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HomeMy WebLinkAboutMinutes_1989 u 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. o 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. ': " . . ' -. r k . ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City C9uncil suggested removing' an item' froril' the consent agenda. , ,,; ',. . ., . r ',. CONSENT AGENDA: Motionwas:madebYC'duncilmember Schwartzel,- seconded by Councilnieinbet'Bell~ that the' consent agenda be approved in accordance with staff recommendation. . ':,! '. .... I. ~ . ~ 1 (1 ' . I,' :' : ." .' '", 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: . (i [ 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. ~ 5 : i 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 ,.., "., , , '! : h " , , .,.,......................--- . ~. 65 ."--".__1: ~.1 .~ --y- 1 -1- ~ - . r ;r T'I" GG Regular City Council Meeting, January 9, 1989 reasonable number of additional copies available-to interested citizens present. i..:, 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_ -.J 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 ] 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; " 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 I ~ Regular City Council Meetihg"January 9,J1989 . '1 n 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. ", -: - : 'J Council members ,Vot-ing: Aye: Councilmembers Voting No: o , .,!" .' ,~- " . : Councilmembers'AbS~nt~ Signed ::-. r ":~ ,'''' " . '" > ~ . , , "i" . ", Michael L. Parks, Mayor ATTEST: . : j .' { }: -; .;- ~~ I I ~ 'f'"' " , 1'>"" ,; , , , i::; . '.' , ,1 ! . ~". ) : ' Approved as to Form: Audrey Nichols"';" , ;, "City See,retary '" " .' ~ ' J ~ '." T' ,'. . . - , . ~ . ~"'." { h: ~ ~l ; ; '" ," '. . i ~. "; "1;"; ',;' " \J" '1 :,i:")} ,'0. " , , ,,; , J~anie's "L~' ,Doughe,rt:y, ,Jr. ,.::t Gity Atto\7ney ) :'f . 1-.'1 (SEAL) , Motion was made by :Councilmember,."Bel;l, seconded by Councilmember Bryan, that Resolution Number 89-01 be adopted"as presented and read. " ~ 'Council-member Britton asked what the adva'ntage was. toena~cting the resolution~ I I ~ ~.'-;':'~'<} . ~'.: : ,"" J" "'r , . ., '". . z . .. ';~: 1 "l , , .L ---o<iO. , . 11>1....1_....... '! .. :'" . 67 .....'..."'.M"..".l'.. . T .~.........~ ...........,.....,- ,. w ':;[ 68 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. f.. ., < ~ '\ ~., The motion carried by the following vote: Voting; Aye': ' " Mayor/Parks ,Co'uncilmembers' Bryan, Bell, Britton,~Schwartzel 'Votlng,:No: None .:,,,'~:!,' ',; 'I ',Abs'ent: None,' :"'/-, . ','1 ,', 1. " 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. ,- ". '-' f"; 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.' " ------, I , ----...I 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.., , , 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. . " .': .. ':. ' ,- 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: ';., .-:. " ' 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: 69 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 l 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~' > " r-~ '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. LLL-L..._ __ --1 L._L.-.....l . _ ~1-.. I. 1ll1:J~I_"._.. . "I... ...IIllIIlRlf1u.""""r' 1 r -1 ~.. r I T -y '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. " . 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: ----, I i I ----.J 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. -----..J Regular City Council Meeting, January 9, 1989 ?1 II L 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; '-, (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. - r::-T.___.l. . ..... ......... . -"- -L_ __ .......P,".......".."..W T 72 Regular City ~ouncil Meeting, January 9,' 1989 , '. 't - :"" -r ~') ~" . 'i " . .. '\ , A~S~ City Secretary -.-" ,. ., !',' ~. .- I --. I~'''''r 1 ., '!":r Michael L. Parks Mayer - , :,'. ~ r ' I i I '---' Il3 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. I'i I ' I 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 ~':. ,-...:-; 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. Ii I' t ilii"i~,_IIII!8III'IIIlIIIII' __"".'~IIIII".I_"" , , ~-_. 1 .......~. - .....-~~r, -. - .........----:r'l.... -1 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. i I; ,.. i~ I . , I : j i~ 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 ~\ With no further business to com~,before City Council at this time, Mayor Parks declared the workshop ,session adjourned at 9:20 p.m. I I ' '---.J City Council Workshop Session, January 9, 1989 ,. i5 I' . I I ' I I L Michael L. Parks Mayor '.f aJ~41. Audrey Ni 0 s City Secretary , I~ '---- ,-- L ; ~ . '. ' L ~ L_..L-1. ~L., .~.......<..I.-- ____L I. ..L..-. , __I.._M..dlI___" "_'.I~_'_l.l' ~ --. r I-L.:I 76 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. I I ------J 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. i I I I ~ City Council Workshop Session, January 19, 1989 17 l ~ 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 [ 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 pri ces~:. ' '." , "H , ~. ,".J - , . . "'-~ ~~ I ~ '-j ~ . , ...." ~ . ..., ; '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. i:':-' !J ~ t 1 :~-t 2 ~ S ') 1 -'J,t ;-} . ",'- 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 ." . " -I-r:!'.; " \ '~J '" l ",.,. 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"-~" . -. - r ~ . ._.Tf'"~~ ~ - ~... "'T 78 City Council Workshop Sess ion, Janu-a:ry~ -19',,' 1989 '- acknowledgement forthei r 'donations ofi'trees, planted in the median. " .< - < - - , -, I i 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)_ ---' ; ..i 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 , ; I I J ;"" , ; : ~ 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'; '. '- - . " , , ' ,''1: ~ ; .: ~'. -f : . , ~ 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. ------, ;' {1' I i-----.J City Council Workshop Session, January 19, 1989 ", 'kr(>~. au- '.,'!l kf;q -Audre~ols :>~ '..." ,-, City Secretary .....,t.-, "'t.t"",' ; , fl i .J" n .f, >\. ,i' )~}:'.!" , \ 7~9 Michael h,Parks Mayor, ,) .~. J', , ... -f :) "_i '.; "; ;.,''( : ~f;'; '.-1 f' '-1 ~ ' .l:l I l_LI LL;~___::...c~: <j,IHilll_I_II.....- ~, '-;. .lIl1111lllll11i1l1II1!iU::! ' I I I' 80 REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 23, 1989 MUNICIPAL BUILDING 3800 UNIVERSIT~ BLVD. 7:30 P.M. , ( _.....J . 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. ,~) ------.J 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 fl 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 ., n I : 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. r!it ,. _" _ :_;"Iil'III_I.III_ ~ ..~ 82 1111~1i(lllm;lIl!1"', ' I' Regular City Council Meeting; January 23, 1989 Voting Aye:' Voting No: Absent: -, I 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 ~! I J , , MASTER PARKS ,PLAN: Consideration Was given to accepting and, approving a proposal to contract for the development of a master parks plan. ; . I 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: I: ' (a)' Inv,oice No~, 5705 in the amount,of. $321.17 for .study to . ,- 'funy automate"Wakeforest Water Plant;... -.,., _ J 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 ( ! ,- ~:'; .' 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: L. ...-........... .. _._--'-_.._~ ,-.,.",44.-I_.I&..IIlIUI-:: LL.L___L_ _.__~ ..L i" ;,) '83- atlllllll..."'UnBlFl' 'II f .-....- 1 - . -~ ..-r-u r 1 T-, ( t ') 84 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. -1 -----.i 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 ~) j '----' , 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. ,..\" Isl AlJdrpJ/ Nichols II 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. ','\~' ' , ' Mayor Pro Tem', Bryan 'advised that the appraisqlon 'the property came in at $110;000. ! ' 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:. . .,..' 'i. .' ~ . ' 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 $500.00" and authorize the deve16pment'of a IIRfght of First Refusalll form, with the help of the Long Range Planning Committee and the Parks Board, to be used to solicit Rights of First Refusa:lfrom the propertY owne~s of the lots adjacent to or near Colonia! Park. / , . ' z o Votin,gAye: Voting No.: Absent: . 'Mayor Pro' :t'~m Bryan, 'Councilmembers Bell, Britton, Schwartz~l ' 'Noo'e , . Mayor Parks' ADJOURNMENT: With no 'further business to come before Council'at this ti~e, motion was made ,by CouncilmemberSchwartzel, s~conded byCouncilmember Bell "that.the meetiri~adjourn. ,$uth'motion carried and the meeting adjourned at 8:23 p.m~ Michael L. Par~~ Mayor' a...~:. " . '~~, "AUd;;fN~OlS" " ..... City Secretary, ' ~ I L ....-;: . .; .' :..'t.:' I._ .................. L iLL_.J , , ' . ' ~ ~~i~_I_II'_1I ...JJ ~L ~ ;'~ 85 L to: } ;. r. f I.. .. :1 JJ"lllf-lt~RI!II1~tJ;Wi .~~T .1 -~~- IT- 1 - llJ ~ 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 ---, I, i I I I '~ 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 I' I '~ 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 . . j-~ ' II ; I I 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 LJ 'After discussion, it was the consensus of Council that the City would be wi 11 ing...tp; WQ,rk with Houston for the easement. , ..1 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. L-..__ n~, - ...... -.--..1.. -1.-- ._.I'_I_~" , ~ r l' 'IT 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' , _ I _. ~ 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. I: I I ---.J 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. ~I 1 ~ City Council Workshop Session, February 13, 1989 89 n I ! I I IL-.; 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. f'1 LJ , , . , ' ~1Li.J. Audrey Nl 015 ~ CitySecretary' Michael L. Parks Mayor r- I If , il ii"-oii~lliI:'llIlttltlll"lI JlI"'U'''il_I"",n" -'" .... --- - . T" 1 "lJ :1 90 REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY ,13, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY.BLVb. 7:30 P.M. -\ I r , I I -.----i 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. ii r \ There were none present who wished to speak concerning an agenda item. I '----' 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. I J Regul ar City Council Meeti ng, February 13, 1989 il l 1 L-J HI 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. ' n LJ 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: Ii I ' i ) L- Lc IL ... --' =::1 '-I. ~ _,i",-....M......_.... , / 92 .t..IltlSUImlUInt9<II' 1 ! . r "I - L-: , 'J! 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. I , I -------' 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. ~ 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 93 n , I l 1 .L-1 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. o 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 '! 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. III il ,ltlili;atliIil_UlilIIIIUI" , i ! i I ! i i i J ......IIlIIU.II!IWlII.orl>'"". ~r , , v- 94 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. , , 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. " , - 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 , .- 1]1 -~I ) ) ----' ~ i I lj I , , I ~ Regular City Council Meeting, February 13, 1989 n ( ~ L- 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. ,', 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' r; Li 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, .---- I ) I I L The amendment failed. Councilmember Schwartzel called for a vote to approve the policy with the,first amendment but not the second. l' .J. . _ r ~ ., 11._1_...__ J.L .~. ..I 95 . ~. [ : __lIIIIIIlIU""'IIIIIlM'll! -. ....- . 1'--TIf C:] 9B Regular City Council Meeting, Febru~ry 13, 1989 Voting.Aye: Voting, N;o: . Absent: ~ ; , Councnl11emb~rs. Sch!>,artzel, Bell, Br,itton None. Mayor Parks, Mayor Pro Tern Bryan >----l 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: '.,\ ' . . . , . , ,- " 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: . , ' ". . ~ . , ' , Councilm!=!mbers Schwartzel ",Bell, Britton None '. .." - Mayor Parks, Mayor Pro Tern Bryan . , I i , [~ U . " ~ . 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 , "',, 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 , , 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. j ~ Regular City Council Meeting, February 13, 1989 n 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; ! (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. o 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 1-1 \- LEGAL SERVICES: Consideration was given to the following invoices submitted by James L. Dougherty, Jr.,,, City Attorney: L__. - &L. -...-. ~ ,. 97 ~- :. !'\ 98 .1"1lI'1,,..~tf"'."'" -, .-,----.--. ~. r ._',lJ -, 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~. " ~ 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.. ~ ( I I I )1 ~ Voting Aye: Voting No: Absent: Councilmembers Schwartzel, Bell, Britton None Mayor Parks, Mayor Pro Tern Bryan , I ".. 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. --, ( I i I ~ Regular City Council Meeting, February 13, 1989 ~ f 99 fl 'L- 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; , " 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 $110,000.11 o , ,Motion was' made by Councilmember 'Britton, seconded'by Councilniembe'r Be'11, that the minutes be approved as amended. Voting Aye: Voting No:: Absent: Councilmenibers'Schwartzel, Bell, Britton None .' Mayor Parks, Mayor Pro Tern Bryan ADJOURNMENT :' With no fu'rther '!:>us'iness to come before CityCounci 1 at .thi'stime,' motion was made, by Councilmember Britton,L,seconded oYCouncilmember'Schwartiel; that the regular meeting. adJourn and Council reconvene i nworkshop 'sess i on ~ ' Such mati on carri ed and the meeting adjourned at 7:55 p.m. ,!, ';'1 ,C. Boone Schwartzel ; Counci 1 member, aj~' ~Ai. Auarey Nl~orS City Secretar~ ' , : , , :' ,!' r.' ! r~ I I 1 L ',~lI!1lWlltII!lIllIJl ~ ' . .too ...1.. . _H_I_,WUI ,+ I .~ -..,..---------- ~ ~ . , . ! ". ~ ;l, . " , ,', . CITY COUNCIL~MORKSHOP,$ESSIONi MONDAY, FEBRUARY27~" i98~ : MUNICIPAL BUILDING " , .' 3800..UNIN:ERSITY' BLV.D~ 6: 30 P,.MV' >< " { ------.J -. ',- . " ' 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.' , .' HEARING OF RESIDENTS . ' There were none present who wi~hed to spe:ak. STAFF REPORT/AGENDA REVIEW , '., , 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. '~\ I { : I LJ '.> ~,. ~J ~,' "'; < . 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 n L-J 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. 11 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 ~r 'I : 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. - .J1L~_.._ .1 __ .!oJ. _L. .~____...___~i... '."k'''''''"I_....._.... ,-"<, ~~ ! f;- 101 ,-I. ' IlBIln_I_'g'lil-' I' I JJ 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. ~ , ,---.J 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 I! I I L-' 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. r~ ,---' 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. , ~ ..- j " . l . ' ! I i .I )1 .~.I i 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. ' L' IE:.J ._ .J! . _.._..:____L~-.:...L ~-_.._,- t'I..~i.l!'i!1i!I11IiI..MI.illIl..1I S1__51_I_U'lll. "... -~ r- , "- III 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.' - . 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. !~I I i I 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 n 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. IrL__..__l _.......i.l : ___.._.~~:"'.:i.--":_.l,. ..1-____ "-,"',1iIiI_1_1..IIII_nr 11I_..I_I......~lj L- 1 - 106 City Council Workshop Session, February 27, 1989 r r' -ll ~ '. .- ,. -Beth" Ann Bryan Mayor Pro Tern ~. , M udrey N c ols City Secretary '\.1 II IJ 10? n 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. ' ' n LJ 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. I 1- ~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. L- - - .111._ ~..__1 . ........c.I. L. r-:=__n_ ,~ ,. ,-.,;-...........-...-,.. I ~ : _ i' 108 .II".lallllllft-tlUi!-1"-' i " 'T "1". .--- --- - r-- r"- 'lJ Regular City Council Meeting, February 27, 1989 There were nonep~esentwh6 wi~hed to speak concerning an agenda item. - , ITEMS TO BE REMOVED FROM THE CONSENT'AGENDA: No member of City Council suggested removing ~n item from the consent agenda. -----! 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 -. '- 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. I : ~ 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 I i ~ Voting No: Absent: Regular City Council Meeting, February 27, 1989 109 rl LJ 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. n LJ 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. ,-- 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. I \- -'1'< I ;'1 r-r l.it :1I'iUIIlliIII"'~111 .IlIIllH'ifllll'F'llr.Jl;.. ---r '1'- -. F" I .. 