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MINUTES
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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, JULY 6, 2004, 5:00 P.M.
Mayor James H. Holmes, III opened the meeting. Present were Mayor Pro Tempore Jim Roberts
and Councilmembers Harry Shawver and Syd Carter. Also in attendance were City Attorney Rob
Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. Councilmember Kelly
Walker was absent and excused.
AWARDS & RECOGNITION
DEPARTMENT PINS: City Manager Bob Livingston presented service pins to City Engineer
Bob Whaling and Sanitation Secretary Scott Hoover, who each had 15 years of service with the
city.
EMPLOYEE RECOGNITION AWARD TO PARK DIVISION EMPLOYEES: Postponed until
August 3, 2004.
PRESENTATION: Plaque to widow of Warehouse Parts Runner Lindsay Branton postponed
until August 3, 2004.
GIRL SCOUTS: Mayor Holmes asked Girl Scout Mary Dozier to introduce herself. Mary is
working on her Leadership Award as part of the Gold Award and, as such, had elected to shadow
a leader for one day. Police Chief Gary Adams was the leader she shadowed on July 6th.
ITEMS FROM THE FLOOR
WATER QUALITY: A public hearing was opened to take public comment regarding the water
quality of the City of University Park. As there were no comments, the public hearing was
closed. City Manager Bob Livingston announced that the city was rated by the State of Texas as
having a superior water system.
Mayor Pro Tern Roberts moved acceptance of the Consent Agenda. Councilmember Carter
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER RESOLUTION APPOINTING RAY NOAH AS DART BOARD MEMBER:
Approval was given to Ray Noah's representation for the City of University Park as a member of
DART's Board of Directors. Mr. Noah will serve a two-year term.
RESOLUTION NO. 04-08
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
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AREA RAPID TRANSIT (DART) BOARD OF DIRECTORS; AND AUTHORIZING THE
MAYOR TO APPROVE A CANDIDATE FOR BOARD MEMBER.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For June 18 and June
22, 2004.
MAIN AGENDA
PUBLIC HEARING FOR ABATEMENT OF NUISANCES AT 4420 AMHERST: Mayor
Holmes opened a public hearing. Building & Zoning Supervisor Wade McLaurin stated the
following: 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 into 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(s) 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(s), 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, the city has
received numerous complaints and inquiries by surrounding neighbors. As a result of no permits
being issued, no work being initiated, and the structure(s) being left open to the weather and also
unsecured, the city has determined that the existing structure(s) is in a dilapidated condition and
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 City of University Park Code of Ordinances. A request
was made to the city council for immediate demolition and removal of the existing structure(s)
and all debris on the subject property to eliminate the stated public nuisances, with the property
owner being given a specific amount of time to inform his insurance company of said order and
achieve the desired cleanup. Mr. Thompson then spoke in support of the demolition. Ms. Sylvia
LaRue, 6720 Golf Drive, whose son lives down the street from 4420 Amherst, spoke in favor of
immediate demolition and suggested a copy of the order be sent to the Texas Department of
Insurance. City Attorney Rob Dillard suggested preparing an order for presentation to the city
council and also suggested the city give notice to the insurance company of the demolition and a
copy of that notice be sent to the Texas Department of Insurance. Mayor Holmes then closed the
public hearing. The council will adopt an order at its July 21 st meeting, giving the owner until
July 31st to demolish the structure(s) and clear the lot. If the work has not been completed by
that date, the city will proceed to demolish the structure(s) and clear the lot as called for by the
council's order, and the cost of such work shall be levied as a tax against the premises.
CONSIDER REQUEST FOR DISCUSSION OF DUPLEX ZONING DISTRICTS BY ZONING
ORDINANCE ADVISORY COMMTTEE (ZOAC): Separate requests were received for the
city to consider the merits of changing the zoning on properties currently zoned for duplexes.
Wanda & Richard Means, residents of the city and owners of RAM Custom Homes, requested
the rezoning of properties on the north side of the 3200 and 3300 blocks of Rosedale from the
current Duplex 2 (D-2) zoning to Multi-Family District 3 (MF-3). The properties on the south
side of Rosedale are currently zoned MF-3. Also, Chuck Barnett, owner of Barnett West Custom
Homes, requested rezoning of all of the duplex-zoned properties in the city to Single Family
Attached (SFA), or amending the current minimum lot-width requirements in the duplex districts
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to allow for the property to be developed the same as an SFA property. The current minimum lot
widths found in the duplex districts do not allow for less than a 70' wide lot in D-1 and a 50'
wide lot in D-2. The minimum lot width in the SFA districts is only 25', which gives owners of
50' width or greater lots, the ability to divide the property into two SFA lots. Mr. Barnett states
that, since the duplex districts already provide for two residences on a single piece of property,
rezoning these districts to SFA would not increase the density in these districts. Staff
recommended these rezoning issues be forwarded to ZOAC for discussion on the merits and
ramifications of such actions. Councilmember Shawver moved the discussion be referred to
ZOAC. Councilmember Carter seconded, and the vote was unanimous to approve the referral to
ZOAC.
CONSIDER CITY COUNCIL/STAFF PLANNING RETREAT FOR OCTOBER 7 AND 8,
2004: Several members of the city council have expressed an interest in conducting a planning
retreat with city staff. The goal is 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 a vision for the city.
Consideration is being given to a one and one-half day session with Drs. John and Carol
Nalbandian. 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. Since the timeframe is agreeable with council and staff, City Manager Bob Livingston
will reserve a meeting place.
There being no further business, the meeting was adjourned.
PASSED AND APPROVED this 21st day of July 2004.
ATTEST:
/-~s~retary
/a~el h. Hol[nes~II, Mta3or