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HomeMy WebLinkAboutAgenda 07-06-04 Names Tabs AGENDA #2417 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JULY 6, 2004 AT 5:00 P.M. 4:00- 5:00 P.M. WORK SESSION FOR AGENDA REVIEW I. INVOCATION - Councilmember Harry R. Shawver, Jr. II. INTRODUCTION OF STAFF - City Manager Bob Livingston III. AWARDS & RECOGNITION: A. PRESENTATION: Plaque to Widow ofLindsay Branton B. EMPLOYEE RECOGNITION AWARDS TO PARK DIVISION STAFF: For willingness to "go the extra mile" following the recent storm concurrent with the removal of trees along the Lovers Lane corridor: Luis Alba, Agustin Chavez, Tony Cruz, Simon Gonzalez, Marlo Montoya, Jose Munoz, Jeremy Oates, Robert Ramon, George Romo and Ricardo Sarabia. - Tab I C. DEPARTMENT PINS: 15-year pin to City Engineer Bob Whaling and 15-year pin to Sanitation Secretary Scott Hoover for service to the city. IV. ITEMS FROM THE FLOOR A. WATER QUALITY: Taking public comment regarding water quality 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. CONSENT AGENDA A. CONSIDER: Resolution appointing Ray Noah as DART Board Member - Livingston Tab II B. CONSIDER: Approval of minutes for city council meetings on June 18 & 22, 2004 - Wilson Tab III V1. MAIN A. B. C. AGENDA PUBLIC HEAR1NG: For abatement of nuisances at 4420 Amherst - McLaurin Tab IV CONSIDER: Request for discussion of duplex zoning districts by ZOAC - McLaurin Tab V CONSIDER: City Council/Staff Planning Retreat October 7 & 8, 2004 - Livingston Tab VI 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. B. C. D. E. F. H. I. J. K. L. INFORMATION AGENDA Tab VII REPORTS, BOARD AND COMMITTEE MEETING MINUTES BOARD OF ADJUSTMENT Minutes for March 22, 2004 EMPLOYEE BENFITS ADVISORY COMMITTEE FINANCE ADVISORY COMMITTEE Minutes for May 18, 2004 PARK ADVISORY COMMITTEE PLANNING & ZONING COMMISSION PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE PUBLIC SAFETY ADVISORY COMMITTEE PUBLIC WORKS ADVISORY COMMITTEE URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE ZONING ORDINANCE ADVISORY COMMITTEE CAPITAL PROJECTS REVIEW COMMITTEE CAPITAL PROJECTS UPDATE for Week of July 1, 2004 AGENDA MEMO (07-06-04 AGENDA) DATE: TO: FROM: SUBJECT: June 30, 2004 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Employee Recognition Award for Park Division staff. Background. My nomination of the following Park Department staff for the Employee Recognition Award is the result of their willingness to "go the extra mile". Following the recent storm, they were required to work long hours to address the significant damage to trees and other landscape materials in the community. Concurrent with that effort, the crew managed time to assist the Engineering Division with the removal of twenty-four large trees along the Lovers Lane corridor and allow the contractor to move onto the job on schedule. It would have been very easy to delay the tree removal until after the storm cleanup, but the Park staff felt it was important to honor a prior commitment. Theirs efforts in this situation exemplify the characteristics of service excellence with their cooperation, responsiveness, and teamwork. The Park "team" included Jose Munos, Luis Alba, Tony Cruz, Augustin Chavez, Mario Montoya, Ricardo Sarabia, Robert Ramon, Simon Gonzalez, George Romo, Jeremy Oates. We sincerely appreciate your assistance. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 RESOLUTION NO. 04- A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AFFIRMING AN AGREEMENT WITH THE CITIES OF ADDISON, RICHARDSON AND HIGHLAND PARK REGARDING THE SELECTION PROCESS FOR A SHARED MEMBER TO THE DALLAS AREA RAPID TRANSIT (DART) BOARD OF DIRECTORS; AND AUTHORIZING THE MAYOR TO APPROVE A CANDIDATE FOR BOARD MEMBER. WHEREAS, Resolution No.94-8 of the City Council of the City of University Park establishes a method for creation of and appointment to a shared position on the DART Board of Directors; and WHEREAS, it is the desire of the University Park City Council to continue using the method established in Resolution No. 94-8; and WHEREAS, the City of Richardson has submitted the name of Raymond D. Noah as the individual to serve in this position; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1: That the City Council of the City of University Park hereby concurs with and hereby approves the appointment of Raymond D. Noah to the DART Board of Directors as nominated by the City of Richardson. SECTION 2: That the other provisions of Resolution No. 94-8 continue to apply. SECTION 3: This Resolution shall take effect immediately from and after its adoption. DULY PASSED AND APPROVED by the City Council of the City of University Park, Texas, on this the 6~h day of July 2004. APPROVED: ATTEST: JAMES H. HOLMES, III MAYOR NINA WILSON, CITY SECRETARY MINUTES #2415 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS FRIDAY, JUNE 18, 2004, 7:30 A.M. Mayor Blackie Holmes 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 and City Secretary Nina Wilson. PRESENTATION: Dr. Alex del Carmen, University of Texas at Arlington, spoke on the Independent Commission on Racial Profiling. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Shawver seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER RESOLUTIONS AMENDING CITY INVESTMENT POLICY AND APPROVING PARTICIPATION IN TEXASTERM LOCAL GOVERNMENT INVESTMENT POOL: Staff proposes to modify the investment policy by adding TexasTERM as an authorized investment for the City. TexasTERM is a professionally managed pool consisting of high quality, fixed-term investments (U.S. government agency and Treasury securities, collateralized repurchase agreements, collateralized certificates of deposit, and SEC-regulated money market mutual funds). TexasTERM offers participants a fixed-term, fixed rate investment for up to one year. The result is a product with the benefits of a CD and the safety of a large pool. Other highlights of the City's investment policy include: emphasis on safety of principal first, liquidity second, and yield third; listing of eligible investments; requirements for quarterly investment reporting; use of delivery versus payment for settlement of investment transactions; establishment of asset allocation limits, limitation of maximum portfolio weighted average maturity to 548 days (1.5 years) and no final stated maturities longer than five years for individual securities; designation of the Finance Advisory Committee as the City's investment committee. Finance Director, City Manager, and City Controller will be the investment officers. RESOLUTION NO. 04-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE INVESTMENT POLICY OF THE CITY OF UNIVERSITY PARK HERETOFORE ADOPTED BY RESOLUTION NO. 03- 11; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 04-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ENTERING INTO A PARTICIPATION AGREEMENT WITH THE TEXASTERM LOCAL GOVERNMENT INVESTMENT PORTFOLIO; AND PROVIDING AN EFFECTIVE DATE. CONSIDER BID #04-09, ANNUAL CONTRACT FOR FUELS: The City buys fuel based on a mark-up or mark-down from the daily average wholesale fuel prices for the Dallas/Ft. Worth area as published by the Oil Price Information Service (OPIS). Petroleum Traders, Inc. submitted the low bid. The City will purchase approximately $179,299.50 in fuel. Petroleum Traders has been the City's fuel vendor since April 1999. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For June 1, 2004. MAIN AGENDA CONSIDER PROPERTY, CASUALTY, LIABILITY & WORKERS COMPENSATION INSURANCE RENEWAL: The committee reviewed renewal options. Committee Chairman Frank Swingle compared bids, and the committee recommended staying with Arthur Gallagher. The City has been with them for 15-16 years and the decision to remain was unanimous. Councilmember Shawver moved approval of the renewal for property, casualty, liability and workers compensation. Councilmember Walker seconded, and the vote was unanimous for approval of the renewal. DISCUSSION & ACTION ON WHETHER TO MODIFY OR CHANGE PRIOR CITY COUNCIL'S ACTION AND DESIGN OF THE RENOVATION OF CITY HALL: Mayor Holmes gave the history of the renovation and noted that an ordinance was passed February 18, 2004 to renovate the building. He noted that three (3) notices had been made of the public hearing on February 3, 2004. He requested neighbors who had not had the opportunity to speak be given that opportunity first. Eleven residents spoke in opposition to the renovation: Nancy Dietrich, 3705 Haynie; Lucy Billingsley, 6701 Turtle Creek; Ian D. Packer, 3649 Haynie; Bill Thompson, 3709 Haynie; Henry Billingsley, 6701 Turtle Creek; John Walsh, 4015 University; David Jackson, 6625 Golf; Ms. Randee Hefflefinger, 3600 Rosedale; Martin Davidson, 3636 Haynie; Wade Mayo, 3613 Haynie and Jim Harrell, 6629 Golf. Twelve were in favor of the renovation: James Keay, 6617 Golf, who represented Tom and Pam Luce, Peggy Wildman and Mr. & Mrs. Frank King; Former Mayor Harold Peek, 3611 Villanova; Bob Clark, 7715 Turtle Creek; Tommy Stewart, 3213 Marquette; Former Mayor Barbara Hitzelberger, 3921 Caruth; Tom McConnell, 3636 Amherst and Taylor Armstrong, 3801 Centenary. Mayor Holmes then asked those for and against the renovation to raise their hands. He noted the response was about even. City Manager Bob Livingston answered the question of the reduction in homeowners' insurance with the lowering of the ISO Rating. He had requested Scott Ragland, member of the insurance committee to check several houses to see how the new rating would affect their insurance bill. Mr. Ragland checked two houses with Chubb & Travelers Insurance: 3815 Stanford would drop to $347, a 9.64% decrease and 3616 Caruth would drop to $407, a 7.25% decrease. Mr. Frank Swingle, Chairman of the insurance committee, said the basic rate would be 7-8% less. Mayor Holmes then asked that the spoken word cease, and he announced that another discussion would take place and a decision announced on Tuesday, June 22, 2004 at 5:00 p.m. in the Council Chambers at City Hall. He then moved the city council meeting downstairs to the conference room where the remainder of the agenda was discussed. DISCUSS SCHEDULE FOR CONSTRUCTION OF WATER AND SANITARY SEWER IMPROVEMENTS IN THE AREA EAST OF CARUTH PARK: This will include the alley in the 32-3300 block of Centenary - Marquette; alley in the 32-3400 block of Colgate - Caruth; 32-3300 block of Caruth; alley in the 32-3300 block of Greenbrier-Southwestern and Hillcrest, alley north of Southwestern to Caruth, and the parking area at the east end of Caruth Park. Construction will start in September, and completion is expected to be mid-to- late 2005. City Council agreed that the city should move forward with the project. DISCUSS PROSPECTS FOR PAPERLESS AGENDA: The discussion included automating the delivery of agenda packets, Friday reports, email, and other crucial information to the City Council. Director of Information Services Jim Criswell discussed the possibility noting that everyone's comfort level was important to the project. Laptops could be provided the council in order to receive the Friday Repons and City Council Agendas, or email accounts could be set up which could be accessed from home. He provided a questionnaire to each member of the council and asked that they return them to the city manager. Mayor Holmes then called the meeting into Executive Session at 9:37 a.m. regarding personnel items with respect to TMRS AND FRRF and for a consultation with the City Attorney regarding potential litigation under Sections 551.071 and 551.074 of the Texas Government Code. The Executive Session ended at 10:40 a.m. No action was voted on or taken during the meeting. PASSED AND APPROVED this 6th day of July 2004. ATTEST: James H. Holmes Ill, Mayor Nina Wilson, City Secretary MINUTES #2416 CITY COUNCIL SPECIAL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JUNE 22, 2004, 5:00 P.M. Mayor Blackie Holmes opened the special 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 and Deputy City Secretary Robbie Corder. Mayor Holmes indicated that the meeting had been called to consider action to reaffirm a previous Council's action on proposed design plans for the City Hall remodel. A public hearing was conducted on February 3, 2004 to receive testimony regarding the proposed plans for the City Hall expansion and remodel. Additional comments were received during a second public hearing on February 18, 2004. On June 18, 2004 Council listened to additional testimony from the public regarding the City Hall remodel. At the close of the June 18, 2004 meeting Council closed testimony regarding the remodel. During the June 18, 2004 meeting, several questions were posed by residents regarding the design plans. Mayor Holmes indicated that Council and staff were working to answer those questions, and indicated that the answers would be posted on the City's website by 5PM on Thursday June 24, 2004. Citizens could also pick up written copies of the posted answers at City Hall on Friday June 25, 2004. Mayor Holmes also indicated that City staff members have marked the area around the park for the proposed expansion. Original building designs had been modified to reduce the encroachment onto Goar Park by eleven feet, thereby reducing the number of trees needing removal. During the public hearing on February 3, 2004, Mr. Henry Billingsley addressed the Council to request consideration of an alternative site. An alternative site had not been provided until Mr. John Walsh provided the Council with a site during the June 18, 2004 meeting. Mr. Walsh proposed the City consider the Chase Bank Building on Snider Plaza as an alternative site to purchase or lease. Mayor Holmes indicated that since the Council had requested Mr. Billingsley to provide an alternative site for consideration, the Council has come to the conclusion that the prudent decision would be to study whether or not the Chase Bank building is suitable for the city's needs. Proper due diligence would be to delay action until future consideration could be given to the alternative site. Mayor Holmes announced that a committee comprised of four citizens would be appointed to study the Chase Bank building site. Councilmember Walker would be included as a committee member to utilize her expertise in environmental issues that could arise from remodeling the Chase Bank Building. The committee must provide a response to the Council within ninety days outlining whether or not the Chase Bank would be appropriate and in the best interest of the City of University Park. The committee would be appointed within the next few days. Mayor Pro Tempore Roberts moved to adjourn. Councilmember Walker seconded the motion, and the vote was unanimous to adjourn. PASSED AND APPROVED this 6th day of July 2004. ATTEST: James H. Holmes III, Mayor Robbie Corder, Deputy City Secretary AGENDA MEMO (7/6/04 AGENDA) DATE: July 1, 2004 TO: Honorable Mayor and City Council FROM: Wade McLaurin, Building & Zoning Administrator SUBJECT: Hearing for Abatement of Nuisances at 4420 Amherst BACKGROUND: On December 27, 2003, the residence at 4420 Amherst was substantially destroyed as a result of a fire that started within the structure. After the fire was extinguished, boards were placed over the first floor windows and doors by the Fire Department to prevent entry to the structure. As directed, the property owner erected a fence around the property to further prohibit entry into the site. In a letter dated April 14, 2004, the property owner, Mr. Marvin E. Thompson, was notified that the demolition or repair of the structure must be permitted and work initiated within 30 days. After receiving the notice, Mr. Thompson made several contacts with the Building Inspection Division to explain his desire to demolish the structure, as well as the problem he was having obtaining a settlement with his insurance company. To date, no demolition or reconstruction of the residence has taken place, and as a result we have received numerous complaints and inquiries by surrounding neighbors. As a result of no permits being issued, no work being initiated, and the structure being left open to the weather and unsecured, the city has determined that the existing structure is in a dilapidated condition such that it is structurally unsafe, constitutes a fire hazard, and is a hazard to the public health, safety and welfare as defined in Article 3.200 of the University Park Code of Ordinances. As set forth in Sec. 3.202 of the Code of Ordinances, we have noticed Mr. Thompson of a hearing taking place before the City Council on July 6, 2004. Staff is asking that that Council order the immediate demolition and removal of the existing structure(s) on the subject property to eliminate the stated public nuisances. As stipulated by this section of the Code, the Council may order the Director of Public Works to proceed with the specified work, or grant additional time for the property owner to carry out such work. PUBLIC NOTICE: N/A RECOMMENDATION: Staff recommends that the Council order the demolition of the structure and removal of all debris from the property, with the property owner being given a specific amount of time to inform his insurance company of said order and achieve the desired cleanup. If the deadline is not met by the property owner, the City will proceed to carry out the work called for by the Council's order and the cost of such work shall be levied as a tax against the premises. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 AGENDA MEMO (7/6/04 AGENDA) DATE: July 1, 2004 TO: Honorable Mayor and City Council FROM: Wade McLaurin, Building & Zoning Administrator SUBJECT: Request for Discussion of Duplex Zoning Districts BACKGROUND: We have received separate requests for the city to consider the merits of changing the zoning on properties currently zoned for duplexes (D-1 & D-2 Districts). The first request comes from Wanda & Richard Means, residents of the city and owners of RAM Custom Homes. They have submitted a letter and spreadsheet suggesting that it would be in the city's best interest (and theirs) to rezone the properties in the 3200 & 3300 blocks of Rosedale (north side) from the current Duplex 2 zoning to Multi-Family District 3 (MF-3). The properties on the south side of Rosedale are currently already zoned MF-3, and the Means suggest that the reason the properties on the north side have not been redeveloped is due to the fact that no one is interested in investing in these properties to construct a duplex or single family home across the street from the existing multi-family residences. The second letter comes from Chuck Barnett, owner of Barnett West Custom Homes, who is asking that we consider rezoning all of the Duplex zoned properties in the city to Single Family Attached (SF-A), or amending the current minimum lot width requirements in the Duplex districts to allow for the property to be developed the same as an SF-A property. The current minimum lot widths found in the Duplex districts do not allow for less than a 70 fi. wide lot in D-1 and a 50 fi. wide lot in D-2. The minimum lot width in the Single Family Attached districts is only 25 feet, which gives owners of lots of 50 ft. or greater in width the ability to divide the property into two single family attached lots. Mr. Barnett states that since the Duplex districts already provide for two residences on a single piece of property, rezoning these districts to Single Family Attached would not increase the density in these districts. He adds that the SF-A properties are typically "owner occupied", whereas the duplexes are in most cases rental properties on both sides. Since we have seen quite a bit of redevelopment take place in the SF-A districts, and very little in the Duplex districts, Mr. Barnett believes that a rezoning would stimulate the replacement of the older residences that may be somewhat in disrepair. PUBLIC NOTICE: N/A RECOMMENDATION: Staff recommends that these rezoning issues be forwarded to the Zoning Ordinance Advisory Committee (ZOAC) to discuss the merits and ramifications of such actions. Any recommendation from the Committee will be brought back to the Council for further discussion. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Page 1 of 2 Wade McLaurin From: wanda_means@ramcustomhomes.com Sent: Monday, June 28, 2004 5:35 PM To: Wade McLaurin Cc: richard_ramco@yahoo.com Subject: 3200 Block of Rosedale D2 Zoning Change Request Dear Wade: Thank you for taking the time to speak with me today. I have created a spreadsheet analyzing the information for the 3200 block of Rosedale for all of the duplexes on the north side of the street. All of this infomation was obtained from www.dallascad.org. Most of the units were built in the 1930's and Dallas CAD has rated their CDU (Condition, Desirability, Utility) at fair or poor. The average land value for these 10 properties is approximately $200,000. City of UP taxes at the current total value are $10,236. HPISD taxes are $50,553 for the northside. If you were to rezone this side of Rosedale (as you know, the southside of Rosedale is already zoned multi- family), then you could increase City of UP taxes considerably (approximately four-fold). The goal for RAM Custom Homes, Inc. is to buy 3240 Rosedale, northwest corner lot, tear it down and build 4 new condominiums. Total value of this particular lot would increase from $310,000 to $1,476,000 or an increase in total UP and HPISD taxes of $22,752. If all of the lots were torn down and new condos were built, then that would be an increase of approximately $220,000 a year in taxes and over 10 years, that could bring in close to $2.2 million. That's the additional tax dollars. These are real bottom line numbers. Don't forget about the permit fee to build each of these. If 10 new were built in the next few years, that's close to $200,000 in permit fees. To buy one of these today would not be a good investment. The seller for 3240 Rosedale is asking $450,000. I don't see how the seller will ever get that at the current zoning. Assuming the owner has 2 tenants paying $2,600 per month total, then an investor would only get a 3 to 4 percent return on his or her investment after taxes are paid and assuming there are no maintenance issues which is unlikely because the building is almost 70 years old. But it's not just about the numbers. Almost all of these homes are 60 to 70 years old. They are mostly rentals and are in great need of maintenance which makes the block not as attractive as it would with newer homes. ReZoning this lot would be a win-win situation. The current owners could win because now they have a real sellable asset. The city of University Park wins because they get an increase in their city taxes and increased permit fees. Builders win because they have more land to build. Please consider this information helpful for you at the next city of UP council meeting. If you have any questions or comments, please call us at 214-363-4101. Thank you for your time and consideration. Regards, 7/1/2004 Page 2 of 2 Wanda and Richard Means 7/1/2004 BARNETT,. WEST Wade McLaurin City of University Park 4420 Worcola St. Dallas, TX 75206 Dear Wade: Sorry it took so long to get this letter to you but I wanted to follow up on our conversation from a couple of weeks ago concerning Single Family Attached (SFA) and Duplex (D l/D2) Zoning changes. Having built Single Family Attached and Duplex homes in University Park for six years I might have some unique insight into a potential opportunity for the City that I think exist with a minor change to its' existing zoning. As a resident I think it is important, for the quality of our neighborhoods, to find ways to reduce density, increase tax revenues, decrease traffic/on street parking, decrease none resident owners and improve our aging housing inventory where appropriate. A way this could be accomplished is by "upgrading" our zoning in D1/D2 areas. Although the products we build in SFA and D1/D2 zoning are the same our clients typically prefer the independence of owning the land and building they live in. The beauty of the single family zoning designation is that it allows us to re-plat the lots and sell the homes "fee simple" as opposed to D1/D2 where a common interest in the land requires a homeowners' association and the additional cost associated with maintaining one. There is a stigma attached to homeowners' associations because of the common ownership of the land and recent litigation associated with HOA's. This zoning "upgrade" would stimulate the replacement of older typically rented duplexes with new owner occupied single family attached town homes. The zoning upgrade could be accomplished in two ways. The first and most cumbersome would be changing all D1/D2 zoned areas within the city to SFA. I suspect that this method would be time consuming and expensive. The second method would be to amend the existing zoning ordinance to allow a minimum lot width in D1 of 35' and D2 of 25' and a minimum lot area in D1 of 5000Sq. Ft. and in D2 of 3000 Sq.Ft. (Sections 11-200 and 11-300). These changes are consistent with current requirements for SFA zoning (Sections 10-200 and 10-300). Thank you for your consideration. And please call if you have questions. Sincerely(, Ch~6k Barnett DESIGN · BUILD INTERIORS AGENDA MEMO (07/06/04 AGENDA) DATE: TO: FROM: June 23, 2004 Honorable Mayor and Members of the City Council Bob Livingston SUBJECT: Council/Staff Planning Session Several members of the Council have expressed an interest in conducting a planning retreat with City Staff. The goal would be to provide a longer period for the staff and Council to interact, as well as provide time to develop short and long term goals and vision for the City. I have attached a proposal for a one and one-half day session with Drs. John and Carol Nalbandian that I believe will provide a good start to the process. Dr. John Nalbandian brings the unique perspective of a professor in public administration and eight years on the Lawrence, Kansas City Council, including two years as Mayor. Cost would be $5,000 plus incidental expenses. They have suggested a date of October 7th and 8th. We would begin at noon on Thursday the 7th and end at approximately 5:00 p.m. on the 8th. If this date is not available to the whole Council we can determine others. RECOMMENDATION: Select a date and schedule the retreat. ATTACHMENTS: Proposal Cc: Department Heads 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 HIGH PERFORMING LOCAL GOVERNMENT" Governing Body and Staff University Park, Texas Proposal Consultant Information: Carol Nalbandian, Ph.D. John Nalbandian, Ph.D. 2006 Riviera Ct. Lawrence, KS 66047-1998 (785) 841-6012 FAX: (785) 841-5063 E-mail: (Carol) cnalband~aol.com (John) nalband~ku.edu Objectives: · To increase understanding and appreciation individual and group leadership styles and problem solving approaches. To increase understanding of the roles, perspectives, and values of the Governing Body and the staff. * To develop/review citywide goals. Session I: Understanding Personal Strengths and Leadership Styles Using the self-assessment instrument, "The Strength Deployment Inventory" (SDI), council and staff will learn more about the strengths of each person's leadership style and problem solving approach and how the collective strengths can best be used to build a more effective team. Based on Relationship Awareness Theory, the SDI provides insights into the motivation behind behavior and increases both self-understanding and understanding of others. The instrument is particularly helpful because it is non-judgmental, it makes good sense to people, and its concepts are easy to remember. It also looks at an individual's style not only when things are going well but also under situations of conflict. The information also permits construction of a group profile. This instrument does not presume that there are problems; it is a tool used to enhance effectiveness and cooperation, www.personalstrengths.com Session II: Understanding Values, Politics, and Professionalism This session will provide council and staff with new insights about the values, dynamics, and relationships that affect political and administrative decision-making. Some helpful models for looking at decision-making will be discussed, and participants will have an opportunity to look at scenarios, which illustrate values and decision-making in action. Topics will include the value conflicts inherent in the work of the council, and the most effective partnership between the council and professional staff. Because of his experience as both an elected official and professor in public management, John Nalbandian brings unique perspective to this discussion. Session III: Strategic Planning and Goal Setting Council members begin by sharing their "dreams and fears" for the city. Based on this and a discussion of issues facing the city, themes will emerge. Goals are then developed and prioritized. A plan to monitor goal achievement is discussed. If necessary, the results will be coordinated with prior activities so that a coordinated plan is developed. Brief bios are attached Fees: $5,000 plus expenses. The three sessions can be scheduled in half day segments which can occur in 1.5 consecutive days or on three separate occasions. Availability: Fall 2005 Recent related experience: · Davenport, Iowa · Unified Government of Wyandotte County and Kansas City, Kansas · North Kansas City, Missouri · City of Thornton, CO · City of Kansas City, Missouri · Sedona, Arizona Web site: www. goodlocalgovernment, org (John) Bios for Carol and John Nalbandian Carol Nalbandian, Ph.D. has been a consultant and trainer for over twenty-five years. She was a senior consultant with the Menninger Leadership Center in Topeka, where she worked with executives from both the private and public sectors. She played an integral role in developing and delivering the Center's nationally renowned executive development seminars. She was also the director of management programs at the University of Kansas School of Business. Carol has extensive experience in the areas of organizational development, interpersonal communication, change management, leadership development, and team building. Carol consults extensively with local elected officials, as well as with senior staff in the areas of strategic planning, goal setting, team building, and communication. She has also provided mediation and coaching to all levels of employees. She has written articles on stress management, leadership, surviving job loss, and appreciating diversity. Dr. Nalbandian has a Ph.D. in communications studies from the University of Kansas, with an emphasis in organizational psychology. She received a bachelor's degree in international relations from the University of Southern California, Los Angeles, and a master of science in counseling from California State University at Los Angeles. John Nalbandian, Ph.D., chairs the department of public administration at the University of Kansas where he has taught since 1976. Since 1998 US News and World Report has rated the University of Kansas' graduate program in public administration number one in the country for local government education. In addition to his faculty position, Professor Nalbandian served on the Lawrence City Commission from 1991-1999, including two terms as mayor. Professor Nalbandian grew up in Southern California and completed his doctoral education at the University of Southern California. He specializes academically in human resources management and local government and has written extensively about both topics, including two books, Professionalism in Local Government, which was published in 1991, and Public Personnel Manaqement: Contexts and Strateqies now in its 5th edition. In addition to his writing and teaching, he has consulted with city councils and staff, conducted training sessions, workshops, and made presentations to local government officials throughout the United States, in the United Kingdom, and Canada. In recognition of his lifetime contributions to the field of public administration, he was inducted into the National Academy of Public Administration. Also, he has received national awards for teaching excellence and research. He is an honorary member of ICMA and received ICMA's Sweeney Award for Teaching Excellence. For the past five summers, he has been a member of the Senior Executive Institute's faculty at the University of Virginia. BOARD OF ADJUSTMENT MINUTES March 22, 2004 The Board of Adjustment of the City of University Park met on Monday, March 22, 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 Lon Housemen William Hitzelberger, III. 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 asked for a motion in regards to the minutes from the January 26, 2004 Board of Adjustment meeting, Mr. Kull moved to approve the minutes, with a second from Mr. Lake. 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. 04-03 - Charles R. Lathem, owner of the property at 4305 McFarlin, requesting a variance to Section 9-1000 (5) of the University Park Zoning Ordinance to allow a two and one half (2 '/') foot variance to the required three (3) foot setback from the side lot line to the closest point of the structure for a detached building. The applicant is proposing to renovate an existing non- conforming garage in its present location. Mr. Charles Lathem, owner/resident of 4305 McFarlin, was introduced and made a brief statement in regards to the replacement of siding and the roof of his garage. Mr. Lathem stated if he were to move his garage to conform to the three-foot (3') setback imposed by the zoning ordinance, it would impose a property hardship by rendering his garage suitable for storage for one (1) car versus two (2) cars. Mr. Grable asked the board members if they had any questions. Mr. Lake asked Mr. Lathem, if the renovation of the garage had been permitted from the City of University Park. Board Of Adjustment Minutes 03/22/2004 Page 2 of 5 Mr. Lathem stated yes, he had obtained a building permit. Mr. Lake asked Mr. Lathem if the building permit pertained to the renovation of his main residence or the garage. Mr. Lathern noted he had obtained a building permit from the City of University Park for his main residential structure, and noted there was an error in the permitting process, in which the garage had not been included. He added as soon as the error was pointed out, the garage renovation had ceased, and he had proceeded with applying for a variance. Mr. Scott McCollum, president of McCollum and Associates, Inc., was introduced and made a brief statement. Mr. McCollum stated Mr. Lathem had contacted his company in regards to renovation of his residence at 4305 McFarlin. Mr. McCollum noted he had personally taken Mr. Lathem thru the construction procedures such as; reviewing the contract details, architectural drawings and the permitting process. He added the garage scope of work had been discussed at length, with that work being added to the scope of the job, and then eliminated from the contract. Mr. McCollum stated his partner handled the end result, which was garage renovation being included in the contract, and therefore it was McCollum and Associates, Inc. mistake for the lack of the building permit for the garage. Mr. Grable thanked the applicant, and inquired if there were any favoring or opposing parties present. Mrs. Lucinda Smith, owner/resident of 4215 McFarlin, was introduced and made a brief statement in regards to her support of Mr. Lathem's request. Mrs. Smith noted she had no objection with the variance request, and if the garage were renovated there would be fewer cars congesting the street. Mr. Bennett Smith, owner/resident of 4215 McFarlin, was introduced and made a brief statement concurrent with his wife. Mr. Smith noted he supported Mr. Lathem's request for a variance. He added if the request was not approved the garage angles, as well as, the location of the swimming pool, would not allow two (2) cars to utilize the structure. Mr. Smith reiterated his support of the variance request. Mr. Grable inquired if there were any opposing parties in the audience. None came forward. Mr. Kull noted there had been written correspondence, with four (4) letters favoring the request, and one (1) opposing. Mr. Grable asked if the correspondence was from all from residents on McFarlin. Board Of Adjustment Minutes 03/22/2004 Page 3 of 5 Mr. Kull noted correspondence from the following addresses: 4215 McFarlin (favoring), 4234 McFarlin (favoring), 4315 McFarlin (favoring), 4309 McFarlin (opposing) and 4316 McFarlin (favoring). Mr. Grable stated the opposing resident is next door to Mr. Lathem, and asked Mr. Kull to read the letter. Mr. Kull read the opposing correspondence from Mr. James Jones, owner/resident of 4309 McFarlin (attachment "A"). Mr. Grable reiterated the opposing party was an adjacent neighbor, and the most impacted by the renovation of the garage structure due to the boundary line of the properties. Mr. Grable stated that the Board of Adjustment had to rule on a request, which was not permitted. Mr. Grable asked Mr. McLaurin to discuss the ordinances pertaining to this project. Mr. McLaurin thanked Mr. Grable, and noted there were two (2) issues as defined by the zoning ordinance. He added the issues were; the setback of the structure and extending the "natural" life of an existing non-conforming structure. Mr. McLaurin stated the requirements in the zoning ordinance, specifically Section 9- 1000 (5), do not allow a detached structure to be any less than three feet (3') from a side property line. He stated there were provisions noted, but none applied to Mr. Lathem's request. Mr. McLaurin added Mr. Lathem's garage is too close to the property line, and stated there were many existing non-conforming structures in the city, and unless they fall in a state of disrepair, the structures can remain. If there were a proposed addition to one of these structures, the addition would have to comply with the ordinances. Mr. McLaurin stated as in Mr. Lathem's case, replacing the roof joists/rafters in the garage would be extending the "natural" life of the garage structure, which again is not permissible per the ordinance. Mr. McLaurin clarified maintenance repairs such as; painting, and weatherproofing would be allowed for such a structure. Mr. McLaurin noted in Mr. Lathem's case there were two (2) choices; appeal the decision of