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HomeMy WebLinkAboutMn 05-01-07 183 MINUTES #2709 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, MAY 1,2007,5:00 P.M. Mayor James H. Holmes, III, convened the city council into an executive session in the conference room at 4:02 p.m. for a consultation with the City Attorney regarding potential litigation under Section 551.071 of the Government Code. The executive session was closed at 4: 13 p.m. No action was voted on or taken during the meeting. Mayor 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 Three Boy Scouts introduced themselves and stated the badge upon which they were working. They were Nick Hudson, 3412 Granada, Apt. 202; Clayton McIntosh, 4108 Stanhope; Kelso Hartley, 3502 McFarlin. Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER COFFEE P ARK MASTER PLAN HISTORICAL TIME LINE DESIGN PROPOSAL: Three (3) key design elements of the project include design of a sculpture donated by the Coffee Family, construction of a barrier-free playground, and the development and installation of a historical time line exhibiting significant events associated with the history of the city. The goal of the project is to educate residents and students on city history. The contract for interpretive design services with Museumscapes is $9,800. CONSIDER REPLACEMENT OF MAILIUTILITY BILLING VEHICLE: The current van is 11 years old. It shows marked wear and tear on the interior, and the air conditioner no longer functions properly. The new van is a Chevrolet Uplander, accommodates seven passengers and provides the cargo capacity necessary to move mail and packages. CONSIDER ORDINANCE AMENDING TEXAS FOOD ESTABLISHMENT RULES WITH REGARD TO CATERING TRUCKS: The ordinance amending the Texas Food Establishment Rules with regard to catering trucks requires the name of the catering service to be permanently affixed on both sides of the truck and requires the permit holder to permanently display the health permit in the catering truck. 184 ORDINANCE NO. 07/14 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 THE TEXAS FOOD ESTABLISHMENT RULES WITH REGARD TO CATERING TRUCKS; REQUIRING THE NAME OF THE CATERING SERVICE TO BE PERMANENTL Y AFFIXED ON THE TRUCK AND REQUIRING THE PERMIT HOLDER TO PERMANENTLY DISPLAY THE HEALTH PERMIT IN THE CATERING TRUCK; 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 RESOL TUION APPROVING EXEMPTION FROM BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION CODE: The 2000 United States Census for the City of University Park shows that only 3.1 % of the city's population is of Hispanic or Latino descent and that the election precincts or parts thereof wholly within the City of University Park are exempt from the bilingual requirements of the Election Code pursuant to Section 272.003. RESOLUTION NO. 07-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING EXEMPTION FROM THE BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION CODE FOR PRECINCTS OR PARTS OF PRECINCTS WHOLLY WITHIN THE CITY OF UNIVERSITY PARK; AUTHORIZING AND DIRECTING THE MA YOR TO EXECUTE A WRITTEN CERTIFICA TION THA T SUCH PRECINCTS QUALIFY FOR THE EXEMPTION; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For April 17, 2007. MAIN AGENDA PUBLIC HEARING TO CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY ADDING SECTION 28-106 (a) TO PROVIDE FOR A SPECIAL EXCEPTION FOR A FRONT YARD FENCE IN THE SF-2 ZONING DISTRICT: Gilbert 1. and Patricia Besing, property owners at 6023 St. Andrews, installed an 8- foot wrought iron fence in the front yard of their home in violation of city codes. The city requested they bring their property into compliance with the codes. The Besings applied to the Board of Adjustment for consideration of a variance. The board considered the item at its August 28, 2006 meeting and denied the request. The Besings then requested an amendment to the zoning ordinance to provide for a special exception which would allow the fence to remain. Mayor Holmes opened a public hearing. Mr. Besing made a presentation to the council for a special exception to the zoning ordinance. Ms. Beverly Dale, 6019 St. Andrews, spoke supporting the special exception. Mayor Pro Tempore Shawver stated that he had received two letters in opposition from Clyde Jackson, 6001 St. Andrews and George Seay, 6007 St. Andrews. Mayor Holmes closed the public hearing. Mayor Holmes stated that the zoning ordinance applies to all houses and that Mr. Besing house is not a special exception. Mayor Pro Tempore Shawver moved to deny the 185 ordinance for a special exception. Councilmembers Carter and Grable recused themselves due to personal involvement with the issue. Councilmember Walker seconded, and the vote was 3-0 with 2 abstaining to deny the ordinance for a special exception for a front yard fence in the SF-2 District. PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE APPROVING SNIDER/HILLCREST STRATEGIC PLAN: The city contracted Townscape, Inc. in early 2005 to conduct a study and prepare a strategic plan for the future development of Snider Plaza. In developing the plan, Dennis Wilson and his team held a series of neighborhood meetings with property owners, residents, and merchants from July 2005-March 2006 to discuss the issues and draft proposals. The city council also convened a joint work session with the Planning and Zoning Commission on November 13,2006 and discussed the draft of the plan. At that meeting, council directed staff to move forward with the formal adoption of the plan. The Planning and Zoning Commission held a public hearing on February 19, 2007 and considered the plan at its regular meeting on March 19, 2007. The Planning and Zoning Commission recommended approval of the plan with two conditions: a building height of four (4) stories must be defined, and the Rosedale opening should be implemented in the short term. After further consideration of the public comments provided, staff wished to add the following recommendations: (1) residential-over-retail development shall not be allowed specifically by zoning. Rather, it would require an amendment to the existing PD zoning on a case-by-case basis. Council asked that special standards be developed if such a request occurs, so that restrictions would already be in place to deter the use of units as student housing, such as parking requirements and unit configuration. (2) Standards shall be established for new developments in Snider Plaza with a specific height envelope. That height envelope should be a maximum of 42' at the alley property line and extend at an angle of 3' for every l' in additional height toward the Plaza. The maximum building height, including the parapet, shall be 60', excluding mechanical, which shall be set back within the envelope, and the maximum number of stories shall remain at four, but must fit within this envelope. Present zoning on the Plaza allows four stories. There is not a specific height limitation. Depending upon individual floor heights and equipment screening needs, buildings under the current standards could exceed 55' in height. (3) The Plaza "Green" is just a concept. No action shall be taken on its implementation until any parking that may be displaced, plus 150 additional spaces, are secured for customer and employee use. (4) Move the opening of Rosedale for better circulation from "mid-term" implementation to the short term. (Planning and Zoning Commission Recommendation.) Five parking spaces will be lost by this change. Before Mayor Holmes opened the public hearing, he made the following statement: "The city has received approximately 2,000 letters from University Park residents, as well as, visitors to Snider Plaza in opposition to the Townscape Master Plan for Snider Plaza. Letters have also been received from 60% of the business owners in Snider Plaza. I move that this council reject all aspects of the Townscape Master Plan for Snider Plaza that recommends removal of street parking and presence of a village green and residential development in Snider Plaza and that all references to the removal of street parking, the presence of a village green, and residential development in Snider Plaza, which are contained in the Townscape Master Plan, be deleted." Frank McIntyre, 3439 Westminster, spoke in favor, with reservations, of the Townscape Master Plan for Snider Plaza, and Mary Graves, 6716 Hursey, stated that she did not agree with everything in the plan; but, thought it was a good plan, and she wished the council would move forward with it, taking a look at the parking situation. Jeff O'Neil, 3117 Bryn 186 Mawr, who owns a business in Snider Plaza at the comer of Westminster, spoke in opposition to underground parking. John Jackson, 3425 Colgate, stated that he was in favor of some things and against others. He was in favor of an advisory committee of citizens, merchants and owners. Kitty Ritchie Holleman, 3939 Marquette, feels that Snider Plaza streets should be one way. Albert Huddleston, 4021 McFarlin and owner of the Chase Bank Building, suggested tabling the issue. Max Fuqua, owner of Plaza Health Foods, 6717 Snider Plaza, agreed that the issue should be tabled and that other solutions be brought up in committee. Councilmember Grable asked Mr. Fuqua for his solutions to the parking situation. Mr. Fuqua suggested that the garages at the Medical Arts Building and SMU could be used with people paying to park. Robert Reeves, a planning and zoning consultant retained by the merchants, requested no underground parking, residential uses or green space, and that provision for these items be deleted. Karl F. Kuby, owner of Kuby's Sausage House, 6601 Snider Plaza, requested the council move forward in unison. Duncan Fulton, 3524 Rankin, felt that the short term recommendations were good, but did not feel the residential uses and parking were good. Roger Fullington, 3801 McFarlin, stated that 60% of the owners think the issue should be tabled. They are opposed to the green space and parking regulations. Councilmember Grable stated the council was not in favor of removing parking from Snider Plaza and that standards were needed on height restrictions and that the council is not in favor of damaging Snider Plaza or the owners. Councilmember Walker emphasized the process of everyone working together on Snider Plaza. Councilmember Carter stated council was concerned about parking and moving traffic through Snider Plaza and that Dennis Wilson of Townscape, had presented an idea and that a great deal of misinformation had been given out with regard to it. Mayor Holmes then made the following motion: "I move that this council reject all aspects of the Townscape Master Plan for Snider Plaza that recommends removal of street parking and the presence of a village green, and residential development in Snider Plaza, and that all references to the removal of street parking and the presence of a village green and residential development in Snider Plaza which are contained in the Townscape Master Plan be deleted and that the plan be revised and brought back to the city council." He then amended the motion as follows: "I move the issue on the master plan be tabled and brought back to the council in revised form for consideration, and 1 will leave the public hearing open and deny the ordinance at this time." Councilmember Grable seconded, and the vote was unanimous to approve the motion and amendment. As there was no further business, the meeting was adjourned. PASSED AND APPROVED this 22nd day of May 2007. ATTEST: