "0pt Out" of such program and that inasmuch as there was not much chance that the city would ever be able to participate in the sharing of Community Development funds it was a matter of choice. 1-1 ~ I 1 L-J I 1 L c o lJ 197 Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that con- sideration of joining Harris County to participate in the Community Develop- ment Program be referred to the Long Range Planning Committee. Voting Aye: Al.l Voting' No; None RADAR UNIT FOR POLICE DEPARTMENT: A request was presented to advertise for bids for purchase of a radar unit for use by the Police Department. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that the City Manager be authorized to advertise for bids for purchase of a radar unit. Voting Aye: All Voting No: None COMMERCIAL MOWER FOR PARKS DIVISION: A request was presented to advertise for bids for purchase of a riding lawn mower for use of the Community Services Department. It was pointed out that the mower would be used to cut each of the city's parks, lawns at the City Hall, Community Building and Library and other areas. Members of the Commission instructed that mowers manufactured by John Deere, International Harvester, etc. be examined. Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that the City Manager be authorized to advertise for bids for purchase of a riding lawn mower. Voting Aye: All Voting No: None VACUUM PUMP FOR RECREATION DIVISION: Following a discussion regarding exhaust that might be caused by the use of a gasoline engine on a vacuum pump for the swimming pool the request to advertise for bids for the purchase of a vacuum pump was re- ferred back to Director of Community Services Tom Carson for additional informa- tion. MICROWAVE OVEN AND FOOD FREEZER FOR POLICE DEPARTMENT: The City Manager was instructed to refer the request for the purchase of 'a microwave oven and food freezer back to Chief of Police Frank Robinson with a request that the Consumers' Guide be checked to determine recommended models. LEGAL MATTERS: City Attorney David Allums reported that a suit .had been filed against members of a previous City Commission and that he had filed a motion for dismissal of the Gray matter. STAFF REPORT: In response to a question by City Manager Dick Rockenbaugh regarding a reply to the request filed by the Charter Commission, members of the Commission advised that funds had been included in the 1980 Budget and 1981 budget to defray any expenses incurred in conjunction with the preparation of a new City Charter and that Mr. Rockenbaugh address a letter to the Charter Commission advising the procedure to be followed in making requests for funds for required expenditures. It was the decision of the City Commission to have a workshop session onWednes- day, September 10th even though Commissioners Horne and Maneval would be unavail- able. The City Manager was instructed to advise the Y.M.C.A. that provl.sl.ons of the Building Code prohibited the moving of temporary buildings into West University 198 and they would not be permitted to do so. . ...--~ . r___ ~~~ ~r - Members of the Commission requested that members of the.Fire Department be congratulated on the work they did on the major fire on Fenwood and that the Captains be advised that the Commission appreciated the excellent reports filed. It was further instructed that members of the Police Department and Houston Para-Medics be thanked for the assistance they rendered at the site of the fire. ATTEST: iffQ./ ~~ Cit Secretary ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 9:00 p.m. ~?1~ d. .. I L..J : I ~ u u o lJ 199 REGULAR CITY COMMISSION MEETING September 22, 1980 The City Commission convened in regular session at the City Hall on Monday, September 22, 1980, 7: 30 p.m., with the following members present: Mayor Cole, presiding, Commissioners Ahrens, Horne and Maneval. The City A.ttorney and City Manager were also present. The Invocation was pronounced by Commissioner Maneval. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on September 8, 1980, were presented for consideration. Motion by Commissioner Horne, seconded by Commissioner Ahrens, that minutes of the regular meeting of the City Commission on September 8, 1980, be approved as submitted. Voting Aye: All Voting No: None COUNCIL ON AGING: Motion by Commissioner Maneval, seconded by Commissioner Horne, that Mr. William Marshall, 3718 Robinhood, be appointed to serve as a member of the Council on Aging. Voting Aye: All Voting No: None Mayor Cole administered the Oath of Office to Mr. William Marshall as a member of the Council on Aging. HEARING OF RESIDENTS: There were no persons in attendance at. the meeting with mat- ters they wished to bring to the attention of the Commission. CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens advised that he had received a number of compliments to repairs that had been made to the foot bridge across Poor Farm Ditch at Tang1eyand wanted to commend staff members on the removal of the oleanders. Mayor Cole was advised that the Police Department continues to monitor parking on Ruskin Street and that the bookdrop ordered forinstal1atiorLat the Library was en route. HOUSTON LIGHTING & POWER COMPANY RATE INCREASE: Mr. LeRoy Gardner, District Manager, Houston Lighting & Power Company, advised the Commission that agreement between various parties interested in the rate application had been reached with a resulting rate increase approval of $135,000,000 over the entire service area. Mr. Gardner requested that the Commission consider prompt action to adopt the final order of the Public Utility Commission in order that all rates based on the PUC's final order be placed into effect as soon as possible. Ordinance Number 1160 was presented to the Commission and read in full: AN ORDINANCE REQUIRING THE HOUSTON LIGHTING & POWER COMPANY TO FILE MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SHCEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEAL~ INGANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH 200 MAY BE IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, on June 30, 1980, Houston Lighting & Power Company (HL&f) filed with the City of West University Place a request for an increase in rates to be charged within the City in the amount of $214 Million per year on a system-wide basis; and I J WHEREAS, the City suspended the effective date of such pro- posed rate increase for 120 days beyond August 5, 1980; and WHEREAS, the City Commission, having reviewed the Company's rate filing package and supporting testimony as well as the Final Order of September 15, 1980, of the Public Utility Commission of Texas regarding the same rate application in Docket No. 3320, is of the opinion that a lesser increase in rates should be approved by HL&P; and WHEREAS, the City Commission finds that the total increase approved by the Final Order in Docket No. 3320 will provide revenues that are adequate to the Company and will result in rates that are just and reasonable to both customers and the company. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Commission of the City of West University Place orders the Houston Lighting & Power Company to file rate schedules to be effective within the City of West University Place I \ identical to those rate schedules filed with and approved by the Ii ) Public Utility Commission of Texas pursuant to the Commission's Final ~ Order in Docket No. 3320. Section 2. The rates set forth on such rate schedules are those under which said Company shall be authorized.to render electric service and to collect charges from its customers for the sale of electric power and energy within the City of West University Place until such time as said rate schedules may be changed, modified, amended or withdrawn as provided by law, but shall not be in excess of rates approved by the Public Utiiity Commission for any other municipality pursuant to the rate filing of HL&P on June 30, 1980. Section 3. The rate schedules filed by Houston Lighting & Power Company shall be effective from and after final passage of this ordinance and shall apply to each customer of HL&P within the City of West University Place for electricity consumed after the date of filing with the City, which date shall not be prior to October 1, 1980, and may not be charged for electricity consumed prior to such date. Section 4. That this ordinance constitutes the final action of the City Commission of the City of West University Place in determining the rates for the sale of electric power and energy by Houston Lighting & Power Company within the City of West University Place in accordance with Section 43(f) of the Public Utility-Regulatory Act. day of , 1980. u PASSED AND APPROVED this D o D 201 Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Ordinance Number 1160 be approved as read. Voting Aye: All Vo~ing ~o : None City Attorney David Allums expressed appreciation to Mr. Gardner and the Houston Lighting & Power Company for the inclusion of an economy schedule in the new rates. LIBRARY RAILING: Following the presentation of a request to advertise for bids for the installation of safety railing on the mezzanine and stairs at the Library, members of the Commission suggested various materials that might be used in- cluding p1exiglass, lexan and particle board. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Manager be authorized to advertise for bids for the installation of safety railing at the Library with an alternate provision for bidders to quote other than p1exig1ass or 1exan materials. Voting Aye: All.. Voting No: None SWIMMING POOL VACUUM PUMP: The Commission was advised that Sygyzy Constructs, Inc., who had installed the inflated cover over the swimming pool, had been contacted regarding the possibility of fumes arising from the use of a gasoline powered vacuum pump at the pool and such company had stated that there was only such possibility if the pump was used for long extended periods which would not be the case inasmuch as cleaning the pool requires only an hour or so. It was further noted that no fumes had been experienced when a gasoline powered water pump had been used to empty the pool when the bubble was removed in the spring. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Manager be authorized to advertise for bids for the purchase of a vacuum pump for use at the swimming pool. Voting Aye: All Voting No: None SANITARY LANDFILL Ag~IS~: The Commission was presented an invoice in the amount of $1,000 submitted by Mr.T. N. Edmonds, Sr. for an appraisal 6f the property located at the city's sanitary landfill site. Mayor Cole explained that the Commission had requested an appraisal of the pro- perty as a result of consideration being given to the participation in a transfer operation with the City of Be11aire and Gulf.. Coast Waste Disposal Authority and to a request by the Braeburn Valley West Little League for lease of a portion of the property for use as playing fields. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City Commission approve for payment a statement from Mr. T. H. Edmonds, Sr. in the amount of $1,000. Voting Aye: All Voting No: None CHARTER COMMISSION PUBLIC HEARING: The Commission was advised that approximately $2~OO would be expended in mailing out by first-class mail notice of a Public 202 Hearing to be held by the Charter Commission ,which printing, folding, envelopes, mailing labels, etc. McLaughlin, Chairman of the Charter Commission, had time should be given to staff members in event such sented~ such costs including postage, It was noted that Mr. Jim been advised that advance a request is again pre- I~l U Motion by Conlniissioner Maneval, secoridedby Commissioner Horne, that the City Commission approve payment of expenses incurred by the Charter Commission in conjunction with a Public Hearing to be held on October 2, 1980. Voting Aye: All Voting No: None Director of Finance Patrick O'Connor was instructed to charge expenses incurred by the Charter Commission to the budget of the City Commission. SANITARY SEWER LINE REPLACEMENT: The Gommissionwas advised that approximately 450' of sanitary sewer line between Academy and Fairmont would be slip-lined at a coStL estimated.at $5,000 rather than the first projected cost of $15,000. It was noted that city forces would do the labor under the guidance of Channel Construction Company. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City Commission authorize expenditures as required for slip-lining approximately 450' of sanitary sewer line. Voting Aye: All Voting No: None w UTILITY BILLING COMPUTER PROGRAM: A Program Product Lease submitted by Mr. Gilbert Garcia for the preparation of a complete utility billing program was presented to the Commission. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Commission authorize the City Manager to execute a Lease Agreement with Mr. Gilbert Garcia for the preparation of a utility billing program. Voting Aye: Cole Horne Maneval Voting No: Ahrens WATER WELL 117 and 12" WATER TRANSMISSION LINE: An invoice in the amount of $464.18 submitted by Langford Engineering, Inc. for professional services rendered on drilling water well #7 and the construction of a 12" water transmission line was presented to the Commission for consideration. Motion by Commissioner.Maneva1, seconded by Commissioner Horne, that the City Commission approve payment to Langford Engineering, Inc. in:the amount of $464.18 for professional services rendered. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised that Mr. Joe Damiani, attorney ;I.U"'I' for the plaintiffs in the suit Ash vs City of West University Place was basing his suit on the contention that Chapter XIX of the City Charter was the same as Civil Service. n o n 203 Mr. Allums also advised that he had contacted the city's insurance carrier in regard to a suit filed against a former City Commission and that converage had been denied. Mr. Allums suggested that a meeting be held with members of the Insurance Committee, representatives of the insurance carrier and members of the City Commission to review the city's entire insurance program including coverage and premium costs. STAFF REPORT: City Manager Dick Rockenbaugh advised that a proposal for the purchase of the police patrol unit which was wrecked had been received for $2,500 and it was his recommendation that the proposal be accepted as an emergency measure to dispose of the unit. Mr. Rockenbaugh also advised that it appeared that the sum of $4,500 would be received from the city's Uninsured Motorist Insurance coverage. Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the City Commission declare the disposition of a wrecked police patrol unit as an emer;. gencyand authorize the City Manager to accept the proposal of Cuni11 Motors for the purchase of the unit for the sum of $2,500. Voting Aye: All Voting No: None BOARD AND COMMITTEE MINUTES: Minutes of the following board and committee meetings were presented to the Commission for their information. Parks and Recreation Board meeting on August 26, 1980 Electrical Board meeting on September 15, 1980 PERSONNEL/PURCHASING DIRECTOR: Mr. Rockenbaugh introduced. Mr. Patt Lilly who has been employed as Director of Personnel and Purchasing. Mr. Lilly introduced his wife, Cari and reported that he would assume his duties with the city on Wednesday, September 24th. ADJOURNMENT:; With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:45 p.m. ~?J1 ~ ATTEST: ~~~ City Secretary 204 REGULAR CITY COMMISSION MEETING October 13, 1980 The City Commission convened in regular session at the City Hall on Monday, October 13,1980, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City Manager were also present. The Invocation was pronounced gy Commissioner Rosenbaum. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on September 22, 1980, were presented for consideration. Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that minutes of the regular City Commission meeting on September 22, 1980, be corrected to show that Commissioner Ahrens voted against a Program Product Lease submitted by Mr. Gilbert Garcia for a utility billing computer program and approved as corrected. Voting Aye: All Voting No: None CONCERNS OF THE CITY COMMISSION: Commissioner Maneval was advised that the city's mosquito control program is currently in progress with' thecify being sprayed each night. The program will continue as long as there are complaints regarding mosquitos. Commissioner Ahrens requested that the Police Department be instructed to in- crease surveillance inasmuch as there have been three break-ins at the West University Elementary School, three at the West University Methodist Church and six at St. Andrew's Presbyterian Church. Commissioner Ahrens advised that he met with the Safety Committee of the West University Elementary School PTA and that the School Trip Plan prepared by Mr. Huffman of the Office of Traffic Safety had' been presented. Mr. Ahrens further advised that the report of the Committee would be presented to the City Commis- sion in a workshop meeting. Mayor Cole advised that a meeting had been held at 10:00 a.m. Monday morning to hear citizens wishing to speak on Metro's funding request for federal funds for the Southwest/Westpark Corridor rail project. HOUSE FIRE ON FENWOOD: Mrs. Kathleen Bridges, 2720 Fenwood, yielded her place on the agenda to her husband, King, who presented the following: I am King Bridges, Jr. I reside at 2720 Fenwood Rd. in West University Place. My family and I have been privileged to be a part of the community since 1963. This presentation will be brief and hopefully to the to accuse or to ask for punitive action in any way. tive and we hope you will accept it in that light. point. We are not here Our purpose is construc- II {i lJ u D o D 2,05 I represent a group of concerned citizens. In the past few years we have apparently failed to express ourselves in the appropriate manner. We have finally learned that we should have appeared before this and previous councils and made our concerns an official part of the city's records. The net re- sult of several procedural errors and inaction is the loss of two lives and considerable property damage. Please let the record show that we do not appear before you with any rancor, nor do we feel this council is in any way responsible for these,tragic losses. Our primary purpose in appearing before you is to try to preclude any future loss of this magnitude in either our own neighborhood or any other part of our city. On August 29,1980, at approximately 6:00 a.m., a very large residential fire occured at 2727 Fenwood Road. Despite heroic actions and extremely diligent effort on the part of the superb West University Fire and Police Departments, two adults died in that fire. A young girl was miraculously saved by these brave men. For several years, nearby neighbors have complained to numerous city officials and departments about the intolerable conditions of the property at 2727 Fen- wood Road. We have subsequently learned that the inaction on the part of the various individuals and departments was the result of legal restraints. We have been advised, too late, that we should have appeared before this and previous city councils with those complaints. In some way, we want .to try to rectify that mistake this evening. While we are in great sympathy with the families of the individuals who lost their lives in this fire, we/feel that immediate and positive action is needed to prevent other serious problems from occuring. It is now October 13 and the cleanup and removal of debris at 2727 Fenwood Road is progressing at an extremely slow rate. Again, complaints to city officials and departments apparently are unheeded. At least minimum visible results are forthcoming. There is a continuing fire hazard at the 2727 FenwoodRoad site. There is no one residing at or on the property. There are obvious, flammable materials in and around the property. Debris and collection points for water are breeding areas for mosquitos and germs of many potential diseases. An attendant danger with this type of situation is the attraction it represents for young<~chi1drenin the area. Without adequate fence enclosures and lack of on-site residents, the temptations to "explore", with obvious hazardous conditions, cause us further concern. We have triedto.be reasonable and patient. But both virtues have been taxed by lack of effective cleanup action and the increasingly dangerous conditions. We therefore request that these concerns. become an official part of the minutes of this meeting and that this city council, through whatever.:resourees .aEe at your disposal, instigate immediate action to clean and clear this property to a state of safety and health conditions appropriate with neighboring properties. , ~''''''''''------,.-..- W-.....-l-l...l.L.' 1-:!J.I1"'JII'IU,,,., ..-, "., 206 Thank you for your time and attention. .And please know that we will be moni- toring the situation. Mayor Cole expressed his appreciation to Mr. King Bridges for his appearance at the Commission meeting. SWIMMING POOL CONSTRUCTION: Motion by Commissioner Ahrens, seconded by Commis- sioner Maneval, that discussion on the construction of a swimming pool by Mr. Chris McCann, #6 Auburn Place, be held ater in the meeting pending the arrival of Mr. McCann." Voting Aye: All Voting No: None ELECTRICAL BOARD: Resolution Number 80-21 was presented to the Commission and read in full: WHEREAS, A. B. Fisk has served as a member of the Electrical of the City of West University Place since 1962; and WHEREAS, A. B. Fisk served as Chairman of the Electrical Board between 1962 and 1979; and WHEREAS, during all of such service Mr. Fisk contributed his time, knowledge and expertise to the functions" of the Electrical Board and u WHEREAS, A. B. Fisk has retired and no longer maintains a cur~D ~ rent electrical license with the City of West University Place; and WHEREAS, the City Commission wishes to recognize A. B. Fisk's long and faithful service to the city and the citizens thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City of West University Place, Texas, . acting by and through its duly authorized City Commission, hereby com- mends A. B. Fisk for his unquestionable professional integrity during the many years of service to the city. Section 2. That in appreciat.ion for his unselfish devotion to the Electrical Board and to honor A. B. Fisk for the manner in which he so faithfully performed service to the city, the City Commission hereby names and designates .said A. B. Fisk as a Lifetime holder of an Electrical License in the City of West University Place. Section 3. That this Resolution be spread in full upon the minutes of the City Commission and that the Mayor be, and he is hereby, authorized to deliver to A. B. Fisk a true copy hereof signed by each member of the City Commission. PASSED AND APPROVED this 13th day of October, 1980. [ D n n 207 Motion by Commissioner Rosenbaum, .seeonded by Commissioner Maneval, that Resolu- tion Number 80-21 be approved as read. Voting Aye: All Voting Nb': None Mayor Cole presented Mr. Fisk the original of Resolution Numbet 80....,.21 which had been beautifully framed for the occasion. FIREFIGHTER OF THE YEAR AWARD: Chi.ef Ben Wilcher advised those. in attendance that this was the first annual award for a Firefighter of the Year and that Ronny Smith had been selected by members of the Fire Department as the recipient of such award. Chief Wilcher presented a plaque to Firefighter Ronny Smith. Resolution Number 80-22 was presented to the Commission and read in full: WHEREAS, it is the desire of Fire Chief Ben Wilcher to establish an annual award toa Firefighter who has made outstanding contributions to the West University Place Fire Department; and WHEREAS, members of the Fire Department have been requested to cast ballots for a fellow firefighter who has made such contributions; and WHEREAS, Ronny Smith has been selected as.the recipient of the first annual Firefighter of the Year Award; and WHEREAS, the City Commission wishes to express its congratulations to Firefighter Ronny Smith for his outstanding contributions to the City of West University P1ace~during the year 1980 and for his selection as "FIREFIGHTER OF THE YEAR" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Commission hereby expresses its apprecia- tion to Firefighter Ronny Smith of the City of West University Place Fire Department for his outstanding service to the city and the citizens thereof. Section 2. The City Commission offers its sincere congratulations to Firefighter Ronny Smith for his selection as "Firefighter of the Year" for the City of West University Place. Section 3. That this Resolution be spread upon the minutes of the City Commission and a copy hereof signed by the Mayor and each member of the City Commission shall be presented to FIREFIGHTER RONNY SMITH. PASSED AND APPROVED this 13th day of October, 1980. Motion by Commissioner Horne, seconded by COmmissioner Ahrens, that Resolution Number 80-22 be approved as read. Voting Aye: All Voting No: None Mayor Cole presented Firefighter Smith the original of Resolution Number 80-22 which had been beautifully framed for the occasion. 208 WATER DEPARTMENT EMPLOYEE: Resolution Number 80~24 was presented to the Commission and read in full: WHEREAS, Willie Stewart has been employed by the City of West University Place as a member of the Water Department for thirty-one (31) years, eight (8) months and nine (9) days; and il LJ WHEREAS, Willie Stewart has served as Pumper for the city's water system since July 12, 195J; and WHEREAS, during such service Mr. Stewart has performed his duties in such manner as to reflect credit upon himself, his family and the city; and WHEREAS, Willie Stewart has responded to emergency calls working under adverse conditions at night and weekeends as his services were needed; and. WHEREAS, the City Commission desire to give recognition to Willie Stewart for his long tenure of service to the,;city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS:. Section 1. That the City of West University Place, Texas, acting by and through its duly authorized City Commission hereby commends Willie Stewart for his distinguised service to the citizens and to the city. u Section 2. That the City Commission, on behalf of the citizens who know Willie Stewart, expresses its grateful appreciation to him for his unselfish devotion to his duties and for the manner in which he faith- fully performs his responsibilities. . Section 3. That this Resolution be spread in full upon the minutes of the City Commission and that the Mayor be, and he is hereby, authorized to deliver to Willie Stewart a true copy hereof, signed by each member of the Commission. PASSED AND APPROVED this 13th day of October, 1980. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that Resolu- tion Number 80-23 be approved as read. Voting Aye: All Voting No: None Mayor Cole presented Willie Stewart the original of Resolution Number 80-23 which had been beautifully framed for the occasion and a gold watch. TAX ASSESSOR/cOLLECTOR. ASSISTANT TAX ASSESSOR/COLLECTOR AND ASSISTANT CITY TRF.ASTffiF.R. Resolution Number 80-24 was presented to the Commission and read in full: WHEREAS, the Code of Ordinances of the City of West University Place, Texas, provides that the City Commission shall employ and appoint a Tax Assessor/Collector, and Assistant Tax Assessor/Collector and an Assistant City Treasurer; and Il :~ n; I .. I . , ":1 n u 209 WHEREAS, Donna Lea Sims has been employed as Tax Assessor/ Collector and Assistant City Treasurer; and .WHEREAS, Mildred Miller employed as Tax Clerk is qualified to assume the duties as Assistant Tax Assessor/Collector. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Donna Lea Sims be, and she is hereby, appointed to serve as Tax Assessor/Collector and Assistant City Treasurer. Section 2. That Mildred Miller be, and she is hereby, appointed to serve as Assistant Tax Assessor/Collector. Section 3. That said Donna Lea Sims is hereby vested with all of the duties and responsibilities as set forth in the Charter of the City of West University Place, Texas and the Statutes of the State of Texas. Section 4. That said Mildred Miller is hereby vested with all of the duties and responsibilities as set forth in the Charter of the City of West University Place, Texas and the Statutes of the State of Texas. Section 5. That the appointment of Donna Lea Sims and Mildred Miller shall take effect immediately upon passage of this Resolution. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that Resolu- tion Number 80-24 be approved as read. Voting Aye: All Voting No: None Mayor Cole administered an Oath of Office to Donna Lea Sims as Tax Assessor/ Collector and Assistant City Treasurer and to Mildred Miller as Assistant Tax Assessor/Collector. STOP SIGN REMOVAL: Mrs. Eunice' Meyer, 2709 Talbot, had requested a place on the agenda but Mrs. Gaye Fowler spoke on behalf on number of residents who 1i~e. on Tailibot. Mrs. Fowler presented the following petition to the City Commission. We, the undersigned residents'of West University Place, hereby request that the City investigate the traffic conditions at the intersection of Talbot and Annapolis and in support of this request offer the follow- ing factors for consideration: 1. There are fourteen (14) children under the age of ten years old living on Talbot Street, whose safety is our primary concern. 11. Between the hours of 7:00 a.m. and 8:00 a.m. and 4:30 p.m. and 5:30 p.m. _L ..., R..U.......... .~, ... , ~l . 210 commuters apparently avoid the ttafficsigna1 at the iritersection of Holcombe and Kirby by detouring through West University Place (eastbound on Talbot in the mornings a~d westbound on Talbot in the evenings). 111. I L During heavit.y~'- attended sporting events at the Astrodome, the traffic detours via Talbot Street when the line of vehicles backs up from the Kirby traffic signal. IV. The detouring traffic frequently fails to observe the existing stop signs and often travels at a speed which appears excessive for a residential neighborhood with small children. V. Since this petition was first circulated, the four-way stop has been eliminated, and the traffic level has increased and is also traveling at an increased speed. We therefore request, at a minimum, the four- way stop be re-estab1ished. Mrs. Fowler noted that there are 38 occupied residences on Talbot Street and that the petition had 32 signatures on it requesting that the four-way stop signs be re-insta1led immediately. [J Mayor Cole advised Mrs. Fowler that a traffic survey had been made in 1976 which has.to do with state and federal laws and that there were fourteen locations within the city where four-way stop signs had been removed. Mayor Cole advised that the City Attorney had written an opinion which was available for anyone desiring to read it, and that the Department of Public Safety had been requested for a definition of the word, "safety". HEARING OF RESIDENTS: Mrs. Mary Dowdy, 6417 Mercer, was advised that consideration of the results of a postcard survey made to determine residential preferences regarding the height of fences permitted within the city would be held at an upcoming workshop session of the City Commission. Numerous residents in attendance at the meeting continued discussion of the removal of four-way stop signs on Annapolis Street and at Belmont and Sunset. Mayor Cole advised that consideration would be given to this matter by the City Commission as soon as possible and that it was anticipated that the City Attorney would address this issue later on the agenda. SWIMMING POOL CONSTRUCTION: Mr. Chris McCann, 116 Auburn Place, advised the Com- mission that it was his desire to install a jaccuzi tub in his yard, but inasmuch as the tub would be four and a half feet deep it was the decision bf the Build- ing Inspector that such installation would have to conform to the requirements of an ordinance regulating construction of swimming pools and thereby be located eight (8') feet from the property line. Mr. McCann noted that provisions of [' the ordinance were for the benefit of adjoining property owners and that his property was adjacent to Poor Farm Ditch. o n 211 Mr. McCann was requested to submit a written request together with a diagram showing the intended installation for review of the City Commission at a work- shop meeting to be held on Thursday, October 16th. PLUMBING ORDINANCE: Ordinance Number 1161 was presented to the Commission and read in full. AN ORDINANCE AMENDING THE CODE OFdORDINANCESOF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY ADOPTING THE 1979 EDITION OF THE STANDARD PLUMBING CODE OF'THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., EXCEPT AS TO CERTAIN PROVI- SIONS SPECIFICALLY DELETED, MODIFIED OR AMENDED; PROVIDING FOR THE FILING OF THREE (3) COPIES THEREOF WITH THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Ordinance Number 1161 be approved as read. Voting Aye: All Voting No: None LAWN TRACTOR BIDS: In accordance with previous action of.the City Commission, bids received for delivery of a lawn tractor for use by the Parks Department were opened and results aIinounced as fol1ows:_ Sears, Roebuck & Company Brookside Equipment $ 899.00 2,250.00 Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that bids re- ceived for delivery of a lawn tractor be .referred to the City Manager for review and recommendation. Voting Aye: All Voting No: None POLICE DEPARTMENT RADAR GUN: In accordance with previous action of <the City Commis- sion, bids received for delivery ofa radar gun for use by the Police Department were opened and results announced as follows: Em-Quip CMI $ 1,387.50 995.00 Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that bids received for delivery of a radar gun be referred to the City Manager for review and recommendation. Voting Aye: All Voting No: None WASTEWATER TREATMENT FACILITIES: An invoice in the amount of $45,891.45 submitted by BayshoreEngineers, Inc. for services rendered: on the preparation of plans and specifications for the construction of new wastewater treatment facilities was presented for consideration. Motion by Commissioner Horne, seconCledby Commissioner Rosenbaum, that the City Commission approve for payment an invoice in the amount of $45,891.45 submitted by Bayshore Engineers, Inc. Vot:J:l1g Aye: All Voting No: None I .----' 212 SANITARY SEWER LIFT STATION REHABILITATION: ~invoice in the amount of $29,425.24 submitted by Sanco Engineering, Inc. for profession~lservices rendered on the rehabilitation of sanitary sewer lift stations and a new force main was pre- sented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that based on the recommendation of the City Manager and Director of Public Works, that an invoice in the amount of $29,425.24 submitted by Sanco Engineering, Inc. be approved for payment. Voting Aye: All Voting No: None WATER WELL #7: A final invoice in the amount of $31,419.50 submitted by Layne- Western Company for drilling water well #7 was presented for consideration, to- gether with a Certificate of Completion submitted by the project engineer, Langford Engineetfng,Inc. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City Commission approve for payment an invoice in the amount of $31,419.50 submitted by Layne-Western Company as the final contract payment for drilling water well 117. Voting Aye: All Voting No: None LEGAL SERVICES: An invoice submitted by City Attorney David Allums for legal ser- vices performed during the months of July, August and September, 1980, in the amount of $4,958.00 was presented for consideration. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the statement in the amount of $4,958.00 submitted by City Attorney David Allums be approved for payment. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums responded to the many concerns of resi- dents regarding the removal of four~way stop signs noting that in 1~72 the State of Texas adopted a uniform act regulating traffic on highways which pro- vided that a manual be written that would comply with terms of the legislation. In 1976 the City of West University Place began an intense program through use of local funds and matching funds to change traffic lights in the city located on Buffalo Speedway. Mr. Allums reviewed the removal of traffic l;ightsat'Unive:r;sijry at Edilieearid Rice at Ed10eas also being a.part of the city's implementation of the provis- ions of compliance with the traffic manual. Mr. Allums stated that his opinion regarding mu1tiway stop signs addressed to the City Manager provided that the city may place at any intersection a mu1ti- way stop it may deemuecessary to indicate and carry out the provisions of the traffic manual and city traffic ordinances to regulate, warn or guide traffic as long as the traffic control devices conform to specifications and the manual adopted with safety of the general public as the primary consideration. Mr. Allums further stated that inasmuch as thec:city traffic engineer disagreed with his opinion, the City Commission had requested a third opinion from state and federal officials as to the definition of "safety" and that action would be taken by the City Commission upon receipt of such third opinion. n c o [ 213 STAFF REPORT: City Manager Dick Rockenbaugh was advised that a workshop session of the City Commission would beheld on ~ednesday, October 15th. ADJOURNMENT: Wit~ no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 10:05 p.m. ~?J1~ ATTEST: Ztl 4~ City Secretary ~ ~. 214 REGULAR CITY COMMISSION MEETING October 27, 1980 The City Commission convened in regular session at the City Hall on Monday, October 27, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding, Commissioners Ahrens, Horne and Rosenbaum. The City Attorney and City Manager were also present. The Invocation was pronounced by Mayor Cole. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on October 13, 1980, were presented for consideration. Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that minutes of the regular meeting of the City Commission on October 13, 1980, be approved as submitted. Voting Aye: All Voting No: None HEARING OF RESIDENTS: Mrs. Mary Lou.Rushing, 2639 Carolina Way, presented the following petition signed by residents on Carolina Way regarding the removal of four-way stop signs: We, the undersigned citizens of West University Place, living on Carolina Way are concerned and upset about the action taken by the city of the removal of the three (3) four-way stop signs on Annapolis. We hereby.EE}quest the city to take the following factors into consideration: 1. We have 36 single family dwellings with 17 children under the age of ten, and 2 over ten. We have 7 elderly couples who enjoy walking in the neighborhood for exe:r.cli:.se;;'.We have any number.of families inter- ested in jogging and bicycling. Since Carolina Way is only a two-block street, Annapolis as a major artery between University Boulevard and Holcombe Boulevard has changed dramatically the nature of our neighbor- hood. We, the residents, want Annapolis to remain a street used by the people living in the area, but not a street used as a thoroughfare for avoiding traffic on Kirby, Holcombe.Boulevard, University Bouelvard, and traffic signals at the intersections of these streets. 2. The normal increase in traffic during the peak traffic hours, early morning and.dusk, make Annapolis a dangerous place even with obstacles to slow the traffic down. We firmly. believe that we have traffic coming through at those dangerous times that do not live in our neighborhood. We also feel that since the removal oLthe four-way stop signs that this traffic has increased and will continue to increase until these signs are replaced. 3. The cut~through traffic does not observe the existing stop signs on the side streets and does not drive at a speed necessary for narrow two-way residential streets. 4. These factors have all developed into a situation no longer safe for the residents of this area because of the increase in numbers and the speed of cars. "--".",,. u rl LJ [ n o u 215 Therefore, we propose that the stop signs be reinstated along Annapolis for the following re'asons: 1. Stop signs slow traffic. 