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HomeMy WebLinkAbout2013.02.19 City Council Meeting Minutes 597 ***" MINUTES AGENDA #2855 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER—CITY HALL TUESDAY, FEBRUARY 19, 2013, 5:00 P.M. 3:05 - 4:45 P.M. EXECUTIVE SESSION: Pursuant to the authority granted under Texas Gov't Code Section 551.071(2) the City Council met in closed executive session for a privileged communication with the City Attorney with reference to the legal ramifications of proposed special conditions applicable to the Park Cities YMCA zoning application, including but not limited to PD conditions and size, and, under Section 551.074(1) for an evaluation of the City Manager. No action was taken. Executive Conference Room, 1st Floor, City Hall. The Executive Session was attended by Mayor Dick Davis, Mayor Pro Tem Bob Clark, Councilmember Dawn Moore, Councilmember Tommy Stewart, City Attorney Robert Dillard, III, and City Manager Bob Livingston. Councilmember Bob Begert was excused. Also present was Director of Community Development Robbie Corder and Director of Public Works Bud Smallwood. 4:50 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW: The City Council met in open work session to receive agenda item briefings from staff. No action was taken. Council Conference Room,2nd Floor, City Hall. thr Police Operations Captain Greg Spradlin addressed the Council regarding the Traffic Stop Analysis prepared for the City by the Professional Development Institute at the University of North Texas in Denton. He said state law requires the police chief to report to the governing body of the City the findings of a compilation and analysis of traffic stops and related searches. He said the analysis is conducted to determine if racial profiling is being practiced by the agency in traffic stops and subsequent searches during those stops. Captain Spradlin said the Department was found to be in full compliance with state and local law and received no racial profiling complaints in 2012. Captain Spradlin also briefed the Council on a request to conduct a 5k using some city rights-of-way. He said the race is conducted by an SMU-affiliated group and has been held successfully for several years. He said the race is anticipated to include 30 to 40 participants. He the race is scheduled for 9 a.m. on Saturday, 2/23 and said no traffic problems are expected to occur as it will be held mostly on campus. Director of Finance Kent Austin briefed the Council on an ordinance amending the FY 13 budget. He said the amendment will bring forward funds encumbered from the previous fiscal year for completion of ongoing projects. He said the amendment also authorizes a 10% increase in contributions to the City's Self-Insurance Fund for employee health insurance costs. Fire Chief Randy Howell briefed the Council on a request to contract with Media Management for audio/visual services in the soon-to-be constructed Emergency 598 • Operations Center at Peek. He requested the Council approve a resolution releasing the City from competitive bidding requirements to allow the EOC's audio/visual system to interface seamlessly and efficiently with other AN equipment installed at City Hall,the Peek Center, and the Library. Chief Howell said the Council previously awarded Media Management AN contracts for the other facilities using the competitive bidding process. He said Media Management also holds a contract with the City for ongoing maintenance of those systems. He requested the Council authorize the City to contract with Media Management in the amount of$106,438 for installation of the AN equipment in the Peek EOC. Director of Community Development Robbie Corder briefed the Council on changes to the City Ordinance that provides guidance on the conduct of garage and estate sales. He said the proposed amendment allows residents to conduct two annual garage sales of no more than 36 hours each, restricted to the hours between 8 a.m. and 8 p.m. He also said the change will allow residents to place items for sale in the front driveway or patio area, not to include any lawn or grassy area, as well as in backyards. Mr. Corder also mentioned the possible creation of a page on the City's website that would list registered garage/estate sales each week. Mayor Pro Tem Clark asked Mr. Corder to clarify the change to the rules regarding location. Mr. Corder said if the ordinance is approved, residents conducting garage sales will be allowed to place the merchandise on the driveway or porch. He said the existing ordinance prohibits any sales from the front yard. The work session was concluded at 5:00 p.m. and the Council moved to the chamber. I. CALL TO ORDER Nor The 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 Clark, Mayor Davis, and Councilmember Moore. Also in attendance were City Manager Livingston, and City Attorney Dillard. Councilmember Begert was absent and excused. A. INVOCATION - FIRE CHIEF RANDY HOWELL B. PLEDGE OF ALLEGIANCE-FIRE CHIEF RANDY HOWELL/BOY SCOUTS Boy Scout Reece Dorn, stated he is a member of Troop 80, and is attending the Council Meeting as one of the requirements to be awarded the First Class rank. C. INTRODUCTION OF COUNCIL -MAYOR W. RICHARD DAVIS D. INTRODUCTION OF STAFF-CITY MANAGER BOB LIVINGSTON Staff in attendance included City Secretary Liz Spector, Director of Public Works Bud Smallwood, Director of Parks Gerry Bradley,Assistant to the City Manager George Ertle, Director of Human Resources Luanne Hanford, Fire Chief Randy Howell, Director of Finance Kent Austin, Library Director Sharon Martin, Police • 599 Captain Greg Spradlin, Director of Information Services Jim Criswell, and Community Information Officer Steve Mace. II. CONSENT AGENDA A. REPORT: on University Park Police Department Annual Traffic Stop Analysis B. CONSIDER AND ACT: on a request to conduct the JUDICATA 5k Run benefiting Dallas CASA Consent Agenda approval will authorize the Race Judicata 5k to be conducted on Saturday, Febuuary 23 at 9 a.m. utilizing certain City rights-of-way. C. CONSIDER AND ACT: on an ordinance amending the FY2013 budget to carry forward FY2012 encumbrances and authorize an increase in health care contributions ORDINANCE NO. 13/04 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS, AMENDING THE 2012-2013 FISCAL YEAR BUDGET, ORDINANCE NO. 12/24, TO CARRY FORWARD ENCUMBRANCES FROM THE 2011-2012 FISCAL YEAR BUDGET AND INCREASE THE AMOUNTS FOR EMPLOYEE HEALTH INSURANCE, INCLUDING $766,907 IN GENERAL FUND EXPENDITURES, $271,272 IN UTILITY FUND EXPENDITURES, AND $37,031 IN SANITATION FUND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. D. CONSIDER AND ACT: on a resolution exempting the City from competitive bidding requirements when executing a contract for the audio/visual system for the Peek Emergency Operations Center as authorized by Section 252.022 of the Local Government Code RESOLUTION NO. 13-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE AUDIO VISUAL SYSTEM FOR THE PEEK CENTER EMERGENCY OPERATIONS CENTER; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. E. CONSIDER AND ACT: to authorize the City Manager to execute a contract with Media Management in the amount of $106,438 for installation of audio/visual equipment in the Peek Emergency Operations Center F. CONSIDER AND ACT: on minutes of the February 5,2013 City Council Meeting Mayor Pro Tern Clark made a motion to approve the Consent Agenda. Councilmember Moore seconded, and the motion carried unanimously. 600 III. MAIN AGENDA A. CONSIDER AND ACT: on an ordinance amending Section 4.07 of the University Park Code of Ordinances, Sales of Personal Property Director of Community Development Robbie Corder addressed the City Council regarding a proposal to amend the ordinance regulating garage and estate sales. Mr. Corder said staff hopes to ease restrictions on residents as well as improve neighborhood quality by removing the number of illegally posted signs advertising the sales. He also said the changes will ease the burden on code enforcement officers who are responsible for enforcing the existing regulations, such as sign size and placement, number of signs, location of sales and conducting too many annual sales. He said the Council referred study of the proposal to the Urban Design and Develoment Advisory Committee (UDADAC) at their June 19, 2012 meeting. Mr. Corder said the committee met to study garage and estate sale rules at their August 2012 and February 2013 meetings. He said he has provided the Council with a proposed ordinance that incorporates the UDADAC recommendations. He said their recommendations include allowing residents to conduct two annual sales of no more than 36 hours each between 8 a.m. and 8 p.m., allowing the sales to be conducted in a front driveway or patio, and creating a page on the City's website to list the local sales. Mr. Corder said the committee also included a stipulation that if such sales are held in the front yard area, the items must be removed at the end of each evening. He also said items are not allowed to be displayed from any grassy or lawn areas in the front yard. Mayor Pro Tem Bob Clark said he met with UDADAC members and listened to the pros and cons for the recommended changes. He said he doesn't think allowing "occasional sales" to be held in front yards is a good idea. He said he thinks it will take away some of the quality of the community. Mayor Pro Tem Clark stated allowing garage sales to be held in front yards is not in the best interest of the City. Mayor Davis asked if there was a motion on the request to amend the ordinance. Councilmember Stewart made a motion to approve an ordinance amending Section 4.07 of the University Park Code of Ordinances, Sales of Personal Property . -1 seconded, and the motion failed Mayor Pro Tem Clark stated he preferred the ordinance be amended to omit the section permitting front yard sales. Councilmember Moore made a motion to approve the ordinance amending Section 4.07, Sales of Personal Property as presented, subject to deletion of the amendment to Section 4.07.003 (5) Location of occasional sales. Mayor Pro Tem Clark seconded, and the motion carried. V) 601 ORDINANCE NO. 13/05 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 4 TO REGULATE SALES OF PERSONAL PROPERTY IN RESIDENTIAL DISTRICTS; 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 FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. IV. PUBLIC COMMENTS There were no requests to address the Council from the floor and Mayor Davis adjourned the meeting. Considered and approved this 5th day of March 2013. / W. Richard Davis, Mayor ATTEST: _, /_ gAL /g/ Eli . .;th Spector, City/ecretary