HomeMy WebLinkAboutAgenda 05-23-06 WebA G E N D A
#2610
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, MAY 23, 2006 AT 5:00 P.M.
4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW
I.INVOCATION
– City Manager Bob Livingston
II. PLEDGE OF ALLEGIANCE –
City Manager Bob Livingston/Boy Scouts
III.INTRODUCTION OF COUNCIL
– Mayor James H. Holmes, III
IV.INTRODUCTION OF STAFF
– City Manager Bob Livingston
V.AWARDS AND RECOGNITION
DEPARTMENT PINS: Animal Control Officer Launa Patton,10 years, and Gardener II
Augustin Chavez, Park Department, 10 years for a total of 20 years of service to the City.
VI.CONSENT AGENDA
A.REVIEW: First Quarter Strategic Goal Update
B.DISCLOSURE: Regarding Vending Machine Contract
C.CONSIDER: Approval of City Council Meeting Minutes for May 9, 2006
VII.MAIN AGENDA
A.CONSIDER: Scheduling Special Meeting June 27, 2006 for Public Hearing
Regarding Legacy Hillcrest Planned Development Zoning Request
B.CONSIDER: Revised Ordinance for Planned Development Amendment for
Preston Road Church of Christ Expansion
C.CONSIDER: Special Joint Meeting July 20, 2006 with the Planning & Zoning
Commission to Review Proposed Snider Plaza Master Plan
D.CONSIDER: Park Department Mowing Contract
E.CONSIDER: Ordinance Adopting Amendments to Home Rule Charter
F.CONSIDER: Resolution to Canvass Returns and Declaration of Results of
Municipal General Election of May 13, 2006
VIII.ITEMS FROM THE FLOOR
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.
IX.INAUGURATION AND RECEPTION FOR NEW CITY COUNCIL
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.
AGENDA MEMO
(5/23/06 AGENDA)
DATE: May 18, 2006
TO: Honorable Mayor and City Council
FROM: Kate Smith, Administrative Assistant
SUBJECT: First Quarter Strategic Goal Update
On December 14, 2004 the City Council adopted 6 strategic goals and objectives. Upon adoption of
the goals, a responsibility chart was created to track the progress of goal and objective achievement.
Attached is the first quarter update for 2006.
The responsibility chart includes information to date regarding staff that has primary and secondary
responsibility for goal accomplishment, status, timeline and comments. An updated version of this
chart will be presented again to Council next quarter.
Below is a brief overview of the goal objectives. For more detail on each, see attached chart.
Objectives Completed
Objective 3.1 – Develop a plan to recognize model citizens in our community.
Objective 4.3 – Install attractive uniform signs in each park that give park history, regulations, and
hours.
Objective 5.2 – Evaluate the need for a specific position on City staff to manage website and cable
channel content, handle media contacts, community relations, and produce
publications.
Objective 6.1 – Consider citywide program for sidewalk maintenance.
Objectives In Progress
Objective 1.1 – Develop traffic and parking improvements.
Objective 1.2 – Communicate traffic realities.
Objective 2.2 – Develop a Master Plan for Snider Plaza and Miracle Mile areas.
Objective 3.2 – Develop a New Resident Orientation program.
Objective 4.1 – Identify initiatives based on recommendations from the Park Advisory Committee.
Objective 4.2 – Develop a unified design and standards for entrances to the City.
Objective 5.1 – Assess the effectiveness of current communication methods and make
recommendations for improvements.
Objective 6.2 – Conduct study of improving restrooms in the parks.
Objective 6.3 – Implement customer service/work order system (3-1-1 project).
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Objectives Not Started
Objective 2.1 – Study feasibility of undergrounding Lovers Lane in Miracle Mile.
ATTACHMENTS:
2006 First Quarter Strategic Goals Responsibility Chart
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
AGENDA MEMO
(5/23/06 AGENDA)
DATE:
May 3, 2006
TO:
Honorable Mayor and City Council
FROM:
Christine Green, Purchasing Agent
SUBJECT:
Vending Machine Disclosure
This memo is to inform you that I have asked Schneider Vending to place vending
machines at our three facilities. The owner/operator, Kevin Schneider, is the husband of
Adrienne Schneider, Chief Ledbetter’s assistant in the Fire Department. I do not believe
that there is a conflict of interest or that quotes are required because there is no
expenditure of City funds. But, I wanted the City Council to be aware that the vending
machine owner is related to one of our employees.
The machines to be placed are:
City Hall = snack machine
nd
Peek Center = snack machine on 2 floor
2525 University = soda machine
The City owns and stocks the soda machines at City Hall and the Peek Center. Profits
from these machines are deposited in an account used to purchase raffle prizes for United
Way and the Employee Picnic.
The City’s outgoing vending machine vendor has been unreliable about keeping the
machines filled, and I’ve received a number of complaints from employees in the last two
years about stale food or low stock. I believe that Schneider Vending will provide
reliable service and quality of stock.
RECOMMENDATION:
Staff recommends allowing Schneider Vending to place vending machines at the City’s
three facilities.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Vending Machine Disclosure 2006 (3).doc 9:41 AM 05/19/06
MINUTES
#2610
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, MAY 9, 2006, 5:00 P.M.
Mayor Blackie Holmes opened the meeting of the city council at 5:00 p.m. in the Council
Chambers. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter,
Kelly Walker and Harry Shawver. Also in attendance were City Manager Bob Livingston, City
Attorney Rob Dillard and Deputy City Secretary Kate Smith. City Secretary Nina Wilson was
absent and excused.
BOY SCOUTS OF AMERICA: Ten boy scouts introduced themselves, giving the merit badge
upon which they were working: Rishee Batra, 3016 Rosedale; Ross Crawford, 3517 St. John’s;
Zachary Burdette, 7143 Westlake; Marshall Stone, 4911 Crooked Lane; Peyton Randolph, 4316
Shadow Glen Drive; Aarav Chavda, 4525 Catina Lane; Kahan Chavda, 4525 Catina Lane; Kelan
Nesbitt, 5439 Monticello; Mark Lutz, 17524 Spy Glass Circle and Charlie Garcia, 708
Winchester Drive.
AWARDS AND RECOGNITION
DEPARTMENT PINS: Code Enforcement Officer Mike Brackin, Building Department, 30 years
and Construction Inspector Gary Bouchillon, Public Works, 15 years for a total of 45 years of
service to the City of University Park.
Mayor Pro Tem Roberts moved approval of the Consent Agenda. Councilmember Carter
seconded and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For April 20, 2006.
MAIN AGENDA
CONSIDER ORDINANCE FOR PLANNED DEVELOPMENT AMENDMENT FOR
PRESTON ROAD CHURCH OF CHRIST EXPANSION: Based on the council’s direction after
the Public Hearing on May 9, 2006, staff compiled a list of conditions related to the construction.
Several people spoke in opposition to the expansion: Nancy Sommerman, 4124 University;
Susan Lebowitz, 3918 University; Maureen Freeman, 4019 University; Janell Stone, 4021
University; Pete Lempert, 4006 University; Sally Davison, 4023 University; Lorene Busby, 4126
University; Malee Rauscher Helm, 4100 University; Brian Egan, 4128 McFarlin and Pierce
Allman, property owner of 4140 & 4141 University, was also opposed. Bob Shaw, F&S
Partners, architect and planner for the church presented a PowerPoint stating the church has tried
to respect the requirements of the ordinance for parking and that the size of the church is also
within the allowable limits set by the city. Mike Boone, 3516 University, spoke for the church
stating the church has tried to be a good neighbor. Mayor Holmes then read the following
statement: Mayor Holmes read the following statement expressing the concern of the city council
in regard to the neighbors and city: We, as your city council, are not unmindful of the significant
responsibility placed upon us to preserve the quality of life that we all enjoy in University Park
and, in individual cases such as this, that we arrive at a just, fair and equitable decision for all
concerned. Like every case where an attempt to reach a middle ground is pursued, interest on
both sides of that middle ground will not be satisfied with the result. We have spent many long
and arduous hours reviewing all of the letters, e-mails, reports and studies in trying to achieve a
favorable outcome as we view it for the city of University Park and the church. I, personally,
appreciate and applaud the interest and work of the neighbors in bringing to the attention of the
council their detailed concerns and recommendations addressing the application submitted for
this planned development. From the legal jurisprudence standpoint, I hope all of you appreciate
the position that a city council, when acting as a governmental entity, is confronted with when
passing on requests of this nature made by a religious institution. Such an entity clearly has
rights protected by the first amendment of the U.S. Constitution, known as freedom of religion.
The Texas Civil Practice and Remedies Code provides “that a city may not substantially burden
the person’s free exercise of religion unless the city demonstrates that the burden is in
furtherance of a compelling governmental interest and is the least restrictive means of furthering
that interest.” That language applies to any city ordinance, and the ordinance must have as its
principal or primary effect, one that neither advances nor inhibits religion. The United States
Supreme Court has ruled “that a statute must not foster an excessive governmental entanglement
with religion. One of those entanglements is an attempt to regulate programs, whose very nature
is apt to entangle the state in details of administration.” However, a church or religious
institution does not have the unfettered right to use its property as it sees fit. It has been held
that conditions that are reasonably designed to counteract the deleterious effects on the public’s
welfare of a proposed religious or education use, should be upheld by the courts provided they
do not, by their costs, magnitude or volume, operate indirectly to exclude such uses altogether.
Such language recognizes a church’s right to use its property. Beginning in the 1980’s, a
number of state and federal courts moved from rather absolute positions, advocating that
religious structures enjoy a constitutionally protected status which severely curtails the
permissible extent of governmental regulation in the name of the police powers to a concept of
balancing the competing interest of municipalities and religious institutions. That is what I think
we have done through the language of this ordinance. Also, the ordinance recognizes that any
activities held on the campus will be those of the University Park United Methodist church only.
Other portions of the ordinance address the issues of safety and welfare of the neighborhood and
traffic generated by the new facility. Mayor Pro Tem Roberts moved that the ordinance be
revised and brought back to a future council meeting for adoption. Councilmember Shawver
seconded, and the vote was unanimous to approve adopting a revised ordinance at a future
meeting.
CONSIDER REQUEST FROM HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT
(HPISD) FOR JOINT USE AGREEMENT AND FACILITY IMPROVEMENTS AT
GERMANY PARK: The city was approached by HPISD regarding amendments to the Joint Use
Agreement of Germany Park, which is due for renewal in August 2006, and potential
improvements/upgrades to the track and restroom facilities. HPISD is requesting renewal of the
agreement for a period of 20 years and a modification to allow the district exclusive use of the
track from 3:00-6:00 p.m., Monday-Friday. Additionally, they are requesting the ability to
construct new improvements for the track and restrooms. Mayor Holmes moved that this item be
tabled until both the city and the school district can discuss the agreement and that it be brought
back to the council on June 20.
CONSIDER RECOMMENDATIONS FROM PUBLIC FACILITY NAMING COMMITTEE:
Since January 2006, the Public Facilities Naming Committee has been in the process of
evaluating applicants being considered for public facility naming. The following individuals
have been recommended by the committee for city council consideration and approval: Barbara
Hitzelberger, Hillcrest @ Lovers Lane Parks and Buddy C. Porter, Snider Plaza Fountain. Staff
will work with architects to design appropriate identification signage for each individual and
location. Mayor Holmes recognized the Chairman of the Public Facility Naming Committee,
Trevor Rees-Jones, and thanked him for his work and that of the committee. Councilmember
Shawver moved approval of the recommendations. Mayor Holmes seconded, and the vote was
unanimous to approve Barbara Hitzelberger Parks and Buddy C. Porter Snider Plaza Fountain.
DISCUSS ORDINANCE FOR ABANDONMENT OF STREET RIGHT-OF-WAY ALONG
TURTLE CREEK FRONTAGE AT 3501 SOUTHWESTERN: A request was received from the
owner of the property to abandon approximately 16’. Staff has determined that there is sufficient
width in the remaining right-of-way to address utility issues and, from a traffic perspective, there
is no need to consider any future widening of the existing street. A fair market value will be
determined for the property. Councilmember Shawver moved approval of the ordinance.
Councilmember Carter seconded, and the vote was unanimous to abandon the street right-of-way
along the Turtle Creek frontage at 3501 Southwestern.
ORDINANCE NO. 06/10
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A
PORTION OF THE STREET RIGHT-OF-WAY OF TURTLE CREEK BOULEVARD, AS
MORE PARTICULARLY DESCRIBED IN EXHIBITS “A” AND “B”, TO THE ABUTTING
OWNERS, IN CONSIDERATION OF THE PAYMENT OF $117,831.10 TO THE CITY;
PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR
RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A
QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
CONSIDER RESOLUTION ADOPTING FIRE DEPARTMENT STRATEGIC PLAN: In January
2006, the Fire Department began developing a departmental strategic plan by inviting and
utilizing the input of citizens from the various advisory committee groups, fire department
members and city staff members. In February 2006, the strategic plan was completed and it
clearly defined who the organization is; what the departmental values are; and the direction the
University Park Fire Department will pursue for the next three to five years. The development of
the Fire Department Strategic Plan assists in establishing one of the first processes the
department must undergo for accreditation. In order to comply with the Commission of Fire
Accreditation International (CFAI), the plan must be published and formally recognized. The
benefits of adopting the Strategic Plan by the City Council include validation of the planning
process by the governing body, clearer communication between staff and governing body
towards strategic direction of the department, and budget requests become more performance
based. Mayor Pro Tem Roberts moved approval of the resolution, recognizing and accepting the
plan as the basis for short range goals and direction. Councilmember Walker seconded, and the
vote was unanimous to approve the resolution adopting the Fire Department Strategic Plan.
RESOLUTION NO. 06-07
RESOLUTION RECOGNIZING THE FIRE DEPARTMENT STRATEGIC PLAN
DEVELOPED IN JANUARY 2006.
CONSIDER ADDITIONAL FEES FOR LEO A. DALY AND R.L. GOODSON FOR
CHANGES TO DESIGN OF CITY HALL: Fee increases are the result of two changes to the
design of City Hall, Modification of the police locker rooms for $ 3,000 to Leo A. Daly, which is
the city’s responsibility and design of facilities to accommodate cell phone providers for $54,500
to Leo A. Daly and $3,000 to R.L. Goodson. All cell phone equipment is to be located so that it
can be accessed without entering City Hall. In order for the city to maintain control, the cost of
this work will be added to our existing contracts with the architect and engineer. However, all
fees for this portion of the work are to be paid in total by the cell phone companies. Toward that
end, we have requested an advance check in the amount of $66,500. This amount will cover the
additional work by the architect and engineer plus a $9,000 administrative fee for the city to
coordinate the effort. No work will commence until the funds are received. Councilmember
Shawver moved approval of the additional fees. Councilmember Carter seconded, and the vote
was unanimous to approve the fees as the result of changes to the design of City Hall.