'JI 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. , l 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 . , i i i i '---! 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 u 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. ' L 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: !,'," . ' Beth"Ann Bryan, Mayor Pro Tern ATTEST: I \ ~ Audrey Nichols' City Secretary "( , I" (SEAL) L_,~ 11,___ _i __....::1 ......__..r J__ __ f,~_t1Mlli!Iln,J11111111" 111 1I...u1111lPlll1~ 1 I' l' r I 'J! 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 l ~ 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: I '-I Regular City Council Meeting, February 27,1989 113 u 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. n u 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. i- r i I ! i I \ Voting Aye: Voting No: Absent: - .i Mayor Pro Tern Bryan, Councilmembers Britton, Schwartzel None Mayor Parks, Councilmember Bell i.'; :i"i;..'Jatl;i;Ul.I~;!;IIIII" - "II..-, ! .~ ... r' , . 111 114 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: ,I (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. ~ I I I '--.J ,Beth Ann Bryan ., Mayor Pro Tern ""'l i I I I ( ----1 ~ ' ,~. 115 n I ! L-! 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. n I i LJ 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. L~ ---Hi "_,.I ,':::" -. __'---_L~_:_~L -",--_.. 1':;;i,~1tiJGIMI.~llIIl"" E.-o.n"'~IIIIIl!fi,: 1.1 L-: L~'- r 1 .~ 'IT I I I;: .. 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. i I , I 1'-.---1 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. -I I --' City Council Workshop Session, March 13, 1989 117 n LJ 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 11 I ! \ ! '----- 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 ~ , }: .I.lL__. _.....1. _;. r:- -. 118 ..IIIIIIIilIUIl!I-i'iIfi()", -~ - T ."l---~'- fT-- 1 -'ll --I REGULAR CITrCOUNCIL MEETING, MONDAY, MARCH-13,1989 MUNICIPAL BUILDING 380fr UNIVERSITY BLVD. " ": ' 7 : 30 P. M . I , i '-J 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. ' .". "( II I I iJ 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. - ' 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. j I U Regular City Council Meeting, March 13, 1989 119 n 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 . [J 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 . - f ' \. CONSENT AGENDA: Motian was made'byCouncilmember.!Buddy,Bell," seconded by Councilmember Bryan, that the consent agenda' be approved in accordance with staff recommendation. ~'--. .1 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. ! ~ Iii i,. ). tllNliilillll_U...1I .E11l11it"Ullli!I"im', -- T 1---- r 1 ' '1J ,l 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. -~ . 1 I --.-J 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. r ; I ~ 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 :I , I ; I ~J Regul ar City Council Meeti ng, March 13, 1989 121 n 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. ~' ) ) ) \ '---- 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. L , 1LL____..l___ . ___.......Ll . .__.___:__....l_~_r ~ .-lil'I:'tlliMlU"-...1II_11i .JJlllftII!lIIPI~"') I JI , I ~ 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. ' ~ I ~ PASSED AND APPROVED this l31b day of ~ , 1989. Voting Aye: Voting No: Absent: Signed: ~\ Michael L. Parks : j \ '----'" 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: I ~ Regular City Council Meeting, March 13, 1989 123 n 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 Ii U 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 l___ llL~.___l ; .,-~_.....:.i.I__ ._~--,:"-----,-~.L. -.l~______,- Ii, i:I_'_Ja~U'll.illlIU,iIlU.11I .....lIRlH....'UIIlO!W. ~-..- .-.---,--~ ...--- 1 .~ ~lT I 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 $14,200.00; to approve and authorize the contract substantially in the form approved by the City Manager. ' Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, Britton. Voting No: . None Absent: Councilmember Schwartzel ~ PURCHASE OF.JANITORIAl SUPPLIES: . Consideration was given to staff's recommendation for award of the contract for purchase of janitorial supplies; approving and authorizing the contract substantially in the form approved by the City Manager. Bids received Februa:ry 27, 1989, were opened at 10:,30 a.m.' that same day with the following results: Bidder Unit Cost Case Cost Brawner Paper Company, .Inc. 5702 Armour Drive Houston, Texas 77220-5272 Apollo Paper Co. P.O. Box 7457 Houston, Texas 77248-7457 '$ 91.99 $ 778.63 ~ I r i ( l..-J $ 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. i --.1 Regular City Council Meeting, March 13, 1989 _ f 12~~, n 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 o 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. . ~' I ' I Motion was made by CouncilmemberBell, seconded by Councilmember Bryan, that final payment in the amount of $3,430.00 be authorized to Builders Construction. Il 1,1 !__:j I I.'; '._~liHlIitlllllIHlIIII.IS- ~' 126 a1......._'-.rII"f HI --. -. IT" r ~ 'JI , Regular City Council Meeting, March 13, 1989 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, -Britton None Councilmember Schwartzel ~ I 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 .------" I I i 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 -~ ( I ;J Regular City Council Meeting, March 13, 1989 127 r~: L _ 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; Ii I l I l_ {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. ~ li, ~ L.......-.. L_ ~ ~ ... ....M."'...'........- IIIBIillIIIIltiIlltl!Jfl:I'11l "1.~ " r. J llJ ", ~. 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 ,..., J.' -. 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 ~ I , I ~ ~~4 Audrey Nic ls , City Secretary \ \ l~ 129 n \ ! L~ 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 ~~ , i ( 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 If; 'IJUi!llllllIIlllUlIIIIIIII ..-JIIIIIWIUnlll'l"Ufft..,.", 1-1 ~r "1 -. r' 1 'lJ_ 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. ! i 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. J 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. 1 J City Council Workshop -'Session, March 27, 1989 o 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 1\ ) i 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. " : I I . IilntiJ_I_Hl....1I . ,. i 131 .IRiIlllHllllldllit I ~ "--. -- r --I -11 - 1 132 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. '-----' Michael L. Parks Mayor , ~--------,j 133 n \ ! t~.c 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. . . ! , .~.> \i 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. A1IUlnliUllII'I'l1IW-' II -- --..- .-,--~- 1'- - . 1 ..- 'lJ ~ 134 Regular City Council Meeting, March 27, 1989 Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bryan, Bell, Britton,Schwartzel None None ., I I i _......1 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: ~.. . 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. J 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 ~ Michael L. Parks, Mayor Regular City Council Meeting, March 27, 1989 135 n 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 n U '";i.,_(, 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 Ii ) ! : ! i , "-- 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. L.....:...__:___" , IlL~__j___~l____--.:______L._,---,---~.____~_~L 100_ _ ..-'_____..1..- 1',.j,,~tf9.M1I1I1III1.111" .111.11lf,,"~IIIII"llfjjl" ~ r "1 - " L , 1JI l 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. ~ 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 \ I ~ ! , '~ 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 ~, i : i~ r 137 (~ \ i (- -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.' , ~ - l'; 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. ,- '. I ! '~, ,. ',:" 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. - - . ,Mayor Parksi.recoinmended .Ceundlconsi,der,:approvil'!g-~nd authorizing :the.contracts as long as it is done,w.ith~n the, budgeted amounts. ,~ ':' ". ,:-...i. ':} '. ~ III ---.........I. ~L. . .-------- .,....;,....'U.'Od'..... ..lI1IIIIlI1H_1_r.~ m . T '-' ~. ~ --- ,,--- ~ Ir--i11.u ;' t 1.38 City Council Workshop Ses'sion, April 10, 1989 ... 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. : ~ _.....J 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. ,.--.., , I I I _J ...., , , , . 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 :!' . . Amend the seco'nd sentence of Section 13.Ato read as follows: ~ I \ 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 I ' I ( .~ 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~ ,"" : . :' ." (\ 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~" II, j,. i';'O-""",...lwIllllIUi!tlll""-. JllIIIlIlllllB2llilli!l"' .1 ._~o .~-----:- - 1"'- '1 n 'l{ 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. ~ I ,--.,.J 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 I [ '-----' City Council Workshop Session, April 10,;1989' ;', 14~ fi \~' 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. ~ I . L\ 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 r-- 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. L_ IL . 1 j . -::1 ,"_ ~L. ~ . .....1........"'......... ...aJIIIIIlIlPIJIlHlII1lP.lW11'I' -. '~--,~-~ .....--- , IT ~-l]I 142City Council Workshop Session', AprHlO,..1989. STAFF REPORT ;' -.. \ 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. I -----' .....,..' . , . , i'~ 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. . ~ ! \ .; .;{; ,. ., .,:. : 1- Michael L. Parks Mayor, Q)J .d;, Lv- . /1, I ,h, n Audrey NtqP\,Olfs\...~, " ,',. City Secre'cliry ":, '. ; !....~ 2 , ..; c:"f . ~, I I ~ . ~ r, : ! I~ ,\\ ~\ ; 143 11 . I L REGULAR CITY' COUNCIL MEETING MONDAY, APRIL l(J~ 1989 MUNICIPAL BUILDING 3800 UNIVERSI'TynBLVD. 7:30 P.M. r-', l I I '-- 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. . ..-,...... ......'. ' ,'\ . . . 'r, ' 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. "Y..-i ," 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.: . ' ) _..~ ~ 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. ~, Ie. ...___., .. . ._--~_._"'-. -"--- ~ Jllllm;;mlliP~ll!i' i I I[ T 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 ~ , , ., ' 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, , ; ! ",: -~. .; '. . . ! I. ' , , . . 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. I .~ 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: " '; I . 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. - I , I I --...J Regular City Council Meeting, April 10, 1989. 11 \_' 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 r----- I i I i 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: ILL u _1 J : _ _..il _ .. _.~_~__.~ L L_____._~:... 1,lilfwalU.-111!1IIlIII1I ., :145 ...IIllIIllIjiflll!l'l"r~,H: I -. "r--T-~' F , 1 1 ~ '11 I , f, ~ 116 Regular City Council Meeting, April 10, ,1989 ,." ORDINANCE NUMBER '1344 \ , . "- - " 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. '. . , ~--! 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 I J 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. I i I I ~J 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. i l~ 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 I: L (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; . ' !; , , ; ~ I '; r-- (b) Accepting"and approving the contract for Public Safety Radio: User Agreement with'Mi'ssouri 'Citi.;, and " , _ : , ~ ~.~ ... r. ' . . (c) Authorizing the City Manager to execute all contracts relative to the purchase. L IL I I . . ....1 _. ...~__l. L I I ,jtll!~.IlIIIlt'1ll1lll11 .Il11l11ll1!lliIIll"lIW; I . .l-~-- - "1T' . i I - 1]( - l 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 I :J ,"j 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: ,; , ' 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. . ~ "'; '1-\ 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. ~ i I I I I I I~ Regular City Council Meeting, April 10, 1989 t r~ L_ 149 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: . ~ ~." .~." 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: , , j (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. ~'. ; '"') 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. ",-t,'--:'o , , ""_".'1_1_1 HI' ~-. .... ~.-.- .- . I r ~ -11 150 Regular City Council Meeting, Apr:il 10, 1989 Voting Aye: Voting No: Absent: . Mayor Parks, Councilmembers Bryan, Britton, Schwartzel None " Councilmember Bell i _.J 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; _I (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 , , 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 ,-:~ \ " o 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. r-- I I I 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: L:l-_'::_. =-~__._ - Irr~-r-:, . ui.l - . _ ._.. .L.-,"--,_':'.L. . .L___........:...__ i..',j~_IBllIHln!U'I"Irs- .11ll1lmlllllllP<lIW~' r I "1 ~" L" . I I ']( 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' I~I I I ~ _u;" .:_. (: Ill' I I I ~ 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. I L--! 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 111Ui"___'.' 151 ! - t ,. ; 152 I I "__~iIfl'.l.f!l1.111 1111 I.I,F,,!, I II I I I).' 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." , " , ' , Motion was made by Councilmember Schwartzel, seconded by 'Councilmember Bryan,' that t~e"'ininute,s be, ~p'proved~ as submitted. ---.-i '> 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' " 1------' U " . ~ . ':- ,-' ~.; -. , , . . I ;;, ~" .' ,. . .~ \:';: I, ('" . ..j...' ,-~ . ;',,) " 4ii '; I , I -----.--i 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 , .', f'" '" o 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 " " '.. " . ' , Councilmember Britton suggested the City save the $3,000 and 'Just paint the rais~d traffiC':island. ", :'.1 (j ; , . ~ I 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 "', (' . I: L..c 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. ~- .:1 I I ill I IIlI "1' :1',.I~lilbi&__1I 1I__._MnlttlJ,f',.li --nn Illi I I I III' 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. . . . ~ J DISCUSS AND CONSIDER FINAL REPORT ON'THE~JOB' ANALYSIS, PERFORMANCE APPRAISAL AND COMPENSATION SYSTEM RECOMMENDATIONS , , '." 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. , . , . , .... o 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. '. j.~ . .. 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 ~ I I J City Council Workshop Sessi.on,April17" '1989, ; ., > i r \ 155. u a 111 eve 1 s, they~ are goi ngto understand the process and feel comfortable with'it. { . ~ ,: '. " " [)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. , Q, !; .-; " 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. , ,,' n J "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 . ; . ',"""': I ~1. n d.;:; ,., . ," -, - '(, > . ! J ; . r-- I ' I ' L.J 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. . I . ;.-:;,' ~>':' ,,~). ~;' , ; .~"" . .'., 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~: j ,. I ::') '.' -' .' .... ',' ,~. ~ rll t. ! ~---Tl - -r ,1. : ,. t 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. \ I I ! '-----..J " ':.. ,.. s_ ~', . Mayor Parks recommended the pay plan be considered as part of the next budget,'process. " .' -:- ' i >) . ~ . " . 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. " ....' . - . ~ . . :'!- I ,;Mr. Rockenbaughagreed th~t was. somethi ng'that can, be cons i dered : in: the 1990' budget ,process. . "1, '.' . , . \ \ ~ 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 $5,000 from the water Is ewe r" fund:~; ;The number crunch ing was included in thedi~cussions:~ith Council at the beginning. I j '---...J Councilmember Britton reviewed several items of concern, as follows: . .;; ; ~;~ ~ '\ ~;:' f ; PagEf 5: IITopped 'out'lj'remp]oyees. . He, a$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. ,\< . ';','~ ' I ~~ 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 n U 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; " , .~. " " ~ 1 ': ~. 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. Q '... .',: . . , , , 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. : j :-. ; I : ~ ~, .' ~ ", :. - ,. , : .1 " 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' "I~!' l' ,1"',- . .:\~}. .' ~J 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;], . 'I., .' : - I t ~ I r; " ''',' , , 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... ,......---, ,:, '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 '. . ';,' , ' .. II I I III i.I~Hl'Iltilllln_i_1I : f 157 .1....__IIII!Ut't~1 I'", !f'~ ~. ~ t .......--nr .,~~ t 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 _: ". ' ,l ---.-.J :"'; , " 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. i . . ~.; ;) " . , 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"':_,.;, ' ;JJ J r'-'~ c ; r . " , 'Councilmember Schwartzelsuggested Dr. Harvey'might be able to .'. ahswer that. .J . !.., ., . 5 ~ " . Councilmember Brltton suggested Dr. Harvey might have a conflict of int.:e,~.re~t on ~hat point." r~':,' J :-...tl ';". . , 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 .. ,;., ,l ---.J . "i. .[ i'" M~yor Parks asked if'Council wa'hted.to -have the plan approved by a lega lopi ni o'n'~ '",;' :. :.<', ;., r : . i " 'I"; :~ ~+ ~fr'l "If;. "',", ~i/, 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. . . j. i~. . . ~ .~ . 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. , _,' , , : ....,~ (0', "', . ,,': ,I.. Councilmember Schwartzel asked where was the flexibility in the s'ystem. Is a 'compu'ter.:'going toge'nerate' lt' from the ,employees. . ) . ~ . . i- , ~h 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~, ,', " , . :'. . . , , . 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. ,j City Council Workshop Session, April 17, 1989 [159 n 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. - -- ~ ," .., . , . " ~ , ; 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 .None "" COUNCIL COMMENTS O' o 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. ' . . ~ ' STAFF ,REPORT ~. ~. t ',' . -.' '), . 'City ,Manager, RichardrRockenbaugh, ,had nO,thingfiJrther for '" Counci 11 s' "consi'de'ration' at, thi s' time.! I', "." . ";.- ","; -' !, , :~ t~ ~ " . 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. I'" .- : .: r ,', . ,I . 'I " ; , ..' (. . n ( I , I i ' , I i I ~ ~~' City Secretary ;! ) ; . f') ;Mi-chae1 LParks Mayor ~} .: , , 11 "''''''''''''_,_~,. . 1IP-_I.-mtllW11 I lIT t I II " ' "if O' ~ ~. . , "; ') - ,,:. ! - :'..j ',' - . ~':: . ,";CITYCOUNOIt "WORKSHOP SESSION' : r;'';H 'MONDAY, "'APR,IlJ ,2'4, 1989, MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. '.'; , '; " ; 6 :'30P '.'M; '1' ':1" ..1, \ i~\ I ~ -,..,-, '-".. , 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. , ,. :' , ~ ;' .'( "'11,' . ; , , !. 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.; , " :'" f 1 t~. HEARING OF RESIDENTS .\ l :.:.i'i;~~::' "r~ ',:;~' II \ I I : L.J There were' 'none' present. who, .wi shed. to speak. 'STAFF' RE~ORT -' AGENDA REVLliEW" J~ 1,) :" " ' , ' 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. , ,.' , , --.. 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. .~ l \ I '---.J City Council Workshop Session, April 24, 1989 "" "16"1 ' :i f ,"'~ ; n '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. .' ~ 'O. " o , 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. ';}" , ' 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 his bid. -, ",., . "" r: LJ 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. " , ' City Manager, -Richard Rockenbaugh, responded that after.meetings wereh'eld at Colonial Park staff received quite a few complaints , I ;ftll@....__11 ." _-..fItILl"l. .. . 1.........----rT r"", ~162 ' . r .' ~ '. .L . . ; ": 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. :r i 1 I ! ~ . , 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~ , ' 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. r-l I I I i I I L-.J .. ' 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. , .' o 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 '\ : '-: ,~ I I ; ( I f ------; 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 Pl LJ cClr1sideriltioninthe next five years. The plan is designed to provide projects but has flexibility andean be changed from year to year. ','-, Among items discussed by Council to recommend for policy development and cons iderati'on;byttienext Council were, as fo 11 ows : . ,I, ~ . n I i Ll '---1 i , '-----------' II;! :1' I (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'~ ' ' (c) ( d) 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. ' '(e) ( f) ~..... ; (g) Ki rby Dri ve: It"wasr.ecominendedthat"Robert Lindsey, on theZonirlg andPlannfng'Conimission,ask-: his students to . restudy Kirby Dri vel and use. .' .", 'l 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. (h) Iii I ';"11 'i':':-!ii1!;.lH9Jll__II" '.' 164 .~"'__"""!l!lIMl, I I 1 1 ,. -~- ~ 1 i-ry _ 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: '\ I f I \ ( -.-1 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. 1\ I I .~ 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 '\ I I ~ City Council Workshop Session, April 24, 1989 165 rl I I , : ''-..-' 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. '- f'..- ()_wj/U~ ~k1.' AudreyNi ols City'Secretary , Parks ... , -~ . ~ ! ! i ) \- i.i: .'1,' (O.r . :e:~'! ~ ~1.......- ~~~-,.- J....L......... .._ llVfllHt,{.; II I I IV 166.- ';; ~ - REGULAR:'CITY COUNCIL MffEnNG , ;,;; APRIL 24~~'1989, ,. ,J MuNICIP,AL :BUI'LDI.NG' ; 3800 UNIVERSITY BLVD. 7:30 P.M. l , ( I , -----' 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. f'j U 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 '\ I I i I ~ Regular City Council Meeting, April 24, 1989 n 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 ~ ., n u 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. , .' Voting Aye: Voting No: Absent: Mayor Parks, Councilmembers Bry.an, Bell, Britton, Schwartzel 'None' ' . "None; '. ~ " r L ,," ORDINANCE AMENDING THE FRANCHISE TO HOUSTON LIGHTING & POWER COMPANY: Mayor Parks 'presented Ordlnance Number 1343 tor first reading and readt~~~aption, as follows: .i' I 'I. l..!tlIHillII_'-_" . r 167 - . -- -.. 1II1J11tf.[.'j.('I: . I II . I 'I II1I il ;11 II: 1 I I IV ; 168 Regular City Council Meeting~ April 24; 1989 ORDINANCE NUMBER~1343 c--, , r I I . . . . . 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 . " . -..J . ' . 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'. -, : I : I, ! I I LJ I , . . . 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. J Regular City Council Meeti'fig; April 24, 1989 ~ r . ~.. - 169 u 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:: . " 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 ~. ; . , ." : " l' r-' ~I , ' , .. . , :-. "'!cr- . ~ 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~. "1 . ~ 1 ': ' ~. < . ' 'f: i ,. .:. , i Motion was made'by"COlirici 1 member ,Bryan, seconded by Councilmember Bel~, that Ordtnance Number '1346 .beiaccepted ,on0firstr~ading as 'pr~s'e1ited~'''''' ,..'. ''''''<:, "';, '".. :, __ . ~ I 'Mayor Parks invited discussion. . r: .~ '.' . . ' ..~ . l : "; - , . ,} t~ , , ;; . . ~ 1 . 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 ~ .~ ... _ l' ;.'. < C'ouncilmembers Britton, SC,hwartzel,.,;' ':',Mayor.'1 Parks; Councilmembers, Bryan, Bell "None:- "i. 1: ' ~ \ . ...-: ~ . r: ! ! I ! \- 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~': ') ,: ~ L~L-- I ~L- ',IOIU_I~_'" .. _!lllIlttt' I. ~'. -----rl r -~ , IIU ~ :; r 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. , > ~. 1 ~ ,,:~ ". I "", , . 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. I,': .' , ..- ~. . . . "'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'.-, -(~'",' , ' , I i I : '--.-I .), ... . . ~. .' 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 . ". ; ~ (1 :\' r-,.. ~ , , !' 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'~ " " ;. . ',~ ~ " ~ ~ ':, { I , ~ Councilmember Schwartzel agreed with Councilmember, ,Br,ttton. Regular City Council Meeting~ April :'24" 1989, 171 n ( I '-- 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, ,1 ,;' n \ i ,--' , :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" ;".-..,' '.'. ,-.. ~.. .,....-, j ) , I ) I , 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 ,_ . '.H . '_',~, __, , . ,," ., !,"; - .. ~.~ - . -',- 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 .' , ., " ", :..____lll{. --_ -II 1 I IV I '172 Regular City Council Meeting, April:24~ 1989 '\ ~. . .' '. 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 . ------ \ I ( I ._.J , ." 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~ ....---, I I I , i , 1 '---....I ! .'~: ~ : I,: I, ~. Michael L. Parks; Mayor :;; 'J.' ,;. , . . ". ~ " '. : F \ ~ '"'t ' . Beth Ann Bryal1' Mayor Pro Tem ';, ,"..' ; ~ '-,' t " :",; ~ , ,- .':~ ...~ '" ':- Buddy Bell, ~ouncilmember , ' "f:-~.. " H. L. Britton, Councilmember ,.,t '. '\ , :1 C. Boone Schwartzel, Councilmember ~ Regular City Council Meeting, April 24, 1989 ~ ':- r 1 73' rl "'---- ' 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. ' ' :,'~, ' n I : I : '--- 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. i, , , ,- " , ' 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.' ' I . ~ !~ I 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. . , ~ III I I I I ----.l.L..~_______L_ "'lii!<B;WlI_--"- 1'__!Il"'191i'l, 1------------'-1 I I II 174 Regular City touncil Meeting, April 24, 1989 .\ Voting Aye: Voting No: Absent: Mayor Parks, Counci 1 members Bryan:, Beill, Britton, Schwartzel None None -\ I I L 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 !) :~J $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 \ ( I ,~J 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 r---- ! I \ I I \ '------- , 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 L ~ ~ .j..l'B-l;dI!_1 .. " I'" .1__I_!lfRjlf.~l", II ' I I II "", ;.-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. . ' ,\ I j 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 , l , I ~ 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 , , 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. ~ I I I . \ I ~ Regular City Council Meeting, April 24, 1989 n ) 1 \ { '---- , Voting Aye: Voting No: Absent: t 177 I, 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 ~ \ . I : '-~ 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: III I I Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None II,i".[I,il;lt__1I ._. __IRMW-lt1t. 11-"""-- -~-~~~ 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 , I C-.J .. 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 n I ' I I i LJ a4Jdl~ ~ u rey N i H. 1 s City Secre ary '1 , , I--.J 1,79 r~" 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 G I I ' L 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 $52,:000 to re,move, repair and replace both pumps, be 'selected to' proviide this servic,e. This pri ce does not i nc 1 ude reCo:at tng the" :-;.nteri or or exteri or of either pump. The price does~include'thecrane rental and one year warranty. Councilmember Britton asked if the two bases could be tied together so that they do not slip in the future. Also, he suggested staff provide an improved1ndicatorfor the operator to know whether he is adding too muc~,Qr too little oil. Mr. Simpson assured him that problem was to be eliminated. Mayor Parks suggested it did not do any good to put new bearings in if the bases are not leveled. Councilmember Schwartzel inquired if staff could look at another company to coat the interior and exterior if it is cost effective. I j I I . '~I . "/I!\I--4UI___.. .- ,.. ..- ..... ___lI1'l'r!, II 'I. : I ~ 180 City Council Workshop Session, May 4, 1989 Bob Simpson recommended that,'Council authorize staff to proceed wi th Hahn & Cl ay because they :arEf loca 1 and they are the 1 east expensi ve. ,'; > -') I I \ ! L-.d Mayor Parks r~comlTIende<f tha:t ',i:.f it becomes apparent when the pump is down that the interior needs'to be ~oated,-Council consider contracting for c'6ating' at. th'at tim'e. ',' ' '," l.t . . . '. Motion 'was ma'de by; C,Quncilmemb'er Britton, seconded by CounG.ilrilembef'~:,$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. ' ", ;j I I U 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. } : ! : \.!., '~. ;. :l ;~ City Council Workshop Session, May 4, 1989 n 1-,.;#_ ~ "f" ~1j@.~L Audre Nic ls --- City Secretary " , " n ! . i r '-- :T , ''', :- ': Michael L. Parks ;. Mayor -, , . ,n 'f. .f..; r . .:.- 'r.", ,~\., , I ' ....: ~ r, I;. . n. . _"! ~ r:' ;r; r '; . ~, ;',,". 'y.: ,,\ ;;'> r . ~ ' .! . 1.(' . ';\ Or;' :181 ~~,.," I I' ." , , ,. r182 REGULAR CITY COUNCIL MEETING MAY 8, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. ~I , I ~J 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 j\ I i : i '----' ~ I \ I .~ Regular City Council Meeting~ 'May8, 1989 II \ : L.... 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. 1\ LI . , 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. ': I ~ , ", . 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. . ',' ., J' 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. , , 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. .~. ~ ,..-.. ! ) ~' . 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~, _ : , . -. \, ~ - ~ 'I - I " ; j' . CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that the consent agenda be approved in accordance with staff recommendation. , I l'IIHoo___I.-' f\ i~.~ r t83 ,I' _lIIMftl1Hl.1 -----r' II. I I III 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 '. ~ '.., ,'. 1 . 1 . 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. " , . ,', . J ~ 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",:;,,; ~ \ I I ~ 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:;' ;' ~ t , \ 'J' Regular City Council Meeting, May 8; 1989 n L! 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. ;'1" ' ":', ,."\"', :~; 1 . , , Voting Aye: Vdti,ng No: Absent: '," Mayor. Park.s, cou"-iicf1members "''S'chwar-tzel . ,:, .:'", ",' Coun<::'i 1 member!i:Bri'tton None . "," ~~. .~ B:ryan, 'Befl ~"., , ji LJ 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. _ " .' i :J:" :! , Ma~or Parks,~f0duncilmembers Br.Y~~, Bell, Brftton,; Schwartzel '- : i Voting No: None Absent: ' . None" ,2'" ;", ,Voting Aye: n , ,,1 .. ;",- .',' i.. 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. ..,. '" ," I~ I ! B;ryan ,Be:ll , Voting 'Aye: Voting, No':' Absent: May6r Pairks; CoU'nci 1 members Bri'ttorl; Schwartzel None',;) I: 'No'ne' :', ,!) ~~ .. ;, . L L--- ~ .... -. ,"......-- f lB5 ," ? ; 186 11___R'IIur 1 I I!,.!I , II: . I , IW Regular City Council Meeting,. May;8r,1989 IF-'' ~ .. r 1988 AUDIT: Consideration~wasgiv~n~tothe invoice in the amount of $14,000.00 submitted by Peat Marwick Main & Co., in connection with/the'annual audit.-of thecity's 'financial statements for the year:~nded" December 3:1;:1988.~..I'r, ') '" -------- ! ",-r, "\' .' t.. , ' ' " ~ ' . : ~" 'j e' ~ t" ,. Motion was made by Councilmember Bryan, seconded by Councilmember Bell, that'the .invoicein the:.., amount 'of'$l4,OOO:~00 submitted by Peat'Marwick Main ,& Co~ ;~"ibel approved for ,payment. .. ' . . -: : : . : ';-,' ~: ~ ~. , , , Bryan,: Bell , Voting Aye: ;t (:Voti n.g No'.::') ',' Absent: '1 ;' Mayor Parks, Councilmemb~rs Britton" Schwartzel , None'; '\ ..~:,'," I' ',: ' None' :' ',' , " " , ..~::~t< 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:' " . " Mayor Parks, Councilmembers Britton, Schwartzel . None' r ': ~,r.;\." :'~ ;,: r " 'j None ,; ;'; .', ~ I ! I i U Bryan,. Bell , . . j J ~ ,. ' .',:' 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.: ",,- ,; . ~, ~ ~, ' :'1" ~. ::1>) , ,;: 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: ~, 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, -, " . '.; Voting Aye: Voting No: Absent: , Mayor Parks, Cou nci 1 members.. Britton, Schwartzel No'ne: None Bryan, Bell, I' , ,< ~ 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 L ' (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. , ' , ,,- 'J Voting Aye: Mayor Parks, Councilmembers Bryan, Bell, , B:r:itton ,S,chwartzel , ' Voting No: None Absent: " Non'e " ~ ; , ..J CITY COUNCIL MEETING MINUTES: ' Minutes' of the City Council meetings "were\ presented, ':as fol:lo:wls-: .":.\ )~' I I I L ' ,. . .~ ~ ,~ . III, .' ll'tl'.__ '^ , IB7 .'___ilJi--1m.I:I. I ~T JUT' , I ~ II ~,..". lR8 Regular City Council Meeting, May 8, 1989 City CounCil Workshop Session, April 24~ ,1989; ! (a') : (~) (c) _ r ~ ' ! City CounCiFRegular Sess,ion,,:Apr;il 24, 1989; and i ~J City Council~orkshop Session, May 4, 1989. , i. 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. \ i I ~-.-J 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 ~ t I ~J Regular City Councii Meeting,;'May 8.,1989:' I~ I ' , I , '- 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:' ".,.. I ~ (-. ,--, L' -'.. , 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' ( I I I \.- Precinct #183 Precinct #133, Precinct #87 Precinct #15 Absentee TOTAL III 1.I1tlfllllll__.I- .. .~ .189 L'~' _'_'J -I o ,.-1' ):0 r- . ):0-0-0-0-0 0"""'5 -S -S -S III CD CD CD CD CD(")(")(")(") ::s ............ -"'. ..... rl-::l::l::l::l CD(")(")(")(") CD rl- rl- rl- rl- "ll:: "ll:: "ll:: "ll:: ..... 00 ........... c..n ....., W,OO W,W ,:.,.. .N W o .....NWNN, c..n (0 ..... 0 en' .j:::o c..n ..... 00 N: c..n o o .......... ..... ~.....~000 00 \0 c..n W c..n .):0 :s: lTJ, E3,; :s:' lTJ! . :z -I :z o ....., -I ,0' -I ):0 r- . ):0-0-0-0-0 C--S-S-S-S III CD CD CD CD CD(")(")(")(") ::s ....................... rl-::l::l::l::l CD(")(")(")(") CDr+rl-rl-rl- "ll::"ll::"ll::=l:i:: ..... 00.......... o;.....,Woo WW ....i ,~ '" ..... .....WWNW .....,c..n00~0 \O~N~N ..... .\0 o .....Wc..nW~ 0'1\000000 ):0 :s: lTJ :z o :s: lTJ :z -I :z o en ):::0-0-0-0-0 C--S-S-S-S III CD CD CD CD CD (")(") (")(") ::s ........................ rl-::l::l::l::l CD(")(")(")(") CDrl-rl-rl-rl- "ll::"'*=,"ll::"ll:: I'-' 00 ..... ..... c..n ....., W 00 ,.. 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Regular City Council Meeting, May 8, 1989 <19.1 [ 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 r i i I L --'~. .h.. ._ ~nf"~,.- 1.1 ,-- ----------,...,.. . I II' t I III 192 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. ~ i I I I I _I II I I U 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 I I '. j I L..J Regular City Council Meeting, May 8, 1989 ' :u 11 I ' 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. tl I I L: 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 ~ " , '. " .::; . Michael Park's passed the gavel to Mayor Hig'leyandthe;n,ew City Council was, seated at the cou'ncil table.' L.......... ~ II' .11 GlI-Ji.IIIIlIIII__.. ;\ ~', ~ '- 193 , 1 194 __lUll,,- I I II 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.. . ' .~ I i , ~ 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' . . '. ~, . - ,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 [) i ~J ~ i :---.J Regular City Council Meeting, May 8, 1989 195 o [1 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. "-~ Coundlmembers Voting Aye: Council members Voting No : Councilmembers ,;l .. .... 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. ~11Lcl_____I__~___ L,,-:ll < __~~_~-,--:'I 1___ ;-IH..f.IWIli___..' .- . .....-... . . . rn~tn'!l' j, II . I I I 11.1 I II I I I IV 196 Regular City Council Meeting~ May'8, 1989" Voting;Aye :" Voting No:: Absent: "Mayor Higley; Councilmembers Bell, Jenkins, Rede~~r:; Watson None None l ,-~ .. .. ~ .: . , 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 ~ ~ I I i , iJ Regular City Council Meeting, May 8, 1989:' 1'9-7 11 11 L~ 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. I I I I L...-...- '1___~!lrHl" ----,-- _.~ - I -11 I I IV ';, 1 198 Regular City Counci1 Meeting, May"8, 1989 '.. STAFF REPORT: ' ;1 f,:'; 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: , t' ' ,) Mayor Higley announced that there would be a reception at the Senior Wing of the Community Building and invited all to attend. , . .. .-~,; ,. 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. !Il 1\ i ~j Michael L'iParks Mayor t;\; . '1 " ~.~ AudreyNi hoTs . ',' City Secretary 'J :}' f ;...., :--~ :'. I;" 1 ,';'1. \: ll;' I i I J 1 ", ~ _~ "~ ':; 199 1-; CITY COUNCIL WORKSHOP.' SESSION MAY 15, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. !., 7: 00 P. M . , ' .,; 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: n 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" " . , 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. . , 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,,:, . I~~I '------' 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. " .. " ',:' ' , " 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 1\1 : "1\. '1 '-jl'"!I~teD:cI!lII_l. 200 t, ,t 1I___IlR'lY1t,"!,lr. ~-- I' .! III I 1.1 II 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. 1 '---. i ~ 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. . II i . J 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. " , 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. \ i j I I I I ~ City Council Workshop Session, May'15, 1989 201 i-l 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. .. \ '~_I " : :1';. .< 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: , ,', Mayor Higley',;CQuncilmenibe.rs , Redeker, Watson' None' in:,' None ;. :" d:, ~ . 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. t., .,......_ ,.. DISCUSS PROCEDURES FOR BOARDS/COMMITTEE INfERVIEWS:, ~ '. r ~ '., "< ~ '. .~. ~ 1 -' 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. : 'f'" . .,.'-"t.'1 :l'; \ r I I ,~ 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. . '" .', ". ' ';\ :.1 >,.J. .: '.: ,.' Councilme~b~r ~,~l~;'S list consi,~te,d..of the fQllowing: I i ': 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 .1~__$II.'l" I I II 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~ ' : ~ '----..-J '( .'~; r 1'; 'j , , Councilmember Watson's list was mostly covered by Councilmember Bell, but,he provided additional items, as follows: f ~~ " , \ ~"' , ~ ' . 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: , I . ....;.); , " 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 'I I i 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. ' "'," ,....;.!.'; ;. --.-1 .i- City Council Workshop Sessioti"May}15, 19B9 " ii I ' ! I 1. 2. 3. 4. 5:. 6. 7. 8. 9. 10. , 11. 12. I: L: STAFF REPORT: :; ;' Mayor Higley pres'entedTth:;~f~:l1~wiflg~' 13. 14. , , 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. ~ II I I . 'II I I~I IlltMII.......I. ~\. 203 I"'WW, 204 City Council Workshop Sess;jotJ, f!1ayv)5,. 1989,;,":' {'f. II. I I III 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.'" , ;.; ,., ADdQURNMENT% " : t', '.. :. , " . ; ~.: - ' . . t~, ~ ~ . , j . f~ f' '," : I .. , 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. , . .. ""(), '. ",' '; '1,'; , " \ I. . . ".' >.; .~ ," -\':- . r: Q~ AuiiA-h~l~. . City Secretary . ...., I r " I. >'. f;' , . .;:} ".~{l; ,. . ~~:'} ~ : . . ;",. I.., [; ;; . . , l1 : ,::.'id..~ ::. ,- .,.',/ " ,r., . C'\01',V~ ,',- "!' ell ;. .'1;lt',. ",rr , , J.' ij:.", , r ' 't" ,', . :';"L ~; . ~, . . . . .: ..l:. ..c", .. Laura ,C.' Higley,. Mayor ,j . :'~ i 1 ',: ; . . _ l~ .j.' <,,0' 1-.1 -."...... . .. , " .~ f: " ..;, :. .:,} . ," ",t." -It: " , " " ( ~ ~ ',};" ~l ~J 205 n 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..'."',:",,;' . ," ,'1 n L 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 , ,,0., t,,_' \ >~. ~. II I I I I I-----..-J 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 '----'--- . I .l . "1.->........-- .. I' IltIQ!nld '" .1 I ---------r---------T--.-.-, II I I III.. I} ." 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. . ,",,' " l ! 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 I I ~ 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 ~ ,_." l 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 ...., , , ~, J Voting No: None Regular City Council Meeting, May 22,'1989 ',_,1 ;'\ \' 207 .' . <:.:> ,"', [ 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 . : :- , Voting No: None Absent: None . ;. ~ 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. n I \ L-1 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, . , , . '1!' , -;! 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 : " <"~ ,\ 'Absent: None " I i '~' ,---: i : I i i i 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. II I I . I 'q~~l!IJ__I.- . ..... ... __'I'nl,l,ll -II ~ .. (~~.~: 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. "'~: ~{ -\ I i ----.J 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: 'j; , "- Mayor Higley, Councilmembers Bell, Jenkins, Redeker, 'Watson' , .. Voting No: None Absent: . 'None ' " . -'. . ,~ . 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 .'.'.' ,. II ~ , , Motion was ma:deby CouncilmemberSell" seconded by Councilmember Redeker, that the invoice of $5,466.59 submitted by TapleyjLunow Architectsbe,approved'for payment. -- , ' ~ . ~ . ~ . 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: . . . } - , . . .(a) City Council Regular',Session"May 8, 1989, and , . (b) City.Council' Workshop Session; May 15, 1989. L-.: Regular City Council Meeting, May 22,'1989 ~ ;.. "\.: 20~ n 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. o 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. ~ I I L-; 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. , , .11 . , . ..- .....--..- ... "___III'lfl"fI',,!, II... .1 1 I I II . ',,: 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. ------1 .. Lau.ra C. Hi gl ey Mayor Shell eyCha<ndl er Assistant City Secretary ~I ---1 J ( , 211 u CITY COUNCIL'WORKSj-iOP,SESSION MONDAY., 'MAY' 2'2~1989 ' I ,'MUNICIPAL ,BUlt:DlN.G , 3800 UNIVERSITY: BLVn.,. 7:00 P.M. ) . ., ~: ; . .,! .- , . ~ , . ~ ..J. " ~ 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. ') , ,-- i' HEARING OF RESIDENTS t~ r There were none present who ~wished '~to speak.~,. "l STAFF REPORT - AGENDA REVIEW . {1' ' ; -1 ~, I 'I ; ~ . - . <.'/, Mayor Hi gl ey revi ewed ,the 'consent agenda pr-ocedures." .' . . : ~I.' '.: l' .' n LJ 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 . ' Voting No: None ~b~ent:', None; ,',," ...~ i:' RECONVENE WORKSHOP '. .i . > I,", 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." ''', :.'(;'>'''''''',,;;, rr I ' I : , ' . I I ' LJ ., . 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;. _~ IR>tIlf:'HI- II' '~ . IY ,. .; ; . 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. I , 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. II U 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.: ~ ' - 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 . I L.......i 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 n i I LJ 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 n I ; LJ 11'1 I. t , ',"p'."; ,1Ii'I'-HI:.___'I, . ;.. .~ :. 2'14 "___!llI'W-flllll ~-~ CITY COUNCIL WORKSH0P SESSION' . THURSDAY, JUNE \8, 1989 .MUNICIPAL BU1LDING 3800 UNIVERSITY BLVD. 7 : 00: P'. M . I I . i '---' "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. f: ! j , o........-J 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. I ~ City Council Workshop Session, June 8, 1989 . t ,,- , ~ ~ .5>"'~ . J". "_,,, 215 r ( L....-' 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 , --r- 2 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. '" ' , r. L; 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. . ,;,. > i; 1 I 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. ,,; , . , , 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. .:: ~ < t " 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 .,,,: r;~ r J ) I L- ,". \ ;, : .i~' ..' ,. _, . '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 , I ~ Jl L :j!I.I'1lIi__I.~ -., I . , 1) ,~ 216 City Council Workshop Session, June 8,1989'-, 'planned to~have another school constructed in the area to alleviateth~ overcrowding }\ i 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. ~ .. 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. ~\ ! ,~ .;- l~: Councilmember,'He'''' asked if; the buildings cou.1d be moved into the . City-without inj'urytothe trees. " " 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 \ '----..i City Council Workshop Session, June 8, 1989 , ,217 o 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: o , 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. 'I 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 ~- ,. I '''-;-.QU...'illi___''-.. _1'___IIlil*Il,l, ~~~ ',' 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. ( '----' 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. ,; ., 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. , " 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. ~\ I u 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. ~.; ., j . -" 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. ' . I.' . 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 ) --.J City Council Workshop Session, June 8, 1989 , ;.: 219 [J 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 o 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. r- j ( i / L II I I ..!H;I:",___II : \' 220 City Council Workshop'Session,June :8, 1989 ' ADJOURNMENT, .' ;----} I 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. ~ , , 'Lau.ra. C. Higley Mayor QU~f@. ~d' udrey N hols . -( City Secretary,. ' ~ . , I , U . .i ," , , . \.i ----\ i ! I i I ~ ;,-- 221 " -' " '.. n LJ 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 " n \ 1 L_-' 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 , , Counci:lmember Bell came ;in at this ;point. , 'I 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. r--- ; Mayor Higley, commented the, Inspection Division was short a person and a half. ~ 'II ~!Im1.I!f:! , I I 111',1 I III I I I IV " 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. ~ I ! I ~ 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. II 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. 1\ I j ~ 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; ~ I LJ City Council Workshop Session, June 12, 1989, ~. ~ 223- n (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~ " (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. [i 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 .. affirmatively. ' ,., j i ~ _ I 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. if DISCUSS VEHICLE USE POLICY r~ I I ; . + 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. , I 'II "'1 ,!1",!.llm__11 ......___!IIt',fJPU\.j ,J, ,I. II,' ,: , 11'1 I I I I. .~ ," 2,24 City Council Workshop' SessJon, June; 12,' 1989 RECESS. : ' :\ I J 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. , , ..; I, : 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. . '., . ("', 11 , f i I I ;~ 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. '( , J I i ) ( LJ City Council Workshop Session, June 12, 1989 225' n lJ 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 Ii ; \, L-.; r I . I I I ;.) \- L ,. I _ ---....L......-.. ;; I :i'.;h..HJiJl:l_-'--'. ..II___m;IN-lfl ~I~ .~l~r " I I I II ,."".-~'"!. r ..." "',"',..".; 226 ,', REGULAR CITY COUNCIL MEETING MONDAY, JUNE 12, 1989 ~UNdCIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. \ I I I I --....-1 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. n ; ) . I ~ 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 l j " Regular City Council Meeting, June 12, 1989 227 ~.:. ,-, r' '----- 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: ~ I . ,,-,I 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 L- . . '. 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, . ,;':- : .; " I.' . 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. ~; _.. il:..~ -,<-'\ 228 - .. II. I I fl Regular City Council Meeting, June 12, 1989 , . ; 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. ---1 , ~ 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: ----. \ i , I I i ',----"" ;' .. . 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 I I i j ----.-l Regular City Council Meeting" June 12, 1~89 n ~ 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 ;: , II 1 : '---' 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,. ' ,; , ; " : :. ~ i i Voting Aye: Voting No: Absent: '. :, Mayor Higley,,:C.o,uncilmembers:;-Bell, Jenkins, Redeker, Watson:: , None None " 1 l' ~ 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. r~' ! 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,,) L-. '1Io.llllitonlM!__..- , I i. ~ " p 229 .' ~ n .. _ilKiU'M 1 .11 I I Ir ~_~. " , -:' 230 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: '-..-.-1 (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 I -.;; "" (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.",' -----" , '---../ ., ~ Hea,ri ng' no further quest~ons, Mayor, Hig:l ey c,a 11 ed for a vote. .' '. , ~: ; j Voting Aye: Mayor ,Higley, Councilmembers Bell, Jenkins, Redeker, Watson Voting No::, ' Non'e. Absent: None. ,~~ ,~ : (~ 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 . { ; I ---....-1 Regular City Council Meeting:, June 12, 1989 n LJ 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 [J 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. . '. , 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. I:; I'; . , Councilmember Jenkinsja~ked ffallthe documents were complete and Mr. Dougherty replied affirmatively. II I ' , , LJ 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.. I ., , .~ ~_._- , , 231 -". ____'!fl." II 'II I I !V ~ ~. .:.! . . .~"1 232 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. -: '-----...-i 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. , ' , Voting Aye:, Mayor H,igJey, Councilmembers Bell, Jenkins, Redeker, Watson Voting No: None , Absent: None , i I l : I i LJ 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; . .'.; ! (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;, ; . ~ "J (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 $21,410.91 submitted by Langford Engineering Inc., be, approved for payment as listed. " I , / . f I , U Regular City Council Meeting, June 12, 1989 o Mayor. Higl ey i nvite,d: discu$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. o 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 r~~ u 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. 01., II' I' :':;-ilfltltllll_I..- .''''.1__'''.'' ;,c. 0:', }- '. , ,233 1I__lIffill-l!i'., '11, . ! II. I i I II ,. 