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HomeMy WebLinkAboutAgenda Web 11-06-2007 AGENDA #2722 CITY OF UNIVERSITY PARK CITY COUNCIL MEETING COUNCIL CHAMBER – CITY HALL MODULAR BUILDING TUESDAY, NOVEMBER 6, 2007 5:00 P.M. 3:00-3:30 P.M. DISCUSS: WORK PROGRAM FOR ZONING AND SUBDIVISION REGULATIONS – City Hall, Fire Department Training Room 3:30-4:00 P.M. EXECUTIVE SESSION: UNDER SECTION 551.071 AND 551.072 OF THE GOVERNMENT CODE, FOR CONSULTATION WITH THE CITY ATTORNEY REGARDING A ZONING MATTER AND POSSIBLE SALE OF POTOMAC PARK PROPERTY. NO ACTION WILL BE TAKEN – City Hall, Fire Department Training Room 4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW – City Hall, Fire Department Training Room PUBLIC COMMENTS Questions and comments regarding Main Agenda items should be made when that item is addressed by the City Council. Please be advised that under the Texas Open Meetings Act, the Council may not discuss or act at this meeting on a matter not listed on the Agenda. Other questions or private comments for the City Council or Staff should be directed to that individual immediately following the meeting. I.CALL TO ORDER INVOCATION– Councilmember Kelly Walker PLEDGE OF ALLEGIANCE – Councilmember Kelly Walker/Boy Scouts – INTRODUCTION OF COUNCILMayor James H. Holmes, III INTRODUCTION OF STAFF– City Manager Bob Livingston II.AWARDS AND RECOGNITION DEPARTMENT PIN: Sanitation Driver III, Freddy Ramirez, 25 years PRESENTATION: Certificate of Appreciation Award to Dr. Stephen W. Burgher PRESENTATION: Unit Commendation Award to members of the Fire Department’s C Shift III.CONSENT AGENDA A.CONSIDER AND ACT: On an Ordinance designating a 2-Hour parking restriction along the north and south curb lines of the 2900 block of Fondren and along the east curb line of Dublin, between University and McFarlin B.CONSIDER AND ACT: On a Proposal from Waters-Oldani Executive Recruitment firm for recruitment of a Fire Chief C.CONSIDER AND ACT: On the Cooperative Purchase of Chevrolet Impala Police Package Vehicles (PPV) D.CONSIDER AND ACT: On Approval of City Council Meeting Minutes for October 23, 2007 IV.MAIN AGENDA A.DISCUSS: Possible Valet Parking regulations B.CONSIDER AND ACT: On approval of purchase of Stop Loss Insurance and Claims Administration Services for Self-Insured Health Plan C.CONSIDER AND ACT: On a Proposal for a Chartering Session with CH2M Hill for Third Party Plan Review Services D.DISCUSS: The Ordinance requiring concrete paving between the rear property line and the alley pavement E.CONSIDER AND ACT: On an Ordinance providing for the closure of the gate on St. Andrews Drive at all times except for necessary operations F.CONSIDER AND ACT: On an agreement with MC Townhomes I, LP for the exchange of property adjacent to the Peek Service Center G.REPORT: Regarding the feasibility of one-way streets in the area bounded by Lovers Lane, Daniel, Dickens, and Hillcrest H.CONSIDER AND ACT: On a Resolution naming a Candidate for DCAD Board I.CONISDER AND ACT: On a Resolution adopting a Five-Year Capital Improvement Program and FY 2008 Capital Budget J.CONSIDER AND ACT: On an Ordinance amending the FY2008 Budget K.DISCUSS: Providing direction to Staff regarding regulating the use of cellular phones in school zones V. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda should do so at this time. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any Agenda items listed herein. AGENDA MEMO (11-06-07 AGENDA) DATE: October 30, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider Ordinance No ___ designating a 2-Hour parking restriction along the north and south curb lines of the 2900 block of Fondren and along the east curb line of Dublin, between University and McFarlin. Background. The City Council approved an ordinance at their 10.23.07 to designate 2-hour parking restrictions along the following streets: Fondren, from Boedeker west to Dublin (north curb line); Fondren, from Boedeker west to Dublin (south curb line); Dublin, from University south to McFarlin; When I asked the City Attorney to draft the aforementioned ordinance, I failed to inform him of the neighborhood request that the time limit apply on Monday through Friday, 8 a.m. to 4 p.m., on school days. The attached ordinance has been modified to incorporate the request. Consideration. Staff recommends City Council approval of the 2-HOUR PARKING ordinance, with modifications. ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING FOR MORE THAN TWO HOURS IN THE 2900 BLOCK OF FONDREN AND ON DUBLIN FROM THE POINT OF ITS INTERSECTION WITH UNIVERSITY SOUTH TO THE POINT OF ITS INTERSECTION WITH MCFARLIN, ON SCHOOL DAYS MONDAY THROUGH FRIDAY FROM 8:00 A. M. TO 4:00 P. M.; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 07/36 AND ALL OTHER 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful and an offense for any person to leave, stand or park any motor vehicle in the 2900 block of Fondren, or on Dublin from the point of its intersection with University south to the point of its intersection with McFarlin, for more than two (2) hours on school days, Monday-Friday, from 8:00 a. m. to 4:00 p. m. SECTION 2 . That Ordinance No. 07/36 and all other ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. 15388 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. The parking restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of November 2007. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ KATE SMITH, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/10-16-07/21269) 15388 AGENDA MEMO (12/05/06 AGENDA) DATE: November 2, 2007 TO: City Council FROM: Luanne Hanford SUBJECT: Recruitment for Fire Chief As you know, our current Fire Chief, David Ledbetter, has announced his retirement effective the end of February, 2008. We need to begin recruitment efforts for a new Fire Chief as soon as possible. Attached is a proposal from Waters-Oldani Executive Recruitment in the amount of $19,500. We have used the Waters-Oldani Consulting Group recently for recruiting for the positions of Police Chief and Deputy Fire Chief. I would recommend acceptance of this proposal. RECOMMENDATION: Approve proposal from Waters-Oldani Executive Recruitment in the amount of $19,500. October 12, 2007 Ms. Luanne Hanford City of University Park 3800 University Blvd. University Park, TX 75205 (Transmitted via email to: lhanford @uptexas.org Re: Request for Proposal – Executive Recruitment for the position of Fire Chief Dear Ms. Hanford: I appreciate the opportunity to submit our proposal for executive recruitment services for your Fire Chief. : It has been our experience that satisfied clients expect one principal outcome from the recruitment effort A highly-qualified candidate available to be employed as soon as possible. We are confident that you will be completely satisfied with our comprehensive process and the outcome. We are so confident in our comprehensive recruitment process and outcome that we offer a triple guarantee of our performance, which is described in detail on page 3 of this proposal. Our team of recruitment consultants (see bios starting on page 10 of the proposal) has provided executive recruitment services nationwide for over 30 years, principally to public organizations. We have established a reputation for a relentless commitment to high quality with our process and our candidates. We know that you have options for using other recruitment firms. However, we believe that our approach sets us apart from our competitors in the following important ways: Triple Guarantee™ Our(see page 3); Meticulous development of the Candidate Profile prior to Advertising/Marketing (see page 4); Comprehensive, in-depth screening and evaluation of Candidates, including the use of our CareerNavigator™ proprietary, validated assessment - (see page 6); Rigorous review of Candidates’ References and Background (see page 7); Our highly-accessed web site () by prospective Candidates; and Our superior nationwide relationships with high-quality Candidates for marketing new positions. The proposal document will provide you the details about our approach, expertise, client references, and pricing for this executive recruitment. Also, if you have any questions, please contact me directly at 817.965.3911 or by email at . We would consider it a professional privilege to provide these services to the City of University Park. Sincerely, Charles (Chuck) S. Anderson CEO of Waters-Oldani Executive Recruitment A Division of The Waters Consulting Group, Inc. THE WATERS CONSULTING GROUP, INC. PRODUCTIVE MANAGEMENT CONCEPTS 5050 Quorum Drive Suite 625 Dallas, Texas 75254 972/481/1950 972/481/1951(Fax) -Dallas Seattle Cleveland Austin- The City of University Park is considering the use of an outside consulting firm to assist in the executive recruitment program for your new Fire Chief and has requested a proposal describing a work plan and project approach from Waters-Oldani Executive Recruitment (Waters-Oldani), a division of The Waters Consulting Group, Inc. With this in mind, we provide the following for your consideration. Throughout the assignment, the Waters-Oldani team will serve as technical advisors to your organization, serving to ensure that the recruitment process is conducted in a professional and effective manner. The objective of Waters-Oldani will be to generate a highly qualified group of candidates from whom you may select for a new Fire Chief, as well as assist you in the evaluation process of such candidates. Due to our broad reaching professional relationships with hundreds of public sector entities across the nation, Waters- Oldani is positioned to confidently promote this position to prospective candidates as a positive career and personal growth opportunity quickly. Since our firm’s beginning, we have emerged as a leader in executive recruitment. It is our 30+ years of consulting experience, coupled with our unique approach and personal touch that drives our internal standard for delivering only outstanding services and leading-edge products. In addition, Waters-Oldani is positioned as the largest privately held executive recruitment firm in the nation, with a focus on the public sector. This kind of strength will prove to be invaluable for a recruitment of this nature. With any consulting assignment, but particularly with an executive recruitment project, reliable, consistent communication is fundamental to project success. At key points during the assignment, Waters-Oldani consultants will meet, either by phone or in person, with appropriate leaders from your organization to discuss the progress of the recruitment and to review subsequent steps in the recruitment process. These regular overview sessions are vital in helping to ensure success with the recruitment assignment. We have helped hundreds of public sector entities over the years with executive recruitment challenges. We pride ourselves in the fact that we bring a high level of personal commitment to everything that we do. We get to know our clients – their concerns for success, their strategic goals and their operational culture. But our intense professional commitment does not stop with our clients. Time after time, we have candidates who were not selected for positions call to extend compliments and thanks for how they were treated during our recruitments. Many have stated that we provided the best recruitment experience in which they have ever participated. © 2007-The Waters Consulting Group, Inc. Page 2 Client satisfaction is important to all organizations, but to our firm, it is our chief focus. In our business, referrals and recommendations are the keys to success – not to mention longevity. Later in this proposal, a list of references as well as a partial client list will be provided for your further consideration. We have a full and seasoned staff of professionals to deliver quality services with minimal effort required from you. However, to assist in the project, we suggest that your organization designate a Project Manager to serve as Waters-Oldani’s primary contact for the recruitment assignment. Depending upon the chosen tasks, your Project Manager will facilitate such functions as coordinating meeting times and places, arranging for meeting updates and any other coordination of recruitment activities including the review of the draft brochure/profile and related advertising. Of course, our team of consultants will work to thoroughly review your goals in regard to the recruitment by conducting an initial planning meeting as well as how much can be offered in terms of providing resources for the stated coordination efforts. During this project, the mission of Waters-Oldani will be to assist your organization in the selection of a seasoned, well-respected and innovative leader that has the ability to assist in the accomplishment of the goals and objectives as required of the position. Our Triple Guarantee is defined as: (1) A commitment to remain with the recruitment assignment until you have made an appointment for the fees and tasks quoted in this proposal. If you are unable to make a selection from the initial group of finalists, Waters-Oldani will work to identify a supplemental group; (2) Your executive recruitment is guaranteed for two years against voluntary resignation or termination for cause of the candidate. Within the first year, the replacement recruitment will be repeated with no professional fee and charges incurred only for project-related expenses. During the second year, the replacement recruitment is reduced to 50% of the professional fee plus project-related expenses. Candidates appointed from within your organization do not qualify for this guarantee. This guarantee is subject to further limitations and restrictions of your state laws. Additional services include a performance appraisal and review after 12 months of service of the appointed candidate, with no professional fee charged to you. The only cost you would incur in this case would be the reimbursement for any project-related expenses; and (3) Waters-Oldani will not solicit any candidates selected under this contract for any other position while the candidate is employed with your organization. © 2007-The Waters Consulting Group, Inc. Page 3 This important first step in the recruitment process will involve the development of a comprehensive profile/brochure describing the minimum qualifications, desired experience, personal characteristics, and other factors that will make a person likely to be a success in the position of Fire Chief. Waters-Oldani will meet with your leadership team, as appropriate, to discuss the required background and experiences for the new Fire Chief. (Many of our previous recruitments have involved an open-community approach to profile development, and we have found this to be an excellent way to broaden our perspective on the qualifications needed for the position. We would be pleased to provide information relating to fees for this additional step if requested.) In the development of the profile, Waters-Oldani will also gather organizational charts, budgetary information, operational reports and other documentation describing the operations and workload of the position, as necessary. Additionally, we will use our knowledge of current developments in the operations of the public sector to further assist you in the development of the qualifications for this position. Consideration will be given to requirements such as formal education and specific work experiences. We understand the importance of developing truly meaningful position requirements that meet the current needs of your organization that also complement your culture, goals and objectives. Based upon the results of the discussions with your organization, Waters-Oldani will develop a customized profile/brochure that represents a comprehensive view of the background, experiences and other qualifications important for a successful Fire Chief. The draft profile will be presented to you for review and final approval/edits prior to initiating the solicitation and advertising strategy. In order to conduct an open recruitment and to encourage applications from a diverse pool of candidates, Waters-Oldani will work with you to develop a comprehensive advertising strategy to notify potential candidates about the vacancy. Advertisements will be placed in appropriate professional publications, local newspapers of record and on Internet bulletin boards as approved by you. Draft ads will be submitted to your organization for approval prior to publication. Waters-Oldani has direct access to the Internet through our heavily trafficked Web site at www.watersconsulting.com and targeted e-mail (search@watersconsulting.com). Additionally, we will use these resources to communicate with prospects and candidates as appropriate directly as well as direct phone calls. The aggressive advertising campaign for top talent will include national, regional, in-state and local elements as determined during our initial meetings with your organization. We will work to create an appealing brochure in order to submit to © 2007-The Waters Consulting Group, Inc. Page 4 candidates in both a printed and electronic format. Additionally, our presence at appropriate public sector conferences will be used to further promote the position (as occur during this recruitment and in which we are a participant). A solid and effective advertising strategy will help to ensure that we conduct an open recruitment. Waters- Oldani is committed to making sure you meet your commitment to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, disability, gender or religion. Once the profile for the new Fire Chief has been created, Waters-Oldani will implement the campaign to address prospective candidates on a national, regional, in-state and local basis (as determined). Using the information provided by the profile and developed in Task I, Waters-Oldani will seek to identify individuals who would be outstanding candidates for the position of Fire Chief. Often, potentially well- qualified candidates are not actively seeking new employment and will not necessarily respond to an advertisement. However, if a potential candidate is presented with the opportunity directly and in the proper manner, he or she may apply. We take pride in our ability to locate quality candidates across the nation based on our professional contacts and relationships. In addition, Waters-Oldani will send direct informational mailings to key public sector associations and organizations across the nation. During this assignment, we will use our knowledge of the public sector to identify and contact individuals who may be candidates or who may know of potential candidates. Waters-Oldani has reliable contacts from coast to coast. We will contact individuals identified as potential candidates to discuss the career opportunity presented by your organization. The objective of this effort will be to further identify highly- qualified individuals, and then to interest these potential candidates in submitting a résumé for your consideration. We have established networks with minority and female leaders throughout the nation and are proud of our record of placement of qualified minority and female candidates. Waters-Oldani has adopted a corporate policy of equal employment opportunity and will not participate in any recruitment effort where these principles are not followed. Our record of combined successful placements of candidates from affected classes from our public sector recruitments is in excess of 40%. In addition, we are charter members of NFBPA and their Business Advisory Committee and the Hispanic Network among other minority and women focused-organizations sponsorships. © 2007-The Waters Consulting Group, Inc. Page 5 Our recruiting efforts generally identify a significant number of applicants, depending upon the position and the availability of skills in the marketplace. From this group, we review the credentials of each applicant including internal candidates based on his/her résumé, referral source comments (for external candidates only) and when appropriate, telephone interviews. We compare this information to the requirements developed in the recruiting profile and generate a spreadsheet list of qualified candidates whose backgrounds and experience most closely fit the requirements of the position. We believe that one of the strengths of the Waters-Oldani recruitment process is our hands-on management and care of candidates during the process. Each candidate submitting a résumé is sent a timely acknowledgement by Waters-Oldani giving an approximate schedule for the recruitment. Further communications are maintained with each candidate regarding information about the recruitment progress and, at the conclusion of the project, rejection notifications are sent. We take pride in the many complimentary comments made by finalists and non-finalists regarding the level of communication and the professionalism with which they are treated during our recruitments, which is also a positive reflection on your organization. After obtaining authorization from you, Waters-Oldani conducts in-depth interviews (either by phone, in person or via video conference) with each semi-final candidate. Our interviews are conducted with a targeted and customized set of questions developed by Waters-Oldani to measure management skills, interpersonal traits and characteristics deemed most important to the Organization. These inquiries are combined with a list of questions developed specifically for the position using issues identified in the profile development. As part of our thorough screening of candidates, we also utilize our content-validated behavioral assessment and success profile system CareerNavigator™. Our unique and customized approach to recruitment features a content-validated competency model that measures the core competencies of public sector leaders in conjunction with a comprehensive psychological assessment. In short, it helps to identify those competencies that are proven to make a candidate much more likely to be successful in a certain position of leadership. Our CareerNavigator™ Competency Model and Assessment System go far beyond the core competencies most organizations use to assess candidates in the public sector. It compares innate, behavioral characteristics with the full range of core competencies our research identified to predict with greater accuracy a candidate’s likelihood of success on the job. This approach reaches well beyond the scope of interviews, to provide insightful, statistically reliable information that public sector organizations can utilize in selecting, retaining and developing top-performing future executives. In addition, CareerNavigator™ generates specific questions for individual candidates based upon their © 2007-The Waters Consulting Group, Inc. Page 6 responses to the assessment. These questions are included in the in-depth interview conducted by the Waters-Oldani consultant. CareerNavigator™ also generates specific questions to be used in the reference calls conducted as part of Task IV. At the conclusion of our interview process, we will meet with you to recommend final candidates. After discussion, if your organization agrees with our recommendations, Waters-Oldani will provide detailed written evaluations of the candidates. Once you approve the group of finalists, Waters-Oldani will begin the reference checking and background process. Waters-Oldani will obtain a list of up to ten work-related references for each finalist. Telephone contact is then made with selected references and sometimes with others in the specific industry that may know of additional accomplishments and work experiences of the candidates. The purpose of the reference interviews is not to solicit negative comments about the candidates, although the process may generate some. The purpose is to allow Waters-Oldani to complete our understanding of the actual work experience and personal characteristics of the finalists. Specific questions to be asked about the candidates will be developed from the profile approved by you as well as the CareerNavigator™ assessment. In regard to formal background investigations, Waters-Oldani is pleased to partner with PSI Investigation Services in the gathering of information about the financial history and the review of court records for each final candidate. This background investigation, coupled with our reference checking techniques, helps to ensure a sound selection process. Background investigations are conducted in the areas of: Consumer Credit Bankruptcy County Criminal State District Superior Court Criminal County Civil Litigation State District Superior Court Civil Litigation Judgment/Tax Lien Federal District Criminal Motor Vehicle Federal District Civil Litigation Upon completion of Tasks I through IV, Waters-Oldani will submit a Final Candidate Report recommending a group of finalists for you to interview. Typically four to six final candidates will be identified. Our report will summarize the work experiences and educational backgrounds of the candidates drawn from the résumés and from the initial interviews and background checks. Waters-Oldani will also summarize the results of the reference investigations. In addition, the report will include general guidelines for applicant interviewing and suggested interview questions for your interview panel to use in conducting the interviews. A list of suggested questions can be very helpful to the interviewer by ensuring consistency and guarding against straying into potentially legally dangerous areas of inquiry. Waters-Oldani will also discuss with you the subsequent and optional steps in the total interview process © 2007-The Waters Consulting Group, Inc. Page 7 and will make recommendations concerning the final evaluation of the candidates. During this phase of the recruitment, our consulting team plays a major coordinating role. We will participate in final interviews as either an observer or active panel member at your request and are available to answer questions and assist you in final section and evaluations. In addition, Waters-Oldani will assist you with the development of a compensation package with the successful candidate. Alternative and optional approaches during this time may include the use of an interview panel, assessment center, and/or personality/behavioral assessment tools. Below is an estimated timeline for the Executive Recruitment process with Waters Consulting. Our timeline consists of approximately 90 days from the beginning of the Profile Development (Task 1) to the Final Process/On-Site Interviews (Task 5). Ü»­½®·°¬·±² ±º É»»µ­ Õ»§ Ю±¶»½¬ и¿­»­ ðïðîðíðìðëðêðéðèðç ïð ïï ïîïí и¿­» × Ì¿­µ ï Ю±º·´» Ü»ª»´±°³»²¬ ú ß¼ª»®¬·­·²¹ и¿­» ×× Ì¿­µ î λ½®«·¬³»²¬ ͬ®¿¬»¹§ ¿²¼ ×¼»²¬·º·½¿¬·±² ±º Ý¿²¼·¼¿¬»­ Ì¿­µ í ͽ®»»²·²¹ Ю±½»­­ ¿²¼ ײ·¬·¿´ λ½±³³»²¼¿¬·±² Ì¿­µ ì Þ¿½µ¹®±«²¼ ײª»­¬·¹¿¬·±²­ñ λº»®»²½» ݸ»½µ­ñß½¿¼»³·½ Ê»®·º·½¿¬·±²­ и¿­» ××× Ì¿­µ ë Ú·²¿´ Ю±½»­­ ñ λ½±³³»²¼ Ú·²¿´·­¬­ñѲ󭷬» ײ¬»®ª·»©­ ©·¬¸ Ý´·»²¬ © 2007-The Waters Consulting Group, Inc. Page 8 Waters-Oldani emphasizes the importance of custom-designing projects to meet our clients’ specific needs. In executing the executive recruitment assignment, we will tailor our approach to address the issues unique to your organization’s working environment. On every project, we assign a Senior Project Consultant and a carefully chosen team of support professionals to carry out assignments in an effective and efficient manner. Our Senior Project Consultant will interface with you to confirm the finalized scope of the project, schedule and the resources needed to successfully meet our commitments in a timely manner. An exact project schedule will be determined after consultation with you and may be adjusted as necessary. Attached you will find the bios of our Senior Project Team Consultants. The Lead Project Consultant for your project will be Chris Hartung from our Dallas, Texas office. You will find Chris’ bio and the bios of our consultant team on the following pages. © 2007-The Waters Consulting Group, Inc. Page 9 Charles (Chuck) S. Anderson is the Chief Executive Officer for the Waters-Oldani Recruitment Division within the Waters Consulting Group (WCG). In this role he also is a senior consultant within the HR Consulting Division for projects related to organizational design and development, strategic planning, and leadership/management development. Prior to joining the WCG, Chuck worked for local governments and public education, including City Manager for Dallas, Texas; Executive Director for the Dallas Area Rapid Transit (DART); and Executive Director for the Michigan Education Association. Chuck also served as Director for Local Government Reform for the International City/County Association (ICMA), managing a U.S. government contract for the planning and delivery of technical assistance to local governments in Central and Eastern Europe. His last assignment in this role with ICMA was to recruit and supervise a team of technical consultants to assist in re-building local governments in Bosnia following agreement on the Dayton Accords. During his service with the Michigan Education Association, Chuck also served as Senior Consultant for Urban Planning and Management for Michigan State University’s Institute for Public Policy and Social Research. Executive Recruitment Leadership/Management Development Organizational Design Organizational Development Chuck received a Bachelor of Arts degree in political science and human resources management and a Masters of Public Administration degree from the University of Kansas. He received the prestigious L.P. Cookingham Award for Development of Young Professionals from the International City/County Management Association (ICMA) and the Minority and Women Advancement Award from the American Public Transit Association (APTA). He was also recognized as Public Administrator of the Year by the American Society of Public Administration (ASPA) and Outstanding Management Innovator (Honorable Mention) by ICMA. © 2007-The Waters Consulting Group, Inc. Page 10 Ted Benavides works as a Senior Vice President for The Waters Consulting Group, Inc. for special projects with a focus on organizational analysis, strategic design, and compensation analysis. He is the former City Manager of Dallas and joined The University of Texas at Dallas (UTD) in January 2005 as a faculty member in the School of Social Sciences’ Public Affairs Program. Ted served from 1998 to 2004 as City Manager of Dallas, Texas. There, he was responsible for administering all programs and services for the city’s 1.2 million people and overseeing an annual $1.9 billion municipal budget and directing a workforce of 12,500 employees. From 1996 to 1998, Ted was City Manager of the City of Denton, Texas, and from 1990 to 1996, he served as one of five Assistant City Managers in Dallas. While in Denton, Texas, Ted was also responsible for the management of Denton Municipal Electric. Previously, he held a number of other positions with the City of Dallas, including director of the Budget and Research Department, assistant director of the Health and Human Services Department, assistant director of capital budget programs, capital budget administrator and budget analyst. As City Manager of Dallas, Texas, and Denton, Texas, Ted has extensive experience in executive search. He has recruited and selected individuals for positions as diverse as Assistant City Managers, Department Directors, and Assistant Directors from a wide range of professional fields and backgrounds. In addition he has developed and implemented recruitment efforts for public sector employees for such categories as uniform, professional, administrative, technical, trades, and clerical. Organizational Analysis Classification and Compensation Studies Skill-based Pay Employee Surveys Leadership Training Executive Search Ted earned his bachelor’s degree in education, political science, and history from Texas A&I University (now Texas A&M University-Kingsville) and a master’s degree in public administration from Southern Methodist University. He is also a graduate of both Leadership Dallas and the Executive Institute of the Texas Municipal League at the LBJ School of Public Affairs in Austin and is a fellow of the National Academy of Public Administration. Ted serves on the board of directors of the National Forum for Black Public Administrators and is the Vice-Chair of the Texas City Management Association University Relations Committee. He was named Public Administrator of the Year in 2004 by the North Texas American Society of Public Administration. © 2007-The Waters Consulting Group, Inc. Page 11 Jerry Oldani’s expertise and personal attention to client needs exceeds traditional approaches to executive search. His search leadership reflects his extensive background in corporate management, human resources, consulting and community service. He often serves as an expert panel member at professional symposiums in the area of executive search. His skill at conducting analyses of complex public sector organizations sets the industry standard. His insights into both corporate and public sector management and thorough research and evaluation of candidate’s backgrounds have become hallmarks of the firm. For the last several years, Jerry has led the public sector search discipline in the placement of “women and people of color,” averaging over 47% of their total placements. With more than 35 years in executive search for the public sector, Jerry delivers solid and proven perspectives regarding human resources management, organizational analysis and executive search to the discipline. He has been a leading force in developing effective diversity-based recruiting methods, utilization of citizen groups in the recruiting processes and meeting the needs of public sector clients. His private sector focus has been in senior and executive level search for sales and marketing, human resources, finance and technical management personnel. Jerry, with the assistance of a dedicated staff, pioneered the use of a two year guarantee period and advanced recruiting brochures in the industry. Executive Recruitment Organizational Analysis Diversity-based Recruiting Methods & Techniques Conflict Resolution Jerry received the Bachelor’s of Arts in Public Administration degree from the California State University at Northridge and completed graduate studies in Industrial Psychology at the University of California at Los Angeles. He began his human resources career as Personnel Director at Univar Corporation. He was a Charter Member of the Business Advisory Council to the National Forum for Black Public Administrators (NFBPA) and Founding Member of the Hispanic Network. A decorated Viet Nam Veteran and Captain in the Marine Corps, Jerry has also held numerous positions of community leadership to include: Library Commission – City of Sunnyvale; Parks Board – City of Mountain View, California; Santa Clara Valley Rental Housing Mediation Authority and the Santa Clara Valley Minority Relations Resolution Group; Bellevue, Washington Form of Governance Committee; King County Metro Consolidation Committee; Bellevue Parks Board; Board of Directors Pacific Northwest Baseball Umpires Association; and Board of Directors Pacific Northwest Football Officials Association. © 2007-The Waters Consulting Group, Inc. Page 12 Chris Hartung is a Senior Consultant for The Waters Consulting Group, Inc. (Waters-Oldani). In his role, he is responsible for managing and conducting executive recruitment assignments for the firm. Chris has more than 35 years of experience in managing and consulting in both the private and public sector. He has served as Director of Finance, Assistant City Manager, and City Manager in full service municipalities with populations ranging from 15,000 to 160,000. Mr. Hartung served for 8 years as City Manager of Denton, TX. Chris joined Waters-Oldani in October 1997. He has conducted management-consulting assignments in a number of areas including compensation planning and implementation, strategic planning, organizational staffing, total quality management, and executive recruitment. He has written and presented training in a number of subject areas including performance evaluation, leadership and management skills, and customer relations. Executive Recruitment Classification and Compensation Studies Skill-based Pay Employee Surveys Customer Service Training Leadership Training Chris received his bachelor’s degree in government from Southern Methodist University and his master’s degree in public administration from the University of North Texas. He has conducted lectures and seminars for Texas A&M University, the University of Texas at Austin, the University of Texas at Arlington, and the University of North Texas. Chris is on the faculties of the Bill Blackwood Law Enforcement Management Institute of Texas (LEMI) and the Certified Public Manager Program (CPM), which is managed by the faculty at Texas State University, San Marcos. Chris is also fully certified to administer ASSESS Strategic Success Modeling by the professional organizational psychologists at Bigby, Havis & Associates – a nationally known, accredited and respected firm. © 2007-The Waters Consulting Group, Inc. Page 13 Chuck Rohre is a Senior Consultant for The Waters Consulting Group, Inc. (WCG). In this role, he is responsible for managing and conducting executive recruitment engagements for the firm to insure their integrity, timeliness and adherence to budget parameters. Chuck has more than 30 years of experience in managing and consulting in both the private and public sectors. He has served as Police Chief and Director of Public Safety for North Texas municipalities with populations ranging from 9,000 to 200,000 plus. Prior to beginning his consulting career, Mr. Rohre served for three years as Police Chief of Plano, Texas. Chuck joined the firm in January 2006 following a 13-year engagement with another nationally recognized public sector search firm where he managed the Texas and Southwestern operations. He has an extensive and successful track record of completed recruitment across the nation, primarily in the Midwestern and Southwestern states. He has also conducted management-consulting assignments in a number of areas including public safety, career development and strategic planning. He has written and presented training in a number of subject areas including personnel assessment, leadership and management skills, and career development for public sector employees. Executive Recruitment Background Investigations Assessment Centers Career Development Law Enforcement Management and Training Chuck received his Bachelor’s degree in Career Development from the Dallas campus of Abilene Christian University and his Master’s degree in Human Relations and Management from the same institution. He has completed advanced management training at the Institute for Law Enforcement Administration and now serves on its adjunct faculty and advisory board. Chuck completed the Federal Bureau of Investigation’s prestigious LEEDS course at Quantico, Virginia. He is a veteran of the United States Army, serving in the United States and the Republic of Viet Nam. © 2007-The Waters Consulting Group, Inc. Page 14 Andrea Battle Sims has been working in executive search for over six years, managing all phases of the search process for municipal, county, state and non-profit organizations, focusing on the East, Midwest and Mid-Atlantic regions with numerous searches for a number of governmental and non-profit executives including: City and Assistant City Managers, Library Directors, Chief Information Officers, Police Chiefs, City/County Attorneys, Parks & Recreation Directors, Finance Directors and Workforce Development Executive Directors. Andrea is an experienced professional with over twenty years of prior experience in Information Technology, EDP Audit and Management experience in both the public and private sector. Her local government leadership roles include serving as the IT Director at Cleveland Public Schools with a staff of 50; Deputy Director of IT at Cuyahoga County with a staff of 70. In addition, her county experience includes creating a start-up venture to sell public computer access to the legal community. Ms. Sims has held management positions at AT&T, Progressive Insurance, and National City Bank managing IT projects as well as IT professionals, along with serving as an internal consultant/auditor. She has successfully managed IT professionals through the change process from legacy to client-server technologies including both private and public sector Year 2000 implementations. Executive Search Recruitment and Retention Training Information Technology Organizational Assessment Strategic Planning and Implementation Project Management Process Improvement Andrea’s educational background includes a Bachelor of Arts in Mathematics from Spelman College, Atlanta Georgia and a Master of Science in Operations Research from The Wharton School at the University of Pennsylvania, Philadelphia, Pennsylvania. In addition, her post-graduate education includes numerous IT and management courses and seminars and certification from the Leadership Academy at Cleveland State University. Andrea’s current and past civic involvement includes the Board of Trustees at the American Cancer Society, Cuyahoga Unit; Junior League of Cleveland, along with leadership positions with the Links, Inc., the Spelman Alumnae Association, and Delta Sigma Theta, Inc. © 2007-The Waters Consulting Group, Inc. Page 15 Troy has more than 25 years of impressive professional and executive level human resources experience. Before joining Waters Consulting Group, Inc., Dr. Coleman was most recently the Associate Superintendent for Human Resource Services with the Dallas Independent School District, where he designed and managed program efficiencies and automation to support employee on-boarding, and employee relations and mediation services. He designed and managed a nationally recognized program focused on international recruitment and selection of teachers, professionals and administrators to staff the 10,000-member teacher group and more than 20,000 total employees in the district. He served as Human Resources Director for the City of Dallas, Texas. Dr. Coleman was Senior Vice- President for Human Resources for an eCommerce business, and he has held various human resources posts in higher education and in local and federal government. He was a lecturer in Organizational Behavior and Personnel and Human Resources Administration at the University of Texas, Arlington; College of Business Administration; and Southern Methodist University, Cox School of Business, where he also lectured on Alternative Dispute Resolution. Throughout his career, Dr. Coleman has designed and led organizational development engagements on Organizational Change, Workplace Diversity, Conflict Management, and Employee Relations. He successfully facilitated dispute resolution and mediation processes involving disputes between police/public safety agencies and the communities they serve, employee disputes over diversity issues at work, EEO/Affirmative Action matters affecting companies and government agencies, differences between governing bodies and executive leadership teams, employee relations issues regarding pay and work conditions, and general interpersonal relations disputes. He was a faculty member with leadership institutes at George Washington University and the National Forum for Black Public Administrators. Recruitment and Selection Pre-employment and Promotional Testing and Assessments Workplace Diversity and Inclusion Programs Training and Organizational Development EEO and Equity Systems Analysis and Design Mediation and Conflict Resolution Training Competency-based Performance Achievement Programs For more than 12 years with his own firm, Dr. Coleman successfully designed and facilitated diversity training programs and services for federal and local governments, police, fire and public safety agencies, corporate businesses, and he has lectured at national conferences on the subject of managing diversity in the workplace. He has also managed projects that incorporate diversity and community relations with communities experiencing demographic and social change. He earned his doctorate from the University of North Texas and his master’s and bachelor’s degrees from Texas A&M University, Commerce. He has been a Licensed Professional Counselor, and he is an active member of the American Psychological Association. © 2007-The Waters Consulting Group, Inc. Page 16 Village of Oak Park, Illinois City of Lewisville, Texas (708) 358-5652 (972) 219-3400 Mr. Frank Spataro Donna Barron Human Resources Director Assistant City Manager Project: Selection of Fire Chief and Police Chief Project: Selection of Fire Chief City of San Jose, California City of Virginia Beach, Virginia (941) 955-2508 (757) 427-4242 Del Borgsdorf Mr. Charlie Meyer Former City Manager Project: Selection of Chief Operating Officer, Project: Selection of Fire Chief and various Assistant City Manager/CFO and Chief other senior level department director positions Development Officer City of Lubbock, Texas City of Milwaukee, Wisconsin (806) 775-3000 (414) 286-5066 Ms. Lee Ann Dumbauld Ms. Cassandra Scherer City Manager Human Resource Representative Project: Selection of Fire Chief and various Project: Selection of Fire Chief other senior level department director positions Town of Greenwich, Connecticut City of Ann Arbor, Michigan (203) 622-7729 (734) 994-2655 Maureen Kast Mr. Roger Fraser Director of Human Resources City Manager Project: Selection of Assistant Fire Chief, Project: Selection of Fire Chief and various other Public Works Commissioner and Town senior level department director positions Administrator City of Dallas, Texas City of Carrollton, Texas (214) 670-3120 (979) 764-3517 Mr. David Etheridge Beth Borman Director of Human Resources Assistant City Manager Project: Selection of Fire Chief Project: Selection of Fire Chief and various other senior level department director positions City of Arlington, Texas City of Los Angeles, California (817) 459-6101 (203) 797-4511 Mr. Jim Holgersson Mayor Mark Boughton City Manager Project: Selection of Fire Chief and various Project: Selection of Fire Chief and various other senior level department director positions other senior level department director positions © 2007-The Waters Consulting Group, Inc. Page 17 Abilene, Texas City Manager City Attorney Addison, Texas Director of Public Works Albany, Oregon Chief of Police Alexandria, Virginia Director of Purchasing Allen, Texas City Manager Finance Director Ann Arbor, Michigan Chief Financial Officer (2) City Manager City Attorney Fire Chief Director of Human Services Arapahoe County, Colorado Administrator, Library Public Services Arlington, Texas Assistant Director, Library Services Assistant Director, Planning & Development Services Assistant Director, Traffic and Transportation (2) CIP Director (Public Works) City Attorney Code Information Officer Deputy City Manager Director, Capital Improvements Director of Events and Conventions, Convention and Visitors Bureau Fire Chief (2) Human Resources Director Library Director Parks and Recreation Director (2) Planning Director (2) President, Convention and Visitors Bureau (2) Traffic and Transportation Director (2) Director of Planning and Development Deputy City Manager Assistant Director of Water Utilities Director of Workforce Services/Human Resources Executive Director, Center for Arts and Humanities Arvada, Colorado Human Resources Director IT Director Chief of Police Aurora, Colorado Public Works Director Assistant City Manager, Community Services Austin, Texas Assistant City Manager, Human Services Assistant City Manager, Public Safety Assistant City Manager, Public Utilities Chief Environmental Officer Chief of Police Community Development Director Employees’ Retirement System, Pension Officer Hospital Administrator Management Development Program Senior Attorneys (2) Senior Management Compensation Study Director of Department of Public Works © 2007-The Waters Consulting Group, Inc. Page 18 Director of Planning and Development Avondale, Arizona Director of Development Services Executive Director Baton Rouge (LA) Parks & Recreation Commission City Manager Baytown, Texas Director of Planning and Development Services Administrative Services Director Beaumont, Texas Assistant City Manager City Manager (2) Public Health Director Chief of Police Bedford, Texas Chief of Police (2) Bellevue, Washington City Attorney (2) City Manager (3) Data Processing Systems Administrator Deputy City Manager Director of Human Resources Economic Development Manager Outplacement Project Parks & Community Services Director Planning Director Water Supply Project Director Director of Parks and Recreation Bellingham, Washington Human Resources Director Library Director Planning and Community Development Director Public Works Director Administrative Assistant to the Mayor for Capital Projects Birmingham, Alabama Director of Information Management Services City Manager Blaine, Minnesota Public Services Manager Support Services Manager Chief Financial Officer Bloomington, Minnesota Chief of Police Public Works Director City Engineer Blue Springs, Missouri Executive Director Board of City Development (City of Lubbock, Texas) Fire Chief Boise, Idaho Assistant City Manager Bothell, Washington Chief of Police City Manager Public Works Director City Manager Boulder, Colorado Deputy Fire Chief Executive Director Brazos County Texas 911 City Administrator Bridgeport, Texas Executive Director Brooks Development Authority City Manager Brooklyn Park, Minnesota Broward County, Florida Executive Director of the Port of Everglades Director of Small Business Services Director of Public Works & Transportation Director of Aviation © 2007-The Waters Consulting Group, Inc. Page 19 Brownsville, Texas City Manager Brownwood, Texas City Manager Bryan, Texas Police Chief Cameron, Texas City Manager Canton, Texas City Manager Director of Public Works Carrollton, Texas Director of Human Resources City Manager Director of Transit Development Fire Chief City Manager Casa Grande, Arizona Director of Human Resources Cedar Hill, Texas Assistant Director of Public Works Economic Development Director Executive Director/CEO Central Arkansas Water Assistant City Manager Chandler, Arizona Chief Information Officer Chief of Police Communications & Public Affairs Director Human Resources Director Director of Parks, Recreation & Leisure Services Charlottesville, Virginia Finance Director Transit Manager City Manager Chehalis, Washington Local Area Representative CIGNA Head of Main Library Cleveland (OH) Public Library Executive Director Coalinga Regional Medical Center (Coalinga, California) City Manager Coalinga, California Chief of Police (3) College Station, Texas Fire Chief (2) Manager of Information Systems Director of Planning and Development First Assistant Attorney Public Works Director Colleyville, Texas City Manager Commerce City, Colorado Assistant Director of Public Works Coppell, Texas Police Chief Fire Chief City Engineer Assistant City Manager, Management & Budget Corpus Christi, Texas Chief of Police City Attorney City Manager Director of Personnel & Labor Relations Director of Public Health Director of Safety & Risk Management Manager, Affirmative Action/EEO Director of Development Services City Manager Corvallis, Oregon City Manager Covington, Washington © 2007-The Waters Consulting Group, Inc. Page 20 Fire Chief Dallas, Texas Chief Information Officer Chief Building Official Risk Manager Director of Public Works & Transportation Director of Finance and Personnel Danbury, Connecticut City Manager Davis, California Director of Public Safety Services Decatur, Illinois City Manager Denton, Texas Executive Director, Planning & Community Development Police Chief Chief Financial Officer Director of Planning Director of Parks and Recreation Director of Parks and Leisure Activities DeSoto, Texas City Engineer Water Superintendent Housing Services Director Des Moines, Iowa Chief Transportation Engineer District of Colombia Corporation Counsel Deputy Mayor for Operations Parks & Recreation Director City Manager Dubuque, Iowa Police Chief Duncanville, Texas Internal Auditor Durham County, North Carolina Director of Police East Orange, New Jersey Information Technology Coordinator Police Technology Director Chief of Police Edmond, Oklahoma Village Manager Elmwood Park, Illinois City Manager Emporia, Kansas City Manager Englewood, Colorado Director of Public Safety Eugene, Oregon City Manager Evanston, Illinois Public Works Director Superintendent of Streets and Sanitation Superintendent of Waters and Sewer Chief of Police Farmers Branch, Texas City Manager Director, Economic Development Manager, Council Goal Setting Process Director of Police Services (Chief) Federal Way, Washington City Manager City Manager (2) Ferguson, Missouri City Manager Forney, Texas City Manager Fort Collins, Colorado Community Development Director Deputy City Manager Finance Director Economic Development Director Planning, Transportation, Development Director Electric Utilities Director © 2007-The Waters Consulting Group, Inc. Page 21 Director of Parks and Recreation Fort Wayne, Indiana Assistant Director of Transportation & Public Works Fort Worth, Texas Assistant Housing Director Aviation Director City Attorney Director of Development Director of Housing Director of Human Relations Director of Planning & Growth Management Director of Transportation & Public Works Environmental Management Director Executive Director of Public Facilities and Events Health Director Library Director Water Utilities Director City Manager Fountain, Colorado Assistant Financial Services Director Fremont, California Fire Chief (2) Information Technology Manager Assistant City Manager Fresno, California City Manager Friendswood, Texas Director of Human Resources Garfield County, Colorado Assistant Director of Electric Utilities Garland, Texas Code Enforcement Manager Director of Finance Economic Development Director Human Resources Director Traffic & Transportation Director Deputy City Manager Glendale, Arizona Community Development Assistant Utilities Director (Electric) Grand Prairie, Texas Traffic & Transportation Director Assistant City Manager Greenville, South Carolina City Manager Finance Director Public Works Director Public Works Commissioner Greenwich, Connecticut Commissioner of Social Services Town Administrator Assistant Fire Chief City Manager Gresham, Oregon Police Chief Hampton, Virginia Chief of Police Hartford, Connecticut Personnel and Employee Relations Director Hayward, California Chief of Police Hermiston, Oregon Police Chief Hobbs, New Mexico City Manager Chief Investment Officer Houston Police Officers Executive Director Pension System (Texas) Huntsville, Texas City Manager City Manager Iowa City, Iowa Chief of Police Irving, Texas City Manager (2) © 2007-The Waters Consulting Group, Inc. Page 22 Jasper, Texas City Manager Juneau, Alaska City Manager Deputy Director of Aviation Kansas City, Missouri Manager of Capital Improvements Manager of Procurement Services Director of General Services Project Controls Manager Assistant to the Director of Administrative Services Assistant Director of Health Assistant Fire Chief (2) Kent, Washington Kerrville, Texas City Manager Borough Attorney Ketchikan Gateway Borough, Borough Manager Alaska Kilgore, Texas City Manager Community Oriented Primary Care Director King County/Seattle, Director of Adult Corrections Washington (Joint Agency) Director of Public Health (2) Director of Public Safety Director of Stadium Administration (Kingdome) Executive Director, Economic Development Council Human Resources Director Manager, Surface Water Management Division Medical Director Organizational Assessment Project Prevention Services Manager Public Defense Program Administrator Public Works Director (Modified) Roads Manager Administrative Services Director Kirkland, Washington Assistant City Manager Chief of Police City Manager Deputy Fire Chief Director, Planning & Community Development Public Works Director City Manager La Grande, Oregon City Manager La Porte, Texas City Manager Lake Oswego, Oregon Fire Chief Director of Community Planning & Development Las Vegas, Nevada Fire Chief Human Resources Director Redevelopment Manager Executive Director Las Vegas Housing Authority City Administrator Lee’s Summit, Missouri City Attorney Community Development Director Lewiston, Idaho Public Works Administrator Chief of Police Little Rock, Arkansas City Manager City Administrator Long Beach, Washington City Manager Longmont, Colorado City Manager Longview, Washington © 2007-The Waters Consulting Group, Inc. Page 23 Chief of Police Los Angeles, California Deputy Administrator, Economic Development & Community Redevelopment Fire Chief City Manager (2) Loveland, Colorado City Manager Lubbock, Texas Internal Auditor Assistant Director of Water Utilities Water Program Manager Fire Chief Finance Director Lynnwood, Washington Parks and Recreation Director Mecklenburg County, North Finance Director Carolina Human Resources Director City Attorney Mercer Island, Washington City Manager Compensation Study Parks and Recreation Director Executive Director Michigan Education Association City Manager Midland, Texas Midlothian, Texas City Manager City Manager Mill Creek, Washington Fire Chief Milwaukee, Wisconsin Police Chief Minneapolis, Minnesota Missouri City, Texas City Manager Assistant City Manager Finance Director Human Resources Director Fire Chief Deputy City Manager Modesto, California Deputy Director of Recreation and Neighborhoods Director of Community Development Fire Chief Mont Belvieu, Texas City Administrator Village Manager Mount Prospect, Illinois Mt. Pleasant, Texas City Manager Murphy, Texas City Manager City Secretary City Attorney New Braunfels, Texas Police Chief City Manager Newcastle, Washington Executive Director NTTA-North Texas Tollway Deputy Executive Director Authority Assistant City Manager Norfolk, Virginia Assistant Director of Budget & Finance Assistant Director of Child & Family Services Assistant Director of Human Resources Assistant Library Director Police Chief Director of Finance Fire Chief Human Services Program Manager © 2007-The Waters Consulting Group, Inc. Page 24 Information Technology Director Library Director Tax Assessor Planning Director City Manager Norman, Oklahoma Economic Development Director North Port, Florida Assistant City Manager North Richland Hills, Texas Chief of Police Oak Park, Illinois Director of Building Property and Maintenance Director of Public Health Fire Chief Public Works Director Administrative Librarian, Development & Employment Oakland, California Director of Communications & Information Services Director, Office of Economic Development & Employment Director of Police Services (Chief) Fire Chief Information Technology Director Odessa, Texas City Manager Chief of Police Oklahoma City, Oklahoma Police Department Succession Planning Project Development Services Director Olathe, Kansas Convention Center Director Ontario, California City Manager (2) Oregon City, Oregon Paris, Texas City Manager Pearland, Texas City Manager Executive Director/CEO Peninsula Light (OR) Community Development Director Peoria, Arizona Deputy Police Chief Human Resources Director Director of Human Resources Pittsburg, Kansas Director of Public Works Plainview, Texas Fire Chief Plano, Texas Emergency Management Coordinator Assistant City Manager (3) Chief Building Official Chief of Police (3) City Manager (2) Data Processing Director Director, Environmental Health Economic Development Director (2) IT Director Planning Director Transportation Engineering Manager Fire Chief Ponca City, Oklahoma Chief of Police Port Arthur, Texas City Manager Executive Director Port of Everglades, FL Deputy Executive Director Port of Long Beach, CA Managing Director of Environmental Planning & Services Executive Director Port of Los Angeles, CA Director of Homeland Security Business Development Managing Director © 2007-The Waters Consulting Group, Inc. Page 25 Chief Financial Officer Port of Oakland, CA Director, GIS Portland, Oregon Director, OFA Manager, GIS Personnel Director Police Chief Prescott Valley, Arizona Chief of Police Puyallup, Washington City Manager Director of Information Technology & Communications City Manager Ramsey, Minnesota Assistant to the Mayor Redmond, Washington Director of Parks and Recreation Fire Chief (2) Human Resources Director Planning Director Director, Community Development Renton, Washington Public Works Director Assistant Director of Development Services Richardson, Texas Police Chief Richmond, California Assistant City Manager Roanoke, Virginia Director of Housing Chief of Safety and Security Roanoke Regional Airport (VA) Chief of Police Roseville, Minnesota City Manager Fire Chief Round Rock, Texas City Manager (2) Saint Louis Park, Minnesota Sacramento Regional Transit Chief Engineer DistrictDirector of Finance Salem Area Mass Transit General Manager District Salina, Kansas Director of Community Development and Planning Director of Public Works San Angelo, Texas City Manager Assistant Director of Convention & Visitors Bureau San Antonio, Texas Economic Development Director Library Director Risk Area Manager Planning and Building Director San Benito County, California Public Works Director County Counselor/County Attorney Animal Control Director San Bernardino, California Deputy Director of Public Works/City Engineer Chief Information Officer San Diego, California Deputy City Manager Director of Intergovernmental Relations and Public Affairs San Jose, California Chief Financial Officer San Marcos, Texas City Attorney Director of Finance Sanford, Florida City Manager Sanger, Texas Snyder, Texas City Manager Sugar Land, Texas Assistant City Manager (2) © 2007-The Waters Consulting Group, Inc. Page 26 Chief Financial Officer City Manager Sachse, Texas Assistant City Manager San Jose, California Assistant Director of Aviation Operations Deputy Director of Animal Services Deputy Director, Community Facilities Development Deputy Director, Community Services Director of Office of Community Development Director of Parks, Recreation & Neighborhood Services Director, Workforce Investment Act Employee Relations Manager (2) Fire Chief (2) Gaming Control Administrator City Manager Seatac, Washington Capital Planning & Development Division Director Seattle, Washington Chief Engineer, Seattle City Light Chief Operating Officer, Seattle City Light Contracts & Concessions Manager, Seattle Center Deputy Superintendent, Electrical Services Director, Drainage & Wastewater Utility Director of Engineering, Seattle Water Department Director of Operations Director of Water Quality Water Department, Affirmative Action Administrator of Planning Shelby County, TN Executive Director of Economic Development Public Works Director Sioux City, Iowa City Administrator Snoqualmie, Washington Deputy Director of Public Safety/Chief of Police Services Southlake, Texas Director of Planning Chief Administrative Officer Spokane, Washington Director of Management Information Services Risk Manager City Manager Springfield, Ohio Finance Director Development Services Director Springfield, Oregon Human Resources Director City Attorney Sugar Land, Texas Finance & Administrative Services Director City Engineer Assistant Utilities Director Police Chief Summerville, Massachusetts Assistant Director of Public Safety Sunnyvale, California Assistant to the City Manager City Clerk (2) Community Development Director Deputy City Manager – Organizational Effectiveness Human Resources Director Director of Public Safety Fire Chief Surprise, Arizona Police Chief Temple, Texas Director of Planning Terrell, Texas City Manager Texas Municipal Retirement Executive Director © 2007-The Waters Consulting Group, Inc. Page 27 Services (TMRS) Director of Human Resources City Attorney Thornton, Colorado Community Development Director (2) Economic Development Director Finance Director Human Resources Manager City Manager Tomball, Texas Convention Center Director Tucson, Arizona Director of Water Utilities Deputy Fire Chief University Park, Texas Police Chief Vice President of Operations VIA – San Antonio TX Rapid Vice President of Strategic Initiatives Transit Authority Director of Audit and Measurement Police Chief Victoria, Texas Assistant City Manager/CFO Virginia Beach, VA Chief Development Officer Director of Planning Director of Public Works Chief of Police Waco, Texas City Manager City Manager Walla Walla, Washington Director of Public Utilities Wallingford, Connecticut City Administrator Washougal, Washington Police Chief Public Works Director Weatherford, Texas City Manager City Manager West Des Moines, Iowa Information Services Manager Public Works Director City Manager West St. Paul, Minnesota Finance Director Westminster, Colorado Planning Manager City Administrator Woodbury, Minnesota Managing Director Workforce Solutions for Tarrant County (TX) Airport Director Wichita, Kansas City Manager Wrangell, Alaska Wastewater Treatment Superintendent Yakima, Washington Director of Parks and Recreation Yuma, Arizona Director of Human Resources -Dallas Seattle Cleveland Austin- © 2007-The Waters Consulting Group, Inc. Page 28 The professional fee to conduct the recruitment is listed below. Expenses are not included in the professional fees and are billed separately as incurred. Project-related expenses include, but are not limited to: job posting and advertising fees on various Web sites and classified advertising fees in printed publications; consultant travel expenses; criminal history/credit/driver’s license checks; printing and production of necessary materials such as brochures, profiles and final reports; transportation; telephone fees; shipping and postage and video conferencing fees. Travel expenses incurred by candidates are not the responsibility of Waters-Oldani. The professional fee will be billed in four installments; 30% of the fee will be billed at the beginning of the search; 30% at the implementation of Phase II; 30% at the implementation of Phase III; and the final 10% upon acceptance of offer by the candidate. If candidates from this search process are selected for another position within your organization within one year of the close of the recruitment, a fee of 50% of the above mentioned proposal amount will be due to Waters-Oldani Executive Recruitment. If selected for this project, Waters-Oldani will negotiate a not-to-exceed figure including expenses. All questions regarding these professional fees should be directed to Chuck Anderson, CEO of Waters-Oldani Executive Recruitment Division at or via phone at 817.965.3911. PHASEDESCRIPTION OF PROFESSIONAL SERVICES Phase I Task 1 – Profile Development & Advertising Phase II Task 2 – Identification of Quality Candidates Task 3 – Preliminary Screening & Initial Report to Client Task 4 – Background Investigations/ Reference Checks/Academic Verifications Phase III Task 5 – Final Process / Recommend Finalists/On-site Interviews with Client Conclusion Acceptance of offer by candidate TOTAL PROFESSIONAL FEES $19,500.00 OPTIONAL SERVICES FOR CONSIDERATION FEES Additional work related to the search process and as specifically requested by the client which $1500.00 per day is outside of the scope of this project (i.e. additional onsite meetings) is additional. The fixed plus expenses professional fee for this recruitment anticipates no more than four onsite consulting days with one consultant. However, we would be pleased to provide additional onsite consulting visits for our standard daily rate of $1500 plus expenses. The fixed fee proposal for professional fees includes up to ten CareerNavigator™ reports. For $350.00 per any reports requested over ten, the fee will be $350.00 per report. report over 10 © 2007-The Waters Consulting Group, Inc. Page 29 AGENDA MEMO (11/6/07 AGENDA) DATE: October 30, 2007 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Cooperative Purchase of Chevrolet Impala Police Package Vehicles (PPV) The Police Department is budgeted to purchase two sedans to replace two retiring 1998 Chevrolet Luminas. Jim Gau, Fleet Manager, and I priced 2007 and 2008 Chevrolet Impala Police Package Vehicles (PPV) through several existing contracts as follows: Cooperative Contract Vendor Price per vehicle Tarrant County (2007 model if available) Caldwell Country $16,997 Tarrant County (2008 model) Caldwell Country $17,877 BuyBoard (2008 model) Caldwell Country $17,967 GM Fleet Holiday Chevrolet $18,726 RECOMMENDATION: Staff recommends purchase of two Chevrolet Impala PPV from Caldwell Country via the Tarrant County Cooperative Purchasing Program in the total amount of $33,994 assuming that there are two 2007 year models still available when the purchase order is issued. If not, staff recommends purchase of the 2008 year models through the same vendor and cooperative contract in the total amount of $35,754. Purchases made through the Tarrant County Cooperative Purchasing Program satisfy all competitive bidding requirements. City of University Park 4420 Worcola Dallas, Texas 75206 Equipment Services November 2, 2007 Kent Austin, Finance Director Attached is the Vehicle Procurement Request and the requisition to replace the two 1998 Chevrolet Lumina’s in the Police Department. These vehicles were approved for replacement in the 2007-08 budget and have reached the end of their expected life cycle. These units have been priced through several existing contracts as follows: Cooperative Contract Vendor Price per vehicle Tarrant County (2007 model if available) Caldwell Country $16,997 Tarrant County (2008 model) Caldwell Country $17,877 BuyBoard (2008 model) Caldwell Country $17,967 GM Fleet Holiday Chevrolet $18,726 I recommend purchasing the 2007 model at $16,997 per vehicle if the vehicles are still available at purchase time. Otherwise, I recommend purchase of two 2008 vehicles from Caldwell Country via the Tarrant County contract in the amount of $17,877 per vehicle. Should you have any questions please contact me at your convenience. Sincerely, Jim Gau Jr. Fleet Manager MINUTES #2721 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER – CITY HALL MODULAR BUILDING TUESDAY, OCTOBER 23, 2007, 5:00 P.M. At 3:00 p.m., the City Council held a discussion on Over-65 Property Tax Freeze Alternatives. Finance Director Kent Austin presented the information. Also in attendance was former City Councilmember Olin Lane. The purpose of the discussion was to describe the over-65 property tax freeze option and its impact on City tax revenues and taxpayers. The City Council directed staff to take this item to the Finance Advisory Committee for review and to place this item on the December 4, 2007 City Council Meeting Agenda. Mayor James H. Holmes, III, convened the City Council into an Executive Session in the Fire Department Training Room at 3:28 p.m. for consultation with the City Attorney under Section 551.071(2), of the Government Code regarding privileged communication with the City Attorney on zoning matters and appeal of the Public Utility Commission case. The Executive Session was ended at 4:04 p.m. No action was voted on or taken during the meeting. Mayor Holmes opened the regular City Council Meeting at 5:00 p.m. in the Council Chamber in the City Hall Modular Building. Present were Mayor Pro Tempore Harry Shawver and Councilmembers Syd Carter, Jerry Grable and Kelly Walker. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Kate Smith. Four Boy Scouts were in attendance. They introduced themselves and stated the badge upon which they were working: Matt Meaders, 3975 Hanover; Andrew Scott, 3417 Standford; Ryan Allemon, 4428 Southern and Christopher Marlow, 3905 Wentwood. AWARDS AND RECOGNITION DEPARTMENT PINS: City Manager Bob Livingston presented Police Sergeant John Ball with a 15-year pin; Fleet Supervisor Les Jackson with a 25-year pin and Sr. Utility Specialist/Cashier Inez Lee with a 10-year pin, for a total of 50 years of service to the City. Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER AND ACT ON AN ORDINANCE FOR TWO-HOUR PARKING IN THE 2900 BLOCK OF FONDREN: Pursuant to a request from a majority of the abutting property owners, staff requested that the City Attorney develop an ordinance establishing a 2-hour parking restriction along the following streets: Fondren, from Boedeker west to Dublin (north curb line); Fondren, from Boedeker west to Dublin (south curb line) and Dublin, from University south to McFarlin. ORDINANCE NO. 07/36 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING FOR MORE THAN TWO HOURS IN THE 2900 BLOCK OF FONDREN AND ON DUBLIN FROM THE POINT OF ITS INTERSECTION WITH UNIVERSITY SOUTH TO THE POINT OF ITS INTERSECTION WITH MCFARLIN; 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 AND ACT ON A CONTRACT FOR RE-STRIPING ON LOVERS LANE: Following the recommendation of the Public Safety Committee and Council’s subsequent direction to staff, the city solicited bids for the installation of a continuous left-turn lane on Lovers Lane between Boedeker and Hillcrest. Proper notification of the request for proposals was published in the Park Cities News. Sealed bids were received on October 11, 2007. Two (2) companies submitted bids. Bids were submitted in the form of a base bid and a bid alternate. The bid alternate specifies that the project will not exceed seven (7) working days and that work will take place on Saturday and Sunday to minimize traffic impacts. The low bidder’s price for the bid alternate was $2,000 greater than their price for the base bid. Given the minimal price difference, staff recommended approval of a contract based on the bid alternate to reduce the negative impact this work will have on traffic. Staff recommends awarding a contract to Striping Plus in the amount of $13,220.85. CONSIDER AND ACT ON A RESOLUTION TO APPOINT VANTAGETRUST COMPANY AS SUCCESSOR TRUSTEE FOR THE RETIREMENT HEALTH SAVINGS PROGRAM: Several years ago the City adopted a Retiree Health Savings Plan (RHSP) through ICMA Retirement Corporation. This plan allowed employees to deposit money on a tax-free basis to pay for health insurance premiums and out-of-pocket health expenses after retirement. Since the plan was adopted, IRS regulations governing these plans have changed and the City is no longer permitted to offer this benefit to employees. However, there are a number of employees who have money in the plan; therefore, we must maintain the plan to protect their benefits. When the plan was adopted, Investors Bank & Trust Company was named trustee of the City’s trust (RHSP). The service agreement between ICMA-RC and Investors Bank & Trust Company (since re-named State Street Bank and Trust Company) will no longer be in effect after December 31, 2007. This resolution appoints VantageTrust Company as successor trustee for the RHSP. RESOLUTION NO. 07-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR THE APPOINTMENT OF VANTAGETRUST COMPANY AS SUCCESSOR TRUSTEE OF THE RETIREMENT HEALTH SAVINGS (RHS) PROGRAM; AND PROVIDING AN EFFECTIVE DATE. CONSIDER AND ACT ON THE COOPERATIVE PURCHASE OF A SIDE LOADING REFUSE VEHICLE: The Sanitation Division budgeted to purchase a new side loading refuse vehicle. This combination vehicle is available for purchase through the BuyBoard as follows: 2007 American LaFrance Condor quoted by Duncan Freightliner (Waco, TX) = $103,519.00. Champion 32 Yd. Commercial Sideloader quoted by Heil of Texas (Irving, TX) = $82,831.00. BuyBoard Fee = $400. Total Cost = $186,750. Purchases made through BuyBoard satisfy all competitive bidding requirements. CONSIDER AND ACT ON AN INTERLOCAL COOPERATION AGREEMENT FOR A SCHOOL RESOURCE OFFICER: In an effort to provide for the well being of students and faculty of the Highland Park High School, as well as to provide for continued education on the abuse of drugs and alcohol, the City of University Park, the Town of Highland Park and the Highland Park Independent School District have reached an agreement for the placement of a full time School Resource Officer in the Highland Park High School. The officer will be a sworn police officer of the University Park Police Department and will work directly for the University Park Police Department and under the Police Department’s policies and procedures. The salary and benefits of the officer will be shared by the City of University Park and the Town of Highland Park, with the City of University Park providing for 75% of such cost and the Town of Highland Park providing for 25%. The City will advance and pay all costs as they accrue and the Town of Highland Park will reimburse the City of University Park for its 25% share upon receipt of a statement from the city as outlined in the Interlocal Agreement. The costs for the school year begin in January of 2007 and end with the current school year. CONSIDER AND ACT ON AN INTERLOCAL COOPERATION AGREEMENT FOR A D.A.R.E. OFFICER: Under the terms and conditions of the current Interlocal Cooperation Agreement for Joint Provision of a DARE Officer in the Highland Park Independent School District between the City of University Park and The Town of Highland Park, both parties are to review the agreement annually for renewal. Further, as there have been salary increases for the position of DARE Officer, it is necessary to review and approve a new agreement. Under the agreement, the salary and benefits for the DARE Officer are shared by the City of University Park and the Town of Highland Park, with the City of University Park providing 75% of such cost and the Town of Highland Park paying 25%. The City will advance and pay all costs as they accrue and the Town of Highland Park will reimburse the City of University Park for its 25% share upon receipt of a statement from the city as outlined in the Interlocal Agreement. CONSIDER AND ACT ON AN INTERLOCAL AGREEMENT WITH NCTCOG FOR REGIONAL STORM WATER MANAGEMENT: The City of University Park participates in the regional storm water program established by the North Central Texas Council of Governments (NCTCOG), which addresses storm water quality issues throughout the region. Participation in the program provides municipalities with resources for staff and developer training, public education, and other technical resources to meet state and federal regulations for storm water runoff. On August 13th, the Texas Commission on Environmental Quality (TCEQ) issued the Small MS4 (Municipal Separate Storm Water System) Phase II final permit. The City of University Park falls under the permit requirements for Phase II, and the City will forward its Storm Water Management Program to TCEQ by February 11, 2008 as part of the permit application. The existing interlocal agreement between the City and NCTCOG has expired and staff requests approval of another five-year interlocal agreement as well as the authorization letter for FY 2008 participation. Participation in the program costs the City of University Park $2,720. CONSIDER AND ACT ON APPROVAL OF CITY COUNCIL MEETING MINUTES: For October 2, 2007. MAIN AGENDA CONSIDER AND ACT ON A RESOLUTION NAMING THE PLAZA AND FOUNTAIN EAST OF THE GOAR PARK GAZEBO THE DON M. HOUSEMAN FOUNTAIN AND PLAZA; A RESOLUTION NAMING THE TRACK AT GERMANY PARK THE JOHN G. ROACH TRACK AND A RESOLUTION NAMING THE OVERLOOK AND WATERFALL IN GOAR PARK THE F.B. “PETE” GOLDMAN FALLS AND OVERLOOK: In September 2006, the City Council appointed a Public Facilities Naming Committee to review nominees/applications for the potential naming of public facilities and properties within University Park. Nominees for facility naming have demonstrated an outstanding contribution through leadership and civic pride in support of the overall “quality of life” within University Park. During the September 2007 meeting of the Public Facilities Naming Committee, the Committee reviewed supporting documentation for recent nominees. These nominations include the following individuals and locations. Name: Location/Facility: Mayor Pete Goldman Goar Park Falls and Overlook at Goar Park Mayor Don Houseman Fountain and Plaza at Goar Park Mayor John Roach Athletic Track at Germany Park Based on the nomination request and the numerous letters of support reviewed by to the Public Facilities Naming Committee, the Committee requested the City Council consider the approval, through resolution, of the above mentioned individuals and locations for facility naming. Mayor Pro Tempore Shawver moved approval of the three Resolutions naming the plaza and fountain in Goar Park the Don M. Houseman Plaza and Fountain, the track at Germany Park the John G. Roach Track and the overlook and water fall in Goar Park the F.B. “Pete” Goldman Overlook and Waterfall. Councilmember Grable seconded, and the vote was unanimous to approve the three resolutions naming the city locations/facilities. RESOLUTION NO. 07-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, NAMING THE PLAZA AND FOUNTAIN IN GOAR PARK THE DON M. HOUSEMAN PLAZA AND FOUNTAIN FOR THE CITY OF UNIVERSITY PARK; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 07-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, NAMING THE TRACK AT GERMANY PARK THE JOHN G. ROACH TRACK FOR THE CITY OF UNIVERSITY PARK; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 07-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, NAMING THE OVERLOOK AND WATERFALL IN GOAR PARK THE F.B. “PETE” GOLDMAN OVERLOOK AND WATERFALL FOR THE CITY OF UNIVERSITY PARK; AND PROVIDING AN EFFECTIVE DATE. CONSIDER AND ACT ON AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, BY AMENDING SECTION 40 TO DELETE THE DEFINITION OF FAMILY; AMENDING SECTIONS 21-100 (1) TO PROVIDE FOR USES AND OCCUPANCY STANDARD IN SINGLE FAMILY DWELLING DISTRICTS; AMENDING SECTIONS 22-100 AND 22-101 (1) TO PROVIDE FOR USES AND OCCUPANCY STANDARD IN DUPLEX AND MULTIPLE-FAMILY DWELLING DISTRICTS: Dan Sefko addressed the City Council on June 5, 2007 on issues relating to the definition of Family, maximum building height and maximum plate line heights in the multi-family districts. City Council provided direction to staff to proceed to amend the Zoning Ordinance. On July 16, 2007 the Planning and Zoning Commission held a Public Hearing and considered an ordinance to change the definition of Family so that “not more than three (3) individuals unrelated by blood, marriage, or adoption” may occupy a dwelling unit. At that meeting, P&Z voted 3-2 to deny the proposed amendment to change the definition of Family from two to three unrelated individuals. The comment was made that the current definition to include "not more than two individuals unrelated by blood, marriage or adoption" should remain in the single-family districts but may be changed as it relates to multi-family districts. On August 7, 2007, the City Council held a Public Hearing and considered the proposed ordinance and provided directions to staff and the Consultant to work through P&Z to change the occupancy requirements to not more than three individuals in the multi-family districts and preserve the existing occupancy standards in the single-family districts. On September 18, 2007 the Planning and Zoning Commission held a Public Hearing and considered another draft ordinance to provide an occupancy standard of not more than three individuals unrelated by blood, marriage or adoption in the duplex and multi-family districts and not more than two individuals unrelated by blood, marriage or adoption in the single-family and single-family attached districts. P&Z voted 3-2 on a motion to deny the proposed ordinance. The City Council conducted a Public Hearing on October 2, 2007 and received comments from residents, builders and property owners. The Public Hearing was closed and the item was tabled for consideration on October 23, 2007. Mayor Holmes noted that the Public Hearing was closed on this item and asked Council if there was a motion on the proposed ordinance. Mayor Pro Tempore Shawver stated that he and the City Council had read all of the letters and information provided to them from both sides. He stated that his motion would not reflect an ultimate plan, but that there are a number of issues currently going on related to this item. Mayor Pro Tempore Shawver motioned to deny approval of the proposed ordinance changing the occupancy standards in duplex and multi-family districts. Councilmember Carter seconded and commented that there are many things going on surrounding this issue including items related to parking in the area west of Snider Plaza and possible consideration of one-way streets. He continued that he was in favor of the motion to deny the ordinance right now because there are other issues that should be reconciled first prior to changing this standard. Mayor Holmes was next to comment and stated that there were good points made from both sides but that what persuaded him was 1) increased density and 2) P&Z denying the item twice. Mayor Holmes indicated that the Council would be looking at this issue ongoing but that at the present time, he was in favor of the motion to deny the ordinance. Councilmembers Grable and Walker also voted to deny the ordinance. The vote was unanimous to deny approval of the proposed ordinance changing the occupancy standards in duplex and multi-family districts. CONSIDER AND ACT ON AN ORDINANCE APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT DISTRICT PD-24 FOR A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS LOTS 1, 2, 3A, 11 AND 12, BLOCK B, ST ANDREWS PLACE ADDITION, AND MORE COMMONLY KNOWN AS 4015 NORMANDY, UNIVERSITY PARK, TEXAS: Architexas, representing the First Unitarian Church of Dallas is requesting an amendment to the existing Planned Development District PD-24 to include an additional residential lot located at 4008 St. Andrews Drive and situated in the Single family SF- 2 zoning district. The proposed PD amendment will incorporate lots 1, 2, 3A 11, and 12, Block B, St. Andrews Place Addition, and provides for 2.25 acres more or less. The existing Church buildings located in PD-24 on the southeast corner of Normandy and Preston Road is approximately 31,134 sq. ft. with a maximum building height of 35’. The Church proposes to add approximately 17,552 sq. ft. with a maximum building height of 35’ for the new additions and renovations. The Planning and Zoning Commission voted 4-1 to recommend approval of the PD conceptual site plan, recognizing the following items to be resolved before the item is considered by City Council. 1) The sanitation issue: Dumpsters to be relocated to an internal part of the site. 2) Restrictions on rentals to take place within certain hours with no more than 3 consecutive days in a calendar year. 3) Restrictions to the school use. City Council conducted a Public Hearing and received comments from the Church and neighborhood residents on October 2, 2007. The Public Hearing was closed at that meeting and the item was tabled for consideration on October 23, 2007. Mayor Holmes stated that with respect to Item #17 of the PD Conditions regarding glass, the wording should be changed from “may” to “must,” and to include a shade structure. Councilmember Walker asked architect Mr. John Allender how strongly they felt about including glass on the Preston Road side of the chuch. Mr. Allender indicated that they felt very strongly about this and would like to have the flexibility to use natural light. Discussion continued on Item #17 of the PD Conditions and the attorney for the church, Mr. Art Anderson, addressed the Council. He indicated they had a concern about the requirement to use frosted glass and requiring a shade structure until the detailed plans had been completed. Councilmember Walker suggested to approve the ordinance, but to ask them to bring back the detailed site plans for approval on this item specifically. Mayor Holmes moved approval of the ordinance approving an amendment to Planned Development District PD-24 for a tract of land more particularly described as lots 1, 2, 3A, 11 and 12, Block B, St. Andrews Place Addition, more commonly known as 4015 Normandy, and that when the detailed site plan is submitted, Council has the unfettered right to determine what materials will be used on the Preston Road side in regards to glass. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to approve the ordinance approving an amendment to Planned Development District PD-24 for a tract of land more particularly described as lots 1, 2, 3A, 11 and 12, Block B, St. Andrews Place Addition, more commonly known as 4015 Normandy, and that when the detailed site plan is submitted, Council has the unfettered right to determine what materials will be used on the Preston Road side in regards to glass. ORDINANCE NO. 07/37 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 24; APPROVING A NEW CONCEPT SITE PLAN FOR THE FIRST UNITARIAN CHURCH AT 4015 NORMANDY, UNIVERSITY PARK, DALLAS COUNTY, TEXAS, TO ADD THE PROPERTY MORE PARTICULARLY DESCRIBED AS LOT 3A, BLOCK B, ST. ANDREWS PLACE ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING ON AN ORDINANCE APPROVING AN AMENDED DETAILED SITE PLAN FOR PD-32 BEING A TRACT OF LAND APPROX. 6.236 ACRES LOCATED AT 6601 TURTLE CREEK BOULEVARD: Mayor Holmes opened the Public Hearing. Mr. Larry Boerder, representing property owner Gerald Ford of 6601 Turtle Creek Boulevard, requested consideration of an amended detailed site plan for PD-32 the same being a tract of land approximately 6.236 acres and described as 6601 Turtle Creek Boulevard. A land use statement submitted by the applicant proposes to build a detached garage/guardhouse with a motor court structure on the northern side of the property. The proposed garage/guardhouse has been relocated from the original approved site plan dated April 2006. In addition, the applicant seeks to build a pool pavilion on the eastern end of the pool deck and the eastern side of the subject tract. The location and construction details for the garage/guardhouse structure is subject to engineering review and approval in accordance with Section 3:400 “Flood Damage Prevention Regulations” of the Code of Ordinances before the issue of a building permit.The Planning and Zoning Commission held a Public Hearing and considered this item at its regular meeting on October 16, 2007 and voted unanimously to recommend approval subject to the following stipulations.1) The property owner must submit a detailed landscape plan for the areas to the northwest and northeast of the Motor Court.2) That the outside lighting for the Motor Court area shall be limited to fixtures inset in the 3’ landscape planter boxes around the Motor Court and shall be pointed inward and downward. Mayor Holmes closed the Public Hearing. CONSIDER AND ACT ON AN ORDINANCE APPROVING AN AMENDED DETAILED SITE PLAN FOR PD-32 BEING A TRACT OF LAND APPROX. 6.236 ACRES LOCATED AT 6601 TURTLE CREEK BOULEVARD: Mayor Pro Tempore Shawver moved approval of the ordinance approving the amended detailed site plan for PD-32 being a tract of land approx. 6.236 acres located at 6601 Turtle Creek. Councilmember Carter seconded, and the vote was unanimous to approve the ordinance approving an amended detailed site plan for PD-32. ORDINANCE NO. 07/38 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, BY AMENDING ORDINANCE NO. 06/16 GRANTING PLANNED DEVELOPMENT DISTRICT NO. 32 FOR THE PROPERTY DESCRIBED AS LOT 7, BLOCK 7, UNIVERSITY PARK ESTATES ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, BEING A 6.236 ACRE TRACT COMMONLY KNOWN AS 6601 TURTLE CREEK BOULEVARD; APPROVING AN AMENDED DETAILED SITE PLAN; PROVIDING ADDITIONAL SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DISCUSS A REQUEST TO CHANGE THE NAME OF THE 3200-3300 BLOCK OF NORTHWEST PARKWAY TO "NORTHWESTERN": Staff received a near unanimous request from the property owners to change the name of Northwest Parkway, between Airline and Hillcrest, to Northwestern. As the petition was submitted, this would not change the name of Northwest Parkway west of Turtle Creek. Public Works Director Bud Smallwood indicated that the Fire Chief expressed concern from a public safety standpoint about the name change of only one block of the street. Mayor Holmes asked if the property owners on Northwest Parkway to the west of Turtle Creek had been included in the petition. Mr. Smallwood said they had not. Mayor Holmes motioned to table the item and reconsider at a later date after the residents living on Northwest Parkway west of Turtle Creek had been asked what they think about the name change to “Northwestern.” Councilmember Grable seconded, and the vote was unanimous to table the item and reconsider at a later date. CONSIDER AND ACT ON AN AMENDMENT TO THE CONTRACT WITH LEO A. DALY FOR ARCHITECTURAL SERVICES RELATED TO CITY HALL RENOVATION: Structural issues were uncovered during the course of the asbestos abatement on the existing portion of City Hall. Because of this, if the floor plans as originally drawn were constructed, a number of significant structural alterations would be needed. As a result of this dilemma, staff began working with our construction manager, Gallagher Construction, to develop alternatives. As part of the process we asked the project architect, Leo A Daly (LAD), to provide costs for revising the plans. They have requested additional fees for both scenarios (building the original concept and the redesign of the new concept). Staff asked Gallagher to prepare a best estimate as to construction costs of the two alternatives. The combined architectural and building costs of the original building design totals $757,299 to $786,199. The estimated cost of the alternative is $350,625. On October 2, 2007 the City Hall Oversight Committee reviewed the two alternatives. After considerable discussion, the Committee voted 3 to 1 for the staff recommended alternative. This will increase Leo A. Daly’s architectural fees by $157,500. Councilmember Walker moved approval of the amendment to the contract with Leo A. Daly in the amount of $157,500 for architectural services related to City Hall renovation. Councilmember Carter seconded, and the vote was unanimous to approve the amendment to the contract with Leo A. Daly in the amount of $157,500 for architectural services related to City Hall renovation. CONSIDER AND ACT ON PROVIDING STAFF DIRECTION TO FILE A REHEARING MOTION ON THE PUC ORDER FOR UNIVERSITY PARK ORDINANCE NO. 06/35 REGARDING 138KV TRANSMISSION LINE: During its October 17th open meeting the Public Utility Commission approved an order determining University Park Ordinance No. 06/35 invalid. To start the appeal process, the City must first file a rehearing motion (jurisdictional prerequisite) with the PUC within 20 days from the issuance of the order. Once the case has been reheard by the PUC, the City can then appeal to the Travis County District Court. Mayor Holmes made a motion directing staff to file a motion for a rehearing on the PUC Order for University Park Ordinance No. 06/35. In addition, if the motion for rehearing is denied, direction to file an appeal to the Travis County District Court. Mayor Pro Tempore Shawver seconded, and the vote was unanimous to direct staff to file a motion for a rehearing on the PUC Order for University Park Ordinance No. 06/35, and, in addition, if the motion for rehearing is denied, direction to file an appeal to the Travis County District Court. CONSIDER AND ACT ON A REQUEST FOR THE ADDITION OF TWO CROSSING GUARDS AT HYER ELEMENTARY SCHOOL: The Police Department received a request from concerned parents to provide a school crossing guard at the intersection of Colgate and Tulane. The Police Department requested a traffic study be conducted by C&P Engineering to determine the need for a crossing guard. Upon the completion of the study, C&P Engineering recommended to add a crossing guard at the intersection of Colgate and Tulane, as well as at the intersection of Caruth and Tulane. Staff recommends that two additional crossing guards are hired for the intersections of Tulane and Colgate and Tulane and Caruth. Councilmember Walker moved approval of the request for the addition of two crossing guards at Hyer Elementary School. Councilmember Grable seconded, and the vote was unanimous to approve the request for the addition of two crossing guards at Hyer Elementary School. CONSIDER AND ACT ON ADDITIONAL APPOINTMENTS TO THE BUILDERS COMMITTEE: On April 3, 2007, City Council approved the Scope of Services for Dan Sefko and Associates to review and make recommendations for updating the current building and development standards in the single-family and multi-family Zoning Districts. As part of that review process, staff is proposing to incorporate the participation and input from builders and residents. In addition to this Committee, the consultant will also work with the Zoning Ordinance Advisory Committee (ZOAC) and the Planning and Zoning Commission before final recommendations are forwarded to City Council. On August 28, 2007 City Council appointed the following builders to the Committee. Single-family Construction: Gage Pritchard, George Lewis and Rusty Golf. Multi-family Construction: Richard Means, Don Gale and Matt Franklin. Staff is now recommending the appointment of the following residents to the Committee: Margaret DiFrancesco, James Cali and Neil Harris. Mayor Holmes noted that because of the addition of residents to the Committee, it should now be called the Development Standards Committee. Councilmember Carter moved approval of the additional appointment to the Committee. Councilmember Grable seconded, and the vote was unanimous to approve the additional appointments to the Committee. CONSIDER AND ACT ON A PILOT PROGRAM FOR HOLIDAY TREE LIGHTING IN SNIDER PLAZA: Staff has recently been approached by business and property owners regarding the possibility of supporting a Holiday Tree Lighting Event at Snider Plaza. The request involves the Parks Department continuing the installation of the Holiday Tree, seasonal banners and decorative garland on light posts. The business owners would install white lighting which would highlight the buildings on each corner of the fountain intersection. The programming aspects of the event would include holiday music, hot drinks and entertainment, culminating in the lighting of the Holiday tree simultaneously with other decorative lights. Exact details will be addressed in future meetings with staff and members of the Snider Plaza business and property owners. The tree lighting event is tentatively scheduled for Tuesday, November 27, 2007 from 6:00 p.m. until 8:00 p.m. Mayor Holmes moved approval of the pilot program for Holiday Tree Lighting in Snider Plaza. Councilmember Walker seconded, and the vote was unanimous to approve the pilot program for Holiday Tree Lighting in Snider Plaza. There being no further business, the meeting was adjourned. th PASSED AND APPROVED this 6 day of November 2007. James H. Holmes, III, Mayor ATTEST: Kate Smith, City Secretary AGENDA MEMO (11/06/07 AGENDA) DATE: October 30, 2007 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Discussion Item / the Regulation of Valet Parking ITEM: Due to valet parking issues in Snider Plaza and Miracle Mile, the city has been asked to look into adopting an ordinance regulating the same. Because the parking spaces being utilized by the valet services may be city owned, should there be regulation by the city for the use of such parking spaces. At this time, there are no ordinances, regulations or restrictions on valet parking. RECOMMENDATION: Staff recommends discussion on this matter to gain input. Should the an ordinance regulating valet parking in the City of University Park be enacted? If so, should such regulation include short term and long term valet parking? ATTACHMENTS: Letter to City Attorney requesting opinion on this matter. Letter from City Attorney in reference to City’s right to regulate valet parking. Sample ordinance of the City of Santa Monica, California. October 18, 2007 Robert L. Dillard III 1800 Lincoln Plaza 500 N. Akard Street Dallas, Texas 75201 Dear Rob: I have been tasked with the duty of determining if the City can enact an ordinance regulating valet parking, specifically valet parking at Snider Plaza and at Miracle Mile. This has been requested by one of the property owners at Miracle Mile. He has provided copies of two such ordinances for the California cities of Beverly Hills and Santa Monica. I am requesting your opinion on this before I go any further with this assignment. I have sent out a list serve email to see if any cities in Texas have similar ordinances. Mr. Livingston would like for me to present this matter at the November council meeting so let me know as soon as you can. Regards, Gary W. Adams Chief of Police AGENDA MEMO (12/05/06 AGENDA) DATE: November 2, 2007 TO: City Council FROM: Luanne Hanford SUBJECT: Renewal of Health Plan for 2008 The Employee Benefits Committee met on October 31, 2007 to review renewal proposals for specific and aggregate stop loss insurance and claims management for the City’s self- insured employee health plan. Minutes from that meeting are attached. The committee and staff both recommend renewing stop loss coverages and claims management with Cigna, the City’s current carrier. Cigna’s proposal will increase the specific stop loss cap from $65,000 to $75,000 per claim, but will cost $461,463, which is $11,524 less than the current year’s health plan. No changes to the benefit plan or employee contribution levels are recommended at this time. RECOMMENDATION: Approve renewal proposal from CIGNA in the amount of $461,463. MINUTES Employee Benefits Committee October 31, 2007 A meeting of the Employee Benefits Committee was held on October 31, 2007, in the Peek Service Center conference room. Present at the meeting were Chairman Bill Clifton, Jim Roberts, Steve Herod, Clair Crossland, and Jim Klancnik. Also attending the meeting were City Manager Bob Livingston, Human Resources Director Luanne Hanford, Jerry Jensen and Kim Fowler of The Jensen Company, and Brad Hasler of CIGNA. The meeting was called to order at 7:40 am. Jerry Jensen, the city’s broker, distributed notebooks containing health plan renewal information. He reviewed the renewal proposal from Cigna, the city’s current insurer. The renewal proposal is a 9.3% increase over last year’s costs. Mr. Jensen then presented a renewal option that would increase the specific stop loss amount from $65,000 per claim to $75,000 per claim. This option would reduce the cost of the renewal by almost $56,000 making the city’s renewal costs less than the current year. The committee discussed the fact that increasing the specific stop loss to $75,000 would increase the city’s risk. Mr. Jensen reviewed historical claims data which showed that the city averages about two to three claims each year that exceed the $65,000 stop loss cap. The city would have to have six claims exceed $75,000 next year in order for the risk to exceed the savings. A lengthy discussion followed. Mr. Crossland asked Mr. Jensen about the possibility of offering Health Savings Accounts (HSA) to city employees. Health savings accounts are accounts set up by employers for employees to use for medical expenses. Once the money in the accounts has been used, health expenses are subject to co-insurance. Any money left in the accounts at the end of the year rolls over to the next year.Mr. Jensen told the committee that HSAs tended to be popular with young, healthy employees who understand the complexities of HSAs and don’t require a lot of medical care. That profile doesn’t fit the city’s employee demographic, as the longevity of most of the city employees puts them in the 40-50 age category and about 80% male. Brad Hasler of Cigna told the committee that HSAs are designed to change the medical consumption patterns of employees which eventually saves money for both the employee and the health plan. He said that Cigna would need about six months lead time to implement an HAS. Bill Clifton suggested that we find a way to determine how many employees might be interested in this product before a lot of work is put in to setting one up. Bob Livingston suggested setting up employee focus groups to determine the level of interest. Mr. Clifton asked if there was any discussion about plan design or employee contribution changes. Staff recommended no changes to plan design or employee contributions since the plan was operating at a surplus and the renewal would actually cost less than the current plan. Clair Crossland moved that the committee recommend the renewal with Cigna with a $75,000 specific stop loss for an annual cost of $461,463 plus claims. Jim Roberts seconded the motion. The vote in favor was unanimous. There being no other business, the meeting was adjourned at 9:00 am. Submitted by: ________________________________ ________________________________ Bill Clifton, Chairman Luanne Hanford, Director of HR AGENDA MEMO (11/06/07 AGENDA) DATE: November 2, 2007 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Chartering Session with CH2M Hill for Third Party Plan Review Services ITEM: Third party plan review is used by several communities throughout the metroplex to supplement existing plan review services, or to serve as the primary plan review agent for the city. Through a negotiated contract, third party firms review residential and/or commercial plans for conformance to the adopted building and zoning codes of the city prior to the issuance of a building permit. The primary benefits to using a third party plan review include reduced turnaround time for the issuance of a building permit and enhanced quality control. With existing staffing levels in the Building Inspection Division, the turnaround time for plans submitted to the City range anywhere from four to seven weeks. The average number of daily inspections by inspector ranges from 15 to 30 per day. Throughout the last couple months, staff has explored the feasibility of utilizing third party plan review services to reduce turnaround times, and to reallocate internal resources to address building inspections. Staff solicited statements of qualifications from qualified firms to perform residential and commercial plan review services on behalf of the City. Since August, staff has reviewed the statements of qualifications from the following four firms: Bureau Veritas; C&C Engineering; CH2M Hill; and Metro Code Analysis. After careful review, staff interviewed representatives from Bureau Veritas and CH2M Hill, and ultimately selected CH2M Hill as the final candidate. While primarily a civil engineering firm, CH2M Hill has recently started providing plan review services to municipalities (New Braunfels, Texas). By utilizing the expertise of licensed engineers and architects for plan review, the quality of service is greatly enhanced. The statement of qualifications submitted by CH2M Hill states that the expected turnaround time for residential plan review would not exceed 5-business days, and 10-business days for commercial plan review. While providing many benefits to the City, third party plan review is a costly service; however, staff feels that the benefits provided will greatly enhance all services provided by the Building Inspection Division. Based upon negotiations with staff, CH2M Hill has proposed a phased approach to providing plan review services to the City of University Park. Staff requests Council consideration of Phase 1, which consists of a “Chartering Session” that will deliver a “Procedures Manual” for implementing third party plan review. The maximum fee as outlined by CH2M Hill for Phase 1 is $17,483 plus costs for up to twelve sets of residential plan review services. Once Phase 1 is complete, CH2M Hill will submit a Phase 2 proposal for future Council consideration. The second phase would consist of full implementation of third party plan review services between the City and CH2M Hill. RECOMMENDATION: Staff recommends approval of the Phase 1 charting proposal and development of a procedures manual with CH2M Hill for an amount not to exceed $17,483. ATTACHMENTS: Chartering Proposal from CH2M Hill Proposal for Phase 1 Services: Chartering Session, Procedures Manual and Initial Residential Plan Reviews CH2M HILL will conduct a chartering session with City of University Park personnel. The chartering session will be 8 hours in length and will be held at CH2M HILL’s Dallas office so the City staff can meet additional members of the CH2M HILL team and see our operation. CH2M HILL staff will prepare for the chartering session and facilitate the meeting. CH2M HILL staff will develop a chartering document and a work flow procedures manual for plan review services as deliverables from the chartering meeting. The chartering document will be a brief set of guidelines that will define success for plan reviews and how CH2M HILL staff should work with the City to achieve that success. The procedures manual will establish the turn-around times for various types and sizes of projects, coordination requirements with third parties, coordination with City staff, the format of review comments, points of contact, procedures for authorizing individual review assignments, and procedures for handling disputed review comments. The manual will include a process flow sheet for plan reviews. The chartering session will help establish a simplified approach for authorizing and billing for routine plan review assignments, and the manual will establish procedures for handling non- routine assignments such as commercial and institutional projects. The chartering session will be facilitated by Mike Bastian, Vice President and Project Principal-in-Charge. CH2M HILL staff participating in the chartering session include: Project Manager Thomas Burke, PE; Project Architect Dan Hursin, RA; Project Mechanical Engineer Michael Loftus, PE; Project Electrical Engineer Sai Ho, PE; and Project Structural Engineer Steve Punch, PE. Messrs. Loftus, Punch and Ho will only participate at the end of the day for their review, comment and agreement about the charter and work procedures that will be developed during the session. Also, Mr. Tom Wilson will participate. Tom Wilson is Deputy Director for Community Development Services for CH2M HILL. He helped develop the procedures and flow charts for plan reviews and permitting for Sandy Springs, Georgia which was referenced in our Statement of Qualifications for University Park Plan Review Services. Also, he is developing procedures, process flow charts and permit fees for a similar project for the City of Milton, Georgia. He will assist the team during the chartering session in developing the procedures manual and process flow charts for University Park plan review services. CHARTER DEFINITIONS CH2M HILL CH2M HILL proposes to invoice the City of University Park for all services associated with the chartering session using the hourly rates in Attachment B previously submitted to the City. An updated version of Attachment B is attached to this proposal. The services include planning and preparing for the chartering session; attending the chartering session; and finalizing deliverables drafted during the chartering session. The total maximum cost for all services associated with the chartering session and development of the procedures manual is $17,483 (See Attachment C for a detailed breakdown of this maximum fee.) The terms and conditions governing this authorization for professional services were presented in the proposed Agreement for Professional Services previously submitted to the City of University Park. Attached is a document describing CH2M HILL’s approach to chartering and a suggested agenda for the chartering session. The approach document will help the City select the participant from the City. Simultaneous with the chartering session and development of the procedures manual, CH2M HILL will provide plan review services for up to 12 sets of residential plans. These services will be invoiced using the Agreement, rate structure and billing rates previously provided to the City. Preparing these reviews will help establish costs and procedures necessary to develop approaches for routine project reviews. Your signature in the space provided below will serve as our authorization to proceed with planning for and conducting the chartering session. We are already proceeding with the initial residential plan review services based on your email authorization of October 29, 2007. Proposed by: Michael Bastian, VP, Principal-in-Charge CH2M HILL Accepted by: Bob Livingston City Manager City of University Park CHARTER DEFINITIONS CH2M HILL CH2M HILL Approach to Chartering What is Chartering? Chartering is a structured process used to guide a project team through the process of defining itself: its purpose, critical success factors, goals, roles and responsibilities, operating guidelines, interpersonal behaviors, and other elements that give a team the clarity of purpose essential for high-quality performance. A Chartering session is different from a conventional project “kickoff,” in that kickoffs tend to focus on one-way communication of the “what’s,” such as milestones, deliverables, schedules, etc. Whereas chartering uses two-way communication to engage team members and other participants to define the “hows” of the project, such as responsibilities, operating guidelines, etc. A tangible product of this process is a written charter document which has been endorsed by all the participants of the chartering session. What are the Benefits of Chartering? Builds high levels of clarity, agreement and motivation among the participants at the beginning of a project Increases the probability that the team will be successful and will achieve high-quality performance Empowers team members by the consensus developed in the chartering Ensures better use of the collective resources and knowledge of the project team Provides means to monitor performance so problems can be diagnosed and corrective actions can be taken Ensures that team members share the same vision for the project Helps to create team behaviors that are stronger than individual behaviors What is a Charter Document? A written summary of the formal chartering elements for a project that includes, at a minimum, the Team Membership, Project Purpose Statement, Critical Success Factors, Goals, Roles & Responsibilities, and Operating Guidelines. Charter documents should be formally endorsed and shared with all individuals and groups with whom the project team has primary interface and communications. What is a Chartering Element? A chartering element is any of the possible topics that could be developed during the chartering process. These topics could be discussed in a chartering session or be included in the documented output of the chartering session. Note that the following pages include definitions of all the possible chartering elements that are considered part of the CH2M HILL chartering vocabulary. CHARTER DEFINITIONS CH2M HILL Definitions of Potential Charter Elements Team Purpose: The purpose for a team answers the questions: “Why does this project team exist?”. “Why was it formed?” “What is it expected to do?” The purpose should be brief; clearly stated in a single sentence or a short paragraph. The team purpose should be closely linked to the project’s purpose or vision. In broad terms, the purpose is the organization’s requirement of the project team. Often, the team’s purpose has been created by the management of the organization and is reviewed and refined in a chartering session. Organizational Linkage and Priorities: The organizational linkage is a description of the formal link between the team and the organization, which answers the questions: “To whom does the team report?” “Is the team part of a formal structure?” “How is it linked for purposes of resources, communication, authority, and approval?” Also, a declaration of just what the organizational priorities are may provide a useful context for the project team. This can be accomplished, for example, through an understanding of the strategic implications and opportunities that will result from the success of the project. The same is true of the customer: Knowledge of where the project fits within the larger scheme of the customer’s organization can be of immense value to the team. Priorities are very important when the purpose of the team is broad and the team is operating within a wide and somewhat undefined set of parameters. Team Membership: The specific personnel who will be members of the project team are defined in the chartering phase. These individuals must know when they are on the team and what the scope of their membership is in terms of roles, responsibilities, deliverables and length of commitment. Team members may be full-time or part-time. Membership, however, is different from providing expertise when requested or contributing at one or several meetings. Membership carries with it defined responsibilities and a degree of commitment to the team and to the individual members of the team. Members are selected based on a number of criteria. Purpose Statement / Vision for the Project: The purpose statement is often referred to as the vision statement, especially for larger projects. It is a written statement that answers the question, “Why does this project exist?” It should be framed in terms of the future condition that will exist as a result of the project. The purpose statement should be brief, but contain sufficient information and clarity to establish the essence of the work to be accomplished. It commonly takes the form of 1 or 2 sentences and can include several bulleted statements that provide additional clarity. Occasionally, a picture is included with the purpose statement if it can help others visualize the end result. A purpose statement should be broadly measurable but they often do not have specific goals, metrics, or numbers. Mission: The mission states how we will achieve the Project Purpose or vision. The mission statement is commonly an extension of the Purpose Statement for the project with two distinctions. It expands on the purpose, and is typically more measurable, within a defined period. Normally the purpose statement is developed in conjunction with others from outside the team (i.e. customers, stakeholders) but the mission is typically developed by the project team itself. A mission statement should convey a precise overall goal that the team has been established to achieve. It is the manifestation of the broader purpose statement into a more defined target. Boundary Conditions: Describing the boundary conditions (i.e. sidebars) is often an important element of the charter and an area often left unclear. Many teams are formed without clear guidance regarding how far they can go by themselves; how far they might go with permission; what decisions require formal review and endorsement; and what extends beyond the scope of their work and should not be addressed. The boundary conditions define the scope of the project team’s formal authority or what it may not do without permission. The boundary conditions also define the area of influence or what it is empowered to do without permission. The boundary conditions define the limits of the project team’s authority; for example, decisions it may not make, resources it may not expend, commitments it may not exceed. Boundaries are usually set by the management of an organization and reviewed and refined in a chartering session. CHARTER DEFINITIONS CH2M HILL Critical Success Factors: Select elements (usually 4-8), which the project team believes are most crucial in achieving the purpose and scope of the project. They answer the question: “What are the most important things we must accomplish to achieve success?” These are the vital aspects of the project that the project team must assure do not fail during implementation of the project plan. That failure to successfully address one of these factors can result in a failure of the project. These factors can consider vital aspects of the project related to customer relations, team performance, project planning, and project implementation. Performance measures should be created which align with each of these Critical Success Factors. Goals/Measures of Success: The success of a project must be defined in terms of results that are measurable against agreed-upon criteria. Measures of success may be established in terms of quantity, quality, time, cost, customer satisfaction or a combination of these. These measures should align with the Critical Success Factors of the project. The greater the clarity of the criteria, the greater the probability that the team members, individually and collectively, will achieve them. Roles & Responsibilities: Refers to the formal definition of functional roles and scope of professional responsibility for the project team members in which a specific result must be met. Project Teams have both collective responsibilities and individual responsibilities. When a team sets clear collective team responsibilities; defines individual responsibilities; defines shared responsibilities and then creates an environment in which every team member feels fully and personally accountable for the project collectively and individually, then the conditions have been set for ongoing high project performance. Since any team member's failure is likely to create a shortfall in achieving the team goals, it is critical that every team member should be accountable for the success of every other member. Collective Responsibilities:A team has a defined scope of primary responsibility. These responsibilities are held and must be met by the entire team, and each team member is equally responsible for their attainment. For example, a project team is responsible for ensuring that the specified project results are met. These include all the deliverables and measures such as performance, schedule, budget, and customer satisfaction. This is a collective responsibility of the team. Overall team responsibilities are typically reviewed and measured by individuals external to the project team who can represent the customer and the organization’s management. Individual Responsibilities:In addition to the collective team responsibilities, each team member has individual responsibilities. By analyzing the collective responsibilities, the areas that individual project team members need to contribute and accept personal leadership can be identified. The sum total of all the individual responsibilities accepted by each team member will meet or exceed the collective team responsibilities. Individual team member responsibilities are typically reviewed and measured internally by the project manager and other team members. Shared Responsibilities (Primary/Secondary): In a team environment, individuals may have responsibility for results in which they do not have personal authority or direct control. Sometimes a team is also linked directly or indirectly to other parts of the organization. Failure of these other parts of the organization may also cause the team to fail or cause the organization not to accomplish its goals for the broader effort. In this case, the team may be asked to extend its scope of responsibility beyond its own direct work and help ensure that the linked responsibilities outside the team are achieved as well. Results are achieved and responsibilities fulfilled through process management, influence, and through support. This concept of shared responsibility can further be defined in terms of primary and secondary responsibility: Primary: "The right to be directive." Has resources and can assign and commit those resources or make decisions. Secondary: "The responsibility to provide support as required or requested." Responsibilities that have both primary and secondary involvement are by definition shared responsibilities. CHARTER DEFINITIONS CH2M HILL Operating Guidelines: A set of guidelines that determine “how” the project team will perform the work of the project and govern itself. Guidelines are created to answer questions such as how the team will make decisions; how it will create and measure goals, how it will communicate internally and externally; how it will resolve conflict and; how it will manage change. By creating operating guidelines prior to the implementation of detailed tasks, many potential problems can be avoided. Many of these operating guidelines can become the basis for certain workplan elements. Core Values: Core values set the conditions that frame required behavior, and also define the framework for decision- making and priority setting. Core values are essential for extensive projects that are subject to interpretation if not guided by explicit sidebars. They may not be required if the project is so tightly defined that there is little room for interpretation, or if the organization’s core values are so much a part of the organizational culture that they will guide behavior under any circumstances. If organizational values have been published, the team should review them and determine whether they are sufficiently descriptive for the team’s circumstances, and sufficient to describe team behavior. If the answer is in the affirmative, then the values work is completed for the team. Under other circumstances, the team may want to work on its values specific to the team’s mission. Core Values set appropriate “sidebars” for acceptable action and decisions. Guiding Principles: Guiding principles are the derivative of core values and goals translated into the actual behavior or actions that governs the team. When a team is setting its own work context, it can determine whether any guiding principles are needed to govern its own internal behavior, its behavior with others outside the team, or with the customer. These guiding principles define the “rules” to use in decision-making, without providing rigid policies or procedures. As such, they provide a frame of reference that encourages both flexibility and empowerment. For example, a guiding principle for teams is frequently: “Decisions will be made based on what’s right, not who’s right.” This principle is subsequently evoked whenever it appears that an individual has become inflexible or fixed in a personal position, rather than driving for the best decision for the entire team. Rules of Interpersonal Conduct: Building on the guiding principles, these rules describe more specifically, how people should behave in such areas as communications, listening, participation, solving problems, making decisions, etc. They are particularly important if the team is comprised of many individuals who have not worked together before; if the team effort is very complex and potentially contentious; if the team has worked together before but had problems, or if it is known that one or several members of the team tend to use inappropriate interpersonal behavior for gaining synergistic results in a team environment. An example of a rule for interpersonal conduct would be: If a team is clearly heading in a particular direction no one team member can withhold support simply on the basis of personal preference or unsubstantiated opinion. Rules of interpersonal conduct are clearly stated to prevent inappropriate behavior. They may be essential however as a tool to address inappropriate behaviors before they have a detrimental effect on the team or create dysfunctional operating style within the team. Conflict Resolution: This is an important part of a charter when the team has different “sides” that have been brought together but who fundamentally are not in alignment; if factions exist on the team; or if one or several individuals use confrontation or argument as a primary interpersonal vehicle in team settings. Approaches to conflict management may range from continued discussion until consensus is reached based on guiding principles; voting as a back-up in case of deadlock; referral to the team leader if agreement cannot be reached; external mediation or arbitration, etc. If the method for resolving conflicts is pre-determined, it can be a great aid if required in “the heat of the battle.” CHARTER DEFINITIONS CH2M HILL Proposed Charter Agenda University Park Plan Review Services Project Meeting Participants University Park Project Team, CH2M HILL (Consultant) Project Team Total Duration of the Session 8 hours DurationAgenda Topic 1)Introduction to the Meeting 30 min. Review the Agenda, Ground-rules, and Objectives of the meeting Overview of Chartering Concepts Icebreaker Exercise for Introductions 2)Develop Purpose for the Project and Partnering: City and Consultant Team 30 min. Entire group prepares, edits and finalizes statement 15 min. Break 3)Develop Critical Success Factors for the Project 30 min. Develop list of 5 - 8 Critical Success Factors Open discussion of City and consultant expectations 30 min. 4)Develop Customer/Stakeholder relationship strategies Create customer/stakeholder map for the project Develop relationship strategies for selected customers/stakeholders Identify all points of interaction/coordination Consider commercial and institutional as well as residential stakeholders 45 min. Lunch 5)Determine Roles and Responsibilities 100 min. Prioritize responsibility issues that need discussion from previously created matrix Discuss and resolve these issues Assign actions as appropriate to finalize 6)Develop Operating Guidelines Select highest priority guidelines to develop (e.g. communication issues, decision-making issues, change management issues, etc.) Discuss and resolve issues for final edit and review 15 min. Break 200 min. 7)Prepare outline of procedures manual 8)Draft flow chart specific to University Park Plan Review 9)Conclusion, Final Remarks, and other actions Adjourn the Meeting Post Meeting: Prepare notes, procedures manual/flow chart and distribute for review and comment. CHARTER DEFINITIONS CH2M HILL AGENDA MEMO (11/06/07 AGENDA) DATE: November 2, 2007 TO: Bob Livingston City Manager FROM: Gene R.Smallwood, P.E. Director of Public Works SUBJECT: Discussion of Ordinance Requiring Concrete Paving Between the Rear Property Line and the Alley Pavement. BACKGROUND. At the 05.22.07 meeting the City Council approved Ordinance 07/18 requiring property owners to install concrete pavement between the edge of the alley and their rear property line as part of any residential improvement in excess of $10,000. The attached letter from a resident asks that the Council amend that ordinance. The premise of the recommendation to approve the aforementioned ordinance is that the City continues to experience problems in its alleys such as tree and shrub encroachments and rutting of the soil next to the alley pavement. Although not allowed by prior codes or ordinances, some residents have placed large gravel or stones in the alley right-of-way. The concrete will eliminate the problems of rutting, encroachments, and overgrowth behind these properties. The amount of paving will very depending on the width of the City’s right-of-way behind a specific residence, the width of the lot, and whether there are any grade issues. Typically, the effect of the ordinance requires either a 1 foot or 3.5 foot strip of concrete, at an estimated cost of $1,500 to $4,000. Staff is aware of only the one complaint, however, if the Council wants to grant some relief, the requirement to pave could be limited to new home construction. This would reduce the rate at which the problems in the alleys are mitigated. RECOMMENDATION. Staff recommends the ordinance remains unchanged. ATTACHMENTS: Proposed Ordinance Sample photo of alley rutting problem Sample photo of alley encroachment problem Sample photo of fully paved alley right-of-way Letter from resident Ruts along edge of alley Encroachment into the alley right-of-way Fully paved alley right-of-way AGENDA MEMO (11/6/2007 AGENDA) DATE: November 6, 2007 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consideration of an Ordinance providing for the closure of the Gate on St. Andrews Drive at all times except for necessary operations. Background/Analysis: At a recent public hearing on the First Unitarian Church, residents of St. Andrews Drive commented that the gate has helped to protect the quality of their neighborhood and requested that it will better serve the homes on that street if the gate is kept closed at all times. Council then directed staff to amend the current ordinance to provide for the closure of the gate at all times except for necessary operations. Recommendation Staff recommends approval. Attachments: 1. Amended Ordinance. 2. Original ordinance dated September 6, 1983. ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 83/27 TO PROVIDE FOR CLOSURE OF THE ST. ANDREWS GATE AT ALL TIMES EXCEPT FOR NECESSARY CITY OPERATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , Ordinance No. 83/27 was enacted on September 6, 1983, authorizing placement of a gate across St. Andrews Drive at approximately 100 feet east of Preston Road; and WHEREAS , said Ordinance provided that the gate would be closed during the banking hours of the bank immediately to the south; and WHEREAS , improvements to the First Unitarian Church along St. Andrews Drive NOW, necessitate that such gate be kept closed except for necessary City operations; THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 83/27 is hereby amended to provide that St. Andrews Drive, approximately 100 feet east of the point where it intersects with Preston Road, be closed with an appropriate gate except for necessary City operations when it may be opened by the authority of an officer or employee of the City of University Park. SECTION 2. That this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULY PASSED by the City Council of the City of University Park, Texas, on the ___ day of ______________ 2007. APPROVED: ______________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: ______________________________ ______________________________ CITY ATTORNEY KATE SMITH, CITY SECRETARY (102307/21483) AGENDA MEMO (11-06-07 AGENDA) DATE: November 2, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider agreement with MC Townhomes I, LP for the exchange of property adjacent to the Peek Service Center. Background. City staff met with Prescott Realty Group representatives on several occasions during the past month to discuss the possible exchange of the City-owned property at 4421 Greenville Ave. for a strip of land abutting the north property line of the Peek Service Center. Both parcels are about 10,200 SF, and although the properties need to be surveyed, the parcel the City would acquire would be approximately twenty-eight feet wide. The City has owned the Greenville property for about ten years, but has not used it for anything other than miscellaneous storage. The condition of the small office building renders it unusable. The proposed land exchange will provide room for parking to be added to the service center site. The additional parking would enhance Public Works and Parks operations. The above-referenced property exchange was suggested as a possibility earlier this year when the Council did not approve of the trade its 4419 Worcola property for part of the Shamburger tract (inclusive of a parking structure). Consideration. Staff recommends City Council approval of the agreement for exchange of real property. AGREEMENT FOR EXCHANGE OF REAL PROPERTY This Exchange Agreement (this “Agreement”) is entered into as of November _____, 2007 (the “Effective Date”), between MC Townhomes I, L.P., a Delaware limited partnership (“Prescott”) and the City of University Park (“University Park”). BACKGROUND A. Prescott is the owner of the land described on Exhibit A (the “Prescott Parcel”), encompassing approximately 10,000 square feet and worth approximately $___________. B. University Park is the owner of the land described on Exhibit B (the “UP Parcel”), encompassing approximately 10,000 square feet and worth approximately $___________. C. Prescott and University Park desire to enter into an Exchange Agreement such that Prescott will transfer the Prescott Parcel to University Park in return for University Park transferring the UP Parcel to Prescott. AGREEMENT NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Exchange of Real Property. a. Prescott, in exchange for the conveyance from University Park to Prescott of the UP Parcel, agrees to grant, bargain, sell and convey to University Park a fee simple interest in and to the real estate located in Dallas, Dallas County, Texas, containing approximately 10,000 square feet and more particularly described in Exhibit "A" attached hereto and made a part hereof, together with (a) all rights, easements and appurtenances belonging or appertaining thereto, (b) all right, title and interest of Prescott in and to any and all roads, streets, alleys or public and private rights of way, bounding such property, and (c) all buildings and other improvements thereon, if any (collectively the "Prescott Parcel"). b. University Park, in exchange for the conveyance from Prescott to University Park of the Prescott Parcel, agrees to grant, bargain, sell and convey to Prescott a fee simple interest in and to the real estate located in Dallas, Dallas County, Texas, containing approximately 10,000 square feet and more particularly described in Exhibit “B” attached hereto and made a part hereof, together with (a) all rights, easements and appurtenances belonging or appertaining thereto, (b) all right, title and interest of University Park in and to any and all roads, streets, alleys or public and private rights of way, bounding such property, and (c) all buildings and other improvements thereon, if any (collectively the "UP Parcel"). AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 1 Dallas 1271948_10 3484.79 2. Surveys. Within ten (10) days after the Effective Date, each party shall obtain and deliver to the other party a survey (individually, the "Survey") to be made of the parcel that party is contributing to the exchange, dated subsequent to the date hereof by a surveyor from R.L. Goodson, Inc., in accordance with the current Texas Surveyor's Association Standards and Specifications for a Category 1A Condition II Survey and with the certificate attached as Exhibit "C" hereto. A copy of each Survey shall also be furnished to Republic Title of Texas th (the “Title Company”), whose address is 2626 Howell Street, 10 Floor, Dallas, Texas 75204. Each Survey shall be sufficient to permit the Title Company to delete the standard printed exception for the applicable parcel in the Title Policy (as defined herein) pertaining to discrepancies, conflicts or shortages in area or boundary lines, encroachments, overlapping of improvements, or similar matters. If the legal description on the Survey differs from the description set forth in this agreement, then the legal description from the Survey shall be incorporated herein for all purposes. The cost of the Survey for the Prescott Parcel shall be paid by Prescott; the cost of the Survey for the UP Parcel shall be paid by University Park. 3. Title Commitment. Within ten (10) days after the Effective Date, each party shall obtain and deliver to the other party a title insurance commitment on the parcel that party is contributing to the exchange, prepared by the Title Company (individually, the "Title Commitment") together with good legible copies of the recorded plat and all documents constituting exceptions to title as reflected in the Title Commitment. Each party will convey good and indefeasible title to their Parcel at Closing, and except as provided for herein, the Parcels shall be conveyed free, clear and unencumbered of all tenancies and parties in possession on the Closing Date (as defined herein). The cost of the Title Commitment for the Prescott Parcel shall be paid by Prescott; the cost of the Title Commitment for the UP Parcel shall be paid by University Park. 4. University Park’s Title and Survey Inspection. In the event the Survey or the Title Commitment for the Prescott Parcel shall reflect encumbrances or other conditions not acceptable to University Park ("Prescott Defects"), then Prescott, upon University Park’s notification of Prescott Defects, may proceed to cure the Prescott Defects and shall have five (5) days from the date of such notice of Prescott Defects within which to attempt to cure the Prescott Defects to University Park's satisfaction. Notice of such Prescott Defects must be given by University Park within five (5) days of the receipt of the Title Commitment. If Prescott is unable or unwilling to remove or obtain a title endorsement over the Prescott Defects, then, at University Park’s sole option, University Park may accept the Prescott Defects or University Park may terminate this Agreement. Notwithstanding the foregoing, Prescott shall be required to cure (i) all existing monetary liens and (ii) any and all encumbrances created by Prescott after the Effective Date, at Prescott's sole cost and expense. Prescott’s failure to cure such Prescott Defects shall be a default by Prescott hereunder. a. All liens and encumbrances on the Prescott Parcel caused by University Park and any matters waived or deemed waived pursuant to this Section 4 shall be "Prescott Permitted Exceptions" as that term is used herein. AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 2 Dallas 1271948_10 3484.79 5. Prescott’s Title and Survey Inspection. In the event the Survey or the Title Commitment for the UP Parcel shall reflect encumbrances or other conditions not acceptable to Prescott ("UP Defects"), then University Park, upon Prescott’s notification of UP Defects may proceed to cure the UP Defects and shall have five (5) days from the date of such notice of UP Defects within which to attempt to cure the UP Defects to Prescott's satisfaction. Notice of such UP Defects must be given by Prescott within five (5) days of the receipt of the Title Commitment. If University Park is unable or unwilling to remove or obtain a title endorsement over the UP Defects, then, at Prescott’s sole option, Prescott may accept the UP Defects or Prescott may terminate this Agreement. Notwithstanding the foregoing, University Park shall be required to cure (i) all existing monetary liens and (ii) any and all encumbrances created by University Park after the Effective Date, at University Park’s sole cost and expense; University Park’s failure to cure such UP Defects shall be a default by University Park hereunder. a. All liens and encumbrances on the UP Parcel caused by Prescott and any matters waived or deemed waived pursuant to this Section 5 shall be "UP Permitted Exceptions" as that term is used herein. 6. Inspection Period. The Inspection Period shall begin on the Effective Date, and end twenty (20) days after the Effective Date. During the Inspection Period, each party shall be entitled to enter upon the property of the other party at all reasonable times in order to perform such investigations as that party shall deem necessary, including, without limitation, soil tests and environmental audits. Each party will promptly repair and restore any damage or injury to the property caused by such investigations. a. University Park shall, at its sole discretion, have the right to terminate this Agreement by written notice to Prescott for any or no reason at any time prior to the expiration of the Inspection Period. b. Prescott shall, at its sole discretion, have the right to terminate this Agreement by written notice to University Park for any or no reason at any time prior to the expiration of the Inspection Period. 7. Environmental Assessment. During the Inspection Period, Prescott shall commission a Phase I Environmental Site Assessment and asbestos survey for both parcels and the surrounding land owned by Prescott. Upon request by Prescott, University Park shall pay or reimburse Prescott for a proportionate share of the cost of the assessment based on the square footage of the UP Parcel compared to the total square footage covered by the site assessment. At the time of execution, the estimated cost to University Park is approximately $500. University Park's obligation under this Section 7 shall survive closing or termination of this Agreement. 8. Demolition. Each party shall be responsible for paying the cost of the demolition, and, if necessary, environmental abatement, of all existing structures and improvements on the parcel that party is contributing to the exchange. Within fifteen (15) days after the execution of this Agreement, Prescott shall obtain bids for the cost of demolition and environmental abatement on both parcels (which AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 3 Dallas 1271948_10 3484.79 bids shall apportion the cost between the UP Parcel and the Prescott Parcel, and any other property owned by Prescott which may be included in the bids) and promptly present their recommended bid to University Park. University Park shall have five (5) days to approve the bid or request information from other bidders. Upon approval of a bid by University Park, Prescott will proceed with the demolition and University Park shall pay for that portion of the cost attributable to the demolition and environmental abatement of improvements on the UP Parcel. Prescott and the approved contractor(s) shall have the right to enter upon the UP Parcel and Prescott Parcel for purposes of conducting such demolition and environmental abatement. The parties acknowledge that the demolition process may begin prior to closing. Each party's obligation under this Section 8 shall survive closing. 9. Replatting. Prescott shall diligently pursue the replatting of the UP Parcel into its adjacent parcel, and University Park shall diligently pursue the replatting of the Prescott Parcel into its adjacent parcel. Prescott shall be responsible for the cost of replatting the UP Parcel, and University Park shall be responsible for the cost of replatting the Prescott Parcel. Each party agrees to reasonably cooperate with the other party with respect to the replatting or re-zoning of their respective parcels, including, without limitation, executing required documents and responding promptly to requests from the other party regarding such replatting or re-zoning. The parties acknowledge that such replatting or re-zoning processes may begin prior to closing. Each party's obligation under this Section 9 shall survive closing. 10. Closing. Closing shall take place at ten o'clock (10:00) a.m. (CST) on that date which is ten (10) days after the expiration of the Inspection Period or at such other time and/or on such other date as the parties shall mutually agree (the "Closing Date"). Closing shall take place at the Title Company. Each Party shall deliver the following at Closing: a. Prescott’s Closing Documents. i. Deed. A Special Warranty Deed ("Deed") for the Prescott Parcel, conveying good and insurable fee simple title and warranting title to be free and clear of all Prescott Defects subject only to Prescott Permitted Exceptions, in the form attached hereto as Exhibit "C" with any modifications required by the Title Company. ii. Affidavits. Affidavit(s) stating that: (1) vacant possession of the Prescott Parcel is being delivered; (2) there are no unrecorded or oral leases or agreements affecting the Prescott Parcel; (3) there are no unrecorded liens against the Prescott Parcel; (4) Prescott has no knowledge of any proposed or contemplated road or access changes affecting the Prescott Parcel, such as widening or narrowing; (5) Prescott is not a foreign person or entity; and (6) such other affidavits as University Park or Title Company may reasonably require. iii. Closing Statement. Four (4) signed copies of a closing statement. AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 4 Dallas 1271948_10 3484.79 iv. Authority. Such evidence or documents as may be reasonably required by University Park or the Title Company evidencing the status and capacity of Prescott and the authority of the person or persons who are executing the various documents on behalf of Prescott in connection with the exchange of the Prescott Parcel for the UP Parcel, including, but not limited to, a good standing certificate from the Secretary of State of Texas and corporate resolutions, if applicable. b. University Park’s Closing Documents. i. Deed. A Special Warranty Deed ("Deed") for the UP Parcel conveying good and insurable fee simple title and warranting title to be free and clear of all UP Defects subject only to UP Permitted Exceptions, in the form attached hereto as Exhibit "C" with any modifications required by the Title Company. ii. Affidavits. Affidavit(s) stating that: (1) vacant possession of the UP Parcel is being delivered; (2) there are no unrecorded or oral leases or agreements affecting the UP Parcel; (3) there are no unrecorded liens against the UP Parcel; (4) University Park has no knowledge of any proposed or contemplated road or access changes affecting the UP Parcel, such as widening or narrowing; (5) University Park is not a foreign person or entity; and (6) such other affidavits as Prescott or Title Company may reasonably require. iii. Closing Statement. Four (4) signed copies of a closing statement. iv. Authority. Such evidence or documents as may be reasonably required by Prescott or the Title Company evidencing the status and capacity of University Park and the authority of the person or persons who are executing the various documents on behalf of University Park in connection with the exchange of the Prescott Parcel for the UP Parcel, including, but not limited to, a good standing certificate from the Secretary of State of Texas and corporate resolutions, if applicable, and any applicable City Council Resolutions. c. Real Estate Taxes. General and special real estate taxes and other state or city taxes affecting each parcel shall be prorated as of the Closing Date, with each party responsible for such taxes on the parcel it is conveying for the period prior to Closing. i. University Park shall pay any roll-back taxes which may be attributable to the transfer of the UP Parcel to Prescott or Prescott’s contemplated development of the UP Parcel, including all rollback taxes that would be applicable for the time period prior to the Closing Date. AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 5 Dallas 1271948_10 3484.79 ii. Prescott shall pay any roll-back taxes which may be attributable to the transfer of the Prescott Parcel to University Park or University Park’s contemplated development of the Prescott Parcel, including all rollback taxes that would be applicable for the time period prior to the Closing Date. d. Transfer Taxes. Any recordation, transfer or sales tax, including without limitation, tax(es) on the Deeds, taxes required to be paid in connection with the recording of the Deeds, documentary stamp taxes, or intangible taxes, shall be divided equally and paid by both parties. e. Recording Fees. Recording costs of any conveyancing documents shall be divided equally and paid by both parties. f. Brokers. Prescott and University Park represent and warrant to each other that they have not had any dealings with any real estate brokers, finders or agents in connection with this exchange, and no commissions or fees are payable in connection with this Agreement. g. Title Policies. i. Title Policy on the Prescott Parcel. It shall be a condition precedent to University Park's obligation to close that University Park shall have received a Texas Owner Policy of Title Insurance Title Policy (the "") issued by the Title Company on the standard form in use in the State of Texas, insuring good and indefeasible title to the Prescott Parcel in University Park, subject only to the Prescott Permitted Exceptions and the standard printed exceptions, except: (i) the exception relating to restrictions against the Prescott Parcel shall be endorsed by the Title Company to read "none of record", except for such restrictions as may be included in the Prescott Permitted Exceptions; (ii) the exception relating to discrepancies, conflicts or shortages in area or boundary lines, or any encroachment or any overlapping of improvements which a survey might show may be modified to delete such exception, except as to "shortages in area"; (iii) the exception relating to ad valorem taxes shall except only taxes owing for the current and subsequent years and (iv) such other endorsements as University Park may reasonably require. The cost of the basic Title Policy shall be borne by Prescott. Any extended coverage and endorsements (including any survey deletion) required by University Park shall be paid by University Park. ii. Title Policy on the UP Parcel. It shall be a condition precedent to Prescott's obligation to close that Prescott shall have received a Title Policy issued by the Title Company on the standard form in use in the State of Texas, insuring good and indefeasible title to the UP Parcel in Prescott, subject only to the UP Permitted Exceptions and the standard printed exceptions, except: (i) the exception relating to restrictions against the UP Parcel shall be AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 6 Dallas 1271948_10 3484.79 endorsed by the Title Company to read "none of record", except for such restrictions as may be included in the UP Permitted Exceptions; (ii) the exception relating to discrepancies, conflicts or shortages in area or boundary lines, or any encroachment or any overlapping of improvements which a survey might show may be modified to delete such exception, except as to "shortages in area"; (iii) the exception relating to ad valorem taxes shall except only taxes owing for the current and subsequent years and (iv) such other endorsements as Prescott may reasonably require. The cost of the basic Title Policy shall be borne by University Park. Any extended coverage and endorsements (including any survey deletion) required by Prescott shall be paid by Prescott. 11. Notices. All notices, demands, or other communications of any type ("Notices") given pursuant to this Agreement shall be in writing and shall be delivered to the person to whom the notice is directed, either in person with a receipt requested therefor, or sent by a recognized overnight service for next day delivery or by United States certified mail, return receipt requested, postage prepaid to the addresses or by facsimile as follows: If to Prescott: c/o Prescott Realty Group, Inc. 6060 N. Central Expressway, Suite 101 Dallas, Texas 75206 Attn: Brian Leslie Tel: (214) 292-3758 Fax: (214) 269-1875 With a copy to: Munsch Hardt Kopf & Harr, P.C. 500 N. Akard Suite 3800 Dallas, Texas 75201 Attn: Richard O. Kopf, Esq. Telecopy: 214-914-4360 If to University Park: _______________________ _______________________ _______________________ Attn: Telecopy: Any notice given by personal delivery or courier delivery service will be deemed effective when received. Any notice given by United States Mail will be deemed effective upon deposit in the United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed as set forth above. Any notice sent by facsimile shall be deemed given by the date reflected by the facsimile confirmation receipt. 12. Representations. a. Prescott’s Representations. AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 7 Dallas 1271948_10 3484.79 i. Prescott represents to University Park that Prescott owns the Prescott Parcel in fee simple, and has full authority to execute this Agreement and all documents pertaining to this real property exchange to be executed by Prescott hereafter. The individuals signing this Agreement and all other documents pertaining to the real property exchange are fully authorized by Prescott to do so. ii. Prescott represents that it has received all the necessary consents needed to effectuate this exchange of real property, and that there are no other agreements binding Prescott that would effect this exchange. iii. Prescott represents that it is receiving fair consideration for the conveyance of the Prescott Parcel. b. University Park’s Representations. i. University Park represents to Prescott that University Park owns the UP Parcel in fee simple, and has full authority to execute this Agreement and all documents pertaining to this real property exchange to be executed by University Park hereafter. The individuals signing this Agreement and all other documents pertaining to this real property exchange are fully authorized by University Park to do so. ii. University Park represents that it has received all the necessary consents needed to effectuate this exchange of real property, and that there are no other agreements binding University Park that would effect this exchange. iii. University Park represents that it is receiving fair consideration for the conveyance of the UP Parcel. 13. Remedies of Default. a. Prescott’s Defaults; University Park’s Remedies. In the event that Prescott shall be in default hereunder, University Park may, as its sole option and exclusive remedy for such default, deliver a written notice to Prescott stating with particularity the alleged default of Prescott and the action required by Prescott to cure such default, and stating University Park's intent to terminate this Agreement or seek to enforce specific performance if the default is not cured, whereupon Prescott shall have five (5) days after receipt of such notice in which to cure the alleged default to University Park's reasonable satisfaction (and the Closing Date shall be delayed, if necessary, until the end of such five (5) day period). In the event such default is not cured within such five (5) day period, then University Park may terminate this Agreement by written notice to Prescott and the Title Company, or enforce all of the terms of this Agreement by specific performance. AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 8 Dallas 1271948_10 3484.79 b. University Park’s Default; Prescott’s Remedies. In the event that University Park shall be in default hereunder, Prescott may, as its sole option and exclusive remedy for such default, deliver a written notice to University Park stating with particularity the alleged default of University Park and the action required by University Park to cure such default, and stating Prescott's intent to terminate this Agreement or seek to enforce specific performance if the default is not cured, whereupon University Park shall have five (5) days after receipt of such notice in which to cure the alleged default to Prescott's reasonable satisfaction (and the Closing Date shall be delayed, if necessary, until the end of such five (5) day period). In the event such default is not cured within such five (5) day period, then Prescott may terminate this Agreement by written notice to University Park and the Title Company, or enforce all of the terms of this Agreement by specific performance. 14. Choice of Law. This Agreement, and the interpretation and enforcement thereof, shall be governed by the laws of the State of Texas. 15. Attorney’s Fees. Each party shall be responsible for its attorneys' fees in connection with the exchange of the property. However, In the event that either party commences suit to recover damages arising from a breach of this agreement or otherwise to seek enforcement hereof, the prevailing party shall be entitled to an award of reasonable attorneys' fees, together with court costs and litigation expenses reasonably incurred and actually paid. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. 17. Successors and Assigns: Assignment. This Agreement shall bind and inure to the benefit of Prescott and University Park and their respective heirs, executors, administrators, personal and legal representatives, successors and assigns. [SIGNATURE PAGE TO FOLLOW] AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 9 Dallas 1271948_10 3484.79 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. MC TOWNHOMES I, L.P. , a Delaware limited partnership By: PRESCOTT MC TOWNHOMES I GENPAR LP, a Texas limited partnership, managing general partner By: Prescott MC Townhomes I GP LLC, a Texas limited liability company, its general partner By: Judson L. Pankey Manager CITY OF UNIVERSITY PARK By: Name: Title: AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 10 Dallas 1271948_10 3484.79 EXHIBIT "A" LEGAL DESCRIPTION OF THE PRESCOTT PARCEL EXHIBIT “A” TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 11 Dallas 1271948_10 3484.79 EXHIBIT "B" LEGAL DESCRIPTION OF THE UP PARCEL EXHIBIT “B” TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 12 Dallas 1271948_10 3484.79 EXHIBIT "C" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER SPECIAL WARRANTY DEED STATE OF ____________ § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF __________ § THAT _______________________________ , a __________________ Grantor ("") for and in consideration of the sum of Ten and no/100 Dollars ($10.00) cash and other good and valuable consideration paid in hand by Grantee ___________________________ , a ______________ (""), whose address is ________________________________________, the receipt and sufficiency of which is hereby acknowledged, HAS GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee all that certain land situated in ______________, _____________ County, ______________, and described on Exhibit "A-1" attached hereto and incorporated herein by reference for all purposes, together with all of Grantor's right, title and interest in and to all appurtenances thereon or in anyway appertaining thereto and all of Grantor's right, title and interest in and to all buildings, structures, fixtures and improvements located thereon (said land, real property, rights, improvements and appurtenances being herein Property collectively referred to as the ""). This conveyance and the warranties of title herein are expressly made subject to the liens, encumbrances, easements and other exceptions set forth on Exhibit "B-1" attached hereto and incorporated herein by this reference for all purposes, to the extent the same are valid and subsisting and affect the Property. TO HAVE AND TO HOLD the Property unto Grantee, and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor, and Grantor's successors and assigns to WARRANT and FOREVER DEFEND, all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXHIBIT “C” TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 13 Dallas 1271948_10 3484.79 EXECUTED on ________________, 2007, to be effective upon delivery of this Special Warranty Deed by or on behalf of Grantor to Grantee. GRANTOR: _____________________________ _______________________ By:__________________________ Name:_______________________ Title:_________________________ STATE OF ___________ § § COUNTY OF _________ § The foregoing instrument was ACKNOWLEDGED before me, a Notary Public, this _____ day of ____________, 2007, by ___________________________________, as ____________ of ____________________, a ______________________, on behalf of said _____________. Notary Public in and for the State of ____________ My commission expires: ___________________ EXHIBIT “C” TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY Page 14 Dallas 1271948_10 3484.79 Tract 3 Tract 2 AGENDA MEMO (11-06-07 AGENDA) DATE: November 2, 2007 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Discussion of one-way streets in the area bounded by Lovers Lane, Daniel, Dickens, and Hillcrest. Background. During discussions of the Snider Plaza Master Plan Committee, staff was asked to review the feasibility of implementing one-way street configurations on Rosedale, Milton, Rankin, and Westminster, between Hillcrest and Dickens. To that end, engineering and fire staff met with traffic consultant Dannie Cummings. The two key elements of discussion centered on: whether one-way streets improve traffic patterns in the vicinity of Snider Plaza; whether one-way streets develop additional parking opportunities; In order to develop workable one-way couplets (i.e., Rosedale-EB, Milton-WB, Rankin–EB, and Westminster-WB, the Snider Plaza / Rosedale would have to be opened to east-west traffic). This configuration of couplets was initially discussed to determine whether the EB traffic on Rosedale would mitigate the intermittent queuing problem onto Hillcrest resulting from the drive-through lane at Bubba’s. Additionally, the traffic signal at Milton and Hillcrest would be moved to the Rosedale intersection. ADVANTAGES Eliminates queuing problem at Hillcrest and Rosedale; Eliminates vehicles meeting head-on, west of Snider Plaza, with one having to give way to the other on what is effectively a one lane street; DISADVANTAGES No additional parking spaces are provided; Drivers in the Plaza must “leap-frog” two blocks (i.e., Rosedale to Rankin or Milton to Westminster) while shopping or looking for available parking spaces; Queuing problem from Bubba’s drive-through lane move to EB Rosedale and exacerbate NB Snider Plaza traffic issues; The Snider Plaza Master Plan Committee reviewed the aforementioned issues and recommended that nothing should be decided until after the Carl Walker representatives review the situation as part of the parking analysis and study. A couple of mitigation measures that need to may be feasible, but need some engineering consideration, are: Consider placement of a narrow concrete median along the center of Rosedale from Hillcrest west to the alley. Effectively, EB traffic would be the only access to the drive-through; Widen the east-west streets west of Snider Plaza as part of the upcoming curb & gutter project, which may allow two-way traffic without losing parking; Consideration. Staff requests Council direction prior to any further action. AGENDA MEMO (11/06//07 AGENDA) DATE: November 2, 2007 TO: Honorable Mayor and City Council FROM: City Manager Bob Livingston SUBJECT: CANDIDATE FOR DALLAS CENTRAL APPRAISAL DISTRICT BACKGROUND/ANALYSIS: An election of members to the Board of Directors of the Dallas Central Appraisal District is conducted in odd-numbered years. The term of office is two years beginning January 2008. By special provision of the Property Tax Code, each of the incorporated cities, except the City of Dallas, shall have the right to nominate and vote by resolution for one (1) candidate as the fourth member of the Board of Directors from the nominations received. Information and the resumes are attached for the six (6) candidates of the suburban cities. RECOMMENDATION: Vote for one (1) candidate. ATTACHEMENTS: Letter from Dallas Central Appraisal District. Resolution. Resumes of the six (6) candidates. RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE FY2008 CAPITAL PROJECTS BUDGET FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of University Park uses a five-year Capital Improvement Program (CIP) to plan and fund its capital projects; and WHEREAS , City staff has identified a series of specific projects for implementation in the fiscal years 2008 through 2012; and WHEREAS, the first year of the five-year CIP serves as the City’s capital budget; and WHEREAS, the Capital Projects Review Committee has met with City staff to review and consider the proposed FY2008-2012 projects; and WHEREAS, the Committee recommends adoption of the FY2008 capital projects budget totaling $18,427,390; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1 . That the FY2008 capital projects budget for the City of University Park is hereby adopted as follows: Project Project Category/Title No. FY2008 INFORMATION TECHNOLOGY A/S 400 Computer Upgrade - Public Safety 11960 80,000 City Network Infrastructure Upgrade 12000 50,000 Enterprise GIS system upgrade 13120 42,276 Court software replacement 13200 120,000 INFORMATION TECHNOLOGY SUBTOTAL 292,276 PARKS Coffee Park 21900 354,000 Sis Germany Park 22500 21,735 Tennis Courts Relighting 22600 40,000 Park Entrance Sign Program 22800 30,000 Hitzelberger Park 23100 496,000 Smith Park 23200 0 University Blvd. Medians 23400 50,000 City Gateway Entrance Program 23700 20,000 Hunters Glen & Druid Median 24100 5,000 Pool Renovations - Phase 1 24400 600,000 PARKS SUBTOTAL 1,616,735 PUBLIC SAFETY 49776 Handheld Ticket Writing Project 32500 60,000 Fire training tower renovation 33000 90,000 Inkless Finger Printing 33100 35,000 Digital Cameras for Fire Apparatus 33200 60,000 PUBLIC SAFETY SUBTOTAL 245,000 PUBLIC WORKS Northwest Parkway Wall 21800 1,979,271 Asphalt Overlay Program 2007-08 42696 650,000 Curb & Gutter Replacement 2006-07 42995 0 Curb & Gutter Replacement 2007-08 42996 1,848,284 City Hall Renovation 43700 6,229,997 City Hall Renovation IV: Goar Park Improvements 43730 300,005 City Hall Renovation V: EOC/Alternate Dispatch 43740 226,898 Hillcrest 12" Water Line 44400 0 Hillcrest Daniel Intersection 44401 0 NW Parkway wall water main 44810 121,221 Old Peek Center renovation 45500 150,000 MPY 4000 Hanover/Purdue & Other Alleys 47010 813,100 MPY 4100-4200 Bryn Mawr/Hanover 47015 600,000 MPY 4100-4500 Shenandoah/Normandy 47020 121,275 MPY 4100-4300 Shenandoah/Stanhope 47100 132,689 Paint Fondren Water Tank 48100 500,000 Booster Pump Station 48410 1,810,639 McFarlin Bridge Replacement 48700 200,000 Emergency Water Supply Main 49000 90,000 Specific Alley Pavement Improvements 49150 500,000 16,273,37 PUBLIC WORKS SUBTOTAL 9 18,427,39 GRAND TOTAL 0 SECTION 2 .. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. th DULY PASSED by the City Council of the City of University Park, Texas, on the 6 day of November, 2007. APPROVED : __________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: __________________________________ __________________________________ CITY ATTORNEYKATE SMITH, CITY SECRETARY 49776 AGENDA MEMO (11/06/2007 AGENDA) DATE: November 1, 2007 TO: Honorable Mayor and City Council City Manager FROM: Kent Austin, Director of Finance SUBJECT: Budget amendment BACKGROUND The November 6, 2007, City Council agenda includes an ordinance that would amend the FY2008 budget for two reasons: 1)to carry forward $961,941 encumbered at the end of FY2007; and, 2)to recognize receipt of “Click It or Ticket” grant money and provide funds for the police chief contract deferred compensation payment Encumbrances Approval of the encumbrances (purchase orders) makes the funds available for expenditure in the current fiscal year, FY2008. The specific amounts per department and line-item account are provided in Exhibit “A” to the attached ordinance. Overall, the totals by fund are: General Fund $728,731 Utility Fund $182,443 Sanitation Fund $ 50,767 By comparison, total encumbrances for FY2007 amounted to $873,397, and FY2006 totaled $857,507. Without this amendment, the City could not expend these funds without exceeding the adopted budget. Specific items Also included in the amendment ordinance: $2,739 “Click It or Ticket” grant (revenue) and UPPD overtime earnings (expenditures) $23,500 deferred compensation for police chief contract (omitted from adopted budget by error) Impact on budget and financial position The adopted FY2008 combined budget revenues exceed expenditures by $155,043. The proposed budget amendment would increase budgeted expenditures by $985,441, so that the amended FY2008 budget expenditures would exceed revenues by $830,398. This is typical of budget amendments and can be accommodated by positive fund balances. At the end of FY2007, fund balances in the budgeted funds were as follows: General Fund, $7,889,621; Utility Fund, $5,384,531; Sanitation Fund, $646,742. RECOMMENDATION The encumbrance carryforward is presented to the Council each year as a routine item, as is the part of the amendment regarding specific requests. City staff recommends approval of the attached ordinance. ATTACHMENTS: Table displaying budget amendment impact Ordinance with Exhibits ORDINANCE NO. 07____ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2007-2008 FISCAL YEAR BUDGET, ORDINANCE NO. 07-32, TO CARRY FORWARD ENCUMBRANCES FROM THE 2006-2007 FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $728,729.56, UTILITY FUND ENCUMBRANCES OF $182,442.63, AND SANITATION FUND ENCUMBRANCES OF $50,767.03; TO APPROPRIATE $23,500 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $26,239 AND INCREASING REVENUES BY $2,739; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 07-32 to carry forward encumbrances of funds from the 2006-2007 fiscal year budget and transfer funds from unreserved fund balance of the General Fund into specific accounts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 07-32, the 2007-2008 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to carry forward to the 2007-2008 fiscal year encumbrances authorized in the 2006-2007 budget, but not expended during such fiscal year. That a complete listing of such encumbrances, as they existed as of the beginning of the current fiscal year, is attached hereto as Exhibit “A” and made a part hereof for all purposes. That all of such encumbrances, totaling $728,729.56 of general fund encumbrances, $182,442.63 of utility fund encumbrances, and $50,767.03 of sanitation fund encumbrances, be, and the same are hereby, approved and carried forward into and made a part of the 2007-2008 fiscal year budget of the City. SECTION 2. That Ordinance No. 07-32, the 2007-2008 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to appropriate unreserved fund balances of $23,500 from the general fund by increasing expenditures $26,239 and revenues by $2,739 in the specific accounts listed on Exhibit “B” attached hereto and made part hereof for all purposes, and such expenditures are herby authorized and made a part of the 2007-2008 fiscal year budget of the City. SECTION 3. 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 6th day of November, 2007. APPROVED: ____________________________________ JAMES H. HOLMES, III, MAYOR ATTEST: ____________________________________ KATE SMITH, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY