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HomeMy WebLinkAbout2013.09.17 City Council Meeting Minutes 681 City of University Park City Hall 3800 University Blvd. University Park,TX 75205 Meeting Minutes City Council Tuesday,September 17,2013 5:00 PM Council Chamber 3:32 -4:01 P.M. EXECUTIVE SESSION As authorized by Texas Government Code§551.072, the City Council convened into closed Executive Session to deliberate a request to sell property located at the northwest corner of Lovers Lane and Central Expressway. No action was taken. Present were Mayor Davis, Mayor Pro Tem Clark, Councilmembers Begert, Moore and Stewart. Also present were City Attorney Dillard, City Manager Livingston, Assistant City Manager Corder, Director of Public Works Smallwood, Director of Parks Bradley, and City Secretary Spector. 4:10 - 5 P.M. PRE-MEETING WORK SESSION The City Council met in open work session to receive agenda item briefings from staff. No action was taken. CALL TO ORDER Present: 5- Mayor W. Richard Davis, Mayor Pro Tern Bob Clark, Councilmember Bob Begert, Councilmember Dawn Moore and Councilmember Tommy Stewart A. INVOCATION: Councilmember Tommy Stewart B. PLEDGE OF ALLEGIANCE: Councilmember Stewart / Boy Scouts C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D. INTRODUCTION OF STAFF: City Manager Bob Livingston Staff in attendance included: Assistant City Manager Robbie Corder, Community Information Officer Steve Mace, Director of Information Services Jim Criswell, Director of Public Works Bud Smallwood, City Secretary Liz Spector, Library Director Sharon Martin, Director of Finance Kent Austin, Captain Greg Spradlin, Chief Planning Official Harry Persaud, Director of Parks Gerry Bradley, Fire Chief Randy Howell, Police Chief Gary Adams, Director of Human Resources Luanne Hanford, Police Administrative Assistant Dawn Kossmann, Sgt. John Ball, Officer Jackie Rymer, Det. Ken Ardanowski, CaptainJim Savage, Sgt. Travis Vavra, Accreditation Manager Dorris Certain, Lt. Keith Burks, Officer Lita Snellgrove, Controller Tom Tvardzik, and Purchasing Agent Christine Green. II. AWARDS AND RECOGNITION 13-237 Recognize outgoing Police Chief Gary Adams with overl3 years of City of University Park Page 1 682 City Council Meeting Minutes September 17,2013 service to the City The Council recognized outgoing Police Chief Gary Adams and thanked him for his over 13-year career with the City. Mayor Davis presented Chief Adams with a plaque and Mayor Pro Tem Clark presented him with his service revolver. 13-238 Recognize outgoing Director of Finance Kent Austin with over 25 years of service to the City The Council recognized Director of Finance Kent Austin and thanked him for his 25 years of service to the City. Mayor Davis presented Mr. Austin with a plaque and Mayor Pro Tern Clark presented him with a retirement check. III. CONSENT AGENDA A motion was made by Councilmember Begert,seconded by Councilmember Stewart,to approve the Consent Agenda. The motion carried by the following vote: Aye: 5- Mayor Davis, Mayor Pro Tern Clark, Councilmember Begert, Councilmember Moore, and Councilmember Stewart 13-230 Consider and act on an agreement to support the FY14 Regional Storm Water Management Program with the North Central Texas Council of Governments (NCTCOG) The annual contract with NCTCOG for participation in the Regional Storm Water Management Program for FY2014 in the amount of$3,922 was approved. vad 13-231 Consider and Act on an agreement to support the FY14 Public Works program with the North Central Texas Council of Governments (NCTCOG) The agreement to support participation in the Public Works program with NCTCOG for FY14 in the amount of$3,790 was approved. 13-232 Consider bids for annual in-place asphalt pavement recycling contract The City Council authorized award of a contract for in-place asphalt recycling to Cutler Repaving,Inc.and authorized staff to purchase asphalt at$57 per ton. 13-236 Consider and act on a park reservation request and approval of route through University Park for the Susan G. Komen 3-Day Walk The request to use Goar Park and various city streets on November 3,2013 to conduct the Susan G.Komen 3-Day Walk was approved. 13-234 Consider and act on a contract for food establishment inspections and environmental health services with Dallas County Health and Human Services (DCHHS) for FY2014 The annual contract with Dallas County Health and Human Resources for food establishment and other health inspections was approved. 13-233 Consider and act on minutes of the September 10, 2013 City Council City of University Park Page 2 683 City Council Meeting Minutes September 17,2013 tiow Meeting with or without corrections The minutes of the September 10,2013 City Council Meeting were approved. IV. MAIN AGENDA 13-181 Consider and Act on an ordinance amending the detailed site plan for Planned Development District PD-27 for the St. Christopher's Episcopal Church to provide for a children's playground Chief Planning Official Harry Persaud addressed the Council regarding the request to amend the PD to allow for construction of a fenced outdoor toddlers'playground. Architect Taylor Armstrong was called to speak. He offered his professional services to assist the church to design a fence that will work better with the City's vision for an entry portal than the wooden board-on-board fence included with the site plan. He said the church and the City should work together to provide more security for the playground and that the fencing be done in such a manner to be part of an overall solution at that corner. Mr. Armstrong stated he would donate his services pro-bono towards that end. Mr. John Chaussee, a representative of St. Christopher's Episcopal was called to speak. He stated he is a member of the church's school board of directors and a member of its vestry board. He asked that the Council approve the toddlers'retreat. He said the church had taken a piece of land where homeless people occasionally stay overnight and created a plan to enclose it to protect the property from the street and create a playground. He said the parents of the children attending the school have privately raised$25,000 for construction of the playground. Mr. Chaussee reminded the Council that the church sits half in the City of Dallas and half in the City of University Park. He said while he is happy to accept Mr. Armstrong's offer to design a new fence, the church is only interested in that offer for any portion of land in University Park. He said the church has spent over$30,000 to beautify the property at that site already. Mayor Davis thanked Mr Chaussee for his remarks. Mayor Pro Tern Clark asked if the church school might work with Mr. Armstrong and accept the offer to design something compatible with existing architecture to extend the wall north to make playground secure. Mr. Persaud said the proposed wood fence design is an approved material for fences in the community but there is the opportunity for design and construction of a fence that could be a better choice. • Councilmember Begert made a motion to keep the public hearing open to October 1,2013 to allow the architect and the church to meet for a solution to the fence concerns. Aye: 5- Mayor Davis, Mayor Pro Tern Clark, Councilmember Begert, Councilmember Moore, and Councilmember Stewart PZ 13-003 Discuss draft PD conditions for athletic lighting at HPISD softball field and tennis courts and provide direction to staff. Chief Planning Official Harry Persaud reviewed a request from HPISD to install field lighting on the girls softball field and the tennis courts. He stated staff mailed 69 notices to property owners within 200 feet as required by state law to inform them of the proposed zoning change. Mr Persaud stated 21 responses were received with City of University Park Page 3 684 City Council Meeting Minutes September 17,2013 jj rI 19 opposed to the zoning change and 2 in favor. He said due to lot-size calculations and other factors, less than 20%of the responses were opposed, allowing the ordinance to be passed by a normal majority of Council. Mr. Persaud then displayed photographs of the site plan including examples of the proposed light poles and lumineers. He stated that members of P&Z voted unanimously on June 11, 2013 to recommend the zoning ordinance amendment. HPISD staff including Assistant Superintendent for Business Services Tim Turner, Coordinator for Student Integrity&Compliance Jerry Sutterfield, and Athletic DirectorJohnny Ringo, and Musco Sports Lighting Company representative Richard Wadlow were present to answer questions. Mayor Davis opened the public hearing. Mr. Sutterfield addressed the Council. He said all nearby property owners were invited to attend two public forums to discuss the field lighting proposal and address any resident concerns. He said four guests signed in for the first meeting and two attended the second meeting. Mayor Pro Tern Clark asked if HPISD considered these to be the best lights to contain spillover. Mr. Sutterfield said Musco is the top company for lighting facilities such as the softball field and tennis courts. Mr. Richard Wadlow from Musco addressed the Council. He stated Musco has more patents on lighting systems than any other company. He said they have taken their initial product from 1976 which had no reflectors and made improvements throughout the years and in 2005 moved