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HomeMy WebLinkAboutMn 02-06-07 147 MINUTES #2703 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, FEBRUARY 6, 2007, 5:00 P.M. Mayor Blackie Holmes convened the city council into an executive session in the conference room at 3:00 p.m. for deliberation regarding purchase/sale of Worcola and Fondren Property under Section 551.072 of the Government Code. The executive session was closed at 3:57 p.m. No action was voted on or taken during the meeting. Mayor Blackie Holmes opened the regular city council meeting at 5:00 p.m. in the Council Chamber. 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 PROMOTION OF POLICE DEPARTMENT CAPTAIN AND SERGEANT: Chief of Police Gary Adams made a presentation before the council promoting Sergeant Bob Flood to Captain and Officer Jim Savage to Sergeant. DEPARTMENT PIN: City Manager Bob Livingston presented a IS-year department pin to Pat Brignon, Maintenance Technician in the Utilities Departlpent. Mayor Pro Tempore Harry Shawver moved approval of the Consent Agenda. Councilmember Walker seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER REQUEST TO ABANDON STREET RIGHT-OF-WAY ADJACENT TO 7304 TURTLE CREEK BOULEVARD: This item was removed from the Consent Agenda so that the owners of 7304 Turtle Creek Boulevard, Mr. & Mrs. Guy Marcus, could discuss with the council the issue of buying all of the right-of-way (ROW) along their Stanford frontage rather than a portion of it. The south property line adjacent to the Stanford ROW is approximately 10' north of the sidewalk. They had requested the city abandon a strip 4.5' wide for 68.9' for a total of 310.05 square feet. The city council felt that the frontage in its entirety should be sold as one parcel rather than a partial parcel. Staff will get an evaluation for the entire parcel so that Mr. & Mrs. Marcus can decide what they would like to do. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For January 16,2007. MAIN AGENDA PUBLIC HEARING FOR REQUESTFROM SOUTHERN METHODIST UNIVERSITY TO PURCHASE POTOMAC PARK: Mayor Holmes made the following remarks before opening 148 the public hearing: "Several months ago, Southern Methodist University (SMU) officials notified the City that the University would like to purchase Potomac Park for future use. That request put in motion procedures that include tonight's public hearing. Last December, the Presidential Library Search Committee announced that it has entered into exclusive negotiations with SMU regarding the George W. Bush Presidential Library. While the University has yet to be awarded the library, and no specific site on the campus has been designated, this tract of land could be a component for this would-be project. That being said, I want to highlight a few points: . I want to make it clear that we are holding this public hearing in an abundance of caution to make sure that the City complies with both the Texas Government Code and the Texas Parks and Wildlife Code regarding the sale of park land. This hearing is not being held to satisfy the requirements of the 2006 amendment to the City Charter that calls for a public vote any time the City wants to use more than 5,000 square feet of parkland for nonpark purposes. . The City election for the sale of Potomac Park will take place Saturday, May 12, 2007. The ballot question will stipulate that, if voters approve the sale of Potomac Park, the land will be sold to the University, and the City will only use the proceeds to acquire or improve other property for public park purposes. . Tonight's hearing is for the benefit and education of our residents. The decision on whether to allow the sale of this property rests with University Park voters on May 12. . As such, and because this park space is located within the boundaries of University Park, only University Park residents will be allowed to address the Council during tonight's hearing. Those who live outside the City are welcome to provide written comments for the Council to review. . Abiding by established procedures for all public hearings involving the Council and its boards and committees, each speaker is asked to limit his or her remarks to 3 minutes. . All residents who plan to speak during this hearing must fill out a green information sheet before addressing the Council. Blank sheets are located at the registration table at the front of the Council Chamber. Once you have filled out your information, please hand it to our City Secretary Nina Wilson. . While the strip of land being discussed tonight is named Potomac Park, this undeveloped parcel, slightly larger than % of an acre, is located just behind the Mockingbird Plaza Shopping Center. It has no amenities, such as playground equipment, playing fields, benches or fountains and, at no time, has the City considered developing this strip of land for park use. . Lastly, I would remind everyone to direct their remarks to the issue at hand - the potential sale of this property on Potomac Avenue. Accordingly, comments that are in 149 support or opposition to the policies of the Bush Administration or the Bush Presidential Library are not in keeping with the focus of this hearing." Mayor Holmes then opened the public hearing. Dr. R. Gerald Turner, President, Southern Methodist University, presented his opening remarks regarding Potomac Park. Those who spoke in favor of the sale of Potomac Park to SMU were: Bob Clark, 7715 Turtle Creek; Dawn Moore, 3515 Colgate; Marc Hall, 3610 Haynie; Ed Freeman, 3012 Potomac; Curtis Zimmerly, 3816 Purdue; Catherine Taylor, 3944 Stanford. Those opposed to the sale of Potomac Park to SMU were: Tom Blackwell, 3833 Wentwood; Beth Blankenship, 3333 Rankin; Scott Douglass, 2709 Westminster; Sam Boyd, 3728 Binkley; Mary Lou Neil, 3421 Haynie; Irene Mitchell, 4135 University; John Weston, 4053 Purdue; Madeleine Hervey, 4309 Hyer; Julie Gwynn, 3008 Hanover. Mike Boone, a member of the Southern Methodist University Board of Trustees, presented closing remarks for the university. Mayor Holmes then stated that the council's position on whether Potomac Park should be sold to SMU would be announced at the February 20th city council meeting. Mayor Holmes then closed the public hearing. CONSIDER RETAINING SERVICES OF A CONSULTANT TO REVIEW SPECIFIC BUILDING ISSUES IN SINGLE- AND MUL TI-F AMIL Y DISTRICTS AND THE NEED FOR MINIMUM LAND DEVELOPMENT STANDARDS TO REGULA TE FUTURE RE- DEVELOPMENT OF EXISTING BUILDING SITES: On October 5,2006, the city council held a public discussion on the subject of regulating the size of single family homes. On January 16, 2007, the city council received a report and discussed specific issues affecting new construction in multi-family districts. Developing minimum standards to improve the quality of development in the multi-family districts and regulating the building envelope for single family construction requires specific knowledge, expertise and time to work through the process with builders and residents. Staff proposed the city retain the services of a consultant with the appropriate experience to generate customized development standards which are to be adopted and used to regulate the future re-development of existing building sites. Those in favor of hiring a consultant were: Matthew Dixon, property owner of 3448 Rosedale; Don Gale, 3712 Binkley and Taylor Armstrong, 3801 Centenary. Lee Roever, President, Park Cities Historical and Preservation Society, was also in favor of hiring a consultant and also preserving older homes. Councilmember Grable moved that the city retain the services of a consultant to review current building issues and develop appropriate standards for development. Councilmember Carter seconded, and the vote was unanimous to approve retaining the services of a consultant. CONSIDER ORDINANCE FOR DRIVEWAY STANDARDS AND OFF-STREET PARKING REQUIREMENTS IN MULTI-FAMILY DISTRICTS: The current development trends in the multi-family districts point to two major issues impacting the neighborhoods: the proliferation of driveway approaches with direct access to the street resulting in the loss of on-street parking spaces, and multi-family construction designed and built for three-bedroom units and providing two parking spaces per dwelling unit, meeting the minimum requirements of the comprehensive zoning ordinance. The proposed ordinance would regulate the number and location of driveways as follows: the aggregate of driveway approaches should not exceed one driveway per street frontage per platted lot, provided that additional driveways with a minimum of 100' of street frontage, measured from center line to center line, separating them, shall be permitted and that multiple driveways providing direct access only to an alley be permitted. In addition, the 150 proposed ordinance provides for an increase in off-street parking spaces to one space per bedroom plus one additional space per 10 bedrooms or fractions thereof for visitor parking. Since this is an amendment to the City's Comprehensive Zoning Ordinance, the Planning and Zoning Commission must hold a public hearing and forward a recommendation to the council before the ordinance is adopted. Matthew Dixon, 3448 Rosedale, voiced his concern over additional spaces per 10 bedrooms and also prohibiting circular drives. Councilmem ber Walker moved that the discussion be sent to the Planning and Zoning Commission for a public hearing. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to have a public hearing held by the Planning and Zoning Commission before the ordinance is adopted. CONSIDER APPROVAL OF ENGAGEMENT LETTER WITH BROWN MCCARROLL, L.L.P., TO REPRESENT CITY IN CONNECTION WITH TXU'S APPEAL OF CITY'S ORDINANCE REQUIRING REMOVAL AND RELOCATION OF 138 KV TRANSMISSION LINE: On December 19, 2006, the city council passed Ordinance 06/35 requiring TXU Electric Delivery to remove and relocate the 138 kV transmission line from its current route connecting the Lomo Alto and Greenville substations outside of the city limits of University Park. Subsequently, TXU filed an appeal with the Public Utility Commission of Texas (PUC) claiming the city enacted the ordinance "in excess of its statutory authority." The appeal requests the PUC grant interim relief, so that relocation activities, as specified in Section 2 of Ordinance 06/35, do not have to begin by April 1, 2007. Additionally, the appeal asks the PUC to determine whether the city had property authority to enact Ordinance 06/35 and to hold the provisions of the ordinance void. Mayor Holmes moved that an engagement letter from Marianne Carroll, Brown McCarroll, L.L.P. to represent the city in connection with the TXU appeal be approved. Councilmember Carter seconded and the vote was unanimous to approve hiring Marianne Carroll to represent the city in connection with TXU's appeal of the city ordinance requiring removal and relocation of the 139 kV transmission line. CONSIDER AWARD OF BIDS FOR ROOFING FOR CITY HALL PROJECT, RELOCATED FACILITIES MAINTENANCE SHOP AT PEEK SERVICE CENTER, AND MISCELLANEOUS PROJECT CHANGE ORDERS: The original bid for the City Hall Roof was rejected primarily because of the issue surrounding the inability to match the existing clay tile roofing material. Gallagher solicited new bids with several alternative materials finding materials that would work; but, with only one bidder, Creative Roof Systems, the bid was higher than the original bid. Staff and Gallagher reviewed the details of the roof bid with the council's oversight committee, who unanimously recommended approval of the contractor's bid with an alternative material supplier, US Tile. The bid for the US Tile roof and appurtenances is $889,850. The chill water pumps could not be installed in the location shown on the plans and keep the existing building in operation; therefore, an alternative location had to be designed, structurally and mechanically, that would allow the existing mechanical equipment to operate until the old building is vacated for renovation. The redesign and relocation costs are $15,330 and $28,578 respectively. Council took previous action to reject bids for a stand-alone building to house our Facilities Maintenance operation, which had to be relocated to make room for the new Dispatch Facility at the Peek Service Center. Staff suggested to council at that time that the $200,000+ cost of that new building could be reduced significantly if the facilities maintenance shop could be constructed within one of the parking areas on the first floor of this building. Bids were received from existing subcontractors, who are constructing the dispatch facility, for a change order cost of $26,925. Several changes were necessary to the Peek Center electrical contract to accommodate new Security-A V -Computer contracts at a change order cost of $4,4 77. 151 Carpet tiles in the Dispatch/Emergency Operation Center Project needed to be changed to non- static materials to alleviate problems with computer operations. The change order will net an increase of $12,199. From a long-term maintenance perspective, laminate countertops do not wear in this type of application. The change order is in the amount of $3,812. Following are the change orders discussed in the above description: CITY HALL Roof Bids Chill Water Pumps Contract Increase $889,850 $ 28,578 Leo A. Daly (Design) Chill Water Pumps $ 15,330 PEEK SERVICE CENTER $ 26,925 New Facilities Maintenance Shop Misc. Electric Changes Non-Static Carpet $ 4,477 $ 23,650 Solid Surface Countertops $ 3,812 Subtotals $992,622 TOTAL $981,171 Proposed Council Action Award contract to Creative Roof Systems $889,850 Award change order to SkiHi Mech-Electric $21,915 Award change order to Tru-Grid $3,135 A ward change order to Piper-Weatherford $2,678 A ward change order to Groves Electric $850 Discuss addendum to LAD contract $15,330 Award change order to Piper Weatherford $3,442 A ward change order to Morris Drywall $12,072 Award change order to Liberty Park Painting $6,036 Award change order to Firetrol $3,875 A ward change order to Salve Door $1,500 Award change order to Abel Electric $4,477 Award change order to Prestige Interiors $23,650 Award change order to Spectra Flooring ($11,451) Award change order to Medco $3,812 Councilmember Carter moved approval of the bids. Councilmember Grable seconded, and the vote was unanimous to approve $981,171 bid for the roof at City Hall, the relocated Facilities Maintenance Shop at the Peek Service Center, and the miscellaneous project change orders. CONSIDER TRANSFER OF LIBRARY ACCOUNT MONEY TO UNIVERSITY PARK FRIENDS OF THE LIBRARY; Since the mid-1980's, the city has held donated money intended for a University Park library. The donations originally came from a Cub Scout fund raising effort. The money has been accounted for separately and is credited with interest earnings once a year; the current balance is $28,819.60. Recently, the city received a letter from David Ellis, President of the University Park Friends of the Library (UPFOL). The Friends request that the city's library account money be transferred to the UPFOL. This will consolidate their assets and relieve the city of the responsibility to hold the funds. 152 CONSIDER CHANGING DATE OF MARCH 20TH CITY COUNCIL MEETING: As Mayor Holmes will be unavailable for a March 20th meeting, the city council scheduled for that time will not be held. The next city council meeting will be April 3, 2007. ITEMS FROM THE FLOOR Max Fuqua, representing the University Park Merchants Association, expressed his concern regarding a Resident Only Parking Zone for Snider Plaza. City Manager Bob Livingston assured him that there was no proposal regarding a Resident Only Park Zone now. There being no further business, Mayor Holmes adjourned the meeting. PASSED AND APPROVED this 20th day of February 2007. ATTEST: