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MINUTES
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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
COUNCIL CHAMBER - CITY HALL MODULAR BUILDING
TUESDAY, MAY 20, 2008, 5:00 P.M.
At 3:01 p.m., Mayor James H. Holmes, III, convened the City Council into an Executive Session in
the Fire Department Training Room under Section 551.071 of the Government Code for
consultation with the City Attorney regarding possible litigation. The Executive Session ended at
4:04 p.m. No action was voted on or taken during the session.
Mayor Holmes opened the regular City Council Meeting at 5:00 p.m. in the Council Chamber in the
City Hall Modular Building. Present were Councilmembers Syd Carter, Jerry Grable and Bob
Clark. Mayor Holmes announced that Mayor Pro-Tempore Kelly Walker would arrive late. Also in
attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Kate
Smith.
One Boy Scout was in attendance. He introduced himself and told the Council which merit badge
he was working on: Kevin Moses, 3541 Marquette.
Former Mayor Pro Tempore Harry Shawver was in attendance. Mayor Holmes presented Mr.
Shawver with his retirement plaque which was unavailable for presentation at the previous City
Council meeting.
CONSENT AGENDA
Mayor Holmes continued to the Consent Agenda. He indicated that the Consent Agenda consists of
items considered routine in nature and that are passed in one motion. Mayor Homes announced that
he would like to pull off two items for discussion. The first was Item D, Consider and Act on an
Amendment to the City Code banning the keeping of fowl within the City of University Park.
Mayor Holmes noted that Julius Stener who had requested a permit to keep two chickens at the May
6, 2008 meeting was present. Julius addressed the City Council and re-stated his request to keep
two chickens in his backyard. Mayor Holmes thanked Julius for his comments and said the City
Council had granted the permit at the May 6, 2008 meeting.
The second item the Mayor requested to be pulled from the Consent Agenda was Item E, Consider
and Act on Change Order No. 3 with Rebcon, Inc. to modify the sidewalk along the north side of
the Northwest Parkway Screening Wall. Mr. Jim Doster, 3201 Northwest Parkway was present at
the meeting and requested to address the City Council. He thanked the City Council for the
modifications that had been made to the wall regarding adding space for additional landscaping on
the north side of the wall, and for decreasing the width of Northwest Parkway to allow for
additional green space on the south side of the wall. He also thanked Public Works Director Bud
Smallwood for his assistance on the project.
Councilmember Carter moved approval of the Consent Agenda. Councilmember Grable seconded,
and the vote was unanimous to approve the following: -
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CONSIDER AND ACT ON A RENTAL REQUEST FOR BURLESON PARK FOR THE SUSAN
G. KOMEN BREAST CANCER 3 DAY WALK: Staff has been contacted by representatives of
the Susan G. Komen organization regarding a 3-day Breast Cancer Walk ending in University Park.
Organization representatives have requested reserving Burleson Park to act as a holding area for
walkers prior to entering the SMU Campus for closing ceremonies. The event and park reservation
is scheduled for Sunday, November 9, 2008. The organizers anticipate over 3,500 participants. If
this reservation is approved by the City Council, staff would recommend the following criteria be
followed by the Susan G. Komen organization: develop a form letter to be distributed to residents
within 600 ft. of the park; provide adequate restroom facilities based on number of participants; pay
park reservation fee of $1,000.00 (includes part of Saturday, all day Sunday and part of Monday);
pay refundable security deposit of $300.00 and provide police security at the organization's
expense.
CONSIDER AND ACT ON APPROVAL OF A CONTRACT WITH THE MANAGEMENT
CONNECTION TO PROVIDE STRATEGIC PLANNING SERVICES FOR THE CITY
COiJNCIL AND STAFF: In past years, the City Council and staff have participated in a joint
strategic planning session to develop goals and plans for the future. One of the firms suggested by
several cities in our relative size range was Mr. Joe Gonzalez of The Management Connection. It is
recommended the Council approve a contract with The Management Connection in the amount of
$9,800 plus reasonable expenses.
CONSIDER AND ACT ON A RESOLUTION SUPPORTING COUNCILMEMBER WALKER
FOR A POSITION ON THE NCTCOG EXECUTIVE BOARD: Councilmember Kelly Walker has
applied for a position on the North Central Texas Council of Governments' Executive Board.
Earlier this month, as part of the application process, Mayor Holmes sent a letter from the City
Council supporting her appointment. This resolution is further acknowledgment of that support.
RESOLUTION NO. 08-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS,
AFFIRMING SUPPORT FOR COUNCILMEMBER KELLY WALKER'S APPLICATION FOR A
POSITION ON THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS'
EXECUTIVE BOARD.
CONSIDER AND ACT ON AN AMENDMENT TO THE CITY CODE BANNING THE
KEEPING OF FOWL WITHIN THE CITY OF LJNIVERSITY PARK: At the its last meeting, the
Council directed the City Attorney to draft an amendment to the Municipal Code that would ban the
keeping of fowl in the City of University Park. This was done after the Council approved the
keeping of two chickens by a local student who had applied for a permit to keep them. The permit
was allowed under the current version of the Code. Council indicated they would approve a permit
for the resident to keep those two chickens during their lifetime but that no new chickens could be
brought in, and that the permit would be cancelled upon the removal or death of these particular
chickens.
ORDINANCE NO. S/30
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED,
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BY AMENDiNG ARTICLE 2.300 OF THE CODE OF ORDINANCES TO PROVIDE
REGULATIONS FOR THE KEEPING OF FOWL; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR THE REPEAL OF ALL ORDiNANCES iN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVFIOR EACH O FENSETAND P OVIDING AN EF EICTIVE
HLTNDRED DOLLARS ($500.00)
DATE.
CONSIDER AND ACT ON CHANGE ORDER NO. 3 WITH REBCON, INC. TO MODIFY THE
SIDEWALK ALONG THE NORTH SIDE OF THE NORTHWEST PARKWAY SCREENING
WALL: At the May 6, 2008 Council Meeting, residents from the 3200-3300 block of Northwest
Parkway expressed their desire for the City to modify the sidewalk along the north side of the wall to
provide space for landscaping. Staff initiated a change order to the contract with REBCON, Inc. for
the work. The cost associated with the sawing and removal of a portion of the sidewalk is $25,500.
CONSIDER AND ACT ON APPROVAL OF CITY COUNCIL MEETING MINUTES: For May 6,
2008 and May 13, 2008.
MAIN AGENDA
DISCUSS COFFEE PARK PLAYGROLJND FiJNDRAISING COMMITTEE: Park Director Gerry
Bradley stated that staff had recently been approached by a group of UP citizens who are interested
in developing a fund raising initiative in an effort to raise money to support the Coffee Park Barrier-
Free Playground. The project is scheduled to be advertised soon with an anticipated ground-
breaking in the fall of 2008. University Park resident Chris Murzin was present at the meeting to
address the City Council on the issue. Mr. Murzin said that the current plan for the playground was
wonderful and that staff has done a lot of work to make it as barrier-free as possible. Mr. Murzin
said that he recognized the additional expense of the barrier-free items to the playground and as a
result would like to form a committee to raise these funds and awareness that a barrier-free
playground is meant to be inclusive for all people. Mr. Murzin proposed a"head-shaving" event
on Saturday, May 31 S' at Coffee Park for the first fundraising activity. Mr. Murzin also recognized
that the proceeds from the 4~' of July Fun Run will also go to the playground fund. He continued
that the group has already come up with a"tag line" for their efforts and that is "Embracing the
past, building the future." Finally, Mr. Murzin presented a$500 check to the City to kick-off the
fundraising effort. Mayor Holmes told Mr. Murzin that they could use the park on Saturday, May
31 St for the event and that he and the City Council supported his fundraising efforts.
CONSIDER AND ACT ON CURTIS PARK POOL IMPROVEMENTS - PHASE I BIDS: On
May 7, 2008, staff opened bids for Phase I of the Curtis Park Pool Improvements. The estimated
project budget was $600,000.00. Bids were received from three vendors with the low bidder being
Sunbelt Pools. The low base bid, including selected alternates came in at $567,401.00. The
following is a break down of the total projects cost: Sunbelt Pools Base Bid including alternates,
$567,401.00, Gallagher Construction Management (5%), $30,000.00; Project Contingency (7%),
$40,000.00; and Material Testing, $10,000, for a total project cost of $647,401.00. Councilmember
Grable moved approval of the Phase I bids for the Curtis Park pool improvements. Councilmember
Carter seconded, and the vote was unanimous to approve the Phase I bids for the Curtis Park pool
improvements.
CONSIDER AND ACT ON NORTHWEST PARKWAY SCREENING WALL LANDSCAPE ---
DESIGN PROPOSAL: On Monday, May 5, 2008, staff inet with homeowners who reside between
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Airline Road and Hillcrest Avenue, and are impacted by the wall project. During the meeting, staff
received input from the residents on the proposed landscape plan. Staff contacted GGOA Architects
and asked the firm to submit a proposal for landscape design plans for the Northwest Parkway Wall,
the median at the intersection of Northwest Highway/Hillcrest Avenue and Artha Garza Park. Staff
has selected GGOA Architects due to their involvement with the'design of the Northwest Highway
Wall project and the Coffee Park Master Plan. The contract for landscape design services with
GGOA Architects is in the amount of $15,500.00. Councilmember Clark asked Park Director Gerry
Bradley if he gives the architect direction on plant materials. Mr. Bradley responded that he gives
the architect a rough design and that they expand his initial ideas. Mr. Bradley added that the plan
will be reviewed by homeowners adjacent to the wall, the Park Board and the City Council. Public
Works Director Bud Smallwood noted that the planting beds on the north side of the wall had
increased slightly in size and had gone from 24 inches to 30 inches. City Manager Bob Livingston
verified that Mr. Bradley had planned for a sign identifying Artha Garza Park. He confirmed that
there was a sign planned. Councilmember Grable asked if irrigation was planned on the north side
of the wall. Mr. Bradley confirmed that irrigation was planned. Councilmember Clark asked since
the park is not used as much as some of the others, could he look at plants that use less water? Mr.
Bradley responded that he would look at this and noted that there will be a mix of plant materials
used. Councilmember Carter moved approval of the Northwest Parkway Screening Wall landscape
design proposal. Councilmember Clark seconded, and the vote was unanimous to approve the
Northwest Parkway Screening Wall landscape design proposal.
CONSIDER AND ACT ON A REQUEST FOR AN ADDITIONAL CROSSING GUARD AT
AMHERST AND DICKENS: The police department received a request form the PTA to provide a
school crossing guard at the intersection of Amherst and Dickens on the north east side of
University Park Elementary School. The police department requested a traffic study be conducted
by C& P Engineering to determine the need for a crossing guard. Upon the completion of the
study, C& P Engineering made the recommendation to add a crossing guard at the intersection of
Amherst and Dickens based on numerous factors. Councilmember Carter asked Police Chief Gary
Adams when the position could be filled. Chief Adams responded that they would fill the position
as soon as possible. Councilmember Grable moved approval of the request for an additional
crossing guard at Amherst and Dickens. Councilmember Carter seconded, and the vote was
unanimous to approve the request for an additional crossing guard at Amherst and Dickens.
CONSIDER AND ACT ON 1NCREASING THE FINE FOR OVERTIME PARKING IN SNIDER
PLAZA: Currently the fine for overtime parking in Snider Plaza is established at $15.00 per
violation. There is a$5.00 court cost added which makes the total fee collected for overtime
parking $20.00. Police Chief Gary Adams stated that due to the continued abuse of overtime
parking and demands being made on the city by the merchants to free-up more parking, it's
recommended that the City Council increase the amount of the parking fine. Mayor Holmes stated
that the City Council discussed this item in the pre-session, and it was proposed to increase the
violation to $30.00, with a$5.00 court cost, to set the total fee collected for overtime parking at
$35.00 per violation. Mayor Holmes clarified that this increase would apply citywide, not only to
Snider Plaza. Mayor Holmes then moved approval of increasing the fine for overtime parking
citywide as follows: $30.00 per violation and a$5.00 court cost, for a total fee of $35.00.
Councilmember Clark seconded, and the vote was unanimous to increase the fine for overtime
parking citywide to $35.00 per violation.
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DISCUSS LEED CERTIFICATION & GREEN PROGRAMS, SERVICES AND OPERATIONS:
Staff inet with architects from Leo A. Daly to discuss the feasibility of obtaining LEED certification
for City Hall. This item was placed on the May 6`~' City Council agenda, but the item was tabled
due to time constraints for discussion. In addition to the LEED certification, staff would like to
present the City Council with a number of options for green programs, services, and operations that
could be implemented to supplement the City's existing green activities. However, staff was not
ready to present these options to the City Council, and requested this item be brought back for
discussion during the June 17~' City Council meeting. Mayor Holmes acknowledged the item
would be brought back on June 17~'.
DISCUSS CREATION OF A RETAIL/COMMERCIAL ADVISORY COMMITTEE: Mayor
Holmes asked staff to include an item on the agenda to discuss creation of a Retail/Commercial
Advisory Committee covering all shopping areas in the City. Mayor Holmes noted that this item
had been discussed by in the City Council pre-session meeting. Mayor Holmes stated that the
current Snider Plaza/Hillcrest Strategic Plan Committee was a good special purpose committee and
could transition to a standing committee to review ongoing retail and commercial area issues once
their initial charge is complete. He noted that a few additional owners and merchants from Lovers
Lane and Preston Center should be added to the committee.
PASSED AND APPROVED this 3id day of June 2008.
J es H. Holmes, II , Mayor
ATTEST: