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HomeMy WebLinkAboutAgenda 03 01 05 Names Tabs.doc AGENDA #2505 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, MARCH 1, 2005 AT 5:00 P.M. 3:15-4:00 P.M. EXECUTIVE SESSION TO RECEIVE LEGAL ADVICE FROM THE CITY ATTORNEY UNDER SECTION 551.071 OF THE GOVERNMENT CODE - Tab I 4:00-5:00P.M. WORK SESSION FOR AGENDA REVIEW I. INVOCATION - Councilmember Harry Shawver II. INTRODUCTION OF STAFF - City Manager Bob Livingston III. AWARDS & RECOGNITION A. RECOGNITION: Police Officer A1 Rosales, Employee of the Year B. DEPARTMENT PIN: Police Officer Jan Bradley, 25-years IV. 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. Vo CONSENT AGENDA A. CONSIDER: Approval of City Council Meeting Minutes for February 15, 2005 - Wilson Tab II VI. MAIN A. AGENDA CONSIDER: Ordinance to extend cable television franchise for six months - Austin Tab III CONSIDER: Authorization for City Manager to sign Interlocal Agreement for Biomedical On-Line Supervision with City of Dallas - Ledbetter Tab IV REVIEW: Recommendation of Public Works Advisory Committee regarding decorative light fixtures for Lovers Lane project - Smallwood Tab V 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. VII. INFORMATION AGENDA Tab VI REPORTS, BOARD AND COMMITTEE MEETING MINUTES B. C. D. E. F. H. I. J. BOARD OF ADJUSTMENT EMPLOYEE BENFITS ADVISORY COMMITTEE FINANCE ADVISORY COMMITTEE PARK ADVISORY COMMITTEE PLANNING & ZONING COMMISSION PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE PUBLIC SAFETY ADVISORY COMMITTEE PUBLIC WORKS ADVISORY COMMITTEE URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE ZONING ORDINANCE ADVISORY COMMITTEE Minutes for November 30, 2004 CAPITAL PROJECTS REVIEW COMMITTEE MEMORANDUM DATE: February 24, 2005 TO: Mayor and City Council FROM: Bob Livingston City Manager SUBJECT: Briefing Information for the Meeting with the Town Council Regarding Sewer Trunk Main of Highland Park Attached, you will find a packet of information in chronological order covering approximately 4 years of discussions with the Town on this subject. It includes the two legal opinions we requested from Monte Akers regarding our responsibility/liability for the portions of the line in the Town. In summary, we moved from a position that offered the following: University Park would continue to maintain the line to Beverly Drive. The Town would maintain it from there south. The Town and City would share the cost of any capital improvements (percentage unspecified) that were improved in advance by both parties. Both parties would be involved in design and construction. In our last letter we further offered to: · City would agree to share capital improvement costs on a 50~50 Basis. · City would agree to share maintenance costs on a 50/50 basis. Bills would have to be submitted prior to payment for comment. · City would agree to share the cost of reporting overflows on a 50/50 basis. · Town and City would be responsible for any liability arising from for incident occurring on the portions in the respective jurisdictions. Legal opinions we have requested from Monte Ackers on the issue of having an interlocal agreement and our ability to assume liability for something in Highland Park are included. His opinion is consistent with area mutual aid agreements for police and fire. Under those agreements, the city where is event occurs accepts liability for the event and the personnel of the responding jurisdiction. C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings\Temporary Internet Files\OLK3\HPSEWERCC022305.doc 2/24/2005 3:55:25 PM MINUTES #2504 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM TUESDAY, FEBRUARY 15, 2005, 7:30 A.M. Mayor Blackie Holmes opened the meeting of the City Council. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Harry Shawver, Kelly Walker and Syd Carter. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. ITEMS FROM THE FLOOR Mr. Morton Newman, 6725 Golf Drive, spoke in opposition to the house being built at Golf and Rosedale. Mr. Robert Johnson, who lives at the corner of Windsor and Loma Alto, spoke in opposition of future restrictions on corner lots. Councilmember Walker moved acceptance of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the Consent Agenda: CONSENT AGENDA CONSIDER REQUEST FROM HIGHLAND PARK PRESBYTERIAN CHURCH FOR EASTER SUNDAY SUNRISE SERVICE AT GOAR PARK: The church begins their set-up at approximately 4:00 a.m. and usually leaves the park no later than 8:00 a.m. The church estimates approximately 700 participants will be in attendance Easter morning. CONSIDER CHANGING THE CITY PUBLIC SAFETY WIRELESS SOLUTION: In early 2004, the City received a letter from AT&T announcing the end of the Cellular Digital Packet Data (CDPD) network effective June 30, 2004, and incentive to migrate to their new General Packet Radio Services (GPRS) network. Staff has evaluated responses from Verizon Wireless, AT&T Wireless, and Sprint. One solution has surfaced as the best fit to meet all of those objectives. A service called Evolution Data Optimized (EVDO) and provided by Verizon Wireless seems to be the best fit to meet all objectives. Staff recommends awarding a contract for Public Safety Wireless Services to Verizon Wireless for $1,743.00 per month. CONSIDER DATES FOR 2005 EMPLOYEE HOLIDAYS: In 2005, the City will recognize employee holidays on the following days: New Year's Day, Monday, January 3rd ---Employee Picnic, Friday, May 27th, Close at noon --- Memorial Day, Monday, May 30th ---4th of July, Monday, July 4th --- Labor Day, Monday, September 5th --- Thanksgiving, Thursday & Friday, November 24th & 25th --- Christmas Eve & Christmas Day, Friday, December 23rd & Monday, December 26th. Sanitation collection will resume on Tuesday, December 27th. The 2006 New Year Holiday will be celebrated on Monday, January 2nd. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For February 1, 2005. MAIN AGENDA CONSIDER KERV1N MEMORIAL PROJECT: This item was continued. CONSIDER REQUEST TO ABANDON SANITARY SEWER EASEMENT AT 6809 GOLF: The owner of the property at 6809 Golf requested the City abandon an easement for a previously abandoned sanitary sewer that crossed the residential lot. Even though the sewer is no longer in service, the City still retains the easement which encumbers his property. Staff will determine the fair market value for the easement and request the City Attorney develop an abandonment ordinance. Councilmember Shawver moved approval to the abandonment. Mayor Pro Tem Roberts seconded, and the vote was unanimous to abandon the sanitary sewer easement at 6809 Golf. CONSIDER CONTRACT FOR MASTER PLAN DEVELOPMENT FOR SNIDER PLAZA/HILLCREST SOUTH: One of the goals from the October Council/Staff Planning session was commercial vitality and the redevelopment of commercial areas with an emphasis on Snider Plaza and the Miracle Mile. A meeting with Townscape Planning Inc. was held to discuss the best approach to developing the plan. Since there is a potential for immediate development in the Snider Plaza/Hillcrest South area, as well as, the fact that specific zoning issues need to be addressed, this proposal is to perform the first study on Snider Plaza/Hillcrest South, which will run from Lovers Lane to the Hilton Hotel. Once this area is completed, in approximately one year, the scope and timeframe for the work on the Miracle Mile can be determined. The proposal totals $95,212. Mr. Dennis Wilson of Townscape Planning, Inc. was present at the meeting as was Mr. Robert Fullington, property owner in Snider Plaza, who spoke in favor of using a professional consultant. Mayor Pro Tem Roberts moved approval of the contract. Councilmember Shawver seconded, and the vote was unanimous to approve a contract with Townscape Planning, Inc. for a Master Plan Development for Snider Plaza/Hillcrest South. CONSIDER SNIDER PLAZA SPRING BANNERS: In an effort to establish additional seasonal color during the spring season, Phase II of the Snider Plaza Banner Program will be implemented. Decorative Spring banners will be installed on approximately 30 light poles at Snider Plaza. Two banners will be installed on each light pole in order to obtain greater visual impact. To date, the City has received $2,000.00 in donations from local business owners within Snider Plaza. The City's portion of the project will be $787.00. Director of Parks Gerry Bradley made a PowerPoint presentation displaying the banners. Councilmember Carter moved acceptance of the banner program for Snider Plaza. Councilmember Shawver seconded, and the vote was unanimous to approve Phase II of the Snider Plaza Banner Program. DISCUSS ZONING REQUIREMENTS ASSOCIATED WITH RESIDENTIAL CONSTRUCTION ON CORNER LOTS: Councilmember Walker moved the issue be sent to the Zoning Ordinance Advisory Committee (ZOAC) for more detailed discussion and recommendation back to Council. Mayor Pro Tem Roberts seconded, and the vote was unanimous to send the matter to ZOAC. DISCUSS PARK INFORMATION SIGNS: One of the goals under the Strategic Plan entitled City Aesthetics was to install attractive, uniformed signs in each park which provided park history, regulations, and hours of operations. Director of Parks Gerry Bradley made a PowerPoint presentation displaying different signs. It was decided that the Park Advisory Committee should discuss the signs and that other signs would also be presented to the Council at a future date. REVIEW QUARTERLY FINANCIAL STATEMENTS: A set of financial reports for the City was presented by Director of Finance Kent Austin. The reports show budget-to-actual activity by fund and department, and a narrative is also provided to highlight notable events and trends. Mr. Austin stated the City was exactly where it should be for the first quarter. Mayor Holmes adjourned the meeting and called the Council into Executive Session at 8:32 a.m. for a consultation with the City Attorney to receive legal advice under Section 551.071 of the Government Code. The Executive Session ended at 9:03 a.m. No action was taken during the meeting. PASSED AND APPROVED this 1st day of March 2005. ATTEST: James H. Holmes III, Mayor Nina Wilson, City Secretary DATE: TO: FROM: SUBJECT: AGENDA MEMO (03/01/05 AGENDA) February 24, 2005 Honorable Mayor and City Council City Manager Kent R. Austin, Director of Finance Cable television franchise extension INTRODUCTION Included on the March 1 City Council meeting agenda is an ordinance extending the existing cable TV franchise with Charter for six months, to October 15, 2005. This extension is requested by both City staff and Charter. BACKGROUND As you know, Charter Communications is the sole incumbent provider of cable television and cable modem service in University Park. Charter is the successor to Marcus Cable and Sammons Communications, the original franchisee approved in 1978. Cities have franchise agreements with cable TV operators because these operators build their cable systems in the public rights-of-way (ROW), usually alleys and streets. In exchange for this permission to occupy public space, cable companies pay a franchise fee (e.g., 5% of gross revenues) as a substitute for ROW rent. While cities cannot regulate subscriber rates, they do have authority over other areas of cable operation. The franchise agreement is the governing document for the relationship between a cable operator and franchise authority. The current franchise agreement, approved in March 1995, expires April 15, 2005. Charter's General Manager wrote to Mayor Holmes on February 1, 2005, requesting a twelve month extension of the current franchise. City staff and Charter officials subsequently agreed to seek a six month extension. While some unhappy cable customers have suggested that the City deny Charter's request to renew the franchise, in reality this is not an option. Unlike telephone operators, cable providers are not required to make their physical plant accessible to competitors, so the incumbent operator enjoys a de facto monopoly. A new cable provider would have to build a duplicate physical plant to begin providing service. This large investment in infrastructure discourages potential competitors; as a result, forced replacement of a cable provider is not as simple as signing a new contract or flipping a switch. Instead, denial or revocation of a cable franchise results in the community forgoing cable service altogether. 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 CATV franchise extension 03 2005.doc 1:41 PM 02/24/05 Additionally, the legal requirements for denying a franchise are so severe as to make the option virtually impossible. Since August 2004 City staff has been meeting with the Cable TV Franchise Review Advisory Group (FRAG) and representatives from Charter Communications. FRAG includes six University Park residents appointed by City Council, three Highland Park residents appointed by the HP Town Council, and City and Town staff members. Since its establishment last year, FRAG has met approximately every two weeks. Activities have included: · Review of cable TV franchise renewal procedures and legal landscape with attorney John Pestle, a nationally recognized telecommunications law expert. · Development of request for proposals (RFP) for cable TV system technical assessment, franchise fee audit, and community needs assessment. · Meetings with Charter officials to exchange information about the condition of the cable system, status of Charter's operations, and areas for improvement. · Commissioning of a franchise fee audit by C2 Consulting Services (approved by City Council 11/16/2004; the consultant delivered a draft report 2/23/2005). · Meetings with consultants regarding a community-wide needs assessment/ customer satisfaction survey. · Discussion of desired elements in a new cable TV franchise. · Consideration of franchise extension while research and discussions continue. RECOMMENDATION FRAG and City staff recommend approval of the six month cable TV franchise extension. ATTACHMENT: · Sharan Wilson letter to Mayor Holmes, 1 February 2005 · Proposed ordinance extending franchise 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 CATV franchise extension 03 2005.doc 1:41 PM 02/24/05 Charter MMUNICATIONS' A WIRED WORLD COMPANY RECEIVED FEB 0 3 2005 February 1, 2005 The Honorable James H. Holmes, Mayor City of University Park 3800 University Boulevard University Park, TX 75205 III RE: Cable Television Franchise Term Extension Dear Mayor Holmes: As you know, in 2002, we asked that your community commence renewal proceedings with an ultimate goal of renewing our current franchise. It has now been some time since this process began. Although the parties are negotiating in good faith, at this point in time, there is not a final and effective renewal. Insofar as the April 15, 2005 expiration date is rapidly approaching, leaving insufficient time to conclude a mutually acceptable franchise agreement, Marcus Cable Associates, L.L.C., d/b/a/Charter Communications formally requests the City to grant a twelve (12) month extension from the April 15, 2005 date in which to secure a final effective renewal agreement. To that end, and for your convenience, we have enclosed with this letter an extension ordinance for your consideration. Although we have confidence that a renewal agreement will be reached through our informal negotiations, we continue to reserve our rights under the formal procedures of the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992. We look forward to successfully concluding a renewal agreement and to providing quality cable television service to our customers for many years to come. Very truly yours, Marcus Cable Associates, L.L.C d/b/a Charter Communications Sharan Wilson General Manager 4800 Blue Mound · Fort Worth, Texas · 76106 www. chartercom, com· tel: 817.509.6272 * fax: 817.626.1259 The Honorable James H. Holmes, III February 1, 2005 Page 2 Receipt acknowledged this day University Park, Texas. Name: Title: · Enclosure cc: Division Franchising Bob Livingston, City of University Park Kent Austin, City of University Park of ~-e~9~ ., 200 ~-'-, by the City of ORDINANCE NO. 04/ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 95/11, THE CABLE TELEVISION FRANCHISE ORDINANCE, TO EXTEND FURTHER THE EXPIRATION DATE FOR ONE HUNDRED AND EIGHTY-THREE (183) DAYS FROM APRIL 15, 2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Marcus Cable Associates, L.L.C. d/b/a Charter Communications ("Charter") currently holds a cable franchise with University Park, Texas ("City"), granted by Ordinance No 95/11 ("Franchise"), on March 15, 1995; and WHEREAS, Charter's Franchise with the City is scheduled to expire on April 15, 2005; and WHEREAS, Charter and the City have been engaged in informal renewal negotiations in accordance with Section 626 (h) of Title VI of the Communications Act of 1934, as amended; and WHEREAS, the amount of time required to conclude negotiations and allow for public review will extend beyond the initial expiration date; and WHEREAS, it is in the public interest to extend the current Franchise for additional period of time so that cable service to the public will not be interrupted; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the expiration date of the cable television franchise agreement with Charter Communications is extended hereby from April 15, 2005, for a period of one hundred eighty-three (183) days, to October 15, 2005. During this additional extension of the term of the franchise, the remaining provisions of Ordinance No. 95/11 shall remain in full force and effect, unless the Franchise is sooner renewed by passage of a new cable television franchise ordinance by the University Park City Council. SECTION 2. This agreement for an additional extension of time shall not be construed as a waiver of any rights by either party pursuant to any other statute, rule, or legislation. SECTION 3. This Ordinance shall take effect immediately from and after its passage as the law and City charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of March, 2005. APPROVED: MAYOR ATTEST: CITY SECRETARY AGENDA MEMO (03/01/05 AGENDA) DATE: TO: FROM: SUBJECT: February 24, 2005 Honorable Mayor and City Council David Ledbetter, Fire Chief Authorization for City Manager to sign Inter-local Agreement for Biomedical On-Line Supervision with the City of Dallas The City of University Park entered into an Interlocal Agreement in 1980 to purchase Bio- medical on-line supervision from the City of Dallas. The Bio-Tel System is located at Parkland Memorial Hospital and is staffed 24/7/365 by Parkland Memorial Hospital physicians and nurses. The City of University Park shares in the cost of staffing the biotelemetry system with eleven (11) other cities, which is calculated on a per capita basis. The cost of the services is $8,828.00 annually for the next two years and provides for an extension of the agreement for an additional 2 year period. This cost is budgeted annually in the Fire Department operational budget. This service is essential for the care of the critically injured and cardiac care patients that the Fire Department treats. As an additional consideration I would like for the Council to authorize the City Manager the ability to sign future Inter-local Agreements for Bio-Tel supervision without Council action since the increases in the costs of the agreements are normally at a one per cent increase every two years. Your consideration will be greatly appreciated. Recommendation: It is the recommendation of staff that the City Council approve the authorization of the City Manager to sign this Inter-local Agreement with the City of Dallas and future agreements to purchase Biotel Services. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson. UNIVPARK\Local Settings~Temporary Internet Files\OLK3\Biotel Agreement 030105.doc 9:34 AM 02/24J Resolution No.: 04-2798 THE STATE OF TEXAS COUNTY OF DALLAS INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF DALLAS, a Municipal Corporation, located in Dallas County, Texas, ("CITY") and UNIVERSITY PARK, TEXAS, a political subdivision of the State of Texas ("UNWERSITY PARK"). WITNESSETH WHEREAS, the Interlocal Cooperation Act, Chapter 791, V.T.C.A., Texas Government Code provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the CITY issued a Request For Proposal for Biomedical On-Line Supervision for a Dallas area emergency medical system; and WHEREAS, the BioTel System, staffed by Parkland Health & Hospital System physicians, paramedics, Registered nurses, and clerical staff, was created on July 1, 1980, to provide medical control for paramedics in the field via radio and telemetered patient data; and WHEREAS, the CITY has, pursuant to Resolution No. 04-2798, exercised its first of two (2) two-year options to renew, effective October 1, 2004, with Parkland Health and Hospital System to staff the Dallas Emergency Medical Service Radio Center; and WHEREAS, the CITY desires to contract with UNIVERSITY PARK for the sale of BioTel services and UNIVERSITY PARK desires to purchase from CITY the BioTel system services; NOW THEREFORE, CITY and UNIVERSITY PARK hereby enter into this interlocal agreement, for the mutual considerations stated herein: This Agreement should be administered on behalf of the CITY by the Chief of the Fire Department or his designee ("Chief or Director"). II. Upon CITY'S request, the BioTel System shall provide to UNIVERSITY PARK the medical control operation services selected from the list of services described in the dontract between the CITY and Parkland Memorial Hospital. IN~ERLOCAL AGREEMENT - BioTel 04-06 1 CITY OF UNIVERSITY PARK, TEXAS III. For the performance of the services provided by the BioTel System, UNIVERSITY PARK agrees to pay CITY for all services provided by CITY an annual biotelemetry fee to be calculated on a per capita basis and CITY shall issue an invoice reflecting said fee in an amount not to exceed $8,828.00 per year, for a total not to exceed amount of $17,656.00 for this term. If the option(s) to renew for the second two-year period is exercised, UNIVERSITY PARK will be notified in writing of the amount of the fee(s) respectively. Payments for each of the various services requested from the CITY by UNIVERSITY PARK will be made within thirty days after receipt of the invoice from CITY. All payments made under this agreement shall be made from currently available funds. Failure by the UNIVERSITY PARK City Council to appropriate sufficient funds for the purpose of performing this Agreement shall operate as an automatic termination of the Agreement. UNIVERSITY PARK shall pay City for all services performed prior to UNIVERSITY PARK notifying City of such termination. IV. The term of this Agreement shall be coterminous with the CITY's exercise of its first two- year renewal option contract with Parkland Health & Hospital System, which shall begin as of October 1, 2004, and end on September 30, 2006. In the contract between the CITY and Parkland Health & Hospital System, the CITY reserved the option(s) to renew that contract for two (2) consecutive two-year terms. If CITY exercises the second option, then this Agreement with UNIVERSITY PARK will be extended through September 30, 2008. Either party to this Agreement may terminate the performance of services under this agreement on thirty (30) days written notice to the other party. UNIVERSITY PARK agrees to pay CITY for the services authorized by the Chief. and completed prior to the effective date of such notice. UNIVERSITY PARK agrees to be responsible for its own acts of negligence and CITY agrees to be responsible for its own acts of negligence, which may arise in connection with the purchase, use, and operation of BioTel System services. In the event of joint and concurrent negligence, UNIVERSITY PARK and CITY agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. VI. All notices, communications and reports under the Agreement shall be mailed or delivered to the respective parties as follows: To CITY: To UNWERSITY PARK, TEXAS: Chief, Fire Department 7 AS City Hall 1500 Marilla Dallas, Texas 75201 Chief, Fire Department City of University Park 3800 University Blvd. Dallas, TX 75205 INTERLOCAL AGREEMENT - BioTel 04-06 2 CITY OF UNIVERSITY PARK, TEXAS VII. A. MISCELLANEOUS PROVISIONS 1. Each party to this Agreement paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. 2. This Agreement is entered into subject to the Charter and ordinances of the City of Dallas, as amended, and applicable Texas State laws. The provisions of this Agreement shall be construed in accordance with the laws and court decisions of the State of Texas; and exclusive venue for any litigation that may be filed by either party hereto in connection with this Agreement shall be in Dallas County, Texas. 3. This Agreement can be revised at anytime by mutual consent of the parties and shall be revised by written amendment(s) to this Agreement and signed by both parties. No oral modifications can be made to this Agreement. 4. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 5. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters in this Agreement. EXECUTED THIS the 22nd day of September, 2004, by CITY and UNIVERSITY PARK, TEXAS. APPROVED AS TO FORM: MADELEINE B. JOHNSON, City Attorney CITY OF DALLAS MARY K. SUHM, Acting City Manager BY Assistant City Attorney BY Assistant City Manager UNIVERSITY PARK, TEXAS UNIVERSITY PARK, TEXAS By City Attorney BY City Manager INTERLOCAL AGREEMENT - BioTel 04-06 3 CITY OF UNWERSITY PARK, TEXAS COUNCIL CHAMBER 042798- September 22, 2004 WHEREAS, State. law requires Biomedical On-Line Supervision of the City of Dallas Fire Department paramedics; and WHEREAS, the City of Dallas Fire Department has entered into a contract with Parkland Memorial Hospital to provide Biomedical On-Line Supervision; and WHEREAS, it is most advantageous to the City of Dallas to renew the Biomedical On-Line Medical SUpervision contract with Parkland Memorial Hospital; and WHEREAS, it is in the best interest of the City to renew the interlocal agreements with particiPating governmental entities which shall distribute the cost of the system on a per capita basis; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager be and is hereby authorized to renew the Biomedical On-Line Supervision contract with Parkland Memorial Hospital for the first of two (2) twenty-four-month renewals. Section 2. That the City Controller be and is hereby authorized to disburse funds in an amount not to exceed $1,502,038 for Biomedical On-Line Supervision for the first twenty-four-month renewal. Section 3. That the City Controller be and is hereby authorized to disburse funds to Parkland Memorial Hospital, continge~ ncil of FY 2004-2005 budget, from Fund 0001, Agency !:3~70,! Encumbrance PD DFD20500638, Vend°ri~9~98A, total payment not to exceed $751,019 in FY 04-05 and $751,019 iffFY 05-06~(§bbj~ to annual appropriations). Section 4. That the City Controller is hereby authorized to receive revenues from the participating cities in the amount of $600,816 over the first twenty-four-month contract renewal and deposit revenues into Fund 0001, Agency BMS, Org 1258, Revenue Source 7472. Section 5. That the City Manager be and is hereby authorized to enter into interlocal agreements with other governmental entities to provide Biomedical On-Line Supervision, the cost for such service to be calculated on a per capita basis. Governmental entities may be added or deleted as required. COUNCIL CHAMBER 042798 September 22, 2004 Section 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the City Charter of the City of Dallas and it is accordingly so resolved. DISTRIBUTION: Office of Purchasing/Business Diversity Development Fire Department Office of Financial Services, 4FN APPROVED BY CITY COUNC'tL RFP 22 200~ :retarY AGENDA MEMO (03-01-05 AGENDA) DATE: TO: FROM: SUBJECT: February 24, 2005 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Review recommendation of Public Works Advisory Committee regarding decorative light fixtures for the Lovers lane project. Background. At their 02.24.05 meeting, the Public Works Advisory Committee (PWAC) was briefed on the three proposed decorative fixtures for the Lovers Lane project. Staff provided background on the three fixtures at the Vassar, Hunters Glen, and Baltimore intersections with Lovers. It was pointed out that Walt Humann's "lovers Lane Committee" had recommended the light at Hunters Glenn, and the Urban Design Committee had recommended the fixture at Baltimore. After considerable discussion, the PWAC voted to recommend that the City Council direct staff to use the same fixture that has been utilized previously throughout the community (Hillcrest north of Lovers; Lovers west from Thackery to Preston; Snider Plaza; and Preston south from Lovers to University). Recommendation. Staff requests City Council direction with the selection of a standard decorative light fixture to use on the Lovers Lane project. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3~AM PWAC Lovers Light Fixture 03 01 05.doc 1:33 PM 02/24/05 ZONING ORDINANCE ADVISORY COMMITTEE MINUTES November 30, 2004 The Zoning Ordinance Advisory Committee of the City of University Park met on Tuesday, November 30, 2004 at 12:00 P.M. at the Peek Service Center, 4420 Worcola St., Dallas, Texas. The following are minutes of that meeting. Committee Members Attending: Robert F. Spies - Chairman Kim Kohler Dayton C. Macatee Clay Snelling Pat Mills Anne Harrison Scott Helbing Gretchen Henry Absent & Excused: Edward D. Biggers Staff Members Attending: Bob Livingston - City Manager Bud Smallwood - Director of Public Works Wade McLaurin - Bldg.& Zoning Administrator Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Council Liaison: James H. Holmes III - Mayor James E. Roberts o Call to Order. Mr. Spies called the meeting to order. Continue discussion from September 28, 2004 & October 26, 2004 - request as forwarded by City Council in regards to implementation of residential masonry requirements. Staff reviewed previous information discussed, via a PowerPoint presentation, noting the need for an actual definition of "masonry". Questions presented by staff included: if traditional stucco (E.I.F.S.-stimulated stucco) should be included in the definition, should requirements vary between the different zoning districts, if a process should be provided by which an applicant could submit "alternative" materials for approval, and should detached structures, additions, or remodels of existing structures be included in the requirements. Staff presented proposed definitions of masonry (see attached definitions A-D). It was noted definition "C" may be most suitable, with more clarification being applied to the allowable thickness. An updated masonry survey (as previously requested by members) of other municipalities was reviewed, which included Colleyville, Coppell, Frisco and Southlake. A discussion ensued, with input from all members, regarding the positive and negative aspects of instituting percentage masonry requirements. All agreed maintaining property values with classic aesthetics was necessary, noting a percentage requirement of masonry was needed for the City. An exclusion to the creation of the discussed requirement was institution of an one-hundred percent (100%) masonry requirement due to the need to maintain the various styles of architecture throughout the City. As previously discussed, a method of approval needed to be created such as an Architectural Review Committee to allow "Cape Cod" or stucco structures. The possibility of allowing material variance requests through the Board of Adjustment was dismissed, due to the board not possessing the jurisdiction or legal authority to determine the use of materials, only the use of land in regards to an actual property hardship. Mr. Dillard suggested creating an allowable masonry percentage for each elevation,, with extra thought to the elevation, which would face the City right-of-ways. He further noted it would be advantageous to specify the non-allowable exterior materials. Mr. Spies expressed that the thought process could not be over simplified, again reiterating the need to impose restrictions on exterior materials (referencing to the hardy-plank residential structure on Stanford constructed by David Weekley Homes), while maintaining the rights of home owners/builders. A concept needed to be outlined, created and incorporated in with the current code. Mayor Holmes noted there was not a time limit imposed on the committee for the creation/implementation of these needed requirements. Mr. Spies requested additional information from staff specifically; pictures of aesthetically pleasing structures, which utilized the use of siding or hardy-plank and pictures/samples of the various materials which would fall under the proposed definition of masonry. Mr. Snelling volunteered to obtain the pictures/samples of the various materials requested. It was determined discussion/closure of the masonry requirement would continue to the next meeting of Z.O.A.C. Mr. Spies asked for a motion. Mr. Macatee moved to continue discussion to the next meeting with additional information provided by staff and Mr. Snelling specifically; pictures of structures aesthetically pleasing, which utilized the use of siding or hardy-plank and pictures/samples of the various materials which would fall under the proposed definition of masonry, with a second from Mr. Kohler. The motion was approved unanimously 8-0. o Discuss/Consider- Request as forwarded by City Council in regards to review of the current regulations regarding permitted accessory objects in the front-yard of residential districts. Staff briefed the members on correspondence by Louis H. Lebowitz, in regards to the 15+ foot "Horse and Rider" statue and the 40+ foot flagpole located at 4000 University. Mr. McLaurin presented a survey in regards to flagpole regulations of surrounding cities, however a regulation of "yard art" was not found in any local city's zoning ordinance. The question of enclosing the statue with a fence was dismissed due to the prohibition of fencing in the front-yard as outlined per the Zoning Ordinance. The statue at the subject property was noted as being screened somewhat, by the placement of the trees. Members and staff discussed the possible safety issue presented by the flagpole placement at 4000 University, and referred to the previous discussions of permanent basketball goals, noting the similarity between the two. After reviewing the survey outlining the various flagpole regulations, the members determined the following recommendation be forwarded to City Council: In all allowable Zoning Districts, the maximum flagpole height shall be thirty-five feet (35'), and must be no closer to any property line than the height of such flagpole. The maximum square footage of a flag on such flagpole shall be no larger than forty square feet (40 sq.ft.). Mr. Spies asked for a motion. Ms. Henry moved to recommend approval of the proposed flagpole regulation to City Council, with a second from Mr. Snelling. The motion was approved unanimously 8-0. Discuss/Consider ~ Minutes from the October 26, 2004 Z. O.A.C. meeting. Mr. Spies asked for a motion. Mr. Kohler moved to approve the minutes, with a second from Mr. Helbing. The motion was approved unanimously 8-0. Follow-up items. Mr. Spies noted the additional information requested from staff regarding item #2 - specifically: pictures of structures aesthetically pleasing, which utilized the use of siding or hardy-plank and pictures/samples of the various materials which would fall under the proposed definition of masonry. Establish future meeting date. Mr. Spies verified the next meeting to be on the fourth Tuesday of January 2005. ~ldjourn. There being no further business before the Committee, Mr. Spies adjourned the meeting. Z.O.A.C.