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HomeMy WebLinkAboutMn 10-21-08391. MINUTES --- AGENDA #2747 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER - CITY HALL MODULAR BUILDING TUESDAY, OCTOBER 21, 2008, 5:00 P.M. 1:00 - 3:00 P.M. DISCUSS QUARTERLY MEETING AND GOAL-SETTING SESSION WITH CITY MANAGER 3:00 - 4:00 P.M. DISCUSS DESIGN REVIEW OF HITZELBERGER, COFFEE AND SMITH PARKS 4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW FIRE DEPARTMENT TRAINING ROOM, CITY HALL L CALL TO ORDER Mayor Holmes opened the regular City Council Meeting at 5:00 p.m. in the Council Chamber in the City Hall Modular Building. Present were Mayor Holmes, Mayor Pro Tem Walker, Councilmember Carter, Councilmember Clark, and Councilmember Grable. Also in attendance were City Manager Livingston, and City Attorney Dillard. A. INTRODUCTION OF COiJNCIL: Mayor James H. Holmes, III B. INVOCATION: Councilmember Syd Carter C. PLEDGE OF ALLEGIANCE: Councilmember Syd CarterBoy Scouts D. INTRODUCTION OF STAFF: City Manager Bob Livin s~ ton City Manager Bob Livingston introduced City staff in attendance: Luanne Hanford, Human Resources Director; Gary Adams, Chief of Police; Tim Pope, IS Department; Jim Criswell, Information Services Director; Bud Smallwood, Director of Public Works; Randy Howell, Fire Chief; Gerry Bradley, Director of Parks; Kent Austin, Director of Finance; Jacob Speer, Assistant Public Works Director; Harry Persaud, Community Development Manager; Pat Grecco, Neighborhood Integrity Officer; Brandy Voge, Acting City Secretary; Liz Spector, Assistant City Secretary; Ken Irwin, Information Services; and Robbie Corder, Director of Community Development. II. AWARDS AND RECOGNITION Two Boy Scouts were in attendance and they introduced themselves as follows: Andy Kopel, 3804 Hanover St., working on the Citizenship in the Community Badge; and John Michael Fogarty, 3414 Hanover, working on the Citizenship in the Community Merit Badge. Also in attendance were three Youth Advisory Council (YAC) members as follows: Adam Weber, Vice Chair; Zachary Weber, and Nicholas Weber. 392 III. CONSENT AGENDA A. CONSIDER AND ACT: On Approval of Correcting Ordinance Amending 2008 Property Tax Rate Ordinance to Provide $250,000 Over-65 and Disabled Homestead Exemption In Februrary 2008 the City Council approved a$250,000 homestead exemption for taxpayers age 65 and over ar disabled. Due to staff oversight, the 2008 (FY2009)property tax rate ordinance, approved September 16, 2008, set the over-65 exemption back to $50,000 and omitted any exemption for disabled homeowners. The amending ordinance included on the October 21, 2008, agenda rightly restores the $250,000 exemptions as originally intended. B. CONSIDER AND ACT: On Resolution Denying Oncor Rate Increase Request City staff recommends approval of the resolution denying the Oncor rate increase request. Approval of the resolution will require transmission and distribution rates to remain the same and will lead to the decision's appeal to the Texas PUC. C. CONSIDER AND ACT: On an Ordinance Abandoning Street Right-of-Way Adjacent to 3501 Southwestern The property owner at 3501 Southwestern requested that the City abandon the street right- of-way along his Turtle Creek frontage. The City has no current or future use of the subject R-O-W, and staff asked the City Attorney to develop the enabling abandonment ordinance. The appraisal of the property provides the following calculation of fair market value (FMV): FMV =2553.22 SF @$87.804287/SF =$224,183.66 Once the property owner remits the Fair Market Value to the City, the City Secretary will provide a certified copy of the abandonment ordinance. The ordinance will be filed with Dallas County, and the property owner must have an amending plat developed to consolidate the abandoned R-O-W with his original platted lot. D. CONSIDER AND ACT: On Approval of the GuluWalk to Raise Awareness and Money for War-Affected Children in Northern Uganda. GuluWalk is requesting permission to use the northbound lane of Hillcrest as one leg of a walk they are planning to hold on Saturday, October 25, 2008. The walk will begin on the SMU Campus and end up on the Campus. One leg of the walk will include Hillcrest Ave. from Mockingbird to University and the group will then turn back onto the Campus. The purpose of the walk is to raise awareness and money for the war-affected children of Northern Uganda. The walk will begin at 11:00 a.m. E. CONSIDER AND ACT: On a Resolution Supporting the Dallas Area Rapid Transit Legislative Agenda that was Unanimously Approved by their Board of Directors DART has reyuested their thirteen member cities show united support in the 81 st Texas Legislative Session for the State Legislative Agenda of DART and City staff recommended support for this resolution. 