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HomeMy WebLinkAboutMn 04-20-06 49 MINUTES #2609 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS THURSDAY, APRIL 20, 2006, 5:00 P.M. Mayor Blackie Holmes opened the meeting of the city council at 5 :00 p.m. in the Council Chambers. Present were Mayor Pro Tempore Jim Roberts and Council members Syd Carter, Kelly Walker and Harry Shawver. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and Deputy City Secretary Kate Smith. City Secretary Nina Wilson was absent and excused. A WARDS AND RECOGNITION DEPARTMENT PINS: City Manager Bob Livingston presented a 15-year pin to Driver/Engineer Cecil Barton in the Fire Department, and a 2-year pin to Robbie Corder, Assistant to the Public Works Director for a total of 17 years of service to the City. GRADUATION LEADERSHIP UNIVERSITY PARK: Mayor Holmes and Mayor Pro Tempore Roberts presented graduation certificates to the 33 graduating members of Leadership University Park Class IV. RECOGNITION OF BOY SCOUTS: Four boy scouts introduced themselves and announced the badges upon which they were working: Walker Brown, 3421 University; Matt Easley, 4233 Bryn Mawr; Harrison Stokes Smith, 4417 Caruth, and William Mills, 5119 Tremont. ITEMS FROM THE FLOOR Mr. Steve Dawson, 8440 Tulane, wished to speak in opposition to the Hillcrest Legacy Development. Mayor Holmes informed Mr. Dawson that the item had been addressed by the Planning and Zoning Commission and written input was welcome. Mr. Matt Dixon, 3448 Rosedale, spoke in favor of inset parking on Rosedale and Hursey and presented a PowerPoint presentation of the Rosedale/Hursey vicinity to demonstrate that, with the elimination of inset parking, the flow of traffic is impeded by a narrowing of the street. Mayor Holmes stated the issue had been referred to the Public Works Advisory Committee and Urban Design And Development Advisory Committee and would be brought before the City Council again in approximately one month. Ms. Kitty Ritchie Holleman, 3939 Marquette, spoke in opposition to McMansions stating that the character of the City is being destroyed by the building of huge houses. She stated that there is too much stone surface area and that this has caused a lack of drainage in the City. Mayor Holmes said the density issue had been studied by the Zoning Ordinance Advisory Committee and the Zoning Ordinance was amended in the mid-90s to deal with some of these issues. He stated there was an item on the agenda this evening to deal with side yard setbacks which my help address some of her concerns. Mayor Pro Tern Roberts moved approval of the Consent Agenda. Councilmember Walker seconded and the vote was unanimous to approve the following: 50 CONSENT AGENDA CONSIDER REQUEST TO ABANDON TURTLE CREEK RIGHT-OF-WAY (ROW) ADJACENT TO 3501 SOUTHWESTERN: The property owner of 3501 Southwestern requested the City abandon approximately 16' of ROW along the east frontage. Assuming the requested abandonment, there is sufficient space within the remaining ROW to address utility issues and, from a traffic perspective, there is no need to consider future widening of the existing street. The City Attorney will draft an ordinance for Council consideration. CONSIDER REQUEST FOR PICNIC AT WILLIAMS PARK BY COVENANT SCHOOL: The school requested Williams Park for a picnic on Thursday, May 25, 2006, 5:30 -8:30 p.m. They anticipate 550 participants. Staff recommended a Park Usage Fee of $500.00 plus a refundable $250.00 security deposit with all trash being consolidated at an agreed location. CONSIDER REQUEST FOR PICNIC AT CURTIS PARK BY WATERMARK CHURCH: Watermark Community Church requested Curtis Park for a picnic on Sunday, May 21, 2006, 9:00 a.m.-l :00 p.m. with approximately 700 participants. Staff recommended a $500.00 Rental Fee, a refundable $250.00 security deposit, rental of two additional port-a-potties, refrain from using a P.A. system or amplified music prior to 10:00 a.m., all trash carried off the park site. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For April 4, 2006. MAIN AGENDA PUBLIC HEARING FOR PLANNED DEVELOPMENT (PD) AMENDMENT, PRESTON ROAD CHURCH OF CHRIST EXPANSION: This would include Lots 2, 3, and 4 of the Rhea Millers Subdivision University Boulevard. The tract on University Boulevard is currently zoned Multi family, and the Church is requesting a rezoning of this tract to PD-28. The concept plan and detailed site plan was reviewed by staff and considered by the Planning and Zoning Commission at a public hearing on February 20, 2006. The Church made changes to the detailed site plan following comments at the public hearing and directions from P&Z. The amended concept plan and detailed site plan was considered by P&Z on March 6, 