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HomeMy WebLinkAboutAgenda 10-20-04 Names Tabs.doc AGENDA #2424 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, OCTOBER 20, 2004 AT 7:30AM II. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. CONSENT AGENDA CONSIDER: Approval of City Council Meeting Minutes for October 5, 2004 - Wilson Tab I III. MAIN AGENDA B. C. D. E. F. G. I. J. K. PUBLIC HEARING: Regarding parking amendments for Southern Methodist University Campus District McLaurin Tab II CONSIDER: Ordinance regarding parking requirements for SMU in University Campus Districts McLaurin Tab II CONSIDER: Ordinance adding Subsection (4), Ford Stadium, SMU, to Section 14-206, Additional Regulations McLaurin Tab II CONSIDER: Purchase of CodeRed Notification System Contract Ledbetter Tab III DISCUSS: UDADAC's recommendations regarding architectural design of Northwest Highway Screening Wall Smallwood Tab IV DISCUSS: Pilot Program for newspaper racks in Snider Plaza McLaurin Tab V CONSIDER: Bid and Award of contract to SYB Construction Company for water, sanitary and storm sewer improvements, alley and street paving in the area north of Hillcrest and Southwestern, Project No. 46310 Smallwood Tab VI CONSIDER: Ordinance abandoning certain street right-of-way adjacent to 7064 Turtle Creek Lane Smallwood Tab VII CONSIDER: ZOAC recommendation and request for rezoning of duplex zoning districts McLaurin Tab VIII CONSIDER: Extension of deadline for Kenneth Crozier, 4305 Greenbrier McLaurin Tab IX DISCUSS: Request to put name of advisory committee members on the City website Criswell Tab X MINUTES #2423 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, OCTOBER 5, 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, Kelly Walker and Harry Shawver. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. BOY SCOUTS Several Boy Scouts were in attendance: Sam Grinnan, 7802 Stanford; Jeff Guittard, 3536 Wentwood; Walt Pospick, 2732 Purdue; Bill Smylie, 2804 Rosedale; Richard Keith Umphress, 4037 Stanford; Brett Watson, 7056 Turtle Creek Lane and Blake Williams, 3553 Centenary. They introduced themselves, giving their troop number and the badge upon which they were working. AWARDS & RECOGNITION EMPLOYEE RECOGNITION AWARD: On September 22, 2004, while performing his routine duties, Mr. Ramirez found a large sum of cash. After informing his immediate supervisor, he proceeded to City Hall to report the matter to the Police Department and turn in the money. Mr. Ramirez exhibited honesty and integrity by turning the money into the Police Department. Director of Public Works Bud Smallwood announced the award and Councilmember Kelly Walker presented Mr. Ramirez with a certificate and check. ITEMS FROM THE FLOOR Mr. Kenneth Crozier, 4305 Greenbrier, addressed the council regarding the progress he has made in clearing out the back part of his property. He requested an extension of time to complete the project. His request will be addressed on a future agenda. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Shawver seconded, and the vote was unanimous to approve the following: CONSENT AGENDA PROCLAMATION FOR BIBLE WEEK NOVEMBER 21-28, 2004: For 64 years, people of many faiths have banded together with the National Bible Association to sponsor National Bible Week to encourage reading of the Bible. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For September 22, 2004. MAIN AGENDA CONSIDER REQUEST FROM WATERMARK CHURCH TO RESERVE CURTIS PARK FROM 9:00A.M. TO 2:00P.M., OCTOBER 31, 2004: The church will use Curtis Park for a picnic with approximately 700 participants in attendance. The criteria for rental of the park by the church will be: to pay a fee of $500.00 plus a refundable $250.00 security deposit; rent at least two additional porta-cans; refrain from using any public address system or any amplified music prior to 10:00 a.m.; all trash must be carried off the park site. Councilmember Carter moved acceptance of the request. Councilmember Walker seconded, and the vote was unanimous to approve the request from Watermark Church with the above-mentioned criteria. CONSIDER REQUEST FROM MAD FOR PLAID TO ALLOW PLACEMENT OF SIGNAGE ON NEW RESIDENTIAL CONSTRUCTION SITES IF THE BUILDER HAS MADE A CONTRIBUTION TO THE FUNDRAISING CAMPAIGN: Ms. Tanya Mendenhall, 3113 Purdue, a chairperson for Mad For Plaid, addressed the Council with a request to amend the sign ordinance to allow for the placement of signage on new residential construction sites if the builder has made a contribution to the campaign. There would be a time limit of approximately the middle of October 2004 to January 27, 2005. Mayor Holmes moved approval of the request to allow signage on new residential construction sites. Mayor Pro Tem Roberts seconded, and the vote was 4 to 0 in favor of amending the sign ordinance with Councilmember Syd Carter recusing himself. CONSIDER REQUEST TO ABANDON STREET RIGHT-OF-WAY ADJACENT TO 7064 TURTLE CREEK LANE: A survey conducted during the recent property purchase identified some of the street right-of-way that had been fenced in for years. Due to the manner in which the two subdivisions (north and south of Lovers Lane) were platted, there is a remnant adjacent to the subject property. If the sale is authorized, the right-of-way would then be the same width as the rest of Lovers Lane, east of Preston. No utilities will be impacted. Councilmember Shawver moved approval of the request. Councilmember Walker seconded, and the vote was unanimous to abandon the street right-of-way adjacent to 7064 Turtle Creek Lane. CONSIDER PROPOSAL FROM R. L. GOODSON FOR A CIVIL ENGINEERING DESIGN ASSOCIATED WITH NORTHWEST HIGHWAY: Dedication deeds for the right-of-way for construction of the Northwest Parkway screening wall and street relocation have been received from all property owners and placed in escrow accounts until the City has approved a construction contract for the wall. The city is now ready to proceed. Proposals from R. L. Goodson for the civil and structural engineering are in the amount of $89,500. Mayor Pro Tem Roberts moved approval of the proposal with the exclusion of the Limit of Liability clause. Mayor Holmes seconded, and the vote was unanimous to approve the proposal with R. L. Goodson. CONSIDER PROPOSAL FROM GG©Architects FOR DESIGN OF NORTHWEST HIGHWAY WALL: The architectural proposal from GG©Architects totals $31,890. Councilmember Walker moved approval of the design for the Northwest Highway Wall. Councilmember Carter seconded, and the vote was unanimous to approve the proposal from GGOArchitects. CONSIDER ORDINANCE FOR NO PARKING ON THE EAST SIDE OF DUBLIN FROM BINKLEY, NORTH TO THE ALLEY: A request was made for a 4-way stop at the intersection of Binkley and Dublin. However, the traffic consultant recommended a No Parking Anytime sign be installed due to a sight-distance obstruction created by vehicles parked along the east curb, north of the intersection. Mayor Pro Tem Roberts moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve No Parking Anytime on the east side of Dublin from Binkley, north to the alley. ORDINANCE NO. 04/30 AN ORDiNANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF DUBLIN FROM THE POINT OF ITS INTERSECTION WITH BINKLEY TO THE ALLEY NORTH OF SUCH INTERSECTION; 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 PROGRAM FOR HOLIDAY BANNERS, PHASE ONE, SNIDER PLAZA: The goal of the program is to bring seasonal color to key street intersections and municipally-maintained facilities throughout the City by utilizing colorful holiday banners attached to light poles for display. As a pilot program, decorative holiday banners on approximately 36 light poles at Snider Plaza will be installed. The banners are 20" wide by 36" long and are made of vinyl with image printing on both sides of each banner. Park staff will install the holiday banners after the Thanksgiving holiday and remove the banners after the New Year holiday. The Park Advisory Board unanimously supported the projects in the amount of $4,500.00. Councilmember Shawver moved approval of the program. Councilmember Walker seconded, and the vote was unanimous to approve Phase One of the holiday banner program. CONSIDER CONTRACT WITH THE OLDANI GROUP IN THE AMOUNT OF $17,500 PLUS ESTIMATED EXPENSES OF $8,500 TO CONDUCT A RECRUITMENT FOR DEPUTY FIRE CHIEF: A search performed by The Oldani Group was recommended for the following reasons: The Oldani Group conducted the search for the City's Police Chief and The Oldani Group currently has over 15 on-going searches for Fire Chiefs. As such, the firm has access to a large number of high-level fire service candidates nationwide who are currently looking for advancement. Councilmember Carter moved approval of the contract. Mayor Pro Tem Roberts seconded, and the vote was unanimous to engage The Oldani Group for recruitment of a Deputy Fire Chief. DISCUSS CHANGING THE WEDNESDAY, NOVEMBER 17, 2004 CITY COUNCIL MEETING TO TUESDAY, NOVEMBER 16, 2004, 7:30 A.M.: Mayor Holmes moved the City Council meeting be changed to Tuesday, November 16, 2004 due to his absence from the City. Mayor Pro Tem Roberts seconded, and the vote was unanimous to change the November City Council meeting date. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 20th day of October 2004. ATTEST: James H. Holmes III, Mayor Nina Wilson, City Secretary DATE: TO: FROM: SUBJECT: AGENDA MEMO (10/20/04 AGENDA) October 14, 2004 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Amendment of Zoning Ordinance - SMU Parking Requirements BACKGROUND: As a result of the construction of Ford Stadium, as well as additional parking structures on the SMU campus, the regulations found in the Zoning Ordinance regarding on-campus parking (Sec. 24-500) must be amended to appropriately address the conditions that currently exist. Staff requested assistance from University officials in attempting to also provide restrictions that would address future construction and planning as well. The proposed amendments include a "credit" for students, stafl] or faculty that have the ability to use mass transit as provided by DART. The amendment continues the current practice of requiring a set minimum of parking spaces based on the "population" of the campus, with the need for additional spaces for any increase in that population. New construction on the campus would be required to provide additional parking only if that construction will result in an increase in campus population. In addition to the parking regulations, Section 14-206 of the Zoning Ordinance is also being created to better define the approved activities at Ford Stadium. This new section mirrors the previous requirements of Ownby Stadium, but allows for the stadium to be used for high school football two (2) days out of the academic year, in addition to high school football playoff games. This will allow for the continued use of the stadium for the Tom Landry Classic high school football event at Ford Stadium. The amendment of both of these sections of the Zoning Ordinance were approved at the September 20, 2004 Planning & Zoning Commission meeting (PZ 04-17). PUBLIC NOTICE: Notice for Public Hearing was advertised in the Park Cities People on the following dates: · For P&Z - 5/27/04 · For Council - 9/30/04 RECOMMENDATION: Staff recommends approval of the adopting ordinance, implementing the new parking requirements for the SMU Campus. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 14-206 ADDITIONAL REGULATIONS (4) Ford Stadium (a) Pem~ilted uses: · Collegiate activities sponsored and approved by Southern Methodist University. · IIigh school football play-offgames. · I ligh school football games other thanplay-offgames shall be limited to two days per academic year with no more than txvo games played per day. As used herein, "day" shall include the night. · Football and soccer youth league events. · Any event for which no admission is charged and for which fewer than five hundred (500) spectators will be admitted. (b) Uses not permitted: · Any event the primary purpose of which is to provide musical entertainment over an electronically amplified speaker system. NUMBER OF STUDENTS RESIDING WITHIN THE 75206 POSTAL ZIP CODE The Division of Enrollment Services provided the below information with regard to students who reside within the 75206 postal zip code area. The 75206 postal zip code is for the area between U.S. 75 and Skillmaa from Northwest Highway south to Ross Avenue. There are two main addresses to consider, HOME (or permanent) and MAIL (or local). There are 568 students with a HOME address in postal code 75206. There are 735 students with a MAIL address in postal code 75206. If you take all address types and eliminate duplicates, you get a total of 862 students with at least one address type in 75206. Dallas, Tx. 75206 008 ~, 0'93 094 092 ~ f092 ogs ~ 097 098 9 ~ 099 101 ~ 102 103 %-L7 -q ~o7 11o 110 SMU MUSTANG EXPRESS SHUTTLE ROUTE OF OPERATION The SMU Mustang Express shuttle operates primarily within the 75206 postal zip code area with service provided at two DART rail stations~ Mockingbird and Lovers Lane. TheSMU Mustang Express shuttle operates Monday through Friday yoar round. L()VERS LANE & AMFSBURY l.()\.'l]~N 1,:\NI,. S'I'A'[ION M()CKIN(,I}iRI} S '( r 1AIl ..>N SMU BISIIOP MUSTANG EXPRESS ROUTING CENIRAI MARKEr I.Ok~RSIN. TOM TllUMB ,569 .JASON & UNIVERSIIY MOCKINGBIRD SMU MUSTANG EXPRESS RIDER SHIP Between August 2003 and July 2004 the SMU Mustang Express shuttle had 71,577 passengers, an increase of 13,626 passengers over the previous year. The SMU Mustang Express shuttle provided continuations operation during the summer month for the first time this year. In previous years, the shuttle only operated during the academic year. Assuming the 71,577 passengers transported last year utilized the SMU Mustang Express shuttle for round trip service, a total trip reduction of 35,788 has occurred durin9 this period. On average, use of theSMU Mustang Express eliminated 2,982 individual round trips to our main campus per month or about 745 round-trips per week. Mustang Express Rider Ship 2004-05 2003-04 Total Variance Total Variance August 8283 +5223 August 3060 -263 September September 8052 -616 October October 8436 -843 November November 6722 -302 December December 4816 +905 January January 6404 +87 February February 7483 +2881 March March 5913 -73 April April 9202 +2814 May May 3682 +1531 June June 5586 +5586 July July 2221 +2221 Total Rider Ship 8283 +5223 Total Rider Ship 71577 +13626 2002-03 2001-02 Total Variance Total August 3323 -304 August 3627 September 8668 +2017 September 6651 October 9279 +1728 October 7551 November 7024 +584 November 6440 December 39t I +520 December 3391 January 6317 +644 January 5673 February 4602 +251 February 4351 March 5986 +1374 March 4612 April 6388 +1751 April 4637 May 2151 -349 May 2500 Total Rider Ship 57649 +8565 Total Rider Ship 49433 SMU DART TRANSIT PASSES SMU provides DART Transit Passes to eligible employees and all currently enrolled students. The SMU DART Transit Pass allows unlimited access to buses and trains throughout the DART service area transit system. Between January 1st and September 1st, 2004 SMU has issued 779 Faculty/Staff, 1,582 Student and 104 Service provider SMU DART Transit Passes. A total of 2,465 SMU Dart Transit passes have been issued year to date. SMU/DART Transit Pass Totals [ T1 /2003 l~aculb~/Staff Transit Pas:es Issued Student Transit Passes lssucd Service Provider Transit Passes Issued 1,044 1,940 196 Total 2003 Transit Passes Issued 3,180 Faculty/Staff Transit Passes Issued Student Transit Passes Issued Service Provider Transit Passes Issued 779 ,582 104 Total 2004 Transit Passes Issued 2,465 TOTAl. PASSES ISSUED TO DATE 5,647 NOTE: The 2002-2003 information includes all transit passes issued from September 2002 through December 2003. 2004 information includes all transit passes issued from January I through September 1, 2004. Current Wording Proposed Wording 24-500 Parking Requirements in UC-1 and UC-2 (1) The following population numbers are to be full-time equivalents (FTE) as defined by Southern Methodist University. The University shall be required to provide and maintain .5 parking spaces per each person of the larger of the daytimc or the evening population of the University. If either the University daytime or evening population increases to more than 9,770, thc University shall be required to provide new parking spaces in the proportion of .5 parking spaces for each additional person over 9,770. If either of these populations decrease, the University shall be required to maintain at least 5,179 total spaces. To verify that there are 5,179 parking spaces on the campus, the University shall submit annually a map of the UC-1 and the UC-2 Districts indicating the total number of spaces for each parking area. Accompanying the map shall be a summary of the spaces with locations specified and a summary of the annual maximum evening and daytime populations of the University for the immediately preceding year. The map and summaries shall be filed and registered with the Building Department of the City, and once verified, shall become a part of the U'niversity's 24-500 Parking Requirements University Campus The purpose of this section is to assure that adequate parking spaces are maintained by Southern Methodist University by setting a minimum number of parking spaces required for an established University population and requiring additional parking spaces should the 1 Jnivcrsity population increase. (1) The following population numbers arc to be full-time cquivaleuts (FTE) as defined by Southern Methodist Univcrsity (University). The University shall be required to provide and maintain not fewer than 5,723 parking spaces. If either the University daytime or evening population exceeds 9,770. thc llnivcrsity shall provide and maintain new parking spaces in the proportion of .5 parking spaces lbr each additional student and .8 parking spaces for each additional faculty/staff member. To verify that there are 5,723 parking spaces on the campus, the University shall submit annually a map of the University Campus ztmcd districts indicating thc total number of spaces lbr each parking area. Accompanying the map shall be a summary of the spaces with locations specified and a summary of the annual maximum evening a~d daytimc populations of the University for the immediately preceding year. Thc map and summaries shall be flied and registered with the Building Department of thc City, and once verified, shall bccome a part of the University's Annual Parking = E ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, REPEALING SECTION 24-500, "PARKING REQUIREMENTS IN UC-1 AND UC-2", SUBSECTIONS (1) THROUGH (6) OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, IN ITS ENTIRETY, AND UPDATING AND REPLACING THE SAME WITH THE PROVISIONS SET OUT HEREIN, 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. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally, and the City Council of the City of University Park is of the opinion that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Section 24-500, Parking Requirements in UC-1 and UC-2, of the Comprehensive Zoning Ordinance, be, and the same is hereby, amended by repealing section 24-500, Parking Requirements in UC-1 and UC-2, Subsections (1) through (6) of the Comprehensive Zoning Ordinance of The City Of University Park, as heretofore amended, in its entirety, and updating and replacing the same as follows: "24-500 Parkina Requirements University Campus The purpose of this section is to assure that adequate parking spaces are maintained by Southern Methodist University by setting a minimum number of parking spaces required for an established University population and requiring additional parking spaces should the University population increase. (1) The following population numbers are to be full-time equivalents (FTE) as defined by Southern Methodist University (University). The University shall be required to provide and maintain not fewer than 5,723 parking spaces. 68434 If either the University daytime or evening population exceeds 9,770, the University shall provide and maintain new parking spaces in the proportion of .5 parking spaces for each additional student and .8 parking spaces for each additional faculty/staff member. To verify that there are 5,723 parking spaces on the campus, the University shall submit annually a map of the University Campus zoned districts indicating the total number of spaces for each parking area. Accompanying the map shall be a summary of the spaces with locations specified and a summary of the annual maximum evening and daytime populations of the University for the immediately preceding year. The map and summaries shall be filed and registered with the Building Department of the City, and once verified, shall become a part of the University's Annual Parking Report to the City. Thereafter, whenever for any reason a parking space is eliminated the University shall concurrently add a replacement space within the University Campus zoned districts. On or before June 30, 2003, and annually thereafter on or before the same date, the University shall submit to the Building Department of the City an Annual Parking Report in accordance with the provisions of this section. If the Annual Parking Report demonstrates full compliance with the requirements of this section, it shall be received and filed by the Building Department and acknowledgment given the University of such compliance. In the event violations of this section exist or are demonstrated by the report, the Building Department shall give notice in writing of such violation to the University immediately. Upon receipt of such notice, the University shall, within thirty (30) days either: (a) demonstrate to the satisfaction of the Building Department that the University is in compliance with the requirements of this section; or (b) submit a plan satisfactory to the Building Department for the correction of the violation within a reasonable period of time, not to exceed sixty (60) days, acceptable to the Building Department. Upon acceptance of the plan, the University shall be obligated to follow the plan to completion to correct such violation within the time allowed. In the event the University fails or refuses to comply with the provisions of this section or the plan submitted and approved by the Building Department, it shall be subject to all the penalties provided by law including, but not 68434 limited to, fines and penalties as provided by law, the right of the City to seek injunctive relief, the withholding of building permits for any construction by the University directly related to the parking violation which may exist, the withholding of any certificate of occupancy for any building directly related to the parking violation which may exist, and other remedies as may be authorized by law to the City. Concurrently with the submission of the Annual Parking Report, the University shall also submit the University's operational plan for the shuttle bus system, if any, to be implemented the following academic year and a statement describing the utilization of the shuttle bus system under the current operational plans. All parking spaces in the University campus zoned districts are to comply with the definition of parking space, off-street, in Section 31-102(66). One- third (33 1/3%) of the spaces in each lot may be smaller spaces designated for small size cars. (2) Parking Space Credit for Mass Transit In determining parking requirements under this Section 24-500, the University is entitled to a credit for parking spaces required beyond the minimum for faculty, stafl~ and students who reside in a zip code served by a DART Rail park and ride station or a zip code adjacent to such a park and ride station, excluding students who reside in zip codes 75225, 75275 and 75205, as follows: Students - 15% of the students shall be deducted From any calculation Faculty - 10% of the faculty shall be deducted from any calculation Staff - 15% of the staff shall be deducted from any calculation (3) Parking_for Ford Stadium Provided Southern Methodist University maintains an annual inventory as reported to the City of not less than 5,723 parking spaces, Ford Stadium may host events (as hereinafter described) so long as spectator admissions to the events do not exceed 22,892. For events that exceed 22,892 spectator admissions, the University shall be obligated to provide one additional parking space for every four additional spectators admissions that the University can reasonably anticipate. In the event sufficient additional spaces are not included in the annual report to the City, the number of additional required 68434 spaces may be provided at a remote location so long as no fee is charged to the spectators for such remote parking. The University may include in its plan that 25% of the required additional spectators anticipated will be served by the DART Rail System and that no additional parking spaces will be required for that number of seats. Prior to hosting any event at which more than 22,892 spectator admissions are expected, a written plan for the use of remote parking shall be submitted to the Director of Public Works and the City Attorney for review in accordance with the requirements of this section. The plan shall be considered approved if notice of approval is given in writing by the Director of Public Works. In the event the Director of Public Works shall fail to approve the plan within fifteen (15) days of its submission, the University may submit the plan to the Planning and Zoning Commission for review and then to the City Council for approval or denial. The plan shall provide the following: (a) Statement of the number of spectator admissions that the University reasonably anticipates being in attendance. Note: Ten (10) business days after the completion of each event, the University shall file with the Director of Public Works for each such event the actual number of spectators in attendance. (b) Binding contracts with the providers of the remote parking spaces. (c) Free shuttle bus service to Ford Stadium from remote parking and return, including description of bus routes and schedule. (d) Description of how the University plans: 1. to inform the public attending the events of the remote parking, 2. to locate appropriate signage directing the attending public to the remote parking, and 3. to provide advance notice to visiting colleges and universities. (e) Location and operation of a command post which shall make provision for assistance to the attending public for emergency services and recovery of towed vehicles. (f) Adequate security and traffic control personnel. 68434 (4) Construction of Parkin~ Spaces No Change (5) Site Plan Approval Required for Removal or Reduction of Parkin~ Space (a) In University campus zoning, removal or reduction of off-street required parking spaces or area in excess of 30 parking spaces shall not be undertaken until a site plan delineating such proposed removal or reduction and provisions for replacement of such spaces or area is reviewed and approved by the Director of Public Works." SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby be, and the same are hereby, repealed SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 4. That any person, finn or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. 68434 SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of October 2004. APPROVED: JAMES H. HOLMES, III, MAYOR ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY (RLD/meh 10/07/04; 68434) 68434 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, REPEALING SECTION 24-500, "PARKING REQUIREMENTS IN UC-1 AND UC-2", SUBSECTIONS (1) THROUGH (6) OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, IN ITS ENTIRETY, AND UPDATING AND REPLACING THE SAME WITH THE PROVISIONS SET OUT HEREIN, 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. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of October 2004. APPROVED: JAMES H. HOLMES, III, MAYOR ATTEST: NINA WILSON, CITY SECRETARY 68434 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY ADDING SUBSECTION (4), "FORD STADIUM", TO SECTION 14-206, "ADDITIONAL REGULATIONS"; 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. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally, and the City Council of the City of University Park is of the opinion that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Section 14-206, "Additional Regulations", of the Comprehensive Zoning Ordinance, be, and the same is hereby, amended by adding Subsection (4), "Ford Stadium", to read as follows: "14-206 ADDITIONAL REGULATIONS (4) Ford Stadium (a) Permitted uses: Collegiate activities sponsored and approved by Southern Methodist University. High school football play-off games. High school football games other than play-off games shall be limited to two days per academic year with no more than two 68499 games played per day. As used herein, "day" shall include the night. Football and soccer youth league events. Any event for which no admission is charged and for which fewer than five hundred (500) spectators will be admitted. (b) Uses not permitted: Any event the primary purpose of which is to provide musical entertainment over an electronically amplified speaker system." SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby be, and the same are hereby, repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum oflwo thousand dollars ($2,000.00) for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. 68499 SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of October 2004. APPROVED: JAMES H. HOLMES, III, MAYOR ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY (RLD/meh 10/11/04) 68499 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY ADDING SUBSECTION (4), "FORD STADIUM", TO SECTION 14-206, "ADDITIONAL REGULATIONS"; 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. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of October 2004. APPROVED: JAMES H. HOLMES, III, MAYOR ATTEST: NINA WILSON, CITY SECRETARY 68499 AGENDA MEMO 10/20/04 September 23, 2004 TO: Honorable Mayor, and City Council Members FROM: David Ledbetter, Fire Chief RE: CodeRed Notification System During an emergency, especially after hours, the most difficult process of the emergency will be notifying staff members and crews to respond in a timely manner once they have gone home. Currently, if crews have to be called in, the notification of personnel is accomplished by dialing telephone numbers one at a time. This is a time consuming process and risky if telephone lines have been downed. If citizens have to be notified, the only method is to go door-to-door to warn the citizens of the emergency. This is a problem we have long been concerned with and have devoted many hours of research time to solve this problem. The most logical solution was to utilize a program called reverse 9-1-1. The R9-1-1 program minimally requires eight telephone lines and is only capable of attempting sixteen 30-second calls per minute (960 calls per hour) with the eight lines. It also requires the purchase of expensive hardware and additional telephone lines for speedier call-outs. The Innovation Group, a company that is dedicated to local governments, and of which we are members, has contracted with Emergency Communications Network on a program entitled CodeRED that provides the services we need at a discounted price. CodeRED is a web-based emergency notification system with the capacity to launch more than 60,000 telephone calls to homes and businesses in less than one hour. With this service cities are not required to purchase expensive hardware or telephone lines. All the data is maintained on servers located in three major U.S. cities, and emergency messages can be initiated from homes, offices or anywhere an intemet connection is available. The system is not limited to employee notification but can be used for a variety of needs to notify citizens such as: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO for Codered.doc 8:45 AM 10/14/04 · Evacuations · Hazardous Material Spills · Fire and flood disasters · Missing children/persons · Major weather alerts · Terrorism alerts · Street closings · Water main breaks, etc. The cost of the services is available in a two year contract and provides the City with 15,000 minutes of usage each year for $5,000.00 per year. Additional minutes are provided free of charge for training purposes. The staff recommends that this program be purchased for use as an emergency notification system to retrieve employees on an emergency basis and for emergency notification of major developments for citizen awareness. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AGENDA MEMO for Codered.doc 8:45 AM 10/14/04 CODERED SERVICES AGREEMENT This Services Agreement ("Agreement") is made and effective as of the last date written below by and between Emergency Communications Network, Inc. a Florida Corporation ("Licensor") located at 9 Sunshine Boulevard, Ormond Beach, FL 32174 and City of University ParK a body politic and corporate of the State of Texas("Lioensee") located at 3800 University Blvd. University Parkf Texas 75205. Licensor is the owner of a service identified as "CodeREDTM Emergency Notification System" (The "Service"), which allows users to place prerecorded telephone calls at high speed to call recipients. Licensee desires to utilize the "Service" for the purpose of communicating matters of public interest and concern. In consideration of the promises set forth, the parties agree as follows: 1. License: Licensor grants Licensee a non-exclusive and non-transferable license to use the "Service" (hereinafter referred to as "The License") for Licensee's own purposes in accordance with the terms outlined in this Agreement. Licensee understands and agrees that they are fully responsible for the use of such services by anyone whom Licensee authorizes or permits to use the "Service", and anyone who accesses the "Service" by utilizing Licensee's Confidential access codes. a. The Licensee may not modify the "Service", disable any license or control features of the "Service." Licensee may not (i) assign, license, sublicense, rent, sell, transfer the "Service", this agreement, or any portion thereof or (ii) utilize the "Service" except as expressly permitted in the Agreement between Licensee and Licensor. The License will include pass codes for up to five (5) authorized "Service" users. Additional users pass codes may be obtained at an additional annual fee as outlined in Exhibit A. 2. Ownership: The "Service" is owned and copyrighted by Licensor. The Licensee's license confers no title or ownership in the "Service" whatsoever. 3. Copyright: United States copyright laws and international treaty provisions protect the "Service". Except for the limited license provided, Licensor reserves all rights in and to the "Service" and all underlying data, compilations, and information maintained by Licensor relating to the "Service", including but not limited to, the source or object code. 4. Functionality: The "Service" provides the ability for the Licensee to access pre-defined geographically selected calling areas or listed databases via an Internet-based software application accessible via the World Wide Web. The "Service" also has the ability to select calling databases via a geographic mapping component. The Service will also utilize an interactive voice response telephone service used to record messages and initiate call out projects. The "Service" is designed to be active 24 hours per day 365 days per year. $. Costs for The "Service": During the term of this agreement Licensee agrees to pay all costs for utilizing the "Service" as described in Exhibit A; attached to and made a part of this Agreement. Licensee will purchase prepaid "Service" (Prepaid System Minutes). Whenever Licensee utilizes the "Service" the actual calling minutes used by Licensor while utilizing the "Service" will be deducted from the balance of Prepaid System Minutes remaining in Licensee's Prepaid Minutes account. Licensee is responsible to maintain a sufficient balance of Prepaid System Minutes on account to allow Licensee the ability to make calls to be made during the remaining contract period. Emergency Communications Network, Inc CodeREDTM Services Agreement Page 1 of 6 Initials Licensor Licensee 6. Free Minute Blocks: Licensee is allotted free time on the system for the purpose of testing and training The following must be met in order for Licensee to utilize the free minute bank specified in Exhibit A: (a) Minutes will be deducted from the Licensee's minute bank at the time of using the "Service". (b) Licensee must notify Licensor in writing within 60 days of the use of the "Service" specifying qualified project(s) to obtain eligible free minutes and restoration of the deducted minutes into the Licensee's minute bank. If the Licensee fails to notify the Licensor within 60 days of the use of the "Service" the minutes used will not be eligible for consideration as free minutes and will remain as a deduction from the Licensee's minute bank as described above in paragraph 6. (c) Any unused minutes remaining in these blocks are not transferable. (d) Licensor will have the final right to deem all free calling minutes eligible or ineligible. 7. Term of Service Agreement: The License will extend for a period of two (2) years beginning on the last date this agreement is signed by both Licensee and Licensor. On the date this agreement terminates, Licensee will forfeit all Prepaid System Minutes remaining on account. 8. Contract Extension: Upon each annual anniversary of the effective date of this agreement, the term of this agreement will extend for additional one-year periods. This contract extension provision (the "extension provision") will continue to extend the contract period by one additional year annually. Either party may cancel this extension provision by submitting notice to the other party in writing no more than 90 days and no less than 30 days prior to the annual anniversary of the effective date of the agreement. The activation of the extension provision will trigger the following events: 1) Licensee's minute bank will be replenished to the original 30fO00 minute balance; 2) Licensor will update it's systems to extend the active software license and associated access codes for one additional year of use; 3) Licensor will invoice Licensee for one additional year service extension at the rate of five thousand dollars ($ 5,000). 4) Licensee will be responsible for payment of the contract extension fee upon receipt of invoice to the Licensor. 9. Repurchase Option: In the event that Licensee utilizes the "Service" to place calls which results in the number of calling minutes exceeding the balance of Prepaid System Minutes in Licensees' account, Licensee agrees to automatically purchase enough Prepaid System Minutes required to replenish Licensee's account to its original :~0.000 minute balance as outlined in Exhibit A. Licensee will be responsible for payment upon receipt of invoice to the Licensor. At the time of the Annual Contract Extension, any minutes remaining in the Licensee's account as a result of the Repurchase Option will be maintained within the Licensee's account. 10. Appropriate Use of The Service: To access the "Service" Licensor will provide Licensee with unique user name(s) and password(s). Licensee agrees to maintain such user name(s) and password(s) as private and confidential information. Licensee agrees to use the "Service" in a way that conforms with all applicable laws and regulations. Licensee specifically agrees not to make any attempt to gain unauthorized access to any of Licensor's systems or networks. Licensee agrees that Licensor shall not be responsible and liable for the content of the message(s) delivered by the "Service." 11. Security: Licensee understands that Internet communications are not secure, and may be subject to interception or loss. Licensee understands and acknowledges that Licensor is providing Emergency Communications Network. Inc Page 2 of 6 Initials CodeREDTM Services Agreement Licensor__ Licensee the "Service" on the World Wide Web through an "upstream" third party Internet Service Provider, utilizing public utility services. Licensor shall not be liable to Licensee in the event of any interruption of service or lack of presence on the Internet as a result of any disruption by the third party Internet Service Provider or public utility. In the event of any disruption of service, Licensor will use its best efforts to notify Licensee and to expedite resumption of service. 12. Warranty: (a) Licensee acknowledges that software in general is not error-free and agrees that the existence of such errors in software used in conjunction with the "Service" shall not constitute a breach of this License. (b) In the event that Licensee discovers a material error which substantially affects Licensee's use of the "Service" and notifies Licensor of the error, Licensor shall use reasonable measures to correct that part of the "Service" which does not so comply, provided that such non-compliance has not been caused by any modification, variation or addition to the "Service" not performed by Licensor, its agents or contractors, or caused by its incorrect use, abuse or corruption of the "Service" software, or by use of the "Service" with other software or on equipment with which it is incompatible. (c) Licensee is responsible for maintaining access to the Internet. Licensor in no way warrants Licensee's access to the Internet via Licensee's Internet Service Provider(s). 1:~. Warranty Disclaimer: To the extent permitted by the applicable law, Licensor disclaims all other warranties with respect to the "Service", either express or implied, including but not limited to any implied warranties of merchantability or fitness for any particular purpose. In no event (even should circumstances cause any or all of the exclusive remedies to fail of its/their essential purpose and even if Licensor has been advised of the possibility of such damages) shall Licensor be liable for any special, indirect, incidental or consequential damages of any nature (regardless of whether such damages are alleged to arise in contract, tort or otherwise), including, but not limited to, loss of anticipated profits or other economic loss in connection with or ensuing from the existence, furnishing, function, or Licensee's use of any item of products or services provided for in this Agreement. Licensee understands that the cumulative liability of Licensor for any and all claims relating to the "Service" provided by Licensor, in contract, tort or otherwise, shall not exceed that total amount paid by Licensee for the most recently purchased block of Prepaid System Minutes. 14. Indemnification: To the extent permitted by law Licensee agrees to defend, indemnify and hold harmless Licensor and its affiliates, employees and agents, including but not limited to Licensor's exclusive sales agent, The Broadcast Team, Inc., from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, arising from any violation of this agreement by Licensee or those who access the "Service" through Licensee's account, or the use of the "Service" or the placement or transmission of any message, information or other materials by Licensee or by those who have access to the "Service" through Licensee's account. Licensee shall be responsible for compliance with all applicable laws regarding outbound telemarketing, which may include, but are not limited to the Federal Telephone Consumer Protection Act of 1991, The Telemarketing and Consumer Fraud and Abuse Prevention Act of 1999 and the rules and regulations promulgated thereunder, as well as State and Local telemarketing laws and requirements. Licensee shall, to the extent permitted by law, defend, indemnify and hold Licensor harmless from all lawsuits, demands, liabilities, damages, claims, losses, costs or expenses, including attorneys' fees (whether by salary, retainer or otherwise), arising out of or resulting from, in whole or in part, a violation of such laws. Licensee will be solely responsible and liable for any such violations. The provision of this Article shall survive termination of this Agreement. 15. Non-Disclosure: (a) Licensee acknowledges and agrees that in providing the "Service", Licensor may disclose to Licensee certain confidential, proprietary trade secret information of Licensor ("Confidential Information"). Confidential Information may include, but is not limited to, the "Service", computer programs, flowcharts, diagrams, manuals, schematics, development Emergency Communications Network, Inc Page 3 of 6 Initials CodeREDTM Services Agreement Licensor__ Licensee tools, specifications, design documents, marketing information, financial information or business plans. During this Agreement and for a period of five (5) years thereafter, Licensee agrees that it will not, without the express prior written consent of Licensor, disclose any Confidential Information or any part thereof to any third party. At the termination of this Agreement, Licensee will cease utilizing the "Service" and will return all Confidential Information to Licensor unless Licensee renews the "Service" as outlined in this agreement. Nothing in this Agreement will be deemed to prohibit the disclosure of any information in response to a subpoena or other similar order by a court or agency with jurisdiction to issue it relevant to the resolution of any dispute between the parties. The Licensee will promptly notify the Licensor of the receipt of any subpoena or other similar order and of any request under the Public Information Act or any other similar law. The Licensee will cooperate with the Licensor in defending against disclosure of any confidential information under any such subpoena, order or request. (b) Licensee also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the "Service" or any software provided. 16. Termination: Licensee may terminate this Agreement by notifying the Licensor in writing no less than 30 days in advance of desired termination. Licensee will return all Confidential Information and copies to Licensor. Licensee will forfeit all Pre-Paid System Minutes upon termination of this Agreement. Licensee understands that Licensor reserves the right to terminate Licensee's account at any time for reasons including, but not limited to, failure to abide by the terms of this agreement or failure to pay any fees or charges when due. In the event that Licensor terminates this agreement for reasons other than Licensee's failure to abide by this agreement, Licensor will refund to Licensee an amount equal to the balance of Prepaid System Minutes in Licensee's account. Upon termination, Licensee agrees to remove from Licensee's computer(s) any files related to the "Service". 17. Merger: This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. Only a further writing that is duly executed by both parties may modify this Agreement. 18. Confidential Data: Licensor agrees that in view of the confidential nature of Licensee supplied data and files that it is to prepare, process or maintain under this Agreement, it will perform its duties in such a manner as to prevent the disclosure to any persons not employed by Licensor of any such data and files unless Licensor and Licensee mutually agree in writing otherwise. 19. Integrity of Data: Licensor cannot guarantee the integrity of any Licensee supplied data. As such, any errors, duplications, or inaccuracies related to Licensee supplied data will ultimately reside with Licensee. 20. Notices: All notices or requests, demands and other communications hereunder shall be addressed to the parties as follows: As to Licensor: Emergency Communications Network, Inc. 9 Sunshine Blvd. Ormond Beach, FL 32'174 As to Licensee: City of University Park, Attn: Fire Chief, 3800 University Blvd. University Park, TX 75205 Emergency Communications Network, Inc CodeREDTM Services Agreement Page 4 of 6 Initials Licensor Licensee 21. General: All matters pertaining to the validity, construction and effect of this agreement shall be governed by the laws of the State of Florida. If any dispute arises the prevailing party shall be entitled to the costs and attorney's fees from the losing party for enforcement of any right included in this agreement, both a Court of first jurisdiction and all Courts of Appeal. 22. No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from a negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to this Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. IN WITNESS WHEREOF, the parties execute this Agreement on the date(s) indicted below. Licensee: By: Printed Name: Title: Date: Licensor: By: Printed Name: Title: Date: City of University Park, Texas Emergency Communications Network, Inc. Emergency Communications Network, Inc CodeREDTM Services Agreement Page 5 of 6 Initials Licensor Licensee Exhibit A - Service Charges Initial block purchase(s) of Prepaid System Minutes: Two (2) year CodeRED Service Agreement 30,000 CodeRED system minutes Replenishment System Minutes 500 minutes for testing and training Up to 5 CodeRED user pass codes Initial Database Upload Initial CodeRED distance training $, Included $10~000.00 $0.33 Der minute $ No Char,qe (see paragraph 6) $ Included $ No Charqe $ No Charqe System usage will be charged against Prepaid System Minutes at actual minutes of time connected while delivering prerecorded System calls. All calls will be billed in 6- second increments. Only connected calls (live connections, answering machine connections and fax tone connections) will result in connection charges being incurred. Additional Pass codes may be purchased for an annual fee of $150.00 per pass code. Database Accuracy Updates Licensor Supplied Database: "Database Accuracy Updates" ensure that the data population maintained by Licensor under this Agreement undergoes periodic accuracy checks usin9 the Licensor's most current in-house compiled database including, but not limited to, household addresses and telephone numbers. It will be the sole responsibility of the Licensee to maintain database accuracy and request updates from the Licensor. One annual "Database Accuracy Update" will be performed by the Licensor upon request by the Licensee at no charge. Additional updates requested by Licensee will incur charges at the rate listed below after the update service is completed by Licensor. 2.5¢ per record in final updated database population. Licensee Supplied Database: A service labor fee of One Hundred Dollars ($100.00) per hour will be billed to Licensee for any data importing, manipulating, and loading any database supplied by Licensee or on Licensee's behalf to Licensor. $100 per hour for database maintenance Annual System Maintenance, including all Software Upgrades $ No Charqe Emergency Communications Network, Inc CodeREDTM Services Agreement Page 6 of 6 Initials Licensor Licensee AGENDA MEMO (10 -20 -04 AG E N DA) DATE: October 14, 2004 TO: Bob Livingston City Manager FROM:Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Discussion of Urban Design & Development Advisory Committee's recommendations regarding the architectural design of the Northwest Highway screening wall. Background. Pursuant to City Council direction, staff reviewed the conceptual architectural sketches of the proposed NW Highway screening wall. Considerable discussion ensued regarding the use of both brick and concrete facades. The committee generally liked the other features of the wall. They would like to have the "portal" structures (proposed for the southeast / southwest corners at Hillcrest) physically connected to the wall rather than standing free from it. One committee member suggested that long term maintenance issues should be considered when deciding to incorporate the use of brick. The cost to repair or rebuild brick sections of wall would be considerably higher than that of concrete. The same would hold true in removal of graffiti. Jim Doster, a UDADAC member, a neighbor directly impacted by the wall, and one of the strongest proponents of the project, spoke in favor of the elimination of the use of brick in the design. Discussion. UDADAC unanimously recommended that the City Council direct staff to proceed with the project except for the use of brick. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AM NW Hwy Wall Use of Brick 10 16 04.doc 8:38 AM 10/14/04 AGENDA MEMO (10/20/04 AGENDA) DATE: October 14, 2004 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Pilot Program for Newspaper Racks in Snider Plaza ITEM: Business owners along Snider Plaza and city staff members have voiced concern about the proliferation of individual news boxes in this retail area. More specifically, news boxes in Snider Plaza create issues concerning pedestrian/vehicle safety, litter, graffiti, and emergency access. In a windshield survey conducted by staff in 2003, Snider Plaza had a total of sixty-one (61) individual news boxes. In a subsequent survey conducted by staff in July, 2004, the number of news boxes in Snider Plaza increased twenty-six percent (26%) for a total of seventy-seven (77) boxes. To address concerns related to the proliferation of separate news boxes, staff proposes the city purchase newsracks that hold multiple publications and install the units at fixed locations in Snider Plaza. Individual news boxes would not be allowed in the Snider Plaza area. The city will then lease individual boxes within the newsracks to the publications to recover a portion of the costs. If successful, the pilot program along Snider Plaza could be expanded to other retail areas in the city. During its August and October meetings, the Urban Design & Development Advisory Committee reviewed staff proposals for newsrack location and design. Attached is a map of Snider Plaza with the recommended locations and number of individual boxes at each location. With the new locations, the total number of publications in Snider Plaza would be reduced from 77 to 54. Also attached are photographs of units installed in Athens, GA UDADAC is recommending the city purchase. Staff is requesting Council direction on how to proceed with the pilot program. RECOMMENDATION: Staffrecommends proceeding with the proposed pilot program. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\10 20 04 Newsracks.doc 2:25 PM 10/14 ATTACHMENTS: Map of Snider Plaza Photographs of proposed newsrack units 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\10 20 04 Newsracks.doc 2:25 PM 10/14 MILTON I I 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\10 20 04 Newsracks.doc 2:25 PM 10/14 DATE: October 12, 2004 TO: Nina Wilson City Secretary FROM: Jennifer Shell, P.E. Civil Engineer SUBJECT: AGENDA MEMO (10/20/04 AGENDA) Water, Sanitary and Storm Sewer Improvements and Alley and Street Paving, Project No. 46310 Main Miscellaneous CONSIDER APPROVAL OF BID AND AWARD OF A CONTRACT TO SYB CONSTRUCTION COMPANY for the labor and materials furnished for the Water, Sanitary and Storm Sewer Improvements and Alley and Street Paving, Project No. 46310. The locations to be included in this project are listed below: Centenary/Marquette Alley from Airline Road to Hillcrest Road Colgate/Caruth Alley from Airline Road to Turtle Creek Blvd. Caruth Blvd. from Airline Road to Hillcrest Road Greenbrier/Southwestern Alley from Airline Road to Hillcrest Road Hillcrest Road from Caruth Blvd. to Greenbrier/Southwestern Alley Caruth Park Parking Lot The budgeted account number is 42-42-4430, Project No. 46310-2300. WATER, SANITARY AND STORM SERVER AND ALLEY AND STREET PAVING PROJECT, PROJECT NO. 46310 SYB Construction ............................................................................ $ 2,253,957.00 North Texas Contracting ................................................................... $ 2,589,647.00 Barson Utilities ................................................................................ NO BID Bids were taken in the Conference Room at 4420 Worcola, Dallas, Texas 75206 at 1:00 P.M., October 6, 2004. bidtabs 46310.xls Item No. STRM 1 STRM 2 STRM 3 STRM 4 STRM 5 STRM 6 STRM 7 STRM 8 STRM 9 STRM 10 STRM 11 STRM 12 STRM 13 STRM 14 STRM 15 STRM. 16 WATER, SANITARY AND STORM SEWER IMPROVEMENTS AND ALLEY AND STREET PAVING, Qty Unit Description 1 EA. 2 EA. 6 EA. 2 EA. 1 EA. 2 EA. 1 EA. 37 LF 184 LF 20 LF 65 LF 8 EA. 2 EA. 4 EA. 331 LF 11 O0 LF STRM. 17 824 LF STRM. 18 64 LF STRM. 19 1 EA. STRM. 20 5 EA. STRM. 21 2 EA. STRM. 22 1 EA. Remove Existing Grate Inlet Remove Existing Curb Inlets (5'-0") Remove Existing Curb Inlets (6'-0") Remove Existing Curb Inlets (7'-0") Remove Existing Curb Inlets (9'-0") Remove Existing Curb Inlets (10'-0") Remove Existing Curb Inlets (14'-0") Remove Existing 15" Reinforced Concrete Storm Sewer Pipe Remove Existing 18" Reinforced Concrete Storm Sewer Pipe Remove Existing 24" Reinforced Concrete Storm Sewer Pipe Remove Existing 60" Reinforced Concrete Storm Sewer Pipe Cut & Plug Existing 18" Storm Sewer Cut & Plug Existing 21" Storm Sewer Cut & Plug Existing 60" Storm Sewer 21" Class III Reinforced Concrete Pipe w/ Recycled Concrete Mix Backfill and Embedment 24" Class III Reinforced Concrete Pipe w/ Recycled Concrete Mix Backfill and Embedment 30" Class III Reinforced Concrete Pipe w/ Recycled Concrete Mix Backfill and Embedment 36" Class III Reinforced Concrete Pipe w/ Recycled Concrete Mix Backfill and Embedment Connect 21" Class III Reinforced Concrete Pipe to Existing Inlet Connect Proposed 21" Class I1,1, Reinforced Concrete Pipe to Existing 60 Storm Pipe Connect Proposed 21" Class I1,1, Reinforced Concrete Pipe to Existing 66 Storm Pipe Connect Proposed 24" Class I1,1, Reinforced Concrete Pipe to Existing 60 Storm Pipe PROJECT NO. 46310 10/14/2004 SYB Construction Unit Total Amount Amount $500 00 $500 00 $500 00 $1,000 00 $500 00 $3,000 00 $500 00 $1,000 00 $500 00 $500 00 $500 00 $1,000 00 $500 00 $500.00 $10 00 $370.00 $12 50 $2,300.00 $15 00 $300.00 $20 00 $1,300.00 $300 00 $2,400.00 $350 00 $7OO.OO $750 O0 $3,000.00 $119 00 $39,389.00 $185.00 $203,500.00 $117.00 $96,408.00 $142.00 $9,088.00 $500.00 $500.00 $1,000.00 $5,000.00 $1,000.00 $2,000.00 $1,000.00 $1,000.00 North Texas Contracting Unit Total Amount Amount $600.00 $600.00 $700.00 $1,400.00 $900.00 $5,400.00 $1,000.00 $2,000.00 $1,000.00 $1,000.00 $1,000.00 $2,000.00 $1,500.00 $1,500.00 $23.00 $851.00 $23.00 $4,232.00 $23.00 $460.00 $39.00 $2,535.00 $300.00 $2,400.00 $400.00 $800.00 $800.00 $3,200.00 $145.00 $47,995.00 $150.00 $165,000.00 $167.00 $137,608.00 $190.00 $12,160.00 $500.00 $500.00 $500.00 $2,500.00 $500.00 $1,000.00 $500.00 $500.00 P4A-1 Item No. STRM. 23 STRM. 24 STRM. 25 STRM. 26 STRM. 27 STRM. 28 STRM. 29 STRM. 30 STRM. 31 WATER, SANITARY AND STORM SEWER IMPROVEMENTS AND ALLEY AND STREET PAVING, PROJECT NO. 46310 10/14/2004 Qty Unit EA. EA. EA. EA. EA. EA. EA. LS LS S. 1 12 EA. S. 2 2 EA. S. 3 LF 3993 S. 4 9 EA. S. 5 1 EA. S. 6 2 EA. S. 7 1 EA. S. 8 1 EA. S. 9 1 EA. S. 10 109 EA. S. 11 1 LS Description Connect Proposed 36" Class I1,1, Reinforced Concrete Pipe to Existing 60 Storm Pipe Construct 10' Curb Inlet (Includes 10' Upstream and 10' Downstream Variable Height Curb)(Top to Flowline Depth 4'- 0") Construct Recessed 10' Curb Inlet (Includes 10' Upstream and 10' Downstream Variable Height Curb)(Top to Flowline Depth 4'-0") Construct Combination 10' Curb Inlet (Includes 10' Upstream and 10' Downstream Variable Height Curb)(Top to Flowline Depth 4'-0") Construct 14' Curb Inlet (Includes 10' Upstream and 10' Downstream Variable Height Curb)(Top to Flowline Depth 4'- 0") Construct 4' Dia Storm Sewer Manhole Construct 5' Dia Storm Sewer Manhole Trench Safety Design and Installation System Test (Televised after subgrade accepted) SECTION 1- STORM SEWER BASE BID Remove Existing Manhole Remove Existing Clean Out 8" PVC-SD-26 Class 160 PSI Pressure Sewer Pipe w/ Recycled Concrete Mix Backfill & Embedment Construct 4.0' Dia. Manhole 5.0' DIA Manhole w/Drop Connection Connect Proposed 8" PVC-SDR-26 Class 160 PSI Pressure Sewer Pipe to Existing 6" Sanitary Sewer Line Connect Proposed 8" PVC-SDR-26 Class 160 PSI Pressure Sewer Pipe to Existing 8" Sanitary Sewer Line Connect Proposed 8" PVC-SDR-26 Class 160 PSI Pressure Sewer Pipe to Existing Sanitary Sewer Manhole Connect Existing 6" Sanitary Sewer Line to Proposed Manhole 4" Sanitary Sewer Service w/Two Way Cleanout Trench Safety Design and Installation SYB Construction Unit Total Amount Amount $1,000.00 $1,000.00 $2,750.00 $24,750.00 $2,750.00 $8,250.00 $4,500.00 $36,000.00 $3,500.00 $3,500.00 $4,000.00 $8,000.00 $5,000.00 $10,000.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $471,255.00 $500.00 $6,000.00 $200.00 $400.00 $96.00 $383,328.00 $3,000.00 $27,000.00 $6,000.00 $6,000.00 $400.00 $800.00 $400.00 $400.00 $500.00 $500.00 $500.00 $500.00 $500.00 $54,500.00 $4,000.00 $4,000.00 North Texas Contracting Unit Total Amount Amount $500.00 $500.00 $2,500.00 $22,500.00 $2,500.00 $7,500.00 $3,400.00 $27,200.00 $2,800.00 $2,800.00 $3,400.00 $6,800.00 $4,000.00 $8,000.00 $15,000.00 $15,000.00 $5,000.00 $5,000.00 $490,941.00 $450.00 $5,400.00 $300.00 $600.00 $102.00 $407,286.00 $3,000.00 $27,000.00 $3,500.00 $3,500.00 $500.00 $1,000.00 $500.00 $500.00 $1,000.00 $1,000.00 $900.00 $900.00 $650.00 $70,850.00 $5,000.00 $5,000.00 P4A-2 Item No. S. W, W, W, W, W, W, W, W, W, W, W, W, W, W, W, W, W. W. W. 12 10 11 12 13 14 15 16 17 18 19 20 21 WATER, SANITARY AND STORM SEWER IMPROVEMENTS AND ALLEY AND STREET PAVING, PROJECT NO. 46310 Qty Unit Description 1 LS System Test 745O 54 76 4OO7 25 4 130 SECTION 2-SANITARY SEWER BASE BID 3" Yelomine PVC Pipe Class 250 LF Temporary Water Line (Cost includes placement, maintenance, and removal) Connect 3" Temporary Water to Existing Water Lines (3" to 12") Per Location EA. (Cost includes placement, maintenance and removal) Connect 3" Temporary Water to Existin[ Water Lines (3" to 8") Per Location (Cost EA. includes placement, maintenance, and removal) Temporary 5/8" Water Service to Meter EA. (Cost includes placement, maintenance and removal) Temporary 1" Water Service to Mete~ EA. (Cost includes placement, maintenance and removal) Temporary 1.5" Water Service to Mete~ EA. (Cost includes placement, maintenance, and removal) , EA. Cut & Plug Existing Water Mains(6') EA. Remove Existing Valves (6) 8" D.I. Pipe Class 51 w/ Poly Wrap w/ LF Recycled Concrete Backfill and Embedment 6" D.I. Pipe Class 51 w/ Poly Wrap w/ LF Recycled Concrete Backfill and Embedment 12" Ductile Iron Resilient Wedge Gate EA. Valve 8" Ductile Iron Resilient Wedge Gate EA. Valve Connect to Existing Water Lines (6" to EA. 6") Per Location Connect to Existing Water Lines (6" to EA. 8") Per Location Connect to Existing Water Lines (8" to EA. 8") Per Location Connect to Existing Water Lines (12" to EA. 8") Per Location EA. New 1" Copper Service w/Meter Box EA. New 1.5" Copper Service w/Meter Box EA. Remove Existing Fire Hydrant EA. Construct Fire Hydrant Assembly LS Trench Safety Design & Installation SYB Construction Unit Total Amount Amount $4,000.00 $4,000.00 $487,428.00 $8.00 $59,600.00 $1,000.00 $2,000.00 $1,000.00 $6,000.00 $100.00 $5,400.00 $110.00 $8,360.00 $1,000.00 $1,000.00 $500.00 $3,000.00 $250.00 $2,250.00 $72.00 $288,504.00 $70.00 $1,750.00 $1,500.00 $1,500.00 $750 O0 $6,000 O0 $1,000 00 $1,000 00 $1,250 00 $6,250 00 $1,500 00 $4,500 00 $3,000 00 $12,000 00 $500 00 $1,2OO.OO $65,000 00 $1,2OO.OO $250.00 $500.00 $2,500.00 $5,000.00 $2,000.00 $2,000.00 10/14/2004 North Texas Contracting Unit Total Amount Amount $2,000.00 $2,000.00 $525,036.00 $7.00 $52,150.00 $900.00 $1,800.00 $800.00 $4,800.00 $350.00 $18,900.00 $400.00 $30,400.00 $400.00 $400.00 $600.00 $3,600.00 $5OO.OO $4,5OO.OO $93.00 $372,651.00 $92.00 $2,300.00 $2,000.00 $2,000.00 $1,200.00 $9,600.00 $1,200.00 $1,200.00 $1,500.00 $7,500.00 $1,350.00 $4,050.00 $1,750.00 $7,000.00 $650.00 $84,500.00 $700.00 $700.00 $500.00 $1,000.00 $2,000.00 $4,000.00 $2,000.00 $2,000.00 P4A-3 Item No. W. 22 WATER, SANITARY AND STORM SEWER IMPROVEMENTS AND ALLEY AND STREET PAVING, PROJECT NO. 46310 Qty Unit Description 1 LS System Test SECTION 3- WATER BASE BID P. 1 1 LS Mobilization P. 2 13300 LF Sawed Breakout line-Full Depth P. 3 635 SY Temporary Pavement Repair (2" HMAC and Recycled Concrete Mix Backfill and Compacted Selected Backfill) (Cost includes placement, maintenance, and removal) Pi 4 240 SY Temporary pavement Repair (2" HMAC DELETED and Recycled concrete MiX BaCkfill and Co~pacted selected Backfill)(COSt includes placement' maintenance; and NO REMOVAL) P. 5 240 SY Replace Asph. Concrete Pvmt. w/Reinf. Concrete Base w/6" Mono Reinforced Concrete Curb & Gutter(4" HMAC Average and 6" Concrete Base) 6" Reinforced Concrete Base, Class "C", P. 6 80 SY 6 Sack, 3600 PS1@28 Days with 4" HMAC Overlay (Transitional Pvmt) Remove Existing 4" +/- Reinforced P. 7 990 SY Concrete Sidewalk Remove Existing 6" +/- Reinforced P. 8 535 SY Concrete Driveway Remove Existing 6" +/- Reinforced P. 9 4250 SY Concrete Alley Pavement Remove Reinforced Concrete Alley P. 10 325 SY Approach Remove Existing 6" +/- Reinforced P. 11 130 SY Concrete Pavement Remove Existing Asph. Concrete Pvmt. w/Reinf. Concrete Base (4" HMAC Average and 6" Concrete Base) Rolling (Grid) Rolling (Flat Wheel) Rolling (Proof) 6" Mono Reinforced Concrete Curb Variable Height Curb (6" in alley) Variable Height Curb (9" in alley) Variable Height Curb (12" in alley) P. 12 5120 SY 4" Reinforced Concrete Sidewalk Class "A", 5 Sack, 3600 PS1@28 Days 13 7O HR 14 35 HR 15 18 HR 16 2195 LF 17 475 LF 18 150 LF 19 7O LF P, P P P P P P 6" Reinforced Concrete Driveway Class "C", 6 Sack, 3600 PS1@28 Days P. 20 990 SY 21 565 SY P, SYB Construction Unit Total Amount Amount $4,000.00 $4,000.00 $486,814.00 $50,000.00 $50,000.00 $2.50 $33,250.00 $15.00 $9,525.00 $72.00 $17,280.00 $72.00 $5,760.00 $5 O0 $10 00 $10 00 $10 00 $10 00 $12 50 $4,950 00 $5,350 O0 $42,500 00 $3,250 00 $1,300 00 $64,000 00 $3O $3O $3O $3 $5 $7 $10 $34 00 $2,100 00 $1,050 00 $540 00 $6,585 00 $2,375 50 $1,125 00 $7OO 00 $33,660 00 00 00 00 00 00 00 00 $54.00 $30,510.00 10/14/2004 North Texas Contracting Unit Total Amount Amount $5,000.00 $5,000.00 $620,051.00 $5O,OOO.OO $5O,OOO.OO $3.00 $39,900.00 $25.00 $15,875.00 $80.00 $19,200.00 $80.00 $6,400.00 $9.00 $8,910.00 $9.00 $4,815.00 $7.00 $29,750.00 $12.00 $3,900.00 $30.00 $3,900.00 $11.00 $56,320.00 $73.00 $5,110.00 $73.00 $2,555.00 $73.00 $1,314.00 $3.OO $6,585.OO $6.OO $2,85O.OO $13.00 $1,950.00 $28.00 $1,960.00 $44.00 $43,560.00 $62.00 $35,030.00 P4A-4 Item No. P, WATER, SANITARY AND STORM SEWER IMPROVEMENTS AND ALLEY AND STREET PAVING, Qty Unit Description 22 4255 P. 23 325 P, P, 24 2975 25 2750 26 2800 27 70 P, P. 28 12 29 235 P, P. 3O 945 P. 31 1 PROJECT NO. 46310 SY 8"-5"-8" Reinforced Concrete Alley Class "C", 6 Sack, 3600 PS1@28 Days SY 6" Reinforced Concrete Alley Approach Class "C", 6 Sack, 3600 PS1@28 Days SY 6" Reinforced Concrete Pavement Class "C", 6 Sack, 3600 PS1@28 Days SY 9" Reinforced Concrete Pavement Class "C", 6 Sack, 3600 PS1@28 Days SY 8" Cement Modified Soil (8% Cement) TON Cement Barrier-free Ramps (ADA Compliant) EA. (Brick to be supplied by City of University Park) SY Brick Pavers w/Concrete Base Replace Plant Material (Bermuda, St. SY Augustine, Asian Jasmine, or Other) (Contractor Must Replace w/Same Plant Material) LS Horizontal &Vertical Control SECTION 4- PAVING BASE BID TOTAL BASE BID 10/14/2004 SYB Construction Unit Total Amount Amount $44.00 $187,220.00 $54.00 $17,550.00 $32.00 $95,200.00 $40.00 $110,000.00 $4.00 $11,200.00 $100.00 $7,000.00 $1,000.00 $12,000.00 $98.00 $23,030.00 $10.00 $9,450.00 $20,000.00 $20,000.00 $808,460.00 $2,253,957.00 North Texas Contracting Unit Total Amount Amount $59.00 $251,045.00 $59.00 $19,175.00 $42.00 $124,950.00 $45.00 $123,750.00 $3.00 $8,400.00 $85.00 $5,950.00 $1,500.00 $18,000.00 $110.00 $25,850.00 $7.00 $6,615.00 $30,000.00 $30,000.00 $953,619.00 $2,589,647.00 P4A-5 AGENDA MEMO (10 -20 -04 AG E N DA) DATE: TO: FROM: SUBJECT: October 14, 2004 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider Ordinance No __ abandoning certain street right-of-way adjacent to 7064 Turtle Creek Lane. Background. The attached ordinance provides the terms for abandoning certain right-of-way along the Lovers Lane frontage of the property at 7064 Turtle Creek Lane (SE corner of Lovers Lane and Turtle Creek Lane), which is owned by Steve Houghton. At the 10-06-04 meeting the City Council directed staff to develop the enabling abandonment ordinance for the 3,729 square foot parcel. Fair market value was determined at $101,839. After approval of the subject ordinance (a certified copy of which must be filed at Dallas County), Mr. Houghton must incorporate the parcel with his property at 7064 Turtle Creek Lane via amending plat. Recommendation. Staff recommends City Council approval of the abandonment ordinance. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AM R-O-W aband ord 7064 TC Ln 10 20 04.doc 8:58 AM 10/14/04 SURPLUS RIGHT-OF-WAY LOVERS LANE JOHN SCURLOCK SURVEY ABSTRACT 1351 UNIVERSITY PARK DALLAS COUNTY, TEXAS Being a tract or parcel of land situated in the John Scurlock Survey, Abstract No. 1351, City of University Park, Dallas County, Texas, being a part of Lovers Lane right-of-way, and being more particularly described as follows: BEGINNING at a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for corner at the intersection of the south line of Lovers Lane, a variable width right-of-way and the east line of Turtle Creek Lane, a 27 foot right-of-way, said rod being the northwest corner of Lot 9A, Block 3, Brooks/de Estates, an addition to the City of University Park according to the plat recorded in Volume 97147, Page 3266, Map Records of Dallas County, Texas. THENCE North 01° 44' 04" West, departing the south line of said Lovers Lane right-of-way, for a distance of 6.26 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for corner; THENCE North 87° 27' 07" East, 60 feet south of and parallel to the north right-of-way line of said Lovers Lane, a distance of 280.08 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for corner; THENCE South 10° 07' 26" East a distance of 16.43 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for corner in the south line of said Lovers Lane right-of-way, said rod being the northeast corner of said Lot 9A; THENCE South 89° 26' 34" West along the south line of said Lovers Lane right-of-way and the north line of said Lot 9A for a distance of 262.60 feet to the POINT OF BEGINNING, containing 3, 729 square feet or 0.0856 acres, more or less. PAGE 1 OF 2 C:\Documents and Settings~nwilson. UNIVPARKSLocal Settings\Temporary Internet Files\OLKS\6152fn legal word doc 10 11 04.docPage 1 of 1 Created on 10/11/2004 8:21:00 PM Last printed 10/14/2004 8:59:00 AM lOT 10 1CT 11 N 01'44'04" 8.28' ~/~" LOT I J I BLOOK B REVISED FIRST SECTION OF UNIVERSITY HEIGHTS LOT 12 (VOL. J. PG. JBJ) LOT 14 _~ LOT 13 LOVERS IANE N 87'27'07" E 280.08' 3, 729 S 89'28'34" W 282.80' OF BEGINNING LOT 9A BLOCK 3 BROOKS/DE ES?A TES (VOL. 97147, PG. 326~) LOT 16 10'07'26" E irs I~ 43' CUR 1-IS PARK LEGEND ........ PROPERTY LINE 1/2~/RB / I/~9'IRF ........ I/2" IRON ROD BET / FOUND BASIS OF BEARINGS - UNIVERSITY PARK GEODETIC MONUMENT SYSTEM CONTROLL/NC WONUWEMT£ - AB SHOWN, RAYMOND L. GOODSON, 5445 LA SIERRA SUITE $00 L.B. 17 DALLAS, TX. 75231-4138 214-739-8100 rlg@rlginc, eon JR., 6O GRAPHIC SCALE 0 30 ( [~ ~.~.'r ) 1 ir. eh = 60 ~t. BO UNDAR Y SURVEY PART OF LOVERS LANE R-O-W JOHN SCURLOCK SURVEY ABSTRACT NO. 1351 CfTY OF UNIVERSITY PARK INC. DALLAS COUNTY, TEXAS 6O JOZE NO. J PAGE 2 OF 2 SCALE 1" = 60' DA ?E 08-26-04 6152 JE-FiLE 6752. DWG JDWG No.J 23,835X ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY OF LOVERS LANE, AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT "A", TO THE ABUTTING OWNER IN CONSIDERATION OF THE PAYMENT OF THE APPRAISED MARKET VALUE BY THE OWNER TO THE CITY; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, has determined that certain street right-of-way described and depicted in Exhibit "A" is no longer needed or necessary for street purposes by the City; and WHEREAS, the City has secured an appraisal of the interests being conveyed by the City to determine the market value of the interests being conveyed; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That for and in consideration of the payment of the sum of $ by Steven Houghton, the receipt and sufficiency of which is hereby acknowledged, the City of University Park hereby abandons and quitclaims in favor of Steven Houghton, the abutting owner, all that certain tract or parcel of land more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof for all purposes, the same as if fully copied herein. SECTION 2. That the rights being abandoned in the property described in Exhibit "A" consist of street right-of-way of Lovers Lane as shown on Exhibit "A". SECTION 3. That the City of University Park does not abandon any other interests other than those described herein on the tract identified in Exhibit "A", but does 68139 hereby abandon all of its right, ti~, or interest therein, either by fee simple or by easement, or otherwise, in the described properly, together with any and all improvements thereon. SECTION 4. That upon payment of the consideration stated in Section 1 hereof, the City Secretary is authorized and directed to prepare a certified copy of this ordinance and furnish the same to Steven Houghton, and the recording of this abandonment ordinance in the real properly records of Dallas Counly, Texas, shall serve as a quitclaim deed of the City of University Park to the said Steven Houghton, of such right, ti~ or interest of the City of University Park in and to such street right-of-way described in Exhibit "A", either in fee simple or by easement or otherwise. SECTION 5. This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of October 2004. APPROVED: APPROVED AS TO FORM: JAMES H. HOLMES, III, MAYOR ATTEST: CITY ATTORNEY (RLD/9-29-04) NINA WILSON, CITY SECRETARY 68139 DATE: TO: FROM: SUBJECT: AGENDA MEMO (10/20/04 AGENDA) October 14, 2004 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator ZOAC Recommendation - Request for Rezoning of Duplex Zoning Districts BACKGROUND: Two separate requests were received asking the city to consider the potential benefits that might result from rezoning existing duplex districts to another zoning district that would more likely to encourage redevelopment. The first request was to rezone the north side of the 3200 & 3300 blocks of Rosedale from Duplex 2 (D-2) to Multi-Family District 3 (MF-3). The purpose would be to encourage redevelopment in those blocks that would be similar in use to that on the south side of Rosedale. The second request was to rezone all of the duplex districts within the city to Single Family Attached (SF-A). The purpose would be to encourage redevelopment throughout the city like has taken place around the Middle School, and provide more owner occupied properties rather than the rental properties that currently exist in the duplex districts. The duplex districts cannot subdivide their lots and sell the lots off separately. PUBLIC NOTICE: N/A RECOMMENDATION: The Zoning Ordinance Advisory Committee (ZOAC) did not believe that it was in the city's best interests to rezone the properties along Rosedale from D-2 to MF-3. They felt that this would be a "stepping down" in zoning classification and that the current D-2 properties provided a buffer between the MF-3 properties to the south and the Single Family district to the north. The Committee believes that the idea of rezoning the duplex districts to Single Family Attached is a worthwhile idea. The duplex and single family attached structures are virtually identical, and would provide the city and it's neighborhoods with more owner occupied residences. The Committee felt that rather than a "blanket" rezoning of all the duplex districts in the city, these districts should be handled on a case by case basis as areas, but not as individual lots either. ZOAC recommends that in these cases, applicants be sent to the Planning & Zoning Commission for approval of their rezoning request. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 ZONING ORDINANCE ADVISORY COMMITTEE MINUTES September 28, 2004 The Zoning Ordinance Advisory Committee of the City of University Park met on Tuesday, September 28, 2004 at 12:00 P.M. at the Peek Service Center, 4420 Worcola St., Dallas, Texas. The following are minutes of that meeting. Committee Members Attending: Robert F. Spies - Chairman Edward D. Biggers Gretchen Henry Kim Kohler Dayton C. Macatee Clay Snelling Scott Helbing Pat Mills Absent & Excused: Anne Harrison Staff Members Attending: Bob Livingston - City Manager Bud Smallwood - Director of Public Works Wade McLaurin - Bldg. & Zoning Administrator Jennifer Patrick Administrative Secretary Rob Dillard City Attorney Council Liaison - James E. Roberts Call to Order. Mr. Spies called the meeting to order and introduced a new member, Gretchen Henry, to the other committee members. Continue discussion from duly 27, 2004 - requests by FFanda Means, Ram Custom Homes, to rezone the 3200 block of Rosedale fi~om Duplex District 2 (D-2), to Multi-Family District 3 (MF-3) and Chuck Barnett, Barnett FFest Homes, request to rezone all duplex districts to Single Family Attached (SF-A) in order to stimulate growth. Mr. McLaurin reviewed the differences between the zoning districts as requested by Mr. Spies at the last Z.O.A.C. meeting on July 27, 2004. In regards to Wanda Means request ofrezoning the 3200 block of Rosedale from Duplex District 2 (D- 2), to Multi-Family District 3 (MF-3), it was determined by the committee members and staff that it would be more feasible to rezone the area to the Single Family Attached District (SF-A) in order to maintain the buffer between the single-family and multi-family districts. As well as, the Single Family Attached District (SF-A) would be more attractive due to increased owner occupation in the neighborhoods. The multi-family zone change would be negative by creating too much density and the buff'er zone would be eliminated. In regards to Chuck ZONING ORDINANCE ADVISORY COMMITTEE MINUTES 09/28/2004 Page 2 of 4 Barnett's request of rezoning all Duplex Districts to Single Family Attached Districts (SF-A), this was discussed as having merit, due to the following reasons: again, more owner occupied structures, redevelopment of the older Duplex Districts, new structures maintaining the look of the duplex, and maintaining the buffer. Staff consulted with Mr. Dillard and determined the normal legal notification process would be sufficient if rezoning were to occur. Mr. Macatee asked if the single family attached structures were larger, than those in the Duplex District. Staff informed the members that the restrictions in the Duplex District were the same as the Single Family Attached District, the only major difference being land ownership. The single family attached district has the lot replatted or split in half and the duplex structures reside on one lot as previously discussed. Both districts have zero lot lines and there were not any negative aspects found by the members in regards to rezoning. Mr. Spies asked if anyone had any further comments, and noted clarification of the rezoning of all duplex districts in regards to lot width was needed. Either, by reducing the required current lot width of the duplex district down to fifty feet (50') to enable the replatting of the lot to two - twenty-five foot lots or allow other sized replatted lots. Staff noted the zoning ordinance could be amended to reflect any changes after an ordinance was created and approved by Council. The legal process was discussed, as well as changing the definition of a duplex and it was decided the rezoning of the duplex district should not be a blanket change. Mr. Dillard recommended possibly eliminating both Duplex Districts, and creating two different Single-Family Attached Districts to allow different regulations. Further discussion included: property owner's rights in regards to rezoning (possibly allowing the owners the choice), discussion on ensuring traditional duplex's would not be eliminated, and the members determined any rezoning of the Duplex Districts would be done on a case by case basis. Mr. Spies asked for a motion. Mr. Macatee moved to allow the rezoning of the Duplex Districts to Single Family Attached Districts or as otherwise outlined by the Planning and Zoning Commission, with a second from Mr. Kohler. The motion was approved unanimously 8-0. Continue discussion fi~om duly 27, 2004 -Discuss/Consider request by Carol Allred, owner/resident of 3668 Asbury, regarding the possible requirement of circular drives, in the case of where a no-parking zone exists on one side of the streeL Staff reviewed previous information submitted in regards to Ms. Allred's request, specifically no parking along the south side of Asbury due to a fire lane. Discussion between staff and members included: changing the impermeable surface requirements in the district and materials, egress of permitted drives (front from street, rear from alley), and implementing a circular drive stipulation for the district. Paving options could include: perforated pavestone, standard concrete and possibly gravel. Mr. McLaurin noted when using perforated pavestone, a fifty percent (50%) credit is given to the builder towards the impermeable coverage ZONING ORDINANCE ADVISORY COMMITTEE MINUTES 09/28/2004 Page 3 of 4 and if installed correctly loose debris from the installation would be minimized. Mr. Roberts stated he believed City Council would like to review the use of gravel. Mr. Smallwood stated if gravel was installed properly and retained, it would be sufficient to use as a parking surface. Members noted no parking would be allowed unless an approved "paved" surface is utilized. As, discussed previously, the covenant or deed restriction would have to be recorded and filed for property owners. Staff noted driveway configurations would have to be modified as well as, possibly allowing head-in parking (when parking is not permitted due to fire lane restricted areas or similar instances). Mr. Dillard stated he would investigate whether a stipulation of circular drives could be imposed. Staff reiterated that the ordinances would have to be revised to reflect any changes. Discuss/Consider request as forwarded by City Council in regards to possible implementation of residential masonry requirements. Staff discussed past Z.O.A.C. meetings, in which the members had found it was not in the best interest of the city, at that time, to impose these requirements. The members believed this would allow different styles of architecture throughout the city. Staff presented a PowerPoint presentation showing different residential structures throughout the city, noting the different materials used for the exterior of the homes. One home in particular, on Stanford constructed by David Weekley Homes, has received complaints of having too much hardy-plank on its exterior. Discuss/Consider request as forwarded by City Council in regards to clarification of allowable projections into side-yards. Staff stated there have been issues with interpretation of the zoning ordinance, specifically: 9-601 Special Side Yard & Building Wall Regulations. The wording used in: (1) projections of windowsills, belt courses, cornices and other architectural features projecting not to exceed twelve inches (12"). Staff noted builders are defining the term, architectural features. At the Z.O.A.C. meeting, staff will provide examples of proposed changes to the verbiage. Discuss/Consider gdinutes fi~om 7/27/2004 Z.O.A.C. meeting. Mr. Spies asked for a motion. Mr. Helbing moved to approve the minutes, with a second from Mr. Biggers. The motion was approved unanimously 8-0. F'ol[ow-up items. Mr. Spies requested additional information from staff regarding item ,53 specifically: information on the fire lane restricted streets, where "no parking" exists. In regards to items #4 and #5 discussion will resume at the next Z.O.A.C. meeting. ZONING ORDINANCE ADVISORY COMMITTEE MINUTES 09/28/2004 Page 4 of 4 E:stablish future meeting date. Mr. Spies verified the next meeting to be on the fourth Tuesday of October 2004. There being no further business before the Committee, Mr. Spies adjourned the meeting. Robert F. Spies, Chairman, Date Z.O.A.C. PLANNING AND ZONING COMMISSION MINUTES September 20, 2004 The Planning and Zoning Commission of the City of University Park met on Monday, September 20, 2004 at 5:30 P.M. in the Council Chamber of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Doug Roach Acting Chairman H. Reed Shawver III Bea Humann Bill Foose Ed Freeman Wade McLaurin - Building & Zoning Administrator Jennifer Patrick Administrative Secretary Rob Dillard - City Attomey Mr. Roach opened the public hearing and introduced the commission members. Mr. Roach noted Mr. West was unable to attend the evenings meeting, and he would be acting as chairman. He then read the specifics of the first case. PZ 04-23 -Southem Methodist University requesting a replat of Lots 7 11 Block 2 of University Hill West Addition, and an unplatted tract of land recorded in Vol. 525, Pg.97, into a single lot to be known as Lot 7R Block 2, of Dyer Court Addition No. 2 of the City of University Park. The property is zoned UC-2. Mr. Roach inquired if the replat conformed to city regulations. Mr. McLaurin stated yes, the replat conformed to city regulations Mr. Roach inquired if there were any favoring/opposing parties in the audience. None came forward. Mr. Freeman asked Mr. Bennett, General Counsel and VP for Legal Affairs and Govemment Relations for SMU, why the replat was necessary. Mr. Bennett stated the replat would simplify the lot, due to the structures crossing the lot boundaries. Mr. Roach closed the public hearing. Mr. Roach asked for a motion. Mr. Freeman moved to approve the request, with a second from Mr. Foose. The motion was approved unanimously 5-0. Mr. Roach opened the public hearing and read the second case. Planning & Zoning Minutes 09/20/2004 Page 2 of 7 PZ 04-24 Amy Bales, representing owner of the property, requesting a replat of Lot 8 Block 1 of Walker's Addition of the City of University Park, more commonly known as 3427 Binkley, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. Roach inquired if the replat conformed to city regulations. Mr. McLaurin stated yes, the replat conformed to city regulations Mr. Roach inquired if there were any favoring/opposing parties in the audience. None came forward. Mr. Roach closed the public hearing. Mr. Roach asked for a motion. Mr. Foose moved to approve the request, with a second from Mrs. Humann. The motion was approved unanimously 5-0. Mr. Roach opened the public hearing and read the specifics of the third case. PZ 04-17 - Consider staff`recommendation to amend Sec. 24-500 of the University Park Zoning Ordinance to update the parking requirements for Southern Methodist University. Proposed amendment replaces the outdated Ownby Stadium requirements with those for Ford Stadium, and updates the provided parking count as a result of the on campus parking structures now in existence. CONTINUED FROM June 21, 2004 & August 16, 2004 meetings. Mr. Leon Bennett, General Counsel and VP for Legal Affairs and Govemment Relations for SMU, responded to previous questions regarding Mustang Express "ridership" figures in the 75206 zip code. In the specified zip code, there are a total of eight hundred sixty-two (862) students with either a home or mailing address. Mr. Foose confirmed the total ridership figure for the Mustang Express to be a projected two hundred eight-three (283) per the supporting documents submitted for review to members. Mr. Dillard noted the ridership figures, did not distinguish between staff or students. Mr. Foose asked for an explanation of the mass transit credit. Mr. Bennett stated if fifteen percent (15%) out of one hundred (100) students were to utilize the Dart system, SMU would receive a mass transit credit for fifteen (15) of those students. Naturally, as the population increases, there would be more of a credit. Mr. Roach thanked Mr. Bennett for providing the ridership numbers as requested. Mr. Dillard noted the Mustang Express and Dart system would help with any stadium events. Mr. Roach closed the public hearing. Mr. Roach asked for a motion. Mr. Freeman moved to approve the request, with a second from Mr. Shawver. The motion was approved unanimously 5-0. Planning & Zoning Minutes 09/20/2004 Page 3 of 7 Mr. Roach opened the public hearing and read the specifics of the final case. PZ 04-22 William E. Strother, representing the owners of the properties of Lots 9-17 Block 45 of University Heights Addition of the City Of University Park, requesting rezoning from Single Family District 2 (SF-2) into the existing Planned Development District 20 (PD-20). Plans will be presented showing a proposed expansion of the University Park Methodist Church campus, including new classrooms & offices, a multi- purpose gymnasium, new parsonages, and on-site parking. Mr. William Strother, Chairman of the University Park Methodist Church Committee and resident of 4201 Stanhope, was introduced and made a brief statement regarding the church's intentions. Due to the acquisition of the ten (10) lots (4001-4037 Colgate) north of the existing planned development, the church would like to expand. The residential structures on the ten lots are currently utilized as rental homes and parsonages. The proposed expansion would include new classrooms, offices, a multi-purpose gym, new parsonages, and on-site parking. Mr. Strother went on to explain the various needs of the church. The church has been working with F & S Partners to create the conceptual/proposed plans for the expansion. Mr. Strother noted there would not be any expansion of the sanctuary, and existing Sunday school classrooms would have a two (2) level, three thousand square foot (3000 sq. ft.) addition constructed to the south (with new stairs and an elevator). The administrative offices will be consolidated with the choir space into the new expansion. Mr. Strother noted from the start of the process, the church was keenly aware of the need to be a good neighbor to the adjacent residents. The church had on two (2) occasions, met with residents, who resided within four hundred feet (400') of the church to address concerns. The church is hoping to be granted the approval of the proposed expansion in order to enhance the neighborhood aesthetically. Mr. Robert L. Shaw, vice president of F & S Partners and resident of 3700 Lovers Lane, was introduced and made a brief statement. All setbacks for the proposed expansion comply with the zoning ordinance requirements. The fencing facing Colgate would be constructed out of iron and red brick (noted Georgian style), with shrubs for screening vehicles. The fencing would slope up one foot (1') to keep in line with the grade. The integrity of the older trees would be preserved, with a mixture of new trees added. Mr. Shaw reviewed the traffic study, noting that by providing a total of two hundred ninety-eight (298) parking spaces, the requirements were surpassed by eighty-one (81). Mr. Dillard asked what the maximum height of the proposed structure was, along Colgate. Mr. Shaw stated the building height would be thirty-five feet (35'). Mr. Dillard inquired if the renderings included a landscape plan. Mr. Shaw replied, yes. The landscape plan included a new bell tower along Preston, which would eliminate five (5) parking spaces along Caruth. The fire lane was reviewed, which would route thru parking lot onto Pickwick. Planning & Zoning Minutes 09/20/2004 Page 4 of 7 Mr. Roach inquired on how long the construction process would take. Mr. Shaw stated based on as to how long the approval process would take, the congregation would have to give input on whether to do construction in stages or all at once. He noted more than likely, they would prefer completing the project all at one time. Mr. Roach asked how long the funds would take to raise. Mr. Strother, noted the funding raising process would take six (6) months. Mr. Shaw stated the design work would take six (6) to eight (8) months and the proposed improvements/expansion would take eighteen (18) months to construct. Mr. Roach asked how the construction personnel parking could be minimized. Mr. Shaw noted there would be plenty of room for the construction personnel parking and for equipment. The church will propose the city abandon the alley between Caruth and Colgate, which would be purchased by the church. A discussion ensued regarding the parsonages capacity and the parking. Mr. Roach asked Mr. Strother, what evening activities the church normally participated in. Mr. Strother stated evening activities for the new structure are not planned at this time. Normally, there would contemporary worship in the gymnasium such as youth musicals. He added it would be a matter of better facilities to hold such events, not necessarily more events themselves. Mr. Roach inquired if basketball games would be held in the evening and noted concern of more use of the gymnasium in the evening hours. Mr. Shaw stated the current gymnasium is too small for activities and with a larger facility; demand for such after school/evening use could increase. Mr. Shaw noted John DeShazo, with DeShazo, Tang and Associates Inc. was available for any questions regarding the traffic study. Mr. Roach inquired if there were any favoring/opposing parties present. Mr. Edward Slaughter, resident/owner of 4028 Colgate, was introduced and noted he was in support of the proposed expansion of the church. He added he had been living on Colgate since July 1965, and over the years had witnessed the church's acquisition of the property in the 4000 block of Colgate. Mr. Slaughter stated he has seen plans of the expansion and believes it would improve the neighborhood. Mrs. Sugie Dotson-Cline, resident/owner of 4012 Colgate, and noted she opposed the proposed expansion. Mrs. Dotson-Cline noted the following concerns: traffic flow increasing on an already narrow Colgate, increased traffic on Preston, the amelioration of the church's main egress on Colgate, the state of disrepair of the existing structures owned by the church in the 4000 block of Colgate, and decreased property value for the adjacent homes. Possible solutions presented by Planning & Zoning Minutes 09/20/2004 Page 5 of 7 Mrs. Dotson-Cline were: decrease the greenbelt area and increase the street width of Colgate by adding an extra lane to accommodate traffic from the day school and other events. Mr. Roach asked Mrs. Dotson-Cline if she had voiced her opinions to the church officials. Mrs. Dotson-Cline noted she was unable to attend any meetings hosted by the church due to her prior commitments. Mr. Jeffrey Wetter, resident/owner of 4000 Marquette, was introduced and made a brief statement regarding his opposition to the expansion. Mr. Wetter added this was the first time he had heard of the churches intentions. Additional concerns noted by Mr. Wetter were: increased traffic which could endanger children, a negative impact on Hyer Elementary school during construction and during operation of the church expansion and general encroachment on the neighborhood. Ms. Carolyn Miller, resident/owner of 4016 Colgate, was introduced and noted her opposition to the expansion. Concerns noted by Mrs. Miller were: increased traffic created by the expansion and infiltration of construction workers in the neighborhood. She added she felt all ramifications had not been considered and the alley should not be abandoned. The original plans presented by the church to the local residents, in previous meetings were not reflected in this evenings meeting. Mrs. Miller again stated she was adamantly opposed to the expansion. Mr. Mark Molthan, owner of the properties at 3932 Colgate and 4000 Normandy, was introduced and noted his opposition. Mr. Molthan is a residential homebuilder, who has built a number of homes in University Park. He purchased 3932 Colgate nine (9) months ago and purchased 4000 Colgate one (1) year ago, with the intention of building a home on 4000 Colgate for his personal use. Mr. Molthan noted the following concems: previous plans submitted indicated parsonages only, a decrease in value of both of his properties, particularly 4000 Colgate, which would face the proposed parking lot and the notification process on the churches behalf in regards to their meetings with the residents. Mr. and Mrs. Robert Carter, residents/owners of 4004 Colgate, were introduced and both stated their opposition. Both residents noted they had been informed of the Planning and Zoning meeting on Monday. The resident's home at 4004 Colgate faces the proposed parking lot; the parking lot would be a clear encroachment into the neighborhood as well as, decrease the property values, and increase traffic into the area. Mr. Carter proceeded to hand out pictures to the members, of fallen tree limbs on the adjacent properties owned by the church. Mr. Freeman asked if the Carter's had an opportunity to meet with the church. Mrs. Carter replied they met with the church on Monday. Ms. Tracey Miller, resident of 4016 Colgate, was introduced and made a brief statement in regards to her opposition. She has been a resident in University Park for thirty-five years and is a teacher at Hyer Elementary. The gymnasium expansion, without expansion of the sanctuary was questioned, and additional traffic created by church members attending services whom live outside of the Park Cities. Concems noted by the resident were as follows: increased traffic on streets/alleys and safety issues for children. Possible solutions were: residential structures owned by the church could be refurbished and an alley or street could be constructed within the property lines of the site. Planning & Zoning Minutes 09/20/2004 Page 6 of 7 Mr. John DeShazo, with DeShazo, Tang and Associates Inc. 330 Union Station Dallas, TX., was introduced and came forward to address the numbers presented in the traffic study. Mr. DeShazo noted the proposed expansion would have a negligible impact on traffic in the area. A discussion ensued with Mr. DeShazo, members and the audience in regards to the proposed Preston drive-thru and pick up/drop off`for the day school. Three cars could utilize the drive thru at one time, and it would be one way. Parents could pick up children from the day school either on Pickwick or on Colgate. It was noted by the audience if the alley was eliminated, the traffic would congest Colgate. Mr. Roach asked Mr. DeShazo if the day school was focused on in the traffic study. Mr. DeShazo stated no, the day school was not calculated. Mr. Foose asked what time children were picked up from the day school. Mr. Shaw stated the day school starts later in the morning than the local elementary schools, and children are normally picked up earlier due to half-day classes. Mr. Roach asked if members had any questions. Mr. Foose asked what sections of the proposed expansion the church prioritized. Mr. Strother stated the Sunday school expansion and parsonages were some of the priorities. He went on to reiterate the use of the gym facilities for various choir functions/musicals (not concerts). As well as, Mr. Strother addressed the concem presented by Mr. and Mrs. Carter regarding the fallen tree limbs, noting the limbs were disposed of and he had met with landscapers. He apologized for the lack of communication regarding the church's intentions, stating the architectural plans had not been knowingly been altered. Originally, the model for the expansion was three-dimensional, and three (3) different locations were discussed for the parsonage placement. Mr. Foose asked if underground parking had been considered for the project. Mr. Strother stated, yes, it had been considered, but was too costly, and there was enough area for the building addition and parking lot. Mr. McLaurin pointed out a gate included in the fence, around the parking lot, facing Colgate, and asked if the purpose was to shut off`traffic flow onto Colgate. Mr. Strother replied, yes, the purpose was to direct more of the traffic flow onto Preston versus the neighborhood. Mr. McLaurin stated a primary concem would be removing the entrance on Colgate and directing the traffic on the major thoroughfares. Mr. Strother stated he agreed, and could certainly do so. Planning & Zoning Minutes 09/20/2004 Page 7 of 7 Mr. Roach closed the public hearing, noting concem of four to five different residents lack of knowledge regarding the churches intentions. Mr. Roach asked for a motion. Mr. Freeman moved to allow additional time for the church and community to work together and recommended the case be taken under advisement and continued to the October 18, 2004 Planning and Zoning Meeting, with a second from Mr. Shawver. The motion was approved unanimously 5-0. Mr. Roach asked for a motion on the minutes from the August 16, 2004 Planning & Zoning meeting. Mr. Freeman moved to approve the minutes, with a second from Mr. Foose. The motion was approved unanimously 5-0. Mr. Roach noted a boy scout from Troup #82 was in attendance, to achieve obtaining his communication merit badge. There being no further business before the Commission, Mr. Roach adjoumed the meeting. Approved by: Planning & Zoning Commission Date: AGENDA MEMO (10/20/04 AGENDA) DATE: TO: FROM: SUBJECT: October 14, 2004 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Extension of deadline for 4305 Greenbrier - Kenneth Crozier BACKGROUND: A hearing was held on August 3, 2004 before the City Council regarding the condition of the property at 4305 Greenbrier, owned by Mr. Kenneth D. Crozier. After reviewing photos and staff files, the Council determined that the property was a public nuisance as a result of the overgrowth and junk that had been allowed to accumulate on the property. Mr. Crozier was given sixty days to bring the property into compliance. Mr. Crozier was contacted on October 4th by Code Enforcement Officer Mike Brackin in order to set up a time in which he could inspect Mr. Crozier's property to determine if all of the violations had been corrected. Mr. Crozier agreed to meet Mike at 9:00 a.m. on Monday the 1 lth to inspect the property. Mr. Crozier then proceeded to show up at the th October 5 City Council meeting and ask the Council for an extension to his original deadline, without the knowledge of Building The Council asked him to return on October 20 to discuss the situation further. Department Stafl~ th PUBLIC NOTICE: N/A RECOMMENDATION: Staff recommends that no additional time be granted to the property owner for correcting the violations on the property, and that the Council ask the City Attomey how best to proceed. An independent contractor will be hesitant to enter the property without the approval of the property owner. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM 4305 Greenbrier.doc 2:13 PM 10/14/04 AGENDA MEMO (10/20/04 AGENDA) DATE: TO: FROM: October 13, 2004 Honorable Mayor and Members of the City Council Jim Criswell, Director of Information Services SUBJECT: Citizen Committee Information for Web Site The Information Services Staff recently received a request from Doug Bruton, a Leadership UP graduate, and recent addition to the Public Safety Advisory Committee, to consider adding membership and scheduling information to the section of the City Web Site that lists all Citizen Advisory Committees. Currently, that section of the Web Site contains a paragraph explaining the purpose of the committees in general, and directs the citizen as to the process for applying for membership on one of the committees. It also has a brief explanation of the specific purpose and duties of each committee. City Staff is proposing a discussion so that Council may provide direction as to the types of information that should be included in the Citizen Committee section of the Web Site. Items to consider would include member names, contact information, meeting schedules, etc. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Nina~Agenda Memo - Citizen Committees.doc 9:15 AM 10/14/04 The Citys statutory commi ees and citizen advisory committees are comprised of volunteer residents as well as an opportuni y for he Cy to benefit from he cons derabe expertise represen ed by Un versty Park res dents Becre ary a 2149875303 er city-secretaw~uptexas, or~ er down cad hr~ Beard C~mmit:: e Mamb~mhip Application Board Committee Membership Application Download PDF Reader Siattitory Committees - The statut;)ry boards are required by Texas law asd empowered to give opinions and grant varances to City oral nan es ~,ihn their subj..ct area Board of Adjustment Planninq and Zoninq Commission Advi~o cram ees- The advisel? ceTmiitees xist to make recomr, endatio s and ve advice based p (FRAG) Cable TV Franchise Renewal Grou Capital Projects Review Employee Benefits Finance Legislative Pa rk Propelty Casualty and Liability Insurance Public Safety Public Works Urban Desiqn and Development Zoninq Ordinance Autherties are authorzed te ssuetax-gxempt debtforthe prpose ef makn leas te privatr?, caleges and univemites n Texas The Beard of Dmctom for each Authority s appointed for a twoy,garterrn Southwest Higher Education Author ty Board of Directcrs Texas Higher Educat on Authority Boa~d of Directors top of page ~ m and three altr;rnato me. tubers It s aquas udicial body wth ~urisd ction to war and decals appeals of special exceptiom~ to the terms~ of the Bign Ordinance All meetings are open >ublic hearings theSty%e nc,ithear mquer~sferPP~nnedl]ewdep~mXa, Speefe'Ja P¢*m~ t%, emendments to the pedormance of he provid~)r idenify cernmunity ne~)ds teated to cable TV and hih-speed intemet Upon cor~pletian of this task, FRAG will disbard ~ top of page ~ pJannngaxCfun Jng 30 ;mr:eedute~ncude: Reviewing the City's Capital Impr)vement Program (CIP) annually and making a recommendation to the cry Councl regard ng adept an: Ce sidering requests for ddtonsormodfcatonstot-~eCIP M..e ng on a regu ar basis .e rev,w th,. status of apprev, d capel projects t'~e Ciy's employee pay practic..s and b_ efits The oommi ee r,~iews th. p~opes~d saary erdinar*c health, life and ong t,sm disabiity insurance pr)pos..d hangea to th,s ret rement ays.~m and proposed ~iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii8iii changes to benefits such as sick leave and vacation ime ~ top o{page ~ Biaaace - Ths comm ~.'.ee advises and makes recommendat OhS to the Cty Counc Iega ding the financ al activities of the City These act vit es ncude the annual budget and plopelty tax rate recommendat OhS, theannualfnancialstaemens investmen policy and reports and captal needs ha might require the ssuance oi debt The comm itee meets quar!e~ly kegislalk*e The comm tree reviews federa and state legislat on that may have bear ng upon the Park-Thecomm ee evewspolicesandprogramsthatconcentheCtyspaks, such as ma ntenance d pi g th construct on an anning The comm ~ee also revews fees and other user regu at cna regardin e parks tenns com~s Goat Park pavilion and the swmm ng pool ~ top of page ~ Prope~y Casualb~, aod Liability* ~s~a~¢e This commil~ee monitors and makes recommendations o the C~ty Counml regard ng the Cty s insurance needs and purchases for proper~y, casuaty liability and workers compensat on nsurance The Corem Eee revews the status of the Se~fdnsurance Fund clams and safety programs ~top o{page ~ The Comm tree rev ews and monto s ssues re,at ng to ponce and fire protection and gves commun ty members a forum to d~scuss concerns The committee also may revew and make ecommendations as ass gned by the Cty Council ~t p f~ 9 ~ Pab~ic ~orks - The Comm~t:~ee rev ews the polimes and projects of the Publk> VVorks Department and proved s a forum for o~tizens to gN' the) opinions about processes and d oisons e~ated to the depaitment ~top o{paga ~ U~baa Oesiga sad Oevelopmeat Advisory (OOAOAC} - The Commiltee stud es p oposed and exst ng projects ordnances and operat cna oi the City fol ther aesthet c mpac and makes lecommendat on 1o the Council The commi ee may comment on anyth ng from the City's official logo to he building code rega ding satellite dishes ~ top o{~age ~ Zoai~Ig O~dinaaee advismt~ (ZOAC The Committee stud es the ssues related to the City's zonng and/ ol buiding codes The ssues may be bought tothe commg;ee by cry slaff the Planning and Zoning Commission or he City Council ~ top o{page ~ Southwest Higher Ed~eatiol] Authoribj Board of BireetoB The Board created as a non prot: corporat on under the Texas Educalion Code ads non proft nsttut ons of hgher educat on n fnancing educational and housing faci i les Ths pat cu ar authori y was created solely o aid Southern Methods Univers ty Texas Highe~ adacatiea aathority Board of BkeetoB - The Boad is a non-p ofit corpora on ceated undo the Texas Education Gode The Auihor y so,Yes nsiutons of hgher educaton at lalge n ihe slate by making iow cos loans for school faci ities !J~BATE PROF LE