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Home My WebLink AboutAgenda 06-07-05 Names & Tabs.do AGENDA #2511 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JUNE 7,2005 AT 5:00 P.M. 4:00-5:00P.M. WORK SESSION FOR AGENDA REVIEW I. INVOCATION - Councilmember Kelly Walker II. PLEDGE OF ALLEGIANCE - Councilmember Kelly Walker III. INTRODUCTION OF STAFF - City Manager Bob Livingston IV. AWARDS & RECOGNITION CERTIFICATE OF APPRECIATION: Jo Ann Norton for 17 years of service to the City on the Zoning Ordinance Advisory Committee, Urban Design and Development Committee and the Planning & Zoning Commission DEPARTMENT PINS: Maintenance Technician, Utilities Department, Omar Flores, 20 years; Engineering Technician, Public Works Department, Al Hagan, 15 years; Chief of Police Gary Adams, 5 years of service to the City. PROCLAMATION: Honoring Boy Scout Troop 70, "The Jamboree Troop", on their 75th anniversary June 25, 2005. V. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. VI. CONSENT AGENDA A. CONSIDER: Snider Plaza Summer Banners - Bradley Tab I B. CONSIDER: Ordinance for trees on public property - Bradley Tab II C. CONSIDER: Bid #05-11 for Yard Waste Bags - Green Tab III D. CONSIDER: Approval of City Council Meeting Minutes for May 18, 2005 - Wilson Tab IV VII. MAIN AGENDA A. PUBLIC HEARING: To consider an ordinance creating a Planned Development for the improvements to City Hall - Smallwood Tab V B. CONSIDER: Bid and award of contract for Turtle Creek box culvert for City Hall expansion - Smallwood Tab VI C. DISCUSS: Financial plans for City Hall, Turtle Creek box culvert and Goar Park improvements - Austin Tab VII D. CONSIDER: Ordinance for four 20-minute parking spaces in front of 3419 Westminster - Corder Tab VIII E. CONSIDER: Ordinance for Defective Sidewalk Code Definition - Corder Tab IX F. CONSIDER: Ordinance Amendment regarding dangerous dogs - Adams Tab X G. DISCUSS: Resolution for Max-A-Million Carriage Rides - Adams Tab XI H. CONSIDER: Approval of proposal for architectural services for Hillcrest/Lovers Lane Park and right-of-way landscape improvements - Bradley Tab XII I. CONSIDER: Ordinance for budget amendment to FY2005 budget - Austin Tab XIII 1. CONSIDER: Ordinance for Portable Storage Devices Code Regulations - Corder Tab XIV 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. INFORMA TION AGENDA Tab XV REPORTS, BOARD AND COMMITTEE MEETING MINUTES A. BOARD OF ADmSTMENT B. EMPLOYEE BENFITS ADVISORY COMMITTEE C. FINANCE ADVISORY COMMITTEE D. P ARK ADVISORY COMMITTEE E. PLANNING & ZONING COMMISSION Minutes for March 21 and April 18, 2005 F. PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE G. PUBLIC SAFETY ADVISORY COMMITTEE H. PUBLIC WORKS ADVISORY COMMITTEE I. URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE 1. ZONING ORDINANCE ADVISORY COMMITTEE K. CAPIT AL PROJECTS REVIEW COMMITTEE 19 AGENDA MEMO (06/07/2005 AGENDA) DATE: May 31,2005 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Snider Plaza - Summer Banner 2005 BACKGROUND: On May 18, 2005, City Council met with Mari Madison of Design Strategies to discuss the final design of the summer banner for Snider Plaza. At the meeting, City Council provided direction to the graphic artist based on the review of concepts provided. RECOMMENDATION: Staff is requesting City Council approve the attached design for the Snider Plaza summer banner. ATTACHMENTS: Snider Plaza - summer banner 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \summerbanner 2005.doc 3:28 PM 06/011 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 r p ,,~n 19 MEMO (06/07/2005 Agenda) DATE: May 31,2005 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: City Tree Ordinance BACKGROUND During City Council meetings in April and May 2005, staff provided City Council with background information regarding the development of a Tree Ordinance. Staff presented City Council with a tree list from tree species to be planted on public property, supported by the City's Arborist and the North Texas Urban Forestry Council. Staff also provided Council with background information regarding the National Arbor Day Foundation's Tree City USA Program. At the May 18, 2005 City Council meeting, a representative of TXU Electric requested that the city add a provision to the Tree Ordinance recommending specific tree species be planted under power lines which would reduce the potential utility line problems in the future. Based on City Council's request, staff has added this item within Section F of the Tree Ordinance. RECOMMENDATION Staff is requesting City Council's approval of this final version of the Tree Ordinance to be incorporated into the City's Codes and Ordinances under Article 3.1906 Tree Ordinance. Staff is also requesting City Council's approval for staff to proceed with application with the National Arbor Day Foundation for Tree City USA recognition. ATTACHMENTS: Copy of Revised Tree Ordinance 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Council-Tree Ordinance 6-7-05 8:38 AM 06/02/05 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADDING SECTION 13.1906 "TREE ORDINANCE" TO THE CODE OF ORDINANCES; PROVIDING FOR THE ESTABLISHMENT OF A TREE BOARD; PROHIBITING THE PLANTING OF TREES EXCEPT FROM THE TREE LIST; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Code of Ordinances of the City of University Park, Texas, is amended by adding Section 13 .1906 "Tree Ordinance" as follows: "Sec. 13.1906 Tree Ordinance A. Definitions Parkway trees: "Parkway trees" are herein defined as trees on land lying between the back of curb and the city sidewalk on either side of all streets, avenues or ways on public property. Park trees: "Park trees" are herein defined as trees in public parks having individual names, and all areas owned by the City, or to which the public has free access as city property. B. Creation and Establishment of City Tree Board There is hereby created and established a City Tree Board for the City of University Park, Texas which shall consist of the mayor appointed members of the Park Advisory Board and the city's Urban Forester. The board will also review the planning and implementation of the city's annual Arbor Day Celebration. C. Duties and Responsibilities It shall be the responsibility of the City Urban Forester to study, investigate, council and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees , along streets and in other public areas. The City Urban Forester, when requested by the Park Advisory Board or City Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within scope of its work. D. Parkway Trees Species to be planted 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Council-Tree Ordinance 6-7-05 8:38 AM 06/02/05 The following list constitutes the official Tree Species for the City of University Park, Texas. No species other than those included in this list may be planted in a parkway. Tree Common Name Bald Cypress Bur Oak Cedar Elm Chinese Pistachio Chinqapin Oak *Crape Myrtle Mexican White Oak Live Oak Red Oak *Yaupon Holly Botanical/Scientific Name Taxodium Distichum Quercus Macrocarpa Ulmus Crassifolia Pistachia Chinensis Quercus Muehlenbergi Lagerstroemia Indica Quercus Mexiana Quercus Virginiana Quercus Shummardi Ilex V omitoria * Trees recommended for planting under power lines with a mature height estimated at less than 25 feet. E. Park Trees Species to be planted Trees from the official Tree Species list for the City of University Park may be planted within the City park system. Any additions to this list including small ornamental trees shall be reviewed and approved by the Director of Parks, the City's Urban Forester and the Park Advisory Board. F. Distance from Street Corners and Fireplugs No parkway tree shall be planted closer than 35 feet to any street corner or 15 feet to any alley corner, measured from the point of the nearest intersecting curbs or curb lines. No parkway tree shall be planted closer than 10 feet to any fireplug. No parkway tree shall be planted within 20 feet of an overhead Power Line unless its mature height is less than 25 feet. For underground lines, call Dig Tess (I-800-Dig Tess) prior to digging. G. Public Tree Care The City shall have the right to plant, prune, maintain and remove trees within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Urban Forester may remove or cause order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. H. Pruning, Corner Clearance 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Council-Tree Ordinance 6-7-05 8:38 AM 06/02/05 Every owner of any tree overhanging any parkway or right-of-way within the City shall prune the branches so that such branches shall not become an obstruction to traffic, a hazard, unsightly, or interfere with lights from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8') above the sidewalk and fourteen feet (14') above the curb line. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it overhangs a public right-of-way or easement and interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sIgn. I. Interference with Tree Ordinance It shall be unlawful for any person to prevent, delay or interfere with a City employee or agent while he is engaging in the planting, cultivating, mulching, pruning, spraying, or removing of any parkway tree or park tree as authorized in this article." SECTION 2. All ordinances of the City of University Park in conflict herewith are repealed. SECTION 3. Should any word, phrase, paragraph, section or portion of this ordinance, or of the Code of Ordinances, as amended hereby, be held to be unenforceable, void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, or of the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. 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, this the 7th day of June 2005. APPROVED: JAMES H. HOLMES III, MAYOR ATTEST: NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/5/l1/05) (74240) 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Council-Tree Ordinance 6-7-05 8:38 AM 06/02/05 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADDING SECTION 13.1906 "TREE ORDINANCE" TO THE CODE OF ORDINANCES; PROVIDING FOR THE ESTABLISHMENT OF A TREE BOARD; PROHIBITING THE PLANTING OF TREES EXCEPT FROM THE TREE LIST; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND PROVIDING AN EFFECTIVE DATE. Duly Passed by the City Council of the City of University Park, Texas, this 7th day of June 2005. APPROVED: JAMES H. HOLMES III, MAYOR ATTEST: NINA WILSON, CITY SECRETARY 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Council-Tree Ordinance 6-7-05 8:38 AM 06/02/05 19 AGENDA MEMO (6/7/05 AGENDA) DA TE: June 2, 2005 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Bid #05-11, Yard Waste Bags Bid #05-11 for the purchase of yard waste bags was opened April 21, 2005. This bid was posted on RFP Depot: 307 vendors received fax or e-mail notice of the bid; 29 vendors viewed the bid; two vendors submitted bids. Duro Standard Products Company Inc. (Duro Bag) and Ampac submitted tie bids in the amount of$57,600.00 ($0.32 per bag). This is a $0.06 per bag increase over the last bid taken in October of2003 ($0.26 per bag). Duro Bag has supplied the City's yard waste bags since 2000, and the quality of their products and service has been good. I believe that our established relationship with Duro Bag breaks the tie bid in their favor. The cost of these bags is recovered through sale to consumers ($4.00 for a bundle offive bags). RECOMMENDA TION: Staff recommends accepting the bid of Duro Standard Products Company Inc. in the amount of $57,600.00 A bid tabulation with price history is attached. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \0511 memo. doc 10:07 AM 06/0: Bid #94-55, Opened 7/22/94 Vendor: International Paper Price: $0.2045 per bag Bid #97-11 , Opened 12/20/96 Vendor: Arrow ndustries Price: bag $0.24472 per Bid #98-20, Opened 7/16/98 Vendor: Arrow Industries Price: bag $0.245 per Bid #00-1 pened 8/7/00 Vendor: Bag Price: $0.255 per bag Bid #02-09, Opened 3/4/02 Vendor: Duro Bag Price: $0.255 per bag PRICE HISTORY: Bid #03-15, Opened 10/24/03 Vendor: Duro Bag Price: $0.26 per bag RFP DEPOT STATISTICS Notified: 307 vendors received e-mail or fax notice of the bid Viewed: 29 vendors downloaded a copy of the bid Brown Kraft Bags 80,000 $ 0.32 $ 57,600.00 $ 0.32 $ 57,600.00 DESCRIPTION QTY. 1. DURO STANDARD PRODUCTS CO. INC. UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE SEALED BID #05-11 2. BROWN KRAFT (YARD WASTE) BAGS - TABULATION AMPAC OPENED 10:00 A.M ., 4/21/05 MINUTES #2510 CITY COUNCIL MEETINGIWORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, MAY 18, 2005, 7:30 AM. Mayor Blackie Holmes opened the meeting of the City Council. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Harry Shawver, Kelly Walker, and Syd Carter. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. ITEMS FROM THE FLOOR Mr. Robert W. Carter, 4004 Colgate, addressed the council. Mr. Carter was interested in purchasing the alley in the 4000 block of Colgate north of University Park United Methodist Church. The mayor informed Mr. Carter that the abutting property owner had first refusal on buying adjacent property. The church is planning on purchasing the alley. Mayor Pro Tern Roberts moved acceptance of the Consent Agenda with the exception of the ordinance for University Park United Methodist Church, which he requested be pulled from the agenda for further discussion. Councilmember Walker seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER BID AND AWARD OF CONTRACT TO INTELLIGENT TRAFFIC EQUIPMENT MARKETING LTD. FOR LIGHTED CROSSWALK WARNING SYSTEM, 3500 LOVERS LANE, SCHOOL CROSSING, PROJECT NO. 42730.2500: The bid and award of contract was made to Intelligent Traffic Equipment Marketing Ltd., in the amount of $24,721.34. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For May 3, 2005. CONSIDER ORDINANCE FOR APPROVAL OF EXPANSION AND CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT NO. 20, UNIVERSITY PARK UNITED METHODIST CHURCH: Approval of the ordinance will implement the conditions for the planned development as discussed by the City Council at it May 3rd meeting. The conditions set standards for the way the construction on the property will be handled and are intended to minimize impact on adjacent properties both during construction and after. After a great deal of discussion regarding the listed conditions of the University Park United Methodist Church's ordinance, Councilmember Shawver moved approval of the ordinance. Mayor Pro Tern Roberts seconded, and the vote was unanimous to approve the ordinance as written. ORDINANCE NO. 05/14 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. MAIN AGENDA CONSIDER RESOLUTION TO CHANGE CITY COUNCIL MEETINGS TO 1 ST AND 3RD TUESDAYS AT 5:00 P.M.: Several circumstances would be improved if the Wednesday morning meeting were changed to 5:00 p.m. on the 3rd Tuesday of the month with an agenda review at 4:00 p.m. It would be possible to have more public hearings, a 5:00 p.m. meeting would be more convenient for residents, and meetings could be held in the Council Chambers allowing larger groups of people to be present. Mayor Holmes moved approval of the resolution for city council meetings to be held on the first and third Tuesdays of the month at 5: 00 p. m. with an agenda review at approximately 4: 00 p.m. beginning June 1, 2005. Councilmember Carter seconded, and the vote was unanimous to approve the resolution. RESOLUTION NO. 05-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING MEETING DATES AND TIMES FOR THE CITY COUNCIL; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE FOR CITY TREES: Park Director Gerry Bradley presented a list of tree species supported by the City's Arborist and the North Texas Urban Forestry Council. The list of tree species is intended to serve as an approved guideline in providing direction for tree planting on public property. Staff has been in contact with the National Arbor Day Foundation to obtain information regarding the City of University Park's recognition as a Tree City USA award recipient. The application requires a Tree Board or Department establishment, a Community Tree Ordinance, a Community Forestry Program and an Arbor Day Observance and Proclamation. Staff presented a comprehensive "Tree Ordinance" involving tree planting guidelines on all public property. Based on approval, staff will begin the application process with the National Arbor Day Foundation for Tree City USA recognition. Mr. Bradley requested Code Enforcement Officers assist the Park Department with enforcement. He also plans to place the list of trees on the web site in order to educate the public. These trees will be placed on city rights-of-way and in the parks. Mr. Randy Newsom, TXU Electric Delivery, requested the city work with TXU to come up with a compromise on the ordinance to consider trees that would work with the power lines. Mr. Newsome suggested that Section F. of the ordinance have "and Power Lines" added to the heading and that the following wording be changed on Section F to read: "No parkway tree shall be planted within 20 feet of an overhead Power Line unless its mature height is less than 25 feet. For underground lines, call Dig Tess (I-800-Dig Tess) prior to digging." An ordinance with those considerations included will be considered at a future city council meeting. CONSIDER NEW BANNER DESIGN AND PARK INFORMATION SIGNS: Ms. Mari Madison, Design Strategies, presented the latest concepts of banners and signs for city council approval. Summer banners, fall banners and holiday banners were presented. A modification was requested on the summer banners. Park Director Gerry Bradley will show the merchants of Snider Plaza the modified selection of summer banners. The fall and holiday banners will be modified and presented at a future city council meeting. Park Information Signs for Caruth Park were also shown to the council. The Caruth Park signs will be modified as well and presented at a future city council meeting. DISCUSS CITIZEN SURVEY OPTIONS: In order to ensure that University Park city services are responsive and adequate resources are provided and placed appropriately within the community, staff would like to solicit residents' comments through a citywide citizen survey. The last time a citizen survey was conducted by the city was 1992. Conducting a citizen survey also falls under Strategic Goal #6 which is, Service Delivery: Commitment to excellence in city services. Three survey options were discussed: a proposal from SMU, Dallas Marketing Group, or Dallas Marketing Group for the survey and Joe McNamara for public relations. The council agreed that the Dallas Market Group would conduct the survey and that Joe McNamara would be used for public relations, if needed. DISCUSS RADIO INTEROPERABILITY: The North Central Texas Council of Governments commissioned RCC Consultants to assess the radio interoperability needs of local governments in Region 40 in order to insure communications among state, federal and local government agencies during emergency operations. The City of University Park is located in Region 40. RCC Consultants met with The City of Dallas, Dallas County, The Town of Highland Park and The City of University Park in January 2005 to discuss the needs of each entity. From that discussion RCC visited each entity's dispatch sites to view and assess first hand what equipment was on hand and what would be needed to accomplish interoperability. The assessment was completed and issued on March 9, 2005. From this assessment each entity must approve the recommendations to be eligible to receive funding from the Department of Justice to purchase the equipment. The North Central Texas Council of Governments will have oversight of the funds and issue equipment specifications for the equipment to be purchased and installed. Each entity, however, will be responsible for the maintenance of the equipment for reliability. The city is also responsible for filing for any radio frequency license required by the FCC to operate the frequencies, procure frequencies necessary to operate the system and/or develop interlocal agreements with the agencies to operate on their frequencies. CONSIDER BID #05-09 FOR ANNUAL CONTRACT FOR UTILITY PARTS: The bids were awarded in groups by category to All- Tex Supply Pipe Supply, Inc., D & W Utility Supply, Ferguson Waterworks, Metro Valve Pipe, Municipal Water Works Supply, LP, and Techline, Inc. for the estimated annual total of$142,337.62. Mayor Pro Tern Roberts moved approval of the bid. Councilmember Walker seconded, and the vote was unanimous to approve the annual contract for utility parts. Mayor Blackie Holmes then convened the city council into Executive Session at 9:00 a. m. to receive legal advice from the City Attorney under Section 551. 071 of the Government Code. The Executive Session was adjourned at 9:20 a.m. No action was voted on or taken during the meeting. PASSED AND APPROVED this ih day of June 2005. James H. Holmes III, Mayor ATTEST: Nina Wilson, City Secretary 19 AGENDA MEMO (06-07-05 AGENDA) DATE: June 2, 2005 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider Ordinance No. _ creating a Planned Development for the improvements to City Hall. Background. At their 05.21.05 meeting, the Planning & Zoning Commission reviewed a request from the City of University Park to create a Planned Development (PD) for City Hall. The proposed Detailed Site Plan includes the existing City Hall, the proposed expansion, and the employee parking lot at the northwest corner of Golf & Haynie. The Detailed Site Plan as presented meets all of the requirements detailed in the Zoning Ordinance. Additionally, I informed the P&Z that the proposed development represents what was shown to the residents in public and private presentations over the past year. Although the issue was advertised for a public hearing, there was no written or oral testimony given at the meeting. After discussion, the P&Z voted unanimously to recommend Council approval of the Planned Development. Recommendation.Staff recommends City Council approval of the Planned Development in accordance with the attached Detailed Site Plan. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \AM City Hall PO Ordinance 06 07 05.doc 8:39 AM 06/021 CITY COUNCIL UNIVERSITY PARK, TEXAS PUBLIC HEARING LEGAL NOTICE June 7, 2005 The City Council of the City of University Park will conduct a public hearing on Tuesday, June 7, 2005 at 5:00 p.m. in the City Council Chambers of City Hall, 3800 University Blvd. University Park, Texas. Consideration will be given to the following: Gene R. Smallwood, representing the City of University Park, requesting the creation of a Planned Development for Lot 1, Block 8 of University Park Estates of the City of University Park, more commonly known as 3800 University. The City is required to rezone the subject property from Single Family District 3 (SF-3) into a Planned Development District (PD) as a result of proposed new construction which will modify the existing site plan. The Planning & Zoning Commission recommended the approval of this request at its May 16,2005 meeting (PZ 05-13). 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. 21 FOR THE CITY OF UNIVERSITY PARK FOR THE PROPERTY DESCRIBED IN EXHffiIT "A" ATTACHED HERETO IN THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 3800 UNIVERSITY BOULEVARD, UNIVERSITY PARK, TEXAS; APPROVING A DETAILED SITE PLAN ATTACHED AS EXHffiIT "B"; 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 Planned Development District No. 21 for the City of University Park for the property described in Exhibit "A" attached hereto and made part hereof, in the City of University Park, Dallas County, Texas, and more commonly known as 3800 University Boulevard, University Park, Texas. SECTION 2. That the detailed site plan depicting the improvements for the planned development is attached hereto collectively as Exhibit "B" and made part hereof for all purposes the 74743 same as if fully copied herein. That the detailed site plan contains the data required by Section 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That this Planned Development District is granted subject to the following special conditions: (a) The property will be developed only in conformance with the requirements of this planned development ordinance and the approved detailed site plan; (b) That the property will be landscaped in accordance with the approved landscape plan attached as part of 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 City Hall, police station, fire station, municipal court, administration, parking and other municipal purposes as defined by the Comprehensive Zoning Ordinance and the detailed site plan; (d) An 8-foot solid plywood screening fence shall be erected between Goar Park and the construction site, and along the Vassar and University frontages of the construction site, during construction and remain in place while construction is ongoing; (e) No parking of construction vehicles or equipment will be permitted on City streets, except for streets that are closed for construction. All parking shall be in the space provided on the site or in the employee parking lot. If additional parking is required, the contractor shall provide off-premises parking and shuttle workers to the site; (f) All trash receptacles will be totally screened from view from the adjacent properties and placed as close to the building as possible; (g) No explosives shall be used in the construction operations; (h) The City 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 construction site, where it can be found by interested parties; (i) In order to minimize disruption to the adjacent residential neighborhood, the City will contract for, and use its best efforts to insure, substantial completion of construction of the City Hall improvements within twenty-four months after commencement of construction; 74743 G) Construction equipment and delivery vehicles shall use a route from Northwest Highway south along Preston Road to University Boulevard, then east to the construction site. During excavation and concrete operations, the vehicles shall turn north from University onto Turtle Creek to Vassar, then east on Vassar to an interior construction road along the west side of the construction site and then south to University Boulevard and back west to Preston Road; and (k) Unless special written permission is granted by the Director of Public Works, working hours on the project shall be restricted to Monday through Saturday, from 7:00 a.m. to 6:00 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. 