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MINUTES
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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
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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
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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"
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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",./' /~ ~
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