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HomeMy WebLinkAbout06-21-05467 MINUTES #2512 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JUNE 21, 2005, 5:00 P.M. The City Council gathered at 3:30 p.m. for a demonstration enabling them to acquire new computer skills. Mayor Holmes then opened an Executive Session at 4:00 p.m. for a consultation with the City Attorney under Section 551.071 of the Government Code in the Conference Room. 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. AWARDS & RECOGNITION CERTIFICATE OF APPRECIATION: Mayor Holmes presented Jo Ann Norton with a Certificate of Appreciation for her 17 years of service to the city. Mrs. Norton served on the Zoning Ordinance Advisory Committee from 1988-1992, the Urban Design and Development Advisory Committee from 1992-1994 and the Planning and Zoning Commission from 1994- 2005. ITEMS FROM THE FLOOR Mr. Kenneth D. Crozier, 4305 Greenbrier, explained his position on inspections conducted by the city on his garage. He feels the city has required too much of him in the matter of clearing magazines and books from his garage and that the Fire Marshal has come too frequently. As the issue is a concern to the city in regard to fire hazards, Mayor Holmes asked if he would grant the council permission to go into his garage at the city's expense with two independent investigators, one investigator of his choice and one investigator of the city's choice, from a state agency that deals with fire nuisances, to see if a fire hazard exists. Mr. Crozier stated he would consider the suggestion. Mayor Holmes asked that he notify City Manager Bob Livingston as soon as possible. Mayor Holmes also stated that the council has been more than lenient and has bent over backwards to work with Mr. Crozier. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER RESOLUTION AND LICENSE AGREEMENT FOR MAX-A-MILLION CARRIAGE RIDES: The horse-drawn carriage rides through University Park, which were offered in Snider Plaza last year, would be in operation during the Christmas holiday season or between Thanksgiving and Christmas 2005. This is a business venture and riders will be charged a fee. It recommended that Max-A-Million Carriages be allowed to set up two additional signs this year in Snider Plaza at the points where customers will board the carriages. These two signs are to be set up and taken down at the beginning and end of each day of operation. It is also 468 recommended that Max-A-Million be allowed to operate Wednesday through Sunday with three carriages. A license allowing this request sets forth certain conditions, i.e., a $500.00 fee with $300.00 to be refunded if all conditions are met; cleaning of storage spaces and other areas affected by the horses; a design or plan for the use of the parking spaces to be approved by the Chief of Police; an indemnity clause; and a one million dollar public liability insurance policy with a Certificate of Insurance. RESOLUTION NO. 05-11 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A REVOCABLE LICENSE AGREEMENT WITH DANA PENDERGRAPH, D/B/A MAX-A-MILLION CARRIAGE FOR THE USE OF CITY STREETS AND PROPERTY; AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE ABANDONING AND ACCEPTING SANITARY SEWER EASEMENTS AT 6810 TURTLE CREEK BOULEVARD: The owner of the property at 6810 Turtle Creek Boulevard is constructing a new home, and the city's sanitary sewer main along the rear of the property was in conflict with both the existing structure and the proposed new home. The sewer is abandoned, but the city retains an easement along the old alignment. The owner is requesting that the city abandon its property right to that easement for which he will convey a new easement along the new sewer alignment. ORDINANCE NO. 05/21 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A SANITARY SEWER EASEMENT AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO THE ABUTTING OWNERS, CHRIS J. CARRIE AND ELLEN Z. CARRIE, IN CONSIDERATION OF THE DEDICATION OF A SANITARY SEWER EASEMENT TO THE CITY; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF FINAL PAYMENT TO SYB CONSTRUCTION, PROJECT 42730: The final payment is for water and sanitary sewer improvements, as well as two Change Orders approved for water improvements and pavement reconstruction, along Lovers Lane in the amount of $96,335.06 for work performed and materials furnished for the construction. The project included the 2700-3500 blocks of Lovers Lane, 6900-7000 blocks of the Airline, and partial blocks from Lovers Lane north and south along Boedeker, Durham and Dublin. CONSIDER RESOLUTION AND RENEWAL OF COOPERATIVE AGREEMENT WITH DALLAS COUNTY FOR CDBG PROGRAM: Since 1987, the City of University Park and other area cities have approved cooperative agreements with Dallas County, allowing the county to apply for Community Development Block Grant (CDBG) and HOME Investment Partnership Program Funds from the federal government. Renewing the cooperative agreement does not require the city to apply for or take CDBG funding, but it does help the county in obtaining funds for other cities with legitimate needs. 469 RESOLUTION NO. 05-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY AND DALLAS COUNTY FOR THE COUNTY TO QUALIFY FOR THE URBAN COUNTY CDBG PROGRAM; STATING THE UNDERSTANDINGS AND AGREEMENTS OF THE PARTIES; AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL COOPERATION AGREEMENT WITH DALLAS COUNTY UNDER CHAPTER 791 OF THE TEXAS GOVERNMENT CODE; AND PROVIDING AN EFFECTIyE DATE. CONSIDER UPDATE FOR SECOND QUARTER STRATEGIC GOALS: Administrative Assistant Kate Smith gave a brief overview of the goal objectives along with the objectives completed, in progress, and those not started. Objectives completed include recognition of model citizens in the city and a program for sidewalk maintenance. Citizen of the Year will be announced at the July 5th city council meeting. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For June 7, 2005. MAIN AGENDA PUBLIC HEARING: The structure located 4364 Mockingbird Parkway constitutes a public nuisance as defined in Article 3.200 of the City of University Park Code of Ordinances. As a result of the structure being left open to the elements, the entire sub-floor, crawl space and foundation have been underwater, compromising the structural integrity of the residence. The property has been overgrown with weeds, and demolition debris has been stored outside in a makeshift trash container. The property owner was notified October 2004 regarding the structure's violations. He obtained a building permit on January 3, 2005 to remodel the existing structure; however, construction did not commence within the 60-day time period specified on the permit, so the permit became null and void. The property owner was again notified on May 9, 2005 that the property was in violation and that the structure must be demolished and removed within 30 days or the city would proceed with abatement of the property through a public heating. The property owner was notified through certified mail on June 2, 2005 of the city's intent to proceed with a public hearing. Mayor Holmes opened the public hearing. Mr. Larry Smith, engineer representing homeowner Bill Shadduck, spoke to the council stating the owner's intention was to update the house. Mayor Holmes asked for a completion date, and Mr. Smith gave a completion time of 90~120 days. Mr. and Mrs. Lee Pride, 4360 Mockingbird Parkway, requested a concrete timetable for completion of the property. Mayor Holmes stated a Certificate of Occupancy would have to be issued and Mr. Shadduck would have 120 days to complete the project or appear again before the city council. Director of Public Works Bud Smallwood stated that the site must be kept clean during this period. The Community Development Manager Harry Persaud will work with the neighbors to make a list of conditions and conduct an inspection every two weeks with a walk-through of the property. Mayor Holmes continued the public hearing to October 18th and requested Mr. Smith return at that time. CONSIDER CODE OF ORDINANCES AMENDMENT FOR POOL CONSTRUCTION REGULATIONS: Article 3.800 of the Code of Ordinances requires all pool construction to have a horizontal clearance of 10 feet from any overhead power lines. The industry standard for this requirement now accepts a horizontal clearance of only five feet from the pool. In addition, the five foot requirement meets all safety regulations for the National Electric Safety Code. In addition to the new horizontal clearance amendment, staff recommends a minimum height 47O requirement of 30 feet above the pool also be placed on new pool construction. Councilmember Shawver moved approval of the amendment. Councilmember Walker seconded, and the vote was unanimous to approve the proposed code amendments. ORDINANCE NO. 05/22 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 ARTICLE 3.800 (1) TO REGULATE OVERHEAD ELECTRIC POWER OR TELEPHONE UTILITY LINES NEAR SWIMMING POOLS 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. DISCUSS DEVELOPMENT OF TRAFFIC ENGINEERING STUDY AND POSSIBLE REDUCTION IN RESIDENTIAL SPEED LIMIT: Mr. Rick Barrett, 2817 Purdue, had requested a traffic study and reduction in speed limits in the city at a former city council meeting. Based upon traffic data accumulated over the past decade, the average speed on a typical residential street is approximately 27 MPH with the average 85tn percentile speed at 31-32 MPH. Reducing the speed limit would require the installation of signs throughout the residential neighborhoods. The cost of posting 500 +/- signs would be approximately $50,000, and the traffic study would cost $15-20,000 according to Traffic Consultant Dannie Cummings. A survey is being prepared for residents, and speed will be a question on the survey. Injury accidents on residential streets as a result of speed will also be considered. Mayor Pro Tem Roberts moved the issue be tabled until sometime this fall. Councilmember Shawver seconded, and the vote was unanimous to consider the reduction in the residential speed limit later this fall. CONSIDER BID AND AWARD OF CONTRACT FOR MODULAR NEWS RACKS FOR SNIDER PLAZA: Bids were solicited from vendors for the purchase of 54 individual boxes to be placed in seven locations throughout Snider Plaza. A lottery selection was conducted to determine how individual news racks would be allocated to publications. The bid for modular news racks was awarded to Rak Systems for $29,809 including sale and installation. News racks will be added as needed. Councilmember Walker moved approval of the bid and award for modular news racks for Snider Plaza. Councilmember Shawver seconded, and the vote was unanimous to award the contract for news racks to Rak Systems. CONSIDER FALL AND HOLIDAY BANNERS AND PARK INFORMATIONAL SIGN: Mari Madison of Design Strategies made a presentation of the banners and park sign, which were approved by council. Park Director Gerry Bradley will bring back cost estimates to the next meeting. CONSIDER RENEWAL OF ALL INSURANCE COVERAGE EXCEPT HEALTH INSURANCE: The city will save more than $112,000 over last year by signing with TML Intergovernmental Risk Pool. Councilmember Carter moved approval of the coverage. Councilmember Walker seconded, and the vote was unanimous to approve all insurance coverage except health insurance with TML Intergovernmental Risk Pool. 471 CONSIDER ORDINANCE FOR TWO 15-MINUTE PARKING SPACES AT 4518 LOVERS LANE: Owners of British Trading Company, Mail Express, and Lien's Alterations at 4518 Lovers Lane submitted a request for two 15-minute parking spaces on the north side of Lovers Lane. The spaces are currently subject to a two-hour time limit. The owner of the British Trading Company, Cindi Clark, collected signatures from a majority of property owners along the 4500 block indicating their approval of the proposed 15-minute parking spaces. Bentwood Design Studio retracted their signature from the letter sent by British Trading Company. Police Chief Gary Adams will meet with two business owners on Lovers Lane over the next few days to assist them in getting approval for 15-minute parking signs. Councilmember Shawver moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to allow two 15-minute parking spaces at 4518 Lovers Lane. ORDINANCE NO. 05/23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING TO FIFTEEN MINUTES IN FRONT OF THE BUILDING AT 4518 LOVERS LANE, SAID AREA BEING DEPICTED 1N 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 BID AND AWARD OF CONTRACT FOR SANITATION TRANSFER STATION IMPROVEMENTS: Numerous repairs and upgrades are needed on the transfer station located at 2525 University Blvd so that the facility will be maintained in a safe operating condition and to ensure future serviceability. Councilmember Shawver moved approval of the bid and award of contract. Councilmember Walker seconded, and the vote was unanimous to approve the contract with Cates, Courtney & Roebuck, L.P. for $288,695 for sanitation transfer station improvements. DISCUSS NAMING OF CENTRAL EXPRESSWAY LINEAR PARK: There are currently 11 of the city's 12 larger park sites named for individuals recognized for parkland donation or the contribution of significant service to the community. The remaining unnamed large park within the system is located along the eastern boundary of University Park, just west of the Central Expressway Wall, and is known as Central Linear Park. The park site, approximately 2.2 acres, meanders along the expressway corridor providing an aesthetic landscape buffer between homeowners and the expressway wall. Amenities in the park include two small playgrounds, walkways, botanical plantings and recreational open space. It is the opinion of council that the naming of the linear park site and adjacent street should be named after an individual(s) recognized by the city council as providing leadership and/or contributing to the overall welfare of the community. A committee will be appointed to name the park and the item will be on the August 2nd Agenda. DISCUSS BID ADVERTISEMENT FOR SALE OF PROPERTY AT 4419 WORCOLA: The sale or trade of the property will be contingent upon finding a buyer with property in the immediate area of the 4420 Worcola Peek Service Center, who would be willing to sell or trade for the city's property and develop the new site. The development of the new site would include satisfying City of Dallas zoning and building requirements, and providing sufficient parking and storage facilities to meet the City of University Park's operational needs. Councilmember Carter 472 moved the city allow the advertisement for bids at 4419 Worcola. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the bid advertisement. DISCUSS RECOMMENDATION FOR INTERNAL AUDIT FUNCTION: In it's FY2000 & FY2001 Management Letter comments, external auditor Deloitte & Touche included the consideration of the establishment of an internal audit function. In FY2002, the city created and filled the Controller position to strengthen internal controls and financial reporting ability. The FY2004 management letter did not contain an internal audit function recommendation, and the external auditors have observed that such a recommendation no longer has the relevance as when originally made. DISCUSS GOAR PARK IMPROVEMENT PLANS, INCLUDING FOUNTAIN, WALKWAY AND STREAM DESIGNS, AND DESIGN OF SCREENING FOR THE PROJECT: Plans are being finalized for the construction of the box culvert, including rough grading for the improvements in the park, west from the creek to the Gazebo. It will be accomplished during the initial phases of the box construction. Staff wished to have council's input regarding the alignment of the stream, which flows from the new fountain at the Gazebo to the seating area near the creek, as it will have an impact on the number of trees to be removed for the stream and seating area construction. The screening fence around the construction site will be installed shortly after the 4th of July festivities. It will provide a visual barrier to construction and increase safety for the site. Mr. Bill Pardoe, Chairman of the Parks Advisory Committee, and Mr. Karl Bieberstein of NJB Landscape Architects were present at Goar Park to discuss their recommendations. Park Director Gerry Bradley distributed maps showing the trees to be removed, those remaining, those that could remain and those to be transplanted. He had also arranged fence samples for viewing. Design approval of the construction fence around Goar Park will be on the July 5th agenda. There being no further business, the meeting was adjourned at the park. PASSED AND APPROVED this 5th day of July 2005. ATTEST: /N~lt~y ~// Jm)nes H. Holmes III,