2. Drivers will not use Annapolis for a cut~through~ 3. With stop-signs can travel to and from their destinations in an easy and logical manner as opposed to other proposals now being considered. Mrs. Elizabeth Register, 2703 Carolina Way, advised that the residents living on Carolina Way were not requesting that stop signs be placed on Carolina Way, but that those that had been removed be replaced on Annapolis. Mayor Cole explained to Mr. Howard Marshall, 2939 Amherst, the adoppion of a uniform transportation survey by the State of Texas in 1972 required that the city conform to certain standards that had been established. Commissioner Maneval arrived at the meeting at this time. City Attorney David Allums advised those in ,attendance that the.prob1em was one that would require careful long-range consideration in view of plans by the MTA for location of a heavy rail system along the Westpark Corridor. Commissioner Horne suggested that residents living in the areas that had been affected develop options to the re~insta11ationof four~way stop signs and to determine what inconveniences they as residents would be willing to incur in an effort to work out the best solution. Mrs. Lexie Hazlett, 6420 Sewanee, advised the Commission that Joyce Benner had done an outstanding job as Director of Senior Services for the city and it was her hope that justice would be done with regard to Mrs. Benner and her position. Mrs. Arlee Perkin$~ 2921 Georgetown, advised the Commission that she had forwarded a letter to them regarding her position on the Senior Services program. CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens was advised that forms were being placed beside the Library for the construction of a ramp. WASTEWATER TREATMENT FACILITY OPERATOR: Resolution Number 80-25 was presented to the Commission and read in full: WHEREAS, Margarito Agundez was employed by the City of West Uni- versity Place, Texas, as an operatpr at the wastewater treatment facility on August 15, 1951; and WHEREAS, Margarito .Agundez has continued to serve in that capacity until the present time; and WHEREAS, during usch service Mr. Agundez has performed his duties in such manner as to reflect credit upon himself, his family and the city; and WHEREAS, Margarito "Morris" Agundez has been called upon to per- form duties above and beyond those assigned on many occasions; and 216 WHEREAS, the City Commission desires to give recognition to Margarita Agundez for his long tenure of service to the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: I~ U . Section 1. That the City of, West University Place, Texas, acting by and through its duly authorized City Commission, hereby commends Margarito Agundez for his distinguised service to the citizens and to the city. Section 2. That the City Commission, on behalf of all of the citizens of West University P1ace~ Texas, expresses its grateful apprecia- tion to him for his unselfish devotion to his duties and for the manner in which he faithfully performs his responsibilities. Section 3. That this Resolution be spread in full upon the minutes of the City Commission and that the Mayor he, and he is hereby, authorized to deliver to Margarito Agundez a true copy hereof, signed by each member of the City Commission.' . PASSED AND APPROVED this twenty-seventh day of October, 1980. Motion by Commission Horne, seconded by Commissioner Rosenbaum, that Resolution Number 80-25 be approved as read. Voting Aye: All Voting No: None w Mayor Cole presented Mr. Agundez with the original copy of Resolution Number 80-25 which had been framed.forthe .occasion and a gold watch. UNIVERSITY BOULEVARD CENTER: Motion by Commissioner Horne, seconded by Commissioner Ahrens, that this item be deferred until later in the meeting pending arrival of Mr:.' Rosenbaum. Voting Aye: All Voting No: None SAFETY RAILING AT WEST UNIVERSITY LIBRARY: In accordance with previous action of the City Commission, bids received.forbbe instal1ation.of safety railing at the Library were opened and results announced as follows: Arcon Construction Johansen Construction Frank A. Peschel $ 5,600.00 4,909.00 4,491.61 Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that bids received for the installation of safety railing at the Library be referred to the City Manager for review with a recommendation to be presented to the Commis- sion at its next regular meeting on November 17, 1980. Voting Aye: All Voting No: None VACUUM PUMP: In accordance with previous action of' the City Commission, the one bid received for delivery of a vacuum pump for use at the swimming pool was n o , u 217 opened and results announced as follows: California Pool Company $ 560.00 Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the City Manager be authorized to accept the bid of California Eoo1Company when and if it has been determined that the bid meets the city's specifications. Voting Aye: All Voting No: None RADAR GUN: In accordance with instructions of the City Commission, the following recommendation for the purchase of a radar gun was presented from Police Chief Frank Robinson: I recommend the bid proposal from CMI be accepted.. It is not only competitive in price, but the other bid proposal from EM-Quip, Inc. does not meet basic specifications. In view of the fact that the CMI bid proposal is $995.00 and we were prepared to spend $2,000, I would. like to recommend that-we purchase two radar units instead of one and retire the other radar unit which is becoming a problem to maintain. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Manager be authorized to purchase two (2) radar guns from CMI at their quoted price of $995.00 each. Voting Aye: All Voting No: None PARKS DEPARTMENT LAWN TRACTOR: In accordance with instructions of the City Commis~ sion, the following recommendation was made for the purchase of a lawn tractor: We received two bids on the lawn tractor, Sears bid of $899.00 (regular price $1,029.00) and Brookside Equipment's bid of $2,250.00. The two bids meet the specifications and due to our budget for this item, I am recommending the acceptance of the bid from Sears for $899.00. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the City Commission reject bids received fmr delivery of.a lawn tractor and see if we can get a better bidder response. Voting Aye: All Voting No: None WATER WELL #7 ANDl2" WATER TRANSMISSION LINE: The Commission was presented an in- voice in the amount of $961.55 submitted by Langford Engineering, Inc. for pro- fessional services rendered on drilling water well #7 and construction of a 12" water transmission line. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Commission approve for payment an invoice in the amount of $961.55 submitted by Langford Engineering, Inc. Voting Aye: All Voting No: None 218 WASTEWATER TREATMENT FACILITY: An invoice in the amount of $22,500 submitted by Bayshore Engineers, Inc. forwotk completed on the preparation of plans and specifications "for the construction of a new wastewater treatment facility was presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the City Commission approve payment to Bayshore Engineers, Inc. in the amount of $22,500.00. n Voting Aye: All Voting No: None CHANGE OF REGULAR CITY COMMISSION MEETING DATE: The Commission was advised that consideration should be given to the selection of an alternate meeting date for the first regular meeting in November inasmuch as members of the City Com- mission and staff members would be attending the annual meeting of the Texas Municipal League on November 10, 1980. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Novem~ ber 17, 1980, be designated as the date for the first regular meeting of the City Commission in November. Voting Aye: All Voting No: None PUBLIC WORKS DEPARTMENT. UNIFORMS: for purchase of uniforms to be for identification purposes. A request was presented to advertise for bids worn by' members of the Public Works Department Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City Manager be authorized to advertise for bids for purchase of uniforms for members of the Public Works Department. D ,---,. Voting Aye: All Voting No: None PROPERTY TAX CODE: Resolution Number 80~26 was presented to the Commission and read in full: WHEREAS, the Legislature. of the State of Texas passed and Governor Clements signed into Law Senate Bill 621 (The Property Tax Code) which re- lates to Ad Valorem taxation; and WHEREAS, said Property Tax Code provides for the creation of a Central Appraisal District within each County in the State; and WHEREAS, said Code further provides that the Central Appraisal Districts created shall assume responsibility for and be required to appraise all property within the boundaries of the District and to assume all other ad valorem taxation functions previously provided by local jurisdictions except for the setting of tax rates, the mailing of tax statements agd the collection of taxes levied; and , WHEREAS, the. implementation of the Code is proving to be extremely cumbersome and controversial in urban metropolitan Counties as evidenced by the current level of dissatisfaction among and between taxing juris- dictions which has led to litigation; and n n n 219 WHEREAS, the Harris County Central Appraisal Board has indicated that the implementation of the Code in Harris County is going to be an almost insurmountable task; and WHEREAS, the implementation and operation of the Code in metropo- litan Counties will increase the cost of ad valorem taxation administration and create another level of Government removed from local control. NOW, THEREFORE BE IT RESOLVED.BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: That the City Commission of the City of West University Place hereby petitions the Texas Legislature to repeal or in the alternative to exempt urban Counties from the requirements of Senate Bill 621. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Resolution Number 80-26 be approved as read. Voting Aye: All Voting No: None BELLAIRE CHAMBER OF COMMERCE: The Commission was advised that consideration should be given to retention by the city of its membership in the Be1laire Chamber of Commerce. City Manager Dick Rockenbaugh advised the Commission that during a telephone conversation with Mr. Roger Westrup, Executive Diretor of the Be11aire Chamber of Commerce, he had been informed that. the Chamber does not support local municipal candidates in the city, however, the Chamber does actively support issues affecting the city such as a bond issue. Mayor Cole noted that the Chamber was the Greater Be11aireChamber of Commerce, therefore not confined to the City of Be11aire and that it was his belief that membership would provide the city a better opportunity of .knowing what was. plan- ned and happening in the entire southwest area of the city. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the city of West University Place not renew its membership in the Be11aire Chamber of Commerce at this time. Voting Aye: Ahrens Maneval Rosenbaum Voting No: Cole Horne ENTEX REQUEST FOR RATE INCREASE: Resolution Number 80-27 was presented to the City Commission and read in full: WHEREAS, on May 23., 1980, Entex filed a'Statement of Intent to change its rates for natural gas service within the City of West University Place and requested that said changes become effective Ju~e_27, 1980; and WHEREAS, on June 25, 1980, the City of West University Place sus- pended for a period of 120 days beyond said proposed effective date the changes in rates for natural gas service within the city until October 25, 1980; and ~r 220 WHEREAS, the city has the option to extend such changes in rates for an additional thirty days. [ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: That the change in rates for natural gas service within the City of West University Place proposed by Entex to become effective on June 27, 1980, and susp~nded by the city until October 25, 1980, should be, and are hereby, suspended for an additional 30 days beyond October 25, 1980, until November 24, 1980. PASSED AND APPROVED this day of , 1980. Motion by Commissiorter Rosenbaum, seconded by Commissioner Maneval, that Resolu- tion Number 80-27 be approved as read. Voting Aye: All Voting No: None CITY EMPLOYEE GROUP HOSPITALIZATION INSURANCE: The Commission was advised that as a result of notification by Massachusetts Mutual Life Insurance Company of in- creased costs for both employee and dependent group hospitalization coverage the Insurance Committee had held two meetings to compare benefits offered by Mass Mutual and Prudential Insurance Company coverage offered through the Texas Municipal League. In the opinion of the Insurance Committee the benefits given up by changing coverage could not be justified by the monetary savings to the city and em- ployees, primarily the benefits that would be given up include the PCS drug card program, limited dental coverage and hospital bill coverage. It was, therefore, the recommendation of the Insurance Committee that coverage be continued with Mass Mutual. o Mr. Howard Marshall, a representative from the Insurance Committee, advised that it was further the opinion of such Committee that benefits provided by Prudential would adequately cover city employees should the Commission not be able to economically justify the increased cost for the Mass Muuua1 plan. Costs for coverage under plans offered by each company were discussed together with proposals whereby the city would contribute toward the additional expense for dependent coverage. Motion by Commissioner Horne, seconded by Mayor Cole, that the city retain group hospitalization insurance coverage with Massachusetts Mutual Life Insurance Com- pany and the city contribute an amount equal to two-thirds of the employee's dependent increase which would be roughly $17.00, thereby lowering the employee's dependent cost to $65.68 a month, or an increase of $7.92. Voting Aye: Horne Cole Voting No: Ahrens Maneval Rosenbaum J u o n 221 I'. I Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that the city accept the plan offered by Prudential Insurance Coverage for group hospitaliza- tion coverage for city employees,. including dental expense insD:rance, and that the city contribute the savings realized under the employee major medical by changing carriers toward dependent coverage, being a difference between $37.84 and $50.38, whereby the amount an employee would pay for dependent coverage would be $60.70. Voting Aye: Ahrens Maneval Horne Rosenbaum Voting No: Cole LEGAL MATTERS: City Attorney David Allums had no matters to bring to the attention of the Commission at this time. STAFF REPORT: City Manager Dick Rockenbaugh established that the Commission will hold a workshop session on November 6th to discuss the proposed school safety trip plan and bicycle lanes. BOARD AND COMMITTEE MEETING MINUTES: Minutes of a meeting of the Electrical Board on October 20, 1980, were presented to the Commission for their information. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meetlling adjourned at 10:30 p.m. ~/Jt~ . Mayor . ATTEST: .~ x2~~ City Secretary . l"l 222 REGULAR CITY COMMISSION MEETING November 17, 1980 The City Commission convened in regular session at the City Hall on Monday, Novem- ber 17, 1980, 7:30 p.m., with the following members present: Mayor Cole, presid- ing, Commissioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City Manager were also present. The Invocation was pronounced by Commissioner Horne. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on October 27, 1980, were presented for consideration. Motion by Commissioner Ahrens, seconded by Commissioner Horne, that minutes of the regular meeting of the City Commission on'October 27, 1980, be approved as submitted. Voting Aye: All Voting No: None SANITATION DEPARTMENT. EMPLOYEE SERVICE AWARD: Resolution Number 80-28 was presented to the Commission and read in full: WHEREAS, Henry Jackson was employed by the City of West University Place; Texas, as caretaker of the city's parks on June 21, 1955; and u WHEREAS, Henry Jackson was transferred to the Sanitation Depart- :!In mentas a driver on March 7, 1969; and i j ~ WHEREAS, Henry Jackson has continued to serve in that capacity until the present time; and WHEREAS, his winning smile and enduring kindness have brought to him the admiration and respect of his fellow employees and the citizens of the City of West University Place; and WHEREAS, Henry Jackson has been called upon by his supervisors to perform various duties in the operation of the city unrelated to his responsibilities; and WHEREAS, Henry Jackson has accomplished all tasks assigned to him willingly and to the best.,of his ability; and WHEREAS, his reputation of reporting to work ear1y.and leaving only when his duties were complete has been noticed and appreciated by his supervisors and city officials; and WHEREAS, it is the desire of the City Commission to give recog- nition to Henry Jackson for his unselfish service to the-city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City of West University Place, Texas, acting by and through its duly authorized City Commission, hereby commends Henry '1 I I U n [J u 223 Jackson for his distinguished service to the citizens and to the city. Section 2. That_the City Commission, on beha+f of all of the citizens of West University Place, Texas, eKpresses its grateful apprecia- tion to him for his unselfish devotion to his duties and for the manner in which he faithfully performs his responsibilities.. Section 3. That this Resolution be spread in full upon the minutes of the City Commission and that the Mayor be, and he is hereby, authorized to deliver to Henry Jackson a true copy hereof, signed by each member of the City Commission. PASSED AND APPROVED this 17th day of November, 1980. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that Resolu- tion No. 80-28 be approved as read. Voting Aye: All Voting No: None Mayor Cole presented Mr. Jackson with the original of Resolution No. 80-28 which had been framed for the occasion and a gold watch. Commissioner Horne acknowledged the pr.esence of Mrs. Jackson at the meeting, noting that long-time employees were one of the city's biggest assets. HEARING OF RESIDENTS: There were no residents present with matters they wish to dis- cuss with the City Commission. PROPOSED LOCATION OF A NIGHT CLUB AT UNIVERSITY AND KIRBY DRIVE: Commissioner Horne advised that State Representative Brad'Wright had mailed a number of letters re- questing support for his efforts to have a liquor license denied for a proposed night club, "E1 Noa Noa" to be located at 2539 University. Commissioner Horne stated that he had written a letter to Mr. Sherman McBeath of the Alcoholic Bev-- erage Commission as a citizen and as a member of the City Commission and would urge that each member of the Commission express opposition to the proposed loca- tion adjacent to the city limits. Commissioner Horne directed attention to a Resolution recently adopted at the Texas Municipal League Conference whereby cities of Texas would be authorized to adopt such ordinances as they may deem necessary to control the use of alco- holic beverages. CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens was advised that further discus- sion on the removal of "Stop Signs" from various locations would be included on the next City Commission workshop session agenda. Mayor Cole advised that he was in receipt of two letters from the Houston-Galves- ton Area Council, one requesting that the city's reppesent~tive be named for the 1981 General Assembly and the other requesting payment of annual dues for the period January, 1981 through De~ember, 1981. The City Manager was instructed to put consideration of payment of annual dues to the H-GACon the agenda for the next regular meeting of the Commission. .. MR"'U.~_~"'.. 224 UNIVERSITY BOULEVARD SHOPPING CRNTRR' Mr. Jules Rosenbaum appeared before the Com~ mission to present plans for improvements to a small shopping center located at University and Edloe. Mr. Rosenbaum stated that it was desire to make the area more attractive by placing bricks in front of the stores that do not now have them and to wat~r-proof the buildings. The Commission was advised that the Building Inspector had denied a permit for the planned improvements inasmuch as the property is now located on the property.line and the addition of bricks would make the property encroach onto the city's easement. '~I L.J Motion by Commissioner Horne, seconded by Commissioner Maneval, that further consideration of this item be deferred until the next regular meeting of the City Commission on November 24th; that the City Attorney be prepared to report what measurers might be taken in this particular situation; and that each member of the Commission observe the location. Voting Aye: All Voting No: None ASSOCIATE MUNICIPAL COITRT .TTrn~R~' In accordance with the provisions of the City Charter, the Commission cQnsidered re-appointment of Michael Schneider and Terry Collin~as Associate Judges of the Municipal Court and re-appointment of Thomas Taylor as Associate Prosecutor of the Municipal Court. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that Michael Schneider and Terry Collins be re-appointed Associate Judges of the Muhicipa1 Court and Thomas Taylor re-appointed as Associate Prosecutor of the Municipal Court. Voting Aye: All Voting No: None u I WATER WELL #7: The Commission was. presented an invoice in the amount of $7,825.50, submitted by Layne-Western Company, Inc. for work completed on the water well #7 project during the period August 1, 1980 through August 31, 1980. It was noted that the amount of this invoice was included in the previously approved contract:total but the invoice not submitted for payment approval. Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the invoice in the amount of $7,825.50 submitted by Layne-Western Company be approved for payment. Voting Aye: All Voting No: None CONSTRUCTION OF ~AFRTY RATTTN~ AT TT~RA~Y, In accordance with instructions of the City Commission, the following recommendation was presented from Director of Community Services Tom Carson for construction of safety railing at,the Library: The three bids to be considered are in order of low to high: A. Frank A. Peschel B. Johansen Construction Co. C. ARCON Construction Co. $ 4,491.61 4,909.00 '5,600.00 I have met with representatives from Johansen and ARCON numerous .times to discuss this work~ but I have not met with Peschel. I 've left phone messages for him at least six times over the last two weeks. He has failed to call back u n u o w or to come out so I could discuss his bid and plan with him. Since I've never met with this person and he has not called back, I feel his bid cannot be considered. Therefore, on the basis _ of the o.ther two bids, whicJ;1. both- meet the specifications, I am recommending we accept the bid from Johansen Construction, Inc. for $4,909.00. Motion by Commissioner Maneval, seconded by Comritissioner Horne, that the City Commission accept the proposal submitted by Johansen Construction Company for the construction of safety railing at the Library for a total bid price of $4,909.00. Voting Aye: Horne Maneval Cole Voting No: Ahrens Rosenbaum 225 PUBLIC WORKS AUTOMOTIVE UNIT: The Commission was advised that the automotive unit proposed for delivery by Bob Robertson Chevrolet in response to bids p~evious1y accepted by the City Commission did not meet specifications and that considera- tion should be given to rejecting the bid. Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the bid of Bob Robertson Chevrolet for delivery of a 1981 Chevrolet for the Public Works Department be rejected. Voting Aye: All Voting No: None The City Manager was instructed to include this automotive unit, .together with others agenda for the,. next regular meeting of the his recommendation for purchase included in the 1981 budget, on City Commission on November 24, of the 1980. SANITARY LANDFILL TRENCH: The Commission was advised that additional trench was re- quired at the sanitary landfill and the following three quotations has been re- received: Holland Construction Company - $ 1.02 per cubic yard Move-out charge $1,500.00 Precision Grading Company - $ 1.40 per cubic yard Move-in, move-out charge $2,000.00 N. M. Brown - $1.35 per cubic yard Move-in, move-out charge $1,500.00 Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the City Commission accept the proposal of Holland Construction Company for excavation of additional trench at the sanitary landfill site at a cost of $1.02 per cubic yard with an additional move-out charge of $1,500.00. Voting Aye: All Voting No: None ., I I'~ td HI :11' ." II 226 GARBAGE RATE INCREASE: Ordinance Number 1162 was presented to the Commission and read in full: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TExAs, BY AMENDING SECTION l3;....7(a) TO PROVIDE FOR A CHARGE OF $8.00; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 13-7(~L of the Code of Ordinances of the City of West University Place, Texas, be amended so that hereafter said Section l3-7(a) shall read as follows: "Section 13-7. Same - Fees. (a) Established. The fee for collection and disposing of household garbage and refuse shall be eight dollars ($8.00) per month for each separate dwelling or living unit and each two-family living unit shall pay eight dollars ($8.00) per month for each separate dwelling unit; all apartments in a multiple unit dwelling place shall be considered as separate dwelling units and shall pay eight ($8.00) per month for each dwelling unit." Section 2. The fee as provided for in said Section 13..;7 as amended1n. ... shall become effective and payable on and after January 1, 1981. UlJ Section 3. This ordinance shall take effect and be in force immediately from and after its passage and approval as required by law. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that Ordinance Number 1162 be approved as read. Voting Aye: All Voting No: None AREA AGENCY ON AGING: The Commission was presented a request for the appointment of a representative to serve on the Area Planning Advisory Committee to the Area Agency on Aging. It was noted that Ms. Nancy Bringhurst now serves as the elected secretary of this group and had been recommended for appointment. Motion by Commissioner Horne, seconded by Commissioner Maneval, that Ms. Nancy Bringhurst be appointed to serve on the Area Planning Advisory Committee as a representative of the City of West University Place. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised that he had visited with Attorney Bill Olson regarding work of the Charter Commission inasmuch as a number of the sub-committees had submitted drafts for legal review. Commissioner Horne recom- mended that Mr. Allums contact the Justice Department to preclude delays in the ,~:- m ~-- n [ n 227 proposed time schedule. Mr. Allumsftirther advised that he had completed arguments in the suit Ash vs WUP and would advise when a decision has been recieved. A request of Mr. Allums to attend a three-day session sponsored by the Southwest Legal Foundation on Decen~er 10, 11 and 12 was deferred by the Commission until the next meeting of the City Commission. STAFF REPORT: City Manager Dick Rockenbaugh presented the following letter received from Mr. Roy Harper, Chairman, Plumbing Board: At the request of, the City Commission, the Plumbing Board met in special session Thursday, November 6, 1980 to consider certain sections of the Plumbing Code and the Swimming Pool Ordinance as it concerns definition of a pool and requirement of eight foot setback from property lines in the construction of a pool on resi- dential lots. It is understood that a request has been made to the City Commission to amend the ordinances so that these requirements would be waived to accomodate a pool on a particular iot within the city. By official motion and majority vote, it is recommended that no exception or amendments be made to current requirements for pool construction. The City Manager was instructed to place this item on the agenda for the, next regular meeting of the City Commission. It was established by the City.Commission that the next workshop session would be set for Tuesday, November 25, 1980, with bicycle lanes, street paving peti- tions, fence height survey, and zoning recommendations to be included on the agenda. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made and seconded the meeting adjourned at 9:15 p.m. Mayor Cole announced that following a ten-minute break the Commiss10nwould go into Executive Session. ~JU~ ATTEST: ~~~ City Secretary .~~_J 228 REGULAR CITY COMMISSION MEETING NOVEMBER 24, 1980 u The City Commission convened in regular session at the City Hall on Monday, Novem- ber 24, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Horne, Maneval and Rosenbaum~ The City Attorney and City Manager were also present. The Invocation was pronounced by Commissioner Maneval. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission held on November 17, 1980, were presented for consideration. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that minutes of the regular meeting of the City Commission on November 17, 1980, be approved as submitted. Voting Aye: All Voting No: None STREET DEPARTMENT EMPLOYEE SERVICE AWARD: Resolution Number 80-29 was presented to the Commission and read in full: WHEREAS, August White was employed by the City of West University Place, Texas, on March 6, 1944, as an equipment operator in the Street Depart- ment; and WHEREAS, August White has been acting as Foreman of the Street 0 Dep'artment for the past twenty years, and is affectionately called '''Boss Man" by his fellow employees; and WHEREAS, August White has never been tardy nor absent for any reason other a job connected injury during the years of his employment with the city; and WHEREAS, August White is thoroughly familiar with all of the city's heavy equipment and operates the backhoe, front end loader, motor grader, bulldozer, etc., as may be required for various projects; and WHEREAS, August White has been instrumental in the installation of many hundreds of feet of the city's water, storm sewer and sanitary sewer lines; and WHEREAS, it is the desire of the City Commission to give recog- nition to August White for his unselfish service to the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City of West University Place, Texas, acting by and through its duly authorized City Commission, hereby commends August White for his distinguished service to the citizens and to the city. n u u ~..~-,.. 229 Section 2. That the City Commission, on behalf of all of the citizens of West University Place, Texas, expresses its grateful appreci~ ation to him for his unselfish devotion to his duties and for the manner in which he faithfully performs his responsibilities. Section 3. That this Resolution be spread in full upon the minutes of the City Commission and that the Mayor be, and he is hereby, authorized to deliver to August White a true copy hereof, signed by each member of the City Commission. PASSED AND APPROVED this 24th day of November, 1980. Motion p,yCommissioner Rosenbaum, seconded by Commissioner Maneval, that Resolu- tion Number 80-29 be approv.ed as read. Voting Aye: All Voting No: None Mayor Cole presented August White with the original of Resolution Number 80-29 which had been framed for the occasion and a gold watch. CHIEF OF POLICE.FRANK ROBINSON: Chief Robinson presented each member of the Commis- sion with a beautifully framed photograph of the entire Police Dep?rtment, noting that it was the first such departmental photograph made in eleven (11) years. Detective Vicki Ruhmann, President of the Police Association shared the occasion with Chief Robinson and expressed appreciation for the support given to the De- partment by the Commission. Commissioner Rosenbaum expressed appreciation for the photograph and expressed her appreciation to members of the Police Department for an excellent job. HEARING OF RESIDENTS: There were no residents in attendance at the meeting having matters they wished to bring to the attention of the City Commission. CONCERNS OF THE CITY COMMISSION: Commissioner Maneval noted that the City Commis- sion had been honoring some employees who have served for a long period of time, noting that there were other employees who had not been employed by the city for such a long time, but served equally well. Commissioner Horne expressed appreciation to the Fire Chief, Police Chief and City Manager for an excellent letter which had been forwarded to the Alcoholic Beverage Commis.sionsetting forth problems the city might encounter with the location of a club at the corner of University and Kirby and expressing confi.;.. dence that the letter would have a bearing on an application filed for a liquor license for such operation. HOUSTON-GALVESTON AREA COUNCIL MEMBERSHIP DUES: An invoice in the amount of $532.68 for membership dues to the Houston-Galveston Area Council for the period January 1, 1981 through December 31, 1981, was presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the City Commission approve payment of an invoice in the amount of $532.68 for membership dues to the H-GAC. Voting Aye: All Voting No: None 230 . BICYCLE AUCTION: A request was presented from Chief of Police Frank Robinson to hold an auction onDecember1~, 1980, for-the disposition of' twelve (12) unclaimed bicycles which had been recovered by the Police Department~ Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Commission approve an auction to be 'hEddon December 13, 1980, for the purpose of disposing of twelve unclaimed bicycles. Voting Aye: All Voting No: None AUTOMOTIVE EQUIPMENT: A request was.presented to advertise for bids for delivery of a 4-door sedan included in the 1980 budget for the Public Works Department and other automotive equipment included in the 1981 budget, noting that more response may be received from bidders by advertising for all units at onetime. Commissioner Rosenbaum noted that in some instances compact units, especially pick-up trucks were higher than the regular 6-cy1inder models and this should be taken into consideration when advertising for.bids. Commissioner Maneval asked that consideration be given to soliciting bids on a different basis, such as requesting dealers to bid with respect to their invoiced costs at a fixed price over or under such costs. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City Manager be authorized to advertise for bids for the following automotive units: 1 - four door sedan 3 - patrol units 1 - pickup truck 1 - cab & chassis 1 - Vac Air Jet Truck Engineering Dept. Police Department Inspection Department Street:Department Sewer Department Voting Aye: All Voting No: None UNIVERSITY BOULEVARD SHOPPING CENTER REMODELING: . City Attorney David Allums advised that he had made an on-site inspection of the center and that it was. his opinion that the most expeditious manner in which to handle the request filed by Mr. Jules Rosenbaum, owner of the property, would be by the issuance of a general remodeling permit to include other improvements to the property set forth by Mr. Rosenbaum, including installation of awnings, re-surfacing of the parking area, re-location of the dumpster used for trash removal and the facia work planned for the front of the building. Mr. Rosenbaum agreed to all of the improvements and stated that all would be completed within a sixty-day timeframe. Mr. Allums stated that he would review all provisions to be included in the general remodeling permit with the In- spector. Mr. Rosenbaum expressed his appreciation to the Commission and stated that he had been a real estate operator in the city since 1949 and though the:city had been kept lovely. u rn '~ w n u n 231 SWIMMING POOL CONSTRUCTION: They Commission was advised that a request by Mr. Chris McCann, #6 Auburn Place, for a variance from the provisions of the swimming pool ordinance had been reviewed by the Plumbing Board and it was the recommendation of such Board that no changes. be.made in the ordinance. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the recommen- dation of the Plumbing Board be accepted, and the request of Mr. McCann be denied. Voting Aye: All Voting No: None SOUTHWEST LEGAL FOUNDATION SEMINAR: City Attorney David Allums advised that he had made further inquiry into a three-day seminar in Dallas on December 10, 11 and 12, sponsored by the Southwest Legal Foundation and that non-member registration was $250.00, with registration being $150.00 for membership cities, with such membership costing $50.00. Mr. Allums also noted that .he had talked with other area city attorney who were planning to attend and thought the conference would be beneficial. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the city join the Southwest Legal Foundation and City Attorney David Allums authorized to attend the conference. Voting Aye: All Voting No: None ZONING AND PLANNING COMMISSION PRELIMINARY REPORT: The Commission was presented a preliminary report filed by the Zoning & Planning Commission to consider an application to rezone Lot 2, Block 92, West University 2nd Addition (3505 Bissonnet). The Commission.was advised that a Final Report will be filed sub- sequent to a public hearing and if such re-zoning was recommended it would be necessary for the City Commission and Zoning & Planning Commission to hold a joint public hearing. City Attorney David Allums advised the Commission that this property was owned by St. George' Orthodox Church and was included in plans for the property which were presented.to the Zoning and Planning Commission in 1970. Mr. Allums also stated that time was critical to this application inasmuch as the church had obtained funding for the project which might be lost if a long delay ensued. LEGAL MATTERS: City Attorney David Allums advised that a personal injury suit which had involved a motorcycle and a police patrol unit had been turned over to the city's insurance carrier. Mr. Allums also stated that he had not yet received an answer in the suit Ash vs the city. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that Mr. Elvin Ainsworth had resigned as a member of the Cha.rter Commission inasmuch as he was moving out of the city. It was established that members of the Charter Commission would call on consultant attorney Bill Olson for any assistance that might be desired in their work on preparation of a new City Charter. Mr. Rockenbaugh reviewed the agenda for a workshop session on Tuesday, November 25th and was advised that special consideration would be given to items one through four with additional items to be re-schedu1ed at a later date. .,..........u.-..._"'..-.., .. . '*_.......~.....,..,........ 232 BOARD AND COMMITTEE MEETING MINUTES: Minutes of the following board and committee meetings were presented to the Commission for their information: Plumbing Board meeting .on November 6', 1980 Zoning & Planning Commission meeting on November 13, 1980 Electrical Board meeting on November 17, 1980 Health Board meeting on November 18, 1980 Zoning Board of Adjustment meeting on November 19; 1980 ADJOURNMENT: With no further business to come before the Commission at this time upon motion duly made, seconded and carried, the meeting adjourned at 8:45 p.m. ~~ tS4. ATTEST: ~ /LL~ City Secretary n o u C. : .. n n 233 REGULAR CITY COMMISSION MEETING December 8, 1980 The City Commission convened in regular session at the City Hall on Monday, December 8,1980,7:30 p.m., with the following members present: Mayor Cole, presiding; Commis- sioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City Manager were also present. The Invocation was pronounced by Commissioner Rosenbaum. CITY COMMISSION MINUTES: Minutes of'the regular meeting of the City Commission on November 24, 1980, were presented for consideration. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that minutes of the regular meeting of the City Commission on November 24, 1980, be approved as corrected to reflect that bids for automotive requirements should have an al- ternate provision for trade-in and without trade~in. Voting Aye: All Voting No: None HEARING~OF RESIDENTS: Mr. Anderson Horne advised the Commission that he dB aot have any matters he wished to bring to the attention of the City Commission. CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens was advised that the Parks Trust Fund status remained the same pending recommendations for membership. It was re- quested that this item be included on a City Commission workshop agenda. PUBLIC WORKS DEPARTMENT UNIFORMS: In accordance with previous action of the City Com- mission, bids received for furnishing uniforms for members of the Water/Sewer De- partment were opened and results announced as follows: Best Uniform Texas Industrial National Linen Rate per week per employee Additional charges (if any) Preparation charges Lost garment charges Other 5.50 -0- -0- 4.00 each -0- 9.00 -0- 1.00 15.00 each -0- 5.75 -0- 1.00 6.00/8.00 -0- Motion by Commissioner Maneval, seconded by Commissioner Horne, that bids received for furnishing uniforms for members of the Water/Sewer Department be referred to the City Manager and staff for review and recommendation. Voting Aye: All Voting' No: None GENERAL CITY ELECTION: ...Ordinance Number 1163 was presented to the Commission and read in full: AN ORDINANCE CALLING AN ELECTION WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE SEVENTEENTH (17th) DAY OF JANUARY, 1981, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR (4) COMMISSIONERS: DESIGNATING THE POLLING PLACES; APPOINTING ELECTION OFFICIALS AND PROVIDING FOR THEIR 234 PAY; PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELECTORS SHALL BE QUALIFIED TO VOTE; PRESCRIBING THE FORM OF BALLOT; PROVIDING FOR NOTICE OF ELECTION; CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. ~ [ t '---...J BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That a general election shall be held in the City of West University Place, Texas on the 17th day of January, 1981, for the purpose of electing a mayor and four (4) commissioners of said city. Section 2. That said election shall be held in each of the four (4) election precincts heretofore established by the Commissioners' Court of Harris County, Texas, and the following presiding election judges and alternate presiding election judges be appointed, to wit: Voting Precinct #183 West University Community Building 6104 Auden Sally McCandless Stanley McCandless Presiding Judge Alternate Presiding Judge Presiding Judge J Alternate Presiding Judge Voting Precinct #133 City Hall 3800 University Boulevard Allan Goldstein Rhonda Feinberg Voting Precinct #87 West University Elementary School 3756 University Boulevard Vincent Fromen William Watson Presiding Judge A1ternate.Presiding Judge Voting Precinct #15 St. Andrew's Presbyterian Church 5308 Buffalo Speedway Charles Orsburn Ramsey Elder Presiding Judge Alternate Presiding Judge The presiding judge for each election precinct shall appoint not less than two election clerks to serve at the polling place under his jurisdiction. Each polling place and the polls thereat shall be open from 7:00 a.m. to 7:00 p.m. on said election date. Section 3. The judges and clerks of said election shall receive J compensation for conducting the election and filing the returns in accord- .~ ance with the provisions of Article 3.08 of the Texas Election Code, titled Pay of Judges and Clerks. u c u 235 Section 4. It is hereby determined by the City Commission that voting on the day of said election shall be by ,use of voting machines, . that absentee.~,:voting shall be by use of paper ballots and that the ballots' of said election shall conform to the requirements of the Texas Election Code and shall have printed thereon in English and in Spanish the names of the candidates and the office for which each candidate is seeking election. The period for absentee voting.by personal appearance shall begin on the twentieth day and shall continue through the fourth day preceding the date of the election; provided, however, that when the twentieth day falls on a day which is not a regular working day for the clerk's office, the absentee voting by personal appearance shall begin on the next succeeding regular working day. Absentee voting shall be conducted by Lee Lockard, City SecretaliY, and the place at which the absentee voting shall be conducted is designated as the office of the City Secretary in the City Hall, 3800 University Boulevard Houston, Texas, 77005, which is also the mailing address to which ballot applications and ballots voted by mail may be sent. Said City Secretary shall keep said office open for at least eight (8) hours, that is, from 9:00 a.m. to 6:00 p.m. on each day for absentee voting which is not a Satur- day, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5.05 Subdivision 3d, Texas Election Code, said City Secretary shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the City Secretary's office, and under no circumstances shall she permit anyone to vote absentee by personal appearance at any time when her office is not open to the public. Section 5. All resident, qualified electors of the City shall be entitled to vote. Section 6. This ordinance was read once by the City Commission and shall take effect immediately. Section 7. Notices of said election shall be given by posting a Notice containing a substantial copy of this ordinance in English and in Spanish at the City Hall, West University Place, Texas; by posting a substan- tial copy of this ordinance in English and in Spanish in each of the election precincts of said City not less than thirty (30) days prior to the date on which said election is to be held; and same shall likewise be published in English and in Spanish ina newspaper or newspapers published in Harris County, Texas, of general circulation in the City, and designated as an official news- paper of the City in accordance with the City Charter, said publication to be made not later than thirty (30) days prior to the date set for said election. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum; that Ordinance Number 1163 be approved as read. Voting Aye: All Voting No: None 236 PERSONNEL/PURCHASING DEPARTMENT TYPEWRITER PURCHASE: A request was presented to. the Commission to advertise for bids for purchase of two electric type- I writers for which funds were included in the 1981 budget, noting that delivery . time is quite extensive and that clerks<in the Personnel/Purchasing Department I , I and Public Works Department were in need of the typewriters. '___j Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the City Manager he authorized to advertise for bids for the purchase of two electric typewriters. Voting Aye: All Voting No: None WET WEATHER TRENCH AT SANITARY LANDFILL SITE: The Commission was advised that wet weather trench being excavated at the sanitary landfill site by Holland Con- struction Company had filled with water and that there was. a need. for an addi- tional trench approximately five (5') feet deep to be used during the time the original trench was being lined to prevent seepage. Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City Commission approve the expenditure of $1,000 to $1,200 to extend a contract with John Holland Construction Company for the excavation of additional wet weather trench at the sanitary landfill. Voting Aye: All Voting No: None CONSTRUCTION OF WATER WELL #7 AND 12" WATER TRANSMISSION LINE: 1164 was presented to the Commission and read in full: Ordinance Number AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY . DOCUMENTS TO RENEW AND EXTEND THE PROMISORY NOTE PREVIOUSLY AUTHORIZED BY ORDINANCE NUMBER 1146 DATED DECEMBER 29, 1979; PROVIDING FOR THE REPAYMENT OF SUCH AMOUNT SO BORROWED; AND PROVIDING THAT NO TAXES WILL BE LEVIED SINCE FUNDS HAVE BEEN PROPERLY APPROPRIATED AND DESIGNATED FOR THE REPAYMENT OF SUCH DEBT AUTHORIZED HEREIN. .~ I I J WHEREAS, the City Commission has heretofore authorized James M. Cole, Mayor of the City of West University Place, Texas, to execute a promisory note on behalf of the city to Chemical Bank of Houston in the principal amount not to exceed $350,000; and WHEREAS, such promisory note was executed on or about December 30, 1979, said note being due and payable on or before December 31, 1980; and WHEREAS, the City Commission has determined that the renewal and extension of saidpromisory note for an additional one (1) year period would be to the advantage of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ~\ Section 1. That the City Treasurer is hereby authorized to pay I I to Chemical Bank of Houston the sum of $70,000 to be applied as a principal ~ n u c n 237 reduction of the $350,000 promisory note, together with the sum of $15,944.44 representing interest accrued on said promisory note from date of execution through December 31, 1980. Section 2. That James M. Cole, Mayor of the City of West Univer- sity Place, Texas, be, and he is hereby, authorized to execute a renewable and extended promisory note on behalf of the city payable to Chemical Bank of Houston, in the principal amount not to exceed $280,000 at the interest rate of 5% per annum. Section 3. That James M. Cole, .Mayor of the City of West Univer- sity Place, Texas, be, and he is hereby, authorized to execute any additional documents required to renew and extend the loan agreement made between the city and Chemical Bank of Houston. Section 4. That repayment of any sum so borrowed and any accrued interest thereon shall be made from the Water/Sewer Fund, Retained Earnings Account. Section 5. That in view of adequate monies having been appropriated for repayment of any debt authorized to be created herein, no additional tax need be levied for repayment of the proposed indebtedness. Section 6. That this ordinance shall take effect and be in force from and after its passage and approval by the City Commission. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that Ordinance Number 1164 be approved as read. Voting Aye: All Voting No: .None 1980 BUDGET AMENDMENTS: The Commission was presented a recommendation submitted by Director of Finance Patrick O'Connor to amend the 1980 budget by the transfer of certain General Fund Departmental authorizations resulting in surplus to other Departments with deficit authorizations. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the City Commission approve amendments to the 1980 budget in accordance with the schedule contained in a letter from Director of Finance Patrick O'Connor dated December 1, 1980. Voting Aye: All Voting No: None UNIVERSITY BOULEVARD SHOPPING CENTER REMODELING: The Commission was advised that this item was included on the agenda inasmuch as no clear cut answer was given by the City Commission to a request by Mr. Jules Rosenbaum for the installation of brick on the front of buildings located in the center for which exact property lines" had not been established. It was noted that Mr. Rosenbaum had made such installation without obtaining a permit in accordance with his agreement with City Attorney David Allums. 238 Following a lengthy discussion regarding any need for action on the part of the Commission, it was recommended by Commissioner Horne that the City IU:I~ Attorney be requested to contact Mr. Rosenbaum for an explanation of his actions and a determination that the water-proofing of the buildings had been completed prior to the brick installation, and to work with the Building Inspector to see that all items previously agreed to were accomplished. LEGAL MATTERS: City Attorney David Allums advised that the case Ash vs City had been affirmed in the city's favor by the First Court of Civil Appeals. Mr. Allums also advised that it was believed by the Tax Department that no suits would be required on delinquent taxes and that he would furnish the Commission a complete status report on all legal matters at the next regular Commission meeting. STAFF REPORT: City Manager Dick Rockenbaugh reviewed items that should be considered by the Commission prior to the first of the year and was advised to prepare such items for a workshop session on Monday, December 15th at 7:00 p.m. ADJOURNMENT: With no further matters to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:45 p.m. ~z~ 1-1 LJ ATTEST: ~~ City Secretary u u c n 239 REGULAR CITY COMMISSION MEETING December 22, 1980 ..- The City Commission convened in regular session at the City Hall on Moriday, December 22, 1980, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Maneval and Rosenbaum. The City Attorney and City Manager were also present. Commissioner Horne was absent. The InvocatiOn was pronounced by Mayor Cole. Motion. by Commissioner Ahrens., seconded by Commissioner Maneval, that Items .13 and 14 on the agenda be considered first inasmuch as Commissioner Ahrens would have to leave the meeting. Voting Aye: All Voting No : None CONSOLIDATION OF FUND ACCOUNTS: Resolution No. 30...,.31 was presented to the Commis- sion and read in full: WHEREAS, upon recommendation of the city's Director of Finance Patrick O'Connor and further upon recommendation of the city's Certified Public Accountants, Coopers & Lybrand, the City Commission is of the opinion that to comply with Generally Accepted Accounting Principles and recommendation of the National Council on Governmental Accounting, the city funds should be consolidated into four (4) major accounts; and WHEREAS, upon recommendation by Patrick O'Connor the following accounts are recommended to accomplish this consolidation: 1. General Fund 2. General Debt Service Fund 3. Water and Sewer Fund 4. Federal Revenue Sharing Trust Fund WHEREAS, the City Commission has considered these recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That beginning on December 31, 1980, the Finance Director is hereby authorized to establish the following funds for the benefits of the city: 1. General Fund 2. General Debt Service Fund 3. Water and Sewer Fund 4. Federal Revenue Sharing Trust Fund Section 2. That within each of the funds set forth above, the Finance Director will allocate the various accounts of the city in compliance with State Statutes, and the City Charter and Code of Ordinances of the City of West University Place, Texas. 240 Section 3. This resolution shall take effect and be in force immediately from and after its passage and approval. PASSED AND APPROVED this day of , 1980. Motion by Commissioner Rosenbaum, seconded by Commissioner Ahrens, that Resolution Number 80-31 be approved as read. Voting Aye: All Voting No: None RESERVE AND DESIGNATED FUND BALANCES: The Commission was presented a recommendation by Director of Finance Patrick 0 'Connor that certain reserve and designated fund balances be established prior to the end of the year. :......... I I U Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the Finance Director be authorized to establish, prior to December 31, 1980, the following re- serve and designated account balances: A. GeneralFund Reserved Fund Balances Sick Leave Fire Truck Replacement 1983 Fire & E.C.Premitim WWTreatment Plant Contribution Air Conditioning-City Hall Sidewalk Repairs Designated Fund Balances Land Purchase Patrol Car Packer Truck Self-Insurance B. Water & Sewer Fund Reserve Fund Balances 1976 BondlWW Treatment Plant WW Treatment Plant Water/Sewer Contingencies 43,000 15,000 15,000 586,000 40,000 20,000 70,000 10,000 30,000 100,000 820,000 300,000 100,000 and further, that all prior existing reserves and designated fund balances by this Commission be superseded. All amounts not designated or reserved herein will be established as undesignated account balances. Voting Aye: All Voting No: None u CITY COMMISSION MINUTES: . Minutes of the regular meeting of the City Commission on lilll....~ Monday, Deoember 8, 1980, were presented for eonsfderation. lJ n Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that minutes of the regular meeting of the City Commission on December 8, 1980, be approved as submitted. Voting Aye: All Voting No: None HEARING OF RESIDENTS: There were no residents in attenance at the meeting. CONCERNS OF THE CITY COMMISSION: Members of the City Commission had no concerns for discussion at this time. 241 PUBLIC WORKS DEPARTMENT UNIFORMS: The Commission was presented a recommendation from Director of Personnel/Purchasing Patt Lilly that a bid for furnishing uniforms for Water/Sewer Department personnel be awarded to Best Uniform Supply Company based on the fact that they are the lowest bidder and that their bid meets all city specifications. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the recommendation of the city's staff be accepted and the proposal submitted by Best Uniform Supply Company be accepted. Voting Aye: All Voting No: None AUTOMOTIVE EQUIPMENT: Bids received for delivery of automotive requirements were opened and results announced as follows: 0 Tnl'lpp('t";nn nAp~rrmAnf" Standard Compact Charlie Thomas Base-Bid. 6,687.65 6,500.27 Ford Trade-In 600.00 600.00 Net Bid 6,087.65 5,900.27 Jack Roach Base-Bid 6,659.47 6,675.07 Ford Trade-In 850.00 850.00 Net Bid 5,809.47 5,825.01 Jimmie Green Base-Bid 6,634.40 8,137.55 Chevrolet Trade-In 765.00 765.00 Net Bid 5,869.40 7,312.55 Bob Robertson Base-Bid 6,542.10 6,945.55 Chevrolet Trade-In 700.00 700.00 Net Bid 5,842.10 6,245.55 Standard Public Works Department 7,054.02 400.00 6,654.02 6,899.02 325.00 6,574.02 7,266.49 315.00 6,951.40 7,121.44 350.00 6,771. 44 Police Department Unit 1 Uni t 11 Unit 111 n Jimmie Green Chevrolet Base-Bid Trade-In Net Bid 9,312.49 1,265.00 8,047.49 9,312.49 285.00 9,027.49 9,312.49 -0- 9,312.49 Compact 6,685.57 400.00 6,285.57 6,957.87 325.00 6,632.87 No Bid 6,006.86 350.00 5,656.86 ~ 242 Unit 1 Uni t 11 Unit 111 River Oaks Base-Bid 8,191. 70 8,191. 70 8,030.70 lJ Chrysler Trade-In 700.00 400.00 -0- Net Bid 7,491.70 7,791.70 8,033.70 Town North Base-Bid 8,158.91 8,158.91 8,046.95 Chrysler Trade-In 900.00 500.00 -0- Net Bid 7,258.91 7,658.91 8,046.95 Bob Robertson Base-Bid 8,414.75 8,414.75 8,414.75 Chevrolet Trade-In 1,000.00 800.00 -0..,. Net Bid 7,414.75 7,614.75 8,414.75 The Commission was advised that no bids had been received for delivery of a 19,000 GVW truck for the Street Department and that it would be necessary to request bids on this item at a later date. Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that bids re- ceived for delivery of automotive equipment be referred to the city's staff for tabulation, review and a recommendation to be presented at the next regular meeting of the City Commission. Voting Aye: All Voting No: None MUNICIPAL COURT CLERK: Resolution Number 80-30 was presented to the Commission and read in full: . WHEREAS, Joel Castaneda, III, employed as Police'. Dispatcher and appointed Deputy Clerk of the Municipal Court of the City of West University Place, has resigned his position with the city; and o WHEREAS, Linda Bingham has been employed as a Police Dispatcher and is qualified to serve as Deputy Clerk of the Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS. Section 1. That Linda Bingham be, and she is hereby, appointed Deputy Clerk of the Municipal Court of the City of West University Place, Texas. Section 2. That the appointment of Linda Bingham as Deputy Clerk of the Municipal Court of the City of West University Place, Texas, shall be effective with the passage of this Resolution and that she shall assume the duties of Deputy Clerk of the Municipal Court after having been administered the proper Oath of Office. PASSED AND APPROVED this day of , 1980. Voting Aye: All Voting No: None u Motion by Commissioner Maneval, seconded.by Commissioner Rosenbaum, that Resolution Number 80-30 be approved as read. n o u 243 ZONING AND PLANNING COMMISSION FINAL REPORT: A final report of the Zoning and Planning Commission concerning recommendations for rezoning Lot 2, Block 92, West University Place 2nd Addition, 3505 Bissonnet, was presented to the' Commission. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the City Commission accept the recommendation of the Zoning and Planning Commission and that a joint public hearing be called for Monday, January 12, 1981, to consider the Final Report. Voting Aye: All Voting No: None WASTEWATER TREATMENT FACILITY: An invoice in the amount of $22,725.00 submitted by Bayshore Engineers, Inc. for work completed in the preparation of plans and specifications for the construction of new wastewater treatment facilities was presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the City Commission approve payment to Bayshore Engineers, Inc. in the amount of $22,725.00 for work completed on the preparation of plans and specifications for the waste- water treatment facility. Voting Aye: All Voting No: . None WASTEWATER TREATMENT FACILITIES: An invoice in the amount of $17,291.82 submitted by Sanco Engineering for work completed in the preparation of plans and specifica~ tions for the construction of new sanitary sewer lift stations and force main was presented for consideration. Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the City Commission approve payment to Sanco Engineering in the amount of $17,291.82 for work completed on the preparation of plans and specifications for the construc- tion of new sanitary sewer lift stations and force main. Voting Aye: All Voting No: None HARRIS COUNTY APPRAISAL DISTRICT: The Commission was presented an invoice in the amount of $7,037.91 submitted by the Harris County Appraisal District as the city's share of the 1981 budget of the District. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that dis- cussion on this agenda item be included on the agenda for a workshop meeting of the City Commission to be held on Monday, December 29, 1980. Voting Aye: All Voting No: None STATUS OF LEGAL CLAIMS: City Attorney David Allums requested that discussion on this item be included under Legal Matters on the agenda. REPAIRS TO UNIT 11301: A request was presented for ratifica'tion of prior action of the City Commission to purchase a re-built engine for Unit 11301 used by the Police Department detectives, noting that while the unit is not in service mileage was being paid for use of private automobiles. 244 Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that the City Manager be authorized to purchase a re-bui1t engine for installation in Unit 11301. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums reviewed the current status of a number of pending legal claims. 1) Bruce Lee vs City Officials and Police Officer (Personal injury suit for alleged damages arising out of a patrol car and motorcycle collision). Suit referred to insurance carrier for answer and defense, with trial some 2~ to 3 years away. 2) John Gray vs Anderson and Clary (Police Officers) (Action for alleged viola- tion of Civil Rights of prisoner, claiming cruel treatment, disappearance ofa diamond ri~g and loss of a walking ca~e). Mr. Allums noted that the majority of the caSe has been dismissed by the court on his motion for Summary Judgment. 3) Dohenfort vs City (suit,;over seizure and impounding of a motorcycle when arrested). This matter has been settled and a motion to dismiss has been prepared and mailed to his attorney, but has not been returned. 4) City vs Chance Tucker (Suit filed by the city against the parents of a juvenile involved in an accident with a patrol unit to be used in event the juvenile fails to continue payment of damanges). 5) A1yne & James Go'uge vs City, Building Inspector, Assistant Building Inspec-'- tor (suit alleges Inspection officials entered premises without search warrant). Mr. Allums noted that Mr. & Mrs. Gouge have subsequently been divorced and moved out of the city and believes the suit will be dismissed if they can be contacted. 6) Paul McDonald vs City (Suit to challenge Building Code on setback require- ments). This matter has been held in abeyance while all code requirements were being studied. 7) Ballard vs City and two former police officers (suit alleges that slanderous and false statements were made by former officers against another officer) Depositions were scheduled but the attorney backed out at the last minute. No further action at this time. 8) Schroeder vs City (suit alleges all defendants acted on a witchhuntarid . conspiracy to embarass and injure him and slander) Defense of Mayor and former Police Chief being handled by insurance carrier wit4 City Attorney representing former police officers. 9) Ash vs City (suit for payment of unused sick leave at termination of employ- ment). Summary judgment granted city. u [ u n u o u 245 BOARD AND COMMITTEE MEETING MINUTES: Minutes of the following board and committee meetings were presented to the Commission for~their information. Zoning and Planning Commission meeting on December 11, 1980 Electrical Boardineetingon December 15, 1980 Zoning Board of Adjustment meeting on December 17, 1980 ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 9:00 p.m. ~o?Jf&6 ATTEST: ~.~~ City Secretary - 246 SPECIAL CITY COMMISSION MEETING Decemher 24, 1980 ~~J The City Commission convened in special session at the City Hall on December 24, 1980, 12:00 p.m., with the following members present: Mayor Cole, presiding; Commissioners Horne, Maneval and Rosenbaum. The City Attorney was also present. Mayor Cole announced that the purpose of the special meeting was to consider an ordinance calling a joint public hearing with members of the Zoning and Planning Commission to consider rezoning Lot 2, Block 92, West University Place 2nd Addi- tion for church use. Ordinance Number 1165 was presented to the Commission and read in full: AN ORDINANCE CALLING A PUBLIC HEARING AT 7: 00 P.M., MONDAY, JANUARY 12, 1981, TO CONSIDER A REPORT OF THE ZONING AND PLANNING COMMISSION RECOMMENDING AN AMENDMENT TO ORDI:"" NANCE NUMBER 111 TO REZONE LOT 2, BLOCI,< 92, WEST UNIVER- SITY PLACE 2ND ADDITION FROM A SINGLE FAMILY DWELLING DIS- TRICT TO CHURCH USE; PROVIDING FOR A JOINT HEARING ON SAID DATE BY THE CITY COMMISSION AND ZONING AND PLANNING COMMIS- SION; DIRECTING THAT NOTICE OF SAID HEARING BE GIVEN AS PROVIDED BY LAW; REQUIRING THAT A COpy OF THE REPORT OF THE ZONING AND PLANNING COMMISSION BE FILED IN THE OFFICE OF THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: o Section 1. That a public hearing shall be held at 7:00 p.m., January 12, 1981, at the City Hall of the City of West University Place, Texas, located at 3800 University Boulevard, to consider the report of the Zoning and Planning Commission recommending that Zoning Ordinance Number 111 of said City be amended to rezone Lot 2, Block 92, West University Place 2nd Addition, from a single family dwelling district to church use in the City of West University Place. Section 2. That such hearing shall be a joint hearing before the City Commission and Zoning and Planning Commission of said City. Section 3. The City Secretary shall publish notice of such hear- ing in the official paper of the City of West University Place, Texas, at least fifteen (15) days before the date of such hearing and in addition there- to shall mail notice of such hearing to the owners of property lying within 200 feet of any point of the above described lot; such owners shall be de- termined according to the current tax roll of the City of West University Place, Texas, and the mailing of such notice shall be made at least fifteen (15) days prior to the time set for the hearing. Section 4. A copy of the report of the Zoning and Planning J Commission shall be filed in the office of the City Secretary and shall be ! available for inspection by any interested party. ~ill Section 5. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this day .of , 1980. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Ordinance Number 1165 be approved as read. Voting Aye: All Voting No: None With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 12:15 p.m. rJ!JM- ATTEST: x~~~ City Secretary , L_._ 'I":T==.== _ 1c___________.__ __~'_____...JL__1 ~~,..l...E;-~F"."~~C"~~T'TI~.,=l _.~_ ______________________--.lr- .j-- .---.. ... .T"~.~~'l':~'Jl1[rnJE'-I: