HomeMy WebLinkAboutMn. 2011.05.17
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MINUTES
AGENDA #2814
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
COUNCIL CHAMBER - CITY HALL
TUESDAY, MAY 17,2011,5:00 P.M.
3:00 - 3:36 P.M. EXECUTIVE SESSION THE COUNCIL CONVENED INTO EXECUTIVE
SESSION UNDER TGC 551.071 TO RECEIVE ADVICE FROM THE CITY ATTORNEY
REGARDING AN OFFER TO SETTLE IN THE CASE OF MOORE V. CITY OF DALLAS,
ET AL. NO ACTION WAS TAKEN. EXECUTIVE CONFERENCE ROOM, CITY HALL.
3:45 - 4:00 P.M. DISCUSS PRESTON CENTER CONSTRUCTION ACTIVITIES
AND ALLOWANCE OF THE PUBLIC WORKS DIRECTOR TO PROVIDE A WAIVER
FOR EXTENDED CONSTRUCTION HOURS. COUNCIL CONFERENCE ROOM,
SECOND FLOOR, CITY HALL
4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW. COUNCIL CONFERENCE
ROOM, SECOND FLOOR, CITY HALL
I. CALL TO ORDER
The Regular City Council Meeting was called into session at 5:00 p.m. in the Council
Chamber at City Hall. Present were Councilmember Stewart, Mayor Pro Tern Grable, Mayor
Davis, Councilmember Clark, and Councilmember Begert. Also in attendance were City
Manager Livingston, and City Attorney Dillard.
A. INVOCA TION: Director of Community Development Robbie Corder
B. PLEDGE OF ALLEGIANCE: Director of Community Development Robbie Corder /
Boy Scouts
C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D. INTRODUCTION OF STAFF: City Manager Bob Livingston
City Manager Livingston introduced staff in attendance as Information Services
Director Jim Criswell, Police Chief Gary Adams, Public Works Director Bud
Smallwood, City Secretary Liz Spector, Finance Director Kent Austin, Administrative
Assistant George Ertle, Community Development Director Robbie Corder, Human
Resources Director Luanne Hanford, Assistant Public Works Director Jacob Speer, Fire
Chief Randy Howell and Community Information Officer Steve Mace.
Mayor Davis asked the Boy Scout in attendance to come to the lectern. He introduced
himself as Casey Evans, from Troop 68. Casey stated he was working on his
Citizenship in the Community merit badge. Mayor Davis thanked him for attending the
meeting.
II. CONSENT AGENDA
A. CONSIDER AND ACT: on approval of an interlocal agreement with the City of Dallas
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for the temporary use of Dallas' transfer stations and landfill in the case of emergencies
This item approves an interlocal agreement with the City of Dallas which authorizes the
City of University Park to utilize the Dallas transfer stations and landfill as necessary at
the prevailing rates.
B. CONSIDER AND ACT: on approval of minutes of the May 3, 2011 City Council
Meeting
City Manager Livingston summarized the Consent Agenda items. He stated that any item may
be removed from the Consent Agenda for individual consideration if requested. There were no
requests to remove any of the items and Mayor Davis asked for a motion.
Councilmember Clark made a motion to approve the Consent Agenda. Councilmember
Stewart seconded, and the motion carried unanimously.
III. MAIN AGENDA
A. PRESENTATION: of Youth Advisory Council Report on 2010/2011 Activities
Community Information Officer Steve Mace addressed the council. He briefly
summarized the Youth Advisory Commission and its activities and asked the Chairman
of the group to provide specifics for the Council.
The outgoing chair, Highland Park High School senior Kelly Brooks came to the
lectern. Ms. Brooks detailed some of the past year's activities.
Ms. Brooks said she became a member of the commission as a freshman in its inaugural
year, 2008/09. She stated this year the group assisted in making repairs to an elderly
widow's home that had fallen into disrepair. She said several members of the
commission scraped and repainted the home's exterior. She also mentioned the Public
Service Announcement they filmed to promote the document shredding event held by
the city. Ms. Brooks said she and other Y AC members also participated in a library
focus group conducted by the designers of the city's new library. She said they were
asked to come up with ideas to help plan a teen-friendly public library. She also
mentioned the group's assistance with annual events such as the holiday tree lighting,
the fishing derby, eggstravaganza egg-stuffing, and the July 4 Fun Run.
Ms. Brooks said the group hoped to continue working on sustainability issues and other
code sweep assistance needs. She thanked the Council for encouraging the Youth
Advisory Commission's activities and said they would be happy to help with any other
duties thc Council may assign.
Mayor Davis thanked Ms. Brooks and all the members of the Youth Advisory
Commission for their service to the city.
B. CONSIDER AND ACT: on request from the Rotary Club of Park Cities for a static
display of an Army Apache Helicopter at Goar Park during the July 4 parade 1 picnic
No action was taken on this item and it will be continued to the next meeting.
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C. CONSIDER AND ACT: on a request to abandon the Hillcrest-Dickens alley right-of-
way between Daniel and Haynie
Mr. Art Anderson, representing the applicant, addressed the Council. He asked the
Council to arrive at a mutually agreeable plan for redevelopment that will reflect both
parties' interests.
Mayor Davis reminded Mr. Anderson that the issue on the table was to decide if city
staff should proceed with obtaining an appraisal of certain rights-of-way. He said the
decision on the abandonment would come at a later time.
Mayor Pro Tern Grable made a motion to authorize the public works director to obtain
an appraisal of the alley between the two Legacy Hillcrest properties betwccn Daniel
and Hillcrest with said appraisal to be paid for by Legacy Hillcrest. He withdrew his
motion before the vote because Mayor Davis stated that since the item was tabled at the
previous meeting, a motion should be made to put the item back on the table prior to
making a motion for the appraisal.
Mayor Pro Tern Grable made a motion to place consideration of the request back on the
table and to provide authorization for the public works director to obtain an appraisal of
the alley between the two Legacy Hillcrest properties between Daniel and Hillcrest with
said appraisal to be paid for by the applicant. Councilmember Stewart seconded, and the
motion carried unanimously.
D. DISCUSS: fence heights in rear yards
.,- City Manager Livingston summarized the item. He said that during the work session,
staff discussed how several owners of properties with significant grade changes
requiring retaining walls have applied for variances with the Board of Adjustment to
allow additional fence height. Staff said in most or all of these applications the
BOA did grant the extra fence height. Mr. Livingston said BOA members have
subsequently proposed modifications to the zoning code to address this issue which
would allow staff to make individual determinations.
Mr. Livingston said staff recommends the Council forward this request to the Zoning
Ordinance Advisory Committee and ask them to report their recommendations to the
Council.
Councilmember Clark made a motion to approve to refer the request for changes to the
section of the Zoning Ordinance addressing fence heights in rear yards to the Zoning
Ordinance Advisory Committee for further study. Councilmember Begert seconded, and
the motion carried unanimously.
E. DISCUSS: rental registration and inspection program for residential units
City Manager Livingston introduced the item. He said staff had been approached with a
request to institute a rental property registration and inspection program. He said if the
Council wished to institute such a rental registration program, they should refer the item
to ZOAC for their recommendation.
Councilmember Begert made a motion to not refer the request for a rental property
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registration and inspection program to ZOAC for further study. Mayor Pro Tern Grable
seconded, and the motion carried unanimously.
F. DISCUSS: drainage from residential building sites
City Manager Livingston stated that during the work session, staff discussed an issue
that has generated a number of complaints related to standing water in gutters or alleys.
He said staff recommended referring the issue to the Public Works Advisory Committee
to discuss potential remedies. Mr. Livingston said during the work session, Bud
Smallwood discussed how other municipalities deal with this runoff. He said Mr.
Smallwood advised referring the item to PW AC for their study and recommcndations to
the Council.
Councilmember Clark made a motion to refer the issue of drainage from residcntial
building sites to the Public Works Advisory Committee and, if staff sees fit, to the
Zoning Ordinance Advisory Committee for their review and recommendation. Mayor
Pro Tern Grable seconded, and the motion carried unanimously.
H. CONSIDER AND ACT: to provide direction to staff to regulate contractor working
hours for Plaza at Preston Center
City Manager Livingston discussed the item. He said the contractor for the renovations
at Preston Center Plaza requested the city allow construction activites to continue
through the overnight hours. The contractor stated this would benefit the city because it
would allow the hauling out of excavated rock, concrete, and dirt to proceed during off-
traffic hours at the center. He also said this would allow the first phase of construction
to be completed approximately two months sooner. The contractor stated they would
construct a 20-foot sound attenuation wall around the area to minimize noise. He said
they conducted sound studies at the site to determine how the sound wall would control
the excavation noise.
Director of Public Works Bud Smallwood stated while he did have authority to grant
waivers for construction hours, that authority was intended to be for occasional or
periodic work. He asked the Council to permit him to grant this waiver to the
construction company under a longer-term agreement.
Mayor Davis said the Council is disposed to give authorization for this permit with the
understanding that if problems associated with noise levels arise, the permission to work
overnights will be rescinded by the director of public works.
Mayor Pro Tern Grable made a motion to give the Director of Public Works
authorization to provide a waiver to allow overnight work for certain construction
activities at the Plaza at Preston Center. Councilmember Stewart seconded, and the
motion carried unanimously.
I. CONSIDER AND ACT: on approval of offer to settle in Moore v. City of Dallas, et al
City Manager Livingston said during the closed session the Council was informed of
their options regarding the city's involvement in the case of Moore v. City of Dallas, et
al. During the closed session, the Council gave the City Manager authority to move
forward with a settlement offer for the city's liability in the case. Mr. Livingston said
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the final offer will be presented to Council for their approval once the agreement has
been drafted.
Mayor Pro Tern Grable made a motion to approve an offer to settle in Moorc v. City of
Dallas, et al. Councilmember Begert seconded, and the motion carried unanimously.
1. CONSIDER AND ACT: on approval to cancel or reschedule specific City Council
Meetings during June, July and/or August 2011
City Manager Livingston said due to planned absences by Councilmembers, the July
5 and the August 2 Council meetings will be cancelled. He also said the Council agreed
to move the regularly scheduled August 16 meeting to August 23. Mr. Livingston said
the budget will be transmitted to the Council on August 2, however, this does not need
to occur during a Council meeting.
Mayor Davis said if a cancelled meeting date needs to be reinstated, the Council will be
able to reschedule it.
V. ITEMS FROM THE FLOOR
City Manager Livingston read through the rules that describe how the Council is allowed to
respond to comments from the floor. He reminded the audience that the Council could
not respond to questions on any issue not on the current agenda.
Resident Carolyn Loy addressed the Council. Mrs. Loy asked the Council to allow the
helicopter to be present at the July 4 parade.
Mayor Davis said the Council was informed this afternoon by a representative of the FAA that
it is unlikely the FAA will approve the helicopter to land due to clearance concerns.
Mrs. Loy also asked if the Arbor Newslwetter could be delivered sooner. Mr. Livingston
explained that water bills were sent out in two cycles. He stated that residents could also
rcgister on website to receive the newsletter electronically on the first of each month.
Community Information Officer Steve Mace mentioned the newsletter is posted on thc
website's homepage on the first of every month.
As there were no more requests to address the Council, Mayor Davis adjourned the meeting.
Considered and approved this 7th day of June, 2011.
U/~
W. Richard Davis, Mayor