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Home My WebLink About120301R CC Min CITY COUNCIL REGULAR SESSION MONDAY, DECEMBER 3, 2001 MUNICIPAL BUILDING COUNCIL CHAMBERS 3800 UNIVERSITY BOULEVARD 5:30 P.M. The City Council convened in Regular Session in the Municipal Building Council Chambers on December 3, 2001, with the following members present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson. The City Manager, City Secretary, City Attorney and Public Works Director were also present. The notice for this meeting was posted in accordance with the Texas Government Code, th Chapter 551, on the 30 of November 2001 at 5:15 p.m. Cardboard recycling and report from Recycling and Solid Waste Reduction Board. Matters related to cardboard recycling and a report from the Recycling and Solid Waste Reduction Board. Chair of the Recycling and Solid Waste Reduction Board Rick Jenkins presented the sticker to be placed on plain cardboard being set out with regular trash. The Board would like to begin the education process in December for residents. Ordinance relating to sidewalks, curbs and gutters. Matters related to the second and final reading of Ordinance No. 1704. Mayor Lewis read the caption of Ordinance No. 1704 as follows: An ordinance relating to sidewalks, curbs and gutters when there is major development or remodeling; 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. 1704, in the form proposed for adoption, were available in the Council Chambers. Mr. Ross reported that this Ordinance would allow property owners the option of contributing to a sidewalk fund in lieu of installing a required sidewalk. In light of the city?s sidewalk policy, there is a potential that some sidewalks required to be installed by current city ordinance may not conform to the city?s sidewalk plan. The proposed ordinance amendment would address this problem in the following manner: When there is major development or remodeling, the permittee must provide 1. sidewalks in the usual manner, but, if there is an official city sidewalk plan ?in the works,? the permittee and owner would also have to agree to adjust the sidewalks to conform to the plan, when it is adopted. This agreement would ?run with the land.? City Council Regular Session, December 3, 2001 A waiver (from all sidewalk requirements) would be available if the owner or 2. permittee deposits the estimated cost of the sidewalks into a special City fund, and the owner agrees to provide any easement necessary to save qualified trees. The fund could only be used for sidewalks in that immediate area. Based on current construction activity, this fund would generate $50,000 - $100,000 in annual revenue for sidewalk installation. A motion was made by Council Member Jackson, seconded by Mayor Lewis, to adopt Ordinance No. 1704 on the second and final reading. Council Member Griffin commented that she thought the Council had discussed an amendment to this ordinance that would keep the escrow of sidewalk funds with the property. Council Member Farley stated that he also assumed that the escrow payment would ?run with the land?. Mr. Ross commented to the City Attorney that it was his understanding that currently whoever asks for and receives permission to escrow money would be the person to receive that refund if it happens at a later date. City Attorney Jim Dougherty stated that the original draft of Ordinance No. 1704 was set up that whoever paid the funds would have the option to ask for it back within a four year period after the sidewalks are installed by the City. It is not an automatic payback; it is an optional request and then if requested it goes back to the person who actually paid it. Council Member Griffin stated that she thought the Council had decided to keep the funds with the land because the builder would be charging the purchaser for it anyway. Mr. Dougherty stated that Appendix A of the ordinance could be amended to say that the refund, if any, goes to the property owner. Council Member Jackson amended his motion to adopt Ordinance No. 1704 as amended and discussed. The amended motion was seconded by Council Member Farley. A vote was taken on the amended motion with the following result: Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and Jackson Voting Nay: None Absent: None 2 City Council Regular Session, December 3, 2001 Ordinance relating to electric utilities and franchise fees. Matters related to the first reading of Ordinance No. 1705. Mayor Lewis read the caption of Ordinance No. 1705 as follows: An ordinance relating to electric utilities and franchise fees; 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. 1705, in the form proposed for adoption, were available in the Council Chambers. Mr. Dougherty reported that the provision in Ordinance No. 1705 was brought about because of the deregulation of the electricity business in Texas effective January 2002. Among the changes that the legislature made was a provision that changes the way the electric utilities pay franchise fees to cities. Historically it has been a percentage of gross receipts and now it is a per kilowatt hour fee based upon what was actually paid to the cities in 1998. The purpose of the ordinance, because of the wording of state law, clarifies that the fee will be imposed. A motion was made by Council Member Griffin, seconded by Council Member May, to adopt Ordinance No. 1705 on the first 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 City Council minutes. Matters related to the minutes of the Regular and Special Sessions conducted on November 26, 2001. A motion was made by Council Member Farley, seconded by Council Member Jackson, to approve the minutes as presented. 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 3 City Council Regular Session, December 3, 2001 Council comments. Council Member Farley requested a staff report for the second meeting in January on the necessity of beginning construction at Colonial Park before the City has replacement park space at the YMCA and before the YMCA usage study is completed. Council Member Griffin commented that an email that was sent out by a Board Chairman shows an increasing disrespect towards the Council. She suggested that the emails be monitored and have either the City Secretary or City Manager be the recipient in order to follow the law for open record requests. Mayor Lewis reminded the Council that as liaisons to the Boards and Commissions they are there as liaisons and not as members of the group. She suggested that, as a courtesy, if anything appears on a Council agenda that relates to a Board or Commission, the liaison should contact the Board to let them know. She also suggested that if a member of Council would like something added to a Board or Commission agenda, to please make that request through the Board or Commission Chairperson. 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 Farley, to adjourn. The Regular Session adjourned at 6:15 p.m. 4