CONSIDER CHANGE ORDER WITH SYB CONSTRUCTION FOR PAVEMENT
RECONSTRUCTION OF TURTLE CREEK BOULEVARD FROM LOVERS LANE TO
BALTIMORE AND BALTIMORE FROM LOVERS LANE TO TURTLE CREEK
BOULEVARD, PROJECT NO. 47100: On December 13, 2005, the City Council approved SYB
Construction to reconstruct the existing water lines and construct sanitary sewer lines within the
pavement for Turtle Creek Boulevard and Baltimore Drive. The contract calls for $348,575 for
permanent pavement repairs, which is approximately half of the cost to reconstruct the entire
street, the existing streets are in very poor condition, and the contractor anticipates the project
will only take 1½ - 2 months longer with complete pavement reconstruction. Councilmember
Carter moved approval of complete pavement reconstruction in lieu of permanent pavement
repairs. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the Change
Order.
CONSIDER REQUEST FOR APPLICATIONS FOR CITY BOARDS AND COMMITTEES:
The city's statutory boards and advisory committees are comprised of over 100 volunteer
residents appointed by the mayor and council for a two-year term. They are an avenue for direct
input from citizens, and the city benefits considerably from the expertise represented by
University Park residents. Residents who wish to be considered for one of the boards or
committees are asked to submit an application to City Secretary Nina Wilson by Monday, May
22, 2006.
CONSIDER INTERLOCAL COOPERATION AGREEMENT WITH CITY OF SOUTHLAKE
FOR COOPERATIVE PURCHASING: The City of Southlake has asked to piggyback on our
contract with Consolidated Traffic Controls for the purchase of a UniTrak Video Vehicle
Detection/Radio Interconnect System. The city has participated in similar arrangements with
Tarrant County, the City of Richardson, the City of Waco, and several other purchasing
cooperatives. Councilmember Walker moved approval of authorizing the city manager to
execute the attached Interlocal Cooperation Agreement with the City of Southlake for
cooperative purchasing. Councilmember Shawver seconded, and the vote was unanimous to
approve the agreement.
EXECUTIVE SESSION: Mayor Blackie Holmes convened the City Council into an Executive Session
in the City Hall Conference Room at 4:35 p.m. to receive legal advice from the city attorney under
Section 551.071 of the Government Code. The Executive Session closed at 4:55 p.m. No action was
voted on or taken during the meeting.
There being no further business, the meeting was adjourned.
rd
PASSED AND APPROVED this 23 day of May 2006.
James H. Holmes III, Mayor
ATTEST:
____
Nina Wilson, City Secretary
AGENDA MEMO
(05/23/2006 AGENDA)
DATE: May 23, 2006
TO: Honorable Mayor and City Council
FROM: Harry N. Persaud, MRTPI, AICP, Community Development Manager
SUBJECT: Consider scheduling a special called meeting for June 27, 2006 to hold a public
hearing on the Legacy Hillcrest PD zoning request.
Background/Analysis:
The Planning and Zoning Commission held a public hearing at a special called meeting on
March 6, 2006 and considered a concept plan for a total of 290,000 sq. ft. plus 4-8 town
homes. P&Z requested the applicant to address the issues and concerns which were raised by
residents and to resubmit the item for further consideration at the April 17th meeting. The
concept plan was reduced to 260,000 sq. ft. plus 4-8 town homes. P&Z voted unanimously
to recommend denial of the PD zoning request.
The applicant has now requested that the item be considered by City Council. Staff was
advised that an amended concept plan for less than 220,000 sq. ft. plus 4-8 town homes will
be submitted by May 26, 2006. In view of the large neighborhood participation at the P&Z
public hearing, staff is proposing that the City Council hearing be held at the Highland Park
Middle School Auditorium on June 27, 2006.
Attachments:
Email from Art Anderson requesting consideration by City Council
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\LegacyMemo52306.doc
11:26 AM 05/17/06
RE LegacyHillcrestEmail
MessageFrom: Anderson, Art [aanderson@winstead.com]
Sent: Thursday, May 11, 2006 2:42 PM
To: Harry Persaud; Bud Smallwood; Bob Livingston; Rob Dillard; Dannie Cummings
Cc: Preston Phillips; marsha@stoar.com
Subject: RE: Legacy/Hillcrest
Harry, Preston and I just got off the phone with our traffic engineer. He is going
to proceed with a supplement to the existing TIA (after he talks with Dannie) for a
total square footage of less than the 220,000 sq.ft. number plus 4-8 townhomes. It
will be more than a 25% reduction from the 290,000 sq.ft. request. While there may
not be a final report ready, he will have the necessary data ready to submit to
Dannie by May 26. Jeremy is confident that the intersections and Daniel queing will
work well with the significant reduction in square footage (particularly as to the
p.m. peak) We will have our revised site plan and PD conditions ready by May 26 as
well.
We will be avaialbe in June for the Council hearing for whatever date you select.
Please keep us advised. Art Anderson
Page 1
AGENDA MEMO
(05/23/2006 AGENDA)
DATE: May 23, 2006
TO: Honorable Mayor and City Council
FROM: Harry Persaud, MRTPI, AICP, Community Development Manager
SUBJECT: Consideration of an Ordinance granting a zoning change from MF-2 to PD-
28 zoning district classification for a tract of land situated on the South West
Corner of University Blvd and Preston Road, and described as lots 2, 3 and
4 located in the Rhea Miller’s Subdivision, in the City of University Park;
and approving a detailed site plan for the amended PD-28 zoning district.
Background/Analysis:
City Council considered an Ordinance approving the amendment to PD-28 at its regular
meeting on May 9, 2006. After receiving additional input from concerned residents and
representatives of the Church, Council agreed to add a list of conditions submitted by
staff plus three additional conditions to the ordinance. The final ordinance has now been
prepared with all the conditions incorporated and attached.
Recommendation
Planning and Zoning Commission voted unanimously to recommend approval with
specific conditions. Staff recommends approval.
Attachments:
1. Ordinance for PD-28 Amendment.
ORDINANCE NO. ___________________________
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
INCLUDE THE PROPERTY DESCRIBED AS LOTS 2, 3, AND 4, BLOCK 21,
RHEA MILLER’S SUBDIVISION, AN ADDITION TO THE CITY OF
UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ATTACHED IN PLANNED DEVELOPMENT
DISTRICT NO. 28; APPROVING A DETAILED SITE PLAN AS EXHIBIT “B”
SUBJECT TO 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
NOW,
that the Comprehensive Zoning Ordinance and Map should be amended;
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance and Map are hereby
amended to include the property described as Lots 2, 3, and 4, Rhea Miller’s Subdivision,
Block 21, an addition to the City of University Park, Dallas County, Texas, in Planned
Development District No. 28 for the Preston Road Church of Christ, said property being
more particularly described in Exhibit “A” attached hereto and made part hereof for all
purposes.
SECTION 2
. That the amended detailed site plan for PD No. 28 for the Preston
Road Church of Christ, attached hereto collectively as Exhibit “B”, is hereby approved as
the detailed site plan for said Planned Development District as required by Section 17-101
(2) of the Comprehensive Zoning Ordinance of the City of University Park, Texas, subject
to the following special conditions:
a.The Church will install a wrought iron sliding gate at the University
Boulevard driveway to restrict through traffic to McFarlin at peak hours;
b.A 7-foot masonry wall will be installed on the northwest corner of the
site to align with the front building line as shown on the approved site
plan;
c.An evergreen hedge of Nellie R. Stevens Holly will be planted along the
west property line between the Church and the existing duplex. Plants
shall be installed eight feet on center (8’) and they shall be at least seven
feet (7’) in height when planted, measured from grade;
d.A 7-foot masonry wall to match the materials and architectural character
of the Church shall be installed between the Church parking lot on
McFarlin and the single family residence to the west of the parking lot,
such wall terminating at the front building line of the home.
e.New light fixtures to be installed on the site shall be the same height as
the existing light poles and shall include a cut-off luminaire;
f.All landscaping shall be installed in accordance with the approved site
plan;
g.Further review of the detailed site plan by the Planning and Zoning
Commission is hereby waived;
h.The property shall be developed only in conformance with the
requirements of this Planned Development Ordinance and the approved
detailed site plan;
i.An 8-foot solid plywood screening fence shall be installed around the
construction site during construction and remain in place while
construction is ongoing. It shall be painted green similar to the color of
the paint used at Goar Park and installed prior to demolition or
construction of any structure on the Church property;
j.All activities that utilize buses and other large vehicles, including, but not
limited to church trips, medical screening vehicles, and bloodmobile
vans, will be conducted on Church property and, in no case, shall such
activity be conducted on City streets abutting the Church;
k.Trash receptacles shall be located as shown on the approved site plan and
be screened from view from adjacent properties;
l.During construction, the Church will provide a liaison to respond to
questions and complaints from residents. The Church will provide
information to residents for contacting the liaison 24 hours a day, seven
days a week;
m.The Planned Development will expire if construction permits are not
issued by June 1, 2008 or if construction has not commenced by
December 31, 2008;
n.No parking of construction vehicles or equipment will be permitted on
City streets. All construction-related parking shall be provided by the
Church on site. If additional parking is required, the contractor shall
provide off-premises parking and shuttle workers to the site;
o.Background checks will be performed by the contractors for all
construction workers prior to their working on the site. Information
relating to background checks will be kept on file by the Contractor. A
convicted felon or pedophile will be barred from working on the site;
p.The Church shall provide and pay the costs for adequate security and
traffic control around the campus for all functions;
q.All activities held on campus will be those of the Preston Road Church
of Christ only; and,
r.The Church will pay the cost of a comprehensive traffic study
approximately three (3) months after completion of all improvements
and again at eighteen (18) months after completion.Additionally, the
Church will pay the cost of any future traffic control measures and/or
studies deemed necessary by the City Council. All traffic studies shall
be performed by a consultant selected by the City Council.
SECTION 3
. That all ordinances of the City of University Park in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 4.
That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended
hereby, 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 as a whole.
SECTION 5.
That 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 6.
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.
DULY PASSED
by the City Council of the City of University Park, Texas, on the
_______ day of ______________________ 2006.
APPROVED:
JAMES H. HOLMES III, MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY NINA WILSON, CITY SECRETARY
AGENDA MEMO
(05/23/06 AGENDA)
DATE: May 16, 2006
TO: Honorable Mayor and City Council
FROM: Kate Smith, Administrative Assistant
SUBJECT: Special Joint meeting in July with the Planning and Zoning
Commission to review proposed Snider Plaza Master Plan
On February 1, 2005, the City Council approved a contract with Townscape, Inc. to devise a
Master Plan for the Snider Plaza/Hillcrest area. Since last year, Townscape has conducted three
rounds of workshops with Snider Plaza/Hillcrest property owners, merchants, and residents
directly surrounding the area. The first round of stakeholder workshops was held in July 2005.
The goal of this initial meeting was to brainstorm features liked or disliked about the Plaza, and to
talk about a long-term vision. In the second round of meetings held in October 2005, Townscape
took the comments heard in the first meeting and devised several different concepts which were
presented to the groups for feedback. The third round of workshops was held in March 2006. In
this last round of meetings, Townscape presented a Draft Master Plan which incorporated the
feedback received at the two previous workshop sessions. A Community Forum was then held on
rd
March 23 at Hyer Grade School.
Townscape is currently making some revisions to the Plan based on comments heard in March
and is in the process of formulating the actual document. The final product will include a
comprehensive list of all actions necessary to implement the plan in a phased approach and, also,
detailed recommendations to amend the Zoning Ordinance as part of the overall vision for the
area. It should be noted that the Zoning Ordinance change recommendations included in the
Master Plan document will come separately before P&Z and the City Council for formal adoption
at a later date.
The document will be ready for presentation and consideration by the Planning and Zoning
Commission and City Council in July. Staff asks that the City Council consider a joint meeting to
promote discussion between the two bodies so that issues raised can be fully understood by both.
This, in turn, should cut down on the adoption timeline and allow staff to quickly begin work on
plan implementation.
RECOMMENDATION:
th
Staff would like to recommend Thursday, July 20 at 5:00 p.m. for this special joint meeting.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
AGENDA MEMO
(05/23/2006 AGENDA)
DATE:
May 15, 2006
TO:
Honorable Mayor and Members of the City Council
FROM:
Gerry Bradley, Director of Parks
SUBJECT:
Parks Department Mowing Contract
BACKGROUND:
In March 2006, the City’s mowing contractor, Earth Green Landscape, requested
a 57% increase in the mowing contract based on increased labor and fuel costs.
This request would have increased the contract amount from $77,000.00 per
year to $135,000.00 per year. The City did not grant the contractor’s request and
on April 6, 2006, the Parks Department terminated the mowing contract based
on the contractor’s lack of performance. As a result, the City re-advertised (Park
Cities News) and opened sealed bids or May 4, 2006 (see attached bid
tabulation).
The successful low bidder for the annual mowing contract is Greener Pastures
Landscape Management of Dallas for $118,200.54. The City has used Greener
Pastures services in past mowing contracts and is very satisfied with the
company’s performance.
If approved by City Council, funding for the contract will be provided through the
Parks Department’s general operating budget and from a budget amendment in
June 2006.
RECOMMENDATION:
Staff is requesting City Council to approve staff’s recommendation of entering
into an annual mowing contract with Greener Pastures Landscape Management
of Dallas.
ATTACHMENTS:
Bid Tabulation
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Mowing Contract – Coty Council May 23, 2006 8:59 AM 05/17/06
BID TAB 2006 Mowing Contract Bid #06-03
May 4, 2006 @ 10:00 a.m.
Mowing all public properties in University Park
VENDOR ANNUAL TOTAL
Greener Pastures
Main Bid $ 59,273.54
Added Locations $ 58,927.00
TOTAL $ 118,200.54
Lawns of Dallas
Main Bid $ 62,396.00
Added Locations $ 77,625.00
TOTAL $ 140,021.00
PRICE HISTORY:
Bid #01-16, Opened 8/23/01
Awarded to Greener Pastures
medians only
Total Cost Year 1 = $51,870.00
Renewed contract through Nov. 2004
Bid #00-21, Opened 9/25/00
Awarded to TruGreen Landcare
medians only
Total Cost Year 1 = $54,693.65
Cancelled contract August 2001
Bid #97-27, Opened 9/19/97
Awarded to Lawns of Dallas
medians only
Total Cost Year 1 = $35,682.00
Renewed contract in '98 and '99
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
Mowing Contract – Coty Council May 23, 2006 8:59 AM 05/17/06
AGENDA MEMO
(05/23/06 AGENDA)
DATE:
May 16, 2006
TO:
Honorable Mayor and City Council
FROM:
Nina Wilson
City Secretary
SUBJECT: ORDINANCE ADOPTING AMENDMENTS TO CHARTER
On the ballot for the May 13, 2006 election, there were two propositions listed. The final
tally for those propositions at Early Voting and Election Day are as follows:
Proposition No. 1 For: 95
Against: 29
Proposition No. 2 For: 97
Against: 25.
RECOMMENDATION:
I suggest the ordinance be approved and new Home Rule Charter booklets be printed.
ATTACHMENTS:
Election Results
Ordinance
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
U:\Docs\Election\2006\May\Memo Adopting Ordinance for Amendments to Home Rule Charter.doc 9:32 AM 05/17/06
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
ADOPTING AMENDMENTS TO THE HOME RULE CHARTER,
APPROVED BY THE VOTERS OF THE CITY OF UNIVERSITY
PARK AT AN ELECTION HELD ON MAY 13, 2006; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS
, the City Council heretofore ordered that an election be held in the
City of University Park, Texas, on May 13, 2006, for the purpose of adopting
amendments to the Home Rule Charter of the City of University Park; and
WHEREAS
, immediately after said election, the presiding judges and other
election officials holding said election made their returns and the results thereof to the
City Council; and
WHEREAS
, a majority of the votes cast at said election were for the adoption of
Propositions 1 and 2 amending the Home Rule Charter of the City of University Park,
Texas; and
WHEREAS
, the City Council canvassed the results of the election on May 23,
2006;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF UNIVERSITY PARK, TEXAS;
SECTION 1.
That Propositions 1 and 2 amending the Home Rule Charter,
approved and adopted by the voters of the City of University Park, at an election held for
that purpose on May 13, 2006, a copy of which Propositions is attached hereto as Exhibit
“A” and made a part hereof for all purposes, are hereby declared to be amendments to the
Home Rule Charter of the City of University Park, Texas, to take effect immediately
from and after the passage of this Ordinance.
SECTION 2.
That the City Secretary shall record in the Office of the City
Secretary, the Charter amendments adopted by the voters of the City; and, pursuant to
Section 9.007, T.L.G’C, the Mayor shall certify to the Secretary of State
EX OC OVT ODE
of the State of Texas, an authenticated copy of this Ordinance and said amendment to the
Home Rule Charter under the seal of the City, showing the approval by the qualified
voters of the City of University Park, Texas.
SECTION 3.
That this ordinance shall take effect immediately from and after its
passage, as the law and charter in such case provide; and,
IT IS ACCORDINGLY SO ORDAINED.
Page 1
66462
DULY PASSED AND APPROVEDBY THE CITY COUNCIL OF THE
CITY OF UNIVERSITY PARK, TEXAS, ON THE 23RD DAY OF MAY 2006.
APPROVED:
___________________________________
JAMES H. HOLMES III, MAYOR
ATTEST:
________________________________
NINA WILSON, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY (RLD, 5/16/06)
Page 2
66462
EXHIBIT “A”
Proposition No. 1.
“ Shall Chapter 10 of the Home Rule Charter of the City of University Park be
amended to add a new Section 10.05 to read as follows:
Section 10.05 The City Council shall submit to popular vote any ordinance or
resolution approved by the City Council which, if implemented, would have the
effect of permanently changing the surface use of more than 5,000 square feet of
(i) any green belt, field, wood, creek, pond, lagoon, or other water course that is
one acre or larger in area, that is owned by the city, and that is being used as a
park, or (ii) Elena’s Children’s Park.”
Proposition No. 2.
“Shall Chapter 13 of the Home Rule Charter of the City of University Park be
amended to add a new Section 13.16 to read as follows:
Section 13.16 If the area of any land owned by the city and being used as a park
or of any city-owned green space located within or adjacent to any public street
will be permanently reduced by a proposed, city-initiated public works project,
the city shall give written notice of the proposed project (i) to the record owner of
each lot any portion of which is located within 500 feet of the area where the
reduction will occur, (ii) prior to or concurrently with the advertisement by the
city soliciting public bids for the proposed project.”
Page 3
66462
MAYOR’S CERTIFICATE OF AUTHENTICATION
Pursuant to T.L.G’C A., Section 9.007, I James H. Holmes III,
EX OC OVT ODENN
Mayor of the City of University Park, Texas, do hereby certify that the above and
foregoing is a true and correct copy of the City of University Park Ordinance No.
_________, adopted by the City Council of the City of University Park, Texas, on the
23rd day of May 2006, and is a true and correct copy of the amendments to the City of
University Park Home Rule Charter approved by the voters of the City of University Park
at an election held for that purpose on May 13, 2006.
This certificate of authentication executed this 23rd day of May 2006.
James H. Holmes III, Mayor
ATTEST:
________________________________
Nina Wilson, City Secretary
Seal of the City of University Park, Texas
Page 4
66462
CITY OF UNIVERSITY PARK GENERAL ELECTION
Unofficial Combined Election Results
May 13, 2006
Ballots Cast
Early Voting - Mail
Early Voting - In-Person
Election Day - M 100
Election Day - ADA Ivotronic
Total Ballots Cast
Provisional Ballots
Reg Voters
% Turnout
o
76
49
o
125
o
15,315
0.82%
Early Voting Early Voting Election Day Election Day Total Vote %
Mail In-Person M100 ADA Ivotronic
Mayor
James "Blackie"
Holmes 0 61 41 102 1 00.00%
TOTAL 0 61 41 0 102 100.00%
For Member of Council (Vote for Four)
Jerry Grable 0 54 33
Harry Shawver 0 57 37
Kelly Walker 0 55 36
Syd Carter 0 59 36
TOTAL 0 225 142
o
87 23.71%
94 25.61%
91 24.80%
95 25.89%
367 100.00%
Proposition No.1
For 0
Against 0
TOTAL 0
55
20
75
40
9
49
o
95 76.61 %
29 23.39%
124 100.00%
Proposition No. 2
For 0 56 41 97 79.51 %
Against 0 18 7 25 20.49%
TOTAL 0 74 48 0 122 100.00%
I; c-V
AGENDA MEMO
(05/23/06 AGENDA)
DATE:
May 16, 2006
TO:
Honorable Mayor and City Council
FROM:
Nina Wilson
City Secretary
SUBJECT: RESOLUTION TO CANVASS RETURNS AND DECLARATION
OF RESULTS OF MUNICIPAL ELECTION OF MAY 13, 2006
On May 13, 2006, an election was held to elect a mayor, four city councilmembers and
approve two charter amendments. All candidates were unopposed.
The attached resolution canvasses the returns and declares the results of the city council
election.
RECOMMENDATION:
I recommend passage of the attached resolution.
ATTACHMENTS:
Resolution
Election Results
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
U:\Docs\Election\2006\May\Memo to canvass votes 2006.doc 9:34 AM 05/17/06
RESOLUTION NO. ______________
CANVASS OF RETURNS AND DECLARATION OF RESULTS OF AN ELECTION
HELD IN THE CITY OF UNIVERSITY PARK, TEXAS, ON MAY 13, 2006 FOR THE
ELECTION OF CITY OFFICIALS FOR THE CITY OF UNIVERSITY PARK, TEXAS.
BE IT REMEMBERED
that, heretofore, on the 7th day of February 2006, the City
th
Council of the City of University Park, Texas, duly called an election to be held on the 13 day of
May 2006, for the purpose of electing a Mayor for a two-year term and four Councilmembers for
two-year terms.
rd
BE IT REMEMBERED
that on the 23 day of May 2006, at a meeting of the City
Council of the City of University Park, Texas, a quorum being present, the meeting was called to
order and the following business was transacted.
Upon motion duly made and seconded, it was unanimously ordered that the City Council
th
consider the official returns of an election held in the City on the 13 day of May 2006, for the
purpose of electing a Mayor and four Councilmembers for the City of University Park.
WHEREAS,
immediately after said election, the Presiding Judge and other election
officials holding said election made their returns and the results thereof to the City Council
according to law and duly authenticated that the written notice of said election was published and
posted for the time and in the manner provided by law and by the ordinance calling the election,
and all proceedings pertaining to said election having been shown to have been done and
performed at and within the time and within the manner provided by law, and all papers pertaining
thereto having been returned and filed with the City Council, and no protest or objection being
made to or regarding any matter pertaining to said election;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1.
That after examining said returns and opening and canvassing the votes cast at said
election, the results of said election are as follows:
That there were 125 votes cast, according to the returns; and each of the candidates listed
on the ballot in said election received the following votes:
Name of Candidate Number of Votes Received
FOR MAYOR:
James H. Holmes, III 102
FOR COUNCILMEMBERS:
Jerry L. Grable 87
Harry R. Shawver, Jr. 94
Kelly J. Walker 91
Sydney D.Carter 95
That there were no write-in votes cast.
SECTION 2.
That, on May 13, 2006, James H. Holmes, III was elected Mayor of the City of University
Park; and that Jerry L. Grable, Harry R. Shawver, Kelly J. Walker and Sydney D. Carter were
elected Councilmembers of the City of University Park. The above parties are declared duly
elected to their respective offices subject to the taking of oaths and filing of bonds as provided by
law.
rd
DULY ADOPTED
by the City Council of the City of University Park, Texas, on the 23
day of May 2006.
APPROVED:
James H. Holmes, III, Mayor
ATTEST:
Nina Wilson, City Secretary
CITY OF UNIVERSITY PARK GENERAL ELECTION
Unofficial Combined Election Results
May 13, 2006
Ballots Cast
Early Voting - Mail
Early Voting - In-Person
Election Day - M 100
Election Day - ADA Ivotronic
Total Ballots Cast
Provisional Ballots
Reg Voters
% Turnout
o
76
49
o
125
o
15,315
0.82%
Early Voting Early Voting Election Day Election Day Total Vote %
Mail In-Person M100 ADA Ivotronic
Mayor
James "Blackie"
Holmes 0 61 41 102 1 00.00%
TOTAL 0 61 41 0 102 1 00.00%
For Member of Council (Vote for Four)
Jerry Grable 0 54 33
Harry Shawver 0 57 37
Kelly Walker 0 55 36
Syd Carter 0 59 36
TOTAL 0 225 142
o
87 23.71%
94 25.61 %
91 24.80%
95 25.89%
367 100.00%
Proposition No.1
For 0
Against 0
TOTAL 0
55
20
75
40
9
49
o
95 76.61 %
29 23.39%
124 100.00%
Proposition No. 2
For 0
Against 0
TOTAL 0
56
18
74
41
7
48
o
97 79.51 %
25 20.49%
122 100.00%
c-V