to a fixture called Light-Structure Green which includes reflectors built into the fixture itself. He said the fixtures are simiilar to ones at Gerald Ford Stadium at SMU which minimize glare and direct more light to the field. He said 70%of the light put out by the fixture is on the field versus their previous technology which directed 30%of the light onto the field vs. any other light used on fields today which direct merely 25%of the light onto the fields. He said they install a concrete base pedestal approximately 10 feet in to the ground when using a 50 foot steel sleeve and if a 70 foot sleeve is required, the concrete base is set 16 feet into the ground. He said this makes the poles more stable and rated to withstand 120 mph winds. Mr. Wadlow also said the school will use a computer-generated system to control the lights, accessed with user control and passwords. Mayor Davis thanked Mr. Wadlow and called the first public speaker to the stand. Ms. Grayson Rutherford, HPISD student, stated she lives in a house across from the football field which uses the same type of lighting technology. She said her family has lived there for 10 years and has never noticed a problem with the lights. Mr. Mark Strickland addressed the Council. He said he is the father of a senior captain of the HPHS tennis team. He addressed concerns related to safety for the teenagers who must spend extra hours on the road traveling to lighted practice locations. He said many of the tennis team members must drive an additional eight to nine hours a week to a training facility. He said this facility is located near a dangerous neighborhood and several of the players'vehicles have been vandalized. Mr. Strickland said the school is not requesting anything more than to have facilities equivalent to other area high schools. Ms. Ginna Klein, HPISD senior softball team captain addressed the Council. She mentioned that not having a lighted field gives HPISD team members a disadvantage. She said it also makes it difficult to stay current on school work due to leaving class early for games and practice. She also mentioned having a non-lighted field adds to players'chances of injury and that the addition of lights will encourage City of University Park Page 4 685 City Council Meeting Minutes September 17, 2013 the growth of the program. Mr. John H. Hall, II addressed the Council. He said HP is the only school in the metroplex whose softball field is not lighted. He said it is becoming a big problem as the program grows. Mr. Hall said it is a healthy outlet for children as well as a very popular program. He said the softball field is the most insulated and least intrusive field on campus for athletics. He mentioned that the City has 6 tennis facilities that are lit until 10 p.m. He asked the Council to consider the school's request. Ms. Grace Shike, senior HPISD softball team captain, was called to speak. She asked the Council to approve the request to light the field to ensure the district maintains compliance with Title IX requirements. She said girls'sports must be provided equal opportunity and availability that are provided to boys'sports. She also mentioned that due to the field being not lighted, the timing of games factors into low attendance by spectators, including parents. She said the games start at 4 p.m. to allow completion before dark and frequently parents and friends are unable to attend to support the team. Mr. Steve Orr addressed the Council regarding the growth of softball in the area. He said most of the growth is coming from younger age groups. Mr. Orr said this will serve to increase the importance of all the issues discussed including lack of homework time, Title IX compliance, and decreased competition. He asked the Council members to approve the request. Mr. Paris Rutherford was called to speak. He said his daughter is one of the senior softball team captains that addressed the Council. He also mentioned that their family home is on Druid, near the softball fields. He said he knew the issues that could arise from buying a home so near a high school. He also said his son plays �r for the school's baseball team and though there is the same level of excitement, skill, and talent as on the girls team, the facilities are different and unequal. Mr. Rutherford stated that as a citizen, he recognizes while there are some neighbors in oppostiion, this opposition is outweighed by the potential 1500 to 1600 families that will benefit from the lighted softball field and tennis courts throughout the system's 20-year lifespan. Ms. Virginia Smith, senior softball team caption addressed the Council. She said their home games are played at 4 p.m. with warmups at 3 p.m. She said this means team members must leave classes early to get to the field. She also said they miss class twice weekly to get to games and their grades are affected. She said other school teams who travel to play at HPHS must leave school early to make the early start at the HPHS field. She asked the Council to approve the request. Mr. John Henrich addressed the Council. He said like many local families, he and his family moved to University Park for the school system. He said he has a five year old daughter and is concerned how the field lights and noise may affect her, as they live across the street. He said he talked with many of the families and found there was limited support for the lighting. He asked the Council to restrict use of the lights and sound system to UIL sanctioned events and practices. He said he has concerns regarding private usage of the field as it is in a residential neighborhood. He said private use creates difficult enforcement issues and asked that the PA system not be allowed on Sundays. He also asked that the Musco lighting map be attached to the ordinance to assist city staff in enforcing it. He stated he understood the Title IX argument but asked the Council to draft any amending ordinance strictly and narrowly towards a compromise between HPISD, the teams and the residents. Mr. Morton Newman was called to speak. He stated he has owned the property at City of University Park Page 5 686 City Council Meeting Minutes September 17,2013 4128-30 Druid for 53 years. He encouraged the Council to limit non-HP1SD use of the facility to ease the burden on neighbors. He also feels installation of lights and use of the field and tennis courts after dark will have a negative impact on property values of homes in the area. He asked the Council to attach the photometric findings to the proposed ordinance as a minimum requirement. Dr. Charmin Beasley Vesescky addressed the Council. She asked the Council to come up with a compromise that respects families with young children and honors the homeowners. Mr. Sutterfield addressed the Council in rebuttal. He ensured them that the district is not considering allowing lights to be use by adult groups, but by youth league baseball. He said there are no places in the city that youths can play night games. He also said there is no Sunday usage per UIL rules for either games or practices. He said rental of the facilities will be restricted so employees can have time off and the community can do other things. Mr. Sutterfield also stated that anytime the field or tennis courts are rented for private use, an HP/SD employee is on-site. Mayor Davis said staff requested noise level testing and the results should be received in a couple of weeks. He said he is concerned that there does not appear to be a clear understanding between the district and the neighbors. He asked for more time to study information provided by Mr. Henrich and Mr. Newman. Mayor Davis closed the public hearing. 13-239 Provide direction to staff regarding possible ordinance amendment to PD-25 for lights at the HPISD tennis courts and softball field Council member Stewart said much work has been done throughout last two years and he said the proposal is moving in the right direction. A motion was made by Councilmember Bob Begert,seconded by Mayor Pro Tem Bob Clark to postpone this item. The motion carried by the following vote: Aye: 5- Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, Councilmember Moore, and Councilmember Stewart 13-235 Consider and act on a resolution adopting the FY2014 capital budget Director of Finance Kent Austin addressed the Council. He said adoption of this resolution will set the capital budget for FY14, beginning October 1, 2013. He said most of projects in the budget are in the Public Works category, with specific projects comprising the totals included in agenda packet. Mr.Austin said the budget was reviewed and approved by the Capital Projects Review Committee. A motion was made by Councilmember Begert,seconded by Councilmember Moore,that this Resolution approving the FY14 Capital Budget be adopted. The motion carried by the following vote: Aye: 5- Mayor Davis, Mayor Pro Tern Clark, Councilmember Begert, Councilmember Moore, and Councilmember Stewart Enactment No: RES No.13-014 V. PUBLIC COMMENTS There was no one present who wished to address the City Council. City of University Park Page 8 687 City Council Meeting Minutes September 17,2013 VI. ADJOURNMENT As there was no further business, Mayor Davis adjourned the meeting. Considered and Approved this the 1st day of October 2013: Mayor W. Richard Davis ATTEST: Eli abeth Spector, City S: refer)/ City of University Park Page 7