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HomeMy WebLinkAboutMn 05-09-06 S6 MINUTES #2610 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK., TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, MAY 9, 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 Councilmembers 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. BOY SCOUTS OF AMERICA: Ten boy scouts introduced themselves, giving the merit badge upon which they were working: Rishee Batra, 3016 Rosedale; Ross Crawford, 3517 St. John's; Zachary Burdette, 7143 Westlake; Marshall Stone, 4911 Crooked Lane; Peyton Randolph, 4316 Shadow Glen Drive; Aarav Chavda, 4525 Catina Lane; Kahan Chavda, 4525 Catina Lane; Kelan Nesbitt, 5439 Monticello; Mark Lutz, 17524 Spy Glass Circle and Charlie Garcia, 708 Winchester Drive. AWARDS AND RECOGNITION DEPARTMENT PINS: Code Enforcement Officer Mike Brackin, Building Department, 30 years and Construction Inspector Gary Bouchillon, Public Works, 15 years for a total of 45 years of service to the City of University Park. Mayor Pro Tern Roberts moved approval of the Consent Agenda. Councilmember Carter seconded and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For April 20, 2006. MAIN AGENDA CONSIDER ORDINANCE FOR PLANNED DEVELOPMENT AMENDMENT FOR PRESTON ROAD CHURCH OF CHRIST EXPANSION: Based on the council's direction after the Public Hearing on May 9,2006, staff compiled a list of conditions related to the construction. Several people spoke in opposition to the expansion: Nancy Sommerman, 4124 University; Susan Lebowitz, 3918 University; Maureen Freeman, 4019 University; Janell Stone, 4021 University; Pete Lempert, 4006 University; Sally Davison, 4023 University; Lorene Busby, 4126 University; Malee Rauscher Helm, 4100 University; Brian Egan, 4128 McFarlin and Pierce Allman, property owner of 4140 & 4141 University, was also opposed. Bob Shaw, F&S Partners, architect and planner for the church presented a PowerPoint stating the church has tried to respect the requirements of the ordinance for parking and that the size of the church is also within the allowable limits set by the city. Mike Boone, 3516 University, spoke for the church stating the church has tried to be a good neighbor. Mayor Holmes then read the following statement: Mayor Holmes read the following statement expressing the concern of the city council in regard to the neighbors and city: We, as your city council, are not unmindful of the significant 57 responsibility placed upon us to preserve the quality of life that we all enjoy in University Park and, in individual cases such as this, that we arrive at a just, fair and equitable decision for all concerned. Like every case where an attempt to reach a middle ground is pursued, interest on both sides of that middle ground will not be satisfied with the result. We have spent many long and arduous hours reviewing all of the letters, e-mails, reports and studies in trying to achieve a favorable outcome as we view it for the city of University Park and the church. 1, personally, appreciate and applaud the interest and work of the neighbors in bringing to the attention of the council their detailed concerns and recommendations addressing the application submitted for this planned development. From the legal jurisprudence standpoint, I hope all of you appreciate the position that a city council, when acting as a governmental entity, is confronted with when passing on requests of this nature made by a religious institution. Such an entity clearly has rights protected by the first amendment of the us. Constitution, known as freedom of religion. The Texas Civil Practice and Remedies Code provides "that a city may not substantially burden the person's free exercise of religion unless the city demonstrates that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest." That language applies to any city ordinance, and the ordinance must have as its principal or primary effect, one that neither advances nor inhibits religion. The United States Supreme Court has ruled "that a statute must not foster an excessive governmental entanglement with religion. One of those entanglements is an attempt to regulate programs, whose very nature is apt to entangle the state in details of administration." However, a church or religious institution does not have the unfettered right to use its property as it sees fit. It has been held that conditions that are reasonably designed to counteract the deleterious effects on the public's welfare of a proposed religious or education use, should be upheld by the courts provided they do not, by their costs, magnitude or volume, operate indirectly to exclude such uses altogether. Such language recognizes a church's right to use its property. Beginning in the 1980 's, a number of state and federal courts moved from rather absolute positions, advocating that religious structures enjoy a constitutionally protected status which severely curtails the permissible extent of governmental regulation in the name of the police powers to a concept of balancing the competing interest of municipalities and religious institutions. That is what I think we have done through the language of this ordinance. Also, the ordinance recognizes that any activities held on the campus will be those of the University Park United Methodist church only. Other portions of the ordinance address the issues of safety and welfare of the neighborhood and traffic generated by the new facility. Mayor Pro Tern Roberts moved that the ordinance be revised and brought back to a future council meeting for adoption. Councilmember Shawver seconded, and the vote was unanimous to approve adopting a revised ordinance at a future meeting. CONSIDER REQUEST FROM HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT (HPISD) FOR JOINT USE AGREEMENT AND FACILITY IMPROVEMENTS AT GERMANY PARK: The city was approached by HPISD regarding amendments to the Joint Use Agreement of Germany Park, which is due for renewal in August 2006, and potential improvements/upgrades to the track and restroom facilities. HPISD is requesting renewal of the agreement for a period of 20 years and a modification to allow the district exclusive use of the track from 3:00-6:00 p.m., Monday-Friday. Additionally, they are requesting the ability to construct new improvements for the track and restrooms. Mayor Holmes moved that this item be 58 tabled until both the city and the school district can discuss the agreement and that it be brought back to the council on June 20. CONSIDER RECOMMENDATIONS FROM PUBLIC FACILITY NAMING COMMITTEE: Since January 2006, the Public Facilities Naming Committee has been in the process of evaluating applicants being considered for public facility naming. The following individuals have been recommended by the committee for city council consideration and approval: Barbara Hitzelberger, Hillcrest @ Lovers Lane Parks and Buddy C. Porter, Snider Plaza Fountain. Staff will work with architects to design appropriate identification signage for each individual and location. Mayor Holmes recognized the Chairman of the Public Facility Naming Committee, Trevor Rees-Jones, and thanked him for his work and that of the committee. Councilmember Shawver moved approval of the recommendations. Mayor Holmes seconded, and the vote was unanimous to approve Barbara Hitzelberger Parks and Buddy C. Porter Snider Plaza Fountain. DISCUSS ORDINANCE FOR ABANDONMENT OF STREET RIGHT-OF-WAY ALONG TURTLE CREEK FRONTAGE AT 3501 SOUTHWESTERN: A request was received from the owner of the property to abandon approximately 16'. Staff has determined that there is sufficient width in the remaining right-of-way to address utility issues and, from a traffic perspective, there is no need to consider any future widening of the existing street. A fair market value will be determined for the property. Councilmember Shawver moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to abandon the street right-of-way along the Turtle Creek frontage at 3501 Southwestern. ORDINANCE NO. 06/10 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY OF TURTLE CREEK BOULEVARD, AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "A" AND "B", TO THE ABUTTING OWNERS, IN CONSIDERATION OF THE PAYMENT OF $117,831.10 TO THE CITY; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RESOLUTION ADOPTING FIRE DEPARTMENT STRATEGIC PLAN: In January 2006, the Fire Department began developing a departmental strategic plan by inviting and utilizing the input of citizens from the various advisory committee groups, fire department members and city staff members. In February 2006, the strategic plan was completed and it clearly defined who the organization is; what the departmental values are; and the direction the University Park Fire Department will pursue for the next three to five years. The development of the Fire Department Strategic Plan assists in establishing one of the first processes the department must undergo for accreditation. In order to comply with the Commission of Fire Accreditation International (CF AI), the plan must be published and formally recognized. The benefits of adopting the Strategic Plan by the City Council include validation of the planning process by the governing body, clearer communication between staff and governing body towards strategic direction of the department, and budget requests become more performance based. Mayor Pro Tern Roberts moved approval of the resolution, recognizing and accepting the 59 plan as the basis for short range goals and direction. Councilmember Walker seconded, and the vote was unanimous to approve the resolution adopting the Fire Department Strategic Plan. RESOLUTION NO. 06-07 RESOLUTION RECOGNIZING THE FIRE DEPARTMENT STRATEGIC PLAN DEVELOPED IN JANUARY 2006. CONSIDER ADDITIONAL FEES FOR LEO A. DAL Y AND R.L. GOODSON FOR CHANGES TO DESIGN OF CITY HALL: Fee increases are the result of two changes to the design of City Hall, Modification of the police locker rooms for $ 3,000 to Leo A. Daly, which is the city's responsibility and design of facilities to accommodate cell phone providers for $54,500 to Leo A. Daly and $3,000 to R.L. Goodson. AU cell phone equipment is to be located so that it can be accessed without entering City Hall. In order for the city to maintain control, the cost of this work will be added to our existing contracts with the architect and engineer. However, all fees for this portion of the work are to be paid in total by the cell phone companies. Toward that end, we have requested an advance check in the .amount of $66,500. This amount will cover the additional work by the architect and engineer plus a $9,000 administrative fee for the city to coordinate the effort. No work will commenc~ until the funds are received. Councilmember Shawver moved approval of the additional fees. Councilmember Carter seconded, and the vote was unanimous to approve the fees as the result of changes to the design of City Hall. CONSIDER CHANGE ORDER WITH SYB CONSTRUCTION FOR PAVEMENT RECONSTRUCTION OF TURTLE CREEK BOULEVARD FROM LOVERS LANE TO BALTIMORE AND BALTIMORE FROM LOVERS LANE TO TURTLE CREEK BOULEVARD, PROJECT NO. 47100: On Dec~mber 13,2005, the City Council approved SYB Construction to reconstruct the existing water lines and construct sanitary sewer lines within the pavement for Turtle Creek Boulevard and Baltimore Drive. The contract calls for $348,575 for permanent pavement repairs, which is approximately half of the cost to reconstruct the entire street, the existing streets are in very poor condition, and the contractor anticipates the project will only take 1lf2 - 2 months longer with complete pavement reconstruction. Councilmember Carter moved approval of complete pavement. reconstruction in lieu of permanent pavement repairs. Mayor Pro Tern Roberts seconded, and the vote was unanimous to approve the Change Order. CONSIDER REQUEST FOR APPLICATIONS FOR CITY BOARDS AND COMMITTEES: The city's statutory boards and advisory committees are comprised of over 100 volunteer residents appointed by the mayor and council for a two-year term. They are an avenue for direct input from citizens, and the city benefits considerably from the expertise represented by University Park residents. Residents who wish to be considered for one of the boards or committees are asked to submit an application to City Secretary Nina Wilson by Monday, May 22, 2006. CONSIDER INTERLOCAL COOPERATION AGREEMENT WITH CITY OF SOUTHLAKE FOR COOPERATIVE PURCHASING: The City of Southlake has asked to piggyback on our contract with Consolidated Traffic Controls for the purchase of a UniTrak Video Vehicle 60 DetectionlRadio Interconnect System. The city has participated in similar arrangements with Tarrant County, the City of Richardson, the City of Waco, and several other purchasing cooperatives. Councilmember Walker moved approval of authorizing the city manager to execute the attached Interlocal Cooperation Agreement with the City of Southlake for cooperative purchasing. Councilmember Shawver seconded, and the vote was unanimous to approve the agreement. EXECUTIVE SESSION: Mayor Blackie Holmes convened the City Council into an Executive Session in the City Hall Conference Room at 4:35 p.m. to receive legal advice from the city attorney under Section 551.071 of the Government Code. The Executive Session closed at 4:55 p.m. No action was voted on or taken during the meeting. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 23rd day of May 2006.