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HomeMy WebLinkAbout09-06-05488 MINUTES #2518 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, SEPTEMBER 6, 2005, 5:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter, Kelly Walker and Harry Shawver. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. PRE-MEETING Mayor Holmes announced that the council had decided that, since the City of University Park did not have the facilities available to provide relief to the evacuees of Hurricane Katrina in New Orleans, the city would make available $100,000 for assistance. Administrative Assistant Kate Smith introduced Mr. Michael Egan of Dallas Marketing Group, who reviewed the citizen survey with the council. The surveys can be filled out either on paper or online. The city will receive a full report with an analysis of the questions and a statistical analysis containing citizens' satisfaction with city services. The surveys will be mailed October 1st in the water bills. AWARDS AND RECOGNITION RETIREMENT PLAQUE FOR PAT ROBERTS, PAYROLL SPECIALIST, FINANCE DEPARTMENT: Pat Roberts was unable to attend. This item was rescheduled to September 20, 2005. DEPARTMENT PIN FOR POLICE OFFICER JIM SAVAGE: City Manager Bob Livingston presented Police Officer Jim Savage with a 15-year pin and thanked him for his service to the city. PRESENTATION OF INCENTIVE CHECK TO REBCON, INC.: Mayor Holmes presented a $30,000 incentive check for early completion on the Lovers Lane Project. RECOGNITION OF BOYS SCOUTS: Three boy scouts introduced themselves and announced the badges upon which they were working. Mayor Pro Tempore Roberts moved acceptance of the Consent Agenda. Councilmember Walker seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER INCENTIVE PAYMENT FOR EARLY COMPLETION OF STORM SEWER IMPROVEMENTS AND PAVEMENT RECONSTRUCTION ALONG LOVERS LANE FROM THACKERY TO DICKENS, PROJECT 42730: The $30,000 check was presented to Rick Burgett and Chuy Vasquez, representatives of Rebcon, Inc. for work substantially completed before August 10, 2005. On May 19, 2004, the city council approved Rebcon, Inc. for the above-referenced project. A Change Order for additional storm sewer improvements and pavement reconstruction along Lovers Lane from Thackery to Dickens was approved by the city council on December 14, 2004. At the December 14, 2004 council meting, staff was directed to 489 offer an incentive pay in the amount of $30,000 to Rebcon, Inc. if the project was completed at least 20 calendar days before August 10, 2005. In addition, the contractor worked with University Park Elementary School on several occasions to stop work for specific testing days and special events. CONSIDER AMENDMENTS TO THE FIRE AND BUILDING CODE: The International Building and Fire Code, 2000 was amended. The amendment adopted separate fire line taps on the city's potable water supply for residential structures being built in the city that have more than two units and adoption of the National Fire Protection Association Standard 24. This will include town homes, condominiums and sorority and fraternity houses built on the Southern Methodist Campus. ORDINANCE NO. 05/28 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, SECTION 3.103, AND CHAPTER 5, SECTION 5.107, TO PROVIDE FOR CONNECTIONS FOR AUTOMATIC FIRE SPRINKLER SYSTEMS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For August 30, 2005. MAIN AGENDA DISCUSS WATER TASTE AND ODOR WITH REPRESENTATIVES FROM DALLAS COUNTY PARK CITIES MUNICIPAL UTILITIES DISTRICT: Due to the recent odor and taste of the water supply for the city, President of the Board of Directors Mark Connell and General Manager Larry McDaniel of the Dallas County Park Cities Municipal Utilities District discussed the situation and plans for remedying it. Mr. Connell stated that in a fire a few weeks ago, a fire retardant foam was used. As a result, there was a sudsing action in the treated water, but it was safe to drink. During that time, the plant was shut down and the system was flushed as well as the current equipment. The plant was turned back on and that is when the city experienced the taste and odor in the water, which was caused by low oxygen in the water. As the plant is now 50 years old and the limits of what can be done with equipment are reached, the board is looking at several options and, in the next fiscal year, a pilot study will be set up to deal with such problems. Mr. McDaniel also stated that this problem could also have been a result of lake turnover and that will be considered when the pilot study is done. PUBLIC HEARING FOR PROPOSED FY2006 BUDGET AND PROPERTY TAX RATE: Mayor Holmes opened the public hearing. This was the final hearing on the FY06 budget. The only change from the initial proposed budget of August 2nd was the addition of $51,622, fuel costs for city vehicles. The total budget of $34,801,128 is 1.84% higher that last year's $34,173,272 adopted budget. The property tax rate for the tax year 2005 is $0.30958 per $100 taxable value. There is no debt service portion of the tax rate. The proposed new rate represents a 4.86% nominal tax rate decrease and a 3.93% effective tax increase. The plan includes a 4% market-based increase for city employees. Employees who are eligible for merit increases on 490 their anniversary date may receive a 3% raise. Total full-time headcount will be 238 employees, up one from last year's adopted budget. There will be an increase in sanitation rates. The monthly charge for a single-family home will rise about 20%, from $14.60 to $17.50. Commercial and other charges will be similarly raised. As the answer to the ten questions asked previously over the last two weeks, and since there were no questions from anyone in attendance, Mayor Holmes closed the public hearing. PUBLIC HEARING FOR PORTABLE ON DEMAND STORAGE LFNITS (PODS) ORDINANCE: Mayor Holmes ot)ened th.e public hearing. The ordinance allows certain accessory structures, objects or appurtenar!ces in the front yard of a residence for a period not exceeding one week in order 'to prove, de temporary storage for personal property from the residence and to facilitate relocation and m,~ving of household items to or from the residence. As there were no questions regarding this ordinance. Mayor Holmes closed the public hearing. Councilmember Shawver moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve limiting the amoux~.t of time PODS could be in. the front yard of a residence. ORDINANCE NO. 05/29 AN ORDINANCE OF THE CITY OF [)NiVERSITY PARK, TEXAS. AMENDING ARTICLE 12.300 "THE COMPREHENSIVE ZONING ORDINANCE" OF THE CODE' '. OF ORDINANCES, TO AMEND SECTION 8-608 (3) TO PROHIBIT CERTAIN ACCESSORY )I ...... ix'~--;' . STRUCTURES, OBJECTS, OR API .JR I[;'NA. ~..ES IN A REQUIRED FRONT YARD; PROVIDING A PENALTY OF FINE ix, t, I' TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH (3FI',...~,4SE; [~ROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFF'ECFI VE DATE. ~ PUBLIC HEARING FOR ORDINANCE !'O AD(?PT REVISED ZONING ORDINANCE: Mayor Holmes opened the public hearing. The ordinance amends the Comprehensive Zoning Ordinance, together with all amendments thereto and enacts a revised zoning ordinance establishing zoning regulations and districts in the City of University Park in accordance with this Comprehensive Plan. The city contracted with Duncan Associates in 2001 to rewrite the. Comprehensive Zoning Ordinance with a '~'iew to making it more user friendly and easier to read. The new ordinance has been restructured m~d reformatted to include illustrations of residential lot development, parking and driveway configurations. There have been no substantive changes to the established zoning district classifications or the development standards contained in the current zoning ordinance. All Planned Development Districts and Specific Use Permits have been incorporated in the final dralS. This draft also includes all amendments made since 2001 and up to the time of consideration..As there were no questions, Mayor Holmes closed the public hearing. Mayor Pro Tem Roberts moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to approve adopting the revised zoning ordinance. ORDINANCE NO. 05/30 AN ORDINANCE OF THE CITY OF 'UNIVERSITY PARK, TEXAS, ADOPTING AND ENACTING A NEW COMPREHENSIVE ZONING ORDINANCE, ATTACHED HERETO AND REFERRED TO HEREIN' AS EXHIBIT "A", REPLACING THE CURRENT COMPREHENSIVE ZONING ORDINANCE (NO. 88/7), AS PASSED AND APPROVED THE 16th DAY OF FEBRUARY, 1988. TOGETHER WITH ALL AMENDMENTS THERETO; 491 ESTABLISHING ZONING REGULATIONS AND DISTRICTS IN THE CITY OF UNIVERSITY PARK IN ACCORDANCE WITH THIS COMPREHENSIVE PLAN; REGULATING WITHIN SUCH DISTRICTS THE HEIGHT AND BULK OF BUILDINGS; THE SIZE OF YARDS, COURTS AND OPEN SPACES; REGULATING THE DENSITY OF DWELLINGS AND OTHER STRUCTURES AND THE PERCENTAGE OF A LOT THAT MAY BE OCCUPIED BY BUILDINGS; PROVIDING FOR PLANNED DEVELOPMENTS; PROVIDING FOR THE INCLUSION OF NEW AND UNLISTED USES; ESTABLISHING REGULATIONS FOR ACCESSORY BUILDINGS; PROVIDING FOR NONCONFORMING USES AND STRUCTURES; CREATING A BOARD OF ADJUSTMENT AND SPECIFYING ITS JURISDICTION; ESTABLISHING REQUIREMENTS FOR A BUILDING SITE; PROVIDING FOR CERTIFICATES OF .OCCUPANCY AND COMPLIANCE; DEFINING CERTAIN TERMS; ESTABISHING-A PROCEDURE FOR AMENDING THE ORDINANCE, GRANTING VARIANCES, PROVIDING INTERPRETATIONS, AND PERMITTING SPECIAL EXCEPTIONS; PROVIDING FOR THE PRESERVATION OF PREVIOUS VALID ACTIONS OF THE BOARD OF ADJUSTMENT; PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES AND PRESCRIBING A PENALTY' 'OF .'FINE FOR EACH OFFENSE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND EACH DAY ANY VIOLATION OR NON-COMPLIANCE CONTINUES CONSTITUTES A. SEPARATE OFFENSE: AND CONTAINING A REPEALING CLAUSE, A SEVERABILITY PROVISION, AND AN EFFECTIVE DATE. coNSIDER_ ORDINANCE ADOPTING FY2006 'BUDGET: Councilmember Carter moved approval of the ordinance. Mayor Pro Tern Robe?ts seconded, and the vote was unanimous to approve adopting the FY2006 Budget. ORDINANCE lxTO. 05/31 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK. TEXAS. ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005. ,AND END1NG SEPTEMBER 30, 2006; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE ADOPTING 2005 (FY2006) PROPERTY FAX RATE: Councilmember Walker moved approval of the ordinance. Councilmember Shawver seconded, and the vote was unanimous to approve the adoption of the 2005 (FY2006) property tax rate. ORDINANCE NO. 05/32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 2005-2006 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY PARK AS OF JANUARY I, 2005, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENDITURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 492 CONSIDER ORDINANCE ADOPTING FY2006 SALARY PLAN: Councilmember Shawver moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve adopting the FY 2006 Salary Plan. ORDINANCE NO. 05/33 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK FOR FY2005-2006, AND PROVIDING AN EFFECTIVE DATE. CONSIDER RESOLUTION AMENDING MASTER FEE SCHEDULE: The resolution approves a 20% 'increase in sanitation rates Mayor Pro Tern Roberts moved approval of the resolution. Councilmember Caner seconded, and the vote was unanimous to approve amending the Master Fee Schedule. RESOLUTION NO. 05-17 A RESOLUTION OF THE CITY COtYNCIL OF THE' CITY OF IJNIVERSITY PARK, TEXAS, AMENDING RESOLUTION 05,-i5, EXHIBIT SECTION V "SANITATIONS', BY AMENDING FEES FOR THE COI.,LECTK)N OF REFUSE AND RECYCLABLE MATERIALS AS AUTHORIZED BY ARTIC!,E 11.100 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. CONSIDER oRDINANCE FOR NO PARKING, EAST SIDE 6700 BLOCK DURHAM: The residents along the 6700 block of Durham have reques,:ed a no pinking ordinance for the east side of, Durham Street from Rosedale to Milton. Mr. Mark Kohler, 3101 'Milton, spoke in-favor 0fusing permits lbr parking. The area has been very congested during the day since the six ~mit SMU condos were built with fewer parking spaces than nee0ed. Mayor Holmes suggested that perrnittihg. be investigated in the future if there is a problem after the passing of the ordinance. Councilmember Shawver moved approval of the ordinance. Cotmcihnember Walker seconded, and the vote was unanimous to approve no parking on the east side of the 6700 block of Durham. .' ORDINANCE NO. 05/34 .AN ORDINANCE OF THE CITY CF UNIVERSITY PARK, TEXAS,..PROHIBITING PARKING ON TIlE EAST SIDE OF THE 6700 Bi,OCK OF DURHAM STREET FROM THE POINT OF ITS INTERSECTION WITH MILTON AVENUE TO THE POINT OF ITS INTERSECTION WITH ROSEDALE AVENUE, SAID AREA BEING DEPICTED IN EXHIBIT "A" ATTACHED HERETO AN[) MADE A PART HEREOF; PROVIDING FOR THE ERECTION OF SIGNS; 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 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING A.N EFFECTIVE DATE. CONSIDER INTERLOCAL AGREEMENT TO ALLOW TEMPORARY USE OF CITY OF DALLAS TRANSFER STATION: The city's sanitation transfer station at 2525 University is a critical component in the successful operation of sanitation services. Events as simple as a power outage or mechanical failure of city compactors would render the transfer station inoperable and significantly hinder ability to collect garbage. In an effort to provide a contingency plan for such a problem, the staff worked for several months to obtain an agreement 493 with the City of Dallas which would allow utilization of their Fair Oaks Transfer Station in the event the city facility is .out of commission. The agreement states the city can use either the Fair Oaks or Bachman Transfer Stations in exchange for payment of the prevailing gate rate at the time of usage. The current gate rate is $40 per load. This price also covers the landfill fees associated with each load. The agreement does not contain any reciprocity provision that would require the City of University Park to grant Dallas access to our transfer station. Mayor Holmes moved approval of the interlocal agreement. Councilmember Shawver seconded, and the vote was unanimous to approve temporary use of the City of Dallas Transfer Stations. CONSIDER FINAL PAYMENT FOR STORM SEWER IMPROVEMENTS AND PAVEMENT RECONSTRUCTION ON LOVERS LANE, PROJECT NO. 42730: Payment was made to Rebcon, Inc. in the amount of $295;843.05 for work performed and materials furnished for the construction of Project No. 42730. The project included the 2600-3300 and 3500 blocks of Lovers Lane, and the 7000 block of Athens. Mayor Pro Tem Roberts moved approval of the payment. Councilmember Carter seconded, and the vote was unanimous to approve the final payment to Rebcon, Inc. for Project No. 42730. CONStDER CHANGING CITY COUNCIL. MEETING DATES FROM TUESDAY, OCTOBER 18, 2005 TO MONDAY, OCTOBER 17, 2005 AND TUESDAY, NOVEMBER 1, 2005 TO WEDNESDAY, NOVEMBER 2, 2005' Since Councilmember Walker will be out of the city on the regular meeting dates of Tuesday, October 18th and Tuesday, the 1st of November, it was suggested that those 'meeting dates be changed. It was suggested that the council meet only once in the month of November: CounCilmember Shawver moved that the October meeting date be changed to Monday,' October:17th and' that the November meeting be changed to Tuesday, November 8th. Councilmember"Walker seconded, and the vote was unaniinous to approve changing the October and November meeting dales. There being no further business, the meeting Was.adjourned. PASSED AND APPROVED this 20th day of September 2005. ATTEST: . .~ /~~¢~ City /