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HomeMy WebLinkAboutMn 12-19-06 133 MINUTES #2631 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, DECEMBER 19, 2006, 5:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver and 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. Two Boy Scouts introduced themselves and stated the badge upon which they were working: Luke McBride, 4307 Glenleigh Drive and Will Jackson, 3710 Armstrong. Councilmember Walker moved approval of the Consent Agenda. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve the fol,1owing: CONSENT AGENDA CONSIDER AMENDMENT TO TXU ORDINANCE: At the request of members from the University Park Residents in Action Committee (UPRIA), the city council passed an ordinance on December 5th "requesting" that TXU remove and reroute the transmission line outside of the University Park City Limits. The council was asked to consider a revised ordinance "requiring" TXU to remove and relocate the 138 kV transmission line outside the University Park City Limits. In addition, the revised ordinance requires TXU to begin the relocation process no later than April 1, 2007. Due to narrow alley rights-of-way and the close proximity of the transmission line to University Park Elementary School, the ordinance requests the reroute of the transmission line for reasons of safety and reliability. ORDINANCE NO. 06/25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, REQUIRING TXU ELECTRIC DELIVERY TO RELOCATE THE 138 KV TRANSMISSION LINE CONNECTING THE LOMO ALTO AND GREENVILLE SUBSTATIONS OUTSIDE OF THE CITY LIMITS DUE TO PUBLIC SAFETY CONCERNS AS OUTLINED BY THE TEXAS PUBLIC UTILITY COMMISSION SUBST ANA TIVE RULES TO ELECTRIC SERVICE PROVIDERS, Sec. 25.101(c)(5)(F). CONSIDER RESOLUTION AUTHORIZING SET-UP OF BANK ACCOUNT FOR HEALTH INSURANCE PROGRAM: The City is changing its self-funded employee health insurance program and is replacing Fiserv (formerly Wausau Benefits) with CIGNA HealthCare. The attached resolution contains wording provided by CIGNA to establish an account for their use with JPMorgan Chase. RESOLUTION NO. 06-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE ESTABLISHMENT OF A DEMAND DEPOSIT ACCOUNT WITH JPMORGAN CHASE BANK FOR USE BY CIGNA HEAL THCARE FOR THE 134 CITY'S EMPLOYEE HEAL TH INSURANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE FOR REGULA TION OF FOOD ESTABLISHMENTS, TEMPORARY HEALTH PERMITS AND PERMIT FEE: The ordinance for the regulation of food establishments adopts the rules of the Texas Food Establishment Rules of the Texas Department of State Health Services dated May 2006 and replaces Ordinance No. 82/27 adopted November 1, 1982. The ordinance provides for the regulation of food establishments and Temporary Health Permits and Permit Fees. ORDINANCE NO. 06/36 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 6.302 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO PROVIDE FOR THE REGULATION OF FOOD ESTABLISHMENTS; AMENDING SECTION 6.310 TO PROVIDE ACCESS AND INSPECTION FREQUENCY; AMENDING SECTION 6.315 TO PROVIDE FOR TEMPORARY HEALTH PERMITS AND PERMIT FEES; 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 RESOLUTION AMENDING MASTER FEE SCHEDULE: The resolution amends the Master Fee Schedule for Temporary Health Permits. Dallas County Health and Human Services and the Environmental Health Division notified the city that the fee would be raised from $55.00 per day to $85.00 per day. RESOLUTION NO. 06-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION NO. 06-20, EXHIBIT "A," SECTION I "ADMINISTRATIVE SERVICES," BY AMENDING FEES FOR TEMPORARY HEALTH PERMITS, AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For December 5, 2006. MAIN AGENDA PUBLIC HEARING TO AMEND THE COMPREHENSIVE ZONING ORDINANCE BY PROVIDING SPECIFIC REGULATIONS FOR BUILDING SETBACK AND BUILDING HEIGHT FOR BLOCK H, PRESTON CENTER PLAZA: The current building setbacks for Preston Center Plaza are referenced to a 1947 plat of record filed June 10, 1947. The building setbacks off Wentwood Drive were reconfigured later with the relocation of Wentwood Drive. It appears that the current setback requirement for Block H off of Wentwood is 23'. The property owner is requesting a five foot ((5') setback for Block H in order to attract a Cafe R&D restaurant on the site. The Planning and Zoning Commission held a public hearing on October 9, 2006 and considered the item on November 13, 2006, voting unanimously to recommend approval for a building setback 5' off the property line on Wentwood Drive; a maximum building height of 18' for a distance of 23' from the property line on Wentwood Drive and landscaping to be installed as shown on the conceptual site plan. Mayor Holmes opened the 135 public hearing. As no one wished to speak, he closed the public hearing. It was to be noted that the water feature is not approved in the site plan. Mayor Pro Tempore Shawver moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve the amendment to the comprehensive zoning ordinance by providing specific regulations for building setback and building height for Block H, Preston Center Plaza. CONSIDER ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE BY PROVIDING SPECIFIC REGULATIONS FOR BUILDING SETBACK AND BUILDING HEIGHT FOR BLOCK H, PRESTON CENTER PLAZA: ORDINANCE NO. 06/37 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 23-105 (3) (a) TO PROVIDE SPECIFIC REGULATIONS FOR PRESTON CENTER EAST (PRESTON CENTER PLAZA); 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. REPORT REGARDING SPECIAL EXCEPTION FOR 8' WROUGHT IRON FENCE IN FRONT YARD AT 6023 ST. ANDREWS: Gilbert J. and Patricia Besing, property owners at 6023 St. Andrews, installed an 8' wrought iron fence in the front yard of their home in violation of city codes. Staff requested they bring their property into compliance. The Besings applied to the Board of Adjustment for consideration of a variance. The Besings attorney, George Dunlap of Jenkens & Gilchrist, requested an amendment of the zoning ordinance to provide for a special exception which will allow the fence to remain. In 1999, city council amended the Zoning Ordinance to provide a special exception for a fence within front yards in the Single family "SF- 1" Zoning District. The Comprehensive Zoning Ordinance under Section 21-100 (4 ) (b) iii allows for decorative metal banisters and handrails that have 3" clear vision between vertical posts, provided such posts are a maximum of 1" in width and do not exceed 48" in height. Section 28- 1 05 (3) provides for the following fences and walls in front yards: "Fences or walls shall not be constructed in the front yard, past the front wall of the main structure, except in the following circumstances: (a) Decorative metal fencing and masonry walls not exceeding 5' in height, architecturally attached to the main building and extending not more than 6' into the front yard; (b) Any edging for flower or landscaping beds that does not exceed 12" in height; (c) Retaining walls not exceeding 2' in height above the average natural grade of the front yard; (d) Masonry walls not exceeding 2' in height; or (e) Where specifically authorized by another section of the Comprehensive Zoning Ordinance." The Zoning Ordinance Advisory Committee (ZOAC) considered this item at its November 28, 2006 meeting and voted unanimously to recommend approval of amending the zoning ordinance to provide for a special exception. Mayor Holmes moved that the item be referred to the Planning & Zoning Commission and that staff draft an ordinance to bring back to the council at a future date. Councilmember Walker seconded, and the vote was 3-0 in favor with Councilmember Carter having been recused from the issue at an earlier meeting and Councilmember Grable abstaining. REPORT REGARDING PLANTER BOX INSTALLED IN PUBLIC RIGHT-OF-WAY AT 6700 GOLF DRIVE: Alan Rich, property owner of 6700 Golf Drive, installed a planter box with stone edging in the public parkway. A resident in that neighborhood complained to staff. The 136 Rich family was contacted and asked to remove the planter box as it violates Chapter 7, Section 7.105 (b) of the City Code of Ordinances. The property owner appealed to the council and the item was discussed on October 3, 2006. Council forwarded it to ZOAC for further review and recommendation. ZOAC considered the item at its regular meeting on November 28, 2006 and unanimously recommended that the planter box be removed. Fire Chief David Ledbetter explained the fire department's opposition due to public safety issues. Mayor Pro Tempore Shawver moved the recommendation of ZOAC to leave the ordinance in place be accepted. Councilmember Grable seconded, and the vote was unanimous to approve the recommendation of ZOAC to leave the ordinance in place. On a 4-1 vote, with Mayor Pro Tempore Shawver against, Mayor Holmes moved and Councilmember Grable seconded a motion to document existing locations, but to notify builders and property owners that they cannot construct anything in the rights-of-way in the future. REPORT REGARDING VIOLATIONS OF COMPREHENSIVE ZONING ORDINANCE RELATING TO DWELLING UNIT OCCUPANCY: Over the past four months, the building department has received five complaints affecting five separate buildings regarding occupancy violations in which a dwelling unit is occupied by more than two unrelated persons. It appears that some property owners are unaware of the occupancy requirements. Staff will notify property owners in the Single Family Attached, Duplex D, and Multi Family Districts by letter to be mailed on January 15, 2007 explaining the occupancy requirement per dwelling unit. The letter will also alert property owners that the city will enforce the occupancy requirements beginning June 1, 2007, and staff recommended further enforcement action be put on hold until June 1, 2007. Mary Graves, 6716 Hursey, president of the homeowners association, was concerned about the number of people in the units. Michael Corman, 3100 Milton, asked what the council could do to keep up with the number of people living in one unit and also the parking situation. Mr. James Gamer, 3120 Milton, was concerned that there was no enforcement on the property. He requested those concerned be notified of the ordinance and enforcement start now, not June 1, 2007. Matt Dixon, 3448 Rosedale, also addressed his concern regarding the situation. Councilmember Carter moved a letter be sent to builders and owners no later than January 15, 2006. Mayor Holmes seconded, and the vote was unanimous to approve the letters. CONSIDER ORDINANCE FOR NO PARKING ON WEST SIDE DICKENS, AMHERST NORTH TO STANFORD: Staff recently received a request from University Park Elementary School to relocate the No Parking Zone along the east side of Dickens, from Amherst north to Stanford to the west side of Dickens and that the no parking designation be in effect on "school days between the hours of 7 a.m. and 4 p.m." Councilmember Walker moved that the east side of Dickens not be deleted and that the No Parking Zone on Dickens should apply to both sides. Councilmember Grable seconded, and the vote was unanimous to approve the amended ordinance. ORDINANCE NO. 06/38 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING P ARKING AT ANY TIME ON THE WEST SIDE OF DICKENS BETWEEN STANFORD AND AMHERST; PROVIDING FOR THE ERECTION OF SIGNS; 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 AN EFFECTIVE DATE. 137 CONSIDER ORDINANCE FOR TREE PRESERVATION: In May 2006, the city council requested staff to establish a Tree Ordinance Review Committee in an effort to create a comprehensive Tree Preservation Ordinance for the City of University Park. There were several things that were changed on the ordinance presented. Mayor Holmes moved approval with the following amendments to: Section 12.403, change the semicolon to a colon after Applicability. Place a period after Park in the third line of that paragraph and strike the rest of the wording in the third line, as well as, sections 1-3. Councilmember Carter seconded, and the vote was unanimous to adopt the tree ordinance as amended. ORDINANCE NO. 06/39 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY ADOPTING A NEW ARTICLE 12.400 PROVIDING FOR TREE PROTECTION; PROVIDING DEFINITIONS; PROVIDING TREE PLANTING AND REPLACEMENT REQUIREMENTS; 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 FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL FROM NATIONWIDE WATER RESOURCES FOR ENGINEERING SERVICES FOR DEVELOPMENT OF HYDRAULIC ANALYSIS OF TURTLE CREEK SOUTH OF CITY HALL: The proposed water feature improvements to Goar Park are designed to use water from the creek, which will be pumped to the west end of the "babbling brook" and cascade over boulders back to the creek. The city must make application for a water use permit through the Commission on Environmental Quality (TCEQ) for the aforementioned use of the water. The process is extremely complicated and may involve minimal water rights payments to a downstream entity, probably Dallas Water Utilities (DWU) for any losses to their appropriated rights. The actual permit may not be received for 12-15 months, causing us to use treated water in the interim, assuming the City's Drought Contingency Plan allows us to do so. Councilmember Carter moved approval of the proposal. Councilmember Grable seconded, and the vote was unanimous to approve the proposal from Nationwide Water Resources in the amount of$14,200 for engineering services. CONSIDER PROPOSAL FROM RL. GOODSON FOR ENGINEERING SERVICES FOR THE DEVELOPMENT OF A HYDRAULIC ANALYSIS OF TURTLE CREEK SOUTH OF CITY HALL: The construction of the box culvert under the City Hall expansion helped lower the 100-year flood plain in the area north of University Boulevard, but improvements downstream are necessary to reduce it further. A hydraulic analysis of the stream must be developed to determine the type and size of structures that will be designed and constructed. RL. Goodson will act as the lead consultant and Nationwide Water Resources will develop the technical modeling and report. The information will enable the city to proceed with a contract to design and construct the improvements that will alleviate flooding issues in the future. Mayor Pro Tempore Shawver moved approval of the proposal in the amount of $18,200, subject to deleting the "limit of liability" clause. Councilmember Walker seconded, and the vote was unanimous to approve the proposal from RL. Goodson. CONSIDER AWARD OF BIDS FOR CITY HALL/PEEK DISPATCH TECHNOLOGY PACKAGES: To complete the City Hall remodel and Peek Dispatch Center projects, the 138 technology package consists of three requests for proposals: voice and data cabling to provide phone and computer network wiring from the appropriate computer room to the work area outlets throughout the building; audio/visual systems to provide video and sound equipment to support multiple input sources in six conference rooms and the council chambers at City Hall and the Cable TV distribution system throughout the building; security systems to provide security cameras, door access control devices, intercoms, and duress buttons in appropriate locations throughout City Hall and Peek Dispatch Center. These devices will be controlled and monitored by a centralized computer system. Gallagher Construction Services is providing construction management, and the city will enter into individual contracts for each of the specific proposals. Councilmember Walker moved approval of the bids. Councilmember Carter seconded, and the vote was unanimous to approve the bids for City Hall/Peek Dispatch technology packages. CONSIDER AMENDMENT TO INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER: The City of University Park, through its police department, wishes to enter into an interlocal agreement with the Town of Highland Park 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 program will also work to establish a good rapport between the police and students, parents, staff, faculty, administration and other adults. The focus will be on student well-being and safety, primarily through anti-drug and alcohol abuse education programs. An agreement was previously approved by council. The Town of Highland Park has amended the agreement as follows: The Town of Highland Park will pay 25% of "the actual cost of salary and benefits for the SRO, net of all non-governmental contributions to the program."; The Town of Highland Park requests that the statement sent to them by the City Of University Park be "itemized.", and "Should the services of the SRO be provided for a partial school year, the statement shall be prorated for the months that the services were actually provided." Councilmember Carter moved approval of the amendment. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve the amendment to the Interlocal Agreement with The Town of Highland Park for the School Resource Officer. CONSIDER RESOLUTION AUTHORIZING CITY MANAGER TO APPROVE RESIDENTIAL LICENSE AGREEMENTS: Residential license agreements are needed whenever private property owners desire to place facilities within the City's rights-of-way. Typically, the license agreements are for sump pump drains associated with below grade construction, such as basements. The Code of Ordinances requires projects with below grade construction to contain drainage systems that must be drained through enclosed pipe into the city's storm water drainage system, or develop an engineered solution that addresses the ground water. The most common solution involves connecting a pipe from the property into the city's stormwater system; therefore, the property owners must seek approval of the license agreements from the city council. The existing requirements will not change, and the license agreements will still need to be filed by the property owners with Dallas County. Mayor Pro Tempore Shawver moved approval of the resolution. Councilmember Walker seconded, and the vote was unanimous to approve the resolution authorizing the city manager to approve residential license agreements. 139 RESOLUTION NO. 06-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, DELEGATING AUTHORITY FOR THE APPROVAL OF RESIDENTIAL LICENSE AGREEMENTS TO THE CITY MANAGER OR HIS DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL FROM DFW COMMUNICATIONS FOR RADIO SYSTEM EQUIPMENT: This item was pulled from the agenda until staff can meet with communications regarding charges. ITEMS FROM THE FLOOR Kitty Holleman, 3939 Marquette, spoke regarding the larger homes being built in the city. She feels the height of homes should be no more than 30', front entrance driveways should be required, there is too much debris on the streets, there are too many cars and trucks parked on the streets due to construction and that public safety is at risk. Matt Dixon, 3448 Rosedale, thanked the council for allowing the inset parking on Hursey to stay in place and for all their concerns on Hursey. There being no further business, Mayor Holmes adjourned the meeting. PASSED AND APPROVED this 2nd day of January 2007. ATTEST: ,.