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HomeMy WebLinkAboutMn. 2011.10.18 409 MINUTES AGENDA #2823 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER - CITY HALL TUESDAY, OCTOBER 18,2011,5:00 P.M. 3:30 - 4:00 P.M. EXECUTIVE SESSION THE COUNCIL CONVENED UNDER TEXAS GOVERNMENT CODE 551.072 FOR DELIBERATION REGARDING A REQUEST TO ABANDON THE HAYNIE/DANIEL ALLEY TO THE ADJACENT PROPERTY OWNER. NO ACTION WAS TAKEN. EXECUTIVE CONFERENCE ROOM, FIRST FLOOR, CITY HALL. 4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW 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. INVOCATION: Fire Chief Randy Howell B. PLEDGE OF ALLEGIANCE: Fire Chief Randy Howell / Boy Scouts There were several Boy Scouts in attendance. They included: Grayson Buckholtz, Troop 80, Communications merit badge; Zach Ridings, Troop 80, Communications merit badge; Harrison Nichol, Troop 125, Communications merit badge; Gamer Newton, Troop 80, Communications merit badge; Chase Bufkin, Troop 80, Communications merit badge. Boy Scouts who came later to the meeting included: Alex Risel, Troop 80, Communications merit badge; Parker Kirby, Troop 720, Citizenship in the Community merit badge; and, Brian Buckenham, Troop 730, Citizenship in the Community merit badge. Mayor Davis thanked them for attending the meeting. C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis Mayor Davis recognized former Mayor James H. "Blackie" Holmes, former Councilmember Jim Roberts, and former Highland Park Town Councilmember George Reynolds who were in the audience. D. INTRODUCTION OF STAFF: City Manager Bob Livingston Staff in attendance included: Community Information Officer Steve Mace, Administrative Intern George Ertle, Chief of Police Gary Adams, Director of Public Works Bud Smallwood, City Secretary Liz Spector, Fire Chief Randy Howell, Director of Community Development Robbie Corder, Director of Parks Gerry Bradley, Purchasing Agent Christine Green and Assistant Director of Public Works Jacob Speer. 410 II. AWARDS AND RECOGNITION A. PROCLAMATION: To recognize contribution of gavel to City by Dr. Kent Beasley and Jan Felts Bullock In appreciation of his gift to the City of a gavel used to close the 73rd Legislature by Lt. Gov. Bob Bullock in 1993, Mayor Davis presented Dr. Kent Beasley with a proclamation. Mayor Davis also presented Dr. Beasley with a proclamation for Ms. Jan Felts Bullock, widow of former Lt. Governor Bob Bullock. III. CONSENT AGENDA A. CONSIDER AND ACT: on final payment to Barson Utility Company for water, sanitary sewer, and paving improvements on project 47016 This item approves the final payment of $92,705.93 to Barson Utility Company for completion of Project 47016. B. CONSIDER AND ACT: on final payment to BLASTCO Texas for renovation of the Fondren elevated water storage tank The final payment of $20,494.93 was approved to Blastco Texas for repairs and maintenance to the Fondren elevated water storage tank. This payment includes Changes Orders 1 and 2 and was reduced by $35,646.83 for assessments charged to the contractor for delayed completion. C. CONSIDER AND ACT: on the state contract purchase of two 2012 Chevy C3500 trucks for the Infrastructure Maintenance Division This item approves the purchase of two 2012 Chevrolet C3500 trucks from Caldwell Country via state contract in the amount of $58,331.00 for the Infrastructure Maintenance Division. D. CONSIDER AND ACT: on minutes of the October 4,2011 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 resident request to amend Section 2.01.005 of the Code of Ordinances to allow backyard hens Mayor Davis said the Council received a request from Ms. Dominique Miller, 4308 Druid, to allow residents to raise backyard chickens. He asked Ms. Miller to the lectern. Ms. Miller said she feels very strongly that if the Council allows backyard hens it would have a positive effect on residents. She said the chickens are not livestock. She stated that she is not asking that roosters be allowed and she also suggested that the Council 411 could place limits on the number of hens or permit them like the city does dogs and cats. She said raising hens is a good experience for children as well as adults. She then asked Mr. Dan Probst, an expert in the field of backyard hens, to address the Council. Mr. Probst addressed the Council. He said he is familiar with both commercial and backyard poultry raising. Mr. Probst has been a licensed poultry breeder in the state for the past five years. He stated he provides technical support to several local school districts and private schools related to science chicken hatching programs. He said he has also worked with the cities of Dallas, Fort Worth and Irving on poultry ordinances and appropriate enforcement. Mr. Probst said that these types of chickens require only four square feet per bird to keep them in humane and sanitary conditions. He said that a hen in a backyard is more quiet than a dog or cat or even frogs. He stated that chickens are smaller and produce much less waste than pet dogs or cats and there is no odor difference. He said sanitation is dependent on the owner, just like dogs or cats. He said according to Centers of Disease Control in Atlanta, policies regarding disease transmittal and sanitary handling are the same for chickens, dogs and cats. He said bacterial risks are no different than that of other pets. Finally, Mr. Probst said there are federal and state standards that the poultry industry must abide by. He said backyard chickens are an ecologically friendly, family activity and he encouraged the Council to allow them. Mr. Tom Blackwell, 3833 Wentwood, addressed the Council. He stated his support for Ms. Miller's request. He suggested that the City ordinance regarding hens should be similar to the City of Dallas. He said Dallas allows pet hens with no roosters, among other restrictions. Mr. Blackwell said it would be good to include a prohibition on commercial uses, and allow schools to be exempt from city regulations. Ms. Sindy Smith, 3529 Rosedale, addressed the Council in support of Ms. Miller's request. She said backyard hen raising is the wave of the future and is part of an "eat local, eat organic" movement. She asked the Council to give residents the option of participating in this movement. Councilmember Clark asked Ms. Miller if she was aware of the ordinance prior to obtaining her hens. She said she was not aware. Councilmember Clark said this issue had been previously considered and the Council came to conclusion that it was not appropriate to allow chickens in the City due to residential lot sizes. He said that he is willing refer this issue to a citizen committee for careful study before making any final decision. Councilmember Clark made a motion to refer the resident request to amend Section 2.01.005 of the Code of Ordinances to allow backyard hens to a citizen committee for further study. Councilmember Stewart seconded, and the motion carried unanimously. City Manager Bob Livingston asked the Council to which committee they wanted to refer the issue. Councilmember Clark said he was unsure which committee would be 412 the most appropriate and said they would let staff know. Meeting attendees submitting sheets indicating their position as in favor of the request to allow backyard hens included: Laura Noe, 3948 Centenary; Jackie Brewer, 3132 Bryn Mawr; Kim Atkins, 3124 Bryn Mawr; D. Atkins, 3124 Bryn Mawr; Barbara Babb, 9054 Briarwood, Dallas; Ann Spillman, 3202 Cornell, Highland Park; Kirk Miller, 4308 Druid Lane; Karen Outland, 4405 Emerson; Rick Christenson, 2932 Rosedale; Ben Black, 3041 Rosedale; Alice Mamula, 4308 Druid; Karl Black, 4365 Lovers Lane; Terri Brittingham, 3919 Beverly Drive, Highland Park; Kathy Rogers, Rogers Wildlife Rehabilitation, Hutchins. No sheets were submitted indicating a position in opposition to the request for backyard hens. B. DISCUSS: staff recommendation to revise the current sidewalk replacement program and provide direction to staff City Manager Livingston stated that during the work session, the Council indicated they wanted the Public Works Advisory Committee (PW AC) to review staffs recommendations to revise the sidewalk replacement program before any changes were enacted. Mr. Livingston said staff agreed to take the issue to PW AC at its next mecting. V. ITEMS FROM THE FLOOR There were no requests to address the Council from the floor and Mayor Davis adjourncd the meeting. Considered and approved this 18th day of October, 2011. V:-/ b~~~; W. Richard DaVIS, Mayor