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HomeMy WebLinkAboutMn 07-01-08344 MINUTES #2738 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER - CITY HALL MODULAR BUILDING TiJESDAY, JULY 1, 2008, 5:00 P.M. At 3:05 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 City Attorney regarding Litigation in the case of Salisbury vs. the City of University Park. The Executive Session ended at 4:02 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 Mayor Pro Tempore Kelly Walker and Council members Jerry Grable and Robert Clark. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard, and Assistant City Secretaries Brandy Voge and Liz Spector. 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 Pro Tempore Walker moved approval of the Consent Agenda. Councilmember Grable seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER AND ACT ON APPOINTMENT OF BRANDY VOGE AS ACTING CITY SECRETARY: With the resignation of Kate Smith, the City Secretary position is vacant. Until such time as the position is permanently filled, an Acting City Secretary will need to be appointed to perform the duties of the position. Brandy Voge has served as Assistant City Secretary and can perform the City Secretary duties also. City staff recommends this appointment. CONSIDER AND ACT ON AN ORDINANCE AMENDING SECTION 21-100(4) OF THE COMPREHENSNE ZONING ORDINANCE TO ADD SUBSECTION (e) TO PROVIDE FRONT ARTICULATION INCENTIVES IN SINGLE-FAMILY DWELLING DISTRICTS: City Council held a public hearing and considered and approved an ordinance on June 17, 2008. Section I of that ordinance states "lots less than sixty feet (60') in width". However, the illustrations in the ordinance correctly provide for "lots sixty feet (60') or less in width". This amendment clarifies the original intent of the ordinance. City staff recommends approval. ORDINANCE NO. 08/37 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 21-100 (4) TO ADD SUBSECTION (e) TO PROVIDE FRONT ARTICULATION INCENTIVES IN SINGLE-FAMILY DWELLING DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF F1NE NOT TO 345 EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER AND ACT ON A CONTRACT AND FUNDING FOR THE 2008 CITIZEN SURVEY: With the intention of conducting a resident survey every three years, the City conducted its first resident survey in 2005. As with the initial survey, the 2008 survey will ask residents to rank their satisfaction on the programs and services (1-5 scale) provided by all City departments. Residents will also be asked to rank their level of interest on various topics or potential programs. Space will also be provided for residents who wish to write or type in additional comments. The 2008 survey will satisfy the questionnaire requirements for the Police Department's CALEA recertification. The survey will be mailed to residents as an insert in their October utility bills. Residents can participate in the survey in one of two ways. They can return the self- addressed and stamped survey by mail or they can complete the survey online. All answers will be kept confidential. The Dallas Marketing Group will design the survey and compile the results. The Dallas Marketing Group has more than 30 years of experience in conducting surveys, focus groups and market research projects for a wide variety of industry and governmental clients. The firm conducted the City's 2005 survey. As part of the contract, the firm will provide the City Manager and City Council with a final report detailing the survey responses. Staff recommends approval of a contract with the Dallas Marketing Group to conduct the 2008 Citizen Survey. Dallas Marketing Group's project proposal estimates cost at $13,750.00 with half to be paid at commencement of the project and the balance due upon submission of final report to Council. CONSIDER AND ACT ON APPROVAL OF A RENEWAL OF THE COOPERATIVE AGREEMENT WITH DALLAS COLJNTY FOR THE CDBG PROGRAM: Since 1987, University Park and other area cities have approved cooperative agreements with Dallas County, allowing the County to apply far Community Development Block Grant (CBDG) and HOME Investment Partnership program funds from the federal government. CDBG monies are used by local governments to fund projects benefiting low-to-moderate income neighborhoods. Dallas County administers the program; funds have been used for projects such as road reconstruction, water and sewer installation, code enforcement and housing reconstruction. Renewing the cooperative agreement does not require the City to apply for or take CDBG funding, but it does help the County in obtaining funds for other cities with legitimate needs. The proposed three-year agreement is identical to the last one signed by the City and County, which was approved in 2005. City staff recommends approval of the proposed Agreement of Cooperation for CDBG/HOME Program with Dallas County. RESOLUTION NO. 08-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY AND DALLAS COUNTY FOR THE COUNTY TO QUALIFY FOR THE URBAN COUNTY CDBG PROGRAM; STATING THAT THE UNDERSTANDINGS AND AGREEMENTS OF THE PARTIES; AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL, COOPERATION AGREEMENT WITH DALLAS COUNTY UNDER CHAPTER 791 OF THE TEXAS GOVERNMENT CODE; AND PROVIDING AN EFFECTNE DATE. CONSIDER AND ACT ON APPROVAL OF CITY COUNCIL MEETING MINUTES FOR JUNE 17, 2008. 