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HomeMy WebLinkAboutAgenda 04-05-05 Names Tabs.doc AGENDA #2507 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, APRIL 5, 2005 AT 5:00 P.M. 4:00-4:15P.M. EXECUTIVE SESSION: TO CITY ATTORNEY UNDER GOVERNMENT CODE. RECEIVE SECTION ADVICE FROM 551.071 OF THE 4:15-5:00P.M. WORK SESSION FOR AGENDA REVIEW i. INVOCATION - Councilmember Syd Carter ii. PLEDGE OF ALLEGIANCE - Councilmember Syd Carter iii. INTRODUCTION OF STAFF - City Manager Bob Livingston IV. AWARDS & RECOGNITION DEPARTMENT PIN: Communications Department, Dispatcher Wilford Davis, 15 years of service to the City Vo 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. VI. CONSENT AGENDA A. CONSIDER: Watermark Church's request to use Curtis Park for a church picnic on May 15, 9:00a.m.-2:00p.m - Bradley Tab I B. CONSIDER: No Parking East side of Key Street - Corder Tab II C. APPROVE: Contract with MBIA MuniServices Company to perform sales tax review - Austin Tab III D. AMEND: Code of Ordinances to adopt Incident Command System for all emergency incident response operations - Ledbetter Tab IV E. AMEND: Section 1.805 (lg) to read Fire Chief instead of Police and Fire Chief-Ledbetter Tab V F. CONSIDER: Abandonment of excess street right-of-way adjacent to 4400 Potomac - Corder Tab VI G. CONSIDER: Bid for street light standards with illuminated street signs - Green Tab VII H. CONSIDER: Approval of City Council Meeting Minutes for March 16, 2005 - Wilson Tab VIII VII. MAIN AGENDA A. PUBLIC HEARING: B. C. D. E. Approval of Planned Development for University Park United Methodist Church - Smallwood Tab IX PUBLIC HEARING: City's Drought Contingency Plan - Corder Tab X CONSIDER: Request for construction site requirements - Corder Tab XI CONSIDER: Williams Park playground design - Bradley Tab XII CONSIDER: Hiring graphic designer for banner design and park information signs - Bradley Tab XIII 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. VIII. INFORMATION AGENDA Tab XIV REPORTS, BOARD AND COMMITTEE MEETING MINUTES ao B. C. D. E. BOARD OF ADJUSTMENT Minutes for November 22, 2004 EMPLOYEE BENFITS ADVISORY COMMITTEE FINANCE ADVISORY COMMITTEE PARK ADVISORY COMMITTEE PLANNING & ZONING COMMISSION Minutes for January 17, 2005 PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE PUBLIC SAFETY ADVISORY COMMITTEE PUBLIC WORKS ADVISORY COMMITTEE Draft of Minutes for February 24, 2005 URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE ZONING ORDINANCE ADVISORY COMMITTEE CAPITAL PROJECTS REVIEW COMMITTEE AGENDA MEMO (04/05/05AG E N DA) DATE: TO: FROM: SUBJECT: March 28, 2005 Honorable Mayor and Members of the City Council Gerry Bradley, Director of Parks Reservation Request for Curtis Park The Parks Department has received a request from the Watermark Community Church, Dallas, Texas to reserve Curtis Park for a church picnic on Sunday, May 15, 2005. Watermark Church anticipates approximately 700 participants to be in attendance and plans to be at the park site from 9:00 a.m. until 2:00 p.m. Watermark Church has hosted past events at the park site without incident. RECOMMENDATION: Staff is recommending City Council approve the request from the Watermark Church to reserve Curtis Park for a church picnic based on the following criteria which was established at their last request. · User fee is $500.00 plus a refundable $250.00 security deposit · Watermark Church shall rent at least two (2) additional portable rest rooms for participant usage · Watermark Church shall refrain from using any P.A. system or any amplified music prior to 10:00 a.m. · All trash must be carried off the park site by users ATTACHMENTS: Letter of request from Watermark Church 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Watermark Community Church 2005.doc 8:16 AM 03/29J March 7, 2005 Gerry Bradley University Park Recreation Department 3800 University Blvd. Da~as, TX 75205 Dear Mr. Bradley, Please accept this letter as our request in wNting to reserve Curtis Park on Sunday, May 15, from 9:00am until 2:00pm for a church picnic, Based on previous picnics we anticipate up to 700 in attendance, The participants of the picnic are as follows: Food will be furnished and prepared on our chuck wagon for our members. · Three bounce houses as well as cotton candy and sno cones for the children. [] We will have a sound system playing music. Music will not began playing until IO:00am, - Two porr~a~potties will be rented. · Ail trash will be. carried off the premises. Please allow this letter to serve as our written submission that you will brkqg before the City Council on our behalf, Thank you for your con. siderarion to our request, I look forward to hearing from you! Sincerely, Stacy Kazee Assistant to Jay Jacobs Watermark Community Church 7540 kl~J Freewo¥ . Suite 800 ' DolIos, Te;tOS 7525 214.-~61.2275 {'oX: 214,-~61,6519 - ~-eb site: AGENDA MEMO (4/5/05 AGENDA) DATE: TO: FROM: SUBJECT: March 30, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works No Parking along Key Street ITEM: Staff proposes a no parking ordinance for the east side of Key Street from the point of its intersection with Shenandoah south to the point of its intersection with the alley south of Shenandoah. Parking would not be allowed along this portion of Key Street on school days between 8:00 a.m. and 5:00 p.m. Staff has received complaints from Mike and Brooke Bass (3451 Shenandoah) that vehicles parking along Key Street during daytime hours create parking and litter problems for residents along Shenandoah. RECOMMENDATION: Staff recommends approval of the no parking restrictions along Key Street. ATTACHMENTS: Ordinance 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31\No Parking Key St Agenda Memo.doc 4:04 PM 03/30J ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF KEY STREET FROM THE POINT OF ITS INTERSECTION WITH SHENANDOAH SOUTH TO THE POINT OF ITS INTERSECTION WITH THE ALLEY SOUTH OF SHENANDOAH BETWEEN THE HOURS OF 8:00 A. M. AND 5:00 P. M. ON SCHOOL DAYS; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful and an offense for any person to leave, stand, or park a motor vehicle at any time on the east side of Key Street from the point of its intersection with Shenandoah south to the point of its intersection with the alley south of Shenandoah on school days between 8:00 a. m. and 5:00 p.m. SECTION 2. That all provisions of other ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. 73149 SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. The parking restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the day of 2005. APPROVED: JAMES H. HOLMES m, MAYOR ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY (RLD/73149 (3/30/05) 73149 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF KEY STREET FROM THE POINT OF ITS INTERSECTION WITH SHENANDOAH SOUTH TO THE POINT OF ITS INTERSECTION WITH THE ALLEY SOUTH OF SHENANDOAH BETWEEN THE HOURS OF 8:00 A. M. AND 5:00 P. M. ON SCHOOL DAYS; 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. DULY PASSED by the City Council of the City of University Park, Texas, on the day of 2005. APPROVED: MAYOR ATTEST: CITY SECRETARY 73149 DATE: TO: FROM: SUBJECT: AGENDA MEMO (04/05/2005 AGENDA) March 31, 2005 Honorable Mayor and City Council Kent R. Austin, Director of Finance Sales tax review contract Background The City of University Park receives sales tax revenue from the State Comptroller each month, based on 1% of taxable sales that occur within University Park. Merchants collect the total 8.25% sales tax, which includes 6.25% for the State and 1% for DART, and remit it to the State Comptroller. The Comptroller then allocates and distributes the money to the taxing entities. Sales tax allocation problems can occur if merchants improperly identify themselves as belonging to a different jurisdiction. This is common in metropolitan areas, especially in this part of the Metroplex, where businesses in University Park may use "Dallas" instead of "University Park" in their mailing address. Even the City of University Park commonly used "Dallas" in their mailing address until the early 1990s. Without periodic comparison of the State's sales taxpayer lists to city streets, more and more merchants over time may be incorrectly coded to Dallas instead of University Park. Recently staff compared the list of sales taxpayers in ZIP codes 75205, 75225, and 75275 to City streets and found 668 sales taxpayers out of 2,679 taxpayers coded to Dallas. These corrections will be relayed to the Comptroller's office so that the proper allocation can be made in arrears, as well as going forward. While almost all of the 668 taxpayers are very small, the amount of sales tax due the City may be in the hundreds of thousands. MBIA MuniServices Corporation (MMC) and City staff have discussed an arrangement whereby MMC performs a periodic, automated review of University Park addresses to Comptroller records of UP sales taxpayers. MMC typically performs this service for a 35% contingency fee. For the 668 taxpayers already identified by staff, MMC has agreed to act as the City's intermediary in making the necessary corrections and receiving retroactive sales tax for a reduced fee of 8%. Recommendation Staff recommends awarding a contract to MBIA MuniServices Corporation for sales tax review. MMC will receive an 8% contingency fee on the accounts already identified by staff and 35% on accounts identified and corrected going forward. This item has received the support of the Finance Advisory Committee. To staff's knowledge, MMC is the only firm that directly provides the service. Attachments: "Exhibit A" Economic Forecasting including Review of Sales and Use Tax Revenue 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDA MEMO SALES TAX REVIEW 040505.doc 1:12 PM 03/31/05 CONSULTANT SERVICES AGREEMENT This Consultant Services Agreement (hereinafter "Agreement") is made as of _, by and between MBIA MuniServices Company, a wholly owned subsidiary of MBIA Inc. with an office at 7335 N. Palm Bluffs Avenue, CA 93711 (hereinafter "MMC"), and the City of University Park, a municipal corporation of the State of Texas (hereinafter "CITY"). 1. SERVICES Subject to the terms and conditions set forth herein, MMC shall provide to CITY the services set forth in Exhibit A attached hereto in exchange for the fees set forth therein. MMC shall not be required to perform, nor CITY be required to pay for, services not contained in Exhibit A. 2. INDEPENDENT CONTRACTOR STATUS MMC is an independent contractor, and not an employee of CITY, who will be engaged in providing consulting services for CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and MMC or between CITY and any employee or agent of MMC. Both parties acknowledge that MMC is not an employee for state or federal tax purposes. MMC shall retain the right to perform services for others during the term of this Agreement. Nothing in this Agreement shall be construed as creating a partnership, joint venture. Nothing in this Agreement shall be construed as designating MMC as an agent of CITY except as specifically provided in Exhibit A. MMC shall have no authority to bind, contract, or obligate CITY, financially or otherwise. CITY shall not have any right to control the means by which MMC performs the Services including the facilities used, the employees, contractors, or agents assigned by MMC. MMC shall be responsible for any subcontracts entered into in the course of performance of the Services for CITY and MMC shall be solely responsible for payment to the subcontractors· 3o COMPENSATION · 1 In consideration for the Services to be performed by MMC, CITY agrees to pay MMC the rates set forth in Exhibit A. .2 MMC shall submit timely invoices for all services rendered in accordance with Exhibit A. Payment will be made to MMC within thirty (30) days of receipt of MMC's invoice therefore. Any amounts which remain unpaid after thirty (30) days shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum amount permitted by law. .3 MMC shall be responsible for all costs and expenses incident to the performance of Services for CITY, including but not limited to, all costs of equipment provided by MMC, all fees, fines, licenses, bonds or taxes required of or imposed against MMC and all other of MMC's costs of doing business. CITY shall not be responsible for expenses incurred by MMC in performing Services for CITY, except as noted in Exhibit A, or such expenses that receive prior written approval from CITY. 4° CONFIDENTIALITY · 1 During the term of this Agreement, each party may have access to certain confidential information of the other including such party's products, services, technical data, trade secrets, inventions, processes, and constituent information. All such information shall be deemed "Confidential Information" whether or not identified as such. Each party shall use the Confidential Information of the other solely for performance of this Agreement, and all Confidential Information shall remain the sole property of the respective parties. With regard to Confidential Information, each party shall use the same care as it uses to maintain the confidentiality of its own confidential information, which shall be no less than reasonable care, and shall not make disclosure of the Confidential Information to any third party without the written consent of the Disclosing Party, except to employees, consultants or agents to whom disclosure is necessary to the performance of this Agreement and who are bound by a duty of confidentiality. Information shall not be .2 .3 .4 deemed confidential if it (i) is rightfully known to the receiving party prior to receipt from the disclosing party as reasonably evidenced by such party; (ii) becomes known to the receiving party from a source other than one who is under an obligation of confidentiality to the disclosing party; or (iii) becomes publicly known or otherwise ceases to be confidential other than by an unauthorized act. At all times, in accordance with Graham-Leach Bliley and other applicable State and Federal regulations, taxpayer information containing Personally Identifiable Information, as defined in applicable regulations, shall be held in the strictest confidence by MMC. If a subpoena or other legal process in any way concerning Confidential Information is served upon a party to which Confidential Information has been disclosed ("Recipient"), the Recipient shall promptly notify the Disclosing Party and shall cooperate with the Disclosing Party, at the letter's expense, in any lawful effort to contest the validity of such subpoena or other legal process. The parties agree that a breach of the terms of Section 4.1 or 4.2 would result in irreparable injury to the non-breaching party for which a remedy in damages would be inadequate. The parties agree that in the event of such breach or threatened breach, the non-breaching party shall be entitled to, in addition to any other remedies available at law or in equity, seek an injunction to prevent the breach or threatened breach. The obligation of confidentiality as set forth in Section 4.1 shall continue for a period of three (3) years from the date of disclosure of the information, provided, however, that for any information which constitutes a Trade Secret (as defined by applicable law), the obligation of confidentiality shall continue during the entire term of this Agreement and shall survive the termination of this Agreement indefinitely. MMC's obligation of confidentiality with respect to any confidential taxpayer data shall continue in accordance with applicable federal, state and local regulations. Notwithstanding the foregoing, all documents and information provided hereunder shall be subject to the applicable provisions of the Texas Freedom of Information Act and may be disclosed by the CITY as required thereunder. TERM AND TERMINATION · 1 Term. This Agreement shall be effective as of the date of the last signature hereto and shall continue in full force and effect for a period of three (3) years. Thereafter, this Agreement shall continue until terminated in accordance with this Section. At any time and for any reason or no reason, either party may terminate this Agreement effective on no less than sixty (60) days' notice. Termination of this Agreement shall be governed by the provisions of Section 5.3 below. .2 Event of Default. Any of the following shall constitute an event of default ("Event of Default") under this Agreement: (a) CITY fails to pay any amount when due hereunder (after ten (la) days prior written notice of such failure to pay), or (b) a material breach by either party of this Agreement. If an Event of Default occurs, the non-breaching party shall notify the breaching party of the Event of Default and provide the breaching party thirty (30) days to cure (except in the case of non-payment for which the cure period shall be ten (la) days) or such amount of time as is reasonable given the circumstances. If the breaching party fails to effect cure within the time allowed, then the non-breaching party may, at its option, terminate this Agreement effective immediately upon notice. .3 Effect of Termination. Notwithstanding non-renewal or termination of this Agreement, CITY shall be obligated to pay MMC for services performed through the effective date of termination for which MMC has not been previously paid. In addition, because the services performed by MMC prior to termination may result in CITY's receipt of revenue after termination which are subject to MMC's fee in accordance with this Agreement, CITY shall remain obligated after termination to provide to MMC such information as is necessary for MMC to calculate the compensation due as a result of this receipt of revenue by CITY and CITY shall remain obligated to pay MMC's invoices therefore in accordance with the terms of this Agreement. 6. EQUAL EMPLOYMENT OPPORTUNITY During performance of this Agreement, MMC, for itself, its assignees and successors in interest, agrees as follows: · 1 Compliance With Regulations: MMC shall comply with Executive Order 11246, "Equal Employment Opportunity" and labor regulations (41 C.F.R. Part 60), hereinafter referred to as the "Regulations." 7o .2 Nondiscrimination: MMC, with regard to any work performed pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, or veteran status in the selection and retention of employees, subcontractors, the procurements of materials or leases of equipment. .3 Solicitation for Subcontractor~ Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by MMC for work to be performed under any subcontract, including procurements of materials or equipment, such potential subcontractor or supplier shall be notified by MMC of MMC's obligation under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, or veteran status. .4 Information and Reports: MMC shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by CITY to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of MMC is in the exclusive possession of another who fails or refuses to furnish this information, MMC shall so certify to CITY and shall set forth what efforts it has made to obtain the information. .5 Incorporation of Provisions: MMC shall include the provisions of paragraphs 6.1 through 6.4 in every subcontract issued pursuant to this Agreement. MMC shall take such action with respect to any Regulations, order or instructions issued pursuant thereto. MMC shall take such action with respect to any subcontract or procurement as CITY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event MMC becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, MMC may request CITY to enter such litigation to protect the interests of CITY. WARRANTIES, REPRESENTATIONS AND INDEMNIFICATION 1 By MMC. MMC represents that all Services shall be performed by persons with the skills and abilities necessary and consistent with the standards of professionalism prevalent in the industry. The Services and deliverables shall be provided free and clear of the proprietary claims of third parties. All Services shall be provided in accordance with applicable state and federal regulations, including, without limitation, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and applicable state regulations. THIS REPRESENTS THE FULL AND COMPLETE WARRANTY STATEMENT OF MMC HEREUNDER. 2 By CITY. CITY represents that the information provided to MMC in the performance of Services by MMC hereunder shall be provided free and clear of the claims of third parties. CITY represents that CITY has the right to provide said information to MMC and that said information shall not be obscene, defamatory, or otherwise expose MMC to liability to third parties. CITY represents that it shall use reasonable and diligent efforts in the collection of moneys identified by MMC. CITY represents that in the event CITY elects not to proceed with diligent efforts in collection, that CITY shall remain liable to MMC in accordance with Exhibit A as if CITY had proceeded with diligent efforts in collection. 3 Indemnification. MMC agrees to defend, indemnify, and hold harmless the CITY, its directors, officers, employees and affiliates, from any and all claims, suits, demands, losses, damages, liabilities, costs and expenses, including reasonable attorney's fees (collectively "Losses") arising from or related to a claim of injury to person or property or death arising from or caused by the acts or omissions of employees, agents, or representatives of MMC. MMC shall defend, indemnify, and hold CITY harmless from any claim that MMC negligently or intentionally falsified any information provided to CITY pursuant to this Agreement. 4 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MMC, ITS EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE SERVICES WHETHER FOR, AMONG OTHER THINGS, BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM, AND WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT PRODUCT LIABILITY) WHETHER OR NOT MMC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. MMC'S LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY CITY FOR THE AFFECTED SERVICE TO WHICH THE CLAIM PERTAINS· The foregoing sets forth CITY's exclusive remedy for claims arising from or out of this Agreement. The provisions of this section allocate the risks between MMC and CITY and MMC's pricing reflects the allocation of risk and limitation of liability specified herein. ge GENERAL PROVISIONS · 1 Personnel. At any time, CITY may request removal or replacement of personnel assigned by MMC and MMC shall promptly replace such personnel. The time for any deliverables required or any increase in costs shall be adjusted to reflect any adverse impact resulting from the change in personnel. .2 Gratuities, Gifts, Conflict of Interest. MMC shall, at all times, comply with any CITY policies regarding gifts, gratuities, or conflicts of interest. At no time shall MMC, an employee, agent, director, or contractor offer or accept any gift or gratuity from a third party who may be subject to findings resulting from Services, to or from any CITY official, employee, contractor, or agent, or from any other party where such gift or gratuity could be construed as a conflict of interest. MMC, its officers, directors, employees, agents, and contractors shall avoid all conflicts of interest, financial or otherwise, or the appearance thereof, in the performance of this Agreement or the applicable Services. .3 Dispute Resolution. Any dispute relating to this Agreement shah be submitted for binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association and judgment on any award entered thereto may be entered in any court of competent jurisdiction. The arbitrator's decision shall be final and binding on the parties. Such arbitration shall be held in the State of California. In all cases, the prevailing party to such dispute shall be entitled to recover costs and expenses, including reasonable attorney's fees, as the arbitrator deems appropriate. .4 Ownership of Work Product. MMC shall retain all right, title, and interest in and to the processes, procedures, models, inventions, software, ideas, know-how, and any and all other patentable or copyrightable material used, developed, or reduced to practice in the performance of this Agreement. Upon payment therefore, CITY shall be granted all right, tire, and interest in and to the reports, charts, graphs, and other deliverables produced by MMC in the performance of this Agreement. .5 Assignment. Neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any assignment without such prior written consent shall be void. Notwithstanding the foregoing, the Parties hereto may assign all or part of this Agreement immediately, without the prior written consent of the non-assigning Party (a) to any successor in interest to the assigning Party who expressly assumes responsibility for the assigning Party's obligations hereunder; or (b) if necessary to satisfy the roles, regulations and/or orders of any federal or state governmental agency or body. Any violation of the provisions of this Section shall render this Agreement voidable at the option of the non-assigning Party. .6 Insurance. a. Public Liability. During the term of this Agreement, MMC shall maintain in full force and effect a policy of public liability insurance with minimum coverages in accordance with the requirements provided by CITY to MMC. MMC shall cause CITY, its officials and employees to be named on all liability policies described above as insured as respects activities undertaken pursuant to the parties' respective obligations pursuant to this Agreement. b. Worker's Compensation. During the term of this Agreement, MMC shall fully comply with the terms of the law of Texas concerning worker's compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability MMC may have for worker's compensation. .7 Severability. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shah be construed as nearly as possible to reflect the original intent of the parties and the remainder of the provisions shah remain in full force and effect. .8 Waiver. Either Party's failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other of its rights hereunder at any later date or time. .9 Force Majeure. Neither party shall be liable for failing to perform its obligations hereunder (other than payment obligations) where delayed or hindered by war, riots, embargoes, strikes or acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its reasonable control. .10 Notices. All notices, including notices of address changes, provided hereunder shall be deemed received on the third day after mailing if sent by marl, or immediately if sent by facsimile. Notices shall be sent to the following: If to MMC: MBIA MuniServices Company 7335 N. Palm Bluffs Avenue Fresno, CA 93711 Attn: Corporate Counsel If to CITY: Attn: .11 Copies. This Agreement may be executed in separate counterparts including facsimile copies, each of which shall be deemed an original, and all of which shall be deemed one and the same instrument and legally binding upon the parties. .12 Entire Agreement. This Agreement, including the Exhibits attached hereto and made part hereof, constitutes the entire agreement between MMC and CITY with respect to the Services provided. This Agreement supercedes and replaces any and all prior agreements, of whatever kind or nature, with respect to the Services provided hereunder. Any prior agreements, discussions, or representations not expressly set forth herein are of no force or effect. .13 No Oral Modification. No modification of this Agreement shall be effective unless set forth in writing and executed with the same formality as this Agreement. No waiver of the requirements of this Section shall be effective unless in writing and signed by the CEO for MMC. .14 Construction. This Agreement shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws principals. .15 Headings. The section headings hereto are for convenience and reference purposes only and shall not serve as a basis for construction or interpretation. · 16 Order of Precedence. In the event of any conflict between the terms of this Agreement and the terms of Exhibit A, the terms of this Agreement shall prevail. No additional terms, PO Terms and Conditions, or oral or written representations of any kind shall be of any force and effect unless in writing and executed with the same formality as this Agreement. .17 Partial Payment· No receipt by MMC of an amount less than CITY's full amount due will be deemed to be other than payment "on account", nor will any endorsement or statement on any check or any accompanying letter effect or evidence an accord and satisfaction· MMC may accept such check or partial payment without prejudice to MMC's right to recover the balance or pursue REMAINDER OF PA GE INTENTIONALLY LEFT BLANK EXECUTED as of the day and year first above stated. MBIA MuniServices Company/MMC By: Title: Date: Marc Herman President By: Title: Date: Kevin Cerutti Chief Financial Officer CITY OF UNIVERSITY PARK By: Title: Date: ATTEST: CITY SECRETARY APPROVED AS TO FORM: APPROVED AS TO FORM: Neil Ackerman, Corporate Counsel CITY ATTORNEY EXHIBIT A ECONOMIC FORECASTING INCLUDING REVIEW OF SALES AND USE TAX REVENUE MBIA MuniServices Company (MMC) agrees to provide to the City services to assist the City with economic forecasting through review of the City's sales and use tax revenue and to preserve and enhance its sales and use tax revenues by providing the various consulting services set forth as follows: 1. OBJECTIVES MMC's economic forecasting service is designed to assist City with economic forecasting and in preserving and enhancing its sales and use tax revenues. MMC's service results in the detection, documentation and correction of errors/omissions causing deficiencies and thereby produces new, previously unrealized revenue for City while giving the City a more accurate sales tax base upon which to forecast its revenue. This is derived from MMC's detecting and documenting taxpayer errors that cause the City to be deprived of revenue to which it is entitled. 2. PROCEDURES In providing the Economic Forecasting Service MMC shall: Meet with City's designated staff to review service objectives, scope, procedures, coordination of effort, work plan schedule, public relations, and logistical matters · Establish an appropriate liaison with the City's coordinator and define logical checkpoints for reviewing progress · Review the City's sales and use tax ordinances for included provisions, coverage, and classification definitions · Provide and maintain compliance with the City's sales and use taxes by: ° Detecting and validating qualifying business activities within the City from which the City is not receiving revenue. ° Determining whether the business is: > Unregistered forthe sales and use tax > Remitting taxes due the City to the state with distribution to another jurisdiction ° Notifying businesses > For unregistered businesses, provide required registration materials and assist them in the registration process. Assist the business, as required, in filing of returns and making payments for all open tax periods. For businesses reporting the tax to another jurisdiction incorrectly, provide documentation to the business to facilitate a correction of the registration information. Assist the business, as necessary, in filing of returns and making payments for all open tax periods. Provide documentation to the state to secure the transfer of funds to the City that was reported in error to another jurisdiction. City staff responsibilities: · Issue necessary documentation to the state to correct errors validated by MMC · Notify MMC within 10 days following receipt by the City of payments (cash payments, installment payments, or other compensation directly benefiting the City). 3. PROGRESS REPORTS To assist in evaluating MMC's performance under this Agreement, MMC will provide periodic progress reports to City in the form of status updates. These progress reports will also indicate areas in which City staff may further assist and improve the economic forecasting activities provided hereunder. MMC's progress reports will identify errors/omissions detected, documented and corrected and report on other services of benefit to City for the time period covered. 4. CITY RESPONSIBILITIES To facilitate and maximize the effectiveness of the above economic forecasting activities, City shall diligently assist MMC by providing necessary information and assistance to include, but not be limited to, the following: · Provide MMC, on a timely basis, with information necessary to conduct its compliance review activities including but not limited to: monthly tax payment histories. · Provide a letter of authorization identifying MMC as an authorized agent of City to perform sales and use tax reviews and to receive and examine taxpayer records (hard copy and electronic) necessary to assure sales and use tax compliance and revenue forecasts. · Pursue in good faith corrective action on errors and omissions detected by MMC. It is agreed and understood that City and/or the State Comptroller shall retain exclusive authority and responsibility to administer, interpret and enforce the City's sales and use tax, recognizing that MMC's role is limited to employing its unique expertise and proprietary tools for: i) detecting and documenting errors/omissions by taxpayers in the application, calculation, collection, and/or remittance of sales and use taxes and, ii) providing City with technical assistance, without assuming or being delegated the authority or responsibility of City to administer, interpret, and enforce its sales and use taxes. 5. COROLLARY CONSULTING Upon mutual agreement between MMC and the CITY as to the scope of services to be provided, MMC shall provide to CITY such additional consulting services as CITY may request. Consulting services otherwise included in this Addendum will not be subject to MMC's fees for Corollary Consulting as set forth below. 6. COMPENSATION MMC's fee for providing this service is a 35% contingency fee based on the revenue received by the City as a result of MMC detecting and documenting taxpayer reporting errors which are subsequently corrected. The 35% applies to all revenues corrected for the City for any periods prior to the date of the corrected allocation. The 35% fee also applies to revenues received for the first twelve consecutive reporting quarters following correction of the errors and confirmation of receipt of revenue by the City. City agrees to notify MMC within 10 days following receipt by the City of payments (cash payments, installment payments, or other compensation directly benefiting the City) resulting from MMC's service. Upon being notified of receipt of payment(s), MMC will then invoice the City. Earned compensation is due and payable upon receipt of invoices. All expenses incurred by MMC in providing the revenue enhancement services are the sole and exclusive responsibility of MMC, except those expenses that receive prior written approval of City. Corollary Consultinq For any agreed scope of services to be performed by MMC for CITY as Corollary Consulting as provided for herein, MMC shall be compensated on a Time and Materials basis. MMC's standard hourly rates are as follows: Principal - $175/hour Director - $150/hour Manager - $125/hour Senior Analyst - $100/hour Analyst- $75/hour Administrative Support- $50/hour AGENDA MEMO 04/05/05 March 29, 2005 TO: Honorable Mayor and City Council FROM: David Ledbetter, Fire Chief Adoption of Incident Command System The Homeland Security Presidential Directive (HSPD)-5 requires all federal departments and agencies to adopt the Incident Command System/National Incident Management System (ICS/NIMS) and as a condition for federal preparedness assistance, beginning in Fiscal Year 2005, state and local government organizations are mandated by HSPD-5 to adopt ICS/NIMS as the model for incident management in times of disaster. The ICS/NIMS will provide a consistent nationwide template for all agencies to work together to prevent, prepare for, respond to and recover from all hazards. By adopting the ICS/NIMS the City Ordinance will direct all department heads and supervisors to train, exercise and use the ICS/NIMS in all response operations. It will also direct at the operational level that department heads, incident managers and emergency response personnel will: 1. Integrate ICS/NIMS into functional and system-wide emergency operation policies, plans and procedures; 2. Train the responders, supervisors and command level officers in ICS/NIMS; 3. Conduct exercises with responders at all levels from multi-disciplines and jurisdictions utilizing ICS/NIMS. RECOMMENDATION: Staff recommends that the City Council adopt the Incident Command System and the National Incident Management System by amending Ordinance 1.806 as the operational model to manage disasters in the City of University Park. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDA MEMO Adopting ICS NIMS.doc 4:33 PM 03/29/05 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 1, "GENERAL PROVISIONS" SECTION 1.805 "EMERGENCY FUNCTIONS AND RESPONSIBILITIES" TO PROVIDE FOR APPOINTMENT OF AN EMERGENCY PREPAREDNESS COORDINATOR AND SECTION 1.806 "OPERATIONAL EMERGENCY MANAGEMENT ORGANIZATION" TO ADOPT THE INCIDENT COMMAND SYSTEM OF HOMELAND SECURITY PRESIDENTIAL DIRECTIVE $ (HPSD-$); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 1 "General Provisions", Article 1.800, Section 1.805 "Emergency Functions and Responsibilities" of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding subsection (1) (G) to read as follows: (G) Appointing the Emergency Preparedness Coordinator, who shall be the Fire Chief unless otherwise designated." SECTION 2. That Chapter 1 "General Provisions", Article 1.800, Section 1.806 "Operational Emergency Management Organization" of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a paragraph to read as follows: "The City of University Park shall adopt and institutionalize the use of the Incident Command System/National Incident Management System (ICS/NIMS) as directed by the Homeland Security Presidential Directive-5 (HPSD-5). The City of University Park will employ the ICS/NIMS in order to maintain command and control, organization and assignment responsibilities. The ICS/NIMS will provide a consistent nationwide template for all Cky departments and command level personnel to work with federal, state, and other local jurisdictions to prevent, prepare for, respond to and recover from all domestic incidents regardless of cause, size or complexity. The ICS/NIMS directs all Cky departments to integrate the ICS/NIMS into functional and system wide emergency operations policies, plans, and procedures; train responders, supervisors and command level officers in ICS/NIMS; and conduct exercises with responders at all levels from multi- disciplines and jurisdictions." SECTION 2. All provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed. 72670 SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of April 2005. APPROVED: JAMES H. HOLMES HI, MAYOR ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY (RLD/73151 ;3/30/05 AGENDA MEMO 04/05/05 March 29, 2005 TO: Honorable Mayor and City Council FROM: David Ledbetter, Fire Chief Amendment to Ordinance 1.805 (1) (G) ! am requesting the Code of Ordinance Section 1.805 (1) (G) be amended changing the responsibility from the position of chief of police and fire, which no longer exists to fire chief. Section 1.805 (1) (G), should be amended to read as follows: (G) Appointing the emergency preparedness coordinator, who shall be the fire chief unless otherwise designated. RECOMMENDATION: Staff recommends this section of the ordinance be amended. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDA MEMO amending Section 1 805.doc 4:33 PM 03/29/05 AGENDA MEMO (4/5/05 AGENDA) DATE: TO: FROM: SUBJECT: March 30, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works Abandonment of Excess Street Right-of-Way adjacent to 4400 Potomac ITEM: The owner of property at 4400 Potomac, Mr. R. Scot Smith, has requested Council consideration of abandoning excess street ROW. Mr. Smith requests the abandonment of an 8 foot strip of parkway along his Armstrong property line. If Council directs staff to proceed with this abandonment, staff will determine a "Fair Market Value" (FMV) of the property and develop an enabling abandonment ordinance for future Council consideration. RECOMMENDATION: ATTACHMENTS: Letter from Mr. R. Scot Smith Survey of 4400 Potomac 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDAMEMO.doc 4:28 PM 03/30J Bud Smallwood City Hall 3800 University Blvd. University Park, TX 75205 March 20, 2005 Dear Mr. Smallwood, My wife and I currently own the 4400 Potomac lot in University Park. Due to the irregular shape of the lot, we are requesting that the City of University Park abandon the 8 foot strip of excess right-of-way, adjacent to the east side of our property. The strip of land is between our property and the sidewalk, parallel to Armstrong. As per our discussion, please include this as an agenda item during your next meeting, Tuesday April 5, 2005. A copy of the survey is included for your convenience. We appreciate your consideration. Please contact me with any questions at 972-385-2561. Sincerely, R. Scot Smith $~JRVEY PLAT Th~s '~ to certify that under my super',islon, o careful survey was made on lhe ground of property located at 4400 Potomac Avenue ,n the city of .... University Park Te~a,, described o~ fo~o-s ~ 7 ............................. ~lock No. . City Block Lo~No University Park o, ..... ~_~..S~'IO_~j_ ~ LI~A ...................... ADDITION , o. odditio, to ,he Ci,~ of Dallas County NOTK: According to the August 23, 2(}01 10(> year Flood Insurance Rate Map of Dallas County Texas, this lot is not Jn a Flood Plain Are~. ZON[ X PANEL J 68113C335~. ,y/o,-y ,o Lo/ 3-~ 8 AGENDA MEMO (04/05/05 AGENDA) DATE: TO: FROM: SUBJECT: March 30, 2005 Honorable Mayor and City Council Christine Green, Purchasing Agent Bid No. 05-10, Street Light Standards with Illuminated Street Signs Bid #05-10 for the purchase of Street Light Standards with Illuminated Street Signs was opened on March 17th. This bid was posted on RFP Depot: 441 vendors received e-mail or fax notice about the bid; 26 vendors viewed the bid. One vendor submitted a bid. Dal-Lite submitted the only bid of $2,455 per unit ($1,175 for the standard, $1,280 for two illuminated signs on the standard). The bid total for the 32 units requested is $78,560.00. These light standards/street signs will be installed on the newly reconstructed portion of Lovers Lane. Bid competition was limited by the necessity to match existing street light standards (manufactured by Antique Street Lamps) and the requirement that one vendor provide both the standard and the street signs. RECOMMENDATION: Staff recommends accepting the bid of Dal-Lite in the amount of $78,560.00. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31\0510memo.doc 4:13 PM 03/30J MINUTES #2506 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, MARCH 16, 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. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Shawver seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER AMENDMENT OF MASTER FEE SCHEDULE AND CITY CODE: Adopting the proposed $10 hourly reservation fee for playing field reservations will require adding language to the City's Master Fee Schedule by resolution and of the City Code by ordinance. The Master Fee Schedule currently requires residents who reserve fields to purchase a $10 permit for 90 days. This language will be replaced with "Playing fields may be reserved by University Park sports teams (non-YMCA) for $10.00 per hour. Reservations must be made through the Park Department office." The City Code provides the authority to charge for reservations. ORDINANCE NO. 05/08 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 13.502 "PLAYING FIELD RESERVATIONS" OF THE CODE OF ORDINANCES TO AUTHORIZE PLAYING FIELD RESERVATIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PURCHASE OF 12 SELF-CONTAINED BREATHING APPARATUS: The self-contained breathing apparatus (SCBA) are manufactured by Scott Health and Safety. They will upgrade the SCBA currently used by firefighters in structure fires and contaminated atmosphere and will be certified to enter into atmospheres contaminated by chemical, biological, radiological and nuclear agents. They also include a radio frequency controlled accountability system that firefighters will use at emergency scenes allowing the Incident Commander to monitor critical low air pressure readings of the user, which is a major safety factor allowing the Incident Commander to deploy fresh teams of firefighters into hazardous areas to relieve firefighters who have low air pressure readings. They will be purchased through a cooperative purchasing agreement with the City of Plano and will cost $48,158. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For March 1, 2005. MAIN AGENDA CONSIDER RESPONSIBILITY OF SIDEWALK REPAIR AND REPLACEMENT: The City Council received a citizen request to transfer the responsibility of sidewalk maintenance replacement from the abutting property owner to the City. This request was referred to the Public Works Advisory Committee (PWAC) for a recommendation. During the January 4, 2005 City Council Meeting, staff presented Council with PWAC's recommendation, which was that the City continue the requirements that abutting property owners repair and replace sidewalks. At the March 16, 2005 City Council Meeting, Council requested that an ordinance with specific instructions be brought back to a future Council meeting. CONSIDER APPROVAL OF CONTRACT FOR INTERIOR DESIGN SERVICES FOR CITY HALL: City Council agreed that Interior Designer Onesia Rigney should be contracted by the City and that an agreement to be signed by Ms. Rigney and City Manager Bob Livingston be prepared. CONSIDER RECOMMENDATION OF ZONING ORDINANCE ADVISORY COMMITTEE (ZOAC) REGARDING MASONRY REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION: The City does not currently address the amount of masonry on the exterior of residential structures. Pursuant to a complaint, the Council requested ZOAC review the issue and make a recommendation. ZOAC voted unanimously to recommend the Council not change the Code of Ordinances to require a minimum amount of masonry on residential structures. The Council agreed with ZOAC. REVIEW ANNUAL REPORT BY UNIVERSITY PARK POLICE DEPARTMENT, COLLECTION OF DATA ON TRAFFIC STOPS: Senate Bill 1074 of the 77th Texas Legislature mandates that all law enforcement agencies in the State of Texas submit an annual report to the respective governing bodies prior to March 1st of each year relating to the collection of data on traffic stops. The report was submitted at the March 1st City Council Meeting for review. This report was discussed at the meeting today. Chief of Police Gary Adams made a presentation consisting of the final analysis of the data collected by the Police Department. REVIEW 1sT QUARTER STRATEGIC GOALS: On December 14, 2004, the City Council adopted six (6) strategic goals and objectives. Upon adoption of the goals, a responsibility chart was created to track the progress of those goals. The first update for 2005 was presented at this meeting. One of the goals was to develop a Master Plan for Snider Plaza and the Miracle Mile. A contract was approved at the February 1, 2005 meeting with a consultant to develop a plan for Snider Plaza. An updated version of this chart will be presented again at the June 22, 2005 meeting. DISCUSS INITIATION OF CITIZEN OF THE MONTH AWARD: Another of the strategic goals adopted by the City was "Sense of Community", and one of the key objectives was to develop a plan to recognize model citizens in our community. The City Council decided to present the award once a year, and the Citizen of the Year Award will be announced and a presentation made at the 4th of July Picnic. DISCUSS ALTERNATIVE TO SPEED UP COMPLETION OF LOVERS LANE PROJECT: A meeting was held with the officials of University Park Elementary School to discuss starting the work on Lovers Lane between Thackery and Dickens earlier than planned. A meeting will also be held with the Campus Leadership Committee (CLC) the week of March 21, 2005. The City will provide access to the school, alternate parking is being proposed and the work on Lovers Lane will be coordinated with school events. The City Council agreed that the work on Lovers Lane should start earlier, if the school is satisfied. PASSED AND APPROVED this 5th day of April 2005. ATTEST: James H. Holmes III, Mayor Nina Wilson, City Secretary AGENDA MEMO (4/5/05 AGENDA) DATE: TO: FROM: SUBJECT: March 30, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works University Park Methodist Church Rezoning Request ITEM: The University Park Methodist Church (UPMC) submitted a rezoning request for properties on the south side of the 4000 block of Colgate from SF-2 to the existing PD-20. The purpose of the request is to allow for a church expansion containing classrooms, offices, a multi-purpose gym, new parsonages, and on-site parking. The Planning & Zoning Commission approved (4- 1) the rezoning request and conceptual site plan on January 17, 2005. Through March 29th, correspondences received by the city regarding those that favor or oppose the proposed church expansion indicate 481 in favor and 103 in opposition. These figures are from residents living throughout the Dallas Fort Work metroplex; however, the attached map illustrates which properties surrounding the church are in favor and those in opposition. Residents living near the church expressed concern that traffic congestion would worsen as a result of the expansion. In response to this concern, UPMC hired a traffic consultant to study the proposed expansion's impact on parking and traffic flow throughout the area. The consultant, DeShazo, Tang, and Associates, concluded that the expansion would not negatively affect parking and traffic throughout the area. Staff has reviewed the traffic study and concurs with its conclusions. Staff has also been in contact with UPMC regarding the abandonment of alley ROW for the expansion. The conceptual design submitted by UPMC would require the church to purchase the alley ROW along the entire block of Colgate. In November, 2002 the Council approved a planned development for the Park Cities Baptist Church (PCBC). However, approval of the planned development was contingent upon the church agreeing to certain conditions. Given the similarity of the expansions, staff recommends applying similar conditions to the UPMC expansion. Attached are the conditions placed upon PCBC. RECOMMENDATION: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31 \UPMC Agenda Memo 4 5 05.doc 3:14 PM 03/30J The application submitted by UPMC has met all requirements for a rezoning request, and staff recommends approval. ATTACHMENTS: Map representing properties in favor and in opposition to UPMC expansion. List of conditions required for Park Cities Baptist Church planned development approval. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \UPMC Agenda Memo 4 5 05.doc 3:14 PM 03/30J 8. 9. 10. 11 12. 13 14. 15 16. PCBC Planned Development Conditions A requirement for the installation of a left turn lane on Northwest Highway at Church Street to allow stacking room for trucks. Construction deliveries and traffic required to enter from Northwest Highway to the site and out, rather than through the adjacent residential neighborhood. The use of bus transit for construction employees to an off-site location. Require approved fire sprinklers in all new and remodeled buildings during construction. Church required to pay the City the fair market value and all costs related to abandonment of ROW along Northwest Parkway. During construction, a solid fence or wood or other material at least 8 feet high must be constructed along all sides of the construction area. Garage entrances closed and secure from entry by vehicles and pedestrians. PCBC required to pay the cost of a comprehensive traffic study. All activities held on campus must be those of PCBC. All activities using buses or other large vehicles must require the vehicles to be stationed on the Northwest Highway side of the property and not on Pickwick, Tulane, or Villanova sides of the property. Church required to provide and pay for adequate security and traffic control around the campus for all activities. No explosives permitted during construction. During construction, Church required to provide a liaison to respond to questions and complaints from citizens. Various provisions designed to provide open space for the adjacent neighborhood, reduce visual impact of the buildings, and to preserve the light and circulation of air. Cumulative footprint of all buildings on campus must may not exceed 32% of the complete church area. Planned Development can expire if construction permits not issued by specific dates. 1 AGENDA MEMO (4/5/05 AGENDA) DATE: TO: FROM: SUBJECT: March 31, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works Drought Contingency Plan Draft Review ITEM: On January 4, 2005 Council approved a Letter of Agreement between the Town of Highland Park and the Dallas County Park Cities Municipal Utility District for the development of a Drought Contingency Plan and Water Conservation Plan. Alan Plummer & Ass. has completed a draft of the Drought Contingency Plan for review. All approved Drought Contingency and Water Conservation Plans must be submitted to the Texas Commission on Environmental Quality by May 1, 2005. State statutes require cities to provide the public an opportunity to review the plan and provide feedback. Staff plans to present highlights of the draft plan to provide the public with an overview of the plan. In addition, a public hearing is scheduled for April 20, 2005 to allow interested citizens a chance to provide feedback for the plan. The revised Drought Contingency Plan incorporates many of the same practices and procedures currently in place under the existing plan. However, one significant change in the revised plan is the incorporation of water reduction goals during drought conditions. For example, during a Stage ! drought condition, the revised plan calls for a voluntary reduction in water consumption by 2 percent (2%) of the use that would have occurred in the absence of drought conditions. During a Stage IV drought condition (the most severe drought condition), the revised plan calls for a mandatory reduction in water consumption by 25 percent (25%) of the use that would have occurred in the absence of drought conditions. During Stage IH and Stage IV drought conditions, the revised plan calls for a rate surcharge of 30 percent (30%) and 60 percent (60%) respectively for all water use over 12,000 gallons per month. RECOMMENDATION: ATTACHMENTS: Draft Drought Contingency Plan 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31\Drought Contingency Plan Overview Agenda Memo.doc 9:35 AM 03/31/05 CITY FY PARK ICY PLAN ADOPTED: APRIL __., 2005 TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES ................................................................................ 2 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ............................... 3 3. DROUGHT CONTINGENCY PLAN .................................................................................... 4 3.1 3.2 3.3 3.4. 3.5 3.6 3.7 3.8 3.9 3.10 Provisions to Inform the Public and Opportunity for Public Input .................................4 Provisions for Continuing Public Education and Information ........................................ 4 Application ...................................................................................................................... 4 Definitions ....................................................................................................................... 5 Initiations and Termination of Drought Response Stages and Emergencies .................. 6 Drought and Emergency Response Stages ....................................... Procedures for Granting Variances to the Plan ................................ Procedures for Enforcing Mandatory Water Use Restrictions Coordination with the Regional Water Planning Review and Update of Drought Contingency ............. 15 ............. 15 ............... 16 ............... 16 APPENDIX A APPENDIX B ity Rules on ~s Commission on Environmental rought Contingency Plan City of University Paxk Drought Contingency Plan 1 3/31/05 Drought Contingency Plan for The City of University Park April 2005 1. INTRODUCTION AND OBJECTIVES In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of University P (the City) hereby adopts the following regulations and restrictions on the delivery of water through an ordinance. Water uses regulated or prohibited under this Drou, considered to be non-essential and continuation of such u other emergency water supply conditions subjects the offender(s) to penalties as defined stitute a (the Plan) are ~ter shortage or of water which City of University Paxk Drought Contingency Plan 2 3/31/05 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) RULES The TCEQ rules governing development of drought contingency plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code (effective October 7, 2004), which is included in Appendix B. TCEQ defines a drought contingency plan as a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. Minimum Requirements TCEQ's minimum requirements for drought contingency plans are addressed in the following subsections of this report: TCEQ Rule Location in Plan 288.20(a)(1)(A) 288.20(a)(1)(B) 288.20(a)(1)(C) 288.20(a)( ~n Section 3.1. the Public for Plannil 'Criteria Public the Regional and 288 288 288 Section 3.6. 