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HomeMy WebLinkAbout11-02-04410 MINUTES #2425 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, NOVEMBER 2, 2004, 5:00 P.M. Mayor Holmes convened the Council into Executive Session at 4:01 p.m. under Sections 551.071 and 551.074 of the Texas Government Code, consultation with the City Attorney and also regarding a personnel matter. The Executive Session was adjourned at 4:42 p.m. No action was taken. Mayor Holmes then opened the meeting of the City Council. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter and Harry Shawver. Councilmember Kelly Walker was absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. BOY SCOUTS Cole McCrum, 7159 Lavendale, Dallas, Texas, of Boy Scout Troop #730, introduced himself and stated that he was working on the Citizenship in the Community Merit Badge. AWARDS & RECOGNITION INTRODUCTION: The Reverend Scott Wizeman was introduced as the Police and Fir~ Chaplain. Mr. Wizeman is a minister at University Park United Methodist Church. ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT AWARD: Finance Director Kent Austin introduced Purchasing Agent Christine Green and Administrative Secretary Sandy Perkins congratulating them on the award. The program is designed to measure innovation, professionalism, e-procurement, productivity and leadership attributes of the procurement function. The City is one of only 45 cities to receive the award four times. EMPLOYEE RECOGNITION AWARD: Police Chief Gary Adams presented the award to Parking Enforcement Officer Stan Burkman and Mayor Pro Tem Roberts presented him with a check from the City. On September 30, 2004, while writing tickets in the 3200 block of Milton, Officer Burkman found a wallet on the street containing a large amount of cash, various credit cards and personal identification belonging to a City resident. Officer Burkman made contact with the resident and verified the loss of a wallet and made arrangements to return it. Upon its return, the resident stated that it contained $500.00 in cash. The cash along with credit cards and other personal papers were all accounted for. Officer Burkman exhibited his honesty and integrity by returning the money to its owner. DEPARTMENT PINS: City Manager Bob Livingston presented Fire Department Section Chief Jim Stroope and Driver/Engineer Mike Carrell 30-year pins; Utility Department Maintenance Technician II Ysabel Torres a 15-year pin; Police Officer Eric Walden, a 1 O-year pin for a total of 85 years of service to the City. 411 BOY SCOUTS OF AMERICA: Boy Scout Cole McCrum, 7159 Lavendale, Dallas, who is working on his Citizenship in the Community Merit Badge, introduced himself. He is in Troop #730. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA PROCLAMATION FOR REX CURTIS, DIRECTOR OF FACILITIES, HIGHLAND PARK PRESBYTERIAN CHURCH: Rex Curtis Day was proclaimed by the church honoring Mr. Curtis, who has worked tirelessly to assure the comfort and safety of church members and staff. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For October 20, 2004. MAIN AGENDA CONSIDER APPOINTMENT OF DAN HAGOOD AS ALTERNATE MUNICIPAL COURT JUDGE: As the appointment is a function of the Mayor and Council, Mayor Holmes and Judge James P. Barklow, Jr. proposed appointing Mr. Hagood as an Alternate Judge in the City of University Park Municipal Court. Councilmember Shawver moved approval of the appointment. Mayor Pro Tem Roberts seconded, and the vote was unanimous to authorize Dan Hagood as an Alternate Municipal Court Judge. CONSIDER REQUEST FROM MAX-A-MILLION CARRIAGE RIDES TO WAIVE SIGN ORDINANCE REQUIREMENTS: On September 22nd, the City Council gave approval to Max- A-Million Horse-Drawn Carriage to operate in Snider Plaza during the upcoming holiday season. As this approval did not include any type of advertising or temporary signage, the owner requested the Council approve two (2) "A" frame signs to be placed within the Plaza. A petition with 27 signatures from tenants of Snider Plaza in favor of the amendment was presented to the Council. Staff had no issue with the request as long as the signs do not obstruct traffic or sight lines. The Council suggested a temporary amendment to the sign ordinance for 2004 to see how it works. However, even if there is no problem, the request will have to be made on an annual basis. Councilmember Shawver moved that the sign ordinance be amended to allow two (2) A- Frame signs in the Plaza for October, November and December and that they be taken down the last day of December. Mayor Pro Tern Roberts seconded, and the vote was unanimous to waive the sign ordinance requirements temporarily. The ordinance amendment will be placed on the November 16, 2004 Agenda and will include the Mad For Plaid request for temporary signage. PUBLIC HEARING FOR ABATEMENT OF NUISANCES AT 4021 MARQUETTE: Mayor Holmes opened the public hearing. The city has had complaints regarding the condition of the property at 4021 Marquette as far back as 1995, as a result of junk vehicles, defective sidewalks, or other deteriorating conditions on the property. In each of these cases, the property owner, Mr. Cloyde Buchanan Jr., was issued a citation for not bringing his property into compliance. In each of these instances, he failed to accept the citation or appear in court. Mr. Buchanan had to be transported by ambulance to the hospital in April for breathing difficulties and allowed a neighbor access to his home. The neighbor brought to our attention the fact that the interior of the house was in a complete state of disrepair. Mr. Buchanan's daughter, Linda Maclver, who was in town during her father's hospital stay, asked for City assistance in getting some of the 412 debris removed from the home, which she received. Since City Building Inspection Staff has not been permitted to formally inspect the inside of the residence by the property owner, but only through the description and photos furnished by the neighbor, the following concerns exist within the structure: electrical hazards, unsanitary conditions resulting from rodent infestation, mold in walls and flooring as a result of holes in the roof, and roof, walls, floors, windows, and doors not properly sealed from outside. Section 3.201 of the City of University Park Code of Ordinances defines items such as those listed above as "public nuisances" and states that such shall be abated, repaired, rehabilitated, demolished, or removed. Staff recommends that the Council order the complete elimination of the stated nuisances on the property at 4021 Marquette within thirty (30) days. In the event that the property owner does not meet the Council imposed deadline, the City will proceed to carry out the work called for by Council's order, and the cost of such work shall be levied as a tax against the premises. Mr. Buchanan appeared before the Council and stated the property was under contract and that the closing date was November 29, 2004. Mayor Holmes closed the public hearing. Mayor Holmes moved that Mr. Buchanan be given 45 days or until December 10, 2004 to close the sale of his home. The issue will be discussed again on the first City Council meeting after 45 days from November 2, 2004, which will be December 14, 2004 at 7:30 a.m. Councilmember Shawver seconded, and the vote was unanimous to issue the Order for Abatement of Public Nuisance. REPORT FROM COUNCILMEMBERS WALKER AND CARTER REGARDING CONDITION OF PROPERTY AT 4305 GREENBRIER: Mr. Kenneth Crozier, 4305 Greenbrier, appeared at the October 20th City Council meeting unable to explain why he had not met the sixty (60) day deadline for correcting the violations on his property that had been imposed by the Council in August. The violations specifically consist of the need to eliminate the junk, debris and overgrowth on the property, as well as painting all of the exposed wood on his house and detached structures. When asked why he refused to allow city staff on his property to inspect for compliance, Mr. Crozier stated that he believed he would be opening himself to possible additional prosecution. He insisted that he could correct all of the problems if he was given enough time. It was noted again at this meeting that staff had been working with Mr. Crozier on this matter since October 2003. Councilmembers Walker and Carter agreed to set up an appointment with Mr. Crozier to walk the subject property with him and observe the progress that he has made in the clean up since being contacted by a Code Enforcement Officer. Code Enforcement Officer, Russell Craig was to accompany them whenever they were able to agree upon a date and time to inspect the property. A meeting had been set for 3:00 p.m. November 2, 2004, but Mr. Crozier experienced car trouble and was unable to keep the appointment. AnOther appointment will be set up to inspect the property. If no access is gained to the property at that time, Council will move forward. Mayor Holmes moved that direct access to the property for an inspection be given on or before November 12, 2004 to Councilmembers Kelly and Carter and a Code Enforcement Officer. The motion was made and amended and seconded by Mayor Pro Tem Roberts to place the item on the November 16th Agenda. The vote was unanimous to approve the extension. CONSIDER ORDINANCE REQUESTING TWO 15-MINUTE PARKING SPACES AT 4347 LOVERS LANE: The owner of Avon Cleaners, 4347 Lovers Lane, submitted a request for two (2) 15- minute parking spaces on the south side of Lovers Lane. The spaces are currently subject to a 2- hour time limit. The owner, Stacy Godo, has collected signatures from a majority of property owners along the 4300 block indicating their approval of the proposed 15-minute parking spaces. Modifying the current 2-hour time limit to al 5-minute time limit requires Council approval of an 413 ordinance specifying the exact location of the proposed parking spaces. Councilmember Shawver moved approval of the request. Mayor Holmes seconded, and the vote was unanimous to approve an ordinance for two 15-minute parking spaces at 4347 Lovers Lane. ORDINANCE NO. 04/34 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING TO FIFTEEN MINUTES ON THE SOUTH SIDE OF THE 4300 BLOCK OF LOVERS LANE FOR TWO PARKING SPACES AT 4347 LOVERS LANE, SAID AREA BEING DEPICTED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR THE ERECTION OF SIGNS; 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 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE AMENDING FY2005 BUDGET TO CARRY FORWARD ENCUMBRANCES FROM FY2004: The ordinance will amend the FY2005 budget to carry forward $545,293.97 encumbered at the end of FY2004, thus making the funds available for expenditure in the current fiscal year. Without this amendment, the City could not expend these funds without exceeding the adopted budget. Councilmember Carter moved approval or the amendment. Councilmember Shawver seconded, and the vote was unanimous to approve the ordinance to carry forward encumbrances from FY2004. ORDINANCE NO. 04/35 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2004- 2005 FISCAL YEAR BUDGET, ORDINANCE NO. 04/26, TO CARRY FORWARD ENCUMBRANCES FROM THE 2003-2004 FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $362,591.22, UTILITY FUND ENCUMBRANCES OF $181,307.10, AND SANITATION FUND ENCUMBRANCES OF $1,395.65; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ACCEPTING A RENEWAL OFFER FROM UNITED HEALTH CARE FOR SPECIFIC STOP LOSS AND AGGREGATE STOP LOSS COVERAGE: For the current year, the City has coverage that limits our liability to $60,000 for individual claims as well as aggregate stop-loss coverage. The City has not received firm quotations regarding the aggregate coverage. The broker has obtained an individual stop-loss quote from the current carrier, National Benefit Resources, for $263,892 (current year cost $216,600). The quote is valid until November 15th. After that date, it is subject to review and adjustment based on additional claim information. Acceptance of the bid will freeze the cost of the coverage but will allow the City to continue to shop the coverage for better quotations at the current and alternative stop-loss points. If one is obtained from another carder, the City can change. Mayor Pro Tern Roberts moved that the City accept the bid. Councilmember Shawver seconded, and the vote was unanimous to approve acceptance of the renewal offer from United Health Care. 414 DISCUSS ART OBJECTS LOCATED IN FRONT YARDS OF RESIDENTIAL PROPERTIES: As a result of the placement of the "horse & rider" in the front yard of the new home at 4000 University Boulevard., staff had been requested to bring the issue of art objects located in the front yard of residential properties before the Council. According to Section 8-608 (3) of the Zoning Ordinance only "Free standing columns, statuaries, bird baths, pedestals, and other art objects" are to be located in the required front yard in residential districts. Since there is no definition for "other art objects", sculptures or statues similar to the one in question or larger, or located closer to the street cannot be regulated as long as they are on private property. The Zoning Ordinance Advisory Committee (ZOAC) will have to recommend any amendment of Section 8-608. Mayor Holmes moved that Section 8-608 of the Zoning Ordinance be referred to the ZOAC and amended to make "art objects" clearer. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the referral to ZOAC. REVIEW REPORT FROM GSWW REGARDING INFILTRATION-IN-FLOW INTO SANITARY SEWER COLLECTION SYSTEM: In 1996, GSWW Consulting Engineers performed extensive testing and monitoring of the City's sanitary sewer collection system to identify sources of extraneous flows (stormwater/groundwater) infiltrating into the system. That infiltration/inflow, coupled with the City's normal wastewater flows and other factors, resulted in downstream capacity issues (i.e., overflows from surcharging manholes). The study identified a considerable list of locations in need of replacement, which has served as a source of high priority capital improvements for the past eight years. Virtually, all of the aforementioned priority replacements have been completed, and we contracted with GSWW to perform additional monitoring to determine whether our replacement program has been successful in reducing the amount of I/I in our system. FALL LEADERSHIP UNIVERSITY PARK CLASS: Mayor Holmes introduced each graduate of the fall class and presented them with Certificates of Achievement. There being no further business, the meeting was adjourned, the meeting was adjourned into a reception honoring the Fall Leadership UP Class. PASSED AND APPROVED this 16th day of November 2004. ATTEST: /7 , .~m~ H. Holmes III, Mayor