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Home My WebLink About10-22-03310 MINUTES #232O CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, OCTOBER 22, 2003 AT 7:30 A.M. Mayor Pro Tempore Dick Davis opened the meeting. Present were Councilmembers Jim Roberts, Harry Shawver and Blackie Holmes. Also in attendance were City Manager Bob Livingston, City Secretary Nina Wilson and City Attorney Rob Dillard. Mayor Harold Peek was absent and excused. ITEMS FROM THE FLOOR Ms. Gloria Wise, 3444 University, requested the City investigate the possibility of grinding down the sidewalks in the City that are at a certain height rather than have homeowners replace them. MAIN AGENDA Mayor Pro Tem Davis opened the public hearing for discussion on the ordinances dealing with the continued use of existing portable buildings at the Highland Park Independent School District Administration Building, Highland Park Middle School, Hyer Elementary School and University Park Elementary School. As there was no discussion, Mayor Pro Tern Davis closed the public hearing. PUBLIC HEARING AND ORDINANCE TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 17 FOR 7011 WESTCHESTER DRIVE, HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT ADMINISTRATION BUILDING, ALLOWING CONTINUED USE OF AN EXISTING PORTABLE BUILDING FOR GENERAL OFFICE SPACE THROUGH JULY 2008: On September 15, 2003, the Planning & Zoning Commission approved a request by the Highland Park Independent School District to allow an extension for the continued use of existing portable classrooms through July 2008. ORDINANCE NO. 03/27 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 THE APPROVED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 17 FOR THE HIGHLAND PARK HIGH SCHOOL AT 7015 WESTCHESTER DRIVE, MORE PARTICULARLY DESCRIBED AS LOTS 1-9, BLOCK 9, OF METHODIST UNIVERSITY ADDITION AND BLOCKS 1 AND 2 OF THE OXFORD MANOR ADDITION, ADDITIONS TO THE CITY OF UNWERSITY PARK, DALLAS COUNTY, TEXAS; 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. 311 PUBLIC HEARING AND ORDINANCE TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 19 FOR 3555 GRANADA, HIGHLAND PARK MIDDLE SCHOOL, BY THE HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT TO ALLOW CONTINUED USE OF AN EXISTING PORTABLE CLASSROOM THROUGH JULY 2008: On September 15, 2003, the Planning & Zoning Commission approved a request by the Highland Park Independent School District to allow an extension for the continued use of existing portable classrooms through July 2008. ORDINANCE NO. 03/28 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, PLANNED DEVELOPMENT DISTRICT NO. 19 BY APPROVAL OF AN AMENDED SITE PLAN FOR THE HIGHLAND PARK MIDDLE SCHOOL, MORE PARTICULARLY DESCRIBED AS BLOCK E OF THE UNIVERSITY ANNEX ADDITION, FIRST INSTALLMENT, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, COMMONLY KNOWN AS 3555 GRANADA; 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. PUBLIC HEARING AND ORDINANCE TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 16, 3920 CARUTH BOULEVARD, HYER ELEMENTARY SCHOOL, BY THE HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT TO ALLOW CONTINUED USE OF AN EXISTING PORTABLE CLASSROOM THROUGH JULY 2008: On September 15, 2003, the Planning & Zoning Commission approved a request by the Highland Park Independent School District to allow an extension for the continued use of existing portable classrooms through July 2008. ORDINANCE NO. 03/29 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNWERSITY PARK, AS HERETOFORE AMENDED, PLANNED DEVELOPMENT DISTRICT NO. 16 BY APPROVAL OF AN AMENDED SITE PLAN FOR THE ROBERT S. HYER ELEMENTARY SCHOOL AT 3920 CARUTH, UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS LOTS 1-18, BLOCK 39, OF THE UNIVERSITY HEIGHTS NO. 4 ADDITION REVISED, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; 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. PUBLIC HEARING AND ORDINANCE TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 15, 3505 AMHERST, UNIVERSITY PARK ELEMENTARY SCHOOL, BY 312 THE HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT TO ALLOW CONTINUED USE OF AN EXISTING PORTABLE CLASSROOM THROUGH JULY 2008: On September 15, 2003, the Planning & Zoning Commission approved a request by the Highland Park Independent School District to allow an extension for the continued use of existing portable classrooms through July 2008. ORDINANCE NO. 03/30 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, PLANNED DEVELOPMENT DISTRICT NO. 15 BY APPROVAL OF AN AMENDED SITE PLAN FOR THE UNIVERSITY PARK ELEMENTARY SCHOOL AT 3505 AMHERST, UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS LOTS 1-26, BLOCK C, OF THE UNWERSITY HEIGHTS ADDITION REVISED, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, RECORDED IN VOLUME 3, PAGE 383 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS; 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. Councilmember Roberts moved approval of the ordinances amending Planned Development Districts Nos. 17, 19, 16 and 15. Councilmember Holmes seconded, and the vote was unanimous to approve each of the ordinances dealing with the portable classrooms. CONSIDER ZONING ORDINANCE AMENDMENT TO ADOPT COMMERCIAL BUILDING HEIGHTS: A recommendation was made by the Planning & Zoning Commission on March 17, 2003 to place the following height restrictions on commercial properties: · PD-1-R (Snider Plaza) - 40 feet overall · PD-2-R (Miracle Mile) - 26 feet, with an additional 9-foot allowance for equipment & screening · General Retail (GR) - 40 feet overall Discussions have taken place with a number of Snider Plaza property owners regarding the impact the proposed height restrictions would have on their properties, their ability to build on the property, or their ability to sell the property. After reviewing the comments and suggestions from property owners, it was suggested that staff, the Planning & Zoning Commission, and the City Council explore other design opportunities for these retail districts. Mr. Taylor Armstrong, Architect with Leo A. Daly, who had been asked to assist in these discussions, presented a few height design options. It appears that an opportunity exists to implement various height "restrictions" that may result in more favorable roof and facade designs. Staff recommended the proposed ordinance amending the maximum building heights in the PD- I-R, PD-2-R, and General Retail zoning districts be rejected. Staff will continue in discussions with Mr. Armstrong and others to bring a new ordinance to the Planning & Zoning Commission that will create a more favorable set of design opportunities for both the City and the retail property owners. Councilmember Shawver moved approval of the rejection of the ordinance amendment. Councilmember Roberts seconded, and the vote was unanimous to deny the ordinance amendment. 313 CONSIDER WATERMARK COMMUNITY CHURCH'S REQUEST TO USE BURLESON PARK FOR CHURCH PICNIC NOVEMBER 2, 2003: Stacy Kazee, Assistant to Jay Jacobs, and Becky Duncan, both representing the church, informed Council that the picnic will be from 10:30a.m. to 1:30 p.m. Approximately 700 people are expected to attend. Council cautioned against using a loud volume for the music that will be played. Since parking will be a problem, the church was asked to see if SMU would allow them to use the parking garage at the comer of Airline and Daniel, which SMU agreed to do. City Attorney Rob Dillard requested the church give Police Chief Gary Adams a letter stating SMU approved church members parking in the garage and to also remind church members to do so. Mayor Pro Tem Davis requested the church notify the neighbors that there will be an event in the park by passing out flyers. Councilmember Roberts cautioned against blocking the neighbors' driveways. Councilmember Holmes moved approval of the request. Councilmember Roberts seconded, and the vote was unanimous to allow the church to use Burleson Park on November 2, 2003. DISCUSS UTILITY REPLACEMENT ISSUES ASSOCIATED WITH RECONSTRUCTION OF LOVERS LANE: During the recent design of Lovers Lane from Hillcrest to Noah Central Expressway, an existing sanitary sewer was discovered in the intersection of Hillcrest and Lovers Lane that is so shallow it will interfere with the reconstruction of the pavement. The only solution is to install a new sanitary sewer from Thackery to Hillcrest, as Thackery is the closest location with sufficient depth to correct the problem. An alternative would be to postpone reconstruction of the Hillcrest intersection at this time and address the issue when the Hillcrest/Thackery section of Lovers Lane is reconstructed in the furore. However, at that time, the traffic at Noah Central Expressway will not be blocked off, and dealing with Hillcrest and Lovers Lane traffic will be very difficult. Councilmember Roberts moved approval to replace the sanitary sewer now. Councilmember Holmes seconded, and the vote was unanimous to approve replacement now rather than in the future. DISCUSS PROPOSED STORM WATER UTILITY: An unfunded federal mandate promulgated by the Environmental Protection Agency will take effect for local governments beginning in 2004. The mandate, administered by the Texas Commission on Environmental Quality (TCEQ), requires cities to initiate several new activities aimed at improving the quality of storm water. The City contracted with HDR Engineering to assist with the creation of a storm water management plan, which must be submitted to the TCEQ. Compliance with the new law will mean increased expenditures for the City of University Park. Significant portions of the hard surfaces, which contribute to storm water runoff within the City, are owned by entities that do not contribute tax dollars to the City. Consequently, the financial burden of complying with the new legislation falls entirely on those individuals and businesses that currently pay property taxes. In an attempt to make the financial burden of this new program more representative of the contributions to the problem, staff has pursued the feasibility of a storm water utility that would be paid by all property owners within the City (governmental entities, city and Highland Park Independent School District excluded). HDR's scope of work was expanded to include a feasibility study for the creation of a storm water utility. HDR has worked with staff to develop a proposed storm water utility rate structure. Great effort was made to ensure that the fee charged to each resident would be uniformly based on the property's contribution to storm water runoff. Staff is still collecting that data and forwarding it to HDR. When the data collection is complete, HDR will provide the City with a final report on its findings. The earliest time to bring the matter before Council again would be at a special meeting called for December 20th. 314 CONSIDER BID FOR CURB, GUTTER AND CONCRETE REPAIRS AT VARIOUS LOCATIONS, PROJECT NO. 42991: Ken-Do Contracting submitted a bid for labor and materials in the amount of $1,739,127.20. Councilmember Roberts moved approval of the bid. Councilmember Holmes seconded, and the vote was unanimous to accept the contract. CONSIDER ENGINEERING PROPOSAL WITH GSWW, INC. TO PROVIDE ENGINEERING SERVICES ASSOCIATED WITH SANITARY SEWER COLLECTION SYSTEM FLOW METERING AND ANALYSIS: In 1996, GSWW, Inc. developed a report that identified certain deficiencies in the City's sanitary sewer collection system. Specifically, metering and smoke testing were conducted to locate sources of extraneous flows (groUndwater and runoff from rainfall events) and compared to the flow data during dry and wet weather periods. In the seven years since the study, staff has administered several projects involving reconstruction of identified sources of infiltration-inflow. The proposal details the engineering services associated with quantifying the anticipated reduction in infiltration-inflow in the sanitary sewer system. The results should also address wet weather flows/capacity in the trunk sewer through the Town of Highland Park. Councilmember Holmes moved approval of the proposal. CoUncilmember Shawver seconded, and the vote was unanimous to approve the proposal in the amoUnt of $38,080. CONSIDER ORDINANCE AMENDING FY2004 BUDGET TO CARRY FORWARD FY2003 ENCUMBRANCES AND AUTHORIZE TRANSFERS TO CAPITAL PROJECTS FUND: The ordinance would amend the FY2004 budget to carry forward funds encumbered at the end of FY03, thus making them available for expenditure in the current fiscal year. The total encumbrances of $1,104,513 include $659,590 from the General FUnd, $428,436 from the Utility Fund, and $16,487 from the Sanitation Fund. Without this amendment, the City could not expend these funds without exceeding the adopted budget. The ordinance would also authorize the transfer of $4,549,308 from the annual operating budget to the Capital Projects Fund ($2,681,063 General Fund; $1,868,245 Utility Fund). The use of these funds for capital projects was approved as part of the budget adoption process. The ordinance formalizes the transfer. CoUncilmember Shawver moved approval of the ordinance. Councilmember Holmes seconded, and the vote was Unanimous to approve amending the FY2004 Budget. ORDINANCE NO. 03/31 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2003-2004 FISCAL YEAR BUDGET, ORDINANCE NO. 03/22, TO CARRY FORWARD ENCUMBRANCES FROM THE 2002-2003 FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $659,590.34, UTILITY FUND ENCUMBRANCES OF $428,435.77, AND SANITATION FUND ENCUMBRANCES OF $16,486.53; AMENDING ORDINANCE NO. 03/22 TO TRANSFER FUNDS FROM THE FISCAL YEAR 2004 GENERAL FUND AND UTILITY FUND INTO THE CAPITAL PROJECTS FUND; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PURCHASE OF REPLACEMENT VEHICLES FOR SANITATION, STREET AND UTILITIES DEPARTMENTS: A 16-yard rear loader and three 5-6 yard dump trucks are scheduled for replacement this year. Replacement vehicles are available through the Houston- Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program with whom the City has had an Interlocal Agreement since 1994. The rear loader purchase price is 315 $84,664.85 from Santex Truck Center in San Antonio and is 4% more than the last rear loader purchased in December 2001 for $81,043.00 via Bid #02-02. The purchase price for each of the three dump trucks is $51,975.92 for a total amount of $155,927.76. This is $5,732.08 less per truck than the last dump truck purchase in February 2001 via Bid #01-03. The total cost for all four vehicles is $236,970.76. Councilmember Roberts moved approval of the purchase. Councilmember Shawver seconded, and the vote was unanimous to approve the purchase of a 16-yard rear loader for the Sanitation Department and three 5-6 yard dump trucks, one for the Street Department and two for the Utilities Department. CONSENT AGENDA CONSIDER COMBINATION OF ONE-HALF DAYS AT CHRISTMAS AND NEW YEAR'S FOR CITY EMPLOYEES: The City's holiday schedule calls for employees to have paid holidays on Christmas Day and New Year's Day along with one-half day on both Christmas and New Year's Eve. Since Christmas is on Thursday this year, the City would like to schedule a full day off on Friday, December 26th. All City facilities will be closed on Thursday and Friday, December 25th and 26th. Police and Fire will continue to operate in their normal manner. Sanitation, which normally works 1 O-hour days on Monday, Tuesday, Thursday, and Friday, will work Friday and Saturday but have all day Wednesday and Thursday off. Any employee working a holiday has the option to either receive an alternative day off or be paid for the day. CONSIDER BID #03-12 FOR ANNUAL CONTRACT FOR BULK AND BAGGED CEMENT: Cemex submitted the low bid of $5.55 per bag on the bagged Type 1 Portland cement. This price is S0.10/bag lower than last year's price. TXI submitted the low bid of $78.00 per ton on bulk Type 1 Portland cement. This price is $10.00/ton cheaper than last year's price. Based on cement purchases in 2002, the City will spend approximately $42,500.00 through these contracts. CONSIDER BID #03-13 FOR ANNUAL CONTRACT FOR READY-MIX CONCRETE: Beall Concrete submitted the low bid of $65.00 per cubic yard. This price is $4.00 per cubic yard less than last year's contract price. Collins Concrete submitted the second low bid of $67.00 per cubic yard, and the Street Department would like to list them as a secondary, back-up vendor. There being no further business, the meeting was adjourned into an Executive Session at 8:30 a.m. under Section 551.071 of the Texas Government Code for consultation with the City Attomey. The Executive Session was adjourned at 8:55a.m. No action was voted on or .taken during t, hq meeting. Passed and appr°ved this 1 lth day °fN°vember 2003' /~A.&4d,,fl ~ Harold Peek, Mayor' ATTEST: gi_o.~Wil ~,~"~ ity-'~cret ary