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HomeMy WebLinkAboutMn. 2011.06.07 366 MINUTES AGENDA #2815 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER - CITY HALL TUESDAY, JUNE 7, 2011, 5:00 P.M. 2:02 - 3:14 P.M. THE COUNCIL CONVENED INTO CLOSED EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 551.071 TO RECEIVE CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY REGARDING ZONING ISSUES. NO ACTION W AS TAKEN. EXECUTIVE CONFERENCE ROOM, CITY HALL. 3:30 - 4:00 P.M. PUBLIC WORKS DIRECTOR BUD SMALLWOOD DISCUSSED THE ST A TUS OF FUTURE INFRASTRUCTURE IMPROVEMENTS TO THE MIRACLE MILE RET AIL AREA. COUNCIL CONFERENCE ROOM, SECOND FLOOR, CITY HALL. After Mr. Smallwood's presentation, Mayor Davis asked that staff present the Council with options for landscaping the Miracle Mile area. City Manager Livingston also suggested that the entrances for Snider Plaza be included in that planning. Mr. Livingston said that the Commercial/Retail Advisory Committee could be a good source of ideas as well. Parks Director Gerry Bradley recommended that the plan provide funding for basic landscaping for plants and small trees, and include running water and decorative lighting for both the Miracle Mile area and the Lovers Lane entrance to Snider Plaza. Mr. Livingston said the budget could be $50,000 to $100,000. 4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW CITY COUNCIL ~. CONFERENCE ROOM, SECOND FLOOR, CITY HALL. I. CALL TO ORDER The Regular City Council Meeting was called into session at 5:00 p.m. in the Council Chamber at City Hall. Present were Councilmember Stewart, Mayor Pro Tern Grable, Mayor Davis, Councilmember Clark, and Councilmember Begert. Also in attendance were City Manager Livingston, and City Attorney Dillard. A. INVOCA TION: City Attorney Robert L. Dillard, III B. PLEDGE OF ALLEGIANCE: City Attorney Robert L. Dillard, III / Boy Scouts Two Boy Scouts assisted in leading the Pledge of Allegiance. They introduced themselves as Harrison Carr, Troop 518, working on his Citizenship in the Community merit badge, and Rishee Batra, Troop 730, also working on his Citizenship in the Community merit badge. C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D. INTRODUCTION OF STAFF: City Manager Bob Livingston City Manager Bob Livingston introduced staff in attendance as: Community Information Officer Steve Mace, Information Services staffer Ken Irvin, Police Chief - 367 Gary Adams, Public Works Director Bud Smallwood, City Secretary Liz Spector, Parks Director Gerry Bradley, Community Development Director Robbie Corder, Finance Director Kent Austin, Administrative Intern George Ertle, Fire Chief Randy Howell, and Assistant Public Works Director Jacob Speer. Fire Chief Howell introduced several members of his staff in attendance. They included Administrative Assistant Phyllis Mahan, and fire personnel Billy Bounds, Dustin Lewis, Earl Starnes, Shane Schindler, Joe Watkins, Shane LeCroy, Stuart David, Scott Green, Brad Tucker, and Max Raney. II. AWARDS AND RECOGNITION A. RECOGNITION: of Fire Chief Randy Howell for recent designation of "Chief Fire Officer" from the Center for Public Safety Excellence Mayor Davis stated that in May, Fire Chief Randy Howell was notified that the Commission on Professional Credentialing had voted unanimously to award him the designation of "Chief Fire Officer." Mayor Davis said that Chief Howell is one of only 761 CFO designees worldwide. Mayor Davis called Fire Chief Howell to the lectern and presented him with a certificate of recognition. III. CONSENT AGENDA A. CONSIDER AND ACT: on approval of an Interlocal Cooperation Agreement for Joint Provision ofa D.A.R.E. Officer for FY2011 This interlocal agreement with the Town of Highland Park provides for the sharing of costs to provide a D.A.R.E. Officer for the Highland Park School District for the 2011 fiscal year. B. CONSIDER AND ACT: on an Interlocal Cooperation Agreement for Joint Provision of a Student Resource Officer (SRO) for FY2011 This interlocal agreement with the Town of Highland Park provides for the sharing of costs to provide a School Resource Officer for the Highland Park School District for the 2011 fiscal year. C. CONSIDER AND ACT: on a contract with Freese & Nichols to provide engineering services associated with conducting a water distribution system evaluation, updating the hydraulic model. and correcting a deficiency in pumping operations at the Germany Park booster pumping station This proposal from Freese & Nichols for $46,500 is to update the hydraulic model for the city's water distribution system. The company will also make recommendations to allow automatic operation of the booster pump station during emergency conditions. D. CONSIDER AND ACT: on approval of settlement in Moore v. City of Dallas regarding MICU billing 368 This agreement for $37,784.99 will settle the lawsuit brought by the United States Government regarding MICU insurance billing. The billing practice that was under review has now been modified to correctly code MICU calls. In addition, the city will employ an outside auditor to annually perform statistical reviews and report any inconsistencies. E. CONSIDER AND ACT: on an ordinance approving Oncor Electric settlement agreement By Council resolution, University Park joined 159 other cities in the Steering Committee of Cities Served by Oncor to review and challenge Oncor's rate hike request in January 2011. The Steering Committee worked to negotiate an agreement with Oncor to reduce their initial rate increase request by 60%. This agreement impacts the average residential user by increasing their monthly Oncor bill $2.35 and will be implemented in two phases, July 1,2011 and January 1,2012. ORDINANCE 11/09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR ("STEERING COMMITTEE") AND ONCOR ELECTRIC DELIVERY COMP ANY LLC ("ON COR" OR "COMPANY") REGARDING THE COMP ANY'S APPLICATION TO INCREASE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RA TEMAKING EXPENSES; ADOPTING T ARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ONCOR'S PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL. ~. F. CONSIDER AND ACT: on approval of minutes of the May 17, 2011 City Council Meeting Councilmember Clark made a motion to approve the Consent Agenda. Councilmember Stewart seconded, and the motion carried unanimously. IV. MAIN AGENDA A. CONSIDER AND ACT: on a request from the Rotary Club of Park Cities for a static display of an Army Apache Helicopter during the July 4th Parade and Picnic Parks Director Gerry Bradley addressed the Council. He said members of the Park Cities Rotary Club are present and will answer any questions the Council may have regarding their request for the display of an Army helicopter at the July 4 parade and picnic in Goar Park. -- 369 Mr. Cleve Clinton addressed the Council. He said he made arrangements with Police Chief Adams and Fire Chief Howell to visit the proposed landing site with the pilot of the helicopter and walk through specific landing protocals. Mr. Clinton also stated that he had received a letter from the FAA stating their approval of the helicopter landing. Councilmember Begert mentioned that he understood the Rotary Club had obtained a one-day $10 million dollar insurance policy with the city as a named coinsured to be in effect for the July 4 event. Mr. Clinton said that was correct. Mayor Davis mentioned that the Rotary Club is in charge of the annual parade. He thanked Mr. Clinton for complying with all the requests the city had made to allow the helicopter landing. Councilmember Begert made a motion to approve a request from the Rotary Club of Park Cities for a static display of an Army Apache Helicopter during the July 4th Parade and Picnic. Councilmember Clark seconded, and the motion carried unanimously. B. PUBLIC HEARING: on an ordinance amending Section 28-106 of the University Park Comprehensive Zoning Ordinance to permit gates and columns up to eight feet (8') in height in the SF -1 District Community Development Director Robbie Corder said this request to allow property owners in the SF -1 district to construct gates and columns up to 8 feet in height at driveways in required front yards had been before the Council previously. He said the Council had previously referred the request to ZOAC and to P & Z and both committees had unanimously recommended adoption of the proposed change. Mr. Corder reminded the Council the current ordinance allows 6 foot gates and columns. Mr. Corder said homeowners would still be required to obtain a special exception from the Board of Adjustment. Mayor Davis opened the public hearing. As there were no requests to speak on the item, Mayor Davis closed the hearing. C. CONSIDER AND ACT: on an ordinance amending Section 28-106 of the University Park Comprehensive Zoning Ordinance to permit gates and columns up to eight feet (8') in height in the SF -1 District Councilmember Bob Clark asked if the ordinance specified if columns must be adjacent to gates. Mr. Corder said the ordinance states "located at driveways." City Attorney Rob Dillard said the ordinance would be clarified to state "abutting a driveway." Councilmember Clark made a motion to approve an ordinance amending Section 28- 106 of the University Park Comprehensive Zoning Ordinance to permit gates and columns up to eight feet (8') in height in the SF -1 District. Councilmember Stewart seconded, and the motion carried unanimously. ORDINANCE 11/10 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY 370 OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 28-106 IN PART TO PERMIT GATES AND COLUMNS UP TO EIGHT FEET (8') IN HEIGHT IN AN SF-l DISTRICT; 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. D. DISCUSS: a request to amend Article 4.800 University Park Code of Ordinances regarding special events Director of Community Development Robbie Corder said he received a request from Ms. Elin Greenberg for the city to allow the Friends of the University Park Library to conduct a flea market in the parking lot at Chase Bank with proceeds to benefit the Library. Mr. Corder stated that under current zoning, a flea market cannot be conducted at that particular location because it is zoned P, Parking. He said that the Code of Ordinances section regarding special events could be amended to include the P districts if the Council was agreeable. He said there are only three areas this would affect, the parking lot of Chase Bank, the parking lot in Preston Center East, and a very small lot behind a retail area on Hillcrest. Mr. Corder told the Council if they amended the ordinance it would allow staff to review each request individually and make the determination for occasional sales to occur without having to request Council approval. Mayor Davis asked for a motion to direct staff to amend Article 4.800 of the Code. Councilmember Begert made a motion to request staff to bring an amendment to Article 4.800 of the University Park Code of Ordinances regarding special events to the Council for their consideration. Councilmember Clark seconded, and the motion carried unanimously. E. CONSIDER AND ACT: on proposed schedule for Legacy Hillcrest planned development district zoning application City Manager Livingston said the final item on the agenda was to approve a schedule for action on the Legacy Hillcrest PD application. Mayor Davis said it may be necessary to change the dates, however the Council hopes that does not occur. Mayor Davis said a public hearing will be scheduled for July 19, 2011, a work session to include the Council, staff, and representatives of Legacy Hillcrest will be scheduled for September 6, 2011, and final consideration of the request and possible adoption of an approving ordinance will be scheduled for October 4, 2011. He said this would give Legacy Hillcrest time to review the proposed ordinance prior to Council action. Mr. Art Anderson representing Legacy Hillcrest addressed the Council. He said he wanted to assure his client that they would be able to withdraw their application prior to adoption of an ordinance. Mayor Davis said the applicant would be provided a copy of the Council's final draft of the proposed ordinance with sufficient time to make that determination. 371 Mayor Davis thanked Mr. Anderson for his comments. V. ITEMS FROM THE FLOOR City Manager Livingston explained to the audience that by law, Council may not discuss any item not on the current agenda other than with statement of specific factual information or a recitation of existing policy. There was no one who wished to address the Council and Mayor Davis adjourned the meeting. Considered and approved this 21 st day of June, 2011. U/W)~ W. Richard Davis, Mayor ATTEST: