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HomeMy WebLinkAboutMn 08-07-07 202 MINUTES #2715 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 203 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. 204 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. 205 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 206 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. 207 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 208 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. 209 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. 210 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 211 $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: Katf!:g