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MINUTES
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CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
COUNCIL CHAMBER - CITY HALL MODULAR BUILDING
TUESDAY, AUGUST 7, 2007, 5:15 P.M.
Mayor James H. Holmes, III, convened the City Council into an executive session in the
conference room at 3 :00 p.m. for consultation with the City Attorney regarding a deliberation on
real property under Section 551.071 of the Government Code. The executive session was closed
at 3:43 p.m. No action was voted on or taken during the meeting.
At 3:45 p.m., the Council held a discussion on the Chase Bank Project. Community
Development Manager Harry Persaud reviewed the latest revised draft of the PD Conditions for
the project. Property owner Albert Huddleston was also in attendance. No action was voted on
or taken during the meeting.
Mayor Holmes opened the regular City Council Meeting at 5: 15 p.m. in the Council Chamber in
the City Hall Modular Building. Present were Mayor Pro Tempore Harry Shawver and
Councilmembers Syd Carter, and Jerry Grable. Councilmember Kelly Walker was absent and
excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and
City Secretary Kate Smith.
AWARDS AND RECOGNITION
DEPARTMENT PINS: City Manager Bob Livingston presented Police Officer Victor
Velasquez with a 25-year pin and Maintenance Technician II David Nixon with a 20-year pin.
PROCLAMATION: Mayor Holmes issued and read a proclamation for Constitution Week,
September 17-23,2007.
EMPLOYEE RECONGNITION: Director of Information Services Jim Criswell presented
Employee Recognition certificates to Network Administrator Jason McCallum, Web
Master/Help Desk Technician Ken Irvin, Communications Supervisor Denise Rencher and
Lieutenant Keith Burks for their work on movement of the 9-1-1 Emergency Dispatch Center to
the Peek Service Center as part of the City Hall renovation project.
RECOGNITION OF BOY SCOUTS: Boy Scout Price Peters, 3905 Centenary, introduced
himself and announced the badge upon which he was working.
Councilmember Shawver moved approval of the Consent Agenda. Councilmember Grable
seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER APPROVAL OF BID #07-05, SCBA COMPRESSOR FOR FIRE DEPARTMENT:
The air compressor is used to fill the fire fighter's self-contained breathing apparatus air bottles
with purified air used in fighting fires and entering into contaminated atmospheres unsuitable for
life. There were three competitive bids received. Hoyt Breathing Air Products was the low
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bidder in the amount of$36,883.00, less $4,000.00 trade-in for the old unit, $32,883.00. The new
unit will replace the current unit which was purchased in 1995.
CONSIDER APPROVAL OF BID #07-06, FIRE DEPARTMENT PROTECTIVE CLOTHING:
Fire Department protective clothing was placed for competitive bidding with three vendors
submitting proposals. The proposals were for 15 full sets of protective clothing consisting of
pants, coats and suspenders. The three bids are as follows: Lion Apparel, $28,046.25;
NAFECO, $27,472.50; Tactical Gear Now, $26,108.40. Although Tactical Gear Now was
$1,364.10 lower than NAFECO, the Fire Department recommends that NAFECO be awarded the
bid. NAFECO met the specifications and Tactical Gear Now made exceptions to the
specifications. In addition, in an informal wear test the fire fighters preferred the product offered
by NAFECO because of the comfort level and safety features offered by the NAFECO product.
CONSIDER CITY MANAGER TO SIGN AIR MONITORING AGREEMENT WITH TCEQ:
The Texas Commission on Environmental Quality (TCEQ) requested to locate and operate a
continuous air monitoring station located at the Northwest Highway water tower by a signed
agreement by the City Manager as part of the Department of Homeland Security Bio Watch
program. The function of the Bio Watch Program is to detect the release of bio-pathogens into
the air, providing warning to the government and public health community of a potential bio-
terror event. The site will be located at the rear of the water tower. TCEQ will pour a 10' X 10'
concrete pad and enclose the site with a decorative vinyl chain link cage for security purposes.
TCEQ will also supply electricity to the air monitoring equipment by having a separate electric
meter installed at the site. There is no cost to the City for the installation of the equipment or
responsibility to monitor the site.
CONSIDER CITY MANAGER TO SIGN TEXAS DEPARTMENT OF PUBLIC SAFETY
MEMORANDUM OF UNDERSTANDING FOR THE USE OF STATE INTEROPERABLE
RADIO FREQUENCIES: The North Central Texas Council of Governments is requesting all
cities to sign a Memorandum of Understanding with the Texas Department of Public Safety to
utilize the state-licensed interoperability of mutual-aid radio channels when used by: local
government jurisdictions and their associated emergency response agencies; Federal agencies
located in Texas and associated emergency response agencies; and private emergency responders
who are licensed and eligible to operate on FCC Designated Public Safety Frequencies. The
Texas of Department of Public Safety holds the FCC licenses for the interoperability channels.
The City of University Park Police and Fire Departments are part of the interoperability network
therefore the City Manager signing the Memorandum of Understanding (MOU) allows the
departments to operate under the FCC license during emergency conditions.
CONSIDER PARK CITIES BAPTIST CHURCH REQUEST TO USE CITY STREETS FOR
5K RUN: Park Cities Baptist Church has requested permission to use city streets for the purpose
of holding a 5K run to be held on Saturday, October 6, 2007. The purpose of the run is to
familiarize the community about the Church and to help raise funds for family ministries
benefiting the Vickery community of Dallas. The run will begin at 8:30 a.m. and end at
approximately 10:30 a.m. There will be an estimated 200 to 300 runners.
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CONSIDER RESERVATION REQUEST FROM THE P ARK CITIES PRESBYTERIAN
CHURCH: The Park Cities Presbyterian Church has requested to reserve Curtis Park for a
picnic event on September 30, 2007 from 3:00 p.m. until 7:00 p.m. The Church anticipates 450
participants to be in attendance. Staff has worked with this group in the past and to date has had
no problems. Staff recommends that The Park Cities Presbyterian Church pay a Park Usage Fee
of $500.00, plus a refundable $250.00 security deposit. Deposit must be received two (2) weeks
prior to the event. All trash must be consolidated for pick-up at an agreed location.
CONSIDER ORDINANCE FOR NEWSRACK REGULATIONS AT YMCA: In May 2005, the
City passed Ordinance 05/12 regulating the type and location of newsracks throughout Snider
Plaza. Subsequently, the City installed modular newsracks in seven locations throughout Snider
Plaza. The program was later expanded to include three additional locations along Hillcrest,
south of Daniel. During the May 22, 2007 City Council meeting, the Council authorized staff to
purchase modular newsracks for the YMCA location. The ordinance prohibits the use of
independent newsracks in the area adjacent to the YMCA at 6000 Preston.
ORDINANCE NO. 07/22
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4
OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.1205 "LOCATION AND
PLACEMENT OF NEWS RACKS" TO ADD SUBSECTION M PROHIBITING NEWS RACKS
IN THE YMCA AREA EXCEPT CITY NEWS RACKS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALING 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 RESOLUTION RESENDING RESOLUTION 07-10 APPROVING AN
EXEMPTION FROM THE BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION
CODE: At the May 1, 2007 meeting, the City Council passed Resolution 07-10 approving an
exception from the bilingual requirements of the Texas Election Code, Chapter 272, Bilingual
Requirements, Section 272.003[0], as the official census information for the City of University
Park indicates that persons of Spanish origin or descent comprise less than five percent (5%) of
the city's precinct inhabitants. In May, a letter was sent to the Department of Justice to officially
apply for the exemption. In July, staff was informed that the Department had reviewed the
City's request, and that Federal Law does not provide for such an exemption, even though Texas
State Law does. Since the Department of Justice is not approving exemptions from the bilingual
requirements because Federal Law does not provide for such an exemption, staff recommended
resending Resolution 07-10 and submission of a withdraw letter to the Department of Justice.
RESOLUTION NO. 07-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,
TEXAS, REPEALING RESOLUTION 07-10 APPROVING EXEMPTION FROM THE
BILINGUAL REQUIREMENTS OF THE TEXAS ELECTION CODE FOR PRECINCTS OR
PARTS OF PRECINCTS WHOLLY WITHIN THE CITY OF UNIVERSITY PARK; AND
PROVIDING AN EFFECTIVE DATE.
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CONSIDER ORDINANCE ABANDONING WATER LINE EASEMENT IN THE 3600 AND
3700 BLOCKS OF VILLANOVA: In 1952, W.W. Caruth and SMU dedicated a 15-foot wide
water line easement to the Dallas County Preston Road Fresh Water Supply District No.1 O.
This easement runs through the middle of the properties on the north side of Villanova
approximately between Thackery and Baltimore. The Water Supply District No. 10 is no longer
in existence and we are not aware of any existing entities that have taken possession of the
District's infrastructure. The City is not aware of an active water line within this easement.
Staff recommended approval of the ordinance abandoning any rights the City Of University Park
might have to the water line easement dedicated to the Dallas County Preston Road Fresh Water
Supply District No.1 0 to the abutting property owners.
ORDINANCE NO. 07/23
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A 15
FOOT EASEMENT OR RIGHT-OF-WAY FORA WATERLINE, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", TO THE ABUTTING OWNERS; 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.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For July 3, 2007.
MAIN AGENDA
PUBLIC HEARING: CONSIDER AMENDING THE COMPRI~HENSIVE ZONING
ORDINANCE BY AMENDING SECTION 40 TO PROVIDE A NEW DEFINITION OF
FAMIL Y; AMENDING SECTION 22-101 (2) (A) TO PROVIDE FOR A MAXIMUM
HEIGHT OF BUILDINGS IN MUL TIPLE-F AMIL Y DWELLING DISTRICTS; AMENDING
SECTION 21-101 (B) TO PROVIDE A NEW MAXIMUM TOP PLATE LINE HEIGHT IN
MUL TIPLE-F AMIL Y DWELLING DISTRICTS: Mr. Dan SetK.o addressed the City Council
on June 5, 2007 on issues relating to the definition of Family, maximum building height and
maximum plate line heights in the multi-family districts. City Council provided direction for
staff to proceed to amend the Zoning ordinance. The proposed ordinance deals with three
separate issues. 1) The current definition of Family provides that any number of individuals living
together as a single house keeping unit, in which not more than two individuals are unrelated by
blood marriage or adoption. The proposed ordinance amendment will change the definition so that
"not more than three (3) individuals are unrelated by blood, marriage, or adoption". 2) The current
ordinance provides for a maximum building height of 35 feet in multi-family dwelling districts. In
an effort to promote parking below grade, the proposed ordinance will increase the maximum
building height to 37 feet. 3) The current ordinance provides for a maximum plate line height of
23'4" for lot widths less than 70' and 25'4" for lot widths 70'or greater. In an effort to enhance the
design of buildings and promote parking below grade, the proposed ordinance will increase the
maximum plate line heights by 5 feet. The Planning and Zoning Commission held a public
hearing and considered the proposed ordinance on July 16, 2007, and forwarded the following
recommendations: 1) Amend the definition of Family: P&Z voted 3-2 to deny the proposed
amendment to change the definition of "Family" from two to three unrelated individuals. The
comment was made that the current definition to include "not more than two individuals
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unrelated by blood, marriage or adoption" should remain in the single family districts but may be
changed as it relates to multi-family districts. 2) Amend the maximum building height in the
MF districts: P&Z voted 5 - 0 to recommend approval. 3) Amend the maximum plate line
heights: P&Z voted 5 - 0 to recommend approval. Mr. San SetK.o made a presentation regarding
his recommendations. Prior to opening the Public Hearing, Mayor Holmes stated that in the
Council Meeting pre-session, the Council discussed this item and would like to send the portion
of the ordinance with respect to the definition of Family, back to the Planning and Zoning
Commission for further review. Mayor Holmes opened the Public Hearing and stated that the
definition of Family would not be addressed at this time. Mr. Don Gale, 3712 Binkely, spoke in
favor of the Ordinance stating that it was a good compromise and would allow a better bedroom
on the third floor. Mr. Frank McIntyre, 3439 Westminster, spoke in support of the amendments.
Mr. Michael Corman, 3100 Milton, spoke in opposition to changing the definition of Family and
stated there was no parking for the people who currently live there. Mayor Holmes noted that
this portion of the ordinance was going back to P&Z and that Community Development Manager
Harry Persaud would notify him when that meeting would take place. A Citizen spoke in favor
of strict enforcement of the current definition of Family and requested that the City enforce
retroactive to June 1. He also asked the City Council if the new plate-line and height standards
would be effective for all new developments, or only those with underground parking.
Community Development Manager Harry Persaud indicated that distinction was not indicated in
the ordinance as currently proposed but could be added. After some discussion, the Council
agreed that if the new plate-line and height standards were used, underground parking must be
provided. If underground parking was not provided, the existing standards would be used. Mr.
Richard Wards, a resident living on Westminster, indicated that 3 students had moved into a
single-family home on this street and that he was in support of the existing definition of family.
Ms. Lillian Sills, 3228 Westminster, and Kitty Holleman, 3939 Marquette, spoke in opposition to
changing the definition of Family. Mayor Holmes closed the Public Hearing. Mr. Mike Haynes,
4024 Marquette, spoke in opposition to changing the current definition of Family and increasing
occupancy standards. He stated that more than two (2) unrelated individuals living together is a
problem all over the Park Cities, not only adjacent to SMU.
CONSIDER ORDINANCE TO AMEND THE COMPREHENSIVE ZONING ORDINANCE
BY AMENDING SECTION 40 TO PROVIDE A NEW DEFINITION OF FAMILY;
AMENDING SECTION 22-101 (2) (A) TO PROVIDE FOR A MAXIMUM HEIGHT OF
BUILDINGS IN MULTIPLE-FAMILY DWELLING DISTRICTS; AMENDING SECTION 21-
101 (B) TO PROVIDE A NEW MAXIMUM TOP PLATE LINE HEIGHT IN MULTIPLE-
FAMIL Y DWELLING DISTRICTS: Mayor Pro-Tempore Shawver moved approval of the
following sections of the ordinance: (a) provide for a maximum height of buildings in multiple-
family dwelling districts; amending section 21-10 1 (b) to provide a new maximum top plate line
height in multiple-family dwelling districts, including an amendment to only apply the new
standards where underground parking is provided. Councilmember Grable seconded, and the
vote was unanimous to approve the ordinance to (a) provide for a maximum height of buildings
in multiple-family dwelling districts; amending section 21-101 (b) to provide a new maximum
top plate line height in multiple-family dwelling districts and including the amendment.
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ORDINANCE NO. 07-24
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 (2) (a) TO PROVIDE FOR A
MAXIMUM HEIGHT OF BUILDINGS IN MUL TIPLE-F AMIL Y DWELLING DISTRICTS
THAT PROVIDE UNDERGROUND PARKING; AMENDING SECTION 21-101 (b) TO
PROVIDE A NEW MAXIMUM TOP PLATE LINE HEIGHT IN MULTIPLE-FAMILY
DWELLING DISTRICTS THAT PROVIDE UNDERGROUND PARKING; 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: CONSIDERA TION OF AN ORDINANCE APPROVING AN
AMENDED DETAILED SITE PLAN FOR PROPERTY LOCATED AT 4301 LOVERS
LANE: A request was filed by Century Bank for approval of an amended detailed site plan for
a proposed banking facility with drive thru lanes located at 4301 Lovers Lane and situated in
Planned Development District "PD-2-R". Planned Development District "PD-2-R' allows for all
uses permitted in the General Retail "GR" Zoning District classification in accordance with the
Comprehensive Zoning Ordinance. "Drive-in facilities for a bank or savings and loan" is a
permitted use in the General Retail district. The subject site measures 120.5 ft by 100 ft and it is
situated on the Southwest Corner of Lovers Lane and Douglas Avenue. Century Bank is
proposing to demolish the existing building now used by Gordo' s Restaurant and to erect a new
3,051 sq. ft. building with drive-thru lanes. A traffic impact analysis conducted by the
applicants show minimal impacts to the current traffic operating levels of service. The Planning
and Zoning Commission held a public hearing and considered the amended detailed site plan at
its regular meeting on July 16,2007, and voted 5 - 0 to recommend approval. Mayor Holmes
opened the Public Hearing. Mr. Rod Kelly, representing Century Bank presented the site plan.
Mayor Holmes stated there was some concern about the queing from the drive-thru on Lovers
Lane. Mr. Kelly indicated that the traffic impact analysis study indicated this would not be a
problem. Mayor Holmes closed the Public Hearing.
CONSIDER ORDINANCE APPROVING AN AMENDED DETAILED SITE PLAN FOR
PROPERTY LOCATED AT 4301 LOVERS LANE: Councilmember Grable moved approval of
the ordinance approving an amended detailed site plan for the property located at 4301 Lovers
Lane. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance
approving an amended detailed site plan for the property located at 4301 Lovers Lane.
ORDINANCE NO. 07/25
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 A PORTION OF PLANNED DEVELOPMENT
DISTRICT NO. 2-R FOR THE PROPERTY DESCRIBED AS THE EASTERN 35 FEET OF LOT
16, AND ALL OF LOT 17, BLOCK 19, OF THE HIGHLAND PARK HIGH SCHOOL
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ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY,
TEXAS, AND MORE COMMONLY KNOWN AS 4301 LOVERS LANE; 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 APPROVAL OF ORDINANCE AUTHORIZING RESIDENTS OF GREENWAY
P ARK THE SAME USAGE RIGHTS OF RESIDENTS OF UNIVERSITY PARK: The City of
University Park purchased Germany Park from the Greenway Park Home Owners Association
for $118,151 in 1973. A letter from Dick P . Wood indicated that the City would agree to a
condition in the deed that would allow residents of Greenway Park to use the park and its
facilities, however, the condition was not included. Mr. Joe Kern approached the City Manager
to see if this could be corrected. Staff reviewed the letter with the City Attorney, and it was
determined that the only thing a resident of Greenway Park could not do was reserve a tennis
court in the Park. Germany Park is a public park and because of this, all of its facilities are open
to the public. The ordinance amends the City Code to allow Greenway Park homeowners to
obtain tennis court permits for Germany Park. Mayor Holmes moved approval of the ordinance
authorizing residents of Greenway Park the same usage rights of residents of University Park.
Councilmember Grable seconded, and the vote was unanimous to approve the ordinance
authorizing residents of Greenway Park the same usage rights of residents of University Park.
ORDINANCE NO. 07/26
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE
OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING SECTION
13.204 TO PERMIT ISSUANCE OF TENNIS PERMITS TO RESIDENTS OF GREENWAY
P ARKS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
CONSIDER PROPOSAL FROM C-P ENGINEERING TO PROVIDE ENGINEERING
SERVICES ASSOCIATED WITH THE DESIGN OF AN EMERGENCY WATER SUPPLY
LINE (CAPITAL PROJECT NO. 49000): As a project ancillary to the reconstruction of the
Germany Park Booster Pumping Station, staff solicited a proposal from C-P Engineering to
provide engineering services for the design of an emergency water main. The proposed 24" main
would connect to the Dallas Water Utilities (DWU) 36" main in Mockingbird Lane and run north
along Roland Gust east of the tollway wall) to the south end of Germany Park, where it would
intersect with the supply main from Dallas County Park Cities Municipal Utilities District
(MUD). The intersection of water mains is located immediately west of the site for the new
pumping station. The purpose of the emergency main is to supply University Park with water if
the MUD is not able to do so. The new booster pumping station is designed to take water from
either source. The C&P proposal in the amount of $89,290 provides all engineering and
surveying services necessary to develop construction drawings, specifications, and contract
documents for the project. Mayor Pro-Tempore moved approval of the contract with C&P
Engineering in the amount of $89,290, adding an amendment to paragraph 6.3 that the city has
full control over the scope of services to be rendered, but not the details of the work.
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Councilmember Carter seconded, and the vote was unanimous to approve the contract with C&P
Engineering, including the amendment to the contract.
REPORT PUBLIC COMMENTS ON WATER QUALITY CONSUMER CONFIDENCE: Each
year, municipal water providers are required to mail Consumer Confidence Reports (CCR) to
every residence within the community detailing contaminant levels in the potable water system.
The City meets and/or exceeds all regulatory standards for contaminant levels revealed through
water testing samples in 2006. State regulations also require the water provider to offer residents
an opportunity to ask questions in open forum regarding the CCR. During the July 3rd, City
Council meeting, there were no public comments made. Since the July 1 th City Council
meeting was cancelled, this date serves as the final opportunity to provide input during a City
Council meeting. There were no residents present who wished to speak on the report.
CONSIDER ORDINANCE ESTABLISHING NO PARKING ON EITHER SIDE OF THE
STREET ON LOVERS LANE FROM HILLCREST TO BOEDEKER: Pursuant to the action
taken by the City Council to install a continuous left-turn lane along Lovers Lane, east from
Hillcrest to Boedeker, the ordinance provides for a no parking designation along both north and
south curb lines along those same limits. Staff has also contacted the City of Dallas with a
request to receive their concurrence on the installation of a continuous left-turn lane and request
no parking east of Boedeker to Willard. The matter is still under review with the City of Dallas.
Councilmember Grable moved approval of the ordinance establishing no parking on either side
of the street on Lovers Lane from Hillcrest to Boedeker. Mayor Pro-Tempore Shawver
seconded, and the vote was unanimous to approve the ordinance establishing no parking on
either side of the street on Lovers Lane from Hillcrest to Boedeker.
ORDINANCE NO. 07/27
AN ORDINANCE OF THE CITY OF UNIVERSITY P ARK, TEXAS, PROHIBITING
P ARKING AT ANY TIME ON BOTH SIDES OF LOVERS LANE FROM ITS INTERSECTION
WITH BOEDEKER TO ITS INTERSECTION WITH HILLCREST; 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.
CONSIDER REVIEW STATUS OF GERMANY PARK BOOSTER PUMPING STATION
(CAPITAL PROJECT NO. 48410): For the past six months staff has been working with the
architectural advisory committee appointed by Council to make recommendations on aesthetic
issues associated with the Germany Park Booster Pumping Station. Two of the three committee
members attended a recent meeting and expressed complete satisfaction with the process and the
results. Ms. Bell, who was not able to attend the meeting, sent some questions, which were
addressed at the meeting. Councilmember Carter moved approval to proceed with final design
of the booster pump station and landscape and park improvement plans. Councilmember Grable
seconded, and the vote was unanimous to proceed with final design of the booster pump station
and landscape and park improvement plans.
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CONSIDER ORDINANCE EXTENDING EXISTING ELECTRIC FRANCHISE: The City's
franchise agreement with Oncor Electric Delivery (Ordinance No. 77/322, approved October 10,
1977) expired July 19, 2007. City staff and Oncor representatives have begun discussing a new
franchise agreement, which will include input from the City's Public Utilities Advisory
Committee. Both City staff and Oncor officials agree on the prudence of continuing to abide by
the existing ordinance. Staff hopes to conclude the renewal process by the end of 2007 and the
extension would remain in effect until a new agreement is reached. Councilmember Shawver
moved approval of the ordinance extending the existing electric franchise. Councilmember
Carter seconded, and the vote was unanimous to approve the ordinance extending the existing
electric franchise.
ORDINANCE NO. 07/28
AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 77/322, AS AMENDED
BY ORDINANCE NO. 02/22, OF THE CITY COUNCIL OF UNIVERSITY PARK,
GRANTING A FRANCHISE TO ONCOR ELECTRIC DELIVERY COMPANY, A
SUCCESSOR IN INTEREST TO TXU ELECTRIC DELIVERY; AND PROVIDING AN
EFFECTIVE DATE
CONSIDER ORDINANCE AMENDING FY2007 BUDGET: The proposed ordinance would
amend the FY2007 General Fund revenue and expenditure budgets for a variety of special items.
This is the third amendment to the FY2007 budget. The proposed budget amendment will
reduce the General Fund unreserved fund balance by $4,711,721. The projected FY2007 ending
fund balance of $8 million is still well above the 2 Y2 month minimum fund balance requirement
of $4.03 million. Councilmember Grable moved approval of the ordinance amending the
FY2007 Budget. Councilmember Carter seconded, and the vote was unanimous to approve the
ordinance amending the FY2007 Budget.
ORDINANCE NO. 07/29
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
2006-2007 FISCAL YEAR BUDGET, ORDINANCE NO. 06-27, TO APPROPRIATE
$4,711,721 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY
INCREASING REVENUES $6,489 AND BY INCREASING EXPENDITURES $4,718,210;
AND PROVIDING AN EFFECTIVE DATE.
CONSIDER BUDGET TRANSMITTAL AND SCHEDULING OF PUBLIC HEARINGS:
BACKGROUND/DISCUSSION: Texas statutes require that cities provide notice and hold
public hearings before adopting an annual budget and property tax rate. State law requires that a
budget hearing be held no sooner than 15 days after the proposed budget is filed with the
municipal clerk. Using August 7 as the filing date, a hearing August 28 meets this requirement.
A second budget hearing is scheduled for the September 4 Council meeting; and a third hearing
will occur at the September 18 meeting, when the Council acts upon the proposed budget and tax
rate. The property tax is the General Fund's primary source of revenue. The certified tax roll
rose 17.71% in market value and 13.33% in taxable value compared to last year. The average
single-family home in University has a market value of $1,064,621 and a taxable value of
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$811,928. Cities proposing an effective tax increase greater than the prior year must hold two
separate public hearings about the tax rate. The City Council should schedule public hearings on
the property tax rate for August 28 and September 4, 2007. Mayor Holmes moved to schedule
the budget and property tax rate hearings for August 28 and September 4, 2007. Mayor Pro-
Tempore seconded, and the vote was unanimous to schedule the budget and property tax rate
hearings for August 28 and September 4,2007.
ITEMS FROM THE FLOOR
Ms. Mary Graves, 6716 Hursey, addressed the Council on the occupancy standards and SMU
student situation. She proposed two items. 1) Create a liaison to work with SMU and 2)
Consider working more with law enforcement. Mayor Holmes thanked her for her suggestions.
There being no further business, the meeting was adjourned.
PASSED AND APPROVED this 28s1 day of August 2007.
ATTEST:
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