HomeMy WebLinkAboutMinutes_1989
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REGULAR CITY' COUNCIL MEETING
MONDAY, JANUARY 9, 1989
MUNICIPAL BUILDING
3800 UNIVERS1TY'BLVD~
., 7:30 P ~M.
City Council convened in regular~ses:sion'-in the Municipal Building,
3800 University Boulevard, in'the'City of West University Place, on
Monday, January 9, 1989, with the following members present: Mayor
Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel.
Also present were the City Manager, City Secretary, City Attorney,
Director of Adm-inistration:, Dir~c:~Qr'ofOREtations,arydthe Chief of
. Police. Mayor-Pro Tem'Beth Ann Bryan 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 be?~,s~bmitted to the 'CityManager.
There we're none present ,whO' w,'s'hed to speak.
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CITIZENS RESPONSE TO AGENDAL'ITEMS:MajorParks 'invited' residents who
wished to address a specific:age.nda item to speak 'at this time.
There were none' pre'se'nt"who w-ish'ed :to 'speak concer.ni.ng an' agenda
item. ': " . . '
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ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
C9uncil suggested removing' an item' froril' the consent agenda.
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CONSENT AGENDA: Motionwas:madebYC'duncilmember Schwartzel,-
seconded by Councilnieinbet'Bell~ that the' consent agenda be
approved in accordance with staff recommendation.
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Voting Aye: Mayor Parks, Councilmemoers Bryan, Bell,
Britton, Schwartzel
. "Voti n9 No: None"" '
Absent: None
ORDINANCE REGULATING SEXUALLY ORIENTED,BUS-INESSES: 'Consideration
was given 'to the second re,ading ,of .Ordinance' Number. 1335'.. Mayor
Parks presented the ordinance and read the capti on, as' follows:
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ORDINANCE NUMBER 1335
AN ORDINANCE'RELATING TO SEXUAllY ORIENTED,BUSINESSES AND
ADULT ARCADES; AMEdNOING THL,CODE: OF ORDINANCES OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT.
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CQpi es of Ordi nance Number 1335, :i n the form requi red for
adoptioni were"' available' to al'l members 'of' City Council and a
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GG Regular City Council Meeting, January 9, 1989
reasonable number of additional copies available-to interested
citizens present.
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Motion was made by Countilmember Bryan, seconded by Councilmember
Bell, that Ordinance Number 1335 be adopted on second reading as
presented.
;" Voting Aye:.:: M;ayor P:arks,'; Counci,lmembers -Bryan, Bell,
Britton;:Schwartzel
, 'Voting No: No:ne -,
Absent: None_
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RESOLUTION' AUTHORIZING PURCHASING.PF{OGRAMS: Mayor Parks presented
Resolut:j'on Number 89-01, for' Council's consideration, as fonows:
CITY OF WEST UNIVERSITY PLACE, TEXAS
.' " RESOLUTION" NUMBER 89~01
STATE OF TEXAS
COUNTY OF HARRIS
TO THE STATE PURCHASING AND
',GEN,ERALSERVICES COMMISSION
WHEREAS, the City Council, of the City of West ,
Un'iversity Place, Texas, pursuant to the authority granted
by Sections 271.081-271.083 Local Government Code,
V. T .C.A.., as amended, ,desires to participate in described
purchasing programs of the State Purchasing and General
Services Commission; and
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WHEREAS', the CitY C<)'uncil isin the opinion that
participation in these programs will be highly beneficial
to the taxpayers of the. Cq~y through the anticipated
savings' to be realized; NOWr THEREFORE;
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That the City Council does request that
the State Purchasing and General Services Commission to
include its stated need for Contract Class No. 070 on the
Commi ss ion" s annual contracts .for those items; ":Ihereby,
Rfchard R. Rockenbaugh, CitYMimager,is authorized and'
, directed' to sign and deliver all necessary requests and
other documents in connection therewith for and on behalf
of the City of West University Place.
Section 2. All resolutions and parts of resolutions
i ri confl i ct herewi th are hereby 'r-epe'a 1 eo to the extent of
the conflict only.
Section 3. If any word, phrase, clause, sentence,
paragraph, 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
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Regular City Council Meetihg"January 9,J1989 .
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of competent jurisdictio,n, theremairider of: this resolution
~ 'and the: applicatiion: of such' word, phrase,) clause, sentence,
,paragr.aph, section ,or other 'par.t. of>thi's resolution:"to any
other persons or circumstances shall not be affected
thereby. ""
,:Section '4~' ,The City ,Council"officiallyftnd,s','"
determines and declares",that: a,sufficient written notice of
the date, hour, place and subject of- each meeti,ngr'at which
this resolution was discussed, considered or acte~ upon was
given in the manner required by the Open Meetings Law,
TEX....;REV~^ CIV'" STAT-.-. ANN. 'a:rt". ..~625'Z-1~7;~. 'as afi1enoed~~<:r ~ (,'"
ana th'at 'each" such meeti'ng,"has'jbeenope'nto the "public: as
requtred bY'law"at alh times :duringr such, discussion; "
'consideration and acti.on.: 'The ,efty Qouncil ratifies';"
approves and confirms such notices and the contents and
posting 'thereof~ ,,'1 , ,
PASSED AND APPROVED this 9th day of '!
January, 1989.
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- : 'J Council members ,Vot-ing: Aye:
Councilmembers Voting No:
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Councilmembers'AbS~nt~
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Michael L. Parks, Mayor
ATTEST:
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Approved as to Form:
Audrey Nichols"';"
, ;, "City See,retary '"
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, , ,,; , J~anie's "L~' ,Doughe,rt:y, ,Jr.
,.::t Gity Atto\7ney
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Motion was made by :Councilmember,."Bel;l, seconded by Councilmember
Bryan, that Resolution Number 89-01 be adopted"as presented and
read. "
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'Council-member Britton asked what the adva'ntage was. toena~cting the
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Regular City Council Meeting, J'anuari9, 1989"; ."
City: Manager, Richard Rockenbaugh,\Jadvtsed that by passing the
resolution, the'j city woul dbe able to' par;ti'Cipate in the State
purchase1 program to: pu!,,~hasevehiClesat., a' discounted rate.
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The motion carried by the following vote:
Voting; Aye': ' " Mayor/Parks ,Co'uncilmembers' Bryan, Bell,
Britton,~Schwartzel
'Votlng,:No: None .:,,,'~:!,' ',;
'I ',Abs'ent: None,' :"'/-, .
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STREET NETWORK.]MPROVEMENTAGREEMENT: ,Cdhsiderati on w,as, given to
approvi'hg and authorizing a Street Network -Improvement 'Agreement
with the' Metrop'ol itan. Transit Authority of Harri sCou'nty"
concermillig the di ~~r.fbutlon "of the Expanded Sa res' Tax Rev.enues.
Councilmember Britton inquired as to why there',was~no- reference in
the' contract to the expanded sales tax revenue distribution
formula. ,- ". '-'
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The City Attorney advised that the formula was reflected in the
resolution from Metro 'and he would provide 'Mr. Britton with a
copy.
City Manager, Richard Rockenbaugh, advised that this is the money
that will be used for the Academy and' Bi ssonnet modifi cati ons.
Metro requires the city enter into this contract before the city
may receive the money.' "
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Councilmember Schwartzel inquired if this money could be available
for the joint project on University Blvd. The City Manager
suggest~d staff would inv~?J:jgate..,
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Councilmember Britton requested the record reflect .that :he
objected to Metro taxing the citizens and then allocating money
~~Gk.to the ,cities; he did not like the system.
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Councilmember Schwartzel moved that the contract.be amended, as
follows: Article III, page 3, so that the sentence,~eads ~All
projects ungerta~en by .th~.City funding in whole or in part with
the City Revenue Allocation shall BY be Eligible Projects.
Councilmember Bell seconded' the motion which was voted on and
carried by the following vote:
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Voting Aye:
Voting No: ,,'
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Br.;tton~hSchwartzel .,
None'
None
"Motion was then made by Councilmember Schwartzel, seconded by
Councilmember Bell, that City Council approve and authorize the
Street Network Improvement Agreement between the Metropolitan
Transit Authority of Harris County, Texas, ("METRO"L and the City
of West University Place.
Regular City Council Meeting, January 9, '1989
[
Voti ng Aye: '
Voting No:
Absent:
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Mayor Parks; Counc.i lmembers
Braton, Schwartzel ;
,None
None
Bryan, 'Bell ,
BOND COUNSEL EXPENSES: 'Consideration was given to the final invoice
in the amount of $286.85 submitted by Vinson & Elkins for
additional legal expenses in relation to the 1988 bond issue.
In accordance with his previously filed Affidavit of Substantial
Interest, CouncilmemberSchwartzel abstained from participation in
the discussion and the vote on Vinson~ Elkin's inVOice."
Motion was made by Councilmember Bryan, seconded by Councilmember
Bell, that'the invoice submitted by Vinson & Elkin's be
approved for payment~ .
Voting Aye:
Voting No:
Absent:
Abstaining:
Mayor Parks, Councilmembe~sBryan, Bell,
Britton
, None
None
Councilmember Schwartzel
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EMERGENCY STARTER REPLACEMENT WATER WELL #8: Consideration was
given to the invoice in the aniountof'$9,~783.00 submitted.by
Pfeiffer & Son, Inc., for the emergency'replacement of the
starter on water well' #8.
Motion was made by Councilmember Schwartzel, seconded by
CounC'ilmembe"r Bell, that the invoice in the amount' of $9,783.00 be
approved for .payment to Pfeiffer & Son, Inc.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers' Bryan,Bell,
Britton, Schwartzel
None ,'. ,,"
None
LEGAL SERVICES: Consideration was given'to the invoice in the
amount of $5,216.30 for legal services provided on the City's
behalf for the month of December 1988.
Motion'was made by'Councilmember Schwartzel, 'seconded ,by
Councilmember Bell, that the invoice in the amount'of $5,216.30
submitted for legal services for the month of December 1988 be
approved for payment~' > "
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'Vati'ng :Aye:
Voting No:
Absent:
:Mayor P'arks, CouncilmembersBryan, Bell,
Bri tton, Schwa rtze 1 "
None
None
1986 BOND PAYMENT: Consideration was given tdthe inv,oice in. the
'amount of $378,125~00 submttted-,by First-City National Bank of
Houston for principal and interest due on the 1986 bond issue.
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'70 Regular City Council Meeting, January 9, 1989
Motion was made by' Councilmember Schwartzel, seconded by
Councilmember Bell ,that the~ i.nvoice in the amount of $378,125.00
submitted by First City National Bank of Houston be approved for
payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwarttel .
None
None
1983 BOND PAYMENT: tonsid~ratton was giverr'to the invoice in the
amount of $266',637.50 submitted by' First City National Bank of
Houston for ,principal and interest due on the 1983 bond issue.
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Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bell, that the invoice jn the amount of $266,637.50
submitted by First City National Bank of Houston for principal and
interest due on the 1983 bondissue'be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
None
None
SANITARY SEWER PRIORITY ARtA 2:" Consideration was given to Monthly
Estimate No. 4 in the amount of $84,Q29.05 submitted by Bearden
Contracting Company, Inc., for work, performed through December 23,
1988, on the sanitary sewer renovation project in Priority Area 2.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember ,Bell, that Monthly Estimate No.4 in the amount of
$84,929.05 submitted by Bearden Contracting Company, Inc., be
approved for payment~"
Voting Aye:
Voting No:
Absent:
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Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
None
None
COUNCIL COMMENTS: Councilmember Bryan commended Councilmember
Schwartzel and Councilmember Bell for their contributions to get
trees planted on the Bissonnet esplanade as a beautification
project.
Councilmember Bell inquired as to the status of the school
crossing guard at University Blvd. and Buffalo Speedway. Mr.
Rockenbaugh advised that the :school has agreed to pay for all
three crossing guards. The City will proceed and put the guard
back at University and Buffalo and the school will reimburse the
city for the charges.
Councilmember Schwartzel asked that the record reflect that he did
not like the 'fact that there 'is not a crossing guard on Weslayan.
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Regular City Council Meeting, January 9, 1989
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At one time the school was going to pay for the guard. He did not
think the city was being fairly treated by the PTA.
Mayor Parks suggested the City Council might express to the PTA
that Council did riot think they were not doing their part.
Council member Bryan sllggested the issue.,might be that the current
PTA members 'do; not remember the commitment and she thought it
would be appropriate to contact the PTAand tell them Council is
concerned. City Council concurred that the PTA should be
contacted.
Mayor Parks informed Council that the ~ister City project was
progressing in a positive way.
STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further
for Council's consideration at this time. '
CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes
of City Council meetings, as follows:
(a) City Council Workshop Session, December 21, 1988;
(b) City Council Workshop Session, December 29, 1988;
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(c.) Ci ty Council Regular Session, December 29, 1988;
Councilmember Schwartzel offered the following amendment to the
minutes of workshop session on D~cember 29, 1988:
Page 3, Council Comments, the third sentence read
IICouncilmember Schwartzel suggested that the License Terms
and Conditions be amended so that Licensee would have to
pay the City's attorney's fees in case of a failure to
maintain the property and so that the licensee is required
to mow the property. II
Motion was then made by Councilmember Bryan, seconded by
Councilmember Bell, that the minutes be approved as corrected.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
None
None
ADJOURNMENT: There being no further business to come before City
Council at thi s time, Mayor Parks decl ared the regul ar sess i on
adjourned at 7:53 p.m.
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72 Regular City ~ouncil Meeting, January 9,' 1989
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Michael L. Parks
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CITY COUNCIL WORKSHOP SESSION
MONDAY, JANUARY 9, 1989
MUNICIPAL'BtJILDING
38'00 UN IVERS ITY BLVD.
APPROXIMATELY 8:00P.M.
City Council convened in 'workshop session in the Municipal Building,
3800 University Boulevard, iii'the City of West University PlaCe, on
Monday, January 9, 1989, with the foll owing members present: Mayor
Parks, presiding; Council members Bryan, Bell, Britton and Schwartzel.
Also present were the City Manager, City Secretary, Director of
Administration, Director of,Operations and the Chief of Police.
HEARING OFRESlDENTS
There were none present who wished to speak.
LONG RANGE PLANNING COMMITTEE CHAIRMAN TO DISCUSS LAND USE
This item was removed from the agenda.
DISCUSS AND CONSIDER APPROVING THE INFECTIOUS DISEASE POLlCYt.
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Councilmember Schwartzel distributed an Infectious
pol icY. 'The model was Tess strongly worded and he
City Attorney consider using a conibi'nation of both
prepared and the niodel.
Disease model
recommended the
the one he had
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TheC\ty Attorney concurred' the Tanguage',could be combined without
changing the major th'rust' 'of"What the' 'City was trying to do.
Councilmember Schwartzel explained he was concerned that ffthe
city's insurance is cancelled and the city has a policy in place
to treat'i nfectiousd';seas'es;;'w<>'ul d that'mean the Ci tywill be
1 i ab 1 e for the insurance. " '
:Cou'nci'irnember Britt()nobjected to the 'reference specifi cally to
AIDS and' :wQui'd pref:er more general terminology.' He thought the
policy should address the issue ofa sick employee'sright to
privacy 'and the rights of other employees who might be at risk of
exposure.
Director of Administration, Don~nia.;Sims', ex:plainedthat staff
recommended an infectious disease policy be adopted because of the
partii cular'ri;sk'invol ved'f6r'ttle' eniployees' wh'oiare currently
working for the City. Richard Rockenbaughadvised that the
insurance carrier recommended the city adopt an infectious disease
policy.
Mayor Parks recommended staff review the :policy with the intent of
combining thelarlguagefromea.ch example'and to come ,back to
Council with another recommendation.
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74 City Council Workshop Session, January 9, 1989
DISCUSS FRANCOPHILE COMMITTEE
Mayor Parks advised Council 'that on'December 6,1988, Saintes,
France adopted the City'pfWe'st Univ~rsity Place as their sister ----.!
city. It has been suggested ,that ,the City consider establishing a
relationship with Cognac as well :'--The' Mayor' 'recommended that as
soon as the city gets a clear confirmation from Saintes, that
City Council call a meeting of the Francophile Committee.
However, before that,time, to go ahead and send all
,correspondence, to date, to the committee so, they wiHbe aware of
what has transpired~
COUNCIL COMMENTS
Councilmember Bell asked about the house on Brompton if it were
in compliance with the zoning ordinance. DirectoY:",of Operations,
Curtis Cooper, advised that the owner is adding onto his house and
will comply with the ordinance.
Councilmember Bryan asked ~the$tatus,of the Harvey personnel
study. The City Manager advised that the study was in the final
stages and would be available for ,review very soon.
COlJhCilmember' Bryan inqu,ired as to the status. of. the appraisal
district question tax.
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Mayor Parks shared information received .from ao,omp'.any that
teaches ,how to effecti:vely protest taxe's. City GQunci,ldiscussed
the possibility of using the company,for such a purpose. However,
it was agreed that there are residents who are willing to
volunteer their ,time to 'teach. such.,a course. Mayor ;parks agreed
to contact these people to,see if~ tax seminar' might be scheduled.
STAFF REPORT
, City Manager, Ri chard Rock'enbaugh, had nothi ng further for
Council's consideration at this ~ime,.
CONSIDERATION WAS GIVEN TO, CONVENING IN A CLOSED EXECUTfVE SESSION AS
AUTH0RIZED BY THE OPEN 'MEETINGS. ACT , TEX. REV. CIX!, STAT. ANN., AS
AMENDED, ARTICLE 6252-17, SECTION 2(g) DISCUSSION OF PERSONNEL: CITY
MANAGER REVIEW. "
Mayor Parks recessed the workshop session to convene in closed
executive session to di~cuss personnel.
At the conclusion of the discussio,n,.Mayor Parks reconvened
Counc'i 1 in open's,essi on.
ADJOURNMENT
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With no further business to com~,before City Council at this time,
Mayor Parks declared the workshop ,session adjourned at 9:20 p.m.
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City Council Workshop Session, January 9, 1989
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Michael L. Parks
Mayor
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Audrey Ni 0 s
City Secretary ,
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CITY COUNCIL WORKSHOP SESSION
THURSDAY, JANUARY 19, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
City Council convened in workshop session in the Municipal Building,
3800 UniversHyBoulevard,""in the City of West University Place, on
Thursday, January 19, 1989, with the following members present: Mayor
Parks, presiding; Councilmembers Bryan, and Schwartzel. Councilmember
Britton arrived at 7:12. Also present were the City Manager, City
Secretary, Director of Operations and the Chief of Police.
HEARING OF RESIDENTS
There were none present who wished to speak.
DISCUSS MASTER PERMIT ORDINANCE
The City Attorney presented a proposed master permit ordinance and
reviewed the sections with Council. Changes were discussed
relating to plan checking fees, cost of appeals, and qualified
trees. Several amendments were suggested and Council concurred
they should be incorporated into the ordinance before first
reading. However, Councilmember Britton thought the ordinance too
complex and he would vote against it. It was agreed to place the
ordinance on the agenda for the regular session on January 23,
1989.
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PARK BOARD MEMBERS TO DISCUSS LIVING SPACE FEE FOR PARK LAND PURPOSES
AND DISCUSS ACQUISITION OF LAND
Russ Schulze, Chairman of the Parks Board, discussed an 1I0pen
space preservation feell on new construction, such fee to be used
for the acquisition of the JMH property. Mr. Schulze thought
there was a need for a community park which he visualized as one
not filled with playground equipment, but one the whole community
could enjoy. Mr. Schulze suggested this type of park would be
the optimum use of the JMH property. Mr. Schulze suggested
community fund raising events to increase available funds for park
land acquisition. Mr. Schulze recommended that Councilmember
Schwartzel and Councilmember Bell be given some official
recognition for their efforts to secure trees to be planted along
the streets. City Council agreed to officially recognize the
Councilmembers.
After discussion, Mayor Parks stated he was not in favor of the
open space preservation fee at this time.
Mr. Schulze suggested there was a sixty foot strip of land owned
by the city across Holcombe Blvd. which is now a storm drainage
ditch and leads to Braes Bayou. He suggested Council consider
investigating the possibilities of covering the ditch using county
or state money to convert the ditch into a jogging track.
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City Council Workshop Session, January 19, 1989
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City Council' was interested in, the Hlea"and woulddtscuss it
further after more information can be gathered.
Dave Agerton, suggested there was a; lot for salene'a-r Colonial
Park on, Byron Street and suggested Council cons i der;' .purchas i ng
the property as an addition to Colonial'Park. ;
'City Counti 1 discuss:ed makirfgan cjffer for the property:cand to
proceed';with an appraisal to' establish: th.e.value. Councilmember
Schwartzel stated he did not feel comfor,table, purchasing a site
remote from Colonial Park at a time when the city had no assurance
that it will be'able, to purchase theothe'radjacent 'lots. The lot
'in questiortcbuld not betted,tnto.Colonial Park' at this, time.
Councilmember Schwartze'l suggested that if thecity.thad::rights of
first refusal 'from property owners-adjacent' to.Coloni:alPark, he
wou 1 d feel more' recepttvetoward the pu rchase of this pa rt i cu 1 a r
lot. Mayar Parks. suggested staff: makearrang.ementsiforan
appraisal of the lot on Byron and, at the same time, get an
appraisal of the "city-owned!:ldt on Commun'ityDrive and! pursue the
necessary steps' to request dghts-'of;first refusal from the
property owners adja'cen,tto. Colorilal Park. ' ,C;'
COUNCIL COMMENTS
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Councilmembe'r Schwartzel inquired'asto how, many extra garbage
bags the city sells and sug'gested ,"that if the city was not making
money from these sales, to quit ordering the bags or raise the
price to the residents.' ~.,.1
Staff: agreed to compare thecost:ofthe hagswi'th locahT.etail
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'Council member Bryan suggested a' letter ,be: wr'i ttentothe West
University Church of Christ that Council was agreeable\to: enact a
resolution honoring the church's fiftieth anniversary.
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C'orrespondencereceived'froni Fonza . Smith was ;,dtscussed:~, ',Ci ty
CduncilJ:agreed to send :a response "tp 'Mr .Smith<wtththe 5ii gnatures
o'f' 'each member .of City COlinci 1: ' , .:
"
Mayor Parks stated he received a telephone call from a resident
who reparted :speed,i ng Or'n':Hha,ns' :andasked! if [there was improved
police patrol in the area.
City Manager, Richard Rockenbaugh, advised that police patrol on
Al bans had:, heen i'ncreas\ed ." . "
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Mayor Parks advised Council that the Montclair Center would
expand toward the back and suggested Council write a letter to
request that area be beautified similarly to what the Center had
done in the front. Councilmember Schwartzel suggested the city
wait until the Bissonnet/Academy intersection modifications were
complete and further suggested the owners of the center be given
- ""lIT"-~"
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City Council Workshop Sess ion, Janu-a:ry~ -19',,' 1989
'- acknowledgement forthei r 'donations ofi'trees, planted in the
median. " .< - < - - , -,
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Counci:lmemb~r Schwartze'lr,ecommended :a.'procl amati on be prepared
- re<;ogniziin'g- those who -donated;money-and/or,trees for the -
beaut i fi ca t ion proj ec'ts. ~ .': " ,
CounCilmember- Bell- asked, how fa:r ;a' driveway 'may -be- fl ared where it
meets the street.'-He-:suggested one driveway beaheGked to see if
complied with- Gity"codes. (0;. , :,1)_
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CounCi 1 member Bri'tton asked if Chi ef Griffith had presented a
':progress report for Council's,< review. I,' He 'asked" if the report
."induded phns for rehabil tta'tion :for- those~ personnel who had been
dis;C'iplined. Richard Rockenbaugh 'advised that the report had been
provtded a'nd it'was for distribution tonight~'" However, Chief
Gri ffi th: .wou 1 d be asked ~'oa ttend':thene.xtJworkshop sess ;:on.
" ,. .', : i ~ 1 Y. i:-" :
Board and 'Committees were- discussed>and.it w'as agreed to' request a
, state of 'Committee 'Report'frolll each: one' a'nd . an outl i ne of goals
for the next City"ColJnci-Hs' consideration.
STAFF REPORT
The City Manager:aistributedl,c;'opies of the' draft agenda for
Monday ,January 23, 1989 ,regular meet.ing.-
CLOSED EXECUTIVE SESSION
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Ctms~iderati;onwasi given to-convening i'n 'a closed, executive session
as authori zed by the Open Meeti ngs Act, TEX. REV. CIV. 'STAT. ANN.,
as amended, Article 6252-17, Section 2(f) Discussion of Land
Acquisit;-on and Section 2'(g) Dis'cussion of Personnel: City Manager
" Review'; '. '- - . " , , '
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Mayor Parks recessed the open session to convene in closed
executiv.e session under Article.,6252-l7,,-Section 2(g) Discussion
of' pers'onne 1 at ,10: 11 Ji. m. Discuss ion of 1 and 'acquTsi t i on was
handled in open session. The c:losedsession was completed at
11:00 p.m.
Mayor Parks "reconvened City Cduricill~ in'open ::session. '
ADJOURNMENT
With no further business to come before City C.ounc'il at this time,
Mayor Parks ,~eclared the workshop session adjourned at 11:02.
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City Council Workshop Session, January 19, 1989
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80
REGULAR CITY COUNCIL MEETING
MONDAY, JANUARY 23, 1989
MUNICIPAL BUILDING
3800 UNIVERSIT~ BLVD.
7:30 P.M.
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. City'C6uncil :convened'i'n regular session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, January 23, 1989, with the following members present: Mayor
Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel.
Also present were the City Manager, City Secretary, City Attorney,
Director of Administration, Director of Operations, and the Cnief of
Pol ice. Councilmember Britton del ivered the - invocafion 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 a~tention 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.
Mark Spradling, 3315 Sunset Blvd, and David Agerton, 3020
Pittsburg wished to address Council concerning agenda item on
land acquisition. However, they agreed to wait until that item
was open for discussion.
,~)
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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 Bell, that the consent agenda be
approved in accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
None
None
ORDINANCE REVISING CHAPTER 6 OF THE CODE OF ORDINANCES, BUILDINGS AND
BUILDING REGULATIONS: Mayor Parks presented the ordinance and read
the caption, as follows:
ORDINANCE NUMBER 1337
AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES AND RELATED
REGULATIONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; ADOPTING CERTAIN STANDARD
CODES WITH AMENDMENTS; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
Regular City Council Meeting, January 23, 1989
81
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Motion was made byCouncilmemberBell, seconded by Councilmember
Bryan, that Ordinance Number 1337 be accepted on first reading as
presented.
Councilmember Bryan stated she was willing to vote for the
ordinance because she'thought it basically accomplished what the
city needs . Howeyer:,$hewi shetlto 'express heY'" concern that she
thought! the ordinatitecinakes a statement that the sovereign never
makes mistakes and that regardless of what the citizens do, that
they are ul timately the 1 iable p'artY. That was her concern
regardless of what the law was. Councilmember Bryan stated
further she thought the citY. bad gone out of its way to
essentiallyitell the citizen's' WE! do not make mistakes and she'-was
not comfortable with that, but basically she thought the ordinance
was well done and she would 'vote in favorof.it.
With no flirtherdiscussion'offered, Mayor Parks: called the vote.
Voting Aye:
Voting No:
:"'Absent: '
Mayor Parks ,'Councilmembers, Bryan, Bell,
Schwartzel
Councilniember Britton
None .,
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SEXUALLY ORIENTED BUSINESSES: Consideration was given to the
submitted Ordinance Number 1335, AN' ORDINANCE RELATING TO SEXUALLY
ORIENTED BUSINESSES 'AND ADULT ARCAOES; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, 'TEXAS; AND
CONTAINING FINDINGS AND PROVISIONS'RELATING TO THE SUBJECT, to the
Zoning and Planning Commission to request they consider an
amendment to the zonin'gordinance to prohibit sexually oriented
busi nessesi riel ose'proximnyto schools.-",';' ,
Motion was made by Councilmember Bryan, seconded by Councilmember
Bell ~'that CityCouncil"'forma'lly'submitOrdtnance'Number 1335 to
theloni'ng and Ph;nningCominissfon.viithth'e request that they
consi'der. an anien'dmen't to thezoning':ordi nance; to' prohibit sexually
oriented businesses in close prOximity to schools: !
VdtingAye:' . Mayo'r Parks',Councilmembers Brya'n, Bell,
"Brittan, Schwartzel
Voting No: None
Absent: None
HARRIS COUNTY 'APPRAISAL.DIS:r.rUCT ,REV1EW BOARDS: . ,,:Corisiderati'on was,
given toen'dorsing BondBlaokman,'Jr~, to~erve' ona 'review"'-
board 'for ,the Harri s'county,'App'rcrfsa 1 Di strict~~,
After discussion, motion was made by Councilmember Schwartzel,
seconded ,by Courtcilmember Bryan, '-that City Council table the
request for endorsement IJntil the: next worksnopsession.
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Regular City Council Meeting; January 23, 1989
Voting Aye:'
Voting No:
Absent:
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MaYdr Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
None
None
cLAND:,ACQUISITION: . Mayor Pa~ksrecommend:ed. City Council ,consider
delaying ,consideration of:land Acqu.isitionuntiJ such Ume as
the remaining agenda items 'were:oompleted. Mayor Parks would at
that time excuse himse~f from parti'cipation in the discussion and
, 'vote and woul d 1 eave the Council Chambers.
AUTIIORIZATION TO AD'v'[RTIS[ rORBIBS.:' Consideration was given to
authorize advertising for bids for the following:
(a) Purchase of janitorial supplies;
(b) Purchase of oi 1 and gas for city vehi cl es;.
(c) Constructi-on of mod';fications to Browning Street.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bell, that City Council authorize advertising for
bids for the items listed.
Vot.ing Aye:
. V'oting No:
Abseht:
'M'ayor ,Parks, Councilli1embers Bryan, Bell,
Britton, Schwartzel
None
None
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MASTER PARKS ,PLAN: Consideration Was given to accepting and,
approving a proposal to contract for the development of a master
parks plan.
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Moti'on wasmade'byCouncilmember Schwartzel, seconded by
, Council member Bell,' 'th,atCity Counc-il aeaept the proposal from
; Tapley-Lunow Architects' for development of a master parks plan
at a cost not .to exceed '$30,000.00.
Voting Aye: .'.. Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
Voting No: None
Absent: None
ENGINEERING SERVIOES FOR UTILITY 'RELATED PROJECTS: Consideration
was "given to :the i nvoi ces .tota 1 i ri'g :$3,'602 .89 sUbmitted' by Langford
EngineeringInc.~'for eogtneering ~ervicesin connection with
utility related projects, as follows:
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(a)' Inv,oice No~, 5705 in the amount,of. $321.17 for .study to
. ,- 'funy automate"Wakeforest Water Plant;... -.,.,
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Regular City Council Meeting, January 23, 1989
(b) Invoice 5706 in the amount of $647.82 for sanitary sewer
renovation project,Phase 3, Priority Area 1', West
University 1st .subdivision; , ,
(c) Invoice No. 5707 in the amount of $2,.633.90 for sanitary
sewer renovation project, Priority Area '2, College Court
Subdivision.'
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bell, that the invoices submitted by Langford
Engineering Inc., be 'approved for 'payment as listed.
Voting Aye:
Voting No:
Absent:
Mayor 'Parks,Countilmembers Bryan;; Bell,
Britton,Schwartzel
None
None
COUNCIL COMMENTS: No member of Council had anything further for
discussion at this time.
STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing'
further for Council's consideration at this time.
Ii
CITY COUNCIL MEETING M;INUT6S:Consideration was given to the minutes
of City Council'JJ1eetings,as follows:
(a) City Council Regular Session, January 9, 1989;
(b') CityCouflcil 'Workshop'Sess:ion, January 9', '1989.
,- . . .
Motion was made by Councilmember Bryan, seconded by Councilmember
Bell, that the minutes be approved as submitted.
Voting Aye:
Voting No:
Absent':
"
Mayor"Parks, Councilmembers Bryan, Bell,
Britton,' Schwartzel
None
None ' "
LAND ACQUISITION: Mayor Parks submitted the following affidavit and
-, excused himseTffrom discussionand.partiCiipation :ir'r any 'manner
with the consideration of the acqu'isitionof4106 Byron:
"AFFIDAVIT
STATE OF TEXAS
'. f -~
COUNTY OF HARRIS
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BEFORE ME, the:undersigned authority on this day
personally appeared Michael'L Parks, Mayor of the City of
West University Place, Texas, personally known to me to be
the person . 'whose "namei s subscri bed hereto and upon his
oath deposes and says:
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Regular City Council Meeting', January 23, 1989
(1) He has a substantial interest in Martha Turner
Properti~s~ Inc. in that his spouse rec~ives substantially
all of her income from ,that firm.
(2) 'That firm would. be peculiarly affected by a vote
or decision ,by' the,City"Counci-l of the City of West
University Place with respect to the property known as 4106
Byron, because that firm has an ongoing relationship as a
realtor for~Texas Classiic Homes, which reportedly has ,a
contract to buy, the same property (that is~ 4106 Byron).
Although the Martha Turner' firm apparently had no role
whatsoever in the proposed contract for Texas Classic Homes
to buy 4106 Byron, this afffdav-"it.is filed in an
abundance of caution, and Iintertd to abstain from
participation in any City action regarding this matter.
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Isl Mi chapl I _ Parks
SWORN TO AND SUBSCRIBED before me this 23rd day
of
January' " 1989.
(SEAL)
Isl -Mi-ldred Miller
Notary \publ ic
'My commission expires:2/16/92
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, i FILED WITH ME, the offiC'ial .record keeper 'of the City,
on this the 23rd day of January, 1989 at 7:30
, 0 I C 1 oc k P. M.
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Isl AlJdrpJ/ Nichols
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Mayor Parks left Council Chambers at this time.'
Mayor Pro Tern Bryan presided over the discussion. Mayor Pro Tern
Bryan invited comments from Mr. Agerton and Mr. Spradling.
. . .
. City Council did 'not convene in closed: session and all discussion
was held in open session.",
Dave Agerton addressedCounc:il and stated that the sell er
executed a contract last Thursday night and offered to sell the
property, located at 4106 Byron, to the ctty for $125,000.
Subsequently, the seller contracted with a builder to purchase the
house for $116,000. The builder is agreeable to assigning his
contract to' 'the. city for $116,000 plus the cost of -title insurance
whi'ch 'woul d" bri ngthe net cost to $117 ~OOO.
Mayor Pro Tern .Bryan questioned the fact that the seller 'offered a
contract to the city for $125,000 and at a later time entered into
a contract with a builder for less money. Mr. Agerton stated
that was correct. The builder would assign the contract to the
Regular City Council Meeting, January 23, 1989
n
City and the seller was agreeable. to that. The question was
whether City Coun~il would pay $117,000.' The builder builds
houses in other parts\.bfthe'citY~~l.f:rd'was willing to assign the
contract to the City.' ! .
Mark Spradl ing suggested City Council .not sign this contract
tonight and hope that the City would have more time to negotiate
with the builder.
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Mayor Pro Tem', Bryan 'advised that the appraisqlon 'the property
came in at $110;000.
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After further di'scuss i on, it was agreed that\ Couricilwou'1'Cl not
'enter irito the don't'ract to pur,chilse the lot at this time:.
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Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that City Counci 1 approve and authorlte the~ appra i sa 1 of
the property locateo at 41Pp Byro~ at the cost of $500.00" and
authorize the deve16pment'of a IIRfght of First Refusalll form, with
the help of the Long Range Planning Committee and the Parks Board,
to be used to solicit Rights of First Refusa:lfrom the propertY
owne~s of the lots adjacent to or near Colonia! Park. /
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o
Votin,gAye:
Voting No.:
Absent: .
'Mayor Pro' :t'~m Bryan, 'Councilmembers Bell,
Britton, Schwartz~l '
'Noo'e , .
Mayor Parks'
ADJOURNMENT: With no 'further business to come before Council'at
this ti~e, motion was made ,by CouncilmemberSchwartzel, s~conded
byCouncilmember Bell "that.the meetiri~adjourn. ,$uth'motion
carried and the meeting adjourned at 8:23 p.m~
Michael L. Par~~
Mayor'
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City Secretary, '
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86
CITY COUNCIL WORKSHOP SESSION
MONDAY, FEBRUARY 13, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
_-1
City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, February 13, 1989, with the following members present:
Councilmember Schwartzel, presiding; Councilmembers Bell, and Britton.
Mayor Parks and Mayor Pro Tern Bryan were absent. Also present were the
City Manager, City Secretary, Director of Administration, Director of
Operations, Fire Chief and the Chief of'Police.
HEARING OF RESIDENTS
There were none present who wished to speak.
STAFF REPORT: AGENDA REVIEW
City Manager, Richard Rockenbaugh, discussed various items on the
agenda. He explained that Ordinance Number 1338 was to update the
fee schedule from the previous year, td eliminate old fees no
longer used and include new fees that have been established either
by ordinance or the budgetary, process. Mr. Rockenbaugh summarized
the changes to the fee schedule. The ordinance was written with
an emergency clause for immediate adoption.
Councilmember Britton questioned the emergency clause and
requested the ordinance be considered on two readings.
Councilmember Schwartzel questioned the $85.00 fee for ambulance
charges for out-of-city users. Fire Chief, Terry Stevenson,
advised that Houston's rate was $125.00 to transport a patient to
a hospital. Councilmember Schwartzel suggested Council accept the
ordinance on first reading as presented but to consider increasing
the charges to transport Houston residents as an amendment on
second reading of the ordinance
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Mr. Rockenbaugh opened discussion on the building code ordinance
with a review of two amendments for Council I,S consideration. One
amendment affected Section 6-22 dealing with the term of a house
moving permit and lengthened the expiration date of such a permit
to 60 days. The ordinance as accepted on first reading had an
expiration of 30 days on house moving permits.
The other amendment was as Council expressed at a prior workshop
session and had to do with Section 6-27, Certain costs of
appeals, etc., which would ame~d that section, as follows:
The hearing board may order that the City refund a~~ Sf
~a~~ up to 50% of any appeal or variance fees and costs
that the appellant has paid 4R eases to the City in
j
City Council Workshop Session, FebruarYIJ, 1989
8..7
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cases where the board reverses or substantially mo'difies the
decision or stated position of the building official,
w~efe t~e a~~~4eaRt ~effieRstfates t~a~ ~~e~fa4t~e##efts
w~efe. ffia~e te eeffi~~Y w4t~a~~ a~~~4ea~~e fe~~~at4eRs, or
arantsa variante~but ~mlY ff the board ~e.HeYes -
finds and 'determines that itwou:H:1 be just and equitable
for the City to bear a: portion of the fees aDd 'costs rather
than the applicant, in view of all the attendant
circumstances.
City Council agreed to consider the'amendments at regular meeting.
The proposed Infectious Diseases Policy was discussed and
Counc;lmember Britton expressed his concern with the policy. He
thought it, should be a general/pbl'icyand not address a specific
disease. Counc.ilmemberBri.tton adVised he would propose several
amendments to the policy at the re~~lar meeting.
DISCUSS AND CONSIDER REQUEST FROM CITY OF HOUSTOk FOR AN EASEMENT
ACROSS THE LANDFILL PROPERTY . .
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Mr. Rodenbaugh reported that>the. Ci tyof Houstoni s proposing a
sanitary sewer easeme'rit'goingdowh:' 'to Keegans north to the
bayou. . Houston hasappr.oached"the City: and asked for ani'easement
along the eastern bounda-r,tof ,the 1 andfnl for construction of a
force main Tine. Staff is> proposing to :work ,out a plan>so that
the City can get something in return for the easement. The City
can charge Houston for the easement or we can work out an
exchange. .
'," Curtis Gooper, Director'ofOperat ions,rexPla inedtha t staff has
had ri,umerous meetingswith'residents<who :want:a; buffer between the
landfill and their adJacent's'libdivisfon. Mr. Cooper: thought by
an owi ng Houston: the 'easemen'tiwe could get them to ,help with the
work to plant a 'oufferlone of trees . Also>,' in the future, the
Environmenta lProtecti on' !Agerfcy wi1lrequife theCi t;y to install
five sampling wells at the landfill. The plan is, if gas collects
in the well points, then th~ city will have to construct a
twelve-foot sand ba:rrie'r.'It is staff's'understanding that if
Houston would agree to put the sand bar,rier in while they are
constructing the force main line, then the City would not have to
put in the siampl i ngwelTSi. ; ; :!j >1
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'After discussion, it was the consensus of Council that the City
would be wi 11 ing...tp; WQ,rk with Houston for the easement.
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DISCUSS GENERAL APPEALS BOARD APPOINTMENTS
;.',
Mr,Rockeribaughad"ised CoUncil that with the adoption of
OfdinanceNumber1337 '(on.tibeagendaforregularmeeting) the
Gerieral' Appeals"Board woulM,be 'established. The ordinance calls
for a membership of.three, with two;alternates and appoints Curtis
Cooper as one member. Term of office beginning September 1, 1989,
is two years or until they are replaced.
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88 City Council Worksho.p,$essioR,- February 13, 1989
Several. names were di.scussed for staff to contact.
RECESS ~ORKSHOP SESSION
. ,
At 7.:,30 p..m. ,;motion was, made by Councilmember Britton, seconded
by Councilmember .Bell; that the workshop recess sq that City
Councjl may go into the regular meeting as sthedu'led.
0....-1
Voting Aye:
Voting No:
Absent:
Councilmembers Schwartzel, Bell~ Britton
None
Mayor. Parks, Mayor Pro Tern Bryan
RECONVENE WORKSHOP SESSION
1--".
CouncilmemberSchwartze:lr-r~c:onve!1ed the wor.k~hop session at 7:55
. p.m., to conti.nue with t.he',workshop agenda..
, .
DISCUSS 1989 CITY EXEMPTIONS
.' T' ,
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The City Manager distributed informaUon to consider relative to
possible city exemptions. The current over-65 exemption is
$42,850.. . Under considerationw~s ,to increase the exemption to
$52,850~ . Donna Sims,- Director ufAdministration, advised Council
that the State Property Code ~pecjfica lly states the types of
exemptions available for the City.. :rhe City grants those
exemption allowed: the,over-65 exemption and a $3,000 veteran's
'. exemption.
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Mayor Parks came in at 8:05 p.m.
Councilmember Schwartzel st,ated that if the rel ief to the, over-65
resident were only $30..,00.(1 ':year, he ,did not think it would be
much of'a',relief, .but it ,will have. an impa<;t on the City in the
future. There are those senior ci:tizen~ who are able to pay the
taxes and an increased exemption,would not be based on need. He
thought the Ci ty was doing al r,eady a si gnifi cant amount for those
in that .age group. . d:'
,Councilmember-s, Bell and Britton were In favor of considering the
increase.
After further discussion, Mayor,Par,ks stated he was not in favor
of the increase and the consensus of Council would be against the
increase.
DISCUSS COOPERATIVE BEAUTIFICATION PROJECT WiTH HARRIS COUNTY
" ,
Mayor Parks reported that he had the opportunity to visit with
Commissioner Steve Radack,Harris County Precinct 3, and
Commissioner Radack was agreeable to assisting West .University
Place with beautification projects. Projects discussed included
planting of trees on Bellaire and ,Bissonnet.
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City Council Workshop Session, February 13, 1989
89
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Councilmember Schwartzel was agreeable to working with Harris
County but expressed hisCOl1cern that the City not commit to
projects requiring a great deal of money on maintenance. Mayor
Parks suggested the City get a street plan for Bellaire.
Councilmember Bryan came in at this point. City Council agreed to
pursue the project with the county. Mayor Parks agreed to call
Mayor Carter' of Bellaireand Mayor Bellamy of Souths ide
Place to coordinate planning for the projects. 'The Mayor
suggested this item be placed on the next workshop agenda.
COUNCIL COMMENTS
Councilmember Bryan asked to'review at the nextcworkshop session
items pending for City Council's cons:ideration.
The next workshop sessionwasscheduled,for Monday, February 27,
1989, 6:30 p.m.
ADJOURNMENT
With no further business:tocome before Council at,this time,
Mayor Parks declared the workshop session adjourned at 9:20 p.m.
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Audrey Nl 015 ~
CitySecretary'
Michael L. Parks
Mayor
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REGULAR CITY COUNCIL MEETING
MONDAY, FEBRUARY ,13, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY.BLVb.
7:30 P.M.
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City CouncH conVened in regular session .in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, F ebrua ry 13, 1989, with the foll owi ng members present:
Councilmember Schwartzel, presiding; Councilmembers Bell and Britton.
Mayor Parks and Mayor Pro Tern Bryan were absent. Also, present were the
City Manager, City Secretary, Director of Administration, Director of
Operations, Fire Chief and the thief of Police. Council member
Schwartzel delivered the invocati~n and led the Allegiance to the Flag.
HEARING OF RESIDENTS: Councilmemher.Schwartzel invitedrestdents to
speak who had matters they wished to bring .tu 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: Councilmember Schwartzel invited
residents who wished to address a specific agenda item to speak at
this time.
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There were none present who wished to speak concerning an agenda
item.
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ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Britton
requested agenda item No. 10 Infectious Disease Policy be
removed from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Britton, seconded
by Councilmember Bell, that with the exception of item No. 10, the
consent agenda be approved in accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Councilmembers Schwartzel, Bell, Britton
None
Mayor Parks, Mayor Pro Tern Bryan
ORDINANCE REVISING CHAPTER 6 OF THE CODE OF ORDINANCES. BUILDINGS AND
BUILDING REGULATIONS: Consideration was given to the second reading
of Ordinance Number 1337. Councilmember Schwartzel read the
caption as follows:
ORDINANCE NUMBER 1337
AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES AND
RELATED REGULATIONS; AMENDING THE CODE OF ORDINANCES OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS; ADOPTING CERTAIN
STANDARD CODES WITH AMENDMENTS; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
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Regul ar City Council Meeti ng, February 13, 1989
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Copies of Ordinance Number 1337"in the form required for
adoption, were available to all members of City Council and a
reasonable number bf additional copies avaiTableto,interested
citiZens present.
At staff,' srecommendation thefoll owi n9 amendment, was offered to
Section 6...22 of Chapter 6 :' to amend the term of house movi n9
permi ts to the 60thdayfoll owin9 day of issuance.
Motion was made by Councilmember Britton, seconded by
Councilmember Bell, to accept the amendment ,as stated.
. Vot.i ng Aye:
Voting No:
Absent:
CouncilmembersSchwartzel, Bell, Britton
None
Mayor Parks, Mayor Pro Tern Bryan
The following amendment'toSection 6...27, Certain, costs of appeals,
etc., was presented.
The hearing board may order that the City refund aH eF
~aF~ up to 50% of any appeal or variance fees and costs
that 'the appellant has paid .:tfleases to the City in
cases where the board reverses or substantially modifies the
deci s i on or stated posi tion of. the buil di n9 oJfi ci a 1,
w!:leFe ~!:Ie a~~Heafl~ E1efRefls~Fa~es ~!:Ia~ ~eeEl :fa.:t~!:I ,effeF~s
'w!:leFe fRaEle ~e eefRJ:l~yw.:t~!:I aH'aJ:lJ:lHeae:j.e Fe~~:j.at4efls, .Q!
qrantsavariance, but only if the,boardeeUeyes
finds and determines that it would be just and equitable
for the City to bear a portion of the fees and costs rather
than the applicant, in view of all the attendant
circumstances. '
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Motion was made by Councilmember Bell, seconded by Councilmember
Schwartzel,that the, amendment be accepted:as p.res~nted.~
Voting Aye:
Voting No:
Absent:
Councilmembers Schwartzel, Bell
Britton
Mayor Parks, Mayor Pro Tern Bryan
Motion was made by Councilmember Bell, seconded byCouncilmember
Schwartzel, that Ordinance Number 1337 be, adopted on second
reading as amended.
Voting ,Aye:
Voting No:
Absent:
CouncilmembersSchwartzel; Bell
Britton
Mayor Parks, Mayor Pro Tern
ORDINANCE REVISING AND UPDATING THE FEE SCHEDULE: Consideration was
gi Yen to the fi"rst r,eadi'ng ofOrdi:nance Number 1338.
Councilmember Schwartzel read the caption, 'as follows:
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Regular City 'Council Meeting, 'February 13, 1989
. ORDINANCE NUMBER 1338
AN ORDINANCE. ESTABLISHING AND REESTABLISHING FEES AND
CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE
CITY; AMENDING ORDINANCE NUMBER 1312 ADOPTED FEBRUARY 8,
-1988; CONTAINING A PROVISION TO'AUTHORIZE THE CITY MANAGER
TO ESTABLISH FEES AND :CHARGES IN CERTAIN CIRCUMSTANCES;
CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE
SUBJECT.
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Copies'of Ordinance Number 1338;, 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 Britton to delete the declaration
of emergency in thecaption and delete Section 7, the enacting
emergency clause, requiring two readings of the ordinance.
Councilmember Bell seconded the motion which was then voted on and
carried by the following vote.
Vo:ting Aye:
Voting No:'
Absent:
Councilmembers Schwartzel, Bell, Britton
None
Mayor Parks, Mayor Pro Tern Bryan
Motion'~was made by Councilmember Britton, sec:onded by
Councilmember Bell, that Ordinance Number 1338 be accepted on
first reading as amended.
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Voting Aye:
Voting No:
Absent:
Councilmembers Schwartzel, Bell, Brittori
None
Mayor Parks, Mayor Pro Tern Bryan
ORDINANC[ ,R[LATINC TO rIR[ PROT[CTION AND PR[~[NTION: Consideration
was given to the first reading of Ordinance Number 1339.
Councilmember Schwartzel read the caption, as follows:
ORDINANCE NUMBER 1339
AN ORDINANCE RELATING TO FIRE PROTECTION AND PREVENTION;
AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; ADOPTING A STANDARD FIRE
PREVENTION CODE, WITH AMENDMENTS; AND CONTAINING FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance Number 1339, in the form required for
adopti on, were avai 1 ab 1 e to all members of City Counci 1 and a
reasonable number of additional copies available to interested
citizens present.
Regular City Council Meeting, February 13, 1989
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Motion was made by Coundlmember Bell, seconded byCouncilmember
Britton that Ordinance Number 1339 be accepted on first reading as
presented.
Councilmember Britton stated that he seconded the motion for the
sake of discussion, however', he' would,t1owmove to tabl e the
ordinance until he had more background information to support its
enactment.
Councilmember Schwartzel invited comments from staff. Fire Chief,
Terry Stevenson~ responded that' the City had not updated the Fire
Code since 1982. Ordinance Number 1337 adopted the 1988 Edition
of the Southern Building Code Congress International,'Inc:., and he
recommended an updated fire code be adopted so that the two would
be compatible with one another.
Councilmember Schwartzelsuggested that Council consider accepting
the ordinance on first reading and have the Fire chief in to the
next workshop session td review background information.
Council member Britton withdrew his motion to table the ordinance.
Councilmember Schwartzel called for a vote on the main motion.
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VQtingAye:
Voting No:
Absent:
CpunGilmembers Schwartzel, Bell, Britton
None
Mayor Parks, Mayor Pro Tern Bryan
RESOLUTION HONORINGRICH.8RD A. ALLEN, FIREFIGHTER, UPON HIS
RETIREMENT:Councilmember.Schwartzel presented and read the following:
CITY OF WEST UNIVERSITY PLACE
RESOLUTION NUMBER 89-03
WHEREAS, Richard Albert Allen was employed by the City
of West University Place, Texas, as a Firefighter on
December 20, 1963i_and
WHEREAS, on November 24, 1964, Mr. Allen was promoted
to Relief Driver and to Driver on February 9, 1967; and
WHEREAS, after seven ye'ars of service, Richard A.
Allen was promoted to Captain of the West University'Place
Fire Department, to the positig!1 hecurrent]y holds; and
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WHEREAS, Richard A. Allen submitted his letter of
resignation to the Fire Department staff to pursue the
pleasures of fishing, hunting and other leisure activities;
and
WHEREAS, the City Council desires to give recognition
to Richard Albert Allen for his twenty-five years of
faithful service to the city.
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Regular City Council Meeting, February 13, 1989
NOW, THEREFORE, BE IT, RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WEST.UNIVERSITY PLACE, TEXAS:
Section 1. That the City of West University Place,
Texas, acting by and through, its City Council, hereby
commends Richard Albert Allen for his, distinguished service
to the city and its citizens.
Section 2. That the City Council, on behalf of all
citizens,- staff personnel and city officials, expresses its
grateful'appreci~tion to Richard A~ Allen for, his devotion
to his d~ties, his leadership, his excellent attendance
record and for the manner in which he faithfully performed
his responsibilities.
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Section 3. That this Resolution be signed by each
,member of the City Council and that the Mayor be, and he is
hereby, authorized to deliver to Richard' Albert Allen the
original hereof.'
PASSED AND APPROVED this the 13th day of February,
1989.
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Mi chae 1- L. Parks, Mayor
Beth Ann Bryan, Mayor Pro Tern
Buddy Bell, Councilmember
H. L. Britton, Councilmember
C. Boone Schwartzel, Councilmember
ATTEST:
Audrey Nichols, City ~ecretary
Approved as to form:
James L. Dougherty, Jr.
City Attorney
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Regular City Council Meeting, February 13, 1989
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Motion was made by Gouncilmember Bell~ seconded by Councilmember
Schwartzel, that Resolution Number 89-03 be-radoptedas read.
Voting Aye:
Voting No:
Absent:
Councilmembers Schwartzel, Bell, Britton
None' _ ' '
Mayor Parks, Mayor Pro Tern Bryan
The signed and framed resolution was presented to Dick Allen.
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PROCLAMATION:Consideration'was given to designating the week'of
February 13-19, '1989, as Fiha-ncialAid Awareness Week for the
Texas Association of Student Financial Aid Administrators.
Motion was made by Councilmember Britton, seconded by Council-
member Bell,' that the proclamation be approved as- presented.
Voting Aye:
Voting No:
Absent:
Councilmemb'e'rs Schwartzel, Bell, ~ritt.on
None .
Mayor Parks', Mayor Pro. Tern 'Bryan'
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INFECTIOUS DISEASE POLICY:_ Councilmember Schwartzel invited
discussion' of the policy.
Councilmember Britton stated he agreed with the policy in
principal however, he would offer two amendments. In Section II
at the end of the sentence, add "under the terms stated by the
insurance underwriters"'a'Yld the 'first sentence of Section IV be
changed a~, fo 1.1 ows :
The sentence to read: Delete the first word "Extensive".
IIInformation on disease,s-as provided throughgoViernmental
agencies and approved by the city health officer. II
Motion was made by Councilmember Britton, seconded by
Councilmember' Bell, that the amendment be accepted as,stated.
Voting Aye:
Voting No:
Absent:
Councilmembers Schwartzel. 'Bell, Britton
None
· Mayor Parks, Mayor Pro Tern Bryan
Council member Bri tton moved that, as' the second ,amendment, delete
the "Note" at the end of Section II I. Counci lmember Bell seconded
the motion. After discussion, the following votewcis taken:
Voting Aye:
'Voting No:
Absent:
. :Counci lmeinbers Britton
Counci'lmembers Bell, Schwartzel
Mayor Parks, Mayor Pro. Tern Bryan,
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The amendment failed. Councilmember Schwartzel called for a vote
to approve the policy with the,first amendment but not the second.
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Regular City Council Meeting, Febru~ry 13, 1989
Voting.Aye:
Voting, N;o: .
Absent:
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None.
Mayor Parks, Mayor Pro Tern Bryan
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CHARTER REVIEW COMMITTEE TERM OF OFFICE; Considerati.onLwas given to
extending- the term: of offic~ of the Charter RevieYJ, .Committee.
Motion was made by Councilmemb,erBritton, seconded by
Councilmember Bell, that City Council formally extend the term of
office of th:e.C~arter Revi~ew Com,mjttee to ,such date as the .
commHtee I s. ,fi na 1 recomm~ndatiO'n is received by the Ci ty Counci 1.
Voting Aye:
Voting No:
Absent:
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Councilmembers Schwartzel, Bell, Britton
None ' , ,
Mayor Parks:, ,Mayor Pro Tern Bryan
~JJ.B.LIC;...HEAR.I.lliLON HOUSTONA.:IGHTING, &r POWER r.OMPAtiY. RFQIJEST FOIL..RJllE
CHANGE; Consideration was given to calling a public hearing to be
held on March 13, 1989, 7:30'p.m.,in, the Munic,ipa,l Building.
Motion' was inadeby Councilmember~ri tton, seconded, :by , , "
Councilmember Bell, that City Council calLthe public hearing on
March 13, 1989, 7:30 p.m., for the purpose of hearing citizen
input on ,Houston Lighti.ng &Pow~r Company request for."a rate
change. '"..~ .'
. :Voting Aye,:
Voting No:
Absent:
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Councilm!=!mbers Schwartzel ",Bell, Britton
None '. .." -
Mayor Parks, Mayor Pro Tern Bryan
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AUTHORIZA:f,rON TO ADVERTISE FOR 1liP~ Cons i derati'on wasgi ven to
authorize advertising for bids' for the purchase of communication
equipment for the Fire and Police Departments.
Motion Was made by Councilmember Britton, seconded by
CouncilmemberBell, that City Council authorize advertising for
purchase of the communication,equipment.
Voting Aye:
Voting No:
Absent:
Councilmembers Schwartzel, Bell, Britton
None '
Mayor~arks, Mayor Pro Tern Bryan
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PRIORITY AREA 3,SANITARYj..SEWER RENOVATION: Consideration was given
to authorize preparation of plans and specifications for the
sanitary sewer renovatioy! projectin;,Priority Area 3, Rice Court,
Monticello, Krenzler Courts, Evanston Addition and Quenby
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Court ,Subdivisions.
Motion was made by Councilmember Britton, seconded by
Councilmember Bell, that City Council authorize Langford
Engineering, Inc., to develop the plans and specifications for the
sanitary sewer project.
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Regular City Council Meeting, February 13, 1989
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Voting Aye:
Voting No:
Absent:
Counci lmembers Schwartze 1, Bell, Bri tton
None
Mayor Parks, Mayor Pro Tern Bryan
ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration
was given to the invoices/ total i:ng $3,508.14 submitted by Langford
Engineering Int., for engineering ,services in. connection with
utility related projects, as follows:
(a) Invoice No. 5733 in,the' amount of $252.06 for study to
fully automate Wakeforest Water Plant;
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(b) Invoice 5734 in the amount of $491.13 for sanitary sewer
re.novation .projectFPhase 3, Priority Area 1, West
University 1st Subdivision;
(c) Invoice-No. 5735 in the amount of $2,764.95 for sanitary
sewer renovation project, Priority Area 2, College Court
Subdivision.
Motion was made by Councilmember Britto:n';' secondedby<
Councilmember Bell, that the invoices submitted by Langford
Engineer,irig, Inc., be! 'approved for payment ,as listed.
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Voting Aye:
Voting No:
Abs'ent:
Counci lmembers Schwartzel, Bell; Britton
None
Mayar: Parks, Mayor Pro Tern Bryan
SANITARY SEWER RENOVATIONS:~ PRIORITY' AREA 2, COLLEGE GOURT
SUBDIVISIONS: Consideration was given to the following submitted by
Bearden Contracting Co., 'InC'~
(a) Monthly Estimate No. 5 in the amount of $57,324.90 for
work performed through January 27:, 1989, on .the sanitary
;sewerproject i nPdori ty Areaf2;
: '(0) Request for extension of time;
(c) Change Order No. 1 in the amount of $101,050.00.
Motion.'was made byCouncilmember Britton, seconded by
Coun'ci:1member Bell, that the items submitted by Bearden
Contracting Co., Inc., be approved as listed.
Voting Aye:'
Voting No:
Absent: .
CouncHmemoer.s :Schwartzel, Bell, Bri tton
None
Mayor Parks, Mayor Pro Tern Bryan
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LEGAL SERVICES: Consideration was given to the following invoices
submitted by James L. Dougherty, Jr.,,, City Attorney:
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Regular City Council Meeting, FebruarY 13, 1989
(a) Fees in the amount of $1,000.00 'for legal Services
rendered on City's behalf in connection with the MTA
project for the period January 1 through January 31,
1989;
(bY Fees in the amount of $4,349.70 for regular legal
'services rendered on City.s behalf for the period ending
January 31, 1989 and other items not previously billed.
Motion was made by Councilmember Britton, seconded by
Councilmember Bell,'that the invoices for legal services be
approved for,payment as listed~.
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Voting Aye:
Voting No:
Absent:
CouncHmembers Schwartzel, Bell, Britton
None, .'
Mayor Parks, Mayor Pro Tern Bryan
,CYCLONE FENCE AT LANDFILL: Cbn~iderationwas given to the invoice
in the amount of $8,550.00 submitted by Titan Fence Supply Co.,
Inc~, representing final payment for installation of the cyclone
fence at the Landfill. C
Motion was made by Councilmember Britton, seconded by
Councilmember Bell, that the invoice submitted by Titan Fence
Supply Co., Inc., be approved for ,payment..
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Voting Aye:
Voting No:
Absent:
Councilmembers Schwartzel, Bell, Britton
None
Mayor Parks, Mayor Pro Tern Bryan
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1988 TAX REFUNDS: Consideration was given to the request for tax
refunds for payment made in error or duplicated.
Motion was made byCouncilmember Britton, seconded by
Councilmember Bell,'~hat refund of taxes be authorized as follows:
Account Number
Amount
,222-60-10
221-35-35
051-16-20
221-5-110
222-62-45
$ 555.00
$ 1,548.00
i $ 5,30.00
$ 620.00
$,666.00
Voting Aye:
Voting No:
Absent:
Cduncilmembers$chwartzel, Bell, Britton
None ,
Mayor Parks, Mayor Pro Tern Bryan
COUNCIL COMMENTS: Members of Council had nothing. further to
discuss at this time.
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Regular City Council Meeting, February 13, 1989
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STAFF REPORT: City M'anag~r, Richard Rockenbaugh, had nothing further
for Council .sconsideration at this time.
CITY COUNCIL MEETING MINUTES.:.;MtflUtes of'the City Council meetings
were submitted, as follows:.'
(il)
(b)
City Counci 1 Regu,l ar Sess~ on, January 23, 1989;
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City Council Workshop Session, January 23, 1989.
Counc il member 'Schwa rtze 1 offered the fo 11 owi ng 'amendment to the
. workshop mi nutes:
Page 3, second paragraph: delete the paragraph.
Councilmember Bryan called her amendment to the City Secretary and
asked that the mihutes of the regular meeting reflect the
following:
Page 6, third paragraph: IIMayor Pro Tern Bryan advised that the
app~raisal on the property Came in .at $105,000 but the range
indicated it would be possible to go as high as $110,000.11
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,Motion was' made by Councilmember 'Britton, seconded'by
Councilniembe'r Be'11, that the minutes be approved as amended.
Voting Aye:
Voting No::
Absent:
Councilmenibers'Schwartzel, Bell, Britton
None .'
Mayor Parks, Mayor Pro Tern Bryan
ADJOURNMENT :' With no fu'rther '!:>us'iness to come before CityCounci 1
at .thi'stime,' motion was made, by Councilmember Britton,L,seconded
oYCouncilmember'Schwartiel; that the regular meeting. adJourn and
Council reconvene i nworkshop 'sess i on ~ ' Such mati on carri ed and
the meeting adjourned at 7:55 p.m.
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,C. Boone Schwartzel
; Counci 1 member,
aj~' ~Ai.
Auarey Nl~orS
City Secretar~ '
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CITY COUNCIL~MORKSHOP,$ESSIONi
MONDAY, FEBRUARY27~" i98~ :
MUNICIPAL BUILDING
" , .' 3800..UNIN:ERSITY' BLV.D~
6: 30 P,.MV' ><
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City CouncU ,convened in, worksho,p sess.ion..-i:n:; the Municipal Bu,j.lding,
3800 University Boulevard, in the City of West University Place, on
Monday, Febr.uary 27,,1989, wi.th: :the follipwing member's present: Mayor
Pro Tern Bryan, presiding; Councilmembers Britton and Schwartzel. Mayor
Parks' and Councilmember Bell wel1e; absent. Also 'present. were the City
Manager, City Secretary, City Attorney, Director of Administration,
Director of Operations, Fire Chief and Chief of Police.'
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HEARING OF RESIDENTS
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There were none present who wi~hed to spe:ak.
STAFF REPORT/AGENDA REVIEW
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, Ci tyManag~r, Ri chard Rockenbaugh, qi~cuss~d vari O!J,S items on the
r,egularagenda.i:: ".,
Fire Chief, Terry5tevenson, reportedonrrOrd.inance No. 1339,
adopti ng the updated Fi re Code. The'\amendments were proposed for
adoption to strengthen the fire code. The last time the City
lupda ted' 'the Fi re Code was in .1982 . and . it was. no longer compa t i b 1 e
with the Building Code which was recently updated.
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. Mr. Rockenbaugh reviewed the fee schedule amendment relative to
ambulan'ce transport. fee for 'Hou.ston. resi.den,ts. Th~ Gity of
Houston "charge's $125 ;00. to ,-transport: a West Uni vers i,ty- P,lace
", res;idetit-andH was recommend~d -that:,West University P-lace
,increase 'its fee ,for Houston residents :accordingly. TheCity
Attorney explained that .the f~e was essentially what our residents
are being charged. The City of Bellaire has a reciprocal
ambulance service agreement with West University and Southside
Place pays an up-front charge annually.
. The ;Cfty, 'Manager presented i nformati on on the Cable TV Franchi se
Agreement~"Warner Cable Company delivered the Plan for
Replacement of CATV System (which is exhibit A to the Agreement)
at noon today. After a brief review, it appears the plan is
incomplete.
The City Attorney explained that by the terms of the.agr~ement,
Warner Cable was required to give the City an Engineer's
Certification of the Replacement Plan. Proof of performance by
the FCC may be nebulous reference. It was not clear whether the
FCC had performance tests. He had expected a schematic drawing
to be delivered as part of Exhibit "A". The design plan and proof I
of performance need to be related back to one another. The City I
Attorney recommended Council have an CATV System expert study --J
City Council Workshop Session, February 27, 1989
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the replacement plan and to tighten up the proof of performance
language in Section 14.
Donna L. Sims, Director of Administration, reported that the last
time Council discussed the franchiseag-reementwith Susan
Hodges, Municipal Administrative Services, Ms. Hodges took
Council IS requests back to Warner and negotiated those points.
All in all, Ms. Sims thought the negotiations had been fruitful
for the City.
Richard Rockenbaugh recommended the agreement in concept and
agreed the negotiated items were improved for the City..
Jim Dougherty stressed that Warner was required to give the City
an engineering report and independent proof of performance
verification.
Councilmember Schwartzel recommended that since Warner's
replacement plan was incomplete that Council table action on the
franchise agreement when that iteni came before them on the regular
meeting agenda. CouncilmemberSchwartzelaskedwhatthe
negotiation fees were going to be from Municipal Administrative
Services and what the fees would be for the expert to check out
the plans.
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Ms. Sims responded that Municipal ,Administrative Services fee
would not exceed $7,500.00, but the cost for an_engineering study
was not known -at, this,t.;me."
CouncilmemberSchwarfzel recommended Council. see a full schematic
with the opinion of the expert before adopting the franchise
agreement. . - . - - ,
Council member ',Schwartzel 'requested that cResol uti,on 89.-02 be
removed from the regular agenda. ~ .Coundl concurred since the
Mayor was absent.
DISCUSS AND CONSIDER ASBESTOS REMOVAL/JMH,PROPERTY
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Richard Rockenbaughadvi sed tha,t:testing of theJMH building
revealed there is some as.bestos that -will have to be '.removed.
Staff obtained one estimate and the cost is in the neighborhood of
$6,000. The Contract for Sa Ie ca 11 s for the i n~ pect i on but it
does not specify what to do after the asbestos is'fOl'\f1d. The City
has a 3D-day extension of the free look period to March 15, 1989,
w~ich extends the closing date until Ap~il 1. There are options
to consider: perhaps to split the cost of the asbestos removal or
request the JMH property owners pay entirely, or the City pay
entirely, or the e'ity-may,turndown the sale. ,Mr. Rockenbaugh
asked for a consensus of Council~ As fan as the budget is
concerned, we have $30,000~,t035,000 forc:lemolition costs and
$6,000 for asbestos removal plus $930.00 for the i.nspection.
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102 City Council Workshop Session, February 27, 1989
Councilmember Schwartzel thought that, according to the appraisal,
the City paid top dollar for the property and the sellers should
be responsible for the asbestos removal.
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Mayor Pro Tern Bryan was in favor of splitting the costs.
Council member Britton agreed that the sell ers shoul d pay for the
costs of asbestos removal.
Mayor Pro Tern Bryan instructed staff to offer to the sellers that
they should pay for the asbestos removal and report back to
Counci 1.
It was suggested by staff that one option might be for the City to
suggest the $6,0000 be deducted from the purchase price.
DISCUSS AND CONSIDER THE FORM OF NOTICE AND PROCEDURES FOR THE HL&P
PUBLIC HEARING
Members of Council and the City Attorney reviewed a proposed
Notice of Public Hearing and, by general consent, approved and
adopted ~he form of the ~otice as presented.
DISCUSS COOPERATIVE BEAUTIFICATION PROJECT WITH HARRIS COUNTY
Counci lmeniber Schwartzel reported that he woul d meet wUh :]
represeritatives from Southside Place, Bellaire, the West
University Parks Board, Trees of Houston and the Weslayan Group on
Thursday. They would discuss plans for beautification of
Bellaire Blvd. from Kirby to the railroad track and consider
plans to dev~lo~ the tract to Braes Bayou. After the meeting,
he would be able to report back to Council.
Director of Operations, Curtis Cooper, distributed the
recommend'ati ons for appoi ntment of Ci ti zens Parks Development
Panel to assist with the master plan for West University Parks.
The recommend~t10ns were submitted by Russ Schulze, Chairman
of the Parks & Recreation Board.
Mayor Pro Tern Bryan recessed the Workshop Session at 7:23 p.m. to
convene in regular meetfng at 7:30.
At 7:52p.m., Mayor Pro Tern Bryan reconvened the Workshop Session
to continue the discussion of remaining agenda items.
DISCUSS AND CONSIDER REQUEST FROM CITY OF HOUSTON FOR AN EASEMENT
ACROSS THE LANDFILL PROPERTY
Curtis Cooper explained that the City of Houston had asked for an
easement through- the 1 and fi 11 for a force ma in 1 i ne. At a ~\
~revious workshop session, Council agreed to talk to Houston. I
Houston suggested that the line come through the landfill on the I
east side and the City of West University Place talked to them ~.
about a buffer tree zone. On Thursday of this week, staff has a
City Council Workshop Session" February 27, 1989
'103
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meeting with the engineers to discuss maintaining the 8 foot strip
and the beautification project. The City will also ask that
Houston put down /a bulkhead. TheCity's plan before Houston asked
for the easement was to install five collection wells. If methane
gas collected in the wells, the ,City would be required by the
EPA to build a bulkhead at the estimated costs of $300,000. It
was Mr. Cooper1s recommendation to negotiate with Houston for the
bulkhead so that the five wells would not be necessary and for the
buffer tree zone . Also there was a poss ibil ity of work; ng out the
difference in the property i nthe :exp'ans i on of theWestpark
Street right-of-way. On the landfill, Houston is asking for a 20
foot easement as wen as a 40 foot construction easement. The
survey is in progress.
Council member Britton raised a point of 'Order that negotiation
procedures should be discussed'in an executive session.
Mayor Pro Tern Bryan asked if"Houston,can force the City to give
them an easement.
Mr. Cooper advised that Houston would not do that. They can go
through the adjoining neighborhood; however, it would be more
expensive. At this point, staff has not heard back from Houston.
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Charles Montgomery and Joe King, representing the Braeburn
Valley West Civic Club, were present and asked to speak concerning
the easenient.Mr. Montgomery reported that about two.years ago
the Ci ty removed a buffer' zone of' 'trees between ,the 1 andfi 11 and
the subdivision. TheCivic;!ClLibhas 'negotiated for the
replacement of the buffer. The club has now been informed that
the Texas Depa rtmentofHe:a,l th ' has' menti oned that 'ail 1 the trees
should be removed to clean the ditch .and improve mosquHo
control. The consensus of opinion of the civic club was that they
preferred the line go through the : landfill rather ;than through the
nei ghborhood:.
Mayor Pro Tern assured Mr. Montgomerytt'fatwhenMr. :Cooper, met with
Houston, these items would be negotiated in the best interests of
'the Cityandth'e civic club. '. . , '!
REPORT FROM THE CHIEF OF POLICE
Chief of Police, Steve Griffith, reviewed the 1989 goals and
objectives for the Police Department. Emphasis will be placed on
the development ofan'i'ncentive prognam i'ncluding a career pattern
program to:'help promote tenure. Other emphasis will ber:given to
improving'communications within the ranks of personnel.
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Mayor Pro Tern Bryan asked if work'had'been done on what triggers
enforcenient;
Chief Griffith advised that the departme,nt was working on that
with the construction site violations. '
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L104 City Council Workshop Session, February 27, .1989
Councilmember Britton, stated there was a traffic problem at the
i ntersecti on of Ki rby and Sunset'. He was concerned about the
traffic light which goes to, a blinker about 9:00p.m. At the same
i ntersecti on, the' 1 i ght: turns green, but the other traffi c keeps -----....J
going through the red light the other direction.
Chief Griffith would check into the traffic signals.
Councilmember Schwartzel questioned the rotation for patrol cars
and thought it.~houldbe lengthened.'
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Chief Griffith responded that the Police Department was now in a
two-year vehicle rotation program. The cars are being used to the
point that we are not having transmission problems with them and
can sti 11 maintain them at, a low :cost. After two years, the cars
wer.e no longer: cost effective to ma'intain.
Mayor Pro Tern Bryan adv.isedChfef Griffith that Council
appreciated the progress he had made in the department in a short
period of time. She thought the general attitude of the
department as a whole was more open and friendl ier. 'She asked how
'emp 1 oyee input was taken.
Chief Griffith responded that most of the decisions made in the
department were made from .ideas at. the ground, up.
Mayor Pro Tern Bryan ,asked: if the Chief thought the department was
working n'ow with a wi 11 ingness to' sti ck thei r necks out and say
how they feel about a particular matter.
Chfef Griffith thought there was a strong willingness to
communi cate on all 1 eve 1 s.
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Mayor Pro Tern Bryan said she had heard very encouraging reports
from the community meetings conducted by the Police Department.
DISCUSS CODE ENFORCEMENT REPORT
The City Manager distributed a code enforcement report covering
areas of responsibility for enforcing the chapters of the code.
The report explained what triggers enforcement and what action is
taken after that.
Mayor'Pro Tern Bryan complimented the report as it gave a message
that a particular department is responsible for enforcement rather
than waiting for a citizen.complaint. The report also relayed the
message that Council asked staff to take an active role in looking
for violations. The Mayor Pro Tern recommended the report be
distributed to department heads and to have the department heads
remind their staff that they have a responsibility to enforce the ~
code. i i
The City Manager concurred that the report should go to all '~,
department heads.
City Council Workshop Session, February: 27-, 1989
105
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RESPONSIVE EMPLOYEE PROGRAM
~ichard Rockenbaugh distributed a report on the Responsive
Employee Program, a program to create better relations between the
citizens and employees.
Mayor Pro Tern Bryan asked who would be in charge for seeing that
the employees are encouraged to participate.
Donna Sims, Director of Administration, suggested that Council
might fund through a donation to the Employees Association (maybe
$1,000.00 per year) for worthy community projects. Council might
consider authorizing staff to raise money with certain projects
like a car wash, art sale, etc. A donation from Council would be
one way to make sure the program is developed. The program would
be only for a citizen-staff contact. '
Councilmember Britton thought the program should be the employees'
ideas. Ms. Sims assured him that the projects suggested had come
from staff.
o
Councilmember Schwartzel stated he did not think Council should
push the employees to do things. He suggested it would be better
to tell the employee association that they ought to feel
comfortable to come before Council and ask for funding if they
have a good idea.
Ms. Sims asked for a consensus, if Council would agree in theory,
for the association to raise funds for projects.
It was agreed the association could have fund raisers for worthy
projects but also the remind staff they have the opportunity to
come to Council for funding. However, it should be determined if
it is legal for Council to spend money in this manner.
COUNCIL COMMENTS
No member of Council had anything further for consideration at
this time.
ADJOURNMENT
There being no further business to come before Council at this
time, Mayor Pro Tern Bryan adjourned the workshop session at 9:23
p.m.
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106 City Council Workshop Session, February 27, 1989
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'. .- ,. -Beth" Ann Bryan
Mayor Pro Tern
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, M
udrey N c ols
City Secretary
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REGULAR CITY COUNCIL MEETING
MONDAY, FEBRUARY 27, 1989
MUNICIPAL BUILDING
1800 UNIVERSITY BLVD~
.:,' · 7: 30 P. M.
City COuncil cOnvened in regular session in the Municipal Building,
3800 University Boulevard, in the City of;West Uni verstty Place, on
Monday, February 27, 1989, with the following members present: Mayor
Pro Tern Brya.n, presiding;Councilmembers Britton and Schwartzel. Mayor
Parks and Councilmember Bell were'absent. Also present were the City
Manager, City Secretary, City Attorney, Director of Administration,
Director of Operations, the Fire Chief and the Chief of Police. Mayor
Pro Tern Bryan delivered the invocation and led the Allegiance to the
Flag. ' '
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HEARING OF RESIDENTS: Mayor Pro Tem'Bryan invited residents to speak
who had matters they wished to bring to the attention of the City
Council whi ch had not preVi ously been submitted to the City
Manager.
Lynwood Howard, 4260 Judson, addressed Council with concerns
in the Chimney Section. 'He requested that Council install stop
signs at thecorne,r of :Bissonnet and Law. He' 'suggested that
several stop signs were needed in the area., He asked that a "park
zorte" be created around Judson Park 'and suggested a "children at
play" sign be installed. There is a traffic problem because the
cars do ,not have to stop when they come off Bissonnet. Mr. Howard
asked Couricil'totryto get a traffic light'on Bissonnet at
Academy. . "
Mayor Pro Tern Bryan advised Mr. Howard that the traffic light on
Bissonnet was in progress. It called for cooperation with the
C'i ty of Houston 'wh ichtQok some add iti~onal ti.me. . ;Schema ti c
drawings'ofthepl ans for thei ntersecti on '.were 'available for Mr.
Howard1sreview. 'Mayor Pro Tern Bryan advisedMr~ Howard"that the
placement of stop signs was regulated by the Uniform Traffic Code,
but she wduld refer hisrequest'itostaff for their study. Staff
would report their findings to Mr. 'Howard when;theybecame
available.
Mr. Howard asked if there was supposed td be a police officer
directing traffic around City construction sites. There is
construction on Community Drive and there is no one to direct
traffic.
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~ity Manager, Richard Rockenbaugh, advised that he would look into
the situati on. '
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Pro TemBryaninvited
residents who',wished' toaddres's a specific agenda.jtem to speak at
this time.
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Regular City Council Meeting, February 27, 1989
There were nonep~esentwh6 wi~hed to speak concerning an agenda
item.
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ITEMS TO BE REMOVED FROM THE CONSENT'AGENDA: No member of City
Council suggested removing ~n item from the consent agenda.
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CONSENT AGENDA:-'Motion was made by Couricilri1ember Schwartzel,
seconded by' Councilmember Britton, that the consent agenda be:.
approved in accordance with ,staff recommendation.
'r. - 'Voting Aye:
Mayor Pro Tern Bryan, Councilmembers Britton,
Schwartzel
None
Mayor Parks, Counci 1 member Bell
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Voting No:
Absent:
ORDINANCE REVISING AND UPDATING THE FEE SCHEDULE: Consideration was
given to the second reading of Ordinance Number 1338 and the
capt i on was read, as follows:1
. ORDINANCE NUMBER 1338
AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND
CHARGES'FOR ACTIVITIES, 'GOODS AND SERVICES PROVIDED BY THE
CITY; AMENDING ORDINANC[ NUMBER 1312 ADOPTED FEBRUARY 8,
1'988; CONTAINING A PROVISION, TO AUTHORIZE- THE CITY MANAGER
TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES;
CONTAINING FINDINGS AND OTHER PROVISIONS. RELATING TO THE,
SUBJECT.
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Copi es'of' Ordi na'nce Number 1338, in the form requi red 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 that City Council
change the charge for ambulance fee for transportation of
, residents of the' City of Houston from $85.00 to $125.00 per trip.
Councilmember'Britton suggested the wording be amended to "those
residents other than Southside Place, Bellaire and West
University Place".
Councilmember Schwartzel accepted Councilmember Britton's
suggestion and amended his motion accordingly.
Councilmember Britton seconded the motion as amended. Such motion
was then voted on and carried by the following vote:
Voting Aye:
Mayor Pro Tern Bryan, Councilmembers Britton,
Schwartzel
None
Mayor Parks, Councilmember Bell
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Voting No:
Absent:
Regular City Council Meeting, February 27, 1989
109
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ORDINANCE RELATING TO FIRE PROTECTION AND PREVENTION: Consideration
was given to the second reading of Ordinance Number 1339. Mayor
Pro Tern Bryan read the caption as follows:
ORDINANCE NUMBER 1339
Mf'ORDINANCCRELATING TO FIRE PROTECTION AND PREVENTION;
AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; 'ADOPTING A STANDARD FIRE
PREVENTION CODE, WITH AMENDMENTS;' AND CONTAINING FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance Number 1339, in the form required for
adoption, were available to all members of City Council and a
, ~eason~bl~ ~umber of additional copies available to interested
cjtizens present.
Moti on was made by Council member Britton, seconded by
Councilmember Schwartzel, that Ordinance Number 1339 be adopted on
second reading as presented.
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Voting Aye:
Voting No:
Absent:
Mayor Pro Tern Bryan, Councilmembers ,Britton,
Schwartzel
None
Mayor Parks, Councilmember Bell
CABLE FRANCHISE AGREEMENT: Consideration was given to the first
reading of -,em ORDINANCE GRANTING TO WARNER CABLE COMMUNICATION,
INC., ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE; AND
FRANCHISE TO ERECT, MAINTAIN, AND OPERATE A COMMUNITY ANTENNA
TELEVISION SYSTEM IN THE CITY OF WEST UNIVERSITY PLACE" TEXAS; TO
ERECT ,.MAINTAIN, AND OPERATE ITS POLES, TOWERS, ANCHORS , ,WIRES,
CABLES, ELECTRONIC CONDUCTORS, CONDUITS, MANHOLES, AND OTHER
STRUCTURES AND APPURTENANCES IN, OVER, UNDER, ALONG, AND ACROSS
THE PRESENT AND FUTURE PUBLIC STREETS, HIGHWAYS~ ALLEYS, BRIDGES,
EASEMENTS, AND OTHER.PUBLIG WAYS AND PLACES IN THE CITY; PROVIDING
FORAN EFFECTIVE DATE AND TERM.;" PRESCRIBING COMPENSATION FOR THE
RIGHTS, PRIVILEGES AND FRANCHISE CONFERRED HEREUNDER; PRESCRIBING
THE CONDITIONS GOVERNING THE OPERATION OF THE BUSINESS INSOFAR AS
IT AFFECTS THE USE OF PUBLIC ,PROPERTY FOR THE>PURPOSE OF SUCH
BUSINESS; PRESCRIBING RULES AND REGULATIONS GENERALLY FOR THE
INSTALLATION, MAINTENANCE, AND OPERATION OF SAID SYSTEM AND
BUSINESS; PROVIDING ASUPERGEDING,CLAUSE; PROVIDING FOR ACCEPTANCE
BY THE COMPANY CONTAINING GENERAL PROVISIONS RELATING TO THE GRANT
OF THIS FRANCHISE; AND PROVIDING FOR SEVERABILITY.
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Motion was made by CouncilmemberSchwartzel, seconded by
CouncilmemberBritton, that this ordinance be tabled until such
time as Warner Cable TV submitted,.acomplete!,Plan for Replacement
of CATV System (with schematic drawings) and until the City
receilieda. report from ,an CATV expert as to the validity of the
plan.
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Regular City Council Meeting, February 27,- 1989
1'10
, Voti ng Aye:
Voting No:
Absent:
Mayor Pro Tem':'Bryan', Councilmembers Britton,
Schwa~tzel " , ,
None
Mayor Parks, Councilmember Bell
RESOLUTION COMMENDING C. BOONE SCHWARTZEL AND BUDDY BELL FOR PROMOTION
OF BEAUTIFICATION OF THE CITY: Consideration was'given to Resolution
Number 89-02.
Motion was made by Councilmember Schwartzel that Resolution Number
89-02 be removed from the ,agenda permanently. Councilmember
Britton seconded the motion which was voted on and carried by the
fo 11 owi ng vote.
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Voting Aye:
Voting No:
A,bsent:
Mayor Pro Tern Bryan, Councilmembers Britton,
Schwartzel
None
Mayor Parks, Councilmember Bell
RESOLUTION APPOINTING THE GENERAL APPEALS BOARD: Consideration was
given to Resolution Number 89-04 appointing members to serve on
the General Appeals Board.
RESOLUTION NUMBER 89-04
WHEREAS, it is the obligation of the City Council,
pursuant to provisions of the City Charter and ordinances
heretofore adopted, to appoint members 'to various boards;
and . ,
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WHEREAS, the Mayor and members of the ,City Council' ..
have contacted qualified citizens to serve on the General
Appeals Board of the City'ofWest'University Place, Texas;
and "
WHEREAS, ce~tain persons have indi~ated a desire and
willingness to s~rve ~s members of the General Appeals
Board. ' , ,
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 General Appeals Board:
Philip C. Lewis, Position 1
John~. Farrell, Position 2
Nicholas J. Aschliman, Position 1 Alternate
Sharon Mathews, Position 2 Alternate
Section 2. That the persons hereby appointed to the
General Appeals Board shall serve for the unexpired term
extending through August 31, 1989 and thereafter until
Regular City Council Meeting, February 27, 1989
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their respective successors are duly selected and shall
have qualified.
Section 3. That the persons hereby appointed to the
Genera 1 Appeals Board shall serve without compensation.
Section 4. All resol utionsand parts of resol utions
in conflict herewi thare hereby re'pea 1 ed to the extent of
the conflict only.
Section 5. If any word; phrase, clause, sentence,
paragraph, 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>-otherpartof this resolution to any
other persons or circumstances shall not be affected
thereby. '
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Section 6. The City! Council off.iciallyfinds, '
determines and declaresthaf a sufficient written notice of
the date, hour, place and subject of each meeting at which
this reso 1 ut i on was d i scu sS'ed,'.consi dered 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 discus'si:on,
consideration and 'action'. The City Council ratifies,
approves and confirms such notices and the contents and
posting thereof. ~
PASSED AND APPROVED this 27th" day of
February , 1989.
Voting Aye:
'Voting No:
Absent:
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Beth"Ann Bryan, Mayor Pro Tern
ATTEST:
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Audrey Nichols'
City Secretary
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Regular City Council Meeting, February 27, 1989
112
Approved as to Form:
James L. Dougherty
City Attorney
Motion was made by Councilmember Schwarfzel, seconded by
Councilmember Britton, ,that Resolution'Number 89...04 be adopted as
presented. '
Voting Aye:
Voting No:
Absent:
Mayor .Pro 'Tern Bryan, Councilmembers Britton,
Schwartzel
None
Mayor Parks~ Councilmember Bell
CHARTER REVIEW COMMITTEE REPORT: Consideration was given to
formally: accepting the Charter Review Committee Report.
. ' '
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Britton, that City Council formally accept the Final
Recommendation for Proposed Amendments to the Home Rule Charter of
the City of West University Place, dated February 21, 1989, and
authorize staff to prepare the proposed amendments for placement
on the ballot to be presented to the qualified voters of the City.
Voting Aye: Mayor Pm"Tem Bryan, Counci lm,embers Britton,
Schwartzel
Voting No: None
Absent: ' Mayor. Parks, ,Counci lmember Bell
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SUNSET BRIDGE REPLACEMENT CONTRACT: Consideration was given to
authorize the expenditure of additional funds in the amount of
$15,825.14 to the State Department of Highways and Public
Transportation as final payment on the Sunset Bridge ,replacement
contract.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Britton, that additional funds in the amount of
$15,825.14 be authorized for payment in connection with the Sunset
Bridge replacement contract.
Voting Aye:
Mayor Pro Tern Bryan, Councilmembers Britton,
Schwartzel
None
Mayor Parks, Councilmember Bell
Voting No:
Absent:
PURCHASE OF GARBAGE TRUCK: Consideration was given to staff's
recommendation for award of the contract to purchase a 1989
Diesel-Powered Side-Loading Refuse Truck; and approving.the
contract substantially in the form approved by the City Manager.
Bids received were as follows:
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Regular City Council Meeting, February 27,1989
113
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Bidder
Net Bid
$91,771. 00
Industrial Disposal Supply Co.
4703 Chapman'
Houston, Texas 77292
Although the specifications and bid forms weremailed,to five
companies, only one bid was received. However, Industrial
Disposal Supply Company met the City's specifications. In previous
purchases, the City has experfenced 'qual i ty performance from ,
Industrial Disposal Supply. It was the recommendation 'of staff to
award the purchase of the 1989 side-loading refuse truck, to
Industrial Disposal Supply in the amount of $91,771.00.
Motion'was made by Councilmember Schwartzel, seconded by
Councilmember Britton, that City Council accept staff's
recommendation and award the contract to Industrial Disposal
Supply Company at the amoun't bid.' '
Voting Aye:
Voting No:
Absent:
Mayor Pro Tern Bryan, Councilmembers Britton,
Schwartzel
None
Mayor Parks, Councilmember Bell
AUTIIORIZATION TO/U)':ERTISE FOR BH>S': Consideration was given to
authorize adverti s i'ng for bi dsfor the following:
(a) Purchase of Microfilm Equipment;
(b) Renovation of the rest rooms at Colonial Park.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Britton;' that City Council authorize advertising for
bids for the items listed.
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Voting Aye:
Voting No:
Absent:
Mayor Pro Tern Bryan, Councilmembers Britton,
Schwartzel
None
Mayor Parks, Councilmember Bell,
HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the
invoice in the amount of $9,130.00 submitted by the Harris County
Appraisal District.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Britton, that the invoice from Harris County
Appraisal District in the amount of $9,130.00 be approved for
payment.
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Voting Aye:
Voting No:
Absent:
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Mayor Pro Tern Bryan, Councilmembers Britton,
Schwartzel
None
Mayor Parks, Councilmember Bell
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114 Regular City Council Meeting, February 27, 1989
COUNCIL COMMENTS: No member of Council had anything further for
discussion at this time.
STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing
further for Council's consideration at this time.
CITY COUNCIL MEETING MINUTES: Minutes of the City Council meetings
were presented for cons i dera t i on, as follows:
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(a) City Council Workshop Session, February 13, 1989;
(b:) I City~CouncilRegular Session, February 13, 1989. .
Motion was made by Councilmember Britton, seconded by
Couhcllmember Schwartzel, that the, minutes be approved as
submi tted. , '
Voting Aye:
. "Voting No:
Absent:
Mayo~ Pro Tern Bryan, Counci~members Britton,
Schwartzel
None
Mayor Parks, Counc i 1 member Bell
ADJOURNMENT: 'With no further business to come befo're Council at
this time, motion was made by Councilmember Schwartzel, seconded
by Councilmember Britton, that the regular meeting adjourn and
City Counci'l reconvene in workshop session. Such motion carried
and the regular session was adjourned at 7:43 p.m.
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,Beth Ann Bryan
., Mayor Pro Tern
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CITY COUNCIL WORKSHOP SESSION
MONDAY, MARCH 13, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30P.M.
City Council convened in workshop session in the Municipal Building,
3800 University Bou'l e-vard , in the City' of West Uni vers i tyPl ate, on
Monday, March 13:;1989,:with the following members present: Mayor
Parks, presiding; CQ,urici'lmembersBella nd B ri tton:_, 'Cou nc i lmember
Schwartielarrivedat 6:45. Also present were the City; Secretary, City
Attorney, Director of Administration, Director of Operat'ions and the
Chief of Police.
HEARING OF RESIDENTS
There were none present who wished to speak.
DISCUSS AND CONSIDER PROPOSED .CHARTERREVISI-ONS; CONSIDER, SEL~CTION OF
LANGUAGE FOR THE BALLOT
Betty Sellers; Chai rmanof' the Charter ,Review Committee,: reviewed
the 'proposed charter amendments. Language for the ballot was
discussed.
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City Attorney, Jim Dougherty, explained that Amendment No.7,
Notice of Claim, was not as recommended ',bY the.,TexasMunicipal
League. The League proposes a two-ti ernot!ice:: sixty days unless
there is good cause for delay in which; case itwill,be,six
months. Mr : Dougherty 'recommended ,the' ,100 days a,s a clearer time
limitation and agreed 'with the Charter Review Committee's wording
.of that amendment. '
City Council generally accepted the language for the b.a 11 ot as
pres'e'nted.This'item wOUild;'oome befo.r,e Council foravete at the
regular session scheduled ,for Z:30,p.m.
DISCUSS AD HOC RIGHT~OF.:,:WAY,COMMITTEEul
Ji;n)'Doughe!,!yjexpl a i ned that the Ci tyhad contact with ,the Eastern
StarGroup'~;;' 'They had'a boardmeeti ng :.andare wi Hi ng ,to work
toward a swap of the old road right-of-way thatgoes'{ji:;h'rough their
property.' The City gave Eastern :Staralease'somE;!~yearsago for
'thatY'ight-of-way. It is- proposed that',the City would get clear
.titleto the tip of ,the Eastern'Star property,wherethe.:City has
planted trees and plants and Eastern Star would get clear title to
the road way. It would be more flexible if therewe))~)appointed
an ad hbc:committeeto'meetwiththeEastern Star Group and also
with Houston relative to the'easement through the landfill. Jim
. Dougherty recommended>rthe commi ttee,,:cons i stof the Ci ty,Manager,
Director~of Operations, Councilmember Schwartzel,and,the City
Attorney. The committee would come back t9:Council with a report.
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116 City Council Workshop Session, March 13, 1989
STAFF REPORT
[
The City Secretary reported that the JMH property owners/had
agreed to remove the asbesto~ tin the building. Closing on the
property would occur ten days after the City receives the
Certificate of Removal. ., -" '-
The agenda was reviewed and generally accepted by Council.
Councilmember Britton advised that he~would make a statement for
the' record concerni ng the drdi nance denyi ng':the rate increase
requested by Houston Lighting &'Power, however, he would vote in
. favor of the ordinance; . ,
DISCUSS PROPOSED PERSONNEL POLICY
Donna Sims, Director of Administration, advised Council that the
Personnel Manual has been reviewed by staff. The original
document was written in 1979. Laws and policies have changed and
this' document is, up to date. Ms. Sims discussed the changes.
Councilmember Britton suggested the nepotism policy be amended to
reflect.that'an employee, grandfathered by the terms of the
policy, may be transferred to another department at the first
opportunity. Councilmember Britton also suggested the vacation
language be clarif1ed.
Counci1member Schwartzel suggested that consi~eration be given to
time off without pay for the employee in the event of the death of
a n.ori-co 11 a tera 1 fami Tymember. - Counc i 1 member Britton sugges ted
as 'a compromise 'that the City grant fewer days for in-laws but
keep current policy or provide for fewer days for the brother and
sister in-laws subject to the approval of the department head.
In discussion Chapter 6, Injury~ Councilmembe~'Britton thought
that the maximum time for supplemental pay should have limit
whether or not it is ,done at thi~ time.
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Director of Operatons, Curtis Cooper,- came in at 7:17 p.m.
Councilmember Bell discussed Chapter '7, Disci-oline. aooea,l and
Grievance Procedures:; It was his recommendation that the City
Manager notify City Council in writing of any disciplinary
appeals. Staff would check Ordinance 1317 which adopted the
standards and procedures for'discipline and grievances. : Staff
"members thought that pro~ision was 1ncluded in the Ordinance.
Councilmember Britton expressed his concern that the employees
'manual included administrative poliaies and procedures. In his
business experience, there were policy;and procedures which were
notgiven'to'the employees.' He suggested staff might.be consider
separating out the policy and procedures that deal with <
admlnistration.
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City Council Workshop Session, March 13, 1989
117
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Ms. Sims agreed to incorporat~the language and make amendments to
reflect Council IS suggestions.
Mayor Parks recessed the Workshop Session at 7:30 to convene the
Regular City Council S.essioh::scheduled for that time.
Mayor Parks reconvened the Workshop Session at 8:07 p.m.
CLOSED EXECUTIVE SESSION
Mayor Parks recessed the Workshop,Sessfonat' 8:12 'p~m. to. convene
inclosed executive sessi on as authori ted by. the.Open Me,eti ngs,
Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17,
Section 2(g) ,Discussion of Personnel,;,
At the conclusion of the' closed executive session, Mayor Parks
reconved the Workshop Session 'at 9:20 p".m.
COUNCIL COMMENTS
No member of City Council had information on which they wished to
comment at this time.
ADJOURNMENT
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There being no further business to come before Council at this
time, Mayor Parks adjourned the workshop session at 9:23 p.m.
Mi chae,l L. Parks'
Mayor
~d.~ QeLhY
,Udrey'Ni 01 s' '., ',' I
City Secretary
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REGULAR CITrCOUNCIL MEETING,
MONDAY, MARCH-13,1989
MUNICIPAL BUILDING
380fr UNIVERSITY BLVD.
" ": ' 7 : 30 P. M .
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City Council convened in regular session in the Municipal Building,
3800'University Boulevard, in the City of West UriiversitYPlace, on
Monday, March 13, 1989 ,with the following members present: Mayor
Parks,' pres.i ding;; Counc1'lmembers Bryan ; Bell, Britton and Schwartzel.
A'lso present were the City Secretary', City' Attorney, Director of
Adminis-tratio'n,:OrirectOr of Operatf6ns; and the' Chief of Police. Mayor
Parks delivered the invoc~tion and l~d'the Allegiance to the Flag.
GENERAL APPEALS BOARD: Mayor'Parks admiriistered~the Oath of Office
to the members of the 'Ge'ner,a l' App'ea'l s ' Board appo'i nted'by ,
Resolution No. 89-04, on February 27, 1989. The members present
were Philip C. Lewis, John M. Farrell, Nicholas J. Aschliman
and Sharon Mathews.
Councilmember Schwartzel advised Council that 'the law firm of
which he is a partner represented Brown & Root and rather than
risk any appearance of a conflict of interest, he would excuse
himself from the meeting. Councilmember Schwartzel left the
Council Ch'ambers at 7:34p.m. '
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PUBLIC HEARING: Mayor Parks convened the Public Hearing called to
provide an opportunity for parties in interest and citizens to be
heard in relation to that certain Statement of Intent and Petition
of Authority to Change Rates relating to electric utility service
,jn the ,City of West University Place as filed by Houston Lighting
& Power Company 'on or about November 23, 1988.
Winston Bernich, District Manager, and Tom Tomlinson, Senior
Power Consultant, for Houston Lighting & Power Company were
present.
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Mayor Parks explained to the audience that the ordinance before
City Council for consideration was one denying HL&P's' Petition
for Authority to Change Rates. By Ordinance Number 1331, adopted
November 12, 1988, City Council suspended the effective date of
such proposed rate increase until March 28, 1989. From evidence
gathered since the passage of Ordinance Number 1331, it is the
consensus of City Council to deny the request to change the
rates. The ordinance as it is proposed opposes the rate increase
and the City of West University Place stand with other cities who
are opposed to the increase.
Mayor Parks invited comments and questions from the audience.
There were none who wished to speak.
Hearing no comments from the audience, Mayor Parks closed the
Public Hearing.
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Regular City Council Meeting, March 13, 1989
119
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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.
Bill Baker, 6505 Mercer, expressed his concern over what he
cons i dered excess i ve water bi 11 s .
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Mayor Parks referred to staff for a report. Donna Sims, Director
of Administration, responded that the City has an adjustment
policy and it appeared that Mr. Baker might be entitled to an
adjustment. She would work with Mr~Baker in that respect.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wish~d to address a specific agenda item to speak at this time.
Laura C.Higley, 3004 Rice Blvd., expressed her appreciation to
the City Council for the ordinance denying HL&P's Petition for
Authority to Change Rates. Many of the citizens in the audience
tonight are concerned with the request to increase the electric
rates. She was especially please that the ordinance before
Council authorizes the City Attorney to Vigorously represent the
City and its citizens in all matters relating to the South Texas
Nuclear Plantand to continue developing the expert testimony and
analyses necessa'ry to doc'uli1entand estab li sh for the record any
, and all imprudence by Houston Li ghti ng & Power Company .
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Oouncilsuggested removi'ng:a'n item" rromAhe 'consent agenda .
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CONSENT AGENDA: Motian was made'byCouncilmember.!Buddy,Bell,"
seconded by Councilmember Bryan, that the consent agenda' be
approved in accordance with staff recommendation.
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Voting Aye:
Voting No:
Absent: -
Mayor Pa rks , Counc i 1 members Bryan, Bell,
Britton
None
Councilmember Schwartzel
ORDINANCE CALLING ELECTION FOR MAY 6, 1989: Consideration was given
to the first and final reading of Ordinance Number 1340. Mayor
Parks read the caption as follows:
ORDINANCE NUMBER 1340
~
AN ORDINANCE CALLING AN" ELECTION WITHIN THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, FOR THE SIXTH (6TH) DAY OF MAY,
1989, FOR THE PURPOSE OF E[ECTING A MAYOR AND FOUR COUNCIL
MEMBERS ; ORDERING A CONCURRENT ELECTION FOR THE SAME DATE
FOR THE PURPOSE OF SUBMITTING PROPOSED CHARTER AMENDMENTS
TO THE QUALIFIED VOTERS OF THE" CITX OF WEST UNIVERSITY
PLACE; DESIGNATING PRECINCTS AND POLLING PLACES; APPOINTING
ELECTION OFFICIALS; CONTAINING FINDINGS AND OTHER
PROVISIONS RELATED TO SAID ELECTION;' AND DECLARING AN
EMERGENCY.
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12U Regular City Council Meeting, March 13,1989
Copies of Ordinance Number 1340, 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.
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Motion was made by Counctlmember Britton, seconded by
Councilmember Bell, that Ordinance Number 1340 be adopted as
'presented.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton
None
Councilmember Schwartzel
ORDINANCE RELATING TO RATES TO BE CHARGED BY HOUSTON LIGHTING & POWER
COMPANY: Consideration was given 'to the first and final reading of
Ordinance Number 1341. Mayor Parks read the caption as follows:
ORDINANCE NUMBER 1341
AN ORDINANCE RELATING TO RATES TO BE CHARGED BY HOUSTON
LIGHTING & POWER COMPANY FOR ELECTRIC UTILITY SERVICE
WITHIN THE CORPORAT[ LIMITS OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS; CONTAI~ING FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; PROVIDING FOR A REPEALER AND FOR SEVERABILITY;
AND DECLARING AN EMERGENCY.
Copies of Ordinance Number 1341, 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 Bell, seconded by Councilmember
Bryan, that Ordi nance ;Number 1341 be adopted as presented.
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Councilmember Britton expressed his view with respect to the
findings of imprudence in Section 9 of the ordinance as follows:
It was not reasonable to change the status quo at this time
because:
(1) the key studies were not complete and
(2) it would be inequitable to include the challenged costs
if the effect would be to raise the rates in the City
sooner than in the rest of the System.
Mayor Parks called for a vote on the motion.
Voting Aye:
Voting No:
Absent:
Mayor Parks,Councilmembers Bryan, Bell,
Britton
None'
Counci 1 member Schwartze.l
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Regul ar City Council Meeti ng, March 13, 1989
121
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CONFIRMING THE GRANTING OF EXEMPTIONS FROM AD VALOREM TAXATION:
Mayor-Parks presented and read Resolution Number 89-05:
RESOLUTION NUMBER 89-05
RESOLUTION GRANTING AND CONFIRMING THE
GRANTING OF EXEMPTIONS FROM AD VALOREM
TAXATION
WHEREAS, THE City Council of the City of West
University Place (the IICityll) has previously granted
exemptions from ad valorem taxation as authorized by law;
and
WHEREAS, the City Council desires to confirm and
re-grant such exemptions;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
o
Section 1. The matters and facts set out in the
preamble of this order are hereby found to be true and
correct.
Section 2. The City Council does hereby confirm that
it has previously granted, and does hereby re-grant and
confirm, the following exemptions:
(1) $42,850 of the appraised value of th~ residence
homestead of each individual who is 65 or older.
(2) The statutory exemption for each disabled veteran.
Section 3~. This resolution shall be effective for
taxes levied for the current year and for each subsequent
year until changed.
Section 4. All f~solutfons and parts of resolutions
in conflict herewith are hereby repealed to the extent of
the conflict only.
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Section 5. If any word, phrase, clauSe, sentence,
paragraph, 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 ofth~is .resolution
and the application of such word, phrase, clause, sentence,
paragraph, section or other part of this resolu~ion to any
other persons or circumstances shall not be affected
thereby.
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~ 122 Regular City Council Meeting, March 13, 1989
Section 6. 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. '
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PASSED AND APPROVED this l31b day of ~ ,
1989.
Voting Aye:
Voting No:
Absent:
Signed:
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Michael L. Parks
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ATTEST:
Approved as to Form:
Audrey Nichols
City Secretary
(SEAL)
James L. Dougherty, Jr.
City Attorney
Motion was made by Councilmember Bryan, seconded y Councilmember
Britton that Resolution Number 89-05 be adopted as presented and
read.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton
None
Councilmember Schwartzel
APPOINTMENT OF RIGHT-OF-WAY COMMITTEE: Consideration was given to
appointing members to serve on an ad hoc right-of-way committee
and the names recommended for appointment were:
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Regular City Council Meeting, March 13, 1989
123
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Richard R. RockenbaugH~City Manager
C. Boone Schwartzel, Countilmember
Curtis R. Cooper, Director of Operations
JamesL Dougherty, Jr., Ci tyAttorney.
The purpose of thecommlttee will be to represent the City in
negOtiations on right-"of..way'issues that are'currently being
studied at the Eastern Star property and the 'Landfill. The
committee would report to City Council as necessary.
Motion was made by CouncilmemberBell, seconded by Councilmember
Britton, that the Ad Hoc Right-of-Way Committee be appointed as
recommended. '
Voting Aye: Mayor Parks/ Councilmembers Bryan, Bell,
Bri tton
Voting No: None
Absent: . Councilmember Schwartzel
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DELETING CITY VEHICLE FROM THE CITY'SFLEET:':Consideration was
given to authorize staff to send city vehicle unit #727 to Houston
Auto Auction for public auction. This vehicle is a 1980 Ford
Courrier and was used by the meter reader in the Water
Division. In October of 1988, the engine in this unit threw a rod
due to fatigue. The unit was due for replacement this year.
Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, tha~ City Council authorize auctioning Unit #727.
Voting Aye:
Voting No:
Absent:,
Mayor Parks, Councilmembers Bryan, Bell,
Britton
None \
Cou nc i 1 member Schwa,rtzel
BROWNING STREET IMPROVEMENTS: Consideration was given to staff's
recommendati on for award of the contract for improvements to
Browning Street; approving and authorizing the 'contract,
substantially in the form approved by the City Manager.
Bids received were opened in February 23, 1989, at 10:30 a.m.,
with the following results:
Bidder
Amount Bid
S.C.R. ConStruction Co.; Inc.
17011 Tranquil Drive
Sugar Land, Texas 77478
Tidal CoriSttuction Co.
P.O. Box 1279
Houstofi, ~exas 77251
After review, Staff's recommendation was to award the contract to
the low bidder, S.C.R. Construction, Inc., with the stipulation
$ 14,200.00
$ 24,450.00
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124 Regular City- Council Meeting, March 13, 1989
that their insurance be renewed'and approved by the City before
contracts are signed.
Motion was made by Counci~member Bell, seconded by Councilmember
Bryan, that City Council accept staff's recommendation and award
the contract to the S.C.R. Construction, Inc., at the bid price of
$14,200.00; to approve and authorize the contract substantially in
the form approved by the City Manager. '
Voting Aye: Mayor Parks, Councilmembers Bryan, Bell,
Britton.
Voting No: . None
Absent: Councilmember Schwartzel
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PURCHASE OF.JANITORIAl SUPPLIES: . Consideration was given to staff's
recommendation for award of the contract for purchase of
janitorial supplies; approving and authorizing the contract
substantially in the form approved by the City Manager.
Bids received Februa:ry 27, 1989, were opened at 10:,30 a.m.' that
same day with the following results:
Bidder
Unit Cost
Case Cost
Brawner Paper Company, .Inc.
5702 Armour Drive
Houston, Texas 77220-5272
Apollo Paper Co.
P.O. Box 7457
Houston, Texas 77248-7457
'$ 91.99
$ 778.63
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$ 93.02
$ 1,099.32
Gulf Coast Paper Co., Inc.
437 Commerce Ave.
Clute,:Texas 77531
$ 93.54
$ 985.26
Service Chemical & Supply, Inc.
435 B-1 FM 1092 #403
Stafford, Texas 77477-5415
$-139.83
$ 497.16
Other bids submitted were incomplete.
It wasstaff's recommendation that the contract be awarded to
Brawner Paper Company with the ove~all best prices and best
plans for delivery. The estimated expenditures are approximately
$6,500.00.
Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that City CounGil accept staff"s recommendation and award
the contract for purchase of janitorial supplies to Brawner
Paper Company, Inc.; to approve and authorize .the.contract
,substantially in the form approved by the City Manager.
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Regular City Council Meeting, March 13, 1989
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton
None
Councilmember Schwartzel
PURCHASE OF UNIFORMS: Consideration was given to staff's
recommendation to award the contract for purchase of uniforms for
city employees; approving and authorizing the contract
substantially in the form approved by the City Manager.
Bids received on March 7, 1989, were opened at 10:30 a.m. that
same day with the following results:
Bidder
Net Bid
Regular
Pants Set
Net Bid
Western
Pants Set
Al's Uniform Supply
3604 Wi llowbend
Houston, Texas 77054,
Best Uniform Supply Co.
6410 Cavalcade
Houston, Texas 77026
$ 170.65
$ 159.29
$ 186.00
$ 171. 76
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Factory Sales
5104 Harri sburg
Houston, Texas 77011
$ 200.00
$ 186.70
After review of the bids, staff's recommendation was to award the
contract to the low bidder, All s ' Un:iform Supply at the bi d price
of $170.65 per set.
Motion was made by Councilmember BeTh seconded by Councilmember
Bryan, that City Council acceptstaff's' recommendation and award
the contract to the .low bidder, Al's Uniform Supply at the bid
price of $170.65 per set.
, .
Voting Aye:
Voting No:
Absent:
Mayor Parks', Counci lmembers Bryan, Bell,
Britton
None
Councilmember Schwartzel
WATER PLANT OFFICE, 3825 MIL TON: Cons'iderati on was gi ven to the .
final application for payment in'the amount 'of $3,430.00 submitted
by Builders Construction for completion of the Water Plant Office
Addition. .
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Motion was made by CouncilmemberBell, seconded by Councilmember
Bryan, that final payment in the amount of $3,430.00 be authorized
to Builders Construction.
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Regular City Council Meeting, March 13, 1989
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
-Britton
None
Councilmember Schwartzel
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SANITARY SEWER RENOVATIONS, PRIORITY AREA 2, COLLEGE COURT
SUBDIVISION: Consideration was given the the following items
submitted by Bearden Contracting Company:
(a) Monthly Estimate No.6 in the amount of $72,743.40 for
work completed through February 24, 1989 on sanitary
sewer renovations in the College Court Subdivision;
(b) Request for Extension of Time No. 2 in the amount of 9
calendar days.
Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that Monthly Estimate No.6 in the amount of $72,743.40 be
approved for payment and the Request for Extension of Time No. 2
in the amount of 9 calendar days be approved as submitted by
Bearden Contracting Company.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton
None
Councilmember Schwartzel
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SANITARY SEWER RENOVATIONS, PRIORITY 1, PHASE 3, WEST UNIVERSITY FIRST i~
SUBDIVISION: Consideration was given to Monthly Estimate No. 1 in the
amount of $99,826.09 submitted by Whitelak, Inc., for work
completed through February 24, 1989, on the. sanitary sewer
renovations project in west university First Subdivision.
'Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that Monthly Estimate No. 1 in the amount of $99,826.09 be
approved for payment to Whitelak, Inc.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton
None
Councilmember Schwartzel
1976 BOND PAYMENT: Consideration was given to the invoice in the
amount of $112,625.00 submitted by First City National Bank of
Houston for principal and, interest due on the 1976 Bond Issue.
Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that the invoice in the amount of $112,625.00 be approved
for payment to First City National Bank of,Houston.
Voting Aye:
Voting No:
Absent:
Mayor Parks"Councilmembers Bryan, Bell,
Britton
None
Councilmember Schwartzel
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127
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HYDRAULIC NETWORK MODEL: Consideration was given to the invoice in
the amount of $6,000 submitted by Pftometer Associates, Inc.,
for services in conjunction with the Hydraulic Network Model for
the Water Dlstributioh System. '
Motion'was made by Councilmember BeH,-seconded by.Councilmember
Bryan, that the invoice in the amount of $6,000 submitted by
'Pitometer Associates, Inc., be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton: .
None
Councilmember Schwartzel
ENGINEERING SERVICES EOR UTILITY RELATED PROJECTS: Consideration
was given'to the invoices totalihg:$11;545.51 ~submifted by
Langford Engineering Inc, for ~ngineering services in ~onnection
with utility related projects: .
(a) Invoice No. 5760 in the amount of $189.05 for study to
fully automate the Wakeforest Water Plant;
(b) Invoice No. 5761 in the amount of $4,136.26 for Phase 3,
Priority Area 1, Sanitary Sewer Renovations;
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{c) Involce No. 5762 in the amount of $7,220.20 for Priority
Area 2, Sanitary Sewer Renovations.
Motion was made by Councilmember Bell, 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 Bryan,,"Bell,
Britton
None
Councilmember Schwartzel
LEGAL SERVICES: Consideration was given to the invoice in the amount
of $3,140.58 for regular legal services rendered on the City's
behalf for the month of February 1989.
Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that the invoice in the amount of $3,140.58 for legal
services be approved for payment.
COUNCIL COMMENTS: Mayor Parks acknowledged receipt of a letter
from the Braeburn Valley West Civic Club complimenting Curtis
Cooper for his thoughtfulness to include the civic club
representatives in the discussion of the proposed easement at the
Landfill. Mayor Parks expressed his appreciation for Mr. Cooper's
efforts.
STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing
further for Council IS consideration at this time.
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", ~. 128 Regular City Council Meeting, March 13, 1989
CITY COUNCIb,MEETINGMINUTES: Mi.nutes of City Council meetings were
presented, as follows:
(a) City Council Workshop Sessi,on, February 27, 1989;
('b):, Ciity Council Regu'lar Session-, February 27, 1989.
_...J
Motion was made by Council member Bryan, seconded by Councilmember
Bell, that the minutes be approved as submitted.
Voting Aye:
Voting No:
Absent:
Mayor Parks., Cduncilmembers Bryan, Bell,
Britton
None , .
Councilmember Schwartzel
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ADJOURNMENT: 'Withno:furtherbus:i ness to come before Council at
this time, motion was made by Councilmember Bryan. seconded by
Councilmember Bell, that the regular meeting adjourn and City
Council reconvene in workshop session. Such motion carried and
, the meeting adjourned at 7:55 'p.m.
, Michael L. Parks
'Mayor
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Audrey Nic ls ,
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, MARCH 27. 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the Cftyof West University Place, on
Monday, March 27" 1989, with the following members present: Mayor
Parks, presiding; Councilmembers Bryan, Bell , Britton and Schwartzel.
Also present were the City Manager, City Secretary, City Attorney and
the Chief of Police.
HEARING OF RESIDENTS
There were none present who wished to speak.
STAFF REPORT
Draft copies of the agenda for the regular session were
distributed and discussed. City Council accepted the items to be
acted upon as listed.
o
DISCUSS AND CONSIDER ENCROACHMENT AND EASEMENT PROBLEM AFFECTING 6711
BELMONT AND NEARBY AREAS
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Mr. Sudela, attorney for the homeowner at 6711 Belmont,
di scussed the probl em with a two-footeaseme:nt, whi ch has a
sanitary sewer line in it andruns'aTong the southern boundary of
the lot. The drivewaynfor this newly constructed home extends
into the two-foot easement~i Mr.Sudela proposed that the City
grant an acquiescence to encroachment for the driveway with the
stipulation thatff the City goes through the driveway for
maintenance of the sanitary sewer line, that the City would be
ltable for the replacement.,'Thehous'e plans called-tior"an 8 foot
driveway, / but the City requires 10 ,feet on the approach.' It was
the builders understanding that the !,requi rement'was' fo~a 10 foot
driveway ,the entire length 'of the driveway. It was not until a
certificate of occupancy was filed for that it was brought to
their attention that there was an'encroachment to an easement.
Mr. Sudela did not think the deed records of Harris County
showed the easement deeded to the City. Mr. Sudela thought
there might be a question as to whether there was an easement, but
suggested his client could go ahead and deed this easement to the
City and in turn the City would agree to:allowa permanent
structure in the easement. The City would like to have an
additional three feet to the two-foot easement which would place
the garageinithe five foot area. Mr~ Sud~lasuggested there is
a garden on the town home property behind the 6711 Belmont
property and the City might use the: garden area for the easement
area rather than going through the homeowner1s property.
City Manager, Ri ch.ard Rockenbaugh, advi sed that staff' had
researched all the lots in the' area and the two' foot easement
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13U City Council Workshop Session, March 27, 1989,'
should be accurate. As far as the question about how this
happened he was not sure. The plans were clearly marked in two
places advising the builder to avoid encroaching into the
easement. The ten foot driveway approach is the City's minimum
standard.
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Mayor Parks suggested to Mr. Sudela that most of the builders go
by what they think the Building Inspector said. What really is
necessary is for each one to read the codes themselves and not
depend on what they think someone said. Mayor Par~s asked if Mr.
Sudela were asking for more than the standard encroachment
agreement.
Mr. Sudela responded that they were asking for Council to agree
to the encroachment with the City liable for negligence and
replacement.
Mayor Parks suggested that the City would probably not give any
more than the standard encroachment agreement which specifically
states that if the City needs to maintain the sewer main, that the
Ci~y shall not be obligated in any manner to restore the
structure.
Councilmember Schwartzel questioned how badly the City needed the
additional three feet in the easement.
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Dieter Ufer, City's Consulting Engineer, explained that the
master sewer plan called for a five foot easement on the rear
property easement. The need for a five-foot easement is
mandatory. It is not poss i b 1 e to bu il d on a two-foot easement.
It is possible to bore for maintenance, but for maintenance the
City needs ten feet, 5 feet on each property. The City needs a
five foot easement to give service to the houses on Bellaire.
The City Attorney suggested that there was a bigger issue and it
was what to do with what may occur on several lots in the City.
The problem does not affect just this block, there are seven other
blocks in the area where the Ci ty wi 11 have to--get wi der
easements. However, there were no buildings in those easements.
What does the City do about existing buildings in the way? What
do you do if you have to get in under the building? That was the
policy question.
After more discussion, it was agreed that the City Attorney
develop a standard encroachment document with modified language to
use throughout the City where ever these situations may exist.
CouncilmemberBritton recommended that the City make no trade-off
so that some time in the future an encroachment will not be done
on the basis of a trade-off.
Councilmember Schwartzel suggested Council grant the homeowner a
conditional certificate of occupancy which would give Council some
time to look at alternatives.
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City Council Workshop -'Session, March 27, 1989
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Councilmember Bryan asked is staff knew whether something like
this would happ~n again. Staff's response was 'they were 'not sure
how many other occurrences there might be.
Mayor Parks suggested that the Mr. Ufer report back 'with an
estimate of how many of these same situations the City might be
facing. . -
Councilmember Schwarttel recommended Council not acquiesce to the
two~foot easement encroachment at this time.
By general consent, City Council granted a conditional occupancy
certificate to the homeowner and to discuss the issue at the next
workshop session with r~ports from the City's Consulting Engineer
and the City Attorney. ' ' .
RECESS WORKSHOP
Mayor Parks recessed the workshop session at 7:30 p.m. to convene
in regular sessiOn.
RECONVENE WORKSHOP
o
At 7:56 p.m., Mayor Parks reconvened the workshop session with the
following present: Mayor Parks presi'ding, Councilmembers Bryan, Bell,
Britton and Schwartzel.' Staff members- present were the City Manager,
City Secretary, Director of Administration and the Chief of Police.
DISCUSS PROPOSED PERSONNEL POLICY
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Director of Administration, Donna Sims reviewed the modifications
made t6,the Personnel Policy from Council comments made at the
last workshop session and asked for other comments from Council.
, Councilmember Britton stated that there were sections in the
manual that involved supervisors and'department heads with which
he was uncomfortable. He recommended these sections should be
separate and apart from those policies appliEable to the
relationship of the employees with the-City.
Ms. Sims offered that it has been city policy to express to the
employees what to expect from the City.
Councilmember Britton thought there were sections that do not
pertain to the employees.
Councilmember Schwartzel offered several modifications and
~iscussed different sections. Of particular interest was the
section which specifies guidelines for political activities of
employees and the question as to whether the City may impose
restrictions on employees participating in political activities in
connection with city elections.
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132 City Council Workshop Session, March 27, 1989
Mr. Rockenbaugh agreed to have the City Attorney do further
clarification of the question.
After further discussion, Ms. Sims suggested that the personnel
policy manual be placed on City Council IS next regular agenda.
DISCUSSION OF ASSESSMENT OF THE CITY 1988
The City Manager reviewed and -discussed an overview of the
accompl i shments and extended projects from 1988. Councilmember
Bryan asked several questions pertaining to the Assessment.
CLOSED EXECUTIVE SESSION
City Council did not convene in closed executive session.
COUNCIL COMMENTS
Councilmember Schwartzelinquired into the status of the Blue
Ribbon Panel for the expansion and improvements to the city's
parks. A general discussion followed.
ADJOURNMENT
With no further business to come before Council, Mayor Parks
declared the workshop session adjourned at 9:32 p.m.
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Michael L. Parks
Mayor
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REGULAR CITY COUNCIL MEETING
MONDAY, MARCH 27, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
[J
City Council: convened:in regular:Lsession in the Municipal BUilding,
3800 University' Boulevard, in the City of West University Place, on
Monday, March 27, 1989, with the following members present: Mayor
Parks, presiding; CouncHlnembers Bryan, Bell, Britton and, Schwartzel.
Also present were the City Manager, City Secretary, City Attorney,
Director of Administration anditheChief of Police. Councilmember
Schwartzel delivered the invocation and led the Allegiance to the Flag.
HEARING OFRESTDENTS: 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.
Ms. Doris LaCook, 3804 Swarthmore, addressed Council with a
question on new house construction. She asked if a swimming pool
should be attached to the stornf sewer 1 ine,. Ms. LaCook thought
her next door neighbor sloped: his driveway so that it drains onto
her property. Also, at 3810 Swarthmore, a builder bought that
house and is -using it for s'torage of construction material.
Mayor Parks advised that perhaps the swimming pool was not causing
the flooding of her lot, however, staff would look into the
matter. Staff would investigate the house at 3810 Swarthmore
for p'ossihle code viOlation. Mayor Parks thanked Ms. LaCook for
bringing these items to Council'sattenti.on~
On behalf of the Frfends' of'West University .'Parks,Dave and
Mall ory Agerton,: 3020 Pi ttsb'urg', presented .ai check in :the
amount of $45,000. The money is a bequest from the late David
Peter Ignash and will be used for certain park improvements.
Pi ctureswere made of <thepresentati on. . .
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CITIZENS RESPONSE TO AGENDA ITEMS :. .. MayorP.arksinvttedres i dents who
wished to address a specific agenda item to speak at this time.
There were none present who wished to~~peak concerning an agenda
item. : r
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 Bell, that the consent agenda be approved in
accordance with staff recommendation.
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134 Regular City Council Meeting, March 27, 1989
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton,Schwartzel
None
None .,
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RESOLUTION NUMBER 89-06 TO WEST UNIVERSITY CHURCH OF CHRIST:
Consideration was given to Resolution 89-06 in recognition of the
50th anniversary of the West ;Un,iversity :Church of Christ. ,Mayor
Parks presented and read the Resolution', as follows:
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C I T Y 0 F W EST U N I V E R SIT Y P LAC E
RESOLUTION NUMBER 89-06
WHEREAS, on January 1, 1939, West University Church of
Christ met for the first time 'to worship together;_and
WHEREAS, the congregation originally met at the West
University Elementary School and later moved to the
Community Building; and
WHEREAS, in January, 1950, the church held its opening
se~vice at its new building with 75 members; and
WHEREAS, in March, 1964,the new auditorium was
completed and used for the first time.
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NOW, THEREFORE,'
BE IT RESOLVED BY THfCITY COUNCIL Of THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That the City Council congratulate and
appl aud West University Chu,rch of Christ upon its 50th
Anniversary. "
Section 2. That the.members of Council extend their
appreciation to the congregation for their continued
faithful ness to s:erveour Maker and the cpmmunity'i n which
they live.:
Section 3. That thtscresolution,be spread in full
across the minutes of the meeting to mark this significant
milestone in the history of the West University Church of
Christ.
Beth Ann Bryan,
Councilmember
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Michael L. Parks, Mayor
Regular City Council Meeting, March 27, 1989
135
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Buddy Bell,
Councilmember
H. 1. Britton,
Councilmember
C. Boone Schwartzel~
" Council member
(SEAL)
A\TTEST:
Audrey Nichols
City Secretary
'Approved as to Form:
James L. Dougherty, Jr.
CttyAttorney
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Motion was made by Councilmember Britton, seconded by
Councilmember Bryan, that Resolution Number 89-06 be adopted as
presented and read.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Counci lmembers Bryan, Bell,
Britton, Schwartzel
None
None
1988'BOND PAYMENT: Consideration was giventQ the fnvoicein the
amount of $264,743~ 75 submitted by First 'City National Bank of
Houston for interest dUEHonthe 1988 Bond Issue.
Motion was made by Councilmember Bryan, seconded by Countilmember
Bell, that the invoice in the amount of $264,743.75 be approved
for payment to First City National Bank of Houston.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Council members Bryan, Bell,
Britton, Scnwartzel
None
None
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COUNCIL COMMENTS: No member of Council had anything further for
discussion at this time.
STAFF REPORT: City Manager, Richard Rockenbaugh, distributed copies
of the "City Currents" for Council's review and approval.
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136 Regular City Council Meeting, March 27, 1989
CITY COUNCIL MEETING MINUTES: Minutes of the City Council meetings
were presented, as follows:
(a) City Council Workshop Session, March 13, 1989;
(b) City Council Regular Session, March 13, 1989.
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Councilmember Bryan moved that the workshop session minutes be
amended so that they reflect that she was in attendance when the
workshop reconvened. Councilmember Bell seconded the motion.
Councilmember Schwartzel advised that he would abstain from voting
on the amendment because he left the meeting on March 17, 1989, to
avoid the appearance of a conflict of interest relative to the
Houston Lighting & Power Company.s request for a change of
electrical rates.
Mayor Parks called for a vote on the Workshop minutes as amended.
Voting Aye:
Voting No:
Abstaining:
Mayor Parks, Councilmember Bryan, Bell,
Britton
None
Councilmember Schwartzel
Motion was made by Councilmember Bryan, seconded by Councilmember
Bell, that the minutes of the regular session be approved as
submitted. .
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmember Bryan, Bell,
Britton, Schwartzel
None
None
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ADJOURNMENT:
With no further business to come before Council at this time,
motion was made by Councilmember Schwartzel, seconded by
Councilmember Bell, that the meeting adjoUrn. Such motion carried
and the meeting adjourned at 7:45.
Michael L. Parks
Mayor
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-CITY COUNCIL WORKSHOP SESSION
" , MONDAY, APRIL 10, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
City Council convened in workshop session in the City Hal b,Conference
Room, 3800 University Boulevard, in the City of WestUni,versity Place,
on Monday, April: 10, 1989, with the following members present: Mayor
Parks, pres'iding; Councilmembers Bryan,. Britton andSchwartzel.
Councilmember Bell was absent. Also present were the' C-Hy Manager,
City Secretary, Director of Administration, Director of Operations,
Chief of Police ;and the Fire Chief.: A, '
HEARING OF RESIDENTS
There were none:- present who wished-to 'speak.
f
STAFF REPORT - AGENDA REVIEW
Draft copies of the agenda for the regular session were
distributed and discuss,ed.'
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Councilmember Britton expressed his opinion that the Personnel
Mantia 1 as_presented was apo licy a'nd procedures manual and not an
emp 1 oyee, I sinanua 1 .
Councilmember Schwartzel did not like to limit the employee's
pol,itica'l a'ctivities:as{.spec-ified iin the Manual.
Council member Bryan conveyed she would -make a sta:t;ement about the
appeals procedures as set out :::ini the':Manual -and, ,"also;, she agreed
with Coun'cilmember Schwartzel on the;political activities issue.
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Counci'lmember 'B'ritton. ask,edi!f :the_ City had. records. against a
property owner to' pay-for 'demol-i-ti on o,f dangerous" bui-ldi ngs. The
City Attorney advised that there is a provision to place a lien on
'the property for the amount. ,) " ',11'. '
.Coun'C'ilmember Bryan asked why there; was only one bid.der.. on the
radio equipment. The City Manager explained that the
s'pecifioations _were written so that more than onecol)1pany could
bid on the radios. However, .Motorola could meet ,the
specifications as needed by the City. Another company could have
bid,'b~ttheirproduct was more sophisticated wit~jmore "whistles
-andbells"than the CHy required and .would prove morercostly.
Staff was asking ,for approval. to award thec.ontract for, the
purchase of the radios and for authorization to negotiate the
contractifor. Public Safety Radio User Agreement wjthMissouri City
and the lease/purchase contract. -
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,Mayor Parksi.recoinmended .Ceundlconsi,der,:approvil'!g-~nd authorizing
:the.contracts as long as it is done,w.ith~n the, budgeted amounts.
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;' t 1.38 City Council Workshop Ses'sion, April 10, 1989
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Director of Administration; Donna Sims, stated the radio equipment
and accompanying contracts were within the budget.
The City Attorneys,uggested City 'Council consider authorizing the
contracts on the Gonditionthey are mutually ~ependent.
Counc:i 1 member Schwar'tze 1 asked why the 'C;i ty waul d be us i n'g
Mfs'soud City's equipment. The Chief of Police, Steve Griffith,
r'e.sponded tha:t,the City wduld be using their tower and base.
H'owever, "there are (}'ther, base systems for the City to use should
Mi,ssouri' City canc~l. :
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DISCUSS WARNER CABLE FRANCHISE AGREEMENT AND PLAN FOR REPLACEMENT OF
THE CATV SYSTEM
The Warner Cable Franchise Ordinance was discussed. Councilmember
Britton expressed his concern about th~ effects of the new system
on those without cable, but he liked that fact that the franchise
was nonexclusive. ' '
Mayor Parks asked if the' Ci ty "s 1 egal counsel for the franchi se
had looked at the replacement plan. ' Staff did not think she would
be involved at tha~ po~~t.
Councilmember'Bryan asked when the system is updated does the City
have any after-the-fact power to ensure that the: system is done
satisfactorily.
The City Attorney, Jim' 'Dougherty, responded that the expert cable
engineer had reviewed the replacement plan and he was happy with
the'desi~n. If the systeni~S updated not in accordance with the
specifications, the.'City ha.s ,the power to 'enforce the ordinance.
Section 14 of Ordinance. No. 1342 addresses 'operational standards
and states that the Grantee shall pay the costs incurred by the
"City for any tech'nical; assistance deemed necessary by the City for
obtaining i'ndependent veri f'i c,a ti on of techni cals tandards.
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Councilmember Schwartzel suggested the City was far enough along
in the negotiations that any more delay would cost the City in
revenues: and slow th,e p~~gres's' towards an'improVed system.
COlnicilmember Bryan asked who has the final authority: the City's
technid~l expert or Warnerl~.
. The City Attorney suggested that would be a.poiritfor.
deliberati'on.Mr..Dougherty distributed suggested amendments to
'Secti on 13 .A'and B of the 'Ordi"nance, asfo 11 ows :!'
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Amend the seco'nd sentence of Section 13.Ato read as follows:
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Such system replacement and upgrade shall be in accordance
. ,wi th'- the Phfj'if'SF Ref3heeHleRt sf bA+\l~ysteHl attael:tee
l:teFetS as e*1:t4BitA~'wI:t4el:t was f3FeY4sHs+y SHBHl4ttee BY
SFaRtee aRe aj:Jj:JFSyee ByS4ty "Plan for Replacement of
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City Council Workshop Session, April 10, 1989
139
CATV System" submitted to the City by the Company, which plan
includes a two";paqe narrative and list of specifications. the
Warner Cable Construotion Specifications Manual referred to
therein, a "PrbpdsedTimet~ble~ and a three";page"Bill of
Materials." a: 11 of which are on file in the office of the
Ci~~Secretarv'andare incorporatedhereiribv this reference.
Amend Section 13.Bby:deleting theword~ 13+-aRs .aUaeAeEl AeFete
as ~*t:l4B.H A andinserting,the "Pl an for Repl acement of CATV
System" i dentifi ed,' above".~ ,; , '
City Council agreed to consider the amendments during the regular
session.
DISCUSS HOUSTON LIGHTING & POWER COMPANY FRANCHISE AMENDMENT
The City Attorney introduced several insignifica'nt amendments to
Ordinance Number 1343 which amends the the HL&P franchise to
increase the franchise fee payable to the City ona temporary
basis. The changes to the ordinance were suggested by the
attorney representing HL&P and Mr. Dougherty recommended they
could be incorporated into the ordinance without changing its
meaning. The changes submitted for consideration (underlined)
were as follows: C
"Section!. . Ordinance No~ 733, adopted January 13, 1958
, (nFranchise Ordinance")'>of the City granted a franchise to the
Company.' The Franchis'eOrdina'nce is hereby'amendedas, fo 11 ows:
On or' before the fifteenth (l5th l day of February,: 1990',i n
additiQ~ to all other payments to be made to the City under the
Franchise Ordinance, the Company shall pay to the ,City the
additional sum of 0.91979% of the gross receipts, exclusive of
r~ceipts for;str~etlightirig, rece~vedi bY 'the Comp,any, from its
electrical Tightingand power 'sales 'for consumption within the
corporate limits :ofthe:City, 'during th.e period commencing with
the Company I s June, 1989 bi 11 i ng month, through the Company IS
December, 1989 billing month, unadjusted for the revenue-related
effect of theadditionaT franchise fee provided for, in this
Section. The Compa'hyshall receive a'dollar-.for-dollar credit for
the'amount it pays for publication of ,this ordinance as required
by;:the City' sCharter~ ,"" : . :' ."
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Section 2. Thisdr'dinance is being passed by the City and
accepted by the Company in full settlement of all outstanding
iSSues between the City and the Company with respect to the
Disputed Calculation, and the Ci:ty, subj'ectto Section 4 hereof
and subject to receipt of full,payment,ofamounts due under
Section 1, hereby releases, acquits, dlSclalm and forever
diScharges the Company of and from any and all 'claims, demands and
causes of action which the City may have relating to the Disputed
Calculation;:in bther'words, the City gives up its claim for 4% of
the franchise fee surcharges on the reported gross receipts for
the period prior to March 1; 1985~"
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140 Ci ty Council Workshop Sess i on, April 10" 19.89
"Section 4. In.. the event any regulatory authority having
jurisd~,ction should enter an order disallowing e*~\'!ess+y
l 'e14-saHew.,the Company I s recovery 'of the addl ti ona 1 payment
provided for in Section 1 hereof, any amounts paid to the City
hereunder shall be credited:against.theCompany's next occurring
franchise' fee payment and, notwithstanding Section 2 hereof, the
Company and the City shall thereafter be entitled to pursue any
claim', demand or cause of' action whi.ch 4-t ~hey may have
concerning the Disputed Calculation~The ompany agrees to use
its best efforts to prevent any such disallowance and to secure
any necessary regulatory approvals.
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After some discussion, the consensus of City Council was to delay
action on the Houston Lighting & Power Company Franchise amendment
until more information could be ~athered.
RECESS WORKSHOP
o. ! 1 " . 'Yo 0 I. t I. ;
Mayor P,ark,s recessed :the.workshop session at 7:30 p,.m. to convene
in regular session~
RECONVENE WORKSHOP
'\
At 8:00 p.m., Mayor Parks reconvened the workshop session with the
following present: Mayor Parks presiding, Councilmembers Bryan,
Britton, Schwartzel. Councilmember .Bell was absent. Staff ~\
members present were the City Manag~r,:City SecretarY"Director of
Operations, Director of Administration"Chief of Police, City's ,--J
Consulting Engineer and the Superintendent of Utilities.
DISCUSS AND CONSIDER SEWER LINE OPTIONS ON BELMONT STREET
Dieter Ufer, City's Consulting 'Engineer, reviewed the available
options for sanitary sewer easements at 6711 Belmont and nearby
properties. After discussion, City Council agreed to Alternate
No.3 as follows:
"Alternate No.3: Thjs solution utilizes an eight-inch
sanitary sewer 1 i ne' constructed 'i n the 10-foot util i ty
easement to be secured across the front of Lots 1, 2 and 3.
Construction in this easement would not involve"hand
digging" and therefore, the estimated construction cost is
$12,620.00. The location of the proposed easement would have
to be on the private property side because the area remaining
between the property 1 i,ne and, the north curb of Bell a ire
Blvd. already contains a water main which precludes building
the proposed sewer line'in the Bellaire Blvd.
right-of-way. This solution also has the potential
disadvantage because Lovett Custom Homes allegedly has
received your City's Planning and Zoning Commissi.on's
approval to subdivide Lot 1 into ,four,~50-foot lots which
would face Brompton Street. .The south 50-foot lot may be
in conflict with the location of the proposed 10-foot
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City Council Workshop Session, April 10,;1989'
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sanitary sewer easement. This needs to be investigated by
the City's staff and determine if such a conflict exists.1I
Mr. Rockenbaugh advised that Lovett Homes had agreed to give the
City the 5-foot easement.' ," , . , '
DISCUSS AND CONSIDER CITY OF HOUSTON REQUEST FOR LANDFILL EASEMENT:
The City Manager advised that staff received letters from the City
of Houston and from the Braeburn'VaHey West Civic Club.
'. Houston has responded that they woul d 'be ainenab 1 e: to the
installation of trees and shrubs along the easement to screen the
landfill from the residents of Braeburn Valley West Subdivision,
but they needed more information before making a definite
commitment. Maintenance of the easement would be the
re~ponsibility of Wes~ University Place. Houston would like a 40
foot tem~orary construction easement and a permanent 20 foot
easement for their'force main line to Keegans Bayou Wastewater
Treatment Plant. However, Houston declined to construct a sand
bulkhead for the venting of metnane gas for the City. Mr. Cooper
reported from telephone conversations w1thHouston staff, that
Houston did not want the trench in their easement. Th.e City of
West University Place is compelled by the State of Texas to' clear
'the ditch area; the civic' club wants a landscaping screen.
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Mayor Parks asked if the City can get in there and dig the trench
while Houston is in there.
Curtis Cooper responded that the City wants a 40 foot construction
easement but does not want the trench on their easement.
Mayor Parks recommended that there be some protective language
written in the easement so that if they have a break, the City of
West University Place is not liable. He further recommended that
staff convey to Houston that the City was agreeable to work with
them on the easement.
Councilmember Schwartzel suggested the City apply to Houston for
the abandonment of the right-of-way on Milford so that West
University Place can be as strong as Houston when they want our
landfill easement. We could work both easements at the same time.
Councilmember Bryan suggested staff make sure the language
protects the City from liability.
COUNCIL COMMENTS
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Councilmember Bryan inquired as to when the Five-Year Plan would
be presented. Mr. Rockenbaugh advised her it would be presented
at the next regular workshop session. Councilmember Bryan
reported a new IIUniversity Parkll sign and asked it be investigated
as a possible code violation.
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142City Council Workshop Session', AprHlO,..1989.
STAFF REPORT ;'
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Mr. Rockenbaugh asked Council to consider a workshop session for
Monday, April' 17,1989 from 11:30 a.m. to 1:30 p.m. to review and
consider the Personnel Study. City,.Gouncil agreed to meet at this
time.
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ADJ'OURN'MENT
With, no further'business"to:come before Council at this time,
Mayor Parks declared 'the'~'workshop ,session adjourned at 8:47 p.m.
. ~ ! \ .;
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,. ., .,:. : 1-
Michael L. Parks
Mayor,
Q)J .d;, Lv- . /1, I ,h, n
Audrey NtqP\,Olfs\...~, " ,',.
City Secre'cliry ":,
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REGULAR CITY' COUNCIL MEETING
MONDAY, APRIL l(J~ 1989
MUNICIPAL BUILDING
3800 UNIVERSI'TynBLVD.
7:30 P.M.
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City Council convened in, regularsessioni.n the 'Municipal Building,
3800 University Boulevard,";n theCity'of'West University P;lace, on
Monday, April 10, 1989, with the following members present: Mayor
Parks, presiding; CouncilmembersBryan, Britton and Schwartzel.
Councilmember Bell \'ias absent. ,Also present were the City Manager,
City Secretary, City Attorney ,Director ,of AdniinlStration, Director of
Operations, Chief of Police' and the 'Fire Chief. .. ~MayorPro rem Bryan
delivered the invocaHon am:i'led:'the Allegiance' to; the "Flag. .
HEARING OFRESI[)ENTS: . Mayor Parkslnvited residents' to spea'kwho had
matters they wi shed' to bring' to the attention of the:C i ti, Counc i 1
which had not previously been submitted to the .City. Man~'ger.
Mark Bukaty., 3514 CorondoCourt, addressed City 'CounciJl~d th his
concern over a '. pit bull .dog' i nhis"ne)(t door neigHbors ,ya rd . His
family was not able to enjoy their back 'yard for fea.rof'this
dpg. The neighbor's yardis.fenced,but it ;is'an,old fence. The
dog is beh'ind the fence and on a chain. '"
Mayor Parks asked if the City did not have :an ordinance' that
applied to viciousl dogs'. The Gity Manager"re'sp6ndedthat the City
has leash laws ancF~lawsagainst'keepi ng exotic'ci.n'imal s ,:but the
City has no ordiriance ,that'address~s ptt bull dogs;~orvicious
animal s.M,ayor Parks assured Mr. 13ukatystaffwould'i\'i
investigat~ the situation veryqul(:klY anCldo what'can be done to
the extent legally possible.
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Bernard Murphy', 5612 Communfty Drive, addres;s!ed' Counci.l stati ng
hi s appredation for the action >befng ',takf~nj on theLhouseat 5616
Community: that the house would be demol i,shed etther by the owner
or by the City if the owner.; does not.
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CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to'a'ddress"aspecific ag'endaAtern tos'peak'iatthis time.
There were none pre.sentwho'wis.hedto speak concerning an agenda
item. C'>::'~',L' " .."..,. :'
ITEMS TO BE REMOV'EDFROM THE CONSENT AGENDA:: . CouncHmember Bryan
ias'kecr-that Item No. 10, PURCHASE OF 800MEGAHERTZrRUNKED (PST)
RADlO SYSTEM FOR. POL ICE AND FIREDEP:ARTM.E:NlS ,'.' De.J:~,fuoveClTffofu the
..'consent 'agenda. .r.: . '
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CONSENT AGENDA: Motion w.as'made.byiCouncilmember,~!yan,. seconded
. . by'Counciimember Brittol1,'tha.tWJth,~t,he excepti'on of Item No. 10,
the consent agenda be approved in accordance with staff
recommendation.
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c r 144 Regular City Council Meeting, April 10, 1989
Voting Aye: Mayor,Parks,Councilmembers Bryan, Britton,
Schwartzel
Voting No: None
Absent: 1 '.~'Co'Unci lmelJlber~ell
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ORDINANCE RENEWING THE FRANCHISE CURRENTLY HELD BY WARNER CABLE
COMMUNICATIONS. INC:' , Consideration was given to the first of three
readings,of the ,franchise'agreement. Mayor Parks presented the
ordinance and read the caption,>as follows:
. .
;:,. ': . ORDINANCE NO. ,1342, ,
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. . ORDINANCE .GRANTING TO, WARNER CABLE, COMMUNICATIONS, INC. ITS
SUCCESSORS AND ASSIGNS, THE RIGHT', PRIVILEGE, AND FRANCHISE
TO ERECT, .MAINTAIN, . AND OPERATE A OOMMUNITY ANTENNA
TELEVISION SYSTEM IN THE CITY OF WEST UNIVERSITY PLACE,
TEXAS;' TO ER~CT, MAINTAIN" AND. OPERATE ITS POLES, TOWERS,
~ ANCHORS ~ WIRES, CABLES, :ELECTRONIC CONDUCTORS ~ CONDUITS,
MANHOLES,AND,OTHER STRUCTURES AND APPURTENANCES IN,
OVER, UNDER, ALONG, AND ACROSS THE PRESENT AND FUTURE
PUBUCSTREETS ,HIGHWA.yS, ALLEYS,. BRIDGES ,;"EASEMENTS, AND
OTHER PUBLIC. WAYS AND PlACES IN. THE CITY; PROVIDING FOR AN
EFFEGTIVEDATE AND TERM; PRESCRIBING COMPENSATION FOR THE
RIGHTS, PRIVJLEGESAND FRANCHISE CONFERRED HEREUNDER;
PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE
BUSINESS INSOFAR AS IT AFFECTS THE USE OF PUBLIC PROPERTY
FOR THE PURPOSE OF. SUCH BUSINESS; PRESCRIBING RULES AND
REGULATIONS. GENERALLY FOR THE..INSTALLATION, MAINTENANCE,
AND OPERATION OF SAID SYSTEM AND BUSINESS; PROVIDING A
SUPERCEDING. CLAUSE; PROVJPI~G FORA~CEPTANCE BY THE
COMPANY CONTAINING GENERAL. PROVISIONS RELATING TO THE GRANT
OF rHIS 'FRANCHISE; AND. PROVIDING FOR SEVERABILITY.
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Copies of Ordinance Number 1342, in the form required for
adoptio.n;' we:re:available'to all :.J1lembers of City Council and a
reasonable numbe.r:of'additiona-l copies available to interested
citi zens present. :
Amendments on the table for consideration were:
"
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. Amend the second se,ntence of Secti on 13. A to read as fo 11 ows :
Su,ch system replacement. ,and upgrad.e shall be i,n accordance
with the PhR fer: R.eJ3heelfleRt ef GAllJ ~ystelfl attaeJ:1ea
J:!er:ete as ~*J:!49tt A, wJ:1teJ:! was J3r:evte~s+y S~9lf1tttee9Y
Sr:aRtee aRe at:Jt:Jr:evee 9Y b4ty IIPlan for Replacement of
CATV Systemll submitted to the City by the Company, which plan
includes a two:..page 'n.arratiVe ana list of specifi.cations, the
Wa rner Cable Cons.truct ion Sf:fec i fi ca t i oriS Manua 1 referred' to
therein, a IIproposed Timetablell and a three-page IIBill of
Materials.1I all ;ofwhich are on file in the office of the
City Secretary',andare:i.ncorporated herein by this reference.
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Regular City Council Meeting, April 10, 1989.
11
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Amend Section 13.B by 'deleting the words J3hRS aUae~eEl ~el'lete
as 1!*~4B4t A and inserting the IIPlan for Replacement of CATV
Systemll identified abovell.' ....
Motion was made byCouncilmember Bryan; seconded by Councilmember
Schwartzel, that the amendments to Ordinance Number 1342 be
accepted as presented.
Voting Aye: Mayor Parks~ Councilmembers Bryan, Britton,
.Schwartzel'
Voting No: Non,e :
Absent: Counci 1 member Bell
Motion was made. by CouncilmemberBryan, seconded by Councilmember
Schwartzel, that Ordinance Number 1342 be accepted on first
reading as presented. '
Voting Aye':
Voting Nb:
Absent:
Mayor Parks, Councilmembers Bryan, Britton,
Schwartzel
None
Councilmember Bell
[
ORDINANCE AMENDING THE FRANCHISE TO HOUSTON LIGHTING & POWER
COMPANY: Mayor Parks presented Ordinance- Number 1343 and read the
caption, as follows:
ORDINANCE NUMBER 1343
AN ORDINANCE AMENDING ORDINANCE NO. 733 OF THE CITY. OF WEST
UNIVERSITY PLACE, TEXAS, WHICH ORDINANCE GRANTED A
FRANCHISE TO HOUSTON 'LIGHTING & POWER COMPANY; INCREASING
THE FRANCHISE FEEPAYABLEJ TO'THE'CITY ON A TEMPORARY
BASIS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT.,
Copies df Ordinance Number 1343, in the form ,required for
adoption, wereavailab'le'to all members of City Council and a
reasonable number of additional copies available to interested
citizens present.
Motion was made by GouncilrnemberBryan, seconded,by,Councilmember
Britton, that Ordinance Number 1343 be tab 1 edunti 1 the next
regular council meeting.
Voting Aye:
Voting No:
Absent:
Mayor Parks,Councjlmembers Bryan, Britton,
Schwartzel
None
CouncilmemberBell
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ORDINANCE AUTHORlZING EXTENSIQNOFGIP(rHALL LOAN: Consideration
was given to the first'and final,. reading of Ordinance Number
1344. Mayor Parks presented the ordinance and read the caption,
as foll ows:
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Regular City Council Meeting, April 10, ,1989
,." ORDINANCE NUMBER '1344
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AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE NEW
PROMISSORY NOTE PAYABLE TO FIRST REPUBLIC BANK FANNIN TO
REFUND THE PROMISSORY NOTE PREVIOUSLY AUTHORIZED BY
ORD1NANCE NUMBER 1260 DATED MAY 29, 1986, BY ORDINANCE
NUMBER 1290 DATED JUNE 1, 1987 BY ORDINANCE NUMBER 1299
DATED OCTOBER 12, 1987; AND BY ORDINANCE NUMBER 1320 DATED
JUNE 7, 1988; PROVIDING THAT NO TAXES WILL BE LEVIED SINCE
FUNDS HAVE BEEN PROPERLY APP~OPRIATED AND DESIGNATED FOR
THE REPAYMENT OF SUCH DEBT AUTHORIZED HEREIN; AND
CONTAINING OTHER PROVISIONS. '. .
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Copies of Ordi nance Number 1344,' 'i n'theform requi red for
adoption, were available to all membe'rs of City Council and a
reasonable number of additional copies available to interested
citizens present.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that Ordinance Number 1344 be adopted on
first and final reading as presented.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Co~ncilmembers Bryan, Britton,
Schwaitzel' ,
None
Councilmember Bell
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ORDINANCE ADOPTING A PERSONNEL MANUAL: Consideration was given to
the first reading of Ordinance Number 1345. Mayor Parks read the
caption as follows:
ORDINANCE NUMBER 1345
AN ORDINANCE RELATING TO PERSONNEL MATTERS; ADOPTING A
PERSONNEL MANUAL; REPEALING PORTIONS OF THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; .AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance Number 1345, 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 byCouncilmember Schwartzel, seconded by
Councilmember Britton,' that Ordinance Number 1345 be accepted on
first reading as presented.
Councilmember Britton stated his view that the Personnel Manual as
presented as a policy and procedures manual as opposed to a
personne 1 manual. , He woliJ d 1 i ke · to see' a personnel manual
excerpted from this policy and procedures manual.
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Regular City Council Meeting, April 10, 1989
"., 147
I
Councilmember Schwartzelstated he was 'inclined to agree with
Council~ember Britton, but staff is accustomed to working under
this type of manua~.
Councilmember Bryan stated she. would vote a.gainst the Personnel
Manual. She thought basically it was a good manual, but she had
some rea 1 seri ous concerns' about the appea 1 s procedures. ,. She
thought the employees 'deserve an appeal to either City Councilor
a personnel bbarll and' thi s manual does not gi ve them that. She
could not in good:conscience vote for the total beca~se of that.
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Hearing no further discussion, Mayor Parks" called for .a ,vote on
the ordinance.
Voting Aye:
Voting No:
Absent:
Mayor Parks,.Councilmembers Britton,
Schwartzel
Counctlmember Bry.an
Councilmember Bell
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(b)
Authorizing the City Manager to issue the demolition
order 'and;, .to"enter' into .aH' necessary -contrarcts, for that
purpose~,' ~ .." .
Motion was made by Councilmember Bryan, seconded by Councilmember
;Britton,thatCity Countilappropriate $3,:000, for :the purpose of
demolishing 5616 Community shou'ld that become necessary and
authorize the City Manager to issue the demoliti'on':order and enter
into all contracts necessary for that purpose.: .' '
.
Voting Aye:
Voting No:
Absent:
Mayor P.ar,ks, ; C()~ncHmembe;rsBryari, Britton,
Schwartze'l" ..",,'.. , .",
None ' , !,
Councilmember Bell
PURCHASE OF 800 MEGAHERTZ TRUNKED '(PST) RADIO SYSTEM FORPOL1CE
AND FIRE DEPARTMENTS: Consideration,was given to the following:
(a) . Starfl s recommendati6n'foraward of the contract to
purchase of the Radi:o System; approving the contract
substantially in the form"approved :by..the City Manager;
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(b) Accepting"and approving the contract for Public Safety
Radio: User Agreement with'Mi'ssouri 'Citi.;, and
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(c) Authorizing the City Manager to execute all contracts
relative to the purchase.
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148 Regul ar Ci ty Counci i Meeti ng, Apri 1 10, . 1989
Motion was made bYiCouncilmember Schwartzel~ seconded by
Couneilmembe'r,~Bryan, that City Counci 1 accept staff IS
recommendation and award the contract fo~,the p~rchase of the
radio system to the only bidder, Motorola Communications, at the ~
price of $309,,000.00; approve the contract substantially in the
fo'rm' approved by the City Manager; accept:\and approve the form of
contract for'Public Safety'Radio'User Agreement with Missouri
(;Oily; however, such authorizations are,.mutually conditional (each
conti nge,nt upon the other) and, further, -au,thori ze the Ci ty
Manag.er to negotiate 'and approve the final ,contract documents; all
such authorizations contingent upon compliance with the amount
budgeted for such purpose.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Britton,
Schwartzel .
None
Counci lmember Bell
PURCHASE OF VEHICLES: Consideration was given to the invoices
totaling $7L,471.26 'submitted by Knapp Chevrolet, for delivery
of thefollowi~g vehi~les~ -
(3) Police patrol vehicles
{l)Police,staff.vehicle
(1) Fire staff vehicle
(1) Inspections staff vehicle
$26,726.00
,,$12,207.26
-$11,269.00
$11,269.00
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Motion was made ,by Co:uncilmember' Bryqn;seconqed by Councilmember
Britton, that the invoices totaling $71,ft71.26 be approved for
payment to Knapp Chevrolet for the vehicles as listed. '
Voting Aye:
. Voting No:
Absent: ,;
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Mayor Parks, Councilmembers Bryan, Britton,
Schwartzel
. None,
, Councilmember Bell
AUTHORIZATION. TO,-,ADVERTISE FOR BIDS:' C,onsideration was given to
authori ze advert is i ng for btds' forremode 1 i ng the Pol ice
Department Communications Office.
Motion was made by Councilmember Bryan, seconded by Councilmember
Britton, that City,Council',authorize advertising for bids' to
remode 1 the Goinmunfca1:ions Office. .
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Voting Aye:
Voti ng '. 'No:
Absent:
. 'Mayor Parks, Councilmembers Bryan, Britton,
Schwartzel
None .'
Councilmember Bell
CITY HALL LOAN: Consi'dera,tion' ,was gi'ven to authori,zing payment of
principal and interest in the amount of $23,097.78 due on the City
Hal\lLoan.
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Regular City Council Meeting, April 10, 1989
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Motion was made by Councilmember Bryan, seconded by Councilmember
Britton, that City Council approved payment of $23,097.78 to
NCNB Bank Fannin for principal and interest due on the City
Hall Loan.
. Voting Aye:
Voti ng No:.
Absent:
Mayor Parks, Councilmembers .Br.yan, Britton,
Schwartzel
None . >
CounciJmeinber Bell
WATER WELL #9 LOAN: Consideration was given to authorize payment of
principal and interes-ti ntheamount of $69,819.:02< due on the loan
for Water Well #9.
Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, that OityCouncil approve payment of $69,819.02 to
NCNB Bank Fanni n for amount due on. Water Well #9 Loan.
Voting Aye:
Voting No:
Absent: .
Mayor Parks , Couriti 1 members
Schwartzel
None
CounCilmember Bell
Bryan, Britton,
HYDRAULIC NETWORK MODEL: Consideration was given to the invoice in
. the amount"of $5t,OOO.OO submitted forPitometer As.sociates,
Inc., for engi neeringserviceS.. in'.connectionwfth the Study and
Hydraulic Model of the City's Water Distribution System.
Motion was'made by Council member Brya'n" seconded by Councilmember
Britton, that the invoice in the amount of $5,000.00 be approved
for. payment to Pitometer 'Associates, .I nc. '.
Voting Aye:
Voting No:
Absent:
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Mayor Parks, Councilmembers Bryan, Britton,
.Schwartzel
None
Councilmember Bell
SANITARY SEWER ,RENOVATIONS ~..' PRIORITY AREA 2 , COLLEGE'COURT
SUBDIVISION: Consideration wasl::givento.thefollowing submitted by
Bearden Contracting Company:
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(a) Monthly Estimate No. 6iA~the amount of $27,585.15 for
work completed through Ma,rch 31, 19.89 on the sanitary
sewer renovations.im College Court Subdivision; and
(b) Change 'Order No . ,2 '.in the 'amountof $1,000.00.
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Motion was made byCou'nctlmember :Bryan', seconded by Councilmember
Britton, that City Council approve for payment Monthly Estimate
No.6 in the amount of $27,585.15 and Change Order No. 2in the
amount of$l~OOO.
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150 Regular City Council Meeting, Apr:il 10, 1989
Voting Aye:
Voting No:
Absent:
.
Mayor Parks, Councilmembers Bryan, Britton,
Schwartzel
None "
Councilmember Bell
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SANITARY SEWER. PRIORITY AREA l.~PHASE 3. WEST UNIVERSITY FIRST
SUBDIVISION: Consideration was giv.en to:Monthly Estimate No.2 in the
amount of $131,820.36 submitted by Whitelak, Inc." for work
completed through March 24, 19E39, on the sanitary sewer
renovations in West University First Subdivision.
" .
Motion was.:made by Coundlmember Bryan, seconded by Councilmember
Britton, that Monthly Estimate No.2 in the amount of $131,820.36
be approved for payment to Whitelak, Inc.
Voting Aye:
Voting No:
Absent:
" Mayor Parks, Coimcilmembers Bryan, Britton,
Schwartzel '
None
"Councilmember Bell
ENGINEERING SERVICES FOR VARIOUS UTILITYRELATEfr PROJECTS:
Consideration was given to invoicesitotaling $12,728.69 submitted
by Langford Engineering Inc., as follows:
"
(a), ~ Invoice No. 5]85 in the amount of $6812.34 for Priority
,Area' 3', Sanitary Sewer"Renovations;
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(b) Invoice No. 5786 in the amount of $431.57 for Study to
Fully Automate the Wakeforest Water Plant;
(c)
Invoice No., 5787 in the amount of $2432.43: for Priority
Area 1, Phase 3, Sani tary Sewer Renovati ons'; and
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Invoice No. 5788 in the amount of $3,052.35 for Priority
Area 2, Sanitary Sewer RenoVations.
Motion was made by Councilmember Bryan, seconded by Councilmember
Britton, tha::fthejnvoices submitted by La'ngford Engineering Inc.,
be approved for payment as 1 i s'ted. ' , ...,'.
(d)
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Britton,
Schwartzel
None
Counctlmember Bell.
LEGAL SERVICES: ' Consi.deration was given to,the invoice in the amount
of $5,500.94 submitted for regular legal services provided on the
City's behalf~,for the _month of Mar.ch'1989. '
Motion was made'by CouncilmemberBryan, seconded by Councilmember J
Britton, that the invoice in the amount of $5,500.94 for legal
services be approved for payment. L..
Regular City Council Meeting, April 10, 1989
151
u
Voti ng Aye: t Mayor Parks , Councilmembers Bryan, Bri tton,
Schwartzel
Voting No: None
Absent: Councilmember Bell
PURCHASE OF DIESEL POWERED CAB AND CHASSIS: Consideration was!given
to staff's recommendation for award of contract to purchase a 1989
diesel powered 25,500 G:V.W:R. cab and chassis.
Bids received on March 23, 1989 were opened with :the:following
results:
Bidder
Net Bid
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Knapp Chevrolet,
815 Houston Avenue
Houston, Texas 77210
Lawrence Marsha 11 Chevrolet
P.O. Box 983
Hempstead, Texas 77445-0983
Joe Meye+sFord,lnc.
16634 Northwest Freeway
Houston, Texas 77040
Mort Hall Ford, Inc.
10730 Eastex Fre~way
Houston, Texas 77093
Lone Star Ford
8477 North Freeway
Houston, Texas 77037
$ 19,568.00
",,''''
"
$ 19,782.40
$ 21,371.16
$ 22,250.00
$ 22,361.00
A. C. Coll ins
P.O. Box 1759
Pasadena, Texas 77501
$ 22,608.31
Staff's recommendation was to award the purchase to the low
bidder, Knapp Chevrolet in the amount of $19,568.00.
Motion was made by Councilmember Bryan, seconded by Councilmember
Britton, that City Council accept staff's recommendation and award
the contract to Knapp Chevrolet in the amount specified.
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Britton,
Schwartzel
None
Councilmember Bell
~
CITY COUNCIL MEETING MINUTES: Consideration was given to the
minutes of the followlng City Council meetings:
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152
Regular City Council Meeting, April 10, 1989
(a) CityCounci'lWorkshop Session, March 27, 1989; and
(b) City Council Regular Session, March 27, 1989. '
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan,' that the minutes be approved as submitted.
Voting Aye:" Mayor Parks, Councilmembers Bryan, Britton,
Schwartzel
Voting No: None ,
Absent: Councilmember Bell
ADJOURNMENT: With no further business to come before Council at
this time, motion was made by Councilmember Schwartzel, seconded
by Councilmember Bryan, that the regular session adjourn .and
Council reconvene in workshop session. Such motion ,carried and
the regular sess40n adjourned at 7:53 p.m.
Mic~a~l t. Parks
Mayor'
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Regular City Council Meeting, April 10, 1989'
[
Voting Aye:t Mayor 'Parks, CouncilmembersBryan, Britton,
Schwartzel
Voting No: None
Absent: Councilmember Bel'
, , '
PURCHASE OF DIESEL POWERED 'CAB AND CHASSIS:, Consideration wasJgiven
to staff's recommendation for award of contract to purchase a 1989
diesel powered 25,500 G:V.W:R. cab and chassis..
Bids received on March 23, 1989 were opened wittr:the"following
results:
BidCler
Net'Bid
- ,~I, :
o
Knapp Chevrolet.~
815 Houston Avenue
Houston, Texas 77210
Lawrence Marshall Chevrolet
P.O. Box 983
Hempstead, Texas 77445-0983
Joe Meye'rs Ford ,'Inc.
16634 Northwest Freeway
Houston, Texas 77040
Mort Hall Ford, Inc.
10730 Eastex Freeway
Houston, Texas 77093
Lone Star Ford
8477 North Freeway
Houston, Texas 77037
$ ,19;568.00 "..
'''1 (' ';
$ 19,782.40
$ 21,371.16
$ 22,250.00
$ 22,361.00
A. C. Collins
P.O. Box 1759
Pasadena, Texas 77501
$ 22,608.31
Staff's recommendation was to award the purchase to the low
bidder, Knapp Chevrolet in the amount of $19,568.00.
Motion was made by Councilmember Bryan, seconded by Councilmember
Britton, that City Council accept staff's recommendation and award
the contract to Knapp Chevrolet in the amount specified.
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Britton,
Schwartzel
None
Councilmember Bell
CITY COUNCIL MEETING MINUTES: Consideration was given to the
minutes of the following City Council meetings:
III I I
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151
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152
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"__~iIfl'.l.f!l1.111
1111 I.I,F,,!, I II I
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Regular City Council Meeting,.AprillO, 1989
(a) City Counci'l'Workshop Session, March 27, 1989; and
(b) City Council Regular Session, Mar.ch 27,1989."
,
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Motion was made by Councilmember Schwartzel, seconded by
'Councilmember Bryan,' that t~e"'ininute,s be, ~p'proved~ as submitted.
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Voti ng, Aye:" ",
'Voting" No: .
Absent:
Mayor, Parks, Councilmembers
Schwartzel
None, ,'.,
Councilmember Bell
Bryan, Britton,
ADJOURNMENT: With no. further business to come before Counc:iLat
this time, motion was made by Councilmember Schwartzel, seconded
by CouncilmemberBryan, that the regular session 'adjourn ,and
Council reconvene in workshop session. Suc~ rnotion!carried and
the regular sessdon adjourned at 7:53 p.m.:
Mi clil:ae 1: l.' 'Parks
Mayor' "
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15a
n
CITY COUNCIL WORKSHOP SESSION
'MONDAY, APRIL 17,1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD. ,
11 :30 A. M. '
City Council convened in workshop session. ih the 'Municipal -Building,
3800 University Boulevard, in the City of West University 'Place, on
Monday, April 17, 1989, with the following members present: Mayor Pro
Tem Bryan, presiding; Councilmembers:Ben, Britton andSchwartzel.
Mayor p'arksarrived late at 11:43 a.m. " Also' 'present were the City
Manager, City Secretary, Director of Administration, Director of
Operations, Chief of,Police and the Fire 'Chief.
HEARING OFRES'IDENTS i
'\
. ).;
Th~re were none pre~6nt whdwished to speak.
DISCUSS AND ,CONSIDER APPROVING CHANGE ORDER NO. ITO THE. BROWNING
STREET IMPROVE~ENT CONSTRUCTION,CONTRACT IN THE AMOUNT OF $3;000
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Director of Operations, 'Curtis C60per, present~dplans to'add a
traffic island at the intersection of Judson and Bissonnet as
Change Order No.1 'to ~he Browning Street. Improvement. Contract.
Mayor Parks came in at this point~
, '.
The plan called for a red brick exterior of the island and a
plante~area in the mid settion~ Cost d~ithe Cbange Order was
$3 ,000 . 00 . ' "c " " '.. "
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, Councilmember Britton suggested the City save the $3,000 and 'Just
paint the rais~d traffiC':island. ",
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Cou,ncilmember Bryan and'Councilmember Bell were in .favoY',of
approving the change order as presented.
Motion was made by OOlmcilmember Bryan~' seconded: by Councllmember
Bell, that City Council authorize Change Order No.1 in the amount
of $3,000.00 for the' traf'fic island at~the intersection, of
Ju~son and Bissonnet a%' presented.
t
Voting Aye:, ,Mayo'r Parks ~ Counc,ilmembers Bryan, Bell,
Schwartzel
Voting No: Coimcilmember Britton
Absent:' . Non'e "', (' .
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Councilmember Bell asked'if a IINo U Turnll sign could be installed
fo.r traffic going weston Bissonnet.".' He ha'd 'wUnes.sed ;drivers
trying to may a -:U turrrat ,the ' i'nters~ct i on and they can; not make
it on o'ne try. Mr. Cooper agr.eed to :'l:odk into .the procedures for
the placement of the sign.
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154
City Council Workshop Session, April 17, 1989
City Manager, Richard, Ro,ckenbaugh ,presented the recommendations
relative to the Job Analysis, :Performance Appraisal and
Compensation System Report ana invited questions from City
Coune; 1. 'Dr. R. J. Harvey was present to answer technical
questions. . . .
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DISCUSS AND CONSIDER FINAL REPORT ON'THE~JOB' ANALYSIS, PERFORMANCE
APPRAISAL AND COMPENSATION SYSTEM RECOMMENDATIONS
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COOnGilmember Britton st'ated herec'alledCouncil'sapproval to
proceed with the personnel study on the basis .it was to be used
for setting up job a.nalysisof employees; but did not recall that
cost figures were to be included into ,the..programat this time.
Councilmember Britton thought salary administration to be very
subjective process and feared Council would be creating a monster
as to what it will cost to maintain this program. He recommended
Council make sure there argcost benefits and that Council control
the costs. Councilmember Britton thought there was a lot of
support tHat says this' is a subjective exercise. Hej:houghtthere
was an' inordinate amount of concern about Equal Employment Office
(EEOC) standards, which is there to police discrimination and
may not,apply to the Ci,ty's situation.
CouncilmemberBell expressed his view that the program is
basically the staff's choice and this program is the one staff
'wanted to go with. He did not know what the costs would ~e to
keep it going. He thought it will be done by staff.
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Rich~rd'Rockenbaugh advised that staff would'maintain the
program. The only additional costs will be the cost of the
software at the price of $5,000.
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Councilmember Bryan stated that she~ recalled one reason the City
did the study was to get the employees involved. She commented
she did ~ot see anything to document what the general reaction to
the report was or that the .employees agreed, it was good..
Mayor Parks asked what the response had been.
,
The Cfty Manager stated that employees ,in the ranks have voiced a
pos iti ve response and in gener.a ,..~,thei r' response has beep very
good. As far as the ranking of employees, that information had
:not yet been d i stri buted' to the emp~ oyees.
Councilmember Bryan 'asked if staff had a way to go back to the
employees and see if they are pleased with the results; that they
,are satisfied with the process.
Chief of Police, Steve Griffith, responded that from the meeting
with staff this morning, the employees; are ,reporting a good
feeling and are pleased with the increased communications the
program will bring about between the supervisors and the
employees. With reference to the salaries, the employees have not
seen how they were evaluated. From the feedback we have had from
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City Council Workshop Sessi.on,April17" '1989,
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155.
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a 111 eve 1 s, they~ are goi ngto understand the process and feel
comfortable with'it.
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[)i rector of Administrati on~ ':Donha Sims, ,offered that all the
employees were ,di,rectl;y'd nvol \led with :thedeve 1 opmentofthe job
analysis. . The result of th~ process is that employees. and
supervi sorS have;"come to'; a meeting'of the mi nds about what they
are supposed to do. :The'new probess:will allow the employees to
be'ev~luated perioditatly' fow developmental revaluation separate
from the review for merit increases.
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Director of Operations, Curtis Cooper, stated'o~e area with which
he was particularly pleased was before the City had three
diff'erent pay programs and the' new process ranks everyone ~ under
one common pay, p,lan and 'takes out the subjectivity of the: worth of
1" the efnp 1 oyee .:,ifhe' emp:l oyees: have had.' input and have the fee 1 i ng
IIthis is my jobll. The employees feel the development evaluation
'i show I can become ii,' better,:emp 1 oyee~ ":The employee, has the
opportunity throughout the year to mee,t with, his supervisor. Mr.
Cooper thought the program would ,also increase the person's
self-motivation a:i1d..increijise the,p-roductivity because they see
management worki ng wi th them through the' year. , ,,'
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"Councilmember,Britton stated~h:e tAought,thiS position'the most
valid part as it gives the employees the opportunity'~oexpress
themselves to the supervisor. It clarifies IIthis is not your
, baily':"wi ckll . But then ;,whenmeri t' increases,;are tal k~d -about, the
superviSor can [Say this is what: we "a'greed wewoul d: ac:comp-'li sh this
yea:r a'nd, you did:, brdidJ not do, accord:fng to thepenfo_rmance
level we set
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Counci 1 member Bryan offered that one of the reasons:' we: did the
study was because of the differences in the pay schedule in fire
and pol ide. '. Is' staff icomfor-.ta-b l'ew,~ th, the: 'fact: that, there is a
difference;','in' the' ffr-e! and:poliae-'s'ala'ries'?, '" " ,j
Steve Griffith explained, that::the i ss~es are, at :re~~tbetween the
Fire Department "and 'the,P,ol i'Ce 'Department. .' Through,j;he' -j:ob
analysis procedure it became apparent that one carries more
s,upervi soryrespons i bil it;ies ~than a'noth'er. The~;,employeesl
understand that now. "',' '.~ ,-, .' .. .' ,"" :!c; .r,
CounCi lm'ember SChwa'rtz:el"J' tho,ugh:t' th:e:pr.ocess "woul d Ihelp;, make
staff" s' deci s ions'. In'view of the 'S i'gniJ~i cant i'ncreq,s,es in the
pay schedule, he thought that if Council 'shouJd,cOll~,ider going
into the plan ,~o do so wit,h ~o expenses to the City at this time.
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Mayor Pa'rks"con'curre:d'an'd .:s'tate1d "Council' ,did notr;want,t<o see any
" 'increase just becaus:e they 'adopted:a salaryscheclule.;.
".1
Councilmember Schwartzel expressed his thought that City Council
had provided 'a lof'of"benef,i:ts .for.,the employee.s "in',the budget and
hed~d hot t~t~k Council,should spend anymore~:
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15.6- City Council Workshop Session, 'April,lZ,~ :1989,
The City Manager stated",staff..trilesc;to maintain the, plan 'every
year and we have up dated the compensati-onplan ac.cording to
inflation and the market value of the positions and submitted it
to Council for ~~proval: ~e~~ave several ~options avatlabl~ which
would all'ow!for)'phasingrin'theretommended:'pay, plan. ,Th~ types of
jobs that:are falling off the pay pJJaniarethe:waterplant
operatot(;andwaste: water' treatment,jpl ant';operator. . ~ These'
emp~oyees:are now required to earn";certificates to ,remain as an
operator arid thejrsalaries:wouldb~~increased accordingly.
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Mayor Parks recommended the pay plan be considered as part of the
next budget,'process. " .' -:- '
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. Counci lmember Schwartzehsug'gest'ed. that., if' CouneiJ 'adopt~~ the
plan, they consider~adopting a.budget,ameridment and reduce the
merit increases now, budgeted:: to' a~op:t the'lJay. plan. a,s a .whole.
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,;Mr. Rockenbaughagreed th~t was. somethi ng'that can, be cons i dered
: in: the 1990' budget ,process. . "1, '.'
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Mayor Parks suggested Counci.l mightadciptrtheplan but not deal
with it on a moneta,ry l:eve'''.'' " .
Counci linember Bryan asked what 'W,aS the' doll ar amount to impl ement
the pay plan'.' . , , , '
The 'City: Manager responded it :was::$23,OOO from, general fund and
$5,000 from the water Is ewe r" fund:~; ;The number crunch ing was
included in thedi~cussions:~ith Council at the beginning.
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Councilmember Britton reviewed several items of concern, as
follows:
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PagEf 5: IITopped 'out'lj'remp]oyees. . He, a$ked i-f this would
have an employee' goi.ng\ beyond hi-s' pay'range.
"
The City Manager res.porided';that what. it is say;ing is the employee
toppea, 'but'be'cause,the compens'a:tion plan has not been changed.
, ,
CounciTiliember Bri ttbn; though;t that meant the Ci ty woul d be payi ng
someone above his pay range.
CouricilmemberSchwartzel tho,ught, that the way, it reads it appl ies
to when an employee' tops out of the pay plan he would be
conside're'd for a bonus.,~' " ,
Councilmember Britton offered that if an employee approaches the
"maximum of his pay. r.ange, :hemay '..not get an tncreaseevery year.
Under.',the'plan as 'it is written, he thought the pay ranges would
be involved.
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Page 6 : Job Ana lysisS.. -Counc i 1 member Bri tton thought there
was too much concern gi ven to (lIcomparable pay" and to Equal
Employment Opportunity regulatory constraints which he
City Council Workshop Se~fsion, April 17,.1989
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thought' coul d be' counter prodlicti.v:e,. He voj~~d ,the, theory
that ';n'o on'e. gets; pit; d' what they are worth;
" ,
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Councilmember Schwartzel inquired that if~empl'oyee..evaluations are
done at least annually, does that'make it difficult for
'supervisors to'get"a':rating'ofan employee. The City Manager
responded that itWoul~ makeiteasier~ Chief Griffith explained
that'the raters need to bee,trained from ,the beginning. , This gives
department heads and supervisors the way to put specific
documentation inthe:pepsonnel; file. ':d "
Page 9. Table 1 New CortJpensationGrade'Structure~ "
Councilmember Britton noticed one employee was listed as
having a"tenure, of one',ye&rand he knew the, empl oyee~Mas
employed with the City for a longer period. Mr. Rockenbaugh
explained the~mplo~~e had one year in that position.
Page 13: Compensation System Identif~ing JEI'Dimension
WeiQhts. Councilmember Britton thougnt that this
explanat~on;"supported ,his"theory that the 'plani.s Sl,lbjective.
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Page:: 14: '. fiou'ncHmember. Bri tton' thought- the, wage survey
results -referred to may be statistically unreliable. The
City Managerexplained:',thtatstaff's procedure, in gealing with
. salary surveys was 'to drop,offthe highestancJ lowest numbers.
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Page 15: Cbunei 1 member 'Britton', thought, thi s .Jnformati on
supported his theory the plan w,assubjective.. ~'i!;le: ,thought the
City should operate on merit raises. Richard Rockenbaugh
explainedth'art ,theiCHy' do'es adjust the pay .p}an: p,eriodically
to meet inflation increases and the current job market
demands. The report is verifyi ng what the Ci ty does'.
Cou'ncilniember Brffttom:stated,he 'did: :li ke the:, la,s.t ,paragraph
on 'Page 15. :;li, :,','~:. ,,"i'
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Page 22: Councilmember Britton thought the second paragraph
troublesome. It :pr:''Opb'ses','tocf.reeze raises:,while the plan is
be'ing implemented. 'The e,~;ty(ManagerexpJainedthat was Dr.
,Marvey's recommendation b~t one not accepted by staff.
. 'S:':. ,;, . . "
','Councilmember Sdhwartze,ll'ask,ed;'if th,e:cC'i'ty,:was cont;emp:lating merit
increases on an annual basis. Mr. Rockenbaugh responded
.', affirmatively, perhap's in' the'monthL-of Ma,rch, but H:wou.ld be one
time a.year. . . " "'r;],
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Councilmember B~itton was concerned that from hi~ ~xperience, when
raises were granted on an annual basis everything comes to a
hal t. Everyone' sits around'wiiiti,ngfor.the outcome...
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,:, 'Mr. 'Rockenbaugh expl atned that the advantage;i.s that the employees
will have developmentah1evaluations throughout; the year. ' The
developmental reviews are a minimum of four times a year and the
'merit review is: one time; a 'year.. ;;It will make; the department head
more' accountab 1 e:i '. . ';,' , '
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158 City Council Workshop Sessfon~- April;<'l7e;; 1989.
Countilmembe'r Schwa,rt2!el' asked is there had, been;-any di scussi on
for making so'me compensation ;j~ior boo,uses., ,Mr . Rodenbaugh advised
that the discussion have not been on that level, but to consider
those wh~ ha've topped'cdut~,;j' i: Ie:' ,,(I _: ". '
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" Mayor parkso'ffered,that Councilmay'have come to ,the conclusion
,.C thatitisadmirifstrati'vely ana:cceptableplan~': Our. concern is
cost .a~d~:that money be consideredas'.'a part of the budget process.
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Councilmember Britton was conoerned::thatthis general a system
might increase the City's exposure to EEOC. He would prefer to
have a:f(expert'()piriionon'tha~~~),u"':_,.;, '
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'Councilmember Schwartzelsuggested Dr. Harvey'might be able to
.'. ahswer that. .J .
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Councilmember Brltton suggested Dr. Harvey might have a conflict
of int.:e,~.re~t on ~hat point." r~':,'
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D'yo:;; Harvey; responded that staff has'iwritten, j n . standards that we
have to comply with and if we do not we may find ourselves
, d\;r'iolat-ing 'our' own pol icy and 'EEOG :cou:ld 'come back,against the
City.' In Dr.' Harvey'sexpert opini.onh'ethought the City was
taking afr'isk flOW for people:com-i.ng-, f'rom an.EEOC vioJation. Now
that a jobaha.lysis has been done' you ,have, a;:oocumen:ted personnel
system based on job content. Without such a job analysis, you can
gee:intb trouble. I Once tMs,~plan is put :in place it is simply a
fact':of maintafning iL '.7 .. ,;.,
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M~yor Parks asked if'Council wa'hted.to -have the plan approved by a
lega lopi ni o'n'~ '",;' :. :.<', ;., r : . i
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CouriC:Hmember Britton thought: Count;1-! ;ought ,to look 'for someone
who has experience in this line. The world is changing and the
plan does not provide enough. ~:exibi,l.ity.
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. Counci lmemb'erBryan: res:ponded<thiit:anythi.ng, you do involves ri sk.
Sh'e -thought an expert":u'piniroh would i.be'.an ,'e'xpenseto the City.
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Councilmember Schwartzel asked where was the flexibility in the
s'ystem. Is a 'compu'ter.:'going toge'nerate' lt' from the ,employees.
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Dr. 'HarVey res'po'hded ithat goi ng to tM s,ki nd of approach gives
you more flexib;.lity than any other system. Old tasks qre dropped
and new tasks are included. You are guaranteeing to stay on top
of what i sgo,i rig on~, ,', " ,
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Councilmember Bryan.:,asked 'if'f.tbe plan .would allow ,a department
head to differentiate for the employee who only fails on one
weighted:item..Dr..'Harvej responded that the.plan makes what is
import~nt andw~at ]:s not important 'explicit. ; \
Mayor 'Parks 'asked if Cou~cil could.adopi'the plan and'd~lete the
doll ars and 1 eave it open to the next City Council to Gonsider.
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City Council Workshop Session, April 17, 1989
[159
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Counci 1 woul dnot be arppr.ovtng "arry expenditure, but adopt the pl an
and the next Counc'tl wouldTmake monetary considerations during the
budget process.'" '
Councilmember Britton suggested Council include that this is not
to effect' ~he 1989 budget. - -- ~ ," .., .
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Motionwasmade.:by'CouncilmemQer Schwart?:el;secon9~d by
CouncilmemberBryan, that :City Council,;accepi: the plan, as long as
it does nott impact ,the '1989,budge:t; themoney;involve<;l, in the
implementation,!af',the;;compensationplan be presented to the next
City' CoundPforu'considerat,ion' in the next b~dget.
Voting Aye:
Voting No:
Absent: '
Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwart~el .
None
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COUNCIL COMMENTS
O'
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Mayor Parks commented he had visj~ed Saintes, France, and
presented to the Mayor of Sainte~s:' ad::.awb,oy hat and some Texas
wine. He asked Council's approval, for the City to pay for these
items. By general consent, Council agreed the City should
reimburse the Mayor for the cowboy hat and wiQe~
A letter from the West University' Baptist. Church was discussed
relative to parking lot usage and maintenance. In the letter the
Baptist Church offered to share the ~p'arking, fa<;.il ities with, the
City on certain conditions. It was the consensus of Council to
thank the ch~~ch for its 'cnnsideration, but tQ.declfne the offer
'at this time. '
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STAFF ,REPORT
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. 'City ,Manager, RichardrRockenbaugh, ,had nO,thingfiJrther for
'" Counci 11 s' "consi'de'ration' at, thi s' time.! I', "." .
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ADJOURNMENT
With no further business to 'come..befare Council "at this time,
.Mayor Par~s declared the workshop session adjourned at 1:04 p.m.
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City Secretary
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f') ;Mi-chae1 LParks
Mayor
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. ,";CITYCOUNOIt "WORKSHOP SESSION'
: r;'';H 'MONDAY, "'APR,IlJ ,2'4, 1989,
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
'.'; , '; " ; 6 :'30P '.'M; '1' ':1"
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City Council convened in workshop session in the Municipal Building,
3800 Univer~ity Boulevard~ ilithe;Citj of West:University'Place, on
Monday,' "April 24, 1989,' wHhthe t6Howing members':present:Mayor Pro
TemBryan, presiding;PCouncilmembers Bell; Brittoniand,Schwartzel.
. Mayor 'Parks 'arrived 1 ate at':6 ~4Y .p.-m. Al so 'presenFwere the City
Manager, City Secretary, City Attorney;-,Director ofi0perations, and the
Chiefi~f Pol~ce.
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INTRODUCTION OF NEW PERSONNEL
Chief Griffith introduced the following new patrol officers to the
members of Council:
Georgeanna Davis
'Roy Ti lle:ty::~' ,
, Mike Hew'itt::',;, :",
.. , , Tad Schneider.; , "
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HEARING OF RESIDENTS
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There were' 'none' present. who, .wi shed. to speak.
'STAFF' RE~ORT -' AGENDA REVLliEW"
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The ordinance' an'lending'the Houston Lighting & Power Company
franchise agreement was discussed. Councilmember Bel' reported he
read that an HL~P Subsidiary was collecting their fees and
retaining a portion to cover their costs and did that include West
Univer~ity Place. The City Attorney thought that HL&P was
probably:doing the same th,ing on',a system"';w:ide, basis,. ,At this
point the City is only' to consider settling on the 4% of. 4% issue
but is not precluded from pursuing other fee discrepancies that
may become apparent~ .
, 'Mayor Parks :arrived 'at this;c;point.
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Jim Dougherty advised that the percentage of .9% was based on a
billing time frame from June 1989 through December 1989. He would
need.to check.with H~~P to determine if the percentage will
change because the .ordinance can not legally be adopted until 30
days after its first'reading, which will be the first meeting in '
June. Coordinating these two time schedules might cause HL&P to
begin charging in July. If that is the'cas~~ he might~ave to
come back to Council with a slight increase in tlie'.'percentag~rate
to be charged.
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City Council Workshop Session, April 24, 1989
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'Counci 1 member Bryan thought staff, needed to follow up on
Councilmember Bell's' question. The City ,Attorney suggested the
Ci~y could ,join with Houston, in that case: if, they, wished.
'councilmember Britton stated ,he thought Houston would very much
like for West Univers'ity to'join them and, share the legal fees.
He thought the residents who pay electric bills are neutral on the
subject.
Councilmember Bell asked if it would be worth it to sue HL&P.
The City Attorney responded that the legal cost.s might be
. prohibitive.
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, Councilmember Bryan said she agreed with the HL&P ordinance that
would be considered in regular session, however, she, thought the
City should follow,up on the other case.
Councilmember Schwartzel stated he would ,vote against..the
o~dinahce when it came before~Council in regular session.
Counc}lmember'Bell sU9gestedthat since there are so many houses
bein~(built in t~e City, why can'not staff call, HL&P..,when a
house is'demolished. HL&P is putting their utility, poles in the
front yards because they say they can not get to the backyards to
place them. If,they were called when a house is demolished, the
comp!}nY coul d send a crew out (and i.f a~ pol e is needed at that
10c~tion) put the pole in the back while the'lot is clear.
Councilmember'Bell ~sked, if:there:wasa way to m~ke~L&~ 90
underground wit'h their'utHities. The City..Attorney,thought
HL&P would probably file an additional fee for underground
~lectric 'service.
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Ci ty Couhci 1 agreed 'to cons i der the; HL&P .franch;i se ,amen,dment at
regular session as listed on the agenda for that meeting.
Councilmember Schwartzel asked about awarding the contract for'
remodel ing the rest rooms at Colonia'l .Park. He wanted tp consider
the $4,000 difference between the low b.idd~r,~ndthethfrd low
bi dder. Council member Schwartzel was advi sed'by 'the City Manager
that a representative for the low bidder was in~it~~ to attend the
reg~lar session to plead his case for acceptance of his'bjd.City
Council has the authority ,to waive all fo.rmalities, and award the
bid to the most advantageous'bidder. Staffdoes,not,"have that
authority and therefore made the recommendation to award the
contract to the thtrd'lowbtdder. The .second-low bidder withdrew
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Councilmember Bell asked if the City might wait'untilthe master
park plan is complete before awarding the remodeling contract.
Tapley/Lunow, architects developing the master park plan,
might have recommendations contrary to these,plans. "
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City Manager, -Richard Rockenbaugh, responded that after.meetings
wereh'eld at Colonial Park staff received quite a few complaints
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City Council Workshop Session, April 24" 198~
about the re,st' rooms. . ThQt was why staff went, forward with the
prciject;as rapidly aswe',d'id. ,Mr. Rockenbaugh" stated he did not
realize that'Mr~~ Tapley would get involv,ed in the interior
structure of an existing park butlding. The question a~ose
"wh'ether to re:..b:id the project.: It was staff1s recommendation to
notre-bid as generally when :you;do,you'get higher bids.
City Council agreed to consider the award of the contract for
action during the regular session.
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The ordinanc'erelating to a'ggressive 'animals"wasdiscu.ssed'.
Councilmember Bryan questioned if a pack of dogS were involved,
would each dog be labeled as an aggressive dog. The Police Chief
respon'ded that would be'at the discretion of the, Animal Control
'Officer~
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Councilmember Britton questioned why this ordinance was coming
before'Council so suddenly.' He 'would prefer to have some time to
study"the issue and:discuss' it. He suggested some thought might
be given to the size of dogs and a requirement that the owner
fence larger dogs. CouncilmemberBrittonsuggeste~.Council would
be giving a lot of authority ,to the Animal Control Officer that
p~rhqps should be the responsibility of. City Council.
Mayor Parks explained the reason for the'ordinance was in response
to a resident who came before Council with,a particular dog
problem' anij1it became:apparent,that the City had nothing in the
code to dea 1 'wi th aggress i ve ' dogs. I f the ord i nance' wou,l d help
i>rovide some safe~y f?r ~htHlrei1:; ,he thought it was a good start.
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Councilmember Schwartzel asked if the IIpropendty to attackll as
worded in the ordinance was in reference to a specific breed. Jim
Dougherty :respondedthat:the ordinance was not breed-specific.
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RECESS WORKSHOP
" Mayor P'arks"reoessedthe'workshop 'session at 7:30 p.m. to convene
in~egolargegsion.
RECONVENE WORKSHOP
At 8:10 p'.m. :Mayor Parks reconvened the workshop session with the
following present: Mayor"Parkspresiding, Councpmembers Bryan,
Bell, Britton and Schwartzel. Staff members present were the City
Manager, City Secretary, ,Director of Operations, Director of
Administration, Chief of Police, and the Superintendent of
Utilities.
PRESENTATION OF FlVE-YEAR',PLAN
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Richard'Rockenbaugh, City Manager,. presented'information relative
to a proposed five-year plan. While every department head
suomitted information to be included, the plan addressed those
items which are significant in costs and would require
City Council Workshop Session, April 24, 1989
163
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cClr1sideriltioninthe next five years. The plan is designed to
provide projects but has flexibility andean be changed from year
to year.
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Among items discussed by Council to recommend for policy
development and cons iderati'on;byttienext Council were, as fo 11 ows :
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(a)' Street repairs: The CitytManager explained that street
repairs presently were mirintenance items and not replacement
projects. 'There did 'not appear'at this time to be a big push
for street r;epairs.Street,replacement has in the past been
done by voluntar;yassessment p'rograms. When the ci ty has
approached prope'rty' o'Wne'rs"concerni ng a voluntary assessment
program, it was generally voted down. It was suggested by
City Council 'that the policies ,be developed for both
long-term projects and interim maintenance. It was further
suggested that the 'City 'provide protectioniof the streets
. frOm over-sized trucks. The trucks overload the street
capacity and that problem needed to be studied and the
streets evaluated. It was suggested that the study might be
one 'for the Traffic Committee. '
(b) A sidewalk replacement program was discussed, but it was
generally the'consensus of Council that the property 'owner
should be responsible for sidewalk'maintenance~ It was
recommended that the new Council look at the old policy and
.d~yelop a 'newpolicy.' '-..
Landfill: It was suggested that alternatives for garbage
disposal be investigated'~ ' '
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Recycling: A mandatory recycling program was suggested,
however, there would be an enforcement problem.
Zoni n'g Ord i nance: "It' was j recommended, th'a,t,' the zoni ng
. ordinance' be. reviewed for,'.!improvements: and. that,
spe"ci fica lly', s'et, ba'ck requi rements'bereiJiewed ,and
consideration given to a five-f'60t'set ba.ckeach side.
Housing 'COde :"1 t' wa'ssuggested' that' requ:i reme.nts ,for
buildlng'mater'iars ,be' 'studiedi for upgrading. 'lIt was thought
that inferioY"construct;:orl';mater;als were being used in some
of the new coils tructi on. '
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Ki rby Dri ve: It"wasr.ecominendedthat"Robert Lindsey, on
theZonirlg andPlannfng'Conimission,ask-: his students to
. restudy Kirby Dri vel and use.
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Gas'L ines: It Wcl'S-;' suggested 'that' carbon steel or black steel
pi pes' be requ i red:forgas' '1 ines.
(i) JMH Property: Sa le:.:of ,the som'e::of<thei lots'wa's d.i scussed.
One City Council'''may<notbindanother CityCouricil's action.
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City Council Workshop Session, Apr,il 24, 1989
'However, it was determined that the'vot,e of the current City
", CounCi 1 be shown, as follows:
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IICity Council Workshop Session, October 20, 1988
After discussion, motion was made by Councilmember Bell,
seconded by Councilmember Bryan, that City Council
purchase the:JMHpropertyat the price of $390,000.00
under the terms and conditions stated in the Agreement
for Sale and Purchase by;and between JMH Supermarkets,
Inc., as seller, and City of West University Place, as
purchaser. The vote was taken on the condition that the
City Manager confirm that 'there would be no replat
requirement after the building is demolished; that the
property' is platted as five separate lots.
Voting Aye:
VotingoNo:'
'Absent:
, Mayor Parks, Counci 1 members Bryan, Bell
Councilmembers Britton, Schwartzel
Nonell '
(j) Park Fee/Bedroom Tax: It was recommended this fee be
investigated.
(k) , Fri ends of West U Parks: It was recommended that control
factors be developed.'
(j) Southside Place Fees: It was recommended that these fees
be reviewed to determine they are based on actual costs.
(1) Traffic Revenues: It was recommended that the revenues be
reviewed for improvement.
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COUNC I L COMMENTS .
Councilmember'Schwartzel asked about th,e,;Southwest Bell Franchise
Agreement and suggested'Council consider retaining Susan Hodges,
Ad~inistrative Services Inc~, and join with Houston in their suit
against Southwestern;Bell~
Jim Dougherty agreed it was' possible 'and perhaps the City could
join Houston's claim with Butler & Casstevens,' but recommended
, s'taff find out if there would be a common cost.
Councilmember Schwartzel asked what if anything the City has lost
in our new franchise with Southwestern: Bell that we need to
regain. He suggested staff discuss this with Susan Hodges and
see why it was not discussed before. If there is a problem with
the City's existing franchise, Council ought to know about it and
see what can be done. Councilmember Schwartzel suggested Council
consider looking at other 'outside' ,expert.ise in the future.
Councilmember Bryan asked about the'. size of the University Park
Real Estate signs and if they were 'still in noncompliance with the
City's code. Mr. Cooper, Director of Operations, suggested the
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City Council Workshop Session, April 24, 1989
165
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signs were in compTi1ance:with existi:ngco.de requirements.
However, there was a cOI'l'sensusof Council that the matter be
pursued to determine whether the'signs were too large.
ADJOURNMENT
With no further business to come before'CoUncil at this time,
'Mayor Parks declared thenworkshop.session adjourned at 9:45 p.m.
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AudreyNi ols
City'Secretary ,
Parks
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REGULAR:'CITY COUNCIL MffEnNG
, ;,;; APRIL 24~~'1989, ,.
,J MuNICIP,AL :BUI'LDI.NG' ;
3800 UNIVERSITY BLVD.
7:30 P.M.
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City Council convened in 'regular sessifmi.n the Municipal Bu,ilding,
3800 University Boulevard, in the City of West University Place, on
Monday, April 24, 1989, with the following members present: Mayor
Parks, presiding; Councilmembers Bryan, Bell, Britton and Schwartzel.
Also present were the City Manager, City Secretary, City Attorney,
Director of Adminis,t.rati,on, Director of Operations, and the Chief of
Police. CouncilmemberBeli 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 attentlon of the City Council
which had not previously been submitted to the City Manager.
Dick Steele, 3132 University Blvd., addressed Council concerning
proposed legislation allowing large animals within the city so
long as they are referred to as pets. He urged Council to
research the legislation and consider writing to Representative
Brad Wright.
Mayor Parks thanked Mr. Steele for bringing the matter to
Council.s attention and referred the question to staff for
investigation.
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CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specltlc agenda item to speak at this time.
Mr. Art Javaid, representing Del/Houston, asked to speak
concerning Item No. 12, Rest Room Renovations at Colonial Park.
Mayor Parks requested Mr. Javald walt untll that ltem was before
Council for consideration. Mr. Javaid agreed.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember
Schwartzel requested Item No. 12, Rest Room Renovations at
Colonial Park, be removed from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Bell, seconded
by Councilmember Bryan, that with the exception of Item No. 12,
the consent agenda be approved in accordance with staff
recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
None
None
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Regular City Council Meeting, April 24, 1989
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ORDINANCE RENEWING THE FRANCHISE CURRENTLY HELD BY WARNER CABLE~'
COMMUNICATIONS, IN~: Consideration was given to the second, but not
final, readin,g .of Ordinance Number 1342. Mayor Parks read the
capti on, as foll ows: . : . , ',',
ORDINANCE NO. 1342
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ORDINANCE GRANTIN~ TO WARNER CABLE COMMUNICATIONS~'lNC,. ITS
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND FRANCHISE
TO'ERECT, MAINTAIN, AND OPERA~E~ACOMMUNITY ANTENNA
TELEVISION SYSTEM IN THECIT'{r OF .WEST UNIVERSITY PLACE,
TEXAS; TO ERECT, MAINTAIN, AND'! 'OPERATE ITS P'OLES, TOWERS,.
ANCHORS, WIRES, CABLES, ELECTRONIC CONDUCTORS, CONDUITS,
MANHOLES, AND OTHER STRUCTURES AND APPURTENANCES IN, OVER,
UNDER, ALONG, AND ACROSS THE PRESENT AND FUTURE PUBLIC,
STREETS, HIGHWAYS, ALLEYS; BRIDGES, EASEMENTS, AND OTHER
PUBLIC 'WAYS ,AND PLACES IN :THE-CITY;PROVlDING FOR AN '
EFFECTIVE DATE AND TERM;.PRESCRIBING' COMPENSATION FOR THE
'_ RIGHTS,:PRIVILEGES AND 'FRANCHISE CONFERRED HEREUNDER;,"
:,. PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE
BUSINESS INSOFAR AS TrAFFECTS THE USE OF PUBlIC ,RROPERTY
FOR THE PURPOSE OF SUCH BUSINESS; PRESCRIBING RULES AND
REGULATIONS GENERALLY 'FOR THE INS;YAL.:LATION, MAINTENANCE,
AND OPERATION OF SAID SYSTEM AND BUSINESS; PROVIDING A
SUPERCEDING CLAUSE; PROVIDING FOR ACCEPTANCE BY THE COMPANY
CONTAINING GEN'ERAL PROV'ISIONS: RELATING TO THE GRANT OF THIS
FRANCHISE; AND PROVIDING 'FOR SEVERABILITY. '
Copies of Ordinance Number 1342, in the form required for
adoption, were available to allmerrlbers of:City:,Council and a
reasonable ntim~efof ~dditfdnal copies available to interested
citizens ,present. __.' ~r
I n accordance wi th City, Charter requ i rements, the ord in~nce will
be considered for third' reading 30 days after the first reading
whi ch occurred on April 10, 1989. .;':" "
Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, tha'f-'Ordi'riance Number; 1342 be acc:epted or'l second
reading, as prrs~nted.
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bry.an, Bell,
Britton, Schwartzel
'None' ' .
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ORDINANCE AMENDING THE FRANCHISE TO HOUSTON LIGHTING & POWER
COMPANY: Mayor Parks 'presented Ordlnance Number 1343 tor first
reading and readt~~~aption, as follows:
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; 168 Regular City Council Meeting~ April 24; 1989
ORDINANCE NUMBER~1343
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AN ORDINANCE AMENDING ORDINANCE NO.: 73a OF lHECITY OF WEST
UNIVERSITY PLACE, TEXAS: WHltHORDI~A~CEGRANTED A
FRANCHISE TO HOUSTON LIGHTING & POWER COMPANY; INCREASING
THE FRANCHISE FEE PAYABLE TO THE-'C'ITY ON A TEMPORARY
BASIS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT. .L . " .
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Copies of Ordinance Number 13'43, i'n the form r~quired for
adoption,~were available to al'~"members of City-::Council and a
rea~bnabl~number of addtti~nal,copies available to interested
citizens~'present. '. .
Motion was made by Councilmember Bryan, that Ordinance' NUlJlber 1343
be accepted, on first reading as pTese!1ted;,that 'even though City
Council adopts this ordi'na;m:,e"that staff follow through with
other possible legal,action~ an-o~forward that information 'on to the
next Council.andif it is, in :the: best interest of.the City to join
other cities' to bring legal .actiol).aga,inst HL&P;. that City Council
wants"this ~to be passed on. :to :thei~o~ncil that comes after us to
take it under adviseme,nt and,make':a :determinationat that time.
Councilri1ember Britton seconded the motion.
Councilmember Bell 'commented he thought, the City should pursue
underground e 1 ectrica lservi ce' and :that HL&P should be requi-red to
const~uc~ underground utilities at new construction sites.
Mayor Parks agreed it should be a matter of r.ecord and for
recommendation to,'future councils .wouldbe consideration of an
ordinance to require underground utilities, both .by HL&p and by
the private easement construction including drop lines to the
houses'.
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Hearing no further discussion, Mayor Parks called for a vote on
the motion.
" Voting Aye: Mayor" I?;ar!ks, Gouncilmembers Bryan, Bell,
Britton
Voting No: Councilmember Schwartzel
,Absent:.. ":, None' ",'
ORDINANCE ADOPTING A PERSONNEL MANUAL: Consideration. was given to
the second and final reading of Ordinance Number,1345. Mayor
Parks read the caption, as follows:'
ORDINANCE NUMBER 1345
AN ORDINANCE RELATING TO PERSONNEL MATTERS; ADOPTING A
PERSONNEL MANUAL; REPEALING PORTIONS OF THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
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Regular City Council Meeti'fig; April 24, 1989
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Copies ',of Ordinance Number 1345, in the form required 'for
adoption, were availa,b]e to,';a.ll membeY>'s of City Council and a
reasonable number of additional copies'~available to interested
citizens present.
.' Motion was made by Councilmember Bell; 'secondedby,Councilmember
Bri tton, that Ordi nance, Number 1345 be adopted on s,ecoXld and fi na 1
reading as presented.' ;,
Voting Aye:
'Voting No:
,\ Absent::
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Mayor Parks, Councilmembers
Schwartzel '
Councilmember B~yan
None r '
Bell, Britton,
ORDINANCE RELATING TO ANIMALS: Consideration was given to the first
readi ng of Ordinance Number 1346. . Mayor :Parks read th~ !=.~pti on,
as fall 6ws:,
'r, ORDINANCE NUMBER 13M; ,:" .,
AN ORDINANCE RELATING':ifO ANIMALS;AMENDINGiJ,Hp:"CODE OF"
OROINANCES, OF THE .CITY' 'OF WEST:U,NIVERSITY' PLACE, TEXAS;, ;:
CONTAINING FINDINGS AND PROVISIONS RELATING TO, TME; SUBJECT;
AND DECLARING AN EMERGENCY ~. ; . , ."
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Copies, of Ord:inance' Number 1:346,',int:he form :required for':
" . adoptiori, ,w~re available to: ~l,ll m,embers: of Ci;ty:,~oLincil, 'and a
reasonable number of additional copies a\!~iJ,ab.le to~:interested
citizens presen~.
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Motion was made'by"COlirici 1 member ,Bryan, seconded by Councilmember
Bel~, that Ordtnance Number '1346 .beiaccepted ,on0firstr~ading as
'pr~s'e1ited~'''''' ,..'. ''''''<:, "';, '".. :,
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'Mayor Parks invited discussion.
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Motion was made by Councilmember Britton th~t QrdinanceNumber
1346 be tabled to allow time for further study and be considered
aga'in'at a la\ter: date~::Councf1memb,er'Schwartzel seconded the
motien. ""d. '
Voting' Aye:
Voting'; No:
Absent:: r
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< C'ouncilmembers Britton, SC,hwartzel,.,;'
':',Mayor.'1 Parks; Councilmembers, Bryan, Bell
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Councilmember Bell offered that the ordinance be amended in
Secti ori( i v:~'nto' read: 8:.t shall be:,:the duty, ;of the, owner and
harborer of 'a:1i' aggressJtve,"d.og1.tokeepcsu9h ~:Iog, restrained, at all
'times', with' a'chain;'arid! weH:-:fitted' collar, -each :h~~,ing a
minimum tensile strength of three hunarea ljUUj p~unds.
Councilmember Schwartzel seconded the motion, which carried by the
. fo llowi ng ,vot~': ') ,:
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110 Regular City Council Meeting~' Apri124~ 1989'
"'-;Voting Aye: t
Mayor-Parks, Councilinembers,Bryan,
Bri~ton",SGh~artz~lr~ .
"'Nonef;,' . ';':'
None
Bell,
" V6ting No:
Absent:
":I"1r'l Cou,ncilmember Bryan' requested', another 'amendment be considered.
" ' Shetho'ught it heeded ,to be" a'dded', that the dog, is' surrounded by a
fence. There is nothing in the ordinance that says the dog must
be surrounded by a fence.
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The City Attorney said that was ~orrect, the collar and chain is
the exception to a fe'nci ng requ i remenf~ if the' dog is" cha i ned wi th
the 300 pound tensile collar, the owne,y. would not, have to fence or
cag~, the dog. However, the ordinance could be written both ways.
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"'Gouncilmember :Bryan: was' in ,,fav'or of: both requirements for
aggressive dogs. The City Attorney agreed to work'onlanguage.
Councilmember Bryan had a question concerning subparagraph (i)
where ,it r~fer~,to a dog acting in a IIvicious or terrorizing
manner ,,:,apprdacheif :any persoi1 in a public place in an apparent
a.ttftij'de~_~of atta'ckll': 'Why d'id the C,ity .Attorney riot'include
pri vate: pl ace? 'The C'Hy Attorney responded that ,=he thought the
rationale was that a dog that is 'a 'watch dog m;.ght .well approach
someone in a vicious or terrorizing manner on private property.
But '; fi;'the' dog 'd6'es tlle 'same'f1tliing ,on, pub 1i c, 'p.r,operty, i tmi ght
" ,indicate,i'tis ,not: a Watch: dog being "awatch do,g" it is, a watch
dog'beirig'vici:ous'.-, -(~'",' , ' ,
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rCouncilmember Bryan asked if a dog approached her on her own
: ,property~ is that a publi1cplace'[f:iThe ',City Attorney advised that
"front yards are probablY'iconsidered'a publiC places. The
exception is conduct in private places. A dog thatexhfbtts
vicious conduct in a private area does not necessarily brand the
dog as aggressive, but if he behaves,inan aggressive manner in a
public area, that would be grounds for branding him as an
.' aggressive dog~':' ",'". , .,,'" ,~, ; h ",i
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!' Councilmember Bryan,asked ,if. the term IIdogl;',:was a generi,c term.
Mr. Dougherty responded affirmatively. The way the ~r,dinance is
written, it is an individual dog. If the Animal Control Officer
, bel i eves that'.: dog is aggre'ss iv'e;~ as; defi ned, either 'by conduct
; eHlibited or' because of :itsknown',pl;'opensity, or the dog has been
trained for dog fighting or participated in an:.~rganized dog
fight, then the dog would be subject under this ordinance.
. ~~ ~~. '). ; " ; . : ; ';'.
Counci lmember Bri tton sta'ted for.' the :record-th(at the 'conversati ons
thaf'Co'uncil' just heard demonstrated his .reservationthaf not very
much, thought had gone jnto t~=iLs or~i nanc'e', 'and~ mOr.e, study,:needs to
be dorie'~ " "
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Councilmember Schwartzel agreed with Councilmember, ,Br,ttton.
Regular City Council Meeting~ April :'24" 1989,
171
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Councilmember,'Bell stated,-;he~thpug~,t ,it was better: than what the
City has now. 'The-ordinp.n~~ m~y:be amended, ifn~,cessary, at a
later date. d~ is a stelll i~ t~e,:rig~t direct10n~,,"He thought it
was a good ordlnance, even lf lt may,not be perfect. ' .
, <-. ~ .
Councilmember'Schwartzel questione~ why the ordi~ance was
presented wi th an emergency cla~se a llQwi ng for', its ena~tment on
one reading. Councilmember Schwartzel moved that Section 6 of the
ordinance' be"de'leted (this section being the: emergency clause) and
conform tHe', caption by d,el et;-ngilU~nd ~ecl ari'ng' an~ emergencyll,
which will allow time for lang!Jage to ,be,developed,'for, the
amendment stated by Councilmember Bryan to be incorporated into
the ordinance and o:th,er :am~ndrn"ents, to be .considered.
Councilmember BrittpnsecQ~ped:tne motion.
"'-Voting Aye: ,I MayorP:arks, Councilmembers
',', . :, Brttton ;'Schwcartz;e 1 . , ,
Voting No::; - :: 'None .
Absent: .. "".. None ",
Motion .was ;madebyCounc,ilmem~er ,Bryan that the ordinance be
amended to 'read that'an. aggressive dog must ~be chaini~d and fenced
and the City Attorney i)ns~truc~ed to,i nsert ,the appropriate
1 anguage. Coun'cHmembe,rhBell' se,conded t~~ ,;moti on. ,
Bryan, Bell,
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, :Voting Aye:
u Voting No:
Absent:
MayorPar-ks, "oCounci lmembers
8ritton, SGhwartzel'
None 'I. ",: .
,None.
~r~an, Bell,
Mayor'Parks ca'lled fona;,vote"o,r;t"the ol'j'dina,~ce qsamended.
Voting Aye:
Vot,ing, No:
Absent: ' .,
Mayor Parks, Councilmembers Bryan, Bell
Councilmembers Britton,"Schwartzel
Non.e- . , '
ReSOLUTION RECOCNIZINC M~RG~RITO AGYNDEZ YPON HIS R[ITR[ME~T F~OM T~~
.illl: Mayor Par.~~,presented an~r~~dthe following resolution:
RESOLUTION NUMBER 89-07
WHEREAS, Margarito Agundez, was employed b~ t~e City
of W~st University Place, Texas, on August 15, 1'951; and
h", \ ~~ -.~:' ~""'-i" ;".-..,' '.'. ,-.. ~..
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WHEREAS, Margarito Agundez has served the City as an
Operator for the Waste Water Treatment Plant during the
thirty-seven years of his employment; and
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WHEREAS, duri ng all of such servi ce to the City,
Margarito Agundez has performed his duties in such a manner
as tQ reflect credit upon himself, his family and the City;
and .' , ., " ",
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'172 Regular City Council Meeting, April:24~ 1989
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'. WHEREAs, 'Margari to !AgLintiez' tias'proven: many: times . that
he is capable~ willing", responsible'iand dedi'cated ,to his"
position an.d::h;as,'accompl fshed ali tasks ,assigned. to' him to
the very :be's'tofhis'abiTity,; and .
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, ." WHEREAS ~'1 Margari io 'Ag'und~i has elected <toHI'eti re from
actiVe'service wi th"ithe' C:fty: o'h Apr'i 1 '29, 1989';" and "
: , . " " " : " ' ,." ~'. "!' ' t,' ,~ '. '; ;. . . , . ':, .
:', WHE~EAS,' it is the des:fre of the City C~un~il to give
recognl:i:i 9Jl'::t.o: MargaritO,:Agundez" for 'hls':l ong'and" fai thful '
servi ce'Fc(th'e' Ci ty ari~ its:~i~it~iens'~'" ~; "
, . ..,.
NOW, THEREFORE, BE H',RESOLVED BY THE' CITY"COUNCIL OF
THE CITY OF WEST UNIVERSITY PlACE~ 'TEXAS:' , . ' "
, '
Section 't. ' That the Ci'tyof 'West UniversityPla.te,
Texas, acting by and Jfhrou'gh'?its du;lyauthorized City
Council, hereby commends MargaritoAgundez for his:many
years of service to the citizens and~to the City,. ,,'
Section 2. . That ; the' City Colinc,il : expresses' i tSi' c,~
gratefu'l'appre'ci ati on' to Marg"a'rito Aguridez for his
unse 1 fish 'devoti on. ,t9 I his duties il'tfd for the mariner in" '
,which he faithfully performs hi's" responsibil'iti'es.
Se6ifori 3. That thfs R~~oTutidri:be spreadij full
upon the mi nutes of: the' CHiY?Counti l'iand the Mayor be, and
he is hereby, authorized to deliver"to M~rgaritoAgundez a
true copy hereof, signed by each member of the City Council.
PASSED AND AP'PFtOVED tJHs 24th ,day' of .April ,,:;1989~
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Michael L. Parks; Mayor
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Beth Ann Bryal1' Mayor Pro Tem
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Buddy Bell, ~ouncilmember
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H. L. Britton, Councilmember
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C. Boone Schwartzel, Councilmember
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Regular City Council Meeting, April 24, 1989
~ ':- r 1 73'
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ATTEST :'
Approved as to Form:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City Attorney
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that Resolution Number 89-07 be adopted as
presented and read.
Voting Aye:
Voting No':
" Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
None
None.
'City COuncil, 'cHy staff and '4h,e audience gave Mr. Agundez a
standing ovation. Mayor Parks congratulated Mr. Agundez on his
retirement and, on behalf of the City Council and city staff,
expressed appreciation to Mr. Agundez for his long and faithful
servke 'to the City. ' ' :,'~, '
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PURCHASE OF FUEL, GASOLINE AND #2 DIESEL: Co~Sideratibn was given
to staff's recommendation for award of the contract for purchase of
aut6ri1otivefuel.', Bids' received on April 13, 1989 were'opened with
the fo 11 owi ng resu lts :
Bidder
Ap~che Oil Company
"P.g~ Box,177 .
Pasadena, Texas 77501
Gold Star Engines
'8702 Fulton " i
1 . . .
'. Houston~' Texas,
Unleaded
,~'Gasol ine
87 octane
Diesel
Fuel
'-".fl'
.'6556/gal.
.7053/gal.
.6784/gal.
.7513/gal.
Tesoro Petroleum Dist.
P. O~ Box 3443 '
Houston, rexas 77005
.7826/gal.
.8323/gal.
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It was the recommendation of staff :to award :the contract for
purchase of automotive fuel for a 24-month period to the low
bidder, 'Apache 0;1 Co. , Inc.' '
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Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that City Council accept staff's recommenda~ion and award
the contract for automotive fuel to Apache Oil Co., Inc.
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174
Regular City touncil Meeting, April 24, 1989
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Counci 1 members Bryan:, Beill,
Britton, Schwartzel
None
None
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PURCHASE OF AUTOMOTIVE' LUBRICANTS: Consideration was given to
staff's r~commendation for award of the contract for purchase of
automotive lubricants.
Bids received on April 18, 1989, were opened with the 'following
results:
Bidder
Automatic" .
Transmission Hydraul ic Motor,
& Torque Fluid Oil Oil Grease
Major Brand Oil $'2. 6419al
2151 Greens Rd.
Houston, Texas 77032
Tesoro Petroleum $2. 431g~ l'
P.O. Box 34433
, Houston, Texas 77.234 '"
$.1.66jgal $2.15/gal :$.64/lb
'"',, '
$1. 7-3/gal$2.29lga'1 $.66/lb
Apache Qi 1 Company '$2. 73/ga"
P.O. Box 177
Pasadena, Texas 77501
H&W Distributing $3.01/gal
9617 Wallisville Rd'
Houston, Texas
$1.93/gal ." $2.49/gal, $.698/lb
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$2.00/gal $2.45/gal $.57/lb
A. J. Hurt, Jr., Inc. $2.85/gal
3354 Old Spanish Trail
Houston, Texas
~ . . . .
$1.997/gal' $2.63)gal.$.57/lb
, ;
It was the recommendation of staff to award the,contract to the
low bi dder, Maj or Brand Oi 1 based upon the fact. that; they were low
bidder on the two items the city buys most often.
Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that City Council accept staff's"recommendation and award
the contract for purchase of automotive lubricants to Major Brand
Oil at the prices as bid. ~:
Voting Aye:
Voting' No:
Absent:
Mayor Parks, Councilm~mbers, Bryan, Bell,
Britton, Schwartzel
None
None
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REST ROOM RENOVATIONS AT ,COLONIAL PARK: Consideration was given to
staff's recommendation for award of the contract for construction
of the rest room renovations at Colonial Park.
Regular City Council Meeting, April 24; 1989
; 175
c
Bids rec~i~ed April 17, 1989; were opened with the following
results:
Bidder
Amount
Bid
, "
DCI/Houston
P.O. Box 70243
Houston, Texas 77e70
$ 18,320.00
Hummel Construction
6130 W. 34th
Houstoh~ Texas 77092
Harrop Construction Co.
10190 Old Katy Road #200
Houston, Texas 77043
,. r ,
$ 22,440.00
',r <
$ 22,766.95
, ,
$ 22,949.00
Lewis & Associates .",
3202 Wes 1 ayan, Su'i te 255
Houston, . Texas 77027 ,': '
[
G. 'E. M. Contracti ng
P.O. Box 218562
Houston, Texas 77218
$' 27,793.00
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It was the recommendation of staff to award the contract to the
third low~st bidder, Hummel Construction in the"amount of
$22,766.00. The recomniendation'wasbased on discrepancies found
in the bids submitted by the lowest bidder"DCIIHouston, at
$18,320.00, and the second low bidder; Lewis and';Associates, at
$22,440.00. The second low bidder withdrew his bid. Discrepancies
found with the low bidder were(~) failure topwQ~ide insurance
verification, (b') :failute to acknowledge receipt of Addendum No.
1, and (c) failure 'to 'provide references. The sam~,.day the bids
were opened, Del/Houston faxed information to the,C-ityinan
effort to clear the discrepancies and asked that the information
be considered with the bid. City Council has ,th~, ,authority to
waive formalities in the bidding process and' award the contract to
the bidder'most'a:dvahtageous to the City. However,.. staff does not
have that authority and therefore, made the recommendation as
presented. The second low bi dder' withdrew hi s 'b,jd.
Mr. Art Javaid, representing DCI/Houston, was recognized by
the Mayor and requested Council consider his bid, for the
renovations to the rest rooms. He personally acknowledged receipt
of Adderid~m No.1 and presented insurance verification and list of
references' to City Countill. ." ,. r; : . -
Councilinember Bryan asked Mr. Javaid why the, information was not
submitted with the bids. Mr. Javaid stated that it was his
experience that an addendum was issued after the Mdding.
However, he was aware of Addendum No.1 all along. In other
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"", ;.-176 Regular City Council Meeting, April ~'24~, 1989
biddi~g;procedures, he was askedtG provide insurance verification
after the bids were opened.
Councilmember Schwartzel asked Mr. Javaid if Council agreed to
award the contract to his company, would he agree to build the
project as specified including the addendum. Mr. Javaid agreed
to do so. . '
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Motion was made by Councilmember Schwartzel, that City Council
waive the formalities and award the contract to the bidder most
advantageous to the City, the low Bidder, DCI/Houston, at. the
bid price of $18,320.00, but make it:'clear that the contract is as
amended by Addendum No.1. Councilmember Britton seconded the
motion.
Mayor Parks addressed Mr. Javaid and qdvised him that the
Inspection Department would diligently ,inspect the progress of the
construction and would require the job be done accurately and in
the time frame, specified. Mr. Javai~,acknowledgedthat
DCI/Houston would be able to do the constrijction as specified.
Councilmember Schwartzel advised Mr. Javaid that if he ever bid
again for work in We~st University Place, to make.'sure his bid
package was complete.
Mayor.. Parks called for a vote on the motion.
Voting Aye:- '
"'Voting'No:
Absent:
Mayor,,~arks, Councilmembers
Britton, Schwartzel
None
None: .
Bryan, .Be 11 ,
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PARKS MASTER PLAN:; Consideration ,was given to the invoice, in 'the
amount of $3~964.03 submitted by Tapley/Lunow Architects for
profess iona 1 servi ces i n;;connect i on with the development of the
~a~ks ~ist~r plan. ' , ' ,
Motion was made by Councilmember Bell, seconded by Councilmember
'Br'yan, that the invoice in the amou.nt of $3,964.03 submitted by
Tapley/Lun'owArchitects be approved for payment.
Votfng Aye:
Voting No:
Absent: '
Mayor, Parks, Counci,lrnembers Bryan, Bell,
Britton, Schwartzel
None
None ,.1
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HYDRAULIC NETWORK MODEL: Consideration, was gi~en to the invoice in"
the amount of $4,000.00 submittect by. P,itometer Associates, Inc.,
for their services in conjunction with the hydraulic network model
of the water distribution system. '
Motion"was made by Councilmembe,r Bel.l, seconded by'Councilmember
Bryan, that'the invoice submitted by Pitometer Assoc.iates, Inc.,
be approved for payment in the amount specified.
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Regular City Council Meeting, April 24, 1989
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Voting Aye:
Voting No:
Absent:
t 177
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Mayor-Parks', Colinci lmembers Bryan, Bell,'"
Britton, Schwartzel .
None
None
WAKEFOREST WATER PLANT AUTOMATION: Consideration was given to the
following submitted by Long & Sons, Inc:
(a) Monthly Estimate No. 1 in the amount of $28,456.48 for work
completed through March 31, 1989 on construction of ,the
Booster Pump Replacement a'nd Installation of Instrumentation
for the Wakeforest Water Plant; and
(b) Change Order No. 1 in the amount of $1,875.00.
Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that Monthly Estimate No. 1 in the amount of $28,456.48 be
approved for payment to Long & Sons,' Inc., and the change order
No. 1in the amount of $1,875.00 ,be approved as, presented.
Voting Aye: Mayor Parks, Councilmembers Bryan, Bell,
'Britton, Schwartzel
Voting No: None
Absent: None
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ACQUISITION OF THE JMH PROPERTY: Consideration was given to the
invoic~in the amount of $1,141.90 submitted by Woodard, Hall &
Primm for legal counsel services in connection with the
acquisition of theJMH Property.
Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that the invoice submitted by Woodward, Hall & Primm be
approved for payment as presented.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
None
None
TAX REFUND: Consideration was given to the request for a tax refund
due to value reduction authorized by the Harris County Appraisal
District.
Motion was made by Councilmember Bell, seconded by Councilmember
Bryan, that City Council approve the tax refund in the amount of
$1,252.00 on property as requested.
Voting Aye:
Voting No:
Absent:
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Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
None
None
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178
Regular City Council Meeting, April 24, 1989
CITY COUNCIL MEETING MINUTES: ' Minutes of the City Council meetings
were presented, as follows:
)
(a)
, (b)
(c)
City Council Workshop Session, April 10, 1989;
City Council Regular Sessio'n';' April 10, 1989; and
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City Council Workshop Session, April 17, 1989.
Motion was made by Councilmember .Bryan, seconded by Councilmember
Schwartzel, that the minutes be approved as submitted.
Voting Aye:
Voting No:
Absent:
- '
Mayor Parks, Councilmembers Bryan, Bell,
Britton,Schwartzel
None
None
ADJOURNMENT: With no further bOsinessto,come before Council at
this time, motion was made-,by:;Councilmember Schwartzel, seconded
by Councilmember Bell, that the regular session adjourn and
Council reconvene inwo~kshop session. Such motion carried and
the regular session 'adjourned at 8:02 p.m.
Mi chael L. Parks
Mayor
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u rey N i H. 1 s
City Secre ary
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CITY, COUNCIL WORKSHOP.SESSION
THURSDAY, ,MAY 4, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:"30 P ~M.'
'. . :. -. :.
City Council convened in workshop.:s,ession,'.i'n the City Hall Conference
Room, 3800 University Boulevard, in the City of West University Place,
on Thursday, May 4, 1989, with tbe:cfo 11 owi ng: members p,resent: Mayor
Parks, presiding; Councilmembers. Bryan, ,Bell and;:Bri.tton,.:
Councilmember SchWartzelarrived at 6:j6' p.m.. Also present were the
City Manager, City Secretary, the Director ofOpe,rati.ons-and the
Superintendent of Utilities.
HEARING OF RESIDENTS
There were none present who wished to speak.
DISCUSS AND CONSIDER REPAIRS TO THE PUMP AT THE WASTE WATER TREATMENT
PLANT
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Consideration was given to the. request for emergency repairs to
screw pumps at the Waste, Mater; Treatment Plant. The
Superintendent of Utilities, Bob Simpson, presented information
concerning Pump #2. The; bearings were out of line which may have
been caused by lack of lubrication,' over lub~ication; shifting of
the main base plate or th~ structure holding the pump has
settled. In order to correct the problem, the entire pump will
need to be removed and shipped to the manuf~cturer for repair.
Inspection of Pump #1 revealed a similar condition, however, it is
not as severe and can remain in servi ce'unti 1 pump #2 i srepa ired
and rei nsta 11 ed.
It was the recommendation of staff that the firm of Hahn & Clay,
who quoted a pri ce not to exceed $52,:000 to re,move, repair and
replace both pumps, be 'selected to' proviide this servic,e. This
pri ce does not i nc 1 ude reCo:at tng the" :-;.nteri or or exteri or of
either pump. The price does~include'thecrane rental and one year
warranty.
Councilmember Britton asked if the two bases could be tied
together so that they do not slip in the future. Also, he
suggested staff provide an improved1ndicatorfor the operator to
know whether he is adding too muc~,Qr too little oil. Mr. Simpson
assured him that problem was to be eliminated.
Mayor Parks suggested it did not do any good to put new bearings
in if the bases are not leveled.
Councilmember Schwartzel inquired if staff could look at another
company to coat the interior and exterior if it is cost effective.
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180
City Council Workshop Session, May 4, 1989
Bob Simpson recommended that,'Council authorize staff to proceed
wi th Hahn & Cl ay because they :arEf loca 1 and they are the 1 east
expensi ve. ,'; >
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Mayor Parks r~comlTIende<f tha:t ',i:.f it becomes apparent when the pump
is down that the interior needs'to be ~oated,-Council consider
contracting for c'6ating' at. th'at tim'e.
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Motion 'was ma'de by; C,Quncilmemb'er Britton, seconded by
CounG.ilrilembef'~:,$chwartzel, that Ci:ty Council authorize the
"emergerl'cY ,repairs to -punip #2.'and pump#L by Hahn & Cl ay at a
'cost noFt'Q exceed $52 ,000. '
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, Bell, Britton,
Schwartzel
None
,None
PRESENTATION', OF THE WmRAULIC NETWORK MODEL
Bob Simpson and the representative from Pitometer Associates,
Inc., TOITIBean; reviewed' the hydpau~'ic'network model and displayed
several scenarios with which fthe'mode~;can be appl iedto help
determine'replacement programs for,Ue n:c'.in Vli1,:er distdbution
systein'lines. 'The'model did not include the service lines to
residence~. ' However~'it would:provebe~efic1al to the Fire
DepartiTient as well : as the Uti,l ities Division. '
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STAFF ,REPORT - AGEND'A:'REVIEW'
Copies of the draft':age'hda were:'distributed for Council's review.
COUNCIL COMMENTS
Councilmember Schwartzel reported that Harris County Precinct 3
offi ce a'greedto; p'l ant, all ,the trees on Bella ire Bl vd. for the
beautHication project., The~c,ities of, West University Place,
, . Bell ai re and Solithsidewould, n'eed torai se money for
maintenance. The trees would probably be plante~ in the Fall.
ADJOURNMENT.
Withtio further business to 'come before Council at this time,
'Mayor Parks declared the meeting adjourned at 7:30 p.m.
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City Council Workshop Session, May 4, 1989
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Audre Nic ls ---
City Secretary
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Michael L. Parks
;. Mayor
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REGULAR CITY COUNCIL MEETING
MAY 8, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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City Council~convened in regular session in the Municipal Building,
3800 University Boulevard, in the City of .West University Place, on
Monday, May 8, 1989, with the following members present: Mayor Parks,
presiding; Councilmembers Bryan, Bell, Britton, and Schwartzel. Also
present were the City Manager, City Secretary, City Attorney, Director
of Administration, Director of Operations, and Chief of Police and the
Fire Chief. Councilmember Britton delivered the invocation and led
the Allegiance to the Fl~g.
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. Neal Kennedy, 6126 Kirby Drive, addressed Council with his
concerns over the noise and traffic' generated by customers of the
Fast and Cool Club at 6135 Kirby. He complained about the
amplified music that is played Thursday through Saturday nights
until 2:00 a.m. so loudly that residents across the street from
the club can not block it out. He reported there was a steady
stream of intoxicated patrons driving at high speed, loud talking,
and, in general, misconduct of all types. Two years ago, the
residents responded by writing a letter to City Council in Houston
and to the owner of the Fast and Cool Club. They did decrease the
volume of the music to the level where is was tolerable for about
8 months. In the last few months; the volume of noise has again
reached an intolerable level. The residents have written letters
to the Texas Alcohol and Beverage Commission and the owner and
called the police in Houston repeatedly. The only written
response from the owner at this time was a threat that he will
retaliate if we file suit. Mr. Kennedy researched the law and
there is one statute in the Texas Alcohol Beverage Code which
directly deals with the situation. It governs offensive noise on
premises and provides that a liquor licensee can not maintain or
permit an amplifier, or speaker, or any other device to project
music or any other noise in a loud or offensive manner to persons
on or near the premises. The problem is the statute does not give
them a private cause of action. Their only recourse is to
petition the county attorney to file suit. He spoke with several
of the county attorneys, but has gotten little response. What ,he
was requesting was for city council to make a formal complaint to
the county attorney and, if necessary, to file suit to enjoin the
Fast and Cool Club, if not their operation, at least the volume of
their stereo and control over their patrons. If that fails, the
residents in the area are prepared and will file suit. He
requested the city join the suit. More immediately, the citizens
requested the city increase patrols in that area on Thursdays
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Regular City Council Meeting~ 'May8, 1989
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through Saturday- nights especially in the hours from, 10:00 to
12:00 even though the Fast and. Cool is outside the city's
jurisdiction. If there is a police car parked across the street
when the patrons leave the club, it will help to-have a calming
influence on them. Although this area is a small segment of the
city,' it affects the whdle:~jty.
Mayor Parks adVised Mr.. K:ennedy it was'very appropr.iate, that he
brought this to Council's irttention tonight as there- were present
the outgoing Council and thejnewly elected CounciL Mayor Parks
'. asked the Chief of Pbli,ce to provide additional. police patrol in
the area and referred. the matter: to the new Counci 1..' The Mayor
commented that the Kirby Drive area of the city is not an
insign'ificant:areq in the Ci:.t,y._Every irich of Jour dirt is
precious and city. council. wants 'to help and defend';t where we
have to. ' ' '
, Coimci lmember Schwartzel commented that Steve Radack seemed very
interested in helping out: . Perhaps;'M'r. Radack's office might be
ab 1 e to help the County Attorney to be "more res pons i ve.
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Councilmember Bryan asked Mr. Kennedy 1f he had talked'to.the
Noise Control Officer ,for the City"of Houston. A few yea'rs back,
he was called and he did come out and metered the noise. At that
time, it worked to lower the npise. level for a period of time.
Sheen~ouraged Mr. Kennedy to continue to try to contact him.
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Mayor Parks:thanked Mr. Kennedy: for,"bring:the. matter to. City
Council's attention. ," :
Mayor Parks announced that Warner Cable did a video of our senior
citizens and entered the video in a national contest:of.videos of
cities. This video is'now in the top 20 finalists nation-wide
and we will ,know soon whether- our senior citizens:in t~is video
wi II wi Ii the :hati onal' award.
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Mrs. Jane Breazeal, Chairman of Senior Services, Bo.a'rd-,- praised the
senio~ services staff for their work and support of the senior
services program.
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CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invitedres,idents
who wished to addr~ss a specif~c agenda item to speak at this time.
There were none present who wished to speak concerning an agenda
item. .~. ~
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. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Counci,l ~uggested removinq' an 'item f:r:o.mLthe consent agen,d_a~, _ :
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CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded
by Councilmember Bell, that the consent agenda be approved in
accordance with staff recommendation.
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184 Regular City Council Meeting,IMay 8,1989
Voting -Aye: Mayor'Parks, Counci :1 members Bry'an; Be 11 , (
Bri tton,' Schwartzel
Voting No: ,None-,' , i
~: ' , Absent: : None '.
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PROCLAMATION HONORING ATTENDANCE AI COUNC.IL, MEETINGS :, Mayor Parks
presented a Proclamation to Robert Frederick Sutter in
appreci'ati onandrecog.ni.ti on.:of<,h'i s. oi li gence, to care ,enough to
',find, out, on a regular bas'is;wn.at iSfgoing on in the,C'jtyby
attending almost every regular'land, workshop :session o'f City
Council for the last, two or, more years. Mayor Parks proclaimed
Monday., May: 8, 1989,'as Robert Frederic,k Sutter Day in the City.
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CERTIFICATE: OFi,ACHIEVEMENT'FOR EXCE,LLENCE IN FINANCIAL, REPORTING:
'Mayor Parks 'presented to Donna L., Sims, Director of Administration
and Finance, the Certificate of Achievement for Ex~ellence in
Financial Reporting for fiscal year ended December 31, 1987. It
",is the fifth successiv.eyearthat the City has been recognized for
'excellence in financial reporting. "
ORDINANCE AMENDING THE FRANCHISE TO HOUSTON LIGHTING & POWER
COMPANY: ",Mayor Parks presented Ordi fiance Num.ber 1343 for fi rst
",reading and read the captiona~ fol:lows: '
"
ORDINANCE NUMBER 1343",:;,,;
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AN ORDINANCE AMENDING ORDINANCE NO. 733 'OF THE CITY OF WEST
., UNIVERSITY PLACE, TEXAS';,:WHICH ORDI,NANCE GRANTED ,A'
FRANCHISE TO HOUSTON LIGHTING & POWER COMI',ANY; INCREAS,ING
THE FRANCHISE FEE PAYABLE TO THE CITY ON A TEMPORARY
BASIS;. AND CONTAINING, FINDINGS AND PROVISIONS RELATING, TO
THE SUBJECT. :.,
,
Copies ofOrdiriance Number 1343, in the form required for
adoption, were available to all members of CityCo,uncil, and a
reasonable number of additional copies available to interested
,citizens' present. ' ..
Motion was made by Councilmember Bell, seconded bY,Louncilmember
Bryan that Ordinance Number 1343 be accepted as presented on first
reading~ ' .
Voting Aye:
Mayor Parks, Councilmembers Bryan, Bell,
Britton:
Councilmember Schwartzel
None
Voting No:
Absent:
ORDINANCE RELATING TOANIMALS:,:-Consi,deration was giyen to the
second reading of Ordinance Number 1346. Mayor Parks read the
,'caption, as follows: r:;' ;' ~
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Regular City Council Meeting, May 8; 1989
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ORDINANCE NUMBER 1346
AN 'ORDINANCE REtATINGTO ANIMALS; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, 'TEXAS1~AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance"Number 1346, in the"\form required for.
adopti on" were';aVa i 1 ab 1 e to all members of: Gi ty, Counci.1and a
reasonable number of additional copies available to interested
(',Hi zens 'present:~.. ,. . , ,:<:' " . ',," ,.' ,
Motion was made by Councilmember Bryan, secondeg,:by Councilmember
Bell, that Ordinance Number 1346 b~ adopted on.the:s~cond and
final reading as amended.
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Voting Aye:
Vdti,ng No:
Absent:
'," Mayor. Park.s, cou"-iicf1members
"''S'chwar-tzel . ,:, .:'", ",'
Coun<::'i 1 member!i:Bri'tton
None
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B:ryan, 'Befl ~"., ,
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PROCLAMATION:' Mayor~"Park'S', prod aimed MaY'.\17, 1989 as Transit
Appreciation Day in the hopethat.,more'commitmentwilJ; be given by
METRO to advanced technoh)gites, whi ch wi 11 not rely on; i nterna 1
combustion engines and will be designed to human scale and its
'enviromi1e'nt.~" "if,', ",} ,,' ',' , 'i.'
CABLE FRANCHISE: Consideration was given,to the, invoice in the
amount of $7,500.00 submitted by MuniCipal Adm'Hri:strative
Services, Inc., for'services rendered through March 31, 1989, in
'C6nriec't-;'0i1with',thep,r:~Jf~Tat2Q~; and., revi.ew ofa neW cable " .'
f'ranchise'with ,Warner'~Cab:le,~ .' '. ' .,: . ",': ',: : ~,," "
...~- '. . . ~ t'" ~ ~l' ~ <"' {' . ~: j .
Motion 'was,nmade by, Coun'cHmember~lBrY.ah;; secon'rled by: Councilmember
Bell, that the invoice in th'e':farriciunt.' of"$-7:,500-.0b'.'be, approved for
,payment to Municipal Administrat,iye Services, Inc.
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Ma~or Parks,~f0duncilmembers Br.Y~~, Bell,
Brftton,; Schwartzel '- : i
Voting No: None
Absent: ' . None" ,2'" ;",
,Voting Aye:
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TAX REFUND: Consideration was given toa'pprovea'tax refund in the
amount of $957.00 representing a duplicate payment,.:'."
, Moti on' was made by Co~,nc'in'!ri~m~en' Bryan:, '.seconded', bN~Counci ,l,member
. BelT, that City Counc'f.1',aLi1ihor'ize payment of the'ta'x're.fund'in the
l,' amount df$957 .00 rellrresenti:ng,:dupl ica,te' 'payment of .' Invo;i:ce No.
051-3-100 to Realty Mortgage Co. ..,. '" ,"
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B;ryan ,Be:ll ,
Voting 'Aye:
Voting, No':'
Absent:
May6r Pairks; CoU'nci 1 members
Bri'ttorl; Schwartzel
None',;) I:
'No'ne' :', ,!)
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Regular City Council Meeting,. May;8r,1989 IF-''
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1988 AUDIT: Consideration~wasgiv~n~tothe invoice in the amount of
$14,000.00 submitted by Peat Marwick Main & Co., in connection
with/the'annual audit.-of thecity's 'financial statements for the
year:~nded" December 3:1;:1988.~..I'r, ') '"
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Motion was made by Councilmember Bryan, seconded by Councilmember
Bell, that'the .invoicein the:.., amount 'of'$l4,OOO:~00 submitted by
Peat'Marwick Main ,& Co~ ;~"ibel approved for ,payment.
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Bryan,: Bell ,
Voting Aye:
;t (:Voti n.g No'.::')
',' Absent: '1 ;'
Mayor Parks, Councilmemb~rs
Britton" Schwartzel
, None'; '\ ..~:,'," I' ',: '
None' :' ',' ,
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SANITARY SEWER RENOVATIONS. PHASE 3. PRIORITY AREA 1: Consideration
was given:' to Month]Yi:Eistima.t.e": N'b.-: 3 in the: amount of:$271,159.07
submitted by Whitelak, Inc.,fo.riwork"performed through April 25,
1989, on the sanHar.y~'s'ewer 'renoV:a,tion project in'We'st University
First Subdivision. '
Motion was made byCouJ'!ci lmember:!'B-ryan~' seconded byCounci lme.mber
Bel'" that Mon'th'y:Es,tjmate,'No. 3'~in'.the:'amount of,$2.7-1,159:07
"'subinitted;"by Whitelak, Ih<::~ ,; be,,:approved 'for payment.
Voting Aye:
, Votfng No:
Abse:nt:' "
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Mayor Parks, Councilmembers
Britton, Schwartzel
. None' r ': ~,r.;\." :'~ ;,: r " 'j
None ,; ;'; .',
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SANITARY SEWER RENOVAnONS~PR-rOR-lifY;,'A:REA, ,2: Consi derat.ionwas
given to Monthly Estimate No. Birr~he,amount of $49~491.58
submitted by Bearden Contracting Company for work performed
'. through,April 25'~ 1989,1ioni,the sa;ni.tary sewer. renovation project
in,.the Coll egeGourt; Subdj'\d sion.: ",,- ,;
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Motion was made by Councilmember Bryan, seconded by Councilmember
:Ben,: that Monthly Estinfate. No:. Rein the amount of $49,491.58
submitted by Bearden,'Contracting C:oinp'any be approved for payment.
=. (~r
Voting Aye:
'Voting No: "
Absent: ' ':
Mayor Parks, Gouncilmembers
Britton, Schwartzel '
None' ~ : ,-;) "
N'one: . ' :>1 c.', . '; .
Bryan, Bell,
PURCHASE OF 'RICKUP"TRUCKS ,FOR THE UT-ILlTI E-5, DIVISION:, Consideration
was,"giNento the invoices tot'a:ling ,$43,,814.98. submitted by Knapp
Ghe:vro 1 e'tfor de'l i very 'of! four- ',pickup trucks for ~the Utilities
Division. "
'Motion Was made by Counc'ilmember";Brya'n, seconded by Councilmember
Bell, that City Council appro~e.fot' payment the invoices totaling
$43,814.98 submitted by Knapp Chev,rolet for delivery of vehicles
to the Utilities Division, as f011.0ws:
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Regular City Council Meeting, May 8, 1989
n
No.. 2GCFC29H8K1204266 ,
No. 2GCEC19H6K1208578
No~, 2GCEC19H2K1207220
No. 1GCCS19Z8K8199981
", , $12,021.48
$11,121.48
$11,121.48
$ 9,550'.54
1989 Chev X.cAB'~
1989 Chev XCAB,
1989 Chev,XCAB,
1989 Chev XCAB,
Sed a 1
Serial
Seria 1
Serial
. , '
Voting Aye:
Voting No: '
Absent:
(':::".' .
Mayor Parks,'Councilmembers
~r.;.t1ton-, . Schwa.r.tzeJ
None', ','
None
Bryan, Bell,
LEGAL SERVICES: Considerat.ion was gi.ven;.tP the invoice in the
amount of $4,382.18 submitted for regular legal services provided
on the City.s behalf for the month'of'April, 1989.
Motion was'made byCoundlmember,;.Bryan, seconded, by Councilmember
, Be 11, that the i nv6l ce 'fordegal 'S:ervices for tile month ,of Apri 1
1989, be approved fo'rpayment. J, -, "
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Voting Aye:
Voting No:
Absent:
,
Mayor Parks, Cou nci 1 members..
Britton, Schwartzel
No'ne:
None
Bryan, Bell,
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ENGINEERING SERVICES'lFOR UTI.L:HY. :RELATED PROJECTS: Cons'ideration
was given to the invoicestotaling$11','361.02:sub!TIj,tted by
Langford Englnee,r;.ng~Jtic., as' follows:" . ','
(a) Invoice No. 5814 in the amount of $1,766.42 for Priority
Area'No. 2, Sanitary>:Sewer, College Court, SubdJvision;
, .
(b) Invoice No. 5815 in the amount of $3,529.55 for Phase 3,
Priority Area No. k"Sanitary Sewer, West UnJ,v~,rsity 1st
Subdivision;
(c) Invoice No. 5816 in the amount of $275.03 for Study to
Fully AutomateWakeforest Water Plant;~nd
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(d) I nvoi ce No...!'5817in the amount of $5,790.02 'for' Pri ori ty
Area 3, Sanitary Sewer.
Motion was made by Councilmember Bryan, seconded by Councilmember
Be 11,: that the i nvoi ces sul)m~i tted by Langfo,rd Engtneeri ng I nc., be
approved for payment as listed.
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Voting Aye: Mayor Parks, Councilmembers Bryan, Bell,
, B:r:itton ,S,chwartzel , '
Voting No: None
Absent: " Non'e "
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CITY COUNCIL MEETING MINUTES: ' Minutes' of the City Council meetings
"were\ presented, ':as fol:lo:wls-: .":.\ )~'
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Regular City Council Meeting, May 8, 1989
City CounCil Workshop Session, April 24~ ,1989;
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City CounCiFRegular Sess,ion,,:Apr;il 24, 1989; and
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City Council~orkshop Session, May 4, 1989.
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Motion was made by Cou,lTcilmeinber,B.eH,~ seconded by Councilmember
Bryan , that the mi nutes be approved 'a:s submitted.i :'
Voting Aye: Mayor Parks, Councilmembers Bryan, Bell,
" Britton, Schwartzel. ,',
Voting No: ,None,"
Absent: .'None,.,. , ,[.
CANVASS ,OF; 1989 GENERAL AND SPECIAL ELEOTION: City Council" meeti ng
as the canvass i ng author;i ty" irev'i ewed' the ,returns submi tted by the
Central Counting Station Presi,ding Judge :and the Absentee Ballot
Board Presiding Judge. Mayor Parks presented Ordinance Number
1347 and, 'read the capti on, a:s'i fo 11 ows :
, ,
ORDINANCE NUMBER 1347
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF' TH~; GENERAL,. E,~EGITON,: ~~I;J!'JN' THEC,ITY OF WEST
UNIVERSITY PLACE, TEXAS,' ON MAY 6;'~1989;' CONTAINING,
FINDINGS AND PROVISIONS. RELATED TQ,THrSUBJECT;"AND '
DECLARING AN EMERGENCY.
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After review of the, tabulated, returns .it was
candidate received the following votes:
determined that each
1232 vote
808 vote
1182 votes
, 1097 votes
1056 votes
,1155 votes
1094 votes
1024 votes
'Laura C. Higley May,or
Whitt F. Johnson Mayor
Jim Jenkins ' . Coundl Member
Bi llW'atsbn Counci 1 Member
Dick Steele Counci 1 Member
Janet L. Redeker Council Member .-
Buddy Be 11 Council Member
Pat Malone Cot:i,nci 1 Member
As a result of such canvass and tabulation it was determined that
Laura C. Higley, with a total of 1232 votes cast for her, was
elected MAYOR of the Gityof West University Place, Texas; and
that Buddy Bell, with a total number of 1094 votes cast for-him;
and Jim Jenkins, with a total number of 1182 votes cast for him;
and Janet L. Redeker, with a total number of 1155 votes cast for
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Regular City Councii Meeting,;'May 8.,1989:'
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her; and Bill Watson with a total ~umber of 1097 votes cast for
him; have been elected COUNCILMEMBERS of the City of West
University Place, Texas.
Copies of Ordinance Number 1347 and Ordinance Number 1348 in the
form reguired for adoption, were available to all members of City
Counciil~~nd a reasonable numb~r of additional copies available to
interested citizens present.
Motion was made by Councilmember Britton, seconded by
Counci lmember Bryan ,,' that Ordi r'lance Number 1347 be adopted on
first and final reading as presented.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan, B~ll,
Brittori, Schwartzel
None'
None
Mayor Parks presented Ordinance Number 1348 and read: the caption
as follows:' ".,..
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ORDINANCE 'NUMBER 1348
ORDINANCE CANVASSINGRErORNS AND DECLARING ,
RESULTS OF THE SPECIAL CHARTER AMENDMENT ELECTION
HELD MAY 6, 1989, IN THE CITY OF WEST UNIVERSITY
PLACE,' TEXAS; CONTAINING:'FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN
, EMERGENCY.
Votes received forandaga'inst'each amendment to the City Charter
were as follows: ~'" -- "
,',
Precinct #183
Precinct #133
Precinct #87
Precinct #15
Absentee
,
AMENDMENT NO. 1
'For
, 240
J .191
318
'2,93"
167
1209
AMENDMENT NO. 2
260
, .19.8
350
299
144
1251
88
;88
101
100
47
424
Against,
'TOTAL
58
62
55
57
29
261'
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Precinct #183
Precinct #133,
Precinct #87
Precinct #15
Absentee
TOTAL
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Regular City Council Meeting, May 8, 1989
<19.1
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City Council determined that (i) more than a majority of the duly
qua'lified voters voting at said,election have voted in favor of
each of the seven amendments submitted~ {1i} each of such
amendments has been adopted, and' (i i i) the Charter of the City is
amende?, as provided in suchamendments~,
Motion was made by CouncilmemberBryan, seconded by Councilmember
Schwartzel, that Ordinance Number.-1348 be adopted on first and
final reading, as presented.' '
Voting Aye: 'M'ayor Parks', COUlicilmembers Bryan, Bell,
Britton" Schwartzel
Voting ~o: None ~
Absent: Ndne ,
,-
COMMENTS BY OUTGOING COUNCIL MEMBERS:
Council~ember Britton'wondered who. w6uld sitin his chair because
his was the hat seat.. All the questions were first asked here.
He stated 'he had been on ~he short~sideof some one to four votes
but he wanted to express to the other members of Council his
appfeciation for their unde~standing and good faith. and kindness
and he w,ished the next Council all the success and all ,the ,best.
D
Councilmember Bryan stated that after, having been on this,Council
for four years, she did not"want to take 1 ightlywhat she had to
say tonight, so she:wrote down some thoughts" as ,follows: She is
very proud to have s'erved' on' thi s ,'Council for, the 1 astfour years
and she is proud 'of some: of: the accomplishments of this>Council.
I sincerely believe that, in theyear'2000,West University Place
will look back and say that was an aggressive bunch. They had a
vi s j on for the future of'West) Uni v.ers;i ty Pl ace land they
accompl ished some things that in the long run w.ere good for the
City of West UniversitY.l I am, very: proud of our aggressive
program of water and 's'ewer 'rep'l'acement.No' one 'is particularly .
happy about spending a' lot of money 'to :tear up our streets and put
in something we cannot really see has :made a difference in our
..1 i ves. However, the' fact 'is our water and, 'sewer li nes
deteriorated after fifty'years and we needed'to push in an
aggressive program of replacement and we did. I,am, pro,ud of our
subsidence legislation~ Had we not taken this highl,y aggressive
step, our ci,tizens would have' been at :the, mercy of other,'
governmental enti ti'es\ :and none of; uS.wQul d have had any control
over pri ces we wou 1 d pay fof water in the ,future. ,- I am very proud
of the purchase of the JMH property for a very reasonable price.
I think' thecitizen:s tenye'ars,from now w,ill' say thank ,goodness
that group did not 'let that p:ropertygo.' I am proud :of the work
done t~ tighten our zoning ordinances. Most citizens, I think, do
not realize how many'hole's we,"did:have inourol'd zoning ordinance
and how loose 'i t re'ally was, because 'upunti.1re,cently n.obody .was
building out to its 1 imfts .", The, new ordinance increased open
s'pace,it increased side setbacks, 'it increased tree requirements
from what 'existed previouSly in the ~ld ordtnance~ ' I personally
thinkCitrleeds further revistonto be even ~ore restrictive and I
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Regular City Council Meeting, May ,8, 1989
hope th~ new Council will lopk into.it. I am proud of the tough
bargains we drovewith'METRO in their purchase of properties we
had: to 'se 11 to them. I.. am' ,proud of. our tough new franch ise
agreements wi th uti 1 i ty prov'i ders. 'I am proud of the new-
direction in the polite ~epartment:with community meetings that
are now being held by our police officers to let citizens express
themselves and to 1 etour. 've.ryfi ne officers and the comm'Un i ty get
to. know. eaCi:h ' other. " lcoul d ~igO on: ad nauseam because I sincerely
am proud of a lot of the things that we have done in the last four
years. But I must tell you that the one single thing I am the
very proudest of is thefact.-that for' some: of us for two years and
for some of us for four' years we', have argued and discussed many
issues. We have sat in ,workshops sometimes until 11:30 to 12:00
midnight and have often had bitter disagreements about what is
best for our city, but as I sit here tonight I can sincerely tell
you that what I am the proudest'~f is that despite our strong
disagreements on issues we did not hold grudges very long. We
argued and m'ade up. We took. our issues seriously. but trJed not to
take'ourselves too seriously and we really are friends. ':Guys, I
,may not always agree with you, but: I will mi.ss you.
Councilmember. Bell stated that like Beth Ann, he would miss each
and everyone ow CounCil. I have ,thoroughly enjoyed working with
each of you. Saturday, standing at the polls all day, I felt like
a similar feeling I had when iI'was young when occasionally I would
get a spank'ing forsomething;'my two sisters did. I think this
Council, made some tough choices, we 'stuck together" we 1 ived
,.through them. . I am proud 'of what we have accompli shed al1d I am
'looking forward to working with the' new, City Council. I am going
to miss each and everyone of you.
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Councilmember Schwartzelsaid that first and foremost he wanted to
thank staff, particularly the City Manager, as they are -the ones
that really make this: city' run and we sit here an argue :about
. th'ings that:may:be ,pretty meaningless, but the members of staff
are in the trenche's every day and 'put up wi th &11 the comp 1 a i nts
because only one in a hundred get to, Council. ; So I thank them for
their friendship' and for putting up with my antics over the last
four years. It has' been a pr:ivilegeto work with Mike and Beth
Ann and Bu'ddy and H.L.,: particularly Mike and, Beth Ant1:, for four
yea:rs.I have enjoyed it and 'I hav.e learned a lot, and I apologize
to you an'danyone else if I have hu'rt feelings i nmy eagerness to
be fun and sar~astic.. But I havB had a great time and I wish the
very best to all of you, to staff, and the new Council.
Ma:yorParks commented it had been a pleasure to have been the
Mayor for the last four'ye'ars. . I had occasion tO,be cleaning out
,some 'thi ngsand I noticed a brochure, it, was Long Range Pl an done
back in 1-977'and 1979', and the' goal of that plan back more than
ten years ago was to redo our water and sewer lines. I thought
: how fitting it is that ten years later if we did not get a crack
at doing it. We finally stepped to the line and ~ot it done.
Beth Ann covered the pretty parts of it and I will hit some of the
gritty parts of it. Taking 'on the subsidence'district meant over
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Regular City Council Meeting, May 8, 1989 '
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a milHori dollars to our coffers; ;-t mearit' having control, over our
own destiny in terms of -water"arid sewer and how the' water is . .
treated and what it means to us in terms of dollars. We-will
recover what we spent on it-in six months to one year. The zoning
ordinance had been put on,the hooks: i'n 1938~ It was -1989 'exactly
fifty years later that we'gc5tft reV';-sed; :Butitwasnotthis
Council,- it was citizens who spent every Thursday riight fighting
over every word, going up one side and down the other trying to
work out a compromise. If th-ere i's onetM!l,gn,t~at I hav'e enjoyed
about this C'ounci'l ,we do' not 'always agree,a:nd Beth Ann is right,
but 'thi s Council hasconie ,away'as the 1 oyal, oppos.i ti'on .,In fact
the matter is, we tried to agree on how we were go,ingto:disagree
and when we agree, we had that as a position. My wish for the new
Council coming on, is that no matter from what perspective you
come from, that you will honorthe:concept of loyal opposition,
which means you support, you disagree, and you vote your
conscience, but when it is over, you are still part of the team
and you respect the integrity of the team as you press forward. I
guess bottom line, if you 'rook~:t,tb,e numbers', the,re are as many
folks out there who did notwantyoll"on CouncH as there are those
who did. And so, part of what you have to remember is when you
are sitting here is that you,ar~"r~presenting those who did not
want you and representing those who did want you. And that none
of you, in our case ahd probabljmariy of the CouncilS that have
gone before, had any kind of'm~gnificent~andate that makes you
clairvoyant and invisible and infallible. So as you. set through
the next two years, and the many nights, which: I know each of you
will put' in and 'the' time'.reading, work as a team, ;ti'en'lember you are
here fororie'thing; and one th1hg'only,andthatis to serve the
city at1dwhenit is' over you: go to the shower~ to 'the locker.
Boone .and I wi 11 watch footba 11 games on Mondayni ghts, and that
har been~ the: 'extent 6f-;:t~"I' But: know that',.Y-ou had a good tour of
duty , that you were a iini t 'and youAiJerein thehe to ach i eve the
bes t for the city as you saw and' as, you' hea rdi 'brought ,to you. It
is wfth a great deal of' p1e-asure;that' tonight we have the
opportunity toswea:r in a:fi n'e Cbunci'l; and we look forward to
hearing wonderful an6gteat 'thing~. · We hope thelist'we. did
tonight is just the ope'ning shot for' what you, guys'-read when we
come back two years from now.
At this time, i-f ttle new CityCounc,il will come for.ward, we will
~dminister the official oath of office.
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INSTALLATION OF NEW CITY COUNCIU',MEMBERS: The Honorable Eric ..
Andell, Presiding Judge of the '315thDistrict Court of Harris
,'County,. administered, '1;heOath ',of' Offi'ce to, Laura C.- Hi gl ey, as
:Mayor,-and 'Buddy Bell, J'im J.enki-ns" J-anet 'I::. Redeker and ,Bill
Watson, as Counci 1 members ~ " , '. "
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Michael Park's passed the gavel to Mayor Hig'leyandthe;n,ew City
Council was, seated at the cou'ncil table.'
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Regular City 'Council Meeting, 'May,8,)989
. , MEETING CALLED TO'.ORDER: The' meeting, wa~ call ed to order wi th
, Mayor Higley presiding; Councilmembers Bell, Jenkins, Redeker and
· Watson present. .. , "
< ,INVOCATION: Mayor Hig'ley's SundaySchoo'l teacher an(i Eld'er at the
Fi'rst Pres'byteY'i an 'Church ,~eneMcKe lvey , delivered the '
i~vocation.. . '
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ELECTION' OF MAYOR PRO/rEM: ' Consideration was given to the, election
"of the Maj.or'P;ro 'Tem. Motion was made ;by Cp,l:Jncilmembe;r, Redeker,
';seconded'by Counci:lmember Watson, that Councilmember ,Bell be
elected ,Mayor Pro Tem;
, ,1
'Voting Aye: Mayor,Higley, Councilmembers Bell, Jenkins,
'Redeker, "Watson, '
. Voting No: None ,- ;, '.
Absent: 'flone'
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,1\L1THORIZINC'SICN.~.TURES .ON CH~CKS QR/'.WN ON DEPOSITORY: ConsidE!ration
was givento'Resoluti:on, Number 89-08, as :tollows: r '
. , .... .
RESOLUTION: NUMBER 89~08
i
WHEREAS~ a city election was held on the sixth day of
May, 1989, in the 'City of-West University Place, Texas, for
. the purpose of electing a'Mayoran6!,'four members of the
Ci ty Counci 1.; and . .' , , "
WHEREAS,' the votescast:-at the .election on May :6,':'
1989, . were canvassed by, members of the Ci ty . Counci 1,. on the
date of,"May 8, 1989, and it was, determined that Laura C.
Higley'had been duly elec,tediMayor and, that' Buddy B,ell"
James Alan Jenkins, 'Janet)L.iRedeker and William E. W.atson
had: been' duly-' e 1 etted ' Counctl members of the City of West
University Place, Texas,;, and, .
, WHEREAS, in' special ceremonies of the City Council
held at the West University Place Council Chambers on May
, ~'8, 1989, each of the above named persons were admi ni s tered
the Oath of Office~nd duly install~d to their respective
elected positions; and ' , ,
WHEREAS, upon proper ~otion and second, Councilmember
Buddy, Bell 'was' e'liected Mayor Pro Tem of th,e' City of West'
University Place, Texa;s,. .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WEST UNIVERSITY~:PLAC[, TEXAS: .
;' Sectionl. That Mayor"Higley and Mayor ProTem Buddy'
Bell be, and they are hereby; designated and,authorized.to
~ign or countersfgn thecksdrawn nn all banks or financi~l
institutions serving as depository for funds of the City of
West University Place, Texas, and any banks or financial
institutions which may be hereafter designated as
depository of city funds during the term of their office.
Section 2. Be it further resolved that the City
Treasurer be, and she is hereby directed, to furnish each
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Regular City Council Meeting, May 8, 1989
195
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depository bank or financial institution with which the
city has funds on deposit, or with.which the city may
transact any banking business, a true and correct'copy of
this Resolution., '
Section 4. All resolutions and parts of resolutions
in conflict herewith are hereby repealed to the ext.ent'of
the conflict only. '
Section 5;; If any word, phrase,; clause, sentence,
paragraph, section or other part of this resolution or the
appl icationthereof to any per~on,oY:' c;:,ircumsta,nce, shall
ever be held to be invalid orunconstitut.ional by any court
of competent jurisdiction, the remail1ger of this resolution
and the application of such word, phrase, clause, sentence,
paragraph, sectiOr:Lor' othe.rpa'rt of this resolution to any
other persons or circumstances shall not be affected
thereby.
Secti on 6. The Gi tyCouncll officially finds,
determines and declares that. a,. sufficient written notice of
the date, hour,placeand,subject. oJ each meeti'ng at which
thisresolutiotLwas discussed, considere,d or acted upon was
given in the mannerrequi red 'by. the Open Meetil'lgs, Law, ,
lEX. REV~ CIV .STAl. ANN . art. 6,252-17 , as amended "
'and that each such,meet.ing,has been open to the public as
required by; law at all times duri-ngsuch. di scussion,
consideration and action.' TheiCity:Council ratifies,
approves and confi rms sllch' not,i ces and the contents and
posti ngthereof.
PASSEDANDAPPROVEDth'"s,8th, '~ay of May, 1989.
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Coundlmembers Voting Aye:
Council members Voting No :
Councilmembers
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.. .... Laura C. .HigJ ey, Mayor.,
'ATTEST:
Audrey Nichols
City Secretary
Approved as to Form:
James;L. Doughe,rty, Jr.
City Attorney
(SEAL)
Motion was made by Councilmemhen :!Bell"seconded ,by ,Counci lmember
Redeker, th~t Resolution;~umber 89-08;beadopted as presented.
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196 Regular City Council Meeting~ May'8, 1989"
Voting;Aye :"
Voting No::
Absent:
"Mayor Higley; Councilmembers Bell, Jenkins,
Rede~~r:; Watson
None
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COUNC I L COMMENTS:'
CouncilmemberJenkins thanked every body ,here and those out in the
public at large for the honor that,they gave me. I will have to
say it was ,ot)e of, the Mggest'honors I have ever received. I wore
out (l 'good pair: of :shoesin'the campaign and I know that'I will be
able toworl< very well with the rest of the Council and the
Mayor. Iamiflooking fotwatd;'to'a;ivery exciting two years . I
think'we wfllaccomplish'alot liild"'I'm,proudto be here. 'Thank
you. . .." :,.,; '; :.. ';"," ,.,;.",:"", " : ".
Councilmembe'r Redeker sai'd:li;am 'very proud to have been elected
as'a City C'ouhcil' person 'tepresenting";ourCity of West University
Pl a'ce. ' 'L want to' thank every:body for' your sllpportand al so for
all y6ur:ha:rd work~" Tth;-nk thewhol'e election was a superb
effort by ,the West'University Party and also by the opposition.
The number'~of people voling showed a strong interest in our city.
But it also"showed that' this' CQuncil'has'a' lot of work ;to do in
addressi'ng some'se'rious concernsbf our citizens. Thetelection
told me thatmanY,peopleHa're:YlOt ,happy; with the status quo and
they want a Council that will listen to'them and'addres's'itheir
concerns. I think you elected a strong and vtgorous group of
representatives who wi l,li sten :..to' you~L communi cat"e with you and
work to make our city better. However, we can not do this work
alone. We need your help. So I 'chall~nge you to,become involved
and to work on committees and to encourage your neighbors to get
involved. We are a city of homes and families, some of us are
young and some of us are not so young. Some of us are well-to-do
and some of us are not so well-to-do,. 'But we a 11 have one' thi ng
in common, we live in the best of all possible places to live and
that is West University PJ.a,ce. We were all smart enough to move
here and,so we' n~ed to take care of our city together. So I
pledge to do my bes t to serve you well and I ca II upon you to help
this Council to be the very best it can be. Thank you very, very
much for electing me.
'Councilinembet BeTl stated: J",like ~a.,net, feel like the election
was very informative for me. It gave me the opportunity to go
door to door and really hear what the people'have on their mind
and what they would like to see in our city government. I have
'severa 1 goa'l s that I woul d 1 i ke to conti nue to work on that was
started by the previous Council. I thoroughly enjoye:d'working
,with them, a great group of people. I c(in not wait to work with
this group. I commend 'our 'city staff.' There is,a'lways room for
improvement and I want'to work Just as hard with this group as I
did with the previous group and I am looking forward to it. I
think this is a great place to live and have no desire to go any
where else unless they put me six foot under. Thank you for
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Regular City Council Meeting, May 8, 1989:'
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glvlng me the vote of ~onfidence and I will try not to let you
down. I would like to see more of our residents be-like Mr.'
,Sutter and ta'ke',an active .role~tnour meetings., I hope we do a
real good job communicating some: of the decisions that we are
goihgto"mak'e up'here. rt is a'tough,job and ,sometimes it is a
lonely job. But I am, 100k.ing~'f6rward to it~ Thank you.
Counci lmember Wa,tson,commented:H ,watrat to thank those who took
part in the elective 'Process~', ltc:erta'inly 'is a rev.ealing thing.
I, too, sense that.,we have 'some stress in the: city. We are going
through a change ancrwe are:1.going,through a real" drastic change
for a city this small and one that has been here for the length of
time that it has been. But there was an English Monarch, I think
it was Charles the second that was supposed to have said: III am
against any change at:any.:,ti,me for any 'reason II .', ' It just does not
work. We know that we can ,not'do ,that" and sometimes while we have
a certain sympathy with that attitude, it cannot happen. But
what we can do is to make that cha:n.ge~a's"comfo,rtable and as less
aggravating as possible. And I th,i,nkthatwhile'West University
Pl ace 'i s",going"through this ,severe' change, in its' way of 1 i fe , that
what we have to do is to maintain, our "community'values,:maintain
the things that caused us to want to be here and, those of us who
have been here for so long, be glad that we are here. Make it as
easy as possible in this transition period. Kind of like
Solomon, when God asked him what he really wanted, he said
wisdom. I think that is what this Council is going to need a
whole lot of in the next two years and on after that. I thank you
for help,ingme becomi:{a city Councilmember.
Mayor Higley commented that with this group there was one thing
that was going to be hard and t~at was going, last because most
every thing will have been said. I appreciate the things the
members of Council have sa i d and the thoughts. T:n.ey'a r:'~ very
fine. I want to thank everyone out there and commend yo~ who
worked hard to get your candidates elected. It is a lot of hard
work and all of us are most appreciative of that work. I want to
commend the city for the fine turn out, as I understand, it is a
record turn out'and I think it speaks highly of our electorates
that they do care and they will get out and vote. Too often we
hear that we do not care any more and we do not vote. But we do
and I appreciate that. I thank the last City Council. Whereas we
are looking forward to going forward, we certainly have a very
fine record to build on and I want to thank you. I had the
privilege of working with some of you four to two years ago and it
was truly one of the finest privileges I ever had. You have done
a wonderful job. I am looking forward to working with this
Council. I think it is going to be exciting. I am looking
forward to working with the staff. I have often thought that this
is one of the real treasures we have in West University Place.
Finally, I simply thank you all for this very, very fine honor.
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Regular City Counci1 Meeting, May"8, 1989 '..
STAFF REPORT: '
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City.Manager, Richard"Rockenbaugh.; i:ntroduced,the City Secretary,
Audrey Nichols, the Director of , Administration, Donna Sims, Curtis .~
Cooper, Director of Operations, Terry Stevenson, our Fire,Chief
and, Ste.ve" Gri ffith, our Po li ce Chi.ef.
. In:the next.order of ,businessrMr. 'Rockenba'ughannounced,the first
workshop meeting :scheduled for,::-Mondayevenhlg, May 15, 'at 7:00
p.m. We will' be senrl'i'ng'out info'rmation'oli the meeting ~nd
various other items"th'at you'need toha.ve.
ADJOURNMENT:
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Mayor Higley announced that there would be a reception at the
Senior Wing of the Community Building and invited all to attend.
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With no further business to come before Council at this time,
motion was made by COlmcflmember Bell ,seconded by' Councilmember
. Jenkins, that the meeting adjourn.Suchmoti-oncarried and the
meeting; adjourned'at~:23p.m.
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Michael L'iParks
Mayor
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AudreyNi hoTs . ','
City Secretary
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CITY COUNCIL WORKSHOP.' SESSION
MAY 15, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
!., 7: 00 P. M .
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City Council convened in workshop'sessiOri in the Municipal Bui'lding,
:3800 University 'Boulevard;' intlie C-ity,:of West University';,Place, on
Monday, May 15,>1989,'with the following membersc,present:c Mayor
Higley, presiding; CouncilmembersBell; Jenkins; Redeker and Watson..
Also present were,the City Manager, ,City Secretary, 'City Attorney and
the Director of Operations.
HEARING OF RESIDENTS:
, Robert Sutter commented that after nearing about the elections
, in Panama, he was very thankful for our .e,iectoral proce$s in this
country. ' . '
DISCUSSION OF ISSUES BY MAYOR:
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Mayor Higley reviewed ,the proposed, processes and pro:cedures she
requested be followed over 'the 'next: two. years. She stressed
efficiency to accomplishigoals and',;tems for action. Generally
the second and fourth Mondays are set aside for regular meetings.
Thursdays before the regular meeting would be scheduled for
workshop' sessions. ,If':i1ecessary Council may ,need to consider
holding additional wo.r.kshopse.ssions' on ,the same nights as regular
meeti ngs, but that, woul d :be' decided: 1 ater. The ;,fi rs t isi x months
are usually busywith~ int:erv'iewing volunteers for board$ and
committees after which it will be time to enter into the budgetary
process. ',\ :)', :i" "
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West University' Place--has,a Counti'J:..Manager -form Ofi government.
City ,CouncH' serves'asa:cha,nds;on ~boa'rd of d'i\'?ectar.s and works
through' the' City , Mari'ager'., . Mayor; Higley ,suggest.ed if a member of
Counci 1 had concerns, to bri ng them to council me~ti ngs. " However,
if they were pressing issues, to contact the City Manager. This
would, be 'the most 'efficient method for getting, things done.
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Generally, to'hol'd the.bHls down; the, people,who,make calls to
the cityattorney':a're',the:mayor, .may.or pro ,tem, 'city manager and
the city 'secretary:'and ,the"di.rectori:of oper,atior:ls,,:, .
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In deali'ng with eildj othe'r,.I have found that if you embarrass
people or address one~another angrily in public, it is
self-defeating.' Mayori'Higley suggested it would"bebetter if City
Counci 1 works through di sagreements in workshop ,.mee~i ngs, to try to
come to a consensus, a compromise, or agree to disagree. Workshop
meetings begin at 7:00'p~m.,'andregu]ar~meetingsGonvene at 7:30
p.m. " .. " ',:' '
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There was some discussion as to whether Coun<;:il'iwould ,want to
consider changing the time of regular meetings to 7:00 p.m. It
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City Council Workshop Session, May 15, 1989
was agreed to place this on the agenda for consideration during
the next regular meeting. .,
Councilmember Jenkins questioned if there was a way to get the
agendas pub 1 i s,hed in the 1 oca l' ne~s papers.
Mayor' Hi gl ey thought:' the' draft, of the agendas were avail ab 1 e.' on
Thursday nights before"the regwlar meeting" however, they were not
finalized.' The; Open Meetings Act restricted,Council actions- and
discussions;'to what"was posted:'on theiagenda al1d it was important
to not firialize theagend~~until tha latest possible time.
Agendas, by law, must be posted 72 hours before the time of the
meeting which does not give the newspapers time to get the agendas
printed.
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Councilmember Bel~ agreed that'the members of Council should do
most of their discussion in~workshop and do very little during
council meetings. He thought protocol dictated that
Councilmembers forward their agenda items and concerns to the city
manager.
Councilmember Redeker;was interestedinr'eporting to the
newspapers what was decided and what was done at the meetings. It
was suggested th-iit perhaps that might be an ass i gnment for one of
, ~ '; 'the committees. .
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The city attorney advised that 'workshop ~gendas would have items
for discussion only, for'which CounCil, could take no' formal
action. However, if im Hem is listed as a consider item, then
Council had the authority :totake action.
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PRESENTATION BY CITY ATTORNEY ON VARIOUS ISSUES: Jim Dougherty,
City Attorney, gave an overview of how cities operate and
explained aspects of thec:,home rule city. He pointed out that a
. home rule ,city is restr'icted'by the Constitution of the United
States,' federal law, the State Constitution and our local city
charter~
The City Counc i 1 must, in accordaricewi th t'he Open Mee'ti ngs Act,
meet as a body in public forum and take action as a body in a
meeting. The City Colincilspeaks through its minutes. Action is
taken in the form of 'moti ons, reso'l uti ons and ordi nances. The
Open MeetJngs Act requires 'Z2hounsposting before the meeting
except for a two-hour requirement for emergency items. Closed
executive sessions, f~omwhich the public is excluded, are
authorized wider the Open Meetings"Act, but this authority is very'
, limited 'and needs to be strictly adhered to. Other procedures
were reviewed.
Mr. 'Doligherty urged Council to,become familiar with the nepotism
law, the Open Meetings Act and the Open Records Act. He
distributed information to Council relating to these legal
requirements.
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City Council Workshop Session, May'15, 1989
201
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DISCUSS AND CONSIDER THE KIRBY:DRIVE:NIGHTCLUB ISSUE: , Mr. > .
Dougherty suggested,this,Countil might want to consider reviewing
the city's noise ordinance to prov'ide more restr.ictive language in
the future.,,'However,'in order.'to.'try to-provide some relief for
:the residents 1 iving'~on Kirby.,Dl1,ive across from the Fast and
Cool Club, a draft letter addressed to County',Attorney Michael
Driscoll was distributed and discussed. A few minor corrections
. were made. .. \
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Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that the 1 etter be typed: on city 1 etterhead: land. mailed to
the county attorney.
Voting Aye:
Voting No:
Absent:
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,', Mayor Higley',;CQuncilmenibe.rs
, Redeker, Watson'
None' in:,'
None
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Bell, Jenkins,
It was the consensus of Council to send copies of the letter to
Neal KennedY, 6126 KirbY, ,Kent~Sm,ith, with the University,:
'Village A'ssodatlon and to.,the' owne,r of the' Fast :a:nd: Cool Cl ub.
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DISCUSS PROCEDURES FOR BOARDS/COMMITTEE INfERVIEWS:,
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Richard Rockenbaugh discussed the process for inter~iews of
, Volunte'ers for:'boards, ahd committees., After discuss'ion" ,it was
'agreed'that the current cha i:rpers(;)I;s', be contacted for a report of
their acco'mplishments duri'r.rg their: t'e,rm and':for,suggestions of
goal s andobj eeti ves" fori the: next~ commi ttee.' fj A ques.ti onn,a ire was
to be mail ed to those vol unteers now: servi ng~~to determi n~; if they
were willing to remain on their respective commi~tee~ Cjty
Council would publish,:inith'e ,Crty, Currents for intereste9:
residents to nilike:appl iciltton-::to s,e'rve~: The deadltne for
receiving these appl ications was set for June.:30""and interviews
would begi~ shortly thereafter.
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DISCUSSION OF ISSUES BY COUNCILMEMBERS: Mayor Higley invited each
'Cdll ne il member' to'li st issues: 'they. be~ame awa'reof.:. ,.wh i 1 e
campaigning. . '" .', ". '
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Councilme~b~r ~,~l~;'S list consi,~te,d..of the fQllowing:
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1.:' Better Communi cat iro'n s " .
2.' Recycl i n'g:' suggested, 'a stronger' pro'gram and. perhaps .,
;~ mandatory recycling
3. Kirby Drive: review the single family area on Kirby Drive
throu'gh Zon;-ri~rand Pta:nntn.g 'C:ommiss,i'on -.for 'pos.s'ible ':rezoning
"'::l'i with c'ar'eful, :s'creen'i'ng'atldcareful ~controls ''-...' .
4., " Community Drive:."to:review throtJ,gh the: Zoni.ng ,and Planning
"Coiiimiss i on for.' ;poss:ib let 'towrihous,e '.cons.tr;uct i on wi th zero lot
line on front and buffer on the.backwith garages
5. Strengthen the code enforcement with authority to issue
citations be given to certain inspection officers to help rid
the city of houses that are health hazards
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i r,.," 202 City Council Workshop Sessi,on,May 15,1989
, j
6 . Totally change, City Cur:rerits, .
': '';k~ City Coun'dl,toriieet witli','<ilT'department heads'l'
'8,.,' ,Review basketbalLgoals in the parks " .
-9~~~ Suggested'agendasand:minutes Of the Zoning and Planning
;:,Coll1ll1ission and the Zoning 'Board 'of"Adjustment meetings be
; made a~ailable to Council~ ' :
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Councilmember Watson's list was mostly covered by Councilmember
Bell, but,he provided additional items, as follows:
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1.'.1 ,U'rge r.esidents to.use'Pooper Scoopers when walking ,their
dogs
2. Talk to Warner Cable to try to get Nashville Now channel back
" ,in -West Univers.it:y:;Place. 'The City Manager advised
Councilmember Watson that th.eNashville channel was out
temporarily and would be available again-to the residents.
Counci~member Redeker listed the !ollowing issues:
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1. Concern over.seniorsand:the tax"rate. She"was aW,are of a
>booklet about ';,nnovative,ways to deal w,ith tax problem and
seniors. She would like to investigate the booklet for use
with the"seniors'~~. ; "/"" ,:"._~:' ." "
2. Code enforcement aealing with hazardous buildings and high
grass
3. i Trash on 'Buffalo.. One' ;ha 1 f iof the street is pi cked up on one
'day and the other ha:l f'Jsr ,sthedul ed for another- pi ck up day.
Cons'equently, Buffalo. a lway:s:,Tooks IItrashyll.
'-4. .' Review, of,pool operathms'iind;;use by.outside residents
5. -'Cu'rbs and 'g'utters ' '"
,; 6. Dogs , ,,' '-
1. Review on-s~treet:,parki!ng problems ':
8. Investigate'reports that staff is not' as resPQnsive as they
might',be
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Councilmember Jenkins presented the following items:
1. Investigate the possibility of i,nstiill irig' IINo' Parkjngll signs
along Edloe by the elementary school to make it a
designated loading and unloading area to drop off and pick up
chi'ldren '; , . ;
2. Review city service response time in the operations division
3. Suggested a complaint/suggestions ,card ,on water bilt
4. Improve the: recycl ing program or get rid of ,it. Use revenues
from recycling for parks and,suggested the city match the
funds.,' ,,; . ._.
5.' Suggested the street s,weeper be used more often
6. Enforce Dui'ldin'g code and add requirements., He suggested
,i'builders be requl'ired to;hav,e their,plans,'postedl at.the
'ebuilding s'ites ;'a'nd to'make'thisinformation available to
;: r'l'earbyresi dents. '
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City Council Workshop Sessioti"May}15, 19B9 "
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STAFF REPORT:
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Mayor Higley pres'entedTth:;~f~:l1~wiflg~'
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14.
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Suggested higher vi'Si'bi:lity of: p'o] ice patrol
Review the improvements to Westpark to determine what type
and how much traffi c thi s extens i on wi 11 put i n1;q the, ci,ty
Suggested a surcharge on builders
Trees ,':' " , ,
Recycling:")':, :~:j
'rry to rednce divis-ivenes's between :the olde'r residents and
the younger residents. ", () ),' ,",
Review staff at the swimming pool
Study the bike lane on University between the school and
Weslayan and possibly take it out.
Study of streets to determine weight load capacity and
perhaps restrict the size of trucks
Re$~arch pO~$ibilities for county assistance either with
money or equipment for certain projects
Study drainage from lots to determine ways to require more
restrictive language .
Investigate with Houston the possibility of cooperative
efforts to control traffic violations.on Ktrby at SU(lse-t,
Rice and University . ..' -,.',';',,'.,"'" ..
Concern about pot holes _
Senior Swingers Strings: to invite them to play for city
functions
Richard Rockenbaugh discussed Orientation Day and the tour of the
city. It was decided that Orientation Day would be Saturday, June
10.
The City Manager reviewed several general operational procedures.
He suggested that members of Council inform him before meeting
with department heads. He asked how Council wanted to handle
phone messages whether to call them at the office or home.
Councilmembers Bell and Watson were agreeable to receiving phone
calls either at their office or at home. Counc;lmembers Jenkins
and Redeker preferred residents be given their home phone. It was
further agreed that their mail. would be directed to 3800
University Blvd.
The Institute for Mayors, Councilmembers and Commission scheduled
for June 23-25, 1989 was discussed to determine how many on
Council would be able to attend.
COUNCIL COMMENTS: Councilmember Bell suggested the rock pile for
street operations be moved to another location. He also suggested
that the city keep the JMH sign when the building is demolished
and incorporate the sign in the design of the park to be located
on that site.
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204
City Council Workshop Sess;jotJ, f!1ayv)5,. 1989,;,":'
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Cou nci 1 member J en k ins :as ked" cib'out; the, th r.ee old, po 1 ice ca rs . Mr.
Rockenbaugh advised that the cars would be auctioned off, that
this was proven to' be'th,e bestililethod for the city.'"
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ADdQURNMENT%
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With no further business to come before Council at this time,
motion was made by Council member Bell, seconded by CouncjJmember
Jenkins, that the'meettng"adjourn,. . Such motion carried and the
meeting adjourned at 9:55 p.m.
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AuiiA-h~l~. .
City Secretary
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ell ;.
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Laura ,C.' Higley,.
Mayor
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205
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REGULARC.ITY COUNCIL MEETING
~:',MAY22, 1989
MUNICIPAL BUILDING
3800 UNfVERS ITY :BOU[EV ARD
7 : 30 'P". M'. j"
City Councll convened 'in regular ses'sion ,in the Municipal Building,
,3800 University Boulevard,';';'i! the City of West University Place, on
Monday, May' 22, 19899 with the following members prese'nt: :Mayor Higley,
presiding; Councllmeinbers Bell, Jenkins, Redeker and Watson. Also
present were the City Manager, City Attorney, Director of Operation and
Director of AdrtJini'stration. Mayor Higley'delivered the'invocation and
1 ed the A 1 Tegi'anc'e to ,theFl ag.
. . -" . . .,' ~
HEARING OF RESIDENTS: Mayor Higley invited residents to speak who
had matters they wished to bring to the attention of the City
Council which ~ad not previous:ly been submitted to the City
Manager..'."',:",,;'
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There were none ~resent who ~ished to speak.
CITIZENS RESPONSE TO AGENDA ITEMS: ' ;MayorHigley 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. '
.,'; ....
DONATION TO FRIENDS OF WEST U PARKS: Brownie Troop 2009 with troop
,leader Charl<jtte Banham 'p'res:e:nted: Mayor,lTIigley:; with a donati on of
$150.00 to :the' Fri en'ds" of! West, tJ; Pa:rks'~' Russ i'Schulze, , '
chai,rman of' the P,a:rks" '& Re6reati on' 'B6a(rd, was :pr,esented ,the
donation' by Mayor::F1,igley.: ,Mr.:Schulze ex'pre.ssed:his, , ,
appreciation to Brownie Troop: 2009 by presenting each with a
Friends of West U Parks tee-shirt.
ORDINANCE RENEWING THE FRANCH'lSE'CURRENTLY.HELD BY WARNER CABLE
'COMMUNICAHON~ INC.: . MaYb'Y",Higq-ey,:jpresented o rd-i-nance" Numper~ 1342
for third and final reading and read the caption as follows:
'ORDINANCE,:NUMBER,1342
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ORDINANCE GRANTING TO WARNER CABLE COMMUNICATIONS~.lNC.ITS
SUCCESSORS AND ASSIGNS, THE RIGHT9 PRIVILEGE, AND FRANCHISE TO
ERECT, MAINTAIN,'ANO':OPERATE ACOMMUN'ITY ANJENNA TE\;,EVISION SYSTEM
IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS; TO ERECT, MAINTAIN,
AND OPERATE ITS POLES, TOWERS, ANCHORS, WIRES, CABLES, ELECTRONIC
CONDUCTORS, CONDUITS, MANHOLES, AND,OTHER STRUCTURES AND
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206 Regular City Council Meeting, May 22, 1989
APPURTENANCES IN,OVER~' UNDER, ALONG, AND ACROSS THE PRESENT AND
FUTURE PUBLIC STREETS,:HIGHWAYS~ ALLEYS, BRIDGES, EASEMENTS, AND
OTHER PUBLIC WAYS AND PLACES IN THE CITY; PROVIDING FOR AN
EFFECTIVE DATE AND TERM; PRESCRIBING :COMP.ENSATION FOR THE RIGHTS,
PRIVILEGES AND FRANCHISE,CONFERRED HEREUNDER; PRESCRIBING THE
CONDITIONS GOVERNING THE OPERATION OF THE BUSINESS INSOFAR AS IT
AFFECTS THE USE 'OF 'PUBLIC- PROPERTY FOR THE PURPOSE OF SUCH
BUSINESS; PRESCRIBING RULES AND REGULATIONS GENERALLY FOR THE
INSTALLATION, 'MAINTENANCE, AND OPERATION: ,OF SAIDSYSTrEM ,AND
BUSINESS;' PROVIDING A SUPERCEDING CLAUSE;, ,PROVIDING FOR' , ,
ACCEPTANCE BY THE COMPANY CONTAINING GENERAL 'PROVISIONS RELATING
TO THE GRANT OF THIS FRANCHISE; AND'. PROVIDING ,FOR SEVERABILITY'.
, Copi es 'of Ordi nance Number .1342; in the forl1J,required for
adoption, were available to all members, of City Council and a
reasonable number of additional copies available to interested
. 'citi zens present. . ,",,' "
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Motion was made byCouncilmember Redeker, .seconded by
Councilmember Bell, that Ordinance Number 1342 be accepted as
presented on third and final reading.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenklns,
Redeker, Watson
Voting No: None
Absent: None
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ORDtNANCE AMENDING THE FRANCHISE~;TO HOUSTON LIGHTING & POWER
G9.MPANY;Mayor Higley presented,Ord'inance 1343 for third but not
final reading and read the captiori~s.follows:
ORDINANCE NUMBER 1343
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AN ORDINANCE AMENDING'ORDINANt:E"NO. 733 OF THE ,CITY OF WEST
UNIVERSITY' PLACE, TEXAS,,'; WHICH ORDINANCE GRANTED A-FRANCHISE TO
HOUSTON LIGHTING &"POWER COMPANY.; INCREASING THE FRANCHISE FEE
PAYABLE TO THE CITY ONA'TEMPORARY BASIS; AND CONTAINING FINDINGS
AND PROVISIONS RELATIN.G TO THE SUBJECT. " .
Copies of Ordinance Number 1343, in the form required for
adoption, were available' to ,all lTiem.!:>ers of City Council and a
reasonable number of additional copies available to interested
citizens present.
Motion was made by :Counci 1 member B,ell, seconded by Councilmember
Redeker, that Ordinance Number 1343 be accepted on third but not
fimil reading.
Voting Aye: Mayor Higley, Councilmel1Jbers Bell, Jenkins,
Redeker, Watson ...., , , ~,
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Voting No: None
Regular City Council Meeting, May 22,'1989
',_,1 ;'\ \' 207
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Absent: None
APPOINTMENT OF HEALTH AUTHORITY: Consideration was given'to appoint
the Health Authority for the City. "
Mot i on was made' by Council membe,f,'" Redeker, seconded by
Councilmember Watson, that La,rry. K. Pickering, M.D. be appointed
as the Health Authority for the City. ,;' , '
Voting Aye: Mayor Hi gl ey, Councilmembers Be] 1',. Jenkins,
Redeker, Watson
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Voting No: None
Absent: None
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VEHICLE AUCTION: Conside~ation was given to authoriz~ public auction
of certain City vehicles:.,.. " " ,..
Councilmember Jenkins commented ,that he would like to know if
trade-in for these cars had ever been considered.
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Councilmember Bell responded that the City of West University
Place joined other cities in an effort to buy similar types of
vehicles at a reduced cost and he thought a trade-in would not be
acceptable. '~,c, . , ,
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City Ma:rfager Rockenbaugh advi sed 'tihat all speci a 1 equipment the
City put on the vehicles is taken off before'the auction. He also
commented that as we provide current maintenance records on our
vehicles , prices are -From two to three' hundred doll arsh i gher.
Motion was :made' 'by 'Counc1ilme!11ber JenkJns, 'seco.nd,edby ",
Councilmember Bell, that authorization be given to publ ic auction
of cer.fain city vehid es'~ "., I '
Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
Voting No: None
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'Absent:
None
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BROWNING STREET IMPROVEMENTS: Consideration was given to the final
invoice in'the amount'of-'$17,200.00 submitted by S.C.R.
Construction, Inc. for the improvements to Browning Street
including'Change Orde~ No~ ~I(construction of+the:traffic island
at the intersection of Judson and Bissonnet).
Motion was made by Councilmember Redeker, seconded by
Councilmember Watson that the invoice in the amount of $17,200.00
submitted by S.C~R. Construction,' Inc. be approved for payment.
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.. (~~.~: 208 Regular City Council Meeting';:May'22; 1989
Councilmember Jenkins stated that he had inspected the job and
felt that the job was not quite complete. There was sand that
hadn't been leveled,;,gYlass: bad not been planted and the permanent
barricade was gone. "'~: ~{
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City Manager'Rockenbaugh':cemmented,that the beautification of this
'area is not complete and that: Metr,o' will be helping with the
funding of this portion' of the project.
CouncilinemberJ~nkinsexpressed his' c()ncern as there are temporary
barricades up now in this"area. Counc.ilmember Bell advised there
will be no barricades as it will all be landscaping. City Manager
Rockenbaugh stated the street will be,signed and marked as law
requires.
Councilmember Jenkins advised that around the traffic island
...;.fi ll-i n, grass '1 S" needed as the' sand wi 11 was,h away witho,ut it.
Votin,g, Aye:
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Redeker, 'Watson' , ..
Voting No: None
Absent: . 'None '
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PARKS MASTER PLAN: Consideration was given to invoic~ No. 2in the
amount of $5,466.59 submitted by TapleyjLunow Architects for
architectural services rij"n 'connection: w.iththe development of the
Parks! Master~ Pl an .'.'.' ,.
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Motion was ma:deby CouncilmemberSell" seconded by Councilmember
Redeker, that the invoice of $5,466.59 submitted by
TapleyjLunow Architectsbe,approved'for payment.
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Voting Aye: Mayor Higley, C.ouncilmembers Bell, Jenkins,
Redeker, Watson
Voting ,No: None
Absent: None
:.
CITY COUNCIL MEETING MINUTES: Minutes of the City Council meetings
, "were pres~n~ed ~ ~ as follows:
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. .(a) City Council Regular',Session"May 8, 1989, and
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(b) City.Council' Workshop Session; May 15, 1989.
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Regular City Council Meeting, May 22,'1989
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Moti on was made by Counci 1 member Jenkins, seconded by
Councilmember Bell, that the minutes be'approved as submitted.
Voting Aye: 'Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson :'
Voting No: None
,Absent: None
COUNCIL COMMENTS; Counci]~ember Bell asked if the triangle area at
Weslayan and Stella Link could be improved. City Manager
Rockenbaugh advised that the city plans on taking care of this
area.
Councilmember Redeker expressed her concern over lawns not being
mowed and asked if people could be cited? City Manager
Rockenbaugh commented that when areas are rep6rted',ofhi gh grass
and weeds, the City has a process in wh ich the yards or vacant
lots are mowed.
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Councilmember Jenkins advised Council of several areas that needed
attention; 6330 Community, high weeds; 6432 Community, trash in
yard, 6448 Community, unsafe house; 6638 Community, unsafe house,
and 4235 Rice, sand in street from new construction.
Councilmember Jenkins asked if there is any ordinance to force
contractors to pick up dirt in streets in front of their
pr,ojects. Mayor Higley advised that there is an ordinance in
reference to this.
Councilmember Jenkins asked about the enforcement of the zoning
ordinance and suggested that a meeting be held with Wayne Perry
and find out the problems in his division. A weekly staff report
to be submitted with citations written for zoning violations was
suggested. Also suggested was a severe fine to be enacted for
homes placed in wrong location on lots, and that home builders be
required to distribute building formats to all adjacent property
owners.
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Mayor Higley stated the stack of letters complimenting the police
and fire departments were certainly appreciated. Also compliments
were extended to our city, staff, operations department on the
sewer construction and the repairing of the sewers. After all the
rain and flooding, there were no complaints in reference to
stopped sewers. She expressed her compliments stating it was
exciting to see the progress being made.
STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing
further for Council IS consideration at this time.
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. ',,: 210 Regular City Council Meeting;~May<22, 1989
ADJOURNMENT: With no further busiriess'to come before Council at this
time, motion was made by Councilmember Bell, seconded by
Councilmember Redeker that the regular session adjourn and
Council reconvene in workshop session. Such motion carried and
the regular, session adjourned at 8.:30 p.m.
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Lau.ra C. Hi gl ey
Mayor
Shell eyCha<ndl er
Assistant City Secretary
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CITY COUNCIL'WORKSj-iOP,SESSION
MONDAY., 'MAY' 2'2~1989 '
I ,'MUNICIPAL ,BUlt:DlN.G ,
3800 UNIVERSITY: BLVn.,.
7:00 P.M.
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City Council convened: in workshop session i:A', the Muni'cipal Bu,ilding,
3800 University:'Boule'lard,i'n the City ofWe:st UniVers'ityPlace, on
Monday, May 22, 1989~, with the fo11owing;members.':ptesent: ; Mayor Higley,
pres i ding; Count i 1 members B'e11, Jenk tns~' Redeker:and Watson.' Also
present were the City Manager, C'ity:-'Attorney;,{ Director 'of~.Operations
and Director of Administration.
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HEARING OF RESIDENTS
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There were none present who ~wished '~to speak.~,. "l
STAFF REPORT - AGENDA REVIEW
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Mayor Hi gl ey revi ewed ,the 'consent agenda pr-ocedures."
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Jim Dougherty reviewed the Houston,lighting &:Power Company
O~dinant~}andthe~Ordinante reviewing 'the franchise currently held
by 'Warner Cable Communications, 'Inc. .as these ordinances had been
handled bY'the pre\dous CounciL'
RECESS WORKSHOP
Motion made by Councilmember Bell, seconded by Councilmember
Watson thaethe Worksl:1op .be: rec'essed ofo,r' thereguJ ar CityrCounci 1
Meeting. '
Voting Aye: Mayor Higley, Council members Bell, Jenkins,
Redeker, Watson
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Voting No: None
~b~ent:', None;
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RECONVENE WORKSHOP '.
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At '8:35 p.m.~;Mayor Higley, reconvened the workshop sessi,on with the
fo llowi rig present: :Mayor 'Hi gley pre's:i d i n.g,' C.ouncJlmembers Be 11 ,
Jenkins; 'Redeker. and Watson. Staff members 'present were the
City Manager and Director of Operations.
DISCUSSION :OF CITIZENS COMMENTS'~:' nr." ''', :.'(;'>'''''''',,;;,
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Councilmember 'Jenk'ins suggeste'd'that i'ns:te:ad (i).f-;,having residents
register before the meeting to speak, he would like for them to be
';'able to'c6inli1etit'wheri'an agenda item i-s,b-r.ou~ht:~'l;l:R;blY' raising a
. : h'and, i de'ntffyln:g ,themse,l~e's',~a'nd 'then:'coinment 0.r1 the item;.
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l. ,; 212 City CounCil Workshop Session, May 22, 1989
Mayor Higley stiited;.her,preference was to have this item on the
top of the agenda sa ifpeo~le wanted to come, comment and leave
they could do so.Commentsfrorn ~esidents are welcomed but not to
have a town meeting typ~.format.
DISCUSS PRESS RELEA~E? OF..,COUNCIL M~ETIN~S
Councilmemoer;, 'Red'e'ker s'uggested tha:t at the end of the meeti ng a
sunm\ii:ry 'should~be,don'eby the' council or,mayor stating ,what h,ad
beenaccompl i'shed:i,n th~meeting and t~en, reported to THE TEXAN
and VILLAGE; LIFEuis<ing' laymen{.language. Councilmember Redeker
wilY,do.th'epress' release"for: the May 22, 1989 meeting.
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DISCUSS AND CONSIDER TIME CHANGE FOR COUNCIL MEETINGS
After discussion it' was determined that as the time change is not
a high priorityJ council 'meetings would remain at:7:30 ~p.m.
DISCUSSION OF INFORMATION REFERRAL FORM
City Manager, Rockenbaugh showed various forms that could be used
for concerns or questions from the Council. Consensus was that
the form:would be an~effectjve way.to,Qhannel information needed
from the~council to staff.>Completed\r.eferral forms would go to
eachtouncilmember for. information purposes. Suggestion was
made that the form be 8 1/211 xUII in s-i-ze and simple in style
with question and response being side by side.
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COUNCIL COMMENTS
--Thefollowjhg i-temswere suggested for June 8th agenda.
- In reference to tall weeds a report be made on the health
and sanitation process.:
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- Wayne Perry be interviewed in reference to the chief problems
in his division.
- Procedure for changing requirements for builders~ Can it be a
matter of policy or must the amendment be changed? Suggested
that Jim Dougherty be contacted in reference to this.
- The city manager to bring a report on the Health Inspector;
procedure';'of' his duties, priority ,list and process ,in which
thingsare,.to be accomplished based upon the City's current
ordinance.
Councilmember Jenkins stated his, ,concern in J'efe.rence to the total
fines and forfeitures shown on the staff report as they were not
in .pr:oport,i on to the tota 1 projected for, yearend. , .
Mr. Rocke'nbaugh'ex'plained that it has been a matter of pr,iorities
with burglary problems the City, has been experiencing. Four new
officers have been employed making the department only one short
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City Council Workshop Session, May 22, 1989
213
of being full staff. Thesenew6fficers will be concentrating on
traffic enforcement~! Revehues:willbe picking up although
projected amount will!rJotbe reached.
Mayor Hi gl ey commente(:L about: the dra i nageprob 1 em reported in the
staff report reference one of our senior citizens and asked if
something could <not be done about this specific problem: and other
problems similar to it.
Director of Operations, Curtis Cooper, responded that the City
under the old zoning ordinance d.id;not address site drainage.
Under the new zoning ordinance~ drainage provisions can be
enforced on the new homes.
Mayor Higley expressed her appreciation to City Manager
Rockenbaugh for h-is timely re$ponse to 'her list of inquires.
Mayor Higley statedthat"she would use Robert Rules of Order to
conduct the,meeti ngs:: Items tha t need to be placed on the agenda
will be brought to 'the attention 'of Mr. Rockenbaugh or Mayor
Higley.
ADJOURNMENT
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With no 'further business ,to come before Council at this time,
Mayor Higley declaredthe;'workshop session adjourned at 10:15 p.m.
Laura: C.
Mayor
Shelley Chandler
AssTstant Ci ty Secretary
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CITY COUNCIL WORKSH0P SESSION'
. THURSDAY, JUNE \8, 1989
.MUNICIPAL BU1LDING
3800 UNIVERSITY BLVD.
7 : 00: P'. M .
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"City Counci,l convened in workshop session in the.City Hall Conference
Room, 3800 University Boulevard, in the City of West University Place,
on Thursday, June 8, 1989, with the following members present: Mayor
Higley;'presiding~; Councilmel1lbers Bell', Jenkins and Watson.
Councilmember RedekerLarrived:~at 7.:.e8.p.m~ ;;Also present were the City
Manager, City Secretary, City Attorney and the Director of Operations.
HEARING OF RESIDENTS: There were none present who wished to speak.
PRESENTAHONBY PARKS. BOARD MEMRER5, ..'
'Russ~+ Schul'Ze, Chairman, of-' the ,Parks, Board, began the
presentation: by reporting, on background-- information concerning the
current board' membe,rs~ most' of whom have been .,on the board for
, four years and provided good continuity. The need for a parks
plan study was taken on by the Parks Board because of the changes
in the demographics of the city.
Mr. Schulze ;reviewed, proposed. gO,als. fo,r. ,1989 which included
,expandi ng the Parks Board from e 1 eVen'! members to fi fteen;
establishing a separate Board for the Friends of, West University
Parks Fund; implementing the green space fee; and completing,
reviewing and implementing the Tapley-Lunow Parks Planning Study
recommendations. He further recommended that the Board be divided
into subcommittees for (1) city park ,operations, (2)
beautification" (3) parks communications, (4) playground
improvements and (5)oTapley-Lunow implementation.
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Currently the Parks Board serves as the Friends of West U Parks
Board, but Mr. Schu 1 ze recommended the Fri ends Board be <
separated. Mr. Schulze explained the'difference irithe boards,
that the Friends of West University Parks Board, is a non-pr.ofit,
501C tax-exempt organization, and suggested the Friends Board be
elevated to function as a long range planning board with long term
goals.
He explained the green space fee would be charged on new
construction and on additions of living space to a home. It would
not be charged on renovations to exi'sting space. Twenty cents per
gross square feet of new living space was proposed, to be paid
when application is made for a building permit. The green space
fee would require Council approval. Mr. Schulze suggested that
the interest earned on the Friends Fund go to the Parks Fund.
Currently, it goes to the City's General Fund.
Councilmember Redeker asked who maintains the Friends of West U
Parks fund account and was informed that the City's finance
division maintains the records.
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City Council Workshop Session, June 8, 1989
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215
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Mr. Schulze suggested the separate Friends of IWest University
Parks Board cons i st of 12 members (p;l us the Director of
Operations) and that City Council appoint nine members for 3 year
terms, as follows:
Sou rce: :
Parks Board
Parks Board
Citizens
Citizens
Citizens
Citizens
.. Term
1989-:-90
1989 - 91
1989 - 91
1989 - 92
1990 - 93
19.91 - 94.
Years ,
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2
'3
3
3."
Responsibilities of the Board would include fund ralslng, park
land acquisition and development"inter~governmental park liaison
including county and o.ther dties, and~'special, projects such as
YMCA 1 i a i son. '" ' ,
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Dave Agerton presented information on where the Parks Panel
was and what ,they proposed. He presented1a multi.-focused plan
of development;, vision and citizen involvement. He'suggested the
n.eed to get the parks master planfir,st and to ci:rcu,late a parks
. survey to the citizenry. He hoped to complete the survey this
year and review the concepts from it .with,Tapley-Lunow and with
Council. Implementation would consist of organi2ing and setting
goa]s, generating cooperation;<build s.trategie~to,buy land and
short: range projects. .
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Councilmember Jenkins inquired as to,.,the statusi:Qf the,
Tapley-Lunow study ,and when; Co,uncil could, expect ,a .r.eport,. Mr.
Agerton suggested mid September.
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Councilmember Bell commented he;was':on theJ"Council th:at ~uthorized
the contract with Tapley-Lunow and that'Council looked at the
expense as an. investment. 'for,ithe city. 'Helpersonally had
accompanied Mr. Tapley onone'\of ,his<initial visits ,and was
impressed with Mr. Tapley.s thoroughness and expertise.
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Mr. Schulze stated that the City needed:a plan to:havesQmething
to present to the people in order to promote don.artJi ons .',. .
DISCUS,S AND CONS I DER: :REQUEST F.ROM" HOUSTON .,INDEPENDENJ ' SCHOOL >AD I STR I CT
REPRESENTATIVES RELATIVE ,lOWEST: UNIVERSITY:E;lEMENTARY, .sCH.O,ot.)
Ann Patterson, principal of West University Elementary School,
introduced Bob Lucas and his:assis:tant, Randy: W;..ll i,ams ,from the
Houston ,I)ndependent School Di s,tri:dt .,,,:
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'Ms. Patte'rson asked that ;Councilconsi,der gr.antingpermission to
the school ,district .to move three por,tabl,e buildings on to the
school property. . She, reported enrollment ,was ,at 1100 ~,4udents and
the three buildings would help bring the school in compliance with
the State requirements. She anticipated that within three years,
the bujldings would no longer be needed. By that time, HISD
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216 City Council Workshop Session, June 8,1989'-,
'planned to~have another school constructed in the area to
alleviateth~ overcrowding
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Mr. Lucas reported the school district was'p~oposing to move
three buildings in but realized there was a problem with an
existing city ordinance prohibiting moving buildings into the
city~
Councilmember Jenkins asked Mr. Lucas if he had inspected the
temporary buildings now in place on the school grounds. Water was
continuously standing under the buildings and it looked as if the
ground was not prepared correctly. There is a lot of trash around
the buildings. He suggested Mr. Lucas inspect the grounds.
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.. Mayor Higley, inquired why the problem was presented as an
,emergency if the :s,chool district, was aware of. the problem for some
time. Why was the district asking Council to,'act within the next
month.
Mr. Lucas responded he was not aware of the ordinance
prohibiting moving the buildings into the City. He agreed the
sch'Ool district ,should have requested permission earlier.
However, the ,school district needed to have the buildings ready by
the middle of A~gust. "I '
Mayor Higley 'as'ked if the buildings:"would be. refurbished to look
like the ones that were built last yea'r. ,Mr. Lucas r'esponded
affirmatively. .Mayor Higley asked if the buildings were
constructed So they::are secure 'and safe' ,and Mr. Lucas assured
.her ,the .buildings would ,besoJ constructed.
Mr. Lucas explained that each building was 1536 square feet and
wou 1 d contain - two- c 1 ass'rooms.
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Councilmember,'He'''' asked if; the buildings cou.1d be moved into the
. City-without inj'urytothe trees.
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Mr. Lucas stated the school district had someone responsible for
, " any, damage and they checked the route so that type of damage does
not occtir;, .
'.- -Mayor Higley' asked the City~Attorney to 'explain the procedures to
amehd, the ordi nance /to:all ow the bu i 1 dings to be moved i.n.
City Attorney,' Jim Dougherty, explained that Section 7-100(c) of
the:Zoning Ordinance Hmits.the maximum density of construction on
a single building site~to rio'more than three acceSSQry buildings.
Section 10-100 coupled with the transitional rules for prior
nonconformities ('~PNCISII) would require that HISD add 3.33
parking spaces for ~each 1,000 square feet of gross floor area in
the new buildings. HISD would need to go before the Zoning
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City Council Workshop Session, June 8, 1989
, ,217
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Board ofAdju~tment (ZBA) and request variances on these two
issues. Also~ the school is located in the single-family
district. Public schools are allowed in this district if a
special exception is issued by the ZBA under Section 7-100(b).
The pre-existing fad lities p!,obablyhad prior nonconforming
status at one time, but thisllpNCII status is probably lost when
there isa facilityexpansi'on!The City could recommend that
HISDs~~k the specialexception'~iit the same time.they request a
variance on the accessory build.ings and parking matters. Another
problem is that the buildings would violate the provisions of
Section 6-3(e) of the Code relating to Build1ngs Regulations.
However, because HISD'can notcamply with; new state legislation
mandating that more classroo'ms'be bu,ilt, Council might consider
amendi ng Sect; on 6-3(e)., The foJl owi ngproposed amendment was
presented:
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, ADD THE FOLLOWING TO THE/END OF: SECTION 6-3(e): Thi s
subsection does not prohibit. theerec:tion,placement, use of
occupancy of a large portable building before
, 19 by a school district having the power
of eminent:domain, if all of the following circumstances are
present: (A) thechief,admihtstrative, officer of the
district has certifiedto,theCi:tythatsuch,;Quilding is
urgently necessary. for the dtstri ct to ,comply with
(insert citation to legislation causing the
need) and that the<distrtct; has determined that such building
wi 11 not' be needed beyond , 19 , (B) the
building is :locatedon an existing ,school site, and (C) no
more than square fee:tofgross, floor area are included
in portable buildings; large or small; on that site.
Gouncilmember' Jenkiins;suggested CounCiH' limit the number of years
the .bui ldi:ngs will be on/campus.
Mayor Higley concurred;a,ndrecon'lmended a three year limitation. At
the end ofthethreey~ars,: the school:di,strtct may comeback to
,Gouncilif they need an extension.
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Jim Dougherty suggested that if Council agreed to the three year
limitati on ,thatthe,ord;j;nance",be,wri tten to make the 1 imitati on
apply to the ,exis,tingbui'ldings.
Mayor Higley suggested Council limit the square footage of the
buildings $0 that they. do not cover: too much of the schopl
campus. After discussion, it was the consensus of Council that
the ordinance be written with the three year limitation, and limit
the squa~e footage of the ~ross flQor space to 12000 square feet
(including the existing temporary ,buildings). It was suggested
that the HISD be contactedto,seeif,these,requ.irements were
acceptab 1 e to the di stri ct. It was;, also determi. ned that the
amendment should state the requirement that HISD must comply
with the applicable provisions of the house moving ordinance and
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',' 218 City Council Workshop Session, June 8,1989
make application for a moving permit. Council further determined ~\
that the amendment would be Constdered at the regular council I
session scheduled for Monday, June 12, 1989, on an emergency basis.
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DISCUSS AND CONSIDER THE FOURTH AND FINAL READING OF ORDINANCE NUMBER
1343. AN ORDINANCE AMENDING ORDINANC.E. NO.733 OF THE CITY OF WEST
UNIVERSITY PLACE. TEXAS. WHICH ORDINANCE GRANTED A FRANCHISE TO HOUSTON
LIGHTING & POWERCOMPANY~ INCREASING ,THE FRANCHISE FEE PAYABLE TO THE
CITY ONA TEMPORARY BASIS~ AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
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Mayor Higley read, the capti,on. ' Cop,ies of Ordinance Number 1343,
in the 'form required for adoption, were available to an members
of City, Council and a reasonab.1e number of additional copies
available to interested citizens present.
Motion was made by Councilmember Bell, seconded by Councilmember
Jenkins, Ordinance 1343 bea~opt~d on the fourth and final reading
as presented.
Mayor Higley invited discussion. Councilmember Watson stated he
thought the money would be paid directly ~y HL&P and was not
aware 'Hwould come from the,;citizens. H.e was not in favor of
passing this %ee onto the citizens.
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Councilmember Jenkinsrespond.edthat HL&P did not collect the
. franchi se fee as they shoul d have and now they wi 11 go back and
collect what is due the City.. Without franchise fees, the City
. would have to raise property taxes.
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Councilmember Redeker questioned the attorney's fees that were
paid to negotiate the franchise amendment with HL&P. The City
Attorney replied the money,had already been expend~d last year.
Mayor Higley reported that HL&P had lobbied against the
amendment because apparently they .have a lot of expense to change
their billings and also they are,concerned other cities would also
ask for the franchise fees due them.
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City Manager, Richard Rockenbaugh"r.eviewedthe ,history of the
amendment explaining how HL&P inviited Council's action with a
letter written in the fall of 1987. '
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After further discussion, Mayor Higley.called for a vote to adopt
Ordinance Number 1343.'
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker,
Councilmember Watson
None
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City Council Workshop Session, June 8, 1989
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DISCUSS AND CONSIDER APPROPRIATION OF FUNDS FOR THE PURCHASE OF THE
JMH PROPERTY ,
Mr. Rockenbaugh asked that this item be deferred to Monday's
regular session. Initially the closing was scheduled for Friday,
June, 9, but it was rescheduled to Wednesday, June 14~'and staff
was not informed as to the exact amount of money involved at this
time. .
STAFF REPORT
The City' Manager distributed copies of the agenda for Monday's
meeting. After discussion, the agenda was accepted as presented.
Richard Rockenbaugh reported on the Fast and Cool Club. The City
received a copy of a letter to the club from the County Attorney
demanding the club to cease and desist the noise viola.t'ions.
Council asked that a copy of the letter be mailed t6 Mr. Kennedy
who brought the matter to their attention.
Mr. Rockenbaugh distributed orientation books for Saturday, June
10 and various other information requested by Council.
COUNCIL COMMENTS
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Councilmember Watson commented on procedures outlined for Council
inqulrles. After discussion, it was agreed to utilize inquiry
forms and funnel them through the City Manager.
Councilmember Jenkins commented he was interested in better
communication and ask that consideration be given to putting a
post card in the water bill addressed to Councilmembers for
complaints, comments, and sugge~tions. Richard Rockenbaugh
explained there might be a problem with the Cityls bulk rate
postage permit if the weight of the water bills was changed too
much. Councilmember Jenkins suggested the post card be made a
part of IICity Currentsll so that the citizens can cut off and mail
it in. It was agreed that Councilmember Jenkins would write up a
draft for the IICurrentsll.
Mayor Higley commented that the swimming pool staff was not as
responsive as they should be and perhaps the situation needed to
be looked into.
Councilmember Jenkins commented he was agreeable to Councilmember
Bellis suggestion that the City conduct a garage sale at the JMH
building and place the proceeds in the parks fund.
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: \' 220 City Council Workshop'Session,June :8, 1989 '
ADJOURNMENT, .'
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With no further business to come before Council at this time,
motion was made by Councilrnember J~nkins, seconded Oy
Counci]m~mber Redeker, that the workshop s,essjo,n adjourn., Such
motion 'carri.ed and the meeting adjourned at ,10:33 p.m.
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Mayor
QU~f@. ~d'
udrey N hols . -(
City Secretary,. '
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CITY COUNCIL WORKSHOP SESSION
MONDAY, JUNE 12, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:00 P.M.
City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, June 12, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Jenkins, Redeker .and Watson.
Councilmember Bell arrived at 6:10 p.m. Also. present were the City
Manager, City Secretary, City Attorney, the Chief of Police and the
Chief Building Inspector.,
HEARING OF RESIDENTS
There were none present who wished to speak.
WAYNE PERRY TO DISCUSS BUILDING INSPECTIONS OPERATION, PROBLEMS AND
PRIORITIES "
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Mayor Higley opened discussion and asked for questions and
comments from Council. . Wayne Perry reported on the number and
va 1 ue of i nspecti.ons p,erformed and permits issued by the
Inspections Division in 1987, 1988 and through May 1989. The
, fo llowi ng, was ,inc 1 uded in the report:
Year
1987
1988
Through May
'-I.
New Houses
185
210 ,
87,
Value
$1,014,400.00
$3,558,000.00
$1,561,000.00
$ 326,302.33
$ 375,335.64
$ ..158,750.92
1989
Total fees for 1987
Total fees for 1988
Through May 1989
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, Counci:lmember Bell came ;in at this ;point.
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Mr. Perry stated the department was short one person and that was
the Assistant Building Official. The Health In~p'ector began work
approximately two weeks ago. The Code Enforcement Officer has
. beenwi.tLthe City about ,three months. There i san employee from
the Fire Department who will be assigned to interpretation of the
Fire Code and Health Code, but all the details are not worked out
at this time. "
The City Manager explained that the Fire Department personnel will
become more of a building inspector than a fire inspector.
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Mayor Higley, commented the, Inspection Division was short a person
and a half.
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" 222 City Council Workshop Session, June 12, 1989
Councilmember Redeker asked if'the permits are down in 1989, did
Mr. Perry think the division would be all right with one and half
people.
Mr. Perry responded that the divi,sion would be able to operate if
the Fire Department person gets where he can work with the
Inspections Division especially in the commercial area.
Councilmember Bell asked if the Code Enforcement Officer would
work exclusively on code enforcement. Mr. Perry replied it would
most l.ikely be a combination.
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Councilmember Bell asked if a building official could look at a
house and determine that it is a hazardous building. Mr. Perry
replied it depended on certain conditions but there were
circumstances where it was possible.
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Councilmember Bell asked if the City had any liability for tearing
down a building that the City determined to be a hazardous
building. The City Attorney responded that if the City 'tears down
without the owner's knowledge, there could be some involved.
Councilmember Watson asked what part of the Inspection Divisionis
expenses was covered by the permits. Mr. Perry replied: 100%.
Mayor Higley asked if that covered prosecution and the City
Attorney's legal fees. Mr. Perry responded it did not.
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Councilmember Watson asked what the policy was to handle
contractors or builders who required multiple inspections on one
project. ' Mr. Perry replied that the City has an additional
inspection fee for excessive inspections and a double permit fee
for those contractors who begin work without a permit.
Councilmember Jenkins asked if the Code Enforcement Officer's
primary duty would be to cite violators. Mr. Perry explained that
the City would look for corrective measures more than citing. It
would be helpful to be able to give a citation. Cleaning up
property is one area where staff could use citations for flagrant
violators.
Councilmember Bell asked what would Council have to do to give the
Building Official the 'authority to issue citations.
Councilmember Jenkins commented the problem comes in with the
letter from the contractors. The problem is the citizens read the
letter and yet they still see violations.
Jim Dougherty, City Attorney, advised that there is a range of
information policies and 'actions that the officer can take. He
reviewed the policies for consideration, as follows:
(1) Send a warning letter, file the complaint which is a
sworn document and filed in municipal court;
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City Council Workshop Session, June 12, 1989,
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(2) Notice issued in the field (could be a verbal warning
first) at the instant the officer sees the violation.
This .is not a summons or warrant ,so the violator could
~ not be punished for: fai,lureto show up in court. The
complaint would routinely be filed. At this point, the
Building Official could ask for a summons or warrant
issued from the, court~
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(3) IIPromise to Appearll type form.
(4) Immediate arrest.
Mr. Dougherty advised that. he would need to find the authority for
(3) and (4), but he felt it was ~~obable.Three and four would be
more expensive. City Council might consider'adopting something
that is basically inexpensive most of the time but have the
authority to do more stringent enforcement where necessary.
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Mayor Higley ,asked, what .if the officer fJles, acomp,laint in the
field arid the violator fails to appear in court. Mr. Dougherty
explained that a summons .or:warrant would be issued and that the
officer coul d issue a stop workcirder.: However, the consequences
might be quite large because it causes financial harm. It is far
safer to go the regular route. A stop: work order-may cost the
City 1 ega 1 fees. )
Mayor Higley asked if the City could still fine them even if a
violation is remedied after the fact. Mr. Dougherty responded
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Councilmember Redeker recommended a warning ,sign postecl by
Inspection personnel with so many hours to comply.
Councilmember B-elL"recommended 'the' notice bea warni'ng in the form
of a red tag.
Mayor Higley recommended; that Council author,izeJim Dougherty to
draft something along' the'li,nes, of a warning tag and provide for
further action such as the more direct IIpromise to appearll form,
and make it as tough as poss i b 1 e 1 ega lly. The.members of Counci 1
concurred.
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DISCUSS VEHICLE USE POLICY
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Councilmember Jenkins recommended tighter control on the use of
city vehicles outside the .Ci.ty~,He reported hearing of several
instances where City vehicles.wer.eoutside the ;City an~:L,he
questioned whether it was necessary.
After discussion, it was the 'consensus of Council to leave the
policy as. it ,is written.
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.~ ," 2,24 City Council Workshop' SessJon, June; 12,' 1989
RECESS.
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Mayor, Higley asked~'for a motion to recess the workshop session in
time for the regular City Council meeti:ng scheduled for 7:30 p.m.
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Motion'was made byCouncilmemberWatson, seconded by Councilmember
Bell, that the workshop session reCess. Such motion carried the
the meeting recessed at 7:27 p.m.
RECONVENE
Mayor Higley reconvened the workshop session at 8:37 p.m. with the
fo llowi ng me'mbe'rs present.:, Mayo~..Hi gl ey ,'.pres i ding,
. CoUncilmember~ Bell, Jenkjns~;Redeker, and Watson. Also present
was the City, Secretary. "
DISCUSS BOARD~ AND COMMITTEES I,
Mayor Hj'gl ey, rev'i'ewed the :j ntervi'ew process and made
recommendations for commHtees:. ,~Jhe various committees were
discussed: ai to pur.pose and goals for, the upcoming term. It was
suggested that the Recyc.1.ingComrnittee be two separate committees,
one of ch n dren to promote recyc1 i ng, in the schoo 1 sand
neighborhoods and one of adults to study long term goals.
Consideration was given to making the adult recycling committee
part of the Long Range Planning Committee. The members of Council
agreed. . '.,
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Councilmember Jenkins suggested that public notice of the various
board meetings be required. He further recommended that Council
receive minutes of'themeetings and the minutes reflect) attendance
records of their members. ',ltwas agreed to ~require members to
attend 75% of the meetings. City Council agreed the boards and
commi ttees shoul d report regul arly, to ,Council: on approximate ly 6
months intervals.
City Cou'ncil 'l"equested informafiori be:.Jsent as to how many
vacancies ther.e ,were on the ,v;a:ri ous commi t1;ees ~
COUNCIL COMMENTS
Councilmember Jenkins distributed a draft for the insert in IICity
Currentsll for citizen comments, suggestions and complaints. The
form was accepted by City Council. .
Councilmember Jenki.ns reported:oncode violations and information
received from the City Manager.,
STAFF REPORT
Staff had nothing further for considerationat:this time.
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City Council Workshop Session, June 12, 1989
225'
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ADJOURNMENT
There being no further business to come before Council at this
time, motion was made by Counci1melTlber Redeker, seconded by
Councilmember Bell, that the workshop session adjourn. Such
motion carried and the meeting adjourned at 9:30 p.m.
Lt111.bL
Audrey Nfc~ls e
City Secretary
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REGULAR CITY COUNCIL MEETING
MONDAY, JUNE 12, 1989
~UNdCIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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City Council convened in regular session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, June 12, 1989, with the following members present: Mayor
Higley, presiding; Counci.lmembers Bell, Jenkins, Redeker and Watson.
Also present were the City Manager, City Secretary, City Attorney,
Director of Administration, and the Chief of Police. Mayor Pro Tem
Bell delivered the invocation and led the Allegiance to the Flag.
HEARING OF RESTOENTS. Mayor 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.
Robert Tonetti, 6439 Westchester, expressed his concern with
an incident that took place a few weeks ago. His son was
returning home and was stopped by a police officer for speeding.
Mr. Tonetti felt the officer did not handle the situation
appropriately.
Mayor Higley thanked Mr. Tonetti for bringing the matter to
Counc;lls attention and referred the complaint to the Police Chief
for a complete report. Mr. Tonetti would be contacted after
Council had time to review the report.
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CITIZENS RESPONSE TO AGENDA ITEMS: Mayor 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 Jenkins
requested that Item No.8, Sanitary Sewer Renovation Priority
Area 2. Item No. 10, Sanitary Sewer Renovation Priority Area 1.
Phase 3. Item No. 11, Leqal Services. and Item No. 13,
Engineering Services for Various Utility Related Projects, be
removed from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Bell, seconded
by Councilmember Watson, that with the exception of Items Nos. 8,
10, 11 and 13, the consent agenda be approved in accordance with
staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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Regular City Council Meeting, June 12, 1989
227
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ORDINANCE AMENDING BUILDING, REGULATIONS RELATIVE TO PORTABLE
BUILDINGS: " Mayor Higley.presentedOrdinance Number 1349 and read the
caption, as follow~:
ORDINANCE NO. 1349
AN -ORDINANCE, RELAT1NG'TO PORTABLE BUILDINGS; AMENDING THE
CODE OF ORDINANCES: OF THE CiTY OF.WEST UNIVERSITY PLACE~i
TEXAS; CONTAINING FlNDINGSAND PROVISIONS RELATING TO THE
SUBJECT; AND DECLARING AN EMERGENCY.
Copies of Ordinance Number 1349" in the form required for
adoption, were available to all memb~rs of City, Council and a
reasonable number of additional copies available to interested
citizens present.
Mr." Bob Lucas; representing :the Houston Independent School
District, requested Council consider amending Section lof the
ordinance. Jhisamendment, as ,presented, read as follows:
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IISubsection (e) of.Section 6-3 of the Code of Ordinances, of the
City of West University .Place, Texas .is hereby amended by adding
the following at the end of such subsection:
. .. Until June 1, 1992, this subsection does not prohibit
the erecti"on, placement, use or, occupancy ,of a large portable
building by a, 'school district having the . power of eminent
domain, if all of the following circumstances are present:
(A) the ,chiefl admin:is.trative officer of the d,istr;ict, has
certified to the City that such building is urgel1tly
.,.necessary for the district to comply with state-m~lJdated
teacher-pupil ratio requirements, and the district has
determined that such buHding will not be ne~d~d beyond May
31,1992, ;(B) the.bu,;.ldingis located, on,a! pre.-existing
schoo;l site" CC)no"more than 12,000 s,quare feet of gross
floor area are inclu.ded .'in portable buildings,'large or
; small, on that'site. Art,icle VIII of Chapter 19 of thiS Code
shall apply tOf'school district bu.ildings cov.ered by the
precedi'ng,se,ntence, and it shall be unla.wful.t.o; use the City
streets to mov~ any such building except ,puirsuant to a
license and permit issued und,er such Article VIII.II
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Mr. Lucas sugges,tedan extension to June 1994,whiGh would be
to the ,end of thedistrict's bond,period., O,ther language
sUg"ges ted by,;Mr.. Lucas ~ was to s tri ke, ,as below :i,
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aRe t~eefst~fet ~as,eete~mfRee t~at ,sYe~ BYf~efR~ Wf++ Rst Be
Reeeee BeyeReJ4ay 6h 199~ and add: ,and ,the ctistrtct, based
upon eresent<pla,ns,and projects, ,believes that the la,dditional
transportable buildings will not beneeded.:beyond ,May 31, 1994.
Mr. Lucas further suggested that the 12,000 square foot
limitation would not be enough, but after reconsidering, agreed it
would be adequate including the existing temporary buildings.
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Regular City Council Meeting, June 12, 1989
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Councilmembei Bellaskedhowcld~e]wili,the buildings xome to,the
back property line. Mr. Lucas res-pon~ed'as close as legally
possible or 20 foot from the property line. '
The City Attorney suggested Council could amend the ordinance at
this time, however, he recommended that the words lIadditional
trahsportable buildingsll might'need to bediscussed'.J;<He suggested
that if: the district can wai,t' to the -next meeting, that it would
give Council ,more time to hegotiate with~he school ~tstri~t
concerning the wording in their proposed, amendment. :
Mr. Lucas ,explained the intent of the school district is to move
in only three buildings. ;,;
Mayor Higley advised Mr. Lucas that it wasi.the intent of Council
to include all the temporary buildings in the 12,000 square foot
limitation. She ,suggested the word lIadditio.nalll becdropped from
the amendment. Mr. Lucas..commented he would need to be advised
by legal counsel for the school district.
Mr. Dougherty recommended that all parties ha.vea meeting of the
minds before proceeding. He was concerned with the word~
lIadditionalll in the amendment.
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After further discussion, motion was made by Councilmember Bell,
seconded by Councilmember Redeker, 'that City Counci 1 adopt
Ord ;,nance 'Number 1349, as amended , to' read:
IISection 1. Subsection (e) of' Section 6-3 of the Code of
Ordinances of the City of West University Place, Texas is hereby
aplended by. adding the following at, the end of such subsection:
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.. . Until June 1, 1994, thi~-subsection does not prohibit
the erection, placement, use or'nccupancy of a large pbrtable
building by a school district having t~e power. of eminent
domain, if all of the follCilwing circumstances are present:
.(A) the, chief administrative officer of the district has
'certified to the City thatsuchbu,ilding is urgently
, necessary for the district to comply with state-mandated
teacher-pupil ratio "requirements; and the district, based on
present plans andprojec~ions, believes that the portable
buildings will not be needed beyond May 31, 1994, (B) the
building is located on apre-existi{lg school site, (C) no
more than 12,000 square feet of gross floor area are included
in portable buildings, large or small~ on thatsite~ Article
VIII of Chapter 19 of this Code shall apply to school
district buildi-ngs covered by the ,preceding sentence, and it
shaJ 1 ,be unlawful 'to use the City'streets to move any such
buil ding except pursuant to a li.cense and permi t issued under
such Article VIII~II
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Regular City Council Meeting" June 12, 1~89
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Voting Aye:
Voting No:
Absent:
Mayor Hi,gl~y ,Cbun!=i lmembers' Bell , Jenkins,
Redeker, Watson ,- ,
None,
None
Mr. Lucas was adv ised to keep Council informed if the ord i nance
was not acceptable to HISD.
PURCHASE OF JMH PROPERTY: Consideration was given to appropriating
$381,995.80 for the purchase of the JMH property located on
Milton'at College. The total appropriati~n was for the
fo 11 owi ng :
Purchase.,pri ce
Less-Escrow payment,
Credit 6 months taxes,
Add filing fee
Add Escrow fee
Total payment
$ 390,000.00
(5,000.00)
(3,049.20)
20.00 '
, , : 25.00
$ 381,995.80
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City Manager, :R;ichard Rockenbaugh,. advised that the closing was
scheduled for Wednesday and the, closing documents had been
received by,staff.
Motion was ,made by Counci lmember Bell, seconded by Coun.c,i:1member
Jenki ns,' that, Ci ty Council;authoJ~ize.:;th.eappropriation of
$381, 995'~80 for payment ~to JHM Super, Markets'., Inc. for. ,the
purchase of Lots Five (5),J.Six: (:6:), Seven (7), Eigh.t,-(8) ,and Nine
(9), in Block Seventeen (17), of College View Addition, Third
Subdivision, an addition In Harris .County,:,Texas" acco.rding to the
map or plat thereof recorded in Volume 572, 'Page 33 of the Deed
Records of Harris County, Texas,. ' ,;
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Voting Aye:
Voting No:
Absent: '. :,
Mayor Higley,,:C.o,uncilmembers:;-Bell, Jenkins,
Redeker, Watson:: ,
None
None " 1
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PUBLIC AUCTION: Constder~tion ~as given,toauthorizing ~t~f~~to
hold',apublic auction to sell bicycles and other:uncl~imed
property recovered by the Police Department and other .
miscellaneous city-owned items.
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Motion was made by Councilmember:Bell, seconded:.by Councilmember
Watson, that City ,Counci 1 'authorize,1th,e pub 1 i c aucti:on as
requested. ~
, \loti ng Aye: ,:Mayor Hi gl ey, Councilmembers, Bell, Jenki ns,
Redeker, Watson.
Voti ng No: None ' ,
Absent: None,,)
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Regular City Council Meeting, June:.J2, 1989
SANITARY; ;SEWER RENOVATION; pmlOIUTY ARfA,,2:,Consideration was given
to the following submitted by,;Bearden Contracting Inc. relative
to the sanitary sewer renovation in College Court Subdivision:
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(a) Monthly Estimate No. 9 and Final in the amount of
, '$32,4'79.45 f'or comp'l eti on of the, contract on April 25,
1989;
','(b) Change Order No. 3,and ,final to deduct $9,669.08;!and
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(c) Author:; zei ssuance :of Certffi cate ,of Acceptance.
Councilmember Jenkins asked if city employees made the final
inspection ,of.,the project. City's Consulting ,Engineer, Dieter
Ufer" expHi'Lned that what was befor.e Council, was the final
estimate, for-the priority area No'. :2 project. Fi.na.1 inspection on
these types of construction contracts is conducted by
representatives from the contractor, the engineers and the city.
Councilmember Jenkins questioned tnat the system is supposed to
have a 50 year, 1 ife, ,but the"city get.s:a<one year warranty from
the contractor:.. Mr., ,Ufer, responded the cO,ntractor guarantees
his workmanship and material for one yea,r'which is customary.
Counc,i,lmember' J.enkins asked what the war,ranty"covered. Mr. Ufer
expla,i:ned that :if a<problem:occunsjand is ,the fault of,
contrarctor's workmanship:;,or, mater,i a,l s, ,the 'contr,ac.tor is
respons,i b 1 e ,to ,correct t,he s'i-tuation.",'
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Hea,ri ng' no further quest~ons, Mayor, Hig:l ey c,a 11 ed for a vote.
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Voting Aye: Mayor ,Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
Voting No::, ' Non'e.
Absent: None. ,~~ ,~
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WAKE FOREST WATER PLANT BOOSTER PUMP REPLAUEMENT AND INSTALLATION OF
INSTRUMENTATION: Consideration was given to Monthly Estimate No. 2 in
, : the :amou'nt of $p;, 985. 08 ',for work ,performed through M~y31, 1989,
by.iLong:'& ,Son,' Inc. ,on construction of the booster "pump,
replacement 1and installation of instrumentation for the Wakeforest
Water Plant.
Motion was ,made by Councilmember Ben" seconded, by Councilmember
Watson;..',that MonthlY.:;Estimate::No. 2 in,rthe amount of $7,985.08 be
approved for payment to Long & Son, Inc.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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Regular City Council Meeting:, June 12, 1989
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SANITARY SEWER RENOVATION PRIORITY AREA' 1\. PHASE 3: Consideration
was given to the following, submitted by Whitelak, Inc., for the
sanitary sewer renovation in West University First Subdivision:
(a) Monthly EsttmateNo. 4: in ithe amount of $27l,916.86:for work
performed through May 25, 1989; and
(b) Request for Extension of Time No. 4 in the amount of 7 rain
days and May 29 'holiday., .
Motion was made by Councilmeinber Redeker, seconded by
Councilmember Jenkins, that ,City Council approve for payment
Monthly Estimate No. 4 in the amount of $272,916.86 and approve
Extension of Time No.4.
Voting Aye: ,Mayor Higley, Cciuncilmembers Bell, Jenkins,
Redeker,Wa:tson
Voting No:.None .' '
Absent: None
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LEGAL SERVICES: . Consideration was given to the invoice' in ,the
amount bf $4,832.55 for regular legal servites rendered on the
City's beha'lffor"the month of May 1989 and the supplemental
statement in the amount of $256.60 for legal assistant services
for the peri odendi ng Apri 1 '30'~: 1989.
Motion was made by Councilmember Redeker, seconded by
Councilmember Bell, that the invoices for legal ser~ices be
approved for payment as presented.
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Councilmertiber Jenkins";asked for ,an explanation of why one~-third of
the bill was in connection. wi:th' the, Motoro,la contract.: The City
Attorney responded that it was actually a group of contracts.
There was a 'tower use,'interlocal agreement between ~he City and
the City of M'issouri,'City. : That'is the one where the City has the
right to use Missouri City's base station with our portable and
transportable equipment. Secondly, there is a contract with
Motoro 1 awhe,re the .Gity, would buy,the phys i ca-' equ ;,pment, or a
contract 'to pu rchase; de 1:i ver and i;ns:ta n. Th ird, there is a
lease/purchase document"wheie',:tbe ,City would "be paying on an
installment basis over a period of five. years. There is (a) a
separate agreement..with Missouri, City, (b) an agreell)ent with
Motorola to purchase,:'deli,ver and >install and-:(c) an agreement
with Motorola to finance the equipment.
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Councilmember Jenkinsja~ked ffallthe documents were complete and
Mr. Dougherty replied affirmatively.
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CouncilmemberJenkins ,asked. if that money had been budgeted. Mr.
Dougherty "explained that ,the obligation for this year was limited
to the amount,budgeted,and:was a part of the contratt..
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232 Regular City Council Meeting, June:12, 1989
Councilmember,. Bell askedt-f: th.e City could terminate the tower
agreement.. . The City Attorney rep.lie:d'that it was terminable on
60 days notice.
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Councilmember Watson"ask .what. were the terms.' of ~the agreement.
Jim Dougherty explained that .the lease/purchase agreement was for
five years. The radio tower is for one year, renewable, but with
the 60 days~cancellation provision. The purchase, deliver and
install is a one-time installation with a one-year warranty.
Voting Aye:
. Voting. No:
Absent:
Mayor H,i-.gley., Councilmembers Bell, Jenkins,
Red,eker',Watson ,
None
None
HARRIS COUNTY APPRAISAL DISTRIC.l;Consid,eration was given to the
invoice in the amount of$9,102.00,submitted by the Harris County
Appraisal District for the third quarterly payment due in
connection with annual appraisal services. "
Mot.i on was made by Councilmemb,er Bell, seconded by Council member
Watson, that the invoice ,in: the amount of $9,102~00 be approved
for'payment to the Harris, County,Appraisal,Di.strict.
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Voting Aye:, Mayor H,igJey, Councilmembers Bell, Jenkins,
Redeker, Watson
Voting No: None
, Absent: None
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ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS:
. Consi.deration was given to the)imto..icestotaling $2'i'":410.91
submitted by Langford Engineeringlnc.., as follows:
:(a) ,In'voice No. 58.43 .in the:a'mo'~nt ',of$70.3} ,for Priority
,Area 2 Sanitary Sewer Renovation, College Court
, Subdivi s i on;
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(b). Invoice No. 5844 in the amount,of.$8~780~67 for Phase 3,
,,; I PrioritY Area 1 Sanitar.ySewer)~enovat'ion; ,West
Universtty First Subdiv-ision;,
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(c) , .Invoi ce No.' 5845 in the amount of $633.77 for Study to
fully automate theWakeforest Water Plant; and
(d) Invoice No. 5846 in the amount of $11,926.10 for
.:Priority Area No.3 Sanitary Sewer Renovation, College
Court Subdivisi,on. ,
Motion was made by Councilmember Redeker, seconded by
Councilmember Bell, that the invoices totaling $21,410.91
submitted by Langford Engineering Inc., be, approved for payment as
listed.
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Regular City Council Meeting, June 12, 1989
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Mayor. Higl ey i nvite,d: discu$sion. Counci lmemberJ.enk,i ns asked
about the design phase fee on Invoice 5843. Mr. Ufer responded
that actually the city paid for the design of morefaci 1 ity than
was constructed. The City paid for design phase of facilities
that could have been built up to $700,970.92. Under the
construction ,phase , the,actua 1 construction cost is $598,820.92
which represents the final amount that the City ,paid the
contractor for work performed. Mr. Ufer explained that the City
Counci 1 approved a change, order for constructi'on of .li nes in the
back yards ,of a>sectionofCollege CourtcontingentLon a five foot
temporary back yard easement for construction purposes. However,
the e~sementswere rejected by,manypropertyo.wners,sothat
portion of the contract was eliminated. Thedesignpnasefee was
based on the,.actuaLa.mountof cons tructi on:p 1 usthe~; amount of the
change order. The construc,tion phase is based on only that which
was constructed.
Councilmember Jenkins asked about the design fee on invoice 5844
as opposed to the design fee on invoice 5843. Mr. Ufer
explained that the engineering fees are directly related to the
amount of project authorized by Council. 'The larger the project,
the lower.. the percentage of engineering fees for the project.
Hearing no further questions, Mayor Higley called for a vote.
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Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
ENGINEERING SERVICES IN CONNECTION WITH THE LANDFILL: Consideration
was given to the invoice in the amount of f5:962.40 submitted by
ENSR Engineers for services in connection with the operation of
the landfill.
Motion was made by Councilmember Bell, seconded by Councilmember
Watson, that the invoice in the amount of $5,962.40 submitted by
ENSR Engineers be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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CIT',' COl:JNCIL '1[[TINC '4INl:JT[S: Consideration was given to the
minutes of the following City Council meetings.
(a) City Council Regular Session, May 22, 1989; and
(b) City Counci 1 Workshop Sess i'on, May 22, 1989.
Motion was made by Councilmember Jenkins"seconded by
Councilmember Bell, that the minutes be approved as submitted.
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Regular City Council Meeting, June 12, 1989
Voting Aye:
} Mayor Hig.ley" :Counctlmembers Bell, Jenkins,
.' Redeker, Watson
'None
" None
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Voting No:
Absent.: ,!i ,
COUNC.ILCOMMENTS: The members of Council had nothing .further for
discussion at this time.
STAFF REPORT:,) City Manager, Ri chard) Rockenbaugh" had nothi ng
further for Council.,s constder.ation at this time.
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ADJOURNMENT:",:With no "further busi,ness tQ come before City Council,
motion wa's made by Councilmember, Bell, seconded by ,C,ouncilmember
Jenki ns, that:theregular' sessi on adjourn .", ,Such moti on carri ed
and ,the meeting adjourned at 8:.30,p.m.
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Laura-C. Higley
Mayor
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Audrey Ni h ls e
City Secre ary
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CITY COUNCIL, WORKSHOP SESSION
THURSDAY, JUNE 22, 1989
MUNICIPAL BUILDING
3800 ,UNIVERSITY BLVD.
6:30 P.M.
City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Thursday, June 22, 1989, with the following members present: Mayor
Higley, presi ding ;Counci 1 members Be 11 ,Jenkins, Redeker and Watson.
Also present were the City Manager, City Secretary and the Director of
Operations.
HEARl NG 0 F RES !DENTS:
There, were none present who wished to speak.
RECESS WORKSHOP SESSION
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Mayor Higley recessed the workshop session to.go :into a closed
executive session as; authorized by the Open ,Meetings, Act, TEX.
REV. CIV. STAT. ANN., as amended., Article 6252-17, Section 2(g),
Discussion of Personnel: Interview.ing Candidates for Board and
Committees.
RECONVENE WORKSHOP SESSION
Mayor Higley reconvened: the workshop sess:ion at $:33. p.m.
DISCUSS AND CONSIDER REQUEST'FROM HOUSTON-TENNECO MARATHON COMMITTEE
FOR PERMISSION TO RUN THE MARATHON RACE THROUGH WEST UNIVERSITY PLACE
Those representing the Houston-Tennec.o Marathon Committee were
John Stokess DavidW.Hann'ah,Jr..,:and;Kathy, Jolly.; ,Mr"
Hannah reported,toCounCfl-that the mar,athonrace was scheduled
for January 14, 1990 and asked for permiss'ionto run through the
City of West Unive;rsityP'lace' again this"year.l Mr. ,Hannah
reviewed some of the procedures involved such as the use of
Houston Police, trash pickup, submission of certificate.of
insurance and filing an indemnity affidavit :releasing the City of
any liahil ity.
Mayor Higley asked what notification would be given to the
residents that streets will beblockedoff.,Mr. Hannah
responded that this.information would be sent to the residents in
the wafer bills.
Mayor Higley stated she thought 'the race-had a
the City and that the residents enjoyed it~,
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236 City Council Workshop Session, June 22, 1989
Motion was made by Councilmembe,r;Redeker, seconded by
Councilmember Watson, that City Council grant permission to the
Houston-Tenneco Marathon Committee; to schedule the race to run
through West University Place on January 14, 1990.
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Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None,
None
PRESENTATION:BY ENSR ENGINEERS CONCERNING PLANS AND REQUIREME'NTS FOR
, THE LANDFILL
Curtis Cooper, Director of Operations, reviewed some of the
history of the landfill and how the state regulations had, become
more stringent through the years. The City is now going to have
to modify the closure plan to comply with the State Health
Department specifications.
Mr. Steve Del I Homme, representing ENSR Engineers, the City.s
consulttngengineer for the landfill, explained that all the
regulations concerning the landfill: are: given by the State
Department of Health. ' Mr. Dell Hommep,ointed out that the
modified closure plan had been submitted and reviewed by the
Health Department which responded that further action in some
areas would be required.
Mr. Del I Homme reported that the plan was submitted to develop
the 1 andfi 11 north to south. ,The' Health Depa rtment wou 1 d 1 i ke for
the landfill to be finished first on the east side because of the
adjacent subdivisibn.' ENRS had responded to this request.
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The drainage ditch modifications needed to be submitted to the
Harri s County, Dra i nage Di stri ct ,for thei r approval. Th,i s was done
and the City received the Di stri.ct! sapp:rova 1. The approval is
valid for one' year, or until April 1990, and the City needs to get
the modifications done within this perio,d of time. The approval
addresses only the ditch on the east ,side. .
Presently there is no methane gas, venti ng system to provi de for
the interception of laterally migrating methane. To comply with
Health Department regulfitions, City Council ,will need to consider
the available options to handle the methane gas. One option would
be to install five. well points to monitor the methane gas at the
estimated cost of $10,000.00. This option would initially save
some money, but there were risks involved. If methane gas were
detected, the City would then be required to dig ,a trench twelve
inches wide and twelve feet deep. The second option would be to
go ahead and install ;the trench. In that ~vent, the cost to the
City would be $60,000.00 to $70,000.00 if the work is contracted
out. If the City could do the work using employees, the cost
would be approximately $30,000.00. The City would not be required
to put in the wells if Council decided to construct the trench.
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City Council Workshop Session, June 22;,1989 '
237
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Mayor Hi gl ey asked what if the City, buil ds the trench, or"
bulkhead, and th~~ealth Depattment changes the regulations, would
there be more costly modifications req~ired' in the,futur,e~ Mr.
Del 'Homme responded that once the Health Department approved the
closure plan', they would not. ask the City for more modifications.
Mr. Cooper advised Council that the engineeringwa's ,budgeted, but
the construction was not'. The City ,would have to :get the closure
plan approved before construction bega~iand the cost could be
considered in the 1990 budgetary process.
Mayor Higley wanted to be assured that the City was capable of
doing the work and ,what would be the costs., After fur.ther
. discussion; it was the consensus: of Council ,to' favorably view
proceeding with the -trench" ho.wever dt, was,furthe;r agreed that,
before making a decision, sta,ff should determine the cost if the
City constructed the trench using city employees.
DISCUSS BOARDS AND COMMITTEES/FRANCOPHILE COMMITTEE
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Mayor Higley .comment~d the Francophile Committee was not an
official committee of the City. She reported that in talking to
Mike Parks, he suggested that the committee had generated enough
interest within the community to maintain itself whether Council
sanctioned it as an official committee or"not. ,After discussion,
it was the consensus of Council to sanctjQll:\t~e' Francophile'
Committee as an executive committee of three members who would
make reports to the City Council. ':1"
STAFF REPORT- AGENDA REVIEW
City Manager, Richard Rockenbaugh, distributed a HL&P notice
received in the City's electrical bill. The notice was being
mailed with the electrical billing to all residents. Members of
City Council discussed whether to issue a rebuttal to HL&P's
statement. However, no action was taken at this time.
The proposed agenda for Monday, June 26, regular session was
distributed for Council's review. Several items were briefly
questioned and then accepted for the agenda. '
COUNCIL COMMENTS
Mayor Higley commented that during the budget discussions she ask
staff to keep in mind that (1) there would be no more tax
increases, (2) to see if the recreation division could become more
self-supporting, (3) to review traffic enforcement procedures and
(4) to review the fees charged to Southside Place for services
to that city. Mayor Higley recommended staff investigate the
possibility of issuing tickets to animal owners for violations.
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238 City Council Wo'rkshop Sess.ion, June 22, 1989
Councilmember Redeker; suggested that the.,problem of. residents
putting garbage out too early before their scheduled pick up be
,addressed in II City Currentsll again.
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.CouncilmemberJenkins commented that of the list of homes he
submitted for trash and weed violations, only two houses and one
vac.ant .lot remained to be corrected. He, noted, that at the corner
of Cason and Brompton, .gr,ass .was growing, i,n the: street. 4258
Lehi gh was a vacant lot. that needed to be checked., i
ADJOURNMENT
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With no further.bu.siness to come b~fore City Council at this time,
moti on waSi made' 'by Counci lJnember)~edeker, ~econded by.M~yor
Higley, that t.hee meeting \adjour:n.. .S!,!ch motion carried and the
workshop. adjourned at 9:35 p..m. ...
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; ,La.ura C.Higley '.,
Mayor:, ,
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Audrey N;ic ol~'" .
City Secretary
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CITY COUNCIL ,WORKSHOP SESSION
MONDAY" JUL Y 3, 1989
MUNtCIPAL BUILDING
",' '3800 UNIVERSITY BLVD..
0:00 P.M.
City Council convened i,n workshop session in ,the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday,. July 3, 1989, with the fo,llowing members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson.
Also present were the; City Manager, City Secretary, City Attorney and
the Director of Operations.. Thts meeting- w.as a, make.,.up.meeting for the
June 26,. 1989, workshop session that 'was cance-lled ,due to the flooding
caused by Tropical Storm Allison...
HEARING OF RESIDENTS:
There were none present who wished to speak. '
RECESS WORKSHOP SESSION TO GO INTO CLOSED EXECUTIVE.SESSION
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Mayor Higley recessed. the: workshop session to go into a closed
executive session as authorized by the Open Meetings Act, TEX.
REV. CIV. .STAT. ANNq"as amended, Article 6252-17, Section 2(g),
Discussion of 'Personnel: Interviewing Candidates for Board and
Committees. .
RECONVENE WORKSHOP SESSION '
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At the conclusion of the scheduled interviews, Mayor Higley
reconvened the w6rkshop~ession' at 7:03 p.m.
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DISCUSS CODE VIOLATION CITATION AUTHORITY
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City Attorn'ey, Jim Dougherty, reviewed proposed code enforcement
'. ... procedures, as fo 1 lows :'
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~CODE fNFORCEMENT~PROCEDURES
'. .6-22.,.89 , . .
APPLICATION: Building Code, Housing Code, Plumbing Code, Zoning
Ordinance, Health Ordinances And Other Similar Ordinances
Usua l:ly Admi ni stered By Non-Pol ice Departments
WARNING PROCEDURES
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When a possible violation is. reported by, a citizen or is
otherwi se detected"; the usual fi rst stepj s to issue a
124-hour1warning,tothe .person who appears;to:be in the best
position to correct- the ,violation immediateJy. For example,
if. there. .is an active bui:lding project underway, the general
contractor might be in~the best positiqn to correct the
violation immediately.. 'Sometimes the owner would be in the
best position, etc.
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240 City Council Workshop' Session, July 3, 1989
The warning should be'~iv.en,in.a manner likely to receive
immediate attention. .Sometiimes this will be a phone call to
the home office, i f:a cainp.anY;. i s i nvo 1 ved. Sometimes thi s
will be a l~tter:' Whenever:practicable, the notice should be
backed-up by a I red. tag! . posted at the site (thi s woul d not
be a stop work order, but instead a Inotice of violation' and
a.:demand that it be corrected within 24 hours).
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A warning is not necessary when: (1) a previous warning for
the same or similar Niolation has been given: to the same
person, (2) there has been.a,:recent prosecution ,or .conviction
for the s'ame or similar, vio:lfi:ition:, (3) there is an especially
serious or :f~agrant vioJation, (4) the violation has already
occurred (already discontinued)., (5), it appears that an.
alleged violator might flee from the jurisdiction" and not
return, or '(6) it is otherwise necessary to take, immediate
enforcement action. In no event is the absence of a warning
a defense to any enforcement action.
'IN THE FIELD1 .PROCEDURES
Tfthe violation.is-not .corre:cted,a.fter the warning, the
enforcing department shall prepare acerti fi cate for the
, Police Department. The certtficate shall .list the elements
of the:a n eged offense ,and the certificate must include
proof of any elements that the Police officer might not be
able to detect with his own eyes (for example, the lack of
permit would have to be shown by the certificate).
The Pol ice -Department sha 11 then approach the alleged
violator. If all, elements ,of the affense are committed in
the presence of the officer or in his view, and if the
officer can otherwise make a laWful, custodial arrest, the
officer may arrest the alleged violator. However, unless it
reasonably appears -that the alleged 'violator will not appear
for trial, the alleged violator shall be offered the choice
of signing a promise to appear. (Note: a new ordinance might
be adopted to coVer th'issituatiOri by making it a violation
to fail to appear for ~rial after giving a promise to
appear. The ordinance would supplement--not overlap--the
state law on the subject).
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In either case,: the Po 1 ice offi cer shall return the
certificate to the enforcing department with a notation as to
the action taken.
In case all elements' of thee offense are not committed in the
presence of the Police! officer, or in case the alleged
vi 01 ator cannot be" found, or if the offi cer is otherwi se
unable~either to rnakean arrest o~secure a promise to
appear, the officer shall return the certificate to the
enforcing deparment; whjch:may proceed with the IComplaint
. Procedures I 1 is ted below.
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City Council Workshop Session, July 3, 1989
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COMPLAINT & FILING PROCEDURES
- The enforcing department shall request that. complaints be
prepared and filed whenever an alleged violator has been
arrested or has signed a promise to appear. In case the
certificate is returned wi thout:an, arrest or p.romi seto : '
appear, the enforcing department may still have a complaint
prepared and filed; and the departm~nt may also ask that
,summonses be issued by the, miJn~cipal court.
In appropriate cases, the municipal court may be asked to
issue warrants. ",
PROSECUTION PROCEDURES
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Cases commenced as provided above would be prosecuted in the
usual manner. Simil ar types; of cas.es might .begrouped and
set for the same night, as is~urrently don~ for.the
'housing' cases.1I
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Mr. Dougherty explained that when the Building Official finds a
violation, he issues a warning which ,may, be a phone; cal}, a letter
or a red: tag with :the statement~lIy,o.u ..ha.ve" ,,- :hours/days to
correct the ,(name the v.iolation}",., 'If the violat.idnis,.not
corrected, the Building .Offic.ial fil,ls ::out a certificate and gives
it to a police officer. The policeofficen,could arrest .at this
point, but will probably give a ticket with a IIpromise to appearll
clause. The Building Ofjfic.i'aLswears\out the complaint form and
assigns a court date.
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Councilmember Bell a.sked how:.the ip;r,o;ce:dur,es wo.uld,workAfi a house
is vacant. The 'City Attorney.replted that most of the new
ordinances will state .that jt'.is'a' vi'olati'o:n for the owner, or
anyone ,i'n possession andlo,r :tncontrol of the premi,~es.';. This
could easilY' be idetermined-oby uti'lity,.bi,llling.,
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After discussion~,.City Councill agreed~to incorp~nate into the
procedures, a provtsion for.the police officer to,issue a violation
notice (without an arrest or a promise to appear) which would be
noted on the certif.icate.,'Also Council conCl~rre.d that, the
procedures should reflectthatdmulti'ple -,char.ges ; may befi;led in
case of~ultiple, or-continuing; violations. SO,that~.
(a) End of paragraphJ3,..second;page, add ~:sen~enGe~~Theofficer
ma issue a violation notice (without an arrest or a romlse to
a ear ,which shall be..noted, dri the:)€ertif,lcat~.;,;:::an, ,").,
b End of paragraph 5, second page, add a sentence: Also,
multiple charqes may'be'filed in case: of multiple, or continuing,
violations. ,', ,- /" .' .
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242City Council Workshop Session, July 3, 1989
The City Attorney suggested ttiat .Council might consider an
ordinance making it a violation to fail to appear in court. City
. Council, agreed ,and: the Mayor 'instructed .theCity Attorney to
" prepare 'a 'draft, fpr their review.
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STAFF REPORT' - AGENDA REVIEW"
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Mayor ,Higley brought; up for,dtscussion the.francophile committee
report sent by Chairman: Mike.Parks'. i:Mr. Parks requested
consideration be given to a resolution congratulating the sister
c'ity of Sainteson the.>'bi-centennial celebration.pfthe French
Revolution. It was agreed to place the resolution on the agenda
for the next city council meeting scheduled for July 10, 1989.
RECESS WORKSHOP SESSION FOR REGULAR SESSION
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Mayor Higley recessed the workshop session at 7:28 p..m., to
convene in 'regular session. ;.
RECONVENE WORKSHOP SESSION
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Mayor H,ig,ley re.cony,ened' 'the workshop sess.ion at 7:-50 p.m., with
.the'fo.11l ()wi ng member's_pre'sent::May,or Hi gl ey ,presidi ng;
.Couricilmembers Be.ll, Jenk'i,ns,' "Redeker and Watson.. Also present
';were the City Manager., iCi ty Secretary, Ci ty Attorney and the
Director of Operations:. . "';
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STAFFREPORT:-,AGENDARHIEW",( c.oriti nued)
City Manager, Richard Rockenbaugh, reported that the Fast & Cool
Club located at613-5:'Kilr,bY'i:W~sunder;new 'ownership: who would be
opera'ting a.IIC.lLibAII esfabliis.hment. A lIC>lub All is a dance club
targeted for the :19' to' 25 age ,grouip., The new. ow.ne.r has been
,i nformed..:of the prob Terns: experiienced by the res i dents..i n the
area. He has agreed ,to 'cooperate;in .s..everal ways to minimize the
noise and traffic problems. A letter was sent to the residents
al ongKN1by. Dri'veadv.i si ng them of the .'Current plans and urging
them';te 'contact .the police, department should violations occur.
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T~e City.Attorney suggested ,C6uncil"cmight ,consider amending the
'noise ordinance, to :strengthen,;the lan9uageand bring it up to
current nOl'se ,ordi nance standards. ,Ci ty Council agreed,:to
corisideramendingthe noise'ordi'nance~. "
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RECESS WORKSMOP SEs'SJONTO' GOINTO:,CtOSt:O EXECUTIVE .SESSION ",.
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Mayor Higley recessed;~the .workshopJsession ,to go into a ,closed
executive session as authorized by the' ()pen Meetings Act~ TEX.
REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2(g),
Discussion of Personnel: Intervi~wing Candidates for Boards and
Committees. Staff members were excused at this point.
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City Council Workshop'Session, July 3, 1989
243
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RECONVENE WORKSHOP SESSION
At the conclusion of the scheduled interviews, Mayor Higley
reconvened the workshop session.
ADJOURNMENT
With no further business to come before City Council at this time,
, the meeting was declared adjourned at 9:05 p.m.
Laura C. Higley
Mayor
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Audrey 1 ols
Ci ty Secretary
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REGULAR GITY,COUNGILMEETING
MONDAY,;.. J)../LY,3, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY: .BLVD.
7:30 P.M.
City Council convened in regular sessi.on in the Municipal Building,
38001 Uni'versltyBoulevard" in the ;Cityof :West Univers,;ty Place, on
Monday, July 3, 1989, with the 'foTlm~jng members present: Mayor Higley,
presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also
present were the City Manag.er, Ci ty Secretary, Ci ty Attorney and the
Director of Operattons'.:, Counci'lmemberJenkins delivered the
invocati'onand led ithe'AHegianceto the Flag. This meeting ,was a
make-up meeting for the June 26, 1989, regular session .that was
cancelled due to the flooding caused by Tropical Storm Allison.
HEARING OF .RESIDENTS:MayorHtgJeyinvitedresidentsto speak wh.o
had matters they wished to bring to the attenttonof the City
Council which had not previously been submitted to the City
Manager.
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"MtchaelLParks,6427Buffalo, 'addressed Council to review the
written Francophile Committee report previ.ously submitted. The
report indicated what the c.ommitteehas accomplished and what the
goals,were. There was ali,stof families willing to receive
children fr.om West University Place for .a' visit to Saintes. Mr.
Parks presented to the Mayor and Council a gift from the sister
,dHy of an ancienLmap'showing Sainteisa.sit was in the Roman
era. The mayor of Saintes sent a gold 'medallion with the seal .of
the city to West University Place. Mr. Parks stated it was a
sigilificantopportunity for the residents to be able t.o
participate ina sistercity.exchangeofcultural , economic and
educati.onalactivities.Such an exchange would enhance the
.'quality .of life'i'n our city. Mr. Parks wouldb.e visiting Saintes
in the next week and would be representing the Fra~cophile
Committee as its chairman.
011 behalf of,'GHyGOlJncil ,Mayor Higley expressed her appreciation
for the gifts'and thanked::Mr. Rarks,forhis,)report. "
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CITIZENS RESPONSE TO AGENDA ITEMS: Mayor 'Hi gl ey invi ted r,es.i.dents
who wished to address a specific agenda item to speak at this time.
There:were'none,present wholwished to speak concernifJgan agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
:m>'ullcil 'suggested removing an'ltem from the consent agenda.
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CONSENT AGENDA: Motion was made by Councilmember Bell, seconded
by Councilmember Redeker, that the consent agenda be appr.oved in
accordance with staff recommendation.
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Regular City Council Meeting, July 3, 1989
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
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RESOLUTION RECOGNIZING COUNTY ATTORNEY 1 OFFICE: Mayor Higley
presented and read the following resolution:
C I T Y 0 F W EST 'U N I V E R S I. T Y . P LAC E
RESOLUTION 89-09
Whereas, on May 8, 1989, a resident brought to City
Council his concerns over offensiv.e noise and'music
emitting from a nightclub located at 6135 Kirby Drive in
Houston; and
Whereas, this address is across the street from the
residence of the citizen addressing City Council and asking
for assistance; and
Whereas, City Council wrote a letter to the County
Attorney, Mike Driscoll, asking for his assistance with
this violation outside this City Council IS jurisdiction; and
Whereas, due to the prompt action of the County
Attorney, Mike Driscoll, the noise violation was quickly
brought to a halt. NOW, THEREFORE,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That the members of City Council wish to
express their appreciation to County Attorney Mike
Driscoll for his prompt and decisive action to notify the
club to cease and desist the offensive loud music and other
noises.
Section 2. That City Council is aware of the
cooperative and diligent efforts of Rock Owens, Assistant
County,Attorney, to help restore tranquility to a
residential, family-oriented neighborhood and extend to Mr.
Owens a special thank you.
Section 3. That City Council recognizes Mike
Driscoll and Rock Owens for their assistance and support
in this matter which was critical to the happiness and
well-being of our citizens.
Section 4. All resolutions and parts of resolutions
in conflict herewith are hereby repealed to the extent of
the conflict only.
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Regular City Council Meeting, July 3', 1989
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. Section ,5~' If any,'word, phrase, clau,se" sentence,
paragraph, section or other ,'part of: this resolution or the
application thereof to any personorJ circumstan,ce, shall
ever be he 1 dto' be invalid or unconsti tuti ona l)by,ahy court
of competent jurisdiction, the remainder of this resolution
and the applica;tion of such word, phrase, clause, sentence,
paragraph, sect.ion, or other part of this resolution to any
other persons or circumstances shall not be affected
thereby. .
Section 6. 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
gi ven in the manrierrequ ired' by the" Open Meeti ngs Law,
TEX. REV. CIV. STAT. ANN. art. '6252-;1], 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 noti ces and the contents "and
posting thereof.
D
Laura 0. HiIgTey, Mayor.
Buddy ,Be 11 , Gounoiilmember
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Jim Jenkins,
COI!lncilmemIDer I,
Janet ~. Redeker,
: i ,'CouncBmember
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Bill Watson,
/ Counci lmember
(SEAL)
Attest:
Approved as" to Form:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City Attorney
rl
Motion was made by Councilmember Redeker, seconded by.
Councilmember Jenkins, that Resolution Number 89-09 be adopted as
~resented and read.
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Regular City Council Meeting, July:3, 1989
. Voting Aye.:
Votfng No:
Absent:
MayorH.igley_,. Councilmembers Bell, Jenkins,
Redeker., Watson
None
None
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PARKS MASTER PLAN: Consideration was gJv,en to th,e invoice in the
amount of if,669.38 submitted: by TapleyjLunow Architects for
professional services from May '1 to May 31, 1989, on the parks
master plan.
Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that the invoice, in the amount of $4,669.38 be approved
for payment to TapleyjLunow Architects.
Voting Aye:
Voting No:
Absent:
/,
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None,
1983 BOND PAYMENT: Consideration was given to the invoice in the
amount of $I09,512.50 submitted by First City National Bank
representing interest due on the 1983 Bond Issue.
Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that City Council approve for payment the invoice in the
amount of $109.512.50 submitted by First City National Bank.
Voting Aye:
Voting No:
Absent:
Mayor ,Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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1986 BOND PAYMENT: Consideration was given to the invoice in the
amount of $170,125.00 submitted by First City National Bank
representing interest due on the 1986 Bond Issue.
Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that the invoice in the amount of $170,125.00 be approved
for payment to First City National Bank as presented.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
1988 ANNUAL AUDIT: Consideration was given to the final invoice in
the amount of $3,500.00 submitted by Peat Marwick Main & Co.,
for services in connection with the annual audit of the City.s
financial records.
Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that the invoice in the amount of $3,500.00 submitted by
Peat Marwick Main & Co., be approved for payment.
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Regular City Council Meeting, July 3, 1989
5
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Voting Aye:
Voting NO:
Absent:
Mayor Higley, Counti 1 members Bell, Jenkins,
Redeker, Watson
None
None
CITY COUNCIL MEETING MINUTES: Minutes of City Council meetings were
presented, as follows:.
(a) City Council Workshop Session, JuneS, 1989;
(b) , City Counci 1 Workshop Session, .June 12,1989; and
(c) City Council Regular Session, June 12,1989.
Motion was made by CouncilmemberBell,seconded byCouncilmember
Jenkins, that the minutes be approved as submitted.
Voting Aye:
Voting No.:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
COUNCIL COMMENTS: No memberofCounci 1 had anything fU.rther for
discussion.
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STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing
further for Council's consideration at this time.
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ADJOURNMENT: :Withnofurther ibusines5-;,to ,come before,.Gouncil,
motion was made byCouncilmember Bell ; seconded by Councilmember
Redeker, that the meeting adjourn. Such motiQn carried and the
meetingadjoUtned ~t 7i44'p~m.
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(}-!.{i.<~ ~vt.d.
Audrey Ni hol s
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, JULY 10, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:00 P.M.
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City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, July 10, 1989, with the ,following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins, and Watson.
Councilmember Redeker was absent. Also ,present was the City Secretary.
HEARING OF RESIDENTS:
There were none present who wished to ,speak.
RECESS WORKSHOP SESSION TO GO INTO CLOSED EXECUTIVE SESSION
Mayor Higley recessed the workshop, session at 7:05 p.m. to go into
a closed 'executive session as authorized by the Open Meetings Act.
TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section
2(g), Discussion of Personnel: Interviewing Candidates for Boards
and Committees.. The...City Secretary was excused at this time.
RECONVENE WORKSHOP SESSION
At the conclusion of the.scheduled interviews, Mayor Higley
reconvened the workshop session at 7:05 p.m. Staff members
present were the City Manager, City Secretary, City Attorney,
Director of Administration and the Director of Operations.
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DISCUSS DRAFT ORDINANCE RELATIVE TO ,IIFAILURE TO APPEARII FOR CODE
ENFORCEMENT VIOLATIONS
City Attorney; Jim Dougherty, presented a draft of a IIFailure to
Appearll ordi nance, as fo 11 ows:
IIDRAFT"FAILURE TO APPEAR' ORDINANCEII
7-7-89
AMEND SECTION 14.7 to read as follows:
Sec. 14-7. Failure to Appear.
(a) 'It shall be unlawful for any person charged with
a violation of this Code, other ordinance of the City or in
any way required to appear before the municipal court to
fail to do so.
(b) A person who signs a written promise to appear
before the municipal court commits an offense if he
intentionally or knowingly fails to appear in accordance
with the promise. It is a defense to prosecution under
this section that the actor had a reasonable excuse for his
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City Council Workshop Session, July 10, 1989
7
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failure to appear. This subsection does not apply if the
promise to appear is given in connection with an alleged
violation of the Uniform Act Regulating Traffic On
Highways, art. 6701d TEX. REV. CIV. STAT. ANN. . This
subsection does not apply if the actor was taken into
custody and gave the promise to appear as a condition of
his release.
(c) Violation of this sec.tion h punishable by a fine
not to exceed $ . Nothing in this section limits
the authori ty of the muni ci pa 1 court to i sS,ue warrants,
summonses or other court process papers.1I
Mayor Higley reviewed certain court proceedings and recommended
cons iderati on be gi ven .tostricterenforcement of code vi 0 1 ati ons.
City Council discussed the fine provision and agreed to set the
amount not to exceed $500.00. The last sentence. of paragraph (b)
was discussed and the City Attorney agreed toY'evise. the language
to clarify Council IS intent. It was further agreed to place the
ordinance on the next regular council agenda for. first .reading.
DISCUSS DEMOLITION OF THE JMHGROCERY STORE, 62Q4COLLEGE, AND
CONSIDER AUTHORlZINGSTAFF TO ADVERTISE FOR BIDS
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City Manager, Richard Rodenbaugh, advised Council that a
preliminary,estimate of $35,000 was, given to demolish the JMH
grocery store building at 6204 College. However, the city would
,be required to go out forbtdsfon\the demol itjon. The contract
~illinclude removing part of the concrete.
, :Director of Operations, Curtis Cooper, suggested c{)nsi.deration be
given to leaving a portion of ,the concrete, for parking spaces.
Mayor Higley asked how long it would take to prepare the
specifications and publish the bid notice. Mr. Rockenbaugh
replied it would take 30 to 45 days. Mayor Higley asked if
Council would want to consider postponing the demolition until the
next budget year.
- 'Mr. Rockenbaugh suggested.,the 1 i aM 1 ity pithe buil di ng. ,bei ng
vacant for all that time was not gopd~ City Council ,may wish to
consider authorizing the funds from fund balance and at the end of
.the year amend the budget.;: Itj i s:,custom~ry; t{): ~mend the budget
,each year' to reflect ,actual ~ccount balances,.
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Councilmember Jenkins asked if the matching funds from the Friends
of West U Parks Fund might be used. It was decided that staff
would check the" Ignash: C:or;ltriict forrestrictjonsand to report
back to Counci 1.
Motion.was made by Counci lmem,ber,. Bell..,. secon,ge9, by Counci lmember
Jenkins, thatCounci], autho.ri.,ze staff to:adY.erti se.dor bi ds for
the demolition of the grocery store building at 6204 College.
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City Council Workshop Session, July 10, 1989
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Je:nkins,
Redeker, Watson
None
None
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RECESS WORKSHOP SESSION FOR REGULAR SESSION
Mayor Higley recessed the workshop session at 7:28 p.m., to
convene in regular session.
RECONVENE WORKSHOP SESSION
Mayor Higley reconvened the workshop session at 8:00 p.m. with the
following members present: Mayor Higley, presiding;
Councilmembers Bell, Jenkins, Redeker and Watson. Also present
were the City Manager, City Secretary, Director of Administration
and the Director of Operations.
DISCUSS AND CONSIDER MODIFICATIONS TO THE LANDFILL PERMIT APPLICATION
CurtiS' Cooper presented cost estimates, using city employees, for
the construction of the twelve foot deep, twelve inch wide methane
venting trench. Mr. Cooper:advised Council that throughout the
construction the integrity of the ditch would have to be
maintained, the area would have to be cleared of underbrush before
the digging was begun, and a determination made of restoration of J'
the green belt between the trench and the adjacent neighborhood.
Councilmember Jenkins questioned the amount of staffls estimate.
He had made several contacts and thought the equipment might be
leased for a lessor rate. Staff agreed some refinement might be
made, .but( that it was a :reliable estimate given the information
available at the time. It was the recommendation of staff that it
would be more cost effective to contract construction of the
trench.
Mayor Higley suggested Council consider the option of constructing
'the detector wells.
Mr. Rockenbaugh suggested the landfill had a good clay base which
most likely would be. able to contain the methane gas so that the
detector wells might'be the best alternative.
After discussion, it was decided that~before making a decision,
that staff make a determination as to whether city employees could
construct the detector wells, what the cost would be, and to
report back to City Council at the next workshop session.
RECESS WORKSHOP SESSION TO GO INTO CLOSED EXECUTIVE SESSION
Mayor Higley recessed the workshop session at 8:25 p.m., to go
into a closed executive session, as authorized by the Open Meetings
Act, TEX. REV. CIV. SrAT. ANN., as amended, Article 6252-17,
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City Council Workshop Session, July 10, 1989
9
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Section 2(g) "Discussion of' p.ersonnel: Interviewing Candidates for
Board and Committees. Staff was excused at this time.
RECONVENE WORKSHOP SESSION
At the conclusion of the scheduled interviews, Mayor Higley
reconvened the workshop session at 9:14 p.m.
COUNCIL ,COMMENTS
City Council discussed various items of interest. No action was
taken. . Counci lmember Bell suggested .the officer who made a
particular arrest should be supported rather than reprimanded.
City Council generally agreed that more traffic tickets should be
written and it was recommended that ticket revenues be studied.
It was further agreed that City Council review police department
pol ices with the Chief of Police.
Councilmember Watson asked if the water meters reported by
citizens to be inadequate were replaced.
[
Counci.lmember Redeker inquired into thesmokin9 re,gulations in
Ci'ty Hall and requested City CounciJ discuss a ordinance
regulating smokingata future ,workshop.
City Council agreed that a status report from the Code Enforcement
Officer be submitted an thestaf.f report noting the number of
violations.
City Council agreed that the Finance Director study using an
outside company to do payroll to see if the City might save money
by contracting thi s function out.
ADJOURNMENT
There being no further business to come before Council at this
time, Mayor Hig~ey declared the workshop session adjourned at 9:34
p.m. ,)
t/iP~7H
" Mayor .,'! . ' .
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REGULAR CITY COUNCIL MEETING
MONDAY, JULY 10,. 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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City Council convened in regular session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, July 10, 1989, with the following members present: Mayor
Higley,. presiding; Councilmembers ,Bell, Jenkins and Watson. :,
Councilmember Redeker arrived at, Z:c33 ip.m. Also present were the City
Manager, City Secreta'ry, City Attorney, Director of Administration,
Director of Operations, and the Chief of Police. Mayor Higley
delivered the invocation and led the Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor Higley invited resi'dents to speak who
had matters they wished to bring to t.he attention of the City
Council which had not previously been submitted to the City
Manager.
Neal Kennedy, 6126 Kirby Drive, addressed Council and
expressed his appreciation for their help in dealing with the
problems associated with the Fast & Cool Club located at 6135
Kirby. The club is now under new ownership and the residents
have been assured that if problems occur with the new I
establishment', they will .be able to contact the Houston police. I
Also, the new owner has agreed to take measures to alleviate noise ~
and traffic problems.
Mayor Higley thanked Mr. Kennedy for coming to Council ,meeting.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor 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 Jenkins
requested that Items No.6, Remodeling of Dispatch Office, No.
7, Code Enforcement Procedures, and No.8, Construction of
Booster Pump Replacement and Installation of Instrumentation for
Wakeforest Water Plant. be removed from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Bell, seconded
by Councilmember Jen.kins, that with the exception of Items No.6,
7 and 8, the consent agenda be approved in accordance with staff
recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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11
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RESOLUTION FROM WEST UNIVERSITY PLACE TO SAINTES: Con.sid!:!ration was
given to Resolution Number 89-10 recognizing Saintes and the
country of France as they celebrate the bicentennial 'Of the French
Revolution. Mayor Higley presented the resolution, as follows:
BICENTENNIAL RESOLUTION
FROM
WEST UNIVERSITY PLACE'
TO
SAINTES
WHEREAS, the city of Saintesand country of France
are celebrating the bicentennial of the French Revolution;
and
..
WHEREAS, the city of West University Place, Texas in
the United State of Ameri.ca salutes and affirms the 200
years of the French Republic; and
WHEREAS, Montesque's writing on the balance of
powers between legislative, Judicial, and the executive
branches of government was adopted into the United States
""..,of Ameri ca 's government; and
WHEREAS, without the aid of
Marie-Joseph-Paul-Yves-Rich.,.Gilbert du Motier,
Marquis de La Fayette; Admiral Francois Joseph Paul,
Comte de Grasse; and the people of France during the
American Revolution, the United States of America would
never have won thei:ri ndepe,ndence. from the Bri,ti sh Crown;
and
WHEREAS, 2,000 ,French soldiers died along with 6,800
Americans in the American Revolution; and
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WHEREAS, the Marquisde,La Fayette 75 days after the
fall ofThe..Bastille on,\July 14, 1789, sent to George
Washington for his first inauguration the keys to the
fortress' Bastille with a nete from lIa'1Mi ssionary of ,
Liberty to its Patriarchll inexpressionof~ his ,feel ings for
George Washington and the American Revolution; and
WHEREAS, the Statue of Liberty was given as a g1ft
from the French people to the American people; and
WHEREAS, the American people came to the aid of ..France
in World Wars I and II.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
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Regular City Council Meeting, July 10, 1989
Section 1. . That the city of West University Place
congratulates the city of Saintes and the country of
France on the 200 years of government under the Republic of
France.
Section 2. It is further resolved that the 14th day
of July in West University Place will be officially
declared Bastille Day in the city of West University
Place in honor thereof.
Section 3. It is further resolved that on the 14th
of July in West University Place, the city will urge all of
its citizens to take a moment to remember the times and
events which are herein set out.
Section 4. All res~lutions and parts of resolutions
in conflict herewith are hereby repealed to the extent of
the conflict only.
Section 5. If any word, phrase, clause, sentence,
paragraph, 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 6. 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 dur.ing such~discussion,
consideration and action. The City Council ratifies,
approves and confirms such notices and the contents and
posting thereof.
PASSED AND APPROVED this 10th day of July,
1989.
Voting Aye:
Voting No:
Absent:
Signed:
Laura C. Higley
Mayor
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Regular City Council Meeting, July 10, 1989
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ATTEST:
Approved as to .Form:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City Attorney
(SEAL)
Motion was made by Councilmember Hell, seconded by Councilmember
Jenkins, that Resolution Number 89'-10. be adopted as presented.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
REMODELING OF DISPATCH OFFICE: Consideration was given to staff1s
recommendation in connection with bids received for remodeling the
dispatch office.
Bids were ,received on June 22, 1989, as follows:
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Bidder
Amount,Bid
AlA Engineers & Contractors Inc.
15615 Silver Ridge
Houston, Texas 77090
$ 9,000.00
Hummel Construction,
6130W.34th
Houston, Texas 77092",:
$ 13,664.00
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!twas.the recommendation of staff to award the contract to the
low bidder, AlA Engineers ,and' Construction, Inc., at the bid
amount of $9,000.00~
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After discussion, motion was made by Councilmember, Bell, seconded
by Councilmember Jenkins, that City Council table the item at this
time and place it on the next workshop session for discussion.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None,
None
Voting No:
Absent:
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CODE ENFORCEMENT PROCEDURES: Cansideration was given to adopting and
approving Code Enforcement Procedures relating to the Building
Code, Housing Code , Plumbing; .Code" Zoni ng Ordinance, Heal th
Ordinances and OtheriSimi'lar Ordinances Usually Administered by
Non~Police Departments.
Mayor Higl ey presented the, procedures, as follows:
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Regular. City Council Meeting, July 10, 1989
CODE ENFORCEMENT PROCEDURES
APPLICATION: Building Code, Housing Code, Plumbing Code,
Zoning Ordinance, Health Ordinances And Other Similar
Ordinances Usually Administered By Non-Police
Departments
WARNING PROCEDURES
When a possible violation is reported by a citizen or
is otherwise detected, the usual first step is to
issue a 1124-hourll warning to the person who appears to
be in the best position to correct the violation
immediately. For example, if there is an active
building project underway, the general contractor
might be in the best position to correct the violation
immediately. Sometimes the owner would be in the best
position, etc.
The warning should be given in a manner likely to
receive immediate attention. Sometimes this will be a
phone call to the home office, if a company is
involved. Someti~es this will be a letter. Whenever
practicable, the notice should be backed-up by a IIred
tagll posted at the site (this would not be a stop work
order, but instead a IInotice of violationll and a
demand that it be corrected within 24 hours).
A warning is not necessary when: (1) a previous
warning for the same or similar violation has been
given to the same person, (2) there has been a recent
prosecution or conviction for the same or similar,
violation, (3) there is an especially serious or
flagrant violation, (4) the violation has already
occurred (already discontinued), (5) it appears that
an alleged violator might flee from the jurisdiction
and not return, or (6) it is otherwise necessary to
take immediate enforcement action. In no event is the
absence of a warning a defense to any enforcement
action. . ,
IIIN THE FIELDII PROCEDURES
If the violation is not corrected after the warning,
the enforcing department shall prepare a certificate
for the Police Department. The certificate shall list
the elements of the alleged offense, and the
certificate must include proof of any elements that
the Police officer'might not be able to detect with
his own eyes (for example,. the lack of permit would
have to be shown by the 'certi fi cate).
The Police Department shall then approach the alleged
violator. If all elements of the offense are
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Regular City Council Meeting, July 10, 1989
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committed 'in the presence of the officer or in his
view, and if the officer can otherwise make a lawful,
cus tod ia 1 a rres t, the: officer may a rres t the alleged
violator..: However, unless it reasonaply, ,ap.pea,rs that
the alleged violator wi 11 not appear for trial, the
alleged vi 01 a tor s ha 11 be offered the cho i ce of
signing a promise to appear. (Note: a new. ordinance
might be adopted to cover this situation by. making it
a violation to fail to appear for trial after giving a
'promise to appear. The ordinance wO,uld
supplement--not overlap--the state law on the
subject) .
In either case, the Police: officer shall return the
certificate to the enforc-ingdepartment with a
notation as to the, action taken.
In case all elements of the offense are not committed
in the presence of the Police officer, or in case the
alleged vi 01 atorcannotbe;found ;or .if the officer is
otherwise unable either to make,an.arrest or secure a
promi se to 'appear, the offi cer:s,ha 11 return ,the
certificate to,the enfO:rCingdeparment,whichmay
proceed wi th ,the.)I:ComplaintProcedures 11'1 i stedbe low.
The officer may. ,;,ssue, a violation notice (without
arrests or a promise to appear),~Whichishall be noted
on the certificate.
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The enforcing department shall request that complaints
beprepar.ed and:d5i,led,:whenever ;,an alleged vioJ ator has
been arrested or has signed a~promise to appear. In
case the certificate is returned without an arrest or
promise to appear, the enforcing department may still
have a complaint prepared and filed, and the
department may also ask that summonses be issued by
the municipal court.
. In appropriate cases, the municipal court may 'be asked
to issue warrants. Also, multiple charges may be
filed in case of multiple, or continuing, vjolations.
PROSECUTION PROCEDURES
Cases commenced: as proVided above,would be prosecuted
in the, ususa 1 manner. .51imi 1 ar types of cases, might
be grouped and set for the same night, as is currently
done for the'" hous ingr cases.
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Mati on was made by Councilmember Bell ,seconded. by Counci lmember
Jenkins, that thel.Code Enfo.rcement Procedures be adopted.
Mayor Higley invited discussion.
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Regular City Council Meeting, July 10, 1989
Councilmember Jenkins suggested the following amendments:
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(a) Under the WARNING PROCEDURES section, second paragraph, last
sentence, the sentence read: Whenever practioable, the
notice sAel:i:j.E1 sha.ll bebacked..;,up by a IIred tagU
posted at the site (this would not be a stop work order, but
instead a IInotice of violationll and a demand that it be
corrected within- 24'hours)..
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(b) Under,the IIIN THE FIELDII PROCEDURES section, 4th paragraph,
first sentence to read: In case all elements of the offense
are not committed in the presence of the police officer, or
in case the alleged violator cannot be found, or if the
officer is otherwise unable either to make an arrest or
secure a promise to appear, the officer shall return the
certificate to the 'enforcing department, which fRay ~FeeeeEl
w4tt:l shall follow the IIComplaint Proceduresll listed
below.
(c), Under COMPLAINT & FILING,PROCEDURES section, :2nd sentence, to
read: In case the certificate is returned without an arrest
or promise to appear; 'if an:enforcement action is
nevertheless feasible~'the enforcing department fRay
sHH 1!!ill have a complaint prepared and filed, and the
department may also ask that summonses be issued by the
municipal court. ';"
Motion was made by Councilmember Jenkins that the amendments be
adopted as read. Councilmember Redeker seconded the motion which
carried by the following vote:
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Voting Aye:
Voting No:
Absent:
Mayor Higley,.Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
Mayor Higley called for a vote on the main motion to adopt the
Code Enforcement Procedures.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
Voting No:
Absent:
CONSTRUCTION OF BOOSTER PUMP REPLACEMENT AND INSTALLATION OF
INSTRUMENTATION FOR WAKE FOREST WATER PLANT: Consideration was given
to Monthly Estimate No.3, in the'amount of $5,789.02 submitted by
Long & Son, Inc., for work completed through June 28, 1989, to
fully automate the Wakeforest Water Plant.
Motion was made by Councilmember Bell that City Council approve
for payment Monthly Estimate No. 3 in the amount of $5,789.02 to
Long & Son, Inc. Councilmember Jenkins seconded the motion.
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Regular City Council Meeting"July 10, ,1989
17
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Mayor Higley jnviteddis.cussion.. Councilmember ,Jenkins asked how
City Counci 1 toul d verify the contractor I s statement that the
project was 46.89% complete.
City.s consulting engineer, Dieter Ufer, explained that it was
an arithmetical calculat,ion,of the amount of money that will be
paid at the point of this invoice divided by the total amount. It
is a judgement call onalump""sumcontract that the contractor
submits on a monthly basis. The contractor issues an itemized
list at the ,end of,.eachmontb';j,and,iwrites along .side each of the
items that he has submitted in the schedule, the-percent he thinks
the contract is complete. If you add those up, it comes out to be
a certain percentage..-
,~,:' . :.:"
Hearing no further discussion, Mayor. Higley called for a vote on
the motion.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
SANITARY SEWERRENOVATION~, PRIORHY AREA .1, ,PHASE 3, WEST UNIVERSITY
FIRST SUBDIVISION: Consideration was given to the following
submitted by, Whitelak;, Inc.~, for construction of Priority Area
1, Phase 3, Sanitary Sewer Renovati.on:
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(a), Monthly Estimate .No~, 5 ;,ntheamount ot $105.,615.98 ,for work
performed. through i June;23, '1989,;-and.
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(b) Request for Extension of. Time No.5 for 2 rain days.
Motion was made by Councilmember Bell, seconded by Councilmember
Jenkins, that the items submitted byWhitelak, Inc., be approved
as listed..,
Voting Aye: .
Voting No:
Absent:
<Mayor Hjgley, Councilm~mbers
Redeker, Watson
. None
None
Bell~ Jenkins,
LEGAL SERVICES: Consideration was given to the invoice in the
amount of $4,373.69 for regular legal services rendered on the
cityls behalf for the month of June 1989.
Motion was made by Councilmember Bell, seconded by Councilmember
Jenkins, that City Council approve for payment the invoice in the
amount of $4,373.69 submitted for legal services for the month of
June 1989.
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Voting Aye:
Voting No:
Absent:
Mayor Hi gl ey, Councilmembers B~Jl,. Jenki ns,
Redeker, Watson
None
None
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18
Regular City Council Meeting, July 10, 1989
CITY COUNCIL. MEETING MINUTES: Consideration was ,given to the
minutes ,of the City Council meetings, as follows:
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(a) City Council Workshop Session, June 22, 1989;
(b) City Council Workshop Session, July 3, 1989; and
(c) City Council Regular Session, July 3, 1989.
Motion.was made by Councilmembe,r.J Rede,ker, seconded by
Councilmember Jenkins; th:atthe minutes be approved as submitted.
Voting Aye:
Voting No:,
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None,'
None
COUNCIL COMMENTS:,
Councilmember Jenkins requested that the IIred taglllocations be
listed on the weekly staff reports'. 'I ,..
Mayor Higley expressed her appr.Ei'ciation to ,the Pol i.ce Department
and congratulated them ,for offering shelter to folks stranded in
flood waters during Tropical Storm Allison. One lady gratefully
exchanged her wet clothing for a prisonerls uniform offered to her
by our caring Police Department. The Mayor congratulated the
Operations Department for their assistance on a sidewalk repair
and also congratulated the Recreation Division for a fabulous
4th of July celebration. Over 1,000 people used the pool and
enjoyed hot dogs and watermelon and a record number of people
participated in the Bike Parade.
STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing
further for Council IS consideration at this time.
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ADJOURNMENT: With no further business to come before Council at
this time, motion was made byCouncilmember Bell, seconded by
Mayor Higley, that the meeting adjourn. Such motion carried and
the meeting adjourned at 7:47 p.m.
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,,' , Mayor
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AUdreY~OlS
City Secretary
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CITY COUNCIL WORKSHOP SESSION
THURSDAY, JULY 20, 1989
, ; 'MUNI\CIPAL,.BUILDING
: ,3800' UNIV~RSIl'Y BLVD.
, 'J 6: 00:. P ..M.
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City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Thursday; July 20, 1989, with. the following members present:. Mayor
Higley, ,-presiding; CouncHmenibe,rsJenktns, and. Redeker. "Councilmember
Watson arrived at 6:07 p.m.. Councilmember Bell was absent. Also
pres'ent 'was the City Secre'1iar-:y.;;-;~"c ',; .'t-.", - \1
HEARING OF RESIDENTS:
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John Milner, '5416 iCommunity,addressed Council, concerning the
condition of the street in front of his house. The street has
deteriorated in the~lastfew months; When the new sewer lines
were cons tructed, sand and .1 ;.mestone ,'grave 1 was .used for, fi 11 .
Now there is a 1 1/2 foot deep cut between the level .of the street
and the fill. The situation was brought to the attention of Mr.
Cooper and Mr. Simpson and they advi sed Mr.. Mi 1 ner that the
contractor would contact him to correct the problem.
. '
The easement behind his house has ,not been maintained for
approximately the last four years. The area is covered with trees
and brush; harbors rodents and insects and is a fire hazard. It
was Mr. Milner1s understanding that it was the railroadls
responsibility to clear the easement ,and:he thought they should
keep the area clean. ' , '
Mr. Milner suggested Council consider:an ordinance restricting
trucks of 3 axles or.more from using Community Drive. The trucks
enter Community from Childress Street in Houston.
Mr. Milner also'$uggested an'ordinance be considered. prohibiting
uncovered trailers carrying construction debris.. He thought the
trailers should be covered and the police should vigorously
'enforce the regulation.
Mayor Higley thanked Mr. Milner for bringing these matters to
Council IS attention and assured him'they would be considered for
appropr.i ate acti on. '
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RECESS WORKSHOP SESSION,TO,GO,INTOICLOSED,EXECUTIV[ SESSION
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Mayor Higley recessed the. workshop's,ession at :6:J4.p.m. to go into
closed executi ve sessi on, as. authori zed. by the, Open Meeti ngs Act,
'TEX. REV.'CIV., STAT.' ANN.,.as'::amended, Artic:le.,,6252,-17, Section
2(g), Discussion of Personnel: Interviewing candidates for Boards
and Committees. The City Secretary was excused at this time.
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20
City Council Workshop Session, July 20, 1989
RECONVENE WORKSHOP SESSION
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At the conclusion of the schedu,led, interviews, Mayor Higley
reconvened the worksho~ session: at 6~45 p.m. Staff members
present were the City ,Manager, City Secretary and the Director of
Operations.
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DISCUSS AND CONSIDER AMENDING ORDINANCE NUMBER 1349 RELATING TO
PORTABLE BUILDINGS . ,.
Mr. Bob Lucas, representing Houston Independent School District,
presented proposed amendments to Ordinance No. 134~, as fOllows:
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...Until June 1, 1994, this subseotion does nQt prohibit the,
erection, placement, use or occupancy of a large portable building
by a school district having the power of eminent domain, if all of
the following circumstances are ~resent; (A) the chief
adniinistrative officer of the district has certified to the City
that such building is necessary for :the district to comply with
state-mandated teacher.-pupil ratio requirements, and the district,
based on present plans and proj ect ions, wi 11 make every effort to
remove the additional temporary buildings by May 31, 1994, (B)
the building is located, on a pre-existing school site,,(C) no
more than 12,000 square 'feet ,of gross floor area are included in
portable:buildings, large or small, Dn that site. Article VIII
of Chapter 19 of this Code shall apply to school district
buildings covered by the preceding sentence, and it shall be
unlawful to use the City,streets to move.any such building except
pursuant to a license .and permit issued under such:Article VIII.
Mayor Higley reported she had talked to the City Attorney and he
had no objections to the proposed changes. The Mayor pointed out
that the lIadditional temporary buildingsll refers to the new
buildings the district ,will be bringing in and not the ones that
were.built on site several years ago.
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Mayor Higley asked Mr. Lucas if he had made application for a
hearing before the Zoning,Board of Adjustment. Mr. Lu~as
responded that he had not, but he would tomorrow.
City Manager, Richard Rockenbaugh, advised that if Council wished
to leave the word lIadditionalll in the ordinance, it was the
recommendation of the City Attorney that the City grandfather the
existing temporary buildings. At one time Council considered
requiring all temporary buildings be removed by 1994.
Councilmember Redeker asked Mr. Lucas if the school did not need
the temporary buildings, would the district remove them? Mr.
Lucas stated that the buildings could be moved. Whether they
were needed or not would be determined on the basis of enrollment
in 1994. He assured Council that if the buildings were not needed
at this location, they would be needed elsewhere and would be
moved.
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21
City Council Workshop Sesston, Ju.l:}' 1.20,,',1989
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'CounC'i 1 member Redeker asked if the City; ,coul ~ request, the
buildings be moved if they were not being used. Mr. Lucas
thought the Ci'ty would have that authority.
;~Councilmember Redeker statep she could accept leaving the word
,;Uaddftional" ih theo,rdina'nce.: 0
Hearing no further discuss!i'on', Mayor 'Hiigley asked- for a motion.
Motion ,was made:by Councilmember ;Redeker, seconded by
Counci lmembet" Watson ,:::that ,Ci,ty' Counci 1 approve the rproposed
amendment to the ordinance relating to portable buildings, ~s
follows, and instruct the City Attorney to prepare the ordinance
for signature.
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...Until June 1~ 1994~ this subsection does not prohibit the
erection, placement, use or occupancy of a large portable building
,by; a 'school district having the power of eminent domain, if all of
the following circumstances are present; (A) ,the chief
administrative officer of the district has certified to the City
tha,t such building is llI!C~eRUy .necessary for the district to
comply wi th state-mandated :teacher-pupi 1 ratio requi rements, and
the district, based on present plans and projections, ~e~ieYes
t~at t~e ~a!Ctae~e ellli~eiR~s wi~~ Rat ee Reeeee eeyaRe ~ay 6l,
1994; will make every,e.ffrirt"to remove the additional,
tern orary buildinQs by May 31, 1994, (B) the building is located
on a pre-ex is t i ng schoo 1 sHe. : C no more than 12,000 squa re
feet of gross floor 'area ,are included 'in portable buildtngs, large
or small, on that site. Article VIII"of Chapter 19 of this Code
shall apply to school district buildings covered by the preceding
sentence, and it shall be unlawful to use the City streets to move
any suchqbuilding except,pursuant to a license 'and permi:t issued
under such Article VIII.
Voting Aye:
Voting No:"
Absent:
Mayor Higley,
Watson
None
'Councilmember
Councilmembers Jenkins, Redeker,
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Bell
DISCUSS AND CONSIDER DISPATCH OFF-ICE REMODELING' .:
Chief of Police, Steve Griffith, was present to'answer questions
concerning the remodeling of the dispatch office. The remodeling
lis required, to house the radio' equipment that is exp,ected to be
'delivered in thenext'fewweeks.,' . ,
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Councilmember Jenkins asked if the:equipment.were smaller than the
existing equipment, and if so, then perhaps the City would not
need all' the cabi net work,. I': ,: ,I' ;
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Steve Griffith responded that the equipment was smaller. The
cabi net; work wi 11 allow ,for.. two pe.ople,to function' .as ~dispatchers
during peak periods... The CitY. expects delivery ,and installation
of the' radi 0 equi pment in 'the next month';,;' ~ W5 thout the remodel i ng,
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City Council Workshop Sess;:on, July 20, 1989
the police department .wi,ll not 'be able 'to use the radio or
computer equipment.
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Councilmember Jenkins stated he did not see that it was necessary
to redo the window to the lbbbyas he was not aware the, Rolice
department had enough walk-ins: to ~arrant changing .thewindow.
Chief Griffith 'explained that the police department has a great
number of walk-ins and the remodeling project will increase the
responsiveness and efficiency of the. dispatch office. The amount
of money for the project' i swith i n the. budget.
Hearing no further discussion,' Mayor Higley called .for a motion.
Motion was made by Councilmember Redeker, seconded by
Council member Watson ,that Ci-ty.Counci 1 accept staffl s
recommendation and award the contract to remodel the dispatch
office to the low bidder, AlA Engineers & Contractors Inc., at
the bid price of $9,000.00.
Voting Aye:
Voting No:
Absent:
Mayor Hi gley, .Counci lmembers Redeker, Watson
Councilmember Jenkins
Councilmember Bell
DISCUSS AND CONSIDER LANDFILL METAL GARAGE
Bids received June 20;1989 for the ~onstruction of the metal
garage at the 1 andfill were as follows:
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'Bidder. Base Bid
Alternate Bid
Hummel Construction $ 32,799.22 .
6130 W. 34th
Houston, Texas 77092
$ 35,929.00
Durotech, Inc. $ 33,294.00
11931 Wickchester Land
Houston, Texas 77043
Pacer Buildings Systems $ 33,897.00,
6000 Waltrip
Houston, Texas 77207
Director of Operations, Curti~ Cooper, advised Council that the
old buildings at the landfill, must be moved in order for the City
to continue burying garbage. Staff proposes a three-bay garage
with electrical outlets and a rest room.
$ 41,794.00
$ 41,929.00
Councilmember Watson asked if staff would consider not having a
cement floor.
Councilmember Jenkins suggested a shell floor would be adequate
and the shell could be easily replaced as necessary. He was not
in favor of spending a lot of money at the landfill.
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City Council Workshop'Session; July 20, 1989
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Mr. Cooper suggested the City has a lot 6fmoney invested in the
equipment which has been ,vandalized in the past. ,The garage with
a concrete fl,oarwdul dtprovide the necessary protection for the
equipment.
CouncilmemberJenkins suggested a roof and a strong chain-link
fence mi ght provi de the' necessary protecti on.
Mayor Higley expressed<her concerns, of having a fenced area so
close to the road. She felt itmi~ht be an attractive nuisance.
Councilmember Redeker asked 'how many times the equipment had been
vandalized. Mr. Cooper reported the~worst time. was .when the
equipment was set on fire.
Councilmember Watson recommended staff consider the construction
with the rest rooms and electrical wiring but without the concrete
floor.
It was agreed that Mr. Cooper. would see whether it would be
necessary to rebid the job,without the concrete floor and, if so,
to request bids ana line-item price basis.
DISCUSS AND CONSIDER LANDFILL DETECTOR,WELLS
o
City Manager, Richard Rockenbaugh, reported on the costs to
install the detector wells. It wou~d apparently be worth the risk
to. se 1 ect the detector well s' instead loftnsta Mi n9 the trench.
Staff had prices on labor and materials. There was an advantage
to 'contracting thewor~ out. ',The estimate,-oncityemployees doing
the"work was $4,750.00. According to,onecontractor, Layne
Environmental Services, they can install the wells for $4,500.00.
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Councilmember Jenkins stated he supported installation of the
detector well sra ther than the trench.
, "
Mr~ Cooper asked far Council to authorize staff,to request
~roposals for the project~ Since the cost will run under $5,000,
the City 'would not be required. toadverti se for bids'.'
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Motion was made by Councilmember Jenkins, seconded by
Councilmember Redeker, that City Council authorize staff to
request proposals for the installation of the methane detector
wells and to include the wells on'the closure plan to be submitted
(to the Texas Department of Health.
,Voting Aye: . Mayor' Higley.".Councilmembers Jenkins, Redeker,
Watson .'.',
Voting No: None
Absent: Counci lmember Bell
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24
City Council Workshop Session, July 20, 1989
DISCUSS IGNASH CONTRACT RESTRICTIONS
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The question arose during a prevjousdiscussion as to whether any
of the money received from the Dave Ignash bequest could; be
used for demolition of the JMH grocery store building. Copies
of the Ignash contract, wer~ distributed to Council., One of the
terms of the bequest was that the IIFriends of West University
Parks will match the bequest by raising an equal amount from other
sources before any funds from ,the bequest will be spentll.
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Councilmember Jenkins asked if the bequest intended that the
entire amount needed to be raised 'before expending.iany.of the
money. It was the concurrence o:f the. members of. City Council that
the bequest was so intended. It was agreed to discuss
appropriating funds for the demolition again after bids were
received.
STAFF REPORT - AGENDA REVIEW
Draft copies of the agenda for,Mondaylsregular session were
distri buted for Counci'l'. sJ.review;' Counci lmember Watson asked for
a status report on the JapleyjLunowMaster Park Plan. After
discussion, Mr. Rockenbaugh suggested Council be given a copy of
the TapleyjLunow contract. '
COUNCIL COMMENTS
:- - !
Councilmember Redeker ,reviewed ,the City Manager1s response to
previous Council Comments and questioned the police program
utilizing officers on an overtime basis to work traffic. Mr.
Rockenbaugh suggested a discussion of , both sides of the issue.
The pol ice department" i s i ssui ng the ti ckets, but it is di ffi cul t
to predict the outcome after the violations go to court.
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Discussion was held ,whether a code enforcement IIred tagllreport be
submitted to Council on a weekly or monthly basis. The Chief
Building Inspector requested the report be handled on a monthly
basis to coincide with the monthly report already submitted to
Council. It was decided to include the report on the regular
monthly report.
" >,.,.,
RECESS WORKSHOP SESSION TO GO INTO CLOSED EXECUTIVE SESSION
Mayor Higley recessed the workshop session at 8:12 p.m.to go into
a closed executive session as authorized by the Open Meetings Act,
TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section
2(g), Discussion of Personnel: ,Interviewing Candidates for Boards
and Committees. Staff members were excused at this point.
RECONVENE WORKSHOP SESSION
At the conclusion of the scheduled interviews, Mayor Higley
reconvened the workshop session at 9:20 p.m.
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City Council Workshop Session, July 20, 1989
Q
ADJOURNMENT
With no further,busfness to come before Council at this time,
Mayor Higley declared the workshop session adjourned at 9:23 p.m.
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Audrey N~O s '
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, JULY 24, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:00 P.M.
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City Cauncil convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, July 24,1989, with the following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson.
Also present was the City Secretary.
HEARING OF RESIDENTS:
There were none present who wished to speqk.
RECESS WORKSHOP SESSION TO GO INTO CLOSED EXECUTIVE SESSION
Mayor Higley recessed the workshop session at 6:05 p.m. to go into
a closed executive session as authorized by the Open Meetings Act,
TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section
2(g), Discussion of Personnel: Interviewing Candidates for Boards
and Committees. The City Secretary was excused at this point.
RECONVENE WORKSHOP SESSION
At the conclusion of the scheduled interviews, Mayor Higley
reconvened the workshop session at 6:55 p.m. Staff members
present were the City Manager, City Secretary and the City
Attorney.
DISCUSS STREET REPAIR POLICY
Mayor Higley reviewed the street repair policy where the new
sanitary sewer lines have been constructed. After a visit with
the City's consulting engineer, Dieter Ufer, it was apparent
that many of the streets had a shell base covered by asphalt.
Many of the streets were deteriorating. What the previous Council
decided to do was to pave the streets but only if the City had
enough money. When the streets are resurfaced, it raises the
street's crown approximately 1-1/2 inches. Residents are now
complaining of bumping their cars as they approach their
driveways. A contributing factor is that cars are being built
lower now than they were when the streets were constructed many
years ago. Also the resurfacing has caused puddles to collect in
the streets when it rains. One solution would be to grind down
the streets and resurface, but that is expensive. In the process,
the City may discover problems with the bases of the streets.
The other problem is people are building bigger houses and
landscaping, adding swimming pools and sprinkler systems. These
are contributing to the poor drainage.
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City Council Workshop Session, July 24, 1989
27
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Staff. has advised that touncil may consider spending an extra
$50,000 to gri:nqiPPwn and.resurfac~th~ s tre~ts. . If) .order to
accomp 1 ish thi s ; 'Council wi 11 need to approve a change order on .
the contract in the 'amount of $50,000.00 tonight. This would pay
for resurfacing ,the area, aff~ct~d by the sewer line construction.
Councilmernber Jenkins commented that some resident~ have put a
trench in their driv~way approach to help keep their cars from
scraping. However, the trenches, or fillers, interfere with
drainage.
. Councilmember Bell commented he was not in favor of the trenches
in the driveways and suggested Council consider having the Long
Range Planning Committee study the issue. Councilmember Bell
objected to the use of the driveway fillers and would like to see
them prohibited..."
Councilmember 'Jenkins suggested a survey be done of the residents
on the streets that have been PCived to determine if they would be
willing to pay for n~w curb and gutters.
After further discussion, it was the consensus of Council to not
approve the change order to the contract for the $50,000
resurfacing project.
o
Councilmember Jenkins asked for an estimated cost to replace curbs
and gutters to tell residents when they call.
Mr. Rockenbaughadv,isedthateachstreetis a separate problem and
there is no available pat answer ,to tell residents. TheC i ty
Manager also reported that, at this time, staff was advising
res i dents that they may use ,the,trench or fi 11 er in the dri veway
approach if their cars are scraping.
DISCUSS PORTABLE BUILDINGS.AMENDMENT
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City Attorney, Jim Dougherty, explained that when Chapter Six of
the Code (re 1 at i ng to bu il gi !lgs) Wc;lS rewri tten, it was done so
that it applied to portablebl:lildings whether, they were built on
site or off. si.te.. It ~ffe~tec:l pre:existing buildings that are
portable. As a ,result, whe~.,th~(s!=hool district requested an
amendment to the ordj nance t9dl.ll o~ them tobri n9 in portab 1 e
buildings, :ltwas his recolTImendatjonto cover all the buildings
with the amendment and therebymakeoth~m all legal. The school
di strict,. wanted the' amendlTIe,ntl'to appl.y^ only to the ~ddi tiona 1
buildings which left the old,b,l;Aildings i-llegal.
If .City Council wishes, to let the old buildings stay, Mr.
Dougherty recommended .:to,. WIi,i te the"i amendment. so.. tha t t.he old
buildings are grandfathered in. Therefore, Ordinance Number
1350,i s wri tten for, ;that purpose.< Secti on 1 of Ordi nance 1350 is
as foll ows:
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City Council Workshop Session, July 24, 1989
IISection 1. Subsection (e) of Section 6-3 of the Code
Of Ordinances of the City Of West University Place, Texas
is hereby amended to read in its entirety as follows:
(e) Portable Buildings
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It shall be unlawful for any person to erect, place, use or
occupy any large protable building within the City. This
regulation shall be uniformly applied and enforced without
distinction as to whether the portable building is
manufactured on-site or off-site. All federal, state and
local requirements for construction, inspection, ,
transportation, erection and installation must be complied
with in connection with any portable building. It shall be
an affirmative defense in any proceeding to enforce this
section that the port~ble building in question is: (i)
located in a portable building district, if there is one
established at that time, or (ii) used temporarily in
connection with construction activities for which a permit
is in effect, and the building is neither used for sleeping
quarters nor used for food preparation. Until June 1,
1994, this subsection does not prohibit the erection,
placement, use or occupancy of a large portable building by
a school district having the power of ' eminent domain, if
all of the following circumstances are present; (A) the
chief administrative officer of the district has certified
to the City that such building is necessary for the
district to comply with state-mandated teacher-pupil ratio
requirements, and the district, based on present plans and
projections, will make every effort to remove the
additional temporary buildings by May 31, 1994, (B) the
building is located on a pre-existing school site, (C)
no more than 12,000 square feet of gross floor area are
included in portable buildings, large or small, on that
site. Article VIII of Chapter 19 of this Code shall
apply to school district buildings covered by the preceding
sentence, and it shall be unlawful to use the City streets
to move any such building except pursuant to a license and
permit issued under such Article VIII. This subsection
does not prohibit the continued use or occupancy of large
portable buildings by a sChool district having the power
of eminent domain, if the buildings were in existence on
the effective date of Ordinance No. 1337 of the City Of
West University Place, Texas (relating to buildings,
structures and related regulations, ,etc.) and have not been
substantially altered or moved. II '
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The IIwhereasll clauses reflect the previous action of Council to
handle the school district1s request.
Councilmember Redeker asked i~ the school district had seen
Ordinance 1350 and given their approval. Mr. Dougherty responded
he had not discussed Ordinance 1350 with the district, however,
the language is more permissive than what was previously written.
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City Council Workshop Session, July 24, 1989
29,
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, City Council agreed to consider Ordinance 1350 during the regular
session.
,AGENDA REVIEW
Councilmember Redeker reported she had corrections to the July 20,
1989, workshop session which she would make in the regular session.
RECESS WORKSHOP SESSION TO GO INTO REGULAR SESSION
Mayor Higley recessed the workshop session at 7:25 p.m., to
convene in regular session.
RECONVENE WORKSHOP SESSION
Mayor Higley reconvened the workshop session at 8:00 p.m., with
the following members present: Mayor Higley, presiding;
Councilmembers Bell, Jenkins, Redeker and Watson. Also present
was the City Secretary.
RECESS WORKSHOP SESSION TO GO INTO CLOSED EXECUTIVE SESSION
l
Mayor-Higley recessed the workshop session to go into a closed
executive session as authorized by the Open Meetings Act, TEX.
REV. CIV. STAT. ANN., as amended, Article 6252-17, Section 2(g),
Discussion of Personnel: Interviewing Candidates for Boards and
Committees. The City Secretary was excused at this point.
RECONVENE WORKSHOP SESSION
At the conclusion of the scheduled interviews, Mayor Higley
reconvened the workshop session at 9:14 p.m.
COUNCIL COMMENTS
Written comments were submitted to staff as follows:
Councilmember Jenkins asked why the City was not advertising for
an Assistant Building Inspector, Fire Inspector and Police
Officer. CouncilmemberJenkins thanked the City Manager for
cleaning up 4131 Sunset. However, the contractor left grass in
the streets.
Councilmember Bell requested that his response to Boone
Schwartzel1sletter be typed and distributed to City Council.
Councilmember Bell commented he thought the 'curb repair at Academy
and Browning was not done properly and wanted to know if it could
be redone,.
I~
Councilmember Watson requested that the Director of Operations and
the Chief Building Inspector recommend someone who could review
the City's building code and make suggestions on tightening and
upgrading the language. It was recommended this study be done on
a volunteer basis.
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30
City Council Workshop Session, July' 24, 1989
Mayor Hi gl ey suggested that Russ Schu:l ze be invited to the J------
workshop session scheduled for August 24 and update Council on the
results of the pa'rks survey. Mayor Higley pointed out that the
parks study will be essential in securing donations and grants.
ADJOURNMENT
There being no further business to come before Council at this
time, Mayor Higley adjourned the workshop session at 9:16 p.m.
~~
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Audrey ~OlS~
City Secretary
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REGULAR CITY COUNCIL MEETING
MONDAY, JULY 24, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
City Council convened in regular session in the Municipal Building,
3800 University Boulevard, in the City, of West University Place, on
Monday, July 24, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson.
Also present were the City Manager, City Secretary, City Attorney,
Oirector of Administration, Director of Operations, and the Chief of
Police. Councilmember Redeker delivered the invocation and led the
Allegiance to the Fl dg.
HEARING OF RESIDENTS: Mayor 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.
There were none pres'ent who wished to speak.
11
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor, Htgley invited residents
who wished to address a specific agenda item to speak at this time.
~. --
There were none pres'ent who wi shed to speak <concerni ng an agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Redeker
: requested agendaitemNd. 9, LCity Council Meeting Minutes, be
removed from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Bell, seconded
by Councilmember Jenki,ns, that with. the exception of item No.9,
the consent agenda be approved' in :accordance with staff
recommendation. "
Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins,
Redekefi', Watson
Voting No:, None. ,(
Absent: . None
ORDINANCE RELATING TO PORTABLEBUILOINGS..: Consideration was given
to the first and final.readingofOrdinance Number 1350. Mayor
Higley presented the ordinanc,e, and.. read the caption as follows:
ORDINAN~[ NUMBER 1350
AN ORDINANCE RELATING TO PORTABLE BUILDINGS; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN
EMERGENCY.
....., , l.
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32
Regular City Council Meeting, July 24, 1989
Copies of Ordinance Number 1350, 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.
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Motion was made by Councilmember Jenkins, seconded by Council-
member Redeker, that Ordinance No. 1350 be adopted on first
reading as presented.
Voting Aye:, Mayor Higley, Councilmembers Bell ,Jenkins,
Redeker, Watson
Voting No: None
Absent: None
ORDINANCE RELATING TO MUNICIPAL COURT AND FAILURES TO APPEAR:,
Consideration was given to the first and final reading of
Ordinance Number 1351. Mayor Higley presented the ordinance and
read the caption as follows: .
ORDINANCE NUMBER 1351 .
AN ORDINANCE RELATING TO MUNICIPAL COURT AND FAILURES TO APPEAR
BEFORE SUCH COURT; AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY.
Copies of Ordinance Number 1351, 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.Bell, seconded by'Councilmember
Jenkins, that Ordinance No~ 1351 be adopted on first 'and final
reading as presented.
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Voting Aye:
Voting No:
Absent:
Mayor'Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
PARKS MASTER PLAN: Consideration was given to invoice No. 4 in the
amount of $900.00 submitted by Tapley-LunowArchitects for
professional services in connection with the parks master plan.
Motion was made by Councilmember Bell, seconded by Councilmember
Jenkins, that the invoice in the amount of $900.00 be approved for
payment to Tayley-Lunow Architects.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
, 1
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Regular City Council Meetin'g,Ju.ly24, 1989
33'
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ENGINEERING SERVICES FOR VARlOUSUJILITYPROJECTS: Consideration
was given to the invoices totaling $7,112.73 submitted by Langford
Engineering Inc., for professional services in cpnnection with the
fo 11 owi ng :
i (a) InvoiceNo~,5866 in the amount of $6,073.45 for Phase 3,
Pr.iority Area No.l-, Sanitary Sewer, West University 1st
Subdivision;
(b) Invoice No. 5867-in the amount of $590.44 ,for Study to
Fully Automate Wa,keforest. Water Pl ant; and
(c) Invoice No. 5868 in the amo.unt of $448.84 for Priority
Area 3, Sanitary Sewer.
Motion was made by.Councilmember Bell, seconded by Coun.ci lmember
.Jenkins, that the invoic.es submitted by Langford Engineering Inc.,
be approved forpayment,as'ltsted.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker" Watson
None
None
:! '
o
CITY COUNCIL MEETINGS MINUTES: Consideration was given to the
minutes of the City Council meetings, as follows:
(a) . Ci ty Counc;,l Workshop Session, JuJy 10, 1989; and
(b) City Council Regul.ar'Sessi;on, July 10" 1989.
Councilmember Redeker offered corrections to the July 10, 1989
Workshop Sessi on ,as fo 11 ows: '"
(a) On Page 1, RECESS WORKSHOP SESSION TO GO INTO CLOSED
EXECUTIVE SESSION: The minutes reflect that Mayor
Higley recessed the workshop session at 7+Q6 ~.ffi.
6:05 p.m. to go into a closed executive session---.
(b) On Page 3, DISCUSS DEMOLITION OF THE JMH GROCERY
STORE, 6204 COLLEGE, AND CONSIDER AUTHORIZING STAFF TO
ADVERTISE FOR BIDS: the minutes reflect the following
vote:
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell,
Jenkins, Watson
None
Councilmember Redeker
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Motion was made by Councilmember Redeker, seconded by
Councilmember Jenkins, that the July 10, 1989, workshop session
minutes be approved as corrected.
,;;.,.1.<11'_1_11&
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34
Regular City Council Meeting, July 124,1989.
Vot"ing Aye :~aY9r ,Hi gl ey, 'CQunci 1 members Bell, Jenki ns ,
Redeker, Watson
i Voting No:, None, .,"
Absent: None
I
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Motion was made by Councilmember Jenkins, seconded by Council-
member Redeker, that the minutes of the July"10, 1989, regular
session be approved as submitted.
Voting Aye,:
Voting No:
Absent: '
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
COUNCIL COMMENTS: Councilmember Bell expressed his appreciation to
all the city employees that worked at the city auction and a
specia 1 thank you to S'ergeant Danny Sparks and Superintendent of
Public Works, Jerry Burns. Everyone who attended had a good time
plus the city was able to sell a lot of surplus equipment.
Mayor Higley expressed her thanks to the City Manager for the
report on employee responsiveness. The Mayor commended the
employees for undertaking community'projects and also commended
the wastewater treatment plant personnel for manually operating
the plant 24 hours a day during repair time.
STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing
further for Council IS consideration at this time.
J
ADJOURNMENT~ With no further businesstb come before Council at
this time, motion was made by Councilmember Bell, seconded by
Councilmember Redeker, that the meeting adjourn. Such motion
carried and the meeting adjourned at 7:38 p.m.
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Mayor
fJtr~f~o~
City Secretary ;
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35
D
CITY COUNCIL WORKSHOP SESSION
MONDAY, JULY 31, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:00 P.M.
City Council convened in workshop session in the Municipal Building,
3800 University Boulevard; in the City of West University Place, on
Monday, July 31, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Jenkins, Redeker and Watson.
Councilmember Bell was absent. Also present were the City Manager,
City Secretary and the Director of Operations.
LANDFILL GARAGE: DISCUSS AND CONSIDER REJECTING ALL BIDS AND
AUTHORIZING STAFF TO RE-ADVERTISE FOR BIDS FOR CONSTRUCTION OF THE
METAL GARAGE AT THE LANDFILL
City Manager, Rtchard Rockenbaugh, explained that with Council I s
recommended changes for the construction of the garage, it was
staffl s recommendation that Counci 1 reject all bids and authorize
staff to re-advertise for bids.
o
Motion was made by Councilmember Redeker, seconded by
Councilmember Jenkins, that City Council reject all bids received
on June 20, 1989, for construction of the metal garage at the
landfill and authorize staff to re-advertise for bids on the
project.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmember Jenkins, Redeker,
Watson
None
Councilmember Bell
RECESS WORKSHOP SESSION TO INTO CLOSED EXECUTIVE SESSION
Mayor Higley recessed the workshop session at 6:07 p.m. to go into
a closed executive session as authorized by the Open Meetings Act,
TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section
2(g), Discussion of Personnel: Interviewing Candidates for Boards
and Committees. Members of staff were excused at this time.
RECONVENE WORKSHOP SESSION
At the conclusion of the scheduled interviews, Mayor Higley
reconvened the workshop session at 9:16 p.m..
ADJOURNMENT
With no further business to come before Council at this time,
Mayor Higley declared the workshop session adjourned at 9:20 p.m.
,0"""""""---'
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36
City Council Workshop Session, July 31, 1989
6~
Mayor .
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CITY COUNCIL WORKSHOP SESSION
MONDAY, AUGUST 7>, 1989
MUNICIPAl. BUILDING
3800 UNIVERSITY BLVD.
6:00 P.M.
CityCouncil.convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, August 7, 1989, with .the followtng members present: Mayor
Higley, presiding; Councilmember~Bell ,.Jenkins, Redeker and Watson.
Also present were the City Manager and the City S~cretary.
RECESS WORKSHOP SESSION TO GO INTO CLOSED EXECUTIVE SESSION
Mayor Higley recessed the workshop session at 6:08 p.m. to go into
a closed executive session.asauthorized by th~ Open Meetings Act,
TEX. REV.CIV. STAT. ANN., as am~nded, Article 6252..17, Section
2(g), Discussion ofPersoonel: (a)I'nterviewing Candidates for
Boards and Committees and ( b 1 O;,scuss; Appointments. Staff members
were dismissed at this time.
RECONVENE WORKSHOP SESSION
[
At the conclusion of the scheduled interviews and the discussion
of various appointments, Mayor Higley reconvened the workshop
session. at 10:30 p.m.
ADJOURNMENT
With no further business to come before City Council at this time,
.Mayor Higley declared the workshop. session adjourned at 10:33 p.m.
..~, a~,..'iY.......
. . ' Mayor
~..~
Audrey N~OlS" ".,..."; i
City Secretary i
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38
CITY COUNCIL WORKSHOP 'SESSION
MONDAy, AUGUST 14, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
~
City Council 'convened in workshop session in the Municipal Building,
3800 University Boulevard, 'in the City of West University Place, on
Monday, August 14, 1989, with the following members present: Mayor Pro
Tern Bell, presiding; Councilmembers Jenkins, Redeker and Watson. Mayor
Higley was absent. Also present were the City Manager, City Secretary,
Director of Operations and the Chief of Police.
HEARING OF RESIDENTS
Joan McCay , 3029 Car.negie, addressed Counci 1 concerni ng an oak
tree i~her yard. A pl~mbingcompanywas connecting the sewer
line to a new house next door to her and in the process cut a
large root from her oak tree. Ms~-McCay was concerned the tree
had been damaged. She stated the plumbing company trespassed onto
her property to make the cut. Ms. McCay urged Council to
consider enacting ordinances and provide for fines to protect
residents from abuse from construction contractors.
Mayor Pro Tern Bell advised that Council had enacted ordinances
with strong code enforcement provisions for the purpose of
protecting residents adjacent to new house construction sites.
Mayor Pro Tern Bell referred the matter to the City Manager to
determi ne the extent "of damage at Ms. McCay 1 s res i dence.
Adelle Pittman, 6501 Vanderbilt, expressed concern over the
new house at the corner of Buffalo and Cason. The owners faced
the house onto Cason and built the garage so that it protrudes
but in front of the other houses that face Buffalo. The garage
blocks the front yard of the house next door on Buffalo Speedway.
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City Manager, Richard Rockenbaugh, advised that the property owner
appealed to the Zoning Board of Adjustment to leave the garage,
however, the decision of the ZBA was that the garage would have
to be moved.
Mayor Pro Tern Bell explained that the stde lot line in this case
was along Buffalo and that side lot lines have different criteria
than a front building line. Mayor Pro Tern Bell assured Mrs.
Pittman that staff would respond to her questions.
Pat Malone, 2931 Quenby, responded to an article in the West
U Magazine about trees and asked what the city was doing~
protect the trees.
Mayor Pro Tern Bell advised that members. of the Parks Board are
scheduled to meet with City Council on August 24 to discuss parks
1
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39
City Council Workshop Session, August 14, 1989
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and trees and suggested thosei.nterested might want to attend that
meeting.
Councilmember Redeker suggested staff provide Ms. Malone with a
copy of the. tree ordinance.
One resident, 3821 Northwestern, suggested that it would be
helpful to have an ordinance requiring that trees be replaced when
they are cut down.
Mrs. Pittman volunteered she understood there was a ,permitting
requirement before any trees maybe removed.
Pat Malone asked why the meter reader was reading meters on a
Sunday and if he got paid overtime. Directar of Operations,
Curtis Cooper, explained that when there is a total ,rain-out day,
the meter reader is sent home and does not read meters that day.
Then he comes back on a clear day and reads the meters, but he
does not get paid overtime.
AGENDA REVIEW
Councilmember Jenkins commented that on the city attorneyls
invoice there were three items for which he wanted copies. (1)
Item dated 7/3: prepare penal code and code enforcement handout
materials for meeting; (2) dated 7/17: conference with D. Sims re:
litigation updating procedures; and (3) De Trapani case and
proposed procedures.
The regular meeting agenda was accepted as presented by City
Council.
PRESENTATION AND REPORT FROM CHIEF OF POLICE
Chief of Police, Steve Griffith, presented his views on traffic
control and the goals and objectives of the police department.
Traffic control increases neighborhood safety and the citizens'
perception of security. The goals and objectives of West
University Police Department are not necessarily to increase
revenues. We see a need for services beyond traffic control. If
the department requires so many tickets be issued a day, it takes
the focus off citizen needs. Traffic concerns are usually related
to traffic volume. However, accidents are down 31% for this year.
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Councilmembers asked questions and made comments concerning the
department1s activities. Questions were asked about the traffic
overtime program and revenues. Concerns were expressed about the
reputation of the department as to its IItoughnessll in enforcing
traffic laws. Questions were asked about the number of marked and
unmarked vehicles and how many vehicles were used during a shift.
Increased police visibility was strongly encouraged.
Councilmembers expressed concern over the number of cars parked at
the police department during the day.
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40
City Council Workshop Session, August 14, 1989
Chief Griffith brought up the IIMonthly Blotterll and discussed its
purpose which is to increase the level of awareness of the
residents. The plan was to start the IIMonthly Blotter" with .--.-i
general information and to follow up with specific problems and
their location in the city. It was suggested the specific
information might be beneficial now to the residents. Cost of the
IIMonthlyBlotterll was discussed. Staff will soon complete the
cost determination and have that information available.
It was the consensus of Council to consider increasing the
overtime program on traffic control and police visibility and to
consider the police goals and ,objectives again during the
budgetary process.
Chief Griffith distributed the Police DepartmenVs Goals and
Objectives to City Council.
ADJOURNMENT
With no further discussion offered at this time, Mayor Pro Tern
Bell adjourned the workshop session at 7:25 p.m. to go into
regular session.
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41
REGULAR CITY. COUNCI~ MEETING
MONDAY, AUGUST 14, .1989,
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
CityCouncll convened in regular sessi'on in the Municipal Building,
3800 University Boulevard, int~e City of West Univer.sity Place, on
Monday; August 14,1989, with the following members present: Mayor Pro
Tern BelT, presiding; Councilmembers Jenkins~ Redeker and Watson. Mayor
Higley was absent. Also present were the City Manager, City Secretary,
City Attorney, Director of Administration, Director of Operations, and
the Chief of Police. Councilmember Watson delivered the invocation
and led the A 11 egi ance to the Fl ag ~
MayorP,Y'o Tern Bell asked fora. moment of sHencein recognition of the
tragic death of Congressman Mickey Leland.
INTRODUOTION OF NEW PERSONNEL: Director of Administration, Donna
Sims, introducedCynthi'aSylvas, Deputy Clerk of the Municipal
Court. Director of Operations, Curtis Cooper, introduced Lisa
Davis, Community Building Manager, Kimberly Hrown,Secretary for
the Community Building and dohn,Dennis,Code Compliance Officer.
Chief of Police, Steve Gtiffith, ' introduced Jack Frisbey, Police
Officer. City Council welcomed the new members of staff.
HEARING OF RESIDENTS: Mayor Pro Temc'Hell invited residents to speak
who had matters they wi shed to' 'brhig to the attention of the City
Council whi ch had not! pre\dously ,been submitted'to the Ci ty
Manager ~ ' .. I."
There were none present who wished to speak.
;
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Pro Tern Bell invited
residents who wished to address a specific agenda item to speak at
'this time.
.. L',
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There were none present who wished to speak concerning an agenda
'1tem~ ,.',';. "" ;~ j"." ,,' '1, ,,' ,'j. l"'~ ) ..
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ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Council suggested<removing an,ltem from the consent agenda.
CONSENT AGENDA: Motion was: made by Council member Redeker, seconded
by CouncilmemberWatson, that the consent agenda be approved in
accordance with staff recommendation.
i
Voting Aye:
Voting No:
Absent:
Mayor Pro Tern Bell,
Redeker, Watson,
None
Mayor Higley
Councilmembers Jenkins,
~,---- ,
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42
Regular City Council Meeting, August 14, 1989
FRANCOPHILE COMMITTEE: Michael L. Parks, Chairman of the
Francophile Committee, brought greetings from the sister city,
Saintes, France. He reported that on July 14 in Saintes there was
performed a formal ceremony in wh,ich the City of West University
Place and the City of Saintes were united as sister cities. Mr.
Parks presented gifts to City Council and the City from the Mayor
of Saintes. A Friendship Pact poster was presented with the
signatures of Michel Baron, lord Mayor of Saintes; Michael L.
Parks, Ambassador Honorifique Representative of Laura H.igley,
lord Mayor of West University Place, and Colonel Lebe,
Representative of the,United Towns Organization. Micha~l Parks
described the festival he attended while in Saintes where there
were fourteen countries represented. Mr. Parks invited
sub-committee chairpersons tor~port~on their activities.
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Skip Britton, 3609 Albans, r.eported on plans to bring a chef
from France to do a demonstration for the University of Houston
students. The university is.helping to promote the event.
Beth Ann Bryan, 3410 Robinhood, reported plans to host, with the
Village Association, events for the French to market th~tr~ares.
The French are scheduled to visit here in the Fall. Otner events
may include folkloric dancers and ~dult puppet shows. There will
be fund raising events. Ms. Bryan saw the events as an,
opportunity to develop a cultural atmosphere, benefit the
children, create more possibilities for cultural exchange and
student 'exchange.
Sonia Benjamin, 2715 University, reported she will be planning
some outings for the vlsitors fl?pm,France and acquaint them with
the Utruell Texas culture.. There ,wi lJpe artistic tQurs,pf museums
and galleries, the Space Center, ~nd the Galleria.
Michael Parks ended the pr.es~ntation with the report th~~
Jean-Claude Lurie was working on housing and student
exchange. . ,
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Mayor Pro Tern Bell thanked Mr. Parks for the gifts and the
committee members for their reports.
'; :
MARK KILROY FOUNDATION RESOLUTION: Consideration was giv~n to the
following resolution in support of a strong national drug policy:
RESOLUTION NUMBER 89-11
WHEREAS, the tragic death of Mar.k Kilroy and the
deaths of fourteen other men who were found buried in
Matamoros, Mexico, has focused the attention of the
entire world on the drug crisis that faces our nation;
and
WHEREAS, illegal drugs are everywhere--big cities,
small towns, the countryside; and
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Regular City Council Meeting, August 14, 1989
o
WHEREAS, many young peopl e use ill ega 1 drugs casually
thinking they will not become addicted and they are not
concerned with the possibility of addiction;. and
WHEREAS a new national drug policy will be announced
on September 5 and the decisions that will be made in
formulating this new policy are critical to provide a
strong drug pol icy to start contro 11 i ng the great drug evi 1
and its countless tragedies. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Secti on 1. That the City Counci 1 of the City of West
University Place supports a strong national drug policy
that will aggressively attack this dreadful enemy that ,is
destroying our nation.
Section 2. That the members of City Counci.lurge our
citizens to become .aware of the urgency and~he need fqr
their participation to demand a strong drug policy and
wr ite to
o
William J. Bennett, Director of National Drug
Control Policy
Executive Office of the President
Wasbi ngton, _DC 205QO '
to support the message IIwe have had enoughll.
Section 3. All resolutions and parts of resolutions
in conflict herewith are hereby repealed tQthe ;extent of
the confl i ct only. ' d "
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Section 4. If any word, phrase, clause, sentence,
paragraph, section or;other par-tof this resolution or the
application thereof to any person orcjrcumstance, shall
ever be held to be invalid or unconstitutional by any court
of competent jurisdiction, the'remainder of this,resolution
and the appl i cati on of sucn, word"phrase , cl ause, sentence,
paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected
thereby.
Section 5. The City Council officially finds,
determines and declares that, a sufficient written not.ice of
the date,. hour, pla:ce. and subject of each meet~ing at which
this resolution was discussed,cons.idered,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 bee;n;open to the pub 1 i c as
required by law at all times during such d,iscussion,
consideration and action. The City;,Council ratifies,
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Regular City Council Meeting, August 14, 1989
approves and confirms such notices and the contents and
posting thereof.
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PASSED AND APPROVED this the
August. , 1'989.
Voting Aye:
Voting No:
, Absent:
14th
day of
Signed:, .
Buddy Bell ,Mayor Pro Tern
ATTEST:
Audrey Nichols
City Secretary
Approved as to Form:
(SEAL)
James L. Dougherty, Jr.
City Attorney
Motion was made by Councilmember Jenkins, seconded by
Councilmember Redeker, that Resolution 89-11 be adopted as
presented and read.
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Voting Aye:
Voting 'No:
Absent:
Mayor Pro Tern Bell, Councilmembers Jenkins,
Redeker, Watson.
None'.
Mayor Higley
BOOSTER PUMP REPLACEMENT AND INSTALLATION OF INSTRUMENTATION FOR
WAKEFOREST WATER PLAN: Consideration. was given to the following
submitted by Long & Son, Inc:
(a) Monthly Estimate No~ 4 in the amount of $35,304.64 for work
completed through July 31, 1989, to automate the Wakeforest
Water Plant; and
(b) Change Order No.2 in the amount of $1,661.66 additional cost.
Motion was made by Councilmember Redeker, seconded by
Councilmember Watson, that City Council authorize payment of
Monthly Estimate No.4 in the amount of $35,304.64 to Long & Son,
Inc., and approve Change Order No.2 to the contract.
Voting Aye:
Voting No:
, Absent:
Mayor Pro Tern Bell, Councilmembers Jenkins,
Redeker, Watson
None
Mayor Higley
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Regular City Council Meeting, August 14, 1989
45
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SANITARY SEWER RENOVATION, PHASE 3, PRIORITY AREA 1, WEST UNIVERSITY
FIRST SUBDIVISION: Consideration was given to Monthly Estimate No. 6
in the amount of $180,690.99, submitted by Whitelak, Inc., for
work performed through July 25, 1989, on the sanitary sewer
renovati:on project.
Motion was made by Councilmember Redeker ,seconded by
Councilmember Watson, that Monthly Estimate No.6 in the amount of
$180,690.99 be approved for. payment to White 1 ak, Inc.
Voting Aye:
Voting No:
Absent:
Mayor Pro Tern Bell, Council members Jenki ns,
Redeker,:Wats,on
None
Mayor Higley
LEGAL SERVICES: Consideration was given,to the invoice in the
amount of $3,140.37 submitted.'for,Tegular legal services rendered
on the city's behalf for the month of July, 1989.
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Motion was made by Councilmember Redeker; seconded by Counci 1-
member Watson, that City Council approve for payment the invoice
in the amount of $3,140.37 for. legal. ;services provided for July,
1989. ";
[1
Voting Aye:
'Vati ng No:
Absent: "
(.'- ')
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Mayor Pro Tern Bell,
Redeker;, 'Watson
None "
.sMayeriHigley, ( .
Councilmembers Jenkins,
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ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration
was given to lnVOlces totallng $9,016.6b submitted by Langford
Engineering, Inc., for the following projects:
Invoice No. 5891 in the amount of $2,045.73 for Priority
Area No. 3 Sanitary Sewer Renovation;
Invoice No. 5892 in the amount of $444.90 for Study to
Fully Automate Wakeforest Water Plant; and
I nvoi ce No. 5893 in the amount of $6,526,. O? for Phase 3,
Priority Area 1, Sanitary Sewer Renovation.
(a)
( b-)
(c)
Motion was made by Councilmember Redeker, seconged.by
Councilmember Watson, that the invoices submitted by Langford
Engineering, Inc., be approved for payment as listed.
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Voting Aye:
Voting No:
Absent:
Mayor Pro Tern Bell, Councilmembers Jenkins,
Redeker, Watson
None
Mayor Higley
CITY COUNCIL MEETING MINUTES: Consideration was given to the City
Council meetlng mlnutes, as follows:
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Regular City Council Meeting, August 14, 1989
(a) City Council Workshop Session, July 20,1989; . ,
,(b) City Council; Workshop Session, July 24, 1989;
(c) City Council Regular Session, July 24, 1989;
. (d) City Council Workshop Session, July 31,1989; and
,(e) City Council Workshop Session, August 1,1989. '
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Motion was made by Counci lmemberRe.deker, seconded by
Councilmember Jenkins, that the minutes be approved as submitted.
Voting Aye:
Voting No:
Absent:
Mayor ,Pro Tern Bell, Councilmembers Jenkins,
Redeker, Watson
None'
Mayor: Hi g,l ey
COUNCIL COMMENTS: Councilmember Jenkins stated he would like to see
the minutes submitted in a more timely manner.
STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing,
further for Council IS consideration at this time. His report was
the introduction of new personnel.
ADJOURNMENT: With no further,'bus'iness to come before City Council
at this time, motion was made by Councilmember Jenkins, seconded
by Councilmember Redeker, ttlilt,the'meeting adjourn. Such motion
carried and the meeting adjourned at 8:07 p.m.
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Buddy Bel
Mayor Pro Tern
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AUdre~o 1 s-
City Secr tary ,
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'CITY COUNCIL WORKSHOP SESSION
THURSDA Y, .AUGUST 24, 1989
MUNICIPAL .BUILDING
3800 'UNIVERSITY BLVD.
" 7 :00 P .:M.
City Council :Convened in workshop session in the Municipal Building,
3800 University Boulevard~ in the Cityof'West University Place, on
Thursday, Augu"st 2'4', 1989, with >the;,folilowing members present: Mayor
Higley, presiding;C'ounc,ilmembers:Bell(;~'Jenkins, Redeker and Watson.
Also preserrt were the City-Manage~,'Assistant City Secretary, Director
of Administration and the Director of Operations.
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HEARl NG OF:RESIDENTS:
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John Mixon, 3211 Pittsburg, Bddressed Council concerning a
recommenda t ion ,i n · connect ion' w.j.th . the Harri,s County, Tax Appra i sa 1
Di s tri ct. He recommended ;~GC!iunc,il\ use iits, offi ci a 1 pos i't i on to obta in
from the district certain information that would be of benefit to the
citizens of the city who 'appear before the'district.to contest the
appraised value ofitheior,property." It.is apparent.that the appraisal
district has reappraised the value of ,the residential property in West
University Place dramatically upward. As painful as it is, the
adjustment in most cases is justified by the market value test. In
some cases, however, the adjustment ;is based on erroneous information
and is subject to legitimate questi,on :anddownward adjustment. Herein
1 ies the problem. Mr. Mixon stated:'he .had:foundthat the .attitude
and behavior of both staff and management of the Harris County
Appraisal District is most unhelpful iwhen.people make their appeals.
There is information that can be obtained~t the district office that
is useful and, in fact, is necessary ,for a successful appeal. The
district officials will provide this information if, and, only if, the
applicant persists in demanding it and knows what to ask for. The
overall atmosphere .at the~district is not conducive to a'taxpayers
preparing a rational appeal. The general ,hostility and adversarial
environment can intimidate many taxpayers. Mr. Mixon recommended
that the' City as acontractin9 agency with_the appraisal district
obtain'from the district the following items: ,.
(1) A complete tax roll for all properties in the city in the
same street address form that is maintained by the district.
(2) The appraisal map showing the comparable districts for
!lPprai sa 1 purposes. This map.'i s ess'enti a'l for val uecompari son
p'urposes, but di stri ct offi cia ls refuse to allow vi ewi ng, except
upon direct demand.
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(3) The list of comparable sales that the district keeps on all
properties within the city. This list is constantly updated and
the district should make copi,es available to the: ~City of West
'Unhe.rsity Place on .at leas,t a quarterly basis.
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48
City Council Workshop Session, August 24, 1989
Mr. Mixon recommended these materials should be placed in the
local library and at cityha,ll '.for any citizen who wants access.
There is one additional matter that would be a great help to
persons who seek to appeal ,-their tax appraisals. The district
maintains a computer dri.venformula for appraisal that feeds in
several factors in making a final appraisal. These factors really
determine the valuation for properties in the district. The
factors are to some extent revealed in the evaluation statements
for each property. Some ,coded factors are self evident. Some are
not. Many of the over ival;uaUons :are a r.esult oJ errors within
the district1s ownsystemi mostly as to square footage of houses.
It would be very helpful to ,have avai,lable,a description of the
appraisal factors,. the formula for each appraisal sub-;di.s:trict and
the definition of the terms that appear on the individual
valuation list. These factors include, amongothers~ the lot, the
structure of the house, its general condition, etc. Mr. Mfxon
distributed a copy of. his remarks to the Mayor. Protesting for
th is year' hasbee,n camp l'eted, ! ,bowever. ,- Mr. ' Mixon recommended the
informati'on be available for next year,.
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City Council was agreeable for staff ,to write and request the
information. Mayor Higley expresse.d CQuncill,s appreciation to Mr.
Mixon for his time and the work he has done to help the citizens
of the City. '
The'City Manager advised thatthe"tax roll was available at city
hall, but the Director of Administration would write the appraisal
district for the other materials.
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. INTRODUCTION OF VISITORS FROM THE SISTER GITY, SAINTES, FRANCE
Michael L. Parks, Chairman of the Francophile Committee introduced
Monsieur Paul Baumann, President of the Saintage-West
University Foundation and Madame Marie Avojre, President of the
Cognac Association and representative of the Saintage-West
University Foundation.:
Mayor Higley thanked Monsieur Baumann and Madame Avoire for
coming and expressed her appreciation for the gifts. City Council
was honored at their visit and looked forward to working with them
in the future.
REPORT ON PARKS SURVEY
Dave Agerton began reportihg on the parks survey. City
Council, received reports previous to the meeting concerning the
survey and meetings of the Parks Board. Mr. Agerton invited
comments and suggestions from Council in connection with the
survey.
Mayor Higley was pleased with the response to the survey, but
thought that, percentage wise, the response was low. However,
jogging, sidewalks and protection of trees appeared to be
important to those reporting.
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City Council Workshop Session, August 24, '1989
49
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Russ Schulze arrived and expJained that he would like to discuss
the park study, that is being done and, theciti z.en feed-back from
. the survey ,on parks ;';.nge.n'er:a,l and 'a 1 so the one ,specifically
address i ng Co loni a 1 ;Pa,t.Jk:improvements. The other subject he
wished to discuss was the green space fee.
Comments from'Councilmembers, express:ed disappointment in the
pe.rcentage of the responses 'and specifically the lack .of response
from senior citizens. The opinion was that over the next ten to
twenty years, the percentage of seniors would increase. It would
be beneficial to have responses from seniors to apply to the long
'range park plan. It was agreed that sidewalk repak, street
maintenance and bike routes were significant:'areasto be
,addressed. Mr. Agerton felt, thee'survey revealed a response
indicative of ~he senior citizens~ '
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A ~uestion arose as'towhetherthe response indi~ated those
interested in improving existing parks or adding new ones. Mr.
Agerton stated there were,a~numberof'people in favor of
:.improving existing parks~ Protection of trees was an overwhelming
response and the overall response was favorable to recycling and
,;applying the funds from recycling to parks.
The members of Council'~oncurred that the park plan should be able
to accommodate the present age group but have the flexibility to
change the nature of the parks,as.,the users age.
Mayor Higley recommended, wit~ the concurrence of Council, that
the Parks Board come.back,to Council at some future time with
r.eoommendationsconc~rning a' sidewalk replacement program, bicycle
safety, pl ayground: equipmentilsafety, basketball goals, and other
recommendations gathered from the park study, the survey and
additional comments received from residents. The Parks Board were
to prioritize these recommendati@ns'. ;. Then ,City Council could
begin working on those recommendations.
GREEN SPACE FEE
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Mayor Higley suggested Council cons:ider, discussing the green space
fee and asked Mark Spradling. and Reid Wilson to join the
discussion.
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Russ Schulze reported that the green space fee has .had a
favorable response. Mark Spradling researched the way the fee
would work. It is proposed to charge 20t per square foot of new
living space and apply the funds, to parks. ,
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Mark Spradling' stated that~ there: was, a :concern that'legislation
enacted in 1987 mi ght -restri:ct impact tees such as the proposed
green space fee. However, the new law did not address parks and
it was concluded the the restriction on the 'ability to impose
impact fees did not apply to parks.
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50
City Council Workshop Session, August 24, 1989
City Council reviewed the proposal and discussed how the money
should be spent. Did they propose to spend the money on acquiring
parks or improving parks. Mr~Spradling suggested that how the
money is spent would be Council IS decision.
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Discussion was held as to whether it might be appropriate to
reserve a certa in percent; for 'streets and s'i dewal ks since the
survey showed these items to be of importance to residents.
Mayor Higley recommended Council request the City Attorney to
prepare a draft ordinance for review at the next workshop
session. It was the consensus of Council to proceed with the
development of the ordinance.
PRESIDING JUDGE MICHAEL SCHNEIDER: MUNICIPAL COURT PERSONNEL
PRESENTATION .
Judge Schneider greeted City Council and introduced the
municipal court personnel. Biographical data sheets on the judges
and prosecutors were distributed to the members of Council. Judge
Schneider expanded on the experiences of each one. Those
present from the municipal court were Judge Schneider, Tom
Taylor, Associate Judge; Gordon Dees, Associate Judge; and
Candelairo Elizondo, Chief Prosecutor.
Judge Schneider pointed out that all the personnel live in the
City of West University Place. Jhereis not requirement for
residency, however, it was believed to be a benefit to the .
community. The jurisdiction of the court is in criminal cases,
but the court also has jurisdiction over city ordinances. Judge
Schneider reviewed the workings of the court as the cases were
brought before it.
Mayor Higley reported what she understood to be the court
procedures for code violations. Judge Schneider explained that
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City Council Workshop Ses:sion, Augus:t 24,. 1989
51
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,there was nO'"policyreg,arding a/first viplatiqn of ,the code. If
the defendant does ',not appea-r ,in court at the appointed time, the
court can not try a case,in ,a,bsentia.: In,su1cha case, a failure
to appear is issued which is a separate violation and the
defendant will have ,to answ~,r; to;"t,h,at{-qt~;ome, P.Dli,ntin time. Code
,vio.lations require the Gity,.,give notice, t<;>the violator and allow
.' a ,s'pecified time frameJn whi<::h ,to r~medy ~.he', sftuation. If that
noti ce were not gi ven, it wou'l d .be a 1 ega 1 defense when the
defendant comes to. court that the City did not give proper
notice. There is a pro,b.lem'in knowing whom to cite where the
complaint is trash ,le,ft ,at'a,.construction site.
Other aspects of the court proceedings were discussed such as the
defensive driving course, proof of insurance and pr06f o.f drivers
license. . '
Mayor Higley thanked the' court personne'l for their time.
COUNCIt COMMENTS
c
Councilmember Jenkins suggested that the suggestions, complaints
and comments column be repeated in the City Currents at least
periodically. It was decided to repeat the column on a quarterly
basis.; Councilmember Jenkins asked that the calendar be put back
in City Currents.
Councilmember Jenkins suggested the Inspection Division require a
simple drawing, 8 1/2 by,l1,-ofnew,construction, be 'posted at the
construction sites which would show how close the building will be
to the adjoining property lines. . Mayor Higley suggested that the
Chief Building Inspe~torbe asked tor a recommendation concerning,
the ~rawing. CouncilmemberJenkin~recommended the cont~actors
provide the drawing.
Councilmember Jenkins askedthe'status o~the demolition of the
JMH Property. City Manager, Ric;:hard Rockenbaugh, advised that
staff was still working on ,the-specifications, for the demolition,
but, they. shoul d be completed: soon.
Councilmember Jenkins asked that the:minutes of council meetings
be issued before the fo 11 owi ng meeti ng'. Mr,. Rockenbaugh exp 1 a i ned
that the minutes had to be approved at regular meetings. If there
are several meetings between regular meetings, Council will have
several sets of minutes~
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Councilmember Jenkins requested staff advertise for building
inspector position. . Richard Rockenbaugh explained: that the city
advertises and uses the city logoionthe ad in many cases. The
building inspector position has been adverti.sed' and staff is in
the process of attempting to offer the job to a candidate. The
person staff was initially talking:toaccepted another .job with
another city. Staff then received a resume from another person
who has a great deal of potential and staff is in the process of
offering the position tQjthat person.
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City Council Workshop Session, 'Au'gust 24, 1989
Councilmember Jenkins a'sk'ed fOr a report on the City usfng a
payroll servi ceo The: City 'Mana'ger iidvi sed that the report was
complete and 'ready to 'be di:stributed'. '
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Counci lmember :JenHns 'a\sked that 'po li ce pol icy' be' p'l'aced on the
next workshop agenda).., . After \di SCU1ss'l'on, it was the consensus of
Counci 1 ; to nave pol ice pol i oy On ;the' agenda ,for the, next workshop
session s'cheduled for September 7; 1989.
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Mayor Higley stated she had diV'ided,into groups the comments
received from the City :Currents ~and 'distrilJuted them to the
members of Council and to staff for handling.
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Mayor Higley asked,the City Manager 'to thank 'Mr. Perry for
volunteering to drive the seniors.
Councilmember Redeker stated she had complaints from residents
along Westpoint Street about the resurfacing of the street. The
process creates a dust problem. Councilmember'Redeker suggested
Council review the street maintenance program and urged
Consideration be given to finding a better solution than~what is
currently done. .
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Counctlmember Redeker stated 'shereceived a complaint that the
police were in the Village on a noise complaint. Mr. Rockenbaugh
explained there was a band playing loudly and a resident called
the police department.' The -police went into the Village and asked
the band members to tone it down.
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Councnm~mber Bell suggested'.that if ,the City would buy the
asphalt, the county mi'ght assist with the street paving. Richard
Rockenbaugh advised that staff was working with the county on
several programs for street work.
Councilmember Bell suggested the City consider purchasing a
chipper machine for limbs. He thought it might be:'a more
efficient method than loading the limbs to the landfillw Richard
Rockenbaugh explained the City had a chipper in the past, but it
was not as efficient as using the packer truck. When the other
trucks are functional, then- the City can keep up with the demand.
The' packer truck has proven to be;agreat deal more efficient than
the chi'pper.
Councilmember Bell asked why the City did not recycle magazines
and.it was decided that there was not a market for magazines.
Councilmember Watson expressed his concern over the street topping
on Mercer~ It appears to be torn up at Carnegie and
Mercer. He was concerned that the street topping was not going
to last~ Mr. Rockenbaugh advi~ed that it was desi~ned to last
approximately three years~
Cou~cilmember Watson ask~dtf'the final list of board and
committee appointments would be distributed. Mr. Rockenbaugh
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City Council Workshop Session, August .24, 1989
53~ .'
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advised the listswou,ld be in Council's packet ,for the next
meeting. " .,,' '
Councilmember Watson inquired if the Parks Board was satisfied
with what Council had done. It was the consensus of Council that
the amendments to the bylaws and the Articles of Incorporation
reflected the wishes of the Parks Board.
AGENDA REVIEW
The City Manager distributed the draft agenda for Monday's regular
council meeti ng. The workshop agenda for Monday was a 1 so~.~ -.',
discussed. It was generally agreed to accept the .agendas as
presented. '
RECESS WORKSHOP SESSION TO GO INTO CLOSED EXECUTIVE SESSION
Mayor Higley recessed the workshop session at 10:00 p.m. to go
into a closed executive session as authorized by the Open Meeting
Act, TEX. REV. CIV. STAT. ANN., as, amended, Article 6252-17,
Section 2(f) Discussion with respect to the purchase or value of
real property: Property on Westpark Drive.
RECONVENE WORKSHOP SESSION
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Mayor Higley reconvened the workshop session at 10:14 p.m.
DISCUSS AND CONSIDER HOUSTON PROPERTY ON WESTPARK DRIVE
Mayor Higley asked Council to consider whether to proceed with the
purchase of a strip of land on Westpark Drive adjacent to the
City I S recyc 1 e bu i 1 d i n.g site.
Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that City Council authorize staff to proceed and complete
the requirements for the purchase of the 0.1960 acre (8,537 square
feet) A. C. Reynolds Survey, from the City of Houston.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
ADJOURNfViENT
With no further business to come before City Council at this time,
Mayor Higley declared the workshop session adjourned at 10:30 p.m.
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Ci ty Counci 1 Workshop Sess i on, August 24" 1989
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Audrey Nichols
City Secretary
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CITY COUNGILWORKSHOP SESSION
MONDAY~ AUGUST,28,.)989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
,6 : 300 P.M.
City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, August 28, 1989, with thefo 11 ow.ingmembers present: Mayor
Higley, presiding; CouncilmembersJenkins, Redeker and Watson.
Councilmember Bell arrived at 6:35p.m. Also present were the City r"
Manager, City Secretary, City Attorney, Director of Administration, the
Chief of Police and the Director of Operations.
HEARING OF RESIDENTS
There were none present who wished to speak.
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DISCUSS AND CONSIDER AMENDMENT TO THE BY-LAWS FOR FRIENDS OF WEST
UNIVERSITY PARK FUND
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Russ Schulze thought that to provide continuity, it was
important that the Friends Board be an integral part of the Parks
Board and that it would be beneficial to appoint the members for
three-year terms. Mr. Schulze thought it would defeat the purpose
if the Friends are treated as a separate committee.
Dave Agerton requested Council consider.allowing the Parks
Board to provide a recommendation for the amendments to the
Articles of Incorporation andtheby,-laws. Mr. Agerton
suggested the Parks Board come back to Council with recommendation.
Mayor Higley recommended the by-laws be amended so that Council
may appoint the five new members to the Friends of West University
Parks Board, then the Parks Board may choose their members to
serve on the Friends Board.
After discussion, it was the consensus of Council that Mr~ Schulze
and the City Attorney work together on the ameridments to the
Articles ,of Incorporation and the by-laws, that the amendments be
submitted to the existing Friends of West UParks Board for a vote
of acceptance at the earliest possible date and then be presented
to City Council for their approval.
DISCUSS AND CONSIDER POLICE NEWSLETTER
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Mayor Higley asked that'if the members of Council did not object,
she wished to consider' the police .news,letter at this time to allow
the interestedparti'e;s: to::be heard~.Councilmembers agreed to
consider the police newsletter at this time.
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Offi:cer Pete Johl')san and Me'l bdy Links, a resj dent ,addressed
City, Council. Copies 'ofci ssues of the II,Police Blotterll were
distributed. Ms. Links reported that early in the year she
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City Council Workshop Session, August 28, 1989
attended several community meetings with the police department.
At each meeting there were reoccurring themes. She became aware
that if the citizens were informed, they would be better able to
protect themselves and their property. The possibility of a
newsletter was discussed, a committee was formed, and the ideas
grew into what they were now proposing. As a result of meetings,
the IIPolice Blotterll was put together.
Officer Johnson explained the thoughts were generated by .the
citizens and then the committee was organized. The purpose of the
newsletter is to provide general information, statistical
information and specifics as to what areas of the City are most
affected by certain crimes. It is a way to educate the residents
so they may be able to protect themselves and their property.
Comments from Council were that the newsletter was a good idea.
However, concerns were expressed that it might take too much
police hours to put it together. It was suggested that a study be
made to incorporate the newsletter into the City Currents and let
the Communications Committee work on it with the police
department. It was also suggested that if the City does the
printing, the only cost on a monthly basis would be paper and
postage. If the City continues to use the same weight of paper
as the copies on the table tonight, there would not be additional
postage expense to enclose the newsletter in the water bills.
A brief discussion was held whether to send the police newsletter
monthly or every other month. It was generally agreed to mail the
newsletter out monthly and to ask the Communications Committee to
work with the police department to incorporate it into the City
Currents.
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RECESS WORKSHOP SESSION
At 7:30 p.m. Mayor Higley recessed the workshop session to convene
in regular session.
RECONVENE WORKSHOP SESSION
Mayor Higley reconvened the workshop session at 8:37 p.m. with the
following members of Council present: Councilmembers Bell,
Jenkins, Redeker and Watson. Staff members present were the City
Manager, City Secretary, Director of Administration, Director of
Operations and the Chief of Police. '
DISCUSS AND CONSIDER PROPOSED 1990 BUDGET AND TAX CALENDAR
Director of Administration, Donna Sims~ distributed copies of the
proposed 1990 budget schedule and tax calendar.
After discussion, motion was made by Councilmember Redeker,
seconded by Councilmember Bell, that City ,Council accept the
schedule and calendar as presented realizing, that adjustments may
be necessary.
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City Council Workshop Session, August 28,1989
57
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Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilme,mbers Bell, Jenkins,
Redeker, Watson '
None
None
DISCUSS AND CONSIDERCITynURRENTS
Draft copies of the City Currents were distributed for Council IS
review. City Council agreed to take out the recycling graph for
this issue to add Francophile Committee information.
DISCUSS AND CONSIDER JOINTPROJECTWITH METRO
o
Council member Redeker submitted the following Affidavit:
liMy name is Janet Redeker. I have a Isubstantial
interest' in the Metropolitan Trans it Authority
(the IIbusiness entityll), in that I am employed
full time by the business entity and receive at
least 90% of my annual income from that .entity.
I believe that the business ,entity would be
peculiarly affected by a vote or decision of the
City Council to amend an existing contract with
the City of West University Place, Texas. I
intend to abstain from participation in any
action regarding this matter, and I am filing
this affidavit to be in compliance with the Texas
local Government Code and the City Charter.
Signed: Is/ Janet Redeker
Such affidavit was filed with the official record
keeper of the City of West University Place,
Texas on the the 28th day of August, 1989 at
6:30 p.m.
II
Councilmember Redeker left the.conference room where the workshop
was in session.
Di rector of Operatiens, Curti s,.Cooper, reported that in Apri 1
1988, the City. entered,intb, a:jo;;nt proJect agreement with Metro
for the rehabi 1 itation ofUniversity"Boulevardfrom Community
Drive to' Kirby. Since that time inquiries were made to
substitute Ri<l:e. Bouleva,rd. for Univers,ity. The substitution will
require' a formal request be submitted to Metro. .' This request
needs to be accompanied by an enginee,ring and'construction
report. Mr. Coope~ asked Council IS consideration to authorize
Langfard Engineering::Inc., to prepare the engineering report if
Council' wished) to proceediwi t.h:the,:s ubs t,itut ion.'
[-1
City Council generally agreed that Rice Boulevard needed to be
rehabilitated and requested that curbs and gutters be considered
at the same .time. However, some of the curbs and,gutters were
-"--'d....:..:.:.-_~_
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City Council Workshop Sessi,on, August 28, 1989
recently replaced or otherwise in good condition. City Council
concurred to spend money only if needed for curbs and gutters.
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Motion was made by Councilmember Jenkins, seconded by
Councilmember Watson, that City Council authorize Langford
Engineering Inc. to prepare the preliminary engineering for
inclusion in the formal request to Metro.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Watson
None
Councilmember Redeker
DISCUSS AND CONSIDER CHARGE TO BOARD AND COMMITTEES
Councilmember Redeker returned to the conference room at this time.
. Mayor Higley led the discussion of the charges to the various
board and committees. Councilmembers offered suggestions which
were included in the charges to the Long Range Planning Committee,
Communications Committee, Zoning and Planning Commission, Traffic
Committee, Recycling Committee and the ,Parks Board. The charges
would be typed and submitted to Council at the next workshop for
their review and approval before they are given to the Committees.
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COUNCIL COMMENTS
II
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Councilmember Redeker requested Colonial Park Pool operations be-
discussed at a future workshop session.
u
Councilmember Jenkins stated he wanted the JMH property
demolished quickly. ,Councilmember Jenkins requested police
policies be discussed at the next workshop session~,
Mayor Higley suggested Council consider amending the section of
the code providing that a sidewalk contractor must submit a
$10,000 bond to the City before he was entitled to replace a
sidewalk. Mayor Higley reported the $10,000 bond was an obstacle
to residents who wished to use city contractors currently working
in the city to rep 1 ace. s,i dewa-l ks . The consensus of Counc i 1 was to
amend th~ ordinance and place it on the the agenda for the regular
session scheduled for September 11, 1989.
Councilmember Bell' distributed photos of the type of sign he would
like to see at the entrances to West. University Place. He
suggested bids be taken.
Councilmember Bell asked where the: school crossing guards would be
when school starts. Cou~ctlmember Bell was advised that the
school district makes that determination.
Councilmember Bell asked for staff to investigate if the City
could mow the medians on Bissonnet from .Weslayan to Kirby.
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City Council Workshop Session, August 28, 1989
59
o
Councilmember Bell asked what would be involved to open Colonial
Park pool at 5:30 a .m.all year and asked staff to investigate and
report back to Council.
Mayor Higley asked staff to see if arrangements could be made so
that residents may renew dog and cat licenses by mail.
ADJOURNMENT
With no further business to come before City Council at this time,
motion was made by Councilmember Jenkins, seconded by
Councilmember Watson that the meeting adjourn. Such motion
ca,rried and the ,meeting adjourned at 10:50p~m.
~~
Mayor '
o
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Cl ty Seer ary
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60
REGULAR CITY COUNCIL MEETING
MONDAY, AUGUST 28, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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City Council convened in regular session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, August 28, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson.
Also present were the City Manager, City Secretary, City Attorney,
Director of Administration, Director of Operations, and the Chief of
Police. Mayor Higley delivered the invocation and led the Allegiance
to the Flag.
HEARING OF RESIDENTS: Mayor 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.
There were none present who wished to speak.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor 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 .
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ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Jenkins
requested agenda item No. 20, Purchase of 1989 Cab and Chassis
for the Water Division, be removed from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Redeker, seconded
by Councilmember Bell, that with the exception of agenda item No.
20, the consent agenda be approved in accordance with staff
recommendation.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
Voting No:
Absent:
RESOLUTION APPOINTING COMMUNICATIONS COMMITTEE: Mayor Higley
presented Resolution Number 89-12, as follows:
RESOLUTION NUMBER 89-12
WHEREAS, it is the obligation of the City
Council, pursuant to provisions of the City Charter
and ordinances heretofore adopted, to appoint members
to various committees; and
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61
Regular City Council Meeting, August 28, 1989
D
WHEREAS, the Mayor and members of the, .Oi ty. .
Counc ilhave contacted' qua 1 ified citizens to serve on
the Communications Comm'ittee of the City of West
University Place, Texas; and
WHEREAS, certain persons have indicated a desire
and willingness to serve as members of the
Communicati onsCommi ttee.
NOW, THEREFORE, BElT 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 Communications
Committee:
o
Susan Freeman
Mary Ann Binig
JanBrook
David P. Bowen
Virginia Clark
Cullen A.. Duke
JeanLHowse
Holly~R~ ,Hutchins'
Rebecca Kelly
Pat Malone
,QMidiele'''McGl othl in
I ! Section 2~';;That the persons hereby appointed to
the Communications Committee shall serve without
fompensati6n. ~
Section 3. That the persons hereby appointed to
the Communications Committee shall serve until the
next regular City Election of the City Council and
thereafter unti 1 the' appoi htment and qua li f.i ca t i on of
theirs'uccessors'. ., .',l , ,~
Section4.uJhat.SusanFreeman shall serve as
Cha i rman of the Commun.i cati.ons, Commi ttee unti 1 the
next City Election of the City, Council .and thereafter
until the appointment and qualification Of her
successor.
Section 5. All resolutions and parts of
resolutions in conflict herewith are hereby repealed
to the extent of the conflict only.
[~!
Section 6. If any word, phrase, clause,
sentence, paragraph, section 'or other part of this
resolution or the application thereof to any person or
circumstance, shall ever be held to beinval id or
, unconstitutional by any court of competent
jurisdiction, the remainder of this resolution and the
~''''7'~--~'-'-'-'-
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Regular City Council Meeting, August 28, 1989
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 7. 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.
~
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PASSED AND APPROVED this 28th day of
Auqust , 1989.
Councilmembers Voting,Aye:
Councilmembers Voting No:
Councilmembers Absent:
. Laura C. Hi gl ey, Mayor
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ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City Attorney
'"j,"
(SEAL)
Motion was made by Councilmember Bell,. seconded by, Counci lmember
Redeker, that Resolution Number 89-12 be adopted as presented.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
.Redeker, Watson)
None
None
Voting No:
Absent:
Mayor Higley administered the Oath of Office to the Communications
Committee members present.
RESOLl:JTION APPOINTIN6 TIle eLCCTRICAL BOARD. Mayor Higley presented
Resolution Number 89-13, as follows:
RESOLUTION NUMBER 89-13
I
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WHEREAS, it is the obligation of the City
Council, pursuant to provisions of the City Charter
tiS
Regular City Council Meeting, August 28,. 1989
o
and ordinances heretofore adQpted,to apPQint~embers
to various boards; and , '
WHEREAS, the Mayor and members of the City
Council have contacted qualified citizens to serve on
the Electrical Board of the City of West University
Place, Texas; and
WHEREAS, certain persons have indicated a desire
and willingness to serve ,as members of the Electrical
Board.
NOW, THEREFORE, BE 11 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 Electrical Board:
Bill Clowe
Lance Jones
Rob Peterson
James Todd
n
Section 2. That the persons hereby appointed to
the Electrical Board shall serve without compensation.
, ,
Section 3. That the persons hereby appointed to
the Electrical Board,shal1 serv~ until the.next
regular City ElectiQnof the City Councilcand
thereafter until the appointment and qualification of
their successors.
Section 4. All resolutions and parts of
resolutions in conflict herewith are hereby repealed
to the extent of the conflict only. '
Section 5 . If any word, phrase ,cl ause,
sentence, paragraph, section or other part of this
resolution or the application thereof to any person or
circumstance, shall ever be held to be invalid or
unconstitutionaJ by any court of competent
jurisdiction, the ,remainder ,of thi.s resolution and the
application ofsuch,word,p.hrase, clause, sentence,
paragraph, section or other part of this resolution to
any other persons or circumstances shall not be
a ffected thereby. .
[I
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Section 6. The City.Counci] 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
_...--..J-.....---
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64
Regular City Council Meeting, August 28, 1989
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 confh'mssuch notices and the contents
and posting thereof.
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Laura C. Higley, Mayor
ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City Attorney
(SEAL)
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Motion was made by Councilmember Redeker, seconded by Council-
member.Bell, that Resolution Number 89-13 be adopted as presented.
r I,
Voting Aye:
Voting No:
Absent:
Mayor Higley,Councilmembers Bell, Jenkins,
Redeker, Watson
None'
None
Mayor Higley administered the Oath of Office to the Electrical
Board members present.
RCSOLUTION APPOINTINC THE HEALTH BQARD: Mayor Higley presented
Resolution Number 89-14, as follow~:
RESOLUTION NUMBER 89-14
WHEREAS, it is the obligation of the City
Council, pursuant'to provisions of the CitY Charter
and ordinances heretofore adopted, to appoint members
to vari ous boards; a-nd
WHEREAS, the Mayor and members of the City
Council have contacted qualified citizens to serve on
the Health Board of the City af West University Place,
Texas; and
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Regular City Council Meeting, August 28, 1989
65
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WHEREAS~ certain persons have indicated. a desire
and wi llin9ness tos,erve 'as members af . the Hea Tth
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE.GITY
COUNCIL OF THE CITY OF'WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the following persons be
appointed to serve as members of the Health Board:
Larry K. Pickering, M.D.
Rhonda Boone.,
Georgia Blair
George Stillman
Paul R. Young, Jr., D.V.M.
Section 2. That the persons hereby appointed to
the Health Board shall serve without compensation.
Section 3. That the persons hereby appointed to
the Health Board ,shall serve until the next regular
City Election of,.the City Council and ther~af1:er until
the appointment and qualification of their successors.
c
Section 4. That Larry K. Pickering, M.D., be
hereby appointed ,to setve as, Chai rmanof the Health
Board.
. Section 5. ,That . LarryK.' Pickering, M.D. "
shall serve as Chairman of the Health Board until the
next regular City Election of the City Council and
thereafter until the appointment and qualification of
his successor.
',....) iii')'
Sectian 6. All resolutions and P&rts~of "
resolutions in conflict herewith are hereby 'repealed
to the extent of. the conflictdn]y.
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Section 7. If any worda phrase, clause,
sentence, paragraph, secti on o,r other part of thi s
resolution or the application thereof to any person or
circumstance, shall eve~ be held to be invalid or
unconstitutional by'anycourt of competent
jurisdiction~. therema:inder'ofth.isresolution and the
application of such word~phra~e, ,clause, sentence,
paragraph, section or other part of this resolution to
any other. persons or" ci rcumstances shall. not be
affected thereby.,
Section 8. The City Council officfa1lyfinds,
determines and declares that a sufficient written
noti ce of the date ~ h.our, place~nd.subject of each
meeting at' which,<this, resolution W9.-s. di$Gussed,
considered or acted upon was, given.in the manner
,-
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66
Regular City Co'uncil Meeting, ,August '28, 1989
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,
cons i derati on and acti on. " The Ci ty Council ratifi es,
approves and confi rms ,suchnoti ces and the contents
and posting thereof.
PASSED AND APPROVED th~i s '. 28th day of
August , 1989.
Counci lmembers Voting Aye':
Councilmembers Voting No:
Councilmembers Absent:
I
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Laura C.Higley, Mayor
ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
, City Attorney
(SEAL)
Motion was made by Councilmember Bell, seconded by Councilmember
Jenkins, that Resolution Number 89-14 be adopted as presented.
[]
Voting Aye:
Voting No:
Absent:
Mayor Higley,Councilmembers Bell, Jenkins,
Redeker, Watson
None
Absent
Mayor Higley administered the Oath of Office to the Health Board
members present.
RESOLUTION APPOINTING THE LONG RANGE PLANNING COMMITTEE: Mayor
Higley presented Resolution Number 89-15, as follows:
RESOLUTION NUMBER 89-15
WHEREAS, it is the obligation of the City
Council, pursuant to provisions of the City Charter
and ordinances heretofore adopted, to appoint members
to various boards;land
WHEREAS, the Mayor and members of the City
Council have contacted qualified citizens to serve on
the Long Range Planning Committee of the City of West
UniversitY Place, Texas; and
WHEREAS, certain persons. have indicated a desire
and willingness to serve as members of the Long Range
Planning Committee.
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67
Regular City Council Meeting, August 28, 1989
[
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE (;ITY'OF~WEST UNIVERSITY 'PLACE , TEXAS:
Section 1. That the following persons be
appointed to serve as membersof.the Long Range
Pl anni ng Committee: ,: :.., ;
[
Mark Spradling
Dick, Ajers
. : Glenn ,Bradford.' .
: i ,F Michael:;D. Ca.nnon
. F. Se 1 by C 1 a'rk .
Carl Hock
Susan P. McDaniel
,Harvey Michaels
Larry C. ~Morris
Char] es E ~ .Ne lso'n
Robert R. Pa rk,
'B.W. Payne
Kyle L. Pentecost
, Joel Reichek
'Alan G.: Rice
Stuart Schube
Sonia Tersigne
Margaret Wallace
Kathie, Warren'
~ . ,
Section 2. That the persons
the Long Range Planning Committee
compensation. . ,
hereby appointed to
shall serve without
Section 3. . That the persons hereby appointed to
the Long Range Planning Committee shall serve until
the next regular City Election of the City Council and
thereafter until the appointment and qualification of
their successors.
Section 4. That Mark Spradling be hereby
appointed to serve as~ Chairman of the Long Range
Planning Committee. -
Section 5. That Mark Spradling shall serve as
Chairman of' the Long :Range PJanning Committee until
the next regular .CityElectio.nof the City Council and
thereafter until the appointment and qualification of
his successor.
,----
Section 6. All resolution and parts o~
resolution in conflict'h.erewith are hereby repealed to
the extent of the conflict only.
> i ' I
Section 7. if any~word.,phrase, clause,
sentence, paragraph, section or other part of this
resolution or the application thereof to any person or
,
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68
Regular City Council Meeting, August 28, 1989
circumstance, shall ever be held to be invalid or
unconstitutional .by anycou,rt ,of campetent
jurisdiction, the remainder of this resolution and the
application af such word, phrase, clause, sentence,
paragraph, section or other part of this resolution to'
any other persons or circumstance~ shall ~ot be
affected thereby.
I
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Section 8. The City Council officially finds,
determines and declares that a sufficient written
notice of the date; hour~ place and subject af each
meeting at which,this resolution was discussed,
considered or acted',upon"was given in the manner
required by the Open Meetings taw, TEX. REV.
CIV. STAT. ANN. a~t.,6252~17"as amended, and that
each such meeting has. been 'Iopen to the pub 1 i c as
required by law,:at.all times<during such discussian,
considerationandacti'on. The City Council ratifies,
approves and confirms'such.notices and the contents
and posting thereof.
PASSED AND APPROVED this 28th day of
Auaust , 1989.
Cauncilmembers Voting Aye:
Cauncilmembers Voting No:
Cauncilmembers Absent:
:]
Laura C. Higley, Mayor
ATTEST:
APPROVED AS TO FORM:
James L. Dougherty, Jr.
City Attorney,
Audrey Nichols
City Secretary
(SEAL)
Motion was made by Councilmember Redeker, seconded by
Councilmember Jenkins, that Resolution Number 89-15 be adopted as
presented.
Voting Aye:
Vot~ng No:
Absent:
Mayar Higley, Cauncilmembers Bell, Jenkins,
Redeker, Watson
None
None
Mayor Higley administered the Oath of, Office to the Long Range
Planning Committee members present.
RESOLUTION APPOINTING THE THE PARKS BOARD: Mayor Higley presented
Resolution Number 89-16, as fallows:
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Regular City Council Meeting, August 28, 1989
['
RESOLUTION NUMBER 89-16
'WHEREAS, it tsthe: obli:gation of the City
Council, pursuant to ,prov,istons. of ;the City
Charter and ordinances heretofore adopted, to
appoint members to various Boards; and
"
, ,
WHEREAS, the Mayor ~and members of, the,Ci ty
,c.ounci-l have cO.nta:citedqual;tfied, ,GJti :z;ens:to
serve on the Parks and 'Recreation Board of the
City of.Mest Univensity Place, Texas; and
WHEREAS:, certain persons have indi cateda
des i reand wi Hi ngness to serve as members of the
Parks and Recreation Board.
NOW, THEREFORE, BE 11 RESOLVED BY THE CITY
COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS:
Sectionl. i That the following persons be
appointed to~erve .as members of the Parks and
Recreation Board:
[]
RussScbulze "
David Agerton
Jere M.Ahrens
Charlotte Banham'.
Carol Burke
Terri Dickinson,
Loretta Ferguson
Gregory Gerber
Williams Hayes
Wa lly Knapp
Deborah Niebruegge
Ann Schmal z .
Lynn, S.imoneaux,
Phi 11 ip, Stevenson
Sandra Viola
Section'2. That the persons hereby
appointed to the Parks and Recreation Board shall
serve without compensation.
I'
Section 3. That the persons hereby
appointed to the Parks and Recreation Board shall
serve until the next regular City Election of the
City Council and thereafter until the appointment
and qualification of their successors.
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Section 4. ' Tha,tRuss Schul z,e shall
serve as Chairman of the Parks and Recreation
Board until the next regular City Election of the
." .
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70
Regular City Counci 1 Meeting, August 28, 1989
City Council and thereafter until the appointment
and qualification of his successor.
~
Section' 5.' All resolutions and parts of
resolutions in conflict herewith are hereby
repealed to the'extent of the conflict only.
Section 6. If any word, phrase, clause,
sentence, paragraph, section or other. part of
this re.solution or the app'lication thereo.f 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 7. The City Council officially
finds, determines and declares that a sufficient
written notice of the date, hour, place qnd
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 th~reof.
i
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PASSED AND APPROVED this 28th day of
August , 1989.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent: .
Laura C. Higley, Mayor
,
ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
. James L Dougher.ty, Jr.
City' Attorney
(SEAL)
Motion was made by Councilmember Watson, seconded by Councilmember
Bell, that Resolution Number 89-16 be adopted as presented.
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Regular City Council Meeting, August 28;,.1989
[
Voting Aye:
Voting No~
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, .Watson .
None ;
None' ; :;'" ,.
Mayor Higley administered the Oath of Office to the Parks Board
members present.
RESOLUTION APPOINTING THE ,PLUMB.ING BOARD: Mayor Higley presented
Resolution Number 89-17,:as.follows~
RESOLUTION NUMBER 89-17
WHEREAS, it is ,the :obligation of the City
Counci 1, pursuant to provi s ions of the cfty Charter
and ordinances heretofore:adopted, to appoint members
to'various boards; and
WHEREAS, the Mayor and members of the City
Council have contacted qualified citizens to serve on
the Plumbing Board of the.CityofWest Uni.versity
Place, Texas; and
r
L
WHEREAS. certain persons have indicated a desire
and willingness to serve as members of the Plumbing
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY,OF, WEST UNIVERSITY PLACE, TEXAS:
Section 1., That the following persons be
appointed to serve as members of the Plumbing Board:
Roy Harper
'John Hughes
ir..O. Sword
Robert K. Wark
Section 2. That the persons hereby appointed to
the Plumbing Board shall serve without compensation.
~ ,,_ '_' _' '- ,'.. ,
Section 3. That the persons hereby appointed to
the Plumbing Board shall serve until the next regular
City: Election~ of the City Counci 1 and the'reafter unti 1
the appointment and qualification of their successors.
Section 4. All resolutions and parts of
resolutions in conflict herewith are hereby repealed
to the extent of the ~onflictonly.
,.--
f
Section 5. If any word, phrase, clause,
sentence, parag!raph , section: or other part of thi s_
reso 1 ut i on or the app 1 i.ca t i on thereof to any person or
circumstance, shall ever be held to be invalid or
Jl:, . ..
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Regular City Council Meeting, August, 28,..1989.
unconstitutional ,by any court of competent
jurisdiction, therremainder 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.
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Section 6. The City Council officially finds,
determi nes and dec:l a'resttiat a" sLiffi ci ent wri tten
notice of the date,liour, place and subject of each
meeting at which this resolution was discussed,
cons i dered or acted upon 'was ,gi ven in the manner
required by the Open Meetings Law, TEX. REV.
CIV. STAT. ANN. art: :6252-17, :asamended, 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 28th day of
August , 1989.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
)
--.J
UlUra"C.' Higley, Mayor
ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City Attorney
(SEAL)
Motion was made by Councilmember Jenkins, seconded by
Councilmember Redeker~ that Resolution Number 89-17 be adopted as
presented.
Voting Aye:
Voting No:
Absent:
Mayor:Higley, Councilmembers Bell, Jenkins,
Redeker,' Watson
None
None'
Mayor Higley administered the Oath of Office to the Plumbing Board
members present.
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RESOLUTION APPOINTING THE RECYCLING COMMITTEE: Mayor Higley
presented Resolution' Number 89-18, as follows:
73 '
Regular City Council Meeti'ng ,August 28, '1989
o
RESOLUTION NUMBER 89-18
WHEREAS, ,it is 1;he, obl.igatio,n of the Ci ty
Council, pursuant to provisions of the City Charter
and ordinances heretofore adopted, to appoint members
to various committees; and
WHEREAS, the Mayor and members of the City
Council have contacted qualifi,ed .citizens to serve on
the Recycl ing CQmmittee of the City of West University
Place, Texas; and
,
WHEREAS, certain persons hav~ indicated a desire
and wi 11 i ngness to serve as members of the Recyc 1 i ng
Committee.
i '
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That thef() 1,1 owi ngpersons be
appointed to,serye as m~mbeY's of the Recycling
Committee: '
11
L i nd~,erannen..'
"DickStee le
Jac~Browder '
Lilli Elsas
Alan Goodman
Susan Hawkins
. D~vi d LaCQl11be
lelia, Land
Thomas ,J.Ogden
Bi 11,Snypes ,
MitziVorachek
, , '
Michol OIConnor
Long Range Recycling Committee
Section 2. That the persons hereby appointed to
the RecyclingCommittee,sha.ll s.erve without
compensation.
Section 3. That the persons hereby appointed to
the Recycling Committee shall serve until the next
regular City Election of the City Council and
thereafter until the app,ointme.nt and qual i fi cati on of
thei r successors. . I .
"
Section 4. That Linda Brannen and Dick
Steele hereby be appointed to serve as Co-Chairmen
of the Recycling ,qommfi;ttee~)'i;;;
Section 5. That Linda Brannen and Dick
Steele shall serve as Co-Chairmen of the Recycling
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---,
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74
Regular City Counci 1 Meetfng ,Augus~t'i28, t9'89
Committee until the next regular City Election of the
City Council and thereafter until the appointment and
qualification of thei~ successors.
Section 6. ,That Michol O'Connor hereby be
appointed to serve as Chairman of the Long Range
Recycling Committee.
. Section 7.' That Michol O'Connor shall serve
as Chairman of the; Recycling Committee-Children until
the next regular City Election of the City Council and
thereafter until the appointment and qualification of
her successor.
Section 8. All resolutions and parts of
resolutions in conflict herewith are hereby repealed
to the extent of the rionflict only.
Section 9. If any word, phrase, clause,
sentence, paragraph~ section nr other part of this
re~olution or the applic~tion 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.nrother part of this resolution to
any other persons or circumstances shall not be
affected thereby.
Section 10. The City Council officially finds,
determines and declares that a sufficient written
notice of the dat~; hour; place and subject of each
meeting at which this resoiution 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.
Councilmembers Voting' Aye: '
Councilmembers Voting No:
Councilmembers Absent:
Laura 'C. Higley, Mayor
, . --.
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Regular City Council Meeting, August 28, 1989
o
ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
C itlYA ttorney
(SEAL)
Motion was made by Councilmember Redeker, seconded by
CouncilmemberJenkins,that Resolution'Number 89-18 be adopted as
presented.
Voting Aye:
Voting No:
Absent:
oj ..:: i!.
Mayor Higley, Council members Bell , Jenkins,
Redeker, Watson
None
None
Mayor Higley administered the Oath of Office to the Recycling
Committee members present.
RESOLUTION APPOINTING THE SENIOR "SERVlCESIBOARD: ,Mayor ,Higley
presented Reso 1 ution .Number. 89-19;, as fo 11 ows :
RESOLUTION NUMBER,89-19
[1
WHEREAS, it is the obligation of the City
Council, pursuanttoprovtsionsof the City Charter
and ordinances heretofore adopted, to appoint members
to various boards; and
WHEREAS, the Mayor andJl1embers of the City
::' Councj,l have contacted quaJ ifiedcitizens to serve on
the Senior Services,!Board of:the City of West
Uni versi ty Pl ace ~.Texas;,.and
\-' , "
'WHEREAS" certaln,petson;S"haveindicateda desire
and wi 11 i ngness to.,serve, as members. of the Seni or
Services Board.
; .<
. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY
COUNCIL OF ,THE CITY OF WEST. UNIVERSITY PLACE, TEXAS:
J " i:
. Secti on 1. lhat the following persons be
appointed to serve as members of the Senior Services
Board:
Jane Breazeal
Jim Councj J,
Marie Fish
Randy Hardy
',Il()roth'y~ Rieger
Dottie Shaw
Ha ro 1 d Smith
Dalia Stokes
Anna Lay Turner
,..."...,:""".~;..Ol",,,__,.'
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76
Regular City Council Meeting, August 28,. 1989
. 'M.D. Wickerham
Florence Worstell
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Section 2. That the persons hereby appointed to
the Senior Services Board shall serve without
compensation.
Section 3.' That the persons' hereby appointed to
the Senior Services Board shall serve until the next
regular City Election of the City Council and,
thereafter until the appointment and qualification of
their successors.
Section 4. All resolutions and parts of
resolutions in conflict herewith are hereby repealed
to the extent of the conflict only.
Section 5. If any wo~d; phrase, clause,
sentence, paragraph, section or other part of this
reso 1 uti on or the :a'pp l;:cat fan, thereof to any person or
circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent
jurisdiction, the remairiderdf this resolution and the
application of such word, phrase, clause, sentence,
paragraph, section 'or other part of this resolution to
any other persons or cir.cumstances shall not be
affected thereby.
Section 6. 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 28th day of August
1989 . '
II
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Councilmembers Voting Aye:
Councilmembers Voting'No:
Councilmembers Absent:
. Laura' C. : Hi gl ey, Mayor
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81
Regular City Council Meeting, August 28; 1989
o
ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
,City Attorney
(SEAL)
Motion was made by CouncilmemberBell, . seconded by Counci lmember
Redeker, that Resolution Number 89-'19 be adopted as presented.
Voting Aye:
Voting No:
Absent:
Mayor HigleY~ Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
Mayor Higley administered the Oath of Office to the Senior
Services Board members present.
R[SOLUTION APPOINTING TI![,TRArnCCOPUHTT[L Mayor Higley presented
Resolution Number 89-20, as follows:
, '
RESOLUTION NUMBER 89~20
c
WHEREAS, ,iti s the ob 1 igati on of the City
Council, pursuant to provisions of the City Charter
and ordinances heretofore adopted, to appoint members
to various, boards; "and .
, ': '.,
WHEREAS, the Mayor 'and mempers pf,the City
Council have contacted>qualifiedcitizens toserve on
the Traffic Committee of the C.ity of West;University
Plac~~'Texas; and I~' .
< >
WHEREAS, certainc;persons, have indicated a desire
and willingness toserYe~as members of the Traffic
, Committee,
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 Traffic Committee:
Jerry Nickell
Connie Clark
Royce Hassell
Joe R~ Mitchell
JerrySchutza
Karin Shipman
[
Section 2. That the persons hereby appointed to
the Traffic Committee shall serve without compensation.
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Regular City Council Meeting, August 28, 1989
Section 3.' That the persons hereby appointed to
the Traffic Committee shall serve until the next
regular City Election of the City Council and
thereafter until the appointment and qualification of
their successors.
Section 4. That Jerry Nickell shall serve as
Cha i rman of the Traffi c Committee unti 1 the next Ci ty
Election of the City Council and thereafter until the
appointment and qualification of his successor.
Section 5. All resolutions and parts of
resolutions in conflict herewith are hereby repealed
to the extent of the conflict only.
Section 6. If any word, phrase, clause,
sentence, paragraph, 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 7. 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 28th day of August
1989.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
'Laura C. Higley, Mayor
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83,
Regular City Co'unci 1 Meeting ~ August 28, 1989
o
ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City. ~ttorney
(SEAL)
Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that Resolution Number 89-20 be adopted as presented.
'Voting Aye:
Voting No:
Absent:
Mayor, Higley; Councilmembers Bell, Jenkins,
Redeker "Watson
None
None
Mayor Higleyadministered;.;the10ath'of Office to the Traffic
Committee members present.
RESOLUTION APPOINTING THE ZONING AND PLANNING COMMISSION: Mayor
Higley presented ResoluUon.,Number89.,.21, as follows:
:RESOLUTION'NUMBER ;89-21
n
LJ
WHEREAS"it is.the obligation of the City
Counci,l ,pursuanti to\provisJonsof theCi ty,' Charter
'a'nd'ordinances heretofore,adopted,to)appoi nt ;members
,'to fvat-i o~s comm.;ttees ;" ,and', 'J, :
"
WHEREAS, the Mayor and members of the City
Council have contacted qualified citizens to serve on
the' Zoning and Planning.Comm:ission ofrthe City of West
Uni vers i ty Pl ace ,:Texas ;,and
WHEREAS, certain persons have indicated a desire
and willingness to serve as members:of:theZon.ing and
Pl anni ng Commi ss ion. .
, I . NOW ,THEREFORE; SLIT RESOL VEDBY THE CITY
COUNCIL OF THE CITYOFl WESLUNIVERSITY PLACE, TEXAS:
Secti on 1. That' the following persons be
appointed to serve as members' of the Zoning and
Planning Commission:
, Rei d Wil soh
Frank Billings
Bonnie Holmes
Robert 1 indsey,
Susan: Rach,lj n
George Ruhlen
Ralph Stivison
Section 2. 'That the ,persons hereby appointed to
-,,__',U",,","""""_.__".
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84
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Regular City Council Meeting, August 28, 1989
the Zoning and Planning Commission shall serve without
comp'ensati on.
Section 3. That,the persons hereby appointed to
the Zoning and Planning Commission shall serve until
the next regular City Election of the City Council and
thereafter until the appointment and qualification of
their successors.
Section 4. That Reid Wilson shall serve as
Chairman of the,Zoning and Planning Commission until
the next City Election of the City Council and
thereafter until the appointment and qualification of
his successor.
Section 5.Al:l ordi.nancesand parts of
ordinances in conflict herewith are hereby repealed to
the extent of the conflict only.
Section 6. . If any word"phrase, clause,
sentence, paragraph, section or other part of this
ordinance or ,the application thereof to any person or
circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent
ju~isdiction,'the remainder of this ordinance and the
application of such 'word, phrase, clause, sentence,
paragraph, section or other part of this ,ordinance to
any other persons or circumstances shall not be
affected thereby.
. Section 7. . 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 ordinance 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 28th day of Auqust,
1989.
Councilmembers Voting' Aye:
Councilmembers Voting No:
Councilmembers Absent:
Laura C. Hi gl ey, Mayor
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85
Regular City Co'uncil Meeting, August ,28, 1989
L
ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City Attorney
(SEAL)
Motion was made by CouncilmemberJenkins, seconded by
Councilmember Bell, that Resolution ,Number 89~21 be adopted as
presented.
'\ !
Voti.ng Aye:, Mayor'Hi,gley" ';Councilmembers Bell, Jenkins,
Redeker, Watson,
Vot;.ngNo: ' None-,
Absent: None
Mayor Higley administered the Oath of Office to the Zoning and
Planning Commission member.s present.
; ~,)
RESOLUTION I'.PPQINTING nlE ZONING QOARQ OF i-\QJlJaTMENT: Mayor Higley
presented 'Reso 1 ution;1Number'J:89-22," as TO llows: )
RESOLUTION ,NUMBER 89""22
D
',.') _,'.C
'.,,,.. . _" .-'.' 1 :.", j J ,.
WHEREAS,; it is the obligation of ,the City
Council, pursuant to provisions of the City Charter
and ordinances heretofore adopted, to appoint members
to various boards; and
WHEREAS, the Mayor and members, of the City
Council have contacted qualified citizens to serve on
the Zoning Board of,Adjustment of the City of West
University Place,.Texas; and.
: .WHEREAS~ certaih~persons~hav~ indicated a desire
and willingness to serve as members, of, the Zoning
Board of'Adjustment~
NOW, THEREFORE; HE,ll.. 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 Zoning Board of
Adjustment:
.! ' 'J.j
[ ~
Charles Lusk
Robert Crain
Robert' Heaton,
Sterli.ng Mi nor,
John P:i,ckul
Mary Jane Bundschuh, Alternate
Vic Hansen, Alternate
, Dori s~ Marrs'hal 1;; Al terna te
Joe Douglas Webb, Alternate
.IIi' 1
, _ ,. "'.,'~ ,_!'...t.:l.i21_
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'--'~-T~~~~~- --- -----~--~-----' -,
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86
Regular City Council Meeting, August 28, 1989
Section 2. 'That the persons hereby appointed to
the Zoning Board of Adjustment shall serve without
compensation.
Section 3. That the persons hereby appointed to
the Zoning Board of Adjustment shall serve until the
next regular City Election of the City Council and
thereafter until the 'appointment and qualification of
their successors.
Section 4. That Charles Lusk shall serve as
Chairman of the Z6'ning Boa:rd'of Adjustment until the
next City Election of the City Council and thereafter
until the appointment and qualification of his
successor.
Section 5. . All resolutions and parts of
resolutions in conflict, herewith are hereby repealed
to the extent of the conflict only.
Secti.on6.' If'any(';.word:, phrase, clause,
sentence, paragraph, 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 r~mainder 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 7. The',City',Counci'l officially finds,
determi nes and decl ares; that'! a suffi ci ent 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
~&ch such meetirig'hasbeen open to the public as
required by law at alT times during such discussion,
consideration and action. The City Council ratifies,
approves and confi rms such' noti ces and the contents
and posting thereof~
PASSED AND APPROVED this 28th day of August,
1989.
Councilmembers Voting. Aye:
Councilmembers Voting No:
Councilmembers Absent~
Laura C. 'Hi gl ey,. Mayor
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87
Regular City Council Meeting, August 28, 1989
o
ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
'. James L. Dougherty, Jr.
City Attorney
. (SEAL)
, .
Motion was made by Councilmember Redeker, seconded by
Councilmember Bell, that Resolution Number 89-22 be adopted as
presented.
Voting Aye:
Voting No:
Absent:
... . ,.) j 'i: ~~ I _' : . ..
,Mayor J;fijgley, ,Counci lmembe,r,s ..Bell, Jenkins,
Redeker, "Wa,ts1on: i'
None
None
f ii i
Mayor Higley admini'stered ,the 'Oath of.:Office to the Zoning Board
of Adjustment members present.
RESOLUTION APPOINTING THEDEPUTYMUNICIPAL'~COURT CLERK AND THE
ASSISTANT DEPUTY MUNICIPAL COURT CLERKS: Mayor Higley presented
Reso 1 ut i on Number 89-23, as .fa 11 ows: "
RESOLUTION NUMBER 89~23
n
WHEREAS, it has been':determ;.nedthat it will be
advantageous to designate ,a qualified employee as Deputy
Municipal Court Clerk to administer. the function ,of the
Municipal Court from time to time; and
WHEREAS, Mr. Walter.Slonepreviously served the city
,as Deputy Municipal Court Clerk until. his resignation; and
, "
WHEREAS, Cynthia Sylvas (C. Sylvas) is qualified
to assume the duties of Deputy Municipal Court Clerk; and
WHEREAS; it has further been determined that it will
be advantageous to designate, qualified: employees as
Ass i stant, Deputy Muni c.i pa 1 Court.. C.l erks for the purpo.se of
signing complaints;.-and' ".,' , :','
WHEREAS, the fall owi ng.. emp 1 oyees are qual i fi ed to
assume the duties of Assist-ant Deputy'Municipal Court
Clerks for this purpose:".
B. White, Dispatch Personnel
R. Harrington, Dispatch Personnel
S. Girsh, Dispatch Personnel
S. Parson, Dispatch PersonneJ
r~
NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ,WEST
UNIVERSITY PLACE, TEXAS:
_.1...-....
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Regular City Co'uncil Meeting, 'August-28,:.1989
Section'L That the City Counci 1 hereby names and
appoints C. Sylvas as Deputy Municipal Court Clerk of the
City of < West University Place.
Section 2. That said C. Sylvas is hereby vested
with all of the duties and responsibilities as set forth in
the Charter of said City and the Statutes of the State of
Texas.' '. :,
. ,',:! {" r, ,': U!' ; ':.~ ,_, .:
Section 3. That City Council hereby names.and
appoints B. White, R. Harrington, S. Girsh, and S.
ParsorlasAss'i stant Dep'utyMuni ci'pa lCourt Clerks of the
City of West University',Plae'e for :the purpose of signing
complaints. ' ,
i' .
Section 4. That the appointments of C. Sylvas, as
Deputy Municipal Court Clerk; ;a:nd B. :White, R.
Harrington, S. Girsh and S. ,Parson'as Assistant Deputy
Municipal Court Clerks shall become effective immediately
from and after the passage'and\a~proval of this Resolution.
,
Section 5. All resolutions arid -parts of resolutions
in conflict herewith are hereby repealed to the extent of
the conflict only~
Section 6. If any 'word, phrase, clause, sentence,
paragraph, section or other-part of ' this resolution or the
application thereof to any. person or circumstance, shall
ever be held to be invalid or unoonstitutional 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.
. I .,'
Section 7. 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 diseussed; 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 me'eting has been' open to the publ ic as
required by law at alltimesidur~ng such discussion;
consideration and action. The City Council ratifies,
approves and confirms such notices and the contents and
posting thereof.
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89'
Regular City Council Meeti,ng" .August, 28" 1989
D
Signed:
Laura C. Higley, Mayor
ATTEST:
, '1 I' "Appr,oved, as to Form:
Audrey Nichols
City Secretary
('sEAL)
,James L. Dougherty, Jr.
"j", City Attorney
Motion was made by Councilmember Red~ker, seconded by
Councilmember Bell, that Resolution Number 89-23 be adopted as
presented.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None'
None
Voting No.
Absent:
None were present to take the Oath of Office but would take the
Oath ,ata later time. ;',;" ,
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HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the
, invoice in the amount of $a:,987.00 submitted by the Harris County
Appraisal District representing the~fourth quarter appraisal
services fee.
Motion was made by Councilmember Redeker, seconded by
Councilmember Bell, that,theinvolce in the amount of $8,987.00 be
approved for payment to the Har:ris County Appraisal District.
Voting No.
Absent:
. ,1'
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None:
None
, Voti ng Aye:
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METAL GARAGE AT LANDFILL: Consideration was given to staff
recommendation concerning the bid received for construction of the
~eta]'garage at the landfill~
, "
The only bid received at 10:00 a.m., August 21, 1989, was as
fo 11 ows :
Bidder
Base Bid
I
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Demar Engineering, Inc. $27,633.00
5555 W. Loop South, Suite 240
Be 11 ai re, Texas 77:401 l:'
. ,
With the following additions the bid amount was:; .
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90
Regular City Council Meetirig"August1 28,;'1989
Addition
Limestone
Floor
Addition
Concrete
Floor
Addition
Concrete
Ra il Floor
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$29,278
$31,313
$62,1991
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None of the.four floors included restroom, electrical, plumbing,
bumper poles, entry way pad and painting. These items totaled an
additional $7,443. 4
It was the recommendation of staff to reject the bid and request
Council to authorizere-advertising for construction of the garage.
Motion was made by CouncilmemberRedeker, seconded by Council-
member Bell, that City Counci 1 accept staff's recommendation and
reject the bid of Demar Engineering Inc., and authorize staff to
re-advertise for construction of the garage.
Voting Aye:
Voting No.
Absent:
Mayor Hi,gley, Councilmembers Bell, Jenkins,
Redeker, Watson '
None
None
1976 BOND ISSUE: Consideration was given to the invoice in the
amount of $10,175.00 submitted by First City National Bank of
Houston for interest'due,on the 1976 Bond Issue.
Motion was made by Councilmember Redeker, seconded by
Councilmember Bell, that the invoice submitted by Hrst city
National Bank of Houston be approved for payment.
~
Voting Aye: ..Mayor. Higley, Councilmembers Bell, Jenkins,
Redeker, Watson"
Voting No. None
Absent: None
PURCHASE OF 1989 CAB AND CHASSIS FOR THE WATER DIVISION:
Consideration was given to the invoice in the amount of $19,568.00
submitted by Knapp Chevrolet for one 25,500 G.V.W.R. Cab and
Chassis.
Motion was made by Councilmember'Bell, seconded by Councilmember
Redeker, that the invoice in the amount of $19,568.00 submitted by
Knapp Chevrolet for the cab and-chassis be approved for
payment.
Councilmember Jenkins asked if the purchase was a replacement
truck or a new truck. The City Manager responded that it was a
replacement truck.
Voting Aye:
Voting No.
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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Regular City Council Meeting, August 28, 1989
9l
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CIIY CUUNCILMl:.l:.lINli MINUII:.~: Consideration was given to the
minutes of the'fa Howi rig City Counci 1 meetings:
" J
(a) City Council Workshop Session, August 14, 1989; and
(b) City Council Regular Session, August 14, ':1989.
Motion was made by CouncilmemberJe,nki.ns that the minutes of the
Workshop Session, August 14, 1989, Page 2, ,under Presentation and
Report fromChiefaf Police, last paragraph, reflect the
fo 11 owing: .
Councilmember Jenkins-reported that police visibility as
mea,sured by police car. mileage is down almost 40% from the
1986 level and that enforcement of traffic laws was down 62%
from the 1986 level as measured by the number of citations
issued.
Cou nc i 1 member Bell seconded.thel11ot ian.
[1
CouncilmemberS Bell~ Jenkins,.Redeker, Watson
None
None
Mayor Higley because she was absent for the
August 14~1989 Workshop Session
Motion was made by CouncilmemberRedeker, seconded,by
G<;luncilmernber Bell" that the minutes be approved as, amended.
Voting Aye:
, Voting ,No: .. '
Absent:
Abstaining:
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers, Bell, Jenkins~
Redeken Watson,
None
None
._i,. '_
Councilmember Watson expressed his: apprec.iation: and commendation
to the volunteers who are willing.to serve on the boards and
committees.
Councilmember Bell also expressed his appreciation for the
volunteers.
Councilmember Redeker expressed her appreciation for the board and
committee members.
Councilmember Jenkins commented it was nice to see those people
who want to commit their time to the community. ,
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Mayor Higley agreed the City was fortunate to have so many willing
volunteers.
Mayor Higley announced that Ann Patterson was leaving as
principal of the West University Elementary School. Ms. Patterson
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Regular City Council Meeting, Au'gust 28,;':;,,1989
expressed her appreciation to the members of City Council and to
the Fire Department, ,Para-Medics:, Police' Department, the Permit
Section and to Richard Rockenbaugh and Curtis Cooper for their
help through the years.. "" t.'
STAFF REPORT:,
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City Manager, Richard Rockenbaugh~ introduced the Chief of Police,
Stephen M. Griffi th ,whQ will make a presentation as an expansion
of the staff report. "ehief 'Gri.f,fith tntroduced. Detective Sergeant
Donna Gilbert. Sergeant Gilbert reported on the nature of some of
the criminals operating in West University Place. She related a
recent activ.i'ty which broke..,;a .burglary ring whose primary
motivati'on was,drugs. ,This .burglary'ring was responsible for 40%
of :the ,burglaries in the city.
Mr. Rockenbaugh reported that as a result of some of the comments
made by members of City Council, Wayne Perry, Chief Building
Official, and Curtis Cooperi 'Director of Operations, are meeting
with builders to review the procedures that usually result in red
tags. It took a great deal of initiative on staff1s part to
establish the meetings and get the'participation of the builders.
It is an effort to educate and inform the builders.
Staff has had several meetings with Steve Radack1s office with
the result that the City will be getting assistance from Harris
County. The county has agreed.toassist the City by re~striping
several streets. The City will provide the paint and Harris
County will provide the equipment and crew. The re-striping
should begin, be the end of ' this week or as soon ,as the
Commissioners Court can give its approval.
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ADJOURNMENT:
With no further business to come before Council 'at this time,
motion was made by Councilmember Bell, seconded by Councilmember
Jenkins~ that the. meeting 'adjourn.' Such motion carried and the
meeting adjourned at 8:25 p.m.
A~Ol(\~
City Secretary
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Mayor .
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[
CITY COUNCIL WORKSHOP SESSION
THURSDAY, SEPTEMBER 7, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
City Council convened in workshop session in the Municipa-lBuilding,
3800UniVersftyBoulevard,in the,C.ityiof'We.st University'Place, on
Thursday, September 7, 1989, with the fo 11 owi ng members present: Mayor
Higley, presiding; Councilmembers Jenkins and Watson. Council members
Bell and Redeker were absent. ' Also present were the City Manager, City
Secretary, City Attorney and the Director of Operations.
HEARING OF 'RESIDENTS:
Joan McCay, 3029 Carnegie, requested Council consider
reverting back to three-foot sidewalks rather than four-foot
sidewalks. She did not think:theCityneededany more concrete in
it.
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Ms. McCay expressed her concern about the house next door to her
that will be demolished. The windows are open, the back,door is
open a~d it is dangerous.
Ms. McCay asked why the sidewalks are torn out as the first
thing the builders do when they en~er a construction site. Why
are not the sidewa~ksmaintained as long as possible for the
residents.
Mayor Higley ,thanked Ms. McCay for.her,comments and offered that
City Council 'would be looking at the state of the sidewalks over
all and ,would consider her comments at that time.
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DISCU$S,AND! CONSIDER RESOLUTION APPROVINGAND,ADOPTING, AMENDMENTS TO
THE. RESTATED ARTICLES OF INCORPORATH)N'FOR THE FRIENDS OF'WEST U
PARKS...; ,
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Russ Schulze, Chairman of the; Parks Board, reviewed the points
made at the Friends of West University. Parks Fund Board meeting
relating to. the Articles of Incorporation. Mr. Schulze reported
that the Friends Board recommended that Chapter 16 of the Code of
Ordinances be amended to provide. any: person appointed to the
Friends Board who, are not on: the, Parks: Board may become an
advisory member of the Parks Board without voting rights. Mr.
Schulze.alsosuggested the Artitles.of Incorporation'be approved
by tax~counsel, to determine the tntegrity of the tax exempt status
of the corporation.
After discusston,. Councilmember 'Jenkins made the: 'TIollowing
motion: Be it resolved by the City.Council of the City of West
University Place, Texas, that' Gity.Council hereby approves and
adopts the amendments to the Restated Articles of Incorporation
for the Friends of West University Parks Fund. Councilmember
- .h '
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City Council Workshop Session, September 7, 1989
)
Watson seconded the motion which was voted on and carried, as
follows:
Voting Aye:
Voting No:
Absent:
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Mayor Higley, Councilmember Jenkins, Watson
None
Councilmembers Bell, Redeker
DISCUSS AND CONSIDER RESOLUTION APPROVING AND ADOPTING AMENDMENTS TO
THE RESTATED AND AMENDED BYLAWS FOR THE FRIENDS OF WEST UNIVERSITY
PARKS FUND:
City Council reviewed the bylaws. ' '
Councilmember Jenkins made the following motion: Be it resolved
by the City Council of the City of West University Place, Texas,
that City Council hereby approves and adopts the amendments to the
Restated.and Amended Bylaws, for the Friends of West University
Parks Fund. Councilmember Watson seconded the motion which was
voted on and carried, 'as follows:
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmember Jenkins, Watson
None
Councilmembers Bell, Redeker
DISCUSS AND CONSIDER APPOINTMENT TO FRIENDS OF WEST UNIVERSITY PARKS
FUND BOARD:
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Mr. Schulze reported the following,recommendations relating to
appointments to the Friends of West University Parks Fund Board:
Position 1
Pos iti on 2
Position, 3
Position 4
Position 5
Position 6
Position 7
Position 8
Pas iti on 9
Position 10
Pos iti on 11 '
David Agerton
Tom Rushing
Gregory Gerber
Charlotte Banham
Robert Frappier
Nancy Bradford
Terri Dickinson
Phil Sudan
M~ David White
Russ Schulze
CurtisR. Cooper
.. Term expiring August 31, 1992
Term expiring August'31, 1992
Term expiring August 31, 1992
Term expiring August 31, 1990
;Term expiring August 31, 1990
Term expiring August 31, 1990
Term expiring August 31, 1991
Term expiring August 31, 1991
Term expiring August 31, 1991
Ex officio member
Ex officio member
Mayor Higley called for a motion to approve the appointees to the
Friends of West University Pa~k Fund Board.
Motion was made by CouncilmemberJenkins, seconded by
Councilmember Watson, that City Council approve'the appointees as
recommended.
Voting Aye:
Voting No:
Absent: ,:
Mayor Higley, Councilmember Jenkins, Watson
"None
Councilmembers Bell, Redeker.
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City Council Workshop Sess.ion,Sep:tember 7, 1989
95
o
lhe, City Attorney advised tha,t,on.eiofthe recommendati ons from the
Fri ends af Wes t Un i vers i ty Pa rks Board meeting was :to pU,t adv i sory
members on the: Parks Board. Those members of the Friends Board
who are nota part of thePa rks, BO.ard .wou 1 d sit with the Parks
B'oardas an advisory memberwtthout voting rights. If Council
wished to follow through onthe"recommendation, it would involve
amending Section 16 of the Code of Ordinances.
It was the cons.ensus, of City, Co unci 1 for the City Attorney to
prepare,an ordinance ,.to amend SectionJ6.
';!
msr.llssnRAn 01= r,RI=I=N SPAr:I=' I=FI=ORnTNANr.I=.
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The City Attorney distributed a.;dra.ft of,an ordinance pr,oviding
requirements for park land dedication and establishing a special
fund for money paid for park development. ' Mr. Dougherty explained
the draft was based on' the,College~:Stationordinancewith
amendments necessary for local application in West University
Place. The ordinance would apply to subdivision of1lots,and other
development in the City. The administration would include the
Zoning andPl anni ngCommi ssion 'and the Parks' and Recreation
Board. In addition, since Mark'.spradling put in so much effort
researching the fee, it was ,suggested the Long Range Planning
Committee might.want.tobe involved in studying this ordinance.
It was recommended that the draft ,be deferred to the three groups,
or some part of those, for study. ,TheCityAttorney further
recommended the committee be prepared to hold a public hearing and
to'dbsome:fact-i finding:.< illhe:CitY:iAttorney advised that the
burden ofthefee'would'need to be tied to the benefits.
,
Councilmember Jenkins asked what would be the validity of the
ordinance andcwhatwould'be the exposure, to the City.
Mr. Dougherty responded he would do an assessment of the ordinance
and provide a memo to Council. ,The..:committeewould provide a
public hearing, do the fact finding and come back to Council with
a:recommendat.i on. It: mi gh:tbeai1: .opportunity to bring in the
Tapley-Lunow park study.' The City 'waul d need to adopt an
official park map.
Council member Watson" asked:; ilfrthe:; o:rdinance was desj gned just for
the possibility th~ YMCA is sold.:,
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The City attorney explained the ordinance could have alQrger
threshold. IINew developmentll would, nee:d to, be defined and a
threshold set.
<::- : r:-, :; < , 'u ,~_,-.J , ,
Reid .Wilson' suggested::the:collections!would be, on"aper unit
basts:~ ei'ther:: perhous'e cor; 'per. s:qu.are]foot.::Jbe"basis ,for
co llecti on~would nee'd>.to'be':'studied'and, the.re wowl d have, to be a
responsi'ble ',rel at.tonshj pto::b,enefJt$ .:,; i l j ii, ·
.' ,,\
Mayor Higley:recommended' thecorrimittee useccauti'onsothat the fee
has a relatio'nshipto':theimpact .of'.new homes.
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96
City Council Workshop' Sess,ion,. Se.ptember,.],. 1989
Councilmember Jenkins suggested that perhaps the better time to
consider'the green space fee' is after the park study is completed.
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Mark Spradl ing responded that if the City waits to adopt a fee for
additional .park land, theC-;-ty wtll not have collected the money
to avail itself of opportunities as ,they arise.
Mayor Higley reiterated that the City Attorney's recommendation is
to give this to a committee ora ,.group of committees and asked if
the members of Council concurred. It was the consensus of Council
for Mark Spradling to Chair the ad hoc committee and to come
back to Council with,his recommendation for committee members from
those appointed to the Long Range Planning Committee, the Zoning
and Planning Commission',and the .Parks Board.
'.
DISCUSS DRAFT OF ORDINANCE AMENDING ,THE CODE.OF ORDINANCES RE UIRING
10 000 BOND: FOR SIDEWALK CONTRACTORS:
The City Attorney reported ,there are cttizens who would like to
have sidewalks repaired.by city contractors while the contractors
are working in the neighborhood.' Under a proposed amendment, the
homeowner would be able to contract with a contractor working for
the ,city to repair their sidewal,k. ; The contractor will still have
to get a license and a ,permit. _The license would be applicable
for as long as the contractor is working in the city, .but the
permit would be required for.~eachjob. ' '
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Mayor Higley asked if Council 'wished to place the ordinance on the
agenda for the regular meeting scheduled for Monday, September 11,
1989. It was agreed to place the ordinance on the agenda.
DISCUSS PROC~DURES FOR ADVICE GIVEN FROM INSPECTIONS DIVISION:
Mayor Higley asked that this item be removed from the agenda to be
discussed at a, later. time. .:
Motion.was made by Councilmember Watson"seconded, by Councilmember
Jenkins, that Procedures for Advice from Inspection Djvision be
removed from the September 7, 1989, workshop agenda.
Voting Aye:
Voting No:
Absent:
Mayor: Higl ey". Counci lmembers Jenki ns, Watson
None'
Councilmembers Bell, Redeker
DISCUSS POST TENSION SLABS:'
City Manager, Richard Rockenbaugh, advised Council that members of
staff met with a structural engineer.to help research Council IS
questions concerning 'post' tensi'on .slabs. It was determined from
the meeting that there, are, two options available.. : One option
would be to prohibit, post-tension,slahs. Howeve~,there may be
some risk to the City to prohibit them all together. The second
option is to require, additional inspection by the designing
engi neer and certi fi cati on by the engi neer fo~r both the post
1
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City Council Workshop Session, September 7, 1989
97
o
tension and conventional slabs. >There have been some problems
with the post tens ion slabs, through the yea r.s., ,The \prQb 1 em is the
engineers design the 'p6st tension slab~th~n the builder is
supposed to build it according to the specifications. However,
some builders may not a,dhere to the specifications ,as written.
. .
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Mayor 'Higley asked ,for a consensus of Council and it was, decided
that City Council would like,to ,puFsue inves.tigatingthe
pro,hibition of post-:,tension .s,labs. ',: .
DISCUSS CHURCH PARKING LOT .STATUS:: ,'i'
o
City:Council reviewed,the:proposalJrom.theWestUniversity
Baptist Church for. the City1s participation in the maintenance and
repair of the church's parking lots. Parking spaces have been
shared through the years wi1:h no formal . agreement. ,The City
provides 116 parking spaces and the ~hurch provides 89.
Mr. B. L. OINeal, the church treasurer, ,commented that the
church felt it had made a substantial commitment on parking and
the City uses the facilities during workdays. There is wear and
tear on the facilities and the church would like to have some
relief for maintenance. Mr. OINeal stated the church ,is trying
to work with the City for the use of those facilities used during
the week.
,Mayor Higley commented: that it washer understanding that the
.Senior Services BoardChai.rman had:permi.ssiol'il from ,the ohurch to
use the parking spaces adjacent to the Senior Wing.
. i' ,:,.., "I ,
:Mr. Roy Harper, representing the Baptist Church, stated the church
had never had a problem with the City using these facilities. The
church was trying to get some relief for investing their funds.
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Mr. Rockenbaugh explained that the sanitation employees, use
approximately 1/2 of the 39 spaces on Milton Street. The 27
.'", other spaces on Milton are used for,.functions at the Community
-~ ';, Bui 1 di ng~, The City .reserves 'the' 1 ast" three spaces ,j n front of the
,'" 'police department and the':spaces di'rectlybehind the police
, ':~ department: for. porl ice.. un its.: . ,-i" 'r,:' ':, " "
Mayor Higley suggested that staff prepare a counter proposal and
'come'back to City CoOncil:'w~i1:httheijr:'re€ommendatjof1s,.: Then City
Council would be able to :r,eview the'€,ounte.r,proppsal with the
church members.
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DISCtlSSAND CONSIDER^CHARGE'ifO BOARDS AND COMMITTEES:
I:
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, ;Mayor,Higley reviewed the, charge: to each Board or Committee with
,,:CHyCouncil. ' Suggestions were"made tncluding a writte.n report
"fromCol:Jncilmembe,r Bell who:; was' absent~. ,:: . ,
After discussion, City Council decided on the following:
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98
City Council Workshop Sessi on" September. 7, 1989
Long Range Planning: Inventory the street to determine the ones
most needing repair. Report to Council by January 1, 1990. Add:
If pos~ible include a :reporton sidewalks.
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Recycling 'CommHtee:,' Add: Sponsor a town meeting
1990, em hasizin rec clin to mobilize the citizens. Ex
tat the 'primary To'a 1- ofree*cling is,'to extend the short
the c l"ty I sl andfi 1 ~ ,'Wi t:h "t at. in' nii nd , educate c i ti zens
use of the City of Houston Recycling Center on Westpark.
Improve the drop-off collectio~ bins 'on Milton Street~
I~vesti.gate ways to make home c,ollection more efficient.
Parks Board: Add: Continue~o out a major emohasis on
improvements to existing parks;
Work with the Recycling Committee to place any net profit from
recyc 1 ing in the parks. fund.,
COUNCIL COMMENTS:
I.. ;; Ii.
Mayor Hi,gley reported that Houston Independent School District did
not provide crossing guards for the first week af school. The
police officers volunteered for the duty on the first day of
school and since then Fire Department personnel were serving as
crossing guards. Theschoolidistrict'will provide the crossing
guards, but were unable to do sathe first week of school.
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Mayor Higley read a letter from Gene Hines resigning from the
Senior Services Board and remarked how much Mr. Hines will be
missed.
Mayor Higley reported she received enthusiastic remarks concerning
the "Police Blotter".' .
Mayor Higley stated.she received more comments concerning trash
out too early beforera' scheduled";pick up.. The Mayor suggested
single liners in IICityCurrentsll be used to remind residents not
to put trash out earlier than 12;hours before the designated
co 11 ecti on day.
Councilmember Jenkins inqui-red' into the status of the s.idewalk at
3302 Rice :which needed to be repatred. ,.,
Councilmember Jenkins asked about the status of the damaged curb
and driveway at 3776 Tangley.' Mayor Higley advised that she had
written a response to the resident explaining the City's
position. The contractor who was-.responsible for the damage has
been notified by staff and the curb will be repaired. The City is
limited to addres~ing only those'areas that are considered public
property. Personal property damage would be a civil matter.
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City Council Workshop Session, September 7, 1989
99
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Councilmember Jenkins asked.about.tbe header on sewer inlets that
are crushed from tim.e t.o. ,til1!e,~ Mf? cRQ.ckenbaughexplained that the
Street Departmentrep.~i.r.s the~ead:ers , however, truCks crush them
and it is an on-going problem.
Councilmember Watson reported a water leak at the corner of Lake
Street and Amherst.
STAFF .REPORT:,
. ~ . .,. ,.. .. . .
City Manager. Richar.d Rockeob~ugh,. had nothing further for
Council's consideration at this time.
ADJOURNMENT:
With no further business to come before City Council at this time,
motion was made by COl,ln<;:ilmember Watson. seconded byCouncilmember
Jenkins. that the meeting adJourn. Such motion carried and the
workshop session adjourned at 9,:07 p.m.
c
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Mayor " . ,
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AUdre~lS- ;;J-
City Secretary
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CITY 'COUNCIL WORKSHOP SESSION
MONDAY, SEPTEMBER 11, 1989
MUNICIPAL BUILD1NG
3800 UNIVERSITY BLVD.
6:30 P.M.
L-...'
City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, September 11, 1989, with the following members present: Mayor
Higley, presiding; CounciTrriembers Bell , Je'n'kins and Redeker.
Councilmember Watson arrivedat.6:37 p.m.~ ' Also present were the City
Manager and the City Secretary.
CLOSED EXECUTIVE SESSION
Mayor Higley explained the'City'Attorney advised that the closed
executive session bere-posted for another meeting with some
additional detail in-the subject:descriptfon:
After discussion, it was the consensus of City Council to
re-schedule the closed executive session for Monday, September 18,
1989, at 6:30 p.m.
PRESENTATION AND GENERAL REVIEW OF THE PROPOSED BUDGET FOR 1990:
C. Boone Schwartzel, 2739 Pittsburg, requested to make comments
concerning issues that might be considered during the budgetary
process. Mr. Schwartzel, as a former Councilmember, addressed
Council. He read in the "City Currentsll that consideration might
be given to increase the senior citizen exemption. Mr. Schwartzel
does not think that age is necessarily a sign of indigence. As
time goes by, the City's population will get older and the number
of senior citizens will increase. The City's policy now is to not
foreclose on homes for taxes. If Council increases the exemption,
with that policy in place, the increase may only be a benefit to
the heirs because they will pay less money in back taxes. Mr.
Schwartzel urged City Council to consider leaving the senior
citizens exemption at the same level or to reduce it.
Councilmember Redeker commented that the homestead exemption is
valid for the county and for the school district. Did Mr.
Schwartzel think it would be good to grant a homestead exemption
in the City.
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Mr. Schwartzel responded negatively because so many homes are
owned as homesteads and City Council would have to raise taxes to
cover the difference.
Mr. Schwartzel suggested that the benefit of an increase of the
senior citizen exemption over the present $42,850 would be a
pittance to those senior citizens on a fixed income.
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Mr. Schwartzel commented on the JMH property. It was his opinion,
and he thought the consensus of the former City Council, that the
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101
City Council Workshop Session, September 11, 1989
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JMH property was a poor site for a park because it,is near the
, City's water plant and the street department. There were good
reasons ,to acquire the .s,ite. It solved the' 'zoning problems
associated with the property and .it would provide green space. It
was the consensus of the former Council to sell a portion of the
lots to offset the cast of tile .:property and thereby. put money back
into the general fund for investment into other park space. It
would free up the 'equity .forother.,parks. Mr. Schwartzel
explained that there are five lots. The City does not need all
five for a buffer and green space. The former Council proposed a
pocket park for the site;
Cbuncilmember Bell agreed that it was part of the negotiations on
.Counci 1. at that time.. '.
c
Mr.Schwartzel reported.that as a volunteer effort of Trees Of
Houston and Southside Place, 300 to 400 trees are going to be
planted in the medians on Bellaire Boulevard from Kirby Drive to
'~:t.he ra'j,lroad tracks. He,as'ked Council. to consider funding a part
of the program. The county'has agreed:to acqulre the trees and to
. plant theni, but the county,does'-;not have the money to maintain the
, trees and .water:them.....TheJpr;ogram needs a minimum of $15,000, or
.really $20,000, in reserve for those trees that die. Mr.
, . 'Schwartzel hopedtbat lanythi.ng. the, City Council could commit from
moneyiin its existing :budget" .theY'iWould consider contributing to
1 ,the fund . Trees of Houston ar;-e"goi'ng to water and ,ma i nta in the
trees if enough money can be.,raised. .;Planting will take place in
the fall or winter. The arrangement is a good sign the county is
.., 'interested: in:the,area.andIMetrQ:~!s aJsoi1],00king;at the plans.
~'M~. SthwartzeJ advisedthatlnone:.of.the trees;will. actually be in
the city's jurisdiction. He left the maps for Mr. Cooper and Mr.
Simpson to review so.that:problemswith utilities may be, avoided
after the trees:are p3ahted.~I: 'f ..
At this time, Mayor Higley proposed staff present"a; general
overview of the budget. After Council has had time to study it,
imeetiilgs will be scheduled forin~depth questions and comments.
. Any questions City Cbuncil may have, call the City Manager or
'Director of Administratjon~ ~]f yo~r question would take over 30
minutes of staff rese,artb.:time,ibring: that request to, Council as a
whole.
City Manager, Richard Rockenbaugh, explained that the budget
format is somewhat different. The overview and analysis have been
combined with the specific budget line items.
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Director of Administration, Donna Sims, reviewed the property tax
values and related information from the appraisal district. The
proposed budget was prepared with no tax increase. "She noted the
calculation of the effective tax rate and the rollback rate. The
total valuation for the year is $902,009,010. As the budget is
proposed, a $5,000 increase in the over-65 exemption would result
in a 3% tax increase.
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102
City Council Workshop'Session, Sep,tember 11, 1989
Mr. Rockenbaugh reviewed the section on personnel and related
items. ' The proposed Qudget i nc 1 udes allowances for .a 4% meri t
increase for personnel. The increases, if earned, would become
effective on April 1, 1990.
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RECESS WORKSHOP SESSION TO CONVENE IN REGULAR SESSION:
Mayor Higley recessed the .workshopsession at 7:27 p.m. to convene
in regular session.
RECONVENE WORKSHOP SESSION IMMEDIATELY AFTER REGULAR SESSION:
The workshop session reconvened at 8:03 p.m., with the following
present: Mayor Higley, presiding, Councilmembers Bell, Jenkins,
Redeker and Watson. Staff members present were the City Manager,
City Secretary, Director,ofAdministration and the Director of
Operations. .
PRESENTATION AND GENERAL REVIEW OF 'THE PROPOSED BUDGET FOR 1990:
Donna Sims continued the, general review of the budget and the
general fund analysis.:.The;:proposed .budget included an increase
in garbage fees from $11.00 to $11.75 a month to adequately fund
the solid waste operations.' No 'increases were included for the
tnspections Division or Recreation Division. Ms. Sims reviewed
the general fund revenue highlights,: the general fund expenditure
highlights and the general fund fixed assets.
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Councilmember Jenkins suggested 'staff.look at going out for
gasoline and fuel purchases and abandoning the city's fuels tanks.
Ms. Sims concluded with the review of debt service, water and
sewer fund income summary and capital outlay.
ADJOURNMENT:
With no further business to come before City Council at this time,
motion was made by Councilmember Bell, seconded by Councilmember
Redeker~ that the meeting adjourn. Such motion carried and the
workshop session adjourned at 8:52 p.m.
Abl(0u
City Secretary
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REGULAR CITY.COUNCIL MEETING
SEPTEMBER 11. 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
;T: 30P'.M.,
City Council convened in regular session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, September 11, 1989,i withthefollow-ing members present: Mayor
Higley, presiding; Councilmembers'Bell, Jenkins, Redeker. and Watson.
Also present were the City Manager, City Secretary, City Attorney,
Director of Adlllinistration,ancl.the Director of Operations..
CouncilmemberBell deliverechthednvocat1on and led the Allegiance to
the Flag.
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BARBARA LANCTON CERTIFICATE OF APPRECIATION: Mayor Higley
announced that she had a very special privilege and asked Barbara
lallcton to please come --forward .,.'For'those who do not know,
Barbara'Lancton has'been.Qur;'swim coach in West University and has
been one of our finest contributors to the City. Barbara has
brought, the's tze of; the "swimcteam from about 70 :members to
'iappro~~'mately ',j40 ..'i$he:~i,s a:,great mdMvator.",;,'Shegetsthe 140
children and their parents down .to swim practice about four days a
week in the summer time at 7:00 a.m. and gets them there
enthusiastically. She. knows':every,one' s name individually and she
makes them all feel very special about themsel ves. Barbara is a
fierce competitor. Evidence of that-is the city has had a winning
swimming team the last three out of four years. She is a fine
sport and fair in all things. She does all of this and takes care
Ofher: fami ly of five children. Jt<l s,.myprivi 1 ege to read the
CertificateofAppreciatioll~b~fore presenting it to Barbara. The
certificate was presented on behalf of the City of West University
Place. . .' H , : .
liThe Mayor and City Counci 1 gratefully acknowl edge Barbara Gi bson
Lancton'and hereby award this Certificate ,of Appreciation for her
s'ignificant contributions::to the youth, of West' .University Place,
Texas, and to the community' through he.ri nstructi p.ns in teaching
the West University Swim Team ,and thJs .endeavor" she has taught
the values of hard work, team spirit and sportsmanship in a way
that it' will leave a.lastiingimpress,ion upon the youth which they
'will cherish and remember for life.
In testimony I have ~ignedmy:name. and. caused. the s,ea 1 of the City
of West University to be affixed this 11th day of September, 1989.11
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Mayor Higley presented the> Certificate of Appreciation. A
standing ovati on was"given; to Rarbara Lancton.
HEARING OF RESIDENTS: Mayor HigJey in.vited restdents to speak who
,.,'b".
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104
Regular City Council Meeting, September 11, 1989
had matters they wished to br'i!ng to .the attention of the City
Council which had not previously been submitted to the City
Manaaer.
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Clay Holster, 3504 Albans, addressed City Council. About 7 weeks
ago Albans was paved and he understood that the street department
would clean up the excess rocks. Nothing has happened and Mr.
Holster wanted to know when he could expect the street to be
cleaned. '
Mayor Higley thanked Mr. Holster for bringing his concerns to
Council and referred the issue ,to staff.
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CITIZENS RESPONSE TO AGENDA ,ITEMS:. Mayor, Hi gl ey invited res i dents
who wi shed to address a specH1.c agenda item to .speak at thi s time.
There were none present who wished to speak concerning an agenda
item. ' .
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ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Council suggested removing an item from the consent agenda.
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CONSENT AGENDA: ' Motion was made' by: Gouncilmember Redeker, seconded
by Councilmember Jenkins"that the consent agenda be approved in
accordance with staff recommendation.
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, . Watson
None
None.
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Voting Aye:
RESOLUTION APPOINTING FRIENDS OF WEST, UNIVERSITY PARKS FUND BOARD:
Mayor Higley presented Resolution Number 89-24, as follows:
RESOLUTION NUMBER 89-24
WHEREAS, it is the 'obligation of the City
Council, pursuai'l,tito prov.isionsof the City Charter
and ordinances heretofore adopted, to appoint members
to various Boards; and
WHEREAS, the Mayor and members of the City
Council have contacted qualified citizens to serve on
the Friends of West University Parks Fund Board of the
City of West University Place, Texas; and
WHEREAS, certain persons have indicated a desire
and willingness to serve as'members of the Friends of
West University Parks' Fund Board.
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NOW, THEREFORE" BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS:
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Regular City Council Meeting, September 11; 1989
105
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Section L .That the follow.ing persons be
appointed to serve as members .ofthe Friends of West
University Parks Fund Board: '
Position 1 David Agerton Term expiring August ~1, 1992
Pos iti on 2 Tom Rushing Term expiring August 31, 1992
Pos iti on 3 Gregory GerbeiY' .>' . Term expiring August 31, 1992
Position 4 Charlotte Banham "Term expiring August 31, 1990
Position 5 Robert Frappier.; ;'. 2';Term expiring August 31, 1990
Position 6 Nancy Bradford Term expiring August 31, 1990
Position 7 Terri Dickinson Term expiring August 31, 1991
Positi on 8 Phil Sudan ,.-" Term expiring August 31, 1991
Position 9 M. David White Term expiring August 31, 1991
Pos iti on 10 Russ Schulze Ex officio member
Pos iti on 11 Curtis R. Cooper Ex officio member
Section 2., That the persons' hereby appointed to
the Friends of West University Parks Fund Board shall
serve without compensation.
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Section 3. Each appointee shall serve the term
indicated and thereafteruntiLthe member1s successor
is duly selected,and shall have',qualified.
Section 4. That Tom Rushing is hereby designated
to serve as, Chairman of.\the Friends of West Univers ity
Parks Fund Board as prescribed by the By-Laws of the
Friends of West University Parks Fund~
Section 5. All resolutions and parts of
. reso 1 utions in confl ict herewith. are hereby repe(il ed
to the extentoftheconflict.only.
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Section 6. If any word, phrase,clalJse, ,
.!' sentence, paragraph, secti on' or:- other part of tnj~
'.1 resol ut i on or the' app] i ca t ion: thereof' to any person, or
circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent
jurisdiction,. the remaJndet of,this resolution and the
a'ppli cati on of such word, phrase, cl ause,senten,ce,
paragraph, secti on or other p,art of thi s resol ution to
any other persons or circumstances shall not be
affected' thereby.
Section 7. 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,thi s;resoJution was di scussed,
consJder.ed'or, acted upon was givenin;,the mariner
required by the Open Meetings Law, TEX. REV. CIV.
STAT. ANN. art. 6252-17, as amended, and that each
such meeting has bee.n,open to. the public .as r,eq\Jired
by ,1 aw ,at all times durtrigsuch'dis~uss ion,
consideration and action. The City Council ratifies,
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106
Regular City Council Meeting,' September 11, 1989
approves and conHrms such notices and the contents
and posting thereof.
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PASSED AND APPROVED this 11th day of
September ~ 1989.
Councilmembers Voting' ,Aye: '
Councilmembers Voting NO~j
Counci 1 members Absentl:I" '.
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Laura C.Hi,gley,Mayor
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ATTEST: AP-PROVED AS TO FORM:
Audrey ,Nichols
City Secretary
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- "James L.- Dougherty, Jr.
City Attorney
(SEAL)
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Motion'was made by Councilmember.Jenk:ins, seconded by
Councilmember Redekeri~that Resolution 89-24 be adopted as
presented.
Voting'Aye:
Voting No:
Absent:
Mayor'Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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Mayor Higley administered the Oath of Office to the Friends of
West University Parks Fund . Board:.members present.
RESOLUTION APPOINTING GREEN SPACE FEE STUDY,COMMITTEE: Mayor Higley
explained that the list for the GreenSpaGe Fee Study Committee
members was not yet finalized,and,recommended the resolution be
tabled for tonight's meetings.
Motion was made by Councilmember Redeker, seconded by
Councilmember Bell, that Resolution 89-25 be tabled to be
considered at another meeting.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None ..
None
Voting No:
Absent:
ORDINANCE RELATING TO SIDEWALKS. :DRIVEWAYS.: CURBS AND GUTTERS:
Mayor Higley' presented Ord'inance Number 1352 and read the caption
as foll ows:
AN ORDINANCE RELATING TO SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS;
AMENDING THE REQUIREMENTSFo.R A PERMIT, LICENSE AND BOND IN
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Regular City Council Meeting, September 11,1989
107
D
CERTAIN .CIRCUMSTANCES,;.CON.T;AININp:FINDINGSAND PROVISIONS RELATING
TO THE SUBJECT; AND IlEGLARI"NG AN :EMERGENCY.
Motion w,as made byCounc:i llT!emb,~r Red.eker, seconded by
Councilm~mberBe,ll, .th,a,tOr,d:tn~'f)c:~ NUJT1,be,r, 1,352 be adopted on first
and final readin9as pres~nted,., '
Voting Aye:
Voting No:
Absent:
Mayol^,\.'Hi g,ley ,!,:,Cqunci lmemhersi rBe 11, Jenki ns,
Redeker', Watson,
None
None
ORDINANCE RELATING TO; THEP,i.\RKS ,HOARD: Mayor. Hi gley presented
Ordinance Ny.m.ber J353"anqread ,the.c::aption, as follows:
AN ORDINANCE RELATING TO THE PARKS AND RECREATION BOARD; ADDING A
PROVISION FORADVISOR'CMEMBERS; At1ENDING THE CODE OF ORDINANCES OF
THE CITY OF WEST , UNIVERSITY.,iPLACE , TEXAS; AND. CONTAINING FINDINGS
,AND PROVISIONS RELATING TO'THE SUBJECT.
Motion was made by Councilmember Redeker, seconded by Council-
member Jenkins, that ,Ordinance Number 1353 be accepted on first
reading as presented. '
r'
Voting Aye:
Voting No:
Absent:
Mayor Higley,Councilmembers Bell, Jenkins,
Redeker, Watson
None
None ,\
SANITARY SEWER, PHASE 3, PRIORITY, AREA. 1" WEST UNIVERSITY FIRST
SUBDIVISION: Consideration was given to Monthly Estimate No. 7 in the
i.. 9mount of $180.,002,. 91;slJl:>m~t:te9,by Wt:J~,~elak, Inc., for work
performed through August 25, 1989, on the sanitary sewer
renovation project in We~t University Fir~t Subdivision.
uMotion was made by, Councilmember" ~edeker, seconded by ,
Councilmember Jenkinsj that Monthly Estimate No. 7 ihthe amount
of $180.002.91 submitted by Whitelak, Inc., be approved for
'(payment.
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Voting' Aye: , ,."Mayor, Hjg,ley,.,.Cqunci 1 members , Bel ~, Jenkins,
Redeker~Watsol1
Voting No: None
Absent: None
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ENGINEERI'NG SERVICES, FOR VARIOUS, UTILITY. RELATED. PROJECTS: '
Consideration was given to the invoice~ totaling $9,382.47
submi tted by Langford Engi neeri ng I nc., for the fo 11 owi ng:
(a) lnvoi ce No. 5916 in ,the amount of $2 ,603~26 for Pri ori ty
Area 3, Sanitary -Sewer;
(b) Invoice No. 5911, in the amount of $103.07 for the Study
to. Fully Automate the" Wakeforest Water Plant; and
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108
Regular City Council Meeting,' Septerilber:11;'1989
(c) Invoice No. 5918 in the amount of $6,676.14 for Phase 3'1
Priority 'Arfia~No. 1 'Sanitary Sewer. -.J
Motion was made byCouncilmember'Redeker, seconded by
Counci 1 member; Jenki ns, tha't:the ,i nvoi ces,submitted by Langford
Engineering Inc., be approved.:for payment as. listed~
Voting Aye: ' ."Mayor Higley,' Councilmembers' Bell, Jenkins,
Redeker~ Watson':
Voting No: None
Absent: None
LEGAL SERVICES: Consideration'was given :to the invoice in the
amount of $3,630.95 submitted for regular legal servi-ces rendered
. on the City's behalf for the month of August 1989.
Motion was made by Councilmember Redeker, seconded by
Councilmember Jenkins, that, the invoice in the amount of $3,630.95
for legal services.for .th~ monthiof.August 1989 be approved for
payment.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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CITY COUNCIL MEETINC MINUTES: Consideration was given to the minutes
of the City Council meetings, as follows:
(a) City Council Workshop Session, August 24, 1989;
(b) City Council Wor~shop:Session, August 28, 1989; and
(c) . City Counci 1 Regula~ Session, August 28, 1989. :
Councilmember Jenkins ,offered the following corrections to the
City Council Workshop Session of August 24, 1989: ..
Page 5, 5th paragraph: Councilmember Jenkins suggested the
Inspection Division require a simple drawing, 8 1/2 by 11, of new
const~uttion, (strik~:' ~e ~es~e~ a~ ~~e eeRs~~~e~ieR si'es
included in the construction letter sent to residents which would
show how close the building will be to the adjoining property
lines. '
Mayor' Higley offered ,the folJow.ingcorrections to the August 24,
1989 Workshop' Session: .' .
Page 2: last paragraph: Mayor Higley was pleased with the
response to the survey, but thought that, percentage wise, the
response of add: senior citizens 'was ,low.
Page 3: 5th paragraph: Mayor Higley recommended, with the
concurrence of Council, that the Parks Board come back to Council
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109'
Regular City Council. Meeting,: September ,11, J989 ,
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at some, .future time with.add,:,specii-fi.o recommel1dations
concerning;a sidewalk r;epla'ceinentprog,ram,.bicycle ,safety,
. pl ayground ~equipment ,;safety, :..(stri ke,: easketeaH .~ea~s), and
other recommendations gathered from the park study. '
Hearing no further corrections oriadditions offered, Mayor Higley
called for a ~otio~.
Motion was made by Councilmember Redeker, seconded by
Councilmember Jenkins, that the minutes of the following meetings
be approved asamended~
(a)
(b)
(c)
City Council Workshop .Session, August 24, 1989;
~ I ,
.City Council-Workshop Ses.sion, August 28, 1989; and
City Council Regular.Session, August 28, 1989.
Voti ng .Aye:
Voting No:
Absent: '
Mayor. Hi gley, Counci lmembers Bell ,Jenkins,
Redeker., Watson ."
None '
None'
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COUNCIL COMMENTS:, Ci:ty Council had"nothing further to offer at this
time. ' . ,
STAFF REPORT: City Manager, Ri;chard Rockenbaugh, reported that
on Tuesday, September 5! 1989, Municipal Court had nine cases
i'nvo 1 ving citati onsi':issued, tO~lprobl em: ,areas ooncerning, buil ders
and trash and.a ,few were rest~urants'and,hea]th problems~ Total
fines were$650;OO~;This is the,first'group of such citations
submitted to Municipal ,Court.
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The'schoo'ls district failed:to, supply school.crossing guards the
first week of school. One member of Council inquired where the
school:arossing guards:would'be 'located. When I:HSDfurnishes the
guards, which they will, the guards will be at the same locations
.as they were last year. But, on the first day there were no
crossing guards and I asked tbe Fire,Chiefto talk, to. the firemen
to see if they would volunteer their services to help; The
firefighters did so at Auden and University and have enjoyed
it. The first day, they were~ c:rossj,ng'i.childr,e,w and hand.ing out
candy and talking, to them~ It has been a real good experience for
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We have had numerous, comp 1 alnts ov,er the y.ears about :the rail road
tracks and the Exxon 'easement. behind Community, Drive. Staff is
working on some ideas~hat ~opefully will resolve that problem.
First, Exxon has been contacted by the Police Chief who expressed
the problem the city is having with drugs, burglaries and that
sort of activity in the area behind Community Drive. The high
grass and weeds growing on the railroads tracks and the Exxon
easement creates an enforcement problem. Staff is encouraged that
we got their attention. Exxon seems to be much more responsive
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110
Regular City Council Meeting" Septe!l1ber'll-,- 1989
and have' indicated to.the,Chtef"thattheywi,n. ,give it more
attention and will -resJ:londiwheneven they need to clean up their
easement,., ,las.t'-'We,e.k :staffttad I,d ,meeti:ng w.i th .the . CHy ,Attorney,
and discussed the railroad right-of-way problem and how to get the
railroad to maintain their easement. Staff is working on ideas
tha t may work on the ra ilroad. ; .I ,wi 11 be report i n9 back to you as
soon as there is more information on that. It may require some
action from Council to pursue it which I will be reporting to you
very soon.
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There are two residents who recently,have come forward and
volunteered their time to help the City. We have a gentleman by
the name of Mr.'Adam:who.;isa."retired citizen of West University.
Mr. Adam is in his second year of donating hours during the week
in the Fi nance Department helping accounttngwork and speci fi ca lly
working on documentation in relation to the audit. He had the
time: andwante.d to do somethi:rig ,for the City. ,Wealso recently
brought in another gentleman who is a retired City of Houston
Sanitarian, Class 3, with the:State. Mr. Marx began today
helping in the Inspections Division. He is also working as a
volunteer. The City furnishes a vehicle for him to' use. He has
been assigned to high weeds, grass, dilapidated buildings,
dangerous structures, health hazards and hopefully we will also be
able to use him in the .area of some of these construction problems
with which we are having continuous complaints. Staff believes he
will be very helpful and particularly important because of his
credentials. We' plan on using him from 2 to 4 hours a week.
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Also, staff has been working on,acomputer system working in our
c;:omputer that will bea;,c iti-zen ,response program. It will be the
type of system that provides the responsiveness that Council feels
is necessary for the citizens. :::Mr.. rRockenbaugh advised he would
have a preliminary proposal to present to Council in the next week
or so. The program will generate 'a great deal of information such
as a follow-up with citizens evaluating the responsiveness of city
employees. Hopefully it will produce ,a report that staff can
present to City Council on a monthly basis showing activity and
disposition; the types of problems. reported and how they were
solved. Mr. Rockenbaughisuggested it might be a program to
implement before 1990. ' ,-
ADJOURNMENT: 'With no further business to come before City Council at
this time, Mayor Higley asked for a motion to adjourn the regular
session to go back into workshop session.
Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that the regul~rsession adjourn. Such motion carried
and the regular sessioh' adjourned. at 7:55 p.m. City Council
immediately reconvened in worKshop session.
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Regular City Council Meeting, September 11, 1989
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Mayor
{1 4dii.
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AUd~lS
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, SEPTEMBER 18, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
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City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, September 18, 1989, with the following members present: Mayor
Higley, presiding; CounciTmembers Bell, Jenkins, Redeker and Watson.
Also present' were the City Manager, City Secretary and the Director of
Operations.
HEARING OF RESIDENTS:
There were none present who wished to speak.
CLOSED EXECUTIVE SESSION:
At 6:35 p.m., Mayor Higley recessed the workshop session to go
into a closed executive session to discuss and consider personnel
matters relating to Council-Manager relations (Duties of City
Manager and Staff); such closed session authorized by the Open
Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article
6252-17, Section 2(g). At this time the City Secretary and
Director of Operations were excused.
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At 9:00 p.m., Mayor Higley reconvened the workshop session. The
City Secretary and Director of Operations returned to the workshop
session.
REVIEW OF THE PROPOSED BUDGET FOR 1990:
Because of the 1 ate hour, it was generally agreed by Ci ty Council
to defer discussion of the budget until another meeting.
ADJOURNMENT:
With no further business to come before City Council at this time,
motion was made by Councilmember Watson, seconded by Councilmember
Jenkins, that the meeting adjourn. Such motion carried and the
workshop session adjourned at 9:17 p.m.
Laura C. Higley
Mayor
A~lst4ckh
City Secretary
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CITY COUNCIL WORKSHOP SESSION
THURSDAY, SEPTEMBER 21, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
City Council convened in workshop session in the Municipal Building,
3800. University Boulevard, in the City of West University Place, on
Thursday, September 21, 1989, wi th the fo 11 owi ng members present:
Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and
Watson. Also present were the City Manager, City Secretary, City
Attorney, the Director of Administration and the Director of Operations.
HEARING OF RESIDENTS:
There were none present who wished to speak.
DISCUSS AND CONSIDER MATTERS RELATING TO LITIGATION (PENDING POLICE
PERSONNEL CASE):
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Mayor Higley recessed the workshop session to go into a closed
executive session as authorized by the Open Meetings Act, TEX.
REV. CIV. STAT. ANN., as amended, Article 6252-17, Sections 2(e)
and 2(g). The City Secretary and Director of Operations were
excused at this time.
Mayor Higley reconvened the workshop session at 7:40 p.m.,
whereupon motion was made by Councilmember Watson, seconded by
Councilmember Jenkins that the proposed settlement be authorized
and approved.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None"
AGENDA REVIEW:
Copies of the draft agenda for Monday, September 21, 1989, were
distributed for" Council IS review. After discussion, it was
generally agreed to accept the agenda as presented.
CONTINUED REVIEW OF THE PROPOSED BUDGET FOR 1990:
The City Manager and Director of Administration reviewed various
departmental budgets. A general discussion was held. No action
was taken by City Council at this time.
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ADJOURNMENT:
With no further business to come before Council at this time,
Mayor Higley declared the workshop session adjourned at 10:30 p.m.
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114,
City Council Workshop Session, September 21, 1989
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fl.d J (;ki, .1;
Audrey Natho 1 s
City Secretary
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115.
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CITY COUNCIL WORKSHOP SESSION
MONDAY, SEPTEMBER 25, 1989
MUNICIPAL BUILDING
3800 UNIVERSIT~BLVD.
6:30 P.M.
City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, September 25, 1989, with the following members present: Mayor
Higley, presiding;Councilmembers Bell, Jenkins and Watson.
Councilmember Redeker was absent. Also present were theC.ity
Secretary, the Director of Administration and the Director of
Operations.
HEARING OF RESIDENTS:
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Linda Brannen, Co-Chairman of the Recycling Committee. reviewed
the minutes of the first meeting of the Recycling Committee. The
minutes were left for copying to be distributed to City Council.
Ms . Brannen requested CityCounci 1 consider enacting an '
ordinance to protect the city's recycling material put out for
pick up. There are 'people dr.ivingthrough the city on Wednesdays
who are taking the aluminum cans placed curbside for the city's
recycling program. Ms. Brannen was advised that there was
nothing to control this activity at this time, but with an
ordinance on record to prohibit the taking of recycling materials
by anyone other than authorized city employees, the police
department would be able to patrol the activity.
Ms. Brannen submitted copies of an informational door hanger to
promote recycling. The Recycling Committee proposed to distribute
the door hangers in an effort to encourage residents to
participate in the city's recycling program. The committee
proposes to make the distribution this Fall and again in the
Spring. The,'cost for both distributions, would be $.1,692.88 and
Ms. Brannen asked GounciL,to Gonsider appr.op-r.iatcing-the funds
for the proj ect,. . ,
Ms. Brannen asked for reports from staff of the volume recycled
and the revenues it generated.
City Council gen~rally agreed to ask the City Attorney to prepare
an ordinancefor'consideration at the next regular city council
meeting. Mayor Higley recommended City Council consider the
expense for the door hangers at another meeting.
AGENDA REVIEW:
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Director of Operations, Curtis Cooper, presented i,nformation
relating to a change order to the DCI/Houston contract for the
renovations to the Colonial Park restrooms. The change order
included adding a baby change area and correcting shower pans and
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providing new sinks. Total amount of the change order was
$2,135.00.
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City Council agreed to consider the change order during the
regular session.
CONTINUED REVIEW OF THE PROPOSED BUDGET FOR 1990:
Director of Administration, Donna Sims, reviewed information
requested during the last budget discussion. Review was made of
various departmental budgets. No action was required of City
Council at this point.
RECESS WORKSHOP SESSION TO CONVENE IN REGULAR SESSION:
At 7:25 p.m., Mayor Higley recessed the workshop session to
convene in regular session.
RECONVENE WORKSHOP SESSION IMMEDIATELY AFTER REGULAR SESSION:
Mayor Higley reconvened the workshop session at 8:03 p.m. with the
following present: Mayor Higley, presiding, Councilmembers Bell,
Jenkins and Watson. Councilmember Redeker was absent. City staff
members present were the City Secretary, the Director of
Administration and the Director of Operations.
CONTINUED REVIEW OF THE PROPOSED BUDGET FOR 1990:
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Ms. Sims continued the review of the proposed budget. General
comments and questions were offered by City Council, however, no
action was taken.
ADJOURNMENT:
With no further business to come before Council at this time,
motion was made by Councilmember Jenkins, seconded by
Councilmember Bell, that the meeting; adjourn. Such motion carried
and the workshop session adjourned at 10:40 p.m.
A~i~~
City Secretary
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REGULAR CITY COUNCIL MEETIN&
MONDAY, SEPTEMBER 25, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
City Council convened in regular session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, September 25, 1989, with the fall owi ng members present: Mayor
Higley, presiding; Council members Bell ,Jenkins and Watson.
Councilmember Redeker was absent. Also present were the City
Secretary, City Attorney, Di rector of Admi nistrati on and Di rector of
Operations. CouncilmemberJenkins, delivered the invocation and led the
Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor Higley invited r.esidentsto speak who
had "matters they wished to bring to the attention of the City
Council whi ch had not previ ously been submitted to the City
Manager.
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Clay Holster, 3504 Albans, addressed City Council stating he
attended the September 11, 1989, council meeting to complain about
loose gravel on Albans. At that time he was told that the
street would be cleaned. However, the gravel was still on the
street and he w,ould like it cleaned up.
Mayor Higley referred ,the question to staf.f. Mr. Cooper, Director
of Operations, explained that the street sweeper was sent to
Albans Street, but if there was still a problem, he would see
that Albans wassweptagain."'
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Higley invited residents
who wished-to address!a specific ag~nda~item to speak at this time.
There were none present who,!wjshed to'speakiconcerning an agenda
item.
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ITEMS TO BE~REMOVED:FROM THE CONSENTAGENDA: Councilmember Bell
asked that agenda itemiNo~ 13~. COMMUNiTY JUSTICE COUNCIL be
removed from the consent:agenda.: "
CONSENT AGENDA: Motion' was made by Councilmember Bell, seconded
by Councilmell1ber Wat.son) that with: the exception ,of item No. 13,
the consent agenda be approved inaccorda.ncewith staff
recommendation.
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Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins,
Watson
Voti;ngNo:,None ' ,
Absent: Councilmember Redeker
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118 ,
Regular City Council Meeting, September 25,1989
PROCLAMATION FOR PREGNANCY AND INFANT LOSS AWARENESS MONTH: Mayor
Higley presented and read a proclamation designating the month of
October as Pregnancy and Infant Loss Awareness Month to increase
awareness that there are support groups available for families who
have lost their babies through death.
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Motion was made by Councilmember Bell, seconded by Councilmember
Jenkins, that the proclamation be approved as presented.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Watson
None
Councilmember Redeker
PROCLAMATION FOR WEST UNIVERSITY WARRIORS GIRLS SOFTBALL TEAM: Mayor
Higley presented a proclamation designating September 25, 1989, as
West University Warriors Day in celebration of the girls softball
team winning the American Softball Association Championship
Tournament in Austin on July 29-30, 1989.
Motion was made by Councilmember' Bell, seconded by Councilmember
Jenkins, that the proclamation be approved as presented.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Watson
None
Councilmember Redeker
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RESOLUTION APPOINTING GREEN SPACE FEE STUDY COMMITTEE: Mayor Higley
presented and read the,following:
RESOLUTION NUMBER 89-25
WHEREAS, ,it is the obligation of the City
Council, pursuant to ,provisions of the C1ty Charter
and ordinances heretofore adopted, to appoint members
to various Boards and Committees; and
WHEREAS, the Mayor and members of the City
Council have contacted qualified citizens to serve on
the Green Spate Fee .Study Committee of tbe City of
West University Place, Texas; and
WHEREAS, certain persons have indicated a desire
and willingness to serve as members of the Green Space
Fee Study Committee.
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 Green Space Fee
Study Committee:
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119
Regular City Counci 1 Meeting, .September25 ,1989
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Mark Spradling, Chairman
Russ Schulze
.Dave Agerton
Tom Rushing
Phi lSud'an
David White
Craig Glick
Mary Schiller,
Barbara Sklar
Michael Cannon
Reid Wilson
George Ruhlen
Frank Billings, Alternate
Section 2. That the persons hereby appointed to
the Green Space Fee Study Committee shall serve
without compensation.
Section 3~ That the persons hereby appointed,to
the Green Space Fee Study Commi ttee sha 11 serve unti 1
the next regular City Election of the City Council and
thereafter until the appointment and qualification of
their successors.
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'$ectien 4.. That;Mark,Spradl ing shall serve as
Chairman of the Green.Space fee Study Committee until
the next regular:City Election of the City Council and
thereafter until the appointment and qualification of
his-successor.
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Section 5. All resolutions and parts of
resolutions in conflict herewith are hereby repealed
to the extent of. the ;conflj ct:on 1y.
Section 6. If any,Word;,.:,phr{ise,,!::lal,l~e,
sentence, paragraph, section or other part of this
resolution on the ,application thereof to any person or
circumstance, shall ever be held to be invalid or
unconstitutionahbyany court of competent
jurisdiction, the remai.nder 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.
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Section 7. The' City Council officia,l1y f.inds,
determines and declares thata,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
requi red by ,the.j Open. Meettngs Law,TEX . REV.
CIV. SiAT.,ANN,. art~:625'2(,..17, :as amended, and that
each such meeting has been open to the public-as
required by law at all times during such discussion,
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120
Regular City Council Meeting, September 25,1989
consideration and action.' The City Council ratifies,
approves and confirms such notices and the contents
and posting thereof.
PASSED AND APPROVED this 25th day of
September , 1989.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Laura C. Higley, Mayor
ATTEST:
APPROVED AS TO FORM:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
,City Attorney
(SEAL)
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Motion was made by Councilmember Jenkins that Sections 3 and 4 be
amended by deleting aRE!.tl:tepeaftel"il:lRtH tl:te al3l3etRtlReRt aRE!
~l:la~tfteatteR ef tl:tetl"sl:leeessel"s at the end of each of those
sections. So that the sections would read, as follows:
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Section 3. That the persons hereby appointed to the Green
Space Fee Study Committee shall serve until the next regular City
Election of the City Council;
Section 4. That Mark Spradling shall serve as Chairman of
the Green Space Fee Study Committee until the next regular City
Election of the.City Counci1.
Councilmember Jenkins explained' that the ad hoc committee was
created for a special project to study, hold public hearings,
determine findings and make a recommendation to Council concerning
the green space fee. Councilmember Jenkins thought the committee
should be able to accomplish their goals within this Council's
term of office and would prefer it not be a carry-over committee.
Councilmember Watson seconded the motion to amend the resolution.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmember Bell, Jenkins,
Watson
None
Courrcilmember Redeker
Motion was then made by Councilmember Jenkins, seconded by
Councilmember Bell, that Resolution Number 89~25 be,adopted as
amended.
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121
Regular City Council Meeting" September 25,1989
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Voting No:
Absent:
May.or Higl ey" CouncilmemberSe 11, Jenki ns,
Wa tson .
None
Councilmember Redeker
Voting Aye:
ORDINANCE RELATING TO THE PARKS BOARD: Consideration was given to
the second and final reading of Ordinance Number 1353. Mayor
Higley read the caption, as follows:
"
ORDINANCE NUMBER 1353
AN ORDINANCE RELATING TO THE PARKS AND RECREATION BOARD;
ADDING A PROVISION FOR ADVISORY, MEMBERS; AMENDING THE CODE
OF ORDINANCES OF THE CITY' o'F'WEST UNIVERSITY PLACE, TEXAS;
AND CONTAINING FINDINGS AND PROVISIONS ,RELATING TO THE
SUBJECT.
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Copies of Ordinance Number 1353, in the form required for
adoptton, ,were ,availaoleto:.all, members of City Counci land a
reasonable number of additional copies available to ,interested
citizens present.
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Motion was made by Councilmember Jenkins, seconded by Council-
member Watson ~tl:iat .o.rdftiance 'Nuniber"J3:5.3 be 'adopted on second
reading as presented.
Voting Aye:
"
Mayor Higley, Councilmember
"Wats,on: '; t!, ,;
None:> ,
CounciTriiember Redeker
Bell, Jenkins,
Voting No:
Absent:
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REOUEST FOR INFORMATION POLICY: Consideration was given to a policy
statement regarding duties of the city manager and staff on
requests for information from members of City Council. Mayor
Higley presented the';policy"asfollows:
"(1) All requests should be-routed:throiJghthe City Manager, the
City Manager1s Secretary or the City Secretary. (If the
request is made.to another employee, the;employee should
forward it to one of the three designated employees.)
(2) Requests for information wtll be answered in writing and
distributed to the entire Council within a reasonable period
of time. Complaintsandtecommendations, regarding
operational problems or code violations will be forwarded by
the City Manager. to the:, app.mpri ate, department for act ion,
but not answered in writing. If informatioh regarding the
correction of a problem would aid Council in responding to
citizens, the City Manager will include the information
either orally atcouncj.l , meetings and workshops or through
written weekly; staff :r,eports .r: I f the probl em; s not
corrected within 30 days, the Councilperson should report
the problem and ask for an explanation during CO!Jncil
Comments in a council meeting .or workshop. I f there is an
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122
Regular City Council Meetings September 25,1989
area in question" the Mayor after consultation with the City
Manager shall decide the appropriate action or procedure."
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Motion was made.by Councilmember Watson, seconded by Councilmember
Bell, that the Request for Information Policy be adopted as
presented.:. , , '
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Voting Aye:
Voting No:
Absent:
Mayor Higley, ,Councilmember Ben, Jenkins,
Watson
NoneJ
Councilmember Redeker
TAX ASSESSOR-COLLECTOR CERTIFICATION: Cons.ideration was g.iven to
accepting the 'anticipated collection rate and the amount of excess
co 11 ecti.on (i f any) 'as certi fi ed, by the Tax Assessor-Collector.
The following was submitted by the City's Tax Assessor-Collector:
III, Donna L.Sims, Tax Assessor/Collector for the ,C,ity of
West.UniversityPlace; Texas, do hereby certify the
foll owing:
1. ESTIMATED COLLECTION ,RATE FOR 1989:
II. EXCESS DEBT COLLECTIONS FOR 1988:
100%
$ 14,799
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A copy of the full calculations'is available for
inspection at The City Hall Finance Office, ,3800 University
Boulevard, Houston, Texas 77005~
Submitted:
Is/Donna L. Sims
Donna L. Sims, Tax Assessor-Collectorll
Motion was made by Councilmember Bell, seconded by Councilmember
Watson~that the Tax Assessor-Collector Certification be accepted
as submitted.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmember Bell, Jenkins,
Watson
None
Councilmember Redeker
DEMOLITION OF 4131 SUNSET: 'Consideration was given to the following:
(a) Appropriation of $3,000 for the demolition of 4131 Sunset; and
(b) authorization to the City.Manager to receive all bids and
award and sign the. contract documents.
Motion was made by Councilmember Bell, seconded by Councilmember
Watson, that City Council appropriate $3,000.00 for the demolition
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Regu 1 a r City Counc 11 Meeti ng, Septelllber 25,1989
123
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of 4131 Sunset and authorize the C.ity Manager to ,receive all bids
and award and .s i gn the >contract oecumentsfor this purpose .
.YJ
Voting Aye:
Vot,i ngNo:
Absent:
Mayor Higley,. .councilmember Bell, Jenkins,
Wa tson ~
None'
Councilm.emb,er Redeker
COMMUNITY JUSTICE COUNCIL: Consideration was given to the
, nominati'onon the ^,representa;tivetot:the Community Justice
,(~ouncil.
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This year1s legislative session enacted H.B.2335 which created
Community Justice Councils in each county in Texas to provide
l"continuing po.licygu.idance (and direction for. the development of
criminal justice plans and community, corrections facilities and
programsll. One of.the members to serve on the Community Justice
Council will be a ci.tycouncil member of the most populous
municipality in the county to be served by the facility, chosen by
:the membe.rs of , the citycouncHs of ,cities to Qe served by the
facil ity. Houston",asthe,most'JaopuTouscHy:j,r; ,Harri s County,
nominated Council Member Ben Reyes.
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After discussion, motion was made by Councilmember Bell, seconded
,by Councilmember Jenkins, that while City Council was in favor of
the Community Justice Council, it did not wish to support
Houston's nomination:andtheretore would withhold making a
nomination from West University Place at this time.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmember Bell, Jenkins,
Watson
None. '
Councilmember Redeker
PURCHASE OF REFUSE TRUCK: Consideration was given to the invoice in
the amount of $91,771.00 submitted by Industrial Disposal Supply
for de 1 i very of the 1989 stde 1 oad.i ng refuse trlJck.
Motion was made by Councl lmember Bell, seconded byCounci 1 member
Watson, that the i nvoi ce :i n the:: amount, of $91,771. 00 be. approved
for payment to Industrial Di'sposal Supply.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmember Bell, 'Jenkins,
Wa tson,
None '
CouncilmemberRedeker
1988 BOND PAYMENT: Considerationwasg.iven to the invoice in the
amount of $264,743. 75subm.itted by FirsLCity Biincorporation of
Texas for interest due on .the 1988 Bond Issue.
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'Motion was,madeby',Councilmember Bell ,seconded by Councilmember
Watson ,that the invoice in the amount of $264,743. 75 submitted by
First City Bancorpora:tion of Texas be, approved for, payment.
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Regular City Council Meeting, 'September 25,1989
, Voting Aye:
Voting No:
Absent:
Mayor Hfgley~: Councilmember Bell, Jenkins,
Watson'
None
Counci 1 member Redeker.
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COLONIAL PARK RESTROOM RENOVATION: ' Consideration was given to
Change Order Number 1 in'the amount ~f $2,135.00 on the contract
for the Colonial Park renovation.
Motion was made by Coun'cilmember Bell ,seconded by,CounciJll1emher
Watson, that City Council approve Change Order No. -1 in the amount
of $2,135.00 and authorize an extension of time of one week for
contract completion.
Voting Aye:
Voting No:
Absent:
i '.
Mayor Hi'gley,.' Councilmember Bell, Jenkins,
Watson
None
Councilmember Redeker
CITY COUNCIL :P4[[TINCPHNUT[S: Consi'deration was given to the-minutes
'of the "ci ty cotincHH1meeUngs, :asfo Hows:' ,- ,
(a) City Council Workshop Session, September 7, 1989;
(b) CityCounci 1 Workshop Ses~ion, September 11, 1989; c -,
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(c) City Council Regular Session, September 11, 1989; and , :
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(d) City Counci 1 Workshop Session, September 18, 1989.
Motion was made by Councilmember Jenkins, seconded by
Councilmember Bell, that the minutes be approved as submitted.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmember Bell, Jenkins,
Watson
None
Councilmember Redeker
COUNCIL COMMENTS: Mayor Higley extended congratulations to the City
Secretary who was appointed to the Local Government Records
Committee, Texas State Library, population category IIfrom 5,000 to
49,99911.
STAFF REPORT: Mayor Higley reported that, because the City
Manager would be out of town for the meeting, he submitted a
written report to Council.
Donna Sims, Director of Administration, presented materials
received from the appraisal district that will be beneficial to
individual citizens who wish to protest their taxes or want other
tax related information. Ms. Sims reported she contacted the
Harris County Appraisal District in response to John Mixon's
recommendation. The district was very accommodating and helpful.
The information received was as follows:
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Regular City Council Meeting, September 25,1989
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(a) Map of improved sales deUneatedbyneighborhood as used by
the appra isa ldi st,ftct;,
(b)
(c)
Map of unimprovedsales';delineated by neighborhood;
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An ap'praisal manual with information specifically related to
West University Place; and
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.(d) An appraisal district roll printout in: the order the
district keeps, thai r ,accounts.
The fo llowingitemswill be, postedi n ,the lobby.of City Hall so
theft the residents whoiwi shtout i lizethem :may ask .ques ti ons of
the city hall staff. Ms. Sims reported.sbe:requested another
report which might be helpful to the residents and th~t was a tax
ro 11 by street address. The di strict agreed to provi de that
information also.
o
All this information,will ,be updated annually.
ADJOU~NMENT: With no further business to.comebefore City Council
at this time, motion was made by Councilmember Bell, seconded by
,:Councilmember Watson, that the regular session adjourn to
~econvene in workshop session. Such motion carried and the
regular session was adjourned at .7:48 p.m. '
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Mayor '
Audrey Nichols
City Secretary
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CITY COUNCIL WORKSHOP SESSION
THURSDAY, OCTOBER 5, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY, BLVD.
6:30 P.M.
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City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, ,in the City oJ West University PlaGe, on
Thursday, October 5, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins and Watson.
Councilmember'Redeker was absent. Also present ,were the City;Manager,
City Secretary, Director of ,Administration, the Chief of Police and the
Director of Operations.
HEARING OF RESIDENTS:
Dave Agerton, 3020 Pittsburg, addressed City Council in his
capacity as secretary of the Parks Board. Mr. Agerton.presented
recommendations from the Parks Board which were adopted at their
meeting on October 4, 1989. Copies were distributed to Council.
The Parks Board recommended City Council consider budgeting
$100,000.00 for capital :improvement funds for parks. It was the
board's recommendation :that,the .green space fee and the funds
accumulated through the Friends of West University Parks Fund
should not replace the budgeted funds of the City. Mr. Agerton
requested to be placed on the agenda for a workshop session on
October 19th to discuss the parks budget and goals.
Mayor Higley thanked Mr. Agerton for the report.
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AGENDA REVIEW:
Copies of the agenda for Monday'sregular session were distributed
and accepted by City Council.
The City Manager reported that the Communications Committee
Chairman requested to appear before Council on Monday evening to
report on the "City Currents" and a proposed new format.
Mayor Higley suggested Council schedule a workshop for Monday,
October 9th at 7:00 p.m.
CONTINUED REVIEW OF THE PROPOSED BUDGET FOR 1990
A general review of portions of the budget was presented by
Richard Rockenbaugh, Donna Sims and the Chief of Police. No
action was required of City Council at this time.
ADJOURNMENT
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With no further business to come before City Council at this time,
Mayor Higley declared the workshop session adjourned at 10:30 p.m.
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Mayor
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Au rey 1 c I s ~ CJ
City Secretary
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CITY COUNCIL WORKSHOP SESSION
MONDAY, OCTOBER 9, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
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City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, October 9, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins and Watson.
Councilmember Redeker was absent. Also present were the City Manager,
City Secretary, City Attorney, the Director of Operations and the Chief
of Police.
HEARING OF RESIDENTS:
There were none present who wished to speak.
DISCUSS AND CONSIDER "CITY CURRENTSII:
Susan Freeman, Chairman of the Communications Committee, presented
for Council's consideration a proposed new format for the IICity
Currentsll. Ms. Freeman suggested the cost of the paper may be
more and the postage may increase due to a larger publication.
She proposed to change the publication date to the first billing
date of a new month (which now would be on the 10th day) so that
the news would be available to the residents while it is fresh.
Ms. Freeman discussed enlarging the calendar to a full 8 1/2 x 11
page and the possibility of obtaining sponsorship for the calendar
by different vendors doing business with the city. Printing the
IICity Currents II was to be done in-house.
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City Council agreed to the changed format as presented and advised
Ms. Freeman to work with the City Manager on the paper weight and
postage. If the cost should go up excessively, to come back to
Council for approval before making a commitment on the paper.
RECESS WORKSHOP SESSION:
At 7:26 p.m., Mayor Higley suggested the workshop recess to
convene in regular session. Motion was made by Councilmember
Jenkins, seconded by Councilmember Watson, that the workshop be
recessed.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins, Watson
None
Councilmember Redeker
RECONVENE WORKSHOP SESSION:
Immediately following the regular session, Mayor Higley reconvened
the workshop session, at 8:00 p.m., with the following present:
Mayor Higley, presiding, Councilmembers Bell, Jenkins and Watson.
J
City Council Workshop Se~sion, October 9, 1989
129
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Councilmember Redeker was absent. City ,staff members present were
the City Manager, City Secretary, City Attorney, the Director of
Operations and the Chief of Police.
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DISCUSS AND ,CONSIDER COUNTER-PROPOSAL PERTAINING TO THE USE OF THE
BAPTIST,CHURCH PARKING LOTS: "
The counter-proposal relative to ,the Baptist Church parking lot
use was discussed. It was the general consensus of Council that
_the counter~proposal.was falrta all'parties and that it should be
presented to the BaptistChurchfor,thei.r consideration. It was
further agreed that the church should, at some future date, appear
before the Zoning Board ,of Adjustment to 'request a. vari~nce
concerning their signs at the varioui parking lots and adult
Su'nday School Class building. .
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DISCUSS AND CONSIDER THE HANDBILL ORDINANCE:
The City Attorney submitted ,drafts ',of an ordinance ~mending
Section 3-18 of the code of 'ordinance by adding subsection (c), as
follows:
fl
(c) This article does not prohibit the distribution
of permits, warnings,,, notices and ,similar items by
governmental ,entities or public utilities in ,
, connect i,on with government functi ons or uti,l i ty
services affecting the premises where the items ,are
distributed, if the items are ,either posted on .the "
affected premises or otherwise attached or affixed.
The amendment would allow ,the city to distribute door-hangers or
handbills. This is an, exception to the handbill ord:inance. There
is an exception for newspapers and the amendment made a provision
for the city and utilities to post notices. The notices must be
posted, or, otherwise attached. so that lHter is not created. It
was the City Attorney,' s, endeavor to write the amendl)1ent as narrow
as-possible to protec~ the,citizens'i
Councilmember Watson expressed his concern that having to attach
the notices might be too much of a limitation in the future.
Councilmember Jenkins agreed.
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.The Chief of Police questioned whether door-hangers would attract
attention to the houses that are vacant at the time of
distribution.
After di scuss i on, it was the consensus of Ci ty Coul:lC~i:l to instruct
the City Attorney to proceed with a final version of the ordinance
for adoption.
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DISCUSS THE SOLICITATION ORDINANCE:
It was the recommendation of the City Attorney that the peddling
ordinance be updated and amended. Mr. Dougherty suggested Council
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City Council Workshop Session, October 9" 1989
consider appointing a committee of councilmembers and staff to
work on a new ordinance for solicitation door-to-door. ,
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Mayor Higley suggested that Councilmember Watson agreed to serve
on the committee and rev,iew()rdinances from other cities from
which he would be able to make a rec'ommendation to CounC1,l. If
the members of Council agreed, she recommended Councilmember
Watson for that position. Members of Council concurred.,T
DISCUSS ORDINANCE PROHIBITING THE TAKING OF RECYCLING MATERIALS BY ANY
ONE OTHER THAN AUTHORIZED CITY EMPLOYEES:
The City Attorney explained that there are people going through
the city and taking recycling materials left curbside for the
city's recycl ing program. There is a procedure for issuing a
permit to pick up trash in the city and the proposed amendment
would include recycling materials in the ordinance. Currently the
police department may not control the taking of recycling
materials by unauthorized persons. The amendment would enable the
police to control the activity. Mr. Dougherty suggested amending
the definition of "trashll appearing in Section 11-1 of the code of
ordinances to read as follows:
Trash shall mean solid waste consisting of newspapers, mixed
paper, glass, cartons, yard cleanings and any other material
commonly understood to be trash. The term trash shall also
include paper, glass,:metals"and all other types otltems subject
to the City's recycling program~
After discussion, it was the consensus of City Council to ask the
City Attorney to proceed with the amendment in final form to be
included on the agenda for the October 23, 1989, regular session.
ADJOURNMENT: With no further business to come before City Council
at this time, motion was made by Councilmember Watson, seconded by
Councilmember Jenkins, that the workshop session adjourn. Such
motion carried and the workshop was adjourned at 9:07 p.m.
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REGULAR CITY COUNCIL MEETING
OCTOBER 9, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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City Council convened in regular session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, October 9, 1989,wtththe following members present: Mayor
Higley, presiding;Councilmembers J~ell,. Jenkins and Watson.
Councilmember Redeker was absent. Also present were the City Manager,
City Secretary, City Attorney, Director of Administration, Director of
Operations "and the Chi ef of. Po lice. Counci lmember Watson del i vered
the i nvocationand 1 ed the All egi ance to the Fl ag.
HEARING OF:RESlDENTS: Mayor Higley invited residents to speak who
had matters they wished to bring to the attention of the City
Council whi ch had not previ ously been submitted to the City
Manager.
Mi chae 1 L. Parks ,Chao i rman of the Francophi 1 eCommi ttee ,reported
that the committee wanted to hold .anopen..;,to-the-communitymeeting
in the Senior Services Wtng for a dess.ert and coffee reception on
October 24, 1989, 8:00 p.m., to welcome the visitors from France.
Iti s an open invitatf.onto,the City.
It was the genera 1 consensllsofCity.Counci 1 to grant permission
to the Francophile Gommittee';to lIse the Senior Servi <::es Wing for
the reception. However , MayoL,HigTeyadvised that the, questi on
would be placed on the agenda;for,ithe next meeting for official
action.
Mr. Parks reported his committ~e members worke,douta plan to use
the seniors van totransportthe'.French, visitors on ,short trips in
such a way that ,would not1conflict;with'the use of the van by the
senior citizens~_.
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Janet Markely, 3902 Amherst, aSkedhowlong,it would take to
get the JMH property demolished.
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The City Manager, responded thai it wou,ld t.ake approximately two
weeks to get the contract documents executed, but the building
should be demolished in about a month.
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CITIZENS RESPo.NSE TO. AGENDA, ITEMS: Mayor Higl ey,inv; ted res i dents
who wished to address a specific agenda item to, speak at this time.
There, were none presentiwho" wi,shed to c5peak' concerning an agenda
item.
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ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Counci 1 suggested removi ng an i tern from the consent agenda.
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Regular City Council Meeting, October 9, 1989
CONSENT AGENDA: Motion was made~ by Councilmember Bell, seconded
by Gouncilmember Watson, that the consent agenda be approved in
accordance with staff recommendation.
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Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Watson
None
Councilmember Redeker
PROCLAMATION FOR FRIENDLY FRENCH FESTIVAL WEEK: Mayor Higley read a
proclamation designating the week of October 23 - October 30,
1989, as Friendly French Festival Week in anticipation of guests
from the Sister City, Saintes, France.
Motion was made by CounCilmember Bell, seconded by Councilmember
Watson, that ,the Proclamation be accepted as presented.
Voting Aye:
Voting 'No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Watson .-
None
Councilmember Redeker
RESOLUTION ACKNOWLEDGING RECEIPT OF APPRAISAL ROLL. ASSESSOR-COLLECTOR
CERTIFICATE AND RELATED INFORMATION: Mayor Higley presented
Resolution Number 89~26 as follows:
RESOLUTION NUMBER 89-26
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RESOLUTION ACKNOWLEDGING RECEIPT OF APPRAISAL ROLL,
ASSESSOR-COLLECTOR1S CERTIFICATE AND RELATED INFORMATION;
DESIGNATING A PERSON TO CALCULATE CERTAIN TAX RATES, MAKE
CERTAIN PUBLICATIONS AND PERFORM OTHER RELATED TASKS; AND
CONTAINING RELATED PROVISIONS.
WHEREAS, on October 9, 1989, the governing body of the
City of WestUniversity"Place (the IITaxing Unitll) received
the attached certificate, appraisal roll and related
information from its assessor and collector of taxes, which
certificates and appraisal roll are incorporated into this
resolution and made a part hereof for all purposes; and
WHEREAS, the governing body desires to proceed with
the steps necessary to levy ad valorem taxes.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COU~CIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The matters described in the preamble of
this resolution are found and determined to be true and
correct and are adopted, ratified and confirmed.
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Regu 1 ar City Counc il Meeting, October 9, 1989
133
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Section 2. The City ,Council of the Ci.ty of West
University Plac~hereby,desfgnatesthefollo\rJing ,person{s}
to take the action described below:
DonnaL. Sims
Tax Assessor~Collector
Mi 1 dred Mi Her
Deputy Tax Assessor-Collector, with full
authority to act in the absence of the Tax
Assessor-C,ollector or,in the case the Tax,
Assessor-Collector fails to take such action
within a reasonable time
Section 3. The City Council of the City of West
University Place hereby authorizes and directs the
above-named persons{s}to take the following actions:
(a) Calculate the effective tax rate and the rollback
tax rate under the Texas Property Tax Code.
(b) Submit such rates to the City Council.
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(c) Publish such rates, as well as the additional
information required by the Texas Property Tax
Code, in the form and manner required by such
Code, atth~ earliest practicable time.
(d) Make arrangements for the subject of taxes to be
included on the agenda for the next practicable
meeting of the;City.Council following the
publication of suc~ information.
(e) Report on such publication to the governing body.
(f) Take'all other action necessary or incidental to
any of the foregoing steps or to the timely levy
and collection of taxes by the Taxing Unit.
Secti.on4. Allactions by the assessor and collector
of taxes prior to this date with respect to such
calculations and publications are approved, ratified and
,confirmed in all respects~ ;'
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Section 5. If any word, phrase, clause, sentence,
p'aragraph, 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 jurisdj,€.tion, the remainder of this resolution
and the application of such word, phrase, clause, sentence,
p'aragraph,section ,or' other! part . of; thisre.so lut,ton to any
other, ipersons..or c ircumstance's shall ; not, be a ff;e,cted
thereby.
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Regular City Council Meeting, October, 9., 1989
Secti on 6. A 11. reso 1 uti ons . and, parts of reso 1 u~ti ons
in confl i ct herewi th are hereby repea 1 ed to the exte.nt of
the conflict only.
Section 7. The City Council officially finds,
determines and declares that,a sufffcient written notice of
the date, hour, place and subject of each meeting at which
this resolution was discussed, considered o~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 l.aw at all times during ,such discussion,
consideration and action. . The Gity,Councilratifies,
approves and confirms such notices and the contents and
posting thereof.
Section 8. This resolution shall take effect
immediately upon its adoption and signature.
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PASSED AND APPROVED this
, 1989.
day of
Voting Aye:
Voting No:
Absent:
Signed:
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ATTEST:
Audrey Nichols
City Secretary
Approved as to Form:
(SEAL)
James L~ Dougherty, Jr.
City Attorney
Motion was made by Councilmember Ben, seconded by;Councilmember
Jenkins, that Resolution Number 89-26 be adopted as presented.
Voting Aye:
Mayor Higley;Councilmembers B.ell, Jenkins,
Watson
None
Councilmember Redeker
Voting No:
Absent:
RESOLUTION NOMINATING A CANDIDATE FOR,A POSITION. ON THE BOARD OF
DIRECTORS OF THE HARRIS COUNTY,APPRAISAL .DISTRICT: Mayor, Higley
presented Resolution Number 89-27, as follows:
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Regular City Council Meeting, October 9, 1989
135
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RESOLUTION NUMBER 89-,27
A RESOLUTIONOF.THECITYCOUNCIL OF THECITYOFW,EST
UNIVERSITY PLACE, TEXAS, NOMINATING A CANDIDATE FOR A
POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY
APPRAISAL DISTRICT
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WHEREAS, those .cit.ies and, towns,: other than the City
of Houston, within the Harris County Appraisal District
have the right and responsibility to elect one person to
the Board of Directors of the Harri sCountyAppra i sa.l
District for a term of office"commencingon,January 1,
1990, and extending thrQughDe,celllber 31, 1991; and
WHEREAS, this governing body desires to exercise its
right to nominate a candidate for such position on said
Board of Directors.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
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Section 1. That the facts and recitations set forth
in the preamble of this Resolution be, and they are hereby,
adopted, ratified and confirmed.
Section 2. That Lee Tipton , Mayor, City
of Tomball, 401 W. Market St., Tomball, Texas //3/0,
be, and he is hereby, nomlnated as a candldate tor that
position on the Board of Directors of the Harris County
Appraisal District to be filled by those cities and towns,
other than the City of Houston, within the Harris County
Appraisal District for a two-year term of office commencing
on January 1, 1990.
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Section 3; ,That the presiding office of the governing
body of this taxing unit be, and she is hereby, authorized
and directed todeli~er o~ cause to.. be delivered;~
certified copy of thiS Resolution to theChief.A.ppraiserof
the Harris County Appraisal District on or before October
16, 1989.
Section 4. All resolutions and parts of resolutions
in conflict herewith: areherebyrep~aled to the extent of
the conflict only.
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Section 5. I fany word, phrase,cl ause" sentence,
paragraph, section or other part of thjs 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
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136
Regular City Council Meeting, October 9, 1989
and the application of'~uch 'word, phrase, clause, sentence,
paragraph, section or other part of this resolution to any
other persons or,circu~stances, shall not be affected
thereby.
Section 6. 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 ratHies,
approves and confirms such notices and the contents and
posting thereof.
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PASSED AND APPROVED this 21b day of
October , 1989.
Voting Aye:
Voting No:
Absent:
Signed:
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Laura C. Higley, Mayor
ATTEST:
Audrey Nichols
City Secretary
(SEAL) ,
Approved as to Form:
James L. Dougherty, Jr.
. City' Attorney
Motion was made by Councilmember Bell, seconded by Councilmember
Watson, that Resolution Number 89-27 be adopted as presented.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Watson
None
Councilmember Redeker
CERTIFICATION OF APPRAISAL ROLL: Consideration was given to
accepting the certification of the appraisal roll by the Tax
Assessor-Collector. '
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Regular City Council Meeting, October 9, 1989
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Motion was made by Councilmember Bell, seconded by Councilmember
Watson, that City Council accept the certification.of .the
appraisal roll as submitted by the Tax Assessor-Collf:?ctor.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Watson
None
Councilmember Redeker
CALCULATION OF THE EFFECTIVE TAX RATE: Consideration was given to
acceptlng the calculatlons of the effective and rollback rates as
submitted and certified to by the Tax Assessor-Collector.
Motion ,was, made by CouncilmemberBell, seconded byCouncilmember
Watson, that City Council accept the 1989 property tax effective
and rollback rates:
1989 Rollback Tax ,.Rate
$0.4235/$100
$0.4001/$100
1989 Effective Tax Rate
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Voting Aye:
Voting No:
Absent:
Mayor Higley, ,'Councilmembers Bell, Jenkins,
Watson"
None
Counc ilmemberRedeker
REMODELING OF POLICE DISRATCH OFFICE: .,Qonsiderationwas given to
the final invoice in the amount of $9,000.00 submitted by A.I.A.
Engi neering and Contractors , Inc r" dor completi on:, o't' the
remodeling of the police dispatch office.
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Motion was made by Councilmember Bell, seconded by Councilmember
Watson, that the invo.ice in the. amount of .$9,'000.00 submitted by
A.I.A. Engineering and' Contractors" Inc.,'be approved for payment.
Voting Aye:. ,Mayor'~H-igley,;Councnmembers Bell, Jenkins,
Watson'i' ,
Voti ng No : ,None :~.) . ,I , "" ')
Absent: Councilmember Redeker
DEMOLITION OF THE JMH PROPERTY: Consideration was given to staffl s
recommendation for award of contract for the demolition of the
JMH Property.
Bids received' September 20c, 1989, were opened with.,'the following
results:
Bidder
Bid Price
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Southwestern Envi ronmenta'l'
1100 FM 1960 West "F"
Houston, Texas 77090
$ 23,700.00
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Regular City Council Meeting, October 9,,1989
01 shan Demo 1 i shi ng Co.'
P.O. Box 1274
Houston, Texas 77251
John Craig & Company
5757 Westheimer, Suite 3
Houston, Texas 77057
Cherry House Moving
9236 Edgebrook
Houston, Texas 77075
$ 27,500.00
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$ 32,400.00
$ 37,522.00
Staff's recommendation was to award the contract to the low
bidder, Southwestern 'Environmental, at the bid price of $23,700.00.
Motion was made by Councilmember Bell, seconded byCouncilmember
Watson, that City Council accept staff's recommendation and award
the contract to Southwestern Environmental at the price specified.
Voting Aye:
,Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Wa tson
None
Councilmember Redeker
ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration
was given to the invoices totaling $30,707.85 submitted by
Langford Engi neeri ng Inc., ,:as,foll ows:
(a) Invoice No. 5945'in the amount of $6,467.67 for Phase 3,
Priority Area No. 2, Sanitary Sewer in West University
1st Subdivision; and
(b) Invoice No. :5946 in the amount of $24,240.18 for
Priority Area 3, Sanitary Sewer Renovation.
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Motion was made by Councilmember Bell, seconded by Councilmember
Watson, that the invoices submitted by Langford Engineering,
Inc., be approved for payment as listed.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Watson
None
Councilmember Redeker
LEGAL SERVICES: Consideration was given to the invoice in the
amount of $4,116.90 for regular legal services rendered on the
City's behalf for the month of September, 1989 and other items not
previously billed.
Motion was made by Councilmember Bell., sec.onded by Councilmember
Watson, that the invoice in the amount of $4,116.90 for legal
services be approved for payment.
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139
Regular City Council Meeting, October 9, 1989
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Voting ,A:;e:
Voting No:
Absent:
Mayor Hi gl ey ,Counci lmembersBell~ Jenkins,
Watson ,.
None
Councilmember Redeker
SANITARY SEWER RENOVATION , PHASE 3; PRIORITY AREAl: Gonsi d.erati on
was given to Monthly Estimate No. 8 i ntheamount of $94,226.99
submitted by Whitelak, Inc., for work performed through
September 25, 1989, on the Sanitary Sewer Renovation, Phase 3,
Priority Area 1.
Motion was made by Counctlmember Bell, seconded by,Councilmember
Watson, that City CounciJ a,pprove ;foJr:payment Monthly Estimate No.
8 in the amount of $94,:226.99isubmitted byWhitelak,Inc.
Voting Aye:
Voting No:
Absent:
Mayor Higl ey, Counci'l members Bell,.. Jenki ns ,
Watson '
None
Council member ,.Redeker
CITY COUNCIL MEETING MINUTES: Consideration was given 'to the City
Council minutes for the follo~ing meetings:
(a) City Council Workshop'Session, September 21, 1989;
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(b)
(c)
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City Council WorkshoplSession, .September 25, 1989; and
City Council Regular Session, September 25, 1989;
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Motion was made by Council member Jeokins, seconded'~by
Councilmember Bell, that the;minutes be approved as submitted.
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Voting Aye: ,Mayor,Hig.ley, Councilmembers Bell ,.;Jenkins,
, Wa,tson,.~ '
Voting No: None
Absent: Councilmember Redeker
COUNCIL, COMMENTS: Councilmember, Bel.L requested that when the
contractor is demolishing the JMH property, that staff block off
College Stree.t. and 'do'a tra ffd C,' count: to thelpiC:i tyCounc:i 1 know
how the closing of Ctrlilege m.ightaffec:t the,' traff.ic on a, permanent
basis. At one point City Council discussed in'ak-ing a cul-de-sac on
Co 11 ege at M1cl ton to' al;l ow: for: more~cgreen space,. when; the JMH
site is cleared.
City Manager, Richard Rockenbaugh, agreed staff would be able to
follow through on the request.
Mayor. Higley congratulated' the Police Department .on the, letters of
commendation received. Mayor Higley repo.rted she received
telephone calls praising the police department personnel. One was
from a ten-year old bOy who was very impressed with the help he
received at one of the, cityparks.; -, ):,
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140
Regular City Council Meeti.ng, October 9,,1989
Mayor Higley congratulated Alice Elsby, Colonial Park Manager; for
working on the "early bird" swimmers' request and the
recommendations -for the restroom renovation at the pool.
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Mayor Higley asked the status of the barking dog complaint that
was received. The City Manager informed Council that the Chief of
Police was continuing to ,inonitorthe situation and would enforce
the appropriate ordinance.
Mayor Higley reported she received a request from P~J. Lionetti
that Council consider joining Houston and Harris County and enact
a resolution urging Metro to restudy the rail system plans. New
information is nowav.ailable which may affect the previously
projected costs and ridership' figures. Mayor Higley recommended
that if Council concurred, the resolut1Qnbe placed on the next
regul~r meeting agenda~ ,It was the conse~sus of Council to
consider the resolution at the next meeting.
Mayor Higley advised that a IIMayor for a dayll would be auctioned
off at the West University Elementary School Carnival in City
Council's name.
. ,
STAFF REPORT: City Manager, Richard Rockenbaugh, reported that
Charles,B~ll reported_to work as a Fire Inspector. Mr. Bell has
over 20 years experience with the City of Houston Fire Department
and will be an asset'to the City. Mr. Bell will also assist in
the Inspections Division.
The tax information received from the Harris County Appraisal
District is now posted 1ln the City, Hall along with a tax manual
and the -tax roll for the r~sidents to view.
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Copies of the preliminary engineering report on the Rice Blvd.,
resurfacing project is completeand.will be scheduled for a
workshop session.
According to a report from Houston, signalization of the Academy/
Bissonnet intersection is scheduled,to begin this week.
Accomplishment of thesa1e' of the City of Houston property on
Westpark is waiting on Houston Lighting & Power Company to
notify the City of thei r intent on thei r ri ght of way. All other
utility companies have submitted letters relinquishing their
interests. However, HL&P has utilities in the right of way and
it will probably take longer for the power company to respond.
The Village Association representative has requested that the
Friendly French Festival Week proclamation be presented by a city
official on Saturday night at the banquet at the University
Houston, 7:30 p.m.
Mayor Higley agreed to go to the dinner and present the
proclamation on behalf of the City.
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Regular City Council Meeting, October 9, 1989
[
ADJOURNMENT: Wi th: no further bUs i ne,ss,to come before Council at
this time, motion was made bYCotincilmemberWatson;seconded by
Councilmember Jenkins, that the regular session adjourn to
reconvene in workshopsessiort. Such motion carried and the
regular session was adjourned Bt 7:52 p.m.
a/~{Je1Jl'
Audrey Nic Is
City Secretary
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CITY COUNC:ILWORKSHOP SESSION
, OCTOBER. 19, 1989
'.MUNICIPAL BUILDING,
3800 UNIVERSITY BLVD.
, ,7 : 00 ' P ..M.
'--..,1
City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, October 19, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins and Redeker.
Councilmember Watson was ,absent. Also present were the City Manager,
City Secretary, City Attorney, the Director of Administration, the
Director of Operations and the Chief of Police.
HEARING OF RESIDENTS:
Richard Dale, 4137 Marlowe, submitted a petition from the
residents of the 4100 block of Marlowe. The street dead ends
into Bissonnet. The petition was stated, as follows:
IIWe the undersigned residents of the 4100 block
of Marlowe hereby request the city of West
University Place that a brick wall of
approximately 69' x 8' should be constructed at
the dead end corner of the street (north of the
photina plants and south of Bissonnet Street).
This will ensure a safer environment for our
children to play or ride tricycles in front of
our house and particularly around the dead end
corner. II
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The petition was signed by 15 residents.
Mr. Dale also mentioned a vacant house at 4126 Marlowe that may
need to be classified as dilapidated under the dangerous housing
ordinance.
Mayor Higley thanked Mr. Dale for bringing to Council IS attention
their requests. However, it would take some study and the Mayor
referred the questions to staff.
Linda Brannen, 4131 Southwestern, Co-Chairman of the Recycling
Committee, submitted minutes from the last two recycling committee
meetings. Ms. Brannen had several requests, as follows:
(a) the City Currents be published on recycled paper;
(b) recycling containers for aluminum cans be placed at Colonial
Park and the Community Building;
(c) a memo from City Council reminding city employees to recycle
in city offices;
(d) approval of funds for door hanger;
(e) Solid Waste Division be advised that recycling will increase;
(f) Mayor and Council help with distribution of door hangers; and
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143
City Council Workshop Session,. October 19, 1989
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(g) request the Solid Waste Division give the committee
responsible for CityCu.rrents information r.elated to the amount
of recycling materials processed or the percentage of increase in
participation.
City Council asked the Recycling Committee to hold a town hall
meeting on recycling by the end of the year. Ms. Brannen
suggested a better time might be' after the first of the year.
City Council agreed,w,ith-'lihel Januafi'Y 1990 date. Linda Brannen
reported the committee1s plan was to distribute the door hangers
starting October 30th.
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DISCUSS AMENDMENTS TO CHAPTER 6 OF THE CODE OF ORDINANCES (SLABS,
FOUNDATIONS AND OTHER BUILDING REGULATIONS):
.Oity Attorney" James. L. ,Dougherty ~ iJr., presented an draft
amendment toChapterJ6 Qfithe,Code of Ordinances to require
fC)'Qtings under foundations"and to regulate "post tension". slabs
more closely. : After having discussed post tension slabs with the
Chief Building Inspector, he recommended the following language:
Section . Subparagr,aph(ii) (relating to
footings and foundations) of.Section ,6-52 of the Code of,
'Ordinances .of the City of',West.University. Place is hereby
amended to read in its,entirety as follows:
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City Council Workshop Session, October 19, 1989
Building Official may require that such
cert i fi cte, be made and de 1 i vered to the ~Bu il d i n~
Official at any_time after the tensloning work lS
done, but it shall be delivered, in any event, as
a condition of receiving a certificate of
occupancy.
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After discussion, City Council agreed to place the 'amendment on
the agenda for the ,regular. meet-ing, scheduled for Monday, _ October
23, 1989.
DISCUSS AND CONSIDER PRELIMINARY ENGINEERING REPORT FOR THE RICE
BOULEVARD PROJECT:'
City's Consulting Engineer, Dieter Ufer, reviewed the
engineering and feasibility-report .s.ubstituting Rice Blvd. in the
Metropo 1 i tan Trans i t Authori ty Improvements' Joi nt Project
Agreement to resurfa'ce University Blvd from Ki rby to -Community.
Mr. Ufer pointed out that..therewere not many similarities in
the two streets. Mr. Ufer described the existing conditions of
different sections of Rice Blvd., but noted that there was no soil
investigation done to determine the type and condition of base
under the different sections. An assumption was made that the
base under the street was adequate both in depth and condition of
material. The section from Kirby to Belmont was in good
condition and needed no improvement. The other sections were
addressed as to their ~eeds,.some of which would need curb and
gutter replacements. This was not the case on University. Cost
estimates were discussed for the various sections on Rice. Mr.
Ufer advised that any improvements made to Rice would be damaged
if the resurfacing was not_coordinated with the on-going sewer
renovation program.
After discussion, it,was th~tonsensus of Council that staff
contact Metro to see if they would, agree to resurface Rice in
phases from Buffalo to.Community coordinated with the sewer
replacement program. If this plan was not acceptable to Metro, to
propose that Rice be, resurfaced. from Buffalo to Community with the
understanding that the City would pay for resurfacing between
Wakeforest to Buffalo when that became necessary.
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For information, Councilmember,Jenkins,asked the cost to remove
and replace curbs and gutters. Dieter Ufer responded that a
general estimate to remove aDd replace curbs was $10.00 a foot; to
remove and replace curbs and gutters, was,$13.00 a foot.
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DISCUSS AND CONSIDER ADDITIONAL INFORMATION FOR CONTRACTORS' LETTER
(HOUSE PLOT PLAN):
,
City Manager" Richard Rockenbaugh" presented a house plot plan
reduced to 8 1/2 by 11 inches to see if the concept met with what
Council wanted, to include in the contractor1s letters to residents
adjacent to house cons,tr.uction, sites. Mr. Rockenbaugh
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City Council Workshop Session, October 19, 1989
145;
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recommended the contractors'''r~duced site plan as the simplest way
.to show how the new'house' willfi,tcon the lot.
City Council gerierally agreed with the, house plot plan.
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DISCUSSION' OF PENDING ITEMS FOR THE PROPOSED 1990 BUDGET:
There were two i terns to :be considered. ' One was telephones in the
police cars. lhe Sentinel'Cl-l!bwo,uld: buy- the equipment if the
city would pay for the air time. Air time was estimated at $3,500
to '$4,000 ~,year. It was _decid,ed .to ,l~ave,th,is item in the
budget.
The other pend,fng item.was, the purchase of a dump truck. The City
Manager advised that .staff removed the dump truck from the
proposed budget.
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Council-member Jenkins suggested that if there was an increase in
the, over time pay by :$6,.000.00, that there be more r,evenue
budgeted at the same time.' After discussion, City Council agreed
to increase projected revenues for fines to $96,000.00.
Richard Rockenbaugh responded to the question relative the
Southwestern Bell: Te}ephone.,Company.:franchise payment., The new
agreement specifies payments,twicea year: .onein October and the
other in April. The April payment is alltrue-upll figure.
The City Manager explained that he received requests for a copy of
tlile, detailed budget.' However, he w~s,reluctant to release the
information,until Council was ready to accept it, but the budget
analysis was readily available for residents. Mayor-Higley
suggested that Council had made their decisions concerning the
budget at this workshop and recommended the detailed budget
document could be made available fo~ review upon request~ If a
copy was requested, staff should charge them according: to the fee
schedule for copies.
AGENDA REVIEW:
Copies of the draft agenda for Monday, October 23, 1989, regular
session were: distributed: for' .review. The: agenda was accepted as '
presented.
COUNCIL COMMENTS:
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Counci 1 member Jenkins! ques~t;oned the ,recycl ing, equipment and
suggested staff invest'igate the'possibi,lity of other equipment
more su,itable to' the. collection of recycl ing ma:terial.
Councilmember Jenkins asked about the chain link fence at Weir
Park. Director of Operations, Curtis Cooper, advised that the
fence was being replaced.
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City Counci 1 Workshop' Sess i on, October 19; ,1989
Mayor Hi gl ey recommended, staff :ge,t the cost of pub 1 ishing. "Ci ty
Currents II on recycled pa'per .'a'nd, to report back to Counc i 1.
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Mayor 'Higley asked a Tetter be prepared for her signatu're advising
staff that City Counci 1 supported and encouraged recycl ing in city
offices; ,
Councilmember Redeker suggested staff investigate the need for a
streetlight at the corner of 'West Point at Bissonnet.
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Councilmember Redeker asked:about.the Long Range P1Bnning
Committee minutes and the reference made to storm sewers. The
City Manager advised that he and the Director of Operations were
invited to the next Long Rang'e Pla,nning Committee meeting and he
would be able to get cla,rification of their intent and report back
to Council.
Councilmember Bell inquired as to the city's letter to
Southwestern Bell concerning the parking lot lights and the city's
request for the company to plant .trees along the periphery. The
City Manager advised:thatthe company representative was working
on the lights, but no response was made relative to planting trees.
Councilmember Bell asked the:status of the counter offer to the
Baptist Church. The City Manager explained that the counter offer
was sent'to the church, but' the person to which it was addressed
was out of town.
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Mayor Higley recommended that the petition received tonight from
the residents on Marlowe be referred to the City Attorney for
his review and comments.
Mayor Hlgley suggested Council recommend. to the Zoning and
Planning Commission that they consider an amendment to the zoning
ordinance to make an exception for basketball goals. Basketball
goals have been diminished at the city parks and it appeared that
to prohibit them in the front building lines was causing a feeling
of hardship for a goodly number of the residents. City Council
agreed with the Mayor's suggestion.
Mayor Higley requested the houses' at 2702 Bellaire and 4126
Marlowe be investigated for possible violations.
STAFF REPORT:
City Manager Richard Rodenbaugh reported that the school drop-off
zone, proposal from staff,was. rejected by, the elementary school.
Mayor Higley agreed to call the president of the PTA and request
the matter be presented at their next meeting.
With no further business to come before City Council at this time,
motion was made by Councilmember Redeker, seconded by
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ADJOURNMENT:
City Council Workshop Session, October 19, 1989
c
Council member. Bell, that the meeting adjourn. Such motion carried
and the:meeting was adjourne,d at 9:48 p.m.
a#~~
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Audrey.Ni ls
City Secre ary
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REGULAR CITY COUNCIL MEETING
MONDAY, OCTOBER 23, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
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City Council convened in regular session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, October 23, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson.
Also present were the City Manager, City Secretary, City Attorney,
Director of Administration, Director of Operations, and the Chief of
Police. Councilmember Redeker delivered the invocation and led the
Allegiance to the Flag.
INTRODUCTION OF NEW PERSONNEL: Director of Operations, Curtis R.
Cooper, introduced Cecil Lee Boles, Assistant Building
Inspector.
HEARING OF RESIDENTS: Mayor 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.
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There were none present who wished to speak.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor 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: No member of City
Council suggested removing an item from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Bell, seconded
by Councilmember Redeker, that the consent agenda be approved in
accordance with staff recommendation.
Voting Aye:
Mayor Higley ,Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
Voting No:
Absent:
RESOLUTION CALLING PUBLIC HEARING FOR 1990 BUDGET: Consideration
was given to the following:
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Regular City Council Meeting, October 23, 1989
153
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RESOLUTION NUMBER 89-28
RESOLUTION DETERMINING THE NOTICE AND HEARING LIMIT FOR AD
VALOREM TAXATION FOR TAx YEAR 1989; PROPOSING A TAX RATE;
CALLING A PUBLIC HEARING AND PROVIDING FOR NOTICE OF SAME;
AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, the City Council of the City of West
University Place, Texas, (the "Taxing Unitll) has received
information from its assessor and collector of taxes,
including the calculated effective rate and the rollback
rate; and
WHEREAS, such rates as well as the related information
,required to be published by the Texas Tax Code have been
timely and duly published;' and
WHEREAS, the City Council finds and determines that
the notice and hearing limit is $0.4001 per $100; and
WHEREAS, the City Council desires to proceed with the
steps necessary to levy ad valorem taxes.
o
NOW, THEREFORE,
BE IT RESOLVED BY:1HE CITY COUNCIL DF THE CITY OF WEST
.UNIVERSITY PLACE, TEXAS: I. ',.
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Section 1~ The,matters descnibed in the preamble of
this resolution are found and determined to,betrue and
correct and are adopted, ratified and confirmed.
Section 2. The CityCounci lof the City of West
University Place hereby proposes consideration .of the
following tax rate for tax year 1989:
$0.3084/$100 for the purpose of maintenance and
operat1ion1;'", J~~'~_ r~
$O.0917/$100'for the payment of principal and
interest on
debt of this Taxing Unit
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$0.4001/$100 total tax rate
Section 3. A public hearing on the proposed 1990
budget and tax rate is hereby ca 1 led) for the fo 11 owi ng
date, time and place:
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154
Regular City Council Meeting, October 23, 1989
Date:
Time:
Place:
October 30,1989
7:00 o'clock p.m.
City Hall Council Chamber
3800 University Blvd.
Houston, Texas 77005
,
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Section 4. All actions by the assessor and collector
of taxes prior to this date with respect to such
calculations and publications are approved, ratified and
confirmed in all respects.
Section 5. If any word, phrase, clause, sentence,
paragraph, 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 6. All resolutions and parts of resolutions
in conflict herewith are hereby repealed to the extent of
the conflict only.
Section 7. The City Council officially finds,
determines and declares that a sufficient written notice of
the date, hour, place and subject of each meeting atwhtch
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.
Section 8. This resolution shall take,effect
immediately upon its adoption and signature.
PASSED AND APPROVED this 23rd day of
October , 1989.
Voting Aye:
Voting No:
Present and,Not Voting:
Absent:
Regular City Council Meeting, October 23, 1989
15:1
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Signed:
Laura C. Higley, Mayor
ATTEST:
Audrey Nichols
City See re ta ry
" Approved as to Form:
(SEAL)
. James L. Dougherty, Jr.
City Attorney
D
City Manager Richard Rockenbaugh explained that the resolution
before Council was an amended. Sections 4 and 5,aspreviously
submitted to Counci 1 were de l:etedasthey were not necessary thi s
year. The deleted sections were as follows:
"Section'4.Suchproposed tax increase shall be
placed on the agenda as an action item for the City
Council at ~ meeting not less than three days--nor
more than 14days-~after such public hearing. The
adopti on of a, tax rate :shall be a :s'epa ra te item on the
agenda for such meeting.
Section 5. The Ci,ty GounciLhe.reby de~ignates
Donna L. Sims to prepare and publish ,notice of such
public heari ngand of the subsequent meeting, all as
required by the Texas Tax Code, il.:ndto make
arrangements for the two meetings, including the
posting of the normal notices of meetings. Such
person i sa lso authori,zed to take all ,.other acti on
necessary or iricidentaltoany of the foregoing steps
or to the timely levy".and collection ;of taxes by the
City. ", ,)': i'
Sincethere"was not a'tax'increase being considered 'in the 1990
budget, .,the reference to such wa~ not necessary .
Motion was made by Councilmember Redeker, seconded by Council-
member Bell, that City Council accept the amendments to Resolution
89-28 deleting sections 4\ and,5., :" " I
VotingrAye:
Voting No:
Absent:
,Mayor Higley, Councilmembers
'Redeker, Watson
None,
None'
Bell, Jenkins,
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Motion was made by CouncilmemberRedeker, seconded by Council-
member Bell" that Resol utd on: Number 89-.28 be adopted as amended.
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Regular City Council Meeting, October 23, 1989
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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RESOLUTION DESIGNATING REPRESENTATIVES TO THE HOUSTON-GALVESTON AREA
COUNCIL GENERAL ASSEMBLY FOR 1990: Consideration was given to the
fo 11 owi ng:
RESOLUTION NUMBER 89-29
DESIGNATION OF REPRESENTATIVES
HOUSTON-GALVESTON AREA COUNCIL
GENERAL ASSEMBLY
1990
BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. That Buddy Bell be, and is
hereby, designated as its representative to the General
Assembly of the Houston-Galveston Area Council for the year
1989.
Section 2. FURTHER, that the Official Alternate
authorized to serve as the voting delegate should the
hereinabove named delegate become ineligible, or should he
resign, is Janet L. Redeker
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Section 3. All resolutions and parts of resolutions
in conflict herewith are hereby repealed to the extent of
the conflict only.
Section 4.. If any word, ,phrase, clause, sentence,
paragraph, 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 5. 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.
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Regu,lar City Council Meeting, October 23, 1989
157
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PASSED AND ADOPTED, this the 23rd day of
October, 1989.
Voting Aye:
Voting No:
Absent:
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Signed:
Laura C. Higley, Mayor
ATTEST:
Audrey Nichols
City Secretary
Approved as to Form:
James L. Dougherty, Jr.
City Attorney
(SEAL)
Motion was made by Councilmember Watson ,seconded by Councilmember
Jenkins, that Resolution Number 89~29 be adopted as presented.
D
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
Voting No:
Absent:
Councilmember Redeker offered an affidavit of substantial
interest, which was submitted to ,the City Secretary before the
meeting convened. The affidavit read, as follows:
STATE OF TEXAS ~
COUNTY OF HARRIS, ~
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AFFIDAVIT
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BEFORE ME, the undersigned authority, on this day,
personally appeared Ms. Janet Redeker, who, being by me
duly sworn did d~pose and say as follows:
My name is Janet Redeker. ' L have a "substantial
interestll in the Metropolitan Transit Authority (the
IIbusiness entityll), in that I am employed full time by
the business entity and receive at least 90% of my
annual income from that entity. I believe that the
business entity could be peculiarly affected bya vote
or decision of the City Council- to take a position
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158 .
Regular City Council Meeting, October 23, 1989
with respect to certain research on ~he rail proqram and
with respect to private sector involvement in fundinq. I
intend to abstain from participation in any action
regarding this matter, and I am filing this affidavit to be
in compliance with the Texas Local Government Code and the
City Charter.
Siqned:/s/Janet Redeker
STATE OF TEXAS ~
COUNTY OF HARRIS ~
BEFORE ME, a notary public, on this day personally
appeared Janet Redeker.k.nown to me to be the person
whose name is subscribed to the foregoing document and,
being by me first duly sworn, declared that the statements
therein contained are true and correct.
Given under my hand and seal of office this 23rd
day of October, A.D., 1989.
/s/Audrey,Nichols
Notary Public, Signature
My commission expires: 4-19-93
(SEAL)
FILED WITH (me, theoffi eta 1 record keeper of the City
of West University Place, Texas on this the 23rd day of
October, 1989, at 7:27 o'clock -E.m.
/s/AudreyNichols
Mayor Higley presented for consideration the following:
CITY OF WEST UNIVERSITY PLACE
,RESOLUTION NUMBER 89-30
WHEREAS, Federal reports indicate that other cities
with existing rail systems have far exceeded their budgets
and have failed to attract the predicted riders; and
WHEREAS, the Board of the Metropolitan Transit
Authority of Harris County is conducting justifiable,
and thorough research to determine whether similar
projection errors exist in the proposed Houston rail
innerconnector; and
fair
WHEREAS, if the Board, considering all the facts,
feels that more study is warranted, to also take into
consideration the environmental impact of building a
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Regular City Council Meeting"October 23, 1989
159
o
transit system of all busses and cars; to take into
cons i derati on;~he protection and we ll-beingof ..future
generations; and to keep in mind that the voters in January
1988 showed strong support for a rail system as one of the
four components of a comprehensive transit system; and
WHEREAS, at the completion of such research, we expect
the Board to make an objective determination on whether or
not to build the rail innerconnector based on the projected
cost to and benefit for the average taxpayer as well as the
environmental impacts of such a decision; and
WHEREAS, since the private sector has pledged
$130,000,000 to the rail innerconnector project, Houston
METRO is remaining firm in requiring these funds, none of
which have been paid or committed. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
o
Section 1. That the City Council does commend the
commitment of the Metropolitan Transit Authority of Harris
County to the conduction of a thorough research of the rail
program and, further, do uphold and support their continued
firm requirement of tne private sector funds.
Section 2. That this resolution be spread upon the~'
mi,nute;softhe City Counci;l;,meetingthi s.23.rd day of '
. ,iOe,tober :1989.. ' ':.IV;;I i ' , iI,.': 1
Section, 3. All resolutions :and parts of resolutions
in conflict herewith are hereby repealed to the extent of
the conflict only.
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Section 4. If any word, phrase, clause, sentence,
paragraph, 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 jurisdjction~the :nemainder of this resolution
and the application of such word, phrase, clause, seDtence,
paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected
thereby.
Secti on 5. 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 IJpon was
given in the manner required by the Open Meeting~ Law,
TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as
'required bylaw at all times during such discussion,
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Regular City Council Meeting, October 23-, 1989
cons i derati on and acti on. .. The C,ity Council rati fi es,
approves and confirms suc~notices and. the contents and
posting thereof.
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PASSED AND APPROVED this 23rd day of
October , 1989.
Voting Aye:
Voting No:
Absent:
Abstaining:
Signed:
Laura C. Higley, Mayor
ATTEST:
f' .f .,.
Approved as to Form:
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City Attorney
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(SEAL)
Motion was made by Councilmembe~ Bell, seconded byCouncilmember
Watson, that Resolution Number 89-30 be adopted as presented.
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Voting Aye:
Mayor Higley, Counci lmembers Bell ,Jenkins,
Watson
None
None
Councilmember Redeker
Voting No:
Absent:
Abstaining:
ORDINANCE,.AMENDINGCHAPTER 11 OF :THE, CODE OF ORDINANCES TO PROHIBIT
UNAUTHORIZED PICK-UP OF RECYCLING':MATER1ALS: Mayor Higley presented
for consideration Ordinance Number 1354 and read the caption, as
fo 11 ows:
ORDINANCE NUMBER 1354
AN ORDINANCE RELATING TO CANS, BOTTLES, NEWSPAPERS AND
OTHER ITEMS SUBJECT TO THE CITY'S RECYCLING PROGRAM;
AMENDING THE CODE OF"ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance Number 1354, 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.
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Regular City Council Meeting, October 23, 1989
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Moti on was made byCounci lmeinber Redeker, seconded. by Counci 1-
member Watson5that Ordinanc-e Number 1354be\accepted on first
reading as presented.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES TO ALLOW
DISTRIBUTION OF <PERMITS,WARNING~rANDNOnCES: .' Mayor Hlgley presented
for first and final reading Otdtnance Number 1355 and read the
caption, as follows:
ORDINANCE NUMBER 1355 '
AN ORDINANCE RELATING TO 'PERMITS ;WARNI,NGS, NOTICES
AND SIMILAR ITEMS ISSUED BY<GOVERNMENTAL ENTITIES OR PUBLIC
UTILITIES; AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSIT'Y PLACE, TEXAS; CONTAINIlNGHNDINGS AND
PROVISIONS RELATING TO THE SUBJECT;' ANDOEGLARING AN
EMERGENCY .J" !,,, \,
o
Copies of Ofdi nanceNumbe,r '1355, i n the form required for
adoption, wereavaila.ble ,toal,lmembers of City Council and a
- reasonable Humber of additional copies available to interested
sitize~s present.
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Motion 'was made by Gouncilmember Bell, seconded by Councilmember
Redeker, that City Council adopt Ordinance Number 1355 on first
'~nd final reading. '
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Voting Aye:
Voting No:
Absent:
Mayor ,Higley,' iCounci lmember Bell, Jenkins,
Redeker,' .Watson
None
None
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ORDINANCE RELATINGi'TO BUILDINGi.FOOTINGS,AND FOUNDATIONS:
Considerat'ionwas' given.to,thefn'stand flnal, reading of
Ordi nance Numbeir. 1356. Mayor Hi gl ey presented the 'ordi nance and
read the caption, as: follows:
ORDINANCE NUMBER 1356
AN ORDINANCE RELATING TO, BUILDING FOOlINGSiAND FOUNDATIONS;
AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS: AND PROVISIONS
RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY~ '
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Copies of Ordinance Number 1356, as amended, in the form required
for adoption, were availabTe~to all members, of City Council and a
reasonable number o'faddi,tional copies available to interested
citi zens present.
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Regular City Council Meeting" October 23, 1989
The City Attorney advised that the ordinance before Council was
revised, as follows, (the .underlined words are added).
Section 1. Subparagraph (ii) (relating to footings
and foundations) of Section E~52 of the Code of Ordinances
of the City of West University Place is hereby amended to
read in its entirety as follows:
(ii) All footings and foundations must meet all of the
requirements of the Building Code. In addition,
all footings and foundations of buildings must be
adequately designed for'the soil conditions and
must contain adequate steel reinforcement. (with a
minimum reinforcement of 6x6x6 wire mesh). In
addi ti on,. a 11: footi ngs and foundati ons of
buildings, except for projects involving only one
story with no more than 300 square feet of gross
floor area, must also meet the following
requirements:, (A) the .foundation must include,
, piers iunk into the earth to a depth sufficient
to avoid damage or, u.neven settl ing caused ,by
expansive or contractive soils or ~, '
non-load-bearing soils (the pier depth being
determined bYia soi.ls .nSR" re ort, repared b a
reco nlze anre,uta elSOl s Inves 1 a lon
agency or lrm " i. .It er,e mus e plers 0,
sufficient number and design to support the
building in question, (C) the foundation must be
illustrated,in complete plans and specifications
prepared, signed and sealed by a registered
professional engineer, and (D) if the foundation
includes any slab using npost tensionedll or
"cable tensionedll concrete, a registered
professional engineer must certify to the
Building Official, under oath, that the slab was
carefully and correctly tensioned in the presence
of, and under the direction and control of, a
registered professional engineer, and that the
slab is properly constructed and completed. The
Building Offic,ial may,requ,ire that such
certificate be made and delivered to the Building
Official at any time after the tensioning work is
done, but it shall ,be delivered, in any event, as
a condition of receiving a certificate of
occupancy.
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Section 6 was also amended to,reflect the effective date so
that it reads:
Section 6. The public importance of this measure and
the requ i rements of the, 1 aw create an emergency and an
urgent public necessity requiring that this Ordi~ance be
passed and take effect as an emergency meas,ure, and a state
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Regular City Council Meeting, October 23,1989
163
D
of' emergency is hereby dec,l ared, and thi s Ordi nance i's
accordingly pass.ed as ,an emergency measure,a,nd.sha 11 take
effect on the tenth day'following .its publ ication as
prescribed by the City Charter.
Motion, was made by CQuncil!11~mber J~nkins, seconded by Council-
member Redeker, that Ordinance Number 1356 be adopted as presented.
Councilmember Jenkins asked if, with the ordinance as stated, he
cou 1 d get by with one pi er.
The City Attorney suggested it would be a judgement call by the
Building Official. If denied, an,appeal could be made to the
General Appeals Board. It might become too intricate for the
ordinance "to specify ,the: number of pi.er.s requir~d.
Councilmember Jenkins thought it would be beneficial to receive
feedback as to how. many houses. ar,e'constructed with post tension
slabs.
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Councilmember Redeker agreed it would be helpful to get
information on how many post tension slabs are being constructed.
Mr. Dougherty explained that the. effective date amendment
specified the tenth day following the date of publication of the
caption of the ordinance with;the intent that if'anindividual
gets a permit application complete' into the Building Inspection
Division on or before that date, he could proceed under the old
ordinance. But if a permit application gets to ,the Inspection
Division after that date, then the individual would have to
redesign the slab.
Hearing no further discussion, Mayor Higley called for a vote on
the motion to adoptOrdinance.~umber 1356i.
Voting Aye: Mayor. Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
Voti ng No: None ',';
Absent: None
MASTER PARK. PLAN: Consideration was given to Monthly Estimate No.5
in the amount of $7,500.00 submitted by Tapley-Lunow Architects
for services in the development of the master park plan.
Motion was made by Councilmember Be,l1, seconded by Councilmember
Redeker that the invoice in the amount of $7,500.00 be approved
for payment to Tapley-Lunow Architects.
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Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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164
Regular City Council Meeting, October 23', 1989
RESTROOM RENOVATIONS AT COLONIAL 'PARK: ,Consideration was given to
the invoice in the amount of $20,455.00 submitted by DCI/Houston
for work performed on the'r~novations to the restrooms at
Colonial Park. " .
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Mot i on was made by Counc-i 1 member Bell, seconded by Counc i 1 member
Redeker, that the invoice in the amount of $20,455 submitted by
DCI/Houston be approved .for payment.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None,
None
AUTHORIZATION ,TO ,ADVERTI,SE' FOR: BlDS: Consideration was given to
authorize advertising for bids for purchase of the following:
(a) One 1500 GPM Pumping Engine (Fire Department Pumper); and
(b) Equipment for Fire Truck.
Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that City Council authorize advertising for the Fire
Department pumper and equiprrientas'requested.
Voting Aye:
Voting No:
Absent:
Mayor 'Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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CITY COUNCIL MEETING MINUTES: Consideration was given to the
minutes of the following meetings:
(a) City Counci 1 Workshop Session, October 5. 1989;
(b) City Counci 1 Workshop Session, October 9, 1989; and
(c) City Counci 1 Regular Session, October 9, 1989.
Motion was made by Councilmember Bell, seconded by Councilmember
Redeker~ that the minutes be approved as submitted.
Voting Aye:
Voting No:
Absent:
COUNCIL COMMENTS:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
Councilmember Jenkins asked for a schedule of when Weslayan was to !~
be resealed. I
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Regular City Council Meeting, October 23, 1989
165
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The City Manager respondeditison the county road log and the
county will come;n and<repa.ir,it. Howe,ver,. he would check with
the county of {ices to see when, the repairs may be .scheduled.
Council member Redeker asked if consideration had been given to
widening Weslayan to three lanes at Rice an.d University.
The City .Manageradv,ised that "the :'~ounty peop:le had 1 ooked at that
and determined thatWeslayanwas not wide enough for three lanes.
Counci.lmemberBell thought the City should see if the county would
widenWeslayan. He thought.,it wou.ld help take the ,traffic off
Academy and 0011 ege.' "
Mayor Higley offered that widening Weslayanmight only add to the
traffic.
Richard Rockenbaugh reported that the City has a number of
projects that staff was submitting to the county and Weslayan is
one that was discussed.St'a:flf can provide Council with a schedule
of repairs to Weslayan. '
Mayor Higley suggestedWeslayan be discussed at a workshop
session.
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Councilmember ,Redeker reported that she talked to the"gentl eman
who wrot'e a 1 etterto. the, city. He,isherne i ghbor and she
visited with him.
;Richard Rockenbaug,h suggeslteda response to the man's letter that
the city does not proce.ssw,a'teroffthe stre~t at the waste water
treatment plant. That water goes to the storm sewer.
Councilmember Be 11 ,'suggested that ; from the letter; the res i dent
thinks the:City'aHows construction ,over 9,0% of the land behind
the b~ilding line and,that,needed,to be addressed in the. response
to him.,
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Mayor Higley reported. she hadacalLon Sunday from a resident
that there was a water leak on Wroxton and the resident was
fearful that the leak would not be repaired promptly because it
happened on the weekend. However, the water division crew was
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Regular City Council Meeting, October 23; 1989
there torepairi the leak between 8:00 - 8:30 a.m. and the water
was' back on by 12':30,. Mayor Higley commended the water department
for their usual piompt re~ponse even on weekends.
Mayor. ,Higl ey' further' reported she! had a speci a 1 personal congratu-
lations. 'Her son fell and cut his' head while visiting a
neighbor--. There was 'quite a ::lot of bleeding', howev'er, her son was
not seriiOUS ly hurt :and . she, cou:l d not be reached by telephone at
that time. The neighbor dialed 911. Two paramedics and a
policeman arrived very quickly. " The first one to arrive at the
scene said Office Schne'ider was hugging my son. The Mayor
congratulated the Fire Department and ,the Police Department for
their prompt response time and their professionalism and commented
further that it was nice to live'in a neighborhood where they know
the most appropriate thing can ge a hug.
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STAFF REPORT:
City Manager, Richard Rockenbaugh, followed up with some more
information about the Police Department., The City received a
letter from a resident at 4016 Amherst congratulating the Police
Chi ef for the prO'fess'1'ona:l'manner' of' several offi cers, i nvo 1 ved.
The resident arrived home one day and found a burglar in her
house. After the confrontation, the burglar fled and she dialed
911. In less than two 'minutes,- Officer Tillary was at her
home'. 'Detectives1 Toma a'nd Gi'lbert' took over the case and within
a few days returned much of the resident1s stolen jewelry.
The City Manager further advised that the city received the
management letter from the recent audit and distributed the
letter. '
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Mr. Rockenbaugh reported that 'staff was following up on the number
of occurrences ~f water' leaks: The Superintendent of Utilities
reported that within the ,last week and a half the City has had
eight to ten water leaks. Some of the leaks were caused by the
ground shifting due to the dry weather. There have been one or
twO' caused by pressure breaks. With the automation of the
Wakefores t Pl ant ther:Ci ty is experi enc i ng di fferences in
pressure. The Water Division'is,working to balance .the pressure
in the water lines. The majority of the breaks are caused by the
ground shifting. The' breaks are 'totally different when caused by
the ground'shifting'dr by unbalanced pressure. When the break is
caused by ground shifting, the line is broken with jagged edges
and a pressure break leaves a hole.
ADJOURNMENT: With no further business' to come before Council at this
time, motion was made ,by Councilmember Bell, seconded by Council-
member Jenkins, that the meeting adjourn. Such motion carried and
the meeting was adjourned at 8~05 p.m.
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Regular City Council Meeting, October 23, 1989
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AudreyNic 1 s
City Secretary
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168
SPECIAL CITY COUNCIL MEETING
AND PUBLIC HEARING
MONDAY, OCTOBER 30, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
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City Council convened in special session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, October 30, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson.
Also present were the City Manager, City Secretary, Director of
Administration, Director of Operations, the Fire Chief and the Chief of
Police.
PUBLIC HEARING TO CONSIDER THE 1990 PROPOSED BUDGET COVERING ALL FUNDS
AND THE 1989 TAX RATE FOR THE CITY OF WEST UNIVERSITY PLACE
Mayor Higley called to order the Public Hearing for the purpose to
consider and discuss the proposed budget for 1990. The Mayor
commented that she would review some of the highlights of the
budget and then open the meeting up for questions and comments.
Mayor Higley commended city staff and the City Council for the
budget. City staff presented a well-reasoned, well-backed and
well-organized budget. City Council has studied the budget
diligently, line by line. With the exception of perhaps three
instances, Council came to a unanimous agreement on every item.
J
Mayor Higley invited all those present to get one of the budget
summaries available. The proposed tax rate for this year is 40~.
This is down from 43~ last year. The tax rate is computed by a
formula which is described and dictated by state law. It is based
on our revenue from interest on the City's bonds, on property
taxes and on other revenue and the last year's spending level.
That has brought City Council to the rate of 40~. Anything more
than 40~, (though we are down from 43~ last year) based on the
formula dictated by state law, would be considered a tax
increase. City Council considered carefully as to whether to set
the tax rate at 40~ per $100 valuation because we did have the
option of spending more but also of putting money in fund balance
for future capital expenditures. City Council decided not to do
that. The tax rate will fluctuate from year to year. This City
is committed to redoing of our water and sewer lines. We will
have to face also the redoing of our streets eventually. So, the
tax rate may go up in the future when we vote on future bond
issues. This Council made the decision that probably you could do
a lot more with a dollar in your pocket than our asking for a
forced savings and keeping the dollar in the government's pocket
for future capital expenditures.
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City Council Special Session and Public Hearing, October 30,1989
169
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Mayor Higley reviewed the revenues in the general fund. Our
property taxesthi syearwi 11. be approximate'ly $2;,400,000 . Sales
taxes are up somewhat. We also have a new source of funding which
is an estimated $50,000 for wrecker and cab permits. This year
the municipal court fines were under what was projected. We are
hoping to increase those by adding money for overtime traffic
control.
The garbage fee has gone from $11.00 to $11.75. Some of that is
because of newly impesed.rules' by.the EPA."
[
The parks and recreation division is about 79% self-funded. We
are hoping to increase that, but that is where ,we are right now.
Expenditures in the general fund $5,990,750. Itisup 8.47% from
last year. Included is'a proposed 4% merit increase for the
employees. There is nocost'of living increase. City Council has
provided for 10-year vesting. The last Council commissioned a
study of the City's compensation system. One of the reasons was
to bring the City on line with other cities in our.area with a
goal to put us at about an average compensation figure. An annual
survey is made to determine how our employees are compensated in
comparison with other cities in the area.
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The City's health insurance has increased greatly and reflects a
state-wide problem. The 'City has a well-pay plan in effect as one
method to hold health insurance costs down. Council also looked
at cuts in health insurance to help bring down our costs.
Other expenditures:, ,in geneYlal fund include a police incentive
program which is a bUdget! figure' of $28"000.,,, This was requested
and designed by the police, themselves. The goal of this program
is to encourage police to make West University Place a full career
commitment. In the policedepartment,rwe also have the first
'annual payment of $74,200~.00forthe new updated and improved
radio system. There is also a-figure for cellular phones in the
police cars. It is proposed:. for' the;. C,ity to pay air time for the
phones at approximately $3;500.00. The phones will be donated by
the Sentinel Club who will buy the equipment.if.the City will pay
for the air time. '
In the sol id waste division,: th,ecost, of plastic bags has gone
down $25,000. ' :1" ,-;
In the parks, there are: s'everal items requested byci;tizens and
Council has tried to respond. ' There will be more furniture at the
-pool,. at $5,100; plant i ng'af' trees along Bella; re .81 vd. , at a
cost of $2,000. ' There: is, included :a new..climber at Judson Park
at the cost of $6,000 and some improvements to the tennis courts.
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The senior services budget increased primarily because pf
transferring the custodial expense into their budget.
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170
City Council Special Session and Public Hearing, October 30, 1989
The fire department is scheduled to purchase a new fire truck
estimated at $200,000. The practice is to, through the years,
designate money in fund balance for purchase of the truck so that
when it becomes necessary for new equipment, the money is
available.
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The general debt service fund pays the principal and interest on
the City's bonds. The total recommended expenditure is $1,635,500.
Capital projects fund is basically money which comes from the
bonds and pays for construction costs for water and sewer lines.
Money recommended to be spent from that fund this year is
$7,467,000.
The water/sewer fund which is an enterprise fund and is ,
essentially self-sufficient operates .on user fees. The
water/sewer fund will reimburse the general fund $185,000 for
administrative services. The total water/sewer fund is
$2,138,850.00.
Mayor Higley opened the floor for discussion and comments from the
audience. '
J. T. Hood, 6320 Community, questioned the police incentive pay
and tuition assistance. ,He thought the amount of money was
excessive. Mr. Hood questioned the phones in police cars as to
their need.
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Mayor Higley explained that one of Council's purposes was to
increase police visibility. The car phones would enable police
officers to get backup information wh'ile in their cars and on the
street.
Chief of Police Griffith responded that the cities of Dallas and
Bellaire have phones in police cars. However, Bellaire put
the phones in administr~tive cars. West University Place plans to
place the phones in patrol cars.
Virginia Hood, 6320 Community~ asked if the City were restricting
the type of courses that will enable a reimbursement.
Mayor Higley responded that the City was not restricting the type
of courses. It was the sense of Council that any kind,of college
education would better enable the police to communicate with the
residents. It would help create a career development program.
Sue Cole, 3523 Robinhood, asked if the police sign a contract
that they will continue with the City after they get their degree.
Chief Griffith responded that there was no protection of that
kind.
Joan McCay, 3029 Carnegie, questioned the validity of the
incentive pay.
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City Council Special Session and Public Hearing, October 30, 1989
171
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Chief Griffith stated that the. pay increase was based on
seniority, focused training and .forma,l edueation. After the
offi cer has comp 1 eted, these <requ irements, then he wou 1 d be
entitled to the incentive pay.
Charles Nelson, 2931 Plumb, questioned why the debt service was
down from 14~ to 9~.
Mayor Higley explained that the interest earned on bond money was
used to lower the. debt serv i ce.
V,irginia Hood, 6320 Community, asked if the employees have to be
With the City for any length of time, before becoming eligible for
the tuition assistance.
Chief Griffith responded that.police personnel would have to
complete a year's service before becoming eligible for tuition
assistance.
Chuck Gillan, 3620 Ge.orgetown, que~tionedwhether the City was
doing any contracting out of jobs that normally would be done in
house and if this had been studied. He questioned.howthe
incentive pay was administered and if the City had any unfunded
li abi 1 it i;es .
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Donna Sims, Director of Finance and Administrationr responded that
the City has $42,000 in accrued sick leave that would potentially
be paid upon retirement~,
Mr.Gi 11 an asked Ii Lthe CHy,had the,.same contr.actors
constructing the water, and .sewer lines or were they different.
The City-Manager. responded, that, ,on occasion, the City has used
the same contractors. The City advertises for competiti~e bids
for all contracts, and attimes~ the same contractor has been the
successful bi'dder., .
Joan McCay, questioned salaries: contract temporary employees,
$54,150.00., Thatds employees above and beyond those who are paid
full time. ,Ms. McCayquestionedispeci.al projects.,as pecl,Jliar.
Overtime.,and longevity pay, is $17,300.00 and incentive pay is
$40,800.00. MsMcCaythough.-t this.ito be above the average day
to day salaries~ She"did not,understand.
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Mayor Higley answered that the majority of the contract help was
people to work at the.swimmjng; pool.;dur,ing the summer time.
Donna Sims responded that the City has $39,000 in the
inspection/permit d.ivision and, that primarily pays for the
contract plan checkers'. They are not city employees. They are
, pai d no 'benefits, other th.anon a per ,pI an: bas:i s w~~n they check
house plans. The City also charges a fee for the house plan
check'in,g' to',o',ffs.et t:tlat c'0,'S't:~':1 ;:
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City Council 'Special Session and Pub~ic Hearing, October 30, 1989
The police department temporary help is for part-time dispatch
he 1 p when the need ari ses. ,The fi nance department hi res two
summer students to assist during vacation time.
Ms. McCay readdressed the incentive pay question. There is
$28,800 in the police department and $12,000 in the fire,
department.
Mayor Higley explained that the two departments had separate
incentive pay programs to encourage the police officers and fire
fighters to come to West University Place and to stay with the
City. The overtime, that is in the budget includes (a) police
department traffic control iwhich should pay for itself, (b) fire
overtime is for the safety of our city, (c) inspection division is
more than 100% self-funded, and (d) in the other divisions we have
peop 1 e on ca 11 all the time'.
John Burns, 3114 Quenby, addressed two items. Overall he
thought it was a very good budget, but coming back to the
incentive pay, he thought it should'be restricted totui'tion and
not iric1ude fees. The ~ther item had to do with the solid waste
management. Mr. Burns wanted the plastic bags off the street and
suggested a solid waste enforcement officer be assigned to enforce
the ordinance relative to garbage bags being placed curbside
more than 12 hours before pick up day. The City of Bellaire
s'ends a pub 1 i c works "employee 'around to k'nock on the door of a
violator. They get a lot more cooperation in Bellaire because
they have more civic pride than we do. ------.J
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Jesse Hickman, 3777 Arnold,questioried why the City,had to pay
the City Manager $14,000 more a 'year than the national average.
If the City is going to furnish him with a lease car, why does he
need $5,400 for that when we can lease a mid-size sedan for $4,000
a:yeat. Mr. Hickman also questioned why there was a need to
hire another person in the senior services division when ,the
number of seniors living in the city is dropping.
Mayor Higley responded that when you look at the national average
of a city manager, you have to' take into account the variations of
the size of cities and the length of time someone has,been in that
position. When you look at a'salary, it may be difficult to tell
what'is'included in the'salaryr'what are benefits. covered in other
parts of the budget.' ,The last Council commissianed an outside
firm to look at how the City's salaries compared with other cities
and our salaries fall in the middle range of salaries in .the
cities in the area. 'Council 'can look into the cost of leasing a
car.
In the senior services division, the City did not hire anyone
new. That is a transfer of a.person from one division's budget to
another. The statistics .show that the percentage of seniors in
theCfty is 'staying the'same or increasing' as people are deciding
to stay in West University Place. We, personally, as a Council,
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City Council Special SessionandPubl ic Hearing, October 30, 1989
173
D
are committed to senior services ,and to prpvidingevery thing we
can for our sehio'rs.
Charles Gillan, asked how the incentive pay was administered.
If it were a management-tool to -get employees to do an above-and-
beyond kind of job performance; he was 'assuming the incentive pay
was that kind of thing.
\ "
Mayor' Higley responded that it varies department to department.
Terry Stevenson, Fire Chief, responded that the fire department
incentive pay was started when they took over the ambulance
service. At that time,' it was used to compensate employees for
added res pons i bi 1 ity and training for ,fi refighters to, become
paramedics. Also, money was added for advance level of
certification set up by the State for firemen to continue their
training. The average incentive pay for firefighters is around
$4Q.a month.
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Donna Sims stated that the 'only other incentive plans ar.e in the
solid lwaste division 'whichis';a:sa:fedriv,ing incentive. '. In the
wastewater treatment and water divisi'ons, the employees receive
some types for classificationsfor..certain types of licenses whi,ch
are required by the State Water Board.
Adelle Pitmann, 6501 Vanderbilt, stated she noted that the
City has one employee for 80 citizens and asked if there was any
significance to that~I, .1.
The Mayor responded that there was not significance to the
numbers, in fact, we have approximately one employee per 100
people. ' , " ,I i,
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Mrs. Pittman asked if the City has an account in savings as a
reserve.
Mayor Higley advised that there is $4.4 million in the City's fund
balance, some of which is 'designateaforfuture capital
;i hvestments.
Chuck Gillan asked how much uninsured exposure the City has in
regard to, the deposits.,' ., iJ, " .
Donna Sims explained that the:CityLs.funds are 100% collateralized.
Hearing no further comments or questions from the audience, Mayor
Hi gley decl a red the pub 1 i'chearing adjourned and .immec;li ate ly
convened the speci a 1 se:ss,i on: of C:ounc.i ,1 .,
ORDINANCE ADOPTINGnHEBUDGETFOR::FIS,CAL YEAR: 1990.: Mayor Higley
. presented Ordl nance Number 135/ and; read the :caption.,as fo 11 ows:
:".1
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174
City CouncilSpecialSession and Public Hearing, October30t 1989
- QRDINANLE NUMBER 1357
. ,
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL
YEAR BEGINNNING'uANUARY 1, 1990 ,AND ENDING DCEMBER 31,
, 1990; APPROPRIATING :FUNDS ..FOR SUCH BUDGET; CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
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Copies of Ordi nance Number 1357, in the form requi red for
" adoption, .were 'avai.lable, ,to all. members, of City Council and a
reasonable number of additional copies available to interested
citizens present. ."" '
Motion was made by Bell, seconded by Gouncilmember Redeker, that
Ordinance Number 1357. be accepted on first reading as presented.
Mayor Higley inviteddiscussi.on. "
Councilmember Jenkins stated that he had gone .on record against
the incentive pay for the police department for the reason that
the City 'already prov:tdes tuition assistance. In the past the
tuition assista'ncehas, -not ~been utilized. If the City offers an
incentiVe pay of up to-$300a.month, he thought it was stacking
the: deck a little bit,toohe,avy. '
Councilmember Bell asked if he wanted to leave the tuition
assistance and take out~the incentive pay.
Counci lmember Jenkins stated he 1 i ked what the ,City of Houston
does; it pays approximately $90.00 a month or some other figure
after they receive ac,degree.
Councilmember Bell asked if the incentive pay were,not more direct
with what they are doing, more job focused.
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Councilmember Redeker asked how many officers are,going, to school
now.
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Chief Griffith respondedJthat there: were about ten officers going
to school at the present time and he expected more to enroll next
year.
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After a general discussion, motion. was made byCouncilmember
Jenkins that Account 01-08-00-1027 [Incentive Pay in the Police
Department] be reversedbackrto the 1989 budget'figure of
$7,150.00.
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Mayor Higley called for,second to the motion. Hearing none, the
motion died for a lack,of a.second;
Telephones in police cars were. discussed. Councilmember Jenkins
suggested the City use, the new radio system and then see if there
was a need for cellular telephones.
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Discussion was held as to the viability of phasing in the phones.
City Council Special Session and Public Hearing, October 30, 1989
175
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Motion was made by Counc,Nmember Bell that the air, time expense
for the phones be reduced to,l$l,500 and phase. in' the phones on an
experimental basis. Councilmember Redeker seconded the motion.
Councilmember Redeker' asked :if the, radios in the cars were
strictly a dispatch to officer communications. Chief ,Griffith
responded affirmatively. Without phones in the cars, if the
offi cer needs i nforma tion, he, ca 11 s the d is pa tcher and as ks the
dispatcher ,to get theiinfol'1mationfor him. At times, the" officers
may have to call several agencies.
In an arrest situation, the officer might call to check-with the
county for outstandi ng' warrants. He mi ght call another agency .
When the phones wi 11 be u.sed ',the mosti s in follow-up
investigations: when a'house.is -burgl.ari.zed, a ,car ,is stolen,
those types of investigations.
Councilmember Redeker as-ked cwha,tthe officers do now? Do they go
back to the station and ma,ke, ithese calls'?' Chief::Griffith answered
in the affirmative. If they called the dispatch off~cer for these
calls, it places a great deal of strain on the one person on
dispatch duty, particularly.;if there is a major incident in
progress.
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Councilmember Jenkins stated he would vote against ,the expense.
He was not in favor of having the expense in the budget even at
$1,500.. ! l'
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Councilmember ~atson stated'he'wouldvate .against the'motion for
the opposite reason. He thought it should be at $3,000.00.
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Councilmember Redeker asked the Police Chief if he considered the
incentive pay mdr~~import~rlt~tHan,the~hbhes.' Chief Griffith
responded that if phones are' tools-,that-:will' be used to do a job
more effic i ently', th~ndhe'y: were: worth i ti.- ' '
Counc:i'lmember;~Redeker asked" ,if the ca H Siwere. recorded. Chi ef
Griffith responded that every numberthatds called would be
~ecorded. ' J;y ~0
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Further discussion followed. Councilmember Bell withdrew his
motion and Counc:ilmember Redeker',withdrew her', second,. " '
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Mayor Higley called for a vote, on leaving $3,500 in the budget for
air time for police car phones.
Voting Aye:
Voting No:
Absent:
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Counci:lmembers' Bell, Redeker, Watson
Mayor Higley, .councilmember Jenkins
None.:' ~"
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Councilmember Jenkins stated he was in favor of the 10-year
vesting, but questioned the City's contribution to the Texas
Municipal Retirement System at a ratio of 2 to 1 for employees.
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City CouncH Special-Session and:Pub:l:ic ,Hearing,- October .30" 1989
He ,thought w,iththe implementation of:.l0"'\"year vesting" that
Council. might consider adopting a 'r.atio of 1.5 to 1 or 1 to 1.
Councilmember Redeker asked how long the City had been at a 2 to 1
ratio. The City,Manager",replied that the 2 to 1 ratio was adopted
in 1966.
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AfteT. discussion, Ma~or. Hig:ley suggested, that staff come back to
CouncU: at the next! workshop with, figu:res on 1.5 to: 1 and, 1 to 1
with the respective rates' and.what effect the change,might have on
retirees.
,1-' "
,Councilmember Redeker asked how many of the City's seniors are
served through the Seni or :Servi ce-sp:rogram. The City Manager
responded about 20% that'~ome to the functions~
Mayor Higley called for a vote on the motion to accept Ordinance
Number 1357 on first reading.whichwould be a vote on the budget
as 'presented. Counci.l will receive more information and may
consider and amendment ,at ,the second reading of the ordinance.
Voting Aye:
Voting No:
,- Absent: '
Mayor Higley, Councilmembers Bell, Redeker,
Watson
Councilmember Jenkins
None,
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ORDINANCE LEVYING AD VALOREM TAXES FOR TAX YEAR 1989: Consideration
was given to Ordinance Number 1358. Mayor Higley presented
Ordinance Number 1358 and read, the :caption as follows:
'~ '.,
ORDINANCE NUMBER 1358
., .<}: .:
AN.ORDINANCE LEVYING AND ASSESSINGAD:VALOREM TAXES ,FOR TAX
YEAR 1989; CONFIRMING AND GRANTING EXEMPTIONS; CONTAINING
FINDINGS AND PROVISIONS,RElATING'TO, THE SUBJECT.:
Copies of: Ordinance! Number, 1358,"in the fo~m' required for
adoption, were available to aU members of City Council-and a
reasonable number of additional copies available to interested
citizens present.
Motion was made byCouncilmember Redeker",seconded by: Council-
member Bell, that City Council accept Ordinance Number 1358 as
presented on first~reading.,
Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins,
; Redeker, Watson
Voting No: <<one
Absent: None
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City Council Special Session and Public Hearing, October 30, 1989
o
ADJOURNMENT:
With no further bus.ines,s' to:,come before Council at this time,
motion was made by Counctlmember Bell, seconded by Counci lmember
Jenkins, that the meeting adjourn. Such motion carried and the
meeting was adjourned at 9:12 p.~.
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Au rey 1 c Is'
City Secretary
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178 '
CITY COUNCIL WORKSHOP SESSION
THURSDAY, NOVEMBER 9, 1989
MuNrCIPALBU1LDING
'3800 'UNIVERSITY 'BLVD.
, ,7: 00 P. M.
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City Council convened in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Thursday, November 9, 1989, with the following members present: Mayor
Higley, p~esiding; Councilmembers Bell, Jenkins, Redeker and Watson.
Also present were the City Manager, City Secretary, the Fire Chief, the
Chief of Police and the Director of Operations.
HEARING OF RESIDENTS:
Tom Weatherly, 2629 Pemberton, submitted and read the
fo 11 owi ng:
liTO: MAYOR AND CITY COUNCIL OF WEST UNIVERSITY
PLACE
What are the intentions of the mayor and
city council concerning material published about
the city manager in the Village Life having to do
with (1) how he procured his job, (2) whether he
is legally serving as city manager at this time
and (3) concerning alleged questionable personal
expenses?
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These matters and the fact of no public
hearing on them are preventing a swift and sure
exoneration of the city manager if there is no
basis in fact for the charges. He is entitled to
a public hearing. No hearing at all is an
insult to the citizens of West University.
This is not a matter for private hearing
but one that should be conducted publicly. It is
not simply a personnel matter."
Mayor Higley responded that Richard Rockenbaugh has volunteered a
statement to the City Council and it would be scheduled for a
later date.
Donald Meyer, 2619 Robinhood, expressed his concerns about the
use of credit cards and the responsibility for the cards. He
expressed concern about the City Manager writing off expense
advances. His other concern was about the mention of bonuses to
employees. He thouqht the city charter required the city manager,
city secretary and the city attorney to be appointed at the
beginning of each year.
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179
City Council Workshop Session., November 9, 1989
o
Mayor Higley replied that the newspaper articles have created some
misunderstandings. ,Credit', cards ,expendi tur:~s !ire approved by at
least three members of staff before they are submitted to the
mayor for signature. Employee advances are not written off.
There is a notation in the ledger that expense advances are a
write off to expenses'., Every~adv.anceis required to have receipts
attached for documentation.
Dr. Arrighe, 3036 Albans', :commentedthat, before the Harris County
Appra i sa 1 Di strict came,:i nto.effect, the res i dents. used to get
their tax statements .in October.. Now, the tax statements are
received much later. Dr. Arrighe wanted to know, in the finance
department there are ,nine employees now,. did the number of
employe,es decrease after the Harris County Appraisal District
became effective. Also, Dr. Arrighe stated she was not in favor
of payi ng emp 1 oyees to go to co,l1ege. However, she wou 1 d be in
favor of employees having some time off for this purpose. Dr.
Arrighe noticed that almost.everybodYconstaff leaves their car
running when they are not in their cars. Dr. Arrighe suggested
thataTuminum foil and,TV~dtnner tray.sbe included in recycling.
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,Bob Park, '3752 Plumb ,comme,nted on ,retirement benefits and
ten-year vesting. He thoughtl the city's contribution ratio to the
emp 1 oyees, reti.rement system"shoul d;be+n~duced to ione to one. He
'Suggested written city poHcies ;bereviewecl.ateach new
'administration. ': ;), 'Uu
Dorothy Rieger, 65i6''8r,ompton, a,sked that Council consider the
olderpeoplewholiv,e:onfixed, incomes before ,increasing employee
',S'alar;.es.; l(~ I'
Joan McCay, 3029 Carnegie, questioned the municipal court
supervi sor I s salary because it increased 16lt. ,Ms., iMcCaywas not
in favor of an open-ended ,incentive pay situation for the police
idepartment., because. they have no commitment to the city after they
recei ve'thei r'degree. ;,.Ms .,McGay stated"that HISDwas
increasing their taxes,., ,Just, becausetne city's rate dropped from
43lt to 40lt, the amount the residents would be paying to the city
would not go down. ,Property'was reappraised and, values increased.
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Jim Cole, 3527 Robinhood, questioned the. prOjected year end
figures stated in the budget document. Mr. Cole also stated
tha t.; when the City Manager was.. seJ ected there was a citizens
committee who reviewedall,applicants. The applications were
narrowed down from 57 to-5'peop]e". Ou;t of the five people
interviewed and a thorough background check, Richard Rockenbaugh
was" se 1 ectedi. ' ,
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Clarice Hunter, 2812 Robinhood, was concerned about the
in'centi:ve' pay. She ,was in, favor o.f the incentive pay.
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Marla stan ley ,"3518 'Ben aire, comme:nded, City Council for the
excellent 'job they were doing;, She s,tated she knew very close
attention was given to the money spent in the City. Mrs. Stanley
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City Council Workshop Session, November 9, 1989
stated she was aware the City had an' excellent citY' staff who had
her full support. Mrs. Stanley further stated she thought the
City received a telegram which she read, as follows:
Honorable Laura Higley and Members of West
University Place City Commission:
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Throughout my life I have abhorred orchestrated
vendettas. Richard Rockenbaugh has served the
city well as assistant city manager and city
manager during times of~great political
sensitivity in the community. He has my complete
support and deserves that of the entire City of
West University Place.
Respectfully submitted.
Rufus F. Stanley, Jr., M.D.
Boone Schwartze 1 ,2739, Pi ttsburg,. stated he woul d 1 i ke to echo
those thoughts to Richard Rockenbaugh. The City Manager is
getting criticized.-Staff is demoralized by the critici'sm from
titizens, a newspaper and a councilman. Criticism without
constructive comments is ;'destructive. Mr. Schwartzel 'diTected his
comments to Mr. Rockenbaugh and stated whether there i~truth or
not to the reports, Mr. Rockenbaugh needed,to be evaluated on his
performance only and it is City Council's place to do that. He
advised Mr. Rockenbaughto takethe';reports with a grain of salt.
There is a new editor on the 'Village Life who may have ,an axe to
grind. His personnel file may be more interesting reading than
Mr. Rockenbaugh1s.
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S. B. Needham, 4112 Albans, stated he did not know Mr.
Rockenbaugh. He has yet 'to hear him open his mouth. Mr.
Needham stated he thought we were living in times where everyone
needed to be checked. We db not want any cover ups. City Council
has an opportunity to'make this a great place to live.
Peg Measom, 3129 Robinhood, stated that the articles in the
Village Life were written by the owner of the newspaper and let us
not beat John Johnson down.
Suzanne Ahrens, 3729 Nottingham, stated she would like to
thank Marla Stanley for her remarks, because she, too, appreciated
all the things Richard Rockenbaugh has done for the City.
William Wally, 3308 Rice, questioned the number of cars
furnished to employees who live outside the City.
Joe Polichino, 2740 Arbuckle, offered his endorsement of
Richard Rockenbaugh pecause he is efficient and serves the City
well through the Council. He believed that the discussions
brought about by the newspaper articles will be resolved.
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181
City Council Workshop'Session, November 9, 1989
o
Joan McCay questi oned who recei ved an itemi zed 1 i st of checks.
She stated the.cha\rt~r . required a financial reportlbe submitted to
Council every month and wanted to know if members of Council
rece i ved it.
Mayor Higley responded thata,financialreport in the form of a
computer print out is available monthly.
DISCUSS AND CONSIDER REPORT FROM, TRAFFIC COMMITTEE CHAIRMAN:
Jerry Nickell, 4123 Albans, Chairman of the Traffic Committee,
reported seve~aLttems. his..,comm,ittee,.'wasa.ddressing. All
committee recommendations will be presented to the City Council in
writtenfo.rm at alaterdate.iH.is,general report was an outline
of what woul d be p'resentect. :
DISCUSS PENDING ITEM FOR PROPOSED 1990 BUDGET:
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Mayor Higley explained that the proposed budget ha.sa
recommendation for a 'ten-yearvesting<program~ At this point the
City contributesona 2td1 ratio. City Council 'will consider
different ratios and the effect on employees and retirees.
Director of Admini strati on, Donna 'Sims , reported she contacted the
Texas Municipal Retirement System (TMRS) for the different
contribution ratios.Ona'H to 1 ratio, the contribution would
be $246,300 giving the City a savings of $46,650. On a 1 to 1
ratio, the contribution would be $200,550 with a savings of
$92,400., These ,;figures!a~ebased;on ,:theempl oy,ee contrtbuti on
remaining at 5%. Information:regard:i:ngother cities ,i:n ,the area
and their ratios of contribution was discussed~ Fourteen cities
were considered. A change in the contribution rate would have, no
change: on thereti,r.ees' ;lbenefits.,Hawever,emp~,oyees who are
presently working would have their future benefits affected. The
following examples were given:
Present
Employee Age
, ,I i
Present Years Present Future Benefit @ Benefit @
Service Benefit at 65 1i/1 III
x
Y
Z
45
25
48
7
2
5
$ 3';073
$ 4,393
$ 1,288
$ 2,772
$ 3,707
$ 1,142
$ 2,471
$ 3,022
$ 996
It was staff1s recommendation that the reduction in benefits would
'not be beneficial and it was not recommended.
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Councilmember Bell stated that if Council reduced the ratio, it
wou 1 d, be, taking somethi ng away>from theemploy.ees ." The City has
had th:is2 to 1 contri butt on ratio si nee 1966 . Looking ,at the
!othertities in the area, West University has a conservative
plan. "
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182
City Council Workshop~ Session, "November 9,' 1989
Councilmember Jenkins stated<thatout, of the 559 cities. in TMRS,
there 'are: 240 which have a 2,tod 'contribution ratio. That would
amount. to' less than ,50% of the::member cities.'
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Councilmember Redeker asked what if the employees were asked to
contribute 7%. :Ms. Sims 'responded it would incr.ease the city's
ratio also.
Councilmember Jenkins. commented _that .if the City went to a 1 to 1
at 7%, the City's rate would be less.
1 'l,
Councilmember Bell-stated ,he 'had a', problem cutti ng someone I s pay.
I
Councilmember. Jenkins: responded :that 'Council would not be taking
anything away. Council is going from 20-year vesting to 10-year
vesting. '
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Mayor Higley called for amotlon.
"
Motion was made by Counci,lmember Be,n,l seconded by Counci lmember
Redeker, that theCity,remain'at the retirement contribution ratio
of 2' to 1. ,i,' " ',. , ,
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Voting Aye:
, Voting No:
'Absent:
Mayor Higley, Councilmembers Bell, Redeker,
Watson.
Counci~member Jenkins
None " :.: " "
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Mayor Higley asked is there;were,other issues on the proposed
budget that needed~to bediscussed~ '
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Council member. Redeker. asked to discuss the car phones for the
polli ce,'department. She thought ,thephol'iles were not a necessary
item. They are tools; but not necessary ones.
Motion was made by Councilmember Redeker that the air time for the
cellular phones be deleted from the budget. Councilmember Bell
seconded the motion. '
Mayor Higley invited discussion.
Councilmember Bell asked, if the City might ask the Sentinel Club
to purchase two car phones and pay the air time for them.
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Chief of Police Griff.ith responded he did not think the Sentinel
Club would be agreeable to the suggestion.
Further discussion included the fact that conversations would not
be .recorded- just the number called was recorded; the number of
ca lls pe,r month that woul d be covered at the budgeted amount; and
the sensitivity of the pilot program.
Mayor Higley called for a vote on the motion to delete the phones
from the budget.
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183
City Council Workshop' Session; November 9,1989
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Voting. Aye: Mayor Hi;gley,i~CouncilmembersBell, Jenkins,
Redeker" Watson'
Voting No: None
Absent: None
DISCUSS, AND, CONSIDER RECOGNlnONAND, RESRONSE-:PROGRAM:
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City Manager, Richard Rockenbaugh,reviewed a computer program
that staff andhe had developed. It is one that will also get the
c,i ti zenS: i:i nvo 1 vied wifthci tyerrtp loyees. ' The 'pro'g'ramwi llestab 1 ish
and utflizei:-some the irecommendatio-nsifrom ,Gounci:l ,and. will help
solve;;res idents conc'e;rnsinlore.,ef;f;tciently~; It ,will all ow citi zens
and employees to identify any type of problem in the community.
All of the information:from,the citizens or employees :will be
recorded into the' · computer' by the program manager who will ass i 9n
ita number.'hThei;proper:departmentwill be aS,ked to look into the
problem and determine how,long it'willtake to complete a remedy
(which isa 1 so' a compliter 'entry). ' A letter will ,be generated to
the resident explaining what is being done. A letter thanking the
resident or employee ifor brining the problem to the City Managerl s
attention will be ma,il ed~WHen final;,di spos i ti on i scomp 1 eted, a
card will be mailed tothe'reporting resident for them to evaluate
the city.s performance. Hopefully, the one reportin.g .the problem
will know they had a part in getting it resolved. At the end of
the year, the resident or employee who have reported the most will
be formally recognized by Council.
It is possible to have the program 'i,n place by the"first of
January. Staff.s plan is after submitting it to Council tonight
tOsubmi't the program ,to staff "and .'beginprogramdevelopment on
November 15. The City Manager would prepare press releases and
put the message in water bills. Estimated cost of the program
will be approximately.$5;00Q.00 whioh,isa ione-:-:time.cost. There
is money 'available in this ,-year's budget. One other aspect of the
program is that. staff will be able to give Council a monthly
'report'on what problems 'were reported"who reported the problems,
and1what the status is.
Counci'lmember Jenkins suggested that ;,there be a requj rement that
the problem recognition formsmust~be'returr'1ed; to the program
;ifJanager\iJ'ithin ten working! days. "
The City Manager stated staff gets' the form immediately. After
disposition, they must return, it back to the program, manager
within to days'.
Motion was madebyCouncilmember :Bell, seconded by Councilmember
Redeker, that CityCou'ncil authorizeithe, purchase and implemen-
tati on of the Recogni ti'on 'and Response. Program.
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City Council Workshop' Session, ,November ,9,,1989
Voting Aye: ' Mayor ,H.t:g}ey, CQuncilmembers B,ell, Jenkins,
Rede ke'r" Watson
Voting No: None
Absent: None
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DISCUSS AND CONSIDER ABANDONED SJREETRIGHT OF. WAY: WESTPARK AT
DINCANS:
Director of Operations, Curtis ,Cooper, reviewed .the status of the
City's purchase 'from the City of Houston of 'the abandoned right of
way on Westpark. . Letters were mailed requesting releases from
the uti l'i.ty :company.' Houston.L.ighti,n,g:a,nd ,Pow~r C.o.mpany is the
only release outstanding at this time. HL&P will not give the
release,.but will request to-keep an easement through the subject
property. However" sta;ff! s r;e,ques ttQo,i ght i.s for Counc 1.1 to
authorize appropri ationof: $.30Q,.00 for an escrow deposit and
$2,400.00 for an appra. isa 1 dep.os it.. If the money is appropri ated,
s ta ff wtll be ab 1 e to proceed with the acqu is i t i on of the property.
Motion was made by Councilmember Bell, seconded by Councilmember
Watson; that City Council authorize the appropriation of the funds
requested and. authori ze, staff to proceed with the property
acquisition. "
Voting Aye:
Voting No:
'Absent:
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MayorHigley,Councilmembers Bell, Jenkins,
Redeker, Watso.n
None
Nane
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DISCUSS AND CONSIDER ,LANDFILL PLAN AND RECOMMENDATION FROM LANDFILL
ENGINEERING FIRM:
Curtis Cooper reported that since :the.last landfill study
completed in 1986. the Environmental Protection Agency (EPA) has
developed. very stringent regulations for landfill operations.
These Subtitle D regulations are due to become effective in March
of 1990 after which the state will .have eighteen months to adopt
them. The economic impact on the disposal of solid waste may
prove to be overwhelming to the.City. Some of the major effects
of the regulations include methane gas and underground water
monitoring during the use,of,thelandfill and thirty years after
the landfill is closed; financial assurance, by the owner, that
the landfill will close:in accordance to the regulations; clay and
polyurethane liners for garbage trenches; and possible restriction
in disposing of sludge from sewage treatment plants. Mr. Cooper
recommended that Council review the material and discuss the issue
mor'e thoroughly at another session. He did recommend the City
seek professional and expert advice for guidance through the
operational regulations and the available options.
Mayor Higley suggested the City include privatization of solid
waste management as an option.
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185
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Councilmember Redeker suggested! the City might get some reduction
in cos'ts 'from companies .thatwould use Wes;t 'University Place for a
model to show other cities what they do and how to handle the
.' restri ctfive program. '
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Mayor Higley suggested and Council concurred that the landfill
plan be placed on a workshop 'agenda for Monday, November 13, 1989,
before the regular session with the option to continue the
discussion after, the regular session is concluded.
AGENDA REVIEW:
Copies of the draft agenda for Monday, November 13 were
distributed for Council's review. The agenda was generally
accepted as submitted.
DISCUSS AND CONSIDER APPROVING "CITY CURRENTSII
Gouncilmember Bell stated he thought 'the layout of the revised
IICity Currenfs" might be better coordfnated so that continued
articles 'naturally followed on consecutive pages.
COUNCIL COMMENTS:
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'Mayor Higley presented gifts from Saintes, France including a
firemanis helmet, pennant'and other items. They were given to the
City when the French' were here for 'the 'French Festi va 1. The
,French are enthusiastic, a,bout"the:sister citty relationshi,p and
want to continue an exchange of municipal officials every two
years. The Mayor suggested Council discuss-the exchange program
'in a wotkshop session~
Mayor Higley commented she received a response from P. J.
;L'ibnetti thankingttie City.;for:'.the resolutj,on re,l,ative to the
rail system study and funding'.by the"private sector. Ms.
Lionetti used language from th~,resolution in her report to the
Metro board.
Mayor Higley called attention to a letter received from Reid
Wilson requesting, authorizationlto.retain ,the City Attorney to
"assist the Zoning and Planning Commission' in, the, te,chnical
revision process of the zoning ordinance~ The Mayor asked for
Council's response to Mr. Wilson's request.
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Councilmember Jenkins asked how much of the City Attorney's time
would be I involved. ',. '
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Mayor Higley responded she would ask about the time and try to
limit the time and request that if it was getting too much, the
City Attorney would come back to'Council for approval to exceed
that limit. ./
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City Council Wo'rkshop'Session, ,November 9, 1989
Councilmember, Bell a'sked. that CQuncil, include in Mr., Wilson's
letter a request to the Zoning and Planning Commission to. study
changing the setbacks on Community Drive so that the building line
would be closer to the street. The Long Range Planning Committee
is also studying the issue.
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Mayor Higley reported she and Donna Sims met with an individual
who introduced ways to increase the return on,the City's money if
a money manager were hired., We w.ill report back to Council when
we have more information.
Mayor Higley reported that the parks study information that was
sent by Dave Agerton was to'see if Council wanted to
participate in proofing before the study was put in final form.
After discussion, Council agreed to wait for the parks study
presentation when it is in its final form.
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Mayor Higley advised that the sChool board was planning to build
another school and the big question was how would the school board
redraw the lines. The Mayor commented the PTA should make a
recommendation on what would be the most beneficial to the
citizens of West University Place.
Councilmember Watson advised that the President of the PTA, Bob
Kelly, was working ona recommendation to support the wishes of
the City. Mr. Kelly would appreciate input from Council
Members. The school ~istrict needs about eleven acres for a
school site and there'are not that many sites available in the
area.
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After discussion, the Mayor agreed to write a letter to encourage
and support Mr. Kelly's efforts.
Councilmember Jenkins noted that the staff report referred to a
plan to improve the recycling ~rop'off on Milton Street., He
would like to see the drawings when they are available.'
Councilmember Watson suggested a drop off drive-through.
Councilmember Bell asked the status of Mr. Birch's driveway that
was damaged during a video testing. The City Manager responded he
would find out and follow up on the question.
Councilmember Redeker asked the status of the City's request to
the Montclair Center to plant trees on Academy. ,The Mayor advised
that the center's response was that they would not plant trees
along Academy.
Donna Sims suggested that Randall's was requesting to be made a
paying agent for the City's water bills. The City might;ask
Randall's to. also request beautification along Academy~nd
perhaps Randall's might be able to get a better response from
the center. Council was agreeable to staff making such a request
to Randa 111 s .
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City Council Workshop'Session, November 9, 1989
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Council member Redeker-dnqu.iredinto the response to Mr. Mi 1 ner' s
letter concerning ,the rightof,'way behind the homes on Community
Drive.
Richard Rockenbaugh reported that one of the problems was the
railroad right of way is in Houston. However, Chief Griffith
visited with Mr. Milner after the City received his letter and
advised him of what the City was trying to do. In the mean while,
Municipal Court Judge, Michael Schneider, has given ,staff some
names with the railroad to contact. Mr. Schneider ,worked for
the railroad for many year.s. Staff drafted a 1 etter and the City
Attorney is reviewing it.. ,Basi:cally, the letter As advising the
railroad that if they do 'not clear the right of way, the City will
be forced into some kind of litigation. The City of Bellaire is
also joining in the effor,tand iwillbe mailing letters to the
railroad.
After discussion, Mayor Higl:ey. agreed to write a letter to Houston
Councilman, Vince Ryan; whose district the railroad is i,n, and ask
for his assistance.
STAFF REPORT:
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City Manager, Richard Rockenbaugh, reminded Council that the
monthly financial report'.wasavailable for inspection in the
finance office. However, if Council chose to have the:report
distributed to them individually or have one report ,issued at a
council session, either way was acceptable to staff. After
discussion, Council concurred to have one copy of the monthly
financial report available at workshop.sessions.
ADJOURNMENT:
With no further business to come before City Council at this time,
motion was made byCouncilmember Bell; seconded by Councilmember
Watson~ tha.tthemeeting adjourn. Such motion. carried: and the
meeting was adjourned at 9:52 p4m~
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188 ;
') of
REGULAR CITY COUNCIL ,MEETING,
, NOVEMBER ,13" 1989 ,
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P~M.
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City Council ,convened in regularsess,ton ,in the Municipal 8uiJding,
3800 University Boulevard, i.n.the,City of West University Place, on
Monday" November 13, 1989, with ,the following members present: Mayor
Higley; prestding; Councilmembe,rs ,Bell, Jenkins, Redeker and Watson.
Also present were the City Manager, City Secretary, City Attorney,
Director' ,of Administration,';Director of Operations. the Chief,of Police
and the Fire Chief. Mayor ,Higley .delivered the invocation and led the
Allegiance to the Flag.
INTRODUCTION OF NEW PERSONNEL: Fir,e Chief, Terry Stevenson,
introduced Charles Bell"Firelnspector and Public Education
Officer.
Chief of Police, Steve Griffith, introduced Delpha McDpnald,
Animal Control Officer, and Darrell Blalock, Police Officer.
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HEARING OF RESIDENTS: Mayor Higley invited residents to speak who
had matters they wished to' bring to,theattention of the City
Council ,which had not previously been submitted to the City
Manager. , "
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Jesse Hickman~ 3777 Arnold, suggested, in regqrdsto the;City
Manager that until the cloud of suspicion has been cleared, that
his present salary remain as is and the expenses for the:lease car
be deleted.
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J. T.,Hood, 6320 Community Drive, thought the cjty chart~r
requited that: each new administration reappoints the city manager,
city secretary and the ci.ty attorney. He wanted to know ,at what
time this administration was going to do this. Mr. Hood asked if
the citizens would be able to attend the meeting at the
'confirmation of the appointments to see who votes for who.
The Mayor responded it was a personnel matter which was always an
executive session unless the person requests the discussion be in
open session. Any motion that comes out of the executive session
will be made in public meeting.
Orien W. VanDyke, 6438 Buffalo, said he would like to second,
the views expressed by Mr. Hood.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Higley invited residents
who wished to address a specific agenda item to speak at this time.
Joan McCay, 3029 Carnegie, said she would like to ask Council
to take the situation of tuition and incentive pay to the
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189
Regular City Council Meeting, November 13, 1989
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residents for a vote. She sug.gested thesei terns be del eted from
the budget and ,put on a<:ball otfor ,a vote.
The Mayor responded that the Council had expressed no interest in
that. Elections are always very expensive, however, if they
express an interest, we will do~hatever Council votes to ,do.
Jim Cole, 3523 Robinhood"questioned the accuracy of the
budget document relative to,the projected year-end figures. Some
of the figures were accurate and some were not.
Donna Sims explained the projected year-end figures were computer
generated and were not always accurate, nor have they been since
the City went on computer., However, theCi ty Counci 1 recei ved a
quarterly financial report that included projected year-end
amounts and these were manually prepared and were accurate.
,
ITEMS TO BE REMOVED FROM TMECONSENTAGENDA: No member of City
u._,_ - - 66u'rlc ff--su"g'ges ted removingaRi tem .from the consent agenda.
CONSENT AGENDA: Motion was made by Counc~lmember Bell, seconded
by Councilmember Jenkins, that the consent agenda be approved in
accordance with staff recommendation~!
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Voting Aye:
, .Voti ng No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
ORDINANCE AMENDING CHAPTER 11 .OErTHE~ODEOFORDINANCES TO PROHIBIT
UNAUTHORIZED PICK-UP OF RECYCLING MATERIALS: Consideration was given
to the second reading of Ordinance Number 1354. Mayor~jgley read
the lcaptton,.asfollows~
:ORDINANCE NUMBER.1354 \
ANORDINANCERELATLNG TO CANS, BOTTLES,
NEWSPAPERS AND OTHER 'ITEMS SUBJECT TO THE CITY'S
RECYCLING ,PROGRAM;' AMENDINGITHE CODE .OF ORDINANCES OF
THE CITY OF WliST'UNIVERSITYPLACE, TEXAS; AND
CONTAINING FINDINGS'AND:,PROVISIONS RELATING TO THE
SUBJECT.
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Copies of Ordinance Number' 1354, in the form required for
adoption, were available,:tban member,s of City Council and a
reasonable number of additional copies available to interested
citizens present. ' , .. .'
Motion was made by Councilmember Redeker, seconded by
':.Colmci lmemb'er' Jenk.j ns,,' that Ord i nance Number 1354, be adopted on
second and final reading as presented.
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Regular City Council Meeting, November 13, 1989
Voting Aye:,
Voting No:
Absent:
Mayor Higley, Counci lmembers Bell ,Jenkins,
Redeker, Wa'tson
None
None
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ORDINANCE ADOPTING THE BUDGET'FOR FISCAL YEAR 1990: Consideration
was given to the second reading of Ordinance Number 1357. Mayor
Higley read the caption, asfo 11 ows:
ORDINANCE NUMBER 1357
AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL
YEAR BEGINNNING JANUARY 1, 1990 'AND ENDING DCEMBER 31,
1990; APPROPRIATING FUNDS FOR SUCH BUDGET; CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance Number 1357, 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.
Mayor Higley called for discussion on the 1990 budget. There was
a suggestion that Council submit the item on police incentive pay
to a local referendum. The Mayor asked for a motion.
Councilmember Jenkins moved'that the proposed police incentive pay
program be submitted to the voters for a local referendum. There
was no second to the motion.
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Mayor Higley i'nvited discussion.
Counci'lmember Bell commented that the. budget is a very complex,
very detailed thing. This City Council worked numerous hours,
item by item, line by line, and the police incentive and college
tuition plan was discussed in great detail. City Council voted on
it and it passed. We are talking $28,000 for a year. There are
29 police officers and it amounts to' $1,000.00 per employee per
year~ It is a perk that could be done away with. However,
Councilmember Bell viewed it' as a way to have happy, well-educated
police officers. If my daughter'were hurt and a police officer
could talk to her and convince her not to do anything bad, I would
spend $1000. City Council is not a bunch of spend thrifts. It is
my money too. Councilmember Bell was in favor of the incentive
pay plan. He would rather Council decide among themselves than to
go through the expense of an election.
Bob Park, 3752 Plumb, questioned why the incentive pay was limited
to the police department.
'Counci lmember'Bell explained. that the pol ice department was the
only department interested.
Mayor Higley explained the program was designed by the police
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Regular City Council Meeting, November 13, 1989
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officers themselves. No one else in the City was interested in
this type ofp.rogram. There. are several dtfferenttypes of
incentive programs in the City. One for safe driving for the
solid waste division. The fire department has their own program
for paramedic and EMT training. The wastewater division and
water division have a program for obtaining education a,ndmoving
through var.ious certifications. This is something the police
requested and they wanted 'it more than any other employee
benefit. An incentive prog~ami~not an incentive .program if it
is not something the employees want. Council did not bring up the
incentive program. It was a.request. It appeared as some thing
to try that .was relattvely low cost to improve the quality of the
department and possibly the quality of the recruits we get and
thei r longevity with the:depa,rtment.
Pat Malone, 2931 Quenby, questionedCouncilmember Bell whether
his company would pay for him to go to college. Why not stipulate
a college course pertaining to police work or a relative subject.
Councilmember Bell responded that his company would pay the
tuition. However, he was in favor of limiting the tU,ition pay to
tuition and not include fees.,
o
Jim Cole, 3523 Robinhood, stated heuwas in favor of further
educating the police, but he wanted to know who was going to be on
the streets. Mr. Col e' s conternwas how many wou 1 d be a 11 owed
to do this at one time and still provide protection to the City.
Chi efGri ffi th responded ,that the, educati.on would betota lly on
the officers' own time.
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Councilmember Jenkins addressedCouncilmember Bell with the
statement that his company may pay tuition but not incentive pay
,to go to college.,
Countilmember Bell responded that City Council is;tryingto keep
the pol ice on the force. Council is, tryi ng to cut down on
turnover and to bette~ educate the police force. Itis a step in
th~right direction.'
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Mayor;Higley explajiled(that:ito be: eligible, the police ()fficer
would havevto haveadeg~ee pJ~n,the must maintain a passing
grade, the course content only has to be toward a degree. But to
move through the steps of gettjng,incentiveqpay the police officer
must do a combination of three things: have police training, so
many years.with the department ,an:dhave passed so many. hours. The
maximum amount of time it, would take i.s,8 years..
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Counci lmember Wats.on commented he thought it .was the incentive pay
in question and not the tuition. The City can not compete with
the market~' If the"0i.tygee'si' into this college program, it is a
way to get people motivated. The City will get a higher quality
of people on the poli.ce force. This type of program is a way to
attract and keep good 'people in the police department.
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Regular City Council Meeting, 'NoVember 13, 1989
Councilmember Redeker commented she viewed the program as a
professional development program'. She did not look at it as an
incentive pay program, but rath~r as a vehicle to get po~ice
off,icers to stay with the police department longer. Anyone who
is working full time isgoing,to have a hard time getting 30
semester hours and that is what it takes to move to the next
level. The police officers would have 'to submit a career path,
and then to progress, he would :have to have done the training and
been with .the force so' long. ' Then the officer would become
eligible for $100 per month. ' As ,to the referendum, Councilmember
Redeker did not agree to .that~Council .has heard a great deal
from the res i dents arid that is good., The City is not goi ng to be
putting 'out a lot of money over all. It is strictly a budget
item. However, CouncilmemberRedek'er questioned if the officers
leave the force in a short period of time, was there a way to
requi,re them to reimburse the"money to the City.
The City Attorney 'responded that ,Council might set up a schedule
of payments in such, a way that they are spread out over time.
Another way would .beto ,have an explic'it agreement that if the
officer leaves the force within a certain period of time, they
would refund the amount advanced or the amount previously
reimbursed.
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Councilmember Redeker. asked' Chief Griffith if that would be
workable.
Chief Griffith thought it was a very workable solution.
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Councilmember Bell asked if some courses could be excluded, where
the City would have to approve the career plan.
Chief Griffith responded that the City Manager had previously
discussed the possibility of limiting the type of degree to
something that would be relative to a law enforcement career and
he was agreeable to that.
Mayor Higley suggested that Council consider an agreement
structured whereby (1) if the police officer who is taking
advantage of the plan left the City within a limited amount of
time, they refund the tuition and (2) and the City Manager and
Police Chief approve the degree plan and assure that the course is
re 1 a ted to a po 1 ice ca reer .' : -' ,
Councilmember Redeker'moved that1City Council adopt the Mayor's
suggestion as an addendum to'the police incentive pay plan.
Councilmember Bell seconded the motion which was adopted by the
following vote:
Voting Aye:
Voting No:
Absent:
Abstaining:
Mayor Higley, Councilmembers Bel,l, Redeker,
Watsonl
None,
None
Councilmember Jenkins
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Regular City Council Meeting, November 13, 1989
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Mayor Higley responded to the suggestion that the incentive pay
plan be submitted to the, voters. It was the sense of Council that
the incentive is a single budget item ,and elections are very
expensive. Cou'ncilstudied the ,budget diligently and had a great
d.eal of input from the restd~ntsand CQu,nGil was not in favor of
the referendum. '
Council~ember Jenkins presented and read the following statement:
o
IIWhen I first looked at the proposed 1990 budg~t, the
number that immediately caught my attention was .the tax
rate. It is 40t/$100. ,Thfs,was-a reductionof,3t/$100 and
effectively held the tax rate to, last year's level. This
certainly was good news to ,me and the other
Councilmembers. However, a close ,look at the budget shows
an increase of $516,000 in the general, fund with $119,000
coming from our unreserved"funds (that's our savings).
Thisadditi ona 1 money represents an i, ncrease of .over 9%
when inflation is running at about 4~5%. These, numbers
tell me that we are not winning the 'battle:. for more
efficiency and that's not good news. In fact this year our
" ~City's general fund passed t.he 6 million mark. As your
representative, let me tell you ho,w:easy it is to spend
your money. Take the,.issue 'of.!the, police incentiv,e pay,
,budgeted at $28,800. Everyone supports the .pol ice , ' .
~, idepartment and wants the very best for its men and women
,including a college education if the desire is there.
;Anyone with a .calculator can ,tell you that ,$28;800 .works
:out to just $5.24 per household. , That won't break anyone.
So it's' . easy for me to . spend my. $5.24 and ask a 1,1 of you to
'thr-ow injust;'$5.24 so..thatour police can:go to:college.
)$0. why ,;alli I opposed 'to the: idea? Well, our city, ch~ rter
:simply states that our polioedepar.tment shall preserve
}, ':order and protect citizens t:romvtolence, and their property
from damage and loss. It is tbat'simple. That is their
mission and no one has yet convinced me that it takes a
non-specific college~degree:to~achieve that missio~.
However~ it does, take sometbing' that a college education
will neveroprovide. It takes.dedication,de~ire, training,
experience and, good:old,common'sense. Some of our finest
" police officers do note have: a college degree and never
" ~;w;ill.:And'I feel.i.t' is. riot- in ,the City'sbusiness;nor in
:the citizensl best interest~to,prov1de'incentive p~y' for
'~obtaining a college degree,~p TiJition"reimbursement, Yes,
college incentive pay, no.1I '
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Councilmember Jenkins offered other comments on the
i ", 'employment retirement program:
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III would like to go on record of 10-year vesting as a
majority of city employees want. But two years ago
our City had 28-year vesting and just last year this
was, reduced to 20-year vesting. Again I want the very
best for our City work force, but I have to weigh that
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Regular City Council Meeting, November 13, 1989'
.against the citizens' best interest. As a businessman
I learned a long ~ime~gothat.there is no free
1 unch. The money I put; i ntoone ,person's hand i-s the
same :money'I took out of someone else's. Under our
current retirement plan., for every dollar the employ.ee
puts toward his retirement, our City contributes
$2.00. I feel that if we grant 10-year vesting, then
let's change the City's' contribution tomatchdollat
for dollar with a savings of $92,400 a year or even a
$1.50 to a dollarw,ith a savings of $46,650 per year.
After all, only about 401 of the cities participating
in the Texas Municipal Reti~ement System have a.2 to 1
contribution rate like West University. The full
impact of tonight's' dects.ion will be felt many years
from now. Removing these.two items from the budget,
:will not bring our spending back to reality, but it
would be a start.: .I am quite' certain that both these
items will remain in the budget and for that reason I
am making a small statement by voting against the
enti re document. II '
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Mayor Higley commented <she appreciated Councilmember Jenkin's
statement about'the things ;'he is against in the budget and she
appreciated the fact that he .stood up for what he bel ieves in.
However, Mayor Hi gl eywanted' to poi nt ,out that Counci 1 .has worked
on this 'budget for two months and this is the first time, that she
had heard CouncilmemberJenkins'feelings that this was a budget
that was grossly out of line. She wanted to point out that at a
time when the county',stax rate.is going up and the school
district's tax rate is going up (and they are on the same
appraised value) that the Cay's tax rate is lower. She hoped
that in the talk of leadership, she appreciated Council working on
this budget for two m6nths,~nd:she hoped that in the future, that
if there 'are concerns'that,they canC0me up as we are working on
them, not two months 1 ater. ,; ,
Counci lmember Bell commented thatCounci 1 has worked many along
hour, long and hard, and Council has discussed everything that was
discussed now every meeting. This'is a budget. Itis not set in
concrete. There are items in here that when they come up to be
purchased, Council still scrutinizes every charge, every' invoice,
every time there is an item,on the agenda, there is always back up
information requesting Council's approval. Th,is Council ,is always
going to be frugal and it'is our money just like it is your money.
Hearing no further comments, Mayor Higley called for a motion.
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Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that Ordinance Number 1357 be adopted on second and final
reading.
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Regular City Co'uncil Meeting, November J3, 1989 ,
c
,Voting Aye:
May.or H,ig.ley,Col.{nci l,mempers, BeJ] , Redeker,
Watson
Councilmember Jenkins
Non~
Voting No:
, Absent:
ORDINANCE LEVYING AD VALOREM TAXES, FOR TAX ,YEAR 1989: Consideration
was given to the second reading of Ordinance Number 1358. Mayor
Higley read the' caption "as fO 11 OWl;: ,
ORQINANCENUMBER1358
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AN ORDINANCE LEVYING AND .ASSES,SIN.G AD ,VA~OREM TAXES ,FOR TAX
YEAR 1989;CONFIRMING:AND GRANUNGEXEMPTIONS;CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance Numb.er.;1~5.8, il1,j;h,e form requiredJor
adoption, were available to al) members of CityCoul')cil ,and a
reasonable number of addi.tional,capie.s available to interested
citizens present. .
Motion was made by Oouncilmember Redeker, seconded by
Counci lmember Watson, .t,hat. Ordinance Number 13513 be adopted on
second and final reading as presented.
D
;\lot ing Aye:
MayorJ:ligley, Councilmembers Bell, Jenkins,
Redeker., '.,Wa tSQO '
None... ': ;)
None!, VI Ci
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Voting No::
,Absent:. ,
RESOLUTION, FOR '. BOARD 0 f,;~ Dr RECTo. RS". HAR R IS'.' COUNTYAP PRAI SAL ',t> I STR I CT :
Consi deflation,wasgivenito ;ResQ lu'bonNUml:>er..89-31, as to II ows:
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RESOLUTION NUMBER 89-31
A RESOLUHON o.F IHErCITYi COU~C:IL OF,THE! CITY OF ~EST
UNIVERSITYJ PLACE~ .TEXAS CASTING:, ITS..eAL~01 fOR THE ELECTION
OF,A PERSo.N'To. 'THEBo.ARD OFrI).lRECTORS~OF:.,THE ,HARRis ,~OUNTY
APPRAISAL DISTRICT. ,
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WHEREAS~sthe Ch:iefAppraiser o.f the Harri,s County !
Appraisal District" Harris County, Texas,; has delivered to
the Mayor of this cityaH:>allgtcpntaining.thenames of
those: persons dul y. nominated., as carl!:Itd,a te,~ toserve,...i rl that
po's;i.tion, on 'the, Board, of Dire,ctof;s; of the Harni~ .C()lJnty:
Appraisal District representing and to be .fHled, by thp.se
cities and towns, other than the City of, Houston,
participating in said ptst,ri.c;t; and,
WHEREAS, thi s City deems it appropriate a'nd in the-
public interest to cast its vote for the -candidate of its
choice to fill such position. NOW, THEREFORE,.
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Regular City Council Meeting, November 13" 1989
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ,OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. The facts and recitations set forth in
the preamble of this Resolution be, and they are hereby,
adopted, ra ti fi ed, and confi rmed',..
Section 2. That :the City of West University Place,
casts lts vote, and it does hereby cast its vote, for Lee
Tipton to fill the position on the Board of Directors of
the Harris County Appraisal District representing and to be
filled by those incorporated cities and towns, other than
the City.of,Houston, 'participating in said District.
Section 3. That the Mayor be, and she is hereby,
authorized and directedito deliver or cause to be deliver.ed
an executed or certi fi ed copy of thi s Reso 1 uti on to the,
Chief Appraiser of the Harris County Appraisal District on
or before November 15, 1989.
Section 4. All resolutions and parts of resolutions
i nconfl;i ctherewi th are hereby repealed to the extent of
the conflict only. . ,
Section 5. If any word,.phrase, clause, sente~ce,
paragraph, 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~uchword; 'phrase, clause; sentence,
paragraph, sectionor'other part of this resolution'to any
other persons or circumstances shall not be affected
thereby.
Section 6. The!City Council 'officially finds,,'
determines and declares that'.a,suffiG:ient written:notice"of
the date~ hour,'place andsubject;of;each'meeting-at which
this resolution was discussed, considered or acted, upen ,was
given in the manner required by the Open Meetings Law,
TEX. REV. CIV. STAT. ANN. art. 6252;.lT, as amended,
and that each such meeting has b~en 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 .13th day of
November , 1989.
Voting Aye:
Voting No:"
Absent:
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Regular City Co'uncil Meeting, November 13, 1989
..
197
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ATTEST:
, ;Si gned:
Laura G. Higley, Mayor
Audrey Nichols
City Secretary
Approved as to Form: !
(SEAL)
James L. Dougherty, Jr.
Ci ty.Attorney.
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Motion was made by Councilmember Bell, seconded by Councilmember
Redeker ,that Resolution NUlllbe'r 89-31 be adopted as, 'presented.
i , Voting Aye:
..),\ "',,'
Voting No:
Absent:
Mayor Higley ,Counci lmembers Bell , Jenkins,
Redeker, Watson
None
None
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PROCLAMATION FOR NATIONAL BIBLE,WEEK: Mayor Higley proclaimed the
week of November 17 to 26, 1989, as:)National,.;BibleWeek.
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Motion was made by Councilmember Bell, seconded byCouncilmember
Watson, that the Proclamation be approved. as presented.
Voting Aye:
Voting No:
Absent:
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Mayor,;Higley;;,CouncHmembers ~ell, JE!nkins,
Redeker, Watson
None'! " r ,t
None
PUBLIC AUCTION: Consideration was given to authorize advertising
for a publ icauction'to be;<heldin 1990.
Motion was made by Councilmember Bell, seconded by Councilmember
Jenkins, that City Council authorize advertising items for public
auction BS requested.
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1-: ..~Voting Aye,:
Voting No:
Ab'sent:
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Mayor: Hi g.J ey, 'Counci lmelllbers Bell, Jenkins,
Redeker" Watson i
None
',None.:
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REPAIRS TO WATER WELL #8: Consideration'. was given to the invoice in
the amount of ~0.53 submitted by Layne-Texas for emergency
:repair's to Water Wen '#8.' It wa:sdetermined that the motor was
struck by lightning. The Jnsurance deductible for the claim will
be $2,500 leaving a balance of $7,060.53 to be remitted to the
City by thei nsurance caY'ri er for' :reimbursement.
Motion was ma'de by Councilmember Bell, seconded by Councilmember
Jenkins, that the invoice in the amount of $9,560.53 submitted by
Layne-Texas be approved for payment.
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198
Regular City Council Meeting, November 13, 1989
Voting Aye:
Voting No:
Abs'ent:
Mayor' ,Hi gl ey, Counci lmembers Bell, Jenki ns,
Redeker, Watson
None
,None., ,j
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WAKEFOREST WATER PLANT BOOSTER PUMP REPLACEMENT AND INSTALLATION OF
INSTRUMENTATION: Co'ns'.ideration;was given to the following submitted
by Long & Son, Inc., for work performed on construction 'of the
booster pump replacement and installation of instrumentation for
the Wakeforest Water Plant:
I ;.
(a) Monthly Estimate No.5 in the amount of $14,027.77 for
work performed through September 30, 1989; and
(b) Change Order No. 3 for extension of time.
Moti on was made by Coun'ci lmember Bell, seconded by Counci lmember
Jenkins, that Monthly Estimate~0~5 and Change Order No.3 be
approved as submitted.
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Voting Aye: Mayor Higley, Councilmembers
" L Redeker,:Watson
Voting No~;." None
Absent: None
Bell, Jenkins,
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LEGAL SERVICES: 'Consiiderati:on'wasgiven itothe invoice in the
amount of $3,676.10 for regular legal services rendered in the
city.s behalf forthe.month;of::October 1989. ".>
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Motion was made by Councilmember Bell, seconded by Councilmember
Jenkins, that the invoice for legal services for the month of
October 1989 be approved for payment.
, .
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None .
None.
'Voting No:
Absent: :
ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration
was, given to the' invoices tota,ling $53,955~92 -submitted by
Langford Engineering Inc., 'for:the following:
(a) Invoice No. 5971 in the amount of $7,883.79 for Phase 3,
Priority Area 1, Sanitary Sewer, West University First
Subdivision;, ,
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(b) Invoice No. 5972 i.n; the amount of $200.85 for,Study to
Fully Automa.te Wakeforest Water Plant; and
(c)Invoi~e No~ 5973 in:the amount of $45,871.28 for
Priority Area 3, Sanitary Sewer renovation.
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Regular City Council Meeting', November 13, 1989
[
Motion was made by Councilinember Bell ,seconded by Counci lmember
Jenkins, that:the invoices submitted, by Langf,o,rd Engineering Inc.,
be approved for payment as 1 isted.
Voting Aye:
Vot,i ngNo:
Absent:
Mayor Higley"Councilmembers Bell, Jenkins,
Redeker, Watson
None'
None ~',!:
CITY COUNCIL MEETING MINUTES: Consideration was given to the
minutes of theCi tyCounci 1 meetings, as follows:
(a ):
(b)
(c)
,C:i ty,CounctiT W~r'k!s'hopSes$i on, October 19, 1989;
......,r
City Council Regular Session, October 23, 1989; and
.Ctty Council :Spec:ial -Sesstonand Pub 1 i cHeari ng, October
30, 1989.
Motion was made by Cou:ncilmemberBell, seconded by Councilmember
Watson,:thatthe, mi nutesbe"approvedas submitted.
o
Voting Aye:
Voting No:
Absent: :
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker,~' Watson. "
None
None '
COUNCJ:L "COMMENTS:," .Cou-ncirlmember 'Watson expressed '(his appreciati on
forthe'citizens' inter-est in the budget.:: Howeven,;:he'iWished it
had commenced in the begi nni ng. Those budget !Workshops were
advertised. Council simply did not know what the citizens'
feelings were. Councilmember Watson thought the budg~t was a good
budget and he hoped the citizens would wait to see how it works
before they rejected it.
Councilmember Jenkins commented he did have reservations all
through the budget workshops on the police department incentive
pay and 10-year vesting.
Mayor Higley reported she received three Jetters from aresident,
Bob Bearce, who would not be able to live by himself,if it were
not for the senior services. His letters praised Joan Eccles, Nan
Merchant and Mary Migliore for their dedication and the untiring
help they were to him. Mr. Bearce's letters congratulated
senior services for their devotion to senior citizens who would be
in a home or hospital without the efforts of senior services.
Mayor Higley congratulated Officers Unger and Toma and
Corporal Brye and Sergeant Detective Gilbert who worked above
and beyond the call of duty and got money returned to one of the
City.s elderly citizens who had been gypped out of her money by
two con artists. They contacted relatives and worked through many
avenues to complete arrests and get the money returned.
'"71.
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200
Regular City Council Meeting, November 13, 1989
,STAFF REPORT: City Manage,r, Richard Rockenbaugh reported the City
received: a letter' from the PTA concerniing the drop-off zone at
the elementary school. Staff did, manage to get a proposal to the
PTA president, Bob Kelly, and according to Mr. Kelly, the
propdsa 1, will getsome'acti on. ,from' the PTA.
Mr. Rockenbaugh also reported a letter was written to the railroad
concerning the easement problem behind Community Drive. Staff is
expecting a response.
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The JMH store is in, the; process -o.f bei ngdemo 1 i shed,.
Mr. ,Rockenbaugh i nvi ted Fi re J~h:i ef Terry Stevenson to introduce
the special staff report.
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Chief Stevenson introduced Captain Steve Salyer, the Fire
Depa rtli1ent 's newes't offi cer .arid ~ EMS CO.ord i nator.
Captain Salyer reported on the EMS structure and its functions
concerning basic life support and _advance life support. He
outl i nedthe 'tra,i ni ng and educati ona 1 requ,i rements ,of the EMS
program.
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Mayor Higley thanked Captain Salyer for his info'rmative report.
ADJOURNMENT: With no further business,to come before Council at
this time, motion was made by Councilmember Bell, seconded by
Councilmember Jenkins, that the meeting adjourn to return to
~orkshopsession. Such motion carried ,and the meeting was
adjourned at 8:55 p.m.
u
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a .?k#.
AUdre~bls " '
City Secretary
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CITY COUNCIL WORKSHOP ~ESSION
MONDAY,. NOVEMBER ;13, 1989 ;
, MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:00 P.M.
City Council convened in workshop .session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, November 13, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins and Redeker.
Councilmember Watson arriv.ed at 7:07 p.m. Also present were the City
Manager, City Secretary, the Director of Operations and the
Superintendent of Utilities.
HEARING OF RESIDENTS:
There were none present who wished to speak.
DISCUSS AND CONSIDER LANDFILL PLAN AND RECOMMENDATION FROM LANDFILL
ENGINEERING FIRM:
o
Director of Operations, Curtis Cooper, presented information
obtained through HDR Techserve, a landfill engineering firm.
The information was prepared to help evaluate the economic impact
of the new EPA regulations, S~btitle D. It is anticipated that
the new regulations will become effective in March 1990. The City
will be required to make a decision within 18 months from that
time whether to continue using the landfill for disposal of refuse
or to close the landfill 1. , Mr. Cooper reported that if the City
continues to operate ,the landfill. 18 months after the new rules
become effective, the City must (a) install 5 or 6 water
monitoring wells along Keegan's Bayou and monitor the wells for
30 years after the landfill is closed; (b) install both a methane
(gas) collection system and a leach (water) collection system
through the. trench areas.. ,The 1 each co 11 ect,i on sys tern wi 11
involve, a small treatment plant to purify. the water before it can
be discharged into Keegan's Bayou. These. perimeters are a
direct result of the new regulations proposed;and would cost
between $1,500;000 and $2,500,000. The following cost estimates
were discussed.
'. PERIMETERS.
Liners Costs
Dirt Costs
Methane-Leach Collection
Water Wells
. Monitorihg~30 years
MINIMUM
'$2,212,UUU
$4:;416,295
$1,500,000
$ 20,000
$ 450,000
$8,686.295
MAXIMUM
:j) ::S,4tltl,UUU
$ 4,416,295
$ 2,500,000
$ 20,000
$ 6,300,000
$16,724,295
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206
City Council Workshop Session, November 13, 1989
If we take the life exp~ctartcy of the remalnlng 15 acres (12
years) and divide :j,t into $8,.686,295, the burying cost per year
would be $723,859 alohe~ ' Pr~s'ent;;.burying costs using today.s '-..J
regulations are approximately $15,000. These figures do not
involve collection of .tr.ash or transporting to the landfill or any
personnel or machinery expenses incurred at the landfill.
. .
If the landfill is closed within 18 months after the new
regulations become effective, the City would be required to
monitor the landfill for 5 years ~fter closure. At the present
time, it is staff's recommendation to pursue gathering as many
alternatives as possible and to report back to Council at another
time.
After discussion it was the consensus of Council that staff spend
time with refuse collection companies to see what the City's
alternatives might be and to discuss with Bellaire and
Southside Place the possibility of a joint effort and
to also discuss the same with Houston.
Mayor Higley recessed the workshop session at 7:27 p.m. to convene
in regular session.
Mayor Higley reconvened the workshop session at 9:00 p.m. with the
following present: Mayor Higley,Councilmembers Bell, Jenkins,
Redeker and Watson. Staff members present were the City Manager,
City Secretary, Director of Operations and the Superintendent of
Utilities.
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DISCUSS AND CONSIDER AUTHORIZING ENGINEERING SERVICES FOR
PREPARATION OF PLANS AND SPECIFICATIONS FOR WATER LINE RENOVATION,
PRIORITY AREA 2B:
Superintendent of Utilities, Bob Simpson, explained that Priority
Area 2B contains that portion of the City from Kirby Drive to
Wakeforest and from Bissonnet to; University Boulevard. It is the
next area to consider to renovate using the 1986 bond issue
money. The project would replace the 2-inchwater lines with
4-inch lines which will result in the improvement of available
water pressure not only for domestic use but also for fire
fighting capacity. Total estimated project cost is $538,379.
Motion was made by Councilmember Watson, seconded by Councilmember
Jenkins, that City Council authorize Langford Engineering Inc. to
prepare plans and specifications for the water line renovation
project in Priority Area 2B.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
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City Council Workshop'! Session, November 13, 1989
o
DISCUSS AND CONSIDER ~UTHORIZING ENGINEERING SERVICES FOR PREPARATION
OF PLANT AND SPECIFICATIONS FOR WATER DISTRIBUTION tINES ON WEST SIDE
OF CITY:
(a) 1211 line on Milton 'to Community; and
(b) two 811lineli (i) on West Point an'd (ii) on Academy.
o
Mr. Simpson reported that the City has had major problems with the
8-inch lines on Academy and West Point and the maintenance of
these lines has become extremely expensive. He recommended these
lines be replace~ and a 12-inch water line from the Milton Water
Plant to Community Drive be constructed. The 12-inch line is
required to improve the City's ability to deliver water to the
western half of ~he City. Mr. Simpson suggested the authorization
for plans and specifications for construction of these lines be
included as one engineering project along with the water lines in
Pri or-i ty Area 2B!.
Estimated projec~ costs are as follows:
1211 water line Miilton Plant to Community
811 water line o~ Academy from Bissonnet to
811 water line on West Point from Bissonnet
to Be 11 a i re '
Pri ori ty Area 28
$ 115,764
Be 11 a i re $ 186,912
$ 174,240
$ 538,379
$1,015,295
Total estimated project cost
Motion was made py Councilmember Redeker, seconded by
Councilmember Je~kins, that City Council authorize Langford
Engineering Inc.i to prepare the plans and specifications of the
12-inch water line from the Milton Plant to Community and the
8-i nch wa~er 1 i n:e on Academy and West Poi nt as requested.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
Voting No:
Absent:
ADJOURNMENT:
With no further ~usiness to come before Council at this time,
motion was made !by Councilmember Bell, seconded by Councilmember
Redeker, that tHe workshop session adjourn. Such motion carried
and the meeting iwas adjourned at 9:25 p.m.
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City Council Workshop Session, November 13, 1989 i
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Audre Ni ols .
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SPECIAL CITY COUNCIL MEETING
SATURDAY, .NOVEMBER:18, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
8:30 A.M.
City Council convened in specialsession.in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Saturday, November 18, 1989~with:the following members present: Mayor
Hi gl ey, presiding; Counci 1 members Be 11., Jenkins, Redeker and Watson.
Also present was the City Manager . '
Mayor Higley recessed the special session to go into a closed
executive session as authorized by the Open Meetings Act, TEX.
REV. CIV. STAT. ANN., as amended, . ArtiCle 6252-17 , Section2(g):
Personnel Matters Relating to City Manager.
At the conclusion of the closed session, Mayor Higley reconvened
the special meeting in open session.
o
It was the consensus of Counci.l to rformulate a joint statement for
the public and to review policies and procedures for expense
accounting.
Motion was made by Councilrriember,Watson, seconded byCouncilmember
Bell, that Council work with staff to revise the policies and
procedures for expense accounting to provide for greater and more
prompt accountability;and that;the Mayor and City Council consider
issuing a statement responding to the recent articles in the
Vi 11 ageLi fe.
Voting Aye:
Voting No:
Absent: .
Mayor Higley, Councilmember Bell, Jenkins,
Redeker, Watson
None
None
ADJOURNMENT:
With no further business to come before Council at this time,
Mayor Higley declared the.spetiaJsess:ion adjourned-at 10:30 a.m.
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Laura C. Higley
Mayor
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A~drey N~OlS .. . .. ......
Clty Secretary
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REGULAR CITY COUNCIL ~EETING
MONDAY,' NOVEMBER 27, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
]
City Council convened in regular ,session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, November 27, 1989, wi th,' the:fo,ll owing members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson.
Also present were the City Manager.,City Secretary, City Attorney,
Director of Administration and the Director of Operations. Council-
member Bell delivered the invocation and led the Allegiance to the Flag.
INTRODUCTION OF NEW PERSONNEL:
Alice Elsby, Manager of Colonial Park, introduced Randy
Vanderhieden, new Assistant Manager of Colonial Park.
Curtis Cooper, Director of Operations, introduced Sharon
Reusser, Assistant Senior Services Coordinator.
HEARING OF RESIDENTS: Mayor Higley invited residents to speak who
had matters they wished to bring to the attention of the City
Council which had not :previouslybeen submitted to the City
Manager.
Charles Gillan, 3620 Gerogetown, addressed Council concerning
news media publicity. Mr. Gillan stated that recent news
articles may not be completely accurate. He did not think there
should be any reflections on the city's finance department. Mr.
Gillan thought the city should provide free access of
information to all.
~]
Linda Brannen, Co-Chairman of the Recycling Committee,
distributed minutes from the last two committee meetings and
reported on the progress and continuing efforts to increase
recycling.
Ms. Brannen requested City Council to consider authorizing the
city's participation on April 22, 1990, an IIEarth Dayll
celebration. The cost to the city would be $500. Ms. Brannen
also requested that 10% of the revenue from recycling be set aside
for the Recycling Committee's use. She asked Council to consider
authorizing yard signs for members of the committee to place in
their yards on recycling day. Ms. Brannen asked what determined
to whom the city sold its recycling material. . The committee would
like to look into contractors to be sure "the city is getting the ,r--l
best price. Ms. Brannen commented that a plastics recycling
container was located on Milton Street. She was not aware the L-J
city was recycling plastics.
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Regular City Council Meeting, November 27, 1989
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Director nf Operatinns, Curtis C60pe~, explained that a contractor
was will ing to place a contai.ner for plastics for the city's use
on an experim~ntaJ basTs, but the city was not collecting plastics
curbside.
Ms. Brannen reported that the committee would like to hold a
town hall meeting during the week of January 8 - 12 for the
purpose of educating residents to the recycl ing program. She
would report back to Council on the exact date.
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" Mayor Hi gl ey thanked Ms. Brannen for her report and advised that
Council would consider her requests at a future meeting.
Michol O'Connor, 6119 Lake, reported on the Long Range
Recycling Committee activities. This committee is the one
involving children through elementary school projects. Programs
have been designed to involve the children and a representative
from each class room has been named to participate on the
committee.
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Mayor Higley expressed her appreciation to Judge O'Connor for
the work she is doing with the children.
CITlZENSRESPONSE TO .AGENDA. ITEMS: ;.Mayor 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. i i
ITEMS TO BE REMOVED FROM;THE CONSENT AGENDA:, :CouncHmember Jenkins
requested item No.8, Sanitary Sewer Priority Area 1 Phase 3,
and item no~ 10, Authorization~to-AdVertise forBids, be .removed
from the consent agenda.
CONSENT AGENDA:, Motion, was made by Counai lmember Jenkins, seconded
by CouncilniemberBell;that~ with',the exception of items No.8 and
10, the' ctmsentagenda,be apprbved:.in accordance with staff
recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Counci lmembers Bell, Jenki ns,
Redeker" Watson
None ) ii
None
ORDINANCE'RELATING TO THE, TEXAS. MUNICIPAL RETIREMENT! SYSTEM:
Gohsideratlon Was glVen totne tl rstreadln90T unll nance Number
1359. Mayor Hi gley:pres-ented the ord'i,nanceand,read the capti on,
as follows:
o
ORDINANCE NUMBER 1359
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT
GOVERNING THE TEXAS MUNICIPALRETIREMENT:5YSIEM,".UPDATED
iSERVICE CREDITSII IN SAID SYSTEM FOR SERVICE PERFORMED BY
QUALIFYING MEMBERS OF. SUCH SYSTEM WHO PRESENTLY ARE IN THE
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Regular City Council Meeting, November 27, 1989
EMPLOYMENT OF THE CITY OF WEST UNIVERSITY PLACE; AND
AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS
MUNICIPAL RETIREMENT SYSTEM; ,GRANTING THE ,ADDITIONAL.
RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 62.105
AND 64.202 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS,
1925; AS AMENDED BY ,THE 70TH LEGISLATURE; CONTAINING
FINDINGS AND PROVISIONS;RELATING TO THE SUBJECT; AND
P.RESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE.
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Copies of Ordinance Number 1359, 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 Bell, seconded by Counci.lmember
Redeker, that Ordinance ,Number 1359 be accepted on first ,reading
a.s presented.
Voting Aye:
Voting No:
Absent:
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Mayor Higley, Councilmembers Bell, Redeker,
Watson
Councilmember Jenkins
None
ORDINANCE RELATING TO MEDICAL AND DENTAL BENEFITS: Consideration
was given to Ordinance Number .1360. Mayor Higley presented the
ordinance and read the caption, as follows:
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ORDINANCE NUMBER 1360
AN ORDINANCE RELATING TO MEDLCAL AND,DE~TAL BENEFITS;
AMENDING THE CITY.S PERSONNEL POLICIES AND PROCEDURES.,
MANUAL;'AND CONTAINING FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT.
Copies of Ordinance Number 1360, 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 Redeker, seconded by
Councilmember Bell, that Ordinance No. 1360 be accepted on first
reading as presented.
Mayor Higley invited discussion. Councilmember Jenkins suggested
that act,io'ti on.this ordin'ancebe d.e~ayed until Council is prepared
to di scuss all the medi ca 1 arid dental benefi ts and study the
entire employee benefit plan..at'one ,time.
Motion was made by Councilmember Jenkins to table this ordinance
to workshop.
City Manager, Richard Rockenbaugh, explained that staff was trying
to cut down on the city's potential risk. ,The prior policy was to
pay health premiums for retired employees to age 65. However,
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Regular City Co~ncil Meeting, November 27, 1989
[]
with 10-year vesting,. the potential for an employee to retire at a
much younger age would create .an excessive l,iability to the city.
, The reason the ordinance was on the agenda tonight was to have an
effective date of January 1, 1990.
Director of Finance, Donna Sims, responded that there is available
;; for employees health benefits for .18 months .after retirement
through the Consolidated Omnibus Reconciliation Act of 1985
.(COBRA) and dependents for three years.
Councilmember Redeker asked if the family af an employee was
covered under the medical.
MS~i Sims responded they Were ,but. at the. emp,l oyee' s expense. The
emp 1 oyees reimburse the ci ty fO.r the, premiullJs.
Mayor Higley called fora second to the motion to table the
ordinance.. Hearing no second Mayor. Higley called for a vote on
the main moti.on to' accept.Ordinanc'e Number 1360 an first reading.
Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins,
. Redeker, Wa,tson
Voting No: None
Absent: None
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SANITARY SEWER PRIORITY AREA 1 PHASE 3: Consideration was given to
the following in connection with the construction contract far
renovation to the sanitary sewer lines in Priority Area 1, Phase 3:
Approval of;.-Monthly Estimate: No., 9 and FINAL in the
,amount of $164,080.27 submitted by Whitelak Inc., far
work performed,through November 2, 1989;
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.Approval of Change Order No. 1 and FINAL for an
,addj t i ona 1, $63,509.,52' st;Jbmi tted by Wh i te 1 a k . I nc; and
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Authorization to issue,Certificate of Acceptance of the
project.
Motion was made by Councilmembeu'Redeker, seconded by Council-
member Jenkins, that City Council approve ~onthlyEstimate No.9
and FINAL in the amount of $164,080.27, approve change order No. 1
and FINAL for an additional $63,509.52 and authorize the issuance
of, the Certi fi cate. of Accep.tance'i!to the cont.ractor.
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Councilmember Jenkins questioned the original estimates for the
bid and the actuaTlinear feet tha~was run for the: sewer lines.
One item, No., 29,,)\10oked, unu'sual-. Also the project.was completed
on November 2 and , there was.a change order dated November 3rd.
r
Superintendent of Utilities, Bo.b, S.imps,on,.explained that Item No.
29 had to do. with linear footages from the main service line at
its existing depth to the property line which created a $54,834.00
overrun. Upon his request the contractar submitted verification
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Regular City Council Meeti,ng, November 27, 1989
of those lengths andlocation's. I also ,did further check.ing by I
taking the original quantities and reviewing the lias bui:ltll I
drawings as well as reviewed the quantities subm,itted to :him for --.J
my verification. BasicallY there was an addition of property on
Brompton Road and there were some calculations done by the
engineer who made an estimate from what he assumes to be,a
straight 'line. However,'in ac~tuality,when the horizontal piece of
pipe ii installed in the ground the slope was not accounted for.
The original quantities are the engineer's best estimates.
Overall, when the contract is completed, the engineer does a final
recapitulation of the entire job. There are quantities of
additional items that may be necessary,.. These are put in the bid
documents so that unit quantities are included and there are funds
ava i lab 1 e if the nee'd o'ccurs. '. There i.sno change in the . bid
price. The contractor is doing 'the job as he bid, but the
quantity may change. At the end of the contract, when the
recapitul'ation is c0n1plete.' the over,runs' and underrunson items
are accounted for.. These quantities, are .checked on every monthly
estimate as they are' submitted and against the final estimate when
it is submitted.
Hearing no further questions, Mayor Higley called for a vote on
the motion.
Voting Aye:
Voting No: .
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker,' Watson
None'
None
=
MASTER PARK PLAN: Consideration was given to Monthly Estimate No. 6
in the amount of $1,500~00 submitted by Tapley/Lunow
Architects for professional services for the month of October 1989
in connection with the master park plan.
Motion was made by Councilmember Jenkins, seconded by Council-
member Bell, that the invoice in the amount of $1,500.00 submitted
by Tapley/Lunow be approved'for:payment.
Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson,
Voting No:~Nbne:',
Absent: ' . \, None
AUTHORIZATION'TO.ADVERTISE fOR BIDS:~i.Consideration was given to
authorize advertising for bids for the following projects:
(a) Installation of ' an In-Tank Monitoring System for Leak
Detection and Spill/overspill~Prevention in existing
underground storage tanks on MiltonJStreet; and i .
(b) Construction of Sanitary Sewer Renovation Project, Phase 3.
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Regular Cjty Council Meeting, November 27, 1989
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Motion was made by Councilmember Redeker, seconded by
Councilmember Jenkins, that City Counc.i.l authorize adverti sing for
the projects asl isted. .
Mayor Higley invited discussion.
Councilmember Jenkins questioned if the city had any options on
the monitoring system.
Mr. Rockenbaugh explained that new EnvironmentalProtedion Agency
(EPA) regul a:tions requi re the 1 eak detection system. The ci ty' s
consultant firm recommended the Spill/Overspill Protection be
completed at the same time as the monitoring system so that the
;concrete around the .tankswould 'be broken up only one time. The
city could wait until 1998 to accomplish the cathodic rust
protection requirements. . The tanks were tested and determined to
be clean. The monitoring system is scheduled to be done before
December 22, 1989. Thepoption the City has is to prepare the
sped fi cati on, adverti se for bids and begi n constructi on. in
January 1990. It was the Ci,ty Manager's understanding that the
monitoring system must,bein place.
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Councilmember Bell asked if the City had the tanks tested. Mr.
Rockenbaugh responded that the, ,tanks were tested and they are
clean and registered. There was no problem. The City has money
budgeted in the 1990 budget to do this work.
Councilmember Bell stated that if ,the tanks were registered and
tested ':,01 ean, then ,the Gi ty ;doesnQt"have;,a prob,l em wi,th the
December '22 ,1989 EPk .deadl'i nefor,comp leti on. Counc i 1 member
Bell sliggested,postponing,~he: proj~ctbut agreed itwoul d be
advantageous to get the project bi.d. '
CouncilmemberJenkins asked aboyt the'corrosjon prqtection and
what was involved with the installation.
:Mr. ,Rockenbaugh expla~lned that ,corrosion protection was simply a
device installed, in the tanks.:;,
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Hearing no futi'ther..!questions, MaYQr';Higley~aJled:'for a ,vote on
the motion ,to authorize to advertising,forbids.
Voting Aye:
Voting No:;
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, . Watson
None
None
CITY COUNCIL MEETING MLNUTES:Consideration was given to the
minutes of City Council meetings, as follows:
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(a) City Counci 1 Workshop Session, November 9, 1989; and
(b) City Council, Regular Session, November 13, 1989.
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Regular City Council Meeting, November 27, 1989
Motion was made' by Councilmember Bell, seconded by Councilmember
Jenkins, that the minutes be approved as submitted.
J
Voting Aye:
Voting No:
Absent:
Mayor Higley,Councilmembers Bell, Jenkins,
Redeker, Watson ;
None
.None
COUNCIL COMMENTS: Mayor Higley reported she talked to the PTA
President, Bob Kelly; concerning the placing of the new school
and he informed her that he was in ;very positive negotiations to
solve the' problem. Also, the drop-off zone at the elementary
school met with 'a favorable response and the PTA is looking to
one of the churches to use'thei.r parking lot for teacher parking.
STAFF REPORT: City Manager, Richard Rockenbaugh, that the West
University Place Parks and Recreation Department, Curtis Cooper,
Di'rector, , was awarded Honorable Mention for its program IISwim to
the Presidencyll. The commendation was awarded on the basis of the
program1s :creativity in-conception, its successful execution, and
and its potential use as a model by other park and recreation
agencies across the country.
Mr. Rockenbaugh distributed a letter that, as requested by
Council ,was written.'teRandall1sasking'for their assistance in
beautifying the area of the Montclair Center along Academy . I
Street. Mr. Rockenbaugh also advised that notification was
received that Lee Tipton, the City.s nominee for the HCAD
Board of Directors, was elected to serve in that capacity. The
City received a response from Southwestern Bell Telephone agreeing
to adjust the li~hts on:~heir 'parking lot and to pl~nttrees along
the peri phery of that lot...
Mr. Rockenbaugh distributed a report from the Long Range Planning
Committee.
Mr. Rockenbaugh advised that the fourth Monday in December fell on
Christmas Day and asked for Council to consider rescheduling the
second regular meeting for the month. After discussion, it was
agreed to consider December 18th as a possible meeting date, but
to place the question on.the agenda for the December 11 regular
session for action.
Mr. Rockenbaugh reported on resurfacing of Weslayan. Staff was in
the process of submitting a list of all streets to be considered
as a part of the county's resurfacing program. The difference is
in the way the precinct operates under Commissloner Radack. The
county'will-furnish ,the, equipment and crew and the city will
furnish the materials. After discussion, Council agreed to place
Weslayan paving on a workshop agenda.
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217
Regular City Council Meeting, November 27, 1989
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ADJOURNMENT: With no further business to come before Council at this
time, motion was made byCouncilmember Redeker, seconded by
Council member Jenkins',::that the meeting adjoUf;-rl. Such motion
carried and the meetin9was adjourned at 8:30'p.m.
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(il--t . . ~.
Audrey NiC~S . .. .
City Secretary
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218
. CITY COUNCIL ~ORKSHOP SESSION
MONDAY,' DECEMBER 11, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
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City Council conveneq in workshop session in the Municipal Building,
3800 University Boulevard, in the City of West University Place, on
Monday, December 11, 1989, wi th the fo 11 owi ng members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins and Redeker.
Councilmember Watson arrived at 7:03 p.m. Also present were the City
Manager, City Secretary, City Attorney, Director of Administration, the
Director of Operations and the Chief Building Inspector.
DISCUSS AND CONSIDER BUILDING FOUNDATION REGULATIONS:
Mayor Higley invited Larry Stadler to address Council. Mr.
Stadler explained he was the President of Sun Coast Tension
Corporation, and was concerned over the language in Ordinance No.
1356 regulating the construction of post tension -slabs. Mr.
Stadler felt that some of the findings expressed in the preamble
of the ordinance were not fairly stated.
Wayne Perry, Chief Building Inspector, advised City Council that
the city had experienced several problems with the construction of
post tension slabs. In 1985 the City began requiring soil tests
before approving construction plans specifying post tension
slabs. Even with the precautionary soil testing, the problems of
poor stability of post tension slabs continued. Mr. Perry cited
several houses with post tension slabs less than two years old
that had to be leveled and piers installed. Some builders may be
building in other areas on different types of soil with more
success than what occurs in the City. The City has had a few
problems with pier and beam construction, but approximately 90% of
the slab problems occur with the post tension ones. Ordinance
Number 1356 does not prohibit post tension slabs but specifies
regulations on the construction.
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Mr. Stadler stated he agreed with the provisions of the
ordinance and concurred with Council's intent. He thought the
restrictions would help keep up property values. He did think
Council needed a standard for post tension slabs with
supervision. .
Mayor Higley agreed with Mr. Stadler, but it is the City's
inability to supervise that led Council to consider the
ordinance. The City does not have enough staff to properly
supervise construction of post tension slabs. Mayor Higley
asked if it were the IIwhereasll clauses in the preamble that Mr.
Stadler objected.
Mr. Stadler admitted that was the case, but he also objected to
the requirement that an engineer certify that the slab was
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City Council Workshop Session, December 11,1989
D
carefully and correctly tension in the presence of, and under
the directionandcontrol of, a registeredprof~ssional engineer.
Mr. Stadler stated he did' not obJect to the'technfcaf
requirements of the ordinance.
CouncilmemberWatsoncame i.n, ,at' this point, at 7:03 p.m.
Mayor Higley thanked ,Mr.. Stadler for his comments. ,The Mayor
recommended staff review the statements in the IIwhereasll clauses
and the requirement for the e,ngineer's affidavit for Council to
consider easing the 1 anguage. City Council generally concurred
with 'the Mayor's recommendaUon.. :
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The City Attorney introduced a draft of an ordinance adopting
standard. plumbing andgasicodes'with amendments. Wayne Perry
expla.ined that most of the changes wer.e brought forward from what
the City has had in ordinances.in the past... With the value of the
houses constructed today, 'staff was 'inter.e.sted in providing the
~est standards. The most significant change in the plumbing code
is the elimination of plastic pipe for all water pressure lines.
It does not eliminate the use of plastic pipes after, the.water has
gonepa'st the back flow val ve:~Ji .; 0 '.: I
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In ,the. gas code theionly,ma:jor.changeJ:Js itorequir,e a walkway and
work area in front of a water heater.
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Councilmember Bell asked what,was:the difference in the cost from
plastic pipe to galvanized. Mr. Perry expla.i:ned that it was
approximately the same except that the cost of copper pipe had
gone up recently.
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Curtis Cooper di stributedi information.to'compare ~one ,method of
solid waste management based on what the City is. doing now. The
information was not meant, as a recommendation but as a comparison
of different options.
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220
City Council Workshop' Session, ,De'cember 11, 1989
Richard Rockenbaugh auvised ,that if Council wished the City could
get another extension from the State to give Council additional
time. From the information received to date, the. decis.ion most
likely would be to close the landfill within the year. The
extension would allow time for consideration of the various
options available before making a decision.
I
City. Council discussed the economic impact of continuing the
landfill and complying with new Environmental Protection Agency
(EPA) regulations. The alternatives revi.ewed were:
1. Expanding the existin~,landfill to include an additional 15
acres and continue to bury garbage with city forces with the
understanding the.City will have to monitor the landfill for
30 years according to EPA's new regulations; or
2. $ubmit a modified version to the existing Closure Plan and
. ~lose the landfill in approximately 18 months from March or
April of 1990~ This ,decision would require monitoring the
landfill for five years under present day EPA regulations.
"
After discussion, motion was made by Councilmember Bell, seconded
by Councilmember Jenkins, that City Council authorize staff to
submit to the Texas Department 'of Health a,modified vers.ion of the
existing Landfill Closure Plan, such plan to indicate closing the
landfill in approximatelY 18-months.from March or April of 1990.
Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker,Watson
None
None
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Voting No:
Absent:
DISCUSS AND CONSIDER RECYCLING COMMITTEE REQUESTS: Consideration
was given to the following requests:
. (il) Authorizing Participation in IIEarth Dayll, April 22, 1990, and
Appropriating $500.00 for that purpose;
(b). Authorizing 10% of the Recycling;Profits for the.Committee's
Use; , (
(c) Consider Approval of Yard Signs to be place in Committee
Members' Yards on Recycling Day.
Mayor Higley invited commentsconcernin9 the City's participation
in Earth Day. It was the consensus of Council to authorize the
City's participation.
Motion was made by Councilmember Redeker, seconded by Council-
member Bell, that City Council authorize the expenditure, of
$500.,00 for participation in the celebration of IIEarth Dayll
scheduled for observance on,April 22, 1990.
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Voting Aye:
Mayor Higley, Councilmembers Bell, Jenkins,
City Council Workshop Session, December 11, 1989
221
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.Voting No:
Absent:
. Redeker, Watson,
None
,None
Mayor Higley invited comments concerning the request for 10% of
recycling revenues be set ,aside for that committee1s use. After
discuss i on, moti on was made by Councilmember Bell, seconded by
Councilmember Jenkins, that City Council deny the request to set
as ide 10%, of recyc li ng' revenu.es for ~ommittee use.; but to cons i der
requests for funds ,for all committees o,n an as-needed basis.
Voting Aye:
Voting No:
Ab,s,ent:
_, ' i I ~
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None.: ,','
None.: .,.
Mayor, Higley recessedthe..workshop ,session at 7:27 p.m. to convene
in regular session. .
Mayor Higley reconvened.the works.hop s'essionat 8:25 p~m.
Mayor Higley, invited comments concerning the request for recycling
committee member.s to 'place yard' signs in their front yards. The
signs wouldbeusedas.a r.emi~der to, residents that Wednesday is
recycl ing day., ',' ,
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Recycling Committee Co-Chairman, Linda Brannen, previously
explained that thesigns'~outd:be placed inithe yards before
Wednesdays and then removed until the next week.
After discussion, motion.was made by Councilmember Redeker,
seconded by Councilmember Bell, that City Council, approve the use
of yard signs by the Recycling Committee members as requested,
such signs to be removed, after the recycling day Of each week.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
,Redeker,: Watson'
None
None'
DISCUSS AND: CONSIDER WIDENINGAN~ PAVING OFWESLAYAN AS A JOINT
PROJECT WITH. THE COUNTY: .
Director of Operations, Curtis Cooper, reported that staff met
with Harris County Precinct 3 representatives to discuss joint
projects for 1990. The City submitted a priority list, as
fo 11 ows: . i . , ,
'1. Striping of various.streets:
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2. Chip seal of approximately 20 blocks
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3. Repair of Weslayan andJestablishing left turn ,lanes: on
Weslayan at Rice and.Univ.ersity.
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222 "
City Council Workshop Session" December 11,1989
Harris County pointed out that there are four or five swales on
Weslayan which would need repairing before resurfacing. The
County recommended closed circuit TV inspection of the storm and
sanitary lines that intersect and parallel Weslayan to determine
the cause of the swales,. "Addressing the widening of We slay an,
Harris 'County recommended the City retain' a traffic engineer
investigate le,ft turn'lane's 'off<,Weslayan and determine the width
needed at each intersectioni:ncluding the possibi,Hty of
relocating utilities, traffie control devices and telephone
cable. 'The City would:pay; for. the. e,ngineering, relocation of
utilities, the TV inspection and the materials. The County would
pay ,for ,the labor.
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Funds are available in the 1990 budget for striping and chip
sealing, but no funds were budgeted for repair andtor widening of
Weslayan. However, Harris County is preparing preliminary
estimates 'for repairingWeslayan and ,should soon make a report to
staff.
Councilmember Bell 'suggsstedMetto be asked to paFticipate in the
project.
Councilmember Redeker ,advised that there was a traffic study done
in previous years that reflected the widths required to widen
Weslayan for the left turn lanes. The study was done when she was
serving on the Traffic Committee in 1983 - 1985.
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After discussion, Mayor Higley"recommended Council authorize staff
to:
(1) teview the traffic engineering study to determine how much
land would be required to widen Weslayan;
(2) talk to Harris 'County to see.what they can do and get
estimates on materials and the costs of moving utilities;
(3) when this information is complete, report back to Council,
and if the decision is to proceed, then staff would contact
Metro and request their participation.
City Council generally agreed 'with the recommendation. Council-
member Bell suggested staff ask Metro to look at the Weslayan/
Bissonnet intersection for improvements.
COUNCIL COMMENTS:
Councilmember Bell asked if staff received a response from
Randall's concerning collection of water bills and
beautification along Academy Street. City Manager Richard
Rockenbaugh said he would check and report back to Council.
Councilmember Bell asked that Municipal Court revenues be divided
into traffic citations and code violations. Mr. Rockenbaugh
agreed it could be done and would report back to Council.
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City Council Wo'rkshop'Session, December 11, 1989
223
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Councilmember Bell asked if the City might be willing to consider
planting trees, ,on the Gity.s r]ght~of-way along Acade,my behind
Randalls. ,.. '
Mayor Higley asked staff to make a recommendation of a thick hedge
to the residents on Marlowe Street concerning their request to
build a fence where Marlowe intersects Bissonnet. She suggested
some type of landscaping.
"Mayor Higl ey commented she received a, ,1 etter, from two young ,
residents requesting the population b,e,on: the 'city: limit signs.
She responded to them thatthe'City'wi 11 study improved signs as
part of the beautificatiOrl' program in the next two years and would
consider their reql,lest in the study.
Mayor Higley thanked Councilmember Redeker for her report from
TML seminars.
o
Mayor Higley thanked: the City Manager for the revised policy on
the travel expense reporting.
Mayor Higley suggested the following items be on the agenda for
the December 18 meeting:
(1) Di scus,s the Byron Street Property, and
(2) Receive report from Jerry Nickell, Traffic Committee Chairman.
Mr. Rockenbaugh suggested the Rice Boulevard joint paving project
with Metro be added to the agenda ,for Council to consider
appropriating funds. Metro wants a commitment from the City
before presenting the project to the Board.
ADJOURNMENT:
With no further business to come before Council at this time,
motion was madebyCouncHmember Redeker, seconded by
Counci lmember Bell, that the workshop session adjourn.. Such
motion carried and the meeting was adjourned at 9:50 p.m.
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REGULAR,CIT.Y COUNCIL MEETING
. MONDAY,~,: DECEMBER, 11, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7 : 30, P . M .
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City Council convened in regular session in the Municipal Building,
3800 University Boulevard" in\:the,C.ity .0f:W,est Un.jver~tt.Y Place, on
Monday, December, 11, 1989, w,ith ,the. fpllowing members ,present: Mayor
Higley, pres;idtng; ,Councilmembers Bell; Jenkins, Redeker and Watson.
A 1 so present were the City, ,Manager, City Secretary , Ci ty Attorney,
Director of Administration".Director of Operations, and the Chief of
Police. Councilmember Jenkins delivered the invocation and led the
All egiance to the Fl ago .
HEARING OF RESIDENTS: Mayor Higley invited residents to speak who
had matters they wished to bring to the attention of the. City
Council which had not previou.sly been submitted to the City
Manager. .
Abel Lozano, 3810 Case, addressed Council concerning several
problems. A few months ago he had a problem with his dishwasher.
The problem was. i.n the cut-off val ve.. When the, va 1 ve was removed
it was found to be completely blocked with sand. The sand was
allowed to get into the.water line by someone who opened, it and
Mr. Lozano thought the City should investigate.
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Mr. ,Lozano also had problems with one of the builders who was
building a house next door, to him. . His fence was compl~tely
removed. People were eating their lunch on his front porch. He
complained to the builder but got a poor re~ponse. Mr. Lozano
took the builder to small claims court about the fence and settled
there. The workers broke the garden hose connection which the
builder replaced. ,However, Mr.. Lozano found the new ga~den hose
in his living room when-he got home. "Evidently the buflder went
into his home while Mr. Lozano was out., Mr. Lozano.thought
the City Council needed to do something to protect the residents
from abuse by builders.
Mayor Higley asked when was the house built.
Mr. Lozano responded that the house was finished in January 1989.
Mr. Lozano then explained his problem with raccoons and that he
had tried repeatedly to get the Animal Control Officer to
respond. He finally went to the police department and got
results, but he thought city staff should be more responsive.
Mayor Higley thanked Mr. Lozano for bringing these matters to
Council IS attention. The sand problem Council would refer to
staff. The problem with the builder hopefully had been resolved
since the time the house next door was constructed. Council
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Regular City Council Meeting, December 11, 1989
o
passedstrong,'iordinance.s .to~~rotect reside.nts and was stressing
strict enforcement. Staff held several meetings with the builders
to explain the stricter., ordinances ,.an,d to try, t.o"g,et better
cooperation from them. '
CITIZENS RESPONSE TO AGENDA ITEMS:' Mayor Higley~ inv'i'ted residents
who wished to.:address a,specJfic 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 Jenkins, seconded
oj Councilmember Redeker, that the consent agenda be approved in
accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Higley, CO,uncilmembers Bell, Jenkins,
Redeker, Watson .
None
None
[1
ORDINANCE RELATING TOIHETEXAS;"MUNJ.GIPAL RETIREMENT SYSTEM: Mayor
Higley presented Ordinance No. 1359 for the second and final
reading and read the caption, as follows:
I,
., i.ORDINANCE,NUMBER 1359
AN ORDINANCE AUTHORIZING AND ALLOWING, UND~RTHEACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM" IIUPDATED
SERVICE CREDITSII INSAlDSYSTEM FOR SERVICE PERFORMED BY
. .
QUAUF:HNG MEMB6RS,:OF SUGHSYSTEMI,WHO PR~SENTLY\ARE IN THE
EMPLOYMENT OF THE CITY ;OF~;WEST UNI,VERSITY :,PLACE;j,AND .
AFFECTING PARTICiPATION OF CITY EMPLOYEES IN THE TEXAS
MUNICIPAL RETIREMENT SYSTEM; GRANTING THE .ADDITIONAL
RIGHTS, CREDITS AND BENEFITS AUTHORIZED 'BY SECTIONS 62.105
AND 64.202 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS,
1925, AS AMENDED BY THE 70TH LEG1SLATURE; CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND
PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE.
Copies of Ordinance Number 1359, in the form required for
adoption, were available to all members of City Council and a
reasonable number of additiona'l copies available to interested
citizens present.
'n
Motion was made by Counc.i lrnember Bell, seconded by Counci lmember
Redeker, that Ordinance Number; 1359 be adopted on second and final
reading as presented.
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Regular City Council Meeting" December 11, 1989
Voting Aye:
Voting No:
Absent:
Mayor Higley, ,Councilmembers Ben, Redeker,
Watson
Councilmember Jenkins
None
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ORDINANCE RELATING TO MEDICAL AND DENTAL BENEFITS: 'Mayor Higley'
presented Ordinance Number 1360 for second ,and final reading and
read the caption, as follows:
ORDINANCE NUMBER 1360
AN ORDINANCE RELATING TO MEDICAL AND DENTAL BENEFITS;
AMENDING THE CITY'S PERSONNEL POLICIES AND PROCEDURES
MANUAL; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT.
Mayor Higley explained one amendment to clarify the intent of the
ordinance. It was suggested that Subsection 7 be amended, as
indicated by the underlined words:
7. New retirees (on or after January 1, 1990) are not eligible
for City-provided medial benefits after retirement, except as
provided by the Consolidated Omnibus Reconciliation Act of
1985 (COBRA), which requires that retirees elect to receive
benefits for a limited time period and pay for them.
Copies of Ordinance Number 1360, 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 Jenkins, seconded by
Councilmember Bell, that Ordinance Number 1360 be adopted on
second and final reading as amended.
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Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
ORDINANCE AMENDING THE 1989 BUDGET: Consideration was given to the
first and final reading of Ordinance Number 1361. Mayor Higley
read the caption, as follows:
ORDINANCE NUMBER 1361
AN ORDINANCE AMENDING ORDINANCE NUMBER 1329 WHICH
APPROVED THE BUDGET OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS FOR THE FISCAL YEAR BEGINNING JANUARY
1, 1989, AND ADOPTED ON NOVEMBER 14, 1988; CONTAINING
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EMERGENCY.
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Regular City Council Meeting', December ,11,,1989 '
227
Q
Copies of Ord,inance. Number. 1361, in the form, required for
adoption, were' available to. 'all. members of City CounciJ and a
reasonable number, of additional copies available to interested
citizens present.
" ,
Motion was made, by Councilmember Bell, seconded by Councilmember
Redeker, that Ordinance Number 1361 be adopted as presented on
first and final reading.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker,Watson
None
None
. ,
RESCHEDULE SECOND COUNCIL MEETING FOR DECEMBER: Consideration was
given to the second council meeting date in December 1989. The
regular date would fall on Christmas Day.
After discussion, motion.was made by, Councilmember Bell, seconded
by Councilmember Jenkins, that City Council schedule the second
meeting for December 18, 1989, at 7.:30 p.m.
o
Voting Aye:
Voting No:
. Absent:
Mayor Htgley, Councilmembers Bell"JE;!nkins,
Redeker, Watson '
None
None
BOOSTER. PUMP REPLACEMENT 'AND .INSTALLATION OF INST,RUMENTAT.ION fOR
WAKEFOREST WATER PLANT: tonsideration was given to the following in
connecti on with the constructi on ;c'ontract for, the booster pump
replacement and installation of instrumentation for the Wakeforest
Water Plant:
(a) Approval of Monthly Estimate No. 6 and FINAL in the amount of
$10,173.67 submitted by Long & Son, Inc., for work performed
through October,20,,1989; and
" '
(b) Authorization to;issue Certificate of Acceptance for the
project.
Motion was made by Councilmember Jenkins, seconded by Council-
member Redeker" that City Council approve Monthly Estimate No.6
for payment and authorize the issuance of the Certificate of
Acceptance.
Voting Aye:
Voting No:
Absent:
I
Mayor Hjgley"Councilmembers Bell, Jenkins,
Redeker, Watson,
None
None
. .'.
HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the
invoice in the amount of $8,572.00 submitted by the Harris County
Appraisal District for the first quarter assessment for 1990.
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Regular City Council Meeting, 'December 1h 1989
I
Motion was made by Count'ilmember J'enkins, seconded by Council-
merriber Redeker, that the invoice su;bmitted by the Ha'rris County
Apprai sa 1 Di std ct be approved for payment.:..
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmftmbers Bell, Jenkins,
Redeker, Watson .
None
None
LEGAL SERVICES: Consideration was given to the invoice in the
amount of $3,565.03 submitted for legal services provided on the
City's behalf for the month of November 1989.
Motion was made by Councilmember Jenkins, seconded by Council-
member Redeker, that the invoice in the amount of $3,565.03 be
approved for payment' as submitted. 9
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None'
CITY COUNCIL MEETING:MINUTES: Consi~eration was given to the minutes
of City Council, as follows:
(a) City Council Workshop Session, November 13, 1989; Ii I
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,
(b) City Courkil Special. Sessfon, November 18, 1989; and '----,
(c) City Counci 1 Regular Session, November 27, 1989.
Motion was made by Councilmember Bell, seconded by Councilmember
Redeker, that the minutes be approved as submitted.
Councilmember Jenktn~ stated he had~ question about the Special
Session minutes of November 18, 1989. It was his understanding
that Council agreed the City Manager would make a statement
concerning issues raised in the Village Life.
After discussion, it was the general consensus of Council that the
rriinutesreflectedcorrectly'the intent of City Council.
Mayor Higley called for a vote to approve the minutes as submitted.
Voting Aye:
Voting No:
Absent:
COUNCIL COMMENTS:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
Councilmember Watson stated he'enjoyed the tree lighting ceremony.
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233
Regular City Council Meeting, December 11, 1989
[l
Gounc il member Bell reported. 'he attended the HGAC dinner meet i ng
and the speaker addressed waystoincreaserelJenues. Council-
member Bell asked if the City collected a warrant fee and a
defensive driving course fee. Chief Griffith repl ied the City
collected fees for defensive driving but he would check to see if
a'warrant fee was charged. ,.,
o
Councilmember Bell stated there was a lot on Byron Street near
Colonial Park that was for sale. He would like to see if the
Ctty Council would be interestedtnpurchasing the lot or trading
a lot on itheJMH property for the'l ot-on Byron.
Mayor Higley recommended the question be placed on the agenda for
the December 18th meeting.
Councilmember Jenkins' noticed that there were only six red tags
issued for the month of November. He thought the City still had a
problem with builders and urged staff to step up their efforts.
Council member Jenkins. stated the Jandscapingwas not finished on
Browning Street and he wanted to see it completed.
Gouncilmember Bell statedtheVillage;Savings was now NCNB.
NCNB's sign may ,'not bein.'-.compli'ance,. ;Also, Counci lmember Bell
thought that when acommerc:i a 1 site changed tenants o.r owners,
theywou 1 d have to comply ,wi th the zon i ng ordinance.
The City Attorney replied he would look into the.,ques.tion,
however, he thought loss of the prior non-conforming status
occurred when a building was replaced.
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Mayor :Hi,gley<';req~,ested sta\ff ,;i",westj'gate the "prob lemsbrought
before Counci 1, by Mr., Loza.no. ii
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Mayor Higley reported she'receivedcorrespondence,from,the Harris
cGalvestort Coastal..,Subsidence District Board ,of Directors that the
term of office for J. B. Thompson would expire in January 1990.
,Mr~ . Thompson ,was 'w.i Hiriig\to 'iserrve another tWQ..,year term if the
Mayors from Southside Place, Bellaire, Jacinto City and West
University placewere:!agreeable to,;fE!appoint him~. Mr. Thompson
had done an exceptional job representing the s~~lJ)cities on the
Board and the Subsidence District was pleased to work with him.
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STAFF REPORT:
City Manager, Richard Rockenbaugh, advised that Mrs. Birch was
contacted' and- her'driveway:,wi 11 be rep,ai r,edbefore Christmas.
Mr. Rockenbaugh remi nded Council. that January 14,. 1990., was the
date for.theH0uston-Tenneco Marathon <and t,he,Marathon, Breakfast
would be in Council Chambers with Mayor Kathryn Whitmire and
representatives from Tenneco invited. Breakfast was scheduled for
8:00 a.m.
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234
Regular City Co'uncil Meeting, December 11, 1989
Mr. Rockenbaugh invited City Council to staff1s annual Christmas
lunch on Thursday, December 21, from 12:00 noon to 2:00 p.m.
The Park's Board reported that the Master Park Pl an wi 11 be in
final form for presentation by December 18. Did City Council wish
to have the document presented to them or would they rather
receiv~ the document, review it, and then schedule a formal
presentation?
After discussion, City Council decided to have the document sent
to them for review and. then, if necessary, schedule a presentation
with the Parks Board.
Mr. Rockenbaugh asked for Council1s guidance as to the JMH sign
on the College Street property. It was saved from demolition at
Council's request, ho~ever; it' looked rather out-of-place now that
the building was removed.
After discussion, Council felt that the sign was too large for
display on the property:and should 'be' removed.
Mr. Rockenbaugh commended staff for their efforts in putting
together the tree lighting ceremony. He particularly thanked
Jerry Burns, Superintendent of Public Works and the Parks
Employees, and Curti's Cooper, Di-rector of Operations, and Donna
Sims, Director of Admini-s:tration, 'who was Master of Ceremonies for
the event. Mr. Rockenbaugh also thanked Councilmembers for
attending.
Mr. Rockenbaugh reported that recently the City had a sewer line
emergency. Approximately 37 to 40 foot of line was impacted with
stabilizing sand. City/crews took that'jobon for approximately
$10,000 and saved the City a gr.eaLdeal of money. '. Estimated
contract prices were from $50,000 to $70,000. The crew did a
wonderful job and Mr. Rockenbaugh wanted to publicly commend Rod
Haney,Rocky ~ravel, and all th~'crewfor their. hard work.
Mr. Rockenbaugh reported the recyclirig,program the last two
Wednesdays increased to 2~1/2 loads per truck or a 20% to 25%
increase. The increase occurred,since the flyers went out to
households. '-
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Councilmember Jenkins asked if the trucks could go straight to the
recycling center on Westpark to sell the material. Mr.
Rockenbaugh agreed to check.
. .'
ADJOURNMENT: With no furtherbuslness to come before Council at
this time, motion was made by Councilmember Bell, seconded by
Councilmember Redeker, that the meeting adjourn. Such motion
carried, and the meeting w,as adjourned at 8:17 p.m.
J
235
Regular City Council Meeting, December 11, 1989
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City Secretary
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236
REGULAR CITY COUNCIL MEETING
MONDAY, DECEMBER 18, 1989
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
7:30 P.M.
1
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City Council convened in regular session in the Municipal Building,
3800 University Boulevard; in the City of West University Place, on
Monday, December 18, 1989, with the following members present: Mayor
Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson.
Also present were the City Secretary, City Attorney, Director of
Administration and the Director of Operations. Councilmember Redeker
delivered the invocation and led the Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor 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.
There were none present who wished to speak.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor 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.
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ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Council suggested removing an iterri from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Jenkins, seconded
by Councilmember Redeker, that the consent agenda be approved in
accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
TRAFFIC COMMITTEE REPORT: At the request of the Traffic Committee
Chairman, the Traffic Committee Report was postponed to the first
meeting in January 1990.
RICE BOULEVARD PAVING: Consideration was given to appropriating
funds for the Rice Blvd. Joint Paving Project with Metro.
Director of Operations, Curtis Cooper, advised Council that in
talking to Metro representatives, they relayed favorable responses ~
to the City.s request to substitute Rice Boulevard for University Ui j
Boulevard in the joint paving agreement. However, Metro staff
requested that City Council forward a record of official action
before the substitution was presented to the Metro Board. Metro
237
Regular City Co'uncil Meeting, December 18, 1989
o
was requesting (a) commitment of funds, (b) a time table, (c)
willingness forM,etro to coordinate the project, and (d) timing
for sewer line replacement on Rice. Mr. Cooper explained that the
plan was to pave Rice from Wakeforest to Community and coordinate
the project with the sewerltne repJacementproject. The
engineering study of Rice showed the area from Kirby Drive to
Wakeforestin good repair and not requiring repaving.
Dieter Ufer, City'sConsulttng Engineer, explained that o,n some
blocks, the curbs and gutters were in good shape and in other
blocks they were not. Where the curbs and gutters needed to,be
replaced, that would be .included tn, the paving. project. However,
replacing sewer inlets was not included.
The time frame. for paving would allow for completion of the sewer
line replacement project before the street is repaved. However,
as more utility lines, are replaced on Rice the street would be
damaged, by that construction. .But these projects were several
years in the future and would require new bond issues.
o
,Mr. Ufersugge:sted.,;the.l-stor,rrt .'sewe!rswere considered to be
adequate because storm Hnesdo not deteriorate as rapidly as
sewer 1 i nes . Mr. ..Cooper, poi nted out tha t;tn some areas there were
indications of some deterioration and a TV inspection would be
necessary to make an accurate determination.
Couocilmember Redeker submitted the following affidavit of
substantial interest:
;
... 'STATE 'OF TEXAS
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COUNTY OF HARRIS 9
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BEFORE ME , the unders i gned. ,authori toY ,on this day
personally appeared .Ms~JanetR~deker , who,
being by me duly sworn did depose and say as follows:
- .
,',; 'My name is Janet Redeker. I have a IIsubstantial
interestll in the'MetropoHtanTransitAuthority (the
I!businessentityll), in that I am employed full time by the
business entity and receive at least 90% ,of my annual
i rtcome from that entity. I be 1 i ev~ tha t the bu si nes s
erititywould be pecucliar.ly'affected, by a vote or decision
of the City Council to amend a contract for improvements to
University Blvd. tochiinge to project to Rice Blvd.
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I intend to abstain frompar,t.icipationin any action
regarding this matter, and I am filing this affidavit to be
in compliance with the Texas,tbcalGovernment Code and the
City Charter.
Signed:
. Is/Janet Redeker
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238
Regular City Council Meeting, December 18, '1989
STATE OF TEXAS
COUNTY OF HARRIS
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, , BEFORE ME, a notary public, on this day personally
appeared Janet Redeker ,known to me to be the person
whose n~me is subscribed 'to the foregoing document and
being by me first duly sworn, declared that the statements
therein contained are true' and correct.
Given under my hand and seal of office this 18th
day of December ,A.D. ,.19~.
Is/Audrey Nichols
Notary Public, Signature
My commission expires: 4-19-93
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FILED with me, the ,official, reco:rd keeper of the City
of West University Place, Texas on this the 18th day of . .
;December , 1989,at 1:520"clo'ck p.m. -
(SEAL)
Is/Audrey Nichols
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The City Attorney advised that, strictly speaking, this project
would necessitate a budget amendment and an ordinance would be
required to amend the budget.
Mayor Higley suggested the budget amendment might be considered
after Metro approved Itheproject. Mr. Cooper concurred. It was
his understanding that at this time Metro was requesting Council
minutes indicating approval of the substitution ~f Rice for
University and appropriating the money.'
Motion was made by Councilmember Bell, seconded by Councilmember
Jenkins that City Council approve the substitution of Rice
Boulevard for University Boulevard in the Joint Paving Agreement
with Metro; approve the appropriation of $215,000 for the
project; recommend the time table for the project be coordinated
to follow the impending sewer line replacement project and ·
authorize staff to notify the Metro Board of Council's intent.
Voting Aye:
Voting No:
Absent:
Abstaining:
Mayor Higley, Councilmembers Bell, Jenkins,
Watson
None
None
Councilmember Redeker
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ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was
',?,39
Regular City Council Meeting, December 18, 1989
D
given to the invoices totaling $30,905.24 submitted by Langford
Engineering, Inc., for services in connection with the following
projects:
(a) Invoice No. 5993& F.inalin the amount of $379.31 for
Study to Fully Automate Wakeforest Water Plant;
(b) Invoice No. 5994& Final in the amount of $8,611.45 for
Phase 3, Prio.rityArea No.1, Sanitary Sewer,West
University 1st Subdivision;
(c) Invoice No. 6000 in the amount of $6,811.97 for Priority
Area 2-B WaterLine Replacement; and
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(d) Invoice No. 6001 in the amount of $15,102.51 for
Priority AreaJ, Sanitary Sewer.Renovation.
Motion was made by CouncilmemberJenkins, seconded by
Councilmember Redeker, that the invoices submitted by Langford
Engineering Inc., be, approved for payment as listed.
o
Voting Aye:
Voting No:
Absent:
Mayor Higley,Counc.ilmembers Be.ll, Jenkins,
Redeker, Watson
None'
None
MASTER PARK PLAN: Consideration was given to the invoice in the
amount of $1,500.00 submitted by Tapley/Lunow Architects for
: professional services through November 30, 1989 in connection with
the master park plan.
Motion was made by Councilmember Jenkins, seconded by
.Councilmember Redeker, that, the invoice submHted by
Tapley/Lunow Architects be approved for payment as presented.
Voting Aye:
Voting No:
Absent:
Mayor Higley, ,Councilmembers Bell ,Jenkins,
Redeker, Watson
None
None
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Mayor Higley suggested, and City Council concurred, that
~~n~~~:~:~i~g ~~eP~~~h~~eth;x~~:~a:.an~ Value of Real Property
COUNCIL COMMENTS: Councilmember Bell questioned the sidewalk
construction at the corner of Rice at Mercer. The property
owner built stairs instead ofa ramp,. Curtis Cooper explained
that the sidewalk could not be built any other way without
damaging the tree roots of the two oak trees in. the'front. If the
C:ity requires the builder to construct a ramp, the. tree roots
would have to be cut.. Staff is studying this problem and may
refer the question to the Zoning and Planning Commission and the
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Regular City Counci 1 Meeting, December 18,. 1989
Zoning Board of Adju~tment for technical guidance in future,
similar situations.
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Councilmember Bell thanked Donna Sims for her assistance in
acquiring Randall's agreement to hel~ in an effort to get
landscaping behind the shopping center.
Councilmember Bell asked if the residents were able to pay water
bills at the JMH on Rice Blvd. M~.Cooper responded
affirmatively. Randall IS would be a second option available for
residents to pay utility bills.
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Councilmember Bell reported the wall at Colonial Park had a large
crack in it. Mr. Cooper reported staff was aware of the crack and
worki ng to see what wou,l d ,be neces.sary to fi x the ,wa 11. To fi x
the crack, the entire wall: will have to be replaced. Council-
member Bell suggested staff contact the contractor who constructed
the wa 11 . , .
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Councilmember Bell aske,dif the Cilty do'es anything to ;Wes:layan,
might it affect the triangle at Bellaire. Mr. Cooper confirmed
there was that poss i.bi 1 i ty.
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Councilmember Redeker responded to comments from residents through
the City Currents. There are people putting out trash bags
earlier than 12 hours before garbage pick-up day. The City does
not ticket for that violation?,
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Mr. Cooper responded that the procedure was to send a series of
three letters each one stating a more aggressive enforcement
language. If the problem is still not alleviated, staff can send
the violator to Municipal Court. It.is difficult to ticket
someone because staff does not know. who put the trash out.
Councilmember Redeker thought that the people who own the house
would be the ones responsible. .
Councilmember Redeker asked the status of clearing the easement
behind the homes on Community Drive. Mr. Cooper explained that
staff received responses that the easement and railroad
right-of-way would be cleaned.
Councilmember Jenkins reported that the 3900 block of Browning
Street had two houses under construction and the street needed to
be cleaned of mud and debris.
Mayor Higley received a letter from Lucille Gallman, 3833
Marlowe,expressing her appreciation,to the West University
Medical Team and to Officer Unger for their consideration and
kindness when her father, W. L. Creekmore, died. She also
expressed her appreciation to the officer who watched the house
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241
Regular City Council Meeting, December 18, 1989
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while the family attended the funeral. Mayor Higley expressed her
appreciation for the dedication of the employees and asked that
her appreciationbe:,r;:elayed to each one involved.
Mayor Higley asked about the exception in the zoning ordinance for
basketball goals. She reviewed the proposed technical changes to
theor.dinancesubmitted by the City Attorney, but she did not see
the bas'ketbalhgoals exception addressed. The City Attorney
explained that his report covered the technical amendments to the
zoning ordinance. Reid Wilson was preparing other amendments and
the basketball exception would most likely be included in those.
Mayor Higley wished everyone a Merry Christmas.
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STAFF REPORT: Curti s Cooper reminded Counci 1 of the Chr,i stmas 1 unch
scheduled for Thursday, December 21, at 12:00 noon.
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PURCHASE. EXCHANGE AND VALUE OF REAL PROPERTY: Consideration was
given to Byron Street lot and JMH Lots (Milton Street at
College) and Other Property and including matters necessary or
incidental thereto.
[]
At 8:26 p.m., Mayor Higley recessed the regular session to go into
a closed executive session as authorized by the Open Meetings Act,
TEX. REV. CIV. STAT. ANN., as amended, Article 6252-17, Section
2(f).
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At 9:10 p.m., Mayor Higley reconvened the regu'lar session.
Motion was made by Councilmember Redeker, seconded by
Councilmember Watson, that contact be made with the builder/owner
of the Byron Street lot to see if he had any interest in an even
exchange for the western most lot on the ,JMH site; and if so
that contact then be made with the Parks Board to see if the Parks
Board would favor such an exchange; and if so that staff be
authorized to retain the necessary-appraisers and real estate
legal review of the necessary documents (using the firm of
Woodward, Hall and Primm as in the past).
Voting Aye:
Voting No:
Absent:
Mayor Higley, Councilmembers Bell, Jenkins,
Redeker, Watson
None
None
ADJOURNMENT: There being no further business to come before City
Council at this time, Mayor Higley declared the regular session
adjourned at 9:20 p.m.
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242
Regular City Council Meeting, December 18, 1989
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Audrey Ni ols
City Secretary..
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