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HomeMy WebLinkAbout08-02-05478 MINUTES #2515 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, AUGUST 2, 2005, 5:00 P.M. Mayor Holmes opened the meeting of the City Council. Present were Pro Tempore Jim Roberts, 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 PROCLAMATION: Mayor Holmes read a proclamation for Constitution Week September 17-23, 2005. DEPARTMENT PIN: City Manager Bob Livingston presented Utility Department Employee Antonio Reyes with his department pin and thanked him for 30 years of service to the city. RECOGNITION OF BOYS SCOUTS: Three Boy Scouts introduced themselves and the badges upon which they were working: Jim Bass, 6301 Westchester; Blake McCartin, 7318 Colgate; Trent Benefield, 12217 Quincy. ITEMS FROM THE FLOOR NATIONAL NIGHT OUT: City Manager Bob Livingston announced that National Night Out would start this evening at 6:00 p.m. in Curtis Park. Everyone was invited. 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 ADOPTING 2005 CERTIFIED TAX ROLL: The Dallas Central Appraisal District (DCAD) provides the city with the certified tax roll, which is a list of all property parcels in the city and their associated market and taxable values. The total taxable value then becomes the basis for the city to set its property tax rate for the upcoming budget year. This year's taxable value is $4,314.149, 841, a 9.84% increase from last year's value of $3,927,730,289. Total market value rose 9.99% to $5,666,452,010. Of the $514 million increase in market value, over $125 million is from new construction compared with $90 million from the year before. RESOLUTION NO. 05-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE 2005 APPRAISAL ROLL OF THE DALLAS CENTRAL APPRAISAL DISTRICT FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. CONSIDER CONTRACT FOR HEALTH SERVICES WITH DALLAS COUNTY DEPARMENT OF HEALTH AND HUMAN SERVICES: The city agrees to pay the county the sum of $48.00 for the fiscal year October 1, 2005 through September 30, 2006, which is the agreed upon city's share of 479 the total cost less federal and state funding. Health services include tuberculosis control, sexually transmitted disease control, communicable disease control, and laboratory services. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For July 19, 2005. MAIN AGENDA CONSIDER MOVING CITY COUNCIL MEETING DATE FROM AUGUST 16th TO AUGUST 23rd TO ACCOMMODATE TAX RATE HEARING: State Truth in Taxation law (Chapter 26 of the State Property Tax Code) requires that a public hearing be held at least seven days after public notice of a proposed effective tax increase greater than three percent. If the City Council receives the proposed FY2006 budget August 2na and votes to hold a hearing, this notice would appear in the August 11th edition of the Park Cities News, the city's official newspaper. The hearing may then be held no sooner than August 18th. By moving the August 16th city council meeting to August 23rd, the city can satisfy the hearing requirement and hold the meeting on a Tuesday, consistent with other council meetings. The city's practice has been to conduct a public hearing. This presents taxpayers an opportunity to comment or question the proposed rate. Councilmember Shawver moved approval of adding August 30th as a special meeting for a tax rate hearing. Councilmember Carter seconded, and the vote was unanimous to approve moving the city council meeting date from August 16th to August 23rd. CONSIDER APPROVAL OF RESOLUTION EXPRESSING THE INTENT TO ABIDE BY THE CONDITIONS AGREED UPON PREVIOUSLY REGARDING VOTING OF CITY USE OF CITY PARKS AND APPOINTMENT OF MEMBERS TO A COMMITTEE TO REVIEW THE CITY CHARTER: The city council discussed calling a city charter election to consider two issues that would require a vote by University Park residents before a park could be used for non-park city purposes. The ballot would read: Ballot Issue No. 1: The City Council shall submit to popular vote any ordinance or resolution approved by the City Council which, if implemented, would have the effect of permanently changing the surface use of more than 5,000 square feet of (i) any green belt, field, wood, creek, pond, lagoon, or other water course that is one acre or larger in area, that is owned by the city, and that is being used as a park, or (ii) Elena's Children's Park. Ballot Issue No. 2. If the area of any land owned by the city and being used as a park or of any city-owned green space located within or adjacent to any public street will be permanently reduced by a proposed, city-initiated public works project, the city shall give written notice of the proposed project (i) to the record owner of each lot any portion of which is located within 500 feet of the area where the reduction will occur (ii) prior to or concurrently with the advertisement by the city soliciting public bids for the proposed project. City officials also agreed during discussions with representatives of various neighbors that the council would agree to abide by the conditions of the proposed ballot issues until such time as an election could be held on these issues. The proposed resolution will state the intent of the city council to follow these conditions. Nominees for the Charter Review Committee were W. Richard Davis, Chair; Alan Wasserman, Walt Humann, Gage Prichard and Barbara Hitzelberger. City Attorney Rob Dillard, who served on the 1989 Charter Committee, will also serve in an advisory capacity to the Charter Review Committee. Mayor Pro Tem Roberts moved approval of the resolution and appointment of the Charter Review Committee. Councilmember Carter seconded, and the vote was unanimous to approve the resolution and committee. Ms. Mary Poss spoke on behalf of Lucy and Henry Billingsley thanking the council for listening to their concerns and working with 480 them and all the neighbors for an enhanced plan as well as improvements for Goar Park, passing the resolution and putting the charter on the calendar for May. Mr. Irwin Gordon, 3645 Haynie, spoke regarding his appreciation for the council's commitment to the city and the legacy they are leaving. Mayor Holmes expressed the council's appreciation for their support of a compromise. RESOLUTION NO. 05-14 A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS STATING ITS INTENT TO ABIDE BY THE FOLLOWING CONDTIONS UNTIL SUCH TIME AS AN ELECTION CAN BE HELD UPON THOSE CONDITIONS. CONSIDER CHANGE ORDER FOR TURTLE CREEK BOX CULVERT, PROJECT NO. 43710: Change Order No. 1 to the contract with Jeske Construction Company for the Turtle Creek Box Culvert for the City Hall Expansion is in the amount of $9,257.00. City Council requested staff to develop a contractor employee's background check and identification card policy for this project because of recent heightened security and safety issues associated with municipal projects. The proposed policy has been designed to assist the contractor in the provision of a safe work site for contractor/subcontractors' employees, University Park employees, and the surrounding community. Councilmember Shawver moved approval of Change Order No. 1. Councilmember Carter seconded, and the vote was unanimous to approve the change order for Project No. 43710. CONSIDER APPOINTMENT OF COMMITTEE TO NAME CENTRAL LINEAR PARK AND ADJACENT STREET: A suggestion was made to appoint a committee to name several parks and other facilities which, to date, have been unnamed. The following names were suggested to the council for possible appointment on the committee: Diane Galloway, Kirk Dooley, Irwin Gordon, Brad Bradley, Bill Pardoe and Trevor Rees-Jones. A letter will be sent to the nominees and a report brought before the council at the August 23rd meeting. Facilities which are unnamed include: the linear park along Central Expressway from south of Lovers Lane to University Boulevard, the linear park along Central Expressway from south of University Boulevard to SMU Boulevard, the street running along the Central Expressway wall from Westminster south, the street running along the Central Expressway wall from Fondren south, the park on the northeast comer of Lovers Lane and Hillcrest, the park on the northwest comer of Lovers Lane and Hillcrest, and the new fountain to be constructed east of the Goar Park Gazebo as part of the Goar Park improvements. CONSIDER ORDINANCE TO INCREASE FALSE ALARM FEES: Senate Bill 568 was passed by the 79th Texas Legislature and provides for an increase in the fines a city may impose for false alarms. The new legislation, which will go into effect September 1, 2005, allows a city to continue to fine the permit holder of an alarm $50.00 for three but fewer then six false alarms in a calendar year. In addition, the new legislation permits a city to fine the permit holder $75.00 for more than five but fewer then eight false alarms in a calendar year, and to fine a permit holder $100.00 for eight or more false alarms in a calendar year. In addition, a city may revoke or refuse to reissue an alarm permit for an alarm system that has had eight or more false alarms in a calendar year. Councilmember Shawver moved approval to amend the current ordinance to allow for the increase in fines collected for false alarms and to amend the city's fee schedule to increase false alarm fees. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the increase in the fines a city may impose for false alarms. 481 ORDINANCE NO. 05/27 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 CHAPTER 4, SECTION 4.504 (a) (4) PROVIDING PENALTIES FOR FALSE BURGLARY ALARMS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO CHANGE FALSE ALARM FEES TO THOSE ALLOWED BY STATE LAW: Mayor Pro Tem Roberts moved approval of the resolution to amend the Master Fee Schedule to change false alarm fees to those allowed by state law. Councilmember Carter seconded, and the vote was unanimous to amend the Master Fee Schedule. RESOLUTION NO. 05-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION 05-05, EXHIBIT "A", SECTION IV "PUBLIC SAFETY AND JUDICIAL" BY AMENDING SUBSECTION 8 TO READ "ALARM PERMIT/DIRECT ALARM MONITORING FEES/FALSE ALARM PENALTIES"; ESTABLISHING PENALTIES FOR THE SIGNALING OF FALSE BURGLARY ALARMS AS AUTHORIZED BY ARTICLE 4.500 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. REVIEW PRESENTATION OF FY06 BUDGET AND VOTE TO CONDUCT PUBLIC HEARING ON TAX RATE: Traditionally, council refers the proposed budget to the Employee Benefits, Finance, and Insurance Advisory Committees. Staff recommended scheduling a public hearing regarding the proposed FY2006 property tax rate at the city council meeting on August 23, 2005. REVIEW QUARTERLY FINANCIAL STATEMENTS: Council reviewed and accepted the financial reports and quarterly investment reports as of June 30, 2005. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 23rd dayof August /~ "-.,2005' ~a~les H- Holn~es I I, Y~)r /~n, ~eta~y