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HomeMy WebLinkAboutMn 06-20-06 65 MINUTES #2612 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JUNE 20, 2006, 5:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver and Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION RECOGNITION: Mayor Holmes recognized Diane Galloway as the 2006 Citizen of the Year. DEPARTMENT PIN: City Manager Bob Livingston presented his Administrative Assistant Kate Smith with a two-year department pin, thanking her for her service to the city. SPECIAL PRESENTATION: DART Representative Ray Noah presented City Manager Bob Livingston an Honorary Proclamation commemorating the 10th Anniversary of the DART Rail System. He also presented a DART flag to the city with 12 stars representing cities who joined together to open the first sections of the DART Rail Starter System ten years ago. Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter seconded and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER ORDINANCE & RESOLUTION DENYING A TMOS GAS 2005 GRIP RATE REQUEST: The City of University Park is a member of a coalition of cities knows as Atmos Cities' Steering Committee. The coalition's purpose is to review requests by Atmos Energy Corporation, formerly TXU Gas, for natural gas rate changes, which drive natural gas charges. Each year, Atmos is permitted by state law to file a request for an increase, which allows the company to add infrastructure investments into its rate base. After considerable study of the request, the city submitted to council an ordinance denying a rate increase and a resolution supporting the reduction of existing natural gas distribution rates currently charged. The proposed rates would increase the average residential bill 5.36% per month (approximately $4.02) and commercial bills 5.25% ($17.16) per month. ORDINANCE NO. 06/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS APART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; 66 AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING A1 WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION. RESOLUTION NO. 06-10 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, DENYING A TMOS ENERGY CORP., MID-TEX DIVISION'S STATEMENT OF INTENT TO INCREASE THE GAS UTILITY RATES IN THIS MUNICIPALITY; SUPPORTING THE REDUCTION OF EXISTING NATURAL GAS DISTRIBUTION RATES CURRENTLY CHARGED BY ATMOS MID-TEX WITHIN THE CITY; ORDERING ATMOS MID-TEX TO REIMBURSE THE CITY FOR ITS REASONABLE COSTS INCURRED IN RA TEMAKING PROCEEDINGS OR APPEALS OF SAID PROCEEDINGS; AUTHORIZING THE A TMOS 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 FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. CONSIDER RESOLUTION REGARDING "IN-KIND COMPENSATION" FROM CHARTER CABLE: State legislation known as SB5 which was approved last year provides for a 5% franchise fee to be paid by cable TV providers to cities who formerly received a local franchise fee. University Park'~ expired franchise required this same fee, which is equivalent to 5% of gross revenues earned within the - city. A secondary provision of SB5 allows cities to collect an additional 1 % fee as replacement for any "in-kind services". University Park did not require any in-kind services of Charter Cable while the franchise agreement was in effect. Given this background, Charter has requested that the city approve a resolution stating that the additional 1 % fee is not required. RESOLUTION NO. 06-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ELECTING TO RECEIVE THE PER SUBSCRIBER FEES PAID TO THE CITY UNDER THE EXPIRED CABLE FRANCHISE AGREEMENT WITH MARCUS CABLE ASSOCIATES, L.L.C. D/B/A CHARTER COMMUNICATIONS IN LIEU OF IN-KIND COMPENSATION AND GRANTS. CONSIDER RESOLUTION APPROVING RAYMOND D. NOAH AS REPRESENTATIVE TO DART BOARD OF DIRECTORS: A resolution in 1994 established a method of and appointment to a shared position on the DART Board of Directors. The resolution presented today would affirm an agreement with the cities of Addison, Richardson and The Town of Highland Park regarding that selection process. As the City of Richardson has submitted the name of Raymond D. Noah as the individual to serve in this position, the attached resolution concurs and approves that appointment. 67 RESOLUTION NO. 06-12 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AFFIRMING AN AGREEMENT WITH THE CITIES OF ADDISON, RICHARDSON AND HIGHLAND PARK REGARDING THE SELECTION PROCESS FOR A SHARED MEMBER TO THE DALLAS AREA RAPID TRANSIT (DART) BOARD OF DIRECTORS; AND AUTHORIZING THE MAYOR TO APPROVE A CANDIDATE FOR BOARD MEMBER. CONSIDER APPROVAL OF TELE- WORKS KNOWLEDGEBASE SOFTWARE FOR 311 SYSTEM: To implement a comprehensive 311 Information System requires the installation of a knowledgebase software system to house the frequently asked questions that come from the caller but do not require the city to perform any work. Tele-Works proposed a system upgrade for our CUPID system. The enhanced product will provide the database of frequently asked questions with full online search capability accessible by phone through the city Web site or internally by a 311 call taker. The database of responses may be easily updated as new issues arise or the city responses change. The purchase of the Tele-Works equipment and software totals $23,800. CONSIDER PURCHASE OF GLOBAL ELECTRIC MOTORCAR FOR PARKING ENFORCEMENT: The police department has approved two part-time parking enforcement officers to enforce parking in and around Snider Plaza. The Global Electric Motorcar will be used as a second parking enforcement vehicle. The state contract purchase of this car will be in the amount of $11,119 from Randall Noe Chrysler Dodge Jeep. CONSIDER RENEWAL OF LIABILITY, PROPERTY, AUTO & WORKER'S COMPENSTION INSURANCE: The city's insurance coverage for liability, property, auto and worker's compensation expires on July 1, 2006. The renewal proposal from TML-IRP is $287,868, which is less than 1% higher than last year's premiums of $286,274. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For June 6, 2006. MAIN AGENDA PRESENTATION BY CHARTER CABLE TV IN RESPONSE TO COMMUNITY SURVEY: Charter Communications is the sole cable TV provider in University Park and Highland Park. To prepare for franchise renewal discussions with Charter, beginning in 2004 city staff met with members of the Cable TV Franchise Review Advisory Group (FRAG). Membership in FRAG was composed of HP and UP residents appointed by their respective city councils. FRAG commissioned a telephone survey of both communities to determine current attitudes toward Charter, as well as, future needs related to cable and other services. The survey results reported high levels of dissatisfaction with Charter's service. City staff presented the complete results of the community survey to Charter early this year. Before the University Park franchise could be renewed last year, however, state legislation changed so that cable operators and other video providers need only obtain a statewide franchise, not a local one. Despite the lack of direct franchise authority, the city still acts as an advocate for customers and encourages Charter to improve its services. The presentation provided Charter an opportunity to respond to the survey in a public forum and provide an update on the improvements that have been and are continuing to be made. Kevin Allen, Governmental Relations Manager for Charter, made the presentation. Mayor Holmes told 68 Mr. Allen that the city and council appreciated Charter's efforts in the improvements they were making and hoped that those improvements would indeed continue. PUBLIC HEARING FOR REQUEST OF HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT FOR AMENDMENTS TO THE JOINT USE AGREEMENT AND FOR POTENTIAL IMPROVEMENTS AND/OR UPGRADES TO THE TRACK AND EXISTING RESTROOM BUILDING AT GERMANY PARK: Mayor Holmes opened the public hearing and announced that a letter had been received from Cathy Bryce, Highland Park Independent School Superintendent, asking that this item be withdrawn from the agenda. Mayor Holmes then closed the public hearing. PUBLIC HEARING REGARDING AMENDING COMPREHENSIVE ZONING ORDINANCE, SECTION 28-105(2) (a) TO PROVIDE FENCE REQUIREMENTS IN SIDE YARDS IN RESIDENTIAL DISTRICTS: Mayor Holmes opened the public hearing. A fence or wall in the side yard of residential districts must meet certain requirements. Over the past year, many builders have requested variances from the Board of Adjustment for fence height on corner lots due to the slope of the land and the need for a retaining wall. This ordinance proposes to amend the Comprehensive Zoning Ordinance to add the following language: "However, if the existing grade of the lot slopes toward the street in such a way that a retaining wall is necessary, the maximum height of the retaining wall and fence, in the side yard behind the front building line, shall not exceed ten feet (10') when measured from the adjacent grade on the street side, provided that the fence portion shall not exceed eight feet (8') in height". Mayor Holmes closed the public hearing. Mayor Pro Tern Shawver moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve the above language for the Comprehensive Zoning Ordinance. ORDINANCE NO. 06/15 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 28-105 (2) (a) TO PROVIDE FENCE REQUIREMENTS IN SIDE YARDS IN RESDENTIAL DISTRICTS; 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. PUBLIC HEARING TO APPROVE ZONING CHANGE AT 6601 TURTLE CREEK BOULEVARD FROM SINGLE F AMIL Y CLASSIFICATION TO PLANNED DEVELOPMENT DISTRICT AND APPROVE SITE PLAN TO ALLOW SINGLE F AMIL Y HOME WITH SPECIFIC DEVELOPMENT STANDARDS: Mayor Holmes opened the public hearing. Larry Boerder, representing property owner Gerald Ford of 6601 Turtle Creek Boulevard, requested a zoning change from Single Family SF-l to Planned Development PD Zoning District classification on a tract of land approximately 6.236 acres and described as 6601 Turtle Creek Boulevard in order to build a 27,000 square foot single home to replace the existing two-story home' on the subject tract. Mayor Holmes closed the public hearing and moved approval of the request. Councilmember Carter seconded, and the vote was unanimous to approve the zoning change. 69 CONSIDER ORDINANCE APPROVING CHANGE OF ZONING AT 6601 TURTLE CREEK BOULEVARD: ORDINANCE NO. 06/16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, SO AS TO GRANT PLANNED DEVELOPMENT DISTRICT NO. 32 FOR THE PROPERTY DESCRIBED AS LOT 7, BLOCK 7, UNIVERSITY PARK ESTATES ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, BEING A 6.236 ACRE TRACT COMMONLY KNOWN AS 6601 TURTLE CREEK BOULEVARD; APPROVING A DETAILED SITE PLAN; PROVIDING SPECIAL CONDITIONS; 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. CONSIDER REQUEST FROM SOUTHERN METHODIST UNIVERSITY TO PURCHASE POTOMAC PARK: This land, on the south side of Potomac between Airline and Central Expressway, is classified as park land by the city. Therefore, approval of the voters will be required prior to consummating any sale. Mayor Holmes suggested that a public hearing be held before making a decision. Staff will bring this matter back to the council. DISCUSS RECOMMENDATIONS FROM ADVISORY COMMITTEES REGARDING INSET PARKING: Pursuant to a citizen request, Council directed staff to ask the Urban Design & Development Advisory Committee (UDADAC) and the Public Works Advisory Committee (PW AC) to review the issue of inset parking along the city's residential streets. Both committees discussed the matter and came to different conclusions. UDADAC was concerned about reduction of green space and that the additional concrete would exacerbate drainage problems. They recommended not allowing any new inset parking and remove all existing inset parking along the city's rights-of-way. PW AC had common concerns regarding aesthetics and drainage, as well as, traffic safety issues along streets where not all of the spaces are inset. They did, however, feel that inset parking may be appropriate in certain areas, like the area surrounding Snider Plaza. They recommended that Dennis Wilson of Townscape speak to the issue in his Snider Plaza presentation. In the meantime, they felt that the current policy of no new inset parking with the existing to remain as non-conforming use should suffice. Council suggested the items be brought back to council at a future meeting with the cost of widening the street. CONSIDER LEASE AGREEMENT WITH METRO PCS FOR INSTALLATION OF CELLULAR EQUIPMENT AT NORTHWEST HIGHWAY WATER TOWER SITE: Eric Stewart, representing Metro PCS, approached the city regarding the location of a cellular antenna and associated equipment on and around the water tower in the 3500 block of Northwest Parkway. Staff expressed concern that the granting of this lease could cause other companies to seek space at this site, which could quickly overburden the site. Concerns were also raised regarding the adequacy of the proposed lease payments, bonding requirements, and security of the water tower as it relates to cell company access. Due mainly to concern about security issues, Mayor Pro Tern Shawver moved the request be denied. Mayor Holmes seconded, and the vote carried to deny the request with Councilmember Walker recusing herself due to a business connection with Metro PCS. 70 DISCUSS LEGACY /HILLCREST PLANNED DEVELOPMENT REQUEST AND PROVIDE DIRECTIONS REGARDING PROCESS: This item is included on the agenda at the request of Council to allow for further discussion and direction. The Planning and Zoning Commission had held a public hearing at a special called meeting on March 6, 2006 and considered a concept plan for a total of 290,000 square feet plus 4-8 town homes. The commission then requested the applicant address the issues and concerns, which were raised by residents, and resubmit the item for further consideration at the April 17, 2006 meeting. The concept plan considered at the April meeting was reduced to 260,000 square feet plus 4-8 town homes. The commission then voted unanimously to recommend denial of the zoning request. Subsequently, the applicant informed city staff of their intention to move forward with the request to the City Council. Mayor Holmes moved that the item be taken off the agenda and that council send the item back to the Planning and Zoning Commission to be considered at their meeting on July 17,2006 and to hold a public hearing on the matter on September 19,2006. Councilmember Carter seconded, and the vote was unanimous to return the matter to the commission and hold a public hearing. DISCUSS REQUEST FROM REYNOLDS OUTDOOR TO LOCATE INFORMATION KIOSKS IN SNIDER PLAZA: Reynolds Outdoor provides tailor-made information kiosks located in a right of way. The company estimates that 14 to 15 information kiosks will provide revenue of about $30,000 per year for the city. At the option of the city, Reynolds Outdoor may prepay a 20-year license agreement at a discounted rate of $500,000. Council referred this item for the review and recommendation of UDADAC at their July 11,2006 meeting. CONSIDER APPOINTMENTS OF STATUTORY BOARDS AND ADVISORY COMMITTEES FOR 2006-2008: There were fifty-eight applicants, and 150 citizens were placed on boards and committees. Councilmember Walker moved approval of the new boards and committees. Councilmember Cartel seconded, and the vote was unanimous to approve the appointments. ITEMS FROM THE FLOOR Mr. Matt Dixon expressed his appreciation to the city and staff for the sidewalk in the 6800 block of Dickens. There being no further business, Mayor Holmes moved that the meeting be adjourned. PASSED AND APPROVED this 6th of July 2006. ATTEST: