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HomeMy WebLinkAboutMn 07-03-07 198 MINUTES #2714 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 1~}9 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, ') n.' 0 ~;; 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. 201 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: