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MINUTES
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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, SEPTEMBER 7, 2004, 5:00 P.M.
Mayor Holmes opened the meeting of the City Council. Present were Mayor Pro Tempore Jim
Roberts and Councilmembers Syd Carter and Kelly Walker. Councilmember Harry Shawver was
absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob
Dillard and City Secretary Nina Wilson.
AWARDS & RECOGNITION
PRESENTATION FROM D MAGAZINE: The City of University Park was named #1 suburb.
Executive Director of D Magazine, Tim Rogers, made a brief speech congratulating the City.
Mayor Pro Tem Roberts presented each Department Director with a framed photograph of the D
Magazine cover. Mr. Clark Lenhardt, who was featured on the D Magazine cover, was also
presented a framed photograph, as well as, Miss Grace Jolas, pictured on the swing. The City
was named # 1 suburb also in 2002.
ITEMS FROM THE FLOOR
RECOMMENDATION FROM CABLE TV FRANCHISE REVIEW ADVISORY GROUP:
The Cable TV Franchise Review Advisory Group (FRAG) appointed by the City Council on
August 3rd has met three times. The group, which also includes representatives from The Town
of Highland Park, drafted a recommendation to the City Council regarding initial steps in the
franchise review process. This action is not the completion of FRAG's work but rather an early
step in that effort. Much of FRAG's discussion to date has related to cable TV and internet
customer service problems experienced by group members. Ms. Beth Blankenship, member of
the group, presented the recommendation to the City Council. The Cable TV Franchise Review
Advisory Group recommends that the City of University Park and the Town of Highland Park
perform the following: a franchise fee audit of Charter Communications for the Park Cities
system; a compliance audit of Charter Communications relative to the existing University Park
and Highland Park franchise agreements; and a technical assessment of the Charter
Communications Park Cities system.
Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Carter
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER CONTRACT FY'05 FOR HEALTH SERVICES WITH DALLAS COUNTY
DEPARTMENT OF HEALTH AND HUMAN SERVICES: The City agrees to pay the County
$48.00 for the fiscal year October 1, 2004 through September 30, 2005, which is the agreed upon
City's share of the total cost less federal and state funding. Health services include tuberculosis
control, sexually transmitted disease control, communicable disease control, and laboratory
services.
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CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For August 18, 2004.
MAIN AGENDA
PUBLIC HEARING TO DISCUSS ORDINANCE AMENDMENT FOR PD-2-R, PARK
CITIES BANK, 4300 LOVERS LANE: Mayor Holmes opened a public hearing. Park Cities
Bank requested approval of an amendment to Planned Development District 2 - Retail (PD-2-R)
(Miracle Mile), specifically for the property at 4300 Lovers Lane, in order to locate a bank
facility with two drive-thru lanes on the property on the east side of the building. Steve Metzger,
attorney representing the bank, stated that all the neighbors had been contacted and there was no
opposition. As no one at the City Council meeting spoke in opposition, Mayor Holmes closed
the public hearing. Councilmember Carter moved approval of the request. Mayor Pro Tem
Roberts seconded, and the vote was unanimous to approve an amendment to PD-2-R, 4300
Lovers Lane.
CONSIDER ORDINANCE AMENDING PD-2-R, PARK CITIES BANK, 4300 LOVERS
LANE: Councilmember Walker moved approval of the ordinance. Mayor Pro Tem Roberts
seconded, and the vote was unanimous to approve the amendment.
ORDINANCE NO. 04/24
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY
PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMENT
DISTRICT NO. 2 (PD-2-R) FOR THE PROPERTY DESCRIBED AS LOT 1R OF BLOCK A,
IDLEWILD NO. 2, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS
COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4300 LOVERS LANE,
UNIVERSITY PARK, TEXAS; APPROVING A SITE PLAN AND LANDSCAPE PLAN;
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.
PUBLIC HEARING FOR PROPOSED 2004 PROPERTY TAX RATE AND BUDGET: Mayor
Holmes opened a public hearing. Finance Director Kent Austin spoke on the inclusions in the
budget and tax rate. The tax rate has been reduced for the l0th straight year. The proposed
FY'05 rate of $0.32539 is a 0.2% reduction from last year's adopted rate of $0.32601. The
certified taxable property base rose 4.2%. The proposed budget would collect $491,644 more in
current property taxes than last year, a 4.0% increase. Comparing the new proposed tax rate of
$0.32539 against the ETR yields an effective tax increase of 2.37%. As there was no comment,
Mayor Holmes closed the public hearing. Mayor Pro Tem Roberts moved approval of the
proposed 2004 property tax rate and budget. Councilmember Walker seconded, and the vote was
unanimous to approve both the property tax rate and budget for 2004.
CONSIDER APPROVAL OF MODIFICATIONS TO PLANS FOR CITY HALL AND GOAR
PARK IMPROVEMENTS: The City has been working with Mr. Rowland Jackson of Newman,
Jackson, Bieberstein Landscape Architecture (NJB) to develop improvements to Goar Park as
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well as modifications to the City Hall renovation plans approved in February. Mr. Jackson
reviewed the conceptual plans, which are intended to improve the appearance and usability of
Goar Park while mitigating any impacts of the City Hall renovation. Mayor Holmes then called
on anyone who wished to speak in favor of or in opposition to the modifications. Mr. Allen
Terrill, 3209 Beverly Drive and Mr. Jeremy Adams, 3425 University Boulevard, representing
Preservation Park Cities, spoke in opposition. Ms. Randee Heffiefinger, 3600 Rosedale, spoke in
opposition. Ms. Lucy Billingsley, 6701 Turtle Creek, spoke in favor of the modifications and
thanked the City Council for their willingness to make changes and listen to objections to the
original plans. Mr. Reed Norris, 4310 University Boulevard, spoke in opposition. Mr. G. Irwin
Gordon and his daughter Kristina, 3645 Haynie spoke in favor, and Mr. Gordon noted that the
City has responded very well to requests from citizens and has acted aggressively to improve the
park. Mr. lan Packer, 3649 Haynie, spoke in favor and noted that the mayor had spent a great
deal of time to find a solution. He applauded the modifications. After no one else came forth to
speak, Mayor Holmes stated the concept and design had already been approved in principal and
final approval was now in order. Mayor Pro Tem Roberts recommended approval of the
modifications as outlined in Mr. Jackson's presentation and recommended staff be authorized to
proceed with developing a contract with NJB for design of the concept as presented and that the
contract be returned for City Council approval at the September 22nd City Council meeting.
Councilmember Walker seconded, and the vote was unanimous to approve the modifications to
plans for City Hall and Goar Park improvements.
REVIEW SMITH PARK PLAYGROUND CONCEPT PLANS: Director of Parks Gerry Bradley
made the presentation. For the past few months, staff has been working with residents to
develop conceptual drawings for the replacement of older playground components at Smith Park.
The playground committee has been working with representatives of Southwest Parks and
Playgrounds to replace playground components at Burleson, Caruth, Coffee and Caruth Parks.
The new playground design will provide activities for both toddlers (ages 2-5 year olds) and
older children (ages 5-12 year olds). Play structure components include: Swing Set, Rock
Climber, Log Roll, Merry-Go-Round, Slides, Tic-Tack-Toe Board, Children's Backhoe, Tot
Slide and Climbers, Vertical Climbing Features and Resilient Shredded Wood Surfacing.
Support features will include additional concrete containment curbs, concrete walkways, picnic
tables, seating benches and a playground drainage system. The total project cost for the Smith
Park Playground upgrade is estimated at $69,174.25. The timeframe for the playground project
is estimated to be approximately three to four months after materials have been ordered.
Councilmember Walker moved to approve the concept. Mayor Pro Tem Roberts seconded, and
the vote was unanimous to approve the plans for the Smith Park Playground.
CONSIDER ORDINANCE ORDERING CHANGE OF CERTAIN STREET ADDRESS
NUMBERS: As there is a primary concern regarding the accuracy on the impact of emergency
services (police, fire, & dispatch), building inspection and utility billing, a change has been
recommended. Mayor Pro Tem Roberts moved approval of the ordinance. Councilmember
Walker seconded, and the vote was unanimous to approve an ordinance changing certain street
address numbers.
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ORDINANCE NO. 04/25
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ORDERING THE
CHANGE OF CERTAIN STREET ADDRESS NUMBERS; AND PROVIDING AN EFFECTIVE
DATE.
CONSIDER REQUEST FOR CITY COUNCIL TO REFER RESIDENTIAL REQUIREMENTS
IN ZONING ORDINANCE TO ZONING ORDINANCE ADVISORY COMMITTEE FOR
FURTHER DISCUSSION: The Zoning Ordinance contains an allowance for certain projections
into the required side yard, such as window sills, belt cornices, eaves, chimneys and windows,
along with the maximum distance that each may encroach into the side yard. There is also an
allowance for other architectural features to project into the required side yard. Since there is no
definition found in the Zoning Ordinance for architectural feature, the term has been interpreted
in various ways over time. Either a true definition of what can be considered an architectural
feature must be created or the term should be eliminated in order for proper enforcement to take
place. It was recommended that these allowable projections be reviewed for all residential
districts to determine their merit. Another item of concern regarding driveway lengths and
location has arisen that will necessitate an amendment to the ordinances dealing with where these
points of measurement are referenced. The Zoning Ordinance specifies that garages or carports
constructed to be entered directly from an alley or side street shall be set back from the
respective property line a minimum distance of 20'. While this does not create a problem in the
vast majority of cases, there have been situations where the rear property line of a lot is located
into the alley paving. Even in most of these cases, the City has been successful in obtaining a
20' foot setback from the alley paving; but, in reality, wording is needed that makes it much
clearer to all parties from where the distance should be taken. Mayor Holmes moved the issue
be referred to the Zoning Ordinance Advisory Committee (ZOAC) for further discussion. Mayor
Pro Tem Roberts seconded, and the vote was unanimous to refer the issue to ZOAC.
DISCUSS FEASIBILITY OF RECONSTRUCTING LOVERS LANE, HILLCREST WEST TO
DICKENS: SYB Construction is nearing completion of water and sanitary sewer utility
replacement along Lovers Lane from Hillcrest to Thackery. There have been preliminary
discussions with the contractor regarding the possibility of revising his contract to include the
reconstruction of Lovers lane, Hillcrest to Dickens, in lieu of simply completing the permanent
pavement repairs in the areas damaged by the utility construction. The work would be done this
fall, and it was suggested that reconstruction of the remaining section, Dickens to Thackery, be
done the summer of 2005, while school is in recess. Director of Public Works Bud Smallwood
will bring a suggested timeframe, the scope of the work and cost to the City Council.
CONSIDER RESOLUTION FOR ESCROW AGREEMENT FOR DEDICATION OF
EASEMENT DEEDS FOR NORTHWEST PARKWAY WALL: All residents in the 3200-3000
block of Northwest Parkway have signed the Right-Of-Way Dedication Deed to donate
approximately 14' of their property for the construction of a screening wall, street construction,
and water line improvements along their frontage. As a protection to property owners, the City
of University Park has agreed to hold the deeds in escrow pending approval of a construction
contract for the screening wall. This agreement provides that Republic Title of Texas, Inc. will
hold all deeds in escrow until December 31, 2005 at 5:00 p.m. In the event authorization and
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approval for the project are not obtained, escrow documents shall terminate and become null and
void, and the title company will retum documents to the respective homeowners.
Councilmember Walker moved approval of the Escrow Agreement between the City of
University Park and Republic Title of Texas, Inc. Mayor Pro Tem Robert seconded, and the vote
was unanimous to approve the resolution for escrow agreement for dedication of Easement
Deeds for the Northwest Parkway Wall.
RESOLUTION NO. 04-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,
TEXAS, APPROVING AN ESCROW AGREEMENT WITH REPUBLIC TITLE COMPANY
OF TEXAS AND AUTHORIZING EXECUTION BY THE CITY MANAGER; AND
PROVIDING AN EFFECTIVE DATE.
BOY SCOUT: Mr. Ryan Alleman, 4428 Southern, Highland Park, Texas introduced himself and
stated that he was in Troop #72 and working on the Citizenship in the Community Badge.
There being no further business, the meeting was adjoumed.
PASSED AND APPROVED this 22nd day of September 2004.
ATTEST:
Ni~ity S-~rcretary
~a~e's'~. Holmes ~II, !~ayor