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HomeMy WebLinkAbout04-05-05443 MINUTES #2507 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, APRIL 5, 2005, 5:00 P.M. Mayor Blackie Holmes convened the City of University Park City Council into Executive Session at 4:00 p.m. to receive legal advice from the City Attorney under Section 551.071 of the Government Code. The Executive Session was adjourned at 4:27p.m. No action was voted on or taken during the meeting. Mayor Holmes opened the meeting of the City Council at 5:00 p.m. in the Council Chambers. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter, Kelly Walker and Harry Shawver. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS & RECOGNITION DEPARTMENT PIN FOR DISPATCHER WILFORD DAVIS: City Manager Bob Livingston presented a 15-year pin to Dispatcher Davis of the Communications Department and thanked him for his years of service to the City. ITEMS FROM THE FLOOR Mr. Rick Barrett, 2817 Purdue, requested the Council conduct a speeding traffic study on residential streets and that the speed limit on these streets be reduced citywide. The Council will take the matter under consideration. Mayor Pro Tern Roberts moved acceptance of the Consent Agenda. Councilmember Shawver seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER WATERMARK CHURCH'S REQUEST TO USE CURTIS PARK FOR A CHURCH PICNIC: The picnic is scheduled for Sunday, May 15 from 9:00 a.m. until 2:00 p.m. Approximately 700 participants are expected. A list of conditions has been prepared by the Park Department, and they have been agreed to by the church. CONSIDER AN ORDINANCE FOR NO PARKING ON THE EAST SIDE OF KEY STREET: The ordinance is for the east side of Key Street from the point of its intersection with Shenandoah south to the point of its intersection with the alley south of Shenandoah. Parking will not be allowed along this portion of Key Street on school days between 8:00 a.m. and 5:00 p.m. ORDINANCE NO. 05/09 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF KEY STREET FROM THE POINT OF ITS INTERSECTION WITH SHENANDOAH SOUTH TO THE POINT OF ITS 444 INTERSECTION WITH THE ALLEY SOUTH OF SHENANDOAH BETWEEN THE HOURS OF 8:00 A. M. AND 5:00 P. M. ON SCHOOL DAYS; 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 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. APPROVE CONTRACT WITH MBIA MUNISERVICES COMPANY (MMC) TO PERFORM SALES TAX REVIEW: The City of University Park receives sales tax revenue from the State Comptroller each month, based on 1% of taxable sales that occur within University Park. Sales tax allocation problems can occur if merchants improperly identify themselves as belonging to a different jurisdiction. This is common in metropolitan areas, especially in this part of the Metroplex, where businesses in University Park may use "Dallas" instead of "University Park" in their mailing address. MMC and City staff have discussed an arrangement whereby MMC will perform a periodic, automated review of University Park addresses to the Comptroller records of UP sales taxpayers. MMC has agreed to act as the City's intermediary in making the necessary corrections and receiving retroactive sales tax. CONSIDER ORDINANCE TO AMEND THE CODE OF ORDINANCES TO ADOPT THE INCIDENT COMMAND SYSTEM FOR ALL EMERGENCY 1NCIDENT RESPONSE OPERATIONS: The Homeland Security Presidential Directive (HSPD)-5 requires all federal departments and agencies to adopt the Incident Command System/National Incident Management System (ICS/NIMS) and, as a condition for federal preparedness assistance beginning in Fiscal Year 2005, state and local government organizations are mandated by HSPD-5 to adopt ICS/NIMS as the model for incident management in times of disaster. The ICS/NIMS will provide a consistent nationwide template for all agencies to work together to prevent, prepare for, respond to, and recover from all hazards. By adopting the ICS/NIMS, the City Ordinance will direct all department directors and supervisors to train, exercise, and use the ICS/NIMS in all response operations. The adoption of the ICS/NIMS will be accomplished by amending Ordinance 1.806 as the operational model to manage disasters in the City of University Park. AMEND SECTION 1.805 (1) (G) TO READ FIRE CHIEF INSTEAD OF POLICE AND FIRE CHIEF: Code of Ordinance Section 1.805 (1) (G) is to be amended changing the responsibility from the position of chief of police and fire, which no longer exists, to fire chief. Section t.805 (1) (G), was amended to read as follows: (G) Appointing the emergency preparedness coordinator, who shall be the fire chief unless otherwise designated. ORDINANCE NO. 05/10 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 1, "GENERAL PROVISIONS" SECTION 1.805 "EMERGENCY FUNCTIONS AND RESPONSIBILITIES" TO PROVIDE FOR APPOINTMENT OF AN EMERGENCY PREPAREDNESS COORDINATOR AND SECTION 1.806 "OPERATIONAL EMERGENCY MANAGEMENT ORGANIZATION" TO ADOPT THE INCIDENT COMMAND SYSTEM OF HOMELAND SECURITY PRESIDENTIAL DIRECTIVE 5 (HPSD-5); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ABANDONMENT OF EXCESS STREET RIGHT-OF-WAY ADJACENT TO 4400 POTOMAC: The owner of the property at 4400 Potomac, R. Scot Smith, has requested Council consideration to abandon an 8-foot strip of parkway, which is excess street fight-of-way, along his Armstrong property line. Staff will request that an independent professional appraiser determine a Fair Market Value of the property and that an enabling abandonment ordinance be developed for future Council consideration. CONSIDER BID #05-10 FOR STREET LIGHT STANDARDS WITH ILLUMINATED STREET SIGNS: Dal-Lite submitted a bid of $2,455 per unit ($1,175 for the standard, $1,280 for two illuminated signs on the standard). The bid total for the 32 units requested is $78,560.00. These light standards/street signs will be installed on the newly reconstructed portion of Lovers Lane. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For March 16, 2005. MAIN AGENDA PUBLIC HEARING FOR APPROVAL OF PLANNED DEVELOPMENT (PD-20) FOR UNIVERSITY PARK UNITED METHODIST CHURCH (UPUMC): The University Park Methodist Church submitted a rezoning request for properties on the south side of the 4000 block of Colgate from SF-2 to the existing PD-20 to allow for a church expansion containing classrooms, offices, a multi-purpose gym, new parsonages, and on- site parking. The Planning & Zoning Commission approved by a margin of four (4) to one (1) the rezoning request and conceptual site plan on January 17, 2005. Residents living near the church expressed concern that traffic congestion would worsen as a result of the expansion. In response to this concern, UPUMC hired a traffic consultant to study the proposed expansion's impact on parking and traffic flow throughout the area. The consultant, DeShazo, Tang, and Associates, concluded that the expansion would not negatively affect parking and traffic throughout the area. Staff has reviewed the traffic study and concurs with its conclusions. Staff has also been in contact with UPUMC regarding the abandonment of the alley right-of-way north of the church for the expansion. The conceptual design submitted by UPUMC would require the church to purchase the alley right-of-way along the entire block of Colgate. Mayor Holmes opened a public hearing and announced that each side, those in favor of and those opposed, would be given 10 minutes for a main speaker and two (2) minutes for seven (7) other speakers. After the presentation, the Council would be allowed to ask questions of both sides. Those in favor of the church expansion spoke first. Mr. William E. Strother, 4201 Stanhope, as Chairman of the Master Plan Committee for the church, was the main speaker. Mr. Bob Shaw, architect with F&S Partners, who lives at 3700 Lovers Lane, then made a power point presentation, showing the expansion plans. Mr. John DeShazo of DeShazo, Tang & Associates, spoke on the subject of traffic around the church after the expansion. Mike MaBerry, 4012 Centenary, Former Mayor Barbara Hitzelberger, 3921 Caruth, Charles Cooper, 4024 Centenary and John 446 Leaman, 4017 Greenbrier spoke in favor. Miss Amy Cooper, 4024 Centenary, and Miss Jessie Anderson, 4017 Centenary, representing the UPUMC Youth Group spoke in favor and, finally, Sr. Minister Thomas Q. Robbins, 3020 Southwestern spoke. Mayor Holmes then opened the floor to the opposition. Ms. Sugie Dotson-Cline, 4012 Colgate, spoke against the expansion of the church, as did Ms. Kitty Ritchie Holleman, 3939 Marquette, Lloyd Wolf, 3613 Marquette and Jeff Wetter, 4000 Marquette. Director of Public Works Bud Smallwood made a power point presentation showing a colored map listing those residents from Lovers Lane to Northwest Highway and the Tollway to Hillcrest. Those in favor of the church expansion numbered 252 and those opposed numbered 89 in that area. In total, the correspondence received by the City numbered 738 in favor and 101 opposed. The City Attorney then explained that the First Amendment of the Constitution and Federal laws protect churches. The Mayor also read the restrictions that had been placed on Park Cities Baptist Church for their expansion. The Mayor indicated that if the planned development for UPUMC is approved, the Council would consider these and other conditions to protect the neighborhood and minimize impact during construction. As there were no other speakers, Mayor Holmes closed the public hearing. The Council will discuss an ordinance approving a planned development for the church on May 3, 2005. PUBLIC HEARING TO CONSIDER CITY'S DROUGHT CONTINGENCY PLAN: Mayor Holmes opened the public hearing. Assistant to the Director of Public Works Robbie Corder gave a power point presentation. On January 4, 2005 Council approved a Letter of Agreement between the Town of Highland Park and the Dallas County Park Cities Municipal Utility District for the development of a Drought Contingency Plan and Water Conservation Plan. All approved Drought Contingency and Water Conservation Plans must be submitted to the Texas Commission on Environmental Quality by May 1, 2005. The revised Drought Contingency Plan incorporates many of the same practices and procedures currently in place under the existing plan. However, one significant change in the revised plan is the incorporation of water reduction goals during drought conditions. Larry McDaniel, Executive Director of Park Cities Municipal Utilities District was in attendance. Mayor Holmes then closed the public hearing. CONSIDER ORDINANCE FOR CONSTRUCTION SITE REQUIREMENTS: Under the existing Code of Ordinances, the City does not require building contractors to clear building sites and/or streets and alleys of nails and sharp metal objects. By amending Chapter 3 of the Code of Ordinances, "Building and Construction," all building contractors will be required to clear the building site and all street and/or alleys adjacent to building sites of all nails and metal objects. Councilmember Shawver moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to approve amending Chapter 3 of the Code of Ordinances, Building and Construction, to require building contractors to clear building sites and/or streets and alleys of nails and sharp metal objects. ORDINANCE NO. 05/11 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, "BUILDING & CONSTRUCTION" 447 SECTION 3.105 "AMENDMENTS TO THE ONE- AND TWO-FAMILY DWELLING CODE", SUBSECTION (12) R115 BUILDING SITE REQUIREMENTS TO REQUIRE BUILDERS TO CLEAR ALL BUILDING SITES AND STREETS AND ALLEYS ADJACENT TO BUILDING SITES OF NAILS AND METAL OBJECTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER WILLIAMS PARK PLAYGROUND DESIGN: Williams Park is the last playground site to be updated as a part of the City's playground replacement program. The new playground design will provide activities primarily for toddlers through 6 years of age, but children up to 12 years old can utilize the equipment. The design layout of the playground has also incorporated all recommendations regarding the American Disability Act (ADA) and industry standards provided by the Consumer Product Safety Council (CPSC). The cost for the Williams Park playground upgrade is estimated at $42,129.83, and the replacement will be completed in approximately three (3) to four (4) months. Mayor Pro Tem Roberts moved approval of the concept design of Williams Park Playground. Councilmember Walker seconded, and the vote was unanimous to give staff the authority to purchase the playground components and installation portion of the project as listed on the cooperative purchasing agreement listed on the Buy Board. CONSIDER HIRING GRAPHIC ARTIST FOR BANNER DESIGN AND PARK INFORMATION SIGNS: A graphic artist has been considered to develop professional artwork and designs and develop an estimate to aid staff in developing concepts. Mari L. Madison of Design Strategies, Dallas, Texas, has provided staff with a detailed estimate of design services to support graphic services for the city's seasonal banner program and design services for park informational signs. Payment for the services is $4,775.00. Councilmember Walker moved approval of the contract. Councilmember Shawver seconded, and the vote was unanimous to approve the contract hiring Mari L. Madison of Design Strategies for graphic artist services. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 20th day of April 200~~ f",./' /~ ~ ~' i~~Ci~ary J