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. 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 7th day of June 2005. 74743 APPROVED: JAMES H. HOLMES ill, MAYOR ATTEST: NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/6-2-05) 74743 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. 21 FOR THE CITY OF UNIVERSITY PARK FOR THE PROPERTY DESCRIBED IN EXHffiIT "A" ATTACHED HERETO IN THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 3800 UNIVERSITY BOULEVARD, UNIVERSITY PARK, TEXAS; APPROVING A DETAILED SITE PLAN ATTACHED AS EXHffiIT "B"; 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 ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of June 2005. APPROVED: MAYOR ATTEST: CITY SECRETARY 74743 ll~ I ~ I.dl gEJj I-j!! 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If ; ~'[ ~JII ~:]III~11 []) ~ ~1IlJ.11 m:I:lllllln University Park City Hall Renovation & Expansion ~ ~ I Hilllll. \ li"\ \ \ \\ \\ \ \ II \ i ~ ~":::::::::-~.:::.-.---- ~.0 ~ .~-._-~ ------ \ \ \ \ \ CJ--~ ------ ====- ~jll[]\1 ~I University Park City Hall Renovation & Expansion IIII1 Iliilll Ii II. !il!' If . II I , o I;" II i!lnl ~ ~ I ! ~ nlll !l[ -.~ 2: S I !, Iii: Ill!' ~ , 'I I fl ' 1 Ii II , t ~ q ~ I ! , ii' 1,~ >~ ~~ " <,j ~@] EJ. rnJEl. 8888GB 8. 8~" -; il 'l!inS~"I~SII! '! ' H"~d" !. j! l' I i II d' II: . I! HI I!.' I' I' I i I. i ! -I i ,I 'I ' I, i, i " ,. li'~~~ ~~~....- ;Hml ,h, ,. I H " ,! ~! H ~ 3 ! !Ii t H ! ! 1 l' , ,I--.I~T-;..........~......I iiu;ii;1 1 T--:J I[ ~ I i Ii : -II '1'-'1 , , i 113m) I\'.II_! , , I I. 113m) -,imi-I! !I ' I 113m) -li--'f, -,t ,: ,~ ~ ~ ~ in r ,:~ li;j ~ 1~!iiH!i!;iiH !!~ !ljqplpl'H I' ! I dll.1i ! II '! I! " .I! I' ! L 2:; . I I( I ! t . ! ! 8 I iffi'R P \ ~ II if i II II , II , I I ;:~~ e ~~~$ U$~ i_._~ ~"!.'.' ~ 0 , _" _ -'l,.._ .._ ~ ~;;o i;~i i~~.~ ~ [[~ ~ &;> '" r ~g:..; ~g~.H~~~ ~ 'w r I 19 AGENDA MEMO (6/07/05 AGENDA) DATE: June 2, 2005 TO: Nina Wilson City Secretary FROM: Bob Whaling, P.E. City Engineer SUBJECT: TURTLE CREEK BOX CULVERT FOR CITY HALL EXPANSION, PROJECT NO. 43710 Main Miscellaneous CONSIDER APPROVAL OF BID AND AWARD OF A CONTRACT TO JESKE CONSTRUCTION COMPANY for the labor and materials furnished for the Turtle Creek Box Culvert for City Hall Expansion, Project No. 43710. The budgeted account number is 42-42-4420, Project No. 43710-2300. AGENDA MEMO (6/07/05 AGENDA) DATE: June 2, 2005 TO: Bob Livingston City Manager FROM: Bob Whaling, P.E. City Engineer SUBJECT: TURTLE CREEK BOX CULVERT FOR CITY HALL EXPANSION, PROJECT NO. 43710 Background: Bids were received for the above project on May 24, 2005. The bid had eight (8) plan holders with four (4) responding. After reviewing the bid and verifying references, it was determined that Jeske Construction Company is the apparent low bidder in the amount of $3,242,610.90. I have attached the bid tabulation sheet for your review and comments. The above-referenced project is a 240-working day contract. Recommendation: Staff recommends City Council approval of the bid and award of a contract to Jeske Construction Company in the amount of $3,242,610.90 CAPITAL IMPROVEMENT PROJECT BID SUMMARY (PROJECT NO. 43710) TURTLE CREEK BOX CULVERT FOR CITY HALL EXPANSION, PROJECT NO. 43710 . Contractors.............................. BASE BID ALTERNATIVE TOTAL BID Jeske Construction Co. ..........$ 3,242,610.90 $ 0 $ 3,242,610.90 Rebcon, Inc. ..........................$ 3,609,407.00 $ 4,029.00 $ 3,613,436.00 North Texas Bridge Co., Inc...$ 3,887,222.00 $ 0 $ 3,887,222.00 Earth Builders, Inc. ...............$ 4,336,035.00 $ 0 $ 4,336,035.00 AUI Contractors, LP................ NO BID Site Concrete. .......................... NO BID Mike Albert, Inc.. .................... NO BID Craig Olden, Inc.. .................... NO BID Bids were taken in the Conference Room at 4420 Worcola, Dallas, Texas 75206 at 1:30 P.M., May 24,2005. g ~ ~EI,' "'I- ~, <( :2 'S c::l ~ '2: ~I I.!J::J E <( Q -<(s~.1 .g'! ~ ~.:: '" ii'lll )( Q I- ~ ~ ]1 j-7 n:: I.!J >0 S;e OM X"'" o ' III ~ J l!:: I- E w 0 " ~ ~ 0 0015 W!:( '" ....1 ~ ~ !:( ~ J ""1 _ c: .::l :l' .:: ~ <( j J 11 tflJ c o o l'@ ~I "") ;::l E <( E '1 J1!~ 0000 oomo (..) if) 01 r.... 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Ul w'= 00 o 0 00 o 0 D. a '" 0 do w iI!fjt Y7 ifIt I ~I 51 III ~ fi a Q Iii -' <: I- o l- '0- .ill '(ij z I i :. ~ j i t~ ;~ J 'lllo;; := 1i) ~ f~~j~ ~. j' ~ j", I,' ~.! ,2:; j:;'....,.. g,. 'lii" 'l::l E ~,... ... l'>l;i <'"lP'tl .l!! I- '"i~.'... J...l ~ < ~ ;;!