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MINUTES
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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, JUNE 1, 2004, 5:00 P.M.
Mayor Holmes convened the council into a pre-meeting at 4:02 p.m. to discuss the
upcoming City Council Agenda. No action was voted on or taken.
Mayor Holmes then opened the regular meeting of the City Council. Present were Mayor
Pro Tempore Jim Roberts, Councilmembers Harry Shawver, Kelly Walker and Sydney
Carter. Also in attendance were City Attorney Rob Dillard, City Manager Bob
Livingston, Public Works Director Bud Smallwood, Finance Director Kent Austin, Police
Chief Gary Adams, Fire Chief David Ledbetter, Human Resources Director Luanne
Hanford and Deputy City Secretary Robert Corder. City Secretary Nina Wilson was
absent and excused.
AWARDS & RECOGNITION:
COMMENDATION: Police Chief Gary Adams presented a commendation on behalf of
the City Of University Park to Ms. Kim Duncan. Ms. Duncan observed two individuals
running from a garage in the 3000 block of Hanover. Ms. Duncan quickly called the
University Park Police and the individuals were stopped. Officers discovered that the
vehicle the suspects were driving was stolen from Dallas, and contained stolen property
from the residence.
RECOGNITION: Finance Director Kent Austin recognized the members of the Texas
Higher Education Authority. Members present included Eiband Wilshusen, Wayne
Tenney, O. Paul Corley, and Trevor Rees-Jones. Don Houseman and Richard
Quisenberry were not present. Mr. Austin presented each member in attendance with
certificates of appreciation and noted the accomplishments of the authority.
DEPARTMENT PINS: City Manager Bob Livingston presented department service pins
to Robert Rogers for 15 years of service with the City and to Jacob Speer for 5 years of
service with the City.
BOY SCOUTS: Mayor Holmes asked any Boy Scouts in attendance to approach the
podium and give their name, troop number, and merit badge working towards while
attending the meeting. Mr. Stephen Turney from Troop 125 was working on his
Communications badge; Mr. Owen McCrory from Troop 72 was working on his
Communications badge; and Mr. Michael Demdicki from Troop 125 was working on his
Citizenship in the Community badge.
Councilmember Shawver moved acceptance of the Consent Agenda. Councilmember
Carter seconded, and the vote was unanimous to approve the following:
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CONSENT AGENDA
CONFIRMATION OF JIM ROBERTS AS MAYOR PRO TEMPORE: Approval of this
item would confirm Jim Roberts as the Mayor Pro Tempore through 2006.
CONSIDER RESOLUTION: Approval of the resolution will authorize participation in
the Corporate Travel Charge Card Program of BankOne, and authorize the Purchasing
Agent to execute the agreement.
RESOLUTION NO. 04-05
A RESOLUTION OF THE CITY COUNCIL OF UNIVERSITY PARK, TEXAS,
AUTHORIZING PARTICIPATION IN THE CORPORATE TRAVEL CHARGE CARD
PROGRAM OF BANK ONE; AUTHORIZING EXECUTION OF AN AGREEMENT
AND OTHER NECESSARY PAPERS BY THE PURCHASING AGENT; AND
PROVIDING AN EFFECTIVE DATE.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For May 19 &
24, 2004.
MAIN AGENDA
CONSIDER ORDINANCE ABANDONING DYER RIGHT-OF-WAY FROM
AIRLINE TO DULBIN TO SOUTHERN METHODIST UNIVERSITY: Director of
Public Works Bud Smallwood introduced the proposed ROW abandonment and indicated
that this item was a cleanup issue from a previously authorized rezoning, street
realignment, and screening wall. The City will receive fair market value for the proposed
ROW abandonment. Mayor Pro Tempore Jim Roberts moved for approval of the
proposed ROW abandonment. Councilmember Sydney Carter seconded, and the vote
was unanimous to approve the ROW abandonment.
ORDINANCE NO 04/17
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING
ALLEY RIGHT-OF-WAY AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A", AND ABANDONING STREET RIGHTS-OF-WAY AS MORE PARTICULARY
DESCRIBED IN EXHIBIT "B" AND "C", TO THE ABUTTING OWNER,
SOUTHERN METHODIST UNIVERSITY, IN CONSIDERATION OF THE
PAYMENT OF THE MARKET VALUE AND CONVEYANCE TO THE CITY OF AN
ALLEY EASEMENT FOR THE PROPERTY MORE PARTICULARLY DESCRIBED
IN EXHIBIT "D"; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY
OF THIS DOCUMENT FOR RECORDING IN THE REAL PROPERTY RECORDS
OF DALLAS COUNTY, TEXAS AS A DEED; AND PROVIDING AN EFFECTIVE
DATE.
CONSIDER REQUEST FROM CINDY WILLIAMS OF THE UNIVERSITY PARK
ELEMENTARY SCHOOL PTA FOR FEE WAIVER FOR USE OF CURTIS PARK:
Ms. Cindy Williams has requested the City consider waiving a fee waiver for use of
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Curtis Park. Previous use of the park by this organization required a $300 fee plus a $250
security deposit. City Manager Bob Livingston, citing previous recommendations to
deny fee waivers for use of park, indicated he was recommending against the proposed
fee waiver. However, he did indicate that he would like the new Parks Director to work
with the Parks Advisory Committee to develop a fee analysis and policy regarding fee
waiver requests. Councilmember Shawver moved to deny the fee waiver by Ms.
Williams. Mayor Pro Tempore seconded, and the vote was unanimous to deny the fee
waiver request.
CONSIDER ORDINANCE ABANDONING RIGHT-OF-WAY AT THE CORNER OF
CARUTH AND TURTLE CREEK BLVD: Director of Public Works Bud Smallwood
introduced the item that would abandon a triangular ROW at the northwest comer of
Camth and Turtle Creek. The City will receive fair market value for the proposed ROW
abandonment. Councilmember Shawver moved for approval of the proposed ROW
abandonment. Councilmember Walker seconded, and the vote was unanimous to
approve the ROW abandonment.
ORDINANCE NO 04/18
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING
A PORTION OF THE STREET RIGHT-OF-WAY OF CARUTH BOULEVARD AND
TURTLE CREEK BOULEVARD, AS MORE PARTICULARLY DESCRIBED AND
DEPICTED IN EXHIBIT "A", TO THE ABUTTING OWNER IN CONSIDERATION
OF THE PAYMENT OF THE APPRAISED MARKET VALUE OF $45,850, BY THE
OWNER 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 QUIT CLAIM DEED; AND
PROVIDING AN EFFECTIVE DATE.
RETIREMENT PLAQUE: Mayor Pro Tempore Jim Roberts presented Agustin B.
Carbajal with a plaque for his 18 years of service with the City. Mayor Pro Tempore
Roberts also presented Mr. Carbajal with two checks and thanked him for his years of
service with the Parks Department.
CONDISER REQUEST TO REZONE PD-2-R - 4520 LOVERS LANE: In November,
2003 the Park Cities Animal Hospital received approval from the Planning and Zoning
Commission for a sixteen foot addition to the rear of their space in Planned Development
District 2-Retail. After further review of their space needs, the applicant made a request
at the April 19, 2004 Planning and Zoning meeting for an additional two feet to the
building, for a total addition of 537 square feet. The Planning and Zoning Commission
approved the request. Mayor Pro Tempore Jim Roberts moved for approval of the
request to amend PD-2-4. Councilmember Walker seconded the motion and the vote was
unanimous to approve the amended PD-2-R. At that time the applicant questioned
whether that included the additional two feet requested. Mayor Pro Tempore Roberts
amended his motion to specify the additional two feet. Councilmember Walker seconded
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the amended motion, and the vote was unanimous to approve the amended PD-2-R for an
additional two feet, for a total of 18 feet.
ORDINANCE NO 04/19
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND
PLANNED DEVELOPMENT DISTRICT NO. 2 (PD-2-R) FOR THE PROPERTY
DESCRIBED AS LOT 2 OF BLOCK C, IDLEWILD NO. 2, AN ADDITION TO THE
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE
COMMONLY KNOWN AS 4520 LOVERS LANE, UNIVERSITY PARK, TEXAS;
APPROVING A SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
CONSIDER REQUEST TO REZONE 5801 HILLCREST FROM MF-2-MF-3: A
rezoning request at 5801 Hillcrest by Highland Park United Methodist Church has been
reviewed and approved by the Planning & Zoning Commission. The proposed change
would rezone the property from Multi Family District 2 to Multi Family District 3. The
MF-3 zoning classification would allow a total of thirteen multi-family' units on the
property. Councilmember Walker moved to approve the zoning request from MF-2 to
MF-3. Councilmember Shawver seconded the motion, and the vote was unanimous to
approve the rezoning request.
ORDINANCE NO. 04/20
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, BY CHANGING THE
ZONING ON THE PROPERTY AT 5801 HILLCREST FROM MULTI FAMILY
DISTRICT 2 (MF-2) TO MULTI FAMILY DISTRICT 3 (MF-3), SAID PROPERTY
BEING MORE PARTICULARLY DESCRIBED AS LOTS 9 AND 10, BLOCK 6,
WALKER'S ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK,
DALLAS COUNTY, TEXAS; 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 AMENDING THE FY2004 BUDGET: Staff is requesting
Council approval to transfer monies to the Capital Projects Fund for the City Hall
Renovation project in the amount of $3,450,000. The transfer would come from two
sources: 1) unreserved fun balance in the General Fund, $2,200,000; and 2) unreserved
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fund balance in the Utility Fund, $1,250,000. Councilmember Shawver moved to
approve the budget transfer. Councilmember Walker seconded the motion, and the vote
was unanimous to approve the transfer.
ORDINANCE NO. 04/21
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE 2003-2004 FISCAL YEAR BUDGET, ORDINANCE NO. 03/22, TO TRANSFER
FUNDS FROM THE FISCAL YEAR 2004 GENERAL FUND AND UTILITY FUND
INTO THE CAPITAL PROJECTS FUND; AND PROVIDING AN EFFECTIVE DATE.
DISCUSSION REGARDING PROPOSAL FOR CABLE TV FRANCHISE RENEWAL
ADVISORY GROUP: The City's cable TV franchise agreement with Charter
Communications expires in 2005. During previous franchise negotiations a staff member
and Council representative have held discussions with Charter Communications. Staff is
proposing to form a temporary advisory committee formed of citizens from University
Park and Highland Park to negotiate the agreement on behalf of the communities. The
committee would be a five to seven member committee with approximately 2-3 members
from Highland Park and the remaining members from University Park.
CONSIDER COMMITTEE APPOINTMENTS: Mayor Holmes has been working with
staff members to consider new appointments to the City's various statutory and advisory
committees. A list was provided to Council of the proposed committee members. Mayor
Pro-Tempore Jim Roberts moved to approve the committee appointments.
Councilmember Carter seconded the motion, and the vote was unanimous to approve the
appointments. Mayor Holmes then announced the formation of a City Hall Renovation
Oversight Committee. The temporary committee would be comprised of former mayor
Harold Peek, Olin Lane, John Walsh, Bob Livingston, and Blackie Holmes.
DISCUSS DATE FOR JUNE WORK SESSION AND MEETING DATES FOR THE
REMAINDER OF 2004: Brief discussion regarding a need to move the June 16th work
session to June 18th. Members of Council agreed that this new date would work, and an
upcoming item would be added to discuss the remaining meeting dates.
CONSIDER CHANGE ORDER NO. 1 WITH SYB CONSTRUCTION FOR UTILITY
IMPROVEMENTS ALONG LOVERS LANE: Council awarded SYB Construction a
contract in the amount of $1,489,258 for utility improvements along Lovers Lane in
December, 2003. Staff discovered that the Lovers Lane reconstruction project could be
expedited if the remaining utility work along Lovers Lane from Thackeray to Hillcrest
could be added to SYB's contract. The proposed change order would be in the amount of
$148,033.50. Councilmember Shawver moved to approve change order No. 1 with SYB
construction. Councilmember Walker seconded the motion, and the vote was unanimous
to approve change order No. 1 with SYB Construction.
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PASSED AND APPROVED this 18m day of June 2004.
ATTEST:
(J_J~ef/H. Holme~ III, May~