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HomeMy WebLinkAboutMn 02-03-09441 MINUTES -- AGENDA #2754 CITY COUNCIL MEETING CITY OF UNNERSITY PARK, TEXAS COUNCIL CHAMBER - CITY HALL MODULAR BUILDING TUESDAY, FEBRUARY 3, 2009, 5:00 P.M. 1:30 - 2:00 P.M. PRESENTATION: COUNCIL ATTENDED THE GROUNDBREAKING CEREMONY OF COFFEE PARK 2:15 - 4:00 P.M. EXECUTIVE SESSION: UNDER TEXAS GOVERNMENT CODE SECTION 551.071, THE COUNCIL CONVENED INTO EXECUTIVE SESSION FOR DISCUSSION WITH CITY ATTORNEY REGARDING ALLEY RIGHT-OF-WAY ENCROACHMENTS AND PENDING LITIGATION REGARDING ONCOR AND UNDER SECTION 551.072 FOR DISCUSSION OF POSSIBLE PURCHASE OF REAL PROPERTY - NO ACTION WAS TAKEN. FIRE DEPARTMENT TRAINING ROOM, CITY HALL 4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW - FIRE DEPARTMENT TRAINING ROOM, CITY HALL 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. -- I. CALL TO ORDER A. INTRODUCTION OF COiJNCIL: Mayor James H. Holmes, III B. INVOCATION: Community Information Officer Steve Mace C. PLEDGE OF ALLEGIANCE: Community Information Officer Steve Mace D. INTRODUCTION OF STAFF: City Mana~er Bob Livingston Bob Livingston introduced staff in attendance as follows: John Gillette, Fire Marshal; Gary Adams, Chief of Police; Randy Howell, Fire Chief; Ken Irvin and Tim Pope, Information Services; Jim Criswell, Director of Information Services; Bud Smallwood, Director of Public Works; Kent Austin, Director of Finance; Steve Mace, Community Information Officer; Robbie Corder, Director of Community Development; Gerry Bradley, Director of Parks; and Liz Spector, City Secretary. II. CONSENT AGENDA A. CONSIDER AND ACT: on Tennis Court Reservation Policy Director of Parks, Gerry Bradley addressed Council. He said that Article 13.200, Section 13.202 of the City Ordinance stated that tennis reservations may only be made up to 48 442 hours in advance but that over the years, the tennis reservation system evolved to allow tennis pass holders to reserve courts up to 2 weeks in advance. Mr. Bradley stated that over -. the past 6 months,staff had received numerous complaints from tennis court patrons regarding this issue and that the major concern was that citizens were not able to reserve a court due to the large amount of tennis pros blocking key times up to 2 weeks in advance. He said his staff researched reservation policies of surrounding areas and found that the majority of cities with tennis court facilities, including Highland Park, Richardson, Garland and Carrollton, had a 48-hour reservation policy. Mr. Bradley recommended to Council that the City adhere to the City Ordinance and strictly enforce the policy of no reservations allowed more than forty-eight (48) hours in advance with a time limit not to exceed 2 hours at a time. In addition, the Parks Department staff made the following recommendations: 1) Reservations will be taken by the Parks Department Office, not the Police Chief; 2) Add regulation that courts can be reserved for no more than two (2) hours at a time; 3) Remove wording stating requests will be considered immediately after 5:00 p.m. each day; and 4) Tennis Courts should close at 10:00 p.m. instead of 11: 00 p.m. reducing lighting impact and noise in the neighborhoods. ORDINANCE NO. 09/06 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING SECTION 13.202 "RESERVATIONS REQUIRED"; REGULATING THE USE OF CITY TENNIS COURTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS (~500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. B. CONSIDER AND ACT: On the HGAC purchase of a 2009 Chevrolet Colorado for the Engineering Divison Purchasing Agent Christine Green addressed Council and stated that staff recommended the purchase of a 2009 Chevrolet Colorado through HGAC (Caldwell Country Chevrolet) in the total amount of $20,943.00. C. CONSIDER AND ACT: on Approva} of Minutes from the January 20, 2009 City Council Meeting City Manager Bob Livingston stated that the Consent Agenda contained items considered routine in nature by staff although any item may be pulled for individual discussion if Council preferred. No items were removed from the Consent Agenda. Councilmember Clark made a motion to approve the Consent Agenda. Mayor Pro Tem Walker seconded, and the motion carried unanimously. IIL MAIN AGENDA A. DISCUSS• Rec~uest from Property Owners of 3825 Greenbrier Regarding Variance Denial Director of Community Development, Mr. Robbie Corder addressed Council regarding a 443 letter he received from the property owner of 3825 Greenbrier regarding a variance denial. ~- He stated that the property owners, Mr. & Mrs. Chapman, appeared befare the Board of Adjustment on December 16, 2008 with a variance application to Section 21-100(3)(a)(i) and Section 21-100(3)(a)(ii) of the City of University Park Comprehensive Zoning Ordinance. He stated that this section of the ordinance prohibited vertical wall surfaces in excess of 12' 6" for lengths greater than forty-two percent (42%) of the total lot depth but that this section did allow for vertical wall surfaces to exceed the 42% rule if an additional setback of one foot (1') for each two foot (2') in vertical wall surface height above the 12' 6" limit is provided. Mr. Corder said the intent of this section of the zoning ordinance was to limit the mass of a residential structure facing a neighboring lot and in the rear yard and the 42% rule was added to the zoning ordinance in December, 2001. The Board of Adjustment (BOA) denied their variance request since the Chapmans did not have a property hardship. Mr. Corder said that the Chapmans requested that the City Council consider allowing the proposed design as submitted to the BOA. Mr. Corder stated that the City Council would need to amend the Comprehensive Zoning Ordinance specific to sections 21-100(3)(a)(i) and 21-100(3)(a)(ii) in order to permit this variance. Mayor Holmes stated that the City Council could not override the decision of the Board of Adjustment and that any disagreement with the decision of the Board of Adjustment must be taken to Dallas District Court. He said that City Council does have power to change an ordinance but he and his colleagues on the Council would have to review the information they had before formally considering amending the ordinance. A. CONSIDER AND ACT: on an Agreement Between the City of University Park and Southern Methodist University Regarding Sale of Potomac Park and Other Rights-of- '- Way by the Citv to the Universitv City Manager Bob Livingston stated that several representatives of the City and University had held discussions over the last several months regarding processes and other issues surrounding the sale of Potomac Park and other land by the City to the University. Mr. Livingston stated this was a complex transaction that involved not only the land sale but also consideration for the manner in which utility service will be maintained to the campus before and after this sale along with the substantial construction that will occur. He also stated this agreement responded to the City's concerns regarding the financial impact to the City now and in the future. Mr. Livingston said that Council was familiar with this agreement which was basically a process for the appraisal of the property SMU wished to purchase from the City. Also included is an agreement to cover possible loss of city revenue that would occur if certain uses are discontinued. Mr. Livingston stated that City staff recommended that Council approved the agreement and if approved, Leon Bennett of SMU would be contacted and the process would begin for appraisal. Mayor Holmes stated that he and his colleagues on the Council along with Mr. Livingston wished to thank Dr. Gerald Turner, Leon Bennett and SMU Board of Trustees for their cooperation in reaching this agreement, and he also thanked City staff for their assistance in completing this process. 444 Councilmember Clark made a motion to approve an Agreement Between the City of University Park and Southern Methodist University Regarding Sale of Potomac Park and - Other Rights-of-Way by the City to the University. Councilmember Carter seconded, and the motion carried unanimously. A. CONSIDER AND ACT• on a Resolution Authorizing the City Manager to Execute a Contract with SYB Construction for the Emer~ency Installation of a Water Line Director of Public Works Bud Smallwood addressed Council regarding the HPISD expansion of the Hyer Elementary campus. He said that during the review process, the City Fire Marshal, John Gillette, tested hydrants around the perimeter of the block and concluded that there was not sufficient pressure to sustain a fire sprinkler system for the building. Mr. Gillette reported his findings during a recent pre-construction meeting and informed HPISD staff they would be responsible for the installation of a new water main along the south side of the campus based on the fact that this water main installation is made necessary by improvements to a school district campus which is not part of the City infrastructure. HPISD previously funded such improvements itself (water, sanitary & storm sewer facilities at McCulloch; water main at UP Elementary, and a 60" storm sewer and a sanitary sewer at HPHS). The preliminary cost estimate for the proposed water main improvement was $1,150, 000 which would be shared by HPISD, University Park Methodist Church and the City of University Park. Mr. Smallwood stated that although this water main project is not identified in the Capital Improvements budget, HPISD needed to move forward with their project at Hyer. He said that the cost for the City's share of the project could be funded by deferring part of the next "mile-per-year" utility replacement or by raising water rates. He said that a rate increase of $0.10 to $0.20 per 1,000 gallons would generate between $188,000 to $377,000 annually with a monthly cost of $1.30 to $2.60 to the average homeowner. Mayor Pro Tem Walker made a motion to approve the Resolution Authorizing the City Manager to Execute a Contract with SYB Construction for the Emergency Installation of a Water Line. Councilmember Carter seconded, and the motion carried unanimously. RESOLUTION NO. 09-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE EMERGENCY REPLACEMENT CONSTRUCTION OF A WATER LINE; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. A. DISCUSS• Council Recommendations Re~ardin~ Possible Development of a Smokine Ordinance for the City of University Park City Manager Livingston addressed Council. He stated that the City had received some inquiries related to the adoption of a local "no smoking" policy. He noted that all of the surrounding cities have adopted smoking ordinances and the City of University Park has not. Mr. Livingston mentioned that since putting this report together, the Texas Legislature has shown interest in enacting a state ordinance which would supercede any local 44~ ordinance. Due to this, Mr. Livingston recommended tabling the adoption of a smoking _ ordinance and asked to bring this item back in July or August after the Texas Legislature had met. Councilmember Carter made a motion to table the Possible Development of a Smoking Ordinance for the City of University Park until further developments from the Texas Legislature. Councilmember Clark seconded, and the motion carried unanimously. A. CONSIDER AND ACT: on an A~reement with Oncor Electric Deliverv Re ag rding 138kV Transmission Line Robbie Corder stated that Oncor Electric had agreed to several requests made by City staff in order for the City to drop an appeal regarding the relocation/removal of transmission lines in the City. He said that Oncor had presented a letter which stated what they were willing to do if the City would drop any appeals regarding this issue. Mr. Corder quoted from Oncor's letter as follows: "As a matter of standard business practice and in an effort to work/communicate with University Park, Oncor will notify the City of any plans to perform modifications to the Greenville/Lomo Alto transmission line 12 months prior to start of such construction. During the initial part of the 12 month notification period, Oncor will participate with the City in a public meeting to inform the citizens of Oncor's intentions and reasoning far the need to enhance the condition of the transmission line. During the course of this meeting, Oncor will provide exhibits showing the nature and type of facilities to be installed." Mr. Corder stated that City staff recommended accepting the offer from Oncor and dropping any appeal. - Mayor Holmes stated that he and Mr. Carder sat through several PUC meetings and the PUC hearing. He said that he had read their 34 page opinion that he felt was well-documented and authoritative with citations that supported most if not all their arguments. Mayor Holmes said that the City's brief was very well done. Based upon the adverse ruling by the PUC which stated that the City exceeded its authority to require Oncor to remove the transmission line, the City appealed to the District Court in Austin where the Court ruled against the City in a two and a half page opinion letter. Mayor Holmes recommended acceptance of the agreement letter from Oncor dated January 30, 2009. He stated that it was in the best interest of residents and City to drop the appeal and moves approval of accepting the terms in the letter. The City Attorney, Rob Dillard, said to write a letter to Randy Newsome at Oncor accepting the terms of the letter and this would be final if Council so moved. Mayor Holmes made a motion to approve the Agreement with Oncor Electric Delivery Regarding 138kV Transmission Line. Councilmember Grable seconded, and the motion carried unanimously. IV. ITEMS FROM THE FLOOR Mayor Holmes stated if there was anyone who wished to address any item not on the agenda that they may do so at this time. He stated that it should be made aware that Council cannot act on any item not on the agenda, but they may respond with specific factual information or a recitation of 446 policy. Mayor Holmes received two requests to speak. Max Fuqua addressed Council. He stated that he was a representative of the businesses in Snider Plaza. He wanted to bring to Council's attention to the article in Park Cities People where Snider Plaza received a most-favored shopping status. He asked if the City would consider a city-directed "shop local" campaign, possibly starting with the Web site and the Arbor. Mr. Fuqua stated that he felt this could be done without excluding anyone and include any business located within the school district. Mr. Fuqua stated that the Merchants Association would be willing to spend a good deal of money towards promoting this and that it would help keep tax dollars going back to the schools, children and city where the local shoppers live. Kitty Holleman addressed Council. She stated that she was concerned with the multi-family dwellings being built in the 4100-4200 blocks of University Blvd. and wanted Council to be aware of her concerns. Mayor Holmes thanked Mr. Fuqua and Mrs. Holleman Kitty for their comments. Seeing no one else who wished to speak, Mayor Holmes adjourned the meeting. Passed and Approved this 17th day of February, 2009. ATTEST: K 11 Wal er, Mayor P o Tem Eli eth Spector, City Secretary