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HomeMy WebLinkAbout09-22-04398 MINUTES #2422 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, SEPTEMBER 22, 2004, 7:30 A.M. Mayor Blackie Holmes opened the meeting of the City Council. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Harry Shawver, Kelly Walker and Syd Carter. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. ITEMS FROM THE FLOOR Susie Jiminez, 3221 Northwest Parkway, requested the name Northwest Parkway be changed to Northwestern. Jim Doster, 3201 Northwest Parkway also spoke in favor of the name change, as did Sarah Puckett, 3313 Northwest Parkway. Mr. Doster also suggested that a sign, similar to the one used for the Goar Park improvements, be posted at the location of the proposed wall. City Manager Bob Livingston requested each property owner on Northwest Parkway, from Airline to Park Cities Baptist Church, who was in favor of the name change sign a petition requesting Northwest Parkway be changed to Northwestern. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Mayor Holmes seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER FINAL PAYMENT TO NORTH TEXAS CONTRACTING, INC. FOR CITY HALL WATER MAIN PROJECT NO. 43720: For work performed and materials furnished for the construction of a 24" water main in the amount of $36,421.39 in the 36-3800 blocks of University Boulevard and the 6400 block of Thackery. CONSIDER AMENDMENT TO AND RENEWAL OF ANNUAL INTERLOCAL AGREEMENT WITH DALLAS COUNTY TO COORDINATE A COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE DISPOSAL PROGRAM FY '05: The proposed Interlocal Agreement with Dallas County is an annual renewal of the Household Hazardous Waste Disposal Program that was initiated in 1994. This year's renewal includes an amendment to the agreement that reflects changes in the effective term, fiscal year budget, and billing procedures. Staff has reviewed the proposed amendment, but has found no significant changes. The changes are largely procedural and represent no change in the level, type, or cost of the services provided. CONSIDER PROCLAMATION FOR NATIONAL PREPAREDNESS MONTH SEPTEMBER 2004: To recognize the importance of preparing for all potential emergencies. CONSIDER PROCLAMATION FOR 9-1-1 DAY SEPTEMBER 11, 2004: To pay tribute to the heroism displayed by public safety communications personnel on a daily basis. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For September 7, 2004. 399 MAIN AGENDA CONSIDER ORDINANCE FOR ADOPTION OF FY2005 BUDGET, ORDINANCE FOR ADOPTION OF PROPERTY TAX RATE AND ORDINANCE FOR ADOPTION OF EMPLOYEE PAY PLAN: The new budget will take effect on October 1, 2004, fiscal year for the City. The City's Employee Benefits and Finance Advisory Committees have reviewed the City Manager's proposed budget as presented to the Council on August 3, 2004. Each Committee recommended approval of the budget with no changes. Councilmember Shawver moved approval of the ordinance adopting a budget FY '05, the 2004 property tax rate ordinance and the FY '05 salary plan. Councilmember Walker seconded the motion to adopt all three ordinances, and the vote was unanimous to approve each one. ORDINANCE NO. 04/26 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 04/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 2004-2005 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY PARK AS OF JANUARY 1, 2004, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENDITURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 04/28 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK FOR FY 2004-2005, AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE FOR TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS) UPDATED SERVICE CREDITS (USC) AND RETIREE COST OF LIVING ANNUITY (COLA): An ordinance to adopt Updated Service Credits for current employees who participate in TMRS at 100% and a Cost of Living Annuity increase equal to 70% of the CPI since the last increase for retirees in the TMRS system. Updated Service Credits were last adopted in 2000. Councilmember Shawver moved approval of the ordinance for Updated Service Credits for current employees who participate in TMRS and COLA for retirees. Councilmember Walker seconded, and the vote was unanimous to approve the ordinance for TMRS, USC AND COLA. ORDINANCE NO. 04/29 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE 4OO IN THE EMPLOYMENT OF THE CITY OF UNIVERSITY PARK; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. CONSIDER RESOLUTION FOR MAX-A-MILLION HORSE-DRAWN CARRIAGES TO OPERATE IN CITY DURING UPCOMING HOLIDAY SEASON: A request was also made to use public streets in the City and four parking spaces along the north curbside of the 3500 block of Lovers Lane at Curtis Park. These spaces will be used in the evening hours for storage of a truck and horse trailer and, during the day, for storage of the carriages. There will be two carriages at Snider Plaza for a 45-minute ride scheduled from Friday after Thanksgiving to a few days after Christmas, 6:00-10:00p.m. every hour. Mayor Pro Tem Roberts moved approval of the resolution allowing Max-A-Million Carriage Rides to operate in the City. Councilmember Carter seconded, and the vote was unanimous to approve the resolution allowing operation in the City during the holiday season. RESOLUTION NO. 04-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A REVOCABLE LICENSE AGREEMENT WITH DANA PENDERGRAPH, D/B/A MAX-A-MILLION CARRIAGE FOR THE USE OF CITY STREETS AND PROPERTY; AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RESOLUTION REQUIRING TXU'S JUSTIFICATION OF EXISTING TRANSMISSION & DISTRIBUTION (T&D) RATES: Twenty-one north Texas cities have joined in the TXU T&D rate inquiry, including Dallas, Fort Worth, Arlington, Carrollton and Plano. While TXU has supplied additional information about their earnings and planned uses of their earnings, past practice and experience reveals that the City fares best when it joins with other cities in regulatory matters. Mayor Pro Tern Roberts moved approval of the resolution for an inquiry of TXU T&D rates. Councilmember Shawver seconded, and the vote was unanimous to approve the resolution. RESOLUTION NO. 04-15 SUPPORTING THE REVIEW COMMENCED BY THE STEERING COMMITTEE OF CITIES SERVED BY TXU TO DETERMINE THE JUST AND REASONABLE RATES TO BE CHARGED BY TXU ELECTRIC DELIVERY COMPANY. CONSIDER RESOLUTION AUTHORIZING CITIES AGGREGATION POWER PROJECT (CAPP) TO NEGOTIATE AND EXECUTE CONTRACT FOR CITY ELECTRIC SERVICE: the City of University Park has been a member of CAPP since 2001. In 2002 and 2003, CAPP selected First Choice Power as the cities' retail electric provider. Last year, the contract was awarded to TXU Energy. CAPP members achieved savings of from 10% to 33% of the "Price to Beat" (PTB), or default, electric price. For 2005, CAPP is exploring the idea of seeking a wholesale contract for electric service. This could provide greater savings than another retail contract. Councilmember Shawver moved approval of the resolution authorizing CAPP to act as an agent for the City. Councilmember Walker seconded, and the vote was unanimous to approve CAPP to negotiate and execute a contract for City electric service. 401 RESOLUTION NO. 04-16 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC.. TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2005; AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2005; AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2005 AND TO HONOR THE CITY OF UNIVERSITY PARK'S COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2005 THROUGH CAPP. CONSIDER PROPOSAL WITH NEWMAN, JACKSON, BIEBERSTEIN (NJB) LANDSCAPE ARCHITECTURE FOR DESIGN SERVICES FOR GOAR PARK AND CITY HALL: Plans will be developed in a way that will allow City forces to accomplish some of the work with other parts being performed by contractors. NJB will coordinate with the building architect, Leo A. Daly, and the drainage engineer, Goodson Engineering, to incorporate their design into the building and drainage designs where applicable. Councilmember Shawver moved approval of the proposal with NJB for design services. Councilmember Carter seconded, and the vote was unanimous to approve the proposal for design services for Goar Park and City Hall. CONSIDER PROPOSAL FOR SITE CIVIL ENGINEERING FOR CITY HALL EXPANSION: Council approved a final conceptual design for the City Hall expansion and remodel during its September 7th meeting. Engineering services are now needed to prepare for construction bidding. The proposed site civil engineering contract with R.L. Goodson contains engineering services regarding dimensional control, paving, drainage, grading and water/sewer plans for the City Hall expansion and remodel. In addition, the proposal contains services for a storm water pollution prevention plan, bidding, construction inspection, and various creek/park improvements. The estimated fees for the services outlined in the contract are $62,000. Councilmember Shawver moved approval of the proposal with the deletion of the Limit of Liability Clause. Councilmember Carter seconded, and the vote was unanimous to approve the site civil engineering contract with R.L. Goodson. CONSIDER PROPOSAL FOR $43,600 FROM CHIANG, PATEL & YERBY, INC. (CP&Y) FOR ENGINEERING SERVICES ASSOCIATED WITH REPAIRS TO CITY'S SOLID WASTE TRANSFER STATION AT 2525 UNIVERSITY: The Sanitation Division operates a transfer station at 2525 University Blvd. The structure, built about 1971, receives municipal solid waste and yard waste from collection trucks that operate within the community. The wastes are then transferred to much larger trucks for transportation to landfill and composting facilities in Garland and Mesquite. The practice of constant rinsing of the facility during and after each load has taken its toll on some of the metal superstructure, and the entire facility is also painted with lead-based paint. On February 3, 2004, Council approved a proposal from CP&Y to evaluate the extent of damage to the facility and make recommendations on the repairs needed to correct the damage. Following delivery of that report, staff solicited a second proposal from CP&Y to develop plans, specifications, and bid documents for the necessary repairs. As part of this proposal, CP&Y will also assist with bidding activities such as attending pre-bid conferences, responding to contractor inquiries and tabulating bids, construction administration services including, site visits, submittal review, contractor pay request review, and a final inspection with the City. Mayor Holmes moved approval of the proposal CP&Y. 4O2 Councilmember Shawver seconded, and the vote was unanimous to approve the proposal for professional engineering services for repairs to 2525 University Boulevard. CONSIDER BID FOR IN-PLACE RECYCLING OF ASPHALT PAVEMENTS AT VARIOUS LOCATIONS TO CUTLER REPAVING, INC., PROJECT NO. 42692: Existing asphalt streets will be reconstructed using in-place recycling of asphalt. Streets are being resurfaced based upon need and following curb and gutter repair. Councilmember Shawver moved approval of the bid. Councilmember Walker seconded, and the vote was unanimous to approve the bid in the amount of $377,266.35. CONSIDER SANITARY SEWER ALONG SMU BOULEVARD: SMU is currently undertaking sanitary sewer improvements at the intersection of Dublin Street and SMU Boulevard. SMU contracted with JRJ Paving to complete the sanitary sewer tie-in at this location. While JRJ is working at this location, staff recommended the contractor also replace a section of an 8" sanitary sewer line that has been identified for replacement. The proposed segment is 620' from Dublin to Boedeker along SMU Boulevard. Mayor Pro Tem Roberts moved approval of the replacement of the 8" sanitary sewer. Councilmember Carter seconded, and the vote was unanimous to approve the replacement from Dublin to Boedeker along SMU Boulevard. DISCUSS APPOINTMENT OF ASSOCIATE JUDGE FOR MUNICIPAL COURT: As Judge Pro Tempore Winfield Scott is no longer a City of University Park resident, Judge James P. Barklow, Jr. recommended Attorney Dan Hagood as his replacement. Mr. Hagood will be introduced to the City Council at a future meeting. Mayor Holmes then called the meeting into Executive Session at 8:50 a.m. for a consultation with the City Attorney regarding possible litigation under Section 551.071 of the Texas Government Code. The Executive Session ended at 9:45 a.m. No action was taken during the meeting. PASSED AND APPROVED this 5th day of October 2004. ir ? ~~ H. H~lme~ III, ~yor