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
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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
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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.
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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
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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.
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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.
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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