'ermination of Drought Stages". ht and Emergency )onse Stages" Quantified Targets for Water Use Reductions During Periods of Water Shortage and Drought. Water Supply and Demand Management Measures for Each Stage 288 Section3.5. "Procedures for Initiation and Termination of Drought Stages" 288.20(a)(1)(I) Section 3.7. "Procedures for Granting Variances" 288.20(a)(1)(J) Section 3.6. "Procedures for Enforcement of Mandatory Restrictions" 288.20(a)(3) Section3.6. "Consultation with Wholesale Supplier" 288.20(b) Section 3.6. "Notification of Implementation of Mandatory Measures" 288.20(c) Section 3.10. "Review and Update of Plan" City of University Paxk Drought Contingency Plan 3 3/31/05 3. DROUGHTCONTINGENCYPLAN 3.1 Provisions to Inform the Public and Opportunity for Public Input The City defined earlier will provide opportunity for public input in the development of the Drought Contingency Plan (the Plan) by the following means: Provide written notice of the proposed Plan and the opportunity to comment on the Plan by newspaper, posted notice, and notice on the City's web site. · Make the draft Plan available on the City' s web site. · Provide the draft Plan to anyone requesting a copy. · Hold a public meeting. 3.2 Provisions for Continuing Public Educati{ The City will provide continuing public educ Plan, initiation or termination the public by the followin Contingency ons required by available at City Hall and other City' s web site. )ols, and civic groups that staffs are available to e Drought Contingency Plan (usually in conjunction with conservation programs). water customers through billing inserts. At any time that the Drought Contingency Plan is activated or the drought stage changes, the City will notify local media of the issues, the drought or emergency response stage, and the specific actions required of the public. The information will also be publicized on the City's web site. 3.3 Application The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. City of University Park Drought Contingency Plan 4 3/31/05 3.4. Definitions For the purposes of this Plan, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflection pools, and water gardens. Commercial and institutional water use: water use which is integral to operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of or increase the recycling and reuse of water so that a supply is conserved and made avl future or alternative uses. Customer: any person, company, or organization using Park. of University Domestic water use: water use for personal n, drinking, bathing, heating, cookin institution. ~oses such as ess, industry, or Even number ad, without ad~ in 0, 2, 4, 8 and locations Industrial into forms convert materials of lower value whether courses, irrigation and maintenance of landscaped areas, ncluding residential and commercial lawns, gardens, golf and medians. public, r use: water uses that are not essential nor required for the protection of safety, and welfare, including: Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle. Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas. City of University Pm'k Drought Contingency Plan 5 3/31/05 Odd number Use of water to wash down buildings or structures for purposes other than immediate fire protection. Flushing gutters or permitting water to run or accumulate in any gutter or street. Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools. Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life. Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and Use of water from hydrants for construction purposes or )oses other than fire fighting. address: street addresses or box numbers 5, 3.5 Initiations and ncies The Dallas County Park supply to the the City. drought res both the D or water es treated water water that will affect of the District that trigger a the actions to be followed by a drought response stage Initiation Ememencv At such City Mana measures a actions will itiates a specific drought response stage or water emergency, the icial designee, will order the implementation of the water use reduction with that specific drought stage as described in Section 3.6. The following taken when the District initiates a specific drought stage: The City will be notified of the drought stage or water emergency by telephone with a follow-up letter, email or fax. The City will initiate the appropriate drought response stage or water emergency and will notify the public through local media and the City's web site as described in Section 3.2. If any mandatory provisions of the Drought Contingency Plan are activated, the District and the City will notify the Executive Director of the TCEQ within 5 business days. A form letter for this notification is included as Appendix C. City of University Park Drought Contingency Plan 6 3/31/05 If the City initiates a drought response stage or water emergency independent of the District, the City Manager, or official designee, will order the implementation of the water use reduction measures associated with that specific drought response stage or water emergency as described in Section 3.6. The following actions will be taken when the City initiates a specific response drought stage or water emergency: The District will be notified of the drought response stage or water emergency by telephone with a follow-up letter, email or fax. The City will notify the public of the drought response stage or water emergency through local media and the City's web site as described in Section 3.2. If any mandatory provisions of the Drought Contingency Plan are City will notify the Executive Director of the TCEQ within form letter for this notification is included as Appendix C. The City Manager, or official designee, may of a drought response stage or water City's trigger criteria for the sta, decision include, but are not limil anticipation of facilities will documented. ,son for the ss days. A implementation or more of the nfluence such a conditions, the additional lecision shall be The Distri~ emergency actions will initiated drought response stage or water on are met or at their discretion. The following a drought or emergency stage: totified by telephone with a follow-up letter, e-mail, or fax. City selects to terminate the specific drought response stage or water emergency, the City will notify the public through local media and the City's web site as described in Section 3.2. If any mandatory provisions of the Drought Contingency Plan that have been activated are terminated, the District and the City will notify the Executive Director of the TCEQ within 5 business days. The City may order the termination of a City initiated drought response stage or water emergency when the conditions for termination are met or at its discretion. The following actions will be taken when the City terminates a drought or emergency stage: · The District will be notified by telephone with a follow-up letter, e-mail, or fax. City of University Pm'k Drought Contingency Plan 7 3/31/05 The City will notify the public through local media and the City's web site as described in Section 3.2. If any mandatory provisions of the Drought Contingency Plan that have been activated are terminated, the City will notify the Executive Director of the TCEQ within 5 business days. The City Manager, or official designee, may decide not to order the termination of a drought response stage or water emergency even though the conditions for termination of the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the drought stage. The reason for this decision shall be documented and by the City. 3.6 Drought and Emergency Response Stages Stage I - Water Shortage Initiation and Termination The City will initiate Stage occur~ y source(s) or delivery system becomes contaminated. City's water supply system is unable to deliver water due to the failure or damage of maj or water system components. The District has initiated Stage I. This may occur with one or more of the following: The water level in Grapevine Reservoir has fallen below elevation 527.0 msl (8 feet below the top of conservation storage), but remains above 525.0 feet msl. ~ Grapevine Reservoir becomes contaminated. City of University Paxk Drought Contingency Plan 8 3/31/05 The District's water supply system is unable to deliver water to the City due to the failure or damage of mai or water system components. © Any other condition that would cause the District to initiate Stage I. Stage I can terminate when the circumstances that caused the initiation of Stage I no longer prevail. Goal for Use Reduction and Actions Available under Stage I Stage I is intended to raise public awareness of potential drought problems. The City Manager, will implement all of the elements of Stage I listed below: · Reduction in water use for all municipal · Increase publi · to achieve water use at initiated action of Stage I. and repair. voluntary landscape irrigation schedules. Stage II - Shortage Watch Initiation and Termination Conditions for Stage II The City will initiate Stage II when one or more of the following occur: · The City's demand exceeds 95% of its delivery capacity for three consecutive days. · The City's demand for any portion of the delivery system equals the delivery capacity. · The City's supply source becomes contaminated. City of University Paxk Drought Contingency Plan 9 3/31/05 The City's water supply system is unable to deliver water due to the failure or damage of maj or water system components. The District has initiated Stage II. This may occur with one or more of the following: o The water level in Grapevine Reservoir has fallen below elevation 525.0 msl (10 feet below the top of conservation storage), but remains above 520.0 feet msl. ~ Grapevine Reservoir becomes contaminated. Any other condition that would cause the Di Stage II can terminate when Goal for Use Reduction an, The City :i, Il. Stag{~ longer prevail. elements of Stage II. Upon impl City will the TCEQ remain in effect during Stage II. designee, and publication of notice, the uirements on customers. The City must notify g measures are implemented: The City will be responsible for reducing the amount of water used for street cleaning, vehicle washing, aesthetic water use, landscape irrigation, routine fire hydrant flushing, and all other non-essential use. The washing of automobiles, trucks, trailers, boats, airplanes, and any other type of mobile equipment is prohibited; except that individuals may wash their private automobiles or boats if they use a bucket, pail or normal size receptacle. Service stations shall wash their customers' automobiles with a bucket, pail or receptacle not larger than five (5) gallons capacity. However, an individual or service station, after such washing, shall be permitted to rinse the car or boat off with a hose, using City of University Paxk Drought Contingency Plan l 0 3/31/05 only a reasonable amount of water. Commercial or automatic car wash establishments shall use minimum practical water settings. The permitting or maintaining of defective plumbing in a home, business establishment or any location where water is used on the premises is prohibited. The waste of any water by reason of defective plumbing as mentioned above, shall include the existence of out-of-control water closets, underground leaks, defective faucets and taps. The permitting of water to flow constantly through a tap, hydrant, valve, or any device connected to the City distribution system, shall be considered as a wasting of water. The use of fire hydrants for any purpose other than fire fighting is prohibited; except that the City Manager, or official designee, may permit the of metered fire hydrant water by the City or by commercial iet rodding equipment to clear and clean sanitary and storm ~e in street sweeping emergency situations only. Water used for aesthetic purposes is is reused or recirculated. The use of water to dri' parking lots, tennis courts, lding rs and interiors, trailers, and public ~rohibited. [anner prohibited in this condition shall Stage III Initiation The City · · arnmg Conditions for Stage III initiate Stage III when one or more of the following: ~ · ~ ~ g ~tiv The City's supply source becomes contaminated. The City's water supply system is unable to deliver water due to the failure or damage of maj or water system components. City of University Paxk Drought Contingency Plan ] ] 3/31/05 The District initiates Stage III. This may occur with one or more of the following: The water level in Grapevine reservoir has fallen below elevation 520.0 mst (15 feet below the top of conservation storage), but remains above 515.0 feet mst. ~ Grapevine reservoir has been contaminated. © Any other condition that would cause the Stage III can terminate when the prevail. Goals for Use Reduction and The City Upon impt City will the TCEQ e III no longer age III. in effect during Stage III. and publication of notice, the on customers. The City must notify measures are implemented: · [g or rinsing of all mobile equipment by hose. The use of make-up water for private single-family residential swimming pools, wading pools, Jacuzzi pools, hot tubs, and like or similar uses is prohibited. The exception is hot tubs or Jacuzzi pools used for health related problems. City of University Paxk Drought Contingency Plan 12 3/31/05 · The use of make-up water for municipality-owned swimming pools is prohibited. The use of make-up water for privately-owned neighborhood and subdivision swimming pools accessible to the public and swimming pools owned by country clubs, athletic clubs, health clubs, fraternal organizations, and other like or similar pools is prohibited. The use of make-up water for hotel, motel, condominium, apartment and other multi-family, residential user pools, including commercial and business pools, is prohibited. · Discontinue City government water use for lands cept as needed to prevent foundation damage. Stage IV Initiation The City · ,~ following occurs: The City's supply source becomes contaminated. The City's water supply system is unable to deliver water due to the failure or damage of maj or water system components. The District has initiated Stage IV. This may occur with one or more of the following: The water level in Lake Grapevine has fallen below elevation 515.0 msl (20 feet below the top of conservation storage). o Grapevine Reservoir becomes contaminated. City of University Paxk Drought Contingency Plan 13 3/31/05 Any other condition that would cause the District to initiate Stage IV. Stage IV can terminate when the circumstances that caused the initiation of Stage IV no longer prevail. Goals for Use Reduction and Actions Available under Stage IV The City Manager, or official designee, will implement all If circumstances Manager or official designee can set a goal or official designee must im II! shall remain in effect duri~ by istrict, the City ~e City Manager ements of Stage Upon City will the TCEQ e, and publ of notice, the The City must notify implemented. strategies. commercial, and industrial customers is prohibited. water use to commercial customers shall be in the amount as after consultation with The City Manager or their designee. The City Manager, or official designee, shall take those actions deem necessary to meet the conditions resulting from the emergency. City of University Paxk Drought Contingency Plan 14 3/31/05 3.7 Procedures for Granting Variances to the Plan The City Manager, or official designee may grant temporary variances for existing water uses otherwise prohibited under this drought contingency plan if one or more of the following conditions are met: Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the person requesting the variance. Compliance with this plan cannot be accomplished due to technical or other limitations. Alternative methods that achieve the same level of reduction ' implemented. use can be Variances shall be granted or denied at the discretion All petitions for variances should be in writing and should designee. nformation: Name and address of the petition Purpose of water Specific provi Detailed provision which relief is water use. 3.8 Pr~ Mandatory stages. follows: ng Mandatory Water Use Restrictions restrictions may be imposed in Stage II, Stage III and Stage IV drought water use restrictions will be enforced by warnings and penalties as On the first violation, customers will be given a written warning that they have violated the mandatory water use restriction. On the second and subsequent violations, citations may be issued to customers, with minimum and maximum fines established by ordinance. After two violations have occurred, the City may install a flow restrictor in the line to limit the amount of water that may pass through the meter in a 24-hour period. After three violations have occurred, the City may cut off water service to the customer. City of University Pm'k Drought Contingency Plan 1 5 3/31/05 Appendix D contains an ordinance to be adopted by the City Council adopting the Drought Contingency Plan and enforcement provisions. 3.9 Coordination with the Regional Water Planning Group The Chair of the Region C Water-Planning Group has been provided a copy of this Drought Contingency Plan. 3.10 Review and Update of Drought Contingency Plan As required by TCEQ rules, the City will review this drought contingency The plan will be updated as appropriate based on new or updated five years. City of University Paxk Drought Contingency Plan 16 3/31/05 City of University Paxk Drought Contingency Plan 17 3/31/05 APPENDIX A List of References (1) Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and Subchapter B, Rule 288.20, downloaded from: http://wvwv'.tnrcc.state.tx.us/oprd/rules/pdfiib/288b.pdf, October 7, 2004. (2) City of Highland Park, City of University Park, and Dallas County Park Cities Municipal Di stfi ct: Water Conservation and Drought Contingency Plan for the Dallas' County Park Cities Municipal Utility District, July 1991 (3) Freese and Nichols, Inc.: Model Contingency Plan for North Texas Municipal Member Cities and Customers, prepared for North Texas Muncipal Worth, August 2004 istrict, Fort (4) Texas Commission on Environmental Quality: for Retail Public Water Suppliers, September 2004. Planning City of University Paxk Drought Contingency Plan ] 8 3/31/05 TE~' QUALITY RULES PLANS City of University Paxk Drought Contingency Plan 0 3/31/05 Texas Commission on Environmental Quality Chapter 288 - Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements SUBCHAPTER B: DROUGHT CONTINGENCY PLANS §§288.20 - 288.22 Effective October 7, 2004 §288.20. Drought Contingency Plans for Municipal Uses by Public Water Suppliers. (a) A drought contingency plan for a retail public water supplier, where applic able, must include the following minimum elements. (1) Minimum requirements. Drought contingency minimum elements. following (A) Preparation of the plan public and affirmatively provide opportunity f~ limited to, having a public meeting at a time written notice to the public con( ~,ely inform the lude, but are not ~c and providing of education and informati, regional w. document coordination with the e retail public water supplier to ensure water plans. contingency plan must include a description of the the water supplier, and specific criteria for the initiation and stages, accompanied by an explanation of the rationale or basis for such tri (E) The drought contingency plan must include drought or emergency response stages providing for the implementation of measures in response to at least the following situations: (i) reduction in available water supply up to a repeat of the drought of record; (ii) water production or distribution system limitations; (iii) supply source contamination; or (iv) system outage due to the failure or damage of major water system components (e.g., pumps). City of University Pm'k Drought Contingency Plan i 3/31/05 (F) The drought contingency plan must include specific, quantified targets for water use reductions to be achieved during periods of water shortage and drought. The entity preparing the plan shall establish the targets. The goals established by the entity under this subparagraph are not enforceable. (G) The drought contingency plan must include the specific water supply or water demand management measures to be implemented during each stage of the plan including, but not limited to, the following: (i) curtailment of non-essential water uses; and (ii) utilization of alternative water sources and/or alternative delivery mechanisms with the prior approval of the executive director as (e.g., interconnection with another water system, temporary use of a ' ' supply, use of reclaimed water for non-potable purposes, etc.). (H) The drought contingency plan followed for the initiation or termination of each drou for notification of the public. to be ding procedures (I) The drou variances to the plan. le pro, for granting water rate include edures for the of penalties (e.g., fines, such restrictions. drought cc tariff. r-owned water utilities shall prepare a this section and incorporate such plan into their its water the drou supply. ~r customers. Any water supplier that receives all or a portion of er water supplier shall consult with that supplier and shall include in ~ncy plan appropriate provisions for responding to reductions in that water (b) A wholesale or retail water supplier shall notify the executive director within five business days of the implementation of any mandatory provisions of the drought contingency plan. (c) The retail public water supplier shall review and update, as appropriate, the drought contingency plan, at least every five years, based on new or updated information, such as the adoption or revision of the regional water plan. Adopted September 15, 2004 Effective October 7, 2004 City of University Paxk Drought Contingency Plan 2 3/31/05 N ON EXAMPLE NOTIFICATION LETTER City of University Paxk Drought Contingency Plan 3 3/31/05 March 31, 2005 Executive Director Texas Commission on Environmental Quality MC 109 P.O. Box 13087 Austin, TX 78711-3087 Certified Mail xxxxxxx Return Receipt Re: City of University Park, Chapter 288 Reduction Measure Notification Dear Sir, Pursuant to Title 30, Texas Administrative University Park is hereby notifying the the Drought Contingency If you have any questions Respectfully The City Drought Contingency [name Water B, the City of ry provisions of >hone number]. [Author of [Title [Author's Enclosure[s (#)] ,ist's Initials] City of University Paxk Drought Contingency Plan 4 3/31/05 EXAMPLE City of University Park, Texas 30 TAC Chapter 288 - Drought Contingency Plan The following drought response stages were [] implemented / [] terminated on (Check applicable boxes) .(date) MEASURE Reduction in municipal water use Reduction in public water use Increased public awareness Reductions by maj or water users Increased leak detection & repair Landscape/lawn watering schedules Washing mobile equip w/buckets Washing buildings, paving, etc. prohibited Mandatory repair of defective No Water line flushing Once-through fountain use Use of Ornamental fc Washing & rinsin Landsca STAGE II III IV commercial, and customers :sidential rate schedule w/penalty * All measures are voluntary. City of University Park Drought Contingency Plan 5 3/31/05 APPENDIX D OF DROUGHT CONTINGENCY PLAN City of University Paxk Drought Contingency Plan 6 3/31/05 City of University Paxk Drought Contingency Plan 7 3/31/05 ORDINANCE FOR ADOPTION OF A DROUGHT CONTINGENCY PLAN ORDINANCE NO. AN ORDANANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPT1NG A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of University Park, Texas recognize~ the City and its water utility customers is limited and extended drought; available to periods of WHEREAS, the City recognizes of God cannot guarantee an ht con, is and other acts ,ses; WHEREAS, prepare a applicable :s of the Texas supply systems in Texas to WHEREA: University limited interests of the citizens of the City of body) deems it expedient and ,licies for the orderly and efficient management of other water supply emergencies; NOW IT ORDA1NED BY THE CITY OF UNIVERSITY PARK, TEXAS: ON 1 The City of University Park, Texas Drought Contingency Plan attached hereto as Exhibit "A" and made part hereof for all purposes be, and the same is hereby, adopted as the official policy of the Town. SECTION 2 That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. City of University Park Drought Contingency Plan 8 3/31/05 SECTION 3 Should any paragraph, sentence, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 4 This ordnance shall take effect immediately from and after it passage and the publication of the caption, as the law in such cases provides. DULY PASSED BY THE CITY OF UNIVERSITY P~ day of 20__ ATTE CITY SEC TO FORM: S, on the CITY ATTORNEY City of University Paxk Drought Contingency Plan 9 3/31/05 AGENDA MEMO (4/5/05 AGENDA) DATE: TO: FROM: SUBJECT: April 1, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works Building Sites Nail and Metal Removal Code Amendment ITEM: Under the existing Code of Ordinances, the City does not require building contractors to clear building sites and/or streets and alleys of nails and sharp metal objects. Staff recommends amending Chapter 3 of the Code of Ordinances, "Building and Construction," to require all building contractors to clear the building site and all street and/or alleys adjacent to building sites of all nails and metal objects. RECOMMENDATION: Staff recommends approval of the proposed code amendment. ATTACHMENTS: Ordinance 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDAMEMO (2).doc 11:30 AM 04/0' ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, "BUILDING & CONSTRUCTION" SECTION 3.105 "AMENDMENTS TO THE ONE- AND TWO-FAMILY DWELLING CODE", SUBSECTION (12) Rll$ BUILDING SITE REQUIREMENTS TO REQUIRE BUILDERS TO CLEAR ALL BUILDING SITES AND STREETS AND ALLEYS ADJACENT TO BUILDING SITES OF NAILS AND METAL OBJECTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($$00.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION1. Chapter 3 "Building & Construction", Article 3.100, Section 3.105 "Amendments to the One- and Two-Family Dwelling Code", subsection (12) "Section Rl15 Building Site Requirements" of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a sentence to the end of section R115.4 to read as follows: "Rl15.4 Construction debris .... Builders shall clear all building sites and streets and alleys adjacent to building sites of nails and other metal objects with sweepers, magnets, or other appropriate and effective means." SECTION 2. All provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed. SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. Any person, firm, or corporation violating any of the provisions of this ordinance, or the Code of Ordinances as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, shall be fined in an amount not to exceed five hundred dollars ($500.00) for each offense. SECTION 5. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of April 2005. APPROVED: JAMES H. HOLMES HI, MAYOR ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY (RLD/72670; 3/15/05) ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, "BUILDING & CONSTRUCTION" SECTION 3.105 "AMENDMENTS TO THE ONE- AND TWO-FAMILY DWELLING CODE", SUBSECTION (12) Rll$ BUILDING SITE REQUIREMENTS TO REQUIRE BUILDERS TO CLEAR ALL BUILDING SITES OF NAILS AND METAL OBJECTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILiTY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($$00.