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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBER
TUESDAY, DECEMBER 9, 2003 AT 5:00 P.M.
Mayor Harold Peek convened the City of University Park City Council into Executive Session at
3:32p.m.to receive legal advice from the City Attorney under Section 551.071 of the Texas
Government Code. The Executive Session was adjourned at 4:20p.m. No action was voted on
or taken during the meeting.
Mayor Harold Peek then opened the regular meeting of the City Council. Present were Mayor
Pro Tempore Dick Davis, Councilmembers Jim Roberts, Harry Shawver and Blackie Holmes.
Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City
Secretary Nina Wilson.
AWARDS AND REQUESTS FROM CITIZENS
PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN
FINANCIAL REPORTING: For the 5th year in a row, the Government Finance Officers
Association (GFOA) awarded a Certificate of Achievement for Excellence in Financial
Reporting (CAFR) to the City of University Park. Finance Director Kent Austin recognized City
Controller Tom Tvardzik and Accounting Manager Judy Martin for the work they did in
producing the report.
DEPARTMENT PINS: City Manager Bob Livingston presented Municipal Court Administrator
Linda Williams and Police Lt. Keith Burks with 25-year department pins and Sanitation Driver
Raul Orozco with a 15-year department pin for a total of 65 years of service to the City.
EMPLOYEE RECOGNITION AWARD: Bud Smallwood presented Code Inspection Officer
Russell Craig with a recognition award for his assistance to a citizen who had a flat tire in the
middle of traffic. Councilmember Jim Roberts presented him with a check and expressed the
City's gratitude.
BOY SCOUTS OF AMERICA: Boy Scouts Michael Hawes, Trey Laidlaw, Connor Patman,
Geoffrey Pingree and Fred Wesner introduced themselves, giving their troop number and the
merit badge on which they were working.
Mayor Pro Tem Davis moved acceptance of the Consent Agenda. Councilmember Roberts
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER PURCHASE OF CONCRETE PAVEMENT BREAKERS AND TRAILER-
MOUNTED PRESSURE WASHER: The City's existing pavement breakers were purchased in
1987 and 1990. The two new ones will be for the Utilities and Streets Divisions at a cost of
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$65,400 each. The City's existing pressure washer was purchased in 1992. The new trailer-
mounted pressure washer will be for the Traffic Control Division and will cost $12,533. All three
pieces are included on the City's equipment replacement schedule and have been retained
beyond their expected useful lives. The bid was awarded to United Rentals for the pavement
breaker and KRP Industries for the pressure washer.
CONSIDER PROPOSAL IN THE AMOUNT OF $23,100 FROM CARTEGRAPH FOR
PROFESSIONAL SERVICES ASSOCIATED WITH FUTURE PURCHASE AND
IMPLEMENTATION OF ASSET MANAGEMENT SOFTWARE: R.L. Goodson Consulting
Engineers will provide surveying and field data collection for a digital map of the City's utility
infrastructure; however, the mapping must be supplemented with additional data for use with the
Geographic Information System (GIS). The Asset Management Software developed by
CarteGraph Systems provides services necessary to develop workflow process and coordination
with other softwares. Their staff will work with the City and in coordination with R. L. Goodson
Consulting Engineers to determine the most efficient means to collect the data, download the
information and link it to the map.
CONSIDER FINAL PAYMENT FOR MANHOLE REHABILITATION AT VARIOUS
LOCATIONS THROUGHOUT THE CITY, PROJECT NO. 45610: A payment in the amount of
$4,876.56 will be paid to CLS Service & Supply, Inc.
CONSIDER FINAL PAYMENT TO CUTLER REPAVING FOR IN-PLACE RECYCLING AT
VARIOUS LOCATIONS THROUGHOUT THE CITY, PROJECT NO. 42691: Final payment
will be in the amount of $382,889.15 for work performed and materials fumished.
CONSIDER PURCHASE OF CITRIX METAFRAME SERVER SOFTWARE FOR SECURE
NETWORK ACCESS FROM HOME AND EFFICIENT MIS MANAGEMENT OF
SOFTWARE APPLICATIONS: To support the City with a staff of three (3) MIS personnel, the
department has pursued ways to become more efficient and also make day-to-day upgrades and
the problem management process easier. Citrix MetaFrame will move the City in that direction.
It is installed in 120,000 corporations worldwide and in 99% of Fortune 500 companies.
Purchase of the software and implementation consulting from Vector ESP is $14,817 and two
Dell Servers are required at a cost of $8,332.26 for a grand total of $23,149.26.
CONSIDER PURCHASE OF THREE 3/4 TON PICKUP TRUCKS FROM HOUSTON-
GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING
PROGRAM (H-GAC): The pickup trucks have been scheduled for replacement in 2003. The
total cost for the three vehicles is $55,807.
CONSIDER RESOLUTION NAMING THE PARK CITIES NEWS OFFICIAL NEWSPAPER
FOR ORDINANCES, LEGAL NOTICES AND ADVERTISEMENTS: Resolution No. 03-15
designates The Park Cities News as the official newspaper in the City of University Park. On
February 21, 2001, the Council had designated the Park Cities People as the official newspaper
for the City based on a bid of "no cost" for the publication of all future ordinances, legal notices
and advertisements. However, according to a letter from the Park Cities People Publisher, Ms.
Pat Martin, dated November 7, 2003, the paper will no longer provide public and legal notices at
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no charge beginning December 15, 2003. A letter dated February 9, 2001 from The Park Cities
News Publisher Marj Waters, had stated The Park Cities News would publish ordinances, legal
notices and advertisements at "no cost" for a period of three (3) years; therefore, the City
Council believes that it is now in the best interest of the City to designate The Park Cities News
as the official newspaper for the City of University Park.
RESOLUTION NO. 03-15
A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS APPOINTING AN
OFFICIAL PUBLIC NEWSPAPER FOR THE PUBLICATION OF ORDINANCES, LEGAL
NOTICES, AND ADVERTISEMENTS.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For November 11,
2003.
MAIN AGENDA
PUBLIC HEARING & ORDINANCE TO AMEND PLANNED DEVELOPMENT DISTRICT
NO. 22 (6101 HILLCREST): The applicant sought an amendment to the existing planned
development in order to add an additional floor to the building. Before the public hearing was
opened, City Attorney Rob Dillard addressed the issue of serving alcohol in the hotel restaurant
stating that permission to serve alcohol comes from the Texas Alcoholic Beverage Commission
(TABC) and is outside the control of the City. Mayor Peek then opened a public hearing. Mr.
Art Anderson, Eureka Holdings, representing the 6101 Hillcrest Group, L.P., made a brief
statement describing the property. There are plans for 52 rooms with 52 parking spaces. The
hotel will have an asking price of $125.00 to $200.00 per night. Mayor Peek recognized nine (9)
citizens in favor of the project and six (6) in opposition. Mayor Peek closed the public hearing.
Mayor Pro Tem Davis stated his concern regarding the addition of a fourth floor and the
Council's need for more time to absorb the details of the amendment. Councilmember Holmes
agreed and made a motion to table the ordinance amendment until the next meeting. Mayor Pro
Tem Davis seconded, and the vote was unanimous to table the request until January 6, 2004.
CONSIDER RESIDENTIAL PARKING 3800 BLOCK MCFARLIN: Residents in the 3800
block of McFarlin requested a Residential Parking Only designation. The Council has
continually denied such requests in the past with the exception of the Residential Parking Zone
around Highland Park High School, which was done at the urging of the staff, school and
residents in the area. There have been no reported accidents in the 3800 block of McFarlin in the
past three (3) years, and emergency equipment can respond to and through the area without any
problems. Mr. Robert Higginbotham, 6153 Glennox Lane, Dallas, Texas 75214, Scoutmaster
For Boy Scout Troop No. 82, Highland Park Presbyterian Church, spoke in opposition to the
request. Six (6) other citizens attending the meeting also opposed the request. Mr. Rex Curtis,
Director of Facilities at Highland Park Presbyterian Church represented Dr. Ron Scates, Senior
Minister, stating the church wishes to be a good neighbor and would defer to the
recommendation of the Chief of Police. Councilmember Holmes moved the request be denied.
Mayor Pro Tem Davis seconded, and the vote was unanimous to deny Residential Parking Only
in the 3800 block of McFarlin.
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CONSIDER PETITION FOR RESIDENTIAL PARKING 3400 BLOCK GRANADA: Residents
in the 3400 block of Granada requested a Residential Parking Zone Ordinance for their block on
the north side only, due to the inconvenience created during school hours at McCulloch
Intermediate School as well as events at Southern Methodist University (SMU). Residents
believe there are ample parking spaces on the school's parking lot and at SMU; however, a check
with a school district official indicates there is not sufficient parking on both lots for faculty,
staff and volunteers. There are days when meetings such as the PTA and Dad's Club require
additional space for parking. A request for the same restricted parking was denied for the 3500
block of Granada on September 5, 2002. Ms. Sherry Gottsacker, 3422 Granada, represented
those wishing the Residential Parking Zone Ordinance. Mayor Pro Tem Davis stated that
residential parking zones are not granted because traffic experts do not believe they are helpful
and only push cars to other blocks. Councilmember Shawver moved the request be denied.
Councilmember Holmes seconded, and the vote was unanimous to deny a Residential Parking
Zone Ordinance in the 3400 block of Granada.
CONSIDER ORDINANCE AMENDMENT OF THE PLAZA AT PRESTON CENTER
SPECIAL SIGN DISTRICT: The amendment includes the placement of three (3) lighted
"pylons" at the entrance to Preston Center at Villanova and Preston. The pylons will be used to
display tenant names that do not have frontage along Preston or Northwest Highway. The Urban
Design and Development Advisory Committee felt the pylons would be an enhancement to the
Preston Center's entrance and a great improvement over the existing tenant sign. Mayor Pro
Tem Davis moved approval of the ordinance to amend Ordinance No. 90/6 allowing three (3)
lighted pylons to be used as tenant signage at Villanova and Preston. Councilmember Holmes
seconded, and the vote was unanimous to approve the ordinance amendment.
ORDINANCE NO. 03/32
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE PLAZA AT PRESTON
CENTER BY DESIGNATING SPECIFICATIONS FOR PYLON SIGNS AND SIGN PLATES
FOR TENANTS, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR APPROVAL
OF A SITE PLAN ATTACHED HERETO AS EXHIBIT "B" 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.
CONSIDER ORDINANCE AMENDING BUDGET FOR ADDITIONAL $200,000 FOR FIRE
DEPARTMENT COMPRESSED AIR FOAM SYSTEM AND COMMAND
VEHICLE/RESERVE MICU AND TO INCREASE BY $1,000 THE GENERAL FUND PARK
DEPARTMENT SUPPLIES & MATERIALS ACCOUNT BUDGET: The cost of the
compressed air foam (CAF) system is $35,000 and the command vehicle/reserve MICU is
$165,000. The Park Department has received a donation of $1,000 to purchase new Christmas
lights along Preston Parkway. Councilmember Holmes moved approval of the amendment.
Mayor Pro Tem Davis seconded, and the vote was unanimous to approve the amended
ordinance.
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ORDINANCE NO. 03/33
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE 2003-2004 FISCAL YEAR BUDGET, ORDINANCE NO. 03/22, TO TRANSFER
$200,000.00 FROM THE GENERAL FUND UNRESERVED FUND BALANCE TO THE
GENERAL FUND FIRE DEPARTMENT BUDGET: TO INCREASE BY, $1,000.00 THE
GENERAL FUND PARKS DEPARTMENT "SUPPLIES AND MATERIALS" ACCOUNT
BUDGET; AND TO INCREASE BY $1,000 THE GENERAL FUND "OTHER REVENUE"
ACCOUNT BUDGET; AND PROVIDING AN EFFECTIVE DATE.
CONSIDER BID FOR COMPRESSED AIR FOAM (CAF) SYSTEM: Emergency Vehicles of
Texas bid $33,580 for the compressed air foam system. Mayor Pro Tem Davis moved approval
of the bid. Councilmember Holmes seconded, and the vote was unanimous to accept the bid for
the compressed air foam system.
CONSIDER REQUEST TO ABANDON SANITARY SEWER EASEMENT AT 6821 GOLF
DRIVE: Lewis Russel Homes requested the City abandon the sanitary sewer easement at 6821
Golf Drive. The company's representative, David Coats, has been informed that the
abandonment is subject to his conversion of the service line to the new sewer in front of the
home at 6821 Golf Drive and at 6825 Golf Drive, the home of Carlton Meredith. Mr. Coats is
making arrangements with his plumbing contractor for both service relocations. Staff will
determine the fair market value of the property. Councilmember Holmes moved approval of the
request. Councilmember Roberts seconded, and the vote was unanimous to abandon the sanitary
sewer easement at 6821 Golf Drive.
CONSIDER ORDINANCE FOR "NO LEFT TURN" EASTBOUND BINKLEY AT HIGH
SCHOOL BETWEEN 2:30-4:30P.M. ON SCHOOL DAYS: This ordinance was proposed in an
effort to help mitigate traffic congestion around the middle school. Councilmember Holmes
moved approval of the ordinance. Councilmember Roberts seconded, and the vote was
unanimous to approve the "No Left Turn" ordinance.
ORDINANCE NO. 03/34
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING
OPERATORS OF MOTOR VEHICLES FROM MAKING LEFT TURNS WHILE
TRAVELLING EASTBOUND ON BINKLEY STREET AT ITS INTERSECTION WITH HIGH
SCHOOL AVENUE BETWEEN 2:30 P. M. AND 4:30 P. M. ON SCHOOL DAYS; 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
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
CONSIDER ORDINANCE AMENDING SECTION 5.107 OF THE 2000 INTERNATIONAL
FIRE CODE REQUIRING ALL OCCUPANTS TO EVACUATE A BUILDING ON
ACTIVATION OF THE FIRE ALARM: This section is amended to add Subsection (8)(A), Alarm
Activations. The 2000 Edition of the International Fire Code does not address the need for
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employees, staff or others to evacuate a building upon the activation of a fire alarm. During recent
fire drills on the Southem Methodist University (SMU) Campus, students have disregarded the fire
alarm. Failure to evacuate the building in an actual fire could result in fire deaths or serious injury of
the students. The amendment will allow the Fire Marshal to write citations and levy fines for failure
to evacuate. Mayor Pro Tern Davis moved approval of the ordinance. Councilmember Holmes
seconded, and the vote was unanimous to approve the amendment of Section 5.107 of the 2000
Intemational Fire Code.
ORDINANCE NO. 03/35
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 SECTION 5.107 "AMENDMENTS MADE IN THE
INTERNATIONAL FIRE CODE" BY REQUIRING ALL OCCUPANTS OF A BUILDING TO
EVACUATE THE BUILDING UPON ACTIVATION OF A FIRE ALARM; 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.
CONSIDER BID FOR WATER AND SANITARY SEWER IMPROVEMENTS ON LOVERS
LANE, PROJECT NO. 42730: The project consists of water and sanitary sewer improvements
along Lovers Lane from Thackery to Willard. Proposed water and sanitary sewer utilities fi'om
Snider Plaza to Willard will be constructed during the day and under east/west traffic conditions,
and proposed sanitary sewer utilities from Thackery to Hillcrest will be constructed at night with
traffic being detoured around the work zone. Councilmember Holmes moved approval of the bid.
Mayor Pro Tem Davis seconded, and the vote was unanimous to approve Project No. 42730.
DISCUSS REFERRING ISSUE OF CONTRACTOR SIGNAGE REGULATIONS TO UDADAC:
A letter received from Former Mayor Barbara Hitzelberger concerned the need for the City to re-
address the issue of contractor temporary signage on new home construction. The requirements
for temporary signage were amended by the Council in August and eliminated any construction
signage that could not be considered real estate signage. Due to the somewhat loose definition of
what constitutes a real estate sign in our sign ordinance, new homebuilders have continued to
place their advertising signs on the properties with the addition of the words "For Sale" or in
most cases "Sold". It is staff's opinion that the Urban Design and Development Advisory
Committee (UDADAC) should address the issue again and either change the definition of real
estate signs or discuss other alternatives for eliminating more of the new home construction
signs. Councilmember Holmes moved the issue be referred to UDADAC for discussion at the
January 12, 2004 meeting. Mayor Pro Tem Davis seconded, and the vote was unanimous to
refer the issue of contractor signage regulations.
REPORT ON TRAFFIC: Police Chief Gary Adams made a presentation before the City Council,
which included the following information. On October 15, 2003, six-year old Ann Kathryn
Kerwin lost her life after being struck by a vehicle at the intersection of Hillcrest and Purdue.
This accident was the first pedestrian fatality in University Park in thirteen years. However,
because of the tragedy associated with this matter, Council asked that a traffic report be prepared
for presentation. This report was generated by utilizing data collected by the Police Department
since 1990. The numbers and types of accidents have remained consistent, since a decline in
1992, from over 700 reported accidents a year to fewer than 600 accidents a year. In 1990, there
were a total of 733 accidents reported. Of that total, 103 were injury accidents, 390 non-injury, 4
pedestrian-related, 0 fatalities, 79 hit and mn, and 157 no-reports. Year to date for 2003, there
have been 501 traffic accidents with 66 injury accidents, 234 non-injury, 3 pedestrian-related, 2
fatalities, 54 hit and mn and 142 no-reports. In conjunction with traffic accidents, the
Department has included information on citations issued during the same time period. The total
number of citations, excluding parking citations, issued by year since 1990 are as follows: 1990
- 6644; 1991 - 6239; 1992 - 5520; 1993 - 5410; 1994 - 5709; 1995 - 6546; 1996 - 5357;
1997 - 7364; 1998 - 4593; 1999- 3926; 2000 - 3681; 2001 - 3155; 2002 - 3997. The
number of traffic accidents reported for the calendar year 2002, 568, is less then the number of
accidents reported prior to1995, with the exception of 1994, when there were a total of 563
accidents reported, or a difference of five accidents. The year-to-date total for 2003 is 501.
While it is obvious there was a drop between the years 1997 and 1998, it is probable that
legislation passed in 1995 played a significant roll in the matter.
CONSIDER RESOLUTION FOR A REPRESENTATIVE TO THE BOARD OF DIRECTORS,
DALLAS CENTRAL APPRAISAL DISTRICT (DCAD): Councilmember Holmes moved
approval of the resolution, which specifically directs Sharon Barbosa-Crain as the candidate for
whom the City is casting it's vote. Mayor Pro Tem Davis seconded, and the vote was unanimous
to approve Resolution No. 03-16 casting the City's vote for Sharon Barbosa-Crain as a member
of the DCAD Board of Directors.
RESOLUTION NO. 03-16
A RESOLUTION OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS,
CAST1NG ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF
THE DALLAS CENTRAL APPRAISAL DISTRICT.
There being no further business, the meeting was adjoumed.
PASSED AND APPROVED this 6th day of January 2004.
ATTEST:
I~n~lson, ~S~retary' ~
Harold Peek, Mayor
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