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HomeMy WebLinkAboutMn 11-08-05 8 MINUTES #2522 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, NOVEMBER 8, 2005, 5:00 P.M. Mayor Blackie Holmes convened the city council into an Executive Session in the conference room at 4:00 p.m. to receive legal advice from the city attorney under Section 551.071 of the Government Code. The Executive Session closed at 4:10 p.m. No action was voted on or taken during the meeting. PRE-MEETING OVERVIEW OF COMMUNITY OUTREACH PROGRAMS AND OBJECTIVES: The city manager had requested Community Information Officer Steve Mace review the city's various community outreach efforts and provide suggestions to the council on how to improve and expand them. Assessment meetings with the mayor, councilmembers, department directors and various community and media representatives were held and a written summary was distributed to council. REVIEW PLACEMENT OF MEMORIAL TREE IN CITY HALL: Park Director Gerry Bradley discussed the placement of the memorial tree at city hall. Mayor Blackie Holmes opened the regular meeting of the city council at 5 :00 p.m. in the council chambers. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter, Kelly .Walker and Harry Shawver. . Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. A WARDS AND RECOGNITION RETIREMENT: Sergio Flores, Driver, Sanitation Department, retired after 20 years of service to the city. He was presented a plaque and retirement gift check. DEPARTMENT PINS: City Manager Bob Livingston presented pins to Stewart David, Driver Engineer, Fire Department, 25 years; Ronnie Boyce, Maintenance Technician, Street Department, 20 years; Steve Weaver, Utility Billing SpeCialist, Utility Department, 15 years; Adrienne Schneider, Administrative Secretary, Fire Department, 5 years and Ernesto Escalante, Maintenance Technician, Utilities Department;.5 years- for a total of 70 years of service to the City of University Park. PROCLAMATION HYER ELEMENTARY SCHOOL FOR THE NO CHILD LEFT BEHIND- BLUE RIBBON SCHOOLS PROGRAM: The proclamation was moved to the December 13th city council meeting for presentation at that time. RECOGNITION OF BOY SCOUTS: Several Boy Scouts introduced themselves and the badges upon which they were working. ITEMS FROM THE FLOOR Daniel S. Pettit and Harold F. Hand, owners of Holiday Ideas, 4410 Lovers Lane, spoke on the parking problems in the 4400 block of Lovers Lane. They stated that people were parking longer than two hours and also requested that the city ticket employees and shop owners when they use customer parking. Council will study the matter, and Code Enforcement will see if an ordinance is being violated. 'ff:Y"~>- 9 Mayor Pro Tern Roberts moved approval of the Consent Agenda. Councilmember Carter seconded and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER RESOLUTION & AGREEMENT FOR TEXAS TRAFFIC SAFETY PROGRAM GRANT PROJECT: STEP W AVE: The purpose of the grant is to conduct overtime traffic enforcement focusing on specific traffic law violations during the high traffic volume of holiday periods in order to reduce traffic accidents, injuries and fatalities. The amount of the grant is $8,902. RESOLUTION NO. 05-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A GRANT AGREEMENT WITH THE STATE OF TEXAS FOR TRAFFIC ENFORCEMENT AND AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PURCHASE OF CHEVROLET TAHOES FOR POLICE DEPARTMENT: The police department is scheduled to replace four Chevrolet Tahoes this year. The price per unit is $30,554 and includes paint job and extended warranty. The four outgoing units, which will be auctioned, are 2001 Tahoes purchased in July 2001 for $31,955 each. The 2006 Chevrolet Tahoes will be purchased through TBPC/Lynn Smith Chevrolet in the total amount of$122,216. CONSIDER PURCHASE OF ANIMAL CONTROL VEHICLE: The police department is scheduled to replace the animal control vehicle this year. A new unit is available through the Texas Local Government Statewide Purchasing Cooperative known as BuyBoard. The total price is $32,989 and includes a % ton Chevrolet pickup, a six-compartment animal control body, and the BuyBoard fee. The outgoing unit is a 1997 Ford Ranger pickup purchased in February 1997 for $13,913. The body on the truck was purchased more than 15 years ago. CONSIDER INTERLOCAL AGREEMENT FY'06 FOR FOOD ESTABLISHMENT INSPECTION WITH DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES: The agreement is effective October 1, 2005-September 30, 2006 for food establishment inspections and environmental health services. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For October 17,2005. MAIN AGENDA STATUS REPORT ON PROPERTY AT 4364 MOCKINGBIRD: A public nuisance notice was issued in October 2004. A building permit was issued January 1, 2005, which expired when construction work was delayed beyond the required 60-day period. Another public nuisance notice was issued in May 2005, and the property owner pulled a permit on June 15, 2005. City Council held a public hearing on June 21, 2005. Larry Smith, contractor, is currently working on the property, but construction activity and progress have been slow due to unexpected issues with the original construction; therefore, a date of March 31, 2006 was set for a new status report. Mayor Holmes requested the Code Enforcement Officer check the property regularly to ensure the site is clean. STATUS REPORT ON PROPERTY AT 3624 MCFARLIN: City Council held a public hearing on September 20, 2005 to discuss conditions of the property. Council granted an extension to the property owner, Phyllis McDonald, to allow more time to correct violations and conduct necessary 10 repairs. Ms. McDonald reported that work is still in progress. Community Development Manager Harry Persaud was pleased with the progress, but will continue to monitor the property. CONSIDER ORDINANCE FOR NO PARKING, 7200 BLOCK DICKENS: School officials have noticed increased traffic congestion this year during the drop off and pick up of children at University Park Elbmentary School. The intersection of Dickens and Amherst has been particularly congested. To alleviate traffic congestion, staff proposed an ordinance prohibiting parking on the east side of Dickens, northbound lane, from 7:00 a.m. to 4:00 p.m. on school days. The residents abutting the proposed area were notified the week of October 24th about the proposed ordinance. Only one resident contacted staff to protest the proposed no parking restrictions. Councilmember Carter moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve no parking on the east side of the 7200 block of Dickens. ORDINANCE NO. 05/38 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF THE 7200 BLOCK OF. DICKENS; PROVIDING FOR THE ERECTION OF SIGNS; 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. DISCUSS RECOMMENDATIONS FROM PUBLIC WORKS ADVISORY COMMITTEE REGARDING SIDEWALK PROGRAM: In April 2005, the city adopted a new sidewalk replacement program designed to provide financial assistance to property owners cited for defective sidewalk/so The program reimburses 50% of the cost associated with replacing defective sidewalk/s up to a maximum of $7.00 per square foot. During the September 20, 2005 city council meeting, a group of citizens expressed concern regarding the enforcement of sidewalk violations and the permitting of sidewalk repairs. In response to the citizen concerns, the city council requested the Public Works Advisory Committee reexamine the permitting and enforcement of defective sidewalk violations. In addition, the council recommended that two of the citizens who voiced concerns be invited to attend and participate in the committee meeting. On October 13, 2005, the committee plus the two council- appointed citizens, John Jackson and Randy Rost, met to develop recommendations for improving the enforcement of defective sidewalk/so The committee voted unanimously to forward the following recommendations: provide for an allowance of a 90-day repair period with three 30-day extensions available with cause; continue the 50% reimbursement program and provide contractor pricing information to citizens when sidewalk violations are first mailed, and reduce permit fees to $5.00 per permit on blocks where there are five or more residents on the block utilizing the same contractor. Staff supported the committee recommendations; however, they suggested all sidewalk permit fees be waived for any property owner receiving a defective sidewalk/s violation. A permit and subsequent inspection would still be required for sidewalk replacement; however, there would be no charge associated with the permit. Mayor Holmes suggested that, when the city does curb and gutter work in a block, they check for sidewalk/s violations. Councilmember Walker thanked John Jackson and Randy Rost for their participation on the committee. Mayor Pro Tern Roberts moved approval of the recommendations. Councilmember Shawver seconded, and the vote was unanimous to approve a 90- day repair period with three 30-day extensions, continue the 50% reimbursement program with contractor-pricing information when violations are first mailed, and waive sidewalk permit fees for property owners receiving a violation. .-" 11 CONSIDER ORDINANCE DENYING REQUEST OF A TMOS ENERGY CORPORATION FOR ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM RATE INCREASE AND RESOLUTION ORDERING A TMOS ENERGY CORPORATION TO SHOW CAUSE REGARDING REASONABLENESS OF ITS EXISTING NATURAL GAS DISTRIBUTION RATES: The City of University Park is a member of a coalition of cities known as Atmos Cities' Steering Committee (ASCS). The coalition's purpose is to review requests by Atmos Energy Corporation (formerly TXU Gas) for natural gas rate changes. Each year, Atmos is permitted by state law to file a request for a Gas Rate Infrastructure Program (GRIP) increase, which is designed to allow the company to be compensated for replacing and improving its natural gas infrastructure, without going through the time and expense of a complete rate case. In December 2004, Atmos filed its first GRIP increase request with the city for 2003. In January 2005, the city council suspended the effective date of Atmos' proposed rate increase. After participation in ACSC and following the group's recommendation, in July 2005, the city council approved an ordinance denying the GRIP increase. Atmos appealed this action to the Railroad Commission and the request was upheld. It is now time to go through the process again. ACSC cities believe that the second GRIP filing from Atmos has the same shortcomings as the first. Coalition cities are now asking their governing bodies to approve ordinances denying the latest GRIP request on the grounds that the request does not comply with the law and is not reasonable. Since Mayor Holmes' law firm represents Atmos, he recused himself. Councilmember Shawver moved approval of the ordinance and resolution. Mayor Pro Tern Roberts seconded, and the vote was unanimous to approve the ordinance denying the request for a GRIP -rate increase and the resolution ordering Atmos to show cause regarding the reasonableness of its existing natural gas distribution rates within the city. ORDINANCE NO. 05/39 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE A TMOS ENERGY CORP., MID- TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE A TMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSUL TING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID- TEX DIVISION. RESOLUTION NO. 05-22 A RESOLUTION BY THE CITY OF UNIVERSITY PARK, TEXAS, ORDERING A TMOS ENERGY, MID-TEX DIVISION TO SHOW CAUSE REGARDING THE REASONABLENESS OF ITS EXISTING NATURAL GAS DISTRIBUTION RATES WITHIN THE CITY; REQUIRING ATMOS ENERGY, MID-TEX DIVISION TO SUBMIT A RATE PACKAGE BASED ON A RATE YEAR ENDING JUNE 30, 2005; DIRECTING THAT SUCH FILING SHALL BE MADE BY DECEMBER 31, 2005; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMP ANY AND LEGAL COUNSEL. 12 CONSIDER ACCEPTANCE OF PROPOSAL FROM TUSA CONSULTING SERVICES FOR 800 MHZ REBANDING: In a ruling from the Federal Communication Commission (FCC) and released in August 2004, the FCC ruled that 1700 public safety departments throughout the United States will have to relinquish their 800MHz frequencies to Nextel in order to solve an interference problem Nextel cellular service is causing with public safety radios. Nextel agreed to relocate the 1700 public safety agencies to other 800MHz frequencies at no cost to the agencies. The City of University Park Police, Fire and Public Works Departments are among the 1700 agencies. The FCC required an independent entity be appointed to ensure that both the public safety agencies and Nextel's best interests were upheld during the reconfiguration process. The independent entity will also ensure that the public safety agencies receive comparable radio services. The independent entity is known as the Transition Administrator (T A), consisting of a team of telecommunication companies and legal counsel. The T A has been charged by the FCC for oversight of the reconfiguration of the 800MHz band, the review of each contract between public safety agencies and Nextel, negotiation of any differences and to ensure Nextel provides 2.5 billion dollars in funding for the reconfiguration process. To ensure the best interest of the city is upheld, proposals have been solicited from three telecommunication engineering consultant groups well-suited to plan, negotiate and implement the reconfiguration process with Nextel. The three proposals have been reviewed by the City Attorney and the recommendation is to accept the proposal submitted by Tusa Consulting. Councilmember Walker moved approval of the proposal. Councilmember Carter seconded, and the vote was unanimous to approve the proposal from Tusa Consulting. CONSIDER RENEWAL OF EMPLOYEE BENEFITS FOR 2006: Each year, the city retains a broker for the purpose of soliciting proposals for Group Health Stop Loss coverages, Life and Accidental Death & Dismemberment (AD&D) insurance, and Long Term Disability insurance. These insurance coverages are part of the city's 2006 Employee Benefit Plan Year, which runs from January 1,2006, through December 31, 2006. The Stop-Loss Coverage is in the amount of $65,000 per claim from United Healthcare and third-party administration services from WausauBenefits for an annual cost of $374,188, an increase of$17,415 from the current plan year, not including claims. Approval was also sought for the purchase of Life & AD&D insurance and Long Term Disability insurance from CIGNA at an annual cost of$84,313.92, a savings of $13,794 compared to last year. Mayor Pro Tern Roberts moved approval of the renewal of employee benefits for 2006. Councilmember Walker seconded, and the vote was unanimous to approve the purchase from WausauBenefits and CIGNA. CONSIDER ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 8, ARTICLE 8.200, OFFICIAL EMPLOYEE HOLIDAYS & RESOLUTION ADOPTING OFFICIAL EMPLOYEE HOLIDAYS: For the past several years, Christmas holidays have fallen either on a weekend or close to a weekend. Each year this has occurred, the city manager has obtained permission from the city council to combine the 1/2 day holiday for Christmas Eve and the 1/2 day holiday for New Year's Eve in order to have a full-day holiday on Christmas Eve. This has occurred so often, staff proposed that this change become permanent. Any future changes would require the city council pass a new resolution rather than amend the Code of Ordinances. Councilmember Walker moved approval of the ordinance amending Chapter 8 of the Code of Ordinances to remove the section regarding employee holidays from the Code of Ordinances and amending the resolution designating the official employee holidays to read: "When