HomeMy WebLinkAboutMn 11-08-05
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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.
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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
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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.
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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.
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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.
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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
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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.
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