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HomeMy WebLinkAboutMn 07-22-08351 MINUTES #2739 CITY COUNCIL MEETING `- CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER - CITY HALL MODULAR BUILDING TUESDAY, JULY 22, 2008, 5:00 P.M. Mayor Pro Tempore Kelly Walker opened the regular City Council Meeting at 5 p.m. in the Council Chamber in the City Hall Modular Building. Council members Syd Carter, Bob Clark, and Jerry Grable were in attendance. Mayor James H. Holmes, III was absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard, Acting City Secretary Brandy Voge and Assistant City Secretary Liz Spector. AWARDS AND RECOGNITION: RECOGNITION OF BOY SCOUTS: One Boy Scout from Troop 730, Phillip Kopita, 3431 Binkley, introduced himself and announced the badges on which he was working. Mayor Pro Tem Walker asked if the Boy Scout would lead the Pledge of Allegiance and he did so. Mayor Pro Tem Walker continued to the Consent Agenda. She indicated that the Consent Agenda consists of items considered routine in nature and that are passed in one motion. Mayor Pro Tem Walker asked if there were any items to be pulled off the Consent Agenda before approval and there were none. At this time Councilmember Grable stated he would abstain from the vote on the Consent Agenda due to a possible conflict of interest regarding one item on the Consent Agenda. Councilmember Syd Carter then moved approval of the Consent Agenda. Councilmember Bob `~ Clark seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER AND ACT ON AN ORDINANCE APPROVING AN AMENDED DETAILED SITE PLAN FOR PLANNED DEVELOPMENT PD-12 TO PROVIDE AN AREA ABUTTING CONNERLY DRIVE AND LOCATED ON THE EASTERN SIDE OF THE SITE, FOR TEMPORARY STORAGE UNITS: City Council held a Public Hearing on June 17, 2008, to discuss the amended detailed site plan submitted by the Park Cities YMCA. Council discussed the special conditions to be attached to the PD Ordinance and provided directions to staf£ On July 1, 2008, City Council moved to add two additional special conditions and bring the Ordinance back to Council for final approval. City staff recommends approval. ORDINANCE NO.O8/39 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 12 FOR THE PROPERTY DESCRIBED AS LOTS 1-8, BLOCK D, ST. ANDREWS PLACE ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, BEING COMMONLY KNOWN AS 6000 PRESTON ROAD; APPROVING AN AMENDED DETAILED SITE PLAN; PROVIDING ADDITIONAL SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED 352 THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER AND ACT ON THE PURCHASE OF A CONCRETE TRUCK THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM. The Utilities Division is requesting the purchase of a new 6-yard concrete truck to replace the existing 4-yard truck. The existing truck is 18 years old and was scheduled for replacement in 2000. Rather than replace the entire truck at that time, the City had a new mixer body mounted to the chassis and continued using the unit. The truck is now experiencing significant mechanical problems with both the chassis and mixer body. Replacing the current truck with a larger unit will reduce the number of trips the crews make daily to refill materials. This should increase the productivity of the crews and reduce fuel consumption. The HGAC vendor for the truck chassis (2009 International 7400 SBZ 6x4) is Santex Truck Center. The HGAC vendor for the mixer body (2008 MCD6-100 Mobile Concrete Dispenser) is CemenTech, Inc. The total cost for the complete unit is $138,691.00. City Staff recommends the purchase of this concrete truck. CONSIDER AND ACT ON APPROVAL OF CITY COUNCIL MEETING MINUTES FOR JULY 1, 2008. MAIN AGENDA PUBLIC HEARING ON AN ORDINANCE TO AMEND THE DETAILED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT PD-16, TO ALLOW FOR THE REMOVAL OF TWO EXISTING PORTABLE BUILDINGS AND TO ADD TWO NEW PORTABLE BUILDINGS AT THE NORTHEAST CORNER OF THE HYER ELEMENTARY SCHOOL CAMPUS, SITUATED ~ AT 3920 CARUTH BOULEVARD, IN THE CITY OF iJNIVERSITY PARK. Mayor Pro Tem Walker opened the Public Hearing. Community Development Manager Harry Persaud stated that HPISD is seeking approval for an amendment to the Detailed Site Plan for Planned Development District PD-16, to allow for the removal of two existing portable buildings and to add two new portable buildings on the northeastern corner of the Hyer Elementary School campus. The removal of the existing portable buildings will provide space on the site for HPISD to construct permanent additions to the primary buildings scheduled to be completed by August 2010, if not earlier. Mr. Persaud mentioned that Planning and Zoning Commission considered this item at a public hearing on July 8, 2008 and voted unanimously to recommend approval with special conditions. These conditions included the removal of the portable buildings within 30 days of the issuance of the Certificate of Occupancy and removal no later than August 31, 2010. In addition, the Commission gave the school district 60 days to remove the existing portable buildings after installation of the two new portable buildings. Mr. Persaud also stated that Mr. Ben Coker and Mr. Jon Polando were in attendance representing Highland Park Independent School District if there were any questions for them. Mayor Pro Tem Walker asked if there was anyone wishing to speak on this item. Seeing no one, Mayor Pro Tem Walker closed the Public Hearing. CONSIDER AND ACT ON AN ORDINANCE AMENDING THE DETAILED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT PD-16, TO ALLOW FOR THE REMOVAL OF TWO EXISTING PORTABLE BUILDINGS AND TO ADD TWO NEW PORTABLE BUILDINGS AT THE NORTHEAST CORNER OF THE HYER ELEMENTARY SCHOOL CAMPUS, SITUATED AT 3920 CARUTH BOULEVARD, IN THE CITY OF LTNIVERSITY PARK. Councilmember Carter moved to approve the Ordinance amending the detailed site plan for Planned Development 353 PD-16 to allow for the removal of two existing portable buildings and to add two new portable buildings at the northeast corner of the Hyer Elementary School campus, situated at 3920 Caruth Boulevard, in the city of University Park. Councilmember Clark seconded and the vote was unanimous to approve the Ordinance amending the detailed site plan for Planned Development district PD-16 to allow for the removal of two existing portable buildings and to add two new portable buildings at the northeast corner of the Hyer Elementary School campus, situated at 3920 Caruth Boulevard, in the City of University Park. ORDINANCE NO. 08/40 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 16 FOR THE PROPERTY DESCRIBED AS LOTS 1-18, BLOCK 39, UNIVERSITY HEIGHTS NO. 4 ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, BEING COMMONLY KNOWN AS 3920 CARUTH BOULEVARD; APPROVING AN AMENDED DETAILED SITE PLAN; PROVIDING ADDITIONAL SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING ON AN ORDINANCE TO AMEND THE DETAILED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT PD-19 TO ALLOW FOR THE REMOVAL OF TWO ~ PORTABLE BUILDINGS AND TO ADD TWO NEW PORTABLE BUILDINGS ON THE NORTH SIDE OF THE HIGHLAND PARK MIDDLE SCHOOL, LOCATED AT 3555 GRANADA AVENUE, IN THE CITY OF LINIVERSITY PARK. Mayor Pro Tem Walker opened the Public Hearing. Community Development Manager Persaud stated that HPISD is requesting to amend the Detailed Site Plan for the Highland Park Middle School to remove two existing portable buildings on the site and to add two new portable buildings on the north side along Granada Avenue. The removal of the existing portable buildings will create space on the site for HPISD to proceed with permanent additions to the primary buildings which are expected to be completed by 2010. The two new portable buildings on the north side of the site will be removed no later than August 31, 2010. Mr. Persaud displayed a drawing and photographs showing the existing site and the potential site for the new portable buildings, explaining that one of the portable buildings currently in place at the new site would stay, and two would be added. HPISD would have 60 days to remove the existing portable buildings after installation of the new ones. Once the Certificate of Occupancy is obtained after construction of the permanent structure, HPISD would be given 30 days to remove the portable buildings. The Planning and Zoning Commission considered this item at a Public Hearing on July 8, 2008 and voted unanimously to recommend approval with special conditions. Mayor Pro Tem Walker asked if there was anyone else wishing to speak on this item and seeing no one, closed the Public Hearing. CONSIDER AND ACT ON AN ORDINANCE TO AMEND THE DETAILED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT PD-19 TO ALLOW FOR THE REMOVAL OF TWO PORTABLE BUILDINGS AND TO ADD TWO NEW PORTABLE BUILDINGS ON THE `~ NORTH SIDE OF THE HIGHLAND PARK MIDDLE SCHOOL, LOCATED AT 3555 GRANADA AVENUE, IN THE CITY OF LTNIVERSITY PARK. Mayor Pro Tem Walker asked 354 for a motion to approve and Councilmember Clark moved approval of the Ordinance amending the Detailed Site Plan for Planned Development District PD-19, to allow for the removal of two existing portable buildings and to add two new portable buildings at the north side of the Highland Park Middle School, located at 3555 Granada Avenue, in the City of University Park. `' Councilmember Grable seconded and the vote was unanimous to approve the Ordinance amending the Detailed Site Plan for Planned Development District PD-19, to allow for the removal of two existing portable buildings and to add two new portable buildings at the north side of the Highland Park Middle School, located at 3555 Granada Avenue, in the City of University Park. ORDINANCE NO. 08/41 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 19 FOR THE PROPERTY DESCRIBED AS LOTS 1-28, BLOCK E, UNIVERSITY ANNEX ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, BEING COMMONLY KNOWN AS 3555 GRANADA; APPROVING AN AMENDED DETAILED SITE PLAN; PROVIDING ADDITIONAL SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DISCUSS A REQUEST FOR INSTALLATION OF A LARGE CUCKOO CLOCK AT 6601 SNIDER PLAZA AND PROVIDE DIRECTION TO STAFF. Restaurant Owner Karl Kuby is J requesting approval to install a large Cuckoo Clock on the roof of the existing building situated at 6601 Snider Plaza. The clock is estimated to project 8 feet above the parapet wall and is 6 feet 7 inches wide. According to Community Development Manger Persaud, under Section 12.212 of the Sign Ordinance, moving signs which include items such as clocks and other time or temperature recording devices are prohibited. The only option for Staff at this time is to deny the request. While a sign featuring moving parts might be distractive and create clutter, it could also enhance the eclectic ambience of the shopping center and make it more interesting for shoppers and pedestrians. In order to do this, the ordinance would need to be amended to allow for certain "special signage on specific buildings" and to establish the criteria and process for making a determination for those requests. Mr. Persaud displayed a photograph of the existing building facade with a depiction of the clock drawn on the photograph to illustrate how the clock might look on the building. He also displayed a sketch of the clock itself. Mr. Persaud mentioned that he would like to see a mock-up to scale of the clock on the building. Mayor Pro Tem Walker asked if there was anyone who wished to speak and Mr. Kuby came to the podium. He mentioned that there would be lights trained on the clock during the evening hours. Mr. Kuby said that he had smaller versions of this clock inside his store for years and that patrons and their children would come to the store just to see the clocks. He would let the children wind the clocks but the clocks were delicate and kept breaking. He had to move the latest clock up on a shelf so the children couldn't touch it. Mr. Kuby's son came up with the idea to reward his loyal customers by having this large clock installed outside the store. He stated that while there are similar clocks on buildings in Munich, Germany, there is nothing like this clock in Texas and that the closest one is in Minnesota. Mr. Kuby believes this clock will be an asset to the City. Councilmember Grable asked Mr. Kuby how ~ the size of the clock was determined and Mr. Kuby stated that the designer determined the size. 355 Councilmember Clark directed City Staff to draft an amending Ordinance to allow special signage on specific properties and to forward it to UDADAC (Urban Design and Development Advisory Committee) for their recommendation to Council. ~ PUBLIC HEARING ON THE WATER QUALITY CONSUMER CONFIDENCE REPORT. Mayor Pro Tem Walker opened the Public Hearing. Assistant Public Works Director Jacob Speer stated that each year, municipal water providers are required to mail Consumer Confidence Reports (CCR) to every residence within the community that provides detailed information regarding the drinking water supplied to city residents. The City's water supply meets and/or exceeds all regulatory standards based on water samples taken and tested during 2007. State regulations also require the water provider to offer residents two opportunities to ask questions in open forum regarding the CCR. During the July 1 st, City Council meeting, there were no public comments made. This is the second and final opportunity for the public to speak about the CCR. Seeing no one who wished to speak, Mayor Pro Tem Walker closed the Public Hearing. CONSIDER AND ACT ON A RESOLUTION SUSPENDING THE EFFECTIVE DATE OF THE ONCOR RATE INCREASE REQUEST. Finance Director Kent Austin stated that in 2005 Oncor, then known as TXU Electric Delivery, and the Steering Committee of TXU Cities reached a settlement agreement regarding electric rates and other matters. The settlement agreement followed a 2004 challenge by the Steering Committee regarding the reasonableness of Oncor's transmission and distribution (T&D) rates. One element of the agreement provided that Oncor would not file a rate increase request until mid-2008. On June 27 this year, Oncor filed its rate request, as provided by the settlement agreement. A letter by Debra Anderson, Oncor's Director of Regulatory Affairs, accompanied the Company's official Petition and Statement of Intent to Change Rates. As her letter indicates, Oncor's proposed rates take effect in University Park on August 8, 2008, unless the City suspends or denies the request before then. T&D rates remain the one regulated piece of electric charges in the deregulated Texas retail electric business. While individuals and businesses may choose among multiple retail electric providers, Oncor is still responsible for maintaining the infrastructure that delivers the actual electricity to each customer location. Accordingly, individual electric bills have two major components -"energy charges," which are the per kilowatt hour charges paid to a customer's electric provider, and "TDSP" or "non-bypassable" charges, which are paid to Oncor to maintain the delivery system. TDSP charges usually make up about 20% of a customer's total electric bill. Oncor estimates that the increased rates will raise their revenues $275 million, as their summary page shows. The impact overall on residential revenues is about 17.6%. The Company cites the following major components supporting the increase: • Depreciation $131 million • Storm cost/Self-insurance $ 81 million • Pension and post-retirement benefits $ 36 million Oncor estimates that the rate change will increase a typical residential customer's bill by about $60 per year. A comparison of the existing and proposed rates is shown below. T&D Char es Existin Pro osed % Chan e Customer charge er month) $2.74 $0.59 -78% Metering char e (per month) $2.21 $2.67 +21 % Transmission system charge (per kWh) $0.004493 $0.006014 +34% Distribution system charge (per kWh) $0.014070 $0.018961 +35% 356 As in past rate cases, the Steering Committee is coordinating a response to the rate request. A model staff report was prepared by the Steering Committee's legal counsel, the Lloyd Gosselink law firm in Austin, Texas. The Steering Committee recommends that cities act to suspend the effective date of the rate increase for 90 days, as permitted by the State's Public Utilities Regulatory Act (PURA). This will allow legal counsel and consultants for the Steering Committee to examine the rate request and arrive at a final recommendation for member cities. Mr. Austin stated that City staff recommends approval of the suspension resolution provided by the Steering Committee of Oncor Cities. In the past this approach has proved highly successful in restraining rate increases and obtaining the best outcome for all parties. Staff has met with Oncor representative Randy Newsom, who is aware of and does not object to suspending the rate increase request. Mayor Pro Tem Walker asked if there were any discussions or questions about this item and finding none, asked if there was a motion for approval from council. Councilmember Syd Clark moved approval of the Resolution Suspending the Effective Date of the Oncor Rate Increase Request. Councilmember Grable seconded and the vote was unanimous to approve the Resolution Suspending the Effective Date of the Oncor Rate Increase Request. RESOLUTION NO. 08-14 RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, SUSPENDING THE AUGUST 8, 2008, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ONCOR CITIES STEERING COMMITTEE TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS -f REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE Mayor Pro Tem Walker asked if there was any further business or Public Comments from the floor and hearing none, adjourned the meeting at 5:22 p.m. PASSED AND APPROVED this 12th day of August, 2008. J es . Holmes, II, yor ATTEST: Brandy Voge, ty Secr ary