234 Regular City Council Meeting, June 12, 1989 Voting Aye: } Mayor Hig.ley" :Counctlmembers Bell, Jenkins, .' Redeker, Watson 'None " None '-I 'I I i .L....J ; 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. ......u"-l :1,'.., ) 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. . " " ',.I . ,'.,J '; I " Laura-C. Higley Mayor ~fl 1..1., Audrey Ni h ls e City Secre ary " 'I ') \ I I ! --....-1 )1- . ,. t . . \ , ' , \ f ~ 235 r\ II j I L~ 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 n ! -i 'L_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: 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~, ;, JU.__J__ l:_ , . "011 . - _ . _ '-~, I ~ J __,~: _J' .~,; JH';-!dlw&1IdI '. .:..___.,fitUI11".1. I 1 I It' ,I II 1 ! I' 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. l\ : ( ; I ~ 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. (I I , i i U . \ , ., 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. '\ ! '---..J City Council Workshop Session, June 22;,1989 ' 237 {I \ I 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 [l 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. -- , L- III I I .'hl.IU"W_- - . ~."'___""'"'' ., I. I." I I . ~ 1 238 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. ~\ , I I i -----.-J . . . , .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 I '. . ~ .:' '.; "" ' 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. ... '". .(-\', . .. , I. .:, I. ; ,La.ura C.Higley '., Mayor:, , ~..~ Audrey N;ic ol~'" . City Secretary :j.. ~ 1 I i. f~ ; I :~ :'., . i..!.... ; ,; ; " I.:~ i . ....!l . .' . <.; 't. i i I I. ~. { : f {> 23~ I n I I \ : 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 1\ I I \ i '--.1 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 ' ;, At the conclusion of the scheduled interviews, Mayor Higley reconvened the w6rkshop~ession' at 7:03 p.m. ,. ' J DISCUSS CODE VIOLATION CITATION AUTHORITY .. <.. Ii' , ~ ~ i City Attorn'ey, Jim Dougherty, reviewed proposed code enforcement '. ... procedures, as fo 1 lows :' " '.' ~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 ~: r I L~ 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. 11 I I I II '1 .'!r!JUH:lf1I__IJ" __lM'l1Httlll' 1~' ~~ l-rTT ,. :. " ' ..: ~ 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). ~\ I i I ~...-.1 -. 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). II , I U 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. ~ j i , LJ City Council Workshop Session, July 3, 1989 ~ : 241 n I I : I 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 , i . , 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 ;, ," I " n I '--- 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. , 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., , ,.,,' ',:,;.' . ,;' 'f .. ., 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. ,', ,- /" .' . , 1" j . . .. :.I .' ~.: J . ,. : . c 1,., I~' .' : <' --: ~.t \ '-..::., "!' . . .' "",, ' i"" r ..I'-__.1l1tll','1 I~-------'--- I~ I 1 I I III ~ f.J }' ' 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. :~ ; I I _.."J ; . . (,:.. I STAFF REPORT' - AGENDA REVIEW" . , , , '- 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 .,,1 ,'j,. Mayor Higley recessed the workshop session at 7:28 p..m., to convene in 'regular session. ;. RECONVENE WORKSHOP SESSION ,J . t . ~. . : I ' . '" .'... 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:. . "'; Ii I ---...J .. " 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. , j : ; "t" 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~. " .. .. 'J. RECESS WORKSMOP SEs'SJONTO' GOINTO:,CtOSt:O EXECUTIVE .SESSION ",. "'(' l .')' '1" :;, ,It 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. \ 1 I LJ City Council Workshop'Session, July 3, 1989 243 [I I I , I '-----" 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 ad~- Audrey 1 ols Ci ty Secretary o '1'1 I I '1, ~::'j_-Hlltl'i!II___11 1 o 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. o "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. " _:"; ~ ,.;l " t:: , 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. o . . CONSENT AGENDA: Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that the consent agenda be appr.oved in accordance with staff recommendation. li:.~" ' .. ; I "<"1 "',;iL'!;.!i~ilIIIilIl""_II".- -~_i ....j i i I 1 I I ._~___~~~~_-.J ,..----..-.",. --. 1-- t::. 1 ' '-' 2 Regular City Council Meeting, July 3, 1989 Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None I ~ 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, I ...., I I , I ~ 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. -I I , I I U Regular City Council Meeting, July 3', 1989 3 D . 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 ! ~ : ,; I," Jim Jenkins, COI!lncilmemIDer I, Janet ~. Redeker, : i ,'CouncBmember ,/ -' ~ ! 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. 'tl.iUlllilllMlll__.I' 4 ..___llftl11l1 j----.- -.~ -.r--~ ~ ---r-"-rr Regular City Council Meeting, July:3, 1989 . Voting Aye.: Votfng No: Absent: MayorH.igley_,. Councilmembers Bell, Jenkins, Redeker., Watson None None -----, : I ~ 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 r----- : I J 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. II JI 1 Regular City Council Meeting, July 3, 1989 5 [ 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. ~J - STAFF REPORT: City Manager, Richard Rockenbaugh, had nothing further for Council's consideration at this time. .!- 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. ..~w~ (}-!.{i.<~ ~vt.d. Audrey Ni hol s City Secretary n 1- j " (J .a.... __ -'-_ - ~ ........... . --'-----L..... -" ".~.._._....... .1__I_!lI''l''lI' ---r ... =-' 1 ~. 'IJ' 6 CITY COUNCIL WORKSHOP SESSION MONDAY, JULY 10, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:00 P.M. I ~ 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. [-I I ~ 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 I i~ City Council Workshop Session, July 10, 1989 7 D 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 ~i.,'.',. i i : i ] '" 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,. I' i . ,;, .> ~ r~..cj ;:: 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. ., _'I _,_ I L__ . ,".'l~I-1IlI-'-__I.' -- --- .'--'-------------- -----.-- - ,..--__~"~~' ~ ~ '~ - '-V 8 City Council Workshop Session, July 10, 1989 Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Je:nkins, Redeker, Watson None None I ~ 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, III I I~ City Council Workshop Session, July 10, 1989 9 [1 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 .,'! . ' . ~__L___ ,_..i.I.', .___.:.-':::_~ .--1-__._ ;iHiili~___II' "___lIl11tlt1"1ig'" .~ .--: ~. . ':I 10 REGULAR CITY COUNCIL MEETING MONDAY, JULY 10,. 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. 1 ~ 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 I i ---J Regular City Council Meeting, July 10, 1989 11 [ 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 ~ .', , -l_ 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: ,"__1_'<'""1 " ..,- v- . 12 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 1 ':""":::1 t I ! -----.J ~ 13 Regular City Council Meeting, July 10, 1989 [] 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: I I.' ;:. ., n I I~ 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 I !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~ - j' 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: I ' L-' 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: I I 1 no, i!,;f_;r~iilIIIIIl__I.- .1___~"11-l' .- T~~ F 14 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 , 'f , I I '------' -----.J l~ Regular City Council Meeting, July 10, 1989 n lJ 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. , r'..l ! ':. : ".'..' COMPLAINT & FILING PROCEDURES , , 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. r-- ! 1 i ' L-' Mati on was made by Councilmember Bell ,seconded. by Counci lmember Jenkins, that thel.Code Enfo.rcement Procedures be adopted. Mayor Higley invited discussion. .....,...----.... . n........... _~ __,_------'----'.__J::: .-----..... ".............--...... ,I ._!!It'Ul1f' .- ..- ' , TIJ 16 Regular City Council Meeting, July 10, 1989 Councilmember Jenkins suggested the following amendments: ; i (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).. ----' (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: i i ---..J 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. , ) , , i .............- Regular City Council Meeting"July 10, ,1989 17 n U 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: L (a), Monthly Estimate .No~, 5 ;,ntheamount ot $105.,615.98 ,for work performed. through i June;23, '1989,;-and. , . , , (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. ,.---. I I L' Voting Aye: Voting No: Absent: Mayor Hi gl ey, Councilmembers B~Jl,. Jenki ns, Redeker, Watson None None ._-".... c~ ....---'~ '----'--lIJ" Cl 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: ~--l '---' (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. , I , I I ! i : ~ 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. ~~ ,,' , Mayor au~ AUdreY~OlS City Secretary --I I I , 1 ; j '~ 19 o CITY COUNCIL WORKSHOP SESSION THURSDAY, JULY 20, 1989 , ; 'MUNI\CIPAL,.BUILDING : ,3800' UNIV~RSIl'Y BLVD. , 'J 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 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: c I 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. ' ,'1 " : I RECESS WORKSHOP SESSION,TO,GO,INTOICLOSED,EXECUTIV[ SESSION I '---- 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. ". ,{t.fllI'.ulI_ili.-. ,....__.._onltntl ---. ......- ~--, "-yr-" 1 .=...:r:Jr 20 City Council Workshop Session, July 20, 1989 RECONVENE WORKSHOP SESSION 'i 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. i , ~ 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: ,. . ,-, , . . ...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. I ! J ~ 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. 1 I 1 I I ------J 21 City Council Workshop Sesston, Ju.l:}' 1.20,,',1989 o '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. c ...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, ,....i: 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.,' . , , , 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' ; [ . - \ ' 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, ......__,........',") '~ ,..............- -. r- T--:""":'I 22 City Council Workshop Sess;:on, July 20, 1989 the police department .wi,ll not 'be able 'to use the radio or computer equipment. ----.J 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: I I ~ '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. J 23 City Council Workshop'Session; July 20, 1989 o 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. -'- . 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'.' - ~ \ I 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 " i ji. L - II, r- Htlfkitll_II' .'___,_~ ,., I ~..,-' --.::J~-- 1::...:"'-""'" L-:-.-..::I -, 24 City Council Workshop Session, July 20, 1989 DISCUSS IGNASH CONTRACT RESTRICTIONS ------, I. I 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. _--.J 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. I ~ 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. I I , i U 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. .~~~~ (b~ ~ Audrey N~O s ' City Secretary r~~! r-: I I \- ';-. II, . I ;.1 il"tJEIfI;.....___11 25, ,.._..._R_I".....""..,..., T- ~'----r- '....-~~---,.,- v'-'-' .---.-, 26 CITY COUNCIL WORKSHOP SESSION MONDAY, JULY 24, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:00 P.M. -, ; ~ 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. i I L---> City Council Workshop Session, July 24, 1989 27 o 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 i' [-I 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: -.... '~~- ...-;:-'. ;~II" 28 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 ~ I I ----.J 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 ' ~I i ~ 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. ~ City Council Workshop Session, July 24, 1989 29, Q , 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. JL.,_ i ~ _-------LI. ~~ ,~ "i..lt~___'. ..'___._'!Il'I~'r, , ' -, E:" , 1.1t" 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. ~~ ~ rJ fa Audrey ~OlS~ City Secretary J '-I ~ 31 [ 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. _...LI. . ,.._.------.:,-'--'~..; ,~ ""-"''-11____'_-:- ,.___'llFUlll -.- ~ ~- T!"c 'l.::rJl.. 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. I I ---.J 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. 1 I ,J 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 I I ~ Regular City Council Meetin'g,Ju.ly24, 1989 33' c 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 I 1 . 1- 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& -, _'m"I'nI" , ....--, ~.- r-' "1-' 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 ~ 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. d~~rfzj Mayor fJtr~f~o~ City Secretary ; ~ 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"""""""---' ..I__~I_'lj'ti!ltr ." ~ r,......--------,' ..,.....---,. 36 City Council Workshop Session, July 31, 1989 6~ Mayor . 2 1 T -JI: i I ~ I '---" I o....-! 31 o 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 '.' ., ,.,__.._...."" .- '~~'- '~- T -.....,,. 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. ----., I I I ~ 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 ~ 39 City Council Workshop Session, August 14, 1989 n LJ 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. I' I I i. 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. J[.~i .;.._.iL :__..,_.~L_ ,.. __L.. i;"L:ruUHllilI___II- ,.'_._II_~~'H" , .--- '---y-----:,--------.... V'- 1-1 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. i -~ fl LJ [ . ~ , L 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', ! ;', c. , There were none present who wished to speak concerning an agenda '1tem~ ,.',';. "" ;~ j"." ,,' '1, ,,' ,'j. l"'~ ) .. 'j 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, ~,---- , .._~-,.~, '''"~b''_.__''''.'' ,. lIIIIl_r~ ' . ~ ---------'---.---r'lJ" 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. ------, I ! i ~ , 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. . , ) I ! " -----J 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 ) I ~ 43 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 " n , I I , 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, - - ~-~-----.--- -.-- ., _lI<rlO!,' .-- '... ~' , -'-11 44 Regular City Council Meeting, August 14, 1989 approves and confirms such notices and the contents and posting thereof. -l l ~ 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. , 1 ~ 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 I LJ Regular City Council Meeting, August 14, 1989 45 ;0\, ' ! 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. i r ,:, " . ; , ~,::, . 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: " (.'- ') , 'I i"; Mayor Pro Tern Bell, Redeker;, 'Watson None " .sMayeriHigley, ( . Councilmembers Jenkins, J 'L:~' 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. :r-- L 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: , . ,'.',,11.>>1'___'.' .'___""'-1'P", ." ~~_. .....---- 1 r TlI' 46 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. ' I 1 u 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. -, J I ) I I '----.J " '[ . , ~. jdt- Buddy Bel Mayor Pro Tern (1, .~ AUdre~o 1 s- City Secr tary , 'JI . ! i LJ 47,' o '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. , .I" 4 ~'" ~ HEARl NG OF:RESIDENTS: i ~, , ; " ." [ 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. I' \ . L , " (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. _..u --:.t--r-....- ,"__,_m'l""" L - ........-:--~;--~ - ~-' ~T---------r-y 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,. --\ L....J j , ' 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. -, I . I j ~ . 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. I '-----..J City Council Workshop Session, August 24, '1989 49 c 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~ ' .jt' : [ 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 " '"" , i Mayor Higley suggested Council cons:ider, discussing the green space fee and asked Mark Spradling. and Reid Wilson to join the discussion. , .' 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. , [' , . 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. ! , .ILL.._~i .-::::a ___~ .L....... ""lilll___II"' .,____.......'"' -.. ..::J~-~ r~ . ':I 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. , I ~ 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 ----.J City Council Workshop Ses:sion, Augus:t 24,. 1989 51 o ,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~ I' L. 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. ~ .....--- .... ..----..-.."",..., .' "'-r--- ~--. '-r~ -, 52 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'. ' -, ----1 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. '1:: . __ ___.......~ , 'P 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. . , , , 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. . ',' ! 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. r- ! ! , ~ 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 ;-l ( ~ City Council Workshop Session, August .24, 1989 53~ .' o 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 n ,U 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. n - ,-, - -- ...........,-' 54 _ _ _~ _~ ---,--,::.:.L-,_, _ ....,........---,. - .....--. , -'-----.. Ci ty Counci 1 Workshop Sess i on, August 24" 1989 :1 , ! u Audrey Nichols City Secretary :-1 U ] 55 o 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. ~ DISCUSS AND CONSIDER AMENDMENT TO THE BY-LAWS FOR FRIENDS OF WEST UNIVERSITY PARK FUND o 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 lJ , . 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. ,-- 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 II, . " :- I ,.i'11_dl'4IlI......_.. "-"1"-' - ,--~-~,~-,- ,., __""""~" .' ~-_._~ TF""""""" 1 -,- 1If 56' 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. ~I I , L.J 1\ LJ 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. ..-\. ; I i LJ City Council Workshop Session, August 28,1989 57 o 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....:..:.:.-_~_ ., -"..".....' ~ I.::=.:.... ~ 58 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. 'I '----.J 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. -I .----" COUNCIL COMMENTS II I I I 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. -\ ;j 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 ~ao~ Cl ty Seer ary \! I i....; n . I .. j,'. ,!';,'ni,~~lIIilIII- ..- ___~__"~~~_~'__ u_____~--,-"-" ,_,_ , --~ --- "'~,--, - "___,_'''''''''' .- ~, r- -, --~ 60 REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 28, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. ,l ~ 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 . ~I LJ 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 '-I , , I LJ 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'~--~'-'-'-'- -.--L----- - ,- -, ~=' ,. "____'_n"l"'" . ~ '~ '~ -, 62. 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. ~ I i U PASSED AND APPROVED this 28th day of Auqust , 1989. Councilmembers Voting,Aye: Councilmembers Voting No: Councilmembers Absent: . Laura C. Hi gl ey, Mayor I , LJ 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 . I '~ 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 , " 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-.....--- - - --'-_---'--'-'.1----'--- ' ..__........._n-< , ~ -y-.---"T.::::..." ~ - ~ ~..... .. -, 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. I ~ Laura C. Higley, Mayor ATTEST: APPROVED AS TO FORM: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) :-\ 1 J 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 IJ Regular City Council Meeting, August 28, 1989 65 D 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. n l~ , . 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 ,- 1_, . -,I. : ,. "-1' ~ I. ~'_i:__-,--:...iJ~~"I'('Ir!I.U1Ui_I___" .....'T...,.. - - - ----,--i-- - ~- _ -"-------'~ .,.,- "'"'I"'" "T-----'---------' , T.:::-_ , ''''- 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 ~ 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. ~1 I ~ , 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 , - """-...- " "O~J~~~___ ._. ___IlIt'I!!l~'1 '1' ................ ....... 1----' '"'If , 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 ~ 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: -I u 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. i L , ; 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 ." . ;", ;;"',c,'!lllclil:nll___" 6i9 .".'......-)...1 --l~---U ------'-T--- - ------'-- - ....:....__,--.w.cL.:."..., ' ~~-""""""'- ~ ~ ,~ 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 ~ 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. I I I L-J 71 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:, . .. .. ..... -~ I ~I.'''''____I. ' ,. __ ~__ - .,_ _~___ ,.=~.I ,..__._t1I1SQN'~'''''1 ...........--r-, -'-.:r::::= 'T T ,. ., 72, 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. ~ 'I I , 1 '---' 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. i ! J ~ 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 JL..., ..,__.... .....:'.-'.~L,. ,.' "'i"'.llI~4Sj_ _1.'- J"--" ~--b--------- ~-- - - - .;....-'---'--'-"-~-- - ---, - ...,.,.....----- 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 , . --. ~ 1"1. '~ I '"---' -I i ~ 7'5, 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",,,__,.' ~ _ ___ _~~"c:.'--=':":'" ,J . .._._._"...~" ~ .~" '-u:.:::T.:r ~ 76 Regular City Council Meeting, August 28,. 1989 . 'M.D. Wickerham Florence Worstell ~ i I '----' 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 I . i LJ Councilmembers Voting Aye: Councilmembers Voting'No: Councilmembers Absent: . Laura' C. : Hi gl ey, Mayor I , ! LJ 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. _~ ,~,~-----1 JlI __,...,-""' ~ .~' 82 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 ~ i ~ i I I , ~ ! I ~ 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",,","""""_.__". ~ ,1- ~ .",.~~-,-L ._._ 84 .,____'....'U,.' .- ~ , '1r 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 1 - '--V .~l i '---' 1"'--'" , I . f I i L-.J J 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_ .L,-._~~_~_J:~_:,-,~'" '-1-' 111.f,n'-Il_.__'.-- '--'~-T~~~~~- --- -----~--~-----' -, ,..L_ _lUI~----.:.J_ ,_.____'....,"'." ~' 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 , r-I[ I :~ I~ I I I U I LJ 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...-.... _~..L,;-,-,-_-----,---L ~ ,~ ,.,.--- 88 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. ~ --------rT ~ ] iJ 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. ;',;" , [ . . c'" " 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: .. 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 i ; L 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:; . ~ ,.IIUliilIlI_11 i-r" ~~~ - ~~- __~~_~~';"-,--,---,---..J .._-~-"_..,,,. '" " ~r'.......----r '--:"'-;"-' 90 Regular City Council Meetirig"August1 28,;'1989 Addition Limestone Floor Addition Concrete Floor Addition Concrete Ra il Floor ~ I I ~ $29,278 $31,313 $62,1991 : ,.' 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 I I ~ Regular City Council Meeting, August 28, 1989 9l o 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. , ,--.. ! i 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 _".ll.-'''-''-'~_.~ --. ..---..-."""''"' ". . ~ ~----'''''--- ~ -~, 92 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:, j J 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. J 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 ~ Mayor . :l u 93 [ 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. r I~: 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. r I -. , .. DISCU$S,AND! CONSIDER RESOLUTION APPROVINGAND,ADOPTING, AMENDMENTS TO THE. RESTATED ARTICLES OF INCORPORATH)N'FOR THE FRIENDS OF'WEST U PARKS...; , n : i L- 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 ' ,. ;:"1'''1 1-"; 1,;l:I<lliIilMMl_II' r' , . _ _n ..1.-__ ._~,'~ ~ 94 -..---..-.....'""'. " .......---.--r-,.--,---- ',....-' 1 '''''''''Y City Council Workshop Session, September 7, 1989 ) Watson seconded the motion which was voted on and carried, as follows: Voting Aye: Voting No: Absent: I i ----.J 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: 'I i i I ~.J 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. j ~ 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=. n LJ 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.:, '.. C'- -:1 - ~r i, j j 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. L-__. ..........~_,___~_ _____ .__ ~_~----LIo..!. "'''''1._- ---" , -..-;j:li"'_I<Ii!ilUUlillIl_I__"- r.... '-------~----'- _._~+~~- " ---,----'-'-J......L "'" .1 ,.,___-.....,,,--.,1' '~ 1 ~ ,...,.. 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. ---, I ~ 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. ' ' , ' . 'i ;-1 I , LJ 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 I ~ 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. . . -' ,.'" , . 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. --. . -. .. :.;;. ,i':' ~ ~ " , " " . . '.' ~' 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. ,_ ,. ~. I . DISCtlSSAND CONSIDER^CHARGE'ifO BOARDS AND COMMITTEES: I: .,;. l \ ,} . :: J ' , ;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: ~". _._1 _= _ ...:_--'-'-~'.'-'-- .1 .-.---.-,...-,.'" ~-.....- ...,..... 1 . .-..... 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. -l , ! ~ 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. ~~\ . \ 7 I ! ~ 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. ~ City Council Workshop Session, September 7, 1989 99 o 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 .~~~ Mayor " . , fb ~.. . '.' r : ~" ..'. .' . .' . _ ~ ,- '- '. '< .' '.. '... .' .'. '-"'~' -'0" AUdre~lS- ;;J- City Secretary )\/ 1'. , I ',l; I ) L ,,;. "" ,,~.........I"_.__'_" . -' .~.. ~-- --""...~~, ~T-''I!::::' '-----:=:::Jr ~1 100 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. I : I L-J 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. --, f Mr. Schwartzel commented on the JMH property. It was his opinion, and he thought the consensus of the former City Council, that the u 101 City Council Workshop Session, September 11, 1989 o 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. . r-l 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. ~~'__ 'U"'_" -"L. .._--._"-".~.,,., " . ~ - ------'--r--r---:-;- -- -"1!::: . 1 ..:::::..... ~ I I 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. . -, I I I '---.J 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 $11.75 a month to adequately fund the solid waste operations.' No 'increases were included for the tnspections Division or Recreation Division. Ms. Sims reviewed the general fund revenue highlights,: the general fund expenditure highlights and the general fund fixed assets. , -, I , L.-J . ' Councilmember Jenkins suggested 'staff.look at going out for gasoline and fuel purchases and abandoning the city's fuels tanks. Ms. Sims concluded with the review of debt service, water and sewer fund income summary and capital outlay. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Bell, seconded by Councilmember Redeker~ that the meeting adjourn. Such motion carried and the workshop session adjourned at 8:52 p.m. Abl(0u City Secretary ,-. : I I ( I I i . '----1 103 o REGULAR CITY.COUNCIL MEETING SEPTEMBER 11. 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. ;T: 30P'.M., City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, September 11, 1989,i withthefollow-ing members present: Mayor Higley, presiding; Councilmembers'Bell, Jenkins, Redeker. and Watson. Also present were the City Manager, City Secretary, City Attorney, Director of Adlllinistration,ancl.the Director of Operations.. CouncilmemberBell deliverechthednvocat1on and led the Allegiance to the Flag. o " . BARBARA LANCTON CERTIFICATE OF APPRECIATION: Mayor Higley announced that she had a very special privilege and asked Barbara lallcton to please come --forward .,.'For'those who do not know, Barbara'Lancton has'been.Qur;'swim coach in West University and has been one of our finest contributors to the City. Barbara has brought, the's tze of; the "swimcteam from about 70 :members to 'iappro~~'mately ',j40 ..'i$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 . ' i; I . L 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". 0" " " 'f.,'~'JH.IUfiill___I. ~___ _ _ "_-' _,_'-"-----'-"_ .1 " ---------------- 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. . -1 ! L-.-J 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. .. "~l ' 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. ' . 1 ' 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: 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. [ L-! 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. i i NOW, THEREFORE" BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: , I ~ Regular City Council Meeting, September 11; 1989 105 o 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. [ . , 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. Ii L 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, "I." "'Ii'''' i"i"'l'...b:HlollliUll__'.' t-...--.'..-.-.. ~ ,~~~, ~- ,"-_.-__'~I>l1 . , 'I ~. -------, r---;"'T = 106 Regular City Council Meeting,' September 11, 1989 approves and conHrms such notices and the contents and posting thereof. II L-.J PASSED AND APPROVED this 11th day of September ~ 1989. Councilmembers Voting' ,Aye: ' Councilmembers Voting NO~j Counci 1 members Absentl:I" '. I ' , ~ ..' i -... \ Laura C.Hi,gley,Mayor ,1, ,. ..J. ATTEST: AP-PROVED AS TO FORM: Audrey ,Nichols City Secretary . .. "_'! ...: I - "James L.- Dougherty, Jr. City Attorney (SEAL) ;i 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 Ii , I : I I I LJ 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 --I J 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. , ' l. , i: -;- :' .; , I .- Voting' Aye: , ,."Mayor, Hjg,ley,.,.Cqunci 1 members , Bel ~, Jenkins, Redeker~Watsol1 Voting No: None Absent: None I-I 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 _ '_--,.;J'''-''->-' ...:..l__~_~ ..__._._........L ~ ~ ,~ 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 Ii J 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 I! LJ 109' Regular City Council. Meeting,: September ,11, J989 , o 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' o 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. ~, '.. Ii. '.. ; 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 all. . - I. . ,i I, L 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 ,,- I 11t-lli1lll-'___" ----, , ..-.--........" ~ F' L~" 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. --: , ~ 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. I~ , I LJ 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. -, I ~ 111 Regular City Council Meeting, September 11, 1989 c af##f Mayor {1 4dii. . .;' "- AUd~lS City Secretary rn ~H , I :U) D "---'--------- --'- __" .-------l.L,.._ "'-"'--- Lu.__._'" , ""'.l.1I';""_"___'" r:" " ..-------....",' , '" .' -~ ...,..---- . 1 T-----r"T 112 ',~:j;>.j ~ '- CITY COUNCIL WORKSHOP SESSION MONDAY, SEPTEMBER 18, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. ~I I 1 ~ 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. -I u 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 u II3' c 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): c 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. n <Li ADJOURNMENT: With no further business to come before Council at this time, Mayor Higley declared the workshop session adjourned at 10:30 p.m. ..'1"'.'."",1-1....___.. ~ _M'~' -,,__-n . ~ . r-r ~ 114, City Council Workshop Session, September 21, 1989 I I ~ fl.d J (;ki, .1; Audrey Natho 1 s City Secretary ] l] 2 115. D 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: Ii L- 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: n I I ! 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 ':1.'. 1'-" 1":";':'<:I"".:f~~'~'1:!!:"I.MI__I.- ----..-...."."., ~ '~ . ..,. -. 116 providing new sinks. Total amount of the change order was $2,135.00. I I ! ~ 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: ~ 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 '-.-1 117 [ 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. n L- 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. \ '. 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. ,r: '~, Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Watson Voti;ngNo:,None ' , Absent: Councilmember Redeker -",,_-'..,~ "....",......,-.-.--.. . .._--~'-" ", , L_ --.-~---~ 'Y'- - 1~1 _ 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. ~ I 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 I I ! ~; 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: J 119 Regular City Counci 1 Meeting, .September25 ,1989 [ 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. , . , '$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. , ._ i : ~) 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. n I I 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, i . '--- .. ........... _a"~ .-,....'.-..,.,'..-"".-'''.._11_.__.. .'___n_,,,,,..,,, ~ T"T ""I!:T' - '-r 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) . ' , ' 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: I ! I ---------.J 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. i I j ~ 121 Regular City Council Meeting" September 25,1989 c 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. .' , 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. [ 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: n Li 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 ......~_ ~_ L___. _-,__--LL,___' ',r". ,",., .'...I'..,.'..."'I..~'Uldill___..~ ~ ~l~_ _ _, _, .'_-"__ifIl"l"~'1 I' ~---''''''-~ ~ 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." ~ i ~ Motion was made.by Councilmember Watson, seconded by Councilmember Bell, that the Request for Information Policy be adopted as presented.:. , , ' 'j 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 i , i I ~ 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 ! I I : I ~~ Regu 1 a r City Counc 11 Meeti ng, Septelllber 25,1989 123 D 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. ~~ i '; I 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. o , ' "- .... 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. n I : U '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. II.;'. "':".V-"H,.','.,,.._I.IUU:l<!I_I_.__" - ------=---'-,'-"-,'--'.....:i~, i-' 124 --_...~ _.~ - .,-------.-::Jf Regular City Council Meeting, 'September 25,1989 , Voting Aye: Voting No: Absent: Mayor Hfgley~: Councilmember Bell, Jenkins, Watson' None Counci 1 member Redeker. I LJ 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 -, I ) (c) City Council Regular Session, September 11, 1989; and , : ~ (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: , I , I I \ ~ 125 Regular City Council Meeting, September 25,1989 o (a) Map of improved sales deUneatedbyneighborhood as used by the appra isa ldi st,ftct;, (b) (c) Map of unimprovedsales';delineated by neighborhood; " An ap'praisal manual with information specifically related to West University Place; and r ~ .(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. ' I ~ (~~~ Mayor ' Audrey Nichols City Secretary [1 "'"""--- ~_------>.- __ ._._...........C.n._ L .-." ' ,.".."'''....-.-.--..- --..--.. ~~ ~ 1 . ...... 126 CITY COUNCIL WORKSHOP SESSION THURSDAY, OCTOBER 5, 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 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. -i \ '. ---.J 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 -\ I With no further business to come before City Council at this time, Mayor Higley declared the workshop session adjourned at 10:30 p.m. Iii ~ 127 c ~~ Mayor , , ~11.k),. Au rey 1 c I s ~ CJ City Secretary c I~ i ' 'L.....- ..___._n........tH!..." -~--- T ~-ry ..:.......=J 128 CITY COUNCIL WORKSHOP SESSION MONDAY, OCTOBER 9, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. ----, , i , i ----1 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. I) , I U 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 o 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. ,. l' r 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. . , , 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. , . u .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. r: ) , ( , I-..J DISCUSS THE SOLICITATION ORDINANCE: It was the recommendation of the City Attorney that the peddling ordinance be updated and amended. Mr. Dougherty suggested Council _,' I" :mt,Ji',lll1l1___11 ...--..-........, . . ~'......---' --, .~ ';I" ===j 130 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. , ~~ i I ~ 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. I-I U I I U 131 o REGULAR CITY COUNCIL MEETING OCTOBER 9, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. c 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~_. .. . '. ! ',' : ';- - . , Janet Markely, 3902 Amherst, aSkedhowlong,it would take to get the JMH property demolished. . ~ J, , .. 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. [I 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. .: "I.'. .) ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Counci 1 suggested removi ng an i tern from the consent agenda. "'----'----~_~__L_~___,__ . __ _ ___---'-------LA..~..~___:_., ..n ".j..... _n_ . 'J'-,v.-,'.'ya,H',~UUl____I.- ..-----..-..''''''-, ., ----.-----r-- r -- ...,.....--. 1 ,..,. -:1 132 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. --, I i --! 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 I -I , i L,-.....-J 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. ,1 ~ Regu 1 ar City Counc il Meeting, October 9, 1989 133 [jJ 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. c " (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~ ;' n , , 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. .~~~ ---'---""";;:;:;;;: i:::l 13.4 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. "I I i '----.! PASSED AND APPROVED this , 1989. day of Voting Aye: Voting No: Absent: Signed: a6t~z~ !-1 U 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: [-I I LJ Regular City Council Meeting, October 9, 1989 135 D 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 '''*','' * * * * * * 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: c 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. I. ft., 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. I: 1- , ... .,. 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 ........ ~ ~.. 1.>.""".'....-11_._.... __'''.f'I'.'~'', ,.. ..-yr-- ~ .. 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. 'I I ~ PASSED AND APPROVED this 21b day of October , 1989. Voting Aye: Voting No: Absent: Signed: :1 JI 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. ' II ~ 137 Regular City Council Meeting, October 9, 1989 c 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 c 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. .. 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 I~ Southwestern Envi ronmenta'l' 1100 FM 1960 West "F" Houston, Texas 77090 $ 23,700.00 i ,I ~ ~..._C,:L_.. -"-,~."".'----.C~"--'-.:' ""~"'I.""I_II____'" - '---.-----.-----~r_. .~ '~.:::J" I 138 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 I 1 ~ $ 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. 'I I ~ 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. J 139 Regular City Council Meeting, October 9, 1989 o 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; il (b) (c) j, l\\ City Council WorkshoplSession, .September 25, 1989; and City Council Regular Session, September 25, 1989; , . Motion was made by Council member Jeokins, seconded'~by Councilmember Bell, that the;minutes be approved as submitted. 11_ .. ~ --' - 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.; -, ):, _.~- ..,..~..;.,-_........... --'~~~;"---"----~~-~- --- . . ""____II-"I'I'HI\<1'1 " -.-------.---1 - -yr-' :..-...J-.:......l:1 _ -== 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. -------: i '---..i 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. ~I 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. ~I I ~ 141 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 Ii i I , LJ " , , ~ n I I ! 11:.....,,---._1. _ _~_L.--i.L..___ ".. - _" _ _ L..__.~ . "1"'-' ',nV.III:ilII_'---" .----.-.""",' .~ ~' , - -;I: ~ 142 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 I , I ----J I 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 I I I ~ 143 City Council Workshop Session,. October 19, 1989 o (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. I' I ' I '---- 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: I L ___._'_""~'H , ~---....---' . ~~:J -----, 144 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. ') ;' I , 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. -I , i I -----.J I 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. , :. , , ' 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 I I ~ City Council Workshop Session, October 19, 1989 145; o 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. /. ..... \ 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. [ 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: ~ ~ ' 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. , ,., I"l'UbiI____. , ._-"~.. .' ~~-'-----' .E~' , ~ ~:.. 146 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. ~ 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. . . , . 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. :~-l ; I ( , j u 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 ~l I I , i ~ 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#~~ a~~ f\fin:- Audrey.Ni ls City Secre ary o ., "\ : '.> I I i L 151 ..__._..--,~.",.." ~ ~' T~--Y -, 152 REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 23, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. ---.....-J 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. -- ] I 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: 1 I , I , I ~ Regular City Council Meeting, October 23, 1989 153 o 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. ',. - 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 i .J $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: I: i I 1- ._:..,"".:.'.0::."','''''.,;,.".'":.'''''1.;''''101____..- -_, ,~"---'''''--,,.,..--,--- ~~I[ 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 , , --.J 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 o 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, Ii i , L Motion was made by CouncilmemberRedeker, seconded by Council- member Bell" that Resol utd on: Number 89-.28 be adopted as amended. j - ,.' ..........-----------.... , "".." 'e'!"''"" ___ I ....." t":'~''d'IJl<IU__- _.. .,--_,_....,"'~" .' '"'1:':-.' :I '156, Regular City Council Meeting, October 23, 1989 Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None --, \ ~ 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 :--1 I ' '--.-..l 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. -\ ! i ~ Regu,lar City Council Meeting, October 23, 1989 157 D PASSED AND ADOPTED, this the 23rd day of October, 1989. Voting Aye: Voting No: Absent: I 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, ~ ,I AFFIDAVIT ~I I i I i 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 ,...__._..-....,,~,...~ , L- ~r--'--yr--- 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 -~-r'T ,---.., -----, ! , --..J ;-l LJ -, , I ' ~ 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. [-: 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, ',.1.... " ". '.' ''''.''>' ''''1->14.1....._1_.__.. _ _ _ _ ,~__-'--~____----"-----"'--L~---'-'-'l~ . _____n_,w",,-.. 1 ,........"..--, r-.- 'r--' 1 . .... 160 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. ! , i ~ 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 ~I I : (SEAL) Motion was made by Councilmembe~ Bell, seconded byCouncilmember Watson, that Resolution Number 89-30 be adopted as presented. LJ 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. C-i I J 161 Regular City Council Meeting, October 23, 1989 c 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. '.J .;. _;. .' J::'.;i ,I. Motion 'was made by Gouncilmember Bell, seconded by Councilmember Redeker, that City Council adopt Ordinance Number 1355 on first '~nd final reading. ' . .~ \ ; " Voting Aye: Voting No: Absent: Mayor ,Higley,' iCounci lmember Bell, Jenkins, Redeker,' .Watson None None i -i 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~ ' n 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. -_._,,--~ _ .. .,'," ~''''d~'''_'___'' -._..~" , L.....:: -~,--~- TF"-' 16:2' 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. I LJ I 1 I I I L..J 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 ~ 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. c 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. ~ ~ Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None L ,," .....-.......---. 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. " . I , ~ 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 'I' I ~ 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 U Regular City Council Meeting, October 23, 1989 165 [' 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. "]-. Ii , ' I L-. 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., .- 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 Jl..~~_.___..L.___ . _ _ ___ _--<..I. ~ _"a' , ii',~I.."~I_.__" -----r- .._____4..~1""il' , -......,-------- - -----, ,----r-'I" , 166 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. I '---.! 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. ' il I i LJ 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. l I ~ Regular City Council Meeting, October 23, 1989 [J ~~' AudreyNic 1 s City Secretary o I' I I '--- 167 ''T~-'-" .--,...----------7.-- ..,-----,.,-,---'-----CC--- ~,~~~ ..--.--.....,.,-." .'- . p, ~ --------,----------.-.----.--- 168 SPECIAL CITY COUNCIL MEETING AND PUBLIC HEARING MONDAY, OCTOBER 30, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:00 P.M. I I I , i L-.J 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. J City Council Special Session and Public Hearing, October 30,1989 169 o 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. "II .: I') , 'I . , 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. i~ " ' l " ~<' . ' The senior services budget increased primarily because pf transferring the custodial expense into their budget. '-;') " -;:",1' ". .'1 , I, .IL.__. _. --'L.'._. '- ." "0."'''....._____,'''. 11-".; :~,~.. - , "~.. '~L~'~ ..---.......-,.,,, , ~r '"(T""""""""' l' ,--y -. 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. ~] , --.J 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. ~I I ! I I '---...J 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. I I , I U City Council Special Session and Public Hearing, October 30, 1989 171 11 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 . n I I , l-' 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. ;} ; ", .... 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 ;: 11_,.___ -~-,-,-, ~ "...,.,.,..-,,----,1< ----=-------""'--'--''''-'''~ '......---- . - ~ 172 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 ~ , I ~ 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, I , -.-J 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. II LJ 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, ": ,- 'I; 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 I',:, ,,".i~,i""":;:'I,nJI'ilIi_II_._11 ',1" ~ ~ ~ 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. ~ i, 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. ~ t J , : ------J II: Councilmember Redeker asked how many officers are,going, to school now. " . Chief Griffith respondedJthat there: were about ten officers going to school at the present time and he expected more to enroll next year. . i 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 $7,150.00. ;' J _ Mayor Higley called for,second to the motion. Hearing none, the motion died for a lack,of a.second; Telephones in police cars were. discussed. Councilmember Jenkins suggested the City use, the new radio system and then see if there was a need for cellular telephones. i ! I ~ Discussion was held as to the viability of phasing in the phones. City Council Special Session and Public Hearing, October 30, 1989 175 o Motion was made by Counc,Nmember Bell that the air, time expense for the phones be reduced to,l$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. ,!,i' ~! LJ 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' ,.J ""Ii" ,! ' Councilmember ~atson stated'he'wouldvate .against the'motion for the opposite reason. He thought it should be at $3,000.00. \, 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 , - Further discussion followed. Councilmember Bell withdrew his motion and Counc:ilmember Redeker',withdrew her', second,. " ' -1., ':.J"';; _' '.J ': ~; .;.J I 1 ' : , . " ..: 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: .> '.' _': . :' : ii Counci:lmembers' Bell, Redeker, Watson Mayor Higley, .councilmember Jenkins None.:' ~" n 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. L..-_ ~ Jl..l~"L-_. , ._ _ _---1.1.1. ,~---...l---i.....L.-l.. . I "I 11,1:.l1..w~IIil8llI_. -'----;~' - ----, " -- ,--"'~~.~ ,__._,_,~""'"' ' ,e. ~' ~ 176 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. - -----, , l.--1 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, ,-l i j \ \ I L-I 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 , J '-} " , " I , ! LJ 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.~. I; + - ,- ~ ~JAl Au rey 1 c Is' City Secretary c ~ '1 t.1 \1 I \ -----' ~ ' ' t:: u,r . . g 1 M:YOr ~....- ... .. -- ! i 177' - _.,_.. __, ,I. ..._---'..", ". ~, ~ "'I T TT 178 ' CITY COUNCIL WORKSHOP SESSION THURSDAY, NOVEMBER 9, 1989 MuNrCIPALBU1LDING '3800 'UNIVERSITY 'BLVD. , ,7: 00 P. M. I I i c...-J 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? ~ , \ i L....J 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. \ , r ~ 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. c .. ~ --, ~ - , ./ ,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. :r ' , I 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. ' , . . I . , , , Clarice Hunter, 2812 Robinhood, was concerned about the in'centi:ve' pay. She ,was in, favor o.f the incentive pay. , '! 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 ., , , 1;:;.,'i!.,ljF,,;,I',HllJill~__1I: __~.J-,-,-L-.. ._.__.~-, ~ ,--- ...,,. 180 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: ------. I -------.J 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. , , I ' / , ~ I 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. i i ; I L..J 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: o i , 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. n \~ 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. " - ;- .ILL. __________-'-------'-J.J.:_ -'~__._ {' "I..i.I"',',:I"':"~.';i'ln__ ..- d'-'r" "....."J;& 1I__.-.m-liI-HI,. 1 l I- I . I - I II ~ 11'"""-- - -~....-----rT l I I I 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.' ~ I , I ~ 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. ' , , ~ I .; ,. ,,'::: '- ,. , 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,' " ',. , , .' .};:~ ":.. I ' , " Voting Aye: , Voting No: 'Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson. Counci~member Jenkins None " :.: " " ,~ ! ! I,'.J - L......J I Mayor Higley asked is there;were,other issues on the proposed budget that needed~to bediscussed~ ' ,,\: I', 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. , " 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. '-~I I i o 183 City Council Workshop' Session; November 9,1989 c Voting. Aye: Mayor Hi;gley,i~CouncilmembersBell, Jenkins, Redeker" Watson' Voting No: None Absent: None DISCUSS, AND, CONSIDER RECOGNlnONAND, RESRONSE-:PROGRAM: c 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. ,: I : Ll~-'-__..l___~_ ___,_~_,---lI..~ ''''.'- i"i-;i'-!'-'k:,:HT.dil-fIlI__'.' __ __' lit-"-'---.1J~'~'--'-..L.- ---r .~ , ~ -,. 184 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 --I I ~ 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: " ' MayorHigley,Councilmembers Bell, Jenkins, Redeker, Watso.n None Nane \ ) L-J 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. ! I I , LJ City Council Workshop\ Session, November 9, 1989 185 o 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. ' , : !" 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: c '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. ./'" Councilmember Jenkins asked how much of the City Attorney's time would be I involved. ',. ' r- 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. ./ n..7. _ -.A ---'-~ _I I I. r 110:.11'-_----'.' ...._.--..~."-'''', ---r---r--r-,'- -....---. ~ - -. -------. 186 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. ~ ~ t - ; ;'.; 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. . , 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. I I I I L.J I 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 . ,-, I I , I U 1.87 City Council Workshop'Session, November 9, 1989 c 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: c 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~ ..~ - - ...... . ,.-- ura,.. ,.--9 -. -- . ", May [ ;, i ~,. : ,i ~ 1 ---_._~~,~ ,. ," ~r-~ . ~-. I I 188 ; ') of REGULAR CITY COUNCIL ,MEETING, , NOVEMBER ,13" 1989 , MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P~M. ,~ j I LJ , I \,;. ) : i ;,., . ,. .. 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. , ' 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. , " 'I ri ; I LJI ::: ..~ , , . . '-..-. ' 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. ~, , .. i . 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 u 189 Regular City Council Meeting, November 13, 1989 c 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~! c 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. [1 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. ';.'"',"'''.FJ'...,,,...-.._..- 190--' --" ~ ~ '- ....,..... -, Regular City Council Meeting, November 13, 1989 Voting Aye:, Voting No: Absent: Mayor Higley, Counci lmembers Bell ,Jenkins, Redeker, Wa'tson None None 1) '~ 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. I-I i : I L-1 1 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 ~'I , i ~ 191 Regular City Council Meeting, November 13, 1989 D 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. ; I:: 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.' ':c.' (~! ..- ., , ,r 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.. I) Li 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. ., "";1 1:,"';!.::I:i;'I:,'hl.;t..!H.~N~__"-'- .. ___.,....". 1,111. .- -.., .~.---~,.,..--,- - 1 -'---'"T _ 192 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. I I , , I ~ Councilmember Redeker. asked' Chief Griffith if that would be workable. Chief Griffith thought it was a very workable solution. 1-\ ! I I U 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 I J 193 Regular City Council Meeting, November 13, 1989 D 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 ' :i ~ ,I '.' " Councilmember Jenkins offered other comments on the i ", 'employment retirement program: . i " .. ',. . ~. " , I 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 I __~"~i.~ _ _ __ ~.,...._.~. ~;;J[ -I , 194 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 ' :1 ~ 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. (I I I LJ Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that Ordinance Number 1357 be adopted on second and final reading. ~-1 LJ 195 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 '-. .-- , ,,' . :.' 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 ........" 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: J.J '.-- ~ ~ ,,' 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. , ;'.J .-'- [ 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,. ., ~ " ~.""_,." '.,lL1L ,. ..cC-'--'.l't.,.-.'"'''''''' ,-."",~,.".~._- .. ."1.... "'___"_U-"~'" , ~ -~ -196 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: ""l -~ ----":1: l I I , J ~ ] ~J Regular City Co'uncil Meeting, November 13, 1989 .. 197 o ATTEST: , ;Si gned: Laura G. Higley, Mayor Audrey Nichols City Secretary Approved as to Form: ! (SEAL) James L. Dougherty, Jr. Ci ty.Attorney. . " 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 ;,,;' PROCLAMATION FOR NATIONAL BIBLE,WEEK: Mayor Higley proclaimed the week of November 17 to 26, 1989, as:)National,.;BibleWeek. [ ,.-. , '.J Motion was made by Councilmember Bell, seconded byCouncilmember Watson, that the Proclamation be approved. as presented. Voting Aye: Voting No: Absent: ; ", 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. .-' ;,; 1-: ..~Voting Aye,: Voting No: Ab'sent: I I _ ~ Mayor: Hi g.J ey, 'Counci lmelllbers Bell, Jenkins, Redeker" Watson i None ',None.: t if: '. I 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. ~.~\...:L-=--i:....- , ,.. 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 I, , I I i -----.J 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. ~ i ' Voting Aye: Mayor Higley, Councilmembers " L Redeker,:Watson Voting No~;." None Absent: None Bell, Jenkins, !. " 'r 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. ".> ------, JI 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;, , .. , (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 $45,871.28 for Priority Area 3, Sanitary Sewer renovation. i " ~ I L-I 1.99 Regular City Council Meeting', November 13, 1989 [ Motion was made by Councilinember Bell ,seconded by Counci lmember Jenkins, that:the invoices submitted, by Langf,o,rd Engineering Inc., be approved for payment as 1 isted. Voting Aye: Vot,i ngNo: Absent: Mayor Higley"Councilmembers Bell, Jenkins, Redeker, Watson None' None ~',!: CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of theCi tyCounci 1 meetings, as follows: (a ): (b) (c) ,C:i ty,CounctiT W~r'k!s'hopSes$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. ":"'_'~..'h,: ;,''''I.;t.J:lI____ ._.._.~."., '~ 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. ) , I ~ , 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. I P,' , :-~ ~ i I' 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. " ~ 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 " a .?k#. AUdre~bls " ' City Secretary I I ~ 205- o 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 [ ...... ~ . -................ ., J , , ..""....-..........._.. --.-.... -....--.-. . '-..- . 1 206 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. I J : ) L.J 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 ,l ~ 2'07 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. ri I : I : I ' 1_ 208 _ _._ _ -'-"-",--'"~-'-- _ _ '--. ______ __. ..___..___"~,n,,' , ~'I!::=:' ,- - ~:I City Council Workshop Session, November 13, 1989 i ~I ; i I '-----' btk" . citLJ l. Audre Ni ols . City Secretary ,I l ) U Ii I I l I ! I L-J 209 n .'---- 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. 1;, .. ;,' : ' .; '.'~ ; , Laura C. Higley Mayor o ~.~. . .. .',' I ....'........,..:~,; A~drey N~OlS .. . .. ...... Clty Secretary ~ .............. ....... __ _____--"1. '..t....,',."'....~n._.__... T ~-:t:-:,., ~ .oi=,.".J..Ld..:=-......l:- ...__ -- ~+,. , - ."..........-. , . ...... 210 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. 211 Regular City Council Meeting, November 27, 1989 ~ 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. . " 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. o 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 -'~'-~'-"_._--" ,. 212 ....-- . --r--"..., _ _",.---::l=-' .1.. ..---..-.''''',' . - " F.:-'- . ----,- ...,........ ------, 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. I , I '--.J 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: . ' 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: , , , 'I I l I i LJ 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, ,-l LJ 213 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 c . . . 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; , . .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 . I , . , 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. ~ " -- . ..... .-'J ;:-: "f. . , .) t" \ . . 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 I Irl,!;l:Il.o:Il;~_" ~ 214 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. I ~ 215 Regular Cjty Council Meeting, November 27, 1989 o 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. 1'1 L-1 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.:;, .. ,; "I' ! ; 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: ! i i (a) City Counci 1 Workshop Session, November 9, 1989; and (b) City Council, Regular Session, November 13, 1989. '.~- .,.,....-..----" ._,Io"l,""."; . .__._'_"~I" fI ~-:-r---""'-' 1 Y" '-. -c-l 216 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. I I .-.-1 217 Regular City Council Meeting, November 27, 1989 o 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. ~# (il--t . . ~. Audrey NiC~S . .. . City Secretary [J . i . i~ f:'c1':' . , I: '1 '.' ,; , I 218 . CITY COUNCIL ~ORKSHOP SESSION MONDAY,' DECEMBER 11, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. -----, I j , '---.0 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. .---- I ) . , '----..J 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 , . i ~ '219 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.. : '.:'i 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 [! j I .: i j In ,the. gas code theionly,ma:jor.changeJ:Js itorequir,e a walkway and work area in front of a water heater. :.: I ! ;)., ' 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. ; ~.. .": . ~ ) ; i L... 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. ~ ". ,;" 1::;-':>1'::.)"":: 'l'H1H~l!hMIIiIl_I_"- n 1"""," ",.' ---.---. ~- -----.,-,.-,---------,,--,--- - ,--------4...::" L.....-c, 1..- .-- ._-,.", ~.-- ......----. .--L~""I 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 I( I j U 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. --I ~ Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, City Council Workshop Session, December 11, 1989 221 o .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., ',' , [1 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: ~ , L ;, 2. Chip seal of approximately 20 blocks . , . 3. Repair of Weslayan andJestablishing left turn ,lanes: on Weslayan at Rice and.Univ.ersity. ~ . ,".u~......u._..- ....,~,-.~ ~.b"c..,;~ ,. ..,__._._....-,FI~.I t I o:-;r..............,r-~. ''''''-:- . T T 1:1 222 " 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. I 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. J 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. -I I ~ City Council Wo'rkshop'Session, December 11, 1989 223 n '..-'" 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. otfm A~(qgpl~-' City Secretary I Ii I I l~ __....L..o....n~ -_. ~---.--- . .....-.. L-.:.....-:-.. , 224 , REGULAR,CIT.Y COUNCIL MEETING . MONDAY,~,: DECEMBER, 11, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7 : 30, P . M . J \';.1.: 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. '~l ; '~ ;'. ;. I . 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 ,~I I , UJ 225 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. 1"":"'-'..'['" In ";:;": ':j;';:.';i::':lli:;."'V~:!~1-&IlI;U__". '.l.-=;-~ ~h"c..,.,. _ _..__._............._,",., I ~ ,.~r~.-~- T -,-..,.. ~ 226 Regular City Council Meeting" December 11, 1989 Voting Aye: Voting No: Absent: Mayor Higley, ,Councilmembers Ben, Redeker, Watson Councilmember Jenkins None '-i ! L~ 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. [ I I I :-.-J 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. i !-.-J 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. b... ~ ( .. .,1-," "Or" '--.-..-- b,.h::.U=- ,._ 228 - -.........__..~.... .- T.,. , ..~. J~-I. . [1 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 I , (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. ~I i ,--.J 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. ,. c. ,,' fi Mayor :Hi,gley<';req~,ested sta\ff ,;i",westj'gate the "prob lemsbrought before Counci 1, by Mr., Loza.no. ii ".-' :J, \ i: 1!. 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. :j L, .1: l ~-I f .f :'! - "f'"-J " , 'r r :, 'oi '. t (-~. < " -,.1 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. 1'-, . c _'.LA ,J.::liLLLIL1,-J... li -'.li','.'i..l!'.",,,,,-'t,,-,lI",'h'14Vtll__-- ... .nT ......:......_..i:.., I'-.'~J-.-l _ _~ ..__"_"'"...,,.., "'lj, ,. , ~ 'r-- . T -". .= 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. '- I -.J 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 [1 .~~..~ .,' Mayo O.(~~J~ 1lJ..t. Audrey;Ni. 0 ls "-- City Secretary :-:f". :i; ~; ~ L1. ..~.j :1. J' il.,--_L_l.:L-,-,,1..,..:i..UUll!< .....u_I.._AI . '"l .._._--~_.. .----.--------,,.-.,~----_____,_,__c--.--- .._----~..... ,. -I' ,~ .........- -r T-.--. 236 REGULAR CITY COUNCIL MEETING MONDAY, DECEMBER 18, 1989 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30 P.M. 1 J 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. l ~ 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 '9 ! .1 COUNTY OF HARRIS 9 :~; , i~ ,\,i:..r :; i j . AFF\IDAVn 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. r-'. I ; 1 . \ ! '-' 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 _~-,--".J~--.U" U-__ -~ ~.......,...,.-"""""",,' =----..;L:~ ~ 238 Regular City Council Meeting, December 18, '1989 STATE OF TEXAS COUNTY OF HARRIS ~. ~ I I J I I ----..) , , 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 . :: ~ I .' .' 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 ] ~ 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 :-j I i · i L; 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 \j ;, j (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 \: ! ' Il : L 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 ,. """"""''''"''''-'~'-'''''''.'''-'. .-,.-..~., ~ __ _ ~,--------,-----.L, '--'-'-...Ll.-_L---_ ..____.,..~, ~i , , " -~ ~--=r..-' 240 Regular City Counci 1 Meeting, December 18,. 1989 Zoning Board of Adju~tment for technical guidance in future, similar situations. ~--i i , ~ 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. " .' 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 . , . .,; 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. . I': ~ , - ~,' . ~ . 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?, -\ , J ) , ' <-....-J 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 ~) i LJ 241 Regular City Council Meeting, December 18, 1989 o 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. ." STAFF REPORT: Curti s Cooper reminded Counci 1 of the Chr,i stmas 1 unch scheduled for Thursday, December 21, at 12:00 noon. . 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). ,. 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. ili !...-.- .1.~,,-~~L ..__"__,,, l'~. j I'll " ....- . . 'I " 242 Regular City Council Meeting, December 18, 1989 ~ a~~,~ ~ Audrey Ni ols City Secretary.. 'l :-.-J -I J