2006. The Planning and Zoning Commission voted unanimously to recommend approval with specific conditions. Community Development Manager Harry Persaud gave a short PowerPoint presentation with a brief update. Mr. Bob Shaw, architect for the project with F&S Partners, who lives at 3700 Lovers Lane, then presented a PowerPoint presentation showing the site plans and the provisions made. Mayor Holmes asked if there were any adverse traffic impacts. Mr. Shaw replied that the traffic consultants of DeShazo, Tang & Associates believed that there were no adverse impacts on traffic. A representative from DeShazo, Tang & Associates confirmed the statement. Mayor Holmes asked if the church planned to lease out the facility to other groups stating that this was a stipulation that had been placed on other recent church expansions. Mr. Shaw stated he believed the church could agree to that. Mayor Holmes opened the public hearing and announced that each person would be allowed three minutes to speak. Those speaking in favor of the expansion were: Preston Road Church of Christ Senior Minister W. Scott Sager, who spoke in favor of the expansion. Mayor Holmes then opened the floor to the opposition. Mr. Glen Martin, 4034 University, spoke against the expansion as did Maureen Freeman, 4019 University, and Brian Egan, 4128 McFarlin, who gave a PowerPoint presentation outlining his concerns. Nancy Sommerman, 4124 University, Richard K. Berger, 4130 University, Sally Davison, 4023 51 University, Lorene M. Busby, 4126 University, and R.B. Murray also spoke against the expansion. Mr. Egan brought a list of proposed restrictions, and Mayor Holmes stated that he and the Council would like to study Mr. Egan's list and the restrictions that were placed on the other two recent church expansions before taking any action. Mayor Holmes closed the public hearing and moved that a decision be tabled until the May 9th meeting so that the City Council could have a chance to review the proposed restrictions. Councilmember Shawver seconded, and the vote was unanimous. PUBLIC HEARING AMENDING ZONING ORDINANCE BY REPEALING SECTION 21- 100(4)(C)III TO ELIMINATE 20-FOOT AND lO-FOOT LIMITATIONS ON CUMULATIVE SIDE YARDS IN SINGLE F AMIL Y DWELLING DISTRICTS: City Council received a report from staff on October 17, 2005, and discussed specific alternatives for regulating large single family homes in established neighborhoods. At that time, Council directed staff to work with the Zoning Ordinance Advisory Committee (ZOAC) to: (1) Amend the side yard setback regulations to repeal the maximum required setback of 10 feet and the sum of the two side yards not to exceed 20 feet, and (2) Review the building/plate line height on lots less than 60 feet wide and make recommendations to reduce the volume or mass of the single family home. ZOAC unanimously recommended the amendment of the side yard setback regulations. However, with regard to item (2), ZOAC felt that the City's Zoning Ordinance provides enough restrictions and design limitations for lots which are less than 60 feet in width. Community Development Manager Harry Persaud gave a PowerPoint presentation regarding the ordinance and the effect that it would have if passed. Mayor Holmes opened the public hearing and seeing that there was no one wishing to speak, Mayor Holmes closed the public hearing. CONSIDER ORDINANCE AMENDING ZONING ORDINANCE BY REPEALING SECTION 21-100(4)(C)III TO ELIMINATE 20-FOOT AND 10-FOOT LIMITATIONS ON CUMULATIVE SIDE YARDS IN SINGLE FAMILY DWELLING DISTRICTS: Councilmember Walker moved approval of the ordinance. Councilmember Shawver seconded, and the vote was unanimous to repeal section 21-100(4)(c)III eliminating 20-foot and 10-foot limitations on cumulative side yards in single family dwelling districts. ORDINANCE NO. 06/06 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY REPEALING SECTION 21-100 (4) (c) iii TO ELIMINATE THE TWENTY FEET AND TEN FEET LIMITATIONS ON CUMULATIVE SIDE YARDS IN THE SINGLE F AMIL Y DWELLING DISTRICTS; AND PROVIDING AN EFFECTIVE DATE. CONSIDER SPEED LIMITS ON RESIDENTIAL STREETS: In response to the discussion at the April 4th City Council meeting, traffic engineer Dannie Cummings identified the following residential streets that have 85th percentile speeds in excess of 30 mph: 7300 block Dickens, 37.0 mph; 3600 block Marquette, 36.9 mph; 3600 block Wentwood, 35.7 mph; 3900 block Wentwood, 34.8 mph and 5900 block Lomo Alto, 34.2 mph. Mr. Cummings reaffirmed to City Staff that both average and 85th percentile speeds along most of the residential streets in University Park are between 25 and 30 mph. Mr. Rick Barrett, 2817 S2 Purdue, spoke on the item, and, although in favor of the 25 mph speed limit, spoke in opposition to action on the item at this time. Mr. Barrett asked the City Council to delay the decision so that more information could be researched on the topic and urged the City to also conduct a safety study. Mr. Dan L. Wyde, 4405 Grassmere, spoke in favor of reducing the speed limit on most residential streets to 25 mph. Mr. Wyde stated that the area around the high school is a problem and that he was in favor of a "test" area. Mayor Holmes said that the Public Works and Police staff reviewed the information provided by Mr. Cummings and that staff had jointly concluded the following recommendations: 1) Conduct a series of new speed studies along these streets to verify that speeding is a problem; 2) Identify time periods for a concentrated enforcement effort and conduct enforcement for a one week period; 3) One week following the enforcement period, conduct speed studies to quantify the impact of the enforcement; 4) Have Mr. Cummings prepare a report of the conclusions and recommendations for Council consideration and action. Mayor Holmes asked the council if it was acceptable to proceed per these recommendations, and they agreed. Mayor Holmes stated that an ordinance would not be considered at this council meeting and that they would welcome any additional input or information from Mr. Barrett. Staff indicated that it would take several weeks to complete the recommendations read by Mayor Holmes and, because of this timeline, Mayor Pro Tempore Roberts moved that a decision considering residential speed limits on residential streets be tabled until the second meeting in June. Councilmember Walker seconded, and the vote was unanimous to table the decision. PRESENTATION BY CHARTER CABLE TV IN RESPONSE TO COMMUNITY SURVEY: Due to time constraints, Charter Cable was asked by City Manager Bob Livingston to come back and present at a City Council Meeting in May. CONSIDER TXU TRANSMISSION LINE FEASIBILITY STUDY REQUEST FOR EXTENSION AND RESIDENT STEERING COMMITTEE RESIGNATION: The City's consulting engineer, Sega, hired to perform an underground utility feasibility study, has requested a deadline extension for a final report from April 20th to June 6th. Representatives from Sega propose returning to University Park to present the final report during the June 6th City Council meeting. In addition, the City was notified by Joyce Hanson that she is moving out of University Park and needs to resign her position as Co-Chair of the TXU Transmission Line Steering Committee. In her resignation letter, Ms. Hanson recommended Ms. Sandra Cude to fill her vacancy on the Committee. Mayor Holmes moved approval of moving the final report presentation from April 20th to June 6th and appointing Sandra Cude to the TXU Transmission Line Steering Committee. Mayor Pro Tempore Roberts seconded, and the vote was unanimous to move Sega's final report and appoint Ms. Cude to the Committee. CONSIDER REQUEST BY CHRIST THE KING SCHOOL TO USE CITY STREETS FOR 5K RUN: Christ the King School, 4100 Colgate, has requested permission to use City streets for a 5K run on Saturday, April 29, 2006, 9:00-10:00 a.m. to raise funds for their athletic association. There will be an estimated 200 runners. Christ the King will hire one off-duty police officer to direct traffic at Preston and Marquette. Councilmember Shawver moved approval of the request by Christ the King School to use City Streets for a 5K run, pending approval of the route by Police Chief Adams. Councilmember Carter seconded, and that vote was unanimous to approve the request with the pending approval. S3 CONSIDER ORDINANCE TO AMEND DEFINITION OF APPROVED TRASH CONTAINER: There are 293 properties in University Park that have garbage picked up from the parkway because they do not have alley access. City ordinances require that all trash cans have tight-fitting lids and be attached to a permanent structure. The homes without alley access do not typically have a permanent structure on which to attach their trash can lids. They also lack the convenience of a trash can inset or similar structure to house their cans on non-collection days. The current ordinance also states that trash cans cannot exceed a capacity of 30 gallons. Standard trash can sizes are 20 gallons and 32 gallons. Since 30 gallon cans are not produced, residents would have to purchase 20 gallon cans in order to comply with the current ordinance. Mayor Pro Tempore Roberts moved approval of the ordinance to amend the definition of an approved trash container. Councilmember Walker seconded, and the vote was unanimous to amend the trash container ordinance. ORDINANCE NO. 06/07 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 11, ARTICLE 11.100 REFUSE COLLECTION POLICIES TO DEFINE APPROVED CONTAINERS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RESOLUTION ADOPTING FIRE DEPARTMENT STRATEGIC PLAN: Due to time constraints, Fire Chief David Ledbetter was asked by City Manager Bob Livingston to present this item at the May 9th City Council Meeting. CONSIDER ACCEPTANCE OF HOMELAND SECURITY GRANT FOR REGIONAL RADIO INTEROPERABILITY: Last year, Chief Ledbetter made a presentation to the Mayor and City Council regarding a study that was commissioned by the North Central Texas Council of Governments (NCTCOG) regarding regional interoperability. The study was administered by the RCC Consulting Company to determine capabilities of not only the University Park public safety communication system but all cities in the NCTCOG region to ensure communications could be conducted by agencies that normally operate in our City under emergency conditions. RCC determined that our communication system needed upgrading and wrote a Request for Quotes (RFQ) for eligible companies to bid on the upgrades. The study was driven by a Homeland Security Grant that would be available for the upgrades. The grant money has been made available to proceed with the upgrades. The Homeland Security Grant money allotted to the City of University Park is in the amount of $29,000.00 and will be administered by the Texas Governors Division of Emergency Management. To be eligible for the grant money a Sub-recipient Award must be signed and forwarded to the Governors Division of Emergency Management by April 31, 2006. Councilmember Shawver moved approval of acceptance of the Homeland Security Grant for Regional Radio Interoperability. Councilmember Walker seconded, and the vote was unanimous to accept the grant. PUBLIC HEARING SETTING NATURAL GAS RATES: Finance Director Kent Austin stated there were two separate items up for consideration. The first, an ordinance setting natural gas rates and a follow-up to last November's "show cause" resolution, was approved .04 by the City along with other Atmos gas customer cities. Consultants and attorneys for the Atmos Cities' Steering Committee have reviewed the information and concluded that Atmos should reduce its rates in alignment with $73.4 million in recommended adjustments. The second, a resolution suspending the 2005 Atmos gas GRIP (Gas Rate Infrastructure Program) rate request is in response to the latest Atmos GRIP filing. The City rejected the two earlier GRIP filings, first in January 2005 for 2003, then in November 2005 for 2004. On March 31, 2006, Atmos filed its latest GRIP request, this one for the year 2005. If the City takes no action before May 30, 2006, the GRIP changes take effect. The suspension resolution would provide an additional 45 days for study of the GRIP request. Mayor Holmes opened the public hearing on setting natural gas rates. Mr. Mike Greenwood, Manager, Public Affairs with Atmos Energy, spoke and expressed his regret at the expensive process that both parties must go through. Seeing that there were no others wishing to speak on the issue, Mayor Holmes closed the public hearing. CONSIDER ORDINANCE SETTING NATURAL GAS RATES AND CONSIDER RESOLUTION SUSPENDING 2005 A TMOS GAS GRIP RATE REQUEST: After the close of the public hearing, Mayor Pro Tempore Roberts moved approval of the ordinance setting natural gas rates and the resolution suspending the 2005 Atmos Gas GRIP rates request. Mayor Holmes seconded, and the vote was to approve both the ordinance and the resolution unanimous. ORDINANCE NO. 06/08 AN ORDINANCE FINDING THAT THE EXISTING NATURAL GAS DISTRIBUTION RATES OF ATMOS MID-TEX SHOULD BE REDUCED; ORDERING ATMOS ENERGY CORP., MID-TEX DIVISION, TO REDUCE ITS EXISTING RATES WITHIN THE CITY; ADOPTING SPECIFIC NEW RATES R, T & C AND ORDERING ALL RATES, SERVICE CHARGES AND TARIFF LANGUAGE NOT INCONSISTENT WITH A TT ACHMENT 1 TO REMAIN OPERATIVE EXCEPT THA T ALL GRIP SURCHARGES SHALL IMMEDIA TEL Y CEASE; ORDERING A TMOS MID- TEX TO REIMBURSE THE CITY FOR ITS REASONABLE COSTS INCURRED IN THIS SHOW CAUSE AND ANY RELATED RA TEMAKING PROCEEDINGS OR APPEALS OF SAID PROCEEDINGS; AUTHORIZING THE ATMOS CITIES STEERING COMMITTEE TO ACT ON BEHALF OF CITY AND INTERVENE IN ANY PROCEEDINGS BEFORE ADMINISTRATIVE OR JUDICIAL BODIES; REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF. RESOLUTION NO. 06-06 A RESOLUTION BY THE CITY OF UNIVERSITY PARK, TEXAS SUSPENDING THE MAY 30, 2006, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID- TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2005; AUTHORIZING PARTICIPATION WITH THE GAS STANDING STEERING COMMITTEE IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ss ADMINISTRATIVE AND COURT PROCEEDINGS INVOL VING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 9th day of May 2006. IG~ uty City Secretary