HomeMy WebLinkAboutMn 10-21-08391.
MINUTES
--- AGENDA #2747
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
COUNCIL CHAMBER - CITY HALL MODULAR BUILDING
TUESDAY, OCTOBER 21, 2008, 5:00 P.M.
1:00 - 3:00 P.M. DISCUSS QUARTERLY MEETING AND GOAL-SETTING SESSION WITH
CITY MANAGER
3:00 - 4:00 P.M. DISCUSS DESIGN REVIEW OF HITZELBERGER, COFFEE AND SMITH
PARKS
4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW FIRE DEPARTMENT TRAINING
ROOM, CITY HALL
L CALL TO ORDER
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 Holmes, Mayor Pro Tem Walker,
Councilmember Carter, Councilmember Clark, and Councilmember Grable. Also in attendance
were City Manager Livingston, and City Attorney Dillard.
A. INTRODUCTION OF COiJNCIL: Mayor James H. Holmes, III
B. INVOCATION: Councilmember Syd Carter
C. PLEDGE OF ALLEGIANCE: Councilmember Syd CarterBoy Scouts
D. INTRODUCTION OF STAFF: City Manager Bob Livin s~ ton
City Manager Bob Livingston introduced City staff in attendance: Luanne Hanford, Human
Resources Director; Gary Adams, Chief of Police; Tim Pope, IS Department; Jim Criswell,
Information Services Director; Bud Smallwood, Director of Public Works; Randy Howell,
Fire Chief; Gerry Bradley, Director of Parks; Kent Austin, Director of Finance; Jacob Speer,
Assistant Public Works Director; Harry Persaud, Community Development Manager; Pat
Grecco, Neighborhood Integrity Officer; Brandy Voge, Acting City Secretary; Liz Spector,
Assistant City Secretary; Ken Irwin, Information Services; and Robbie Corder, Director of
Community Development.
II. AWARDS AND RECOGNITION
Two Boy Scouts were in attendance and they introduced themselves as follows: Andy Kopel,
3804 Hanover St., working on the Citizenship in the Community Badge; and John Michael
Fogarty, 3414 Hanover, working on the Citizenship in the Community Merit Badge. Also in
attendance were three Youth Advisory Council (YAC) members as follows: Adam Weber, Vice
Chair; Zachary Weber, and Nicholas Weber.
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III. CONSENT AGENDA
A. CONSIDER AND ACT: On Approval of Correcting Ordinance Amending 2008 Property
Tax Rate Ordinance to Provide $250,000 Over-65 and Disabled Homestead Exemption
In Februrary 2008 the City Council approved a$250,000 homestead exemption for
taxpayers age 65 and over ar disabled. Due to staff oversight, the 2008 (FY2009)property
tax rate ordinance, approved September 16, 2008, set the over-65 exemption back to $50,000
and omitted any exemption for disabled homeowners. The amending ordinance included on
the October 21, 2008, agenda rightly restores the $250,000 exemptions as originally
intended.
B. CONSIDER AND ACT: On Resolution Denying Oncor Rate Increase Request
City staff recommends approval of the resolution denying the Oncor rate increase request.
Approval of the resolution will require transmission and distribution rates to remain the
same and will lead to the decision's appeal to the Texas PUC.
C. CONSIDER AND ACT: On an Ordinance Abandoning Street Right-of-Way Adjacent to
3501 Southwestern
The property owner at 3501 Southwestern requested that the City abandon the street right-
of-way along his Turtle Creek frontage. The City has no current or future use of the subject
R-O-W, and staff asked the City Attorney to develop the enabling abandonment ordinance.
The appraisal of the property provides the following calculation of fair market value (FMV):
FMV =2553.22 SF @$87.804287/SF =$224,183.66 Once the property owner remits the
Fair Market Value to the City, the City Secretary will provide a certified copy of the
abandonment ordinance. The ordinance will be filed with Dallas County, and the property
owner must have an amending plat developed to consolidate the abandoned R-O-W with his
original platted lot.
D. CONSIDER AND ACT: On Approval of the GuluWalk to Raise Awareness and Money for
War-Affected Children in Northern Uganda.
GuluWalk is requesting permission to use the northbound lane of Hillcrest as one leg of a
walk they are planning to hold on Saturday, October 25, 2008. The walk will begin on the
SMU Campus and end up on the Campus. One leg of the walk will include Hillcrest Ave.
from Mockingbird to University and the group will then turn back onto the Campus. The
purpose of the walk is to raise awareness and money for the war-affected children of
Northern Uganda. The walk will begin at 11:00 a.m.
E. CONSIDER AND ACT: On a Resolution Supporting the Dallas Area Rapid Transit
Legislative Agenda that was Unanimously Approved by their Board of Directors
DART has reyuested their thirteen member cities show united support in the 81 st Texas
Legislative Session for the State Legislative Agenda of DART and City staff recommended
support for this resolution.
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F. CONSIDER AND ACT: On Approval of Minutes from October 7, 2008 City Council
Meeting
The consent agenda is a group of items that can be approved by the Council in one motion. They
are considered relatively routine in nature, however any items can be removed if so wished. No
items were asked to be withdrawn and Mayor Holmes asked Council for a motion.
Mayor Pro Tem Walker made a motion to approve IIL CONSENT AGENDA. Councilmember
Clark seconded, and the motion carried unanimously.
IV. MAIN AGENDA
A. PUBLIC HEARING: On A Request for Chan~e of Zoning from SF-2 to Planned
Development District, PD-35 and Consideration of a Detailed Site Plan for a Tract of 0.929
Acres Situated on the Northwest Corner of Hunters Glen Road and Druid Lane
Mayor Holmes opened the Public Hearing.
The subject tract is comprised of lots 4004 Druid Lane and 6801 Hunters Glen Road. The
tract is currently zoned single family SF-2 zoning district classification in accordance with
the comprehensive zoning ordinance. The combination of the two single family lots resulted
in an odd L-shaped tract. The proposed PD zoning with a detailed site plan is intended to
create a building site in accordance with Section 11-100 (2) of the comprehensive zoning
ordinance. The detailed site plan provides for the construction of a new single family home
on the site in accordance with specific development standards consistent with the SF-2
zoning district.
The proposed ordinance was designed to keep the development on this site consistent within
the development standards currently in existence. Four property owners responded in favor
of this zoning change and the Planning and Zoning Commission recommended passage.
Staff and architects for the propeMy owner, Ms. Dedman, were present for questions.
Community Development Manager Harry Persaud presented a Power Point which included a
notification map showing area property owners who were contacted. The presentation also
delineated the lots that were in question with a detailed site plan.
Councilmember Syd Carter asked if there were any property owners opposed to the zoning
change request and Mr. Persaud replied that there were none opposed.
Mayor Holmes asked if the zoning changes were adopted as a PD, would the property owner
have to come before to Council for any future changes. Mr. Persaud responded
affirmatively. Seeing no one who wished to speak any further, Mayor Holmes the closed the
public hearing.
B. CONSIDER AND ACT: On an Ordinance Granting a Change of Zoning from SF-2 to
Planned Development District, PD-35 and A~proving a Detailed Site Plan for a Tract of
0.929 Acres Situated on the Northwest Corner of Hunters Glen Road and Druid Lane
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Councilmember Grable made a motion to approve the Ordinance Granting a Change of
Zoning from SF-2 to Planned Development District, PD-35 and Approving a Detailed Site
Plan for a Tract of 0.929 Acres Situated on the Northwest Corner of Hunters Glen Road and
Druid Lane. Mayor Pro Tem Walker seconded, and the motion carried unanimously.
C. DISCUSS: Possible Ordinance Revisions Re ag rding Alley Right-of-Way Encroachments
At the September 2, 2008 City Council meeting, Council reviewed and discussed the
recommendations of the Public Works Advisory Committee (PWAC) regarding right-of-way
(ROW) encroachments and surface treatments. Staff incorporated the comments made
during that discussion into two alternate ordinance provisions. Both alternatives "B" and "C"
offer varying thresholds for removal of encroachments. These changes are designed to lessen
the burden on residents in the case of more significant encroachments. The alternatives
addressed masonry retaining walls and fences. Alternative "B" also provided relief to
residents on the relocation of trash containers. The City has recorded 973 ROW
encroachments since October 2007. 82 percent of those encroachments have been removed
or corrected as of 10/08/08. Trash can violations represent the largest portion of the total
encroachments at 52 percent with 75 percent of the trash can violations corrected.
Assistant Director of Public Works Jacob Speer came to the podium to answer questions
Council had regarding possible ordinance amendments. Mayor Holmes commended Mr.
Speer along with Community Development Director Robbie Corder and Public Works
Director Bud Smallwood for the work they put in on this during the last year. The Mayor
stated that he wanted to be sure to address this issue from a resident-friendly standpoint as
well as doing what is best for the City. Mayor Holmes asked the councilmembers for their
opinions on this issue.
Mayor Pro Tem Kelly Walker stated that she wanted to look towards alternative B as a
solution but take the ordinance back to staff and have staff make the ordinance more
simplistic and less fragmented for better enforcement.
Councilmember Bob Clark also stated that he was in favor of alternative B but had concerns
about the City being responsible for alleyway maintenance. Mr. Clark stated that he wanted
to go with alternative B except for the clause relating to the alley parkway maintenance. For
this topic he wanted to go with alternative C in which the adjacent property owner was
responsible for maintenance of the alley parkway. Mr. Clark stated that he felt this proposal
would make progress in clearing alleys yet remain citizen/resident friendly.
Public Warks Director Smallwood stated that regarding maintenance of the alley, PWAC's
intent was that the property owner be responsible for all alleyway maintenance,
from mowing the grass to fixing ruts. Councilmember Clark stated that clarification
was needed on "maintenance" of the alley. Mr. Smallwood stated that PWAC's intent was
for property owners to be responsible for alleyways just as property owners are responsible
for the front parkway (the area from the curb to the sidewalk). The intent of PWAC was for
property owners to maintain everything in the alley from the fence line to the alley parkway
including rutting and mowing.
Councilman Jerry Grable felt that the definition of alley parkway is a problem. Mr.
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Smallwood stated that currently, vehicles may drive over areas of the parkway causing ruts
~- and the City comes out and repairs this rutting. The intent of PWAC was for the homeowner
to take care of the ruts. Councilman Grable said that he did not feel it was reasonble to
require the property owner to be responsible for repairing ruts and all the councilmembers
concurred.
Councilmember Grable addressed the issue of tieing Subsection "C" trash can encroachment
enforcements to the issuance of building permits over $20,000. Mayor Holmes said that he
would live with the $20,000 building permit triggering the enforcement, but he was in favor
of changing that clause to read "upon issuance of any permit to construct, replace, repair or
alter any fence" and remove the $20,000 building permit clause. Mr. Smallwood asked for
clarification if this was a permit for a fence only or for any permit on the property and
Mayor Holmes said to tie to fencing permit only. Councilmember Grable asked if there was
any alternative like an appeal process for homeowners who wanted an exception to cutting
down trees or vegetation. Mr. Speer stated that all three alternative ordinance amendments
allowed for an appeal process.
Mr. Speer mentioned that a current requirement to obtain a fencing permit is that an inset
must be built into the fence for trash can placement. Missing from the original ordinance is
wording that states that trash cans must be placed in the inset. Councilmember Grable stated
that the ordinance should be amended to say that if a fence has an inset, it must be used for
trash can storage.
Councilmember Carter stated that he wanted the city to take care of any ruts in the alleyway
and that he wanted to get the trash cans out of the alleyway. Mayor Holmes directed staff
~ that Council would approve everything under B omitting the building permit in excess of
$20,000 being the trigger for enforcement. Mr. Speer stated that as long as the ordinance is
tieing things to dollar threshhold there will be administrative issues. He stated that the City
has gotten part of the way and to go any further these dollar threshholds must be removed.
The threshholds that are helping stagger this are also creating administrative problems.
Mayor Holmes said that there are still two dollar threshholds, one for fences and one for
masonry retaining walls. So he favors removing the $20,000 building permit threshhold for
the trash can issue and requiinge placement of the trash cans inside the inset. Mr. Speer
stated that he would work with the City Attorney on wording for this change.
Councilmember Clark stated that a fencing permit should not be granted where a rolling gate
covered the trashcan enclosure. Mr. Clark also asked that staff elaborate on alleyway
maintenance. He stated that the owner should be responsible for grass mowing and that the
city should be responsible for repairing ruts. Mr. Speer stated that the assumption seemed to
be that the cause of the rutting in the alleyways is always the trash trucks, but that is not
necessarily the case. The City has been repairing any ruts whether it was reponsible or not.
Mr. Speer stated that if there are ruts, do not assess blame, just have the City repair them.
Councilmember Clark agreed with this statement.
City Manager Bob Livingston asked Mr. Speer to recount what he understood the Council
wanted regarding the alley right-of-way encroachments so City staff can ask the City
Attorney to draft the amended ordinance. Mr. Speer stated that the Council wanted to go
with Alternative "B". Maintenance of alley parkways will remain as listed - City will
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be responsible for maintenance of the grade of the alley, but the homeowner will be
responsible for mowing and pulling weeds, etc. No changes to the issues of concrete and
other surface materials allowed in parkway. Manmade structures except licensed public
utilities are prohibited and that masonry/concrete retaining walls that are determined to
not be structurally necessary will be removed from the right-of-way upon issuance of a
building permit for work in excess of $100,000 or upon the City staff determination that the
wall represents a hazard to traffic using the alley. Subsection B: fences must be removed
from the right-of-way upon issuance of a building permit for work valued in excess of
$100,000 or upon issuance of a permit to construct, replace, repair or alter any fence or upon
the City staff determination that the fence represents a hazard to traffic using the alley.
Subsection C- trash cans and racks must be removed from the right-of-way upon issuance of
any permit to construct, repair, alter or replace any fence or upon City staff determination
that the trash receptacles represent a hazard to traffic utilizing the alleyway, whichever
comes first.
Mayor Holmes stated to Mr. Speer that the rest of the proposed ordinance revisions are as
stated under Alternative "B" and Mr. Speer concurred. The proposed wording regarding
trees, shrubs and other vegetation remains as listed, no changes to the wording regarding
City Use and Restoration of the Alley ROW, leave the appeal process as written and finally,
that the provisions of the proposed ordinance apply to all properties within the City of
University Park upon the passage of this ordinance.
Mr. Smallwood mentioned that any surface materials placed in the alley right-of-way by a
homeowner have to meet city specifications which have been drafted already. These
specifications include eight inches of large stone and 4 inches of small stone which won't
rut. If the City is going to be responsible for maintaining ruts in the right-of-way, these
specifications will help to minimize the risk of rutting.
Mayor Holmes thanked everyone for their input.
D. CONSIDER AND ACT: On Recommendations of the Public Facilities Namin~ Committee -
October 2008
In September 2006, the City of University Park City Council appointed a Public Facilities
Naming Committee to review nominees for the potential naming of public facilities and
properties within our community. Nominees for facility naming have traditionally
demonstrated an outstanding contribution through leadership and civic pride in support of
the overall quality of life within University Park. During the October 2008 meeting of the
Public Facilities Naming Committee, the Committee reviewed supporting documentation for
recent nominees. These nominations include the following individuals and locations: Mr.
William (Bill) Pardoe Park - Medians on University Drive between Preston and Park Street;
and Mr. Olin Lane - Street Naming - Street between Westminster and Milton along Central
Expressway.
Based on the nomination request and the numerous letters of support reviewed by the Public
Facilities Naming Committee, the Committee is requesting City Council consider the
approval, through resolution, the above mentioned individuals and locations for facility
naming.
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-- Mayor Pro Tem Walker made a motion to approve the Recommendations of the Public
Facilities Naming Committee - October 2008. Councilmember Carter seconded, and the
motion carried unanimously.
E. CONSIDER AND ACT: On A Resolution Accepting the Final Report and
Recommendations of the Snider Hillcrest Strategic Plan Committee
City Council approved the Snider-Hillcrest Strategic Plan on June 19, 2007. Council then
appointed the Snider-Hillcrest Strategic Plan Committee to provide recommendations
regarding development standards, parking, and financing mechanisms to implement the
vision and concepts as set forth in the strategic plan. The final recommendation of the
Committee was extended by about six months to receive a report and recommendations from
Parking Consultants, Carl Walker Inc., regarding the Snider Plaza Parking Supply/Demand
Analysis and Strategic Plan dated May 15, 2008. On August 26, 2008, Duncan Fulton, on
behalf of the Committee, presented the summary recommendations to Council and on
September 2, 2008, Council provided direction to staff to proceed to amend the Snider Plaza
Planned Development District.The final report and summary recommendation of the Snider
Hillcrest Strategic Plan Committee was presented to Council for consideration and
acceptance. Staff added two items to the recommendations relating to the financing of
additional parking resources and prohibiting drive through windows in Snider Plaza.
Community Development Manager Persaud asked if Council had any questions. He stated
that City staff recommended Council accept the recommendations made by the Snider Plaza-
Hillcrest Strategic Plan Committee. Mr. Persaud also reminded Council that this resolution
does not implement the recommendations, it merely accepts the recommendations.
Councilmember Grable made a motion to approve the Resolution Accepting the Final
Report and Recommendations of the Snider Plaza-Hillcrest Strategic Plan Committee.
Councilmember Clark seconded, and the motion carried unanimously.
Mayor Holmes asked to amend the motion approving the Snider P1aza~Hillcrest report to
include staff recommendations regarding additional parking for Snider Plaza and the
prohibition of drive-through windows and curb cuts.
Councilmember Grable made a motion to approve the Resolution Accepting the Final
Report and Recommendations of the Snider Hillcrest Strategic Plan Committee and City
Staff Recommendations regarding Additional Parking for Snider Plaza and the Prohibition
of Drive-through Windows and Curb Cuts in Snider Plaza. Councilmember Clark seconded,
and the motion carried unanimously.
F. DISCUSS: Building Height of the Primary Structure Within 40 feet of the Rear Propertv
Line in Sin~le Family Districts and Provide Direction to Staff
Council discussed a list of items relating to construction in the Single and Multi-Family
Districts on September 16, 2008. On the issue of building height for single-family
construction in the rear 40 feet, Council requested that this item be returned for further
discussion and direction to staff.
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Community Development Manager Harry Persaud showed a Power Point presentation to
Council stating that City staff is proposing amend the building height restrictions currently
in place. Currently, University Park allows a maximum vertical wall surface of 12 ft 6
inches within 40 feet of the rear property line unless it is part of a gable, with the maximum
building height at 35 feet. Staff proposed change the maximum building height of 25 ft. and
maximum plate line height of 12 ft 6 inches within 30 feet of the rear property line. These
proposed measurements are the same designated by the Town of Highland Park.
Mayor Holmes suggested accepting the maximum building height of 25 feet. City Manager
Livingston reminded Council that this proposal will go to the Planning and Zoning
Commission. Mayor Holmes moved approval of the proposed building height restrictions
within 40 feet of the rear property line and leaving plate line at 12 feet 6 inches.
Councilmember Clark seconded the Mayor's recommendation. This proposed change will
go first to ZOAC for their recommendations and then to P&Z before coming back to
Council.
Mayor Holmes made a motion to approve to direct staff to go to ZOAC and then to P& Z to
amend the present ordinance to restrict building height to 25 feet within 40 feet of the rear
property line leaving the plate line at 12 feet 6 inches . Councilmember Clark seconded, and
the motion carried unanimously.
G. CONSIDER AND ACT: On Hitzelberger and Coffee Park Desi~ns and Concepts
City Council requested a meeting with landscape architect Mike Kilpatrick of Naud Burnett
and Partners in an effort to provide direction regarding landscape modifications at
Hitzelberger Park.
City Manager Bob Livingston asked Director of Parks Bradley to recount his impressions of
what Council wanted him to do. Mr. Bradley stated that based on the pre-session discussion,
there will be modifications made to the eastern parcel of Hitzelberger Park. After hearing
landscape designer Mike Kilpatrick's suggestions, it was decided to enter into a contract
with Mr. Kilpatrick for $11,900.00 to get underway. Mr. Kilpatrick will deliver some
preliminary drawings and then staff will bring those back to Council.
Councilmember Clark made a motion to approve the contract with landscape architect Mike
Kilpatrick for redesign of Hitzelberger Park. Councilmember Grable seconded, and the
motion carried unanimously.
Staff also took direction from City Council regarding the recently approved construction
drawings involving the Coffee Park/Northwest Highway Screening Wall project.
Staff asked for direction from Council regarding downsizing the proposed playground at
Coffee Park and some of the playground equipment around the perimeter of the playground.
Staff will bid the playground at the full size and at the reduced size and bring both bids back
to Council for their evaluation. Staff believes that a significant amount of money can be
saved on this project by downsizing the playground area.
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The other item staff requested direction on was the meditation area in the northeast corner of
--- the park. Staff suggested to bid this out as an alternate plan so Council can decide once the
bids are received whether to eliminate it from the project.
Mr. Bradley asked Council to give City staff the authority to advertise the Coffee Park
Project to allow him to bring the bids back to Council by the first of the year.
Councilmember Clark made a motion to approve City staff to advertise for bids for the
Coffee Park Project . Councilmember Grable seconded, and the motion carried unanimously.
H. CONSIDER AND ACT: On Coffee Park Play~round Grant
On September 9, 2008, the University Park City Council approved construction drawings for
Coffee Park. A major portion of the cost of the park development is contained within the
purchase and installation of the Barrier Free Playground. The total cost of the playground is
approximate $350,000.00. To date, fund raising efforts have raised approximately
$15,000.00 to offset the total cost of the playground purchase.It has recently been brought to
staff's attention that grant funding for a portion of the playground is now available. The
grant program sponsored by the Gametime Company allows municipalities a 45% discount
on identified play equipment in its campaign to "Fight Obesity Through Play." Gametime is
also adding an additional reduction of 5% as part of the pre-pay program.
Staff requested City Council consideration to purchase the play equipment prior to the
November 7, 2008 grant deadline to save $61,955.50 in the cost of the playground
~" equipment. The purchase through Gametime will also reduce the typical 15% markup by the
project contractor.
Mr. Bradley noted that Gametime Company is listed on the "Buy Board" so this project will
not be sent out for bid. Staff has used Gametime for the majority of the park playground
equiment and has been very happy with their level of service and the quality of their
equipment.
Councilmember Carter made a motion to approve City staff to purchase the playground
eyuipment for the Coffee Park playground area prior to the November 7, 2008 grant deadline
to save $61,955.50 on the cost of the playground equipment . Mayor Pro Tem Walker
seconded, and the motion carried unanimously.
CONSIDER AND ACT: On a Resolution Authorizing CAPP to Negotiate a Contract for the
Ci ,ty's Electricity Needs
Finance Direct Kent Austin spoke to Council. He explained that this resolution was not the
long-term contract proposal, but supplemented that arrangement and could be approved
regardless of whether the City Council accepted the long-term contract proposal or not. Mr.
Austin stated that it would authorize CAPP to negotiate a contract for wholesale electric
power purchase for a five year period at rates between 8 to 8.5 cents per kilowatt. This
would be purchased through Florida Power and Light and Direct Energy. Staff
recommended approval of this resolution to authorize CAPP to negotiate an electricity
40~
contract.
Councilmember Clark made a motion to approve a Resolution Authorizing CAPP to
Negotiate a Contract for the City's Electricity Needs . Councilmember Grable seconded, and
the motion carried unanimously.
V. ITEMS FROM THE FLOOR
Hearing no one who wished to speak before Council, Mayor Holmes adjourned the meeting at 6:15
p.m.
Passed this 4th day of November, 2008
ATTEST:
randy oge, Secret