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HomeMy WebLinkAbout01-19-05426 MINUTES #2502 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, JANUARY 19, 2005, 7:30 A.M. Mayor Blackie Holmes opened the meeting of the City Council. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Harry Shawver, Kelly Walker and Syd Carter. Also in attendance were City Attorney Rob Dillard and City Manager Bob Livingston. City Secretary Nina Wilson was absent and excused. ITEMS FROM THE FLOOR Boy Scouts Brian Banks and Craig Archibald, who are working on their Citizenship in the Community Merit Badges, introduced themselves. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Shawver seconded, and the vote was unanimous to approve the Consent Agenda: CONSENT AGENDA CONSIDER BID #05-08 FOR ANNUAL CONTRACT OF CRUSHED CONCRETE BASE: Big City Crushed Concrete was awarded the bid in the amount of $5.00 per ton for the 3/8" fine material and $6.10 for the flex-type material with a $2.00 per ton delivery fee. These prices have gone down by $0.25 and $0.15 per ton respectively since the last bid in October 2002. The Street Division expects about 80% of its orders will be delivered with the remaining 20% picked up by City employees. Based on this ratio, this contract is worth approximately $50,160. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For January 4, 2005. MAIN AGENDA CONSIDER RIGHT-OF-WAY LICENSE AGREEMENT FOR 4044 GLENWICK: Mr. Jack Little requested Council consideration of a license agreement giving him permission to work within the City's right-of-way. Mr. Little is making drainage improvements to his property, and has requested permission to tap a surface drain into the City's storm sewer system. Councilmember Shawver moved approval of the license agreement. Councilmember Carter seconded, and the vote was unanimous to approve a right-of-way license agreement for 4044 Glenwick. CONSIDER REQUEST TO ABANDON STREET RIGHT-OF-WAY ADJACENT TO 5701 ARMSTRONG PARKWAY: Mr. Thomas Flood is interested in the purchase of a certain street right-of-way along his Armstrong Parkway frontage. The property line is approximately eight feet west of the sidewalk. Mr. Thomas requested the City abandon a strip approximately four to five feet wide, from the alley south approximately fifty feet. Staff will request an independent appraisal to determine the fair market value for the right-of-way and request the City Attorney develop an abandonment ordinance, which will be placed on the February 1, 2005 Agenda for Council consideration. Mayor Pro Tem Roberts moved approval of the request. Councilmember Kelly seconded, and the vote was unanimous to abandon the street right-of-way adjacent to 5701 Armstrong to Mr. Thomas Flood. 427 CONSIDER RESOLUTIONS TO INTERVENE IN NATURAL GAS COST PRUDENCE REVIEW AND SUSPEND PROPOSED RATES AUTHORIZED BY GRIP: The first resolution referred to as the Gas Cost Prudence Review deals with the cost of the gas component of the bill. The second resolution deals with Atmos' notice of intent to implement a new type of rate increase, called a GRIP increase, which applies to the second component of a gas bill, the cost of service charge. With this GRIP filing, Atmos is attempting to increase the profit component of its cost of service rates due to claimed increases in capital investment in its utility system in the calendar year 2003, substantially above 2002 investment levels. Atmos' current rates are designed to recover $98 million in annual profits. Atmos has stated publicly that its operating costs for 2005 will be as much as $45 million less than TXU's for operating the same system, resulting in additional profits in that amount. If so, Atmos should not be allowed to impose another $8.5 million rate increase on customers, but should be required to reduce its rates to avoid over-earning. Atmos has also stated that it plans to file for another GRIP increase in April of this year. Under the GRIP statute, unless the cities intervene, Atmos can continue to impose these increases without disclosing its full cost information for five and one-half years after its first GRIP increase. The cities' only remedy is to suspend implementation of the GRIP increase and require the utility to disclose sufficient information to determine whether another rate increase so soon after the May 2004 increase is justified. The second resolution suspends the planned implementation of the GRIP increase. Approval of the resolution authorizing City intervention in the gas cost prudence review and of the resolution suspending the proposed GRIP gas rate increase ensures that the City is fulfilling its duty as regulator of natural gas rates. Mayor Holmes moved approval of both resolutions. Councilmember Shawver seconded, and the vote was unanimous to approve the resolution authorizing City intervention in the gas cost prudence review and the resolution suspending the proposed GRIP gas rate increase. RESOLUTION NO. 05-02 A RESOLUTION BY THE CITY OF UNIVERSITY PARK, TEXAS SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID- TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES. RESOLUTION NO. 05-03 A RESOLUTION BY THE CITY OF UNIVERSITY PARK, TEXAS AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEPTEMBER OF 2004 AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES. 428 CONSIDER AGREEMENT WITH NEWMAN, JACKSON, BIEBERSTEIN LANDSCAPE ARCHITECTURE (NJB) FOR UNIVERSITY BOULEVARD DRAINAGE AND LANDSCAPE IMPROVEMENTS: As part of the City Hall/Goar Park ProjeCt, staff presented a proposal in the amount of $7,200 from (NJB) to provide architectural services for plans to develop specifications to build headwalls south of University Boulevard similar to the new City Hall culvert, providing aesthetic continuity along Turtle Creek, and allow for landscaping enhancements at Williams Park along University Boulevard. Park Director Gerry Bradley made a power point presentation showing the University Boulevard headwall and landscape enhancements. Councilmember Shawver moved approval of the agreement. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the agreement with Newman, Jackson, Bieberstein Landscape Architecture for University Boulevard drainage and landscape improvements. CONSIDER ORDINANCE AMENDING FY 2005 BUDGET: The amendment increases the General Fund expenditure budget of several departments for specific items, many of which were cut from the FY 2005 budget during preparation. The amendment also increases the General Fund revenue budget by $1,000 to account for a donation to the Police Department. Councilmember Walker moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance amending FY 2005 Budget. ORDINANCE NO. 05/02 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2004- 2005 FISCAL YEAR BUDGET, ORDINANCE NO. 04/35, TO APPROPRIATE $109,590 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $110,590 AND INCREASING REVENUES $1,000; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL FROM BUCHER, WILLIS & RATLIFF CORPORATION (BWR) FOR ENGINEERING SERVICES FOR DESIGN OF PUMPING STATION ASSOCIATED WITH EMERGENCY CONNECTION BETWEEN DALLAS WATER UTILITIES AND CITY OF UNIVERSITY PARK: The proposal from BWR in the amoUnt of $122,000 provides professional engineering services to design the recommended emergency water supply facilities. The proposal covers the design of a proposed pumping station associated with an emergency interconnection between Dallas Water Utilities and the City; connection to a Dallas Water Utilities' water main on Hillcrest, north of Northwest Highway; construction of a transmission main from that location to the City's Northwest Highway elevated storage tank, and installation of a booster pumping station at that site. Mayor Holmes moved approval of the proposal. Councilmember Walker seconded, and the vote was unanimous to approve engineering services for the design of a pumping station associated with the emergency connection between Dallas Water Utilities and the City. CONSIDER RESOLUTION OPPOSING LEGISLATION THAT WOULD NEGATIVELY AFFECT LOCAL GOVERNMENT REVENUES AND SERVICES: In the 2004 Texas legislative regular and special sessions, lawmakers debated several proposals that would have severely impacted the City's ability to raise revenue and fund needed services. Among the proposals was a 3% limitation of annual property appraisal increases, compared with 10% now, and the limiting of local government expenditure increases to the rate of inflation, with any additional increase requiring a citywide vote of approval. With the initiation of another special session on January 11, 2005, these same types of proposals are again being introduced. These 429 measures are similar to California's infamous Proposition 13, which greatly impaired the ability of local governments to raise revenue. The proposed resolution "opposes all school finance or tax reform efforts by the Texas Legislature that negatively impact the ability of local governments" to provide essential services and fund their operations. Mayor Holmes moved approval of the resolution. Councilmember Carter seconded, and the vote was unanimous to oppose legislation that would negatively impact local governments to provide essential services and fund their operations. RESOLUTION NO. 05-04 RESOLUTION OPPOSING ANY SCHOOL FINANCE OR TAX REFORM MEASURES THAT WOULD NEGATIVELY AFFECT LOCAL GOVERNMENT REVENUES AND SERVICES. DISCUSS ENCROACHMENT OF FRONT LINE BUILDING LINE AT 3739 BINKLEY: A staircase has been constructed onto the front of the two-story residence at 3739 Binkley so that it extends into the required front yard setback by approximately twelve feet. The existing staircase has evidently been in its current location and configuration prior to November 2000 and was built without a permit. In order to bring the property into compliance, the two landings, along with the steps that lead to the ground from these landings, must be removed. Once the landings and adjacent steps have been removed, the remaining stairs must be extended along the front of the house down to the ground. Council suggested the homeowner appear in front of the Board of Adjustment and, if the Board does not offer any relief, the stairs must be tom down. DISCUSS RECONSTRUCTION OF GERMANY PARK BOOSTER PUMPING STATION: The booster pumping station is in need of replacement; therefore, the Dallas County Park Cities Municipal Utilities District (DCPCMUD) has been working with an engineering consultant and City staff on the design of a new facility. The City's contract places the responsibility for the reconstruction, operation and maintenance on the DCPCMUD, and they have earmarked funds for the $2 million project. The design phase is nearing completion, and staff requested direction from the Council on whether the City should pay for, build and own the booster station and contract with or pay DCPCMUD to operate and maintain it, or should DCPCMUD pay for the replacement of the booster station with the City paying higher rates to DCPCMUD. Council decided that the City should build and own its own booster pumping station and contract with DCPCMUD to operate it. Mayor Holmes adjourned the meeting and called the Council into Executive Session at 4:55 p.m. for a consultation with the City Attorney regarding possible litigation under Section 551.071 of the Government Code. The Executive Session ended at 5:35 p.m. No action was taken during the meeting. PASSED AND APPROVED this 1 st day of February 2005. ATTEST: Deputy ~ Secretary fil~n~s H. Holmes III, Mayor