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HomeMy WebLinkAbout06-07-05461 MINUTES #2511 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JUNE 7, 2005, 5:00 P.M. Mayor Holmes opened the regular meeting of the City Council at 5:00 p.m. in the Council Chambers. Present were Councilmembers Syd Carter, Kelly Walker and Harry Shawver. Mayor Pro Tempore Jim Roberts and City Secretary Nina Wilson was absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and Deputy City Secretary Kate Smith. 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 21, 2005. DEPARTMENT PINS: Maintenance Technician Omar Flores was presented his 20-year pin. Engineering Technician A1 Hagan was presented his 15-year pin. Chief of Police Gary Adams was presented his 5-year pin, for a total of 40 years of service to the City. BOY SCOUTS OF AMERICA: Boy Scout David Knapp introduced himself and stated the badge upon which he was working. PROCLAMATION: A proclamation was presented to Boy Scout Troop 70, "The Jamboree Troop," honoring them on their upcoming 75th anniversary, June 25, 2005. Troop 70 is the longest continuously chartered troop in the United States. Councilmember Shawver moved acceptance of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER SNIDER PLAZA SUMMER BANNERS: On May 18, 2005, City Council met with Mari Madison of Design Strategies to discuss the final design of the summer banner for Snider Plaza. At the meeting, City Council provided direction to the graphic artist based on the review of concepts provided. Staff requested City Council approval of the design for the Snider Plaza summer banners. CONSIDER ORDINANCE FOR TREES ON PUBLIC PROPERTY: At the May 18, 2005 City Council meeting, a representative of TXU Electric requested that the city add a provision to the Tree Ordinance recommending specific tree species be planted under power lines which would reduce the potential utility line problems in the future. Based on City Council's request, staff has added this item within Section F of the Tree Ordinance. Staff requested City Council approval of this final version of the Tree Ordinance to be incorporated into the City's Codes and Ordinances under Article 3.1906 Tree Ordinance. Staff also requested City Council approval for staff to proceed with application with the National Arbor Day Foundation for Tree City USA recognition. 462 ORDINANCE NO. 05/15 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADDING SECTION 13.1906 "TREE ORDINANCE" TO THE CODE OF ORDINANCES; PROVIDING FOR THE ESTABLISHMENT OF A TREE BOARD; PROHIBITING THE PLANTING OF TREES EXCEPT FROM THE TREE LIST; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND PROVIDING AN EFFECTIVE DATE. CONSIDER BID #05-11 FOR YARD WASTE BAGS: Duro Standard Products Company Inc. (Duro Bag) submitted a bid in the amount of $57,600.00 ($0.32 per bag). This is a $0.06 per bag increase over the last bid taken in October of 2003 ($0.26 per bag). The cost of these bags is recovered through sale to consumers ($4.00 for a bundle of five bags). CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For May 18, 2005. MAIN AGENDA DISCUSS RESOLUTION AND LICENSE AGREEMENT FOR MAX-A-MILLION CARRIAGE RIDES: Staff requested consideration of a resolution authorizing Max-A-Million horse-drawn carriage rides through University Park during the Christmas holiday season or between Thanksgiving and Christmas 2005. This is a business venture, and riders will be charged a fee. These are the same horse-drawn carriage rides offered in Snider Plaza last year. The Pendergraphs, owners of Max-A-Million Carriage Rides, also requested the following changes/additions to be made to last year's agreement via letter prior to the meeting: 1. Request Christmas lighting in the trees in the median of Snider Plaza at the city's expense; 2. Two additional signs to be placed near the center of Snider Plaza in the flowerbeds. Request these signs be left out at all times during the holiday season. The city approved two (2) signs last year that were placed on the north and south ends of Snider Plaza; 3. Extra carriages and extra operational days. Last year, there were two (2) carriages that offered rides on Thursday through Sunday. This year, the request has been made to offer rides seven (7) days a week with three (3) carriages operating on the weekends and during busy times of the week. Ms. Pendergraph was present at the meeting. Mayor Holmes told Ms. Pendergraph that they had discussed the matter in council pre-session and that they had decided to allow Ms. Pendergraph to operate 3 carriages Wednesday through Sunday, would not light the trees in Snider Plaza and would not allow her to place any additional signs on Snider Plaza. Ms. Pendergraph then addressed the Council and stated that the two additional signs she was requesting were not advertisements, but were signs to mark the departure points of the carriages. Ms. Pendergraph also submitted a petition signed in 2004 by 27 business owners on Snider Plaza. After further review, council decided to allow Ms. Pendergraph the two extra signs to mark the departure points of her carriages; however, the two departure signs must be taken down every evening after 463 business is over. The resolution and license agreement will appear on the June 21, 2005 city council meeting agenda. PUBLIC HEARNING FOR ORDINANCE CREATING A PLANNED DEVELOPMENT FOR THE IMPROVEMENTS TO CITY HALL: Mayor Holmes opened the public hearing for the ordinance creating a planned development for the improvements to City Hall. Public Works Director Bud Smallwood gave a short presentation. The proposed detailed site plan included the existing City Hall, the proposed expansion, and the employee parking lot at the northwest comer of Golf & Haynie. The detailed site plan as presented meets all of the requirements detailed in the Zoning Ordinance. The proposed development also represents what was shown to the residents in public and private presentations over the past year. There were no residents present to speak and Mayor Holmes closed the public hearing. Councilmember Shawver moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance creating the planned development for the improvements to City Hall including the amendment with respect to the building requirements that will be attached to the ordinance. Included in the amendment will be the requirement for the contractor to perform background checks on all of his employees and that each employee will be required to wear badges while on the worksite. ORDINANCE NO. 05/16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 21 FOR THE CITY OF UNIVERSITY PARK FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO IN THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 3800 UNIVERSITY BOULEVARD, UNIVERSITY PARK, TEXAS; APPROVING A DETAILED SITE PLAN ATTACHED AS EXHIBIT "B"; PROVIDING SPECIAL CONDITIONS; 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. CONSIDER BID AND AWARD OF CONTRACT FOR TURTLE CREEK BOX CULVERT FOR CITY HALL EXPANSION, PROJECT NO. 43710: Jeske Construction Company is the low bidder in the amount of $3,242,610.90. The project is a 240-working day contract and construction will start after the Fourth of July. Councilmember Walker moved approval of the contract with Jeske Construction for the Turtle Creek box culvert project in the amount of $3,242,610.90. Mayor Holmes seconded, and the vote was unanimous. DISCUSS FINANCIAL PLANS FOR CITY HALL, TURTLE CREEK BOX CULVERT AND GOAR PARK IMPROVEMENTS: The plan was first drafted in October 2003 and is designed to fund the project entirely without debt. Since that time, three additional projects related to City Hall renovation have been established - Creekwork (43710), Goar Park Improvements (43730), and EOC/Altemate Dispatch Center (42450) - and the scope of the project has increased. Accordingly, the cost of the project(s) has risen from an initial estimate of $11,306,500 to the 464 most recent estimate of $15,870,000. The City is able to fund this project without debt by using a combination of sources. CONSIDER ORDINANCE FOR FOUR 20-MINUTE PARKING SPACES IN FRONT OF 3419 WESTMINSTER: The owner of Park Cities Postal Center located at 3419 Westminster has submitted a request for four 20-minute parking spaces on the south side of Westminster. The spaces are currently subject to a two hours time limit. The owners, Martha and Allan Woodcock, have collected signatures from a majority of property owners along the 3400 block indicating their approval of the proposed 20-minute parking spaces. Councilmember Carter moved approval of the ordinance. Councilmember Shawver seconded, and the vote was unanimous to approve four 20-minute parking spaces in front of 3419 Westminster. ORDINANCE NO. 05/17 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING TO TWENTY MINUTES IN THE 3400 BLOCK OF WESTMINSTER, FROM THE ALLEY EAST TO SNIDER PLAZA, SAID AREA BEING DEPICTED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; 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. CONSIDER ORDINANCE FOR DEFECTIVE SIDEWALK CODE DEFINITION: The new sidewalk program allows property owners with defective sidewalk violations to apply for reimbursement after necessary repairs have been completed. Amending Chapter 3 of the Code of Ordinances would provide exact standards for determining when a defective sidewalk violation exists. Councilmember Walker moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance for defective sidewalk code definition. ORDINANCE NO. 05/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES TO ADD A NEW DEFINITION AND PROVIDE CRITERIA FOR REQUIREMENT TO REPLACE DEFECTIVE SIDEWALKS BY AMENDING SECTION 3.1401, "DEFINITIONS"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE AMENDMENT REGARDING DANGEROUS DOGS: Chapter 2, Article 2.600, Section 2.605, Subsection h of the Code of Ordinances, entitled Regulation of Dogs: Attack by dangerous dog should be revised to include attacks on other animals. Currently the ordinance addresses only a dog attacking a person. The changes would include the additional wording, "or animal." Councilmember Shawver moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to amend the city ordinance regarding dangerous dogs. 465 ORDINANCE NO. 05/19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 2.605 (h) TO REGULATE DANGEROUS DOGS IN THE CITY; 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 FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF PROPOSAL FOR ARCHTECTURAL SERVICES FOR HILLCREST/LOVERS LANE PARK AND RIGHT-OF-WAY LANDSCAPING IMPROVEMENTS: Based on the recent improvements to the Lover Lane and Hillcrest Avenue street corridor, staff had evaluated potential improvements to park property and city parkways located at this key intersection. Staff has received a proposal from the Landscape Architecture Firm of Dunkin, Sims and Stoffels to aid staff, the Park Advisory Board and City Council in defining concepts and cost estimates for this project. Park Director Gerry Bradley gave a short presentation on the proposed project. Councilmember Walker moved approval of the landscape design contract with the firm of Dunkin, Sims, Stoffels in the amount of $ 8,725.00. Councilmember Shawver seconded, and the vote was unanimous. CONSIDER ORDINANCE FOR BUDGET AMENDMENT TO FY2005 BUDGET: The amendment increases the General Fund expenditure budget of several departments for specific items. It also increases the General Fund revenue budget by $2,500, to accotmt for donations for banners in Snider Plaza. The Utility Fund expenditure budget would also be increased. Councilmember Carter moved approval of the ordinance. Councilmember Walker seconded and the vote was unanimous to approve the ordinance for the budget amendment to the FY2005 budget. ORDINANCE NO. 05/20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2004- 2005 FISCAL YEAR BUDGET, ORDINANCE NO. 04/26, TO APPROPRIATE $158,800 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $161,300 AND INCREASING REVENUES $2,500; AND TO APPROPRIATE $40,000 FROM THE UTILITY FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $40,000; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE FOR PORTABLE STORAGE DEVICES: Within the last year, portable storage devices have become increasingly popular amongst residents and contractors remodeling a house. The portable storage devices are typically placed on driveways or front yards from a flat bed truck. These storage devices are used for a variety of purposes. Section 8- 608 of the Zoning Ordinance enumerates accessory objects allowed in a front yard. Portable storage devices are not explicitly named as permitted objects; therefore, one interpretation of existing code could conclude the storage devices are already illegal in front yards. Under this interpretation, portable storage devices could be placed on private property behind front yard 466 setbacks. An amendment to the Zoning Ordinance would explicitly prohibit portable storage devices from being placed in a front yard. After review of the proposed ordinance, council offered direction. Council suggested that portable storage devices could be placed behind the front yard setback for a maximum period of one week for moving purposes only. They proposed a penalty for the homeowner if the storage device is not moved after they have been noticed by the City. Council referred the ordinance back to the Planning and Zoning committee for further review. There being no further business, the meeting was adjourned at 5:45 p.m. PASSED AND APPROVED this 21st day of June 2005. ATTEST: Kate Smith, Depri~y City Secretary