393 F. CONSIDER AND ACT: On Approval of Minutes from October 7, 2008 City Council Meeting The consent agenda is a group of items that can be approved by the Council in one motion. They are considered relatively routine in nature, however any items can be removed if so wished. No items were asked to be withdrawn and Mayor Holmes asked Council for a motion. Mayor Pro Tem Walker made a motion to approve IIL CONSENT AGENDA. Councilmember Clark seconded, and the motion carried unanimously. IV. MAIN AGENDA A. PUBLIC HEARING: On A Request for Chan~e of Zoning from SF-2 to Planned Development District, PD-35 and Consideration of a Detailed Site Plan for a Tract of 0.929 Acres Situated on the Northwest Corner of Hunters Glen Road and Druid Lane Mayor Holmes opened the Public Hearing. The subject tract is comprised of lots 4004 Druid Lane and 6801 Hunters Glen Road. The tract is currently zoned single family SF-2 zoning district classification in accordance with the comprehensive zoning ordinance. The combination of the two single family lots resulted in an odd L-shaped tract. The proposed PD zoning with a detailed site plan is intended to create a building site in accordance with Section 11-100 (2) of the comprehensive zoning ordinance. The detailed site plan provides for the construction of a new single family home on the site in accordance with specific development standards consistent with the SF-2 zoning district. The proposed ordinance was designed to keep the development on this site consistent within the development standards currently in existence. Four property owners responded in favor of this zoning change and the Planning and Zoning Commission recommended passage. Staff and architects for the propeMy owner, Ms. Dedman, were present for questions. Community Development Manager Harry Persaud presented a Power Point which included a notification map showing area property owners who were contacted. The presentation also delineated the lots that were in question with a detailed site plan. Councilmember Syd Carter asked if there were any property owners opposed to the zoning change request and Mr. Persaud replied that there were none opposed. Mayor Holmes asked if the zoning changes were adopted as a PD, would the property owner have to come before to Council for any future changes. Mr. Persaud responded affirmatively. Seeing no one who wished to speak any further, Mayor Holmes the closed the public hearing. B. CONSIDER AND ACT: On an Ordinance Granting a Change of Zoning from SF-2 to Planned Development District, PD-35 and A~proving a Detailed Site Plan for a Tract of 0.929 Acres Situated on the Northwest Corner of Hunters Glen Road and Druid Lane 394 Councilmember Grable made a motion to approve the Ordinance Granting a Change of Zoning from SF-2 to Planned Development District, PD-35 and Approving a Detailed Site Plan for a Tract of 0.929 Acres Situated on the Northwest Corner of Hunters Glen Road and Druid Lane. Mayor Pro Tem Walker seconded, and the motion carried unanimously. C. DISCUSS: Possible Ordinance Revisions Re ag rding Alley Right-of-Way Encroachments At the September 2, 2008 City Council meeting, Council reviewed and discussed the recommendations of the Public Works Advisory Committee (PWAC) regarding right-of-way (ROW) encroachments and surface treatments. Staff incorporated the comments made during that discussion into two alternate ordinance provisions. Both alternatives "B" and "C" offer varying thresholds for removal of encroachments. These changes are designed to lessen the burden on residents in the case of more significant encroachments. The alternatives addressed masonry retaining walls and fences. Alternative "B" also provided relief to residents on the relocation of trash containers. The City has recorded 973 ROW encroachments since October 2007. 82 percent of those encroachments have been removed or corrected as of 10/08/08. Trash can violations represent the largest portion of the total encroachments at 52 percent with 75 percent of the trash can violations corrected. Assistant Director of Public Works Jacob Speer came to the podium to answer questions Council had regarding possible ordinance amendments. Mayor Holmes commended Mr. Speer along with Community Development Director Robbie Corder and Public Works Director Bud Smallwood for the work they put in on this during the last year. The Mayor stated that he wanted to be sure to address this issue from a resident-friendly standpoint as well as doing what is best for the City. Mayor Holmes asked the councilmembers for their opinions on this issue. Mayor Pro Tem Kelly Walker stated that she wanted to look towards alternative B as a solution but take the ordinance back to staff and have staff make the ordinance more simplistic and less fragmented for better enforcement. Councilmember Bob Clark also stated that he was in favor of alternative B but had concerns about the City being responsible for alleyway maintenance. Mr. Clark stated that he wanted to go with alternative B except for the clause relating to the alley parkway maintenance. For this topic he wanted to go with alternative C in which the adjacent property owner was responsible for maintenance of the alley parkway. Mr. Clark stated that he felt this proposal would make progress in clearing alleys yet remain citizen/resident friendly. Public Warks Director Smallwood stated that regarding maintenance of the alley, PWAC's intent was that the property owner be responsible for all alleyway maintenance, from mowing the grass to fixing ruts. Councilmember Clark stated that clarification was needed on "maintenance" of the alley. Mr. Smallwood stated that PWAC's intent was for property owners to be responsible for alleyways just as property owners are responsible for the front parkway (the area from the curb to the sidewalk). The intent of PWAC was for property owners to maintain everything in the alley from the fence line to the alley parkway including rutting and mowing. Councilman Jerry Grable felt that the definition of alley parkway is a problem. Mr. 395 Smallwood stated that currently, vehicles may drive over areas of the parkway causing ruts ~- and the City comes out and repairs this rutting. The intent of PWAC was for the homeowner to take care of the ruts. Councilman Grable said that he did not feel it was reasonble to require the property owner to be responsible for repairing ruts and all the councilmembers concurred. Councilmember Grable addressed the issue of tieing Subsection "C" trash can encroachment enforcements to the issuance of building permits over $20,000. Mayor Holmes said that he would live with the $20,000 building permit triggering the enforcement, but he was in favor of changing that clause to read "upon issuance of any permit to construct, replace, repair or alter any fence" and remove the $20,000 building permit clause. Mr. Smallwood asked for clarification if this was a permit for a fence only or for any permit on the property and Mayor Holmes said to tie to fencing permit only. Councilmember Grable asked if there was any alternative like an appeal process for homeowners who wanted an exception to cutting down trees or vegetation. Mr. Speer stated that all three alternative ordinance amendments allowed for an appeal process. Mr. Speer mentioned that a current requirement to obtain a fencing permit is that an inset must be built into the fence for trash can placement. Missing from the original ordinance is wording that states that trash cans must be placed in the inset. Councilmember Grable stated that the ordinance should be amended to say that if a fence has an inset, it must be used for trash can storage. Councilmember Carter stated that he wanted the city to take care of any ruts in the alleyway and that he wanted to get the trash cans out of the alleyway. Mayor Holmes directed staff ~ that Council would approve everything under B omitting the building permit in excess of $20,000 being the trigger for enforcement. Mr. Speer stated that as long as the ordinance is tieing things to dollar threshhold there will be administrative issues. He stated that the City has gotten part of the way and to go any further these dollar threshholds must be removed. The threshholds that are helping stagger this are also creating administrative problems. Mayor Holmes said that there are still two dollar threshholds, one for fences and one for masonry retaining walls. So he favors removing the $20,000 building permit threshhold for the trash can issue and requiinge placement of the trash cans inside the inset. Mr. Speer stated that he would work with the City Attorney on wording for this change. Councilmember Clark stated that a fencing permit should not be granted where a rolling gate covered the trashcan enclosure. Mr. Clark also asked that staff elaborate on alleyway maintenance. He stated that the owner should be responsible for grass mowing and that the city should be responsible for repairing ruts. Mr. Speer stated that the assumption seemed to be that the cause of the rutting in the alleyways is always the trash trucks, but that is not necessarily the case. The City has been repairing any ruts whether it was reponsible or not. Mr. Speer stated that if there are ruts, do not assess blame, just have the City repair them. Councilmember Clark agreed with this statement. City Manager Bob Livingston asked Mr. Speer to recount what he understood the Council wanted regarding the alley right-of-way encroachments so City staff can ask the City Attorney to draft the amended ordinance. Mr. Speer stated that the Council wanted to go with Alternative "B". Maintenance of alley parkways will remain as listed - City will 396 be responsible for maintenance of the grade of the alley, but the homeowner will be responsible for mowing and pulling weeds, etc. No changes to the issues of concrete and other surface materials allowed in parkway. Manmade structures except licensed public utilities are prohibited and that masonry/concrete retaining walls that are determined to not be structurally necessary will be removed from the right-of-way upon issuance of a building permit for work in excess of $100,000 or upon the City staff determination that the wall represents a hazard to traffic using the alley. Subsection B: fences must be removed from the right-of-way upon issuance of a building permit for work valued in excess of $100,000 or upon issuance of a permit to construct, replace, repair or alter any fence or upon the City staff determination that the fence represents a hazard to traffic using the alley. Subsection C- trash cans and racks must be removed from the right-of-way upon issuance of any permit to construct, repair, alter or replace any fence or upon City staff determination that the trash receptacles represent a hazard to traffic utilizing the alleyway, whichever comes first. Mayor Holmes stated to Mr. Speer that the rest of the proposed ordinance revisions are as stated under Alternative "B" and Mr. Speer concurred. The proposed wording regarding trees, shrubs and other vegetation remains as listed, no changes to the wording regarding City Use and Restoration of the Alley ROW, leave the appeal process as written and finally, that the provisions of the proposed ordinance apply to all properties within the City of University Park upon the passage of this ordinance. Mr. Smallwood mentioned that any surface materials placed in the alley right-of-way by a homeowner have to meet city specifications which have been drafted already. These specifications include eight inches of large stone and 4 inches of small stone which won't rut. If the City is going to be responsible for maintaining ruts in the right-of-way, these specifications will help to minimize the risk of rutting. Mayor Holmes thanked everyone for their input. D. CONSIDER AND ACT: On Recommendations of the Public Facilities Namin~ Committee - October 2008 In September 2006, the City of University Park City Council appointed a Public Facilities Naming Committee to review nominees for the potential naming of public facilities and properties within our community. Nominees for facility naming have traditionally demonstrated an outstanding contribution through leadership and civic pride in support of the overall quality of life within University Park. During the October 2008 meeting of the Public Facilities Naming Committee, the Committee reviewed supporting documentation for recent nominees. These nominations include the following individuals and locations: Mr. William (Bill) Pardoe Park - Medians on University Drive between Preston and Park Street; and Mr. Olin Lane - Street Naming - Street between Westminster and Milton along Central Expressway. Based on the nomination request and the numerous letters of support reviewed by the Public Facilities Naming Committee, the Committee is requesting City Council consider the approval, through resolution, the above mentioned individuals and locations for facility naming. 397 -- Mayor Pro Tem Walker made a motion to approve the Recommendations of the Public Facilities Naming Committee - October 2008. Councilmember Carter seconded, and the motion carried unanimously. E. CONSIDER AND ACT: On A Resolution Accepting the Final Report and Recommendations of the Snider Hillcrest Strategic Plan Committee City Council approved the Snider-Hillcrest Strategic Plan on June 19, 2007. Council then appointed the Snider-Hillcrest Strategic Plan Committee to provide recommendations regarding development standards, parking, and financing mechanisms to implement the vision and concepts as set forth in the strategic plan. The final recommendation of the Committee was extended by about six months to receive a report and recommendations from Parking Consultants, Carl Walker Inc., regarding the Snider Plaza Parking Supply/Demand Analysis and Strategic Plan dated May 15, 2008. On August 26, 2008, Duncan Fulton, on behalf of the Committee, presented the summary recommendations to Council and on September 2, 2008, Council provided direction to staff to proceed to amend the Snider Plaza Planned Development District.The final report and summary recommendation of the Snider Hillcrest Strategic Plan Committee was presented to Council for consideration and acceptance. Staff added two items to the recommendations relating to the financing of additional parking resources and prohibiting drive through windows in Snider Plaza. Community Development Manager Persaud asked if Council had any questions. He stated that City staff recommended Council accept the recommendations made by the Snider Plaza- Hillcrest Strategic Plan Committee. Mr. Persaud also reminded Council that this resolution does not implement the recommendations, it merely accepts the recommendations. Councilmember Grable made a motion to approve the Resolution Accepting the Final Report and Recommendations of the Snider Plaza-Hillcrest Strategic Plan Committee. Councilmember Clark seconded, and the motion carried unanimously. Mayor Holmes asked to amend the motion approving the Snider P1aza~Hillcrest report to include staff recommendations regarding additional parking for Snider Plaza and the prohibition of drive-through windows and curb cuts. Councilmember Grable made a motion to approve the Resolution Accepting the Final Report and Recommendations of the Snider Hillcrest Strategic Plan Committee and City Staff Recommendations regarding Additional Parking for Snider Plaza and the Prohibition of Drive-through Windows and Curb Cuts in Snider Plaza. Councilmember Clark seconded, and the motion carried unanimously. F. DISCUSS: Building Height of the Primary Structure Within 40 feet of the Rear Propertv Line in Sin~le Family Districts and Provide Direction to Staff Council discussed a list of items relating to construction in the Single and Multi-Family Districts on September 16, 2008. On the issue of building height for single-family construction in the rear 40 feet, Council requested that this item be returned for further discussion and direction to staff. 39~ Community Development Manager Harry Persaud showed a Power Point presentation to Council stating that City staff is proposing amend the building height restrictions currently in place. Currently, University Park allows a maximum vertical wall surface of 12 ft 6 inches within 40 feet of the rear property line unless it is part of a gable, with the maximum building height at 35 feet. Staff proposed change the maximum building height of 25 ft. and maximum plate line height of 12 ft 6 inches within 30 feet of the rear property line. These proposed measurements are the same designated by the Town of Highland Park. Mayor Holmes suggested accepting the maximum building height of 25 feet. City Manager Livingston reminded Council that this proposal will go to the Planning and Zoning Commission. Mayor Holmes moved approval of the proposed building height restrictions within 40 feet of the rear property line and leaving plate line at 12 feet 6 inches. Councilmember Clark seconded the Mayor's recommendation. This proposed change will go first to ZOAC for their recommendations and then to P&Z before coming back to Council. Mayor Holmes made a motion to approve to direct staff to go to ZOAC and then to P& Z to amend the present ordinance to restrict building height to 25 feet within 40 feet of the rear property line leaving the plate line at 12 feet 6 inches . Councilmember Clark seconded, and the motion carried unanimously. G. CONSIDER AND ACT: On Hitzelberger and Coffee Park Desi~ns and Concepts City Council requested a meeting with landscape architect Mike Kilpatrick of Naud Burnett and Partners in an effort to provide direction regarding landscape modifications at Hitzelberger Park. City Manager Bob Livingston asked Director of Parks Bradley to recount his impressions of what Council wanted him to do. Mr. Bradley stated that based on the pre-session discussion, there will be modifications made to the eastern parcel of Hitzelberger Park. After hearing landscape designer Mike Kilpatrick's suggestions, it was decided to enter into a contract with Mr. Kilpatrick for $11,900.00 to get underway. Mr. Kilpatrick will deliver some preliminary drawings and then staff will bring those back to Council. Councilmember Clark made a motion to approve the contract with landscape architect Mike Kilpatrick for redesign of Hitzelberger Park. Councilmember Grable seconded, and the motion carried unanimously. Staff also took direction from City Council regarding the recently approved construction drawings involving the Coffee Park/Northwest Highway Screening Wall project. Staff asked for direction from Council regarding downsizing the proposed playground at Coffee Park and some of the playground equipment around the perimeter of the playground. Staff will bid the playground at the full size and at the reduced size and bring both bids back to Council for their evaluation. Staff believes that a significant amount of money can be saved on this project by downsizing the playground area. 399 The other item staff requested direction on was the meditation area in the northeast corner of --- the park. Staff suggested to bid this out as an alternate plan so Council can decide once the bids are received whether to eliminate it from the project. Mr. Bradley asked Council to give City staff the authority to advertise the Coffee Park Project to allow him to bring the bids back to Council by the first of the year. Councilmember Clark made a motion to approve City staff to advertise for bids for the Coffee Park Project . Councilmember Grable seconded, and the motion carried unanimously. H. CONSIDER AND ACT: On Coffee Park Play~round Grant On September 9, 2008, the University Park City Council approved construction drawings for Coffee Park. A major portion of the cost of the park development is contained within the purchase and installation of the Barrier Free Playground. The total cost of the playground is approximate $350,000.00. To date, fund raising efforts have raised approximately $15,000.00 to offset the total cost of the playground purchase.It has recently been brought to staff's attention that grant funding for a portion of the playground is now available. The grant program sponsored by the Gametime Company allows municipalities a 45% discount on identified play equipment in its campaign to "Fight Obesity Through Play." Gametime is also adding an additional reduction of 5% as part of the pre-pay program. Staff requested City Council consideration to purchase the play equipment prior to the November 7, 2008 grant deadline to save $61,955.50 in the cost of the playground ~" equipment. The purchase through Gametime will also reduce the typical 15% markup by the project contractor. Mr. Bradley noted that Gametime Company is listed on the "Buy Board" so this project will not be sent out for bid. Staff has used Gametime for the majority of the park playground equiment and has been very happy with their level of service and the quality of their equipment. Councilmember Carter made a motion to approve City staff to purchase the playground eyuipment for the Coffee Park playground area prior to the November 7, 2008 grant deadline to save $61,955.50 on the cost of the playground equipment . Mayor Pro Tem Walker seconded, and the motion carried unanimously. CONSIDER AND ACT: On a Resolution Authorizing CAPP to Negotiate a Contract for the Ci ,ty's Electricity Needs Finance Direct Kent Austin spoke to Council. He explained that this resolution was not the long-term contract proposal, but supplemented that arrangement and could be approved regardless of whether the City Council accepted the long-term contract proposal or not. Mr. Austin stated that it would authorize CAPP to negotiate a contract for wholesale electric power purchase for a five year period at rates between 8 to 8.5 cents per kilowatt. This would be purchased through Florida Power and Light and Direct Energy. Staff recommended approval of this resolution to authorize CAPP to negotiate an electricity 40~ contract. Councilmember Clark made a motion to approve a Resolution Authorizing CAPP to Negotiate a Contract for the City's Electricity Needs . Councilmember Grable seconded, and the motion carried unanimously. V. ITEMS FROM THE FLOOR Hearing no one who wished to speak before Council, Mayor Holmes adjourned the meeting at 6:15 p.m. Passed this 4th day of November, 2008 ATTEST: randy oge, Secret