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HomeMy WebLinkAboutMinutes_1990 ~ ~~ ~ ~ ~o ~qJ W)j CITY COUNCIL WORKSHOP SESSION MONDAY, FEBRUARY 26~ 1990 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, February 26, 1990, with the following members present: Mayor Pro Tem Bell, presiding; Councilmembers Jenkins, Redeker and Watson. Mayor Higley was absent. Also present were the Acting City Manager, City Secretary, the Fire Chief, the Chief of Police and the Deputy Director of Operations. Councilmember Bell presented the following: IIAFFIDAVIT STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority on this day personnaly appeared Mr. Buddy Bell, Mayor Pro Tem of the City of West University Place, Texas, personally known to me to be the person whose name is subscribed hereto and upon his oath deposes and says: (1) He may have a substantial interest in property located at 4126 Marlowe Street, in that he has been negotiating for a purchase of such property in conjunction with his father. (2) Such property could be peculiarly affected by a vote or deci s i on by the Ci ty Counci 1 of the Ci ty of West " University Place with respect to requested improvements at the intersection of Marlowe Street and Bissonnet Street. This affidavit is filed in an abunda~ceof caution, and I intend to abstain from partiCipation in any City action regarding this matter. ' Is! Buddy Bell SWORN TO AND SUBSCRIBED before me this 26th day of February , 1990. IslAudrey Nichols Notary Public (SEAL) My commission expires: 4-19-93 ~--~~~Dnn"----- ,,- u -~'T"--'I' ',n FILED WITH ME, the official record keeper of the City, on this the 26th day of February" 1990 at 6:28 olclock P. M. Is/Audrey Nichols II w?./\ 'i) DISCUSS AND CONSIDER PROPOSALS FOR MARLOWE STREET AT BISSONNET Mr. and Mrs. Wah Chiuproposed to improve the landscape at the dead end of Marlowe at Bissonnet. Their proposal included the fo 11 owi ng: /' (1) to plant more trees and bushes. They would supply 7 multi-trunk ligustrums, 10 red tip photinia and the City would provide soil, mulch and labor for plant~ng. (2) to install a cedar fence of approximately 8lxll' ,at the east end of the photinia planter and another fence of approximately 81x141 with a 41x81 cedar gate along the south end of the phontinia planter. They would provide the materials and asked the City to furnish the installation. In discussing the proposal with the Acting City Manager, Curtis Cooper, Mrs. Chiu agreed that the gate across the sidewalk would not be appropriate. Mr. Cooper suggested that Mrs. Chiuwould have to go before the Zoning Board of Adjustment and request a variance before they could build a fence between the two houses. City code does not allow fences in the front yard areas of residential property, however, the proposed fence along Bissonnet would not violate code. It was further explained to Mr. and Mrs. Chiu that at the last meeting City Council agreed to submit the city1s stub streets to the Long Range Planning Committee for development ofa standardized treatment for stub streets 'like the Marlowe/Bissonnet area. Councilmember Jenkins suggested the city proceed with planting trees and bushes, but defer the decision on the fenceuntil~uch time as the Long Range Planning Committee makes a, recommendation to Council. Counctlmember Jenkins explained that with proper notice, the committee would be able to develop a standard policy rather quickly. Councilmember Watson stated he was in favor of the City planting the trees and bushes and the ins ta 11 at i on of a fence along Bissonnet. Motion was made by Councilmember Watson that City Council approve planting trees and bushes and the fence on Bissonnet. Councilmember Jenkins recommended that Council approve the planting but to wait for the recommendation from the Long Range Planning Committee before deciding on the fence issue. 2 I ,u l 'I.. ,." " .liWLII81lr. _._-~---~-.------- 'rl""'"""lr'~~lI'IlliI:nrmrmmm:l1"'--- "fT ~-,.,,-~~~ 1\0 / ?f \~6l'U 5J ./tto ~? After discussion, Councilmember Watson amended the motion to state that Council approve planting trees and bushes and defer a decision on the fences until the Long Range Planning Committee made a recommendation to Counci 1. Councilmember Jenk.ins seconded the motion which carried by the following vote: Voting Aye: Voting No: Absent: Abstaining: Councilmembers Jenkins, Redeker, Watson None Mayor Higley Mayor Pro Tem Bell DISCUSS FEE SCHEDULE City Council reviewed a portion of the fee schedule. It was agreed to proceed with the first reading of the ordinance and suggested the following amendments: On Page 3: House Moving Fee be increased from $200 to Demolishing Permit be increased from $25 to $300.00 $125~00. City Council further agreed that if there were more recommended changes before the next regular meeting, the fee scheduled could be amended on second reading. Mayor Pro Tem Bell recessed the workshop session at 7:30 p.m. to convene in regular session. At 8:40 p.m., Mayor Pro Tem Bell reconvened the workshop session with the following present: Mayor Pro Tem Bell presiding, Council members Jenkins, Redeker and Watson. Mayor Higley was absent. Staff members present were the Acting City Manager, City Secretary, Ci ty Attorney, the Chi ef of Pol ice, the Fi re Chief and the Deputy Director of Operations. DISCUSS ORDINANCE REQUIRING POSTING OF STREET ADDRESS NUM~ERS The City Attorney reviewed the proposed ordinance requiring the posting and maintenance of assigned street address numbers on certain buildings or structures within the City. City Council agreed to place the ordinance on the agenda for the.March12th regular session. . LANDFILL CLOSURE PLAN AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR MODIFICATIONS TO EAST AND WEST DRAINAG~ UIICHtS Curtis Cooper explained that in accordance with the landfill closure plan submitted to the Texas Department of Health, the City is required to make modifications to the drainage. The modifications involve digging anew ditch across the southern slope of the fi 11 ed area, wi deni ng the western di tch and maki ng two cuts from the landfill into Keegan's Bayou. The plans and specifications were approved by the State and the Harrts>Gounty Flood Control District. If the project is approved by Council, 3 .....L......-....~...... ...-. ........&-.- ....."..'.."'....... '''lI.':l~Ujll. . I~] , ," I'":j Mr. Cooper recommended that funds be transferred from the garbage trucks purchase accountiri the amount of $40,000.00. There was no money budgeted. Staff is prepared to advertise for bids and requested authorization to proceed. Councilmember Jenkins requested a copy of the closure plan and the estimated cost of each step of the plan. Mr. Cooper agreed to furnish the information to all of Council. After discussion, motion was made by Councilmember Redeker, seconded by Councilmember Jenkins, that City Council authorize the transfer of $40,000 from account 01-13-00-6550 and authorize advertising for bids for the project. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley ~}) DISCUSS AND CONSIDER APPROPRIATION OF FUNDS FOR EMERGENCY GENERATOR b4-;'CI RCUIT / FI RE STATION Mr. Cooper explained that the emergency generator in the fire station was removed in 1988. Funds to replace the generator were requested but it was deleted during the budget process. However, some type of back up power was necessary for the Fire Department. Fire Chief Terry Stevenson recommended a 100 AMP fee be' installed from tHe existing generator located in the Police Station to the distribution panel located in the Fire Station. This would provide power for the radio equipment, computers and lights for the Fire Department. . Moti on was made by Counci lmember Watson, seconded by CounciJmember Jenkins, that City Council appropriate $3,500.00 for the installation of a 100 AMP feed from the existing generator located in the Police Station to the distribution panel located in the Fire Station. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley COUNCIL COMMENTS Members of Council had nothing further for consideration at this time. STAFF REPORT Acting City Manager, Curtis Cooper, asked for clarification on contract reporting to Council. The code of ordinances provides that the city manager submit a report listing the contracts executed without submission to the Council since the last regular 4 ,l'.":...ll.::!~~ ~'~rC" counc 1 meeting. After discussion, it was decided that a copy of the c eck register would be submitted to Council. Mr. Cooper reported on the following contracts: (1 ) Ha ro 1 dE. McConne 11, P. E. contract not to exceed $2500 to investigate the motor at water well #8. This motor has burned up four times in the last 5 years. Mr. Cooper decided to have Harold McConnell analyze the motor to determine if there were outside causes for the problem. (2) The Fi at All is front end loader used at the 1 andfi 11 needed repair. Since the machine is vital to the landfill operations, Mr. Cooper authorized the repair at an estimated cost of $8,812.41. Councilmember Jenkins asked if the equipment at the landfill were . on a maintenance schedule. Mr. Cooper agreed to furnish that information. Mr. Cooper distributed the Recognition Response RequestNonthly Report. The closing date of the report was January 31. In March, Mr. Cooper would distribute the February report and continue through the year so that at the first meeting of each month, Council would receive the prior month's report. Councilmember Jenkins asked if the report could be changed so that an employee reporting a problem would have his name on the report. Mr. Cooper agreed to see if this could be done. DISCUSS AND FORMULATE CRITERIA FOR NEW CITY MANAGER City Council discussed criteria for a new city manager and agreed that each one would list the qualifications and submit them to the City Secretary. From that list a compilation of t~e qualifications would be typed and sent back to Council for discussion at the next session. City Council further agreed to hold a special session before the next regularly scheduled meeting to finalize the criteria and proceed with interviews of search firms. J)~:~PURCHASE, EXCHANGE AND VALUE OF REAL PROPERTY: 4106 BYRON City Council remained in open session for discussion of the purchase of 4106 Byron. The City Attorney, Jim Dougherty, explained that Council previously appropriated $150,000.00 for the purchase of 4106 Bryon at the February 12, 1990 meeting. Since that time, it became apparent there were closing costs to be considered not included in the $150,000. Mr. Dougherty further r~ported that there may be deed restrictions on the property that might hinder the use of 4106 Byron as a municipal or park facility. Mr. Dougherty recommended that if Council wished to proceed to purchase the 5 !l.'.'.lI~,:II:1rrn:::lU:I:I.m~llIIu.m . .~~:,. property, Curtis COQper, Acting City Manager, be authorized to waive any condition based on such restrictions should the waiver be necessary. Mayor Pro Tem Bell presented Resolution 90-04, as follows: RESOLUTION NUMBER 90-04 WHEREAS, the City CQuncil has heretofore determined that additional real property is needed in conjunction with municipal operations;'and WHEREAS, the City Council has heretofore authorized the negotiation of an Earnest Money Contract for the acquisition of the Lot Twelve (12), Block Twenty-seven (27), of Colonial Terrace, Section C, in the City of West University Place, in Harris County, Texas, according to the map records of said County (also known as 4106 Byron) ,and the City Councilhereby<finds and determines that there is a pressing need to make a public expenditure for the purchase of such property in order to protect the pub lie health, safety or welfare, and that such expenditure is for a municipal purpose as authorized by state law; NOW, THEREFORE: BE IT RESOLVED BYTHFCITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 10 That the sum of $150,600.00 is hereby appropriated from the General Fund for payment of the purchase price and other acquisition costs of Lot 12, Block 27, Colonial Terrace, Section C, and the Earnest Money Contract for such property is hereby approved and authorized in substantially the form attached to this resolution. Section 2. That Buddy Bell, Mayor Pro Tem of the City of West University Place, Texas (or, in his absence, the Acting City Manager) be, and he is hereby authorized to execute an Earnest Money .Contract for said purchase and furtber, that the Acting City Manager (or his designee) is hereby authorized to ex.ecute all addi tiona 1 documents to conclude the purchase and sale. PASSED AND APPROVED this 26th day of February , 1990. Voting Aye: ,Voting No: Absent: 6 ..-, ~ ----~I.~,,'Ulll!ltm:J::ImtllUl~------------N---.,-..--- ." - "'~-'l~-C" ;:i-~-'~"" Signed: Buddy Bell, Mayor Pro Tem ATTEST: Approved as to Form: James L. Dougherty, Jr. City Attorney Audrey Nichols City Secretary (SEAL) Motion was made by Councilmember Jenkins, seconded by Councilmember Redeker, that City Council adopt Resolution No. 90-04 as presented and authorize the Acting City Manager, Curtis Cooper, to waive any condi.tion based on restrictions arising out of the currently-pending earnest money contract between the City and WDC. Inc. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Counci 1 members Jenkins, Redeker Councilmember Watson Mayor Higley ADJOURNMENT With no further business to come before Council at thistime~ motion was made by Councilmember Redeker, seconded by Council- member Watson, that the workshop session adjourn. Such motion carried and the meeting was adjourned at 10:35 p.m. .;. 7 --'-'...".'-".n-:I"'lllll!lll!l:I:I:I.IlI~lllID!n"'-------~'.c,.----,!~,,,1"'--c:r- ~ /~D ~ Y)' ~QY )-. ~ rr; REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 26, 1990 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, February 26, 1990, wi th the fo 11 owi ng members present: Mayor ,Pro Tem Bell, presiding; CounCilmembers Jenkins, Redeker and Watson. ,Mayor Higleywas absent. Also present were the Acting City Manager, City Secretary, City Attorney, Deputy Director of Operations, the Fire Chief and the Chief of Police. Councilmember Jenkins delivered the i nvocati on and 1 ed the Allegiance to the Fl ag. .. HEARING OF RESIDENTS: Mayor Pro Tem Bell invited residents to speak who had matters they wished to bring to the attention of the City Council whi ch had not previously been submitted to the City Manager. /'Ao o Q Larry Wiese, 2615 Werlein, presented the following petition to the City Council: liThe heavy vehicular traffic flow at the intersection of Kirby and Holcombe is disturbing the quiet enjoyment of West University residents living nearby, as well as creating a safety hazard for them. Specifically, drivers traveling south on Kirby and drivers traveling eqst on Holcombe are using the detour route of Werlein Street .and Annapolis as a means of avoiding the delays caused by the traffic light at the Kirby/Holcombe intersection. This has resulted in high volumes of transient auto traffic by nonresidents, particularly during the morning and evening rush hours, often "loving at excessive rates of speed. We, the residents of Werlein Street, believe that a reasonable solution to this problem would be to close off vehicul~r access to Werlein street at its intersection with Kirby Drive and we support the proposal to City Council to this effect.1I The petition was signed by every fami11 on the two block area. Mr. Weise explained that traffic at rush hour and during special events at the astrodome are using Werlein as a short cut to get to Holcombe and avoid the traffic light at the intersection of Kirby Drive and Holcombe. Several suggestions were considered by the residents, but thaone proposal they agreed to was to close Werlein at Kirby Drive. -~----'~'~'r=-''''- Mayor Pro Tem Bell asked if Mr. Weise thought closing Werlein might put more traffic on Cason Street. Mr. Weise did not think that would be a major problem. After discussion, Mayor Pro Tem Bell referred the petition to the Traffic Committee for their study and recommendation. Mayor Pro Tem Bell also suggested that the Police Department monitor the s ituati on. I Susan Freeman, Chairman of the Communications Committee, had sall)ples of recycled paper she was considering to use for printing "City Currents" and asked Council's approval to order enough paper for trial. Purchase of the recycled paper was acceptable to Council. Ms. Freeman suggested phone numbers of the members of Council be printed on "City Currents". Council members agreed their home phone number could be used. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Pro Tem Bell invited r,esidents 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 Agenda Item No. 10, Re-Roof of Colonial Park Facility, be removed from the consent agenda. CONSENTAGENDA: Motion was made by Councilmember Watson, seconded byCouncilmember Redeker, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Counci lmembers Jenkins, Redeker, Watson None Mayor Higley ~c 19- 9 ORDINANCE RELATING TO FRANCHISE AGREEMENT TO WARNER CABLE COMMUNICATIONS, INC.: Consideratlon was glVen to tne second, but not final, reading of Ordinance Number 1365. Mayor Pro Tem Bell read the caption, as follows: ORDINANCE NUMBER 1365 AN ORDINANCE AMENDING ORDINANCE NO. 1342 OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, WHICH ORDINANCE GRANTED A FRANCHISE TO WARNER CABLE COMMUNICATIONS, ING.; AMENDING SUCH FRANCHISE AND SPECIFYING A TIME WITHIN WHICH SUCH FRANCHISE, AS AMENDED, MUST BE ACCEPTED; AND CONTAINING FINDINGS AND PROVISIONS RElATING TO THE SUBJECT. Copies of Ordinance Number 1365, in the form required for adoption, were avail ab 1 e to a 11 members of City Counc i 1 and a 2 ~-,j,~~~ ..."..~,-- ;1 u. ~.lI.:I,:lI]!!JiIlmlIItllmDtlI.. ~-~._""'---'--'1~r.";,,,-~-r reasonable number of additional copies available to interested citizens present. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that Ordinance Number 1365 be accepted as presented on second, but not final, reading. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley ~50RDINANCE ESTABLISHING AND REESTABLISHING A FEE SCHEDULE: ~'\' Consideration was given to the first reading of Ordinance Number 1366. Mayor Pro Tem Bell read the caption, as follows: ORDINANCE NUMBER 1366 AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; AMENDING ORDINANCE NUMBER 1338 ADOPTED FEBRUARY 27, 1989; 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. Copies of Ordinance Number 1366, in the form required for ado.ption, were available to all members of City Council and a reasonable number of additional copies available to interested citizens present. Councilmember Jenkins suggested that, on Page 3, the charges for a house moving permit be increased from $200.00 to $300.00 and a demolishing permit be increased from $25.00 to $125.00. Motion was made byCouncilmember Jenkins, seconded by Council- member Redeker, that Ordinance Number 1365 be accepted on first reading with the amendments stated. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley 4{~O RF-ROOF OF COlONIAL PARK FACILITY: Consideration was given to :8 staff's recommendation for award of contract to re-roof the Colonial Park Facility. - ) Staff's recommendation was to accept the bid of Marton Roofing Company in the amount of $15,985.00. Motion was made by Councilmember Redeker, seconded by Council- member Watson, that City Council accept staff's recommendation and award the contract to Marton Roofing at the price of $15,985.00. 3 ;"-"",,:,,, ,..,...,. '.-II.'..Utlr.r:llrrn.',lTnm,i1l' 1,,1 . CouncilmemberJenkins asked if Council should consider rejecting the bid and rebidding the project. Acting City Manager Curtis Cooper reported that the MQrton Roofing bid was acceptable. The company has done work for the city on two other occasions and is known to be a reputable firm. Mr. Cooper suggested it would be better to proceed' and get the roof fixed and then the racquetball court floors may be repaired before the leaking roof does more damage to them. The necessity to re-roof the Police Station was discussed. , Councilmember Redeker suggested that City Council authorize re-roofing both buildings. Mr. Cooper explained that the Police Station roof was scheduled for repairs next year and therefore not budgeted this year. Council would need to appropriate funds for that project. It was the concurrence of City Council that staff be authorized to request quotes from three acceptable bidders to re-roof the Police Station on an emergency basis and for Council to appropriate the necessary funds for the project. Voting on the motion was as follows: Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley y~~~ PURCHASE OF MINI EXCAVATOR: Consideration was given to staff's recommendation for the purchase of the mini excavator and trailer. Staff recommended that the contract be awarded to the third lowest bidder, Trencher Haus, Inc., in the amount of $36,856.00. Trencher Haus, Inc., was the only bidder meeting all critical minimum requirements (the closest to the required specifications) and the bid most advantageous to the City. Motion was made by Councilmember Watson, seconded by'Councilmember Redeker, that Council accept staff1s recommendation and award the contract to TrenchserHaus, Inc., for purchase of the mini excavator and trailer at the bid price of $36,856.00. Voting Aye: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson Voting No: None Absent: Mayor Higley I _AJqnpURCHASE OF PROTECTIVE CLOTHING FOR THE FIRE DEPARTMENT: Consid- W eration was given to staff's recommendatlon tor purchase of protective clothing for the Fire Department. Staff recommended the contract be awarded to the low bidder, Casco Industries, at the bid price of $526.00 per set with the total price for 10 sets at $5,260.00. 4 ,- __.lotl""_".ua-: 1-"-._.II.'..lI1lT~r:;lTrrTl1,lll1ll1,lIr . "',.,1 ,..1 Motion was made by Councilmember Watson, seconded by Councilmember Redeker, that Council accept staff's recommendation and award the contract for purchase of protective clothing to Casco Industries at the total price of $5,260.00. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley ~ 1976 BOND PAYMENT: Consideration was given to the invoice in the lo'.-' amount of $TlO,175.00 submitted by First City National Bank of Houston for principal and interest due on the 1976 bond issue. Motion was made by Councilmember Watson, seconded by Council member Redeker, that the invoice submitted by First City National Bank of Houston in the amount of $110.175.00 be approved for payment. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley G\fU "r/ 1988 BOND PAYMENT: Consideration was given to the invoice in the ~ amount of $314,743.75 ~ubmitted by First City Bancorporation of Texas for principal and interest due on the 1988 Bond Issue. Motion was made by Councilmember Watson, seconded by Councilmember Redeker, that Council approved for payment the invoice in the amount of $314,743.75 submitted by First City Bancorporation of Texas. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley ~n HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the ~t)/ invoice in the amount of $7,781.00 submitted by Harris County Appraisal District for the second quarterly payment. Motion was made by Councilmember Watson, seconded by Councilmember Redeker, that the invoice in the amount of.$7,781.00 submitted by Harris County Appraisal District be approved for payment. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, February 12, 1990; and 5 (b) City Council Regular Session, February 12, 1990. Councilmember Jenkins offered the following corrections to the minutes of the February 12, 1990 workshop: Page 10, second paragraph from bottom of page: Councilmember Jenkins questioned feAe4A~ curbing the west end of the property. Page 10, last paragraph: Curti s Cooper advi sed that feAe4A~ curbi ng was not. put into the contract but the City would provide it. Hearing no further corrections or amendments, motion was made by Councilmember Redeker, seconded by Councilmember Watson, that the minutes be approved as corrected. Voting Aye: Voting No: Absent: Mayor Pro Tem Bell, Councilmembers Jenkins, Redeker, Watson None Mayor Higley COUNCIL COMMENTS: Councilmember Redeker reported there had been some conflict 6ver the days to celebrate "Earth Day" and~aspecial event planned by the Parks Board. Councilmember Redeker suggested a community ca.lendar be kept in the City Secretary's office and that the commi ttees and poards be requested to call the dates of their special events to that office. If a date were already chosen by one group, that same date would not be available to another. Perhaps, with the use of the community calendar, conflicts of this type would not occur. Those organizations reporting would be the City.s ,boards and committees, school projects, Tri-Sports, etc. STAFF REPORT: Acting City Manager Curtis Cooper stated he would make his report in workshop session. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Redeker, seconded by Councilmember Watson, that the regular session adjourn and Council return to workshop sessi()n. Such motion carried and the regular session was adjourned at 8:35 p.m. ' 6 , '_I ~_ __ _ ___-----'----'- .",.,.."...... . u ._.f1.,I..llm~lln:n.UlIUII~--- ~-" <J 0 >".l(,J \)\; Iii ~~ CITY COUNCIL WORKSHOP SESSION THURSDAY, MARCH 8, 1990 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 5:30 P.M. City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Thursday, March 8, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Jenkins, Redeker and Watson. Council- member Bell arrived at 5:45 p.m. Also present was the City Secretary. \)\. t> ~ DISCUSS AND FORMULATE CRITERIA FOR NEW CITY MANAGER: \[ Mayor Higley recessed the workshop session at 5:55 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). The City Secretary was excused at this time. At 6:30 p.m., Mayor Higley reconvened the workshop session. INTERVIEW SEARCH FIRMS: Mayor Higley and members of City Council interviewed five firms. ADJOURNMENT: With no further business to come before Council at this time, Mayor Higley declared the workshop session adjourned at 9:23 p.m. _...__.~~-- . ......- ~~I'T'1I1l=mrnm~'_..---~-rr:.~T ~ \~ Q\.O ~~ ~ ~ 1l{q ~~/~<> CITY COUNCIL WORKSHOP SESSION MONDAY, MARCH 12, 1990 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, March 12, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, the Fire Chief, the Chief of Police and the Deputy Director of Operations. DISCUSS AND CONSIDER IN-TANK MONITORING SYSTEM: Acting City Manager Curtis Cooper reviewed the alternatives available to Council concerning in-tank monitoring requirements. Mr. Cooper explained that the ,tanks have been tested but the ground under the tanks had not. The main concern was the age of the tanks which was estimated to be between 30 and 40 yearS old. Should Counci'l opt to remove the tanks, the, prices under review do not reflect ground clean up after removal. If, after the tanks are removed, it is discovered there is a problem the city would be responsible for up to $10,000 for the cost of remediation plus the cost of ground clean up. The options available for consideration were, as follows: 1. In-Tank Monitoring Using the Probe Method. As discussed previo[Jsly, the bid was $13,900. If divided over 8 years, the cost would be $1,137.50 per year. Using this method, in 1998 we must proceed with cathodic protection and spill/overspill, quoted in 1989 as $17,600 (see no. 3) for a total cost of $31,500.00 2. Inventory Control and Yearly Tank Tightness. Cost to stick tanks and reconcile daily is $6.23 extended to a yearly cost of $1619.80. Tank testing is $1600 fora total of $3219.80 per year. Over 8 years = $25,758 plus spill/overspill and cathodic protection $17,600 (1989 price) equals $43,358.00. r 3< Inventory Control and Five-Year Tank Tightness. Cathodic protection and spi l1/overspi 11 must be install ed plus two 5-year tank tightness tests. $20,800 divided by 8 yrs. = $2,600 per year plus daily inventory and reconciliation at $1619.80 for a yearly total of $4219.80 X 8 yrs. = $33,758.40 + $13,900 for monitoring system in 1998= $47,658.40. ( --'--'0""';--~~!"ll'!l1!ll~!lIlDD!'JIlC'----- - ~~,_. -.""r'lc.:,'.".T,",~- 4. Abandon Existing Tanks and Purchase Fuel Elsewhere. In checking 10 surrounding gasoline stations, the average cost per gallon of unleaded plus was $1.06/gallon. Presently, we purchase fuel at $0.65/gallon resulting in a difference of $0.41/gallon. Over the last six months, the City's average usage has been 4000 gallons per month. To calculate, take $0.41 less 30% discount = $0.29/gallon X 4000 X 12 months = $13,920 per year. Over the last six months, the city has used approximately 1900 gallons per month of diesel. In checking the same 10 stations, only 3 sold diesel at an average of $1.27/gallon. Our cost is $0.72/gallon, a difference of $0.55/gallon. To calculate, take $0.55 less 30% discount = $0.39 X 1900 gallons X 12 months = $8,892.00. In summary, the difference in costs wou-ld be approximately ..$22.812.00 per year. To abandon the tanks, a cost estimate was prepared by Ensafe, Inc., an underground storage tank specialist. Their calculation resulted in the following: Less 30% due to bidding process TOTAL $5,200 9 , 100 20.530 $34,830 10.449 $24,381 To Inert Asphalt Tank Remove unleaded 3626 Milton Remove unleaded and diesel @ 3625 Milton Summary to abandon and purchase elsewhere: Purchase fuel $22,812 (difference) Remove Tanks 24.381 TOTAL COST FOR 1990 $47,193 5. Remove All Tanks and Install New Ones. Removal of 3 tanks andjnert one Installation of 2 new tanks TOTAL COST FOR 1990 (Original quote by Ensafe was $54,350 less $24,381 38,045 :jlbZ,4Z6, 30% for bidding) FINAL SUMMARY To reach complete compliance by 1998: 1. $ 31,500 Includes 4 tank~ 40+ years old. 2. $ 43~358 Includes 4 tanks 40+ years old. 3. $ 47,658 Includes 4 tanks 40+ years old. 4, $206,877 Re'flects $0.29 and $0.39 difference ir} fuel prices for 8 years plus pulling tanks. 5. $ 62,426 Pullout 3 tanks-Inert 1 tank and install 2 new tanks. This would leave us w1th nu asphalt tank. 2 !-. . -:.tl '~" 111I1!llIrn:t:ll]~lDInl:!ll~' lL~1 -1 ".. - ., Councilmember Bell recommended as the most cost effective solution to test the tanks once a year and monitor them every day (option 2) . ~ Councilmember Jenkins was also in favor of option No.2. Curtis Cooper agreed Council may go with option 2 now and budget the money next year. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council authorize staff to proceed with option No. 2 and to give proper notification to the Texas Water Commission. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None DISCUSS AND CONSIDER AUTHORIZING TRAFFIC ENGINEERS, INC., TO DEVELOP ~o DRAWINGS FOR PROPOSED WIDENING DESIGN OF WESLAYAN THROUGH TWO ~ SIGNALIZED INTERSECTIONS. < \1 Mayor Higley advised that there was a recommendation submitted by the Traffic Committee to widen Weslayan at the Rice Boulevard and University Boulevard intersections. Mr. Cooper explained that the proposal from Traffic Engineerls Inc., included the following: Phase A 1. Phase B 1- 2. 3. Phase C 1. 2. 2. Develop schematic drawing showing a proposed widening design through the two signalized intersections. The schematic design would reflect the existing right of way, the proposed curb widths and the transitional length. The schematic would reflect the exisiting physical features, i.e., trees, signals, sidewalks, etc., within the right of way. Prepare drawings and report of proposed design. Prepare for a presentation to the City, if desired. Develop utility modifications and utility relocations necessary to construct the proposed schematic design. Develop costs estimates for the proposed project. Prepare report of findings and present to City Council. Prepare construction plans, specifications and estimates. Assist the City in obtaining bids and construction. For Council IS consideration tonight was Phase A. 3 ....r.. .. .'.,~rrrmrrmmnl1l~'------'---------""""'~"'-~~"- There were many people present who were interested to hear Council1s decision. Among those who spoke in opposition to the project were residents from the following addresses: 3936 Arnold 4001 Byron 3936 Milton 4016 Marlowe 3935 Arnold 4001 Rice 3938 Coleridge 6615 West Point 4002 University 3933 University 4141 Riley 4002 Case 4001 Rice 4016 Marlowe 3926 Case 4002 Milton 3928 University 3932 Amherst One resident, 2907 Nottingham, thought there was a problem with the traffic and that the intersections were too tight. After hearing from the residents, moti on was made by Council member Bell, seconded by CounciTmember Watson, that City Council not authorize Traffic Engineers, Inc., to develop schematic drawings for proposed widening design of Weslayan. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Voti ng No: Absent: 01.0 DISCUSS AND CONSIDER SANITARY .5EWERNEAR EDLOE FROMALBANS TO ~~' GEORGETOWN: . Consideration was given to the following: (1) authorizing engineering services for preparation of plans and specifications to relocate the line; and (2) approving Acknowledgment and Consent Form for 3707 Nottingham. Mr. Cooper explained that the house at 3707 Nottingham has a sanitary sewer line apprpximately 10 feet from the westerly lot line. The sewer line runs north/south through the property. There are similar situations on Nottingham, Arnold, Tangley and Plumb. The area lies within the Priority Area 4 of the Sanitary Sewer Renovation Master Plan which is the next scheduled priority area for renovation. Staff proposes Council consider authorizing engineering services for plans and specifications to construct an 8" sewer line to Edloe Street and a lift station, force main and sewer lines on the east side of Poor Farm Ditch. There is . sufficient money in the bond fund balance to complete the project. As the City advances to Priority Area 4 improvements, this area will be completed and will tie in- with the ,master plan. Engineering costs for plans and specifications are estimated at $51,000.00. 4 :' "'"II',IIIITITrmrr'I'Ull1m,'1I1 )0.-..>' -'1"r'-~~~ The second part of staff1s request was for Council to consider approving the Acknowledgment and Consent Form for 3707 Nottingham. The City Attorney, the property owners and the potential property owners have worked diligently to come to an agreement. The form before Counc.i 1 tonight is the onefi na lly agreed to by all parties. Mr~ Cooper explained there was an understanding among all parties that the City would begin the relocation of the sewer line after the Rice Bridge is replaced. That decision was made to avoid unnecessary inconvenience during the Rice Bridge construction. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that City Council authorize Langford Engineering Inc., to prepare plans and specifications for Priority Area 4, modified Phase 1 on Edloe Street. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Motion was then made by Councilmember Redeker, seconded by CouncilmemberJenkins, that Council approve the Acknowledgment and Consent Form for 3707 Nottingham. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, R.ooeker,Watson None None At 7:30 p.m., Mayor Higley recessed the workshop session to convene in regular session. Mayor Higley reconvened the workshop session at 8:12 p.m. with the following present: Mayor Higley presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Staff members present were the Acting City Manager, City Secretary and the Superintendent of Utilities. ~" INTERVIEW SEARCH FIRMS: Go' ~ . Two firms were interviewed by City Council. CA..O nT Sr.IISS AND r.Q~SI n~R PROPOSALS SUBMITTED BY SEARCH FI RMS: 0\- \0 After discussion, City Council unanimously concurred that the Mayor would check references on two firms : MSN (Mercer, Slavin, & Nevins, Inc.) ,and Ralph Andersen.& Associates. Based on the references, Mayor Higley would dec'ide with which to contract. firm 5 a..:> 1\1;/ COUNCIL COMMENTS: No member of Council had additional items for discussion. STAFF REPORT: Curtis Cooper reported that when the Rutgers Place Townhouses were built, there was no utility easement granted to the city. Several years ago there was a letter agreement that if repairs were needed to the utility lines, the city would make the repairs and the townhouse association would be responsible for repairing the concrete work. There is a water leak in the city1s.line to the townhouses under the driveway. However, the city does not work on private property. A letter, dated March 9, 1990, from the president of Rutgers Place Community Association stated that if the city would repair the line, that Rutgers Place Community Association would be responsible for such surface repair to the driveway (concrete and pea gravel). Mr. Cooper recommended that staff proceed to repair the water leak under the conditions stated in the letter agreement and, further, that staff develop an easement procedure for similar situations involving other townhouse developments~ By general consent, City CounciTagreed staff should proceed as recommended. ADJOURNMENT: With no further business to come before Council at this time, motion was made by CounciTmember Redeker, seconded by Councilmember Watson, that the workshop session adjourn. Such motion carried and the meeting was adjourned at 9:48 p.m. 6 ,,'~"'~ S) ~ ~~ ~~ /1 ~'9 REGULAR CITY COVNCIL MEETING MONDAY, MARCH 12, 1990 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, March 12, 1990, wi th the fo 11 owi ng members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, City Attorney, .Deputy Director of Operations, the Fire Chief and the Chief of Police. Councilmember Redeker delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Higley invited residents to speak who had lI1attersthey wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Michael T. Walsh, President, Rutgers Place Community Association, addressed Council concerning a water leak on the townhouse property. The City has no easement on the property on which to access the leak to make repairs. Mayor Higley responded she was aware of the problem and advised Mr. Walsh that the City would be willing to work out something so that the city crews can go on the property and repair the line. Mr. Walsh stated the townhouse association would be willing to grant an easement for the repairs and have it on record for the future. 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 item No. 8, Re-Roof Police Department Building, and item No.9, Certificate of Occupancy for Theode Auto Supply, be removed from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that with the exception of items 8 and 9, the consent agenda be approved in accordance with staff recommendation. .. ,.n . ""~'!I!fflmlfl'Tl'tmm~-------------'-T,"""",,'---ccrr'T""=~'- ;'-'1.. ,.", ;. "i"l'.-l-,Hili:U.sr.- Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson . None None ~ ORDINANCE RELATING TO FRANCHISE AGREEMENT TO WARNER CABLE COMMUNI- l VI Q 1)./ CATIONS, IN{;.: {;OnSloeratlon was glVen 'to the third dud Firldl n:!ddillg-of Ordinance Number 1365. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1365 AN ORDINANCE AMENDING ORDINANCE NO. 1342 OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, WHICH ORDINANCE GRANTED A FRANCHISE TO WARNER CABLE COMMUNICATIONS, INC.; AMENDING SUCH FRANCHISE AND SPECIFYING A TIME WITHIN WHICH SUCH FRANCHISE, AS AMENDED, MUST BE ACCEPTED; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1365, 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 Watson, that Ordinance Number 1365 be adopted on third and final reading as presented. Voting ,Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ~~_~~ ORDINANCE ESTABLISHING AND REESTABLISHING A FEE SCHEDULE: Consideration wasglven to tne secono readlng of Ordinance Number 1366. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1366 AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; AMENDING ORDINANCE NUMBER 1338 ADOPTED FEBRUARY 27, 1989; 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. Copies of Ordinance Number 1366, 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. 2 ,'........ . ------~-------------..,IT~=wTI"1I1l~nT'..-.----------"--'-..-,,----~""-''-'..T- Motion was made by Coundlmember Redeker, seconded by Councilmember Jenkins, that Ordinance Number 1366 be adopted on second reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, WatsOn None None f\~/qp ORDINANCE RELATING TO POSTING AND MAINTENANCE OF STREET ADDRESS NUMBERS: ConslderatlOn wasglVen to tnefl rst reaOl ng Of uroinance Number 1367. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1367 AN ORDINANCE REQUIRING THE POSTING AND MAINTENANCE OF ASSIGNED STREET ADDRESS NUMBERS ON CERTAIN BUILDINGS OR STRUCTURES WITHIN THE CITY OF WEST UNIVERSITY PLACE; AMENDING THE CODE DF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1367, in the form required for adoption, were available .to all members of City Council and a reasonable number of addltional copies available to interested citizens present. Councilmember Bell questioned the language in subparagraph (2) which required that lIat least part of the number must be located within eighteen inches of the principal entrance to the bui'lding or structurell. Councilmember Bell thought eighteen inches might not be acceptable in ~ertain cases. Motion was made by Councilmember Bell that the ordinance be amdended to "at least part of the number must be located within twenty-four inches of the principal entrance to the building or structure". Councilmember Redeker seconded the motionwhi~h carried by the following vote: Voting Aye: Voting No: Absent: . Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Motion was then made by Councilmember Bell, seconded by Council- member Redeker, that Ordinance Number 1367 be accepted on first reading as amended. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell ,Jenkins, Redeker, Watson None None 3 ;1..;:-"-"'-:-- ---"'~"'T"-'i . .. 'If' fl~Irn!l'l'rnlm'Tl'rnn:1f'----------- t\.)l.o f\ RE-ROOF POLICE DEPARTMENT BUILDING: Consideration was given to staff1s recommendation for award of contract to re-roofthe Police Department Building. Staff recommended the contract be awarded to the low bidder, Marton Roofing Co., in the bid amount of $13,693.00. Councilmember Jenkins questioned the warranty. Deputy Director of Operations Jerry Burns responded that the manufacturer inspected the installation and if the installation were approved, the manufacturer would give the city a warranty of twelve years. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that City Council acceptstaff1s recommendation and award the contract for the emergency re-roof project to Marton Roofing Co., in the amount of $13,693.00. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redek~r, Watson None None ~j"O CERTIFICATE OF OCCUPANCY FOR THOFnFAIITO SIIPPIY. Considerationwas ~ given to authorizing the Acting City Manager or his designee to sign the Certificate of Occupancy Affidavit for Theode Auto Supply. Councilmember Jenkins asked how much was the city's lease with ~heode Auto Supply. Mr. Cooper explained he did not know but would get the information. The City Attorney advised-that the City of Houston was requiring the Certificate of Occupancy for Thoede Auto Supply. The Certifi~ate carried with it an Affidavit relating to deed restrictions (if any) on the property. Mr. Dougherty recommended that either the Acting CHY Manager or his designee be authorized by Council to sign the affidavit. Motion was made by Councilmember Jenkins, seconded by Councilmember Redeker, that the Acting City Manager or his designee be authorized to sign the certificate of occupancy affidavit on behalf of Thoede Auto Supply. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None '1ta,ql;) ENGINEERING SERVICES FOR VARIOUS UTILITY REI ATEn PRO.JECTS: Consideration was given to the invoices totaling $11,708.77 s.libmitted by Langford Engineering Inc., for the following: (a) Invoice No. 6070 in the amount of $1,084.44 for Sanitary Sewer Renovation, Priority Area 3; 4 "'-'1~t,::i':V:-":<"'yi;~~!~'~:;.r;>K-ij<?i:f~-~';;~'i',"H':~;r,i:!> I iI' Iii I,ll 'eli;' "!.'II .~_.____._jJjli) ,II ". ;.-."ih"'-;~'" 'r~~llmmrmmll!lllf:llDfI~-'------'~7-~'F"""-'!~F- (b) Invoice No. 6072 in the amount of $6,406.97 for Water Line Replacement Project, Water Priority Area No. 2b; and (c) Invoice No. 6073 in the amount of $4,217.36 for Improvements to the Wakeforest Water Plant. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None no PURCHASE OF GARBAGE BAGS: Consideration was given to authorize the f\Y\, /11\ ,\1 purchase of garbage bags through the Interlocal Purchasing Agreement with Houston-Galveston Area Council. Because the Houston-Galveston Area Council can del iver refuse bags at the lowest cost to the city, staff recommended that the Apdl issue of refuse bags be purchased through H-GAC at the cost of $18,059.45. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that staff be authorized to purchase refuse bags through H-GAC. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell ,Jenkins, Redeker, Watson None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,671.40 submitted for legal services provided on the city1s behalf for the month of February 1990. Motion was made by Councilmember Bell, seconded by Councilmember Watson, that the invoice for legal services be approved for payment as presented. ~\) f'\.'l// Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None, CITY COYNCIL MEETING MINUTES: Consideration was given to the mi nutes of the City Counci 1 meeti ngs, as follows: (a) CitY"Council Workshop Session, February 26, 1990; and (b) City Council Regular Session, February 26, 1990. n-' __ ~_~-'--'-.!..'- "'- 5 .... ..1....." ~. .....rr.lI;.lIurrnrrlll[IJIIIIIIDIIUI,. 'iLl'" ,-'r The City Secretary offered that the mi~utes of the workshop session on February 26, 1990 be amendea, as follows: On Page 5, Under Staff Report: "Mr. Cooper distributed the Recog~ition Response Request Monthly Report. The closing date of the report was January 31,. In March~ Mr. Cooper would distribute the February report and continue through the year so.that at the ft~st second meeting of each month, Cou~cil would receive the prior month1s report.r Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council approve the minutes as amended. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None COUNCIL COMMENTS: Councilmember Jenkins brought to Council1s attention the letter from Ms. Offman cbncerning the piano at the Community Building. Mr. Cooper advisetl that staff would work to an agreeable solution. I Councilmember Jenkins asked about the removal of concrete chunks from the JMH site. Jerry Burns respon~ed that the site was being cleared, but it was not yet comp~ete. ' Council,!,ember~edeker reported that thrre was so,!,e confusion concernlng Sprlng Clean Up day scheduled for Aprll 28 and Earth Day celebration scheduled for April 221. Councilmember Redeker suggested a community calendar be maintained and inform the Recycling Committee Co-Chair of events. Councilmember Redeker suggested staff Igather information on hazardous waste disposal between now Td Fall Clean Up. Councilmember Bell asked when the Swa~thmore/Academy intersection would be completed. Mr. Cooper expla~lned that the concrete had to cure for a certain period of time before the overlay was applied. Councilmember Bell inquired into the Jil tank with the barricade located at the recycling drop off. Jerry Burns reported the tank was for recycled oil and the barricade was to contain any spill. Mayor Higley thanked staff for the reoycling effort and congratulated them for working to exp~nd recycling to grass clippings and composting. 6 1-, Jr;-. ,.,,1 ,... ,;,.,,:,li.I'r.... .'rflf~nnn~-~-'-------,.---,~-~I'~-~ Mayor Higley appreciated the report fr6m Inspection Divison and recommended the report be placed on th~ next agenda for discussion. I Mayor Higley reported that Curtis Cooper was working with the Little League.to g:t their trash p~acer behind the f:nce. STAFF REPORT: ActlngClty Manager Curtls Cooper had nothlng further for Council IS consideration at this ti~e. ADJOURNMENT: With no further business to cbme before Council at this time, motion was made by Councilm~mber Bell, seconded by Councilmember Jenkins, that the regula~ session adjourn. Such motion carried and the meeting adjournbd at 8:10 p.m. 7 t ~o tf CITY COUNCIL WORKSHOP SESSION MONDAY, MARCH 26, 1990 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, March 26, 1990, with the following members present: Mayor Higley, presiding; Council members Bell, Jenkins and Watson. Councilmember Redeker arrived at 6:35 p.m. Also present were the Acting City Manager, City Secretary, Acting Director of Operations, Chief of Police, Captain Moultin, Chief Building Inspector, Assistant Building Inspector and Superintendent of Utilities. The City Attorney arrived at approximately 7:10 p.m. AGENDA REVIEW: Members of Council asked questions concerning several agenda items including the following: (a) The Tri-Sportsinvoices submitted for payment; (b) Purchase of uni forms; (c) Emergency repairs for the pumps at the wastewater treatment plant; (d) Repai r of the front end loader (e) Street address ordinance DISCUSS AND CONSIDER INSPECTION DEPARTMENT PLAN: 1\0.,./ Gte. (a) (b) Red Tag Procedures ' High Weeds and Grass Procedures Chief of Police Steve Griffith reported on modifications in,the Inspection Division. Progress has been made in the areas of departmental organization, communications, records management, code enforcement and professional development. Chief Griffith presented areas for Council'S consideration. The red tag procedures adopted in July 1989 were not working and created too much time delay. It is frustrating to the residents. It was the Chief1s recommendation that the inspectors beglven the authority to issue' citations on the scene at the time violations are observed. . Currently the Southern Building Code provides a process whereby the Building Official can shut down a construction site for safety or health violations. The cityls current ordinance removed the o. '~'''''[[' ,L'1I11Irnrrm:~,.I1l11111U111, II . -=rr~"-'~~--'i [q-cto ~~ authority of the Building Official to use this section of the code. The recommendation was to give the Building Official the discr~tion to shut down job sites. The current ordinance allows a contractor 180 days from the time a permit is issued to install site drainage. This results in neighboring properties being flooded because of dirt stacked on lots during the construction process. It was recommended the building regulations ordinance be amended to require builders to remove the excess dirt. Chief Griffith recommended the tree ordinance be simplified so that the lists refers to a species rather than specific types of trees. city Council recommended staff make recommendations concerning the tree list. The Chief further recommended that contractors be required to provide protective fencing around trees at new construction sites to protect tree roots from damage. He also recommended contractors be required to erect temporary fencing along the side and rear borders of a new construction site to keep workers and materials restricted to the job site. In an effort to increase the department1s efficiency, it wa,s recommended the Inspection Division be closed from 12:00'noon to 1: 00 each day for 1 unch. The offi ce acti v i ty is more than one or two people can handle whi ch resu 1 ts in inspectors coming in from the fi el d to work in the offi ce duri ng 1 unch. I f the offi c.e is closed for an hour for lunch, theinspectprs would not be required to be out of the field for that time. City Council concurred with the recommendation. After discussion, motion,was made by Councilmember Watson, seconded by Councilmember Bell, that City Council authoriz.estaff to develop and implement policies and procedures for the. inspectors to issue citations to replace. the current red tag procedure. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins Redeker, Watson None None The City Attorney arrived at 7:10 p.m. Chief Griffith explained that the current policy for code violations pertaining/to high weeds and grass was to send a notice of the violation which allows a 10 day period for the property owner to clean the area. What the Inspection Division would like to do is to issue a citation one day and mow the next day. The fine would offset the cost of mowing. The Inspection Division has 2 ~" ~ .'-'- k_.."....'''''....,... " .~:".H-j]JJmIInumruIIIIllllilui[JL. "'II-=~:'ii g~ - '70 2. \ -~() already sent letters of warning to property owners of vacant lots and to those who have a history of violations. City Attorney Jim Dougherty explained that the law provided for a city to summarily abate a nuisance. However, the health code has a lO-day notice rule. Mr. Dougherty recommended he be given time to research the question more thoroughly before Council made a decision on mowing these lots. Motion was made by Councilmember Redeker, seconded by Council- member Bell, that City Council adopt the citation/mowing policy subject to the City Attorney and Chief of Police working out procedures. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Councilmember Jenkins asked when the policies and procedures would be prepared in writing for presentation to Council. , thief Griffith responded that the policies and procedures should be ready for presentatjon at the next regular council meeting. Steve Toomey, 6344 Rutgers, stated the current ordinance requires site drainage on new construction at least by the 180th day following the day the construction begins. The Inspection Division's interpretation is to allow the contractor 180 days after construction begins. Mr. Toomey thought the ordinance should clearly require contractors to provide drainage during construction. . Also, contractors ,as a matter of course, are raising the elevation of lots to the point that water will continue to drain onto neighboring properties. Mr. Toomey thought this problem needed to be addressed. Steve Griffith suggested the city might require a retaining wall around property of new construction when the lot elevation is raised. It was the consensus of Council that the City Attorney wOFk up a recommendation for site drainage either by a different interpre- tation or amending the ordinance. Motion was made by Councilmember Jenkins, seconded by Councilmember Watson, that staff make recommendation to amend Chapter 6 of the Code of Ordinances (Building Regulations) to incorporate protective fencing around trees during construction. Voting Aye: Voting No: Absent: Mayor Higley, Council members Bell, Jenkins, Redeker, Watson None None 3 Ill. ,HI ; .'1 _;l~tl,,;II.111 1----,.~rc,'-r=Tremllmullfmmnmn~----------,----",-----r'.T".Tr'-'-~'r -- 1& "'---- .- Mayor Higley recessed the workshop session at 7:30 p.m. to convene in regular session. At 8:10 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Staff members present were the Acting City Manager, City Secretary, City Attorney, the Chief of Police and the Acting Director of Operations. Chief Griffith continued the review of Inspection Department plans. He suggested that amendments to Chapter 6 of the Code include a form survey. To insure compliance with set back restrictions, a form survey would be performed before a slab is poured. Currently, this is done by visual inspection. A form survey would be a relatively inexpensive method for ensuring compliance with set backs. Many cities already require them. By general consent, City Council accepted the recommendation to require a form survey. Chief Griffith suggested a dumpster be required on building sites-during framing, bricking and interior phases of construction. The Chief also suggested there needed to be a clarification of the issue of stacking materials or placing dumpsters on city easement. Usually, when a house is demolished, side walks are removed as part of the process of cleaning the lot. The Building Inspection Department has interpreted the current ordinance to allow a contractor to stack building materials behind the curb line. If dumpsters are required, this interpretation would need to continue. There would not be enough space to place a large dumpster in the area of the front set back. In discussion, City Council was not in favor of requiring dumpsters. It was thought the dumpster would require too much space at the construction site. City Council agreed staff should prepare a compromise for handling construction trash. Chief Griffith continued that the Inspection Department recommended new construction contractors be made responsible for the street and curbs in front of building sites. If a bonding process is required, the Inspection Department could handle the bonds. Another suggestion was to require contractors to replace/repair curbs (where a curb existed previously) whether the contractor caused damage or not. City Counci 1 genera lly concurred wi th the suggesti ons and asked staff to report back to, Council with a recommendation. The Inspection Department suggested the Streets and Sidewalks section of the code be amended to require sidewalks for all lots and the sides on corner lots. 4 . d.._.o__..L.--L____u.__ -------r---'-~....,~~~~rmlllDllD:11 . -.1 6..... City Council agreed with the suggestion and ask that an amendment be prepared to the Streets and Sidewalks ordinance. Chief Griffith pointed out that there have been several instances where unscrupulous remodeling contractors have preyed on senior citizens. The Inspection Department recommended a licensing/registration process for all contractors be implemented. This would require an amendment to Chapter 6 of the Code (Building Regulations). City Council concurred with the recommendation. The City Attorney advised that amendments to Chapter 6 would be numerous since ,the last legislative session enacted laws which triggered the changes. He would trY to have the Chapter 6 revision ready for Council in the next two weeks. ?_ qQHOUSE MOVING ORDINANCE..: @, Chief Griffith reviewed suggested changes to the House Moving Ordinance. Included in the changes was the recommendation to increase the house moving permit fee to $500 which would cover the cost to the city to provide an escort officer for the moving contractors. Bob Norris, former police office who was the escort officer for house moving contractors, suggested Council consider the liability issue involved if it was decided to use empl.oyees of the city. After discussion, Council agreed to place the authority for selection of an escort officer with the Chief of Police and to authorize the amendments to the ordinance be prepared for their consideration. ~oDISCUSS ZONING AND PLANNING ISSUES: ~1;J/ Chairman Wilson of the Zoning and Planning Commission asked for Council IS direction pertaining to issues under consideration by the Z&P. Technical changes to the zoning ordinance were reviewed as well as other issues. After discussion, Council decided that the Mayor would communicate with Chairman Reid Wilson the following: (a) to strive for a compromise on set back lines on bigger lots; (b) that established building lines remain as stated in the zoning ordinance; (c) Kirby Drive area: Reid Wilson to talk to the Long Range Planning Committee concerning feasibility of the Kirby Townhouse District; include Community and Bissonnet in their recommendation. 5 .. =.L..L__~__.LcL.Li1 IC_____" ___Jlj-,,~______~_ ~. - '; -:__10 .11.... :O-"'-""1nJ~Dll!:"---~---------~~-----""~ COUNCIL COMMENTS: Mayor Higley recommended the Recycl in9 Committee be allowed to sell t-shirts during Earth Day and Park Fest Celebrations. Members of City Council concurred. STAFF REPORT: Acting City Manager Curtis" Cooper reported that Southwestern Bell would be making a utility cut down Bissonnet from Newscastle to Academy. Mr. Cooper exp la i ned he contact~d the newspapers to run articles so that the residents~would know to avoid the area as much as possible. According to Richard Cole, from Southwestern Bell, construction should begin next week and take one month to complete. Mr. Cooper reported on staffls meeting with the Long Range Planning Infrastructure Committee. Information was shared which should prove mutually beneficial. to the committee members and staff. Curtis Cooper reported that a computer terminal had been installed in the lobby of City Hall for residents and other interested parties to use to gain information from the tax rolls. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Redeker, seconded by Councilmember Bell, that the workshop session adjourn. Such motion carried and the meeting was adjourned at 9:40 p.m. '> 6 ,,' ,,'I ,. '''' l(H: "',I~'f1iiHl""-:" I : .. ''''II''il,;'1I1l1TliITllm7l1i11I1nllnrn:---'~-''----~ ",1 'IT! ~~ frp tJ: REGULAR CITY COUNCIL MEETING MONDAY, MARCH 26, 1990 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, March 26, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Acting Director of Operations and the Police Chief. Councilmember Watson 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. Linda Brannen, 4131 Southwestern, Co-Chairman of the Recycling Committee, addressed Council and left minutes of committee meetings to be distributed. Ms. B.rannen thanked the members of Council and staff for their participation in the townhall meeting on February 6. Ms. Brannen presented a brochure designed for the Earth Day celeb~ation. The Recycling Committee wished to have 6,000 printed and mailed to residents. Ms. Brannen asked City Coyncil to authorize the expenditure of $87.00 to pay for the printing. Ms. Brannen also asked Council's permission to sell t-shirts on Earth Day and Parks Fest Day. By genera] consent, City Council felt they could agree to authorize $87.00 for printing the brochures. Michol O'Connor, 6119 Lak~, Chairman of the Long Range Recycling Committee, addressed Council and left minutes of the February and March meetings to be distributed to Council. Sarah DeLatorre, representative from the Long Range Recy~ling Committee, presented and read the following Resolution: RESOLUTION OF THE LONG RANGE RECYCLING COMMITTEE WHEREAS, the Long Range Recycling Committee of the City of West University is interested in recycling plastic; ~~ ., n 'I., ___..ljG:_~ i':'o-"Iil.l:fu;jlau. . . "llll"RllITmilll1ljJJIIIDIlUm' '~-"------~--""'ir,,--',-T WHEREAS, Michol O.Connor, the chair of the Long Range Recycling Committee appointed a subcommittee to study the possibility of having curb-side pick-up of plastic; WHEREAS, the Recycled Plastic Subcommittee met and voted to recommend weekly pick-up of plastic; WHEREAS, the Recycled Plastic Committee presented its report to the Long Range Recycling Committee at the March 6, 1990 meeting; WHEREAS, the Long Range Recycling Committee adopted the recommendation of the Recycled Plastic Subcommittee at the March 6, 1990 meeting; NOW, THEREFORE, Sarah DeLatorre, as the representative to the Long Range Recycling Committee presented this resolution to the Mayor and City Council of the City of West University Place; BE IT RESOLVED: The Long Range Recycling Committee requests that City Council study the possibility of adding plastic to the items that are picked up at curb-side. /s/MicholOIConnor, Chair Is/Sarah DeLatorre, Representative Mayor Higley received the resolution and advised Sarah DeLatorre that Council would consider the requested. Charl es Gi 11 an, 3620 Georgetown, expressed hi s appreci ati on for the way the city fire hydrants are being repainted .and the work the recycling committee is doing and the new recycling containers. Mr. Gillan appreciates the temporary "no parkingU signs on Georgetown where there is a great deal of construction in progress. Mr. Gillan ask~d if the parking at the, corner of. Rice and Auden could be investfgated. Parking on both sides of the street makes it difficult to make a safe turn at that corner. Mayor Higley thanked Mr. Gillan for his comments and agreed,the Rice/Auden parking needed to be remedied. With not only community building activities, but with the added Little League and. other games in progress, parking was a problem at that location. Mayor Higley referred the question to the Traffic Committee for their recommendation. Mr. Gillan asked if there would be a "clean up-spruce Up" effort before the Economic Summit. Mayor Higley offered she had planned to write an article in II City Currents II about the Economic Summit. 2 -"T'=""'U'""!J!:'~Df:~-------------O- - ------,-,,-rr"T.T":CC~--. Councilmember Redeker suggested the South Main Center Association has a program for that purpose and perhaps the city could be included. Pearl Chiu, 4143 Marlowe, expressed the appreciation of the residents in the 4100 block of Marlowe for the city staff trying to remedy the drain at the corner of Bissonnet and Marlowe. Mrs. Chiu reported that seven photinias were planted and the area looks much better. Residents were working on getting a fence on one of the residentls property. Mrs. Chiu reported she attended the Long Range Planning Committee last Tuesday and she was aware there was a recommendation for more trees at the end of Marlowe at Bissonnet. The problem was there is a sewage drain there and trees do not do well at that location. That is why she wanted some sort of fence. Mayor Higley advised that when the Long Range Planning Committee completed their recommendations, Council will put that on the agenda for discussion. Hopefully that would happen in the next few weeks. Jesse Hickman, 3777 Arnold, expressed his problem with the construction site at 3775 Arnold. The contractor has been working for a month but has not provided a port-a-can. Workers were knocking at the Hickmanlsdoor to use their bathroom. Also, there is a pool installed that has 6 inches of water in it. Mr. Hickman would like something done about these situations. Mayor Higley thanked Mr. Hickman for bringing the issues to Council's attention and referred the problems to staff. 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 removlng an ltem trom the consent agenda. CONSENT AGENDA: Motion was made ,by Counci 1 member Redeker, seconded by Councilmember Jenkins, tnat the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ORDINANCE RELATING TO POSTING AND MAINTENANCE OF STREET ADDRESS NUMBERS: Conslderatlonwas 11ven to tne second and findl redding of Ordinance Number 1367. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1367 3 AN ORDINANCE REQUIRING THE POSTING AND MAINTENANCE OF ASSIGNED STREET ADDRESS NUMBERS ON CERTAIN BUILDINGS OR STRUCTURES WITHIN THE CITY OF WEST UNIVERSITY PLACE; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1367, in the form required fo~ 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, Council- member Jenkins, that Ordinance Number 1367 be adopted on second reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None SEARCH FIRM CONTRACT: Consideration was given to authorize the Mayor to execute a contract with Ralph Andersen & Associates to perform a search for a city manager. The--contract before Council was the one reviewed by the City Attorney and agreed to by David Eisenlohr with Ralph Andersen & Associates. Councilmember Jenkins questioned Item No. 5 of the contract which stated that Ralph Andersen would IIconduct detailed background checks, exceptpol ice and credit checks, as appropriatell. Councilmember Jenkins asked who would do these checks. TheCity Attorney stated that if the checks were to be done, they would be done by the city. The credit check could be done at the cityls expense and the police check would have to comply with Department of Public Safety rules. Councilmember Jenkins questioned Item No. 6 IIDevelop and review a recommended list of finalists for the position with the Gity Council II. He was concerned that the city have the right to designate the number of finalists. Mayor Higley agreed it would be Gouncills discretion to specify the number of finalists to Mr. Eisenlohr. Councilmember Jenkins asked for clarification of the statement that lIif the appointee resigns or is dismissed by the City within one year of appointment, Ralph Andersen & Associates shall conduct another recruitment to fill the position without a fee for profess i ona 1 servi ces, but thi s ob 1 i gati on does not apply if the applicant is dismissed without a substantial reasonll. 4 , ,.....- ....".lr..l".1I111!1:~rr::IT1I:I!l'lll1l~------'~~'-~'''.~ The City Attorney explained that the original version stated that "if the appointee resigns or is dismissed by the City for cause within one year of appointment, Ralph Andersen & Associates shall conduct another recruitment to fill the position without fee for professional servicesI'. Mr. Dougherty asked Mr. Eisenlohr for clarification of the statement and Mr. Eisenlohr stated that i'f Council dismissed the city manager without cause, then his firm would not be obligated under this provision. For instance, if there were a charter amendment to remove the position of city manager;', then you would have a city manager with no position with the CitY,. That would be dismissal without cause. Hearing no further comments, motion was made by Councilmember Redeker, seconded by Councilmember Bell, that City Council authorize Mayor Higley to execute the contract with Ralph Andersen & Associates as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None EDLOE SANITARY SEWER AGREEMENT: Consideration was given to the Acknowledgment and Consent Form for 3706 Robinhood. Motion wasmadebyCouncilmember Redeker, seconded by Council- member Watson, that City Council approve the Acknowledgment and Consent Form for 3706 Robinhood as presented. Voting Aye: Voting No: Absent: Mayor Higley, Counci lmembers Bell, Jenkins, Redeker, Watson None None PURCHASE OF UNIFORMS: Consideration was given to staffls recommendation for award of contract for purchase of uniforms for the Operations Department. Staff recommended the contract be awarded to the low bidder, Al's Uniform Supply, at the bid price of $170.66 per complete . set wi'th the heavy coat or $168.99 per set with the windbreaker. Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that City Council accept staffls recommendation and award the contract to the low bi dder, A lis Uni form Supply, at the prices stated. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None AUTHORIZATION TO ADVERTISE FOR BIDS: Consideration was given to authorize advertlslng tor D10S for the following: 5 ,."',;,,,;-I;.U. . --r----~~~------~-._"~~~.~ (a) Weslayan/Stella Link Beautification; and (b) Janitorial Service for Police Building and Library. Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that City Council authorize advertising for bids for the items listed. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None TRI-SPORTSASSOCIATION FIELD IMPROVEMENTS: Consideration was given to the invoices totaling $13,330.00 submitted by Tri-Sports Association for fencing and backstop improvements at the West University Elementary School playing fields. Motion was made by Councilmember Redeker, seconded by CounciT- member Jenkins, that City Council approve for payment the invoices totaling $13,330 s~bmitted by Tri-Sports Association. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None SEWER LINE REPAIRS: Consideration was given to the invoice in. the amount of $27,664.00 submitted by Channel Construction Co., for emergency sewer line repairs for the 3800 - 3900 blocks of Case and Swarthmore. ) Motion was made byCouncilmember Redeker, seconded by Council- member Jenkins, that the invoice in the amount of $27,664.00 submitted by Channel Construction Co., for emergency sewer line repairs be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None WASTEWATER TREATMENT FACILITY REPAIR: Consideration was given to authorize payment in the amount of $52,000 to Hahn & Clay Machinists for emergency repairs to #2 Screw Pump and #1 Screw Pump at the Wastewater Treatment Plant. Hahn & Clay submitted an invoice in the amount of $111,986.61 for their work. The submitted invoice includes charges for equipment and additional work required due to a failure of the first repaired screw pump. Currently, the additional charges are being negotiated. Staff recommended that the invoice submitted be considered for partial payment in the amount of $52,000 which was the agreed upon price before the repairs were begun. 6 Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that City Council authorize payment of $52,000 to Hahn & Clay Machinists for emergency repairs to the screw pumps at the Wastewater Treatment Plant, the balance of the invoice to be negotiated. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson . None None REPAIRS TO FRONT END LOADER: Consideration was given to the invoice in the amount of $"'9':"453.41 submitted by Hi-Way Equipment Company for emergency repairs to the Fiat Allis front end loader used at the landfill. ' Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that the invoice in the amount of $9,453.41 submitted by Hi-Way Equipment Company be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CITY COUNCIL MEETING MINUII:.S: Consideration was given to the minutes of the City Counci 1 meetings, as foll ows: (a) City Council Workshop Session, March 8, 1990; (b) City Council Workshop Session, March 12, 1990; and (c) City Council Regular Session, March 12, 1990. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Higley" Councilmembers Bell, Jenkins, Redeker, Watson None None COUNCIL COMMENTS: Councilmember Jenkins asked for a copy of all the written department heads' evaluations. After discussion, Mayor Higley agreed to call a meeting fora closed executive session for the purpose of reviewing the evaluations. However, no copies were to be distributed to Council and all information would be returned to the Acting City Manager at the conclusion of the closed session. Councilmember Bell inquired into the unemployment claim against the City. The City Attorney advised that an appeal document was submitted to the Texas Employment Commission. 7 --" ~"'='lnf~'lnllmftllmD:lmmnfllr' m'['r'''' '~. Mayor Higley reported that the City.s joint agreement with Metro to pave Rice Boulevard was approved by the Metro Board of Directors and the City WQuld receive $215,000 from Metro for their share of one-half of the project cost. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Bell, seconded by Councilmember Redeker, that the regular session adjourn to reconvene in workshop session. Such motion carried and the' regular session was adjourned at 8:03 p.m. 8 ..- "~a _ _ _ c C'_ :,__ ,,-.,.cj .-I -_:.,-,-"~' . "rf.,l,.'II"llrnITlln'lillillll1~lnl1l"--.-~---- '"1" ~ fl~ ~O ~'(.~ ~ ~~ CITY COUNCIL WORKSHOP SESSION THURSDAY, APRIL 5, 1990 MUNICIPAL BUILDIN~ 3800 UNIVERSITY BLVD. 6:30 P.M. City Cou nc i 1 convened in works hop ses s.; on in theMun i c i pal Bu i 1 di ng , 3800 University Boulevard, in the City of West University Place, on Thursday, Apri 1 5, 1990, wi ththe following members present: Mayor Higley, presiding; CouncilmembersBell, Jenkins, Redeker and Watson. Also present was the City Secretary. DISCUSS AND CONSIDER MATTERS RELATING TO THE PROPOSED ADVERTISEMENT FOR THE CITY MANAGER; ADOPTING AND APPROVING SAM!:.: D~vid Eisenlohr, Senior Vice President with Ralph Andersen & Asspciates, reviewed the summary of each City Council member's ,views relating to the recruitment profile for a city manager. Copies of the proposed recruitment profile were distributed to City Council. After consideration of the profile, motion was made by Councilmember Redeker, seconded by Council member Jenkins, that City Council approve and adopt the city manager recruitment profile as presented. Voting Aye: Voti ng No: Absent: Mayor Higley, CouncilmembersBell ,Jenkins, Redeker, Watson None None Mr. EsienlohrexpTainedthe recruitment'process and estimated that May 25 would be the close date for advertising. By mid-June, he planned to present a list of finalists to Council for their consideration. Mr. Eisenlohr anticipated that the city manager search could be completed in the month of August. 'ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Bell, seconded by Councilmember Watson, that the workshop session adjourn. Such motion carried and the meeting was adjourned at 7:03 p.m. ,..1 1.11 r- .iHi,;,miilJil;lIlllI' ."1r1~~nrnmlllfllllllr1l' .. n_-~~T'C= 'ill ,'0 0\0 '\:) V I R.~ rr ff} ~~ CITY COUNCIL WORKSHOP SESSION MONDAY, APRIL 9, 1990 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, Apri 1 9, 1990, with the fo 11 owi ng members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and Watson. Councilmember Redeker was absent. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, the Acting Director of Operations and the Chief of Police. AGENDA REVIEW: City Attorney Jim Dougherty reviewed with City Council the ordinances on the regular, session agenda. The first ordinance related to site drainage and grade raising and, among other things, stated the following: (1) IIIt shall beunlawful for any person who owns or controls any la.ndwfthtnthe City, or who performs any work upon such land that affects the elevation of the surface of the land, to cause or allow a significant part of the surface of thela.nd to be significantly raised, unless such raising is authorized by a permit issued by the building official. A used inthis section, IIsignificant partll means one or more separate areas aggregating 200 square feet or more in any given 12-month period, and significantly raised means to be raised to a level that is two inches or more above the level of the area or areas as of April 9, 199.0. The buil di ng offi cial shall not issue a permi t for such a grade raising project unless the area raised is completely. surrounded by a retaining wall designed and constructed so that it will retain the soil and any structures in the raised area, and it must also include permanent facilities that produce adequates.ite drainage for the entire area ra i sed. The i S5uance of such a permit does not author.ize the permittee to violate any other person's right to a 11 ow water to drai nonto or across the permitee I s 1 and, but instead, it shallrema in the respons i bi 1 i ty of the permittee to receive such water to the extent re,q.uired~by the Texas Water Code or other applicable regulations. The building official is not required or adjudicate or enforce- any such rights of other persons. (2) It sha 11 be the duty of each person who owns or controls a building site where major development occurs, or who contracts to perform a significant part of the work for such major development, to do all of the following: (i) provide and maintain temporary site drainage measures which ...rr" 1 .;mTrn~rr.r-~.:I.I"1nln,'I!. -.....,""T~ \- produce adequate site drainage for the entire building site, and (it) provide and maintain permanent facilities (including any necessary grading) which are designed to produce, and which actually produce, adequate site drainage for the entire building site. (3) All permit applications for grade raising or major development must describe clearly any temporary measures and the permanent facilities required by this section. The temporary measures may incorporate all or part of the permanent facilities. The building official may require that the permit application include an engineering analysis of the the existing and proposed drainage facilities and temporary measures in order to assist in determining if they produce adequate site drainage. (4) IIAdequate Site drainagell means drainage sufficient to: (i) capture substantially all of the rainwater that would fall over a given area as a result of a rainfall of one inch in one hour and (ii) to cause the rainwater to be absorbed in that area or conveyed to a street or other lawfully available recieving place for rainwater without escaping onto any other building site and without washing soil or debris onto any other building site. The permanent facilties required by this subsection for a whole building site shall not be deemed to produce adequate site drainage unless they include, at a minimum, a drain pipe or'other facility with a conveyance cross section of at least 12 square inches, or larger if the size and configuration of the building site so requires. (5) The temporary site drainage measures required by this subsection must be put into effect no later than the time when the foundation for the major development has been poured or otherwise affixed. The temporary measures must remain in effect until the permanent facilities are installed and are operating as designed. The permanent facilities must be installed and operating as designed before the earlier of the following: (i) the date the major development is completed, or (ii) the 180th day following the date that such development begins.1I Section 2. Subsection (a) of Section 6-3 of the Code of Ordinances of the City of West University Place, Texas is hereby amended by adding thereto the following new definition: "Major development" means the construction of a new principal building or additions to an existing principal building which increase its gross floor area to 150% or more of its gross floor area on April 9, 1990. 2 ... ...It.~,,'.llIl!1:nn=J::l:lII:I:I:lW.u~___n-_,.._~-.-.,,;~~~-,-,---~,.... Section 3. This ordinance applies to all grade raising work and major developments where work is commenced on or after the effective date of this ordinance, except as provided in this section. This ordinance shall not apply to any IItransitional projectll described below if all of the applicants for the permit for such project sign a written instrument stating: (i)the applicants are aware that this ordinance is designed to prevent drainage problems and (it) theapp 1 i cants neve,rthe 1 ess des ire to proceed without complying with this ordinance. A IItransitional projectll is a project involving major development that is contracted for, designed and substantially cleared through the Cityls "plan checking" process prior to the effective date of this ordinance, pro~ided that a completed building permit application is filed for such major development, without a substantial change in plans, on or before the sixtieth day following such effective date. The ordinances of the City in effect prior to the effective date of this ordinance shall continue to apply to all such transitional projects and to all offenses occurring prior to the effective date of this ordinance, and for this reason such prior ordinances are continued in effect. Chief of Police Steve Griffith explained the ordinance, as written, provides a disincentive to raise the lot elevation. Several members of council expressed concerns about requiring a retaining wall and were dissatisfied with the language perta-ining to retaining walls. Councilmember Hell suggested the ordinance be amended to disallow the extension of a retaining wall beyond a building line. Members of Council concurred with Councilmember Bellis suggestion. Mayor Hi,gley requested the city attorney prepare an amendment for consideration during the regular session. The City Attorney reviewed the other proposed ordinance relating to the condition of private property, including stagnant water, weeds, rubbish and other unwholesome, impure, objectionable, unsightly or unsanitary conditions. Each section was reviewed and Council agreed the ordinance be considered at the regular session. Councilmember Bell made inquiry concerning staff's recommendation regarding the purchase of the mini excavator. Superintendent of Utilities Bob Simpson explained that the machine offered for delivery was not as agreed for purchase. DISCUSS AND CONSIDER TRAFFIC COMMITTEE RECOMMENDATION: WERLEIN STREET: Jerry Nickell, Chairman of the Traffic Committee, explained that the committeels recommendation was for Council to consider closing Werlein Street where it intersects Kirby Drive. However, Mr. Nickell did not think the committee could recommend a street 3 -cr.-.".....f'.,.,.'..I..'Tt."II!~I!ln.l~tnlll~----~--~'---~"'!:"'l'-,.".-...~-,-- closing without construction of a cul de sac. Connie Clark, traffic committee member, suggested part of the problem was the signal at the corner of Kirby at Holcombe. She offered information that the City of Houston was willing to construct a right-turn lane at the intersection. Mayor Higley reminded the participants that the Long Range Planning Committee was studying the issue and would be making a recommendation appl icable to a street closure plan so that~he city would have uniform methods of closing streets. The Long Range Planning Committee would meet in the next week to finalize their recommendations. Councilmember Jenkins suggested the city install a uNo Right Turnu sign on Werlein. Mr. Nickell responded that was offered to the residents of Werlein but was not considered acceptable by them. CouncilmemberBell suggested the City pursue construction of the right-turn lane by Houston and Metro. After hearing from the residents on Werlein street, motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council authorize the temporary blocking of Werle in at Kirby Drive; authorize staff to conduct a traffic count on Cason Street to determine what the affect of the closing of Werlein might be on Cason; and authorize staff to contact Houston and Metro for construction of the right-turn lane on Kirby Drive onto Holcombe Blvd. . Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker Mayor Higley recessed the workshop session at 7:30 p.m. to convene in regular session. At 8:25 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley presiding; Councilmembers Bell ,Jenkins and-Watson. Councilmember Redeker was absent. Staff members present were the Acting City Manager, City Secretary, City Attorney, Director of Administration and the Acting Director of Operations. DISCUSS AND CONSIDER CLOSURE PLAN FOR LANDFILL: Acting Director of Operations Jerry Burns reported that staff submitted a Land Closure plan to the Texas Department of Health which designated neither methane detection wells for migration of methane gas or a methane gas venting system. However, the Department of Health returned the plans and requested the installation of the methane gas detection wells and methane gas venting. The original closure plan cost was estimated at $78,000. Methane migration detection would be handled through a 4 ---------.-----,~-:"'"'''Tf~!lfI!!fII!!'"rPI'Mf11nwo-- . -"--"-,-"'r-'"nTT"---=- series of 5 wells on the eastern boundary. Estimated cost of the wells was $5,000.00. The methane venting system would require 3 major horizontal perforated pipes running north to south .with approximately 55 ventilation spouts throughout the system. Estimated cost is $58,395.00. If acceptable to the Texas Department of Health, these two additional projects would run the total projected closure cost to $136,395.00. Acting City Manager Curtis Cooper explained the updated plan was submitted to Councilmembers so that they may be aware what staff plans to propose to the State. No money was involved at this time. City Council concurred with staff's recommendation. DISCUSS AND CONSIDER AUDIT LIAISON: City Attorney Jim Dougherty proposed that, in an effort toge;t City Council more involved in the annual audit, Council consider appointing a Council Liaison member to the auditors. Mayor Hi gl ey recommended the appoi ntment. The Mayor also recommended inviting the auditors to a workshop session to discuss any recommendations they may have or ,members of Council may have. Mr. Cooper pointed out that the council liaison proposal may increase the cas t of the aud it. . Councilmember Jenkins asked what the extra costs might involve. Mayor Higley responded the extra costs would occur in the event Council should ask the auditors to perform special services. Counci lmember Bell agreed it would be helpful to have the auditors come before Council perhaps once a quarter. After further discussion, motion was made by CouncilmemberWatson, seconded by Councilmember Jenkins, that Councilmember Redeker be appointed Council Liaison to the auditors. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker COUNCIL COMMENTS: No members of Council had anything further for discussion at this time. STAFF REPORT: Acting City Manager Curtis Cooper reported that the Zemanek Taw suit against the City was considered settled. However, the City Attorney would submit a written report to Council in a few days. 5 ---~"l"r""I!'"!f'!I~f!IF;---'----'~---'''''''''_.''-'~'''~T-''''~-;!'''''''-''-- One member of staff had asked Council to consider a special meeting for Monday, April 16, 1990. Council decided to not hold the spec i a 1 meeting as there was a confl ict on that day. Curtis Cooper reported that the computer terminal was inst&lled in the lobby. The terminal was placed there for use by residents in researching property value information. Mr. Cooper further reported that a quarterly financial report would be submitted to Council on a regular basis. Curtis Cooper asked if Council wished to continue recognition of Secretaryls Week. It was the concurrence of Council to continue the precedent established. through the years and acknowledge Secretaryls Week for city staff. ADJOURNMENT: With, no further,business to come before Council at this time, motion was made by Councilmember Watson, seconded byCounciTmember Jenkins, that the workShop session adjourn. Such motion carried and the meetingwasuadjourned at 9:27 p.m. 6 -..--""1r~-'---"---'- ~ ~ru () t)~ I Q. ~ try r$ ~rr REGULAR CITY COUNCIL MEETING MONDAY, APRIL 9, 1990 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, April 9, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and Watson. Councilmember Redeker was absent. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Acting Director of Operations, and the Chief of Police. Mayor Higley delivered the invocation and led the Allegiance to the Flag. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING: Mr. Walter Ince, member of the regional ,chapter of the Government Finance Officers Association, presented the Award in Financial Reporting for year ending December 31, 1988, to Donna L. Sims, Director of Administration. Ms. Sims was applauded for the outstanding achievement. Mayor Higley congratulated her and announced that it was, the sixth consecutive year that Ms. Sims had been awarded the certificate for the city. 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. ITEMS TO BE REMOVED FROM THE CONSENT AGENOA:Councilmember Jenkins reques ted the fo 11 owi ng items be removed from the consent agenda : Item No. 11 Item No. 14 I temNo. 15 Item No. 16 Item No. 18 Item No. 19 Authorization to Advertise for Bids Wastewat~r Treatment Facility Repair Engineering Services for'Util ity Related-Projects Purchase of Mini Excavator . Purchase of Vehicles Purchase of Replacement Police Vehicle CONSENT AGENDA: Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that with the exception of the items listed above, the cons~nt agenda be approved in accordance with staff recommendation. ,,' .... I I.., ,'JI l",j;j,n:itJ_r;n I. '" "W1,"i1l1mmmlil:lm1ImWl' "'---=;r"':n~;-~ Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker ORDINANCE RELATING TO DRAINAGE AND GRADE RAISING: Consideration was given to the firstand'final reading of Ordinance No. 1368. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1368 AN ORDINANCE RELATING TO DRAINAGE AND GRADE RAISING; 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 1368, with amendment, 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. The City Attorney presented the following amendment to Section 1. (b) Site Drainage: (1) It shall be unlawful for any person who owns or controls any land within the City, or who performs any work upon such land that affects the elevation of the surface of the land~ to cause or a 11 ow a s i.gni fi cant part of the surface of the land to be significantly raised, unless such raising is authorized by a permit issued by the building official. As used in this section, IIsignificant par1i1l means one or more separate areas aggregating 200 square feet or more in any given 12-month period, and IIsignificantly raisedll means to be raised to a level that is two inches or more above the level of the area or areas as of April 9, 1990. The building official shall not issue a permit for such a grade raising project unless the area raised is completely surrounded by a retaining wall designed and constructed so that it will retain the soil and any structures in the raised area, and it must also include permanent facilities that produce adequate site drainage for the entire area raised. Addin: However, a retainin wall is neither re U1re nor a owe: 1 a on e ront setback line, 11 1fl t e ron se ac area, iii alon t e Sl estreet 1ne or 1V 1n the side setback area adjacent to a Sl e street 1 i ne. ' The issuance of such a perml t ,ooes not authorize the permittee to violate any other personls right to allow water to drain onto or across the permittee's land, but instead, it 2 '" . -,. " -.- -.-j*.I.rl:-;;.ur-' 1.......Il-';.:I,11T~nl'lir'~n;11II1Iml!.. -'----"1r-'""~ shall remain the responsibility of the permittee to receive such waters to the extent required by the Texas Water Code or other applicable regulations. The building official is not required to adjudicate or enforce any such rights of other persons. Motion was made by Councilmember Bell, seconded by Councilmember Watson, that the amendment be adopted as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker Motion was then made by Counci 1 member Bell, seconded by Councilmember Watson, that Ordinance Number 1368 be adopted as presented on first and final reading. Voting Aye: Voting No: Absent: Mayor Higley, Council members Bell, Jenkins, Watson None Councilmember Redeker ORDINANCE RELATING TO THE CONDITION OF PRIVATE PROPERTY: Consideration was given to the first reading of OrainanceNumber 1369. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1369 AN ORDINANCE RELATING TO THE CONDITION OF PRIVATE PROPERTY, INCLUDING STAGNANT WATER, WEEDS, RUBBISH AND OTHER UNWHOLESOME, IMPURE, OBJECTIONABLE, UNSIGHTLY OR UNSANITARY CONDITIONS; 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 1369, 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 CouncilmemberJenkins, seconded by Councilmember Watson, that Ordinance Number 1369 be accepted on first reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker ARBOR DAY PROCLAMATION: Mayor Higley presented and read a proclamation designating January 20, 1991 as Arbor Day in the City. 3 Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that the Proclamation designating January 20, 1991 as Arbor Day be accepted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker BIKE SAFETY WEEK PROCLAMATION: Mayor Higley presented and read a proclamation des1gnat1ng the week of April 13-20, 1990 as Bike Safety Week. Motion was made by Councilmember Jenkins, seconded by Councilmember Bell, that the proclamation for Bike Safety Week be accepted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None' Councilmember Redeker INDEPENDENT AUDIT SERVICES CONTRACT: Consideration was given to approve and authorize the contract with KPMG Peat Marwick for Jaudi t servi ces for fi scal year 1989. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council approve and authorize the engagement letter with KPMGPeatMarwick for audit services for fiscal year 1989 at the cost of $19,000.00. Voting Aye: Voting No: Absent: Mayor Higley,Councilmembers Bell, Jenkins, Watson None Counci lmember Redeker AUTHORIZATION TO ADVERTISE FOR BIDS: Consideration was given to authori ze adverti s ingfor bi ds for the fo 11 owi ng: (a) Construction of Water Line Replacement Project for Priority Area 2b; and (b) Purchase of Recycling Truck. Councilmember Jenkins asked what was the estimated cost of Project 2b. Superintendent of Utilities Bob Simpson responded the estimated cost was $458,000.00. The project encompasses the area.-- from Wakeforest to Kirby and University Boulevard to Bissonflet. ,Councilmember Jenkins asked what was the estimated cost of the recycling truck. Acting Director of Operation Jerry Burns' responded the estimated cost was $30,000 for the cab and chassis and $12,000 to $16,000 for the,truck bed. 4 H."....,... 'r~;:.:mlmltllil:IiID:tlllnUI,' ',j] Councilmember Jenkins asked if staff had investigated the best methods of picking up recycling material. Mr. Burns responded that staff was reviewing modifications ,:to the truck bed $,0 that it would more appropriately fit the needs for picking up recycling material. Acting City Manager Curtis Cooper explained that the purchase of the truck would go hand-in-hand with curb-side pick up of plastics. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that City Council authorize advertising for bids for the items requested. Voting Aye: Voting No: Absent: Mayor Higley, CouncilmelTibers Bell, Jenkins, Watson None Councilmember Redeker CITY HALL LOAN PAYMENT: Consideration was given to the )nvoice in the amount of $88,918.88 submitted by South Main Bank for final payment on the Ci ty Ha 11 .Loan. Motion was made by Councilmember Bell, seconded by Councflmember Jenkins, that the invoice in the amount of $88,918.88 be>approved for payment to South Main Bank. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None CouncilmemberRedeker SEWER LINE REPAIR: Consideration was given to the invoice in the amount of $5,200.00 submitted by Channel Construction for emergency repair to slip line the sanitary sewer line at 3706 and 3707 Nottingham. ' Moti on was made by Counc i 1 member Bell, seconded by Counc i lmember Jenkins, that the invoice submitted by Channel Construction be approved for payment,as presented. Voting Aye: Voting No: Absent: , Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker WASTEWATER TREATMENT FACILITY REPAIR: Consideration was given to approve the settlement with Hahn and Clay Machinists in connection with the emergency repairs to Screw Pump #2 at the Wastewater Treatment Plant. Councilmember Jenkins asked for an explanation of the settlement. Curtis Cooper reported that staff negotiated Hahn and Clay to a settlement in the amount of $12,385.00. Mr. Cooper recommended Council .approve the amount subject to receipt of a release ,signed 5 1,1 Ul . :"111; "W' IIli ',III J :' ",~;j:iIiIJNiltfli" 1'-""""!r71I"i1.IIITlimrrIilDlmllmllli" by Hahn & Clay that the amount represented full and final settlement of all claims arising out of th~ project. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council approve the settlement with Hahn and Clay in the amount of $12,385.00 contingent upon receipt of the release. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was given to the invoicestotal1ng $19,U03./1 submitted by Langford Engi neeri ng Inc., for the following: (a) Invoice No. 6096 in the amount of $1,803.70 for Sanitary Sewer Priority Area 3; (b) Invoice No. 6098 in the amount of $3,643.58 for, Water Li ne Replacement Pri ori ty Area 2-b; and (c) Invoice No. 6099 in the amount of $13,606.43 for the Wakeforest Water Plant Expansion. Councilmember Jenkins requested an explanation of Invoice No. 6096. Dieter Ufer, Cityls Consulting Engineer, responded that Langford Engineering Inc., was in the construction phase of this project. Design phase charges and survey and soils investigations charges were complete. , ... Councilmember Jenkins asked for an explanation of the field staff hours charges under design surveys & geotech report on Invoice 6098. The invoice differed from the way it has been reported on' previous invoices. Mr. Ufer explained that the 110.50 referred to hours of field staff time and was reported depending on whether it was in-house staff or subcontractor people. Councilmember Jenkins asked if the $70.DO per hour for field staff was regular time or overtime. Mr. Ufer responded that it was regular time. Hearing no further questions, motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that the invoices totaling $19,053.71 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 PURcHASE OF MINI EXCAVATOR: Consideration was given to authorize the foll owi ng: 6 ~ ,~_.- _ .,___..-1_______...____ ~ .111" -..~-------~---~---cf""'lr-1 Jlili!]!hillllwn...----- '"--. -~--------,-----~~-,--,".,--r- (a) rejection of the machine offered for delivery by Trencher Haus; and (b) award of the contract to the fourth bidder. Councilmember Jenkins asked if there were no manufacturers of the mini excavator in the .USA. Superintendent of Utilities Bob Simpson responded that the majority of excavators of this size were built in Japan. Mayor Higley reminded Council that the first bidders were rejected because their bids did not meet specifications. The fourth bid is within the budgeted amount. Motion was made by Councilmember Jenkins, seconded by Council- memper Bell, that City Council reject the mini excavator from Trencher Haus and award the purchase to the fourth bidder, American Maintenance & Rentals, Inc., for the Nissan N45mini excavator and trailer in the amount of $38,155.00. 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 $5,238.75 submitted for legal services provided on the cityl.sbehalf for the month of March 1990. Motion was made byCouncilmember Bell, seconded by Councilmember Jenki ns, that the i nV,oi ce for 1 ega 1 servi ces be approved for I payment as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker PURCHASE OF VEHICLES: Consideration was given to the invoice in the amount of $~0.57 submitted by Thoroughbred Chevrolet Inc., for delivery of three pickup trucks. Councilmember Jenkins stated he thought the City was going to purchase 3 small trucks. Curtis Cooper responded that the small truck was for the Inspection Division. The larger trucks were needed to carry equipment. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that the invoice in the amount of $31,980.57 submitted by Thoroughbred Chevrolet be approved for payment. 7 ,~ ,'........ . _ .t~~............._--....&...- _ ,..-' I . .1f"::!..~tl,!:mnllr"ulI:IlliDIlDl.I[I.. .~'I:- Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker PURCHASE OF REPLACEMENT POLICE VEHICLE: Consideration was given to the following incohnection with the purchase of a replacement police vehicle: ' (a) to appropriate the funds in the amount of $12,706; (b) to authorize the purchase through H-GAC; and (c) to amend the budget. Councilmember Jenkins inquired as to whether the City needed to purchase another car. Chief of Police Steve Griffith explained that the police department could get by with four cars if there were no maintenance problems. Councilmember Bell asked how many staff cars there were in the police department. Steve Griffith responded there were 4 unmarked cars plus an animal control truck. If the replacement vehicle were not purchased the department would have to cut back on the traffic control program. Mayor Higley commented the police visibility had increased significantly as evidenced from the municipal court reports. Curtis Cooper stated that next year the City would buy one less ~ehicle for the police department. Motion was made by Councilmember Jenkins, seconded by Council- member Bell, that City Council appropriate $12,706 to purchase the replacement police vehicle through Houston-Galveston Area Council and authorize amending the budget accordingly. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker TAX REFUND: Consideration was given to the tax refund for account 900-034 for refund resulting in a reduction in the personal property valuation by the Appraisal District. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council authorize the tax refund as requested. Voting Aye: Voting No: Absent: ~, Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker 8 ___.__.1> ~-------'-r-==lfj~~r.mr--- --------- n_ --- '""'"'::1 .;:,~T";~J:- I..,"...... CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, March 26, 1990; (b) City Council Regular Session, March 26, 1990; and (c) City".cQullcil Workshop Session, April 5, 1990. Councilmember Jenkins offered the following amendment to the March 26, 1990 Regular Session minutes: Page 7 under Council Comments: The minutes read: IICouncilmember Jenkins asked for a copy of all the written department heads I evaluations. II Councilmember Jenkins suggested adding: Curti,s Cooper stated that the former city manager, Richard Rockenb(iugh assisted in the evaluation of all department heads. Hearing no further amendments, motion was made by Councilmember Bell, seconded by Councilmember Watson, that the minutes be approved as amended. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell ,Jenkins, Watson None Councilmember Redeker COUNCIL COMMENTS: Councilmember Bell questioned the status of the lot at 4106 Byron. Acting Director of Operations Jerry Burns responded that staff was in the process of leveling thelot~ Councilmember Bell thanked Chief Griffith and other staff members for the work and cooperation that led to a successful opening day for the Little League. . Councilmember Jenkins asked about the pilot program whichwiJl provide curb-side pickup of leaves and grass clippings. ,Jerry Burns explained the plan was to pick up Thursdays and Fridays and will be performed by different truck crews other than the ones picki ng up household garbage. Three routes will be split into two routes. Staff is asking citizens to place their garbage bags on one side and the compost on another side. The City has ,an organi zati on th(1.t wi 11 take the materi a 1 at no cost, however, the City must give them clean compost loads. Leaves and grass . clippings,amount to approximately 30% of the cityls pick upload. Councilmember Jenki-ns asked about the rocks and concrete chunks at the JMH park site. Curtis Cooper responded it was a conditioning process. Each time it rains, more rocks surface. Staff will continue to remove the rocks and concrete. Mayor Higley congratulated staff on the neighborhood maintenance meetings. It was an excellent out-reach program for our citizens. 9 - '_n"' .,_j ._-'.11. _ ___ ___--'-___-'__'.'..J-"'-, , ".L.____~ ,,_,,'a-u,,~,---=~. _,n_~__ -- _n_ - -----------,-Irr=."ln'fi":rrrnmr~r~----------- --"'ITJ~'j""-";-~'--- STAFF REPORT: Acting City Manager Curtis Cooper had nothing further for Council's consideration at this time. He would report on several items during the workshop session. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Bell, seconded by Counci 1 member Watson, that the regul ar sess i on adjourn to J reconvene the workshop session. Such motion carried and the meeting was adjourned at 8:15 p.m. 10 I" .""1f'1,. ,Ii,nlmrmrnnrrnrmnlnl . "j .. ; '!", )..,o';;'1'!iolli<Slliil__,'" .,,,,,,.1 ~="1~ 5) ~ (;) ~ Q\ n~ 'j. ~0 CITY COUNCIL WORKSHOP SESSION MONDAY, APRIL 23, 1990 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, Apri 1 23, 1990, wi th the fo 11 owi ng members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also prese~t were the Acting City Manager, City Secretary, Director of AdministraNon, Fire Chief and the Acting Director of Operations. AGENDA REVIEW: City Council reviewed the regular session agenda. Questions were asked concerning the Tri-Sports invoices, the Rice Blvd~ bridge replacement project, and auction of city vehicles. PETITION CONCERNING WAKEFOREST/BISSONNET INTERSECTION: Consideration was given to a petition signed by residents on . Wroxton Street and the office building manager at 2715 Bissonnet. The petition was, as follows: "PETITION TO THE WEST UNIVERSITY PLACE CITY COUNCIL In order to improve appearance and safety at the Wakeforest-Bissonnet entrance of West University Place, we request that the City of West University remove the cement s lab and insta 11 a curb from the southeast corner, ,south approximately seventy-five feet, at the Wakeforest-Bissonnet intersection. Certain residents of West University Place, in conjunction with The Trees for West Universi ty Program, will pl ant trees and 1 andscape the site. Water and maintenance for these trees will be provided by Skip Christy and Associates, managers of the office building at the corner of that intersection.fl Dan Prashner, 2801Wroxton, explained that with the opening of Westpark, the Wakeforest entrance to the city was heavily traveled. The concrete slab was the remains of a gasoline station which was demolished and removed years ago. The slab is unsightly and has become dang~rous. Drivers are using the concrete slab to cut across the corner into Bissonnet to avoid the traffic light. The residents requested the city remove the slab, install a curb and place fill dirt in the site. After talking to members of city staff, Mr. Prashner understood the cost to the city would amount to $2,500.00. Trees will be planted to beautify the area. The res i dents agreed to buy the 1 andscapi'ng, buy the trees and maintain the site. Acting City Manager Curtis Cooper suggested he try to get the demolition of the slab donated to the City. The area is within the cityls right-of-way. Motion was made by Counci lmember Bell, seconded by Councilmember Jenkins, that City Council authorize (t) staff to have the. concrete slab removed at the intersection of Wakeforest and Bissonnet and provide curbing and fill dirt as requested, and (it) authorize the appropriation of $2,500.00 for the project. Voting Aye: Voting No: Absent: Mayor Hi gley, Counci lmembers Bell, Jenki ns, Redeker, Watson None None REPAIRS TO FORT END LOADER: Consideration was given to the cost of repairing the Fiat Allis front end loader used at the landfill. The use of the front end loader is necessary and cri ti ca lto the operation of tha landfill. 'Motion was made by Councilmember Bell, seconded by Councilmember Redeker that the im(coice in the amount of $6,302.81 submitted by Waukesha-Pierce, Inc.., for repairs to the transmission of the Fiat Allis loader be apPr'pved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Counci lmembers Bell, Jenkins, Redeker, Watson None None mscuss PILOT PROGRAM, FOR, CURB-SIDE PICKUP OF LEAVES AND BAGGED CLIPPINGS; DISCUSS STAFFiRECOMMENDATION FOR {;UHB-SlUl:.'Pl~KUP UI- PLASTI CS : Curtis Cooper explai:ned the purpose of the pilot program was to assist staff in determining if there were enough current man power to provide curb-side pickup service of leaves, grass clippings and limbs. The program calls for pickup of composting material on Thursdays and Frida,ys for one month. Mayor Higley questioned whether one month's time would be adequate to make a determina~ion concerning man power. Mr. Cooper agreed the program might need to be extended. If the pickup can be handled duri n9 the 5 1 owmonths, before Fall, then staff can look at budgeting for the heavy months. Councilmember ,Redeker suggested the pilot program run for two months and be publicized in the "City Currents". City Council concurred with the suggestion. Curtis Cooper reported staffls recommendation concerning curb-side pickup of plastics requested by a resolution from the, Long Range Recycling Committee~ However, commencement of the s~rvice would be delayed until such time as the recycl ing truck was delivered. 2 '-'-'W~"_,I,I~I.II' -.------n:~T~ Mayor Higley recommended Council consider approving the request stated in the resolution presented to Council by the Long Range Recycling Committee on March 12, 1990. Mayor Higley requested this be an agenda item for the May 14 regular agenda and invite the Long Range Recycling Committee to attend. SCHEDULING SECOND COUNCIL MEETING FOR THE MONTH OF MAY: Curtis Cooper explained that the second regular council meeting fell on Monday, May 28, which is Memorial Day and a city holiday. Mr. Cooper recommended Council consider Tuesday, May 29 or Thursday, May 30. After discussion, City Council agreed the second meeting in May would be on Tuesday, May 29, 1990. DISCUSS PROPERTY VALUATIONS: Director of Administration Donna Sims distributed information to Council relating to property valuations in the City. Ms. Sims reviewed the information, which among others, addressed hoW the city would file a challenge to the appraisal district. However, that decision could not be made at this time because the City would not receive the appraisal role from the Harris County Appraisal District until next week. At that time staff would prepare a summary for Council IS consideration. 'I Mayor Higley recessed the workshop session at 7:30 p.m., to convene in regular session. At 8:47 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Staff members present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Chief of Police and the Acting Director of Operations. DISCUSS PROPERTY VALUES ( CONTINUED): City Council discussed various ideas to meet the concerns of residents relative to their property values. The consensus of Council was to see what could be offered to help the resiQ~nts learn how to protest their values. Mayor Higley suggested staff prepare a recommendation concerni ng a challenge to the distri ct and report to Council on May 14. Mayor Higley recessed the workshop session at 9:05 p.m., to convene in closed executive session as authorized by the Open Meetings Act, TEX. REV..CIV. STAT. ANN., as amended, Section 6252-17, as follows: Section 2(f) Discussion with respect to purchase and value of real property knows as 4110 Byron; 3 _. ~;].~"~ ,.,...".....,... ~-_._----~-----Oi~rn~l1I~'- ,- '''1 : ". '" Section 2(e) Discussion of Contemplated Litigation; and Section 2(g) Personnel Matters. At 11:00 p.m., Mayor Higley reconvened the workshop session. DISCUSS. AND CONSIDER OPTION AGREEMENT FOR FRIENDS OF WESLU PARKS FUND, INC., TO PURCHASE LOT ON BYRON STREET AND AUTHORIZE THE EXPENDITURE.BY FRIENDS, INC. Motion was made by Councilmember Bell, seconded by Councilmember Watson, that City Council deny the request for approval of the option to purchase the property located at 4110 Byron Street as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CONSIDERATION OF MATTERS RELATING TO THE TEXAS EMPLOYMENT COMMISSION CASE INCLUDING CONTEMPLATED APPEAL AND OTHER PROCEEDINGS RELATED THERETO: No action was taken by City Council. DISCUSS ANQEVALUATE PERFORMANCE AND DUTIES OF ACTING CITY MANAGER AND CITY SECRETARY; DISCUSS AND EVALUATE PERFORMANCE AND DUTIES OF DEPARTMENT HEADS: Motion.::was made by Councilmember Redeker, seconded by Council- member Watson, that City Council approve the evaluations of department heads as presented with the recommendation that those who request a re-evaluation be re-evaluated in three months. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Redeker, Watson Counci lmembers Bell, Jenki ns None Motion was made by Councilmember Redeker, seconded by CouncilmemberWatson, that the Personnel/Purchasing Division be temporary placed under the City Secretary. ' . Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson Councilmember Jenkins None Motion was made by Councilmember Bell, seconded by Councilmell1ber Jenkins, that City Council authorize the necessary budget amendments to reflect the salary increases in the following accounts: 01-08-00-1003 01-11-00-1003 01-19-00-1001 01-08-00-1001 4 ,. -.",o..;...,,"K. . -~~'~D1'II'llF ..----------- -- -- - -'=-j,;'-,TTc-,-,r Voting Aye: Voting No: Absent: Mayor Hi gl ey, Councilmembers Bell, Jenki ns, Redeker, Watson None None Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council approve the salary increases for the Acting City Manager and City Secretary as presented. Voting Aye: Voting No: Absent: Mayor Higley, Council members Bell, Jenkins, Redeker, Watson None None COUNCIL COMMENTS: Mayor Higley asked if staff were pursuing a grant application to help support the Cityls recycling efforts. Mr. Cooper responded that the Texas Municipal League sent him information and he had the City.s name added to the list for the grant money. STAFF REPORT: Acting City Manager Curtis Cooper reported the effective date of the EPA gui de 1 i nes for 1 andfi 11 operati ons had been extended to August. Mayor Higley asked if the City may reschedule closing the landfill. Mr. Cooper explained the City has eighteen months after the regulations are approved, whenever that may be, to close the 1 andfi 11 . ADJOURNMENT: With no further business to come before City Council at this time, Mayor Higley declared the workshop session adjourned at 11:12 p.m. 5 ,,9 ~o ~v .\" nO: UL ~~ /' ~ Yj REGULAR CITY COUNCIL MEETING MONDAY, APRIL 23, 1990 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, Apri 1 23, 1990, wi th the fo 11 owi ng members present: Mayor Higley, presiding; Co.unc.ilmembers Bell, Jenkins, Redeker andWatson. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Acting Director of Operations, Fire Chief and the Chief of Police. Councilmember Bell delivered the invocation and led the Allegiance to the Flag. . HEARING OF RESIDENTS: Mayor Higley invited residents to speak who. had matters th~y wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. S. B.Needham. 4112 Albans, expressed his concerns about the cost to the property owner to connect to. the new sewer line in the street right-of-way. Mr. Needham stated he was unaware the sewer lines on his property would need to. be mo.ved. Mr. Needham thought the city should provide some guidance as to the type of material the residents needed to use. Mr. Needham felt the plumbers were charging more than they should and perhaps the city crews might do the work for the residents. Mayor Higley e?Cplained that city crews can not work on private property. The Mayor requested staff prepare guidelines fo.r publication in the "City Currents". CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Higley invited residents who wished to address a specific agenda item to speak at this time. Jane Brazeal, 4109 Rice, stated the Senior Citizens were interested in finding out more about the Harris County Appraisal District and why it increased all the values in the city. Mrs. Brazeal thanked the Mayo.r for the article in the paper relative to pro.perty values and expressed her appreciation to the City Council for their concern for the seniors. Harold Shipp, 3905 University, stated his values increased this year and last year. He did not find the appraisal district very helpful last year when he protested his taxes. Mr. Shipp asked .' Council to consider increasing the over-65 exemption and reducing the tax rate. Mayor Higley responded that, as a City Co.uncil, they would perhaps be able to reduce the cityls tax rate and reconsider the over~65 exemptio.n. 11'11(:' . ,. H"'rr',I," II ,lrrmrrmmTllumllnl rrT ' Dottie Shaw, 6434 Rutgers, stated the appraisal district had increased her taxes every year and this year by 54%. Insurance on the houses will also increase. Mrs. Shaw stated she was on a fixed income and the increases would make it very difficult for her and for others. She felt she was being moved out of the city. Marie Fish, 4211 Byron, requested Council try to help the senior citizens by reducing the taxes. She felt the same way as the previous speakers. Dorothy Reiger, 6516 Brompton, addressed Council stating she read the article in the newspapers suggesting all the seniors protest their property values. Mrs. Rieger did not feel it would do any good to talk to the appraisal district. Mrs., Reiger thought the new homes had not been increased and she thought those bomeownersshould pay more. Betty Buck, 3914 Coleridge, agreed with the other speakers Mary Grice, 4127 Case, agreed with the other speakers. Anna Lay Turner, 3514 University, stated she protested her property values in the past and the appraisal district personnel were not cooperative or helpful. Harold Smith, 3609 Robinhood, suggested Council consider adjusting theover-65 exemption. Mr. Smith suggested City Councilcotlsider adopting a homestead exemption. Walt Whistle, 6412 Buffalo Speedway, reported an increase of $62,000 on his property. Mr. Whistle stated it was difficult to standby and watch the district go up every year. The residents needed'some help. Mr. Whistle suggested Council write a letter and make an appearance to the district and appeal for theover-65 citizens in the city. Mayor Higley responded that when the city received the appraisal roll, City Counci 1 and staff wi 11 be able to compare the city. s appraisals with other areas in the Houston area to determine if the values appear to be equitably assigned. Beth Ann Byran, 3410 Robinhood, addressedCounci 1 and stated. she was present because she was concerned that the people who built the city areqeing kicked out because of the increases in property values. ,Ms. Bryan sugge~ted City Council look at the section of the tax code that says an appeal may be made to the appraisal district for relief. Ms. Bryan encouraged the City Council to do whateverthey~ould to help the citizens and stated she would encourage people to protest the values. The appraisal district does offer information relative to appraisal exemption and proposed values after age 65. Ms. Bryan suggested city ,staff request the form from the district to have available for the senior citizens. 2 J. T. Hood, 6320 Community, stated the big taxes will be the city's. The county taxes are not that much and the school district taxes are frozen. T. R. Rawlings, 3933 Case, stated the property values were out of reason. Chuck Gillan, 3620 Georgetown, suggested councilmembers talk to Kenneth Graeber at the district as soon as possible and~sk him if the property values were at market value last year, how can he justify the increases this year. Mr. Gillan suggested the city find out what the square foot values of property in River Oaks are and compare that with those in West University Place and Southside Place. Orien W. VanDyke, 6438 Buffalo, suggested there should be a limit on how much the rates could be raised in anyone years. Dottie Shaw asked if there were any way the city could contact the appraisal district and ask them to be more polite to the people from West University Place. James Council, 6327 Belmont, asked what the over-65 exemption was. Mayor Higley responded the current over-65 exemption was $42,850.00. Director of Administration Donna Sims reported that the county exemption was $150,000. The school district taxes were frozen at the rate it was when the resident turned 65 years of age. The cityls exemption rate has not changed since 1981. Mayor Higley stat,ed she felt strongly that Council will reconsider the exemption during the next budget preparation. The May:or thanked the residents for attending the meeting and bringing their concerns to the attention of City Council. Mayor Higley explained that the problem was an overall problem affecting other age groups as well as the senior citizens. Council would need to look at the affects on the city as a whole. Mayor Higley requested M~. Donna Sims review the inform.ation available at city hall for those who wish to protest their, values. Ms. Sims reported that there were (i) tax maps on land sa les and improved sa 1 es, (i i) an appra i sa 1 manual whi ch tells how the district a.rrived at your value, (ii) reports from thedistirct which lists property by street address, by alphabetic listing and by the legal description. All the information will be updated by the district and the city should have that information available by early next wee.k. Mary Ann Binig, 6634 Vanderbilt, complimented Donna Sims for her help last year on tax information. Mrs. Binig stated that sewer line connections had not worked out as was expected. The city issued a warning to the residents that they would have to connect to the new line and suggested the residents see if they 3 .--,.......--.~,,--,----"'T~~.-- could get a better plumberls rate if several property owners signed up for work with one plumber. However, that effort did not get them a better rate., The inspection division did not offer any information on plumbers. The sewer line connection was very expensive and more than the residents were expecting. 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 Jenkins, 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 ORDINANCE RELATING TO THE CONDITION OF PRIVATE PROPERTY: Consider- ationwas given to tne seconO ano tlna I reaOlng of Ordinance Number 1369. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1369 AN ORDINANCE RELATING TO THE CONDITION OF PRIVATE PROPERTY, INCLUDING STAGNANT WATER, WEEDS, RUBBISH AND OTHER UNWHOLESOME, IMPURE, OBJECTIONABLE, UNSIGHTLY OR UNSANITARY CONDITIONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY P-l-ACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Motion was made by Councilmember Redeker, seconded by Council- member Jenki ns, that Ordi nance Number 1369 be adopted as pres'ented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None DRAINAGE PROJECT AT LANDFILL: Consideration was given to staff's recommendation for award of contract for the drainage project at the landfill. Staff recommended the contract be awarded to the lowest bidder meeting bid specifications, Cagle Construction Co., at their bid price of $44,500.00. Mayor Higley explained the low bidder did not submit a complete bid document. He had the opportunity to be present tonight and appeal to Council to waive the technicality. However, the low bidder did not choose to attend. 4 Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that Council accept staffls recommendation and award the contract to Cagle Construction Co., for $44,500.00. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None RICE BOULEVARD BRIDGE REPLACEMENT PROJECT: Consideration was given to authorize payment to the State Department of Highways and Public Transportation of the balance of $13,215.56 due in connection with the Rice Boulevard bridge replacement project. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council authorize the payment to the State Department of Highways and Public Transportation as presented. Voting Aye: Voting No: Absent: Mayor Hi gl ey, Councilmembers Bell, Jenki ns, Redeker, Watson None None TRI-SPORTS INVOICES: Consideration was given to the following requests for payment by Tri..,Sports Association; (a) $4,468.78 for improvements to the playing fields; and (b) $5,000 for maintenance of the playing fields. Motion was made by Counci lmember Bell, seconded by Councilmember Jenkins, that City Council approve the payment to Tri-Sports Association for the amounts as listed. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None AUTHORIZATION TO AUCTION VEHICLES: Consideration was given to authorize staff to auct10n three vehicles, as follows: Unit No. 523 625 318 Age 1983 1983 1986 Type Chevrolet Pickup Chevrolet Pickup Dodge Four-Door Mileage 46911 41168 ' 55301 Motion was made by Councilmember Bell, seconded by Councilmember Jenkins~ that staff be authorized to auction the three vehicles listed. 5 ..".--' "-'--If',J,'"I"Iilr:nnrrlm:tIIIDllI.I! ~rr~ Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Redeker, Watson None None Bell, Jenkins, , CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, April 9, 1990; and (b) City Council Regular Session, April 9, 1990. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None COUNCIL COMMENTS: Councilmember Jenkins reported he received a letter from a resident about Johnson Park and the basketball courts. The resident was concerned about the time the courts were closed and the lights were turned out. Chief of Police Steve Griffith explained that the city has rules concerning the use of the parks, but they are not enforceable by ordinance. The lights are supposed to be out by 10:00 p.m. Councilmember Jenkins commented there were large weeds growing up at the border around the JMH Park site. Councilmember Jenkins requested a recommendation on the' concrete work at the Wastewater Treatment Plant. There was a question as to whether there was a problem with the foundation settling which may have caused damage earlier to the screw pumps at the plant. Counc i lmember Bell reported that before the Eas ter ho li day the residents put their trash out to be picked up. Councilmember Bell questioned why people did not know the trash would not be picked up. Acting Director of Operations Jerry Burns responded that the city published notice in the "Currents" that the city would be closed on Good Friday. He thought people forgot and took the garbage out. Counc i 1 member Bell reques ted that perhaps a better method of 'publicizing the notice of holidays be developed. STAFF REPORT: Acting City Manager Curtis Cooper reported that the striping of Academy and Bissonnet was to be done by Wednesday. The type of product the contractor required to be used to stripe the streets needed dry weather. If the weather will stay dry, the striping will be done. 6 '" H_. Wl,.'.I,,~~~mr.I:TII!.mllmll! ".1 ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Redeker, seconded by Councilmember Watson, that the regular session adjourn and Council reconvene in the workshop session. Such motion carried and the regular meeting was adjourned at 8:33 p.m. 7 --~_.. '.--.~r'"'1f"!I'!l1ll!IfI'I!'I'Tl'l1l""------.---- -----,--=-------,"':~".";.-..~- ~ ~~ ~ J ~rt ~~ CITY COUNCIL WORKSHOP SESSION THURSDAY, MAY 10. 1990 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, May 10, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary and the Director of Administration. HEARING OF RESIDENTS: Dorothy Reiger, 6516 Brompton, requested City Council to ask the appraisal district why the property owners are appraised so highly. Mrs. Reiger thought it was important for Council to help the residents. , ' Rick Spencer, 3933 Amherst, did not think the City could disagree with the values that were placed on the property. Mr. Spencer thought the best legal remedy was for each individual to protest their property values. The Chief Appraiser has been very accommodating in allowing the appraisal review boards to come to our neighborhoods to hear individual protests. If the City Council has any stroke, it will be to have assurance that the appraisal review boards are held in the City. The only way the City can get the relief is through the legislative process. Michael Parks, 6427 Buffalo Speedway, urged Council to consider a ihree-pron~ed approach to the property values. Mr. Parks thought the first problem was in dealing with a body outside the Cityls jurisdiction that are not elected by the people. There is no way to bring about a change in a political contest. Mr. Parks suggested a change in the legislation governing appraisal districts. Mr. Parks suggested that a tear-down house should carry a negative value and the district bring appraisals down to an individual basis. Mr. Parks further suggested that each homeowner in the city be urged to file a protest with the appraisal district. Finally, Mr. Parks urged City Council to consider a formal challenge to the district. ' Beth Ann Bryan, 3410 Robinhood, stated she thought the citizens wanted City Council to address the appraisal district concerning the values placed on residential properties in the City. Ms. Bryan urged everyone to file to protest their values. TheCity has been re-evaluated for the last three years. The amount of the percent increases have put a tremendous burden on the citizens. Ms. Bryan questioned the fairness of the method of appra.isal which she did not think addressed the variables in the residential properties. Ms. Bryan thought the computer formula for appraising property was one of the main problems with the system. The computer approach to the comparables are established so as,to obscure the facts and confuse the residents trying to determine ( 1\':" .- If-.l,-..I..lntnn=!:I:UIlI:JlIIDDI,nl~' -----.--~.---------,---,'~--~,.".,;,--:'-- the real values in their neighborhood. Ms. Bryan suggested City Council ask the appraisal district to give information so that it is more easily understood. Elizabeth Mossley suggested Council consider rolling back taxes for residents who have lived in the city for fifteen years or more and to put the tax money in escrow until the residents get a fair appraisal. Chuck Gillan, 3620 Georgetown, suggested that in California there is a limit on the rate of increase per year and also a limit on when the value for tax purposes would become effective. This puts a, freeze on the purchase value of the property and any change in property value was realized at the time of a transaction. Mr. Gillan emphasized that the taxes that citizens pay into the city provides them with direct benefits versus money that is paid into the school system or to the county. Mr. Gillan stated that the senior citizens realized significant benefits from their city tax do 11 a rs . Helen Poindexter, 6335 Belmont, stated her values increased over 50% this year. Mayor Higley explained that the appraisal district increased the values 30% or more over the last year. It varies from home to home. City Council was aware of the concerns and wanted to help the residents. -May 31 is the deadline for citizens to file their protest with the appraisal district and City Council encouraged residents to file their protests before that date. (2) Staff was instructed to prepare a good check list of qUick things to present in a protest; (3) Council would sponsor a class on how to protest your taxes. The class is scheduled for Tuesday, May 15, at 6:30 p.m, in the Community Building auditorium; (4) Plans are underway to find facilities so the protest hearings can be held in West University Place; (5) City Counci 1 can cha 11 enge the values of the res i denti al properties in the city. Director of Administration Donna Sims advised that City Council can .ask the appraisal district to reappraise the city and the district will do it at the city's expense. This expense would be an addition to the payment the city makes quarterly to the appraisal district. Dave Agerton, 3020 Pi ttsburg, urged Counc i 1 to challenge the district's values. 2 ......... ". rf'~1,':I:lmIllfI1l11,lmll11l.rrl' -~-"'i~- DonnaSims presented facts relating to the evaluation of preliminary values and recommendations for Council IS consideration. The recommendations were, as follows: Ill. There seems to be some inequity in West University Place being examined annually where other areas of the District are not. The law requires reevaluation every three years. If West University Place is raised . yearly on the off years , we are absorbing not only a greater share of District budget costs, but a larger basis for school district and county tax assessmentS. This procedure should be applied uniformly to all areas of the District. 2. In exami n i n9 sal es of tear-down pro pert ies or sa 1 es of vacant lots by builders, the District should take additional factors into consideration. We have found that often builders will include suchbenefi tsas: demolition costs, architectural plans, landscaping,' custom accessories, etc., in the sale of lots for new home construction. Obviously, this distorts upwardly the value of the IIlandll which is used in the District's sales analysis. We recommend the inclusion of a modifier to more accurately reflect the value of' the actual land sale. 3. Although the District has made neighborhood boundary changes for the 1990 Apprai sa 1 process, addi ti onal consideration should be given to West University Place One, which is presently divided at Buffalo Speedway into two neighborhoods; 7427.1 and 7427. At least two additional neighborhoods should be recognized to accommodate the disparity in properties that range from University to Bellaire Blvd.1I After discussion, Mayor Higley recommended City Council file an informal challenge at this time and, if necessary, proceed to a formal challenge after the Harris County Appraisal District responds to the informal challenge. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that City Council file an informal challenge to the appraisal district and,i f necessary, follow through with a formal challenge. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Red~ker, Watson None None COUNCIL COMMENTS: Members of City Council had no further items for discussion at this time. ADJOURNMENT: With no further business to come before Council at 3 .,- ....Tr.~,.~I"nfn~TTml,lmlln,nT. ";.1'- - this time, motion was made by Councilmember Redeker, seconded by Councilmember Watson, that the meeting adjourn. Such motion carried and the workshop session was adjourned at 8:47 p.m. 4 ct,,,,,,..ti.-;- "-J['~",J', .~nlr.;m[wmmlln,ll . ',.1-, r -G ~ Q\.O ~ ) ~)f ~~ CITY COUNCIL WORKSHOP SESSION MONDAY, MAY 14, 1990 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, May 14, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and Watson. Councilmember Redeker was absent. Also present were the Acting City Manager, City Secretary, City Attorney, Chief of Police, the Fire Chief, the Director of Administration and the Acting Director of Operations. AGENDA REVIEW: City Council reviewed the regular session agenda and made inquiries pertaining to the house moving ordinance and the alarm system ordinance. PRESENTATION OF PROPOSED NEW-COMERS BROCHURE: Jean Howse, Chairman of the New-Comers Brochure Committee, submitted a draft of the brochure for City Council IS review. Cost to print the brochure was estimated at $375.00 plus $100.00 if a map of the city was included. . Mayor Higley thanked the committee members for their hard work and agreed Council would report back to them. REPORT FROM THE RECYCLING COMMITTEE: Linda Brannen, Co-Chairman of the Recycl1ng Comm1ttee, requested Council consider additional trailers for the recycling center on Milton. The one collection trailer for plastics was filling up on a daily basis. The cost of the trailers was estimated at $1500 for a glass and aluminum trailer and $1300 for the trailer for plastic items. plus $200 for miscellaneous expenses bringing the total of $3,000. Ms. Brannen requested Council consider implementing a usage charge for garbage bags. This would be another effort to encourage recycling. The people using more garbage bags would be charged more than those using less. The Recycling Committee also requested that the yard clippings composting program be continued after the pilot program was completed. Chairman Brannen recommended that Joan Hargis be appointed to the Recycling Committee. Ms. Brannen reported that recycling participation has increased to 60% over a 20% participation when the committee was appointed. Mayor Higley recessed the workshop session at 7:30 p.m., to convene in regular session. At 8:30 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley, presiding, Councilmembers Bell, Jenkins and Watson. Councilmember Redeker was absent. Staff members present were the Acting City Manager, City Secretary, City Attorney, Chief of Police, the Fire Chief, and the Acting Director of Operations. Mayor Higley asked for Council IS consideration to the requests from the Recycling Committee. The Mayor recommended Council consider postponing unbudgeted expenditures for items which could be considered during the budget process. Moti on was made by Council member Watson, seconded by Counci 1 member Jenkins, that City Council appropriate $3,000.00 for the purchase of the two trailers as requested. Voting Aye: Voting No: Absent: Councilmembers Bell, Jenkins, Watson Mayor Higley Councilmember Redeker Mayor Higley recommended that staff prepare a plan for improvements to the Milton Street recycling collection center and that Council discuss a usage charge for garbage bags at a workshop. Mayor Higley recommended Council consider appointing Joan Hargis to the Recycling Committee as requested. Motion was made by Councilmember Jenkins, seconded by Councilmember Watson, that Joan Hargis be appointed to the Recycling Committee. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker APPROVAL OF TEMPORARY CONSTRUCTION EASEMENT FOR THE BISSONNET TOWNHOUSE RESIDENTS: Bob Slmpson, Super1ntenOentoT utll1't1~s, presented the form for a temporary construction easement which would allow city crews to construct a sanitary sewer line in the IIcommon areall of the University Place Townhouses. With the temporary easement, the line could be auger constructed. The alternative was to hand dig the line which would be very expensive. The estimated savings to the City to auger-construct the sewer line was be $27,582.00. The City Attorney explained that if Council approved the easement form, it would be approved in substantive form only. However, with approval of the form, staff could proceed to obtain the signatures from the townhouse association representatives. Motion was made by Councilmember Jenkins, seconded by Council- member Bell, that City Council approve the temporary construction easement in substantive form for the construction of a sanitary sewer line at the University Place Townhouses. Voting Aye: Voting No: Mayor Higley, Councilmembers Bell, Jenkins, Watson None 2 Absent: Councilmember Redeker DEVELOPMENT ON COMMUNITY DRIVE: City Council considered the recommendation from staff pertaining to development of lots on Community Drive. A builder was granted a variance by the Zoning Board of Adjustment for a garage five foot setback from the front building line on the garage at one building site on Community Drive. At a later date, the Zoning Board of Adjustment denied identical requests for variances for two other building sites on the same street. The Inspection Department staff recommended that if Council wpuld like to encourage this type of development on Community Drive, they consider forwarding a letter to the Board indicating their wishes. Motion was made by Councilmember Watson, seconded by Councilmemger Bell, that staff draft a letter to the Zoning Board of Adjustment expressing Council IS desire to encourage development on Community Drive to allow for a garage five-foot setback on the garage from front building lines. ' Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker REPORT ON PARKS GRANT APPLICATION AND PARK DEDICATION PROCEDURE: Acting City Manager, {;urt1s {;ooper, presentea a report on the parks grant application with the Texas Parks and Wildlife Department. According to the Comprehensive Planning Branch of the Texas Parks and Wildlife Department, a political subdivision can only apply for one site during one application period. The application periods are July and January. Other considerations included: (a) land for which the application is requested for acquisition or development must be formally dedicated as a park. This is done by resolution and included in the grant application. Henceforth, the land must be used as a park for open space and recreational purposes and may not be, used for any other purpose; (b) the 50% matching fund is actually interpreted so that the City encumbers all the funds in an account line item and as the park nears completion, the State will reimburse up to 50% of the actual costs; and (c) according to the grant agreement, the sites must have all underground utilities, however, the City would not have to relocate the utility lines which exist along the perimeter. Mr. Cooper further reported that it was the recommendation of the Parks Board that the JMH site be developed first and then Colonial . Park. 3 . If-'1,'-.I.mnIrn'"I\III'T.II11IIlI,.ttT-' ~'''-._.'<''TF'''~'''''-~.~ Motion was made by Councilmember Jenkins, seconded by Council- member Bell, that Council designate development of the JMH site for application to the Texas Parks and Wildlife Department.. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker RECOMMENDATIONS FOR THE PARKS AND RECREATION BOARD: Dave Agerton, representing the Parks Board, recommended removing the merry go rounds from all park sites. The merry go rounds were considered unsafe and may be the cause of injuries. Councilmember Jenkins andCouncilmember Bell were not in favor of removing the merry go rounds. Councilmember Jenkins stated that if the merry go rounds were properly maintained, there might not be a probable risk for injury. Mayor Higley recommended the merry go rounds be ,removed to avoid risk. After discussion, motion was made by Councilmember Watson, seconded by Mayor Higley, that the merry go rounds be removed from a 11 park si tes. Voting Aye: Voting No: Absent: Mayor Higley, Councilmember Watson Councilmembers Bell, Jenkins CouncilmemberRedeker Mayor Higley recommended City Council consider the recommendation again at the next workshop. GUIDELINES AND ASSISTANCE TO PROPERTY OWNERS CONCERNING CONNECTION OF NEW SEWER LINES: Superintendent of Utilities Bob Simpson discussed the guidelines for property owners to connect to water and sewer lines and the type of assistance offered by the city. After consideration, motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that City Council authorize assistance to residents to reconnect their residential water and sewer lines as a result of capital improvements, as follows: 1. Advertise for bids for the reconnection of residential sewer laterals - based on three typical lot drawings. As part of the notification to bidders, require that the low ten companies hold their respective bids in force for a period of no longer than 24 months. However, the company would be granted the right to increase the unit prices by no more than 10% during the contract time, 4 .. ~..__,....u.L ._____ .,-r........,. L '-. ....1[.11~aJ.lmlmE1i1.1l:t1111LDLlL. -~~~ 2. Adopt the low ten plumbing companies as city-recommended firms. This would allow all residents to take advantage of the bid price. 3. Based on the capital project size, award the assistance program contracts to the low three bidders. The number of companies awarded could be based on the number of requests for assistance. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker COUNCIL COMMENTS: City Council reviewed a proposed letter to challenge the Harris County Appraisal District to reconsider the property values in the city. Several changes were discussed. City Council concurred that staff would incorporate the changes and present the letter to the Mayor for signature. STAFF REPORT: Curtis Cooper reported on the traffic count on Cason which reflected an increase since the closing of Werlein Street. Mr. Cooper distributed a list of high weeds and grass citations. Councilmember Jenkins asked what it cost the City to mow the various parks and other areas and suggested the City might save money by contracting for mowing. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that the workshop session adjourn. Such motion carried and the meeting was adjourned at 10:30 p.m. 5 ,c~='1r'lT'1I1'1~~ltr,.I.r:I[llInl,DI - -------.~-----,---.-.,~~...,....T (\\,0 ~~ C\~ ? ~~ REGULAR CITY COUNCIL MEETING MONDAY, MAY 14, 1990 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, May 14, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and Watson. Councilmember Redeker was absent. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Acting Director of Operations, the Fire Chief and the Chief of Police. Councilmember Jenkins 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. C. H. Hodelin, 3809 Sunset, explained his garage was found to be a safety hazard. He elected to repair it himself. Mr. Hodelin was told he was in violation because he did not complete the project within a certain time frame. Mr. Hodelin was told that if he appeared before the Inspection Department they would issue him a time extension. Mr. Hodelin requested City Council require the people in the Inspection Department to leave him alone long enough to complete the repairs to the garage. Mayor Higley referred Mr. Hodelinls concerns to staff. Mark Johnson, 3032 Albans, reported that a few months ago the street in front of his property buckled. The buckle was taken out but the street was left unpaved. Mr. Johnson reported to the Public Works Division that he thought the areas were unsafe and unsightly. He was told that the street would not be repaved until the sanitary sewer lines were constructed, however, that would be many months in the future. Mr. Johnson requested the street be repaired before the sanitary sewer construction was completed. Mayor Higley advised Mr. Johnson that the issue would be referred to staff t6 see what would be appropriate action in this situation. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Higley invited residents who wished to adOress a specific agenda item to speak at this time. Dave Agerton, 3020 Pittsburg, spoke concerning a workshop agenda item concerning the Parks Board recommendation to remove the merry go rounds from all city parks. Mr. Agerton expressed his opinion that the merry go rounds were considered unsafe and he thought they should be removed. -~~-~rTI~!I.. _~''''",,:'''':J1IIlIlDt,BI. ---- ------~~----r.':f".:'...~ Lee Mabry, 3933 Oberlin, reported that on Thursday night two weeks ago the house next door to her was moved. The moving contractor ran over her property and destroyed two of her trees. The mover cut off some limbs from other trees. The contractor did replace the two trees he destroyed, but she considered his manners to be very rude. Councilmember Bell reported he was one of the witnesses to this particular house moving. He expressed concern over cutting of tree 1 imbs. Chief of Police Steve Griffith responded that the house moving ordinance on the agenda for consideration at this meeting would requ ire the height of the house to be no more than 14 feet. Thi s restriction would require the roof to be removed from the house before it is moved, thereby eliminating the need to cut tree limbs in most cases. Mrs. Mabry asked Council to consider restricting the length of the house as well as the height. Joan McCay, 3029 Carnegie, questioned why the house moving ordinance was presented for enactment on an emergency basis. Mayor Higley advised that City Council had previously agreed to amend the ordinance to remove the emergency clause. The ordinance would have two readings. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City Council suggested remov1ng an 1tem tromthe consent agenda. CONSENT AGENDA: Motion was made by Councilmember Bell, seconded by Councilmember Watson, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker RESPONSE TO LONG RANGE RECYCLING COMMITTEE: Consideration was given to the resolution,presented to C1ty {;ouncil by the Long Range Recycling Committee requesting curb-side pick up of plastics. Mayor Higley explained that the Long Range Recycling Committee submitted a resolution to City Council requesting curb-side pick up of plastics. City Council authorized staff to purchase a new recycling truck and as soon as the truck was delivered, city crews would be able to pick up the plastics. The city will then be picking up glass, aluminum cans, paper, plastics and composting' materials. Motion was made by Councilmember Jenkins, seconded by Council- member Bell, that City Council authorize and approve the curb-side 2 pick up of plastics as an additional operation of the recycling program, .such program to commence at the time of del ivery of the truck. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker ORDINANCE RELATING TO HOUSE MOVING: Consideraton was given to the first reading of Ordinance Number 1370. Mayor Higley presented the ordinance and read the caption, as follows: ORDINANCE NUMBER 1370 AN ORDINANCE RELATING TO HOUSE MOVING AND BUILDING MOVING; 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 1370, 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 Watson, that Ordinance Number 1370 be accepted on first reading as amended, deleting the emergency clause. from the caption and in Section 7, but not changing the effect'ive date. Councilmember Jenkins questioned the definition of "observer~ in the ordinance. He was not in favor of the ordinance as it was written. Acting City Manager Curtis Cooper advised that he would like to meet with house moving contractors before the second reading of the ordinance. Mr. Cooper thought staff would benefit from feedback from the contractors as to practicality of the requirements stated in the ordinance. Mayor Higley called for a vote on the motion. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Watson Councilmember Jenkins Councilmember Redeker ORDINANCE RELATING TO ALARM SYSTEMS: Consideration was given to the first reading of the Ordinance Number 1371. Mayor Higley presented the ordinance and read the caption, as follows: ORDINANCE NUMBER 1371 AN ORDINANCE RELATING TO ALARM SYSTEMS; CONTAINING RULES, REGULATIONS AND PROCEDURES RELATING TO SUCH SYSTEMS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST 3 ~ ~h_ " ~-' . [['.;t.:-:l:._ICIllltl.T.IE::IIIIDDLII"' -~-~~;''r''T-~ - UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1371, 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 Watson, seconded by Counctlmember Bell, that Ordinance Number 1371 be accepted on first reading with an amendment to the definition of the alarm shut-off time from thirty minutes to fifteen minutes and an accompanying amendment in Section 6-383 (b). Mayor Higley invited discussion. Councilmember Jenkins thought that some alarm systems might not have a fifteen-minute shutoff and a resident might have to repalce their entire alarm system. After discussion, the following vote was taken to accept the ordinance on first reading with the amendment requiring a fifteen-minute shut off time. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Watson Councilmember Jenkins Councilmember Redeker Councilmember Jenkins stated he would address certain portions of the ordinance at the second reading. Councilmember Jenkins recemmended Counci 1 consider lowering the permit fee toga; n compliance but increase the penalty on false alarms. ORDINANCE RELATING TO STREET FRONTAGE OF LOTS OR TRACTS: Consideration was given to the first andf1nal reading of Ordinance Number 1372. Mayor Higley presented the ordinance and read the caption, as follows: ORDINANCE NUMBER 1372 AN ORDINANCE RELATING TO STREET FRONTAGE OF LOTS OR TRACTS IN SUBDIVISIONS, INCLUDING RE-SUBDIVISIONS: 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 1372, 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 Watson, that Ordinance Number 1372 be adopted on first and ,final reading as presented. 4 Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Cou~cilmember Redeker RESOLUTION DESIGNATING RECORDS MANAGEMENT OFFICER: Mayor Higley presented the following resolution for Counc1l's consideration: RESOLUTION 90-05 WHEREAS, by Ordinance Number 1322, adopted August 8, 1988, City Council designated the city secretary to administer the records management program for the City of West University Place; and WHEREAS, such Ordinance 1322 stated the city secretary shall be responsible for city-wide files management and the direction and control of the City. s records disposition program; and WHEREAS, the Local Government Records Act, effective September 1, 1989, enacted by the 7lst Legislature, inaugurates a new era in the management and preservation of local government records; and WHEREAS, Section 203.025 of the Local Government Records Act requires each local government by June 1, 1990, to designate a records management officer by (i) designating an individual ; or (it) designating an officer or position, the holderDf which shall be the records management officer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Council hereby appoints the city secretary, and the successive holders of said office, to serve as records management officer for the City of West University Place. Sect.ion 2. As provided by State law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty days of the initial designation or of taking up the office, as applicable. 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 5 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 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 the May , 1990. 14th day of Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Watson Voting No: Absent: None Counci 1 member Rede"ker Signed: 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 Watson, seconded by Councilmember Bell, that Resolution Number 90-05 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker PURCHASE OF EQUIPMENT FOR FIRE DEPARTMENT PUMPER: Consideration was given to staffls recommendation for purchase of miscellaneous equipment for the Fire Department pumper. 6 r---,..,.....".,..."..""..........'''n.nt!!. ~~r-=.:t- Staff recommended that the contract be awarded to Casco Industries in the amount of $15,693.00. Motion was made by Councilmember Bell, seconded by Councilmember Watson, that City Council accept staffls recommendation and award the contract to CascoIndustries in the amount specified. 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 $4,460.64 submitted for legal services on the city's behalf for the month of April, 1990. Motion was made by Councilmember Bell, seconded by Councilmember Watson, that the invoice in the amount of $4,460.64 b~ approved for payment as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker RE-ROOF OF COLONIAL PARK FACILITY: Consideration was given to the invoice, in the amount of$T5,985.00 submitted by Marton Roofing Inc., for re-roofing of the Colonial Park Facility. Motion was made by Councilmember Bell, seconded by Councilmember Watson, that Council approve for payment the invoice in the amount of $15,985.00 submitted by Marton Roofing Inc., for the re-roofing project at Colonial Park Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker ENGINEERING SERVICES FOR-UTILITY RELATED PROJECTS: Consideration was given to the invoices totaling $26,867.93 submitted by Langford Engineering Inc., for the following: (a) Invoice No. 6123 in the amount of $3,780.42 for Priority Area No.3, Sanitary Sewer Renovation; (b) Invoice No. 6124 in the amount of 11,588.49 for Priority Area 4, Phase 1, Sanitary Sewer Renovation; (c) Invoice No. 6126 in the amount of $7,431.57 for Water Priority Area No. 2b Water Line Replacement Project; and (d) Invoice No. 6127 in the amount of $4,067.45 for 500,000 Gallon Pedestal type Elevated Storage Tank. 7 Motion was made byCouncilmember 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 CITY COUNCIL MEETINC MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, April 23, 1990; and (b) City Council Regular Session, April 23, 1990. Motion was made by Councilmember Bell, seconded by Councilmember Watson, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker COUNCIL COMMENTS: Councilmember Bell thanked the Chief Building Inspector and the Chief of Police for the way they dealt with the house moving incident. Councilmember Jenkins reported there was debris in the southwest corner of the Rice Bridge. The debris needed to be removed. Councilmember Jenkins reported that the Byron Street lot needed to be cleared and graded. Councilmember Jenkins asked the status of the recommendation for a non-slippery surface around the swimming pool. Councilmember Jenkins requested copies of the "City Currents" responses. Councilmember Jenkins requested the negative impact of the drainage requirements in Chapter 6 of the Code of Ordinances (the building regulations) be studied. There is an impact of that on the trees and on the amount of water that is thrown on the streets. Mayor Higley congratulated the Police Department on the no-parking enforcement at the Rice and Auden intersection. Mayor Higley requested staff prepare a write-up congratulating John Cardoni, who was a recipient of Mayor Whitmire's Senior Volunteer Award. Mayor Higley requested the letter requesting that Sewanee Street be closed be forwarded to the Traffic Committee for their creview and recommendations to Council. 8 . .... Ir."l,",I..ll':1lmr1:lIlIITlllnl~l'---~---------'--'-'---~ I"'.,' Mayor Higley requested staff determine the status of the Texas Employment Commission claim to verify that payments to the claimant had stopped and at what point the commission would be ab 1 e to prov i de the ci ty wi th refunds. STAFF REPORT: Acting City Manager Curtis Cooper advised he would make his staff report in the workshop session. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Jenkins, seconded by Councilmember Bell, that the regular session adjourn to reconvene in workshop. Such motion carried and the regular session was adjourned at 8:24 p.m. 9 Q :::.Jf.lo....~ R.~ ~ Q.: " ~-.!} CITY COUNCIL WORKSHOP SESSION TUESDAY, MAY 29, 1990 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 Tuesday, May 29, 1990, with the fo 11 owi ng members present: Mayor Higley, presiding; Council members Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, City . Attorney, the Fire Chief, Chief of Police, the Acting Director of Operations and the Superintendent of Utilities. AGENDA REVIEW: Members of City Council reviewed agenda items for the r~gular session. DISCUSS HOUSE MOVING ORDINANCE - PRESENTATION OF CHANGES FROM A REPRESENTATIVE IN THE INDUSTRY: Mr. Rick Cherry, V1ce Pres10ent of Cherry House Moving, presented suggested changes to the house moving ordinance which he believed to represent industry standards. The City Attorney presented proposed amendments to the ordinance which addressed many of Mr. Cherry's concerns. After discussion, City Council agreed to accept amendments, as follows: AMENDMENT TO DECREASE THE TIME FOR GIVING ADVANCE NOTICE OF CANCELLING A MOVE WITHOUT ADDITIONAL FEE: Amend Section 19-155(a) to read as follows (and conform the fee schedule): (a) The building official shall have authority to establish and direct, as a condition to the issuance of a permit under this article, the earliest and latest time when the house moving shall start and the time within which it shall be completed, the routes over which buildings of specified dimensions may be moved and such other regulations and conditions which he may deem necessary, and any deviation therefrom shall constitute an offense. The building official mil den the use of an route or portion thereuf iF there is a robabilit 0 unreasonae lsru 10n 0 rees, u 1C c use of the streets, or 0 er aC1 1 orac 1V1 . 0 m v begin until t e U1 lng 1S oa e on e equ1pment, an inspe~tion of the loaded rig by the build.ing official has been requested and the building official has been given at least twelve hours advance notice of the exact time when the move is planned to start. The licensee may give notice of cancellation of such a scheduled start. If such notice is given not less than four hours prior to the scheduled start, no additional fee is required for faF the rescheduling of a move. , AMENDMENT TO CHANGE THE MAXIMUM SIZES OF BUILDINGS TO BE MOVED: AMEND SECTION 19-155(c) to read as follows: (c) The building official shall determine the proper size limits of the building or part thereof that may be moved. The building official ma{' impose special size restrictions in connect1on wan amove over a partlcular requested route 1n orOer to m1n1mlZe Olsrupt1on'to trees, public fac111t1es, use of tne streets or otner act1va1es or facilities. In no event may the he1ght of a structure oe1ng moveo exceed 14.5 feet, exce t that a central eak may extend to a hei ht not to exceed 17.5 feet, nor may t e W1 excee ee. e Ra~~ewest J3ayeel seeUeR ef tRe st~eets ~t w~H t~aYe~se tlfleasl:l~eel f~elfl el:l~Bfaee te el:l~B faee; e~ f~elfl eel~e ef J3ayeRleRt te eel~e ef J3aYelfleRt; wRe~e tRe~e a~e Re el:l~BS~T Height and width are determined by , measuring the building loaded on the equipment, including any vehicle, braces or wheels that may be used for the move. ~R Re eyeRt lfIaytRe ~eR~tR ef a st~l:letl:l~e Be~R~ lfIeyeel fe*e~l:lel~R~ !Re YeR~e~e; B~aees e~ wRee~s~ e*eeeel tR~~ty feetT AMENDMENT TO ALLOW FOR EXTENSION OF THE TIME TO CLEAN UP THE LOT, BECAUSE OF WEATHER DELAYS: Amend Section 19-167(b) to read as follows: (b) The removal, disposal and grading shall be commenced by the licensee as soon as practicable after the building is movedand.must be prosecuted diligently to cpmpletion by the licensee. In all cases, the licensee must complete the removal, disposal and grading on or before the tenth day fall Qwi ng the day the building is moved., It i san affirmative defense to prosecution for a delay .in complet1on tnat' inclement weather' revented the com letion anad111'ence was used>to complete the work at the ear iest pract1ca e 1me. AMENDMENT TO ALLOW A ,LICENSEE TO SHED THE DUTY TO CLEAN UP THE LOT UNDER CERTAIN CIRCUMSTANCES: Amend section 19-167 by adding a new subsection (c) to read as follows: AMENDMENT TO RE-INSTALL THE DUTY TO PICK UP DEBRIS, ETC.: Add a section 19-168 (and change the numbers of the existing Sections 19-168 and 19-169): Sec. 19-168. Removal of debris, etc. It shall be the duty of the licensee to remove and properly dispose of all trash or debris in any street resulting from the moving of any building, and such work shall be done within four hours following the time that the move is completed. DISCUSS ALARM ORDINANCE: Acting City Manager Curtis Cooper asked the Fire Chief, Terry Stevenson, to report on findings fromresearch he had done relating to modifications to existing alarm systems. The ordinance was amended on first reading to require a 15 minute 2 shut-off device rather than a 30 minute shut-off device. Chief Stevenson reported that retrofitting the devices to shut off time varied from a small amount of money to hundreds of dollars. The systems that had both fire and burglar alarms did not provide for retrofitting which would make them more expensive to come into compliance with the ordinance. However, it was staffls recommendation that all system be required to comply with the terms of the ordinance. The more reputable companies would be able to alter the shut-off device at a lesser charge. Councilmember Bell reported he had heard from a few residents who thought the permit fee at $100 was too high. Councilmember Bell was in favor of lowering the permit fee and other members of Council agreed. Mayor Higley suggested Council consider the recommendation made by Councilmember Jenkins at the last meeting to lower the permit fee to $25.00 and increase the penalty for false alarms so that more than three false alarms would be chargeable. City Council agreed to the following amendments: Permit fee $;I:QQ$25.00 First f~Ye three chargeable activations in any calendar year, per alarm system $-0- ~4*'~ Fourth through tenth chargeable activations in any calendar year, per alarm system $50.00 Mayor Higley recessed the workshop session at 7:30 p.m., to convene in regular session. At 8:40 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley, presiding, Councilmembers Bell, Jenkins, Redeker'and Watson. Staff members present were the Acting City Manager, City Secretary, City Attorney, Chief of Police, the Fire Chief, the Acting Director of Operations and the Superintendent of Utilities. DISCUSS AND CONSIDER HARRIS COUNTY APPRAISAL DISTRICT VALUATIONS: Mayor Higley reported that the Harris County Appraisal District notified her that it had agreed to lower the values approximately 8% on properties west of Buffalo Speedway. It was further agreed the district would hold the protest hearings within the city. The District agreed to review the delineated neighborhoods and determine if additional neighborhoods should be designated prior to implementing the next appraisal cycle. Mayor Higley advised Council that if City Council wished to file a formal challenge to the district, the deadline to do so was May 31. A hearing would then be scheduled for June 6. The letter of May 14, 1990, which Council submitted to the appraisal district, would not hold up as a formal challenge. A formal challenge woul d need to, refl ect groups of properties in every area of the city that would show 3 that the properties were appraised at 98% or more of their market values. The City would need to hire an appraiser to study the square footage of all the properties and then to come up with the numbers that the city would include in the challenge. The up-side of the situation would be that the City could file a successful challenge and have all the property values lowered. The down-side would be that the numbers would not indicate an effective challenge but provide evidence to the district to perhaps raise the values. The district could choose to reappraise properties and hold up the tax roll until sometime next year and thereby put the city in a financial bind. Mayor Higley suggested Council might want to consider hiring a tax consultant to continually monitor the appraisal district. The expense could be included in the budget for the next fiscal year. Councilmember Bell asked what the affect would be if the district held up the appraisals. Mayor Higley responded that the city wou ld not be able to 1 evy a tax and co 11 ect property tax revenues. Councilmember Watson was in favor of filing a formal challenge and hiring a tax consultant. Councilmembers Bell and Redeker were not in favor of filing ,a challenge, but were in favor of hiring a tax consultant. Motion was made by Councilmember Bell, seconded by Councilmember Rede~er, that City Council not file a challenge to the Harris County Appraisal District but hire a tax consultant to represent the city for fairness in the appraisal process. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker Councilmember Watson None Councilmember Watson explained he voted against the motion because he was in favor of submitting a challenge to the district, however, he agreed with Council on the hiring of a tax consultant. ~ DISCUSS AND CONSIDER EMERGENCY SLIPLINING OF THE SANITARY SEWER LINE FOR 3800- 3900 BLOCK OF BYRON: Super1ntenOent otUt1 11t1es ~OD Simpson explained that. over the last few weeks the Util ity Division had ,investigated a sewer complaint from the 3900 block of Byron. Upon investigation, five areas were determined to require repair and visual inspection of another line in the same area indicated it was in extremely poor condition. Three firms were contacted to submi t proposals. The estimated cost to rehabi li tate the lines should not exceed $35,000. It was staff's recommendation that the sewer lines be declared an emergency condition and Council consider authorizing staff to contract with the firm submitting the best proposal. The 1990 budget does not have sufficient funds for the project, however, the Assessll1ent Expense Account (#04,..5000-4024) has funds that could be used. 4 ,.;,,>.....=_^r.~.>,,-_,__,_.., ,,,-_,,_,,,,,,,,,' L L_'_L_ ____ _ L'-'-__,U~.__'~~~_-':~~~.__, ,hLLjlJ_._.._~ -,_ u___;~ .______~'-~:...c~. .. -'Trl':'lId[1]m~;]IrrIIlDIlLII' ','''' After discussion, motion was made by Councilmember Watson, seconded by Council member Redeker, that City Counci 1 decl are the sanitary sewer lines in the 3800 - 3900 block of Byron an emergency repair item; authorize staff to contract for the repair and to fund the project from the Assessment Expense Account. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None DISCUSS AND CONSIDER EMERGENCY REPAIR TO THE WESLAYANLIFT STATION: Bob Simpson reported that the Weslayan Lift Station was operating with a by-pass .submersible system. The original pumps and motors failed and were removed. Two options were examined for the rehabilitation of the station and estimated costs determined, as f 011 ows : OPTION 1 Repair the existing pumps and motors by Hahn & Clay Rehabilitate two plug valves Replace controls, floats & panel Electrical work Sub-total Replace roof of station 1991 budget Option 1 total $16,569.00 1,000.00 6,500.00 3,000.00 $27,069.00 1.000.00 $28,069.00 OPTION 2 Purchase two submersible pumps as quoted by EBARA International Purchase Quick Disconnect with rails Purchase lifting chains Purchase controls, floats & NEMA 4X panel (quoted by EBARA) Equipment sub-total Electrical work Check valves and pipe fittings Wet well connections Installation quoted by A-I Utility Installation sub-total Structure Modification 1991 budget Option 2 total $ 8,316.00 1,338.00 144.00 1.424.00 $11 ,222.00 $ 5,000.00 2,000.00 4,000.00 15.000.00 $26,000.00 ~10.000.00 $47,222.00 Over the years, the city has received requests from the residents adjacent to the lift station to remove the structure and to more effectively control the odor. Option 2 includes the modificatio~ of the structure to a two-foot open enclosure and would provide less maintenance and repair costs. It was staffls recommendation that Council consider declaring the Weslayan Lift Station an 5 .., ,n .,....!.::-'I . '"' .. ,li"lll:" .. rr'l,U,I"mrnrlJllrlnlll1,11, I ' emergency condition and to authorize staff to proceed with the repairs as outlined in Option 2 provided funds can be obtained for the project. After discussion, motion was made by Councilmember Watson, seconded by Councilmember Bell, that City Council authorize and approve the emergency repairs to the Weslayan Lift Station as listed in Option 2 and further authorize the funds for the project be expended from the Water/Sewer Reserve Fund. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None DISCUSS SIDEWALK REQUIREMENTS: City Council agreed to postpone discussion of sidewalk requirements until the next workshop session. COUNCIL COMMENTS: No member of Council had anything further for discussion at this time. STAFF REPORT: Acting City Manager Curtis Cooper reported that staff was prepared to extend thecomposting pick-up pilot program to Mondays and Tuesdays as well as continuing Thursdays and Fridays. Monday and Tuesday pick ups will begin in July. Mr. Cooper further reported that the company (Humusoil) that is presently accepting our compost material has proposed a pilot joint project whereby the city would lease a portion of the landfill to Humusoil for processing the composting material. If Counc i 1 approved, s ta ff wi 11 proceed to negot i ate with Humusoil. It was the general consensus of Council that staff should proceed. Curtis Cooper advised he was contacted by an individual who requested the city loan the Colonial Park air structure for use during the Economic Summit. Because the air structure is , engineered and designed specifically for the Colonial Park pool, Mr. Cooper thought it would be risky to loan out the equipment. It was the concurrence of Council to deny the loan of the. air structure. CONSIDERATION OF MATTERS RELATING TO THE TEXAS EMPLOYMENT COMMISSION CASE INCLUDING CONTEMPLATED APPEAL AND OTHER PROCEEDINGS. RELATED THERETO: Mayor Higley recessed the workshop session to gointo.a closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Secti on 6252-17, Secti on 2(e) Discussion of Contemplated Litigation. With the exception of the City Attorney, staff members were excused at this time. Mayor Higley reconvened the workshop session at 10:00 p.m. 6 ADJOURNMENT: With no further business to come before Council at this time, Mayor Higley declared the workshop session adjourned at 10 : 00 p. m. -"0--,..--..-,.'.- . , ,.... ;c.:Lttc'-'.: 'L~t:i-,j.-",-, ",l..._-I 7 <...I "" ~ (t.."O oY/ ~~ '(-'-9 REGULAR CITY COUNCIL MEETING TUESDAY, MAY 29, 1990 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 Tuesday, May 29, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Acting Director of Operations, the Fire Chief and the Chief of Police. Councilmember Redeker delivered the invocation and led the Allegiance to the Flag. INTRODUCTION OF NEW EMPLOYEES: Donna Sims, Director of Admi n is tra t ion, introduced the fo 11 owi ng employees: Wanda Gray, who will begin work on June 1 as Cashier in the Finance Division; Patricia Koo, who was working as Cashier, has been promoted to Deputy Tax Assessor/Collector; Ann Caruthers, Secretary/Receptionist Hoa Diep, who was working as a Cashier, has been promoted to Junior Accountant in Data Processing. 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. . Linda Brannen, 4131 Southwestern, Co-Chairman of the Recycling Committee, reported the Recycling Committee would like for Council to consider the pick up of composting material four days a week. Ms. Brannen requested that Cathy Sisk be appointed to the Recycling Committee. 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 removlng an 1tem trom the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Redeker, seconded .._._~._-~ . -, "'-Il'.lL-~.:I[J]lItl:J:mrtIlDl~-~--~~--'--'''--~''~'''-'~r-- by Councilmember Bell, 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 ORDINANCE RELATING TO HOUSE MOVING; Consideration was given to the second reading of Ordinance Number 1370. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1370 AN ORDINANCE RELATING TO .HOUSE MOVING AND BUILDING MOVING; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Motion was made by Councilmember Bell that the ordinance be adopted as amended, as follows: AMENDMENT TO DECREASE THE TIME FOR GIVING ADVANCE NOTICE OF CANCELLING A MOVE WITHOUT ADDITIONAL FEE: Amend Section 19-155(a) to read as follows (and conform the fee schedule): (a) The building official shall have authority to establish and direct, asa condition to the issuance of a permit under this article, the earliest and latest time when the house moving shall start and the time within which it shall be completed, the routes over which buildings of specified dimensions may be moved and such other regulations and conditions which he may deem necessary, and any deviation therefrom shall constitute an offense. The buildin official ma den the use of an route or ort1on thereof if there is a pro a 1 1tf 0 unreasona e disrution to trees, ubl1C faC1 t1t1es, use or the streets, or oter. aCT 1 y or ac 1V1 y. 0 move s all begin until the building is loaded on the equipment, an inspection of the loaded rig by the building official has been requested and the building official has been given at least twelve hours advance notice of the exact time when the move is planned to start. The licensee may give notice of cancellation of such a scheduled start. If such notice is given not less than four hours prior to the scheduled start, no additional fee is required for fel'lthe rescheduling of a move. AMENDMENT TO CHANGE THE MAXIMUM SIZES OF BUILDINGS TO BE MOVED: AMEND SECTION 19-155 (c) to read as fo 11 ows : (c) The building official shall determine the proper size limits of the building or part thereof that may be 2 .,'"", '..1,,;.11....,. .. . W',l,'"1l,.-ll1lmnnJrmUllmr .,1"" ..r moved. The building official may impose special size restrictions in connection with a move over a part1cular requested route in order to minimize disru~t1on to trees, public facilities, use of the streets or 0 her act1v1t1es or facilities. In no event may the height of a structure being moved exceed 14.5, feet, except that a central peak may extend to a height not to exceed 17.5 feet, nor may the width exceed 30 feet. t~e RaFFewest ~aYee seet~eR ef t~e stFeets ~t w~~~ tFayeFSe t~eas~Fee fFe~ e~FB faee te e~FB faee; eF fFe~ ee~e ef ~aYe~eRt te ee~e ef ~aYe~eRt; w~eFe tAeFe aFe Re e~FBs~~ Height and width are determined by measuring the building loaded on the equipment, including any vehicle, braces or wheels that may be used for the move. ~R Re eyeRt ~ay tAe ~eR~t~ ef a stF~et~FeBe~R~ ~eYee te~e~~e~R~ t~e Ye~~e~e; BFaees eF w~ee~s~ e*eeee t~~Fty feet~ AMENDMENT TO ALLOW FOR EXTENSION OF THE TIME TO CLEAN UP THE LOT, BECAUSE OF WEATHER DELAYS: Amend Section 19-167(b) to read as follows: (b) The removal., disposal and grading shall be commenced by the licensee as soon as practicable after the building is moved and, must be prosecuted diligently to completion by the licensee. In all cases, the licensee must complete the removal, disposal and grading on or before the tenth day following the day the building is moved. It is an affirmative defense to rosecution for a delay in completion t at1ncemen wea er ~reven e e completion and diligence was used to complete tne work at the earliest practicable time. AMENDMENT TO ALLOW A LICENSEE TO SHED THE DUTY TO CLEAN UP THE LOT UNDER CERTAIN CIRCUMSTANCES: Amend section 19-167 by adding a new subsection (c) to read as follows: AMENDMENT TO RE-INSTALL THE DUTY TO PICK UP DEBRIS, ETC.: Add a section 19-168 (and change the numbers of the existing Sections 19-168 and 19-169): Sec. 19-168. Removal of debris, etc. r It shall be the duty of the licensee to remove and properly dispose of all trash or debris in any street resulting from the moving of any building, and such work 3 shall be done within four hours following the time that the move is completed. Copies of Ordinance Number 1370, as amended, 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. Councilmember Redeker seconded the motion which carried, by the following vote: Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ORDINANCE RELATING TO ALARM SYSTEMS: Consideration was given to the second reading of Ordinance Number 1371. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1371 AN ORDINANCE RELATING TO ALARM SYSTEMS; CONTAINING RULES, REGULATIONS AND PROCEDURES RELATING TO SUCH SYSTEMS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that Ordinance Number 1371 be adopted with the following amendments: Permit fee UQQ $25.00 First ftve three chargeable activations in any calendar year, per alarm system $-0- ~;j.*tR Fourth through tenth chargeable activations in any calendar year, per alarm system $50.00 Copies of Ordinance Number 1371, as amended, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested ci t~zens present. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None APPOINTMENT TO THE REGYCLINGCOMMITTEE: Consideration was given to Resolution Number 90-06. Mayor Higley presented and read the resolution, as follows: 4 ..... H".'" Ir' JJ:'~', mmollJ[]J]JJl]llr '-:-:rr:-' RESOLUTION NUMBER 90-06 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 WHEREAS, the Mayor and members of the City Council, by Resolution 89-16, adopted on August 28, 1989, appointed qualified citizens to serve on the Recycling Committee for the City of West University Place, Texas; and WHEREAS, the Co-Chairmen of the Recycling Committee have recommended that Joan Hargis be appointed to serve on the Recycling Committe with the other members; and WHEREAS, Joan Hargis has indicated a desire and willingness to serve as a member of the ~ommittee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Joan Hargis be appointed to serve as a member of the Recycling Committee. Section 2.-- That Joan Hargis shall serve on the RecycUng Committee without compensation. Section 3. That Joan Hargis shall serve until the next regular city election of the City Council and thereafter until the appointment and qualification of her successor. PASSED AND APPROVED THIS the 29th day of May , 1990. Voting Aye: Voting No: Absent: Laura C. Higley, Mayor ATTEST: Audrey Ni cho 1 s City Secretary Approved as to Form: (SEAL) James L.Dougherty , Jr. City Attorney 5 ~~._.___ _'~____'___'_---...u~~~ ...~..,-. ----~cJnmrnrlll!'llllIll1lF'- --T::T-,m."'C Motion was made by Councilmember Jenkins, seconded by Councilmember Watson, that Resolution Number 90-06 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 Joan Hargis. WATER PRIORITY AREA 2b: Consideration was given to staffls recommendation for award of contract for construction of the water line project in priority area 2b. " Staff recommended the contract be awarded to the low bidder, RWL Construction Co., Inc., for the bid amount of $537,015. Motion was made by Councilmember Redeker, seconded by Councilmember Bell, that City Council accept staff's recommendation and award the contract for construction of the water line project in priority area 2b to RWL Construction Co., Inc., in the amount of $537,015.00. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None PURCHASE OF VEHICLES: Consideration was given to the invoice in the amount of $21,502.10 submitted by Bill Munday Pontiac for delivery of two four-door sedQns for city staff. Motion was made by Councilmember Redeker, seconded by Councilmember Bell, that the invoice in the amount of $21,502.10 by approved for payment to Bill Munday Pontiac. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the i nvoi ce in the amount of $7,775.00 submitted by the Harri s County Appraisal District for the third quarter payment. Motion was made by Councilmember Redeker, seconded by Councilmember Bell, that City Council approve for payment the invoice in the amount of $7,775.00 to the Harris County Appraisal District. ~-n 6 ,- "..".r-: ..ur-' Tn,",I" lr~n:rlnllrl;'11111,1T'- ---------~_.'-- --~--,--c"'""'T,...-- Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None PARK DESIGN DEVELOPMENT: Consideration was given to the invoice in the amount of $'2'7800.00 for professional services in connection with the design development of five parks sites. Motion was made by Councilmember Redeker, seconded by Council- member Be 11, that Ci ty Gounci 1 approve for payment the i nvoi ce in the amount of $2,800.00 to Tapley-Lunow Architects for professional services in connection with the design development of the park sites, such amount representing 10% completion of the proj ect. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None HARRIS GALVESTON COASTAL SUBSIDENCE DISTRICT: Consideration was given to the request for payment in the amount of $5,525,.00 from the Harris Galveston Coa~tal Subsidence District for the groundwater withdrawal permit fee.-for 1990-1991. Motion was made by Councilmember Redeker, seconded by Council- member Bell ,that City Council authorize payment of the permit fee in the amount of $5,525.00 to the Harris Galveston Coastal Subsidence District for the period July 1, 1990 through June 30, 1991. Voting Aye: Voting No: Absent: Mayor Hi,gley, Councilmembers Bell, Jenkins, Redeker, Watson None None TRI-SPORTS INVOICES: Consideration was given to the final payment due to Tri-Sports in connection with the improvements to the playing fields located.at the West University Elementary School. Motion was made by Gouncilmember Redeker, seconded by Counctl- member Bell, that City Council approve final payment due to the Tri-Sports Association in connection with the $25,000 allocated for improvements to the playing fields located at the West. University Elementary School. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins,- Redeker, Watson None None 7 TAX REFUND: Consideration was given to the request for tax refund of a duplicate payment to account 01-00-00-7288 in the amount of $70Q.00 and account 01-99-00-0115 in the amount of $189.00. Motion was made by Councilmember Redeker, seconded by Council- member Bell, that City Council approve the tax refund as requested. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None RE-ROOF POLICE DEPARTMENT FACILITY: Consideration was given to the invoice in the amount of $I37693.00 submitted by Marton Roofing Co., for the re-roof project at the Police Department Building. Motion was made by Councilmember Redeker, seconded by Council- member Bell, that the invoice in the amount of $13,693.00 submitted by Marton Roofing Co., be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, May 10, 1990; (b) City Council Workshop Session, May 14, 1990; and (c) City Council Regular Session, May 14, 1990. Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, ,Watson None None COUNCIL COMMENTS: Councilmemper Jenkins asked that the Byron Street lot be cleared and graded and that the easement between Auden and Sunset be mowed. Councilmember Jenkins asked if the city allowed citizens to put in improvements on the streets such as curbs and was it legal for the citizens to do so~ The City Attorney responded that the only thing that might prohibit it would be ,an engineering question. The City Attorney did not know of anything in the code to prohibit the addition of curbs. >__.~.=~c_,",,!,~,_," '" t'I~ll 8 ,. '1111 - 11'- 11"1,1, lHliirlJlllrrJlIl1l.1r ;1. "llijr;-' ",I' . Mayor Higley asked for a report on the standards for curbs at those locations where curbs did not exist as part of the street construction. Councilmember Redeker asked what the policy was when water continually stands in front of a house. Acting City Manager Curtis Cooper responded that staff tries to fix the worst ones, but the conditions are allover town. To fix it permanently, the city would actually need to redo the streets. If you patch a portion of the street, it simply moves the water to another location. Councilmember Redeker questioned the status of the cable TV channels. Director of Administration Donna Sims responded that the distribut1.on system in the city is antiquated and the system would not support any more channels. Until such time as the system is brought up to the state of the art condition, the city will not experience improvements in reception. Councilmember Redeker questioned the amount of money spent at a local hardware store. Ms. Sims responded that the city has an account and a variety of repair items are purchased. Council- member Redeker asked if the city received a discount. Ms. Sims advised that the city did not. The items are bought on emergency and convenience basis. Superintendent of Utilities Bob Simpson explained that only certain employees are allowed to purchase the 1. tems . Councilmember Jenkins suggested staff try to negotiate a discount at the store. Councilmember Redeker asked if anyone from the city planned to attend the meeting on redistricting. Mayor Higley did npt think there was anyone, going. Counci 1 member Redeker asked that the city try to get some feedback from the meeting. Councilmember Redeker asked about a residentls utilitybi,Tlthat refl ected the change to two uti 1 ity bi 11 i ngs per month. Donna Sims explained that the residentls utility bill would be adjusted. Staff eliminated penalties for the first month of the new billing cycle. Councilmember Bell reported that the two houses on Community Drive would be built. Councilmember Bell suggested Council consider a review of the Zoning Board of Adjustment. Councilmember Bell asked if the city had a program for cleaning the storm sewers. Acting Director of Operations Jerry Burns responded that the storm sewers were cleaned approximately every three months. Councilmember Bell suggested the Cable TV construction notice be published in the "City Currents" so that all residents would have the information. 9 ~ . , '., - .. ... '1I~~~tIllllr:llIlIl:J::lDlJ[:lI" ~~~r"1'''-'--'' '" '1' Councilmember, Watson reported a citizen complaint and stressed to staff to be polite to the residents. Mayor Higley congratulated the Police Department on t,he many letters of commendation from residents. Mayor Higley congratulated Jerry Burns on the successful compostin,g pilot program. STAFF REPORT: Acting City Manager Curtis Cooper reported the City received verbal confirmation regarding the abandoned street right-of-way at Westpark and Dincans. The price for !the abandoned strip was approximately a 50% reduction from what was previously considered~ Information will be forthcomi!ng in written form. ' ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Redeker, seconded by Council member ,Bell , that the regular session adjourn ito reconvene in workshop session. Such motion carried and the meeting was adjourned at 8:35 p.m. 10 '--. ---- ~~._~ " .'-rl::ff'l:..[IImr:IlIlII:DlLl][.II' ----.-....-..,----,--.-,,----:-'":~T'T"""..-"'-,'r___ ? CJ--iO .) ,- ~QY ; ~~ CITY COUNCIL WORKSHOP SESSION MONDAY, JUNE 11, 1990 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 11, 1990, wi th the fo 11 owi ng members present: Mayor Hi gl ey, pres i ding; Counci lmembers Bell, Jenki ns, Redeker and Watson. Also present were the Acting City Manager and the City Secretary. David Eisenlohr, representing Ralph Andersen & Associates, was present. Mayor Higley called to order the workshop session and announced that the City Council would convene in closed executive session involving the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee including review of candidates for City Manager and a retirement case (Hammons Case). The closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Section 6252...;17; Section2(g) began at 6:14 p.m. Mayor ,Higley recessed the closed executive session and re,convened the workshop session at 7:24 p.m., at which point Mayor Higley recessed the workshop session to go into regular session. Mayor Higley reconvened, the workshop session at 8:00 p.m. to consider workshop agenda items not previously discussed. DISCUSS REPORT ON STATUS OF WATER AND SEWER PROJECTS: Dieter Ufer, city.sconsultant engineer, reviewed the water and sewer projects under construction and those authori zed ,for engineering services. The five projects were listed as follows: 1. 'Improvements to the Wakeforest Water Plant. This project was divided into 3se'parate phases: (a) construction of an elevated storage tank: in July will advertise for bids; (b) constructi on of 2 ground storage tanks: In May 1991, will advertise for bids and the project will take approximately 8 months to complete; and Water Plant Improvements/Booster Pumps: Plans are to advertise for bids in December 1991. (c) (2) Water Line 2b: The contract has been awarded and construction should begin in approximately 30 days. (3) Surface Water Tie-In: Plans and specifications will be completed in November and request will be made to authorize advertising for bids some time thereafter. These plans must be submitted to Houston for approval before the city may advertise for bids. (4) Sanitary Sewer Line Priority Area 3: Contract awarded and construction underway. (5) Sanitary Sewer Line near Edloe from Albans to Georgetown (Priority Area 4): development of plans and specifications will begin shortly. Acting City Manager Curtis Cooper advised that the repaving of Rice Boulevard and the replacement of the Rice Boulevard bridge were projects that would be under construction during the same time period. DISCUSS AND CONSIDER APPROVAL OF NEW-COMERS BROCHURE: The draft of the new-comers brochure was reviewed. Staff submitted recommendations for amendments to the first draft. City Council offered several other changes and generally approved the brochure for printing. After discussion, Council asked Jean Howse, Chairman of the New-Comers Brochure Committee, to determine the cost of printing 5,000 and to report back to Council. City Council concurred that the brochures would be made available to residents; realtors would be charged. DISCUSS AND CONSIDER WESTPARK PROPERTY ACQUISITION: Curtis Cooper presented information concerning the abandonea right-of-way on Westpark at Dincans. The city has the opportunity to purchase 8,537 square feet for the price of $51,250.00 which equates, to $6.00 per square foot. The city deposited $2,700.00 in escrow for the property. Thi s amount wi 11 be deducted from the $51,250 leaving a balance of $48,550.00 which Council would need to appropriate to proceed with the purchase. The land adjoins a city-owned tract and would increase the size of the city's property at that location. Motion was made by Councilmember Bell, seconded by Councilmember Watson, that City Council authorize the appropriation of $48,550.00 for the purchase of 8,537 square feet of street right-of-way abandoned by the City of Houston. . Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None The members of City Council concurred they would be agreeable to considering a short-term lease of the property. At 9:14 p.m., Mayor Higley recessed the workshop session and reconvened the closed executive session, as authorized by the Open 2 _c.,,1 J~.,.", , -,-"... . . '"" ---- ___c_~_~~-. . . II" .l:~mmrrrllfl"l'9J'fElr----~-----~_.--~=~r'-""-'--'--"~ Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Section 6252-17, Section 2(g). Mayor Higley reconvened the workshop session at 9:35 p.m. DISCUSS AND CONSIDER SIDEWALK REQUIREMENTS: Councilmember Bell suggested amendments to the sidewalk ordinance. City Council generally agreed to consider the proposed amendments, as follows: (a) If a property owner does major modifications to a house and it does not have a sidewalk, the property owner must put in a sidewalk. (b) If the sidewalk is in bad repair and the property Qwner does major modifications, he would have to replace the sidewalk. (c) Require sidewalks to be constructed around all parks and schools, but to wait until the park plan is implemented. Countilmember Bell suggested Council consider offering financial assistance to certain homeowners for sidewalk construction. Council agreed to consider the three amendments stated above, but to not consider financial assistance at this time. Mayor Higley recommended, and Council concurred, that the Inspec.;. tion Department develop a recommendation for the definition of IImajor modificationsll. Council would discuss sidewalk requirements again at that time. COUNCIL COMMENTS: No member of Council had other items for discussion. STAFF REPORT: Acting City Manager, Curtis Cooper, distributed a list of ideas for Council to consider in preparation for the Economi c Summi t. ,The 1 is twas developed from s ta ff . Mr . ,Cooper asked Council to review the list and discuss appropriate action at the next workshop session. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that the meeting adjourn. Such motion carried and the meeting was adjourned at 10:00 p.m. 3 ....-""...W.l,...I" Tl'1Imnlllrl'"rUlll,,~l'. Q ::::. fc.J '^- 0 Q! ~' 9... Q. /J- ~\9 REGULAR CITY COUNCIL MEETING MONDAY, JUNE 11, 1990 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, June 11, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, the Fire Chief and the Chief of Police. Councilmember Watson aelivered the invocation and led the Allegiance to the Flag. INTRODUCTION OF NEW EMPLOYEES: Fire Chief Terry Stevenson, introduced Captain Steve Salyer from the Fire Department. Captain Salyer introduced Clay Caldwell who was recently employed as a firefighter. 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 previ-ously been submitted to the City Manager. Charl es Endress, 3750 ,Georgetown, stated he was a senior citizen. He and his wife made numerous trips to the library and senior wing. He was concerned about the white landscaping rocks \ that were placed around the entrances to these buildings. The rocks spill onto the sidewalks and might cause someone to fall. Mayor Higley thanked Mr. Endress for bringing his concern to the attention of City Council. Staff would take measures to keep the rocks off the sidewalk or remove them. 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 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 ,I '" ..", ,.,,;-...;illl~' ''""IF''If'~~---'--'_.'-- ',1'" APPOINTMENT TO RECYCLING COMMITTEE: Mayor Higley presented Resolution 90-07 for Council consideration. The resolution was, as fallows: RESOLUTION NUMBER 90-07 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 WHEREAS, the Mayor and members of the City Council, by Resolution 89-16, adopted on August 28, 1989, appointed qualified citizens to serve on the Recycling Committee for the City of West University Place, Texas; and WHEREAS, the Co-Chairmen of the Recycling Committee have recommended that Cathy Sisk be appointed to serve on the Recycling .Committe with the other members; and WHEREAS, Cathy Siskhas indicated a desire and wi 11 i ngness to serve asa member of the commi ttee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Cathy Sisk be appointed to serve as a member of the Recycling Committee. Section 2. That Cathy Sisk shall serve on the Recycling Committee without compensation. Section 3. That Cathy Sisk shall serve until the next regular city election of the City Council and thereafter until the appointment and qual ification of her successor. PASSED AND APPROVED THIS the 11th day of June , 1990. Voting Aye: Voting No: Absent: Signed: Laura C. Higley, Mayor' 2 ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that Resolution 90-07 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None PROCLAMATION DESIGNATING FLAG DAY: Mayor Higley designated June 14, 1990 as Flag Day in the City. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that City Council approve the proclamation as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker" Watson None None AUTHORIZATION TO ADVERTISE FOR BIDS: Consideration was given to authorize advertising for bids for the purchase of an automatic inserter machine for the Finance Department. Motion was made by Councilmember Jenkins, seconded by Councilmember Redeker, that City Council authorize staff to advertise fbrbids for the purchase of the inserter machine. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ANNUAL AUDIT: Consideration was given to the invoice in the amount of ~OOO.OO submitted by KPMG Peat Marwick for payment due in connection with the 1989 annual audit. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that the invoice in the amount of $17,000.00 be approved for payment to KPMG Peat Marwick. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None 3 REPAIRS TO WATER WELL #8: Consideration was gi~en to the invoice in the amount of $5,000.00 submitted by Houston Armature Works, Inc., for repairs to the pump at Water Well #8. The actual invoice was $6,623.94 less a credit memo in the amount of $1,623.94. Motion was made by Councilmember Jenkins, seconded by CounciJ- member Redeker, that City Council authorize payment in the amount of $5,000.00 to Houston Armature Works, Inc. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CITY MANAGER SEARCH CONTRACT: Consideration was given to the invoice in the amount of $3,091. 92 submi tted by Ralph Andersen & Associates for services in connection with the search for a city manager. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that the invoice in the amount of $3,091.92 submitted/by Ralph Andersen & Associates be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consideration was gi ven to the invoi ces total i ng $33,833.,98 submitted by Langford Engineering Inc., for the following. (a) Invoice 6153 in the amount of $11,247.13 for construction of Priority Area No. 3 Sanitary Sewer Renovation; (b) Invoice 6154 in the amount of $17,295.43 for Water line Replacement Project, Water Priority Area No. 2b; Invoice 6155 in the amount of $2,350.63 for construction of the Surface Water Transmission Line; and (c) (d) Invoice 6156 in the amount of $2,940.79 for Construction of 500,000 Gallon Pedestal Type Elevated Storage Tank. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that the invoices submitted by Langford Engineering, Inc., be approved for payment as listed. 4 '-"'-";'~01<_~",",,,,",_,,;. _.)O~._"f'I'f,'_.,~,."~"-.u~y_",,,,,',:' I ,.1 ;.J ,,-I .... ....1"1'"--"... r 'T"11 a.' ;.,li.bi.IIIlU ."--'-rrlJ",I,;.tn:mr;ll1l1rnllll~---~ .,1 Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None PUBLIC AUCTION OF CITY VEHICLES: Consideration was given to authorize the auction of two city-owned vehicles, as follows: 1982 Dodge - four-door sedan, Unit No. 302 1982 Dodge -'four-door sedan, Unit No. 204 Motion was made by Councilmember Jenkins, seconded by Council- membe~ Redeker, that City Council authorize the auctionofc. the two vehicles as requested. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None LEGAL SERVICES: Consideration was given to the invoice in the amount of $5,109.04 for legal services provided on the cityls ,behalf for the month of May, 1990. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that the invoice in the amount of $5,109.04 for legal services be app~oved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, May 29, 1990; and (b) City Council Regular Session, May 29, 1990. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that the,minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Re,deker, Watson None None COUNCIL ,COMMENTS: Councilmember Bell urged staff to promptly see what could be done at the library and the community building about the rocks. Councilmember Bell requested that, in the future, all proclamations be placed on the consent agenda. ,,~, ,._.~C'~" ',_'_' _," 1',1 III I. .11 5 . -"""I.'j 11;'1,111 '-_iht!Jlllltlli "'""--n-.nn,IIl,Trtirnrll1mHlll1,.lr ,I",'" Councilmember Redeker reported she received comments from residents concerning people who do their yard work on weekends and the debris is not picked up until Thursday. Curtis Cooper responded that in July the city will expand the program to pick up yard clippings and grass on Mondays and Tuesdays, as well as Thursdays and Fridays. Councilmember Redeker recommended the citizens be informed of the program expansion by publication in the "City Currents". Councilmember Redeker advised that Saturday service by Metro through West University Place would be eliminated due to <lack of ridership on that day. Councilmember Jenkins asked w.hat the city was doing to the contractors who did not appear in court on their court date~ Chief of Police Steve Griffith responded that if warrants were issued there would be an additional charge of $52.50 for failure to appear. Councilmember Jenkins stated he would li,ke the city to get tough on the issue. Councilmember Jenkins commented that at one time there was an idea on having contractors replace curbs whether they damaged itor not. Chief Griffith advised the contractorls responsibility to replace a curb was addre.ssed in the revi s ions to Chapter 6 whi ch will be presented to Council for discussion next week. Councilmember ,Jenkins asked what a "complete service check" meant on ,the fleet maintenance schedules. Curtis Cooper advised that when all the data is entered onto the computer, the complete service check will be administered on the Inter-City Vehicle Repair Order and all .listed items would be inspected. Mayor Higley congratulated staff for a successful Health Fair. Mayor Higley'complimented the inspection division and municipal court for their efforts in enforcing the city.s codes. STAFF REPORT: Mr. Cooper aavised Council that he would make his staff report in the workshop session when it reconvened. ADJOURNMENT: With no further business to come before Council ,at this time, motion was made by Councilmember Jenkins, seconded by Councilmember Bell, that the regular session adjourn. Suchmotion carried and the regular session was adjourned at 7:54 p.m. to reconvene in workshop session. 6 ~ ~-o ~~ 0' (!.Q:-' rr ~~ CITY COUNCIL WORKSHOP SESSION MONDAY, JUNE 18, 1990 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 18, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, City Attorney, the Chief of Police and the Chief Building Official. DISCUSS AND CONSIDER HARRIS COUNTY APPRAISAL ALTERNATIVES: Mayor Higley invited Mark Spradling to report his findings relative to negotiating for a tax consultant to represent the city before the Harris County Appraisal District on a year-round basis. Mark Spradling reported he had talked to Glen Rosenbaum and Bob Jones who represent the River Oaks Civic Association. Recommendations made by them were for the city to start a tax consultant at the first of the year. Mr. Rosenbaum and Mr. Jones offered to provide names of persons who are well-respected in the field and who wou,ld be able to represent West University Place. Mr. Rosenbaum met with realtors to establish the sub-neighborhoods in River Oaks to be used in the appraisal process. Mr. Spradling advised, that from the information he gathered, the Council needed to be aware that West University Place may not be able to get smaller delineated neighborhoods, but it was worth trying. Also, the results of a tax consultant may not benefit everyone. Mr. Spradling recommended that Council remain strong in their belief that some of the value of land evaporates if the house is demolished. Mayor Higley suggested Mark Spradling establish a time table for Council action and also suggested that Mr. Spradling ask Mr. Rosenbaum or Mr. Jones for names of persons they would recommend to represent the city. DISCUSS CHAPTER 6 REVISIONS: City Attorney Jim Dougherty presented the revisions to Chapter 6 and reviewed them with City Council. Of special interest were changes, as follows: A 11 references to the General Appeals Board ("GAB") in thi s or any other ordinance or resolution shall be construed as references to the Building & Standards Commission ("BSC"). This amendment was the result of legislative action. "Major development" means the construction of a new principal building or additions to an existing principal building which increase its gross floor area to 150% or more of its gross floor area on April 9, 1990. Definition of the "Large qualified street tree" was moved out of the zoning ordinance and included in Chapter 6. Councilmember Bell recommended that language' be added to address lIunusual or giant treesll, whether they were on the list of qualified trees or not. City Council accepted Councilmember Bellis recommendation. A change in the definition of "qualified tree" [Z&PC species list] was to delete ash trees and add American sycamores. After discussion, Council agreed to delete American sycamores as well. Curbs, Gutters and Sidewalks. Council agreed to add the following: Major Development would require the property owner to add new sidewalks where there were none or replace an existing one in llli ke newll conditi on. Replace curbs or place in llli ke newll condition. Major Remodeling (remodeling with a total value of $5,000 or more) replace curbs or place in lllike newll condition. City Council voted to not include a clause to require at issuance of Certificate of Occupancy (any change of ownership or residency) repair or installation of sidewalks or to require repair of sidewalks with no more than 111 deviation in edges or adjoihing surfaces. Mayor Higley left the meeting at 8:15 p.m. Mayor Pro Tem Bell presided. The remaining additions and amendments presented by the City Attorney were generally agreed to by Council. It was further agreed to consider the Chapter 6 revisions at the next regular Council meeting. One other amendment to the Building Code was acceptable to Council, as follows: City Council agreed to an amendment that Section .6-52 of the Code of Ordinances of the City of West University Place, Texas is hereby amended by deleting therefrom subparagraph II(V)II (relating to a minimum number of exits). It was agreed that a 5/811 sheet rock fire wall be required for houses of more than two stories, but to delete the requirement for two exits for three level homes. DISCUSS ELECTRICAL CODE: The City Attorney presented draft of an ordinance adopting the 1990 National Electrical Code. After review, City Council accepted the ordinance as presented and agreed the ordinance would be placed on the regular agenda for June 25, 1990. 2 DISCUSS ECONOMIC SUMMIT: Acting City Manager Curtis Cooper reported that staff planned to use the street sweeper to keep streets clean and to re-stripe streets where needed. There were other house-keeping items that staff planned to do. After discussion, Council agreed that if the City of Houston does not mow the median on Bissonnet, that the city would see if Houston would allow West University to have it mowed. Curtis Cooper would call Houston on this. The members of City Council expressed their preference for the city to mow the medians on Bellaire Blvd. as well. STAFF REPORT: Curtis Cooper distributed a memo from the Parks Board concerning the grant application to Texas Parks & Wildlife for park development. In the memo the Parks Board explained they changed priorities and recommended the city apply for a land acquisition and development grant before July 31, 1990, for Colonial Park. . Previously, development of the JMH park site had first priority. The Parks Board would like to postpone submission for a grant to develop the JMH site until January, 1991. Mr. Cooper advised Council that Mr. Agerton wished to speak to Council at the June 25th meeting and present the Parks Board's reviSed plans. In order for the park planners to complete a grant application by July 30, Council would need to decide by July 9. COUNCIL COMMENTS: Time was.not allotted for comments from Council. However, Mayor Pro Tern Bell requested that discussion of the University Bridge be on the next workshop agenda. ADJOURNMENT: Mayor Pro Tern Bell declared the workshop session adjourned at 9:14 p.m. 3 <:) ~ qo..O ~ t.~ ,<"r CITY COUNCIL WORKSHOP SESSION MONDAY, JUNE 25, 1990 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, June 25, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Redeker and Watson. Councilmember Jenkins was absent. Also present were the Acting City Manager, Ci ty Secretary, and the Acti ng Di rector of Operations. DISCUSS AND CONSIDER PRIORITY 1 AND 2 PARK ACQUISITION AND DEVELOPMENT: Mayor Higley invited Dave Agerton from the Parks Board to discuss the priorities and development of the parks and,following Mr. Agerton, Tom Rushing, Chairman of the Friends of West U Parks, would discuss fund raising for park land acquisition and development. Mr. Agerton addressed ~ouncil and stated the Parks Board requested Council's endorsement of the direction the Board should take in setting priorities for the Texas. Parks and Wildlife (TP&WL) grant. It was the Parks Board's recommendation that the grant application be. directed to land acquisition to 'expand and develop Colonial Park. Initially, development of the JMH park site was first priority. However, in light of land acquisition opportunities now present, the Parks Board recommended to delay development of the JMH site grant application for six months and to 'advance Colonial Park forward now. . Harris County Park Planner, John deBessonet, encouraged the Board to make the change as he feels there. is a strong possibility for success in a grant application for that purpose. Colonial Parks serves the entire community and has broad appeal. Although the Parks Board can not predict donations, the members feel donations area possible source of income to fund the park development. Mayor Higley asked which lots Mr. Agerton thought might be available. Mr. Agerton suggested five lots, but pointed out that when the ci ty gets a grant, it wi 11 not be for speci fi c lots. The owners of the properties under consideration indicated verba11 y they wou 1 d be wi II i ng to se II to the city, howeveYl, they did not say when. In answer to questions from Council, Mr. Agerton reported that the grant money would have to be spent in three years. As the city spends the money, the TP&WL would make reimbursement. The grant application deadline is July 30th and the city will be notified in January 1991 if the grant is awarded or not. The TP&WL will retain 5% until the project is complete. . 'W'.!!'~~ lrJ,rnrl!lllrnllI11~--------------- - ---,-.,.,',-----~"':~-';.'c"'- Councilmember Bell asked if purchasing land now would affect the chances for success of the grant application or perhaps not be included in the grant award. 'Mr. deBessonet advised that a waiver of retro activities may be applied 'for which could be given to the city if the lots become ava ilabl e before, the grant is approved. On these projects, the city would have to go through an appraisal process which includes two appraisals of the lots and submit the appraisals to the State. Councilmember Bell asked Mr. deBessonet if it would hurt the city because of the small amount of land at the current prices where another city may be able to get more land for less money. Mr. deBessonetrespondedthat it would have nothing to do with the success of' the grant application. Mayor Higley asked what if something. happens and the city would need to apply the money to another Tot. Mr. deBessonet advised that the city would then file a substitute lot with the State. It was not~n unusual occurrence. Mr. Tom Rushing. stated the main job of the Friends of West U Parks was to raise money for the development of pay..ks and recently this window of opportunity opened up. Mr. Rushing did not think it important which direction the Friends focused their attention. The different priori ty was an ideal opportuni ty for land acquisition. It was his.thought that the Friends would need to raise $250,000 in three years and he thought that was achievable. However, he thought the funds raisers would need to be specific. To seek donations for a grant in hand would be specific. Mayor Higley asked Mr. Rushing what the Friends were trying to raise for development of the JMH site. Mr. Rushing responded they were seeking $100,000, but they had a shorter time frame. Members of Council questioned the actual amount the Friends would be obligated to raise. '. It was calculated that using thE! Dave Ignash donation of $46.000 and donations from water bills currently over $11,000, and utilizing money in the Parks Board Fund of approximateTy$10,000, the actual amount the Friendswould need to raisewas$183,QOO. Mayor Higley suggested Mr. Rushing's committee consider including theJMH site development in the first fund raising campaign. Those who are anxious to develop JMH would be able to give to that. Mayor Higley thought that one large campaign rather than two campaigns might get a better reception. Mr. Rushing recommended the Friends should go after one specific project at a time. Mayor Higley asked Mr. deBessonet what his experience was if the city would get one project funded and then turn around and ask for 2 ~. --~~-----'=""'~FTI~~51111U!11l11JI'" ~~~-~ another grant. Mr. deBessonet responded that it was the usual process. The park survey and needs survey and the master park plan would be beneficial to the city in future grant applications. The only thing that will penalize the city is if the TP&WL determined that the city has not drawn down enough money on an existing grant. The TP&WL does not usually do that except after an 18 month's period of time. The City Attorney, Jim Dougherty, came in at this point. Councilmember Bell suggested that the city owns a lot of property onWestpark. The city might be able to move the Operations Department from Milton to the area on Westpark. Metro owns a lot across Westpark from the city's land and perhaps the city would need to buy tha t. ' Mayor Higley asked the City Attorney to explain the restrictions on municipalities concerning the purchase of land. Mr. Dougherty explained that the city would be required to buy land with some public purpose in mind. . Councilmember Watson asked how much money would the city be required to put up and when would it come back. Dave Agerton responded that should the city endorse the plan, when a lot became available to purchase, the city would buy it and send the bill to the TP&WL.Within a period of time the city would get a reimbursement from TP&WL for 50% of the amount. CouncilmemberRedeker thought the city was not obl igated to spend any money until it has a grant. Was that a correct assumpti on. Mr. Agerton responded affirmatively. Mr. deBissonnet explained that the city would submit with the grant application a Certification of Funds stating that the total funds were available. . Mayor Higley recessed the workshop session at 7:30 p.m. to convene the regular session. At 8:20 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley, presiding, Councilmembers Bell, Redeker and Watson. Councilmember Jenkins was absent. Staff members present were the Acting City Manager, City Secretary, Acting Director of Operations, Director of Administration, the Chief of Police and the Superintendent of Util ities. Discussion of the park grant application continued. MayorHigley summarized what had been discussed previously: (a) the city would commit to $500,000; 3 .-.w.\,'~~ "'!T"'-'-'-""~"-~ (b) the Friends would raise $250,000 or actually $183,000 using donations already collected from various sources if the city council decides to develop Colonial Park before JMH; (c) fund raising for park development could include both Colonial Park and JHM. ) Councilmember Redeker stated the point is whether Council wants the Friends to raise money for both parks at the same time. From what she understood to raise money for JMH would not be difficult within the community. The majority of the funds for the Colonial Park expansion would be from sources outside the city. Curtis Cooper informed Council that the city's biggest advantage for a successful grant application was the need assessment survey and the master park plan. If the city does not get the grant, the city may reapply in six months. Council's decision at this point is which site to submit first. Councilmember Watson was in favor of submitting the Colonial Park expansion for the first grant application. Mayor Higley suggested that Council consider making the commitment for the $500,000 grant, but should the Friends fall short of the money raised, City Council would sell off one of the city's properties to reimburse the fund balance. After discussion, motion was made by Councilmember Watson, seconded by Councilmember Redeker, that City Council authorize the application for a grant to the Texas Parks and Wildlife Department for the acquisition of land to expand and develop Colonial Parks, as follows: (a) the amount of the grant application would total $500,000; (b) the city's portion ,would ,be $250,000; (c) $250,000 of the total is to be raised by the Friends of West U Parks for reimbursement to the city, however, the Friends may include the Ignash donation and the donations from water bi II co II ecti ons and the Parks Fund; and (d) should the Friends fall short of their allotted amount, the city would sell off some land to reimburse the fund balance, such spec ifi c parce 1 of 1 and to sell to be dec i ded a t the time of necessity. .J Voting Aye: Mayor Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins Voting No: Absent: DISCUSS AND CONSIDER RESOLUTION EXPRESSING THE POSITION OF THE CITY COUNCIL WITH RESPECT TO THE HARRIS CUUNIY APPKA1::iAL Ul~IRll;l: 4 . 'w'\,9~'1I'l!!'II!'Il1lrrl'!lllltl'l -- - ------.-----.~"..-..~.or!l-';-'""""'"""-'-'-"-f- Mayor Higley presented the following resolution for Council's consideration. RESOLUTION NUMBER 90-08 RESOLUTION EXPRESSING THE POSITION OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, WITH RESPECT TO APPRAISAL DISTRICT HEARINGS WHEREAS, the Harris County Appraisal District ("HCAD") has increased tax valuations in the City by enormous sums for two years in a row; and WHEREAS, it ap,pearsthat only the City and a few other areas received increases of this magnitude, which has led many people to conclude> that the City has been unfairly subjected to selective tax value increases; and WHEREAS,City representatives met and conferred with HCAD representatives to express the City's serious concerns, and, in response , HCAD representatives agreed to hold tax value hearings in the City in July; and WHEREAS, HCAD's commitment to hold the July hearings was made by its Executive Director with the knowledge and consent of the, ~CAD governing body; and WHEREAS, the City 'relied upon HCAD's commitment and has ,publicized the July hearings; and WHEREAS, the City has heard that the HCADgoverning body has unilaterally decided to cancel the July hearings, and worse, that HCAD not only failed to contact anyone with the City before (or after) taking such unilateral action, but also failed to give even the customary public notice that it would consider- taking such action; and WHEREAS, HCAD's precipitous procedure, besides being discourteous,also seems to have been designed to foreclose any public discussionof'the matter, because the failure to give prior notice prevented the City from even addressing the board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST ,UNIVERSITY PLACE, TEXAS: Section 1. The City Council formally expresses its utter astoni shment that the HCAD woul d uni 1 atera lly abrogate its solemn commitment to the people and taxpayers of this area. 5 Section 2. The City Council formally requests and demands that the HCAD board: (1) call a special meeting to reconsider this matter, (2) put this matter on the agenda and give the customary public notice, (3) reinstate the hearings without further delay. Section 3. The City Secretary is requested to deliver an executed copy of this resolution to H~AD at once. ,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, clause, sentence, paragraph, section or other part of this resolution or the application 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 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 upoYlwas 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 conTirmssuch notices and the contents and posti.ng thereof. PASSED AND APPROVED this the 25th day of June ,1990. Voting Aye: Voting No: Absent: Signed: Laura C. Higley, Mayor ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) 6 Motion was made by Council member Watson, seconded by Councilmember Bell, that Resolution Number 98-08 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers BeJl, Redeker, Watson None / Councilmember Jenkins DISCUSS AND CONSIDER RICE BOULEVARD BRIDGE: Acting City Manager Curtis Cooper explained to Council that the city was notified by the State Department of Highways and Public Transportation that from their annual bridge inspection it was determined that the Rice Blvd. bridge structure had deteriorated to the point it was unsafe. It was the highways department's recommendation the bridge be closed immediately. Staff temporarily closed the bridge the morning of June 25th and requests Council 'consider taking formal action to close the bridge until repairs are completed. It was further reported that in correspondence received from the Texas Department' of Highways and Pub 1 i c Transportati on Depal"tment the bids for replacing the Rice Bridge were opened and the low . b,idder was 11% above the estimate. The highway department requested the city send <them a check for $3,313.77 for:the additional expense which will bring the total submitted by the city to $38,629.22 or>20l of the actual project cost of' $193~146.11. This represents the city's share for the bridge replacement. Motion was made by Councilmember Watson, seconded by Counctlmember Redeker, that City Council authorize closing the Rice Bridge until the State Department of Highways and Publ ic Transportation ' complete the replacement<project and authorize the additional expenditure of $3,313.77 for that purpose. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker,Watson None , Councilmember Jenkins DISCUSS AND CONSIDER UNIVERSITY BOULEVARD BRIDGE: The old fence on University Bridge was discussed. On previous occasions Councilmember Bell requested staff to investigate the o.ldfencing on the bridge and determine how to replace it. Council member Bell suggested that cedar fencing and latti(:e work beu~ed to replace the old cyclone fence. After discussion, Council agreed that staff would get prices on wrought iron fencing arid report back to Council on the difference in the cost between the two options. DISCUSS AND CONSIDER AUTHORIZING THE FOLLOWING IN CONNECTION WITH , THE 'TEMPORARY RELOCATION OF UTILITIES AT WAKEFOREST AND WI:S I PARK:. 7 "h..".~.a-. '''''-'''rF'T':~I'Il~ --- l'~JT'T'''''--f'-'"r--- Mr. Cooper explained that the plans and specifications were complete for construction of the WakeforestElevated Storage Tank. However, the electrical lines at that location need,to be temporarily relocated to allow for the construction. Staff" contacted Houston Lighting & Power Company who responded that, upon execution of an agreement between the company and the city, they would relocate the electric distribution facility at a cost to the city of $32,708.00. The money wou 1 d be s pent out of available bond money. Houston Lighting and Power also advised that Southwestern Bell would need to relocate their facilities. The City Attorney was in the process of reviewing HL&P's agreement for approval before it was submitted for signature~ Staff requested Council consider authorizing the following: (a), the Acting City Manager to execute the agreement between the City and Houston Lighting and Power Company to temporarily relocate the overhead distribution of electrical service in the Vicinity of Wakeforest and Westpark; (b) the payment of $32,708 to Houston Lighting and Power for the relocation; (c) the Acting City Manager to negotiate and execute a .similar agreement with Southwestern Bell Telephone to relocate>their communications lines. After discussion, motion was made by Councilmember Bell,secOnded by Councilmember Redeker, that City Council authorize the Acting City Manager to execute the agreement between the city and HL&P to temporarily relocate the overhead distribution of electrical service in the vicinity of Wakeforest and Westpark. Voting Aye: Voting No: Absent: Mayor Hi gley, Counci lmembers Bell, Redeker, Watson None Councilmember Jenkins Mot i on was made by Counc i 1 member Bell, seconded by Counc il member Watson, that City Council authorize the expenditure of $32,708 to Houston Lighting and Power for the relocation. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson None ' Councilmember Jenkins Motion was made by Councilmember Redeker, seconded by Councfl- member Bell, that City Council authorize the Acting City Manager to negotiate and signa contract, approved by the City Attorney, with Southwestern Bell for relocation of their service lines. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker,Watson None Councilmember Jenkins 8 < '. ;'.,;. my; ... ---~-~-~--~--'-------'-----'Oo;=-'-lf"'l~~'--------'- - --- ,-----, -'''--C:''IT'j-c'7"''''--r-- .", DISCUSS AND CONSIDER AUTHORIZING ADVERTISING FOR BIDS FOR CONSTRUCTION OF THE WAKE FOREST ELEVATED STORAGE TANK: Superintendent of Utilities Bob Simpson reported that the plans and specifications were complete for construction of the Wakeforest 500,000 gallon elevated water storage tank. With Council's approval to proceed to relocate the utility service facilities at that location, Mr. Simpson asked Council to consider authorizing staff to advertise for bids for the project. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that City Council authorize advertising for bids for construction of the Wakeforest elevated water storage tank. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell ,Redeker,Watson None Councilmember Jenkins COUNCIL COMMENTS: No member of Council had items for discussion at this time. STAFF REPORT: Curtis Cooper asked for Council's direction on mowing of the medi an on Bi ssonnet. Si nce the Economi c Summit was going;;to be nearby, staff was making an effort to cl ean up all parts of the city. However, the median on Bissonnet, which is in the city of Houston, looked very bad. Mr. Cooper tried to contact the.Houston people responsible for the Economic Summit clean up to see if Houston would mow that median. Houston mowed the median with a brush-hog and tractor and did a very poor job. He determined the median could be properly mowed, edged and swept by a contractor at the price of $1,000. After discussion, it was the conse,nsusof Council to authorize spending the money to mow and edge the median' if Houston would not do it. ADJOURNMENT With no further business to come before Council at this time, Mayor Higley declared the workshop session adjourned at 9:50p.m. 9 -'f~-"-"'~;- .. ..".. , ""'Ol'.___ ~"'-_'..IllL~--..L_ K""-' '--11. .1,:~nmfDlllmm1J1l:F'---- ',f",' 9 ~f(,} 0....0 ~~ l\\: / ~t\. ".,,;.'- ~ c,i..~.' S ,"\'~ .~, .~ ,i' REGULAR CITY COUNCIL MEETING MONDAY, JUNE 25, 1990 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 ,June 25, 1990 ,>wi th the following members present: Mayor Higley, presiding; ,Councilmembers Bell, Redeker and Watson. Councilmember Jenkins was absent. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Acting Director of Operations, and the Chief of Police. Mayor Higley delivered the invocation and led the Allegiance to the Flag. INTRODUCTION OF NEW EMPLOYEES: Police Captain Mark Moultin introduced LeonardSosa ~nd Rudolph ROdriquez, two new officers in the Police Department. 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. Paula Doughty, 3840 Byron, spoke concerning the ordinance requiring sidewalk<repair. She reported how she was injured when she fell on a br6ken sidewalk. She was in favor of an~rdinance requiring sidewalks be, repaired. Mary' Ann Binig, 6634 Va'nderbilt, spoke in favor of the sidewalk repair and replacement program. She, too, had fallen and suffered an injury onabroken sidewalk. 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 Redeker, seconded by Council member Bell, that the consent agenda be approvediin accordance with s-taffrecommendation. .,.VQt:ing Aye: Voting NO: Absent: Mayor Higley, Council members Bell, Redeker, Watson None Councilmember Jenkins ORDINAtfCE RELATING TO BUILDING REGULATIONS: Consideration was given to the first readlngofUrdlnance Number 1373. Mayor Higley read the caption, as follows: .""-"'rIO',I, .I'runmrllll!:"I:'IIIITII,ll" ':1--, 'r '-1 1 ORDINANCE NUMBER 1373 AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES, CONTRACTORS AND RELATED REGULATIONS; 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 1373, 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 Council- member Bell, that Ordinance Number 1373 be accepted on first reading as presented. Mayor Higley invited discussion. Councilmember Bell questioned the provision which required an ' electrician licensed in another city to be required to take a test in West University Place to be licensed to do work in the city. Chief of Police Steve Griffith responded that the Inspection Division was in the process of joining cooperative cities in the' area who will recognize one license. IFan electri~ian is licensed at one city, his license will be recognized by the City of West University Place. The city has a little over 190 licensed electricians. Several cities have the same problem, but by next month there should be in place a mutual agreement to recognize an electrician's license obtained through the cities included in the cooperative agreement. CouncilmemberBell questioned the workman's compensation requirements for small and/or family operations. The City Attorney reported he reviewed the law to see if sole proprietors were excepted from the workman's compensation requirement but could not find an exception. If it later becomes an exception, it would be included automatically. The City Attorney offered one correction to Section 1, Page 1, as fo 11 ows: Section 6-3 fa), (c), insert (d), (f), (g), (h), (i),(J). / Councilmember Bell wanted an exception for homeowners to work on electrical projects at a rent house. l'he, City Attorney advised that the electrical exception is for the homeowner's property only. The Chief of Police responded that a property owner may do carpentry work and other work at the rent house, but not e 1 ectrica 1. 2 J ., L.uL_ .LU_ !... .1., _oh1J ___~ . ____~L.~~. "- '-n- .I. .It1nrmrnlm'r.llllTlr.ll"'---- ---------..-~~-c=--~'n!r~-"O-" lOr Councilmember Bell made the motion that if a person owns the property, can do a proper job and the Inspection Division accepts the work, the property owner may do electrical work at a rent house. The motion died for lack of a second. Councilmember Redeker suggested that the people be educated through city publications of the need to get permits and inspections. The City Attorney explained that this ordinance does not require the owner to be licensed, but the owner would still be required to get a permit. Hearing no further discussion, Mayor Higley called for a vote on the motion. Voting Aye: Voting No: Absent: Mayor ,Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins ORDINANCE RELATING TO ELECTRICITY: Consideration was given to the flrst readlng of Urdlnance Number 1374. Mayor Higley read the caption. as follows: ORDINANCE NUMBER 1374 AN ORDINANCE RELATING TO ELECTRICITY; ADOPTING THE 1990 NATIONAL ELECTRICAL CODE; CONTAINING PROVISIONS RELATING TO ELECTRICAL INSPECTORS AND APPEALS; AND CONTAINING OTHER RELATED FINDINGS AND PROVISIONS. Copies of Ordinance Number 1374, 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 Watson, seconded by Councilmember Redeker, that Ordinance Number 1374 be accepted on first reading as presented. 3 occupied by that person and is not offered for sale, lease or rent, and (it) that person has demonstrated to the satisfacti.on of the chief electrical inspector or his designee that the work shall be done in compliance, with all applicable ordinances. Councilmember Bell recommended Section 4 be amended to include the electrical work could be done by the owner of the rental property. Motion was made by Councilmember Bell that Section 4 (b) be amended to read the work in question was performed completely by a person on his own residence homestead or by the owner of the property. Chief Griffith recommended that-something be added so that commercial property was not included in the exception. Hearing no second to the motion to amend, Mayor Higley announced the motion died for a lack of a second. Mayor Higley called for a vote on the main motion to accept Ordinance 1374 on first reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Redeker, Watson Councilmember Bell Councilmember Jenkins SANITARY SEWER RENOVATION, PRIORITY AREA 3: Consideration was given to Monthly Estimate No. 1 in the amount of $206,577.74 submitted by George M. Construction Company, Inc., for work performed on the project for the period of April 2, 1990 through May 31, 199Q. Motion was made by Councilmember Redeker, seconded by Council- member Bell, that Monthly Estimate No.1 in the amount of $206,577.74 submitted by George M. Construction Company, Inc., for work performed on the Sanitary Sewer Renovation, Priority Area 3 be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins CITY MANAGER SEARCH CONTRACT: Consideration was given to the invoice in the amount of $4,796.90 submitted by Ralph Andersen & Associates for services for the month of June in connection with the search for a city manager. Motion was made by Councilmember Redeker, seconded by Council- member Bell, that the invoice in the amount of $4,796.90 submitted by Ralph Andersen & Associates be approved for payment. Voting Aye: Voting No: Absent: 1986 BOND, PAYMENT: Mayor Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins Consideration was given to the invoice in the .4 amount of $159,725.00 submitted by First City Bancorporation of Texas for interest due on the 1986 Bond Issue. Motion was made by Councilmember Redeker, seconded by Council- member Bell, the City Council approve for payment the invoice in the amount of $159,725.00 submitted by First City Bancorpbration of Texas for interest on the 1986 Bond Issue. Voti'ng,Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins PURCHASE OF POLICE VEHICLES: Consideration was given to authorize payment in the amount of $38,118.24 to Houston-Galveston Area Council for delivery of three 1990 police patrol cars. Motion was made by Councilmember Redeker, seconded by Council- member Bell, that City Council authorize payment of $38,118.24 to the Houston-Galveston Area ~ouncil for the police patrol cars. Voting Aye: Voting No: Absent: PURCHASE OF MINI the invoice Maintenance trailer. Mayor Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins EXCAVATOR AND TRAILER: ,Consideration was given to in the amount of $38,155.00 submitted by American & Rentals, Inc., for delivery of the excavator and Motion was made by Counci,lmember Redeker, seconded by Council- member Bell, that the invoice in the amount of $38,155.00 submitted by American Maintenance & Rentals, Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson None Councilmember Jenkins CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Counc i 1 meetings, as fo 11 ows : (a) City Council Workshop Session, June 11, 1990; (b) City Council Regular Session, June 11, 1990; and (c) City Council Workshop Session, June 18, 1990. Motion was made by Councilmember Redeker, seconded by CounciT- member Bell, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: ~ J Mayor Higley, Counci 1 members Bell, Redeker,Watson None Councilmember Jenkins 5 l~ '="'--'II'-~~l:IIlI!flIIIIl:I:DmI:'~.'-- - - ~'------~~------;-'lrr-r~-'-r""'""r _ ____" ...dd...WJJ.L--""---__ _ __~_.___ .....," COUNCIL COMMENTS: Councilmember Watson reported he saw the new lawn furniture at the pool and he thought it looked great. Councilmember Bell commented he was excited to see the Attorney General's opinion on stop signs and expressed his appreciation to Brad Wright for his assistance in getting the opinion. Mayor Higley remarked that she also was pleased to get the stop sign opinion from the Attorney General. Mayor Higley expressed her appreciation to Councilmember Bell for his persistence to get the sidewalk repairs included in the building regulations. Mayor Higley explained to the audience there was a clause in the new ordinance that requires a property owner to replace the sidewalk if he does major development or major remodeling on the home. "Major development" means the construction of a new principal building or additions to an existing principal building which increase its gross floor area to 150% of more of its gross floor area on April 9, 1990 (or the date it was completed, if completion occurred after April 9, 199). "Major remodeling" was defined as anyone or more alterations of or additions to a building for which a permit or permits are required and which have a collective fair market value of $5,000 or more (collective value of all alterations and additions done at or about the same time). The ordinance was so stated to encourage sidewalk replacements across the city. STAFF REPORT: Acting City Manager Curtis Cooper stated he would give hii staff report in workshop session. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Bell, seconded by Councilmember Watson, that the regular session adjourn to reconvene the workshop session. Such motion carried and the regular meeting was adjourned at 8:15 p.m. 6 .. "' ,;",-, ,."",1.._'" ,.,-.,..~., 11- .1,.J:r.ltnll:rllll:::'lllllll~----._-----'---'-'_..-----'-'~rr-Tr"-'-"r B Q ~o-.. ~m ~rr Q"~ CITY COUNCIL WORKSHOP SESSION MONDAY JULY, 9, 1990 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, July 9,1990, with the following members present: Mayor Pro Tern Bell, presiding; Councilmembers Jenkins and Watson. Mayor Higley and Councilmember Redeker were absent. Also present were the Acting City Manager, City Secretary, Acting Director of Operations, the Chief of Police and the Fire Chief. DISCUSS AND CONSIDER PRESENTATION OF THE DEVELOPMENT PlANS FOR COLONIAL PARK AND JMH PARK SITE Dave Agerton, representing the Parks Board, and John deBissonet, Park Planner for Harris County, presented an update of the park development plans. Mr. Agerton presented the design as it has been developed to date. Within two weeks, the final will be available and presented to Council to be executed for , delivery to the Texas Parks and Wildlife Department. The first draft request will be to expand and develop Colonial Park and the second request will be to develop the JMH park site. Subsequent requests will be for Weir and Judson park development. Mr. Agerton presented the design drawings for Coloni~l Park and pointed out the different aspects of the development. Councilmember Jenkin~ asked if the plans were to incorporate the whole block for park use, why was the whole block not included in the design. Mr. deBissonet explained that all the lots did not have to be shown in the grant application which would allow for more flexibility should Council later want to change the plans. Mr. Agerton explained the grant application would request $700,000 for land acquisition and $300,000 for the development. After the grant is applied for, two appraisals of the available property would be required. The professional design fees are eligible for reimbursement if they are included in the grant application which had been done. Mayor Pro Tern Bell commented the retaining wall on Case at Westpoint was leaning. Could an item such as that be included in the grant application. M~. Agerton responded affirmatively. Mr. Agerton presented the design drawings for the JMH site. Mr. Agerton explained there was a possibility that this site might'be developed without a grant as it was amenable to smaller contributions. Council member Jenkins expressed his concern that, with all the money already spent, he was interested that the parks be completed. Mayor Pro Tern Bell recessed the workshop session at 7:30 p.m., to convene in regular session. At 8:37 p.m., Mayor Pro Tern Bell reconvened the workshop session with the following present: Mayor Pro Tern Bell, presiding; Councilmembers Jenkins and Watson. Mayor Higley and Councilmember Redeker were absent. Staff members present were the Acting City Manager, City Secretary, Acting Director of Operations and the Fire Chief. DISCUSS AND CONSIDER APPROVAL OF NEW-COMERS BROCHURE: Jean Howse and Mary Ann Binig, representing the New-Comers Brochure Committee, presented the updated draft of the New-Comers Brochure for Council IS review. After discussion, Council agreed that the brochure be presented to them for approval before printing. However, the committee would not be required to do so at a council meeting. Council approved printing 500 copies. Plans were that the brochure would be distributed to new residents by members of the Police Department. However, Council agreed that the brochure would be made available from the Finance Department, as follows: Residents Non-Residents $2.00 $5.00 after providing proof of residency. Real Estate agents may be allowed to copy the information included in the brochure for their own uses. DISCUSS AND CONSIDER HARRIS COUNTY AGREEMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: The agreement would allow Harris County to include the population of West University Place as a portion of Harris County's "urban county" application for the Community Development Block Grant Program. The primary benefit to the city would be entitlement of elderly homeowners ina low income bracket to have their houses. rehabil itated to a 1 ivable standard. Traditionally, the city has participated in the agreement with Harris County. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that City Council authorize and approve the city's participation with Harris County in the County's Communit~ Development Block Grant Program. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker 2 .----.------~c--'..,.~IfflI'r~.- ~,.~.."'rl DISCUSS AND CONSIDER REPAIRS TO THE INTERNATIONAL BULLDOZER USED AT THE LANDFILL: The bulldozer was scheduled for regular maintenance in this year's budget at an estimated cost of $8,000 to $9,000. As the repairs were in process, other problems were discovered and authorized for repair. These additional items were necessary to guarantee a good runni ng machi ne for 1 andfi 11 operati ons. However, the addi ti ona 1 i terns brought the tota 1 i nvoi ce submitted by Waukesha-Pearce Industries to $12,344.35. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that Council approve the expenditure of $12,344.35 for repairs to the International bulldozer. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker COUNCIL COMMENTS: Councilmember Jenkins reported the vacant lot next to 6438 Buffalo had sand piled on it. but there had~been no activity for about six months. Acting City Manager Curtis Cooper agreed to investigate the complaint. - Councilmember Jenkins reported a resident's request for a park curfew. Mr. Cooper explained that an ordinance was being drafted to place a curfew for all parks at 11:00 p.m., and the ordinance would be ready for Council's consideration within the next few weeks. Councilmember Jenkins requested police enforcement be increased on unmarked construction vehicles. Chief Griffith agreed. Chief Griffith reported he was working on the railroad clean up project and thought progress would soon be evident. Councilmember Jenkins asked for a list of streets to be included in the Intercity Agreement with Harris County. The City Secretary reported the list of streets for thi s program was received and would be in Friday's packets to Council. Councilmember Jenkins asked for the citizens' response in the "City Currents" be copied for Council. The City Secretary reported that the responses were copied and included but that the number of responses had decreased. Councilmember Jenkins requested the Dincans property be cleaned up. Mr. Cooper reported that the clean up was scheduled for next week. 3 ---~-------..~"'-"-~F""~rr.~~ ~- --~--""T-~T- Councilmember Bell commented the citizen suggestion to move parked police cars around the city was a good idea and should be incorporated into police operations. Councilmember Bell reported a citizens complaint that the garbage bags were not as thi ck and sturdy as they used to be. Acti ng Director of Operations Jerry Burns explained the bags were the same at 1.25 mil. thickness. STAFF REPORT: Acting City Manager Curtis Cooper distributed information for the Texas Municipal League Conference scheduled for October 24-27, 1990. The procedures for reserving hotel rooms were different this year and required a $100 deposit per room reservation. Mr. Cooper suggested Council decide as quickly as possible if they planned to attend so that the appropriate deposit check could be sent with the reservation request. Curtis Cooper reported the City of Bellaire telephoned him and requested consideration be given to allow Bellaire to share the city's landfill space. Bellaire's temporary permit for their transfer station was due to expire very soon. Mr. Cooper did not recommend the City of Bellaire be allowed to use the space at the landfill because it would require, among other things, increased trenching preparations. West University Place did not have enough employees and equipment and the landfill space was needed for thecity's own use. However, Mr. Cooper agreed to keep Council up to date on the issue. Curtis Cooper reported that the 1972 Fire Pumper needed to be repaired at an estimated cost of $3,000 to $4,000. He had authorized the Fire Chief to proceed to have the pumper repaired so that the city would have the appropriate backup equipment. Mr. Cooper reported that a workshop would be scheduled for Monday, July 16, to review technical corrections and other matters relating to the zoning ordinance revisions. Reid Wilson and the City Attorney would review the changes at that time. ADJOURNMENT: With no further business to come before Council at this time, Mayor Pro Tern Bell declared the workshop session adjourned at 9:50 p.m. 4 ~ f 'in ~ "I? REGULAR CITY COUNCIL MEETING MONDAY, JULY 9, 1990 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 9, 1990, with the following members present: Mayor Pro Tern Bell, presiding; Councilmembers Jenkins and Watson. Mayor Higley and Councilmember Redeker were absent. Also present were the Acting City Manager, City Secretary, City Attorney, Acting Director of Operations, Chief of Police, the Fire Chief, Chief Building Inspector and the Superintendent of Utilities. Mayor Pro Tern Bell delivered the invocation and led the Allegiance to the Flag. INTRODUCTION OF NEW EMPLOYEES: The City Secretary introduced Alice Benson, Personnel/Purchasing Manager who began her employment on July 2, 1990. The Chief Building Inspector, Wayne Perry, introduced Robert Stoddard who is the new inspector in the Inspections Division. HEARING OF RESIDENTS: Mayor Pro Tern Bell 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 Pro Tern Bell 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 the follo~ing agenda items be removed from the consent agenda: No. 10, Purchase of Recvclinq Truck. No. 13, Sanitary Sewer Renovation Priority Area 3, and No. 14, Design Development of Parks. CONSENT AGENDA: Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that with the exception of items 10, 13, and 14, the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker ORDINANCE RELATING TO BUILDING REGULATIONS: Consideration was given to the second and flnal readlng of Urainance Number 1373. Mayor Pro Tern Bell read the caption, as follows: ORDINANCE NUMBER 1373 AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES, CONTRACTORS AND RELATED REGULATIONS; 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 1373, in the form required for adoption, were available to all members of City Council and a r~asonable number of additional copies available to interested citizens present. Motion was made by Councilmember Jenkins, seconded by Council- member Watson, that Ordinance Number 1373 be adopted on second and final reading as presented. Councilmember Jenkins ~sked how many pages were in the contractor's registration form prescribed on Page 4 of the ordinance. The City Attorney responded the form consisted of one page. Councilmember Jenkins pointed out three typographical errors on pages 5 and 15. Councilmember Jenkins asked if the requirement for temporary fencing "large qualified street trees ona building site at a distance not less than six feet from the trunk" might be too restrictive. Chief Griffith responded that the inspectors would have to work with the contractors on a case by case basis. It was possible the requirements might be too restrictive. Councilmember Jenkins asked if it would be necessary for the contractor to go before the Building Standards Commission for relief under this requirement. The Chief of Police responded that it would not be necessary. Councilmember Jenkins inquired into the intent of the Curbs, Gutters and Sidewalks Section (h){B) lito replace or repair all previously-existing curbs and gutters along streets abutting the building site, so that such facilities will function like new facil ities and wi 11 appear to be sound". Acting Director of Operations Jerry Burnsrresponded the intent was to keep the water flowing into the streets and to require the contractors to leave the curbs and gutters in good condition when the construction is complete. Councilmember Jenkins asked if the last sentence in Sec. 6-42 (a) did not need an amendment. The sentence reads: "A member who ceases to be a resident of the City shall be deemed to have resigned and may be replaced at any time thereafter but shall 2 continue to serve until the successor is appointed and shall have qualified". Councilmember Jenkins suggested the sentence end after the word "thereafter". Councilmember Watson was in favor of leaving the sentence as written as it reflects the usual and customary language for appointments to a board or committee. Councilmember Jenkins agreed to leave the sentence as written. Hearing no further questions, Mayor Pro Tern Bell called fora vote on the motion to adopt Ordinance Number 1374. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker ORDINANCE RELATING TO ELECTRICITY: Consideration was given to the second and final readlng of Urdinance Number 1374. Mayor Pro Tern Bell read the caption, as follows: ORDINANCE NUMBER 1374 AN ORDINANCE RELATING TO ELECTRICITY; ADOPTING THE 1990 NATIONAL ELECTRICAL CODE; CONTAINING PROVISIONS RELATING TO ELECTRICAL INSPECTORS AND APPEALS; AND CONTAINING OTHER RELATED FINDINGS AND PROVISIONS. Copies of Ordinance Number 1374, 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 Watson~ that Ordinance Number 1374 be adopted on second and final reading as presented. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Counci lmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker ORDINANCE RELATING TO ABANDONING EASEMENT: Consideration was given to the flrst and tlnal reaolng or Ordinance Number 1375. Mayor Pro Tem.Bell read the caption, as follows: ORDINANCE NO. 1375 AN ORDINANCE VACATING AND ABANDONING THE CITY'S INTEREST IN ,A CERTAIN EASEMENT AND RIGHT OF WAY NEAR TANGLEY STREET; APPROVING AND AUTHORIZING THE EXCHANGE OF SUCH INTEREST OF THE CITY FOR A SUBSTITUTE EASEMENT; APPROVING SUCH SUBSTITUTE EASEMENT; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. 3 Copies of Ordinance Number 1375, 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. City Attorney Jim Dougherty explained that there was a substitute ordi nance before Council for adoption. Copies of the substi tute were on the table for citizens' review. The difference was the reference to the right of way and the easement as it was referred to as both in the first document. The city was vacating both of them and that was the reason for the change. This particular property is located on Tangley. The property had an easement across the mid section of the lot. The intent of the city was to have a five foot easement across the back of every lot and the utilities, were installed in the back. The proposed solution was an exchange of an easement at the rear of the lot for the one through the mid section. The expense to the city was estimated at $75.00 for the metes and bounds of the new rear easement. The ci ty di d get anapprai sa 1 for whi ch the owner wi 11 defray the cost. The Quit Claim Deed is to the city's interest in this middle easement. Because it is an exchange of easements, the City Attorney recommended it to the Council. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that Ordinance Number 1375 be adopted as presented on first and final reading. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker HOUSTON-TENNECO MARATHON: Consideration was given to the request from the Houston-Tenneco Marathon Committee for the use of the city's streets for the January 1991 Marathon. John Stokes, 2920 Rice, represented the Marathon Committee and explained that the marathon was scheduled for January 20, 1991. The committee wished to use University Blvd. and Weslayan for the race course as had occurred in the past years. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that City Council authorize the Marathon Committee to use University Blvd. and Weslayan for the Houston-Tenneco Marathon scheduled for January 20, 1991, under the same terms and conditions governing previous marathons. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker PURCHASE DF RECYCLING TRUCK: Consideration was given to staff's 4 "-~t-'-._'I,-llnn,"'I'"m:II1llIIIIJ" --~T"_, recommendation for award of contract to purchase the 27,000 G.V.W.R. Cab and Chassis Recycle Truck. Bids received were as follows: Bidder Net Bid Olympic International Trucks P.O. Box 3050 Houston, Texas 77253-3050 Knapp Chevrolet 815 Houston Avenue Houston, Texas 77210 $26,789.00 $27,589.00 Flowers Motor Co. 5915 Broadway Galveston, Texas 77553-0300 Bayou City Ford Truck Sales 2625 Eastex Freeway Houston, Texas 77026 $27,725.00 $29,898.89 Staff's recommendation was to award the contract to the low bidder, Olympic International Trucks, Inc., at the bid price of $26,789.00. Councilmember Jenkins inquired if the truck was American made. Acting Director of Operations Jerry Burns answered the truck was American made. Motion was made by Councilmember Jenkins, seconded by Council- member Watson, that City Council accept staff.s recommendation and award the contract for purchase of the 27,000 G.V.W.R. Cab and Chassis to Olympic International Trucks, Inc., at the bid price of $26,789.00. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker JANITORIAL SERVICE~ Consideration was given to staff's recommendation for award of contract for janitorial services for the Library Building and the Police Facility. Bid received were as follows: Bidder Net Bid Per Month All Star Domestic Agency 10601 Grant Road, Suite 110 Houston, Texas 77070 $ 1,200.50 5 ,"---:I. -' 11'. L '1IITml~IIflIIII~'-- 1- B&E Building Maintenance 1615 Libbey Drive Houston, Texas 77018 $ 1,225.00 Team Maintenance, Inc. 1434 W. Sam Houston Pkwy N. 100 Houston, Texas 77043 $ 2,069.00 P.A.L.'s Cleaning Service 5903 Cochran Houston, Texas 77009 $ 4,520.00 Staff's recommendation was to award the contract, to the low bidder, All Star Domestic Agency, in the amount of $1,200.50 per month. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that City Council accept staff's recommendation and award the contract to the low bidder, All Star Domestic Agency, in the amount of $1,200.50 per month. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, CouncilmembersJenkins, Watson None Mayor Higley, Councilmember Redeker SANITARY SEWER REPAIR FOR 3800-3900 BLOCKS BYRON AND OBERLIN: Consideration wasglvento the lnVOlce ln the amountot$33,220.00 for work completed on the emergency sewer line repair in the 3800 - 3900 block of Byron and Oberlin. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that the invoice in the amount of $33,220.00 submitted by Channel Construction Co., Inc. be approved for payment. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker SANITARY SEWER RENOVATION PRIORITY AREA 3: Consideration was given to the Monthly Estimate No. 2 ln the amount of,$103,825.15 submitted by George M. Construction Company, Inc., for work performed June 1, 1990 through June 25, 1990. Councilmember Jenkins asked how it was determined the project was 11.35% complete. He questioned the amount of inventory the city was carrying on this contract. Superintendent of Utilities Bob Simpson responded that he had called a meeting with the engineer and the contractor for tomorrow morning. There were problems with the contractor on this project, but staff was keeping track of the inventory of the materi~ ls on hand to make sure that the pipe was there. In the past, 6 -~-- - ----T'---'r..",-rr-lrn~III':I3!fITI"'"F.' " contractors have been allowed space within the city to put the materials. In this particular case, the city did not have the land available. Staff required the contractor to execute an affidavit stating the material belongs to the city. Councilmember Jenkins questioned why the pay estimate stated the amount of time used by the contractor was 24.71%. The contractor claims to have used a quarter percent of the time and also stated the contract to be 11.35% complete. Mr. Simpson responded the percentages are reflected by the way the contract is worded. The contract language may be changed in the future. Mr. Simpson explained that the contract calls for the contractor to have two crews on the job. Staff sent him notices to have him bring in two crews and he has failed to do so. Mayor Pro Tern Bell suggested Council consider tabling the pay estimate until the next meeting. Councilmember Watson agreed that if Council tabled action on the pay estimate, it might inspire the contract to get the second crew on the job. Motion was made by Councilmember Jenkins, seconded by Council- member Watson, that City Council table consideration of Monthly Estimate No.2 until the next council meeting. After discussion, Councilmember Jenkins amended his motion to include that City Council would approve Change Order No. 1 in the amount of $10,500.00 to the George M. Construction, Inc. contract, but to table Monthly Estimate No.2. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker DESIGN DEVELOPMENT OF PARKS: Consideration was given to the invoice in the amount of $8,400.00 submitted by Tapley-Lunow Architects for professional services in connection with the design development of the parks. Councilmember Jenkins expressed concern that the drawings had not been presented to Council. Acting City Manager Curtis Cooper explained that Tapley-Lunow was not finished with all the drawings. The basic design was presented at a meeting held at the Community Building about a month ago. The invoice submitted for Council's consideration at this meeting was a part of the $28,000 appropriated by Council for the design develupment. 7 -'~l~~TIl'!I!1lDlT'T!' ""T-'~'.'-'._...I-- Motion was made by Councilmember Jenkins, seconded by Council- member Watson, that the invoic~ in the amount of $8,400.00 submitted by Tapley-Lunow Architects be approved for payment. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker AUTHORIZATION TO AUCTION OR SELL CITY PROPERTY: Consideration was given to authorize the auctlon or sale or the 1963 Seagraves Fire Department Pumper. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that City Council authorize staff to auction or sell the 1963 Seagraves Fire Department Pumper. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker LEGAL SERVICES: Consideration was given to the invoice in the amount of $5,136.95 submitted for legal services provided on the city's behalf for the month of June 1990. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that the invoice for legal services for the month of June 1990 be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker CITY COUNCIL MEETING MINUlt::i: Consideration was given to the mi nutes of the City Counci 1 meeti ng, as follows: (a) City Council Workshop Session, June 25, 1990; and (b) City Council Regular Session, June 25, 1990. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Mayor Higley, Councilmember Redeker COUNCIL COMMENTS: Councilmember Watson expressed his gratitude that the "kick burglars" had been apprehended. 8 -lr~-"~"''r.'ll1llfl~IJr.m!IITT'1r' , 1- Chief of Police Steve Griffith reported the burglars had been identified. Mayor Pro Tern Bell suggested a resolution be prepared for Corporal Peterson for his participation and contribution to the Special Olympics as the largest fund raiser in the state. Mayor Pro Tern Bell further suggested that Zina Garrison be presented a resolution honoring her performance at Wimbledon. STAFF REPORT: Acting City Manager Curtis Cooper offered to give the staff report in the workshop session. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that the regular session adjourn to reconvene in workshop session. Such motion carried and the regular session was adjourned at 8:27 p.m. 9 .- --~'"~P!"'f"9r.1l1'!l1'~II:':m!IlYT'TI" ----'"""'"1-n='-'-'-'- r ~ ~'tJ 0 n~ 0\ ~ it)' ~tt rr ~~ CITY COUNCIL WORKSHOP SESSION MONDAY, JULY 16, 1990 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,July 16, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, and the City Attorney. DISCUSS AND CONSIDER LETTER PROPOSAL TO METRO: The following was presented by Councilmember Redeker: "STATE OF TEXAS 9 COUNTY OF HARRIS 9 AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared Ms. Janet Redeker . who, being by me duly sworn did depose and say as follows: My name is Janet Redeker. I have a "substantial interest" in the Metropolitan Transit Authority (the "business entity"), 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 consider purchasing a tract of land near the intersection of Westpark and Wakeforest. 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 STATE OF TEXAS 9 COUNTY OF HARRIS 9 BEFORE ME, a notary public, on this day personally appeared Janet Redeker ,known 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. ""p~-r- Given under my hand and seal of office this lQ1b day of July ,A.D., 19~. Is/Audrey Nichols Notary Public, Signature My commission expires: 4-19-93 FILED with me, the official record keeper of the City of West University Place, Texas on this the lQtb day of July ,1989, at ~ o'clock -E-.m. Is/Audrey Nic~ls City Council considered the proposed letter to Metro inquiring as to whether the city might be in a position to negotiate with Metro for the purchase of a parcel of Metro's property on Westpark at Wakeforest. Councilmember Bell suggested the purchase in the event the city's public works facilities would be moved away from the center of the city. After discussion, Mayor Higley suggested Council authorize staff to survey the available land at the location, that already owned by the city and Metro.s parcel, and to report back to Council on the feasible uses of the land. Motion was made by Councilmember Jenkins, seconded by Council- member Watson, that Council accept the Mayor's suggestion and authorize staff to proceed with the survey and investigation into the utilization of the land. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Watson None None Councilmember Redeker Voting No: Absent: Abstaining: REVIEW AND DISCUSS PROPOSED TECHNICAL CORRECTIONS AND RECOMMENDATION RELATING TO THE ZONING ORDINANCE: Reid Wilson, Chairman of the Zoning and Planning Commission, was present. The City Attorney and Mr. Wilson went through the proposed technical changes to the zoning ordinance. After review, City Counci 1 genera llyagreed with the changes. However, Counci 1 recommended the Zoning and Planning Commission consider the Side Street Setback Amendment to apply to lots 51 feet or more in width, rather than 65 feet or more in width. Othe r items rev i ewed were, as fo 11 ows : (1) Zoning map corrections for Lake/Kirby/Tangley/Plumb; 2 (2) Rezoning JMH No.3 to residential; (3) Considering front and side setbacks for lots on the west side of Community Drive north of Bissonnet; (4) Study Long Range Planning Committee's efforts regarding the Kirby Drive Towhnouse District for recommendation to Council; (5) Rezoning the Eastern Star Temple site for townhouse development; (6) Investigate the prior non-conforming status of the All-Shade Building on University at the ditch; (7) Develop methods whereby the city may encourage the sale of the Cellar Door Restaurant property; (8) Location regulations for sexually oriented businesses; and (9) Make recommendation concerning the revision of the definition of single family to reflect the Fair Housing Act Amendments. City Council agreed to hold public hearings on the zoning issues in the month of September. COUNCIL COMMENTS: Mayor Higley reported that David Eisenlohr from Ralph Andersen & Associates would meet with Council at the next regular council meeting Monday, July 23. ADJOURNMENT: With no further business to come before 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 9:30 p.m. 3 -- "':---'--lr'~'''F."mlfl!~lIl'1mmYT'lf- ~ ---- --T""~C"-~ r - ~ ~I(j {}... 0 ~~ cr{ ~~ CITY COUNCIL WORKSHOP SESSION MONDAY, JULY 23, 1990 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, July 23, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager and the City Secretary. DISCUSSION ONLY: AGENDA REVIEW OF REGULAR SESSION AGENDA: Mayor, Higley invited questions concernlng the agenda Hems listed for regular session. The City Attorney arrived at 7:00 p.m. and reviewed the documents in connection with the grant application to the Texas Parks and Wildlife Department. Mayor Higley recommended Council authorize and approve the grant application as presented. Any amendments or changes to the application may be made at a later time. The city retains the prerogative to withdraw the application'at any point before receiving the money. On other matters, Councilmember Bell stated he wished to remove the purchase, of the inserter machine from the consent agenda. Councilmember Jenkins stated he wished to remove items 12, 14 and 15 from the consent agenda. "\ Mayor Higley recessed, the workshop session at 7:30 p.m. to convene in regular session. At 9:40 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker, Watson. Staff members presentwere the Acting City Manager, City Secretary, City Attorney, Acting Director of Operations and the Superintendent of Utilities. ' DISCUSSION ONLY: PARK CURFEW ORDINANCE: The City Attorney presented a proposed ordinance regulating the hours the parks may be used. After discussion, City ,Council agreed they did not want to set a park curfew, but would consider a definitive nuisance violation ordinance pertaining to noise and lighting. The City Attorney agreed to research for the appropriate language. REPAIRS OF WATER WELL #7 ON THE CORNER OF WESLAYAN AT BISSONNET: Superintendent of Utilities Bob Simpson explained the apparent problems with water well #7. Video televising reveale~ a hole in the 20" steel casing at a depth of 390 feet. Both the 10" well column and the 20" casing have a hole approximately 1 to 2 inches in diameter. Two options for repairs were presented. --'~-'-~~JJr.IMfIYI'~-- ..-----.---- , ","nr"" Option 1: Install a swage patch over the hole in the casing and reinstall the pump at an estimated cost of $37,234. Option 2: Install a 16" liner inside the 20" casing and add cement between the new liner and the existing 20" casing to a depth of 710 feet, at an estimated cost of $55,000. Option 2 would be a more permanent repair. Because of the risks involved with option 1, it was staff's recommendation that option 2 would be the most cost effective. After discussion, motion was made by Councilmember Watson, seconded by Counci lmember Redeker', that City Council authori ze staff to proceed with the repairs to water well #7 using the procedures outlined in option 2. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None MATTERS RELATING TO APPOINTMENT, EVALUATION, REASSIGNMENT, DUTIES OF THE BUILDING AND STANDARDS COMMISSION MEMBERS: 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, Section 6252-17, Section 2(g). At the conclusion of the closed session, Mayor Higley reconvened the workshop session. COUNCIL COMMENTS: /No member of City Council had anything further for consideration at this time. STAFF REPORT: Acting City Manager Curtis Cooper had nothing further for Council's consideration at this time. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Watson, seconded by Councilmember Redeker, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 10:20 p.m. 2 .- - '~"----'----~"-'-'--.-,r.~'""l"'l"''''!I'''~n-----------'~ -----l'TTfHj",., '''TU ~fIP Q~ I' Q; ." Q~ ).. ~Oo REGULAR CITY COUNCIL MEETING MONDAY, JULY 23, 1990 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 23, 1990,with the fol1owing members present: Mayor Higley,presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Acting Director of Operations, Fire Chief and Chief of Police. Councilmember Jenkins delivered the invocation and led the Allegiance to the Flag. BARBARA LANCTON OUTSTANDING SWIMMER AWARD: Mayor Higley recognized the recipient of the First Annual Barbara Lancton Outstanding Swimmer Award, Timothy Edwards. Swim Coach Kathy Doughty was present as we 11 as the members of Barbara Lancton r s fami ly. INTRODUCTION OF NEW EMPLOYEES: Fire Chief Terry Stevenson introduced Don Sexton, a new firefighter in the Fire Department. 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. Randy Bull ard, 6536 Buffalo Speedway, expressed hi s wish that Council consider amending the zoning ordinance to allow him to subdivide his property. Maurice Stanton, 3615 Carnegie, reported he protested the tax valuation on his property before the Harris County Appraisal District. Mr. Stanton did not feel the district was acting responsively to the citizens and, in fact, was being unfair to the residents. Mr. Stanton requested CouncilprovidesuppQrt to the residents and consider a liaison person to-work with the appraisal district on the city's behalf. Mayor Higley responded that Council was going to consider emp loyi ng a 11 ai son tax person to represent the city. Ted Eubanks, 2701 Amherst, reported he and his wife had been assaulted in their drive.way and robbed. Mr. Eubanks suggested that crimes of this magnltude should be reported in theUPolice Blotterll .to help people be aware of the dangers of the same thing happening to them. Ms. Aaron, 2723 Amherst, a neighbor of Mr. and Mrs. Euba'nks, asked what was being done about the crimes in West University Place. Mayor Higl ey responded that the IIPol ice Bl otter'iwas originally written to make people more aware of crime problems so that people would take extra precautions. Council began to get reports.that the "Police Blotterll was frightening the citizens. Adjustments were then made to the items listed in the lIPolice Blotter" to respond to both sides. Mayor Higley suggested the residents contact Chief Griffith who would be willing to have neighborhood meetings and discuss ways in which the neighbors may help protect themselves and their property. Virginia Eubanks, 2701 Amherst, reported that the police had not contacted she or her husband about the cr,ime since it happened. Mayor Higley responded that the police staff would provide her with a follow up report. Chief of Police Steve Griffith reported that crime trends seem to be changing. Police are seeing more volatile criminals who are mor~ bold in their actions and less afraid of the police. Chief Griffith suggested he would contact the Eubanks and schedule a neighborhood meeting. ' Marti n Phill ips, 6134 Charlotte, reported he was very concerned about the crimes. Mr. Phillips suggested the residents would like very much to support the police and cooperate with any constructive solutions. Dr. Alvarez, 3014 University, expressed his concerns about the sewer lines beinglocCitedunder trees. He was concerned that tunneling under the trees would damage andk ill the, trees. Superintendent of Utilities Bob Simpson responded the city has done several large projects by boring under the trees and the trees have suffered stress, but they have not died. The boring is at a 7 foot minimum at the shallowest point and the trees have not experienced major damage. Staff consulted with foresters and were advised on the methods to use which will help protect the trees. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Higley invited resldents 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: The following items \'/ere removed from the consent agenda i terns No. 12. Transfer of Funds. No. 13. Purchase of Automatic Inserter Machine. No. 14, San itary Sewer Renovation Priority Area 3. and No. 15, Enqineerinq Services for Various Utility Related Projects. CONSENT AGENDA: Moti on was made by Councilmember Jenkins. seconded by Councilmember Redeker. that with the exception of items 12, 13, 14, and 15, the consent agenda be approved in accordance with staff recommendation. 2 ...._:r:::-=1._ '."__~__'__,____,~_,___ _"r .- ---------.---'''''~.,..."F'''.. ,'~'~.~_.~,. n__.__. . Voting Aye: Voting No: ,Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None 1989 COMPREHENSIVE ANNUAL FINANCIAL REPORT: Rick Shell, representlng KPMG Peat Marwlck, revlewed some of the highligbts of the city's comprehensive report and the new requirements for auditors to fulfill. Mr. Shell reported the financial condition of the city was strong and healthy. KPMG wi 11 issue a management 1 etter to Counci 1 that shoul d be out soon. Members of Council made comments and asked questions concerning the report. Councilmember Jenkins cOlTUl1ented that Table II, General Governmental Revenues by Source, from 1980 to 1989, reflected an average compound growth rate of 10% for taxes making the effective increase in taxes since 1980 at 10% a year. Mayor Higley expressed her appreciation to Mr. Shell for the review of the anrual report. RESOLUTION APPOINTING MEMBERS TO THE BUILDING AND STANDARDS COMMISSION: Mayor Higley presented Resolution Number 90-09, as , follows: RESOLUTION NUMBER 90-09 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 commissions; and WHEREAS, pursuant to Section 54.033 of the Texas Local Government Code, the Mayor and (members of the City Council have contacted qualified citizens to serve on the ,Building and Standards Commission of the City of West University Place, Texas; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Building and Standards Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the following persons be appo~nted to serve~as members of the Building and Standards Commission: 3 Philip C. Lewis, Position 1 John N. Farrell, Position 2, Nicholas J. Aschliman, Position 3 Sharon Mathews, Position 4 Section 2. That the persons hereby appointed to the Building and Standards Commission shall serve for the unexpired term extending through August 31, 1991 and thereafter until their respective successors are duly selected and shall have qualified. Section 3. That the persons hereby appointed to the Building and Standards Commission shall serve without compensation. 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, 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 app 1i cati on' of such 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 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 C-ouncil ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this 23rd day of July 1990. Voting Aye: Voting No: Absent: Signed: Laura C. Higley, Mayor 4 1:..nnffllf'rIll'm!fmf"fF,---- ~r~~"~r ATTEST: Audrey Nichols City Secretary (SEAL) Approved as to Form: James L. Dougherty Ci ty Attorney Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that Resolution Number 90-09 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Hi gl ey, Counci lmembers Bell , Jenkins, Redeker, Watson None None RESOLUTION HONORING CORPORAL MIKE PETERSON: Mayor Higley presented Resolution Number 90-10, as follows: RESOLUTION NUMBER 90-10 WHEREAS, the Special Olympics is an international organization that sponsors athletic events for mentally handicapped young people; and WHEREAS, these evel'Jts are designed for each participant to experience the joys of achievement, self worth and competition in a variety of sports in which mor.e than 20,000 athletes take part; and WHEREAS, the Special Olympics Torch Run is an event where 400 police officers from eight different parts of the State of Texas participate in a three-day run to the State games hosted in San Marcos, Texas; and WHEREAS, Corporal Mike Peterson has participated in the Special Olympics Torch Run for three years; and WHEREAS,Mike Peterson has for the last two consecutive years raised the most money in the State for Texas Special Olympics and this year Mike raised $22,900.00. '. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE,c TEXAS: 5 Section 1. That City Council express to Mi ke Peterson their appreciation for his unselfish and dedicated contributions to this outstanding organization. Section 2. That City Council recognize and applaud Mike Peterson for his continued participation in the Texas Sp,ecial Olympics to benefit these very special athletes. Section 3. That this resolution be spread in full upon the minutes of City Council and that the Mayor be, and she is hereby, authorized to cause to be delivered to Corporal' Mike Peterson a copy of this resolution. PASSED AND APPROVED this the ~ day of July ,1990. Voting Aye: Voting No: Absent: Laura C. Higley, Mayor Buddy Bell, Mayor Pro Tern Jim Jenkins~ Councilmember Janet L. Redeker, Councilmember Bill Watson, Councilmember Attest: Audrey Nichols City Secretary Approved as to Form: James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that Resolution Number 90-10 be adopted as presented.' Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Mayor Higley congratulated Mike Peterson. City Council would have the resolution framed for him. 6 -------...,.,rc,-c~~rr.rr~--- RESOLUTION RELATING TO GRANT APPLICATION: Consideration was given to Resolution Number 90-11. Mayor Higley presented the resolution, as follows: RESOLUTION NUMBER 90-11 A RESOLUTION APPROVING AND AUTHORIZING AN APPLICATION TO THE TEXAS PARKS & WILDLIFE DEPARTMENT FOR A GRANT; APPROVING NECESSARY CONTRACTS AND DOCUMENTS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT R~SOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The City Council appoves and authorizes an application to the Texas Parks & Wildlife Department ("TPWDIJ) for a grant relating to Colonial Park. The City Council also approves and authorizes all necessary contracts and related documents. The Mayor and the Acting City Manager, acting separately or jointly, are each authorized to sign and deliver such application, contracts and documents and to take all other acti on necessary for the proper completion and pursuit of the application. 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 ci rcumstances shall not be affected thereby. Section 6. The City Council officially finds, determines and declares that a sufficient written notice of 7 ,.1 -----"---~r~'T:lrnmJJm1JJfrW' -~-cr.r,,-:'.,--r- the datet hour, place and subject of each meeting at which this resolution was discussedt 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 7. This resolution shall take effect and be in force immediately from and after its passage and s i gn-a ture. Signed: Laura C. Higley, Mayo~ ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty City Attorney (SEAL) Motion was made by Council member Jenkins, seconded by Council- member Bell, that Resolution Number 90-11 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ORDINANCE RELATING TO DEDICATION AND REDEDICATION OF PARK: Consideration was given to the first and final reading of Ordinance Number 1376. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1376 AN ORDINANCE DEDICATING AND REDEDICATING CERTAIN LAND FOR PARKtRECREATIONAL AND OPEN SPACE PURPOSES; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. 8 ~,I " . T---' <IJ -- -- -----~~.,-'lr==T'nr:!mmmmmrrr-,---- '''ir.-,-rc= r- Copies of Ordinance Number 1376, in the form required for adopti on. were avai 1 ab 1 e to a 11 members of City Counci 1 and a reasonable number of additional copies available to interested citizens present. City Attorney Jim Dougherty recommended that the caption be amended to include "and declaring an emergency" and that Section 5 be amended in its entirety, as follows: Section 5. +R;S e~s;Ra~ee sees Ret takeeffeet ~Rt;+ d~+Y ~; ~99h The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed as an emergency measure. and a state of emergency is hereby declared, and this Ordinance is accordinolv oassed as an emerqencv measure. This Ordinance shall take effect and be in force from and after July 1. 1991. Motion was made by CouncilmemberRedeker, seconded by Council- member Bell. that City Council adopt the amendments to Ordinance No. 1376 as stated. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson Councilmember Jenkins None Motion was made by Councilmember Redeker, seconded by Council- member Bell, that Ordinance Number 1376 be adopted as amended. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson Councilmember Jenkins None TRANSFER OF FUNDS: Consideration was given to authorize transfer of funds and amendment to budget accounts as recommended by staff. During the year several secondary contract temporary help have been due to unforeseen circumstances. accounts be amended: salary accounts (overtime, flagged-as requiring adjustments Sta ff reques ted the fo 11 owi ng Division Legislative Executive Account #/Description Amount Source 01-01-00-1099/Cont Temp help $ 300 01-02-00~1099/Cont Temp Help $ 800 Amendment Transfer from Auto Lease Account 9 - - ---~~'-"-:-:l''''',~~~____.._ - -'=r,,,,-,-,.,,-O'T Municipal Cou rt 01-03-00-1025/0vertime $ 4,550 Transfer from Assistant's Salaries Finance 01-04-00-1025/0vertime $ 2,000 Transfer from Cashiers Salaries $30,000 Amendment Police 01-08-00-1025/0vertime 01-19-00-1005/0perational Salaries $ 4,800 Amendment Senior Services Councilmember Jenkins asked-if the $30,000 amendment in the Police Department would make the total for overtime $66,000 for the year. Chief Griffith responded the overtime for the year would be $66,000 and reflected the STEP program plus the fact that the department was two officers short for the first part of the year. The amendment was necessary because the number of hours the officers were required to spend in court was underestimated. CouncilmemberRedeker asked what in the STEP program that was not anticipated. Chief Griffith explained the level of officers who were committed to work were the sergeants and corporals. Mayor Higley asked if we were short two officers for part of the year, does that mean that the salary budget is less? Chief Gri ffi th expl ained that the department had two offi cers short for the first six months of the year which will help make up the balance of the $30,000. CouncilmemberJenkinsstated that previous pol ice department raised the citation revenues and asked if the Police Department was getting the new officers out on the street quickly enough. How long does it take to hire a new officer and get them trained to be out on the street? Chief Griffith responded it takes four months for an officer to be out on their own. CouncilmemberBell suggested Chief Griffith come to the next workshop session and visit with Council about the Police Department. Mayor Higley agreed. Hearing no further questions, Mayor Higley called for a motion. Motion was made by Counci lmemberWatson, seconded by Coun,cilmember Redeker, that the budget amendments be authorized and approved by Ci ty Council. ... Voting Aye: Voting No: Absent: Mayor Hi~ley, Councilmembers Bell, Redeter,Watson Councilmember Jenkins None 10 ~._....==::1 _~_~._----L.C PURCHASE OF AUTOMATIC INSERTER MACHINE: Consideration was given to staff1s recommendatlon tor award of contract to purchase an automatic inserter machine for the Finance Department. Bids received were, as follows: Bidder Net Bid Pitney Bowes 4200 Westheimer, Suite 101 Houston, Texas 77027-4413 American IMS 3420 Woodridge Houston, Texas 77087 $ 7,634.00 $ 8,151.00 A-I Business Machines 5400 Westpark, Suite 245 Houston, Texa 77057 Friden Alcatel 6200 Rothway, Suite 100 Houston, Texas 77040 $10,206.00 $11,584.00 Staff recommended the contract for purchase be awarded to the low bidder, Pitney Bowes, at the bid price of $7,634.00. Motion was made by Councilmember Bell, seconded by Counc.ilmember Watson, that award of contract to purchase the automatic inserter machine be tabled until such time as other options were investigated and the accuracy and capacity of the Pitney Bowes machine can be verified. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None SANITARY SEWER RENOVATION PRIORITY AREA 3: Consideration was given to Monthly l:.stlmate NO. t. in 1:tJe amuunt of $103,825.15 submitted by George M. Construction Company, Inc., for work performed June 1 through June 25, 1990. Councilmember Jenkins asked if the project was 4.5% complete, why was the recommendation to approve paying 11.35% of the contract amount. Bob Simpson responded that the total to the contractor was actually 10.44%. The total includes retainage. Thecity has 98% of the materiali on hand. Councilmember Jenki nsasked if this contract was utility contracts the city has used in the past. consulting engineer Dieter Ufer explained it was contract and the standard in the industry. the same as other Ci ty' s the same 11 Councilmember Jenkins asked why other contractors did not load the city with inventory. Mr. Ufer responded he did not know. Councilmember Bell requested the backup infbrmationconcerning payments include information so Council is aware of all pertinent details. Motion was made by Councilmember Jenkins, seconded by Council- member Bell, that City Council approve for payment Monthly Estimate No.2 in the amount of $103,825.15 submitted by George M. Construction Company, Inc. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: ConSlderatlon ,was glVen to tne 1 nv01 ces to td 1 illY $ll ,989.96, submitted by Langford Engineering, Inc., for work performed as fo 11 ows : (a) Invoice 6170 in the amount of $1,072.81 for Surface Water Line to Milton; (b) Invoice 6171 in the amount of $10,980.91 for Sanitary Sewer Renovation, Priority Area 3; (c) Invoice 6172 in the amount of $4,937.38 for Sanitary Sewer Renovation, Phase 1, Priority Area 4; (d) Invoice 6173 in the amount of $1,550.53 for Water Replacement Priority Areas 2-b; and (e) Invoice 6174 in the amount of $4,448.33 for Wakeforest Water Plant Expansion. Motion was made by Councilmember Watson, seconded by Councilmember Jenkins, that the invoices totaling $22,989.96 submitted by Langford Engineering be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Councilmember Jenkins complimented Mr. Ufer on his . professionalism. 1983 BOND PAYMENT: Consideration was given to the invoice submitted by Flrst Clty Texas - Houston N.A.. in the amount of $102.387.50 for interest due on the 1983 Bond Issue. 12 Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that the invoice in the amount of $102,387.50 submitted by First City Texas - Houston N.A., be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None DESIGN DEVELOPMENT OF PARKS: Consideration was given to the invoice in the amount of $2,800.00 submitted by Tapley-Lunow Architects for professional services in connection with the design development of the city parks. Motion was made by Counci lmember Jenki ns, seconded by Council- member Redeker. that the invoice in the amount of $2~800.00 submitted by Tapley-Lunow Architects be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None SPECIFIC DRAINAGE AT LANDFILL: Consi derati on was given to, Change Order No. 1 in the amount of $2,500.00 included in the total invoice for $47,000.00 submitted by Cagle Construction Co., Inc., for specific drainage work performed at the Landfill. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that Change Order No. 1 be approved and the invoice in the amount of $47,000.00 submitted by Cagle Construction Co., Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CITY MANAGER SEARCH: Consideration was given to the invoice in the amount of $4,607.12 submitted by Ralph Andersen & Associates for services in connection with the search for a city manager. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that City Council authorize payment of $4,607.12 to Ralph Andersen & Associates for services performed in the search for a city manag~r. Voting Aye: Voting No: Absent: ~_.~._L.~ Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None 13 ----""'"'-,.....lr="T':fm~I!IRITI~IFT--------------------<;rr",-,-'.'.,'''I CITY COUNCIL MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, July 9, 1990 ; (b) City Council Regular Session, July 9, 1990; and (c) City Council Workshop Session, July 16, 1990. Motion was made by Councilmember Watson, seconded by Councilmember Bell, that the minutes.be approved as submitted. Voting Aye: Voting No: Absent: # Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None COUNCIL COMMENTS: Councilmember Bell expressed his concern over the crime report. CouncilmemberBell reported that water well #7 had problems and was down for repa ir. In the future, he requested that the members of Council be notified when such an event occurred. Councilmember Bell suggested messages might be left with the dispatcher if it were after hours. Councilmember Redeker suggested that there be some way to measure recycling volume. Staff reports that recycling was increasing, however, there did not seem to be an accurate measure of the volume. Acting Director of Operations Jerry Burns responded that the only way to accurately measure the volume would be to weigh the trucks. The way he determined an increase in recycling was by the truck load. Mayor Higley suggested staff try to find a way to measure the capacity. Perhaps Mr. Burns could give Council an idea of on what his assumptions were based. Councilmember Redeker reported the easement between Poor Farm Ditch and Auden had weeds and high grass which needed to be mowed. After discussion, it was determined the easement belongs to the property owners and they should be contacted to mow it. Councilmember Jenkins asked how often recycling materials were sold. Jerry Burns responded that glass was sold every two weeks , plastics every week, paper is sold every week. Aluminum is sold every week unless the city takes it in more often. Mr. Robert Park, 3752 Plumb, asked to address Council. Mr. Park complained his residence had been without water service since 4:30 this afternoon. His neighbor was also without water. Repeated 14 . . .1....._.,..,.......... ""'w'.J::. ..r_r-:::::l --.--'-.1 . -------~r=r."Fll":!II'!lfl'JI'm!m1I'9T.-,---- tries to communicate with city crews had been unsuccessful and Mr. Park thought the citizens needed better responsiveness from city services. Mayor Higley thanked Mr~ Park for bringing his concern to Council's attention. Superintendent of Utilities Bob Simpson immediately left the meeting to investigate the water service problem as well as the communication problem. STAFF REPORT: Acting City Manager Curtis Cooper had nothing further for Council IS consideration at this time. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that the regular session adjourn to convene in workshop session. Such motion carried and the regular meeting was adjourned. at 9:32p.m. 15 "0 0\,0 /19$1 rh o ~ ;... \t" 'b ~ CITY COUNCIL WORKSHOP SESSION WEDNESDAY, AUGUST 1, 1990 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 8:00 A.M. City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Wednesday, August 1, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present was the City Secretary. MATTERS RELATING TO APPOINTMENT, EVALUATION, REASSIGNMENT, DUTIES, OF THE CITY MANAGER: INTERVIEW CANDIDATES FOR CITY MANA6t~: Mayor Higley recessed the workshop session to go into closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Section 6252-17, Section 2(g). At 5:45 p.m., Mayor Higley reconvened the workshop session. ADJOURNMENT: With no further business to come before Council at this time, Mayor Higley declared the workshop session adjourned at 5:45 p.m. ,I-'^,'j!pf 'l'<"IWl"~ ~:--- ;-r,.~ iT '" "'-'-,r"-111~mr:JmII!IIlJ1F' -----i~T""-"~1 ~ f1\O ~ I ~/J-;) Q.,Q. i' ~tV CITY COUNCIL WORKSHOP SESSION THURSDAY, AUGUST 2, 1990 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, August 2, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the City Manager, City Secretary, and the City Attorney. MATTERS RELATING TO AN ORDINANCE CALLING A JOINT PUBLIC HEARING: Consideration was given to Ordinance Number 1377. Mayor Higley read the caption, as follows: AN ORDINANCE CALLING A JOINT PUBLIC PUBLIC HEARING BEFORE THE ZONING AND PLANNING COMMISSION AND THE CITY COUNCIL IN RELATION TO THE ZONING ORDINANCE OF THE CITY; PRESCRIBING AND APPROVING THE TYPE Ot NOTICE TO BE GIVEN AND THE FORM OF NOTICE; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY: City Attorney Jim Dougherty reviewed the recommended form of notice. Proposed amendments for technical changes not previously discussed were reviewed by the city attorney, as follows: (a) To increase the side street setback on corner lots; and , (b) Lot realignment amendment to add some flexibility to the rules governing realignment of lot lines between adjoining lots. ' Councilmember Bell recommended an amendment be added to change the regulations affecting building space in rear setback areas and accessory quarters. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that Ordinance Number 1377 be amended to include: Changes in the regulations affecting building space in rear setback areas and accessory quarters. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Voting No: Absent: -------~ --~--- --"-"""'-"-lf~"'I!l~IHEIIl!"!BfIIl~--------------------- ------~r="''""''n''T Motion was then made by Councilmember Bell, seconded by Council- member Redeker, that Ordinance Number 1377 be adopted as amended on first and final reading. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Councilmember Jenkins requested the drainage requirements for new construction be discussed at a workshop. MATTERS RELATING TO APPOINTMENT, EVALUATION, REASSIGNMENT, DUTIES, OF THE ~ITY MANAGER: CONSIDERATION OF CANDIDATES' QUALIFICATIONS FUR SELECTION OF CITY MANAGER: Mayor Higley recesses the workshop to convene in closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Section 6252-17, Section 2(g). Members of staff were excused at this point. At 8:00 p.m., Mayor Higley reconvened the workshop session. Motion was made by Councilmember Bell, seconded by Councilmember Watson, that City Council authorize Mayor Higley to contact Michael A. Tanner to offer the position of City Manager to him. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Redeker, seconded by Councilmember Watson, that the meeting adjourn. Such motion carried and the workshop session was adjourned at 8:05 p.m. -- ~F~m~~-'---- --'--:"-r~-"-r is) 0\.0 ~I() ,{ Cj~CJ! Jra- ~ Cb CITY COUNCIL WORKSHOP SESSION MONDAY, AUGUST 13, 1990 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 13, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Jenkins, Redeker and Watson. Councilmember Bell was absent. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Chief of Police, Acting Director of Operations and the Chief Building Official. AGENDA REVIEW - DISCUSSION ONLY: Members of City Council reviewed the items listed on the regular session agenda. Specific questions related to the request to auction public service vehicles, the sanitary sewer renovation project in priority area 3, legal services, and invoices for engineering services. MATTERS RELATING TO PROPOSED PARK HOURS ORDINANCE - DISCUSSION ONLY: The City Attorney presented a draft ordl nance tor l;ounC11 'S review. The ordinance providej:! that it would not be illegal to be in the city parks between the hours of 11:00 p.m. and 5:30 a.m. However, it would be illegal to create a disturbance in the parks - during those hours. The ordinance provided an affirmative defense to prosecution if a person made no noise or engaged in other activity that could disturb the sleep of a person of ordinary sensibilities in any nearby residence. Mayor Higley asked the Chief of Police how comfortable he was to enforce the ordinance as it was written. Did the language give enough guidance to the police department. Chief of Police Griffith responded the ordinance provided the police department with the authority to enforce the curfew if it became necessary. It facilitates the police department to not have to prove the person was mak,ing noi se or di sturbi ng the neighbors. The department would write procedures for enforcement. Councilmember Redeker suggested that staff comm~nicate to the citizens regarding this ordinance by writing an article in the "City Currents" exact,1Y why City Gouncil was enacting the ordinance and what it did not mean. Chief Grifflth suggested the police department write enforcement procedures and submit them to City Council for approval at the same time as the ordinance is submitted to Council for a vote. City Council agreed to proceed with ,the ordinance and to review the enforcement procedures as suggested. l _':!:JH',r "~ ,S ".IJmmn.lI",liIlmnr' '--, MATTERS RELATING TO REAR YARD DRAINAGE - DISCUSSION ONLY: Chief Building Inspector Wayne Perry addressed Council. He explained the existing ordinance provides for retainage walls if a lot elevation is raised more than two inches. It also provides that rainwater be absorbed on the property or conveyed to the street so that it does not drain to the neighboring property. However, with the retaining walls, it might be necessary to address the down spouts so that they do not drain to the neighbors' yards and/or require a drain along the side of the houses at ground level. Three builders were present among whom were Steve Mann, with Lovette Homes and Les Albins, resident and builder. Questions were raised as to how a builder will accomplish getting the water from the backyard to the street if the builders may not raise the rear lot more than two inches. It was suggested that every lot would be a little different and to make a standard solution to the problem might be difficult. Water could be drained to the front if the builders could adjust the grade of the lot so that the water drains to the street. Les Albins, a resident and a builder, spoke in favor of the underground drainage systems and did not think they should be eliminated. However, he agreed the rear lot grade needed to be raised to allow a gravity system to work. ~Co{mcilmember Jenkins expressed his concern regarding drainage pipes going through the curbs. He reported pipes were left protruding out of the curb and were easily broken off and resulted in damage to the curb. It was suggested these problems might be caused by poor workmanship and could be handled on final building inspection. Another builder present thought the temporary drainage requirement to be expensive. The Chief of Police advised that temporary drainage was provided to keep the dirt from the foundation excavation, as well as rainwatert on the constructon site. Mr. Perry suggested City Council consider a combination of solutions to get an answer to the problems such as, if the builder does sloping and grading to the lot, he may also need underground drainage. Mayor Higley recommended, and Council concurred, that the builders present at the meeting give their ideas to Wayne Perry and see if staff can develop a variety of solutions to recommend to Council. Mayor Higley recessed the workshop session at 7:30 p.mwto convene in regular session. At 8:03 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley, presiding; Councilmembers Jenkins, Redeker and Watson, Councilmember Bell was absent. 2 Staff members present were the Acting City Manager, City Secretary, City Attorney, the Chief of Police and the Acting Director of Operations. ~ATTERS RELATING TO PROPOSED JOINT COMPOSTING/RECYCLING AGREEMENT - DISCUSSION ONLY: w. A. Eddy, representing Humusoil Enterprises, presented a proposal for a joint project between his company and the city for a yard waste composting program. The proposed project would' include: (1) The use of the undedicated portion of the landfill site with an option to expand the operations to the dedicated portion when necessary. The plan allows for the city to continue using the landfill operations and closure plan. (2) The city would prepare the site with an all-weather working area, customer sales area and access. (3) Humusoil would maintain all the area used for the recycling project. Portions of the site not utilized by Humusoil would be maintained by the city. (4) Recycling operations would not interfere with monitoring of the landfill by state, county and city officials. (5) The operations of the recycling facility would be the sole responsibility of Humusoil Enterprises. (6) , The city would be exempt from all tipping fees and would receive 25% royalty on all tipping fees charged to other users of the facilities. (7) Contracts and/or agreements would be written to limit the city's legal exposure with regard to the recycling project and limit Humusoil 's legal exposure with regard to landfill operations. (8) Terms of the agreement would be for a maximum of 15 years with appropriate termination clauses. Discussion centered around the undedicated portion of the landfill, the estimated costs to the city and language for termination clauses. Points brought out were that the water table in this particular area is approximately four to five inches below the top of the soil. It was likely that the state and the Environmental Protection Agency would not be interested in this area of the landfill. The project is considered ecologically feasible. City Council decided that Mr. Eddy should have his attorney prepare a tentative agreement stating estimated costs to the city with stated specific terms as to each party's responsibilities and 3 termination clauses that would grant the city some flexibility in the event the joint venture was not successful. Council further decided that staff should investigate the sale value of the l~nd as well as the lease value to assist Council to determine the amount of royalty that would be equitable to the city. City Council suggested the Recycling Committee be informed of the proposed project. MATTERS RELATING TO POLICE DEPARTMENT OPERATIONS - DISCUSSION ONLY: City Council discussed items they wished the Chief of Police to address at a future workshop session. Councilmember Bell left written notice that he was interested in the number of units the city is running and what the officers do in an 8-hour day. . Other items to be included in the report were * Structure of what each officer does and what each person does per shift. * Suggestions on how the city can get more visibility. * Show the crime rate and increase over past years. Show traffic cop vs crime control theory. * Show service programs performed for residents and indicate those implemented since Steve Griffith became Chief. * Show how the career development program is progressing including budgeted expenses. Show how the STEP program is progressing and the money spent. Explain the under-estimated expenses. Council decided that Chief Griffith would submit a written report, cover the high points at the workshop and Council would ask questions. MATTERS RELATING TO APPOINTMENT, EVALUATION, REASSIGNMENT, DUTIES OF THE BUILDING AND STANDARDS COMMISSION MEMBERS: City Council did not go into a closed executive session. All discussion was completed in open session. Applications were reviewed. After discussion, it was unanimously agreed that the following be appointed to complete the Building and Standards Commission: Barnett L. Gershen Carolyn Hodgins Da 1 e Re i d Margaret Williamson M. Drew McManigle Postion 5 Alternate A Alternate B Alternate C Alternate D The resolution making the appointments would be considered at regular session on August 27, 1990. COUNCIL COMMENTS: Mayor Higley suggested a welcoming party for City 4 Manager Mike Tanner and include a congratulatory party for the Tri-Sports teams that have done so well in the play-off games. The party was agreeable to Council. Mayor Higley suggested that the Traffic Committee come up with a definition of lIappropriate engineering studies" for stop sign placement and have the City Attorney review it. City Council concurred with the Mayor's suggestion. STAFF REPORT: Acting City Manager Curtis Cooper distributed information concerning cleanup of the Southern Pacific Railroad behind Community Drive. Workers will be using a bulldozer to remove brush and clear their property. The railroad will grade the right of way to promote proper drainage. Mr. Cooper also distributed an update on repairs to Water Well #7. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Watson, seconded by Councilmember Redeker, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 9:23 p.m. 5 . """~-"""""""",==..~-. ~;; _':""".~. '-'~, l"I'-~~_","i'- "-',-'"-r<>'t"l1'!"!" r;- "."~ [,r . 11" "1111-:lmn .1u.mnrrIP----- .----------~,..,T ~ f1\. 0 ~~ t{ ...~ I)- \?l- 'tf REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 13, 1990 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, August 13, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Jenkins, Redeker and Watson. Councilmember Bell was absent. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Acting Director of Operations, and the Chief of Police. Councilmember Redeker de 1 i vered the i nvoca t i on and 1 ed the All egi a nce 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. Dorothy Reiger,'6516 Brompton, thanked the Mayor and the Chief of Police for their assistance when she experienced problems with the builder two doors down from her. Mrs. Reiger suggested the items residents have the right to object to be published in the II C ity Currents II and the res i dents we educa ted to ca 11 th_e po 1 ice department if problems developed. Mrs. Reiger asked why her water pressure was so low and at times she was without water. Superintendent of Utilities Bob Simpson explained that the city has been operating with less pressure because of the repairs in progress on water well #7. The water pressure was lowered city wide to try to keep usage down while work was in progress at the well. Mrs~ Reiger asked if builders had the right to block the sidewalks while constructing a new home. Mayor Higley explained the builders could use the sidewalk area during construction. 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 agenda items No.9, Sanitary Sewer Renovation, Priority Area 3, and No. 12, Engi neeri ng SerVl ces for Van ous Utlll ty Related Projects, be removed from the consent agenda. ~_.,._,.,....,,",,,,,,,,,,~, CONSENT AGENDA: Motion was made by Councilmember Redeker, seconded by Councilmember Jenkins, that with the exception of items 9 and 12, the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Jenkins, Redeker, Watson None Councilmember Bell PROCLAMATION: Mayor Higley proclaimed the city would participate in the VOTE '90 Campaign sponsored by the Secretary of State1s office. Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that the VOTE 190 Proclamation be approved as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Jenkins, Redeker, Watson None Councilmember Bell AUCTION OF PUBLIC SERVICE VEHICLES: Consideration was given to the request to auction two police department vehicles and one fire department vehicle, as follows: Unit No. 729 128 112 Year 1985 Plymouth 1988 Ford 1984 Chevrolet Mileage 50918 70062 94257 Department Fire, Administration Police, Administration Police, Administration Motion was made by Councilmember Redeker, seconded by Gouncil- member Jenkins, that City Council authorize staff to auction the three vehicles as requested. Voting Aye: Voting No: Absent: Mayor Higley! Councilmembers Jenkins, Redeker, Watson None Councilmember Bell AUTHORIZATION TO ADVERTISE FOR BIDS: Consideration was given to authorize advertislng for bids for the following: (a) Open-bed type truck body to be installed on new Recycle Truck; and (b) Insurance for employee health benefits. Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that City Council authorize advertising for bids for the items requested. ' 2 ---"~;-'r~"!I1'I!IlJ"'~---~----~. -- -TT"!P="r=~ Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Jenkins, Redeker, Watson None Councilmember Bell WESLAYAN LIFT STATION REPAIRS: Consideration was given to Pay Estimate No.1 in the amount of $8,910.00 submitted by A-I Utility and Construction Services, Inc., for pump replacement at the Weslayan Lift Station. Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that City Council approve for payment Estimate No. 1 in the amount of $8,910.00 to A-I Utility and Construction Services, Inc. Voting Aye: Voting No: Absent: Mayor Higley, CouncilmembersJenkins, Redeker, Watson None Councilmember Bell SANITARY SEWER RENOVATION, PRIORITY AREA 3: Consideration was given to Monthly Estimate No.3in the amount of $126,653.10 submitted by George M. Construction Company, Inc., for work performed June 26, through July 25, 1990, on the sanitary sewer renovation project; Councilmember Jenkins questioned if the SDR-25 pipe at $5.24 per foot was a fair price. Staff explained that $5.24 per foot was a good price for the pipe. Motion was made by Councilmember Jenkins, seconded by Council- member Watson, that City Council approve for payment Monthly Estimate No.3 in the amount of $126,653.10 submitted by George M. Construction Company, Inc., for work performed on the Sanitary Sewer Renovation Project, Priority Area No.3. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Jenkins, Redeker, Watson None Councilmember Bell WATER LINE REPLACEMENT PRIORITY AREA 2b: Consideration was given to Monthly Estimate No.1 in the amount of $21,584.00 submitted by RWL Construction Inc., for work performed July 16 th-roughJuly 26, 1990, on the Priority Area 2b water line replacement. Mot i on was made by Counc i 1 member Rede ker, seconded by Counc il- member Jenkins, that City Council approved for payment Monthly Estimate No. 1 in the amount of $21,584.00 submitted byRWL Construction Inc., for work performed on Priority Area 2b Water Line Replacement Project. 3 ","1'''1'"<''''1:''''-.'-' . ,~I "TV' .,-,~ ,." r; - ,I; 17:T---' "" w"--------------c--IF~"1'i1~lllf'lrnITmInf'" '<:1""""1 Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Jenkins, Redeker, Watson None Councilmember Bell LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,603.18 submitted for legal services provided on the city's behalf for the month of July 1990. Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that City Council approve for payment the invoice in the amount of $4,603.18 for legal services for July 1990. Voting Aye: Mayor Higley, Councilmembers Jenkins,Redeker, Watson None Councilmember Bell Voting No: Absent: ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration was given to the invoices totallng $16,424.03 submitted by Langford Engineering, Inc., as follows: (a) Invoices No. 6198 and 6199 in the amount of$96rr.49 and $3,024.00 for Expansion of Wakeforest Water Plant; (b) Invoice No. 6200 in the amount of $878.14 for Priority Area 2b Water Line Replacement; (c) Invoice No. 6201 in the amount of $1,867.66 for Phase 1, Priority Area 4, Sanitary Sewer Renovation; (d) Invoice No. 6202 in the amount of $7,553.32 for Priority Area 3 Sanitary Sewer Renovation; and (e) Invoice No. 6203 in the amount of $2,140.42 for the Surface Water Line to Milton Councilmember Jenkins questioned invoice No. 6198 in the amount of $960.49. Acting City Manager Curtis Cooper explained that the city's standard insurance form used for city contracts became outdated. The State Board of Insurance changed their criteria which caused the city to make amendments. Several meetings were held with the city attorney and the consulting engineer to discuss bringing the city's form in compliance with the new insurance board requirements. Councilmember Jenkins commented there were alot of mark-ups for survey stubs and sub-contractors and asked if Council got copies of those invoices. 4 Bob Simpson responded that every time there is an invoice in regards to a contract service to Langford Engineering Inc~, it is generally attached to the invoice if that work was done within that month. Acting City Manager Curtis Cooper explained if the invoice is for a particular month and the service was done within that month, the sub-contractor's invoice would be attached. Otherwise it would be listed as a line item on Langford's invoice. Hearing no further questions, motion was made by Councilmember Redeker, seconded by Councilmember Jenkins, that the invoices submitted by Langford Engineering Inc., be approved for paYment as 1 i s ted . Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Jenkins, Redeker, Watson None Councilmember Bell AUDIT PAYMENT: Consideration was given to the invoice in the amount of $2,000.00 representing final billing submitted by KPMG Peat Marwick for professional services in connection with the city's financial statements for the year ended December 31, 1989. Motion was made by Gouncilmember Redeker, seconded by Gouncil- member Jenkins, that the invoice in the amount of $2,000.00 submitted by KPMG Peat Marwick be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Jenkins, Redeker, Watson None Councilmember Bell CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, July 23, 1990; (b) City Counci 1 Regular Session, July 23, 1990; (c) City Counci 1 Workshop Session, August 2, 2990; 'and (d) City Counci 1 Workshop Session, August 2, 1990. Motion was made by Councilmember Watson, seconded by Councilmember Redeker, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Jenkins, Redeker, Watson None Councilmember Bell 5 , ----'-,-'",-,...,l"'.r.""l'I.'WI!_~_I""fF---.------- -~'-'-"'l-F'~,-,-,-- COUNCIL COMMENTS: Councilmember Watson expressed his appreciation for the progress the sanitary sewer was making. The ditch up Belmont Street was now paved which greatly improved the environment in his area. Councilmember Redeker reported she was still gathering information on a pilot program to help senior citizens with their taxes but she would be ready to discuss the program at the next meeting. Councilmember Jenkins questioned two checks listed on the check register. The first was a check in the amount of $886.50 for mint fragrance. Superintendent of Utilities Bob Simpson explained it was actually a mint disinfectant for the waste water treatment plant. Secondly, Councilmember Jenkins asked about a check for city stationery and envelopes. He noticed that each department had their own letterhead and suggested there might be a savings to the city if there was one uniform letterhead. Acting City Manager Curtis Cooper reported that the check on the check register represented staff's move to a uniform letterhead. The stationery and envelopes were not only uniform but printed on recycled paper. Mayor Higley reported she recently received a call from a senior citizen who wished to donate money to the Senior Services. The resident wanted a tax exempt vehicle with which to make the donation. Mayor Higley relayed the request to the law firm where she is employed and the law firm agreed and approved to provide the 501-C3 instrument pro bono. She would sub,mit the document for city council approval when it was prepared. STAFF REPORT: Acting City Manager advised Council he would submit the staff report in workshop session. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Redeker, seconded by Councilmember Watson, that the regular session adjourn andc:ouncil reconvene in workshop session. Such motion carried 'and the regular session was adjourned at 7:55 p.m. 6 !~ tf ~~ CITY COUNCIL WORKSHOP SESSION MONDAY, AUGUST 27, 1990 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 27, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Fire Chief, Chief of Police and the Acting Director of Operations. Also present was the new City Manager, Mike Tanner. AGENDA REVIEW - DISCUSSION ONLY: City Council reviewed the items listed on the regular session agenda. It was suggested that the park ordinance reflect all city parks and future park sites. MATTERS RELATING TO RECOMMENDATION FOR CONTRACT ON CONSTRUCTION OF ELEVATEDSTORAGI:. lANK - Ul::il;U~~lUNUNLY: City's Consulting Engineer Dieter Ufer explained that the city recei~ed one bid for construction of the elevated storage tank. Four other bidders received the specifications, but chose not to bid. One obstacle to receiving more bids was the tightness of the construction site. Staff checked with the city attorney to seek guidance on how to handle the one bid. The city attorney's advice was to treat the one bid as if it were one of many. The single bid was opened with the following result: Bidder Amount $824,800.00 Pitt-Des Moines, Inc. 16825 Northchase Drive, Suite 720 Houston, Texas 77060 The bid came in $200,000 over the 1987 total construction cost estimate of $627,000. One reason for the high bid was designed at a time when shrouding of tanks was not a consideration. Since that time, tank blowers have become extremely cautiouS of sand blasting and painting because of possible litigation from the air contamination. The proximity of Wakeforest Street, Westpark and the Jack Roach Ford facilities lends to the complexity of the project being so tight. To shroud the tank during sand blasting and painting caused $100,000 of the overrun. Even though the specifications dictate the use ,of vinyl paint, which is a dry-fall paint, the tanks will need to be shrouded. The other reason for the overrun is the contractor knew he was the only bidder before the bidding deadline. The other part is the ----"-.,---:-'IF'.,.,'~ffII'f!'~.- --~"""--''-'''''r cost escalations that have occurred in the industry. In 1987, the possibility of using the site across the street was studied, but it was determined that it would not be cost effective to do that because of the cost of the land. The city has four options: (1) The city c.ould do nothing. However, the city has made a commitment to meet the demands for water supply and water pressure; (2) Rebid the project as it is which could result in getting no bids or getting a higher bid than the one received. Pitts-Des Moines stated they would not rebid the project should the city choose this option; (3) Redesign the tank on the property to the east; or (4) If Council can find the financing, award the contract to Pitts-Des Moi nes whi ch wi 11 correspond with the time frame to have the elevated storage tank in operation before the next surge of water usage. Director of Administration Donna Sims advised that funds could be made available from the water/sewer retained earnings fund. The city may also have additional funds from capital improvements projects that were completed under budget. After discussion, Councilmember Bell suggested Council table this item when it was open for action during the regular session. It would allow time to contact the contractors and ask why they did not bid. Mr. Ufer suggested that if Council decided to rebid the project, they wait until this time, next year. Mayor Higley recessed the workshop session at 7:30 p.m. to convene in regular session. At 8:25 p.m., Mayor Hi,gley reconvened the workshp session with the following present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Staff members present were, the City Manager, City Secretary, City Attorney, Director of Operations, Director of Admfnistration, Chief of Police, the Fire Chief and the Superintendent of Public Works. MATTERS 'RELATING TO RECOMMENDATION FOR PURCHASE OF INSERTER MACHINE: Director of Administration Donna Sims presented the recommendation concerning the folder inserter machine. The machine was demonstrated at city hall and performed very well. A single person performing the same task manually would require a minimum of fifteen hours per cycle. 2 Costs of a service rates were determined to be, as follows: Cost range per piece Monthly cost Annual Cost $ .02 - $ 120.00- $1,440.00 - $ .05 $ 300.00 $3,600.00 Cost of the machine: Purchase Price Annual maintenance Total cost $7,634.00 $ 600.00 $8,234.00 The city would need same day service in order to continue to provide residents with billings that reflect current payments. Coastal Corporation unofficially offered same day service at $.02 per piece. However, Coasta 1 "had not commi tted to work for the city. Compliance with Section 2-21 of the Code of Ordinances would need to be maintained. Purchase of the equipment would enable the city to prepare many small or one-time jobs more efficiently that would not lend themselves to using a service; such as tax statements, utility friendly reminders, zoning notices, etc. With either option, personnel would not be cut, but thirty collective hours of staff time would be redirected to a better use than stuffing envelopes. It was staff's recommendation to purchase the folder-inserter machine from Pitney-Bowes. However, staff was agreeable to using an outside service at a cost not to exceed $.02 per piece with same day turn-around. The City Attorney advised that, in accordance with the City Charter and Section 2-21 of the Code of Ordinances, Councilmember Bell would be required to submit an Affidavit of Substantial Interest with the City Secretary and also be required to abstain from all discussion and voting on the matter. It was suggested that Ms. Sims document the other items requiring envelope stuffing hours ~nd to calculate those costs. Council further recommended that Ms. Sims pursue a commitment with Coastal for one year or two years. Motion was made by Councilmember Redeker, seconded by Council- member Watson, that the Director of Administration pursue a formal commitment from Coastal for a period of one to two years at $.02 per piece and one day turn-around for utility billing. Voting Aye: Voting No: Absent: Abstaining: Mayor Higley, Councilmembers Jenkins, Redeker, Watson None None Councilmember Bell 3 MATTERS RELATING TO CPR CLUB (FAST AND COOL CLUB) LICENSES AND PERMITS: The City Attorney explained that the CPR Club building was unsuitable for alcoholic beverage service, the site did not have adequate parking spaces and the history of the previous club at that location was on record with the Texas Alcohol and Beverage Commission. After discussion, motion was made by Councilmember Redeker, seconded by Councilmember Watson, that City Council authorize the City Attorney to make formal protest to the Texas Alcohol and Beverage Commission and request denial of the liquor license application. ' Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None MATTERS RELATING TO ENFORCEMENT PROCEDURES FOR PARK HOURS ORDINANCE: City Council reviewed the enforcement procedures for park hour restrictions~nd generally accepted the procedures as presented. It was suggested that all city parks be included as well as future park dedication sites. MATTERS RELATING TO PROPOSED JOINT COMPOSTING/RECYCLING AGREEMENT - DISCUSSION ONLY: William A. Eddy, Humusoil Enterprises, discussed a Letter of Intent prepared by his attorney which stated conditions for consideration should the city decide to enter into a joint venture agreement with his firm. Mr. Eddy introduced Bruce Thornton of Living Earth Technology, Inc., who has merged with Humusoil Enterprises. A question was raised if, after the city's landfill is closed and the city has an agreement to take yard waste to Humusoil operations, the city could be required to take trash to two places. What would the cost be to separate the trash. Other questions addressed the proposed fifteen-year term of the agreement. Humusoil has no track record of charging tipping fees. Fifteen years is a long ti~e and it was proposed that the parties consider a shorter term and some termination clauses so that if Humusoilwas not making an acceptable amount each year, the city can terminate the contract at that time. After further discussion, Mayor Higley recommended: (a) the City Attorney be requested to review the Letter of Intent; 4 r ,_.L:~~T".'L!1's'i;!llIlKr. . .- , .:7:T--::J. (b) a clause be included that Humusoil Enterprises would be responsible for security of the operations; (c) termination clauses stating the city may terminate if Humusoil is not successful; and (d) provide a cap on expenses for improvements the city would provide. Mayor Higley requested staff determine for how much the city could 1 ease or sell the landfi 11. Also determi ne if there woul d be an extra expense should the city close the landfill, separate the garbage and split the dumping to different locations. Member of City Council concurred with Mayor Higley's recom-: mendation. MATTERS RELATING TO APPOINTMENT, EVALUATION, REASSIGNMENT, DUTIES, OF THE TRAFFIt COMMITTEE: City Council agreed the Chief of Police would develop criteria for placing of stop signs for their approval. City Council would review applicants to fill the vacancies on the committee at the next workshop. MATTERS RELATING TO THE HARRIS COUNTY MAYORS, COUNCILS' ASSOCIATION: It was the general consensus of City Council to join the Harris County Mayors, Councils' Association when the dues notice was received in September. COUNtIL COMMENTS: Councilmember Redeker inquired into the status of the building site at 3628 Sunset. The building permit was pulled and a hearing before the Zoning Board of Adjustment scheduled for September 5. Councilmember Jenkins commented on a letter he received from the Harris County Flood Control District which stated the district was not responsible for maintenance of Poor Farm Ditch. Councilmember Jenkins requested staff determine what the city owns and what has been dedicated to whom. STAFF REPORT: City Manager Mike Tanner had nothing further for Council IS consi..deration at this time. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Watson, seconded by Councilmember Redeker, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 10:20 p.m. 5 . . -'.~L ,.~-~-~" ""-,,,~,_.J:::-- .,~ ~--' II , Lll1l1lLlEimDJl:,n"" -'Trr~-.-r=-r- ~ 0-.. 0 ~ , ~ ,0 ~o: REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 27, 1990 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, August 27, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the Acting City Manager, City Secretary, City Attorney, Director of Administration, Acting Director of Operations, the Fire Chief and the Chief of Police. The new City Manager,Mike Tanner, was present. Councilmember Watson delivered the invocation and led the Allegiance to the Flag. HEARING OF RESIDENTS: Mayor Higley invited residents to speak who had matters tney wished to bring to the attention of the City Council which had not previously been submitted to the City Manager. Larry Wiese, 2615 Werlein, was concerned over the status of the street closing plans atWerlein and Kirby. Residents on Werlein were willing to beautify tne closure at their expense. Sonia Myers, on Werlein, offered drawings to be considered asa closure plan. Mayor Higley explained the Long Range Planning Committee's recommendation would be presented to Council in September and Mr. Weise would be notified when the closure came before Council for consideration. Whitt Johnson, 3216 Nottingham, welcomed the new City Manager, Mike Tanner. Ca ro lyn Allen, 6204 Kirby, expressed her concerns over the CPR Club which was seeking approval for a liquor license from the Texas Alcohol and Beverage Commission. The CPR Club was in tne same location as the previous Fast and Cool Club who's clientele caused much disturbance to the residents in the city. Mrs. Allen requested the city's assistance to protest the application. Mayor Higley explained the CPR Club was on the workshop agenda and would be considered at that time. 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: Item No.7, Construction of Elevated Storage Tank, and item No. 13, Harris County Appraisal Distrlct, was removed from the consent agenaa. CONSENT AGENDA: Motion was made by Councilmember Jenkins, seconded by Councilmember Redeker that, with the exception of items 7 an 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 ORDINANCE RELATING TO PARK HOURS: Consideration was given to the first reading ofOrainance Number 1378. Mayor Higley read the caption, as follows: ORDINANCE NUMBER 1378 AN ORDINANCE RELATING TO PARK HOURS AND A CURFEW; 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 1378, 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 requested the ordinance be amended to read all parks and future parks (with the exception of Liberty Hi 11). I he l;lty Attorney agreed to have the language incorporated lnto the ordinance at second reading. Motion was made by Councilmember Jenkins, seconded by Council- member Bell, that Ordinance Number 1378 be accepted on first reading including the proposed amendment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None R~SOLUTION ,1'.PPQINTHIl! MEMBERS TO THE BIIIlDHIG ANn C::TANnARns COMMISSION: Consideration was given to the following resolution: RESOLUTION NUMBER 90-12 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 commissions; and 2 ...'1'11~mw 11,;,lmllll,rr"- r,!'." ""re- WHEREAS, pursuant to Section 54.033 of the Texas Local Government Code, the Mayor and members of the City Council have contacted qualified citizens to serve on the Building and Standards Commission of the City of West University Place, Texas; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Building and Standards Commission. 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 Building and Standards Commission: Barnett L. Gershen, Position 5 Carolyn Hodgins, Alternate A Dale F. Reid, Alternate B Margaret Williamson, Alternate C M. Drew McManigle, Alternate D Section 2. That the persons hereby appointed to the Buil~ing and Standards Commission shall serve for the unexpired term extending through August 31, 1991 and thereafter until their respective successors are duly selected and shall have qualified. Section 3. That the persons hereby appointed to the Building and Standards Commission shall serve without compensation. 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, 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. 3 -....,~ __ _-----r 1["-::. "1"'1]~lIln_lE,mml:Jr ~ --"-~f"""'-co""~r-- ,.=..=...."=",,~.",~. - .. 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 27th day of August , 1990. Voting Aye: Voting No: Absent: Signed: Laura C. Higley, Mayor ATTEST: Audrey Nichols City Secretary ( SEAL) Approved as to Form: James L. Dougherty City Attorney Motion was made by Councilmember Redeker, seconded by Council- member Bell, that Reso luti on Number 90-12 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 Barnett Gershen, Carolyn Hodgins, Dale Reid and Drew McManigle. Margaret Williamson was unable to attend the meeting and will take the oath at a later time. CONSTRUCTION OF ELEVATED STORAGE TANK: Consideration was given to staff's recommendation for award of contract for the construction of the 550,000 gallon pedestal type elevated storage tank. Staff recommended that if finances were available, City Council award the contract, to Pitt-Des Moines, Inc., at the bid price of $824,800.00. 4 cf ,"'-:::-L,l~:::",!',"'~ri ;t.,;~ 1l""l'flI1Wlllfllnrrn"--- ~'nr",~c'C'f _._r Councilmember Bell expressed his concern over awarding a contract with only one contractor bidding. However, he was reluctant to wait a year to rebid the project. Councilmember Redeker suggested Council consider tabling the decision until the City Manager can review the issues to make a recommendation. Councilmember Redeker did not think the project should be tabled with the idea of rebidding. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council table the award of contract for construction of the 500,000 gallon pedestal type elevated storage tank until the next regularly scheduled council me~ting. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CITY MANAGER SEARCH FIRM: Consideration was given to the invoice in the amount of $~.44 submitted by Ralph Andersen & Associates for professional services in connection with the search for a city manager. Motion was made by Counciilmember Jenkins, seconded by Council- member Redeker, that the invoice in the amount of $3,530.44 submitted by Ralph Andersen & Associates be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None DESIGN DEVELOPMENT OF CITY PARKS: Consideration was given to the invoice in the amount of $1,400.00 submitted by Tapley-Lunow Architects for professional services in connection with the design development of the city parks. Motion was made by Councilmember Jenkins, seconded by' Council- member Redeker, that City Council approve for payment the invoice in the amount of $1,400.00 submitted by Tapley- Lunow Architects. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None PURCHASE OF REFUSE BAGS: Consideration was given to the invoice in the amount of $18,069.52 submitted by Houston-Galveston Area Council for the August shipment of garbage bags. Motion was made by Councilmember Jenkins, sec9nded by Council- member Redeker, that City Council approve for payment the invoice 5 J in the amount of $18,069.52 submitted by Houston-Galveston Area Council. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None REPAIRS TO WESLAYAN LIFT STATION: Consideration was given to the final invoice in the amount of $7,590.00 submitted by A-I Utility and Construction Services, Inc., for pump replacement at the Weslayan Lift Station. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that the final invoice in the amount of $7,590.00 submitted by A-I Utility and Construction Services, Inc., be approved for payment. Voting Aye: Voti ng No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None TRI-SPORTS ASSOCIATION: Consideration was given to the invoice in the amount of $5,000.00 submitted by Tri-Sports Association for maintenance of the playing fields for the youth sports program. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that the invoice in the amount of $5,000 submitted by Tri-Sports Association be approved for payment. Voting Aye: Voting No: Absent: \ " Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the invoice in the amount of $7,818.00 submitted by Harris County Appraisal District for the fourth quarter payment in 1990. Motion ,was made by Councilmember Redeker, seconded by Council- member Bell, that Ci ty Counci 1 approve for payment the i nvoi ce in the amount of $7,818.00 submitted by Harris County Appraisal District. Counc i 1 member Bell suggested the i nvoi ce be pa i d with a letter of protest. Mayor Higley suggested the city would not accomplish anything to pay under protest. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None 6 CITY cUUNCILMttrlNG MINUlt::i: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, August 13, 1990; and (b) City Council Regular Session, August 13, 1990. Motion was made by Councilmember Redeker, seconded by Councilmember Bell, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None COUNCIL COMMENTS: Councilmember Jenkins welcomed Mike Tanner to the city. Councilmember Redeker commented that the TML magazine had an article on ways to save money on street lighting and asked if the city used the guidelines stated in the article. Acting City Manager Curtis Cooper responded that the city has a policy that as the street lights burn out, they are replaced with a higher-intensity lights. When all lights are replaced, there might be some savif!gs, but it would not be much. Councilmember Redeker expressed concern over the complaint l~tter which stated the odor at the wastewater treatment plant was bothersome. Mr. Cooper explained that the only place the wastewater treatment plant emitted odors was at the point the sewage goes into the plant. There is no raw sewage being discharged into Braes Bayou. Councilmember Redeker asked the status of the summer assessment survey at Colonial Park. Mr. Cooper replied that when the surveys are complete, they will be made available to City Council. Council member Redeker welcomed Mi ke Tanner to the ci ty. Councilmember Watson asked if the city had sold the old fire truck. Fira Chief Stevenson responded that bids would be opened on September 13, 1990. Councilmember Watson expressed his appreciation to those planting trees in the city and thought they should be commended for providing such a worthwhile project. 7 .- .-..c';.......- ..................,oI.',j.... -;----, ul'_'~""""'>:;' l''"'"jclf't''E, '[":l~ ---1J ---'----'~--p------~-'-,-,-IF~T11ILlIf1[JIll,mnlnr - -~Fc~-~r- STAFF REPORT: Curtis Cooper thanked the members of staff for their assistance during the time he served as Acting City Manager. Mr. Cooper also expressed h.is appreciation to the members of City Council for their support and assistance. Mr. Cooper welcomed Mike Tanner to the City and to the position of City Manager. OATH OF OFFICE TO CITY MANAGER MIKE TANNER: Mayor Higley commented that the unanimous choice of City Council for the person to fill the position of City Manager was Mike Tanner. City Council was impressed with his education, experience, energy and enthusiasm. Mayor Higley welcomed Mike Tanner and asked him to come forward to take the Oath of Office. Mayor Higley administered the Oath of Office to Mike Tanner. Mr. Tanner was seated at the council table. Mr. Tanner commented he felt fortunate to be chosen as City Manager and he looked forward to a long stay with the city. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Redeker, seconded by Councilmember Bell, that the regular session adjourn to reconvene in workshop session. Such motion carried and the regular session was adjourned at 8:20 p.m. 8 L J_. , ,:-:'":':L~l.~ _.__,--~A:., .L.,-,,-;:L~ -~._~- lJ"lI~ll]ILJE;r;muI::rr --------------~,-,-I- ~\\ 0>~ # '} ~cK ~ CITY COUNCIL WORKSHOP SESSION MONDAY, SEPTEMBER 10, 1990 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, September 10, 1990, wi th the fo 11 owi ng members present: Mayor Higley, presiding; Council members Bell, Jenkins, Redeker and Watson. Also present were the ,City Manager, City Secretary, the Director of Operations, Director of Administration, Chief of Police and the Fire Chief. MATTERS ,RELATING TO APPOINTMENT, EVALUATION, REASSIGNMENT, DUTIES OF THE TAX lIAISON REPRESENTATIVE FUR (HI: CIIY: Mr. Bob Jones di scussed with Counci 1 the prospects of serving as a tax liaison person to represent the city on a continuing basis before the Harris County Appraisal District. Items discussed included a tax equalization study and the ability to'collect sales data to use for comparison purposes. The idea of dividing the city into smaller tax neighbdrhoods was presented as a possi bl eremedy to enable the district to more accurately and fairly evaluate the city's residential properties. Cost for a tax liaison person was estimated at $25,000 to do a tax equalization study plus $150.00 an hour for appraisal services. " It was the general consensus of Counc il that perhaps, staff may be able to provide a great deal of the information needed to monitor the appraisal process. The City Manager suggested staff would need two to four weeks to study the situation and develop a plan to provide the type of service and information Council was seeking. AGENDA REVIEW - DISCUSSION ONLY: City Council reviewed the agenda items, listed on the regular session agenda. MATTERS RELATING TO RECOMMENDATION FOR CONTRACT ON CONSTRUCTION OF ELEVATED STORAGE TANK - DISCUSSION UNLY: City Manager Mi ke Tanner presented i nformati on concerning contacts he had made to clarify and explain why the city received only one bid. Problems with the tightness of the construction site was a major issue as it increased the liability on the contractor. It was determi ned tl}at there are only two contractors who I construct the pedestal tank and they are CBI-NaCon and Pitt-Des Moines. CBI-NaCon elected to not bid the project because of safety concerns associated with the construction site. It was the recommendati on of staff to not delay the project and to award the contract to Pitt-Des Moines at their bid price of $824,800. - ------~I.."...1~11:!1II1L1C.c:mu.:nM -~flr'.'="o--.~'n"'l- Mayor Higley recessed the workshop session at 7:30 p.m. to convene in regular session. At 8: 13, Mayor Hlg 1 ey reconvened the workshop sess -1 on with the following present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Staff members present were the City Manager, City Secretary, Director of Operations, Director of Administration, Chief of Police and the Fire Chief. MATTERS RELATING TO THE TEXAS MUNICIPAL RETIREMENT SYST~M - DISCIlSSION ONLY Gary Anderson, representing the Texas Municipal Retirement System (TMRS) reviewed the history of the city's participation in TMRS and answered general questions concerning their investments, stability and outlook. The buy-back provision available by local option was discussed. MATTERS RELATING TO THE RESPONSE TO THE TEXAS MUNICIPAL CLERKS ASSOCIATION NOMINATING COMMITT~~: The Nominating Committee of the Texas Municipal Clerks Association (TfvlCA)} contacted the City Secretary for nomination to Trustee to the TMCA Board. Mayor Higley 'recoinmendedCity Council approve and support the nomination and to notify the Nominating Committee. After discussion, motion was made by Councilmember Redeker, seconded by Counci lmembe,r Watson, that City Counci 1 approve and support the nomination of the City Secretary to the position of Trustee for the Texas Municipal Clerks Association for the coming year. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Redeker, Watson Councilmember Jenkins None Councilmember Jenkins requested a report be given to Council of seminars and conferences attended by the City Secretary. MATTERS RELATING TO THE SISTER CITY AND THE OUTLOOK FOR THE FUTURE: Thi s item was di scussed duri ng the regul ar sess i on uhderHeari ng of Residents. MATTERS RELATING TO APPOINTMENT, EVALUATION, REASSIGNMENT, DUTIES OF THE TRAFFIC COMMITTEE: Mayor Higley recessed the workshop session at 9:17 p.m. to convene ,in closed executive session as authorized by the Open Meetings Act. TEX. REV. CIV. STAT. ANN., as amended, Section 6252-17, Section 2(g). At 9:37 p.m., Mayor Higley reconvened the workshop session. 2 ~==~~ ,- ,-"." .'..-r'n'J:::~ .~--- - ...=:-:-::1 _LC COUNCIL COMMENTS: Councilmembers discussed the Tri-Sports parade scheduled for 10:00 a.m., Saturday, September 15, 1990. STAFF REPORT: The City Secretary distributed information concerning the Zoning and Planning Commission meeting scheduled for Thursday, September 13, 1990 and the Coalition of Cities meeting scheduled for Friday, September 14. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Councilmember Bell, seconded by Councflmember Watson, that the meeting adjourn. Such motion carried and the workshop session was adjourned at 9:45 p.m. 3 - crnT"~",--."".. f ~ J }, f}~ ~Q\ I ~ REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 1990 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 10, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. A 1 so present were the Ci ty Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, and the Fire Chief 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. Dorothy Reiger, 6516 Brompton, thanked Mayor Higley for arranging the pro bono service to prepare a 501-C(3) tax exempt organization for Senior Services. Mrs. Reiger also thanked Councilmember Jenkins for taking the time to look up the cost of pipe for water and sewer line replacement projects. Mrs. Reiger welcomed the City Manager, Mike Tanner, to the city. Mike Parks, 6427 Buffalo Speedway, spoke on behalf of the Francophile Committee and recommended that Linda Swope and Jean Wa 11 ace be appoi nted co-chairs of the committee to replace himself as chair. Mr. Parks requested Council consider assistance to the Francophil e Commi ttee in the form of fi nanci ng the use of the City's fax machine for messages to France and secretarial staff. Mayor Hi gl ey suggested Mr. Parks di scuss the amount of money and secretarial staff time with the Director of Administration. Council would take the request under consideration during the budget process. Mr. Parks requested Council consider placing signs in the entrances to the city acknowledging Saintes, France as the Sister City. The Francophile Committee ,would contribute $300 for that purpose. Mayor Higley advised that City Council would consider the entrance signs. ,,'I , .j "h,J ._~----'--"-~-~r~""f'flf'\lrIrr ,1I"Jmmr-if" -~------ --~---'rTr.=-'-=rrT-- Terry Elizondo, 2723 Sunset, spoke to Council so they would be aware of the student exchange program. There were ten college students who came to West University Place from Saintes this summer. It was extremely successful and the committee plans to expand the student exchange program in the future Jean Wallace, 4120 Oberlin, gave an update on the Sister City participation. Linda Swope, 3036 Robinhood, presented future plans for the ,Francophile Committee. Saintes will send people to West University Place in October 1991 and the committee would request support from the City Council. The committee was considering publishing a newsletter about Sister City activities and would offer the newsletter to the members of City Council. Mayor Higley thanked the Francophi 1 e Commi ttee members for thei r comments and expressed her appreciation for their efforts. Councilmember Redeker thanked the committee members for their work to continue the program. Councilmember Redeker expressed her support of their program. 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 wi shed to speak concerning an agenda item . ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Item No.7, Construction of Elevated Storage Tank, was removed from the consent agenda. CONSENT AGENDA: Motion was made by Councilmember Redeker, seconded by Councilmember Jenkins, that with the exception of item No.7, the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ORDINANCE RELATING TO PARK HOURS: Consideration was given to the second and final reading of Ordinance Number 1378. Mayor Higley read the caption as follows: 2 ......""'",......"'., "I "cre;......, ',-,'n~t;; ~ ""I ;,r U',"Hl11l11lT,lllurnml'lr' ilr .~ AN ORDINANCE RELATING TO PARK HOURS AND A CURFEW; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS ANU PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1378, 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 attention to the amendment to Sec. 16-11(a) which now reads, as follows: (a) A curfew is hereby establ ished each night between the hours of 11:DO PM and 5:30 AM within the following: Colonial Park, Weir Park, Whitt Johnson Park, and Judson Park and all other areas hereafter formally dedicated for park purposes by ordinance duly adopted. I Moti on was made by Counci lmember Watson, seconded by Counci lmember Redeker, that Ordinance Number 1378 be adopted on second and final reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None RESOLUTION RECOGNIZING ZINA GARRISON: Mayor Higley presented for consideration Resolution Number 90-13, as follows: RESOLUTION 90-13 WHEREAS, Zi na Garri son has proven herself successful as the highest-ranked native American woman tennis player in the tennis world today; and WHEREAS, Zina Garrison has performances over the years and successes on the tennis courts; and demonstrated brilliant experienced remarkable WHEREAS, Zina Garrison is the type of player who we 1 comes and with perseverance anti ci pates the competi ti on no matter what tournament in which she is participating; and WHEREAS, Zina Garrison is a spokesperson for the YWCA Tennis Program with a desire to interest and encourage young people in playing tennis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: 3 Section 1. City Council recognizes Zina Garrison for her outstanding success as a top contender in the tennis competition today. Section 2. City Council recognizes and appreciates ZinaGarrison as a resident of West University Place and for her talent and exceptional ability. Section 3. City Council wishes Zina Garrison continued success both on and off the courts and in her new endeavor with the YWCA. Section 4. That this resolution be spread in full upon the minutes of City Council and that the Mayor be, and she is hereby, authorized to cause to be delivered to Zina Garrison a copy of this resolution. PASSED AND APPROVED this the September ,1990. Voting Aye: Voting No: Absent: 10th day of Buddy Bell, Mayor Pro Tern Laura C. Higley, Mayor Jim Jenkins, Councilmember Janet L. Redeker, Councilmember Bill Watson, Councilmember Attest: (SEAL) Audrey Nichols City Secretary Approved as to Form: James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that Resolution Number 90-13 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None 4 ~, . _L" ..'~~~' ,y-~..",.....r;-: ...=:-:::::1. __ ..-...J -------,-c-,..----IR'"'''P.l''Ir.!lI'IEII!1I!l!IIII''!f,-c- CONSTRUCTION OF ELEVATED STORAGE TANK: Consideration was given to staff's recommendation for award of contract for the constructi on of the 500,000 gallon pedestal-type elevated storage tank. After a comprehensive study was completed as to whether the $824,800 bid submitted by Pitt-DesMoines should be approved, it was staff's recommendation to award the bid to Pitt-DesMoines. Councilmember Jenkins questioned the color of paint specified for the tank. City. s Consulting Engineer Dieter Ufer explained that the contract gives the owner the right to choose any color they wish. Motion was made by Counci lmember Jenkins, seconded by Council- member Redeker, that City Council accept staff's recommendation and award the contract to Pitt-DesMoines at the bid amount of $824,800.00. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None 1988 BOND PAYMENT: Consideration was given to the invoice in the amount of $262,556.25 submitted by First City Bancorporation of Texas representing interest due on the 1988 Bond Issue. Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that the invoice in the amount of $262,556.25 submitted by Fi rst city Bancorporati on of Texas be approved for payment. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None -, Voting No: Absent: WATER LINE REPLACEMENT PRIORITY AREA 2b: Consideration was given to the following submitted by RWL Construction, Inc: (a) Monthly Estimate No.2 in the amount of $97,741.70; and Cb) Change Order No. 1 for an addition of $12,708.00 and time extension of 15 Calendar Days. Moti on was made Councilmember Redeker, seconded by Counci lmember Jenkins, that the items submitted by RWL Constructi on, Inc., be approved as listed. 5 Voting Aye: 'Voting No: Absent: LEGAL SERVICES: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Consideration was given to the invoice in the amount of $3,392.99 submitted for 1 ega 1 services provided on the city IS beha lffor the month of August, 1990. Motion was made by Councilmember Redeker, seconded by Council~ member Jenkins, that, City Council approved for payment the invoice in the amount of $3,392.99 submi tted for 1 ega 1 servi ces provi ded in August, 1990. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None PAINTING OF WATER TANK: Consideration was given to the proposal to paint the elevated storage tank on Wakeforest. Motion was made by Counci lmember Redeker, seconded byCounci 1- member Jenkins, that City Counci 1 approve and auth,orize Don S. Reichle & Associates to design, furnish materials, install and maintain a "yellow ribbon and bow II on the city's Wakeforest elevated water tank at no expense to the city provided Don S. Reichle & Associates assumes all liability. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, August 27, 1990; and (b) City Council regular Session, August 27, 1990. Motion was made by Councilmember Redeker, seconded by Council- member Bell, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: .... .'_"<"l'~l__' r;- Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None 6 .----------~~~I"Tf'.-------.----.-------.-----rl'fT-;-".-,-""r-r- COUNCIL COMMENTS: Councilmember Bell suggested that if the signs at the entrances to the city are repl aced to acknowl edge the si ster city, that the city purchase prett i er si gns . Mayor Higley suggested the population be added to the signs as well. Mayor Higley recommended Council discuss the signs during budget meetings. Councilmember Bell reported that at the HL&P rate hearing meeting, District Manager Roy White offered to help procure new street lights for the city. Councilmember Bell expressed his appreciation to Mr. Tanner, Chief Griffith and other staff for their assistance concerning the issues involved in the home construction site on Sunset at Poor Farm Ditch. Councilmember Redeker inquired into a complaint from a resident. Councilmember Redeker reported a huge pot hole on Vanderbi lt and Be 11 a ire. Councilmember Jenkins expressed appreciation for the letter from the railroad specifying the yearly clean-up schedule. Council- member Jenkins suggested staff pursue obtaining a written commitment from -the railroad stating what their responsibility is and when they will take care of it yearly. Chief Griffith responded that the railroad inquired to see if the city would be interested in 1 eas i ng that 1 and for a park area. Under a lease arrangement, the city would maintain it. STAFF REPORT: City Manager Mike Tanner reported the discharge line at the wastewater treatment plant collapsed in the area between the plant and Braes Bayou. There are three parties involved: the Harris County Flood Control District, The Corp. of Engineers and Houston uses it for a jogging trail. There is a juris- dictional question, but staff is working with the County to get the line repaired. ' Mr. Tanner requested a workshop session with council in the near future to discuss goals and objectives for this fall and the next fiscal year. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Jenkins, secQ.nded by Counci lmember Bell, that the regul ar city counci 1 meeting adjourn to reconvene in workshop session. Such motion carried and the regular session was adjourned at 8:10 p.m. 7 ----~._------.~---------",.,----,-IF"""I"~'I'f'..----------------------'---.-'f11-o-,,..,,.,.--,,-'.....-y- ~ $'~ A?>cJ ~ / ~~ JOINT PUBLIC HEARING BEFORE ZONING AND PLANNING COMMISSION AND CITY COUNCIL TUESDAY, SEPTEMBER 18, 1990 COMMUNITY BUILDING AT THE INTERSECTION OF AUDEN STREET AND RICE BLVD. 7:00 P.M. *********************************** The Zoning and Planning Commission and the City Council of the City of West University Place~ Texas, convened in public hearing at the Community Building, at the intersection of Auden Street and Rice Blvd., in the City of West University Place, on Tuesday, September 18, 1990, at 7:00 p.m. with the following members of City Council present: Mayor Laura C. Higley Councilmember Jim Jenkins Councilmember Bill Watson Mayor Pro Tern Buddy Bell Councilmember Janet L. Redeker with the following absent: none, thus constituting a quorum. and with the following members of the Zoning and Planning Commission present: Chairman Reid Wilson Commissioner Bonnie T. Homes Commissioner Susan Rachlin Commissioner Ralph Stivison Vice Chairman George Ruhlen Commissioner Robert Lindsey Commissioner George Ruhlen with the following absent: Commissioner Frank Billings, thus constituting a quorum. Staff members present were: Mike Tanner, City Manager Audrey Nichols, City Secretary James L. Dougherty, Jr., City Attorney Wayne Perry, Chief Building Official Reid Wilson welcomed those in attendance and introduced the members of City Council, Zoning and Planning Commission and city staff. Reid Wilson reviewed the background of zoning in the city and explained the outgrowth of the 1987 zoning ordinance and the 1990 technical corrections. The city adopted the first zoning ordinance in 1937. There was an addition of townhouses and a professional office district in the 1970's but there was little substantive modification to the 1937 ordinance. In the 1980's city officials became aware that the zoning ordinance did not provide the protection from commercial zones. With the increased residential construction, there was concern that the city would lose the "West U" feel. In 1987, after two years of work, the Zoning and Planning presented to City Council recommendations for a comprehensive revision to the zoning " ~ . ---"-~lr=9'fl111I1I~'__II"lmlml ,It _.-~--_.. --~,-- - -, '1'ff'"':,-r,-'n'y- ordinance. A public hearing was held for citizen input, both oral and written, and another review by the Zoning and Planning Commission resulted in a recommendation for the current 1987 zoning ordinance. City Council adopted the ordinance on October 12, 1987. It was anticipated at that time that the 1987 ordinance would require technical corrections within a year or two. The Zoning and Planning Commission has considered technical corrections for the past year and one-half with intensive work in the last six months. The proposals before the community tonight involve the technical corrections as well as zoning map changes. Some of the proposals are substantive, but were included in the technical corrections to conserve time and city resources, and because the Zoning and Planning Commission fe 1 t they were noncontrovers i a 1. Those proposals i nvo 1 ve the Eastern Star property, the JMH No.3 site and the Kirby Drive/Lake/Plumb area. Mayor Higley spoke to welcome those in attendance. Mayor Higley expressed her appreciation to the Zoning and Planning Commission members for thei r work and the extens ive work when they revi sed the zoning ordinance in 1985. Mayor Higley encouraged those in the audience to give their comments concerni ng the zoni ng correcti ons and changes. City Council members and Zoni ng and Pl anni ng Commi ssi on members were all interested in the comments and the comments wou 1 d be cons i dered very seri ous ly before final action would be taken. ,Reid Wilson advised the audience that the joint publ ic hearing was called pursuant to City Council Ordinance No. 1377, passed August 2, 1990. Reid Wilson requested confirmation of joint public notice as required by Ordinance No. 1377 and the Local Government Code of the following: 1. Publication in Houston Chronicle; 2. Publication in City Currents; 3. P~~ting notice in public places in the city; and 4. Mailing of notice to homeowners with property within 200 feet of any property whose zoning classification is proposed to be changed. The City Secretary confirmed that such publications, mailings and posting had been done and certified. Reid Wilson explained that the joint public hearing was a requirement of the Local Government Code prior to amending a zoning ordinance. The Zoning and Planning Commission meetings are all "public meetings" pursuant to the Open Meetings Act. As part of the process for drafting the proposed amendments, the members of the Zoning and Planning Commission met with city staff and solicited input from neighbors, affected property owners and local builders. 2 n.. ~<_..'~"_ ." L .L.. ,~."".. ""-""""''''''_'.1:., ~.,-:::r:=:J. :_ -' '-1~1I11mlLlIITiJIDI[[J::rr . -~---:m~'~~''',,' After the public hearing, the Zoning and Planning Commission would meet to consider input received, making such modifications as are prudent to the proposed amendments. I f the proposed changes are s i gnifi cant, the Zoning and Planning Commission may request another joint public hearing. If not, no additional public hearing would be necessary. The Zoning and Planning Commission ~hall issue a written report to the City Council setting forth specific recommended changes. City Council will cons i der the Zoni ng and Pl anni ng Commi ss i on report and recommended changes and after such del i berati ons as they deem proper, i ncl udi ng additional public hearings if they deem necessary, the Council will pass the amendments. It is anticipated by the Zoning and Planning Commission and the City Council to have the amendments passed and effective by year end. Written comments presented during the hearing shall become part of the record of the heari ng. Maps deli neati ng proposed zoni ng map changes are to become part of the record of the hearing. Also the master copy of the proposed amendments is at a table in the rear of the Community Building. Any typos or grammatical corrections should be noted on the master. The master shall become a part of the record of the hearing. Reid Wilson reviewed the 21 textural amendments and the purpose of each. Mr. Wilson explained the procedure for the hearing. Written questions or comments sheets were available at the door and should be handed in. Typos spelling, grammar should be marked on the "master copy" at the table in the rear. Speakers would be heard first come first serve basis on the number drawn. Speakers should fill out the cards with their name and address and turn them in to the Chief Building Inspector. Presentati ons woul d be 1 imi ted to five mi nutes with the right to go to the end of the line and speak again. The hearing would not conclude until all speakers had been heard. All statements were to be presented to the Zoning and Planning Commission and City Council, not to the audience. The speaker shall sit in the designated location. Each speaker is requested to state his or her name and address before beginning. The public hearing Was for the purpose of receiving input from as many citi zensas possible, therefore, the hearing was not intended as a question and answer session with City Councilor Zoning ,and Planning Commission. Anyone who desired to discuss at length an issue relating to the technical corrections would have the opportunity to do so with any member of the City Councilor Zoning and Planning Commission after the meeting or plan to attend the next Zoning and Planning Commission meeting scheduled for Thursday,October 11, 1990, 7:30 p.m., in City Council Chambers. HEARING OF RESIDENTS Fred Tooley, 6031 Lake, representi ng 191 res i dents, read and presented the following from those who live on Lake Street and the surrounding area: 3 <""'n~5.tUf',",'.rr ~7 ,---. - ---,--------~~lTIlmf~r- '~T ~", , r~ "August 27, 1990 Members of The City Council and Zoning and Planning Commission City of West University Place 3800 University Boulevard Houston, Texas 77005 Members of the Commission and City Council: We, the undersigned residents of Lake Street and other interested citi zens, wi sh to protest the proposed rezoni ng of the block bordered by Ki rby Dri ve, Pl umb Street, Lake Street and Tangley Street. Although we (strongly support the rezoning of the three lots facing Lake Street to strictly residential, we do most strenuously object to the lots facing Kirby Drive being rezoned from the current townhouse zoni ng to a commerci a 1 zoni ng for the fo 11 owi ng reasons: 1. Previous Considerations In the early 1970.s, an architectural and planning firm was commissioned by the City to do 'a study of the Kirby Drive/Lake Street blocks and make recommendations for rezoning. Many thousands of do 11 ars of taxpayers' money was spent on thi s study, and much time and effort was expended by City officials, the Zoning and Planning Commission and interested citizens in order to reach an agreement. All of the reasons which led to the current zontng of these blocks remain valid today. 2. Spot Zoning Successful townhouse developments have been es tab 1 ished on several of the lo_ts affected by the rezoning in the 1970's. Commercial development in place at the time of rezoning remains commercial. If this prior rezoning is adhered to, eventually Kirby Drive will offer more uniformity. If, instead, the City makes arbi trary adjustments in zoning to accommodate every special interest group, the "patchwork quilt" of spot zoning will win out. 3. Physical Restrictions The Pl anni ng and Zoni ng Commi ss i on has determi ned in the past that the property depths of 100 feet offer the same 1 imitati ons to commerci a 1 development as to townhouses or clusterhouses. Site plans indicating various successful arrangements of townhouses or clusterhouses have been presented to the City by 4 ~ '..'~1lTIIflf"OOI'I'flllT"fU TW"" "'I' interested architects and are a matter of record with the City. 4. Crime Our police department understands that when area residents lose all recognition of the comings and goings of people and vehicles, the area experiences a significant crime increase. In addition, these commercial establishments are unoccupied at night and invite criminal activity. 5. Noise and Health Problems Where townhouses have been developed, the adjacent Lake Street neighbors have experienced a significant reduction in the incredible noise of Kirby Drive. Rezoni ng to commerc i a 1 may well bri ng the noi se to their backyards. In addition, sewer lines are shared by Lake Street and Kirby Drive. Commercial usage of these lines and residential usage are incompatible and cause blockages which resulti n the overflow of raw sewage at manholes. 6. Traffic and Parking Where commercial development does exist along the Kirby frontage, traffic and parking along adjacent residential streets has been adversely affected. Although parking may be at a premium for townhouse lots, commercial traffic and parking is several times worse. 7. Precedents We consider it unrealistic to believe that the proposed rezoning to commercial would be limited to the block in question. To remove the finger in the dike would most certainly enable the next block to achieve rezoning, and the next, 'and the next. The Commission must consider the ultimate ramifications of a zoning change on anyone of the Kirby blocks. 8. Fairness Any citizen who has purchased property in the Lake Street/Kirby Drive area since 1973 has the right to expect that the City will remain a residential city and that the problems of Houston will not be delivered to their back door by elected West University offi ci a 1 s. New residences have been bui lt whi ch may not have been built, had the Kirby Drive frontage been zoned commerci a 1. Townhouse owners have the ri ght to expect the City to ho 1 d a commitment and not convert 5 ------,- -~r='l'flmmmmmrJrnn - -"l'1f,,,~"r7~TrF successful developments into an undesirable situation. In short, we depend on our City officials to use good judgment in these matters and consider what is fair and best for the City as a whole. We, the peti tioners, respectfully submit our names in protest to thi s considered rezoning:" Mr. Tooley presented the petition to Reid Wilson. Carolyn Hodgins, 3920 Arnold, spoke concerning driveways and the fact that there is nothing specific on regulating the approaches to driveways. The apron or approach to driveways often goes beyond the property 1 i ne. Mrs. Hodgi ns was not concerned about the dri veway approaches being flared so long as they did not extend beyond the property line. Les Albins, 3812 Southwestern, chose not to speak at this time. J. F. White, 4002 Browning, spoke on behalf of the Eastern Star Temple. Mr. White is on the Board of Directors for Eastern Star and voiced the approval of the board, and himself individually, of the proposed rezoning of the site to townhouse development or PDD-TH4. Dorothy Reiger, 6516 Brompton, spoke against the construction of circular drives and stub drives on corner lots. Mrs. Reiger also expressed her concern over the lack of protection of trees and questioned the ability to enforce the driveway amendment (Tab 12). Theresa Fogler, 3610 Sunset, expressed her concern that the language be clear as to what constitutes a building site. The language should state a building site consist of a minimum of fifty feet of a usable site or unencumbered space. Ms. Fogler questioned that there was no notice requirement to neighbors when lots are presented for subdivision. Without notification, there was not opportunity to protest the proposed subdivision. Ms. Fogler suggested the definition of a one-half story be changed so that a one-half story residence appears as a one-half story and not a three-story house. She recommended the one-half story definition be changed from 60% of the size of the floor beneath to being under a sloping roof line. Ms. Fogler suggested that the requi rement for a ten-foot of open space on the side for a porte cochere be applied to the area facing the street as well. H. L. Britton, 3609 Ablans, stated he was a member of City Council when the zoning ordinance was adopted in 1987. He voted against it at that time even though he thought it was in general a good document. The Zoning and Planning Commission had not reconciled some issues and the result was it was confusing for the staff to enforce the ordinance. Mr. Britton urged that cons i dera ti on be gi ven to keepi ng the 1 anguage simple and easily interpreted. Mr. Britton pointed out several sections that he felt were reduced to legalese. For instance it took four pages to describe a garage and dri veway. Why e 1 imi nate specifics? Leave explanations clearly stated with clear definitions. 6 Mr. Britton suggested that the list of qualified trees be posted in City Hall and published in the City Currents. Lisa Groten, 5901 Fordham. agreed with Mr. Tooley and was not in favor of rezoning the Kirby Drive/Lake/Plumb area to Commercial. She suggested better communications and public information. Brian Hughes, 6132 Lake, was concerned about any change in zoning that would add to traffic on that part of Kirby. Denise Seamens, 4203 Swarthmore, did not think the proposed side setback on corner lots would be in the best interest of the city. She thought it would erode some of the tax base of the city. (Tab 4) Joan Dusard, 6004 Lake, spoke against rezoning from townhouse to commercial on Kirby. James A. Reichert, 835 Kuttman Road, co-owner of the Shipley's Doughnut Shop-at 5800 Kirby, spoke to encourage rezoning that portion of Kirby , from townhouse to commercial. Jerry Kerbow, 2630 University, agreed with the first speaker who spoke against rezoning on Kirby Drive. Steve Toomey, 6634 Rutgers, was not in favor of totally abolishing home occupations or limiting basketball goals. Mr. Toomey was in favor of keeping West University Place as it was and not in favor of trying to stop everything. Mr. Toomey was not in favor of commercial zoning on Kirby. Peggie Cannon, 2703 Sunset, pointed out that she was told years ago that the city would have an agreement with the management of a commerc i a 1 pa rce 1 on Ki rby at Sunset. The agreement wou 1 d not a 11 ow ingress and egress from the commercial establishment on Kirby onto Sunset. However, no one remembers anything about the agreement. Ms. Cannon stated her property was devalued because of the commercial impact. She was not in favor of rezoning Kirby to commercial. (Tab 4) Jim Doan, 381~ Ruskin, wanted an explanation of the proposal to restrict his use of the land on his corner lot. (Tab 4) Diane' Dahlem, 6120 Lake, was not in favor of changing the zoning on Kirby to commercial. If it is changed, there will be parking on Lake, crime will increase and traffic will increase. Paul Gloriod, 2615 University, was not in favor of rezoning the area on Kirby to commercial. Kirk Groten, 5901 Fordham, questioned why the rezoning was being considered at all. He did not know of any resident homeowners who were in favor of the changes. Mrs. Rosenberg, 5902 Lake,' with Village Association, stated from her experience with the Village Association, crime would increase if the 7 " '1"-I"-':II'I"fffllF'rllll'~'~:r' n__ ~~-"~ I zon i ng on Ki rby was changed to commerc i a 1 . Mrs. Rosenberg was not in favor of the rezoning. Joan McCay, 3029 Carnegie, suggested the amendments needed a definition of "corner lots" and "ratating corner lots". Also, the ordinance needed to define home occupati ons. Ms. McCay suggested the Zoning and Planning Commission consider redefining pervious material to remove swimming pools from that classification. Ms. McCay did not agree with the qualified tree ordinance. Ms. McCay suggested that the amendments relative to corner lot should require specific setbacks. Anything built on a corner lot must line up with building lines of other streets. Ms. McCay stated she would like to sign the petition for the people on Lake Street. Jay Rosenberg, 5902 Lake, stated he was not in favor of rezoning the area on Kirby to commercial. He was concerned for the safety of the neighborhood. Jeff Horshell, 2733 Wroxton, stressed he was not in favor 'of rezoning Kirby to commercial. (Tab 4) Connie Collin, ?630 Tangley, a non-resident property owner, spoke against rezoning of Kirby to commercial. She was interested in maintaining the integrity of West University Place. Fred Tooley, 6031 Lake, commented there had always been a commitment and consistency to support single family homes. It has been a tradition in the city. Mr. Tooley felt the city was in a state of flux and urged the Zoning and Planning Commission and City Council to be very careful about changing. Les Albins, 3812 Southwestern, suggested another meeting should be held for more explanation of each amendment. Reid Wilson advised that there was a Zoning and Planning Commission meeting scheduled for October 11, 1990, 7:30 p.m., in Council chambers. Anyone who would like to attend would be welcome. At that meeting the Zoning and Planning Commission would review the input from the public hearing, both written and oral. Hearing no further questions or comments, Mayor Higley thanked those present for attendi ng and for thei r i nvo 1 vement. Ci ty Counc il and the Zoning and Planning Commission members are always available for citizen input. City Counci 1 meets on the second and fourth Mondays of each month and citizen comments and questions are always welcome. Zoning and Planning Commission will make their report to City Council. Final consideration would be for Council action. That will be posted when it is on the agenda three days ahead of time. You are welcome to call city hall at any time and ask if something is on the agenda, so you don't have to be running to City Hall to see. The Zoning and Planning Commission meetings that are public and you are invited to attend. City Council would consider each issue separately. This was not a packaged deal. 8 Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that a 11 comments, questi ons, wri tten submi ss ions, noti ces, tape recordings and maps be adopted as a part of the record of this hearing tonight. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Motion was made by Commissioner Lindsey, seconded by Commissioner Rachlin, that all comments, questions, written submissions, notices, tape recordings and maps be adopted as a part of' the record of thi s hearing tonight. Voting Aye: Voting No: Absent: Commissioners Wilson, Lindsey, Holmes, Rachlin, Ruhlen, Stivison None Commissioner Billings Written submissions received were as follows: 1. 'Markup of the proposed amendments received from Dick Ayers. 2. Written submi ss i on from James A. Rei chert, owner of Shipley's Doughnut tract, supporting the Kirby rezoning. 3. Letter from Carolyn Covell and Herb Ayala, 6016 Lake Street, opposing the Kirby rezoning. 4. Petition opposing Kirby rezoning. 5. Written submission from Francine Doan, 3819 Ruskin, opposing the side street setback amendment (Tab 4). 6. Written submission from Paul S. Engle, 2647 Amherst, opposing Kirby rezoning. 7. Written submissi~n from Sterling Minor, 3406 Albans, opposing side street setback amendment (Tab 4) and suggesting a uniform 10' ~ide street setback for all lots. 8. Written submission from Carolyn Hodgins, 3920 Arnold, regarding curbs. 9. Memo from Di xi e We 1 don, 3824 Un i vers ity , supporting the JMH rezoning but opposing use of the site for park purposes. 10. Written reports from city staff showing compliance with notice requirements. 11. Maps showing proposed graphic changes to the zoning map and proposed changes in zoning district boundaries. 9 ;1 -------,----.-~,f''3J~l1ll~' - Tr' ~OT 12. Master "Mark Upll of the proposed amendments showing spell ing, typos and grammatical comments. Reid Wilson invited anyone who would like to come forward and speak to those on the Zoning and Planning Commission and City Council, to please do so. Reid Wilson declared the joint public hearing adjourned at 8:35 p.m. 10 ~ f' r "-.n ,.".., I "-," natto exceed the estimated cost of the construc- tion or installation of the facilities; (3) be executed v'ith sureties as may he ap- proved by the governing body; (4) be executed by a company authorized to do business as a surety in this state if the governing body requires a surety bond executed bya corpo- rate surety; and (5) be conditioned that the water and sewer service facilities will be constructed or installed: (A) in compliance with the model rules adopted under Section 16.343, Water Code; and (B) within the time stated on the plator on the document attached to the plat for the subdi- vision or within any extension of that time. (c) In lieu of the bond an owner may deposit cash, a letter of credit issued by a federally insured financial institution, or other acceptable financial guarantee. (d) If a letter of credit is used, it must: (1) list as the sole beneficiary the presiding officer of the governing body; and (2) be conditioned, that the water and sewer service 'facilities will be constructed or installed: (A) in compliance with the model rules adopted under Section 16.343, Water Code;, and (B) within the time stated on the plat or on the document attached to the plat for the subdi- vision or within any extension of that time. Acts 1989, 7lst Leg_,ch. 624, ~ 3.01, eff. Sept. 1,1989. ~ 212.011. Effect of Approval on Dedication (a) The approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the municipality any duty regarding the maintenance or improvement of any dedicated parts until the appropriate municipal authorities make an actual appropriation of the dedicated parts by entry, use, or improvement. (b) The disapproval of a plat is considered ,a re- fusalbythe municipality of the offered dedication ,indicated on the plat. Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. (b) On the approval of a plat by the municipal authority responsible for approving plats, the au- thority shall issue to the person applying for the approval a certificate stating that the plat has ,been reviewed and approved by the authority. (c) On the written request of an owner of land. an entity that provides utility service, or the governing body of the municipality, the municipal authority responsible for approving plats shall make the fol- lowing determinations regarding the owner's land or the land in which the entity or governing body is interested that is located within the jurisdiction of the municipality: (1) whether a, plat is required under this sub- chapter for the land; and (2) if a plat is required, whether it has been prepared and whether it has been reviewed and approved by the authority. (d) Tlle request made under Subsection (c) must identify the land that is the subject of the request. (e) If the municipal authority responsible for ap- proving plats determines under Subsection (c) that a plat is not required, the authority shall issue to the requesting party a written certification of that de- termination. If the authority determines that a plat is required and that the plat has been prepared and has been reviewed and approved by the authority, the authority shall issue to the requesting party a written, certification of that' determination. (f) The municipal authority responsible for ap- proving plats shall make its determination within 20 days after the date it receives' the request under Subsection (c) and shall issue the certificate, if ap- propriate, within 10 days after the date the determi- nation is made. (g) If both the municipal planning commission and the governing body of the municipality have authority to approve plats, only one of those entities need make the ,determinations and issue thecertifi- cates required by th~ section. (h) The municipal authority responsible for ap- proving plats may adopt rules it considers necessary to administer its functions, under this' section. ~ 212.0115. Certification Regarding Compliance With Plat Requirements Acts 1989, 7lst Leg., ch. 1, ~ 46(b), eff. Aug. 28, 1989. (a) For the purposes of this section, land is con- Amended by Acts 1989, 7lst Leg;, ch. 624, ~ 3.03, eff. sidered to be within the jurisdiction of a municipali- Sept. 1, 1989. 292 Mr. Reid Wilson Zoning and Planning Commission Municipal Building 3800 University Blvd. Houston, Texas 77005 Re: Proposed Rezoning of Kirbv Drive Dear Mr. Wilson: We are writing to express our concern about the proposed zoning change from Townhouse District to Commercial District on Kirby Drive between Tangleyand Plumb. We purchased our home in West University one block off Kirby because we liked the quiet residential nature of the neighborhood and the fact that West U has zoning laws to protect that residential character. We are very upset about the possibility of rezoning on Kirby Drive to permit more intensive commercial uses. We are concerned about the negative effects that such a rezoning of Kirby will have on, Lake Street and adjoining streets: increased traffic (excessive traffic on Lake is already a problem), increased parking on residential streets, more noise, more nonresidents loitering in the neighborhood, more crime, more problems with sewers and rodents. The Village area across from this block of Kirby has always been commercial, and the area to the south on Kirby has always been residential. The townhouse district zoning serves as a good buffer between these commercial and residential areas. The current townhouse zoning classification allows the small shops presently located on Kirby between Tangley and Plumb to remain in business, since they are grandfathered under the current zoning. This zoning classification also protects the neighboring West U residents from any more intensive commercial uses of this block, and insures that any major redevelopment of this block will be residential (townhouses) rather than commercial in nature and therefore more in keeping with the adjacent residential areas of West U. There is no need for the development of additional commercial or office space in our neighborhood. There is plenty of space for lease for offices and businesses on the east side of Kirby in the Village. There .is also office and' commerciaL space for lease on Kirby, including a two-block stretch of empty offices just ,to the north on Kirby, between Robinhood and Sunset. There is no need to encourage the building of any new businesses on the West U side of Kirby at the present time. It may be true that the Kirby lot owners could sell their properties more easily and fQr a much higher price if the zoning were changed to commercial. However, this is not a valid reason for changing the zoning for these particular property owners. -----,-,-'---lrn=~'lIllIllElll'llflllffTlf' TfT.'.."wr Please do not rezone Kirby'Drive! ,Thank you for your consideration. cc:Zoning aI1d Planning Comm.:tssioners "..-,-,~ ,~ Very truly yours, ./ - . /-;/ ~ / --...,~~_ -"z.--'-:r--7/'>.- // J2~~fff Herb Ayala .. ._~. -- ---------.--,-------.,.,--,----IF"~..-'I~.lInlIlLltr;nnnll,rr" '-, ... - -.---.'f'F".~'.-r- TO: The Ci ty Council and the Zoning & Planning Commission of the City of West University Place, Texas: SUBJECT: Proposed amendment of the zoning ordinance and/or zoning district map of the City. Please include the following in the record of the public hearing held on the date shown below: @e>~ Ow iltl::::~ OF (6 /J ").-. V--..3 15 co <=''-< 'Y-1NG L6 TrE#V/-eE / Tt<l-t<. G (..E: if .. . f-I ju=--:zof{IN~ eJP Ji".,L/S ;J~D ~G~T~ /=::'/Lo ,,,,,,-7&(..,nVHoC/5.t2.. f'C? "(fd?J-t...",-G1L(!:.14L ,,!~~ ,I.s A 'o61/1v'"r 5<<0 ~ oN (7H~ .t~bR2~IY: IlU/I/eu 1-!/ftSe~NTf;-I'::~ .,f~~ ..../1-_ 5(Jf(~ fl7.LE~., /970, 4!VD. we 0U ou<-.-t:, U/CLe..O"7-n6- p~(N& . .. . I . ~ii~lt N(iJ> Z-orV 68 eb ~ -nt 15' 1Le./1'k- <E; IN e6: L.r..- E AiLE- -1it. A eo ?k ~I'$~C (14 L.- I . J5c//V1o S-J'OOk:/~t3cj I~TT/.,LE- Co~~~ 0 ~ I ~ c..v oU LL:::> L/ kc: .70 ENCo (.b"VtGCS: -p~ tJ IJ/:= /2-411 oN I A /Y ['y I/-k6 (/rs: c;. (Kat-'), 6/;:=- )Gc,?1( Dl/ IN /; -T?r:-c: v Ne: 612- '(fJr-1N.. T rr:=.s U-? if I c:. ;-f /t-e.~ 7k (> r,. Ny A Ptk/o~IV6N- , tIP(\(. Fo{c.."'n< 1f\l6 ~.-r-..f TV.5, Submitted by: Tft">'YlcsH--:" l<tE./ <::'d-E.~ f (Name; Please print.) Address: /000 LOLll>I,!:}N4. ~v/7e3(7BC) . I (tv> (prY. -~k:.~C; 77cY04- I I Telephone: (Day) C?~:2... - S:-7S" cD (Evening) Lf(p~ - h3 5 3 Date: rly/era 5430qq ~ --'------'-----~'F9~"lll1111I',.Itr:mtllll.tr -----H~f''"''.-;C"Trr,,-- \t!~ULJ.&...LY1.'" u "'.....,.";.4.&.J.....A. .........---- TO: The City Council and ~he zoning & Planning Commission of the City of West Universit~ Place, Texas: SUBJECT: Proposeo am~ndment of the zoning ordinance and/or zoning district map of the City. Please include the following in the record of the public hearing he on the date shown below: Address: +' r Ii.. nc:..'} n~ J)-o tA...il (Name, Please print.) 3 -0.' . ? I c,. ~ u..r.. ,k. I J1 . Submitted by: Telephone: ( Day) b ~ I ~'3 g f (Evening) If 9 -- /Y.-?d Date: 5430qq . _ ___--l..:.l , '~'.'F-'ITlrn~ ',I:F,:,..'''r~n v-ur......:)l..J.ul... (X \,-Vl.llF!,u"L'(.L ~1040L#a....II.40. TO: The City Council and the Zoning & Planning Commission of the City of West university Place, Texas: SUBJECT: Proposed amen4ment of the zoning ordinance and/or zoning district map of the City. Please include the following in the record of the public hearing held on the date shown below: Vve OfrO)' rt2ohil1.j Any #f ~Irb/ DrJv.e.- fr'o~ t o\.Vn hD vu.. t-o ( 0 ""''''' (i!)" ci ~ { .. On \ v t h c.. 0 \V hL-r' J 0 -t. I ~r 0 f~r ~)I r>1'l \,<; r ~fv S ~ 1l.l1 L ~o ~~l'\~ f=i C~t' h {\,. i "J J.hL. \Jt\(Arbtil"lt.y ttbollt tJu- s~^+vS' of ~h.t.;\"" fr-t>f~T ey rehl"V(~, wh;I-,5h;fl~y'> \~J\'+ t.OC> ~ who ~Yl()""5 'Nh",\. . Vv: ) 1 (Oh\L \l'\ 'wht'" J k; f 1-"'1 I> foi ~ ),/;( ~ 4t p.i 1\.j ~ 20hlV\j (0 towhhov.ses \.v~1l -l?l\wr-e.-. ~k.tt lh.c.. h~~j"'~oY' h(7Q~ I rv..frDve~ r A.\ h.e1" ~h..O\ Jec.\;h€ ~ O~("tZ '(:k ~; )~; V\j ~ v5;. hL ) S e ~ I eAv~. Address: ~a.v l 5. f' h~t", 1 (Name, Please prirlt.) ?b4:i f\",h~rst Submitted by: 5430qq Telephone: (Day) '""-0 - f)~ OF 527- 4087 (Evening) b '0 -0607 Da te : 'f I [<6! q 0 _~r - --------,------------c--,--,,---'F''''"'''''''"'-.-,_'' VUC::>1.1.Ul'l a \...UI'IlTII:.L';'" ...:>1U..,-".1. TO: The City Council and the Zoning & Planning Commission of the City of West University Place, Texas: SUBJECT: Proposed amendment of the zoning ordinance and/or zoning district map of the City. Please include the followLng in the record of the public hearing held on the date shown below: .~ 'd~ J.l!!krj:;~k ~S;4-ee-...-f cS./'cle- / /- &C ttJ,8-r,-, ~ hi- /1 ~.~ d n ;f-/J ~ ~ Ip. rev! .~. ~1. ~,l~A /~r, wlJ'~4 .s /k,?tA. Id b?-. ~ ~ . an I h-#1. S c::- f 1> ~k.. k~/t .jJe:u-jJ"-'=J - fr/nhfWhw'li,,'.t~ 6$c.r~~P~/:~;/ Z~c(j~ ~/n? kr><fc'r 6'/ d~-f 7IY~aY\d> c~ 5430qq Submitted by: S ~.',.. ~ ~l'n,y (Name .Pleasprinf. Address: ,50/ tJ? j}-/6~ nS /r/Y0S ~ 7 .7>0 Telephone: (Day) 7Jj-J*cJ-! (Evening) 6c:;. C; -D;y<F Date: S ~f-/J; 17~;) -~.~- _LI ~~---'_.._-_._---..."'-'----lf'~""l'f'1mlmfl'm1l'r!llff""'''-- --- --- VU~~~LUN ~ ~UMM~NL ~nLLL TO: The City Council and the zoning & Planning Commission of the City of West University Place, Texas: SUBJECT: Proposed amendment of the zoning ordinance and/or zoning district map of the City. record of the public hearing Address: ~~~\J~~:~r~~ Submi t tedby: 5430qq Telephone: (Day) ~;:=- ~ '.;i ~1l.n~1 - 5). \0 \ (Evening) ~~ O~ay.O Da te : ~q() -----~""l'r1fllftlf"lIF.rrrllrfl'"!'f" Tfn,;,,,,,;,-,-,j-r- '3 ~ ..-1 ....... t:tUUUT t:tCL.L.,MA Tun r-nu-I ~~'1 JIM JENKINS, COUNCILMEMBER JANET L. REDEKER,COUNCILMEMBER BILL WATSON,.COUNCILMEMBER AUDREY NICHOLS, CITY SECRETARY WestU niversity Place, Texas September 19, 1990 To: Members of City Counci 1 Members of Zoning & Planning Connnission From: ~~~~e~e~~~~~~j ~ Subject: Zoning Amendments Mrs. Dixie Weldon, 3834 University, called on September 18, 1990, to express her .comments relative to the proposed zoning amendments. ~1rs.Weldon was not able to attend the public hearing and asked that I convey her comments to you. Mrs. Weldon was in favor of rezoni ng the JMH Site to s i ngle-fami ly residential. However ,Mrs .Wel don expressed her opi ni on that she would rather see the lots sold for residential purposes. She feels that park areas attract disagreeable kinds of people and criminals. Citizens would not be safe to walk in the neighborhood if the area is used as a park. xc: Mike Tanner City Manager James L. Dougherty, Jr. City Attorney Dixie Weldon 3800 University Boulevard Houston, Texas 77005 713/668-444 1 fiUbU;:)L ~/, J.77V Members of The City Council and Zoning and Planning Commission City of West University Place 3800 University Boulevard Houston, Texas 77005 Members of the Commission and City Council: We, the undersigned residents of Lake Strectand other interested citizens, wish to protest the proposed. rezoning of the block bordered by Kirby Drive, Plumb Street, Lake Street and Tangley Street. Although we~trQngly Sl.,fPPQIt$erewning of the threeJots facing Lake Street to strictly residential, we do most strenuously object. to the lots facing Kirby Drive being rezoned rromthe efurent townhouse zoning to a commercial zoning for the following reasons: 1. Previous Considerations In the early 1970's, an architectural and planning firm was commissioned by the City to do a stUdy of the Kirby DrivelLakeStreet blocks and make recommendations for rezoning. Many thousands of clollarspf taxpayers' money was spent on this study, and much time and. effort was expended..byCity officials, the Zoning and .Planning Commission and interested citizens in order to reach an agreement. All of the reasons which led to the current zoning .of these blocks remain valid today. 2. Spot Zoning Successful townhouse developments. have been established on several of the lots affected by therezoning.m the 1970's. Commercial development in place at the time. of rezoning remains commercial. If this prior rezoning is adhered to~ eventually Kirby Drive will offer more uniformity. If, instead, the City makes arbitrary adjustments in zoning to accommodate every special interest group, the "patchwork. quilt" of spot zoning will win out 3. Physical Restrictions The Planning and Zoning Commission has determined in the past that the property depths of 1 00 feet offer the same limitations to commercial development as to townhouses or c1usterhouses. Site plans indicating various successful arrangements of townhouses or c1usterhouseshave been presented to the City by interested. architectS and are a matter of record with the City. 4. Crime Our police department understands that when area residents lose all recognition of the comings and goings of people and vehicles, the area experiences a significant crime increase. In addition, these commercial establishments are unoccupied at night and invite criminal activity. - f!"TpO!r,"-'''-'-r J.YJ.W.L.L.lUt;.!~ V1 .I. .L.l\,.t '-V~w~.A.V''''.J .............. ..........J --.-- August 27, 1990 Page Two 5. Noise and ;H;ealth ;Problems V,rhere townhouses have been develeped,the adjacent Lake Street neighbors have experienced a significant reduction in the incredible noise of Kirby Drive. Rezoning to conimerciaJ may well bring the noise to their backyards. In addition, sewer lines are shared by Lake5treet and Kirby Drive. Commercial usage of these lines and residential usage are incompatible and cause blockages which result in the overflow of raw sewage at ~o~s,. ~ 6. Traffic and Parking Where commercial development does exist along the Kirby frontage, traffic and parking along adjacent residential streets has been. adversely affected. Although parking may be ata premium fortownhotise lots,conunercial traffic and parking is several times worse. 7. Precedents We consider it unrealistic. to believe that the proposed rezoning to commercial would be limited to the block in question. To remove the finger in the dike would most certainly enable the next. block to achieve;rezoning, and the next, and the next. The Commission must consider the ultimate ramifications of !l zoning change on any one of the Kirby blocks. 8. Fairness Any citizen who has purchasedpropeny in the Lake Street/Kirby Drive are.a. since 1973 has the right to expect that the City will remain a residential city and that the problems of Houston will not be delivered to their back door by elected West University officials. New residences have been built which may not have been built, had the Kirby Drive frontage been zoned commercial. Townhouse owners have the right to expect the City to hold to a commitment and not convert successful developments into an undesirable situation. In short, we depend 00 our City officials to use good judgment in these matters and consider what is fair and best for the City as a whole.. We, the petitioners, respectfully submit our names in protest to this considered rezoning: .~..'"<". ,-., ".......... .......J._._...... __ --------LI "7'.'.lr~'lYII1l~f:Jt" H" -rrr'T''''I' REIDC. WILSON 3824 Case Housto~ Texas 77005 september 28, 1990 Mr. Fred Tooley 6031 Lake street Houston, Texas 77005 Re: Kirby Drive Townhouse PDDDistrict Dear Fred: This.letter is written to you in your capacity as spokesman for the. Lake street residents. who oppose the .proposed.rezoningof the<:portionof,theKirbyDri veTownhouse .PDD District. between TangleyandPlumb. ....... -Am.unber :ofquestionsand c::oncernswere :raised at':the'<cSeptember18th..Joint:Publ'ic .Hearing'.by .area.-.;residents . regardingcthe'proposal...Although,atyour';request., I . previously met Lake street residents , it is clear that additional communication.isnecessary . This letter can be distributed to interested residents at your discretion. 1. Backqroundto "Proposal. When I was appointed to the Zoning and Planning Commission in 1985, my charge from the City Council was to oversee redrafting of the Zoning Ordinanceandthe.Comprehensive Plan, and review of the Zoning Map. The City Council felt the City had railed to appropriately honoritsconunitment to the citizens of protecting the integrity of the city through its .Zoning Drdinance.Theresult of the efforts of the . commission was the 1987 Zoning Ordinance adopted by the city Council effective October..24, 1987. During the two years of preparation which lIed tothe--1987 Zoning Ordinance, the Commission reviewed the Zoning Map to determine areas where corrections were necessary. The block of Lake/Plwnb/Kirby lTangley was one of those areas. Attached is a copy of the Zoning Map reflecting the obviously confused state of zoning. ----l~lmmf"1'l1'mmflnr'r- irT';~"7r-'--f .I."l.L .J! reu .J:UU.Ley September 28,1990 Page 2 Due to the scope of the 1987 changes, the Commission felt that Zoning Map deficienci~s should not be addressed at that tim~ since zoning district changes can be a sensitive subject. The Commission .anticipated that technical corrections would be necessary to the 1987 Zoning Ordinance. The technical corrections now proposed by the Commission are those contemplated. The Commission felt that the curative work for the Zoning Map should be handl~d together with the technical corrections. Based on my. review of the situation, it was my proposal to the Commission that the "curative" rezoning occur. Inclusion of the 5800 block of Kirby within the District appears to be an error by the Zoning Map draft~r , who actually intended the Commercial designation to continue through Plumb ,rather that stopping at Tangley.Thisis evidenced by the fact that the rear portions of the Lake Street lots are currently zoned Commercial. The only information I have received to the contrary came from Diane .Dahlem,aformerneighbor on Lake Street, who recently stated that it was intended that this block be zoned as part of the District. If that is th~ case, there still remains a draftsman's error in allowing the rear portions of the Lake Stre~tlotsto be zoned <Commercial. The foregoing is a complete discussion of the background for the proposed rezoning of this block being included as part of the technical corrections. 2. Conflict of Interest. The Commission is cov~red by and familiar with state law relating to conflicts-of interest. No Commissioner has disclosed any conflict relating to the proposed rezoning. I have known each of the members of the Zoning and Planning Commissionfor.a number of years and can personally vouch for their. character. However, to resolve any concerns, I will request each member of the Commission to acknowledge that they (a) have .no conflict of interest regarding the zoning , (b) hav~ no ownership interest therein, and (c) will receiv~ no .benefit, whether direct or indirect, from any rezoning. ~ 3. Rational for Consideration of Chanqes to Kirbv Drive Townhouse PDD. Beyond the issue of correcting what I perceive to be a draftsman's error, the Commission has followed the District since the commission's 1,986 rejection ofa request by Kirby property owners for rezoning from Townhouse to Professional Office. One reason for that rej~ction was that the economic downturn of Houston .L".LL.. "'.,.L..-.'""4. ~VV..L"-'l' September 28, 1990 Page 3 maybe a significant reason for the failure of construction of townhouses. The commission. felt that if the District continued to deteriorate physically and no townhouses were constructed after a reasonable period of time had lapsed, then the commission may need to evaluate the District. Unfortunately, the District has continued to deteriorate and there has been no new construction. !nfact, the last .newconstruction in the District was. well over ten years ago. As a Planning and Zoning Commission,it is incumberitnot only that we protect current development, but plan to . shape future development. The consideration of potential alternatives for the District would not necessarily include use changes ,butperhaps modification of certain of the current restrictions so as to encourage the construction ,of high quality townhouse projects. 4. Report of LOnq Ranqe Planninq commission. At the request of the City council,the Long Range Planning Committee has spent a number of months considering the District. Enclosedisa copy .of the report of the Long Range Planning Committeewith.their recommendation. Itiscoincidencethatthe report was issued at the same time as the technical corrections, al though the Commission has been aware that the Long Range Planning Committee has been considering the issue for sometime. The.report proposes residential type structures meeting with the physical limitations of the current District regulations and single family districts but with limited "nonobjectionable" commercial uses (professiomlloffice,antique store,artgallery, etc.). The proposal wouldspeciIicallyprohibit . any drive-in or other auto intensive use and all food establishments. Commercial development would only be allowed as part of a planned development district specifically approved by both the Commission and the city Council, . so that the maximum control would be retained by the City during the development process. 5. Procedure for Consideration. No change to the District can be made without the following: a. Specific recommendations from the Commission after appropriate consideration; b. Joint public hearing on the issue with written notice to all property .owners within 200 feet from the District (this would cover both sides of Lake street); c. consideration of input received at the public hearing and a written report to the City Council; and ..~ ~..- n-~.-lr'~C'll]_~:J!" ----rr;r-T''''T 1"lr. .r.rea '~'ooJ.ey September 28,1990 Page 4 d. Action by the consideration. City Council, after appropriate As you can see, this process contemplates substantial notice to area residents and the opportunity to be heard before any change to the Dis.trict is implemented. At the Commission's October 11th meeting, I will request: (i) the Kirby rezoning .be removed from the technical package, and (ii) a special meeting of the Commission the District to be held on Thursday, October 25, 1990, City council Chambers. I hope that you and all residents attend that meeting. I am requesting Spradling, Chairman of the LongRange Planning committee discuss the report. Asa r~sident of 6107 Lake for eight years, I am aware of the unique characteristics and needs of Lake street. KirbyDriveis a close and irri tatingneighbor ,asisthecut-through .traffic, overflow parking and crime from the Village. Al though high quality townhouse development maybe the superior buffer for Lake street, I am unotconvinced . that the current zoning will result in that development. In the event high quality townhouse development is not possible , the Commission "is obligated to consider alternatives. correction to discuss 7:30p.m.,. interested that Mark appe~r and Call me if you w.ouldlike to discuss <this matter prior to our next meeting. R RCW:dlg Enclosures: . As stated RCW/LTR00813.dlg cc: Zoning & Planning Commission Mark Spradling, Chairman Long Range Planning Committee r'~-~--- ---'~-----'-----"-'-'-----lr=.'I"lI!1If1~_II~:rrmn.'Ir' - --~r"c"-~ ~ ~ ~o ~cJ ~~ REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 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 24, 1990, with the fo 11 owi ng members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. A 1 so present were the Ci ty Manager, City Secretary, City Attorney, Director of Administration, Director of Operations, the Fire Chief and the Chief of Police. Councilmember Bell 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. Li nda Day, 4224 Lehi gh, spoke concerni ng the preservati on of trees in the city. She reques ted Counc i 1 cons i der her proposa 1 to protect the city's environment. Dalia Stokes, 4017 Tennyson, deferred to Jane Breazeal. Jane Breazea 1, 4019 Ri ce, expressed her concern, and the concern of the senior citizens, over the tax rates and requested a meeting with City Council to discuss.the over-65 exemption. Mayor Higley explained that Council would begin to consider the budget within a week and the over-65 exemption would be considered with the overall budget. Council would look at the budget and consider the exemption. Staff would contact Mrs. Breazeal when that specific time will be. 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 Counci 1 suggested removing an item from the consent agenda. ...,-- -- T~F""1'Ilmmlf"m-:rlmm"lIm ------- "Tfff""'~'C""'''''r 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: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None RESOLUTION DESIGNATING REPRESENTATIVES TO HOUSTON-GALVESTON AREA COUNCIL: Consideration was given to Resolution Number 90-14, as follows: CITY OF WEST UNIVERSITY PLACE RESOLUTION NUMBER 90-14 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY 1991 BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That hereby, designated as. its representative to Assembly of the Houston-Galveston Area Council 1991. be, and is the General for the year Section 2. FURTHER, that the Official Alternate authorized to serve as the voting delegate should the hereinabove named delegate become ineligible, or should he resi gn, is Section 3. All resolutions and parts of resolutions in confl i ct herewi th 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 2 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 ADOPTED, this the September , 1990. Voting Aye: Voting No: Absent: 24th day of Signed: Laura C. Higley, Mayor ATTEST: Approved as to Form: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney (SEAL) Motion was made by Counci 1member Jenkins, seconded by.. Counci 1- member Watson, that Counci1member Buddy Bell be appointed as the city.s representative to the General Assembly of the Houston-Galveston Area Council for the year 1991 and Counci1member Janet Redeker be appointed the official alternate. Voting Aye: Voting No: Absent: Mayor Higley, Counci1members Bell, Jenkins, Redeker, Watson None None RESOLUTION RELATING TO HOUSTON COALITION OF CITIES: Mayor Higley presented the following: IIAFFIDAVIT STATE OF TEXAS ~ COUNTY OF HARRIS ~ BEFORE ME, the undersigned authority, on this day personally appeared Laura C. Higley, who, being by me duly sworn did depose and say as follows: My name is Laura C. Higley. I have a IIsubstantia1 i nterestll in the Baker & Botts Law Fi rm (the II bus iness entityll), in that I am employed full time by the business entity and receive at least 90% of my annual income from 3 ~~~,...--~. - -------"TffF'"f.~,--;'r.f--- '.'_""-="""".,.-,~,c",,,,,,,,,.-..-,,,. that entity. I believe that a vote or decision of the City Council to join the Coalition of Cities with respect to the proposed appl i cati on for increased rates by Houston Lighting & Power Company mayor may not have an affect on my law firm. I am taking this action to avoid any appearance of confl ict of interest. 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: STATE OF TEXAS 9 COUNTY OF HARRIS 9 BEFORE ME;, a notary public, on this day personally appeared , known to me to be the person whose name is subscri bed to the foregoi ng 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 day of , A.D., 1990 . FILED with me, the official record keeper of the City of West University Place, Texas on this the day of , 1990. seal Notary Public, Signature MY Commission expires: Audrey Nichols City Secretary" With Mayor Pro Tern Bell presiding, consideration was given to Resolution 90-15, as follows: RESOLUTION 90-15 WEST UNIVERSITY PLACE A RESOLUTION AUTHORIZING THE CITY OF WEST. UNIVERSITY PLACE TO PARTICIPATE IN THE COALITION OF CITIES. FOR THE PURPOSES OF INVESTIGATING, EVALUATING, AND PRESENTING EVIDENCE IN REGARD TO THE PROPOSED HOUSTON LIGHTING & POWER COMPANY APPLICATION FOR INCREASED RATES; AUTHORIZING, IF NECESSARY, THE INTERVENTION OF THE COALITION OF CITIES IN ANY PROCEEDING BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS IN CONNECTION WITH THE REVIEW OF ANY RATE PROCEEDING INSTITUTED WITH REGARD TO THE PROPOSED APPLICATION FOR INCREASED RATES; AUTHORIZING THE CITY ATTORNEY OF THE CITY 4 .J1_:Mffiilllt1-"'i-.,,,-t'!,?JUI<I', r- ,~-, r ------- -- --;"-'--n~-.n'CT'llTllmrm:mnrrrrrr"------- ----- --.- ~r".."f OF HOUSTON TO, REPRESENT THE COALITION OF CITIES IN ANY. PREFILING DISCUSSIONS AND IN ANY PROCEEDING BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS IN REGARD TO THE PROPOSED APPLICATION FOR INCREASED RATES; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS~ Houston Lighting & Power Company (iIHL&plI) has advised the municipalities in its service area of its proposal to file an application for increased rates ("proposed.rate case"); and WHEREAS ~ the Ci ty of Houston intends to retai n professional consultants to conduct investigations~ present evidence! advise its City Council and assist with any litigation relating to the proposed rate case; and WHEREAS. the City of Houston and other municipalities that are regulatory authorities having original jurisdiction over parts of the HL&P service area have entered into a coalition to cooperate in the proposed rate case; and WHEREAS. it is in the City of West University Place's ("City") best interest to participate in the proposed rate case through a Coalition of Cities in HL&P.s service area; and WHEREAS~ it is in the City.s best interest to participate with the Coalition of Cities in proceedings before the Public Utility Commission of Texas ("PUC") concerni ng the proposed app 1 i cati on of HL&P for increased rates in the unincorporated portion of its service area and in any appeal to the PUC of the Ci ty' s rate order in the proposed rate case; now~ therefore~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS: Secti on 1. The facts and recitati on set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2. The City Council hereby authorizes the participation of the City in the Coal ition of Cities! for the purposes of: (a)' investigating~ evaluating~ and presenting evidence in connection with the proposed rate case; (b) participating in any appellate proceedings before the PUC relating to the proposed rate case; and (c) participating in any prefilingdiscussions concerning the proposed rate case; (d) participating in any proceeding before the PUC concerning the proposed application of HL&P for increased rates in the unincorporated portion of its service area. 5 -'--,-----,r""cl'!lTIT~'fl"'-- - -~-'~TfF'""T,-'"-'1"''',c- Section 3. The City Attorney of the City of Houston is hereby authorized on behalf of the City to represent the Coalition of Cities in any appellate proceedings before the PUC relating to the rate case, but only in the event that the rate orders of the City, the City of Houston and a majority of other member cities of the Coalition are appealed by HL&P to. the PUC. Section 4. The City of Houston is hereby authorized on behalf of the City to represent the Coalition of Cities in any prefiling discussions and in any proceeding before the PUC concerning the proposed application of HL&P for increased rates in the unincorporated portion of its service area. Section 5. All resolutions and parts of resolutions in confl i ct herewi th 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 publ ic as required by law at all 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 the September ,1990. Voting Aye: Voting No: Absent: 24th day of Signed: Laura C. Higley, Mayor 6 -~--~----'------'----'-'----Ir;~~".---- TITf~--rrT"f- ATTEST: Audrey Nichols City Secretary Approved as to Form: James L. Dougherty. Jr. City Attorney ( SEAL) Motion was made by Councilmember Redeker. seconded by Council- member Jenkins. that Resolution Number 90-15 be adopted as presented. Voting Aye: Voting No: Absent: Abstaining: Mayor Pro Tern Bell. Councilmembers Jenkins. Redeker. Watson None None Mayor Higley RESOLUTION RELATING TO THE APPRAISAL ROLL AND TAX RATES: With Mayor Higley presiding. consideration was given to Resolution Number 90-16. as follows: RESOLUTION 90-16 WEST UNIVERSITY PLACE 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; DECIDING ON THE AMOUNT OF SURPLUS AND UNENCUMBERED FUNDS TO BE USED TO PAY DEBT SERVICE; AND CONTAINING RELATED PROVISIONS. WHEREAS. on September 24. 1990. the governi ng body of the City of West University 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 thi s reso 1 uti on and made a part hereof for all purposes; and WHEREAS. the governing body desire to proceed with the steps necessary to levy ad valorem taxes; NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The matters described in the preamble of this resoluton are found and determined to be true and correct and are adopted. ratified and conformed. 7 , ,____.~...-1_'..,"' "".", j~. . L . _____ _ L_L_...jJ1L'~~1L :I:::r:, .._~ .r"1111ll1llf1llDll1I" -- - 1!1T"T---T Section 2. The City Council of the City of West University Place hereby designates the following person(s) to take the action described below: Donna L. Sims Tax Assessor-Collector Mi 1 dred Mi 11 er Deputy Tax Assessor-Collector, with full authority to act in the absence of the Tax Assessor-Co 11 ector or in the case the Tax Assessor-Collector fails to take such action within a reasonable time. Section 3. The City Counci 1 of the City of West University Place hereby authorizes and directs the above-named person(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) Publish such rates, as well as the additional information required by the Texas Property Tax Code, in the form and manner requi red by such Code, at the 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 such 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. Section 4. (a) All actions by the assessor and collector of taxes prior to this date with respect to such calculations an publications are approvedt ratified and confirmed in all respects. 8 ~1~.l_".o~_r -- .~--:l ,~r IF"l'r'lTll!flf"l'lli:mmIlr" 1l'fF"""" r 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 requ i red by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, or other governing law, 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 governing body ra ti fi es, approves and confi rms such not ices and the contents and posting thereof. Section 8. This resolution shall take effect immediately upon its adoption and signature. day of PASSED AND APPROVED , 19 this Voting Yes: Voting No: Absent: Signed: SEAL Laura C. Higley Mayor ATTEST: APPROVED AS TO FORM: Audrey Nichols City Secretary James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Redeker, seconded by Council- member Jenkins, that City Counci 1 adopt the Notice of Effecti ve Tax Rate and the supporting calculations as submitted by the Tax Assessor-Collector, as follows: "NOTICE OF EFFECTIVE TAX RATE 1990 Property Tax Rates in the City of West University Place Thi s Notice concerns 1990 property tax rates for the City of West University Place. It presents information about 9 three tax rates. Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. (In the first year a city or county collects the additional sales tax it must insert the following lines unless it made its first adjustment last year:) -Sales tax adjustment rate =Effective tax rate xl.03=Maximum rate unless unit publishes notices and holds hearing Last year's tax rate: Last year's operating taxes +Last year's debt taxes =Last year's total taxes fLast year's tax base =Last year's total tax rate This year's effective tax rate: Last year's adjusted taxes (after subtracting taxes on lost property) fThis year's adjusted tax base ~This year's effective tax rate This year's rollback tax rate: Last year's adjusted operating taxes (after subtracting taxes on lost property) fThis year's adjusted tax base =This year's effective operating rate $ xl.08=this year's maximum operating rate $ +This year's debt rate $ $ 2,798,740 $ 851,700 $ 3,650,440 $ 912,382,128 $ 0.4001 /$100 $ 3,644,333 $1,110,358,577 $ 0.3282 /$100 $ $ / $100 /$100 $ /$100 .3380 $ 2,809,078 $1,110,358,577 0.2529 0.2732 0.0736 /$100 /$100 /$100 ) (A school district must insert the following lines) =This year's rollback rate before adjustment $ +Rate to recoup lost state funds $ =A.Adjusted rollback rate $ B.Rate that would result in maximum state funds $ Rollback Rate (greater of A or B) $ /$100 /$100 /$100 /$100 /$100 10 =This year1s rollback rate $ 0.3468 /$100 (A city or county that collects the additional sales tax (including one that collects the tax for the first time this year) must insert the following lines:) -Sales tax adjustment rate $ =Rollback tax rate $ /$100 / $100 SCHEDULE A: Unencumbered Fund Balances The fo 11 owi ng ba 1 ances wi 11 probably be 1 eft in the property tax accounts at the end of the fiscal year. balances are not encumbered by a corresponding obligation. unit's These debt Type of Property Tax Fund General Debt Service* Encumbered by bond covenants Capital Projects Fund (Proprietary) Water Sewer Fund Enterprise) Balance 4,115,050 493,806 576,200 4,041,~15 SCHEDULE B: 1990 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Principal or Description Contract Payment of Debt to be Paid Interest Other Amounts Total to be Paid to be Paid Payment 1976 Bonds 1983 Bonds 1986 Bonds 1988 Bonds 100,000 150,000 260,000 100,000 12,850 197,650 309,050 520,750 Total required for 1990 debt service -Amount (if any) paid from funds listed in Schedule A -Excess collections last year =Total to be paid from taxes in 1990 +Amount added in anticipation that the unit will collect only 100% of its taxes in 1990 =Total Debt Service Levy 1,250 1,250 1,250 1,250 1,655,300 114,100 348,900 570,300 622,000 803,600 851,700 o 851,700 SCHEDULE C: Expected Revenue from Additional Sales Tax (For counties and cities wit additional i cent sales tax) 11 ._________--------.1" . .----------- ----,---,-c----I~'"'T.r'1III~r. rnf'''''f''; ;";-, In calculating its effective and rollback tax rates, the unit estimated it will receive $ in additional sales and use tax revenues. This notice contains a summary of actual effective and rollback tax rate calculations. You can inspect a copy of the full calculations at 3800 University Blvd., Houston, Texas 77005. Name of person preparing this notice Donna Sims Title Director of Finance/Administration & lax Assessor Collector Date prepared September 8, 1990 II Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Motion was made by Councilmember Bell, seconded by Councilmember Watson, that Resolution Number 90-16 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CERTIFICATION OF ESTIMATED COLLECTION RATE FOR 1990 AND EXCESS DEBT COLLECTION FOR 1989: Consideration was given to accepting the Estimated Collection Rate for 1990 and the Excess Debt Collection for 1989, as follows~ Estimated Collection Rate for 1990 Excess Debt Collection for 1989 100% $ 0 Mot i on was made by Counc i 1 member Bell, seconded by Counc i 1 member Redeker, that the Anticipated Collection Rate, 1990 Tax Levy and Amount of Excess Co 11 ecti ons, 1989 Tax Levy be accepted as presented by the Tax Assessor Collector. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None RECEIPT OF CERTIFIED APPRAISAL ROLL: Consideration was given to acknowledging receipt of the Certified Appraisal Roll from the Harris County Appraisal District. A summary was submitted, as follows: .:_:::"::''''F<''~'''i>l'-'''''~;~:_1~:~,:_ ~_~--'-'..:~:. UI:~~'-'~~' - ! .~1Y_r: ~ 12 1::1-' .Ll" . _ .~-lr"'"1'Ilmmnmmnr" . rr:r'T""'1 Tax Year 1990 Total Real & Personal Property Value Exemptions Claimed Taxable Value Real & Personal New Construction Value Value Loss from Prior Year Lawsuits 1,191,676,800 50,069,750 1,141,607,050 46,063,458 50,280 Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that City Council acknowledge receipt of the certified appraisal roll from the Harris County Appraisal District. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CALCULATION OF THE 1990 EFFECTIVE TAX RATE: Consideration was given to the calculation of the 1990 Effective Tax Rate submitted by the Tax Assessor Collector, as follows: Effective tax rate (M&O) (D.S.) Total Maximum rate unless city publishes notices and holds hearings .$ Rollback rate $ 0.2529 0.2736 0.3282 0.3380 $ 0.3468 Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that City Council accept the calculation of the 1990 Effective Tax Rate as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL BOARD OF TRUSTEES ELECTION: Consideration was given to casting the city's vote for election of candidates to the TML Intergovernmental Risk Pool Board of Trustees. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that City Council cast its vote for Trustees, as follows: Place 1 Place 2 Place 3 Randy Moravec Saul Ramirez Charles C. Bogan, Jr. 13 "'_'_,,,~,,'_7".'.._<.,,..,_ -'~~"'__'"'_''' .11 "~,1< t' "..~ 1,.,1 1;:[" .c-lr:"l'l11llmFlllllll'llll1rc------ -mr,.."m'T- Voting Aye: Voting No: Absent: Place 4 L. Don Dodson Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None SANITARY SEWER RENOVATION. PRIORITY AREA 3: Consideration was given to Monthly Estimate No. 4 in the amount of $168,357.91 submitted by George M. Construction Company, Inc., for work performed July 26 through August 25, 1990 on the sanitary sewer renovation project. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that Monthly Estimate No. 4 in the amount of $168,357.91 submitted by George M. Construction Company, Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None DESIGN DEVELOPMENT OF CITY PARKS: Consideration was .given to the invoice in the amount. of $7,000 submitted by Tapl ey-Lunow Architects for professional services in connection with the design development of the parks. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that the Tapley-Lunow invoice in the amount of $7,000 be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None UTILITY RELATED ENGINEERING SERVICES: Consideration was given to the invoices totaling $34,956.69 submitted by Langford Engineering Inc., for services as follows: (a) Invoice No. 6234 in the amount of $1,421. 65 for Surface Water Li ne to Mi Hon; (b) Invoice No. 6235 in the amount of $6,968.75 for Sanitary Sewer Priority Area 3; (c) Invoice No. 6236 in the amount of $8,225.35 for Sanitary Sewer Priority Area 4, Phase 1; "'''-T~' ~'~~~f;-I",'t L,---,<:'-i"j~.L l.L :-:i==--:IJl''4~'''~~_C- . 14 ,~ . ___~__------L:C' '----~.-lr'LllllllllI'llllllllllr- - mrr:fr""T-r (d) Invoice No. 6237 in the amount of $1,873.18 for Water Line Replacement Priority Area 2b; and (e) Invoice No. 6238 in the amount of $16,467.76 for Wakeforest Water Plant Expansion. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None FEES AND RESPONSIBILITIES OF THE CITY ATTORNEY:. Consideration was given to the fees and responsibil ities of the City Attorney. The City Attorney requested an hourly increase of legal fees from $100 to $125. Moti on was made by Counci lmember Bell, seconded by Counci lmember Redeker, that City Council approve the increase in the fee schedule for the City Attorney's services. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, September .10, 1990; and (b) City Council Regular Session, September 10, 1990. Councilmember Jenkins requested a correction to the regular sess i on mi nutes on page 7: the Di s tri ct Manager of HL&P is Roy White, not Ray White. Motion was made byCouncilmember Redeker, seconded by Council- member Bell, that the minutes be approved as corrected. Voting Aye: Voting No: Absent: -~- ~ ..-.....,. . .:-:::-::I::J"~~",,,'''''H''H'_~ J...... L .. Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None 15 ..~..I .-C ~""-'--~TI'IIIIm~'--------- - ------------."'lflr--'.'f'.'-""! '-. - L.....'.." COUNCIL COMMENTS: Mayor Higley expressed her appreciation to Terry Stevenson, Curtis Cooper and Steve Griffith for their assistance preparing and participating in the Sports Parade on September 18, 1990. Mayor Higley expressed her appreciation for the attitude of helpfulness and warmth displayed by the police officers to the youth in the city. Mayor Higley commented the yellow ribbon painted on the water tank looked great. STAFF REPORT City Manager Mike Tanner had nothing further for Council1s consideration at this time. ADJOURNMENT: With no further business to come before Council at this time, motion was made by Councilmember Redeker, seconded by Councilmember Bell, that the regular city council meeting adjourn to reconvene in workshop session. Such motion carried and the regular session was adjourned at 7:53 p.m. 16 '. .1..._.._ .J.~ - -"'-~'~.If~T1'III1mMll:1lmmfr' -.. __n_._. "'Tm.--, ':F'~~"'r , _. . ----' ~. ._,,~~", ,.,,'.n "r, .E: . . ~ ~ ----'-'" ~ ~~ :<.Q( , ~ ~ ~ CITY COUNCIL WORKSHOP SESSION MONDAY, SEPTEMBER 24, 1990 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, September 24, 1990, wi th the fo 11 owi ng members present: Mayor Higley, presiding; Council members Bell, Jenkins, Redeker and Watson. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Chief of Police, Fire Chief, and the Director of Operations. MATTERS RELATING TO RECYCLING COMMITTEE REPORT: Linda Brannen, Cathy Sisk and Bill Snypes representing the Recyc 1 i ng Commi ttee presented requests to Counci 1 . Ms. Brannen requested Council consider authorizing the expenditure of $15,000 to $20,000 fora Household Chemical Waste Day in the spring of 1991. Mayor Higley responded Council would consider the request in the overall budget process. The cost is to cover the ana 1ys i s of the products before they can be removed to a hazardous waste disposal site. Batteries, paint and motor oil are examples of chemical waste that will be included. Ms. Brannen requested consideration be given to the Recycling Committee having solid waste included in their area of responsibilities. Also, Clean Houston Inc. and Proud Partners is currently sponsoring an award called "Project for Cleaner and Beautiful Environment". The Recycling Committee requested City Council nominate West University's recycling program for this award. Bill Snypes would complete all forms to be presented to Council at a later date. AGENDA REVIEW - DISCUSSION ONLY: City Council reviewed items on the regular session agenda. The City Attorney questioned staff procedures for presenting certain tax information to Council. Director of Administration Donna Sims explained that the presentation of tax information presented to Council met Property Tax Code requirements and worded so the information may be easily understood by the citizens. City Council agreed to include a motion at the regular session to adopt the Notice of Effective Tax Rate and the supporting calculations. MATTERS RELATING TO FEES AND RESPONSIBILITIES OF THE CITY ATTORNEY: City Council reviewed the request for an hourly increase of legal fees from $100 to $125. - '. ,.~~~~ . .::::::r=:::::J. --" ---~~1r"'1l1lllmrm:lllllll'1F- mr'T""T Mayor Higley recessed. the workshop session at 7:30 p.m., to convene in regular session. At 8:00 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Staff members present were the City Manager, City Secretary, Director of Operations, Director of Administratibn, the Fire Chief and the Chief of Police. MATTERS RELATING TO GOALS AND OBJECTIVES FOR THE REMAINING OF 1990 AND FISCAL YEAR 1991: Members of Ci ty Counci 1 offered goals and objecti ves for consideration most of which fell into categories of beautification, facility improvements and designating fund balance. The list will be typed and returned to Council to prioritize. MATTERS RELATING TO APPOINTMENT. EVALUATION. REASSIGNMENT AND DUTIES OF PERSONNEL: Mayor Higley recessed the workshop session at 8:44 p.m., to convene in a closed executive session as authorized by the Open Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Section 6252-17, Section 2(g). At 10:25 p.m., Mayor Higley reconvened the workshop session. COUNCIL COMMENTS: No member of Council had anything further for discussion at this time. STAFF REPORT: City Manager Mike Tanner had nothing further for Council's consideration at this time. ADJOURNMENT: With no further business to come before City Council at this time, Mayor Higley declared the workshop session adjourned at 10:27 p.m. 2 :>~ ;,0 ~rt;) q ~ /J- ~~ I ",:__";::,,^~:,,,,*,,;;,_vd_"...I"," REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 8, 1990 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, October 8, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. A 1 so present were the Ci ty Manager, Ci ty Secretary, City Attorney, Director of Administration, Director of Operations, The Fire Chief and the Chief of Pol ice. Councilmember Jenkins del ivered 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. Robert Wortham, who is bui 1 di ng a house at 4103 Mi 1 ton, requested consideration be given to allow him to install flooring in the attic. The Southern Standard Building Code does not allow installing a floor in the attic unless the first floor structure is modi fi ed to support add i t i ona 1 we i ght. Mr. Wortham exp 1 a i ned he planned to use the attic for storage. There were no windows in the attic and the house had only a pull-down staircase for access to the attic. Mayor Higley referred the question to the City Manager who would contact Mr. Wortham. CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Higley invited residents who wished to address a specific agenda item tG speak at this time. There were none present who wished to speak concerning an agenda item. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Item No.7, Contract for Utility BillinQ Services, was removed from the consent agenda. CONSENT AGENDA: Motion was made by COUncl lmember Jenkins, seconded by Council- member Redeker, that with the exception of item No.7, the consent agenda be approved in accordance with staff recommendation. ~ l-r11,':<i'!!8m"-' '....1'.',11'''il' ,..--.' .- - ..- r:-r-, ["' ------------,----'-------,--,-.,--.----lr=,..,1'flm!fl~'----- TFlr-"'"'---.'<-r Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None PROCLAMATION: MY CHOICE---DRUG FREE: Mayor Higley presented and read a Proclamation designating October 21 - 28, 1990, as Red Ribbon Week encouraging participation in drug prevention education activities. Motion was made by Councilmember Redeker, seconded by Councilmember Bell, that City Council adopt the proclamation as read. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None PURCHASE OF TRUCK BODY FOR RECYCLING TRUCK: .Bidder Amount Southwest Truck Rigging & Equipment 10010 Talley Lane Houston, Texas 77041 $ 7,195.00 Northwest Fabricators Inc. 4624 Pin Oak Ln. Bellaire, Texas 77401 $15,737.00 Staff's recommendation was to award the contract to the low bidder, Southwest Truck Rigging and Equipment. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that City Council accept staff's recommendation and award the contract for purchase of the truck body to Southwest Truck Rigging and Equipment at the bid price of $7,195.00. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None 2 "",__='0'.:1,.,,"0,'0;: r--~~ ,--: !-:.11'"'.~W""',,"tN"'f1II!'1:"-"- ~ , ~ ---,--------,~lr" ..'!1.11lTmrrr:,Jm.....T----- -- "'TfTf""f"'--""'T CONTRACT FOR UTILITY BILLING SERVICE: Councilmember Bell advised Council that he would abstain from discussion and voting on the contract in compliance with the affidavit previously filed with the City Secretary, as follows: "AFFIDAVIT STATE OF TEXAS ~ COUNTY OF HARRIS ~ BEFORE ME, the undersigned authority, on this day personally appeared C. W. (Buddy) Bell, Jr., who, being by me duly sworn did depose and say as follows: My name is C. W. (Buddy) Bell, Jr. I have a "substantial interest" in the Coastal Corporation (the "business entity"), 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 a vote or decision of the City Council to contract with the Coastal Corporation for utility billing folding and envelope stuffing services mayor may not peculiarly affect the business entity. I am taking this action to avoid any appearance of conflict of interest. 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: STATE OF TEXAS 9 COUNTY OF HARRIS ~ BEFORE ME, a notary public, on this day personally appeared Buddy Bell , known 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 8th day of October, A.D., 1990 . Notary Public, Signature My Commission expires: seal FILED with me, the official record keeper of the City of West University Place, Texas on this the day of , 1990. 3 "~m.",t.',-..I.'.'~' , ,T"'.11'1~VY!;'I-r~tlffi'I!1l/ ,~ "'.1r""111l11mMlllllll1l'1r"m ml"'.""."', Audrey Nichols City Secretary" The proposed Letter of Agreement with Coastal States Management Corporation was presented. Coastal agrees to provide service on a monthly basis to the City, as follows: 1. Folding and Inserting: (a) Uti 1 ity Bi 11 (or other bi 11 /correspondence) (b) Return Envelope (c) City Currents (d) Occasional Additional Inserts 2. Sealing of Envelopes 3. Same Day Service (maximum 3 hours) The Letter of Agreement further provides for a limitation of 1 i abi 1 ity. The city agrees to re 1 ease Coastal and its offi cers , directors, employees and affiliates from any liability arising out of its performance of the above service on behalf oftheci ty, absent gross negligence or willful misconduct. The service was considered a pilot program by Coastal for a sixty-day period at no cost to the city and may be extended by mutual agreement. Motion was made by Councilmember Jenkins, seconded by Councilmember Redeker, that City Council approve the agreement with Coastal and authorize the City Manager to execute the agreement on behalf of the city. Voting Aye: Mayor Higley, Councilmembers Jenkins, Redeker, Watson None None Councilmember Bell Voting No: Absent: Abstaining: CITY MANAGER SEARCH FIRM: Consideration was given to the invoice in the amount of $1,434.11 submitted by Ralph Andersen & Associates for. services in connection with the search for a new city manager. I Motion was made by Councilmember Jenkins, seconded by Councilmember Redeker, that rCouncil approve payment of $1,434.11 to Ralph Andersen & Associates. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None 4 . _____________----r 1F"~"B"1IIIlfIf~,--------------.ff!TT';'~",-"TTr-- LEGAL SERVICES: Consideration was given to the invoice in the amount of $4,288.60 submitted for 1 ega 1 servi ces rendered on the city I s beha 1 f for the month of September 1990. Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that the invoice in the amount of $4,288.60 submi tted for 1 ega 1 servi ces for the month of Septernber 1990 be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ., CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City. Council meetings, as follows: (a) Joint Public Hearing, September 18, 1990; (b) City Council Workshop Session, September 24, 1990; and (c) City Council Regular Session, September 24, 1990. Motion was made by Councilmember Jenkins, seconded by Councilmember Redeker, that the minutes be approved as submitted. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Voting No: Absent: REORGANI ZATION: City Manager Mike Tanner presented a general overview of the reorganization plan for city personnel and related services excluding Operations, as follows: Mr. Tanner explained what was done, basically, was to evaluate the organization as a whole, to look at each and every department and division. He proposed a number of changes, some substantial, some insubstantial. He was looking at a program that would reduce expenditures this fiscal year (1990) approximately $45,000. If this carries forward to the next fiscal year, we could anticipate approximately $135,000. He proposed to eliminate a specific number of posi ti ons in a speci fi c number of departments. He was referring to transfers. In Personnel, the position of secretary will be abolished. The person fi 11 ing that position wi 11 be transferred to Finance and Administration. 5 '~"~."I .--,..t..~.wr- --:.--.----:1. '1F""""l'rlmlflf:n1..mmu'"'' --".;fAf'''''''f'-''--'''''f'-- The position of Accreditation Manager will be abolished in the Police Department. That person will be promoted. We will create a position of patrol officer who will move to the streets. The position of Animal Control Officer will be abo.lished and that person transferred to Communications. The Incentive Program will be eliminated and salaries will be adjusted to the pay plan. I n the Fi re Depa rtment, the pos it i on of Fi re Ins pee tor wi 11 be abolished. The responsibilities will be distributed. In Permits and Inspections, the Contract Plan Review will be eliminated on January 1, 1991. The position of City Engineer will be created and the City Engineer will be employed effective January 1 and will be responsible for a new department: Engineering and Construction. The position of Code Compl iance Offi cer wi 11 be. abo 1 i shed. . In Streets, the position of Street Foreman will be abolished. The person who fills that position will be transferred to Public Works. The position of Laborer will be abolished. In Solid Waste, the position of Solid Waste Foreman (which is now vacant) will be abolished. The position of Equipment Operator wi 11 be abolished in September .whi ch wi 11 coi nci de with the landfill closure proposal. In General Services, the posi.tion of City Hall Custodian will be abolished. This will be contracted. The position of Maintenance Chief will be created which will be filled by the Crew Chief in the Parks Division. In Parks, the position of Crew Chief will be abolished and two pos iti ons of Laborer. Parks, grounds and ri ght-of-way care wi 11 be contracted. In Recreation, the position of Colonial Park Manager and the position of Colonial Park Custodian will be abolished. A Recreation Division will be created with a Recreation Manager and Assistant Recreation Manager. Th~ough this reorganization plan staff will be able to accomplish the established mi~sion which. is to provide the demand for services efficiently, effectively, with the smallest government possible for the least possible cost. Mayor Higley. called for a motion to approve the reorganization plan for 1990 with the appropriate budget amendments including no provision for a car for the City Manager this year but approve one for 1991. 6 __~"i'iiL'.. Mayor Higley complimented the Police Department and Municipal Court for the professional manner in which they handled the increased load in their respective positions. STAFF REPORT: City Manager Mike Tanner 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 Councilmember Bell, seconded by Councilmember Watson, that the regular session adjourn and Council to reconvene in workshop session. Such motion carried and the regular session adjourned at 8:12 p.m. 8 '.r ~ ""1--:-r,'I'~""""" ""'f',/",lll,.IW rr--- ~,~ , -- ------1----,- --.. ---'--'''---IF'''''I'fimlflr'mf1lll'1Tll''' _.nmr'.O~T ~ O\Q ~ ./ fJ? IT o..f{ .. t; ~ ,Q CITY COUNCIL WORKSHOP SESSION MONDAY, OCTOBER 8,1990 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, October 8, 1990, wi th the fo 11 owi ng members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and Watson. Councilmember Redeker arrived at 6:40 p.m. Also present were the City Manager, City Secretary, City Attorney, Director of Administration, Chief of Police, Fire Chief and the Director of Operations. AGENDA REVIEW: DISCUSSION ONLY Counci lmember Bell submitted the fo llowi ng: "AFFIDAVIT STATE OF TEXAS 9 COUNTY OF HARRIS 9 BEFORE ME, the undersigned authority, on this day personally appeared C.W. (Buddy) Bell, Jr., who, being by me duly sworn did depose and say as follows: My name is C. W. (Buddy) Bell, Jr. I have a "substanti a 1 interest" in the Coastal Corporation (the "business entity"), 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 a vote or decision of the City Council to contract with the Coastal Corporation for utility billing folding and envelope stuffing services mayor may not peculiarly affect the business entity. I am taking this action to avoid any appearance of conflict of interest. I intend to abstain from participation in any action .regarding this matter, and I am fil ing this affidavit to be in compliance with the Texas Local Government Code and the City Charter. Signed: STATE OF TEXAS 9 COUNTY OF HARRIS 9 BEFORE ME, a notary pub 1 i c, on thi s day personally appeared Buddy Be 11 ,known to me to be the person whose name is subscri bed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct. Q 0\.0 '" / ~ " t'?' ~,~ CITY COUNCIL WORKSHOP SESSION MONDAY, OCTOBER 15, 1990 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, October 15, 1990, 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, Finance and Administration Director, Public Works . Director, Fire Chi efand the Chief of Police. MATTERS RELATING TO THE 1991 BUDGET: (a) Consideration was given to the over-65 exemption and related issues: Mayor Higley invited comments from those attending the workshop. Jane Braezeal, 4019 Rice, spoke concerning the taxes on property for those residents on fixed incomes. She requested Council consider granting some relief to the over-65 senior 'citizens. Dalia Stokes, 4017 Tennyson, commented that the $42,850 over-65 exemption granted to the senior citizens in 1981 was sufficient to reduce many of their city taxes 100% and never reduced their taxes less than 40%. Because of the recent increases in property values, the over-65 exemption has been devalued to as little as 11% and no more than 37% of total city taxes due. Ms. Stokes urged Council to consider increasing the exemption for the senior citizens. In 1983 - 1984, it was considered somewhat acceptable to have a tax lien against the, property. Now, the amount is so 1 arge the seni ors do not want to place a lien on their property. Mayor Higley reviewed the handout which revealed the over-65 exemptions in the area. Harris County Houston Bellaire West University Place $156,240 $ 32,340 $ 40,000 $ 42,850 Tax rates in the same areas were reviewed. Harris County $0.56 Houston $0.63 Be 11 a i re $0.50 West University Place $0.33 ..-.,,~,. '.I:_j:ll'~..''''''~~ rwr-::J. .-r- '--'~~--'~"'lF''1'f1Illllll'1'lmmllll'lI!'..' - - '"lTIfr=:-"",",,;.of _ :j"~'~*,,~".1~'-" Mayor Higley explained that when Council was reviewing the budget one of the topi cs di scussed was the over-65 exemption. As an option for Council to consider, staff proposed a discount garbage rate. The over-65 Garbage Rate was presented for consideration. The monthly rate is now $11.75. Lowering the fees would result in an annual savings to seniors, as follows: Garbage rate Annual Savings $8.00 $ 45.00 $7.00 $ 57 . 00 $6.00 $ 69.00 $5.00 $ 81.00 $4.00 $ 93.00 The City is limited to the type of relief it can offer to seniors by the State Property Tax Code. Other taxing entities .have other options, but the main one available to. cities is the over-65 exemption. If the over-65 exemption is increased, the other citizens in the city must bear the share of that reduced portion. Several other citizens expressed their views on the exemption. Chuck Gillian urged Council to be cautious in their consideration to increase the exemption. He thought it might not be in the best interest of the city. Others present felt strongly that the exemption needed to be lowered. After hearing from all who wished to speak, City Council asked for comments about the fa i rness to the senj ors if the di scounted garbage rate were adopted. It was the general feeling of those in attendance that the discounted garbage rate would be acceptable. Motion was made by Councilmember Bell, seconded by Councilmember Redeker, that City Council leave the over-65 exemption at $42,850 and adopt the discounted monthly garbage rate of $4.00 for the over-65 and the handicapped residents. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None (b) Consideration was given to the 1991. Budget Review - Discussion only: The City Manager and the Director of Finance and Administration reviewed a portion of the 1991 proposed budget with City Council. City Counci 1 di scussed vari ous expenditures. At the end of the discussion, Council agreed to schedule the Budget Public Hearing for Monday, November 5, 1990. Council would consider the first reading of the ordinance adopting the budget and the ordinance for tax levy. at a special meeting following the public hearing. 2 r ,~<lI'l'l~I~-''''lt,~t~~ - ----:'"",:1---' '-'-"""'~-lr~'lfIlmrmrrrnrfl'1rr----- ---- --n-----"l'T'ffT"'"""""T MATTERS RELATING TO REORGANIZATION: At 10:00 p.m.! 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! Section 6252-17! Section 2(g): Consideration of the reorganization plan for the Utilities Division. Mayor Higley reconvened the workshop session at 10:15 p.m. Motion was made by Councilmember Jenkins! seconded by Councilmember Redeker! that City Council approve the reorganization plan for the Utilities Division as presented. Voting Aye: Voting No: Absent: Mayor Higley! Councilmembers Bell! Jenkins! Redeker! Watson None None ADJOURNMENT: With no further business to come before the workshop session at this time! Mayor Higley declared the workshop session adjourned at 10:20 p.m. 3 Q~ ~f() I ~ a n.~ J- ~~ CITY COUNCIL WORKSHOP SESSION MONDAY, OCTOBER 22, 1990 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, October 22, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and Watson. Councflmember Redeker was absent. Also present were the City Manager, City Secretary, Director of Finance and Administration, Director of Publ i c Works, Chi ef of .Pol ice and the Fi re Chi ef. AGENDA REVIEW- Discussion Only: City Council reviewed the regular. session agenda. Consideration was given to the request from Judge O'Connor, Chairman of the Long Range Recycling Committee, that $250.00 be appropriated for printing and copying of a brochure explaining the pick up of plastics for recycling. She plans to distribute the brochure through the elementary school committee a week before the curb-side pick up of plastics begins. Motion was made by Councilmember Jenkins, seconded by Council- member Watson, that City Council appropriate $250.00 for the brochures as requested. Voting Aye: Voti ng No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker PARKS BOARD: Consideration was given to the report from Phil Sudan, committee member, Friend$ of WestU Parks. Mr. Sudan explained the committee was ready to to begin calling on foundations asking for grants for park development. The question arose concerning .at what level of contribution would City Council consider naming a park for a donor. The committee understood that a 50% 1 eve 1 is a minimum that other fund raising groups have used. CityCounci 1, by mutual consent, agreed with the 50% level of donation for consideration of naming a park by the donor. Consideration was given to to recommendations concerning vacancies on the Parks Board and landscape ma.intenance. Park Board Chairman Russ Schulze advised Council two members on the Parks Board had resigned: Ann Schmalz and Bill Hayes. It was Mr. Schulze's ahd Administration, Director of Public Works, Chief of Police and the Fire Chief. REVIEW OF THE 1991 PROPOSED BUDGET: Mayor Higley asked Council to consider the request from the Recycling Committee for funds for a "Toxic Waste Day" to be held in April 1991. After discussion, City Council agreed to not provi de funds in the 1991 budget for that purpose. Reports from other cities were that they would not endorse a "Toxic Waste Day" in their cities largely due to the cost to the city. and the unidentified liability the city might carry under those circumstances. Mayor Higley asked Council to consider the aeration and fertilization of the parks as requested by the Parks Board. After discussion, Council agreed staff proceed with the care of the oak trees at Colonial Park, but to postpone overall landscape maintenance until a plan can be developed. Council agreed with the $18,000 budgeted for parks in the 1991 bUdget. City Council further agreed that the garbage fee to seniors and the amount for the crossing guard at Weslayan and University would come out of the $171,400.00 for Council projects which would leave a balance of $111,750 in that fund. Motion was made by Councilmember Bell, seconded by Councilmember Watson, that City Counci 1 approve the budget as submitted and present it for public hearing on November 5, 1990 to consider final adoption on November 12, 1990. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker Mayor Hi gl ey requested Counci 1 cons i der the appoi ntments to the Parks Board and Friends of West U Parks Board as recommended by Russ Schul ze. City Council expressed their general concurrence with the recommendations should the persons be willing to serve. COUNCIL COMMENTS: Councilmember Bell suggested that a city-wide holiday decoration contest. Staff woul d check to see if it coul d be done at thi s time or maybe wait until next year. STAFF REPORT: Mike Tanner requested Council consider rescheduling the second counci 1 meeting in December. The second Monday in December falls on Christmas Eve. City Council agreed to schedule the second regular council meeting in December on December 17, 1990. Mr. Tanner advised Council that the Employee Christmas Party was 3 t~,!>--- _..,.,_...,,'>:1'~"" -:'"'_'-;""~'~"".I L ._J I LlllL_lolill!!l!IiE2;"'!"i>1t!!'imm' _1 j~ -lJ "'~~'-----------"-'-"'---~~-I""';""''-'''''f 'c9~~,,,,:'r<'.l"" scheduled for December 21st and invited the members of Council to attend. 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 session was adjourned at 9:40 p.m. 4 "I'" ! .1 Idl ':""'lffm"" '1"'!'1H;~-=- 111,,1 1;["- ,_u --~----~,F"WIlIImMll'lllllff1r'--- ll'fro~~"""=r- :J ::7 0'00 in ~~- '-""~'~'" REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 22, 1990 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, October 22, 1990, 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, Director of Finance and Administration, Di rector of Pub 1 i c Works, Chi ef of Pol ice and the Fi re Chi ef . Mayor Hi gl ey deli vered the i nvocati on and 1 ed the All egi ance to the Fl 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 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 wi shed to speak concerni ng 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 Jenki ns, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker ORDINANCE APPOINTING MUNICIPAL COURT JUDGES: Mayor Higley presented the ordinance and read the caption, as foll ows: _ _L_.~_. .~j ~,~,.,.,,.....,,,,,,,,-~ ..--'___-'1. . .--...r --If''~'''''IIlIIII~-- ORDINANCE NUMBER 1379 AN ORDINANCE RELATING TO THE MUNICIPAL COURT; DESIGNATING DIVISIONS AND TERMS OF OFFICE; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; APPOINTING AND REAPPOINTING JUDGES; AND DECLARING AN EMERGENCY. Copies of Ordinance Number 1379, 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. The ordinance appointed the following persons to indicated divisions of the Municipal Court for the unexpired portions of terms ending August 31, 1991: Thomas B. Taylor J. Gordon Dees Candelario Elizondo Presiding Judge Associate Judge Associate Judge Division 1 Division 2 Division 3 Motion was made by Counci lmember Bell, seconded by Councilmember Watson, that Ordinance Number 1379 be adopted on first and final reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker Mayor Higley administered the Oath of Office to Thomas B. Taylor, Presiding Judge and then to J. Gordon Dees and Candelario Elizondo, Associate Judges. RESOLUTION APPOINTING MUNICIPAL COURT PERSONNEL: Mayor Higley presented the following Resolution for Council consideration: RESOLUTION NUMBER 90-17 RESOLUTION APPOINTING MUNICIPAL COURT CHIEF PROSECUTOR AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Michael H. Schneider resigned his position as Pres i di ng Judge of the Muni c i pa 1 Court of the City of West University Place effective September 26, 1990. WHEREAS, Thomas B. Taylor was appointed Presiding Judge and Candelario Elizondo was appointed Associate Judge of the Municipal Court of the City of West University Place; and 2 --"'"'.''' ~ ~~ ~""".-V",,,"- "L__ j_~_;._ L..r::I:;:Il~~"j"'~_Ji..; -:~I.;:;r:-:-=1 ~ _~cc 1r'"1l1mm!'Jlll!l!llllnr ------'111r"::' "'T ~---'~"7,-o'-Ft J~i~ WHEREAS, the City Council has reviewed each appointment and has determined that the appointment of the Chief Prosecutor should be made. WHEREAS, the City Manager and the City Attorney have each indicated to the City Council that, to the extent they may have the responsibility under the City Charter or state 1 aw, they approve and appoi nt Joe W. Bai 1 ey, II as Chi ef Prosecutor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Joe W. Bailey, II, is hereby approved, appointed and confirmed as Chief Prosecutor of the Municipal Court of the City of West University Place. Section 2. That Joe W. Bailey, II, is hereby vested with all powers and duties as set forth in the Charter of the City of West University Place and the Statutes of the State of Texas pertaining to his appointment. Section 3. That the aRPointmentmade by this resolution shall take effect immediately upon passage and approval hereof. Section 4. That the Chief Prosecutor of the above named Municipal Court shall receive as compensation for his duties the amount as may be authorized by the City Council from time to time. Section 5. All resolutions and parts of resolutions in confl i ct herewith are hereby repealed to the extent of the conflict only. Secti on 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 gi ven in the manner requi red by the Open Meeti ngs Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeti ng has been open to the pub 1 i c as 3 1,;1' _ll1'",i'fmf-?l-"""'*f'I~t'r- ~-- -:---;-!:Ti ---- -r[""l1l111mI'1IIimlll1l" ml''''-~'''"r required by law at all 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 the October , 1990. 22nd day of Voting Aye: Voting No: Absent: Signed: Laura C. Higley, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) Moti on was Councilmember presented. James L. Dougherty, Jr. City Attorney made by Counci lmember Jenkins, seconded, by Watson, that Resolution 90-17 be adopted as Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker Mayor Higley administered teh Oath of Office to Joe W. Bailey, II. FEE SCHEDULE: Consideration was given to the first reading of Ordinance Number 1380 adopting an updated fee schedule. Mayor Higley read'the caption, as foilows: ORDINANCE NUMBER 1380 AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; AMENDING ORDINANCE NUMBER 1366 ADOPTED MARCH 12, 1990; 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. 4 "!~j'r~-"('<"""'- .-, '-I , l-r-"rll"'''"I'''r,,",'-:'1 r.^'!'I'.!..1J ;1,;:11 j,r - - ---, --- II ".mmmr1lllllllllf1l" ---iffr"~"'-"'"r Motion was made by Council member Jenkins, seconded by Council- member Watson, tha tOrd i nance Number 1380 be accepted on first reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker AUTHORIZATION TO ADVERTISE FOR BIDS FOR PURCHASE OF GAS AND OIL PRODUCTS FOR 1991: Consideration was given to authorize advertising for bids for the purchase of gas and oil products. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council authorize advertising for gas and oil products for 1991. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell ,Jenkins, Watson None Councilmember Redeker REPAIRS TO WATER WELL #7: Consideration was given to the invoices totaling $64,491.00 submitted by Texas Water Wells for the preliminary investigation and repairs to water well #7. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that the invoice totaling $64,491.00 submitted by Texas Water Wells be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker REPAIRS TO WESLAYAN LIFT STATION: Consideration was given to the invoices totaling $12,344.00 submitted by EBARA International Corp., for equipment to repair the Weslayan Lift Station. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that the invoices totaling $12,344.00 submitted by EBARA International Corp., be approved for payment. Voting Aye: Voting No: Absent:, Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker 5 WASTEWATER TREATMENT FACILITY 24" OUTFALL LINE: Consideration was given to authorizing Bearden Contracting, Co., to make emergency repairs to the ,24" Outfall Line at the Wastewater Treatment Facility at their bid amount of $27,560.00. The Harris County Flood Control District notified the city on September 4, 1990 that the 24" outfall line from the Wastewater Treatment Facility had failed and was causing erosion of the concrete slope paving. The flood district also informed the city that since this. was not a strom water discharge, the city was responsible for the repair. Staff requested and secured emergency bids from three contractors to make the required repair to the outfall. Bearden Contracting Co., was the low bidder. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Counci 1 authorize Bearden Contracting Co., to make the emergency repai rs to the outfall 1 ine at the Wastewater Treatment Facility at the cost of $27,560.00. . Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker WATER LINE REPLACEMENT PRIORITY AREA 2b: Consideration was given to Monthly Estimate No. 3 in the amount of $143,974.40 submitted by RWL Construction, Inc., for work performed August 26 through September 25, 1990, on the water line replacement project. Mot i on was made by Counc il member Bell, seconded by Counc i 1 member Jenkins, that Monthly Estimate No. 3 submitted by RWL Construction, Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker SANITARY SEWER RENOVATION PRIORITY AREA 3: Consideration was given to Monthly Estimate No. 5 in the amount of $229,941.32 submitted by George M. Construction Company, Inc., for work performed August 26 through September 25, 1990 on the sanitary sewer renovation project. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that Monthly Estimated No.5 in the amount of $229,941.32 submitted by George M. Construction Company, Inc., be approved for payment. Voting Aye: Voting No: Absent: ..".1 ,. c"'1I\l!!!!!!!!15""t'.~'1.' ,.. r I,' : .Pl'JI'""""",,""wtt.':'l1l!1'li: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker 6 ,1"::1"'1 ,c[ ..T'-"-'T.- --T'~'IF'.l'r:lllmr:Illlllll1'll' ----- ..--- .'ml"'i~'7"'n"T- PURCHASE OF RECYCLING TRUCK CAB AND CHASSIS: Consideration was given to the invoice in the amount of $26,798.30 submitted by Olympic International Trucks, Inc., for delivery of the recycling truck cab and chassis. Moti on was made by Counci lmember Bell, seconded by Counci lmember Jenkins, that the invoice submitted by Olympic International Trucks, Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker ENGINEERING SERVICE FOR UTILITY RELATED PROJECTS: . Consideration was given to the invoices totaling $32,128.95 submitted by Langford Engineering Inc., for the following: (a) Invoice No. 6251 in the amount of $11,419.66 for Wakeforest Water Plant Expansion; (b) Invoice No. 6252 in the amount of $1,584.33 for Priority Area 2-b Water Replacement; (c) Invoice No. 6253 in the amount of $8,052.06 for Phase I, . Priority Area 4, Sanitary Sewer Sunset Terrace Subdivision; (d) Invoice No. 6254 in the amount of $8,677.21 for Priority Area 3 Sani~ary Sewer; and (e) Invoice No. 6255 in the amount of $2,395.69 for Surface Water Line to Milton. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, 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 CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council meetings, as follows: (a) City Council Workshop Session, October 8, 1990; (b) City Council Regular Session, October 8, 1990; and (c) City Council Workshop Session, October 15, 1990. 7 ;',<,,:-1" '''':'i:(''~R~:'mWiir),~' 'lW~,'!H~"<r I I I ,; I ,1:11 '~nMIlII:r.'~ In~t"f!!lJ!m r: iri:i1 ~ ~~Ir~'1'f"11Imrnl'lll'llll1f' irlfe'f""-"'"l Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker COUNCIL COMMENTS: Councilmember Bell asked when the crossing guard would begin working at the corner of Weslayan and University. Mr. Tanner explained it would be in January 1991. Councilmember Bell asked the status of the Humusoil composting contract. Mr. Tanner advi sed that staff woul d contract Humusoi 1 for consideration in the future. Councilmember Bell inquired if the street striping was being done by Harris County. Director of Public Works Curtis Cooper explained that Harris County was nearing completion of the project. University Boulevard from Edloe to Buffalo remained to be done. Councilmember be repa ired. 1 etter to be take place. Watson asked when the holes on Rice Boulevard would Mr. Tanner reported that staff was preparing a mailed to notify residents when the repairs would Mayor Higley reported the City Manager was doing some tree trimming at city hall over the weekend. STAFF REPORT: City Manager Mike Tanner advised that the stop sign criteria was prepared for presentation to Council and asked the Chief of Police to make the report. Chief Griffith submitted the following City of West University Place Multiway Stop Sign Criteria: The IIMultiway Stopll installation is useful as a safety measure at some locations. Any of the following conditions may warrant a multiway STOP sign installation: 1. An accident problem as indicated by three or more reported accidents of a type susceptible of correction by a multiway stop installation in the 12 month period. 2. A volume of tra ffi c, determi ned by survey, to be IIcut-throughll on a street where the amount of traffic on intersection streets does not rise to equal 8 r~:'l ":f~"i:0~ ,~ .~___",~~sr';>,~t;'f;;,~1~1!::' I i .,1 In''a~'-~rW~r;---- ;III~~ ,[ '-~~., -"~~lnnrmm1r1l11r:IIlIIT'IIr-- ~---- - ~----TIlf";" - ""r volumes. Under these conditions, multiway stops may be placed at intervals not less than four intersections. 3. Minimum traffic volumes. (a) The total vehicular volume entering the intersection from all approaches must average 100 vehicles per hour for any four hours of an average day, and (b) The combined vehicular and pedestrian volume from the minor street or highway must average at least 20 units per hour for the same 4 hour period. 4. An intersection adjacent to a park or school where children cross to use public facilities. Note: If none of the above criteria can be met, consideration may be given to the IIreadjustmentll of existing 2-way stop signs from the less traveled intersection street to the heavier traveled intersection street. This action will only be used to IIbalancell stop sign placement. By general consent, City Council accepted the Stop Sign Criteria. ADJOURNMENT: ...,.c..."".~ With no further business to come before City Council at this time, motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that the regular session adjourn to reconvene the workshop session. Such motion carried and the regular session was adjourned at 7:49 p.m. 9 ,'!.jd.-:~:-'C.'~:'" ~ ,--,I"" -'"....c-:.,.....lr"~""I'I-mlml"llm'lrnllTlf'-- -mr':,,",c-c""r TI CITY COUNCIL WORKSHOP SESSION MONDAY. NOVEMBER 5. 1990 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. November 5. 1990, wi th the fo 11 owi ng members present: Mayor Higley, presiding; Counci1members Bell, Jenkins and Redeker. Counci1member Watson was absent. Also present were the City Manager, City Secretary, Director of Finance and Administration, Director of Public Works, the Fire Chief and the Chief of Police. AGENDA REVIEW - DISCUSSION ONLY: City Counci 1 members reviewed the. agenda for the pub1 ic hearing and special session. MATTERS RELATING TO COUNCIL GOALS AND OBJECTIVES: J Mayor Higley opened discussion of Council Goals and Objectives. The list was reviewed and revised as follows: 1. Beautification (a) Support a.tree. planting pr.ogram including consideration of flexibility in setback requirements and location/relocation of driveways to preserve trees and encourage incentives for tree preservation. (b) Randall's shopping cJnter: ask them to landscape the back. Staff mailed a 1etter making the request (c) Prod HL&P concerni n9 I Ri ~er Oak~ '.j street 1 i ghts: Staff should have a report from Roy Whi,te: by next week. (d) . Repeal '.Irequi rement fO~ .underground: dra i n~ge: Repea 1 and have City Engineer develop new :cJ~:iteria. Suggestion: along with the house plans, bui 1 der submi t plans for drainage. (e) Decorative brick work at Rice and University: Postpone antil the streets ar~ repaved. . (f) Bissonnet/Academy: Alternate Crepe Myrtles and Live Oaks and c'Onsiderl planting ,down B:i.ssonnet from the triangle area already planted. l (g) : ~, . _ d Reduce signs in the city: Staff is working on this. 2 City Council Workshop Session, November 5, 1990 (h) Replace signs at entrances with prettier signs: r- :~~~~~~e until we can apply for an "All American City L (i) Remove the sidewalk at West U Elementary School, replace with brick pavers to the curb and put in black wrought iron fence: Staff to get price of fencing materials and brick. Call the PTA and see if they would be willing to donate matching funds for the project. 2. Facilities (a) Crossing guard at Weslayan/University: Crossing guard budgeted and will be~in in January 1991. (b) Consider in-house city engineer: interviews in progress. Budgeted and (c) Consider using clear trash bags: Staff to get the price of the bags and a sample for Council to see. (d) Address Kirby Drive and Community Drive development: Zoning and Planning Commission and long Range Planning Committee are working on this. (e) Develop an aggressive street repair program: Assess [............. street needs and then develop the program. Staff to .... determine cost of curb and gutters for north/south streets that do not have them (like on Westpoint). (f) Ask Harris County to repave Weslayan: Postpone until subsurface is repaired. (g) Move Operati ons off Mi lton Street. . Thi s is a pri ority item. Staff develop plan to reorganize operations and beautify the area. Move rocks and trucks off-site but do not spend massive dollars on it. Need feasibility study to move operations to Westpark. (h) Repair Boy Scout House: Staff proceeding and repairs out for bid. Mayor Higley recessed the workshop session at 7:30 p.m.; to convene the public hearing and special session. ~ At 7:45 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley presiding, Councilmembers Bell, Jenkins, Redeker and Watson. Councilmember Watson arrived at 7:40 p.m. Also present were the City Manager, City Secretary, Director of Finance and Administration, Director of Public Works, the Fire Chief and the Chief of Police. [ City Counci 1 Workshop Sess i on, November 5, 1990 GOALS AND OBJECTIVES (CONTINUED): (i) Counci 1 help fi nd' a te.nant for Cellar Door and perhaps city pay for grease trap. Write a letter to the bank that Council will help: Staff to find out asking price, put on hold. (j) Replace Community Bldg. air-conditioners: progress. (k) Poor Farm Di tch: adopt ordinance dea 1 i ng with lots as to what can be built: Zoning and Planning Commission is looking at this. Council requested minutes of Virginia Court abandonment. This is in (1 ) Work an agreement wi th HL&P so that when a house is torn down, HL&P wi 11 be contacted to move the pol e to the back. Now the poles are placed in the front of the lot. Staff to communicate 'with HL&P and see why they are moving the poles to the front. (m) Develop a good recycling center on Milton. Recycle books, magazines. Have a bulletin board. for community recyclable items.: This is the same as (g). (n) Establish a p1acefor.young teens to go and socialize: The YMCA isprovHfing the facilities. (0) Develop a cleaning: storm sewer line plan for mapping Counci 1 agreed thi s was priori ty. and (p) Yearly schedule for ;.Poor. Farm Ditch clean up: The Harris Flood Control District has agreed to clean up the ditch once a year. Staff needs to determine "when". (q) Replace fence on PF ditch at Ed10e between Sunset and JMH: Counci 1 to look at. Fence may be able to be repaired. (r) Yearly schedule from railroad for clean up behind Communi.ty;;Drive: This has been accomplished. (s) Develop a street closure plan: Staff to review Long Range Plannin'g recommendations and develop specifics. Look. at. feasibility of. requir.ing cu1 de sacs, abandoning the 'areal and se1 Hngl!the:, 1 and to the property owners, etc. (t) Determine responsibilities for Virginia .Court along Harris County: J~'lood . Controll District: This is being clari.fied.. ',.. r-,'.I :). (u) Increase police visibility: A plan is being developed. 4 City Council Wo'rkshop Session, November 5, 1990 (v) Contact HL&P for poss j bi 1 i ty ofgoi ng underground with [. a 11 overhead uti 1 i ti es: - Staff is getti ng fi gures from . HL&P for report to Council. 3. Designating Fund Balance (a) Designate $3,000,000 to the infrastructure and streets. Staff will prepare a resolution to designate the funds. 4. General (a) Maintain a lower tax rate: This has been done. (b) Monitor Harris County Appraisal District: This is being done. (d Push harder f~r private ,money for parks: Write letter to. the committee. thanking them for their efforts and encouragi ng:more.parti ci pati on. . . .. (d) School: work with HISD (open communication) so they will keep us from having to district our children out of . West University Place. Encourage HISD to buy best site. This is. being done. (e) Expand Liberty Hill Park: Staff reported a resident who [ wanted to ta 1 k to the. Ci ty Manager in reference to the . expansion. . · COUNCIL COMMENTS: - Councilmember Watson inquired into the status of the solicitation ordinance. Councilmember Redeker advised Council of a Metro meeting scheduled for November 14,1990,.,. and urged them to,.. attend to be knowledgeable of Metro's options. Councilmember Bell expressed concern, over_ the parking tickets issued to res i dents. Mi ke Tanner recommended Counc i 1 cons i der prioritizing police activities and recommended the use of warnings in certain circumstances. Councilmember Bell expressed, concern ,that the city was dealing harshly with builders and mailing tickets for violations to them. Mayor Higley suggested the bui.lders deserved the tickets. STAFF REPORT: Ci ty Manager Mi ke Tanner requested Chi ef Gri ffi th report on the parking citations issued for cars parked in driveways but extending over the sidewalks. l u City Council Workshop Session, November 5, 1990 Chief Griffith explained that several months ago an article was published in the "City Currents II complaining about residents walking and jogging in the streets instead of using the sidewalks. That complaint brought up the issue of cars blocking sidewalks. After that". staff ,put an article in the "City Currents" in August. that.. the police department would begin enforcing the law which prohibits cars parking across sidewalks. We underestimated the number of occurrences. Citations were issued from 5:00 a.m. to approximately 8:00 a.m. Mike Tanner reported that the morning: following, staff received a number of complaints.. Staff met with the Municipal Court personnel to decide what could. and could not be done. The law behi nd -the citati ons ;.S good. It is a State 1 aw, however, the city has not enforced it in recent years. Staff discussed something that would be fair., Each and every person will have to go to court and the judge wi 11 1 i sten to them and see what is fair. What staff will do in the future is make sure there is an introductory program and .give a warning to notify them first and make them understand in the future a _ specific ordinance would be enforced. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by Counc.ilmember Jenkins, seconded by Counci lmemberWatson, that the workshop session adjourn. Such motion carried and the workshop session was adjourned at 8:45 p.m. Laura C. Higley Mayor 6 CITY COUNCIL PUBLIC-HEARING AND SPEClALMEETI NG MONDAY,. NOVEMBER S, 1990 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. . 7: 30,P. M. ************************.******.*****.*****. . .' . ~ ' . L City Council convened in a public hearing in the Municipal Building, 3800 University Boulevard, 'in the City. of West University Place, on Monday, November 5, 199091 wi th the fo 11 OWl ng .. members present: Mayor Higley, presiding;. Councilmembers Bell, Jenkins, and Redeker. Counci lmember Watson was absent. Al so present were the City Manager, City Secretary , the Di recto'r of Pub 1 i c Works, Di rector of .Fi nance and Administration, the Fire Chief and the Chief of Police. ; I" . ~ t Mayor Higley announced 'the purpose of the.pubJic hearing .was to provide an opportunity for taxpayers and.interested parties to be heard in relation to the proposed 1991 Budget. Mayor Higley invited comments and questions from the audience. ( Hearing no comments or questions from the audience, Mayor Higley asked for a motion to adjourn the public hearing on the proposed 1991 Budget. Mo ti on was made by Cou noil membe r Bell. seconded by Counc i 1 membe r [. Jenkins, that the public hearing adjourn. l Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker None Councilmember Watson Immediately following the public hearing, City Council convened in a special session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on MondaY9 November 5, 1990, with the following members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and Redeker. Councilmember Watson was absent. Also present were the Ci ty Manager, Ci ty Secretary, the Di rector of Pub 1 i c Works, Director of Finance and Administration, the Fire Chief and the Chief of Police. ORDINANCE ADOPTING THE BUDGET FOR FISCAL YEAR 1991: Mayor Higley presented Ordinance Number 1381 and read the caption as follows: ORDINANCE NUMBER 1381 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNNING JANUARY 1, 1991 AND ENDING DECEMBER 31, 1991; APPROPRIATING FUNDS FOR SUCH BUDGET; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. [ . City Council Public Hearing and Special Session, November 5, 1990 COpi es of Ordi nance . Number 1381, 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 Jenkins, seconded by Council- member Redeker, thatOrdi nance Number 1381 be accepted on first reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker None Councilmember Watson ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR 1990: Mayor Higley presented Ordinance Number 1382 and read the caption, as foll ows: ORDINANCE ~UMBER 1382 AN ORDINANCE LEVYING AND ASSESSING ,AD VALOREM TAXES FOR TAX YEAR 1990; CONFIRMING AND GRANTING EXEMPTIONS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. _ ~ .. _ ! J ,. Copies of Ordinance Number 1382, 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 . byCounc i 1 member Be 11 9 seconded by .,Counc i 1 member Redeker, that Ordi nance Number 1382 be accepted on fi rst readi ng as presented. \ -. :'(j', ': 'll ., ,-t : I I ~ Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Je.nkins, Redeker None . Councilmember Watson ',- .".' ", 'i TEXAS MUNICIPAL RETIREMENT SYSTEM: Mayor Higley presented Ordinance Number 1383 and read the caption as foll ows: J . ORDINANCE NUMBER'1383 AN ORDINANCE AUTHORIZING. AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS . MUNICIPAL l RETlREMENTSYSTEM, IIUPDATED SERVICE CREDITSII IN SAID SYSTEM FOR SERVICE PERFORMED BY QUAU FYING 'MEMBER,S. OF SUCW SYSTEM WHO' PRESENTL:Y ARE ,IN THE EMPLOYMENT OF THE CITY OF WEST UNIVERSITY PLACE1;~' AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. .1:.'.,,':.' \. li : !~. -~ f i -;' .,.~,' r j , I' 1 :. ,:' ,-' -,' ,1: J I .:; ..-: ~-. ~- r I 1) 'f .. { .~ i ' 8 City CounciLPublic Hearing andSpe,eiaJ Session, November 5, 1990 Copies of Ordinance. Numb ere .. 1383, in the form. required for L adoption, were available to all members of City Council and a reasonable. number of additional copies a.vailab1e to interested .... citizens present. Motion was made by Counci1member Redeker, seconded by Counci1- memberSe 11 ,tha t O~di nance I Number. 1383 be accepted on first reading as presented. Voting Aye: Voting No: Absent: Mayor. Higley, Councilmembers Bell, J~nkins, Redeker None Councilmember Watson. Mayor Higley presented'~Ordinance~~Number 1384 and reaQthe Gaption, as follows: ORDINANCE NUMBER 1384 AN ORDINANCE GRANTING TOCITY.EMPLOYEES ADDITIONAL RIGHTS AND CREDITS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AS AUTHORIZED BY SECTION853~303, TITLE 8 OF THE GOVERNMENT CODE. .. Copies of Ordinance Number 1384, in the form required for adopti on, were avail able to all members of Ci ty Counci 1 and a reasonable number of additional copies av.ai1ab1e to interested citizens present. Motion was made by Councilmember Redeker, seconded by Counci1- member Bell, that Ordinance Number 1384 be accepted on first reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Counci1members Bell, Jenkins, Redeker None Counci1member Watson Mayor Higley presented Ordinance Number 1385 and read the caption, as follows: ORDINANCE< NUMBER 1385 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED. PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND AtLOWINGAND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL~. WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY.~ f. I Copies of Ordinance Number 1385, 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. C7 Ci ty Council Pub 1 i c Heari ng and' Specia 1 Sessi on, November 5, 1990 Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that Ordinance Number 1385 be accepted on first read i ng as presented. . . - Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker None Councilmember Watson j Mayor Higley presented Ordinance Number 1386 and read the caption, as follows: ORDINANCE NUMBER 1386 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HEREAFTER PERFORM ACTIVE SERVICE IN THE ARMED FO'RCES (OR THEIR. RESERVES .OR. AUXILTARIES) OF THE UNITED STATES UNDER HONORABLE . CONDITIONS, TO APPLY AND MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR LIMITED PORTIONS OF SUCH MILITARY SERVICE, AND PROVIDING FOR PAYMENT BY THE CITY OF ITS SHARE OF THE COSTS OF ALLOWING SUCH CREDITS. Copies of Ordinance Number 1386, 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 Counci lmember Jenkins, seconded by Council- member Redeker, that Ordi nance Number 1386 be accepted on fi rst reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker None Councilmember Watson GOALS AND OBJECTIVES: Mayor Higley deferred consideration of Council Goals and Objective~ to the workshop session. HEARING OF RESIDENTS: Mayor Higley recognized Tina Mirojani, 3821 Tennyson, who wished to speak. Ms. Mirojani expressed her concern over the police officers ticketing residents for cars parked in driveways but extending across the sidewalk. I I .-J Mayor Higley explained that while those ticketed would be required to appear in Municipal Court, City Council would re-address the issue to determine the appropriate enforcement procedures. 10 City CouncilP.lJblic .Heqring qnQ~pecial Session, Nqvernb~r 5, 1990 COUNCIL COMMENTS: No member of City Council had anyt~ing furthe~. for :<;:onsideration at this time. STAFF REPORT: '. . Ci ty Manager Mi ke Tanner had nothi ng further for Counc ill s consideration at this time. ADJOURNMENT: '1.-"'" . With no further business to come before City Council at this time, motion.was , made ,..by: CQuncjlmeJ:llber Jenkin~, seconded by Councilmember Re"deker,. that.the ,special. session adjourn to reconvene the workshop" se~isio.~.. ~:.;Such motion carried and the special session was adjourned at 7:,40, p.m. .I " " ,\ i :!l, i., \_:. Laura C. Higley . Mayor ~~lS~ City Secr ary '.,"' '. "-'. [ [ Jl Jl' CITY COUNCIL WORKSHOP SESSION MONDAY, NOVEMBER 12, 1990 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, November 12, 1990 ,with the 'following members.. present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the City Manager, City Secretary, Director of Finance and Administration, Director of Public Works, the Fire Chief and the Chief of Police. MATTERS RELATING TO THE NEWCOMERS BROCHURE: Susan Freeman, Jean Howse and Peggy Pentecost, representi ng the Communications Committee, reviewed the newcomers brochure with the members of Council. Several corrections and amendments were suggested. It was generally:agreed that a heavier stock paper should be used. Susan Freeman would have the corrections and amendments incorporated into the master document and then distribute it to staff for final editing before sending it to the printer. AGENDA REVIEW - DISCUSSION ONLY:: City Attorney Jim Dougherty arrived at 7:00 p.m. City Council reviewed the regular. session :agenda. The City Attorney pointed out that there are two. statutes for amending the city's budget: the state law and the' city charter. The budget amendment ordinance which would be under consideration during the regular session, is based on the charter which is more discretionary than state law. ., I Mr. Dougherty advised that the agreement with Coastal Corporation not .be : fuHyaccepted by Council until such time as the city receives :a: special certificate from. Coastal pertaining to the -',Mayor Pro Tern's: employment' with, Coastal. City CounciJ. concurred they would authorize' thEf execution of the agreement pending receipt of the special certificate. Mayor Higley recessed the workshop session at 7:30 p.m. to convene in regula~'session~ D At 8:00 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor Higley presiding, Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the City Manager, City Secretary, Director of Finance and Administration, Director of Public Works, Chief of Police and the Fire Chief. 12 Ci ty Counci 1 Workshop, November 12, 1990 MATTERS RELATING TO THE JOINT PROJECT WITH METRO FOR PAVING OF RICE l BOULEVARD - DISCUSSION ONLY: .~ City. Council accepted this item, for consideration during the regular session. MATTERS RELATING TO THE REPAIR CONTRACT FOR THE 24" OUTFALL FAILURE AT THE WASTEWATER TREATMENT FACILITY - DISCUSSION ONLY: City Manager Mike Tanner explained that the previous request to Council did not clearly define the request to include $5,150.00 to slipline the existing outfall line and for approximately 30 cubic yards of cement grout. These items are necessary to repair the outfa 11i n accordance with the requirements of the Harris Flood Control District. Staff was requesting approval of the additional funding to include these items in the contract with Bearden Contracting Company. MATTERS RELATING TO CONSTRUCTION OF THE 12 INCH AND 8 INCH WATER LINE FOR MAJOR DISTRIBUTION IMPROVEMENTS - DISCUSSION ONLY: Director of Public Works Curtis Cooper explained staff was requesting authorization to advertise for bids for this project. MATTERS RELATING TO CONTRACTS AND PURCHASES FOR CITY COUNCIL APPROVAL: Mr. Tanner explained/that under existing procedures a purchase of l $5,000.00 or more must be presented to Coundl four times. The - purchase is (a) budgeted, (b) authorizetl for bidding, (c) contract awarded, and ( d) payment approved. Mr . Tanner suggested the process be minimized so that approval of the budget would authorize staff to advertise and the award of the contract would permit payment. After discussion, City Council agreed that approval of the budget ,would authorize staff toadverti se for bids. However, the remaining steps should remain in place. MATTERS RELATING TO THE CITY HALL CHRISTMAS TREE: Mr. Tanner reported that staff received quotes for the purchase of a living Christmas tree for the City Hall lawn. After discussion City Council, by general consent, authorized staff to purchase a 16 foot Cypress at the cost of approximately $300. COUNCIL COMMENTS - DISCUSSION ONLY: Councilmember Jenkins requested consideration be given to requiring a cul de sac at the end of the Virginia Court Street extension. . [ City Council Workshop, November 12, 1990 STAFF REPORT:. .l.J The City Secretary distributed a memo concerning a request to appoint a resident to the Recycling Committee. Mayor Higley suggested the Co-Chairs be contacted to determine if there was a vacancy on the committee. City Manager Mike Tanner reported that demolition of the elevated storage tank on Wakeforestat westpark was almost complete. He . advised that water pressurewouTd be lower than normal until the project was completed in June or July..of next year. ADJOURNMENT: With no further business .to come before City Council at this time, motion was made by CouncilmemberWatson, seconded by Councilmember Redeker, that the workshop session adjourn. Such motion carried and the workshop was adjourned at 8:55 p.m. Laura C. Higley Mayor CLh, ~. Audrey Ni~ s . City Secr ary · . I I J 14 , , REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 12, 1990 MUNICIPAl.BUILDING .3800 UNIVERSITY BLVD. 7: 30 P.M. ' **************************************** . . L City Council convened in. regular session in the Municipal Building, 3800 University Boulevard, ;.i1 the' City of West University Place, on Monday, November 12, 1990,rwith the following, members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. A 1 so present were the Ci ty Manager, Ci ty Secretary, Ci ty Attorney, Director of Finance and Administration, Director of Public Works, the Fire Chief and the Chief of. Police. Councilmember Redeker delivered the invocation and led the Allegiance to the Flag. INTRODUCTION OF NEW.PERSONNEL~ Director of Finance and Administration Donna Sims explained that the new personnel in her department were not able to attend, but would be introduced at the next regular session. 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. Jim Hall, 2740 Cason, expressed his concern over a utility pole that the cable TV company placed in his front yard. City Manager explained the pole was a part of the cable TV construction to update the city's system. However, he would take a look and make sur~ it met the requirements of the franchise. Bernie Minard, 2639 Pemberton Drive, explained he received a ticket for parking his car in his driveway so that it extended out over the sidewalk. He asked for an interpretation of the law and the procedures for enforcement. Mayor Higley explained the law and that in the future warnings would be issued. The residents would be informed. Dorothy Rieger, 6516 Brompton, thanked City Council for placing her husband1s memorial Sun Dial at City Hall. 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. [ .LV City Council Regular Meeting, November 12, 1990 ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Item No. 16, Contract for utility Billina Service. and Item No. 21, Rice Boulevard Paving, Project, were removed from the consent agenda. CONSENT AGENDA: Motion was made by CounCilmember Jenkins, seconded by Council- member Watson, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Redeker, Watson None None Bell, Jenkins, / FEE SCHEDULE: Mayor Higley presented Ordinance Number 1380 for second reading and read the caption as follows: ORDINANCE NUMBER 1380 AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; AMENDING ORDINANCE NUMBER 1366 ADOPTED MARCH 12, 1990; CONTAINING A PROVISION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTMN CIRCUMSTANCES; CONTAINING FINDINGS AND "OTHER 'PROVISIONS RELATING TO, THE SUBJECT. " . . - ~ . . . Copies of Ordinance Number 1380, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested ci ti zenspresent.,: Motion was made by Council member Redeker, seconded by Council- member Bell, that Ordinance Number 1380 be adopted on second reading as presented. . , Voting Aye: Voting No: Absent: Mayor Higley~ Councilmembers Bell, Jenkins, Redeker, Watson None None ORDINANCE ADOPTING THE BUDGET FOR FISCAL YEAR'1991: Mayor Higley presented Ordinance Number 1381 on second reading and read the caption, as follows: 16 City Council Regular Meeting, November 12, 1990 ORDINANCE NUMBER 1381 AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNNING JANUARY 1, 1991 AND ENDING DECEMBER 31, 1991; APPROPRIATING FUNDS FOR SUCH BUDGET; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. L Copies of Ordinance Number 1381, in the form required for adoption, were available to all members of City Council and a reasonable number of additional copies available to interested c it i zens present. . Moti on was. made by Counci lmember Jenki ns, seconded by Counci 1- member Redeker, that nrdinanceNumb~r 1381 be adopted on second reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR 1990: Mayor Higley presented Ordinance Number 1382 for second reading and read the caption, as follows: r L- . . ORDINANCE NUMBER 1382 AN ORDINANCE LEVYING AND ASSESSING AD VALOREM TAXES FOR TAX YEAR 1990; CONFIRMING AND GRANTING EXEMPTIONS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Copies of Ordinance Number 1382, 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 Number 1382 be adopted on second reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None TEXAS MUNICIPAL RETIREMENT SYSTEM UPDATED SERVICE CREDITS: Mayor Hi gl ey presented Ordi nance Number 1383 for second readi ng and read the caption, as follows: [ ..ll City Council Regular Meeting, November 12, 1990 ORDINANCE NUMBER 1383 AN ORDINANCE AUTHORIZING AND ALLOWING. UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF WEST UNIVERSITY PLACE; AND ESTABLISHING AN EFFECTIVE'DATE FOR SUCH ACTIONS. Copies of Ordinance Number 1383, 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 Redeker, that Ordinance Number 1383 be adopted on second reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None TEXAS MUNICIPAL RETIREMENT SYSTEM SIX ,MONTH PROBATIONARY SERVICE CREDITS: Mayor Higley presented Ordinance Number 1384 for second reading and read the caption, as .fo 11 ows: ORDINANCE NUMBER 1384 AN ORDINANCE GRANTING TO CITY EMPLOYEES ADDITIONAL RIGHTS AND CREDITS IN THE TEXAS 'MUNIOIPAL RETIREMENT SYSTEM AS AUTHORIZED BY SECTION!853~'303, TITLE 8' OF THE GOVERNMENT CODE. I /! . -.. Copies 'of Ordi:nanceNuniber 1384, i.n the form required for adoption, were available to all members of City 'Council and a reasonable number of additional copies avai"lable to interested, citizens present. Motion was made .by Councilmember Redeker, seconded. by Council- member Bell, that Ordinance Number 1384 be adopted on second reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson 'None None TEXAS MUNICIPAL RETIREMENl'iSYSTEM PREVIOUS ,MEMBERSHIP CREDITS:: Mayor Higley presented Ordinance Number 1385 on second reading and read the capti on, as follows: 1M City Council Regular,Meeting~November 12~ 1990 ORDINANCE NUMBER 1385 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM~ TO. DEROSIT THE SUMS SO WITHDRAWN~PLUS ANNUAL WITHDRAWAL CHARGES~ AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICLTOWHICH SU.CH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL~ WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY~ l Copies of Ordinance. Number, 1385~ in the form required for adoption~ were available to all members of City Council and a reasonable number of additional copies available to interested oitizens present. , , Motion was made by Councilmember Bell ~ seconded by Councilmember Redeker~ that Ordinance Number 1385 be adopted on second reading as presented. Voting Aye: Voting No: Absent: ., Mayor Higley~ Councilmembers Bell~ Jenkins~ Redeker~ Watson None None [ TEXAS MUNICIPAL RETIREMENT SYSTEM MILITARY SPECIAL CREDITS: Mayor Higley presented Ordinance Number 1386 for second reading and read the caption~ as follows: ORDINANCE NUMBER 1386 , ,!;' AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY ~ WHO PERFORMED OR HEREAFTER PERFo.RMACTIVESERVICE IN THE, ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE CONDITIONS~ TO APPLY AND MAKE DEPOSITS FOR~ AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR LIMITED PORTIONS OF SUCH MILITARY SERVICE ~ AND PROVIDING FOR, PAYMENT BY THE CITY OF ITS SHARE OF THE COSTS OF ALLOWING SUCH CREDITS. Copies of Ordinance . Number 1386 ~ 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 Redeker~ seconded by Councilmember Bell~ that Ordinance Number 1386 be adopted on second reading as presented. Voting Aye: Voting No: Absent: Mayor Higley~ Councilmembers Bell ~ Jenkins~ Redeker~ Watson None None [ .LV City Council Regular Meeting, November 12, 1990 ORDINANCE AMENDING THE 1990 BUDGET: . Mayor Higley presented Ordinance Number 1387 for first and final reading and read the caption, as follows: ORDINANCE NUMBER 1387 AN ORDINANCE AMENDING ORDINANCE NUMBER 1357 WHICH APPROVED TH~ BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE, FISCAL YEAR BEGrNNING JANUARY. I, 1990, AND ADOPTED ON NOVEMBER 13, 1989; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. Copies of Ordinance Number 1387, 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 Counci lmember Watson, that Ordinance Number 1387 be adopted on first and final reading as presented. l Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Redeker, Watson None None Be 11, Jenki ns, AUTHORIZATION TO ADVERTISE FOR BIDS: Consi derati en i was given to., authorize' advertisi.ng for bids for the following: ' (a) Maintenance contract. itor: parks, vacant ,'lots, street rights-of-way, 'medians, Public Works area and Westpark; (b) Contract for custodial services for City Hall; and ; { '. . . (c) Constructi on of 12 inch: and 8 inch water 1 i nes for major distribution improvements. Motion was made by Counci 1 member Jenkins, seconded by Counci 1- member Watson". that City ,Council 'authorize advertis.ing for bids for the items listed. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Voting No: Absent: ~ I _J WASTEWATER TREATMENT FACILITY 2411 OUTFALL LINE: Consideration was given to approving additional funding for Bearden Contracting, Co., to slipline and grout the existing 20 City Council Regular Meeting5 November 125 1990 outfall 24" line at the Wastewater Treatment Facility for a total 'L project contract amount of $3l5650.00. Council previously approved a contract with Bearden in the amount of $275560.00. Motion was made by Councilmember Councilmember Watson5' that City 'Council funding to repair the 24" outfall line at Pl ant faci li ty. Voting 'Aye:' Mayor HigleY5 Counci.lmembers Bell 5 Jenkins5 Redeker5 Watson VotingNo~. No~e Absent: None Jenkins5 seconded by approve the addi~ional the Wastewater Treatment , .., . CONTRACT FOR UTILITY BILLING SERVICE:. . j'>' Councilmember Bell submitted the following: "AFFIDAVIT STATE OF TEXAS 9 COUNTY OF HARRIS 9 BEFORE ME5 the undersigned authoritY5 on this day personally appearedC. W. (Buddy) Be1l5 Jrq wh05 being by me duly sworn did depose and say as follows: L My name is C. W. (Buddy), Bell, Jr. I have a "substantial interest" in the Coastal Corporation (the "business entitY")5 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 .a vote or decision of the City Counci 1 to contract wi th the Coastal Corporation for utility billing folding and envelope stuffing services mayor may not peculiarly affect the business entity. I am taking this action. to avoid any appearance of conflict of interest. I intend to abs.tain from participation in any action regarding this matter5 and I am filing thisafftdavit to ..be in compliance with the Texas Local Government Code .and the City Charter. Signed: STATE OF TEXAS 9 COUNTY OF HARRIS g BEFORE ME 5 a notary pub 1 i c 5 on thi s day personally appeared Buddy Bell 5 known to me to be the person [ ... .L City Council Regular Me.eting,November 12,~1990 l --1 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 12th. day of November , A;D., 1990 .. Notary Public, Signature My Commission expires: seal FILED with me, the official record keeper of, the ,City of West University Place, Texas on this the day of , 1990. l ~ Audrey Nichols CitySecretaryll Motion was made . by 'Councilmember Redeker, seconded by Councilmember Jenkins, that' City: Count~l approve .the Letter of Agreement with Coastal Corporation for utility billing inserting services pending receipt of the certificate from Coastal Corpora- tion concerning the employment of Councilmember Bell. Voting Aye: Mayor Higley, Councilmembers Jenkins, Redeker, I . - , ~, W:a tson _ ' . Voting No: None Absent: None Absta'ining: Councilmember Bell CITY MANAGER SEARCH FIRM: Consideration was given to authorize payment of $96.02 to Ralph Andersen & Associates for reimbursable expenses ,in. connection with the search of city manager. , . Motion was made by Counc.ilmemberJenkins, seconded by Council- member Watson, that City Council authorize payment of $96.02 to Ralph Andersen & Associates. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None:'". Voting No: Absent: I -.J 22 City Council Regular Meeting, November 12, 1990 [ WATER LINE REPLACEMENT PRIORITY AREA 2b: Consideration was .given to the following submitted by RWL Construction, Inc., on the water line replacement project: (a)' Monthly Estimate No.4 in ,the amount of $122,614,52 for work performed September 26 through October 25, 1990; and (b) Change Order No. 2 in;the amount of $625.00. Motion was made by Councilmember Jenkins, seconded by Counci 1- member Watson, that City Council approve Monthly Estimate No. 4 and. Change Order No.2 submlttedby RWL Construction, Inc., as li sted . . Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None SANITARY SEWER RENOVATION PRIORITY AREA 3: Consideration was given to Monthly Estimate No.. 6 i.n ,the amount of $440,203.54 submitted by 'George M. Construction Company, Inc., for work performed September 26 through October 25, 1990 on the sanitary. sewer renovation project. L Motion was made by Councilmember Jenkins, seconded by Councilmelllber Watson, that Monthly Estimate No. 6 in the amount of $440,203.54 submitted by George M. Construction Company, Inc., be approved for payment. Voting Aye: Voting No:. Absent: LEGAL SERVICES: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Consideration was given to the invoice in the amount of $4,137.75 for services rendered. on the city I s behalf for the month of October ,1990. Motion was made by Councilmember Jenkins, seconded by Council- me.mber Watson, that the invoice for 1 ega 1 servi ces fqr the month of October 1990 be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None [ Ii.slO City Council Regular Meeting. November 12. 1990 RICE BOULEVARD PAVING PROJECT: Councilmember Redeker submitted the fo 11 owi ng: "STATE OF TEXAS ~ COUNTY OF HARRIS ~ AFFIDAVIT BEFORE ME. the undersigned authority, on this day persona lly. appeared' " Ms. .Janet Rede.ker who. being by me duly sworn did depose and say as follows: My name is Janet.. Redeker. I have a "substantial interest" in the Metropolitan Transit Authority (the "business entity"). 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 contract with Metro for the paving of Rice Boulevard. I intend to abstain:!:from,'panticipation in any action regarding this matter. and I am filing this affidavit to be in compliance with the Texas Loca-l Government Code and the City Charter. Signed: STATE OF TEXAS ~ COUNTY OF HARRIS ~ BEFORE ME. a notary public. on this day personally appeared Janet Redeker .' known to me to be the person whose name is subscri bed to the foregoi ng .document and being by me first duly sworn, declared that the statements therein contained are tYlueland correct.. Given under my hand and seal of office this day of' . A. D...~ 19. , .. . '. '- .1 ~ .l .! t..' Notary Public. Signature My commission expires: J 24 City Council Regular Meeting, November 12, 1990 FILED with me, the official record keeper of the City of West University Place, Texas on this the day of , 1989, at o'clock .m. L Audrey Nichols, City Secretary" Consideration was given to approving and authorizing the. Joint Project with Metro for paving of Rice Boulevard from Kirby to Community Drive. Motion was made .by Councilmember Watson, seconded .byCouncilmember Jenkins, that City Council. approve the Transportation Improvement Agreement between the City of West University Place and the Metropo 1 itan Trans i t Authority of Harris County, Texas, for the rehabi:litation of, or improvements to, the riding surface of Rice Boulevard from Kirby Drive to: Community Drive with some concrete curbs and gutters and storm drainage improvements at an estimated cost to the city of $215,000.00. Voting Aye: Voting No: Absent: Abstaining: Mayor Higley, Counc.ilmembers Bell, Jenkins, Watson None None Counci 1 member Redeker. Consideration was given to the minutes of the City Council meetings, as follows: L CITY COUNCIL MEETING MINUTES: (a) City Council Workshop Session, October 22, 1990; (b) City Council Regular Session, October 22, 1990; (c) City Council Workshop Session, November 5, 1990; and (d) City Council Budget Hearing and Special Session, November 5, 1990. Mot i on was made by Counc i 1 member Bell, seconded by Counc i 1 member Jenkins, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None COUNCIL COMMENTS: Councilmember Redeker inquired as to who would be attending the Harr;s County Mayors. Counc;l Assoc;at;on meet;ng on November 15. [ Councilmember Bell and City Manager Mike Tanner agreed to go. l .&,;Ift::F City Council Regular Meeting, November 12, 1990 Councilmember Redeker asked if the water billing complaints were being responded to. Director of Finance and Administration Donna Sims explained that every complaint or inquiry was responded to by staff. Councilmember Bell asked if City Council was going to have prepared a resolution honoring Judge Michael Schneider for his years of service to the community. It was agreed to have the resolution prepared for Council's consideration. Mayor Higley reported her neighbor had her car stolen ona Sunday morning. The neighbor and her family were leaving for church when they discovered the car was stolen. They called the Police Department. After the police obtained the necessary information, the police officer put the family in the police car and took them to church. The nei ghbor called the Mayor to express her appreciation for the special service. STAFF REPORT: Ci ty Manager Mi ke Tanner had nothi ng further for Counc i l' s consideration at this time. ADJOURNMENT: With no further business to come before City Council at this time, motion was made by CouncilmemberWatson, seconded by Councilmember Bell, that the regular session adjourn. Such motion carried and the regular session adjourned at 7:56 p.m. Laura C. Higley Mayor h ?4dd. Audrey Ni ols. City Secretary TI I ! 26 CITY COUNCIL WORKSHOP SESSION MONDAY, NOVEMBER 26, 1990 MUNICIPAL BUILDING 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, November ,26, 1990, with the following members present: Mayor Higley, .presiding; Counc:ilmembers' Bel1,..Jenkins and Watson. Council:" member Redeker was absent.. A 1 so.present.were theCi ty Manager, City Secretary, Director of Finance and Administration, the Deputy Director of Operations, the Fire Chiefand.the Chief of Police. AGENDA REVIEW - DISCUSSION ONLY: City Council reviewed the regular session agenda. MATTERS RELATING TO THE TAPI:.EY-LUNOW PARKS DESIGN DEVELOPMENT - DI SCUSS ION ONL Y : Charles Tapley and Jim Patterson from Tapley-Lunow Archi tects presented the des i gn development of each park. With each pa,rk, the architectsaddr.essed a number of issues so that the design woul dcompl iment ,that particular site and the surrounding neighborhood~ Questions ,~were ;o-ffered as to the type of maintenance that would be required and what type of surface would be provided for the tot lots. Another question arose over the availability of basketball goals. City Manager Mike Tanner advised that the design development plan was one that could be phased inso that it was affordable. . MATTERS RELATING TO THE WERLEIN STREET CLOSURE REQUEST AND CALLING A PUBLIC HEARING - DISCUSSION ONLY: Mike Tanner presented a proposed street closure process for Council's review, as follows: 1. 90% of the residents in the block affected must formally request the street be closed (form provided by the City must be signed and notarized). 2. A study performed by the Staff and Traffic Committee to determine if it is feasible to close the street. 3. A plan to close the street is prepared by the Staff and Traffic Committee. 4. The City Council reviews the plan and calls a public hearing. [ ~I City Council Workshop Session9 November 269 1990 5. A public.hearing is held to present the request9 feasibility studY9 plan and cost to implement. 6. The City Council orders the street closed accordi ng to the plan. The plan is implemented when 100% of the cost to do so is paid by residents in the block affected. Mr. Tanner requested to come back to Council at a future workshop with more specifics such as how the streets would be ended to meet the liability needs of the city and the aesthetic needs of the neighbors. At this particular site9 drainage is from Kirby to Werlein and will dictate the type and extent of the closure. Mr. Tanner did not advocate abandoning the street right-of-way. After discussion9 City Council generally accepted the Street Closure Process and agreed to consider calling a public hearing to hear citizen comments on the proposed Werlein Street closure. Mayor Higley recessed. the workshop session at 7:30 p.m'9 to convene in regular session. At 8:10 p.m.9 Mayor Higley reconvened the workshop session with the following present: Mayor Higley presiding9 Councilmembers Bel19 Jenkins9 and Watson. Councilmember Redeker was absent. A 1 so present were the City Manager 9 City Secretary 9 Director of Finance and Administration9 the Chief of Police9 the Fire Chief and the Deputy Director of Public Works. MATTERS RELATING TO PRIORITIZING POLICE ACTIVITIES: Chief Griffith presented a picture of the service and enforcement activities of the Police Department. The basic mission of the department is to provide protection and perform community oriented service. The organization is committed to the provision of services in a "small town" friendly manner and provides a wide array of services. The department is enforcement oriented. Chief Griffith submitted criteria sheets for each shift to give a clear picture of how the department meets its mission. The City Manager presented for Council' s ~pprova 1 patrol priorities9 as follows: 1. Calls for assistance '. '~ 2. Visible security * Every home snall be passed a minimum of 7 times a day (2 during the day shift9 2 during the evening shift and 3 during the night shift) * Every vacation home 'shall be checked 2 times a day (1 during the day shi.ftand 1: during the :night shift) ~M City Council Workshop Session, November 26, 1.990 * Every business shall be checked 1 time during the night shift L * Every City facility and park shall be checked 3 times a day (1 during each shift) * Every school function and athletic event shall be checked 3. Traffic enforcement * . Every active school zone shall be monitored and traffic laws rigidly enforced * Every minor thoroughfare shall be routinely patrolled and traffic laws enforced, * Every major thoroughfare shall be monitored during periods of volume and traffic laws rigidly enforced * Every major thoroughfare shall be routinely patrolled and traffic laws enforced 4. Code Enforcement Mike Tanner pointed out that calls for assistance were first. Traffic is second with the school zone having priority. Every U~."