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HomeMy WebLinkAboutMinutes_1981 2'"-ld PUBLIC HEARING CITY COMMISSION AND ZONING AND PLANNING COMMISSION January 12, 1981 The City Commission of the City of West University Place and the Zoning and Planning Commission of the City of West University Place convened at 7:00 p.m. at the City Hall, for the purpose of holding a,public hearing called for this date, with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Horne, Maneval and Rosenbaum; Zoning and Planning Commission members, Michael Casey, presiding; members Abell and Norton. The City Attorney and City Manager were also present. Zoning and Planning Commission members Farrell and LaCook were absent. Mayor Cole stated that this public hearing was being held jointly and simul,.... taneously by the City Commission and Zoning and Planning Commission for the purpose of giving consideration to a recommendation of the Zoning and Planning Commission to the City Commission dated December 12, 1980, to rezone Lot 2, Block 92, West University 2nd Addition for church use - church, church buildings and appurtenances Mayor Cole introduced himself and identified his residence in the city, followed by each member of the City Commission. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the Public Hearing to consider the proposition recommended by the Zoning and Planning Com- mission to rezone Lot 2, Block 92, West University Place 2nd Addition be opened. Voting Aye: All Voting No: None Chairman Casey introduced himself and identified his residence in the city, fol- lowed by each member of the City Commission. Motion by Mr. Abell, seconded by Mr. Norton, that the Public Hearing to consider the proposition recommended by the Zoning and Planning Commission ,to rezone Lot 2, Block 92, West University 2nd Addition, be opened. Voting Aye: All Voting No: None Mayor Cole requested that Chairman Casey explain action by the Zoning and Plan- ning Commission in connection with their recommendation to rezone the property and to make any statement he desired~ Mr. Casey stated that the Zoning and Planning Commission held a public hearing on the subject property at the request of the property owners to rezone the pro- perty for church use and that until the request was brought to their attention members of the Commission thought that the property had been rezoned about ten years ago and that it was now their desire to put the property into the proper zoning requirements. Mayor Cole reviewed the procedure to be followed in conducting the public hearing and administered the oath to Dr. William Attra, President, St. George Orthodox Church and Mr. Lar~y Dailey, architect. ,---- T'C'~ ,-- C~'I1='C"C""1" -----,-'~T"r -.,c----c--,--"=,-1i..r'-~'OlI 10 ,;IW------..,- ---- , --;"'''C'''Tnflir1''''f''';:! u [ n I I I I. 249 In response to a request by Mayor Cole, the secretary advised that legal notice had been published in the Houston Chronicle on December 25, 1980 and that notice was mailed to all property owners within 200 feet of the property on December 23, 1980. City Attorney David Allums advised that upon instruction of the City Commission an ordinance was prepared calling a joint Public Hearing of the City Commission and Zoning and Planning Commission, subsequent to which Ordinance Number 1165 had been passed and approved by the City Commission on December 24, 1980, to set the public hearing in motion. Dr. Attra stated that in 1970, he and other members of the church met with the Zoning and Planning Commission when they proposed to purchase the subject pro- perty which is adjacent to the lot on which the existing church structure and auditorium is located, as a part of a planned ten-year expansion and improvement program. Dr. Attra stated that they had been advised by the Zoning and Planning Commission that no action was required by the Commission as long as the use to which the property was put was an integral part of the church's operation and that the property could not be used for any commercial purposes. Dr. Attra further stated that with the foregoing action they had accomplished their remodeling plans, step by step, as outline, first, in the remodeling of the house located on this lot and the addition of parking spaces to serve the church which are located on this lot, and had now reached the final step of adding class rooms, a new kitchen and offices to the existing auditorium. He stated that he felt the plan would benefit the entire community as the church had always been active in West University community life, enjoying their loca- tion within the city and serving the city when possible such as the use of their auditorium for a senior citizens lunch program. Dr. Attra said the church had gone forward with their plans in good faith think- ing everything was in order with the city because of the previous decision. He stated they were perfectly willing to go through the proper procedure to rezone the property, but that their financing time had about run out and if they could not receive a permit to start construction within the next week or ten days, they would lose their financing and it would also stop their plans for expansion because of the national economic situation, inflation and financing interest. Dr. Attra stated further that a conditional permit had been issued for the pro- ject and he was now fulfilling the agreement by the church to follow the proper procedure for rezoning of the lot. There were no;"persons in attendance at the meeting desiring to speak against the rezoning of Lot 2, Block 92, West University 2nd Addition. Motion by Mr. Norton, seconded by Mr. Abell, that the Public Hearing be closed. Voting Aye: All Voting No: None Motion by Commissioner Maneval, seconded by Commissioner Horne, that the Public Hearing be closed. Voting Aye: All Voting No: None """,,"--l"~"-'~~-.- 250 Chairman Casey advised that it was the desire of the Zoning and Planning Commis- sion to re-affirm its recommendation as presented in its Final Report to the Ii:,,],! ., City Commission dated December 12, 1980, to rezone Lot 2, Block 92, West Univer- . sity Place 2nd Addition, 3505 Bissonnet, for church use, church, church buildings, and appurtenances inasmuch as it is in the best interests of the city to do so. Mayor Cole announced that the City Commission, after hearing all evidence will make its decision at a later time. With no further business to come before the public hearing at this time, upon motion duly made, seconded and carried, the public hearing adjourned at 9:20 p.m. ~lJ1M . Mayor ATTEST: ~ ~had-/ Cl. y ecretary o u u o rl 251 REGULAR CITY COMMISSION MEETING January 12, 1981 The City Commission convened in r~gular session at the City Hall on Monday, January 12, 1981, 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 Ahrens. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on December 22,1980 and a special meeting on December 24, 1980, were presented for consideration. Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that minutes of the regular meeting of the City Commission on December 22, 1980, and a special meeting on December 24, 1980, be approved as submitted. Voting Aye: All Voting No: None HEARING OF RESIDENTS: There were no residents in attendance at the meeting desiring to appear before the Commission other than those present to discuss matters on the agenda. COMMENDATION OF CAPTAIN JAMES 0 BRYANT: Resolution Number 81-01 was presented to the Commission and read in full: WHEREAS, James O. Bryant was employed by the City of West University Place, Texas, a police patrol officer on August 15, 1951; and WHEREAS, at varying periods during such employment, James O. Bryant has served in each position classification within the complement of personnel of the Police Department; and WHEREAS, James 0., Bryant was honored by the "100" Club of Houston as West University Police Officer of the Year in 1978; and WHEREAS, during all of his service James O. Bryant has per- formed his duty and responsibility in such manner as to reflect credit upon himself, his family, the City of West University Place and all of the citizens therein; and WHEREAS, Captain James O. Bryant is widely recognized as a true professional in the field of police activity and administration; and WHEREAS, the City Commission wishes to recognize Captain Bryant for his long and faithful service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: I-...I~' 252 Section 1. That Captain James O. Bryant be, and he is hereby, commended for his many years of leadership and faithful service to the City of West University Place, its citizens and employees. Section 2. That the City Commission individually expresses its grateful appreciation to him for his unselfish devotion. u Section 3. That this commendation be spread upon the minutes of the City Commission and that the Mayor be, and he is hereby, authorized to delivery to Captain James O. Bryant a true copy hereof signed by each member of th~ City Commission. PASSED AND APPROVED this 12th day of January;, 1981 Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Resolu- tion Number 80-01 be approved as read. Voting Aye: All Voting No: None Mayor Cole presented Captain Bryant the original of Resolution Number 81-01 which had been framed for the occasion together with an engraved gold pocket watch. CONCERNS OF THE CITY COMMISSION: Mayor Cole advised those in attendance at the meeting that the presentation concluded a program initiated by this City Com- mission to honor all city employees who had worked for the City of West Uni- versity Place twenty-five years or more, noting that the Sanitation Department, 0 Street Department, Water Department and Police Departments had" been invovled in such honors. ELECTRIC TYPEWRITERS: In accordance with previous action of the City Commission, bids received for delivery of two (2) electric typewriters were opened and results announced as follows: Bidder Net Bid De1iverv Date Dwane Davis International Dromgoole's (Hil1croft) Dromgoole's (Rice) IBM Royal Business Machines 838.00 1,804.00 1,934.00 2,017.25 1,682.00 Immediate Immediate Three Days March 7, 1981 Two Days Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that bids received for delivery of two (2) electric typewriters be referred to the City Manager and staff for review and recommendation. Voting Aye: All Voting No: None DEPARTMENT OF PUBLIC WORKS SEWER CLEANING MACHINE: In accordance with previous action of, the City Commission, bids,received for delivery of one (1) new pressure hydraulic sewer cleaner and manhole vacuum system were opened and results announced as follows: c n o n 253 Bidder Net Bid Deliverv Date Environmental Sa~es, Inc. Naylor Supply Company Naylor Supply Company (Alt.) 85,419.00 85,900.00 93,300.00 One Week 120 Days 120 Days Motion by Commissioner Horne, seconded by Commissioner Ahrens, that bids received for delivery of one pressure hydraulic sewer cleaner and manhole vacuum system be referred to the City Manager and staff for review and recom- mendation. Voting Aye: All Voting No: None AUTOMOTIVE REQUIREMENTS: Bids received on December 22, 1981, for delivery of automotive equipment included in the 1981 budget were reviewed by the City Manager and staff, and in accordance with instructions of the City Commis- sion, the following recommendation from Purchasing Director Patt Lilly was presented for consideration: Recommendations on the Purchase of City Vehicles These recommendations are based on the bids received, input from the Department Heads and information obtained by the Personnel/Purchasing Department. It should be noted that all trade-ins will be disposed of through public auction and for this reason only the base bids will be considered. The base bids have been provided on the attached sheets. After careful consideration my recommendations are as follows: Inspection Department Bids were received on both standard and compact size pickup trucks. A low bid of $6,500.27 was submitted by Charlie Thomas Ford, Inc., for a compact size Ford Courier pickup truck. The Courier has a 40 cylinder engine thatdget 22 mpg. Considering average yearly mileage and the cost of gasoline, the Courier would save the city approximately $100.00 a year in fuel cost. It should be noted that the Courier meets all specifications except one, that being the non-availability ofinstru- ment gauges. Mr. Perry assured me that this would not present a problem and whole-heartedly endorsed the purchase of the Ford Courier. The Ford Courier bid on by Charlie Thomas Ford represents the lowest bid, fuel economy and Department Head preference and for these reasons I recommend its purchase. Police Department Bids have been received on two makes of cars, the Chrysler LeBaron and the Chevrolet Malibu. Please refer to the attached sheet titled "Police Department", for bids. Chief Robinson has had an opportunity to drive the Chrysler product and his conclusion was that the car performed well but that it had two serious design problems. The trunk design does not permit proper installation of the radio equipment. Also, the Chrysler product comes with a fender mounted AM radio antenna, ---:~"...,....- 254 which presents a safety problem since it could be ripped off and used as a weapon against a Police Officer. Chief Robinson also pointed out that there would be a $150.00 cost to refit our existing seat barriers into the Chrysler LeBaron. The Chevrolet product does not present these design problems or the additional refitting expense. This is the first year that the LeBaron has been used as a Police Patrol car and because of this its reliability has not been proven. On the other hand, the Malibu has been in service as a Police Unit for the last three years by a number of Police Departments and has proven to be a safe and very reliable vehicle. Our own experience with the Malibu has been excel- lent. I feel the design problems of the Chrysler LeBaron and its unproven relia- bility makes it an inferior product in comparison the Chevrolet Malibu. My recommendation is that three Chevrolet Malibus be purchased from Bob Robertson Chevrolet. Public Works Department I have been informed by the River Oaks Chrysler Plymouth and Plymouth that the bids submitted by them were for the entire they did not want to be considered for individual purchases. their bid will not be considered. Town North Chrysler package and that For this reason Bids have been received on both compact and standard size cars. Please refer to attached sheet titled "Public Works Department", for base bids. The compact car from Bob Robertson Chevrolet represents the low bid. If the compact vehicle was to be used by the Finance Department or the Community Services Department I would have no difficulty in recommending its purchase. Since it is being purchased to be used by the Public Works Director I am con- cerned about the type of use it would receive. Mr. Eby informed me that many times he is called to a job site and must carry different types of equipment with him depending on the situation. The compacts do not have trunks, only interior cargo space which would be quickly torn up if equipment was loaded or unloaded frequently. Mr. Eby also pointed out that space in the compact cars would not be adequate for city radio installation. It is my opinion that a standard size car would better serve the Public Works Department. I have driven both the Ford Fairmont and Chevrolet Malibu and the Malibu seems to be the far superior car in terms of driving performance, interior noise and comfort. Both cars get the same gas mileage and both meet all specifications. It is my recommendation, based on the performance of the cars driven, that the City purchase the Chevrolet Malibu from Bob Robertson Chevrolet. INSPECTION DEPARTMENT BASE BID Bidder S'tandard Compact Charlie Thomas Ford Jack Roach Ford Jimmie Green Chevrolet Bob Robertson Chevrolet 6,687.65 6,659.47 6,634.40 6,542.10 6,500.27 6,675.07 8,137.55 6,945.55 ~- II , I '-------' o lJ u o n I 255 POLICE DEPARTMENT BASE BID Bidder Unit 1 Unit 11 , Unit III Jimmie Green Chevrolet River Oaks Chrysler Bob Robertson Chevrolet Town North Chrysler 9,312.49 8,191. 70 8,414.75 8,158.91 9,312.46 8,191. 70 8,414.75 8,158.91 9,312.49 8,033.70 8,414.75 8,046,95 PUBLIC WORKS DEPARTMENT BASE BID Bidder Standard Compact Charlie Thomas Ford Jack Roach Ford Jimmie Green Chevrolet Bob Robertson Chevrolet 7,054.02 6,899.02 7,266.49 7,121.44 6,685.57 6,957.87 No Bid 6,006.86 Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the City Commission accept the recommendation of the Director of Personnel/Purchasing and the pickup truck for the Inspection Department be purchased from Charlie Thomas Fo,rd on their low bid of $6,500.00 for delivery of a Ford Courier truck, and that three police patrol units be purchased from Bob Robertson Chevrolet on their net bid price of $8,414.75 for each unit. Voting Aye: All Voting No: None Considerable discussion was held regarding the purchase of an automotive unit for use by the Director of Public Works including the fact that this would provide the city an opportunity to establish performance of a compact unit; the availability of pickup trucks within the Department of Public Works for use in moving various equ~pment to job sites within the city; and the cost involved for the compact model as compared to the standard model. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that the recommendation of the Director of Personnel/Purchasing be accepted and a Chevrolet Malibu be purchased from Bob Robertson Chevrolet on the net bid of $7,121.44. Voting Aye: All Voting No: None WATER/SEWER FEES: Ordinance Number 1166 establishing water/sewer user fees in accordance with requirements of the Environmental Protection Agency and Texas Department of Water Resources 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 CHAPTER 24, ARTICLE IV; AND PROVIDING AN EFFECTIVE DATE. L-_...J..W- l...l .'1'1"'". I' 256 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 24-60(b) of the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that hereafter said Section shall read as follows: Section 24-60(b) Penalty In the event such customer does not pay the amount due within ten (10) days from the date of his bill, there shall be assessed and charged a penalty charge of ten percent (10%) of the amount due~ Any person who shall render payment with a check returned unpaid shall be assessed and charged a penalty of $5.00.", Section 2., That Section 24"..61 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that here- after said Section shall read as follows: Section 24-61. Same - Resumption of Service Any consumer of city utilities whose service has been discontinued may not again have utility service without the payment of all delinquent bills and the payment of service charge of five ($5.00) dollars and a new deposit as required by Section 24.63." Section 24-63. Water and sewer service deposit - Charges (a) Any person who shall apply to the City for water, arid sewer service shall be required to deposit with the Water/Sewer Depart- ment the sum of fifteen ($15.00) dollars if such person is at that time the owner of the property for which the application is made; and the sum of twenty ($20.00) dollars if at the time such application is originally made such applicant is not the owner of the property for which the application is made. Com- mercial users shall be required to deposit with the Water/Sewer Department the sum of twenty-five ($25.00) dollars. (b) The Director of Finance may require a deposit of up to triple the unpaid balance amount (including past due and current amounts) on delinquent accounts, such additional de- posit to be returned provided the account is kept current for a period of six (6) months. (c) Any person who shall apply to the city for temporary water service shall be required to pay a temporary connec- tion charge of five ($5.00) dollars." Section 4. That Section 24-66(a) of the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that hereafter said Section shall read as follows: "Section 24-66(a). Water consumption rates established '''''~; :, [J o " n 257 o (a) Rates. The following schedule ofresidentia1 and commercial water rates to be charged for use of water supplied by the city "shall'apply'-tocalh'consumers: Residential. ,Rate: Minimum monthly charge, for the first 3,000 gallons or le.55"....... e. . . . . . . . . . . . . -. ., . . . . . . . . . . . . $ 4.00 Each 1,000 gallons thereafter.................... 1. 22 Commercial Rate: Minimum monthly charge, for the first 3,000 gallons or less................-...-....-.:._........~..$ Each :L.OOO gallons thereafter.................... 10.,00 1.22 Section 5. That Sec.tion24-67(a) of the Code of Ordinances of the City of West UniversityPlace,.Texas, is hereby amended so that hereafter said Section shall read as follows: "Section 24,...57(a). Sewer service charge (a) There is hereby assessed and levied ,a monthly charge for each and every connection with the sanitary sewer of the city: Residential Rate: Minimum monthly charge, for the first 3,000 gallons of..water used.............................$ Each 1,000 gallons of water used thereafter...... 2.50 0.78 Commercial.Rate: Minimum monthly charge, for the first 3,000 gallons of water used................ .,...........$ Each 1 ,000 gallons of water. used thereafter... u . 2.50 0.78 Section 6. This ordinance shall take effect and be in force immediately from and after its passage and approval. PASSED AND APPROVED this day of , 1981. Motion by Commissioner Ahrens, seconded by, Commissioner Rosenbaum, that Ordinance Number 1166 be approved with the following changes: Section 24..,.60(a) be changed to read: "In the event such customer does not pay the amount due within fourteen (14) calendar days from the date of his bill, there shallbe'assessed and charged a penalty charge of ten percent (10%) of the amount due." Section 24.66(a) be changed to a minimum monthly charge for the first 3,000 gallons or less be three ($3.00) dollars rather than four ($4.00) dollars.! Voting Aye: Ahrens Voting No:, Cole Horne Maneval Rosenbaum ....L_ ~ L..L___. _ _--'l._.J~ "'~ . ~I ,.u~.~__"--'l.. Illl' ",U,HJU JL" ,JIII:"'lhl,I,,1 I I Ilillll II 1I11111!:11 ,; 1 Ii I III II 258 Motion by Commissioner Horne, seconded by Commissioner Maneval., that Ordi- nance Number 1166 be approved with the following change: Sec,tion 24-60 (a) be changed to read: "In the event such customer doesnot pay the amount due within fourteen (14) calendar days from the date of his bill, there shall be assessed and charged a penalty charge of ten percent (10%) of the amount due." o Voting Aye: All, Voting No: None AMENDMENT TO. ORDINANCE NUMBER 111: Ordinance Number 1167 was presented to the Commission and read in full: AN ORDINANCE FIND.ING AND ,DETERMINING .THATEACH AND ALL THE PROCEEDINGS HAVE BEEN HAD ,AND ,ALL 'THINGS;DQNE PREREQUISITE TO THE HOLDING OF A PUBLIC HEARING TO CONSIDER THE AMENDING OF ZONING ORDINANCE NO. III OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, SO AS TO PER- MIT ST. GEORGE ORTHODOX CHURCH TO USE LOT 2, BLOCK 92, WEST UNIVERSITY PLACE 2ND ADDITION FOR CHURCH PURPOSES; FINDING THAT A PUBLIC HEARING FOR THE PURPOSE OFCONSI~, DERING AN AMENDMENT TO ORDINANCE NO. III HAS BEEN DULY AND LEGALLY HELD ;APPROVlliG AND ADOPTING THE REPORTED RECOMMENDATION OF, THE ZONING AND,PLANNING COMMISSION THAT ORDINANCE NO. III BE AMENDED TO PERMIT SAID LOT TO BE USED FOR CHURCH PURPOSES; FINDING THAT ORDINANCE NO. 111 OF THE CITY OF WEST UNIVERSITY PLACE SHOULD BE AMENDED SO AS, TO PERMIT, SUCH USE; AMENDING ORDINANCE NO.lll PERMITTING SUCH USE; AND PROVIDING AN EFFECTIVE DATE. o WHEREAS, St. G~orge Orthodox Church has heretofore duly and properfyrequested permission to use Lot 2, Block 92, West Unive~sity Place 2nd Addition for the purpose of constructing church buildings thereon and/or to use such, property in connection with the operation of said church; and WHEREAS" ,the Zoning and Planning Commission of the City of West University Place, having considered the said request of St. George Orthodox Church, has submitte~ its recommendation that the same should be granted subject to a public hearing before the City Commission of said City; and WHEREAS,. proper notice of such hearing was given by publication in the Houston Chronicle and that notice was mailed to each of the owners of property within 200 feet of the aforesaid lot; and WHEREAS, pursuant to such notice a public hearing was held by the City Commission at the City Ilall,3800 University Boulevard at .7:00 o'clock P.M., Monday, January 12, 1981; and WHEREAS, the City Commission is of theop1n1on that.the appli- cation of St. George Orthodox Church should be granted. o NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: o o 0'. i:' 1:- I i' ' 259 Section, 1. That the City Commission of the City of West University Place hereby finds and determines that all formalities re- quired,byOrdin~nceNo. lllCif said ,City relative to the.request of St. George Orthodox Church for an amendment to.. the said Ordinance to permit the use of Lot 2, Block 92, West University Place 2nd Addition for church purposes, have been duly complied with and met. Sectiori2. That the. report and recommendation of the Zoning and Planning Commission relative to the application of St. George Ortho- dox Church be, and it is hereby, approved and adopted. Section 3. That Section 4 of Ordinance No. 111 of the City of West University Place, Texas, is hereby amended by the addition of a sub-paragraph to.read as follows: "Lot 2, Block 92, West University Place 2nd Addition, may hereafter be: used by St. George, Orthodox Church for the construction of church buildings thereon and other uses incidental to the operation of said church., provided however, that such use shall in all other things comply with the existing ordinances and Build:Lng Code of the City of West University Place, Texas." PASSED AND APPROVED this day of , 1981. Motion by Commissioner Rosenbaum,.seconded by Commissioner Maneval that Reso- lution Number 1167 be approved as read. Voting Aye: All Voting No: None FENCE CONSTRUCTION: Ordinance No. 1167 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 6-39; THE ADDITION OF SECTION 6-54; REDESIG- NATING SECTION 6-55; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ,Section 1. That Section 6-39 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that here- after said Section shall read as follows: "Section 6-39. Maximum height (a) No fence or free stand,ingwall may be constructed on : anYl'priyate(;;pq)pertY:2exc~ediIlgte:i;ght-< 8t).:; feet in height measured from the natural ground level or grade at the proposed fence location, except as pro- videdin Sub-section (c) be.1ow. (b) A fence not to exceed eight (8') feet in height may be constructed on the property line between a lot 11 II!! ',I 1:!'!i!iHlllilll'III' I, L, uITlITiCl' ",1,1 ,-1ii" '[II If' ' , .. ' ''jIT,'lfTiIOJI], I ,: :11 , 1.1 UIL .IL.J", "" JIll:, UUII IIIVill:11 I I : I II II 260 zoned f~rsingle~family dwelling use and a lot zoned for any other use and said fence may extend to the front property line of,the lot zoned for single-family dwelling use. o (c) A fence or free ,standing wall m9Y be constructed ,on any private property not exceeding six (6') feet in height measured from the natural g~ound level or grade if one or more of the following :conditions exist: '(1) Less than s,even, :(7') feet measured from a house or building wall to an adjacent house or building wall. (2) Twenty.,..four (24") inches or less separate the eaves of adjacent houses or buildings and the proposed fence. (3) A hazard to, property or persons would be created by the construction of ~L.fence~" Section 2. That Section 6-54 of the Code of Ordinances of the City of West University Place., Te,~as", is hereby amended so that hereafter said Section,shall read as follows: "Section 6-54. Maintenance o All property owners and/or occupants are r~quired to maintain any fence in good,repair,so-as not to endanger any person and/or property." Section 3. That the Code of ,Ordinances of the City of West University Place, Texas, is hereby amended by the addition thereto of Section 6'.55 which said Section shall read as follows: "Section 6-55. Penalty. Any person, agent or employee of any person, firm or, corporation violating the provisions of this article shall be fined not less than $1.00 nor more than $200.00 and each day such person, firm or corporation shall allQw such violation to ,exist shall constitute a separate and additional offense." Section 4. This ordinance shall take effect and be in force immediately from and after its passage and approval. PASSED AND APPROVED this day of, " 1981. Motion by Commission Horne" seconded by Commissioner Rosenbaum, that the D' City Attorney be instructed to re-draft Ordinance Number 6-55 to reflect the desires of the Commission regarding the construction of fences between two residences and the item deferred for further consideration at a special ~ o o 261 meeting of the City Commission on January 19, 1981. Voting Aye: All Voting No: None BICYCLE LANES: Ordinance Number 1169 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 23~81; PROHIBITING PARKING IN DESIGNATED BICYCLE LANES DURING SPECIFIED,HOURS; DESIGNATING BICYCLE ROUTES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section L That Section 23~181 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that hereafter said Section shall read as follows: "Section 23~181. Establishment of Bicycle Lanes There are hereby established in the City of West University Place, Texas, bicycle lanes to be designated primarily for the use of bicycles in the following locations: North and south side of University Boulevard from Community Drive to Kirby Drive West side of Ed10e from University Boulevard to Rice Boule- vard The Traffic Engineer is directed to post appropriate signs and use other traffic control devices as shall be necessary to properly mark said bicycle lanes." Section 2. Parking is prohibited Monday through Friday during the following hours in these designated lanes: No parking from 7:00 a.ID. to 9:00 a.m. on the south side of University Boulevard from Community Drive to Auden Street No parking from 7:00 a.m. to 9:00 a.m. on the north side of Uriiversity Boulevard from Ed10e to Kirby Drive No parking from 2:00 p.m. to 6:00 p.m. on the north side of University Boulevard from Community Drive to Auden Street No parking from 2:00 p.m. to 6:00 p.m. on the south side of University Boulevard from Ed10e to Kirby Drive No parking from 7:00 a.m. to 9:00 a.m. and from 2:00 p.m. to 6:00 p.m. on the west side of Ed10e from University Bou1e~ vard to Rice Boulevard, 1- ~ ----.L.....................J~ ...~ ~"':."'::J .,(rl .n "1' I' L ., 1IIIIllil J. I. ...J'"Ir::::;r-:::L . '''""nllll'' . ,.I.LHI1,,1..,_ ,.JI1I1. ,Ii "I I' IIIIII Iii I ~ Iltl if : I I . I '1 ~:~~r:F" .: :; l'f1 262 Section 3. The following locations are designated as bicycle routes within the City of West University Place: On the north and south side of Edloe from Rice to Sunset On the north and south side of Academy from Bellaire to Law On the north and south side of Sewanee from Bellaire to Bissonnet On the north and south side of Belmont from Bellaire to Bissonnet o The Traffic Engineer is directed to post appropriate signs as shall be necessary to properly mark said bicycle routes. Section 4. This ordinance ,shall take effect and be in force immediately from and after its passage and approval. PASSED AND APPROVED this day of , 1981. In response to an invitation from Mayor Cole, the following residents in at- tendance at the meeting spoke to Ordinance Number 1169: Mrs. Sandy Moore, 4226 University Boulevard, stated that she was completely opposed to the ordinance and residents would be required to spend lots of money to concrete their lawns for parking. Ms. Ann McCay, 4102 Tennyson, stated that the streets were too narrow for both bicycle lanes and automobiles. Mrs. Lynn Stevens, 3507 Rice, stated that she was Chairman of the Safety Com- 0 mittee at West University Elementary School and that such Committee has re- quested bicycle lanes in order to provide a safe route for children to get to school. Mr. David Cole, 4109 Cason, suggested that the bicycle lane be stopped at West Point since that is where children turn off ,University to go to Colonial Park. Mr. Cole noted ,that the majority of the children riding bicycles do not pay attention to any traffic control devices and should be taught to ride their bicycles on the correct side of the street. Mr. Jim Norton, 3312 University, stated that he had thought about bicycle lanes since the issue was brought up over a year ago and that it was his feeling that such an ordinance was unnecessary and meddlesome. Mrs. Sue Cole, 3523 Robinhood, asked if there had been a strong bicycle safety program in the school and if not why such program had not been held before consideration of an ordi~ance designating bicycle lanes. Mayor Cole then requested members of the Commission to speak to the,ordinance. Commissioner Horne: Directions shown on the ordinance for streets designated as bicycle routes should be east and west rather than north and south as shown in the ordinance. Commissioner Horne stated that he would vote against the ordinance. o Commissioner Rose~baum: Stated that children should be ~aught to observe all bicycle laws and the establishment of bicycle lanes would not keep children from being seriously hurt. Commissioner Rosenbaum indicated that she would ~ ~ o 263 vote against the ordinance. Commissioner Maneval: Questioned the number of children who actually use the bicycle lanes. Commissioner Ahrens: Stated that bicycle lanes and bicycle routes had been discussed by the City Commission in workshop sessions, regular meetings and public hearings for the two years he had been in office and that a workshop meeting the previous week members of .the Commission had indicated that they were in complete agreement with provisions of the ordinance. Motion by Commissioner Ahrens that Ordinance Number 1169 be approved with the correction of directions for the designated bicycle routes. Motion died for lack of a second. MUNICIPAL COURT ASSOCIATES: The Commission was advised that in ,accordance with the provisions of the City Charter consideration should be given to the re- appointment of Associate Judges and Prosecutor for the Municipal Cour.t. Motion by Commissioner Horne, seconded by Commissioner Maneval, that Michael Schneider and Terry Collins be reappointed Associate Municipal Court Judges and Thomas Taylor reappointed Associate.Municipal Court Prosecutor. Voting Aye: All Voting No: None DISPOSITION OF SPOIL AT SANITARY LANDFILL SITE: City Manager Dick Rockenbaugh advised.the Commission that he had dis.cussed an agreement proposed by the Lower Keegans Bayou, Improvement District, for the disposition of spoiL in the city's sanitary landfill and that representatives of Turner, Collie and Braden were agreeable to the limitation of 110,000 cubic yards~ Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Manager be authorized to execute a contract with the Lower Keegans Bayou Im- provement District for the disposition of a maximum of 110,000 cubic yards of spoil in the city's sanitary landfill. Voting Aye: All Voting No: None PARKS DEPARTMENT LAWN,TRACTOR: The> Commission was advised that inasmuch as bids received on October 14, 1980 for purchase of a lawn tractor for use by the Community Services Department had been rejected by the Commission, such pur- chase should be readvertised. Motion by ,CommissioBer Horne, seconded by Commissioner Maneval, that the City Manager be authorized to advertise for bids for purchase of a lawn tractor. Voting Aye: All Voting No: None GASOLINE DISTRIBUTION SYSTEM: A request was>presented to advertise for bids for a gasoline distribution system to provide better control and records of gaso- line distribution. ,1.'I!U1LLL. ,lll. I I, ,I II III 1111'11111'" I 'I =1 111 264 Motion by Commissioner Horne, seconded by Commissioner Maneval, that,the City Manager be authorized to advertise for bids for the purchase of a gasoline distribution system. Voitng Aye: All Voting No: None o HARRIS COUNTY TAX APPRAISAL DISTRICT: Motion by Commissioner Horne, seconded by Commissioner Rosenbaum that consideration of the payment of $1,759.48,for the first quarter of 1981 to the Harris County Tax Appraisal District be deferred until the January 19th meeting of the City Commission. Voting Aye: All Voting No: None SIDEWALK REHABILITATION PROGRAM: Motion by ,Commissioner Maneval, seconded by Commissioner Rosenbaum that consideration ofa sidewalk rehabilitation ,pro- gram be deferred until the January 19th meeting of the City Commission. Voting Aye: All Voting No: None DESIGNATION OF OFFICIAL NEWSPAPER: The Commission was advised that an official newspaper for the city should be designated for the year 1981. In respo~se~to=a request fora recommendation, City Secretary Lee Lock~rd ' advised th~t it would be preferable to have the Houston Post and Houston Chronicle designated as the official newspaper for the city inasmuch as it had been almost impossible to obtain affidavits of publication from the Suburbia Reporter and that their billing system resulted in confusion in the Finance Department. o Motion by Commissioner Maneval, seconded by Gommissioner Horne, that the City Commission accept the recommendation of the City Secretary and the Houston Post and Houston Chronicle be designated as the official newspaper of the city for the year 1981. Voting Aye: All Voting No: None STREET DEPARTMENT CAB AND CHASSIS: The Commission was requested to authorize the re-advertising of bids for delivery of a cab and chassis unit for' the Street Department inasmuch as no bids were received on December 22, 1981. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Manager be authorized to advertise for'bids for delivery of a cab and chassis. Voting Aye: All Voting No: None LEGAL SERVICES: The, Commission was advised that an invoice in the amount of $5,541.05 had been received from City Attorney David Allums for legal services rendered during the months of October, November and December. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the City Commission approve, for payment an invoice submitted by City Attorney David Allums in the amount of $5,541.05. Voting Aye: All Voting No: None o L G u "-t'F-:~:T-''''~'< 265 1980 TAX COLLECTION REPORT: Tax Assessor/Collector Donna Sims presented the fol- lowing report on the collection of 1980 taxes: A13 of December 31, 1980, the total collected of 1980 tax income equaled $1,311,970.00. ,(Includes payments postmarked 12-31-80) As of January 9, 1981, the total collected of 1980 tax income equaled $1,317,691.00. Of a total adjusted tax roll equaling $1,422,785.00~ the above figures represent;, a total collected on the above dates of 93.2114% and 92.6135% respectively. LEGAL MATTERS: City Atto:r:ney David Allums advised the Commission that he had no new matters to bring to their attention at this time. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that one of the fire trucks had a bad shaft in the water pump but should be repaired and back in service during the week. Mr. Rockenbaugh also advised that the new purchasi.ng program had been implemented and that Mr. Dieter Ufer had indicated phat he was working on the city's Step 3 Application for the construction of new wastewater treatment facilities. Mr. Rockenbaugh further advised that some problems had ,been experienced in the electric pump on the new ater well and.that Layne-Western Company had been called. Mr;Rockenbaugh's final report was to advise that interviews would commence on Wednesday evening for the position of Senior Services Director. Members of the City Commission requested that the City MamJ.ger make arrangements for a group photograph to be made of the City Commission on Monday, January 19th. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 10:10 p.m. ~?!1~ ATTEST: O(:,v~~~ City Secretary LL....i..JJ~ 1-.lri:iiPlliH:[1~~I. ,I1LII,LL 'liE' .-.. ".-r::T".':r::r :Llj,~. .L I I;ill [lIt L.U ,Jill I I --'-1 ---'-l-II"lTr 111111'11 .-1- T I 266 SPECIAL CITY ,COMMISSION MEETING .TRnttRty ~ qi, 1 qRl ;,_ '-. The City Commission convened in special session at the City Hall,nn Monday, January 19, 1981, with the following members present: Mayor Cole, presiding, Commissioners Ahrens" Horne, Maneval and Rosenbaum. The City Attorney and City Manager were also present. CANVASS OF ELECTION RETURNS: The returns of the General City Election held on Saturday, January 17, 1981, submitted in sealed envelopes to the attention of the Mayor and City Commission were presented and opened by Mayor Cole. The results, as certified by the Precinct Judges, were read by the Mayor and canvassed by the City Commission, whereupon ,the Mayor ,requested that City Attorney David Allums read Resolution Number 81-03: WHEREAS, in accordance with the Charter of the City of West University Place, Texas; the Texas Election Code and Ordinance Number 1163 ,of the City of West University Place, a general City Election was held on January 17, 1981, in the City of West University Place for the purpose of electing a Mayor and four Commissioners for a two-year term as prescribed by the City Charter; and o WHEREAS, in accordance with the terms and prOV1S10ns 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 0 Commission of the City of West University Place, Texas; and WHEREAS, the Mayor and City Commissioner~ of the City of West University, Place, Texas, in special session, assembled on Januar,y 19, 1981, 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 as a result of such examination and canvass, said Mayor and City Commissioners find that at such election the following votes were cast: Name Candidate for Precinct 15.... Precinct 8L Precinct 1.3.3... Dr. R.F. Stanley, Jr. James M. Cole Mayor Mayor 347 430 217 189 209 230 202 233 230 331 422 230 172 198 209 339 441 207 322 391 205 348 425 238 166 197 188 209 218 230 John L. Maneval Philip Lewis Janet Messer Joseph Polichino, Jr. Jerald B. Jackson Marylynn S. Forristall , Eileen Goin Harold A. Smith Commissioner Commissioner Commissipner Commissioner Commissioner Commissioner Commissioner Commissioner WHEREAS, asa result of such election, it was determined that Dr. R. F. Stanley, Jr., with a total of,l,468 votes cast for him was elected MAYOR,of the City of West University Place, Texas; and that Marylynn S. Forristall, with a total number of 1,487 votel;l cast for her, and Precinct J..8,J... 474 307 317 486 284 452 443 476 261 32D ~ ~ o (:: I" n,;: ?67 Philip Lewts, with a total number of 1,469 votes cast for him, and Joseph Po1ichino,Jr., with a total number of 1,439 votes cast for him, and Jera1d B. Jackson, with a total number of 1,361 votes cast for him" have been elected COMMISSIONERS of the City of West Univer-' sity 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 arid City Commission to be.that: Dr. R. F. Stanley, Jr. was elected Mayor Marylynn S. ForristalL was elected Commissioner Philip Lewis was elected Commissioner Joe Polichino, Jr. was elected Commissioner Jerry Jackson was elected Commissioner of the City of West University Place, Texas at said election and shall serve in such capacity until the next regular election of a Mayor and City Commissioners as_prescribed by the City Chanter. Section 2.. That an executed copy of this Resolution shall;xbe delivered to each, Dr. R. F. Stanley, Jr., Marylynn S.Forristall, Philip Lewis, Joe Po1ichino, Jr., arid Jerry Jackson, as his Certificate of Election and duplicate copies hereoLsha1l beidelivered to the City Secretary of the City of West University Place, Texas. PASSED. AND APPROVED this day of ,,1981. Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Resolu- tion Number 81-03 be approved as read. Voting Aye: All Voting No: - None ACCOUNTING FOR BALLOTS USED IN ABSENTEE...VOTING: In accordance with a 1979 reVl.Sl.on of Article 6.09 of the Election Code, the following report by the City Secre- tary was presented to the Commission: Article 6.09 of the Election Code, which,require~ a,record of the ballots delivered to precinct polling places, was amended in 1979 to require that a record also be madeofi~theballots assigned for use in absentee voting. Inasmuch as voting machines are used in each of the city's voting precintsthis 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 63 absentee ballots cast, and two, (2) were mailed but not returned until after the election. II IJ.,iLlliliU.LITl-1 Ill' II Ii , II _ _ JJ ,_,_ 31U ' ,'In-:Tril' , .I.lI.J. I. I." JII~ ,1111, I II III LUI"1111 I I :i 268 There were no defectively printed, defaced and/or mutilated ballots. w HEARING OF RESIDENTS: There were a number of residents in attendance at the meeting, however, none had matters they wished to bking to the attention of the City Commission. CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens was advised, that plans for the installation of the newly elected City Commission would follow those used in previous years; with the installation,being held in the Council Chamber. Mayor Cole presented and read in full, Resolution Number 81-02: WHEREAS, Richard R. Rockenbaugh was employed by the City of West University Place, Texas, on December 6, 1976, as Assistant City Manager; and WHEREAS, Richard R. Rockenbaugh aad as his career objective the field of municipal management; and WHEREAS, the City Commission recognized the need for strong leadership, direction and management of the city in its day to day opera- tion; and WHEREAS, on April 14, 1980, Richard R. Rockenbaugh was appointed to his first position as ,City Manager; and, [jJ WHEREAS, as City Manager Richard Rockenbaugh has made a sincere endeavor to fulfill the desires of the City Commission and the needs of the City of West University Place, its citizens and employees; and WHEREAS, the hard work by City Manager Richard Rockenbaugh in planning and carrying out the management of the city has made posaible a splendid forward step for the city; and WHEREAS, it is the desire of the City Commission to express its appreciation to Richard Rockenbaugh as a City Manager with the vision to plan intelligently for the future and ability to interest employees and citizens in making the City of West University Place a more permanently beautiful place in which to live. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Dick Rockenbaugh be commended for the leadership, guidance and assistance he has provided the City of West University Place, its ,City Commission, citizens'and employees and for the inspiring influ- ence of his personality. Section 2. That the City Commission individually expresses its .. grateful appreciatiou to him for his dedicated and unselfish service. [] o o LJ 269 Section 3. That this Resolution be spread upon the minutes of the City Commission and that the Mayor be, and he is hereby, authorized to deliver to City Manager Dick Rockenbaugh a true copy hereof signed by each member of the City Commission. PASSED AND APPROVED this 19th day of January, 1981. Motion by" Commiss,ioner Maneval, seconded by Commissioner Horne, that Resolu- tion Number 81-02 be approved as read. Voting Aye: All Vo.ting No: None PROPOSED CHANGES IN EXISTING FENCE ORDINANCE: Mr. R. A. Kerr, 6312 Rutgers, advised the Commission that the previously proposed ordinance regulating the construc- tion of fences would damage his property, and that he had received a copy of the new;",ordinance and would like to reserve time ,to speak when the ordinance was presented if he desired to do so. REGULATIONS FOR.CONSTRUCTIONOF FENCES: Ordinance Number 1168 was presented to the Commission and read in full: AN ORDINANCE AMENDING>THECODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY AMENDING SECTION 6-39; THE ADDITION OF SECTION 6-54; RE-DESIGNATING SECTION 6-55; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section!. That Section 6-39 of the Code oLOrdinances of the City of West University Place, Texas, is hereby amended so that hereafter said Section shall read as follows: "Section 6-39. Maximum height (a) No fence or freestanding wall may be constructed on any private property exceeding eight (8') feet in height;measured from the natural gro).lndlevel or grade at the proposed fence location, except as pro- vided in Sub-section (d) below. (b) A fence not to exceed eight (8') feet in height may, be constructed on the property line between a,lot zoned for single-family dwelling use and a lot zoned for any other use and said fence may extend "to the front property line of the ,lot ,zoned for single-family dwelling use. (c) In order to provide proper and necessary fire protec- tion andjoradequate air circulation between houses, a fence or freestanding wall may be constructed be- tween adjacent houses only if it does not exceed six (6') feet in height measured from the natural ground level or grade if one or more of the following condi- tions exist: l. .,lL.cJ .~_L,LJjill1JIl I. JHL II. LL"... i I II i ''i'': '"I~' """:...ITITj.. . .__!LUL ,___I.. JII~: '; Ii' II I 1 III!II Ullilli'11 : I 1'1 , II II 270 (1) Six (6') feet-Qr less exist from the proposed fence and an adjacent house; or o (2) Twenty-four (24") inches or less separate the eaves of adjacent houses. (d) When one or more of the conditions in (c) above exist, an eight (8') foot fence may be permitted only in the rear yard to a point not beyond the year building line of an adjacent house nearest the proposed fence." Section 2. That Section 6-54 of the Code of Ordinances of the City of_Mest University Place, Texas, is hereby amended so that here- after said Section shall read as follows: "Section 6-54. Maintenance All property owners and/or occupants are required to maintain any fence in good repair so as ,not to endanger any person and/or property." Section 3. That the Code of Ordinances of the City of West University Place, Texas, is hereby amended by the addition thereto of Section 6.55 which said Section shall read as follows: "Section 6.55. Penalty Any person, agent or employee of any person, firm or corpora- tion violating the provisions of this article shall be fined not less than $1.00 nor more than $200.00 and each day such person, firm or ,corporation ,shall allow such violation to exist shall constitute a separate and additional offense." n Section 4. This ordinance shall take effect and be in force immediately from and after its passage and approval. PASSED -AND APPROVED this day of , 1981. Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Ordinance Number 1168 be approved with the following change: Section 6-39 (c) be changed to show "exists". Motion amended by Commissioner Maneval, accepted by Commissioner Ahrens, that the word "neighboring" be inserted in Section 6-39(c) ,and in Section 6-39(d). Voting on Ordinance Number 1168 as read, with the accepted amendments: Aye: Ahrens Cole Horne Maneval Voting No: Rosenbaum HARRIS COUNTY TAX APPRAISAL DISTR~ Consideration of the payment of $1,759.48 representing the first quarter of the 1981 City of West University share of o o o ~i , ! , i II 271 costs for operation of the Harris County Tax Appraisal District as included on the Commission agenda afterhaving been deferred on January 12, 1981. Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City Commission approve payment of $1,759.48 as the city's share of the operation of the Harris County Tax Appraisal District. Commissioner Horne stated that he-.;.wanted the citizens of West University to know that some of the tax amendments passed by the State of Texas was the creation of unified tax appraisal district and that consideration had been given by the city to non-payment of the city's share inasmuch as there was no penalty involved for non-payment and also there was a possibility that inasmuch as the Legislature created the district for such body to also fund its operation. Voting Aye: Horne Maneval Voting No: Ahrens Cole Rosenbaum SIDEWALK REHABILITATION PROGRAM: Ma:yor Cole was advised that it was the responsi- bility of property owners to repair, _replace and maintain,_sidewalks in front of their residences and that funds available in the 1981 budget could be used to help residents with such a program. Motion by Commissioner Ahrens, seconded by Commissioner Horne, that the re- commendation to the new City Commission include a proposed sidewalk rehabili- tion program and ask that further consideration be given such program. Voting Aye: All Voting No: None PURCHASE OF ELECTRIC TYPEWRITERS: The following recommendation from Director of Personnel/Purchasing Patt Lilly: Bids received by the City Commission on Monday, January 12, 1981, were for delivery of the following typewriters: Royal Typewriter - Bid by Dwane Davis, Int' L and Royal Business Machines, Inc. - $838.00 & $1,682.00 Silver-Reed - Bid by Dromgoole's Typewriters, Inc. Store No. 1 and No. 2 - $1,934.00 & $1,804.00 IBM - Bid by IBM, Inc. - $2,017.25 Each machine has heen tested by city staff and has been carefully considered in terms of dependability, typing ease, maintenance and price. It is my recommendation that we purchase two IBM Selectric 111 typewriters from IBM, at a cost of $2,017.25. It has been on the market for a number of years and is, without a doubt, the most, dependable typewriter made. The IBM typewriter is preferred by the city staff in terms of typitng ease. IBM offers very good maintenance service and our experience with IBM typewriters has been excellent. Ii 111I1 I :'iII'~IIII'll!L_L~ ~JI~~ 'i 1IlIIIf~llIi- 'I---:-TIU:- , ,.,_,.LUJ..,_. __, ,! 11111: I I, ULllI 1:111i11'11 ,! I 272 The Royal typewriter does not seem very well made and we were not happy with its performance. The Silver-Reed typewriter se~s to be an excellent machine but has been on the market a short period of time and in my opinion has not been. proven. o Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval~ that the City Co~ission accept the recommendation of the Personnel/Purchasing Director and authorize the purchase of two IBM typewriters at a total cost of $2,017.25. Voting Aye: All Voting No: None. PRESSURE HYDRAULIC SEWER CLEANER AND MANHOLE VACUTJM !=:Y!=:'T'RM. In accordance with instructions of the City Commission, the following recommendation was made for the purchase of a pressure hydraulic sewer cleaner and manhole vacuum system: The bids and specifications received on the Sewer Vacuum Truck have been carefully reviewed by the Director of Public Works and myself. The bids are as follows: Naylor Supply Company - $85,900.00 Environmental Sales and Service - $85,419.00 The Sewer Vacuum Truck bid by Environmental Sales and Service meets all specifications and is, in Mr. Eby's opinion, the superior truck in terms of design and proven dependability. Another consideration is the fact that Environmental Sales and Service can deliver their truck in two to. three days. The delivery date of the Naylor Supply Truck is one hundred twenty days. o It is my recommendation that the city purchase the Environmental Sales and Service truck because of its price, proven dependability and speed of delivery. Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval that the City Commission accept the recommendation of Personnel/Purchasing Director Patt Lilly and authorize the purchase of a hydraulic sewer cleaner and manhole vacuum system from Environmental Sales and Service on their low bid of $85,419.00. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised that as a citizen of West Univer- sity he wanted to express his appreciation to the Mayor and members of the City Commission for all of the time they had spent, noting that most citizens of the city are not aware of the time involved. Mr. David sion with ation for City Manager Dl.ck Rockenbaugh advised the Commission that. it was the the Director of Public Works to make a presentation to the Commission. ' Eby, Director of Public Works, presented each member of the Commis- 0 a framed Honorary Water and Sewer Operator Certificates in appreci- their recognition of underground problems with the city's water and STAFF REPORT: desire of 273 sewer system. City Manager Dick Rockenbaugh advised the Commission that in an effort to obtain the best price for used automotive equipment the city will begin using the ser- vices of Houston Auto Auction. The Commission was also advised that water well /17 had been repaired and was now back in operation. Motion by Mayor Cole , seconded by Commissioner Horne , that the preliminary treasurer's report submitted by Director of-Finance Patrick O'Connor be entered into the minutes of-this meeting of the City Commission. Voting Aye: All Voting No: None Enclosed herewith are copies of the , monthly report of revenues, expendi- tures and fund balances for all city funds as of December 31, 1980. All year-end closing routines have not yet been completed. A final report will be prepared within two weeks. It will reflect some minor changes in the year-end-figures submitted in this rpoert. The final report will also reflect fund consolidations which this report does not. A. General Fnnd Beginning Fund Balance, January 1, 1980 $ l,26l,032 ~ Add, 1980 Revenues & Transfiers Deduct, 1980 Expenditures + 2,707,752 2,656,429 Ending Fund Balance, December 31, 1980: $ 1,312,355 Increase in Fund Balance $ 51.323 B. Water/Sewer (Enterprise) Fund Operating revenues: Operating expenses: 733,648 656,07l Operating profit: $ 77 ,577 Interest on investments: Non~operating income 128,,820 l28,820 Net profit for the year: 206,397 Retained earnings, January 1, 1980: $ 701,065 Add, net profit for the year-, + 206,397 Retained earnings, December 31, 1980 $ 907,462 _[1UII__: ' 274 JIlL I, I I 1111111 I_LJJlllilli'li' I I Funds provided: Net profit for the year: Depreciation allowance: EPA Grant receipts Working capital provided 206,397 92,000 112,965 Funds used: Purchase of property, plant & equipment (Decrease) in working capital.: C. Heal th Fund Beginning fund _balance January 1, 1980: $ 1980 Revenues + 1980 Expenditures Ending fund balance December 31, 1980 $ Increase in fund balance: $ 27,034 D. Federal Revenue Sharing Trust Fund Beginning fund balance January 1, 1980 1980 Revenues 1980 Expenditures + Ending fund balance December 31, 1980 Increase in fund balance $ 5,619 E. General Debt Service Fund ~eginning fund balance January 1, 1980 1980 Revenues 1980 Expenditures + Ending fund balance December 31, 1980 F. 1976 Bond Drainage Construction Fund Beginning fund balance, January 1, 1980 1980 Interest revenue + Ending fund balance, December 31, 1980 $ 411,362 580,018 $ (168,656) 5,665 52,273 25,239 32,699 $ 118,060 70,315 64,696 123,679 $ 104,554 176 ,~71 163,104 118,021 $ 79,416 10,863 90,279 1_. _ '. 1".fu~!k4~~~Y~,' -iJ~~4 o o o o D u 'I ' ",", r 275 G. 1976 Bond Street PRving li'nnn Beginning fund balance, January 1, 1980 $ 653,144 1980 Interest revenue + 89,301 Ending fund balance, December 31, 1980 742,445 H. Tax Collectors Fund 1979 Tax Levy (for use in 1980 budget year) 1979 Tax Collections (as of Sept. 30, 1980) 1979 Tax Collections (Oct. I-Dec. 31, 1980) Uncollected 1979 taxes $1,414,757 1,386,257 3,755 $ 24,745 Percent collected Oc,t. 1979-Dec,., 1980 Percent uncollected as of Dec. 31, 1980 98 . 25 % 1. 75% 1980 Tax Levy (for use in 1981 budget year) 1980 Tax Collections (as of Dec. 31, 1980) $l,422,323, 1.157.358 $ 264,965 Uncollected 1980 taxes ,I. Investments Total certificates of deposit as of December 31, 1980 Total demand depo!;lits on books: Invested position ') ) $4,332,900 38,989 99.1% Interest Earnings General Fund Water Sewer Fund Health Fund General Debt Service Fund Federal Revenue Sharing Fund 1976 Bond Drainage Construction Fund 1976 Bond Street Paving Fund $ 276,018 128,820 6,076 19,450 17,439 10 , 863 89,301 $ 547,967 Mr. Rockenbaugh stated that he would 'like to echo the sentiments expressed by City Attorney David Allums regarding the job the City Commission has done during its administration and his appreciation for the dedication and time spent by members of the Commission. ADJOURNMENT: With no further business to come before ,the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:40 p.m. ~~~ ATTEST: ~ ~~~ City Secretary L_ ~-----'....lJ il .' I, 'l'i'l I:nliif Ilie .II, jlJ.j cf1JL 1.:-::1 ," " '11[- _LJJ 276 _ L! I . __ Jib I I 'ill 1 1 Ill!illlll III I 1 o D~ o 1 REGULAR CITY COMMISSION MEETING January 26, 1981 The City Commission convened in regular session at the City Hall on Monday, January 26, 1981,7:30 p.m., with the following members present: Mayor Cole, presiding; Commissioners Ahrens, Horne, Maneval and Rosenbaum. The City At- torney and City Manager were also present. The Invocation was pronounced by Dr. Douglas Harper, pastor, St. Andrew's Presbyterian Church. Minutes of the regular meeting of the City Commission on January 12,1981, a public hearing and special meeting on January 19,1981, were presented for consideration. Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that minutes of the special meeting of the City Commission on January 12, 1981, and the pub- lic hearing on January 19, 1981, be approved as submitted, and that minutes of a special meeting on January 19, 1981, be corrected to show that Director of Public Works David Eby verified the observation of Commissioner Ahrens that the city now owned a sewer cleaning machine in working order and that he cast a negative vote on the purchase of a new sewer cleaning machine, and approved as corrected. Voting Aye: All Voting No: None Mayor Cole introduced Mayor Pro-Tem Sonny Ahrens and Commissioners Horne, Maneval and Rosenbaum. Mayor Cole then introduced Mayor Elect Rufus Stanley, Jr., and Commissioners Elect Forristall ,Jackson, Lewis and Polichino. Mayor Cole then asked if members of the out-going Commission had any remarks they desired to make. Commissioner Ahrens thanked those residents that worked very hard in the election two years ago; expressed his gratification in, serving residents of the city; expressed his appreciation for all those persons who served on volunteer boards and committees; thanked city employees for their support and work; and members of his family for sacrifices they had made during the past two years. Commis- sioner Ahrens advised those in attendance that it was his belief that the in- coming Commission would be the best the city has ever had. Commissioner Maneval stated that he would like to echo Commissioner Ahrens' remarks and that he wanted to express his appreciation to the citizens who had entrusted to him a part in governing the city' acknowledging sacrifices made on the part of his family and city employees; and to publicly congratulate the new mayor and City Commission on the office they were about to assume and to request that they meet the problems they will encounter head-on. Commi ssi oner Rosenbaum expressed her appreci ati on to the citi zens of ~Jest University stating that it had been a privilege to have served for the past two years. Commissioner Rosenbaum also expressed her appreciation to members of the city's staff for their support and hard work during the past two years. Commissioner Rosenbaum further expressed-her appreciation to her husband, Leon for his support during the past two years and offered her congratulations to members of the new Commission. .~ ...~ -j -~...........-' . '''''- T- ""T 't-..., , =, _ _ _ TI ., , 2 Commissioner Horne reviewed the organization of the Property Owners Association, noting that some residents thought it to be some liberal lunatic fringe that profited by a fluke of public disenchantment, but which he thought was a resultn I of the need for a government that must spend and tax more wisely and respond to citizen needs without arrogance. Commissioner Horne was most complimentary of staff members noting the support hours spent by such staff members in pre- paration for over 700 hours spent by the City Commission in workshop and meet- ing sessions. Commissioner Horne paid tribute to his wife, Sylvia, for the role she had in helping him serve as a-member of the City Commission, and wished good luck to members of the in-coming Commission. Mayor Cole stated that it had been a real privilege to serve as Mayor for the past two years and that he had a lot of pride in the community and the work it had completed. Mayor Cole further stated that there were no words in his vocabulary to express his appreciation to staff members of the city; the citizens who have served on boards and committees; to members of his family; and to wish the best of luck to Mayor Stanley and members of the new City Com- mission. ' Mr. Charles R. (Bob) Dunn, immediate past president of the Houston Bar Asso- ciation, and former Judge of the West University Municipal Court administered the Oath of Office to Dr. Rufus F. Stanley, Jr., as Mayor of the City of,West University Place. Mr. Dunn then administered the Oath of Office to Mrs. Marla Forristall, Mr. Jerry Jackson, Mr. Philip Lewis and Mr. Joseph Polichino, Jr. as Commissioners of the City of West University Place. . Mr. Cole, Mr. Ahrens, Mr. Horne, Mr. Maneval and Mrs. Rosenbaum retired from 0 the Council table at this time. Mayor Stanley called the meeting to order and advised that he had a Resolution to present: WHEREAS, on the twentieth day of January, 1979, the voters of the City of West University Place, Texas, went to the polls for the pur- pose of electing a Mayor and four members of the City Commission for a term of two years; and WHEREAS, the votes cast at such election were canvassed by members of the City Commission and it was determined that Mr. Jim Cole had been duly elected MAYOR and that Sonny Ahrens, Andy Horne, John Maneval and Val Rosenbaum had been duly elected COMMISSIONERS of the City of West University Place, Texas; and WHEREAS, as the elected city officials, this administration undertook their obligations with enthusiasm, good judgment and a fixed determination that the highest practicable standards should be main- tained; and ' WHEREAS, this City Commission, during the term of its office, widened public understanding of the problems and needs of the City of West University Place and the residents thereof; and u o n 3 WHEREAS, we express our grateful appreciation to the City Com- mission in entrusting the execution of their plans and purposes to our keeping and thus permitting us and our successors in the trust to share with them to some extent the privilege of doing go09 for the city in which we all live. ' NOW; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE~ TEXAS: Section 1. That MAYOR JAMES M. COLE and COMMISSIONERS SONNY AHRENS, ANDY HORNE, JOHN MANEVAL and VAL ROSENBAUM ,be, and they are hereby, commended for their leadership during the past two years. Section 2. That we individually express our grateful appre~ ciation to each member of the City Commission for the dedication of their time and unselfish devotion to the affairs of the City of West Univer- sity Place. Section 3. That this Resolution be spread upon the minutes of the City Commission and that the Mayor be, and he is hereby, author- izedto deliver to Mayor James M. Cole and Commissioners Sonny Ahrens, Andy Horne, John Maneval and Val Rosenbaum, a true copy hereof. PASSED AND APPROVED thi s26th day of January, 1981. Moti on.oy >Commi ss i oner Jackson, seconded by Commi ssi oner Forri sta 11, that Resolution Number 81-04 be approved as read. Voting Aye: All Voting No: None Mayor Stanley advised those in attendance that this was not a time for poli- tical rhetoric, but time to get to work~ noting that members of the Commission had assumed and accepted the responsibility they had been given and that they were going to try very hard to make everyone proud of their efforts. - , Commissioner Po1ichino publicly thanked everyone who supported them in -reach- ing their goal to serve as members of the Commission~ noting that the success of the Commission will depend in great part on a team effort with citizens. Commissioner Forristall advised those in attendance that she did not bring her "little blue book" with her~ but all could be assured that those who had volunteered would be called and problems of which she had been advised were being taken care of. She expresse-d appreciation to those who had worked in behalf of the Commission and stated that she felt an obligation to serve the city. Quoting Abraham Lincoln., Commissioner Forrista11 stated, "I can't tell you any more now, because I haven It done anythi ng yet, come back and see me when I have finished my work." Commissioner Lewis stated that during the campaign he had an opportunity to meet a lot of people and that it was his hope that in two years when he turned his Commission chair over to someone else he could say that it was a good ex- perience. Commissioner Jackson stated that he thought it an honor to be a member of the Commission and that he looked forward to working with other members 'of the Commission. ,. , .------J 4 Mayor Stanley thanked members of his family and stated that he was proud of the city, proud of its citizens and proud of the city department heads. Mayor Stanley advised that one of the first goals of the Commission was to re-activate IU'. the Long Range Planning Committee; the assessment of and implementation of capital improvements including a decision as to whether new wastewater treat- ment facilities should be financed by user fees or a bond issue; increased citizen involvement and communications; assessment of the condition of the sewer collecting lines; the appointment of a citizens Communication Committee; examination of the city's building code, especially with regard to its enforce- ability; innovations in providing city services; and continued work on the re- vision of the City Charter. Through secre~ ballots counted by the City Attorney Commissioner Marla Forris- tall was elected Mayor Pro-Tem of the~City of West University Place. Resolution Number 81-05 was presented to the Commission and read in full: WHEREAS, a city election was held on the seventeenth day of January, 1981, in the City of West University Place, Texas, for the pur- pose of electing a Mayor and four members of the City Commission; and WHEREAS, the votes cast at the election held on January 17, 1981, were canvassed by members of the City Commission on the date of January 19,1981, and it was determined that Dr. Rufus Stanley, Jr. had been duly elected Mayor and that Marla Forristall, Jerry Jackson, Philip Lewis and Joe Polichino, Jr., had been duly elected Commissioners of the City of West University Place, Texas; and WHEREAS, in special ceremonies of the City Commission held at the West University City Hall on January 26,1981, each of the above named persons were administered the Oath of Office and duly installed in their respective elected positions; and o , WHEREAS, upon proper moti on and second, Commissi oner Marl a For- ristall was elected Mayor Pro-Tem 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 Mayor Rufus Stanley, Jr. and Mayor Pro-Tem Marla Forristall be, and they are hereby, designated and authorized to sign or countersign checks drawn on all banks or financial institutions serving as depository for funds of the City of West University Place, Texas, and any banks or financial institutions which maybe hereafter designated as depository of city funds during the term of their office. Section 2. Be it further resolved that all provisions of such prior Resolutions as may conflict herewith are hereby expressly repealed; and be it further resolved that the City Treasurer be, and he is hereby directed, to furnish each depository bank, or financial institution with which the city has funds on deposit, or with which the city may transact any banking business, a true and correct copy of this Resolution. day of January, 1981. n PASSED AND APPROVED this 5 Motion by Commissioner Polichino, seconded by Commissioner Forristall, that Resolution Number 81-05 be approved as read. Voting Aye: All Voting No: None There was no response to a request by Mayor Stanley that any residents having matters they wished to discuss with the City Commission to speak at this time. Mayor Stanley noted that this item would always be included on City Commission agendas for the benefit of residents. Resolution Number 81-06 was presented to the Commission and read in full: WHEREAS, Mr. David G. Allums has heretofore been appointed City Attorney_of the City of West University Place, Texas: and WHEREAS, Mr. Charles Orsburn has heretofore been appointed Judge of the Municipal Court of the City of West University Place, Texas; and WHEREAS, Mr. Thomas Clarke has heretofore been appointed Assis- tant City Attorney and Prosecutor of the City of West University Place, Texas; and WHEREAS, Mr. Terry Collins and Mr. Michael Schneider have here- tofore been appointed Associate Judges of the Municipal Court of the City of West University Place, Texas; and WHEREAS, Mr. Thomas Taylor has heretofore been appointed Asso- ciated Prosecutor of the Municipal Court of the City of West University Place, Texas; and' WHEREAS, each of these persons is duly licensed and a practicing attorney; and WHEREAS, the City Commission desires tore-appoint said David Allums, Charles Orsburn, Thomas Clarke, Terry Collins, Michael Schneider and Thomas Taylor to the aforementioned positions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That David G. Allums is hereby appointed City At- torney of the City of West University Place. Section 2. That Charles Orsburn is hereby appointed Judge of the Municipal Court of the City of West University Place. Section 3. That Thomas Clarke is hereby appointed Assistant City Attorney and Prosecutor of the City of West University Place. Section 4. That Terry Collins and Michael Schneider are here- by ,appointed Associate Judges of the Municipal Court of the City of West University Place. Section 5. That Thomas Taylor is hereby appointed Associate Pro- secutor of the Municipal Court of the City of West University Place. 6 Secti on 6. That each of these persons is hereby vested wi th all the powers and duties as set forth in the Charter of the City of West Uni- versity Place and the Statutes of the State of Texas pertaining to their official appointment. Section 7. Said David Allums, Charles Orsburn, Thomas Clarke, Terry Collins, Michael Schneider and Thomas Taylor shall receive as com- pensation for their duties the amount heretofore provided for such position. Section 8. That the terms of Terry Collins, Michael Schneider and Thomas Taylor be for a period of sixty (60) days and that such sixty (60) days appointment run concurrently with a previous appointment which expires on March 9,1981. Section 9. David G. Allums, Charles Orsburn and Thomas Clarke shall serve in such capacities until the next regular City General Election and thereafter until the appointment and qualification of their successors, unless removed from said position during such period by the City Commission. PASSED AND APPROVED this day of January, 1981. Motion by Commissioner Jackson, seconded by Commissioner Lewis, that Resolu- tion Number 81-06 be approved as read. Voting Aye: All Voting No: None u Resolution Number 81-07 was presented to the Commission and read in full: WHEREAS, it is the duty of the City Commission of the City of II~ West University Place, Texas, as soon as practical after the election of ~ a new City Commission, to appoint a City Treasurer, Assistant City Trea- surer, Tax-Assessor/Collector, and Assistant Tax-Assessor/Collector, as may be necessary to transact the city.s financial affairs; and WHEREAS, the-City Commission was elected at the last regular election held on the seventeenth day of January, 1981. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The City Commission hereby names and appoints Patrick O'Connor as City Treasurer of the City of West University Place, Texas, and he is hereby invested with all of the duties and responsibilities as set forth in the Charter of said city and the Statutes of the State of Texas. Section 2. The City Commission hereby names and appoints Donna Lea Sims as Tax-Assessor/Collector of the City of West University Place, Texas. Section 3. The City Commission hereby names and appoints Mildred Miller as Assistant Tax-Assessor/Collector of the City of West University Place, Texas. u ,-----., l_' 7 Section 4. That each official hereby appointed shall receive monthly compensation for the performance of their duties, in accordance with the heretofore adopted salary schedule. Section 5. The persons appointed to the respective offices shall serve until the next regular City General Election, and thereafter until the appointment and qualification of their successors, unless dis- charged by the City Commission for just cause. PASSED AND APPROVED this day of , 1 981 . Motion by Commissioner Jackson, seconded by Commissioner Lewis, that Resolution Number 81-07 be approved as read. Voting Aye: All Voting No: None The Commission was advised that a member of the City Commission should be-de- signated to serve as the city.s representative to the General Membership Body of the Houston-Galveston Area Council as well asan alternate re~resentative. Motion by Commissioner Polichino, seconded by Commtssioner Lewis, that Commis- sioner Marla Forristall be elected as the city's representative to the General Membership Body of the Houston-Galveston Area Council by acclamation. Voting Aye: All Voting No: None Motion by Commissioner Polichino, seconded by Commissioner Forristall, that Commissioner Jackson be elected as the city's alternate representative to the General Mem~ership Body of the Houston-Galveston Area Council by acclamation. Voting Aye: All Voting No: None Resolution Number,81~08 was presented to the Commission and read in full: WHEREAS, city officials have determined that it is in the best interest of the citizens of this city to continue its membership in the HOUSTON-GALVESTON AREA COUNCIL; and WHEREAS, the By-Laws of the Houston-Galveston Area Council requires the appointment of a duly elected representative of each of the governmental units for the year 1981. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Commissioner Marla Forristall be, and she is hereby, designated as its representative to the General Membership Body of the Houston-Galveston Area Council for the year 1981. Section 2. That the official Alternate authorized to serve as the voting delegate should the hereinbefore named d.elegatebecome ineligible, absent, or should she resign, is Commissioner Jerry Jackson. Section 3. That the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named dele- gate and alternate. . -~ .. ~." . ------~~-~ .;.o,,~ . -r" "."TT'" I---:!~.]" .........--,-' -, 8 PASSED AND APPROVED this day of , 1 981 . Motion by Commissioner Polichino, seconded by Commissioner Jackson, that Resolu- tion Number 81-08 be approved as read. Voting Aye: All Voting No: None The Commission was advised that former Mayor James M. Cole had been designated as the city's Signatory Agent to make application for grant assistance for the Step III phase of the wastewater treatment plant construction and consideration should be given to the designation of someone else. Resolution Number 81-09 was presented to the Commission and read in full: WHEREAS. the City of West University Place deems it necessary and proper to apply for Federal grant assistance under the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and negulations pursuant thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: That Rufus Stanley, Jr., Mayor, as the Signatory Agent of the City of West University Place, Texas. or the 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 30.315-1 (1975); and sign the acceptance of the grant assistance, on behalf of the ~bove-name ap~licant. PASSED AND APPROVED this day of , 1 981 . Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Re- solution Number 81-09 be approved as read. Voting Aye: All Voting No: None Mayor Stanley invited those in attendance to attend future meetings of the City Commission. Upon motion duly made, seconded and carried, the meeting adjourned at 8:30 p.m. ~~ ATTEST: ~-~~~ City Secretary .~~ 1. ",. ..!jj n o n o n ",.r- 9 REGULAR CITY COMMISSION MEETING February 9, 1981 The City Commission convened in regular session at the City Hall on Monday, Feb- ruary 9, 1981,7:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. The Invocation was pronounced by Mayor Stanley. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on January 26, 1981, were presented for consideration. With no corrections, additions or deletions being made, Mayor Stanley declared minutes of the regular meeting of the City Commission on January 26,1981, ap- proved as submitted. EXPRESSION OF GRATITUDE TO EX-HOSTAGE WILLIAM ROYER: Resolution Number 81-10 was presented to the Commission and read in full : WHEREAS, since manhood the career objective of William Royer has been teathing; and WHEREAS, such career has been that of a dedicated and eager public servant in posts of steadily growing importance and authority throughout the world; and WHEREAS, through his leadership the privileges of learning have been extended to many whose educational needs and possibilities would have otherwise been neglected; and WHEREAS, on November 4, 1979, William Royer became a part of American history while in pursuit of his career; and WHEREAS, for four hundred forty-four days William Royer was called upon to use an inner' strength; a strong faith in God and a belief in hi s fellow man; and WHEREAS, with quiet dignity, William Royer has refused to capitalize the affectionate plaudits of the American public for personal advantage; and WHEREAS, it is the desire of the City Commisson, on behalf of the citizens of the City of West University Place, to express gratitude for his safe return to his family; his home, his community, his state and his country; and WHEREAS, it is the further desire of the City Commission that William Royer be permitted to return to his chosen career and personal 1 i fe . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: . "'",",T,",,"==""'~------'---~- --,'------ ~ , - ,>j~~~o Section 1. That the City of West University Place, Texas, acting by and through its duly authorized City Commission, expresses its grateful appreciation to William Royer for his distinguished service to his country. Section 2. 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 William Royer a true copy hereof, signed by each member of the City Commission. ~ PASSED AND APPROVED this 9th day of Febru~ry~ 1981. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Resolution Number 81-10 be approved as read. Voting Aye: All Voting No: None Mayor Stanley presented William Royer with the original of Resolution Number 81-10 which had been beautifully framed for the occasion. HONORING WEST UNIVERSITY PLACE IIPOLICEMAN OF THE YEARII: Resol uti on Number 81-11 was presented to the Commission and read in full: WHEREAS, Mark Moulton was appointed a Dispatcher in the West University Place Police Department on April 1, 1976; and WHEREAS, as a result of long hours of servi ce, dil i gent study and dedication, Mark Moulton was promoted to the rank of Patrolman on Dl June 3, 1977; and WHEREAS, on April 30, 1979, Mark Moulton resigned his position with the West University Place Police Department to fulfill a long-time desire to live in a smaller community; and WHEREAS, on July 30; 1979, Mark Moulton was re-employed as a Patrolman by the West University Place Police Department; and WHEREAS, on February 11,1980, Patrolman Mark Moulton was promoted to the rank of Sergeant; 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 Sergeant Mark Moulton as 1I0fficer of the Yearll for the City of West University Place and the award for such honor was presented on January 20, 1981; and WHEREAS, the City Commission wishes to express its congratulations to Sergeant Mark Moulton for his excellent, energetic and intelligent ser- vice to the city during the year 1980, and for his selection as 1I0fficer of the Yearl!. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ] o [l 11 Section 1. That the City Commission hereby expresses its sincere appreciation to Sergeant Mark Moulton of the City of West University Place Police Department for his exemplary service to the City and the citizens thereof. Section 2. That the City Commission offers its congratulations to Sergeant Mark Moulton for his selection by the 100 Club of Houston as "Officer of the Year" for the City of West University Place. Section 3. That this Resolution shall be spread in full upon the minutes of the City Commission and that the Mayor be, and he is hereby, authorized to deliver to Sergeant Mark Moulton a true copy here- of signed by each member of the City Commission and attested by the City Secretary. PASSED AND APPROVED this 9th day of February, 1981. Motion by Commissioner Forrista11, seconded by Commissioner Jackson, that Resolution Number 81~11 be approved as read. Voting Aye: All Voting No: None Mayor Stanley presented Sergeant Mark Moulton the original of Resolution Number 80-11 ,which had been framed for the occasion. HEARING OF RESIDENTS: There were a number of residents in attendance at the meet- ing, however, none had matters they wished to bring to the attention of. the City Commission. GULF COAST CABLE TELEVISION: The Commission was advised that Mr. Richard D. Barron, General Manager of the G~lf Coast Cable Television Company was unable to attend the meeting inasmuch as his wife was ill, however, Mr. Chris Forgy, Director of Marketing and Jay Butler, Director of Operations were both in attendance to answer any questions members of the Commission might have. Mr. Forgy reviewed changes that were being made in cable television services provided_subscribers in West University brought about by the granting of a partial franchise for the City of Houston and an order from the Federal Com- munications Commission to vacate certain aeronautical communication frequencies. Mr. Forgy noted that plans called for the complete change-out of all converters and removal of traps by the e~d of the month with those ~ubscribers experiencing most trouble being serviced first. Mr. Forgy assured members of the Commission that his company would work with the city to televise planned "Town Hall" meet- ings or meetings of the Commission. In answer to questions by members of the C()mmission, Mr. Forgey noted that at the present tim~ there are approximately 2,000 cable television subscribers in West University and that service increase was being experienced on a very favor- able scale. DEPARMTENT OF COMMUNITY SERVICES RIDING TRACTOR: In accordance with previous action of the City Commission, bids received for delivery of either a riding lawn mower or lawn tractor were opened, and results announced as follows: -- . ",--"'__r" . -II---l ~ . ~~ . - -- ._~ -~ -1 I 12 ~ldder I awnmowpr I awn Trar.tor Al 's Wholesale Distr. 1,045.00 2,400.00 U Brookside Equipment 1,226,.99 2,319.00 W. R. Carter Sales 1,285.00 2,795.00 Watson Distributing 2,996.00 -0- Witte Equipment -0- 2,000.00 Motion by Commissioner Polichino, seconded by Commissioner Forristall, that bids received for delivery of either a riding lawn mower or lawn tractor'be referred to the City Manager and staff for analysis and recommendation. Voting Aye: All Voting No: None STREET DEPARTMENT CAB & CHASSIS: In accordance with previous action of the City Commission, bids received for delivery of a new, 1981 model, 19,000 g.v.w. cab and chassis were opened and results announced as follows: Bidder Base Bid Trade-In Net Delivered Bid Port City Ford GMC-Peterbilt 10,547.88 11 ,803.88 500.00 750.00 10,047.88 11 ,053.89 Motion by Commissioner Forristall, seconded by Commissioner Jackson, that bids received for delivery of a new 1981 model 19,000 g.v.w. cab and chassis be referred to the City Manager and staff for review and recommendation. Voting Aye: All Voting No: None o GASOLINE DISTRIBUTION SYSTEM: In accordance with previous action of the City Commission, bids received for delivery of a gasoline distribution system were opened and results announced as follows: Bidder Net Installed Price D & M Pump Service Detsco Dup's, Inc. K/W Distributing Marand Sales 4,4~2.40 5,896.20 4,500.00 4,020.00 3,920.00 Motion by Commissioner Jackson, seconded by Com~issioner Polichino, that bids received for, delivery and installation of a gasoline distribution system be referred to the City Manager and staff for review and recommendation. Voting Aye: All Voting No: None HEARING OF RESIDENTS: Mayor Stanley requested permrtssion to recognize Mrs. Pat Kromberg, 2910 Sunset Boulevard, whose late arrival precluded her from being heard under the regular scheduled agenda item. Mrs. Kromberg advised the Commission that her concern was traffic on Sunset U which was becoming heavier each day and action planned by the new City Com- mission. She noted that this item had been previously discussed but had been delayed awaiting the outcome of the recent election. ~-I , " ; :1 In n n L-' 13 Mayor Stanley advised Mrs. Kromberg that members of the Commission wer.e concerned about traffic problems in the city and would soon be addressing the question at a workshop meeting. MODIFICATION OF TELE-CARE UNIT: In accordance with previous action of the City Commission the only bid received for modification of the currently owned and operated Tele-Care Unit to add 50mm strip chart recorder capability was opened and results announced as follows: Bidder Net Delivered Price Narco Telecare, Inc. 2,464.30 Motion by Commissioner Forristall that the bid received for modification of the tele-care unit be referred to the City Manager and staff for review and recommendation. Motion died for lack of a second. Motion by Commissioner Jackson, seconded by Commissioner Lewis, that the City Commission accept the proposal from Narco Telecare, Inc. for modification of the tele-care unit. Voting Aye: Jackson Lewi s Polichino Voting No: Forristall Stanley POLICE PATROL UNITS: Invoices in the amounts of $7,498.00 and $7,448.00 submitted by Jimmie Green Chevrolet for delivery of two (2) new 1981 police patrol units were presented for consideration. Motion by Commissioner Polichino, seconded by Commissioner Lewis, that the City Commission approve payment to Jimmie Green Chevrolet in the amount of $7,448.00 for delivery of two police patrol units. Voting Aye: All Voting No: None INSPECTION DEPARTMENT AUTOMOTIVE UNIT: The Commission was presented an invoice in the amount of $6,500.27 submitted by Charlie Thomas Ford- for delivery of a 1981 Ford Courier Pickup truck for use by the Inspection Department. Motion by Commissioner Polichino, seconded by Commissioner Lewis, that the City Commission accept the recommendation of the City Manager and Purchasing Agent and approve payment of $6,500.27 to Charlie Thomas Ford. Voting Aye: All Voting No: None SEWER VACUUM TRUCK: An invoice in the amount of $85,149.00 submitted by Environ- mental Sales & Service, Inc. for delivery of one vactor model sewer cleaner and vacuum truck was presented for consideration. Motion by Commissioner Polichino, seconded by Commissioner Jackson, that the City Commission accept the recommendation of the City Manager and Purchasing Agent and approve payment of $85,149.00 to Environmental Sales & Service, Inc. Voting Aye: All Voting No: None 'N' ''''-'--J. 1I.. --'--'..........."..,--, "re- " "~c, I.:::'~'''''''''---'- 14 FIRE HOSE: A request was presented to the Commission to advertise for bids for purchase of five (5001) feet of 2!I fire hose and three (3001) feet of HII fire hose for which the sum of $1,515.00 was included in the 1981 budget. Motion by Commissioner Polichino, seconded by Commissioner Forristall that the City Manager be authorlzed to advertise for bids for purchase of 5001 feet of2!II fire hose and 300' of HIl fire hose.. Voting Aye: All Voting No: None FIRE CABINET FOR PERSONNEL/PURCHASING DEPARTMFNT. A request was presented to the Commission to advertise for bids for purchase of-a filing cabinet for use in the Personnel/Purchasing Department for which the sum of $600.00 was included in the 1981 budget. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Commission authorize the City Manager to advertise for bids for purchase of a filing cabinet for use of the Personnel/Purchasing Department. Voting Aye: . All Voting No: None SANITARY LANDFILL iRENCH EXCAVATION: The Commission was presented an invoice in the amount of 9,415.62, submitted by John G. Holland, Inc. for excavation of 9,231 cubic yards of trench at the sanitary landfill site. Motion by Commissioner Lewis, seconded by Commissioner Forristall, that the City Commission approve for payment an invoice submitted by John G. Holland, Inc. for excavation at the sanitary landfill site. Voting Aye: All Voting No: None HARRIS COUNTY APPRAISAL DISTRICT: The Commission was advised that a statement in the amount-of $1,759,48, representing the first quarter payment due the Harris County Appraisal District for the city.s share of the 1981 budget had been presented to the previous City Commission, however, no action was taken to approve payment. City Attorney David Allums reviewed a suit which had been filed by the City of Houston against the County C-lerk and the City of West University Place decision to become:a part of such suit. Motion by Commissioner Lewis, seconded by Commissioner Jackson, that the City Commission defer discussion on this item until further study. Voting Aye: All Voting No: None WATER/SEWER RATES: Ordinance Number 1169 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 '24-(a) AND SECTION 24-67{a); AND PROVIDING AN EFFECTIVE DATE~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: , t u o u 15 Section 1. That Section 24-66(a) of the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that here- after said Section shall read as follows: "Section 24-66(a). Water consumption rates established (a) Rates. The following schedule of residential and commercial water rates to be charged for use of water supplied_ by the city shall apply to all consumers: Residential Rate: Minimum monthly ,charge, for the first 3,000 ga 11 ons or 1 ess. . . it. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . Each 1,000 gallons thereafter.......................... Commercial Rate: $ 4.00 0.84 Minimum monthly charge, for the first 3,000 ga 11 0 n s or 1 e s s ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Each 1,000 gallons thereafter.......................... $10.00 0.84 Section 2. That Section 24-67(a) ,of the Code of Ordinances of the City of West University Pl ace, :fexas, is hereby amended so that hereafter said Section shall read as follows: "Section 24-67(a). Sewer service charge (a) There is hereby assessed and levied a monthly charge for each and every connection with the sanitary sewer of the city: Residential Rate: Minimum monthly charge, for the first 3,000 gallons of water usedL........~......i......~.......... $ 2.50 Each 1,000 gallons of water used thereafter............ 0.58 Commercial Rate: Minimum monthly charge, for the first 3,000 gallons of water used.................................. $ 2.50 Each 1,000 gallons of water used thereafter............ 0.58 Section a.This ordinance shail take eff~ct and be in-force immediately from and after its passage and approval. day of , 1981. y' \ PASSED AND APPROVED this Motion by Commissioner Polichino, seconded by Commissioner Jackson, that Ordinance Number 1169 be approved as read. Voting Aye: All Voting No: None . .-'L ..~,. .I~I~- ~,.- 16 LEGAL MATTERS: City Attorney David Allums advised the Commission that there were no new legal matters for discussion at this time. CONCERNS OF THE CITY COMMISSION: Commissioner Forristall expressed appreciation U' to a number of staff members and residents for their assistance in pre- paration of the reception honoring Mr. William Royer, Jr. Commissioner Forristall suggested that Mr. Royer be consulted prior to the acceptance of an offer from Senator Mike Richards to plant a tree somewhere in the city in honor of Mr. Royer. Mayor Stanley advised that members of the present City Commission will be interested in soliciting private funds for city use and that perhaps a charge to the Parks Board at some early date would be on the acceptance of such funds. Commissioner Forristall requested that consideration be given to the property on Community Drive purchased by the city fora possible water well site be considered for use as a pocket park. STAFF REPORT: City Manager Dick Rockenbaugh presented draft copies of a proposed edition of "City Currents II for review by the City Commission which are planned to be included with water bills to be mailed on the 16th of February. The Commission was advised that Fire Chief Ben Wilcher would be showing a film of the Las Vegas MGM hotel fire on Wednesday night. Members of the Commission were requested to advise if they planned to respond to an invitation from Houston Mayor Jim McConn to attend a Prayer Breakfast. City Manager Dick Rockenbaugh was requested to arrange workshop sessions for the City Commission at 6:30 p.m. on Thursday, February 12th and 8:00 a.m. on Saturday, February 14th to continue Department Head interviews and consider- ation of membership to a Long Range Planning Committee, Recycling Committee and Communications Committee. o BOARD AND COMMITTEE MINUTES: Minutes of the following board and committee meetings were presented to the Commission for their information. ~) Zoning and Planning Commission meeting on January 8, 1981 b) Electrical Board meeting on January 19, 1981 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. €t~ Mayor ATTEST: u ~ ~~~~ --- City Secretary 17 REGULAR CITY COMMISSION MEETING February 23, 1981 The City Commission convened in regular session at the City Hall on Monday, Febru- a ry 23, 1981, 7: 30 p. m., wi th the fo 11 owi ng persons present: Mayor Stan 1 ey, pre- siding, Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. Commissioner Forristall requested those in attendance to join in the Pledge of Allegiance to the flag. HEARING OF RESIDENTS: Mr.W. L. Partridge, 4040 Ruskin, advised the Commission that he was pleased to see the Commission open their meetings with an Invo- cation or Pledge of Allegiance inasmuch as he was afraid such privilege might be taken away if citizens were not careful. APPOINTMENT OF LONG RANGE PLANNING COMMITTEE: Resolution Number 81-12 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 committees; and WHEREAS, the Mayor and members of the City Commission have con- tacted qualified citizens to serve on the Long Range Planning Committee; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Long Range Planning Committee. . 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 Long Range Planning Committee: John Neighbors, Chairman Sonny Ahrens Charles Ba-ldwin Ann Covert Bill Lenhart Eugene McFaddin Jim McGibney Peggy McGowen Janet Redeker Duane Schaefer n Section 2. That the persons hereby appointed to the Long Range Planning Committee shall serve without compensation. Section 3. That the persons hereby appointed shall serve until the appointment and qualification of their sucCessors. day of , 1981. PASSED AND APPROVED this ,-, ---"'" ,~-._-.~" +--'''-~~<.~ -- ~ ~_. """"""n"...-r:__]~I._____.................",,--" " , ",,,.., . -- -, . ;r' .-~:~_:- .,~~_Ll :lI:I:rr~'" . ::JI"In'I'T. , ~""-1- .II I~~~- ...-----'~~ - ~J .~~~ , 18 Motion by Commissioner Jackson, seconded by Commissioner Lewis, that Resolu- tion Number 81-12 be approved as read. Voting Aye: All Voting No: None APPOINTMENT OF RECYCLING COMMITTEE: Ordinance Number 1170 was presented to the Commission and read in full: n AN ORDINANCE CREATING A RECYCLING COMMITTEE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; DEFINING THE DUTIES OF SUCH COMMITTEE; PROVIDING THE LENGTH OF SERVICE; APPOINT- ING CERTAIN PERSONS TO SERVE AS MEMBERS THEREOF; AND PRO- VIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. There is hereby created and established a Recycling Committee of the City of West University Place, Texas, which Committee shall consist of six (6) members who shall be appointed by the City Com- mission. Section 2. The Committee shall have power and shall be re- quired to: (a) Advise the City Commission and the City Manager on matters relating to recycling. (b) Make studies and investigations of recycling operations and recommend to the City Commission plans for the im- provement of such operations. o (c) Make studies and investigations of the public partici- pation in the recycling program of the city and make recommendations to the City Commission regarding such program. (d) Perform such other duties with reference to recycling, not inconsistent with this Ordinance, as the City Commis- sion may from time to time request. Section 3. Members of the Recycling Committee shall be quali- fied electors of the city. Section 4. Members of the Committee shall serve until the next regular city election and until their successors are appointed and quali- fi ed. Section 5. Members of the Committee shall serve without com- pensation. , Section 6. All personnel in the service of the city shall n furnish the Committee any information required by it in the performance of the Committee's duties and shall allow members of the Committee n o n 19 reasonable access to premises, buildings and records under the charge and direction of such employee. Section 7. The following persons are hereby appointed as the initial members of such Committee: Sonia Benjamin Shirley Berg Pam Curri e Ella Beth Goetschius Nina McGibney Odile Roberts Section 8. This Ordinance shall take effect and be in force immediately from and after its passage and approval. PASSED AND APPROVED this, day of , 1 981 . Motion by Commissioner Jackson, seconded by Commissioner Polichino that Ordi- nance Number 1170 be approved as read. Voting Aye: All Voting No: None APPOINTMENT OF COMMUNICATIONS COMMITTEE: Ordinance Number 1171 was presented to the Commission and read in full: AN ORDINANCE CREATING A COMMUNICATIONS COMMITTEE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; DEFINING THE DUTIES OF SUCH COMMITTEE; PROVIDING THE LENGTH OF SERVICE; APPOINTING CERTAIN PERSONS TO SERVE AS MEMBERS THEREOF; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. There is hereby created and established a Communi- cations Committee of the City of West University Place, Texas, which Committee shall consist of six (6) members who shall be appointed by the City Commission. Section 2. The Committee shall have power and shall be re- quired to: (a) Advise the City Commission and City Manager on matters regarding communications with residents of the city. (b) Make studies and investigations and recommend to the City Commission means by which citizens may be better informed of the actions and activities of the city government. (c) Make studies and investigations and recommend to the City Commission means by which city officials and employees may be made aware of the concerns and desires of residents of the city. "" .'""11:." 20 (d) Perform such other duties withre-ference to communications, not inconsistent with this Ordinance, as the City Commis- sion may from time to time request. Section 3. Members of the Communications Committee shall be qualified electors of the City. Section 4. Members of the Committee shall serve until the next regular City Election and until their successors are appointed and quali- fied. sation. Section 5. Members of the Committee shall serve without compen- Section 6. All personnel in the service of the city shall fur- nish the Committee any information required by it in the performance of the Committee's duties and shall allow members of the Committee reason- able access to premises, buildings and records under the charge and dir- ection of such employee. Section 7. The following persons are hereby appointed as the initial members of such Committee: Julia Carter Ann Harrison Elizabeth Lancaster Linda Lewis Archie Ryan Judy Schaefer Section 8. This Ordinance shall take effect and be in force immediately from and after its passage and approval. PASSED AND APPROVED this day of , 1981. Motion by Commissioner Polich-ino, seconded by Commissioner Forristall, that Ordinance Number 1171 be approved as read. Voting Aye: All Voting lo: None Mayor Stanley administered an Oath of Office to all members of the Long Range Planning Committee, Recycling Committee and Communications Committee that were in attendance at the meeting. SPLASH BASH REPORT: The Commission was advised thatjnasmuch as no representative of the Parks and Recreation Board had been available to attend the meeting, Tom Carson, Director of Community Services, would present a report on the Splash Bash activities held on Labor Day. Mr. Carson noted that the Parks and Recreation Board had been advanced the sum of $1,000 to defray initial expenses of the Splash Bash and had returned a check in the amount of $1,429.47, representing repayment of the advance and profits that had been made. u c u u n L-I 21 Mr. Carson noted that members of the Parks and Recreation Board had held a meeting to discuss possible use of the funds and were considering the pur- chase of additional play equipment to be installed at Colonial Park or the purchase of game equipment for the game room at Colonial Park. Commissioner Polichino suggested that use of the $429.47 be left to the dis- cretion of the City Manager, staff and members of the Parks and Recreation Board. RECOMMENDATIONS FOR PURCHASE OF BID ITEMS: The Commission was advised that bids received by the City Commission on February 9, 1981, for purchase of a riding lawnmower/ttaotor for the Community Services Department; fuel distribution system for all departments and a 19,000 g.v.w. cab and chassis for the Street Department had been reviewed and recommendations for purchase had been pre- pared. Motion by Commissioner Polichino, seconded by Commissioner Jackson, that recom- mendations of the City Manager, Director of Purchasing/Personnel and Department Heads be accepted and the following purchases be authorized by the City Commis- sion: Riding Lawnmower - Al1s Wholesale Distributing - $1,045.00 Fuel Distribution System - Marand Sales Company - $3,920.00 19,000 g.v.w. Cab and Chassis - Port City Ford - $10,547.88 Voting Aye: All Voting No: None REQUEST TO ADVERTISE FOR BIDS: Requests were presented to the Commission to adver- tise for bids for the purchase of the following equipment for which funds are included in the 1981 budget: Park Equipment Trailer - Community Services Department Tables & Chairs - Community Services Department Diving Boards and Stands - Community Services Department Air Paks - Fire Departl'!Jent Fire Nozzles - Fire Department Emulsified Asphalt and Coverstone - Street Department Motion by CommissionerPolichino, seconded by Commissioner Jackson, that the City 1V1anager be authori zed to adverti se for bi ds for the fo 11 owi ng: Park Equipment Trailer Tables & Chairs Diving Boards and Stands Air paks Fire Nozzles Emulsified Asphalt and CoVerstone Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums reviewed the status of the suit filed by the City of Houstonvs Anita Rodeheaver (Harris County Tax Appraisal Dis~ trict). Mr. Allums requested that anyone desiring to make a gift to the city be re- ferred to him to work out any~details regarding such gift. ,,,Ir "l.t.. :IT,---- T"" L- ~'.L 22 STAFF REPORT: City Manager Dick Rockenbaugh-advised that he had no additional items for consideration by the Commission at this time. CONCERNS OF THE CITY COMMISSION: Commissioner Lewis requested that letters be IJ directed by the City Manager to residents signing petitions requesting that ; consideration be given to paving the 3500/3600 blocks of Cor on do Court, the 4200 block of Albans and the 4299 block of Emory advising the procedure which has historically been followed regarding a paving program. Mayor Stanley advised that a letter had been received from Mr. Seth Ramey stating that he has chosen to no longer be a member of the city.s Insurance Committee. Mayor Stanley stated that he felt it in order to address a letter to Mr. Ramey expressing appreciation for his many years of service to the City. Mayor Stanley directed attention to minutes of a meeting of the Health Board in November in which Dr. Pickering pointed out that there had been little com- munication between the City Commission and the Health Board. It was suggested that a workshop session be called to discuss these concerns with Dr. Pickering. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on February 9,1981, were presented to the Commission for their consideration. With no additions, deletions or corrections being made, Mayor Stanley noted the minutes would be approved as submitted. BOARD AND COMMITTEE MEETING MINUTES: Minutes of the following board and committee meetings were presented to the Commission for their information. Electrical Board meeting on February 16, 1981 Zoning and Planning Commission meeting on February 12, 1981 Commissioner Polichino noted that minutes of the Electrical Board meeting included discussion on allowing plastic floor receptacle boxes with no decision being reached. Commissioner Polichino requested that a method be devised whereby final decisions are made. It was suggested that a letter be addressed to the Electrical Board expressing appreciation for the minutes of the meeting of such board and requesting that the Commission be advised when final decisions are made on certain items. . 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. ~~ ATTEST: ~r~~ [l u M ~ n I '---- 23 REGULAR CITY COMMISSION MEETING March 9, 1981 The City Commission convened in regular session at the City Hall on March 9, 1981, 7:30 p.m., with the following members present: Mayor Stanley, presiding, Commis- sioners Forristall, Jackson and Lewis. The City Attorney and City Manager were also present. CommissionerPolichino was out of the city. Commissioner Jackson requested those in attendance to join in the Pledge of Alle- giance to the flag. HEARING OF RESIDENTS: Mr. Ferd Rieger, 6516 Brompton Road, advised the Commission that he had a number of questions and observations that he would like to ad- dress to the Commission: 1) How are calculations made for water/sewer usage with only one meter? 2) Suggest that the city be more consistent with its pickup of recycling material, noting that some weeks it was not picked up at all. 3) The poor job done by employees of the Sanitation Department in putting garbage cans in the back yard after they have been emptied and the leav- ing of cans on the street for a number of hours waiting for the truck to come by. - 4) The fact that residents are not notified when water will be turned off for line repairs. 5) His dislike for the word "optional" being used on tax rendition forms. Mayor Stanley explained the water/sewer billing process to Mr. Rieger; noted the appointment by the Commission of a Recycling Committee to inves- tigate methods to better publicize the program and increase participation; and that plans were now in the process to change tax rendition forms and in- formation. Mrs. Lexie Hazlett, 6420 Sewanee, requested that repairs be made to the fence at the University Boulevard bridge over Poor Farm Ditch, and expressed her dis- like with the distribution of the Southwest Cable News weekly in her front yard. INSURANCE COMMITTEE: Resolution Number 81...13 was presented to the Commission and read in full: WHEREAS, Seth Ramey has served as a member of the Insurance Com- mittee of the City of West University Place since 1954; and WHEREAS, during all such service Mr. Ramey contributed his time, knowledge and expertise to the functions of the Insurance Committee; and WHEREAS, the City Commission wishes to recognize Seth Ramey.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 commends Seth .".~,-,,.......,...... ---- .----c---rc',..~="F'OC=':'!~~'L' . 24 Ramey for his unquestionable professional integrity during his many years of service to the city. Section 2. That the City Commission individually expresses ,] its grateful appreciation to him for his unselfish devotion. Section 3. That this Resolution be spread upon the minutes of the City Commission, and the Mayor be, and he is hereby, authorized to deliver to Seth Ramey a true copy signed by each member.~' of the City Commission and attested by the City Secretary. PASSED AND APPROVED this 9th day of March, 1981. Motion by Commissioner Jackson, seconded by Commissioner Forrista11, that Resolution Number 81-13 be approved as read. Voting Aye: All Voting No: None Mayor Stanley presented Mr. Ramey the original of Resolution Number 81-13 which had been framed for the occasion. ELECTRICAL BOARD: Resolution Number 81-14 was presented to the Commission and read in full: WHEREAS, it is the obligation of the City Commission, pursuant to provisions of the Charter of the City of West University Place, Texas, and ordinances heretofore adopted, to appoint members to various Boards; - and WHEREAS, the Mayor and members of the City Commission have con- tacted qualified citizens to serve on the various Boards; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Electrical Board. 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 Electrical Board: A. B. Fisk Oscar Johnson James Todd Jayne Davis Bi 11 C10we Section 2. That persons hereby appointed to the Electrical Board shall serve without compensation. Section 3. That the persons hereby appointed to the Electrical Board shall serve for a period of two years from the date of this Resolu- tion, and thereafter until the appointment and qualification of their suc- cessors. o II lJ 25 PASSED AND APPROVED this day of , 1981. Motion by Commissioner Jackson, seconded by Commissioner Lewis, that Resolu- tion Number 81-14 be approved as read. Voting Aye: All Voting No: None Mayor Stanley administered the Oath of Office to Bill Clowe, Jayne Davis, A.B. Fisk and James Todd as members of the Electrical Board. PERSONNEL/PURCHASING DEPARTMENT FlLINGCABINET: In accordance with previous action of the City Commission, bids received for delivery of one five- drawer file cabinet were opened and results announced as follows: Stationers, Inc. Commercial Furnishings S-A-M Office Furniture Carroll Discount Furniture AOD Office Equipment Litton 477 .44 522.20 559.50 549.00 559.50 528.73 Motion by Commissioner Lewis, seconded by Commissioner Jackson, that the lowest acceptable bid be accepted and the Director of Personnel/Purchasing authorized t~purchase one five-drawer file cabinet. Voting Aye: All Voting No: None FIRE HOSE: In accordance with previous action of the City Commission, bids re- ceived for delivery of 500. of 2-!1I fire hose and 300. of HII fire hose were opened and results announced as follows: Bidder 500ft. 2-!'1 300 ft. HII Fire Fox Corporation Fire Protection Service Claude Wright & Assoc. 875.00 840.00 810.00 330.00 342.00 336.00 Motion by Commissioner Forristall, seconded by .Commissioner Jackson, that bids received for delivery of 500 feet of 2-!1I fire hose and 300 feet of HII fire hose be referred to the Director of Personnel/Purchasing for review and recom- mendation. Voting Aye: All Voting No: None MUNICIPAL COURT ASSOCIATES: The Commission was advised that in accordance with the provisions of the City Charter it was necessary for consideration to be given to the re-appointment of Associates to serve the Municipal Court. Motion by Commissioner Forristall, seconded by Commissioner Lewis, that Michael Schneider and Terry Collins be re-appointed Associate Municipal Court Judges and Thomas Taylor re-appointed Associate Municipal Court Prosecutor. Voting Aye: All Voting No: None -,III:' ."-. .1 '" ""'T.~" .-~ __ __~..W.' 26 REVENUE PROCEDURE 80-55: Resolution Number 81-15 was presented to the Commission and read in full: WHEREAS, the provisions contained in Revenue Procedure 80-55 have been brought to the attention of the City Commission; and u WHEREAS, such provisions threaten severe damage to current and future budgets of the City of West University Place, Texas; and WHEREAS, it is the desire of the City Commission to support the efforts of Senator Lloyd Bentsen in requesting that Revenue Proce- dure 80-55 be withdrawn. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Treasury Secretary be urged to withdraw Revenue Procedure 80-55 prior to its proposed June 1,1981, effective date. Section 2. That Senator Lloyd Bentsen be advised of the major impact on any method of financing capital improvements for the city should such Revenue Procedure not be withdrawn. Section 3. That cities of Texas, which has pledging requirements among the strictest in the nation, join together~ith the Texas Municipal League to request that Revenue Procedure 80-55 be withdrawn. day of , 1981. o PASSED AND APPROVED this Motion by Commissioner Forristall, seconded by Commissioner Lewis, that Reso- lution Number 81-15 be approved as read. Voting Aye: All Voting No: Nohe PUBLIC WORKS DEPARTMENT AUTOMOTIVE UNIT: An invoice in the amount of $7,150.24 from Bob Robertson Chevrolet for delivery of a 1981 4-Door Sedan for use of the Pub 1 i c Works Department was presented for consi derati_on. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that the City Commission approve payment to Bob Robertson Chevrolet in the amount of $7,150.24 for delivery of a 1981 4-Door Sedan. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised the Commission that he was working on pending legal matters and was also preparing a resultion for con- sideration which would permit the city's Health Officer to obtain a search warrant to enter premises where health hazards were believed to exist. STAFF REPORt: City Manager- Dick Rockenbaugh advised the Commission that there were a number of staff items that should be considered by the Commission as U soon as possible including a report by Finance Director Patrick O.Connor re- . ... garding the computer and Director of Purchasing/Personnel Patt Lilly in the ... personnel area. n , I I : '----- n II '- 27 City Commission Workshop Meetings were scheduled for Saturday, March 14th at 7:30 a.m. and Monday, March 16th at 6:00 p.m. CONCERNS OF THE CITY COMMISSION: Commissioner Jackson requested that the thank-you note received from Mrs. Royer be entered into the Commission minutes: How does one say "thank you" to a whole city? I am so grateful to you all - the Police Department, the Fire Department, those in the Recreation Department, and all those in the City Manager's Department. There are so many individuals too whom I would like to say thank you, I hope you will reach them all and tell them I thank them, I thank them. Bill1s return to West UniverSity Place was the joy to which he was looking forward even though it was overwhelming for him. He has always loved it, now it is more endeared to him than ever. Folks in the U.S.A. now know where it is when mail is delivered addressed Bill Royer, West University Place, Texas!! Thank you again, and your lovely wife for all the kindness you have shown. Commissioner Lewis noted that he was concerned about the explanation that would go to residents when they receive property re-evaluation forms. It was sug- gested that emphasis be made in the City Currents and other means. Commissioner Forristall directed attention to a letter received by members of the Commission from City Secretary Lee Lockard requesting permission to attend the Annual Conference of the International Institute of Municipal Clerks to be held in Atlanta, Georgia on May 17/21. Members of the Commission approved the request. Mayor Stanley was advised that problems had previously been experienced in the construction of a basketball court at Colonial Park and that the project would be considered again. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on February 23, 1981, were presented for consi deration. Motion by Commissioner Jackson, seconded by Commissioner Lewis, that minutes of the regular meeting of the City Commission on February 23, .1981, be ap- proved as submitted. Voting Aye: All Voting No: None 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. IF~ . Mayor ATTEST: K~ ~~~ City Secretary ,'-:IT.., 28 REGULAR CITY COMMISSION MEETING March 23, 1981 The City Commission convened in regular session at the City Hall on March 1\] 23, 1981, 7:30 p.m., with the following members present: Mayor Stanley, pre- siding, Commissioner Forristall, Jackson, Lewis and Polichino. The City Manager was also present. City Attorney Davi d A 11 ums was absent due to ill ness in his family. Commissioner Lewis requested those in attendance to join in the Pledge of Allegiance to the flag. TRAFFIC CONDITIONS: Mr. Robert Dillon, 2704 Nottingham, advised the Commission of the gradual increase in traffic on Nottingham. This problem started when there was a traffic light put on Sunset. He offered two alternatives as a possible solution; 1) Cul-de-sac, 2) One way street east bound. Mr. Dillon also stated the traffic was affecting residents being able to sell their homes. Ms. Lynette Lanceley,2626 Nottingham, stated that the problem now on Nottingham was created by Triangle Refineries traffic at lunch time and the time the employees left their work in the evenints as ,employee parking lot exits on Nottingham and Kirby. Mrs. Smith, 2619 Nottingham, adivsed the Commission that traffic, which is bound for the Southwest Freeway, backs up past Kirby. She also suggested the closing of the Triangle exit which opens on Nottingham. Mr. Bob Lang, 2624 Nottingham, stated his main concern was for the children's safety as he felt they were in danger because of the traffic. Another con- cern of his was the number of cars parked in the street. He also supported the idea of a cul-de-sac or making Nottingham a one way street. Ms. Alice Dodd, 2620 Nottingham, noted that after activities in the Astrodome the traffic increased in the area. o INSURANCE COMMITTEE: Resolution Number 81-16 was presented to the Commission and read in full: WHEREAS, it is the obligation of -the Ci-ty Commtssion pursuant to provisions of the City Charter and ordinance heretofore adopted, to appoint members to various boards and committees; and WHEREAS, the Mayor and members of the City Commission have contacted qualified citizens to serve on the Insurance Committee; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Insurance Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CIT.Y OF WEST UNIVERSITY PLACE, TEXAS: " u Section 1. That the following persons be appointed to serve as members of the Insurance Committee: N Ii ~' [ n \ I i i '----' .29 Joe Williams, Chairman Don Suman Duane Lewis Howard Marshall Ken King Section 2. That the persons hereby appointed to the Insurance Committee shall serve without compensation. Section 3. That the persons hereby appointed shall serve until the appointment and qualification of their successors. PASSED AND APPROVED this 23rd day of March, 1981. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Resolution Number 81-16 be approved as read. Voting Aye: - All Voting No: None PERSONNEL BOARD: Resolution Number 81-17 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 ordinance heretofore adopted, to appoint members to various boards and committees; and WHEREAS, the Mayor and members of the City Commission have con- tacted qualified citizensdto serve on the Personnel Board; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Personnel Board. 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 Personnel Board.' Burt Ballanfant Harry Bri sto 1 Paul Stevens Section 2. That the persons hereby appointed to the Personnel Board shall serve without compensation. Section 3. That the persons hereby appointed shall serve until the appointment and qualification of their succeSsors. Motion by Commissioner Jackson, seconded by Commissioner Lewis, that Resolution Number 81-17 be approved as read. Voting Aye: All Voting No: None ZONING AND PLANNING COMMISSION: Resolution Number 81-18 was presented to the Commission and read in full ; ".[r"l!!:'-" =-- "- T- ,.,-,,.-",, ~ "'1_1 ::.::rTl1TTlT"l.,......j L::::.:!,'r- ~ -- 30 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 Committees; and WHEREAS, the Mayor and Members of the City Commission have contacted qualified citizens to serve on the Zoning and Planning Commission; and WHEREAS, certain persons have indicated a desire and willingness to serve as me~bers of the Zoning and Planning Commission. 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 Zoning and Planning Commission: Mike Casey Jim Abell John Farrell J. E. Norton John Allen. Section 2. That the persons hereby appointed to the Zoning and Planning Commission shall serve without compensation. Section 3. That the persons hereby appointed shall serve until the appointment and qualification of their successors. Motion by Commissioner Jackson, seconded by Commissioner Polichino that Resolution Number 81-18 be approved as read. Voting Aye: All Voting No: None BIDS TO BE RECEIVED: In accordance with previous action of the City Commission, bids received for the delivery of the following were opened and results announced. Fire Department: Nozzles Claude Wright Fire Fox Halprin Supply Industrial Fire Equipment Fire Protection Service Texas Fire Fighters Equipment Helmets 552.86 639.50 47,4 . 84 . 563.64 520.00 536.86 Claude Wright Fire Fox Halprin Supply Areo-Shield Industrial Fire Equipment Fire Protection Service Texas Fire Fighters Equipment 1,290.50 1,305.00 1 ,11 0.70 1,244.10 1,270.20 1,270.20 1,212.20 n o u 31 Air Paks tl Claude Wright Halprin Supply Industrial Fire Equipment Fire Protection Service Texas Fire Fighters Equipment Vallen Corporation 2,187.00 2,103.78 2,348.55 2,085.00 2,157.00 814.00/each Community Services Department: Tables and Chairs Bidder Tables Chairs Net Bid A. Li ss & Company W.W. Grainger General Wholesale Commercial Furnishings Stationers, Inc. Carroll IS Discount 63.40 76.30 70.77 80.00 73.03 71. 50 17.20 17.13 14.59 18.23 19.75 15.00 1,322.00 1,453.20 1,291.30 1,529.20 1,520.30 1 ,390.60 Utility Trailer Bidder 101 X 61 51 X 81 o Trailer Wheel & Frame Husky Trailer & Parts Blue Ribbon Trailer Watson Distributing 825 + ITl 685.50 745.00 -0- 470 + TTl 544.50 595.00 1,609.00 Diving Board/Frames Persenaire Products G & G Contracting Walker Systems, Inc. 4,155.00 5,724.00 5,617.73 Public Works Department: Asphalt Gulf States Asphalt Wright Asphalt Per Gallon 0.808 .8697 Coverstone Ulvade Rock White Mines Price Per Ton (rail) 20.52 apprx. 10.75 Price per Ton (truck) 35.45 apprx. No bid Motion by Commissioner Forristall, seconded by Commissioner Polichino, that bids r,eceived for delivery of equipment be referred to the City Manager and city staff for tabulation, review and a recommendation to be presented at the next regular meeting of the City Commission. 11 '---------' Voting Aye: All Voting No: None ..~ .., .... _ . -,-____~__.__ _ ~_ ------.---J ._'''-'J::-'''': ::JIlIlT""'"..'-' ..--t::.:...:....L.;",,, T' I .'J-TrT1TT-,----. ~"..-- -.1 32 Motion by Commissioner Forristall, seconded by Commissioner Polichino, that the diving boards, stands and utility trailer be purchased according to the best low bid according to specifications. Voting Aye: All Voting No: None n ZONING AND PLANNING COMMISSION RECOMMENDATIONS: Ordinance Number 1172 was pre- sented to the Commission and read in full: ORDINANCE NUMBER 1172 AN ORDINANCE CALLING A PUBLIC HEARING AT 7:30 P.M., WEDNESDAY, MAY 27,1981, TO CONSIDER A REPORT OF THE ZONING AND PLANNING COMMISSION RECOMMENDING CERTAIN AMENDMENTS TO ORDINANCE NUMBER III TO CLARIFY AND UPDATE DEFINITIONS OF SUCH ORDINANCE; PROVIDING FOR A JOINT HEARING ON SAID DATE BY THE CITY COMMIS- SION AND ZONING AND PLANNING COMMISSION; 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: Section 1. That a public hearing shall be held at 7:30 p.m., May 27 , 1981, at the Community Building of the City of t~est University l,J. Place, Texas, located at 6104 Auden, to consider the report of the . Zoning and Planning Commission recommending that Zoning Ordinance Number 111 of said city be amended. Section 2. That such hearing shall be a joint hearing before the City Commission and Zoning and Planning Commission of said city. Sectlon 3. The City Secretary shall publish notice of such hearing 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 thereto shall mail notice of such hearing to owners of all property in the City of West University Place; such owners to be determined 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 Commission shall be filed in the office of the City Secretary and shall be available for inspection by any interested party. Section 5. This Ordinance shall take effect and be in force from and after its passage and approval. u Motion by Commisssioner Lewis, seconded by Commissioner Forristall, that Ordinance Number 1172 be approved as read. ~:: ,I ' !i ; i ~ , [J' ' : ;l l'. n 33 Voting Aye: All Voting No: None AMENDMENTS TO PERSONNEL POLICY AND PROCEnIlRF MANilA' . Ordi nance Number 1173 was presented to the Commission and read in full: ORDINANCE NUMBER 1173 AN ORDINANCE AMENDING ORDINANCE NUMBER 1133 BY AMENDING CERTAIN SECTIONS OF THE PERSONNEL POLICY 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 January 22, 1979; and WHEREAS, it is the desire of the City Commission to make certain changes in the hereinabove 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 IIExhibit All setting forth changes desired in the previously 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. IIEXHIBIT All AMENDMENTS TO PERSONNEL POLICY AND PROCEDURE MANUAL Chapter 1 - Section D D. ORGANIZATIONAL CHART The Organizational Chart is hereby made a part of the Personnel Policy and Procedure Manual Chapter 11 - Section B B. FORM OF GOVERNMENT a. The City Manager is responsible:~ 6. For the appointment (only with approval by the City Commission) of: * Police Chief * Fire Chief 34 * Director of Public Works * Director of Finance * Director of Housing and Community Development * Tax Assessor/Collector * All other Unclassified Positions u D. SUPERVISORY PERSONNEL G. Department of Personnel/Purchasing Director of Personnel Director of Purchasing Chapter V - Section C 4. Approval procedures of pay changes a. Approval process is as fo 11 ows: 1) One to three step increase requires the recom- mendation of the Department Head and approval of the Personnel Director 2) Four to six step increase requires the recom- mendation of the Department Head and approval by the Personnel Director and City Manager. 3) Above six steps requires the recommendation of the Department Head and approval by the Director of Personnel, City Manager and City Commission. o Chapter V - Section D 2. Within the budgeted amount, individual salary adjustments will be made according to the salary review and approval procedures with the following exceptions: a. Any adjustment that will result in an employee re- ceiving more than 12.5 percent in raises during any one annual salary year must be approved by the City Commission. Chapter V - Section G 1. Employees Eligible for Compensatory Time a. Exempt employees b. Public Safety employees c. Employees normally eligible for "overtime pay but elect compensatory time in lieu of payment with the approval of the City Manager 2. Accumulation of Compensatory Time u -Q 35 a. Exempt and non-exempt employees Compensatory time shall be earned on a one hour earned for one hour of authorized overtime work performed. No employee will be allowed to accumulate more than eighty (80) hours of compensatory time. b. Public Safety employees Compensatory time shall be earned on one and one-half hour earned for one hour of authorized overtime work performed. No employee will be allowed to accumulate more than sixty hours of compensatory time. 3. Recording Procedure a. Department Heads Overtime is to be noted on time sheets so that it may be reviewed for approval by the City Manager upon_re- quests for compensatory time. b. Supervisors, Public Safety Employees and Non- Exempt Employees Administration of compensatory time shall be done within the department. Overtime records are to be kept by the Department Head to be reviewed for approval upon request for compensatory time. Amount of com- pensatory time taken shall be noted for future re- ference. 4. Use of Compensatory Time a. Exempt employees Exempt employees upon the approval of the City Manager, may take no more than three (3) days of compensatory time at one time. Compensatory time is not to be used in place of vacation time. b. Non-exempt employees Non-exempt employees have no limit on the amount of compensatory time that can be taken at anyone time. Earned compensatory time must be taken within sixty (60) days. c. Public Safety employees Public Safety employees have no limit on the amount of compensatory time that may be taken at one time. 5. Compensatory time may not be converted into cash payments at any time including termination. T'---'~]7=~~'~"'","",,--~'------- "-U.t " :JI, - L-"..J:llT II ' IT-ITI'!t-.~r. ~-, - - 11 36 Chapter V - Section 1 1. INCENTIVE PAY 1) Incentive pay is offered to employees for completion of designated advanced training in certain job areas of the city. 2) Incentive pay consists of a fixed dollar amount per month to be paid on a bi-weekly basis. Chapter V - Section J J. EMPLOYEE EXPENSE REIMBURSEMENT l(g) When the city vehicles are used, the city credit card shall be used, except those trips which are within the range of one tank of gas, in those cases gas from city pumps will be used. When the use of personal vehicles is authorized, mileage at the standard rate according to the Internal Revenue Service will be allowed. Chaoter VI - S~ctinn A A. VACATION 3. Full-time city employees who have worked conti nuously for six months or more shall be eligible for vacation with pay during the calendar year as follows: o - 5 years receive ten (10) work days 6 - 14 years receive fifteen (15) work days 15 years -' termination receive twenty (20) work days The city realizes that an employee ~arns five (5) days of vacation after six months and may take this if he or she so chooses. Another five (5) , days of vacation is earned from the seventh to 'twelfth month of employment. Total vacation time earned after the first twelve months of employment is ten (10) days. 4. Vacations may be scheduled during any month of the year and vacations will, insofar as practicable, be granted at the time requested by the employee, how- ever, schedules may be arranged so as to assure the orderly conduct of the city.s business. .. .'"'" ~-""",,,,~'--",f!-~ ~ Ii,_. u u a. No more than twenty (20) days can be taken at one time. 8. Vacation time is accumulated during a calendar year U as follows: 37 a. From 1 to 60 months, vacation time is accumulated at a rate of 0.834 day earned per month. b. From 61 to 168 months, vacation time is accumulated at a rate of 1.25 day earned per month. c. From 169 months to termination, vacation time is accumulated at a rate of 1.667 day earned per month. Chapter VI - Section B B. HOLIDAYS 2. The city holiday schedule is as follows: New Year' s Day' Independence Day Christmas Eve Day Christmas Day Good Friday Labor Day Thanksgiving Day Friday following Thanksgiving Motion by Commissioner ,Jackson, seconded by Commissioner Forristall, that Ordinance Number 1173 be approved as read. 0:', I' , I i ! Voting Aye: All Voting No: None Mayor Stanley and Commissioner Polichino expressed their appreciation to City Manager Dick Rockenbaugh and Personnel Director Patt Lilly for their efforts in up-dating city employee benefits. FIRE HOSE REQUIREMENTS: In accordance with instruction of the City Commission, a recommendation was made by Fire Chief Ben Wilcher and Purchasing Director Patt Lilly. Motion by Commissioner Forristall, seconded by Commissioner Polichino, that 500' of 2!1I fire hose and 300' ofHII firehose be purchased from Claude Wright and Associate. Voting Aye: All Voting No: None SALE OF MOBILE HOME LOCATED AT SANITARY LANDFILL SITE: City Manager Dick Rockenbaugh advised the City Commission that the 1971 Fleetwood mobile home located at the city's landfill site has been vacant for 3! years and vandals have taken their toll on it. Further discussion included condition of trailer, possibilities of further use of the trailer by the city, and selling it through an auction. Motion by Commissioner Polichino, seconded by Commissioner Lewis, that adver- tisements for bids for the sale of the 1971 Fleetwood mobile home be taken. Voting Aye: All Voting No: None . . . ~.~=: . ""J.t. " !JI. ~ 'l:.--11L.1~ II~~-:,. Tr-----'--r' , ~ - 38 BANK DEPOSITORY PROPOSED: City Manager Dick Rockenbaugh advised the City Com- mission that in David Allum's legal opinion the opening of bids during work i ng hours was permi s sab 1 e and that the. City Charter's 5% 1 i mit on interest for loans was effective. Finance Director Patrick O'Connor advised City Commission that April 27,1981, was the tenative award date for the bank depository proposals. Motion by Commissioner Forristall, seconded by Commissioner L~wis, to advertise for proposals by banking institutions to serve as the'cHy's depository for funds and accounts. Voting Aye: All Voting No: None Commissioner Forristalland Commissioner Polichino expressed their apprecia- tion to Finance Director Patrick O'Connor for his excellent work on the Bank Depository Proposal and other banking/financial areas. PURCHASE OF COMPUTER EQUIPMENT: City Manager Dick Rockenbaugh and Finance Director Patrick O.Connor requested the City Commission to approve the proposal of converting the computer lease to a five year installment plan and to add additional equipment to the computer now on site. City Manager Dick Rocken- baugh advised the City Commission that altogether the proposed approvals would mean that the city would spend $18,000 this year of the $21,000 budgeted for the year for the computer lease. Finance Director Patrick O'Connor noted the difference of the present value cost of the two alternatives of leasing or buying is approximately $40,000. The purchase plan being $40,000 less ex- pensive than the lease plan. Lou Scoggins, with NCR, was in attendance at the meeting to answer questions or give any help needed. Motion by Commissioner Polichino, seconded by Commissioner Jackson, to pur- chase computer equipment and supplies rather than continue a lease agreement. Voting Aye: All Voting No: None City Manager Dick Rockenbaugh was authorized to sign necessary NCR agreements, documents and required purchase orders. CONCERNS OF CITY COMMISSION: Commissioner Forristall expressed concern in water turn-offs for nonpayment of bi 11 s. Fi nance Di rector Patri ck 0' Connor ex- plained the new system of billing that is now being used. Commissioner Polichino requested that involvement as a municipality in state legislation ought to be pursued by our city staff and information relayed back to the City Commission. - Mayor Stanley inquired of the status of the basketball court at Colonial Park. City Manager Dick Rockenbaugh will have a progress report at the next Commission meeting. Harris County Mayors' and Councilman's Association statement for $400 was brought to the attention of the Commission by Mayor Stanley. No decision was made as more details were needed. , '~r' u c [ 39 Mayor Stanley noted that he had received communication in ,reference to the establishment of a mini MTA for suburban municipalities. Mayor Stanley noted the tree planting ceremony would be Friday, March 27th, at 10:00 a.m. at City Hall in honor of Bill Royer. Senator,Mike Richards and Billy Royer are both to be present. Mayor Stanley commended Director of Finance Patrick O'Connor for his election to ~he position of Vice President of the Gulf Coast Chapter of the Municipal Fi nance Offi'cersAssoci ati on. Mayor Stanley advised that as he was a shareholder in the First National Bank of West University and Village Savings and Loan that because of conflict of interest he would neither vote or participate in any discussion on banking proposals. Concern was expressed by Mayor Stanley in the parking of boats and other vehicles in front of houses in the 2700 block of Quenby. Mayor Stanley reported and pictures were shown concerning the fence repairs on Poor Farm Ditch. Mayor Stanley reported his conversation with John Wilson of the Marine Train- ing and Rescue Department. Mr. Wilson expressed his thanks to the city for the use of the pool at Colonial Park. Mayor Stanley noted this was a nice service the city,cou1d offer. Mayor Stanley noted letter from Karen Grou1 commending the Commission for the establishment of Communications Committee. STAFF REPORT: City Manager Dick Rockenbaugh brought to the attention of the City Commission that there were two or three Ipinho1e" leaks in our main water line on Edloe Street. Water for the whole city will have to be turned off between the hours of 1:00 a.m. and 5:00 a.m. on decided date for needed repairs. The City Manager also brought to the Commission's attention the problems at our lift station on Academy. A 3" pump is needed to correct the problem which can be purchased for $1,250.00. Motion by Commissioner Jackson, seconded by Commissioner Forrista11, that authorization be given City Manager Dick Rockenbaugh to purchase 311 pump. Voting Aye: All Voting No: None ELECTRICAL BOARD MINUTES: Minutes of the Electrical Board meeting were presented to the Commission for their information. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on March 9, 1981, were presented for consideration. Motion by Commissioner Po1ichino, seconded by Commissioner Forristall, that mi nutes of the regu1 ar meeting of the City Commi ss i on on March 9, 1981, be approved as submitted. . ~ .1:: . '" '1:.:...:' r:n:...r , '.".".l"" I. ,,, .1'.1 ,.----, 'f.1 ,._ -, "~ 40 Voting Aye: All Voting No: None 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. Iff ~J>> u ATTEST: ~ ~(kri / City Secretary o ~ [ n 41 REGULAR CITY COMMISSION MEETING Apri 1 13, 1981 The City Commission convened in regular session at the City Hall on Monday, April 13,1981,7:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. Commissioner Polichino requested those in attendance to join in the Pledge of Allegiance to the flag. HEARING OF RESIDENTS: Mr. Bi 11 Swanson, 2612 Fenwood, presented the fo 11 owi ng statement regarding traffic on Fenwood: We appreciate the opportunity to be able to address the City Commission and the City Manager. My name is Bill Swanson and I live at 2612 Fenwood. A number of the other citizens in the 2600 block of Fenwoodand I have dis- cussed the situation concerning our block. The 2600 block of Fenwood is the first block south of University Boulevard and intersects Kirby Drive. The 2600 block of Fenwood is 1I0ne-Wayll with the traffic flow onto Kirby. Fenwood was designated 1I0ne....Wayll to prevent vehicles traveling north on Kirby from cutting through on Fenwood to Annapolis to avoid the traffic light at the intersection of Kirby and University. We believe there are several problems with the in- tersection of Kirby and Fenwood which warrant consideration of the clnsingof Fenwood at Kirby. There are approximately 15 children on our block who ride bicycles, roller skate, and play ball on the sidewalks and street. The children are somewhat accustomed to looking for vehicles going the proper direction on the street. However, they are frequently caught 1I0ff guardll when vehicles enter Fenwood from Kirby (violating the 1I0ne-Wayll provision of the street). As we all know, in peak traffic periods, there is a heavy flow of traffic on Kirby. Kirby is a major thoroughfare from the Southwest Freeway to the 610 Loop and Astrodome area. With this heavy traffic it is extremely difficult to turn left from Fenwood onto Kirby since the vehicles frequently back up from the University intersection with Kirby past Fenwood when the traffic light is red. When the light is green, the traffic flow is so great it is difficult to turn right onto Kirby and takes extreme patience to be able to turn left. Since our block has the closest proximity to the Kirby/University intersection, many vehicles are accelerating from the light or preparing to stop at the signal. This causes tremendous amounts of noise and distractions to the residents of Fenwood. As you know, there was a tremendous amount of effort required by the surrounding residents to prevent the night club from being opened in the vacant location at Kirby and University. Jim Short, .who lives at the corner of Fenwood and Kirby did an outstanding job of organizing and fighting the permitting of the club at the site. The previous club at the lncation had a shooting and had excessive amounts of noise.' The site is currently up for lease and the vacant lot which is directly across from Fenwood is on the market for sale. We, the residents of West University, are very concerned-about the impact that these sites may have on our residential neighborhood. -_.."--.,~..~~ .._-_.~ 42 I have talked with many residents of our block and have found that they are supportive of the effort to close Fenwood at Kirby. We are prepared to work with the City Commission, the City Manager, the police, fire and sanitation departments, to affect the closing of Fenwood. u Again, thank you for your cooperation. Mayor Stanley advised Mr. Swanson that the City Commission is quite con- cerned about traffic in the city and that a Sub-Committee of the Long Range Planning Committee consisting of Mr. Gene McFadden and Mrs. Janet Redeker are in the process of studying traffic conditions. Mayor Stanley noted that the Commission wants to look at the city's traffic as a whole rather than address the problem piece-meal. Mr. Coy Stewart, 3142 Southwestern, requested that consideration be given to his request for 'tax exemption on the basis of his disability from the Texas Teacher Retirement System, noting that both the County and School District had recognized his credentials. Mr. Stewart was 'advised to present his credientials to the AssessorjCollectionDonna Sims. Mr. W. L. Partridge, 4040 Ruskin, was advised that he would receive a re- sponse regarding setback requirements for fence construction. AMBULANCE ADVISORY COMMITTEE: Ordinance Number 1174 was presented to the Commis- sion and read in full: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE; TEXAS, BY CHANGING THE MEMBERSHIP REQUIREMENTS OF THE AMBULANCE ADVISORY COM- MITTEE ; PROVIDING FOR THE MEMBERSHIP OF THE AMBULANCE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ~ Section 1. That Sectionll~19.l3 of the Code of Drdinances of the City of West University Place, Texas, is hereby amended so that hereafter said Section shall read as follows: "Section 11-19.13 - Ambulance Advisory Committee (a) An Ambulance Advisory Committee is hereby created to consist of two (2) medical doctors, who are mem- bers of the Harris County Medical Society; one re- gistered nurse or appropriately qualified resident; and the Chief of the Fire Department of the city. The City Health Officer and the City Manager shall be ex-officio members of said committee without vot- ing privileges. The Ambulance Advisory Committee and the chairman thereof, shall be appointed by the City Commission and shall serve for a period of one ~~:~ ~~dm~~~~~g t~~i ~h~u~~~~~o~:y a~: ~:~~~~{e~f a~~Ch n..,..... .,.i...,.,.,..... qua 1 i fi ed. Members of the committee shall serve .. .. without compensation." [ r' 43 Section 2. The following persons are hereby appointed members of the Ambulance Advisory Committee: . Dr. Randolph Bailey Dr. Paul B. Handel Dr. Leland A. Winston Dr. Arlo Weltge Section 3. This ordinance shall take effect and be in force immediately from and after its passage and approval as required by law. Motion by Commissioner Jackson, seconded by Commission Lewis, that Ordinance Number 1174 be approved as re~~. Voting Aye: All Voting No: None HEALTH BOARD: Resolution Number 81-19 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 con- tacted qualified citizens to serve on the Health Board of the City of West University Place, Texas; and . WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Health Board. NOW, THEREFORE, BELT 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 Health Board: Dr. Larry Pickering Mr. George S. Stillman Dr. William E. Woodward Section 2. That the persons hereby appointed to the Health Board shall serve without compensation. Section 3. That the persons hereby appointed to the Health Board shall serve until the next regular general City Election of the City Commission and thereafter until the appointment and qualification of their successors. PASSED AND APPROVED this day of 1981. Motion by Commissioner Po1ichino,seconded by Commissioner Jackson, that Resolution Number 81-19 be approved as read. Voting Aye: All Voting No: None ...... ~ ~~~. - 44 PARKS AND RECREATION BOARD: Resolution Number 81-20 was presented to the Com- mission and read in full: . WHEREAS, it is the obligation of the City Commission, purs-uant U 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 qualified citizens to serve on the Parks and Recreation Board 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 Parks and Recreation Board. - 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 Parks and Recreation Board: Mrs. Connie Boynton Mr. Michael Brown Mr. Winfield Campbell Mrs. Paula Doughty Mrs. Sue Feazel Mrs. Susan Godwin Mrs. Pat Moore Mr. Harold Prasatik Ms. Beatty 'Watts Section 2. That the persons hereby appointed to the Parks and Recreation Board shall serve without compensation. o Section 3. That the persons hereby appointed to the Parks and Recreation Board shall serve until the next regular general City Election of the City Commission and thereafter until the appointment and qualification of their successors. PASSED AND APPROVED this day of , 1 981 . Motion by Commissioner Forristall, seconded by Commissioner Polichino, that Resolution Number 81-20 be approved as read. Motion amended by Commissioner Forristall, seconded by Commissioner Jackson, that Mrs. Pat Moore be named as Chairman of the Parks and Recreation Board. Voting on amendment: Voting Aye: A 11 Voting No: None Voting on motion: Voting Aye: All Voting No: None U--~ -- ,,' o n L-1 . '<'.""""~>'"-''''''''''' ,-, 45 TAX BOARD OF EQUALIZATION: Resolution Number 81-21 was presented to the Com- mission 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 me~bers to various Boards; and WHEREAS, the Mayor and members of the City Commission have con- tacted 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 willingness to serve as member~ 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: . Mrs. Mary Ann Binig Mr. Maurice McGowen Mr. Peter Taaffe Section 2. That the persons hereby appointed to the Tax Board of Equalization shall s~rve without compensation. Section 3. That the persons hereby appointed to the Tax Board of Equalization shall serve until the appointment and qualification of their successors. PASSED AND APPROVED this day of , 1 981 . Motion by Commissioner Jackson, seconded by Commissioner Polichino, that Resolu- ~ tion Number 81-21 be approved as read. Voting Aye: All Voting No: None ZONING BOARD OF ADJUSTMENT: Resolution Number 81-22 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 con- tacted qualified citizens to serve on the Zoning Board of Adjustment of the City of West University Place, Texas; and. WHEREAS, certain persons have indicated a.desire and willingness to serve as members of the Zoning Board of Adjustment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: ,-,.,.",-,-,_",.,;J,.r: t-ir _r"JI!:" :JIlfI""'"""" L:.-' TILr~ 'I L-J.. "11," ~ ~-,,--- ..- 46 Section 1. That the following persons be appointed to serve as members of the Zoning Board of Adjustment. Mr. Frank Billings Mrs. Billie Fougerat Mr. Vince Fromen Mr. Dwayne Loftice Mr. Stanley McCandless Mr. Robert Kendrick (Alternate) Mr. Robert Frahm (Alternate) Section 2. That the persons hereby appointed to the Zoning Board of Adjustment shall serve until the next general City Election of the City Commission and thereafter until the appointment and qualification of their successors. PASSED AND APPROVED this day of , 1981. Motion by Commissioner Polichino, seconded by Commissioner Lewis, that Resolution Number 81-22 be approved as read. Voting Aye: All Voting No: None Mayor Stanley administered the Oath of Office to all Board and Committee members in attendance at the meeting, followed by a ten-minute recess. COMMUNICATIONS COMMITTEE: Motion by Commissioner Lewis, seconded by Commissioner Forristall that consideration of this agenda item be deferred until the next regular meeting of the City Commission on April 27th. Voting Aye: All Voting No: None LEGAL FEES: An invoice in the amount of $3,975.00 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 Jackson, seconded by Commissioner Polichino, that an invoice in the amount of $3,975.00 submitted by City Attorney David Allums be approved for payment. Voting Aye: All Voting No: None RECOMMENDATIONS FOR PURCHASE: Recommendations from Director of Personnel/ Purchasing Patt Lilly and various department heads for the following purchases were presented: Helmets The bid on twenty-nine (29) firefighters helmets received from Halprin Supply Company meets all specifications and represents the low bid. It is our recommendation that the helmets be purchased from Halprin Supply Company for the bid amount of $1,110.70. The amount of $1,450.00 has been appropriated in the 1981 budget for this expenditure. Air Paks The low bid on the three (3) air paks was received fro~ the Fire Protection Service Company. The bid meets all specifications and it is our recommendation that the air paks be purchased from the ~I I u o n 47 Fire Protection Service Company for the bid amount of $2,085.00. The amount of $2,460.00 has. been appropriated for this expenditure. Nozzles After reviewing the bids received for the two (2) water nozzles it is our recommendation that the nozzles be purchased from Halprin Supply Company for the bid price of $474.84. The Halprin Supply Company bid meets all specifications and represents the low bid. The amount of $800.00 has been appropriated in the 1981 budget for this expenditure. Chairs A low bid of $14.59 each was received on the chairs from General Wholesale Products. After inspection of the chair, I found that the molded plastic shell was not reinforced and thus did not meet specifications. The next lowest bid, in the amount of $15.00 each, was submitted by Carroll's Discount Furniture Company. The chair bid by this vendor has been inspected and meets all specifications. It is the recommendation of the department head and myself that the chairs be purchased from Carroll.s Discount Office Furniture Company for the bid amount of $15.00 per chair. Tables The low bid on the tables was submitted by A. Liss and Company, Inc. Due to the fact that this vendor is located out of state there will be consider(ible shipping cost involved that would add about $10.00 to the bid price of $63.40 each. In calculating the shipping cost involved, A. Liss & Company, Inc. does not represent the lowest bid. The next lowest bid was submitted by General Wholesale Products in the amount of $70.77 per table. Since this vendor is local there would be no shipping cost involved. The tables meet all specifications and it is our recommendation that they be purchased from General Whole- sale Products for the bid price of $70.77 per table. In reviewing the budget, I find that $1,200.00 has been budgeted for the purchase of the tables and chairs. . So as not to go over the bud- get I recommend that nine tables and thirty-seven chairs be purchased. This would represent an expenditure of $1,191.93 or $8.07 under the bud- get. Asphalt Emulsion Gulf States Asphalt Company, Inc. submitted a low bid of .808 per gallon. The asphalt that they bid has to be heated and for this reason it does not meet specifications. The only other bid received was submitted by Wright Asphalt Products Co. The asphalt meets all specifications and it is our recommendation that it be purchased from Wright Asphalt Products Company for the bid amount of .8697 per gallon. [!."..I .. '-1 ; 1 i Coverstone There are two parts to the bid that need to be considered to arrive at the net bid; cost of coverstone and cost of transportation. The White's Mi nes Company submitted the low bi d of $10-.75 per ton for the coverstone and $9.62 per ton for transportation. Since the coverstone meets all specifications it is our recommendation that it be purchased from White's Mines Company. ,.--, . ,-., p",r.,- rr I !-rr,T~' .. rJ.I:" ~." . T 'T'rT 1- ,.,~-. .........-----, -, 48 The total cost on the purchase of 30,000 gallons of asphalt emulsion and 1,200 tons of coverstone is $50,5 5.00. The amount of $75,000.00 has been appropriated for this expend ture in the 1981 budget. Motion by Commissioner Polichino, sec nded by Commissioner Lewis, that the recommendations of the Purchasing Dir ctor and Department Heads be accepted and purchases made in accordance WithjSUCh recommendations. Voting Aye: -All Voting No: None Commissioner Polichino stated that th Purchasing Director had done a fine job in reviewing bids received to assure ~hat all purchases made for the city are the best. Commissioner Polichino commended the Purchasing Director, Director of Finance and City Manager for the e cellent manner in which they perform their jobs. REOUEST TO ADVERTISE FOR BIDS: The Commi sion was advised that the Finance Depart- ment is in need of utility billing fo~ms and would like to order a ten-month supply. A request was also presented to advertise for the purchase of a new radio console for the Police Departme t communications system. Motion by Commissioner Jackson, seconed by Commissioner Polichino, that the City Manager be authorized to adverti e for bids for purchase ofuti1ity bill- ing forms and a radio console. Members of the Commission were assure that the supplier would be requested to store the billing forms and supply on an lias neededll basis and that no changes were anticipated in the forms request d. Voting Aye: All SANITARY LANDFILL SOIL INVESTIGATION: In State Department of Health, National to make a soils investigation and rep an invoice in the amount of $1,085.65 consideration. Voting No: None accordance with requirements of the oil Services, Inc. had been requested rt on the sanitary landfill site and for such services was presented for Motion by Commissioner Jackson, secon ed by Commissioner Lewis, that payment be approved of an invoice from Nation 1 Soil Services, Inc. in the amount of $1,085.65. Voting Aye: All Voting No: None TEXAS MUNICIPAL LEAGUE: An invoice in th amount of $1,091.00 received from the Texas Municipal League for the city's share of the cost of League services for the period June, 1981 to June, 19 2 was presented for consideration. Motion by Commissioner Polichino, sec nded by Commissioner Forristall, that an invoice in the amount of $1,091.00 received from the Texas Municipal League be approved for payment. Voting Aye: All Voting No: None u o u 49 LEGAL MATTERS: City Attorney David Allums reviewed the status of four major cases that he is currently handl i ng on behalf of the ci ty. An injunction filed on behalf of the city against Mr. Hightower in violation of a twenty (201) foot front building setback by the enclosure with glass of an exi sti ng front porch. A hearing wi 11 be hel d on thi s on Wednesday. A review of a case involving Mr. Joe Spratlin on Cason where a large chinese tallow tree caused a major water line break. The pending Schroeder case in which depositions will _be taken and a further report made to the Commission. The Denise Kaiser Suit against the city and members of the Police Department. CONCERNS OF THE CITY COMMISSION: Commissioner Jackson requested that members of the Commission and those in attendance have a moment of silence in honor of former Mayor Homer L. Ramsey. Commissinner Forristall reported that volunteers had completed stuffing tax valuation notices and all had been mailed. Commissioner Forristall expressed appreciation to the many volunteers who spent many hours assisting. Commissioner Polichino was advised by reporter Ed Conaway that this would be hi~ last Commission meeting as a representative for the Surburbia Reporter, but that he would cover the meetings for the Houston Chronicle. Mayor Stanley reminded members of the Commission and those in attendance that a Public Hearing had been scheduled for May 27th at the Community Building to consider recommendations made by an AdHoc Committee composed of members of the Zoning and Planning Commission and Zoning Board of Adjustment. n I i ) i Mayor Stanley congratulated Commissioner Forristall on the fine job she and volunteers did in getting all of the tax valuation notices mailed. Mayor Stanley noted that a bill was being considered in the Texas House of Representatives which would require that the city obtain permission from the City of Houston prior to any changes to city streets, noting that he intended to write his representative to oppose such bill. Mayor Stanley also noted correspondence received from the Texas Municipal League on a bill that would return to cities in the state funds for the up- keep and maintenance of city streets, noting that the City of West University Place stood to gain $53,000 if such legislation is passed. Commissioner Lewis announced that the first Towne Hall meeting would be held at the Community Building on May 18th with Gulf Coast Cable TV Company taping the program. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that three (3) new Police patrol units had been received and placed in service. Mr. Rockenbaugh advised that he had made an investigation and believed that an origin and destination study of city traffic could be obtained for approxi- mately $500/$800. .:1"'"'' 50 Mr. Rockenbaugh presented members of the Commission with a preliminary budget calendar for consideration of the 1982 budget noting that changes will be required as vacation trips are planned, etc. It was the decision of the Commission to further consider an invoice from the Harris County Tax Appraisal District at its next regular meeting. CITY COMMISSION MINUTES: Minutes-of the regular meeting of the City Commission on March 23, 1981, were presented for consideration. Motion by Commissioner Polichino, seconded by Commissioner Jackson, that minutes of the regular meeting of the City Commission on March 23,1981, be approved as submitted. Voting Aye: All Voting No: None ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and, carried, the meeting adjourned at 9:15 p.m. ATTEST: ~~L City Secretary 'l J 1\ U u 51 REGULAR CITY COMMISSION MEETING Apri 1 27, 1981 The City Commission convened in regular session at the City Hall on Monday, April 27, 1981, 7:30 p.m., with the following members present: Mayor Stanley, presiding, Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and Ci ty Manager were al so present. The Invocation was pronounced by Mayor Stanley. HEARING OF RESIDENTS: Mr. Orin Anderson, 3130 University Boulevard, advised the Commission that he would like to discuss police officers' salaries. Mr. Anderson stated that he would take what he referred to as a "CAB" approach, meaning to collect data, analyze such data and then act on it. Mr. Anderson's discussion on the collection of data included a professional presentation made to the Commission at its workshop session on Saturday, April 25th by representatives of the Police Offic~rsl Association; the number of hours re~ qui red in training prior to the certification of a police officer; the com- patability of members of the Police Department; and reported incidents of dangers encountered by the officers. The analysis presented by Mr. Anderson indicated that West University police officers' salaries were from 21% to 31% behind cities equal in size and departmental size; the fact that the last "across the board II increase granted members of the department was in April of 1980; and the fact that individual members of the department operate in the "red" each month. Mr. Anderson's approach to the action portion of his recommendation was a request to the Commission that members of the Police Department should have an immediate 25% increase in their pay scale which would cost approximately $66,000 which would increase to $80,000 to include Social Security, insurance and other related salary costs. Mr. Anderson concluded his presentation with his concern about losing good officers to higher paying jobs and a further request for an immediate 25% increase in the salary scale of police officers. Mayor Stanley advised Mr. Anderson that he spoke on behalf of the City Commission and all were concerned with the salary structure within the city, including Police Officers and that the administration and City Commission have to look at the salary structure as a whole and that his recommendation would be taken into consideration. Commissioner Forristall stated that the city had excellent personnel and that the pay scale in all areas were lagging behind and that the Director of Personnel/Purchasing was currently working on information that would be con- sidered in conjunction with the 1982 budget. Commissioner Jackson stated that he would echo comments by Mayor Stanley and Commissioner Forristall, noting that he felt in agreement with Mr. Anderson, but that the Commission had to operate within the constraints of the budget. Mr. Charles McMurry, 4235 Byron, thanked members of the Commission for devoting their time on Saturday morning for a workshop session and noted that the budget constraints under which the Commission operated did not alleviate the problem. Mr. McMurry suggested that as an alternative toa 25% increase at this time, that each employee be moved one or two spaces higher on the com- pensation plan in order to let them know of the concerns of the citizens and to also put some money in their pockets. Mr. McMurry further stated that it was his fear that the standards of the department might have to be lower unless salaries were increased. ,_. _",Ir'O..' n-, .------.-,.----..--.---,-,. " ._.._ __ ....."."'I."'.,.-..-..---------u....----.-----,--,----,--,-------- 52 Mayor Stanley advised Mr. McMurry that the Commission shared his concern and that it was the task of the Commission to look at the resources of the city.- and to look at the city as a whole. Mrs. Lexie Hazlett, 6420 Sewanee, requested information regarding restrictions on swimming pool construction with regard to location on lots and was ad- vised that the information would be provided to her by noon on Tuesday. Mr. Dwayne Loftice, 4037 Marquette, advised the Commission that he was be- coming distressed over a law suit involving the city, cit police officers antl himself. Mr. Loftice stated that it was his understanding that the city was being represented by its insurance carrier and-that it was his concern and fear that if the litigation continues for any significant length of time, and he continues to be involved as a defendant, that his interest could be substantially affected by whatever position is taken by the legal representa- tives of the city, its mayor, police chief and police officers. Mr. Loftice urged that the Mayor and City Commission become involved in the suit and to dedicate what time they could to see that such suit was dismissed without settlement of any nature. City Attorney David Allums stated that-he did not want to discuss a pending lawsuit and that he believed this one would reach a rapid disposition. Mrs. Travis Long, 6504 Belmont, stated that she believed all citizens had con- cerns for their safety and their homes and that the Police and Fire Departments influenced their decision to live in West University. Mrs. Long encouraged mem- bers of the Commission to give careful consideration to salaries of the police and fire departments as soon as possible. Mrs. W. T. Doherty, 2607 Pemberton, stated that she would like to echo Mrs. Long's remarks. Mrs. Judge, 3106 Georgetown, stated that the police and fire departments were-- the reason she had moved to West University and that she would like to encourage the Commission to look at salaries paid in West University in comparison with other cities. Mr. Chuck Gillan, 3620 Georgetown, stated that he would like to encourage those present to attend the budget hearings, noting that the general public reaction at budget hearings was to cut, pare or eliminate and that the budget hearing would be the appropriate time for citizens to express their concern with salaries paid municipal employees. Mrs. W. T. Doherty, 2607 Pemberton, expressed a desire to determine how much the city contributed to the paving of Kirby Drive, noting that the entire street is being undermined and that she would like-to see the city approach the City of Houston regarding the condition of the street. Mayor Stanley advised Mrs. Doherty that the matter would be investigated and that if she had not heard anything by Wednesday to please call. TAX BOARD OF EQUALIZATION: Resolution Number 81-23 was presented to the Com- mission and read in full: ~ o u m rn i~~ I ' r I '-- - 5-3 WHEREAS, Charles A. (Chuck) Gillan was originally appointed a member of the Tax Board of Equal ization of the City of West University Place, Texas, on April 11, 1966; and WHEREAS, Chuck Gillan continued to serve in such capacity for fourteen years; and WHEREAS, during all of his service Chuck Gillan performed his duty and responsibility in such-manner as to reflect credit upon himself, hi s family, hi s professi on and the city; and WHEREAS, his attitude and attention to his responsibility in city tax matters was received with respect and confidence and was given by him in a manner of personal worth and understanding; and WHEREAS, the City Commission invites Chuck Gillan to continue his 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 commends Charles A. Gillan for his distinguished service to the citizens and to the city. Section 2. That the City Commission, on behalf of all of the citizens of West University Place, Texas, expresses its grateful appreciation to him for his unselfish devotion to his duties and for the manner in which he faithfully performed his responsibilities. Section 3. That the City Commission individually expresses its grateful appreciation to Charles A. Gillan for his many years of volunteer service to the city. . Section 4. That this Resolution be spread upon the minute~ of the City Commission and that the Mayor be, and he is hereby, authorized to deliver to Charles A. (Chuck) Gillan a true copy signed by each member of the City Commission and attested by the City Secretary. PASSED AND APPROVED this 27th day of April, 1981. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Resolution Number 81-23 be approved as read. Voting Aye: All Voting No: None Mayor Stanley presented Mr. Gillan the original of Resolution Number 81-23 which had been framed for the occasion noting that with such piece of paper went the sincere andheartfe 1 t thanks of hi s city. . SENIOR SERVICES BOARD: Resolution Number il-24 was presented to the Commission and read in full: . L' L' .JII~' . I' I L I I fl I L....lJ ii,., I', . , 54 WHEREAS, by Resolution Number 75-29, the City Commission created a Committee of interested citizens to consider the needs and the area in which the city could administer to the senior citizens of West University Place; and WHEREAS, such volunteer committee was known as a Council on Aging; and WHEREAS, it is the desire of the City Commission to change the name of the committee to the Senior Services Board to more accurately re- flect the responsibility of such committee; and WHEREAS, it is the obligation of the City Commission pursuant to provisions of the Charter of the City of West University Place, Texas and ordinances heretofore adopted, to appoint members of various Boards; and WHEREAS, the Mayor and members of the City Commission have contacted qualified citizens to serve on the various Boards; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Senior Services Board. 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 Senior Services Board: Ms. Nancy Bringhurst, 3820 Swarthmore Mrs. Sue Cole, 3523 Robinhood Mr. Harland Doak, 3315 Pittsburg Mrs. Sue Kelley, 4220 Judson Mr. William Marshall, 3718 Robinhood Mrs. Aileen McElreath, 3722 Robinhood Mrs. Helen Seymour, 3721 Robinhood Mrs. Bea Shifreen, 3312 Nottingham Section 2. That the persons hereby appointed to the Senior Services Board shall serve without compensation. Section 3. That the persons hereby appointed to the Senior Services Board shall serve for a period of two years from the date of this Resolution. PASSED AND APPROVED this day of , 1981. Motion by Commissioner Polichino, seconded by Commissioner Jackson, that Resolution Number 81-24 be approved as read. Motion by Commissioner Forristall, seconded by Commissioner Lewis, that Resolution Number 81-24 be amended to designate Mrs. Sue Cole and Mrs. Helen Seymour as Co-Chairpersons of the Senior Services Board. Voting on Amendment: Voting Aye: All Voting No: None -, , I I , 1 '----------' ,1 I I !~ u 55 Voting on Motion: Voting Aye: All Voti ng No: None: Mayor Stanley i ntroidlllced Ms. Li 1 Sims, Di rector of the Seni orServi ces Department, and expressed appreciation for her services and attendance at the meeting. PLUMBING BOARD: Resolution Number 81-25 was presented to the Commission and read i n fu 11 : WHEREAS, it is the obligation of the City Commission, pursuant to provisions of the Charter of the City of West University Place, Texas; and ordinances heretofore adopted, to appoint members of various Boards; and WHEREAS, the Mayor and members of the City Commission have con- tacted qualified citizens to serve on the various Boards; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Plumbing Board~ 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 Plumbing Board: Mr. Scott Cameron, 5616 Buffalo Mr. Roy Harper, 4038 Marquette Mr. Michael Smith, 6018 Charlotte Mr. Brian Watts, 2723 Nottingham Ms. Georgia Wilson, 3022 Ro~inhood Section 2. That the persons hereby appointed to the Plumbing Board shall serve without compensation. Section 3. That the persons hereby appointed to the Plumbing Board shall serve for a period of two years from the date of this Resolu- tion, and thereafter until the appointment and qualification of their successors. PASSED AND APPROVED this day of , 1981. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that Resolution Number 81-25 be approved as read. Voting Aye: All Voting No: None Mayor Stanley administered the Oath of Office to members of the Senior Services Board, the Plumbing Board and members .of other boards and committees who were unable to be present when their particular board or committee had been officially appointed. l~~_._~~ . .......-.....:.__... ':---c-r--'--.~-----~-'-C7~~n'..---- . CI"Il " ".,-- " "I: 'TrT 1- l.-!::I---"'-~-' T--- ,- --r I .56 SENIOR CITIZEN MONTH: Mayor Stanley presented a Proclamation designating the month of May, 1981, as Senior Citizen Month. ~ I WHEREAS, the month of May has been proclaimed as Senior Citizen Month in honor of senior citizens and senior services volunteers; J and ' , WHEREAS, concerned people recognize the inherent rights of independent living and freedom of choice for all citizens, and the need for services and programs which will enable the elderly to retain a choice of lifestyles; and WHEREAS, the citizens of the City of West University Place recognize the need for greater public awareness of the contributions of our senior citizens, and concern for the problems many face as they grow older; and WHEREAS, the City of West University Place values its senior citizens as resourceful persons deeply involved in living. This generation of older citizens should be commended and respected for its continuing efforts to build a better society for all. NOW, THEREFORE, I, Rufus F. Stanley, Jr., as Mayor of the City of West University Place, do hereby designate the month of May, 1981, as SENIOR CITIZEN MONTH in the City of West University Place, Texas, and urge all citizens to join ,~ in honoring-their fellow citizens who have reached a status of seniority J and respect, and further urge that all citizens include senior citizens " into the normal sphere of life. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Official Seal of the City of West University Place to be affixed this 27th day of April, 1981. MUNICIPAL CLERK'S WEEK: Mayor Stanley presented a Proclamation designating the week of May 10-16 as Municipal Clerk's Week. WHEREAS, the Municipal Clerk, oldest of public servants dating back to Biblical times, is the hub around which revolves efficient and re- sponsive local government; and WHEREAS, as local government has grown in responsibility and importance through the centuries, so has the commission of the Municipal Clerk; and WHEREAS, the Municipal Clerk provides a direct link between past, present and future by preserving records for posterity and implementing decisions of the legislative body, all the time seeking better and more efficient ways to do these jobs; and WHEREAS, the accurate recording, careful safeguarding and prompt retrieval of public records are vital functions to this office, without which efficient and responsive local government could not exist; and -'\ I \ I i~ [j [\ L...) 57 WHEREAS, Mun i ci pal Cl erksfo 11 ow a mandate to seek better and more effective ways to perform those critical responsibilities in light of the rapid technological advances of today's world; and WHEREAS, in keeping with this mandate, Municipal Clerks also are dedicated to continous professional education and training, in order to stay abreast of those.advances. NOW, THEREFORE, I, Rufus F. Stanley, Jr., as Mayor of the City of West University Place, do hereby designate the week of May 10-16,1981, as "MUNICIPAL CLERK'S WEEK" in the City of West University Place, Texas, and urge all citizens to join in recognition of the outstanding and vital services performed by Municipal Clerks, reflecting their dedication to public service for the community. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Official Seal of the City of West University Place to be affixed this 27th day of April, 1981. POLICE PATROL UNITS: Invoices submitted by Bob Robertson Chevrolet for del ivery of three police patrol units were presented for consideration as follows: Unit 102, $8,584.30; Unit 105, $8.584.30; and Unit 106, $8,457.25. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that invoices submitted by Bob Robertson Chevrolet for delivery of three police patrol units be approved for payment. Voting Aye: All Voting No: None ADOPTION OF 1976 EDITION OF FOOD SERVICE ORDINANCE AND CODE: Ordinance Number 1175 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 ADOPTING THE 1976 EDITION OF THE FOOD AND DRUG ADMINISTRATION "FOOD SERVICE SANITA- TION ORDINANCE"; PROVIDING FOR THE FILING OF THREE (3) COPIES IN THE OFFICE OF THE CITY SECRETARY; DELETING,. MODIFYING OR AMENDING CERTAIN PROVISIONS OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE. DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVER- SITY PLACE, TEXAS: Section 1. That the Code of Ordinances of the City of West Univer- sity Place, Texas, is hereby amended so that hereafter Section 12-14 shall read as follows: "Section 12-14. Food Service sanitation manual adopted. (a) The definitions, the inspection of food service establishments, the issuance, suspension and revocation of permits to operate food service establishments, the prohibiting of the sale of un- sound or mislabeled food or drink and the enforcement of this .~~~_.~- ~. I. '. '-,.~'J.lnt.~~ ..!:L.]'].LT.... '1 ;:rrll . L '-r-"-" . "1--1 '!:I~r--~ ...... -'11--'-' 'I I 58 ordinance shall be regulated in accordance with the 1976 edition of the Food and Drug Administration "Food Service Sani- tation Ordinance", three (3) copies of which shall be on file in the Offi ce of the City Secretary. (b) Sub~section (c) shall be added to Section 6-603 of the "Food Service Sanitation Ordinance" as follows: All garbage loading areas must be kept washed, cleaned and free of any odor caused by materials." :1 u Section 2. That the Code of Ordinances of the City of West University Place is hereby amended so that Section 21-21 is deleted in its entirety. Section 3. That the Code of Ordinances of the City of West University Place is hereby amended so that hereafter Section 12-22 shall read as follows: "Section 12-22. Training Course. (a) The owner of each food establishment shall designate the manager or operator and each shift supervisor to take and successfully pass a food handler's training course which is given by the City of Houston on a continuous basis. (b) A food handler1s certificate issued after completion of and successfully passing the food handler's training course shall be displayed in a prominent place on the premises. (c) If a person representing the food establishment has enrolled for such training c-ourse, the City Health Officer shall issue a temporary permit to such food establishment until such time as the applicant has passed such course, or has failed or refused to take the same when offered, or has taken the same and failed to make a passing grade thereon. o Section 4. That the Code of Ordinances of the City of West University Place is hereby amended so that hereafter Section 12-23 shall read as follows: "Section 12-23. Duration; renewal All permits issued under the provisions of this article shall expire one (1) year from the date of issuance. Renewals may be granted only if the applicant again passes an examination or food handler's course, as in the case of new permits." Section 5. That the Code of Ordinances of the City of West University Place is hereby amended so that hereafter Section 12-37 shall read as follows: "Secti on 12-37. Fee II Every applicant for a food establishment permit shall pay a permit fee I I in advance to the Board of Health of Fifty Dollars ($50.00) per annum. II U 59 u Section 6. That the Code of Ordinances f the City of West University Place, Texas is hereby amended so that h reafter-Section 12-38 shall read as follows: "Secti on 12-38. Issuance. The health officer shall, upon completion of his inyestigation of the premises, transmit to the Board of Health the appliration for a food establishment permit, together with his recommendat~on for or against the issuance of a license. If the Board of Health fhall be satisfied that the applicant is of good character and reputation, and that the premises where the food establishment is to be located are ptoper and suitable from a sanitary standpoint, they shall issue, or ca~se to be issued, a good establishment permit. Such permit shall be signed fY the City Health Officer and Inspector." Section 7. That the Code of Ordinances 'If the City of West University Place, Texas is hereby amended so that h reafter sub-section (e) shall be added to Section 12-43 and shall read s follows: "(e) Everyone who desires to remodel or alter any rea that is used for the dispensing, preparation or storage of food ~roducts, includ- ing necessary sanitation facilities, shall submit t~ the health of- ficer and/or health inspector any and all plans, bl,IJeprints or drawings for approval before such plans, blueprints or drawings shall be submitted to the Building Inspector for permits 0 do such re- modeling or alterations." [ Section 8. That the Code of Ordinances f the City of West University Place is hereby amended so that hereafte Section 12-44 is deleted in its entirety. Section 9. That the Code of Ordinances ,f the City of West University Place is hereby amended so that hereafte} Section 12-45 is deleted in its entirety. Section 10. That the Code of Ordinances of the City of West University Place is hereby amended so that hereafte Section 12-58 is deleted in its entirety. Section 11. That the Code of Ordinances of the City of West University Place is hereby amended so that hereafte Section 14-59 is deleted in its entirety. Section 12. That the Code of Ordinances of the City of West University Place is hereby amended so that hereafte Section 14-60 is deleted in its entirety. Section 13. This ordinance shall be in full force and effect immediately from and after its passage and approval by the Mayor. l' PASSED AND APPROVED thi sday- of , 1981. Motion by Commissioner Polichino, seconded by commiss~~er Jackson, that Ordinance Number 1175 be approved as read. ,_ _ " " 'WI,,! . L--1,_,.__L.li...lli.;L] ::l.....-~, "'.....,.... . J . J . 'J.I.~.tlLr.1.1..~' -~- .~ . -.-y-. , "W" .., L-:::r~l" ="~- 60 Discussion by members of the Commission established a need for a time period within which an establishment currently holding a permit could comply with the new provision requiring passage of a food handler's course and an effective date for the payment of the required permit fee. j Motion amended by Commissioner Lewis, seconded by Commissioner Forristall, that Sections l2-22(a) and l2~37 be amended to read: Section l2-22(a) The owner of each food establishment shall designate the manager or operator and each shift supervisor to take and successfully pass a food handler1s training course which-is given by the City of Houston on a continuous basis within three (3) months or upon expiration of their current permit whichever_is sooner. Section 12-37. Every applicant for a food establishment permit shall pay a permit fee in advance to the Board of Health of Fifty ($50.00) Dollars per annum. Such permit fee becomes applicable upon the expiration of the current permit. . Voting on amendment: Voting Aye: All Voting No: None Voting on motion: Voting Aye: All Voting No: None SWIMMING POOL REGl" ATTONS. Ordinance Number 1176 was presented to the Commission U'i:o-----' and read in full: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY THE ADDITION OF CER- TAIN PROVISIONS PROVIDING FOR THE INSPECTION AND LICENS.,. ING OF PUBLIC AND SEMI-PUBLIC SWIMMING POOLS; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that hereafter Section 21-74 is added and shall read as follows: "Section 21-74. Health Inspections of Pools (a) All public and semi-public swimming pools shall be inspected a minimum of once each month of usage. (b) All public and semi-public swimming pools shall be licensed by the City Health Department and shall pay a licensing fee of Twenty-five ($25.00) Dollars per annum and said license shall expire on the 1st day of May each year, and may bel ']1 issued for an unexpired portion of the year upon the pay- ment in advance of the annual ,fee. n n 61 (c) All public and semi-public swimming pools shall have the water therein tested once each month of usage by an approved testing laboratory and the results of said test shall be available to the inspector upon request.1I Secti on 2. That the Code of Ordi nances of the City of West University Place, Texas, is hereby amended so that hereafter Section 21-75 is added and shall read as follows: IISection 21-75. Penalty Any person violating any provlslon of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than $1.00 nor more than $200.00. Each day such violation occurs shall constitute a separate offense.1I Section 3. This ordinance shall be in full force and effect immediately from and after its passage and approval by the Mayor. PASSED AND APPROVED this ____ day of , 1 981. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that Ordinance Number 1176 be approved as read. Motion amended by COmmissioner Polichino, seconded by Commissioner Lewis, that the word lIentityll be inserted in Section 21-75 to provide for such section to read as follows: IIAny person or entity violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than $1.00 nor more than $200.00. Each day such violation occurs shall constitute a separate offense.1I Voting on amendment. Voting Aye: All Voting No: None Discussion by members of the Commission included a concern with regard to the manner and payment for the testing of water as provided in the ordinance. Motion by Commissioner Lewis, seconded by Commissioner Jackson, that consideration of Ordinance Number 1176 be tabled pending further research on statutes governing water testing and the proposed manner for such testing. Voti ng" Aye: Forristall, Jackson, Lewis, Polichino Voting No: Stanley BANK DEPOSITORY PROPOSALS: .The Commission was advised that bank depository proposals had been opened by a committee of staff personnel at 4:15 p.m. on Friday, April 20, 1981, with proposals being submitted only by the First National Bank of West University Place and Chemical Bank, and that there were no representatives from either bank in attendance at the meeting. Proposals had been analyzed by the Director of Finance and Director of Personnel/ Purchasing and the Assistant City Treasurer. Director of Finance Patrick O'Connor 62 advised the Commission that financial statements from each bank had been reviewed resulting in confidence that the financial conditions and policies of each bank were equal. Mr. O.Connor stated that the recommendation that Chemical Bank be designated as the city's depository was based on a'4% higher earnings than the proposal submitted by FNB of WUP. u , ,.' r' .. Mayor Stanley stated that in accordance with his previous announcement he would not participate in the discussion regarding the bank depository pro- posals inasmuch as he had minor financial holdings in one of the banks and requested that Mayor Pro-Tem Forristall continue the discussion. Motion by Commissioner Lewis, seconded by Commissioner Polichino, that Chemical Bank be designated as the city's depository for the next two years based on the recommendation of the Director of Finance. Commissioner Jackson advised that he had respect for the recommendation of the Finance Director-but thought other things should be considered such as the fact that First National Bank of West University is in the-business of making home improvement loans in the city and deserves the support of the city, and that most of the bank's holdings are among citizens of the city. Mr. Jackson further stated that inasmuch as there was no major difference in the two pro- posals it was his belief that the city's-money should be kept at home if at all possible. Commissioner Forristall stated that she agreed with Commissioner Lewis in accepting the recommendation of the Finance Director. Commissioner Polichino stated that he felt the same way that Commissioner 0 Jackson but did not feel that the First National Bank of West University has the personnel available and is not experienced enough and that he was fearful that city staff would have to train bank personnel without enough expertise to serve as city depository. Voting Aye: Forristall, Lewis Polichino Voting No: Jackson LEGAL MATTERS: In response to questions from Commissioner Forristall, City Attorney David Allums advised that he had not had an opportunity to respond to inquiries regarding cutting back of tree limbs and hedges or the ability of the city to close an exit onto Nottingham from the Triangle Industries parking lot. CONCERNS OF THE CITY COMMISSION: Commissioner Forristall encouraged members of the Commission to attend a meeting of TML Region 14 to be held on Saturday, May 2, 1981, at the Golfcrest Country Club in Pearl and where TML Director Dick Brown will discuss the Texas Legislative Program for 1981. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that con- sideration of the appointment of an additional member of the Communications Committee which was deferred-from the last regular meeting of the City Commission be brought from the table. Voting Aye: All Voting No: None u [J n 63 The Commission was advised that members of the Communications Committee were functioning quiet well with its present number and appointment of an additional member was not necessary.' Motion by Commissioner Polichino,seconded by Commissioner Lewis, that the size, of the Communications Committee not be increased. Voting Aye: All Voting No: None Mayor Stanley presented Commissioner Forristall with a list of Commissioners and the volunteer boards and committees to which they had been assigned as liaison. Commissioner Forristall was advised that work had been commenced on the organiza- tion of a telephone committee to call residents and ask that they attend the Towne Hall meeting. Commissioner Forristall advised the City Manager that she had received a call from a resident in the College Court area regarding changing the flashing light at Bissonnet and Academy to a traffic light and the replacing of the cyclone fence at Judson Park and installation of "No Dogs" signs. Commissioner Polichino was advised that Houston Power & Lighting Company had advised that they had no responsibility for the collapse of the air structure at the swimming pool inasmuch as it was a result of a failure of a phase of a transformer and beyond their control. City Attorney David Allums suggested that ifHL&P continued to deny liability an investigation could be made into liability of the manufacturer of the transformer. Mayor Stanley advised that a proposed flyer had been received from the Recycling Committee with a request that members of the Commission express their comments. This item is to be on the agenda for the City Commission workshop meeting on Monday, May 4th and the Chairman of the Recyclying Committee invited to attend. Mayor Stanley requested that members of the Commission review a press release prepared by the Communications Committee and call the Chairman, Liz Lancaster, within the next couple of days. Mayor Stanley advised that the purpose of the May 27th public hearing is to hear the public on a recommendation to the City Commission by a committee composed of members of the Zoning and Planning Commission and the City Commission prior to such recommendation being considered by the City Commission. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on April 13,1981, were presented for consideration. Motion by Commissioner Polichino, seconded by Commissioner Forristall, that minutes of the regular meeting of the City Commission on April 13,1981, be approved as submitted. Voting Aye: All Voting No: None ADJOURNMENT: With no further business to come before the Commission at this time, '- .ili........-.. .'! .....:_.:.L_:..L..l:..li.Lll:LLL ..I J, d;:1:r,,:T".__.:l '.. _. .." ",.Ir~u .. ~l- ..1,',:1:...1:1.. ~' ~._.- L'I'I"I' , .:::JI'lf.I'T""" , . -L-...L: "" '64 :_1.....--.;:.."'.,.' upon motion duly made, seconded and carried, the meeting adjourned at 9:50 p.m. ATTEST: k c:K~ City Secretary fP~ Mayor n o u B ~ 65 CITY COMMISSION SPECIAL MEETING May 1,1981 The City Commission convened in special session at the City Hall on Friday, May 1, 1981, 10:00 a.m., with the following members present: Mayor Stanley, presiding, Commissioners Forristall and Jackson. The City Manager was also pre- sent. The Commission was advised that the purpose of the special meeting was to con- sider a statement of intent to change rates filed by Entex, Inc. Representa- tives of Entex, Inc. in attendance at the meeting were Mr. A. L. Monfort, Dis- trict Representative, Mr. Boyett of the Rate Department and Mr. Washburn of the Legal Department. Mr. Monfort advised the Commission that the over-all increase being requested was 3!% for residential customers in West University Place which would result in an approximate 90~ per month increase per residence. Mr. Monfort noted that the increase request had been approved by the City of Houston and eleven (11) municipalities within the District, with only the City of Hilshire Village suspending action on the increase. The Commission was advised that Entex had been granted rate increases on May 23, 1980 and July 21, 1978, and that with the increase in cost for gas and other in- flation related items it was anticipated that an additional increase would be forthcoming. Mayor Stanley expressed appreciation on behalf of the City Commission to repre- sentatives of Entex and advised that the Commissionwou1d make a decision and so advise prior to the end of the day. Discussion by members of the Commission included that suspension of the rate in- crease for a period of one....hundred twenty days would result in q. savings for re- sidents of approximately $3.60 and to the city of approximately $16.00. Also considered was possible action by Entex to appeal action by the Commission to suspend the rate increase before the Railroad Commission. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that the City of West University Place take no action to suspend the rate increase re- quested by Entex, Inc. 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. ATTEST: ~ ~CL1~- City Secretary ",.,-..... ". . - . 'C"Il'l"r_'. . ..::JIlIII"""" l j""" - T' '.,....,,--rr -'r' ~-:-- ~ -. I I I I , 6-6 REGULAR CITY COMMISSION MEETING fY1ay 11, 1981 u The City Commission convened in regular session at the City Hall on Monday, May 11, 1981~ 7:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. Commissioner Forristall requested those in attendance to join in the Pledge of A 11 egi ance. HEARING OF RESIDENTS: Mr. Richard M. Page, Jr., 3708 Wroxton Road, asked members of the Commission how cost for sewage disposal had been arrived at. Mayor Stanley advised Mr. Page that the current City Commission lowered rates for water soon after taking office, with garbage fees remaining the same and sewer rates determined necessary to pay the cost of the collection system. In response to Mr. Page's observation that sewer charges should not be assessed for water used to water lawns and other uses not involving the sewer collection system, Mayor Stanley and Commissioner Lewis explained that such usage was considered when the sewer rates were established. . Mr. Orin Anderson, 3130 University Boulevard, recalled his presentation at the previous regular meeting of the Commission of a request that members of the Police Department be granted a twenty-five (25%) percent salary increase. Mr. Anderson noted that a recent edition of the Suburbia-Reporter indicated that the Police Department had demanded a twenty-five (25%) percent increase which was not correct and that he had requested the publisher of the paper to print a retraction of such story. Mr. Anderson again asked what was going to be done C about salary increases for members of the Police Department. Mayor Stanley advised that the Commission was now considering salary increases for all employees noting that an across the board increase was being considered for all employees with additional funds being provided for merit increases. Mayor Stanley again reminded Mr. Anderson that constraints of the 1981 budget had to be considered and requested that the Commission be given additional ti~~ to complete its study prior to any public announcement. - ST. GEORGE ORTHODOX CHURCH: Dr. William Attra, President of the Board of St. George Orthodox Church, appeared before the Commission in connection with additions and alterations being made at the church. Dr. Attra stated that this was his fourth appearance before a board, committee or the City Commission in conjunction with the church project believing each time that any problems had been worked out. Dr. Attra stated that a brick fence was being planned on the north side of the building facing Bissonnet to provide a screen for the kitchen facilities of the church, garbage cans, etc. and that Building Inspector Wayne Perry had advised that such construction would be in violation of the city's fence ordinance inasmuch as the lot was dedicated to front on Bissonnet and such construction would be in front of the main buil~ing on the lot. Dr. Attra stated that a loan commitment to the church was in jeopardy unless the building project was completed by a mid-June deadline. Following a U general discussion by members of the Commission regarding the necessity of amending the fence ordinance to permit a change in its provisions and the u n Li 67, possibility of the Zoning and Planning Commission changing the dedication of the lot to front on Mercer rather than Bissonnet, Dr.. Attra waS advised that the Commission would include this item on its workshop agenda for Saturday, May 16th unless it was resolved by the Zoning and Planning Com- mission. UTILITY BILLING FORMS: In accordance with previous action of the City Commission, bids received for delivery of 60,000 utility billing forms were opened and re- sults announced as follows: - Automated Business Forms Continental Forms, Inc. Formcraft, Inc. Metro-Forms Moore Business Forms NCR Corporation $32.92 per thousand 23.67 per thousand 37.20 per thousand 16.64 per thousand 37.16 per thousand 22.08 per thousand Motion by Commissioner Polichino, seconded by Commissioner Jackson, that bids received for delivery of 60,000 utility billing forms be studied by the cityls Purchasing Director and City Manager and a recommendation for purchase pre- sented to the City Commission. Voting Aye: All Voting No: None HOUSE TRAILER LOCATED AT SANITARY I ANOFTII STTF. In accordance with previous action of the City Commission, bids received for the purchase of a mobile home located at the sanitary landfill site were opened and results announced as follows: Bell IS Mobile Home Sales Roger R. Hill $ 3,268.50 2,555.50 Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the ',< City Commi ssi on accept the proposal submitted by Belli s Mobile Home Sales for thepurchaseofa mobile home ona "whereis", "asis" basis for the total bid price of $3,268.50. Voting Aye: All Voting No: None DIVING BOARDS AND FRAMES: An invoice in the amount of $4,155.00 received from Per- senaire.Park & Playground Products for delivery of two (2) one meter diving boards and frames was presented for consideration. . Motion by Commissioner Jackson, seconded by Commissioner Polichino, that the City Commission approve payment to Persenaire Park and Playground Products in the amount of $4,155.00 for delivery of two (2) one meter diving boards and frames. Voting Aye: All Voting No: None 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 Judges and Prosecutor for the Municipal Court. .....T.r.1:.T-~......, . '1-==.... .----.----~ 68 Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Michael Schneider and Terry Collins be re-appointed Associate Municipal Court Judges and Thomas Taylor be re-appointed Associate Municipal Court Prosecutor. Voting Aye: All Voting No: None INSPECTION AND LICENSING OF PUBLIC AND SEMI-PUBLIC SWIMMING POOLS: In accordance with i nstructi onsofthe City Cbmmi ssi on, testi ng of water in pub 1 i c and semi- public swimming pools had been clarified and Ordinance Number 1]76 presented and read in full: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY THE ADDITION OF CER- TAIN PROVISIONS PROVIDING FOR THE INSPECTION AND LICENSING. OF PUBLIC AND SEMI-PUBLIC SWIMMING POOLS; AND PROVIDING AN PENALTY AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNI- VERSITY PLACE~ TEXAS: Section 1. That the Code of Ordinances of the City of West University Place is hereby amended so that hereafter Section 21-74 is added and shall read as follows: "Section 21-74. Health Inspections of Pools' r All public and semi-public swimming pools shall be properly maintained throughout all times of use and shall be inspected at least once each month of usage. (b) All public and semi~public swimming pools shall be licensed by the City Health Department and shall pay a licensing fee of Twenty-Five ($25.00) DoTlars per annum -and said license shall expire on the 1st day of May each year, and maybe issued for an unexpired portion of the year upon payment in advance of the annual fee. (a) (c) All public and semi-public swimming pools shall maintain a water pH between 7.2 to 7.8; shall maintain a free chlorine residual of 1.0 ppm to 0.5 ppm (ppm = parts per million); shall .be kept in a sanitary condition, free of algae, dirt~ oil and litter; shall maintain the water in a reasonably clear state; and shall be kept free of glass and glass containers. (d) All public and semi-public swimming pools that are not in use shall keep water clear enough to see to the bottom; or shall be drained." Section 2. That the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that hereafter Section 21-75 is added and shall read as follows: r n D u n II L...-1 69 "Section 21.75. Penalty Any person violating any provisions of this ordinarice shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than $1.00 nor more than $200.00. Each day such violation occurs shall constitute a separate offense. II Sec ti on 3. Th is ord i nance s ha 11 be in full force and effect immediately froin and after its passage and approval by the Mayor. PASSED AND APPROVED this day of , 1 981 . Motion by Commissioner Lewis, seconded by Commissioner Polichino, that Ordinance Number 1176 be removed from the table for re-consideration. Voting Aye: All Voting No: None Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Ordi- nance Number 1176 be approved as read. Voting Aye: All Voting No: None BOARD AND COMMITTEE MEETING MINUTES: Minutes of the meetings of the following board and committees were presented to the Commission for their information: Electrical Board meeting on April 27, 1981 Zoning and Planning Commission meeting on April 9, 1981 Zoning Board of Adjustment meeting on April 22, 1981 CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on April 23, 1981 and a special meeting on May 1,1981, were presented for consideration. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that minutes of the regular meeting of the City Commission on April 23, 1981 and a special meeting on May 1,1981, be approved as submitted. Voting Aye: All Voting No: None CONCERNS OF THE CITY COMMISSION: Commissioner Forristall advised that she had received a suggestion from a number of residents that the parking area on the north side of the Community Building be striped in order to provide maximum parking spaces. Commissioner Forristall stated that inasmuch as Mayor Stanley had proclaimed the week of May 10/16 as Municipal Clerk's Week she would like to recognize the efforts of the city's Municipal Clerk. Commissioner Polichino requested that the City Manager meet with the Director of Community Services to determine that life guards at the swimming pool are being properly trained and how many guards are to be on duty when swimmers are using the pool. Commissioner Polichino noted that he ad received com- plaints regarding foul language. z._ j'~.._-'-". L1.."'-'....._ ..:....,. .- -, ,":.l'~.L.:r..l.l. "'.,.,....,'--.''',---.---,--,-----,-,.--- - .. , :::::I. . . Ir':IT"" .....,... - -~ .~, .~..,...p . I l~--' ~n 70 Commissioner Jackson noted that the first citywide Towne Hall meeting was scheduled for Monday, May 18th at the Community Building expressing a hope that the affair would, be well attended. LEGAL MATTERS: City Attorney David Allums advised the Commission to expect telephone calls regarding the chlorine content of the swimming pool inasmuch as this is an annual complaint of some residents. STAFF MATTERS: City Manager Dick Rockenbaugh was advised that-a notice regarding the planned auction of obsolete city equipment be added to the City Currents and the current issue printed for mailing. City Manager Dick Rockenbaugh determined that each member of the Commission had been furnished a copy of the budget calendar prepared by Finance Director Patrick O.Connor and requested that members of the Commission mark planned vacation dates, etc. on such calendar and bring to the workshop meeting on Saturday in order that a comparison might be made. 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. Kf~ ATTEST: ~~~ City Secretary r Il u o u 71 REGULAR CITY COMMISSION MEETING May 25, 1981 The City Commission convened in regular session at the City Hall on Monday, May 25, 1981, 7:30 p.m., with the following members present: Mayor Stanley, pre- siding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. Commissioner Jackson requested those in attendance to join in the Pledge of All egi ance. HEARING OF RESIDENTS: Following his ascertainment that there were no residents in attendance at the meeting wishing to address the Commission, Mayor Stanley introduced members of his family, Mr. and Mrs. Rufus Stanley of Brownwood and Mrs. Mary Ann Stanley of West University Place. UTILITY BILLING FORMS: The Commission was advised that bids received for delivery of 60,000 uti lity hi 11 i ng forms had been revi ewed by Director of Purchasi ng Patt Lilly and Finance Director Patrick OrConnor and that it was their recom- mendation that the low bid of $16-.,64 per 1,000 forms submitted by Metro Forms be accepted. Motion by Commissioner Polichino, seconded by Commissioner Jackson, that the bid submitted by Metro Forms for delivery of 60,000 utility billing forms for a total price of $998.40 be accepted. Voting Aye: All Voting No: None PARKS AND RECREATION MONTH: Mayor Stanley read the following Proclamation designat- ing the month of June as Parks and Recreation Month: WHEREAS, our city's greatest asset is the welfare and health of its people; and WHEREAS, 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, of all ages, are urged to use the city parks and take advantage of its recreational programs. NOW, THEREFORE, I, Rufus F. Stanley, Jr., by vi rtue 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, 1981, as PARKS AND RECREATION MONTH in the City of West University Place, Texas, and urge all citizens to support all parks andrecreationa 1 activities. 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 25th day of May, 1981. ~', . '''''l:lI.::J:l'I'~-'''. .,., . .. ....."...' ..~-T~,--,-'- -',----"l..:...-:;J"""'"'''''''-''''' <,. 72 SCOTT AIR PACKS: The Commission was presented an invoice in the amount of $2,085.00 submitted by Fire Protection Service for delivery of three (3) air packs. Motion by Commissioner Polichino, seconded by Commissioner Jackson, that Fire Protection Service be paid the sum of $2,085.00 for delivery of three (3) air packs. Voting Aye: All Voting No: None Mayor Stanley commended Fire Chief Wilcher and members of the Fire Department for conducting a firefighters' school. Commissioner Jackson expressed his appreciation to members of the Fire Depart- ment for their help in carrying the Dixie Land Band around town prior to the Towne Hall meeting. COpy MACHINE FOR LIBRARY: The Commission was advised that the copy machine at the Library was in need of replacement and a request was presented to advertise for bids on a twelve-month rental agreement for another machine. Motion by Commissioner Forristall, seconded by Commissioner Polichino, that the City Manager be authorized to advertise for bids for rental/purchase of a new copier for use at the Library. Voting Aye: All Voting No: None , ~_"_'"_"_M'_ ".-"'" I I n CITY AUCTION: The Commission was advised that arrangements had been completed for 0 an auction on June 12, 1981, 1:00 p.m. for the sale of surplus city equipment. Following a review oLthe list of items to be included in the sale, members :. of the Commission requested that efforts be made to publicize the auction for the benefit of residents. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that the City Manager be authorized to hold an auction for the sale of surplus city equipment. Voting Aye: All Voting No: None STANDARDIZED HOUSE NUMBERS AND SMOKE DETFCTORS. The Commission was advised that this item had been placed on the agenda at the request of the Fire Chief to provide assistance in providing emergency assistance^'to residents. Chief Wilcher advised the Commission that it was difficult to locate residences without numbers especially at night and that it was his recommendation that numbers no smaller than 2i-1I high be located as near the front door of each residence as possible that would be visible from the street. Motion by Commissioner Forristall, that an orqinancebe-prepared requiring the placing of house numbers on all hous~) within a reasonable distance of the front door with numbers to be no smaller than 2i-1I high. Motion died for lack of a second. w 73 Motion by Commissioner Forristall, seconded by Mayor Stanley, that an ordinance be prepared to require smoke detectors be installed in all houses requesting a permit for remodeling. Voting Aye: Forristall Stanley Voting No: Jackson Lewis Polichino Motion by Commissioner Polichino, seconded by Commissioner Forristall, that the City Commission proceed with a publicity campaign through the Communications Committee with a written feedback from the community. Voting Aye: All Voting No: None RESOLUTION NUMBER 81-26: Discussion Oil this item was deferred inasmuch as con- firmation had not been received from a resident agreeable to being nominated to the Harris County Appraisal District. INVOICE FOR STREET DIVIS I N i nvoi ce in the amount of Inc. for delivery of one the Street Division. The Commission was presented an submitted, by Port City Ford Truck Sales, Ford F-600 cab and chassis for use in Motion by Commissioner Jackson, seconded by Commissioner Polichino, that the City Commission authorize payment to_ Port City Ford Truck Sales, Inc. in the amount of $10,547.88 for delivery of a 1981 cab and chassis. Voting Aye: All Voting No: None BURGLARY PREVENTION MONTH: Mayor Stanley presented the following Proclamation designating the month of June as Burglary Prevention Month: WHEREAS, burglary as a leading major crime across the nation is exceeded only by larceny/theft in terms of number of violations, and only by motor vehicle theft in terms of resultant property loss; and WHEREAS, burglary too frequently results' in the injury to or death of the victim; and WHEREAS, the success of burglary prevention and detection is dependent upon the active participation of an aroused and involved public. NOW, THEREFORE, I, Rufus F. Stanley, Jr., 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, 1981, as BURGLARY PREVENTION MONTH in the City of West University Place, Texas, and urge all citizens to aid and assist their Police Department, and do all else possible, to prevent, detect, and report the crime of burglary. - . 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 25th day of May, 1981. .::11. '--r.....-.... ,'n=,,, 'T" I~I~ ~-~~ -r 74 The Commission was advised that the House Watch program sponsored by the Police Department was still well received and used by residents. Jill It was suggested that publicity again be given to the value of using the engraver available at the City Hall to put identification numbers on items ~ I that might possibly be stolen. . L-J BOARD AND COMMITTEE MEETING MINUTES: Minutes of the regular meeting of the Parks and Recreation Board on May 14,1981, were presented to the Commission for their information. ' LEGAL MATTERS: City Attorney David Allums advised the Commission that he had no legal matters for consideration at this time. CONCERNS OF THE CITY COMMISSION: Commissioner Polichino expressed a concern regarding traffic control around the city's parks, noting that parks signs should be erected together with "Slow Down, Children ,At Play" signs. Commissioner Polichino stated that he wante~ to compliment the Fire Department on behalf of his wife, Jean for their response to her callfor.aid,.toan elderly citizen who suffered a massive stroke. . ,,- Commissioner Forristalladvised members of the Commission that she had received a notice from H-GAC regarding a meeting to be held on June 16th to elect a representative to the Board and an alternate as a result of vacancies created by the last municipal elections. Commissioner Forristall was advised that further information would be developed on a bulletin board to be put at the Community Building. [J Commissioner Forristall commended City Manager Dick Rockenbaugh and Com- munity Services Director Tom Carson for completion of the striping on the Community Building parking area. . Commissioner Forristall requested that names of those persons serving as an Ad Hoc Committee on Traffic be listed in the minutes as reference for anyone wishing to contact them. Eugene McFaddin Janet Redeker W. H. Register Pat Kramberg Howard Marshall R. E. Dillon Bi 11 Swanson 2634 Amherst 4139 Southwestern 2903 Carolina Way 2910 Sunset 2931 Amherst 2704 Nottingham 2612 Fenwood City Manager Dick Rockenbaugh and Police Chief Frank Robinson serve as Ex- Officio members of the Committee and Mr. John Hudson, Traffic Engineers, Inc. is the Committee's resource member. Mayor Stanley read the following notice prepared by the Finance Director for inclusion in current water bills: Il REMINDER - WATCH YOUR WATER USE THIS :J SUMMER! Ill, i" UI 75 As you are probably aware, the city's monthly charge for garbage was increased in January from 4 to 8 Dollars. The water/sewer rates were increased in February from a combined rate of $7.00 minimum on 3,000 gallons plus 75ft for each additional 1 ,000 gallons per month, to a combined rate of $6.50 minimum for 3,000 gallons plus $1.42 for each additional 1,000 gallons per month. These increases in your water, sewer and garbage rates were mandated by ordinances supporting the 1981 Fiscal Year Budget which was approved last August after public hearings. The garbage rate was increas-ed to cover the operating ex- penses of the Garbage Department budget (1981 = $540,000). The water and sewer rates were increased to cover the Water, Sewer and Sewage Treatment Plant operating expense budgets (1981 = $747,250) and capital outlay plans for up to $250,000 in 1981. These rate increases were widely advertised in July and August of 1980 as budget proposals, and again in December, 1980 and January,- 1981 as the ordinances were publicized by notice, newspaper accounts, and in the City Currents. We know that your own household budgets are affected by these rate in- creases and so we wish to remind yOU of the effects that the rates can have on your bills depending upon how much water you use -each month~ especially during the Summer. Also included in the notice is a schedule itemizing new rates, old rates and the amount of the increase. Motion by Commissioner Forristall, seconded by Commissioner Polichino, that the notice on increased rates by included with the final May billing cycle. Voting Aye: Forristall Polichino Voting No: Jackson Lewis Stanley Commissioner Lewis advised members of the Commiss-ion that if each person had to explain Memorial Day and its meaning to a six-year old perhaps there would never be a need for a Memorial Day for other wars. Commissioner Jackson advised that members of the Communications Committee plan to critique the Towne Hall meeting and have tenatively set the date of August 31, for the date of the second such meeting. Mayor Stanley advised that SB 951 C'pot hole") bill was still in Committee and members of the Commission and citizens should contact their Representatives inas- much as the city could gain as much as $5,300 for its street improvement program from such bill. Mayor Stanley reviewed his proposal for conduct of the Public Hearing on Wednes- day for members of the Commission. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that specifica- tions prepared on the mobile home located at the sanitary landfill had listed a 1972 model whereas it was a 1971 model. The high bidder agreed to purchase the mobile home for a new bid price of $3,088.50 rather than the bid price of $3,268.50. The sale has been completed and the mobile home has been removed from the landfill site. L_ .J...lli.........L'--.L..o~.___--L ___LL...."-j_.~,. .. -. ... ,_. " - .: ,....,:r..."r:~~n--- ,~_. ........ . ~'r .,...,. "T I---'-""!".' " , ~ 76 Mr. Rockenbaugh reported - that as a resul t of softba 11 games between the City of West University Public Safety employees and City of Bellaire Public Safety em- ployees the city regained title to the trophy. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on May 11, 1981, were submitted for consideration. u Motion by Commissioner Jackson, seconded by Commissioner Polichino, that minutes of the regular meeting of the City Commission on May 11,1981, be approved as submitted. Voting Aye: All Voting No: None 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: ~ u ;fLLa~ Cit Secretary ~w - ., Mayor o .' u n o ,------" i . I I ,,------I 77 PUBLIC HEARING CITY COMMISSION AND ZONING AND PLANNING COMMISSION May 27, 1981 The City Commission of the City of West University Place and the Zoning and Planning Commission of the City of West University Place convened at 7:30 p.m., at the Com- munity Building, for the purpose of holding a Public Hearing called for this date, with the following members present: Mayor Stanley, presiding; Commissioners Forris- tall, Jackson and Polichinb. The City Attorney and City Manager were also present. Commissionerlewis was out of the city. Zoning and Planning Commission Chairman Casey, Members Abell, Adkins, Farrell and Norton. Mayor Stanley advised those in attendance that members of the Zoning Board of Adjust- ment had been invited to participate in the meeting inasmuch as they participated in the study of the Zoning Ordinance as a part of an Ad Hoc Committee. Mayor Stanley introduced Mr. Dan Doughty who was formerly Chairman of the Zoning Board of Adjust- ment and a member of the Ad Hoc Committee. Mayor Stanley stated that he welcomed those who had come to the meeting, noting that the proposals to be considered had been presented to the City Commission by an Ad Hoc Committee consisting of the Chairmen of the Zoning and Planning Commission and Zoning Board of Adjustment and the Building Inspector thereby making it the obliga- tion of the City Comm,;ssion to hold a public hearing to permit residents to express their views regarding the recommendations. Mayor Stanley outlined options available to the Commission as being the acceptance or rejection in whole or part, the proposals. Mayor Stanley advised those present that the City Commission was not presenting the proposals as those of the Commission and no action on the proposals would be taken at this time. Mayor Stanley introduced staff members in attendance at the meeting, City Attorney David Allums, City Manager Dick Rockenbaugh and City Secretary Lee Lockard. Members of the City Commission introduced themselves giving the location of their residence in the city, followed by members of the Zoning and Planning Commission and the Zoning Board of Adjustment. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the Public Hearing be opened. Voting Aye: All Voting No: None Motion by Mr. Abell, seconded by Mr. Farrell, that the Public Hearing be opened. Voting Aye: All Voting No: None Mayor Stanley advised that it was his intention to divide the list of proposals in half reviewing the first half and permitting those wishing to speak to do so, and then to cover the second half of the proposals. Mayor Stanley ascertained-from the City Secretary that all procedure requirements of Zoning Ordinance No. 111 in connection with the Public Hearing had been complied with and that legal notice was published in the Houston Chronicle on Monday, May 11, 1981, with an Affidavit of Publication on file. ..., !..T~_ ._.,..~n-- ---.l ~L.:::"--:~ I~~~ =,,......,..-.. .- - ~~ 78_ Mayor Stanley ascertained from the City Attorney that all legal requirements in con- nection with the public hearing had been complied with and was advised that upon instruction of the City Commission an ordinance was prepared calling a joint PUbliC~ I hearing of the City Commission and Zoning and Planning Commission, with Ordinance : Number 1172 being passed and approved by the City Commission on March 23,1981, to I set the public hearing. \ - - In response to a request by Mayor Stanley, Chairman Casey stated that in June, 1979, members of the Zoning and Planning Commission and Zoning Board of Adjustment re- ceived a letter from the City Commission setting forth certain areas of the Zoning Ordinance that presented problems for the Building Inspector. Chairman noted changes that had occurred since the adoption of the Zoning Ordinance in 1937 and stated that it was the desire and intent of the Committee to provide open areas, strengthen the single family concept and to permit property owners to use their property to the fullest use possible without adding to the problems of their neighbors. Chairman Billings explained that the function of the Zoning Board of Adjustment is to be a sounding board for citizens when they have a problem with what they want to do with their property and inasmuch as the Board had heard many of the same problems many times the purpose of the study was to try to eliminate as many of the problems as possible. Mayor Stanley administered the Oath to all persons in attendande/~esiring to speak for or against the first eleven (11) proposals. Mayor Stanley reviewed proposed definitions for "Accessory Buildings", "Rear Yard" and "Front Yard". Mr. Randy Riddell, 4141 Tennyson, requested that consideration be given to the word-D I, ing, "attached to the main building or structure occupying the lots" in order to \ accomplish the same intent with different wording. Mr. Bill Marshall, 3805 Swarthmore, was advised by Chairman Casey, that the defini- tions were proposed to allow citizens to use garages for any purpose they wished other than a place for someone to live and that repair and remodeling of existing garage apartments had been addressed in other provisions of the ordinance. Mrs. Rose Keeper, 2704 Barbara Lane, asked if the purpose of the proposed changes was to prohibit rental of garage apartments. Mr. T. H. Norman, 6648 Buffalo Speedway, stated that he believed no changes should be made in the ordinance regarding present structures. Mr. James Allison, 3120 Rice Boulevard, was advised by Chairman Casey that there were no provisions to prevent an individual from using part or all of an existing garage as a game room, and that proposal #9 was an addition to define non-living area. Chairman Billings stated that it was not the intent of the committee to affect pre- sent buildings and that primary concern was future construction in West University. Chairman Casey noted that consideration had previously been given to garage apart- ments that exist in the city by members of the Zoning and Planning Commission at a In meeting attended by only a few residents. ~ 1 r . LI I I I i ~- 79 Mr. Robert Higley, 3004 Rice Boulevard, quoted the headlines appearing in the May 20th issue of the Suburbia-Reporter, "Ban on garage apartments proposed" and added that he would encourage the use of buildings outside the main dwellings be discontinued. In response to a statement by Mr. Shaw, 3607 Georgetown, that riff-raff be run out of West University, Mr. Norton stated that the purpose of the proposals were to clarify and improvement the ordinance and not who rents but the purpose for which such space is used and the impact it will have on neighbors. Mr. Lamotte, 2739 Barbara Lane, stated that he was in opposition to the wording of Section 1 and Section 9. Mr. Gene Hines, 3748 Rice Boulevard, stated his objection to the definition of "front yard". Mr. Thomas Barber, 6312 Westchester, stated that flexibility was needed in the wording inasmuch as you have to chop 20' off the rear of a laO' lot you are not left much to work with. Mr. Ali Alkaaoud, 3123 University, stated there were a number of persons who planned remodeling and would be seriously affected by the side and rear setbacks proposed and was advised by Mr. Billings that the problem encountered was deter- mining where the rear yard was, measured from the property line or batkof the house. Mr. R. A. Kerr, 6312 Rutgers, was advised by Mr. Casey that Section 5 dealt with the question of corner lots. Mr. Robert Kendrick, 6324 Rutgers, stated there was a lack of clarification regard- ing side lots and prohibiting people from renting any portion of their property was trying to be overly restrictive.. Mayor Stanley reviewed Proposal #4 defining height. Mr. Michael Talianchick, 3825 Arnold, stated that from 7' to 9' would be lost under the new proposal from grade to ridge height. Mr. Talianchick agreed to furnish Mayor Stanley copies of diagrams he had prepared. Mr. Charles R. Riddell, 4141 Tennyson, stated that he was a structural engineer by profession and he thought the proposal regarding height very easy to follow. Mayor Stanley reviewed Proposal #5 defining a corner lot. Mr. Bill Marshall, 3805 Swarthmore, was advised by Mayor Stanley that a determina- tion had not been made regarding lots that dead-end into Southside Place. Mr. Robert Higley, 3004 Rice, was advised that there could be no descriptton of the width of a particular lot because widths of lots were determined when the particular sub-division of the city had been platted. Mayor Stanley reviewed Proposal #6 defining open space. Mr. Robert Higley, 3004 Rice Boulevard, stated that he would not like to see any- thing done to encourage people to use the city as a temporary place to live and that the entire city should be restricted to single family residences. - ~-.- __.._~~----L ;; _i ""~r::-:--I . 'J',,-:- ,: L .,.,~~:1.1I,:r::tL., . d~~l~:J....J.. ""Jr- --II'" ---T "r=p ""' I :r::r-T"""T1'.,.....--,-" ...----- '" 80 Mayor Stanley reviewed Proposal #7 defining private garage. Mr. Charles Riddell, 4141 Tennyson, stated that he thought how garages are used should be the decision of the property owner. Mrs. Rosemary Minard, 2639 Pemberton, stated that she was concerned about the economic welfare of the city with so many restrictions and asked how restrictions would be enforced. Mr. Frederick Minard, 2639 Pemberton, asked if the intent of the proposal was to get rid of undesirables living in the city. Mr. James Teeter, 3708 Albans Road, stated that he could not see what all the fuss was about, noting that it is up to the property owner to whom they rent garage apartments and adjacent property owners have their own recourse under law. J Mrs. Fougerat stated that garage apartments were not considered in the proposals and that the committee was merely trying to define back living area and setbacks for the rear yard. Mr. James Dennis, 2721 Arbuckle, stated that those in attendance should have been advised that the proposals were with regard to future construction. Mayor Stanley reviewed Proposal #8 defining carport. Mayor Stanley reviewed Proposal #9 defining non-living area. Mr. Charles R. Riddell, 4141 Tennyson"stated that there was ambiguity in the 01 definition of accessory building and also ambiguity in trying to describe living and non-living area in the same paragraph. Mr. Casey stated that it was not the intention of the committee in reviewing the ordinance to address the problem of garage apartments but to prohibit future garage apartments from being built. Mr. Casey further stated that the Building Inspector has asked for a definition of "tear-down" and "re-build". Mr. Bill Marshall, 3805 Swarthmore, complimented members of the committee for a job which had long been overdue noting that absolute definitions were impossible. Mayor Stanley reviewed Proposal #10 defining structure. Mr. Gene Hines, 3748 Rice Boulevard, was advised that structure included anything other than plants, shrubs, trees and other living vegetation. Mayor Stanley reviewed Proposal #11 which defined front porch. Mr. Charles R. Riddell asked, ~what does non-contiguous perimeter" look like? Mr. Riddell stated further that he was concerned about the wording used andsug- gested that vertical supports be limited to 10% of the porch. - Mayor Stanley announced a short break before continuing the public hearing for consideration of Proposals 12 through 21. . Mayor Stanley reviewed Proposal #12 accessory buildings. u 81 Mr. Wallace, 3922 Marquette, directed attention to the number of people building high structures at the back of their lot thereby imposing a burden on those resi- dents living behind them since there is no way to screen a two-story structure from view. Mr. Robert Higley, 3004 Rice Boulevard, expressed his appreciation to the Com- mission for efforts made to refurbish the zoning ordinance. Mr. Gene Hines, 3748 Rice Boulevafd, suggested that consideration be given to the last sentence of the proposed definition, "This said ten feet (10.) shall be open space, except for dri veways not to exceed ei ghteen feet (18 I) in wi dth. II Noting that a three car garage may be constructed on any single family lot. Mr. Charles R. Riddell, 4141 Tennyson, suggested that attention be directed to the provision height provision inasmuch as written it will not preclude construction of new garage apartments. Mr. Barnett, 3920 Milton, stated that a large percentage of homes in the city are constructed on 501 x 1001 lots and he thought the provisions too restrictive. Mr. Peterson, 4115 Southwestern, stated that he was in agreement with what was trying to be accomplished and suggested that consideration be given to location of windows on the rear of building construction. Mr. Tom Beard, 5919 Fordham, stated that he thought the 51 setback on garages or accessory buildings was too restrictive on 50. x 1001 lots. ("\ f I Mayor Stanley reviewed Proposal #13 front yard. I I L1 Mayor Stanley reviewed Proposal #14 rear yard. Mr. Charles Riddell, 4141 Tennyson, stated that he thought this provision would encourage the construction of decks which were a breeding place for rats and that it was his thought that the city should be concerned about rat control. Mr. Bob Kendrick, 6324 Rutgers, stated that he thought that consideration should be given to total lot coverage. Mr. Collovati, 5624 Community, was advised by Mr. Casey that townhouse construction was governed by an amendment to the zoning ordinance designating certain areas for such construction and had their own set of restrictions. Mayor Stanley reviewed Proposal #15 distance from property lines. Mr. Goodson, 4115 Southwestern, was advised that it was not the intention of the committee to prohibit fence construction on the property line. Mr. Riddell, 4141 Tennyson~ suggested that the word "structurell be better defined. Mayor Stanley reviewed Proposal #16 height. Mr. Louis Meharg, 2631 Pittsburg, stated that (a) of this proposal which restricted (I , ~) . '.'J.rJ:'I"" .. .....1"... '----.:;' ,.,....,....p 'r~~j- -r --C-r 82 height of radio antennals at fifty (501) feet would not be acceptable to radio operators and that he would be happy to work with the committee to establish restrictions. Mr. Dale Spence, 2912 Georgetown, expressed appreciation to the Commission for all of its hard work, suggesting that some proposals were too restrictive, ~ and that wording and intent of ot~ers should be reconsidered. Mr. Spence noted that he, too, was an amateur radio operator and would be happy to work with the committee. Mr. Billings read the definition of "story" and "half-story" as currently pro- vided in the zoning ordinance for Mr. Riddell. Mr. Kendrick, 6324 Rutgers, stated that he believed the phraseology 2! story should be deleted and have one story, two story or three story and also making provision for a second means of egress for third story. Mayor Stanley reviewed Proposal #17 front porch. Mr. Tom Beard, 5919 Fordham, was advised that the provlslon for a porch to be of the same type construction as the main use building was to preclude use of wood on brick, etc. Mayor Stanley reviewed Proposal #18 side and rear yards. Commissioner Polichino was advised by Mr. Casey that the recommendation for rear yard was the space 201 from the property line to the building line. Mrs. Renner, 3112 Wroxton, was advised that air conditioning units would not be [] permitted in the 31 side setback. Mr. Kendrick, 6324 Rutgers, suggested that the definition of side yard be modified. Mayor Stanley reviewed Proposal #19 areas not to be diminished. Mr. Kendrick, 6324 Rutgers, was advised by Mr. Doughty that a structure currently cantilevered could not be rebuilt if burned if it provided living space into the front yard or over the setback line. Mr. Riddell, 4141 Tennyson, was advised that further consideration would be given to the language in this section. Mayor Stanley reviewed Proposal #20 empowering the Building Inspector to issue citations. Mr. Riddell, 4141 Tennyson, suggested a provision be included to protect the inspector when citations are issued. City Attorney David Allums reviewed the procedure proposed for the issuance of citations by the Building Inspector. Mr. William Spoor, 4135 Marlowe, was advised that the Building Inspector and his assistant would provide adequate identification and_ follow the procedure of requesting permission to make inspections. [ n n L! 83 Mr. Tom Beard, 5919 Fordham, was advised that the new procedure would provide an effective means of control rather than putting a lot of power into the hands of the inspector. Mr. Shaw, 3607 Georgetown, stated that he felt the inspector was employed to inspect work being done not to act like police. Mayor Stanley reviewed Proposal #21 certificate of occupancy. Mr. Sanchez, 5634 Community Drive, stated that this type provision was one of the things that made West University the city that it was and that he had seen the area north of Bissonnet deteriorate because of lack of enforcement. Mayor Stanley thanked those in attendance for their patient interest and providing the Commission, Zoning and Planning Commission and Zoning Board of Adjustment their comments and helpful suggestions. Mayor Stanley explained that the Com.;.. mission was just beginning their deliberation on the proposals and that further meetings would be held. Motion by Mr. Farrell, seconded by Mr. Abell, that the public hearing held by the Zoning and Planning Commission be closed. Voting Aye: All Voting No: None Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the Public Hearing held by the City Commission be closed. Voting Aye: All Voting No: None Chairman Casey announced that the Zoning and Planning Commission would present the City Commission its final report at a later date. Mayor Stanley announced that final action of the City Commission would be taken at a later date. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 12:00 p.m. ATTEST: ~ ~""~ City ecretary """"",,',I".,.~I-, , j. ~;-]---, ~.~,nT'f1,:., . 1I1r"'" " 'I"" .:rrrr:r- ,. . ~'I!lI...I' L.......J:J---rr~t~ I::..:.......:,.. . _1 - -l 84 REGULAR CITY COMMISSION MEETING June 8, 1981 The City Commission convened in regular session at the City Hall on Monday, June 8, 1981,7:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Jackson andPolichino. The City Attorney and City Manager were also present. Commissioners Forristall and Lewis were out of the city. The Invocation was pronounced by Mayor Stanley. HEARING OF RESIDENTS: Mayor Stanley ascertained that none of those persons in attendance at the meeting had matters they wished to discuss with the Com- mission. NATIONAL ELECTRICAL CODE: Ordinance Number 1177 was presented to the Commission and read in full: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UN1VERSITY PLACE, TEXAS, ALLOWING HOMEOWNERS TO APPLY AND RECEIVE PERMITS FOR ELECTRICAL INSTALLATIONS; ADOPTING THE 1981 EDITION OF THE NATIONAL ELECTRICAL CODE; PROVIDING FOR THE FILING OF THREE COPIES THEREOF IN THE OFFICE OF THE CITY SECRETARY; REQUIRING HOMEOWNERS TO FILE PLANS FOR ELECTRICAL INSTALLATIONS; REQUIRING HOMEOWNERS TO ENGAGE LICENSED ELECTRICIAN AFTER TWO SUCCESSIVE DISAPPRO- VALS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: I~ U Section 1. That Section 10-39 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read as follows: IISection 10-39. Required. (a) It shall be unlawful for any person to do electrical work within the city unless such person is a licensed master elec- trician, licensed under the provisions of this chapter, or un- less such person does such electrical work under the super- , . vision, direction and control of a licensed master electrician, except as provided in sub-section (b) below. (b) Homeowners may apply to do electrical work within the city, provided the premises on which they apply for work is their bona fide homestead and not a residence for sale, lease or rent.1I Section 2. That Section 10-115 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read as follows: IISection 10-115. Adoption of electrical code. There is hereby adopted by the city and declared operative u 85 n therein for the purpose of establishing rules and regula- tions for the erection, construction, alteration, repair, removal, conversion and maintenance of electrical facilities, i nsta 11 ati ons and equi pment in homes, bui ldi ngs and other installation, and for the issuance of permits, collections of fees therefor, and the making of inspections thereof, the National Electrical Code, 1981 edition, of which not less than three (3) certified copies have been and are now on file in the office of the City Secretary, and the same is hereby adopted and incorporated herein as fully as if set out at length herein, and shall be controlling and binding within the city.1I Section 3. That Section 10-137 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read as fo 11 ows : c IISection 10-137. Application for permit. The application fora permit shall describe the work to be done and shall be made in writing by a person holding the proper electricians license, an electrical sign contractor's license, or a homeowner. The permit when issued shall be issued to such applicant to cover such work as described and detailed. Any changes or additions must be covered by additional permits at the time changes are made. The ap- plication shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether or not the installation as described will be in conformity with the requirements of this article.1I Section 4. That Section 10-138 of the Code of Ordinances of the City of West University Place, Texas is hereby amended by the addition of sub-section (b) as follows: IISecti on 10-138 . Inspection; coveri ngwork ,noti ce, re-i nspecti on. (b) A homeowner to whom a permit for installation of electrical wiring has been issued is bound by the above procedures in subsection (a); and, in addition, if, after two successive inspections, the chief electrical inspector or his assistance disapproves said electrical installations, then the chief electrical inspector or his assistant shall require the homeowner to engage a licensed electrician to obtain a permit and perform the "work in the correct manner. II Section 5. This ordinance shall take effect and be in force immediately from and after its approval as required by law. day of , 1981. PASSED AND APPROVED this r Motion by Commissioner Policbino,seconded by Commissioner Jackson, that Ordinance Number 1177 be approved as read. . '.' "J: I"~. _~. .' I .::M'PlIl'"T".", I' - -~l-"""'rr I--WI F"., , ..---------.,-.- -- " ~===J ~I 86 Mayor Stanley advised that Mr. James Todd, Chairman of the Electrical Board and the city Building Inspector and Assistant Inspector were in the audience to provide any information the Commission might desire. Mr. Todd advised that there had previously been no ordinance establishing permit procedures for homeowners to do electrical work and that it was the recommendation of the Electrical Board that, the ordinance be approved. J Voting Aye: All Voting No: None SWIMMING POOL FURNITURE: The Commission was advised that the sum of $750.00 had been appropriated in the 1981 budget for purchase of outdoor furniture for the pool and that chaise lounges would be advertised for bids. Motion by Commissioner Polichino, seconded by Commissioner Jackson, that the City Manager be authorized to advertise for bids for purchase of chaise lounges for use at the swimming pool. Discussion by members of the Commission developed information that neither the specific type nor number of chaise lounges was available. Commissioner Jackson withdrew his second to the motion with a request that additional information be provided to the Commission prior to authorization to advertise for bids. The motion died for lack of a second. FIRE DEPARTMENT AMBULANCE MEDICAL SUPPLIES: The Commission was presented a Ji, request to advertise for bids for purchase of medical supplies to be used on the ambulance in an effort to receive more competitive prices. Motion by Commissioner Jackson, seconded by Commissioner Polichino, that the City Manager be authorized to advertise for bids for purchase of medical supplies of use on the ambulance. Voting Aye: ' All Voting No: None MUNICIPAL COURT DEPUTY CLERK: Resolution Number 81~26 was presented to the Commission and read in full: WHEREAS, Linda Bingham, employed as Police Dispatcher and appointed Deputy Clerk of the Municipal Court of the City of West Uni- versity Place, has resigned her position with the city; and WHEREAS, Al Martinez 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 Al Martinez be, and he is hereby, appointed Deputy Clerk of the Municipal Court of the City of West University Place, !II~ Texas. U n o ,---, , I I 87 Section 2. That the appointment of A1 Martinez as Deputy Clerk of the Municipal Court of the City of West University Place, Texas, shall be effective with the passage ~fthis Resolution and that he 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 , 1981. Motion by Commissioner Jackson, seconded by Commissioner Po1ichino, that Resolution Number 81-26 be approved as read. Voting Aye: All Voting No: None SANITARY LANDFILL DRY WEATHER TRENCHING: The Commission was presented an invoice in the amount of $9,257 .52 submitted by John G. Holland Construction Company for dry weather trench excavation at the sanitary landfill. Motion by Commissioner Po1ichino, seconded by Commissioner Jackson, that John Holland Construction Company invoice in the amount of $9,257~52 be approved for payment. Mr. Rockenbaugh advised the Commission that this was the second trench to be excavated this year and it was believed that this would be sufficient until October or November. Voting Aye: All Voting No: None SOILS EVALUATION AT SANITARY LANDFILL: An invoice in the amount of $466.25 sub- mitted by Neill Engineering Corporation for completion of a soils evaluation and report in accordance with requirements of the State Department of Health, was presented for consideration. Motion by Commissioner Jackson, seconded by Commissioner Po1ichino, that the Commission approve payment of $466.25 to Neill Engineering Corporation. Voting Aye: All. Voting No: None LEGAL MATTERS: City Attorney David Allums stated that he had no legal matters for consideration by the Commission at this time. CONCERNS OF THE CITY COMMISSION: Commissioner Po1ichino was advised that the per- sonnel of the Street Departl11ent wou1dHconstruct bulletin boards to be placed in city parks. Mayor Stanley was advised that personnel from the Parks Department and Street Department had spent the day cleaning the premises at the Recycling Center in preparation for the auction to be held on Saturday. It was noted that'a11 material to be included in the sale would be moved to the location later in the week. Mayor Stanley directed attention to a letter received from Don R. Butler advising that Southwestern Bell Telephone Company would have to refund approxi- rnate1y $22.5 million plus 10% interest. 1~IT""---"~- -, 88 Mayor Stanley advised that a communication had been received from the Houston-Galveston Area Council regarding a meeting to be held on June 18th in League City-to discuss hurricane relocation plans. Mayor Stanley further advised that he had discussed with Dr. Leon Atlas, a botanist, the possibility of some type enterprize being located at the sanitary landfill site. STAFF REPORT: City Manager Dick Rockenbaugh presented the Commission a letter ,from Mrs. Paula Doughty requesting an advance of $1,500 for expenses that will be occurred by the Parks and Recreation Board in preparation for a planned 4th of July celebration. Motion by Commissioner Jackson, seconded by Commissioner Polichino, that the City Commission advanGe the Parks and Recreation Board $1,500 for its July 4th activities. Voting Aye: All Voting No: None The Commission was advised that a request had been received from Mr. Donald Kirklin, 777 South Post Oak Road, on behalf of the developers of a townhouse project at Vanderbilt and Bellaire, to change the addresses of the project from Bellaire Boulevard to Vanderbilt. The Commission was presented an invoice in the amount of $2,000 submitted by the West University Little League as the city's agreed share of the cost of installation of additional lighting at the softball field on the West Univer- sity Elementary School Grounds. Motion by Commissioner Jackson, seconded byCommissi6ner Polichino, that the City Commission approve payment of $2,000 to the West University Little League as the city's share of the cost of installation of lights on the softball field. Voting Aye: All Voting No: None Mr. Rockenbaugh advised the Commission that the Building Inspector had tested the water at the YMCA swimmingpobl in accordance with the provisions of an ordinance recently passed by the Commission and had closed the pool until it is brought in compliance. Members of the Commission were presented a map submitted by Mr.'Gene McFaddin indicating traffic control recommendations of the Traffic Sub-Committee of the Long Range Planning Committee. Members of the Commission indicated that an up-coming workshop meeting would be devoted to study the recommendations and that consideration would be given to making such recommendation the sub- ject of a Towne Hall meeting. Subsequent to review by staff personnel the recommendations will be forwarded to traffic consultant John Hudson. I ] J Members of the Commission were presented copies of City Currents which had been prepared by the Communications Committee. Mr. Rockenbaugh expressed appreciation to Commissioner Polichino for the Iii] picnic held on Saturday. o n I I '----- 89 Mayor Stanley advised that following the public hearing held on May 27th to consider recommendations of the Zoning & Planning Commission he and Chairman Mike Casey discussed having a joint workshop meeting to follow up on the public hearing. ' BOARD AND COMMITTEE MEETING MINUTES: Minutes of the following board and com- mittee meetings were presented to the Commission for their information: a) Electrical Board meeting on May 18, 1981 b) Zoning and Planning Commission regular meeting on May 14, 1981 and a special meeting on May 15, 1981 c) Zoning Board of Adjustment meeting on May 20, 1981 CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on May 25, 1981, were presented for consideration. Motion by Commissioner Polichino, seconded by Commissioner Jackson, that minutes of the regular meeting of the City Commission on May 25,1981, be corrected to show a IInoll vote by Mayor Stanley on the distribution of a notice regarding water rates, and approved as corrected. Voting Aye:. All Voting No: None Mr. George Stillman was advised that the Parks and Recreation Board was studying the question of putting a basketball court at Colonial Park, and that the city had not employed a registered, civil engineer as its Director of Public Works. Mr. Robert Kendrick was advised that no consideration was being given to opening the Virginia Street right-of-way. .. 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: ~~AJ City. ecretary ~ , . I:. JIll'~ '. .1" .:rr.. - ~--"-' ,'r'"' 'r~ l~]""""""'" . -~'- ~ -,-,,, 90 REGULAR CITY COMMISSION MEETING June 22, 1981 u The City Commission convened in regular session at the City Hall on Monday; June 22, 1981,7:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Lewis and Polichinb. Commissioner Jackson, the City Attorney and City Manager were absent. Director of Finance Patrick O'Connor presented the agenda in the absence of the City Manager. Commissioner Polichino gave those in attendance some thoughts for the day and led the Pledge of Allegiance. .1 HEARING OF RESIDENTS: There were no residents in attendance with matters they wished to bring to the attention of the City Commission. COIN-OPERATED COPIER FOR LIBRARY: In accordance with previous action of the City Commission; bids received for rental of a coin-operated copier for use at the Library were opened and results announced as follows: Bidder Rental Fee Installation Fee IBM Xerox Dwane Davis $ 274.60 @ month 323.50 @ month 192.00 @ month $ 127.00 48.00 50.00 Motion by Commissioner-Lewis, seconded by Commissioner Polichino, that bids received for rental of a coin-operated copier be referred to the City Manager and Director of Personnel/Purchasing for analysis on the basis of 2500 copies 0 per month usage and revenue derived from use of the copier and a recommendation made to the City Commission. Voting Aye: All Voting No: None OUTDOOR FURNITURE FOR SWIMMING POOL: In response to a request from the Commission for additional information regarding type and number of chaise lounges pro- posed for purchase for the swimming pool, Director of Personnel/Purchasing Patt Lilly advised that approximately fourteen chaise lounges of heavy duty \ quality could be purchased with the $750.00 included in the 1981 budget. Motion by Commissioner Polichino, seconded by Commissioner Forristall, that the City Manager be authorized to advertise for bids for purchase of chaise lounges for use at the swimming pool. Commissioner Forristall advised that recently a suggestion box had been placed at the pool and following a conversation with Chairman of the Parks and Re- creation Board Pat Moore it was believed that pool patrons would prefer more tables and chairs rather than chaise lounges. Commissioner Polichino advised that there was a great need for the chaise lounges inasmuch as there was not adequate seating at the pool. Voting Aye: Polichino Voting No: Forristall Lewi s Stanley u u o [ 91 Motion died for a lack of a second. Motion by Commissioner Forristall, seconded by Mayor Stanley, that Item Five on the Agenda be taken out of order for consideration at this time. Voting Aye: All Voting No: None WASTEWATER TREATMENT PLANT AND LIFT STATION REHABILITATION: Consultant Engineer Dieter Ufer advised the Commission that authorization had been received from the Texas Department of Water Resources to advertise for bids for construction of a new wastewater treatment plant and rehabilitation of lift stations. Mr. Ufer further advised that bids could not be opened for thirty days follow- ing advertising of the project and that it would be his recommendation that bids be opened at the regular meeting of the City Commission on August 10, 1981, and that a pre-bid conference be scheduled for August 5, 1981~ Motion by Commissioner Lewis, seconded by Commissioner Forristall, that the City Manager be authorized to advertise for bids for construction of a new wastewater treatment plant and lift station rehabilitation, with bids to be re- ceived on August 10, 1981, with a pre-bid conference to be held on August 5, 1 981 . Finance Director Pat O.Connor advised the Commission that the schedule for consideration of the 1982 budget included a public hearing to be held at the regular meeting of the Commission on August 10, 1981. Members of the Commission agreed that bids for the wastewater treatment plant and lift station rehabilitation projects could be received at 6:30 p.m. on August 10, 1981, followed by the regular City Commission agenda items. Voting Aye: All Voting No: None HARRIS COUNTY TAX APPRAISAL DISTRICT: Director of Finance Pat O.Connor recommended the payment of an invoice in the amount of $5,278.44 from the Harris County Appraisal District for the city's allocation of the District's operation for the first three-quarters of 1981, noting that inasmuch as the Legislature had adjourned without taking action on the Texas Property Tax Code there was very little possibility that the question would be considered at a special session. Tax Assessor-Collector Donna Sims recommended payment of the invoice noting that the city had not received all information available because of non- payment. Ms. Sims also noted that only Houston', -South Houston, Pasadena and West University had not paid their allocation. Motion by Commissioner Forristall"seconded by Commissioner Polichino, that the City Commission authorize payment to the Harris County Appraisal District in the amount of $5,278.44. Voting Aye: All Voting No: None LEGAL MATTERS: In the absence of the City Attorney there were no legal matters for consideration by the City Commission. I..~ 92 CONCERNS OF THE CITY COMMISSION: Commissioner Forristall advised that a meeting had been held on the 16th of June by the H-GAC for a caucus of Home Rule cities and that Mayor John Knox of Missouri City had been elected as repre... sentative of the Home Rule cities with Commissioner Sandra Pickett of Liberty being elected as alternate representative. Mayor Stanley advised that he was in receipt of a letter from Miss Karen Scholz who had been assigned the title of Miss West University 1981 as a representative in the Miss Texas Pageant in August. Mayor Stanley suggested that the letter be forwarded to the Parks and Recreation Board in order than an invitation may be extended to Miss Scholz to participate in the planned Fourth of July activities. Mayor Stanley advised that he had attended a meeting of the, Harris County Mayorsl and Councilmenls Association at the request of Director of Senior Services in order to ascertain if the city would be eligible for partici- pation in a grant program for home repairs under the supervision of the Community Development Agency. Mayor Stanley noted that the city would first have to join Harris County's application for grant funds prior to a deter- mination being made as to eligibility. Motion by Commissioner Polichino, seconded by Commissioner Forristall, that the city have its population included as a portion of the population of the County in the County's "urban county" application to the US Department of Housing and Urban Development for funding of the Community Development Block Grant Program. Voting Aye: All Voting No: None Mayor Stanley stated that he had attended a meeting of the West University Elementary School PTA during discussion of the magnet school concept. Mayor Stanley reviewed an invitation that had been received to a Jamboree planned by County Judge Jon Lindsay. In response to a question by Mayor Stanley regarding any benefits that might be provided the city in issuance of bonds by the Gulf Coast Waste Disposal Authority, Director of Finance Pat O'Connor stated that the process could be accomplished quicker under the auspices of GCWDA but would be no cheaper for the city. The Commission was advised that several resume's had been received for the position of Director of Public Works and interviews were still being scheduled. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on June 8,1981, were presented for consideration. Motion by Commissioner Polichino, seconded by Commissioner Lewis, that minutes of the regular meeting of the City Commission on June 8,1981, be approved as submitted. Voting Aye: All Voting No: None With no further business to come before the Commission at this time, upon motion duly made, seconded and carri~d, the meeting adjourned at 9:00 p.m. u o u n , ! '----' Il LI l I ',_,I ATTEST: ~Jf~ City Secretary , -".11.--:--1 r ,-.....--.. ~l..i--..<1.llJ~. 93 ~ I" lr~ - " '':..:JIlI'l" . '.1 . ...::rr. '---Y' ,--...". rrr I~[,~![lr" 94 REGULAR CITY COMMISSION MEETING July 13, 1981 The City Commission convened in regular session at the City Hall on Monday, July 13, 1981,7:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson and Polichino. The City Manager was also present. Commissioner Lewis and City Attorney were absent. The Invocation was pronounced by Mayor Stanley. u HEARING OF RESIDENTS: Mr. Bob Williamson, 6714 Belmont, advised the Commission that his residence was located in the Bellaire Boulevard Townhouse District and that he had been working with the adjacent property owners, Unicenter, Inc., to develop both properties jOintly. Mr. Williamson further advised that Unicenter, Inc. had been included on the agenda of the Zoning and Planning Commission meeting of July 9,1981, and received approval of both preliminary and final plans for development of their property, thereby excluding him for the development and access to his property. Mr. Williamson requested assist- ance from the Commission in having the hearing of the Zoning and Planning Commission reopened in order that he might present his rebuttal to allegations that he did not plan to develop his property. Mayor Stanley advised Mr. Williamson that any appeal would depend on the exact nature of the conflict and requested that the Commission be granted forty- eight (48) hours within which to clarify appropriate action on his request for an appeal. Mrs. Sue Dailey, 4201 Marquette, advised the Commission that she was in 0' attendance at the meeting to discuss bids which had been received for rental of a coin-operated copier for the library. HOUSTON LIGHTING & POWER COMPANY RATE INCREASE: Mr. Joseph Lopez, District Manager, Houston Lighting & Power Company, appeared before the Commission to request action on a request filed by_HL&P for a rate increase. Mr. Lopez reviewed the inadequacy of a rate increase granted in October, 1980, to pro- vide funds necessary to provide new construction, meet current inflation costs and increased service costs. Mr. Lopez noted the expense and time involved for an appeal to the Public Utility Commission and requested that consideration be given to denying the rate increase, and the surrender of the city's right of original juris- diction. Mr. Lopez also noted that unless action was taken within thirty-five (35) days from the July 6th filing date, the requested rate would become effective. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that any action on the request of HL&P be deferred until the next regular meeting of the Commission. Voting Aye: All Voting No: None City Attorney David Allums arrived at the meeting at this time and Commissioner I~ Polichino left the meeting. ~ c n I i i I '------' il 1_, 95 MEDICAL SUPPLIES: In accordance with previous action of the City Commis'sion, bids received for purchase of medical supplies to be used on the ambulance were opened and results announced as follows: Em-Quip, Inc. Coastal Medical Dixie USA Northwood $ 181.59 343.50 326.77 1,384.07 Motion by Commissioner Forristall, seconded by Commissioner Jackson, that bids received for purchase of medical supplies be referred to the Director of Purchasing for his study and recommendation. Voting Aye: All Voting No: None Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Item 5 on the agenda be considered at this time. Voting Aye: All Voting No: None COIN-OPERATED COPIER: In accordance with previous instructions of the Commission, the following recommendation from Director of Purchasing Patt Lilly was pre- sented for the rental of a coin-operated copier to be located at the library. I have reviewed the bids submitted on the library copier and as instructed by the City Commission, have evaluated the bids based on 2,500 copies per month. My evaluation is attached for your review. It is apparent from the evaluation, that the Sharp Copier bid by Dwane Davis represents the lowest total monthly expense. Considering the estimated revenue from the copier would be $250.00, the city would almost break even on the copier operation. Even though the Sharp Copier appears to be the most economical, I feel another factor should betaken into consideration, credit toward pur- chase. In reviewing this option, the IBM Copier is the. least expensive overall. At the end of the contract period IBM would set a price on the copier and they would give the city $2,200'~00 credit toward that pur- chase. This credit would represent 48% of the rental cost for the twelve month period. The purchase credit option is only beneficial if the city wishes to purchase the copier at the end of the contract period. It is my recommendation that in an effort to have the library copier pay for itself at the existing copy charge of lOt, that we rent the Sharp Copier from Dwane Davis. I have investigated the copier and have found it to be very dependable and easy to operate'and should serve our needs very well. ' Should you have any questions, please do not hesitate to ask. Mrs. Sue Dailey advised the Commission that she had been working with the city for nine months on behalf of the firm that she represents in order to assure the placement of a copier in the library and that such firm's bid had not been considered inasmuch as it did not arrive at the scheduled time. Mrs. Dailey reviewed events that had been responsible for the delay in receipt of the bid . ~.I~---------~------"" .r.'C'J'll'L . 1 1'" .::JIm ----.::' orIn "I r~~ ~rrr---- ~-'! 96 Mayor Stanley ascertained that delay of the bid was not a result of any action on the part of the city. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that r-l the recommendation of the Director of Purchasing be accepted and the city \ I rent a coin-operated copier from Dwane Davis. L-J Voting Aye: Forristall Stanley RADIO BASE STATION: In accordance with previous action of the City Commission, bids received for purchase and installation of a radio base station were opened and results announced as follows: Voting No: Jackson Motorola, Inc. Trade-in Net Bid $ $ 18,734.00 1 , 100.00 17,634.00 Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the bid received for purchase and installation of a radio base station be referred to the City Manager and Department Heads for study and recommen- dation.' Voting Aye: All Voting No: None HARRIS COUNTY COMMUNITY DEVELOPMENT: Resolution Number 81-27 was presented to the Commission and read in full: o WHEREAS, the City of West University Place has indicated its desire to participate in the Harris County Community Development Block Grants program under Title 1: of the Housing and Community Development Act of 1974; and WHEREAS, the population of the .City of West University Place will, therefore, be included in the Harris' County "Urban County" applica- tion to the U.S. Department of Housing and Urban Development; and WHEREAS, it is necessary that an official be designated signatory agent of the city for the execution of an agreement between the City of West University Place and Harris County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Mayor Rufus F. Stanley, Jr., be, and he is hereby authorized and directed to sign the required agreementiwtth Harris County for participation in such county's Community Development Block Grants program and any other documentation required pursuant to such participation. PASSED AND APPROVED this day of , 1981. u Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Resolution Number 81-27 be approved as read. 97 Voting Aye: All Voting No: None PUBLIC HEARING ON PROPOSED 1982 BUDGET: The Commission was advised that it would be necessary to publish notice of the Public Hearing on the proposed 1982 budget which was to be held on August 12, 1981. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Manager be authorized to advertise a Public Hearing to be held on the proposed 1982 budget at the Community Building at 7:00 p.m., August 12, 1982. Voting Aye: All Voting No: None PROPOSED CITY CHARTER: The Commission was advised that members of the Charter Com- mission were in the final stages of completion of the proposed document and in accordance with the provisions of Article 1167, VTCS, such charter'would have to be printed for distribution to all eligible voters. A request was presented to advertise for bids for printing the proposed charter. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that the City Manager be authorized to advertise for bids for printing the proposed charter. Voting Aye: All Voting No: None MUNICIPAL COURT ASSOCIATES: The Commission was advised that in accordance with the provisions of the City Charter it was necessary to re-appoint Associates of the Municipal Court. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Michael Schneider and Terry Collins be re-appointed Associate Municipal Court Judges and Thomas Taylor be re-appointedAssociate Municipal Court Prosecutor. Voting Aye: All Voting No: None SANITARY LANDFILL TRENCHING: The Commission was presented an invoice in the amount of $1,400.00 submitted by John G. Holland Construction Company for the exca- vation of 1400 cubic yards of wet weather trench at the sanitary landfill., Moti on by Commi ssi oner Jackson, seconded by Commi ss i oner Forri sta 11, that the City Commission approve payment to John G. Holland Construction Company in the amount of $1,400.00 for excavation of wet weather trench. Voti ng Aye:' All Voting No: None u CITY HALL AIR CONDITIONr'NG REPAIRS: The Commission was advised that considerable time had been spent by a committee appointed to determine the condition and repairability of the air conditioning system resulting in the employment of Har-Con Engineers to repair the system. An invoice in the amount of $8,675.50 submitted by Har-Con Engineers was presented for consideration. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Commission approve payment to Har-Con Engineers in the amount of $8,675.50. Voting Aye: All Voting No: None ------~"'C'~!'!'T~r!~~----.---.----.---...-,....--------------,..,-"-~------,--------- ~ ~ -...,.., ~I---,-" "OM" , r-rr--' 98 GASOLINE DISTRIBUTION SYSTEM: The Commission was advised that the gasoline dis- tribution system purchased from Marand Sales Company had been in operation for a period of two months and is working very effectively. An invoice in the amount of $4,228.50 submitted by Marand Sales Company for delivery and in- stallation of the system was presented for consideration. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that the City Commission approve pa~ent to Marand Sales Company in the amount of $4,228.50. ". Voting Aye: All./ Voting No: None LEGAL SERVICES: The Commission was presented an invoice in the amount of $7,832.62 submitted by City Attorney David Allums for legal services rendered during the months of April, May and June. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Commission approve payment in the amount of $7,832.62 to City Attorney David Allums for legal services rendered during the months of April, May and June. Voting Aye: All Voting No: None RETIREMENT OF SANITATION SUPERINTENDENT: Resolution Number 81-28 was presented to the Commission and read in full: WHEREAS, Odis D. Gregg was employed by the City of West UDiversity Place, Texas, on July 24,1961; and WHEREAS, Odis D. Gregg has served as Superintendent of the city.s Sanitation Department for twenty (20) years; and. WHEREAS, Mr. Gregg has elected to retire on July 24,1981, and return to his hometown of Amarillo, Texas; and WHEREAS, under the guidance and leadership of Odis D. Gregg, the City of West University Place became the first municipality in the United States to operate a city-wide recycling program; and WHEREAS, as a result of his operation and management of the sanitary landfill, the City has been commended by local and state officials; and j WHEREAS, he has earned much respect from the citizens and his fellow employees for his patience, understanding, interest and devotion to duty; and WHEREAS, Odis D. Gregg will long be remembered in the role and history of faithful employees of the City of West University Place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That for, and on behalf of the citziens of the City of West University Place, Texas, July 24,1981, is hereby designated as Odis D. Gregg Appreciation Day. u o u ~ LI n '----..J 99 Section 2. That the Mayor, City Commission, City Manager and a 11 other employees hereby express thei r appreci ati on to Odis D. Gregg for his devoted service to the city. Section 3. That the City Commission, fellow employees and residents of the city wish for Odis D. Gregg contentment and much happiness always. Section 4. 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 Odis Gregg a true copy hereof, signed by each member of the City Commission. PASSED AND APPROVED this 13th day of July, 1981. Motion by Commissioner Forristall, secondedpby Commissioner Jackson, that Resolution Number 81-28 be approved as read. Voting Aye: All Voting No: None WATER WELL #5: The Commission was advised that difficulties had been experienced with water well #5 and that at thi s time it was unknown whether the well was sanding up, had a malfunction in the pump, bad column or what. It was further advised that a quotation had been received from Layne-Western Company to re- work the pump and pump co 1 umn and to pu 11 the bowl s from the well to chec k, repair as necessary and re-install for an estimated cost of $21,125.00. Motion by Commissioner Forristall,seconded by Commissioner Jackson, that the City Manager be authorized to spend up to $21,125.00 for emergency repairs to water well #5. Voting Aye: All Voting No: None RE-ASSIGNMENTOF POLICE DEPARTMENT PERSONNEL: The Commission was advised that it is the desire of the Chief of Police to re-assign three (3) patrolmen to a classification as Corporal as an administrative asset in order to provide supervi sory personnel in the absence of a Sergeant on a shi ft. It was noted that such reassignment would not require additional personnel and would have minor impact on both the198l and 1982 budget requirements. Motion by Commission Jackson, seconded by Commissioner Forristall , that the City Commission approve the request of the Chief of Police to re-assign three (3) patrolmen to a classification as Corporal in the Police Department. ""Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised the Commission that a proposal had been made by Traveler's Insurance Company to settle the Ballard case for $1,000 and that such proposal had been refused. Mr. Allums further advised the Commission that the Charter Commission was very close to completion of the proposed City Charter. CONCERNS OF THE CITY COMMISSION: Commissioner Forristall advised that she had received a request from the Splash Bash Committee that a notice be put in the City Currents asking for volunteers to help. ''''-~-r-'_'---~~~~------'''':''-'---------'---_.'--~'7'C---''-- --.--J." ~"'lll'L 'I .::I'I"m"""""., . "Y- ,-ry'.,-" I--'-A' "'''' , ,..--' 100 Mayor Stanley requested that scheduled workshop sessions to be held prior to regular meetings of the Commission be devoted to discussion of recommenda- tions received from the Traffic Committee. :~ Motion by Commissioner Forristall, seconded by Commissioner Jackson, that 'J the $1,500 loan made by the city to the Parks and Recreation Board for its July 4th activities be continued and used by such Board for the Splash Bash activities planned for Labor Day. Voting Aye: All Voting No: None STAFF REPORT: City Manager Dick Rockenbaugh presented the financial report sub- mitted by the Parks and Recreation Board on its July 4th activities noting a deficit or'only $127.66. Mr. Rockenbaugh advised the Commission that letters had been mailed to all residents in the area where smoke testing will be done and that personal calls will be made to each residence the day prior to the actual testing. Members of the Commission agreed that a "Run" planned through the city by the Stuttering Center of Methodist Hospital would be fine. 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 meeting on June 20, 1981 Electrical Board meeting on June 22, 1981 Zoning Board of Adjustment meetings on June 17, 1981 and June 24, 1981 CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on June 22, 1981, were presented to the Commission for consideration. Motion by Commissioner Jackson, seconded by Mayor Stanley, that minutes of the regular meeting of the City Commission on June 22,1981, be approved as submitted. o Voting Aye: All Voting No: None 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. ATTEST: of~ ~~~ City Secretary u n rJ Ii f I I I '-- 101 REGULAR CITY COMMISSION MEETING July 27, 1981 The City Commission convened in regular session at the City Hall on Monday, July 27, 1981, 7:30 p.m., with the following members present: Mayor Stanley, presiding, Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. Commissioner Forristall requested those in attendance to pause a moment in honor of a citizen who had been brutally murdered, noting that crime of a very large city surrounds the city. HEARING OF RESIDENTS: Mr. Arnold Ahrens, 3729 Nottingham, requested that the City Commission consider a proposal to sponsor the Educational Loan Program for the Houston Coastal Area. Mr. Ahrens advised that the purpose of the program would be the sale of tax free bonds with the proceeds of such sale being used to buy loans made to students. Mr. Ahrens noted that there would be no financial obligation by the city by such participation. Mayor Stanley advised Mr. Ahrens that members of the Commission had been involved in consideration and preparation of the 1982 budget and this item had not been presented for consideration. This item will be included on the agenda for the City Commission workshop meeting to be held on Saturday, August 1 st. . Mr. Ferd Reiger, 6516 Brompton Road, advised the Commission that he had a number of items he would like to bring to their attention. Included in Mr. Reiger1s concerns were the death of Mr. ,Bill Nettles; a promise made by members of the Commission to keep citizens informed; a request filed by Houston Lighting & Power Company for a rate increase and the payment of franchise taxes; the method now being used for garbage pickup and the unsightly ap- pearance of garbage cans in front of homes waiting for pickup; and a trash container located at University and Brompton which had ben full for the past five weeks. Commissioner Forristall advised Mr. Reiger that communication with citizens by use of the City Currents was difficult inasmuch as it was mailed with water bills on a cycle basis. In response to a question regarding use of the city' s computer to ma i 1 a 11 water bi 11 s at one time, Mayor Stanl ey ad- vised that this was being considered. HOUSTON LIGHTING & POWER COMPANY RATE INCREASE: Resolution Number 81-29 was presented to the Commission and read in full: ..",.- WHEREAS, on July 6, 1981, the Houston Li ghti ng & Power Company (HL&P) filed ,.~. 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 10, 1981; and WHEREAS, HL&P has filed revised Tariff Schedules together with statements specifying in detail each proposed change, a rate filing package, and supporting testimony; and .t:I'I:I!lIl"," '.r " ,=0- "T' 1- -r- P L-I~--nr,...,-:---.- 1:=.-.'TTr -- - 102 WHEREAS, Section l7(a) of the Public Utility Regulatory Act, Article 1446c, 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 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 extended for an additional 30 days; and WHEREAS, HL&P's proposed rate 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 changes in rates for electric service within the City of West University Place proposed by Houston ~ighting & Power Company to become effective on August 10, 1981 should be, and are, hereby suspended for a period of 120 days beyond said proposed effective date, until December 8,1981, 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 , 1 981 . ~ II I I I U Motion by Commissioner Forristall, seconded by Commissioner Jackson, that I~ Resolution Number 81-29 be approved as read. L-J Voting Aye: All Voting No: None UTILITY BILLING ENVELOPES: The Commission was advised that the Finance Department desired to purchase 72,000 number seven envelopes and 72,000 number ten envelopes for utility billing. It was noted that this would be approximately a full year1s supply and that the successful bidder would be required to pro- vide storage until needed. Motion by Commissioner Forristall, seconded by Commissioner Polichino, that the City Manager be authorized to advertise for bids for purchase of 72,000 #7 envelopes and 72,000 #10 envelopes. Voting Aye: All Voting No: None TEXAS BUILDING SAFETY WEEK: Resolution Number 81-30 was presented to the Commission and read in full: WHEREAS, the annual Municipal Inspectors Training School is being held on the Campus of Texas A&M University during the period of August 2~8, 1981. Texas A&M University and the Texas Department of Com- munity Affairs are joining in sponsorship of this event; and WHEREAS, this joint governmental effort to improve the skills, knowledge, ,efficiency and effectiveness of the code enforcement personnel manifests the common concern and commitment for the protection of the public health and safety; and u n n ~, [ 103 WHEREAS, it is the res ponsi bi 1 ity of the members of BOAT to enforce the construction codes adopted by the various municipalities and to provide, thereby, minimal protection to the health and safety of the general public afforded by these codes. NOW, THEREFORE, BElT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. Public understanding concerning the activities of the building safety officers at the various levels of government will serve to facilitate their task and provide for greater protection of the health and safety of the general public. Section 2. In conjunction with this annual educational program the members of the Building Officials Association of Texas are observing the week of August 2-8, 1981, as Texas Building Safety Week. Section 3. The week of August 2-8, 1981, is hereby designated as Building Safety Week in the City of West University Place, Texas. PASSED AND APPROVED this day of , 1 981 . Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Resolution Number 81.30 be approved as read. Voting Aye: All Voting No: None POLICE PATROL UNIT: The Commission was presented an invoice submitted by Bob Robertson Chevrolet in the amount of $7,645.89 for delivery of a new automo- tive unit to be used by the detectives in the Police Department. It was noted that funds for the purchase had been provided by a settlement by the insurance company in the amount of $8,850.00 for a patrol.unit that was totally wrecked. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that the City Commission approve payment to Bob Robertson Chevrolet in the amount of $7,645.89~or purchase, of a new automobile. Voting Aye: All Voting No: None MEDICAL SUPPLIES: The Commission was advised that bids received for purchase of medical supplies had been reviewed and a determination made that it would not be monetarily advantageous to purchase supplies through a bid process. It was recommended that the bids receiv~d be rejected and an investigation made with regard to a cooperative buying arrangement with the City of Houston. Motion by Commissioner Jackson, seconded by Commissioner Polichino, that bids received for purchase of medical supplies be rejected in accordance with the recommendation of the Director Of Personnel/Purchasing and City Manager. Voting Aye: All Voting No: None POLICE DEPARTMENT RADIO CONSOLE: The Commission was advised that the bid received from Motorola, Inc. for delivery of a new Police Department radio base station "",I"",,,,:~I ".".~1--' '__.,.."'llr' ------------ . r", 1,Hrn":-r \l.,"-------,----------------- :JT'-----'----- ~ . I.:-.:..- r , I--.:::I~-I.~! 104 had been reviewed by the Director of Personnel/Purchasing and Police Chief and a recommendation had been made that the bid in the amount of $17,634.00 be accepted. It was noted that Chief Robinson was opposed to continued use I I 1~~J of the old incoders and decoders which would lower the bid price by $2,500.00. Director of Personnel/Purchasing Patt Lilly advised the Commission that additional information had been received subsequent to the recommendation and that it was now believed that the existing incoders and decoders could be used in the new system, thereby lowering the price. Motion by Commissioner Forristall, seconded by Commissioner Lewis, that the City Commission authorize the purchase of a new radio base station from Motorola, Inc. for a price not to exceed $17,634.00. Voting Aye: Forristall Lewi s Stanley Voting No: Jackson Polichino LEGAL MATTERS: City Attorney David Allums was requested to arrange for those persons interested in the Educational Loan Program to meet with the City Commission on Saturday, August 1st at 10:00 a.m. In response to a question by Commissioner Forristall regarding the status of the health ordinance, Mr. Allums advised that a proposal to permit Justice of the Peace Court to issue warrants for condemnation of houses had not been scheduled for a workshop meeting by the City Commission since the cancellation of the original meeting. CONCERNS OF THE CITY COMMISSION: Commissioner Forristall suggested that the Personnel Manual be updated so that everyone would know how sick leave at retirement would be calculated. Commissioner Forristall complimented members of the Personnel/Purchasing Department on the bulletin boards that are being put in the parks. Mayor Stanley was advised that damage to the Police Department communications system by lightning on Sunday had been repaired and they were back in operation. STAFF REPORT: City Manager Dick Rockenbaugh stated that he had been out of the city and had just learned that the communication system had been damaged, and that he also understood that Southside was on the city's water system because of lightning to their well. BOARD AND COMMITTEE MEETING MINUTES: Minutes of the meetings of the following boards and committees were presented to the Commission for their information: a) Zoning and Planning Commission meeting on July 9, 1981 b) Plumbing Board meeting on July 14, 1981 c) .Parks and Recreation Board meeting on July 14, 1981 d) Zoning Board of Adjustment meeting on July 15, 1981 e) Electrical Board meeting on July 20, 1981 lJ lj b r-'1 i ' i t 105 CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on July 13,1981, were presented for consideration. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that minutes of the regular meeting of the City Commission be approved with the following corrections: The spelling of Mayor Stanley's name be corrected on Page one Show that Commissioner Jackson voted against the purchase of a coin-operated copier for the library. Show that Commissioner Jackson seconded a motion to approve Resolution Number 81-28. 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 9:00 p.m. ~~ ATTEST: ~cP~~ Ci ty Secretary ::JT"""'-- -- _.~ -.- I:.:....-L..:.;-"- p I"~-'- ~P..:- 106 SPECIAL CITY COMMISSION MEETING August 3, 1981 The City Commission convened in special session at the City Hall on Monday, August 3, 1981, with the following members present: Mayor Stanley, presiding; Commissioners Jackson, Lewis and Polichino. The City Manager was also present. Commissioner Forristall and the City Attorney were absent. Mayor Stanley stated that the purpose of the special meeting of the West Univer- sity City Commission was to discuss the intent of the City Commission with regard to taxation for the 1982 budget. Mayor Stanley read the following communication dated August 3,1981, forwarded to the City Manager by Mrs. Donna L. Sims, Tax Assessor-Collector: Article 7244c, Section 1. VTCS, requires my calculation of the effective tax rate and specifies my duty to report this rate to the City's Commissioners. Attached please find the NOTICE OF CALCULATION OF EFFECTIVE TAX RATE, which will be published "in a manner designed to come to the attention of all residents". The effective tax"rate of $.4106 per $100 of value will yield an in- terest and sinking, or debt service levy necessary for the current \ year, plus a maintenance and operation levy equal to that of the previous year. It is my understanding that this evening the Commission will meet to consider the possibility of a tax increase. Please be advised that the effective tax rate of $.4106, plus three (3) percent of that rate, $.012318, which equals $.422917 per $100 of value, is the highest tax rate which can be adopted by the Commission without necessitating the public notices and public hearings specified by Article 7244C. Maintenance & Operation Rate Debt Service Rate 1981 Effective Tax Rate Three Percent Increase Allowed by Statute Maximum Tax Rate $ .3707/$100 $ .039~/$100 $ .4106/$100 $ .012318 $ .422918/$100 NOTICE OF CALCULATION OF EFFECTIVE TAX RATE I, Donna L. Sims, Tax Assessor-Collector for the City of West University Place, in accordance with the provisions of Article 7244c, Sec. 1, VTCS, have calculated the tax rate which may not be exceeded by more than three percent by the governing body of the City of West University Place without holding a public hearing as required by Article 7244c, Section 2, TVCS. That rate is as follows: $ .4106 per $100 of value Isl Donna L. Sims 1 '--' I : 1 ~ J [ [ 107 1981 CITY OF WEST UNIVERSITY PLACE ASSESSMENT LIST Land Improvements Senior Citizens Exemption Veterans Exemption Personal Property Total Taxable Value Tax Rate .3976/$100 $ 144,745,975.00 243,487,118.00 65,731,870.00 135,000.00 27,719,930.00 $ 350,086,153.00 \'J $ 1,395,888.00 Total Tax Proposed Tax Rate .4550/$100 Total Tax & Proposed Rate $. 1,592,892.00 Mayor Stanley noted that the report submitted by Mrs. Sims also included a sample worksheet for the calculation of the effective tax rate. Mayor Stanley stated that for the past several weeks the City Commission has been working on the proposed budget for the year 1982 and that the Commission was in agreement that an increase in the tax rate in excess ofthe 3% increase permitted by State Statutes would be necessary to establish good fiscal footing for the city for the next year. Motion by Commissioner Jackson, seconded by Commissioner Polichino, that the City Commission propose a tax rate invQ'lvinga14.4% increase in 1981 ad valorem taxes. Mayor Stanley stated that the city has operated for the past 2i years under an inflation rate of12i% without increasing taxes, noting that in addition to the burden imposed on the city for salaries and services basic, essential goods such as fuel, parts, street materials, chemicals, maintenance, repair, etc. have also increased. Mayor Stanley stated further that a survey by the Director of Personnel presented to the Commission indicated that the city had fallen behind 13% in salaries, and that an independent survey conducted by the WUPPolice Officers Association reported a 20% salary deficit. Mayor Stanley stated that in an attempt to address itself to the obvious pressing need to do something about salaries the Commission granted a 5% "across-the-board" salary increase to all employees on June 1st. Mayor Stanley continued by noting that the 1981 budget called for depletion of the General Fund by $96,000~ adding that the present Commission contends that a continuing proportionate depletion of fund balances for operating expenses will result in a fiscally chaotic condition for the city. Mayor Stanley stated that rather than increase personnel the Commission is looking toward the effictentuse df'present personnel to address the yearly increasing demands on municipal services by innovation and greater efficiency, adding that the Commission feels that the city has extremely able and highly qualified person- nel who have to be paid to keep them. ,""',""':'Ilnlr" . r'-!;',', .1.uTrn-lll..---,--n,...---------- ....c..o..hU ~ ~..~. _ _..1 .. 108 Mayor Stanley added that due to its residential character, West University relies upon property tax income to support a major portion of its General Fund budget, and in an attempt to reduce the direct burden on taxpayers, upward adjustments had been made in usage fees. Mayor Stanley added further that the Commission is proposing the institution of no new services and hopes to maintain as many of the services which have become traditional to as great a degree as possible. Mayor Stanley also added that the Commission hopes to have even greater volunteer citizen input of time, talent and treasure and to use matching funds when possible. ~ Mayor Stanley noted that for several years funds had been budgeted for the con- struction of a new wastewater treatment plant for which bids would be opened on August 10th, adding that additional projects could be planned only after a de- termination has been made on the cost of such construction. Commissioner Lewis stated that the 1982 budget was a good budget and a fair budget without a lot added to it, noting that the biggest factor that necessitated a tax increase was the lack of a tax increase in the past two years. Commissioner Polichino stated that the tax increase was a need of the city. Voting Aye: Jackson Lewi s Polichino Stanley Voting No: None Commissioner Forristall was absent from the meeting. I Mayor Stanley advised that it was now necessary for the Commission to announce ~ and call a public hearing on the proposed tax increase. Motion by Commissioner Jackson, seconded by Commissioner Lewis, that the City Commission hold a public hearing on the 20th day of August, 1981, at 7:00 p.m. at the West University Community Building. Mayor Stanley stated that a public hearing will be held on Wednesday, August 12, 1981, for the purpose of asking for input on usage of Revenue Sharing Funds and at that meeting the Commission will present a summary of the 1982 budget in pre- paration for the tax hearing on Thursday, August 20th. Voting Aye: Jackson Lewis Polichino Stanley 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 8:00 p.m. Kf~ ATTEST: u ~ret~ o 109 REGULAR CITY COMMISSION MEETING August 10, 1981 The City Commission convened in regular session at the City Hall. on Monday, August 11, 1981,6:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson and Lewis. The City Manager was also present. Commissioner Polichino and the City Attorney were absent. Mayor Stanley requested those in attendance to pause for a moment in memory of Mrs. TrulahEverett, noting that Mrs. Everett was a long time former city employee who passed away on August 6th. WASTEWATER TREATMENT PLANT CONSTRUCTION: In accordance with previous acti on of the City Commission, bids received for the construction of 2.0MGD sewage treatment plant were opened and results announced by consultant engineer Dieter Ufer of Bayshore Engineers, Inc. as follows: Bidder Item 2 Item 1 Total Base Bid Basic Construs. Brown...,Couch C.F.W. LB.L. Inc. Industrial Contrs. Jalco, Inc. Lem Constr. R.M. Mayfield Nunn & Shumway Permian Constr. 2,934,800 3,125,000 3,624,408 Bid did 3,052,000 3,460,000 3,057,000 3, 145,000 3,033,000 3,190,000 11 ,135. 00 11,880.00 9,745.00 not contain required 11,895,000 14,368,000 12,040.00 4,520.00 6,152.50 16,100.00 2,945.935 3,136,880 3,634,153 equipment list 3,063,895 3,474,368 3,069,040 3,144,520 3,039,152.50 3,206,100 Motion by Commissioner Jackson, seconded by Commissioner Forristall, that bids received for the construction of a 2.0MGD sewage treatment plant be referred to the consultant engineers, Bayshore Engineers, Inc., for analysis and re- commendation. Voting Aye: All Voting No: None LIFT STATION REHABILITATION: In accordance with previous action of the City Commis- sion, bids received for sanitary sewer lift station rehabilitation and new force main were opened and results announced by"consultant engineer Tomas Sanchez of San co Engineeri ng, Inc., as fo 11 ows: Bidder Lump Sum Bid Sunbelt Constrs. Brown-Couch Ja 1 co, I nc . C.B.R., Inc. Reddico Constr. Minnick Constr. Lem Constr. Civil Works Constr. Texas Sterling 962,697.60 1,213,964.00 1,043,910.00 609,560.00 1,214,620..00 704,980.00 1,123!OOO.00 813,016.50 853,999.00 . ~.!I1EfI':!l'f'. . . ..::,,, .,.............' ,-r-rr" 'r I '::J"~~-' -c=.-mr ' -~ .- 110 Motion by Commissioner Lewis, seconded by Commissioner Jackson, that bids received for sanitary sewer lift station rehabilitation and new force main be referred to consultant engineers, Sanco Engineering, Inc. for analysis recommendation. Voting Aye: All Voting No: None IJ HEARING OF RESIDENTS: Mr. Charles McMurray, 4235 Byron, was advised that a public hearing had been scheduled by the Charter Commission on August 27, 1981, and that the proposed new charter had been submitted to bidders with bids to be received by the City Commission on August 24, 1981. Mr. McMurray was also advised that the City Commission will hold public hearings on August 12th and August 20th on the proposed 1982 budget. FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 311 1980: The Commission.was presented invoices in the amount of $3,500 and ~6,100 for conformance of the city.s annual report to the requirements of the Municipal Finance Officers Association and examination of the city's financial statements for the year ended 12-31-80. Motion by Commissioner Forristall, seconded by Commissioner Lewis, that the City Commission approve for payment invoices submitted by Coopers & Lybrand in the amount of $3,500~and $6,100 for professional services rendered. Voting Aye: All Voting No: None TRAFFIC SIGN REPLACEMENT PROGRAM: Resolution Number 81-31 was presented to the I!,~ Commission and read in full: L-J WHEREAS, it is the desire of the City of West University Place to participate in the Traffic Engineering Survey Program with the State Department of Highways and Public Transportation; and WHEREAS, the City of West University Place will follow the re- commendations of the Consultant when such recommendations are practical and within the financial capabilities of the City of West University Place; and WHEREAS, it would be in the best interest of the City of West University Place to appoint City Manager Richard R. Rockenbaugh, as Project Director and it would be in the best interest that City Manager Richard R. Rockenbaugh be appointed Authorized Representative of the City of West University Place. 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 authorizes and directs Richard R. Rockenbaugh, Authorized Representative, to make the necessary Contract Application to enter into and participate in the Traffic Engineering Survey Program with the State Department of I ~I Highways and Public Transportation. ~ n o n I I 111 PASSED AND APPROVED this day of , 1 981 . Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Resolution Number 81-31 be approved as read. Voting Aye: All Voting No: None Commissioner Polichino arrived at the meeting at this time. 1981 MUSCULAR DYSTROPHY LABOR DAY TELEPHON: Mr. Bill Repass, Chairman of the Bellaire Pledge Center for the 1981 Muscular Dystrophy Labor Day Telephon, appeared before the Commission to present plans for the telethon. Mr. Repass advised that the First State Bank of Bellaire had offered both its facilities and employees to assist. The telethon is to begin at 6:00 p.m. on Sunday, September 6th and continue until 6:00 p.m. Monday, September 7th with continuous coverage on cable television and entertainment. Mr. Repass noted that a pre-telethon country/western dance had been planned for August 12th and a teen-age dance had been scheduled for August 28th. Mr. Dan Edwards invited members of the Commission to participate in the program. City Attorney David Allums arrived at the meeting at this time. SANITARY LANDFILL TRENCHING: The Commission was presented an invoice in the amount of $1,722.78 submitted by John Holland Construction Company for the excavation of 1,689 cubic yards of trench at the sanitary landfill. ~10tion by Commissioner Polichino, seconded by Commissioner Jackson, that the City Commission approve for payment an invoice submitted by John Holland Construction Company in the amount of $1,722.78. Voting Aye: All Voting No: None TRAFFIC ENGINEERING SERVICES: An invoice in the amount of $591.58 submitted by Traffic Engineers, Inc. for professional traffic engineering services rendered was presented for' consideration. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that the City Commission approve payment to Traffic Engineering, Inc. in the amount of $591.58. Voting Aye: All Voting No: None HEARING OF RESIDENTS: Inasmuch as the meeting of the Commission had been scheduled for 6:30 p.m. rather than the regular 7:30 p.m. meeting time, Mayor Stanley requested that anyone who wished to bring matters to the attention of the Commission speak. Mr. Clint Faulkner, 5820 Annapolis, advised the Commission that he was involved with law enforcement and had given consideration to means by which the West University Police Department could be assisted by residents of the city inasmuch as he felt they were understaffed and overworked. Mr. Faulkner requested that consideration be given to electronic survejllance by means of cable television and the installation ofa CB base station in the office of the police dispatcher to receive calls from residents with CB radios in their automobiles. '":II' ,---' ~- ~._- 112 Mayor Stanley advised Mr. Faulkner that this would be discussed further with him and that the Commission would look into his recommendations. Mr. Arnold Ahrens noted that members of the Long Range Planning Committee IJ had come up with the idea of electronic surveillance and would be studying this the rest of the year. Mr. Marty Ambrose, 3901 Marquette, stated that he was a traffic radio announcer and that he knew of many instances where the installation of a CB base station in the office of ' the police dispatcher would have assisted both victims and the Police Department. STUDENT LOAN AUTHORITY: Mr. Sonny Ahrens, 3729 Nottingham, had been requested to appear before the Commission to provide additional information regarding an educational loan program the city had been requested to sponsor. Mr. Ahrens introduced Mr. Tom Masterson and Bill McGehee of Underwood, Neuhaus & Company and Mr. Bob Colley, their attorney. Mr. Colley reviewed the enabling legislation which created the Higher Education Authority; the fact that the name of the city itself was a primary factor in the decision to re- quest that the city sponsor the program; success of the program in other parts of the state; and the fact that there is no liability to the city in such sponsorship. Following a lengthy discussion and question/answer period, members of the Com- mission were advised that they could reject the request, adopt the request or place the question on the agenda for the next regular City Commission meeting. D Subsequent to being advised that there was documentation on other areas of the state where the program had been initiated, it was the decision of the Commission to include this on the agenda for the meeting of the Commission to be held on September 14th. ' LEGAL MATTERS: City Attorney David Allums had no legal matters to discuss with the Commission at this time. ' CONCERNS OF THE CITY COMMISSION: Commissioner Polichino and Commissioner Forristall expressed concern with trees, shrubs, etc. blocking traffic signs and were advised that this subject will be scheduled for a workshop meeting, together with the issuance of health warrants and the possibility of placing the fence ordinance under the jurisdiction of the Zoning & Planning Commission. Commissioner Forristall stated that she had received a request from residents who attend night meetings at the Community Bldg. that required entry by the back door in order not to interruptother classes, that concrete stepping stones be placed from the back door to the parking area. STAFF REPORT: City Manager Dick Rockenbaugh had no further items for consideration by the Commission. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission Ui' on July 27,1981, and a special meeting on August 3,1981, were accepted as presented. o 113 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:l5 p.m. f€~ ATTEST: ~~ City Secretary . "j'n:..IIIlIL 'J'J.,I", . :::rJ"UI'T""" l - -----r' r-~'lT'p "r l=.::JllIllBrl'I.,......-:-~ ~ 114 CITY COMMISSION PUBLIC HEARING August 12, 1981 The City Commi~sion convened in special session on Wednesday, August 12,1981, liD, with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson, L~~is and Polichino. The City Manager and City Attorney were also present. Mayor Stanley advised those in attendance that the purpose of the meeting was to hold a public hearing on proposed uses of Revenue Sharing Funds as required by the Federal Revenue Sharing Act. Mayor Stanley also advised that another public hearing would be held on Thursday, August 20,1981, to discuss a pro- posed tax increase and a final hearing would be held on Monday, August 24, 1981 on the proposed 1982 budget. Mayor Stanley stated that a public hearing was necessary to discuss amendments to a revenue sharing budget which would change the original budget by more than 25%, and presented the following memorandum from Director of Finance Patrick O'Connor to City Manager Richard Rockenbaugh: The Federal Revenue Sharing Act requires that we conduct a public hearing to discuss amendments to a revenue sharing budget which would change the original budget by more ,than 25%. Two events occurred during 1981 which will result in a greater than 25% increase in our 1981 revenue sharing fund expenditures. First, two patrol cars and one public works vehicle which were ordered in September 1980 against 1980 appropriations were not delivered until 0 late January 1981 and could not be charged to the 1980 fiscal year. Generally:Accepted Accounting Principles and Rules set by the National Council on Governmental Accounting (NCGA) requires that ex- penses be recorded in the fiscal year in which goods and services are received and the liability is incurred. So, even though we had ordered the vehicles for 1980 delivery, the fact that they were delivered in 1981 prevented us from being able to charge their ex- pense to the 1980 budget. The three vehicles cost $23,096. The second event which will cause a larger than budgeted total outlay in the Rev.enue Sharing Fund was our decision to purchase two new fuel pumps and key control systems for gasoline and diesel fuel. This purchase, often discussed and long-desired over the past two years, was not budgeted. It cost $4,229. The two events described caused us to have to charge a total of $27,325 in unbudgeted expenditures to the 1981 Revenue Sharing Fund Budget. Our budgeted expenditures in the Revenue Sharing Fund are all capital outlay items. The 1981 budget for capital outlay was a barely adequate $82,475. Having charged $27,325 in unplanned outlay to that budget left us only two options: 1) amend the 1981 budget to accommodate the additional $27,325, or 2) cancel or delay to later years the purchase of planned 1981 capital outlay equivalent to $27,325 tq avoid the bud- get over-run. ' I recommend that we amend the 1981 Revenue Sharing Budget to allow theU '" purchase of planned capital outlay and to cover the $27~325 in unplanned outlay detailed above. [J u 115 Mayor Stanley directed attention of those in attendance to a copy of the 1981 Revenue Sharing Fund which was attached to Mr. O'Connor's memorandum. Mr. Chuck Gillan was advised by Mayor Stanley that $153,800 had been budgeted for 1982 capital expenditures inasmuch as the city did not know from year to year whether funds would continue to arrive and in what amounts. Finance Director Patrick O'Connor advised Mr. Gillan that any Revenue Sharing Funds not spent in three years were to be returned to the government. Mayor Stanley advised that Revenue Sharing Funds were allocated on the basis of a rather complicated formula involving population and per capita income of the city, and that the only limitation on use of the funds was a prohibition for use in making interest payments on municipal bonds. In answer to,a question regarding the status of, Weslayan Street, City Manager Richard Rockenbaugh responded that the status of Weslayan remained the same as for the past several years and that the city plans no extraordinary expen- ditures on the street. Mr. Paul Wallin was advised that no consideration had been given to the purchase of a mini-pumper to replace one of the large fire trucks at this time. Mayor Stanley advised that he had a slide presentation showing recommendations of the City Commission for the expenditure of Revenue Sharing Funds. The slide presentation, included photographs of each Departemnt Head and where applicable photographs of equipment that W(iS recommended for replacement. Legislative Department - No expenditure of Revenue Sharing Funds Administrative Department - No expenditure of Revenue Sharing Funds Municipal Court - $500.00 Calculator Shelving Finance Department - $24,800.00 Carpet 7 Clerks' Desks ,2 Supervisors' Desks 2 Clerks' Credenzas 10 Chairs 5 Side Chairs 9 Lateral Files Personnel/Purchasing Department - $l,300.00 1 Lateral File 1 Supervisor's Chair 2 Side Chairs Carpet Police Department - $6,570.00 4 Patrol Cars 5 Mobile Radios 3 Portable Radios 1 Typewriter 1 Megaphone 2 Calculators $150.00 350.00 5,300.00 6,000.00 1,900.00 . ,800. 00 2,680.00 1,120.00 7,000.00 600.00 200.00 100.00 400.00 40,000.00 10,000.00 4,500.00 1,000.00 200.00 75.00 12 Uniform Badges Hand Held Spotlights Carpet 3 File Cabinet Units 1 Slide Projector 1 Bookcase 1 Dispatchers' Chair 11 Sets Leather Gear Fire Departemnt - $7,590.00 1 Rescue Saw 1 Traction Splint 7 Air Pack Masks 1 Cassette Recorder Beds & Mattresses 4 Overhead Doors Carpet Inspection Department - $8,100.00 1 Automobile . 1 Cassette Recorder Street Department - $8,000.00 New Roof Sanitation Department - $74,000.00 2 Packer Trucks New Dozier Undercarriage Buildings & Facilities - $4,900.00 . 1 Public Address System 1 Door - Police Department Rear Entry Shelves for Library Chairs for Library 2 Drinking Fountains Parks - $8,450.00 Trimmers ~10wers 1 Edger Playground Equipment - Whitt Johnson Recreation Equipment - Colonial Park Recreation - $4,850.00 1 Ceramic Kiln 2 Lateral Files 1 Desk 1 Chemical Control - Swimming Pool Following the slide presentation Mayor Stanley advised that the City Commission proposed to transfer $50,260 from the General Fund to the Revenue Sharing Fund, making a total porposed 1982 Revenue Sharing Fund for capital improvement ex- penditure of $204,060.00. ;J;1'l:..IIIl'l... "1 1'. -...".. ' ~ ---,:: ,---"'-n 116 T r ::....~IIH" i" ~~- C~-I I 405.00 250.00 1,400.00 1,380.00 400.00 160.00 100.00 1,700.00 760.00 180.00 950.00 100.00 1,800.00 3,600.00 200.00 8,000.00 100.00 8,000.00 64,000.00 10,000.00 500.00 1,000.00 800.00 1,000.00 1,600.00 700.00 1,000.00 250.00 Park 1,500.00 5,000.00 750.00 1,000.00 300.00 4,850.00 u o With no further questions from those in attendance upon motion duly made, seconded and carried the Public Hearing adjourned at 8:45 p.m. fF~ U ATTEST: ~~~ City Secretary o u 11.7 CITY COMMISSION PUBLIC HEARING August 20, 1981 The City Commission convened in special session on Thursday, August 20,1981, 7:00 p.m., at the Community Building, with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney, City Manager, Di rector of Finance, Tax Assessor-Coll ector and other department heads were also present. Mayor Stanley advised those in attendance that he had some announcements that he would like to make prior to opening the public hearing for consideration of the proposed 1982 budget. 1) The first annual Senior Citizen Olympics would be held on Friday, September 18th from 9:00a.m. until 3:00 p.m. The event is being coordinated by the Senior Services Department and the Southwest Senior Services. 2) A public meeting will be held on the proposed City of West University Charter in the Community Building on Thursday, August 27, 1981 at 7:30 p.m. 3) An election will be hel~ on the proposed charter on November 3,1981. Mayor Stanley stated that the purpose of the public hearing was to discuss a proposed tax increase for 1982. Mayor Stanley introduced Commissioner Marla Forristall. Commissioner Forristall directed attention to page two of the handout, noting the "Notice of Tax Increase". Commissioner Forristall called attention to her absence from the meeting at which a vote was taken to increase taxes 14.4% adding that the,reasOn she was absent was that she was out of the city on vaca- tion, but that she wanted everyone to know that she was in complete agreement with other members of the Commission and would have cast a favorable vote had she been in the city. Mayor Stanley then presented a slide presentation showing each department within the General Fund, officials of such departments, 1980 actual expenditures, 1981 budgeted expenditures, proposed 1982 budget expenditures and the usage of such funds. Mr. Bill Derrick, 2808 University, was advised that the meeting had been publi- cized by use of ahan~out ,distributed by the Bellaire Texas, articles and notices published in the SuburbiCi-Reporter, posting on the City Hall bulletin board and a number of public announcements. Mr. Steve Spence, 3601 Nottingham, directed attention to his belief .that a com- parison of West University with other cities such as Alvin was unfair inasmuch as basically residents of the city live in Houston and must compete with the Houston type of environment and that the city needed six new police officers to pro~ide required police protection. Mrs. Julia Carter, 2729 Werlein, stated that she would like to suggest that it is silly to run out to the curb to put out trash and put garbage in back so residents should also put garbage out front and save that much money. _~_r~ 118 Mr. Duke Landry, 3756 Rice Boulevard, stated that inasmuch as a lot of residents already follow this practice he thought the Commission should save between $80,000 and $100,00 each year. n . Mr. Chuck Gillan, 3620 Georgetown, stated that residents in his area did not like an accumulation of trash and garbage cans in front for any length of time. Mayor Stanley explained that the $74,220 included in the Legislative Department Personnel Services category included a li% salary maintenance fund which had been created to provide mid-year salary increases for all employees. City Manager Dick Rockenbaugh further explain~d that for the past three years the city had been working on a merit system and that the proposed budget included approxi- mately 4!% to provide such merit increases. Mr. James M. Cole, 3523 Robinhood, expressed appreciation to the Commission for a wonderful budget presentation, and was advised by Tax Assessor~Collector Donna Sims that 1978 appraisals were used rather than 1977 appraisals. Mr. Duke Landry asked the logic of spending approximately $2,500 per employee to employ and train new people rather than paying the present employees. Mr. Ambrose,3901 Marquette, stated that he agreed with residents requesting additional policemen inasmuch as crime was on the increase in the city and it was his thought that the Commission could come up with $20,000 from one or another department. Ms. Joan McCay, 3029 Carnegie, criticized the distribution of the proposed budget 0 to residents noting that this was the first opportunity she had to review the proposal. Ms. McCay requested a list of automobiles in the city and also asked how many were used for services rather than as transportation for city employees. Ms. McCay added that it was her belief ,that the Police Department had too many chiefs and not enough indians. Mr. Harold Sellers; 3420 Albans, stated that his wife's parents lived in West University for 42 years and his family had lived in the city for 30 years and that he and his wife had raised three children in the city. Mr. Sellers con- gratulated the Commission for an excellent budget presentation and stated that the proposed increase is meager and that it was his belief that the salary budget should be increased. Mayor Stanley again explained that the Legislative Department personnel services budget included a li% salary maintenance fund and that the policy of the Commis- s i on was to hol d. expenses to as bare a mi nimum as possi b 1 e and to increase tax revenue as little as possible to meet the general fund budget without using fund balances. In response to a question from Commissioner Polichino as to what would be required to get more policemen, Mayor Stanley advised that the budget would be considered again on Monday, August 24th. Mr. Chuck Gillan was advised that the city's insurance program was watched by U....... a volunteer Insurance Committee of knowledgeable citizens to assure that the .. most coverage was maintained at the lowest costs. n ~ o [ 119 Mr. Robert Kendrick, 3127 Amherst, stated that he thought the City Commission should completely do away with garbage fees and increase property tax by what- ever proportion necessary and that the water-sewer rates should be put back to a more reasonable level. Commissioner Lewis noted that the present Commission lowered proposed new water rates and that he was in agreement with Mr. Kendrick that garbage fees should be apid from property taxes. It was suggested that a survey be made of all residents to determine how many would prefer the.backdoor garbage pickup be eliminated in order to employ more policemen. ' Ms. McCay was advised that discussion on the Water-Sewer Fund budget would be held on Monday, August 24th and her question regarding sewer line repair would be addressed at that time. ' Mr. Faulkner, 5820 Annapolis, reminded those in attendance that during the time there was no tax increase service fees were increased; that'when purchase of new police cars was delayed repair bills exceed the amount required for the acquisition of new cars; that there is a definite need for new police officers; and that he would like to see the elimination of backdoor garbage pickup because he did not like to have garbage men in his backyard. Mrs. Betty Sellers, 3420 Albans, stated that when there had been a demonstration by Pakiistanians on Bissonnet recently she was delighted to see a West University policeman. Numerous other residents in attendance expressed a desire for additional police officers to cut down on crime and to also provide additional traffic control. Mayor Stanley advised the Commission that it was necessary to obtain a concensus regarding their intent to raise taxes and to announce the meeting date on which such vote would be taken. Motion by Commissioner Jackson, seconded by Commissioner Polichino, that it is the intent of the City Commission to adopt a tax rate of 0.455 at the regular meeting of the City Commission on Monday, August 24,1981,7:30 p.m. at the West University City Hall Council Chamber. Voting Aye: Commissioner Forristall Commissioner Jackson Commissioner Lewis Commissioner Polichino Mayor Stanley Mayor Stanley thanked all of those who attended the public hearing, reminding them that a hearing on the Water-Sewer Fund budget would be held on Monday, August 24,1981,7:00 p.m. Voting No: None With no further busines~ to come before the tommi~sion at this time, upon motion duly made, seconded and carried, the meeting adjour~~ Mayor ATTEST: ~~~ C, t Secretary ... -.r'"!'~P=>rrllrr::!.I~' . "I' ~~lll'l...' IJ 1 .1' . ...:::n. - - -'-' ,---~ 'r' l~. ..-------.,.,.-----~- -- -. 120 CITY COMMISSION. PUBLIC ' HEARING ' 'August 24'~ '1981 ,- . , ' , -j J The City Commission convened in special session on Monday; August 24, 1981, 7:00 p.m., at the City Hall, with the following members present: Mayor S'tanley, presiding; Commissioners Forristall, Jackson, Lewis and Poli:chino.' 'The Ctty , Attorney and City Manager were also present. Mayor Stanley advised those in attendance that this public hearing was being held to present the Water-Sewer Fund'proposed budget in. accord~nce with plans announced at the public hearing on the General Fund budget on August 20th.' , Mayor Stanley further advised that as a result of concern expressed at the previous hearing for increased police personnel in the city the staff had been requested to study the proposed budget to determineanymeat:ls by which addi- tional personnel could be added to the Police Department without exceeding. the previously proposed tax increase of 14.4% inasmuch as theCommi,ssi.on believed such increase appropriate. Mayor Stanley presented slides showing the following projected costs as.a result if additional police personnel is employed: ASSOCIATED COSTS AND REVENUES The estimated costs associated with increasing police personnel are shown in the following table: 2 motorcycle patrolmen @ 25,000 each $ 50,000 5 patrolmen @ $24,000 each 120,000 [J Motorcycle allowance (2) 6,000 1/2'court clerk 7,600 1 associate prosecutor 5,200 (additional court time) 1 associate municipal court judge 5,200 (additional court time) Traffic forms, etc. ' ,1,000 $ 195,000 COST OF NEW CERTIFIED PATROL OFFICER Base Pay $ 16,100 Overtime & Court Time 1,230 Incentive Pay 360 Social Security 1,152 Retirement Contribution 1,013 Hospitalization Insurance 694 Workmens Compensation Insurance 676 Uniforms 430 Gasoline Expense 1,800 Training 130 General Liability Insurance ..117 $ 23,702 il U o II 121 Mayor Stanley reported that the expected costs are hoped to be offset by revenues generated by enforcing traffic laws~ Collectable income from each motorcycle patrolman is estimated to be $70,000 and each patrolman should generate $11 ,000. Mayor Stanley noted that including the proposed police program would increase the proposed 1982 budget from $3,504,000 to $3,699,000 and the proposed 14.4% pro- perty tax increase would remain as originally proposed. In response to a request from Mayor Stanley, Chief of Police Frank Robinson reviewed the present Police Department noting that of the 19 officers on the force, 15 are on the street in addition to other duties they are called upon to perform~ Chief Robinson also reviewed the increase in crime whith had oc- curred within the city and the decrease in response time to a call by officers. Chief Robinson also noted that the department had generated more work for itself by its extensive education program for residents and crime prevention programs. Director of Finance Patrick O'Connor stated that the proposal that had been presented was based on conservative figures to provide additional police pro- tection at the expense of the violators rather than at the expense of taxpayers. The slide presentation narrated by Commissioner Lewis covered" Water/Sewer Fund revenues, expenditures, capital expenditures and comparisons of current and previous rate schedules. Mr. Jim Cole, 3523~'Robinhood, was advised that in 1980 there were 94,261 tickets issued by police officers as compared to 120,000 written for the same period in 1981, and that most traffic accidents are incurred during peak periods early in the morning and late afternoon, with most burglaries occurring between 11 :00 a.m. and 2:00 p.m. Mr. Cole was also advised that consideration was being given to the possible creation of an arraignment night:for the Municipal Court. Mr. Cole concluded his questions with his support of the proposed police program. Commissioner Lewis explained to Ms. Joan McCay, 3029 Carnegie, that use of bond funds to fund capital improvements over the period of use was a saving for the city and residents. Ms. McCay was also advised that plans are in progress for the replacement of known bad water lines. Ms. McCay also expressed her approval of the plan by the City Commission to increase police personnel. Mayor Stanley thanked those in attendance expressing appreciation for their in- terest and concern. Motion by Commissioner Forrista11, seconded by Commissioner Lewis, that the City Commission will officially vote on an ordinance increasing taxes by 14.4% and the 1982 budget on Monday, August 31, 1981, 7:30 p.m. Voting No: None Voting Aye: Commissioner Forristall Commissioner Jackson Commissioner Lewis Commissioner Polichino Mayor Stanley There being no further business to come before the Commission motion duly made, seconded and carried, the meetlng adJourned .. . IfF; Mayor upon ATTEST: ~1-~~~ City Secretary :J;; -.-. 122 REGULAR CITY COMMISSION MEETING August 24, 1981 ~j The City Commission convened in regular session at the City Hall on Monday, August 24, 1981, immediately following a Public Hearing held for consideration of the Water/Sewer Fund of the proposed 1982 budget, with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. HEARING OF RESIDENTS: Mr. Ed Crossman, 4223 Tennyson, requested thatconsidera- tion be given to distinguishing building materials from lumber collected from various projects noting that even tomato stakes had been refused for collection by the Sanitation Department since they were classified as build- ing materials. Mayor Stanley advised Mr. Crossman that Sanitation Superintendent Jerry Burns was aware of his problem as well as others within the Department and was currently working on a means to provide better service to residents. CHARTER COMMISSION REPORT: Mayor Stanley introduced Mr. Jim McLaughlin, Chairman of the Charter Commission. Mr. McLaughlin introduced all members of the Charter Commission commending the work they had done in-order to completely re-write the Charter, and presented the following report: We, the undersigned, members of the City of West University Place Charter Commission, heretofore elected to frame a new Charter for '.J the City of West University Place, hereby certify that the attached constitutes a true copy of the proposed Charter framed by us for the City of West University Place, Texas. In preparing this Charter, the Charter Commission found, and hereby finds and declares, that it is impracticable to segregate each subject so that the voter may vote "Yes" or "No" on each such subject for the reason that the Charter is constructed in such a fashion that in order to make it work and function it is necessary that it be adopted in its entirety. For these reasons the Charter Commission directs that said Charter be voted upon as a whole, and that it be submitted to the qualified voters of the City of West University Place at an election to be held for that purpose on . the 3rd day of November, 1981. We further certify that we have completed our work on this the 24th day of August, 1981. Mr. McLaughlin presented each member of the Commission with a copy of the com- pleted City Charter and then presented a recommendation from Purchasing Direector Patt Lilly for the selection of a bidder to print the Charter: I have reviewed the bids submitted for the printing of the proposed City Charter and find that all bids submitted meet specifications. In reviewing the'bids on the attached tabulation sheet, Stafford- Lowdon Company represents the low bid. ] rn n 123 I spoke with Hugh Griffin of the Stafford-Lowdeon Company and he informed that his company will meet the timetable established in the specifications. It should be noted that the printing will be done in Fort Worth, Texas, but Mr. Griffin assured me that this would not adversely affect the timetable. It is my recommendation that the bid submitted by Stafford-Lowdon Company be accepted. Mr. McLaughlin noted that members of the Charter Commission concurred with the recommendation of Mr. Lilly. Motion by Commissioner Jackson, seconded by Commissioner Forristall that the City Commission accept the recommendation of the Director of Purchasing and members of the Charter Commission and the bid submitted by Stafford-Lowdon for printing the City Charter be accepted. Voting Aye: All Voting No: None Motion by Commissioner Forristall, seconded by CommissionerPolichino, that the City Commission instruct the City Attorney to prepare an ordinance calling an election on November 3, 1981, to permit voters in the city to vote "for" or "against" the adoption of a'new Home Rule Charter. Voting Aye: All Voting No: None City Attorney David Allums stated that it had been his pleasure to work with members of the Charter Commission and that he had never seen a group work as diligently since August of last year when the group was elected. Mr. Allums also stated that inasmuch as the party he had promised after the election of the Charter Commission had been postponed because of Hurricane Allen, he would schedule another party for 8:00 p.m., Tuesday, November 3, 1981 for members of the Charter Commission, the City Commission and previous City Commission. Mayor Stanley recognized former Mayor James M. Cole noting the part the pre- vious Commission had played in the re-writing of the Charter by the appoint- ment of a committee to study the Charter. ENVELOPES FOR UTILITY BILLING: In accordance with previous acti on of the City Commission, bids received for delivery of 72,000 #lO envelopes arid 72,000 #7 3/4 envelopes were opened-and results announced as follows: Bidder 72,000 #10 72.000 #7 3/4 Total Bid Atlantic Envelope $22.62/M $17.26/M Federal Envelope $ 2,013.84 Fornicraft, Inc. $18.10/M $14.81/M Mail-Well Envelope $15.96jM $13.52/M fI'letro-Forms $18.91/M $17.10/M Tension Envelope $ 2,530.80 Motion by Commissioner Jackson, seconded by Commissioner Polichino, that the City Commission refer bids received for delivery of 72,000 #10 envelopes and 72,000 #7 3/4 envelopes to the Director of Purchasing Patt Lilly.for analysis 124 and recommendation at the next regular meeting of the City Commission. Voting Aye: All Voting No: None n WASTEWATER TREATMENT PLANT CONSTRUCTION: Mr. Dieter Ufer, Consultant Engineer, for the construction of a wastewater treatment plant presented the follow- ing recommendation: As you know, bids were opened on the above referenced project during your regular meeting of August 10,1981. In accordance to your directives we have tabulated and. analyzed the bids. After carefully analyzing all bids, we recommend that the con- tract be awarded to Basic Constructors, Inc., P.O. Box 7771, Houston, Texas 77270-7771, in the amount of $2,945,935.00. Mr. Ufer expressed his pleasure at having reached this point of the proposed construction of the new wastewater treatment plant and recommended that the City Commission consider tentatively awarding a contract to Basic Constructors, Inc. for the construction of the plant tin their low bid of $2,945,935.00. Motion by Commissioner Forristall, seconded by Commissioner Polichino, that the City Commission award a contract to Basic Constructors, Inc., in the amount of $2,945,935.00 for construction of a new wastewater treatment facility contingent upon the approval of the Texas Water Quality Board arid the EPA. Voting Aye: All Voting No: None o City Manager Dick Rbckenbaugh ascertained from Mr.Ufer that he was familiar with the firm of Basic Constructors, Inc. and that they had previously worked together on other projects. Both Commissioner Lewis and Commissioner Forristall reported inquiries they had made had been favorable for the com- pany. Mr. Ufer advised the Commission that similar action would be required on the lift station rehabilitation and force main project as soon.as the contractor to be recommended had been determined. SOUTHWESTERN BELL TELEPHONE RATE INCREASE REOUEST: The Commission was advised that a letter had been received from the Texas Municipal League requesting the city's participation in a joint effort by the League and other cities to evaluate and present evidence on the merits of the request by Southwestern Bell Telephone to increase rates. The Commission was further advised that participation cost is based on 3.5t per capital and would cost the city the sum of $420.35. Motion by Commissioner Polichino, seconded by Commissioner Forristall, that the City Commission accept the recommendation of the City Manager and that the city join the effort by the Texas Municipal League in contesting the proposed rate increase by Southwestern Bell Telephone Company. Voting Aye: A 11 Voting No: None n Commissioner Forristall stated that she approved joining the efforts of the Texas Municipal League but would also urge a public campaign against the increase. u D n 1'2<5 TOWNHOUSE DEVELOPMENT AT BELMONT AND BELLAIRE BOULEVARD: A request from Unicenter Properties, Inc. in conjunction with the development of a townhouse project at the corner of Holcombe and Belmont was presented: We are developing a project at the corner of Holcombe and Belmont in West University and plan to build a private cul-de-sac'drive as we did at Rutgers Place I and II. I would appreciate it if you would bring the request to name this street "Belmont Oaks" before the ap- propriate committee for approval. The street will be cobblestone-like Bomanite. I am enclosing a site plan that shows the layout of the proposed street for your reference. If you have any questions or need any additional information, please call on me. Motion by Commissioner Forristall, seconded by Commissioner Polichino, that the common area cul-de-sac for a townhouse site being developed at the corner of Holcombe and Belmont be designated as "Belmont Oaks". Voting Aye: Commissioner Forristall Commissioner Jackson Commissioner Lewis Voting No: Mayor Stanley Commissioner Polichino FINAL CONSIDERATION FOR ADOPTION OF A BUDGET FOR THE CITY OF WEST IINTVFRSTTY PI Ar.F, TEXAS. FOR THE FISCAL YEAR BEGINNING JANUARY 1. 1982 AND ENDING DECEMRFR 31, 1qR? Motion by Commissioner Forristall, seconded by Commissioner Jackson, that con- sideration of Ordinance Number 1178 levying and assessing an ad valorem tax on all taxable property be delayed until Monday, August 31,1981,7:30 p.m. Voting Aye: All Voting No: None Motion by Commissioner Jackson, seconded by Commissioner Forristall, that con- sideration of Ordinance Number 1179 providing funds for the fiscal year be- ginning January 1, 1982 and ending December 31, 1982, be delayed until Monday, August 31,1981,7:30 p.m. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised that he had no legal matters for consideration by the City Commission at this time. CONCERNS OF THE CITY COMMISSION: Commissioner Polichino was advised that re-striping of Buffalo Speedway should be included on the agenda for discussion at a work- shop meeting of the City Commission. Commissioner Forristall reminded everyone of the "Splash Bash" program planned by the Parks and Recreation Board for Labory Day and requested that everyone plan to attend. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that he had no further items to report at this time. . ... .I"!.r-!"...,mrrrr,!.,' .~'I::-.J...---r' ~ I ~-.---- ....-- ~~ ,- 126 BOARD AND COMMITTEE MEETING MINUTES: Minutes of the regular meeting of the Parks and Recreation Board on August 11, 1981, were presented to the Commission for their information. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on August 10, 1981 and a Public Hearing on August 12, 1981, were presented to the Commission for consideration. Motion by Commissioner Forristall, seconded by Commissioner Polichino, that the minutes of the regular meeting of the City Commission on August 10,1981, be approved as submitted. Voting Aye: All Voting No: None Motion by Commissioner Polichino, seconded by Commissioner Jackson, that minutes of the City Commission Public Hearing on August 12, 1981, be ap- proved as submitted. 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 9:30 p.m. ATTEST: ~~~ City Secretary u o u [l o n '------ ' 127 CITY COMMISSION SPECIAL MEETING August 31, 1981 The City Commission convened in special session on Monday, August 31,1981,7:30 p~m., at the City Hall with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. HEARING OF RESIDENTS: Mr. Paul Wallin, 3311 Albans Road, advised the Commission that he was greatly concerned by a statement in his most recent copy of City Currents that two new motorcycle patrolmen would generate an estimated $70,000 each in revenue from traffic fines, noting that the end result could easily be a return of a reputation of a "Kangaroo Court" in West University. Mr. Wallin stated that it was his opinion that the police now in the department were not doing a good job inasmuch as there were too many times that the majority of the city's patrol units were parked behind the station rather than being on patrol duty. Mr. Wallin further stated that in previous years the members of the Police Department knew the kids in the area but new of- ficers were known by very few of them. Mayor Stanley responded to Mr. Wallin's remarks by noting that the proposed Police Department plan was designed to be included in the 1982 budget for implementation if revenue was generated as had been predicted. Mayor Stanley further noted that there would never be a "Kangaroo Court II in West University. Chief Robinson reviewed for those in attendance the complement of the Police Department; the fact that many times officers were on assignments other than patrol duty; the increase in traffic and traffic related accidents; the increase in areas of crime; assistance provided to residents; and the in- creased time requi red to respond to calls. Director of Finance Patric~ O'Connor stated that figures 'used in the projected increase in revenue to be generated by two motorcycle officers were conserva- tive and had been based on results obtained in other cities. Mrs. Lewis, 3614 Tangley, stated that a survey of most neighborhoods would in- dicate the majori,ty of the citizens were not. concerned but that she objected to a II pay for yourself" plan for the Police.Department; .' Commissioner Polichino advised that the 14.4% proposed increasein the 1982 budget did not involve the proposed police plan and that such plan was only an experiment that had been tried in other neighborhoods to increase traffic control. Mr. Charles McMurray, 4235 Byron, stated that most residents were aware that a tax increase was inevitable and that he would like to caution the Commission about use of motorcycles for traffic control, noting that they cannot be operated in bad weather and that there was a great danger that someone would be injured. Considerable time was spent by those in attendance at the meeting discussing the merits of the "House Watch Program" sponsored by the Police Department; the desirability of creating a "B]ock Watch Program"; the lack of publicity re- garding meetings of the Commission to discuss the proposed 1982 budget, general lack of communications in many areas; the futility of those in attendance in expressing displeasure with the proposed budget inasmuch as it had to be ::11. ~ .~. I---~.r' 1-,-"", , ,- r-----'f"' - -r 128 adopted at this meeting of the Commission; expenditures that were included in the proposed 14.4% tax increase; diligent efforts by members of the City Commission to notify everyone of each of the meetings that had been held to discuss the proposed budget; lack of interest and/or time of residents to be concerned about activities of the city; and the fact that many residents of the city are not aware of the limited tax base of West University as compared to other cities. Mayor Stanley thanked each of ' those present for their attendance at the meeting and stated that three public hearings had previously been held to discuss the proposed tax increase'and the proposed budget and every effort had been made to publicize each of the meetings. FINAL CONSIDERATION FOR ADOPTION OF A BUDGET FOR THE CITY OF WEST UNIVERSITY PLACE. TEXAS. FOR THE FISCAL YEAR BEGINNING JANUARY 1.1982 AND ENDING DECEMBER 31.1982: Ordinance Number 1178 was presented to the Commission and read in full: AN ORDINANCE LEVYING AND ASSESSING AN AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FOR THE YEAR 1981; PROVIDING THE BASIS OF ASSESSMENT OF APPRAISED VALUE AND PROVIDING FOR THE COLLECTION THEREOF AT THE RATE OF $0.455 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 col- lected by such city, a tax of $0.455 on the one-hundred ($100.00) dollar assessed tax valuation for the year 1981. Section 2. Such tax is hereby levied and assessed in accordance with the terms and provisions of Section 1 of Article 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 pur- poses to finance a certain portion of the 1982 budget, to wit: (A) For current expenses and operation of the General Wund and its various departments $ 9.415 (B) For General Debt Service Fund to pay the principal, interest and fiscal agent's fees on $1,300,000 bond issue of the city $ 0.040 Total Tax Rate $ 0.455 Section 3. That the Tax Assessor and Collector for the City of West University Place, Texas, is hereby directed to assess and collect taxes on all of the property, both real and personal, within the corporate limits of appraised valuations as herein provided. PASSED AND APPROVED THIS day of , 1 981 . u o n 129 Motion by Commissioner Polichino, seconded by Commissioner Jackson, that Ordinance Number 1178 be approved as read. n L-J Voting Aye: All Voting No: None Ordinance Number 1179 was presented to the Commission and read in full: AN ORDINANCE FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1982, AND ENDING DECEMBER 31, 1982 BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING THE NECESSARY FUNDS OUT 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 VARIOUS 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 1,1982, and ending December 31,1982. 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 [J 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 1,1982, and ending December 31,1982, the budget was prE~ared and submitted to the City Commission for its con- sideration and approval, and said budget in the total amount of $9,417,920 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 1,1982, and ending December 31, 1982, an exact copy of which is marked "Exhibit A" and 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 Gity of West University Place, Texas, as the budget for the city for the fiscal year 1982. n Section 3. That this ordinance approving and adopting a budget for the twelve-month period hereinabove specified is made in all things in accordance with the terms and provisions of the City Charter of the City of West University Place, Texas. . "l'I:::JIll'r -""" 1: L:"::::" 'T I~!:I""T'TTT"T"F" i 1::::.-~' 130 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 EXHIBIT "A" CITY OF WEST UNIVERSITY PLACE BUDGET FOR TWELVE-MONTH PERIOD BEGINNING JANUARY 1, 1982 ENDING DECEMBER 31,1982 ITEM 1 I N COM E ANTICIPATED INCOME & FUNDS AVAILABLE FOR APPROPRIATION GENERAL FUND Property Taxes, Penalties & Interest Sales & Franchise Taxes Licenses & Permits Fines & Forfeitures Interest, Investments Rents Solid Waste Management Service Charges Miscellaneous Service Charges Colonial Park Revenue Community Building Revenue Water/Sewer Fund Reimbursement for Administrative Services Total Available Revenue - General Fund Authorized Decrease in Fund Balance WATER/SEWER FUND E.P.A. Grant Contributions Restricted Assets (1976 Bond Funds) Dedicated to Wastewater Treatment Plant Interest on Investments Miscellaneous Revenue Water Sales Sewer Fees Cash Flow From Depreciation Total Available Revenue - Water/Sewer Fund , 1981. n $ 1,475,000 526,000 71 ,500 339,000 250,000 82,000 553'0000 46,200 158,300 98,000 100,000 $ 3,699,000 $ 56,260 $ 3,100,000 934,000 100,000 33,000 540,000 340,000 95,00 I $ 5,142 ,000f 131 GENERAL DEBT SERVICE FUND Property Taxes Interest on Investments $ 140,000 16,800 Total Available Revenue - General Debt Service Fund $ 156,800 FEDERAL REVENUE SHARING TRUST FUND Interest on Investments Grant Revenue $ 8,000 67,800 Total Available Revenue - Federal Revenue Sharing Trust Fund $ 75,800 Authorized Decrease in Fund Balance $ 78,000 CAPITAL IMPROVEMENTS FUND Transfers from Federal Revenue Sharing Trust Fund Transfers from General Fund $ 153,800 56,260 Total Funds Transferred $ 210,060 ITEM I I E X PEN S E OPERATING EXPENSES GENERAL FUND $ 145,470 76,000 55,700 258,550 58,000 51,900 857,370 582,390 90,600 87,510 307,700 609,800 154,400 49,200 281,650 32,760 $ 3,699,000 Legislative/Policy Administrative/Executive Muni ci pa 1 Court Finance Personnel/Purchasing Legal Police Fire Inspection/Permit Engineering Street Solid Waste Management Building/Facilities Parks Recreation Senior Services Total Expenditure - General Fund I "'''''~lfJ'!Fo.mTIr-''''lfll~~---- --~--,-,----- "lILJJ1W' ....,.. -.. ~~r~ . I--I~"""""""''''--' I 'I: ".r" '132 Authorized Transfers to Capital Improvements Fund WATER/SEWER FUND Water Sewer Collection Sewer Treatment Depreciation Allowance Reimburse General Fund for Administrative Services Total Expenditure - Wat~r/Sewer Fund Planned Investments in Fixed Assets Total Water/Sewer Fund Expenses & Investments in Fixed Assets GENERAL DEBT SERVICE FUND Principal & Interest Fiscal Agent's Fees Total Expenditure - General Debt Service Fund FEDERAL REVENUE SHARING TRUST FUND Authorized Transfers to Capital Improvements Fund CAPITAL IMPROVEMENTS FUND Capital Outlay for General Government Functions Total Expenditure - Capital Improvements Fund GENERAL REVENUES GOVERNMENTAL INTER-FUND TRANSFERS USE OF GOVERNMENTAL FUND BALANCES ENTERPRISE FUND INCOME AND GRANTS TOTAL REVENUES, 'TRANSFERS & OTHER SOURCES OF FUNDS l $ 56,260 $ 408,000 n 95,300 135,700 95,000 100,000 $ 834,000 $ 4,308,000 $ 5,142,000 $ 156,600 200 $ 156,800 [] $ 153,800 $ 210,060 $ 210,060 $ 3,931,600 210,060 134,260 5,142,000 J $ 9,417,920 133 rl,: t! GOVERNMENTAL EXPENDITURES GOVERNMENTAL INTER-FUND TRANSFERS $ 4,065,860 210,060 ENTERPRISE FUND EXPENSES & INVESTMENTS IN FIXED ASSETS 5,142,000 TOTAL EXPENDITURES, TRANSFERS & OTHER USES OF FUNDS $ 9,417,920 Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Ordinance Number 1179 be approved as read. Commissioner Lewis stated that he was disturbed by the continued increase in expenditures of 20% in the budget from year to year and that the amount included in the budget for the police plan was an unrealistic projection of revenues. Motion amended by Commissioner Lewis, seconded by Commissioner Polichino, to return the 1982 budget to the original proposed amount of $3,504,000 and not include the $195~000 to fund the proposed police plan. n LJ Commissioner Forristall responded to Commissioner Lewis' request for a com- promise with a statement that she did not favor increasing the budget more than necessary and that previous discussions indicated.the desire of residents for more police officers and the number of police officers too low. Commissioner Jackson stated that he was in agreement with Commissioner Lewis in principal and inasmuch as the proposed police plan was not etched in stone the Commission could continue to review the program to see if it will work and if not make adjustments. Voting on the amendment to the motion to deleted $195,000 included in the proposed 1982 budget for a police plan. Voting Aye: Commissioner Lewis Voting No: Mayor Stanley Commissioner Forristall Commissioner Jackson Commissioner Polichino Motion amended by Commissioner Lewis, seconded by Commissioner Polichino that funds included in the 1982 budget to fund a police plan be reduced from $195,000 to $100,000 in both revenue and expenditure. Voting Aye: Commissioner Lewis Voting No: Mayor Stanley Commissioner Forristall Commissioner Jackson Commissioner Polichino I~ LI Voting on motion that Ordinance Number 1179 app~oving the budget for the period January 1, 1982 through December 31, 1982, be approved as read. Commissioner Lewis stated that because funds were included in the budget did not mean that they would be spent and that he would continue to monitor the city spending very frugally and that he would support the 1982 budget. .. ~,'Ir" "'~r1"'":'!nr-rlI1W" ~ ~ . .~. - ,_. 134 Voting Aye: All Voting No: None Mayor Stanley stated that he shared the concern that extreme diligence be I]' exercised i~ administration of the entire budget not only that of the Police Department. Mayor Stanley complimented members of the Commission for the hard work they had done in preparation of the budget and for maintaining decorm in all of the meetings that had been held. Commissioner Polichino reminded those in attendance that beginning in May, 1982, the budget process would be repeated and invited attendance at that time and at all regular meetings of the Commission held the second and fourth Mon- day evenings of each month. Commissioner Jackson stated that the budget process had been a learning ex- perience for him and under Mayor Stanley's leadership had been an interesting experience. ' CONSIDERATION OF BIDS RECEIVED FOR SANITARY SEWER LIFT STATION REHABILITATION AND FORCE MAIN PROJECT: The Commission was advised that Mr. Charles W. Warner, Jr., project manager for Sanco Engineering, Inc. was in attendance at.the meeting as was Mr. Don Conrad of BRH Company, Inc. Mr. Warner presented the following recommendation: SancoEngineering Incorporated has reviewed the bids submitted to the City for "Construction of Sanitary Sewer Lift Stat,ion Rehabil ita- tion and New Force Main, Job No. 80-02711. A requirement-of funding participation by the Environmental Protection Agency (EPA) is,that 0'11 constructioncbntracts be awarded to the lowest responsive, responsi- ble bidder. Therefore, it is recommended that the contract be tenta- tively awarded t~ BRH Company, Inc., the low bidders for this project. Final award of the contract is subject to the approval of the Texas Department of Wat~r Resources and the EPA. If you have any que~tions or need further information regarding this recommendation, pleas,e feel free to contact us. Motion by Commissioner Lewis, seconded by Commissioner Forristall, that the City Commission accept the recommendation of Sanco Engineering, Inc. and award a contract tentatively subject to approval by the EPA and Texas Dept. of Water Resources. Mr. Don Conrad of BRH Company, Inc. stated that the reason he attended the meet- ing was to tell the Mayor and Commission that his company is unhappy with their bid. Mr. Conrad further stated that the specifications had been misrepresented and subsequent to his request that Mr. Rockenbaugh study the specifications and make a recommendation to the Commission he had been instructed to attend the meeting. Mr. Conrad advised that the force main which goes down Duke Street has required stabilized cement sand backfi.ll and the specifications had been interpreted that they could use the earth that'was removed when the line was laid as backfill, noting that approximately $100,000 would be required to use stabilized cement sand backfill. i~ U 135 Mr. Rockenbaugh stated that he had discussed this with Mr. Conrad, Mr. Sanchez of SancoEngineeringand Mr. DieterUfer of Bayshore Engineers, Inc. and that he had been assured by the consultant that this provision was clear in the plans "and specifications. Members of the Commission were requested to add the total bid price of $609,560.00 to the motion to tentatively award a contract to BRH Company, Inc. Motion amended by Commissioner Lewis, seconded by Commissioner Jackson, that the motion to accept the bid of BRH Company, Inc. include the contract price of $609,560.00. o Mr. Conrad stated that there was a sum of $lOO~OOO between his low bid and the next low bid and another $100,000 between the second and third low bidder, and it was his hope. that a referee or umpire be designated to look into the bids. Mr. Conrad.further stated that it was his understanding that the second low bidder had also requested that his bid be withdrawn because of confusion with the specifications. In response to a request by City Attorney David Allums as to the nature of the apparent misunderstanding Mr. Conrad stated that the plans and specifications were clear but that the requirement that concrete stablized, sand be used for backfill had been misinterpreted. Mr. Allums advised that the city had two major conflicts, 1) that the purpose of having bids submitted was to obtain competitive bids to permit the city to obtain. the best price and that a pre-bid conference had been held to clarify any questions any bidder might have and that the Commission was obligated to go forward and award the bid to the lowest qualified bidder and re-submission for bids would be unfair to other bidders; and, 2) under regulations of the EPA and the Texas Department of Water Resources if a contract is not awarded to the lowest qualified bidder, then the city must suffer the difference in the bid of the second bidder with no reimbursable cost difference. In response to questions by Mr. Allums, Mr. Conrad stated that he did not attend the pre-bid conference because he did not have any problems with the plans and specifications and that he was a qualified bidder having done many such projects over the past ten year period. Voting on the amended motion that the City Commission award a contract to BRH Company, Inc. in the amount of $609,560.00 for list station rehabilitation and force main construction tenatively subject to approval of the Texas Department of Water Resources and EPA. Voting Aye: All Voting No: None ,~ I \ [I LEGAL MATTERS: City Attorney David Allums advised the Commission that he had no legal matters for consideration by the Commission at this time. CONCERNS OF THE CITY COMMISSION: Commissioner Lewis reviewed recent changes in tax laws including the creation of IRA accounts into which anyone can invest $2,000 tax free in interest; change in maximum tax on unearned income from 70% to 50%; and more competition with the small investor. Commissioner Lewis noted that these changes would mean that interest rates will go up and will make it more difficult for the city to borrow money in the future. Commissioner Lewis re- quested that spending be restrained as much as possible. .:rr. -~' l..::!'~'P WI~""""','~ ~~y 136 Commissioner Forristall stated that she was concerned about recent press coverage by the Suburbia-Reporter stating that residents had lambasted a 14.4% tax increase proposal when in truth that was not what happened, and only one person spoke against the proposal. Commissioner Forristall advised Suburbia- Reporter Ed Conaway who was in attendance at the meeting that she was not very pleased with that type journalism. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that water well #5 would be viewed by TV on Tuesday because of rain on Monday and that while Layne-Western was on location a look could be taken at water well #4 in which the operating level had dropped with a possibility of lowering the bowl 40' to get better static head. Motion by Commissioner Forristall, seconded by Commissioner Lewis, that the City Manager be authorized to expend up to $5,000 on an emergency basis on rehabilitation of water well #4. Voting Aye: All Voting No: None 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. ATTEST: ~~ City Secretary '1 J o u r: r I L-! r---'"' LI 137 REGULAR CITY COMMISSION MEETING September 14, 1981 The City Commission convened in regular session at the City Hall on Monday, September 14, 1981, 7:30 p.m., with the fOllowing members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Manager was also present. Commi ss i oner Jackson 1 ed those in attendance in the Pl edge of All egi ance. HEARING OF RESIDENTS: Mrs. Hazel Pitts, 4148 Riley, was advised that further discussion of a student loan program would be scheduled as an agenda item for the regular meeting of the City Commission on September 28, 1981. Mrs. Pitts was advised that the City Attorney was investigating the program to provide input to the Commission and that such investigation would include any benefits to the city. Mrs. Pitts was assured that in the event the city did sponsor such program there would be no cost to the city or its citizens. Mr. Robert Kendrick, 6324 Rutgers, requested that consideration be given to amending the Zoning Ordinance inasmuch as the enabling legislation passed in 1927 and the basis for Section 3, Paragraph 2 had been repealed in 1976. Mr. Kendrick was advised that his request would be given to the City Attorney. MUNICIPAL COURT ASSOCIATE JUDGES AND PROSECUTOR: In accordance with provisions of the City Charter consideration was given to the re.;..appointment of Associates of the Municipal Court. Motion.by Commissioner Jackson, seconded by Commissioner Forristall, that Michael Schneider and Terry Collins be re-appointed Associate Judges of the Municipal Court, and Thomas Taylor be re-appointed Associate Prosecutor of the Municipal Court. Voting Aye: All Voting No: None UTILITY BILLING ENVELOPES: The following recommendation was presented for the purchase of 72,000 #10 envelopes and 72,000 #7-3/4 envelopes for utility billing: The bids submitted on the Finance Department's envelopes have been reviewed and it is my recommendation that the low bid submitted by Federal Envelope in the amount of $2,013.84, be accepted. I have spoken with Mr. Lou Rothman of Federal Envelope and he assures me that all specifications will be met. Should you require any additional information, please do not hesitate to ask. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Commission accept the recommendation of the Purchasing Director and purchase 72,000 #10 envelopes and 72,000 #7-3/4 envelopes from Federal Enve- lope Company on their low bid of $2,013.84. Voting Aye: All Voting No: None SPECIAL CITY ELECTION: Discussion of this item was delayed pending arrival of the City Attorney. 1----"", =,.......- -. ~---~ 138 RESIDENTIAL HOMESTEAD TAX EXEMPTION: Ordinance Number 1181 was presented to the Commission and read in full: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERISTY PLACE, TEXAS, BY AMENDING SECTION 22-3; PROVIDING THAT IF THE TAXPAYER FILES A SWORN APPLICATION WITH THE TAX ASSESSOR DURING THE TAX YEAR ESTABLISHING THAT HIS PROPERTY IS A RESIDENCE HOMESTEAD AND IS OWNED AND OCCUPIED BY PERSONS 65 YEARS OF AGE OR OLDER THAT FORTY-TWO THOUSAND EIGHT HUNDRED AND FIFTY (42,850) DOLLARS OF THE ASSESSED VALUATION OF SUCH HOMESTEAD SHALL BE EXEMPT FROM TAXATION; AND PROVID- ING AN EFFECTIVE DATE. J BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 22-3 of the Code of Ordinances of the City of,WestUniversity Place, Texas, is hereby amended so that hereafter said Section 22-3 shall read as follows: "Section 22-3. Homestead tax exemption for elderly. If a taxpayer files a sworn application for homestead exemption With the tax assessor at any time up to and including the last day of December of a tax year estab- lishing that his property is a residence homestead owned [','] and occupied by persons 65 years of age or older, forty- two thousand eight hundred fifty dollars ($42,850) of the assessed value of such homestead shall be exempted from ad valorem taxes as assessed and levied for that year. Application forms may be furnished by the Tax Assessor and Collector." Section 2. 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 , 1981. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that Ordi- nance Number 1181 be approved as read. Voting Aye: All Voting No: None The City Attorney arrived at the meeting at this time. Mayor Stanley advised Mr. Allums of the question F.aised by Mr. Robert Kendrick regarding amending the Zoning Ordinance with Mr. Allums responding that he would discuss the matter with Mr. Kendrick. SPECIAL CITY ELECTION: Ordinance Number 1180 was presented to the Commission llf~ and read in full: 139 n AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, ON THE QUESTION OF WHETHER THE CHARTER FRAMED BY THE CHARTER COMMISSION SHALL BE ADOPTED AS THE HOME RULE CHARTER OF SAID CITY; DESIGNATING THE PLACES AT WHICH SAID ELECTION IS TO BE HELD; APPOINTING ELECTION OF- FICIALS FOR SUCH ELECTION; AND CONTAINING OTHER PROVISIONS RELATING TO SUCH ELECTION WHEREAS, the City Commission of the City of West University Place, Texas, adopted an ordinance on the 30th day of June, 1980, calling an election in and for said City on the question of whether a Commission should be chosen to frame a new Charter for said City; and WHEREAS, provision was made on the ballot for the election from the City at large of a Charter Commission of fifteen members; and WHEREAS, said election was held on the 9th day of August, 1980, in all respects in compliance with law; and WHEREAS, the returns of said election were canvassed by ordinance adopted by the City Commission on the 11th day of August, 1980, wherein it was found and declared that a majority of votes cast in said election had been cast in the affirmative; and o WHEREAS, it was also found and declared in said ordinance that the following persons had been elected as members of the Charter Commission: Elvin Ainsworth, Polly Campbell, Sue Coverstone, Ann Covert, Roland Dahlin, Bette Hord, Dwayne Lbftice, Andrew J. Martin, Jim McLaughlin, Bill Nettles, Robert R. Park, Ralph Pearson, Jr., Betty Sellers, Robert Turner, Mary Esther Young; and WHEREAS, said Charter Commission proceeded with the framing of a new Charter, and completed its work on the 24th day of August, 1981; and WHEREAS, said Commission has fixed the 3rd day of November, 1981, as the date of the election at which the Charter framed by the Charter Com- mission shall be submitted to. the qualified voters of West University Place, Texas; and NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: n Section 1. That a special election shall be held in and through- out the Gity of West University Place, Texas, on the3rd day of November, 1981, at which. election there shall be submitted to the resident qualified voters of said City, for their action thereon, the following proposition: -----,,=r'"':'~~:~f~~--- ..::J1. --~----r'"-- - ~ L-L:::::::.P " 1--1!:f11""" , ,. -, 140 SHALL THE CHARTER FRAMED BY THE CHARTER COMMISSION BE APPROVED AND ADOPTED AS THE HOME RULE CHARTER OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS? !~ Section 2. That said election shall be held in each of the 'J' election precincts within said City and the polling places and election officials for each of said precincts shall be, respectively, as follows: Votinq Precinct #183 West University Place Community Building 6104 Auden Sally McCandless Stanley McCandless Votinq Precinct #133 West University Place City Hall 3800 University Boulevard Allan Goldstein Ronda Feinberg Presiding Judge Alternate Presiding Judge Presiding Judge Alternate Presiding Judge Votinq Precinct #87 West Univesity Elementary School . . '3756 University Boulevard Vincent Fromen William Watson Presiding Judge Alternate Presiding Judge = Votin~ 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. Section 3. That it is found and declared that it is impractic- able to segregate each subject so that the voter may vote "Yes" or "No" on the same for the reason that the Charter is so constructed that, in order to enable it to work and function, it is necessary that it should be adopted in its entirety. Section 4. That said election shall be held in accordance with the Constitution and Laws of the State of Texas, and all duly qualified resident electors of the City of West University Place, Texas, shall be qualified to vote. Section 5. That the ballots of said election shall conform to the requir~rnents of the E~ection Code of the St~te of Texas (Chapter 492, L1 Acts of the Flfty-second Leglslature, Regular Sesslon 1951, as amended), and the language to be printed thereon shall include the following: I 141 OFFICIAL BALLOT r Place an "X" in the square beside the statement indicating the way you wish to vote. () Yes () No SHALL THE CHARTER FRAMED BY THE CHARTER COMMISSION BE APPROVED AND ADOPTED AS THE HOME RULE CHARTER OF THE CITY OF WEST UNI- VERSITY PLACE, TEXAS? [ Section 6. That the City Secretary is hereby authorized and directed, not less than thirty days prior to the date of said election, to mail a copy of the proposed Charter as framed by the Charter Commis- sion to each qualified voter in the City of West University Place as ap- pears from the Tax Collector's rolls for the year ending the 31st day of January preceding said election. Section 7. That in addition to the mailing of copies of the proposed Charter as provided in Section 6 hereof, notice of the election hereby authorized and called shall be given by (a) the publication of a notice, a substantial copy of this ordinance in The Houston Chronicle, and notice shall be published on the same day in eactlof two consecutlVe weeks, the first publication to be at least 30 full days prior to the 3rd day of November, 1981, the date of said election, anct.-(b-)~'p-(')sting a copy o.f'suchnotice at the City Hall and at a public place in each of the elec- tion precincts of the City at least 30 full days prior to the date of said election. It is hereby found and determined that The Houston Chronicle is a newspaper which has heretofore been designated as a newspaper of general circulation within said City. Section 8. Absentee voting shall be conducted by Lee Lockard, City Secretary, and the place at which the absentee voting shall be con- ducted 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 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 Secre- tary'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 with language as set forth in Section 5 herein. PASSED AND APPROVED this day of , 1 981. 1'1 I I I i Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Ordinance Number 1180 be approved as read. Voting Aye: All Voting No: None 1____ . '" 142 BOARD MEMBER SELECTION HCAD: Resolution Number 81-32 was presented to the Com- mission and read in full: WHEREAS, the Harris County Appraisal District was created bY:], the provisions of the Texas Property Tax Code ahd is charged with the . responsibility of performing, in the time and manner set forth in such Code, various functions relating to the appraisal of property for ad valorem tax purposes by all taxing units within such District; and WHEREAS, said District is, and shall be, governed by a Board of Directors appointed by the governing bodies of the County of Harris and the incorporated cities and towns and the school districts within such Appraisal District; and ' WHEREAS, Section 6.03 of the Property Tax Code prescribes the basic composition of such Board and the qu~lifications and the time and method of selection of its members; and WHEREAS, Section 6.031 of such Code authorizes the governing bodies of three-fourths of the taxing units that are entitled to vote on the appointment of the members of said Board to chang~,by resolutions duly adopted, the method and procedure, either or both, for appointing such Board members; and WHEREAS, this governing body of a taxing unit entitled to partici- pate in effecting a change in such 'method and procedure deems it appropriate and in the public interest to authorize and support a change in the method and procedure of appointing the members of the Board of Direct6rs of the il'~ Harris County Appraisal District: ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Board of Directors of the Harris County Appraisal District shall be composed of five members, each of whom must meet the residency requirements and shall be 'appointed for the term of office prescribed by Section 6.03(a) and6.03(b), respectively, of the Texas Property Code. Section 2. That, pursuant to the authority granted by Section 6.031 of said Code, the method and procedure for appointing the five members to such Board of Directors shall be changed from that prescribed in Section 6.03 of said Code to the following: BY WHOM APPOTNTFn a. The governing body of the County of Harris shall appoint one member to the Board. b. The governing body of the City of Houston shall appoint one member to the Board. c. The governing body of the Houston Independent School District shall appoint one member to the Board. [ o m 143 d. The governing bodies of all incorporated cities and towns, excluding the City of Houston, within the Appraisal District shall appoint one member to the Board. e. The governing bodies of all school districts, excluding the Houston Independent School District, within the Appraisal District shall appoint one member to the Board. VACANCIES ON THE BOARD In the event a vacancy occurs on the Board of Directors, the Chairman or Secretary of the Board shall give written notice thereof to the governing body of the taxing unit or units who appointed the person who vacated such position. Such notice shall be delivered to such taxing unit or units within ten days after such vacancy occurs. Within sixty days after such notification, the governing body or bodies of such taxing unit or units who initially appointed the person to the position vacated shall fill such position for the unexpired term. The method and procedure em- ployed i nappoi nti ng a person to fi 11 such vacancy shall be the same as that employed in the appointment of the person who vacated such position. Section 3. That the secretary or clerk of the governing body of this taxing unit be, and he is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the County Clerk of Harris County prior to October 1, 1981, and that said County Clerk be, and she is hereby, authorized and requested to record this resolution as an official election of the governing body of this taxing unit to change the method and procedure for appointing the members of the Board of Dir- ectors of the Harris County Appraisal District. PASSED AND APPROVED this _ day of , 1 981. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that Resolution Number 8l-32 be approved as read. . Voting Aye: All Voting No: None PHASE-IN APPRAISAL FUNCTIONS OF HCAD: Resolution Number 81-33 was presented to the Committee and read in full: WHEREAS, significant amendments were made to the Texas Property Tax Code during the course of the 67th Legislature of the State of Texas, First Called Session, 1981, all as more fully reflected in House Bill No. 30 enacted as.an emergency measure at such session and signed by the Governor on August 14, 1981; and WHEREAS, one such amendment (Section 161 of said House Bill No. 30) authorizes the governing bodies of two.;..thirds of the taxing units entitled to vote on appointment of the members of the Board of Directors of an appraisal district (counti.es, jncorporated cities and towns, and school districts) to postpone the appraisal of property for all taxing units by the appraisal district until 1984; and ~ 144 WHEREAS, said amendment provides that such decision to post- pone must be made by resolution adopted by the required number of such taxing units specifying the postponement date and filed with the secre- IJ tary of the appraisal district Board of Directors prior to October 1, 1981; and WHEREAS, subject only to those minor exceptions authorized by Section 6.02 of the Texas Property Tax Code, the boundaries of the Harris County Appraisal District are coterminous with those of Harris County and encompass approximately 300 separate taxing units; and WHEREAS, said ,taxing units are predominately urban in character and contain vast numbers of taxable properties, real and personal; and WHEREAS, the magnitude of the task of the Harris County Appraisal District in implementing the conversion of the appraisal functions of mul- 'tiple taxing units to a single appraisal unit by January 1,1982, would be awesome, formidable and difficult; and WHEREAS, because of the magnitude of such a task and all atten- dant difficulties, it is the judgment of this governing body that the best interest of taxpayers and taxing units within the district would be promoted and served if the Harris County Appraisal District were required to implement its ultimate appraisal function and responsibility over a three- yea r peri od; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: o Section 1. That it be, and it is hereby declared to be, the decision of the governing body of this taxing unit that the Harris County Appraisal District shall postpone the appraisal of property for all taxing units within such district until 1984 and that such district shall implement its appraisal function over a three-year period in a manner consistent with the provisions of the Texas Property Tax Code, to-wit: In 1982, said District shall appraise all property within the City of Houston (the most populous city in the district according to the 1980 Federal Census) and within the Houston Independent School District (the school district with the highest average daily attendance in the 1980-1981 school year) unless the Board of Directors of such District elects to allow the tax assessor for the City of Houston to appraise property in 1972 for said City and any taxing unit for which such City provides assessment or collection services by law or contract. In 1983, such District shall ap- praise all property in the City of Houston and in the Houston Independent School District and in the territory of those other school districts partici- pating in the Harris County Appraisal District which are contiguous to the Houston Independent School District. In 1982 or 1983, the Harris County Ap- praisal District may appraise all property within any other taxing unit parti- cipating in such district if requested to do so by resolution of the govern- ing body of such taxing unit delivered to the secretary of the Board of Directors of said District before October 1 of the year preceding the year n for which the appraisal is to be performed and if said request is approved by the Board of Directors of the District. From and after 1984, the Harris County Appraisal District shall appraise property for all taxing units participating in such District. 145 Section 2. That the clerk or secretary of the governing body of this taxing unit be, and he is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the secre- tary of the Board of Directors of the Harris County Appraisal District prior to October 1 , 1981 . PASSED AND APPROVED this day of , 1981. Motion by Commissioner Jackson, seconded by Commissioner Polichino, that Resolu- tinn Number 81-33 be approved as read. Voting Aye: All Voting No: None FIXED ASSETS PROGRAM: The Commission was advised that Mr. Gilbert Garcia of System Designs, Inc. had available a fixed asset program for the computer that would be beneficia 1 in maintaining records of fixed assets, insurance replacement esti- mates, etc. Such program could be leased for the sum of $500.00 and-necessary travel expenses that would be incurred by Mr. Garcia in setting up such program. Motion by Commissioner Polichino, seconded by Commissioner Jackson, that the City Commission authorize the City Manager to enter into a lease agreement with Mr. Gilbert Garcia for a fixed asset program at a cost not to exceed $500.00 plus incidential expenses. Voting Aye: All Voting No: None LEGAL MATTERS: City Manager David Allums advised the Commission that he had received a request from Mr. Marvin Bongio for the abandonment of a portion (2' x 100') of an unused utility easement that had been granted the city in 1950 by Mr. Bongio's father. Mr. Allums noted that Mr. Bongio had agreed to pay the city the sum of $100.00 for release of the easement and the Commission could authorize Mayor Stanley to execute a Quitclaim Deed to that portion of the easement. Motion by Commissioner Forristall, seconded by Mayor Stanley, that the City Commission accept the recommendation of the City Attorney and authorize the Mayor to execute a Quitclaim Deed on a 2' x 100' portion of an unused utility easement east of and parallel to the west property line of Lot 8, Block 4 of West Univer- sity Place, Section One. Voting Aye: All Voting No: None H '--' Mr. Allums was advised that further discussion on the proposed student loan program would be included on the agenda for the'regularmeeting of the City Commission on September 28, 1981. CONCERNS OF THE CITY COMMISSION: Commissioner Forristall stated that she would like to commend members of the Parks and Recreation Board on the Splash Day activities held at Colonial Park, noting that the event was well attended and approximately $1,500 raised for park and recreation activities. Commissioner Polichino.directed attention to the Senior Olympics that would be held on Friday, September 18th from 9:00 a.m. until 3:00 p.m. sponsored by the Senior Services Department and encouraged everyone to attend. .._:::rf1lIIIT"" .~---r' I r-.p,...., ~..t:=..........: 146 Mayor Stanley announced a meeting on Tuesday night with members of the Parks and Recreation Board and residents adjacent to Whitt Johnson Park and was advised by the City Attorney that the city could accept a gift of any kind U including cash, property, etc. Mr. Allums stated that he would be happy to work with any prospective donor to make the necessary arrangements. Mayor Stanley also noted that the city would retain the final decision regarding equipment, etc. that is to be placed in any of the city parks. Commissioner Jackson-advised that the Communications Committee had made plans for a second Town Hall meeting to be held on November lOth which would be devoted to a discussion of city government with various city staff members participating. Mayor Stanley advised that the Communications Committee had completed a great deal of work on the brochure it was preparing for distribution to new resi- dents, noting that any members of the Commission with additions or suggestions should contact members of the Committee inasmuch as it was desired to have the brochure published for distribution at the next Town Hall meeting. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that he had received a call from the Texas Water Quality Board advising that the city had authorization to enter into a contract with Basic Constructors, Inc. for the construction of the wastewater treatment plant and that written notification should be received in a few days. Mr. Rockenbaugh stated that he had been advised that BRH had completed the necessary documents to be forwarded to the Texas Department of Water Resources for the liftstation and force main project. In response to a .request by City Secretary Lee Lockard the City Commission 0 authorized the printing of 6,500 copies of the proposed new City Charter in order to have additional copies available at the City Hall subsequent to the _, mailing of the required copies to registered voters. Mr. Rockenbaugh advised that Layne-Western Company had moved a rig into place and that it was anticipated that both water well #4 and #5 would be repaired and back in operation within two weeks.' . Members of the Commission requested that a workshop meeting be scheduled for Monday, September 21st at 6:30 p.m. 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 August- 13, 1981 Electrical Board meeting on August 17, 1981 Zoning Board of Adjustment meeting on August 19; 1981 Parks and Recreation Board meeting on September 1,1981 CITY COMMISSION MINUTES: Minutes of the following City Commission meetings were presented for consideration: Regular City Commission meeting on August 24, 1981 Special City Commission meeting on August 31,1981 City Commission public hearing on August 20, 1981 City Commission public hearing on August 24,1981, u ~ r 147 Motion by Commissioner Forristall, seconded by Commissioner Lewis, that minutes of a special City Commission meeting on August 31,1981, be corrected to delete a reference on page four by Commissioner Forristall regarding the amount of the tax increase, and approved as corrected and supmitted. 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 9:15 p.m. ~ ATTEST: '~~~ Ci ty Secretary . ,. c. ~~" w "1-"-1 """ I . ,......- '-----' 148 . REGULAR CITY COMMISSION MEETING September 28, 1981 u The City Commission convened in regular session at the City Hall on Monday, September 28,1981,7:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. Commissioner Polichino led those in attendance in the Pledge of Allegiance. HEARING OF RESIDENTS: In response to a question from Mrs. Hazel Pitts, 4148 Riley, regarding further discussion of the proposed Student Loan Program, City Attorney David Allums advised that he had received a call from Mr. Collie and that the request that the city sponsor such program had been withdrawn. Mr. McNeese was advised that his request to reverse the stop sign at Edloe and Sunset to stop Sunset traffic would be referred to the City Manager for investigation with the Police Department and that members of the Commission would be happy to discuss such request with him at the next regular meeting. Mrs. Lexie Hazlett was advised that the city had no authority to trim trees on private property; that the hole in the fence on the west side of Poor Farm Ditch would,be looked at; and that she should call Houston Lighting and Power Company to request trimming of trees that were over power lines. Attention of the Commission was directed to trees and shrubs that block traffic signs in the 6400 block of Belmont Street. City Manager Dick Rockenbaugh advised Mayor Stanley that there was an inventory of such lo- cations in the city. ~ Mr. Frank Worley was advised that the city had only one Humane Officer and that the former employee who worked part-time at varying hours had not been replaced. Mr. Charles McMurray requested that consideration be given to increasing the speed limit on Buffalo Speedway to 35 miles per hour and that traffic lanes be marked. Mr. McMurray also requested that consideration be given to replace- ment of stop signs on streets going into Community Drive with Yield Signs. \.;. ' I' _ .' -. j WHITT JOHNSON PARK: Mrs. Susan Hawkins, 2735 Carolina Way, accompanied by Mrs. Gay Fowler, 2639 Talbot, advised the Commission that they were in attendance at the meeting to present plans of a volunteer group for improvements at Whitt Johnson Park. Mrs. Hawkins stated that the proposal had been presented to the Parks and Recreation Board and that Board members were supportive of plans to provide matching funds for the $1,500 included in the budget for improve- ments at the park. In response to Mrs. Hawkins' request for directions in which the group should not proceed, Mayor Stanley advised that staff personnel were in the process of preparing guidelines to be followed for all city parks in order that any misunderstandings could be avoided. Commissioner Polichino requested that consideration of the request be included UI on the agenda for the next City Commission workshop meeting in order to pre- clude loss of funds that had been promised for the project. n r~ n 1 I LJ 14:9 In response to a question by Commissioner Forristall regarding the plans, Mrs. Hawkins stated that the group hadvisited other city parks and neigh- boring areas and it was their desire to provide equipment unlike that pre- sently in other city parks. Commissioner Jackson thanked Mrs. Hawkins and Mrs. Fowler for their efforts on behalf of the citizens and applauded their efforts. STUDENT LOAN PROGRAM: Mayor Stanley read a letter which had been prepared acknowledging the withdrawal of a request that the City Commission sponsor a Student Loan Program. LEGAL MATTERS: City Attorney David Allums advised that he had no legal matters to bring to the attention of the Commission at this time. CONCERNS OF THE CITY COMMISSION: Commissioner Frirristall advised that she had re- ceived a call from Ms. Connie Cone of the Village Savings Association with regard to their" desire to work with the city on a public service project. This item will be included on the agenda for the next Commission workshop meeting. Commissioner Polichino expressed his concern that there were not more partici- pants in the Senior Olympics program. Following a general discussion by members of the CommiSsion regarding posting of notices of Commission meetings at the city's parks, staff personnel were instructed to post such notices on Friday afternoon and to also post a copy of the City Commission's meeting calendar. A workshop meeting of the Commission was set for 6:30 p.m., Monday, October 5th. The Commission was advised that the annual meeting of the Texas Municipal League in San Antonio would be in conflict with the second regular meeting date in October and that consideration should be given to re-scheduling the Com- missinn meeting. Motion by Commissioner Forristall, seconded by Commissioner Polichino, that .the regular City Commission meeting in October be changed from October 26, 1981, to October 19~ 1981. Voting Aye: Voting No: None Mayor Stanley advised that he was in receipt of a number of letters from citizens with problems, noting a drainage problem between the Exxon easement and Community Drive residences. STAFF REPORT: City Manager Dick Rockenbaugh advised that the Fun Run sponsored by the Studdering Clinic at the Medical Center had been well attended, was well organized and held. Mr. Rockenbaugh alsoadvi~~d that~a master swim meet had been held at Colonial Park on Saturday morning and that at the same time a number of volunteers worked at the City Hall putting labels on copies of the City Charter for mailing. .. I:. ~p "T.I~-''''''--'=''-- 150 Director of Administration Patrick O'Connor introduced Mr. Mark Pendleton who has been employed as PersonneljPurchasingmanager. Mr. Rockenbaugh advised that the staff re-organization was going very well with full cooperation from all staff members. Il U Mayor Stanley congratulated Patrick O'Connor, Patt Lilly and Frank Robinson on their promotions and congratulated Dick Rockenbaugh on an innovative program. Members of the Commission were requested to make any comments they had on the proposed brochure to be distributed to new residents as soon as possible so it could be printed. . 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 of September 10, 1981 Plumbing Board meeting of September 14, 1981 Parks and Recreation Board of September 15, 1981 Zoning Board of Adjustment meeting of September 16, 1981 Electrical Board meeting of September. 21, 1981 CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on September 14, 1981, were presented for consideration. Motion by Commissioner Forristall, seconded by Commissioner Lewis, that minutes of the regular meeting of the City Commission on September 14, 1981, 01 be corrected to reflect that Commissioner Jackson rather than Mayor Stanley advised of plans for a second Towne Hall meeting, and approved as corrected. Voting Aye: All Voting No: None ADJOURNMENT:. With no, further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:40 p.m. ATTEST: ~~ City Secretary u u n n j I I~, 151 REGULAR CITY COMMI SS ION ME ETI NG October 12, 1981 The City Commission convened in regular session at the City Hall on Monday, October 12, 1981, 7:30 p.m., with the following members present: Mayor Stanley presiding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. Mayor Stanley read excerpts from a Flag Day address by Franklin Lane and then led those in attendance in the Pledge of Allegiance. Mayor Stanley requested that Items 1 and 2 on the agenda be reversed. FIRE CHIEF BEN WILCHER TO BE HONORED FOR COMPLETION OF TWENTY-FIVE YEARS SERVICE: Reso luti on Number 81 ~34 was presented to the Commi ssi on and read in full: WHEREAS, Benjamin F. Wilcher was employed by the City of West University Place, Texas, as a Firefighter on October 1, 1956; and WHEREAS, on August 31, 1967, Ben Wilcher was promoted to the rank of Captain in the Fire Department; and WHEREAS, on November 12, 1972, Captain Ben Wilcher was honored as Fireman of the Year by the American Legion Post #77; and WHEREAS, on December 1, 1974, Ben Wilcher became Chief of the Fire Department of the City of West University Place, Texas; and WHEREAS, Ben Wilcher has brought distinction to the city through his service as an instructor at the Texas A&M University Municipal Fire School for many years; and . WHEREAS, during all of his service to the City Ben Wilcher has responded to all types and kinds of emergency situations many times under adverse conditions at night and week-ends; and WHEREAS, Ben Wilcher has been called upon by city officials and fellow employees to perform many functions unrelated to the operation of the Fire Department, always responding graciously and promptly; and WHEREAS, it is the desire of the City Commission to giverecog- nition to Ben Wilcher for the twenty-five years he has served the city and its citizens. 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 Benjamin F. Wilcher for his distinguished service to the citizens and to the city. Section 2. That the City Commission, on behalf of the citizens who know Ben Wilcher, expresses its grateful appreciation to him for his unselfish dev.otion to his duties and for the manner in which he faithfully performs his responsibilities. .::J1V-- - "L--~n .T .1 !:::..TilTlIT............-- r--,f"''''---- " 152 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 Ben Wilcher a true copy hereof, signed by each member of the City Commission. . PASSED AND APPROVED this 12th day of October, 1981. .------.., I I ,J Motion by Commissioner Forristall, seconded by Commissioner Jackson, that Resolution Number 81-34 be approved as read. Voting Aye: All Voting No: None Mayor Stanley presented Chief Wilcher the original of Resolution Number 81-34 which had been framed for the occasion and Mayor Pro-Tem Forristall presented Chief Wilcher a watch in appreciation for his twenty-five years service to the city. HEARING OF RESIDENTS: Mr. W. L. Partridge, 4040 Ruskin, advised the Commission that he appreciated being able to attend the meeting and wished that he could attend each meeting of the City Commission. Mayor Stanley announced that the next regular meeting of the City Commission would be held on Monday, October 19, 1981, rather than the regular meeting date of October 26, 1981, inasmuch as the Conference of the Texas Municipal League would be held in San Antonio on the regular meeting date. PURCHASE OF RADIOS FOR POLICE DEPARTMENT: The Commission was advised that the radios used by DPS in their motorcycle patrol program which was being dis- J' continued were not compatible with the needs of the city for its planned motorcycle program and that the prices obtained from H-GAC were very good prices and that there would be a six to eight week delivery time required. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Commission approve the purchase of one VHF radio and two UHF radios from H-GAC as part of their cooperative procurement agreement. Voting Aye: All Voting No: None COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Subsequent to the passage of a Reso- lution authorizing Mayor Stanley to enter into an agreement with Harris County for participation in the Community Development Block Grant Program new pro- cedures stipulating a three year qualification period required further con- sideration by the City Commission. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that the city join with Harris County in the Community Development Block Grant Program for a three year period. Following a discussion by members of the Commission with regard to a prohibi- tion to filing for discretionary balance funds under the Small Cities Program, it was agreed that Mr. Lester Simon, Executive Director of the Harris County Community Development Agency be invited to appear before the Commission at its rl~ next regular meeting on October 19, 1981. ~ o 153 Voting Aye: All Voting No: None WATER/SEWER LINE REPLACEMENT PROGRAM: In response to a request by the City Manager, the Commission was presented a letter agreement from Bayshore Engineers, Inc. to provide engineering consulting services from time to time in regard to the water, sewer, paving and drainage systems. Motion by Commissioner Jackson, seconded by Commissioner Polichino, that the consulting services of Bayshore Engineers, Inc. be engaged in accordance with the proposal submitted by Mr. Dieter Ufer. Voting Aye: All Voting No: None CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES: Change.Order Number 1 to add one additional sack of cement per cubic yard to correct a typographical error in the specifications for the construction of the wastewater treatment plant was presented to the Commission for consideration. Mr. Dieter Ufer explained that the $8,528.00 in Change Order #1 was an allowable cost and would be included in the 75/25 funding of the project. Motion by Commissioner Polichino, seconded by Commissioner Jackson, that the City Commission approv~ Change Order #1 in the amount of $8,528.00 required to correct a typographical error. Voting Aye: All Voting No: None Estimate #1 submitted by Basic Constructors, Inc. in the amount of $45,000 to cover bond/insuran~e coverage, move-in costs and demolition was presented for consideration. Motion by Commissioner ,Jackson, seconded by Commissioner Lewis, that the City Commission approve payment of Estimate Number 1 to Basic Constructors, Inc. in the amount of $45jOOO.00. . Voting Aye: All Voting No: None An invoice iubmitted by Bayshore Engineers, Inc. in the amount of $4,090.00 for engineering services rendered on the construction of the wastewater treatment plant was presented for consideration; Motion by Commissioner Polichino, seconded by Commissioner Jackson, that the City Commission approve payment to Bayshore Engineers, Inc.inthe amount of $4,090.00 for engineering services rendered on the wastewater treatment plant construction. Voting Aye: All Voting No: None REPAIRS TO WATER WELL #4: The Commission was advised that the bowls had been lowered on water well #4 and it was now pumPi.ng on a "need" basis and that it was hoped would continue pumping. The Commission was presented an invoice n submitted by Mr. D. E. VanBuskirk in the amount of $2,979.25 for supervision r i of the repai rs made on both water well #4 and water well #5. I i I I L! -.:;:nr-- . . ~,r-~'n 'I~'''''''---'''--------''''-- r I. ,~ """ 154 Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Commission approve payment to Mr. D. E. VanBuskirk in the amount of $2,979.25 for supervision of repairs made on water well #4 and water well #5. Voting Aye: All Voting No: None ([ U The Commission was presented an invoice in the amount of $6,496.05 submitted by Layne-Western Company for repairs made to water well #4. . , Motion by Commissioner Jackson, seconded by Commissioner Forristall, that the City Commission approve an invoice submitted by Layne-Western Company in the amount of $6,496.05 for repairs made to water well #4. Voting Aye: All Voting No: None LEGAL SERVICES,: The Commission was presented an invoice in the amount of $4,250.00 submitted by City Attorney David A11ums for legal services rendered during the months of July, August and September. Motion by Commissioner Jackson, seconded by Commissioner Polichino, that the City Commission approve payment of an invoice submitted by City Attorney David Allums in the amount of $4,250.00, for legal services rendered during the months of June, July and August. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney David Allums advised that he had no legal matters 01' for consideration by the Commission at this time, but would be prepared to discuss pending legal matters with the Commission at its workshop meeting on Saturday, October 17th. CONCERNS OF THE CITY COMMISSION: Commissioner Polichino expressed thanks to Director of Public Safety Frank Robinson on behalf of he and his wife for the watch they had maintained on his home during a trying experience. Commissioner Forristall commended the city's staff on the excellent staff reports that had been received by the Commission and to the Director of the Community Building on the Spooktacular planned for Halloween. It was noted that the Community Building activity would not be in conflict with that planned for the school. Following Commissioner Jackson's reminder of the planned Towne Hall meeting it was suggested that clarification of the date for such meeting be obtained. Mayor Stanley advised that he had received a news release from the University of Texas regarding an exhibit of memorabilia received by ex-hostage Bill Royer which was on display at the Barker Texas History Center in Austin. Mayor Stanley also noted a letter which had been received stating that the Harris County Appraisal District had adopted a phase-in plan and a letter from Di rector ofOperati ons Patt Lilly regardi ng smoke testi ng on Hroxton. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that repairs had been completed on water well #5 but problems had been encountered in the u m '----' o r: I I I ! 155 Wlrlng and conduit and an estimate had been received for repairs that would cost from $3,000 to $5,000. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Commission authorize the City Manager to have the necessary repairs made to the electrical system of water well #5. Voting Aye: All Voting No: None CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on September 28, 1981, were presented for consideration. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that minutes of the regular meeting of the City Commission on September 28,1981, be corrected to show the name of the representative of Village Savings Association to be Connie Cone and approved as corrected. Voting Aye: All Voting No: None ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried the meeting adjourned at 8:50 p.m. ATTEST: ~~ City Secretary .::J1_ '-'::~" 'T "1-:!:IFlfrm-r-T""" 1- If'T~--'- -, I 156 REGULAR CITY COMMISSION MEETING October 19, 1981 !I U The City Commission convened in regular session at the City Hall on Monday, October 19, 1981,7:30 p.m., with the following members present: Mayor Pro- Tem Forristall, presiding; Commissioner Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. Mayor Pro-Tem Forristall announced that Mayor Stanley had been delayed, but would be in attendance later in the meeting. Mayor Pro-Tem Forristall noted that on this date two-hundred (200) years ago freedom and liberty had been granted the people of this country, following by leading those in attendance in the Pledge of Allegiance to the Flag. HEARING OF RESIDENTS: None of the residents in attendance at the meeting had matters they wished to bring to the attention of the Commission. HARRIS COUNTY COMMUNITY DEVELOPMENT AGENCY: In accordance with instructions of the City Commission at its regular meeting on October 12,1981, Ms. Dorothy Davison of the Harris County Community Development Agency had been invited to appear before the Commission to explain such Agency's request that the city "opti'in" with the county in order that the city's population be included in the county's base. Mr. Bobby Washington advised the Commission that he was the city's liaison with the Agency 'and would' be happy to answer any questions. Mr. Washington reviewed briefly changes that had been made changing the annual qualification process to a three year qualification period. Mr. Washington was joined by Ms. Dorothy Oi, Davison who explained the consequence of "opting in" by the loss of eligibility to apply for Community Development Block Grant discretionary funds under the provisions of the Small Cities Program; new Federal legislation that might change administration of such funds from HUD to the State; the ability of the Agency to provide emergency grant funds for an immediate need situation; and the lack of such ability should the city not "opt in" with the county. Motion by Commissioner Lewis, seconded by Commissioner Polichino, that the City of West University Place "opt in" with the Harris County Community Development Program for fiscal years 1982, 1983 and 1984. Voting Aye: All Voting No: None Ms. Davison expressed appreciation for the opportunity to appear before the Commission, noting that she would be back for a housing workshop on a date convenient to the city to discuss that program. SANITARY SEWER LIFT STATION REHABILITATION AND FORCE MAIN PROJECT: The Commission was advised that Mr. Tom Sanchez of Sanco Engineering, Inc. and a representative of Civil Works Constructors, Inc., were in attendance at the meeting. City Manager Dick Rockenbaugh read the following letter received from the Texas Department of Water Resources: We confirm our telephone conversation of October 14, 1981, with Mr. Richard Rockenbaugh, City Manager, concurring in the award of the construction contract as set out below. As soon as the contract is u n , I ~ n Li n \ 15_7 signed, you may issue a work order that shows the date work will commence after the date of the preconstruction conference. Also, the documents listed in the enclosed CG-49, Construction Contract Information should be submitted after the conference. Contract Total Amount Contractor Lift Station Rehabilitation and New Force Main Civil Works $813,016.40 Constructors, Inc. P.O. Box 1310 Texas City, Texas 77590 (713) 948-8841 Eligible Amount $747,289.50 Please note that the construction cost which is eligible for Federal Participation is less than the total bid amount. The eligible figure is the amount of the 3rd low bid minus the bid bond amounts for both the low and 2nd low bidders. If the city chooses to pursue the bonds and is unable to recover all part of the bond amount we will consider recalculating the eligible con- tract cost. Please keep us advised concerning this matter. Please complete Schedule 11 of the enclosed Form CG-326, Construction and o.utlaySched[Jles, and subri1itit at the time of contract award. and there- after whenever actual outlays in a contract vary beyond -5% and +10% from the schedule. You should establish and submit construction schedules on Schedule 1 of the enclosed CG-326 for each contract 7 days prior to the date of the precon- struction conference. Schedule 1 will be updated for each contract at any time significant changes occur. You are reminded that requests for grant payment should be submitted monthly in accordance with the enclosed CG-58, Payment Requirements. Mr. Rockenbaugh further presented a letter from Sanco Engineering, Inc. recom- mending that a contract for the construction of sanitary sewer lift station rehabilitation and new force main be awarded to Civil Works Constructors, Inc. Mayor Stanley arrived at the meeting at this time. Motion by Commissioner Polichino, seconded by Commissioner Lewis, that the City Commission rescind action taken in regular session on August 31, 1981, to accept the recommendation of Sanco Engr., Inc. to tentatively award a contract, subject to approval by the EPA and TDWR, to BRH Company. Voting Aye: All Voting No: None Motion by Commissioner Polichino, seconded by Commissioner Lewis, that the City Commission declare the low bidder, BRH Company, Inc., and second low bidder, Minnick Construction Company, in default on the project for failure to submit required documentation. Voting Aye: All Voting No: None "~"Jr. :rr~~~------.---' ."""LL:....,-rn r-.:::::f~~r- ,..,.-----rrr,..---.~~T 158 Motion by Commissioner Lewis, seconded by Commissioner Forristall, that a contract be awarded to Civil Works Constructors, Inc. for the rehabilitation of sanitary sewer lift stations and construction of a new force main in the amount of $813,016.50. Voting Aye: All Voting No: None Mr. Sanchez advised the Commission that he had the necessary contracts and after execution by Civil Works Constructors, Inc. they would be returned to the city. Motion by Commissioner Jackson, seconded by Commissioner Polichino, that the City Attorney be authorized by the City Commission to pursue capture of bid bonds from BRH Company, Inc. and Minnick Constructi.on Company.' . '. ,I Voting Aye: All Voting No: None 11 , I I I LJ LEGAL MATTERS: City Attorney David Allums presented an Agreement for Joint Use of Voting Machines and Sharing of Election Expenses between Harris County and the City. Mr. Allums stated that the Agreement provided for Harris County to conduct the election and to charge the city a pro-rata cost of the expense in- volved. . Mr. Allums also noted that he had reviewed the Agreement and it ap- peared to be in order to him. With consent of all members of the Commission, Mayor Stanley executed the Agreement. Mayor Stanley noted that at,a workshop meeting held on Saturday, October 17th the City Commission met with the City Attorney to discuss pending legal matters and expressed his appreciation for information and assistance by the 0: , City Attorney and City Manager. COMMISSION CONCERNS: Commissioner Polichino was advised that he would be furnished copies of the policy which had been established regarding funds for park im- provements for distribution to members of the Whitt Johnson Park group. In response to a question by Commissioner Polichino regarding a problem with dogs running loose and the possiblity of Chief Robinson scrambling.the work schedule of the Humane Officer, Mr. Rockenbaugh responded that a new officer had been employed and efforts made to fill a part-time position. Commissioner Forristall advised that part of the discussion at'a workshop meeting of the Commission held on Saturday, October 17,1981, was the employ- ment of an auditing firm to audit the city's records and accounts for the year 1981 . Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Commission authorize the employment of Earl Lairson Company to audit the city's'records and accounts for the fiscal year 1981. Voting Aye: All Voting No: None Commissioner Forristall reminded everyone of the Spooktacular to be held at the Community Building and urged that everyone attend. Commissioner Lewis read an article that appeared in the September, 1981, issue of Texas Town & Cities magazine entitled, "Cities 'Wasting' Grant Funds" and u 159 citing instances discovered by the General Accounting Office of the wasting of Community Development Grant Funds. n Commissioner Jackson stated that as a rare historic occasion he would like to compliment Suburbia-Reporter reporter Ed Conaway on the excellent story on the operation of the city. City Attorney DavidpAllumsreminded everyone of the election to be held on November 3, 1981, on the proposed City Charter. No members of the Commission could provide input to Commissioner Lewis regard.,.. ing the proposed Constitutional Amendment #4 which provides for a fund comprised of surplus st~te funds for the creation of a Water Trust Fund. Commissioner Forristal1 advised Commissioner Lewis that a meeting would be sponsored by the H-GAC on Wednesday at 9:30 a.m. to discuss Amendment #4. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that it was hoped that the necessary repairs will be made to the inflatable structure at the swimming pool and that it can be re-installed during the early part of November. Mr. Rockenbaugh further advised that the diving boards and stands previously purchased should be installed prior to the erection of the bubble and that three bids had been obtained for such installation. Bids were: #4,573, $4,760 and an alternate bid of $3,285 to break out only 2"of concrete and weld the new stands to the old bases. Mr. O'Connor advised that the al- ternatebid seemed the best approach to the installation, but cautioned that such procedure mi ght be determi ned unfeas i bl e when the concre,te"was' 1broken out and the condition of the old bases determined. I~ Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the ~I City Commission authorize expenditures for the installation of swimming pool stands and diving boards in the amount of $3,285, with a total expenditure of not more than $4,760. Voting Aye: All Voting No: None Mayor Stanley stated that he had visited the wastewater treatment plant and that the demolition of the trickling filter had been completed and with the erection of stakes it could be assumed that construction will soon start. City Manager Rockenbaugh was requested to furnish members of the Commission a schedule of the proposed construction. Mr. Rockenbaugh advised that it was anticipated that work on the electrical system of Water Well #5 will be complete by the middle of the week and the check valve repairs would be completed prior to that. BOARD AND COMMITTEE MEETING MINUTES: Minutes of the regular meeting of the Zoning and Planning Commission on October 8, 1981, were presented to the Commission for their information. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on October 12, 1981, were presented to the Commission for consideration. l I I --~.--""""""f"'~"""!':'!r"-~~F - ..~_..."...",~ 160 Motion by Commissioner Forristall, seconded by Commissioner Lewis, that minutes of the regular meeting of the City Commission on October 12, 1981, be approved as submitted. Voting Aye: All Voting No: None u ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:50 p.m. ATTEST: ~. c%J/~ City Secretary , ~ Mayor - -- o u n I 161 REGULAR CITY COMMISSION MEETING November 9, 1981 , The City Commission convened in regular session at the City Hall on Monday, November 9, 1981, 7:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Lewis and Polichino. The City Attorney and City Manager were also present. Commissioner Jackson was absent. Mayor Stanley announced the disposition of opening remarks due to the' absence of Commissioner Jackson. HEARING OF RESIDENTS: In response to a statement by Ms. Joan McCay, 3029 Carnegi e, that the re-organization of the city into three Divisions was in violation of the City Charter, and that as a result of the promotion of Chief Robinson, there had been seven resignations in the Police Depa~tment, Mayor Stanley advised that such re-organization was not in violation of the City Charter; that Chief Robinson still serves as Police Chief; and that there had ben no change in the city's administration. Chief Robinson advised that Police Department resignations were the lowest they had been in a number of years. CITIZEN AWARDS: Director of Public Safety Frank Robinson advised that it was the desire of the Police Department and Police Association to recognize three citizens of the city who had been instrumental in helping the Department as crime watchers. Mike Van Deelen: On December 30, 1980 at approximately 1:00 a.m. Mr. VanDeelen heard a noise like that of a hub cap falling from a car. Mr. Van Deelen saw a suspect taking a hub cap from his car and chased after the suspect for four blocks at which time he caught the suspect and held him until the police could arrive. Eloise Lawler: On January 29, 1981 at approximately 12:30 p.m. Mrs. Eloise Lawler was home for lunch when she observed ,a suspicious male walking up the driveways of residents in West University Place. Mrs. Lawler called the police and gave an excellent description of the suspect and his direction of travel. With this information the police were able to locate the suspect and found a home that he had attempted to burglarize. Coy Stewart: On September 19, 1981 at approximately 11 :10 a.m. Mr. Stewart heard his dog barking and he looked into his neighbor's drive- way and saw an unfamiliar vehicle parked there. He then heard glass break and saw a man attempting to break into the home. Mr. Stewart called the police and gave description of the suspect and the license plate on the vehicle and its direction of travel~ Within minutes the vehicle was located and the suspect was apprehended and charged with two counts of burglary. The suspect was alsowanted.for burglary by the Houston Police De- partment. Chief Robinson, assisted by Mayor Stanley and Police Association President Vicki Ruhman presented each.with beautiful plaques commemorating the event. HOUSTON LIGHTING & POWER ,COMPANY RATE INCREASE: Mr. J.A. Lopez, Bellaire District Manager, Houston Lighting & Power Company, advised the Commission that he was '"ll U::UII ~. ,. I I... . ...:11. -,-------r -. L-L:::;-,..-r-r 'I!:]"~! ~rrr- 162 in attendance at the meeting to review the current status of an application which had been filed by Houston Lighting & Power Company with the Public Utility Commission for a rate increase. Mr. Lopez reviewed action of the PUC in its final order approving an increase in rates for Houston Lighting and Power Company, noting that under the pro- vision of the PUC Regulatory Act a utility could put into effect rates under bond and that such rates became effective in West University on November 9th. In response to questions by me~bers of, the Commission, Mr. Lopez reviewed action taken by the City of Houston whereby a recommendation had been made by staff and consultants to grant an increase of $135 million. Mr. Lopez stated that final action by the Houston City Council is expected during the next week. Mr. Lopez advised the Commission that his recommendation would be that the City Commission accept the Final Order of the PUC. Mayor Stanley expressed appreciation to Mr. Lopez for his presentation and re- minded Commission members that the 120-day suspension of the rate increase would continue in effect until December 8th. ' WASTEWATER TREATMENT FACTI TTY-Estimate #2, in ,the amount of $69,974.10, submitted by Basic Constructors, Inc. for work completed to date on the construction of a new wastewater treatment facility was presented for consideration. Mayor Stanley read the following letter received from Texas Department of Water Resources: J An inspection of the City of West University Construction Grant Project II,] was conducted on October 27,1981, by Gus Garcia, Assistant District Supervisor, District 13. Progress appeared to be satisfactory. Our inspection report is enclosed for your review. If you have .any questions, please contact Gus Garcia at our District 13 office (713) 367-9870. Mayor Stanley noted that the inspection report included a recommendation that payment be made to the contractor when requested. Motion by Commissioner Lewis, seconded by Commissioner Polichino, that the City Commission approve for payment Estimate #2 submitted by Basic Constructors, Inc. in the amount of $69,974.10. Voting Aye: All Voting No: None CANVASS ELECTION RFTIJRNS. The returns of a Charter Election held on Tuesday, November 3, 1981, submitted in sealed envelopes to the attention of the Mayor, were presented to and opened by Mayor Stanley. The results, as certified by the Precinct Judges, were read by the Mayor and canvassed by the City Commission, whereupon Mayor Stanley requested that City Attorney David Allums read Resolution Number 81-35. WHEREAS, in accordance with the laws of the State of Texas, the Charter of the City of West University Place, and Ordinance Number 1180 adopted pursuant thereto, an election was held within and for said City of November 3,1981, for the purpose of permitting the qualified il U 16,3 voters of the City of West University Place to vote for or against the adoption of a new Home Rule Charter; 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, to the Mayor and City Commission of the City of West University Place, Texas; and WHEREAS, the Mayor and City Commission of the City of West Univer- sity Place, Texas, in regular session;> assembled on November 9, 1981, 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 as a result of such examination and canvass, said Mayor and City Commissioners find that at such election the following votes were case: Precinct Precinct Precinct Precinct 15 87 133 183 o "SHALL THE CHARTER FRAMED BY THE CHARTER COMMISSION BE AP- PROVED AS THE HOME RULE CHARTER OF THE CITY OF WEST UNIVERSITY PLACE AGAINST: "SHALL THE CHARTER FRAMED BY THE CHARTER COMMISSION BE APPROVED AND ADOPTED AS THE. HOME RULE CHARTER OF THE CITY OF WEST UNI- VERSITY PLACE, TEXAS?" 422 498 356 637 FOR: 291 277 239 331 WHEREAS, as a result of such election, it was determined that 1,138 votes were cast FOR the adoption of a new Home Rule Charter and 1,913 votes were cast AGAINST the adoption of a new Home Rule Charter. 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 THE CHARTER FRAMED BY THE CHARTER COMMISSION SHALL NOT BE APPROVED AND ADOPTED AS THE HOME RULE CHARTER OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS. Section 2. That this Resolution 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 , 1 981 . ~~ Motion by Commissioner Forristall, seconded by Commissioner Polichino, that Resolution Number 81-35 be approved as read. Voting Aye: All Voting No: None -31. . " 'L" l...~T- rr , r"~'r- ~n" 164 CHARTER ELECTION ABSENTEE BALLOTS: . The Commission was presented the following re- port submitted by the City Secretary regarding absentee ballots: 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. 'I I i '---' Inasmuch as votin9 machines are used in each of the city's voting precincts this article does not apply to the polling plac~s other than the City Secretary's office which is used to conduct absentee voting~ Morin Printing Company printed and delivered one~hundred (lOO)'Paper ballots (consecutive numbers from 001 to 100). There was a total of 56 absentee ballots cast, and one (1) was mailed but not returned prior to the election. There were no defectively printed, defaced, and/or mutilated ballots. PROFESSIONAL SERVICES REND R D sented an invoice in the amount of professional services rendered as a Commission. . The Commission was pre- 7,800.00 submitted by Olson & Olson for consultant to members of the Charter The Commission was advised that the Chairman of the Charter Commission, City Attorney and City Secretary had each reviewed the invoice and recommended its payment. I , Motion by Commissioner Polichino, seconded by Commissioner Forristall, that an invoice submitted by Olson & Olson in the amount of $7,800 for professional services rendered to the Charter Commission be approved for payment. ~ Voting Aye: All Voting No: None HARRIS COUNTY APPRAISAL DISTRICT: The Commission was advised that consideration of Resolution Number 81-36 was not necessary inasmuch as the Commission had pre- viously taken action to determine the method of election of the Board of Directors of the Harris County Appraisal District. The Commission was further advised that the only action required at this time was the nomination of one of two candidates for representative of small cities on the Board of Directors. Motion by Commissioner Lewis, seconded by Commissioner Forristall, that the City of West University Place cast its ballot for Fred Hartman as a Director of the Harris County Appraisal District. Commissioner Polichino was assured that his involvement with the Bay town Sun did not constitute a conflict of interest. Voting Aye: All Voting No: None RESIGNATION OF DIRECTOR OF ADMINISTRATION. Resolution Number 81-37 was presented to the Commission and read in full: , I I I IJ II o n 165 WHEREAS, on June 5, 1979, Patrick O'Connor was appointed City Treasurer of the City of West University Place, Texas; and WHEREAS, on September 15,1981, Patrick O'Connor was promoted to Director of Administration of the city; and WHEREAS, Mr. O'Connor has demonstrated his expertise in the field of ,finance by his capable management of the finances of the city; and WHEREAS, Pat O'Connor has further demonstrated outstanding ex- pertise in the field of computer science in the installation, operation and success of a new computer installation for the city; and WHEREAS, Pat O'Connor has submitted his resignation from the city's staff effective on November 20, 1981; and WHEREAS, the City Commission desires to give recognition to Patrick O'Connor for his excellent, energetic and efficient 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 Patrick O'Connor for his distinguished service to the city and its citizens. Section 2. That the City Commission, on behalf of all citizens, staff personnel and city officials, expre.sses its grateful appreciation 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 signed by each member of the City Commission and that the Mayor be, and he is hereby, authorized to deliver to Patrick O'Connor a true copy hereof. PASSED AND APPROVED this 9th day of November, 1981. Motion by Commissioner Forristall, seconded by Commissioner Lewis, that Resolu- tion Number 81-37 be approved as read. Voting Aye: All Voting No: None Mayor Stanley presented Mr. O'Connor the original copy of Resolution Number 81~37 which had been framed for the occasion, expressing appreciation for the work he had done for the city. LEGAL MATTERS: In response to a question by Mayor Stanley, City Attorney David Allums advi sed that he would have ordinances on an amendment to the Health Ordinance, warrants and trees, hedges and shrubs for consideration by the Commission at its next meeting. Mr. Allums further advised that bonding companies for the two low bidders on the sanitary liftplant rehabilitation project had been put on notice that the City is looking to them for bonds on the project. n_-"''''-'ft"''= I "1: ".! "'I' !I'~..l~i'" .-------,---- .__M_ ----,---. ___"n)....-,------,_--_.-------_._- ~~..-, ..I::..-::L-......o.."" "" T , ... -~ , I 166 CONCERNS OF THE CITY COMMISSION: Commissioner Forristall requested that the City Manager furnish members of the Commission a time-table for different stages of construction at the wastewater treatment plant. Commissioner Forristall stated that she thought it imperative that the city have a new Home Rule Charter, particularly the portion which controls money in case the city has to borrow money. u Mayor Stanley stated that the time of compromise was upon the city in view of objections to provisions of the new Charter brought out in days preceding the election. Commissioner Lewis stated the biggest problem would be finding people to work on the new Charter in view of the concerted effort of opposition to the Charter which had been proposed. Commissioner Lewis further stated that he felt an obligation of the city to proceed immediately for the adoption of a new Charter inasmuch as it was impossible for the city to borrow a dime under the current Charter. Commissioner Polichino stated that he had been out of the city during the election visiting former residents of the city who could not believe that the Charter had not been approved. Commissioner Polichino expressed his concerns over phone calls he had received from residents who would not identify themselves and a letter signed by a concerned citizen which had been widely distributed. STAFF REPORT: City Manager Dick Rockenbaugh expressed appreciation for the 0 privilege of working with Director of Administration Pat OIConnor, noting , that he had been a dedicated, loyal employee. Mr. Rockenbaugh advised the Commission that he had received a request from the Director of Public Safety for an auction to dispose of bicycles which had been unclaimed in the Police Department for more than thirty days. Motion by Commissioner Lewis, seconded by Commissioner Polichino, that the City Commission authorize an auction of bicycles held in excess of thirty days on December 5, 1981. 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: Parks and Recreation Board meeting on October 13, 1981 Electrical Board meeting on October 19, 1981 CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on October 19, 1981, were presented to the Commission for consideration. Motion by Commissioner Polichino, seconded by Commissioner Lewis, that minutes of the regular meeting of the City Commission on October 19,1981, be approved as submitted. u n n 167 Voting Aye: All Voting No: None ADJOURNMENT: With no further business to come before the Commission at this time upon motion duly made, seconded and carried, the meeting adjourned at 8:50 p.m. ATTEST: ~~~ City Secretary' , - ......-- I -"~"~,.., I-.-l-::::r~"""-- ..-- 'rrr ., ,-- -'1 168 REGULAR CITY COMMISSION MEETING November 23, 1981 The City Commission convened in regular session at the City Hall on Monday, n November 23, 1981,7:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson and Lewis. The City Attorney and City Manager were also present. Commissioner Polichino was ill. Commissioner Lewis reminded those in attendance that this was the week of Thanks- giving, notingtha't he was thankful for the privilege of assembling and being thankful to live in the city. Commissioner Lewis then led everyone in the Pledge of Allegiance to the Flag. HEARING OF RESIDENTS: In response to a question from Ms. Joan McCay, 3029 Carnegie, regarding the legality of the recent organizational re-allignment and her request that Mayor Stanley cite chapter and verse of the current Charter per- mitting such reorganization, Mayor Stanley responded that the re-allignment had been discussed with the City Attorney and that such re-allignment was legal. Mrs. Jean McDaniel, 2733 Werlein, stated that she had read with interest an article in the Suburbia-Reporter following the last meeting of the Commission when it had been stated that there was no reason the adoption of a new City Charter could not be put on the ballot as often as necessary until passed, adding that she was concerned that Mr. Reiger had been gaveled down at such meeting. Mayor Stanley advised that members of the Commission were discussing the mailing of a letter to each residence in the city outlining what the Commission sees as some of the reasons why the city needs a new Charter; 0 some of the major objections to the Charter had been proposed; and concluding with a question regarding interest in submitting individual names as candidates for service on a Charter Commission. Mrs. Robert Blount, 4120 University, stated that most residents were not against a new Charter but were very opposed to any planned deannexation or de-zoning. Mr. Ferd Reiger, 6516 Brompton Road, was advised that volunteers interested in filing as a candidate for election as a member of the Charter Commission would be advised of the dates within which such applications will be filed. HOUSTON LIGHTING & POWER COMPANY RATE INCREASE REQUEST: Mayor Stanley advised the Commission that the original 120-day suspension of the rate increase filed by Houston Lighting & Power Company with the Public Utilities Commission would expire on December 8, 1981, and the Commission could agree with the original request, do nothing or extend the suspension for an additional 30-day period. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Commission extend the suspension of the rate increase requested by Houston Light & Power Company for an additional thirty-day period. Voting Aye: All Voting No: None n Resolution Number 81-38 was presented to the Commission and read in full: WHEREAS, on July 6, 1981, Houston Lighting & Power Company filed n o n 169 a Statement of Intent to change its rates for electric service within the City of West University Place and requested that said changes become ef- fective on August 10, 1981; and WHEREAS, on July 27, 1981, the City of West University Place suspended for a period of 120 days beyond said proposed effective date the changes in rates for electric service within the city until December 8, 1981; and WHEREAS, the city has the option to extend such changes in rates for an additional 30 days. 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 be;..; come effective August 10, 1981, and suspended by the city until December 8, 1981, should be and are hereby suspended for an additional 30 days beyond December 8, 1981, until January 7,1982. PASSED AND APPROVED this day of ' , 1981. Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Resolution Number 81;..;38 be approved as read. Voting Aye: All Voting No: None MUNICIPAL COURT ASSOCIATES: The Commission was advised that in accordance with the provisions of the City Charter consideration should be given to the re-appointment of Municipal Court Associates. Motion by Commissioner Jackson, seconded by Commissioner Lewis, that Michael Schneider be re-appointedAssociateMunicipal Court Judge and Thomas Taylor be re-appointed Associate Municipal Court Prosecutor. Voting Aye: All Voting No: None PRINTING OF PROPOSED CITY CHARTER: An invoice in the amount of $2,546.34 submitted by Stafford-Lowden Company for printing the proposed City Charter was presented for consideration. Motion by Commissioner Forristall, seconded by Commissioner Jackson, that the City Commission approve for payment an invoice in.the amount of $2,546.34 submitted by Stafford Lowden for printing of the proposed City Charter. Voting Aye: All Voting No: None INSTALLATION OF NEW DIVING BOARDS AND STANDS: The Commission was advised that in accordance with action taken on October 19, 1981, new diving boards and stands had been installed and an invoice in the amount of $3,285.00 for. such installation was presented for consideration: Motion by Commissioner Jackson, seconded by Commissioner Lewis, that the City """'''TI'F~'f.''I''!I'r.''I'''.lr... - . --, - -----,--~---,--,-.-,_- - ---- ."U--!lUI:l.' 1 j . _..Jll1-1 . ","' L L-...!l....11 I---.:..JIIIIII, I', I .170 Commission approve for payment an invoice in the amount of $3,285.00 submitted by Walker Systems, Inc. for the installation of new diving boards and stands. Voting Aye: All Voting No: None n STUDY OF WATER/WASTEWATER SYSTEM:. An invoice in the amount of $1,985.25 submitted by Bayshore Engineers, Inc. for preparation of a study of the city's water/ wastewater system was presented for consideration. Motion by Commissioner Forristall, seconded by Commissioner Lewis, that an invoice in the amount of $1,985.25 submitted by Bayshore Engineers, Inc. be approved for payment. Voting Aye: All Voting No: None REPAIRS TO WATER WELL NO.5: The Commission was presented an invoice in the amount of $27,299.70 for repairs made to Water. Well No.5 by Layne-Western Company, noting that the original invoice contained an error of 3t. Motion by Commissioner Jackson, seconded by Commissioner Lewis, that the City Commission approve payment to Layne-Western Company in the amount of $27,299.70 for repairs made to water well #5. Voting Aye: All Voting No: , None SANITARY SEWER LIFT PLANT REHABILITATION AND FORCE MAIN:. It was :requesied that this item be deferred until the next regular meeting of the City Commission 0 in order to permit securing of additional information from Sanco Engineering, Inc. LEGAL MATTERS: City Attorney David Allums advised that he had not heard from either of the low bidders on the wastewater treatment plant construction project or from either of their bonding companies. Mr. Allums further advised that as a rule matters such as this would go to litigation prior to settlement. Mr. Allums reported that he attended an injunction hearing in a case filed by Robert Williamson against Unicenter Properties and the city and that it had been stated that the case would probably be appealed to the Court of Civil Appeals. Mr. Allums stated that time had not permitted him to work on the ordinances he had agreed to present to the Commission regarding warrants, trees and hedges as amendments to the Health Ordinance but would have them prepared prior to the December 14th meeting of the City Commission. CONCERNS OF THE CITY COMMISSION: Commissioner Forristall requested follow-up information regarding a citizen complaint she had received at the City Hall regarding a truck blocking a sidewalk, abandoned automobile and trash in a yard. Commissioner Forristall stated that she had attended a meeting of the Parks U. and Recreation Board and that the Commission should give consideration to either the re-appointment of the Chairman of such Board or the appointment of another Chairman. Commissioner Forristall also stated that progress was Fl ,------I II I I I ,------I 171 being made on the plans for planting of trees and installation of new park equipment at Whitt Johnson Park with funds donated by the Weir Park group and private citizens. Commissioner Forristall added that a sign-in sheet was to be used during the early morning tiem the pool is open to determine the number of residents using the pool during that time frame, and also noted that a re- quest had been made to consider sending a fireman to pyrotechnic school to train them to handle the fireworks display on July 4th. Commissioner Forristall stated that members of the Parks and Recreation Board were making a survey of residents living in the vicinity of Colonial Park to determine interest in the construction ofa basket-ball court and that such response had also been included in the last issue of City Currents, and that the results would be considered by the Parks and Recreation Board at its next meeting on December 1st at Colonial Park. Commissioner Forristall advised that she had attended a meeting of the Harris County Apprais,al District with Donna Sims to protest the amount of money being assessed the city as part of the District's 1982 budget inasmuch as the city wi 11 derive very 1 ittl e benefit for such servi ces. Commissioner Jackson stated that progress is being made on the subdivision data and that he will report further at the next meeting. Mayor Stanley directed attention to the monthly activity report of the Fire Department which indicated 657 ambulance calls had been made as well as 203 fire calls. Mayor Stanley noted that this was a service of the city appreciated by resi8ents and that it was a service that the line should be held on as much and long as possible. Mayor Stanley advised that he had received a letter from the Army Corps'; of Engi- neers advising of plans to carve down edges of Barker and Addicks dams; a copy of the MTAbudget for the fiscal year beginning October 1,1981; and a letter from Mr. Poorman, District Engineer for the State Department of Highways advis- ing the completion of an inventory, inspection and appraisal of all bridges on public roads and the discontinuance of such program. STAFF REPORT: City Manager Dick Rockenbaugh advised the Commission that emergency repairs were necessary to the bulldozer used to bury garbage at the sanitary landfill and that a quotation had been received from Plains Machinery Company to make the needed repairs for the sum of $5,070.65. Mr. Rockenbaugh also ad- vised that Plains Machinery Company had agreed to lease a bulldozer to the city for the period required for necessary repairs and that such lease would prevent the city from having to use McCarty landfill and permit continued use of the city's facility. Motion by Commissioner Jackson, seconded by Commissioner Lewis, that the City Manager be authorized to expend funds in the amount of $5,570.65 for emergency repairs to the bulldozer and rental of another dozer. Voting Aye: All Voting No: None Mr. Rockenbaugh stated that according to the final financial report submitted by Patrick O'Connor the city was in good shape on revenues and close on expendi- tures. "IlI~II'''''.''.Tl'.''' . ..::l1... r-.:::.=....L.::.:I::.:" . I 1...._..:....1 II.,,,,,, I 1--' 'L~ I' 172 Mr. Rockenbaugh advised that one of the motorcycle patrol officers was already on duty and it was anticipated that a sec0.nd would be on duty beginning the first of December. . Mr. Rockenbaugn further advised that a pre-construction conference had been held on the sanitary sewer lift station and force main project and that consideration was being given'to the order on which lift station work would be done. 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 meeting on November 17, 1981 Electrical Board meeting on November 16, 1981 Zoning and Planning Commission meeting on November 12, 1981 CITY COMMISSION MINUTES: Minutes of the regualr meeting of the City Commission on November 9, 1981, were presented for.consideration and accepted as submitted. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:40 p.m. Iit~ ATTEST: ~~ City Secretary - .. .~,....J __F n o u 17.3 REGULAR CITY COMMISSION MEETING December 14, 1981 The City Commission convened in regular session at the City Hall on Monday, December 14, 1981, 7:30 p.m., with the following members present: Mayor Stanley, presiding; Commissioners Forristall, Jackson, Lewis and Polichino. The City Attorney and City Manager were also present. Mayor Stanley requested that the order of the agenda be changed in order to present item No.2 as the Commission's first item of business. WEST UNIVERSITY PLACE "C" DIVISION GIRLS SOCCER TEAM: Resolution Number 81-39 was presented to the Commission and read in full: WHEREAS, the City is aware of the contribution of our younger citizens to the quality of life in our community; and WHEREAS, the City wishes to acknowledge the significant achievements made by our younger citizens; and WHEREAS, the "C" Division Girls Soccer Team of the West University Soccer Club, coached by Mrs. Kathy Burniston, has won the Houston Youth Soccer Association's 1981 City Championship, by winning 10 games, losing none, with one tie game; and n WHEREAS, the team will be the Area Representative in the State Championship Tournament January 30 and 31, 1981. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS. Section 1. That the "C" Division Girls Soccer Team, Carlin Allums, Allison Blazek, Karyn Cameron, Amy Chatham, Eleanor Dahlin, Susan Davenport, Audrey Dietrich, Marcey Doran, Jennifer Jqhnsen, Lana Lesley, Stacey Lord, Marian Mankin, Abby McCandless. Elena Olive. Lori Riley, Nicole Woodum, Shannon Warner and their Coach, Kathy Burniston be, and they are hereby, congratulated and applauded for their accomplishment. Section 2. That the City expresses it's appreciation for the effort expended, the dedication exhibited and the sportsmanship exemplified by these young women and their Coach, in attaining this singular honor which directly reflects a positive image of this City; and Section 3. That the City extends it's best wishes as the team proceeds in State Championship competition. Section 4. That a copy of this resolution be delivered to each team member and their Coach. day of , 1981. PASSED AND ~PPROVED this Motion by Commissioner Polichino, seconded by Commissioner Forristall, that Resolution Number 81-39 be approved as read. Voting Aye: All Voting No: None ...II:.r.:uI.II.....'. I... """'" ...- I -,.-p , r-=-.::I-rr;r.;-r . I I:::.-...!rrr - 174 HEARING OF RESIDENTS: There were no residents in attendance at the meeting desiring to bring any matters to the attention of the Commission. AUTHORIZATION TO OPEN SAVINGS ACCOUNT: Resolution Number 81-40 was presented to the I~ Commission and read in full: ~ WHEREAS, during the 67th Legislature Regular and Called Sessions, the Legislature passed House Bill 1815, effective August 31, 1981; and WHEREAS, said bill provides that the retainage amounts retained by governmental units on public works contracts shall be deposited in an interest bearing account until paid to the contractor upon completion of the contract; and WHEREAS, the City of West University Place, Texas has two (2) contracts that are subject to this requirement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Treasurer is hereby authorized to establish said interest bearing accounts in the City's banking depository as provided by law for the ultimate benefit of Basic Constructors, Inc. and Civil Works, Inc. under their contracts with the City. Section 2. That the City Treasurer is hereby authorized and directed to fund said accounts in the amount of the retainge required under the said contracts. PASSED AND APPROVED this ____ day of , 1 981 . o Motion by Commissioner Jackson, seconded by Commissioner Forristall, that Resolution Number 81-40 be approved as read. Voting Aye: All Voting No: None WATER WELL #7 AND l~" WATFRTRANSMTSSTON I TNF. Ordinance Number 1182 was presented to the Commission and read in full: 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, AND ORDINANCE NUMBER 1164 DATED DECEMBER 8, 1980; 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. 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 was renewed and extended on December 31,1980; and u 175 n u WHEREAS, the City Commission has determined that the renewal and extension of said promisory 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 to Chemical Bank of Houston the sum of $70,000 to be applied as a principal reduction of the $280,000 promisory note, together with the sum of $14,194.41 representing interest accrued on said promisory note from date of renewal (December 31, 1980) through December 31, 1981. Section 2. That Rufus F. Stanley, Jr., Mayor of the City of West University 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 $210,000 at the interest rate of 5% per annum. Section 3. That Rufus F. Stanley, Jr., Mayor of the City of West University 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~ o 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 , 1981. Motion by Commissioner Forristall, seconded by Commissioner Lewis, that Ordinance Number 1182 be approved as read. Voting Aye: All Voting No: None SANITARY SEWER LIFT STATION REHABILITATION AND FORCE MAIN: An invoice submitted by Sanco Engineering, Inc. for engineerlng serVlces on the sanitary sewer lift station rehabilitation and force main project in the amount of $3,406.36, was presented to the Commission for consideration. Motion by Commissioner Jackson, seconded by Commissioner Polichino, that the City Commission approve for payment an invoice in the amount of $3,406.36 submitted by Sanco Engineering, Inc. for engineering services. r '---' Voting Aye: All Voting No: None ."'I:::..-~""" L--.:::I"-:,"J'""'1'-'-----,.,.......,--- ='" ~"""~. ~~=> 176 REPAIRS TO WATER WELL #5: The Commission was presented an invoice submitted by Layne- Western Company in the amount of $24,365.13 for repairs made on water well #5 during the period August 11,1981 to October 6,1981. It was noted that an additional invoice would probably be forthcoming for repairs being made to the motor on water well #5 at this time. . Motion by Commissioner Forristall, seconded by Commissioner Polichino, ,that the City Commission approve for payment an invoice in the amount of $24,365.13 for repairs 'made on water well #5. :~l u Voting Aye: All Voting No: None 1982 VEHICLE REQUIREMENTS: The Commission was presented a request to advertise for bids for purchase of the following automotive units included in the 1982 bud- get: 4 - 1982, 4-door sedans - Police Department 11982, 4-door sedan - Inspection Department 1 - 1982, 5/8 ton pickup truck - Water Department ( -'. -/ Motion by Commissioner Jackson, seconded by Commissioner Forristall, that the City Manager be authorized to advertise for bids for purchase of four (4) police patrol units, one (1) 4-door sedan for use of the Inspection Department and one (1) 5/8 ton pickup truck for the Water Department. Voting Aye: All Voting No: None CONSTRUCTION OF WASTEWATER TREATMEN Estimate #3 submitted by Basic 0 I Constructors, Inc., in the amount of 88,884.00, for work completed to date on the construction of a new wastewater treatment facility was presented for consideration. Motion by Commissioner Forristall, seconded by Commissioner Polichino, that the City Commission approve for payment EstimaiE #3 from Basic Constructors, Inc. in the amount of $88,884.00. Voting Aye: All Voting No: None LEGAL MATTERS: City Attorney Davi d Allums reported that he had received a request from the attorney representing Mr. Bob Williamson in his suit against Unicenter Inc. and, the city for a transcri pt of the previ ous heari ng whi ch i ndi cated they planned to appeal. Mr. Allums also reported that the suit Bruce Dohendorf vs the city will be dismissed on December 18th for lack of prosecution. COMMISSION CONCERNS: Commissioner Forristall reported that the Parks and Recreation Board had recommended the construction of a half basketball court at Colonial Park and that the titizens should be given the decision of the City Commission by the end of January with such notice also being published in the City Currents and Suburbia-Reporter. Commissioner Forristall expressed appreciation to members of the Department of Operations on the landscaping and new flower boxes that had been done at Liberty Hill Park. u N'"' , ~, " o [ 177 Commissioner Forristall reported that a meeting had been held with Mr. Mike O'Neal of the Village Savings Association to discuss means by which they could help the city. Items discussed included the publication of a bi-weekly newsletter; donations for Meals-On-Wheels, park improvements, etc., and that a subsequent meeting would be held to agree on priorities on such projects. Commissioner Forristall was advised that further repairs were to be made to the air structure over the pool as'soon ,as they could be scheduled, but other repairs would have to wait until the structure is removed. Commissioner Forristall noted that many hours were spent by numerous city personnel in making necessary repairs to a major water line break that had occurred and expressed her appreciation for all the care and concern expressed ,by those employees involved in the repairs. Commissioner Polichino complimented Director of Operations Patt Lilly on the "team effort" demonstrated by members of various departments cooperating fully to repair a major water line break. Commissioner Polichino reported that citizens were tickled with the appearance of the city parks and that the sand box at Whitt Johnson Park had been well placed and was well us.ed. Commissioner Polichino noted that there is a continuing traffic problem at each of the parks and that a solution needs to be found to resolve such problem. Mayor Stanley advised that the city had recieved a Christmas card from Dr. Herb Fred noting that he thought West University the best city with the best Police Department and his desire that he lived in the city. Mayor Stanley read a letter he had received from Mr. Charles N. Enes, President, International Institute of Municipal Clerks advising that City Secretary Lee Lockard had been accepted into the lIMe Academy for Advanced Education. STAFF REPORT: City Manager Richard Rockenbaugh reported that consideration will be included on the December 28th City Commission agenda to amend the Revenue Sharing 1981 Budget, and that without objections from members of the City Com- mission the bicycle auction would be re-scheduled for January 9th. Mr. Rockenbaugh announced that the Department of Operations was planning a luncheon on Wednesday, December 16th for members of that Department and that members of the City Commission were invited to attend. Mr. Rockenbaugh also invited members of the Commission to a staff luncheon to be held on Wednesday, December 23rd. Mr. Rockenbaugh reported that traffic consultant John Hudson had traffic counters on the streets and that at this time nothing had been heard on the city's application for grant funds for a new traffic survey. Mayor Stanley stated that inasmuch as this was the first public meeting held since the announcement of the resignation of Police Chief Frank Robinson he would like to wish Chief Robinson well in his new endeavor and that Captain James Bryant had been appointed Acting Chief. Mr. Rockenbaugh reported that he had received a copy of the proposed "welcome" brochure being prepared by members of the Communication Committee and"that it .'!' .t..~..!! l!!m=lI!,' - -- ------ . ~-, '0- - ,- ,~. I"::: ,...., 'I-=::::J"~"""-~~ 178 was hoped that the brochure would be printed and ready for distribution at the January 12, 1982 "Towne Hall Meeting". PARKS AND RECREATION BOARD MINUTES: Minutes of the regular meeting of the Parks and Recreation Board on December 1,1981, were presented to the Commission for their information. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on November 23, 1981, were approved as submitted. ADJOURNMENT: With no furthe~ business to come before the meeting at this time, upon motion duly made and seconded, the meeting adjourned at 9:50 p.m. ATTEST: ~~ City Secretary u ] u 179 REGULAR CITY COMMISSION MEETING December 28, 1982 The City Commission convened in regular session at the City Hall on Monday, Decem- ber 28, 1981, 7:30 p.m., with the following members present: Mayor Stanley, pre- siding; Commissioners Lewis and Polichino. The City Attorney was also present. Mayor Stanley ,advised that Commissioner Jackson and City Manager Rockenbaugh were out of the city, and that Commissioner Forristall was in Beaumont because of family ill ness. Mayor Stanley requested those in attendance to paLise for a moment of silence in honor of Mr. Jim Metcalf who had passed away, noting that Mr. Metcalf had served as the first Volunteer Fire Chief of the City of West University Place. Following a show of hands indicating that the majority of those in attendance at the meeting were interested in discussing Item 7 on the agenda covering consideration of an ordinance providing for code enforcement search warrants, Mayor Stanley announced that the hearing of residents would be re...,opened to permit those interested to discuss the ordinance when it was to be considered. HEARING OF RESIDENTS: Mr. A. J. Himel, 2718 Wroxton, stated that he was interested in getting through truck off Wroxton Road between Kirby and Buffalo and that the previously placed sign was not effective and another sign should be erected. ' [] Mr. J. D. Woodson, 3825 Tennyson, stated..,that an increase in fees charged for building permits would make the costs of re-modeling prohibitive and stifle ef- forts by residents to improve their homes. Mr. Woodson further stated that it was his belief that residents are not getting the type inspections they are now paying for. Mr. Woodson was advised that the purpose of increasing fees was to raise revenues to a reasonable level with those charged in adjacent cities. , Mr. Lance Hellerman, 3905 Marlowe, protested the proposed increase in fees to be charged for use of the dumpster maintained at the water plant, noting that if fees are increased residents will discontinue use thereby resulting in more junk being around the city. Mrs. Lance Hellerman, 3905 Marlowe; was advised that abuse by contractors was part of the problem with use of the dumpster and suggested that a sign be erected advising, "No Commercial Dumping". Mr. Marvin Jetton, 4004 Swarthmore, suggested that the clerks issuing dumpster permits check with the Inspection Department for major construction projects prior to issuing permits. Mr.'W. L. Partridge, 4040 Ruskin, advised that subsequent to a car going through the cul-de-sac that the sign was reinstalled backwards, and that as long as the City Commission continued to grant pay increases nothing would be accomplished to fight inflation. Ms. Joan McCay, 3029 Carnegie, stated that she was concerned about the proposed increase in building inspection fees affecting younger people moving into the city and that she thought a fee of $75.00 to make an application to appear before the Zoning and Planning Commission or Zoning Board of Adjustment outrageously hi gh. ' .~---~'n='''f~;.=rr~~~------'----------'- ....., -,-~.._-- 180 RESIGNATION OF CHIEF OF POLICE/DIRECTOR OF PUBLIC SAFETY FRANK ROBINSON: Resolution Number 81-41 was presented to the Commission and read in full: WHEREAS, Frank W. Robinson ,was employed by the City of West University Place, Texas, as Chief of Police on July 9, 1979; and WHEREA~ on September 14,1981, Frank Robinson was named Director of Public Safety for the City of West University Place, Texas; and WHEREAS, during his tenure with the city Frank Robinson has been called upon to handle many types of emergency situations, often under adverse or life threatening conditions; and WHEREAS, professional responsibility and conduct have always been the measure by which Frank Robinson has operated his department; and WHEREAS, on numerous occasions Frank Robinson has spoken with citizens of West University Place, Texas, in order to better educate them on crime prevention; and WHEREAS, it is the desire of the City Commission to give recogni- tion to Frank Robinson for his excellent service to 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 City of West University Place, Texas, acting by and through its duly authorized City Commission, hereby commends Frank W. Robinson for his distinguished service to the citizens and the city. Section 2. That the City Commission individually expresses its whole-hearted appreciation to Frank W. Robinson for his excellent service. Section 3. That this Resolution be spread upon the minutes of the City Commission and that the Mayor be, and he is hereby, authorized to deliver to Frank W. Robinson a true copy signed by each member of the City Commission and attested by the City Secretary. PASSED AND APPROVED this 28th day of December, 1981. Motion by Commissioner Lewis, seconded by Commissioner Polichino, that Resolution Number 81-41 be approved as read. Voting Aye: All Voting No: None Mayor Stanley presented Chief Robinson with the original of Resolution Number 81-41 which had been framed for the occasion, noting that it was with regret that the City of West University Place was losing such a valuable employee. Commissioner Forristall arrived at the meeting at this time. [J u r~ '----/ l [1 n 181 HOUSTON LIGHTING AND POWER COMPANY RATE INCREASE REQUEST: City Attorney David Allums advised that two ordinances had been prepared for consideration, 1) accepting the rate increase granted HL&P by the Public Utility Commission, with a provision whereby the city would receive a lo~er rate in event the application of the City of Houston is granted, and 2} adopting the rates as requested by the City of Houston. - Ordi nance Number 1183 ~as presented to the Commi ss i on 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 SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND OTHER PROVISIONS RE- LATED TO THE SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF HHICH MAY BE IN CONFLICT HEREWITH; AND DECLARING'AN EMERGENCY. WHEREAS, on July 6,1981, Houston Lighting & Power Company (HL&P) filed with the City of West University Place a request for an in- crease in rates to be charged within the City; and WHEREAS, the City suspended the effective date of such proposed rate increase for 120 days beyond August 10,1981; and WHEREAS, the City Further suspended the effective date of such proposed rate increase for an additional 30 days until December 8,1981; and WHEREAS, the City Commission, having reviewed the Company's rate filing package and supporting testimony as well as the Final Order of the Public Utility Commission of Texas regarding the same rate appli- cation in Docket No. 3955, 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. 3955 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 Univer- sity Place orders the Houston Lighting & Power Company to file rate schedules to be effective ~ithin the City of West University Place identi- cal to those rate schedules filed with and approved by the Public Utility Commission of Texas pursuant to the Commission's Final Order in Docket No. 3955. However, should there be an adjustment of the rates so established in Docket No. 3955 for any municipality in the Harris County area, then said rates so established shall be the effective rates applicable to the City of West University Place. Section 2. The rates set forth on such rate schedules are those under which said Company shall be authorized to render electric service and . -..,.t,+"!~'re:1I=..lI!P- ::J1. . ~Ir_,.-~...... - T .1-=:....'''''", " - L ",",~" 182 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 f~ by law, but shall "not be in excess of rates approved by the Public Utility Commission for any other municipality pursuant to the rate filing of .JI HL&P on July 6,1981. 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 Plate for electricity consumed after the date of filing with the City. 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 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. PASSED AND APPROVED this day of , 1 981 . Motion by Commissioner Forristall, seconded by Commissioner Polichino, that Ordinance Number 1183 be approved as read. Voting Aye: All Voting No: None SPECIAL TRASH CONTAINER: Resolution Number 81-43 was presented to the Commission and read in full: WHEREAS, a number of years ago, members of the City Commission were made aware of a need by citizens for a place to dispose of discarded items not included in the city's regular garbage and trash removal service; and [J WHEREAS, it is the desire of the City Commission that such service continue to be provided; and WHEREAS, it is the further desire of the City Commission that those residents using such service shall share in the increased costs thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following user fees are hereby established for use of a special trash container located in the 6200 block of College: Automobiles..... $ 10.00 Pick-up Truck... 40.00 Tra i 1 ers . . . . . . . . 'SO. 00 Section 2. That this Resolution shall be in full force and il~ effect from and after January 1, 1982. l~ 183 PASSED AND APPROVED this ____ day of , 1981. Motion by Commissioner Forristall, seconded by Commissioner Polichino, that Resolution Number 81-43 be approved as read. Motion amended by Commissioner Lewis, seconded by Commissioner Polichino, to establish the following fees for use of a special trash container: Automobiles....................... $10.00 Resident' !-ton Pickup............. $20.00 Commercial Vehicles & Trailers.... $40.00 (with nothing over 10 cubic yds.) Voting to amend: Voting Aye: All Voting No: None Voting on motion as amended: Voting Aye: All Voting No: None BUILDING INSPECTION FEES: Ordinance Number 1184 was presented to the Commission and read in full: [ AN ORDINANCE REGULATING THE AMOUNTS OF FEES TO BE CHARGED BY THE BUILDING INSPECTOR FOR NEW CONSTRUCTION, REMODELING OR REPAIRS, INSTALLATION OF HEATING AND COOLING EQUIPMENT, CONSTRUCTION OF SWIMMING POOLS, DRIVEWAYS, SIGNS, ELECTRICAL WIRING AND VARIOUS OTHER IMPROVEMENTS; AND PROVIDING AN EF- FECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 3-2l(b) of the Code of Ordinances of the City of West University Place, Texas, regulating the fee to be charged by the Buil ding Inspector for the constructi on of si gns is hereby amended to read as follows: "Section 3-2l(b). Fee. The fee for such permit shall be fifty ($0.50) cents ($0.50 per square foot of display area up to fifty- one (51) square feet and allover fifty (50) square feet shall be twenty- five ($0.25) cents per square foot, with a minimum fee of $10.00." Section 2. That Section 6~28 of the Code of Ordinances regu- lating the amounts of fees to be charged by the Building Inspector for new construction, remodeling or repairs, installation of heating and cool- ing equipment, construction of swimming pools, driveways and various other improvements shall be in accordance with the following schedule: Permits Fee Schedule New construction (residential) $10.00 per 100 sq. ft. for first 1,200 sq. ft. $8.00 per sq. ft., thereafter, ~---""----'-._. . ..'.r,-r-..~.:::.lI~~l. -......"..............~ ~ """L:....-I~~-~.,...,. 184 Permits Remodeling & Repairs (residen- tial) including new or replace- ment roofing Garages, new, replacement and remodeling Carports, new and replacement New construction (commercial) Remodeling and repair (commercial) Swimming Pool Entrance Ramp only Driveway only Sidewalk only Parking slab (other than driveway) Entrance ramp & driveway, combi- nation ., Entrance ramp & sidewalk, combi nation Circular driveway Combination ramp, driveway & park- ingslab Heatinq and Air Conditioninq Heating units (residential) New and Replacement Heating units (commercial) Air Conditioning (residential central). New and replacement . Evaporator coils only Air Conditioning & refrigeration (commercial) .1....::.;...0,,,,,,, , ,. Fee Schedule 1,200 to 2,000 sq. ft. 1:,-1 $5.00 per 100 sq. ft. over first 2,000 sq. ft. ~ $10.00 minimum permit for first $1,000, $0.30 per $100.00 value for allover first $1,000 value $10.00 for first 300 sq. ft. $8.00 for all in excess of first 300 sq. ft. $50.00 for the first 1,000 sq. ft., plus $0.15 per sq. ft. for the next 5,000 sq. ft., then $0.01 per sq. ft. thereafter with $150.00 mini- mum permit $30.00 minimum permit fee for 1st $1,000 cost $3.00 per $1,000 for next $150,000 cost $1.50 per $1,000 for next $350,000 cost $1.00 per $1,000 for all in excess of $500,000 $50.00 15.00 15.00 10.00 15.00 25.00 25.00 30.00 30~00 o $12.50 per unit $10.00 for first 140,000 BTU, plus $2.00 for 100,000 BTU over 140,000 BTU $10.00 per compressor $7.50 n $2.00 per ton, minimum $5.00 permit o o rn 185 Permits Fpp Srhprllllp Ductwork only (residential and commercial) $10.00 for first 50 ft., plus $1.00 per 50 ft. for all over first 50 ft. Section 3. That Section 10-40 of the Code of Ordinance is hereby amended to read as follows: "Section 10-40. Application Application for a license as a "master electrician shall be made in writing to the electrical board, stating the name and address of the applicant, a statement as to the active and practical experience of the applicant, the firm name of the partners or officers, or if a corporation, a fifteen ($15.00) filing fee, and such other relevant information as may be required by the Electrical Board. All applications shall be sworn to before an officer of the state authorized to administer oaths, and officially certified to by such officer under'his seal of office." Section 4. That Section 10-14(c) of the Code of Ordinances regulating the fees to be charged by the Building Inspector for electrical wiring shall be as follows: "Section 10-14(c). The minimum inspection fee shall be ten ($10.00) dollars. II Secti on 5. Thi s ordinance shall take effect and be in force from and after January 1, 1982. PASSED AND APPROVED this day of ' , 1 981 . Motion by Commissioner Lewis, seconded by Commissioner Forristall, that Ordinance Number 1184 be tabled uhtil further clarification is obtained regarding the fee schedule. . . Voting Aye: All Voting No: None With no objections voiced by members of the City Commission, Mayor Stanley announced that in the interest of those in attendance consideration would now be given to an Ordinance providing for Code Enforcement Search Warrants. CODE ENFORCEMENT SEARCH WARRANTS: Ordinance No. 1186 was presented to the Commission and read in full: AN ORDINANCE AMENDING THE CODE OF ORDINANCES DF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY THE ADDITION THERETO OF A SECTION TO BE NUMBERED 1-08iTITLED "CODE ENFORCEMENT SEARCHWARRANTS"; MAKING IT A MISDEMEANOR TO INTERFERE WITH THE EXECUTION OF A SEARCH WARRANT; PROVIDING DEFINITIONS ; AUTHORIZING THE ISSUANCE AND EXECUTION OF SEARCH WARRANTS; ESTABLISHING .WHEN SEARCH WARRANTS ARE NOT REQUIRED;. REQUIR- ING PROBABLE CAUSE; REQUIRING A SWORN AFFIDAVIT; REQUIRING L ~~ 1:_I__jl""I,I".I'I;I,'r=:-::J~.. uu:=1=:L.- '._ '1...----.lLL ............:.":.:..r;,...r:.",,I1cIT::1l11. "IJe-'" IlilJ.!llllil.JJLL n. .JII II I LL.:.III UHIIIII'li;' II I ; 1<.1 1IIIi I "'Ii . , . I [ I 186 CERTAIN FORMALITIES; PROVIDING THE MANNER IN WHICH SEARCH WARRANTS ARE TO BE EXECUTED AND NOTICE GIVEN, ESTABLISHING O. THE TIME DURING WHICH A SEARCH WARRANT MAYBE EXECUTED; AUTHORIZING THE EXECUTING INSPECTOR TO SEEK ASSISTANCE IN EXECUTING THE SEARCH WARRANT; PROHIBITING THE SEIZING OF TANGIBLE GOODS.OR THE MAKING OF ARRESTS; PROVIDING THE MANNER IN WHICH A RETURN IS MADE; PROVIDING FOR THE KEEPING OF RE- CORDS; PROVIDING FOR NO CONFLICTS WITH OTHER LAWS; PROVIDING FOR A PENALTY AS PROVIDED IN THE CODE OF ORDINANCES; PRO- VIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of West University Place is a home rule municipality having the powers of local self-government and can adopt any regulation not preempted by, nor prohibited to, the State of Texas; and WHEREAS, the State of Texas has provided for the issuance of search warrants to fire marshals and health officers and has not speci- fically prohibited home rule cities from adopting similar legislation providing for the issuance of search warrants to other classes of code inspectors as well; and WHEREAS, heretofore there has not been a uniform policy among the various city departments as to whether they were expressly authorized to use search warrants incidental to the enforcement of various city codes, such as the Building, Inspection, Zoning and Housing Codes; and WHEREAS, the City Commission of the City of West University 0 Place recognized that recent changes have occurred in the law pertaining 1 to making warrantless searches for violations of such codes, which changes the City Commission wishes to incorporate into its code enforcement programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Code of Ordinances of the City of West University Place, Texas, is hereby amended by the addition thereto of a Section to be numbered 1-08, which said Section shall be captioned as follows: "CODE ENFORCEMENT SEARCH WARRANTS" Section 2. "PENALTY. Any person interfering with the execution of a 1 awful search warrant issued pursuant to thi s Secti on shall be guil ty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed two hundred ($200.00) dollars. Each day such violation is committed or permitted to continue shall constitute a separate offense, and shall be punishable as such hereunder. Section 3. "DEFINITIONS. Magistrate: shall mean any Judge of a Municipal Court of the City of West University Place, Texas. Inspector: shall mean any official inspector for any department of the City of West University Place, Texas, which is charged with code enforcement, including ,0',7 inspectors for the departments of Health, Housing, Zoning and Building Inspection and Public Safety. Search warrant: shall mean a written order, 187 issued by a magistrate and directed to any inspector, as defined in this section, commanding him to any specified premises ~-8 c;Ietermine the presence of a violation or violations of any ordinance or QrJdinances of the City of West University Place, Texas." Section 4. "WARRANTS AUTHORIZED. Inspectors are hereby authorized and directed to seek and obtain search warrants from magistrates, as provided in this Section, before making any inspection incidental to the enforcement of any provision in this Code of Ordinances. Magistrates are hereby authorized to issue such warrants subject to the requirements of this Section." Secti on 5. "WARRANTS NOT REQUIRED. Search warrants shall not be required under the following circumstances: (a) When permission to inspect has been granted by someone apparently having charge or control of those premises; for the purpose of this sub-section, pe~mission to in- spect may be granted either verbally, in writing or by some other action indicating consent, or (b) When there exists an imminent danger or peril to human life, limb or property or any delays resulting from the application for a search warrant would materially increase the likelihood of loss from such danger or~eril, or (c) When the inspection can be executed by a person who is an invitee on premises held open to the general public; for the purposes of this sub-section a person ceases to be an invitee when he has been instructed to leave the premises or otherwise terminate his inspection by someone having charge or control of those premises." Section 6. "PROBABLE CAUSE. No search warrant shall be issued pursuant to this section except on the pres~ntation of evidence or probable cause to believe that a violation or violations are present in the premises sought to be inspected. In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but may consider any of the fo 11 owi ng: (a) The age and general condition of the premises; (b) Previous violations or hazards found present in the premises; (c) The type of premises; (d) The purpose for which the premises are used; and (e) The presence of hazards or violations in the general condi- tion of premises near the premises sought to be inspected." n Section 7. "AFFlDAVIT REQUIRED. A sw6rnaffidavit setting forth substantial facts toward establishing probable cause shall be filed in every instance in which a search warrant is requested." ...:rrr""'- L-I ~''''-'n L--I---=rT"T. ,~, ~rr 188 Section 8. "WARRANT FORMALITIES. A search warrant issued pursuant to this Section shall be sufficient if it contains the follow- ing requisites: (a) That it run in the name of "The State of Texas"; (b) That it identify, as near as may be, that premise to be inspected; (c) That it command an inspector to inspect forthwith the premises described; and (d) That it be dated and signed by the magistrate." Section 9. "EXECUTION OF WARRANTS. An inspector to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. It must be executed within three days from the time of its issuance, and shall be executed within a shorter period if so directed in the warrant by the magistrate. The inspector shall, upon going to the place ordered to be inspected, give notice of his purpose to the person who has charge of or is an inmate of the place described in the warrant. If such persons cannot be found, upon execution of the search warrant, a copy of said warrant shall be affixed to the front door of the building or premises inspected. In every instance, entry shall be effected using the minimum force necessary according to the cir- cumstances." I n o Section 10. "DAYS ALLOWED FOR WARRANT TO RUN: The time al- lowed for the execution of a search warrant shall be three whole days, exclusive of the day of its issuance and of the day of its execution. The magistrate issuing a search warrant under the provisions of this section shall endorse on such search warrant the date and hour of the issuance of the same. II Section '1. "POWER OF INSPECTOR EXECUTING WARRANT. In the execution of a search warrant, the inspector may call to his aid any number of citizens in the city or Public Safety officers, who shall be bound to aid in the execution of the same." Section 12. "NO POWER TO SEIZE TANGIBLE GOODS OR MAKE ARRESTS. The execution of a search warrant issued pursuant to this section shall not include any authority to make arrests or to seize tangible goods of a violation." Secti on 13. "HOW RETURN IS MADE. Upon returni ng the search warrant, the inspector shall state on the back of the same, or on some paper attached to it, the manner in which it has been executed and shall likewise deliver to the magistrate a copy of the report resulting from that inspection." Section 14. "RECORDS TO BE KEPT. The magistrate shall keep a record of all proceedings had before him in the cases of search warrants as part of the official records of his court." Section 15. "CONFLICTS. Nothtng in this section shall be construed to conflict with any state or federal law and shall be in n [JJ [l 189 addition to any rights granted thereby." Section 16. That violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as provided by the Code of Ordinances. Section'17. That should any section, paragraph, sentence,. clause, phrase or word of this Ordinante be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. Section 18. That the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Section 19. That this ordinante shall take affect and be in force from and after its passage and approval by the City Commission. PASSED AND APPROVED this ____ day of , 1 981 . Motion by Commissioner Forristall, seconded by Commissioner Lewis, that Ordinance Number 1186 be approved as read. Following statements by each member of the City Commission regarding the need and purpose of the ordinance, Mayor Stanley advised those in attendance that the floor was now open to hear their concerns regarding consideration of the ordinance. Following presentation by Mrs. Mary Wheeler, 3935 Rice Boulevard, of a letter prepared by her attorney, Mr. David Lopez~ comments from those in attendance included restrictions included in the ordinance; lack of notification to residents of items to be considered by the Commission; lack of need by the Inspection Department to have powers provided by search warrants; potential dangers of passage of such an ordinance; evils that would be created between the Inspection Department and residents of the city; comparison of the current situation in Poland to that being created in the city; and the lack of fear that had always previously existed in the city. Voting No: All Voting Aye: None 1981 REVENUE SHARING BUDGET: Ordinance No. 1185 was presented to the Commission and read 1 n full: AN ORDINANCE AMENDING ORDINANCE NUMBER 1159 WHICH APPROVED THE BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1,1981, AND.ADOPTED ON AUGUST 25, 1980. WHEREAS, the City Commission of the City of West University Place, Texas, has on certain dates and occasions found it necessary, worthwhile and expedient to expend funds of the city for the best interest and welfare of its citizens for items which were not considered, nor in- cluded, in the original budget; and ......:J1 .'~T.'::.l 1.-:::..,11',..'I",......--.----J - ...----"...- ~ ..--- <0.. -' 190 WHEREAS, it is the desire of the City Commission to increase various items of income and expenditure known to be in excess of the amount provided for in the original budget, so that the amount of addi- I,J tional expenditure may be offset by a like amount of additional income; and WHEREAS, a Public Hearing was held by the City Commission on August 12, 1981, to establish the Federal Revenue Sharing Trust Fund in- cluded in the 1981 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Revenue Sharing Budget of the City of West University Place for the 12-month period beginning January 1,1981, and ending December 31,1981, as heretofore adopted be, and it is hereby, amended to provide for additional expenditures and revenues, as shown by the following schedule: 1981 Original Budget 1981 1981 Additions/Deletions Amended Revenue Sharing Budget Office Machines and Furnishinqs Finance Personnel Police Fire Engi neeri ng Library Senior Citizens $ 1 , 180 $ $ 1 , 180 0 2,150 2,150 15,200 1 ,872 17,072 2,900 188 3,088 2,400 2,400 500 500 150 150 Rolling Stock and Other Equipment Police Engi neeri ng Fire Inspection Street Fuel System Parks Recreation $ 21,000 $ 15,946 $ 36,946 7,150 7,150 2,540 2,540 7,000 7,000 14,700 -3,230 11 ,470 4,229 4,229 5 ,105 - 166 4,939 7,650 7,650 $ 82,475 $ 25,989 $108,464 Revenues & Other Sources Revenue Sharing Grant $ 30,000 $ 30,200 $ 60,200 Interest on Investments 10,000 2,800 12,800 Authorized Decrease in U Fund Balance 42,475 7,011 35,464 Total Funds Source $ 82,475 $ 25,989 $108,464 u B n 191 Section 2. This ordinance shall become effective immediately from and after its passage and approval, and the 1981 Revenue Sharing Budget amended accordingly. PASSED AND APPROVED this ____ day of , 1981. Motion by Commissioner Polichino, seconded by Commissioner Lewis, that Ordinance No. 1185 be approved as read. Voting Aye: All Voting No: NOlle ZONING & PLANNING COMMISSION, ZONING BOARD OF ADJUSTMENT APPLICATION FEES: Resolution Number 81-42 was presented to the Commission and read in full: WHEREAS, State Statutes provide that at least fifteen (15) days notice of the time and place of public hearings to be held on applications filed with the Zoning and Planning Commission and Zoning Board of AQjust- ment shall be published in an official newspaper of general circulation; and WHEREAS, Statue Statutes further provide that written notice of all public hearings before the Zoning and Planning Commission and Zoning Board of Adjustment shall be sent to owners of real property living within two hundred (2001) feet of the property on which the application is pro- posed, such notice to be given, not less than ten (10) days before the date set for such hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll; and WHEREAS, costs for publication of legal notices and postal rates have escalated; and WHEREAS, it is the desire of the City Commission that those property owners making applications to the Zoning and Planning Commission and Zoning Board of Adjustment shall bear the direct expenses of such applications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS. Section 1. The filing fee for any and all applications filed for hearings before the Zoning and Planning Commission and Zoning Board of Adjustment shall be seventy-five ($75.00) dollars. Section 2. This Resolution shall take effect and be in force from and after January 1,1982. PASSED AND APPROVED this day of , 1981. Motion by Commissioner Polichino, seconded by Commissioner Lewis, that Resolution No. 81-42 be approved as read. Motion amended by Commissioner Lewis, seconded by Mayor Stanley, that Resolution No. 81-42 be amended to approve a filing fee of $50.00. . ""1 .. ~..- . r.''' .:'I~~"1~r:'.1 ....." ~~T - ~-.:: t...::-,..-n .~--r r----,,-,,------ 192 Voting on amendment to motion: Voting Aye: Lewis Stan1 ey Voting No: Forrista11 Po1ichino Motion amended by Commissioner Lewis, seconded by Mayor Stanley, that Resolution Number 81-42 be amended to approve a filing fee of $55.00. Voting on amendment to motion: Voting Aye: Lewis Stanley Voting No: Forrista11 Po1ichino Voting on original motion: Voting Aye: Forrista11 Po1ichino Voting No: Lewis Stanley Motion failed. LEGAL MATTERS: City Attorney David Allums advised the Commission.that he would like to be included on the agenda for a workshop session soon after the first of the year to discuss pending legal matters. It was agreed that Mr. Allums will attend an Executive Session of a workshop meeting on January 11,1982. Mr. Allums expressed his appreciation and gratitude to Police Chief Frank Robinson, noting the lack of filing of Civil Rights suits during his admini- stration. CONCERNS OF THE CITY COMMISSION: Commissioner Po1ichino wished everyone a Happy New Year. Commissioner Forristall offered her apologies to Chief Robinson for not being able to attend the reception in his honor and to those in attendance for being late in arriving at the meeting. Commissioner Lewis advised that he had received a call from a resident living at the corner of West Point and Oberlin offering five evergreen trees to the city for placement in one of the parks if practicable. Mayor Stanley complimented Director of Operations Patt Lilly on the landscaping that had been accomplished at the site of water well #7. Mayor Stanley reported that construction was progressing at the new wastewater treatment plant and that it could soon be determined what affect the new drive-in bank on Robinhood would have on traffic in the area. STAFF REPORT: Mayor Stanley reported that a written staff report received from City Manager Dick Rockenbaugh included an update on values of real property owned by the city and a decision to postpone payment to the Harris County Tax Appraisal District until after the first of the year. 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 10, 198] Electrical Board meeting on December 14, 1981 Long Range Planning Committee meeting on December 17, 1981 '" -" ." I] o [j 1 U ~J 00 CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on December 14, 1981, were presented for consideration. Motion by Commissioner Lewis, seconded by Commissioner Po1ichino, that minutes of the regular meeting of the City Commission on December 14, 1981, be approved as submitted. ~ Voting Aye: All Voting No: None ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 10:45 p.m. ATTEST: ~~ City Secretary .- ..,c_~ ._-'.__:J__r,~---l=~~=~-o,- ,"" ,__ I'.~__:I _ "______~_~--'.l!r,,-- ,-.----- -----------7-',-,,--,~rl-"-<l7--"L'~n~j~~r-~1