Loading...
HomeMy WebLinkAbout05-03-05452 MINUTES #2509 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, MAY 3, 2005, 5:00 P.M. Mayor Blackie Holmes convened the City of University Park City Council into Executive Session at 4:08 p.m. to receive legal advice from the City Attorney under Section 551.071 of the Government Code. The Executive Session was adjourned at 4:29p.m. No action was voted on or taken during the meeting. Mayor Holmes opened the regular 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. INTRODUCTION: Mayor Holmes introduced Harry Persaud, new Community Development Manager. AWARDS & RECOGNITION CERTIFICATE OF APPRECIATION: The presentation of the certificate to Jo Ann Norton, upon her retirement from the Planning & Zoning Commission has been rescheduled to June 7, 2005 due to family illness. RETIREMENT: Chief of Police Gary Adams introduced Officer L.B. Harris and expressed appreciation for his 14 years of service to the City. Councilmember Walker presented Officer Harris with a plaque and a monetary gift from the City. NATIONAL POLICE OFFICERS WEEK: Chief of Police Gary Adams, Lt. Robert D. Brown and Sgt. Robert E. Flood, Chairman of the Awards Committee, presented the following awards: Life Saving Awards, Officers James L. Savage and Eric L. Walden; Certificates of Merit, Officer James L. Savage and Warrant Officer Timothy K. Spillman; Certificates of Commendation, Officers Curtis R. Ellenburg, Jr. and Kevin C. Clark, and Certificate of Civic Achievement, Administrative Assistant Donna Wilkerson. BOY SCOUTS OF AMERICA: Boy Scouts Will Cobb, Geoff Pingree and Joe Beeby introduced themselves, stating the badge upon which they were working. Councilmember Shawver moved acceptance of the Consent Agenda. Councilmember Walker seconded, and the vote was unanimous to approve the following: CONSENT AGENDA REVIEW CONTRACT RENEWAL WITH DOLFIN SWIM SCHOOL: For the past few years, the Dolfin Swim School has contracted with the city to utilize Curtis Park Swimming Pool from 6:00-8:00 a.m. from May 31-September 1. The cost of the contract has been $2,000 for the season. Staff has recently received an amended 2005 contract from Dolfin Swim School that indicates use of the pool May 31-August 1, 2005. The reason for reduction of the lease was a 453 drop in enrollment towards the end of July. As a result, Dolfin Swim School has requested a reduction in the lease agreement to $1,500 and use of the pool from four (4) months to three (3) months. As there has been some discussion about whether or not the Dolfin Swim School would abide by the amended contract or return to the original dates and cost since the item was placed on the agenda, Council approved the contract for May 31-September 1, 2005 for $2,000 for the season, dependent upon the preference of the lessee. CONSIDER RESOLUTION FOR MAX-A-MILLION CARRIAGE RIDES: This item was pulled from the agenda due to the fact that changes to the agreement and resolution were received too late to be considered. This item will appear on a future city council agenda. CONSIDER CONTRACT AMENDMENT FOR CARTEGRAPH MODIFICATION SERVICES AND LICENSES: Cartegraph is designed to route all requests for service to the appropriate division and provide that division the opportunity to create a work order. Staff has recently completed Phase I of the implementation. Phase II of the implementation includes tracking individual infrastructure assets, which will allow staff to track work completed on various infrastructure assets and determine the lifecycle costs associated with maintaining or replacing the asset. During Phase I of the implementation, staff identified certain areas of the software that needed modification. Cartegraph can develop special software modifications to address these needs; however, each modification is out of the original scope of the contract. Staff proposed amending the contract and including additional licenses for the software application. Staff is also working on the development of a 311 call system that would utilize Cartegraph across multiple departments. Therefore, additional licenses will need to be purchased to implement the 311 system. The proposal also includes a reduction in services from the original contract to be credited towards the amended contract. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For April 20, 2005. MAIN AGENDA CONSIDER ORDINANCE APPROVING PLANNED DEVELOPMENT (PD-20) FOR UNIVERSITY PARK UNITED METHODIST CHURCH: A public hearing to receive information regarding a request from the University Park United Methodist Church to expand their existing PD north across the alley to Colgate was conducted at the April 5, 2005 city council meeting. As presented, the proposed campus would convert ten (10) residential properties to church use for expansion of the existing building, construction of four (4) housing units, and a parking lot. Pursuant to Council direction, staff compiled a list of possible conditions, which are detailed in the ordinance. City Manager Bob Livingston read the conditions, including proposed changes. Technically, the public hearing was closed at the last meeting; however, Mayor Holmes made an exception to allow those present to speak. Those who spoke in opposition were Mr. Robert Carter and Ms. Kitty Ritchie Holleman. Mr. Charles Cooper spoke in favor. Mayor Holmes read the following statement expressing the concern of the city council in regard to the neighbors and city: We, as your city council, are not unmindful of the significant responsibility placed upon us to preserve the quality of life that we all enjoy in University Park and, in individual cases such as this, that we arrive at a just, fair and equitable decision for all concerned. Like every case where an attempt to reach a middle ground is pursued, interest on both sides of that middle ground will not be satisfied with the result. We 454 have spent many long and arduous hours reviewing all of the letters, e-mails, reports and studies in trying to achieve a favorable outcome as we view it for the city of University Park and the church. I,, personally, appreciate and applaud the interest and work of the neighbors in bringing to the attention of the council their detailed concerns and recommendations addressing the application submitted for this planned development. From the legal jurisprudence standpoint, I hope all of you appreciate the position that a city council, when acting as a governmental entity, is confronted with when passing on requests of this nature made by a religious institution. Such an entity clearly has rights protected by the first amendment of the U.S. Constitution, known as freedom of religion. The Texas Civil Practice and Remedies Code provides "that a city may not substantially burden the person's free exercise of religion unless the city demonstrates that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest." That language applies to any city ordinance, and the ordinance must have as its principal or primary effect, one that neither advances nor inhibits religion. The United States Supreme Court has ruled "that a statute must not foster an excessive governmental entanglement with religion. One of those entanglements is an attempt to regulate programs, whose very nature is apt to entangle the state in details of administration." However, a church or religious institution does not have the unfettered right to use its property as it sees fit. It has been held that conditions that are reasonably designed to counteract the deleterious effects on the public's welfare of a proposed religious or education use, should be upheM by the courts provided they do not, by their costs, magnitude or volume, operate indirectly to exclude such uses altogether. Such language recognizes a church's right to use its property. Beginning in the 1980 's, a number of state and federal courts moved from rather absolute positions, advocating that religious structures enjoy a constitutionally protected status which severely curtails the permissible extent of governmental regulation in the name of the police powers to a concept of balancing the competing interest of municipalities and religious institutions. That is what I think we have done through the language of this ordinance. Also, the ordinance recognizes that any activities held on the campus will be those of the University Park United Methodist church only. Other portions of the ordinance address the issues of safety and welfare of the neighborhood and traffic generated by the new facility. Mayor Pro Tem Roberts moved approval of the zoning for University Park United Methodist Church. Councilmember Shawver seconded, and the vote was unanimous to approve the zoning and consider the ordinance with modified conditions at the next city council meeting. CONSIDER ORDINANCE REGULATING NEWSPAPER RACKS IN SNIDER PLAZA: The city will purchase newspaper racks that hold multiple publications and install the units at fixed locations throughout Snider Plaza. The city will then lease individual boxes within the newspaper racks to publications to recover a portion of the costs. Publications will be required to obtain a permit and pay an annual fee of $48 per space. Installation of the newspaper racks on Snider Plaza will occur this summer. Mayor Pro Tern Roberts moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve regulating newspaper racks in Snider Plaza. ORDINANCE NO. 05/12 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES TO ADD A NEW ARTICLE 4.1200, "PLACEMENT OF 455 NEWS RACKS"; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PERMITTING PROCESS; PROVIDING MAINTENANCE STANDARDS; PROVIDING REGULATIONS FOR PLACEMENT OF NEWS RACKS IN THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR REMOVAL FOR NONCOMPLIANCE; PROVIDING FOR APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RESOLUTION TO ESTABLISH FEES FOR RENTAL OF CITY NEWS RACKS IN SNIDER PLAZA: Councilmember Shawver moved approval of the resolution to establish fees for the rental of city news racks in Snider Plaza. Councilmember Carter seconded, and the vote was unanimous to approve the rental fees. RESOLUTION NO. 05-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION 05-05, EXHIBIT "A", SECTION I "ADMINISTRATIVE SERVICES", BY ADDING "NEWS RACK RENTAL FEES" TO ESTABLISH FEES FOR THE RENTAL OF CITY NEWS RACKS IN SNIDER PLAZA AS AUTHORIZED BY ARTICLE 4.1200 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. CONSIDER USE OF COFFEE PARK FOR PEACE RALLY: Mr. David Phillips requested the use of Coffee Park on May 14, 2005, from 10:00 a.m. to 2:00 p.m. to hold a peace rally for the purpose of promoting world peace and feeding the hungry. He anticipates less than a dozen people will be participating and holding signs and banners at Northwest Highway and Hillcrest. There will be no bullhorns and no chanting. Mayor Pro Tem Roberts moved approval of this request providing Mr. Phillips agrees to pay any fees associated with the use of the park and the hiring of at least one (1) police officer to be on site during the rally. Mayor Holmes seconded, and the vote was unanimous to approve the request if the park fees are paid and a police officer is hired to be on site during the rally. PUBLIC HEARING FOR ORDINANCE TO REZONE 4032 MARQUETTE FROM D-2 TO SF-A: The zoning on the property at 4032 Marquette from Duplex-2 (D-2) to Single Family Attached (SF-A) was originally zoned D-2 as a buffer between Preston Road and the single family properties to the east. Most of the other D-2 properties abutting Preston have been previously rezoned to SF-A. Councilmember Shawver moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve rezoning 4032 Marquette from D-2 to SF-A. ORDINANCE NO. 05/13 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNWERSITY PARK, AS HERETOFORE AMENDED, BY CHANGING THE ZONING ON THE PROPERTY AT 4032 MARQUETTE FROM DUPLEX-2 (D-2) TO SINGLE FAMILY ATTACHED (SF-A), SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 47, 456 UNIVERSITY HEIGHTS NO. 5, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; 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 THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. REVIEW FY2004 FINANCIAL STATEMENTS AND MANAGEMENT LETTER COMMENTS (MLC): The FY2004 MLC from the city's extemal auditors, Deloitte & Touche L.L.P., was presented to council. The FY2004 published financial statements, known as the Comprehensive Annual Financial Report (CAFR), represent the second year of statements compliant with the Governmental Accounting Standards Board (GASB) Statement No. 34 standard. The City of University Park is required to comply with this Statement to remain consistent with Generally Accepted Accounting Principles (GAAP). GASB 34 requires the city to value, record, and depreciate its entire physical infrastructure, not just utility-type assets, as under the old standard; produce a city-wide income statement-style report, known as the Statement of Activities; and adopt a new format for the Balance Sheet, now known as the Statement of Net Assets. Fund- level statements are still required and are also presented. FY2004 MLC is even briefer than last year's letter and contains no comments regarding significant corrections or changes that must be made. The past three (3) years have been spent improving intemal processes and complying with the new accounting standard. Staff recommended council accept the FY2004 MLC and CAFR and refer them to the Finance Advisory Committee for further examination. Council agreed. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 18th day of May 2005.