Loading...
HomeMy WebLinkAbout01-06-04330 MINUTES #2401 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBER TUESDAY, JANUARY 6, 2004 AT 5:00 P.M. Mayor Harold Peek opened the meeting of the City Council. Present were Mayor Pro Tempore Dick Davis, Councilmembers Jim Roberts and Harry Shawver. Councilmember Blackie Holmes was absent and excused. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. AWARDS AND REQUESTS FROM CITIZENS POLICE DEPARTMENT AWARD: Detective Travis Vavra was presented the award for Officer of the Year by Chief Gary Adams. Since August 2003, upon his assignment to the Criminal Investigation Division, Detective Vavra has identified several suspects through latent fingerprints and DNA testing by utilizing the computer to network with area law enforcement agencies in the identification of criminal activity. Chief Adams also presented Officer Travis with a Certificate of Merit for saving the life of a distraught individual by maintaining telephone contact for approximately 1-1/2 hours in an attempt to learn the subject's location, which, in turn, allowed the Garland Police Department to take the subject into custody for transportation to a hospital for treatment. BOY SCOUTS OF AMERICA: Marshall McCamey, 4200 Larchmont, Troop 82, introduced himself stating he was working on the Citizenship in the Community Merit Badge. ITEMS FROM THE FLOOR Mr. Jim Carmichael, 3716 Purdue, distributed pictures of his driveway and a copy of the Code of Ordinances pertaining to such. In 2002, he received two (2) citations for a defective driveway approach that was unsafe and hazardous and was instructed to replace it. Mr. Carmichael contended his driveway did not need replacing, only repairing. Mayor Pro Tem Davis informed Mr. Carmichael that the Council does not deal with unpaid fines. Ms. Anna Moskowitz, 3136 Southwestern, spoke against renewing a Solicitor Permit for Ms. Sarah Baker, Christian Hospitality Network, based on her experience with the individual. Ms. Moskowitz was informed that, at this time, the application has been denied. Ms. Sarah Baker, 2341 Fenestra Drive, Dallas, Texas 75228, member of the Christian Hospitality Network, spoke in her own defense stating she did not mean any harm to Ms. Moskowitz and that she was denied a Solicitor Permit because the one she was wearing at the time of the complaint was out of date and she had accidentally placed her picture over the date and was unaware that it had expired. The Council will take the re-issuance of the Solicitor Permit under advisement. The Council requested Police Chief Gary Adams investigate the matter and the re- issuance of the permit be placed on the February 3, 2004 agenda. Mayor Pro Tem Davis moved acceptance of the Consent Agenda. Councilmember Shawver seconded, and the vote was unanimous to approve the following: 331 CONSENT AGENDA CONSIDER RESOLUTION FOR NEW MASTER FEE SCHEDULE COVERING STORM WATER UTILITY RATES AND OTHER MINOR CHANGES: Since Resolution No. 03-10, Master Fee Schedule, was adopted on July 16, 2003, the Schedule of Drainage Charges has been adopted by ordinance and should be added to the fee schedule. Also, the fee for collection of appliances, furniture and large items was changed from $10.00 to $15.00, and the yard waste bags section should read $4.00 for a bundle of five (5), including tax. The sentence under Playing Field Reservations under Parks and Recreation should read "a 90-day permit" rather than "an annual reservation card". RESOLUTION NO. 04-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A MASTER FEE SCHEDULE; REPEALING RESOLUTION NO. 03-08, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL FROM KIMMONS SECURITY SERVICES, INC. TO DEVELOP VULNERABILITY ASSESSMENT & EMERGENCY RESPONSE PLANS: Pursuant to recently enacted requirements by the Environmental Protection Agency (EPA), all municipalities are required to evaluate their water systems to determine potential threats that would endanger the water supply system and identify key mitigation measures that can be implemented to address those threats. Kimmons Security Services, Inc. was selected as the firm to perform the required assessments and reports. Their proposal is in the amount of $10,750. CONSIDER AGREEMENT EXTENDING EXISTING CONTRACT TERM WITH PARK CITIES MUNICIPAL UTILITY DISTRICT: The present contract with Dallas County Park Cities Municipal Utility District (PC MUD) expired on September 20, 2003 and was extended until December 31, 2003 to allow additional time to revise the document. It is recommended that the current contract be extended until March 31, 2004. A new contract should be in place prior to that date. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For December 9, 19 & 22, 2003. MAIN AGENDA PUBLIC HEARING & ORDINANCE TO AMEND PLANNED DEVELOPMENT-2-RETAIL (MIRACLE MILE) TO ALLOW A 16' ADDITION TO REAR OF 4520 LOVERS LANE: Lovers Lane Animal Hospital has requested a sixteen-foot (16') addition to the rear of their building. The 477 square foot addition to the north side of the building is for additional inside storage area. The addition will not eliminate existing parking spaces. Mayor Pro Tem Davis moved approval of the 16' addition to the rear of the building. Councilmember Roberts seconded, and the vote was unanimous to approve the ordinance. ORDINANCE NO. 04/01 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, SO AS TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 2 (PD-2-R) FOR THE PROPERTY DESCRIBED AS LOT 2 OF BLOCK C, 332 IDLEWILD NO. 2, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4520 LOVERS LANE, UNIVERSITY PARK, TEXAS; APPROVING A SITE PLAN; 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. CONSIDER NEW DATE FOR PUBLIC HEARING REGARDING SOUTHERN METHODIST UNIVERSITY (SMU) WALL AND REZONING OF DYER PROPERTY: At the Council's November 11, 2003 meeting, a public hearing to consider the rezoning request of SMU for property located on Dyer Street, as well as the Dublin wall, was continued to January 20, 2004. Since that time, a conflict has arisen and a member of the Council will be unable to attend on that date. The new date for the public hearing will be Tuesday, January 27, 2004 at 5:00 p.m. in the City Hall Council Chamber. Notices advising residents of the date will be distributed to the area bounded by Hillcrest/University/Central Expressway/Mockingbird. Councilmember Roberts moved approval of the new date. Mayor Pro Tem Davis seconded, and the vote was unanimous for approval of the new public hearing date. CONSIDER ORDINANCE TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 22 (6101 HILLCREST): Mayor Peek announced that the public hearing had been continued, and he re-opened the public hearing. Mr. Art Anderson, Eureka Holdings, distributed material to the Council indicating a modification of the plans for the proposed hotel to provide a "setback" of the top story of the building in order to reduce the mass of the building and improve the aesthetic appearance. The setback reflects a 20% reduction in square footage from the original floor plan. The Council had raised two questions during the previous discussion of the proposed hotel regarding the height of the existing structures to the west and south of the proposed hotel. The multifamily structure to the south is 32' and the daycare facility to the west is 34'. Council was also concerned about the number of parking spaces. In General Retail (GR) zoning, 52 spaces are required, one for each room. The proposal calls for a total of 63 spaces - 33 full size (9' x 20'), 27 compact (8.5' x 16'), and 3 handicap. Technically, 11 of the spaces cannot be counted, because they are "tandem" or "stadium" parking. The applicant has stated that valet service will relieve any parking issues. Mayor Pro Tem Davis questioned the style of architecture, which is not traditional as is the case with most architecture in the City. Mr. Anderson stated they were open to suggestions. Councilmember Roberts was curious about the number of employees and where they would park, as he did not want them parking in the neighborhood. Mr. Anderson stated there would be approximately 15 employees during the day, and they would park off-site. A contract has been drawn up for an off-site parking area approximately a mile away and the employees will be taxied back and forth. City Attorney Rob Dillard assured Councilmember Roberts that the ordinance could be written to reflect the parking arrangements. Councilmember Roberts was also concerned that the alley be made one-way for safety reasons. Mayor Peek closed the public heating. Mayor Pro Tern Davis moved that the planned development district be approved, but not the ordinance until detailed site and landscape plans are submitted to Council and that the ordinance state employees will park off-site and not on City streets. Councilmember Shawver seconded the motion, and the vote was unanimous to approve the planned development district. CONSIDER ORDINANCE AMENDMENT OF SPECIAL SIGN DISTRICT FOR TOM TOM NOODLE HOUSE, PLAZA AT PRESTON CENTER: Ordinance 90/6 was amended to 333 designate specifications of signs for Tom Tom Noodle House, 8420 Preston Center Plaza, along the south faqade. Councilmember Shawver moved approval of the amendment. Councilmember Roberts seconded, and the vote was unanimous to approve the ordinance. ORDINANCE NO. 04/02 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 SIGNS FOR TOM TOM NOODLE HOUSE; PROVIDING FOR APPROVAL OF ELEVATIONS ATTACHED HERETO AS EXHIBIT "A"; 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 ABANDONING SANITARY SEWER EASEMENT ACROSS RESIDENTAL PROPERTY AT 6821 GOLF: The fair market value (FMV) for the property was established by the purchase price at $54.91 per square foot. The City's policy on previous abandonments has been to value rights-of-way at 100% of the FMV and easements at 25% of FMV; therefore, the 600 square foot easement (10x60') would be $8,236.50. In addition to paying the City for its property right in the easement, the abandonment must be subject to the relocation of sanitary sewer services from the old sewer in the rear of the properties at 6821 and 6825 Golf to the front of those properties. Mayor Pro Tem Davis moved approval of the ordinance subject to the owners of the two properties at 6821 and 6825 Golf relocating their sanitary sewer services to the front of their property and making payment to the City. Councilmember Roberts seconded, and the vote was unanimous to approve the ordinance. ORDINANCE NO. 04/03 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A SANITARY SEWER EASEMENT AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO THE ABUTTING OWNER, DAVID COATS D/B/A LEWIS RUSSELL HOMES IN CONSIDERATION OF THE PAYMENT OF $8,238.00; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL TO TRANSFER OWNERSHIP OF STREET LIGHT AT AIRLINE & NORTHWEST PARKWAY FROM RESIDENT TO CITY: Mr. Jim Doster installed a light at this location by purchasing a pole and fixture of the same type as those currently installed by the City on portions of Hillcrest, Lovers Lane and other miscellaneous locations in the City. Staff suggested the City accept this light, along with any others that an individual resident may wish to have installed, as long as the following conditions are met: the property owner agrees to pay the full cost of the pole and fixture, the pole and fixture are made by the same manufacturer and are of the same style and type as those currently being installed by the City, the property owner pays all costs of under grounding the electrical service to the nearest feasible location for connection to the Oncor system, the pole and fixture are located in an area where it is determined a streetlight would otherwise be provided, and the location is on the public right-of-way or easement. If these conditions are met, the City will agree to pay the energy charge for the light 334 to the City's electrical service provider, maintain the fixture and pole, and handle the necessary permitting with another jurisdiction if the light is located on that jurisdiction's right-of-way. This provides an alternative to residents wishing to upgrade a fixture adjacent to their home. Mayor Pro Tem Davis moved approval of the proposal with the aforementioned conditions. Councilmember Roberts seconded, and the vote was unanimous to approve the proposal. CONSIDER RESOLUTION TO ADOPT AMENDED ICMA-RC 457 PLAN DOCUMENT: Recently, new regulations governing Section 457 deferred compensation plans were issued by the Internal Revenue Service. It is now necessary to amend our current 457 Plan Document with ICMA Retirement Corporation to reflect the new regulations in order to bring the City in line with the April tax law changes. Councilmember Roberts moved approval to adopt the amendment. Councilmember Shawver seconded, and the vote was unanimous to approve the resolution. RESOLUTION NO. 04-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMEND1NG ITS DEFERRED COMPENSATION PLAN; AND PROVIDING AN EFFECTIVE DATE. CONSIDER DATE FOR PUBLIC HEARING REGARDING CONSTRUCTION OF CITY HALL: A public hearing will be held to allow public cornment on the proposed plans. Scheduling the hearing in conjunction with the February 3, 2004, City Council meeting at 5:00 p.m., will allow sufficient time to meet advertising requirements. The City's architect and staff will prepare a presentation for the meeting outlining the proposed improvements. Councilmember Shawver moved approval of the new date. Mayor Pro Tem Davis seconded, and the vote was unanimous to hold the public hearing on February 3, 2004 at 5:00 p.m. in the City Hall Council Chamber. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 27th day of January 2004. ATTEST: /N~,~a ~'6~, Cit~tary