HomeMy WebLinkAboutMn 07-03-07
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MINUTES
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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBER
TUESDAY, JULY 3, 2007, 5:00 P.M.
Mayor James H. Holmes, III, convened the City Council into an executive session in the
conference room at 3 :00 p.m. for consultation with the City Attorney regarding a deliberation on
real property under Section 551.071 of the Government Code. The executive session was closed
at 3:15 p.m. No action was voted on or taken during the meeting.
At 3:15 p.m., the Council held a discussion on the Chase Bank Project. Community
Development Manager Harry Persaud reviewed the latest revised draft of the PD Conditions for
the project. Property owner Albert Huddleston was also in attendance. 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 Kate Smith.
A WARDS AND RECOGNITION
DEPARTMENT PINS: City Manager Bob Livingston presented Municipal Court Judge Jim
Barklow and Police Lt. Gerry Bishop with 20-year pins and Police Office Todd Jenkins with a
15-year pin.
Councilmember Carter moved approval of the Consent Agenda. Councilmember Walker
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For June 19,2007.
MAIN AGENDA
DISCUSS MA TTERS RELATING TO THE LEGACY -HILLCREST ZONING CHANGE
INCLUDING BUT NOT LIMITED TO THE DRAFT PD CONDITIONS AND TRAFFIC
IMPACT ANALYSES AND PROVIDE DIRECTIONS TO STAFF: In 2001, P&Z denied a
request by Legacy Hillcrest Investments for 270,500 sq. ft. of mixed uses on the subject tract.
Another request for 290,000 sq. ft. was considered on March 6, 2006. P&Z requested the
applicants consider amending that concept plan in view of the strong comments made by
residents opposed to the proposed development. The request was amended to 260,000 sq. ft.
and P&Z denied that request on April 17, 2006. The applicants then submitted a request for
approval of an amended concept plan for 217,500 sq. ft. which was considered by P&Z on July
17, 2006. The City Council held a public hearing on September 19, 2006 and directed staff to
hire a traffic engineer to conduct an independent Traffic Impact Analysis (TIA) of the proposed
development. The City Council held a work session on April 10, 2007, and discussed the
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proposed zoning change and received additional information from the applicant. On May 22,
2007, City Council received and discussed the TIA prepared by Mr. Jody Short, P.E, (Lee
Engineering) On June 19,2007 City Council discussed a list of draft PD conditions and received
additional information from the traffic engineer regarding the TIA. City Staff then requested
additional summary information regarding total daily trips (actual and theoretical) generated by
the Chase Bank site. Mr. John Denholm with Lee Engineering presented this information at the
meeting. The report included an A.M. Peak Hour Summary and an Off-Peak Hour Summary,
but did not include counts at noon. Following the presentation by Mr. Denholm, Mayor Holmes
asked the City Council members to each make a statement regarding the Chase Bank project and
their analysis or concerns to this point. Mayor Holmes began and said that the Council had
reviewed all e-mails and mail received thus far. He stated that his main issue is the size of the
project and that the uses that P&Z outlined were clarified for him in the pre-meeting. Mayor
Holmes said that he feels it will be a first class development that all University Park residents
will be proud of. He expressed his concern regarding what could be done with the site if Albert
Huddleston does not develop it. Mayor Holmes closed his remarks and stated that the final
decision on size would be made at the August 21, 2007 meeting. Mayor Pro Tempore Shawver
was next to comment and stated that he had several meetings with various concerned parties
including the Legacy/Hillcrest group of Mr. Preston Phillips, Mr. Art Anderson and Mr. Albert
Huddleston and also resident Jim Tubb. Mayor Pro Tempore Shawver thanked all parties for
their cordial manner and the way in which they presented themselves. He also said that he
appreciates all of the resident correspondence, however, was disappointed in some of the e-mails
that he had seen. He stated that he understands there is a lot a lot of emotion, but does not think
it serves anyone to make derogatory remarks. Mayor Pro Tempore Shawver closed his remarks
and asked either side to consider compromise and that the Council would welcome such ideas.
Councilmember Carter followed and congratulated Albert Huddleston and his staff for being so
open and said that he had no question that Mr. Huddleston would build a beautiful building. He
stated that his main concern is traffic and that whatever size is decided, it will be thoughtfully
deliberated. He concluded his statement and said that he would like for this to be a win-win for
everyone. Councilmember Grable was next to comment and complimented Albert Huddleston
on his desire to create a first class development. Councilmember Grable said that he is
concerned about: size, bulk, mass, traffic, uses and how it would fit into the neighborhood. He
also remarked that the site is currently under-utilized. He said that whether the City decides to
utilize the garage-option is yet to be determined, but that it was nice of Mr. Huddleston to make
it available to the City. In his closing remarks, he noted that the library is also an issue in the
project. Councilmember Walker was last to comment and complimented the Mayor and his
commitment to making sure that everyone is heard. Councilmember Walker said that the
Council had heard from all interested groups and that it is the Council's charge to do was it best
for all citizens. She closed by stating that all involved must proceed in the spirit of negotiation.
REPORT FROM PUBLIC SAFETY COMMITTEE ON LOVERS LANE SPEED ISSUES: The
City Council at its April 17, 2007 meeting, charged the City's Public Safety Committee with the
task of reviewing the issue of speeding complaints on Lovers Lane between Hillcrest and
Boedeker. Once the committee completed its review, it was directed to report back to the
council its recommendations on the matter. The Public Safety Committee met on May 8, 2007 to
discuss the Lovers Lane issues and decided to meet with Mr. Westendorff, who lives on Lovers
Lane and has voiced concern over speeds in the area. Chairman of the Public Safety Committee,
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Robert Boyd was present at the Council Meeting and stated that with one abstention, the Public
Safety Committee voted 4 to 2 to recommend the following: 1) Install a third digital speed board
at the intersection of Lovers Lane and Willard Street for west bound traffic coming into
University Park. As this is in the City of Dallas, the committee requested Public Works Director
Bud Smallwood make the arrangements for this installation. 2) Request that the City of Dallas
establish No Parking on Lovers Lane between Central Expressway and Boedeker. 3) Install a
continuous left turn lane down the entire length of Lovers from Willard Street, in Dallas, to
Hillcrest. Staff was at odds on the recommendation of the continuous turn lane, with Public
Works opposed and the Police Department in favor. To follow-up this split recommendation,
Mr. Smallwood stated that he did not think that it would slow traffic and that it actually might
speed it up. Captain Robert Flood responded on behalf of the Police Department and confirmed
that they supported all three Public Safety Committee recommendations. Councilmember Carter
remarked that the City Council received many e-mails regarding speeding on Lovers Lane and
thanked Mr. Boyd and the Public Safety Committee for their work in this issue. Councilmember
Walker moved to accept the three recommendations of the Public Safety Advisory Committee
and the Police Department and that a continuous left turn lane be installed. Councilmember
Carter seconded, and the vote was unanimous to accept the recommendations of the Public
Safety Advisory Committee and the Police Department and to install a continuous left turn lane.
CONSIDER RESOLUTION SUSPENDING A TMOS ENERGY GRIP REQUEST: On May 31,
2007, Atmos filed it latest Gas Rate Infrastructure Program (GRIP) request to be effective July
30,2007. Suspension of this request for 45 days (from effective date) will allow University Park
and other Atmos Cities Steering Committee (ACSC) to study the request in more detail. A
model staff report from Lloyd Gosselink Blevins Rochelle & Townsend, P.c. legal counsel from
the ACSC was presented which explained the basis for denying the GRIP request.
Councilmember Walker moved approval of the resolution suspending the Atmos Energy GRIP
Request. Councilmember Grable seconded, and the vote was unanimous to approve the
resolution suspending the Atmos Energy GRIP request.
RESOLUTION NO. 07-14
A RESOLUTION BY THE CITY OF UNIVERSITY PARK, TEXAS SUSPENDING THE
JUL Y 30, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP.,
MID- TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS
UTILITY INVESTMENT IN 2006; AUTHORIZING PARTICIPATION WITH THE ATMOS
CITIES STEERING COMMITTEE ("ACSC") IN A REVIEW AND INQUIRY INTO THE
SUFFICIENCY OF THE FILING AND THE BASIS OF THE PROPOSED RA TE
ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT
PROCEEDINGS INVOLVING THE PROPOSED GRIP RA TE ADJUSTMENTS;
REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSUL T ANT
RA TEMAKING COSTS; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE
COMP ANY AND LEGAL COUNSEL.
PUBLIC COMMENTS ON WATER QUALITY CONSUMER CONFIDENCE REPORT: Each
year, municipal water providers are required to mail Consumer Confidence Reports (CCR) to
every residence within the community detailing contaminant levels in the potable water system.
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The City met and/or exceeded all regulatory standards for contaminant levels revealed through
water testing samples in 2006. State regulations also require the water provider to offer residents
an opportunity to ask questions in open forum regarding the CCR. There were no residents in
attendance who wished to comment on the 2006 Water Quality Consumer Confidence Report.
CONSIDER CONTRACT FOR TREE TRIMMING AND REMOVAL: Staff opened sealed
bids for a tree trimming and removal contract. The purpose of the contract is to support staff in
the annual maintenance of trees on public property and support emergency tree service resulting
from inclement weather. The low bid received for the annual contract was from Horton Tree
Service of Fort Worth and Irving, Texas in the amount of $25,000.00. Mayor Pro Tempore
Shawver moved approval of the contract for tree trimming and removal with Horton Tree
Service in the amount of $25,000.00. Councilmember Carter seconded, and the vote was
unanimous to approve the contract with Horton Tree Service.
CONSIDER CANCELLATION OF THE SECOND CITY COUNCIL MEETING IN JULY:
Existing City Hall employees will relocate to the City Hall addition and modular building July
13-14. This includes the movement of all computers and equipment which would make it
difficult for staff to produce the agenda for the next scheduled meeting on July 17. Mayor Pro
Tempore Shawver moved approval of the cancellation of the second City Council meeting in
July. Councilmember Grable seconded, and the vote was unanimous to cancel the second City
Council meeting in July.
ITEMS FROM THE FLOOR
Ms. Kitty Holleman, 3939 Marquette, requested that City Council consider moving the library
from the Chase Bank site to a separate location.
Mr. Rusty Goff, 3552 Milton, asked the City Council if they were in favor of residential on the
Chase Bank site. Mayor Holmes replied that this had not been proposed to the City Council
(other than the proposed town homes on Haynie) and that the Council would be willing to look at
anything.
At the close of the meeting, City Manager Bob Livingston requested direction from the City
Council regarding if they would like staff to pursue a bond election in November to purchase
additional parking spaces in the Chase Bank project. After some discussion, Mayor Holmes
indicated that he did not feel a November election would be possible, but that a May election
would be.
PASSED AND APPROVED this ih of August 2007.
ATTEST: