HomeMy WebLinkAbout08-05-03 MINUTES
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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBER
TUESDAY, AUGUST 5, 2003 AT 5:00 P.M.
Mayor Harold Peek convened the City of University Park City Council into Executive Session at
4:00p.m. to receive legal advice from the City Attorney under Section 551.071 of the Texas
Government Code. The Executive Session was adjourned at 4:20p.m. No action was voted on
or taken during the meeting.
Mayor Harold Peek then opened the regular meeting of the City Council. Present were
Councilmembers Jim Roberts and Harry Shawver. Also in attendance were City Attorney Rob
Dillard, City Manager Bob Livingston, and City Secretary Nina Wilson. Mayor Pro Tempore
Dick Davis and Councilmember Blackie Holmes were absent and excused.
AWARD
CERTIFICATE OF ACHIEVEMENT: The State of Texas Commission on State Emergency
Communication has awarded Mr. Augustest Walton the "Silent Hero Certificate of
Achievement" award. This award is given,to 9-1-1: di,spatchers for their exemplary conduct in
the field of emergency telecommunications. ,.The call ~hat prompted Mr. Walton to be nominated
for this award was a call he handled in Sept'ember. 2002, which !ed officers to a homicide scene.
With information he provided, the officers were kept updated for their safety as well as securing
a crime scene with adequate personnel. Fire (~hief David Ledbetter presented Mr. Walton with
the award.
Councilmember Shawver moved acceptance of the Consent Agenda. Councilmember Roberts
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER ORDINANCE REGARDING DENIAL OF NATURAL GAS RATE REQUEST:
The City passed a resolution in May 2003 suspending TXU's request and authorizing the joining
of a coalition of 123 cities working under the direction of a Steering Committee authorizing the
filing of an intervention in the proceeding on TXU's rate application pending at the Railroad
Commission (RRC), GUD No. 9400 referred to as Allied Coalition of Cities (ACC). The
Company's Statement of Intent to change gas rates within the City as part of the Company's
statewide gas utility system is found to be unreasonable because: (a) TXU's requested return on
equity is excessive, generating more than 86% of the requested increase in rates; (b) the basis for
TXU's proposed consolidations (of regional distribution systems and of pipeline costs with
distribution costs) has not been established; (c) the City's jurisdiction to increase pipeline rates
has not been established and, therefore, the proposed pipeline cost increases should be
disallowed; (d) revenue requirements should be reduced rather than increased; and (e) the TXU
filing should be denied pursuant to agreement with the Company; and is therefore denied in all
respects.
ORDINANCE NO. 03/16
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
DENYING TXU GAS COMPANY'S REQUEST TO CHANGE RATES IN
THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE
GAS UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT
REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT
THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO
THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF
THIS ORDINANCE TO TXU GAS COMPANY.
CONSIDER PROPOSAL FROM C&P ENGINEERING FOR DESIGN OF WATER AND
SANITARY SEWER IMPROVEMENTS IN ALLEY BOUNDED BY STANHOPE,
SHENANDOAH, PRESTON AND ARMSTRONG IN THE AMOUNT OF $83,936. This work
was driven by the deteriorating condition of the sanitary sewer.
CONSIDER FINAL PAYMENT TO BARSON UTILITIES, INC., FOR WATER, SANITARY
SEWER IMPROVEMENTS AND ALLEY PAVING, PROJECT NO. 42710: The Engineering
Department has accepted the completed work. Partial payments in the amount of $2,094,021.99
have been made to the contractor resulting in a final payment in the amount of $110,211,67.
CONSIDER FINAL PAYMENT TO BARSON UTILITIES, INC~, FOR WATER, SANITARY'
SEWER IMPROVEMENTS AND ALLEY PAVING, PROJECT NOS. 427'II .AND 44170:
The Engineering Department has accepted the completed work. Partial payments in the amount
of $517,582.06' (42711 - $366,169.94 and 44170 - $151,412.12) have been made to the
contractor resulting in .a final payment in the amount of $22,739.87 (42711 -: $18,462.81 and
44170 - $4,277.06). The final payment includes a credit of $394.27 (42711) for water utility
payments for the 3700 blocks of Lovers Lane and Amherst.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For July 16, 2003.
MAIN AGENDA
PUBLIC HEARING AMENDING HILLCREST HOTEL PLANNED DEVELOPMENT: Mayor
Peek opened the public hearing. Mr. Brandon Blackburn, 8100 Lomo Alto, The Eureka Hotel
Group, spoke on behalf of the hotel, stating the property at 6101 Hillcrest was a Ramada Inn and
in a state of disrepair when they decided to redesign the rooms and upgrade the hotel. Building
& Zoning Administrator Wade McLaurin stated that Planned Development District No. 22 was
established in June 1997 as an assisted care facility. The facility was never developed, and the
property continued to be operated as a hotel. Mayor Peek closed the public hearing.
CONSIDER ORDINANCE AMENDMENT TO HILLCREST HOTEL PLANNED
DEVELOPMENT DISTRICT NO. 22: On July 21, 2003, the Planning & Zoning Commission
approved a request by 6101 Hillcrest Group, L.P. to amend Planned Development 22 (PD-22).
The request was to allow for continued hotel use of the property in lieu of the assisted care
facility use that was approved in June of 1997. Staff recommended that the existing planned
development be amended after the project was expanded beyond the permitted interior remodel.
The project expansion was a result of asbestos and mold encountered during the remodel.
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Councilmember Roberts moved approval. Councilmember Shawver seconded, and the vote was
unanimous to approve the amendment to Planned Development District No. 22.
ORDINANCE NO. 03/17
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
COMPREHENSWE 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,
UNWERSITY 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 ORDINANCE TO ADOPT COMMERCIAL BUILDING HEIGHTS: A
recommendation was made by the Planning & Zoning Commission on March 17, 2003 to place
the following height restrictions on Commercial properties: PD-1-R (Snider Plaza) - 40 feet overall,
PD-2-R (Miracle Mile) - 26 .feet, ,with an ,additional 9-foot allowance for equipment and screening, and
General Retail (GR)- 40 feet overalI..Staff.Will present a new ordinance creating an additional
General Retail ZOning Distfict t6 the. i. AugUst Planning & Zoning Commission Meeting.
Councilmember Roberts moved this item'be held for further study and action be deferred until
the September 17, 2003 meeting when all City Councilmembers will be present.
Councilmember Shawver seconded, ~nd the' VOte was unanimous to defer action.
CONSIDER AMENDMENT TO SIGN ORDINANCE REGARDING TEMPORARY SIGNS:
The Urban Design and Development Advisory Committee (UDADAC) was asked to review the current
requirements for temporary signs found in the Sign Ordinance and make recommendations as to how
potential constitutionality issues regarding our political sign restrictions could be resolved. In an effort to
also make the residential neighborhoods in the City less cluttered, UDADAC reviewed all of the
temporary sign regulations and made the following recommendations: set a maximum of six (6) square
feet for any temporary sign. The current maximum square footage for a political sign is three (3) square
feet, while real estate or contractor signs are allowed to be six (6); provide for a total aggregate square
footage of twelve (12) square feet for temporary signs per lot. This would allow for multiple political
signs on a property or the combination of different types of temporary signs (i.e. a real estate sign and a
political sign on the lot at the same time); maintain the current maximum height of four (4) feet for
temporary signs and amend the ordinance to prohibit the use of contractor signs. The proposed changes
will provide for political signs to be regulated the same as other temporary signs, eliminating the
constitutionality issues, and creating enforceable restrictions. Contractor signs will be eliminated.
Councilmember Roberts suggested a 30-day notice be sent to general contractors by mail, stickers on
signs and on the website. Councilmember Shawver moved approval of the amendment. Councilmember
Roberts seconded, and the vote was unanimous to approve the enabling ordinance amending Article
12.200 of the University Park Code of Ordinances. Mayor Peek recognized Former Mayor Barbara
Hitzelberger and Mr. Robert H. "Bobby" Clark, member of U.D.A.D.A.C. and thanked them for their
support with this issue.
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ORDINANCE NO. 03/18
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, SIGN
REGULATIONS, BY AMENDING SECTION 12.229 REGULATING REAL ESTATE SIGNS;
AMENDING SECTION 12,231 TO PROHIBIT CONSTRUCTION SIGNS IN RESIDENTIAL ZONES;
AMENDING SECTION 12.233 TO REGULATE AGGREGATE AREA OF TEMPORARY SIGNS IN
RESIDENTIAL ZONES; AMENDING SECTION 12.237 REGULATING POLITICAL SIGNS IN
RESIDENTIAL ZONES; 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.
PRESENTATION OF PROPOSED FY2004 BUDGET: The proposed budget for FY 2004
(October 1, 2003 - September 30, 2004) consisted of a property tax rate decrease of 1%, from
$0.32932 to $0.32601, maintenance of existing service levels with optimal workforce size and
competitive compensation, continuation of aggressive pay-as-you-go funding of infrastructure
replacement, no user fee increases, a balanced General Fund budget; a $250,033 increase in
funding for capital projects, and the addition of two full-time positions, Fire Department
Training Officer and Utilities Office Billing/Mail Clerk. This was the 9th consecutive year for a
reduction in the City's tax rate. The tax levy for an average single-family home, valued 1.7 %
higher than last year, would increase $12.35 (0.7%). Councilmember Roberts moved acceptance
of the budget with instructions that it be sent to the Finance and Employee Benefits Committees
for recommendation as to action. Councilmember Shawver seconded, and the vote was
unanimous for budget acceptance.
CONSIDER ACCEPTANCE OF $99,099 FEDERAL GRANT FOR ASSISTANCE FOR HOMELAND
SECURITY: In April 2003, the City of University Park participated in a statewide assessment to
evaluate the threat, vulnerability, capabilities, and needs of jurisdictions within the State of
Texas to handle bio-terrorism and terrorist events. A joint task force from the Police, Fire and
Public Works Departments participated in this assessment to evaluate the need for equipment
and training within our jurisdiction. These grant monies would allow the Police, Fire and Public
Works Departments to stockpile equipment and be operationally prepared for local or regional
terrorist events. In June 2003, the City of University Park received notification of an award of
$99,099 toward the purchase of equipment and training. Councilmember Shawver moved
approval of the acceptance of the federal grant. Councilmember Roberts seconded, and the vote
was unanimous to accept $99,099 from the U.S. Department of Homeland Security.
CONSIDER ENGINEERING CONTRACT WITH R.L. GOODSON FOR DESIGN OF LOVERS
LANE: A proposal from R.L. Goodson was presented in the amount of $176,000 that would
provide engineering and surveying services associated with the design of street improvements
for Lovers Lane, from Hillcrest east to North Central Expressway. Councilmember Roberts
moved approval of the contract subject to deleting the "limit of liability" clause.
Councilmember Shawver seconded, and the vote was unanimous to approve the proposal.
CONSIDER ORDINANCE CHANG1NG TITLE FROM ENVIRONMENTAL INSPECTOR
TO NEIGHBORHOOD INTEGRITY OFFICER: The current job does not truly deal with
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environmental issues, but more with right-of-way code compliance matters; therefore, the name
of Neighborhood Integrity Officer seems more applicable. This ordinance would amend Section
6, Article 6.500 of the Code of Ordinances of the City of University Park. Councilmember
Shawver moved approval of the ordinance. Councilmember Roberts seconded, and the vote was
unanimous to approve the title change.
ORDINANCE NO. 03/19
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING ARTICLE 6.500
TO DESIGNATE THE NEIGHBORHOOD INTEGRITY OFFICER FOR THE CITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mayor Peek recognized two boy scouts working on their merit badges. Reagan Tankersley,
3306 Hanover, Troop #70, working on his Citizenship in the Community Merit Badge, and Lake
Tankersley, 3306 Hanover, Troop #70, on his Communications Merit Badge.
Mrs. Carolyn Loy spoke to the council regarding the lack of benches in Coffee Park and across
from University Park Elementary School. She requested two benches from the park at Lovers
Lan~ ant! Hillcrest be moved. Mayor Peek said her request regarding the benfhes would be sent
to !he Park Departmerit. City Manager Bob Livingston told her more benches were in future
plans ifor all parks. She also complimented the council on the bUdget and the gates to be
installed at Central Expressway and University and SMU Boulevards. She suggested gates at the
toll road would be appropriate also. Mayor Peek thanked her for her comments and interest in
the Ci[y. ~
There being no further business, the meeting was adjourned.
PASSED AND APPROVED this 20th day of August 2003.
Harold Peek, Mayor
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