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HomeMy WebLinkAboutMn 05-22-07 176 MINUTES #2710 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBER TUESDAY, MAY 22,2007,5:00 P.M. At 3:00 p.m., the council held a discussion on the Chase Bank Project in the Council Chamber. The purpose of the discussion was to address concerns of the project: square footage, height of the building and townhouses, and how the building will be serviced for sanitation needs. Mr. Jody Short, Lee Engineering, discussed foot traffic and queueing from his report on the Traffic Impact Analysis that he conducted for Chase Bank, and the build-out at Hillcrest and Daniel. Mayor James H. Holmes, III, convened the city council into an executive session in the conference room at 4:03 p.m. for a consultation with the City Attorney regarding a deliberation on real property under Sections 551.071 and 551.072 of the Government Code. The executive session was closed at 4: 18 p.m. No action was voted on or taken during the meeting. Mayor Holmes then opened the first public hearing to annex a strip of land along Northwest Parkway. As there was no discussion, the public hearing was closed. No action was taken. Mayor Holmes opened the regular city council meeting at 5 :00 p.m. in the Council Chamber. 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. A WARDS AND RECOGNITION DEP ARTMENT PINS: City Manager Bob Livingston presented department pins to Utilities Supervisor Lalo Garcia for 25 years of service, Purchasing Agent Christine Green, 15 years, and City Secretary Nina Wilson, 15 years, for a total of 55 years of service to the city. RETIREMENT Mayor Blackie Holmes presented a retirement plaque to City Secretary Nina Wilson, who will retire June 30, 2007, and thanked her for her service to the city. Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER PROPOSAL FROM ALAN PLUMMER & ASSOCIATES (APAI) TO PROVIDE ENGINEERING SERVICES FOR DEVELOPMENT OF A WATER DISTRIBUTION ANALYSIS AND WATER QUALITY STUDY FOR $81,105: The proposal from APAI provides engineering services necessary to accomplish two tasks: development of a water distribution analysis and performance of a water quality study. The last water distribution 177 system analysis was performed in 1992. There have been considerable improvements made to the distribution system in the past 15 years, leaving the old model unusable. The proposed water quality study will also develop a computer model of the distribution system which will identify areas or pipes that have very low flows or pressures and are subject to low chlorine residual levels. CONSIDER PROPOSAL FROM R. L. GOODSON TO PROVIDE SURVEYING SERVICES FOR MAPPING THE CITY'S STORMSEWER OUTF ALLS FOR $50,000 PLUS REIMBURSABLES: The Stormwater Management Plan developed by HDR Engineering identified Best Management Practices (BMPs), which are required by the Texas Commission on Environmental Quality (TCEQ). One of those BMPs is to provide TCEQ an accurate, updated map of the city's stormwater collection system, including specific locations of all outfalls. The R.L. Goodson proposal is based on hourly rates with a maximum fee, because we cannot provide all definitive locations in order to determine the specific work effort involved. The approval is contingent upon removal of a "limit of liability" clause identified in their General Conditions. CONSIDER PURCHASE OF NEWSRACKS A T INTERSECTION OF PRESTON & NORMANDY (YMCA): A quote of $6,631.88 was received from Rak Systems, Inc. to deliver and install a modular news rack at the intersection of Preston & Normandy that will accommodate 14 publications. Rak Systems, Inc. is the same vendor that supplied the modular newsracks currently in place on Snider Plaza. Staff elected to go with a direct quote from this vendor instead of a competitive bid to ensure that the same modular racks are used. CONSIDER PROPOSAL FOR POLICEIFIRE RADIO/TELEPHONE RECORDING EQUIPMENT AND ELECTRONIC TRACKING SYSTEM FOR BANK ROBBERIES: In conjunction with the creation of an alternate dispatch operation at the Peek Service Center, the city is required to install systems to record the police/fire radio and telephone traffic for playback and storage. Also, to duplicate an existing capability for police dispatch, an Electronic Tracking System (ETS) for bank robberies is required. A quote from NICE Systems, Inc. to provide the 64 channel NiceLog recording system is for $72,385. A quote from ETS to provide the hardware and software to support the multi-jurisdictional bank robbery tracking system is $5,950. CONSIDER INTERLOCAL COOPERA TION AGREEMENT WITH THE CITY OF GRAPEVINE FOR COOPERATIVE PURCHASING: The City of Grapevine Interlocal Cooperation Agreement with the City of University Park allows the City of Grapevine to participate in our contract with Cutler Repaving for in-place recycling of asphalt pavement. CONSIDER PURCHASE OF A SEWER INSPECTION V AN AND ASSOCIATED EQUIPMENT: The current system can inspect lines ranging in size from 6-18" in diameter. The current camera system and electronics are failing with increased frequency causing significant downtime and work delays. In addition to replacing the existing equipment, there is now additional equipment available to increase the city's sewer inspection capabilities. A second, larger transporter will allow for the inspection of our large trunk sewer mains. This new transporter is also steerable, giving us the ability to navigate the stormsewer system. This will assist the city in meeting a new state and federal mandate to accurately map our storm water system within the next five years. This system will be invaluable for settling disputes with 178 residents for back-ups in residential service lines. It will also allow us to inspect lines in locations inaccessible with the truck. Since the additional equipment increases the space and payload requirements of the truck and our current cargo van cannot handle all the equipment involved, this upgrade will also require the replacement of our current van with a small box, van- type vehicle. The purchase of a truck chassis and box from Henna Chevrolet is $26,285, and the purchase of video inspection equipment and customization of the vehicle interior from Cues, Inc. is $185,149. CONSIDER RESOLUTION TO CANVASS RETURNS AND DECLARATION OF RESULTS OF SPECIAL ELECTION, MAY 12, 2007: An election was held to authorize the sale of Potomac Park to Southern Methodist University. The resolution canvasses the returns and declares the results of the Special Election. Proposition 1 read: "Shall the .80 acre tract known as Potomac Park located on the south side of Potomac Avenue just behind the Mockingbird Plaza Shopping Center between Airline and Central Expressway be sold to Southern Methodist University in the manner provided by law and the proceeds used only to acquire and improve property for public park purposes?" There were 2202 votes cast in the following manner: Number of Votes Cast For Proposition 1: 1782 Number of V otes Cast Against Proposition 1: 420 Total Votes Cast: 2202. RESOLUTION NO. 07-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, CANV ASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF UNIVERSITY PARK, TEXAS, ON MAY 12, 2007, CONCERNING A PROPOSITION TO AUTHORIZE THE SALE OF POTOMAC PARK TO SOUTHERN METHODIST UNIVERSITY; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPRO V AL OF CITY COUNCIL MEETING MINUTES: For May 1,2007. MAIN AGENDA CONSIDER ACCEPT ANCE OF FY2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): Once again, the city received an unqualified audit opinion from the city's external auditors, Weaver & Tidwell LLP, which attests to the fair representation of the city's financial position. The auditors found no reportable conditions or material weaknesses. Mayor Holmes moved acceptance of the FY2006 CAFR. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to accept the city's annual financial report. PRESENT A TION OF TRAFFIC IMP ACT ANALYSIS (TIA) OF THE PROPOSED CHASE BANK DEVELOPMENT: Jody Short, P.E., Lee Engineering, presented his findings for the TIA he developed for the proposed Chase Bank Development. Staff met with Mr. Short, Elizabeth Crow, P.E., DeShazo-Tang Associates, who represented the adjacent residential neighborhood, Jeremy Wyndham, P.E., Jacobs Engineering, who represented Legacy Development, and Dannie Cummings, P.E., C&P Engineering, who represented the city, to review the results of the TIA and allow them to provide technical comment. 179 SECOND PUBLIC HEARING TO ANNEX STRIP OF LAND ALONG NORTHWEST PARK WAY: Mayor Holmes opened the second public hearing to annex a strip of land along Northwest Parkway. As there was no discussion, the public hearing was closed. No action was taken. PUBLIC HEARING TO AMEND COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 26-100, OFF-STREET PARKING REQUIREMENTS OTHER THAN IN UC-l AND UC-2 DISTRICTS TO REQUIRE OFF-STREET PARKING SPACES FOR MULTI-FAMIL Y RESIDENTIAL DWELLING UNITS: Mayor Holmes opened the public hearing. Harry Persaud gave a brief PowerPoint presentation that outlined the details of the ordinance: The aggregate of driveway approaches shall not exceed: (i) One driveway per street frontage per platted lot, provided additional driveways with a minimum of 100' of street frontage, measured from center line to center line, separating them, shall be permitted; (ii) Multiple driveways that provide direct access only to an alley shall be permitted. In addition, the draft ordinance provided for an increase in off-street parking spaces in the multi-family zoning districts from two (2) spaces per dwelling unit, to one (1) space per bedroom plus one (1) additional space per ten (10) bedrooms or fractions thereof for visitors parking. The Planning and Zoning Commission voted 5-0 to deny the proposed driveway standards and to approve the increased parking requirements excluding any additional visitors parking. Several residents wished to speak on this item. Mr. Don Gale, 3712 Binkley, spoke in opposition to the ordinance and requested that Council wait to make a decision until the consultant has had a chance to review the MF -2 area. Mr. Rhett Stein, 4141 Grassmere, spoke in opposition to the ordinance and also requested that Council wait for the consultant's reviews. Mrs. Sandy Dixon, 2609 Webster Drive, Piano, TX, 75075, spoke in opposition to the ordinance and does not believe enough thought has been put into the cost and benefits and that it will place a great burden on multi-family owners. Mr. Matt Franklin, 3116 Rosedale, spoke in opposition to the ordinance and requested the city consider the definition of a parking spot and possibly consideration of tandem parking. Also speaking in opposition to the ordinance were: Ms. Nancy Fulton, 3233 Rosedale; Mr. Charles Barnett, 2844 Fondren; Mr. Brantley Booe, 4527 Emerson #7; Mr. Sean Eidson, 4144 Emerson. Those speaking in favor of the ordinance were Ms. Mary Graves, 6716 Hursey, and Mr. Frank McIntyre, 3439 Westminster. Mayor Holmes closed the public hearing. The Council then discussed the issue. CONSIDER ORDINANCE REQUIRING OFF-STREET PARKING SPACES FOR MULTI- FAMILY RESIDENTIAL DWELLING UNITS OTHER THAN IN UC-l AND UC-2 DISTRICTS: Mayor Holmes moved approval of the ordinance requiring off-street parking spaces for multi-family residential dwelling units other than in UC-l and UC-2. Councilmember Walker seconded, and the ordinance was approved with Councilmember Carter opposing and Mayor Pro-Tempore Shawver abstaining. ORDINANCE NO. 07/15 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 26-100 OFF-STREET PARKING REQUIREMENTS OTHER THAN IN UC-l AND UC-2 DISTRICTS TO 180 REQUIRE OFF-STREET PARKING SPACES FOR MULTI-FAMILY RESIDENTIAL DWELLING UNITS; 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. PUBLIC HEARING TO AMEND COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 22-101 (3) (a) PROVIDING FOR THE MAXIMUM NUMBER OF DWELLING UNITS IN THE MULTI-FAMILY ZONING DISTRICTS: The zoning ordinance provides the minimum lot area in square feet per dwelling unit in the multi family zoning districts. The requirement is 2,400 sq. ft. in the MF-l district, 1,800 sq. ft. in the MF-2 district and 1,200 sq. ft. in the MF-3 district. The ordinance also provides a methodology for determining the maximum number of dwelling units which may be constructed on a specific lot or tract of land. In practice, staff has interpreted and used this language to round up any fraction when dividing the lot area by the minimum square feet required per unit. The proposed ordinance will only allow fractional units of 0.5 and over to be rounded up to the nearest whole number. Mayor Holmes opened the public hearing. As there was no discussion, the public hearing was closed. CONSIDER ORDINANCE PROVIDING FOR MAXIMUM NUMBER OF DWELLING UNITS IN THE MULTI-FAMILY ZONING DISTRICTS: Mayor Pro-Tempore Shawver moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance to provide for a maximum number of dwelling units in the multi-family zoning districts. ORDINANCE NO. 07/16 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 22-101 (3) (a) PROVIDING MAXIMUM NUMBER OF DWELLING UNITS IN MUL TIPLE-F AMIL Y DISTRICTS; 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. PUBLIC HEARING TO AMEND SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT PD-15, HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT, FOR PROPERTY SITUATED AT 3503 AMHERST AND PROVIDING SPECIAL CONDITIONS: HPISD is requesting approval of an amended site plan for PD-15 to allow a freestanding arbor to be located on the north side of University Park Elementary School. The proposed cedar wood arbor is 20' long, 16' wide and 10' high measured from existing grade. Mayor Holmes opened the public hearing. As there was no discussion, the public hearing was closed. CONSIDER ORDINANCE APPROVING A SITE PLAN FOR A FREESTANDING ARBOR ON THE NORTH SIDE OF UNIVERSITY PARK ELEMENTARY SCHOOL: Councilmember 181 Carter moved approval of the ordinance. Mayor Pro-Tempore Shawver seconded, and the vote was unanimous to approve the ordinance allowing a freestanding arbor on the north side of University Park Elementary School. ORDINANCE NO. 07/17 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, BY APPROVING AN AMENDED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 15 FOR UNIVERSITY PARK ELEMENTARY SCHOOL, THE PROPERTY BEING DESCRIBED AS LOTS 1-26, BLOCK C, OF THE UNIVERSITY HEIGHTS ADDITION REVISED, AN ADDITION TO THE CITY OF UNNERSITY PARK, DALLAS COUNTY, TEXAS, RECORDED IN VOLUME 3, PAGE 383, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS AND MORE COMMONLY KNOWN AS 3505 AMHERST; PROVIDING SPECIAL CONDITIONS; 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 AMENDING BUILDING REQUIREMENTS TO REQUIRE CONCRETE PAVING BETWEEN THE REAR PROPERTY LINE AND ALLEY PAVEMENT: Property owners are currently required to add or repair sidewalks to meet city requirements as a condition for granting a permit to build or remodel a home when the project is valued at $10,000 or greater. The city continues to face problems in alleys such as tree and shrub encroachments and rutting of the soil next to the alley pavement. The ordinance would require residents to pave with concrete the strip of land between their rear property line and the alley pavement, thus eliminating the problems of rutting, encroachments, and overgrowth. The ordinance also changes the threshold for requiring such changes to include all improvements in excess of $10,000 instead of just home construction and remodels. This change will affect projects such as swimming pool installations and major fence replacements. Mr. Frank McIntyre, 3439 Westminster, spoke in opposition to the ordinance. Councilmember Walker moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance amending building requirements to require concrete paving between the rear property line and alley pavement. The Council requested Staff to bring back information on a cost sharing program for this item, modeled after the sidewalk replacement program. ORDINANCE NO. 07/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 3, BUILDING & CONSTRUCTION, BY AMENDING SECTION 3.1413 TO PROVIDE REQUIREMENTS FOR THE ADDITION, REPAIR, OR REPLACEMENT OF PUBLIC WALKS, ALLEYS, AND DRIVEW A Y APPROACHES; 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. 182 CONSIDER BIDS FOR SIDEWALK REPLACEMENT AROUND FOUR (4) HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT CAMPUSES, PROJECT NOS. 49100A-49100D: Council discussed the condition of sidewalks around four campuses in the community at the December 5, 2006 meeting. The estimate previously discussed was based on a brief survey by Code Inspection Staff, who only designated sidewalk with "toe-trippers". As engineering staff developed project documents, a number of other issues were discovered, primarily relating to ADA accessibility. The proposed project calls for work to be accomplished during summer recess. Councilmember Walker moved approval of the bid and award of the contract to Concrete Walls, Inc. for $123,879.09. Mayor Pro-Tempore Shawver seconded, and the vote was unanimous to approve the contract to replace sidewalks around four HPISD Campuses. CONSIDER BIDS FOR BARBARA HITZELBERGER PARK PROJECT: The high bid submitted by American Civil Contractors was 1.4 million. The low bid for the project including all bid alternates was received from The Fain Group for $709,000. After reviewing the bids, the Park Advisory Board Chairman, Bill Pardoe and the Project Architect, Coy Talley, expressed concerns about the price difference between the two bidders. Staff has met with the President of the Fain Group, Larry Frazier, who insured staff his company could build the park at the submitted bid price and meet project specifications. Staff has also contacted The Fain Group references (City of Rowlett and City of North Richland Hills), all of which were highly supportive of the contractor's performance and workmanship. Finally, in an effort to reduce concerns, staff has also requested that Gallagher Construction be retained to help oversee the inspection, coordination and management of the project. Councilmember Grable moved approval of the bid and award of contract. Councilmember Walker seconded, and the vote was unanimous to approve the contract to The Fain Group for $709,000. ITEMS FROM THE FLOOR Mr. Charles Barnett, 2844 Fondren, requested the city council form a committee to discuss issues impacting the MF -2 district. Mayor Holmes stated that there is already a program in place for the consultant, hired by the city, to discuss such items with builders. PASSED AND APPROVED this 5th of June 2007. A~~4'~~ ....ti.. James H. Holmes, III, Mayor ATTEST: . . tary - /~iJ!lL~ Y City Secretary