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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.
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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
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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
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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.
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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