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HomeMy WebLinkAbout09-02-03297 MINUTES #2317 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBER TUESDAY, SEPTEMBER 2, 2003 AT 5:00 P.M. Mayor Harold Peek opened the meeting. Present were Mayor Pro Tem Dick Davis, Councilmembers Jim Roberts, Blackie Holmes and Harry Shawver. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston, and City Secretary Nina Wilson. AWARD EMPLOYEE RECOGNITION AWARD: Police Chief Gary Adams presented Human Resources Assistant Belinda Aldrete the award for her assistance in communicating with Spanish-speaking victims and complainants in the Police Department. Councilmember Shawver presented her with a check from the City. DEPARTMENT PINS: Pins were presented to Kenneth Chance, Sanitation Superintendent, and Bud Smallwood, Director of Public Works, for 15 years of service to the City by City Manager Bob Livingston. ITEMS FROM THE FLOOR Mr. Grant Gamster, 4406 Emerson, spoke on Ordinance No. 03/18 regarding temporary signs, which was recently passed. He requested the Council reconsider the ordinance where it applied to homebuilders. Mayor Pro Tem Dick Davis asked Mr. Gamster to state his reasons for his objection in a letter to Council. Councilmember Shawver moved acceptance of the Consent Agenda. Councilmember Holmes seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER REVISED EMPLOYMENT AGREEMENT WITH CITY MANAGER: The current agreement was executed in late 1990. The new agreement is shorter and more closely reflects current requirements and conditions. Generally, the changes provide that the City Manager will receive the same benefits as all other City employees. Other changes include a more restrictive conflict of interest clause that is consistent with the International City Management Code of Ethics, it allows the Council to adjust the City Manager's salary at the same time and manner as other employees, requires any outside employment of the City Manager be approved by the City Council, changes the method of calculating severance in the event of termination of employment. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For August 20, 2003. MAIN AGENDA PUBLIC HEARING AND ORDINANCE AMENDING PLANNED DEVELOPMENT DISTRICT NO. 29 FOR PARK CITIES BAPTIST CHURCH AND APPROVAL OF SUBMITTAL OF REVISED CONCEPTUAL SITE PLAN: Mayor Peek opened the public hearing. Building & Zoning Administrator Wade McLaurin spoke regarding the request by the 298 church to amend the original ordinance by changing the maximum cumulative footprint coverage figure from 32% to 39% for the property. It was noted that the council intended to allow the amount of coverage shown on the original site plan, which was estimated at 32% at the time the original ordinance was adopted; however, more accurate field measurements recently performed show that this figure should actually be 39%, thus the need for the requested amendment. Mr. Steve Dawson, 8440 Tulane, spoke of his concern regarding the landscaping plan and choice of playground equipment. The Project Director for the church, Mr. Greg Boyd, explained the church does not change what it intended to do. The landscape plan and playground equipment, which will be neutral in color, will be presented to the Council at a later date. Mr. Dawson also questioned the Council regarding parallel parking, which will be allowed on Tulane as in the past, and also a drop off point for children. There will not be a drop off point for children. Mayor Peek closed the public hearing. Mayor Pro Tem Davis moved approval of the ordinance amending Planned Development District No. 29 for Park Cities Baptist Church by amending special condition 3 (o) to permit a cumulative footprint of all buildings on the church campus not exceeding 39% of the complete church land area exclusive of rights-of-way of Villanova property being purchased from the City by Park Cities Baptist Church. Councilmember Holmes seconded, and the vote was unanimous to approve the ordinance. Mayor Pro Tem Davis then moved approval of the revised conceptual site plan for Planned Development District No. 29 for Park Cities Baptist Church stating that the landscape plan should show the location of the playground on the north side of the building and also the color of the playground equipment. Councilmember Holmes seconded, and the vote was unanimous to approve the site plato ORDINANCE NO. 03/20 AN ORDINANCE OF THE CITY OF 'UNIVERSITY PARK, TEXAS, AMENDING 'FHE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDEDi~ SO AS AMEND PLANNED DEVELOPMENT DISTRICT NO. 29, HERETOFORE GRANTED BY ORDINANCE NO. 02/33 FOR THE PROPERTY DESCRIBED AS LOTS 1-13, 14-26, BLOCK 75 OF UNIVERSITY HEIGHTS ADDITION' OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, BY AMENDING SPECIAL CONDITION 3 (o) TO PROVIDE A MAXIMUM CUMULATIVE FOOTPRINT OF 39% OF THE PROPERTY; 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 ABANDONING PORTIONS OF NORTHWEST PARKWAY AND VILLANOVA DRIVE TO PARK CITIES BAPTIST CHURCH: The conceptual site plan, revised to reflect the requirements of the Planned Development ordinance, details a partial closure and reconfiguration of Northwest Parkway between Pickwick and Tulane. Additionally, a section of Villanova west from Tulane is needed for construction of the underground parking structure. These proposed improvements require that Park Cities Baptist Church request the City abandon the aforementioned rights-of-way to the church. The abandonment ordinance executes that abandonment and retains a utility easement along the Northwest Parkway segment. The City's policy for abandonment of rights-of-way requires the applicant pay fair market value for the property based on a current appraisal obtained by the City of University Park. The appraisal 299 by Mr. C.E. "Chuck" Mullinax, MAI, Appraisals Brokerage & Construction Co., has been completed with portions of Northwest Parkway right-of-way at $190,000 and the Villanova right-of-way at $100,000 for a total of $290,000. Mayor Pro Tern Davis moved approval of the ordinance to abandon portions of the rights-of-way of Northwest Parkway and Villanova to the abutting owner, Park Cities Baptist Church, for a fair market value consideration of $290,000, retaining a utility easement in Northwest Parkway. Councilmember Roberts seconded, and the vote was unanimous to approve the abandoning ordinance. ORDINANCE NO. 03/21 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING PORTIONS OF THE STREET RIGHTS-OF-WAY OF NORTHWEST PARKWAY AND VILLANOVA DRIVE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO THE ABUTTING OWNER, PARK CITIES BAPTIST CHURCH, IN CONSIDERATION OF THE PAYMENT OF $290,000.00 AND DEDICATION OF AN UNDERGROUND UTILITY EASEMENT; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING AND ORDINANCE REGARDING PROPOSED TAX RATE FOR FISCAL YEAR 2004 AND ADOPTION' OF FY04. BUDGET, SALARY ORDINANCE AND TAX RATE ORDINANCE: Mayor Peek opened a public hearing. Councilmember Roberts noted that the tax rate has been reduced for the ninth year in a row. Even though there may be a tax increase, it is due to the fact that property values have .risen. As there were no other comments, the Mayor closed the public hearing. The City's Employee Benefits and Finance Advisory Committees have reviewed the City Manager's proposed budget as presented to the Council on August 5, 2003. Each Committee recommended approval of the budget with no changes. The total budget of $32,053,536 is 4.67% higher than last year's $30,632.320 adopted budget. The Debt Service Fund is no longer needed, since all debt was retired in June 2002. The property tax rate is $0.32601 per $100 taxable value. There is no debt service portion of the tax rate. The proposed new rate represents a 1.0% nominal tax rate decrease and a 2.01% effective tax increase. The FY2004 salary plan is derived from the annual pay study conducted by Hay Management Consultants and the annual survey of area cities for police and fire positions. Overall, the plan includes a 3% increase in salaries. Total full-time headcount will be 239 employees, an increase of two from last year's adopted budget. Councilmember Holmes moved acceptance of the budget ordinance. Councilmember Shawver seconded, and the vote was unanimous to approve the FY2004 Budget. ORDINANCE NO. 03/22 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF 30O ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilmember Holmes moved approval of the salary ordinance. Councilmember Roberts seconded, and the vote was unanimous to approve the FY2004 salary plan. ORDINANCE NO. 03/23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK FOR FY 2003-2004, AND PROVIDING AN EFFECTIVE DATE. Councilmember Holmes moved approval of the FY2004 property tax rate ordinance. Councilmember Shawver seconded, and the vote was unanimous to approve the ordinance adopting the FY2004 (tax year 2003) property tax rate. ORDINANCE NO. 03/24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAl, YEAR 2003-2004 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY PARK AS OF JANUARY 1, 2003, TO PROVIDE REVENUES .FOR THE PAYMENT OF CURRENT EXPENDITURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES 1N CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING AND ORDINANCE TO CONSIDER ADOPTION OF THE 20-YEAR- ANY-AGE OPTION UNDER TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS): Mayor Peek opened the public hearing. There were no comments from the floor, so the public hearing was closed. Under the city's current adopted plan; employees must have 25 years of service in TMRS in order to be eligible to retire. The proposed ordinance would change retirement eligibility to 20 years of service. The Employee Benefits Committee reviewed the proposed option and recommended it for approval. Councilmember Roberts moved approval of the ordinance. Councilmember Holmes seconded, and the vote was unanimous to approve the 20- year-any-age option under TMRS. ORDINANCE NO. 03/25 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. CONSIDER BIDS FOR CONSTRUCTION OF A 24" WATER MAIN ON UNIVERSITY BOULEVARD FROM CITY HALL TO THACKERY: The water main will be constructed along University Boulevard from City Hall east to Thackeray and north along Thackeray to 301 Haynie. The existing water vault at the intersection of Thackeray and Haynie will be abandoned. Mayor Pro Tem Davis moved approval of the bid. Councilmember Holmes seconded, and the vote was unanimous to approve Project No. 43720 to North Texas Contracting in the amount of $680,520.00. There being no further business, the meeting was adjoumed. PASSED AND APPROVED this 17th day of September 2003. ~ simon, ~tary Harold Peek, Mayor