a holiday falls on a Saturday or Sunday, any employee who is not required to work on the holiday and whose days off occur on the Saturday or Sunday on which the holiday falls, will receive the holiday on Friday if it falls on a Saturday, or on Monday ifit falls on a Sunday." Councilmember Shawver seconded, and the vote was unanimous to approve amending Chapter 8 of the Code of Ordinances and approve the resolution as amended. -~ 13 ORDINANCE NO. 05/40 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 CHAPTER 8, ARTICLE 8.200 "OFFICIAL EMPLOYEE HOLIDAYS" TO PROVIDE FOR THE ESTABLISHMENT OF EMPLOYEE HOLIDAYS BY COUNCIL RESOLUTION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 05-24 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING OFFICIAL EMPLOYEE HOLIDAYS, AS REQUIRED BY CHAPTER 8, ARTICLE 8.200 "OFFICIAL EMPLOYEE HOLIDAYS" OF THE CODE OF ORDINANCES, TO PROVIDE FOR EMPLOYEE HOLIDA YS; AND PROVIDING AN EFFECTIVE DATE. CONSIDER FINANCIAL AND QUARTERLY INVESTMENTS REVIEW, SEPTEMBER 30, 2005: Finance Director Kent Austin reviewed the July-September 2005 Quarter City Financial and Investment Reports. At the conclusion of his presentation, council requested the financial and quarterly investments review be added to the December 13th city council agenda. Councilmember Carter moved approval of the finance report as part of the Financial and Quarterly Investments Report. Mayor Pro Tern Roberts seconded, and the vote was unanimous to approve the financial and quarterly investments review. CONSIDER RESOLUTION NAMING CANDIDATE FOR DALLAS CENTRAL APPRAISAL DISTRICT BOARD: By special provision of the Property Tax Code, each of the incorporated cities, except the City of Dallas, shall have the right to nominate and vote by resolution for one (1) candidate as the fourth member of the Board from the nominations received. The city cast its vote for Scott Wheeler as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal District. RESOLUTION NO. 05-23 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. CONSIDER MUNICIPAL WIFI FOR CITY OF UNIVERSITY PARK: WiFi is wireless technology enabling computers and other devices to wirelessly connect to a network at speeds up to 54 Megabits per second at distances of 200-300 feet. Strategically placed radio repeaters create a "Mesh" network to provide connection continuity over a larger area. The goal for most cities considering this technology is to provide traditional city services more efficiently. Director of Information Services Jim Criswell believes that WiFi is here to stay and will be enhanced in the future and that, unless there is a compelling reason to be on the leading edge of a trend, it is much wiser to wait until the bugs have been worked out. Mr. Tom Blackwell, 3833 Wentwood, supported that position. Councilmember Shawver moved approval of a "wait and see" position. Councilmember Carter seconded, and the vote was unanimous to approve that position. CONSIDER CHANGE ORDER #1 FOR SYB CONSTRUCTION FOR INSTALLATION OF FIRE HYDRANT SERVICE ALONG 3200-3300 BLOCK SOUTHWESTERN: Change Order #1 to the contract with SYB Construction is in the amount of $163,810. Councilmember Shawver moved 14 approval of the Change Order. Councilmember Walker seconded, and the vote was unanimous to approve Change Order # 1. DISCUSS ISSUES RELATING TO BUILDING AND LOT COVERAGE IN SINGLE F AMIL Y DISTRICTS: On October 17, 2005, staff reviewed a number of building and zoning standards which may be used to further regulate the size of new construction and additions in established single family neighborhoods. The high cost of a single family lot, added to the current trend and strong desire for larger homes, has created a situation where existing regulations are pushed to the limits as builders look for ways to construct the largest home on an existing lot. The loss of mature trees in the neighborhoods resulting from building activity was also discussed. The following alternatives were proposed for city council consideration: amend the side yard setback regulations to repeal the maximum required setback of 10 feet and the sum of two side yards not to exceed 20 feet; work through the Parks Advisory Committee to draft an amended tree ordinance to preserve existing trees and to mitigate tree removal; work through the Zoning Ordinance Advisory Committee (ZOAC) to develop new building/lot coverage regulations designed to reduce the size of building foot prints; wprk through ZOAC to review and modify current building and zoning standards adopted in 2001 to further reduce the size of the single family home, and work through ZOAC to review alternative design elements such as the floor area ratio and the framed area of the building as a percentage of lot area and forward recommendations to council. Mayor Holmes moved that the height of the homes be reduced, that existing trees be preserved though a tree ordinance, side yard setbacks on combined lots be increased, and that these items be sent to ZOAC and the Park Advisory Committee for their recommendations. Mayor Pro Tern Roberts seconded, and the vote was unanimous to send the items to ZOAC and the Park Advisory Committee for recommendations. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 13th day of December 2005. -- ATTEST: