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MINUTES
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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, JANUARY 4, 2005, 5:00 P.M.
Mayor Holmes opened the meeting of the City Council. Present were Mayor Pro Tempore Jim
Roberts and Councilmembers Syd Carter, Harry Shawver and Kelly Walker. Also in attendance
were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson.
AWARDS & RECOGNITION
RECOGNITION: Fire Chief David Ledbetter recognized Fire Marshal Carl McMurphy and
presented him with a plaque acknowledging his efforts with Southern Methodist University's
Great Escape Program. The program has been recognized by the National Association of College
and University Residence Halls.
DEPARTMENT PINS: City Manager Bob Livingston presented a 30-year pin to Sanitation
Crew Leader Juan Martinez, a 15-year pin to Police Officer Curtis Ellenburg and a 1 O-year pin to
Police Department CID Sergeant Bob Flood for a total of 55 years of service to the City. Code
Enforcement Officer Russell Craig, Building Department, was unable to attend to receive his 15-
year pin and will be scheduled at a later date.
ITEMS FROM THE FLOOR
Ms. Julie Scharr, 3515 Haynie, spoke on behalf of the Lovers Lane Architecture & Landscape
Committee, regarding outdoor lighting. She requested the date and location of the sample lights
that are to be installed. Public Works Director Bud Smallwood stated they would be delivered
within the next 30 days and would be installed at the intersections of Hunters Glen and Lovers
Lane, Vassar and Lovers Lane and Baltimore and Lovers Lane.
Mr. Bruce Fry, 3456 Lovers Lane, spoke against the reduction of the parkway on the north side
of Lovers Lane. He expressed his desire that more consideration be given to the project. Public
Works Director Bud Smallwood made a presentation on the Lovers Lane project and Dannie
Cummings, C&P Engineering, spoke on the width of the parkway in regard to the safety of the
children. Mr. Smallwood and Mr. Cummings both stated that the safety of the children had been
considered in realigning the street and that there would be no unusual danger in this realignment.
Mayor Pro Tern Roberts moved acceptance of the Consent Agenda. Councilmember Walker
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER COOPERATIVE PURCHASE OF CITY UNIFORMS FROM CEN-TEX
UNIFORM SALES VIA AN EXISTING CONTRACT WITH THE CITY OF FT. WORTH:
Cen-Tex has provided good clothing and customer service since their original contract began in
September 1996. Approximately $19,000 per year is spent on uniforms for Public Works and
Park employees, excluding work boots.
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CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For December 14,
2004.
MAIN AGENDA
CONSIDER SPECIAL PARKING PROVISIONS FOR UPCOMING STATE GYMNASTICS
CHAMPIONSHIPS: Highland Park High School will be hosting the Texas State High School
Gymnastics Championships on April 28-30, 2005. It is estimated there will be an additional 150
to 200 cars parked in the area during that time period, as well as 12 to 16 buses. Mr. John D.
Short, 6957 Orchid Lane, and supporters of this event have requested the City relax enforcement
of the Residential Parking District. The City requested the school, or supporters of the
gymnastics championship events, provide door hangers to notify residents in the affected area of
the temporary relaxation of the ordinance and that a contact number be made available for
residents to contact event organizers regarding any issues or problems with parking during the
event. All Residential Parking Signs will be bagged to ensure the ease of parking and smooth
flow of traffic. Councilmember Shawver moved approval of the special parking provisions.
Councilmember Carter seconded, and the vote was unanimous to approve the provisions for
April 28-30, 2005.
DISCUSS RECOMMENDATION FROM PUBLIC WORKS ADVISORY COMMITTEE
REGARDING RESPONSIBILITY FOR SIDEWALK CONSTRUCTION AND
MAINTENANCE ON THE PUBLIC RIGHTS-OF-WAY: Earlier this year, the City Council
received a citizen request that would place the responsibility for sidewalk maintenance and
replacement upon the City. The Council referred the request to the Public Works Advisory
Committee (PWAC) for discussion and recommendation. After considerable discussion, PWAC
recommended (6 in favor, 2 opposed) that City Council not change the existing ordinance and
leave the responsibility for sidewalk replacement with the abutting property owner. Council
requested staff check with cities that do shared reimbursement and report back to the Council in
Mid-February.
CONSIDER AGREEMENT WITH THE TOWN OF HIGHLAND PARK AND DALLAS
COUNTY PARK CITIES MUNICIPAL UTILITIES DISTRICT (DCPC MUD) FOR WATER
CONSERVATION AND DROUGHT CONTINGENCY PLANS: The City of University Park,
The Town of Highland Park and the Dallas County Park Cities Municipal Utility District are
proposing a partnership to complete the water conservation plans and drought contingency plans.
Under the attached Letter of Agreement, DCPCMUD will contract with Alan Plummer &
Associates and pay fifty percent (50%) of the total costs associated with completion of the water
conservation and drought contingency plans for each entity. The City of University Park and
The Town of Highland Park would each pay twenty-five percent (25%) of the total costs and
would be invoiced by DCPCMUD. The proposal from Alan Plummer & Associates totals
$38,900 with an additional $5,000 in fees for optional services. Mayor Pro Tem Roberts moved
approval of the agreement. Councilmember Walker seconded, and the vote was unanimous to
approve the water conservation and drought contingency plans.
CONSIDER ORDINANCE FOR RAIN SENSORS: As stipulated in the water conservation
requirements set forth by the State of Texas, cities must implement regulations which prevent
unnecessary water usage by irrigation systems on all properties. The City Code of Ordinances
currently requires a freeze sensor be installed on all new lawn sprinkler systems in order to
prevent such systems from operating during freezing conditions. A rain sensor would prevent
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sprinklers from running during a rain or immediately thereafter. Councilmember Walker moved
that an enabling ordinance amending Section 3.2204 of the University Park Code of Ordinances
requiring the installation of a rain sensor switch on all new irrigation systems in the city be
approved. Councilmember Carter seconded, and the vote was unanimous to approve the
ordinance.
ORDINANCE NO. 05/01
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3
OF THE CODE OF ORDINANCES TO ADD A NEW SUBSECTION 3.2204 (f), "RAIN
SENSOR"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
CONSIDER DISCLOSURE ON MOWING BID: On December 14, 2004, the City Council
awarded a bid for mowing to Earth Green Landscaping and Maintenance, Inc., for $72,060.00
annually. On December 15, it was brought to the attention of the Director of Parks that Earth
Green's owner, Jose De La Cruz, was married to a City employee, Municipal Court Clerk,
Yaneth De La Cruz. City Attorney Rob Dillard suggested that disclosure of the
company/employee relationship be made to the City Council as part of a City Council meeting
agenda. The duties and reporting relationship of Yaneth De La Cruz are unrelated to the
operations and bid process overseen by the Park Department. No unfair advantage was gained
by Earth Green due to Mrs. De La Cruz's employment with the City. The recommendation to
select Earth Green was based upon careful and diligent review of their bid including personal
inspections of their equipment, customer site evaluations and telephone reference checks with
Earth Green customers. The entire selection process was open and transparent and conducted in
accordance with all City and State purchasing requirements. There is no evidence that either Mr.
De La Cruz or Mrs. De La Cruz behaved improperly in any way relative to the mowing bid. The
fact of the bid award to a company owned by the spouse of a City employee is more coincidence
than conflict. Councilmember Carter moved that the bid be reaffirmed. An amendment will be
applied to future bid documents that will spell out the necessity for bidders to disclose relatives
employed by the City. Mayor Holmes seconded, and the vote was unanimous to reaffirm the
awarding of the bid to Earth Green Landscaping and Maintenance, Inc.
CONSIDER RESOLUTION REGARDING DALLAS COUNTY EMERGENCY
MANAGEMENT PLAN: The Dallas County Emergency Management Division has updated the
Dallas County Emergency Management Plan and is requesting a resolution passed by the City
Council authorizing the City Manager to adopt the revised plan. The plan has been reviewed and
meets the requirements of the Governor's Division of Emergency Management for the State of
Texas. The plan will provide Dallas County cities with assistance from Dallas County resources
in the event of an emergency beyond the control of City resources. Mayor Pro Tem Roberts
moved approval of the resolution. Councilmember Walker seconded, and the vote was
unanimous to approve authorizing the City Manager to adopt the revised plan.
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RESOLUTION NO. 05-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK TO
FORM A REGIONAL EMERGENCY MANAGEMENT MUTUAL AID AGREEMENT WITH
THE COUNTY OF DALLAS FOR THE PURPOSE OF PROVIDING AND RECEIVING
EMERGENCY MANAGEMENT ASSISTANCE.
REVIEW DESIGN/DOCUMENTATION CONTRACT WITH ALTERNATIVE
PRESENTATION SERVICES (APS) FOR AUDIO VISUAL EQUIPMENT IN CITY HALL
RENOVATION: Alternative Presentation Services (APS) was contacted regarding the audio
visual portion of the City Hall renovation. A meeting with Sherman Lanning and Skip Mussett
of APS was held in November 2004 to discuss the scope of the project. The design and
documentation portion of the contract is $11,800 and will include a complete system design, a
complete set of shop drawings, attendance at all contractor meetings and final budget of the
system. Councilmember Shawver moved approval of the contract. Councilmember Carter
seconded, and the vote was unanimous to contract with Alternative Presentation Services for
audio visual equipment for the City Hall renovation.
There being no further business, the meeting was adjourned.
PASSED AND APPROVED this 19th day of January 2005.
ATTEST:
r i~'~~cretary
(7~'~s H. Holmes IIIfMayo~