HomeMy WebLinkAbout2013.11.05 City Council Meeting Minutes 698
City of University Park City Hall
Y y 3800 University Blvd.
University Park,TX 75205
Meeting Minutes
City Council
Tuesday, November 5, 2013 5:00 PM Council Chamber
EXECUTIVE SESSION
2:30-4 P.M. Pursuant to Texas Government Code§551.071(2), the City Council met
in closed session to receive confidential legal advice from the City Attorney. No action
was taken. Executive Conference Room, 1st Floor, City Hall.
Mayor Davis, Mayor Pro Tern Clark, Councilmembers Begert, Moore and Stewart,
City Attorney Dillard, and City Manager Livingston were present.
PRE-MEETING WORK SESSION
4-5 P.M. 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.
CALL TO ORDER
ROLLCALL
Present: 5- Mayor W. Richard Davis, Mayor Pro Tern Bob Clark, Councilmember Bob
Begert, Councilmember Dawn Moore and Councilmember Tommy Stewart
Also seated on the dais were City Attorney Robert L. Dillard, Ill and City Manager
Bob Livingston.
A. INVOCATION: Councilmember Dawn Moore
B. PLEDGE OF ALLEGIANCE: Councilmember Moore / Boy Scouts
Boys Scouts in attendance included Jackson Hinckley, Troop 82, working on the
Citizenship in the Community merit badge, Pearson Riley, Troop 577, working on the
Communications merit badge, and Jack Hardage, Troop 577, also working on the
Communications merit badge.
C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D. INTRODUCTION OF STAFF: City Manager Bob Livingston
Staff in attendance included: Director of Information Services Jim Criswell, Acting
Police Chief Greg Spradlin, Director of Public Works Bud Smallwood, Community
Information Officer Steve Mace, City Secretary Liz Spector, Director of Parks Gerry —
City of University Park Page 1
699
City Council Meeting Minutes November 5,2013
Bradley, Chief Planning Official Harry Persaud, Library Director Sharon Martin,
Assistant City Manager/Director of Community Development Robbie Corder,
Assistant Director of Public Works Jacob Speer, Fire Chief Randy Howell, Acting
Director of Finance Tom Tvardzik, and Assistant to the City Manager George Ertle.
II. AWARDS AND RECOGNITION
A. 13-261 Proclamation establishing November 21, 2013 as Arbor Day 2013 in
the City of University Park
Community Information Officer Steve Mace addressed the Council regarding the
Arbor Day proclamation. He said University Park has traditionally celebrated Arbor
Day in November by planting trees across the community. He said as a special
recognition this year, the City is participating with many other communities in Dallas
County's Day of Service. Mr. Mace said honoring the legacy of President John F.
Kennedy and First Lady Jacqueline Kennedy, City staff will plant a red oak tree and
rose bushes following a brief ceremony in Williams Park on November 21, 2013.
Mayor Davis read the proclamation into the record.
III. CONSENT AGENDA
City Manager Livingston summarized the Consent Agenda items for the Council and
audience. Mayor Davis asked for a motion.
A motion was made to approve the Consent Agenda. The motion carried
unanimously.
Aye: 5- Mayor Davis, Mayor Pro Tern Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
A. 13-257 Consider and act to award bid for replacement of Electronic Access
Control system
The bid for installation of an Electronic Access Control system was awarded to
Schneider Electric in the amount of$78,050.00.
B. 13-265 Consider and act on cooperative purchase of three (3) police vehicles
Consent agenda approval authorizes purchase of three(3)Chevrolet Tahoes
from Caldwell Country Chevrolet for the UPPD in the amount of$104,178.00.
C. 13-259 Consider a resolution casting the City's ballot for the Suburban Cities'
Representative to the DCAD Board of Directors
Consent agenda approval adopts a resolution casting the City Council's vote
for Michael Hurtt as the City's DCAD Board representative.
Enactment No RES No.13-014
D. 13-258 Consider and act on minutes of the October 15, 2013 City Council
Meeting with or without corrections
The minutes were approved as submitted.
IV. MAIN AGENDA
City of University Park Page 2
700
City Council Meeting Minutes November 5, 2013
A. PZ 13-004 Public hearing on request by HPISD to amend the detailed site plan for
Planned Development District PD-15, to add a concrete pad and fabric
shade structure on the north side of the campus.
City Manager Livingston introduced the agenda item and asked Chief Planning
Official Harry Persaud to address the Council. Mr. Persaud provided a brief
summary of the item. He said University Park Elementary School has requested an
amendment to their site plan to allow for a shade structure and sports court to be
constructed on the north side of the building. Mayor Davis opened the public hearing.
Dr. Lynda Carter,principal of University Park Elementary, was called to speak. She
said a committee was formed in partnership with the PTA/Dads'Club and met to
come up with ideas to create additional play areas which would include improved play
surfaces on the grounds. Dr. Carter said additional shaded play areas were an
important part of the plan because 150 to 180 students play on the school grounds
each day. She also mentioned that the community as a whole would benefit from the
shaded area when it is used outside of school times. Dr. Carter said the improved
play area will allow visual security and the shaded area will provide a centrally
located area for children who are required to be held out of playtime. Dr. Carter said
mobility-impaired children will be able to move more easily around the proposed play
area She also said that a crucial requirement of the request is for the space to
function well with the neighbors.
Mr. Rodger Jayroe was called to speak. Mr. Jayroe stated he owns a property
across the street from the school and he expressed concern about the aesthetics of
the shade structures. He likened their appearance to structures on used car lots.
Mr. Jayroe also mentioned that P&Z cited concerns about the proliferation of similar
structures in local parks. He stated there is adequate shade provided for the children
from nearby trees and a 10 ft. x 10 ft. arbor. He said the climbing equipment on the
playground is in the shade. Mr. Jayroe asked the school to come up with an
alternate plan as there is too much concrete in that location already. He also
expressed concern about the wind load of the proposed shade structure. He
requested the Council deny the request as presented
Mr. Lathram Pou was called to speak. Mr. Pou stated he lives in the middle of the
block on Amherst, across the street from the proposed play area. He said although
his child attends the school, he initially signed an objection to the proposed
playground. He said after he spoke with Dr. Carter and members of the Dads'Club
he was better informed and is now in favor of the proposal. He said he and his family
chose to live across the street from the school and while progress can be difficult, he
realizes it is necessary due to the growth of the student population at the school. He
also mentioned the school has agreed to plant trees around the shade structure to
help screen it from the neighboring homes. He stated three other neighbors who
initially objected to the proposal have now removed their objections.
Ms. Kellison Golden was called to speak. She stated she is a second grade teacher
at UP Elementary and said the shade structure will provide sun protection and
improved visibility on sunny days. Ms. Golden stated she wants to raise awareness
of skin cancer and its prevention as she been diagnosed with malignant skin cancer.
She stated the shade structure will block harmful UV rays from the children and
teachers. Ms. Golden stated that shade for the sports court is a need and she
respectfully asked for the council's approval.
Ms. Jenny Liebes Castellaw was called to speak. She introduced herself as the
school nurse at UP Elementary as well as a resident of the city. Ms. Liebes
Castellaw said she is an advocate for children at UP who are medically fragile and
City of University Park Page 3
701
City Council Meeting Minutes November 5,2013
will benefit from a shaded structure. She said without such space, medically fragile
students go to the library during PE and are treated differently. She asked the
Council to approve the request.
Mr. Edward DeLoach, Jr. was called to speak. He stated he owns property directly
across the street from the proposed playground and he strongly objects to the shade
structure. Mr. DeLoach said trees are better long-term solutions than the proposed
concrete pad and artificial shade structures. He said they not only look better, but
are environmentally friendly. He said the concrete pad will impede drainage, as well
as absorb and reflect heat. Mr. DeLoach said the shade structure will negatively
impact area home values and he stated no other HP1SD campus has such a shade
structure. He requested the City Council reject the proposal as recommended by P &
Z.
Ms. Marilyn Jayroe was called to speak. She said she researched different
structures that could be used Ms. Jayroe said the proposed structure is relatively
large and she doesn't think there are that many children with health problems or
disabilities to necessitate such a large structure. She said she is not completely
opposed to the proposed playground, but she asks school administrators to think
more long-term.
Mr. Phil Law was called to speak. He said he moved into a property across the street
from the proposed play area in December 2012. He said he has a student in fourth
grade in the district and recognizes the wonderful administration, however, he said
the proposed structure is unacceptable. Mr. Law said it is too large and unsightly and
asked the City Council to have the school look at alternatives.
There were no more requests to speak and Mayor Davis closed the public hearing.
B. 13-267 Consideration of an ordinance approving an amended detailed site
plan for Planned Development District PD-15, to add a concrete pad
and fabric shade structure on the north side of the campus.
Councilmember Stewart asked who comprised the committee overseeing the
proposed project. Dr. Carter said the committee included school administration
members, the UP Dads'Club and representatives from SHW Architectural.
Councilmember Moore asked Mr. Persaud if the amount of concrete at the location
met the City's impermeability standards. Mr. Persaud said the school grounds were
well within the percentages identified in the City's Zoning Ordinance. Mr. Persaud
also mentioned that the school will plant four cedar elm trees surrounding the shade
structure which will increase the available shade as well as screen the structure from
the neighborhood. He said the trees will be no smaller than 4-inch caliper in diameter
at the time of planting. He mentioned the trees are Texas natives and will provide a
huge canopy when fullly grown.
Mr. Persaud said the school reduced the size of structure from 42 ft. x 24 ft. to 40 ft.
x 20 ft. He also stated the height was reduced from 14 feet to 10 feet.
Mayor Pro Tem Clark said there seems to be an excessive amount of paved area and
asked if a greener approach was considered. He said structure seems to be an
inexpensive solution for a critical need and he questioned if it is the best solution.
Dr. Carter said the committee found the proposed location will allow 360 degree
visibility and screening for the teachers supervising students. She stated there is no
other location for this sports court other than the front lawn of the school. HPISD
Superintendent Dr. Dawson Orr said there is a large amount of paved area at the
back of the school but he and the committee believe the proposed play area is the
City of University Park Page 4
702
City Council Meeting Minutes November 5,2013
best solution.
Councilmember Stewart said there is a small minority opposed to the type of shade
structure proposed by the school. He suggested the committee work with the
homeowners to find a more acceptable type of structure and return to the Council
with a new concept.
A motion was made by Councilmember Stewart,seconded by Councilmember
Begert,that this Ordinance be recommended for disapproval.The motion
failed by the following vote:
Aye: 2- Councilmember Begert, and Councilmember Stewart
Nay: 2- Mayor Davis, and Councilmember Moore
Abstain: 1 - Mayor Pro Tern Clark
After the motion to deny the ordinance amendment failed, Councilmember Moore
presented a new motion.
A motion was made by Councilmember Dawn Moore,seconded by Mayor Pro
Tem Bob Clark,to adopt this Ordinance amending the site plan of PD-15 for the
University Park Elementary School to allow for a sports court and shade
structure. The motion carried by the following vote:
Aye: 4- Mayor Davis, Mayor Pro Tern Clark, Councilmember Begert, and
Councilmember Moore
Nay: 1 - Councilmember Stewart
Enactment No ORD No.13/033
C. PZ 13-005 Public hearing on a request by SMU to change the zoning from Single
Family, SF-4 to University Campus, UC-2 zoning district classification,
on a tract of 2.66 acres more or less located north of McFarlin and
east of Airline Road.
Chief Planning Official Harry Persaud addressed the Council. He said SMU owns the
subject site and has requested rezoning of the tract to University Campus, UC-2
zoning district classification to allow for future development consistent with their long
range master plan. Mr. Persaud said until the future development plans are realized,
SMU proposes to construct a surface parking lot on the site to provide 215 parking
spaces. He said as part of the zoning consideration, SMU requests the City
abandon and convey public right-of-ways located on the property to the university.
He said SMU will provide the city with utility easements to access and maintain city
water and sewer lines located on the subject site.
Mayor Davis opened the public hearing. There were no requests to speak and Mayor
Davis closed the public hearing.
D. 13-270 Consideration of an ordinance granting approval for a change of
zoning from Single Family, SF-4 to University Campus, UC-2 zoning
district classification, on a tract of 2.66 acres more or less located
north of McFarlin and east of Airline Road.
A motion was made by Mayor Pro Tem Clark,seconded by Councilmember
Moore,that this Ordinance be adopted.The motion carried by the following
City of University Park Page 5
703
City Council Meeting Minutes November 5,2013
vote:
Aye: 5- Mayor Davis, Mayor Pro Tern Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
Enactment No: ORD No.13/034
E. 13-268 Consider and act on a request from SMU for the City to abandon
certain street and alley rights-of-way between Airline and Dublin
City Manager Livingston introduced the abandonment item. He stated as discussed
in the previous agenda item, as part of their rezoning request SMU has asked that
the City abandon street and alley rights-of-way in the rezoned area. He said the
Council should include the cost of the abandonment in the motion and cite inclusion
of the metes and bounds of the property in the abandoning ordinance.
A motion was made by Councilmember Bob Begert,seconded by Mayor Pro
Tem Bob Clark,to adopt the ordinance abandoning specific street and alley
rights-of-way to SMU for$3,895,000 and to include the metes and bounds in
the ordinance. The motion carried by the following vote:
Aye: 5- Mayor Davis, Mayor Pro Tern Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
Enactment No: ORD No.13/035
F. 13-185 Consideration of an ordinance amending Section 40 of the
Comprehensive Zoning Ordinance to amend the definition of
Community Center (Public)
A motion was made by Councilmember Stewart,seconded by Councilmember
Moore,that this Ordinance be tabled.The motion carried by the following vote:
Aye: 5- Mayor Davis, Mayor Pro Tern Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
G. 13-260 Consider Parks Department request for Aquatics Supervisor/Program
Specialist position
City Manager Livingston introduced the item. Director of Parks Gerry Bradley
discussed the staff request to add a full-time position to oversee operations of the
aquatic center, manage special events and act as liaison between the City, the YMCA
and HPISD with the Council. Councilmember Moore asked how the position will be
funded. Mr. Bradley stated funding is available in the current year pool operating
budget, including revenues generated from pool fees and other parks programming.
He said the some of the duties for the new position include oversight of lifeguard
certifications and any other requirements to conduct lifeguard business, and
responsibility for pool management starting with seasonal hiring in January through
closing the pool in October. Mr. Bradley said the position will also manage the nine or
ten special events offered by the City through the year, like the Eggstravaganza and
Movies in the Park. There were no more questions for Mr. Bradley and Mayor Davis
asked for a motion.
A motion was made by Mayor Pro Tem Clark,seconded by Councilmember
Begert,that this Action Item be approved.The motion carried by the following
vote:
Aye: 5- Mayor Davis, Mayor Pro Tern Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
City of University Park Page 6
704
City Council Meeting Minutes November 5, 2013
H. 13-262 Consider and act on an amendment to the animal impound agreement
with All American Animal Control
Acting Police Chief Greg Spradlin addressed the Council. He said the City entered
into agreement with All American Animal Control(AAAC) to provide animal control
and impound services. He mentioned AAAC has been doing a great job for the City
and it is a beneficial partnership. Chief Spradlin said the company has requested the
City provide support for new infrastructure at the company's facility to house the
animals impounded from University Park to include a variety of kennel sizes for dogs
and two storage facilities for impounded cats. He said the total cost fo the City is
$17,000.00. There were no questions for Chief Spradlin and Mayor Davis asked for
a motion.
A motion was made by Councilmember Moore,seconded by Councilmember
Begert,that this Action Item be approved.The motion carried by the following
vote:
Aye: 5- Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
V. PUBLIC COMMENTS
There were no requests to address the Council under Public Comments.
VI. ADJOURNMENT
Mayor Davis mentioned that several Youth Advisory Commission members were
present at the meeting and he asked the Council to stay over and chat with the YAC 'r
members for a brief period after the meeting.
As there was no further business, Mayor Davis adjourned the meeting.
Considered and approved thisl9th day of November 2013:
Mayor W Richard Davis
ATTE T: 4P:_*i._ '/� //1l�/
lizabe :pector, City Secret
400,
City of University Park Page 7