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HomeMy WebLinkAboutMn. 2011.09.06 391 MINUTES AGENDA #2820 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER - CITY HALL TUESDAY, SEPTEMBER 6,2011,5:00 P.M. } :00 - 2:00 P.M. DISCUSS LIBRARY FUNDING OPTIONS WITH CLARKSON DAVIS AND FRIENDS OF THE LIBRARY. COUNCIL CONFERENCE ROOM, SECOND FLOOR, CITY HALL. Mayor Davis, Mayor Pro Tern Grable, Councilmember Begert and Councilmember Clark met with Friends of the Library Board President Susan Hall, Wyatt Davis of Clarkson Davis, and various City staff to discuss strategic planning for University Park Public Library related to future services and location. After some discussion, the Council agreed that the first step should be for the governance agreement to be finalized. City Manager Livingston said he would schedule a meeting of the governance group for early next week to finalize the agreement to be presented to the library board. Susan Hall stated that the newly elected board would be installed on September 20 and she would like the governance agreement to be completed before that time. Wyatt Davis suggested that the agreement be signed before approaching potential donors. Mr. Wyatt Davis said the next steps for the UPPL should be to finalize the strategic plan, tighten the financial numbers to more accurately reflect the City's contribution and, after October 4, begin contacting potential donors. Mr. Livingston said he would provide the financial data to Mr. Davis as soon as possible. Mayor Davis said he looked forward to working with everyone for a successful outcome for the library and thanked them for their hard work. 2:00 - 2:35 P.M. EXECUTIVE SESSION THE COUNCIL CONVENED INTO CLOSED EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 551.071 TO RECEIVE CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY REGARDING STAFF'S INTERPRETATION OF "ADJACENCY." PRESENT WERE MAYOR DAVIS, MA YOR PRO TEM GRABLE, COUNCILMEMBER BEGERT AND COUNCILMEMBER CLARK. COUNCILMEMBER STEWART WAS EXCUSED. NO ACTION WAS TAKEN. EXECUTIVE CONFERENCE ROOM, CITY HALL. 3:00 - 4:00 P.M. DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING DRAFTING OF AN ORDINANCE FOR LEGACY PD. COUNCIL CONFERENCE ROOM, SECOND FLOOR, CITY HALL. The Council met to discuss developments regarding the rezoning request made by Legacy Hillcrest, LLP for the Chase Bank property at Hillcrest, Daniel and Haynie. Chief Planning Official Harry Persaud distributed copies of the ordinance the Council planned to adopt in 2010 before the applicant withdrew their rezoning request along with the proposed ordinance for the current request. He compared the two ordinances for the Council. Mayor Davis said that the Council had planned to provide guidance to the requestor with conditions for the proposed PD prior to formal consideration of the ordinance. He said they were prepared to inform them today and Mayor Davis asked the councilmembers to voice their 392 opInIOns. Councilmember Begert stated that he was generally in favor of the rezoning request. He said the previous Council worked very hard to arrive at an ordinance they felt would retain the charactcr of the neighborhood yet also be agreeable for the builder. Councilmcmber Begert said the he thought the height of the building in the currently proposed ordinance was too tall, but overall, he said the parameters were acccptable. Councilmember Grable said he planned to vote against the proposed ordinance rezoning the Chase Bank site. Councilmember Clark said he intended to vote against the rezoning request as submitted. He said the project's scale was inconsistent with the look and feel of neighboring areas. Mayor Davis said that he will not vote in favor of the proposed ordinance and the rezoning request will fail. He asked if anyone had anything else to say regarding the application by Legacy Hillcrest. No one requested to speak so Mayor Davis asked to move on to the regular work session. 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 Mayor Pro Tern Grable, Mayor Davis, Councilmember Clark, and Councilmember Begert. Also in attendance were City Manager Livingston, and City Attorney Dillard. Councilmember Stewart was excused due to a family emergency. A. INVOCATION: Councilmember Robert Clark B. PLEDGE OF ALLEGIANCE: Councilmember Robert Clark C. INTRODUCTION OF COUNCIL: Mavor W. Richard Davis D. INTRODUCTION OF STAFF: City Manager Bob Livingston City Manager Livingston introduced staff in attendance as Community Information Officer Steve Mace, Director ofInformation Services Jim Criswell, Director of Public Works Bud Smallwood, City Secretary Liz Spector, Director of Finance Kent Austin, Administrative Intern George Ertle, Director of Human Resources Luanne Hanford, Director of Community Development Robbie Corder, Assistant Director of Public Works Jacob Speer, Fire Chief Randy Howell, Director of Parks Gerry Bradley, Police Captain Leon Holman, Police Dept. Administrative Assistant Dawn Kossmann, Detective Ken Ardanowski and Sgt. Travis Vavra. II. AWARDS AND RECOGNITION A. RECOGNITION: City of University Park Emplovee of the Month 393 Captain Leon Holman addressed the Council. He introduced Detective Robert Keenan as the City's employee of the month for the work he did to arrest an individual in a complicated identity theft case. Mayor Davis asked Detective Keenan to come to the lectern. He presented the detective with a certificate and a check as tokens of the City's appreciation. III. CONSENT AGENDA A. CONSIDER AND ACT: Consider an Ordinance amending the residential parking district surrounding Highland Park High School. The south side of the 4100 block of Glenwick has been added into the residential parking district by Highland Park High School. The frontage along Glenwick runs approximately 220 linear feet west from Preston Road. B. CONSIDER AND ACT: to review bids and award a contract for replacement of water, sanitary sewer and alley or street pavement at various locations. Bids for replacement of water, sanitary sewer and alley/street pavement repair in various areas of the City were received on August 30, 2011. The low bid for the project was submitted by CPS Civil in the amount of $2,546,226. The contractor meets all of the technical specifications for the project, and funds are available in the Capital Projects Fund. C. CONSIDER AND ACT: Memorandum of Understanding regarding inmate transfer between the City of University Park and Dallas County, Texas The Memorandum of Understanding between the City and Dallas County Sheriffs Department details the method of inmate transport from the UPPD holding facility to Dallas County facilities by the Sheriff s Department. The agreement is estimated to cost the City $200 per year and may be renewed annually. D. CONSIDER AND ACT: on minutes of the August 23,2011 City Council Meeting Mayor Davis asked if the Council wished to remove any item from the Consent Agenda for individual deliberation. There was no request to remove any item and Mayor Davis asked for a motion. Councilmember Clark made a motion to approve the Consent Agenda. Councilmember Begert seconded, and the motion carried unanimously. IV. MAIN AGENDA A. CONSIDER AND ACT: on an ordinance adopting the integrated Storm Water Management (iSWM) Manual developed by the Public Works Committee of the North Central Texas Council of Governments for site development, redevelopment, and construction. City Manager Livingston said the Integrated Storm Water Management Manual details 394 methods to safely manage water runoff from site developments, redevelopments and construction areas. He said the manual was developed by the Public Works Committee of the North Central Texas Council of Governments (NCTCOG) and is adopted by virtually every other city in the NCTCOG region. Councilmember Begert made a motion to approve an ordinance adopting the integrated Storm Water Management (iSWM) Manual developed by the Public Works Committee of the North Central Texas Council of Governments for site development, redevelopment, and construction. Mayor Pro Tern Grable seconded, and the motion carried unanimously. B. CONSIDER AND ACT: Ordinance Amending Section 28-105 of the Comprehensive Zoning Ordinance Regarding Fence Heights in the Rear Yard Director of Community Development Robbie Corder addressed the Council. He said his department had received many requests for variances to the allowed maximum fence height due to homes having significant slope in the rear yard. He said this change will allow a homeowner with such rear yard slope to construct a maximum two-foot retaining wall with an eight-foot maximum fence on top. Mr. Corder said this item was referred to ZOAC and P & Z previously by the Council and both bodies unanimously recommended City Council approval. Councilmember Clark made a motion to approve an ordinance amending Section 28- 105 of the Comprehensive Zoning Ordinance regarding fence heights in the rear yard. Mayor Pro Tern Grable seconded, and the motion carried unanimously. C. DISCUSS: Residential Construction Signs Director of Community Development Corder addressed the Council regarding residential construction signs. He said a member of the Zoning Ordinance Advisory Committee suggested that the City revisit adopted regulations regarding contractor signage on construction sites. Mr. Corder said if the Council was amenable to exploring this request, he recommended they refer it to UDADAC to clarify some aspects of the existing sign ordinance. Councilmember Clark made a motion to refer study of residential construction signage regulations to the Urban Design and Development Advisory Committee. Councilmember Begert seconded, and the motion carried unanimously. D. CONSIDER AND ACT: on approval of an Ordinance amending the FY20ll budget Director of Finance Kent Austin addressed the Council regarding an amendment to the current fiscal year budget. He said there were a few items that staff requested to includc in this year's budget. Mr. Austin said revenues will be increased by $95,658 and expenditues will be increased by $292,361. He said revenues include several grants received by the City from various organizations, including an $85,365 SECO grant to help fund air conditioning improvements at the Peek Center as well as a transfer of $1,500 from the Civic Foundation to fund surveying work for a gateway project at Central Expressway and Lovers Lane. Austin said the majority of the expenditures reflect City facilities maintenance projects and energy efficiency projects for the Peek Center. The SECO grant will offset a portion of the energy efficiency 395 project. Austin said expenditures for ambulance medical supplies are also included. Hc said the net effect to the budget is a fund balance reduction of $196,703. Mayor Davis asked if there were any questions for Mr. Austin. There were none and Mayor Davis asked for a motion. Mayor Pro Tern Grable made a motion to approve an ordinance amending the FY2011 budget. Councilmember Clark seconded, and the motion carried unanimously. E. PUBLIC HEARING: Proposed FY20l2 Budget - Final Presentation Director of Finance Kent Austin addressed the Council on the second and final scheduled public hearing on the proposed budget for Fiscal Year 2012. Mr. Austin said the proposed budget of $43.0 million is lower than the previous year's budget of $43.2 million. He said the tax rate is unchanged although the overall tax base declined 2% due to a reduction in appraised property tax values. Austin said the full-time employee count will decrease by two through attrition, there will be no market-based employee pay increase, and no changes in water, sewer or sanitation rates. Mayor Davis asked if anyone present wished to address the Council regarding the proposed budget. There were questions from the audience and Mayor Davis closed the public hearing. G. CONSIDER AND ACT: on approval of an Ordinance adopting the FY20l2 budget Councilmember Begert made a motion to approve the ordinance adopting the FY20l2 budget. Councilmember Clark seconded, and the motion carried unanimously. H. CONSIDER AND ACT: on approval of Ordinance levying 2011 property tax Director of Finance Kent Austin addressed the Council. He said this ordinance supports the budget and holds the property tax rate at $0.27845 per $100 valuation. Mayor Davis asked for a motion to levy the 20 II property tax. Councilmember Clark made a motion to approve the ordinance levying the 2011 property tax. Councilmember Begert seconded, and the motion carried unanimously. F. CONSIDER AND ACT: on Ordinance adopting FY20l2 pay plan City Manager Livingston stated the FY20 12 pay plan is unchanged from the FY20ll pay plan adopted the previous year. Mayor Davis asked if there was any discussion on this item and as there was none, he asked for a motion. Councilmember Clark made a motion to approve the ordinance adopting the FY2012 pay plan. Mayor Pro Tern Grable seconded, and the motion carried unanimously. I. CONSIDER AND ACT: on a Resolution amending City financial management policies section on fund balance Director of Finance Austin addressed the Council. He said this resolution amends the 396 section of the City's financial management policy addressing fund balance. Austin said GASB (Governmental Accounting Standards Board) requires cities to conform to Generally Accepted Accounting Principles (GAAP). He said GASB has taken actions to redefine definitions in the fund balance section of the governmental fund balance sheet. Austin said in addition to the definition changes to the fund balances, the resolution reconfirms the City Council's selection ofretaining an emergency fund in the amount of $2.5 million dollars. Austin said the emergency fund was originally designed to assist the City in paying down debt early, but as the City has no debt, the Council should be on record clarifying the intent for the emergency fund. Austin said the policy also will change the minimum fund balance level from 60 days of expenditures to 30 days of expenditures. He said this translates to a change from fund balances of $4.4 to $2.2 million. Mr. Austin said the Finance Advisory Committee recommends approval of this resolution. Mayor Davis asked if there were any questions regarding the financial management policies. There were none and Mayor Davis asked for a motion. Councilmember Begert made a motion to approve the resolution amending the Financial Management Policies for the City. Councilmember Clark seconded, and the motion carried unanimously. V. ITEMS FROM THE FLOOR Mayor Davis addressed the audience regarding the work session held at three o'clock that afternoon. He said the Council indicated during the work session they would most likely vote against the proposal by Legacy Hillcrest to redevelop the Chase Bank property when the item comes before them at the October 4, 2011 Council Meeting. He said the Council previously advised the applicant they would be given prior notice of how the Council would most likely vote on their proposal. Mayor Davis said that today, the Council advised representatives of Legacy Hillcrest there is clear indication that the Council will not approve their requested zoning change. Mayor Davis said that the developer has an opportunity to withdraw their application. He said if the developer does not withdraw the PD application before October 4, the Council will formally vote at that meeting to deny the rezoning request. Mayor Davis said concurrent with the PD application by Legacy Hillcrest, plans were submitted to construct a three-story parking structure on the same site. He said the Council awaits the final decision by staff on that application. Mayor Davis said the decision on the parking garage will not be made by the Council but by City staff. He said it appears that staff will generally approve the permit for the structure but if their decision is appealed, the Board of Adjustment will be the ruling authority. Mayor Davis said if the determination made by the Board of Adjustment is appealed, it will go to District Court in Dallas. There were no requests to address the Council further and Mayor Davis adjourned the meeting. [SIGNATURE PAGE TO FOLLOW] Considered and approved this 20th day of September 2011. tvJ /~~ ~~.,..... W. Richard Davis, Mayor 397