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HomeMy WebLinkAbout011303R CC Min CITY COUNCIL REGULAR SESSION MONDAY, JANUARY 13, 2003 MUNICIPAL BUILDING 3800 UNIVERSITY BLVD. 6:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers (3800 University Blvd.) on January 13, 2003, with the following members present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson. The City Manager, City Secretary, City Attorney, Assistant City Manager/Public Works Director and Finance Director were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 10 day of January 2003 at 6:20 p.m. Formal Session Cable franchise. Matters related to the Time Warner Cable franchise including Resolution No. 2003-01. Mayor Lewis read the caption of Resolution No. 2003-01 as follows: A resolution formally commencing renewal proceedings for a cable television franchise and containing findings and provisions relating to the subject. City Attorney Jim Dougherty stated that Resolution No. 2003-01 more formally commences the renewal proceedings for the TWC franchise. A motion was made by Council Member Farley, seconded by Council Member Jackson, to approve Resolution No. 2003-01. Council Member Jackson asked if the City gets an override on the franchise fee. Mr. Dougherty replied that there is a 5% franchise fee which is payable under the current ordinance to the City. Council Member Farley commented that the 1996 Telecommunications Act attempted to spur some competition for local telephone carriers. He asked if there was any similar provision or intent for cable television. Mr. Dougherty stated that he thought the intent was there because the whole thrust of that Act was that this was going to unleash the forces of competition on most of these City Council Regular Session, January 13, 2003 communications media. Most people would conceive that in the cable television area that it just has not really happened. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Plumbing and certain PVC piping. Matters related to plumbing and certain PVC piping including Ordinance No. 1725. Mayor Lewis read the caption of Ordinance No. 1725 as follows: An ordinance relating to plumbing and certain PVC piping; 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 No. 1725, in the form proposed for adoption, were available in the Council Chambers. Assistant City Manager/Public Works Director Ron Wicker explained that the standard code schedule is a set of localized amendments to the International Building Codes. It is within this schedule that a proposal to add an amendment to help insure proper inspections will be carried out during the installation of PVC piping. This amendment will require all underground PVC pipe to be joined together using a purple or other distinctive color primer. Thus allowing the inspectors a quick and easy method of verifying the plumber properly joined the two pieces of PVC pipe. A motion was made by Council Member Griffin, seconded by Council Member Jackson, to adopt Ordinance No. 1725 on the second and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Framed area,? (calling joint public hearing). Matters related to ?framed area? including Ordinance No. 1726. 2 City Council Regular Session, January 13, 2003 Mayor Lewis read the caption of Ordinance No. 1726 as follows: An ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance of the City of West University Place, Texas, regarding ?framed area?; prescribing procedures and notices; containing findings and provisions relating to the subject; and declaring an emergency Copies of Ordinance No. 1726, in the form proposed for adoption, were available in the Council Chambers. Mr. Dougherty reported that the Zoning and Planning Commission had submitted a preliminary report that recommends calling a joint public hearing on the matter. The purpose of the amendment is to tighten up the framed area definition, which limits the size of buildings that can be built on any given parcel. One way the proposed amendment will do this is to count space beneath air-conditioned space. Generally it would tighten up and clarify the existing definition. Members of the Zoning and Planning Commission present at the meeting were Chairman Stephen Pohl, Mark Boucher, Dick Yehle and Steve Brown. A motion was made by Council Member Jackson, seconded by Council Member Farley, to adopt Ordinance No. 1726 on the first and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Driveways, etc., (calling joint public hearing). Matters related to driveways, maneuvering areas, curb cuts, etc, including Ordinance No. 1727. Mayor Lewis read the caption of Ordinance No. 1727 as follows: An ordinance calling a Joint Public Hearing on a proposal to amend the zoning ordinance of the City of West University Place, Texas, regarding driveways, maneuvering areas, curb cuts, etc.; prescribing procedures and notices; containing findings and provisions relating to the subject; and declaring an emergency Copies of Ordinance No. 1727, in the form proposed for adoption, were available in the Council Chambers. 3 City Council Regular Session, January 13, 2003 Mr. Dougherty stated that this ordinance calls a joint public hearing and is a general clean up of the regulations on driveways and curb cuts including some cross-referencing, definitions and reorganization. The proposal would allow a 30-foot-wide driveway for side-facing garages with three or more bays and would add measurement rules for maximum driveway width and maximum curb cut width. It would also allow maneuvering areas in front yards for residents connected to major thoroughfares. A motion was made by Council Member May, seconded by Council Member Farley, to adopt Ordinance No. 1727 on the first and final reading. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Priority area 7B. Matters related to priority area 7B including a change order to complete certain streets in the area. Assistant City Manager/Public Works Director Ron Wicker stated that the original contract for Priority Area 7B did not include the portions of Mercer, Sewanee, Westchester and Rutgers from Albans north to Bissonnet, because of anticipated difficulties. These difficult issues have now been resolved with the Churches and adjoining property owners. The Contractor on 7B is Conrad Construction and they have agreed to complete these short streets for the original unit prices. A motion was made by Council Member May, seconded by Council Member Jackson, to approve change order #5 in the amount of $360,952.00 . A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None Council comments. Council Member Griffin commented that she formally announced her intent to run for Mayor in the May 2003 election 4 City Council Regular Session, January 13, 2003 Staff Report. City Manager Michael Ross reported that the Staff is continuing to meet with the Harris County Flood Control District and the drainage study group. Regarding sidewalks, the Staff is working with the SWA Group and Claunch & Miller, Inc. in Priority Area 7B. Mayor Lewis requested that the City of West University serve as the host of a community meeting with the HCFCD. The City Council recessed the Formal Session to convene in Informal Session at 7:10 p.m. Informal Session Credit card payments. Matters related to accepting credit cards for payments due the City. Finance Director Walter Thomas reported that prior to 1997 cities could take credit cards but they could not bill the up charge to the users because the credit card companies would not allow you to pass that cost on. In 1997, the rules changed and the City was able to accept the cards and absorb the fees. The City is now taking credit cards for almost every transaction that involves money. Recently a citizen raised concerns over the City?s practice of accepting credit cards for payment due the City. The crux of the concern was that in accepting credit cards the City increases bank service charges that must be absorbed by citizens who do not use credit cards. The initial bank discount rate for credit card transactions was a 3.17% flat rate. At that rate, the City?s credit card activity cost $7,776.37 for the twelve months ended October 31, 2002. A reduced rate has been negotiated. The new rate will be 1.95% with added transaction fees of 15 cents and additional charges for certain kinds of transactions. If the lower rate had been in effect for the twelve months ended October 31, 2002, the City would have incurred about $5,000 in costs. Recently, the City discontinued taking cards for property taxes. The cost per transaction for this service was deemed excessive at over $50 per tax payment and only about 1% of the City?s taxpayers were using credit cards to pay property taxes. This action will reduce the fees about $2,000 in 2003. Mr. Thomas stated that there are businesses that charge a convenience fee to the taxpayer to process credit card payments and other official payments. Staff met with one of them, Southwest Bank, and explored the possibility of providing an official payment service to West U taxpayers. Such a service will take some time to implement. The City may not 5 City Council Regular Session, January 13, 2003 charge a convenience fee because the credit card companies will not allow such fees for normal transactions. Some organizations offer a discount for cash payments in order to skirt this restriction; however since the City has a large number of revenue sources the calculation of the discount would cause a significant increase in the time it would take to process a payment. Further analysis of the water utility payments reveals that 225 of the payments made by credit card were telephoned in. Obviously, some water utility customers are finding that by accepting credit cards, the City is enhancing the service that they receive. It is also true that other taxpayers are picking up the $938 in additional fees because of this convenience. Mr. Thomas stated that the Staff is recommending that the City Council explore the use of private organizations that can take official payments and charge a convenience fee, and review the City?s policy of accepting cards for utility payments. Steve Brown, 3305 Rice, presented a letter to the City Council supporting the City?s decision to discontinue accepting credit card payments for property taxes and urged the City to stop accepting credit cards for on-time utility payments. After a complete discussion of this item, the City Council agreed to discontinue accepting credit cards for property taxes and on-time utility payments. Credit cards will be accepted for delinquent utility payments. Sign ordinance. Matters related to proposed changes to the sign ordinance including calling a public hearing on the subject. Chair of the Zoning and Planning Commission Stephen Pohl reviewed the proposed amendments to the sign ordinance. This item will be further discussed at the next regular session. A motion was made by Council Member Farley, seconded by Council Member Griffin, to place this item on the agenda at the next regular meeting and to call a public meeting on the subject for February 24, 2003. A vote was taken on the motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None 6 City Council Regular Session, January 13, 2003 Board or Commission meetings. Matters related to Board and Commission meetings (Zoning & Planning, Zoning Board of Adjustment, Building & Standards Commission, Parks & Recreation, Public Safety, Senior Services, Recycling & Solid Waste Reduction and Drainage Committee) including reports from Council liaisons. Mayor Lewis reported that the Friends of West University Place are working on the Park Lovers Ball. Inquiries, requests and complaints. The City Council reviewed matters received from the public and referred them to the appropriate department or will place them on a future agenda for consideration or action. Adjournment. With no further business to come before the City Council at this time, a motion was made by Council Member Jackson, seconded by Council Member May, to adjourn. The Council meeting adjourned at 7:52 p.m. 7