HomeMy WebLinkAbout2013.04.02 City Council Meeting Minutes 615
MINUTES
AGENDA#2858
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK,TEXAS
COUNCIL CHAMBER—CITY HALL
TUESDAY, APRIL 2, 2013, 5:00 P.M.
2:30-3:45 P.M. EXECUTIVE SESSION: Pursuant to the authority of GC §551.071(2), the
City Council met in closed executive session for a consultation with the City Attorney
to receive confidential legal advice regarding legal ramifications of proposed special
conditions applicable to the Park Cities YMCA zoning application; and, under GC §551.071
(1)(a) to consult with Attorney Rick Tubb, representing the City in pending litigation.
Consider Legacy Hillcrest Investments, Ltd v. the Board of Adjustment of the City of
University Park, Texas. No action was taken. Executive Conference Room, first floor, City
Hall.
Present during the Executive Session were Mayor Dick Davis, Mayor Pro Tem Bob Clark,
Councilmember Bob Begert, Councilmember Dawn Moore, Councilmember Tommy
Stewart, City Attorney Robert Dillard, and Attorney Rick Tubb. Staff present included City
Manager Bob Livingston, Community ty Development Director Robbie Corder, Public Works
Director Bud Smallwood, City Secretary Liz Spector, Community Information Officer
Steve Mace and Assistant to the City Manager George Ertle.
At 3:45 Mayor Davis adjourned the Executive Session and the Council moved to the open
work session.
3:50 - 4:00 P.M. DISCUSS: a request to consider annexation of the former Mrs. Baird's
site on the southwest corner of Mockingbird and Central Expressway
Mayor Pro Tern Clark reviewed information with the Council regarding a request that
the City annex the former Mrs. Baird's site, located at the southwest corner of the
Mockingbird/Central Expressway intersection. He said this property is located in the City
of Dallas and is adjacent to property in the Town of Highland Park. Mayor Davis suggested
that the requestor, Mr. Mike Boone, a member of the SMU Board of Trustees, should make
this proposal to the Council. City Attorney Dillard said SMU should be the responsible
party for this request, not the City.
Director of Public Works Bud Smallwood informed the Council that the City does
not provide any type of utility service to this location. He also said the City does not own
rights-of-way of the streets surrounding the site so to provide utilities will require
cooperation from the City of Dallas and possibly the Town of Highland Park.
Councilmember Moore said this annexation could be costly. Mayor Pro Tem Clark said he
doesn't see any advantage to the City to pursue the annexation request further.
4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW: The City Council convened
into open work session to receive agenda item briefings from staff.
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Director of Parks Gerry Bradley addressed the Council. He discussed the City's
recent recertification as a "Tree City USA." Mr. Bradley also reviewed a request from the
Highland Park Presbyterian Church to reserve Williams Park for an event in August. He
said the church anticipates 300 attendees and the event will include a band, food and
games. He said the City will block off Park St. during the event for safety. There were no
questions for Mr. Bradley.
Mayor Davis addressed the Council. He said he will not call for discussion of the YMCA
request to amend the PD. He asked that a motion be made and if a second is received, any
Councilmember who wishes should address the audience at that time, before voting on the
motion.
Mayor Davis then asked staff to confirm that no changes have been made to the draft PD-12
amendment since its publication in the agenda on Friday, May 29. Staff confirmed that no
changes have been made to the draft ordinance since that date.
Director of Finance Kent Austin reviewed a resolution on the agenda authorizing the City to
move $347,954 in accumulated funds from SWHEA and THEA to the City's General Fund
for transfer to the Library Construction Fund. Mr. Austin said the Board of Directors for
both funds approved the transfers.
Director of Information Services Jim Criswell reviewed a proposal from lmaginuity to
redesign the City's website. He said a new website will improve online branding and the
City's public outreach capabilities. He also said staff hopes to appeal to a younger •
demographic with the redesign. Mr. Criswell said the proposal from Imaginuity is for
$102,000 and the Capital Projects Review Committee has approved a budget for the
redesign in the amount of$110,000. Councilmember Moore said her firm recently
underwent a website redesign with the same company and she said they did a great job.
There were no questions for staff and Mayor Davis adjourned the worksession.
I. CALL TO ORDER
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 Tem Clark, Mayor Davis,
Councilmember Moore, and Councilmember Begert. Also in attendance were City Manager
Livingston, and City Attorney Dillard.
A. INVOCATION: Councilmember Tommy Stewart
B. PLEDGE OF ALLEGIANCE: Councilmember Tommy Stewart/Boy Scouts
Boy Scouts in attendance included: Ben Hamner,Troop 125, working on his
Citizenship in the Community merit badge;Casey Allman, Troop 70, Citizenship in
the Community; Gayden Williams, Troop 70, Citizenship in the Community; Colton
Shawver, Troop 70, Communications; Drew Johnson, Troop 70, Citizenship in the
Community; Adam Johnson, Troop 70, Citizenship in the Community;Andrew
Minick, Troop 70, Communications; Milo Christensen, Citizenship in the
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Community; Christian Arkenton, Troop 70, Citizenship in the Community;J. D.
Cochran, Troop 70, Citizenship in the Community; Michael Cochran, Troop 70,
Citizenship in the Community; Coleman Everett, Troop 70, Citizenship in the
Community; Emory Seidel, Troop 70, Citizenship in the Community; Elijah Pedach,
Troop 70, Citizenship in the Community; Bennett Handler,Troop 70, Citizenship in
the Community. Mayor Davis thanked the Scouts for attending the meeting.
C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D. INTRODUCTION OF STAFF: City Manager Bob Livingston
Staff in attendance included: Community Information Officer Steve Mace, Director
of Information Services Jim Criswell, Director of Public Works Bud Smallwood,City
Secretary Liz Spector, Director of Human Resources Luanne Hanford, Director of
Finance Kent Austin, Library Director Sharon Martin, Director of Parks Gerry
Bradley,Assistant Public Works Director Jacob Speer, Director of Community
Development Robbie Corder, Fire Chief Randy Howell, Court Administrator Yaneth
Delacruz, Controller Tom Tvardzik, PD Administrative Assistant Dawn Kossmann,
FD Administrative Assistant Phyllis Mahan, Receptionist Ann Bray, and Human
Resources Assistant Belinda Aldrete.
II. AWARDS AND RECOGNITION
A. RETIREMENT: recognition for Kenneth Chance, Sanitation Superintendent, with 24
1/2 years of service, Juan Martinez, Sanitation Driver with 38 years of service, and
Kathleen Mashburn, Finance Administrative Secretary, with 22 years of service.
Director of Public Works Smallwood introduced retiring staff members Juan
Martinez and Kenneth Chance. He said Mr. Chance is retiring as Sanitation
Superintendent with 24 years of service. He said Mr. Martinez is retiring from the
City with 38 years of service.
Councilmember Bob Begert presented both men with a retirement check and gave
Mr. Chance a plaque. He said Mr. Martinez' plaque will be delivered to him soon.
Director of Finance Austin introduced Kathleen Mashburn. He said she is retiring
with 22 years of service to the City. Councilmember Begert presented Ms. Mashburn
with a retirement check and a plaque.
III. CONSENT AGENDA
A. RECOGNITION: of Tree City USA Certification for 2012
B. CONSIDER AND ACT: on Williams Park reservation request from Highland Park
Presbyterian Church
C. CONSIDER AND ACT: on an ordinance amending Article 13.300 of the Code of
Ordinances, Swimming Pool Regulations
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Consent Agenda approval will amend the Code of Ordinance to allow non-resident
former City mayors and their guests to use the City's Holmes Aquatic Center.
ORDINANCE NO. 13/14
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
ARTICLE 13.300 SWIMMING POOL REGULATIONS; 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.
D. CONSIDER AND ACT: on minutes of the March 19, 2013 City Council Meeting
E. CONSIDER AND ACT: on minutes of the March 27, 2013 Special City Council
Meeting
City Manager Bob Livingston summarized the items on the consent agenda. He said the
items are considered routine in nature and the Council may approve them with a single
motion and vote.
Mayor Davis asked if a Councilmember wished to remove any item from the Consent
Agenda. There was no such request and Mayor Davis asked for a motion. 1110
Councilmember Begert made a motion to approve the Consent Agenda. Councilmember
Moore seconded, and the motion carried unanimously.
IV. MAIN AGENDA
A. CONSIDER AND ACT: on an ordinance granting approval for a conceptual site plan
to amend Planned Development District PD-12, to demolish the existing structure and
redevelop a 3.72 acre tract more or less, with a new YMCA facility and a below-
grade parking garage.
City Manager Livingston said the Council has been furnished copies of the latest
draft of the ordinance approving a conceptual site plan to amend PD-12. Mayor
Davis asked for a motion on the ordinance.
Councilmember Moore made a motion to approve an ordinance granting approval for
a conceptual site plan to amend Planned Development District PD-12, to demolish
the existing structure and redevelop a 3.72 acre tract more or less, with a new YMCA
facility and a below-grade parking garage. Mayor Pro Tem Clark seconded.
Mayor Davis addressed the audience. He said the Council has worked diligently on
the YMCA request to amend their site plan. He said they have worked on the
proposal for many months. He said input has been received from the YMCA, as well
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as area residents and others. He said the proposal has been through the public hearing
process both at Council and at P&Z.
Mayor Davis said a super-majority of the Council must vote in favor of the ordinance
for it to be approved. If it is approved, Mayor Davis said it will be up to the YMCA
to submit a detailed site plan to staff. He said the Council will then have to approve a
detailed site plan. He said that will be thoroughly reviewed for compliance with the
PD ordinance. Following that, he said construction will begin and those matters will
also be reviewed for compliance with the ordinance. Mayor Davis then asked for
comments from the Council.
Councilmember Tommy Stewart said approval of this request to amend PD-12 has
been a long and involved process. He said he had reservations about the size of the
proposed facility. He said should any future traffic studies reflect changes should be
made to address traffic problems, he hopes the YMCA will be cooperative in making
those changes.
Mayor Pro Tern Clark said the City Council was charged with the decision to
determine how a new YMCA will fit into the City. He said he believes the solution
before them today will work. He said all of the interested parties made
compromises to create this solution. He thanked everyone for working together
towards this goal.
Councilmember Begert asked City Manager Livingston if the specific location
measurements for the underground garage entry/exit are included in the conceptual
site plan or the detailed site plan. Mr. Livingston said the location is reflected on the
conceptual site plan, but precise details will be worked out by the building's architect
and engineers for inclusion on the detailed site plan. Mr. Livingston said there will be
an opportunity for the Council to approve final placement of the parking garage
entry/exit.
Councilmember Begert said he is concerned about how definitive the traffic study is.
He asked Mr. Livingston if the City has a way to perform traffic counts outside of
requesting a complete traffic study. Mr. Livingston said the City owns several
counters and does routinely perform traffic counts and speed studies.
Councilmember Begert asked to what standard will any future traffic counts be
compared to show changes. Mr. Livingston said the DeShazo traffic impact analysis
conducted at the request of the YMCA will be used as the baseline for comparative
counts. He said staff will use that study's actual and projected counts for
comparison to any future counts performed by or at the request of the City. Mr.
Livingston said if any discrepancies are noted, staff will determine if a full traffic
study is warranted at that time.
Councilmember Begert congratulated the neighbors and YMCA for working together
to make this happen. He said everyone has worked very hard, and he hopes it is
apparent that the City Council has listened to the concerns of every party involved in
this decision.
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Mayor Pro Tern Clark noted that this ordinance does not address creation of
residential parking districts but he said the Council will consider implementation of
such as requested by the residents of that neighborhood. Mayor Davis agreed. He
said the Council will consider this request once an application has been received
requesting establishment of a residential parking district but it is not part of this
ordinance.
Councilmember Moore made a motion to approve an ordinance granting approval for
a conceptual site plan to amend Planned Development District PD-12, to demolish
the existing structure and redevelop a 3.72 acre tract more or less, with a new YMCA
facility and a below-grade parking garage. Mayor Pro Tern Clark seconded, and the
motion carried unanimously.
ORDINANCE NO. 13/15
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,BY
AMENDING PLANNED DEVELOPMENT DISTRICT NO. 12,A 3.7216
ACRE TRACT OF LAND MORE PARTICULARLY DESCRIBED IN
EXHIBIT A ATTACHED HERETO,IN THE CITY OF UNIVERSITY PARK,
DALLAS COUNTY, TEXAS, AND COMMONLY KNOWN AS 6000
PRESTON ROAD; APPROVING AN AMENDED CONCEPTUAL SITE PLAN
FOR PD-12 ATTACHED AS EXHIBIT B; PROVIDING SPECIAL
CONDITIONS; 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
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
B. CONSIDER AND ACT: on a resolution authorizing acceptance and use of SWHEA
and THEA surplus funds
Director of Finance Kent Austin addressed the Council regarding a proposed transfer
of funds from the Southwest Higher Education Authority (SWHEA) and the Texas
Higher Education Authority (THEA)to the City for use in the Library construction
project. He said the two entities are separate from the City but are under City's
umbrella. Mr.Austin said monies have accumulated in the two funds and are idle.
He said rather than continue amassing the monies, the boards of the two
authorities have approved moving the money to the City and designate the funds to
library construction costs. Mr. Austin said the total to be transferred is$347,954.
Councilmember Moore made a motion to approve a resolution authorizing acceptance
and use of SWHEA and THEA surplus funds. Councilmember Begert seconded, and
the motion carried unanimously.
RESOLUTION NO. 13-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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• UNIVERSITY PARK,TEXAS,AUTHORIZING ACCEPTANCE OF
ACCUMULATED BOND ISSUANCE FEES FROM SOUTHWEST HIGHER
EDUCATION AUTHORITY AND TEXAS HIGHER EDUCATION
AUTHORITY; AUTHORIZING THE CITY MANAGER TO TRANSFER THE
AMOUNTS OF SUCH FEES TO THE UNIVERSITY PARK PUBLIC
LIBRARY FUND FOR CONSTRUCTION FINISH-OUT OR OTHER
LIBRARY PURPOSES; AND PROVIDING AN EFFECTIVE DATE.
C. CONSIDER AND ACT: on approval of a proposal from Imaginuity Interactive, Inc.
to redesign the City's website
City Manager Livingston reviewed the proposal from Imaginuity Interactive to
redesign the City's website. He said the current website was originally designed in
2002, refreshed in 2006, and now needs a complete overhaul.
Mr. Livingston said the redesign is part of a 3-year project involving hardware
upgrades for the City's information services infrastructure and the website redesign is
the final part of the project. He said the Capital Projects Review Committe approved
a budget of$110,000 for the project and the proposal from Imaginuity came in under-
budget at$102,000.
Councilmember Stewart made a motion to approve a proposal from Imaginuity
Interactive, Inc. to redesign the City's website. Councilmember Begert seconded, and
the motion carried unanimously.
V. PUBLIC COMMENTS
There were no requests to address the Council and Mayor Davis adjourned the meeting.
Considered and approved this 16th day of April 2013. /e '
W. Richard Davis, Mayor
ATTEST: Vie/
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li . e Spector, City/retary
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