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#2403
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBER
TUESDAY, JANUARY 27, 2004 AT 5:00 P.M.
Mayor Harold Peek convened the City of University Park City Council into Executive Session at
4:44p.m.to receive legal advice from the City Attorney under Section 551.071(2) of the Texas
Government Code. The Executive Session was adjourned at 4:54p.m. No action was voted on
or taken during the meeting.
Mayor Harold Peek opened the meeting of the City Council. Present were Mayor Pro Tem Dick
Davis and Councilmembers Blackie Holmes, Jim Roberts and Harry Shawver. Also in
attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary
Nina Wilson.
ITEMS FROM THE FLOOR
Boy Scout Christopher Hewitt, 3013 Rosedale, Troop 70, introduced himself and announced the
merit badge upon which he was working.
Councilmember Holmes recused himself from the item on the agenda regarding the purchase of
the side loading refuse vehicle due to a conflict of interest in representing the vendor, Heil, and
requested it be considered after the other three items of the Consent Agenda. Pro Tem Davis
moved acceptance of the Consent Agenda with the exception of the refuse vehicle for the
Sanitation Department. Councilmember Holmes seconded, and the vote was unanimous to
approve the following:
CONSENT AGENDA
CONSIDER ORDINANCE MODIFYING SECTION OF CODE OF ORDINANCES TO
CHANGE MAXIMUM IMPERMEABLE COVERAGE FOR SOUTHERN METHODIST
UNIVERSITY (SMU) FROM 90% TO 70%: Pursuant to the Council's discussion at the
December 19th, 2003' City Council meeting, staff prepared an ordinance to amend the Code of
Ordinances to establish a maximum impermeable surface area of 70% for University Campus
Districts 1,2, and 3. The change will also affect Planned Development District No. 23, which is
the SMU parking garage at Daniel and Hillcrest. This change will result in the new storm water
fee for the university being based on this 70% calculation as opposed to 90% under the current
ordinance language. In addition to the storm water fee implications, this change will also limit
future development on the campus to a maximum of 70% impermeable surface.
ORDINANCE NO. 04/04
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY
AMENDING CHAPTER 3, "BUILDING AND CONSTRUCTION", SECTION 3.103
"AMENDMENTS TO THE BUILDING CODE", SUBSECTION (33) TO PROVIDE
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MAXIMUM IMPERMEABLE SURFACE REGULATIONS FOR MULTI-FAMILY, NON-
RESIDENTIAL, UNIVERSITY CAMPUS AND RELATED DISTRICTS; 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 TO CHANGE TERMINOLOGY IN MASTER FEE SCHEDULE
UNDER PARKS AND RECREATION, PLAYING FIELD RESERVATIONS, FROM "AN
ANNUAL RESERVATION CARD" TO A "90-DAY PERMIT": This resolution is to correct an
item in the Fee Schedule. The intent originally was for a coach to pay a $10.00 fee to reserve a
field for a season. However, the Fee Schedule has indicated this fee as an annual fee. This
resolution is simply correcting that error by making the $10.00 fee good for a 90-day period.
ORDINANCE NO. 04/05
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY
AMENDING CHAPTER 13, "PARKS", SECTION 13.502 "PLAYING FIELD
RESERVATIONS", SUBSECTION (2) TO PROVIDE FOR PLAYING FIELD RESERVATION
PERMIT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For January 6 & 20,
2004.
Mayor Pro Tem Davis moved approval of the purchase of a side-loading refuse vehicle for the
Sanitation Department, acknowledging that Councilmember Holmes had recused himself.
Councilmember Roberts seconded, and the vote was unanimous for approval for the following:
CONSIDER PURCHASE OF SIDE-LOADING REFUSE VEHICLE FOR SANITATION
DEPARTMENT FROM HOUSTON-GALVESTON AREA COOPERATIVE PURCHASING
PROGRAM (H-GAC) IN THE AMOUNT OF $162,955: These vehicles are used by the
Sanitation Division for commercial garbage pickup and are known as side loaders because they
lift and empty the three-cubic-yard dumpsters from the side. This purchase will upgrade the
vehicle to a stronger engine, heavier axle, and higher compaction rate. These changes, combined
with normal increases in equipment costs and EGR (Exhaust Gas Recirculation) changes, make
the proposed purchase more costly than the most recent side loader purchase. The City last
purchased a side loader in 2001 for $117,000.
MAIN AGENDA
CONSIDER ORDINANCE TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 22,
6101 HILLCREST, HILLCREST HOTEL: On January 6th, the City Council approved
conceptual plans to amend the existing Planned Development District No. 22 (PD-22) to allow
an additional floor on the hotel located at 6101 Hillcrest. The approval was subject to the hotel
operator providing a valet service at all times for employees, guests, and visitors to the hotel. In
addition, it was stipulated that employee parking take place at 4513 Travis, Dallas, Texas or
some other off-site location to be approved by the Director of Public Works. The Council also
asked that detailed site and landscape plans, along with a revised east elevation drawing, be
brought back to the Council for approval. The ordinance was re-written to include these
stipulations. Mayor Pro Tem moved approval of the ordinance to amend PD-22 (6101 Hillcrest).
Councilmember Shawver seconded, and the vote was unanimous to adopt the amending
ordinance.
ORDINANCE NO. 04/06
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. 22 FOR THE PROPERTY DESCRIBED AS LOTS 1, 2, AND 3 OF BLOCK D,
UNIVERSITY ANNEX NO. 2, AN ADDITION TO THE CITY OF UNIVERSITY PARK,
DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 6101 HILLCREST,
UNIVERSITY PARK, TEXAS; APPROVING A CONCEPTUAL 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 APPROVAL OF DETAILED PLANS FOR 6101 HILLCREST, HILLCREST
HOTEL: At its January 6th meeting, the City Council approved conceptual plans for the Hillcrest
Hotel project at 6101 Hillcrest. These plans included the construction of an additional floor on
the building. As part of the approval, the Council asked that more detailed site and landscape
plans, along with an amended building elevation along Hillcrest, be brought back for
consideration. Applicants submitted more detailed plans, which specify location, height, and
species of plantings. In addition, the architect modified the east elevation of the building in an
attempt to somewhat reduce the impact of the large windows facing Hillcrest, as had been
requested at the Council meeting on the 6th. Councilmember Holmes inquired about the use of
the material for the exterior of the finish. Mr. Art Anderson, Eureka Holdings, introduced the
architect who showed the detailed exterior plans. Real stucco will be used on a stone structure.
Copper planters will be used on the top floor around the building. Councilmember Holmes
moved approval of the detailed plans. Mayor Pro Tem Davis seconded, and the vote was
unanimous to approve the plans for 6101 Hillcrest.
PUBLIC HEARING AND ORDINANCE REGARDING SOUTHERN METHODIST
UNIVERSITY'S (SMU) REQUEST TO REZONE 3015 DYER AND 3016 DYER FROM
UNIVERSITY CAMPUS DISTRICT NO. 3 (UC-3) TO UNIVERSITY CAMPUS DISTRICT
NO. 2 (UC-2): On October 15, 2003 the Planning & Zoning Commission voted unanimously to
recommend an approval of the rezoning request made by Southern Methodist University to
rezone 3015 & 3016 Dyer from UC-3 to UC-2. The current zoning does not permit the fraternity
or sorority house usage that the University desires to locate on these lots. The property to the
west of the lots in question is zoned UC-2, and permits such uses already. SMU is proposing to
relocate some of the fraternity houses that are currently located on the south side of the campus
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along Binkley to the Dyer properties. The additional lots that the university is seeking for UC-2
zoning will allow for more open space between the new buildings.
PUBLIC HEARING TO CONSIDER SCREENING WALL AND STREET REALIGNMENT
ALONG DUBLIN, SMU BOULEVARD NORTH TO UNIVERSITY BOULEVARD: Since
the development of the SMU Centennial Master Plan in 1997, SMU has reviewed with the City
Council, on several occasions, their desire to realign Dublin, north from SMU Boulevard to
University Boulevard. Their discussions with the adjacent neighborhood caused them to include
the construction of a screening wall along the street right-of-way. The project has never come to
fruition because SMU has not been able to acquire two residential properties. Last summer, a
new plan was conceived that would eliminate that section of Dublin as a north/south corridor and
utilize it to connect Fondren, McFarlin and Dyer just east of the proposed screening wall. This
would be constructible with no need for additional properties. To address questions regarding
traffic and emergency response times in the neighborhood east of the proposed wall, traffic
consultant Dannie Cummings, P.E., performed vehicular counts for existing conditions and the
impact of the wall construction. Additionally, the Fire Department performed response time
exercises to the area considering existing conditions and the construction of the wall.
Mayor Pro Tem Davis explained the Development Agreement of 1998 between the City and
SMU. Mayor Peek stated that the City Council had received many letters and had read them all
and were seeking new information to evaluate in order to come to a conclusion. He announced
that SMU would be given 40 minutes to speak; citizens west of Dublin and south of University
would be given 15 minutes, citizens east of Dublin and south of University would be given 15
minutes and that other citizens would be given 10 minutes. City Manager Bob Livingston gave a
brief review of the past history of the wall and rezoning. Mayor Peek then opened the public
hearing. Vice-President of Legal Affairs Leon Bennett spoke for SMU giving a PowerPoint
presentation showing the proposed change. At the conclusion of his presentation, several
residents spoke for and against the wall. Mr. Bennett spoke again stating that SMU was not
requesting the wall and did not initiate it, but have worked with the neighbors who wanted the
wall, and that it was the City's decision. Mr. Clarkson, one of the neighbors, stated the wall was
a fundamental element of the 1998 compromise forged between the city, SMU and the
neighborhood, and the neighborhood would not have agreed to the compromise without the wall.
Mayor Pro Tem Davis thanked all the citizens for coming stating that the City Council would
take all opinions into consideration and do their best to have a decision in a month of so. He
then made a motion to close the public hearing. Councilmember Holmes seconded the motion
with a request that a definite decision be reached by the February 18th City Council meeting at
7:30 a.m. The vote was unanimous to reach a decision by that time.
There being no further business, the meeting was adjourned.
PASSED AND APPROVED this 18th day of February 2004.
~retary
Harold Peek, Mayor