Loading...
HomeMy WebLinkAboutAgenda 04-20-05 Names Tabs AGENDA #2508 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, APRIL 20, 2005 AT 7:30AM II. IlL ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. CONSENT AGENDA A. CONSIDER: Approval of City Council Meeting Minutes for April 5, 2005 - Wilson Tab I MAIN AGENDA A. DISCUSS; Decorative street light fixtures for Lovers Lane - Smallwood Tab II B. CONSIDER; Reservation Request for Burleson Park for Leukemia/Lymphoma Society Walk -Bradley Tab III C. PUBLIC HEARING; City's Drought Contingency Plan - Corder Tab IV D. CONSIDER; Resolution for City's Drought Contingency Plan E. CONSIDER: Resolution for City's Water Conservation Plan - Corder Tab V F. CONSIDER: Sidewalk replacement program - Corder Tab VI G. CONSIDER: Proposal from R.L. Goodson for engineering and surveying services to plat and rezone City-owned property at City Hall and Goar Park - Smallwood Tab VII H. CONSIDER: Amendment to resolution for Master Fee Schedule, pool fees - Bradley Tab VIII I. DISCUSS: Banner and park information sign design with Graphic Design Consultant - Bradley Tab IX J. REVIEW: Tree list for City parkway planting - Bradley Tab X K. CONSIDER: Proposal for cable television community survey - Austin Tab XI As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda items listed herein. MINUTES #2507 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, APRIL 5, 2005, 5:00 P.M. Mayor Blackie Holmes convened the City of University Park City Council into Executive Session at 4:00 p.m. to receive legal advice from the City Attorney under Section 551.071 of the Government Code. The Executive Session was adjourned at 4:27p.m. No action was voted on or taken during the meeting. Mayor Holmes opened the meeting of the City Council at 5:00 p.m. in the Council Chambers. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter, Kelly Walker and Harry Shawver. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS & RECOGNITION DEPARTMENT PIN FOR DISPATCHER WILFORD DAVIS: City Manager Bob Livingston presented a 15-year pin to Dispatcher Davis of the Communications Department and thanked him for his years of service to the City. ITEMS FROM THE FLOOR Mr. Rick Barrett, 2817 Purdue, requested the Council conduct a speeding traffic study on residential streets and that the speed limit on these streets be reduced citywide. The Council will take the matter under consideration. 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 WATERMARK CHURCH'S REQUEST TO USE CURTIS PARK FOR A CHURCH PICNIC: The picnic is scheduled for Sunday, May 15 from 9:00 a.m. until 2:00 p.m. Approximately 700 participants are expected. A list of conditions has been prepared by the Park Department, and they have been agreed to by the church. CONSIDER AN ORDINANCE FOR NO PARKING ON THE EAST SIDE OF KEY STREET: The ordinance is 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 will not be allowed along this portion of Key Street on school days between 8:00 a.m. and 5:00 p.m. ORDINANCE NO. 05/09 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARK1NG 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 F1NE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. APPROVE CONTRACT WITH MBIA MUNISERVICES COMPANY (MMC) TO PERFORM SALES TAX REVIEW: 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. 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. MMC and City staff have discussed an arrangement whereby MMC will perform a periodic, automated review of University Park addresses to the Comptroller records of UP sales taxpayers. MMC has agreed to act as the City's intermediary in making the necessary corrections and receiving retroactive sales tax. CONSIDER ORDINANCE TO AMEND THE CODE OF ORDINANCES TO ADOPT THE INCIDENT COMMAND SYSTEM FOR ALL EMERGENCY INCIDENT RESPONSE OPERATIONS: 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 directors and supervisors to train, exercise, and use the ICS/NIMS in all response operations. The adoption of the ICS/NIMS will be accomplished by amending Ordinance 1.806 as the operational model to manage disasters in the City of University Park. AMEND SECTION 1.805 (1) (G) TO READ FIRE CHIEF INSTEAD OF POLICE AND FIRE CHIEF: Code of Ordinance Section 1.805 (1) (G) is to 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), was amended to read as follows: (G) Appointing the emergency preparedness coordinator, who shall be the fire chief unless otherwise designated. ORDINANCE NO. 05/10 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 5 (HPSD-5); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ABANDONMENT OF EXCESS STREET RIGHT-OF-WAY ADJACENT TO 4400 POTOMAC: The owner of the property at 4400 Potomac, R. Scot Smith, has requested Council consideration to abandon an 8-foot strip of parkway, which is excess street right-of-way, along his Armstrong property line. Staff will request that an independent professional appraiser determine a Fair Market Value of the property and that an enabling abandonment ordinance be developed for future Council consideration. CONSIDER BID #05-10 FOR STREET LIGHT STANDARDS WITH ILLUMINATED STREET SIGNS: Dal-Lite submitted a 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. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For March 16, 2005. MAIN AGENDA PUBLIC HEARING FOR APPROVAL OF PLANNED DEVELOPMENT (PD-20) FOR UNIVERSITY PARK UNITED METHODIST CHURCH (UPUMC): The University Park Methodist Church submitted a rezoning request for properties on the south side of the 4000 block of Colgate from SF-2 to the existing PD-20 to allow for a church expansion containing classrooms, offices, a multi-purpose gym, new parsonages, and on- site parking. The Planning & Zoning Commission approved by a margin of four (4) to one (1) the rezoning request and conceptual site plan on January 17, 2005. Residents living near the church expressed concern that traffic congestion would worsen as a result of the expansion. In response to this concern, UPUMC 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 UPUMC regarding the abandonment of the alley right-of-way north of the church for the expansion. The conceptual design submitted by UPUMC would require the church to purchase the alley right-of-way along the entire block of Colgate. Mayor Holmes opened a public hearing and announced that each side, those in favor of and those opposed, would be given 10 minutes for a main speaker and two (2) minutes for seven (7) other speakers. After the presentation, the Council would be allowed to ask questions of both sides. Those in favor of the church expansion spoke first. Mr. William E. Strother, 4201 Stanhope, as Chairman of the Master Plan Committee for the church, was the main speaker. Mr. Bob Shaw, architect with F&S Parmers, who lives at 3700 Lovers Lane, then made a power point presentation, showing the expansion plans. Mr. John DeShazo of DeShazo, Tang & Associates, spoke on the subject of traffic around the church after the expansion. Mike MaBerry, 4012 Centenary, Former Mayor Barbara Hitzelberger, 3921 Caruth, Charles Cooper, 4024 Centenary and John Leaman, 4017 Greenbrier spoke in favor. Miss Amy Cooper, 4024 Centenary, and Miss Jessie Anderson, 4017 Centenary, representing the UPUMC Youth Group spoke in favor and, finally, Sr. Minister Thomas Q. Robbins, 3020 Southwestern spoke. Mayor Holmes then opened the floor to the opposition. Ms. Sugie Dotson-Cline, 4012 Colgate, spoke against the expansion of the church, as did Ms. Kitty Ritchie Holleman, 3939 Marquette, Lloyd Wolf, 3613 Marquette and Jeff Wetter, 4000 Marquette. Director of Public Works Bud Smallwood made a power point presentation showing a colored map listing those residents from Lovers Lane to Northwest Highway and the Tollway to Hillcrest. Those in favor of the church expansion numbered 252 and those opposed numbered 89 in that area. In total, the correspondence received by the City numbered 738 in favor and 101 opposed. The City Attorney then explained that the First Amendment of the Constitution and Federal laws protect churches. The Mayor also read the restrictions that had been placed on Park Cities Baptist Church for their expansion. The Mayor indicated that if the planned development for UPUMC is approved, the Council would consider these and other conditions to protect the neighborhood and minimize impact during construction. As there were no other speakers, Mayor Holmes closed the public hearing. The Council will discuss an ordinance approving a planned development for the church on May 3, 2005. PUBLIC HEARING TO CONSIDER CITY'S DROUGHT CONTINGENCY PLAN: Mayor Holmes opened the public hearing. Assistant to the Director of Public Works Robbie Corder gave a power point presentation. 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. All approved Drought Contingency and Water Conservation Plans must be submitted to the Texas Commission on Environmental Quality by May 1, 2005. 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. Larry McDaniel, Executive Director of Park Cities Municipal Utilities District was in attendance. Mayor Holmes then closed the public hearing. CONSIDER ORDINANCE FOR CONSTRUCTION SITE REQUIREMENTS: 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. By amending Chapter 3 of the Code of Ordinances, "Building and Construction," all building contractors will be required to clear the building site and all street and/or alleys adjacent to building sites of all nails and metal objects. Councilmember Shawver moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to approve amending Chapter 3 of the Code of Ordinances, Building and Construction, to require building contractors to clear building sites and/or streets and alleys of nails and sharp metal objects. ORDINANCE NO. 05/11 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) Rl15 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 F1NE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER WILLIAMS PARK PLAYGROUND DESIGN: Williams Park is the last playground site to be 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 cost for the Williams Park playground upgrade is estimated at $42,129.83, and the replacement will be completed in approximately three (3) to four (4) months. Mayor Pro Tem Roberts moved approval of the concept design of Williams Park Playground. Councilmember Walker seconded, and the vote was unanimous to 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. CONSIDER HIRING GRAPHIC ARTIST FOR BANNER DESIGN AND PARK INFORMATION SIGNS: A graphic artist has been considered to develop professional artwork and designs and develop an estimate to aid staff in developing concepts. Mari L. Madison of Design Strategies, Dallas, Texas, has provided staff with a detailed estimate of design services to support graphic services for the city's seasonal banner program and design services for park informational signs. Payment for the services is $4,775.00. Councilmember Walker moved approval of the contract. Councilmember Shawver seconded, and the vote was unanimous to approve the contract hiring Mari L. Madison of Design Strategies for graphic artist services. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 20th day of April 2005. ATTEST: James H. Holmes III, Mayor Nina Wilson, City Secretary AGENDA MEMO (04-20-05 AGENDA) DATE: TO: FROM: SUBJECT: April 11, 2005 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Discussion of decorative street light fixtures for Lovers Lane. Background. As directed by City Council, staff replaced the 175 watt metal halide lights with 70 watt bulbs at Lovers Lane intersections with Hunters Glen, Vassar, and Baltimore. However, we were not able to install the "frosted lens" on the fixture at Hunters Glen. It was never received from the manufacturer. The reconstruction of Lovers Lane is progressing at an accelerated rate, and staff would expect the project to be substantially complete by the end of June. That will probably leave the street unlit. I would request that the City Council make a decision whether to proceed with the Public Works Advisory Committee's recommendation (use the same 175 watt fixture as has been used along other major thoroughfares) or to use a different fixture and lower wattage. Recommendation. Staff recommends City Council approval of the PWAC recommended 175 watt fixture we have installed along other streets in the City. AGENDA MEMO (04/20/05AG E N DA) DATE: TO: FROM: SUBJECT: April 15, 2005 Honorable Mayor and Members of the City Council Gerry Bradley, Director of Parks Reservation Request for Burleson The Parks Department has received a request from the Leukemia & Lymphoma Society to utilize Burleson Park to host their 7th annual "Light The Night" walk on Sunday October 23, 2005. The Society has rented this park site for the past several years, and the organization estimates approximately 5,000 participants will be involved in the walk through the SMU Campus in 2005. After last year's event, it was brought to staff's attention that there were some issues regarding the event. A few residents' driveways were blocked, and other issues included participants utilizing private property to rest during the walk. RECOMMENDATION: Staff is requesting City Council's consideration approving this request based on the following criteria: · The L&L Society will organize a meeting involving UP Staff and SMU staff to review the event route, parking, support features, and resident notification letter on a scheduled date in September 2005. · L & L Society is responsible for providing notification letter to residents two (2) weeks prior to event. · Any use of barricades and/or street closures must be approved by UP Police and Public Works Departments. · The L & L Society must designate an onsite event contact person to work with UP and SMU Police during the event. ATTACHMENTS: Letter of Request from the Leukemia & Lymphoma Society 2005 Letter from Steven C. Metzger regarding 2004 event Letter from staff to Steven C. Metzger regarding the 2004 event Notice to Residents 2004 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Leukemia lymphoma Society request2.doc 10:55 AM 04/11/05 Dem~ M~. Gerry B,rad~ey, I am centactin, g~ ecu regarding T'Bm Leukemia 8; Lymphom.a 8~J~e~y's s.eYem~h Anm, ua~ co~a~,em, o~ra~e lives touched by cancer. Reg;~s~a.'t:(o~'~ ;4nd fe~stiwt~ea axe ~'rom s~x w,Bik Io88Tions 'lh¢oughout 87 had ~.0OO pad. ic~pa.n'lts a.~ the SBU YYaI~, L~S. year we expac~ to have over have 8n¢/~o,sed a S'~e Hose P~opos&:< Cot you ~o SMU was l:he adead p~ace, 'to h©lsd ~b.e L,~h~ Th¢~ N 9~'~[ Wal~ 2003 a~¢ 2004. The, b¢ought ex~osucre ~;o bhe UF, hzers, itv, as, o h~gh~,ghted i. he re¢,ent Ceve a~mer~t o{: c~am~us Ua~o~u~ale~Y du¢ ~o h,ea~? co~ns~a~cbo~ 8~ Ooak Wa~ke'r ;PI,aza a,r~d o.u~ pre-waak All fundra~si.~g ~'a~ke.~s ca.r~ ~ed i;fiurcAnated b,~a~looss in recogn;~;o~ of thei,r' eq~i(pme,~ a.,~d s~,age; refre~h~aaa'l:s, donated by aocaI: {cod vendo~ Y/hO ~'ood end drinks uader aC x I0 collapsible te~ts; c~owm and chiadren'$ inlla~a, bbe toy ~o4ea~aa of the walk i~ 2005. use of Budeson Pack, ~ ,~OOk ~o~ward to werkis.g 'w~h you ~f~ ~he fuTu,re. Thank yoa: A~gie Hays 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Leukemia lymphoma Society request2.doc 10:55 AM 04/11/05 Site Host Sponsorship Agreement Southern Methodist University/City of Unversity Park The Leukemia & Lymphoma Society-North Texas Chapter The Light The Night® Walk October 23, 2005 Southern Methodist University Commitment Allow campus lights to be on surrounding the event headquarters, parking lots and along the Walk route. Allow use of the following parking facilities: Law Garage, Airline Garage, Museum Garage, Dedman Center for Lifetime Sports Parking Lot, and Faculty Lot by Hughes- Trigg Student Center. · Allow display of Light the Night Walk posters and banners around campus the night of the walk. Allow use of campus trash facilities. ,, Allow golf cart for Society use. o Allow campus police support. City of University Park Commitment ,, Allow use of Park trash facilities. ,, Allow Park lights to be on surrounding the event headquarters and parking areas. · Allow The Leukemia Society staff and volunteers to begin set up at 1:00 p.m. on Walk day. Allow use of the Burleson Park area from 1:00 p.m. to 9:30 p.m. on Sunday, October 23, 2005. The City of University Park Representative: Name: Signature: Date: The Leukemia & Lymphoma Society's Commitment Burleson Park & SMU's name will be displayed on the following DFW Light The Night Walk promotional items: · T-shirts ,, Posters ,, Light The Night Walk Sponsor Banner · Recruitment & Correspondence Materials Mention of Burleson Park & SMU's name in all Light the Night related media releases. Burleson Park & SMU's name will appear on 275,000 Light The Night Walk Point of Purchase (POP) brochures distributed throughout North Texas. · Burleson Park & SMU's name will appear on North Texas Light The Night Walk recruitment brochures. Additional benefits include: · Opportunity to provide promotional items in walker goodie bags. · Burleson Park & SMUs name included in The Leukemia & Lymphoma Society's chapter newsletter. (distribution- 30,000) · The Leukemia & Lymphoma Society will provide volunteers the night of the Walk to ensure safety and thorough clean up of the Walk area and along the route. The Leukemia & Lymphoma Society will provide porta potties for the use of participants & volunteers. Leukemia & Lymphoma Society's Representative: Name: Signature: The Leukemia & Lymphoma Society 8111 LBJ Freeway, Ste. 425 Dallas, Texas 75251 STEVEN C. METZGER DIRECT DIAL 214-740-5030 SMETZGER~PMKLA%V. COM PRAGER, METZGER & KROEMER PLLC A PROFESSIONAL LIMITED LIABILITY COMPANY ATTORNEYS, MEDIATORS & COUNSELORS 2626 COLE AVENUE, SUITE 900 DALLAS, TEXAS 75204-1083 214-969-7600 WWW.PMKLAW.COM FACSIMIi. E 214-523-3838 214-969-7635 October 25, 2004 VIA FACSIMILE 214--987--5399 ANm VIA PERSONAL mEL~VERY Bob Livingston, City Manager City of University Park City Hall 3800 University Boulevard University Park, Texas 75205 Re: Blocking Streets in Connection With use of Burleson Park Dear Bob: As you know, I reside at 2941 Daniel Avenue, University Park, Texas 75205. That residence is at the southeastern corner of Daniel Avenue and Dublin Street, diagonally across from the old Alumni Center at eMU. The purpose of this letter is to request that no street be closed or access otherwise limited on any street surrounding or in connection with any activity at Surleson Park. In the alternative, if the City of University Park finds it absolutely necessary to allow closure of a street in connection with an activity at Burleson Park to provide for residents in the immediate area to have access (unrestricted) to their residences, and to prevent parking in front of those residences by individuals other than those residents and their families. My request relates primarily to the event held on the night of October 24, 2004, in Burleson Park, which I understand was hosted by The Leukemia & Lymphoma Society (the "LL Society") , which on some basis or other (with or without a permit) concluded it had some right to (and did) barricade Dublin Street between University Boulevard a~d Daniel Avenue. To add to the challenges of the evening, the LL Society also chose to construct a scaffolding blocking one entrance/exit to my circular driveway. I assume that some permit was issued authorizing the use of Burleson Park by the LA Society. It must have been because late Thursday evening, October 21, a "flyer" was stuck in my door (others were scattered around on the ground), a copy of which is attached to this letter as Exhibit "1." I do appreciate the notice which, as I understand it, is required by the current procedures for use of Burleson Park, but I would like to call to your attention that no reference is made in the notice to a closure for any period of time (or limitation of access) of Dublin Street between University Boulevard and Daniel Avenue. The notice also does not provide any Ci:\01 \S CM~UP\Livin gst on 102504 .wpd 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Leukemia lymphoma Society request2.doc 10:55 AM 04/11/05 Bob Livingston, City Manager October 25, 2004 Page 4 cc; Jim and Cindy Struebel 2939 Daniel Avenue University Park, Texas 75205 Don and Theresa Schneider 2944 University Boulevard University Park, Texas 75205 G:\01 \ S C1MXUPX, Livin gst on 102504 .wpd 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Leukemia lymphoma Society request2.doc 10:55 AM 04/11/05 City of University Park 11/16/04 Steven C. Metzger 2626 Cole Avenue, Suite 900 Dallas, Texas 75204-1083 Dear Mr. Metzger, City Manager, Mr. Bob Livingston recently forwarded me a copy of your letter describing your concerns associated with the Leukemia/Lymphoma Society Annual "Night Walk" held at Burleson Park on October 24, 2004. Based on the content of your letter, I indicated to Mr. Livingston that as the Parks Director for the City of University Park, I would like to respond to your concerns since it involves one of city's park sites. After reviewing your letter in detail, it seems that many of the issues you have brought to our attention could have been avoided with better communication between all parties of the event committee and the surrounding homeowners. Issues such as street closures, barricades, crowd control and resident event notice seemed to be ineffectively communicated to our residents in an acceptable and timely manner. In speaking with the Director of Public Works, no permits were either requested or authorized by the city for street closings associated with the referenced event. Also, the apparent verbal responses or actions directed to you and your neighbors (from what I have been told to be a SMU Officer) were unfortunate. In an effort to avoid/eliminate similar issues regarding this event in the future, I am proposing the following recommendation. I am proposing that appointed members of the Parks, Police and Public Works Department staff be directed to serve on the event committee. This will enable all departments the ability to coordinate activities in a manner that is within established guidelines and adopted city operating procedures. I am also recommending that the Director of Parks serve on the committee as the liaison between the event committee and Mr. Livingston, keeping the City Manager informed of any requests or potential conflicts that may impact the surround homeowners. The committee's representatives can also evaluate potential impacts to the neighborhood and II~IVI=~,~ITY PARK TF~×A~ 7Rg{3R-1711 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Leukemia lymphoma Society request2.doc 10:55 AM 04/11/05 City of University Park inform city management prior to the event and communicate to citizens any issues well in advance of the event taking place. Again, we appreciate your letter and hope to use your information to provide an acceptable and equitable means of implementing this event in the future. If you have any additional questions or suggestions regarding the event, Burleson Park or any other questions regarding the park system, please contact me at your convenience. Sincerely, Gerry Bradley Director of Parks 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\Leukemia lymphoma Society request2.doc 10:55 AM 04/11/05 Dear Resident, On Sunday, Oct. 24th The Leukemia & Lymphoma Society will be hosting it's annual Light The Night Walk at Southern Methodist University. Light The Night is a 2-3 mile Walk that celebrates and commemorates lives touched by blood cancers. Our mission is to cure leukemia, lymphoma, Hodgkin's disease and myeloma, and to improve the quality of life of patients and their families. Designated parking areas have been provided by SMU for patrons who are attending this event. However, because we are expecting between 2,000 - 3,OOO participants, parking may become an issue, resulting in some overflow traffic to residential streets. Please accept our sincerest apologies if this occurs on your street, as this event will be raising funds for those who are living with blood cancers. The Light The Night Walk will begin at 5 p.m., and conclude between 8 p.m. and 9 p.m. The City of Highland Park will be providing traffic control for this non-profit event. On behalf of the City and The Leukemia & Lymphoma Society, we thank you for your patience and understanding during this momentus occasion. For more information about the Light The Night Walk, please contact our office Monday through Friday between 9 a,m. and 5 p.m. Warm Regards, Jason L. Vincik Campaign Manager The Leukemia & Lymphoma Society EXHIBIT 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\D0cuments and Settings\nwils0n\L0cal Settings\Temporary Internet Files\OLK31\Leukemia lymph0ma Society request2.d0c 10:55 AM 04/11/05 DATE: TO: FROM: SUBJECT: AGENDA MEMO (4/20/05 AGENDA) April 14, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works Public Hearing Drought Contingency Plan 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 (DCPCMUD) for the development of a Drought Contingency Plan and Water Conservation Plan. Alan Plummer & Associates has completed a draft of the Drought Contingency Plan for this public hearing and subsequent Council consideration. 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. 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. Additional changes from the existing plan include rate surcharges during stages IH and IV and specific criteria that would allow the City or DCPCMUD to initiate a drought stage. All approved Drought Contingency 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. RECOMMENDATION: Staff recommends approval of the Drought Contingency Plan. ATTACHMENTS: Drought Contingency Plan Resolution 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 Adoption Memo (2).doc 9:53 AM 04/14/05 CITY OF UNIVERSITY PARK DROUGHT CONTINGENCY PLAN ADOPTED: APRIL 20, 2005 TABLE OF CONTENTS INTRODUCTION AND OBJECTIVES .............................................................................. 2 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) RULES ................ 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 .................................................................... 8 Procedures for Granting Variances to the Plan ........................................................... 14 Procedures for Enforcing Mandatory Water Use Restrictions ..................................... 15 Coordination with the Regional Water Planning Group .............................................. 16 Review and Update of Drought Contingency Plan ..................................................... 16 APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDICES List of References Texas Commission on Environmental Quality Rules on Drought Contingency Plans Notification Letter to The Texas Commission on Environmental Quality Adoption of Drought Contingency Plan City of University Park Drought Contingency Plan 1 April 12, 2005 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 Park (the City) hereby adopts the following regulations and restrictions on the delivery and consumption of water through a resolution. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply conditions are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section 3 of this Plan. City of University Park Drought Contingency Plan 2 April 12, 2005 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 Description "Provisions to Inform the Public 288.20(a)(1)(A) Section 3.1. and Provide Opportunity for Public Input" "Provisions for continuing Public 288.20(a)(1)(B) Section 3.2. Education and Information" "Coordination with the Regional 288.20(a)(1)(C) Section 3.9. Water Planning Group" "Criteria for Initiation and 288.20(a)(1)(D) Section 3.5. Termination of Drought Stages". "Drought and Emergency 288.20(a)(1)(E) Section 3.6. Response Stages" Quantified Targets for Water Use 288.20 (a)(1)(F) Section 3.6. Reductions During Periods of Water Shortage and Drought. Water Supply and Demand 288.20(a)(1)(G) Section 3.6. Management Measures for Each Stage "Procedures for Initiation and 288.20(a)(1)(H) Section 3.5. Termination of Drought Stages" "Procedures for Granting 288.20(a)(1)(I) Section 3.7. Variances" "Procedures for Enforcement of 288.20(a)(1)(J) Section 3.6. Mandatory Restrictions" "Consultation with Wholesale 288.20(a)(3) Section 3.6. Supplier" "Notification of Implementation 288.20(b) Section 3.6. of Mandatory Measures" 288.20(c) Section 3.10. "Review and Update of Plan" City of University Park Drought Contingency Plan 3 April 12, 2005 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 Education and Information The City will provide continuing public education information about the Drought Contingency Plan, initiation or termination of drought and emergency response stages, or actions required by the public by the following means: Post a bulletin describing the Plan and making it available at City Hall and other appropriate locations. · Make the Plan available to the public through the City's web site. Notify local organizations, schools, and civic groups that staffs are available to make presentations on the Drought Contingency Plan (usually in conjunction with presentations on water conservation programs). · Notify 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 April 12, 2005 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 water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Customer: any person, company, or organization using water supplied by the City of University Park. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Even number address: street addresses or box numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of way and medians. Non-essential water use: water uses that are not essential nor required for the protection of public, health, 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 Park Drought Contingency Plan 5 April 12, 2005 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 any other purposes other than fire fighting. address: street addresses or box numbers ending in 1, 3, 5, 7, or 9. 3.5 Initiations and Termination of Drought Response Stages and Emergencies The Dallas County Park Cities Municipal Utilities District (the District) provides treated water supply to the City and may initiate a drought response stage or water emergency that will affect the City. The City may also experience conditions independent of the District that trigger a drought response stage or water emergency. This section addresses the actions to be followed by both the District and the City when either entity initiates or terminates a drought response stage or water emergency. Initiation of a Drought Response Stage or Water Emergency At such time that the District initiates a specific drought response stage or water emergency, the City Manager, or official designee, will order the implementation of the water use reduction measures associated with that specific drought stage as described in Section 3.6. The following actions will be 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 April 12, 2005 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 activated, 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. The City Manager, or official designee, may decide not to order the implementation of a drought response stage or water emergency even though one or more of the City's trigger criteria for the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs. The reason for this decision shall be documented. Termination of a Drought Response Stage or Water Emergency The District may order the termination of a District initiated drought response stage or water emergency when the conditions for termination are met or at their discretion. The following actions will be taken when the District terminates a drought or emergency stage: · The City will be notified by telephone with a follow-up letter, e-mail, or fax. If the 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 Park Drought Contingency Plan 7 April 12, 2005 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 maintained by the City. 3.6 Drought and Emergency Response Stages Stage I - Water Shortage Possibility Initiation and Termination Conditions for Stage I The City will initiate Stage I when one or more of the following occur: · The City's water use is approaching the limit of its contracted supply. The City's demand exceeds 90% of its delivery capacity for seven consecutive days. The City's water demand for any portion of the delivery system approaches the delivery capacity. · The City's supply source(s) or delivery system becomes contaminated. The City's water supply system is unable to deliver water due to the failure or damage of major 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. o Grapevine Reservoir becomes contaminated. City of University Park Drought Contingency Plan 8 April 12, 2005 The District's demand exceeds 90% of its delivery capacity for seven consecutive days. The District's water supply system is unable to deliver water to the City due to the failure or damage of major 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 Stage ! is intended to raise public awareness of potential drought problems. The goal for water use under Stage ! is a voluntary reduction of 2% of the use that would have occurred in the absence of drought contingency measures. The City Manager, or official designee, will implement all of the elements of Stage ! listed below: · Reduction in water use for all municipal operations. · Request voluntary reductions in water use by the public. · Increase public education efforts on ways to reduce water use. Notify major water users and work with them to achieve voluntary water use reductions. · City staff will begin a review of the problems that initiated action of Stage I. · Intensify efforts on leak detection and repair. · Ask the public to follow voluntary landscape irrigation schedules. Stage II - Water Shortage Watch Initiation and Termination Conditions for Stage The City will initiate Stage I! when one or more of the following occur: · The City's demand exceeds 95% of its delivery capacity for five 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 Park Drought Contingency Plan 9 April 12, 2005 The City's water supply system is unable to deliver water due to the failure or damage of major water system components. The District has initiated Stage II. This may occur with one or more of the following: 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. cD Grapevine Reservoir becomes contaminated. cD The District's demand exceeds 95% of its delivery capacity for five consecutive days. cD The District's water system is unable to deliver water to the City due to the failure or damage of major water system components. cD Any other condition that would cause the District to initiate Stage II. Stage I! can terminate when circumstances that caused the initiation of Stage I! no longer prevail. Goal for Use Reduction and Actions Available under Stage The City Manager, or official designee will implement all of the elements of Stage II. The goal for water use reduction under Stage I! is 5% of the use that would have occurred in the absence of drought contingency measures. All elements of Stage ! shall remain in effect during Stage II. Upon implementation by the City Manager, or official designee, and publication of notice, the City will impose mandatory water reduction requirements on customers. The City must notify the TCEQ within five business days if the following measures are implemented: City Manager or other designated municipal officials, announce the beginning of mandatory water reduction. · Initiate engineering studies to evaluate alternatives should conditions worsen. 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 City of University Park Drought Contingency Plan l 0 April 12, 2005 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 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 use of metered fire hydrant water by the City or by commercial operators using jet rodding equipment to clear and clean sanitary and storm sewers and for use in street sweeping emergency situations only. Water used for aesthetic purposes is prohibited, unless water is reused or recirculated. The use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or any other hard-surfaced areas, or building exteriors and interiors, trailers, and motor homes, except in the interest of public health, is prohibited. · The use of water for dust control is prohibited. Any use of water for the purposes or in a manner prohibited in this condition shall be deemed to be a waste of water. Stage III - Water Shortage Warning Initiation and Termination Conditions for Stage II! The City will initiate Stage II! when one or more of the following: · The City's demand exceeds 98% of its delivery capacity for three consecutive days. The City's demand for any portion of the delivery system exceeds the delivery capacity. · The City's supply source becomes contaminated. City of University Park Drought Contingency Plan 1 1 April 12, 2005 The City's water supply system is unable to deliver water due to the failure or damage of major water system components. The District initiates Stage III. This may occur with one or more of the following: o The water level in Grapevine reservoir has fallen below elevation 520.0 msl (15 feet below the top of conservation storage), but remains above 515.0 feet msl. o Grapevine reservoir has been contaminated. o The District's demand exceeds 98% of its delivery capacity for three consecutive days. o The District's water supply system is unable to deliver water to the City due to the failure or damage of major water system components. o The District's water use is approaching the limit of the permitted supply. o Any other condition that would cause the District to initiate Stage III. Stage III can terminate when the circumstances that caused the initiation of Stage III no longer prevail. Goals for Use Reduction and Actions Available under Stage III The City Manager, or official designee, will implement all of the elements of Stage III. The goal for water reduction under Stage II! is 10% of the use that would have occurred in the absence of drought contingency measures. All elements of Stage I! shall remain in effect during Stage III. Upon implementation by the City Manager, or official designee, and publication of notice, the City will impose mandatory water reduction requirements on customers. The City must notify the TCEQ within five business days if the following measures are implemented: · Prohibit all aesthetic water use. · Prohibit washing or rinsing of all mobile equipment by hose. Limit landscape and lawn watering at each service address to twice a week, based on the last digit of the address. Residences with street addresses ending in even numbers are allowed to water on Sundays and Thursdays. Residences with street addresses ending in odd numbers are allowed to water on Saturdays and Wednesdays. (Exceptions: Foundations and new plantings (first year) of trees and shrubs may be watered for up to two hours on any day by a hand-held hose equipped with a positive shutoff valve, soaker hose, or a hand-held bucket or water can). City of University Park Drought Contingency Plan 12 April 12, 2005 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. 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. Prohibit the establishment of new landscaping and/or the use of water for new planting and landscaping. Discontinue City government water use for landscape irrigation, except as needed to prevent foundation damage. Implement pro rata curtailment of water usage to commercial customers. Initiate a rate surcharge of 30% for all water use over 12,000 gallons per month. Stage IV-Water Shortage Emergency Initiation and Termination Conditions for Stage IV The City will initiate Stage IV when one or more of the following occurs: · The City's demand exceeds the amount that can be delivered to customers. · The City's demand for any portion of the delivery system seriously exceeds delivery capacity. · 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 major water system components. · The District has initiated Stage IV. This may occur with one or more of the following: o The water level in Lake Grapevine has fallen below elevation 515.0 msl (20 feet below the top of conservation storage). City of University Park Drought Contingency Plan 13 April 12, 2005 Grapevine Reservoir becomes contaminated. The District's demand exceeds its delivery capacity. The District's water supply system is unable to deliver water to the City due to the failure or damage of major water system components. The District's water use is approaching the limit of the permitted supply. 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 of the elements of Stage IV. The goal for water use reduction under Stage IV is 25% of the use that would have occurred in the absence of drought contingency. If circumstances warrant or are required by the District, the City Manager or official designee can set a goal for a greater water use reduction. The City Manager or official designee must implement any action(s) required by the District. All elements of Stage III shall remain in effect during Stage IV. Upon implementation by the City Manager, or official designee, and publication of notice, the City will impose mandatory water reduction requirements on customers. The City must notify the TCEQ within five business days if the following measures are implemented. · Implement viable alternative water supply strategies. · All outdoor use by residential, commercial, and industrial customers is prohibited. All allocations of water use to commercial customers shall be in the amount as established after consultation with The City Manager or their designee. The maximum monthly usage for a residential customer shall be established with a revised rate schedule and a 60% surcharge for all usage above 12,000 gallons per month. The City Manager, or official designee, shall take those actions deem necessary to meet the conditions resulting from the emergency. 3.7 Procedures for Granting Variances to the Plan City of University Park Drought Contingency Plan 14 April 12, 2005 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 in water use can be implemented. Variances shall be granted or denied at the discretion of the City Manager, or official designee. All petitions for variances should be in writing and should include the following information: · Name and address of the petitioners. · Purpose of water use. · Specific provisions from which relief is requested. Detailed statement of the adverse effect of the provision from which relief is requested. · Description of the relief requested. · Period of time for which the variance is sought. · Alternative measures that will be taken to reduce water use. · Other pertinent information. 3.8 Procedures for Enforcing Mandatory Water Use Restrictions Mandatory water use restrictions may be imposed in Stage II, Stage III and Stage IV drought stages. These mandatory water use restrictions will be enforced by warnings and penalties as follows: 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. City of University Park Drought Contingency Plan 1 5 April 12, 2005 After two violations have occurred, the City may install a flow restrictor in the line to limit the amoum 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. Appendix D comains an ordinance to be adopted by the City Council adopting the Drought Comingency Plan and enforcemem 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 plan every five years. The plan will be updated as appropriate based on new or updated information. City of University Park Drought Contingency Plan 16 April 12, 2005 APPENDIX A LIST OF REFERENCES 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://www.tnrcc.state.tx.us/oprd/rules/pdflib/288b.pdf, October 7, 2004. (2) Town of Highland Park, City of University Park, and Dallas County Park Cities Municipal District: 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 Water District Member Cities and Customers, prepared for North Texas Muncipal Water District, Fort Worth, August 2004 (4) Texas Commission on Environmental Quality: Handbook for Drought Contingency Planning for Retail Public Water Suppliers, September 2004. APPENDIX B TEXAS COMMISSION ON ENVIRONEMTNAL QUALITY RULES ON DROUGHT CONTINGENCY PLANS 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 applicable, must include the following minimum elements. (1) Minimum requirements. Drought contingency plans must include the following minimum elements: (A) Preparation of the plan shall include provisions to actively inform the public and affirmatively provide opportunity for public input. Such acts may include, but are not limited to, having a public meeting at a time and location convenient to the public and providing written notice to the public concerning the proposed plan and meeting. (B) Provisions shall be made for a program of continuing public education and information regarding the drought contingency plan. (C) The drought contingency plan must document coordination with the regional water planning groups for the service area of the retail public water supplier to ensure consistency with the appropriate approved regional water plans. (D) The drought contingency plan must include a description of the information to be monitored by the water supplier, and specific criteria for the initiation and termination of drought response stages, accompanied by an explanation of the rationale or basis for such triggering criteria. (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). (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 appropriate (e.g., interconnection with another water system, temporary use of a non-municipal water supply, use of reclaimed water for non-potable purposes, etc.). (H) The drought contingency plan must include the procedures to be followed for the initiation or termination of each drought response stage, including procedures for notification of the public. (I) The drought contingency plan must include procedures for granting variances to the plan. (J) The drought contingency plan must include procedures for the enforcement of mandatory water use restrictions, including specification of penalties (e.g., fines, water rate surcharges, discontinuation of service) for violations of such restrictions. (2) Privately-owned water utilities. Privately-owned water utilities shall prepare a drought contingency plan in accordance with this section and incorporate such plan into their tariff. (3) Wholesale water customers. Any water supplier that receives all or a portion of its water supply from another water supplier shall consult with that supplier and shall include in the drought contingency plan appropriate provisions for responding to reductions in that water supply. (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 APPENDIX C NOTIFICATION LETTER TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY EXAMPLE NOTIFICATION LETTER 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 Drought Contingency Plan Mandatory Water Reduction Measure Notification Dear Sir, Pursuant to Title 30, Texas Administrative Code, Chapter 288, Subchapter B, the City of University Park is hereby notifying the Commission that the following mandatory provisions of the Drought Contingency Plan shown on the attached sheet have been implemented/terminated. If you have any questions concerning this notification, please contact [name] at [phone number]. Respectfully yours, The City of University Park [Author of Correspondence] [Title of Author] [Author's Initials/Typist's Initials] Enclosure[s (#)] 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 STAGE I * II III IV Reduction in municipal water use Reduction in public water use Increased public awareness Reductions by major water users Increased leak detection & repair Landscape/lawn watering schedules Washing mobile equip w/buckets Washing buildings, paving, etc. prohibited Mandatory repair of defective plumbing No Water line flushing Once-through fountain use prohibited Use of Ornamental fountains prohibited Washing & rinsing of mobile equip prohibited Landscape/lawn watering twice per week Make-up water in pools prohibited (private) Make-up water in pools prohibited (municipal) Make-up water in pools prohibited (public) No new landscaping/no water new landscaping No watering of government landscaping/lawn Surcharge rate of % All outdoor use by residential, commercial, and industrial customers is prohibited Allocation of commercial customers Revised residential rate schedule w/penalty Other (describe) * All measures are voluntary. APPENDIX D ADOPTION OF DROUGHT CONTINGENCY PLAN RESOLUTION FOR ADOPTION OF A DROUGHT CONTINGENCY PLAN RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A DROUGHT CONTINGENCY PLAN FOR THE CITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park recognizes that the amount of water available to its customers is limited and subject to depletion during periods of extended drought; WHEREAS, the City Council recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas Commission on Environmental Quality require all public water supply systems in Texas to prepare a drought contingency plan; and WHEREAS, as authorized under law, and in the best interests of its customers, the City of University Park, Texas, deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the 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 City of University Park. SECTION 2. That the City Manager is hereby directed to implement, administer, and enforce the Drought Contingency Plan. SECTION 3. That this resolution shall take effect immediately upon its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of April 2005. APPROVED: JAMES H. HOLMES iii, MAYOR ATTEST: NiNA WILSON, CITY SECRETARY AGENDA MEMO (4/20/05 AGENDA) DATE: TO: FROM: SUBJECT: April 13, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works Water Conservation Plan 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 (DCPCMUD) for the development of a Drought Contingency Plan and Water Conservation Plan. Alan Plummer & Associates has completed a draft of the Water Conservation Plan for Council consideration. State law requires public retail water providers to submit approved conservation plans that contain quantifiable five and ten year goals for per capita municipal use. To determine quantifiable goals, the plan must first establish a baseline from which to evaluate the goals. The base, calculated as the average gallons per capita per day (gpcd) between the years 2000 and 2004, is 212 gpcd. Based upon the base, the following water conservation goals are proposed: 5-year goals · Total water use of 201 gpcd (5% reduction in total gpcd from the baseline year) · Reduce unaccounted for water to 12% or less. 1 O-year goals · Total water use of 197 gpcd (7% reduction in total gpcd from the baseline year) · Reduce unaccounted for water to 10% or less. All approved Water Conservation Plans must be submitted to the Texas Commission on Environmental Quality by May 1, 2005. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31\Water Conservation Plan Adoption Memo.doc 4:20 PM 04/13/05 RECOMMENDATION: Staff recommends approval of the Water Conservation Plan. ATTACHMENTS: Water Conservation Plan Resolution 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Water Conservation Plan Adoption Memo.doc 4:20 PM 04/13/05 CITY OF UNIVERSITY PARK WATER CONSERVATION PLAN ADOPTED: APRIL 20, 2005 2. 3. 4. 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 TABLE OF CONTENTS INTRODUCTION AND OBJECTIVES .......................................................................... 2 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES .......................... 3 SPECIFICATION OF WATER CONSERVATION GOALS .......................................... 4 MINIMUM CONSERVATION PLAN REQUIREMENTS ............................................. 4 Water Utility Profile .................................................................................................... 4 Accurate Metering of Treated Water Delivery from the District ................................... 4 Universal Metering, Meter Testing and Repair, and Periodic Meter Replacement ........ 5 Determination and Control of Unaccounted For Water ................................................. 5 Continuing Public Education and Information Campaign ............................................. 5 Water Rate Structure .................................................................................................... 6 City of University Park' s Reservoir System Operation Plan ......................................... 6 Implementation and Enforcement ................................................................................ 6 Coordination with Region C Water Planning Group .....................................................6 Leak Detection, Repair, and Water Loss Accounting ...................................................6 Record Management System ........................................................................................ 6 OTHER WATER CONSERVATION MEASURES ........................................................ 7 5.1 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures ......................... 7 5.2 Landscape Water Management Regulations ................................................................. 7 APPENDICES APPENDIX A APPENDIX B APPENDIX C APPENDIX D List of References Texas Commission on Environmental Quality Rules on Municipal Water Conservation Plans City of University Park Water Utility Profile Adoption of Water Conservation Plan City of University Park Water Conservation Plan 1 04/12/05 Water Conservation Plan for The City of University Park April 2005 1. INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. Additional supplies to meet increased demand will be difficult and expensive to develop. It is important that the City of University Park (the City) make efficient use of its water supplies. The City procures its water from the Dallas County Park Cities Municipal Utility District (the District) who maintains senior water rights in Grapevine Lake. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation plans for public water suppliers. TCEQ guidelines and requirements are included in Appendix B. The objectives of this water conservation plan are as follows: · Reduce seasonal peak demands · Reduce the loss and waste of water. · Improve the efficient use of water. · Decrease unaccounted for water · Maintain quality of life. City of University Park Water Conservation Plan 2 04/12/05 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code, which is included in Appendix B. For the purpose of these rules, a water conservation plan is defined as "a strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water." The elements in the TCEQ water conservation rules covered in this conservation plan are listed below. Minimum Conservation Plan Requirements The minimum requirements in the Texas Administrative Code for Water Conservation Plans are covered in this report as follows: TCEQ Rule Location in Plan Description 288.2(a)(1)(A) Section 4.1 Utility Profile 288.2(a)(1)(C) Section 3 Specification of Goals 288.2(a)(1)(D) Section 4.2 Accurate Metering 288.2(a)(1)(E) Section 4.3 Universal Metering Determination and Control of 288.2(a)(1)(F) Section 4.4 Unaccounted for Water Public Education and 288.2 (a)(1)(G) Section 4.5 Information Program Non-Promotional Water Rate 288.2(a)(1)(H) Section 4.6 Structure 288.2(a)(1)(I) Section 4.7 Reservoir System Operation Plan Means of Implementation and 288.2(a)(1)(J) Section 4.8 Enforcement Coordination with Regional 288.2(a)(1)(K) Section 4.9 Water Planning Group Leak Detection, Repair, and 288.2(a)(2)(A) Section 4.10 Water Loss Accounting 288.2(a)(2)(B) Section 4.11 Record Management System City of University Park Water Conservation Plan 3 04/12/05 Additional Conservation Strategies TCEQ rules also list optional conservation strategies, which may be adopted by suppliers. The following optional strategies have been adopted by the City: TCEQ Rule Location in Plan Description Ordinances, Plumbing Codes or 288.2(a)(3)(B) Section 5.1 Rules on Water-Conserving Fixtures Considerations for Landscape 288.2(a)(3)(F) Section 5.2 Water Management Regulations 3. SPECIFICATION OF WATER CONSERVATION GOALS Rule 288.2(a)(1)(C) requires the adoption of specific water conservation goals for a water conservation plan. The City has developed 5-year and 10-year goals for the reduction of per capita municipal use, following TCEQ procedures described in the water utility profile (Appendix C). These reduction goals, expressed in gallons per capita per day (gpcd), are based on the average gpcd for the City for the last five years (2000 through 2004), which is 212 gpcd. 5-year goals Total water use of 201 gpcd (5% reduction in total gpcd from the base line year) Reduce unaccounted for water to 12% or less. O-year goals Total water use of 197 gpcd (7% reduction in total gpcd from the baseline year) Reduce unaccounted for water to 10% or less. 4. MINIMUM CONSERVATION PLAN REQUIREMENTS 4.1 Water Utility Profile Rule 288.2(a)(1)(A) requires the City to submit a Water Utility Profile to the TCEQ. The completed profile is included as Appendix C, which includes data on existing and projected service populations, number of connections, historical metered water sales and water production, and general utility system information. 4.2 Accurate Metering of Treated Water Delivery from the District The District supplies all of the water used by the City. Water delivery to the District is metered by one venturi meter, which is calibrated to an accuracy of 1% on a bi-annual basis. A daily analysis of the meter is performed by computer and graphed for trends. City of University Park Water Conservation Plan 4 04/12/05 4.3 Universal Metering, Meter Testing and Repair, and Periodic Meter Replacement The City currently requires metering of all connections. Individual metering is required at all single-family residences. Currently there is no meter testing and replacement program in place. Meters will be tested for accuracy at the customer's request and replaced if an error of more than 2% is discovered. The City will implement a program to ensure that all meters are tested periodically and calibrated in accordance with American Water Works Association (AWWA) standards to an accuracy of plus or minus 2%. Residential meters shall be replaced at 15-year intervals while larger commercial meters shall be replaced on 5-year intervals. 4.4 Determination and Control of Unaccounted For Water Unaccounted for water is the difference between the amount of water supplied by the District and the amount of water delivered (sold) to customers plus authorized but unmetered uses such as fire fighting, releases for flushing of lines, and uses associated with new construction. Unaccounted water can include several categories: Inaccuracies in customer meters. Unmetered uses such as firefighting and line flushing Accounts that are being used but have not yet been added to the billing system. Losses due to water main breaks and leaks in the water distribution system. Losses due to illegal connections and theft. Other. The volume of unaccounted for water for the last five years is reported in the Utility Profile in Appendix C. The City's unaccounted for water percentage has been higher than the national average of 12%. The City will implement an intensive audit to determine the source(s) of and reduce the unaccounted water. 4.5 Continuing Public Education and Information Campaign The continuing public education and information campaign on water conservation will be expanded to include the following elements: Insert water conservation information with water bills. Inserts will include material developed by the City's and the District's staff and material obtained from the Texas Water Development Board (TWDB), the TCEQ, and other sources. Encourage local media coverage of water conservation issues and the importance of water conservation. Notify local organizations, schools, and civic groups that the City's or the District's staff are available to make presentations on the importance of water conservation and ways to save water. City of University Park Water Conservation Plan 5 04/12/05 Make the Texas Smartscape CD, water conservation brochures, and other water conservation materials available to the public at City Hall and other public places. Make information on water conservation available on its website and include links to the Texas Smartscape website and to information on water conservation on the TWDB and TCEQ web sites. 4.6 Water Rate Structure The City presently charges customers a monthly fee per water meter depending on size. This initial charge includes the first 2,000 gallons of water. Water used above the initial 2,000 gallons is charged at a rate of $2.47 per 1000 gallons. During the months of May through October, customers are charged an additional $0.68 per 1,000 gallons for all consumption over 11,500 gallons per month. This surcharge is in place to discourage excessive water use during the peak demand season. 4.7 City of University Park's Reservoir System Operation Plan The City purchases treated water from the District and does not have surface water supplies for which to implement a reservoir system operation plan. 4.8 Implementation and Enforcement Appendix D contains a resolution adopted by the City Council regarding this water conservation plan. The ordinance designates responsible officials to implement and enforce the water conservation plan. 4.9 Coordination with Region C Water Planning Group The Chair of the Region C water-planning group has been provided a copy of this water conservation plan. 4.10 Leak Detection, Repair, and Water Loss Accounting The City currently maintains a leak detection program designed to reduce the loss of water due to leaks and water main breaks. Most leaks are discovered by the visual observation of both the public and meter readers. City Services continually checks and services transmission and storage facilities to ensure that any leaks or main breaks in these areas are quickly contained and repaired. 4.11 Record Management System As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), the City's current record management system allows for the separation of water sales and uses into residential, commercial, public/institutional, and industrial categories. City of University Park Water Conservation Plan 6 04/12/05 5. OTHER WATER CONSERVATION MEASURES 5.1 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures The State of Texas has required water-conserving fixtures in new construction and renovations since 1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for faucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are now required nationally under federal law. These state and federal standards assure that all new construction and renovations will use water-conserving fixtures. 5.2 Landscape Water Management Regulations The City has adopted the following landscape water management regulations intended to minimize waste in landscape irrigation: · Ordinance prohibiting the waste of water Requirement that all irrigation systems include a freeze sensor to prevent the system from operating when the temperature drops below 38° F. Prohibition of irrigation systems that spray directly onto impervious surfaces or onto other non-irrigated areas. (Wind driven water drift will be taken into consideration.) Enforcement of the regulations by a system of warnings followed by fines for continued or repeat violations. City of University Park Water Conservation Plan 7 04/12/05 APPENDIX A LIST OF REFERENCES Appendix A List of References Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and 288.2, and Subchapter B, Rule 288.20, downloaded from http://www.tnrcc.state.tx.us/oprd/rules/pdflib/288a.pdf, November 2003. (2) Town of Highland Park, City of University Park, and Dallas County Park Cities Municipal District: Water Conservation and Drought Contingency Plan for the Dallas' County Park Cities Municipal Utility District, July 1991 (3) Freese and Nichols, Inc.: North Texas Municipal Water District Water Conservation and Drought Management Plan, prepared for the North Texas Municipal Water District, Fort Worth, February 2003. (4) City of Dallas: City of Dallas Water Conservation Plan (DrafO, April 2005 APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS APPENDIX B Texas Commission on Environmental Quality Rules on Water Conservation Plans Texas Commission on Environmental Quality Chapter 288 - Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements SUBCHAPTER A: WATER CONSERVATION PLANS §§288.1 Effective October 7, 2004 §288.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agricultural or Agriculture - Any of the following activities: (A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; (B) the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non-soil media by a nursery grower; (C) raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; (D) raising or keeping equine animals; (E) wildlife management; and (F) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure. (2) Agricultural use - Any use or activity involving agriculture, including irrigation. (3) 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 water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. (4) Drought contingency plan - 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. A drought contingency plan may be a separate document identified as such or may be contained within another water management document(s). (5) Industrial use - The use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, commercial fish production, and the development of power by means other than hydroelectric, but does not include agricultural use. (6) Irrigation - The agricultural use of water for the irrigation of crops, trees, and pastureland, including, but not limited to, golf courses and parks which do not receive water through a municipal distribution system. (7) Irrigation water use efficiency - The percentage of that amount of irrigation water which is beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from the source(s) of supply. Beneficial uses of water for irrigation purposes include, but are not limited to, evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching requirements associated with irrigation. (8) Mining use - The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field repressuring. (9) Municipal per capita water use - The sum total of water diverted into a water supply system for residential, commercial, and public and institutional uses divided by actual population served. (10) Municipal use - The use of potable water within or outside a municipality and its environs whether supplied by a person, privately owned utility, political subdivision, or other entity as well as the use of sewage effluent for certain purposes, including the use of treated water for domestic purposes, fighting fires, sprinkling streets, flushing sewers and drains, watering parks and parkways, and recreational purposes, including public and private swimming pools, the use of potable water in industrial and commercial enterprises supplied by a municipal distribution system without special construction to meet its demands, and for the watering of lawns and family gardens. (11) Municipal use in gallons per capita per day - The total average daily amount of water diverted or pumped for treatment for potable use by a public water supply system. The calculation is made by dividing the water diverted or pumped for treatment for potable use by population served. Indirect reuse volumes shall be credited against total diversion volumes for the purpose of calculating gallons per capita per day for targets and goals. (12) Nursery grower - A person engaged in the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or nonsoil media, who grows more than 50% of the products that the person either sells or leases, regardless of the variety sold, leased, or grown. For the purpose of this definition, grow means the actual cultivation or propagation of the product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes activities associated with the production or multiplying of stock such as the development of new plants from cuttings, grafts, plugs, or seedlings. (13) Pollution - The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. (14) Public water supplier - An individual or entity that supplies water to the public for human consumption. (15) Regional water planning group - A group established by the Texas Water Development Board to prepare a regional water plan under Texas Water Code, § 16.053. (16) Retail public water supplier - An individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants when that water is not resold to or used by others. (17) Reuse - The authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state-owned water. (18) Water conservation plan - A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management document(s). (19) Wholesale public water supplier - An individual or entity that for compensation supplies water to another for resale to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants as an incident of that employee service or tenancy when that water is not resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for a delivery fee. Adopted September 15, 2004 Effective October 7, 2004 Texas Commission on Environmental Quality Chapter 288 - Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements SUBCHAPTER A: WATER CONSERVATION PLANS §§288.2 Effective October 7, 2004 §288.2. Water Conservation Plans for Municipal Uses by Public Water Suppliers. (a) A water conservation plan for municipal water use by public water suppliers must provide information in response to the following. If the plan does not provide information for each requirement, the public water supplier shall include in the plan an explanation of why the requirement is not applicable. (1) Minimum requirements. All water conservation plans for municipal uses by public drinking water suppliers must include the following elements: (A) a utility profile including, but not limited to, information regarding population and customer data, water use data, water supply system data, and wastewater system data; (B) until May 1, 2005, specification of conservation goals including, but not limited to, municipal per capita water use goals, the basis for the development of such goals, and a time frame for achieving the specified goals; (C) beginning May 1, 2005, specific, quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals for municipal use, in gallons per capita per day. The goals established by a public water supplier under this subparagraph are not enforceable; (D) metering device(s), within an accuracy of plus or minus 5.0% in order to measure and account for the amount of water diverted from the source of supply; (E) a program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement; (F) measures to determine and control unaccounted-for uses of water (for example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections; abandoned services; etc.); (G) a program of continuing public education and information regarding water conservation; (H) a water rate structure which is not "promotional," i.e., a rate structure which is cost-based and which does not encourage the excessive use of water; (I) a reservoir systems operations plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin in order to optimize available water supplies; and (J) a means of implementation and enforcement which shall be evidenced by: (i) a copy of the ordinance, resolution, or tariff indicating official adoption of the water conservation plan by the water supplier; and (ii) a description of the authority by which the water supplier will implement and enforce the conservation plan; and (K) documentation of coordination with the regional water planning groups for the service area of the public water supplier in order to ensure consistency with the appropriate approved regional water plans. (2) Additional content requirements. Water conservation plans for municipal uses by public drinking water suppliers serving a current population of 5,000 or more and/or a projected population of 5,000 or more within the next ten years subsequent to the effective date of the plan must include the following elements: (A) a program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system in order to control unaccounted-for uses of water; (B) a record management system to record water pumped, water deliveries, water sales, and water losses which allows for the desegregation of water sales and uses into the following user classes: (i) residential; (ii) commercial; (iii) public and institutional; and (iv) industrial; (C) a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements in this chapter. If the customer intends to resell the water, the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with the provisions of this chapter. (3) Additional conservation strategies. Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements in paragraphs (1) and (2) of this subsection, if they are necessary to achieve the stated water conservation goals of the plan. The commission may require that any of the following strategies be implemented by the water supplier if the commission determines that the strategy is necessary to achieve the goals of the water conservation plan: (A) conservation-oriented water rates and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not fiat rate or decreasing block rates; (B) adoption of ordinances, plumbing codes, and/or rules requiring water- conserving plumbing fixtures to be installed in new structures and existing structures undergoing substantial modification or addition; (C) a program for the replacement or retrofit of water-conserving plumbing fixtures in existing structures; (D) reuse and/or recycling ofwastewater and/or graywater; (E) a program for pressure control and/or reduction in the distribution system and/or for customer connections; (F) a program and/or ordinance(s) for landscape water management; (G) a method for monitoring the effectiveness and efficiency of the water conservation plan; and (H) any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. (b) A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to Required Water Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements of this section and other applicable commission rules may be submitted to meet application requirements in accordance with a memorandum of understanding between the commission and the Texas Water Development Board. (c) Beginning May 1, 2005, a public water supplier for municipal use shall review and update its water conservation plan, as appropriate, based on an assessment of previous five-year and ten-year targets and any other new or updated information. The public water supplier for municipal use shall review and update the next revision of its water conservation plan not later than May 1, 2009, and every five years after that date to coincide with the regional water- planning group. Adopted September 15, 2004 Effective October 7, 2004 APPENDIX C WATER UTILITY PROFILE APPENDIX D ADOPTION OF WATER CONSERVATION PLAN RESOLUTION FOR ADOPTION OF A WATER CONSERVATION PLAN RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A WATER CONSERVATION PLAN FOR THE CITY OF UNIVERSITY PARK, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park recognizes that the amount of water available to its customers is limited; and WHEREAS, the City of University Park recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City of University Park cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City adopt a Water Conservation Plan; and WHEREAS, the City of University Park has determined an urgent need in the best interest of the public to adopt a Water Conservation Plan; and WHEREAS, the City of University Park desires to adopt the Water Conservation Plan as its official policy for the conservation of water. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Water Conservation 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 City of University Park. SECTION 2. That the City of University Park is hereby directed to implement, administer, and enforce the Water Conservation Plan. SECTION 3. This resolution shall take effect immediately upon its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the day of 2005. APPROVED: JAMES H. HOLMES iii, MAYOR ATTEST: NINA WILSON, CITY SECRETARY RESOLUTION FOR ADOPTION OF A WATER CONSERVATION PLAN RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A WATER CONSERVATION PLAN FOR THE CITY OF UNIVERSITY PARK, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park recognizes that the amount of water available to its customers is limited; and WHEREAS, the City of University Park recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City of University Park cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City adopt a Water Conservation Plan; and WHEREAS, the City of University Park has determined an urgent need in the best interest of the public to adopt a Water Conservation Plan; and WHEREAS, the City of University Park desires to adopt the Water Conservation Plan as its official policy for the conservation of water. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Water Conservation 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 City of University Park. SECTION 2. That the City of University Park is hereby directed to implement, administer, and enforce the Water Conservation Plan. SECTION 3. This resolution shall take effect immediately upon its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of April 2005. APPROVED: JAMES H. HOLMES iii, MAYOR ATTEST: NiNA WILSON, CITY SECRETARY AGENDA MEMO (4/5/05 AGENDA) DATE: TO: FROM: SUBJECT: April 13, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works Sidewalk Replacement Program ITEM: During the March 15, 2005 City Council meeting, staff presented Council with information regarding sidewalk replacement programs throughout other cities. A sidewalk replacement program is being considered in response to a citizen request for the transfer of responsibility for sidewalk maintenance and replacement from the abutting property owner to the City. Staff requests feedback from Council regarding a proposed plan that would maintain responsibility for sidewalk repair and maintenance with the abutting property owner. However, the City would offer financial assistance to the abutting property owner for those sections of sidewalk that meet specific replacement criteria. Under the proposed program the following procedures would be established: · Prior to replacing sidewalk, abutting property owner notifies code enforcement staff of the sections of sidewalk requesting financial assistance. · Program limited to sidewalk constituting a code violation. · Code enforcement officers schedule inspection to determine the total square footage eligible for financial assistance (based upon established replacement criteria). · Property owner hires private contractor to perform sidewalk repair. · Inspection scheduled to ensure repairs have been completed as required. · Financial assistance provided once sidewalk repairs are complete. Sidewalk Replacement Program Cost Overview Average Complaints Per Year Average Square Footage per Complaint Proposed Financial Assistance Estimated Program Cost to Resolve all Complaints 50 100 $7/sq. ft. 35,000 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31\Sidewalks Part II.doc 11:59 AM 04/1: Financial assistance would be provided at a flat rate of seven ($7) dollars per square foot of sidewalk replaced. This figures represents the per square foot cost of replacing sidewalk with a city crew. However, this figure represents an estimated fifty (50%) percent of the total costs a private contractor will charge to property owners. Depending upon the total square footage of sidewalk, private contractors are charging between fifteen ($15) and twenty-five ($25) dollars to property owners for this service. RECOMMENDATION: ATTACHMENTS: City of Plano Sidewalk Replacement Criteria 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31\Sidewalks Part II.doc 11:59 AM 04/1: SIDEWALK REPLACEMENT CRITERIA Criteria for sidewalk replacement will be as follows: 1. Sidewalk must be located within the City of Plano street right-of-way or easement. 2. Sidewalk that has surface spalling with a depth of lA inch or greater and covers 50% or greater of the area to be replaced. 3. Sidewalk cross fall that is 1 lA inches or greater than the City's sidewalk specifications (1/4"/Foot) found in the City's Standard Construction Details. (2 lA" total on a 4' walk) 4. A sidewalk section that is missing pieces that create a safety hazard, not chips or cracks that are cosmetic in nature. 5. Sidewalk sections longitudinal that have a dip of 2 3¼ inches or greater. 6. Sidewalk sections that are adjoining have a lA inch or greater difference in levelness. 7. Provide a 36-inch minimum clearance for obstructions located in sidewalks (ie. mailboxes, utility poles, fire hydrants. Established 10-01-1996 Revised 02-01-2000 Revised 11-03-2004 AGENDA MEMO (04-20-05 AGENDA) DATE: TO: FROM: SUBJECT: April 11, 2005 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider proposal from R.L. Goodson in the amount of $10,500 to provide engineering and surveying services associated with the development of platting and rezoning City-owned property at City Hall and Goar Park. Background. Work has been proceeding on the design of Park and City hall improvements for the past several years. The design is nearing completion, and a prerequisite to issuing a building permit for the City Hall addition is platting and rezoning the site. To that end, staff solicited a proposal from R.L. Goodson to provide the surveying and engineering services to develop a new subdivision plat and to prepare and assimilate the documentation necessary for a Planned Development for rezoning the City Hall site. Recommendation. Staff recommends City Council approval of the R.L. Goodson proposal, subject to deleting the "limit of liability" clause. RAYMOND L. GOODSON JR., INC. CONSULTING ENGINEERS March 28, 2005 Mr. Bud Smallwood City of University Park 4420 Worcola Dallas, Texas 75206 Re; City Hall and Gear Park Turtle Creek Blvd., Vassar Drive, Haynie Avenue, University Blvd. City of University Park, TX Dear Mr. Smallwood: Pursuant to your request, we have prepared the following proposal for surveying services for the above referenced project. The scope of work will be as follows: PREPARATION OF SUBDIVISION PLAT - TWO (2) LOTS B. C. D. E. Perform boundary, improvement and topographic survey as required for preliminary plat submittal to the City of University Park. Monument property corners. Obtain northing and easting coordinates of boundary corners based on the City of University Park coordinate system. Prepare and submit preliminary and final plats per the City of University Park requirements. Establish 100 year floodway easement using the 100 year flood plain water surface at the property as published in the Federal Emergency Management Agency maps, subject to approval by the City of University Park. This proposal does not include flood studies to determine the 100 year water surface for properties in which the 100 year water surface has not been previously determined. Attend meetings as required. LUMP SUM FEE: $8,000.00 + reimbursables JOHN F. STULL, RE. Chief Executive Officer DAVI!: M ?;(¢:)[)q()N i;!! S1-UARTA MARKUSSEN, P.E., R.D.I S. Vice President MICHAEL G. POWELL, P.E. Vice President PETER B. LARSON, P.E. Senior Vice President 5445 LA SIERRA SUIqE 300, LB 17 DALI /kS TEXAS /5231-4138 214/739-8100 FAX214/739-6354 Mr. Bud Smallwood City of University Park March 28, 2005 Page Two II. III. IV. CITY OF UNIVERSITY PARK PLANNED DEVELOPMENT ZONING SUBMITTAL Prepare a Conceptual Site Plan per the City of University Park requirements. Submit the Conceptual Site Plan to the City for approval. Attend the City of University Park Planning and Zoning and City Council meetings as required. The preparation of the following items are not included in our scope of services. If these items are required they will need to be provided to us by the City of University Park. 1. Building heights. 2. A breakdown of required parking by use category. 3. General elevations of proposed buildings. 4. Signage. 5. Traffic impact studies. LUMP SUM FEE: $2,500.00 + reimbursables REIMBURSABLES Reimbursable items such as reproduction, filing and permit fee, etc., are not included in the above fee. Reimbursable items will be billed at cost plus ten percent (10%). ADDITIONAL SERVICES The following items are not included in the scope of work and are considered extra services. Extra service work will not be performed unless written authorization for the work is received. 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. Determination of zoning. (We do not interpret as to compliance). Parking count required by zoning. (We do not interpret as to compliance). Locating or plotting future or proposed street or right-of ways. Exhibit for Private License or Franchise Agreements. Location of trees or landscaping. Legal descriptions and/or surveys of individual tracts within this property or appurtenant easements. Location of underground utilities. Compliance with ALTA/ACSM 1999 requirements. Additional requirements requested by any party involved. Site Development Plans (Grading or drainage Area Maps, utilities, plans, etc). Flood Study or Flood Plain Reclamation. Major changes in scope of services. Mr. Bud Smallwood City of University Park March 28, 2005 Page Three GENERAL CONDITIONS OF AGREEMENT A. FEES Billing for services rendered will be submitted upon completion of the assignment, or for projects requiring more than 30 days to complete, that portion of the work completed will be billed approximately the first of each month as work progresses. All invoices are due and payable in thirty days. If the contract is based on hourly rates, the standard hourly rates as indicated on the attached fee schedule are hereby made part of this Agreement. The rates are periodically updated and are subject to change upon advance written notice. In the event the project is not carried to completion, services for that portion of the work which has been completed will be paid for at the standard hourly rates. IF THE SERVICES covered by this Agreement have not been completed within twelve (12) months of the date hereof, through no fault of Raymond L. Goodson Jr., Inc., the amounts of compensation and rates set forth herein shall be equitably adjusted. The client agrees to pay to Raymond L. Goodson Jr., Inc., in addition to the stated fee, all reimbursable items such as reproduction, travel, messenger services, photographs, long distance telephone calls, filing fees, review and recording fees, etc., at actual cost plus 10 percent, and all applicable sales tax on surveying services according to H.B. 61. The client agrees to pay Raymond L. Goodson Jr., Inc. all charges due for surveying services performed for the purpose of transfer of title whether or not said transfer of title is consummated. B. TERMS AND CONDITIONS Estimates of probable construction costs prepared by Raymond L. Goodson Jr., Inc., represent our best judgment as design professionals. It is recognized by the client that Raymond L. Goodson Jr., Inc., has no control over the cost of labor, materials or equipment, or over the contractors' methods of determining bid prices, or over competitive bidding or market conditions. Raymond L. Goodson Jr., Inc., cannot and does not guarantee that bids will not vary from any estimate of probable construction costs. Unless otherwise stated specifically in the contract, Raymond L. Goodson Jr., Inc., is not responsible for (1) the means and methods used by the contractor, (2) failure of the contractor to perform all work per the contract documents, (3) release of any pollutant or toxic discharges from the site, or (4) job site safety. Mr. Bud Smallwood City of University Park March 28, 2005 Page Four ___lENT AND OWNER AGREE TO LIMIT THE LIABILITY OF RAYMObI,I;~. GOOD-"~I~,., INC., TO THE CLIENT AND OWNER AN~LL CONSTRUCTI~TRAOTORS AND SUBOONTRA~ ON THE PROJECT ARISING FROM THE ACTS, ERRO~OMISSIONS OF '~'~I'E TOTAL AGGREGATE iRAYMONDL. GOODSON ~["~I~C~ SI~I~I~I~r~AT~I LIABILITY OF RAYMOND L~I~II~GI~JI~.,~IC., T~O ALL THOSE NAMED SHALL NOT EXCEED THE FEE, OR $25,000.00, ~LCHEVER IS LESS. THE CLIENT AN~c~WNER FURTHER AGREE TO'~E~UIRE OF THE CONTRACTO~4~'"~A SIMILAR LIMITATION OF THE LIABILITY'~AYMOND L. GOO.~lkl JR., INC., AND OF THE CLIENT AND OWNER,'~T~ THE CO.,~I~ACTOR(S) AND HIS SUBCONTRACTOR(S) DUE TO THE _..~lii~ORS, OR OMI~ION.~ r~F ~AWA~X,n, ¢.QnF)SOH JR.1 INC. According to Section 29 of the Professional Land Surveying Practices Act, complaints about surveying services may be forwarded to: The Texas Board of Land Surveying; 7703 North Lamar, Suite 304; Austin, Texas 78752 If this proposal is acceptable, please sign on the designated line and return one copy to this office. Thank you for considering our firm for these services. Sincerely, G. Richard Busby, RPLS Manager, Survey Dept. /Is CITY OF UNIVERSITY PARK ACCEPTED this the ~ day of By: ,2005. Title: G:lProposalslSurvey12005/RichardBusbylO50328. CityHallAndGoarPark.bsmallwood AGENDA MEMO (04/20/2005 AG E N DA) DATE: TO: FROM: SUBJECT: April 15, 2005 Honorable Mayor and Members of the City Council Gerry Bradley, Director of Parks Amendment to Fee Resolution - Pool Fees BACKGROUND: During the last several months, staff has been evaluating the City's Master Fee Schedule associated with the use and reservation policy for various recreational facilities in our community. During the March 2005 Park Advisory Committee meeting, members gave staff unanimous support for the fee adjustments. At this time, staff is requesting City Council's approval to revise the fee policy regarding pool entrance and swimming lessons fee. 1. Children's Pool Entry Fee Existing - All adults accompanying children to small pools must pay a $2.50 guest fee or purchase an Annual Swimming Pool Permit. Proposed- All patrons, adults and children over the age of 5 whether in bathing attire or regular clothing accompanying children to the small pools must pay a three dollar ($3.00) guest fee or purchase an Annual Swimming Pool Permit. Justification: This will eliminate the need for providing or handling change (quarters) by pool staff, making the receipt and handling of money by seasonal staff more efficient and accurate. This will also make it easier on pool staff to enforce regulations and eliminate conflict with patrons that come in regular shorts and wade in the children's pool. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Pool Fee Resolution.doc 2:19 PM 04/1 2. Swimminq Lessons Existing - If a Parent or guardian desires to enroll such child in one of the swimming instruction classes, a ten-dollar ($10.00) enrollment fee shall be paid for the child. Proposed- Swimming lessons may range from $65.00 to $85.00. Parents interested in enrolling children in swimming lessons should contact the Parks Department for current pricing and availability. Justification: Currently, swimming lessons are listed on the fee schedule and the website as a $10.00 fee for swimming lessons. In both the public and private sector, lessons range from $50.00 to $75.00. Staff is currently charging $65.00 per lesson and requests that the public refer to the website or contact the Parks Department for current pricing and lesson availability. 3. Senior Swimminq Existing - Senior's only swim is from 8:00 to 9:00 A.M., Monday through Saturday and 10:00 to 11:00 A.M. on Sunday. Since the seniors enter in the rear of the facility it was assumed that this time was free of charge to the seniors. Proposed- Seniors interested in swimming at the slotted times will either need to purchase a discounted pool pass or pay a reduced daily admission fee of $3.00. Justification: Complaints have arisen that some seniors purchase pool passes while others are swimming for free. By establishing a standard entry fee all seniors using the pool will have to purchase a pass or pay the reduced daily admission. RECOMMENDATION: Staff is requesting City Council's approval regarding changes to the pool fee schedule. Once approved, staff will immediately make changes to incorporate this information on the city's website. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Pool Fee Resolution.doc 2:19 PM 04/1 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A MASTER FEE SCHEDULE; REPEALING RESOLUTION NO. 05-05, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution 05-05, the Master Fee Resolution, be, and the same is hereby, repealed. SECTION 2. That a new Master Fee Schedule, be, and the same is hereby, adopted for the City of University Park. A true copy of the Master Fee Schedule is attached hereto as Exhibit "A" and made a part hereof for all purposes, the same as if fully copied herein. SECTION 3. This Resolution shall take effect immediately from and after its passage, as the law and Charter in such cases provide, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of April 2005. APPROVED: JAMES H. HOLMES, iii, MAYOR APPROVED AS TO FORM: ATTEST: ROBERT L. DILLARD, iii CITY ATTORNEY NiNA WILSON, CITY SECRETARY CITY OF UNIVERSITY PARK, TEXAS MASTER FEE SCHEDULE UPDATED APRIL 20, 2005 EFFECTIVE APRIL 20, 2005 EXHIBIT A MASTER FEE SCHEDULE TABLE OF CONTENTS I. Administrative Services 1. Health Permit 2. Rental of City Facilities 3. Permit to Paint House Numbers on Streets 4. Licenses for Dogs and Cats 5. Returned Check Charge 6. Photocopy Charges 7. Code of Ordinance Book or CD Charge 8. New Resident Packet Charge H. Building and Zoning 1. Building Permits 2. Trade Permits (Mechanical/Electrical/Plumbing/Concrete) 3. Registration of Mechanical, Plumbing, or Irrigation Contractor 4. Registration of Electrician's License 5. Fence Permits 6. Lawn Sprinkler Permits 7. Pool/Spa Permits 8. Sign Permits 9. Automatic Fire-extinguishing System 8: Fire Alarm Permits 10 Filing Fees (Amending plats, license agreements, special sign, P&Z, BOA) 11 12 13 14 15 16 17 Real Estate and Tax Inquiries House Moving Permit and Related Charges Moving Temporary Buildings and Mobile Homes Registration for License to Install Automatic Fire-Extinguishing Systems Grass and Weed Mowing Fees and Liens Certificate of Occupancy Re-inspection Fee 11I. Utilities 1. Water Meter Security 2. Reconnection of Water Service Following Cut-off for Non-Payment of Bills 3. Emergency Water Cut-off Service 4. Examination and Test of Meters 5. Meter Re-reads 6. Water Service 7. Conservation Surcharge 8. Sewer Service 9. Utility Service Construction Fees 10. Sewer Rate Re-calculation 11. Schedule of Drainage Charges 1 1 1 1 1 2 2 2 3 3 3 4 4 4 4 4 5 5 5 5 6 6 6 6 6 6 7 7 7 7 7 8 8 9 9 10 Master Fee Schedule, Table of Contents Page two IV. Public Safety and Judicial 1. Impounded Vehicles 2. Wrecker Service Fees 3. Ambulance (MICU) Service 4. Solicitor's License 5. Commission for Private Guards 6. Impoundment Fees for Animals 7. 9-1-1 Emergency Service Fee 8. Alarm Permit/Direct Alarm Monitoring 9. Hose Cabinet Fees 10. Fire Re-inspection Fees V. Sanitation 1. Residential Garbage Collection 2. Brush and Tree Limb Collection 3. Appliances, Furniture, and Large Items Collection 4. Commercial Garbage Collection 5. Residential Construction Sites 6. Liquid Waste Transport 7. Yard Waste Bags 8. Transfer Station Fees 9. Recycling Fees VI. Parks and Recreation 1. Goar Park Pavilion Reservation 2. Tennis Permits 3. Park and Playing Field Reservations for Filming 4. Playing Field Reservations 5. Park Reservations for Sports Clinics 6. Park Reservation Fees 7. Swimming Pool VII. Commercial Filming Fees 1. Small Productions 2. Large Productions 3. Reimbursement of Personnel Costs 10 10 12 12 12 13 13 13 13 13 14 14 14 14 15 15 15 15 15 15 16 16 16 16 17 17 18 18 18 o ADMINISTRATIVE SERVICES Health Permit (Ch. 6, Sec. 6.304) An annual fee of one hundred and seventy-five dollars ($175.00) will be collected from each food service establishment for a Health Permit issued by the City Secretary and thereafter for the renewal of such permit. A Temporary Health Permit shall be $55.00 for the first day of operation plus $5.00 for each additional day of operation up to 14 consecutive days. Rental of City Facilities (Ch. 1, Art. 1.700) Council Chamber (1) Community-related groups which serve the youth or elderly shall be allowed the use of the premises for ten dollars ($10.00) daytime use (8:00 a.m. to 5:00 p.m.) and twenty dollars ($20.00) for evening use (5:00 p.m. to 11:00 p.m.). (2) All other groups shall pay twenty-five dollars ($25.00) per daytime use and fifty dollars ($50.00) for evening use. Training Room & Conference Room (1) Training Room - two hundred dollars ($200.00) (2) Conference Room - one hundred & twenty-five dollars ($125.00) Rental of city facilities shall be arranged with the City Secretary. No deposit shall be required, but full payment shall be expected prior to the event. Cash or checks only shall be received and must be in the City Secretary's office 24 hours in advance of the event to maintain the reservation. Permit to Paint House Numbers on Streets (Ch. 4, Sec.4.303) A fee of fifty dollars ($50.00) for investigation shall be charged to any person applying for a permit to paint house numbers on streets. The fee shall not be pro-rated and shall be paid at the time the application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. Licenses for Dogs and Cats (Ch. 2, Art. 2.600) The owner of each dog or cat more than four (4) months old in the City shall obtain a license for such dog or cat from the City Manager or his designee. At the time of application for such license, the owner shall present a Certificate of Vaccination as specified in the City Code and pay a licensing fee of ten dollars ($10.00) for each altered dog or cat and twenty dollars ($20.00) for each unaltered dog or cat. Returned Check Charge (Res. 93-16) The maximum charge permitted under Texas law will be imposed by the City for the collection of checks returned by the banks for the lack of funds when such checks are used in payment to the City for deposits or obligations legally owed by the issuer of the said returned checks. The Director of Finance will add the returned check charge to the other obligations owed to the 1 61612 City by the issuer of the returned checks. The same charge shall be applied to electronic funds transactions in which lack of funds prevents payment from being made. The Director of Finance, with the approval of the City Manager, may waive such charge if the City was negligent in the cashing of the check or if special circumstances deem the waiver as appropriate; however, in all cases of a waiver complete records must be made of the reason for the waiver. Photocopy Charges (Admin. Order FNC- 10) Article 6252-17a of the Texas Statutes allows the City to charge a reasonable fee to cover the costs of reproducing public documents for private use. The charge for reproducing such documents will be based on the following guidelines: (1) REPRODUCTION CHARGES a. The charge for photocopies up to 8.5" x 14" will be ten cents ($0.10) for each page. b. The charge to reproduce documents larger than 8.5" x 14" will be fifty cents ($0.50) or the actual cost incurred by the City in obtaining the reproductions. c. The charge to reproduce documents stored on microfilm will be two dollars ($2.00) per page. d. The charge to retrieve information from computer data storage banks will be computed at the rate of one hundred dollars ($100.00) per hour of operator time. (2) EXCEPTION: The charges in section (1) do not apply to official publications normally offered to the public free of charge. (3) ADDITIONAL CHARGES: Requests that are for 50 or more pages will be subject to an additional fee to cover processing costs. The fee will be computed at the rate of fifteen dollars ($15.00) per hour. Code of Ordinance Book or CD Charge (1) The charge for the Code of Ordinances Book will be one hundred, fifty dollars ($150.00). (2) The charge for a CD-ROM of the Code of Ordinances will be twenty-five dollars ($25.00). (3) The entire University Park Zoning Ordinance may be purchased for twenty dollars ($20.00). 1. New Resident Packet Charge The charge for a new Resident Packet shall be $15.00 to anyone other than a new resident. 2 61612 There is no charge for a new resident. BUILDING AND ZONING Building Permits (Ch. 3, Sec 3.103) (1) New construction fees: Occupancy type Permit fee Minimum fee Residential $.95/s.f. - Non-residential 0.75% of valuation $75.00 (1) Additions, alterations, and repair fees: Occupancy type Permit fee Minimum fee Residential 1% of valuation $50.00 Non-residential 0.75% of valuation $75.00 (3) Demolition fees: Occupancy type Permit fee Residential $100.00 Non-residential $250.00 Trade Permits (Mechanical/Electrical/Plumbing/Concrete) (1) New construction fees: Occupancy type Permit fee Minimum fee Residential 2% of valuation $75.00 Non-residential 2% of valuation $75.00 (1) Additions, alterations, and repair fees: Occupancy type Permit fee Minimum fee Residential 2% of valuation $50.00 Non-residential 2% of valuation $75.00 Registration of Mechanical, Plumbing, or Irrigation Contractor The registration fee for a mechanical, plumbing, or irrigation contractor shall be seventy-five dollars ($75.00). Registration of Electrician's License (Ch. 3, Sec. 3.1007) The fees for licensing of qualified electricians and electrical contractors shall be payable to the City of University Park as set forth in the following table. The period for payment of fee shall 3 61612 begin on January 1st and end December 31st of the same calendar year. No Inspection Permit will be issued, nor work authorized to permit the applicant thereof to enter into a contract for or do any installation, maintenance or repair of any electrical work unless such person has paid his annual registration fee as required by this subsection. License type Annual fee Electrical Contractor $75.00 Master Electrician $20.00 Journeyman Electrician $10.00 Fence Permits (Sec. 8-801, Zoning Ordinance) Occupancy type Permit fee Residential $50.00 Non-residential $100.00 Lawn Sprinkler Permits (Ch. 3, Sec. 3.2203) Occupancy type Permit fee Residential $50.00 Non-residential $150.00 Pool/Spa Permits (Ch. 3, Art. 3.8) Permit type Permit fee Pool $250.00 Spa $150.00 Sign Permits (Ch. 12, Sec. 12.203, 12.209) (1) Fee for Sign Permit: The permit fee to construct, erect, or renovate a sign shall be seventy-five dollars ($75.00). (2) An Investigation Fee shall be collected in addition to the permit fee whenever any sign for which a permit is required has been installed, replaced or altered without first having obtained a permit. The investigation fee shall be two (2) times the amount of the permit fee. The Investigation Fee shall be collected even if a permit is not issued. Automatic Fire-Extinguishing System & Fire Alarm Permits The permit fee for the installation of an Automatic Fire-extinguishing System or a fire alarm system shall be one percent (1%) of the valuation of the materials and labor involved. 4 61612 10. Filing Fee for Amending Plats, License Agreements, Requests for Special Sign Districts, and Submissions for Planning and Zoning Commission and Board of Adjustment Hearings (Ch. 12, Sec. 12.103) (1) The fee to be paid by applicants who request an amending plat from the Building Division shall be one hundred fifty dollars ($150.00) per request. (2) The fee to be paid by applicants who request a license agreement from the City shall be one hundred dollars ($100) per request. (3) The fee to be paid by applicants who request a special sign district shall be one hundred dollars ($100) per request. (4) The fees to be paid by applicants who request a hearing before the Planning and Zoning Commission shall be three hundred dollars ($300.00) per application. (5) The fees to be paid by applicants who request a hearing before the Board of Adjustment shall be one hundred fifty dollars ($150) per application. 11 Real Estate and Tax Inquiries (Res. 85-9) Employees of University Park shall not give out information relative to real estate description or tax matters over the telephone to any commercial establishment. All inquiries in regard to real estate descriptions, tax searching status, etc., shall be presented in writing to the City and the City shall make a three-dollar ($3.00) charge for each item requested. 12. House Moving Permit and Related Charges (Ch. 3, Sec. 3.1701, 3.1705) (1) The applicant shall pay a fee of fifty dollars ($50.00) to the City for the house-moving permit. (2) The applicant shall reimburse the City of University Park for any personnel costs, including overhead, directly related to providing assistance to the moving activity. The building official may require a cash deposit at the time of application to ensure partial or full payment of personnel costs. The hourly rate for each police officer used for escort purposes is twenty-five dollars ($25.00) per hour. (3) Ail fees shall be paid to the City at the time of application for Moving Permit. If escort personnel have to return, the building official may require that an additional cash deposit be paid before the house, building, or structure is to be moved. 13 14. Moving Temporary Buildings and Mobile Homes (Ch. 3, Sec. 1705) The permit fee for the movement of a mobile or temporary home within the University Park city limits shall be five dollars ($5.00). Registration Fee for License to Install Automatic Fire-Extinguishing Systems (Ch.5 Sec. 5.1300) The fee for registration of a license shall be seventy-five dollars ($75.00) for Fire Sprinkler Contractor. 15. Grass and Weed Mowing Fees and Liens (Ch. 6, Sec. 6.204, 6.205) 5 61612 (1) (2) Fees-Owners of property mowed to correct tall grass and weeds shall pay a fee equal to the cost of mowing plus interest at six percent from the date of mowing. Liens-Property liens filed for non-payment of fees and interest for mowing tall grass and weeds will include a legal and administrative fee of fifty dollars ($50.00). 16. Certificate of Occupancy (July 1998) The fee for a Certificate of Occupancy shall be fifty dollars ($50.00). All new businesses moving into the City are required to obtain a Certificate of Occupancy from the Building Inspection division. 17. Re-inspection Fee A Re-inspection Fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for have not been made. Contractor must pay a Re-inspection Fee of fifty dollars ($50.00) at the Building Inspection Department prior to a subsequent inspection being made m. UTILITIES Water Meter Security (Ch. 11, Sec. 11.303) (1) Before water service is furnished to a consumer at any address, the consumer shall be required, upon making application for such service, to deposit with the manager of the utility billing office, deposits amounting to the following for each meter: Meter size Status Fee 5/8" and 1" meters Homeowner occupied $35.00 5/8" and 1" meters Rental units $65.00 Meters larger than 1" Ail $75.00 Hydrant meter Refundable deposit $1,000.00 Hydrant meter Installation fee $40.00 (2) The deposit for apartments or duplexes that are not individually metered will be thirty- five dollars ($35.00) per unit. For example, the deposit for a four-unit apartment will be one hundred forty dollars ($140.00). (1) In the case of business institutions, the manager of the utility billing office may require a deposit equal to three times the average monthly bill on such premises. Reconnection of Water Service Following Cut-Off for Nonpayment of Water Bills (Ch. 11, Sec. 11.306) When water is cut offbecause of nonpayment, the manager of the utility billing office shall not permit the water or sewer services to be resumed until the full amount delinquent, the ten (10%) percent penalty, and a collection or reconnection charge of twenty dollars ($20.00) is paid. Such amount shall be paid at the utility billing office if reconnected during normal office hours. 6 61612 Emergency Water Cut-Off Service (Ch. 11, Sec. 11.307) Whenever any consumer, owner or occupant of premises shall request the City to cut off his water service at the meter for his convenience or due to the fact that his stop and waste or house cut off is either nonfunctional or cannot be found, then the manager of the utility billing office shall add a service fee to his bill of fifteen dollars ($15.00) for each cut off. Examination and Test of Meters (Ch. 11, Sec. 11.308) Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested for the purpose of ascertaining whether it is or is not registering correctly the amount of water which is being delivered through it to such consumer; provided that, when such consumer desires to have any meter so examined and tested, such consumer shall make application therefor in writing to the manager of the utility office, and shall deposit with such application the amount charged for various sizes: Testing any size meter up to a 1" $10.00 Testing any meter larger than 1" $15.00 Meter Re-reads (Ch. 11, Sec. 11.309) Any consumer who feels that their measured water consumption is excessive may request that the meter be re-read. Two (2) free re-reads are allowed within each calendar year and any in excess will be charged ten dollars ($10.00), unless there has been an error on the part of the City or the meter is faulty. Water Service (Ch. 11, Art. 11.4000) (1) The following water rates are hereby established and shall be collected. The minimum monthly rates for all metered water service shall be as follows: 5/8" or 3/4" meter $ 7.85 1" meter $ 8.65 1 1/2" meter $11.25 2" meter $14.00 3" meter $16.70 4" meter $ 28.25 Portable meter $126.00 (2) Each consumer served during the month shall be entitled to the use of two thousand (2,000) gallons of water paid under the minimum rates hereinabove specified. In any billing period, where the water consumed is in excess of the minimum, the rate shall be two dollars and forty-seven cents ($2.47) per 1,000 gallons or any portion thereof. (3) Any duplex or multi-family dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant. All single family units shall pay a minimum charge for each meter but such minimum shall provide for a usage of 2,000 gallons per meter. 7 61612 Conservation Surcharge (June - November billings) (Ch. 11, Art. 11.4000) During the six (6) summer months, each water customer (except Southern Methodist University) shall be subject to a conservation surcharge for all consumption in excess of 11,500 gallons. SMU meters shall be subject collectively to a monthly conservation surcharge for all consumption in excess of the average amount of water used during the immediately preceding October, November, December, January, February and March. The surcharge rate shall be sixty-eight cents ($0.68) per thousand (1,000) gallons for all excess consumption. Sewer Service (Ch. 11, Art. 11.500) (1) The sewer charge for each single family, duplex or multi-family dwelling shall be included in the utility bill and calculated as follows: (a) All sewer charges are based on the use of water passing through the water meter or meters. Ail single family units, having more than one meter, shall have the usage of meters added together for the purposes of this section; however, if separate bills are rendered for a lawn sprinkler, such consumption shall not be considered for sewer charges. (b) Any duplex or multi-family dwelling, which is served by a single water meter, shall be billed a minimum charge for each unit, occupied or vacant, and any usage over the minimum shall be averaged over each unit of the dwelling as though each unit consumed the water the average indicates. (c) Any duplex or multi-family dwelling, having individual water meters for each unit, shall be treated for sewer billing purposes as though each were a single family dwelling. (d) There shall be a sixteen dollar and ninety-five cent ($16.95) minimum sewer charge per unit, which includes two thousand (2,000) gallons of water per unit per month. (e) Any water used in excess of two thousand (2,000) gallons per month shall be billed at two dollars and fifty-four cents ($2.54) per 1,000 gallons per month per unit for the sewer fee. The sewer bill for March through February shall be based on the average billing of water over the three-month period as listed below: CYCLE I: The water used during the months of November, December and January. CYCLE II: The water used during the period of November 15 to February 15. 8 61612 (2) For each business or commercial establishment of any nature, plus public institutions such as schools and churches: (a) There shall be a sixteen dollar and ninety-five cent ($16.95) minimum up to two thousand (2,000) gallons of water used per month. (b) Any water used in excess of two thousand (2,000) gallons per month shall be billed at a rate of two dollars and fifty-four cents ($2.54) per 1,000 gallons per month. (3) For service to Southern Methodist University, two dollars and fifty-four cents ($2.54) per one thousand (1,000) gallons of water used per month; the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceding months of October, November, December, January, February and March, adjusted for lawn, swimming pool, and metered cooling tower use. Utility Service Construction Fees (Ch. 11, Art. 11.600) The following charges shall apply for services performed by the City: (1) 1" water meter and tap installation $ 400.00 each Sanitary sewer tap installation $ 200.00 each Existing water meter or sanitary sewer tap removal $ 100.00 each Utility excavation $1,500.00 each 10. (2) Each utility excavation includes the removal of existing alley pavement, excavation, backfill/compaction, and concrete replacement of not more than ten (10) linear feet of alley. (3) The City, based on the size, location, current costs and specifications, will determine the price for the installation of water meters greater than one inch (1") and excavations other than in an alley. Sewer Rate Re-calculation (Ch. 11, Art. 11.500e) Sewer service customers may apply to have their sewer service charges re-calculated to the previous year's rates. The fee for re-calculating sewer service charges shall be thirty dollars ($30.00). 11. Schedule of Drainage Charges (Ch. 11, Article 11.1000) 9 61612 The Municipal Drainage Utility Systems Act having been adopted by ordinance of the City Council, the following drainage charges are levied against real property in the City, subject to the limitations set out in Article Government Code, to wit: ZONING DISTRICT MONTHLY Single Family District 1 Single Family District 2 Single Family District 3 Single Family District 4 Single Family Attached District Duplex 1 District Duplex 2 District Multi-Family 1, 2, & 3 Districts Non-residential Districts, per square foot of maximum allowable impervious surface 11.1000 of the Code of Ordinances and Ch. 402 of the Local DRAINAGE CHARGE $19.59 6.21 5.24 4.85 3.88 per dwelling unit 3.93 per dwelling unit 2.76 per dwelling unit 1.36 per dwelling unit 0.001078 PUBLIC SAFETY AND JUDICIAL Impounded Vehicles (Ch 10, Sec. 10.2304) (1) Actual cost as charged by the designated wrecker service providing the impoundment plus a $20.00 administration fee. (1) For storing a vehicle - $10.00 per vehicle per day. Wrecker Service Fees (Ch. 10, Sec. 10.2408) (1) A designated wrecker company or another emergency wrecker company authorized by the Chief of Police to render specific services in a specific emergency shall charge the following fees for towing vehicles with a light-duty wrecker (rates for fractions of an hour are based on quarter hour increments): 10 61612 (a) Forty-five dollars ($45.00) for towing a vehicle from a point within the City to another point within the City, to the City pound, or to a point inside the Town of Highland Park. (b) Forty-five dollars ($45.00) for towing a vehicle from a point within the City to a point inside LBJ Freeway and north of Interstate 30. (c) Fifty-five dollars ($55.00) for towing a vehicle from a point within the City to a point inside LBJ Freeway and south of Interstate 30. (d) Seventy-five dollars ($75.00) for towing a vehicle from a point within Dallas County outside LBJ Freeway and north of Interstate 30. (e) Eighty-five dollars ($85.00) for towing a vehicle from a point within the City to a point within Dallas County outside of LBJ Freeway and south of Interstate 30. Twenty-five dollars ($25.00) for performing a service that does not require that a vehicle be towed, including but not limited to adding fuel, prying a bumper from a tire, or other similar services. (g) Twenty dollars ($20.00) for using dollies or flatbed wreckers in addition to other allowable charges. (h) For towing a vehicle from a point within the City to a point not listed in paragraphs (a) through (f) of this subsection, twelve dollars and fifty cents ($12.50) plus one dollar and fifty cents ($1.50) per mile or fraction thereof. (i) Forty dollars ($40.00) per hour of recovery time, such time to begin fifteen (15) minutes after the light-duty wrecker has arrived on the scene, and to end when the vehicle is ready to be towed. (2) The rates specified in paragraphs (a) through (i) in this subsection, shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge ninety dollars ($90.00) per hour for recovery time, such time to begin when the heavy-duty wrecker arrives on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter hour increments. (3) In addition to the base rates described above, the City charges a twenty-dollar ($20.00) administration fee for any towing-related activity. 3. Ambulance (MICU) Service (Ch. 1, Sec. 1.1903) A base fee shall be charged per trip per person for transportation by the Mobile Intensive Care Unit (MICU) to a hospital providing emergency medical attention within the boundaries of Dallas County. The base fee shall be set at the maximum amount recoverable from Medicare on the day of transport. In all cases, whether one (1) person or more than one (1) person is transported in the same MICU, the charge per trip applies to each individual transported. (2) Additional fees will be charged for each emergency medical aid provided to the person or persons transported including, but not limited to, drugs, bandaging, oxygen, electrocardiogram (EKG), etc., that is allowable by Medicare. The cost of these items will be the maximum charges allowed by Medicare. An itemized bill will be provided to each transported patient listing each charge. (2) Each transported patient will be charged a mileage fee from the point of patient loading to the hospital of patient preference in Dallas County. The mileage fee shall be the maximum amount recoverable from Medicare on the day of transport. If the patient is unable to establish a preference, transport will be made to the nearest available hospital. Common transports are to Baylor, Children's, Charlton Methodist, Doctors, Medical City, Methodist Central, Parkland, Presbyterian, St. Paul, and Veterans hospitals. (3) A fee will be charged to any incapacitated citizen needing assistance from a paramedic in accomplishing physical movements, such as exiting and entering automobiles or movement within a residence, if such assistance is not needed in connection with an immediate medical condition and does not constitute an emergency in the judgment of the senior paramedic at the scene. The first such call in a calendar quarter will be at no cost to the citizen. The second and subsequent calls in the same calendar quarter for the same citizen will result in a fee being charged to the citizen in the amount of $32.00 per call. During each such call, the senior paramedic present will explain this section and advise the citizen whether or not a charge will be made for the assistance call. This fee will be in addition to any other fee authorized by this section. (Res. No. 99-2) Solicitor's License (Ch. 4, Sec. 4.103) A fee of fifty dollars ($50.00) for investigation of persons wishing to peddle, sell, solicit, canvass, or take orders for any services, wares, merchandise, or goods shall be charged, which shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. Commission for Private Guards (Ch. 4, Sec. 4.407) Each individual receiving a private guard commission shall pay a fee of fifty dollars ($50.00). Impoundment Fees for Animals (Ch. 2, Sec. 2.608) The City shall collect a fee of fifty dollars ($50.00) per day for the impoundment of any animal prior to the release of such animal. In addition to the impoundment fee the City 10. Vo shall collect an additional one time processing fee of fifteen dollars ($15.00) per animal. If the animal has been impounded for observation for rabies and held for ten (10) days, the City shall collect a fee of three hundred and fifteen dollars ($315.00) and an additional fee of thirty dollars ($30.00) per day if such impoundment is for a period in excess of the ten (10) days. 9-1-1 Emergency Service Fee (Ord. 97/10) The City shall collect a monthly 9-1-1 billing fee from each telephone service customer. The fee shall be 6% of the service provider's base charge per line for residential, business, and trunk lines. Alarm Permit/Direct Alarm Monitoring Fees (1) The City shall charge a fee of fifty dollars ($50.00) for the initial Alarm Permit. Each year thereafter, Alarm Permit holders shall pay annual fee of twelve dollars ($12.00) due on the anniversary date of their original application, which will be deducted from their utility bill at the rate of $1.00 per month. Alarm Permits are not transferable. (2) Each Alarm Permit holder subscribing to the City's basic digital-dialer Direct Alarm Monitoring system shall pay a fee of three hundred dollars ($300.00) per year. This fee may be paid in whole or in twelve (12) monthly installments of twenty-five dollars ($25.00) each. An additional $7.00 per month will be charged for a secondary or back-up transmitting device for Direct Alarm Monitoring. (3) Each Alarm Permit holder subscribing to the City's optional radio-backup Direct Alarm Monitoring system shall pay all fees related to the basic system, plus the actual cost charged to the City by the radio network supplier. This fee may be paid in whole upon determination of the City's current actual cost or in twelve (12) equal monthly installments. (4) Subscribing to the radio-backup system alone is not an option. Hose Cabinet Fees The City shall collect an annual fee of two hundred dollars ($200.00) for each hose cabinet in all parking structures. The fee is intended to recover the cost of regular hose testing and records maintenance. Fire Re-inspection Fees The City shall collect a fee of fifty dollars ($50.00) for the second re-inspection and one hundred dollars ($100.00) for the third re-inspection. SANITATION Residential Garbage Collection (Ch. 6, Sec. 1.108) 13 6~6~2 The City shall charge the following sums per month for collection of garbage and trash from residences: Single-family dwelling $14.60 Two-family dwelling, per unit $14.60 Apartments, per unit - on residential route $14.60 Apartments, per unit - on commercial route $ 7.40 Carryout, per unit $91.50 Brush and Tree Limb Collection An extra charge shall be assessed for pick-up of brush and tree limbs that are too bulky to be tied in bundles. Brush and limbs shall be stacked on the parkway for pick-up and charged as follows: Manual pick-up $ 7.50 Mechanical pick-up - less than lA truckload $50.00 Mechanical pick-up - lA truckload $75.00 Mechanical pick-up - full truckload $100.00 3. Appliances, Furniture, and Large Items Collection The City shall charge the following sums for the removal of appliances, furniture and other large Rems: Range or refrigerator $15.00 Washer, dryer, window air conditioner, water heater, sofa, bed, etc. $15.00 These Rems shall be placed on the parkway and will be picked up on a "call-in" basis only. Commercial Garbage Collection (Ch. 11, Sec. 11.109) (1) The City shall for Rs services in removing garbage and trash from all businesses, lodging houses, boarding houses, commercial institutions, individual businesses, firms or corporations, churches, schools, office buildings and properties, charge for containers placed at any of such establishments, sanitation charges based upon the following schedule: Collections Number of 3-yard Confiners Per Week 1 2 3 4 5 6 7 8 2 $81.50 $128.03 $151.37 $186.20 $221.04 $255.88 $290.60 $325.56 3 $107.11 $162.96 $204.86 $253.74 $302.63 $351.49 $400.38 $455.14 4 $132.71 $197.87 $260.71 $324.73 $388.74 $452.76 $516.77 $580.78 5 $162.96 $237.46 $314.30 $390.01 $465.67 $541.36 $617.04 $692.71 6 $193.20 $291.06 $353.90 $434.24 $512.20 $594.94 $675.30 $755.65 (1) Nothing in this schedule shall prevent the Superintendent of Sanitation from calculating rates which are lower or which exceed the schedule as long as time, volume, and number of pick-ups are the basis for such calculation. Residential Construction Sites A one-time fee of one hundred and fifty dollars ($150.00) for garbage collection services will be charged at the time of issuance of a Building Permit for residential construction where the property will not be occupied during any or all of the construction, such as for new homes or major remodels. Garbage collection services will be rendered to the property during construction as part of the regular collection service to the area. (Res. No. 00-15) Liquid Waste Transport (Ch. 6, Sec. 6.402) The City shall not issue a liquid waste transport to an applicant until the appropriate established fee is paid. A person shall pay a fee of two hundred and forty dollars ($240.00) for the first vehicle and one hundred and seventy dollars ($170.00) for each additional vehicle operated by the person. Each permit must be renewed annually. Yard Waste Bags (Ch. ll, Sec. 11.103) The City shall sell biodegradable yard waste bags in bundles of five (5) for four dollars ($4.00) per bundle, including tax. Transfer Station Fees (Res. 94-7) University Park residents may use the City's transfer station once a month without charge. Use of the transfer station is restricted to residents, who must be present when off-loading For more than one load per month, the following fees shall apply: Pick-up truck $40.00 Single-axle truck, less than 15-feet long $75.00 Double-axle truck, more than 15-feet long $100.00 Southern Methodist University vehicles $113.00 Recycling Fees (Res. 94-19) Each resident receiving an individual City sanitation bill will be charged a recycling fee: Alley/curbside service $2.42 Carry-out service $4.00 PARKS AND RECREATION Goar Park Pavilion Reservation (Ch. 13, Art. 13.400) Rental of Goar Park Pavilion: (1) Residents of University Park may rent the pavilion for personal use for twenty dollars ($20.00) per hour during the daytime (9:00 a.m. to 5:00 p.m.), and for thirty dollars ($30.00) per hour for evening use (5:00 p.m. to 11:00 p.m.). (2) (3) All other groups who use the pavilion for personal use, except those specified in the following section, shall pay forty dollars ($40.00) per hour for daytime use, and sixty dollars ($60.00) for evening use. Ail applicants that desire to use the facility for business, commercial, or professional gatherings may apply for the use of said pavilion for daytime hours between 9:00 a.m. and 5:00 p.m. and, if such application is approved, the applicant shall pay the City Secretary seventy-five dollars ($75.00) per hour, but the applicant may make no charges nor collect any money of any kind or character from any person whatsoever. Tennis Permits (Ch. 13, Sec. 13.204) Ail qualified residents of the City of University Park, upon making application with the Utilities Office, may secure an annual Tennis Permit. Such permit shall be numbered and coded as to indicate the time of its validity. The charge shall be as follows: Individual Permit $40.00 Family Permit $80.00 Children under 12 $ 7.50 Persons over 65 $ 7.50 Park and Playing Field Reservations for Filming_ (Ch. 11, Sec. 13.501) Commercial use of any and all park facilities, including tennis courts and Goar Park Pavilion, for filming, photographing, etc., shall carry a charge of seventy-five dollars ($75.00) per hour, plus a damage and clean up deposit of two hundred and fifty dollars ($250.00). Playing Field Reservations (Ch. 13, Sec. 13.502) Playing fields may be reserved by University Park sports teams (non-YMCA) for ten dollars ($10.00) per hour. Reservations must be made through the Park Department Office. Park Reservations for Sports Clinics (Ch. 13, Sec. 13.503) Any individual or group wishing to use a park or playing field to conduct a sports clinic as a profit-making venture shall reserve the park or playing field by filling out the appropriate application forms in the Park Department Office and pay a fee of twenty dollars ($20.00) per hour for each hour the clinic is operational in the park or on the reserved playing field. If, after the completion of the clinic, the number of hours during which the park or playing field was actually in use exceeds the fee paid, the applicant shall be liable and responsible to pay the additional fee in the Park Department Office within five (5) days. If the actual number of hours is less than the fee paid, the applicant shall receive a pro rata refund. The application forms and all fees must be in the Park Department Office at least one (1) week before the clinic is scheduled to begin. Park Reservation Fees (Ch. 13, Sec. 13.501) Any organized group not sponsored by the City and having special features (i.e., pony fides, petting zoos, bounce machines, port-a-johns, tents, etc.) which wishes to use a park, must 16 6~6~2 make a reservation with the Park Department, make a two hundred fifty dollar ($250.00) refundable deposit, and pay a rental fee according to the following schedule: Number of People Fee Amount 1 - 25 $ 25.00 26- 99 $100.00 100- 199 $200.00 200 - 299 $300.00 300 and up $500.00 Groups of twenty-five (25) or less that wish to reserve a park but would not use special features do not have to make a deposit. Baseball fields may also be reserved for an additional fee of fifty dollars ($50.00). Swimming Pool (Ch. 13, Art. 13.300) (1) All residents of University Park, non-resident property owners, and non-residents of University Park but in the I-IigNand Park Independent School District (HPISD) six (6) years of age or older, upon making application, may secure an Annual Swimming Pool Permit. The City may enact a lower fee for Annual Swimming Pool Permits purchased before a stated date, which shall be noticed annually. The charge for Annual Swimming Pool Permits shall be: Renew New Renew New Permit permit permit - permit - Resident - Early -- early - later later University Park property owner $40.00 $50.00 $50.00 $60.00 Non-University Park resident in Highland $80.00 $90.00 $110.00 $120.00 Park Independent School District University Park Senior Citizen (age 60 and above) $35.00 $35.00 $35.00 $35.00 If an immediate family of more than four (4) purchases more than four (4) Swimming Pool Permits at one time, each Swimming Pool Permit in excess of four (4) shall be sold at half price. The Senior Discount applies only to seniors who are University Park residents. (1) A member of a group defined in subsection (1) above may schedule a birthday party at the pool. Prior to the party, the member shall fill out an application stating the date of the party, time of the party and number attending. There will be a twenty-five dollar ($25.00) fee for the party, plus each party guest must pay the regular admission fee or present his/her own season pass. (2) A member of a group defined in subsection (1) above may secure permission for guests to use pools by paying attendants at the gate a cash fee of five dollars ($5.00) for each guest each time each guest uses the pool. (3) A member of a group defined in subsection (1) not owning an Annual Swimming Pool Permit may use the swimming pool upon presentation of identification and paying a charge of five dollars ($5.00) per person each time the pool is used. 17 6~6~2 (5) (6) (7) (8) Lost Annual Swimming Pool Permit If the Annual Swimming Pool Permit is lost, a duplicate may be secured for ten dollars ($10.00). Use of Pool by Children Under Six (6) Years of Age; Swimming Lessons Children under six (6) years of age, who are members of a group defined in subsection (1) above or guests of a member of a group defined in subsection (1) above, may use any of the pools without charge if accompanied at all times by a parent or guardian sixteen (16) years of age or older. A swimming lessons fee of $65.00 to $85.00 will be charged for children's swimming instruction classes. Persons Who May Accompany Children to Small Pools All patrons, adults, and children over the age of five, whether in bathing attire or regular clothing, accompanying children to small pools must pay a three dollar ($3.00) guest fee or purchase an Annual Swimming Pool Permit. Senior Swimming Fee Seniors particpating in senior swimming must purchase a swimming pool permit or pay a reduced daily admission fee of $3.00. VH. COMMERCIAL FILMING FEES (Res. 96-11) Small Productions a. Filming Permit Application Fee b. Rental of City parks (see Section VI) $ 25.00 Large Productions a. Filming Permit Application Fee b. Filming Fees First day of filming (or fraction) Each additional day of filming c. Permit Revision Fee d. Rental of City parks (see Section VI) $200.00 $200.00 $ 50.00 $ 50.00 Reimbursement of Personnel Costs The applicant shall reimburse the City of University Park for any personnel costs (i.e., police, fire, traffic, etc.), plus overhead, directly related to providing assistance for the filming activity. The Film Coordinator may require a cash deposit at the time of the application to ensure full payment of personnel costs. 18 61612 DATE: TO: FROM: SUBJECT: AGENDA MEMO (04/20/2005 AG EN DA) April 15, 2005 Honorable Mayor and Members of the City Council Gerry Bradley, Director of Parks Graphic Artist - Project Discussion with City Council BACKGROUND: On April 5, 2005, City Council approved a contract for graphic artist services associated with seasonal banners and park informational signage. As part of the contract, the graphic artist has programmed two sets of meetings with the Park Advisory Committee and the City Council for design input and final product approval. On April 12, 2005, Mari Madison with Design Strategies met with the Park Advisory Committee to discuss project design concepts. On April 20, 2005, Ms. Madison is scheduled to meet with the Mayor and City Council to obtain their input and direction into project design. RECOMMENDATION: Staff is requesting City Council allocate a short portion of the April 20, 2005 meeting to discuss design concepts for seasonal banners and park informational signage with our graphic artist consultant. Attached, please find an outline of topics that will be discussed with the Mayor and City Council. ATTACHMENTS: Discussion items 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\graphic artist Meeting.doc 8:18 AM 04/13J Park Information Signage A good signage system encourages learning; creates and maintains a sense of place; communicates rules; and builds local pride. Project Description: Design information signs that: · Preserve historical knowledge · Foster civic pride · Enhance user experience · Encourage compliance of rules and regulations · Visually reflects the city's style. Clarifying Goals and Objectives What do we want the community to think and do as a result of this project? What positive perceptions do you wish to reinforce? Are there any negative perceptions you wish to overcome? Snider Plaza Banners Festive City Banners enhance the sense of community by helping to create a pedestrian-friendly environment. The more people are on foot, the greater the opportunities for social contact and interaction. Project Description: Design seasonal banners for Snider Plaza. Clarifying Goals and Objectives What do we want the community to think as a result of these banners? What positive perceptions do you wish to reinforce? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\graphic artist Meeting.doc 8:18 AM 04/13J MEMO (04/20/2005 Agenda) DATE: TO: FROM: SUBJECT: April 15, 2005 Honorable Mayor and Members of the City Council Gerry Bradley, Director of Parks Tree List for City Parkway Planting Within the City of University Park Codes and Ordinances, there is reference to an approved list of trees (Sec. 3.1403b General Requirements: Variances; Appeals) provided by the Parks Department. Based on staff's research, there is no adopted list that specifically designates tree species that are recommended for planting within the parkway area. Trees located within the parkway are often maintained by the City's workforce. Staff has begun to notice the planting of many undesirable tree species within the City's parkways. As a result, staff has developed a tree list from tree species supported by the City's Arborist and the North Texas Urban Forestry Council. The list of tree species shall serve as an approved guideline in providing direction to local businesses and homeowners in the selection of the most dependable and desirable tree species to be planted in the parkway. The tree list also corresponds with those tree species available within the City's very successful "Trees for Town" program. This amendment is not intended to act as a "Tree Ordinance". The amendment is designed to provide direction to adjacent property owners when planting trees within City parkways only. This amendment does not involve trees planted on private property. In an effort to provide citywide parkway continuity, aesthetics and reduced ongoing maintenance and to reduce the potential of installing trees not recommended or adapted for this area, staff has developed a list of trees for parkway use. Tree Common Name Cedar Elm Botanical/Scientific Name Ulmus Crassifolia 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Council -Parkway tree Planting Ordinances 11:59 AM 04/11/05 Chinkapin Oak Green Ash Crape Myrtle Mexican White Oak Live Oak Red Oak Quercus Muehlenbergi Fraxunus Pennsyvanica Lagerstroemia Indica Quercus Mexiana Quercus Virginiana Quercus Shummardi Cedar Elm - Native deciduous shade tree; upright growth; yellow-orange fall color; simple serrated leaf; mature 60' tall, 45' wide Chinese Pistachio - Deciduous medium shade tree; yellow-orange or scarlet-crimson fall color; compound leaf; mature 20-30' tall, 20-30' wide Chinquapin Oak - Deciduous shade tree; rounded top; Oak Wilt resistant; yellow-brown fall color; simple rounded toothed leaf; mature 45-60' tall, 25-40' wide Crape Myrtle - Small deciduous ornamental tree; good for small parkways and under power lines; flowers all summer; simple leaf; yellow-red fall foliage; choice of Watermelon Red or Naches White; mature 20' tall, 5' wide Green Ash - Deciduous, rather upright tree, to 40 to 50 feet tall 20 to 40 feet across. Moderate to fast rate of growth. Live Oak - Shade tree; evergreen majority of the year; simple leaf; mature 60' tall, 50' wide Red Oak "Shummardi" - Deciduous oval shaped tree; red-yellow fall color; simple lobed leaf, mature 80' tall, 50' wide Mexican White Oak - Semi-Evergreen; red tipped new growth; simple rounded, toothed leaf; Oak Wilt resistant; mature 45-60' tall, 25-4 0' wide Crape Myrtle - Small deciduous ornamental tree; good for small parkways and under power lines; flowers all summer; simple leaf; yellow-red fall foliage; choice of Watermelon Red or Naches White; mature 20' tall, 5' wide During the March 15, 2005 Park Advisory Committee meeting, the Committee unanimously approved the program and recommended staff bring the item to City Council for consideration. RECOMMENDATION Staff is requesting City Council approval of this amendment to be incorporated into the City's Codes and Ordinances under Article 3.1900 Trees, Shrubs, Weeds, and Grass Abutting on Public Places, Section 3.1906 Recommend Tree Species for planting within City Parkways. ATTACHMENTS: Example of Revised Ordinance and Code 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Council -Parkway tree Planting Ordinances 11:59 AM 04/11/05 ARTICLE 3.1900. TREES, SHRUBS, WEEDS, AND GRASS ABUTTING ON PUBLIC PLACES Sec. 3.1901 Definitions For the purpose of this article, the words and phrases used herein shall have the following meanings: (1)Maintain or maintenance. When used in reference to parkway trees and shrubs, shall mean and include pruning, trimming, topping, root pruning, removal, spraying, watering, treating for disease, or any similar act which promotes the life, growth, health, or beauty of trees. (2) Parkway. Shall mean the area between the curb and the property line. (3) Alley. Shall mean from the middle of the alley to the subject property line. (4) Weed. Shall mean plants that are considered by the general populace to be noxious and are usually not cultivated for landscaping purposes. (5) Shrub. Shall mean any woody vegetation or woody plant having multiple stems and bearing foliage from the ground up. (6) Tree. Shall mean any woody plant, normally having one (1) stem or trunk bearing its foliage from the ground up. (1981 Revised Code of Ordinances, Chapter 3, Section 19A) Sec. 3.1902 Obstructions Unlawful It shall be unlawful for any person, firm, or corporation to grow or allow to remain on any alley, parkway, or public place abutting the property of such person, firm, or corporation, any tree, shrub, weeds, or grass which has or may become an obstruction to traffic, a hazard, unsightly, or which does or may interfere with proper street lighting on such property. (1981 Revised Code of Ordinances, Chapter 3, Section 19C) Sec. 3.1903 Responsibility of Abuttin Property Owner, Lessee or Individual in Charge of Property The abutting property owner, lessee or person in charge of property has the responsibility of maintaining all trees, shrubs, grass or growing matter of any kind in the parkways and alleys abutting such property and shall maintain parkways and alleys so that grass and weeds do not grow to a height greater than eight (8) inches in any such parkway or alley. (1981 Revised Code of Ordinances, Chapter 3, Section 19C) 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Council -Parkway tree Planting Ordinances 11:59 AM 04/11/05 Sec. 3.1904 City May Remove (a) Nothing herein prevents the City of University Park from removing or trimming trees or shrubs from parkways and alleys when such shrubs and trees are infested, defective, or dangerous to traffic or people. Such trees and shrubs may also be removed to protect sidewalks, curbs, pavement, sewers, or other utilities. (b) Tree Stump Removal Service. When trees are cut down on the parkways for any of the above reasons, the City of University Park may remove the tree stump(s) for the abutting property owner for a fee to be established by resolution of the city council. (1981 Revised Code of Ordinances, Chapter 3, Section 19D) Sec. 3.1905 Notice The fire marshal, director of public works, or their representative, shall notify any person in violation of the provisions of this article and such notice shall give ten (10) days for abatement of the violation prior to filing by the fire marshal, director of public works, or their designated representative, in the city court. (1981 Revised Code of Ordinances, Chapter 3, Section 19E) Sec. 3.1906 Approved Tree List for Parkway Planting The following tree species have been approved for parkway plantings: Tree Common Name Cedar Elm Chinese Pistachio Chinkapin Oak Crape Myrtle Green Ash Mexican White Oak Live Oak Red Oak Botanical/Scientific Name Ulmus Crassifolia Pistachia chinensis Quercus Muehlenbergi Lagerstroemia Indica Fraxinus Pennsylvanica Quercus Mexiana Quercus Virginiana Quercus Shummardi 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Council -Parkway tree Planting Ordinances 11:59 AM 04/11/05 AGENDA MEMO (04/20/2005 MEETING) DATE: TO: FROM: SUBJECT: April 12, 2005 Honorable Mayor and City Council Kent R. Austin, Director of Finance Cable television community survey proposal Background Included on the 4/20/2005 City Council agenda is a proposal from the Dallas Marketing Group to conduct a telephone survey in University Park and Highland Park. This survey is recommended by the Cable TV Franchise Review Advisory Group (FRAG), which has been meeting with survey consultants and discussing survey issues since January 2005. FRAG concluded that a professionally conducted survey is the best way to obtain a reliable sampling of resident opinions regarding cable TV. A survey like this helps the cable TV franchise renewal process in three ways: 1) it demonstrates a sincere effort by the franchising authorities (UP and HP) to identify community satisfaction and obtain a needs assessment; 2) it provides actionable information of a more reliable, broad-based nature than individual customer anecdotes; and 3) it provides important leverage for FRAG when negotiating with Charter regarding cable service. FRAG members reviewed proposals and met with representatives from three firms: Dallas Marketing Group; CMC (Communication & Management Consulting); and Greene Marketing Services. Members discussed two key survey issues -- telephone v. mail survey, and random sampling v. blanket surveying. Ultimately the group opted for a telephone survey because of its speed and greater degree of control. Even though many persons claim to dislike telephone surveys, they remain the most widely used and trusted form of survey research. Regarding whether or not to survey every household, the group agreed that a representative sample would produce results nearly as accurate. Further, responses from a representative sample will take less time and be less expensive to collect. The consultants stated that just 400-600 responses are needed for reliable results. To ensure residents can make their opinions known even without being surveyed, FRAG recommended that the City and Town provide pages on their websites for residents to make comments on cable TV service. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363- 1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDA MEMO CATV survey 042005.doc 8:16 AM 04/13/05 Recommendation FRAG members and City staff recommend approving the proposal from the Dallas Marketing Group for $12,750 +/- 10%. The cost would be shared by each city on the basis of population, so that UP's share would be 72% = $9,180. Attachments: Letter proposal dated 4/8/2005 from Michael Egan, Ph.D., of the Dallas Marketing Group. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363- 2 1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31~AGENDA MEMO CATV survey 042005.doc 8:16 AM 04/13/05 THE DA[LAS MARKETING GROUP Sent by e-mail April 8, 2005 (Updated from March 21, 2005 and February 1, 2005) Mr. Kent Austin City of University Park 3800 University Blvd. University Park, TX 75205 Dear Kent I enjoyed meeting you and your associates on the Cable TV Franchise Review Advisory Group earlier this Spring. We appreciate the opportunity to better understand issues you want to explore with residents in the University Park and Highland Park Community and are delighted to submit this proposal to conduct research. We are including a brief overview of various methodologies to complete this assignment, along with strengths and weaknesses of each. BACKGROUND: The Cities of University Park and Highland Park are currently evaluating a renewal request from Charter Communications for their cable television service agreement. The City Council of each city appointed a Cable TV Franchise Review Advisory Group (FRAG) composed of residents from Highland Park (3) and University Park (6) to help the Cities evaluate this renewal request. The FRAG members have recommended conducting a survey regarding community opinion of current and future cable service. OBJECTIVES: The objective for this study is to determine attitudes, awareness and expectations among residents of University Park and Highland Park about their cable TV service. This information will be used to help guide deliberations about ongoing cable television service. Current attitudes about cable TV services; Awareness and expectations about emerging television services or technologies; Information about usage and opportunities for improving value; Any other issues suggested from client discussions. Texas 75230 Proposal Page 2 April 8, 2005 (Revised fi'om March 21, 2005 & February 1, 2005) METHODOLOGY: There are three methodologies suitable to complete this assignment: telephone interviews, a survey sent and returned by mail and an Internet completed survey. We would not recommend an Internet-only survey because it could exclude opinions from those lacking access or uncomfortable with the technology. However, we would recommend a blend of Internet and mail. Telephone Survey: Sample: We would secure a random digit dialing sample (RDD) for the two communities. These are lists of telephone numbers created from a comprehensive data base of all working residential telephone exchanges and working telephone blocks (the last few digits in a ten- digit telephone number). The advantage of this type of sample is that it will contain both listed and unlisted telephone numbers and newly issued numbers as well. Market research is exempt from the "do not call registry," so these telephone numbers are also included. The disadvantage for this type of sample is that cell phone numbers are not included, a serious drawback if the target demographic includes cell-only respondents. Interview: We would develop the survey instrument with input from the two communities. Because of the sample, we would add several screening questions before completing an interview to determine residency and to establish any quotas (for example gender, age, cable subscription history, etc.). We would conduct interviews with a Computer Assisted Telephone Interviewing (CATI) system located at a call center in the United States. These systems use the rigor and oversight of a computer connected directly to a telephone line with a trained interviewer "online". CAT! systems have many advantages over other methodologies: each interview uses the same language and all data are rigorously monitored to insure compliance with any quotas. In addition, batteries of questions (rate the importance of... ) can be randomly rotated to prevent a bias based on the first one asked, and answers from previous questions may be inserted into a subsequent question. We would preview the program created for this survey and listen to initial interviews to make sure that the execution matched the design. Interviewers keep track of the project from a terminal connected to the CAT! system, and a supervisor monitors the work stations in real time. The computer dials numbers from the RDD sample using a random selection process. Upon reaching a potential respondent, the interviewer asks questions one-at-a-time, recording answers as numerical codes (l=yes, 2=no, or 5= very satisfied, etc.) Unless they record the answers as prescribed, then the CAT! will not allow the next question to be displayed, much less answered. Open-ended questions are entered verbatim when answered, thus making qualitative data collection more rigorous, as well. Several quality assurance steps are included in every interview to insure that all calls are conducted with the same decorum and consistent methodology: Random verification of completed interviews, on-hook monitoring, marginal analysis, etc. Proposal Page 3 April 8, 2005 (Revised fi'om March 21, 2005 & February 1, 2005) Data: Results come from the call center as column delimited ASCII data. The Dallas Marketing Group first validates the quality and accuracy of the data and then prepares statistical tables of the results. We also provide cross-tabulation of results by groups (for examples results from the two communities, results by age, results by subscription history, etc.). For all three methodologies: The Dallas Marketing Groups would work with the client to develop the survey instrument and an appropriate sampling methodology to insure that the voice of the community was accurately measured. In terms of statistical reliability, completing four hundred interviews from any methodology would result in a margin of error of plus or minus five percentage points, a meaningful measure. However, the cities may feel it prudent to involve a larger portion of their residents for this study. For the methodologies involving mail, we would recommend including a cover letter from a prominent city official or resident explaining the purpose of the survey and asking for cooperation. We would print the survey and insure that it would be easy to complete in about 11-12 minutes. Note: all mail costs are predicated on an outbound package of less than 1 ounce. Here is a summary of the three methodologies, noting pros and cons for each. (This one Selected) ~O~i~ ~i~ r~l~il I~et ~ieti~ ~ R~ ~ii At~ Number of completed 400 ~o intewiews Controlled representative How residents selected sample (pick to match resident characteristics) Margin of error ~ five points c ,t +/- Cost to m ail to all (11,000) Cost to mail 5,000 Cost to mail 3,000 or 2,500 Timing 6-7 Weeks Pluses 1.Optimal control of the ~ ~i~ ~ ~ i~i ~ ~i~ ~ ~!~i~ sample (can pick who ~ ~i~ 8~iv~ Proposal Page 4 April 8, 2005 (Revised fi'om March 21, 2005 & February 1, 2005) for deeper understanding 3. Optimal control of data collection (all questions would be 1. Some residents may ~ i'qot ~ii h~ ~ i~$~$~ be hard tO reach, and i ii fo ~i i thus not included 2. Not all residents i ~i~i~ ~ii~J ~ ~ ~ex~ i would be given ~n ~inuses oppo~uni~y~o ~ ~w~ ~ p~ ~ioi p~e. ~e~ ~ DELIVERABLES: The Dallas Marketing Group would: · Design the sampling strategy; · Design the survey instrument with input from the client; · If mail: print the survey, invitation letter, mail and collect responses; · Manage data collection; · Tabulate results; · Prepare a final report with charts and thoughtful analysis of results; · Presentation of the results to the client. TIMING: Timing is noted above and includes: Develop questionnaire / screener Complete the field work Topline report Prepare final report and present finding and analysis. PROPOSAL: Our fees for conducting this survey using the telephone methodology would be $12,750 + 10% and is inclusive of all costs except the list of RDD sample. ~ Terms: One half of the professional fees upon commencement of the project and the balance upon submission of the final report. Standard terms are net, 10 days. ~ Any change in specification that impacts expenses would be debited or credited at net cost and if a list had to be purchased, its expense would be billed at cost. Proposal Page 5 April 8, 2005 (Revised fi'om March 21, 2005 & February 1, 2005) ld~EY CONTACT: I would be the key principal for this project, and would be supported as needed by Mr. Edward Stone, our Chairman, or Mr. William Silverman, our President. ABOUT THE DALLAS MARKETING GROUP The Dallas Marketing Group Inc. has been providing thoughtful market research and marketing consulting for twenty-eight years and frequently conducts this type of attitude/awareness research, including work about cable TV service for the town of Trophy Club. We have also worked with several community initiatives and economic development issues for the Arlington Convention and Visitors Bureau Center, the Fort Worth Zoo and others, and finally we conduct over 50,000 interviews annually. But more important than what we provide is our operating philosophy: The firm's principals all have senior line management experience in marketing - experience that brings insight and depth to our work. Furthermore, each principal works directly with clients from concept definition to thoughtful analysis insuring full access to our experience. Finally we provide the highest level of client service because we know that to remain effective we must deliver prompt, objective, experience-based, results-oriented research. My own background includes a strong technical foundation well suited to providing insightful market research and includes academic experience (appointments at Princeton, The University of Texas and Lawrence University) and nineteen years experience in marketing. And finally, I am a Certified Management Consultant, awarded by the Institute of Management Consultants to recognize the highest standards of consulting and adherence to the ethical canons of the profession (See attached Code of Ethics). Kent, we are delighted with the prospect of working with you and know that the benefits we bring are focus, experience and direction. I will call later to answer any questions. Signed: Michael E. Egan, Ph.D., CMC Vice President Accepted by: Signature Name: Title: Date: Code of Ethics IMC members and CMC's (Certified Management Consultant) pledge in writing to abide by the Institute's Code of Ethics. Their adherence to the Code signifies voluntary assumption of self-discipline above and beyond the requirements of law. Key provisions of the Code require that IMC members and CMC's: · Safeguard confidential information. · Render impartial, independent advice. · Accept only those client engagements they are qualified to perform. · Agree with the client in advance on the basis for professional charges. · Develop realistic and practical solutions to client problems. The Institute enforces the Code by receiving and investigating complaints of violations and by taking disciplinary action, including revocation of certification against any member who is found guilty of Code violation. We will agree independently and in advance on the basis for our fees and expenses that are reasonable, legitimate, and commensurate with the services we deliver and the responsibility we accept. · We will disclose to our clients in advance any fees or commissions that we will receive for equipment, supplies or services we recommend to our clients. Profession · We will respect the intellectual property rights of our clients, other consulting firms, and sole practitioners and will not use proprietary information or methodologies without permission. · We will not advertise our services in a deceptive manner and will not misrepresent the consulting profession, consulting firms, or sole practitioners. · We will report violations of this Code of Ethics. The Council of Consulting Organizations, Inc. Board of Directors approved this Code of Ethics on January 8, 1991. The Institute of Management Consultants (IMC) is a division of the Council of Consulting Organizations, Inc. and a member of the International Council of Management Consulting Institutes © 1996 by Institute of Management Consultants Fees · We will serve our clients with integrity, competence, and objectivity. · We will keep client information and records of client engagements confidential and will use proprietary client information only with the client's permission. · We will not take advantage of confidential client information for ourselves or our firms. · We will not allow conflicts of interest which provide a competitive advantage to one client through our use of confidential information from another client who is a direct competitor without that competitor's permission. Engagements · We will accept only engagements for which we are qualified by our experience and competence. · We will assign staff to client engagements in accord with their experience, knowledge, and expertise. · We will immediately acknowledge any influences on our objectivity to our clients and will offer to withdraw from a consulting engagement when our objectivity or integrity may be impaired. Clients ·