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HomeMy WebLinkAboutMinutes_1986 1~6 REGULAR CITY COUNCIL MEETING JANUARY 6, 1986 7.30 P M The City Council convened in regular session at th~ City Hall on Monday, January 6, 1986, with the following members present: Mayor Parks, presiding; Councilmembers Higley, Bryan, Cummings, and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations and the Po 1 ice Chi ef . Councilmember Cummi ngs deli vered the i nvocat i on and 1 ed the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council ,which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS:' Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. Kathleen Ballanfant, 3123 Amherst, editor and publisher of The VillaQe Life. wished to address Council concerning agenda item No. 5: DesiQnation of Official Newspaper for 1986. She requested City Council consider designating TheVillaQe Life as the official newspaper as it was the only locally owned newspaper which qualified to serve the city in this capacity. '~-' After discussion, motion was made by Councilmember Cummings, seconded by Councilmember Schwartzel, that designation of the official newspaper for 1986 be tabled until the next regular city council. meeting scheduled for January 20, 1986, to allow time to review the legal requirements for newspapers. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None ITEMS TO BE REMOVED FROM CONSENT AGENDA: No member of the City Council desired to remove an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Hi gl ey, Bryan, Cummings. Schwartzel None' None r-T I T"'=cc~~C"''''r'W'~C~CC''l 'Ii ',' :llf - - - --~-",c-'-""T"T~if~'nIll'JIIT_l'-- Regular City Council Meeting, January 6, 1986 137 n LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,070.80 for,legal',services relating to the Zoning Ordinance Amendments and the invoice in the amount of $3,464.47 for legal services to the City for the month of December 1985. Mati on was made by Counci lmember Bryan, seconded by Councilmember Higley, that the invoices "for legal services be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, touncilmembers Higley, Bryan" Cummings, Schwartzel None None COUNCIL COMMENTS: Councilmember Bryan called attention to the letter recelVed from a resident commending the Police Department, and particularly Officer Grabowski, and Officer Morton for their professionalism and outstanding support folloWing a burglary at the resident's home. [ Councilmember Schwartzel requested that regulations on non-resident use of park facilities be on the next workshop agenda. Mayor Parks reported he had noted s~veral violations to the zoning ordinance regarding multi-family; property in single family residential districts. He submitted a series of photographs for city staff to use in their inspection of the properties in ,question and requested a report' upon completion _ of staff' s~ investigations. Councilmember Higley requested the temporary sign in front of the Community Building be removed. STAFF REPORT: Mr. Rockenbaugh, Ci ty Manager, had nothi ng further for the Ci ty Council to consider at this time. CITY COUNCIL MEETING MINUTES: Minutes of the regular meeting of City Council on Monday, December 23, 1985, were submitted for consideration. ' 11 L--- Councilmember Bryan offered the' following correction to her council comments to'~read: "Councilmember Bryan suggested that city staff show what the total project cost will be: front and back~ total citizen and city costs. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the minutes of the regul ar City Counci 1 meeting on December 23, 1985, be approved as corrected. 138 .. Regular City Council Meeting, January 6,;1986 Voting Aye: Voting No: Absent: Mayor Parks, Counci lmembers Hi gley, Bry_an, Cummings, Schwartzel None '. None n ADJOURNMENT: With no further business 'to come before Council at this time, upon motion duly, made, seconded and carried, the meeting adjourned at 7:50 P.M. o U\ j' .. ': ". 139 n' >,' :.") , " , ,T REGULAR CITY COUNCIL MEETING JANUARY 20, 1986 7:30 P.M. City Council convened in regular session at the City Hall on Monday, January 20, 1986, with the following members present: Mayor Parks, presiding; Councilmembers Higley, Bryan, Cummings, and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, Superintendent of Public Works, and Chairman of the Zoning and Planning Commission. Mayor Pro Tern Higley delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Jack Browder, 4149 Amherst, as a resident and runner in the Houston-Tenneco Marathon, expressed his appreciation personally and on behalf of the Marathon Committee to the City Council and city staff for the cooperation and support the committee received to help make West University the best section of the race. Mr. Browder then introduced Bill Gertsner. o Mr. Gertsner, Regional Director for the West University section, expressed his appreciation for the support received from the City and inquired as to the effectiveness of the back-up responsibility of the Marathon Committee after the race. City Manager, Mr. Rockengaugh, commented that the ,only questions city staff received was from res i dents who wanted to, know the best way to get to church. Mr. Gertsner stated that the Marathon Committee would like to run the race through West University Place next year. CouncilmemberBryan,commended the Marathon Committee, and Tenneco Inc., for,their'.organizationand their willingness to work with the Council and the citizens of West University. CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. [ John Fafoutakis, resident of Southside Place, addressed~ the Mayor and City Counci 1 concerni ng the charges to Southsi de Pl ace for ambulanceservi.ce.. ,He stated that SouthsideP.lace started contributing to West University Place voluntarily to help meet expenses for ambulance service. The current amount is $5,000 a 'Year.' Now 'the CUy" of, West University Place plans to increase that charge to $25,000 a year. Mr. Fafoutakis. inquired as to how the City of West University could justify such an increase. He felt it was unfair to ,the population of Southstde, Place. Councilmember Schwartzel addressed Mr. Fafoutakis and commented that the City of West University had met with the Southside Place Mayor and Ci tyMana'ger, and di scussedwi th them the over all costs of running the ambulance service. We discussed ~stimated figures 140" Regular City Council Meeting, January 20,1986 and invited their participation and comments. Then we decided we [ would adjust to $25,000 this year and continue to study the situation. The Mayor and City Manager of Southside Place are invited to continue to study it and bring information to show us why our figures may need adjusting. Councilmember Bryan commented that the people in West University Place, per household, are paying still more than the City of Southside Place, but at ,least Southside Place is becoming more equitable in terms of how much it costs per call. Counci lmember Hi gl ey stated that West University Pl ace is sti 11 shouldering the lion's share of the load to have the same service available. As a member of the Ambulance Advisory Board representing Council I am aware that Southside Place has a representative on that Board. This person felt the increase was fair. Mayor Parks stated that West University Place citizenry is made up of the same type of peop 1 e as Souths ide Pl ace and it wou 1 d be unfair to ask those people to bear a higher percentage of the costs than the people of Southside Place. The Mayor then suggested that the numbers were available and that Mr. Fafoutakis could get the information when it was convenient for him. , Mayor Parks asked if anyone else wished to speak concerning an IJ agenda item. l Mr. Stephen K. 'Huber, 6421 Mercer Street, addressed Ci ty Counc il concerning a stop sign at the corner of Mercer and Pittsburg which was removed some time back. He explained that he thought the stop sign was removed in error. When the stop sign was replaced, instead of stopping the traffic on Mercer, it stopped the traffic on Pittsburg. He presented a petition signed by neighbors stating they agreed that there was a need for a stop sign on Mercer Street. City Manager, Mr. Rockenbaugh, stated he thought the sign was removed as a result of a traffic study. Some of the signs were removed and some were relocated. Mr. Rockenbaugh said he would check whether that particular sign was one relocated. Mayor Parks stated that if the sign were misplaced, that would be an easy problem to solve. If it is a matter of moving the stop sign with the result of a change in the traffic pattern, City Council waul d want to send that to the Traffic Committee to work that out with the Police Chief. Councilmember Schwartzel advised Mr. Huber that the City was bound by State Law that determi nes where we can put a stop sign and where we can not put a stop sign. Mayor Parks recommended Council refer the matter to staff for the next workshop meeting. u Regular City Council Meeting, January 20, 1986 141: ~';J '" "~w J:?".,,";! \~\: ~.~:' ':. ITEMS TO BE REMOVED FROM CONSENT AGENDA: No member of the City Council desired to remove an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Cummings', that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None PARABOLIC OR DISH-TYPE ANTENNA: Mr. Denton who requested to address the City Council concerning the ordinance relating to parabolic or dish-type antennae did not attend the council meeting. ORDINANCE RELATING TO COMMERCIAL DI~TRICT ZONING AND REGULATIONS. OFF-STREET PARKING, SWIMMING POOLS, FENCES ,AND RELATED MATTERS: [ The Ci ty Attorney, Jim: Dougherty, presented for Counci l' s consideration the Commercial District Ordinance, Ordinance Number 1252 and the Off-Street Parking Ordinance, Ordinance Number 1253, as amendments to the Zoning Ordinance. The other two ordinances relating to ,Swimming 'Pools" :Ordinance:, Number 1254, and Fences, Ordinance Number 1255, are recommended at this time as amendments to the genera 1 code of ord\i nance. ' Therefore, Ordi nances Number 1254 and Number 1255 are in a slightly different form. Resolution Number 86,...1 extends' the: temporary period - on bui,lding permits to and including March 1, 1986, wh-ich 'will allow time. for Council to consider the amendments to the Zoning Ordinance in the usual time frame for two readings. 'There was a' favorable' recommendation from the: Zoning and : Planning Gommis'sion ", for the adoption of the ordi:nance's~ presented':', The' following Zoning and Planning Commission report was presented to the City Council: '. :', IIJanuary 20, 1986 The Honorable', Mayor and: Members' ',: of the City Council City of West University Place, '.:: 3800 University Boulevard West University Place, Texas 77005: Re: Proposed Amendments to the Zoning 'Ordi'nance ,of the ,City of West University Place,. ' , ' n Dear. Mayor-:Par.ks 'and Members "of the City Council: I~' I _. -. ~ i'~ . ,-, "-' The :Zoning and Plann;-ng"qCommission of, the City of West University' Pl:a:ce (the' !'Corrunissionll) recommends adoption of the attached proposed 142 Regular City Council Meeting, January 20, 1986 (1) a consolidated comlJlercial zoning classification with updated rules and regulations (the "commercial district amendment") u amendments to the City I S Zoni ng Ordi nance. The recommended amendments relate to: (2) updating the parking ordinance and bringing it forward into the zoni ng ordi nance (.the "parking amendment") (3) carrying forward the swimming pool ordinance into the zoning ,ordinance (the "swimming pool amendment") and , (4) bri ng forw~rd" the fence ordi nance into the zoning ordinance (the "fence amendmentll) The proposed ,amendments are submitted, in response to the specific request of the Council, as expressed in Resolution Nos. 85-24 and 85-25 passed October 28, 1985. . The Council requested that the Commi ssi on examine the estab 1 i shment of a commercial district as well as amendments relating to parking, swifn!lling pools and fences. The CounciT also adopted a limited bui 1 di ng moratorium pending consideration of the commercial district amendment. o Since October, the Commi s si on ha s ,met wee k 1 y to consider the drafting of proposed amendments, with special emphasis on the commercial district amendment. The Commission has reviewed and considered the comprehensive plan of the City, adopted by Ordi nance No. 1243, whi ch sets forth primary goals of the City as follows: (1) to maintain the existing residential character of the City; and (2) to maximi ze the tax base of the City without undue burden on the residential property owner. The Commi ss i on examined Secti on 24-B of the zoning ordinance as the basis for a single comprehensive provision to deal with all commercial property in the City. The Commission also determined that other provisions relating to commercial property were deficient due to ambi guous wordi ng and fail ure to address several significant building criteria. u Regular City Council Meeting, January 20, 1986 143 n; !.. ~ [.' ., The Commission consulted Articles lOlla, lOllc anrllOllf, of the Revised Civil Statutes of Texas re'l:citing to the purposes of zoning in order to ascertain factors which are proper for promoting health, safety, and morals and for the protection and preservation of places and areas of historical, cultural or architectural importance and s i gni fi cance or the general welfare of the community. Citizens, qualified urban planners, real estate developers who have expressed interest in building in the City, planning officials of other cities in the Houston metropol itan area, as well as local and regional non-profit organizations assisting cities in land planning were contacted and provided input to the Commission. [ At the joint public hearing of the Commission and Council, a number of speakers addressed the proposed ordinance amendments. Generally, the comments favored a careful regulation of commercial property, and in some instances the speakers. advocated more restri ctive regulations than were proposed, particularly in regard to hei ght and a 1 coho 1 i c beverages. Most speakers who addressed the issue favored allowing single-family uses in the commercial district. Virtually no owners of property in the proposed commerci a 1 di stri ct .opposed any of the regul ati ons 'proposed, ,and J the Commi ssi on is of the opinion that th~ recommended commercial di stri ct' amendment 'wi 11 ' allow a vari ety of building types that will enhance the CitYii and individual properties. After the joint pubHc hearing, ,the Commission met and considered specific input of the citizenry to the proposed' draft, of the commerci a 1 di stri ct amendment. The recommended amendment has been revi sed, to,. ta ke into account the comments of citizens at the public hearing as follows: [ (1) A maximum height of 35 feet is imposed on all structures 'in commercia.l d'istricts. (2) Bars are more carefully regulated. (3) Single.;.familYl res,ide,nti.aT uses are allowed in the commercial district. 144 Regular City Council Meeting, Januar.y2Q, 198,6 ,; Investigation by the Commission revealed that virtually every commerCial district in the City directly abuts ,a single family residential zoning district. Considering this unique situation, the. Commission strongly ,feels the regulations included in, the, ,commercial district , " amendment are reasonabl e ,and not overly burdensome to the owners of property in commercial districts. "Issues most important, to the Commission in arriving at the specific regulations included in the zoning amendment are: u (1) buffering, (2) traffic" (3) restriction of on-street parking caused by commercial usage, , .' prevention of,over.cr.owding of land preventi o.n of overburdeni ng of pub 1 i c util ity, systems, fire safety, and in general, promotion of health and general welfare of the public. It is, important to. note that the scope of the proposed zoning amendment covers only those zoning districts shown as, "retail businesses" or "officesll on the official zoning map of the City adopted by Ordinance No. 1243, passed October 14, 1985. However, due to inconsistent actions by the various councils over the years since 1937 when the zoni ng "ordinance was fi rs tadopted, there are vari ous properti es in the City whi ch, a 1 though properly, i nc 1 udab 1 e in the new II commerc i al" d is tri ct and in many cases used for commercial purposes, are not within the commercial classification,: because, of their current zoning. After discussion with various urban planners including Mr. Thomas E. Palmer, author of the comprehe.nsi ve plan for, the Ci ty , the Commission recommends further action be taken to, bring such properUes within. the commercial district classification. The intention of 'the Commission is not to re-zone residential properties for commercial uses, but to insure (4 ) .. (5) , (6) (7) provision of .open spaces, providing adequat~ light and air, (8) (9) o u Regular City Council Meeting, January 20, 1986 145 u'.., " , " , . that all property within the City is properly regulated. The parking amendment, as recommended, is substantially identical to the parking ordinance adopted some years ago. However, the requirements for the number of parking spaces per use has been modified so as to require the greater of the number of spaces previously requi red or the number of spaces currently used in urban planning professions. However, there was some concern by the Commission that even with thi s approach, the parki ng requi rements for restaurants, bar.sand clubs may not adequately address the needs of a uni que', C,i ty .suct) as West University Place. The Commission is aware that the issue of ,adequate parking has recently been considered by the Council and would respectfully request that the, Council carefully review the requi rements for parking in 'restaurant, bar and club classificat;ons~ o The swimmi ng pool amendment is recommended for adoption by the Cpunci 1 . ',' However, the Commission respectively requests that the Council consider inserting into the znning ordinance' only the portion of the .swimming pool amendment relating, to "setbacks. The rest ,cou,ld be inserte~ ~nto the' general code of ordinances. The Commission recommends adoption of the fence amendment to 'a 11 ow its proyi s ions to be subject to the jurisdiction of the Zoning Board of Adjustment. After three months of study, the, revi ew of hundreds of pages of zoning ,ordinances of cities s'imilar to West, University., Place.; hearing the input from over one hundred residents of the City and, having reviewed our recommended, amendments with the City Attorney and with the city planner retained by the, 'City, for preparation of 1.its comprehensive plan, the Commission unanimously recommends adoptiQn' of the attached amendments to the zonin~ ordinance. . 'Respec;ti v,e ly "Submi tted, u /s/ Reid C. Wilson Chairman "j For the ,Commi s5,i onn Mr. Wilson stated that Z&P Commission was now proposing to allow a non-conforming use to be expanded up to 10% of total cubic volume . --L..J 'HI' ~'l,.j 111 "I 146 Regular City Council Meeting, January 20, 1986 without 'having to comply with all the requirements of the Zoning Ordinance. Mr. Wilson stated that he believed the proposed amendments presented to the City Council were fair, were reasonable and encouraged commer~ial development in the City. The fo 11 owi ng Ordi nances -were presented for Counci lis consideration: ORDINANCE NO. 1252 AN ORDINANCE RELATING .TO COMMERCIAL DISTRICT ZONING;, AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL DISTRICT AND REGULATIONS THEREIN, TO INCLUDE RELATED PROVISIONS AND TO REPEAL OTHER.PROVISIONS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT. . ORDINANCE NO. 1253 AN ORDINANCE RELATING TO OFF-STREET,:PARKING AND RELATED MATTERS; AMENDING THE ZONING ORDINANCE; PRESCRIBING A PENALTY; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mayor.Parks asked if there were ,any amendments for Council's consideration at this time. Reid Wilson suggested Council consider applicability of certain portions of the zoning ordinance .amendments, Ordinance Number 1252, as they relate to currE!ntnon-conforming uses. The Z&P Commission dealt w.ith a number., of issues' that are not addressed currently in the current zoning ordinance. Among those are: (1) buffering, which relates. to. fence requirements (2) special screens, which relates to screening of loading docks (3) lighting intensity,'dealing,w,ith spill over from commercial property to residential property (4) a requirement of pervious area to facilitate drainage " (5) a requirement for planting of a tree (6) prohibition'of out-door storage The Commission did not decide on an exact proposal as to which portions of the zoning ordinance should be made applicable to non-conforming uses. Thel:ityAttorney presented for Council's consideration an amendment to non-conforming use regulations to require sooner compliance with certain provisions: , ~,-< ,~ ~., ~~.~ u o u Regular City Council Meeting, January 20, 1986 147 R,," :...,' ".<- Amend Subsection 11(1)11 Non-Conformin Uses of the proposed section 5 to add a new subsection 6 to read as follows: (6) Notwithstanding the foregoing, it ,is specifically provided that each parcel within the commercial district must be brought into compliance with subparagraphs (3), (4), (5) and (7) of subsection (e) and with subparagraph (2) of subsection (f) of this section on or before , 19~, except to, the: extent that a variance is duly obtained. It was suggested for cori~ideration that subsection (g) Trees be added to the amendment. The City Attorney advised Council .that they may consider on second reading an amendment .if it does not change the nature of the ordinance. o Mayor Parks recommended Council accept Ordinance Number 1252 on first reading, that it be studied to see what should be a proper time for compliance and' brought back ,for consideration at the second reading. Councilmember Schwartzel discussed section (e), subparagraph (4) Trans.ition Features'. ,Hefe:l:titthat lto require an opaque fence or wall eight feet in height along a side lot line of a commercial parcel with a common boundary with a residential district was too restrictive. Councilmember ,Sc:hwartzel movecl that the phrase in (4) Transition! Features'. IIcmd::along:anYJ.boundary of such a parcel lying within 20 feet of a side lot line of a parcel lying within a residential districtll be de.leted,.The motion died for lack of a second. ' ' ' ':\ Mayor Parks asked for further comments from Council. ~iscussion was held concerning, Ordinance Number 1253~ the Off~Street Parking Ordinance. n Councilmember Bryan recommended thatl,,the::parking requirements for restaurants, clubs, cafes or similar recreation or amusement establishments be increased from one space for each' four seats for the general public to one space for each three'seats for the general public. Councilmember Schwartzel stated he was hesitant to select a number limiting parking s'p'a'ces at this time and recommended Council study the: is'sue:fut'ther.., Councilmember Schwart1zel then: made ,a, motion that City Council adopt Ordliinance Number 125'2 and Ord:inance Number 1253 as recommended by the Zoning and Planning Commission. Mayor Parks recommended that Council address the amendment before entertai<ning:ia m6.t,ion,to adopt!:lthe' ordirialnce. i.J' \;] ~: ,L'..' ,': ' ; ;',1 Councilmember Schwartzel withdrew his motion. ! .' 148 Regular City Council Meeting, January 20, 1986 After further discussion,motidn wa:s made ,by Councilmember Bryan that the Off-Street Ordinanc'e Ex,h~bit A be amended.to read: Section 34. OFF-STREET PARKING, I u (a) Minimum ReQuirement~, I': ' (7) Restaurant,~ club, cafe or similar recreation or amusement establishment: the .greater of: (i) one space for each three (instead of four) seats for the genera~ public; or'(ii} 3.33 parking spaces for each 1,000 square feet! of. fluor area. Councilmembers voting ,Aye:: '.,.Mayor Parks, Councilmeinbers "" Higley, Bryan, Cumm~ngs Councilmembers voting No: Councilmember Schwartzel Councilmembers Absent: None Motion was made by- Councilmemb:erBryan, seconded by Councilmember Higley ,that City Council accept as amended on first reading Ordinance No. 1252, AN ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING; AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL DISTRICT AND REGULATIONS"THEREIN, TO INCLUDE RELATED PROVISIONS AND TO 'REPEAL OTHER PROVISIONS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT:, .and Ordinance No. 1253, AN ORDINANCE RELATING' TO OFF-STRE~TPARKING AND RELATED MATTERS; 01 AMENDING THE ZONING ORDINANCE; PRESCRIBING A PENALTY; AND CONTAINING, FINDINGS AND, OTHER :PROVISIONS RELATED TO THE SUBJECT. Councilmember, Schwartilel stated that while he, did not feel the ordinances were perfect, they were a great improvement'over what the city had on record at this time and therefor, he would support their adoption. Councilmembers voting Aye: Councilmembers Voting No: Counci lmembers' Absent::, ' Mayor Parks, Councilmembers Higley, Cummi,ngs., Schwartzel None None Mayor Parks presented the fall owi'ng ordi nances for'Counci 11 s consideration. ORDINANCE NO. 1254 AN ORDINANCE RELATING TO 'SWIMMING POOLS; AMENDING THE CODE OF ORDINANCES; PRESCRIBfNG A' PEN'ALTY: AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJ,ECT ORDINANCE NO. 1255 AN ORDINANCE RELATING TO FENCES; AMENDING THE CODE OF ORDINANCES; PRESCRIBING A PENALTY AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT ' u Regular City Council Meeting, January 20, 1986 149 The City Attorney advised Council that the attachments to the ordina'nce are,,:exactly the same as recommended by the '..Zoning and Planning Commission. Motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that Ordinance Number 1254 be accepted as presented at first reading. Councilmembers Voting No: Councilmembers Absent~ Mayor Parks, Councilmembers :Higl ey, Bryan, Cummi ngs, Schwartzel None None Councilmembers Voting Aye: Motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that Ordinance Number 1255 be accepted as presented at first reading. Councflmembers Voting Aye: Councilmembers Voting No:, Councilmembers Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None j.', [ Mayor Parks presented and read Resolution Number 86-1: RESOLUTION AMENDING RESOLUTION NO. 85-25 (RELATING..TO CERTAIN BUILDING PERMITS DURING A TEMPORARY: PERIOD PENDING if HE CONSIDERATION OF PROPOSED AMENDMENTS TO THE ZO~ING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE) AND EXTENDING THE TEMPORARY PERIOD DESCRIBED THEREIN. WHEREAS, by the passage of Resolution No. 85-25 on October 28, 1985, the City Council restricted the issuance of certain building permits pending the consideration of certain amendments to the City's zoning ordinance; and WHEREAS, it appears that, although substantial progress has been made in connection with the proposed amendments, a limited additional period is required to complete the City Council's consideration of the proposed amendments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF .THE CITY OF WEST UNIVERSITY PLACE, TEXAS':) "I i.'; l'i ." Section 1. The temporary period described in_Section 2 of Reso 1 uti on-No. 85-2:5. is hereby extended through and i nc 1 udi ng March 1, 1986, unless the City Council has sooner adopted an ordinance' establishing the "commercial" class;ificationand prescribing comprehensive provisions:'fo,r the classification, as contemplated by Resolution No. 85-25, in which case the temporary period ends upon the adoption of such ordinance. ,. 150 Regular City Council Meeting, January 20, 1986 Section' 2., If any word, phrase, clause, 'sentence, paragraph, section ,or other part of thi's resolution or, the'application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application' of such word, phrase, clause, sentence, paragraph, section or'other' part of-this resolution to any other persons or circumstances shall not be affected thereby. Section 3. All resolutions and part of resolutions in conflict herewith are, hereby repealed to the extent of the conflict only. Section 4. The City Council officially finds, determines and declares that a sufficient'written noti'ce1of the date, hour, place and subject of each meeting at which this resolution was discussed, cons i dered ,or, acted upon was "gi ven in the manner requi red by the Open Meetings Law, TEX. REV. ,CIV'. STAT,. ANN. art. 6252-17, -as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council, ratifies, approved and. confirms such notices and the contents and posting thereof. u PASSED AND APPROVED this 2..Q..t.b day of January, 1986. Councilmembers Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None " None o CountiTme~bers Voting' No: Councilmembers: Absent: !. :. ",': /.. \" Michael L. ~arks, Mayor Attest: Audrey Nichols, City Secretary (SEAL) APPROVED AS TO FORM: " ~. . James L. Dougherty, Jr., City Attorney Motion; was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that Resolution Number 86-01 be adopted as. read. Councilmembers Voting,Aye: .Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None u Councilmembers Voting No: . Counci lmembers Absent: Regular City Council Meeting, January 20, 1986 151 f", , ' Mayor Parks and members of the City Council expressed their appreciation to Reid Wilson and the Zoning and Planning Commission for the excellent work they did in presenting the amendments to the zoning ordinance. CITY HALL RENOVATIONS: In accordance with previous action of the City Council, consideration was given to the bid opening for renovations to city hall: Asbestos Removal and Miscellaneous Work. Mr. Rockenbaugh stated that the bidders' Qualification Statements were opened on January 9, 1986. All the references have been checked and all the information required by the city was complied with by the three companies submitting bids. However, the city is in receipt of a, letter, dated today's ,date, January 20, 1986, from Paisan Construction Company as follows: "January 20, 1986 City of West University Place 3800 University Blvd. Houston, Texas 77005 Re: City Hall Asbestos Removal and Miscellaneous .Work o Gentlemen: We have been notified ,th:is afternoon (3:30P.M. ) thait ,our firm has been deemed not qua li fi ed as a general, contractor.' on the above refe,renced project. This your decision fo'llowing' study of ourpre-quaJification statement (Envelope #1) opened January 9, 1986. Inasmuch as actual bids (Envelope #2) are scheduled to be opened at 7:30 P.M. tonight, and have not at this writing been opened, we wish to withdraw our bid. "j: .', Please return our unopened bid. Very truly yours, PAISAN CONSTRUCTION COMPANY /s/ J. H. Meyer, Jr. J~ H. Meyer, Jr. President JHM:pas" n Mr. Rockenbaugh advised City Council that city staff was not making a statement that Patsan Construction Company was not a qualified bidder. Paisan Construction Company would not tell staff the names of the sub-contractors:they intended to use. Mayor Parks invited Mr. Meyer, to speak. Mr. Meyer addressed Council stating he disagreed with the bidding procedures followed 152 Reg41ar City Council Meeting,'January 20,' 1986 in this particular case and for that reason his company requested U to withdraw their bid unopened. ,P;a isan Construction Company bid (Enve'l ope #2 ) 'was returned to Mr. ; Meyer unopened. ,I The following bids were opened and results announced. Bidder Amount of Bid Notes David Evans Contracting Inc. 902 D West, 23rd Houston, Texas 77008 $245,000.00 Lebco Construction, Inc. P.O. Box 771949 Houston, Texas 77215 , $207,900.00 " Removing only asbestos shown on plans. Insurance policy limit: one mi 11 ion dollars. Upon Mayor Parks' recommendation, the bids were referred to members of staff for review and recommendation for award. DESIGNATION OF OFFICIAL NEWSPAPER FOR 1986: Consideration was given to designating' the Official Newspaper for legal notices and publications for the city. Mr. Rockenbaugh stated that the city's publication requi~ements have been reviewed with several members of city staff. The VillaqeLife is a qualified newspaper as defined by state--- statute~' However, in view, of the time constraints for publications required of the city in the publication of ordinances, bid notices, public hearings and other notices, city staff recommends the official newspaper be one that is published dai ly. o Motion was made by Councilmember Cummings, seconded by Councilmember Schwartzel, that The Houston Chronicle be designated as the Official Newspaper for the City of West University Place for 1986 and until another designation is made. Councilmembers Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None Councilmembers Voting No: Counci lmembers Absent:; HARRIS COUNTY APPRAISAL DISTRICT APPRAISAL REVIEW ,BOARD: Consid'eration was given to the recommendation for appointment to the Harris County Appraisal District Appraisal Review Board. City Manager 'Mr. Rockenbaugh; adv.i sed City Counci 1 that the three individuals recommended to you have declined because they did not feel they had the ,time available to serve on this board. n Regular City Council Meeting, January 20, 1986 n". , , " 153 Motion was made by Councilmember Schwartzel, seconded, by Councilmember Bryan, that appointment to the Appraisal Review Board be tabled to allow time for further consideratTon. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None GULF COAST WASTE DISPOSAL AUTHORITY: Consideration was given to the election of a director representing municipalities in Harris County to the Gulf Coast Waste Disposal Authority Board. Motion was made by Councilmember Higley, seconded by Councilmember Cummings, that the Mayor be authorized tq execute t~e ballot to elect Judge John Wi 1 dentha 1 to the Board of Di rectors of' the Gu 1 f Coast Waste Disposal Authority. Councilmembers Voti,ng Aye: ~ ; i " Councilmembers Voting No: Councilmembers Absent: o '.> Mayor Parks, Councilmembers Higl~y, Bryan, Cummings, Schwartzel ' None None .' PURCHASE OF OFFSET PRESS: Consideration was given to authorize the advertising for bids for the purchase of an offset press for the Community Building. /"1 ' ;.l i ~ . ' . .' :.. I . Motion was made by Councilmember Schwartzel, seconded ,by Councilmember Cum~ings,that the City Manager be authorized to advertise for bids for the purchase of an offset press. Councilmembers Voting Aye: : r! ,. ! ~ I , ! Councilmembers Voting No: \',"'" Counc,ilmelnbers .Absent: . f ;' ~. I . ) . I J \: . Mayor'Parks, Counci lmembers Higley, Bryan, Cummings, Schwartzel ' None None COMPUTER SOFTWARE: Cons,iderationwas' gi.ven to,(the, invoJice in the amount of $13,243.33 submitted by Municipal Software representing the second one-third payment due for the application software 1 icense fee'. ' ,'ii' ~\ ' , ; Motion was made:;by Counc,i.lmember Schwartzel, seconded by Councilmember Cummings, that City Council approve for the payment theilivoice in Ithe amount of\$'l3,243'~33,to;Mun;ci'Pal; Software. bOlinci lmembers Voting Aye: n J.: i Councilmembers Voting No: Councilmembers Absent: ",Mayor Parks , Counci 1 members Higley, Bryan, Cummings, , Schwairtze 1 ,None None 1.54 Regular City Council Meeting', January 20., 1986 1983 BOND PAYMENT: Consider.ation was ~given' to the invoice from First n City National Bank of Houston, for payment due for the city's 1983 bond issue. Motion was made' by Councilmember Schwar.tzel, seconded by Coundlmember Cummihgs~ that the invoice in the amount of $288,216.50 be approved for payment to First City National Bank of Houston for the city~s 1983 bond issue. Councilmembers Voting Aye: Mayor Parks, Councilmembers Higley,Bryan~ Cummings, , Schwartzel Counci lmembers Votin'g No:" No_ne Councilmembers Absent: None PURCHASE OF; PLASTIC BAGS: Consideratjon',was given to the invoice in the amount of $17,111.68 submitted by Houston-Galveston Area Council for purchase of pl~stic r~fuse Q~gs. Motion was made by Councilmember Schwartzel, seconded by Councilmember Cummings, that the invoice in the amount of $17,111.58 submitt.ed by Houston-~Galveston Area Council be approved for payment. Councilmembers Voting Aye: " . Mayor Parks, Councilmembers 'Higley; Bryan, Cummings, Schwartzel o While awaiting staff recommendation for award of the contract for asbestos removal and miscellaneous work to City Hall Mayor Parks recommended' Council' recess to go into workshop session. Motion was made by Councilmember Cummings, seconded by Councilmember Higley, that the\ ~egular meeting of City Council be recessed at 9:15P. M. to convene Council in workshop session. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent~ Mayor Parks, Councilmembers Higley, Bryan; Cummings, Schwartzel None None Councilmember Bryan left the meeting at this time. At approximately 9:55 P.M., .motion, was made by Councilmember Sehwartzel, seconded by Councilmeml)er Cummings, that the workshop session adjourn and the regular city council meeting reconvene Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Mayor Parks, Councilmembers Higley, Cummings, Schwartzel None Councilmember Bryan n CITY HALL RENOVATIONS: Consideration was given to staff Regular City Council Meeting, January 20, 1986 155 n U recommendation to award the contract for city hall asbestos removal and miscellaneous work. City Attorney, Jim Dougherty, advised Council that in review of the bids the following qualifying statements were made by the contractors: Lebco Inc., stated they would remove only certain asbestos as shown on the plans. Addendum No. 1 to the bid documents specified the removal of all asbestos wherever it is found. Also, Lebco's insurance coverage was limited to $1,000,000. Bid specifications require $5,000,000 of insurance. David Evans Contracting Inc., stated they would remove all asbestos. However, the specifications require a $20,000 bid bond. David Evans Contracting Inc. submitted a $20,000 check offered as bid security. David Evans Contracting Inc., representative confirmed the intent of the check was ,for bond security. o City Manager, Mr. Rockenbaugh, advised Council that in considering the David Evans Contracting Company bid, their bid amount of $245,000 is more than was budgeted. We will need to discuss at some date when the money would be made available. Consideration can be given to short-term borrowing from the city's depository. The repayment of this type of debt was budgeted. Motion was made by Councilmember Cummings, seconded by Councilmember Higley, that City Council award the contract for asbestos removal and miscellaneous work at city hall to David Evans Contracting Company at the bid price of $245,000 subject to deposit and clearance of the $20,000 check submitted in lieu of a bid bond. Councilmembers Voting Aye: Mayor Parks, Councilmembers Higley, Cummings, Schwartzel None Councilmember Bryan Councilmembers Voting No: Councilmembers Absent: COUNCIL COMMENTS: Mayor Parks advised that the workshop session planned for January 27 be rescheduled to January 30, 1986. STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for Council's consideration at this time. CITY COUNCIL MEETING MINUTES: Minutes of the regular meeting of City Council on Monday, January 6, 1986, were submitted for consideration. n Motion was made by Councilmember Higley, seconded by Councilmember Cummings, that the minutes of the regular City Council meeting on January 6, 1986, be approved as submitted. Councilmembers Voting Aye: Mayor Parks, Councilmembers --' 156 Regular City Council Meeting, January 20, 1986 Councilmembers Voting No~ , Councilmembers Absent: Higley, Cummings, Schwartzel None Councilmember Bryan n ADJOURNMENT: ,WHh no, further business, to come before Council at ,this time, upon motion duly'made, seconded and carried, the meeting adjourned at 10:05. , . l. : ~ r ~ o u 157 n u REGULAR CITY COUNCIL MEETING FEBRUARY 10, 1986 7:00 P.M. Ci ty Council convened in regul ar sess i on at the City Hall on Monday, February 10, 1986, with the following members present: Mayor Parks, presiding; Councilmembers Higley, Bryan, Cummings, and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Di rector of Operati ons, Chi ef of Pol ice and Superi ntendent of Pub 1 i c Works. Mayor Parks delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. o An unidentified resident who lives on Nottingham addressed Council stating she was di stressed concerning a proposed shopping mall that was to be built along Kirby Drive between Nottingham and Sunset Bl vd. She had read about the plans for the shoppi ng mall in a local newspaper. Mayor Parks advised the resident that there was no appl ication before City Councilor the Zoning and Planning Commission for the shopping mall; nor was there an application for a building permit at this time. City Council has a temporary moratorium in effect on commercial building to ;allow time for study of the city's existing zoning ordinance. Council is in the position tonight to have a reading of a proposed zoning ordinance that will provide control to our commercial development. CITIZEN, RESPONSE TO AGENDA ITEMS: Mayor - Parks invited residents who wished to address a specific agenda item to speak at this time. I' Bill Stahl, 2631 Nottingham, ,questioned' Agenda: Item No. 5(a). Consideration of Ordinance No. 1252 on second reading: AN ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING; AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL DISTRICT AND REGULATIONS THEREIN, ,TO INCLUDE RELATED PROVISIONS AND TO REPEAL OTHER PROVISIONS; AND: CONTAINING FINDINGS' AND OTHER' PROVISIONS RELATED TO THE SUBJECT. Mr. Stahl stated he was curious as to why the :ordinance combined the "Retail Business District" and the "Professional and Office Building District". n The City Attorney advised Mr. Stahl: that there' had been a number of debates on thi s questi on whi ch had to do wi th the di fferences in the two: zones. ' There. a readj acent properties zoned commercial but treated differently by previous councils. This action led to ambiguity which is difficult to defend in the court house. By combining them into one classification, the city.s zoning ordinance will be in a more ,defensible position. I 158 Regular City Council Meeting, February 10, 1986 Councilmember Higley stated that when City Council began looking Uil",'. at the city's zoning ordinance, we real ized the city had no control or restrictions. Each piece of property was dealt with according to the pleasure of Council at that time. We now, through Ordinance Number 1252, have a more, uniform zoning law so that the Ci ty of West Uni vers i ty Pl ace wi 11 be protected as a primarily residential city. Mr. Stahl asked why in the original ordinance was there a separation between the retail and office districts. Councilmember Schwartzel responded that in the original schemes of things, there was no allowances for an office district. There was at a later date an application for an office which a previous Council incorporated, i ntothe Zoning Ord,inanCe. When the present Zoning and Planning Commission compared the lack of restrictions in the commerci a 1 zone to that requi red in the offi ce zone, it became apparent the control was not the same. Now, control is uniform so that the city wi 11 know what we can use the land for now and in the future. Mr. Stahl stated he thought that these things could be corrected without lumping what are now "Retail Commercial" and "Professional and Office Building" Districts into one zone. Counci lmember Schwartzel stated that the proposed ordi nance is !JIlt, more restrictive than it was before even though the two districts are combined. The other restrictions in the proposed ordinance provides the control the city needs to protect West University Place. Geoff Lanceley, 2626 Nottingham, stated that, as he understood it, Ordinance 1252, Section 2, repeals Section 24-B (relating to the office district) of the old ordinance. Mayor Parks responded he was correct. If the ordinance is passed tonight it becomes law. If we dot approve the ordinance tonight, the city will be left with no protection from unrestricted development. Mr. Lanceley suggested City Council consider leaving the II Professional and Office Building" restrictions' i~ the current ordinance as it is. Mr. Lanceley felt there existed a large difference between a retail business and an office building. There is a difference between the number of people who come and go at one time of day. Retail is open Saturdays and Sundays and the people come and go during weekends at all hours. Richard Wasteneys, 2718 Sunset, stated that even though the city has dealt, with the traffic problem on Sunset, the parking U.