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of April 2005. APPROVED: JAMES H. HOLMES iii, MAYOR ATTEST: NiNA WILSON, CITY SECRETARY 72670 DATE: TO: FROM: SUBJECT: AGENDA MEMO (04/05/2005 AG EN DA) March 29, 2005 Honorable Mayor and Members of the City Council Gerry Bradley, Director of Parks Williams Park Playground Replacement BACKGROUND: For the past several months, staff has been working with the Park Advisory Board to develop conceptual drawings for the replacement of older playground components at Williams Park. Staff has also been working with representatives of Southwest Parks and Playgrounds, which the City has contracted with in the past to replace playground components at Burleson Park, Caruth Park, Coffee Park, Curtis Park and most recently Smith Park. Staff has utilized various playground components that have been proven challenging and popular with young park users. Williams Park is the last playground site that has not yet been updated as a part of the City's playground replacement program. The new playground design will provide activities primarily for toddlers through 6 years of age, but children up to 12 years old can utilize the equipment. The design layout of the playground has also incorporated all recommendations regarding the American Disability Act (ADA) and industry standards provided by the Consumer Product Safety Council (CPSC). The Park Advisory Board unanimously supported the project based on their review during the March 13, 2005 board meeting. Play structure components include: A Double Bay Swing Set, Rock Climber, Slides, Tic-Tack-Toe Boards, a Children's Backhoe and Sand Box area, Tot Slides and Climbers, Vertical and Horizontal Climbing Features and Resilient Shredded Wood Surfacing. Support features will include: concrete walkways, picnic tables, seating benches and a playground drainage system. The total project cost for the Williams Park playground upgrade is estimated at $42,129.83. Funding for the Williams Park playground project has been identified through the following funding sources: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\williamsparkplayground (2).doc 1:58 PM 03/29J · UP Civic Foundation Budget · Capital Project Funds- Playground Renovations · Williams Park Playground Funding 2004/05 TOTAL $24,091.83 $ 3,038.00 $1s,ooo.oo $42,129.83 The time frame for the playground project is estimated to be completed in approximately 3 to 4 months. Staff is eager to lock in the playground's current pricing as the price of steel continues to increase affecting all portions of the playground manufacturing industry. RECOMMENDATION: Staff is requesting that City Council approve the concept design of the Williams Park playground and give staff the authority to purchase the playground components and installation portion of the project as listed on the cooperative purchasing agreement listed on the Buy Board. ATTACHMENTS: Williams Park Playground Concept Plan 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\williamsparkplayground (2).doc 1:58 PM 03/29J DATE: TO: FROM: SUBJECT: AGENDA MEMO (04/05/2005 AG EN DA) March 29, 2005 Honorable Mayor and Members of the City Council Gerry Bradley, Director of Parks Professional Services - Graphic Artist Contract BACKGROUND: Over the last several months, city staff has been working on various projects that continue to have a great visual impact within our community. These projects include our seasonal banner program at Snider Plaza and the upgrade of informational signage within our parks system. In an effort to develop professional artwork and designs, staff has met with a graphic artist to develop an estimate to aid staff in developing concepts for City Council approval. Mari L. Madison of Design Strategies located in Dallas, Texas has provided staff with a detailed estimate of design services to support graphic services for our current needs. Ms. Madison's graphic artist work experience includes services for clients such as Southern Methodist University, Hilton Hotels, Lucent Technologies, Frito-Lay and design work for the City of University Park. RECOMMENDATION: Staff is requesting approval from City Council for staff to enter into a contract with Mari L. Madison of Design Strategies for graphic artist services for the city's seasonal banner program and design services for park informational signs. Payment for the services based on the attached contract is $4,775.00. ATTACHMENTS: Graphic Artist Services Contract 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\graphic artist (2).doc 1:45 PM 03/29J Date: Job Number: Description: Services Estimate Gerry Bradley City Of University Park 4420 Worcola Drive Dallas, TX 75205 03/07/05 CUPO05001 Graphic Artist Services to develop an information signage system for eight parks and seasonal banner designs for Summer, Fall, and Holiday for Snyder Plaza. Mari L. Madison Design Strategies 2908 Highwood Dr. Dallas TX 75228 Ph 972-698-8965 Fax 972-279-4746 Consultation Design Concepts Preparation and Project Research. · Site visits · On-line research of current trends and case studies · Vendor capability study Park Board Meetings and Presentations, 2 @ $150. · Lead creative discussion · Review and analyze information · Prepare repor~ with visual recommendations · Present designs City Council Meetings and Presentations, 2 @ $150. · Present repor~ with visual recommendations · Present designs Park Information Signage (min. 2, max. 4) concepts. · Typographic studies · Image studies · Layout and format studies · Presentation boards Continued on next page 300.00 300.00 300.00 300.00 Banners for Summer, Fall, and Holiday, (min. 2, max. 4) concepts each. · Typographic studies · Image studies · Layout and format studies · Presentation boards 900.00 Design Development Cost Estimating Production Proposal Total Terms Submitted by: Approval: Park information signage, versions for eight parks, 8 @ $175. Summer Banner Fall Banner Holiday Banner Develop approved design incorporating client directives Includes a maximum of 2 revisions, to the approved design Typography design and refinement Image creation, high resolution scaleable graphics Set up full size digital layouts Prepare client approval proofs Reproduction Recommendations and Cost Analysis · Vendor sourcing · Develop reproduction specifications · Competitive bid request · Review bids and prepare estimates Preparing digital files for reproduction, 11 files @ $50. · Vendor specification management · Font management · Color format management · File format management · Out-put file and disk preparation This estimate is based on time and services expected to complete this project, and includes corrections and reasonable modification. It does not include State Sales Tax, reimbursable expenses, such as photography, illustration, laser copies, courier charges or computer disk. Excessive changes to an approved design or project specifications will require a revised estimate and production schedule. To star~ work we require a signed estimate, a company purchase order and a check for one half the estimated amount. The final invoice will be issued upon release of the design for printing, due upon receipt. If any phase of the assignment is delayed beyond 60 days, we will bill for work completed to date. Past due Mari L Madison Client PO #: Client Signature: Date: $ 1,400.00 $ 175.00 $ 175.00 $ 175.00 $ 200.00 550.00 4,775.00 BOARD OF ADJUSTMENT MINUTES November 22, 2004 The Board of Adjustment of the City of University Park met on Monday, November 22, 2004 at 5:00 P.M. in the Council Conference Room of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Lon Houseman - Acting Chairman Roy Kull - Secretary Beth Dargene Steve Metzger Jim Lake Staff Members Attending Wade McLaurin - Bldg. & Zoning Administrator Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Absent & Excused: Jerry Grable - Chairman Bill Lang William Hitzelberger, III Mr. Houseman opened the public hearing and introduced the commission members. Mr. Houseman asked for a motion on the minutes from the October 25, 2004 Board of Adjustment meeting. Mr. Metzger moved to approve the minutes, with a second from Mr. Lake. The motion was approved unanimously 5-0. Mr. Houseman read the charge of the Board of Adjustment and asked that all those that would be speaking to please stand to be sworn in. Mr. Kull read the specifics of the first case. B.O.A. 04-11 - Mary Ann & Robert Chapel, owners of the property at 4145 Shenandoah, requesting a variance to Section 9-1001 (3) of the University Park Zoning Ordinance to allow a garage addition to be built within eighteen (18) feet of the rear property line, rather than the minimum twenty (20) feet setback to the garage door. The owners are also seeking a variance to Section 9-602 (1)(b) in order to maintain the current five (5) foot side yard setback rather than comply with the minimum six (6) foot required by the Zoning Ordinance. Mrs. Mary Ann Chapel, resident/owner of 4145 Shenandoah, was introduced and made a brief statement describing her intentions. Currently, there is not a garage on the property. The proposed addition maintains the existing family room, converts the existing guest room into a new garage on the bottom level, with a new game room directly above. Mrs. Chapel noted she has worked diligently with staff in trying to find an alternative location in the form of a detached structure. Board of Adjustment Minute s 11/22/20O4 Page 2 of 3 Various issues were encountered during the process such as: exceeding the impermeable surface requirements, and the possible elimination of a tree. Mrs. Chapel noted a focus for her and the architect was trying to maintain the Dilbeck aesthetics. Mrs. Chapel provided pictures to the members of the structure, the current parking situation, and the adjacent properties. Mr. Housemen asked Mrs. Chapel to clarify the pictures. Mrs. Chapel described the off-street parking problems in the immediate area, noting her wish of maintaining the current eighteen (18) foot parking pad. Ms. D. Settle, architect for the applicant and resident of 11623 Sasanqua Ln., Dallas, TX, was introduced and made a brief statement in regards to the renderings. The required side yard setback of six (6') feet would be met in regards to the proposed first floor addition. The existing second floor cantilever would incorporate with the proposed new second floor addition, which would enable the second floor to remain flush with the existing five (5) foot existing side yard setback. This would allow the characteristics of the existing Dilbeck design, to flow with the new addition. Mr. Metzger asked if the proposed new stairwell was accessible from existing second floor. Ms. Settle noted the existing second floor was in the front of the structure and would be not accessible from the proposed addition. A discussion ensued regarding the proposed new square footage of the structure, the alternate proposals presented by staff and board members and the proposed depth of the garage compared to the length of the applicants vehicle. Mr. Houseman inquired if there were any favoring/opposing correspondence. Mr. McLaurin noted no correspondence had been received in regards to the variance request. Mr. Houseman closed the public hearing. Mr. Lake stated the request to maintain the current side yard setback was just, due to the established building line. However, he noted the request to infringe on the twenty (20) foot rear yard setback, (in his nine (9) years of serving on the board), had not been approved in the past. Mr. Metzger stated he concurred with Mr. Lake. The addition of the proposed sliding gate would cut off the useable space in the rear. He added the architect could rework the proposed addition (noting the area with the staircase), and eliminate two (2') to three (3') feet to meet the required twenty (20) foot rear setback. Mr. Dillard inquired if there was any third floor space. Mrs. Chapel noted there would be a small area allocated for attic space. Mr. McLaurin noted the purpose of the ordinance requiring the twenty (20) foot rear yard setback was to maintain space in the already tight alleyways. Mr. Houseman stated the board did not have any authority to grant a variance due to the lack of a property hardship. Board of Adjustment Minutes 11/22/2004 Page 3 of 3 Mr. Houseman asked for a motion. Mr. Metzger moved to approve the request to maintain the current five (5) foot side yard setback rather than comply with the minimum six (6) foot required by the Zoning Ordinance, and to deny the request of the garage addition to be built within eighteen (18) feet of the rear property line, rather than the minimum twenty (20) feet setback to the garage door, with a second from Mr. Kull. The motion was approved unanimously 5-0. Mr. Houseman noted he recommended that the Zoning Ordinance Advisory Committee (Z.O.A.C.) review the Zoning Ordinance, specifically Section 9-1001 (3), in regards to lot depth and the required minimum twenty (20) feet setback. There being no further business before the Commission, Mr. Houseman adjourned the meeting. Approved b~:/~ ~ ~] Date: PLANNING AND ZONING COMMISSION MINUTES January 17, 2005 The Planning and Zoning Commission of the City of University Park met on Monday, January 17, 2005 at 5:30 P.M. in the Council Chamber of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Robert West - Chairman H. Reed Shawver III Doug Roach Randy Biddle Ed Freeman Absent & Excused Jo Ann Norton Bea Humann Bill Foose Staff Members Attending Bud Smallwood - Director of Public Works Wade McLaurin - Building & Zoning Administrator Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Mr. West opened the public hearing and introduced the commission members. He then read the specifics of the first case. PZ 05-01 - Analytical Surveys, representing the property owner, requesting a replat of Lot 3 Block 1 of Vanderbilt Place Addition of the City of University Park, more commonly known as 3649-51 Asbury, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West inquired if the replat conformed to city regulations. Mr. McLaurin stated yes, the replat conformed to city regulations. Mr. West inquired if there were any favoring/opposing parties in the audience. None came forward. Mr. West closed the public hearing. Mr. West asked for a motion. Mr. Freeman moved to approve the request, with a second from Mr. Shawver. The motion was approved unanimously 5-0. Mr. West opened the public hearing and read the second case. PZ 05-02 - Analytical Surveys, representing the property owner, requesting a replat of Lot 8 Block D of University Annex #2 Addition of the City of University Park, more Planning & Zoning Minutes 1/17/2005 Page 2 of 5 commonly known as 3415-17 Granada, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West inquired if the replat conformed to city regulations. Mr. McLaurin stated yes, the replat conformed to city regulations. Mr. West inquired if there were any favoring/opposing parties in the audience. None came forward. Mr. West closed the public hearing. Mr. West asked for a motion. Mr. Biddle moved to approve the request, with a second from Mr. Shawver. The motion was approved unanimously 5-0. Mr. West opened the public hearing and read the specifics of the third case. Mr. West stated that the favoring parties would be given the first opportunity to speak, with opposing following. All parties were to limit their comments to three (3) minutes each. PZ 05-03 - William E. Strother, representing the owners of the properties of Lots 9-17 Block 45 of University Heights Addition of the City Of University Park, requesting a rezoning from Single Family District 2 (SF-2) into the existing Planned Development District 20 (PD-20). Revised plans will be presented to address concerns expressed at the September Planning & Zoning Commission meeting. CONTINUED FROM the September 20, 2004 meeting. Mr. William Strother, Chairman of the Master Plan Committee for University Park Methodist Church and resident of 4201 Stanhope, was introduced and made a brief statement regarding the church's intentions. Mr. Strother reiterated the churches acquisition of the ten (10) lots (4001- 4037 Colgate) north of the existing planned development. He then reviewed the needs of the church, noted the expansion would enable the church to utilize new classrooms, offices, a multi- purpose gym, new parsonages, and on-site parking. Mr. Strother went on to explain as instructed by members at the last meeting of the Planning & Zoning Commission, the church had held another neighborhood meeting to address concerns by the local residents, as well as, personal contact was made with the ten (10) homeowners directly across from the expansion site. The principal concerns voiced were: a general objection to anything other than single family residences being built on the property, the ambiance of the neighborhood being disturbed, additional traffic congestion, location of the proposed parking lot and the adjacent property values lowering due to the expansion. The church and F & S Partners studied the renderings and determined the original layout of the proposed expansion was generally preferable. However, due to the concerns presented, the following changes were incorporated to the renderings of the proposed expansion; the elimination of the drive between Colgate and the parking lot, a fifty (50) foot setback from the back of the sidewalk versus the original twenty-five (25) foot setback to the parking area (which increases the greenbelt area), additional landscaping and the use of a lighting standard, which will not spill light beyond the parking area. Mr. Strother closed, noting hopefully these efforts would be perceived as good faith efforts to reach a consensus and introduced Mr. Robert Shaw to present the revised renderings. Planning & Zoning Minutes 1/17/2005 Page 3 of 5 Mr. Robert L. Shaw, vice president of F & S Partners and resident of 3700 Lovers Lane, was introduced and made a brief statement in regards to the expansion, presented via a PowerPoint presentation. The original site plan was presented, as well as, the revised, comparing the changes, as outlined by Mr. Strother. The non-intruding light fixture detail, alley abandonment and general improvements were reviewed, with Mr. Shaw concluding the presentation reiterating the functional needs of the church. John DeShazo, with DeShazo, Tang and Associates Inc., 330 Union Station Dallas, TX was introduced and made a brief statement in regards to the traffic study performed. The traffic imposed by the proposed expansion on a typical Sunday morning would generate one hundred fifty (150) trips versus the two hundred sixteen (216) trips, if the block were occupied by residential homes. Mr. DeShazo stated the traffic on Colgate was substantially lighter than Caruth and Greenbrier, and closed noting the proposed expansion would have a negligible impact on traffic in the area. Mr. West inquired if there were any other favoring parties present. Mr. John Lehman, resident/owner of 4017 Greenbrier, was introduced and noted he was in support of the proposed expansion. Mr. Lehman stated he had attended the churches meetings, felt as if the church had addressed the concerns presented, and encouraged the Planning & Zoning Commission to approve the request. Mr. Rusty Coffee, resident/owner of 4024 Colgate, was introduced and noted he supported the proposed expansion. Mr. Coffee noted his residence was directly across from the proposed parsonages. He encouraged the members to approve the expansion, noting it would be a great benefit to the church. Former Mayor, Mrs. Barbara Hitzelberger, resident/owner of 3921 Caruth, was introduced and made a brief statement of support in regards to the proposed expansion. Mrs. Hitzelberger stated she had been residing in her dream home at 3921 Caruth for the last six and one-half years (6 1/2), and formerly resided at 3541 Colgate for twenty-one (21) years. Appreciation was noted for both the elevations and maintenance of the Greenbrier and Caruth frontages of the church. She added that the revision/donation of the fifty (50) foot setback for the parking lot on Colgate would beautify the neighborhood, and enhance the use of the parking lot. Mrs. Hitzelberger closed noting in her opinion the church had always been good neighbors and had worked hard to address any concerns presented. Mr. West inquired if there were any opposing parties present. Mr. Robert Carter, resident/owner of 4004 Colgate, was introduced and stated his opposition. The resident's home at 4004 Colgate faces the proposed parking lot; the parking lot would be a clear encroachment into the neighborhood as well as, decrease the property values, remove taxable land offthe tax rolls, and increase traffic into the area. Mr. Jack Patton, resident/owner of 4009 Marquette, was introduced and stated his opposition. Mr. Patton stated the church had been a good neighbor and noted his main concern was the change from the existing residential use of the proposed expansion site to a church use. He suggested the church go back to the drawing board, and maintain the integrity of the neighborhood, by maintaining the use. Planning & Zoning Minutes 1/17/2005 Page 4 of 5 Mr. Jeffrey Wetter, resident/owner of 4000 Marquette, was introduced and made a brief statement regarding his opposition to the expansion. Concerns noted by Mr. Wetter were: increased traffic on Pickwick due to the changes presented, decreased property values, the proposed project being too large in scale and general encroachment on the neighborhood. Mr. Todd Carter, resident/owner of 4201 Bryn Mawr, was introduced and stated his opposition of the project. He stated he was Robert and Janice Carter's son and had encouraged his parent's to relocate to University Park from Dallas. Mr. Carter noted property values would be impacted, and there had to be better way to accomplish the expansion, by possibly reducing the parking lot size. He closed noting the members had a difficult decision ahead of them. Mr. Mark Molthan, owner of the properties at 3932 Colgate and 4000 Colgate, was introduced and noted his opposition. He voiced he was not opposed to the church, but opposed to a decrease in value of both of his properties. He purchased 3932 Colgate and 4000 Colgate, prior to the master plan being introduced, with 4000 Colgate sited for his personal residence. Mr. Molthan noted previous plans submitted/reviewed with neighbors by the church indicated parsonages only. Mr. West asked Mr. Molthan would it be fair statement to say the biggest issue was the proposed parking lot? Mr. Molthan noted he could not speak on behalf of others, only himself. He expanded by stating a residential feel would be far better, than a parking lot, referring to the location of his daughter's future room (which would face the proposed parking lot). He closed by reiterating the lowering of the adjacent owners property values, if the expansion were to be approved. Mrs. Catherine Ritchie-Holleman, resident/owner of 3939 Marquette, was introduced and made a brief statement. Mrs. Ritchie-Holleman noted her opinion of the church having the best parking system, and noted she was unsure of the proposed building height. She closed by indicating the church had adequately answered her general questions. Mrs. Jennifer Miller, resident/owner of 3933 Caruth, was introduced and stated her opposition. Mrs. Miller's concerns were noted as decreased property values and placement of what she considered commercial use in an existing residential area. She closed by stating the expansion should be postponed to allow further discussion. Mary Catherine Maddox, resident/owner of 3912 Lovers, was introduced and stated her opposition. She noted her bewilderment on how non-tax paying entities can procure land in such an area. Ms. Carolyn Miller, resident/owner of 4016 Colgate, was introduced and noted her opposition to the expansion. Ms. Miller noted she had found a flyer in regards to the expansion in her yard, and felt it had been purposely placed there. Her concerns in regards to the proposed expansion were noted as: the trash collection noise of the dumpsters (located in the proposed parking lot) at four to six am, and the compound appearance of the proposed parsonages. She closed noting she felt the area would not maintain a neighborly feel. Mr. West closed the public hearing. Mr. Biddle inquired on the height of the proposed fence for the parking lot and the shrubs used Planning & Zoning Minutes 1/17/2005 Page 5 of 5 for screening. Mr. Shaw stated the fence would be forty-two inches (42") tall, with wax myrtle shrubs and trees to be used for screening. Mr. Biddle asked for more information on the placement of the dumpsters. Mr. Shaw stated the dumpsters would be located in the parking lot, have adequate screening and reviewed trash collection schedule. Mr. Freeman inquired on the feasibility on flipping the parking lot. Mr. Shaw stated, the parking lot had been reviewed, with a determination that the most efficient configuration was the current proposed location. Mr. West asked for a motion. Mr. Freeman noted he was sensitive to the issues presented by the concerned residents (with his personal residence close in proximity to S.M.U.). He closed noting the church had worked diligently to address the concerns presented. Mr. Biddle noted he concurred with Mr. Freeman. Mr. Freeman moved to approve the proposed conceptual site plan of the University Park United Methodist Church, requesting a rezoning from Single Family District 2 (SF-2) into the existing Planned Development District 20 (PD-20), with a second from Mr. Biddle. The motion was approved 4-1, with Mr. Roach opposing. Mr. West asked for a motion on the minutes from the September 20, 2004 Planning & Zoning meeting. Mr. Roach moved to approve the minutes, with a second from Mr. Biddle. The motion was approved unanimously 5-0. There being no further business before the Commission, Mr. West adjourned the meeting. Approved by: Robert West, Chairman' ~ Planning & Zoning Commission Date: PUBLIC WORKS ADVISORY COMMITTEE MEETING MINUTES February 24, 2005 Committee Members Present: Chairman Thomas Stewart, Paul Pulliam, John Farris, Michael Collins, John Walsh, Randy Hagens, and Amanda Davidson. Council Members Present: Harry Shawver. Staff Present: Director of Public Works Bud Smallwood, City Engineer Bob Whaling, City Manager Bob Livingston, Assistant Director of Public Works Director Jacob Speer, and Assistant to the Director of Public Works Robbie Corder. Bud Smallwood began the meeting by introducing the staff and the agenda items. Agenda Item No. 1: Mr. Smallwood provided a brief history and how the street lights would be presented to show the different street light selection process, Lane. A slideshow was lights. Mr. Pulliam questioned what indicated that the lights were private property, while achieve. Bud Smallwood and not onto appearance. Mr. Farris indicated that he decorative street lights currently from the existing Chairman Stewart commented that fixture as opposed to the 175 watt current recommending the city use the light Committee preferred a 70 watt use, and that the committee would be Hunters Glen and Lovers Lane. Mr. Collins questioned why the City is even considering a new light fixture, and suggested the City remain with the existing fixtures throughout the entire city. Mr. Farris commented that the City should add the new style lights along Lovers Lane, but keep the existing lights throughout the city. Mr. Farris indicated that he preferred the light at Baltimore and Lovers Lane for the new section of Lovers Lane. Councilmember Shawver questioned the costs of the new fixtures. Mr. Smallwood indicated that per fixture costs for the new styles and existing were approximately $1,000 per fixture. However, labor costs for the new styles would increase because of the difficultly of installing bulbs. Mr. Smallwood also indicated that the city would recommend staying with 175 watt bulbs. Committee members concurred that the light at Baltimore and Lovers Lane was the most visually appealing light and that it provided the highest quality light on the pavement. However, committee members continued to question why the city is considering new styles. Chairman Stewart and Mr. Walsh indicated that the Lovers Lane Committee wanted all the light to go on the ground, and not shine outward creating light pollution. Mr. Collins indicated that he felt taking away light that shines on private property will upset a large base of citizens in University Park. After more discussion concerning the need to change light fixture styles, the committee came to a consensus that the city should not install a new style light fixtures, and the existing light fixtures should be used on Lovers Lane. Chairman Stewart and Mr. Walsh indicated that they, however, favored the new fixtures along Lovers Lane but keep the exiting fixtures throughout town. Agenda Item No. 2: City Engineer Bob Whaling provided an update to the committee regarding current and future capital projects. Mr. Whaling indicated that new pavement has been replaced on the south side of Lovers Lane from Willard The north side has completed pavement from Willard to Durham. The se Hillcrest east to Dickens along lovers is six to seven weeks from Mr. Whaling also indicated that Wentwood/Centenary alley, line. City will be in alley started in the ~leted installation of new