HomeMy WebLinkAbout2013.11.19 City Council AgendaCity Council
City of University Park
Meeting Agenda
City Hall
3800 University Blvd.
University Park, TX 75205
Council Chamber5:00 PMTuesday, November 19, 2013
EXECUTIVE SESSION
2:00 - 3:30 P.M. The City Council will meet in closed session pursuant to TGC
§551.072 to discuss confidential real estate matters and pursuant to TGC §551.074 to
discuss a contract with Assistant City Manager Robbie Corder. No action will be taken.
Executive Conference Room, 1st floor, City Hall.
PRE-MEETING WORK SESSION(S)
3:30 - 4 P.M. Fire Chief Randy Howell will provide the City Council with an overview of
municipal emergency management processes and the basics of emergency authority
for local officials in open work session. No action will be taken. Council Conference
Room, 2nd floor, City Hall.
4 - 5 P.M. The Council will meet in open work session to receive agenda item briefings
from staff. No action will be taken. Council Conference Room, 2nd floor, City Hall.
I.CALL TO ORDER
A.INVOCATION: Director of Human Resources Luanne Hanford
B.PLEDGE OF ALLEGIANCE: Director of Human Resources Hanford / Boy
Scouts
C.INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D.INTRODUCTION OF STAFF: City Manager Bob Livingston
II.AWARDS AND RECOGNITION
A.13-275 Swear in Greg Spradlin as University Park Chief of Police
Staff ReportAttachments:
III.CONSENT AGENDA
A.13-273 Consider and act on cooperative purchase of trailer and dump truck
Staff Report
FY14 Vehicle Purchases
Attachments:
Page 1 City of University Park Printed on 11/14/2013
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November 19, 2013City Council Meeting Agenda
B.13-278 Consider approval of Bid #13-07 - Annual Contract for Water Meters
and Brass Utility Parts
Staff Report
Master Tab - Utility Parts for Bid 13-07
Attachments:
C.13-274 Consider minutes of the November 5, 2013 City Council Meeting, with or
without corrections
Staff Report
2013.11.05 City Council Mtg Min
Attachments:
IV.MAIN AGENDA
A.13-185 Consider and act on an ordinance amending Section 40 of the
Comprehensive Zoning Ordinance to amend the definition of
Community Center (Public)
Staff Report
Ordinance to amend definition of community center
P&Z 6.11.13 Minutes
Attachments:
B.13-276 Discuss short-term home rentals in single-family neighborhoods and
provide direction to staff
Staff ReportAttachments:
V.PUBLIC COMMENTS
Anyone wishing to address an item not on the Agenda should do so at this time. Please
be advised that under the Texas Open Meetings Act, the Council cannot discuss or act
at this meeting on a matter that is not listed on the Agenda. However, in response to an
inquiry, a Council member may respond with a statement of specific factual information
or a recitation of existing policy. Other questions or private comments for the City
Council or Staff should be directed to that individual immediately following the meeting.
VI.ADJOURNMENT
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into Closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any Agenda items listed herein.
Page 2 City of University Park Printed on 11/14/2013
Page 2 of 47
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\908_City Council_11_19_2013\0001_1_Staff Report.docx 4:54 PM 11/14
AGENDA MEMO
11/19/2013 Agenda
TO: Honorable Mayor and City Council
FROM: City Manager Bob Livingston
SUBJECT: Swear in Greg Spradlin as Chief of Police
BACKGROUND:
Greg Spradlin has been appointed Chief of Police of the University Park Police
Department. He will be sworn in during the City Council Meeting on Tuesday, November
19. Spradlin has been serving as Interim Chief of Police since September, when Gary
Adams left the agency to head a police department in Arkansas.
Chief Spradlin joined the UPPD in 2004 after eighteen years with the City of Texarkana,
Texas Police Department. Working first as a patrol officer, in 2006 he was promoted to
Sergeant. Shortly after that he began supervising the department’s Criminal
Investigation Division. In 2009, Spradlin was promoted to Captain of the Operations
Division. Last May he took command of the department’s Support Services Division.
In addition to his extensive experience at patrol, operational and command levels, Chief
Spradlin holds a B.A in criminal justice from Texas A&M at Texarkana, and has a
master’s degree in management from Amberton University. A graduate of the FBI
National Academy in Quantico, Virginia, he is also certified as an Instructor and Master
Peace Officer by the Texas Commission on Law Enforcement.
RECOMMENDED ACTION:
Judge James Barklow, the City’s municipal judge, will swear in Chief Spradlin during the
meeting.
.
Page 3 of 47
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
S:\AGENDA MEMOS\11-19-13 BuyBoard purchase of Trailer and Dump Truck for IM.docx 2:32 PM 11/13
AGENDA MEMO
11/19/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Christine Green, Purchasing Agent
SUBJECT: Cooperative Purchase of Trailer and Dump Truck
BACKGROUND:
Following is a list of vehicles to be purchased as scheduled replacements in the City’s
fleet:
Vehicle Department Purchasing Coop Vendor Price
Wells Cargo
7’ x 14’ Cargo
Trailer – Model
#CW1422-102
Infrastructure
Maintenance
BuyBoard Contract
#425-13
Magnum Custom
Trailers $8,157.00
2014 Ford F550
XL with a 2/3
Yard Dump
Body
Infrastructure
Maintenance
BuyBoard Contract
#358-10 Chastang Ford $39,983.00
These purchases made through BuyBoard contracts satisfy the statutory competitive
bidding requirements. Attached are memos from Fleet Manager Jim Gau, Jr., along with
VPR forms and quotes.
RECOMMENDATION:
Staff recommends purchase of the vehicles listed above in the total amount of
$48,140.00.
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3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
AGENDA MEMO
11/19/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Christine Green, Purchasing Agent
SUBJECT: Bid #13-07 – Annual Contract for Water Meters and Brass Utility Parts
BACKGROUND:
Bid #13-07 for the annual contract for purchase of water meters and brass utility parts
opened September 13, 2013. The bid was posted on BidSync, and we received five
bids. These meters and utility parts are stocked by the Warehouse for issue to the
Utilities Division for the repair and maintenance of the City’s water and wastewater
infrastructure.
This award will establish a one-year initial contract period with two optional one-year
renewals.
The recommended bid award is based on the low responsive bid per item or group of
similar items as follows:
Atlas
All meters - Items 1-2
Estimated Annual Total = $234,430.00
Hughes/HD Supply
Items 3-8, 12-21, 25-26, 30, 33, 36, 40-41, 44-45, 51-54, 68, 76-79
Estimated Annual Total = $45,968.20
Fortiline
Items 9-11, 22-24, 27-29, 31-32, 34-35, 37-39, 42-43, 46-50, 56-67, 69-75, 80-96
Estimated Annual Total = $38,616.71
OVERALL ESTIMATED TOTAL (IF ALL PARTS & QUANTITIES ARE PURCHASED) =
$ 319,014.91
RECOMMENDATION:
Staff recommends accepting the bids of Atlas, Hughes/HD Supply, and Fortiline in the
estimated annual total amount of $319,014.91. A bid tabulation is included.
Page 22 of 47
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Page 23 of 47
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6
Page 24 of 47
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Page 28 of 47
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\908_City Council_11_19_2013\0004_1_Staff Report.docx 4:54 PM 11/14
AGENDA MEMO
11/19/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Liz Spector, City Secretary
SUBJECT: Minutes of the November 5, 2013 City Council Meeting
BACKGROUND:
Minutes of the November 5, 2013 City Council Meeting are included for the Council’s review.
RECOMMENDATION:
Review and recommend approval or correction of minutes.
Page 29 of 47
City Hall
3800 University Blvd.
University Park, TX 75205
City of University Park
Meeting Minutes
City Council
5:00 PM Council ChamberTuesday, November 5, 2013
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 Tem 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 ORDERI.
ROLLCALL
Mayor W. Richard Davis, Mayor Pro Tem Bob Clark, Councilmember Bob
Begert, Councilmember Dawn Moore and Councilmember Tommy Stewart
Present:5 -
Also seated on the dais were City Attorney Robert L. Dillard, III and City Manager
Bob Livingston.
INVOCATION: Councilmember Dawn MooreA.
PLEDGE OF ALLEGIANCE: Councilmember Moore / Boy ScoutsB.
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.
INTRODUCTION OF COUNCIL: Mayor W. Richard DavisC.
INTRODUCTION OF STAFF: City Manager Bob LivingstonD.
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
Page 1City of University Park
Page 30 of 47
November 5, 2013City Council Meeting Minutes
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.
AWARDS AND RECOGNITIONII.
13-261A.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.
CONSENT AGENDAIII.
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:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
13-257A.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.
13-265B.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.
13-259C.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
13-258D.Consider and act on minutes of the October 15, 2013 City Council
Meeting with or without corrections
The minutes were approved as submitted.
MAIN AGENDAIV.
Page 2City of University Park
Page 31 of 47
November 5, 2013City Council Meeting Minutes
PZ 13-004A.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
Page 3City of University Park
Page 32 of 47
November 5, 2013City Council Meeting Minutes
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 HPISD 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.
13-267B.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
Page 4City of University Park
Page 33 of 47
November 5, 2013City Council Meeting Minutes
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:Councilmember Begert, and Councilmember Stewart2 -
Nay:Mayor Davis, and Councilmember Moore2 -
Abstain:Mayor Pro Tem Clark1 -
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:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, and
Councilmember Moore
4 -
Nay:Councilmember Stewart1 -
Enactment No: ORD No.13/033
PZ 13-005C.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.
13-270D.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
Page 5City of University Park
Page 34 of 47
November 5, 2013City Council Meeting Minutes
vote:
Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
Enactment No: ORD No.13/034
13-268E.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:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
Enactment No: ORD No.13/035
13-185F.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:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
13-260G.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:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
Page 6City of University Park
Page 35 of 47
November 5, 2013City Council Meeting Minutes
13-262H.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:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
PUBLIC COMMENTSV.
There were no requests to address the Council under Public Comments.
ADJOURNMENTVI.
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
members for a brief period after the meeting.
As there was no further business, Mayor Davis adjourned the meeting.
Considered and approved this19th day of November 2013:
______________________________________________
Mayor W. Richard Davis
ATTEST:
______________________________________________
Elizabeth Spector, City Secretary
Page 7City of University Park
Page 36 of 47
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\908_City Council_11_19_2013\0005_1_Staff Report.docx 4:54 PM 11/14
AGENDA MEMO
11/19/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Harry Persaud, Chief Planning Official
SUBJECT: Consideration of an ordinance amending Sec. 40 of the Comprehensive
Zoning Ordinance to amend the definition of Community Center (Public)
BACKGROUND:
The current definition of Community Center (Public) in the Comprehensive Zoning
Ordinance is as follows:
“A building and grounds owned and operated by the City of University Park for
the social and recreational benefit of the citizens."
Staff is proposing to amend the ordinance to provide for a new and broader definition of
Community Center (Public) as follows:
“Community Center (Public) means a building and/or grounds owned and/or
operated by the City of University Park or any agent, partner or designee of the
City that provides recreational or social services for the benefit of the citizens.”
A public notice for the proposed amendment was published in The Park Cities News on
May 30, 2013 and June 27, 2013, as required by State Law and the Comprehensive
Zoning Ordinance. City Council conducted a public hearing on this item at its regular
meeting on July 16, 2013.
RECOMMENDATION:
The Planning and Zoning Commission considered this item at its regular meeting on
June 11, 2013 and voted unanimously to recommend approval.
Page 37 of 47
ORDINANCE NO. _____________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING
SECTION 40 ‘GENERAL DEFINITIONS” IN PART, TO PROVIDE A
DEFINITION OF COMMUNITY CENTER (PUBLIC); 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.
WHEREAS, the Planning and Zoning Commission of the City of University Park
and the City Council of the City of University Park, in compliance with the laws of the
State of Texas with reference to the granting of zoning classifications and changes, have
given the requisite notices by publication and otherwise, and have held due hearings and
have forwarded a full and fair hearing to all property owners generally, and City Council
of the City of University Park is of the opinion and finds that said zoning changes should
be granted and that the Comprehensive Zoning Ordinance should be amended; Now,
Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance of the City of
University Park, Texas, is hereby amended by amending Section 40 “General
Definitions” in part to provide a definition of “Community Center (Public)” as follows:
“Section 40 General Definitions
…
Community Center (Public) means a building and/or grounds owned and/or operated by
the City of University Park or any agent, partner or designee of the City that provides
recreational or social services for the benefit of the citizens.
….”
SECTION 2. All ordinances of the City of University Park in conflict with the
provisions of this ordinance are hereby repealed.
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SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase
or section of this ordinance, or the Comprehensive Zoning Ordinance, as amended
hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than
the part so declared to be invalid, illegal or unconstitutional, and shall not affect the
validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 4. That any person, firm or corporation violating any of the
provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended
hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal
court of the City of University Park, Texas, shall be punished by a fine to exceed the sum
of two thousand dollars ($2,000.00) for each offense, and each and every day such
violation shall continue shall be deemed to constitute a separate offense.
SECTION 5. This ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on
the 5th day of November 2013.
APPROVED:
____________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
____________________________________
LIZ SPECTOR, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
CITY ATTORNEY
(RLD/07/10/13)(61361)
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ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING
SECTION 40 “GENERAL DEFINITIONS” IN PART, TO PROVIDE A
DEFINITION OF COMMUNITY CENTER (PUBLIC); 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.
Duly passed by the City Council of the City of University Park, Texas, on the 5th
day of November 2013.
APPROVED:
____________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
____________________________________
LIZ SPECTOR, CITY SECRETARY
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3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\908_City Council_11_19_2013\0006_1_Staff Report.docx 4:55 PM 11/14
AGENDA MEMO
11/19/2013 Agenda
TO: Honorable Mayor and City Council
FROM: Robbie Corder, Assistant City Manager
SUBJECT: Short-term single-family home rentals
BACKGROUND:
Numerous websites now allow property owners to list single-family homes available for
short-term rental. Typically, a short-term rental is for a period of time less than seven (7)
days, and is associated with a vacation, business trip, or special event. The
Comprehensive Zoning Ordinance of the City of University Park does not regulate or
address short-term rentals; therefore, property owners have the ability to rent property
for any length of time.
Staff has been contacted by residents expressing concerns with properties that lease on
a short-term basis. These residents have requested the City Council consider
regulations to specifically address short-term rentals in single-family zoned districts.
Staff believes there are currently no regulations in place that would allow successful
enforcement against short-term rentals; consequently, an amendment to the Zoning
Ordinance will be necessary if the Council desires to regulate short-term rentals in
single-family districts.
RECOMMENDATION:
Staff recommends the City Council refer this item to the Zoning Ordinance Advisory
Committee for additional consideration.
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