...... schoo 1 functi on and actj vi ty will be checked. Code enforcement . was at the bottom of the list, but would still be done. It, however, would not be covered. as intensely as currently provided. Mr. Tanner requested comments from Council. Members of Council urged the police department to be more friendly with the residents. Another comment was that a large amount of time was spent in the office rather than on the streets. Council stressed a uniform method of notifying residents of code violations be developed. It was agreed that the Police Department would strive for a more open and friendly attitude; to minimize the time spent in the office and maximize the time spent on the streets. City Council agreed to accept the patrol priorities as presented. MATTERS RELATING TO CITY HALL DESIGN - DISCUSSION ONLY: Mr. Tanner suggested that Council consider some modifications to the city hall facility. There are modifications that can be made to make the building more .functional and meet the needs of staff which willi n turn provide more efficient service to the residents. Mr. Tanner pointed out the following: (a) the City Council Chamber/Municipal Court room has a maximum occupant load of 130 persons. Approximately 155 people attend each Municipal Court session. n L..i """017 City Council Workshop' Session;. November 26, 1990 (b) The city woul d be able to better accommodate the many meet i ngs he 1 din city ha 11 if there was another conference room. (c) The city's records. are stored off-site at the Recycling Facility which is not designed for adequate record storage. (d) There is approximately 630 square feet dedicated to 6 employees, their work stations, records storage and the general public in the Engineering and Construction Department. There is a need for a centralized and adequate office. (e) The heating and air-conditioning equipment needs to be updated. (f) The Fire Station needs improvements to function efficiently and effectively. Mr. Tanner requested Counc i 1 cons i der authori zi ng him to contact architects to look at the building and determine what the estimated cost would be for a needs assessment. After that, Mr. Tanner would report back to Council for them to decide whether to proceed. After discussion, City Council agreed and authorized the City Manager to contact architects for a cost estimate of a needs assessment. COUNCIL COMMENTS: - DISCUSSION ONLY: Mayor Higley reported that a meeting would be held on December 3, 1990 at 7:00 p.m. in the West University Elementary School Cafeteri a to di scuss the expans i on school to re li eve the over crowding in West U Elementary and Poe School. Mayor Higley reported that the representative from Southwestern Bell Telephone contacted her. The telephone company is not pleased that the Publ ic Util ity Commission did not accept their negotiated rate' settlement and Southwestern Bell may request a rate increase. Counc i 1 member Jen k ins i nqu i red as to whether a time schedul e to accomplish the goals and objectives was available. Mr. Tanner would report to Council on the goals at a future workshop. STAFF REPORT: -----, j The City Secretary reported that there was a vacancy on the Recycling Committee and asked for direction for the appointment of Bill Arnold as recommended by the committee. City Council agreed a resolution should be prepared for the appointment. 30 City Council Workshop'Session, .Novemb~r 26,1990 ADJOURNMENT: . , , , With no further business to come ;before,City Council at this time, motion was made by Councilmember Watson, seconded by Councilmember Bell, that the workshop :session adjourn. Such motion carried and the me,eting was adjourned; at :9: 10 ,p.m. , ..) - , " ~ -. ~dal, Audre~Ni. ol~ Clty Secretary i ( Laura C,. Higley Mayor r L \ L [ tJ.A. REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER .26, 1990 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 7:30P.M; **************************************** City Council convened in regular session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, November 26, 1990, wi th the fo 11 owi ng members present: Mayor Higley, presiding; Councilmembers Bell, Jenkins and Watson. Counci 1member Redeker was absent. Also present were the Ci ty Manager, City Secretary, City Attorney, Directo.r of Finance and Administration, Deputy Director of Pub1 ic ,Works" the Fire Chief and the Chief of Pol ice. Counci1member Watson delivered the invocation and led the Allegiance to the Flag. RESOLUTION RELATING TO MAYOR FOR THE DAY : Consideration was given to Resolution Number 90-18 honoring John Robert Semands as Mayor For The Day. Mayor Higley read the resolution as follows:.; , . RESOLUTION NUMBER 90-18 WHEREAS, the City of Wes t . Univers ity P1 ace" is fortunate to have outstanding young people 1 iving,in the city; and WHEREAS, the West University Elementary Parent Teacher Association helps provide excellent opportunities for it students; and WHEREAS, John Robert Semands. won the position of Mayor ForlThe, I nay. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: . , Section 1. That' the Ci.tyCounci1 is .p1eased to have John Robert Semands as Mayor for the Day. Section 2. That City Council hopes John Robert Semandsenjoys this day and remembers. it as an opportunity to become better acquainted with his city government. 'Sect.ion 3-~. . That.this Resolution be spread in full upon the minutes of the City Counci 1 and the Mayor be,. and she is hereby, authorized to deliver to John Robert Semands a true copy hereof, signed by each member of the City Council present. 32 Regular City Council Meeting, November 26, 1990 Laura C. Higley, Mayor: Buddy Bell, Councilmember Janet L. Redeker, Councilmember Jim Jenkins, Councilmember Bill Watson, Counci1member Attest: (SEAL) Audrey Nichols, City Secretary Approved as to Form: James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Jenkins, seconded by Council- member Bell, that Resolution Number 90-18 be adopted as presented and read. Voting Aye: Voting No: Absent: Mayor Higley, Counci1members Bell, Jenkins, Watson None Counei lmember Redeker. INTRODUCTION OF NEW PERSONNEL: Director of Finance and Admini.stration Valerie Sneed, Receptionist; and Accountant. Donna Sims introduced Grabiella Perez, Senior Services Manager Sharon Reusser introduced Jack Meyers, Assistant Senior Services Manager. 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:JMayor 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 l I- I L /- L UlUl Regular City Council Meeting, November 26, 1990 ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of Ci ty Counci 1 suggested remov i ng an i tern from the consent agenda. CONSENT AGENDA: Motion was made by Counci 1member Jenkins, seconded by Counci 1- member Bell, that the consent' agenda be approved in accordance wi th s ta ff recommendation.,! Voting Aye: Voting No: Absent: Mayor. Hig1ey~Counci1members Bell, Jenkins, Watson None .. Counci1member Redeker ORDINANCE SUSPENDING PROPOSED HL&P RATES: .J i Mayor Higley presented the following affidavit and requested Mayor Pro Tern Bell to preside over this agenda item. IIAFFIDAVIT STATE OF TEXAS ~ COUNTY OF HARRIS ~ BEFORE ME, the unders i gned authori ty., on thi s day personally appeared LauraC:.! Higley, who, being by me duly sworn did depose and say as follows: , ,. My name is Laura C. Higley. I have a IIsubstantia1 interestll in the Baker & Botts Law Firm (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 bel ieve that a vote or decision of the City Council to suspend the operati~n of the proposed schedule of rates for electric utility service filed by Houston Lighting & Power Companyma~or may not have an affect on my law firm.' I am. taking thisact,ionto.avo:td .any, , I appearance of conflict of interest. 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. " -;.1 :,:" f Signed: STATE OF TEXAS ~ COUNTY OF HARRIS 9 BEFORE ME, a notary public, on this day personally appeared , known to me to be the .' \ , . - ,~ : , ~4 Regular City Council Meetirig, November ,26, 1990 person whose name is subscribed to the foregoin~ document and, being by me first duly sworn, declared that the statements therein contaiped are true and correct. Given under my hand and seal of office this day of , A.D., 1990 . I L seal Notary Public, Signature My Commission expires: FILED with me, the official record keeper of the City of West University Place, Texas on this the day of , 1990, at .... ,o.clock .m. Audrey Nichols City Secretary" Mayor Pro Tern Bell presented Ordinance Number 1388 and read the caption, as follows: CITY OF WEST UNIVERSITY PLACE ORDINANCE NUMBER 1388 AN ORDINANCE SUSPENDING. THE OPERATION OF THE.. PROPOSED SCHEDULE OF RATES FOR ELECTRIC UTILITY SERVICE FILED BY HOUSTON LIGHTING & POWER COMPANY; CONTAINING FINDlNGS. AND OTHER PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EMERGENCY. Copies of Ordinance Number 1388, in the. form required for adopti on ,wereava i 1 abl e to all members-. of City Council and a reasonable number of additional copies available to interested citizens present. Motion was. made .byCouncHmember Watson, seconded by Councilmember Jenki ns, that Ordi nance Number 1388 be adopted on fi rst and fi na 1 reading as presented. Voting Aye: Voting No: Absent: Abstaining: Mayor Pro Tern Bell, Councilmembers Jenkins, Watson None Councilmember Redeker Mayor Higley TEXAS MUNICIPAL RETIREMENT SYSTEM PREVIOUS MEMBERSHIP CREDITS: Mayor Higley presented Ordlnance Number 1389 and read the caption as follows: ORDINANCE NUMBER 1389 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL l e.JU Regular City Council Me'eting, November 26, 1990 RETIREMENT SYSTEM, To" DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH' JSYSTEM FOR ALL. SERVICE TO WHICH SUCH EMPLOYEE HAD. BEEN ENTITLED AT DATE OF' SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY; REPEALING ORDINANCE NUMBER 1385 ADOPTED NOVEMBER 12, 1990, WHICH ORDINANCE ALSO RELATED TO CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED".. PRtVIOUS. MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM; AND DECLARING AN EMERGENCY. Copies of Ordinance Number 1389, 'in the for~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 Watson, that Ordi nance Number 1389 be adopted on fi rst and fi na 1 reading as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker . ; I . ~ J ------c I ( -.-J ORDINANCE RELATING TO RECORDS MANAGEMENT: Mayor Hi gl ey presente'd Ordinance Number 1390 for first reading and read the caption, as fol1b~sf ORDINANCE NUMBER 1390 AN ORIHNANCE RELATING TO' RECORDS MANAGEMENT; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. 'Copies of Ordinance;' Number '1390, in the') rform required for adoption, were 'available to' all member.s of City ,Council and a reasonable number of additional copies available to interested citizens present... ' . . " Motion was made by Councilmember Jenkins, seconded by Council- member Bel'l,' that Ordfnance Number 1390 be accepted on first reading as presented~ ' Voting Aye: 'Voting' No: Absent: ., Mayor Higley, Councilmemb.ers Bell, Jenkins, Watson None. Councilmembers Redeker RESOLUTION TO STATE PURCHASING AND GENERAL SERVICES COMMISSION: -, \ 1 ....J Consideration was 'giverito .Re.solution Number 90..,19 authorizing the city.'s participatiotf In'''the. purchasing programs' of the State Purchasing. and General Services Commission. Mayor Higley presented and read the resolution, as follows: ;jtj Regular City Council Meeting, November 26, 1990 RESOLUTION ,NUMBER 90-19 STATE-OF. TEXAS COUNTY OF HARRIS' j I TO !THE,STATE PURCHASING AND GENERAL SERVICES COMMISSION I" L WHEREAS, the C:ity :Council.! of the City of . West University Place, Texas, :pursuant to the authority granted by Sections 271.081"'271.083 Loeal ' 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: .Council is in the opinion that participation in these programs will be highly beneficial to the taxpayers of the city through the anti ci pated savings to be realized; NOW, 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, Contract Class No. 575 I and ContractClass600-A9 on the Commi ss ion I s annual contracts for those items, whereby Mi ke Tanner, Ci ty Manager, is authori zed and di rected to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of West University Place. [ Secti on 2. A l'l' resolutions and parts of resolutions in conflict herewith arerhereby repealed 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 of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph,section or nther.part of this resolution to any other persons or circumstances shall not be affected thereby. Section 4. The City Council officially finds, determines and declares that a~Yfficient 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 Open Meeti ngs 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, [ ij-' Regular City Council Meeting, November 26, 1990 consideration and act'i'on. ,- The - City Council ratifies, approves and confirms such- notices and the contents and posting thereof. PASSED AND APPROVED thi s ! November , 1990. 26th day of Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: Laura C. Higley, Mayor ATTEST: ~.~. _" i Approved as to Form: Audrey Nichols City Secretary JamesL. Dougherty, Jr. City Attorney (SEAL) -- \ Moti on was made by: C olin cTl member Jenkins, seconded by Counci 1- member Bell, that Resolution Number 90-19 be approved as presented. \ l I -----' . : i ~ Voting Aye: Voting' No: Absent: Mayor Higley, Cotmciimembers Bell, Jenkins, Watson : None . , Councilmember Redeker APPOINTMENT OF RABIES CONTROL OFFICER: Consideration was given to appointing the Fire Chief to serve in the capacity of Rab:ie-s GontrolOfficer as required by Section 826.017 of Chapter 826 of the Texas Health and Safety Code. It was the recommendation of the City Manager that since the Health Division responsibilities and duties were placed under the Fire Department, that the Fire Chief be designated as Rabies . I Control Officer. Motion was made by Councilmember ,Jenkins, seconded by Counci 1- member Be 11, that City' Coune 11 . appoi nt . Fi re Ch i ef Terry Stevenson to serve as Rabies Control Officer for the City. l I Voting Aye: Voting No: Absent: MayorHigley,Councilmembers Bell ,Jenkins, Watson None Councilmember Redeker RICE BLVD.:. PAVING PROJECl':' Co"nside!rationwas given. to authorize engineering services for plans and specifications for the Rice Blvd. paving project. ;j~ Regular City Council Meeting, November?6, 1990 Motion was made by. Coun,cilmem~eri Jenkins, second~d by Council- member Bell, that Ci.ty. _ Council authorize Langf9rd Engineering L. Inc., to prepare plans and specifications for. the Joint Project with Metro to pave Rice Boulevard from Kirby Drive to Community Drive, including some concrete . curbs and gutters and storm drainage improvements. SuCh engineering services shall not commence until January 2, 1991. . . Voting Aye: Voting No: Absent: DESIGNATION OF FUNDS: Mayor Higley, Councilmembers Bell, Jenkins, Watson None . Councilmember Redeker Consideration was given to approving the reserves and designation of fund balance, a~ foll6ws~ 1989 Reserves & Designations -0..;. 33,233.43 80,000.00 200,000.00 500,000.00 -0- 923.83 1989 Reserves & Desiqnations 115.00 1,456..00 100,000.00 -0- -0- General Fund Description ..I'_J Recommendations 1. Reserve for Encumbrances 200,000.00 2. Reserve for Unfunded 47,635.20 Accrued Li~bilities - Sick Leave . 3. Reserve for Note Payable-O- 4. Designation - Fire Truck -0- Replacement 5. Designation - Self Insurance 1,000,000.00 Contingency. ,.' 6. Designation - Street/Drainage ~,OOO,OOO.OO Improvements 7. Reserve Park Improvement -0- Total Reser:-ves & D,esignations Fund Bal a,nce '7' Unreserved Water Sewer Fund Description 1. Reserve for Encumbrances 2. Reserve for Unfunded Accrued Liabilities- Sick Leave 3. Designation - Emergency Repair 4. Design~tion - Self Insurance Contingency Total Reserves & Designations Retained Earntngs - Unreserved *Prior to year end closing l $4,247,635.20* 909,223.80* Recommendations $ 115.00 6,084.00 . 1,000 ,000 . 00 500,000 00 $1,506,199.00* $3.431,425.00* .:>~ Regular City Council Meeting, November 26, 1990 Motion was made by Councilmember Jenkins, seconded by Council- member Bell, that City Council approve the reserves and designations of fund balance. for the General Fund .and the Water Sewer Fund as submitted; that. such reserves and '!designations supersede all prior existing reserves and designated fund balances; all amounts not so designated or reserved will be established as undesignated account balances. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: Consioeration was giventoihvoices!total ing $23,410~08 submitted by' Langford Engineeri n'g I nc.., for the fo 11 owi ng projects: (a) Invoice No. 6295 in the amount of $4,836.35 for the Surface Water Transmission Line; (b) I nvoi ce No. 6296 in the amount of $9,433.66 for Pri ority Area 3 Sanitary'Sewer Renovation; (c) Invoice No. 6297 in the amount of $2,353.54 for Priority Area 4, Phase.1;Sanitary Sewer Renovation; (d) Invoice No. 6298 in the amount of $540.01.for Priority Area 2b Water Line Replacement Project; . ~ - - (e) Invoice No. 6299 in the amount of $3,230.99 for 500,000 Gallon EleVatedStorage'Tank; and, :.,.. (f) Invoice No. 6300 in the amount of $3,015.53 for Repairs to the 2411 Ootfall Line at the Waste Water Treatment Plant. Motion was made by Councilmember Jenkins, Councilmember Be'll, that"the invoices submitted Engineering Inc., be approved for payment as listed. seconded by by Langford Voting Aye: Voting No: Absent: Mayor Higley~ Councilmembers Bell, Jenkins, Watson None Counci 1 member Redeker ' . DESIGN DEVELOPMENT OF CITY PARKS: Consideration was given 'to the following submitted by Tapley-Lunow Architects:':' I. ) I ! (a) Approving the invoice. in the amount professional services. in connection deVelopment of'city parks; :and (b) Approving the Design Development'Plan for the parks. of $5,600.00 for with the design "i:U Regular City Co'uncil Me.eting, November 26, 1990 Motion was made by Councilmembe'r Counci lmember Bell, that Ci ty Council invoice in the 'amount of $5,600.00 Development Plan as presented. Voting Aye: Voting No: Absent: Jenkins, seconded by approve for payment the and approve the Design l Mayor Higley,C.ounci.lmembers Bell, Jenkins, Watson None Councilmember Redeker PUBLIC HEARING RELATING TO STREET CLOSURE: Mayor Higley recommended a publ ic hearing be called for January 14, 1991,J", 7:30 p.m., for the purpose to receive citizen comments on the. proposed closing. of .Werlein Street at Kirby Drive to restrict motor vehicles.. The public hearing would be called under the authority of Section 13.106 of the Code of Ordinances of the City of West University Place relating to the use of traffic control devices. . Motion was made by Counci lmember Bell, seconded by Counci lmember Wa tson, that the Pub 1 i c Hea ri ng be ca 11 ed as recommended by Mayor Hi gl ey and the notices be i ncl uded in the "City Currents II and on the water bi 11 s. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker CITY COUNCIL MEETING MINUTES: Consideration was given to. the minutes of the City Council meetings, as follows: (a)' City Council Workshop Session, November 12, 1990; and (b) City Council Regular Session, November 12, 1990. Motion was made by Council member Jenkins, seconded by Counci 1- member Bell, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: COUNCIL COMMENTS: Mayor H'igley, Councilmembers Bell, Jenkins, Watson None Councilmember Redeker Councilmember Watson reported the contractor was finishing up work in his block and expressed his appreciation for a job well done. Couhcilmember Bell asked if staff had inquired into the cable TV poles being placed within the. city. City Manager Mike Tanner L! explained he contacted the service manager who came out and looked at the poles in question. The box on the pole contains a back up power supply and improves the service~ The cable company will not Regular City Council Meeting, November 26, 1990 q.L be able to relocate all the poles, however, they are within the franch i se requ i rements and the po les are placed in the easements. The poles are part of the improvements to the cable system and will have to be placed around the city. Counci 1 member Bell inqlJi red why Milton Street was a one-way street. Staff reported that the street was made one way at the request of the Baptist Church. Mayor Higley congratulated City Secretary Audrey Nichols on her acceptance into the Continued Membership of the IIMC Academy for Advanced Education to conti nue educational and profess i ona 1 participation and contribution. The Mayor received a letter from the International Institute of Municipal Clerks making the announcement. STAFF REPORT: City Manager Mike Tanner reported that problems had developed in the plans to re-roof the Scout House. The more staff proceeded with the project the more problems became evident and the greater the cost. Mr. Tanner recommended the project be stopped until staff better understands what the cost will be to make all the necessary repairs. City Council may want to consider a new building. Mr. Tanner suggested he get prices on a log cabin kit and report back to Council at that time. Mike Tanner reported that a living Christmas Tree has been purchased for City Hall. It is an eleven foot Holly tree at the cost of $200.00. It will be planted\by Thursday. ADJOURNMENT: With no further business to come before City Council, motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that the regular session adjourn to reconvene the workshop session. Such motion carried and the regular session was adjourned at 7:58p.m. Laura C. Higley Mayor \ I 4~ REGULAR CITY ~OUNCIL MEETING MOrmA Y, 'DECEMBER 10, 1990 ,MUNICIPALBUIlDING, 3800 UNIVERSITY. BLVD. 7:30 P.M. ***************~***~~*~~*~**~*********** I ) I L -.' City Council convened in regular session in the Municipal Building, 3800Un.iversity Boulevard" in !the Cityo.fWe.st University. Place, on Monday, December 10, 1990, with the following members present: Mayor Higley, presiding; CouncilmembersBell, Jenkins, . Redeker and Watson. Also present were the City t!1anQger., City ,Secretary, City Attorney, Director of Public, Works, the .,Chiefo,f Police and the Fire Chief. Mayor Higley delivered the invocation and led the Al.iegiance to the F1 ag . PUBLIC HEARING RELATING TO 25 MPH SPEED LIMIT: Mayor Higley welcomed those in attendance and explained the purpose of the public hearing was; to. hear comments .frrom citizens and parties in interest relating toa propo.sal to change the speed limit from 30 MPH to 25 ,MPH on. all . city ,streets excepting Bissonnet, Weslayan and.. Buffalo. Speedway. Copies of the Traffic Committee Report .were ava.ilallle, (m th~ table at the side of the room for everyone... Mayor, Higleyexplain~d that everyone who I wished to would be able to speak. Each speaker would be allowed 3 L minutes to. speak~ There were "Question and Comment Sheets II .. available for those who wish.ed to make a written statement which should be handed to the City Secretary. All oral.. and written statements would become a part of the record .of the public hearing. Mayor Higley introduced Jerry Nickell ,Chairman of the Traffic Committee, and asked him to explain the proposal and then Chief of Police Steve Griffith would make a statement. Mr. Nickell and Chief Griffith wer.e'available for questions. The City Manager.woul d be the time. keeper. Jerry Ni cke 11, 4123' A fbans, Cha i rllJan o.f the Traffi c Committee, explained the Traffic Committee was created by the City Council to assi s t res i dents in the enforcement of tra ffi c contro 1 . The Traffic Committee has listened to. hundreds of complaints from citizens and in most cases have been able to pravide same resalution to their cancerns. The cammittee exists salely far the residents. Because of the cut-through traffi c, the cammi ttee has recei ved many requests far a different speed 1 imit. A survey was canducted by radar af every street in the city with the exceptian Buffalo. and Weslayan because those are major thoraughfares that cut thraugh the city and go. out af the city. What the cammittee faund is that, accarding to. the Unifarm Traffic Code an speed limits, [.. the city can present a 25 MPH limit far the purpose af '. discauraging cut-thraugh traffic as well as protecting the citizens. The cammittee faund that the speeds af nan-residents Regular City Council Meeting and Public Hearing, December 10, 1990 4;1 has been very high in the area and there has been a number of near fatalities. The last fatality was in 1970. A child was killed. There are more children now in West University than there has been for many years. There are more runners, more elderly people walking and more people with strollers. The committee welcomes all your comments. Chief Griffith presented an outline of traffic laws and explained the limits that the city must operate within. Chief Griffith explained what the proposal would mean to efforts to enforce speed limits in the neighborhoods. The ,police department has received a great many questions about the use of discretion, such as at what point does the police department start issuing citations for speeding vehicles. Typically, the discretionary speed is 10 miles over the speed 1 imit. That is done for several reasons. (a) Ten miles over the speed limit is given because it is often difficult to prove cases in court for discretionary speeds that are less than that. (b) There are typically questions about the accuracy of the measuring device, the radar unit - was it accurate, was it accurate within 5 miles an hour or not. (c) There are questions about the intent or the prudence of the speed. Was the speeder intentionally speeding and if not, were the actions of the speeder unsafe. Most importantly, the general public generally accepts a speed of 10 mil es an hour over the posted 1 imi ts as wrong. It is easy to state that if the speed limit is 30 MPH, then you shoul d enforce it at 31 MPH. But, just as it was easy for the police department to consider parking across the sidewalks as a law that shoul d be enforced no matter ,what, the poHce department found that' strict ,enfo.rcement, resulted in. ,action. that. was not reasonable. It did ,not take into consideration people1s ability to' follow the. law. .In other words, was the driveway,.long enough for someone to parkin the driveway,. The same lesson .learned from the s i dewa 1 k issue can be app 1 i ed here. Stri ct enforcement of speed zones does not take into consideration many other factors such as the accuracyofsomeone's speedometer. The Police Department feels that the pr.oposed lower s,pee,d 1 imit wi 11 allow us to I prov i de; a more reasonabl1 el eve 1 of enforcement 1;ha t refl ects the residential nature of our streets.. Jerry Nickell agreed that was the basis for the speed limit. It is not conducive to our environment to have people speeding up and down our streets. TI Mayor Higley thanked Jerry Nickell and the committee for their long and difficult work to.. complete' the traffic; study and the report based on that study. : Mayor Higley opened the floor to comments and requested that . each. speaker ,approach the microphone and give his or her name and address. Joe Nobles, 2829 Robinhood, . stated the. overflow- coming off the southwest freeway was a < large part .~of the problem. .Cut-through traffic from the freeway was increasing the problem., Mr. Nobles was in favor of the 25 MPH speedway. qq. Regular City Council Meeting and Public Hearing, December 1U, 1990 . John Fafoutakis, 3728 Darcus, stated he was a neighbor from Southside Place. Mr. Fafoutakfsstressed that children riding bicycles needed to be educated to the correct way to ride was with the traffic. Frem the traffic report, 85%ef the drivers observe the 30 MPH speed limit. Mr. Fafoutakis did not think the speed limit should be changed to 25 MPH, but should remain at 30 MPH. ,- i i I L Barry Smitherman, 3003 Rice, spoke in favor of the 25 MPH I imit. He thought 25 MPH was more indicative of the residential atmosphere in the city. More people. were enjoying the outside and he tho\Jght 25 MPH would increase the safety of those people. If the cost of the signs was a . problem, Mr. Smitherman stated he would be will ing to give theover..;65 residents an exemption for the cost of the signs. Karen Nickell, 4123 Albans, said she moved to West University 3 years ago and her little boy started riding his bike to school. He did get on the sidewalk because he was scared of aT] the cars. He hit an uneven sidewalk and it went through his chin and ripped it and he had to have 30 stitches. He was 7 years old. The pol ice, 'at that time, advised that the sidewal ks were not designed for children to ride their bikes on. It was. not safe for them. So her son was put on the street in the hi ke lane comi ng home. Two weeks later he was hit by a maid in West University trying to get to the other side of Bellaire to pick up her child at Pershing. She hit my son and when she saw that he was ok, that someone else had stopped, she took off. Lucki ly the woman behind wrote down her license plate number and she was caught. It was a "hi t and run". My son was ok, but the streets are unsafe from cut-through traffi c. L support the 25 MPH and am wi 11 i ng to pay more for the safety of my.children. Jerry Schutza, 5512 Buffalo, spoke in favor of the 25 MPH limit. He is a member of the Traffic Committee and thought it was a good recommendation. Mr. Schutza thought enforcement was the problem. If the citytickets.drivers going 10 miles over the speed limit, it would be a situation of 40 MPH vs 35 MPH with the speed limit at 25. Jim Able, 4031 Rice, spoke in favor of the 25 MPH limit. Mr. Able thanked the committee and the police department for doing the traffic survey and bringing the issue to the attention of the city. S. B. Needham, 4112 Albans, was not in favor of the 25 MPH limit. He thought the problem was that parents do not teach their children to stay out of the street. There are 85% of the people obeying the law now and the 25 MPH 1imi twas unnecessary. Mr. Needham asked how many traffic deaths of children had occurred occurred in the last years. Mr. Needham thanked Councilmember r Jenkins for coming out against the 25 MPH speed limit. Mr. Needham did not think the city needed to spend $20,000 on signs I when they are not needed. L I L q.u Regular City Council Meeting and Public Hearing, December 10, 1990 , Cha r 1 ena Williams, 3325 Amherst, expressed concern over the number of cars parked on the street. She was not in favor of the 25 MPH 1 imi t but thought the speed 1 imi t needed to be enforced at 30. Steve Senia, 5832 Auden, spoke in favor of the 25 MPH limit. He surveyed his neighborhood with a petition and 16 of 19 indicated they were in favor of the 25 MPH limit. Frank Eggleston, 3771 Tangley, spoke against the' 25 MPH limit and expressed his views that the speed limit should remain at 30 MPH. Peggy Pentecost, 2606 Centenary, reported she took a petiti on around the city and most of the people were against the 25 MPH limit but they were in favor of enforcing the speed limit at 30. Ms. Pentecost thought effort shoul d be made to target cut-through street with more patrols. She did not think it was fair to punish the 85% who obey the law. Cindy Hassler, 2602 Centenary, spoke against the 25 MPH limit. J. Ha ro 1 d Wi 11 iams , 3603 Sunset, spoke in favor of the 25 MPH limit for the safety of the children. Margaret H.Rogers,3926Case~spoke against the 25 MPH limit. . I Kathy A. Hoffman, 6312 Community, spoke in favor of the 25 MPH limit. She~eported speed,ing and running. of stop. signs on Community. Herbert Behrend, 4137 Riley, spoke against the 25 MPH limit. :He expressed his ~oncern~ver the numbe~ of cars parked on the street;~i". George P. Munson, 4221 Riley, spoke against the 25 MPH speed limit. He stronglyadvocated,theenforcement of stop signs. Elizabeth Evans, 4259 Emory ,was not in favor of the, 25MPH limit. She thought instead', the dty.:should increase the stop signs and have the police department enforce the stop signs. Ms. Evans thought more pol ice vi s i bi 1 ity:- was ,needed. Michael Wolf, 4216 Marquette, spoke against the 25MPH ilimit. He did not think speeders.would lower their speed. Mr. Wolf expressed concern for. the city's possible liability for unnecessarily lowering the speed limit. ---.. J John B. McNeely, 3784 Arnold, spoke in favor of the 25 MPH limit and agreed that the problem was with the cut-through traffic. H. Kri ege 1, 4152 Co 1 eri dge, spoke aga tnst the 25 MPH limit and urged stricter enforcihgof 30 MPH~ qO Regular City Council Meeting and Public Hearing. December 10...1990 Sharon Plotkin. 3901 Case, passed. LJ. ; Cassman ,.4223 Tennyson. spoke in favor of the 25 MPH 1 imit. Mr. Cassman thanked whoever was responsible for having the street light installed at Academy and Bissonnet. John, Burns. 3114 Quenby.. spoke against the 25 MPH limit. He thought there were too many people on the streets who belonged on sidewalks. Mr. Burns suggested the police cars run with the Hghtsonto help control.speeding of cut-through traffic. Steve Toomey. 6344 Rutgers. spoke against the 25 MPH limit. He complimented the police department for their professionalism in the: conduct of traffic enforcement. Suzanne Thomas. 3936 Byron. lives along Weslayan and spoke against the 25 MPH limit. She suggested the speed limit on Buffalo be increased to 35 MPH. ,. . ~ -'; I', Robert W. Barnett. 2925 Plumb. spoke against the 25 MPH limit. Trey Hotalen. 3809 Sunset, said he was slightly in: favor of the 25 MPH limit. He suggested the speed limit on Buffalo be increased to 35 MPH; '1 eave the speed limit. at 30 MPH on University from Kirby. to Edloe; and the speed 1 imit on Weslayan be lowered to 25 MPH because it is imposs i b 1 e to go 40 MPH on I Wes 1 ayan. Mr. Hota 1 en expressed concern over the 1 i abi 1 ity to L1. the city to lower the speed limit across the city. Joan McCay, 3029 Carneg,ie, spoke against the 25 MPH limit. Ms. McCay suggested residents not be allowed to use the streets for strolling baby carriages or walking children. She urged enforcement of the city I s existing 'ordinances such as parking cars in the correct direction. Ms. McCay thought construction trucks should be required to park against the curb and in the right direction. Terry Moore, 4002. Case, spoke in favor of the 25 MPH limit. John. Stephens, 4209 Marquette, spoke against the 25 MPH 1 imit. Mr. Stephens thought. that ,with today's technology the polite department should be'able to be more accurate to enforce the existing speed limit. Chuck Gillan, 3620 Georgetown, suggested that stop signs needed to . be . better enforced. . Mr. ,Gillan expressed concern about resi:dents on Auden Streeu<'who ,do not park their cars in their driveways. Alida Drewes, 6112 Forham, spoke against the 25 MPH limit. Stepan Nazarian. 4149 Coleridge, spoke in favor of the 25 MPH limit~: Mr. Nazari an thought j the reaction time of a dri ver was better at 25 MPH than at 30 MPH. I~ I L Regular City Council Meeting and Public Hearing,. December 10, 1990 47 l Connie Clark, 4232 Sunset, a member of the Traffic Committee, spoke in favor of the 25 MPH limit. The Traffic Committee's study was based on the bas i c speed 1 aw and that told us that the majority of the drivers were, driving ,25 to 30 MPH. . Due to the 10-mile per hour enforcement margin, the effect of a 25 MPH speed 1 imit would serve mainly to moderate the drivers who drive 30 to 45. Bicyclers are put at unnecessary risk by drivers driving 30 to 45 miles per hour. We can not hold drivers responsible for children who might run out in the street, so we can not really justifylega'lly a speed zone change based on that. But we can look at the safety margin that we get when we drop the speed 1 imit from 30 to 25. There is a 30 foot stoppi ng di stance margin. If we look at 40 to 35 moderation, we' get twice that. The City of West University gets many complaints about the speeders. Always, people want to put in stop signs. The Traffic Engineers do not recommend the use of stop signs to control speed. Motorists may slow down at an unwarranted stop sign, but between the stop signs, they will speed up. The net effect is an increase of speed, not a decrease. Unnecessary stop signs generate disrespect for all traffic laws. J Jerry Nickell, 4123 A 1 bans, presented hi s personal views and spoke in favor of the 25 MPH limit. He expressed his concern for those who were agai ns t the 25 MPH and thought they were insensiti,ve to those who, used the streets for jogging, strolling and bicycling. Charlotte Muckleroy, A008 Ruskin, spoke' against : the 25 MPH limit.' Hearing no further comments or questions from the audience, Mayor Higley advised that City Council would consider public input and waul d 'have the 25 MPHquestion 'on ,the agenda ,for January 14, 1991 regular session. Mayor Higley declared the public hearing adjourned at 9:12 p.m. and immediatelycon,vened the regular session with the following present:' Mayor Higley; presiding; Councilmembers ,Ben, Jenkins, Redeker and Watson . Staff members present were the ,CHy Manager, City Secretary, City Attorney, Director of Public Works, the Chief of Police and the Fire Chief. 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. l ~ CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Higley invited residents who wished to address a specific agenda item to speak at this time. L:l:O Regular City Council Meeting and Public Hearing, December 10~ '1990 There were none present: who wi shed to speak concerni ng an agenda item. I , l .' 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 Co,u,nci,lmember, Jenkins, seconded by Council- member Redeker, that the consent agenda be approved in accordance with staff recommendation. Voting Aye: Voting No: , Absent: Mayor Higl~y, CouncilmembersBell, Jenkins, Redeker, Watson None. None, ORDINANCE RELATING TO RECORDS MANAGEMENT: Mayor Higley presented Ordinance Number 1390 for second reading and read the caption as follows: .. ORDINANCE NUMBER 1390 AN ORDINANCE RELATING TO RECORDS MANAGEMENT; AMENDING THE CODE OF ORDINANCES OE THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. [ Copies of Ordinance Number 1390, in the form required for adoption, were available'.to,a,ll 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 1390 be adopted as presented on second reading. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None RESOLUTION APPOINTING A MEMBER TO THE RECYCLING COMMITTEE: Mayor Higley presented and read the following: RESOLUTION NUMBER 90-20 [ WHEREAS, it is the obligation of the City Council, pursuant to provisions of the City Charter and ordinances qV Regular City Council Meeting and Public Hearing, December 10; 1990 heretofore adopted, to appoi nt members to various committees; and WHEREAS, the Mayor and members of the City Council, by Resolution 89-18, adopted on August 28, 1989, appointed qua 1 i fi ed c i t i zens to serve on the Recyc 1 i ng Committee for the City of West Universi.ty Place, Texas; and WHEREAS, the resignation of one of the committee members has created a vacancy on the committee; and WHEREAS, the Co-Chairmen of the Recyc 1 ingCommi ttee have recommended that Bi 11 Arnold be appointed to fill the vacancy and serve on the Recycl ing Comm'itte; and WHEREAS, Bill Arnold has indicated a desire and willingness to serve as a member of the committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Bi 11 Arnold be appointed to serve as a member of the Recycling Committee. Section 2. That Rill Arnold shall serve on the Recycling Committee without compensation. Section 3. That, Bill Arnold shall serve until ,the next. regular city., election ,oLthe .CitY1, Counc,il and thereafter until the appointment and qualification~.cof.~his successor. , '. Section 4. All resolutions ,and parts of resolutions in confl i ct herewi th are hereby, repea 1 ed ta the extent of the conflict only. J Sect ion 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. Sect; on .6. The Gi ty . Counci 1 , officially; finds, determines and declares that a sufficient written notice of the'date, hour, place and subject of each meeting at ,which this resolution wasdi.scussed, considered or acted up.on was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, ou Regular City Council Meeting and Pub 1 i c Hearing, December 10; 1990' 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. I L PASSED AND APPROYEO. THIS, the \ ; 10th December , 1990. Voting Aye: Voting No: Absent: . day of Signed: Laura C. Higley, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: ( SEAL) James L. Dougherty, Jr. City Attorney Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that Resolution Number 90~20 be adopted as presented. Voting Aye: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None Voting No: Absent: POLICY DESIGNED TO ELIMINATE DRUG ABUSE IN THE WORKPLACE: \, Consideration was given to approve an Alcohol and" Drug Policy for the City designed to eliminate drug abuse in the workplace, as fo 11 ows : ALCOHOL AND DRUG POLICY Being a public employer, the City of West University Place is entrusted with the health and safety of its citizens. The City recognizes: i-ts obligations to its citizens for the provi s ions of services that are free from the i nfl uence of ill egaldrugs and al coho 1. and. will endeavor through. this policy, to provide drug and alcohol free services. The City also has an obligation to provide, its employees a safe, U.l. Regular City Council Meeting and Public Hearing, December 1Q, 1990 ] hea 1 thfu 1 and effi c i ent work i ng env ironment free from the effects of illegal drugs and alcohol. The Ci ty further expresses its i ntentthrough thi s pol icy to comply with Federal and State rules, regulations or laws that relate to the maintenance of a workplace free from illegal drugs and alcohol. Motion was made by Counci lmember Jenkins, seconded by Counci 1- member Redeker, that'theAlcohol and Drug Abuse Policy be approved and adopted as presented. ' Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson' None None PURCHASE OF AUTOMOTIVE FUEL: J Consideration was given to staff's recommendation to reject the one bid received and to re-advertise for bids, basing cost factors on the OPIS report rather than refinery invoices. This methods would give potential bidders greater flexibility and would probably increase the number of bidders. Motion was made by Council member Jenkins, seconded by Cduncilmember Redeker, GityCouncil accept staff's recommendation to reject the one bid recei ved and authori ze re-advert is i ng for bids. Voting Aye: Voting No: Absent: Mayor Higley~ Councilmembers Bell, Jenkins, Redeker, Watson None None SANITARY SEWER RENOVATION, PRIORITY AREA 3: Cons iderat i on was given to the fo 11 owi ng items submitted by George M. Construction Company, Inc.,' in connection with the sanitary sewer project in Priority Area 3: (a) Monthly Estimate No.7 in the amount of $287,679.44 for work performed October 26 through November 25, 1990, on the sanitary sewer renovations; and 1 c=! (b) Change Order No.2 for an increase in the amount of $1,400.00 relating to the relocation of the sanitary sewer line and pavement removal and replacement of manholes. Motion was made by Counci lmember Jenkins, seconded by Counci 1- member Redeker, that City Council approve for payment Monthly Estimate No. 7 and approve Change Order No. 2 in the amount of $1,400.00. D~ , Regular City Council Meeting and Public Hearing, December 10, 1990 Voting Aye: Voting No: Absent: Mayor.Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None [ WAKEFORESTWATERPLANT EXPANSION PROJECT: Consideration was given to approve Change Order No. 1 in the amount of $707.00 for the relocation of an electrical service line at the 500,000 Gallon Elevated'Storage Tank construction site. Motion was made by Councilmember Jenkins, seconded by Council member Redeker, . thatCHy Council approve Change Order No. 1 to the Pitt-DesMoines;.Inc.; :contract for relocation of the electrical service line. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None HARRIS COUNTY APPRAISAL DISTRICT: Consideration was giventothe:rinvoice in the amount of $8,364.00 for appraisal services for the first quarter 1991 assessment. Motion was made by Councilmember Jenkins, seconded by 11.....,..;.',... Councilmember Redeker, that ;theinvoice in the amount of $8,364.00 lW be approved for payment to the Harris County Appraisal District. Voting Aye: Voting No: Absent: LEGAL SERVICES: Mayor Higley, Councilmembers' Bell, Jenkins, Redeker, Watson None None Consideration was given to the invoice in the amount of $3,050.20 for legal services provided.on the city's behalf for the month of November 1990. Motion' was made by Councilmember Jenkins, seconded by Council- niemberRedeker, that .the invoice in the amount .of $3,050.20 for 1 ega 1 serv ices be approved. for' payment. Voting Aye: Voting No: Absent: Mayor Higley,Councilmembers Bell, Jenkins, Redeker, Watson None None ~'U1 Regular City Council Meeting and Public Hearing, December 10, 1990 ill CITY COUNCIL MEETING MINUTES: Consideration was given to the minutes of the City Council Meetings, as follows: (a) City Council Workshop Session, November 26, 1990; and (b) City Council Regular Session, November 26, 1990. Motion was made by Councilmember Jenkins, secondedbyCouncilmeber Redeker, that the minutes be approved as submitted. Voting Aye: Voting No: Absent: Mayor.Higley, Councilmembers Bell, Jenkins, Redeker, Watson None None EMERGENCY REPAIRS TO SANITARY SEWER LINE: ~ Consideration was given to authorizing the following to repair the sanitary sewer line behind the houses in the 4100 block of Judson and Emory: (a) Authorize engineering ,services for preparation to, bid; and (b) Authorize advertising for bids. Bob Simpson, Deputy:,. Dkector of Public Works Utilities, explained there is one line which . services the. entire College Court Subdivision that :runs'between the rear easements' behind 4100 Emory on the odd side and 4100 Judson on the even side, goes to the city's main 1 ift station located at the corner of Academy between Judson and Emory. 'At .that timer the ci ty had a 10 foot utility easement. Because of the fact that that line is 15 to 16 feet in depth, the 10 foot easement was not suffici ent easement space to work within. On March 20, 1989, city staff held an open forummeetingwith.the r.esidents of those tWOI:blocks to inform them about the projectand;asked them. to grant the city an additional 5 foot on each respective property for a temporary construction easement. Staff failed to get sufficient easements granted that would allow construction of the line at that time. As a result, the line was not constructed and left for later action. Last week, crews worked 4 days to try to clear the li nes. The 1 i ne is co 11 apsed in two 1 ocati ons. The city has currently set up a temporary .bypass with a 6-inch pump and running the waste to the 1 ift station. ,All residents on Emory and Judson have been notified of the problem. Three :home,owners remain to be contacted concerning the need for temporary construction easements. [J CftyManager Mike Tanner.; advised :Councilrthat he: and, Mr. Simpson met with the homeowners on ' Sunday, December 9. We were well received and do not anticipate problems. However, Mr. Tanner wanted Council to understand problems can occur. People may 54 Regular City Council Meeting and Public Hearing, December 10, '1990' balk. The differences in today and two years ago is the line will l.. not function. The city will have to go in and make repairs whether the people want 'it to happen or not. The city needs to take a position that the job must be done and will restore the property of those who support the city. Mr. Tanner recommended the city do 1 ittle or nothing for those who do not support the city. The city has the right, as long as we are in the easement, and should a'ct. Mr. Simpson explained easements documents would be mail ed out to those who did not attend the meeting on Sunday. If the project is constructed within the rear yard easement, the estimated cost will be between $130,000 and $155,000. Councilmember Jenkins asked what the estimated cost was two years ago. Mr. Simpson responded it was estimated at $101,000. There were 8 homeowners who fa i 1 ed to grant easements two yea rs ago. If there are homeowners who fail, to grant an easement now, there are resi,dents who will grant a 10 foot temporary easement on their property (i ns tead of the 5 foot) to a 11 ow the work to be done. Mr. Tanner asked for a commitment from Council to act, a decision to authorize staff to proceed and after that, authorization for Langford Engineering Inc., to complete bid specifications. Councilmember Bell inquired as to how only eight homeowners who [..... did not grant easements two years ago stopped the construction. . Mr. Simpson responded affirniatively. Councilmember Bell questioned that now, waiting, itwi-ll, cost the city more. Why did staff wait to say we have a problem? Mr. Simpson explained! that the understanding of staff, the engi neer and the contractor was that the work had to be done within the contract time. If we were able to obtain the necessary easements within that time, the city. would have been able to do the work. City Eouncil authorized an additional 45 days if the contractor performed that job. Staff worked very di 1 i gently to contact the homeowners and get the easements. Attempts were made to contact al1 the homeowners, but the documents were not returned. Councilmember Bell commented that if the City Council authorizes a project and there is a problem,he thought the City Council should ben notified of the problem then. Mr. Simpson responded that at the time that the contract was closed out,Council was informed that the Change Order was not acted upon. Councilmember Bell, asked if the Council was informed that the 1 i ne was not put back there? Mr. Simpson responded affirmatively. Councilmember Jenkins asked if there were other problems with easements that Council might act on now? Can we get a 1 ist of [ those areas that are problems, to contact the citizens? l uu Regular City Council Meeting , and Public Hearing, December 10, 1990 D Mr. Simpson reported that there are areas along the southern perimeter of the City that staff has not been able get the easements. Those 1 i nes are not of such severe consequences as they on ly effect four ~or five homes. The line in . College Court services over 400 homes. Motion was made by Councilmember Watson, seconded by Councilmember Bell, that City Council authorize staff to proceed with the necessary documents, authorize Langford Engineering' Inc., to prepare bid specifications and authorize advertising for bids for the emergency sewer 1 ine repairs on the 4100 block of Emory and Judson. ' Voting Aye: Voting No: Absent: Mayor Higley;: Couhcilniembers Bell, Jenki'ns, Redeker, Watson None None COUNCIL COMMENTS: Councilmember Bell thanked staff for the tree lighting ceremony. 1 Council member Jenkins inquired if staff had been able to commun i ca te with the contractor 1 who dumped cement. into the sewer lines. Mr. Simpson advised that the city submitted an invoice to the homeowner and would hold'hini responsible. Councilmember Jenkins stated'. he thought the, public hearing to lower the speed 1 imit reVealed that, the cit.izens wanted the speeders to slow down.' What is the likelihood of having a 5-mile an hour leeway on ticket writing...,' ] Chief Griffith responded'the police officers would do that if Council' wanted thatkind;'ofenforcement. There is a lot to be said that 10 miles an" hour is a fair and just. discretionary speed. 'If the police officers enforce less than that, there will be prob 1 ems wi th more verba 1 confronta t ions with people on the scene. It makes it more difficult on the personnel. Counci 1 member Redeker expressed her bel ief that those driving 5 mi 1 es over the speed 1 imit shoul d expect to get caught. She di d not understand why 30 MPHwqS not enforced. Mayor Higley stated that generally the court was not comfortable with . any th i rig 1 ess" than 7 mi 1 es lower because of the discrepancies that are considered. Mr. Tanner explained that within the. department,;of,public safety, 10 miles per hour over the speed limit is very much the standard. Councilmember Watson expressed his concern that Council express to the judges their feelings on enforcement. 56 Regular City Council Meeting and Public Hearing, December 10,199.0 _ . It was ~enerally agreed th~t th~enforceme~t level of speed limits should be 5 miles over the limit. [ . .:. . , Mayor Higley recommend.ed ,that Council confer with the judges before making a statement on enforcement. Council can review the problem with the judge and ask his thoughts on the matter. The Mayorsllggested the question be on: the agenda for thE! December 17, 1990 workshop. ' STAFF REPORT: MATTERS RELATING TO PERSONNEL: Motion was, made by Gouncilmember Watson, seconded by COlJncilmember Watson, that City Counc;'lrecess the regular session and go into a c 1 osedexecuti ve as authoriz.ed by the Open Meeti ngs Act, TEX. REV. CIV. STAT. ANN., as. amended, Section 6252-17, Section 2(g): City Engineer Position. . , Mayor Higley recessed the regular session at 9:50 p.m~ to convene the closed executive session. At 10:20 p.m., Mayor Higley ,reconvened the ,regular session. Moti on was made by Counci 1 member Bell, seconded by Counci lmember Jenkins, that the position of city engineer be offered to Brent Sherrod at the salary of $44,000, at such time as he earns the Professional Engineer's Seal; the salary will' increase to $49,000, with the requirement that such professional standings shall be earned within six months. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeker, Watson Non,e None [ Regular City Council Meeting and Public Hearing, December 10, 1990 ADJOURNMENT: With no further busihess to come before Council motion was made by Councilmember Redeker, Councilmember Watson, that the meeting adjourn. carried and the meeting was adjourned at 10:27 p.m. u. at thi s time, seconded by Such motion Laura C. Higley Mayor e~o&l.L City Secretary l I --' l .--J ( ) 58 CITY COUNCIL WORKSHOP SESSION MONDAY, DECEMBER 17, 1990 MUNICIPAL ,BUILDING 3800.:UNIVERSITY BLVD. :6:30 P.'M. ,_ . **************************************** \ I L City Council convened in workshop session in the Municipal Building, 3800 University Boulevard, in the City of West University Place, on Monday, December 17, 1990, with the following members present: Mayor Higley, presid,ing; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the City Manager, City Secretary, Director of Finance and Administration, Director of Public Works, Chief of Police and the Fire Chief. Bill Arnold, who was appointed to the Recycling Committee on December 10, 1990, was present. Mayor Higley administered the Oath of Office to Mr. Arnold. AGENDA REVIEW - DISCUSSION ONLY: City Council reviewed the regular session agenda. MATTERS RELATING TO SPEED LIMIT REDUCTION - DISCUSSION ONLY: Associate Judge Candalario Elizondo was present for the discussion. Mayor Higley explained that generally the police did not give a ticket unless someone was going 10 miles over the speed limit. Council questioned this policy and might prefer a 5 mile enforcement level. I L Judge Elizondo explained the reason for the 10 'mile over rule is to allow for the margin of error. There is amargi n of error in speedometer, different size tires on a vehicle, and in the radar equipment itself. Judge El izondo stated he rarely saw tickets under 10 miles over the speed limit. The problem is proving beyond a reasonable doubt the gui 1 t of the driver. It is a heavy burden on the prosecutor. The court is generally more comfortable with a 7 mi 1 e over the 1 imi t enforcement ru 1 e because ita 11 ows for the margin of error. City Council generally agreed they would prefer a 5 mile enforce- ment rule. ' MATTERS RELATING TO FUEL STORAGE LEAK - DISCUSSION ONLY: City Manager Mike Tanner reported the city had fuel leaks in the pipes to the fuel.tanks and in the tanks themselves. Director of Public Works Curtis Cooper explained that the tanks [ had been isolated and all the tanks were tested and failed. The Texas Water Commission will be notified as required. It is uu City Council Workshop Session, December 17, 1990 estimated the city will spend $10,000 on decontamination. Removing and replacing the tanks is estimated at $40,000. Mike Tanner explained the cost would depend on the amount of decontamination that the city will be required to do. Staff would consider the alternatives and be able to make a recommendation to Council at the next meeting. COUNCIL COMMENTS - DISCUSSION ONLY: The City' will acquire an abandoned right-of-way on Westpark from the City of Houston and the City Attorney suggested the property be fenced to help verify that the property belongs to the city. Mayor Higley recommended staff proceed and have the property fenced. Mayor Higley recessed the workshop session at 7:30 p.m., to convene in regular session. At 8:00 p.m., Mayor Higley reconvened the workshop session with the following present: Mayor' Higley presiding, Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the City Manager, City Secretciry,Director of Finance and Administration, Director of Public Works, the Chief of Police and the Fire Chief. MATTERS RELATING TO BOARDS, COMMISSION AND COMMITTEES: Mayor Higley recessed the workshop session to go into a closed executive session asauthori zed' by the Open Meet'i ngs Act, TEX. REV. CIV. STAT. ANN.,as..amended, Section 6252-17, Section 2(g); Di scuss i on of Personnel Generally - All Boards, Commi ss i on and Committees. Staff members were excused at that time. At 8:29 Mayor Higley reconvened the workshop session. ADJOURNMENT: With no further business to come before City Council at, this time, Mayor Higley declared the workshop session adjourned at 8:33 p.m. {k;f-~c{bd.f. City Se retary Laura, C..' Hi gl ey Mayor ~ i I I ~ 60 REGULAR CITY COUNCIL ,MEETING MONDAY "DECEMBER 17, 1990 MUNICIPAL BUILDING 3800 UNI VERS ITY BL VD. 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, December 17, 1990, with t.he fo 11 owi ngmembers present: Mayor Higley, presiding; Councilmembers Bell, Jenkins, Redeker and Watson. Also present were the City Manager, City Secretary, City Attorney, Director of Finance and Admini,stration, Director of Public Works, the Chief of Police, and the Fire Chief. Councilmember Bell 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. 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 Jenkins, 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 RESOLUTION APPOINTING MEMBERS TO THE FRIENDS OF WEST U PARKS BOARD: Mayor Higley presented the following for Council's consideration. L [ [ O.J. Regular City Council Meeting, December 17, 1990 RESOLUTION NUMBER 90-21 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 Counci 1 previ ous ly appoi nted persons to serve on the Fri ends of West Uni versi ty Parks Fund Board of the City of West University Place, Texas for a specific term of office; and ' WHEREAS, the term of office has expired for Position 4, Position 5 and Position 6; and WHEREAS, certain persons have indicated a desire and wi 11 i ngness to serve as members of the Friends of West University Parks Fund 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 Friends of West University Parks Fund Board for the terms indicated: Position 4 Pos iti on 5 Position 6 Ross Frazer Larry W. Massey, Jr. Nancy Bradford Term expiring August 31, 1993 Term expiring August 31, 1993 Term expiring August 31, 1993 Section 2. That the persons hereby appointed to the Friends of West University Parks Fund Board shall serve without compensation. , , Secti on 3. Each appoi ntee shall serve, the term i ndi ca ted and thereafter unti 1 the member I s successor is duly selected 'and shall have qualified.., Section 4. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. -l 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, sha 11, ever be held to be i nva 1 i d 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. 62 Regular City Council Meeting, Dec.embe:r 17,1990 Section 6. ,The City C,ouncil officially finds, determines and declares that a sufficient written notice ofth~ date, hour, place and subject of each meeti ng , at, which . th/is reso 1 uti on was discussed, considered or acted upo.n,wa~ 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 time,s, 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 th is December , 1990. Councilmembers Voting Aye: Councilmemb,ers Voting No: Councilmembers Absent~ 17th day of Laura C.Higley; Mayor ATTEST: '~ Approved as to Form: Audrey Nichols Ci ty Secretary James L. Dougherty, Jr. City Attorney (SEAL) " Motion was made by Councilmember Jenkins, seconded by Council- member Redeker, that Resolution Number 90-21 be adopted as presented. Voting Aye: Mayor Higley,Councilmembers Bell, Jenkins, Redeker, Watson Voting No: . None Absent: None - . Mayor Higley administered the Oath of Office to Ross Frazer. . " ~ESOLUTl9N APPOINTMENT MEMBERS TO THE PARKS' BOARD: Mayor Higley presented the following for CounciVs consideration: RESOLUTION'NUMBER,90-22 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 [ ~fU1 Regular City Council Meeting, December 17, 1990 WHEREAS, the Mayor and members of the City Council, by Resolution 89-16, adopted on August 28, 1989, appointed qualified citizens to serve on, the Parks Board for the City of West University Place, Texas; and WHEREAS, the resignation of two of the committee members has created vacancies on the committee; and WHEREAS, the Chairman, of the Parks Board has recommended' that the fo 11 owi ng persons be appoi nted to fi 11 the vacancies on the Parks Board; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the 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 Parks Board: ] John Wilkinson Adonica Johnson Section 2. That the ,persons hereby appointed shall serve on the Parks Board without compensation. ~; I Section 3. That'..'the persons'.hereby appointed shall serve until the next regular city election of the City Council and thereafter until the appointment and qualifi- cation of his successor. , . Section 4. All resolutions and parts of resolutions in confl i ct herewi th are hereby repealed to the extent of the conflict only. l _i Section 5. If a,ny word" phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance, shall ever b~ 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. ;162,52-17" .as ,ame,nded, 64 Regular City Co'unci 1 Meeting, December 17,. 1990 and that each such meeting. has_been ,open to the public as required by 1 aw at all times. during such discuss ion, consideration and action. The City Council ratifies, approves and confi rms.such ,notices and the contents and posting thereof. PASSED AND, APPROVED, THIS the December ,1990. 17th day of 'j V.otingAye: Voting No: Absent: Signed: Laura C. Higley, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney Mot i on was made by Counc i 1 member Bell, seconded by Counc i 1 member Jenkins, that ResoluUon Number 90.;.22 be adopted as presented. Voting Aye: Voting No: Absent: Mayor Higley, Councilmembers Bell, Jenkins, Redeke.r, Watson None None , , Mayor Higley administered the Oath of Office to John Wilkinson. WATER LINE REPLACEMENT PROJECT., ON WEST POINT ,ACADEMY, AMHERST AND BISSONNET: Consideration was given to. staff' s recommenQation for award of contract for the construction of the water line replacement project on, West Point9 Academy, Amherst and Bissonnet. Staff recommended that the. contract be awarded to the low bidder, Reliance Construction Inc.t at the amount bid of $626,217.70. Motion was made. by Councilmember Bell, seconded ,by Gouncilmember Jenkins, thatCityCounci-l ,accept staff's recommendation and award the contract to Reliance Constr~ction Inc., for $626,217.70. Voting Aye: Voting No: Absent: Mayor Higley, :Councilmembers Bell, Jenkins, Redeker, Watson None None PURCHASE OF WESTPARK RIGHT-OF-WAY: '-JI fUI Regular City Council Meeting, December 17, 1990 Consideration was given tothe"following relating to the Westpark Property: I ' (a) Acceptance of the City of Houston abandonment of part of the old Milford Street (now Westpark) Right-of-Way and quitclaim deed to the City of West University Place; and (b) Authorize the Mayor to execute and deliver the Quitclaim Easement Deed to Houston for storm and utility rights. The City Attorney advi sed that the documents to accompli sh the transaction were: (i) a proposed City of Houston ordinance abandoning part of the old Milford StreetRighf:"of~Way"and'quitclaiming 'it to the City of West University Place. (ii) a proposed qui tc 1 a imeasement deed for the City of West University Place to sign and" give to Houston for the easement rights that Houston will keep within the affected right-of-way area (storm sewer and utility rights). Since the City of Houston's quitclaim deed to the City of Houston carries no warranty of title, the City Attorney further advised the city consider some type of fencing around the property to alert all passers-by that the area, is owned by the City of West University Place. He recommended staff make records of these improvements"including the datenthey are Pl!Jt in. 1 These measures would help to prove up title' 'by limitations (adverse possession) in case someone might challenge the title later on. The money for the property' was .previously-paid to Houston. Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that City Council approve the proposediiCity of Houston ordinance abandoning part of the old Milford Street Right-of-Way and quitclaiming it to the City of West University Place and authorize the Mayor to execute and deliver the Quitclaim Easement Deedt<y Houston for storm and uti 1 i ty rights. Voting Aye: Voting No: Absent: Mayor Hi gl ey, Councilmember Bell, Jenki ns, Redeker, Watson, None None :: I.. WATER LINE REPLACEMENT, PRIORITY AREA2B: ~ Consideration was given to Monthly Estimate No. 5 in the amount of $63,982.50 submitted by RWLConstruction Inc., for work performed October 26 through November 25, 1990, on the water 1 i ne rep 1 acement project in Pri ori ty Area" 2b. 66 Regular City Council Meeting, December 17,1990 Motion was made by Councilmember Bell, seconded by Councilmember \'lJ I Jenkins, that City Council approve for payment Monthly Estimate No. 5 to RWL Construction Inc. Voting Aye: Voting No: Absent: Mayor Higley,Councilmember Bell, Jenkins, Redeker; Watson None None WAKE FOREST WATER PLANT EXPANSION PROJECT: Consideration was given to Monthly Estimate No. 1 in the amount of $31,365.75 submitted by Pitt-Desmoines, Inc., for work performed November 6 through November 30, 1990, on the 500,000 Gallon Pedestal Type Elevated Storage Tank.' Motion was made by Councilmember Bell, seconded by Councilmember Jenkins, that Monthly Estimate - No. 1 in the amount of $31,365.75 submitted byPitt-Desmoines~ Inc., be approved for payment. Voting Aye: Voting No: Absent: Mayor Higley, Coyncilmember Bell, Jenkins, Redeker, Watson None None ENGINEERING SERVICES FOR UTILITY RELATED PROJECTS: u Consideration was given to the invoices totaling $6.523.76 submitted by Langford Engineering Inc, for engineering services in connection with the following atility related projects: (a) Invoice No. 6311 in the amount of $3,400.08 for Sanitary Sewer Renovations in Priority Area 3; and (b) Invoice No. 6312 in' the amount of $792.72 for Sanitary Sewer Renovations in Priority Area 4, Phase 1, Sunset Terrace Subdivisi on; 'and Invoice No. 631-3 in the amount .of $1,584.87 for the Water Line Replacement Project in Priority Area 2B; and Invoice No. 6314 in the amount of $746.09 for the Wakeforest Water Plant Expansion project. Moti on was made by Councilmember Bell, seconded by Counci 1 member Jenkins. that the invoices submitted by Langford Engineering Inc., be approved for payment as listed. (c) (d) Voting Aye: Voting No: Absent: PURCHASE OF FIRE TRUCK: Mayor Higley, Councilmember Bell, Jenkins, Redeker, Watson None' None [ 'UI' " Regular City Council Meeting, December 17, 1990 Consideration was given to authorize payment of $183-,190.00 to Pi erce Manufacturi ng upon deli very and fi na 1 acceptance of the 1990 fire truck. Delivery was scheduled for December 28, 1990.. Mot i on was made by Counc i 1 member Bell, seconded by Counc i 1 member Jenkins, that City Council authorize payment of $183,190.00 to Pierce Manufacturi ng 'upon deli very and fi na 1 acceptance of the fire department pumper. Voting Aye: Voting No: Absent: Mayor Higley, Councilmember Bell, Jenkins, Redeker, Watson None None JANITORIAL SERVICES FOR CITY HALL: \.' .;"J Consi'deration was given to staff. s recommendation for award of contract for janitorial servi ces for City Hall faci 1 ities. Staff recommended the contract. be awarded to the low bidder, Quality Janitorial, Inc., in the amount of $795.00 per month. Mot i on was made by Counc Hmember Bell, seconded by Counc i 1 member Jenkins, that City Council accept staff's recommendation and award the contract for City Ha 11 j an i tori a 1 serv ices to Qua 1 i ty Janitorial Inc. , in the"amO'unt of $'795.00 per month. Voting Aye: Mayor Higley, Councilmember Bell, Jenkins, Redeker, Watson None " None Voting No: Absent: LAWN AND LANDSCAPE MAINTENANCE: Consideration was given.: to !staff's recommendation for the fc>llowing: (a) award of contract for lawn and 1 andscape . maintenance for faci 1 i ti es, parks, medi an, street ri ght-of-way, and beautification areas; and (b) changing the bid total to $30,366.00. Staff. s recommendation was ',' ,to' award the contract'to the low bidder, Ultimate Landscaping, Inc. The bid' total submitted by Ultimate Landscaping, Inc., was "$29,866.00. Upon. ,review some arithmetic errors were found in the bid total and the actual total should be $30,366.00. l Motion was made by Counci lmember.Be 11, secondedbyCQunci lmember Jenkins, that CityOounciilaccept ;staff' srecommendati.on and award the contract for lawn and landscape maintenance to,t.he .low bidder, Ultimate Landscaping, 'Inc. ., Voting Aye: Mayor Higley, Councilmember Bell, Jenkins, 68 Regular City Council Meeting, December 17, 1990 V.oting No: Absent: . Redeker, Watson, . None None L COUNCIL.COMMENTS: No . member of City Council had anything, further fo:r. discussion at this time. STAFF REPORT: City Manager Mike Tanner asked ,tne City's Consulting Engineer, Di eter Ufer, to report on the condi ti ons of the streets in the sanitary sewer construction site in Priority Area 3. ;/ / Mr. Ufer reported that aport i on of the streets in Pri ority Area No. 3 sanitary sewerpnoject -is concret~ but it is not hard rock concrete. It has shell as the aggregate and is a very weak form of concrete. The problem '. isshell,deteriorat~s. It is very thin and there is no steel reinforcement~ On Nottinghama cavity was found underneath the concrete i tse 1 f. When the concrete is cut during. construction, itcr.ushes. Nottingham Street and A lbans Street are in very poor, condition. It is impossible to put a concrete patch on it. Mr.- Tanner, Mr. Cooper, and Mr. Simpson and Mr., Ufer met wi th the~ contra.ct;or and discussed the poss i bi 1 i ty of an' asphalt/asphalt patch on those portions of the shell crete street which are deteriorated to the point that concrete can not be used. The asphalt/asphalt solution is a short-term fix which will buy the city approximately three years. Portions of other streets are in bad condition and ,decisions will need to be made on a street by street basis. At the end of the project, staff will submit a change order to the George M., Construction Co., Inc., contract which will reflect the actual cost of the asphalt/asphalt pa tches. A 1 is t of the affected s t;reets wi 11 be submi tted to Council so that Council will have the knowledge of streets that will need some kind of permanent solution. The long-term solution would be to tear it all out and fix the sub-base and then put in concrete riding surface and curbs. ' . L , The City Manager recommended this problem be included in the streets assessment program to be ,done next year. Mike Tanner reminded Counci 1 there was a Harris County Mayors, Councils meeting on Thursday~r Anyone wishing to attend may call and make arrangement to go together. ADJOURNMENT: With no further bus i nesstocome before City Council at this time, . motion was made by Council member Watson, seconded by Counci 1 member [ Redeker~that the regular session adjourn and Council reconvene in ," workshop session. Such motion carried and the regular session was adjourned at 7:50 p.m. Regular City Council Meeting, December 17, 1990 69 Laura C. Higley Mayor &j~~ Audrey hols City Secretary