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HomeMy WebLinkAboutMn 09-26-06 101 MINUTES #2622 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDA Y, SEPTEMBER 26,2006,5:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver, Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION RETIREMENT OF DR. GEORGE E. HURT, JR., CITY HEALTH OFFICER: Councilmember Shawver presented a retirement plaque to Dr. Hurt and thanked him for his 18 years of service. RETIREMENT OF COURT ADMINISTRATOR LINDA WILLIAMS: Finance Director Kent Austin presented a retirement plaque to Ms. Williams, and Councilmember Kelly presented a gift check to her from the city and thanked her for her 28 years of service. RECOGNITION OF CITY EMPLOYEES: Park Department employees Robert Ramon, Luis Alba and Alberto Villa were recognized by the police department for their assistance in catching two car burglars. On July 20th, they were working on Connerly Street trimming trees when they observed a female suspect trying to open doors of parked cars at the YMCA. Mr. Alba called the police and stayed on the line with the dispatcher until officers arrived. They were able to give the officers a description of not only the female suspect but her male accomplice and their vehicle as it left the area. Officers were able to stop the vehicle a few blocks away and arrest both suspects. Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER RESERVATION REQUEST FOR CURTIS PARK FROM WATERMARK CHURCH: Watermark Church will rent the park from 9:00 a.m.-2:00 p.m. for a church picnic on Sunday, October 8, with approximately 1,000 participants in attendance. CONSIDER AMENDMENT TO AND RENEWAL OF INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE DISPOSAL PROGRAM FY2007: City residents have used either quarterly, local events or the Home Chemical Collection Center to dispose of paint, herbicides and pesticides. The city makes an annual contribution of $25,000 to the program. This year's renewal includes an amendment to the agreement reflecting changes in the effective term, fiscal year budget, and city responsibilities related to the time of payments. The changes are largely procedural and represent no change in the level, type or cost of the services provided. 102 CONSIDER RESOLUTION FOR TEXAS TRAFFIC SAFETY PROGRAM GRANT PROJECT: STEP WAVE: The Police Department received a Texas Traffic Safety Grant for I $9,730 to conduct overtime traffic enforcement focusing on specific traffic law violations during _ high volume holiday periods. The resolution enters into an agreement with the Texas Department of Transportation supporting the state's efforts to increase safety belt usage and speed enforcement. RESOLUTION NO. 06-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A GRANT AGREEMENT WITH THE STATE OF TEXAS FOR TRAFFIC ENFORCEMENT AND AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RENEWAL OF MEMORANDUM OF UNDERSTANDING (MOU) FOR APPOINTMENT OF DALLAS COUNTY HEALTH DEPARTMENT AS LOCAL HEALTH AUTHORITY: A Memorandum of Understanding originally approved in January 2003 was renewed designating the Dallas County Health Department as the Local Health Authority in the event of an outbreak of communicable diseases whether they are from man-made sources, or an act of bio-terrorism. The Dallas County Health Department acts as the Local Health Authority for those Dallas County cities that do not have health departments. The MOU allows the Dallas County Health Department to provide control measures to stop the spread of communicable disease/diseases to the public. CONSIDER DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST BY CITY MANAGER: Mr. Livingston's son, Chris Livingston, is an attorney with Lyon, Gorsky, Haring & Gilbert, L.L.P. The firm has represented University Park Police Officers in disciplinary actions that were appealed to the City Manager. The possibility exists that this might occur in the future, which Mr. Livingston believes could create a conflict of interest. He put forth the following steps to eliminate any conflict: (1) Place this disclosure in the public record of the city; (2) Direct the Human Resources Director to amend the city's administrative order regarding appeal of disciplinary action to ask the Municipal Court Judge to appoint one of the alternate judges to hear the appeal instead of the city manager. The decision of the appointee, like the city manager, would be final; and (3) if a conflict does occur, Alternate Judge Kerr will hear the appeal. CONSIDER RESOLUTION SUPPORTING JOINT RECOMMENDATION FOR REGIONAL RAIL AS APPROVED BY DART, DCTA & THE "T" TO CREATE A FUNDING METHOD FOR AN AREA RAIL SYSTEM: The City of University Park was one of the original members of DART and has provided over $20 million dollars to support its operation through a contribution of a 1% local sales tax. Recently, considerable discussion has developed on a method to create an area-wide rail system. A major obstacle has been the fact that many area cities have not joined DART or another transit agency because they have already committed their additional 1 % sales tax to other uses such as economic development, public safety or parks. The resolution supports allowing cities the alternative of passing an additional 1 % sales tax for the purpose of funding transit needs. J 1 !tJ3 RESOLUTION NO. 06-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS ENDORSING THE "JOINT RECOMMENDATION FOR REGIONAL RAIL IN NORTH CENTRAL TEXAS" AS APPROVED BY THE BOARDS OF DALLAS AREA RAPID TRANSIT (DART), DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA) AND THE FORT WORTH TRANSPORTATION AUTHORITY (THE T) THAT SUPPORTS THE CONCEPT OF LOCAL OPTION FUNDING OF PUBLIC TRANSIT IN THE REGION BY EXEMPTING AN AMOUNT EQUAL TO THE LOCALLY AUTHORIZED TRANSIT SALES TAX FROM THE 2% LOCAL SALES TAX CAP. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 5, 7, 14 & 19,2006: All minutes were approved as presented except for September 19, 2006, which was amended to include the wording: "Councilmember Grable moved approval of the contract with Cutler and moved that staff be authorized to expend approximately $344,000 to pay for the cost of the asphalt." MAIN AGENDA CONSIDER REQUEST BY ST. MICHAEL & ALL ANGELS EPISCOPAL CHURCH FOR 10TH ANNUAL ANGEL RUN: The church's request was to use the city streets to hold a one- mile Fun Run and a 5K Race on Saturday, October 28, to raise funds for several charitable organizations. The run will begin at 8:00 a.m. and end at approximately 11 :00 a.m. for an estimated 500 runners. St. Michael's will hire four off-duty University Park Police Officers to direct traffic throughout the route. Mayor Pro Tempore Shawver moved approval of the request. Councilmember Grable seconded, and the vote was unanimous for approval of the 10th Annual Angel Run by St. Michael & All Angels Episcopal Church. CONSIDER REQUEST FOR SPECIAL EXCEPTION TO ALLOW 8' WROUGHT IRON FENCE IN FRONT YARD: Gilbert J. and Patricia Besing, property owners at 6023 St. Andrews, installed an 8' wrought iron fence in the front yard of their home. Staff informed the Besings they were in violation of city code and requested that they bring their property into compliance. The Besings applied to the Board of Adjustment for consideration of a variance, and the request was denied. The Besings also came before the city council to request an amendment of the zoning ordinance that would allow the fence to remain. Councilmember Carter recused himself due to the fact that his son-in-law was the attorney representing the Besings. Councilmember Grable moved that the request be denied. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to deny the request for a special exception. CONSIDER AGREEMENT WITH SOUTHERN METHODIST UNIVERSITY (SMU) REGARDING POSSIBLE SALE OF CERTAIN CITY-OWNED PROPERTY: Southern Methodist University requested the city consider the sale of Potomac Park immediately adjacent to the Park Cities Plaza Shopping Center. SMU will provide funding for the up front costs of appraisals and public referendum. Councilmember Carter moved approval of the agreement. Councilmember Grable seconded, and the vote was unanimous to approve an agreement for the possible sale of certain city-owned property. 1~1- CONSIDER INTERLOCAL AGREEMENT WITH THE HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT FOR A SCHOOL RESOURCE OFFICER: The City of University Park, through its Police Department, entered into an interlocal agreement with the Highland Park Independent School District for the placement of a School Resource Officer (SRO) on the campus of Highland Park High School. The SRO's presence on campus is for the increased safety and well-being of the students, staff and faculty. The SRO Program will also work to establish a good rapport between the police, students, parents, staff, faculty and administration. The program will also focus on student well-being and safety, primarily through anti-drug and alcohol abuse education programs. Councilmember Walker moved approval of the agreement. Councilmember Carter seconded, and the vote was unanimous to approve the agreement for a School Resource Officer at Highland Park High School. ITEMS FROM THE FLOOR At this time, Mayor Holmes invited Chris Murzin, 3236 Milton, to speak to the council. Mr. Murzin had his six-year-old handicapped son with him. The Murzins are new residents of University Park, and Mr. Murzin thanked the city and staff for the handicap accessible curbs to Snider Plaza, and special thanks went to Tammy Watson, Park Superintendent, who put in a swing for special needs children at Coffee Park. Mr. Murzin also requested the city consider more accommodations for special needs children and that the city continue to be inclusive of all citizens. Park Director Gerry Bradley will address those issues. Mayor Holmes thanked Mr. Murzin and his son for coming before the council and bringing those needs to the city's attention. CONSIDER REQUEST FROM HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT (HPISD) FOR JOINT USE AGREEMENT AMENDMENTS REGARDING TRACK IN GERMANY PARK: A letter from Cathy Bryce, HPISD School Superintendent, requested consideration of amending the existing 1991 Joint Use Agreement involving Germany Park. On August 22, 2006, the council approved a 90-day extension of the project to evaluate the requests. The request for amendments to the 1991 Joint Use Agreement included: the city's payment for the resurfacing of the track; HPISD's use of track lanes 1-4 and the field from 3:00-6:00 p.m. from the first day of school through January 14; and, HPISD's use of track lanes 1-6 and the field from 3:00-6:00 p.m. from January 15 through May 15. Those opposed to the request were: Nancy Wood, 4444 Windsor Parkway; Mort Newman, 6725 Golf; Beth Blankenship, 3333 Rankin; Robert Johnson, 4444 Windsor Parkway; Lon Houseman, 4436 Larchmont. Mayor Holmes moved that a new agreement be drafted and returned to the council after more discussion with the school. Councilmember Carter seconded, and the vote was unanimous to draft a new agreement. CONSIDER PROPOSALS FOR GERMANY PARK TRACK CONSTRUCTION: The proposals are associated with improvements to the Germany Park track facility. The track is to be completed by January 10, 2007. Two options were presented by Texas Sports Builders. Councilmember Walker moved approval of Option 1. Councilmember Carter seconded, and the vote was unanimous to approve Option 1 for $310,997. CONSIDER INTERLOCAL AGREEMENT WITH THE HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT FOR USE OF EACH OTHER'S FACILITIES: The interlocal agreement 105 between the city and the school district will allow utilization of each organization's facilities at reduced rates or waived fees. Mayor Pro Tempore Shawver moved approval of the agreement. Councilmember Carter seconded, and the vote was unanimous to approve the use of each others' facilities at reduced rates or waived fees. PUBLIC HEARING TO CONSIDER SITE LOCATION FOR GERMANY PARK BOOSTER PUMPING STATION: City Council took action at their August 22nd meeting to continue the public hearing until September 26th regarding the location of the proposed booster pumping station in Germany Park. The feedback from the last meeting suggested that there would be considerable negative neighborhood comment if the facility were to be placed in the southwest comer of the park. To that end, staff worked with the engineering consultant to propose a revised location on the southwest comer of the Park City Municipal Utility District's (PC MUD) property immediately south of the existing booster pumping station. Mayor Holmes opened the public hearing. Those in opposition were: Tad McIntosh, 4508 Stanhope; Marian Martin, 5215 Lomo Alto; Nancy Wood, 4444 Windsor Parkway; Peggy Bell, 6334 Lomo Alto. Mayor Holmes closed the public hearing. Mayor Holmes moved the item be brought back to the council after additional consideration and a study on the traffic patterns and parking. CONSIDER ORDINANCE REVISION OF RESIDENT PARKING DISTRICT: Since the enactment of the Resident Parking District, the 6600 Block of Westchester has been designated for use by the high school for volunteer parking. However, due to recent construction of a new apartment complex that now faces Westchester, the owner of the property requested the ordinance be amended to include the 6600 block of Westchester (east side of the street from Emerson to the alley south of the parking garage) in the Resident Parking District. Mayor Holmes moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve the revision to the ordinance for the Resident Parking District. ORDINANCE NO. 06/25 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 10.1213 TO ADD A RESIDENT- PARKING-ONLY ZONE IN THE 6600 BLOCK OF WESTCHESTER; 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 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. CONSIDER CONCEPT PLAN REVIEW OF BARBARA HITZELBERGER PARK: A design contract has been awarded to Talley Associates for the landscape development of Barbara Hitzelberger Park. Mr. Coy Talley presented his design concepts to the city council. Former Mayor Barbara Hitzelberger was introduced and thanked the council for the honor bestowed upon her by the creation of the park. Mayor Holmes moved approval of the concept plan and moving forward to the next phase of the park. Councilmember Walker seconded, and the vote was unanimous to approve the concept plan of Barbara Hitzelberger Park and also of moving forward to the next design phase. 106 CONSIDER SECONDARY ENTRANCE MARKER PROGRAM: This item was moved to the October 3rd city council meeting. J CONSIDER AWARD OF BID FOR WINDOWS FOR CITY HALL PROJECT: Most of the bids for the city hall project were approved by the city council at the August 22nd meeting. The architect and representatives of Gallagher Construction Services asked for additional time to gather additional information about the two bids received for windows. Mr. Von Gallagher reviewed the situation with both bidders. Staff was prepared to recommend the low bid of Pella Windows at $199,808; however, their bid did not meet all of terms of the specifications. Mayor Holmes moved that all bids be rejected and the windows re-bid. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to re-bid the windows for the city hall project. DISCUSS CITY COUNCIL MEETING DATES AND TIMES: It was decided that the meeting to hear the TXU Transmission Line Report will be held on Monday, November 13 at 7:00 p.m. in the council chambers. CONSIDER BUDGET AMENDMENT FY2005-2006 BUDGET: The amendment will increase authorized expenditures in the General Fund by $1,026,200 and increase budgeted expenditures in the Utilities Fund by $55,000. Mayor Holmes moved approval of the amendment. Councilmember Walker seconded, and the vote was unanimous to approve the budget amendment FY2005-2006 Budget. ORDINANCE NO. 06/26 J AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2005- 2006 FISCAL YEAR BUDGET, ORDINANCE NO. 05/31, TO APPROPRIATE $1,026,200 FROM THE GENERAL FUND UNRESERVED FUND BALANCE TO INCREASE EXPENDITURES AND $55,000 FROM THE UTILITY FUND UNRESERVED FUND BALANCE TO INCREASE EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ADOPTION OF FY2007 BUDGET: The City Council held three public hearings on the proposed tax rate and budget (August 22, September 7, and September 14), and staff published the required notices in the local newspaper, Cable TV access channel, and City Web site. After the City Manager's proposed budget was presented to the city council on August 1, 2006, staff made three changes to the proposed FY2007 budget. These changes, totaling $240,000, were directed by the city council after recommendations from the city's advisory committees. The changes include: increasing the police department budget approximately $80,000 to include a School Resource Officer for Highland Park High School; increasing the park department budget approximately $70,000 to begin reconstruction of the track at Germany Park; and increasing health insurance accounts for operating departments $90,000 to cover rising health care costs. These changes pushed the proposed tax rate from an initial $0.28772 to $0.29272 per $100 taxable value. Mayor Holmes moved approval of the adoption of the FY2007 Budget. Councilmember Grable seconded, and the vote was unanimous to approve the adoption of the Budget FY2007. 1 107 ORDINANCE NO. 06/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. There being no further business, Mayor Holmes adjourned the meeting. PASSED AND APPROVED this 24th day of October 2006. ATTEST: