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Home My WebLink AboutAgenda 05-03-05 Names Tabs.doc AGENDA #2509 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, MAY 3, 2005 AT 5:00 P.M. 4:00-4:15 P.M. EXECUTIVE SESSION TO RECEIVE LEGAL FROM CITY ATTORNEY UNDER SECTION LOCAL GOVERNMENT CODE ADVICE 551.071, 4:15-5:00P.M. WORK SESSION FOR AGENDA REVIEW i. INVOCATION - Councilmember Jim Roberts ii. PLEDGE OF ALLEGIANCE - Councilmember Jim Roberts iii. INTRODUCTION OF STAFF - City Manager Bob Livingston IV. AWARDS & RECOGNITION CERTIFICATE OF APPRECIATION: Presented to Jo Ann Norton for her years of service to the Planning & Zoning Commission RETIREMENT: Police Officer L.B. Harris for 14 years of service to the City NATIONAL POLICE OFFICERS WEEK: Awards to police officers ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. VI. CONSENT AGENDA A. REVIEW: Contract renewal with DOLF1N Swim School - Bradley Tab I B. CONSIDER: Resolution for Max-A-Million Carriage Rides - Adams - Tab II C. CONSIDER: Contract amendment for Cartegraph modification services and licenses - Smallwood Tab III D. CONSIDER: Approval of City Council Meeting Minutes for April 20, 2005 - Wilson Tab IV VII. MAIN AGENDA A. CONSIDER: Ordinance approving Planned Development-20 for University Park United Methodist Church - Smallwood Tab V B. CONSIDER: Ordinance regulating newspaper racks in Snider Plaza - Corder Tab VI C. CONSIDER: Resolution to establish fees for rental of City news racks in Snider Plaza - Corder Tab VII D. CONSIDER: Use of Coffee Park for Peace Rally - Adams Tab VIII E. CONSIDER: Ordinance for rezoning at 4032 Marquette from D2 to SFA- Smallwood Tab IX F. REVIEW: FY2004 Financial Statements and Management Letter Comments - Austin Tab X As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda items listed herein. VIII. INFORMATION AGENDA Tab XI REPORTS, BOARD AND COMMITTEE MEETING MINUTES ao B. C. D. E. F. BOARD OF ADJUSTMENT Minutes for February 28, 2005 EMPLOYEE BENFITS ADVISORY COMMITTEE FINANCE ADVISORY COMMITTEE PARK ADVISORY COMMITTEE PLANNING & ZONING COMMISSION PROPERTY CASUALTY & LIABILITY ADVISORY COMMITTEE PUBLIC SAFETY ADVISORY COMMITTEE PUBLIC WORKS ADVISORY COMMITTEE URBAN DESIGN & DEVELOPMENT COMMITTEE ZONING ORDINANCE ADVISORY COMMITTEE CAPITAL PROJECTS REVIEW COMMITTEE INSURANCE ADVISORY DATE: TO: FROM: SUBJECT: AGENDA MEMO (05/03/05 AG EN DA) April 18, 2005 Honorable Mayor and Members of the City Council Gerry Bradley, Director of Parks Contract Renewal- Dolfin Swim School BACKGROUND: For the past few years, the Dolfin Swim School has contracted with the City to utilize the Curtis Park Swimming Pool from 6:00 a.m. until 8:00 a.m. during the time period of May 31 through September 1. The cost of the contract has been $2,000.00 for the season. Staff has recently received an amended 2005 contract from Dolfin Swim School that indicates that they will only use the pool this year May 31, 2005 through August 1, 2005. The reason for reducing the lease is that enrollment numbers drop off dramatically towards the end of July. As a result, Dolfin Swim School has requested to drop their lease agreement to $1,500.00 to use the pool for 3 months instead of 4 months. Staff recently brought this item to the Park Advisory Board for review and received a unanimous vote toward supporting the new contract. RECOMMENDATION: Staff is requesting that City Council approve the new 2005 contract between the City and Dolfin Swim School. ATTACHMENTS: Dolfin Swim School - Letter of Request Dolfin Swim School - Contract 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Dolfin Swimm School.doc 12:51 PM 04/2' Linda DeSanders Master Swim Instructor Mr. Gerry Bradley, Director of Parks City of University Park 3800 University Blvd. University Park, Texas 75205 April 14, 2005 Dear Mr. Bradley, Thank you for meeting with Mike Titmas and myself on Monday, April 11, 2005 to discuss the 2005 lease agreement by and between the City of University Park and Dolfin Swim School, Inc. for the use of the University Park swimming pool. As we had discussed, there is a slight difference in this year's lease agreement from the previous years. Enclosed please find two executed copies of the 2005 lease agreement. Please note the change in the term of the lease as stated on item number three (3). The lease now ends on August 1, 2005 instead of at the end of September. Also note item number four (4) has been altered to $1,500.00 due to the shortened lease. Also enclosed, please find the first installment of $375.00 due April 15, 2005. Thank you for the consideration of this matter. We look forward to our continued relationship. Respectfully submitted, Linda DeSanders, President Dolfin Swim School, Inc. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Linda DeSanders Master Swim Instructor SWIMMING POOL LEASE This Lease Agreement (this "Lease") is made effective as of April !5, 2005, by and between THE CITY OF UNIVERSITY PARK ("Landlord") and DOLFIN SWIM SCHOOL, INC. ("Tenant"), located at 10507 Westlawn Drive, Dallas, Texas 75229. The parties agree as follows: Premises The Landlord, in consideration of the lease payments as provided in this Lease, leases to Tenant, all personnel, swim team members, and anyone Tenant deems appropriate to use the University Park Pool ("the Premises") located at 3501 Lovers Lane, University Park, Texas 75205. Storage The Tenant shall be entitled to store up to 3 fifty-meter lane lines, 2 tflne clocks, kickboards and other team supplies in the swimming pool area during the term of the lease. 3. Term The lease term will begin on May 31, 2005 and will end on August 1, 2005. Lease Payment Tenant shall pay the Landlord a total sum of $1,500.00 for the term of the lease and it will be paid in 4 monthly installments of $ 375.00 each on the fifteenth of April, May, June, and July 2005. Use of Premises Tenant shall use the swimming pool facility for a swim team between the hours of 5:30 a.m. and 8:00 a.m. Monday through Salnrday and Sunday before 10:00 a.m. during the months the pool is open to the public. During the balance of the term of this lease, the Tenant will be allowed to use the pool, with the approval of the landlord, for the Dolfin practice schedtfle, with the exception of the time designed for the Senior Citizens. All swimming team me~nbers are members of the University. Park swimming pool. Insurance Landlord and Testat shall each be responsible to maintain appropriate insurance :for the use of the Premises and the swimming pool located on the Premises. Tenant shall maintain a minimum of $1,000,000 of general hability coverage for personal injury and shah nmne the City of University Park as additional insured. Release Tenant shall obtain from the parent or legal guardian of each swimmer participating in the Tenant's program at "the Premises", an executed Release assuming all liability and holding harmless the owner at the above premises from any injuries, claims, causes of action, or complications that may result from the swimmer's participation in the DOLFIN SWIM SCHOOL program at the Premises prior to such swimmer's participation and entry on the Premises. Provisions The City of University Park will properly maintain the pool chemicals, vacuum the pool, and keep the balance of "the Premises" clean throughout the term of the lease. Tenant will, in turn, leave "the Premises" in like condition upon leaving "the Premises" each day. Both bathrooms must be accessible and 3 keys to the outside gates will be provided for the Tenant's use. Entire Agreement This Lease Agreement contains the entire agreement of the parties and there are no other promises of conditions other agreement whether oral or written. 10. Amendments This Lease Agreement may be modified or amended in writing, if in writing signed by the parties obligated under the amendment. Jurisdiction This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, U.S.A. without regard to principles of conflicts of laws. First Right of Refusal Dolfin Swim School, Inc. reserves the first right of refusal to extend the terms and conditions of this lease into and including the year 2006. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 04/2' LANDLORD: CITY OF UNIVERSITY PARK By:_ P~ted Nmne: Date: By: Printed Name: Date: Linda DeSanders, Presidem (214) 3614542 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Dolfin Swimm School.doc 12:51 PM 04~2' AGENDA MEMO (05/03/0 AGENDA) DATE: TO: FROM: SUBJECT: April 20, 2005 Honorable Mayor and City Council Gary W. Adams, Chief of Police Max-A-Million Carriage Rides ITEM: Consideration of a Resolution authorizing Max-A-Million horse-drawn carriage rides through University Park during the Christmas holiday season, or between Thanksgiving and Christmas 2005. This is a business venture and riders will be charged a fee. These are the same horse-drawn carriage rides as offered in Highland Park for the past several years and in University Park last year. The Pendergraphs are also requesting authority to use public streets in the City and four parking spaces along the north curbside of the 3500 block of Lovers Lane at Curtis Park. These spaces will be used in the evening hours for storage of a truck and horse trailer, and during the day for storage of the carriages. RECOMMENDATION: Staff recommends approval of this request as a license allowing this request sets forth certain conditions, i.e., a $500.00 fee with $300.00 to be refunded if all conditions are met; cleaning of storage spaces and other areas affected by the horses; a design or plan for the use of the parking spaces to be approved by the Chief of Police; an indemnity clause; and a one million dollar public liability insurance policy with a Certificate of Insurance. ATTACHMENTS: · Copy of License Agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDA MEMO Pendergraphs.doc 4:26 PM 04/25J LICENSE AGREEMENT This License Agreement (this "Agreement"), between the City of University Park, Texas, a municipal corporation organized as a home rule city under the statutes of the State of Texas, and Dana Pendergraph d/b/a Max-a-Million Carriage ("Licensee"), is executed on the 3rd day of May 2005, to be effective as herein stated. I. Licensee is in the business of furnishing horse-drawn carriage rides for a fee during holiday periods. By approving this license, the City Council authorizes the use of the public streets of the City for such purpose during the period between Thanksgiving and Christmas, 2004, subject to the approval of all routes, equipment, lighting, and safety markings of the carriages by the Chief of Police. II. Licensee also desires to use four on-street parking spaces on the south curb side of the 3500 block of Lovers Lane, adjacent to the swimming pool, for the parking of carriages and equipment for its carriage ride operation, the exact spaces to be used being subject to designation by the Chief of Police III. The City Council of the City of University Park finds that it will serve the public purpose to grant, and it does hereby grant, the Licensee a revocable license to use the parking spaces described herein between Thanksgiving and Christmas, 2005, under the conditions as herein set out. In consideration of such license, Licensee agrees to pay the City a license fee of $500. If Licensee meets the conditions of the Agreement and the requirements of the Chief, and cleans up the area at the end of the term hereof to the satisfaction of the City Manager, $300 of the fee will be refunded IV. Within thirty (30) days of the execution of this Agreement, the Licensee shall submit to the Chief of Police of the City of University Park a plan for the arrangement and design of the use of the parking spaces. The Chief shall, if he finds such plan to be appropriate, approve the plan and notify Licensee of such approval. If he shall suggest amendments or changes to the plan, then he will have the authority to do so and cause such amendments to be made as will satisfy him in his sole judgment. 66355 It is specifically required that at no time during the term of this license will Licensee allow the use of the parking spaces or the public streets of the City for its operations to interfere with or create a hazard to pedestrians or vehicles using Lovers Lane and the adjacent sidewalks. or any other public streets or public property of the City. Licensee agree to indemnify and save harmless the City of University Park from any liability or damages the City may suffer as a result of claims, demands, suits, judgments, costs, or expenses, including expenses of litigation and attorneys, fees arising out of the use, maintenance, or operation of the Licensee's carriage rides, either in the parking spaces or on the public streets and other property of the City. The City of University Park agrees to give Licensee written notice of any claim made against the City of University Park on the obligations indemnified herein. The Licensee agrees to carry and maintain public liability insurance in the face amount of not less than One Million Dollars, with a company or companies authorized to conduct business in the State of Texas. The City and its officers, agents, and employees will be named as additional insureds in such policy or policies. Licensee will furnish proof of insurance, including a copy of the policy or policies and a Certificate of Insurance, to the Risk Manager of the City. The Certificate will provide that the City be given notice by the insurer within ten days if such policy is cancelled or terminated for any reason. This License may be terminated by either party, provided that if the City of University Park shall undertake to terminate and cancel this License, at least thirty (30) days' written notice will be given to Licensee. X. Miscellaneous A. This license shall not be assignable by Licensee. B. This Agreement shall be performable only in University Park, Texas. 66355 C. This Agreement shall be governed by the laws of the State of Texas, and venue of any action to enforce or construe the same shall lie exclusively in Dallas County, Texas. D. This is the entire agreement of the parties with respect to the subject matter and shall supercede any prior agreement, written or oral, with respect thereto. E. This Agreement may be amended only by writing signed by both parties. F. This Agreement has been duly authorized by the City Council of the City of University Park, Texas, and the City Manager has been directed to sign the same on behalf of the City. IN WITNESS WHEREOF, the parties have executed this document in duplicate originals, this the 3rd day of May 2005. CITY OF UNIVERSITY PARK 3800 University Boulevard Box 8005 Dallas, Texas 75205-0005 By: Bob Livingston, City Manager MAX-A-MILLION CARRIAGE By: Dana Pendergraph 66355 66355 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A REVOCABLE LICENSE AGREEMENT WITH DANA PENDERGRAPH, D/B/A MAX-A-MILLION CARRIAGE FOR THE USE OF CITY STREETS AND PROPERTY; AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the operation of a business furnishing horse-drawn carriage rides to the public on the streets and public parking areas of the City requires issuance of a revocable license by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the revocable license agreement, by and between the City of University Park and Dana Pendergraph d/b/a Max-a-Million Carriage, a copy of which is attached hereto as Exhibit "A" and made part hereof for all purposes, is hereby approved in all respects. SECTION 2. That the City Manager is hereby authorized and directed to execute the license agreement on behalf of the City and to perform such other administrative steps as are necessary to give effect to the agreement on behalf of the City. SECTION 3. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, on the 3rd day of May 2005. APPROVED: JAMES HOLMES, iii, MAYOR ATTEST: APPROVED AS TO FORM: NiNA WILSON, CITY SECRETARY CITY ATTORNEY (RLDmeh090104) Page 1 67327 AGENDA MEMO (5/03/05 AGENDA) DATE: TO: FROM: SUBJECT: April 27, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works Cartegraph Modification Services and Licenses ITEM: In August, 2004 Council approved the purchase of Cartegraph, a new asset management and customer service software application intended to replace Impact. Cartegraph is designed to route all requests for service to the appropriate division, and provide that division the opportunity to create a work order for the request. Staff has recently completed Phase I implementation, consisting of the work order and customer service components. Phase II implementation includes tracking individual infrastructure assets through Cartegraph. Once complete, Phase II will allow staff to track work completed on various infrastructure assets and determine the lifecycle costs associated with maintaining or replacing the asset. Staff is currently in the beginning stages of implementing Phase II. However, during Phase I implementation, staff identified certain areas of the software that needed modification. Cartegraph can develop special software modifications to address these needs; however, each modification is out of the original scope of the contract. Staff proposes amending the contract to include the following modifications: · Intersections GIS points - allows staff to identify exact GIS coordinates for each intersection in town. · Work Order Associations - allows different operational divisions to link work orders that are part of a larger overall project (Example: utility taps and alley replacement). · Internet Service Requests - will provide an automated link from the City's website into the service requests portion of Cartegraph. In addition, staff proposes amending the contract to include additional licenses for the software application. Currently, available licenses used by Public Works staff are barely adequate to utilize the system for routine operations. However, staff is also working on the development of a 311 call system that would utilize Cartegraph across multiple 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDAMEMO (2).doc 2:23 PM 04/27J departments. Therefore, additional licenses will need to be purchased to implement the 311 system. Cartegraph is currently offering a two for one license special, and staff feels that it would be best to address to licensing needs at this time to take advantage of the pricing special. The proposal also includes a reduction in services from the original contract to be credited towards the amended contract. Through in-house efforts, staff will be able to reallocate these funds to the proposed contract amendment. RECOMMENDATION: Staff recommends approval of the modifications and additional licenses. ATTACHMENTS: Cartegraph Contract Amendment 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDAMEMO (2).doc 2:23 PM 04/27J City of University Park, Texas April 21, 2005 Amendment #1 To Cart~Graph Contract Dated July 27, 2004 City of University Park will compensate Cart~Graph for the software, services, and expenses provided pursuant to the July 27, 2004 Agreement and in the amount listed below. SOFTWARE AND SERVICES COST ANALYSIS SOFTWARE: Quantity (Licensed for use with MS-SQL database) WORKdirector 7 SIGNALview 1 STORMview 1 SIGNview 1 VERSAtools 2 Gross Software Cost Platinum Maintenance (prorated to August 16, 2006) 1 Service Support for customizations on Web Service Requests, GIS Intersection Points, Work Order Association (prorated to August 16, 2006) 1 Buy One Get One Credit Adjusted Software and Maintenance Cost PROFESSIONAL SERVICES: Internet Service Requests 1 GIS Intersection Points 1 Work Order Association 1 Total Additional Services Adjustments to July 27,2004 Contract Modification Services (43 hours) Internet Education Services (8 sessions) Onsite Education Services (3days) Total Adjustments to July 27,2004 Contract TOTAL ADDITIONAL COSTS License Price $6,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Fixed Extended Price $42,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $67,000.00 $3,414.25 Fixed fixed fixed fixed $4,266.67 ($33,500.00) $41,180..92 $6,000.00 $3,000.00 $8,500.00 $17,500.00 ($7,505.00) ($5,000.00) ($4,995.00) ($I7,$00.00) $41,180.92 Future years' annual Platinum Maintenance for all purchased CartSGraph modules will be 20% of the then listed purchase price. Custom Services Support is quoted on an annual basis. The parties, each acting under due and proper authority, have executed this Agreement as of the day, month and year written below: Accepted: CITY OF UNIVERSITY PARK, Accepted: CartSGraph Systems, Inc.: Bob Livingston - City Manager Date Mark Weber- Chief Financial Officer Date MINUTES #2508 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, APRIL 20, 2005, 7:30 A.M. Mayor Blackie Holmes opened the meeting of the City Council. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Harry Shawver, Kelly Walker, and Syd Carter. Also in attendance were City Attorney Rob Dillard and City Manager Bob Livingston. City Secretary Nina Wilson was absent and excused. ITEMS FROM THE FLOOR Mr. Stephen Earl Woods, 2917 Bryn Mawr, addressed the Council regarding the removal of property from the tax rolls around University Park United Methodist Church. Mr. Woods felt that the property should remain on the tax rolls. Mayor Holmes informed Mr. Woods that the church would be paying the appraised value for the alley behind the church. City Manager Bob Livingston informed Mr. Woods that, under the law, all property owned by churches is removed from the tax rolls. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For April 5, 2005. MAIN AGENDA DISCUSS DECORATIVE STREET LIGHT FIXTURES FOR LOVERS LANE: Staff replaced the 175-watt metal halide lights with 70-watt bulbs at the Lovers Lane intersections of Hunter's Glen, Vassar and Baltimore, but was unable to install the "frosted lens" at Hunter's Glen, as it was never received from the manufacturer. Staff recommended approval of the 175-watt fixtures installed along other streets. Mayor Pro Tem Roberts moved the City keep the current fixtures and the 175-watt light bulbs and also accommodate residents who request deflectors. Councilmember Shawver seconded, and the vote was unanimous. CONSIDER: RESERVATION REQUEST FOR BURLESON PARK FOR LEUKEMIA/ LYMPHOMA SOCIETY WALK: Park Director Gerry Bradley believed that problems the City experienced in the past with the Walk could be eliminated by better communication and working more closely with the Lymphoma Society. Angie Hays, representing the Lymphoma Society, agreed with these comments. Mr. Bradley stated that the staff requirements for this event included: a meeting with City staff, flagging houses two weeks prior to the event, barricades approved by the Police and Public Works Departments, and a designated contact person at the event site. Councilmember Walker moved approval of the reservation request for Burleson Park for the Leukemia/Lymphoma Society Walk. Councilmember Shawver seconded, and the vote passed with Mayor Pro Tem Roberts abstaining. CONSIDER SIDEWALKREPLACEMENTPROGRAM: During the March 15, 2005 City Council Meeting, staff presented information on several cities' sidewalk programs. Consequently, staff put together the following proposal for a sidewalk replacement program: prior to replacing a sidewalk, the abutting property owner must notify code enforcement staff of the sections to be replaced, requesting financial assistance; the program is limited to a sidewalk constituting a code violation; Code Enforcement Officers will schedule an inspection to determine the total square feet eligible for financial assistance; the property owner will then hire a private contractor to perform the repair; an inspection will be made to ensure repairs have been completed as required; financial assistance will be provided once sidewalk repairs have been completed. The proposed financial assistance is $7.00 per square foot. Mayor Pro Tem Roberts moved approval of the proposed sidewalk replacement program. Councilmember Walker seconded, and the vote was unanimous. PUBLIC HEAR1NG ON CITY'S DROUGHT CONG1NGENCY PLAN: Mayor Holmes opened the public hearing. As there were no residents present to speak on the issue, the public hearing was closed. CONSIDER RESOLUTION FOR CITY'S DROUGHT CONTENGENCY PLAN: Assistant to the Director of Public Works Robbie Corder stated he had received one suggestion from a resident to make Stages 3 and 4 read the same with differences in the percentages. Councilmember Shawver moved approval of the resolution for the City's Drought Contingency Plan with the amendment to make Stages 3 and 4 read the same with differences in the percentages. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the resolution. RESOLUTION NO. 05-06 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. CONSIDER RESOLUTION FOR THE CITY'S WATER CONSERVATION PLAN: On January 4, 2005, the Council approved a Letter of Agreement between the Town of Highland Park and Dallas County Park Cities Municipal Utilities District for development of a Drought Contingency Plan and Water Conservation Plan. The Water Conservation Plan's 5-year goals include: total water use of 201 gpcd (5% reduction in total gpcd from the baseline year), and reducing unaccounted for water to 12% or less. The 10-year goals include: total water use of 197 gpcd (7% reduction in total gpcd from the baseline year), and reducing unaccounted for water to 10% or less. Mayor Holmes moved approval of the resolution for the city's Water Conservation Plan. Councilmember Shawver seconded, and the vote was unanimous. RESOLUTION NO. 05-07 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. DISCUSS BANNER AND PARK INFORMATION SIGN DESIGN WITH GRAPHIC DESIGN CONSULTANT: On April 5, 2005, the City Council approved a contract with Graphic Artist Marl Madison of Design Strategies for services associated with seasonal banners and park information signage. Ms. Madison presented four different preliminary banner designs for Council approval. Council provided direction to Ms. Madison, who will make a future presentation incorporating their suggestions. REVIEW TREE LIST FOR CITY PARKWAY PLANTING: At the present time, there is not a list specifically designating tree species recommended for planting within the parkway area. City staff often maintains these trees and has begun to notice many undesirable tree species within the parkways. Park Director Gerry Bradley noted that the list of tree species currently provided may not be comprehensive and that other tree species could be added. Council requested an ordinance be drafted listing species of trees acceptable for planting in the parkway area. CONSIDER PROPOSAL FROM R.L. GOODSON FOR ENGINEERING AND SURVEYING SERVICES TO PLAN AND REZONE CITY-OWNED PROPERTY AT CITY HALL AND GOAR PARK: The design for City Hall and Goar Park improvements is nearing completion. A prerequisite to issuing a building permit for the City Hall addition is the platting and rezoning of the site. Staff solicited a proposal from R.L. Goodson to provide surveying and engineering services to develop a new subdivision plat and to prepare and assimilate the documentation necessary for a Planned Development for rezoning of the City Hall site. The Planned Development would include only the City Hall and employee parking lots. Mayor Pro Tem Roberts moved approval of the proposal from R.L. Goodson for engineering and surveying services to plan and rezone city-owned property at City Hall and Goar Park subject to deletion of the limit of liability clause. Councilmember Carter seconded, and the vote was unanimous. CONSIDER AMENDMENT TO RESOLUTION FOR MASTER FEE SCHEDULE, POOL FEES: During the last several months, staff has been re-evaluating the City's Master Fee Schedule associated with the use and reservation policy of various recreational facilities. The Park Advisory Committee gave unanimous approval to several fee changes including the entry fee to the Children's Pool, swimming lessons and Senior Swim. Councilmember Walker moved approval of the amendment to the resolution for the Master Fee Schedule associated with pool fees. Councilmember Shawver seconded, and the vote was unanimous. RESOLUTION NO. 05-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION 05-05, EXHIBIT "A", SECTION VI "PARKS AND RECREATION", BY AMENDING "SWIMMING POOL" FEES TO ESTABLISH FEES FOR THE CHILDREN'S POOL, SWIMMING LESSONS, AND SENIOR SWIMMING AS AUTHORIZED BY ARTICLE 13.300 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROPOSAL FOR CABLE TELEVISION COMMUNITY SURVEY: The Cable TV Franchise Review Advisory Group (FRAG), which has been meeting with survey consultants and discussing survey issues since January 2005, concluded that a professional survey was the most advantageous way of obtaining a sampling of resident opinions regarding cable TV. The survey will be paid for jointly by the Town of Highland Park and the City of University Park. The FRAG committee members and staff recommended acceptance of the proposal from Dallas Marketing Group in the amount of $12,750 +/-10%. The City's portion will be 72% or $9,180. Councilmember Shawver moved approval of the proposal with Dallas Marketing Group for the cable television community survey. Councilmember Carter seconded, and the vote was unanimous. PASSED AND APPROVED this 3rd day of May 2005. James H. Holmes III, Mayor ATTEST: Kate Smith, Deputy City Secretary AGENDA MEMO (05-02-05 AGENDA) DATE: TO: FROM: SUBJECT: April 27, 2005 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider Ordinance No __ amending the comprehensive Zoning Ordinance and map of University Park, by changing the zoning on the properties along the south side of Colgate, from Pickwick west to Preston Road, from Single Family-3 (SF-3) to Planned Development-20 (PD-20) for church uses. Background. At their 04.05.05 meeting, the City Council conducted a public hearing to receive information regarding a request from the University Park United Methodist Church to expand their existing Planned Development (PD-20) north across the alley to Colgate. As presented, the proposed campus would convert ten residential properties to church uses for expansion of the existing building, construction of four housing units, and a parking lot. The applicant all of the detailed site plan requirement, including a traffic & parking plan and a landscape plan. Following considerable discussion, the Council closed the public hearing and decided to defer action until their 05.02.05 meeting. Pursuant to Council direction, staff compiled a list of possible conditions, which are detailed in the attached ordinance. Recommendation. As stated previously, the Planning & Zoning Commission voted four to one in favor of recommending that the City Council approve the request to amend PD-20. ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 20 FOR UNIVERSITY PARK UNITED METHODIST CHURCH TO ADD THE PROPERTY DESCRIBED AS LOTS 9-17 OF BLOCK 45, UNIVERSITY HEIGHTS NO. 4 ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS THE SOUTH SIDE OF THE 4000 BLOCK OF COLGATE, UNIVERSITY PARK, TEXAS; APPROVING A CONCEPTUAL SITE PLAN ATTACHED AS EXHIBIT "A"; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, be, and the same are hereby, amended so as to grant an amendment to Planned Development District No. 20 for the University Park United Methodist Church so as to add the property described as Lots 9-17, Block 45, of the University Heights No. 4 Addition, an addition to the City of University Park, Dallas County, Texas, and more commonly known as, the south side of the 4000 block of Colgate, University Park, Texas. SECTION 2. That the conceptual site plan depicting the improvements for the planned development is attached hereto collectively as Exhibit "A" and made part hereof for all purposes the same as if fully copied herein. That a detailed site plan, containing the data required by Section 22-500 73918 of the Comprehensive Zoning Ordinance, shall be submitted for review and approval by the City Council without an additional public hearing. The City Council shall immediately schedule the detailed site plan for consideration. SECTION 3. special conditions: Review of the detailed site plan by the Planning and Zoning Commission is That this Planned Development District is granted subject to the following (a) The property will be developed only in conformance with the requirements of this ordinance and the approved detailed site plan; (b) That the property will be landscaped in accordance with the approved landscape plan to be attached as an Exhibit to the detailed site plan and made part hereof for all purposes, the same as if fully copied herein; (c) That the property will be used only for Church purposes, as defined by the Comprehensive Zoning Ordinance; (d) UDADAC will review preliminary architectural plans and comment on general architectural style prior to approval of detailed site plan; (e) The Park Advisory Committee will review landscape plan and comment prior to approval of detailed site plan; (f) City staff will review parking and traffic conditions on all streets in the vicinity of the proposed PD and make recommendations to the City Council; (g) Construction on all phases of the project must be completed within 36 months from the date the detailed site plan is approved by the City Council for the site; (h) The UPUMC shall pay for the cost of an appraisal of the alley easement between Caruth and Colgate from Pickwick to Preston to determine the fair market value for same as part of the City's abandonment of the alley; (i) An 8-foot wood screening fence shall be erected around the entire construction site during the first phase of construction and remain in place while construction is ongoing. Prior to starting the second phase, UPUMC will submit a fencing plan to screen the site during that phase which will be approved by the Park Advisory Committee; (j) Entry to the construction site for all activities and delivery of materials shall be from Preston Road; 73918 (k) No parking of construction vehicles or contractors' employees' vehicles on City streets. UPUMC will require the contractor to provide offsite parking for construction employees and a method of transferring employees to and from that location; (1) A fire suppression system shall be installed in all UMUMC existing and proposed buildings; (m) No explosives shall be used in the construction activities; (n) UPUMC shall provide a full-time liaison person during the construction to respond to questions and complaints from citizens at all times. A phone number for this contact will be provided to all adjacent property owners and posted at the Church and job site where it can be found by interested parties; (o) All exterior lighting will be of a type and design that will eliminate spillover onto adjacent property and streets; (p) The fence and landscaping surrounding the parking lot shall be designed so that cars in the lot will not be visible from the street or properties north of Colgate adjacent to the project when Phase ! is completed; (q) No left turn will be allowed into or out of the parking lot at Colgate and Pickwick; (r) Only activities of UPUMC will be held on the premises; (s) Trash receptacles after completion of Phase ! and Phase I! will be totally screened from view from adjacent property; (t) Any buses used by the Church to transport members for activities away from the Church will queue in the parking spaces on the north side of Caruth adjacent to the Church; (u) Background checks will be done on all construction workers prior to entering the site. A file will be kept by the Church of all background checks. Any worker who is a convicted felon or pedophile will not be allowed to work on the project; (v) Badges with photo IDs will be worn by construction workers at all times; and (w) No street closings for construction will be permitted between the hours of 7:15 a.m. to 8:45 a.m. and 2:15 p.m. to 3:45 p.m. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby are hereby repealed. 73918 SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of May 2005. APPROVED AS TO FORM: CITY ATTORNEY (RLD/4-27-05) ORDINANCE NO. APPROVED: JAMES H. HOLMES m, MAYOR ATTEST: NINA WILSON, CITY SECRETARY AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 20 FOR UNIVERSITY PARK UNITED METHODIST CHURCH TO ADD 73918 THE PROPERTY DESCRIBED AS LOTS 9-17 OF BLOCK 45, UNIVERSITY HEIGHTS NO. 4 ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS THE SOUTH SIDE OF THE 4000 BLOCK OF COLGATE, UNIVERSITY PARK, TEXAS; APPROVING A CONCEPTUAL SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of May 2005. APPROVED: MAYOR ATTEST: CITY SECRETARY 73918 AGENDA MEMO (5/03/05 AGENDA) DATE: TO: FROM: SUBJECT: April 27, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works Ordinance Regulating Newspaper Racks in Snider Plaza ITEM: To address concerns related to the proliferation of separate news boxes in the Snider Plaza retail area, staff has developed an ordinance regulating newspaper racks in Snider Plaza. Under the proposed ordinance, the city will purchase newspaper racks that hold multiple publications and install the units at fixed locations throughout Snider Plaza. Individual news boxes would not be allowed in the Snider Plaza area. The city will lease individual boxes within the newspaper racks to the publications to recover a portion of the costs. The proposed fee resolution amendment would require publications to obtain a permit and pay an annual fee of $48 per space. The permit fee is due at the time of application and renewal. If authorized to proceed, staff will seek bids for the purchase and installation of modular newspaper racks. Staff anticipates the installation of newspaper racks on Snider Plaza occurring this summer. RECOMMENDATION: Staff recommends approval of the ordinance and subsequent fee resolution. ATTACHMENTS: Ordinance Resolution 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31\05 03 05 Newsracks.doc 1:01 PM 04/27J LB 1 I I I I Ivl ILTON AYE R,c2~E DALE AVE 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\05 03 05 Newsracks.doc 1:01 PM 04/27/ ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES TO ADD A NEW ARTICLE 4.1200, "PLACEMENT OF NEWS RACKS"; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PERMITTING PROCESS; PROVIDING MAINTENANCE STANDARDS; PROVIDING REGULATIONS FOR PLACEMENT OF NEWS RACKS IN THE PUBLIC RIGHT-OF- WAY; PROVIDING FOR REMOVAL FOR NONCOMPLIANCE; PROVIDING FOR APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($$00.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 4 of the Code of Ordinances of the City of University Park is amended to add a new Article 4.1200 to read as follows: "ARTICLE 4.1200 PLACEMENT OF NEWS RACKS Sec. 4.1201 DEFINITIONS (a) Distributor shall mean the person responsible for placing and maintaining a news rack in a public right-of-way, or using a City-owned unit. (b) News rack means any self-service or coin-operated box, container, storage- unit or other dispenser, including City-owned units, installed, used, or maintained for the display and sale of newspapers or other news periodicals. (c) Parkway means that area between the sidewalks and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway that is not open to vehicular travel. (d) Roadway means that portion of a street improved, designed, or ordinarily used for vehicular travel. (e) Public Right-of-Way means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. Sidewalk that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. Sec. 4.1202 PERMIT REQUIRED It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place, in the City of University Park any news rack without first having obtained a permit from the Building and Zoning Administrator specifying the exact location of such news rack(s). One permit may be issued to include any number of news racks and shall be signed by the applicant. Sec. 4.1203 APPLICATION FOR PERMIT Application for such permit shall be made, in writing, to the Building and Zoning Administrator upon such form as shall be provided by him and shall contain the name and address of the applicant the proposed specific location of said news rack, shall be accompanied by the appropriate fee established by the Master Fee Resolution for each news rack space requested, and shall be signed by the applicant. Sec. 4.1204 CONDITIONS FOR PERMIT (a) As an express condition of the acceptance of such permit, the permit holder thereby agrees to indemnify and save harmless the City, its officers, directors, and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person as the result of the installation use or maintenance of a news rack within the City of University Park. (b) Permits shall be issued for the installation of a news rack or news racks without prior inspection of the location, except as provided herein, but such news rack or news racks and their installation, use or maintenance shall be conditioned upon observance of the provisions of this Article. Permits shall be issued within twenty-four (24) hours (excluding Saturday and Sunday and legal holidays) after the application has been filed. (c) Such permits shall be valid for three (3) years and shall be renewable pursuant to the procedure for original application referred to above. (d) Stickers showing the permit number shall be issued with the permit and must be displayed on the front of each news rack at all times. Sec. 4.1205 STANDARDS FOR MAINTENANCE AND INSTALLATION Any news rack, which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards: (a) No news rack shall exceed five feet (5') in height, thirty inches (30") in width, or two feet (2') in thickness. (b) No news rack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodical sold or distributed from such news rack. (c) Each news rack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication for which he has paid. The coin-return mechanisms shall be maintained in good working order. (d) Each news rack shall have affixed to it in a readily visible place so as to be seen by anyone using the news rack a notice setting forth the name and address of the Distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-returned mechanism or to give the notices provided for in this Article. (e) Each news rack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each news rack shall be serviced and maintained so that: (1) It is reasonably free of dirt and grease. (2) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof. (3) It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon. (4) The clear plastic or glass parts thereof, if any, through which the free of cracks, dents, blemishes and discoloration. Publications therein are viewed are unbroken and reasonably (5) The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading. (6) The structural parts thereof are not broken or unduly misshapen. (7) Sec. 4.1206 LOCATION AND PLACEMENT OF NEWS RACKS Any news rack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this Article: (a) No news rack shall be used or maintained which projects upon, into, or over any part of the roadway of any public street, or which rests wholly or in part upon, along, or over any portion of the roadway of any public street. (b) No news rack shall be chained, bolted, or otherwise attached to any fixture located in the public right-of-way, except to other news racks. (c) News racks may be placed next to each other, provided that no group of news racks shall extend for a distance of more than eight feet (8') along a curb, and a space of not less than three feet (3') shall separate each group of news racks. (d) No news racks shall be placed, installed, used or maintained: (1) Within three feet (3') of any marked crosswalk. (2) Within twelve feet (12') of the curb return of any unmarked crosswalk. (3) Within five feet (5') of any fire hydrant, fire call box, police call box or other emergency facility. (4) Within five feet (5') of any driveway. (5) Within three feet (3') ahead or fifteen feet (15') to the rear of any sign marking a designated bus stop. (6) Within three feet (3') of the outer end of any bus bench. (7) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet (6'). (8) Within three feet (3') of or on any public area improved with lawn flowers, shrubs, trees or other landscaping. (9) On any handicap access ramp. (10) At any location in Snider Plaza, between Hillcrest, Daniel, Dickens, and Lovers Lane, except City-owned news racks may be located as follows: 6) (ii) (iii) (iv) (v) (vi) (vii) Six (6) units on the north side of Westminster, between Snider Plaza and Hillcrest; Six (6) units on the west side of Hillcrest, between Rankin and Westminster; Twelve (12) units at the southeast corner of Snider Plaza and Rankin; Six (6) units at the northwest corner of Hillcrest and Milton; Six (6) units at the northwest corner of Hillcrest and Daniel; Twelve (12) units at the northwest corner of Snider Plaza and Daniel; and, Six (6) units at the southwest corner of Snider Plaza and Rosedale. The Building and Zoning Administrator shall determine the exact design, location and configuration of the City-owned units in Snider Plaza and an equitable manner of allocation of the units among Distributors. The City shall be responsible for the maintenance of such units. Sec. 4.1207 VIOLATIONS OF ARTICLE Upon determination by the Building and Zoning Administrator that a news rack has been installed, used or maintained in violation of the provisions of this Article, an order to correct the offending condition will be issued to the Distributor and owner of the news rack. Such order shall be telephoned to the Distributor