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MINUTES
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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
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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.
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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
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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
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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
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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
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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