the Chief Building Official or apply to the Board of Adjustment for a variance. He noted the applicant chose the latter. Mr. Grable inquired if there were any questions for Mr. McLaurin. No one came forward. Mr. Lathem rebutted Mr. James Jones letter of opposition. He noted in the letter Mr. Jones refers to the "steepness" of the roof of the garage. Mr. Lathem stated the same "steepness" could be observed of the garage located at 4301 McFarlin. Mr. Lathem added he regrets the garage renovation was at this phase, without an approved building permit. Board Of Adjustment Minutes 03/22/2004 Page 4 of 5 He noted the renovation started out with new siding and a new roof, and upon further observation it was noted the wood was rotted, and required more extensive work. Mr. Lathem stated he did not see a negative impact to the adjacent neighbor, if the garage renovation was approved. He noted the garage would have guttering to prevent the flow of water run-off onto the neighbor's property. He then thanked the board for the opportunity to speak. Mr. Grable closed the public hearing, and asked the board members if they had any comments. Mr. Lake stated he wished the garage renovation were permitted; therefore it wouldn't be before the board today. He added Mr. Jones did have a valid point; as per the ordinance, homeowners cannot extend the natural life of an existing non-conforming structure. Mr. Lake noted the board viewed this as a self-imposed hardship. A discussion ensued regarding the location of the garage, and its use. Mr. Housemen noted his residence on Larchmont, and his understanding of the issue at hand. He stated he had been trying to purchase a two-foot (2') strip of property from his neighbor, and he emphasized with Mr. Lathem. Mr. Housemen stated he would have a property hardship, but he chose to purchase his home as is, therefore his hardship would be self-imposed. Mr. Housemen added it was unfortunate were Mr. Lathem was at in the construction phase with the garage, reiterating there was not a hardship. He noted he did not understand why this was brought before the board. Mr. Grable stated this was a tough case, and he sympathized with Mr. Lathem. He added if the garage renovation had been included in the permit for the main structure, then the construction completed thus far would be conforming. Mr. Grable stated the zoning ordinance was established to benefit all residents of University Park. He noted the mistake of bootlegging the garage renovation in with the permitted main structure was a mistake, and the board cannot grant variances for self-imposed hardships. Mr. Housemen explained the role of the Board of Adjustment. He referred to his own lot width and depth, and noted it was hard to negotiate renovations for his residence as well due to the zoning ordinance. Mr. Housemen noted he had personally talked to Mr. Jones, and reiterated there was a lack of a property hardship and not any flexibility in the authorization of the Board of Adjustment to approve Mr. Lathem's request. Mr. Lathem stated he disagreed, and wants what he purchased. He noted the ordinance was approved in April 2003, and noted he felt as if he had a property hardship because he would have less garage space if the garage were made conforming. Mr. Grable noted this was a financial hardship, and again variances could not be granted for this reason. Board Of Adjustment Minutes 03/22/2004 Page 5 of 5 Mr. Housemen asked where does one draw the line, and stated he could not build an eight thousand square foot (8000') structure on his own lot. Mr. Lathem stated the structure could be replaced. Mr. Grable stated under the current ordinances, you could not replace the structure in its current location. Mr. Hitzelberger asked Mr. Lathem if he could make the garage rear entry. Mr. Lathem stated if he removed the cabana section of the garage he could. Mr. Hitzelberger asked Mr. McLaurin if the structure could remain a partial cabana. Mr. McLaurin stated no, it would be an existing non-conforming structure. Mr. Grable asked Mr. Lathem why he thought the ordinance had changed. Mr. Lathem noted possibly because of issues with construction. Mr. Grable stated in order to create certain quality of standards in University Park, the city had to make sure if a variance is granted, there is a valid reason. He added one could not vote for this variance due to a financial hardship. Mr. Grable asked for a motion. Mr. Lake moved to deny the requested variance, with a second from Mr. Hitzelberger. The motion was approved unanimously. There being no further business before meeting. Board of A-fljustment the Commission, Mr. Grable adjourned the D~te PLANNING AND ZONING COMMISSION MINUTES May 17, 2004 The Planning and Zoning Commission of the City of University Park met on Monday, May 17, 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 Robert West - Chairman Doug Roach Randy Biddle Bea Humann Staff Members Attending 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 04-12 - L.T. Nelson, owner of the property, requesting a replat of Lot 12 Block 4, of Walker's Addition of the City of University Park, more commonly known as 3440-42 Normandy, 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 replat conformed to city regulations, with the exception of the form per the City Attorney. Staff recommended, the replat be approved, subject to corrections to the written form. Mr. West inquired if there were any opposing parties in the audience. None came forward. Mr. West asked for a motion. Mr. Biddle moved to approve the request with the condition of noted corrections, with a second from Mrs. Humann. The motion was approved unanimously. Mr. West, then read the specifics of the second case. PZ 04-13 - Analytical Surveys, representing the owner of the property, requesting a replat of Lot 7 Block 1, of Walker's Addition of the City of University Park, more commonly known as 3431 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, as with the first replat on tonight's agenda, the replat conformed to city regulations, with the exception of the form per the City Attorney. Mr. McLaurin noted staff recommended, the replat be approved, subject to corrections to the written form. Planning & Zoning Minutes 05/17/2004 Page 2 of 4 Mr. West inquired if there were any opposing parties in the audience. Mr. Gary Guthrie, owner/resident of 3439 Binkley, was introduced and inquired of the number of single-family dwelling's to be constructed on 3431 Binkley. Mr. McLaurin stated due to the lot being replatted, there would two single family attached residences. Mr. Guthrie, thanked staff for the clarification, and noted he was not opposed to the replat at 3431 Binkley. Mr. West asked for a motion. Mr. Roach moved to approve the request with the condition of noted corrections, with a second from Mrs. Humann. The motion was approved unanimously. Mr. West, then read the specifics of the third and final case. PZ 04-14 - Highland Park Blue Sox Baseball, LP, representing H.P.I.S.D., requesting and amendment to the existing Planned Development District 17 (PD-17) for the purposes of modifying the use restrictions at the baseball field (Scotland Yard). The applicant is seeking to schedule collegiate league games at the field which will not comply with the existing requirements of only U.I.L. games, as well as a 10:15 p.m. cut- off time for new innings for any baseball games. Mr. Van Mark Jolas, owner/resident of 4409 Shenandoah and partner of Highland Park Blue Sox Baseball LP, was introduced and made a brief statement. Mr. Jolas referred to Ordinance 98/4, which prohibits non-UIL baseball innings from starting after 10:15 pm at night. Mr. Jolas stated the request of the Highland Park Blue Sox is to ask for an amendment changing the time from 10:15 pm to 11:00 pm; which would allow new innings to start no later than 11:00 pm at night. Mr. Jolas made a statement that the Blue Sox are one of eight teams in the North Texas area in the new Texas Collegiate League (TCL). Each team is comprised of elected collegiate baseball players, have a total of nine (9) innings, play with wooden bats versus aluminum bats and will play a 54 game season, with 27 home games. Mr. Jolas noted the team was modeled after the Cape Cod League in Massachusetts, and would create a wholesome atmosphere for families. Mr. West asked Mr. Jolas why Scotland Yard was chosen versus other venues. Mr. Jolas replied that he felt as if Scotland Yard and the surrounding area would provide a good family atmosphere. Mr. West inquired of the typical time frame for the baseball games. Mr. Jolas stated the games should last between two (2) hours to two and one-half (2 1/2) hours. Mr. Roach asked what was the starting time for the games. Mr. Jolas stated the games would begin at 7:05 pm. Planning & Zoning Minutes 05/17/2004 Page 3 of 4 A discussion ensued regarding attendance projections for the baseball games and the occupancy capabilities of Scotland Yard. Mr. West inquired if there were any favoring or opposing parties in the audience. Mr. Bill Mead, owner/resident of 4309 Hyer, was introduced and made a brief statement in regards to his opposition of the request of the Highland Park Blue Sox LP. Mr. Mead noted his residence is across the street, catty comer to Scotland Yard. Mr. Mead added he has been personally involved in prior meetings involving the use/ordinance amendments for Scotland Yard. Mr. Mead stated he is opposed to the use of the baseball field for non-school related functions. He added he has experienced other problems such as: games playing too late, light discomfort, a loud PA system, fireworks, yelling and trash debris. Mr. Mead added he felt as if the school district does not show any consideration towards the residents in the surrounding area, and the H.P.I.S.D. needs to maintain the field better. Mr. Mead noted his opposition to the use of the field to other charters, for the purpose of profit; namely his opposition to H.P.I.S.D. leasing the field to the collegiate baseball league. Mrs. Irene Mylan, owner/resident of 4325 Hyer, was introduced, and made a brief statement in regards to her opposition of the request of the baseball team. Mrs. Mylan noted her children had attended Highland Park schools, and her family has always had great school enthusiasm. Mrs. Mead stated one of her concerns is a lack of consideration on the school's part regarding the issues with parking in the area. She noted her concern for future generations who move into the neighborhood, and discouraged the board from approving the request of the Highland Park Blue Sox. Mr. Charles Wheeler, owner/resident of 4317 Hyer, was introduced and made a brief statement in regard to his opposition to the request. Mr. Wheeler noted in the evening, when outdoors conversing with his wife, they have problems understanding one another due to the noise generated by the batting cages. He added the environment surrounding his home has changed dramatically due the various events at the baseball field, increasing the need for items such as: blackout drapes and white noise machines for his children's bedrooms. Mr. Wheeler noted his concern of the automobiles speeding thru the neighborhood, decreasing real estate values, light pollution and other organizations use of school property. Mr. Wheeler stated he felt as if the notices sent to property owners ten (10) days prior to tonight's meeting, did not allow enough time to prepare for rebuttal. He, then thanked the board for the opportunity to speak, and stated his opposition to the request. Mr. West closed the public hearing. Mr. Roach stated this was a neat venture on behalf of the baseball team, and noted he agreed with Mr. Mead's statements. Mr. Roach added that a collegiate league had no business playing at a high school field. Mr. Roach voiced support in enforcing the current ordinance's time frame of ending events at 10:15 pm. He added that the City of University Park must make the high school adhere to this cut off time. Mr. Biddle voiced his concurrence with Mr. Roach's statements. Mr. Biddle noted his opinion would be to deny the request of the applicant. Planning & Zoning Minutes 05/17/2004 Page 4 of 4 A discussion ensued regarding previous ordinances, information submitted by the school, and the fact that this would be a summer league. Mr. West asked for a motion. Mr. Biddle moved to deny the request of the Highland Park Blue Sox LP, with a second from Mr. Roach. The motion was approved unanimously. Mr. West asked for a motion on the minutes from the April 19, 2004 Planning & Zoning meeting. Mr. Roach moved to approve the minutes, with a second from Mrs. Humann. 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: ~- E E E E E E .-, Eo E E E 0 0 0 0 0 0 (/,) 0 0 0 0 0 0 0 o cD. z '~.., w w ~ 0 o 0 0 0 0 0 0 0 0 ecl 0 0 0 0 0 0 0 0 0 0