and confirmed by mailing a copy of the order by certified mail return receipt requested. The order shall specifically describe the offending conditions, suggest actions necessary to correct the condition, and inform the news rack Distributor of the right to appeal. Failure to properly correct the offending condition within five (5) days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order or to appeal the order within (3) days after its receipt shall result in the offending news rack being summarily removed and processed as unclaimed property. If the offending news rack is not properly identified as to the owner under the provisions of this Article, it shall be removed immediately and processed as unclaimed property. An impound fee, which shall be measured by the City's cost and expense of impounding, shall be assessed against each news rack summarily removed. The Building and Zoning Administrator shall cause inspection to be made of the corrected condition or of a news rack reinstalled after removal under this section. The Distributor of said news rack shall be charged an inspection fee, to be established by Council Resolution, for each news rack so inspected. This charge shall be in addition to all other fees and charges required under this Article. Sec. 4.1208 APPEALS Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this Article may appeal and shall be advised of his right to appeal to the Zoning Board of Adjustment. Any appeal and notice requirements shall be in the same manner as required for appeals and notice to the Board in zoning cases. The Zoning Board of Adjustment shall give the appellant, and any other interested party, a reasonable opportunity to be heard in order to show cause why the determination of the Building and Zoning Administrator should not be upheld. Sec. 4.1209 BUILDING AND ZONING REPRESENTATIVE ADMINISTRATOR'S DESIGNATED "Building and Zoning Administrator" as used in this Article shall include his designated representative. Sec. 4.1210 ABANDONMENT In the event a news rack remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned and may be treated in the manner as provided in section 4.1207 for news racks in violation of the provisions of this Article." SECTION 2. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be unconstitutional, illegal or invalid. SECTION 3. That all ordinances in conflict with this ordinance or the Code of Ordinances as amended hereby are repealed. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance as amended hereby shall be deemed guilty of a misdemeanor, and subject to a penalty as provided for in this ordinance, and upon conviction shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such violation shall continue shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of May 2005. APPROVED: JAMES H. HOLMES m, MAYOR ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY (RLD; 12/6/04) 69930 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES TO ADD A NEW ARTICLE 4.1200, "PLACEMENT OF NEWS RACKS"; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PERMITTING PROCESS; PROVIDING MAINTENANCE STANDARDS; PROVIDING REGULATIONS FOR PLACEMENT OF NEWS RACKS IN THE PUBLIC RIGHT-OF- WAY; PROVIDING FOR REMOVAL FOR NONCOMPLIANCE; PROVIDING FOR APPEALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($$00.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of May 2005. APPROVED: MAYOR ATTEST: CITY SECRETARY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION OS-OS, EXHIBIT "A", SECTION i "ADMINISTRATIVE SERVICES", BY ADDING "NEWS RACK RENTAL FEES" TO ESTABLISH FEES FOR THE RENTAL OF CITY NEWS RACKS IN SNiDER PLAZA AS AUTHORIZED BY ARTICLE 4.1200 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution No. 05-05 of the City of University Park, Texas, the Master Fee Resolution, be, and the same is hereby, amended by adding to Exhibit "A", Section I "Administrative Services" a new subsection establishing "News Rack Rental Fees", as follows: "i. ADMINISTRATIVE SERVICES Rental of City Facilities (Ch. 1, Article 1.600) Council Chamber (Ch. 1, Article 1.700) News Rack Rental Fees (Article 4.1200 of the Code of Ordinances) Each news rack space provided by the City in Snider Plaza may be rented for $48 annually. The fee for the first year of rental shall be tendered with the application for a permit and will be billed annually thereafter to the permit holder during the rental term for such space." SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of May 2005. APPROVED: APPROVED AS TO FORM: JAMES H. HOLMES iii, MAYOR ATTEST: City Attorney (RLD/4-13-05) 73475 NINA WILSON, CITY SECRETARY AGENDA MEMO (05/03/05 AGENDA) DATE: TO: FROM: SUBJECT: April 28, 2005 Honorable Mayor and City Council Gary W. Adams, Chief of Police Use of Coffee Park for Peace Rally ITEM: David Phillips has requested the use of Coffee Park on May 14, 2005, from 10:00 a.m. to 2:00 p.m. to hold a peace rally for the purpose of promoting world peace and feeding the hungry. He anticipates less than a dozen people will be participating. They will be holding signs and banners at Northwest Highway and Hillcrest. There will be no bullhorns and no chanting. RECOMMENDATION: Staff recommends approval of this request providing Mr. Phillips agrees to pay any fees associated with the use of the park and the hiring of at least one police officer to be on site during the rally. ATTACHMENTS: Copy of request from Mr. Phillips. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31\Peace rally in Coffey Park.doc 1:21 PM 04/28J David Phillips Dallas, TX 75243-7000 Pho~: 21-'~:M0-0452 Pax: Em~14: d ;~hlll!ps, O287~bcglob~ Fax Cover Sheet University Park Fror~: David Phillips DonnB Wilkerson om~ ~.,.. 4/26/05 214-987- 5350 ;,h..~ .,m~. 214-340-0452 OURGENT ['~ REPLY ASAP TOTitl. PAGE$~ INCLUDING COVER: 'To alt~ concerned, I'm asking for your permission to hold a peaceful rally at Roy C. Coffey Park on May 14, 2005, from 10:00 A.NI. to 2:00 P,M. The theme is essentially promoting world peace and feeding the hungry through sharing and mutual cooperation. I antidpate less than a dozen people simply holding signs and banners at Northwest Highway and Hi,crest with little or no interaction with drivers unless they want an information sheet. There will be no bullhorns and no chanting. The goal is to put forth an Idea for consideration. This is not a fundralser and no money will be accepted. We have done this successfully in recent months at Lovers Lane and Greenville and Northwest Highway and Boedeker. All went well. If this meets with your approval, please alert me to any guidelines or restrictions there might be. Please inform me of your decision at your earliest opportunity. Thank you for your consideration. Sincerely, David Phillips AGENDA MEMO (05-02-05 AGENDA) DATE: TO: FROM: SUBJECT: April 27, 2005 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider Ordinance No __ amending the comprehensive Zoning Ordinance and map of University Park, by changing the zoning on the property at 4032 Marquette from Duplex-2 (D-2) to Single Family Attached (SF-A). Background. Pursuant to the owner's request, rezoning of the above- referenced property was considered at the 04.18.05 Planning & Zoning Commission meeting. The subject property, on the northeast corner of Preston and Marquette, was originally zoned D-2 as a buffer between Preston Road and the single family properties to the east. Most of the other D-2 properties abutting Preston have been previously rezoned to SF-A. Recommendation. Following the public hearing and discussion, the P&Z voted unanimously to recommend City Council approval of the requested zoning change. PLANNING AND ZONING COMMISSION MINUTES April 18, 2005 The Planning and Zoning Commission of the City of University Park met on Monday, April 18, 2005 at 5:30 P.M. in the Council Chamber of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Robert West - Chairman Doug Roach Bed Humann Randy Biddle Ed Freeman Absent & Excused Staff Members Att~i"g Bud Smallwood ~ ~ctor of Public Works Jennifer Pat~i~ 2 AG~ aistrative Secretary Rob Dillard 2 ity Att~ Bill Foose Jo Ann Norton H. Reed Shawver III Mr. West opened the public hearing and intrdduc¢fl the c6~ i§Sion members. He then read the specifics of the first case. PZ 05-06 - Analytical Surveys, representi~ ,he property owner, requesting a replat of Lot 3 and the east 8.50 feet of Lot 2, Blo~R 1 of Wesley Place Addition of the City of Uni~si~ ~a~k, more commonly known as 3555-57 Asbury, into two (2) Single Family Att~ ~ lot~ he property is zoned SF-A. Mr. ~ gcluired if the repiat conformed to city regulations. Mr. SmallW$ ~ stated yes, th eplat conformed to city regulations. Mr. West inquirdg i~ them @ere any favoring/opposing parties in the audience. None came forward. Mr. West closed the phblic hearing. Mr. West asked for a motion. Mr. Biddle moved to approve the request, with a second from Mr. Freeman. The motion was approved unanimously 5-0. Mr. West opened the public hearing and read the second case. Planning & Zoning Minutes 4/18/2005 Page 2 of 4 PZ 05-07 - Analytical Surveys, representing the property owner, requesting a replat of Lot 11, Block 4 of Wesley Place Addition of the City of University Park, more commonly known as 3483-85 McFarlin, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West inquired if the replat conformed to city regulations. Mr. Smallwood stated yes, the replat conformed to city regulations. Mr. West inquired if there were any favoring/opposing parties in the audience. None came forward. Mr. West closed the public hearing. Mr. West asked for a motion. Mr. Freeman moved to app ~g ~he request, with a second from Mr. Roach. The motion was approved unanimously 5-0. Mr. West opened the public hearing and read the ~ ~ ~se. PZ 05-08 - Doug Connally & Associates, repreS~ng the property owner, requesting a replat of Lot 1, Block 5 of Walkers Addition of~ ~ity of University Park, more commonly known as 3457-59 Normandy, into two (2)S ~9 [amily Attached lots. The property is zoned SF-A. Mr. West closed the public h~a~!ng, noting the applicant had withdrawn the application for 3457- 59 Normandy, on April Mr. West opened the ~ ~hc hearin~ ~nd read the fourth case. PZ 05-09 - Anal~ ~ ~ ~ ¢ ~re~nting the property owner, requesting a replat of Lot 14, Block 1 of Wal ~[s Additi~g ~f the City of University Park, more commonly known as 3448-50 Shenfig~ah, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West inquired if the replat conformed to city regulations. Mr. Smallwood stated yes, the replat conformed to city regulations. Mr. West inquired if there were any favoring/opposing parties in the audience. None came forward. Mr. West closed the public hearing. Mr. West asked for a motion. Mr. Biddle moved to approve the request, with a second from Mrs. Humann. The motion was approved unanimously 5-0. Planning & Zoning Minutes 4/18/2005 Page 3 of 4 Mr. West opened the public hearing and read the final case. PZ 05-10 - Tony McClung, representing the owner of the property of Lot 1, Block 47 of University Heights No. 5 Addition of the City of University Park, more commonly known as 4032 Marquette, requesting a rezoning from Duplex District-2 (D-2) into Single Family Attached District (SF-A). Mr. Tony McClung, representing the Finney Generation Skipping Trust, 8201 Preston Rd., Suite 440, Dallas, TX was introduced and made a brief statement regarding the owner's intentions. The lots to the north and south of the subject property are zoned Single Family Attached (SF-A). The zoning change request will enable the proposed town homes to be sold as two individual platted properties. Mr. West asked for the timeline of the construction process. Mr. McClung stated the construction process woul~ [egin in sixty (60) days, assuming the Commission and Council would grant the request of~e zone change. Mr. West inquired if there were any opposing parties i~ ~ a~i ~ Mr. Michael Haines, owner/resident of 4024 Marquette, was iht Oduced and noted his opposition. Mr. Haines stated he felt the addition of another structure zoned $i g!~ Eamily Attached (SF-A), in the immediate area would compound many issues. The structur~ ~ ated at 4033-35 Marquette, (known in the neighborhood as the "frat" house and directly across the street from the subject property) has had c~p::!aints in regards to the number of unrelated individuals residing in the household (code violati~) ~ ~he additional auto traffic created by such. Mr. Haines stated a formal complaint was } ~ged wi~ ~ty staff and currently the property was under investigation. Additional concerns note~ ~r: ~ were: concern/lack of accountability in tenant occupied structures, property owner'S ~~ ~ng ordinances, circular drive installation in a traffic ridden are~ ~gre§~ ar~uettdj gi!ding se~[ differences, density issues and the lack of maintenan~e in the aii ~[ psed by expressing his desire that the commission deny the re~ g~ of the applicant and thafi~ ~ ~b board for the opportunity to be heard. Mr. Freemg~ ~ked Mr. Haing if he was aware that the current zoning of the subject property was Mr. Haines stated Y~ ~S aware of the current zoning of the subject property and had researched the differen § between the two districts, and stated the allowable zoning creates double the issues. Mr. West inquired if Mr. Haines had contacted the owner of 4033-35 Marquette and expressed his concerns. Mr. Haines stated no, City staff indicated they would contact the owner in regards to the complaints. Mr. McClung made a brief statement noting the proposed, high-end town homes would be utilized as owner occupied structures. The same structure could be constructed in the Duplex Planning & Zoning Minutes 4/18/2005 Page 4 of 4 District. The main difference between the Single Family Attached District & the Duplex District is that the replat is only allowable in the Single Family Attached District, which allows individual land ownership/titles for each dwelling. Mr. West closed the public hearing. Mr. West asked for a motion. Mr. Roach moved to approve the request, with a second from Mr. Freeman, noting that city staff should follow up on the complaint at 4033-35 Marquette. The motion was approved unanimously 5-0. Mr. West asked for a motion on the minutes from the March 21, 2005 Pl~ing & Zoning meeting. Mr. Freeman moved to approve the minutes, with a secoaa from Mr. Biddle. The motion was approved unanimously 5-0. There being no further business before the Commission, Mr. Wdgt adjou~ g the meeting. Approved by: Date: Robert West, Chairman Planning & Zoning Commission ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY CHANGING THE ZONING ON THE PROPERTY AT 4032 MARQUETTE FROM DUPLEX-2 (D-2) TO SINGLE FAMILY ATTACHED (SF-A), SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 47, UNIVERSITY HEIGHTS NO. $, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, as heretofore amended, are hereby amended by granting a change of zoning from Duplex 2 (D-2) to Single Family Attached (SF-A) for the property at 4032 Marquette, more particularly described as Lot 1, Block 47, University Heights No. 5, an addition to the City of University Park, Dallas County, Texas. SECTION 2. That the development of the property shall be in accordance with the provisions of the Comprehensive Zoning Ordinance of the City of University Park, as amended hereby. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby are hereby repealed. 73701 SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part decided to be invalid, illegal or unconstitutional, and the same shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such a violation is continued shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of May 2005. APPROVED AS TO FORM: CITY ATTORNEY (RLD/4-19-05) ORDINANCE NO. APPROVED: JAMES H. HOLMES m, MAYOR ATTEST: NINA WILSON, CITY SECRETARY AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY CHANGING THE ZONING ON THE PROPERTY AT 4032 MARQUETTE FROM DUPLEX-2 (D-2) TO SINGLE FAMILY 73701 ATTACHED (SF-A), SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 47, UNIVERSITY HEIGHTS NO. 5, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of May 2005. APPROVED: MAYOR ATTEST: CITY SECRETARY 73701 DATE: TO: FROM: SUBJECT: AGENDA MEMO $/03/05 MEETING April 27, 2005 Honorable Mayor and City Council Kent R. Austin, Director of Finance FY2004 financial statements and Management Letter Comments (MLC) BACKGROUND Included on the May 3 meeting agenda is a brief discussion of the FY2004 MLC from the City's external auditors, Deloitte & Touche LLP. Transmission of the MLC and financial statements to the City Council is an annual event following conclusion of the audit. Reem Samra, Director, of Deloitte & Touche will attend the May 3 meeting to discuss the MLC content and FY2004 audit in general. The FY2004 published financial statements, known as the CAFR (Comprehensive Annual Financial Report), represent the second year of statements compliant with the Governmental Accounting Standards Board (GASB) Statement No. 34 standard. University Park is required to comply with this Statement, beginning FY2003, to remain consistent with Generally Accepted Accounting Principles (GAAP). Among other things, GASB 34 requires the City to value, record, and depreciate all of its physical infrastructure (not just utility-type assets, as under the old standard), produce a citywide income statement-style report (known as the Statement of Activities), and adopt a new format for the Balance Sheet, now known as the Statement of Net Assets. Fund- level statements are still required and are also presented. I am pleased to report that the FY2004 MLC is even briefer than last year's letter and contains no comments regarding significant corrections or changes that must be made. am proud of the job our finance staff has done over the past three years in improving internal processes and complying with the new accounting standard. RECOMMENDATION Staff recommends the City Council accept the FY2004 MLC and CAFR and refer them to the Finance Advisory Committee for further examination. ATTACHMENTS: · FY2004 CAFR · FY2004 MLC 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDA MEMO MLC FY004 05032005.doc 11:51 AM 04/28/05 March 30, 2005 The Honorable Mayor and City Council City of University Park 3800 University Blvd. University Park, Texas 75205 Dear Council Members: In planning and performing our audit of the basic financial statements of the City of University Park, Texas (the "City"), for the year ended September 30, 2004, on which we have issued our report dated March 30, 2005, we considered its system of internal control in order to determine our auditing procedures for the purpose of expressing an opinion on the financial statements and not to provide assurance on the system of internal control. Our consideration of internal control would not necessarily disclose all matters in the internal control that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A description of the responsibility of management for establishing and maintaining internal control, and the objectives of and inherent limitations in internal control, is set forth in the attached Appendix and should be read in conjunction with this letter. A material weakness is a condition in which the design or operation of specific internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the system of internal control and its operations that we consider to be material weaknesses as defined above. We did note other matters related to internal control and other administrative and operating matters that resulted from our observations made in connection with our audit of the City's financial statements for the year ended September 30, 2004. Our comments are presented in the following Exhibit. This report is intended solely for the information and use of management and the City Council and is not intended to and should not be used by anyone other than these specified parties. We would be pleased to discuss these observations and recommendations further with you and to assist you in implementing them. Yours truly, -1- DAL City of University Park (Management Ltr ) Yr end Sept 30 2004 EXHIBIT CASH RECEIPTS Observation The current procedures at the City do not require a cashier to prepare a cash receipt when a customer brings a copy of a bill at the time of payment of the bill. Instead, the customer's bill is stamped with a remittance advice. Such receipts are prepared in other situations. As a result, the cashier is not maintaining an audit trail documenting the transaction and, therefore, jeopardizes controls over the cash collection process. Recommendation Implement procedures that would require the clerk to issue a prenumbered receipt in all instances of cash collections or enter it in the system and use the system capability of printing prenumbered receipts. Management Response In July 2003, a cash drawer and payment receipting system was installed as part of the utility system upgrade. All "over the counter" utility payment transactions entered into the system automatically generate a numbered, two-part receipt. Part one of the receipt is the customer copy, while part two is a transaction copy maintained on a continuous roll. Therefore, use of a prenumbered receipt book is unnecessary and would lead to confusing cross-references in the audit trail. The primary issue noted during the audit was that utility staff was retaining the customer copy of the system- generated receipt and manually stamping customer invoices and remittance advices as "paid." Staff also hand- wrote information on the invoice, including date of receipt, payment type, amount received and the initials of the receipting cashier. We agree that this manual process is duplicative and unnecessary. Utility staff have been instructed to give the customer the system-generated receipt while continuing to retain and archive the continuous-roll receipt copy for audit or analysis purposes. NEW ACCOUNTING PRONOUNCEMENTS Observation GASB 40: DEPOSIT AND INVESTMENT RISK DISCLOSURE In March 2003, the Governmental Accounting Standards Board ("GASB") issued Statement No. 40, Deposit and Investment Risk Disclosures ("GASB 40"), which will be effective for the City in fiscal year 2005. GASB 40 establishes more comprehensive disclosure requirements regarding state and local governments' deposit and investment risk related to credit, interest rate and foreign currency risk. GASB 42: CAPITAL ASSET IMPAIRMENT The GASB has also issued Statement No. 42, Accounting and Financial Reporting for Impairment of Capital Assets' and for Insurance Recoveries ("GASB 42"), which will be effective for the City in fiscal year 2006. GASB 42 establishes accounting and financial reporting for the impairment of capital assets and clarifies and establishes the accounting requirements for insurance recoveries. The standard requires that state and local -2- DAL City of University Park (Management Ltr ) Yr end Sept 30 2004 governments report the effects of capital asset impairments in the financial statements when impairments, which are determined to be other than temporary, occur. Impairments of capital assets can occur under the following circumstances: changes in the utility of the asset, physical damage, changes in legal or environmental laws and regulations, technological changes or obsolescence, changes in the manner or duration of use, or construction stoppages. GASB 44: ECONOMIC CONDITION REPORTING The GASB has also issued Statement No. 44, Economic Condition Reporting: The Statistical Section, effective for the City in fiscal year 2006, which changes the requirements of what must be included in the statistical section of the City's Comprehensive Annual Financial Report, adding new schedules, eliminating selected schedules and requiring additional disclosures on certain data included in the statistical section. GASB 45: OTHER POSTEMPLOYMENT BENEFITS The GASB has also issued Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions, effective in fiscal year 2009, which establishes standards for the measurement, recognition and display of other postemployment benefits expense/expenditures, related liabilities and note disclosures in the financial statements. Recommendation Begin reviewing the recently issued standards to determine the approach the City will take to implement them as they become effective. Management Response Noted. City staff will review and implement applicable pronouncements as necessary to ensure full compliance with GASB disclosure standards. -3- DAL City of University Park (Management Ltr ) Yr end Sept 30 2004 APPENDIX MANAGEMENT'S RESPONSIBILITY FOR AND THE OBJECTIVES AND LIMITATIONS OF THE INTERNAL CONTROL STRUCTURE The following comments concerning management's responsibility for internal control and the objectives of and the inherent limitations of internal control are adapted from the Statements on Auditing Standards of the American Institute of Certified Public Accountants. Management's Responsibility Management is responsible for establishing and maintaining internal control. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of controls. Objectives The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Limitations Because of inherent limitations in any internal control, misstatements due to error or fraud may occur and not be detected. Also, projections of any evaluation of internal control to future periods are subject to the risk that the internal control may become inadequate because of changes in conditions or that the degree of compliance with the policies or procedures may deteriorate. -4- DAL City of University Park (Management Ltr ) Yr end Sept 30 2004 BOARD OF ADJUSTMENT MINUTES February 28, 2005 The Board of Adjustment of the City of University Park met on Monday, February 28, 2005 at 5:00 P.M. in the Council Conference Room of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Jerry Grable - Chairman Jim Lake Beth Dargene Lon Houseman William Hitzelberger, III Staff Members Attending Bud Smallwood - Director of Public Works Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Absent & Excused: Roy Kull - Secretary Bill Lang Steve Metzger Mr. Grable opened the public hearing and introduced the commission members. Mr. Grable asked for a motion on the minutes from the November 22, 2004 Board of Adjustment meeting. Mr. Hitzleberger moved to approve the minutes, with a second from Mr. Lake. The motion was approved unanimously 5-0. Mr. Grable read the case. B.O.A. 05-01 - Jerry Stark, owner of the property at 6620 Golf, requesting a variance to Section 9-1002(1) of the University Park Zoning Ordinance to allow a vertical wall surface in excess of twelve feet, six inches (12'-6") in height to be closer than forty (40') feet to the rear property line. The applicant is proposing a vertical wall height of twenty-two feet, two inches (22'- 2") on the northeast elevation of the structure, to allow the addition of a second dormer (on the same elevation) in order to maintain the architectural balance of the structure. Mr. Grable stated, unfortunately, due to an error in regards to the legal notice the case could not be heard. He noted the case would have to be re-noticed referencing to Section 9-602(2)(a) versus Section 9-1002(1). There being no further business before the Commission, Mr. Grable adjourned the meeting. Chairman Board of Adjustment Date: