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Agenda 11-16-04 Names Tabs.doc
AGENDA #2426 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM TUESDAY, NOVEMBER 16, 2004 AT 7:30AM II. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. CONSENT AGENDA CONSIDER: Approval of City Council Meeting Minutes for November 2, 2004 Wilson Tab I III. MAIN AGENDA B. C. D. E. F. G. H. I. J. DISCUSS: Council inspection of 4305 Greenbrier McLaurin Tab II CONSIDER: Ordinance to amend sign regulations to permit temporary signs for Mad For Plaid and Max-A-Million Carriage Rides McLaurin Tab III CONSIDER: Approval of proposal from C2 Consulting Services for cable television franchise fee audit Austin Tab IV CONSIDER: Renewal of administrative services for self-funded health plan for city employees Hanford Tab V CONSIDER: Renewal of Life Insurance, Long Term Disability Insurance for city employees Hanford Tab VI CONSIDER: Resolution for Texas Traffic Safety Program Grant Project: STEP WAVE Adams Tab VII CONSIDER: Telecommunications easement for AT&T Wireless along west side of Roland Avenue right-of-way Speer Tab VIII CONSIDER: Purchase of Replacement Vehicles through H-GAC Green Tab IX DISCUSS: Utility project on Hillcrest north of Southwestern Whaling CONSIDER: Employee holidays for Christmas Season Livingston Tab X DISCUSS: Council Strategic Goals Smith Tab XI 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. MINUTES #2425 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, NOVEMBER 2, 2004, 5:00 P.M. Mayor Holmes convened the Council into Executive Session at 4:01 p.m. under Sections 551.071 and 551.074 of the Texas Government Code, consultation with the City Attorney and also regarding a personnel matter. The Executive Session was adjourned at 4:42 p.m. No action was taken. Mayor Holmes then opened the meeting of the City Council. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter and Harry Shawver. Councilmember Kelly Walker was absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. BOY SCOUTS Cole McCrum, 7159 Lavendale, Dallas, Texas, of Boy Scout Troop #730, introduced himself and stated that he was working on the Citizenship in the Community Merit Badge. AWARDS & RECOGNITION INTRODUCTION: The Reverend Scott Wizeman was introduced as the Police and Fire Chaplain. Mr. Wizeman is a minister at University Park United Methodist Church. ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT AWARD: Finance Director Kent Austin introduced Purchasing Agent Christine Green and Administrative Secretary Sandy Perkins congratulating them on the award. The program is designed to measure innovation, professionalism, e-procurement, productivity and leadership attributes of the procurement function. The City is one of only 45 cities to receive the award four times. EMPLOYEE RECOGNITION AWARD: Police Chief Gary Adams presented the award to Parking Enforcement Officer Stan Burkman and Mayor Pro Tem Roberts presented him with a check from the City. On September 30, 2004, while writing tickets in the 3200 block of Milton, Officer Burkman found a wallet on the street containing a large amount of cash, various credit cards and personal identification belonging to a City resident. Officer Burkman made contact with the resident and verified the loss of a wallet and made arrangements to return it. Upon its return, the resident stated that it contained $500.00 in cash. The cash along with credit cards and other personal papers were all accounted for. Officer Burkman exhibited his honesty and integrity by returning the money to its owner. DEPARTMENT PINS: City Manager Bob Livingston presented Fire Department Section Chief Jim Stroope and Driver/Engineer Mike Carrell 30-year pins; Utility Department Maintenance Technician II Ysabel Torres a 15-year pin; Police Officer Eric Walden, a 10-year pin for a total of 85 years of service to the City. BOY SCOUTS OF AMERICA: Boy Scout Cole McCrum, 7159 Lavendale, Dallas, who is working on his Citizenship in the Community Merit Badge, introduced himself. He is in Troop #730. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA PROCLAMATION FOR REX CURTIS, DIRECTOR OF FACILITIES, HIGHLAND PARK PRESBYTERIAN CHURCH: Rex Curtis Day was proclaimed by the church honoring Mr. Curtis, who has worked tirelessly to assure the comfort and safety of church members and stafl~ CONSIDER APPROVAL OF CITY COUNCIL MEETiNG MINUTES: For October 20, 2004. MAIN AGENDA CONSIDER APPOINTMENT OF DAN HAGOOD AS ALTERNATE MUNICIPAL COURT JUDGE: As the appointment is a function of the Mayor and Council, Mayor Holmes and Judge James P. Barklow, Jr. proposed appointing Mr. Hagood as an Alternate Judge in the City of University Park Municipal Court. Councilmember Shawver moved approval of the appointment. Mayor Pro Tem Roberts seconded, and the vote was unanimous to authorize Dan Hagood as an Alternate Municipal Court Judge. CONSIDER REQUEST FROM MAX-A-MILLION CARRIAGE RIDES TO WAIVE SIGN ORDINANCE REQUIREMENTS: On September 22nd, the City Council gave approval to Max- A-Million Horse-Drawn Carriage to operate in Snider Plaza during the upcoming holiday season. As this approval did not include any type of advertising or temporary signage, the owner requested the Council approve two (2) "A" frame signs to be placed within the Plaza. A petition with 27 signatures from tenants of Snider Plaza in favor of the amendment was presented to the Council. Staff had no issue with the request as long as the signs do not obstruct traffic or sight lines. The Council suggested a temporary amendment to the sign ordinance for 2004 to see how it works. However, even if there is no problem, the request will have to be made on an annual basis. Councilmember Shawver moved that the sign ordinance be amended to allow two (2) A- Frame signs in the Plaza for October, November and December and that they be taken down the last day of December. Mayor Pro Tem Roberts seconded, and the vote was unanimous to waive the sign ordinance requirements temporarily. The ordinance amendment will be placed on the November 16, 2004 Agenda and will include the Mad For Plaid request for temporary signage. PUBLIC HEARING FOR ABATEMENT OF NUISANCES AT 4021 MARQUETTE: Mayor Holmes opened the public hearing. The city has had complaints regarding the condition of the property at 4021 Marquette as far back as 1995, as a result of junk vehicles, defective sidewalks, or other deteriorating conditions on the property. In each of these cases, the property owner, Mr. Cloyde Buchanan Jr., was issued a citation for not bringing his property into compliance. In each of these instances, he failed to accept the citation or appear in court. Mr. Buchanan had to be transported by ambulance to the hospital in April for breathing difficulties and allowed a neighbor access to his home. The neighbor brought to our attention the fact that the interior of the house was in a complete state of disrepair. Mr. Buchanan's daughter, Linda Maclver, who was in town during her father's hospital stay, asked for City assistance in getting some of the debris removed from the home, which she received. Since City Building Inspection Staff has not been permitted to formally inspect the inside of the residence by the property owner, but only through the description and photos furnished by the neighbor, the following concerns exist within the structure: electrical hazards, unsanitary conditions resulting from rodent infestation, mold in walls and flooring as a result of holes in the roof, and roof, walls, floors, windows, and doors not properly sealed from outside. Section 3.201 of the City of University Park Code of Ordinances defines items such as those listed above as "public nuisances" and states that such shall be abated, repaired, rehabilitated, demolished, or removed. Staff recommends that the Council order the complete elimination of the stated nuisances on the property at 4021 Marquette within thirty (30) days. In the event that the property owner does not meet the Council imposed deadline, the City will proceed to carry out the work called for by Council's order, and the cost of such work shall be levied as a tax against the premises. Mr. Buchanan appeared before the Council and stated the property was under contract and that the closing date was November 29, 2004. Mayor Holmes closed the public hearing. Mayor Holmes moved that Mr. Buchanan be given 45 days or until December 10, 2004 to close the sale of his home. The issue will be discussed again on the first City Council meeting after 45 days from November 2, 2004, which will be December 14, 2004 at 7:30 a.m. Councilmember Shawver seconded, and the vote was unanimous to issue the Order for Abatement of Public Nuisance. REPORT FROM COUNCILMEMBERS WALKER AND CARTER REGARDING CONDITION OF PROPERTY AT 4305 GREENBRIER: Mr. Kenneth Crozier, 4305 Greenbrier, appeared at the October 20th City Council meeting unable to explain why he had not met the sixty (60) day deadline for correcting the violations on his property that had been imposed by the Council in August. The violations specifically consist of the need to eliminate the junk, debris and overgrowth on the property, as well as painting all of the exposed wood on his house and detached structures. When asked why he refused to allow city staff on his property to inspect for compliance, Mr. Crozier stated that he believed he would be opening himself to possible additional prosecution. He insisted that he could correct all of the problems if he was given enough time. It was noted again at this meeting that staff had been working with Mr. Crozier on this matter since October 2003. Councilmembers Walker and Carter agreed to set up an appointment with Mr. Crozier to walk the subject property with him and observe the progress that he has made in the clean up since being contacted by a Code Enforcement Officer. Code Enforcement Officer, Russell Craig was to accompany them whenever they were able to agree upon a date and time to inspect the property. A meeting had been set for 3:00 p.m. November 2, 2004, but Mr. Crozier experienced car trouble and was unable to keep the appointment. Another appointment will be set up to inspect the property. If no access is gained to the property at that time, Council will move forward. Mayor Holmes moved that direct access to the property for an inspection be given on or before November 12, 2004 to Councilmembers Kelly and Carter and a Code Enforcement Officer. The motion was made and amended and seconded by Mayor Pro Tem Roberts to place the item on the November 16th Agenda. The vote was unanimous to approve the extension. CONSIDER ORDiNANCE REQUESTING TWO 15-MINUTE PARKING SPACES AT 4347 LOVERS LANE: The owner of Avon Cleaners, 4347 Lovers Lane, submitted a request for two (2) 15- minute parking spaces on the south side of Lovers Lane. The spaces are currently subject to a 2- hour time limit. The owner, Stacy Godo, has collected signatures from a majority of property owners along the 4300 block indicating their approval of the proposed 15-minute parking spaces. Modifying the current 2-hour time limit to al 5-minute time limit requires Council approval of an ordinance specifying the exact location of the proposed parking spaces. Councilmember Shawver moved approval of the request. Mayor Holmes seconded, and the vote was unanimous to approve an ordinance for two 15-minute parking spaces at 4347 Lovers Lane. ORDINANCE NO. 04/34 AN ORDiNANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING TO FIFTEEN MINUTES ON THE SOUTH SIDE OF THE 4300 BLOCK OF LOVERS LANE FOR TWO PARKING SPACES AT 4347 LOVERS LANE, SAID AREA BEING DEPICTED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; 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 ORDINANCE AMENDING FY2005 BUDGET TO CARRY FORWARD ENCUMBRANCES FROM FY2004: The ordinance will amend the FY2005 budget to carry forward $545,293.97 encumbered at the end of FY2004, thus making the funds available for expenditure in the current fiscal year. Without this amendment, the City could not expend these funds without exceeding the adopted budget. Councilmember Carter moved approval or the amendment. Councilmember Shaxwer seconded, and the vote was unanimous to approve the ordinance to carry forward encumbrances from FY2004. ORDINANCE NO. 04/35 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2004- 2005 FISCAL YEAR BUDGET, ORDINANCE NO. 04/26, TO CARRY FORWARD ENCUMBRANCES FROM THE 2003-2004 FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $362,591.22, UTILITY FUND ENCUMBRANCES OF $181,307.10, AND SANITATION FUND ENCUMBRANCES OF $1,395.65; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ACCEPTING A RENEWAL OFFER FROM UNITED HEALTH CARE FOR SPECIFIC STOP LOSS AND AGGREGATE STOP LOSS COVERAGE: For the current year, the City has coverage that limits our liability to $60,000 for individual claims as well as aggregate stop-loss coverage. The City has not received finn quotations regarding the aggregate coverage. The broker has obtained an individual stop-loss quote from the current carrier, National Benefit Resources, for $263,892 (current year cost $216,600). The quote is valid until November 15th. After that date, it is subject to review and adjustment based on additional claim information. Acceptance of the bid will freeze the cost of the coverage but will allow the City to continue to shop the coverage for better quotations at the current and alternative stop-loss points. If one is obtained from another carrier, the City can change. Mayor Pro Tem Roberts moved that the City accept the bid. Councilmember Shawver seconded, and the vote was unanimous to approve acceptance of the renewal off'er from United Health Care. DISCUSS ART OBJECTS LOCATED IN FRONT YARDS OF RESIDENTIAL PROPERTIES: As a result of the placement of the "horse & rider" in the front yard of the new home at 4000 University Boulevard., staff had been requested to bring the issue of art objects located in the front yard of residential properties before the Council. According to Section 8-608 (3) of the Zoning Ordinance only "Free standing columns, statuaries, bird baths, pedestals, and other art objects" are to be located in the required front yard in residential districts. Since there is no definition for "other art objects", sculptures or statues similar to the one in question or larger, or located closer to the street cannot be regulated as long as they are on private property. The Zoning Ordinance Advisory Committee (ZOAC) will have to recommend any amendment of Section 8-608. Mayor Holmes moved that Section 8-608 of the Zoning Ordinance be referred to the ZOAC and amended to make "art objects" clearer. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the referral to ZOAC. REVIEW REPORT FROM GSWW REGARDING INFILTRATION-IN-FLOW INTO SANITARY SEWER COLLECTION SYSTEM: In 1996, GSWW Consulting Engineers performed extensive testing and monitoring of the City's sanitary sewer collection system to identify sources of extraneous flows (stormwater/groundwater) infiltrating into the system. That infiltration/inflow, coupled with the City's normal wastewater flows and other factors, resulted in downstream capacity issues (i.e., overflows from surcharging manholes). The study identified a considerable list of locations in need of replacement, which has served as a source of high priority capital improvements for the past eight years. Virtually, all of the aforementioned priority replacements have been completed, and we contracted with GSWW to perform additional monitoring to determine whether our replacement program has been successful in reducing the amount of I/I in our system. FALL LEADERSHIP UNIVERSITY PARK CLASS: Mayor Holmes introduced each graduate of the fall class and presented them with Certificates of Achievement. There being no further business, the meeting was adjourned, the meeting was adjourned into a reception honoring the Fall Leadership UP Class. PASSED AND APPROVED this 16th day of November 2004. ATTEST: James H. Holmes III, Mayor Nina Wilson, City Secretary AGENDA MEMO (11/16/04 AGENDA) DATE: TO: FROM: SUBJECT: November 12, 2004 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Council Inspection of 4305 Greenbrier - Kenneth Crozier BACKGROUND: Appearing at the November 2nd City Council meeting, Mr. Kenneth Crozier, of 4305 Greenbrier, again explained why he had been unable to arrange a date and time in which he could meet representatives from the city, Councilmembers Walker and Carter, to determine if his property had been brought into compliance. At that meeting, the Council instructed Mr. Crozier that he would need to make his property available for inspection on or before November 12th or the Council would determine how to move forward at it's very next meeting, November 14th. At the writing of this memo, Mr. Crozier has a meeting scheduled with Councilmembers Kelly Walker and Syd Carter, along with Code Enforcement Officer Russell Craig, to inspect the property at 4305 Greenbrier. PUBLIC NOTICE: N/A RECOMMENDATION: We will determine the current status of Mr. Crozier's property based on observations made by Kelly Walker and Syd Carter. If it is determined that the violations have not been corrected, then stafl~s recommendation will be based on how much has actually been accomplished. If the property is basically in the same state that it has always been in, then no further time should be granted and the city should take the appropriate measures to have the corrections made. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\COUNCIL AGENDA ITEM 4305 Greenbrier 11-16.doc 11:45 AM 11/12/04 STATE OF TEXAS COUNTY OF DALLAS CITY OF UNIVERSITY PARK ORDER FOR ABATEMENT OF PUBLIC NUISANCE On the 16th day of November 2004, the City Council of the City of University Park, Texas, considered a notification by the Director of Public Works that a public nuisance existed at 4305 Greenbrier and that the owner, Kenneth D. Crozier, or occupant had failed, neglected or refused to comply with notice from the Director of Public Works to commence the required demolition, improvement or repairs, and the City Council, having considered the complaint of the Director and the response of the owner at the public hearing on this date, finds and determines that: 1. The yard and premises surrounding the buildings on the property contain an accumulation of trash, debris, refuse and junk which tend to block ingress and egress to the premises, block passage through the premises, pollute the atmosphere, and are dangerous to the health and welfare of the community because they have become a haven for rats and mosquitoes; 2. The buildings on the property are unsightly due to lack of paint and general condition; and 3. That the condition of the property constitutes a public nuisance within the meaning of Section 3.201 (c) of the University Park Code of Ordinances. The City Council further finds that the owner has been given notice as required by Section 3.202 of the University Park Code of Ordinances and has failed, neglected or refused to comply with said notice to abate or remove the junk, weeds, grass, and trees and to paint the buildings at 4305 Greenbrier both of which conditions constitute public nuisances. The City Council further finds that a diligent effort has been made to discover each mortgagee and lienholder having an interest in the building or in the property on which the building is located, and has determined that there are no mortgagees or lienholders having any such interest. It is therefore ordered that the owner, Kenneth D. Crozier, and any occupant proceed with the work specified in the notice given to the owner to remove the trash, debris, refuse, and junk from the premises at 4305 Greenbrier and repaint the buildings on the property, and if the owner or occupant of said premises fails or refuses to do so within days after a copy of this Order has been delivered to the owner in person or sent by letter to his last known address by certified mail, the Director of Public Works is directed to perform such work and the cost of such work shall be levied as a tax against the premises and the owner thereof, which cost shall be and become immediately due thereon. 66495 This Order has been passed by a vote of the City Council of the City of University Park, Texas, Council Members voting in favor of such Order, and Council Members voting against such Order, on this 16trh day of November 2004. APPROVED: Mayor ATTEST: CITY SECRETARY 66495 AGENDA MEMO (11/16/04 AGENDA) DATE: November 12, 2004 TO: Honorable Mayor and City Council FROM: Wade McLaurin, Building & Zoning Administrator SUBJECT: Adopting Ordinance for Temporary Signage Amendment BACKGROUND: At the October 5th and the November 2nd City Council meetings, the Council gave approval to Mad For Plaid and Max-A-Million Horse Drawn Carriages, respectively, for the use of temporary signage as was presented. The Council asked the City Attomey to draft an amendment to the Sign Ordinance which would approve the use of these temporary signs for these specific entities only and for the stated periods of time only. The approval would not be extended to these or any other entities or individuals without approval from the City Council. PUBLIC NOTICE: N/A RECOMMENDATION: Attached amendment will grant temporary permission to Mad for Plaid and Max-A-Million for the signage that they requested for this holiday season only. Staff has concems with initiating any temporary signage approval process other than for situations similar to those above. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, SIGN REGULATIONS, BY AMENDING SECTION 12.235 TO PERMIT TEMPORARY SIGNS UNDER CERTAIN CONDITIONS IN RESIDENTIAL ZONES; AMENDING SECTION 12.247 TO PERMIT TEMPORARY ADVERTISING SIGNS IN PUBLIC RIGHT-OF-WAY IN SNIDER PLAZA; 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 FIVE HUNDRED DOLLARS ($500.00) 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 Chapter 12, Article 12.200, Section 12.235, of the Code of Ordinances, City of University Park, Texas, is hereby amended in part to add the following: "Sec. 12.235 Locations, Types and Heights of Signs in Residential Zones From November 1, 2004 through January 31, 2005, stickers may be added to authorized real estate signs erected on new construction sites where the builder has made a contribution for the benefit of HPISD through the "Mad for Plaid" campaign, the text of such sticker to read: "(Donating Homebuilder) Supports Our Schools." This provision shall expire and be of no further force or effect on January 31, 2005." SECTION 2. That Chapter 12, Article 12.200, Section 12.247, of the Code of Ordinances, City of University Park, Texas, is hereby amended in part to add the following: "Sec. 12.247 Shopping Center Signs in Nonresidential Zones Notwithstanding any other provision of the Sign Ordinance, Dana Pendergraph, d/b/a Max-A-Million Carriage Rides, shall be permitted to place two (2) portable A- frame type signs in City right-of-way in Snider Plaza during the months of November and December, 2004, advertising horse-drawn carriage rides in the City during the holiday season pursuant to a License Agreement approved by the City Council. The exact placement of such signs in City right-of-way shall be subject to approval by the Public Works Director. This provision shall expire and be of no further force or effect on January 1, 2005." SECTION 3. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. Any person, firm or corporation 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 punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. That this Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of November 2004. APPROVED: JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY (RLD/11-11-04) NINA WILSON, CITY SECRETARY ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, SIGN REGULATIONS, BY AMENDING SECTION 12.235 TO PERMIT TEMPORARY SIGNS UNDER CERTAIN CONDITIONS IN RESIDENTIAL ZONES; AMENDING SECTION 12.247 TO PERMIT TEMPORARY ADVERTISING SIGNS IN PUBLIC RIGHT-OF-WAY IN SNIDER PLAZA; 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 FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of November 2004. APPROVED: MAYOR ATTEST: CITY SECRETARY AGENDA MEMO (11/16/04 AGENDA) DATE: November 12, 2004 TO: Honorable Mayor and City Council City Manager FROM: Kent R. Austin, Director of Finance SUBJECT: Approval of cable television franchise fee audit INTRODUCTION Included on the November 16 City Council meeting agenda is an item approving a proposal for a cable TV franchise fee audit. The Cable TV Franchise Review Advisory Group (FRAG) invited proposals for such an audit in September from four different firms. Two firms submitted proposals: Rice, Williams Associates (Washington, DC area) for $8,500; and C2 Consulting Services (Dallas) for $7,500. FRAG members met with C2 principal Connie Cannady at their October 28, 2004, meeting to discuss the proposal. Based on reducing the scope of the audit from five years to three years, C2 submitted a revised proposal of not-to-exceed $6,000. C2 has extensive experience performing these types of audits. The firm's client list includes many other Charter cities, including Fort Worth and the suburban Charter cities in Tarrant County. Charter Communications pays a 5% franchise fee to the City quarterly. Last year Charter paid over $150,000 in franchise fees to University Park. The City has never conducted an audit of the basis for these fees, and it is possible that the audit's findings could result in additional payments. Even without the attention provided by the franchise renewal process, a City-sponsored franchise fee audit is a good practice. As a partner in the cable TV franchise renewal effort, the Town of Highland Park will share in the cost of the audit, using a split based on population (72% UP, 28% HP). RECOMMENDATION FRAG and City staff recommend approval of the proposal from C2 Consulting Services for a franchise fee audit not to exceed $6,000. Of that $6,000 total, University Park's share should be about $4300. Copies of the October 14 and 28 FRAG meeting minutes and C2's proposal are attached. ATTACHMENT: · October 14 and 28, 2004, FRAG meeting minutes · Franchise fee audit proposal, C2 Consulting Services 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings~Temporary Internet Files\OLK3~AGENDA MEMO FRAG FRANCHISE FEEAUDIT 111604.doc 9:02AM 11/12/04 CITY OF UNIVERSITY PARK, TEXAS/ TOWN OF HIGHLAND PARK, TEXAS CABLE TV FRANCHISE REVIEW ADVISORY GROUP (FRAG) UNIVERSITY PARK CITY HALL THURSDAY, OCTOBER 14, 2004 at 5:00 P.M. MINUTES Committee members attending: Blankenship, Beth Cervin, Ben Comett, Tony Morrison, Lou Muncey, Terry Scott, Charles Seay, Bill Others present: Austin, Kent Director of Finance, UP Fisher, James Director of Public Works, UP Absent: Barnes, Joanna McConnell, Tom Livingston, Bob City Manager, UP Patterson, George -- Town Manager, HP Call to order Kent Austin called the meeting to order at 5:09 p.m. 2. Review/approve minutes of September 30, 2004, FRAG meeting. Bill Seay moved approval of the minutes of the September 30, 2004, FRAG meeting. Tony Comett seconded, and the motion was approved 6-0. After the vote, the group discussed modifying the minutes to reflect their interest in addressing cable intemet service. The group discussed their understanding that currently cable intemet service is excluded from regulation, because it has not been defined legally as a telecommunications service or a cable television service. The group acknowledged their desire to include cable intemet service as within the scope of their work. 3. Review consultant proposals for fi~anchise fee audit, compliance audit, and technical assessmenL The FRAG members discussed whether to pursue a compliance audit or a satisfaction survey, or both. Beth Blankenship and Ben Cervin suggested a comparison of Charter's self- assessment with an independent study. Tony Cornett suggested focusing on the future completely and not on the past. Lou Morrison and Ben Cervin suggested that a compliance audit is needed for formal franchise renewal process. Lou Morrison also initiated the idea of a dedicated municipal staff person to monitor cable service quality and resolve complaints. Terry Muncey and Beth Blankenship voiced their support for the idea. The group talked C: [Documents and Settings[nwilson. UNIVPARJ~[Local Settings[ Temporary ]nternet Files[OLK3[FRAG minutes ] O] 404. doc ] 1/] 2/04 ] about obtaining statistics detailing the number of customer calls to Charter from the Park Cities by call type. The members discussed moving forward with a franchise fee audit. Beth Blankenship suggested inviting Connie Cannady of C2 Consulting Services to the next FRAG meeting to discuss the details of C2's proposal. The group agreed. Other business Group member suggested adding a message to the government access channel inviting comment on cable service. 5. Set next meeting date/Adjourn The group will meet again on October 28, 2004 at 5:00 p.m. in the University Park City Hall conference room. The meeting adjourned at 6:15 p.m. C': IDocurnents and Settingslnwilson. UNIVPARKILocal Settingsl Temporary Internet FileslOLK31FRAG minutes ] O] 404. doc ] 1/12/04 2 CITY OF UNIVERSITY PARK, TEXAS/ TOWN OF HIGHLAND PARK, TEXAS CABLE TV FRANCHISE REVIEW ADVISORY GROUP (FRAG) UNIVERSITY PARK CITY HALL THURSDAY, OCTOBER 28, 2004 at 5:00 P.M. MINUTES Committee members attending: Blankenship, Beth Barnes, Joanna Cervin, Ben McConnell, Tom Muncey, Terry Scott, Charles Others present: Austin, Kent Director of Finance, UP Fisher, James Director of Public Works, UP Patterson, George Town Administrator, HP Cannady, Connie C2 Consulting Services Absent: Comett, Tony Morrison, Louis Livingston, Bob City Manager. UP Seay, Bill ]. Call to order Kent Austin called the meeting to order at 5:03 p.m. 2. Discuss proposal for fi~anchise fee audit-- Constance Cannady, C2 Consulting Services Austin introduced Connie Cannady. Ms. Cannady reviewed a list of likely areas of concern common to franchise fee audits, such as commissions, launch fees, and "reimbursement for marketing expenses." Another potential area of study is a review of customer accounts to identify whether they are properly coded as UP or HP. Regarding penalty provisions found in some franchises, Cannady noted that one method is to assess liquidated damages equal to $1.00/subscriber/day, as Denton does. Liquidated damages serve as a proxy for City time, effort, and grief in overseeing the cable franchise. She noted other nuances, such as FCC user fees, which are paid in advance, then collected from customers. Ben Cervin asked if we should seek agreements from other cities, and pull the best elements from each. The group asked if C2 would include a recommendation (financially) from the fee audit regarding a new franchise agreement. Cannady replied, "yes." Cannady noted that the existing HP and Up franchises enable the cities to undertake a franchise fee review for up to three years. Given this reduced audit scope, Cannady suggested a three-year review for franchise fee would cost $6,000 rather than $7,500. C2 would charge by the hour, with the $6,000 total as a not-to- exceed amount. The group then thanked Cannady, and she departed the meeting. Following a brief discussion by the group, Tom McConnell moved that FRAG recommend C2 Consulting Services to perform a franchise fee audit for a three year period and fees not to exceed $6,000. Beth Blankenship seconded, and the motion was approved 5-0. Austin said he would prepare C.' [Documents and Settings[nwilson. UNIVPARJ~[Local Settings[ Temporary D~ternet Files[OLK3[FRAG minutes ] 02804. doc ] 1/12/04 ] an agenda item for the UP City Council's November 16, 2004, meeting to consider awarding the proposal to C2. Other business There was no new business. Set next meeting date/Adjourn Austin suggested the group invite Charter representatives to the next FRAG meeting. The group will meet next on November 11, 2004 at 5:00 p.m. in the University Park City Hall conference room. The meeting adjourned at 6:32 p.m. C': [Documents and Settings[nwilson. UNIVPARK[Local Settings[ Temporary Internet Files[OLK3[FRAG minutes ] 02804. doc ] 1/12/04 2 SERVICES, INC. 7~01 Pencross Dellos. Texas November 5, 2004 Mr. Kent R. Austin Director of Finance City of University Park 3800 University Boulevard University Park, Texas 75205 Mr. James Fisher Director of Public Works and Town Secretary Town of Highland Park 4700 Drexel Drive Highland Park, Texas 75205 Dear City Representatives: C2 Consulting Services, Inc. ("C2") is pleased to propose its services to the Cities of University Park and Highland Park ("Cities") concerning franchise fees payments by Charter Communications. C2 has conducted numerous studies to assist franchising authorities in determining cable operator compliance with the franchise provisions that detail the required operations of the system and financial obligations of the cable operators. C2 believes that it is highly qualified to provide assistance to the Cities based on the following: · Over nineteen (19) years of experience in dealing with franchising and regulatory issues before various governmental entities concerning cable services and other utility services; · Significant experience in evaluating performance aspects of current cable systems and providing recommendations for future franchise terms; · Significant experience in assisting municipalities negotiate with service providers regarding franchise fee, service levels, service rates and other franchise requirements; and A thorough understanding of the cable service regulations as they stand today, with the ability to anticipate and react to any future changes, clarifications or findings that may occur during FCC reconsideration. The enclosed proposal provides a more detailed description of the project scope, the qualifications of the firm, and the proposed project costs. Please note that the proposed costs are based on project activities identified within the proposal and can be modified in the event that specific activities are determined to be outside of the Cities' requirements. If you have any questions regarding the proposal, or need further information about C2, please contact Ms. Constance Cannady at (972) 726-7216. Very truly yours, C2 Consulting Services, Inc. I. PROJECT SCOPE It is C2's understanding that the Cities are interested in assessing the following: · Franchise fee payments for the most recent three year period The following provides an outline of the proposed project activities and project costs for the study. A. FRANCHISE FEE REVIEW This issue of franchise fees has become increasingly important given the changes in technology, service offerings, and various rulings by the FCC. C2 proposes to conduct a review of such payment for the most recent three-year period (July 2001 through September 2004). The project approach will include, but not be limited to, the following activities covering the payments made to each of the Cities during the review period. · Identify the exact basis for the current franchise fee payment within each City · Prepare a detailed RFI to develop an understanding of: * Subscriber billing and collection system * Accounting procedures applied to subscriber and non-subscriber revenue * Accounting policies related to bad debt * Allocations procedures for allocating revenue among jurisdictions * Revenue sources that are currently excluded from the computation and the operator's rationale for such exclusion * Reporting of affiliated transactions * Reporting of programmer receipts for launch fees and other promotions * Reporting of local, regional, and/or national advertising * Reporting and treatment of Intemet access revenue, if any * Reporting and treatment of any reimbursements by third parties for services or repairs · Obtain and evaluate the revenue reports submitted by Charter to the Cities in terms of accuracy as well as the type of information that is presented · Reconcile Charter's reported revenue to the franchise fee payments received by the Cities · Understand Charter's use of the "Pasadena pass-through" · Clarify with representatives from Charter any issues arising from review of the franchise fee payments · Conduct a review of Charter's ledgers, joumals, and workpapers to test the accuracy of calculations made by the operator · Include review of the amount of sales taxes reported within each of the Cities' subledgers · If necessary, meet with representatives of Charter's independent auditor to understand procedures performed to audit gross revenues at the system level Deliverables The results of the analysis conducted in the above study elements will be aggregated into a written report. The report will include a description of the activities performed, the related findings, and the recommendations for developing a franchise renewal strategy with respect to the issues evaluated. C2 Consulting Services, Inc. Proposal Cities of UniversiW Park and Highland Park Page 1 II. PROJECT COSTS Based on the activities identified above, the project professional fees for the Cities are estimated to be as follows: A. Franchise Fee Review $6,000 B. Estimated Out-of-Pocket 250 Total Estimated Project Costs 6,250 C2 points out that these are estimated costs based on the level of effort identified in the project scope. C2 understands that the Cities may wish to modify the scope of the activities discussed, and based on such modification, C2 will certainly adjust the cost estimate accordingly. C2 bills its clients monthly based on actual hours spent and actual out-of-pocket expenses. In the event that the actual hours spent in conducting the enumerated activities are less that those estimated in the development of the proposed costs, the Cities will be billed only for the actual hours worked. However, if the actual hours worked exceed the cost estimate, the Cities only will be billed up to the proposed project costs. Additional Services The proposed scope and related costs only include those activities noted above. However, additional assistance can be provided on an as needed basis: · Assistance to Cities' staffs in preparing any Council documentation · Meetings with Cities' representatives to discuss potential actions · Presentation of findings and recommendations before Cities' Councils The billing for any additional services will be at the hourly billing rate of $150. C2 Consulting Services, Inc. Proposal Cities of UniversiW Park and Highland Park Page 2 III. FIRM QUALIFICATIONS A. C2 Consulting Services, Inc. C2 Consulting Services, Inc. ("C2") is a Texas corporation, which began conducting business on August 1, 1996. Founded by its President, Constance T. Cannady, C2 was organized for the purpose of providing high quality consulting services to local and state governmental entities located in the Southwest. As C2 is still relatively young, the finn's qualifications are attributable to its President, Ms. Cannady with approximately twenty years of consulting experience in both the public and private sectors. Much of Ms. Cannady's consulting experience has focused on the regulation and franchising of utility and cable services, regulated by either local or state organizations. This experience is clearly demonstrated in Ms. Cannady's resume. Due to its organization and the general focus of the consulting services to be provided, C2 has been certified by the North Central Texas Regional Certification Agency as a woman-owned business since 1996. The most recent certification number is No. WFWB22341N0305. Office Location C2's office located at the following address: C2 Consulting Services, Inc. 7801 Pencross Lane Dallas, Texas 75248 (972) 726-7216 (972) 726-0212 (Fax) e-mail: c2conser@airmail.net Engagements Conducted by C2 Consulting Services, Inc. Since its organization approximately eight years ago, the firm has conducted engagements for or is in the process of assisting the Texas Municipal League, over seventy Texas municipalities, the Garland Independent School District, the Oklahoma Corporation Commission, several Califomia municipalities, and the Cities of Atlanta, Durham and Tucson. The following engagements reflect engagements involving cable services conducted during the last three years: Currently assisting seven Tarrant County cities in a compliance review of Charter Communications activities. Recently assisted or continue to assist nine municipalities in assessing cable rate for 2003-2004 and related appeals to the Federal Communications Commission. Recently assisted a coalition of Cities in Tarrant and Denton Counties in a study of the cable services call centers operated by Charter Communications. Recently assisted the City of Kilgore in a compliance review of its cable services provider. Recently assisted the City of Denton in evaluating a requested cable franchise renewal by Charter Communications. Recently assisted five communities in Califomia concerning cable services franchise fee C2 Consulting Services, Inc. Proposal Cities of University Park and Highland Park Page 3 payments. · Assisted the Cities of Rowlett and Heath in evaluating requested cable franchise renewals by their respective cable operators. · Assisted the Cities of Bryan and College Station in reviewing the accuracy of cable services franchise fee payments. · Assisted the City of Rockwall in evaluating franchise compliance issues with respect to Charter Communications operations within the City. · Assisted over twenty-five Texas municipalities in their analysis of cable services rate filings during the 2000, 2001 and 2002 rate years. Engagements Specific to Cable Television Franchises As the President of C2, Ms. Cannady is currently conducting or has conducted numerous engagements related to cable television franchise renewals and franchise compliance reviews. Below is a more detailed description of the more recent engagements. 1. Currently assisting the Cities of Fort Worth, Benbrook, Burleson, Hurst, Keller, North Richland Hills and Saginaw in an evaluation of the following: · Franchise fee payments · Technical system compliance · Non-call center customer service compliance 2. Currently assisting the City of Carrollton in developing franchise provisions for an initial franchise agreement with an overbuilder. 3. Currently assisting the City of Allen in developing franchise provisions for an initial franchise agreement with an overbuilder. 4. Recently assisted the City of Kilgore in a compliance review of its cable services provided including: · Franchise fee payments · Customer complaints processing · Customer office availability · Service response time · Franchise amendments 5. Recently assisted the City of Denton in evaluating a renewal with Charter Communications. Area of study include: · Services provided · I-NET needs · Customer Service · Access Channels and Support · Franchise Fee Review 6. Recently assisted a coalition of cities (including Fort Worth, Hurst, Denton, North C2 Consulting Services, Inc. Proposal Cities of University Park and Highland Park Page 4 10. Richland Hills) in assessing the accuracy of customer service reporting from three Charter Communications call centers. Areas of study include: · Call center statistics used to report · Staffing · Adjustment methodology · Daily call volumes Recently assisted the City of Rowlett in evaluating a renewal with AT&T. Areas of study include: · Services provided · I-NET needs · Customer Service · Access Channels and Support · Franchise Fee Review · Public opinion survey Recently assisted the City of Heath in its renewal efforts with Classic Communications. Areas of study include: · Upgrade of services · Services provided · I-NET needs · Customer Service · Access Channels and Support · Public opinion survey (both mail and council forum) Assisted the Cities of Dallas, Farmers Branch and Mesquite in their renewal efforts concerning TCI Cablevision of Dallas, Inc. (now Comcast). Areas of study include: · Upgrade of System · I-NET expansions · Customer Service · Access Channels and Support · Franchise Fee Review (Farmers Branch only) · Community workshops (Farmers Branch and Dallas only) · Public opinion survey (Mesquite and Dallas only) Assisted the City of Rockwall in determining the provisions under which the City may extend a franchise agreement that was originally set at five years with requirements for extension opportunities. Major issues include: · Upgrade of system · Future services · INET · PEG support Engagements Specific to Cable Services Rate Regulation C2 Consulting Services, Inc. Proposal Cities of UniversiW Park and Highland Park Page .5 As President of C2 Consulting Services, Inc. or as a Manager of Reed-Stowe & Co., Inc., Ms. Cannady conducted numerous evaluations of cable rate filings, the majority of which dealt with systems operated by AT&T Broadband (also the d/b/a/ for TCI Cablevision of Dallas, Inc.). Below is a listing of engagements conducted by Ms. Cannady since the institution of the annual filing under Form 1240/1205: Texas Cities for whom evaluations of Form 1240/1205 rates were performed during multiple years in the period 1996 to 2004: ~ City of Alvin City of Allen* City of Bedford* City of E1Lago City of Farmers Branch* Town of Flower Mound* City of Friendswood City of Grapevine* City of Harlingen City of La Marque City of Fort Worth City of Denton City of Irving* City of DeSoto* City of McKinney* City of Lewisville* City of League City City of Dickinson City of Marshall City of Mesquite City of Nassau Bay City of Seabrook City of Taylor Lake Village City of Texas City City of Webster City of Santa Fe City of Hurst City of North Richland Hills City of Colleyville* City of Galveston City of Coppell * 2004 evaluations 2. For a number of cities located within the Dallas/Fort Worth area, C2 has conducted evaluations of Form 1235s filed by AT&T Broadband and Paragon Cable. 3. C2 has assisted numerous municipalities at the FCC with respect to cable rate appeals and filings conceming de-certification of the municipalities' regulatory rights. Ms. Cannady conducted a review of the TCI Cablevision of Dallas, Inc.'s cost-of-service filing, FCC Form 1220, for the City of Dallas in 1995. This was the basis for the City's establishment of the first regulated basic service rate and equipment and installation charges since the enactment of the 1992 Cable Act. C2 also assisted the City of Dallas in its Form 1240/1205 rate analyses for the 2001, 2002, 2003, and 2004 rate filings. Professional References: Mr. John Cabrales Public Information Officer City of Denton 215 E. McKinney Denton, Texas 76201 (940) 349-8509 Mr. Geoffrey Gay Attorney Lloyd Gosselink Austin, Texas 78701 (512) 322-5875 ~ Several of these communities are now under "effective competition" as ruled by the FCC following requested treatment by the cable operators. C2 Consulting Services, Inc. Proposal Cities of UniversiW Park and Highland Park Page 6 Mr. Mark Hindman Assistant City Manager City of Mesquite 1515 North Galloway Mesquite, Texas 75247 (972) 216-6403 Ms. Barbara Blake Director of Library Services City of Rowlett 3900 Main Street Rowlett, Texas 75088 (972) 412-6160 Ms. Margaret Somereve Assistant to the City Manager City of Farmers Branch 13000 Wm. Dodson Parkway Farmers Branch, Texas 75234 (972) 919-2509 Mr. Rick Urbis Attorney Miller, Canfield, Paddock &Stone 150 West Jefferson, Suite 2500 Detroit, Michigan 48226 (313) 496-7500 Mr. Nick Fehrenbach Manager Utilities Management City of Dallas 1500 Marilla Dallas, Texas 75201 (214) 670-5173 C2 Consulting Services, Inc. Proposal Cities of UniversiW Park and Highland Park Page 7 CONSTANCE T. CANNADY PRESIDENT - C2 CONSULTING SERVICES, INC. Ms. Cannady, founder of C2 Consulting Services, Inc., has had approximately twenty years of consulting experience. Much of her career has been spent dealing with issues related to regulation and franchising of utility services, both at the local and state level. She has been involved in numerous rate studies involving electric, gas, telecommunications, cable television and water and wastewater services. In addition, Ms. Cannady has conducted a number of management and operations reviews of utility operations, manufacturing concems, financial institutions, entrepreneurial operations and state agencies' programs. Additional work experience includes positions as Manager at Reed-Stowe & Co., Inc., Manager of Accounting and Control for the Information Services Division of Blue Cross of California, Senior Consultant for Touche Ross & Co. (now Deloitte & Touche), and as a Management Auditor for the U.S. General Accounting Office. More specifically, Ms. Cannady's experience includes: Currently assisting seven Tarrant County cities in a compliance review of cable services. Currently assisting two cities in developing franchise provisions for cable overbuilders. Currently assisted or continue to assist nine municipalities in assessing cable rate for 2003- 2004 and related appeals to the Federal Communications Commission. Recently assisted a coalition of cities served by TXU Gas in the Company's request for statewide rates. Recently assisted a coalition of cities service by West Texas Gas in the Company's request for rate increase. Recently assisted a coalition of cities served by Atmos in the Company's request for a burner tip rate increase. Recently assisted the City of Kilgore in a ten-year performance review of its cable service provider. Recently assisted a coalition of Cities in Tarrant and Denton Counties in a study of the cable services call centers operated by Charter Communications. Recently assisted the City of Denton in evaluating a requested cable franchise renewal by Charter Communications. Assisted the Town of Addison in valuing the electric utility's street lighting system within the Town and negotiation of its purchase. Assisted and/or currently assisting over 50 municipalities in the evaluation of proposed increases in natural gas burner tip rates. Assisted and/or currently assisting over thirty Texas municipalities in the evaluation of the FCC developed cable rate filings. Such analyses have been for the years 1993 to the present. Assisted the Cities of Dallas, Mesquite, Plano, Heath and Farmers Branch in negotiating C.T. Cannady - Resume Page 1 cable franchise renewals. Assisted the Cities of Durham, North Carolina and Atlanta, Georgia in assessing the costs of allowing utilities to access city-owned rights-of-way. Assisted in evaluating the cable services franchise extension for the City of Rockwall. Assisted the City of Tucson in evaluating the costs of managing its rights-of-way with respect to electric and gas utility operations. Assisted in determining the appropriateness of franchise fees payments made by electric utilities operating within four Texas cities. Assisted the Town of Addison in its negotiation for a renewal of a cable services franchise. Assisted the City of Kaufman in its negotiations for a renewal of the cable services franchise. Assisted the Texas Municipal League in a study of the value of city-owned right-of-way, the costs incurred by municipalities in providing access to such ROW by utilities and the competitive nature of existing franchise agreements. Assisted the City of Marshall, Texas in its regulation of cable television rates, franchise compliance and franchise fee under-payment issues. Assisted the City of Garland in the Aligned Cities' review of Lone Star Gas Company's proposed change in the statewide city gate rate for natural gas. Assisted the Dallas Independent School District during its participation before the Railroad Commission of Texas (and earlier before the City of Dallas) regarding appropriate gas utility rates to be charged to the District. Assisted the Garland Independent School District during its challenge of Lone Star Gas Company's ability to change the public school rates to commercial rates. Assisted the Gulf Coast Coalition of Cities concerning Texas-New Mexico Power Company's proposed "Community Choice" program - Docket No. 15560 before the Public Utility Commission of Texas. Assisted the Oklahoma Corporation Commission in developing a rate case processing manual to be used by its Public Utility Division, including all utility operations regulated by the Commission. Assisted the Gulf Coast Coalition of Cities in its participation in Project No. 14400 (Integrated Resource Planning Rule) before the Public Utility Commission of Texas. Assisted the City of Greenville in developing a cost allocation model to be used by the City to allocate shared costs with its electric utility operations. Provided testimony before the Public Utility Commission of Texas regarding appropriate rate base treatment of fuel inventories and fuel expense of Houston Lighting & Power Company, Docket No. 12065. Presented testimony before the Public Utility Commission of Texas regarding appropriate C.T. Cannady - Resume Page 2 rate base of Texas Utilities Electric Company to be used in determining revenue requirements, Docket No. 5640. Directed the review and analysis of public and cooperative utilities' requests for rate subsidies under a program involving a federally operated electric utility. Participated in the investigation of fuel procurement practices of an electric utility, including the efficiency and costs related to nuclear fuel acquisition. Directed and performed numerous analyses of rate base, rate of retum, operating income, revenue requirements and capital structure for state authorities regulating gas, electric, water and telephone companies in Arizona, New Mexico, Texas and Oklahoma. Conducted numerous customer class cost allocation studies regarding natural gas and electric utility operations in Texas, Colorado and Oklahoma. Directed and performed numerous analyses of rate base, operating income, rate of return, revenue requirements, capital structure and rate design for municipalities regulating natural gas burner tip rates. Assisted the City of Austin in the performance of a thirteenth year compliance review of its cable franchisee, Austin CableVision (a Time Warner system). Assisted fifteen Texas municipalities in reviews of the 1996 FCC Form 1240 rate change filing submitted by local cable television operators. Assisted the City of Dallas in its review of a comprehensive FCC Form 1220 Cost-of-Service Showing for cable television rates. Conducted analyses of water and wastewater cost of service in order to determine appropriate retail and/or wholesale rates for several Texas municipalities. Conducted reviews of FCC cable rate filings for numerous municipalities since re-regulation of cable rates in 1993. The FCC forms include Form 393, Form 1200, Form 1205, Form 1210, Form 1220, Form 1230 and Form 1240. (Filings are made either on a quarterly basis or an annual basis.) Assisted several Texas municipalities in franchise renewal efforts involving cable, gas and electric franchises. Developed written procedures covering all areas of operations within a state agency's transportation division. Developed written procedures covering manual operations of docketing, case assignment, and case tracking for a state regulatory agency. Assisted in the development of a statewide Emergency Energy Conservation Plan for the Department of Energy of the State of Oklahoma. Directed analyses of organization and operation of a voluntary blood donor program. Directed analysis for Debtor in Possession of a company involved in sale of precious metal. Analyzed company's financial position at time of bankruptcy. C.T. Cannady - Resume Page 3 Directed analysis of product line profitability related to determination of possible predatory pricing practice in the aerospace industry. Participated in management studies concerning the efficiency of internal audit functions within federal financial regulatory agencies. Ms. Cannady has performed consulting services regarding matters before the following state regulatory agencies: Railroad Commission of Texas TXU Gas Docket No. GUD 9400 TXU Gas Company Transmission Docket No. GUD 8935 Lone Star Gas Company Gate Rate - Docket No. GUD 8664 Lone Star Gas Company Gate Rate - Docket No. GUD 3543 Public Utility Commission of Texas Sharyland Utilities SOAH Docket No. 473-99-2566 Project No. 14400 - Integrated Resource Planning Houston Lighting & Power Company - Docket No. 12065 Texas-New Mexico Power Company - Docket Nos. 15560, 12900, 10200, 22636, 22745 Texas Electric Utilities Company - Docket No. 5640 Gulf States Utilities Company - Docket No. 4510 General Telephone Company of the Southwest - Docket Nos. 4300 and 5011 West Texas Utilities Company - Docket Nos. 4202 and 4716 Arizona Corporation Commission Arizona Public Service Company - Docket No. U-1345-82-266 Oklahoma Corporation Commission Arkansas Oklahoma Gas Corporation - Cause No. PUD 001346 New Mexico State Corporation Commission Continental Telephone Company of the West - Docket No. 942 General Telephone Company of the Southwest - Docket No. 990 Colorado Public Utilities Commission Southern Colorado Power - cost allocation study Alabama Public Service Commission Alabama Power Company - Fuel Procurement Review Summary of Testimony/Deposition TXU Gas Docket No. GUD 9400 * Presented testimony concerning rate base and present revenue computation Sharyland Utilities SOAH Docket No. 473-99-2566 * Pre-filed testimony Lone Star Gas Company Transmission Docket No. GUD 8935 * Pre-filed testimony Texas-New Mexico Power Company Docket No. 22745 - Presented testimony concerning fuel costs C.T. Cannady - Resume Page 4 Texas Utilities Electric Company - Docket No. 5640 - 1985 * Presented testimony regarding appropriate rate base to be included in rates Houston Lighting & Power Company Docket No. 12065 - 1994 * Pre-filed testimony regarding appropriate rate treatment of fuel inventories and fuel expense Houston Lighting & Power Company Docket No. 12065 - 1994 * Deposition conceming pre-filed testimony Garland Independent School District v. Lone Star Gas Company Cause No. 97- 00070-A -1997 * Deposition conceming natural gas services billings Garland Independent School District v. Lone Star Gas Company Cause No. 97- 00070-A 1997 * Presented testimony conceming natural gas billings Education Master of Public Affairs, May 1979 Moody Fellowship, L.B.J. School of Public Affairs University of Texas At Austin Bachelor of Arts, magna cum laude, May 1977 Vanderbilt University Professional Member of Texas Association of Telecommunications Officers and Advisors Life Member of The National Registry of Speeches "Effective Competition: A Case Study - The City of Denton," TATOA annual conference, August 2003. "Customer Service Issues," TATOA annual conference, August 2003. "Hooray for Competition," Telecommunications Challenges, The New Horizon, NATOA Regional Conference, May 2001. "Cable Rights," Oklahoma Municipal League, Inc., October 2000. "Prime Real Estate: Managing the Public Rights-of-Way," Telecommunications , th Transformation, NATOA s 19 Annual Local Government Telecommunications Conference, September 1999. Panelist on Nostalgia Television's Issues dc Answers program involving cable television programming and rate issues Spring 1997. "Issues Regarding Cable Television Franchise Payments," TATOA seminar, May, 1997. "Basics of Cable Television Regulation," The Challenges Facing Local Government, Federal Bar Association seminar, February, 1998 and April, 1998 C.T. Cannady - Resume Page 5 AGENDA MEMO (November 16, 2004) DATE: TO: FROM: November 9, 2004 Bob Livingston Luanne Hanford SUBJECT: Renewal of Health Plan Administrative Services I have placed on the November 16, 2004, City Council Agenda the renewal of Third Party Administration Services with Wausau Benefits for the administration of the city's self- insured health plan for the calendar year 2005. Specific and Aggregate Stop Loss coverages for the health plan were approved at the November 2nd City Council meeting. The renewal proposes a 2.6% increase in administrative fees which include claims administration, PPO access, Medical Management, Disease Management, broker fees, Reinsurance, HIPAA compliance, and COBRA administration. Assuming stable enrollment in the health plan, annual administrative costs will increase from $84,096 to $86,232. The Employee Benefits Committee members discussed and recommended this renewal at their November 4th meeting. In support of this memo, I am attaching the Employee Benefits Committee meeting minutes, a survey of peer cities, and the renewal spreadsheet from the broker. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AGENDAMEMO (3).doc 2:03 PM 11/09 EMPLOYEE BENEFITS COMMITTEE MINUTES A meeting of the Employee Benefits Committee was held on Thursday, November 4, 2004 at 7:30 am. Present at the meeting were Chairman Bill Clifton, Lee Roever, Jim Klancnik, David Burgher, and Steve Herod. Also attending the meeting were Director of Human Resources Luanne Hanford, City Manager Bob Livingston, Councilmember Jim Roberts, Wausau Benefits Account Representatives Cheryl Lang and Rob Stow, and the City's Broker of Record, Jerry Jensen, of The Jensen Company. Chairman Bill Clifton called the meeting to order at 7:45 am. Mr. Jensen distributed to committee members a notebook that included the benefits renewal information. Ms. Hanford also distributed benefit surveys of peer cities. The first item on the agenda was a discussion of Life, AD&D, and Long Term Disability (LTD) insurance renewal. Mr. Jensen told the committee that Metlife, the City's current carrier for these coverages was willing to renew the coverages at no increase. The committee reviewed the survey information and discussed the bids received from other companies. After discussion, Lee Roever made a motion to recommend to the City Council renewal of the Life, AD&D, and LTD coverages with Metlife. David Burgher seconded the motion, and the vote was unanimous in favor. The next item on the agenda was a discussion of the health plan renewal. Mr. Jensen told the committee members that the renewal pricing for administrative services and stop loss increased 15.8% from last year. Raising the Specific Stop Loss insurance from $60,000 to $75,000 would lower the premium, but the City would be assuming an additional $15,000 in risk per claim. The City has also exceeded the Aggregate Stop Loss claims cap already this year, so it has been difficult to get insurance companies to submit a competitive bid for Stop Loss Insurance. Ms. Hanford told the committee that, based on conversations with Mr. Jensen and with Committee Member Roger Lamboum and Committee Chairman Bill Clifton, the stop loss insurance renewal had been put on the November 2nd Council Agenda in order to lock in the rate. After discussion about claims, the committee member agreed that the decision was prudent. The committee then discussed ways to reduce the cost of the plan. Based on the survey of other cities, the committee discussed raising the individual annual deductible from $300 to $500, raising the maximum individual out-of-pocket from $2,000 to $2,500, and changing the prescription drug co-pays from $5, $25, and $40 to $10, $25, and $50. Non-network deductibles and maximum out-of-pocket would increase, as well. The committee also discussed the possibility of increasing employee premiums. Mr. Livingston told the committee that he did not want to recommend a premium increase for employees because the city did not provide market pay increases to the majority of the employees this fiscal year. The committee noted that raising premiums a little does not generate that much revenue and if the premiums went too high, some employees might drop the coverage. Bill Clifton asked if the committee had considered restructuring contribution amounts based on employees salary. The committee discussed this suggestion and recommended that Ms. Hanford develop a plan for 2006 and the committee could meet in July, 2005 to discuss it. After further discussion, the committee recommended increasing the deductibles, out-of- pocket maximums, and the prescription drug co-pays as discussed (and listed above) but not increasing employee contributions 2005. The last item on the agenda was a discussion of contracting with a company to provide part time on-site health care. The committee members recommended discussing this issue at a meeting in January, 2005. The meeting adjourned at 9:10 am. Bill Clifton, Chairman Luanne Hanford, Dir. of HR HEALTH INSURANCE COMPARISON 2004 Highland Richardson Garland Park Employee Only Premium $552.00 $447.00 $513.15 City Pay (EE) $492.00 $427.00 $474.50 Employee Pay (EE) $60.00 $20.00 $38.68 Spouse Premium $233.00 $182.00 $259.62 City Pay (Spouse) $0 $0 $0 Employee Pay (Spouse) $233.00 $182.00 $259.62 Children Premium $294.00 $168.00 $506.00 Southlake $439.26 $297.30 $141.96 $660.09 $150.00 $510.09 $576.81 City Pay (Children) $0 $0 $0 $150.00 $168.00 $506.00 Employee Pay (Children) $294.00 $426.81 Family Premium $294.00 $262.00 $506.00 $1,226.90 City Pay (Family) $0 $0 $0 $150.00 Piano ;419.00 ;369.00 ;50.00 ;360.00 ;280.00 ;80.00 $135 (2 or <) $159 (3 or >) $85 (2 or <) $49 (3 or >) $50 (2 or <) $110 (3 or >) $1,344 (2 or <) $1,366 (3 or >) $1,164 (2 or <) $1,116 (3 or >) $180 (2 or <) $250 (3 or >) Addison $383.39 $383.39 $0 $650.70 $325.35 $325.35 $401.88 $200.94 $200.94 $907.26 $453.63 Coppell $345.00 $345.00 $0 $314.00 $0 $314.00 $192.00 $0 $192.00 $543.00 $0 University Park $530.00 $500.00 $30.00 $230.00 $0 $230.00 $185.00 $0 $185.00 $385.00 $0 Employee Pay (Family) $294.00 $262.00 $506.00 $1,076.90 $453.63 $543.00 $385.00 Presented By: The Jensen Co. CITY OF UNIVERSITY PARK MEDICAL 1/9/2004 CURRENT TPA: WA USA U BENEFITS Administrative Fee $12.29 $12.90 Same As Renewal PPO Access Fee $3.85 $3.85 Medical Management Fee $2.63 $2. 75 Disease Management Fee $2. 75 $2. 75 Jensen Company $4. O0 $4. O0 Reinsurance Fee $2. O0 $2. O0 HIPAA Coverage Certificates $0.25 $0.25 COBRA Administrative Fee $0.95 $0.95 Monthly Admin. Premium $7,008 $7,186 Same As Renewal Annual Admin. Premium $84,096 $86,232 (+2.5%) Installation Fee N/A N/A ~r Specific Stop Loss Level $60,000 $60,000 $75,000 Specific Stop Loss Premium 60/12 60/12 60/12 Employee (244) $45.44 $55.44 $42.12 Dependents (96) $ 72.53 $88.16 $67. O0 Monthly Stop Loss Premium $18,050 $21,991 $16, 709 Annual Stop Loss Premium $216,600 $263,892 (+21.8%) $200,511 PEPMAggregate Premium $4.45 $4.45 $4.45 Monthly Aggregate Premium $1,086 $1,086 $1,086 Annual Aggregate Premium $13, 030 $13, 030 $13, 030 "Run In' Limit N/A N/A N/A TO TAL FIXED COSTS Aggregate FacWrs Employee (244) $336.92 $481.80 $498.64 Dependents (96) $453.87 $649.03 $671.73 Annual Aggregate Cap $1,509,360 $2,15&392 (+43%) $2,233,848 PP O Ne~ ork PHCS PHCS PHCS Stop Loss Reinsurer UHC UHC UHC ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~¢:.~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ¢~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ *Expected Costs = 80% of Annual Agg Cap + Fixed Costs * Worst Case = 100% of Agg Cap + Fixed Costs CURRENT TPA: WA USA U BENEFITS Administrative Fee Same As Renewal $12.90 PPO Access Fee $7.55 Medical Management Fee $2. 75 Disease Management Fee $2. 75 densen Company $4. O0 Reinsurance Fee $2. O0 HIPAA Coverage Certificates $0.25 COBRA Administrative Fee $0.95 Monthly Admin. Premium $7,186 $& 089 Annual Admin. Premium $86,232 $97,068 Installation Fee N/A N/A Specific Stop Loss Level $60,000 $60,000 Specific Stop Loss Premium 24/12 18/12 Employee (244) $66.06 $67.08 Dependents (96) $96.24 $106.14 Monthly Stop Loss Premium $25,358 $26,557 Annual Stop Loss Premium $304,296 $318,684 PEPMAggregate Premium $5.44 $10. 72 Monthly Aggregate Premium $1,327 $2,616 Annual Aggregate Premium $15,924 $31,392 "Run In" Limit $366,322 $542,000 TO TAL FIXED COSTS Aggregate Factors Employee (244) $468.55 $413.07 Dependents (96) $796.53 $756.48 Annual Aggregate Cap $2,289,517 $2,080,932 PP O Network PHCS Aetna Stop Loss Reinsurer Boston Mutual Aetna *** Option H and Option III rates are based on acceptable review of large claims. Their figures do not take those claims into account because the proposals were released prior to knowledge of the claims. Self-Insured Health Plan, 2004 M~nth EmP oyee!Reti~ee premiums C!~ContribUti0n Reimbursements Admin Fees StOP~Loss!ns C aims aid NE~ Jan uary, '04 $34,185.00 $94,920.00 $91.98 $7,437.11 $19,359.97 $89,445.00 $12,954.90 February, '04 $33,940.00 $94,080.00 $2,293.68 $7,297.65 $18,895.81 $92,717.00 $11,403.22 March, '04 $34,385.00 $94,500.00 $400.80 $7,007.69 $18,679.02 $183,023.00 ($79,423.91) April, '04 $33,910.00 $93,240.00 $2,541.34 $7,125.33 $18,596.47 $158,500.00 ($54,530.46) May, '04 $33,555.00 $93,660.00 $1,242.00 $7,067.89 $18,424.16 $113,666.00 ($10,701.05) J u ne, '04 $34,570.00 $94,920.00 $0.00 $7,096.61 $18,474.05 $99,164.00 $4,755.34 July, '04 $34,245.00 $95,760.00 $3,032.88 $7,383.81 $19,263.07 $157,427.93 ($51,036.93) August, '04 $35,215.00 $96,600.00 $3,575.08 $7,240.21 $19,086.15 $245,475.20 ($136,411.48) September, '04 $34,615.00 $96,180.00 $15,531.27 $7,268.93 $19,136.04 $113,013.00 $6,908.30 October, '04 $34,415.00 $96,180.00 $121,938.76 $7,326.37 $19,235.82 $203,708.50 $22,263.07 November, '04 $0.00 December, '04 $0.00 **Administrative fees include claims administration and contract with provider network I I ***Stop-Loss Ins. Includes individual and aggregate stop-loss coverages AGENDA MEMO (November 16, 2004) DATE: TO: FROM: November 9, 2004 Bob Livingston Luanne Hanford SUBJECT: Renewal of Life, AD&D, and LTD Coverages I have placed on the City Council Agenda the renewal of Life Insurance, Accidental Death and Dismemberment Insurance (AD&D), and Long Term Disability (LTD) Insurance which the city provides for its employees. The renewal rates for 2005 are unchanged from 2004. The renewal proposes $.19 per $1,000 salary volume for Life Insurance, $.04 per $1,000 salary volume for AD&D, and $.31 per $100 covered LTD payroll for a total annual cost of $98,323. The renewal was discussed at the November 4th Employee Benefits Committee meeting and was recommended unanimously by the committee. Attached are the meeting minutes as well as the renewal spreadsheet and a survey of peer cities. Please let me know if you have any questions. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~AGENDAMEMO (2).doc 1:50 PM 11/09 CITY OF UNIVERSITY PARK Presented by: The Jensen Co. Current Carrier: MetLife LIFE, ADD and LTD Effective January 1, 2005 ~ife ~ol~e $22,806,800 $22,806,800 $22,806,800 $22,806,800 $22,806,800 ~ife ~ate P~ $ ~ 00O $0.19 $0.21 $0.19 $0.18 $0.20 ~&D~t¢ P~}$i 000 $0.04 $0.04 $0.04 $0.028 $0.04 Benefit Mardmum $300,000 $300,000 $300,000 $300,000 $300,000 Guaranteed ~e ~ount $300,000 $300,000 $300,000 $300,000 $300,000 plan Benefit Caleulation 2 x Annual Earnings 2 x Annual Earnings 2 x Annual Earnings 2 x Annual Earnings 2 x Annual Earnings A~ Reducfi6~ S~h~dui~ 35% ~ at 70 35% ~ 70 35% ~ 70 35% ~65; 50% ~ 70 35% ~ 70 Rat~ Guaran~e~ N/A 1 Year 1 Year 2 Years 2 Years LONG TERM DISABILITY Cove~ed LTD Pa.vr011 $951,000 $951,000 $951,000 $951,000 $951,000 L~D; Pe~ $i00 $0.31 $0.34 $0.31 $0.392 $0.50 Eliminat[0n Pe?i0d 180 days 180 days 180 days 180 days 180 days M~nthly B~nefif % 60% 60% 60% 60% 60% Mh~ M6nthly Benefi~ $6,000 $6,000 $6,000 $6,000 $6,000 ©wn ©~cnpafion Defia~fion Pol~/F[~ 12 months 12 months 12 months 12 months 12 months ~[lOthe~Employe~s 24 months 24 months 24 months 24 months 24 months Rm Guar~ N/A 1 Year 1 Year 2 Years 2 Years Mon~hi~ ~ife~D PX $5,245.56 $5,701.70 $5,245.56 $4,743.82 $5,473.63 M0nth!~ L~D PX $2,948.10 $3,233.40 $2,948.10 $3,727.92 $4,755.00 ~0taI M0nthl~ $8,193.66 $8,935.10 $8,193.66 $8,471.74 $10,228.63 i 1. Employee and/or dependents disabled or not actively at work or hospitalized on effective date are not covered without prior approval. 2. This comparison is for illustration only - See proposals for specifics. 3. Final rates are subject to final enrollment. EMPLOYEE BENEFITS COMMITTEE MINUTES A meeting of the Employee Benefits Committee was held on Thursday, November 4, 2004 at 7:30 am. Present at the meeting were Chairman Bill Clifton, Lee Roever, Jim Klancnik, David Burgher, and Steve Herod. Also attending the meeting were Director of Human Resources Luanne Hanford, City Manager Bob Livingston, Councilmember Jim Roberts, Wausau Benefits Account Representatives Cheryl Lang and Rob Stow, and the City's Broker of Record, Jerry Jensen, of The Jensen Company. Chairman Bill Clifton called the meeting to order at 7:45 am. Mr. Jensen distributed to committee members a notebook that included the benefits renewal information. Ms. Hanford also distributed benefit surveys of peer cities. The first item on the agenda was a discussion of Life, AD&D, and Long Term Disability (LTD) insurance renewal. Mr. Jensen told the committee that Metlife, the City's current carrier for these coverages was willing to renew the coverages at no increase. The committee reviewed the survey information and discussed the bids received from other companies. After discussion, Lee Roever made a motion to recommend to the City Council renewal of the Life, AD&D, and LTD coverages with Metlife. David Burgher seconded the motion, and the vote was unanimous in favor. The next item on the agenda was a discussion of the health plan renewal. Mr. Jensen told the committee members that the renewal pricing for administrative services and stop loss increased 15.8% from last year. Raising the Specific Stop Loss insurance from $60,000 to $75,000 would lower the premium, but the City would be assuming an additional $15,000 in risk per claim. The City has also exceeded the Aggregate Stop Loss claims cap already this year, so it has been difficult to get insurance companies to submit a competitive bid for Stop Loss Insurance. Ms. Hanford told the committee that, based on conversations with Mr. Jensen and with Committee Member Roger Lamboum and Committee Chairman Bill Clifton, the stop loss insurance renewal had been put on the November 2nd Council Agenda in order to lock in the rate. After discussion about claims, the committee member agreed that the decision was prudent. The committee then discussed ways to reduce the cost of the plan. Based on the survey of other cities, the committee discussed raising the individual annual deductible from $300 to $500, raising the maximum individual out-of-pocket from $2,000 to $2,500, and changing the prescription drug co-pays from $5, $25, and $40 to $10, $25, and $50. Non-network deductibles and maximum out-of-pocket would increase, as well. The committee also discussed the possibility of increasing employee premiums. Mr. Livingston told the committee that he did not want to recommend a premium increase for employees because the city did not provide market pay increases to the majority of the employees this fiscal year. The committee noted that raising premiums a little does not generate that much revenue and if the premiums went too high, some employees might drop the coverage. Bill Clifton asked if the committee had considered restructuring contribution amounts based on employees salary. The committee discussed this suggestion and recommended that Ms. Hanford develop a plan for 2006 and the committee could meet in July, 2005 to discuss it. After further discussion, the committee recommended increasing the deductibles, out-of- pocket maximums, and the prescription drug co-pays as discussed (and listed above) but not increasing employee contributions 2005. The last item on the agenda was a discussion of contracting with a company to provide part time on-site health care. The committee members recommended discussing this issue at a meeting in January, 2005. The meeting adjourned at 9:10 am. Bill Clifton, Chairman Luanne Hanford, Dir. of HR LIFE, AD&D, AND LTD COMPARISON TMRS Supplemental Death (1 x annual sal.) Life Insurance Face Amount Richardson No 2 x annual salary $5O,OOO $. 13/$1000 Life Insurance Maximum Life Insurance Rates Accidental Death Face Amount AD&D Maximum AD&D Rates Long Term Disability LTD Elimination Period LTD Rates 2 x annual salary $5O,OOO $.02/$1000 60% salary 120 days $.32/$100 Garland Yes $25,000 $25,000 $2.40 PEPM $25,000 $25,000 $.60 PEPM 60% salary 180 days self-insured ($400,000/yr) Highland Park No 1 x annual salary $150,000 $.24/$1000 1 x annual salary $150,000 $.03/$1000 60% salary 120 days $.39/$100 Southlake Piano Addison Coppell Yes No Yes Yes 1 x annual salary $5O,OOO $. 13/$1000 1 x annual salary $5O,OOO $.03/$1000 60% salary 90 days $.26/$100 University Park No *4xannual 2xannual 2xannual 2xannual salary + salary salary salary $10,000 $500,000 $200,000 $150,000 $250,000 $.31/$1000 $.205/$1000 $.165/$1000 $.19/$1000 $1.15 PEPM $10,000 2 x annual 1 x annual 2 x annual salary salary salary $10,000 $200,000 $150,000 $250,000 incl. in $1.15 $.042/$1000 incl. w/life $.04/$1000 40% salary 60% salary 60% salary 60% salary 180 days 120 days 90 days 180 days $.07/$100 $.34/$100 $.37/$100 $.31/$100 *age 50 or < 4x sal. + $10,000 *age 50-64 3x sal. + $10,000 *age 65-69 2x sal. + $10,000 *age 70-74 1.33x sal. + $10,000 *age 75 or> lx sal. + 10,000 AGENDA MEMO (11/16/2004 AGENDA) DATE: TO: FROM: November 10, 2004 Mayor and City Council Gary W. Adams, Chief of Police SUBJECT: Texas Traffic Safety Program Grant Project: STEP WAVE ITEM The Police Department applied for received a Texas Traffic Safety Program Grant. The total amount of the award is $5,656.00. The purpose of the grant is to fund overtime for officers to work selective traffic enforcement programs in an effort to increase safety belt use and reduce speeding violations. ATTACHMENTS · Texas Traffic Safety Program Grant Agreement · Resolution · Memo from Captain Brown to Chief Adams regard STEP-Wave Grant RECOMMENDATION: Staff recommends that the City adopt a resolution entering into an agreement with the Texas Department of Transportation supporting the state's efforts to increase safety belt and speed enforcement. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\SSTEP Grant 111004.doc 4:55 PM 11/10 Memo To: Gary W. Adams, Chief of Police From: Robert Brown, Operations Captain Date: October 19, 2004 Re: STEP-Wave Grant The State of Texas, acting by and through the Texas Department of Transportation has awarded the City Of University Park a Selective Traffic Enforcement Program (STEP) grant. Fiscal Year 2005 Selective Traffic Enforcement Program Waves have been scheduled for Thanksgiving and Memorial Day (required) with an option to participate in two additional holiday. The City Of University Park has chosen to participate in one (1) additional holiday, which is Labor Day. These Waves primarily fund enforcement efforts to increase safety belt use, however, speed enforcement can also be a component. Enforcement of safety belt and child safety belt laws must constitute more than 50 percent of the effort provided under this grant agreement. The maximum amount eligible for reimbursement to the City Of University Park for police officers working STEP is $5,656.00. It is the responsibility of the Texas Department of Transportation to reimburse the City Of University Park for all eligible costs as defined in the Traffic Safety Project Budget. A minimal amount is matched bythe City Of University Park. This amount is identified as indirect costs, includes general administrative costs, accounting and personnel services and is estimated to be no more than $675.00 if the sub-grantee (City Of University Park) uses the entire grant awarded. For the first three years of the STEP Wave Grant, a minimum of 10% match will be required of all sub-grantees. Sub-grantees in year four (4) will be required to match 35%. A 50% match will be required in year five (5.) Based on the traffic complaints that I have received from several of our citizens, traffic enforcement activity from our patrol officers and data collected from traffic analysis, there is not a 50% compliance of the speed limit. Our local traffic crash data indicates that there were two fatal motor vehicle accidents in our city during the past 12 months. Of those motor vehicle accidents, 50% were speed related. We intend to focus our enforcement on those roadways that generate the most complaints and/or traffic. Our objective is to use these grant funds for extra enforcement in our city in an overtime perspective. The City Of University Park is committed to providing a community where the roadways are safe for our citizens and others who travel throughout our jurisdiction. These grant funds will assist in that effort. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A GRANT AGREEMENT WITH THE STATE OF TEXAS FOR TRAFFIC ENFORCEMENT AND AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in connection with the approval of a Texas Traffic Safety Program Grant in the amount of $5,656.00, for a Selective Traffic Enforcement Program, it is necessary to enter into a Grant Agreement with the State of Texas, through the Texas Department of Transportation; and WHEREAS, the City Council wishes to accept the grant, approve the Agreement and authorize the City Manager to sign it on behalf of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That a grant in the amount of $5,656.00 is accepted and the Texas Traffic Safety Program Grant Agreement ("Agreement"), by and between the City of University Park and the State of Texas, through the Texas Department of Transportation, a copy of which is attached hereto as Exhibit "A" and made part hereof for all purposes, is hereby approved in all respects. SECTION 2. That the City Manager is hereby authorized and directed to execute the Agreement on behalf of the City and to perform such other administrative steps as are necessary to give effect to the Agreement on behalf of the City. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, on the 16th day of November 2004. APPROVED: JAMES H. HOLMES, III, MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/111104) NINA WILSON, CITY SECRETARY Page 1 69390 I, Nina Wilson, City Secretary of the City of University Park, Dallas County, Texas, do hereby certify that the foregoing Resolution, proposed by Council Member , was duly passed and adopted in the City Council Meeting of the City of University Park, Dallas County, Texas at a regular meeting thereof assembled this 16th day of November 2004, by the following vote: AYES: NAYS: ABSENT: CITY SECRETARY OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS (Seal) Page 2 67323 AGENDA MEMO (11/16/04 AGENDA) DATE: TO: FROM: SUBJECT: November 11, 2004 Honorable Mayor and City Council Jacob Speer, Assistant Director of Public Works Consider Telecommunications Easement for AT&T Wireless Along West Side of Roland Avenue Right-of-Way ITEM: AT&T Wireless plans to install wireless communication antennas on a TXU pole along the Dallas North Tollway across from the DCPCMUD booster pump station. AT&T plans to place the base cabinets associated with that installation in the southwest comer of Germany Park on land owned by the NTTA. The cables between the TXU pole and the base cabinets will need to mn along a 5 foot wide strip of land between the sound wall and the Roland Avenue curb line. That strip of land is owned by the City. Consequently, AT&T Wireless has requested a utility easement in the above mentioned strip of land to allow for the placement of their cables and associated hardware. AT&T Wireless has agreed to a request by the Park Director to enclose their base cabinet area with a nice, screening fence as specified by the Director. These antennas will serve the southwestern part of University Park as well as the Tollway. RECOMMENDATION: Staff recommends approval of a telecommunications easement for AT&T Wireless as described in the attached easement document and exhibits. ATTACHMENTS: · Proposed Easement Agreement and Exhibits "A" and "B" 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3~ATT utlt~ easemnt Germany Pk 11-17-04.doc 4:13 PM 11/11/04 COMMUNICATION SYSTEMS EASEMENT THE STATE OF TEXAS COUNTY OF DALLAS Grant of Easement by: the City of University Park. ("Grantor"). For the sum of One Thousand Five Hundred Dollars ($1500.00) and other valuable consideration, Grantor grants to METROPLEX TELEPHONE COMPANY d/b/a AT&T WIRELESS SERVICES, whose address is 5601 Legacy Drive, Piano, Texas 75024, its respective successors, assigns, associated and allied companies ("Grantee"), subject to the terms stated below, a perpetual easement ("Easement") to construct, operate, maintain, expand, replace and remove a communication system that Grantee may, from time to time, in perpetuity, require, consisting of: (a) underground cables, (b) wires, (c) conduits, (d) splicing boxes and (e) surface location markers upon, over, through, and under a parcel of land legally described on Exhibit "A" and only as depicted on Exhibit "B", said exhibits being attached hereto and incorporated herein by reference for all purposes. This grant of Easement also includes any right of ingress or egress over and across the Land owned or controlled by Grantor, as described above. Grantor warrants that Grantor is the owner of the Land and will defend title to the Land against the claims of any and all persons, and that Grantor has full authority to grant this Easement according to its terms. Grantor further warrants that to the best of the Grantor's knowledge the property is free from any form of contamination and contains no hazardous, toxic or dangerous substances. Executed by Grantor this day of ., 2004 By: James H. Holmes, III Mayor ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS Before me, a notary public in and for said County and State, on this _day of , 2004, personally appeared James H. Hohnes, III, known to me to be the identical person who executed this foregoing instrument, and acknowledged to me that he executed the same for the uses and purposes therein set forth. NOTARY PUBLIC 2 3AI~H(3 O:TV C)~07 EXHIBIT "A" LEGAL DESCRIPTION 5' UTILITY EASEMENT BEING a tract of land situated in the A. Bledsoe Survey, Abstract No. 88, City of University Park, Dallas County, Texas, also being out of and a portion of that certain tract of land conveyed to the City of University Park by Volume 74079, Page 1331, Deed Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a X found on the northeast corner of Roland Avenue a 27 feet right-of-way, also being the northwest corner of Block 1, Lot 6, Potomac Park Second Installment, an addition to the City of University Park, Dallas County, Texas, according to the map or plat thereof recorded in Volume 6, Page 358, Map Records, Dallas County, Texas; THENCE along the north line of Roland Avenue, also being the south line of the said University Park tract, South 89 degrees 41 minutes 49 seconds West, a distance of 27.13 feet to a Point, also being on the east right-of-way line of the Dallas North Tollway (right-of-way varies); THENCE along the east right-of-way of the Dallas North Tollway, North 05 degrees 17 minutes 26 seconds East, a distance of 325.40 feet to a Point; THENCE continuing along the easterly right-of-way of the Dallas North Tollway, South 85 degrees 15 minutes 14 seconds East, a distance of 1.81 feet to the POINT OF BEGINNING hereof; THENCE continuing along the easterly right-of-way of the Dallas North Tollway, South 85 degrees 15 minutes 14 seconds East, a distance of 5.00 feet to a Point; THENCE through the interior of said University Park tract the following three (3) courses: 1. South 04 degrees 52 minutes 34 seconds West, a distance of 314.90 feet to a Point; 2. North 85 degrees 07 minutes 26 seconds West, a distance of 5.00 feet to a Point; 3. North 04 degrees 52 minutes 34 seconds East, a distance of 314.89 feet to the POINT OF BEGINNING hereof and containing 0.0361 acres or 1574 square feet of land, more or less. AGENDA MEMO (11/16/04 AGENDA) DATE: TO: FROM: SUBJECT: November 10, 2004 Honorable Mayor and City Council Christine Green, Purchasing Agent Purchase of Replacement Vehicles through H-GAC Attached is a memo from Jim Gau, Jr., Fleet Manager, describing three pickup trucks scheduled for replacement this year. Replacement vehicles are available through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program. The City has had an interlocal agreement for cooperative purchasing with H-GAC since 1994. Purchases made through H-GAC fulfill all competitive bidding requirements. Below is a summary of this proposed purchase: 2005 Ford F-450 with service body, telescopic bed cover, and lift gate for the Facilities Maintenance Division to replace 1987 Ford E-250 van; Total Cost: $39,519.77. 2005 Ford F-250 extended cab with a utility body and lift gate for the Traffic Division to replace 1990 Ford F-250 pickup; Total Cost: $27,816.77. 2005 Ford F-250 extended cab with a utility body and a new post puller attachment for the Traffic Division to replace wrecked 2001 Ford F-250 pickup; Total Cost: $28,210.43 (reimbursed by insurance settlement). The total cost for all three vehicles is $95,546.97. RECOMMENDATION: Staff recommends purchasing these vehicles through H-GAC in the total amount of $95,546.97. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\HGAC Order 2004.doc 10:08 AM 11/11/04 City of University Park Equipment Services 4419Worcola Dallas, Texas 75206 214-987-5441 Fax: 214-987-5479 November 11,2004 To: Kent Austin, Finance Director Jacob Speer, Assistant Public Works Director Fred Carroll, Management Services Coordinator Dave Rogers, Traffic Supervisor From: Jim Gau Jr., Fleet Manager Subject: Equipment Replacement Attached please find requisitions and HGAC Quotes for three trucks. One unit is for the Facilities Maintenance Division and two are for the Traffic Division. The unit being purchased for the Facilities Maintenance Division will replace Unit 1351 a 1987 Ford E-250 Van. This unit has exceeded its expected life cycle and was approved for purchase in this budget year. The unit will be replaced with a 2005 Ford F-450 with a service body, telescopic bed cover, and li¢~ gate. This configuration will provide a higher degree of efficiency for this department by providing greater storage capacity for materials and the ability to haul and load larger objects than was not possible with their van. The replacement cost for this unit is $ 39,519.77, and will be paid from account 47-30-9035. The units being replaced for the Traffic Division consist of one planned replacement and one that was totaled in a recent accident. Unit 1274 is the unit that was planned for and approved for replacement in this budget year. It is a 1990 F-250 pickup that has reached the end of its fiC~een year expected life. The unit will be replaced with a 2005 Ford F-250 extended cab with a utility body and li¢~ gate. This unit will allow greater and more secure storage of parts and supplies, and the extended cab will allow them to store their more sensitive electronic equipment in a temperature and moisture hospitable environment. The replacement cost for this vehicle is $ 27,816.77, and will be paid from account 47- 30-9025. Unit 6374 is the unit that was recently totaled in an accident. This unit is a 2001 Ford F-250 with a utility body and Bemis post puller attachment. It will be replaced with a 2005 Ford F-250 extended cab with a utility body and a new post puller attachment. The cost of the new post puller attachment is $ 3,210.66. The cost of the new truck is $ 24,999.77. Total cost for replacement is $ 28,210.43.This truck will be paid from account 47-30-9025 with the insurance settlement funds being deposited into this account once received. · Page 2 November 11, 2004 Please review the following specifications and let me know if there is something that needs to be changed. If everything is satisfactory, please send me an e-mail acknowledging that you are in agreement with the specifications. I will not move forward with this purchase until all persons addressed on this document contact me with their approval. Sincerely, Jim Gau Jr Fleet Manager AGENDA MEMO (03/02/04 AGENDA) DATE: TO: FROM: November 12, 2004 Honorable Mayor and Members of the City Council Bob Livingston SUBJECT: 2004 Christmas and New Year Holidays The City's holiday schedule calls for employees to receive a one-half day holiday on both Christmas and New Year's Eve. Since Christmas and New Year; fall on Saturday this year, the holiday will be on Friday. That would mean that City facilities would be closed from noon on Thursday, December 23, 2004, until Monday, December 27, 2004 for Christmas and again from noon on Thursday, December 30, 2004 until Monday, January 3, 2004 for the New Year. I am requesting that we modify this schedule to have those two half days combined and given on Thursday, December 23, 2004. The City Council has approved similar changes in past years. Approval will mean that City offices and most services will be closed on Thursday and Friday, December 23 and 24. Historically, phone calls and customer traffic are almost nonexistent on these days. As with all other holidays, Fire and Police will maintain routine schedules. Sanitation service will be modified to allow those employees days off also. The change this year will have the added advantage of having employees working a full day on Thursday, December 30, 2004. The week after Christmas is historically one of the heaviest times of the year for the Sanitation Division. Having more employees here for four days that week will allow them to obtain more help from other Public Works divisions. If you have questions, please let me know. cc: Department Heads 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. U NIVPARKXLocal Settings\Temporary Internet Files\OLK3\CCXMAS 111204.doc 9:17 AM 11/12 AGENDA MEMO ( l l/16/04A GE ND A ) DATE: November 16, 2004 TO: Mayor Homes and City Council FROM: Kate Smith, Administrative Intern SUBJECT: Discuss City Council's Strategic Goals City Council and Staff attended at retreat facilitated by Carol and John Nalbandian at the SMU campus on October 7 and 8. At the retreat, council and staff brainstormed a list of strategic goals and objectives. At the close of the retreat, Mayor Holmes selected Councilmember Jim Roberts, Finance Director Kent Austin and Administrative Intern Kate Smith to condense and draft the strategic goals from this list. Attached is the first draft of the strategic goals that have been prepared for council and staff review and discussion. ATTACHMENTS: Draft one of strategic goals. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson. UNIVPARK~Local Settings\Temporary Internet Files\OLK3\Strategic Goals-Agenda Memo.doc 9:52 AM 11/11/04 City of University Park Strategic Goals *DRAFT 1 * Traffic Flow and Parking: Improve traffic flow and parking while acknowledging limits to potential solutions. Key Objectives: · Develop traffic and parking improvements. · Communicate traffic realities. Commercial Vitality: Redevelop commercial areas with an emphasis on Snider Plaza and Miracle Mile. Key Objectives: · Study feasibility ofundergrounding Lovers Lane in Miracle Mile. · Develop a Master Plan for Snider Plaza and Miracle Mile areas, including: Engage planning consultant. Survey businesses to get input. Promote joint meetings with business owners and get consensus on the plans. Sense of Community: Enhance our sense of community which values the importance of the common good over special interests. Key Objectives: · Develop a plan to recognize model citizens in our community. · Conduct a New Resident Orientation. City Aesthetics: Maintain and improve the attractiveness of the City with attention to architecture, parks, and entranceways. Key Objectives: · Identify initiatives based on the Park Advisory Committee. · Develop a unified design and standards for entrances to the city. · Install signs in each park about the history of each park. Proactive Communication: Communicate effectively with residents via different forms of media to promote the City's image. Key Objectives: · Assess the effectiveness of current communication methods and make recommendations for improvements. · Evaluate the need for a specific position on City staffto manage website and cable channel content, handle media contacts, community relations, and produce publications. Service Delivery: Commitment to excellence in city services, such as improved infrastructure, strong public safety and f'mancial stability. Key Objectives: · Consider citywide program for sidewalk maintenance. · Conduct study of improving restrooms in the parks. · Implement customer service work order system (311 project).