~ limitation does not apply on weekends. Mr. Wasteneys suggested two individual ordinances, each one brought up to the restrictions desired for proper control, but to keep the retail district separate from the office district. Regular City Council Meeting, February 10, 1986 159 Mrs. Lanceley, 2626 Nottingham, suggested that if the two districts are combined it will allow development which will decrease residential property values. Peggy Cannan, 2703 Sunset, stated the proposed shopping mall development plans indicated a' parking garage to be located at the property across Sunset and behi nd the restaurant at the intersection of Sunset and Kirby. The No Parking except with parking permits does not apply to weekends. Several other unidentified residents addressed City Council. The general concensus of all those who spoke wa~ to request deleting all references to the "Professional and Office Building District" from the proposed Ordinance Number 1252, leaving the "Office District" to be studied ,for regulatory amendments in the near future. The City Attorney advised that since the existing regulations applicable to office district are adequate, Council might consider deleting the office district from the proposed ordinance and have the new regulations apply only in the "Retail Business District". [ ITEMS TO BE REMOVED FROM CONSENT-AGENDA: 'Councilmember Schwartzel recommended that Agenda Item #11, Re-roofing of Community Building, be coordinated with the construction now in progress for the addition to the Community Building. ~ City Manager, Mr. Rockenbaugh, explained that it was for that purpose that the ,request to advertise was submitted at this time. No member of City Council desired to remove an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan; that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks,Councilmembers Higley, Bryan, Cummings, Schwartzel None None' ORDINANCES RELATING TO COMMERCIAL DISTRICT ZONING AND REGULATIONS, OFF-STREET PARKING. SWIMMING POOLS', FENCES AND :RELATED ,'MATTERS: Mayor Parks suggested Counci 1 consider del eti ng the "Offi ce District" from the proposed Ordinance Number 1252, applying the new restrictions and regulations in Ordinance Number 1252 to "Retail Business". [ The City Attorney advis,ed :that if the Coundl: wished they might amend Ordinance Number 1252 by deleting all references to "Professional and Office Building District"'.' The 'ordinance could be accepted as modified tonight on the second, but not final; reading. At the next regularlyschedu'led' council meeting, the modified ordinance could be read for final adoption. The City 160 Regular City Council Meeting, February 10, 1986 Attorney also recommended extending the moratorium on commercial building permits ten days'.. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council amend Ordinance Number 1252 to apply only to the II Retai1 Business Districtll, no'i'to apply to the IIProfessional Office Building Districtll; deleting all references to IIProfessional and Office Building District; that Subparagraph (2) of Section 3, Section 24-B (relating to the professional and office building district), not be repealed but be preserved; and that the moratorium on commercial building permits be extended ten days. i~1 ~ I , J '--.J Voti ng Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, , Cummings, Schwartzel ,None None Motion - 'was' made by Councilmember Schwartzel, seconded by Council member Higley, that Ordinance Number 1252 be amended to provide special effective dates' for some features of the new ordinance as follows: amend Subsection (1) of Section 5 by adding a new sub-paragraph (6) to read'as follows: , 11(6) Notwithstanding the foregoing, after August 31, 1986, this subsection does not apply to violation of the following [ " provisions of this section: (i) Paragraph ..(5) of Subsection (e), first sentence (relating to special screens). (ii) Paragraph (7) of Subsection (e) (relating to outdoor storage). (iii) Paragraph (2) of Subsection (f) (relating to lighting).1I Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that Ordinance Number 1252 be further amended to clarify the IIPervious Areall' definition by amending Paragraph (16) of Subparagraph (b) of Section, 5 to read as fo~lows: II (16) IIPervious areall means an area of, natural ground ,covered by grass, trees, shrubs or other living plants, all designed, constructed and maintained to allow water to pass through, be retained or' absorbed, thus preventing excess water flow off the property. The area occupied by impervious landscape materials (such as, for example, borders, stepping stones or retaining walls) or by paving materials (including, for example, gravel and concrete or composite materials with II 1 spaces for grass or, living plants) is not counted in the computation of pervious ,area. II L Regular City Council Meeting, February 10, 1986 1&1 l : n Motion was made by CouncilmemberHigley, seconded by Councilmember Schwartzel, that Paragraph (4) of Subsection, (e), ocf Section 5 of Ordinance Number 1252 relating to the requirement for boundary fences be amended to read as follows: "(4) Transition Features. Along every common boundary between a parcel containing a structure and any residential district, there must be an opaque fence or wall eight feet in height. Unless both sides of the fence or wall are finished, the finished side must face the residential district. Where a parcel containing a building or structure lies directly across a street from any property within a'residential district, there must be the greatest practical amount of pervious area ~ithin the front ten feet of the parcel." Motion was then made by Counci lmember Schwartzel, seconded by Counci lmember Bryan, that the above amendments be tabled until the City Attorney can incorporate the amendments into Ordinance Number 1252 on the table. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None c Mayor Parks presented Ordinance Number 1253 for second reading and read the caption as follows: AN ORDINANCE RELATING TO OFF-STREET" PARKING AND RELATED MATTERS; AMENDING THE ZONING ORDINANCE; PRESCRIBING A PENALTY; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT. Motion was made by Councilmember Schwartzel, seconded by Council member Cummings ,: that Ordinance Number 1253 be adopted on second reading. The City Attorney suggested that Ordinance Number 1253 may be cross-referenced in Ordinance Number 1252 and recommended 1253 be tabled. until he could verify the ordinance. Moti on was made by Counc i 1 member Cummi ngs , the City Attorney had ordinance. ,Counci lmember Schwartzel, seconded by that Ordinan~e Number 1253 be tabled until time to check 'out theamel)dments to the ; . n Voting Aye: Voting No: Abse,nt:f.. : Mayor Parks, Councilmembers Higley, Bryan, .Cummings, Schwartzel ' None NOJne Mayor Parks presented Ordinance Number 1254 for the second reading and read the caption as follows: l62 - -- ...... Regular City Council Meeting, February 10, 1986 AN ORDINANCE RELATING TO SWIMMING POOLS; AMENDING THE CODE OF ORDINANCES; PRESCRIBING A PENALTY AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT I , , ~ Moti on was made by Counci 1 member Bryan, seconded by Counci lmember Cummings, that Ordinance Number 1254 be adopted on second reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None Mayor Parks presented Ordinance Number 1255 for the second reading and read the caption as follows: AN ORDINANCE RELATING, TO FENCES; AMENDING THE CODE OF ORDINANCES; PRESCRIBING A PENALTY AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that Ordinance Number 1255 be adopted on second reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None .None u FINANCIAL CONSULTANTS: Consideration was given to authorizing the Mayor to enter into a contract for financial consultation services. In discussion, Mayor Parks advised City Council that Masterson & Company had agreed to (a) assist ',and ,advise the City in preparation of materials for presentation to the rating service (b) recogni zed the Ci ty IS sincere interest and potenti a 1 abil i ty for improvement of the City's present rating with the, agency, and (c) to consult and advise with city staff and City Council on appropriate procedures and methods for accomplishments of these goals. Councilmember Schwartzel stated that the law firm of which he is a partner associates with Tom Masterson & Company and for that reason, I will leave the room and not participate in the vote on thi s agenda item. Counci lmember Schwartze,l left Council Chamber. Motion was made by Councilmember Higley, secunded by Councilmember Bryan, that Mayor Parks be authorized to enter into a contract with the firm of Masterson & Company for financial consultation services for projects to be funded through the issuance of bonds. Voting Aye: Voting No: Abstaining: Mayor Parks, Councilmembers Higley, Bryan, Cummings None Councilmember Schwartzel I I U Regular City Council Meeting, February 10, 1986 16:3 [l Council member Schwartze', returned to Council Chamber. PURCHASE OF (2) 29 YARD SIDE-LOADING REFUSE TRUCKS: In accordance with previous action of City Council, consideration was given to the' recommendation for award of contract for the purchase of the two refuse trucks. Bid opening, as advertised, was held on Wednesday, January 29, 1986, at 2:30 P.M. in the Conference Room with the following bids received: Mac~ Trucks, Inc. Environmental Sa1es and Service Inc. $ 94,769.00 $ 92,965.00 BID DAYS BID DELIVERY BOND IN FORCE DATE Yes 30 days 120 days after receipt of order Yes 60 days 8 months Yes 60 days 90-120 days Yes 90 days 150 days from receipt of order BIDDER South Loop Ford Trucks Sa 1 es, I nc . AMOUNT OF BID PER UNIT " , $ 76,146.00 Industrial Disposal Supply $ 95,469.00 o The City Manager advised Council that he concurred with the Public Works Superinten~ent'srecommendatiDn to award.the bid to Environmental Sales and Service as the lowest reliable bidder at their bid amount of $92',469.00. These trucks. are- the Crane Carrier type that the City has used ;in the past. One truck will be partly paid for by the insurance,mondey received for the refuse truck that burned. . . Mot i on was made by CounC'i:l member Cummi ngs, seconded. by Councilmember Higley, that- City Council accept the recommendation from staff and award the contract to purchase two 29-yard refuse trucks to the lowest reliable bidder, Environmental Sales and Service, at the bid price of $92,965.00 per unit er $185;930.00 for the two trucks. Voting Aye:, Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel Voting No: None Absent:! None [l SEWER SYSTEM REPLACEMENT PROGRAM: Consideration-was given to authorizing the City Manager to execute the contract with Topco , Co., Inc., for survey work on the Sewer System'Replacemen.t Project. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the City Manager be authorized to execute the contract with Topco Co., Inc. for survey work on the certain sewer, system lines as, requested by ithe !c.i,ty~ ' 164" "" .-- ~ .., Regular City Council Meeting, February 10, 1986 Voting Aye: Voting No: Absent: Mayor Parks,Councilmembers Higley, Bryan, Cummings, Schwartzel None None ----. i I I ' I I I I L-J SWIMMING POOL REPAIRS AT COLONIAL PARK: Consideration was given to Change Order No. 1 and Final Payment in the amount of $18,346.00 to Sylvan Pools of Texas for renovations to the filtration system and the underwater electrical lighting system. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Change Order No. 1. and final payment in the amount of $18,346.00 be approved for payment to Sylvan Pools of Texas. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings~ Schwartzel None None WATER LINE REPLACEMENT ON RICE BLVD: Consideration was given to the Change Order No.3, and Final, and Monthly Estimate No.3 and Final Payment in the amount of $5,244.90 to Ella Contracting Co. for work completed on the water line replacement project. Motion was made by Councilmember Schwartzel, seconded by IUI Councilmember Bryan, that final payment in the amount of $5,244.90 to Ella Contracting Co. be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings,Schwartzel None . None RE-ROOFING OF COMMUNITY BUILDING: Consideration was given to the request for authorization to advertise for bids for the re-roofing of the Operations Department Garage. Motion was made by Councilmember Schwartzel"seconded by Councilmember Bryan, that the City Manager be authorized to advertise for bids for the re-roofing of the Operations Department Garage. ' Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None RENOVATIONS TO RACQUETBALL COURT #2: Consideration was given to the request for authorization to advertise for bids for the replastering of Colonial Park Swimming Pool. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the City Manager be authorized to u Regular City Council Meeting, February 10, 1986 ~.. 165: n advertise for bids for the replastering of Colonial Park Swimming Pool. Voting Aye: Voting No: Absent: Mayor Parks,Councilmembers Higley, Bryan, Cummings, Schwartzel None None PURCHASE OF POLICE VEHICLES: Consideration was given to the invoice in the amount of $~46.05 submitted by H.ouston-Galveston Area Council for the purchase of four police vehicles. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that 'the invoice in the amount of $46,846.05 due Houston-Galveston 'Area Council, for purchase of police vehicles be approved for payment~ Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings', Schwartzel None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,725.90 submi ttedfor' lega 1 serv ices for the month of January 1986. o Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan,: ,:th'at the invoice in the amount of '$4;725.90 be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings) Schwartzel None None COUNCIL COMMENTS:Councilmember Higley" remarked that -,she had a resident call with a complaint concerning children riding skate boards in ~the streets'. ' It was, bre:ught to:.~our attention that the city had an ordinance proliibiting skate boards on the streets except while crossing a street in a cross walk. ,J have personally witnessed the police enforcing this ordinance and appreciate the prompt \ actlion of city .'S.taff.;:~, : . i' "\I,ll.:, ; ;[ <{ ,,,' STAFF REPORT: City'Manager, Mr. Rockenbaugh, distributed the agenda for workshop session on February 13, 1986. 1 ; L" _ . !;: ~ ' . . i "1'; ~ . -' , 'CITY COUNCIL MEETING MINUTES: Minutes of the regular meeting of the City Council on January 20, 1986, were presented for consideration. n Motion was made by Councilmember Higley, seconded by Councilmember Bryan ,that the mi:nutesof-:the ,regular c;;ty- counci.l meeting on January 20, 1986, be approved as submitted. Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, . OlII....."'f~..llI ,~ .. . , ' , , t66t ~ Regular City Council Meeti.ng, February 10,"1986 Voting No: Absent: Cummings, Schwartzel None None The City Attorney" Mr. , Dougherty, adv.ised City Council that he had made certain amendments to Ordinance :Number 1252: _deleted references to the "Professional and Office Building District" and renumbered where appropriate. The main change will be on the first page of the ordinance where the, scope of the ordinance would be limited to just the; retail business and iexcludi.ngthe references' to the offi ce bu il dingdi s tr; ct. The three. amendments to Appendix A of this ordinance have been brought forward and engrossed into the proper paragraphs. " Motion was made by Councilmember Schwartzel, seconded by Councilmember Higley that Council bring off the table the; amendments to Ordinance 1252 and the Appendix A attached thereto. Voting Aye: Voting No: Absent: Mayor! Parks" Councilinember Higley,. Bryan, Cummings, Schwartzel None None 'Mayor Parks presented amendment to Subsection '(1)of,Sect;on 5 which added a new subparagraph (6) relating to special effective dates for some features of the new ordinance: Motion was made by Counc,i 1 member _Schwartzel, seconded by' Councilmember Higley, that the amendment relating to special effective dates for some features of the new ordinance be adopted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None Mayor Pa,rks presented the :,amendmentto paragraph (16) of. subparagraph (b) of Section 5clarifying,the "Pervious Area" definition. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that the amendment to the "Pervious Area" definition be adopted as presented.! , Voti ng Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None , Mayor Parks presented the amendment to Paragraph (4) of Subsection (e) relating to the requirement for boundary fences. ,~~~l...... .,......... . _ ".-~",,',..; : ~l L-J [J u Regular City Council Meeting, February 10, 1986 167~-r n Moti on was made by CO,unci 1 member Hi gl ey, seconded bYdCounci 1 member Schwartzel, tha,t the amendment to Paragraph (4) of Subsection (e) be adopted as presented. Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel , Voting No: None Absent: None Mayor Parks recommended Council consider a motion to take from the table the modified Ordinance 1252. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Council take from the table Ordinance Number 1252: AN ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING; AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL DISTRICT AND REGULATIONS THEREIN, TO INCLUDE RELATED PROVISIONS AND TO REPEAL OTHER PROVISIONS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers, Higley, Bryan; Cummi ngs, Schwartze 1 '. None None o Mayor Parks presented the modified Ordinance Number ll52 for' second but not final reading. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, ,that Ordinance Number 1252, as modified - during this council meeting, be accepted on second but not final reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None Mayor Parks recommended Council consider a motion to take from the table Ordinance 1253. Motion was made by Councilmember Higley, seconded by Councilmember Cummings, that Council take from the table Ordinance No. 1253: AN ORDINANCE RELATING TO OFF-STREET PARKING AND RELATED MATTERS; AMENDING THE ZONING ORDINANCE; PRESCRIBING A PENALTY; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT. c The City Attorney advised Council that, tQ be best of his knowledge, there were no amendments to Ordinance Number 1252 cross-referenced in Ordinance Number 1253. Mayor Parks called for a vote on the motion to adopt Ordinance Number 1253 on its second reading. 168 Regular City Council Meeting, February 10, 1986 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings~ Schwartzel None None J ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the meeting adjourn. Such motion 'carried and the meeting was adjourned at 10:20 P.M. o ,; '. u 1B9 n LJ REGULAR CITY COUNCIL MEETING FEBRUARY 24, 1986 7:30 P.M. City Council convened in regular session at the Saint George Orthodox Church, 5311 Mercer; in the City of West University Place, on Monday, February 24, 1986, with the following members present: Mayor Parks, presiding; Councilmembers Higley, Bryan, Cummings, and Schwartzel. A 1 so present were the City Manager, City Secretary, City Attorney and the Director of Administration. Councilmember Schwartzel delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to address City Council. CITIZEN RESPONSE TO AGENDA ITEMS: . Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. IT] There were none present, who wished to speak concerning an agenda item . ITEMS TO BE REMOVED FROM CONSENT AGENDA: No member of City Council desired to remove an item from the consent agenda. CONSENT AGENDA: Moti on was made by Council member Cummtngs, seconded by Councilmember Higley, that the consent agenda be approved in accordance with staff recommendation. . ". ' ~ ~ CERTIFICATE OF' CONFORMANCE AND AWARD .OFFINANCIAL REPORTING ACHIEVEMENT: Mr. Lance Lalor, State Representative from the Government Finance Officers Association, addressed Council stating that he was presenting two awards: the Certificate of Conformance in Fi nanc i a 1 Reporting to the Ci ty and the Award of Fi nanc i a 1 Reporting Achievement to ,Donna L.Sims, Director of Administration and Finance, as the officer instrumental in the City of West University Place achi'eving- the. Certiftcate' of Gon1formance. Mr. Lalor presented the Certificate of Conformance to Mayor Parks and then presented the Award for Financial' Reporting Achievement to Donna Sims. [J Mayor Parks: ,and City Council congratulated Ms. Sims on her achi evement profess i ana lly and on behalf of the Ci ty. Ms. Sims thanked Council and stated that the achievement exhibited a cooperative effort from the Finance Department Personnel and the auditors. ORDINANCES RELATING TO COMMERCIAL DISTRICT ZONING AND REGULATIONS, AND RELATED MATTERS: In accordance with previous action of City Council, 170 Regular City CQunci1 Meeting, February 24, 1986 the City Attorney, Jim Dougherty, presented proposed amendments to Ordinance ,Number 1252 asfo 11 ows: Amendment to the first clause of Section 3 to read as follows: "Section 3. Except as otherwise provided in Section 6, the fo11~wing portions of the zoning ordinance are hereby repealed. II Amendment ,to Section 6 to read in its entirety as follows: "Secti on 6., fa) All ordi nances and parts of ordi nances in conflict herewith are hereby repealed to the extent of the conflict only, except asotherwi se provided in Section 3 hereof or in this ,Section. ' (b) Should any other ordinance apply to persons or property formerly within the retail business district, it is the intent of the City Council that this ordinance shall also apply. If such other ordinance is more restrictive than this ordinance, such other ordinance shall govern and control; in all other respects, this ordinance shaH govern and control. Should all or any major portion of this 'ordinance beheld inapplicable to any such persons or property, it is the intent of the Ci ty Counci 1 that such persons or property shall not be unregulated to that extent, but that instead those ordinances formerly applicable to such persons or property whi ch may be repealed by thi s ordi nance sha1 T continue to apply to such persons and properties, and . such repeaTed ordinances are continued in effect for this purpose. II Amendment ,to Paragraph (1) of Subsection (a) of the proposed new section 5 of the Zoning Orpi nance (Appendi x A) to read in its entirety as follows: "(1) The commercial district includes those areas within the retail business district of the City, as such retail business district has ,been heretofore established, amended and added t()." Motion was made by Council member Higley, seconded by Counci 1member Bryan, that' City .,Courlci 1 adopt the amendments to Ordinance as presented 1 and.,',that the amendments be incorporated into Ordinance Number 1252 on the third reading. Voting Aye: Voting No: Absent: Mayor Parks, Counci1members Higley, Bryan, Cummings, Schwartze1 None None Mayor Parks presented Ordi nance Number 1252 for the thi rd readi ng and read the caption as follows: u Q Regular City Council Meeting, February 24, 1986 '171,'" n,': u AN ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING; AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL' DISTRICT AND REGULATIONS THEREIN, TO INCLUDE RELATED PROVISIONS AND TO REPEAL OTHER PROVISIONS; AND CONTAINING 'FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT. Motion was made by, Councilmember C~mmings, seconded by Counci 1 member Bryan, that Ordinance Number 1252 be accepted, as amended, on third but not final reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartz~l None None Mayor Parks presented and read Resolution Number 86-02 as follows: RESOLUTION NO. 86-02 c RESOLUTION AMENDING RESOLUTION NO. 86-01 (RELATING TO CERTAIN BUILDING PERMITS DURING A TEMPORARY PERIOD PENDING THE CONSIDERATION OF PROPOSED AMENDMENTS TGTHE. ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE) AND EXTENDING THE TEMPORARY PERIOD DESCRIBED THEREIN. WHEREAS, by the passage .0fReso'lution No. 85-25 on October 28, 1985, the City Council restricted the issuance of certain building permits pending the consideration of certain amendments to the City's zoning ordinance, and by the passage of Resolution No. 86-01 on January 20, 1986, the temporary period of restriction was extended through and including March 1, 1986; and .; WHEREAS, it appears that, although substantial progress has been made in connection with the proposed amendments, a limited additional period is required to complete the City Council's consideration of the proposed amendments and to provide time for the publication of such amendments and the waiting period prescribed by the City Charter for any such amendments to take effect; '. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'THE CITY OF WEST UNIVERSITY PLACE, TEXAS: n Section 1. The temporary period described in Section 2 of Resolution No. 85-25 and extended by Resolution No. 86-01 is hereby extended through and including March 25, -1986, unless:an ordinance establishing the "commercial" classification and prescribing comprehensive provisions for the;cl'assificatidri,as' contemplated by Resolution No. 85-25, takes effect'soonen, in which case :the temporary period ends upon the effective date of such ordinance. 172 Regular City Council Meeting, February 24, 1986 Section 2. If any word, phrase, clause, sentence, paragraph, UI section or other part of this resolution or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 3. All resolutions and parts of resolutions in conflict 'herewi th are hereby repeal ed to the extend of the confl i ct only. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV.CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED THIS day of , 19 8.6.. Councilmembers Voting Aye: Councilmembers Voting No: Michael L. Parks, Nayor o ATTEST: Audrey Nichols City Secretary (SEAL) APPROVED AS TO FORM: James L. Dougherty, City Attorney Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that Resolution Number 86-02 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None U EXECUTION OF CONTRACTS: Mayor Parks presented Ordinance Number 1256 and read the caption as follows: Regular City Council Meeting~ February 24, 1986 173 ORDINANCE NUMBER 1256 AN ORDINANCE RELATING TO CONTRACTS AND AGREEMENTS; DEFINING THE AUTHORITY OF CERTAIN CITY OFFICIALS; AMENDING THE CODE OF , ORDINANCES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. The City Attorney pointed out that~ as Council had requested~ the proposed ordinance provided for limitations on the amount of money involved; provided for a list of contracts executed by the City ,Manager to be submitted to Council since the last regular Council meeting; and provided for emergency contracts which are necessary to preserve life or property~ under circumstances when it is necessary to take immediate action and it is impractical to await a Council meeting. Motion was made by Countilmember Higley~ seconded by Councilmember Bryan~ that City Council accept Ordinance Number 1256 on first reading as presented. o Voting Aye: Voting No: :' Absent: Mayor Parks, Councilmembers Higley~ Bryan~ Cummings~ Schwartzel None None [-j VIRGINIA COURT STREET PROPERTY: The Ci.ty Attorney reported that he had made every attempt to contact the parties involved in the Agreement~ but had been unsuccessful. However~ if Council wished~ they might approve the' Agreement in general form~ as it was last considered~ with approval to make minor changes.' The City would be able to go ahead and execute the contract if the mfnor difficulties can be negotiated and agreed upon. Councilmember Schwartzel suggested, and City Council concurred~ that Council wait until the contract .is signed by the parties to the Agreement before taking any action. ' TELEPHONE SERVICE: Cons,ideration was given to: the r,equest fOir authorization to advertise for bids fora city telephone system. Motion was made byCounci 1 memberCummi ngs, :seconded by Councilmember Hiigl ey ~ that the City Manager be authori zed to , advertise for bids for the leaselpurchase ofa telephone service for city. Voting Aye: . Mayor Parks, Councilmembers Higley, Bryan, Cummings~ Schwartzel Voting No: None Absent: ,None PURCHASE OF GARBAGE BAGS:,.Consideration was given to authorizing the purchase of rolls of garbage bags from Houston-Galveston Area Council 'for $54~!56;60. ' 174 Regular City Council Meeting, February 24, 1986 Motion was made by Councilmember Cummings, seconded by Councilmember Higley, that Council authorize the purchase of 22,500 rolls of garbage bags from Houston-Galveston<Area Council at the cost of $54,156r60~ L Voting Aye: Voting No: Absent: Mayor Parks,Councilmember Higley, Bryan, Cummings, Schwartzel None None As an urgent public necessity to further the public welfare of the inhabitants of the city, City Council considered the emergency agenda i tern as fo 11 ows: ' WATER AND SEWER REPLACEMENT PROGRAM: In accordance with a previous request from City Council, Mr. Rockenbaugh presented the proposal submitted by Gutierrez, Smouse, Wilmut & Assoc., Inc., dated February 24,1986, relating to the utility renovation. p.rogram. The proposal is fo~th~ purpose of evaluating and analyzing data prepared for the city by consultants and city staff with regards to the Utility Renovation Program. After discussion, motion was made by Councilmember Higley, seconded by Councilmember Cummings, that City Council accept the proposal conditioned on Gutierrez, Smouse, Wilmut&Assoc., Inc., D' agreei ngto amend their proposal as follows: (a) specify "UtilityRenovation, Program" includes both, water and wastewater lines, and (b) Paragraph B. Engineering Report be amended by adding another item: "GSW.S opinion as to whether or not additional testing is needed"; and upon such agreement, the city issue the "Notice to Proceed". Voting Aye: Voting.No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None '. COUNCIL COMMENTS: Councilmember Bryan commented that Municipal Court Clerk Iola Pickul and Detective John Johnston attended Career Day at Pershing Middle School where each one talked to the students about their respective positions with the' City. Councilmember Bryan expressed her appreciation for their participation as representatives of West University Place. STAFF REPORT: Mr. Rockenbaugh distributed a draft of the "City Currents" for input from Council before printing. . ,1 CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on February 10, 1986, were presented for consideration. Motion was made by Council member Schwartze1, seconded by Councilmember Bryan, that the minutes of the regular city council meeting on February 10, 1986, be approved as submitted. u Regular City Council Meeting, February 24, 1986 175 n u Voting Aye: Voting No: Absent: Mayor Parks" Councilmembers Higley, Bryan, Cummi ngs, Schwa rtze 1 None None ADJOURNMENT: With no further business to come before Council at'this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the meeting adjourn. Such motion carried and the meeting was adjourned at 8:04 P.M. r Ll _~_,_r. '""'~ > =-__ 176 : -1 I '--.i ,REGUL.:AR,CrTV, COUNCIL MEETING MARCH 10, 1986 7:30 P.M. '. ~ . i City Council convened in regular session at the Saint ,George Orthodox Church, 5311 Mercer, in the Gity of West University Place, on Monday, March 10, 1986,! with the ,following, members present: Mayor Parks, presiding; Councilmembers Higley and Schwartzel. The following members were absent: Councilmembers Bryan and Cummings. Also present were the City Manager;' Ci ty Attorney, City Secretary, Di rector of Operati ons and the Chief of Police. HEARING OF RESIDENTS: Mayor ,Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present Who wished to address City Council. CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM CONSENT AGENDA: No member of City Council desired to remove an item from the consent agenda. o CONSENT AGENDA: Motion was made by Councilmember Higley, seconded by Councilmember Schwartzel, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Schwartzel None Councilmembers Bryan, Cummings ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING AND REGULATIONS. AND RELATED MATTERS: Mayor Parks presented Ordinance Number 1252, as amended, for the fourth reading and read the caption as follows:. AN ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING; AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL DISTRICT AND REGULATIONS THEREIN, TO INCLUDE RELATED PROVISIONS AND TO REPEAL OTHER PROVISIONS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT. In accordance with Charter requirements, copies of Ordinance Number 1252, as amended and in. the form requi red for adopti on, were available to all members of Council and a reasonable number :l of additional copies available to interested citizens present. ~ 177 Regular City Council Meeting, March 10, 1986 Motion was made by' Counctlmember Schwartzel, seconded by Counci lmember Hi gl ey, that Ordinance Number 1252 be adopted as presented on the fourth reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Schwartzel None Councilmemb~rs Bryan, Cummings EXECUTION OF CONTRACTS: Mayor Parks presented Ordinance Number 1256 for the second reading and read the caption as follows: AN ORDINANCE RELATING TO CONTRACTS AND AGREEMENTS; pEFINING THE AUTHORITY OF CERTAIN CITY OFFICIALS; AMENDING THE CODE OF ORDINANCES; AND CONTAINING FINDINGS ,AND PROVISIONS RELATING TO THE SUBJECT. ' In accordance with Charter, requirements, copies of Ordinance Number 1256, as amended and in the form requi red for adopti on, were avaiTableto all members of Coelncil and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Higley, seconded by Councilmember Schwartzel, that Ordinance Number 1256 be adopted as presented on second reading. [ Voting Aye: Voting No: Absent: Mayor Parks, Council members Higley, Schwartzel None Councilmembers Bryan, Cummings VIRGINIA COURT STREET PROPERTY: City Attorney Jim Dougherty advised Council that quite a bit of progress had been made toward reaching an agreement >wi th the developers of the Virgi ni a. Court Street property and wi th the one res i dent. Mr. Dougherty presented a document outlining the changes that had been made to the agreement to date and reviewed the changes with Council. After discussion, Council member Schwartzel: recommended, and Council concurred, that the Agreement be worded in such a manner that City Council and the Zoning and Planning Commission would not be bound toapresupposed action or decision. UTILITY LINE RELOCATION PROJECTS: Mayor Parks presented Ordinance Number 1257 for the first reading and read the caption as follows: AN ORDINANCE RELATING TO RELOCATED WATER AND SEWER UTILITY LINES; CONTAINING PROVISIONS RELATING TO CONNECTIONS TO, AND SERVICE FROM, SUCH LINES; AMENDING THE CODE OF ORDINANCES; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. n After discussion, motion was made by Coundlmember Schwartzel, seconded by Councilmember Higley, that Sec. 23-8, Relocation of Projects. Paragraph (b), subsection (iii) be amended by adding: The speciaildate must be applied for prior to the later of the dates described in (i) and (ii) ~bove. 178 Regular City Council Meeting, Mar.ch 10, 1986 Voting Aye: Voting No: Absent: Mayor Parks, Counci1members Higley, Schwartze1 None, Counci1members Bryan, Cummings Motion was then made by Counci1member Schwartze1, seconded by Counci1member Higley, that Ordinance Number 1257 be accepted as amended on first reading. Voting Aye: ,Voting No: Absent: Mayor Parks~ Cuunci1members Higley, Schwartze1 None Counci1members Bryan, Cummings PURCHASE OF (1) HALF TON PICKUP TRUCK: In accordance with previous action of the City Council, consideration was given to the recommendation to award the contract for purchase of a half ton pickup truck for the Water Division. Bids received until 2:00 P.M., Thursday, February 27, 1986, were opened and the results announced as follows: Bidder North Point & Associates 8455 N. Freeway Houston, Tx 77238 Jack Roach Ford 2727 Southwest Freeway Houston, Tx 77265-5085 Westway Ford Inc. P.O. Box 36344 Houston, Tx 77036 Knapp Chevrolet 815 Ho~~ton Ave. Houston, Tx 77210 South Loop Ford Truck Sales, Inc. 8901 E. Almeda Rd. Houston, Tx 77248 , Lone Star Ford 8477 North Freeway Houston, Tx 77037 Amount Bid $8906.00 Dodge D150 (Bid two exceptions: does not meet specifications) $8,938.36 Ford 150 $8,956.85 Ford F150 $8,999.00 Chev C-I0 $9,174.63 Ford F150 $9,268.00 Ford F150 $9,939.75 Ford F150 Tommy Vaughn Motors 1145 N. Shepherd Houston, Tx 77248 Mati on was made by Councilmember Hi gl ey, seconded by Counci 1member Schwartze1, that City Council accept staff's recommendation and II t I u ~J II I '-..-J Regular City Council Meeting, March 10,,1986 179 n award the bid to the second 1 owest,bi dder, Jack Roach Ford in the amount of $8,9,38..36 with a 6-8 week delivery period., Voting Aye: Voting No: Absent: Mayor' Parks, Councilmembers Higley, Schwartzel None Councilmembers Bryan, Cum~ings PURCHASE OF DIESEL 25,500 GVW CAB AND CHASSIS: In accordance with previous action of City Council, consideration was given to the recommendation to award the contract for purchase of a Diesel 25,500 GVW Cab and Chassis for the Street Divi.sion. Bids received until 2:00 P.M., Friday, February 28,' 1986, were opened and the results announced as follows: Bidder Amount Bid , A.C. Collins Ford Inc. 1831 South Richey Pasadena, Tx 77501 $19,500.00 Ford. F 700 n L..,. Knapp Chevrolet 815 Houston Ave. Houston, Texas 77210 Olympic Intll Trucks, Inc. 5401 Washington Ave Tx 77007, $20,000 Chev C 70 $20,356.00 International Houston, S1654 -_..'~ I . South Loop Ford Truck Truck Sales, Inc. 8901 E. Almeda Rd. Houston, Tx 77245 A.J. Foyt Chevrolet, Inc. 10306 S. Post ,Oak Rd. Houston, Tx 77035 Jim Ball International Inc. 3300 North Main Street Bay town, Tx 77520 $20,763.00 FordF 700 $21,678.06 Chev C .70 $22,857~00 International S1654 Moti on was made by Counci 1 member Schwartze 1, seconded by Councilmember ; ,Hi gley, that City . Council' accept Staffl s , ,recommendation and award the 'bid to the lowest bidder, A. C. Collins For.d, Inc., at the bid price of $19,500.00 with a delivery date of 120-150 days. n Voting Aye: Voting No: Absent: Mayor Parks,Councilmembers Higley, Schwartzel N'one . Councilmembers Bryan, Cummings IaO Regular City Council Meeting, Mar:th:10, 1986 SWIMMING POOL REPAIRS: City Council considered the recommendation to award the contract for the replastering of the Colonial Park Swimming Pool:., Bids received until 2:00 P.M., March 4,1986, were U opened and results announced as follows: Bidder Andrews Pool Bay Area, Inc. 16532 Sealark Houston, Tx77062 Watts Pool Company 11150 Katy Rd. Houston, Tx 77043 Sylvan Pools of Tx, Inc. 11020 Old Katy Rd. Houston, Tx 77043 Base Bid: Alternate L .Alternate. 2 . Base Bid Alternate 1 Alternate 2 Base Bid Alternate 1 Alternate 2 Amount Bid $21,150.00 1,800.00 850.00 $24,028.00 950.00 1,200.00 $68,850.00 I 1,275.00 1,500.00 Motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that City Council accept Staff's recommendation and award the contract for replastering the swimming pool to Andrews Pool Bay Area, Inc., at the total bid price of $22,900 including Alternate ,1 and Alternate 2. Voting Aye: Voting No: Absent: o Mayor Parks, Councilmembers Higley, Schwartzel None Councilmembers Bryan, Cummings JANITORIAL SERVICE: Consideration was given to authorization, to adverti se for bi ds for janitori a 1 servi ce for the Pol ice Department and the Library building. Motion was made by Councilmember Higley, seconded by Councilmember Schwartzel, that the City Manager be authorized to advertise for bids for janitorial servic~ for the Police Department and the Library building. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Schwartzel None Councilmembers Bryan, Cummings CONTRACT FOR ASBESTOS REMOVAL AND MISCELLANEOUS WORK AT CITY HALL: Consideration ,was given, to the application for payment in the amount ,of $56,672.25 'submitted, by David Evans Contracting Inc., for work completed on the City Hall through February 28, 1986. Motion was made by Councilmember Higley, seconded by councilmemberu II Schwartzel, that the application in the amount of $56,672.25 be approved for payment to David Evans .Contracting Inc. Voting Aye: Mayor Parks, Councilmembers Higley, Schwartzel Regular City Council Meeting, March 10, 1986 181' n Voting No: Absent: None Councilmembers Bryan, Cummings LEGAL SERVICES: Consideration was given to the invoice in the amount of $3,856.80 submi tted for 1 ega 1 servi ces provi ded on the City's behalf for the month of February 1986. Motion was made by Councilmember Higley, seconded by Councilmember Schwartzel, that the invoice in the amount of $3,856.80 be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Schwartzel None' Councilmembers Bryan, Cummings HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the' invoice in the amount of $7,128.00 to the Harris County Appraisal District for the City's second quarter assessment for 1986. Motion was made by Councilmember Higley, seconded by Couneilmember Schwartzel, that the invoice to the Harris County Appraisal District be approved for payment. o Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Schwartzel - None Councilmeinbers Bryan, Cummings COUNCIL COMMENTS: Councilmember Higley inquired as to whether the City had a response from Metro Transit Authority. Mr. Rockenbaugh advised he had a meeting with the representative from MTA on Thursday, March 13, 1986, at 10:00. STAFF REPORT: Mr. Rockenbaugh distributed a letter to Peat Marwick for Council's review. CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on February 24, 1986,; Were presented for consideration. Motion was made by Councilmember Higley, seconded by Councilmember Schwa rtze 1, that the mi nutes of the regu 1 arc i ty counc i 1 meeting on February 24, 1986, be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Schwartzel None Councilmembers Bryan, Cummings n ADJOURNMENT: With no further business to come before Council at thi s time, moti on was made by Counci 1 member Schwartze 1, seconded by Councilmember Higley, that the meeting adjourn. Such motion carried and the meeting was adjourned at 8:10 P.M. .. ,1'1 I~H I" I 1 , ~I 182, Regular City Council Meeting, March 10, 1986 ~ u o u 183 n U REGULAR CITY COUNCIL MEETING MARCH 24,1986 7:30 P.M. City Council convened in regular session at the Saint George Orthodox Church, 5311 Mercer, in the City of West University Place, on Monday, March 24, 1986, with the following members present: Mayor Parks presiding; Councilmembers Cummings and Schwartzel. The following members were absent: Councilmembers Higley and Bryan. Also present were the City Manager, City Secretary, Representative for the City Attorney, Michael Cole, Director of Administration and Director of Operations. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring ,to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to address Council. c CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item . ITEMS TO BE REMOVED FROM CONSENT AGENDA: No member of City Council des i red to remove an i tern from the consent a,genda. CONSENT AGENDA: Motion was made, by Councilmember Cummings, seconded by Councilmember Schwartzel, that, the consent agenda be approved in accordance with staff recommendation. Voting Aye: Mayor Parks, Councilmembers Cummings, . Schwartzel Voting No: None; . , Absent: 'Counci:lmembers Hi gl ey, Bryan UTILITY LINE RELOCATION PROJECTS: Mayor Parks. presented 'Ordinance Number 1257 for the second reading and read' the caption as follows: AN ' ORDINANCE RELATING TO', RELOCATED WATER AND SEWER UTILITY LINES;' CONTAr-NING PROV'lSIONS' RELATING, TO CONNECTIONS TO, AND SERVICE FROM, SUCH LINES; AMENDING THE CODE OF ORDINANCES; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. n Motion was made by Couneilmember Schwartzel, seconded by Councilmember Cummings, that Ordinance Number 1257 ,be adopted. Mayor Parks invited' discussion. Councilmember Schwartzel suggested that Paragraph (b), subsection (iii) needed clarification as to how the application for a special date was to be administered, either by motion of City Councilor by appl ication by the property owner. .Councilmember Schwartzel 1.84 Regular City Council Meeting, March 24, 1986 recommended the number of days allowed for consideration be I 1 imited to perhaps thi rty days. Ci ty Manager, Mr. Rockenbaugh, U suggested the time 1 imitation might be handled through the form of . the application. Motion was made by Counci1member Schwartze1,' seconded by Counci 1 member Cummi ngs, that Paragraph (b), subsecti on (i i i) be amended to read as follows: ,( i i i) a speci a 1 date, if any, for the completion of such work specified by motion duly adopted by, the City Council following a hearing as contemplated by this section. Such special date must be applied for (adding) in writing by the property. owner pri or to the 1 a ter of the dates in ( i) and ( i i ) above. Counci1member Cummings seconded the motion to amend paragraph (b), subsection (iii). Mayor Parks stated that there was on the floor a motion and a second to amend Ordinance Number 1257 and called for a vote on the amendment. Voting Aye: Voting No: Absent: Mayor Parks, Counci1members Cummings, Schwartze1 ' None Councilmembers Higley, Bryan Councilmember Schwartze1 amended his motion to: adopt Ordinance Number 1257 as amended on Counci1member Cummings seconded the motion which and carried by the following vote. that City Counci 1 second reading. was then voted on o Voting Aye: Voting No: Absent: Mayor Parks,' Counci 1members Cummings, Schwartze1 None Counci1members Higley, Bryan VIRGINIA COURT PROPERTY AGREEMENT: City Manager, Mr. Rockenbaugh, presented the Infrastucture Agreement for Certain Facilities Related to Virginia Street Properties executed by the developers and the one property owner and explained one correction on page 2 paragraph (b) which refers to "an appropriate instrument releasing the Lis Pendens notice described in Item 11 of Schedule C of the title commitment attached as Exhibit CII. Item 11 of Schedule C of the title commitment has been reworded and included in the body of the agreement. The corrected page 2 was entered in the appropri ate place of the agreement upon presentati on to Council with that portion of Paragraph (b), corrected to read as follows: lI(b) The parties, and the Statewide Title Company, agree that the deeds described above shall be held in escrow until the City delivers to the Statewide Title Company an appropriate instrument releasing the Lis Pendens notice U described in the title form attached as Exhibit C, whereupon I the Statewide Title Company shall record the deeds and issue the title policy as required~1I Regular City Council Meeting, March 24, 1986 185 n Mr. Michael, Cole, of Cole and Dougherty Attorneys at Law, representing. the City Attorney, . advised City Council that all other parties had agreed to the correction on Page 2. Motion was made by Councilmember Schwartzel, seconded by Councilmember Cummings:, that City Council authorize the Mayor to sign the INFRASTRUCTURE AGRE'EMENT. FOR CERTAIN FACILITIES RELATED TO VIRGINIA STREET PROPERTIES. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Cummings, Schwartzel None CouncilmembersHigley, Bryan PURCHASE OF OFF SET PRESS: Mr. Rockenbaugh advised Council that it was the recommendation of staff to delay awarding the contract for the purchase of the off set press to allow time for further review of the bids. Motion was made by Counci lmember Schwartzel" seconded by Counci 1 member Cummings, that consideration to award the contract for the purchase of the off set press be tabled until the next regularly scheduled council meeting on April 14, 1986. o Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Cummings, Schwartzel None Councilmembers Higley, Bryan \ . .. RE-ROOFOF COMMUNITY BUI.LDING: " In accordance with previous action of City Council, staff recommendation for the award of the contract for re-roofing of the Community Building was considered. Results::'ofthe bids received until 10:00 A.M. ; ,March 7, 1986, and opened at 10:30 A.M. the same date were announced as follows: Bidder Bid Amount Marton Roofing, Inc. 9110 Wingtip Dr; Houston, Tx 77075 Atlas.Roofing Corp 27 North Delano St. Ho~ston, Tx 77003 $8;221.00 Warranty 5 yr labor 30 yr material i i i' ;:; l,,/ . $11 ,447 . 00 '. 30yr , . (Does not. include. any , deck replacement that may be necessary) .,!. n McCall & Sons Construction .Jnc~' $13,880.00 14217 Aston Houston, Tx 77040 Brazosport Roofing & Sheetmetal :$15,b58.00 1702 Yellowstone Freeport, Tx .1 yr ,2 .yr : 186 Regular City Council Meeting, March 24, 1986 Motion was made by Councilmember Council'member Cummings, that City recommendation and award the contract their bid price of $8,221.00. ' Schwartzel, seconded by Council accept staff's to Marton Roofing, Inc, at u Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Cummings, Schwartzel None Councilmembers Higley, Bryan Counci 1 member Schwartze 1 recommended the guarantee of the ti e-i n joining the existing building to the new addition be clarified in the contract (reference Marton Roofi ng, Inc. IS 1 etter to the City dated March 21, 1986). TAX REFUNDS: Consideration was given to authorizing the refund of overpayments of taxes as listed by the Finance Director. Motion was made by Councilmember Cummings, seconded by Counci lmember Schwartze 1, that Ci ty Counci 1 authori ze the refunds of overpayments of taxes in accordance with the list and documentation presented by staff. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Cummings, Schwartzel None Councilmembers Higley, Bryan [J 1976 BONDS: Consideration was given to the invoice in the amount of $119,802.00 from First National Bank of Houston for the 1976 public improvement bond issue. Motion was made bY CQuncilmember Cummings, seconded by Councilmember Schwartzel, that the invoice in the amount of $119,802.00 to First National Bank of Houston be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Cummings, Schwartzel None Councilmembers Higley, Bryan COUNCIL COMMENTS: There were no further comments offered by City Council at this time. STAFF REPORT: City Manager, Mr. Rockenbaugh, advised City Council that the engineering report requested from Gutierrez, Smouse, Wilmut & Associates" Inc., would be ready for presentation for a workshop session on either Monday or Thursday. Mr. Rockenbaugh recommended that the works hop be schedu 1 ed dependi ng on deli very IUIll ." of the report to City Hall. Mayor Parks suggested that the appropri ate committee members and staff be advi sed and invited to attend. Regular City Council Meeting, March 24, 1986 18"7 n:'.'; ,<f .' ~t CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on March 10, 1986, were presented for consideration. Motion was made by Councilmember Cummings, seconded by Councilmember Schwartzel, that the minutes of the regular city council meeting on March 10, 1986, be approved as submitted. Voting Aye: Voting No:, Absent: Mayor Parks, Councilmembers Cummings, Schwartzel None CouncilmembersHigley, Bryan ADJOURNMENT: With no further business to come before Council at this time, motion was made' by Counci lmember Schwartzel, seconded by Councilmember Cummings, that the meeting adjourn. .Such motion carried and the meeting was adjourned at 8: .M. n ~ ~~l, udrey Nt ols City Seer ary ,1.1 u l68 _ ~ ' 1 - : _ .> : i ; j : ~ : REGULARCIT~ COUNCIL MEETING ..'APRIL. 14,: 1986 7:30 P.M. . ",', J i ;1,; ;:j" . . ~:.. , " ,. City Council convened inregula:ri sess:ion,at,.the Sai,nt, Geerg.e Orthodox Church, 5311 Mercer, in the City of West University Place, on Monday, April 14, 1986, with the. following members present: Mayor Parks presiding; Councilmembers Higley" Bryan, Cummings and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration .and Chief of 'Polic.e.' '" Councilmember Bryan delivered the invocation and led the Allegiance to the Flag. 'I, '. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to::br,ingto: the attention of, the City Council,. which had :t;lot "previously ,been .submitted :to the City Manager. Mr. John A. , Burns, 3114 Quenby, iiddressed Counci 1 to express hi s concerns regarding, residents who are putting garbage out days before their scheduled pickup. Mr. Burns requested that if the City had an ordinance against trash being curbside over a specific length of time, the ordinance should be enforced. He suggested the residents should be notified of the ordinance. Mayor Parks advised Mr. Burns that when City Hall is notified of I':I,J violations, the violations would be processed in accordance to the provisions in the Code. Ci ty Attorney, Jim Dougherty, advi sed that Secti on 11-8 of the Code of Ordinances stated that trash may be out not more than 12 hours preceding the designated collection day and not later than 8:00 a.m. on the day designated as collection day. Councilmember Higley suggested City Currents would be a way to notify residents of the requirements for the appropriate ordinance. Mr. Burns also expressed concerns of (}ther ordi nance viol ati ons such as cars parked on the street for over the time allowed by ordinance. Mary Ann Binig, 6634 Vanderbilt, addressed Council asking whether there was an ordinance against parties. She had a party recently and the police department had been called by someone in the neighborhood. When the police officer arrived at her house at approximately 10:00 P.M. her son was advised the party was too noisy and to either end the party or be less noisy. The police officer returned to Ms. Binig's home again at approximately 10:30 P.M. and spoke with her in what she described to be less than diplomatic. Chief of Police, Walt Snitkin, responded that he would investigate the matter and report to the Mayor concerning Ms. Binig's complaint. u u o u Regular City Council Meeting, April 14, 1986 189' CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM CONSENT AGENDA: Councilmember Schwartzel pointed out that the consent agenda. item requesting approval for payment of the invoice in the amount of $9,000 to the auditors for the 1985 audit services was incorrect~ . City Manager, Mr. Rockenbaugh, stated that the minutes would reflect the correct amount of $8,500.00 for the audit services. After this correction was made to the agenda, no member of Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the consent agenda be approved in accordance with staff recommendation. _ Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None HOUSTON-TENNECO MARATHON: Houston Councilman Jim Greenwood presented a Resolution expressing Houston City Council's appreciation for the City of West University) Place and the residents of West University Place for their participation and support in the Houston~Tenneco.Marathon. PURCHASE OF OFF-SET PRESS: In accordance with previous action of the Cl ty Councl I , 'bl ds: were ,rec'ei ved and opened on, March 21,1986, for the purchase of an off-set press as follows: Bidder ., i, Amount Multi-Graphic Inc. ~ -. - Multi - Model 1218 $ 9,016.50 Kelly Company, fnc. Itek (Ryobi) - Model 960 $ 10,246.00 Itek Graphic Systems Itek (Ryobi) - Model 960 $ 10,779.00 A. B. Di c k A. B. Dick - Model 9820 $ 10,880.00 ' Graphic Supply, Inc. Hamada - Model 611CD $ 11 ,650.00 - 190 Regular City Council Meeting, April 14, 1986 Ladymon, Inc. Hamada - Model 611CD # 12,920.00 n City Manager, Mr. Rockenbaugh, advi sed Council that city staff recommended the contract to purchase the off-set press be awarded to the low bi dder, Mul ti -Graphics, Inc., at thei 1" 'bi d pri ce of $9,016.50 for the Model 1218;" . . '. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that Counci 1 accept staff's recommendati on and award the contract to the low bidder, Multi-Graphics, Inc., at their bid price of $9,016.50. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None RENOVATIONS TO RACOUETBALL COURT #2: In accordance with previous action of the City Council, advertising for bids for renovations to racquetball court #2 resulted in one bid received on March 27, 1986: Bauer Flooriny Corporation for a bid amount of $5,800.00 City Manager, Mr. Rockenbaugh, advi sed Counci 1 that even though C only one bid was received, the company had previous experience repairing ,other racquetball courts for the City. Staff was confident that Bauer Flooring Corporation was a reliable and competent contractor~ Motion was made by CouncilmemberBryan, seconded by Councilmember Cummings, that Council accept staff's recommendation and award the contract for renovations to Racquetball Court #2 to Bauer Flooring Corporation at their bid price of $5,800.00 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None SANITARY SEWER RENOVATION PROGRAM: Consideration was given to authorizing Langford Engineering Corporation to prepare plans and specifications for the Sanitary Sewer Renovation Program, Priority 1, Phase 1 as follows: Priority Number 1 - Sanitary Sewer Replacement ProQram - Phase I Clean existing 3611 Brompton out-fall line (University Blvd. '1- to the wastewater treatment plant). This line has been partially investigated and found to be half full of solids and debris. Project cost is estimated to be $138,000, to be L-i expended from budgeted funds. Regular City Council Meeti'ng, April 14, 1986 191 Construction of new lift station, force main, 8" to 10" line on Duke from Virginia Court to Brompton,'8 & 1011 line on Carnegie from Virginia Court to Buffalo Speedway and 8" line on Mercer from Carnegie to Bellaire. Projected cost is estimated to be $647,000 to be expended from existing bond funds. - Motion was made by Councilmember Cummings, seconded by Counci lmember Schwartzel, ,that City Counci 1 authorize the expenditure of funds for the preparation of plans and speci fi caUons for the Sanitary Sewer Renovati on Program: Pri ority Number 1~ Phase I, as presented. Voting Aye: Voting No: ' Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None o PRIORITY #1 WATER SYSTEM RENOVATION PROGRAM: Consideration was given to authorizing advertisement for bids for Priority #1 Water System Improvements. Mr. Di eter Ufer, Ci ty IS Consultant Engi nee,r wi th Langford Engineering Inc., addressed Council and stated that the area for priority #1 was the Pemberton area for which plans and specifications had been developed in 1982. Previously, the plan was to renovate this portion- of the water system in three' phases. Due to present economical conditions, Mr. Ufer recommended, with concurrence of city ,s'ta'ff, that the Priority #1 water system be bid as one project,.: ' Motion was made by Counci lmemberHi gl ey, seconded byCounci lmember Cummings, that the City Mahagerbe authorized to advertise for bids for the Priority #1 Water System Improvements as recommended. Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Cummings; Schwartzel None None Voting No: Absent: l~1 PRIORITY #2 WATER SYSTEM RENOVATION PROGRAM:Consi derati on was giYen'to authorizing' preparat:ion of plans and specifica'tions for Priority #2 Water System Improvement. This area incl~des the Monti ce II 0 and Ri ce Court Additi ons and woul d be an expenditure from the previous bond issue. Motion was made by, Councilmember Schwartzel, seconded by Counci lmember Bryan, that. City Counci 1 authorize Langford Engineering Corporation to prepare plans and specifications for water ,line replacement for the Priority #2 Water System Renovation Program. 192 Regular City Council Meeting, April 14, 1986 Voting Aye: Voting No: Absent: Mayor Parks~ Councilmembers Higley, Bryan, Cummings, Schwartzel None None n SANITARY SEWER MASTER PLAN: Mr. Ufer requested Council consider authorizing the development of a Sanitary Sewer Master Plan for the entire city. While studying the City to prioritize areas for replacement, it became evident that a citywide plan would be beneficial not ~nly for planning current projects, but for planning future projects as well. Mr. Ufer estimated the cost of the master plan would not ex~eed $25,000. Motion was made by Councilmember Cummings, seconded by Councilmember Higley, that City Council authorize the development of a Sanitary Sewer Master Plan for the City at a cost not to exceed $25,000. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None HOUSTON LIGHTING & POWER COMPANY RATE INCREASE REQUEST: Consideration was given to the request from HL&P to adjust its C rate schedules in a rate filing package to the Public Utility Commission of Texas and the City of West University Place on March 18, 1986. The City has since received from the City of Houston an inyitation to participate in the Coalition of Cities with Original Juri sdi cti on. I f so authori zed, the Ci ty of Houston wi II fi lea Motion to Intervene' on: behalf of the Coalition in the PUC proceedings. April ,23, ,1986, is the deadline for cities to suspend the effective date of HL&P's proposed rate change for ninety days. Mayor Parks presented Ordinance' Number 1258 and read the caption as follows: AN ORDINA~CE SUSPENDING THE OPERATION OF THE PROPOSED SCHEDULE OF RATES FOR ELECTRIC UTILITY' SERVICE, FILED BY HOUSTON LIGHTING & POWER COMPANY; CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING 'AN EMERGENCY. In accordance with Charter requirements, copies of Ordinance Number 1258, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember U Cummings that Ordinance Number 1258 be adopted as presented at first reading. Regular City Council Meeting, April 14, 1986 193 n Voting Aye: Voting No: Absent: Mayor Parks, Counci lmembers Higl ey, Bryan, Cummings; Schwartzel None None Mayor Parks then presented and read Resolution Number 86-03: A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, RATIFYING AND AUTHORIZING ITS PARTICIPATION IN THE COALITION OF CITIES WITH ORIGINAL JURISDICTION TO INCLUDE DATA AND ANALYSIS SHARING AND INTERVENTION WITH SAID COALITION IN THE, HL&P RATE REQUEST, DOCKET NO. 6765, BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, AND AUTHORIZING THE CITY ATTORNEY OF THE CITY OF HOUSTON TO REPRESENT THE COALITION. o WHEREAS, on March 18, 1986, Houston Lighting & Power Company (HL&P) filed a Statement of Intent to change its rates for electric serv-ice within the City of West University Place, Texas, and throughout its service area, and has requested that said changes become effective on April 23, 1986; and WHEREAS, the Ci ty of West Uni vers i ty Pl ace, Texas, has ori gi na 1 juri sdi cti on over said rate request within its corporate limits; and WHEREAS, the Public Uttlity'Commission of Texas has original jurisdiction over said rate request within the unincorporated areas of the service area; and WHEREAS, the complexities of the issues and the magnitude of the requested rate increase., requires extensive study and ,analysis for the City to responsibly exercise its original jutisdiction and protect the general welfare oJ all ratepayers within its bounda ri es ; and : ]ll..;;\ WHEREAS, the City of West University Place, Texas, desires to cooperate in a joint effort with other cities with original jurisdiction to provide for an adequate analysisof,the issues raised by the'rate change request'andtoesta:b li sh a genuine , impact. on the rate setti'ngprocess by municipalities 'with original jurisdiction; n l_> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WESr,UNIVERSITY PLACE, TEXAS: 'I " THAT the City Counci 1 of' the ,Ci ty of West University Place, Texas, hereby ratifies and authorizes the full participation of the City of West ;..... ""....n.............",. 194~ Regular City Council Meeting, April 14, 1986 University Place, Texas, in the Coalition of Cities with Original Jurisdiction (Coalition), to include data and analysis sharing and intervention as a member city of the Coalition in the HL&P Rate Change Application, Docket No. 6765, now pending before the Public Utility Commission of Texas, and authorizing the City Attorney of the City of Houston to represent the Coalition. PASSED AND APPROVED, this , 19'86. day of Councilmembers Voting Aye: Councilmembers Voting No: Mayor, MICHAEL L. PARKS Attest: " City Secretary (SEAL) Approved' AsJo Form: James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that Resolution Number 86-03 be adopted as read. Voting Aye: Voting No: Absent: Mayor Parks, 'Councilmembers Higley, Bryan, Cummings, Schwartzel None None ACOUIESCENCETO ENCROACHMENT: Mayor Parks left the council meeting at this time. Mayor Pro Tem 'Higley presided and offered for consideration an Acquiescence to Encroachment on Lot 7 Block 12 of the Virginia Court Subdivision for Council's consideration. The Title Company requested the instrument after a survey of the property revealed the house was built, over the easement. The City Attorney advised Council that the Acquiescence was a recordable instrument authorizing the house to remain over the utility easement but also authorized and preserved the City's access to the easement. u o II U Regular City Council Meeting, April 14, 1986 195 n Motion was made by Councilmember Bryan, seconded by Councilmember Cummings, tha~.the City Manager by authorized to execute the Acquiescence to Encroachment on Lot 7 Block 12 of the Virginia Court Subdivision. Voting Aye: Voting No: Absent: Councilmembers' Higley, Bryan, Cummings, Schwartzel None Mayor Parks Mayor Parks returned to the council meeting at this time. SELECTION OF BOND COUNSEL: Consideration, was given to selecting Bond Counsel for the Water and Sanitary Sewer Renovation Program funding. Councilmember Schwartzel offered the following II AFFIDAVIT STATE OF TEXAS COUNTY OF HARRIS 1. 2 1 2" [ BEFORE ME, the undersigned authority, on this day personally appeared C. BOONE SCHWARTZEL, who being by me first duly sworn did depose and say as follows: III, have a IIsubstantial interestll (as that term is defined in art. 988b TEX. REV. CIV:. STAT. ANN.) in the Vinson &' El kins law firm, in that I own a partnership interest in that firm 'which in al~ probability exceeds $2500 in value and in that funds received by me from said firm exceeded 90% of my gross income for the previous year.1I 'Isl C. BOONE SCHWARTZEL , I : . Affl ant SUBSCRIBED AND SWORN TO before me, by the said C. BOONE SCHWARTZEL this 14th day of April , 1986, to certify whi ch witness my hand" and < sea 1 : of offi ce. (NOTARY SEAL) My commission expires February 16, 1988. Isl, M,ildred Miller,,1 N'ota ry PtiliTi c u (CITY SEAL) II FILED with me, the official record keeper of the City of West University Place, thi,s 14th day of April" 1986. Isl Audrey Nichols City Secretary 196 ' Regular City Council Meeting, April' -14, 1986 Councilmember Schwartzel left the' council meeting room at this time. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the firm of Fullbright and Jaworski be selected as bond counsel for the Water and Sanitary Sewer Renovation Program funding. Voting Aye: Voting No: Absent: Mayor Parks,Councilmembers Higley, Bryan Councilmember Cumming~ Counci lmember~ 5chwartzel Councilmember Schwartzel returned to the council meeting. 1985 AUDIT: Consideration was given to the invoice in the amount of $8,500 submitted by Peat, Marwick, Mitchell and Company for services in connection with the 1986- annual audit. Mot i on was made by Coimci 1 meinber Schwa rtze l, seconded by Councilmember Bryan, that the inyoice in the amount of $8,500 submitted by Peat, Marwick, Mitchell and Company be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks" Councilmembers Higley,~ Bryan, Cummings, Sthwartzel None None CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: Consideration was given to the invoice in the amount of '$'28,513.30 submitted by David Evans Contracti'ng Inc. for' work completed to March 31, 1986, on the tontract for asbestos removal, and miscellaneous work at City Hall. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that~the invoice in the amount of $28,513.30 submitted by David Evans Contracting Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Council members Higley, Bryan, Cummings, Schwartzel None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,508.78 ~ubmitted for legal services provided to the City for the month of March 1986. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice in the amount of $4,508.78 for legal services be approved for payment. n o u Regular City Council Meeting, April 14, 1986 197 n:: ,> \ Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None COUNCIL COMMENTS: Mayor Parks announced that Houston Mayor Kathryn Whitmire has selected Laura Higley to receive the Outstanding Volunteer Service Award ~n the Cultural DiYision for her work at the Museum of Natura 1- Sci ence. The award wi II be presented on or about Apri 1 25" 1986. City Council and staff congratulated Laura for Mayor Whitmire's recognition of her achievements. Mike Cemo, Chairman of the Parks Board, has requested Council appoint a member to the Parks Board to fill the vacancy of Steve Pruss who is moving to Dallas. Council concurred that Tina Melo be asked to serve. Councilmember Schwartzel asked if the Zoning Map should not be updated. City Attorney, Jim Dougherty, adyised that the Zoning and Planning Commission was in the process of updating t~e map. Councilmember Bryan commented on the letter received from a resident praising theCity's Paramedics for their assistance to one of our residents. o STAFF REPORT: City Manager, Dick Rockenbaugh, had nothing further for Council to consider at this time. CITY COUNCIL MEETING MINUTES:; Minutes of the regular city council meeting on March 24, '1986, were presented for consideration. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that the minutes of the regular city council meeting on March 24, 1986, be approyed as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Higley, seconded by Councilmember Schwartzel, that the meeting adjourn. Such motion carried and the meeting was adjourned at 8:21 P.M. II 198 Regular City Council Meeting, April 14, 1986 n o u 199 REGULAR CITY COUNCIL MEETING APRIL 28, 1986 7:30 P.M. City Council convened in regular session at the Saint George Orthodox Church, 5311 Mercer, in the City of West University Place, on Monday, April 28, 1986, with the following members present: Mayor Parks, presiding; Councilmembers'Higley, Bryan, Cummings and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration and Director of Operations. Mayor Parks gave the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to' bring" to the attention of the City Counci 1 whi ch had not previ ously been submitted to the City Manager. There were none present whd.wished to speak. D CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a spectfk agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made' by Councilmember Bryan, seconded by Counci lmember Cummings, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers 'Cummings, $chwartze 1 None N,one Higley, Bryan, CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: Consideration was gi ven to approval of Change' Order No. 1 in. the amount of $39,387.00 to the contract with David Evans Contracting Inc., for renovations to City Hall. ' Motion was made by Councilmember Bryan, seconded by Councilmember Cummings, that City Council approve Change Order No. 1 in the amount of $'39',387.00 'as presented. n Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Curmilings, Schwartzel None None SWIMMING POOL REPAIRS: Consideration was given to the invoice in the 200 Regular City Council Meeting, April 28, 1986 ----., i I I I i J , I '---.J amount of $23,265.00 Tor .,ffna 1 payment to Anderson Pools Bay Area, Inc., for completion of the replastering contract for the swimming pool at Colonial Park. _' - Motion was made by Councilmember Bryan, seconded by Councilmember Cummings, that final payment in the amount of $23,265.00 be authori zed to Anderson 'Pools Bay Area, I nc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None RE-ROOFING OF THE COMMUNITY BUILDING: Consideration was given to authorization. for issuance' -of certificate of completion and approval of final payment in the' amount of $8,221.00 to Marton Roofing, Inc., for completion of the contract to re-roof the Community Building. Motion was made by CouncilmemberBryan, seconded by Counci lmember Cummi ngs, that City Council authori ze issuance of the Certi fi cate of Completion and final payment in the amount of $8,221.00 to Marton Roofing, Inc., for compleUon of the contract to re-roof the Community Building. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None' None [J WATER RATE STUDY: Consideration Was given to authorizing Requests for Proposals for a city water rate study. Motion was made by Councilmember Bryan, seconded by Councilmember Cummings, that the City Manager be authorized to issue Requests for Proposals for a city water ratestudy~ Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None, RE-ROOFING WATER PLANT OFFICES: Consideration was give to authorize advertising for bids for re-roofing of the Water Plant Offices. Moti on was made by Council member Bryan, seconded by Counci lmember Cummings, that the City Manager be authorized toadverti se for bids for re-roofing of the Water Plant Offices. Voting Aye: Voting No: Absent: Mayor Parks,Councilmembers Higley, Bryan, Cummings, Schwartzel None None J Regular City Council Meeting, April 28, 1986 201 n u PURCHASE OF FIRE HOSE: Consideration was given to authorize adyerti sing for bi ds for the purchase of 1,200 feet of 4 inch fi re hose and 1,000 feet of 1 3/4 inch fire hose for the Fire Department. Mot i on was made by Counc i 1 member Bryan, seconded by Counc i 1 member Cummi ng~, that the Gi ty Manager be, authori zed to adverti se for fire hose as requested. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None COUNCIL COMMENTS: CouncilmeiTIber Higley expressed her appreciation for the beautification of the esplanade on Buffalo ,Speedway. She also commented on the two letters of commendation received concerning the Police Department and one letter to the Fire Department for exceptional services to residents. STAFF REPORT: City Manager, Dick Rockenbaugh, had nothing further for Council to consider at this time. o CITY COUNCIL MEETING MINUTES: Minutes, of the regular c,ity council meeting un April 14, 1986, were 'presented for consideration. Moti on was made by Council member 'Bryan, seconded by Counci lmember Higley, that the minutes of the regular, city council meeting on April 14, 1986, be approved a~submitted. Voting Aye: Voting No: . Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None,. ADJOURNMENT: With no further business to come before Council at this time, moti on, was made ,by Councilmember' Schwartze l, seconded by Gouncilmember Cummings, that' the meeting a rn. Such motion , carried and the meeti~g was adjou~ ed a 7' P.. n 202' REGULAR CITY COUNCIL ~EETING MAY 12; 1986 7:30 P.M. -l U City Council convened in regular session' at the Saint George Orthodox Church, 5311 Mercer, in the City of West University Place, on Monday, May 12, 1986, with the fo II owi ng members present: Mayor Parks, presiding; Councilmembers Higley, Bryan, Cummings, and Schwartzel. A 1 so present were the City Manager, City Secretary, Ci ty Attorney, Director of Operations, Chi~f~f P6lice, and the 'Fire Chief. Councilmember Schwartzel delivered the invocation; and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Mr. Ron Keller, 3007' Nottingham, requested to speak on behalf of his neighbors in reference to the basketball courts at Weir Park. Mr. Keller distrfbuted a brief outline to Council listing the concerns of the neighborhood. He stated his purpose in addressing. City Council was to inform Council of the strong feelings of the neighborhood about the basketball courts. He also reviewed some specific 'items that the group opposed and made U11i recommendations to Council that he thought would solve the problem. The basketball courts have consistently attracted large crowds. We are concerned for our chi 1 dren, our property and our safety. The park is'too small to accommodate the courts. We feel the courts have made a seri ous impact on the nei ghborhood. Mr. Keller reported statistics relating to the number ,of cars parked along the street and the number of people playing basketball at particular hours. Driveways have been repeatedly blocked by the players' cars. Mr. Keller further stated that he understood the Parks Board had submitted a written recommend,ation to the Mayor and Counci 1 to move the basketball, goals and rims so that there would be two half-courts. Mr. Keller wished to go on record that the neighbors were strongly: opposed to the two half-courts.' What Mr; ,Keller suggested was one basketball goal and rim be taken down. When this was done before, the number of basketball players diminished and the residential atmosphere of the neighborhood was restored. Ms. Diane Berch, 3015 Not1Jngham, stated that the complexion of the park had changed in the last two and a half years. It seems that is is getting worse and ,residents are not comfortable going out in their front yards. We are willing to go back to a half-court. Mr. Jim Barry, 3035 Nottingham, agreed with going with one half- court. u Mr. David Hargis, 3021 Nottingham, stated that in the last two years the park has become burdensome to the neighbors liYing Regular City Council Meeting, May 12, 1986 203, n nearby. The crowds get quite loud. We have felt for a long tim,e that one half-co.urt basketball court would be acceptable. The one half-court is our recommendation to Council. Councilmember Higley thanked Mr. Keller for his presentation of the concerns of his neighbors. Mayor Parks assured Mr. Keller and the other interested residents that the matter would be referred to staff for appropriate action. CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wi shed to speak concerni ng an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA:Councilmember ' Schwartzel requested, Item No. 8 City Hall Asbestos Removal and Miscellaneous Work' be removed from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Higley, seconded by Councilmember Cummings, that consent agenda items No. 7 and No.9 be approved in accordance with staff recommendation. o Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cu~ings, Schwartzel None None CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: (Consent Agenda Item No. 8) Consideration was given to the, invoic.e jnthe amount OF $22,389.45 submitted ,by David Evans Contracting Company for work completed on the'renovations to City Hall. City Manager, Mr. Rockenbaugh, explained that the sub-contractor's.asbestos remoyal contract money had been removed from the i nvoi ce. The genera 1 contractor wou 1 d be paid. I n accordance wi th the terms of the contract, the subcontractor would be paid when the medical releases for two of his employees , are received by the City. City Attorney, Jim Dougherty, recommended Council consider paying the invoice to the general contractor., The holding of the subcontractor's check was agreed to by the general contractor and also maintains the City's,position in'the contract. n Motion was Councilmember submitted by payment. made by Counc i 1 member Schwa rtze 1 , seconded by Bryan, that, the- i nvoi ce in the amount of $22,389.45 David ,Evans' Contracting Company be" approved for "J Voting Aye: Mayor Parks, Councilmembers HigJey, Bryan, Cummings, Schwartzel 204 Regular City Council Meeting, May 12, 1986 Voting No: None Absent: None BOND ELECTION: Mayor Parks presented Ordinance Number 1259 calling a Bond Election in the City on June 21, 1986, to determine whether the City shall be authorized to issue bonds for improving , extending, replacing, repairing and rehabilitating the City's Sanitary Sewer System. Mr. Dougherty suggested to Council that there might be a good reasOn to put in the ordinance a term for more than 20 years for the bonds to mature. Mr. Drew Masterson, representing the City's financial advisors, Masterson and Company, suggested to Council that there was no advantage in not extending the term of the bonds beyond 20 years. Forty years is the standard number of years included in an ordinance calling a bond election. ,There could potentially be an advantage at a future time to haye a longer term to pay the i nde.btedness. Motion was made by Councilmember Cummings, seconded by Council member Bryan ,that City Council adopt Ordinance Number 1259 revising the term of the bonds to mature over a period not to exceed forty (40) years. Voting Aye: Voting No: Absent: Mayor Parks.; Councilmembers Higl ey, Bryan, Cummings, Schwartzel None None CENTRAL COUNTING STATION AND 'ABSENTEL BALLOT BOARD: Consideration was given to Resolution Number 86-04 designating a central counting station, appointing a Presiding Judge for the Absentee Ballot Board and other related matters. Motion was made by Councilmember Bryan that Resolution Number 86-04 be adopted. The City Attorney advised that the information contained in Resolution 86-04 was included in Ordinance Number 1259. The form of the resolution had traditionally been used, but now Resolution Number 86-04 was no longer legally required. All the information was in the one document. The motion to adopt Resolution Number 86-04 died for lack of a second. FIRE DEPARTMENT COMPENSATION AND ,CLASSIFICATION SYSTEM: Consideration was given to approving the proposed changes to the Fire Department Compensation and Classification System. LJ o ~u Regular City Council Meeting, May 12, 1986 205, m Motion was made by Councilmember Higley, seconded by: Councilmember Cummings, that the revised Fire Department Compensation and Classification System be approved as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $3,245.42 submitted for legal services provided to the City for the month of April 1986. Motion was made by Councilmember Higley, seconded by Councilmember Cummings, that the invoice 'in the amount of $3,245.42 be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None COUNC1L COMMENTS: Several members of Council requested information concerni ng Metro: (a) the form of the questi onna ire previ ous ly submitted by Metro and (b) the Metro board meeting ,.dates and times. Mr. Rockenbaugh advised Council that staff would provide them with the information within the next week. 10 STAFF REPORT: Mr. Rockenbaugh advised Council that there was a workshop session scheduled for May 22nd. Councilmember Higley had a confl i ct and woul d not be able to attend on that date. By general consent, the workshop was rescheduled to Monday, May 19th, 7:00 P.M. CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on April 28, 1986, were presented for consideration. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that the minutes of the regular city council meeting on April 28, 1986, be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the meeting adjourn. Such motion carried and the meeting adjourned at 8:34 P.M. u I 206" Regular City Council Meeting, May 12, 1986 IT , ~~ Lt Q 207 REGULAR CITY COUNCIL MEETING ,MAY 29, 1986 7:30 P.M. City Council convened in regular session at the Saint George Orthodox Church, 5311 Mercer, in the'City of West University Place, on Monday, May 29, 1986, with the following members present: Mayor Parks, presiding; Council members Higley, Bryan, and Cummings. Also present were the City Mana!rer, City Attorney, City Secretary, Director of Administration, Director of Operations, Superintendent of Utilities and ~ubl ic . Works SyPilriry~~n~~~t" -.'tOouncilmember Bryan. deHve~ed the lnvocatlonl and lea"', tWe, "Alleglance to the Flag. Councllmember Schwartzel arrived at approximately 7:37 P.M. "-'.'0"- '-' - .-. . I HEARING OF RESIDENTS; Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Mr. Paul Wallin, 3311 Alpans, addressed Council with information relating to the basketball court at Wier Park. Mr. Wallin stated that he was in favor of maintaining the basketball court with two goa 1 s. A number of parents had expressed concern that reduci ng the basketball court to aha If-court might force the teenagers to leave West University Place in search of recreational activities. Mr. Wallin felt the problems previously presented to Council concern; ng the bas ketba II court cou 1 d be contro II ed. He had talked to several young teenagers'who, :di d not:fee L they had ever been run off the courts. Mr. Wallih urged,Council to consider maintaining the basketball court with two' 'goa 1 s. Councilmember Schwartzel came inat this point. Dr.' Frances Arrighi-, " 3036 Albans, d.iscussed problems she had previous:ly experiencedconcerni.ng':repairs :to' .the ,storm sewer acrossher'property~ She stated that, the-Director of,Operations, Mr. Cooper, had been instrumental in getting the repair work done and she appreci ated the manner in whi ch Mr. Cooper, dealt wi th the problem. MayorParks:~thanked Dr'~ Arr,ighi for hell" comments, Mr. Ron KelleraddressediCouncil' and reiterated his point of debate concerning ~the basketball court: that ,Wier Park was too sma II to accommodate the crowds attracted to the park by the full-court basketbaH facility. Mr. Keller distributed current statistics relating to the'. number of basketball, players using the half-court in the last two weeks. The crowds were less, but there had been one disturbing incident.: u , I Mayor Parks thanked the :res:idents for appearing;' before Counci 1 to express their concerns and that their concerns would be giyen full consideration. 208 Regular City Council Meeting, May 29, 1986 CITIZEN RESPONSE TO AGENDA' ITEMS: 'Mayor Parks invited residents who wished to address_a ~pecific agenda item to speak at this time. There were none present who wi shed to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Schwa rtze 1 requested agenda item No" 9 ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS be removed from the consent agenda. CONSENT AGENDA: Motion was ,made by Councilmember Higley, seconded by Councilmember Bryan, that"with the exception of agenda item No. 9, the consent agenda' be, approyed in' accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks,Coun'cilmembers Higley, Bryan, Cummings, Schwartzel None' None PROMISSORY NOTE FOR EXPENSES RELATED TO, THE TEMPORARY RELOCATION OF CITY HALL: Mayor Parks presented Ordinance Number 1260 for Council's consideration and read the caption as follows: AN ORDINANCE FINDING THAT THE CITY TREASURER HAS CERTIFIED THE AVAILABILITY OF FUNDS IN THE GENERAL FUND, UNRESERVED FUND BALANCE ACCOUNT TO', PROCEED, WITH THE PURCHASE OF PERMANENT PUBLIC IMPROVEMENTS TO THE CITY HALL BUILDING; AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A PROMISSORY NOTE AND LOAN AGREEMENT WITH THE CITY'S DEPOSITORY BANK,FOR THE SUM OF $200,000; APPROPRIATING THE SUM OF $200,00U, THE LOAN PROCEEDS, FOR THE SOLE PURPOSE OF PAYING ,FOR PERMANENT PUBLIC IMPROVEMENTS TO THE CITY' HALL BUILDING; PROVIDING FOR THE REPAYMENT OF SUCH AMOUNT SO BORROWED; AND PROVIDING THAT NO TAX BE LEVIED SINCE FUNDS CURRENTLY AVAILABLE HAVE BEEN PROPERLY APPROPRIATED AND DESIGNATED FOR THE REPAYMENT ,OF SUCH DEBT AUTHORIZED HEREIN TO BE CREATED. In accordance with Charter requirements, copies of Ordinance Number 1260, in the form required for adoption, were ayailable to all members of City Council and:,a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that Ordinance Number 1260 be adopted as read. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Hig ley, Bryan, Cummi ngs Councilmember Schwartzel None u o [j Regular City Council Meeting, May 29, 1986 209 w RESOLUTION NUMBER 86-05: Mayor Parks presented Resolution.,Number 86-05 approvin'g the Form, of, the ,Restated and Amended,Articles of Incorporation of the WestUniversi,ty Place Parks Fund and authorizing the Parks and Recreation Board to execute and deliver the necessary documents to apply to ,the Internal Revenue Service for a tax Exempt Status and other related matters. Motion was made by CouncilmemberSchwartzel that Resolution Number 86-05 be tabled to allow time for further study. Councilmember Cummings asked what the time frame was to file the application for tax exempt ,status. Mayor Parks recognized Parks Board Chairman, Mike Cemo. Mr. Cemo informed Counci 1 that" the Parks Board anti ci pated fil i ng the application the first week in June. [ The City Attorney advised Council that it was necessary to get the application on file with ,the IRS before any donations were received. The date to receive donations relates back to the date of the application. Mr. Dougherty further explained that primarily the changes are (1) changing the,name from West University Place Parks Fund to Fri.ends of West University Parks Fund, and (2) to comply with some revised IRS regulations. Mr. Dougherty further explained,that, according to the attorney proYiding legal services to the Parks Board, the revised By-Laws for the corporation would be presented to Council at the first workshop session in June. II ,\ After discussion, : Mayor ,Parks called for 'a second to, the: motion to table Resolution No. 85-06.' , , The motion' to table d,iedfor ,a 'lacko,f a second,. ' . ,I; Mayor Parks read, Reso 1 uti on Number 85,-06 as fo II ows:, :' A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, APPROVING THE FORM OF THE RESTATED' AND AMENDED,' ART,ICLES OF INCORPORATlION,OFTHE WEST UNIVERSITY PLACE PARKS FUND AND AUTHORIZING THE PARKS AND. REC,REATION BOARD TO EXECUTE AND DELIVER THE NECESSARY DOCUMENTS TO, APPLY TO,THE INTERNAL REVENUE SERVICE FOR A TAX EXEMPT S:rATUS AND OTHER RELATED MATTERS.' u , ,/ WHEREAS, West University Place Parks Fund (the IIFundll) was initiaHy incorporated on July' 5, 1978\asa' Tex:as non-profi t corporati on; the Fund I s primary pUlrpose being to solicit and raise funds for the improvement of the parks system in the City of West Univer,sity Place" Texas (the' nCityll); and ' I" WHEREAS, there is no evidence that the Board of Directo'rs of the Fund timely ,appl ied to the Internal Revenue Service CIIIRSII)fc;>r:a, determination that the Fund, L-~ 210 Regular City Council Meeting, May 29, 1986 is exempt ,from federal income tax under Section 501(c)(3) 'of the Internal Revenue' Code of 1954, as amended',(III.R.C. or the IICodell) and an 'organi.zati on to which contrjbuti ons are deductible und~r I~~:C;~170(c); and' .. I. u WHEREAS, the present Parks -and Recreation Board (the IIParks Boardll) of the City wishes to use the Fund as a qualified, charitable fund-raising organization and, if possible, on or before July 4, 1986; and WHEREAS, the Articles of Incorporation of the Fund must be amended and such amendments -filed with the Texas Secretary of State prior to submitting an exemption application to the IRS for review; and , WHEREAS, any amendment 'to the Articles of Incorporation of the Fund must be approved by the governing body of the City, and a certified copy of the resolution so approving the amendment must be submitted to , the Secretary of State a 1 on'g with the amendment. ' - NOW, THEREFORE, , BE IT RESOLVED Bf THECtTf COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the form of Restated and amended Articles of Incorporation attached 'hereto be, and hereby are approved. o Section 2. That the Parks Board be, and hereby is, authorized and dir~cted to take~uch actions and to execute and deliver such documents' as may be' necessary or appropriate to ensure that the Fund becomes a qualified charitable fund-raising organization to support the City's parks system, including, but not limited to, filing the necessary federal, state and local tax exemption appl i,~ati ons. Section 3. If any word, phrase, claUse, sentence, paragraph, se'cti on or 'othe'rpart of thfs reso luti on Or the applfcation thereof to' any person or circumstance, shall ever be held to' be i'nvalidor unconstitutional by any court of competent jurisdiction, the remirinder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section or other part of this resolution to any otherpersons'or circumstances shall not be affected thereby.' \ Section 4. ' All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 5. The City Council officially finds, determines and declares that' a suffi'ci'entwrittennotice o Regular City Council Meeting, May 29, 1986 2;11 u of the date, hour~ place, and subject of each meeting at which this resolution' ,was discussed, considered or ,acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amen'ded, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action:~ . The City Council ratifies, approves and confi rms ,such noti ce's and the contents and posting thereof. PASSED AND APPROVED this the 29th day of MAY 1986. Councilmembers Voting Aye: Councilmembers Voting No: Councilmemb~rs Absent: Michael L. Parks, Mayor' ATTEST: Audrey Nichols, City Secretary o (SEAL) Approved as to Form: James L. Dougherty, Jr., ," C,i ty Attorney ,) Motion was made by Counci'lmember Higley, seconded by Councilmember Bryan, that Reso1l uti on ,Number 85-06 be adopted! as presented and read.,' I ' -- Voting Aye: Voting No: Absent: - Mayor Parks, Councilmembers Higley, Bryan, Cummings ' Councilmember Schwartzel None JANITORIAL_SERVICE WITH THE OPTION OF LAWN CARE FOR POLICE BUILDING AND LIBRARY BUILDING: : The City Man'ager,Mr.'Rockenbaugh, adv'ised Council that the City receiv'ed the fo'llowing bids for janitorial service with the lawn care option. As advertised; the bids were opened 2:30 P.M., May 8, 1986: 'Police,Building Library Building n Ford Building Maintenance $522.00 (5 days) $731.00 (7 days) $700.00 (5 days) $740.00 (7 days) $522.00 (5 days) F & PJanitorial Service $485.00 (5 days) al2 Regular City Council Meeting',' May 29, 1986 ' I "'.. Macke Company . i $700.'00 (5 days) ""..: "$900.00 (7' 'days) , $725.00 (5 days) $975.00 (7 days) $8.54.00 (5 days) $889'.00 (7 days) Janitex," Inc. C & S Maintenance Co. Johntre Developments $800.00 (5 days) $900.00' (7' days) , $900.00 (5 days) $1;000:00 (5 days) ". . ~ , $1,016.38(5 days) $1,211.38 (5 days) $1,886.58 (5 days) $2,336.58 (7 days) NO BID . ..1. Real Clean Janitorial Executives My Men at Work Co. Lomax Janitorial Service .. ". _H_.' " "="'1 $700.00 (5 days) u $480.00 (5 days) $631.00 (5 days) $650.00 (5 days) NO BID $754.36 (5 days) $1,482.04 (5 days) Associated Building Services (this company did not have lawn care available; they did not bid option one & two) Mr. Rockenbaugh stated that after review and tabulation of all the ~,"11." bids, staff recommended F & P Janitorial Service, 7 day service ~, (with supplies, with lawn care) for the police building for the monthly amount quoted, $740.00; and Janitex, Inc.,'5 day service (with supplies, with lawn care) for the library building for the monthly amount quoted, $480.00. If services were to begin July 1, 1986, the 1986 total amount-for the police department would be $4,440.00 and the 1986 total amount ,for the library building would be $2,880.00. 1986 budgeted amounts respectively are $5,000.00 and $4,500.00. NO BID After discussion, Mayor Parks recommended the bids be referred back to staff to report the >costfor ,lawn care separately from the cost for custodial services with an estimated seasonal breakdown of the lawn care service. i. . Motion 'was made by: Counc.i:lmember Bryan:, seconded by Counci lmember Higley, that the bidsbe'ireferredback to staff.asrecommended by the Mayor. ' Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel , Councilmember Cummings None HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the m':"EI' .'- ~t ':;:f Regular City Council Meeting, May 29, 1986 213 u invoice in the amount of $6,626.00 submitted by Harris County Appraisal District representing the third quarter of the 1986 assessment. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the invoice in -the amount of $6,626.00 submitted by the Harris County Appraisal District be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None,. ' None ' , ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: (Agenda Item No.9) Consideration was given to three invoices submitted by Langford Engineering Inc.:,: for various projects: (1) Preliminary Engineering Study for Sewer Line Replacement within Sanitary Sewer Service, Area No. 5in the amount of $3,832.50; (2) Master Plan for Sanitary Sewer Line Replacement for Entire City in the amount of $2,258.44; and (3) redesign services for Water Line Replacement Project in Pemberton an~Belle Court Subdivisions (Water Priority Area No. 1 area) in "the amount of $2,227.04. D Councilmember Schwartzel questioned the invoice for the redesign work for the Water Line Replacement Project in the Water Priority Area No. 1. Mr. Rockenbaugh recommended Mr. Ufer, City's Consulting Engineer from Langford Engineering Inc. address the 'question. Mr.Ufer offered- that one, of the prior City Councils authorized the engineering design work for this area dividing the Pemberton and Belle Court Subdivisions into three separate projects. The design work was completed., However.the construction had not been authori zed. Now that the current Co,unc i 1 chose to authori ze the construction, it was deemed economically appropriate to bid the entire area under one contract. Th'is decision required redesign engineering work to combine the three sets of specifications and bid forms into one contract. Motion was then made by Councilmember Bryan, seconded by Councilmember Higley, that the three invoices submitted by Langford Engineering Inc., be authorized for payment as listed. ',: I: " .'.: i,l" :'1 Voting Aye: Mayo,r Parks,; Cou!nci lmembers Cummings, Schwartzel None N' , , - . ' ,,' '. (i)ne, ,.; " '. Hi gley,,- Bryan, Voting No: : Absent: ' 1/1 - " ," . ~ . I ~ . : , j' ;;: n WATER AND SANITARY SEWER RENOVATION PROGRAM: Consideration was given to the invoice in the amount of $6;914:00 submitted by Topco Co., Inc., for survey work performed in the Priority Area 1 Sewer Renovation',Program 'and the Priority Area 2 Water Renov:ation Program. . '. ' 2\~4 Regular City Council Meeting, May 29~ 1986 Motion was made by Councllmember Higley, seconded byCouncilmember Bryan" that the invoice in the amount of 6,914.00 submitted by Topco Co., Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None WATER AND SEWER RENOVATION STUDY:: Consideration was be 'given to the invoice in the amount of $4,000.00 submitted by Gutierrez, Smouse, Wilmut & Assoc. Inc., for the engineering ,study performed for the evaluation and analysis of the Cjty's Utility renovation Prograin. ' ...,.', , Motion was rriade by Councilrriember, Higley, seconded 'by Councilmember Bryan, that the invoice in the amount of $4,000.00, subm,itted by Gutieeerz, Smouse, Wilmut, & Assoc. Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None , None 1986 ANNUAL AUDIT: Consideration was b~ given to the invoice in the amount of $6,000.00 submitted "by Peat, Marwick, Mitchell & Co., for services in connection with the City's 1985 annual audit. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the invoice for the City's 1985 annual audit be approved for payment. " Voting Aye: Voting No: Absent: Mayor Parks~ Councilmembers Higl~y, Bryan, Cummings, Schwartzel None None' WATER WELL #9 LOAN PAYMENT: Consideration was given to the loan payment for construction of Water Well #9 in the principal amount of $65,000 plus interest in the amount of $13,171.53 for a total paym~nt of $78,171.53. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the loan payment in the amount of $78.171. 53 be approved for payment. ' Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None ACQUIESCENCE TO ENCROACHMENT: Consideration was given to the , request for an Acquiescence to Encroachment on Lot 6, Block 1, Sunset Terrace, Section 1: 3757 Sunset Blvd. Robin Vest, owner of .1 u o u Regular City Council Meeting, May 29, 1986 215 I the property at 3757 Sunset Blvd., addressed Council stating that in the process of refinancing his home, a current survey revealed an encroachment on a utility easement of approximately 6 inches. City Manager, Mr. Rockenbaugh, suggested this was the same question that had come before Council before concerning another piece of property. Council had previously agreed to consider these requests on a case by case basis until specific guidelines were adopted. Mr. Vest's request presented a pressing time factor. Mr. Vest has complied with the City's application pro~edure and the'application 'has been processed appropriately. Mayor Parks recommended the form for Acquiescences to Encroachment be amended to limit the acquiescence to the existing structure. City Attorney, Mr. Dougherty, assured the Mayor that such an amendment could be made to the Acquiescence to Encroachment before Council applicable to the structure at 3757 Sunset Boulevard. Motion was made by Councilmember Schwartzel, seconded by Councilmember Cummings, that the City Manager be authorized to execute the Acquiescence to Encroachment for Lot 6, Block 1, Sunset Terrace, Section (3757 Sunset Blvd.) as modified by the City Attorney to limit the acquiescence to the existing structure. rl Jlj Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None COUNCIL COMMENTS: Councilmember Schwartzel expressed his displeasure with the portable signs placed at various locations in the City. He recommended the sign ordinance be updated. Councilmember Bryan stated the City received two letters commending the Director of Operations and one letter of commendation for the Police Department. Councilmember Bryan expressed her appreciation to city staff. .. Councilmember Cummings thanked the Director of Operations for accomplishing the fence repair at the swimming pool. STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for City Council to consider at this time. CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on May 12, 1986, were presented for consideration. l Motion was made by Councilmember Higley, seconded by Councilmember Schwartzel that the minutes of the regular city council meeting on May 12, 1986, be approved as submitted. Voting Aye: Voting No: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None , ~ ::.~. 216 Regular City Council Meeting,1 May' 29,' 1986,. .~ Absent: None D ADJOURNMENT:: With no further business: to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that the meeting adjourn. Such motion carri~dand the meeting adjburned at 8:23 P. \ '. ~ , ..' ,. 1 " [J ~",.. , I ' ,I, [1 UJ \'k 1 n REGULAR CITY COUNCIL MEETING JUNE 9, 1986 7:30 P.M. City Council convened in regular session in the City Hall Council Chambers, 3800 University Boulevard, in the City of West University Place, on Monday, June 9, 1986, with the following members present: Mayor Parks, presiding; Councilmembers Higley, Bryan, Cummings, and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Operations, Chief of Police and the Superintendent of Utilities. Councilmember Cummings delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. D Mr. Robin Vest, 3757 Sunset, addressed Council concerning the Wier Park basketball court. He had been involved with the basketball court since June of 1985 by serYing on a neighborhood committee. The committee was des i gned to meet with s ta ff to determi ne the best solution to the problems existiing at Wier Park. Mr. Vest did not agree with the solution currently adopted by 'City Council (to reduce the basketball court to a one half-court facility. Mayor Parks assured Mr. Vest that Counci 1 had revi ewed all sides of the issue. In the review' process;' several conditions became apparent: (1) There is not adequate parking facilities at Wier Park to accommodate the crowds attracted by a full-court basketball faci 1 ity. (2) The residents who' live near Wier Park have been subjected to abusive, language ,:and behavior by some of the people using the court, on more than one occasion. (3) There is'a definite need for a:full-court basketball court in ,the Ci ty, but' the 1 ocat i on of such a court wi II require a great deal of study. (4) Construction of the full-court faci 1 ity wi II need to be studied from a Ibudgetary point of view'., Mayor Park's' adviSed' MY'" Vest that at this time, City Co,uncil 'will hold the basketball court to a one half-court facili"ty'. The Mayor recommended Mr. Vest deliver any remedies he might wish to suggest to Mike Cemo, Chairman of the Parks Board. Betty Wood, 3731 Rice, and Gayle Reagan, 3735 Rice, both addressed Council concerning the suggestion ,that the basketball rims on the elementary school property be improved for' use as a regulation full-court faci 1 i ty. Both Ms. Wood and Ms. Reagan suggested the o r " . I!I .--- -, --r;-',T--. II: '~ltlrl~tl.r .. ... j- .... "11111"[ 1 n1 1111111I I" ..lll. ~~f:: ,'2 ' 1. .lrnIIlI!JI!IrI.!:!!:lIlL._.rl '.J.. l. 'LlI__lIfl1lt,",.i", I '1 I T'1TlTT"l1"-'-r --,.. j~ 1',1 If '.,111 T"""1'- ~'T [" 1 .~ -,- Regular City Council Meeting, June 9, 1986 :'~~' ~.; same condi ti ons and i nconven;.ences exi sted to thei 1" nei ghborhood as to the nei ghborhood around, Wier Park. They requested Council consider other alternatives to locate a full-court basketball facility in the City. CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wlshed to address a speclfic agenda item to speak at this time. lJ There were none present who wished ,to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Schwartzel requested, consent (l,genda items No. 9 FRIENDS OF WEST UNIVERSITY PARKS FUND. INC.. BY-LAWS and No. 10 WATER AUDIT PROPOSAL be removed from the consent agenda. CONSENT AGENDA: Motion was made by,Councilmember Schwartzel, seconded by Counc il member Cummi ngs , that, with the exception of agenda' items No., 9 and, No. 10, the consent agen<;la be approved in accordance wi th s ta ff recommenda t ion. ' Voting Aye: Voting No: Absent: Mayor, Parks, Counci lmembers Hi gl ey, Bryan, Climmi ngs , Schwa rtze'l None ' None ~ , I \ I i J \ I W JANITORIAL SERVICE WITH THE OPTION OF LAWN CARE FOR POLICE BUILDING AND LIBRARY BUILDING,: In accordance with preYious action of City Council, City Manager, Mr. Rockenbaugh, presented staff's recommendation for janitorial contracts for the police building and the library building with and without lawn care. After discussion, City Council"by general consent, eliminated the lawn care provision from the bids. On the basis of Council's" decjsion, Mr. Rockenbaugh recommended that 'C& S Maintenance be awarded the contract for custodial service to the police building at their bid price of $489.00jmonthj7 days a week and F & P Janitorial Service be awarded the contract for custodial service to the library building at thei 1" bi d pri ce of $335 ..,OO/mont~j5 days a week. Both bi dders were the low bidders with the remoyal of lawn care service. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that City Counci 1 accept staff's recommendati on and award the contracts for custodial service for the police building to C & S Maintenance and to F & P Jani tori a 1 ,Servi ce for the library bui ldfng subject to acceptable reference checks and each company's ability to meet the specified bond requirements. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None }I f I U Regular City Council Meeting, June 9, 1986 , ;r(' <t'" 3 ",. ".. . ,~. ~~. , ' u - I REROOF OF OPERATIONS GARAGE AND WATER PLANT OFFICES: In accordance with previ ous acti on of City Council the fo II owi ng bi ds for the reroofing of the Operations Garage and the Water Plant Offices, opened on June 3, 1986, 10: 30 A. M. , were presented for consideration. Bidder Sonny's Roofing, Inc. 5710 Almeda Genoa Houston, Tx 77048 - The Marton Company 15502 Galveston Rd., Suite 118 Webster, Tx 77598 A-I Roofing & Maintenance 3004 Yale, Suite,G Houston, Tx 77018 Pyramid Roofing Co. 2200 Texas Ave. ' Houston, Tx 77091 n --./ Rash Roofing, Inc. 1210 West 19th Street Houston, Tx 77008 . Br;.nkman Roofing'& SheetmetaJ, : , 14700 Old Galveston' Rd. ' , . Webster, Tx 77598 NMC & Company 6700S. Dairy Ashford #908 Houston, Tx 77072 Be 11 a'i re ,Rooiiing: 5757 Bellaire, :B'lvd., Suite 110 Houston, Tx 77081 C&H Construction Company , 2449: South, Blvd'.' Houston, Tx 77098 SPM & Associa'tes, Inc. 1500 'Witte:, Suite 82 Houston, Tx 77080 n Universal Roofing Corp. 27 North Delane. St. Houston, Tx 77003 J". , Amount Bid $7,076.60 $8,534.00 $11,400.00' $12,774.00 $13,245.00 $13,650.00' " , , I ~. $14,000.00 $14,175.00 , - $16,901. 30 ! ' $17 ,781. 00 $24,236.00 ,'t' Mr. Rockenbaugh explained that the lowest bidder had discovered an arithmetical error and had withdrawn his bid. Upon review of the III II I I :1'11'11I rr:> I II I,'il . j: '~,U111Iinlli . . 1 '......i1lljiTnlTl1f1111l1' IIf .. ... 1 ~ .Illll1l1!!IlID.lI'Il'I1Il .~II!fj. I. I I I'r.,..,.-r-r- , .-L...I !I h I I I T'" .T r '-..,..,-~- t '~,4'~' Regular City Council Meeting, June 9,,1986 :,3.:~~ remalnlng bids, staff recommended the second lowest bidder, Marton Roofing, Inc., be awarded the' contract at their bid price of $8,534.50. u Motion was made by Councilmember Cummings, seconded by Councilmember Higley, that the contract to reroof the Operations Garage ahd the Water Plant Offices be awarded to Marton Roofing, Inc., at their bid amount of $8,534.50. Voting Aye: Voting No: Absent: ' Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None PROMISSORY NOTE RENEWAL AND EXTENSION: Mayor Parks presented and read the caption of Ordinance Number 1261 as follows: AN ORDINANCE AUTHORIZING THE MAYOR ,TO .EXECUTE THE NECESSARY DOCUMENTS TO RENEW AND EXTEND THE PROMISSORY NOTE PREVIOUSLY AUTHORIZED BY ORDINANCE NUMBER 1225 DATED JUNE 1, 1984' AND ORDINANCE NUMBER 1239 DATED MAY 23, 1985; 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. o Copies of Ordinance Number 1261, in the form required for adopti on, were ava i 1 ab 1 e to all, memb~rs of City Counci 1 and a reasonable number of additional copies available, to interested citizens present. . Motion was made by Councilmember Cummings" seconded, by Councilmember Higley, that Ordinance Number 1261 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings,Schwartzel None None CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: Consideration was given to an amendment to the to the contract for City Hall Asbestos Removal and Miscellaneous Work between the City and David Evans Contracting, Inc., and to the,invoice in the amount of $73,621.00 submitted by the contractor for work completed to May 31, 1986. Motion was made by Councilmember Schwartzel, seconded by CouncilmemberCummings, that City Council approve the amendment to IU'II Article 4, entitled IIContract Sumll in the Contract~ as presented and approve for payment the invoice in the amount of $73,621.00 for work completed to May 31, 1986. * Regular City Council Meeting, June 9, 1986 n Voting Aye: Voting No: Absent: .~! Mayo'r Parks, Counc i 1 members Hig 1 ey, Bryan, 'Cummings, Schwartzel None None FRIENDS OF WEST UNIVERSITY PARKS FUND INC.. BY-LAWS: Consideration was giyen to the By-Laws of the Friends of West University Parks Fund, I.ncorporated. , , , After discussion, motion was made by Councilmember Cummings, seconded by Councilmember Schwartzel, that Council table consideration of the By-Laws to allow time for further study. Voting Aye: Mayor Parks,' Councilmembers Higley, Bryan, Cummings, Schwartzel Voting No: , None Absent: None WATER AUDIT PROPOSAL: Consideration was given to the proposal submitted by Pitometer Associates for a complete water audit of the City. ' After review of staff's recommendation, motion was made by Counci lmember Bryan, seconded by Cou'ncilmember Hi gley, that City Council approved the proposal submitted by Pitomete:r Associates for Phase I of their proposal for the City's water audit at the cost of $22,400.00. [J Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None,.), I. '. i" PURCHASE OF SWIMMING POOL CHEMICALS: Consideration was giyen to authorizing the City Manager to adyertise for bi9S for chemicals for the swimming pool at Colonial Park. Motion was made by Councilmember Schwartzel, secondeid, by Councilmember Cummings, that Council authorize the City Manager to advertise for bids for chemicals for the swimming pool at Colonial Park. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $5,166.39 submitted for legal services provided on behalf of the City for the month of May 1986. r I ' LI Motion was made by Councilmember Schwartzel, seconded by Councilmember Cummings, that the invoice in the amount of $5,166.39 for legal seryices be approved for payment. .&......- ~,_............... ,I, ~ "~.,. ~ ._................J.,:r-- ,r .I1lllllI!JJ:DI I,;IIIll _!.ll .. . . .~Iill"! ; I" , I , , L-c:rrrrrr- -- [.:.I. I'! l! 1.11 ~.,.---- --Tr---~ J\:' 6' Regular City Council Meeting, June 9, 1986, Voting Aye: Voting No: Absent: Mayor Parks'; Councilmembers Hi gl ey, Bryan, Cummings, Schwartzel None None COUNCIL COMMENTS:" There were no further comments from City Council. STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for Council's consideration at this time. CITY COUNCIL MEETING MINUTES: Mi,nutes of the regul ar city counci 1 meeting on May 29,- 1986, were presented for consideration. Mati on', was made by Counci lmember Hig,l ey, seconded by Counci lmember Schwartzel, that the mi'nutesof 1;he Iregular city council meeting on May 29, 1986, be approved as submitted. Voting, Aye: 'Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummi:ngs, Schwartze 1 - ' Non'e None ADJOURNMENT:>With'no further bus,iness to come before'Council at this tiine,',motioni was,: made by Councilmember Higley, seconded by Councilmember Schwartzel,that,the meeting adjourn. Such motion carr;.ed and,the meeting adjourned 'at 8:15 P.M~ I :. 'If 11 , I : I ~ o ~ i I ~ ~ :-() n REGULAR CITY COUNCIL MEETING JUNE '23,1986 7:30 P.M. City Council conyened in regular session in the City Hall Council Chambers, 3800 University Boulevard, in the City of West University Pl ace, on Monday, June 23, 1986, with the fo II owi ng members present: Mayor Parks, presi ding; Councilmembers Hi gley, Bryan and Schwartze l. Councilmember Cummings was absent. Also present were the City Secretary, Director of Administration and the Superintendent of Utilities. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. [J ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA( Moti on was made by Counci lmember Hi gl ey, seconded by Counci'1member Bryan, that the consent agenda be approved in accordance>with:~:staff re~omll1endati on. ---'" "~'\\1 . ~~. " ", \...../ 1,;.~ Voting-Ay'e,; Mayor Parks, Councilmembers Higley, Bryan, Schwartzel Voting No: None Absent: Cotmci 1 member Curilmi ngs CANVASS OF BOND ELECTION HELD JUNE 21, 1986: Consideration was given to the certification of distribution of ballots and the unofficial tabulated returns presented by the election officials of the Central Counting Station as follows: June 23, 1986 n To: Mayor and City Council From: Audrey Nichols, City Secretary Subject: Ballots furnished for the Bond Election held on June 21, 1986 In accordance with Section 51.007 of the Texas Election Code, the following is the Record of Sa II otDi stribut i on to tlie precincts for the Bond Election held on June 21, 1986 and the I I: ILl ;: l!iU!H~UMil!r.-l n' 1Ii1111111' I "i~ I:: 1'::11 I 'TrI1'ln:::!mll~ . "'; nl'j"il"1 ;.....l1Ih~Ii1Tnilliilflllllr Ii:' . .IlI111IE!Il!IHI!!!!Illl .l!.~1 :. :..: .~lIlln. 11M" I I II, I' I I ITlTTT'!T-.,-- I~' .iI111~,IIII! II -------..,-.,- e-8 Regular City Council Meeting, June 23, 1986 ABSENTEE BALLOT BOARD: 800 ballots printed and delivered 29 votes cast 771 ballots unused J ':,}\j> accounting of these ballots 'as submitted to the Central Counting Station by th,e respective Precinct Presiding Judges: PRECINCT 15: 600 ballots printed and delivered 161 votes cast 439 ballots unused PRECINCT 87: 600 ballots printed 1 ballot designated as IIspecimenll 599 ballots delivered 206 yotes cast 1 ballot spoiled 2 ballots declared invalid 390 ballots unused 600 ballots printed and deliyered 97 votes cast , 3 ballots declared inyalid 500 ballots unused o PRECINCT 133: PRECINCT 183: 600 ballots printed and delivered 136 yotes cast 22 declared invalid ',442 ballots unused _ UNOFFICIAL TABULATION OF RETURNS PRECINCT PRECINCT PRECINCT PRECINCT 15 87 133 183 ABSENTEE TOTAL FOR 132 177 ,67 177 27 520 AGAINST 29 29 30 19 2 109 TOTAL VOTES 161 206 97 136 29 629 Mayor Parks presented and read the caption of Ordi nance Number 1262 as follows: AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS n OF THE BOND ELECTION HELD JUNE 21, 1986, AND CONTAINING 'RELATED FINDINGS AND PROVISIONS; . 89 Regular City Council Meeting, June 23, 1986 u , v Copies of Ordinance Number 1262, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Council member Hi gl ey, that Ordi nance Number 1262 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings FRIENDS OF WEST UNIVERSITY PARKS FUND INC'9 BY-LAWS: Consid~ration was given to the By-Laws of the Friends of West University Parks Fund, Incorporation. After discussion of the proposed amendments to the By-Laws as submitted by the City Attorney, motion was made by Councilmember Higley, seconded by Councilmember Bryan, that City Council approve the Friends of West University Parks Fund Inc., By-Laws as amended. [J Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan ',Counci,lmember Schwartzel Councilm~mber Cumfuings PURCHASE OF RESPIRATORY BREATHING AIR COMPRESSOR: Consideration was given to authorizing 'adverti;s-ing for, bids for the purchase of a respiratory breathing air compressor for the Fire Department. Motion was made by Councilmember Higley, seconded by Councilmember Bryan,: that the City Managen, be' authorized ,to advertise forbids for the. purchase of a respi ratory breathing ai 1" compressor for the Fire Department. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartz'el None Councilmember Cummings PURCHASE OF OFFSET PRESS: Consi-deration was, given ,to the invoice in the: amount ,of $9:016.50 submitted by Multigraphics for delivery of the offset press to th~ Community Building. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that City Council approve~for payment the invoice in the amount of $9,016.50 subm.itted by Multigraphics for, the, purchase of the offset press. u ~ ~ '"'' ". .J~, '; {' :1 ',i ~ . _J..L..W..........Ll---. . .."r., ....:.1. .t-:.....lllI..llgllr::m;U]I. .J11II1lL11!DIIIl1ll1 .IL.! .... .lIlIIlf.!l1 ~l~n,llll".". I I " ;1 LJIlIIII~1 i IlljPJ'IIIIIII<l, 1'1 II ......"...~,.. -1'" t , JJJ. J_,~fr"\ CRegular City Council Meeting~ June 23, 1986 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings u SURVEY SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration was given to the invoices submitted by Topco Co., Inc. for survey work on various utility projects. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that City Council approve for payment the following invoices submitted by Topco co., Inc., for survey work of (a) Pri ority Area No. 2 Water, Pri ority Area No. 1 Sani tary Sewer, Sanitary Sewer Master Plan and the 3611 Outfall Line on Brompton in the amount of $7,340~00; and (b) survey work of Priority Area No. 2 Water and Pri ori ty Area No. 1 San ita ry Sewer in the amount of $5,384.00. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration was given to the invoices submitted by Langford DI Engineering Inc. for engineering services performed on various utility ~rojects. , \ Moti Qn W.e~ made,\.py, CounciJli1ember Hi gl ey, seconded by Counci lmember Bry.an <r.. . th~ C.i ty""" Courfd1 . approve for payment the i nvoi ces submi tted by Lan'gford Engi neeri ng I nc., for (a) Pri ority Area No. 2 Water in the amount of $5,907.63; (b) Sanitary Sewer Renovation Master Plan in the amount of $4,872.52; and (c) Priority Area No. 1 Sanita-ry Sewer and Cleaning of 3611 Sanitary Sewer Outfall on Brompton in the amount of $24,220.62. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Council member Cummings COUNCIL COMMENTS:Councilmember Higley acknowledged that the City received two letters praising the Police Department for their assistance. Also, she received a phone call from a resident commending the Police Department for the "House Watch Programll. Mayor Parks stated that he had received a letter from the Municipal Court Continuing Education Program commending Municipal U Court Clerk, Iola Pickul, for her contribution and participation in the Municipal Court State Organization. Mayor Parks expressed his appreciation for lola's professional achievement and her representation of the City. ,. Regular City Council Meeting, June 23, 1986 lt11 '.~.. '-'if ~i' . n Councilmember Schwartzel stated that he was in full support of the incorporation and by-laws of:'the Friends of West University Parks Fund, Inc. He yoted negatively on the issue because he did not think Council had been given adequ.ate time to review the amendments before taking actiqn to adopt the By-Laws. STAFF REPORT:' Director of Administration, Donna Sims, advised City Council that the renoyations to City Hall would soon be completed and staff was scheduled to move back on July 19th~ CITY COUNCIL MEBTING MINUTES: Minutes of the regular city council meeting on June 9, 1986~were'presentedfor consideration. . . Moti on was made by CounGilmember Bryan, seconded by Councilmember Higley, that the minutes of the regular city council meeting on June 9, 1986, be approved as sUbmitted. Voting Aye:" Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings, Schwartzel None Councilmember Cummings o ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Coul1cilmember Higley, i that the meeting adjourn. Such motion carried and the meeting adjourned'at 7:43 P.M. ~~o~ City Seer ary . , . . l .iL ., '.1" l ,OJ' r~~~_____~J_.L__. J: 111'1'.I"i~I:ld,r.i1 __., _.L ___.__~___j_...__.J...1.J..U.ili~ ':-~, ,-, '.'- 1< -,:jl'l ' l'I""H""'PlIflr.' '''''--:-IT';I:i::::~l1Ilrum:DiIInIlIlIItt: i ,. '\ fa. , , ,IUIlIICJ'IItlll~.:l:1ll1_._,' I '.I.. . 'WII..", .~.~ '" ,1 L-JTT'~- ,- 1-'::---L..IIll.l.i:ll',1 ...,....,.-- 'TI'~ -~ L~~ 1.,> . REGULAR CITY COUNCIL MEETING JULY 14; 1986 7:30 P.M. [ City Council convened 'in regular'session in ;the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, July 14, 1986, with the following members present: Mayor Parks, presiding; Councilmembers Higley, Cummings and Schwartzel. Councilmember Bryan. came in late. Also present were the City Manager, 'City Secretary, ,City 'Attorney, Director of Administration and, Director of Operations. Mayor Parks delivered the inyocation and led the Allegiance to the Flag; PUBLIC HEARING CONCERNING HOUSTON LIGHTING'& POWER COMPANY REQUEST FOR PETITION TO CHANGE RATES: Mayor Parks convened the Public Hearing called for the purpose of hearing parties in interest and"citizens in relation to that certain Statement of Intent' andPet1ition of Authority to Change Rates relating to electric utility service in the City of West Uniyersity Place, as'filed with the City on March 18, 1986. - , , " Mayor Parks invited residents who 'wished to speak concerning the proposed rate change to speak at this time. There were no 0 residents present who wished to speak. Mayor Parks recogni zed Mr. Wi nston Berni ch, Di stri ct Manager for Houston Lighting & Power Company. Mr. Bernich deferred to speak at such time as the rate ordinance was addressed on the agenda. Mayor Parks declared the Public Hearing adjourned. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the CftyManager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: City Manager, Mr. Rockenbaugh, recommended to Clty Council that consent agenda item No. 22 CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK be consi dered separately. There are some matters that have to be U worked out pri or to the payment. Mr. Rockenbaugh recommended Council approve the invoice for payment with the condition that release of the check be made only after the details of insurance and other matters still pending were resolved. Regular City Council Meeting, July 14, 1986 t3' u Councilmember Schwartzel requested agenda item- ,No. 22 be removed from the consent agenda. ' CONSENT AGENDA: Motion was made by Councilmember Higley, seconded by Councilmember Cummings, that with' the exception of agenda item No. 22, the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Cummings, Schwartiel None Councilmember Bryan ELECTRIC UTILITY SERVICE RATE ORDINANCE: Consideration was given to Ordinance Number 1263.' and Mayor Parks. read the caption as follows: AN ORDINANCE RELATING TO RATES TO BE 'CHARGED BY HOUSTON LIGHTING & POWER COMPANY FOR ELECTRIC, UTILITY SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER AND FOR SEVERABILITY; AND DECLARING AN EMERGENCY. o Copies of Ordinance Number 1263, in the form required for adoption, were available, to all members of City Council and a reasonable number of- additional 'copies available to interested citizens present. Mr ~ ' Berni ch responded to questi ons' from the Mayor and City Counci 1 concerning'applicalOle:charges',in any, from construction of the nuclear plant on the proposed rates; comparison of HL&P current 'rates to those in metropolitan areas; surges in electrical power and interrupted service;,': and' other,~que:stiions' conce:rning the factors in the ca 1 cul ati ons of customer increases referenced in Ex:hibit'A of:the ordinance enacted by the City of Houston. City Attorney, Jim Dougherty,. stated that from the information he had gathered through the' Coa li.ti on of Cities, and conversati ons with the City of Houston, he, recommended the ordinance for adoption~ ,: '.' After discussion, motion' was made by, CouncUmember Higley, seconded by Councilmember: Schwartzel, that Ordtnance Number 1263 be adopted as presented. l i . ~ " \ I Voting Aye: Voting:No: ' Absent: _ _ " ~ ~ J _;: : f . Mayor Parks, Councilmembers Higley, Cummings I, , Schwart,zel i ' None ,. Councilmember Bryan u CONSTRUCTION OF WATER PEMBERTON AND BELLE COURT SUBDIVISIONS WATER PRIO~IT:Y AREAS N . 1: n accor ance Wl previous action of Counci , consideration was given to the recommendation for award of the construction contract for water line replacement project in Water Priority Area No.1. L-~ _J"i. _--L...-I. I' 111 I...-:-r-:-. _.~.l .:::r::;:w:w;]---' I" 1'11'11'1 HlIII..' ..... l. lim'IUI.:IJurlilllCl!lilllT : ! .III1ll11!lI!BIITTrIJlJ....n :.r.... .:JlIIl!;!.ll'IH, i'l 1,1 I,. .1. L-J1TITTT'!T-'-r ~,-- -"..1', WI II, ~~ T[- - ~~,- l14 '. ",;, Regular City Council Meeting, July14, 1986 Mr. Rockenbaugh advised Council that the recommendation from the UI City's Consulting Engineer and staff concurred to award the contract for ~onstruction of the water line replacement in Pemberton and Belle Court Subdivisions to Y & H Associates at their bid price of $280,949.00. Motion was made by Councilmember Cummings, seconded by Councilmember Schwartzel, that Council accept the recommendation aspre~ented and' award the construction contract to Y & H Associates at their bid price of $280,949.00. Voting Aye: Voting No: Absent: Mayor' Parks, Councilmembers Higley, Cummings, Schwartzel None' , ' Councilmember Bryan ZONING MAP: Consideration was given to' ,the recommendation from the Zoning and 'Planning Cciinini'ssion relating to the adoption of an Official Zoning Map and the fi rstreadi ng of Ordinance Number 1264'. ' Mayor Parks' read the capti on of Ordi nance Number 1264 as follows: AN 'ORDINANCE ADOPTING AN OFFICIAL ZONING MAP FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. IJ Copies of Ordinance Number 1264, in 'the form required for adoption, were available to all members of City Council and a reasonable number of additional copies ayailable to interested citizens present. The City Attorney advised Council that the map presented before Council was recommended for adoption by the Zoning and Planning Commission. The City 'Attorney recommended the addition of a Title Block to the map, such Title Block to read as follows: IITHIS . DOCUMENT IS -SUBJECT TO ALL PROVISIONS OF THE ORDINANCES, RESOLUTIONS, REGULATIONS AND ORDERS OF THE CITY OF WEST UNIVERSITY PLACE, AND SUCH ORDINANCES, RESOLUTIONS, REGULATIONS AND ORDERS (TO THE EXTENT APPLICABLE) SHALL GOVERN AND CONTROL IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY WITH THIS DOCUMENT. MANY PROVISIONS ARE NOT ILLUSTRATED ON- THIS DOCUMENT. THIS DOCUMENT IS FURTHER SUBJECT TO THE ORDINANCE OF ADOPTION INDICATED BELOW. RECOMMENDED FOR 1 ADOPTION by the Zoning and Planning Commission of the City of West University Place by motion adopted on the day of , 19_ Secretary 'Cha irman n Regular City Council Meeting~ July 14, 1986 ,It 15 n ADOPTED BY THE CITY' COUNCIL of the City of West University Place by ordinance No. passed finally and approved on the day of , 19 City Secretary Mayor II Motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that Ordinance Number 1264 be accepted as presented on first reading and that the Title Block be added to the Official Zoning Map. Voting Aye: Mayor Parks, Councilmembers Higley, , " CU,mmi ngs, Schwa rtze 1 Voting No: None' , Absent: Councilmember Bryan j497009000BOND ISSUE. 1986: Consideration was given to the, Preliminary Officia.l Notice of Sale of the bonds authorized by the June 21, 1986, Bond Election. (I L! Mr. Tom Masterson and Mr. Henry Sauer from, Masterson & Company, City's Financial Advisors, presented the draft of the Preliminary Official Statement, the' Official Notice of' Sale and Bidding Instructions, the ordinance that will be adopted on the date the bonds are sold and also a draft of the opinion of Bond Counsel. By genera 1 consent of' Counci l, the documents were approved as submitted. WATER AUDIT CONTRACT: In accordance with previous action of City Council approYing Phase I of the proposal submitted by Pitometer Associates fioracity' water 'audit, City Council considered authorizing the City Manager to execute the contract on the City's behalf.Couricilmember Bryan came in at this point, approximately 8:19 P.M. "'i '::' Motion was made by Councilmember Cummings, seconded by Councilmember Higley, that, subject to prior approyal of the City Attorney, City Manager, Richard R. Rockenbaugh, be authorized to execute thecontraet; for a' water', audit, such contract to be between the,:City and: Pitqmeter, Associates in, the amount of $22,400.00. Voting Aye:: 'Mayor Parks,'Councilmembers. Higley, Bryan, Cummings, Schwart~el Voting No: None Absent: None n DESIGNATION OF THE CITY., OFFICER'. RESPONSIBLE' FOR, CALCULATION AND PUBUCATION OF THE. EFFECTIVE TAX -RA'TL: i In ,acco.rdance with ~ecent amendments to the Property Tax Code, consideration was given to designating the Tax Assessor Collector as the city officer ~ t=:!:. .-......II.- I. , .L . ~r--' _..r. llJl:r=:~ II:I:l:r::lIIllll:[' , ... 1_] ! .II1111ll!JlllDIJI!!!IIll._:U ...... .lIIIJjIIMmmfR.I'~' ',. I 1111' III, ,11,,1 'n~" '-r"" rlll:lI118.11I1'1 I r-T-- ;TI'- .~-.,..,. I ,I ~p ,-~,~iiegular City Council Meetjlig~ July' 1.4,1986' f";' responsible for calculation and publication of the effective tax rate.- :1~' "'.-,:'" n Motion was made by Councilmember Higley, seconded by Councilmember Cummings, that Donna L. Sims, City Tax Assessor Collector, be d-esignated' as the city officer responsible' for' calculation and publication of the effective tax rate. Voting Aye: Mayor'Parks, Councilmembers:Higley, Bryan, - Cummings, Schwartzel None None Voting No: Absent: " {', . LEGISLATIVE MATTERS: Consideratinn was gtven to engaging the services of an ~dvisor on legislative matters to monitor proposed legislation affecting 'small cities. The' 'City Manager adv.isedthat Council might consider an addition to, the' , contract: provi di ng a ni nety- (90) day cance II ati on peri od that would terminate the City,'s financial obligation. Motion was made by Councilmember Higley, seconded by Councilmember Bryan~ that 'the -,Mayor be rauthortzed' ,to enter into' an' Agreement with Jim Short; :Tinc., with' 'the "a'ddition to' the contract of a 90 day termination clause. Voting Aye: Voting No: Absent: - - Mayor Parks, Councilmembers Higle~, Bryan, Cummings, S~hwartzel None None o )'j, " REOUESTiFOR AUTHORIZATION FOR, BID',ADVERTISING: Consideration was given to-authorizing advertisement for bids for the following: I . ," a) Insurance servi ces consi sting of 1 i abil ity, property and workers' compensation coverage; and b) -' :Purchase of ,a.Circul-Air Electric Hose Dryer, model 0633- 240V;"16.'6 AMP; 3 Wire, 3 Phase, for the Fire Department.) .," .. Motion was made by Councilmember-Higley, secondedbYl Gouncilmember Cummings, that the City Manager be authorized to advertise for the items as requested. , Voting Aye: : ", Mayor ,Parks, Councilmembers Higley, :," :Cummings, Schwartzel Voting No: None Absent: Councilmember Bryan CONSTRUCTION OF-THE ANilMAtCONTROL FACILITY:, Consideration ,was given to'the'invoice~ in' the.amount'of"$15,000~OO, submitted by Secure Development ,Corpora'fion for' completion of the Animal Control Faci 1 i ty.' fl L.-J Regular City Council Meeting" July 14, 1986 if;' 1-~( n Motion was made' by Countilmember, Higley" seconded by, Councilmember Cummings, that the ,invoice in the amount of $15,000.00 submitted by Secure Deyelopment Corporation for completion of the Animal Control Facility be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks~ Council members Hi gl ey, Cummings, Schwartzel None GouncilrilemberBryan 1985 AUDIT FEE: invoice in Mitchell & audit. Consideration was given to the third and final the amount of'$3,'OOO.()O submitted by Peat, Marwick, Co., for services ,in connection with the 1985 annual Motion was made by Councilmember Higley, seconded by Councilmember Cummings, that the invoice in thei amount of $3,000.00 submitted by Peat, Marwick,Mitchell & CO."be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Cummi n 9 s" $c hwa r-tz e 1 None Councilmember Bryan PURCHASE OF GARBAGE BAGS: Cbnsiderationwas given to the invoice in the amount 'of $TIh471.~].subiriifted- by Houston i GahJ,eston Area Co~~cil for deliverY','of~plasti.c 'sol,id ~waste refuse bag:s. - I .j . ~ -. t ; .... Motion was made by Councilmember:Higley, seconded lby ,Councilmember Cumm;.ngs,' that the invo'ice ~in ~the' amount of :$16,477 .27 submitted by Houston Galveston Area :'Council be approved for 'payment. (\ j I '-- Voting Aye: Voting No: 'Absent: Mayor Parks, Council members Hig~ ey, Cummings, Schwartzel None Coiunci lmembe-r ''Bryan RACQUETBALL COURT NO. II CONTRACT FOR RENOVATIONS: Cons'i dera~t,i on was gi ven to the i nvoi ce in the amount oT$5 ,800.00 submitted by Bauer Flooring Company for completion :of the renovations to Racquetball Court No. 11. i Moti on was made by Councilmember ,Hjlg] ey, seconded by Councilmember Cummings, that the invoice in the amount of $5,800.00 submitted by Bauer .Fl oori ngCompa~n.YbeapPr.o:ved fO'r p,ayment. :-' . ',:, u Vo'ting (Aye: Voting No: , Absent: Mayor ,Par-ks,Councilmembers Higley, -Cummilngs, Schwantze 1 None ,C'dune; lmember 'Bryan LEGAL SERVICES: Consideration was gi;ven ;,to the invoice in ,the amount of $4,518.64 submitted for legal services provided on the city's behalf for the month of June, 1986. I, I .1" I r-""'" I I t,iVI... 1"1' I'n ~'!11111Ir . . . ... r ....,11111' H1,.I1i1ID1I" ; _.L:r ! .IID11lE1IIDL!!!!Illl._.lJ.. IltllU"llfl!lll'" ~ III.~ 11," .111 L...JJ~'~r---1 1IIInl,mll.!>!;1 I. ~'~IT~~I l.," a~""~'_ e.!. 1~ R'egular City Council Meeting~ JulY.14~ 1~86 ' Motion 'was made by CouncHmemberHi,gley, seconded,by Councilmember 0 Cummings, that the"tnvoice.' in;the'amount of:$4,518.64 submitted for 1 ega'l servi ces for the, j month of June, 1986, be approved for payment. Vot~:r:lgAye: ',:MaY0r ParkS'; 'Councilmembers Higley, i Cummi n~,s,.. .$'ehwartze 1 Voting No: None' , Absent: ' Councilmember:, Bryan REROOFING OPERATIONS GARAGE AND'WATER ,PLANTiOFFICE: Consideration was given to the reqlire'st 'for"payment ,in ,the amount, of '$8,534.50 to Marton Roofing, Inc." for completion of, the reroofing of the Operations Garage and the Water Plant Office. Motion, was made byCquncUmember H:i gley, seconded by Cmmci lmember Cummings ~ that the i,nyoice in the amOl:,!nt of $8,534.50 submitted by Marton Roofing , Inc.,. 'be approved for :payment~ 'Voti'ng Aye: Voting No: Absent: . . Mayo}' Parks~CouricilmembersHi gl ey, CiJmmti1gs "Schwa rtze 1 ' None ' ',' ., ,,' Counci lmember" Bryan ENGINEERING SERVICES FOR VARIOUS. UTILITY' RELATED PROJECTS~, Consideration was given to' the invoices submitted by Langford 0 Engineering, Inc., for (a) Priority ,Area No. 1 Water in the amount of $799.10; (b) Cleaning of the 3611 Sanitary Sewer Outfall line on Brompton in the amountlof $/1,758.18; ::(c) Sanitary. Sewer Renovation Master' Plan in the amou'nt ':6f'$7 ,895.00; (d) Priority Area No. 1 Sanitary Sewer in the ,amount ,of $4,814.65; and (e)"Priority Area No. 2 Water in the amount of $3,968.61; for a total amount due of $19,2351.'54.1 . 'j I,. L}' " . j/; I Motion was made by Councilmember 'Higley, seconded by Councilmember Cummings, that the, invoi c.es' submitted by Langford Engi neeri ng, Inc., for engineering services totaling $19,235.54 be approved for payment. , . ' , , , ' , ", \ ~ ' :' , " .. , Voting Aye: Voting No: Absent: MaYQr' Parks, Counc i 1 members Hi g ley, Cummings, Schwartzel None Counci:lmember' Bryan SURVEY SERVICES-FOR VARIOUS UTILITY RELATED PROJECTS: Consideration was given to the invoices submitted by Topco Co., Inc., for survey work'in:(a) Priority"Aiea .:'No;.2W~ter and (b) Priority Area No.1 Sanitary Sewer for the total ,amount'of $7,496.00. Motion was made by CouncilmemberHrlgley, seconded by Councilmember . n Cummings, that the invoices in the amount of $7,496.00 submitted by Topco Co.;, Inc., be approved for 'payment. Regular City Council Meeting, July' 14, 1986 19 r.t "0 {: 1 n Motion was made by Councilmember Higley, seconded by Councilmember Cummings, that the i'nvoice in the ,amount of $4,518.64 submitted for legal seryi ces for the month of June, 1986, be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Council~embers Higley, Cummings,S-chwartzel None Councilmember Bryan REROOFING OPERATIONS GARAGE AND WATER PLANT OFFICE: Consideration was given to the request for payment in the amount of $8,534.50 to Marton Roofing, Inc., for completion of the reroofing of the Operations Garage and the Water Plant Office. Motion was made by Counci lmember' Higley, seconded by Counci lmember Cummings, that the invoicei n the ,amount of $8',534.50 submitted by Marton Roofing, Inc., be approved for payment. Voting Aye: Voting No: Absent: "'I " Mayor Parks, Councilmembers Higley, Cummings;: Schwartiel None " " ' ",; Councilmember Bryan ENGINEERING SERVICES FOR VARIOUS: UTILITY RELATED PROJECTS:, Consideration was given to,the Jnvoices submitted by Langford Engineering, Inc., for':(a) Priority Area No. 1 Water in"the amount of $799.10; (b) Cleaning'ofthe 3611 Sanitary Sewer Outfall line on Brompton in the amount of $1,758~18;:(c) Sanitary..sewer Renoyation Master Plan in the amount of $7,895.00; (d) Priority Area No. 1 Sanitary Sewer in the' 'amount of'$4,814.65; and (e) Priority Area No. 2 Water in the amount of $3;968.61; for a total amount due of $19,235.54. ' ." ~ I ' J I ~' Motion was' made by CouncilmemberHigley, seconded by Councilmember Cummi ngs, that the invoi ces submitted by, Langford' Engi neeri ng, Inc., for engineering services totaling $19,235.54 be approved for payment. ". ' ) , Voting Aye: Voting No: Absent: " , . 'Mayor Parks"Counci lmembers H;-g'l eY;f'; I Cummi ngs," Schwa'rtzel' -, None €'o,unci lrilember :Bryan .,1: , ';! SURVEY SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration was given to the invoices submitted by Topco Co., Inc., for survey work'in (a) Priority Area"No. 2, Water and (b) Priority Area No. 1 Sanitary Sewer for the total amount of $7,496.00. Motion was made by Councilmember Higley, seconded by Councilmember Cummi ngs, that the i nvoi ces in the amount of $7,496.00 submi tted by Topco Co., Inc., be approved for payment. u I:_ .Ii. _~ III illlll) ., ._l.JJ.l.llli1~ 'I 111 . I. llllll! r:lUlr, ..~, .. .". n:"'I11!liii'lillIlJIIiUtl' I Lr .1 ~r : .IlI1!IlI!!IllBl.!:!!Il11 .LT. _..: .lllllH."I'-llt111.1 , ~ I,ll I.' .,111 11'l'T"TIT--r <-'---I'I,lilllt.1111 f ..,.------------rr::~~~ ~ ~', ..'~ Regular City Council Meeting, Ju:ly J.4', 1986 . / : I' I - I ~ ; [J Voting Aye: Voting No: 'Absent: Mayor Parks, iCounci lmembers Cummingsi Schwartzel None Councilmember Bryan , , Higley,'" ~ " . 1983 BOND PAYMENT: Consideration was given to the invoice in the , amount of $131,007.50 submitted by, First City National Bank of Houston for the semi annual interest' and paying agent fee for the 1983 bond payment. r;r\ ":. ~~, : Tf ~,!j - "~ .J: Motion was mad~ by Oouncilmember Higley, seconded by Councilmember Cl:Jmmings, that the'i,invoice:in theamount"of '$131.,007.50 be approved for payment to First City National Bank of Houston. Voting Aye: Voting No: Absent: 'Mayor Parks., Councilmembers 'Cummi ngs ,Schwa rtze 1 None'",.", Councilmember Bryan Higley, ,i' CITY HALL ASBESTOSREMOVALAND"MISCELLANEOUS WORK: Consideration was given to the invoice in the amount of $50,70L90 submitted by Davi d Evans Contractj'ng,r,nc.', for':,the renovat-i ons of Ci ty Hall. .....< _: Mr. ,ROc'kenbaugh advised ,Councill 'that the City was holding $38,000.00 from the ,a:sbestos ,remoyal portion of tbe'tontract and 0 $13,000.00 retainage,; frOm the' genera'l contractor." The, i'nYoice for $50,701. 90 submi tted. for'. approva liS for' work comp 1 eted-,..to date by , Davi~Evans Contracting Inc~ ' , The City Attorney recommended approval to pay' the " $50,701.90 subjett' . to the lnsurance questions ,being resolved and reimbursement to the city for attorney's fees. " Counci'lmember Schwartzel recommended deferring approval until all matters were resolved. I_ r . Motion was made by Counci lmember Bryan, seconded by Counci lmember Schwartzel, that approval to pay David Evans Contracting, Inc., be deferred'untiT such"time as the' issues involyed 'are resolved and approyed by the City Attorney.' Councilmember Higley' commented.. that since the City Attorney recommended condi t i ona 1 approya l, she di d not wi sh to defer the question. ' " r ' Cound lmember stated" he ' ,would follow' the City Attorney's recommendation. u Regular City Council Meeting, Ju~y 14, 1986, 'a1t, r '--,~ Mayor Parks, p,ut .the question to defer approval, for :p'ayment to David Evans Contracting, Inc. Voting Aye: Voting No: Absent: , , Councilmembers Bryan, Schwartzel Mayor Parks, Councilmembers Hig'ley, Cummings None' '. Motion was then made by Councilmember Cummings, seconded by Councilmember Higley, that City Council approve payment of the i nvoi ce in the amount of $50,701. 90 to David Evans Contracti ng, Inc., subject to approval of the 'City Attorney and the City Manager prior to release of the payment so that the City has no liability. , " " Councilmember Schwartzel requested the motion be amended to include the contractor's statement of contingency for legal fees. Councilmember Higley accepted the amendment to the motion. Mayor Parks stated that the motion on the floor' f,o.t,:, Counci l' s consideration was to approve payment of the invoice in the amount of $50,701.90 to David Evans Contracting, Inc., subject to approval of the City Attorney and the City Manager that all insurance and other matters were resolved and the contractor's statement of contingency for reimbursement of legal fees to the city. n "---.." Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan~ ' Cummings Councilmember Schwartzel None COUNCIL COMMENTS: the auditors 1985 audit. auditors. Councilmember Bryan suggested City Council invite to a workshop session to discuss their report and the City Council agreed to schedule an interview with the STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for Council's consideration at this time. CITY COUNCIL MEETING,MINUTES: Minutes of the regular city council meeting on June 23, 1986, were presented for consideration. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the minutes of the regular city council meeting on June 23, 1986, be approved as submitted. n Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Cummings', Schwartzel None None . .1:1 ! :JIII!Ill!:ll!I!IL!r!rmr.,...r:;~ .. _: .~1I1t1111 "II ". r II I r'TTI'TT'fT-' r -. ---L:.I J m PI.II II ~81) ~./, ',e :; .oJ Regular City Council Meeting;, July 1'4, 1986 $4,700,000 BOND ISSUE, 1986: <Mr. Masterson addressed 0 Council again concerning the Bond-'lIs'sue, 'and info.tmallydiscussed the City's presentation to ~he b~nd rating agencies. ~ , . I ' ". ..,l : i'Li ADJOURNMENT;: I, With no further' bu;s:iness to come before Counci 1 at this time and upon motion duly made':'and s~conded, the meeting was declared adjourned. 1 .; ~ [. I ~~ ~" udrey ~' hol's' , Ci ty See ta ry' , " I . ,. 1 , J, o . - , " I ~ \ , I '~ : " , ': I"," ....:' 'J: j J ,: ': n S~3 n SPECIAL CITY COUNCIL MEETING JULY 24, 1986 7:00 P.M. Ci ty Council convened in speci a 1 sess i on in the Ci ty Hall Conference Room, 3800 Univerpity Boulevard, in the City of West Uniyersity Place, on Monday~ J.u}7 ~4,"" ~9?6!; wi>.h the,.. !ollowing members present: Mayor Parks, presl~Jng\ CWncl'lmembers 'fhgley, Bryan, and Schwartzel. Councilmem~"Cummft~ *as,,)rb~M\....;\..;A'iso present were the City Manager, City Secretary, Cfty Attorney, and the Director of Administration. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wi shed to bri ng to the attenti on of the Ci ty Council~' which had not previously been submitted to the City Manager. There were none present who wished to speak. o RESCHEDULE REGULAR COUNCIL MEETING: Consideration was given to .. rescheduling the council meeting regularly held on th~ 'fourth Monday of each month. Mr. Rockenbaugh advised Council that the bond bid documents and the ordinance authorizing the sale of the 1986 Bond Issue would require Council's action on July 31, 1986. Motion was made by Council member Bryan, seconded by Councilmember Higley, that the next regular council meeting be scheduled to convene at 7:00 P.M., Thursday, July 31, 1986, in Council Chamber. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings CLOSED EXECUTIVE SESSION: Mayor Parks announced that City Council would go into a closed executiye session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252- 17, Section 2(g) Discussion of P~rsonnel Matters: resignation questi ons (Pol ice Offi cer) . The City Secretary and Di rector of Administration left the Conference Room. n I i Lj[ At the conclusion of the executive session, Mayor Parks reconvened the special council meeting in open session. ADJOURNMENT: With no further business to consider in the special session and upon motion duly made,. seconded and carried, the meeting adjourned. IT [1.1 i IlIJI)niinilil I, [iillllrr-:l,,'[ '"t,.:;:!. ":i i:!':I'WUHlllf' . .. .... ':."'-lIIliiiillRlTiilfliIllI' j 1'1'.., ...1::1, 24 -"l1,ti \."~ 1 .I1lr.Ilt:lJ:J:lI.~rmll' ....T .: ..11....." , "'~ L..-f' _.~~ r_ f -=--.:L..Illfh II I ....------------.Tr- ---------,- - Special Council Meeting, July 24, 1986 ~ ~. ~ ,,' LL udrey N" ols City Seer tary 2 o ~ Mayor o u \l II REGULAR CITY COUNCIL MEETING JULY 31, 1986 7:00 P.M. t" (..~ , ," '."" 25 " r ~..., . : }J City Council .6'nvene! _ in regul;iJ'f1."'session in the City Hall Council Chamber, 3800 Uniyersity Boulevard, in the City of West University Place, on Thursday, July 31, 1986, with the following members present: Mayor Parks, presiding; Councilmembers Bryan' and Schwartzel. Councilmembers Higley and Cummings were absent. Also present were the City Manager, City Secretary,' City Attorney, Director of Administration, Director of Operations, and the Fire Chief. Councilmember Schwartzel delivered the invocatiori- and led the Allegiance to the Flag. Mayor Parks advised that at this time, Council would consider Agenda Item No. 6 ~4~700.000 BOND ISSUE. 1986 and requested the Financial Advisors, Masterson and Company, to conduct the bid opening for the sale of th~ bonds. Mr. Masterson opened the bids and read the results as follows: Bidder o Lovett Mitchell Webb & Garrison Gross Interest Cost Less: Premium Net Interest Cost ',Effective Interest Rate) Bear Stearns & Co. Gross Interest Cost Less: Premium Net Interest Cost Effectiye Interest Rate 'I . \1' Masterson & Company Gro:ss ~InterestCosti Less: Premium '.. Net;::lnterest Cost , Effective Interest Rate Two First TX Gross Interest Co~t , ; -Less:: 'P.remi um Net Interest Cost Effective Interest Rate 'I " n Rauscher Pierce Refsnes, Inc. Gross Interest Cost Less: Premium Net Interest Cost Effective Interest Rate '{ ~ . ,. j , .n ,., r-r--:. ,__ ~.~ ..." ..~"r J ~. $3,924,995.00 0.00 $3,924,995.00 7.678003% $3,943,870.62 0.00 $3,943,870.62 ". "',' 7 . 714927% '$3,975,656.25 0.00 .$3,975,656.25 7.77710% -r, $-3,979,372.50 " 0.00 $3,979,372.50 7.784375% $4,048,195.00 1,Q64.40 $4,047,130.60 7.9169% :~. ~.. "1!.t.. '-11Im.~ "11II:J:r::IIIIIIIl . ;I~.l ! .I11l!lICI];[JU:m1ll ...r.::. . :.1111I1_1 '1\ II I L....:rrJ:!:l::!I..:-.-r --; -=-..-__ \' III1 r~- ..J...I ~ , Regular City CQuncil Meeting, July 31, 1986 JEMFRA & CO Gross Interest Cost Less: Premium Net Interest Cost Effective Interest Rate $4,079,530.00 $445.20 $4,079,084.80 7.9794% u Mr. Masterson requested Council's decision be deferred until later in the council meeting to allow time to evaluate the bids. Mayor Parks accepted Mr. Masterson's request. Mr. Masterson and Mr. Sauer left council chamber at this time. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. A senior citizen requested Council consider the rules relating to the time allowed to seniors at the swimming pool. She explained that the rules at the pool do not allow the seniors to get into the pool until a certain time. The seniors don't feel they are given the proper amount of time and would like an earlier time next year. There are some things the seniors would like to point out for consideration next year when the rules are set out. She suggested seniors be invited to help on revising these rules. Mayor Parks assured her that the matter would be referred to the 0 )11 City Manager and suggested she get in touch with the Parks Board. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Schwartzel None Councilmembers Higley, Cummings ZONING MAP: Mayor Parks presented Ordinance Number 1264 for the second reading. AN ORDINANCE ADOPTING AN OFFICIAL ZONING MAP FOR THE CITY OF WEST U UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Regular City Council Meeting, July 31, 1986 r:w t:.~gl~~ n '--- ' Motion was made by Councilmember, Schwartzel, seconded by Councilmember Bryan, that Ordinance Number 1264 be adopted as presented at the second and final reading. ' Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Schwartzel ' None Councilmembers Higley, Cummings' PERSONNEL MATTERS: Consideration was given to staff position on personnel matters. ' Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the personnel decision of the City Manager reviewed by the City Council on Monday, July 28, 1986, be affirmed. Voting Aye: Voting No: 'Absent: Mayor Parks, Councilmembers Bryan, Schwartzel None i i Counc iTmembe;rsHigl ey, Cummi ngs " PUBLIC AUCTION: Consideration was given to authorizing the auction of bicycles and various other city owned items in a public auction sche~uled for August 16, 1986~ 10~DQ A~M~. lJ " ;( , , , Motion was made by CouncilmemberBryan, seconded by Councilmember Schwartzel, that City Council authorize the auction of bicycles and other city owned items as scheduled. Voting Aye: Voting No: Absent:' : Mayor Parks, Counci lmembers Bryan, ;$chwartz,eL '," , None Gouncilmembers Higley, Cummings ' PURCHASE OF RESPIRATORY BREATHING AIR COMPRESSOR FOR THE FIRE DEPARTMENT: In accordance with previous action of City Council, recetved, lunti 1 :10: OOA. M., July .18, 1986, for the purchase of a respi ratory breathi ng a i 1" compressor were as follows: Bidder Stark Manufacturing bids Amount Casco Indu'str,ies, Inc. , r $6,190.00 $6,895.00: ' $7,090.00 Power'Igni'tion: Co. Inc. Casco Industries, 'Inc. , .-: $7,500.00 $7,575.00 n Ll Tackaberry Co. P-M~E Equipment Inc. II .". I :'U'I'I_;'11,,';r~ ':";', If . :':" "!,; \, . i' $7,708.00 : ,,!-- , ' " '''~H ~ ,'" 1"";.'1I",r:!.iUllr' .. ..... ',"'''1111 ""t;Tn:rl':ll'l.Iltl' I.',".' .:ll : .1l1l!lJl!lIl!I1I!!::mll!....!:::... :.lIIIIOH . II <It I I . ,I I ~ I JT'1l'1'TlIT-'-T ~-- .~IJIIIU!I~III [ ......----.,r~ ~~-------,- ,'", ? 8 !(j ':i , Regular City Council Meeting, July'31, 1986" Fi re Protecti on Servi ce Co ~' 'I '$7,900.00 $9,695.00 Halprin Supply Co. City Manager, Mr. Rockenbaugh;advised Council that it was the. recommendation of city staff to award the contract to the low bidder, Stark Manufacturing, at their'bid price of $6,190.00. " Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that Ci ty Counci 1 accept "staff's recommendation and award the contract to purchase the respiratory breathing air compressor to the low bidder, Stark'Manufacturing, at the bid price of $6,190.00. :".,,,: "Voting Aye: Mayor Parks,Councilmembers Bryan, Schwartzel Voting No: None Absent: ''> CounCi 1 members H-;:gl ey ,Cummings ", PURCHASE OF PICKUP TRUCK FOR WATER DIVISION: Consideration was given to the invoice in the amount of. $8,938.36 submitted by Jack Roach Ford for delivery of a 1986 1/2 ton pickup truck to the Water Division. ' '" , ' J ' u Motion was made by Councilmember Bryan, 'seconded by Councilmember Schwartzel, that the ,inyoice in the amount of $8,938.36 submitted 0 b;y Jack'Roach Ford be appr~veld for ~ayment. ' ') Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Schwartzel None Councilmembers' 'Higley, Cummings PURCHASE OF TWO REFUSE TRUCKS: 'Consideration was given to the request for payment procedure relating to the purchase of two refuse trucks. I. '. Mr. Rockenbaugh advised Council that Environmental Sales and Service requested three separate checks be issued to coyer the payment for the trucks. The purpose of writing three checks is to assure the City that all yendors involved are paid their demanded amounts. I.f approved, Check #1 would be a two party check to Environmental Sales and Seryice and World Wide Trucks in the amount of $133,068.00; Check #2 would be a two party check to Environmental Sales and Service and Maxon lrid4 in the amount of $39,026.00; and Check #3 would be a one party check to Environmental Sales and Service in the amount of $13,836.00. The total of the three checks would would be the same amount as the original bid award of $185,930.00 as previously awarded by City Council. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel,that Council approve payment for the two refuse trucks as presented for the total amount of $185,930.00. n Regular City Counci 1 Meetfng, July 31, 1986 . 829 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Schwartzel None Counci 1 members Hi gl ey,Cummings ARCHITECTURAL SERVICES IN CONNECTION WITH CITY HALL RENOVATIONS: Consideration was given to the invoice in the.amountof $2,159.09 submitted by John F. Houchins for architectural services in connection with City Hall renovations. ' Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that, the invoice in the amount of $2,159.09 submitted by John Houchins for architectural services be approved for payment. . Voting Aye: Voting No: Absent: Ma'yor~ Parks, Cormci lmembers Bryan" Schwartzel None Councilmembers Higley, Cummings VIDEO PRODUCTION SERVICE: Consideration was given to the invoice in the amount of $8,000.00 submitted by Pearlman Productions; Inc., for services in connection with the devel~pment and production of a promotional video tape. ! ' , ,. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the ,inyoice in the amount of $8,000.00 submitted by Pearlman Producti,ons" Inc.:,: be:approvedfor' payment. u Voting Aye: Voting No: Absent: Mayor Parks,' Councllmembers Bryan, Schwartze 1 J . - . , None Councilmembers Higley, Cummings . 'i ':,J COUNClLCOMMENTS: CouncilmemberBryanasked for information concerning :the cableliV) audi,t'.;) Councilmember Schwartz,elsuggested staff investigate the cable company's computation of revenues. It was also suggested staff request annual reports for the previous three years .'. ' ,.; Councilmember Bryan asked for the status of the project to allow a dollar off on seniors water bills. Councilmember Bryan was advised that staff wasw,ork:Fng; on,~preparing; guidelines for the project. ' , Mayor Parks suggested ,the nominees, for the Metro Board of Directors representing cities other than Houston be invited to council meeting on August 11,: 1986. ' n ; ~ - ~ i', j4,700,000 BOND ISSUE, 1986: City Financial Advisors, Tom , Mas,terson ;and Henry 'Sauer ;:returned to counc i 1 chamber and reported ,the tabula.tion of thebidsrece,ived to sell the $4,700;000bond'issOe wascompliete.,: The bi'ds::were'accurate as represented. Mr. Masterson recommended awarding the sale of the II ~ '. 'lW!l"l'n"I:~~___i_J_~,___.llJJ.J.Lu~ ;.1' , ''''1 :;"r:'I'Ii-illfli',j.OIII r::L':::' ",-u""",::':"iIJm;jllLliIITillilIl!, i ._. ~1. .1 I ,JlIIWUlJ!IH !.!lllll ....L. _....,_ ..n ,JIIII>I ; ;11' I I . I I' 'I LJ..JI!.II I ' ---Lld'IItf,!lll I; II '. . m:,Q ~.;~J Regular City Council Meeting, July 31,' 1986 bonds to:LovettMitchell Webb,& Garrison at,the effective interest rate of 7.678003%. I .1 I Motion was made by CouncilmemberBryan, seconded. by Councilmember Schwartzel, that City Council award the sale of the $4,700,000 bondi ssue, to ,1.ovett,tMitchelL Webb" and Garrison ,at. the effective interest'rate of 7.678003. " \ 1 . Mayor' I?a,r.:ks": 'Cou.nc i ~ members Bryan, Schwartzel None .. Councjlmembers. Higley, Cummings , . ,.' 1: " , Michael Cafiso, representing Fullbright & Jaworski, City's Bond Counsel, presented an Ordinance relating to authorizing the issuance ofllG:ITY OF WEST UNIVERSITY, PLACE PUBLIC IMPROVEMENT BONDS, SERIES 198611. After discussion, Mayor Parks read the caption of the ordinance as follows: Voting ,Aye: , ' Voting No: Absent: ORDINANCE NUMBER 1265 " , , , AN),ORDINANCE AUTHORlnNG~ THE ISSUANCE' OF IICITY OF WEST UNIVERSITY PLACE PUBLIC-iMPROVEMENT BONDS, SERIES 1986"; SPECIFYING THE TERMS AND CONDITIONS. OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL ,: AD, VALOREM" TAX FOR THE, PAYMENT OF SAID BONDS; ; ! I ,ENAC"HNG' OTHER MATTERS INCIDENT ,AND RELATED TO THE ISSUANCE, SA,LE, PAYMENT, AND. DELIVERY, OF. ,SAID BONDS, INCLUDING'THE EXECUTION AND DELIVERY OF A : PA'JNG::AGENTl~EGISTRA.R~AGRr;-t:MENT AND, THE AP,PROVAL AND DISrRIBUJkO~ OF AN OFFICIAL STATEMENT RELATING THERETO; AND DECLARING'AN EMERGENCY. "I :: Ii,'.! _1,'; Copies of Orrlinance Number 1265, in the form required for adoption, wer.e available to' all members of City ,Council and a reasonable' number of additiona'hcoptesavai lable ,to interested 'citizens present. . Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that Ordinance Number 1265 be adopted as pre'sented. ' ' '! ,Voting' .Aye: , .. ,l", I'. l\ , Mayor Parlqs,' Counci lmembers Bryan, , Schwartzel None Councilmembers,Higley, Cummings Voting No: Absent: . -. ~- . , STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for Council's consideration at this time. CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on ,July14,1986,a,ndminute,s ,of the,spe<;ial ,city council meeting on ,Jul,y24, 1986, were presented for ,consJderation. : ,I n u n Regular City Council Meeting, July 31, 1986 *:111 m Councilmember Bryan offered the following corregtions to the minutes of the regular city council meeting on J1uly 14, 1986: (a) under LEGISLATIVE MATTERS: the vote be recordeq to show Councilmembers Cummings and Schwartzel voting 1I~01l, and (b) under CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUSWO~K add Cummings after the word Councilmember to the paragraph r~ading IICounci lmember stated he woul d foll ow the City JlIttorney's recommendation. II I Accepting the corrections to the minutes as offered, motion was made by Councilmember Schwartzel, seconded by Cguncilmember Bryan, that the minutes of the regular city council me~ting on July 14, 1986, be approved as corrected and the minutes 9f the special city council meeting on July 28, 1986, be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Schwartzel None Councilmembers Higley,: Cummings, ADJOURNMENT: With no further business to come before Council at this time" motion was made by Councilmember ScHwartzel, seconded by Councilmember Bryan, that the meeting adjour I. Such motion carried and the meeting adjourned at 8:00 P.M. n u .~ L_L_~_ .~..t; "', .. ,. ;". .,.-I."".\"'...;_'....lr: . .-..--.._.::r::~."IIJl1iLE.jHEITIJIlilll:r : 1:;:]; n .....-... "J2~,,:, ,~" ,,,fF{~, ~ ~ ~ ".-';. , , 'l LJ "'-"! ~J l-j n fl L,-, u L~_'..:c.~-~::::':':..:.l'~_:~_2 REGULAR :CITY COUNCIL MEETING AUGUST 11, 1986 7:00 P.M. City Council, convened in regular, session in the City Hall Council Chamber, 3800 University BouJeyard, in the City of We,st Uniyersity Place, on Monday, August 11, '1986,w,ith the following member$ present: Councilmembers Bryan, Cummings and Schwartzel. Mayor Parks and Councilmember Higley were absent. Also present were the City Manager, City Secretary, City Attorney, Dire,ctor of Administratio,n, Director of Operations, Chief of Police" and Police.oepartment Capta'in. Motion was made by CouncilmemberSchwartze l, seconded byCounci lmember Cummings, that Councilmember Bryan preside. over the council meeting. Voting Aye: Voting No: Absent: .. Councilmembers Bryan, Cummings, Schwartzel None " Mayor Parks, Councilmember Higley delivered the invocation and led the Allegiance to Councilmember Bryan the Flag. .. . , HEARING OF RESIDENTS: Councilmember Bryan invited residents to speak who had matters they wished to bring to the (ittention of the City Council which had "not previously been submitted ,to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Councilmember Bryan invited resi dents who wi shed to address a specific agenda item'to speak at this time. , , ; There were none present who ,wished to. speak 'concerning - an agenda item .' . - -' ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested remoYing ani tem from the consent: agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by CouncilmemberCummings, that th~ consent agenda be approved in accordance .with staJf rec;pmmendation. Voting Aye:, Voting No: Absent: Councilmembers Bryan, ,. "'Cluilfnings,:,SGhwartzel " None Mayo:Y':!'R~;Y'ks;' Councilmember. Higley METRO BOARD NOMINEES: Councilmember Bryan announced that since there was not a full council present, it was decided to remoye this item from the agenda. The nominees previously ackno,w:ledgedby the _ __ _____ Li I 1 LEi' ~LILllliLili11lEiW1.j, .:.1 ..._n. ....:r-i::..]lIImiUDillliIIIinll' I : lliLlJul.:_.L.:.:JL--.:_ ::!JU~i:lLL~:_l.:"_;;l'I:;'i,I1:L'-HlIlJj! ;.., ~ 11,'" .._!LI ~ .I11lllIDl!l!lU:mlll ..:1:1:. :_ _.: . ".Illl1"lllU ~"l'1l'l ~!"" ". I" III . 'I . -~-''1'T11IT - . ,.! It 1'111' y-r-' ...-r ------------.,- /48 . Regular City Council Meeting, Augus~ 11, 1986 Metro Appoi ntment Board 'of Cities except Houston were not in attendance.. n APPOINTMENT OF CHAIRMAN OF THE PARKS BOARD:, Councilmember Bryan presented and read Resolutlon Number 86-06 as follows: WHEREAS, it is the'obli'gation of the City Council, pursuant to provisions 'of the' City Charter and ordinances ~~retoforeadopted, ~o. appoint 'members to various Boards; and' .,."" WHEREAS, the Mayor and members of the City Council by 'Resolution Number 85-10, atlopted on Jbly 8, 1985, appointed qualified citizens to serve' on- the' Parks and Recreation Board of' the' City of We.st' University Place, Texas, and' appointed Michael Cemo to serve as Chairman of this particular board; and WHEREAS, by his letter dated 'July 23, 1986, Michael Cemo tendered his r~sf~nation'a~ Chairman of the Parks and Recreation Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH~ CITY OF WEST UNIVERSITY P~ACE, TEXAS: Section 1. That the Mayor and City Council recognizes the contribution of time' and work 'Michael Cemo has given to the Parks Board and regretfully accepts his resignation. Section 2. That Russ SC,hulze hereby be appointed to serve as Chairman of the Parks and Recreation Board, such appointment to be effective imriiediately upon the adoption of th~s Resolution~ ' ' ' , o Section 3. That Russ Schulze shall serve as Chairman of the Parks and Recreatlon Board unti 1 the next regul ar city election of the City Council and thereafter until the appointment and qualification,of his successor. PASSED AND APPROVED "this 11th' day of August; 1986. Councilmembers Voting'Aye: Counc i 1 members Voti hg No: ' Councilmembers Absent: "Counc'flmember , ; Councflmember Audrey Ni cho 1 s, - City Secretary u Attest: Regular City Council Meeting, August 11, 1986 3~..',"",.'" : ~-~- l' n (SEAL) , Approved as to Form: James L. Dougherty, Jr., City Attorney Motion was made by Councilmember Cummings, seconded by Councilmember Schwartzel, that City Council adopt Resolution Number 86-06 as read. Voting Aye: Voting No: Absent: Counci lmembers Bryan, Cummings, Schwartzel None Mayor Parks, Councilmember Higley [1 , , CAPTAIN JAMES O.BRYANT: Council member 'Bryan offered Council's and the City's congratulations to Captain James O. Bryant to commemorate his anniversaryof'35 years with the City of West University Place Police'Departmentdevoting timeandloy,e and care to our community. We are pleased tonight to be able to .honor him and present to him a cake decorated with his name and 35 candles. , , "I"" , Motion was made by CouncHmember'Cummings, seconded by Cou,nci lmember Schwartze l, that the' C,ounci 1 meeti ng recess. Voting Aye: Voti,ng No: Absent: Councilmembers Bryan, Cummings, Schwartz'el None Mayor Parks,. Councilmember Higley After sharing cake and congratulations with Captain Bryant, Counci,lmember Bryan reconvened the council meeting. PURCHASE OF ,FIRE; HOSE: In accordance with previous 'action! of City Council, consideration was given to awarding the contract for the purchase' o,f fi re hose for the Fi re Department. Bi dsrecei:ved ,on August,. 6',' 198.6,~ -for: the ,purchase of 1000 feet of 1 3/411 fi re hose and 1200cfeet: of 411 fi re hose were as fo II ows: Bidder 1000 ft. of 1 3/411 1200 ft. of 411 ,Casco 'Industries .. . '$11,360'.00' :'} " 'I) ': $6,B6LJ..00: '. ....,!.l. , , Koetter Eire ,Pirote'ctton - ", $:1,37'5.0,0 Service , ", $7,,1,28.00: n Halprin Supply $1,400.00 $5,160.00 $} ,608.00 Cl aude Wri ght & Assoc. ",', ",,$1 ;,570~:OO ,.,',' 'i. ) Fire Equipment L. I L__._ """",""',~""l"~;::-::j.__, 'J._.l..Ii..L.t..u.i.l,""'F< "..,..",.-,..;".111:. .. --, -... :r::i.:~"111l~;,:rmr.r:mllll:r ; 1...1:"." ._.r.l I .IlD!llEIlI!lI !:mIlJ ....I.......r. . .: 'tJll.MfHI.IIIH",,:, 1..1, ..1 I f""'T!ITllIT-'-i r-ru '1.:.JllllI'IIII' ~~-'Ir~~~ 3~E, Regular City Council Meeting, August 11~ 1986 Southwestern Rubber & Gasket $1,600.00 $9,576.00, $8,322.00 $2,875.00 Houston Fire & Safety Equipment City Manager, Mr. Rockenbaugh, explained that it was staff's recommendation that the contract for the purchase of the 1 3/411 fire hose be awarded to the low bidder, Casco Industries, at their bid p~iee of $1,360.00; the eontract for the purchase of the 411 fire hose be awarded to the low bidder'me~ting specifications,' Casco Industries. However, since the amount bid exceeds the budget, that council authorize the ~urchase of 1000 feet of the 411 fire hose at this time and consider purchasing the remaining 200 feet as a part of the 1987 budget. Motion was made by Councilmember Schwartzel, seconded by Councilmember Cummings, that Council accept staff1s recommendation and award the contract' for purchase of 1000 feet or 1, 3/411 fire hose to the low bidder:, Casco Industries~ at their bid price of $1~360.00 and the'purchas~ of 1000: feet of 411 fire hose from Casco Industries at their bid of $5;720.00, the remaining 200 ,feet of 411 hose to be considered for, purchase in,1987. Voting Aye: 'Voting No: Absent: Councilmembers Bryan, Cummings, Schwartzel None Mayor Parks, Councilmember Higley PURCHASE OF HOSE DRYER FOR THE'FiRE DEPARTMENT: In accordance with previou~ action of City Council, bids received on August 4, 1986, for the purchase of a Clrcu1-A;-r 'Electric Hose Dryer'model 0633- 240V, 16.6 AMP, 3 wi re" 3, phase were as fo II ows : Koetter Fire Protection Service ' " $6,150'.00 $6,225.00 $6,600.00 Halprin Supply Casco Industries City Manager, Mr. Rockenbaugh', stated that staff's recommendation was to award the contract to the low bidder, Koetter Fire Protection Service. Motion was made by Councilmember Schwartzel, seconded by Councilmeinber Cummi ngs, that the contract to purchase' the Ci rcul- Air Electric Hose Dryer, be awarded to the low bidder, Koetter Fire Protection Service, at their bid price of $6,150.00. Voting Aye: Voting No: Absent: Councilmembers Bryan, Cummi't1gs,' Schwa rtze 1 None Mayor Parks,Councilmember Higley PURCHASE OF OFFICE FURNITURE: Consideration was given to o o u Regular City Council Meeting, August 11, 1986 3~t; u authorizlng advertisement for bids for the purchase of office furniture for MunicipalCourt,in the ,amount of $1,050; Senior Seryices in the ,amount of $10,050; and Operations in,'the amount of $1,200. Motion was made by Councilmember Schwartzel, seconded by Councilmember Cummings, that. City Council authorize 'advertising for bids for the purchase of office equipment as specified. Voting Aye: Voting No: Absent: Councilmembers Bryan, Cummings, Schwartzel None " Mayor Parks, Councilmember Higley JANITORIAL SERVICES FOR THE LIBRARY BUILDING: Consideration was given to an alternate recommendation for janitorial services to be provided for the library building. Mr. Rockenbaugh advised that on June 9, 1986, Council awarded a contract for janitorial service to the library building'to F & P Janitorial Services. However, after numerous telephone calls and a letter, F & P Maintenance has not been able to provide the city with the insurance certificates and other documents outlined in the specifications'as:requirements for contract. After review of the other contractors who submitted bids, staff recommends the contract be awarded to C & S Maintenance for janitorial service to the library building for'themonthlyamount of $471.00. C & S Maintenance is currently providing seryice to the police building. : } ..... t : : '.! : . . .' " I .' J. _', It, _ " ;. I .~).' ~ .:! I',' . ,- Motion was made" by Counciimember' Schwartzel~; seconded- by" Counc-ilmember Cummings, that City Council accept staff's recommendation and award the contract for janitorial service for the library building to C & S Maintenance for the monthly charge of $471.,00.' ' ' ' ",; ',: .J ') '. ,.,,' n ,~ Voting Aye: Voting No: Absent: I: . . "\1 . r: j ....) . Councilmembers Bryan, Cummings, Schwartzel 'None: '::J :, :11 I ~,' i ': ~ -' 'Mayor Parks,Councilmember Higley J '':, " : r : .", , ',,-' CONSTRUCTION OF CLEANING 3611 -SANITARY SEWER OUTFALL LINE ON BROMPTON ROAD: Consideration was given to authorizing advertisement for bids - for cleani,ng'the 36'\; sanitary sewer outfa H' 1 ine'on B.rompton Road. J i . .. Motion was made by Councilmember:.$chwartzel, seconded 'by Councilmember Cummings', 'that City Council authorJze.adv.ertising for bids for theconstructi on of' ,cl eani ng' ,the 3611) sanitary sewer outfall ,1 i ne on Brompton Road. " . " , , , , u Voting Aye: Voting No: Absent: r II' . I l,l,till Councilmembers Bryan, Cummings:" Schwartzel None Mayor Parks, Councilmember Higley '" I I I I : I ' I . Ii ~ illlr II.... ....lIlm; lIJ1Jnmllll' l .,!.:,l ~ .I1I1!1!l]1!IH (EIIl :r:,., ' .C;""'fQ -') . ~,;;l ' "linin I ~Illl(. i I I I f1'1T'f1"'rT" 0 or .- 1 -. I l'lll,n r III ~ .LL~. Regular City Council Meeting, August 11, 1986 o CONSTRUCTION iOF PHASE 1, PRIORITY AREA, NO. ~ 1 SANITARY SEWER,,'; RENOVATIONS: Consideration,was given to, authorizing advertisement for bids for the construction.of Phase 1, Priority Area No.1 Sanitary Sewer Renovations. - Motion was made by Counci lmember Schwartzel" ,seconded by Councilmember Cummings, that City Council authorize advertising for bids for the construction of Phase 1, Priority Area No. 1 Sanitary Sewer Renovations. Voting Aye: Voting No: Absent: ";1 Councilmemhers,Bryan, Cummings, Schwartzel None Mayor Parks, Councilmember Higley LEGALSERVICES:Consideratirin was given,to the invoicefor.legal services provided on the City,'s'behalf,for the monthof,July 1986. Motion was made by Councilmember Schwartzel, seconded by Councilmember Cummings, that:the invo;jc~ in ,the amo,unt gf $4,532'.02 for legal services for'the month of July 1986, ,be approved for payment. ,Voting Aye: Voting No: :Absent: ' I, ': ' 1 ',: Councilmembe~s Bryan, Cummi ngs ;. , Schwa rtze 1 , ,Ngne , " Mayor Parks,:Councilmember Higley o . 0 1 to' .' SURVEY SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration was given to the invoice in the amount of $1,584.00 submitted by Topco Co., Inc., for survey',services,on. various utility related proJects. . I,' ,,. Motion was made by Councilmember Schwartzel, seconded by Councilmember Cummings, that the invoice in the amount of $1,584.00 submitted by'Topco Co.,:Inc., be approyed for payment. Voting Aye: Voting No: ,Absent: ; Council members Bryan,,, " Cummi ng,s,' Schwartze 1 None Mayor Parks ,,;Councilmember Hi,gley, , COUNCIL COMMENTS: Councilmember Jim Cummings announc~d ;that he was officially resigning as Councilmember of the City of West Univers~ tyPl a;ceeffective August 21" 1986, because he had accepted ,a position with Hancock Bancorporation, in Gulfport, Mississipp'i. Councilmember Cummings, stated, he"hadenjoyed working with City Council. This move was not; in his plan. Economic conditions in Houston made it necessary for him to seek employment elsewhere. Members of CouncU expressed their regrets at losing "'---'UI Councilmember Cummings as a member of City Council. ;B~ ..-.." Regular City Council Meeting, August 11, 1986 m Councilmember Schwartzel remarked that a friend had contacted him to compliment Municipal Court Clerk, Iola Pickul, for her pleasant manner and efficiency in performing her municipal court duties. Councilmember Bryan reported the city received three letters: one letter thanking the Street Department for promptly fixing a drainage problem, one letter praising Detective John Johnston and Officer Mike Peterson for the way they handled a police call and one letter praising Officer Mary Casmarick for her excellence in responding to a police call. Councilmember Bryan asked when Council would meet with the waste management people who are to come talk about a transfer station. Mr. Rockenbaugh stated that they would be scheduled for a workshop session. o Councilmember Bryan asked for information concerning the Southwestern Bell Tel~phone Rate Case meeting to be held in Austin and suggested staff contact Austin to find out the status, specifically 1I0ther items regarding telecommunication issuesll. Councilmember Bryan also inquired about the progress made by the Traffic Committee in their study of the Auden Street situation and the Mercer and Bissonnet location. Councilmember Bryan asked for information concerning the Communications Committee. Mr. Rockenbaugh adyised that the committees were making progress in their respective areas. u Mr. Rockenbaugh advised Council that in light of the recent Culex mosquito reports, the city had stepped up their mosquito spraying program. Mary Ann Binig was recognized by Councilmember Bryan, Ms. Binig stated to Councilmember Cummings that the City of West University Place will miss you. We appreciate all your work not only on Council but the time you donated to the city in the years previous to being elected to City Council. STAFF REPORT: City Manager, Mr. Rockenbaugh, advised Council that the workshop session for tonight had been cancelled and' rescheduled to Thursday, August 14th. CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on July 31,1986, were presented for consideration. Motion was made by Councilmember Schwartzel, seconded by Councilmember Cummings, that the minutes of the regular city, council meeting on July 31, 1986, be approved as submitted. Voting Aye: Voting No: Absent: Councilmembers Bryan, Cummings, Schwartzel None Mayor Parks, Councilmember Higley I, I I H I~ . -,---------L..---.l.lU.J.JJ.L:.L I I , . .1 I 1-l-111.ll~I.IUglll' . ... on :~T-' IJrri:UIiliII:IiIilllJ i 1..1''' ~4;. . -----p:~ ~ I J \' r ';-1- r Regular City Council Meeting, August 11, 1986 ADJOURNMENT: With no further business to come before Council at ll\' this time, motion was made by Councilmember, Schwartzel, seconded by Councilmember Cummin'gs, that the meeting adjourn. Such motion carried and the meeting adjourned at 7:35 P.M. Beth Ann Bryan, Councilmember , Audrey Ni cho 1 s Ci ty Secretary o u '.. w : REGULAR CiTY COUNCIL MEETING AUGUST 25,. 1986 7:00 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, August 25, 1986, with the following members present: Mayor Pro Tem Higley, presiding; Councilmembers Bryan' and Schwartzel. Mayor Parks was absent. Counc i 1 member Cummi ngs was absent (res i gned) . A 1 so present were the Ci ty Manager, Ci ty Secretary, City Attorney, Director of Administration, Director of Operations and the Chief of Police. Mayor Pro Tem Higley delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Pro Tem Higley invited residents to s:peak'~who had matters they wished to bring to the attention of the City Council which had' not previously been submitted to the City Manager. There were none present who wished to speak. o , CITIZENS RESPONSE TO AGENDA ITEMS: MayorPrQ Tem Higley invited residents who wished to address a specific agenda item to speak at " this time. There were none present who wished ,to speak concerning an agenda item. ' ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Schwartzel requested, agen'da:item No~' 10, MOODY' ~ INVESTORS SERVICE, be removed from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, 'seconded by,Councilmember Bryan,' ,that with, the :~xceptipn of agenda item No.. ,10; th.e ,consent agend'a, be""approved ;,n accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Pro'TemHigley, Councilmembers Bryan, Schwa rtze l' ,,:, , None MayorPar,ks, iCouncilmember Cummings (resigned) PROMISSORY NOTE iRENEWAL:: ,Mayor:' Pr;o Tem iHigley presented Ordinance ,Numoer';1265,and':read'flie':capt';on ,as:,f.ollQws:", ' -;, :' " . -" --...... U1 I I AN ORDINANCE AUTHORlZING. THE- ,MAYOR TO EXECUTE ,THE _ NECESSARY - DOCUMENTS' TO",RENEW " "AND, EXTEND THE 'PROMISSORY NOTE PREVIOUSLY;, ,AUTHORtZED ,BY ','.:0RDINANCE NUMBER, H94 BATED" AUGUSrr ',23,,". 198~., PROVIDING' ,FOR: THE REPAYMENT. OF: SUCH AMOU,NJ SO . BORROWED; AND, PROVoWING' THAT: NO TAXES 'WILL BE LEVIED SINCE FUNDS HAVE BEEN PROPERLY I, , . , "'.r."~"h1'. . .,..,-, . : ~d JI.........'Hlllll... . . ... ..-......-:1111.1 IDIITm:IIfI' . ft.... : .lm:IlI::U::IllI~~:::r;I!:' .._;: ....4..9 {~ ;..,,"', '">E,''' . '1 L-fl..:rm::--l' r_ ,----=-.L:....I1H>t'~' fl',1 I II ~ 1- . I I Regular City Council Meeting, August 25, 1986 APPROPRIATED AND DESIGNA;rED FOR THE REPAYMENT OF SUCH DEBT AUTHORIZED' HEREIN. n LJ Copies of Ordinance Number 1265, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that Ordinance Number 1265 be adopted as presented. , Voting Aye: 'Voting No: Absent: Mayor Pro Tem Higley, Councilmembers Bryan, Schwartzel None' Mayor Parks, Councilmember Cummings (resigned) PURCHASE OF CAB AND CHASSIS FOR THE STREET DEPARTMENT: Consideration was given to the invoice in the amount' of $19'~-500.00 submitted by A. C. Coll ins Ford, Inc., for del ivery of the 1986 Ford cab and chassis to the Street Department. Motion was made by Councilmember Schwartzel, seconded by, Councilmember Bryan, that the inyoice in the amount of $19,500.00 submitted by A. C. Collins Ford, Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Pro Tem Higley, Councilmembers Bryan, Schwartzel None Mayor Parks, ~Councilmember Cummings (resigned) [\ U PURCHASE OF REFUSE BAGS: ,Consid~ration was given to the invoice in the amount of $18,948.01 submitted by Houston Galveston Area Council for delivery of refuse bags to the city. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the invoice submitted by Houston Galveston Area Council for the purchase of refuse bags be approved for payment. Voting Aye: Voting No: Absent: Mayor Pro Tem Higley, Councilmembers Bryan, Schwartzel None Mayor Parks, Councilmember Cummings (resigned) ENGINEERING SERVICES FOR VARIOUS RELATED UTILITY PROJECTS: Consideration was given to the invoices submitted by Langford Engineering, Inc., for various utility projects as follows: (a) Priorlty Area No.1 Water in the amount of $546.16, (b) Priority Area No. 1 Sanitary Sewer in the' amount of $9,402.56, (c) Cleaning U'I' of 3611 Sanitary Sewer Outfall on Brompton 'in the amount of $2,958.81, (d) Priority Area No. 2 Water in the amount of $7,413.14, and (e) Sanitary Sewer Renovation Master Plan in the amount of $2,768.75 for-the total amount of $23,089.42. Regular City Council Meeting, August"25,- 1986 ~~ 'qtt1 W,'l , I I I \ Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that. the invoices submitted by Langford Engineering Inc., be ap~roved for payment as listed. Voting Aye: Voting No: Absent: Mayor Pro Tem Higley, Councilmembers Bryan, Schwartzel None Mayor Parks, Councilmember Cummings (resigned) LEGISLATIVE MATTERS: ' Consideration was given to the 'invoices in the amount of f3:2'89.84 for August and $3;289.84 for September 1986, (for a total amount due of $6,'579.68), submitted by Jim Short Inc., for legislative consulting services provided on the City's behalf. Motion was made by CouncilmemberSchwartzel, seconded by CouncilmemberBryan, that,the invoices 'in the total 'amount of $6,579.68.submitted by ~im Short Inc., be approved for paYment. Voting Aye: Mayor Pro Tem Higley, Councilmembers Bryan, Schwartzel Voting No: None Absent: ' Mayor ,Parks ;CouncniriemberCummings (resigned) n LI MOODY'S INVESTORS SERVICE: Constderati:onwas gtven ,to the invoice in the .amount of $3,500.0(Lsubmitted by Moody' s Investors Service for reviewing services in relation. to the $4.7 million General Obligation Bond Isslie.' ,'.lY"',' :':' , . , ," J.' , Councilmember:Schwartzel'asked.if the c~arge was based on a percentage of th~bond amount'oron services actually provided. Director of Finance, Donna Sims, stated it was a set fee determined by the rating agency's estimate of the cost of their service. Councilmember Hi,gleyasked .if these costs.'should not be included in the financial adyisor',s' fees. Donna Sims advised that these charges are over and above the cost of the financial advi'sors. Councilmember Schwartzel'recommended the 'financial advisors be asked to explain how the bond rating agencies' fees are computed>'. '(, '. ,.' ",( I :, . ' Motion was made byCouncilmember Schwartzel, seconded by . Councilmember, Bryan; that City Gounciltable'therequest for approval to pay the invoice submitted by Moody's Investors Service until such time as the city's financjal advisors are able to clarify the computation of the"charges. [' Voting Aye: Voting No: Absent: MayorPre'Tem Higley, Councilmembers Bryan, Schwartzel None .. < Mayor Parks, COl,lnCiTmember"/"Ciimmlngs ,'( resi gned) ,,- HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the invoice in the amount of $6,626.00'~ubmitted by Harris County Appraisal District for the fourth quarter 1986 ~ervices. . ' , 'n d '.'l.m.. , ."., .' ". . , I ~. I . j. ,. ,,;,"",h~I"llllll""ISl"ll'" . 'I ..........1.....!.Im'!..IIII1'I:m,nlr. r'.... . . u...r.1 i .I!I1!1l1::JIII!I11!:mr:' ..:::~.. u I : :.~U""l 'J U.~~>l.I: I III~ I' II. ~--r-- I .,ll ,Ii, 1'111 " ~ I II~ .."'~ .Jt., ,~ ',.4 'if:" ,-'-1 Regular City Council Meeting;;'August. 25, 1986 Motion was made bY Counc'i Imember Schwcfrtzel, seconded by Councilmember Bryan, that' ,the invoice ,in the amount'of $6,626.00 submitted 'by Harris County"At>p.raisii,l District be appro~.ed, for payment. Voting Aye: Voting No: Absent: Mayor Pro Tem Higley, Councilmembers Bryan, Schwartzel ' None ' ~ayor Parks, Councilmember Cummings (resigned) . , COUNCIL COMMENTS:Counci lriiemberBryan stated that.the .Ctty, recei ved letters ,of commendatton,to the police department.praising Officer Peterson. and Offi cer Unger.' . , Mayor Pro Tem Higley stated she received a letter of commendation for the manner- in which'Curtis Cooper handled a .resurfacing pr-oject -and his follow 'up work :with the residents. , , STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for Council's considefatiori at tht~ time. CITY COUNCIL MEETING MINUTES: Minutes of the regular ,city counci 1 meeting;on August 11, 1986, wefe ~resented for consideration. _J. -->~..o;.""",,"'~_Lb'r__ ~...,"".~I J Councilmember Bryan offered the following: ,that under METRO BOARD , NOMI NEES ~ del ete the sentence readi rig ','Thenomi nees 'previ ous ly 101 acknowledged by the Metro Appointment Board of Cities except Houston were not in attendance.1I With rto further additions or deletions offered, motion was made by Councilmember Bryan, seconded by Councilmember'Schwartzel, ,that the minutes of the regular city council .meeting'on August '11, 1986, be apprQved as corrected. ' Voting Aye: Voting No: Absent: Mayor Pro 'Tern Higley, CouncilmembersBryan, Schwartzel None Mayor Parks, Councilmember Cummings (resigned) . , . ADJOURNMENT: With no further business to come before Gouncil.,at this time, motion was made by Councilmember Schwartzel, seconded by'Councilmember Bryan,'that.the meeting 'adjourn. Such motion carried and the meeting ,aa~oOrned at 7:20 P.M. ~~;fitfT~ u ~ tr!S ,~. t.;::,...,:.. u REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 1986 : 7 : 00 P. M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, September 8, 1986, with the ,following members present: Mayor Parks, presiding; Councilmembers Higley, Bryan, and Schwartzel. Councilmember ~ummings- was! absent (resigned). Also present were the City Manager, City Secretary, City Attorney, Director of Administration, and Director of Operations. ,Mayor Parks delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wi shed to bri ng to the attenti on of the City Counci 1 which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. [J There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggestedremovi ngan item 'fr,bm the consent agenda. CONSENT AGENDA: Motion was.made by Councilmember Bryan, seconded by Councilmember Higley, that the consent agenda be approved in ac:cordanc~ with staff recomm~ndation. . ~ I, \ , I Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilme~ber Cummings (resigned) 9-1-1 AWARENESS WEEK: : Consideration was given to Reselut'lion,INumber 86-07 designating September 7 through September 13 as 9-1-1 Awareness Week. Mayor Parks presented and read the Resolution as foll ows: , GREATER HARRIS COUNTY 9-1-1 EMERGENCY NETWORK [ WHEREAS; ci'tizens in the Greater Harris County Area can now use one easi ly-remembered number, 9-1-1, for all emergencies---police, fire and medical; and '.1.....--........L....I. 11\!,J1tlllltl., j .1 l..Ii.Ll..d.J..ll I 'I' I '>l j '1-11 " " JIIIIJlil'hU1UIJ1' :" i ......u~LT. "IJllnnmmllllllIl" i II'" . ..._fl , .IIII!I!II!IlllIlllI!l);l.,..L'~.. .. I . .JlIlI1t'I'l'fIltn'I,1 I: ~' Ili~ I,' \ "III, I '-~'f ~ l'III:!J!4f\ltlhll 1\ ~-------------;T--r-~ <4'ft Regular City Council Meeting, September 8,- 1986 WHEREAS; this 9-1-1 system in the Greater Harris County Area is one of the finest, most technologically- advanced in the natJon; and WHEREAS; the 9-1-1 system provides a safeguard for c,hildren in our community in times of emergency; and WHEREAS; the enhancements of this 9-1-1 system display the ca II er' s" address and telephone number, . he 1 p can be sent even when the citizen cannot speak; and WHEREAS; the computer~based system automatically directs a 9-1-1 call to the proper jurisdiction; and WHEREAS; in the first six months of operation, it has been demonstrated that 9-1~1 saves '1 ives and property; and WHEREAS; it is desirable that all citizens in the Greater Harris County 9-1-1- Network know when and how to use 9-1- 1 in times of emergency; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West University Place declare the week of September 7-13, 1986, as: 119-1-1 AWARENESS WEEK IN THE CITY OF WEST UNIVERSITY PLACE" IT IS HEREBY ORDERED that this resolution be spread upon the Minutes of this City Council Meeting on this the 8th day of September , A.D., 1986. Laura C. Higley, Mayor Pro Tem Michael L. Parks, Mayor" C. Boone Schwartzel, Councilmember Beth Ann Bryan, Councilmember ATTEST: Approved as to Form: Audrey Nichols, City Secretary James L. Dougherty, Jr., City Attorney (SEAL) ,--<. _ "^4"'-'-~.""'-<~,.,_ " ,y, 1 n J ~ o u Regular City Council Meeting; September 8, 1986 .~~YfL m LJ Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that Resolution Number 86-07 be adopted as presented and read. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) APPOINTMENTS TO PARKS AND RECREATION BOARD: Consideration was given to Reso 1 ut i on Number 86-08" appoi nt i ngniembers to fi II ,the two vacancies on the Parks and Recreation Board. WHEREAS, it is the obligation of the City Council, pursuant to provi s ions of the City Charter and ordi nances heretofore adopted, to appoint members to various Boards; and WHEREAS, the Mayor and members of the City Council, by Resolution Number 85-10, adopted on July 8, 1985, appointed qualified citizens to serve on the Parks and Recreation Board of the City of West University Place, Texas; and " ~ WHEREAS, two members of the Parks and Recreation Board have tendered their resignations as members of the Parks and Recreation Board; and WHEREAS, certain persons haye indicated a will i ngnes S to serve as memb"ers of the Recreation Board to fill tile vacancies created resignations. des i re and Parks and '.by'the ,two NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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: Lynn Sim0l1eaux Robert E. Kelly, Jr. Secti on 2. That the i persons hereby appoi nted to the , Parks and Recreation' Board shall serye without compensation. [ Section 3. That the: persons hereby appointed to the Parks and Recreation Board shaH,: serve until the next regular City Election of the City Council and thereafter until the appointment and qualification of, their successors. ....f] ~ .IIII!IlI!:II!1! I '!I!ILI ,...1.":'_ .;~ I : .~II"l'lt"",,"lj~ I "'IF l I . . ,II, I 1'11\'1'.'" -~, - .d.F,I1~I'I'11 L 1"'"""l-~ rl --~~ /n:~ 2J ~\. ,.' ;.' Regular City Council Meeting, September 8, 1986 PASSED AND APPROVED THIS the 8th day of September, 1986. Michael L. Parks, Mayor ATTEST: Audrey Nichols, City Secretary (SEAL) Approved as to Form: James L. Dougherty, Jr., , Ci ty Attorney Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that Resolution Number 86-08 be adopted as presented and read. ' Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) SIGN ORDINANCE: Consideration was given to the first reading of Ordinance Number 1266. Mayor Parks read the caption as follows: AN ORDINANCE RELATING TO SIGNS; AMENDING THE CODE OF ORDINANCES; CONTAINING NEW PROVISIONS RELATING TO PORTABLE SIGNS AND REAL ESTATE SIGNS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1266, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that Ordinance Number 1266 be accepted on first reading as presented. Mayor Parks invited discussion. Councilmember Schwartzel offered the following amendments: .I.:::-;~~~ J lJ u Regular City Council Meeting, September 8, 1986 f~~ n Section 3-35. Generally. (b) (1) (ii) and (iii) and (c) delete the word 1I0wnll and change the word 1I0versizell to 1I0versizedll and in (c) <,(iii) change the words IImay bell to lIisll so that the subparagraphs will read as follows: lI(b) (1) (ii) (iH) (c) ( i) (i i) (iii) to use, possess or control a portable sign; or to possess or,control any premises upon which a portable sign is located. ' to erect Or place an oversized real estate sign; to use, possess, or control an oversized real estate sign; or to possess or control premises upon which an oversized real estate sign is located.1I and change subparagraph ( eJ of .,Se,cti on 3-35 to read IIPermi ts for commercial advertising signs are valig until revoked. Permits for portable signs are valid until revoked (adding: or until they expire by their own terms), but in no event longer than 60 consecutive days.. No "permit s.ha llgrant any property right or vested right, and an pe,rmits ,11emain, subject to revocation, amendment or suspension at any time.1I 1.1 o Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that Ordinance Number 1266'be.accepted as amended on first reading. , Voting Aye: Voting No: Absent: :Mayor Parks, Councilmembers Higley"Bryan, Schwartzel None Councilmember Cummings (resigned) PROCLAMATION'- CONSTITUTION WEEK: .Mayor Par~s read the'following proclamation designating;Septembe~, 17,: through September 23 as Constitution Week. WH~REAS, September 17, 1986,.marks the one hundred ninety-ninth ann~,versary of the drafting of: the Constitution of the United States of America by the.. Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition;to this'. memorable ,anniversary, and to the patriotic exercises that will commemorate the occasion; and I , , 'Lr-i , , WHEREAS, Pub lie Law No.: 9:15 guarantees: the i ssui ngof, a proc 1 amati on ea'ch year: by the Prestdent of the United States of America designating September 17 through September 23 as'Constitution Week., . NOW, THEREFORE, I, Michael L. Pa,rks,:by y.irtue of the authority vested in me as Mayor of the City of West 'U I ,I j !.lIlJlltllilitl!Jj . .. ._....-.... nmTIniIliiliIiUII" i 111'-" L Ii L.LL ----.11.L1.:1L.lJ.JJ1I.J ,_ J. illWl,r~ I' ._1:11 : .III1l11l!:1:cJ!ll!IIIJ:I_...I::~..~... I..: .:.tI'''''''.....WI.I. I. I I~' '.,1. II Pll " ..... -, .].1 I~~ ,.111 ....,...,. Tr -~ 6~ -'- . '\~.. Regular City Council Meeting; September, 8; 1986 ' University Place in the State of Texas, do hereby proclaim the week of September 17 through 23 as . - Constitution 'Week in the City of West University Place, and urge all our citizens to pay special attention during .that week to our Federal Constitution and the advantage of American Citizenship. ' , In witness whereof I have hereunto set my hand and caused the seal of this city to be affixed. 'Michael [. Parks', Mayor Date 'September 8,1986 (SEAL) Motion was made by Councilmember, Higley, seconded by Councilmember Bryan, that City Council accept the proclamation as read. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None, Councilmember Cummings (resigned)' $4.7 GENERAL OBLIGATION BONDS: Consideration was giyen to the invoices submitted for services in relation to the 1986 Bond Issue as follows: a) Peat, Marwick, Mitchell ~ Company invoice in the amount of $750.00 for preparation of the condensed financial statements which were used in the:preliminary'offering document and official statement. b) Charles P. Young Company in the amount of $2,718.42 for the composition and printing of the'preliminary offering document and the 'official statement. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that the invoices submitted for services in relation to the 1986 Bond Issue be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) PURCHASE OF OFFICE FURNITURE: In accordance with previous action of City Council, bids received for various items of office furniture were as follows: 'l ~ l] n Regular City Council Meeting, September 8, 1986, !5;t Staff IS recommendati on for ,award of purchase was as follows.: (50 stacking chairs) to Desks and Furnishings, Inc., in the amount of $1,550.00. (50 stacking chai rs w/arms) to Desks and' Furnishings, Inc., in the amount of $1,750.00. (secretarial ,desk) ~toCarrolls Discount Office Furniture Co~, ,in the amount of $219.00. Item 1 Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 Item 8 0 Item 9 , Item lGi Item 11 Item 12 Item 13 Item 14 (bookcase) at,this time no purchase is recommended. (2 secretarial ,chairs) to CarrollsDiscount Office Furniture Co. ,in the amount 'of $150.00. (6 office chairs) to Carrolls Discount Office Furniture Co., in the amount of $624.00. , " (coat rack) at this time no purchase is recommended. (25 folding card tables) to Desks and Furnishings, Inc., in the amount of $4,725.00. , , . (4 folding tables) to Desks and Furnishings, Inc., in the amount of $232.00. (2 meta l: storage cabi nets): to 'Key Offi ~e Products, in the amount of $222.00. (executive chair) to Carrolls Discount Furniture Co., ih the i~ount .of~$119.00. , , . (computer data center with printer) at this time no purchase is recommended. , " . -~. ,.- '.' ... . .~'. . . ~ , , (lateral filing cabinet) to'Carrolls Di~count Furniture Co., in the amount of $445.00., , . - , , . - _. (2 office chairs) to Carrolls Discount Furniture Co., in the amount of $208.00. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that the' contracts';'for';'the purchase of office furniture be awarded in accordance with staff recommendation. u Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (re~ign~d) . .....,r'j : .II11!1I1!!1IlII1.!!:nJEI ..[!~._ ...1. :.. '.~lllIIl!Ilfillllll'UF~11 ~,' f I I ~ , . f1'TlI'1'Tln'"-"r r.,- i ~ "'I,la'lll 1.111.1 I ..----~II -'------,- -:- ~I ,~ SiC''''' Regular City Council Meetin~~ September:8, 1986' LEGAL SERVICES: Consideration was 'giventci the invoice 'in the, amount of $3,359.36 submitted for legal services provided on the city's behalf for the month of August 1986. ~ Motion was made by Councilmember Bryan, seconded by Councilmember Higley, the the inyoice in-the .amount-of $3,359.36, be approyed for payment~' Voting Aye: Voting No: 'Absent: Mayor 'Parks, Counc i 1 members Hi g ley, Bryan, Schwartzel None Councilmember Cummings (resigned) COUNCIL COMMENTS: Mayor Parks requested the proposed sign ordinance be mailed to inte.rested parites to provi'de them an opportunity to present their sU9gestions and recommendations relating to the ordinance at the next council meeting~ Mayor Parks :also recommended the ordinance be sent to the Villaqe Life for newspaper publicity. , , - . ~ . . ' STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for Council's consideration at this time. 'CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting ~n August 25, 1986, were presented for consideration. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that 'the minutes of the regular city council meeting on August 25, 1986, 'be approved' as submitted. o Voting Aye: Voting No: Absent: Mayor Parkss Councilmembers Higley, Bryan, Schwartzel None Councilmerilber 'Cummings (resigned) ADJOURNMENT: With no further business to come before Council at this time, motion was made by-Councilmember Schwartzel, seconded by Councilmember Bryan, that the meeting adjourn. Such motion carried and the meeting adjourned at 7:47 P.M. .~ - , ..d\~.... , , Mi chae 1 L. P s,' yor u n n [I .:1:: ~'" "'U:' '""..,-- 1; :i:t~ REGULAR CITY COUNCIL MEETING SEPTEMBER 22, 1986 , 7 : 00 P. M . City Council convened in regular session in the city Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, September 22, 1986, with the following members present: Mayor Pro Tem Higley, presiding; Councilmembers Bryan and Schwartzel. Mayor Parks was absent. Councilmember Cummings was absent (resigned). Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations and Chief of Police. Councilmember Schwartzel delivered the invocation and led the Allegiance to the Flag. PUBLIC HEARING ON THE 1987 BUDGET: Mayor Pro Tem Higley announced that a Publ ic Hearing was now convened to consider comments from resi dents concerni ng the Revenue Shari ng Proposed Use Hearing and the Proposed Budget for the City of West University Place for the ,fiscal year beginning the 'lst day of January 1987, and ending the 31st day of December, 1987. 'Residents who wished to speak concerning the 1987 Budget and the Proposed Use of Revenue Funds were encouraged to do so at this time. Copies of the 1987 Budget, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. : Alan Gerga, 3615 CorondoCourt, was recognized and addressed City Counci 1 concerning repavi.ng of Corondo Court. In 1985, resi dents on Corondo Court filed a petition with the City requesting ass i stance in provi di ng curbs, gutters and repavi ng of Corondo Court. Mr. Gerga stated that he had personally appeared before previous Councils concerning repaving' and was. advised that the street does not have a base sufficient to support new paYing. Mr. Gerga further stated. that he was 'before Counci ltoni ght on behalf of a number of residents on Corondo Court to request Council's consideration to repave CorondoCourt. City Manager, Mr. Rockenbaugh, advised City Council that with the 1985 petiti6n; Mr. Gerg~ ~ad tried to get 80% of the residents to agree to an 1 as,sessmen'l; program to repave the street. Ei ghty perce~t~apJilf~l 'of\\~~e... re..~idents was required by the preYious Councl f. W~n the petl t),()n ,was ~ presented, there were, some people who werer~luct~rl:t to sign., The City has always petitioned for street paving projects. The City :has not: ,budgeted money for street repair. Also, there is a legal issue. There is a question as to whether the Ci ty 'i s. .: abl e to do' the work as it was then proposed. ' ' ',', ; , ' Arlo Van Denover, 3614 CQrondo Court_ addressedcCouncil stating he had been involved in the previous petition. At that time, the residents thought the City would provide them with a 5 year loan L ..__....L..L~ '1111 101'.ltl. L.- L...' .. . 'II' j "1111 l' ~~I~I.1l.M.II<l;idIIr. 1.J..... . 1"1-: ........r l:IlIrllmIIillIIiIllT , ~ . . .._,~ I i .II11!III!:II!!mIllU ...[.:.._....1.1. : .LlIIIIfliJ fI.IiIIIH.H ~~It.. II I ii', .. I I I IIII~I --r-------r-r-, '.,J.! Jlll,~ll I ~rl . .,,~ - ,", -- - .,Ii .. ~ll4 Regular City Council Meeting, September 22, 1986 and the petiti on was fi 1 ed on that bas is. Actually, the Ci ty ,!:,r-->J expected these residents to pay cash. At that point, there were some people who did not want to pay cash. Mr. Rockenbaugh stated that legally the City had a problem with spending general fund money on private property. There is another issue which Mr. Rockenbaugh requested City Engineer, Dieter Ufer, to address. Mr. Ufer responded that the City looked at paving Corondo Court at the time the petition was filed. " Corondo Court has only 25 feet of right of way. Every other street has a minimum of 50 feet. One of the things discussed was that in addition to an assessment program, contractors woul d need constructi on temporary easement for worki ng room. The Ci ty will need to address the 1 ack of ri ght of way and the need for construction easements. IN 1985, the cost estimate for the project was $30,000. Mayor Pro Tem Higley recommended staff gather the background information and schedule the question for the workshop session on September 29, 1986. City Staff was requested to prepare a list of information for presentation of the paving project to the people on Corondo Court. Mayor Parks came in at this point: 7:25 P.M. Mayor Parks, presiding, invited other comments concerning the Revenue Sharing Proposed Use Hearing and the proposed 1987 · i;= Budget. With no further comments from th~ audi ence, Mayor Parks declared the Budget Hearing closed. Immediately following the Budget Hearing, Mayor Parks convened the regular session of City Council. HEARING OF RESIDENTS: Mayor Parks inYite~ residents to speak who had matters they wished to bring to the: attention of the City Council which had not preYiously been submitted to the City Manager. There were none present who wished to speak. i CITIZENS RESPONSE TO AGENDA ITEMS: ,Mayor: Parks invited residents who wished to address a specific agenda item to speak at this time. , There were none present who wished It~ speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Schwartzel requested Agenda Item No. 11, $4.71 GENERAL OBLIGATION BONDS. be removed from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, th~t with the exception of Agenda UI Item No. 11, the consent agenda be approved in accordance with staff recommendation. AG5 Regular City Council Meeting, September 22t 1986 n Voting Aye: Voting No: Absent: Mayor Parks" Councilmembe,rs ,Higley, Bryan, Schwartzel None Council member _Cummings (resi gned) CONSTRUCTION OF CLEANING ,OF 3611 SANITARY' SEWER OUTFALL LINE ON BROMPTON: In acco'rdance with previous actio'n of City Council, bids received for the Construction of Cleaning of the 3611 Sanitary Sewer Outfall Line on Brompton Road were presented as follows: Bidder Nayor Industries Pasadena, Texas Amount Bid $119,892.80 Channel Construction Channelyiew, Texas $148,668~00 Bay town Construction Beaumont, Texas $148,691. 60 John G. Hollarid Construotion Pasadena~ Texas $306,206.00 0' Jalco Inc. Houston, Texas $529,641.00 Motion was made by Councilmember Schwartzel; seconded by Councilmember Bryan, that City Council accept staff's recommendati on and award the contract for the Construction of Cleaning of the 3611 Sanitary Sewer Outfall Line on Brompton Road to the lowest bidder, Naylor Industries, at their bid price of $119~892~80~ Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel Voting No: None Absent: ,Councilmember' Cummings (resigned) SANITARY SEWER PHASE 2 PRIORITY AREA NO.1 AND SANITARY SEWER PRIORITY AREA NO.2: Consideration was given to the request for authorization for engineering -and survey;services for Sanitary Sewer Phase 2 Priority Area No. 1 (West University Place First and Kent Place Subdivisions) and Sanitary Sewer Priority Area No. 2 (College Court Subdivision). u Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that Langford Engineering Inc., be authorized to perform engineering and survey services for the sanitary sewer projects listed, with the understandifilg that the estimated cost of such services will be $165,000 or 3.5 percent of the bond funds. Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel Voting No: None ,Absent: " ,," CouncilmemberCummiings ~(res; gned) I J ---I 'll,L.L11LJJ1.l.~ I.HLllJI -L- ! , d11Illuli,UtiillllJj. 1""1 .. ... ~T-"'l1mTliiIIiiIIIlntr n-" r" .. ......nil : .IIII!III!!IIllIUJII1I:1:..i::;....:..I.T .:lI'_"'i1I~llljH",! , . I 101... III L-.J11I1'11 '1IJl),n 11111 -.-----~T1--.--.--.,. ~ -~ ~'~56 Regular City Council Meeting;, S'eptember 22,1986, AWORDINANCE',RELATING<TO "'SIGNS; ,AMENDING THE CODE OF ORDINANCES; CONTAINING NEW PROVISIONS RELATING TO PORTABLE SIGNS_ :AND~ REAL, ESTATL SIGNS; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATING'TO THE SUBJECT. ,( I . I , f I , I '-" SIGN ORDINANCE: 'Considerationcwas given to the second reading of Ordinance Number 1266. Mayor Parks read the caption as follows: The City Attorney submitted proposed amendments to the ordinance suggested by City Council at workshop session as follows: AMEND Paragraph (3) of subsection (d) of Section 3-35 to read as follows: (3) The building official shall only issue permits for those portable signs which: (i) appear to be in complete compliance with all ordinances of the City; (iii) will not be mounted upon wheels or other mobile structure; and ;-1 '-" (iv) are to be used'solely in connection with athletic events, festivals"and similar events conducted by a governmental or non-profit organization; Provided that no more than two permits for portable signs may be issued for any given premises during- any period of 365 consecutive days and provided further that a sinqle permit may include no more than one wood siqn. one fabric siqn and. for that time period ~ot exceeding 72-consecutive hours when the event or festival -is actually being held, miscellaneous wood or fabric signs within a defined area upon the premises where the event or festival is held. AMEND the first sentence of subsection (e) of Section 3-35 to read as follows: (e) Permits for commercial advertising signs are valid for the same time period: as bUildin) permits qenerally or until revoked. (CONTINUES UNCHANGED AMEND Section 3-35 by adding a new subsection (g) to read as follows: ' (g) Whenever a person has made application for water, sewer~ qas~ electric or qarbaqe service to any qiven J <lG57 Regular City Council Meeting; September 22 ,1986 R '--" premises. as indicated br the customer billinq records of the City or other publicutiity~andif there is no record of such seryice beinq thereafter transferred to another person. it s ha 11 be a rebuttable presumption tha t:theperson who made the application controls bothtnepremisesandany siqns 1 oca ted on the premises. i,' : AMEND Subsection (b) of Section 6 to read in its entirety as f 0 II ows : (b) The new regulations applicable to portable siqns and overs i zed real estate?s'i qns di n tliis ordinance do not apply to any such sign existing on the ,effective date of this ordinance unt~he 91st day following effective date of this ordinance, but only for so long as the sign is not moved or a 1 tered~ AMEND Section 6by adding anew Subsection (c) to read as follows: o City Council, read the ordinance with the amendments as proposed. Motion was made by CouncilmembercHigley,secondedby Councilmember Bryan, that Ordinance Number 1266beaccepted,as,amended on second but not final reading. Voting Aye: Voting No: Absent: ' Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned)'" AUTHORIZATION OF UPDATED SERVICE CREDTTSAND INCREASE, IN RETIREMENT ANNUITIES: Mayor Parks presented and read the caption of Ordinance Number 1266 as follows: l AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENJ~ SYSTEM, !'UPDATED SERVICE CREDITSII IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF WEST UNIVERSITY PLACE, PROVIDING FOR INCREASEDPRI0.R AND,'CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.::~ - , - The following 'was submittedbY1 DonnaL Sims, Director' of Finance & Administration: . . . ..~ l! J I .II11!111!!1I!!lll:OI~L.. L'~.. ..: ...1. . 111_l"m'tUj~'~II~",1 f I ,l~ I . ,!.I I n"'TJlTTllT""-T -,. ~ ~.I,N Jt l'lfl. ....T'- ~ c .Lr-~ --~ , , ,~",__,~.,.. ~I _,,-->i~ , ;:j ;J ;~.~~8 Regular City Council Meeting, "September,'22, 1986 II I her.eby ,certi ty that the money requi red for enteri ng agT~eirient:~ whh,t,he- Texas Municipal Retirement System is avaUablelto.the:credi't'of,:the, Genera,l,and Water/Sewer Funds, Reti-rementaccQunt Hf80, and is not appropr; ated for any "other,'purpose. 'Ttii.s:;~certified sum is 'hereafter deemed appropriated' to the (lis'charge' of such agreements entered into with the Texas Municipal Retirement System ana for the fundi ng on the retirement contri.but ions on beha 1 f of City employees. II Motion was made .by Counci.lmember Higley, seconded by Councilmember Bryan, that Ordfnan'ce Number 1267 be accepted as presented on fi rst reading . "j.,' ' , . ,I i Voting 'Aye:, ," :Mayor Parks; C.ouhcilmembers Higley, Bryan, Schwartzel Voting No: None ,Absent: ,Councilmember Cummings (resigned) 1987 BUDGET FOR THE CITY: Mayor Parks presented and read the caption of Ordinanoe 'Number, 1268 as' follows: AN ORDINANCE OF tHE CITY OF WEST UNIVERSITY PLACE, TEXAS, ,PROVIDING FUNDS FOR', THE :EISCAL YEAR BEGINNING JANUARY 1, 1987" AND ENDINGDECE,M.BER:3L 198t,:"BLAPPROVING,THE BUDGET FOR SAID PERIOD AND APPROPRIATING THENECE$'SARY FUNDS OUT OF THE GENERAL FUND AND OTHER-REVENUES OF THE CITY OF WEST UNIVERSITY, PLACE FOR SAID YEAR FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY. Copies of Ordinance Number 1268~ in the form required for adoptien, were available to all members"of City Ceuncil and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that Ordinance Number 1268 be accepted on first reading as presented. , , Voting Aye: Mayor ,Par.ks, Coulicilmembers Higley, Bryan, Schwartzel" - None Councilmember Cummings (resigned) Voting No: Absent: SOLID WASTE MANAGEMENT STUDY: : ConSideration was given to authorizing engineering services in connection with the investigation and evaluation of futore solid waste disposal alternatives. Motion'was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that City Council authorize the Mayor to enter into a contract with HDR Techserv, Inc. (HDR) for engineerin~ services in'connection'with the investigation and ,.--... \ I U !~l 'U u Regular City Council Meeting, September 22, 1986 gtJ9 u evaluation of future ,solid waste ,transfera,ndlor disposal alternatives, cost of such services not to exceed $30,000.00. Voting Aye: Voting No: Absent: ,Mayor Parks, Council members Higley, Bryan, Schwartzel None Counci,lmember Cummings (resigned) $4.7 GENERAL OBLIGATION BONDS: Consideration was given to the following invoices submitted for services in relation to the 1986 Bond Issue: a) Fulbright & Jaworski in the amount of $7,381.90 for Bond Counsel Services. b) Standard & Poor1s Corporation in the amount of $4,800.00 for rating agency service.,; c) Moody's Investors Service in the amount of $3,500.00 for rating agency service. ' . , d) Bowne of Houston, Inc., in the amount of $3,801.00 for printing of the Official Statements., Q Councilmember Schwartzelrecommended that payment of the Fulbright & Jaworski invoice be deferred until the scope of work is defined or itemized. {, - ,of Motion was made by Councilmember Higley, seconded by Councilmember Schwartzel that theinvoi:ces'to Standard & Poor',s Corporation in the amount of $4,800.00, Moody's Investors Service in the amount of $3,500.00, and Bowne of Houston, Inc., in the amount of $3,801.00 be approved for payment; approval of the invoi ce submitted':by Ful bri ght &', Jaworski be:'deferred~' ( , , " Mayor Parks, Councilmembers Higley, Bryan, Schwartzelr ' ' None Councilmember Cummings (resigned) Voting Aye: : Voting No: Absent: INTERESTPAYMIlNT;~ 1976 BONDS: Consideration was given to the invoice in the amount of $17,450.00 submitted by First City National Bank of Houston for interest due on the 1976 Bond Issue. ',' Motion was made by Councilmember Schwartzel, seconded by Council member, Bryan,:'that the invoice in the amount of, ,$17,450.00 submitted~byFirst City National Bank of Houston be approved for payment. n ENGINEERING SERVICES 'FOR VARIOUS: UTILITY RELATED PROJECTS: Consideration was given to the'following invoices submitted by Langford Engineering Inc., for engineering services on various utility related projects: .l.....- ..'-_-------....1.1- '_ ~ _ 1'- ITI'i""U"H:'.'L_ .__., ~~ 1-_ ..u..UlI..J..["'"1. 'Co" '-""1' "I"','''''-''',r.UI'':' i"'i ~;":::'n:':']J!IIr:IiiIlJlL6IiIr i liiL~-' .. . ..~ ~'l : .11IIm:IIU!!I:!II1~L..F .:.. .. I I :J1J1IlD!tIJIIUIUII'II"I'.' I I .,III'll"'II"I~IIJJII,n,l'ltll. 11 II I _ ,~ i .A.'OO' ~.~ Regular City Council Meeting, Septeml5er,22, 1986- a)', Invoice in the amount of $2,324.06 for "Priority Ar.ea No. 2,Water.; b) "Invoice intheamountof'$82.33 for Sanitary Sewer Renovation Master Plan;' , ' 11 1 I L.J c) Invoice in the amount 'of :$462.93 for'Pr.iority Area No.1 Water. Motion was made by-Councilmember Schwa'rtzel, seconded by Councilmember Bryan, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None' - " Councilmember Cummings (resigned) 1986 WATER AUDIT: Consideration was given to the invoice in the amount of $5,600.00 submitted by Pitometer Associates for their services in conjunction with the 1986 Water Audit. Motion was made by Councilmell1ber Scl:1wartzel ~ seconded by Councilmember Bryan, that the invoice in the amount of $5,600.00 submitted by PitometerAssociates'be'approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cammings (resigned) o PURCHASE OF CIRCUL-AIR HOSE ' DRYER: Consideration was given to the invoice in the amount of $6:150.00 submitted by Koetter Fire Protection Service Co., for delivery of the Circul~Air Hose Dryer to the Fire Department. COUNCIL COMMENTS: Councilmember'Bryanacknowledged the City received another letter of commendation for the Police Department, specifically naming Officer Self'and Officer Rees. Mayor Parks inquired if Metro,had agreed to extend, the City's time period for acceptance of funds for work on University Boulevard. City Manager, Mr. Rockenbaugh, advised that he had talked to Metro and they understood that every municipality needs to make changes and alterations. The money was allocated for 1987 for Metro. Metro indicated they would work with the City, but they would like to see a beginning of the project in the next 2 or 3 years. Mayor Parks recommended city staff aim for working an agreement with Metro ~o begin the project in 2 years with completion scheduled in the third yeai.' , u 081 Regular City Council Meeting, ,September 22, 1986 n Mayor Parks presented and read the following letter from The , Athletics Congress of the USA: ' II It is a great pl easure to inform you that the City of 'West University Place (together with the City of Houston) has been designated as a co-host of the 1987 United States of America Men's Marathon Championship to be. conducted as part of the Houston-Tenneco Marathon. Your City's support assures The Athletic Congress/USA that this will be a most successful United States of America Marathon Championship. the 1987 USA Men's Marathon Championship is also the 1987 Pan American Games Men's Marathon Team selection race. West University Place is well-suited to co- host this important event. o You may expect in the coming days to receive a formal Certificate of Appreciation from The Athletic Congress/USA. Signed: LeRoy Walker President Mayor Parks recommended that Russ Schulze , Chairman of the Parks Board, and Jack Browder, Chairman of the Marathon Hoopla Committee, be invited to the next workshop to coordinate plans for the 1987 Marathon. STAFF REPORT: Mr. Rockenbaugh advised City Council that there was a workshop session scheduled after the Special Council Meeting on September 29, 1986. Jim Dougherty, City Attorney, reported on the status of the zoning changes under study by the Zoning and Planning Commission. CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on September 8, 1986, were presented,for consideration. Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the minutes of the regular city council meeting on September 8, 1986, be approved as submitted. n Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) ....._illJ! tjg l):fj ! .Il11!1l1!1l1lJel:nJ~J :.1.:.... .;..1.1 :.II..IItIllIIIm~I~11 I.: .1 I 1111'r'~I--"""""lI-"""'---;-- 11,1;,iH,IIl\11 Regular City Counci 1 Meeti ng, 'Septemb'er22, 1986 '" ~~~ ADJOURNMENT: With no further busiri'e'ss. 'to come before "Counc'iilat this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that the meeting adjourn., :'Such motion carried and the meeting 'adjdurned at ;8:03 P.M. IT I 1, , f ~ Laura C. Higley Mayor'Pro Tem f' II ! I U u ~:~.."6tl',.'" '''''9 '.0 SPECIAL CITY _COUNCIL MEETING SEPTEMBERd29, ,1986 ,7:00 P.M. City Council convened in special session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West Uniyersity Place, on Monday, September, 29, 1986 ,with the following members present: Mayor Parks, presiding; Councilmembers Higley, Bryan, and Schwartzel. Councilmember Cummings ,was absent (resigned). Also present were the Director of Administration, City Secretary, City Attorney and Director of Operations. Councilrnember Bryan deliyered the invocation and led the Allegiance to the Flag. PUBLIC HEARING ON THE 1987 BUDGET: Consideration was given to comments from residents concerning the proposed Budget for the City of West University Place for, the fiscal year beginning the 1st day of January, 1987, and ending the 31st day of December, 1987. Mayor Parks invited residents who wished to speak concerning the 1987 Budget to do so at this time. o There were none present who wished to speak concerning the Budget. Mayor Parks declared the Budget Hearing closed and immediately convened the Special Session of City Council. 1987 BUDGET FOR THE CITY: Mayor Parks presented Ordinance Number 1268 and read the caption as follows: AN ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1987, AND- ENDING DECEMBER 31, 1987, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING THE NECESSARY FUNDS OUT OF THE GENERAL FUND AND - OTHER REVENUES OF THE CITY OF WEST UNIVERSITY PLACE FOR SAID YEARd~ FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY. Copies of Ordinance Number 1268, in the form required for adoption, including a Budget Summary, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Moti on was made by Council member Bryan, seconded by Counci lmember Higley, that Ordinance Number 1268 be adopted on the second and final reading as presented. u Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) Voting No: Absent: I, ,. 1'i'1:1'.n;rl;f'ili 1~ll.lrr!:"l "~Ii'; I,: ' :" t- i.,11 i' "'_.1 "-j: jiih,WhHIIII1" II' ~"T"i1rnllll~lmliRlr , 1,i1,..' . .....Il'! ! ]lII!I1[IllnI:InlI;J 1..1... .:.11. .:JII_I""'IIt?l~'I\l;!III,.11 II.. I . ,I I 111'1'~1 "---rr--------==r..:..J,JIi.lI-lll'II., ..1-1 I, r :64 ::'1 ... ~'la Special City Council Meeting, September 29, 1986 CITY HALL ASBESTOS REMOVAL 'AND. MISCELLANEOUS WORK: Consi derati on "'U was given to matters' relating to the contract for City Hall Asbestos Removal and Miscellaneous Work. The City Attorney advised that at this time there was nothing to report concerning the contract. Mr. Ron McKee, Certified Industrial Hygienist for the Asbestos Remova 1 porti on of the contract, addressed Counci 1 with a request for their consideration concerning his services. Mayor Parks advised Mr. McKee that at the present time, the matter was referred to staff and the Legal Department. Mayor Parks thanked Mr. McKee for his comments. ADJOURNMENT: With no further business,to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that the meeting adjourn. Such motion carried and the meeting adjourned at 7:12 P.M. o n J.\ ~;-€' :po 65 "fi'," .! .:;l!~ ~ ~ 't~ . r', ' " ) REGULAR CITY COUNCIL MEETING OCTOBER 13, 1986 7:00 P.M. [] City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, October 13, 1986, with the following members present: Mayor Pro Tem Higley, presiding; Councilmembers Bryan, and Schwartzel. Mayor Parks was absent. Councilmember Cummings was absent (resigned). Also present were the City Manager, ,City Secretary, City Attorney, Director of Administration, Superintendent of Public Works, and the Chief of Police. Mayor Pro Tem Higley deliyered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Pro Tern Higley invited residents to speak who had matters they wished to bring to the attention of the City Council which had not,previously been'submitted to the City Manager. \, I. -There ~re'~ph~ pr~~entJwh~ wished to speak. * ;'" '>......' J c, -,.~ ,--' '- "- '~ CITIZENS RESPONSE'fR,AGENDA ITEMS:'Ma~or Pro Tem Higley invited residents who wiShed to address a specific agenda item to speak at this time. Mr. Randy Hardy, 3717 Nottingham, was recognized and addressed City Council concerning Ordinance Number 1266, the Sign Ordinance. Mr. Hardy stated he'felt there was a need for more restrictions pertaining to 1I0pen Housell signs. Mr. Hardy thought that one 1I0pen Housell sign per intersection would be preferable to what was common practice in the city. At times, there are so many of these s.igns in an. intersection: they become distracting and some signs are so large they interfere with traffic vision. ' " , '. . ), Mr. Rockenbaugh~ City Manager.,' adv'lsed that' the: :'city presently has restrictions:on:'the placement 015 'signs. They are not supposed to be placed in the right of way but should be placed on the property for sale. , , Mayor Pro Tem Higley'stated that it appeared to be an enforcement problem and city staff ;wou.ld be'more alert to enforcing the .,' 'appropriate restrictions~':' Mayor: Pro Tem' :Higley,thanked Mr. Hardy for hi s : comments. ' ' 'I . . ;. u . i. ' , J ITEMS TO BE ,REMOVED FRQM THE CONSENT.AGENDA: Councilmember Bryan requested Agenda Item No. 9, $4.7 GENERAL OBLIGATION BONDS, and Agenda Item No. 12, LEGAL SERVICES, be removed trom tne consent .agenda'. .,: 'I t., j f ,) , . \. -' ,~ '111'llUlt!lfIr.r- f lL... "dlll,r-,'III'! ',II!lmll' I ","l1ldl.l~lJ.II;lUIr,' 11 :..': .:Tn'tmrrUIIIllJUillll' I [IU':.... . .._ll'J '.lII!!IlEIl!llI:lTIJeJ L._:...!l. :.!lIIPlt~lfR,jH-I!,t .1 Ir "I ,.11 I II~-''Il ,1 - f'llm)!!lIJI. r-- -' Tr' -'-~-I :^'116 Regular City Council Meeting, October 13, 1986 CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by touncilmember Bryan, that with ,the exception of Agenda Items 9 and 12, the consent agenda be approyed in accordance with staff recommendation.' , :J- I ' I ! Mayor Pro Tem Higley, Councilmembers Bryan, Schwartzel None Mayor Parks Councilmember Cummings (resigned) SIGN ORDINANCE: Consideration was g,iven to the third and final reading of Ordinance Number 1266. Mayor Pro Tem Higley presented the ordinance and read the caption as follows: Voting Aye: Voting No: Absent: AN ORDINANCE RELATING TO SIGNS; AMENDING THE CODE OF ORDINANCES; CONTAINING NEW PROVISIONS RELATING TO PORTABLE SIGNS AND REAL ESTATE SIGNS; AND ,CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1266, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Moti on was made by Counci lmember Bryan, seconded by Counci lmember Schwartzel, that Ordinance Number 1266 be adopted as presented. o Voting Aye: Mayor Pro Tem Higley, CouncilmembersBryan, Schwartzel None Mayor Parks Councilmember Cummings (resigned) Voting No: Absent: AUTHORIZATION OF UPDATED SERVICE CREDITS AND INCREASE IN RETIREMENT ANNUITIES: Consideration was given to the second reading of Ordinance Number 1267. Mayor Pro Tem Higley presented the ordinance and read the caption as follows: AN ORDINANCE AUTHORIZING AND ALLLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM; "UPDATED SERVICE CREDITS II IN SAID SYSTEM FOR SERVICE-PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF WEST UNIVERSITY PLACE, PROVIDING FOR INCREASED, PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Copies of Ordinance Number 1267, in the form required for ~ adoption, were available to all members of City Council and a 1 reasonable number of additional copies available to interested citizens present. Regular City Council Meeting, October 13, 1986 a1j7 U!, " ' I ' i ' Moti on was made by Counci lmember Bryan, seconded by Counci lmember Schwartzel, that Ordinance Number 1267 be adopted as presented. Voting Aye: Voting No": Absent: Mayor Pro Tem Higley, Councilmembers Bryan, Schwartzel None' Mayor Parks Councilmember Cummings (resignerl) '.1 J. SUBMISSION OF THE 1986 APPRAISAL ROLL: Consideration was given to the 1986 Certi fi ed Appra i sa 1 Roll. A summary was presented as follows: ' $895,649,120 (20,303,290) - 16.851. 730 $912,500,850' ~ ,61,437,610) - -851.063 .240 o $ 2,035,150 - $ 15,344,130 - *Not included above 1986 total appraised value of all property Values under,protest* ' ' Estimated value to be certified later (17%) , Adjusted 1986 total appraised,value of all property I , Less e~e1Tipti(!)ns: c"aimed 1986: taxable'value of all propeYi'ty . l' ~ Supplemental Information 1985 taxa1ble:yalue becoming exempt in 1986 1986 taxable value of improvements added since January 1 ,'1985 ~ I;' Mot i on was made', by" Counci 1 member: Schwa rtze 1 " ,'seconded by Councilmember Bryan, that' the: 1986 Certified Appraisal Roll be accepted as presented. ' ' Voting Aye: Voting No: Absent: Mayor Pro TemHtgley,'Councilmembers Bryan, Schwartzel ' It,, None i', Mayor Parks Councilmember,Cummings (resigned) SUBMISSION OF ,THE 1986':EFFEG:rIVEiTAXRATE: ,Consideration was, given to'the 'Ca 1 culated Effec'ti ye Tax Rate' fo,r -1986.: as fan ows: $0.267 , Q,.057 cJm324 ' , J' " ':'! ')' ",- Maintenance and Operations , 'OebtJ'Service ~" : x Total Effective 1 Tax Rate ',,' Motion was made by :Counc.ilmember Schwartzel, seconded by Councilmember Bryan, that" City. Council accept the Calculated Effective Tax Rate for 1986 as presented. I~ L: :",'1',"", ';'" ,;.',' : .IUnrU::I~I:;:I:::Jr.', .1..... ..11 '. ::110"" '" '" "L-.:......!.":: '''11 '-.II,!~'!!II' '~U:'------ ~. -!i<1fi!\Q ~~J, Regular City Council Meeting, October 13, 1986 Mayor Pro, Tern Higley, Councilmembers Bryan, Schwartzel None ' , ..' Mayor Parks., ,) Councilmember Cummings iresigned) $4.7 GENERAL 'OBLIGATION BONDS:, :ConsTdera,tion was given to the invoices submitted for services in relation to the 1986 Bond Issue: Voting Aye: Voting No: Absent: ': 'J a) Fulbright & Jaworskiin'ttie'amount-of' $7,381.90 for' Bond Counsel Services. ' b) Masterson & Company' in the amount of' $20; 131. 67 for Financial Advisory Servi'ces; .' ' , .{ . . After discussion, motion 'was made by Councilmember 'Brya'n, seconded by Councilmember Schwartzel, that City Council authorize the payment of the original agreed upon amount of '$5,475.00 to Fulbright & Jaworski and invite the firm1s representative to a workshop session to discuss the additional charges. Mayor Pro Tern Higley, Councilmembers Bryan, Schwartzel None Mayor 'Parks .,', ' Councilmember Cummings (resigned) Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the invoice in the amount of $20,131.67 submitted by Master & Company be approved: subject to clarification of the air fare charges as listed. Voting Aye: Voting No: Absent: Voting Aye: Mayor Pro Tern Higley, Councilmembers Bryan, Schwartzel Voting No: None Absent: Mayor Parks Councilmember Cummings (resigned) SURVEY SERVICES FOR UTILITY PROJECT~' Consideration was' given: to the invoice in the amount of $5"5'4":"00 submitted by 'Topeo Co.:~ Inc., for . survey servi ces for Pri ority Area No. 1 Water. Mot i on was made bj Counc n member Schwa rtze 1 , seconded by Councilmember Bryan, that the invoice iri the amount of $504.00 submitted by Topco Co., Inc., be approved- for payment. Voting Aye: Voting No: Absent: Mayor :Pro Tern Higley, Councilmembers Bryan, Schwartzel None Mayor Parks Councilmember Cummings (resigned) , "~~, j ,. , 'J 'l ~ J J Regular City Council Meeting, October 13, 1986 ,li(;~ o PURCHASE OF BREATHING AIR COMPRESSOR SYSTEM: Consideration was given to the invoice in the amount of $6,190.00 submitted by Stark Manufacturing, Inc., for delivery of the Breathing Air Compressor System to the Fire Department. Motion was made by Councilmember Schwartzel, seconded by Councilmemper Bryan, that the invoice in the amount of $6,190.00 submitted by Stark Manufacturing, Inc., be approved for payment. Mayor Pro Tern Higley, Councilmembers Bryan, Schwartzel None Mayor Parks Councilmember Cummings (resigned) LEGAL SERVICES: Consideration was given to the invoice submitted by James L. Dougherty, Jr., City Attorney, for legal services provi ded on the Ci ty IS behalf for the month of September, 1986. The amount of the i nvoi ce posted on the agenda was $5,236.15. However, the City Attorney's offi ce 1 ater submitted a corrected invoice in the amount of $4,861.15. Voting Aye: Voting No: Absent: 0' " , ....." .j Motion was made by Councilmember Bryan, seconded by Councilmember Schwartzel, that the invoice in the amount of $4,861.15 submitted James L. Dougherty, Jr., be approved for payment. Voting Aye: Mayor Pro Tern Higley, Counci lmembers Bryan, Schwartzel Voting No: None Absent: Mayor Parks Councilmember Cummings (resigned) COUNCIL COMMENTS: No member of Council offered further comments at this time. STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further for Council's consideration at this time. CITY COUNCIL MEETING MINUTES: Minutes of the regular city co~ncil ~.. .. meeting on September 22, 1986, and the special city council meeting on September 29, 1986, were presented for consideration. Mot i on was made by Counc i 1 member Schwa rtze 1 , seconded by Counci 1 member Bryan, that the mi nutesof the regular city council meeting on September 22, 1986, and the minutes of the special city council meeting on September 29, 1986, be approved as submitted. il rut Voting Aye: Voting No: Absent: L._. I,J aL__l~J!ELLlllliiJjLlm-_ I Mayor Pro Tern Higley, Councilmembers Bryan, Schwa rtze 1 None Mayor Parks Councilmember Cummings (resigned) u!jJ:JI,d--:=l__iJLL:,:,:_:"~jU:2l!~ ;'j,H:ii~lIliHUtll: l'll:i" T"llliIi.HlamIH!: -....1. 7~\ I ' ! .Il[JJ]9l1lll.:I!D!IITI r" '11] 11 J!In!lWldIUl'lfllHi:li"Ulhl't ~ I~HiU!mhl'.1 [111l'll: L!Jltlt!II!11 .----n~r 1.lljlllWilltlWlmll 'lt~,-Ji", lilt IIII 'I I'll) ~f;b >iAltl:!~ .-.o.!:;"'': ..............,..,.=~ '. -;\~"""<AA~..,] Regular City Council Meeting, October 13, 1986 CONTRACT FOR CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: City Attorney, Jim Dougherty, advi sed Counci 1 that the contractor was having difficulties bringing together the insurance policies~ Mr. Dougherty suggested Counci 1 consi der asking the arcFiitect to make a determination of what should be paid to the contractor; what the cost of insurance would have been if the city had the insurance available; and what extra architectural fees, if any, would be charged to the city for this service. City Council concurred with Mr. Dougherty' ssuggestion and referred the matter to the next workshop session. EXECUTIVE SESSION: By general consent, City Council did not convene in Executive Session and remained in open session. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the meeting adjourn. Such motion carried and the meeting adjourned at 8:08 P.M. :.. ~o \J D n n I , \... " I -,"_<",'_~_R"",,_"'__' . 7(1\' REGULAR CITY COUNCIL MEETING OCTOBER 27, 1986 7:00 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place; on Monday, October 27, 1986~' with the following 'members present: Mayor Parks, presiding; Councilmembers Higley, Bryan, and Schwartzel. Councilmember Cummings was absent (resigned). Also present were the City Manager , City Secretary,City Attorney, Director of Operations, and Chief of, Police. Mayor Parks delivered the invocation and led the Allegiance to the Flag. ' " HEARING OF RESIDENTS: Mayor Parks invited residents to, speak who had matters they wi shed> to bring to the attenti on of the City Counci 1 which had not previously been submitted to the City Manager. Mr. John Stone, 2812 Lafayette, addressed Counci 1 and requested their consideration to' enacting an ordinance regulating recreational vehicles. His next door neighbor has a Winnebago recreational vehicle that is parked out in front of his house. Several neighbors have asked that the vehicle be moved. With the vehicle parked in front,' there is no visual access to the street. Mr. Stone stated he felt having the vehicle parked in front was deteriorating the qualitybf'life of the neighborhood. He requested City Council consirlersome: sor,t ,of ordinan,ce for this type of i nci dence. Perhaps an ordi nance that woul d requi re the recreational vehicle to be parked.behind the house. Mayor Parks asked if there was room for the neighbor to park the vehicle in the back. . ," Mr. Stone stated there was room for the vehicle in the back. However; the 'next :door'nEHghbot" insisted' :on, parking:' theWinnebago in h.is driveway. The neighbor also 'has three cars ,he parks 'on the street which causes congestion on the street. Mayor 'Parks advised Mr. Stone thatl city sta'ff-.would review the situation and see what could be done. John Collier~ Past-or 'with West University United Methodist Church, addressed Council concerning the amendments to the sign ordinance. He had twocquestions: (1). .relating, to the periOd the sign may be up, specifically 72 cQnsecutive hours, and (2) putting a limit of twopermi ts forportables i gns for any given premises during any pe'riod of ,365 consecutive days. ' , . . . ,. I , Councilmember "Higley suggested that the: 72, hours: 1 imitation referred to the signs on the premises. Theinte:rpretation was applicable to miscellaneous portable signs during a specific event. Section 3(e) of the ordinance states that portable signs are permitted for 60 consecutive days. ' ~ . ,"1' ',..,....".,' ,,--,. . .~.---, ...r" l-'ll:-'~:::::J~:~-:I~I::t:LIru:rrnn:rnr' , ~ .1ITm:n:mUl!IJ:I .:IIII!I" fl"Il"I! I I II 'II I 11ElI'" 1.III.nil 1.~11 , II I--:--~~ _.,72 (} \ Regular City Council Meeting, October 27, 1986 Councilmember Bryan explatned'that one intent of amending the sign ordinance was to encourag'ethe' churches and other organizations to get permanent signs to adve~tise their special events. The City Attorney advlsed'that"fhere was a provision in the ordinance for Institutional Signs. Jim McPhail , Minister of West University United Methodist Church, addressed Council and questioned advertising signs in residential districts. Councilmember Schwartze,l "explained" that. the intent of the ordi nance was to encourage permanent signs but to a 1 so allow for special signs for special events. Ralph Pokluda, 5320 Sewanee-,"addressed Council stating that the dOmpster for St. George Orthodox Church wa~ sitting on the curb. His question was whether' the City regulated the placement of dumpsters. City Manager, Mr. Rockenbaugh, advised that the City had an ordinance requiring that dumpsters be placed 5' feet back from the property 1 i ne. City staff woul d call the church' and ask them to remi nd thei r garbage' contractor to place the dumpster in accordance with, the required setback. CITIZENS RESPONSE TO AGENDA ITEMS: 'Mayor Parks invited residents who wished to address a speci-ficagenda' item to speak at this time. There were none prese~t who wished to speak concerning an agenda item . ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member'of,City Co~ncil suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the consent agenda be approved in accordance with staff recommendation~ ' Voting Aye: Mayor Parks, CouncilmembersHigley, Bryan, Schwa rtze 1 : None Councilmember'Cummings (resigned) Voting No: Absent: _.,.,.,.-'0"", ., 'J 11 L.J [J CLOCK FOR COUNCIL CHAMBER: Ralph Pokl uda " 5320 Sewanee, presented to City Council an antique clock which he and his wife, Carolyn, wished to donate to the City. The clock was made around the turn of the century by , the' New Haven Company and Mr. Pokl uda had "West University Place" inscribed in the lower glass portion of the 1 kU !:, case. Mr Pokluda agreed to maintain' the clock.. The c oc was appraised at $450.00. Regular City Council Meeting, Octeber 27, 1986 ~>~3 r ~' Mayor Parks and Counci lmembers thanked Mr. Pokluda and expressed their 'appreciation for the dock. Councilmeinbers" agreed the clock woul d be appropri ate for the,Councit:'Chamber. PROCLAMATION INTERNATIONAL PRI'NTING ,WEEK:' Mayor Parks presented and read a proclamation designating the week of January 11 through January 17, 1987, as InternatjOrlaT'Printing Week in, celebration of Benjami n Frankl in's birthday. " LEVYING AN ASSESSING CITY TAXES FOR THE YEAR 1986: Mayor Parks presented Ordinance Number 1269 for the first reading and read the capti on as follows: 1 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 1986 PROVIDING THE BASIS OF ASSESSMENT OF APPRAISED VALUE AND PROVIDING FOR THE COLLECTION THEREOF AT THE RATE OF $0.324 ON'cTHE ONE HUNDRED ($100. 00) DOLLAR ASSESSEDVALUATION~ Copies ,of Ordinance Number: l,269}~:,in the" form 'required for adoption, were available to: all members of City ,Council and a reasonable number of ,addit,ional copies 'available to interested citizens present. n Li Motion was made byCouncilmember Higley, seconded byCouncilmember Bryan, that Ordi nanceNumber 1269 be, accepted on first reading as presented. ' . .' Voting Aye: Voting No: Absent: Maydr Parks, CouncilmembersHigley, Bryan, Schwartzel, ' None 'CoiJ~cHmember,Cummings (resigned) SPECIAL ELtCJION'TO FILL VA€ANCY"ON:CITY , COUNCIL:" Mayor Parks . presentedOrdi nance 'Number: ,1270 and r,ead the'capiton' as foll ows: , , AN ORDINANCE FINDING AND' DETERMINING THAT A VACANCY HAS OCCURRED IN THE OFFICE OF COUNCIL' MEMBER OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; ORDERING A SPECIAL,ELECTIONi TO,,:BE'HELD TO FILL SUCH VACANCY; MAKING PROVISIONS FOR THE CONDUCT OF' SUCH ELECTION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. . j ~ ~ I ' ! I ! I L.J Copi es of Ordi nance Number:.. 1270,' in> the form requi red for adoption, were available to all members of City Council and a reasonable riumberof' additibna.l copies available to interested citizens present. . 'I, Motion was made by Couricilmember Bryan, secondediby Councilmember Hi gl ey, that Ordi nance Number 1270 be.a:cceptedi,as presen.ted on first reading. lj , ' ~ " :-/\' . T1. ,1 of......;. ~ ,... ~.,!..,.,-,- ,,>,....., I,: II'_~. "l"H"'I'I,!\JfcndU<111 ~'I-lIl!li";'I'lil"~111 ;:',I'H:!,ilhi::/'I.ril'ltlJr- rlT':..'::r:":]lill:lITmJIlmr ; '1"'" ! .lI!IImllJnnTIIIL..-L...: .1 I I -~ "f'.iI~LJ. '1IIIl1ll1If\J1lfIHl1'!111ffi "'1 ~ I ,~. . I. '. .'ill '11'11!lnl~ !11,JlmU;,:.III~I~.', ~-'-'----'-----rl "-C,~ Regular City Council Meeting, October 27-,,1986 Voting Aye: Voting No: , :Absent:, , ',1: Mayor,; Parks, Councilmembers Higley, Bryan, Schwa:rtze 1 ' , None , Cou~'Qi!lme'm~eL;Gummi,ngs( resigned) " :l ! I I ~ 4.7 GENERAL' OBLIGATION BONDS', SER'Ii-s. i986,:" Consi derati'o.n.:~a,s, given to the invoice in the amount, of.:, 1.,5,21.25 ,submnted by Fulbright & Jaworski for additional bond counsel services in relation to the 1986 Bond Issue. ~. \.. ; ~~. t,.. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the invoice for additional bond counsel services submitted by Fulbrighr&.Jaworski.,be 'apprO,ved for payment. Voting Aye: Voting No: Absent: . ,,", Mayor par,ksi, Councilmembers Higley, Bryan, SchWarttel _ ' , Nohe , Councilmember Cummings (resigned) SURVEY SERVICES FOR UTILITY PROJECT:" Consideration was given to the invoice in the amount o'f' ,$3,075,.!00 submitted by, Topco Co. , Inc., for survey services in connection with the Cleaning of the 36" Outfall Line on Brompton. o Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the invoice in ,the amount, of $3,075.00 submitted by Topco Co., Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks,"Councilmembers Higley, Bryan, Schwartzel , None ',', ' Councilmemoer ,Cummings (re$ign~d) ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS~ Consideration was g'iven te:the ,following' ,invoices, submitted by Langford Engineering Inc., for engineering services on various utility related projects fdr'a total amount of $14,265.30: , , , , a) Invoice.in the amount ,of. $12,-471.22 for, Priority Area No. 1 Sanitary Sewer:' '. , b) Invoice in the' amount of $1:376.13 for Clean'ing of 36" Outfall line on Brompton. . . . J .,. c) Invoice in ,the amount, of $372.28 fo.r Priority Area No. 2 Water. d) Invoice'in the 'amount"of:$45.67 for Sanitary Sewer Renovation Master' Pl an. n Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the invoices totaling $14,265.30 submitted by Langford Engineering Inc., be approved for payment. ~ n ~C""'~'='~-=""C"'''' Regular City Council Meeting, October 27,1986 ~ .i:i(~U Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) LEGISLATIVE MATTERS: Consideration was given to the invoices in the amount of W89.84 each, for the.. months of October and November 1986, submitted for legislative services provided on the City's behalf. 'Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the invoices totaling $6,579.68 for legislative services provided for the months of October and November, 1986, be approved for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmel1)bers Higley, Bryan, Schwartzel ,.., Nooe, I Councilmember Cummings (resigned) COUNCIL COMMENTS: Councilmember Bryan expressed her appreciation for, the continued helpful attitude displayed by members of the Police' Department, specifically Officer Norris, Corporil Neibur and Officer Unger. STAFF REPORT: Ctty Manager, Mr. Rockenbaugh, distributed copies of "City Currents" for Council's rev)ew and comments. -. Mr. Rockenbaugh advised Council that agenda items No. 16, CONTRACT FOR CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK, and No. 17, EXECUTIVE SESSION, were removed from this meeting's agenda. CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on October 13, 1986, were presented for consideration. Moti on was made by Counci lmember Schwartze 1, seconded by Councilmember Bryan, that the minutes of the regular city council meeting on October 13, 1986; be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the meeting adjourn. Such motion carried and the meeting adjourned at 8:17 P.M. L;,_ , 1.1 _,,---'-'-I. iJ::CJl::c.illIDBMlllUlllI.i ,_ j:IlLWI1jl.L.LflU~t"':..': !'!LttJtliL::...L.:..L .. 'VI,ltli~"iJ";:i-.j.'ilItUi' roo rl'T"i~:"~:l' "illrr,['ItlITImmr i ;(',-ti~, ;~'iEU ! ,II!TI1IEIIllll:J:=IIIL_..L...~ .1.1 ! :,1I11111!11fRl""111Fi'll" 1'1 j ",1, L-Jlll\I'~1 IlllHHU III'H, t. [I -~ Regular City Council Meeting, October 27, 1986 " I :-J,;. .J 1'.1 ,'1 II I , I .! i i I ' U '. . . . ,~-. I ~ ' ;t _' :. .~J,.. : l 'I') ,- !' ',I 't,1 Mayor J( ....1.. f I.. , ; j "J': i ' "oj . I.' ,,. o '!, .1 u '_7 ' , ,c ' l~~;, , T. :xt" . D SPECIAL CITY COUNCIL MEETING NOVEMBER 3, 1986 , 7:00 P.M. . - . . i, \ _;;., , City Cou~cil ~convened in special session in the City Hall Council Chamber" "l~&nO~,Jtrrtver~-W,.,".~.s;lLl~v'ard, in the City of West University Place, bn~onday, ~6vemDer 3, 1986, with the following members present: Mayor Parks, presiding; Councilmembers Higley, Bryan, and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Operations, and the Superintendent of ' Utilities. PEMBERTON AND BELLE COURT SUBDIVISIONS WATER PROJECT. PRIORITY AREA NO. 1: Consideration was given to matters concerning Pemberton and Be11e Court Subdivisions Water Project, Priority Area No.1, including substitute contract arrangements tendered by Fidelity and Deposit Company of Maryland (Ella Contracting Inc., as substitute contractor). ' o The City Attorney, Mr. Dougherty, advised Council that the City was not required to go through another bidding process in the case of Y & H Associ ates' Abandonment of Contract on the Pri ori ty Area No. 1 Water Project. Mr. Dougherty presented a memo summarizing the progress that representatives of the Bonding Company for Y & H Associates, Fidelity & Deposit Company of Maryland, (IIF&DII), and of the City have made on the following claim: Claim No. 527-853-6 - Bond No. 992 70 78 Principal: Y & H Associates Obligee: City of West University Place Project: Water .Line Replacement in Pemberton and Belle Court Subdivision (Priority Area No.1) Job NOL 119-07, Contract No. 4 n , .J. : .lflJI[lIlnn:I::llL___l..... : ..1. :~lltIO'lt'fllltqlr', 'I Ill! ~II.. L-l''i"''.JIl 1'lllIl"Il1U Ul.hl I II ....1 I _< ~ ~ I " ''-'TJ Special City Council Meeting, November 3, 1986 case a back-charge) "ot' of.fset 'against (in the case of a IJ::_ credit) the sum 'of'~$J8~?42.17, and the resulting total will be paid to the City'at'least three days prior to the due date for the first pay ,estimate of Ella Contracting, Inc. (3) F&D, agrees to reimburs.e the City for costs incurred by the City to cure any defects in materials, or workmanship of the work in place' '(which ,is' not removed), but only those defects discovered' within two Jears 'following the date that a certificate of' ffrial to~pletion is issued for' the entire , project. !' " , "j (4) F&D and the Ci ty hav~ agreed upon three out-of-pocket costs, which are $350 ,forunpatd.rent on the maintenance yard, $1,200 for clean-up of,'theyard and $619.81'for, back-filling bore pi ts.' These costs wi 11 be reimbursed to the Ci ty at the ~~me time as item #2. (5) The parties are continuing to negotiate on other items, and this memorandum does not dispose of them. (6)' F&D agrees to "defend 'and indemnify the City (and its officers, agents and' employees) from and against any and all claims, demands and causes of action brought, by Y & H Associates, its le:nde:r'bank,' its suppliers, contractors or 0 materialmen or other, persons claiming by, through or under Y & H Associates." ' , I The memorandum will not take eff~ct until all of the following have occurred. (a) City Council has approved and authorized it. (b) - I t has been signed on behalf of both F&D and the Gi ty. (c) Ella Contracting, Inc . has signed the contract documents and submi tted the ,requi red insurance and bonds to the City with in the time' allotted by the City's Director of Utilities. FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Isl 'William C. Sherk William C. Sherk, Claims Attorney CITY OF WEST UNIVERSITY PLACE By Mayor The City Attorney further 'adyised 'Council that F&D had signed the memorandum and recommended Council's approval. n Special City Council Meeting, November 3, 1986 g~ u Moti on was made by Counci lmember Bryan, seconded by Counci lmember Schwartzel that City Council accept the terms of the agreement with F&D as presented, authori zing the Mayor's signature, and, further, that City '-Council award the completion contract for construction of Water Line Replacement in Pemberton and Belle Court Subdivisions (Priority,Area No.1) to Ella Contracting, Inc. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) o PHASE l~ PRIORITY AREA NO. I SANITARY SEWER PROJECT: Consideration was given to matters relating to the proposed contract for Phase I, Priority Area No. I Sanitary Sewer Project. " When the bids were received for construction of Priority Area I Phase I Sanitary Sewer Rehabilitation, Bay town Construction Company was low bidder with the amount of $737,600. This amount included a 1 1/2 inch Type D Hot Mix Asphaltic Concrete Pavement (Bid Item #26). However, because of other utility projects planned for this construction area, city staff recommended the deletion of Item #26 from the specifications. Should City Council decide to delete Item #26, city's1:af,f would then'recommend the release of their bid bond should Bay town Construction Company choose to withdraw their bid. In the event; Bay town withdraws 'their' bid; ,city staff and Langford Engineering Inc. are prepared to:recommend the project be'awarded to Whitelak Inc., the second low bidder,' at the bid price of $706,055. i This figure 'reflects' the'~ deleti'on of Item #26 in White 1 ak IS ori gi na 1 p:roposa 1. ", , , Councilmember Schwartzel ,recommended City Council authorize the release of Bay town Construction's bid bond upon receipt of withdrawal of their bid. ' City Council agreed, and subject to that occurring, would consider awarding the contract to Whitelak Inc; at the next regularly scheduled council meeting on November 10, 1986. i : j ~ . _ I." , Motion was made'by-Councilmember' Higley,:seconded by Councilmember Bryan, that ,Ci ty Counci l' author;,ze the: de 1 eti on of Item #26 from the proposal submitted by Bay town Construction Company. Voting Aye: Mayor Parks,Councilmember,s Higley, Bryan, Schwartzel Voting No: 'lNone:. , ":' j Absent: Councilmember Cummings (resigned) ~ , n CONTRACT FOR CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: Consideration was ghlen ,to.imatters,:re'lating to the contract City Hall asbestos removal and miscellaneous work. I, ; for II I 'I 11 ,'., ",]" ,r-1" I' I I :' J,illliIIU'IittIIIII". ., --,. -'11-nTIITI1IITl1" j . ..I. I .IJ!El[lIlIlFl:!!llL,..l..... .. J. :.!JIIII!lHtf'!P.1'lI1I1 hiI' L r It!~ lik." ; 'ill,' L.:..,11 1111111 ---------,-r "II.lIWiUl)'rlll I, ~~~ ~~ 1'..1 , 180 Special City Council Meeting, November 3, 1986 The City Attorney presented information relating to: the contract IU', and the number of problems at issue. "These include: (i) failure to 'provide certa in medi ca 1 reports; ( i i ) controvers i es wi th subcontractors and other third parties claiming payment in connection with, the work; and (iii) serious shortcomings in the insurance David Evans Contracting, Inc. ("DEC") wasrequi red to provide. The parties have reached a settlement of their disputes, and they hereby agree as follows: (1) Insurance. The City releases DEC from its obligation to provide the, full '$5,000,000.00 in liability insurance for the asbestos'removal portions of the work and agrees to accept certain policies written by the Citizens National Assurance Company, as follows: (a) ,Each 'policy shall be in the same form as that previously 'submitted to the, City by Waste Envi ronmenta 1 Technology, Inc. ("WET"). (b) The policies, -together, must have an aggregate limit of liability of at least $1,500,000.00 per ,occurrence." (c) endorsements addi ng the and waiving subrogation agents, officers and l L Each pol icy must 'contain City as a named insured against the City, its ,employees. At "Closing", hereinafter defined, DEC shall deliver to the Ci ty certi fi ed copi es of the pol i ci es, as issued, together with an appropriate certificate, signed by a duly authori zed ,agent of the issuer,' stating unequivocally that the policies, are in full force and effect as of Closing. (This insurance shall be in addition to the insurance previously shown on the certificates submitted by DEC.) (2) Special Indemnities. DEC and WET, shall each make, execute and de 1 i veran indemnity agreement as shown in the attached Exhibit A, at Closing. (4) ,- Pri ce Adjustment. The Contract Sum is reduced from $284,250~00 to $243,700~00, and the City shall pay to OEC at Closing (subject to DEC providing all items required of it or WET), the sum of $62,504.00, which is the full and fi na 1 payment due to DEC under the Contract as adjusted. Litigation. At Closing, DEC shall make, execute and del iver an "Agreed Motion to Dismiss", (and the attached Order) as shown in the attached Exhibit "B", for the pending litigation therein described, and DEC agrees II (3) Special City Council Meeting, November 3, 1986 OS1 tha tit will nei ther commence nor prosecute any litigation raising the same or similar issues against the City or any of its agents, officers or employees. Nothing in this workout agreement affects any duties or ob 1 i gati ons under the Contract or under the surety bonds for the Contract, except as explicitly described above. The proposed workout agreement, a stated above, is the comp 1 ete and fi na 1 vers i on of the workout between DEC and the City, and there are no enforceable negoti ati ons or pri or agreements of this sort (other than the Contract Documents themselves, which are defined in the Contract). "Closing" means a meeting to be held on Tuesday, November 11, 1986, at 9:00 A.M., at the Municipal Building, 3800 University Boulevard, Houston, Texas, or at such other time and place as the City's Director of Operations and DEe may agree upon. This proposed workout agreement will not take effect until it has been approved by the Architect, the Ci ty Counc i 1 (for the City), DEC, WET and DEC's surety company. D'i ,I ,I APPROVED: CITY OF WEST UNIVERSITY PLACE AMWEST SURETY INSURANCE COMPANY By By Name: Title: Date: Name: Title: , Date: DAVID EVANS CONTRACTING COMPANY, INC. By JOHN F. HOUCHINS, A.I.A. By Name: Title: Date: Name: Title: Date: WASTE ENVIRONMENTAL TECHNOLOGY, INC. By Name: Title: Date: II u Exhibit "A" and Exhibit "B" attached. L I.J _'--"-.1. _JUL'L-,llSilli~' r-:-:-r::iIn:TJ-::-:l "!' 1"I";"IU+LMIIIj' 1--:-""~ .'...-..mJL,l,lrIlII]!I;nI. j ~ ~'2 /"'~ ," , . ,'., ii j I '~ u u ~;~- . ..~ : \. . ~ o E X H I BIT A D o 1~:l:'~:::::::I. .-:,--. ..r ~~11I~ j'S"f.Ja, ~.. 8 :8~ ' ~ DD!lJ:I:I: .......... . . I "1ftTT ._ . .~. .11 r - ~ - , . I I" 1 ! I ~ J <<u' J , i r1 ~ o u L...._ , ;, .?, fHE SfAfE OF fElAS COUNTY OF HARRIS s s 8tlr PINAL WAIVER OF LIEN AND INDEMNITIES WHEREAS, the undersigned, David Evans Contracting, Inc. (hereinafter rererred to as "CONTRACTOR"), has acted as general contractor for work on structure(s) and improvements situated in Harris County, State of Texas, known and described as: Municipal Building, City of West University Place, 3800 University Boulevard, Houston, Texas, owned by the City of West University Place, Texas ("OWNER"); and, WHEREAS, the undersigned hereby acknowledges payment in full for all services, labor or materials furnished for the improve- ment of the property above-referenced; and, WHEREAS, the undersigned is desirous of finally releasing and waiving any and all liens and claim or right of lien which may otherwise exist'for services, labor, or materials furnished for the improvement of the property above-referenced; NOW, THEREFORE, for and in consideration of One ($1.00) Dollar 1n hand paid, and other good and valuable consideration, receipt and suffiCiency of which is hereby acknowledged, the undersigned does hereby waive, release and quitclaim any and all liens and claim or right to lien on said above~described building(s) and the real estate upon wh1ch the same 1s (are) located, as against such true owner thereof, or others, for the amount of such work done, or the materials furnished, or the value of such services performed or furnished, and for all other sums and rights under the Statutes of the State in which the pro- perty is located, relating to mechanics' liens and materialmen1s liens (or other such liens of any nature), whether such labor, services or materials are fully described and identified herein or not, but which were heretofore furnished by the undersigned for improvement of the building(s) and real estate above- described. It is the express intention of the undersigned, with full knowledge and understanding of provisions of law for his (its) rights that, by execution of this document, the same shall operate as an unconditional release of the Owner from any and all claims, which the undersigned mayor might have against it, in any way, arising out of the Job herein concerned, and acknowledgment of satisfaction and payment in full of all sums due to the undersigned, and further shall operate as a complete discharge, release and waiver of the undersigned's mechanic's lien and materialman's lien (and any other such lien of any nature) for any and all work and labor done and performed, or any and all material, or both, furnished on the above-described pre- mises. The individual executing this document personally affirms and warrants under oath, and subject to penalty of law for false swearing, that all laborers performing work upon the aforemen- tioned premises have been fully paid, and that none of such laborers or contractors have any claim, demand or l1en against said premises, and that all supp11ers and materialmen furnishing supp11es or materials for use 1n the aforementioned premises have been fully pa1d, and non~ of such supp11ers and materialmen have any claim, demand or lien against sa1d premises. The indiv1dual signing below further personally affirms and represents, under oath, that no financing statements, chattel mortgage, conditional bill of llale, retent10n 01' t1 tle agreement, or other security instrument, have been given or executed for, or 1n connect1on with, any material, appliances, machinery, fixtures or fur- nishings placed upon, or installed in the aforementioned premises -1- [ ~T"~ .....,'J. _ ~.. -" -1-" ~JDmIITflIlT- .., wU,..'! :1..., ,,;Ill . .L -;"%6 I ....m:::r: .OJ _ --117 L.J::::II!!I .. . !I" . I I r- - . TI - -r ., IJ u II "... ,\..~. bl the legal entltl on whose behalf he executes th1s document or b, an, part, 1n connect10n with the work. f~i ;~ 7 <,t: ~3' The unders1gned does hereby agree to defend, 1ndemn1fy and hold harmless the Contractor, the Owner, and the off1cers, agents and employees of the Owner from any and all claims, act1ons, or demands 1n any way ar1s1ng out of, or related to, the underslgned's furn1shlng of serv1ces, labor, or materlals upon the aforementloned premlses, whether sald cla1ms ar1se between the undersigned and the persons lndemnified hereunder, or from other persons connected to the above-described job and who may be known or unknown to Contractor or said Owner, and whether said claims be direct or indirect. The undersigned agrees to indem- nlfy sald partles as to any and all costs, includlng reasonable attorneys' fees, 1ncurred as a result of any and all cla1ms made aga1nst any of them, by or through the unders1gned or actions on the part of part1es connected to the work on the aforesald preml- ses, whether sa1d cla1ms or actlons are direct or 1nd1rect. The undersigned shall also defend and indemnity the Owner, and its otflcers, , agents and employees, and hold them harmless trom and against all costs arlsing out of or relating to the medical condltion of the employees whose medical reports are mlsslng (Mr. Ray Allen Davis SSI~50-23-l367 and Mr. Daniel Marquette aka: Dan, Danll, Danial S81508-90-0256). "Costs" lnclude not only liabilities imposed but also expenses of investigating, defending and settling any such matters whether groundless or not. The costs shall be pald dlrectly to persons deslgnated by the Clty or relmbursed to the City, as the City may request, but in any event, each payment shall be made within 60 days following the date of the corresponding request. The underslgnedacknowledges that this Agreement shall inure to the benefit of not only the Owner (and its officers, agents and employees) hereinabove named, but also their respective heirs, successors, or ass1gns. If this Agreement Is executed on behalf ot a corporat10n, the indlvidual s1gn1ng the same, further and additionally warrants and affirms that he has authority, and is authorized to, bind the Corporat10n by h1s execution of th1s Agreement, and if the same is being executed for a partnership, the ind1vidual signing warrants and affirms he is a General Partner w1th authority to bind the Partnership. The person(s) signing this Agreement acknowledge(s) reading and understanding the same, and being individually sworn on oath before execut1ng the same, this _day of , 1986. rI !~ o David Evans Contracting, Inc. By: Corporate Off1cer - Title Attest: Secretary SWORN TO AND SUBSCRIBED before me, this . 1986. day of [', ' 1 ~ __I ~ : =.:L r-' Notary Pub11c, 1n and for the County of State of -2- IIr ~, '€fJ.l:. 'JIlIIIIlIl!:L~ < 'J1II1II!llr L::::[,lJEl:.-L~_-T _ _ -,,'] , "I I ,; ./ '~ " . C~':""':"TI --'1 iJ o ] \. <,'" ~.: THE STATE OF TEXAS COUNTY OF HARRIS s s g{B' "':;':' o I ' L~ FINAL WAIVER OF LIEN AND INDEMNITIES WHEREAS, the undereigned is a subcontractor, materialman, mechanic, or other pereon furnishing services, labor or materials, at the instance and employment of David Evans Contracting, Inc. (hereinafter referred to as "CONTRACTOR"), for the atructure(s) and improvements situated in Harris County, State of Texas, known and described as: Municipal Building, City ot West University Place, 3800 University Boulevard, Houston, Texas, owned by the C1ty of West University Place, Texas ' ("OWNER"); and, WHEREAS, the undersigned hereby acknowledges payment in full for said services, labor or materials furnished for the improve- ment ot the property above-referenced; and, WHEREAS, the undersigned is desirous of finally releasing and waiving any and all liens and claim or right of lien which may otherwise exist for services, labor, or materials furnished for the improvement of the property above-referenced; o NOW, THEREFORE, for and in consideration of One ($1.00) Dollar in hand paid, and other good and valuable consideration, receipt and sUfficlencY of whlch is hereby acknowledged, the undersigned does hereby waive, release and quitclaim any and all liens and claim or right to lien on sald above-described bullding(s) and the real estate upon which the same is (are) located, as against such true owner thereof, or others, for the amount of such work done, or the materials furnished, or the value of such services performed or furnished, and for all other sums and rights under the Statutes of the State in which the pro- perty Is located, relating to mechanics' liens and materialmen's liens (or other such liens of any nature), whether such labor, serv1ces ormater1als are fully described and 1dentified herein or not, but which were heretofore furnished by the underslgned for improvement of the building(s) and real estate above- descr1bed. It 1s the express 1ntent10n of the undersigned, with full knowledge and understanding of provislons of law for his (its) rights that, by execution of this document, the same, shall operate as an unconditional release of Contractor and the Owner from any and all claims, which the undersigned mayor might have against them, in any way, arising out of the job herein con- cerned, and acknowledgment of satisfactlon and payment in full of all sums due to the undersigned, and further shall operate as a complete discharge, release and waiver of the underslgned's mechanic's lien and materialman's lien (and any other such lien of any nature) for any and all work and labor done and performed, or any and all material, or both, furnished on the above- described premises. The individual executing this document personally affirms and warrants under oath, and subject to penalty of law for false swearing, that all laborers and contractors employed by the legal entity on whose behalf he executes this document or by contrac- tors of such entity upon the aforementioned premises have been fully paid, and that none of such laborers or contractors have any claim, demand or lien against said premises, and that all suppliers and materialmen furnishing supplies or materials for use in the aforementioned premises have been fully paid, and none of such suppliers and materialmen have any claim, demand or lien against said premises. The individual signing below further per- sonally affirms and represents, under oath, that no financing statements, chattel mortgage, conditional bill of sale, retention -1- n c-- <--- ~ - ...--..... I,. :,,(AO'i ~ 5 ~;J..lt ' ,. ,~J!!IJ[J]JJJjJ::[, ' JIt1l1lnll~'!' I r-- t=1"n:::!..~I .._:, _ L..:,_,_ ~J, .. ] ~l u J ~'..~. D c o f" ot title agreement, or other security instrument, have been &iven o~ executed tor. or 1n connect1on w1th, any material, appliancea, machinery, fixtures or furniahings placed upon. or installed in the aforementioned premises by the legal entity on whose behalf he executes thls document or by any contractors of such entlty. The undersigned doe3 hereby agree to defend. Indemnify' and hold harmless the Contractor. the Owner, and the officers, agents and employees of the Owner and the Amwest Surety Insurance Company. Surety, from any and all clalms. actions, or demands In any way arlslng out of. or related to. the undersigned's fur- nishing of services. labor. or materials upon the aforementioned premises. whether said clalms arlse between the underslgned and the persons 1ndemnifled hereunder. or from persons who have dealt with the underslgned or Its contractors on the above-described Job and who may be known or unknown to Contractor, said Owner. or said Surety, and whether said claims be direct or indlrect. The undersigned agrees to Indemnify said parties as to any and all costs. includlng reasonable attorneys' fees. Incurred as a result of any and all clalms made against any of them. by or through the undersigned or actions on the part of part1es dea11ng with the undersigned In reference to the aforesaid premises. whether said claims or actions are direct or indirect. The undersigned shall also defend and indemnify the Owner, and Its officers. agents and employees, and hold them harmless from and agalnst all costs arising out of or relatlng to the medical conditlon of the employees whose med1cal reports are miSSing (Mr. Ray Allen Davis SS6450-23-1367 and Mr. Daniel Marquette aka: Dan. Danll, Danial SSI508-90-0256). "Costs" include not only liabilities Imposed but also expenses of investigating. defending and settling any such matters whether groundless or not. The costs shall be pa1d directly to persons designated by the City or reimbursed to the City, as the City may request. but in any event, each payment shall be made within 60 days following the date of the corresponding request. The undersigned acknowledges that this Agreement shall inure to the benefit of not only the Owner (and its officers. agents and employees) hereinabove named, and the above-named Surety, but also their respective heirs, successors, or assigns. If this Agreement is executed on behalf of a corporation, the individual signing the same, further and additionally warrants and affirms that he has authority, and is authorized to, bind the Corporation by his execution of this Agreement, and if the same is being executed for a partnership. the individual signing warrants and affirms he is a General Partner with authority to bind the Partnership. The person(s) signing this Agreement acknowledge(s) reading and understanding the same. and being individually sworn on oath before executing the same, this______ day of , 1986. fll~Jo 1 J i..-"v Waste Environmental Technology, Inc. By: Corporate Officer - Title Attest: Secretary SWORN TO AND SUBSCRIBED before me. th1s . 1986. day of 544evanswaiv/l I', Notary Publ1c, 1n and for the County of State of -2- [;'" , ".,T~~"'U"'" 'llhl,lrill'" ----.- n:~r9f!"''lffr.JI' I ~I :>~; ~ 2 --m:n. "--.. . I I 1'"'"1TJIT- - ,.~ r- - . TL -r -\ ~ I ---/' L~ . '.~. , { n LJ! o 11 \,_: r- - -~==t.: '===:1 I~ ~ E X H I BIT B ~'-::::Ii...~ll 5~~3, I " II dUll' ~:TI[!]lITill ' ~...l .:In '~9~ ~ J!Jll.ll:lillLJ.,~~ ~ .III!" II LI,U.:J. ' , ~, ,: I I L 1.1 I ~..J,l il \ ' o o ,-----, 1 J ~"', \ .~ .}\o. .~\,. ~", i rl 8 Q o L~", r:'~== No. 86-1176118 'lGP ;'~~ .' t >. .~':~ DAVID EVANS CONTRACTING. INC.. S Pla1ntiff S vs. S THE CITY OF WEST UNIVERSITY S PLACE, WASTE ENVIRONMENTAL TECH- S NOLOGY, INC.. and POLY- S TECH TECHNICAL SERVICES. INC. S Defendants IN THE DISTRICT COURT OF HARRIS COUNTY. TEXAS 3311TH JUDICIAL DISTRICT AGREED MOTION TO DISMISS TO THE HONORABLE JUDGE OF SAID COURT: NOW COME, David Evans Contracting, Inc., Plaintiff. and The City of West University Place, Texas, Defendant ("West University"), which would Jointly sholl unto the Court as 1'011011: Plaintiff and Defendant West University advise the Court that they have settled the Plaintiff's claims against Defendant West University, and they Jointly move that the Court dismiss Plaintiff's action against Defendant West University. with preJu- dice against ref11ing same, upon the terms stated in the attached Order of Dismissal. Respectfully submitted, COLE & DOUGHERTY By: James L. Dougherty, Jr. State Bar No.: 06035200 5300 Memorial, Suite 1070 Houston, Texas 77007 (113) 880-3800 Attorney for Defendant City of West Univers1ty Place LENDAIS & ASSOCIATES By: Orval Lee Marloll, II State Bar No. 130011300 5718 Westhelmer, Suite 2121 Houston, Texas 77051 (713) 7811-0026 Attorney for Plaintiff 511(~):wup.motl f~' ,-, .._.~ <" ''''':'- T:mUITllIrnr :- l~ 1.. kIU:=L, ' . II. i lfllll . 1 <~ :~,,;:u . .101111111 _III,. . ". rllll 1_..1 n I I .. n ~ J il LJ o l L c :iY~ ( {l:" No. 86-1176118 DAVID EVANS CONTRACTING, INC., S Plaintiff S va. S THE CITY OF WEST UNIVERSITY S PLACE, WASTE ENVIRONMENTAL TECH- S NOLOGY, INC., and POLY- S TECH TECHNICAL 'SERVICES, INC. S Defendants IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS 334TH JUDICIAL DISTRICT ORDER OF DISMISSAl On this date thel'e came on to be heard the "Agreed Motion To Dismiss" of David Evans Contracting, Inc., Plaintiff, and The City of West University Place, Texas, Defendant ("West University"), and the Court having considel'ed said Hotion and having determined that such dismissal will not prejudice any other party, does hereby ORDER, ADJUDGE AND DECREE that Plaintiff's action against Defendant West University is hereby dismissed with prejudice against refiling same, that Plaintiff take nothing by its suit against West University, that all relief requested by Plaintiff, including damages, attorney's fees, interest, costs and other relief are denied to Plaintiff and that Plaintiff shall pay his costs and any costs of West University, if any, for which execution may issue. SIGNED ON this day of ,1.9.. . JUDGE PRESIDING 334TH DISTRICT COURT, HARRIS COUNTY, TEXAS APPROVED AS TO FORM AND SUBSTANCE: COLE & DOUGHERTY LEN DAIS & ASSOCIATES By: James L. Dougherty, Jr. State Bar No.: 06035200 5300 Memorial, Suite 1070 Houston, Texas 77007 (713) 880-3800 Attorney for Defendant City of West University Place By: Orval Lee Harlow, II State Bar No.: 13004300 5718 Westheimer, Suite 2121 Houston, Texas 77057 (713) 784-0026 Attorney for Plaintiff 511 (II) : wup. ord 1 1:..---;- J--:t _ -~=-:1 ~'.' ".-.. - r~~...L......l:ll...l~ ,Ill '-- ~- '-"""~:----~~r.1--"'_""""'" " f ~Q& '~; ,ll!IllJlllllll;;JLL",,~ , " ......,i JII!~) II , 'i .~. ';-..... ~ V .~'-" \.r "<:'t~... "....-- -------cr:-~.-_. _ -~ 1:::: LI. . ,] l~ n ~ J ~ Special City Council Meeting, November 3, 1986 . n Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that Ci ty Counci 1 ',approve the agreement but authori ze execution of the agreement subject to assurances on the open releases and paid insurance premiums, such assurances to be at the discretion of the City Manager and City Attorney. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan Councilmember Schwartzel CouncilmemberCummings (resigned) EXECUTIVE SESSION: City Council did not find it necessary to convene in Executive Session. ADJOURNMENT: With no further bu~iness to come before Council at this time, motion was made and seconded that the meeting adjourn. Such motion carried and the meeting adjourned at 8:40 P.M. o a~~:k.. Audrey i hols City See etary , I 1"" J I, 1 I 111l~f-tIIlr.- f t~Il'" 'I I Ii' 'jl I. 1.IIW'I'l,;dlll' ... .T" "111~Hlnll'lll1i1l" ; "I r I ..lllITII!l!InI1l~'IIT.....-L.._ , .!III_III nImI.p I,!!. I L..Jl"TJIllTfr'~ '--"-T- ~- Illjllrl~t'I,)II, ...........,..-----'--Tl~ -------,------. I-tf6t REGULAR CITY COUNCIL MEETING NOVEMBER 10, 1986 7:30 P.M. City Council convened in regular session in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday, November 10, 1986, with the following members present: Mayor Parks, presid.ing;, Councilmembers Higley, Bryan, and Schwartzel. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, Chief of Police and Superi~tendent of Utilities. Councilmember Schwartzel delivered the invocation and led the All~giance to the Flag. HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. I There were no~e" present who wished to speak concerning an agenda item . ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing an item from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) THANK YOU9 JIM GOODE: Mayor Parks recognized Jim Goode and his wife, Kate, and announced that the members of City Council wished to express their appreciation to Jim Goode. Mayor Parks read the following resolution: RESOLUTION NUMBER 86-09 WHEREAS, Jim Goode is a resident of City of West University Place; and WHEREAS, Jim Goode is a 1 so an entrepreneur and owner of restaurants near the City of West University Place; and WHEREAS, Jim Goode has generously donated time, food and labor to the Little League of West University Place allowing the Little League a direct profit on fund raising projects; and n o u Regular City Council Meeting, November 10, 1986 1d\f:~, n u WHEREAS, Jim Goode has also generously donated time, food and labor to the West University 'Elementary 'School allowing a substantial amount of funds to be raised to help children; and WHEREAS, Jim Goode has also generously donated time, food and labor to the City of West University Place Police Department Association, which in turn'benefitsworthy organizations; and WHEREAS, the City CounCil desires to recognize Jim Goode for his generosity and his many contributions to the citizens and employees of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: D Section 1. That the City ,of West University Place, Texas, acting by and through its duly authorized City Council, hereby commends Jim Goode for his many generous, contributions to the residents, the employees and the city. Section 2. That the City Council , on behalf of the citizens and employees who have benefited by Jim Goode's generosity, expresses its grateful appreciation to him. Section 3. That this Resolution be spread in ,full upon the mi nutes of the Ci ty Counci 1 and that the Mayor be, and he is hereby, authorized to' deliver to Jim Goode a true copy hereof, signed by each member of the Ci ty Counci 1 .. " ,> Isl Michael L. Parks j Michael L. Parks ,Mayor , i (SEAL) Is/. Laura C. Higley, ' Laura C. Higley, Councilmember <":; c: ,:" '. j., Isl C. Boone Schwartzel C. Boone Schwartzel, Councilmember ATTEST: r, ' '.", : ~r ':. '. J , '~ (, ,-' Isl Audrey Nichols Audrey Nichols, City Secretary i ' . ',r r -'!,~: 1.1' L(li i I : ; 1 " ,. I ~ n Approved as to Form: ',I', Isl James L. Dougherty, Jr., James L. Dougherty, Jr., Ci ty Attorney ,. ---I. '1111I'U1'!IIII' lL_.cl.."'III~ I . 1'1 ~tll r j "1111'llillltl~llIi'i .... .... .. .r '][][mnmillililr' I '1' '.,,1. .J. ,Jmrn:l!IllIllJtlll._: ~L I .,.."..1. .. ~:JIl111l1tl"'1lf11~P1<h..'-1 l I,~ It. . .1 I 11'111",1'--] ""-T' ~-III,Hllll,I~II. ~-T-:T~-'---------------"'T 'r"'.'-'- , lot Regular City Council Meeti,ng,'No!vember 10, 1986 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) u Motion was made byCouncilmember Bryan, seconded by Councilmember Higley, that Resolution Number 86-09,be adopted as read. The Resolution was presented to ,Jim Goode. PROCLAMATION NATIONAL BIBLE WEEK: Mayor Parks presented and read a proclamation designating the week of November 23-30, 1986, as National Bible Week. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the Proclamation be accepted as read. Voting Aye: Mayor 'Parks, Councilmembers Higley, Bryan, Schwartzel Voti ng No: ' None , Absent: CouncilmemberCummings (resigned) LEVYING AND ASSESSING CITY TAXES FOR THE YEAR 1986: Mayor Parks , presented Ordinance Number 1269 for the second reading. caption was read as follows: The 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 1986 PROVIDING THE BASIS OF ASSESSMENT OF APPRAISED VALUE AND PROVIDING FOR THE COLLECTION THEREOF AT THE RATE OF $0.324 ON THE ONE HUNDRED ($100.00) DOLLAR ASSESSED VALUATION. u Copies of Ordinance Number 1269, in the form required for adoption, were, available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by Couuncilmember Bryan, that Ordinance Number 1269 be adopted on second reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) SPECIAL ELECTION TO FILL VACANCY ON CITY COUNCIL: Mayor Parks presented Ordinance Number 1270 for second reading. The caption was read as follows: u iOI Regular City Council Meeting, November 10, 1986 n AN ORDINANCE FINDING AND DETERMINING THAT A VACANCY HAS OCCURRED IN THE OFFICE o~'tbuNctLMEMBER OF THE CtTY OF WEST UNIVERSITY PLACE, TEXAS; ORDERING A SPECIAL ELECTION TO BE HELD ,TO FILL SUCH VACANCY; MAKINGPROVISlONS FOR THE CONDUCT OF SUCH ELECTION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.- Copies of Ordinance Number 1270~' in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present.' ' - Motion was made by Councilmember Higley, seconded by Councilmember Schwartzel, that Ordinance Numb~~,1270 be adopted-on second reading. Voting Aye: Voting No: Absent: Mayor'Parks, Councilmembers,Higley, Bryan, Schwartzel ' , None Councilmember Cummings (resigned) SIGN ORDINANCE: Mayor Parks presented and read the caption of Ordinance Number 1271 as fol~ows: 'J'.' j o AMENDING ORDINANCE NO. 1266, PASSED AND APPROVED OCTOBER 13, 1986, RELATING TO SIGNS AND PERMIT FEES; CONTAINING 'FINDINGS AND PROVISIONS RELATED TO THE SUBJECT~'~ City Attorney, Jim Dougherty, advised Council that the amendment affected Subsection (c)'of Section,,6'whichby ad0ption of Ordinance Number 1271 would establish that the fee for the issuance of a portable sign permit shall be the lesser of (i) $15 or (ii) $0.10 per square foot of display area of signs permitted for times when the event of festival is not actually being held plus $5.00 for all miscellaneous"signs withiri'a defined area when the festival or event is actually held (if they are included in the permit). ' ' Copies of Ordinance Number 1271, in the form required for adoption, were available to:all'membersof City'Council and a reasonable number of additional copies available to interested citizens present. ' - Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that' Ordinance Number 1271 be adopted on first and final reading as presented. - n Voting Aye: Voting No:' Absent: Mayor Parks',': Councilmembers Hi gl ey, Bryan, Schwartzel None '." Gounci'lmember ,Cummi ngs;( resi gned) I .,mrrn:mIIIllJEm,..:,~L... lOGl ]Jfl'll"llmn~ill I' I I I I I1"TJ'Tl1'iT-Tn~~ Tl 1IIIIIJ1.'UIJ'I',111 ~ II -I II '. -', ~I..o ~ ~.......>-' ; ~ - ~ ,,>_. ~<. ~_' Regular City Council Meeting, November 10, 1986 PRIORITY AREA NO. l, PHASE 1 WATER: Consideration was given to authori'ze~adverti si ng, for, bi:ds for, constructi on; of Pri ority Area No.2, Phase 1 Water Renabilitation Project in the Rice Court and Monticello Subdivisions. I i , I L-J . .., . Motion was made by Councilmember Schwartzel, sec,onded by Councilmember Higley, that City Council authorize advertising for bids for,construction of Priority Area No.2, Phase .1 Water Project as requested. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, ,Bryan, Schwartzel None , " , Councilmember Cummings (resigned) ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration was given to the invoices submittted by Langford Engineering Inc., for engineering services' on various utility related projects for a total amount of $2,524.82 as follows: a) Invoice in the amount of $1,619.10 for Priority Area No. 2 Santtary Sewer; and b) Invoice in the amount of $905.72 for Priority Area No. 1, Phase,2, Sanitary Sewer. , , Motion was made byCouncilmember. ,Schwartzel, seconded by Councilmember Higley, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. II , I I i U Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers 'Higley,Bryan, Schwartzel None ;, Councilmember Cummings (resigned) PURCHASE OF PATROL CARS FOR POLICE DEPARTMENT: Consi.deration was given to the request for authorization to purchase four 1987 patrol cars through Houston Galveston Area Council for a total cost of $49,239.52, delivery scheduled for February 1987. Motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that City Council authorize the purchase of the patrol cars through Houston Galveston Area Council at the cost of $49,239.52. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) :~\ U LEGAL SERVICES: Consideration was given to the invoice in the amount of, $3,266.91 submitted for legal services provided on the City's behalf for the month of October 1986. Regular City Council Meeting, November 10, 1986 l'D6~" " n Motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that,the invoice in the amount of $3,266.91 be approved for payment. Voting Aye: Voting No: Absent: Mayor Par.ks, Councilmembers ,Higley,~, Bryan, Schwartze l' , None , ' Councilmember Cummings (resigned) IBM E UIPMENT: Consideration was given to the invoice in the amount of 7,000.00 submitted by IBM Corporation for central processing unit adaptor and accessories. Motion was made by Councilmember Schwartzel, seconded by Councilmember Higley, that City Council approve the invoice in the amount of $7,000.00 for payment. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) COUNCIL COMMENTS: Councilmember Higley reported the dumpster at St. George Orthodox Church was still not properly placed. Mayor Parks suggested the dumpster contractor be contacted by city staff to advise the company of the City's set back requirements. o Councilmember Bryan inquired if the results of the Metro Survey had been sent to Metro. City Manager, Mr. Rockenbaugh, advised the results had been mailed, but at this time, staff had not received any feedback from Metro. Councilmember Bryan suggested the parking of recreational vehicles be discussed at a workshop session. Councilmember Higley congratulated city staff on the Open Houses for the Seniors Wing at the Community Building and the remodeled City Hall. Councilmember Higley also congratulated staff on the Spooktacular event for Halloween night. STAFF REPORT: City Manager, Mr. Rockenbaugh, advised Council that the next workshop session was scheduled for Novembe~ 20th. CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on October 27, 1986, and the special city council meeting on November 3, 1986, were presented for consideration. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the minutes of the regular city council meeting on October 27, 1986, and the special council meeting on November 3, 1986, be approved as submitted. n Voting Aye: I ~ --'l - I 'L.l tL . A.. Mayor Parks, Councilmembers Higley, Bryan, Schwartzel . ( 1 cW' I---:l . I I "a~." """"11;" . ...... ,I,n In~n1rnllll- I 'r" . , . ...1, 1~,~~ "', ,,\)'J}, I ..:llIIEIlllIllIllJ[Ill_..X.... ~ tIlfll!I'!IH.I\-~Htl.'. I" 1.1 1 L-JII"'l1lTT'iTT'-lI 'T,-' ~- II;lII.IIU. 1111II j ~ T T r -1 --------.,-----, Regular City Council Meeting, :November ,10; 1986 Voting 'No: Abs,ent: , None' ,., ',', Councilmember Cummings (res'igned) ~ .'. . ADJOURNMENT: With no further business to come before Council at this time, motion was ,made by Councilmember Schwartzel, seconded by Council member Higley, that .the,meeting adjourn. Such motion carried and the meeting adjourned..a,t>7:42 P.M. A~ M1C ae a s Mayor ; , .. ;,._.~,I, -''''=<=l !-:I : I , , I ! I I I ! I , I i ~ 1\ U J 1891 n REGULAR CITY COUNCIL MEETING NOVEMBER:24, 1986 7:30 P.M. City Council convened in regularsessJon in the City 'Hall Council Chamber, 3800 University Boulevard" i,n 'tfle City of West University Place, on Monday, November 24,1986, witlithe followingrriembers present: Mayor Parks; presiding; Counci'lmembers Higley, Bryan, and Schwartzel. Councilmember Cummings was 'absent (resigned). Also present were the City Manager, CitySecretary,City Attorney, Director of Administn,ation arid D;:rectQ};"6rOperations~ C6uncilmeriiber Bryan delive~d the...inVJocation ,and led the Allegiance to the Flag. "':-=. ~~--. .' ~ . __ '':,. "'to,; . . . HEARING OF RESIDENTS: Mayor Parks invited:residents to speak who had matters they wished to bring to ,the'attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to ,speak. o CITIZENS RESPONSE TO AGENDA I'TEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. Mr. Winston Bernich, representing Houston Lighting & Power Company addressed City Council concerning Agenda item No. 5: HOUSTON LIGHTING & POWER COMPANY RATE REQUEST and the accompanying Ordinance Number 1272~ 'Mr~ Bernich announced that he was present ,to answer any questions City Council might have concerning the modified rates to be ,charged to':residents, within the City. , ' Mayor Parks inquired whether the City of West University Place was getting the same quality of service as other,areas served by HL&P. Mayor Parks mentioned complaints concerning power interruptions affecting clocks and computers. , , "', ,t. i:' Mr. Bernich stated that, the quality of service in West University Place waS as high or'higher than~any places.Mr~ Bernich encouraged all complaints be directly forwarded to the HL&P office at 229-7400~' ~0. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Bryan , suggested Agenda Item No~ 15'~ WATER'WELL #9 REPAIR be~ removed from tfJe consent., agenda. ' " "c I '_ ': _ ',f.. \ " r : . , CONSENT AGENDA: Motion was made by CouncilmemberHigley, seconded by Councilmember Bryan, that with the exception of Agenda Item No. 15, the consent agenda be approved in: accordance with staff recommendation. . ;~, "'., I ':;,., , ,--, U Voting Aye: Mayor Par,ks, Counc;-lmembers Higley, Bryan, ';' . Schwartz'el ".~ .;' . ::::~-'~~,'J::", Voting No: None " '.., , ,\.': , Absent: Councilmember, Cummin.gs {resigned) ,~. - ~ ,~.~. ,,---,~.................. - , ,~,., ~.....__.IIr' , ,~.... . ""Jm 'tll~r.runn:l1m::r' I !" . . ...,!. 1 _Ill!l!IIIl!IlIllJ!ffi__:_L.. 1. . !.1JI1.m1FllflllflI1'Ptll '~' I, ,j,', j,I,~11111I11~11~ 111111'JJ:IlI.I'll I 1 ,I to:~ Regular City Council Meeting, November 24, 1986 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 RATf SCHEDULES; PROVIDING CONDHIONS'UNDER WHICH SUCH RATE SCHEDULES MAYBECHANG[D"MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART ,OR PARTS THEREOF WHICH MAY BE IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. ] HOUSTON LIGHTING &-POWER COMPANY RATE REQUEST: Mayor Parks presented and read the capti on of Or din 'a nee Number 1272 as follows: I" Copies of Ordinance Number 1272, in the form required for adoption, were available to all lIiembers of City Council and a reasonable number of 'additi'ona.l "copies available to interested citizens present. City Attorney, Jim Dougherty, asked Mr. Bernich if HL&P was agreeable to waiving its right to notice and hearing as to the rate modification required by:.tbis or-dinance. The City had not received and did notihave in its file an official letter relating to the company's intention. The City Attorney advised Council that apparently the company was walvingthis right and ,they were allowing ,the City to;,go ahead andpr,oceed without ,a public heari ng.A 1 so thecomp.any is: deve 1 opi ng a program to actually match the rates inside the. coal ition of ci.ties to the rates ]1:1 charged in the unincorporated areas"retroactive to August. The rates in West University Place have been higher since the enactment of the previous ordinance setting rates. It was Mr. Dougherty's understanding that the: details were not worked out for the refund of charges over that charged in the unincorporated areas. Mr. Bernich confirmed that it was HL&P's intention to make a 'refund, but at this timethe'mechanism to do so had not been worked out. It is our intention to make the refund. i' The City Attorney recommended that, in that case and recognizing the mutual jurisdictional problem that creates a retroactive ordinance, that a non-disctiminationclause be a,dded to Ordinance 1272 so, that if the companY-reduces rates and provides refunds to customers in other citi'es" for peri ods pri or to theeffecti ve date of this ordinance, HL&~ shall provide the same treatment for cus tomersn w,i th in the ~ city.' : : Mayor Parks inquired, if the :City could quantify the numbers even if the company does not make a refund. Councilmember Schwartzel asked.if the City can urge HL&P to comply III with a refund and, if HL&P oecides not to go forward with the refund, can City Council quantify the amount of the refund and U have them give it to us. Regular City Council Meeting, November 24, 1986' ~~D~ n The Ci ty Attorney concurred and suggested h,e ,write an amendment to that effect. ' Mayor Parks stated that Coutt:cil\ wou.1d consider other agenda items at this time and consider Ordinance Nu~ber 1272 with the proposed amendment later in the meeting. BUDGET AMENDMENT: Mayor Parks presented and read the caption of Ordinance 1273 as follows:'! ' , AN ORDINANCE AMENDING ORDINANCE NUMBER 1245 WHICH APPROVED THE BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1986, AND ADOPTED ON OCTOBER 28, 1985. Motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan"thatOrdinance 1273 be accepted as presented on first reading. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartze 1 ~, " ' ,- None Co~ncilmember Cummings (resigned) o HOUSTON GALVESTON AREA COUNCIL: Consideration was given to Resolution Number 86-10 which was presented and read by Mayor Parks as follows: 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 repre~entative' of each of the governmental units for the year 1987. , NOW,: THEREFORE, : B'E, ITRESOL VED BY THE, CITY COUNCIL,OF THECITY:OF WEST'UNIVESITY PLACE, TEXAS: Secti on''!. ': That Counci 1 member C. Boone' Schwartzel :,' .be" and"he- is: hereby', designated as its representative to the General Assembly of the Houston-Galveston Area Council for -the year 1986. 'i . (f; [ Section2:~ cThat the,cifficial Alternate authorized to serve as the voting delegate should the hereinbefore named delegate' become inelig;ible, absent, or should he resign, is'Councilmember Beth Ann Bryan :i.' ::,. ': '" ", Section 3. That thefxecutive Director of the Houston-Galveston Area touncil be noti~ied ..I. I .~llI'Jmm:nJlntm._,,_r.. ..IIII1!1FllIIW!l'lll~1 I II.~ ),t ) '---1"""'1-' """"11 --LLIllll'l:ft 1!!\!11 . I II .4-~[) Regular City Council Meeting, November 24, 1986' of the designatio,n of the hereinabove named delegate and alternate. PASSED AND APP.ROVED,this 24th day of November',- 1986. , ; ''; · ',- , Councilmembers Voting Aye: Councilmembers Voting No: Counci lmembers Absent:' Mi chaelL. Parks, Mayor ATTEST: Audrey Nichols; City Secretary (SEAL) APPROVED AS TO FORM: James L. Dougherty, Jr., Motion was made by Councilmerilber Higley, seconded by Councilmember Bryan that Resolution 86-10 be adopted as. read. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None I _ ' Councilmember Cummings (resigned) PHASE 1. PRIORITY AREA 1 SANITARY SEWER RENOVATION: Consideration was given to staff's recommendation to award the contract for construction of Phase 1, Priority Area 1 Sanitary Sewer Renovation Project in West University 1st Addition. The 10wpidder had withdrawn his bid and the receipt of Bid Bond form had been executed in accordance. with instructions from the City Attorney. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that City Council award the .contract to the second low bidder on this project to Whitelak, Inc.~ of Houston, Texas, at their ,bid amou,nt of $754,175.00.' Voting Aye: Mayor Park~, Co~ncilmembers Higley, Bryan, Schwartzel ' Voting No~None ' Absent: ' Councilmember'Cummings (resigned) '. 1'-< ,-'\ i j I ) ~ r --1 u u tl~[.t Regular City Council Meeti,ng, ',No,vember "24~ 1986 n I I U LEASE AGREEMENT - 4213 BELLAIRLSTREET: Consideration was given to authori z i ngthe Mayor ,"t.oexecute:a Lease Agreement' between the City and John L. Thoede & Son Company, Inc., for the premises situated at 4213 Bellaire Street" Houston, Harris County, Texas. ",r' Motion was made byCouncHmember Hi.gley, seconded by Councilmember Bryan, that City Council authorize Mayor Parks to execute the Lease Agreement between'tbetityand John L. Thoede&'Son Company, Inc., for a term of 60 months, commencing on January 1, 1987 and ending on December 31, 1991, unless sooner terminated as provided within the lease agreement. . Voting Aye: Voting No: Absent: Mayor Parks ,Gounci 1 members Higley, Bryan, Schwartzel None, , Councilmember 'Cummings (resigned) MEDICAL SERVICES AGREEMENT: Consideration was given to authorizing the Mayor to execute an Agreement'for Treatment of city employees by the AMI Twelve Oaks Hospi'tal for on-the-job injuries, seven days a week and 24 hours"a.daYiunderthe conditions outlined in the Agreement. r Motion was made by Councilmember Higley, seconded byCouncilmember Bryan, that City Council authorize Mayor Parks to execute the Agreement for Treatment of city employees by AMI Twelve Oaks Hospital as presentedJ " Voting Aye: co' Mayor'Parks~ Coul1cilmembersHi gley" Bryan, Schwartzel ' , Voti ng No: None' , , Absent: Counctlmember Cummings (resigned) RESERVES ,AND DESIGNATIONS: Consideration was given to'approving adj u s tments to the reserves and" des i gna t ions of fund ba 1 ance; superseding all prior existing reserves and designated fund balances; and establishing'all amounts not so designated or reserved herein as undesignated account balances as follows: '1_' !',General Fund 1985 Reserves & Designations Descri pti on 1986 Recommendations [ $ 45~OOO.00' 44,491.50 23,934.16 -0- 10,000.00 80,000.00 25,000.00 '1. , ,2. 3~ Reserve Land Purchase Reserve for Encumbrances Reserve'for:Unful1dedAccrued Liabilities ~ Sickleave 4. Reserve for Note Payable 5. Designation - Emergency PatroJ Car 6. Designation 'Emergency Solid Waste Truck 7. Des,i gnati on - Emergency $ -0- " _ 44,491.50 '18,655.20 200,000.00 -0- -0- -0- -------':...~ 1"11 ""'.n,r::,,, ,_--'-._-----1L....'~~ "II~: ' -,.. . .:T....1lI1r:"hlrr;;rnill: ",I. I .Jll!l!!II!IUllJ!JL:,J::.... ! .1I11111'l'A1ll'if~I'I"i' . I : ,., 'llT"TJlTl1ITT'I1--------.----.--r, 1IIIlIIl,;U11I11ill .i, If' 'I I 'I 1-~2.. 1>>f ~ V....,j Regular City Council Meeting, NOVember ,24; :1986" 15 ,000. 00 ' 100,000.00 -0- " Colilrfluntcation,'Equi'pment ',<,,~- , 8. Des igna,tfori': .>Fi fe, 'Tru'cK "'::,' :2'00,000.00 Replacement,."" 9. >Des ignati on '- 'Se 1 fInsurance , ," -0- Contingency 10.Destgnation -"loss Contingency' }iOn,nnn nn $ 2,002,312.05 , ' Fund Ba 1 ance" ~ Unde$. tg'na ted " ,..) , ~ * $1,538,406.36 .' . ~ . Water Sewer Fund $ 25,000.00 115.00 277,000.00 5,000.00 25,000.00 100;000.00 $ 1,462,362.27 $, l~,Reser~e for ,Charter Water, Sewer 'Contingency 2. Reserve for,.Encumbrances 3. " Reserve' for' Notes Payable " 4. Reserve for Unfunded cAccrued,Ltabiljties,:~ Sickleave 5. Designation-"Equipment .. Replacement ,,' '" , 6. Designation'~,EmergencyRepair 200.000.00 -0- 115.00 277 ,000.00 7,473.60 -0- Retained Earnings - * $ , . 1,869,148.15 Voting Aye: Voting No: 'Absent: Mayor Parks; Councilmembers Higley, Bryan, Schwartzel ,-, , None , , , . " , , Counci lrnember Cummi ngs (resi gnec;l) , , , , 1986 AUDIT ENGAGEMENT LETTER: Consideration was given to authorizing the city Manager to execute the Letter of Engagement for the audit of financial statements for the year ended'December 31, 1986. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that City'Council authorize the City Manager'toexecute the Letter of Engagement ~ith Peat, Marwick, Mitchell )'Co. for the audit of financial statements for fiscal year 1986" q,t, the agreed upon fee estimate of $17,500. Voting Aye: ',Mayor Parks, Councilmembers Higley; Bryan, Schwartze,l Vbting No: , None _ Absent: Councilmember Cummings (resigned) I~l : J ~ [J u Regular City Council Meettng, November 24, 1986 (,'fj',',';-' 11 J_ L1 ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS:. Considerationwas,given to the invoices submitted byLangford Engineering Inc., for engineefingservices on various util ity relatedprojec~s 'for a total ,amount of $19;308.44 as' fellows: a) Invoice in the, amount of $1,413.78 for Priority Area No.1 Water ,Pemberton and Be 11 eCourt Subdivisions b) Invoice in the amount of $1,330.63 for Priority Area No.1 Sanitary Sewer ,W ~U. ,1st ,Addition c) Invoice in the amount of $2,493.90 for Priority Area No.1, Phase 2, Sanitary Sewer in W.U. 1st Addition d) Invoice in the amount o't$14,070.13 for Prior,ity Area No.2 Sanitary Sewer, College,;Court Addition ' Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the invoic~s,submittedby:Langford,Engineerinig Inc., be approved for paymentas,1.isted., ' /' \ I Voting Aye: Voting No: Absent: Mayor ,Parks, Councilmembers Higley, Bryan, Schwartzel None' (,' < Counci.lmember Cummings (resigned)' SURVEY SERVICES ,FOR UTILITY 'RELATED SERVICES! Consideration was given to the invoices submitted by Topco Co., Inc.~for survey services for Priority Area No.1, Phase 2 Sanitary Sewer, W. U. ,1st Addition' for,a totalamou~t of $12,309.25 as follows: I" a) survey services through October. 16,1986 in, the amount of $6,144.00 ' .' ., ~ ... ':!., b) survey services through, November 7, 1986 in the amount of $6,165.25, ,,' , , L Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the invoices submitted by Topco Co., Inc., be approved for payment as listed. ' Voting'Aye: Voting No: ,Ab.sent: Mayor,Parks~Cooncilmembers Higley, Bryan, ~Chwa rtze 1 ., .. ' : None CouncHniember, Cummi ngs' (resi gned) ~ i I I i i~1 , WATER WELL #9 REPAIR: Consideration was given to the invoice in the amount of $7,759.77 submitted by Layne Texas Company for repairs on the 350 HP', US motor;, for,:water well #9. ' , , ) Councilmember Bryan suggested the labor charge in the amount of $6,175.00 be i temi zed'." Mayor Parks y..ecommended, City Counci 1 take no action on the invoice until such time as that information is received. I, ~ .1.1..___ ~__ "-' "....,' ", ~___.. '-'-_... ~~r-- "~ ...:" ...1, ,nm:a:1!!3IlUtL'l,_,,_I: ,~_I_lwnl"'_II' ". ~ ., I . J1l'1l'TT'IT~' IT r_ =-----u.. III -ii, !ll' I .....---- - ',1 ~ ." 1111 {;II Regular City Council Meeting, ~NQvember_24, :1986 c , /-: >.: COUNCIL CQMMENTS: Counci;1member 'B,ry:an' rcommented that the< ,City had ,received Lthree lette,r:s of icommendat;..on to -the-Po l-i ceDepartinent nami ng'Detecti ve Johnston" ,OffJae..r:<iBr.ye and Offi ceir Casmari k and requested Council's appreciati.on.-be,extended to tho.se members of the Police Department. l ~ STAFF REPORT:-, Gity "Manager, Mr. 'Rockenbau,gh, suggested ,those planning to attend the meeting in Bellaire to notify him. Mr. Rockenbaughcalso suggested that the Cocoa Cola-Water Tower item be discussed at the next;workshop'scbeduled for December 4. Copies of "City Currents" were distributed to, Council for theirlapproval before -going to print~ ',~ ~ ,,,,.~ ,. , ;,,; , HOUSTON LIGHTING & POWER COMPANY RATE REQUEST: The City Attorney proposed the amendment to. Ordinance:Number 1271 ,be (,inserted at the end of Secti on, 3 "of ;Jthe 'o~di;nance ;a~ fallows: "If 'HL&P provides refund to::customersin other cities for time periods after July 1,. 1986; !but ':befQre' the effective date of the rates required by this ordinance (the",refund Period",),i't shall provide the same treatment to customers within the City. If HL&P does not provide such <refunds to customers within the City before January 31, 1987, HL&P shall, -:befor.e 'February 15, 1987, provi de to the City a written statement showing,the amounts paid by customers within ,the City during,Jthe'refundperiodwhich are in excess of the amounts which would have been paid by those customers if they] I had been located in an'"unincorporated area during the Tefund period".' ,,' ;-;;"-,:0," , . - , , , Mayor Parks addressed Mr., Berntsh ,and inquired if (the amendment stated HL&P's intent. ' Mr. Bernich replied that it was the 'company"s intent to:treat';al:1,thei:n"customers the,~ame and that it was their intent to get all the rates in all jurisdictions the same. Mr. Bernich further stated that it was the intent of HL&P to make a refundsome:time;ljn"d:ebnuary or March. . After discussion, City Council concurred that the time frame in the amendment to Ordinance Number 1272 be changed to read before March 31, 1987, ,and before'Apnil 15,'1987.'; ~ . ~ . The City Attorney asked if waiving the Notice of Hearing was a problem to HL&P. Mr. Bernich stated that such waiving of Notice of Hearing was no problem.:',It:was ijL&P's, intent tQ,expedite the City's ordinance as much aspossjble~ Motion, was made byCounci]member:Schwartzel, seconded by Councilmember Higley; that Ordinance Number 1272 be adopted as amended. Voting Aye: Voting No: Absent: .. Mayor Parks, Councilmembers Higley, Bryan, Schwartzel ,None,,- :' = ;' " " , Councilmember C~mmings (resigned) " I ~ .; u Regular City Council Meeting, November 24, 1986 l\Jl 1I5 n CITY COUNCIL MEETING MINUTES: Minutes of the regular meeting of City Council on November 10, 1986, were presented for consideration. o Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that the minutes of the regular city council meeting on November 10, 1986, be approved as submitted. Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel Voting No: None Absent: Councilmember Cummings (resigned) , ADDENDUM TO AGENDA Consideration of Update of Asbestos Removal and Miscellaneous Work Contract for Remodeling of City Hall: The City Attorney advised that the settlement with David Evans Contracting, Inc., was progressing. We have been informed that the contractor was now involved with another law suit with another contractor, but the City was not involved. It appears that the sub- subcontractor's employees were not paid their wages. The City is not a party in the case. Apparently this will not be settled at the time the City settles with the Evan's Company. Mr. Dougherty recommended the City go ahead and settle with the Evans Company. City Council concurred and no further Council action was required at this time. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Schwartzel, seconded by Councilmember Bryan, that the meeting adjourn. Such motion carried and the meeting adjourned at 8:13 p.m. ~Qj Michael L.Parks ' Mayor A~ City Secretary ~ i I ~ L II 'l.,.J.rt....JLl7r--l.J r 1J..1l.1I t~j" -----...L ""'I 1"UIi'r!;\,CiI1lill&!;t!I;IMIj" i"' ,.... T'''mmnmmmiill' 'I" J!!!I!!!!l!III]l]rn::.x .-; , .!II..m,AllIlftWI~' :', I I.. ,II II~-r- II i1iU I II . II --:'1 I S" .t f' 11ft" "', I,..:. _ REGULAR CITY COUNCIL MEETING ,DECEMBER 8,. :1986 - ".]::30 J~.M~',- i1 I , 'J.J I LJ , , I . I ~ 1 :' lJ t City Council convened i,n regula,r -session ,in the City Hall Council Chamber, 3800 University Boulevard, in the City of West University Place, on Monday"2Decembet..g,;,,,'1986;withi,the following members present: Mayor Parks, presiding; Councilmembers Higley and Bryan. Also present were the Director of Administration, City Secretary, City Attorney and Director of',Operations~ ,Mayor 'PrJo' Tern:, Higley del;vered\ the invocation and led the Allegiance to the Fl~g. , : --~ " "'" , HEARING OF RE:SIDENTS: ,Mayor P'a~ksjnvited,residents to speak who had matters 'they, wished' to' ,b~;:ng':to the' attention of the City Council .which had not previously,b~en:sllbmitted to ,the City Manager. I " Caschca:dSchade" . A143 Marlowe"i,'addressed City ,Council concerning the residence at 4137 Marlowe.- She requested consideration be givenl'to clarifying the: definition in the City's',zoning' ordinance of IIfamilyll.' 4137 Marlowe is' the'r.esidence ,for, as, many as 20 or more people at a time.: :Whenque,stioned, the people state they are a:ifami'ly., However,;:Mrs~; Schade has reason ,tOi believe that the house is bei ng used as a temporary home for persons comi ng from c: another country. II Fami lyll, as now defi ned in the zoni ng ordinance, is somewhat ,vague 'tn, relation to this particular situation which causes an enforcement problem. - Counci lmember Schwartzel- came 'in: at 7:35 P.M. Mayor ,Parks thanked Mrs. Schade for her comments and assured her the matter woul d be thoroughly investigated to determine the appropriate action from city staff. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who wished to address a specific agenda item to speak at this time. There were none present who wi shed to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Bryan requested agenda ltem NO. /, WAitK WtLL #9, and item No. 10, CITY HALL LOAN PA YMENT , ,be removed from the consent ageneJa':' Councilmember Higley requested agenda item No.9, PEMBERTON AND BELLE COURT SUBDIVISIONS WATER PROJECT, PRIORITY AREJr'NU:-1-;-5e removed from the consent qgenda. CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by r~ Counc i 1 member Hi g 1 ey, that with the exception of agenda, items No. I 7, No.9 and No. 10, the consent agenda be approved in accordance ILJI, with staff recommendation. -' Regular City Council Meeting, December 8, 1986 11"~ , . ~{~ " ;- ~ l; ff '~ L" n LI Voting Aye: Voting No. Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) METROPOLITAN TRANSIT AUTHORITY BOARD MEMBER: P. J. Leonetti, Member of the Metro Transit Authority Board of Directors representing MTA cities other than Houston, addressed Council. She stated that MTA was considering some very significant decisions such as a system connector within the transit ways. MTA is also looking at various technologies and the possibility of using the private sector for analysis of the technologies. Councilmember Bryan inquired if the Edloe Station is still proposed. Ms. Leonetti, responded that it was still under consideration, but a final decision had not been made. Mrs. Leonetti discussed the City's Survey for a circulator bus within West University and assured Counci1 she would follow through with MTA's analysis and response. BUDGET AMENDMENT: Consideration was given to the second reading of Ordinance Number 1273. Mayor Parks read the caption as follows: -. ,"'I n , , AN ORDINANCE AMENDING' ORDINANCE NUMBER 1245 WHICH APPROVED THE BUDGET OF THE CITY OF WEST: UNIVERSITY PLACE, TEXAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1986, AND ADOPTED ON OCTOBER 28, 1985. n Motion was made - by ~ "Councilmember Schwartzel, seconded by Councilmember Higley,' 'that Ordinance Number 1273 be adopted on second readi ng. ; i r - 'Voting' Aye: Mayor Pa,rks,:,Councilmembers H,ig]ey,. Bryan, , SchwartzeJ i' :' ; Voti ngi No'., ' NOIae . , , ,', Absent: Councilmember Cummings (res.igned)' WATER WELL #9 REPAIR: Consideration was given to the invoice in the amount of $7,759.77 submitted: bY, Layne Texas Company for repairs on the 350 HP US motor for water well #9: Councilmember Bryan asked if the $6,175.00 labor,' charge could,,' be clarified. Superintendent of Utilities, R. E. Simpson, stated that the labor charge was for rewinding the' entire' motor and replacing the bearings. Armature Co. worked over time for 3 days so that the City could have..-tbe<'motor 'operable as soon'as poss,ible.. ',' Motion' was' made by:"CDuncilniember Bryan, seconded by Councilmember Schwartzel, that the invoice in the, amount of $7,759.77 submitted by Layne Texas Company be, approved for payment~ Voting Aye:' . : Mayor Parks, Councilmembers Higley, Bryan, . Schwartzel" ,; "c, ' ,'- " None Councilmember Cummings (resigned) Voting No. Absent: Ij j --'- '\f{J.Jltl!:ItJIJ '. 11 ilfLiJlLiIL...L I: ,,'''1 '),.1 ,. jt.;t"'jlh4ii.WIiIllfd;~IIi' i~'" ...T..'..lllrmblrnillllll. r ,I. Jrnl!!I!!IUmrrL :.~L .. :~! l.llIBlfilllf1l!l"11UIIL; I, II! II. ",,1 I 'flT"llllliir--11 '"Tr"~-llllil'14111!111 I -~-~ 14~ ::It~:l:l~~,- Regular City Council Meeting, December 8, 1986 PRIORITY. AREA NO.2. PHASE 1 WATER: Consideration was give to Uii, awardi ng the contract for constructi on of Pri ori ty Area No.2, Phase 1, Water Project in the Rice Court and Monticello Subdivisions. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, City Council acce'pt,staff's recommendation and award the contract for constructi on of Pri ority Area No.2, Phase 1, Water Project in the Rice Court and Monticello Subdivision to the low bidder, Ella Contracting Inc., at their bid price of $543,472.84. Voting Aye: Mayor Parks, Council members Higley, Bryan, Schwartzel Voti ngNo . -None Absent: Councilmember Cummings (resigned) PEMBERTON AND BELLE COURT SUBDIVISIONS WATER PROJECT, PRIORITY AREA NO. 1: Consideration was given to (a) Monthly Estimate No. lin the ~. amount of $29,826.63 submitted by Ella Contracting Inc., for work completed on the, wate~project through November 30, 1986, and (b) to the request for Extension of Time submitted by the contractor to cover three rain days. Councilmember Higley asked if there was a possible conflict with the credits and charges to be reimbursed by Fi del ity and Deposi t Company of Maryland with the amount submitted for payment by Ella 01[' Contracting. Mr. Simpson stated the items were not contingent on the settlement with Fidelity & Deposit. The dollar amounts were set prior to Ella Contracting going onto the jobsite. Motion was made by Councilmember Higley, seconded by Councilmember Schwartzel, that City Council approve, for payment Estimate No. 1 in the amount of $29,826.63 submi tted by Ell a Contracting and approve the Request for Extension of Time to the contract. Voting Aye: Voting No. Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) CITY HALL LOAN PAYMENT: Consideration was given to the invoice in the amount of $23,900.00 submitted by Texas Commerce Bank-Chemical for $20,000 principal plus $3,900 interest for the loan payment. Councilmember Bryan asked when the City received notice the payment was due. Director of Administration, Donna Sims, advised the Notice of Payment Due was received too late for Council's 'Ui consideration before the November 26 due date. Ms. Sims stated the bank assured her that in the future, the Payment Due Noti ce would be mailed in an appropriate time frame. Regular City Council Meeting, Decemb<er 8,1986 IW,", ."" ,- -:- --,'. , .... -" - ,. , . Motion was made by Counci lmember Bryan, seconded by Counci lmember Higley, that the loan payment in the amount of $23,900 be approved. Voting Aye: Voting No. Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) LEGAL SERVICES: Consideration was given to the invoice in the amount of $3,182.50,submitted for legal services provided on the City's behalf for the month of November 1986. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that the invoice for legal services for the month of November 1986 be approved for payment. Voting Aye: Voting No. Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel ' None Councilmember Cummings (resigned) COUNCIL COMMENTS: Councilmember Higley commented the City received a letter praising Judge Taylor for the manner in which he conducted court, and she felt Judge Taylor, should be congratulated. Councilmember Higley recommended city staff investigate -the residence at 3010 Rice Blvd., for possible building and health violations. n L J STAFF REPORT: The Director of Administration advised City Council that the City Manager was expected to be present for the workshop session scheduled immediately following the regular city' counci 1 meeting. CITY COUNCIL MEETING MINUTES: Minutes of the regular city council meeting on November 24, 1986, were presented for consideration. Motion was made by Councilmember Bryan, seconded by Councilmember Higley, that the minutes of the regular city council meeting on November 24, 1986, be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) ADJOURNMENT: With no further business to come before Council at this time, motion was made by Gouncilmember Bryan, seconded by Councilmember Schwartzel, that the meeting adjourn. Such motion carried and the meeting adjourned at 8:05 P.M. r----. i I' U lf2tl _IJll!!!lTInmml. ..-'_..,. .lJItlllft"f[i1\?n'lll " l ~ Ii: ,J ,L..:JII"ll!'IllT~'::n ~~I- :---LJllU'I~I. II :,1 , II Regular City Council Meeting, Oetember 8, 1986 J Q ~ .u .i'l~ Au rey N 1 0 S Ci ty Secre ary , <, , , , o , , lJ r~ ,REGULAR CITY COUNCIL. MEETING DECEMBER 22, 1986 " 7:30 P.M. , I ,i ' . City ~'ou.n~il (onvet1ed;in r;egular session in the City Hall Council CharrtfY€t:..tl~QQ/~nive""r-Si-tyaofjlevard,in the City of West University Place, on Monday, December 22, 1986, with the following members present: Mayor Parks, presiding; Councilmembers HigleYt Bryan, and Schwartzel. -Councilmember.Cummings was absent (re,signed). Also present were the Director of Administration, City Secretary, City Attorney, Director of Operations and the Superintendent of Utilities. The City Manager was absent.' M(!.yor Parks delivered the invocation and led the Allegiance to the Flag~' y'- f' HEARING OF'RESIDENTS: Mayor Parks invited residents to speak who had matters they wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. There were none present who wished to speak. n i ' ; CITIZENS RESPONSE TO.AGENDAITEMS:'Mayor Parks invitedresi dents who wished to address a specific agenda item to speak at this time. There were none present who wished to speak concerning an agenda item. !~ ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested removing'an' item, from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the consent agenda be approved in accordance' wi th ,: staff recommendati on. Voting Aye:,; Mayor Parks, Councilmembers Higley, Bryan, Schwartzel Voting No: None Absent: ' Councilmember Cummings (resigned) , , PROCLAMATION: ,Mayor Parks pres~nted.and iread a Proclamation designating December 31, 19a6~ as l3aylor University Day in the City. Moti on was made by Counci 1I'l1emberH,igley, seconded, by Counci lmember Bryan, that the Proclamation be accepteo as r~ad. Voting Aye: Voting: No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None ^ - CouncilmemberlCummings (resigned) L 1_ J.J.. "~_ ____ .. ViIW:H'hIiUllc .....:.._.'-- 11.. iLi.Lllil.l.lLll.i!f-:'"":'l'iT' ;'1""" , I i'iHJP-Jlii-Hlallti'!I'ilIillllI1; ,":i'" ,":I':'" mltUiuilIilI.r' r ..1 .JlIl!!l11rUlI][JL:.X ..,;! ~ .!JIII1!Mlf'!llfIhH r ~I' I I ' Ii, I ~11---'-I-- 1IIlll!1I1I.I,I. II , I l~j;l \ ~ -..1 Regular City Council Meeting, December 22, 1986 SOUTHWESTERN BELL TtLEPHONE.CONTRACT:, Consideration was given to ::,l authorizing the Mayor to enter i'nto a Lease Purchase Agreement and Maintenance Agreement fo~ telephone equipment to serve the following divisions: ,. ~ Administrative Finance. Inspection/Permits Li brary Water I"J Community Center Colonial Park Legislative Purchasing Municipal Court Operations, Scout House Senior Services Fire and in addition, the overall General ,Terms and Conditions of the Equipment Lease/Purchase Agreement. The City Attorney advised Council the contracts were complete and recommended them for approval. Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that Mayor Parks be authorized to enter into the Lease Purchase Agreement and Maintenance Agreement for each division as well as the Overall Genera,l Terms and Conditions of The Equipment Lease/Purchase Agreement with Southwestern Bell Telephone as presented. Voting Aye: Voting No: Abs-ent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) o SPECIAL ELECTION: Consideration was given to appointments ~f ' election judges for polling places, for the special city election to be held January 17".1987., One previously appointed judge resigned to become a candidate; another judge moved out of the des i gnated preci net. ' Mayor Parks presented and read the capti on of Ordinance Number 1274 as follows~ AMENDING ORDINANCE NUMBER 1270, PASSED AND APPROVED NOVEMBER 10, 1986, ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY 17, 1987, TO FILL-A VACANey IN THE OFFICE OF,COUNCIL MEMBER OF THE CITY OF. WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Copies 10f,Ordinance Number 1274, in,the form required for adoption; were available to al~ members of City Council and a reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Schwartzel, seconded by U Councilmember Bryan that Ordinance Number 1274 be adopted on the I first and final reading as presented. Regular City Council Meeting, December 22, 1986 Cf ~~.r 1....3 n ! 1 '--"' Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel , None, "', , Councilmember Cummings (resigned) UTILITY APPLICATIONS; DEPOSITS: ;Cons~deration was given to the first reading of Ordinance Number 1275. Mayor Parks presented the ordinance and read the ~aption 'as fol~ows: AN ORDINANCE RELATING:TO APPLICATIONS FOR WATER, SEWER AND GARBAGE SERVICES: CONTAINING PR0VISIONS RELATING TO DEPOSITS TO SECURE PAYMENrS FOR SUCH-SERVICES; AMENDING\THE CODE OR ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE AND REPEALING SECTION 23-22 OF SAID CODE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Nu~ber 1275, in the form required for adoption, were availableto,aill,members of City' Council and a reasonable number of'addit;.onaTcopies available to interested citizens present. , Motion was made by Counc;lmemberBryan, seconded by Councilmember Schwartzel, that Ordinance Number 1275 be accepted on first read; ng as preserited. :, ~ :)~"I ( , [1 Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel ,None '( ,I; " , Councilmember, Cummings (resigned) Voting ,Nol: Absent: WATER LINE REPLACEMENT PRIORITY AREA NO .'7; COLLEGE COURT: Consideration was given to the'recommendation to change the priority designation for the water line replacement in College Court Subdivision from Priority Area, No. 7.to Priority Area No.3 and authorize the engineering'servic@s for the project. Motion ,was .made byCouhci'lmember Hiig1ey, seconded,by Counci lmember ' Bryan, that City Council accept staff's recommendation and authorize~Langford-Engineering,InQ~ to_prepare:the:PJans=and ' Specifications,forwaterl dmprovementsin the: College 'Court Subdivision. ' Voting Aye: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel ',;, ',:Voting No:,,' :None.;,c::, ,:,;j :'-"~' ,''', " Absent': .: ) .. Counc!i] member::, Cummi ngs (-res i gned) n I I i SANITARY SEWER RENOVATION PHASE; 1; PRIORITY AREA NO, 1,: WEST_ UNIVERSITY 1ST ADDITION: ; Consideration wa;s:given"to staff,'s,r,ecommendation to approve Change Order No.1 to the contract with Whitelak Inc., for construction of Sanitary Sewer Renovation Phase 1, Priority Area No.1, West; University, Ist"'Addition,:. " . . _ I ~IJIIII!III!Inll][IlL :.-1::_ ..." , ..~I_'~tl~N'!"''''1 ' 1111< "I,' "'",I~ L-J ""'"' ---,,---------- '.WH4I1mHI I ~~..--.--.-.-----~ ~ Regular City Council Meeting, December 22,- 1986 Motion was made by Councilmember Higley, seconded by Councilmember :]1:', Bryan, that the Whitelak. Inc.", contract Change Order No. 1 in the amount of $51,901.60 be approved. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, 'Schwartzen ," , None Councilmember Cummings (resigned) , ENGINEERING SERVICES 'FOR VARIOUS UTILHY RELATED PROJECTS: Consideration was given to invOices 'submitted by Langford Engineer'ing Tnc., forie'ngin'eeri'ng $'ervices' on various uti 1 ity related projects forat'dtaT 'amount of $29,115.86 (a) Invoice in the ali1b'unt"'of$395.46 for Cleaning of the 36" Outfall Line on Brompton ."J I ~ \ , .' , :(b) Invoi ce in the amount' of '$'52.32 for Pri ority Area No. 1 Phase 1, Sanitary Sewer, West University 1st Subdivision Invoice in the amount of $13,797.78 for Priority Area No~ ~ Water;'Rice Court and 'Monticello Subdivisions (d) Invoice in the amount of $4,911.30 for Priority Area No. 1 phase 2 Sanitary Sewer, West University 1st Subdivision (c) (e) Invoice in the am6untof'$-9,959.00 for Priority Area No. 2 Sanitary Sewer, College Court Subdivision Motion was made by Councilmember Higley, seconded by Councilmember Bryan, that the invoices submitted by Langford Engineering Inc. be approved for ~ayment as 1 i sted.' , Voting Aye: Voting No: ) Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember'Cummings (resigned) COUNCIL COMMENTS: ' Councilmember'Higleywelcomed ScoutMaster Bob Gray and members of the"Saint.John Scout Pack No. 55 to Council Meeting. The scouts are working toward earning their Citizen and Community Badges. Councilmember Bryan expressed how pleased she was with the City Hall Christmas lights and publicly' thanked Councilmember Schwartzel for his suggestion the lights be purchased this year. STAFF REPORT: Director of Administration, DOnna Sims, invited the Mayor and members of COuncil'to theeinp'loyees Christmas Luncheon on Christmas Eve. ' ' CITY COUNCIL MEETING MINUTES:" Minutes, of the regular city council meeting on December 8, 1986, were presented for consideration. [] u Regular City Council Meeting, December 22, 1986 Motion was made by Council member Bryan, seconded by Councilmember Schwartzel, that the minutes of the regular city council meeting on December 8, 1986, be approved as submitted. Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Higley, Bryan, Schwartzel None Councilmember Cummings (resigned) ADJOURNMENT: With no further bu~iness to come before Council at this time, motion was made by Council member Schwartzel, seconded by Councilmember Bryan, that the meeting adjourn. Such motion carried and the meeting adjourned at 7:40 P.M. Audrey Nichols City Secretary L..........______ Michael L. Parks Mayor r: :~,::: ":O:::T~'-,","=::1___...':...'-L~:...:~-L:: ;" ~',LillLJ:1 III, -~.._.., n ,'" ----r--rmTIlUuIJJu] i~ -"----~-"--