HomeMy WebLinkAboutMn. 2011.10.04
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MINUTES
AGENDA #2822
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
COUNCIL CHAMBER - CITY HALL
TUESDAY, OCTOBER 4,2011,5:00 P.M.
3:00 - 3:47 P.M. EXECUTIVE SESSION THE COUNCIL CONVENED UNDER TEXAS
GOVERNMENT CODE 551.071 TO RECEIVE CONFIDENTIAL LEGAL ADVICE FROM
THE CITY ATTORNEY ON ZONING MATTERS AND TGC 551.072 FOR
DELIBERA TIONS REGARDING THE POSSIBLE ACQUISITION OF REAL PROPERTY
LOCATED AT 7305 TURTLE CREEK BLVD. NO ACTION WAS TAKEN. EXECUTIVE
CONFERENCE ROOM, 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
Chambcr at City Hall. Present were Councilmember Stewart, Mayor Pro Tcm Grable, Mayor
Davis, Councilmember Clark, and Councilmember Begert. Also in attendance were City
Manager Livingston, and City Attorney Dillard.
A. INVOCA TION: Mayor Pro Tempore Jerry Grable
B. PLEDGE OF ALLEGIANCE: Mayor Pro Tempore Jerry Grable
C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D. INTRODUCTION OF STAFF: City Manager Bob Livingston
Staff in attendance included: Director of Parks Gerry Bradley, Chief Planning Official
Harry Persaud, Administrative Intern George Ertle, Director of Community
Development Robbie Corder, Director of Human Resources Luanne Hanford, Assistant
Director of Public Works Jacob Speer, Fire Chief Randy Howell, Police Chief Gary
Adams, Director of Public Works Bud Smallwood, City Secretary Liz Spector, Director
of Finance Kent Austin, Director of Information Services Jim Criswell and Community
Information Officer Steve Mace.
II. AWARDS AND RECOGNITION
A. RECOGNITION: 2011 Achievement of Excellence in Procurement (AEP) Award
Director of Finance Kent Austin recognized the City's purchasing operation
for receiving their 11 th consecutive Achievement of Excellence in Procurement
award. He introduced Purchasing Agent Christine Green and Purchasing Assistant
Sandy Perkins. Mayor Davis presented them with the award and thanked them for their
continued efforts to provide quality purchasing for the city.
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III. CONSENT AGENDA
A. CONSIDER AND ACT: on an Interlocal Agreement for Health Services with Dallas
County Department of Health and Human Services (DCHHS) for FY2012
The City agrees to pay Dallas County Health and Human Services the sum of $48.00
for Fiscal Year 2012 services related to the control of tuberculosis, sexually transmitted
diseases, and communicable diseases as well as certain laboratory services.
B. CONSIDER AND ACT: on a contract for Food Establishment Inspections and
Environmental Health Services with Dallas County Health and Human Services
(DCHHS) for FY2012
The City agrees to contract with Dallas County to allow Dallas County Health and
Human Services to provide food establishment inspections and environmcntal health
services at the cost of $150 per year per facility. This amount provides the City with
two annual inspections of each facility.
C. CONSIDER AND ACT: on minutes of the September 20,2011 City Council Meeting
D. PROCLAMATION: in support of Arbor Day 2011
This proclamation establishes Friday, November 11,2011 as "Arbor Day" in the City of
University Park.
E. CONSIDER AND ACT: on an Interlocal Agreement with the North Central Texas
Council of Governments concerning the Regional Storm Water Management Program
This Interlocal Agreement with the North Central Texas Council of Governments
(NCTCOG) provides resources for staff and developer training, public education, and
guidance with TCEQ mandated annual reporting concerning compliance with the City's
Storm Water Management Program (SWMP). The FY2012 dues for the City's
participation in the program are $2,943.00.
F. CONSIDER AND ACT: on a license agreement with Circle G Carriages to operate
horse-drawn carriage rides during the holiday season
G. CONSIDER AND ACT: on the HGAC purchase of two Ford F-150 trucks for the
Community Development Department
H. CONSIDER AND ACT: on the cooperative purchase of a 2012 Ford F-550 crew cab
truck for the Parks Department
I. CONSIDER AND ACT: on the purchase of three 2012 Chevrolet Tahoe police vehicles
via the Tarrant County Cooperative Purchasing Program
J. CONSIDER AND ACT: on the BuyBoard Purchase of three 16-yard Rear Loaders for
the Sanitation Dept.
K. CONSIDER AND ACT: on the HGAC Purchase of Ford F-150 truck for
the Infrastructure Maintenance Division
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L. CONSIDER AND ACT: on the BuyBoard Purchase of 2012 Freightliner Brush Claw
Truck for Sanitation
Councilmembcr Begert made a motion to approve the Consent Agenda, excepting to require
Circle G Carriages to increase their insurance rider from $1 milllion to $5 million. Mayor Pro
Tcm Grable seconded, and the motion carried unanimously.
IV. MAIN AGENDA
A. CONSIDER AND ACT: on an ordinance approving Planned Development District PD-
37 and a conceptual site plan for a mixed-use development to include, but not limited to,
hotel, one single-family unit, offices, retail and below-grade parking
Mr. Art Anderson, representing Legacy Hillcrest Investments, LP, requested to address
the Council. Mr. Anderson said at the initial meeting on this application, the neighbors
complained about the number of times that they have come to these types of zoning
hcarings. Hc said Legacy representatives stated this will be their last attempt to rezone
the property and they will redevelop the property under existing zoning if this PD
application is denied by the Council.
Mr. Anderson stated that the rccommendation of P &Z provided less density than
Legacy Hillcrest wanted, but they agreed to accept those recommendations. He said
numerous conditions not required under existing zoning were imposcd and includcd in
the proposed PD ordinance. Mr. Anderson requested a change to the ordinance included
in the agenda packet. He said the square footage for a restaurant in a hotel is only to
count toward the total allowed square footage for the development if thc restaurant is
opcn to the public.
Mr. Anderson said that P & Z acknowledged that underground parking cannot
economically be built unless there is an increase to the currently allowed 108,000 square
fcct. Hc said there is no dispute that the development of the 0-2 tract at the 4: I FAR
cannot justify the underground parking costs.
Mr. Anderson said Legacy Hillcrest agrees with P & Z density recommendations on
traffic volume. He said city staff, the traffic consultant and P & Z agree there are no
traffic issues. He also reminded the Council that P & Z recommended that if any traffic
issues arise, Legacy Hillcrest will be required to correct any traffic issues directly
attributable to the project.
Mr. Anderson said Legacy Hillcrest has tried to create an acceptable development
proposal that will benefit all parties. He said they understand from an earlier Council
statement that the Council is going to deny the application today. He told the Council
that Legacy currently plans to develop under existing zoning which will includc a thirty-
five foot parking garage, which he said is the only economically feasible option to
rcdcvelop the site. Mr. Anderson said the city has made clear for the past ten years that
above-grade parking is allowed under existing zoning and Legacy Hillcrest has
proceeded in good faith under those assurances.
Finally, Mr. Anderson said Legacy Hillcrest has a pending application requesting the
city abandon the alley between the parking lot and the office buildling. He said the city
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has historically approved similar requests and Lcgacy Hillcrest requests the application
be considered at the earliest possible City Council meeting.
Mr. Anderson thanked the Council for allowing him to express his opinions.
Mayor Davis said there would be no further speakers on this issue and he asked for a
motion from the Council.
Mayor Pro Tem Grable made a motion to deny the application of Legacy Hillcrest
Investments, LP for Planned Development District PD-37. Councilmember Clark
seconded, and the motion carried.
The vote to deny the application was approved in a 3 - 2 vote with Mayor Davis, Mayor
Pro Tcmpore Grable and Councilmember Clark voting to deny and Councilmember
Begert and Councilmember Stewart voting against the denial of the application.
B. CONSIDER AND ACT: on resident request for reimbursement of expenses due to
sewer back-up
Ms. Cheryl Higley, 2927 Lovers Lane, addressed the Council regarding a backup of
sewage into her home which occurred on April 29, 2011. She said the night the backup
occurred she called the city and utility workers came out within the hour. She then
called a commercial plumbing company who stated the backup was on the city side.
She said that city records showed that the back up was not caused by the homeowner.
She said her insurance company, State Farm, would not cover the damage to her
home because the backup was on the city side.
Ms. Higley said after investigation by the City, workers said they found gravel in the
line. She said the City then televised the sewer line and found that a brick was stuck in
the line. She said the City was negligent in maintaining the sewer line and thinks the
manhole collapsed and was reconstructed. She asked to be reimbursed $3,952.21 for the
costs to clean and repair her home due to the sewer backup.
Mayor Davis stated that he and various staff members had met with Mr. and Mrs.
Higley along with their insurance adjuster. Mayor Davis said he consulted members of
the city's Property, Casualty and Liability Insurance Committee and they assured the
Mayor that this type of damage is covered according to the Texas Standard Policy
Insurance, Homeowner's Form B. Mayor Davis said this form states that covered
property dwellings are insured under an all-risk basis, with no exclusion for sewage
backup. He said the form states the contents are also covered.
Mayor Davis said after receiving information from Mr. and Mrs. Higley, he conferred
with the Council and asked the City Attorney for his advice on how to proceed. He
asked Mr. Dillard to address the issue.
City Attorney Dillard said Texas cities are immune from liability for damages due to
negligence of employees in the performance of governmental functions. Mr. Dillard
said he has no knowledge of whether there was negligence involved or how the incident
occurred. But, he said one of the specifically listed governmental functions for which
city's have immunity under state law is for water and sewer service. Mr. Dillard said
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unless that immunity has been waived by the state legislature, then the city is immune
from liability and does not serve as an insurer of its water and sewer lines. Mr. Dillard
said this is why the city's insurance carrier has denied the claim.
Mayor Davis reminded Ms. Higley that these laws apply to every municipality in the
state of Texas, not just the City of University Park. Ms. Higley asked for the City to
make an exception to the rule.
Councilmember Stewart asked the Council to not make any motion on this item to allow
morc time to study the request. Mayor Davis said he would ask staff to place this item
on an upcoming agenda for a final decision.
C. CONSIDER AND ACT: on request from SMU to temporarily close Hillcrest Ave. from
Daniel to Mockin~bird during their Homecoming Parade
Chief Gary Adams addressed the council regarding SMU's request to close Hillcrest
Avenue from University Blvd to Mockingbird to public traffic from 10 a.m. through 12
noon on Saturday, November 5, 2011 for their Centennial Homecoming Parade. Chief
Adams stated that the police department has no objections to the temporary closing and
will be able to provide sufficient manpower for rerouting of traffic during the parade.
Councilmember Clark made a motion to approve closing Hillcrest A venue on
November 5, 2011 from University to Mockingbird from 10 a.m. through noon.
Councilmember Stewart seconded, and thc motion carried unanimously.
D. CONSIDER AND ACT: to consider changes to November, December and Januarv City
Council Meeting schedule
City Manager Livingston addressed the Council. He requested the Council's
consideration of cancelling the January 3, 2012 Council Meeting due to the shortened
work week prior to the meeting as well as a lack of items scheduled for that agenda.
Councilmember Stewart made a motion to approve the cancellation of the January 3,
2012 Regular City Council Meeting. Councilmember Begert seconded, and the motion
carried unanimously.
v. ITEMS FROM THE FLOOR
There were no requests to address the Council and Mayor Davis adjourned the meeting.
Considered and approved this 18th day of October 2011.
V/-~d>~
W. Richard Davis, Mayor