34~ MAIN AGENDA CONSIDER AND ACT ON A REQUEST FOR A MULTI-WAY STOP CONFIGURATION AT THE INTERSECTION OF MILTON AND THACKERY: Following a request from residents in the vicinity of the aforementioned intersection, staff contracted with C-P-Engineering to conduct a study. The consultant's investigation and analysis of the traffic volume, sight distance, and accident history indicated that none of the warrants met parameters established in the Manual of Uniform Traffic Control Devices (MUTCD). He therefore recommended against the installation of the multi- way stop configuration. A copy of the consultant's report was forwarded to the residents. Although appreciative of the City's efforts to conduct the traffic study, the neighborhood respectfully requests that the Council authorizes the installation of the subject stop sign configuration. Mayor Holmes asked if there was anyone who wished to speak on this item and Mr. Rusty Goff, 3552 Milton, rose to speak in favor of the stop sign request. Mr. Goff was representing a group of homeowners in the area of this intersection. He stated that there were 14 children living in the immediate area and 62 children living in the 3500 block of Milton. Having lived at the same address for 4 years, he says he has witnessed countless incidents at this intersection, including high school kids driving through the intersection too fast and coming up off the ground, children and dogs hit by cars losing control in the intersection and trees have also been hit. The homeowners are requesting a common sense approach and urge the stop sign be installed. Goff stated that it would be beneficial for the neighborhood. He also asked Police Chief Gary Adams if the stop sign could have the reflective tape stripe added to the pole when it was installed. Public Works Director Bud Smallwood stated that every stop sign in University Park will eventually have this reflective tape. Councilmember Grable asked that the City continue conducting studies to establish traffic control parameters, even though he was in favor of approving the citizens' request to add the stop sign against the recommendation of the traffic study. Councilmember Grable moved approval of the request for a multi-way stop configuration at the intersection of Milton and Thackery. Mayor Holmes seconded the request and the vote was unanimous to approve the request for the multi-way stop sign at the intersection of Milton and Thackery. Councilmember Grable recused himself for the next item and left the chambers. CONSIDER AND ACT ON AN ORDINANCE APPROVING AN AMENDED DETAILED SITE PLAN FOR PLANNED DEVELOPMENT PD-12 TO PROVIDE AN AREA ABUTTING CONNERLY DRIVE AND LOCATED ON THE EASTERN SIDE OF THE SITE, FOR TEMPORARY STORAGE iJNITS: City Council held a public hearing on June 17, 2008, and considered the amended detailed site plan submitted by the Park Cities YMCA. Council discussed the special conditions to be attached to the PD ordinance and provided directions to staff. Community Development Manager Harry Persaud requested two additional conditions be added to the proposed site plan amendment as follows: 1) add screening of pool equipment and 2) park the buses inside the fenced lot on the east side of the building when not in use. Councilmember Clark mentioned that the original amendment did not give the option for "slats" added to the fence for screening. Mayor Holmes called the first speaker to the podium. Mr. John Bunten, 3613 Wentwood, spoke in favor of the additional changes and stated he had no problem with them. Mayor Holmes called for the next speaker and Mr. Jim Mills, 3537 Asbury, came to the podium. He agreed with Mr. Bunten and said he wanted to work with the YMCA and the neighborhood. The next speaker, Mr. Jim Elliot, 2916 Rosedale, concurred and waived his option to speak. Mayor Holmes thanked everyone for their input. Councilmember Clark moved to bring the ordinance back to council for approval as revised with added screening for the pool equipment and the requirement 347 that buses be parked inside the fence lot on the east side of the building when not in use. Mayor Pro Tempore Walker seconded the motion and the vote was unanimous to bring the ordinance back to - council for approval. Councilmember Grable rejoined the meeting. CONSIDER AND ACT ON A REQUEST TO ABANDON CITY-OWNED PROPERTY ADJACENT TO 2812 DYER: Director of Public Works Smallwood stated that the City owns a strip of land along the south side of McFarlin west of North Central Expressway to Airline. SMU gave the abandoned railway right-of-way to the City decades ago, and the Park Department has maintained it as a landscape buffer along the north side of the double-frontage lots along the north side of Dyer. Over the years, residents of Dyer have, with the City's permission, constructed rear- entry driveways across the subject parkway. In the attached letter, a realtor representing the property owners at 2812 Dyer requests that the City abandon that portion of the aforementioned parkway. The City has abandoned many street and alley rights-of-way, however, this strip of land serves as a buffer for the front of the residences along the north side of McFarlin (i.e., it screens the rear of the Dyer properties). Staff is not supportive of the abandonment because of the negative impact on the properties along the north side of McFarlin, including the difficulty of maintenance (mowing/irrigation) of the non-contiguous parkway and any construction of structures along the parkway that would create the look and feel of an alley along the south side of McFarlin. Mayor Holmes asked if there was any discussion on this item or anyone wishing to speak. Seeing no one, Mayor Holmes moved to deny the request to abandon the City-owned property adjacent to 2812 Dyer. Councilmen Clark and Grable both seconded the motion and the vote was unanimous to deny the request to abandon the City-owned property adjacent to 2812 Dyer. CONSIDER AND ACT ON AN ORDINANCE DESIGNATING 2-HOUR PARKING ALONG THE EAST CURB LINE OF HILLCREST, FROM DYER NORTH TO DANIEL: According to Director of Public Works Bud Smallwood, during recent meetings of the Snider Plaza/Hillcrest Strategic Plan Committee, parking has been paramount in all discussions. To that end, parking consultant Paul Walker was hired to develop a parking study for Snider Plaza and the Hillcrest corridor. One of the recommendations from the committee was to modify the time limits for the parking along the east side of Hillcrest, from Dyer north to Daniel. It is currently designated as 4- hour parking (8 a.m. to 4 p.m. / M-F, except holidays). The parking has been used by SMU students; however, since the construction of campus garages, the change would help relieve a shortfall in commercial parking needs. Mr. Smallwood stated that he would like this ordinance to be enacted prior to school opening this fall. Mayor Holmes asked that Captain Leon Holman of the Police Department notify the SMU Law School of the change. Councilmember Clark moved approval of the ordinance designating 2-hour parking along the east curb line of Hillcrest, from Dyer north to Daniel. Councilmember Grable seconded the motion and the vote was unanimous to approvethe ordinance. ORDINANCE NO. 08/38 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF HILLCREST FROM THE POINT OF ITS INTERSECTION WITH DANIEL TO THE POINT OF ITS INTERSECTION WITH DYER FOR LONGER THAN TWO (2) HOURS AT ANY TIME BETWEEN 8:00 A. M. AND 4:00 P. M. MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS; 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 34~ HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTNE DATE. DISCUSS WATER QUALITY CONSUMER CONFIDENCE REPORT PUBLIC COMMENTS: Each year, municipal water providers are required to mail Consumer Confidence Reports (CCR) to every residence within the community detailing contaminant levels in the potable water system. According to the most recent report the City meets and/or exceeds all regulatory standards for contaminant levels revealed through water testing samples in 2007. State regulations also require the water provider to offer residents an opportunity to ask questions in open forum regarding the CCR. This agenda item is intended to meet the State requirement. Director of Public Works Smallwood stated that copies of this report were required to be sent to each household in the City by June 30, 2008. Mayor Holmes asked if this was done and Smallwood answered in the affirmative. Seeing no one wishing to discuss this item further, Mayor Holmes closed the discussion. This will be brought back for discussion during the July 22, 2008 City Council Meeting to satisfy State requirements. No action was taken. CONSIDER AND ACT ON APPROVAL OF THE GRANICUS CITY COUNCIL MEETING MANAGEMENT AND PRODUCTION SYSTEM: In conjunction with the remodel of City Hall, and the restoration of the historic Council Chambers, the introduction of state-of-the-art Council Meeting management technology has been a part of the plan since its inception. To facilitate this project, Information Services staff has been implementing the preliminary pieces of the plan. Electronic document imaging was begun in 2003, and in May, 2008, added the MuniAgenda Council Meeting Agenda automation system. This system allows Department Directors to create their agenda items independently of the City Secretary in a consistent and easy to use format. The City Secretary can then electronically close an agenda, and publish the results both internally and to the public through the City's Web site. To continue this automation process, the next step is to introduce the Granicus Council Meeting Management System. The system will be implemented in three phases. Beginning in late August, the MediaManager and MinutesMaker software will be implemented at a cost of $26,129.50. Phase one will allow the City Secretary to electronically "push" the final agenda over to Granicus, and use the MinutesMaker system to record the meeting. This phase will be implemented in the modular building to give the City Secretary a chance to get comfortable with the software prior to the final move back into the Council Chambers. Phase two will be implemented shortly after the final move to the remodeled Council Chambers. Audio/video equipment will record the Council meetings for live broadcast to the City Hall conference rooms to accommodate overflow crowds. Granicus Touch screens on the Dais will allow the Council members to follow the agenda, view supporting documentation, and view projected presentations. The cost of Phase two will be $79,207.50. Phase three will be the installation of MediaVault in late 2009 to store Council Meetings older than twelve months. The cost of Phase three will be $7,792.50 for a total cost for all three phases of $113,129.50. Granicus will store a rolling twelve months of ineetings, plus up to 200 hours of other public service video that may be created by the Community Information Officer. With the implementation of the Granicus Meeting Management System, and the ability to televise the meetings internally, University Park will have a Council Chambers with leading edge, proven technology. Granicus is currently managing meetings in cities as large as San Antonio and Corpus Christi, as well as Lewisville, Grand Prairie, McKinney, Tarrant and Collin Counties, and the Dallas Independent School District. Funds for this project will be made available in the General Fund through a budget amendment to be considered at the Council Meeting on July 22, 2008. Mayor Pro Tempore Walker asked if Board of Adjustment or Planning and Zoning Commissions would have access to this system for their agendas. Director of Information Services Jim Criswell said no, but their meetings 349 could be made available on the Web site if they wished. Seeing no one else wishing to speak and no other questions from Council, Mayor Holmes moved to approve acquisition of the Granicus City Council Meeting Management and Production System. Mayor Pro Tempore Walker seconded the motion and the vote was unanimous to approve the acquisition of Granicus City Council Meeting Management and Production System. DISCUSS THIRD PARTY PLAN REVIEW ANALYSIS: On January 8, 2008, City staff presented the City Council with a contract from CH2M Hill for third-party plan review services. Since approval of this contract, CH2M Hill has been responsible for reviewing plans to meet all building codes and the City's Zoning Ordinance on remodels and new construction. To date, CH2M Hill has provided plan review services for four commercial properties and 111 residential properties. A building permit is issued by the City once plans have been approved by CH2M Hill, and the City then provides inspection services for all permitted construction sites. During recent inspections, City staff has uncovered 23 total errors not caught by CH2M Hill during the plan review phase. Errors are primarily from the City's Zoning Ordinance and not from the adopted building plans. As a result of the errors, three cases have been referred to the Board of Adjustment (BOA) for consideration (another is pending for a future BOA meeting). City staff understands plan review errors can be extremely costly and inconvenient for builders/property owners. There is currently no provision within the CH2M Hill contract to assess penalties associated with plan review errors. The turnaround time average of 16 calendar days represents the time from which CH2M Hill picks up plans and then returns to the City for permitting. At this time, it is difficult to ascertain whether CH2M Hill is meeting the stated turnaround time of five days for residential and ten days for commercial, because CH2M Hill spends additional time waiting on builders to resubmit plans before approval and sending back to the City for permit. In addition, there have been delays in getting plans to CH2M Hill once the City has received them at the counter. Procedures for accepting and sending out plans are currently under review, and an improved logging system will be implemented. One of the goals with the addition of third-party plan review was to reallocate field personnel towards inspection activity. This gives the City the ability to decrease the number of inspections per inspector per day, which in turn should increase the quality and attention given each inspection. The City currently has three inspectors in the field performing inspections. Prior to CH2M Hill taking over plan review, the average number of inspections per inspector per day was 17. Since that time, the average number of inspections per inspector per day has dropped to 11. Total number of inspections performed per year has steadily increased from 7,148 in 2005 to 8,788 in 2007 (23% increase). While the ultimate burden of submitting accurate, code compliant plans is the responsibility of the builder and architect, City staff recognizes the importance of accurate and timely plan review. The plan review errors that have occurred during the first six month period represent an unacceptable level of service if errors continue at the same rate. CH2M Hill has taken steps to mitigate the number of errors within the plan review. The high number of errors found on the building plans reviewed by CH2M Hill is of serious concern. At this time staff does not recommend canceling the contract. However, City staff would like to judge the improvements CH2M Hill has implemented to-date, and bring the contract back for final consideration in September. Acting Director of Community Development Robbie Corder stated that the errors were mainly local governmental zoning ordinance errors. Mayor Holmes stated that it disturbs him that the architects and/or builders submitted plans they knew were wrong and he wants that fixed. Mr. Corder suggested penalties could possibly be assessed CH2M Hill for their review errors. Councilmember Clark asked if Mr. Corder was considering reevaluating the decision to use CH2M Hill and Mr. Corder replied that he wanted to revisit this in September. Carder wants to make sure that the steps CH2M Hill have taken to correct their plan reviews errors are working. Mayor Pro Tempore Walker added that the City inspectors have also missed the mark. The reason 35~ CH2M Hill was hired was to allow our inspectors to do their jobs better. Mr. Corder stated that his department was watching for this and that he wanted to make sure the City of University Park has the ultimate in quality inspections. Mayor Holmes noted that out of 18 missed plan errors, four were side setback violations and 4 were forty-foot walls. He stated that CH2M Hill should know these ordinances and that if errors of this sort were missed so many times, there should be a penalty assessed. Mr. Corder reassured the Mayor that there is motivation to correct and find these errors. Mayor Holmes applauded Mr. Corder's efforts to address these problems and Councilman Grable agreed. Mr. Tom Burke of CH2M Hill agreed with Mr. Corder. Mr. Burke assured Council that he will meet their goals and accept any penalties. He stated that the reviews received since May are not yet in construction, but that he assured Council there has been a big improvement. Mayor Holmes thanked everyone for their candor and their efforts. ITEMS FROM THE FLOOR Ms. Kitty Holleman, 3939 Marquette, addressed the Council about the excess number of vehicles parked on the city streets. She voiced her concern about 18-wheelers and moving vans parked on the side streets. She was also concerned about the lack of parking and loss of green space due to backyard swimming pools. Ms. Holleman also addressed the condition of the duplexes on the east side of the high school and wanted to know what happened to the grills that used to be in Goar Park. Mayor Holmes said Council will find out what happened to the grills and thanked Ms. Holleman for her time. Mr. John Bunten, who had previously addressed the Council, asked when the schools were going to build buildings and get rid of the portable classroom structures. He also mentioned that he spoke with one of the bicycle patrolmen he saw on patrol in Snider Plaza. Mr. Bunten wondered why they were wearing long pants rather than shorts in the heat of the summer. City Manager Bob Livingston replied that Chief of Police Gary Adams would be able answer that for him. There being no further business and no one else wishing to speak, the meeting was adjourned. PASSED AND APPROVED this 22nd day of July, 2008. elly alker, Mayor Pro Tempore ATTEST: Brandy Vog City Se tary