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HomeMy WebLinkAboutMn 04-06-04 Names Tabs.doc AGENDA #2409 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, APRIL 6, 2004 AT 5:00 P.M. 4:00 P.M. WORK SESSION FOR AGENDA REVIEW I. INVOCATION - Mayor Harold Peek II. INTRODUCTION OF STAFF - City Manager Bob Livingston III. AWARDS & RECOGNITION: PRESENTATION: CALEA Certification to Police Department DEPARTMENT PIN: Fleet Manager Jim Gau, Equipment Services, 20 years of service to the city. RETIREMENT: Captain Mike Brock, Police Department, 26 years of service to the city and Detective Lawrence Byrd, Police Department, 20 years of service to the city. IV. ITEMS FROM THE FLOOR - Livingston Tab I Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. Vo CONSENT AGENDA A. CONSIDER: Amendment to contract with R.L. Goodson to repave Hillcrest from alley north of Southwestern to Caruth - Smallwood Tab II B. CONSIDER: Final payment for water, sanitary sewer improvements and alley paving to SYB Construction Co., Inc. - Smallwood Tab III C. CONSIDER: Approval of minutes for city council meeting of March 17, 2004 - Wilson Tab IV VI. MAIN A. B. C. D. E. F. AGENDA PUBLIC HEAR1NG: Creation of new Planned Development District for Christ Lutheran Church, 3001 Lovers Lane - McLaurin Tab V CONSIDER: Ordinance creating Planned Development District for Christ Lutheran Church, 3001 Lovers Lane- McLaurin Tab V CONSIDER: Request to sell shaved ice inside city's swimming pool this summer - Thom Hanford Tab VI CONSIDER: Ordinance establishing parking limits along the 4300 block of Hyer and the west side of Dublin, south ofBinkley - Smallwood Tab VII CONSIDER: Resolution opposing Governor Perry's property tax relief proposal - Austin Tab VIII CONSIDER: Ordinance for cancellation of City Council election May 15, 2004 - Wilson Tab IX As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda items listed herein. VII. INFORMATION AGENDA - Tab X REPORTS, BOARD AND COMMITTEE MEETING MINUTES Ao B. C. D. E. F. G. H. I. J. K. L. BOARD OF ADJUSTMENT Minutes for January 26, 2004 EMPLOYEE BENFITS ADVISORY COMMITTEE FINANCE ADVISORY COM1VHTTEE PARK ADVISORY COM1VHTTEE PLANNING & ZONING COMMISSION Minutes for February 16 & March 15, 2004 PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COM1VHTTEE PUBLIC SAFETY ADVISORY COM1VHTTEE PUBLIC WORKS ADVISORY COM1VHTTEE URBAN DESIGN & DEVELOPMENT ADVISORY COM1VHTTEE ZONING ORDINANCE ADVISORY COM1VHTTEE CAPITAL PROJECTS REVIEW COM1VHTTEE CAPITAL PROJECTS UPDATE for Week of April 1, 2004 Page 1 of 2 cit~-hall From: To: Cc: Subject: Proposal to Repeal Ordinance Attachments: Patterson, Judith G [Judith.Patterson~dhs.gov] city-hall; dickensrenoir~aol.com Sent:Mon 3/22/2004 1:53 PM Dear Council Members, For the safety and financial good of the residents of University Park, as well as for the good of the City itself, I propose the repeal of portions of Article 3.1400 Sidewalk Construction and Repair, specifically, Sections: 3.1412 Property Owner's Duty to Keep Sidewalk in Safe Conditions 3.1415 Liability for Defective Sidewalk 3.1416 Issuance of Notice for Repair of Defective Sidewalks Reasons why repeal benefits the residents of University Park: 1. Financially: Assuming that the residents must pay more taxes as a result of the City paying for sidewalk repairs, the residents may deduct these increased taxes from their Federal Income Tax liability. Conversely, if the resident must himself pay for the sidewalk repair, it is not a tax deduction for federal purposes. Moreover, the City could pay for repairs more economically than private residents since the City would be dealing in a greater quantity of work, thus reducing the cost to the contractor. Further, the City would be a more savvy consumer than a single resident would be. 2. Safety: If the City assumes the responsibility of repairing or replacing the sidewalks, the work will be done by one contractor for the entire block, thus resulting in greater uniformity in the completed work than if individuals procure the cheapest bidder they can locate. Moreover, even if the entire sidewalk block is not defective, the City may elect to replace the entire sidewalk at one time, thus reducing the number of work projects over time. Conversely, an individual homeowner would be motivated to make the minimum repair necessary to pass inspection, designed to last only so long as he will own the home. 3. Insurance: Homeowner's insurance does not typically cover this liability for an individual homeowner. If sued, the homeowner could easily be bankrupted by attomey fees, court costs, and medical expenses of the injured party. Most homeowners are surprised to learn they are responsible for this maintenance and do not know to seek out special insurance coverage. Conversely, the City could either elect to self-insure or procure insurance to protect against liability. The same lawsuit would not "cripple" the City as it would an individual. http://mai~.ci.university-park.tx.us/exchange/city-ha~~/Inb~x/Pr~p~sa~%2~t~%2~Repea~%2... 3/23/2004 Page 2 of 2 4. Work prioritization: The City could fairly assess and prioritize the sidewalks most needing repair. Currently, the City operates on a "complaint" basis. If someone complains, then the City checks the particular block that has been complained about. The sidewalk block that received the complaint may be in far better condition than a sidewalk two blocks away. However, via the complaint or "squeaky wheel" system, the better sidewalk is repaired while the other is neglected. Furthermore, unscrupulous Concrete Contractors have a financial incentive to call in an anonymous "complaint" to increase their business. The Concrete Contractor would not call in a sidewalk block with only two severely dangerous sections, for this business would be too small for them. Instead, the Concrete Contractor would target a street with older houses and sidewalks that are not dangerous, but somewhat cracked throughout. This results in patent unfairness and does little to further the safety of the residents. Thank you for considering this proposal to repeal the Ordinance that places responsibility for sidewalk repair on the home resident. Judith Patterson-Plauche' 3609 Granada Avenue University Park, TX 75205 http://mail.ci.university_park.tx.us/exchange/city-hall/Inbox/Proposal%20to% 20Repeal% 2... 3/23/2004 Nina Wilson From: Sent: To: Cc: Subject: Bob Livingston Tuesday, March 23, 2004 9:34 AM 'Patterson, Judith G' Nina Wilson; Bud Smallwood RE: sidewalk ordinance Ms. Patterson I will have the City Secretary forward your letter to the Council. You can address the item under "Items from the Floor" at the April 6th meeting at 5:00 p.m. in the Council Chambers. As I mentioned, the Public Works Director will be at the meeting and should be able to give the Council an idea of the impact of the change. Bob Livingston City Manager ..... Original Message ..... From: Patterson, Judith G [mailto:Judith. Patterson@dhs.gov] Sent: Tuesday, March 23, 2004 7:39 AM To: city-manager Subject: sidewalk ordinance Dear Hr. Livingston, Thank you for returning my phone call. Last night I organized my thoughts into the attached letter. I am seeking repeal of the sidewalk ordinance that imposes the duty of repair and maintenance on the abutting home owner. I would like to address the City Councilmembers on this issue. Judith Patterson AGENDA MEMO (04 -06-04 AG E N DA) DATE: March 31, 2004 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider proposal from R. L. Goodson, Jr. in the amount of $6,000 to provide engineering and surveying services associated with the pavement design of Hillcrest Avenue, from the alley north of Southwestern to Caruth. Background. R.L. Goodson has been developing plans and specifications for the proposed utility and storm sewer project east and north of Caruth Park. In reviewing the design, staff determined that the construction would be so detrimental to the Hillcrest pavement (alley north of Southwestern to Caruth) that repair and subsequent asphalt overlay would not be a reasonable solution. We therefore solicited a proposal from John Stull to provide the surveying and engineering services necessary to design that section of street. Discussion. Staff recommends City Council approval of the R.L. Goodson proposal, subject to deleting the "limit of liability" clause. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3~AM RLG Hillcrest Pvmt 04 06 04.doc 8:20 AM 03/31/04 March 12, 2004 Revised March 30, 2004 Mr. Bud Smallwood City of University Park 4420 Worcola Dallas, TX 75206 Re: Hillcrest Avenue Paving Improvements RLG No.: 02359.55 Dear Mr. Smallwood: Pursuant to your request, we have prepared the following proposal for civil engineering services for the above referenced project. The scope of work will be as follows: I. HILLCREST AVENUE STREET RECONSTRUCTION A. Prepare plans for the repaying of Hillcrest Avenue from the Southwestern/Greenbrier alley to the south radius return of Caruth Blvd. (approximately 550 I.f.). LUMP SUM FEE: $6,000.00 Il. BILLING Statements will be submitted on a monthly basis for the percent of work. Payment is due within thirty (30) days of the statement date. III. GENERAL CONDITIONS OF AGREEMENT A. FEES Billing for services rendered will be submitted upon completion of the assignment, or for projects requiring more than 30 days to complete, that portion of the work completed will be billed approximately the first of each month as work progresses. All invoices are due and payable in thirty days. If the contract is based on hourly rates, the standard hourly rates as indicated on the attached fee schedule are hereby made part of this Agreement. The rates are periodically updated and are subject to change upon advance written notice. Mr. Bud Smallwood City of University Park March 12, 2004 Revised March 30, 2004 Page Two In the event the project is not carried to completion, services for that portion of the work which has been completed will be paid for at the standard hourly rates. IF THE SERVICES covered by this Agreement have not been completed within twelve (12) months of the date hereof, through no fault of Raymond L. Goodson Jr., Inc., the amounts of compensation and rates set forth herein shall be equitably adjusted. The client agrees to pay to Raymond L. Goodson Jr., Inc., in addition to the stated fee, all reimbursable items such as reproduction, travel, messenger services, photographs, long distance telephone calls, filing fees, review and recording fees, etc., at actual cost plus 10 percent, and all applicable sales tax on surveying services according to H.B. 61. The client agrees to pay Raymond L. Goodson Jr., Inc. all charges due for surveying services performed for the purpose of transfer of title whether or not said transfer of title is consummated. B. TERMS AND CONDITIONS Estimates of probable construction costs prepared by Raymond L. Goodson Jr., Inc., represent our best judgment as design professionals. It is recognized by the client that Raymond L. Goodson Jr., Inc., has no control over the cost of labor, materials or equipment, or over the contractors' methods of determining bid prices, or over competitive bidding or market conditions. Raymond L. Goodson Jr., Inc., cannot and does not guarantee that bids will not vary from any estimate of probable construction costs. Unless otherwise stated specifically in the contract, Raymond L. Goodson Jr., Inc., is not responsible for (1) the means and methods used by the contractor, (2) failure of the contractor to perform all work per the contract documents, (3) release of any pollutant or toxic discharges from the site, or (4) job site safety. THE CLIENT AND OWNER AGREE TO LIMIT THE LIABILITY OF RAYMOND L. GOODSON JR., INC., TO THE CLIENT AND OWNER AND TO ALL CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS ON THE PROJECT ARISING FROM THE ACTS, ERRORS OR OMISSIONS OF RAYMOND L. GOODSON JR., INC., SUCH THAT THE TOTAL AGGREGATE LIABILITY OF RAYMOND L. GOODSON JR., INC., TO ALL THOSE NAMED SHALL NOT EXCEED THE FEE, OR STATED FEE FOR THE PROJECT. THE CLIENT AND OWNER FURTHER AGREE TO REQUIRE OF THE CONTRACTOR(S) A SIMILAR LIMITATION OF THE LIABILITY OF RAYMOND L. GOODSON JR., INC., AND OF THE CLIENT AND OWNER, TO THE CONTRACTOR(S) AND HIS SUBCONTRACTOR(S) DUE TO THE ACTS, ERRORS, OR OMISSIONS OF RAYMOND L. GOODSON JR., INC. Mr. Bud Smallwood City of University Park March 12, 2004 Revised March 30, 2004 Page Three According to Section 29 of the Land Surveying Act, complaints about surveying services may be forwarded to: The Texas Board of Land Surveying, 7703 North Lamar, Suite 304, Austin, Texas 78752 If this proposal is acceptable, please sign on the designated line and return one copy to this office. Thank you for considering our firm for these services. Respectfully submitted, Stuart A. Markussen, P.E. Vice President \mc CITY OF UNIVERSITY PARK ACCEPTED this the__ day of By: ,2004. Title: G:\Pr~jects\~ivi~\Administrative\2~~2\~2359.55\Pr~p~sa~s\~4~312.Hi~~crestAvePaving~mpr~vements.bsma~~w~~d.doc DATE: March 15, 2004 TO: Nina Wilson City Secretary FROM: Jennifer Shell, P.E. Civil Engineer SUBJECT: AGENDA MEMO (4/6/04 AGENDA) Final Payment for Water, Sanitary Sewer Improvements & Alley Paving, Project No. 46510 Consent Agenda CONSIDER APPROVAL OF FINAL PAYMENT TO SYB Construction Co., Inc. in the amount of $26,796.20 for work performed and materials furnished for the construction of Project No. 46510 (Water, Sanitary Sewer Improvements & Alley Paving). The project included the 4100 block of the University/Emerson alley and the4100 block of Glenwick/Emerson alley. AGENDA MEMO (4/6/04 AGENDA) DATE: TO: FROM: SUBJECT: March 15, 2004 Bob Livingston City Manager Jennifer Shell, P.E. Civil Engineer Final Payment for Water, Sanitary Sewer Improvements & Alley Paving, Project No. 46510 On December 10, 2002, the City Council approved SYB Construction Co., Inc. for the above-referenced project. The Engineering Department has accepted the completed work. The actual work performed and the material furnished as provided by the contract brought University Park's project total to $535,923.90 (103.5% of the contract of amount). A payment in the amount of $26,796.20 has not been made to the Contractor for the retainage on this project. PROJECT COST HISTORY APPROVED CONTRACT AMOUNT 12/10/02 $517,859.50 The total cumulative value of the contract was increased by $18,073.40, or 103.5% of the original contract. MINUTES #2408 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, MARCH 17, 2004 AT 7:30 A.M. Mayor Harold Peek opened the 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 Secretary Nina Wilson and Finance Director Kent Austin, substituting for City Manager Bob Livingston, who was absent and excused. Mayor Pro Tem Davis moved acceptance of the Consent Agenda. Councilmember Shawver seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For March 2, 2004. MAIN AGENDA CONSIDER ENGINEERING CONTRACT WITH RL GOODSON FOR DESIGN OF STREET AND SCREENING WALL CONSTRUCTION ALONG DUBLIN, NORTH OF SMU BOULEVARD: A proposal from R.L. Goodson was submitted in the amount of $34,850 to provide engineering and surveying services associated with the design of street, utility and screening wall improvements in the area along Dublin from SMU Blvd to McFarlin Blvd. The wall will be 8' in height from the alley north of SMU Blvd north to McFarlin Blvd. Mayor Pro Tem Davis moved approval of the contract subject to deletion of the limit of liability clause. Councilmember Holmes seconded, and the vote was unanimous to approve the contract for the design of the street and screening wall construction. CONSIDER INTERLOCAL COOPERATION AGREEMENT WITH CITY OF RICHARDSON FOR COOPERATIVE PURCHASING OF EMS SUPPLIES: An Interlocal Cooperation Agreement with the City of Richardson for Cooperative Purchasing of EMS Supplies was submitted. The City's contract with Emergency Medical Products, Inc. (EMP) for EMS supplies recently expired. Staff requested that the City of University Park piggyback on the City of Richardson's existing contract for EMS supplies with the same vendor, allowing the city to benefit from prices offered to a larger entity. This will allow the city to continue working with EMP, who has provided good products and customer service over the years. Councilmember Roberts moved approval of the agreement. Mayor Pro Tem Davis seconded, and the vote was unanimous to approve the Interlocal Cooperation Agreement with the City of Richardson. CONSIDER REQUEST TO USE GOAR PARK BY THE DALLAS ARBORETUM: The Dallas Arboretum requested use of Goar Park as a staging area for a tour of five (5) gardens in Volk Estates on May 18, 2004, 5:30-8:00PM. Approximately 300 to 400 people are expected. An off-duty police officer will assist with the event. Preparations will begin in the park at 2:00 p.m. and clean up will be completed by approximately 9:00 p.m. Mayor Pro Tem Davis moved approval of the request. Councilmember Holmes seconded, and the vote was unanimous to approve the use of Goar Park by the Dallas Arboretum. Mr. & Mrs. Howard Meyers, representing the Arboretum, thanked the city for their interest. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 6th day of April 2004. ATTEST: Harold Peek, Mayor Nina Wilson, City Secretary AGENDA MEMO (4/0/04 AGENDA) DATE: TO: FROM: SUBJECT: April 1, 2004 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Creation of a new Planned Development District for Christ Lutheran Church - 3001 Lovers Lane BACKGROUND: On March 15, 2004, the Planning & Zoning Commission approved a request by Christ Lutheran Church for the creation of a new Planned Development District (PD) on their property located at 3001 Lovers Lane. The church is proposing additions to the existing building, which includes a new sanctuary. The plan that was approved by the Commission showed a 260 seat sanctuary building, which would require a total of 87 parking spaces per the requirements found in our Zoning Ordinance. The submitted site plan included 67 parking spaces on the church's property, and an additional 24 parking spaces along Dublin and the alley to the south. The plan also showed a newly created fire lane which will be a requirement of the Fire Code. The fire lane was designed such that it would maximize the number of parking spaces available on the property. As a result, the fire lane was shown using a portion of the city alley to the south in order for the fire vehicles to be able to turn around in order to exit back onto Lovers Lane. The Commission unanimously recommended approval of the plan, with the stipulation that the design, location, and construction of the fire lane be approved by the Director of Public Works, due to the use of the public alley. At a meeting with the Director of Public Works and the Fire Marshal, the architect for the church was instructed that as a result of concerns with the alley pavement and the existing utilities located beneath this alley, the fire lane would be required to be located completely on the church's property. The revised plans contain a fire lane completely on church property that conforms to standards set forth by the Fire Department. In order to accomplish the new design, 10 parking spaces were eliminated on the property and the sanctuary seating was scaled back to 255 seats. This new seating capacity would require a total of 85 parking spaces to be provided. The revised plan shows a total of 85 spaces being provided, of which 24 of those are located within the city right of way along Dublin and the alley. A traffic & parking study was performed by DeShazo, Tang, and Associates, and concluded that "no undue impact" would result from the new church 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM Christ Lutheran PD 4-6-04.doc 8:25 AM 04/01/04 facilities or from the provided parking. This result is primarily due to the fact that the church sanctuary seating will only increase by 3 seats, and that the construction as a whole is seen primarily as a modernization of facilities rather than something to encourage growth. PUBLIC NOTICE: the following dates: Notice for Public Hearing was advertised in the Park Cities People on · For P&Z - 2/26/04 · For Council- 3/18/04 RECOMMENDATION: Staff recommends that the adopting ordinance creating a new Planned Development District (PD-30) for Christ Lutheran Church be approved. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM Christ Lutheran PD 4-6-04.doc 8:25 AM 04/01/04 PLANNING AND ZONING COMMISSION MINUTES March 15, 2004 The Planning and Zoning Commission of the City of University Park met on Monday, March 15, 2004 at 5:30 P.M. in the Council Chamber of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Robert West - Chairman Randy Biddle Doug Roach Bill Foose Bea Humann Wade McLaurin - Building & Zoning Administrator Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Mr. West opened the public hearing and introduced the commission members. He then read the specifics of the first case. PZ 04-07 - Analytical Surveys, representing the owner of the property, requesting a replat of Lot 1 Block 1, of Thackeray Place Addition of the City of University Park, more commonly known as 3529 McFarlin, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West inquired if the replat conformed to city regulations. Mr. McLaurin stated the plans had been reviewed, and are conforming. Mr. Dillard asked Mr. McLaurin if the city right of way had been properly dedicated. Mr. McLaurin stated on the draft copies, the surveying company had questions in regards to dedication and had not completed the section pertaining to this. Mr. McLaurin added, the final sign-off copy, the right of way is properly dedicated. Mr. West asked for a motion. Mr. Biddle moved to approve the replat, with a second from Mrs. Humann. The motion was approved unanimously. Mr. West, then read the second case. PZ 04-08 - Analytical Surveys, representing the owner of the property; requesting a replat of Lot 2 Block D, of Mount Vernon Annex Addition of the City of University Park, more commonly known as 3604 Binkley, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West inquired if the replat conformed to city regulations. Mr. McLaurin stated the plans had been reviewed, and are conforming. Planning & Zoning Minutes 03/15/2004 Page 2 of 4 Mr. Dillard asked Mr. McLaurin if the right of way dedication issues were resolved, as with the first case. Mr. McLaurin stated yes, the issues were resolved. Mr. West asked for a motion. Mr. Foose moved to approve the replat, with a second from Mr. Biddle. The motion was approved unanimously. Mr. West read the third and final case. PZ 04-09 - Architexas, representing Christ Lutheran Church, requesting the creation of a Planned Development District for the property located at 3001 Lovers Lane. The church is required to rezone the subject property from Single Family District 3 (SF-3) into a Planned Development District (PD) as a result of proposed new construction which will modify the existing site plan. Barbara Wendling, Chairperson of the renovation for Christ Lutheran Church, was introduced and made a brief statement. Mrs. Wendling described the history of the current building, emphasizing the need for the proposed renovation. Mrs. Wendling stated she is hopeful the Planning and Zoning Commission will approve the request of the Planned Development District, to enable the modification of the site for modernization purposes. John Allender, Project Manager with Architexas, was introduced and made a brief statement regarding the proposed renovation. Mr. Allender noted before appearing before the Planning & Zoning Commission, the City of University Park staff had done a preliminary plan review. He added revisions had been made per staff recommendation. Mr. Allender gave an overview of the master plan, noting the plan was reallocation of existing use. Mr. Allender inquired if the commission had any questions. Mrs. Humann noted there was two (2) existing trees, but otherwise voiced over-all concern of the lack of landscaping along the wall facing Lovers Lane. Mr. Allender stated the plan is still a conceptual plan, to define the perimeters of the building. Mrs. Humann stated she resides on Lovers Lane, and the local residents would appreciate more trees and shrubs. Mr. Foose inquired about the plans for the wall facing Dublin St. Mr. Allender noted the wall would be expanded towards Dublin St. to allow for the sanctuary to be expanded to allow more office space. Mr. Allender added the setback requirements would not be infringed upon. Mr. West asked Mr. Allender if the fire lane requirements had been met. Mr. Allender stated currently the conceptual plans dictate the fire lane's placement would utilize the alley, which upon further discussion with staff, the alley would not meet requirements for this purpose. Planning & Zoning Minutes 03/15/2004 Page 3 of 4 Mr. Roach asked if the parking requirements had been met. Mr. Steve Stoner, P.E. with Deshazo, Tang & Associates Inc., was introduced and made a brief statement. Mr. Stoner noted his firm performed a traffic study for Christ Lutheran Church to anticipate traffic impact regarding the construction, and to confirm sufficient parking was met. Mr. Stoner noted currently there are two hundred-fifty (250) seats in the sanctuary, which would increase to two hundred-sixty (260) after construction was complete. Mr. Stoner stated the parking requirements for the two hundred-sixty seats (260) would be eighty-seven (87) parking spaces (three (3) seats = 1 parking space). In order to meet code requirements, Mr. Stoner added, the ~head-in parking" along Dublin St. and the alley would have to be included. Mr. Stoner noted during holiday peak times there could be overflow. Mr. West asked if there were any more questions. Mr. Foose asked if the height of the improvements would stay the same. Mr. Allender stated Fellowship Hall (rear of property) was currently twenty-four feet six inches (24'6") above grade. The plan proposes a twenty-five foot (25') plate line with a fifty-foot (50') ridgeline for the existing sanctuary, with the steeple to be relocated. Mr. Allender noted the main structure would remain the same height. Mr. Biddle noted there were not any architectural drawings for the landscaping/wall along Dublin St. Mr. Allender stated the area along Dublin St. would not have a masonry wall, there would be landscaping along the west side of the building with exterior windows facing out. Mr. McLaurin noted in the submittal presented, the existing building covered twenty-nine percent (29%) of the lot, and asked Mr. Allender if the proposed renovation lot coverage was noted. Mr. Allender stated no, it was not noted in the submittal. A discussion ensued regarding the curb stops and the sidewalk. Mr. West asked if there was anyone present to speak in favor of the project. Curt Scherf, with Christ Lutheran Church, was introduced and made a brief statement. Mr. Scherf stated on Monday, March 1, 2004 the church hosted a meeting with the local residents/neighborhood to explain the proposed renovations. He noted the existing trees on the property were staying intact, and Architexas's lives depended on this. He noted the church and it's congregation wanted to maintain the integrity & beauty of University Park, and make it's residents proud. Mr. West closed the public hearing. Mr. West asked for a motion. Mr. Foose stated Christ Lutheran Church had a good plan for expansion. Planning & Zoning Minutes 03/15/2004 Page 4 of 4 Mr. Biddle stated he agreed with Mr. Foose, but noted a stipulation should be added that the fire lane, if located in the public alley, be approved by the Director of Public Works and a condition that additional landscaping be added along Lovers Lane and Dublin St. Mr. Biddle moved to approve the creation of the Planned Development District for Christ Lutheran Church, with the conditions of: approval of the fire lane by the Public Works Director and additional landscaping along Lovers Lane and Dublin St., with a second from Mr. Roach. The motion was approved unanimously. Mr. Dillard stated Architexas would have to come back before the Planning & Zoning Commission or go before City Council, with revisions based on the commission's recommendation, since the submitted plans were conceptual. Mr. West asked for a motion on the minutes from the February 16, 2004 Planning & Zoning meeting. Mr. Roach moved to approve the minutes, with a second from Mr. Freeman. The motion was approved unanimously. There being no further business before the Commission, Mr. West adjourned the meeting. Robert West, Chairman Planning & Zoning Commission Date: ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, SO AS TO GRANT PLANNED DEVELOPMENT DISTRICT NO. 30 FOR CHRIST LUTHERAN CHURCH FOR THE PROPERTY DESCRIBED AS 1.7323 ACRES OF THE JEFFERSON TILLEY SURVEY ABSTRACT NO. 1480, CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, COMMONLY KNOWN AS 3001 LOVERS LANE; APPROVING A CONCEPTUAL SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; REQUIRING SUBMISSION OF A DETAILED 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. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, are hereby amended so as to grant Planned Development District No. 30 (PD No. 30) for Christ Lutheran Church ("Church") on the property described as 1.7323 acres out of the Jefferson Tilley Survey Abstract No. 1480, in the City of University Park, Dallas County, Texas, more particularly described in Exhibit "A" attached hereto and made part hereof for all purposes, and commonly known as 3001 Lovers Lane. 63907 SECTION 2. The conceptual site plan for PD No. 30 as required by Section 22-300 of the Comprehensive Zoning Ordinance of the City of University Park, Texas, and the special conditions of this ordinance, attached hereto as Exhibit "B" and made part hereof for all purposes, is hereby approved. In accordance with Section 22-300, the property owner shall submit a detailed site plan to the City Council in accordance with the approved conceptual site plan and Section 22-500 of the zoning ordinance. The review of the detailed site plan by the Planning and Zoning Commission is hereby waived, and the detailed site plan shall be reviewed and approved by the City Council as an Exhibit hereto by reference, without an additional public hearing, prior to the issuance of a building permit for the project. However, the City Council may hold a public hearing if it so desires. SECTION 3. The granting of this Planned Development District No. 30 is subject to the following special conditions to protect the public health, safety, and general welfare of the citizens of the City: That a fire lane be furnished on the property on the west side of the building, in the location shown on the detailed site plan and of a construction approved by the Public Works Director; That additional landscaping be furnished on the Lovers Lane and Dublin sides in accordance with a landscape plan to be submitted and approved by the City Council with the detailed site plan; and That the use of the property shall be in accordance with the Comprehensive Zoning Ordinance as amended hereby and the detailed site plan to be approved by the City Council, prior to the issuance of any building or other permit for the project. SECTION 4. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. 63907 SECTION 5. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance and Map as a whole. SECTION 6. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of April 2004. APPROVED: APPROVED AS TO FORM: HAROLD PEEK, MAYOR ATTEST: ROBERT L. DILLARD iii, CITY ATTORNEY NiNAWiLSON, CITY SECRETARY 63907 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, SO AS TO GRANT PLANNED DEVELOPMENT DISTRICT NO. 30 FOR CHRIST LUTHERAN CHURCH FOR THE PROPERTY DESCRIBED AS 1.7323 ACRES OF THE JEFFERSON TILLEY SURVEY ABSTRACT NO. 1480, CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, COMMONLY KNOWN AS 3001 LOVERS LANE; APPROVING A CONCEPTUAL SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; REQUIRING SUBMISSION OF A DETAILED 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. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of April 2OO4. APPROVED: MAYOR ATTEST: CITY SECRETARY 63907 AGENDA MEMO (04~06~04AGENDA) DATE: March 29, 2004 TO: Bob Livingston FROM: Thom Hanford SUBJECT: Shaved Ice Machine I have received a request from Mr. Nick Mesec, a junior at highland Park High School, to sell shaved ice inside the city's swimming pool this summer. Mr. Mesec proposes to pay the city a fee that both parties would agree upon. Since we have had the same concessionaire at the pool for almost 30 years and he offers snow cones for sale, I think this is a duplication of products and I don't think the concessionaire would be happy about the competition. There is also a city ordinance prohibiting sale of anything in the parks. RECOMMENDATION: Staff does not recommend approval of this request. ATTACHMENTS: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3\Shaved Ice.doc 10:00 AM 0312! AGENDA MEMO (04 -06-04 AG E N DA) DATE: TO: FROM: SUBJECT: March 29, 2004 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider Ordinance No __ establishing parking limits along the 4300 block of Hyer Street and the west side of Dublin, south of Binkley. Background. For several years, the 4300 block of Hyer Street was included in the "Resident Parking Only Zone" around Highland Park High School. Last year, residents of the subject block (with the exception of 4301, 4305, and 4309) requested removal from the RPOZ, and the Council granted that request. Those same residents are now petitioning for parking restrictions again. The east half of the block is asking to be included in the RPOZ, and the west half of the block petitioned for a 2-hour parking restriction. Nearly unanimous petitions have been received from both groups of abutting residents. Staff also received a request from SMU for parking restrictions along the west side of Dublin, south of Binkley, to its intersection with Airline. More specifically, the request is for a NO PARKING ANYTIME designation. SMU is the abutting property owner. Discussion. Staff does not object to either request for parking restrictions. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3~AM Pking Hyer Dublin 04 06 04.doc 8:55 AM 03/29/04 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 10, SECTION 10.1213 BY ADDING SUBSECTION (b) (D) CREATING A RESIDENT PARKING ONLY ZONE IN THE 4300 BLOCK OF HYER, FROM THE POINT OF ITS INTERSECTION WITH DOUGLAS WEST A DISTANCE OF 260 FEET; PROVIDING A TWO HOUR PARKING LIMIT IN THE 4300 BLOCK OF HYER, FROM THE POINT OF ITS INTERSECTION WITH ARMSTRONG EAST A DISTANCE OF 240 FEET; PROHIBITING PARKING AT ANY TIME ON THE WEST SIDE OF DUBLIN, FROM THE POINT OF ITS INTERSECTION WITH BINKLEY SOUTH TO THE POINT OF ITS INTERSECTION WITH AIRLINE; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful and an offense for any person to leave, stand or park a motor vehicle for longer than two (2) hours in the 4300 block of Hyer, from the point of its intersection with Armstrong, east a distance of 240 feet. SECTION 2. That it shall be unlawful and an offense for any person to leave, stand or park a motor vehicle at any time on the west side of Dublin, from the point of its intersection with Binkley south to the point of its intersection with Airline. SECTION3. That Chapter 10, Section 10.1213, of the Code of Ordinances, City of University Park, Texas, be amended by adding subsection (b) (D) to read as follows: "(B) ...; (C) .... ; and Page 1 (D) the 4300 block of Hyer, from the point of its intersection with Douglas west a distance of 260 feet." SECTION 4. That any provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be and the same are hereby repealed. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of University Park, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two hundred dollars ($200.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide, conditioned that the Director of Public Works is authorized and directed to supervise the erection of appropriate signs giving notice of each of such parking limits, as provided by Section 10.801 of the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of April 2004. APPROVED: HAROLD PEEK, MAYOR Page 2 APPROVED AS TO FORM: ATTEST: CITY ATTORNEY (RLD/63788; 3-25-04) NINA WILSON, CITY SECRETARY Page 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 10, SECTION 10.1213 BY ADDING SUBSECTION (b) (D) CREATING A RESIDENT PARKING ONLY ZONE IN THE 4300 BLOCK OF HYER, FROM THE POINT OF ITS INTERSECTION WITH DOUGLAS WEST A DISTANCE OF 260 FEET; PROVIDING A TWO HOUR PARKING LIMIT IN THE 4300 BLOCK OF HYER, FROM THE POINT OF ITS INTERSECTION WITH ARMSTRONG EAST A DISTANCE OF 240 FEET; PROHIBITING PARKING AT ANY TIME ON THE WEST SIDE OF DUBLIN, FROM THE POINT OF ITS INTERSECTION WITH BINKLEY SOUTH TO THE POINT OF ITS INTERSECTION WITH AIRLINE; 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. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of April, 2004. APPROVED: HAROLD PEEK, MAYOR ATTEST: NINA WILSON, CITY SECRETARY DATE: TO: FROM: SUBJECT: AGENDA MEMO (04/06/04 AGENDA) March 31, 2004 Honorable Mayor and City Council Kent R. Austin, Director of Finance Resolution opposing Gov. Perry property tax relief proposal ITEM: On March 11 Governor Rick Perry announced a four-part series of property tax proposals designed to provide relief to Texas taxpayers. The Governor's plan would: 1) limit appraisal increases for homesteads to three percent per year, versus the current cap often percent; 2) limit the amount of revenue local entities can raise from property taxes to the amount raised the previous year plus an inflation and population growth factor - increases above this factor would require voter approval; 3) require mandatory sales price disclosure for real property; and, 4) establish appraisal district boards of five elected officials who would be accountable to the taxpayers. The proposals are intended to be part of a school finance reform effort. Instead, they provide little relief from the school funding problem and impose terrific burdens upon cities - which collect only 15 percent of property taxes in Texas. The first two proposals are the most problematic and potentially devastating to local governments like University Park. Limiting appraisal increases to three percent per year would result in a never-ending distortion of values throughout the city, and as TML notes, "would undoubtedly shift the property tax burden to business and commercial property and to owners of residences that aren't going up in value." Once a home sells, the cap would be lifted, and the value of the property would return to full market value for the new owner. Consequently, it is possible to have two identical adjoining homes with wildly different values, simply because one of them sold recently and the other did not. The second proposal - limiting property tax revenue growth to no more than the Consumer Price Index and population growth -- is even more troubling, for many reasons. Many local government expenditures experience different inflation rates than the CPI, which is simply a mythical basket of typical consumer goods. In years when important non-property tax revenues fall, the property tax levy may need to increase by more than inflation, but not because total spending is increasing inappropriately. Holding a citywide referendum every time property taxes need to rise by a few percentage points is an absurd 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3~AGENDA MEMO PROP TAX RES 040604.doc 1:40 PM 04/02/04 and unnecessary means of gaining approval -- City Council members, as elected representatives of the community, have always been charged with reviewing and approving a city's budget. Further, state Truth-in-Taxation laws guarantee that tax increases may be considered only after sufficient notification and opportunity for public response. In short, the Governor's proposals would severely limit the City's ability to raise sufficient revenue to fund its operations. Cities and organizations across Texas, including the Texas Municipal League, are rightly opposing the Governor's property tax relief proposals. Of the many published articles about cities opposing the proposals, perhaps the best quote is from Denton Mayor Euline Brock, who said that, "The governor has decided to turn a school finance crisis into a local government crisis." RECOMMENDATION: City staff recommends that the Council approve the resolution opposing any legislation that would negatively affect city revenues and economic development efforts. The attached resolution is identical to that already passed by dozens of other Texas cities. ATTACHMENTS: Resolution U2DOCS\oppose sch fin-tax sys reforms.doc 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3~AGENDA MEMO PROP TAX RES 040604.doc 1:40 PM 04/02/04 RESOLUTION NO. A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, URGING THE LEGISLATURE NOT TO ADOPT ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is likely that the Texas Legislature will address school finance and tax system reforms in the near future; and WHEREAS, during these deliberations by the Texas Legislature, proposals to limit the ability of cities to collect property taxes and sales taxes are likely to be offered by some members of the Legislature; and WHEREAS, additional restrictions on city taxes fly in the face of a history of frugal tax administration by Texas cities; and WHEREAS, all Texas cities combined collect only 15.3 percent of all property taxes collected in the State of Texas, while schools collect more than 60 percent; and WHEREAS, between 1985 and 2002, the municipal share of all property tax revenue fell from 20.3 percent to 15.3 percent; and WHEREAS, Texas cities rely on tax revenue to build basic infrastructure, to ensure public safety through police and fire departments, and to provide numerous essential services for city residents, who are 80 percent of the state's population; and WHEREAS, Texas cities engage in numerous economic development activities that produce jobs and revenue for the entire State of Texas; and WHEREAS, cities must meet the challenges of homeland security and compliance with state and federal mandates many of which are unfunded mandates; and WHEREAS, Texas cities have shown over the years that they are fiscally responsible and good stewards to taxpayers' money; and WHEREAS, efforts to limit the ability of cities to collect sales and property tax revenues or to set tax rates would have severe negative impacts on city services, city employees, economic development efforts, and ultimately the citizens of the State of Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF UNIVERSITY PARK HEREBY RESOLVES: SECTION 1. That the governing body of the City of University Park will oppose all school finance or tax reform efforts by the Texas Legislature that negatively impact the ability of the City to provide basic essential services, conduct economic development activities, and ensure public safety by limiting our ability, beyond the provisions of current law, to collect property tax or sales tax revenues. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 6th day of April 2004. HAROLD PEEK, MAYOR ATTEST: N1NA WILSON, CITY SECRETARY APPROVED AS TO FORM: ROBERT L. DILLARD, III, CITY ATTORNEY AGENDA MEMO (04/06/04 AGENDA) DATE: TO: FROM: SUBJECT: March 29, 2004 Honorable Mayor and Councilmembers Nina Wilson City Secretary CANCELLATION OF ELECTION MAY 15, 2004 The candidates for position on the ballot for the May 15, 2004 General Election of the City Council of the City of University Park are unopposed, no write-in candidates have filed, and no proposition is scheduled to appear on the ballot. RECOMMENDATION: Please see the attached certification and ordinances proposing the cancellation of the May 15, 2004 General Election for City Council of the City of University Park. ATTACHMENTS: Certification of City Secretary Ordinances in English and Spanish 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 U:\Docs\Election~2OO4\Memo Cancelling Election.doc 2:37 PM 03/30/04 CERTIFICATE OF CITY SECRETARY STATE OF TEXAS: COUNTY OF DALLAS: CITY OF UNIVERSITY PARK: I, NINA WILSON, hereby certify that I am the City Secretary of the City of University Park, Texas, a municipal corporation, and the authority responsible for having the official ballot prepared for the regular municipal election of May 15, 2004. I further hereby certify, pursuant to Section 2.052, of the Texas Election Code, that the following candidates are unopposed for election to office for the ballot of the May 15, 2004 regular municipal election: James H. Holmes, III, Mayor James E. Roberts, Councilmember Harry R. Shawver, Jr., Councilmember Sydney D Carter, Councilmember Kelly J. Walker, Councilmember. I further certify that no candidate's name is to be placed on a list of write-in candidates for the position of Mayor or Councilmember to appear on the ballot in the May 15, 2004 regular municipal election and that there are no propositions to appear on the ballot in said election. To certify which, WITNESS MY HAND AND SEAL OF THE CITY OF UNIVERSITY PARK, TEXAS, this the 6th day of April, A.D. 2004. Nina Wilson, City Secretary City of University Park, Texas ORDINANCE NO. 04/ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DECLARING UNOPPOSED CANDIDATES FOR CITY COUNCIL ELECTED TO OFFICE; REQUIRING POSTING OF THIS ORDINANCE ON ELECTION DAY AT EACH POLLING PLACE; REQUIRING ISSUANCE OF A CERTIFICATE OF ELECTION TO EACH CANDIDATE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an election has been called for May 15, 2004, to elect members of the City Council; and WHEREAS, each candidate whose name is to appear on the ballot is unopposed; and WHEREAS, no proposition is to appear on the ballot; the City Secretary has certified that there are four candidates for four Council positions, and one candidate for the office of Mayor and that, therefore, each candidate is unopposed for office; and WHEREAS, no candidate's name is to be placed on a list of write-in candidates for that office under applicable law; and WHEREAS, the City Secretary has delivered such certification to the City Council after the filing deadlines for placement on the ballot and list of write-in candidates; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The City Council finds that the above stated premises are true and correct. SECTION 2. That the unopposed candidates for City Council listed below are hereby declared elected to the office, and the election schedule for May 15, 2004, is hereby canceled, to wit: James H. Holmes, IH - Mayor for a term of two (2) years; James E. Roberts, Councilmember for a term of two (2) years; Harry R. Shawver, Jr., Councilmember for a term of two (2) years; Sydney D. Carter, Councilmember for a term of two (2) years and 50014 Kelly J. Walker, Councilmember for a term of two (2) years. SECTION 3. That the City Secretary is directed to post a copy of this ordinance on Election Day at each polling place that would have been used in the election. SECTION 4. The City Secretary is directed to issue a certificate of election to each candidate in the same manner as provided for a candidate elected at the election, after the date the election would have taken place. SECTION 5. This ordinance shall take effect from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of April 2004. APPROVED: HAROLD F. PEEK, MAYOR ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY (RLD/3-27-00) 50014 ORDENANZA NUMERO 04/ LA ORDENANZA DE LA CIUDAD DE UNIVERSITY PARK, TEXAS, DECLARA CANDIDATOS SIN OPOSICION PARA EL CONCILIO ELECTO PAR LA OFICINA. ANUCIOS SON REQUERIDOS DE ESTA ORDENANZA EN EL DIA DE ELECSION EN CADA LOCAL DE VOTACION. REQUERIENDO LA EMISION DEL CERTIFICADO DE ELECSION DE CADA CANDIDATO; Y FIJAREMOS UN DIA EFECTIVO. Mientras, la elecsion ha sido planificada para el 15 de Mayo 2004, pare elegir miembros del concilio; Mientras, cada candidato cuyo nombre aparese en la boleta has sido sin oposicion; Mientras, ninguna propocicion debe apareser en la boleta; la secretaria de la ciudad ha certificado que hay cuatro candidatos para la posicion de consilio; un candidato para Alcalde, y cado uno de los candidatos acepta sin oposicion; Mientras, los nomberes de los candidatos no deben ser escritos en los espacios vacantes, para esa oficina bajo la ley applicable; Mientras, la secretaria de la ciudad a entregado la certificasion a el concilio despues de las fechas fijadas para la colocacion de la boleta de los candidatos inscritos; ahora por lo tanto, SE ORDENO POR LA CIUDAD DE UNIVERSITY PARK, TEXAS: PRIMERA SECSION. E1 concilio de la ciudad encuentra lo siguiente ser corecto y verdadero. SEGUNDA SECSION. Los candidatos sin oposision para el concilio cuyos nombres aparencen en lo siguiente fueron selecsionados para elecsion el 15 de Mayo del 2004: James H. Holmes, lll- alcalde por el termino de dos anos (2) anos; James E. Roberts, Miembro del Concilio,por el termino de dos anos (2) anos; Harry R. Shawver, Jr., Miembro del Concilio, por el termino de dos anos (2)anos; Sydney D. Carter, Miembro del Concilio, por el termino de dos anos (2) anos Kelly J. Walker, Miembro del Concilio, pore termino de dos anos (2) anos. TERCERA SECSION. La secretaria de la ciudad ha sido designada par proporcionar una copia de la ordenanza el dia de la elecsion. CUARTA SECSION. La secretaria de la ciudad ha sido designada para dar un cetificado a cada uno de los candidatos de la misma manera que fue proporcionada a los candidatos que fueron elegidos para la elecsion, despues del dia que la elecion tomaria lugar. QUINTA SECSION. La ordenanza tomaria efecto de y despus de ser aprovada por la ley y aplicarla en los casos requeridos. DEBIDAMENTE APPROVADO por el concilio de la ciudad de University Park, Texas, el 6 de Abril 2004. Aprovado: HAROLD F. PEEK, ALCALDE Testigo: NNA WILSON, SECRETARIA DE LA CIUDAD Aprovado: Abogado de la ciudad (RLD/3-27-00) BOARD OF ADJUSTMENT MINUTES January 26, 2004 The Board of Adjustment of the City of University Park met on Monday, January 26, 2004 at 5:00 P.M. in the Council Chamber of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Jerry Grable - Chairman Roy Kull - Secretary Gretchen Henry William Hitzelberger, Ilk Wade McLaurin - Bldg. & Zoning Administrator Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Mr. Grable opened the public hearing and introduced the commission members. Mr. Grable made a brief statement to all in attendance explaining a quorum was in effect, due to four (4) members, being present, and therefore any decisions made would require a unanimous decision. Mr. Grable asked if there were any objection from the applicants. All applicants understood and accepted the quorum. Mr. Grable asked for a motion in regards to the minutes from the October 27, 2003 Board of Adjustment meeting, Mr. Hitzelberger moved to approve the minutes, with a second from Mrs. Henry. The motion was approved unanimously. Mr. Grable read the charge of the Board of Adjustment and asked that all those that would be speaking to please stand to be sworn in. Mr. Kull, then read the specifics of the first case. B.O.A. 04-01 - Barnett West Custom Homes, representing the owner of the property at 3440-44 Rankin, requesting a variance to Section 8-806(3) of the University Park Zoning Ordinance to allow the construction of a fence within the required front yard setback of the subject property. The applicant is proposing to construct a seven (7) foot tall, wooden screening fence along the west property line, extending past the front building line of the property. Mr. Chuck Barnett, representing the owner of 3440-44 Rankin, and resident of 2816 Dyer, was introduced and made a brief statement. Mr. Barnett explained the requested fence, would be utilized as a landscaping barrier between the front yard of 3440-44 Rankin and the rear yard of the adjacent property, which Mr. Barnett believed to be 6712 Hursey. Board of Adjustment Minutes 01/26/2004 Page 2 of 3 2 Mr. Grable asked Mr. Barnett why the owner would request a fence in the front yard of the property. Mr. Barnett explained there is a lack of privacy. Currently, there are photinias, in the proposed fence location, which do not effectively provide separation of the two properties. Mr. Grable noted the adjacent property in question is platted as 3448 Rankin, not as 6712 Hursey. Mr. Barnett stated he felt the property was not utilized as a Rankin address, due to the direction the structure faces. Mr. McLaurin stated if the structure faced Dickens, it was made to maintain the front yard off of Rankin, even if the front yard is utilized as a side yard. Mr. McLaurin noted the main structure is conforming. Mr. Dillard asked Mr. Barnett if there was anything besides the photinia's in the proposed fence location. Mr. Barnett stated there was not anything in the immediate area, besides plants and lawn furniture on the nearby patios. Mr. McLaurin stated the city did not govern in regards to plants. Mr. Dillard suggested to Mr. Barnett, possibly planting more plants to screen the area effectively. Mr. Barnett agreed and noted the landscaping could be reworked. Mr. Grable thanked the applicant, and inquired if there were any favoring or opposing parties present. Mr. Kull noted there was a total of three (3) opposing letters (from adjacent property owners) submitted to date in regards to the specific project. A discussion ensued regarding actual measurements and placement of the fence, with staff, board members and the spectators in the audience. Mr. Grable closed the public hearing, and asked the board members if they had any comments. Mr. Hitzelberger stated the since the adjacent plot is platted as Rankin, the ordinances dictate fences are not permissible in the front yard. Board of Adjustment Minutes 01/26/2004 Page 3 of 3 Mr. Grable asked for a motion. Mr. Hitzelberger, moved to deny the requested variance, with a second from Mr. Kull. The motion was approved unanimously. There being no further business before the Commission, Mr. Grable adjourned the meeting. Approved by: Jerry Grable, Chairman, Board of Adjustment Date: 03/22/2004 PLANNING AND ZONING COMMISSION MINUTES February 16, 2004 The Planning and Zoning Commission of the City of University Park met on Monday, February 16, 2004 at 5:30 P.M. in the Council Chamber of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Robert West - Chairman Randy Biddle Doug Roach JoAnn Norton Bea Humann Wade McLaurin - Building & Zoning Administrator Rob Dillard - City Attorney Mr. West opened the public hearing and introduced the commission members. He then read the specifics of the first case. PZ 04-05 - Analytical Surveys, representing the owner of the property, requesting a replat of the East 10 feet of Lot 20 and the West 42 feet of Lot 19 Block 1, of Idlewild Addition of the City of University Park, more commonly known as 4136-38 Lovers Lane, into two (2) Single Family Attached lots. The property is zoned PD-7-SF-A. Mr. West inquired if the replat conformed to city regulations. Mr. McLaurin stated the plans had been reviewed, and are conforming. Mr. West asked for a motion. Mr. Biddle moved to approve the replat, with a second from Mrs. Humann. The motion was approved unanimously. Mr. West, then read the second case. PZ 04-06 - Analytical Surveys, representing the owner of the property, requesting a replat of Lot 7 Block A, of Stinson's Revised Map Addition of the City of University Park, more commonly known as 3712-14 Binkley into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. McLaurin noted the replat conformed to city regulations Mr. West asked for a motion. Mr. Biddle moved to approve the replat, with a second from Mrs. Norton. The motion was approved unanimously. Mr. West closed the public hearing. Planning & Zoning Minutes 02/16/2004 Page 2 of 2 Mr. West asked for a motion on the minutes from the January 19, 2004 Planning & Zoning meeting. Mr. Roach moved to approve the minutes, with a second from Mrs. Norton. The motion was approved unanimously. There being no further business before the Commission, Mr. West adjourned the meeting. Approved: Robert West, Chairman, Planning & Zoning Commission Date: 03/15/2004 PLANNING AND ZONING COMMISSION MINUTES March 15, 2004 The Planning and Zoning Commission of the City of University Park met on Monday, March 15, 2004 at 5:30 P.M. in the Council Chamber of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Robert West - Chairman Randy Biddle Doug Roach Bill Foose Bea Humann Wade McLaurin - Building & Zoning Administrator Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Mr. West opened the public hearing and introduced the commission members. He then read the specifics of the first case. PZ 04-07 - Analytical Surveys, representing the owner of the property, requesting a replat of Lot 1 Block 1, of Thackeray Place Addition of the City of University Park, more commonly known as 3529 McFarlin, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West inquired if the replat conformed to city regulations. Mr. McLaurin stated the plans had been reviewed, and are conforming. Mr. Dillard asked Mr. McLaurin if the city right of way had been properly dedicated. Mr. McLaurin stated on the draft copies, the surveying company had questions in regards to dedication and had not completed the section pertaining to this. Mr. McLaurin added, the final sign-off copy, the right of way is properly dedicated. Mr. West asked for a motion. Mr. Biddle moved to approve the replat, with a second from Mrs. Humann. The motion was approved unanimously. Mr. West, then read the second case. PZ 04-08 - Analytical Surveys, representing the owner of the property; requesting a replat of Lot 2 Block D, of Mount Vernon Annex Addition of the City of University Park, more commonly known as 3604 Binkley, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West inquired if the replat conformed to city regulations. Mr. McLaurin stated the plans had been reviewed, and are conforming. Planning & Zoning Minutes 03/15/2004 Page 2 of 4 Mr. Dillard asked Mr. McLaurin if the right of way dedication issues were resolved, as with the first case. Mr. McLaurin stated yes, the issues were resolved. Mr. West asked for a motion. Mr. Foose moved to approve the replat, with a second from Mr. Biddle. The motion was approved unanimously. Mr. West read the third and final case. PZ 04-09 - Architexas, representing Christ Lutheran Church, requesting the creation of a Planned Development District for the property located at 3001 Lovers Lane. The church is required to rezone the subject property from Single Family District 3 (SF-3) into a Planned Development District (PD) as a result of proposed new construction which will modify the existing site plan. Barbara Wendling, Chairperson of the renovation for Christ Lutheran Church, was introduced and made a brief statement. Mrs. Wendling described the history of the current building, emphasizing the need for the proposed renovation. Mrs. Wendling stated she is hopeful the Planning and Zoning Commission will approve the request of the Planned Development District, to enable the modification of the site for modernization purposes. John Allender, Project Manager with Architexas, was introduced and made a brief statement regarding the proposed renovation. Mr. Allender noted before appearing before the Planning & Zoning Commission, the City of University Park staff had done a preliminary plan review. He added revisions had been made per staff recommendation. Mr. Allender gave an overview of the master plan, noting the plan was reallocation of existing use. Mr. Allender inquired if the commission had any questions. Mrs. Humann noted there was two (2) existing trees, but otherwise voiced over-all concern of the lack of landscaping along the wall facing Lovers Lane. Mr. Allender stated the plan is still a conceptual plan, to define the perimeters of the building. Mrs. Humann stated she resides on Lovers Lane, and the local residents would appreciate more trees and shrubs. Mr. Foose inquired about the plans for the wall facing Dublin St. Mr. Allender noted the wall would be expanded towards Dublin St. to allow for the sanctuary to be expanded to allow more office space. Mr. Allender added the setback requirements would not be infringed upon. Mr. West asked Mr. Allender if the fire lane requirements had been met. Mr. Allender stated currently the conceptual plans dictate the fire lane's placement would utilize the alley, which upon further discussion with staff, the alley would not meet requirements for this purpose. Planning & Zoning Minutes 03/15/2004 Page 3 of 4 Mr. Roach asked if the parking requirements had been met. Mr. Steve Stoner, P.E. with Deshazo, Tang & Associates Inc., was introduced and made a brief statement. Mr. Stoner noted his firm performed a traffic study for Christ Lutheran Church to anticipate traffic impact regarding the construction, and to confirm sufficient parking was met. Mr. Stoner noted currently there are two hundred-fifty (250) seats in the sanctuary, which would increase to two hundred-sixty (260) after construction was complete. Mr. Stoner stated the parking requirements for the two hundred-sixty seats (260) would be eighty-seven (87) parking spaces (three (3) seats = 1 parking space). In order to meet code requirements, Mr. Stoner added, the ~head-in parking" along Dublin St. and the alley would have to be included. Mr. Stoner noted during holiday peak times there could be overflow. Mr. West asked if there were any more questions. Mr. Foose asked if the height of the improvements would stay the same. Mr. Allender stated Fellowship Hall (rear of property) was currently twenty-four feet six inches (24'6") above grade. The plan proposes a twenty-five foot (25') plate line with a fifty-foot (50') ridgeline for the existing sanctuary, with the steeple to be relocated. Mr. Allender noted the main structure would remain the same height. Mr. Biddle noted there were not any architectural drawings for the landscaping/wall along Dublin St. Mr. Allender stated the area along Dublin St. would not have a masonry wall, there would be landscaping along the west side of the building with exterior windows facing out. Mr. McLaurin noted in the submittal presented, the existing building covered twenty-nine percent (29%) of the lot, and asked Mr. Allender if the proposed renovation lot coverage was noted. Mr. Allender stated no, it was not noted in the submittal. A discussion ensued regarding the curb stops and the sidewalk. Mr. West asked if there was anyone present to speak in favor of the project. Curt Scherf, with Christ Lutheran Church, was introduced and made a brief statement. Mr. Scherf stated on Monday, March 1, 2004 the church hosted a meeting with the local residents/neighborhood to explain the proposed renovations. He noted the existing trees on the property were staying intact, and Architexas's lives depended on this. He noted the church and it's congregation wanted to maintain the integrity & beauty of University Park, and make it's residents proud. Mr. West closed the public hearing. Mr. West asked for a motion. Mr. Foose stated Christ Lutheran Church had a good plan for expansion. Planning & Zoning Minutes 03/15/2004 Page 4 of 4 Mr. Biddle stated he agreed with Mr. Foose, but noted a stipulation should be added that the fire lane, if located in the public alley, be approved by the Director of Public Works and a condition that additional landscaping be added along Lovers Lane and Dublin St. Mr. Biddle moved to approve the creation of the Planned Development District for Christ Lutheran Church, with the conditions of: approval of the fire lane by the Public Works Director and additional landscaping along Lovers Lane and Dublin St., with a second from Mr. Roach. The motion was approved unanimously. Mr. Dillard stated Architexas would have to come back before the Planning & Zoning Commission or go before City Council, with revisions based on the commission's recommendation, since the submitted plans were conceptual. Mr. West asked for a motion on the minutes from the February 16, 2004 Planning & Zoning meeting. Mr. Roach moved to approve the minutes, with a second from Mr. Freeman. The motion was approved unanimously. There being no further business before the Commission, Mr. West adjourned the meeting. Robert West, Chairman Planning & Zoning Commission Date: CAPITAL PROJECTS UPDATE Week of April 1, 2004 Project No. Description Cost Major Tasks Uncompleted Target Date 42450 Fondren Tower- Fire Station No. 2 $30,000.00 (E) In-house construction (FD & FM) RLG completion of structural design TBD Complete 42730 Lovers Lane Reconstruction II - Hillcrest to NCE (1) Water & sanitary sewer construction (2) Pavement & Drainage Improvements $4,000,000.00 (E) Design Utility construction Interlocal agreement with City of Dallas Design Bids Complete Oct-04 Complete Mar-04 May-04 42903 NCE Wall - Streets - Landscaping Tree / Street Lighting - Sidewalks $150,000.00 (E) Street light equipment installed "Entry Plaza" construction Complete Sum-04 42980 42980 C& G Replacement FY00-01 C& G Replacement FY00-01 Change No 1 (**) (continued) $2,223,254.65 (A) $351,523.50 (A) Amherst, Durham to Airline Amherst, TC B!vd to T,J!3,qe Baltimore, Lovers Lane to Hanover Bryn Mawr, Boedeker to Airline Boedeker, Hanover to Southwestern Caruth, Turtle Creek Blvd to Thackeray Complete Delete Complete Complete Complete Complete Page 1 42980 C& G Replacement FYO0-01 (continued) Page 2 Centenary, Thackeray to Baltimore Glenwick, Preston to Westwick Glenwick, Preston to HPH8 parking garage Grassmere, Preston to Westchester Granada, Hillcrest to Key Glenwick, Preston to HS Garage Greenbrier, Preston to Douglas H~over, Presto~ to B~!timore Hyer, Preston to Westchester Larchmont, Armstrong to Lomo Alto Marquette, Baltimore to Pickwick Marquette, Tudle Creek Blvd to Thackeray McFarlin, Preston to Westchester Normandy, Armstrong to Lomo Alto Purdue, Durham to Dickens Rosedale, Thackew to Golf San Carlos, Preston to Armstrong + Lomo Alto Shenandoah, Douglas to Armstrong Shenandoah, Roland to Armstrong Shenandoah, Hillcrest to Auburndale Stanford, Airline to Hillcrest Stanhope, Armstrong to Lomo Alto Thackeray, Rosedale to Milton University Blvd, Golf to alley east of Haynie Williams Pkwy, University to McFarlin (padial) Windsor Pkwy, Douglas to Preston Pkwy Complete Delete Complete Complete Complete Delete Complete Complete Delete Complete Complete Apr-04 Mar-04 Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Complete Complete Complete Windsor Pkwy, Douglas to Lomo Alto Complete 46310 MPY-Caruth Park Area Water / San Sewer / Stm Sewer $2,135,000.00 (E) Design Bids Mar-04 May-04 43700 City Hall - Renovation and Expansion ............. (E) Conceptual Design Construction Plans & Specs Complete Sum-04 43710 City Hall II - Drainage Improvements $3,000,000.00 (E) Design Corps of Engineers 404 Permit Wetlands Mitigation Credits Bids Apr-04 Complete Complete May-04 43710 City Hall III - 24" Water main Installation $630,000.00 (E) Water main construction Pavement Repairs Complete Apr-04 48100 Paint Fondren Elevated Tank $300,000.00 (E) Specification / Bid Documents Bids Complete TBD 48200 MPY-Auburndale-Key/Water/Sanitary Sewer/Storm S~ $555,000.00 (E) Design Bids Spt-04 TBD 48300 Automated Meter Reading $1,200,000.00 (E) AMR installation - Cycle 1 (N of Lovers Lane) AMR installation - Cycle 2 (S of Lovers Lane) AMR installation - Cycle 3 (Parks, large meters, Training of City staff (Mobile Unit) Complete Complete Complete Complete Page 3