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HomeMy WebLinkAboutMn. 2011.12.20430 MINUTES AGENDA #2827 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER — CITY HALL TUESDAY, DECEMBER 20, 2011, 5:00 P.M. 2:55 - 3:21 P.M. THE COUNCIL CONVENED INTO CLOSED EXECUTIVE SESSION AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 TO CONSULT WITH THE CITY ATTORNEY REGARDING PENDING LITIGATION. CONSIDER LEGACY HILLCREST INVESTMENTS, LTD. V. THE BOARD OF ADJUSTMENT OF THE CITY OF UNIVERSITY PARK, TEXAS, AND, ANDREW CAMPBELL V. THE CITY OF UNIVERSITY PARK, TEXAS, ET AL. NO ACTION WAS TAKEN. EXECUTIVE CONFERENCE ROOM, 1ST FLOOR, CITY HALL. Mayor Davis, Mayor Pro Tempore Jerry Grable, Councilmembers Bob Begert, Bob Clark and Tommy Stewart, and City Attorney Rob Dillard were in attendance. 3:30 - 4:00 P.M. DIRECTOR OF PARKS GERRY BRADLEY WILL PROVIDE INFORMATION TO THE COUNCIL REGARDING POTENTIAL WILLIAMS PARK LANDSCAPE RENOVATION. COUNCIL CONFERENCE ROOM, 2ND FLOOR, CITY HALL. Mr. Bradley addressed the Council. He said $45,000 is budgeted in the current year Capital Improvement Plan for upgrades to landscaping in Williams Park and nearby areas. He said he proposes to remove several aging abelia bushes and replace them with Nellie R. Stevens hollies, supplemented with Knockout Roses, azaleas, and liriope. He also mentioned that the wall at Williams Parkway and McFarlin is crumbling in spots and needs repair. Mr. Bradley said he also plans to install a wood trellis next to the tennis courts to shield the transformer. Mayor Pro Tern Grable asked Mr. Bradley to ensure that area residents are apprised of his plans. Mr. Bradley said he will meet with those residents in January and inform them what the Council has authorized. Mayor Davis said the plans presented by Mr. Bradley will assuage area residents and benefit the City without being too costly. Mr. Bradley said he should be able to begin work on this project around March 1, 2012. 4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW COUNCIL CONFERENCE ROOM, 2ND FLOOR, CITY HALL L 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. INVOCATION: Director of Community Development Robbie Corder 431 B. PLEDGE OF ALLEGIANCE: Director of Communi , Development Robbie Corder C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D. INTRODUCTION OF STAFF: Ci , Manager Bob Livingston Staff in attendance included: Director of Finance Kent Austin, City Controller Tom Tvardzik, Director of Parks Gerry Bradley, Chief Planning Official Harry Persaud, Director of Community Development Robbie Corder, Administrative Intern George Ertle, 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 Information Services Jim Criswell, and Community Information Officer Steve Mace. II. AWARDS AND RECOGNITION A. RECOGNITION: Park Desijzn Excellence Award for Coffee Park Director of Parks Gerry Bradley addressed the Council. Mr. Bradley said the City recently received a regional award for Park Design Excellence for Coffee Park from the Texas Recreation and Parks Society (TRAP). He said the criteria for the award included originality, innovation, adaptability and positive community impact. Mr. Bradley asked Mr. Michael Massey, the acting president of TRAP and the Director of Parks and Recreation of the City of Richardson, to present the award to the Council. Mr. Massey addressed the Council. He said this award was given at the regional conference in Rockwall. He congratulated the City for the success of Coffee Park and presented Mayor Pro Tem Grable with the award. Mayor Pro Tern Jerry Grable accepted the award on behalf of the City. B. RECOGNITION: of Certificate of Achievement for Excellence in Financial Reporting, FY2010 Director of Finance Kent Austin addressed the Council regarding the City's Comprehensive Annual Financial Report (CAFR). Mr. Austin said external auditors perform an annual audit of the City's financial statements and supporting information. Once that audit is complete, Austin said the information is compiled into a spiral -bound document and submitted to the Governmental Finance Officers Association (GFOA) for their review. Austin said the GFOA reviews and evaluates the CAFR for its compliance with specific criteria including Generally Accepted Accounting Principles (GAAP), full- disclosure and excellence in reporting. Mr. Austin said this effort is led by the City's Controller, Tom Tvardzik who oversees the coordination of the audit process, preparation of the CAFR, and the submission to GFOA. Mr. Austin said for the 13th year in a row, GFOA has awarded its highest designation, the Certificate of Achievement for Excellence in Financial 432 Reporting, on the City's financial statements. Councilmember Clark presented the plaque to Controller Tom Tvardzik and thanked him for his diligent efforts to ensure that the City's financial statements meet the highest level of financial reporting. III. CONSENT AGENDA A. CONSIDER AND ACT: on approval of bids received for traffic signal improvements at the intersections of Hillcrest- Daniel and Lovers Lane - Baltimore This is an approval of a bid and authorization for the City Manager to enter into a contract with Republic Intelligent Transportation Services, Inc in the amount of $137.949.00 for reconfiguration of the traffic signal at the Hillcrest- Daniel intersection and for installation of a new traffic signal at the Lovers Lane - Baltimore intersection. B. CONSIDER AND ACT: on approval of minutes of the December 6, 2011 City Council meeting Councilmember Stewart made a motion to approve the Consent Agenda. Councilmember Clark seconded, and the motion carried unanimously. IV. MAIN AGENDA A. PUBLIC HEARING: on an ordinance granting change of zoning from University Campus Main District, UC -1 to Planned Development District "PD -40" and consideration of a detailed site plan to include a parking garage, residential student housing complex and a dining facility. The subject tract is approx. 7.59 acres and located west of and abutting Dublin and north of and abutting Airline, City of University Park, Dallas County, Texas. Chief Planning Official Harry Persaud addressed the Council. He displayed an aerial photo of the 7.59 acre tract for which SMU has requested rezoning. Mr. Persaud said property owners within 200 feet of the tract were notified. He said 16 responses were received out of the 22 mailed and all responses were in favor and also owned by SMU. Mr. Persaud summarized the detailed site plan for the Council. He stated that SMU proposed to construct five residential commons buildings housing 1,250 students, a 750 -car parking garage and a dining facility. Mr. Persaud also displayed the landscape plan, elevation drawings, and a photometric layout of the entire site. Mr. Persaud stressed that there was a typo on the site plan. He said the height of the cupola on top of the building will be 104 feet, not 140 as shown. Mr. Persaud said the proposed ordinance is included in the Council packet which summarizes the structures and features of the proposed Planned Development. He said P & Z held a public hearing on December 13, 2011 and recommended unanimous approval. 433 As no one present wished to speak to this issue, Mayor Davis closed the public hearing. B. CONSIDER AND ACT: on an ordinance rig change of zoning from University Campus Main District, UC -1 to Planned Development District "PD -40" and approving a detailed site plan to include a parking _garage, residential student housing complex and a dining facility. The subject tract is approx. 7.59 acres and located west of and abutting Dublin and north of and abutting Airline, City of University Park, Dallas Coun , , Texas. Councilmember Stewart asked Mr. Persaud to address why P & Z agreed that the 750 -space parking garage was sufficient for the 1,250 bed complex. Mr. Persaud said there is a prescribed methodology in the City's Zoning Ordinance for required campus parking calculations. He said this method does not require parking to meet the specifics of a particular campus development, but to meet campus requirements overall. Mr. Persaud explained that each year, SMU must perform a parking analysis and submit it to City staff showing the campus is in compliance with their overall parking requirements. Mr. Persaud said this proposed development provides enough parking to keep SMU 389 spaces over their required minimum number. Councilmember Clark asked whether the methodology should be reconsidered since SMU will now require not only the entire freshman class, but the entire sophomore class as well, to live on campus. Mr. Persaud said that next time the SMU parking analysis comes in, the metholodology will be reassessed. Mayor Davis asked if there were any more comments or questions. As there were none, he asked for a motion. Councilmember Clark made a motion to approve an ordinance granting change of zoning from University Campus Main District, UC -1 to Planned Development District "PD -40" and approving a detailed site plan to include a parking garage, residential student housing complex and a dining facility. The subject tract is approx. 7.59 acres and located west of and abutting Dublin and north of and abutting Airline, City of University Park, Dallas County, Texas, Councilmember Stewart seconded, and the motion carried unanimously. ORDINANCE NO. 11/32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT PLANNED DEVELOPMENT DISTRICT NO. 40 FOR THE PROPERTY DESCRIBED AS 7.5991 ACRES, MORE OR LESS, BEING PART OF LOT IA, BLOCK 4 OF EAST UNIVERSITY PLACE ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A "; APPROVING A DETAILED SITE PLAN ATTACHED AS EXHIBIT "B "; PROVIDING SPECIAL CONDITIONS AND DEVELOPMENT STANDARDS; 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 THOUSAND 434 DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C. CONSIDER AND ACT: on the purchase of individual and aggregate stop loss insurance for the City's self - insured health plan from CIGNA Director of Human Resources Luanne Hanford addressed the Council regarding the City's health plan. She said the plan is self - insured, funded with contributions from the General and Utility funds. Ms. Hanford said the City contracts with CIGNA as its third party administrator to process claims and administer the health plan. She said the City also purchases individual and aggregate stop loss insurance to protect against catastrophic claims. She said the City is responsible for the first $75,000 of each claim but individual claims in excess of that amount are covered by the individual stop loss insurance. If the total of all annual claims are in excess of $2.8 million, she said the aggregate stop loss pays the remainder. Ms. Hanford said in 2011, the City reduced its employer contribution from $917.25 per employee per month to $750, to reduce excess accumulation in the Self- Insurance Fund. She said even with this reduction, the health plan is still $150,000 ahead for the year. Ms. Hanford said the Employee Benefits Committee met on December 13, 2011, to review the quotes received for stop loss insurance. After their review, she said the committee recommended purchasing both individual and aggregate stop loss insurance from CIGNA. Ms. Hanford said the annual cost for individual stop loss coverage will be $346,347 and for aggregate stop loss coverage will be $17,136. Mayor Davis asked if the Council had any questions for Ms. Hanford. There were none, and he asked for a motion. Councilmember Stewart made a motion to approve the purchase of individual and aggregate stop loss insurance for the City's self - insured health plan from CIGNA. Councilmember Begert seconded, and the motion carried unanimously. D. CONSIDER AND ACT: on Advance Funding Agreement with TxDOT to allow voluntary City maintenance of certain Central Expressway overpasses Director of Parks Gerry Bradley addressed the Council about a proposed agreement for the City to take over maintenance of landscaping on five area overpasses. He said the overpasses include Southwestern Blvd., Lovers Lane, University Blvd., SMU Blvd. and Mockingbird Lane. Mr. Bradley said that contributions from SMU and the George W. Bush Foundation will cover expenses incurred for the SMU Blvd. and Mockingbird Lane overpasses. Mr. Bradley said to retain the character of University Park, staff proposed to TxDOT to maintain these overpasses. He said this will consist of watering, plant replacement after 5 months, insect and disease control, fertilization, trimming and litter control. Mr. Bradley said preliminary costs are estimated to be $57,060 annually for the five overpasses. He said the SMU and GWBPC contributions will reduce the City's costs to $30,000. He said he did anticipate this estimate will come in lower due to the bid process. 435 Mr. Bradley said if the Council agrees, the plant removal and installation by TxDOT will begin in January 2012. He said in April 2012, bids received for the maintenance will be presented to the Council for evaluation. Mr. Bradley said in August, the project warantee by TxDOT will expire and the project will be handed over to City for ongoing maintenance. Mayor Davis asked if the Council had any questions. There were none and he asked for a motion. Councilmember Begert made a motion to approve an Advance Funding Agreement with TxDOT to allow voluntary City maintenance of certain Central Expressway overpasses. Councilmember Clark seconded, and the motion carried unanimously. F. DISCUSS: a proposal to contract for various sanitation services not currently offered by the City's Sanitation Division Assistant Director of Public Works Jacob Speer addressed the Council. He said staff proposes to contract with private commercial sanitation vendors to provide services not currently provided by the City, such as stationary compactors. He said staff proposes the City charge a franchise fee for these expanded collection services payable by the vendor. Mr. Speer said these services would then be charged to the user through their city water bill. If the Council is agreeable, staff will prepare an RFP to obtain bids for these services and bring those bids back to the Council along with the necessary amendment to the Code of Ordinances and the Master Fee Resolution, Mayor Davis asked if there were any comments from the Council. There were none and Mayor Davis asked for a motion. Councilmember Clark made a motion to direct staff to proceed with an RFP for various commercial sanitation services. Mayor Pro Tern Grable seconded, and the motion carried unanimously. G. CONSIDER AND ACT: on appointment of special counsel to represent the City's interests in Legacy Hillcrest Investments, Ltd v. the Board of Adjustment of the City of University Park, Texas Mayor Davis said pursuant to Texas Government Code Section 551.071, the Council met in executive session to discuss issues surrounding lawsuits recently filed against the City. He said during this Executive Session, the Council discussed the appointment of a special counselor to represent the City in the Legacy Hillcrest Investment lawsuit. He asked for a motion from the Council related to this selection of counsel. Councilmember Begert made a motion to appoint a special counsel to represent the City's interests in the Legacy Hillcrest Investments, Ltd. v. the Board of Adjustment and give authority to the Mayor to make the necessary arrangements for the hiring of the special counsel. Councilmember Stewart seconded, and the motion carried unanimously. 436 V. ITEMS FROM THE FLOOR There were no requests to address the Council from the floor and Mayor Davis adjourned the meeting. Considered and approved this 17th day of January, 2012. W. Richard Davis, Mayor