~ ~,;;i ~ ""'" 19 AGENDA MEMO (06/07/2005 AGENDA) DATE: June 2, 2005 TO: Honorable Mayor and City Council FROM: Kent R. Austin, Director of Finance SUBJECT: City Hall project financing plan -- update Background The purpose of this memo is to provide an updated overview of the City Hall renovation project financing plan. The plan was first drafted in October 2003 and is designed to fund the project entirely without debt. Since that time, three additional projects related to City Hall renovation have been established - Creekwork (43710), Goar Park Improvements (43730), and EOC/Alternate Dispatch Center (42450) - and the scope of the project has increased. Accordingly, the cost of the project(s) has risen from an initial estimate of $11,306,500 to the most recent estimate of$15,870,000. The City is able to fund this project without debt by using a combination of sources: 1. Budgeted monies in the General Fund: The annual City budget includes over $4 million for capital projects. Some of the money ($1.75 million) usually dedicated to curb and gutter replacement and other projects has been redirected to the City Hall projects. 2. Drawdowns on jund balances in the General Fund and Utility Fund: The City's unreserved fund balances are being tapped to fund almost $9 million of the City Hall projects. Forecasts indicate these Funds will still have adequate unreserved balances by the end of the projects. 3. THEA surplus money - proposed ($3.7 million): In FY2004, the Texas Higher Education Authority (THEA) Board authorized the transfer of their entity's surplus to the City. The amount is the accumulated result of the Authority's operations between 1985 and 2004. The Authority is now dormant. 4. SMU right-oj-way exchange - proposed ($958,500): SMU owes the City approximately $1.8 million for City right-of-way now occupied by the University. The R-O- W change is the result of SMU' s campus master plan implementation. 3800 UNIVERSITY BOULEVARD 1R44 UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363- 1 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \AGENDA MEMO CITY HALL FINANCING 060705.doc 2:05 PM 06/02/05 · Budgeted monies in the General Fund: Approximately $1 million could be obtained in FY2006 and FY2007 by diverting budgeted capital projects funds. This may require delaying or rearranging non-City Hall projects. · Unspent SMU R-O-W funds: If the City receives $1.8 million from SMU and uses $958,500, over $840,000 will remain available for project use. · Capital Projects Fund unreserved fund balance: Although money in the Capital Projects Fund is designated for specific projects, many of these projects have not yet begun, and their balances could be borrowed or redirected to the City Hall projects. About $2 million might be drawn from this source. · Equipment Services Fund: The Fund has working capital (current assets less current liabilities) of about $5.5 million, to be used for the replacement of the City's motorized vehicles. A loan could be made from Equipment Services to the Capital Projects Fund. Recommendation Staff recommends that the Council review the updated City Hall projects financing plan and provide direction regarding any changes. If the Council approves of the proposed plan, City staffwill prepare a budget amendment for the FY2005 General Fund and Utility Fund transfers. Attachment: · City Hall Renovation Projects Funding Plan 3800 UNIVERSITY BOULEVARD 1R44 UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363- 3 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \AGENDA MEMO CITY HALL FINANCING 060705.doc 2:05 PM 06/02/05 The table below (also attached) displays the estimated cost and recommended funding sources for the City Hall projects. Shaded areas indicate funding sources not yet approved. Pro ect Name 43700 City Hall Renovation 43710 City Hall Renovation 11- Creekwcrk 43730 City Hall Renovation IV - Gear Par!( 42450 City Hall Renovation V - EOC/AIt. Dispatch 15,870,000 106,000 83,200 960,000 6,310,000 8,410,800 SOURCES 43700 City Hall Renovation (existing) 515,500 515,500 49910 General Govtl Projects (GF budget) 1,250,000 500,000 750,000 42993 Curb & Gtr Repl FY05 (GF budget) 500,000 500,000 . Utility Fund fund balance 2,520,000 520,000 ""'2:000;000. General Fund fund balance 6,426,000 2,000,000 2,200,000 _2,~26,opp~ THEA surplus fund 3,700,000 3,700;0001 SMU Right-of-Way exchange (est. $1.8mm) 958,500 I 958,500 15,870,000 2,515,500 3,220,000 5,476,000 4,658,500 Net funding per year 2,409,500 3,136,800 4,516,000 (1,651,500) (8,410,800) Project balance 2,409,500 5,546,300 10,062,300 8,410,800 Shaded areas indicate funding sources not yet approved. . Utility Fund transfer FY2004 is net of $730,000 used for water main project that preceded City Hall projects. As of May 31, 2005, the four City Hall-related projects have a positive balance of $6.3 million. Ifthe additional $4.2 million is approved from fund balance in FY05, the fiscal year-end total should be about $10 million. This balance will decline once the Turtle Creek box culvert project ($3.2 million construction bid) begins. The impact of the fund balance drawdowns is shown below. (1) (2) (3) (4) (5) FY2003 FY2004 FY2005 FY 2006 FY 2007 General Fund Beginning balance 8,600,000 6,531,688 8,287,860 7,861,860 3,203,360 - City Hall projects transfers (2,000,000) (2,200,000) (2,226,000) + SMU right-of-way exchange 1,800,000 (958,500) + THEA surplus 3,709,409 (3,700,000) Ending balance* 6,531,688 8,287,860 7,861,860 3,203,360 3,203,360 Utility Fund Beginning balance 6,849,000 6,849,000 5,599,000 3,599,000 3,599,000 - City Hall projects transfers (1,250,000) (2,000,000) Ending balance 6,849,000 5,599,000 3,599,000 3,599,000 3,599,000 GF Ending Balances for FY2003 and FY2004 are audited balances and result from more activity than is shown in the table. The above General Fund forecasted ending balances do not include the City's $2.5 million emergency reserve or the $1.2 million Byrd Estate reserve. Contingency plans The THEA surplus and SMU R-Q- W monies are welcome but nonrecurring sources of project funding. What happens ifproject costs grow beyond the estimated $15.8 million? Below are options for additional project funding: 3800 UNIVERSITY BOULEVARD 1644 UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363- 2 : ,DOCUme'llS '1nd Settlr"'n<;''l\ 'lIsclfl'Local SeHings Temr-Nary Ipternet FilesOLK31 AGENDA MEMO CITY >-tALL FINANCING 060~05 dor 141 pr<.tJ J6102'05 z o i= ~ o z W It: ...J ...J < ::r: >- t- O .:.: U) < o U):Ew ~~It: wC)f2 t-oC) ~lt:z 1t:D..- <t-C D..ZZ >-W=> I-:EI.L -W(I) U)>t- It:OO wlt:w >..-, -"'0 ~~lt:lt) ...JD..o 1.L<It:O ot-o~ ~n:-,~ -<<co oo:Eo o I"- 0 o <X> -0 0 10 N ..... ........ >- 00:1". 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C 'm E It) o o N Z o ~ ~ o z w a:: ..../ ..../ <( :c ~ U ..i:i ev .... ev -0 c: CD Cl ev It) o o N CD c: :J ...., c: ev a:: Cl c: :0 c: :J u.. (ij :c ~ y ~ C') ~ ..../ 9 <JJ ~ u:: Qj c: lii .E ~ Q) ro "0 == ~ ~.E e"O 0..Q) o..lJl co :J Q5g >-0 - - 00 CC') lJll"- Q)fIt ~o :J_ o Q) lJl C CllJl C .- :o;g Co .2N Q)>- -u. ~ ~ .- Q) -g'Ui .- c lJl co co.l::: Q)"O ~ c co :J ~u. -g~ .c _ Cf):J ~ e! o Co E CD !:: <JJ Cl c: E CD en ~ o ..../ .- c: o !!l .~ .s <JJ Cl c: E CD en:!: -on. C:lX) c::~ ~~:;; ~Eg 'Ei3~ GlON ~9iD >. cj i:i .0 .. CD "0(1)7: ~~& c.c:_ CD CD <JJ "-==cu n.u....../ .. 19 AGENDA MEMO (6/07/05 AGENDA) DA TE: June 2, 2005 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Request for four Twenty (20) Minute Parking Spaces - 3419 Westminster ITEM: The owner of Park Cities Postal Center located at 3419 Westminster has submitted a request for four (4) twenty minute parking spaces on the south side of Westminster. The spaces are currently subject to a two hours time limit. The owners, Martha and Allan Woodcock, have collected signatures from a majority of property owners along the 3400 block indicating their approval of the proposed twenty minute parking spaces. Modifying the current two hour time limit to a twenty minute limit requires Council approval of an ordinance specifying the exact location of the proposed parking spaces. RECOMMENDA TION: Staff recommends Council approve the request. ATTACHMENTS: Ordinance Signatures of Approval 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \20 Minute Parking Postal Center (2).doc 9:17 AM 06/021 PARK CITIES POSTAL CENTER 3419 WESTMINSTER DALLAS, TEXAS 75205 214-373-4105 CITY OF UNIVERSITY PARK UNIVERSITY PARK, TEXAS 75205 DEAR SIR, PARK CITIES POSTAL CENTER WOULD LIKE TO DESIGNATE FOUR (4) PARKING SPACES ON THE SOUTHWEST SIDE (CLOSEST TO THE ALLEY) AS TWENTY (20) MINUTE LOADING ZONE. THIS WOULD BE AN IMENSE HELP TO OUR PATRONS TO LOAD AND UNLOAD THEIR SHIPMENTS AND ALSO HELP ELIMINATE DANGEROUS DOUBLE PARKING AND DISCOURAGE ALL DAY PARKING. YOUR ACTION AND CONSIDERATION IS MOST APPRECIATED. SINCERELY, MARTHA AND ALLAN WOODCO?I) /J /\ ~S!~tv~ AM~AIM- LAGACY BANK C(m1!l~?J Ci ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING TO TWENTY MINUTES IN THE 3400 BLOCK OF WESTMINSTER, FROM THE ALLEY EAST TO SNIDER PLAZA, SAID AREA BEING DEPICTED IN EXHffiIT "A" ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful and an offense for any person to leave, stand, or park a motor vehicle for any amount of time exceeding twenty minutes in the 3400 block of Westminster, from the alley east to Snider Plaza, said area being depicted in Exhibit "A" attached hereto and made a part hereof SECTION 2. That all provisions of other ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. 74652 SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. The parking restriction set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of June 2005. APPROVED: JAMES H. HOLMES ill, MAYOR ATTEST: NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/74652 (6/1/05) 74652 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING TO TWENTY MINUTES IN THE 3400 BLOCK OF WESTMINSTER, FROM THE ALLEY EAST TO SNIDER PLAZA, SAID AREA BEING DEPICTED IN EXHffiIT "A" ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of June 2005. APPROVED: MAYOR ATTEST: CITY SECRETARY 74652 ~ ~ ~ ctS a.. ~ .-t:= en ~ CD .> C :J ::) - If; 0 :-r ~ .-t:= -- 0 111 ~ ~.. .~ .0". ':j.~;,.~" ?r~~'~(],.:., :I~~~':~'~ ~":''''';,~J:-:Z . .. _ '" ~ ~', '. ' "" j', .;if&" r .' '" . MlJ' I g' w . . ~f "., i~:, ~ q :j - > . " ..~.:;'*" .w.' ~ oJ ,. .... "0 0. 0\ N 0\ 'e .g 'c tIl ~ ~I .~ g tIl I tIl 9 Q.; .. .A 1.t. . ,. .... .tl_~ ~. ':" ..... - ., I ,c "~.'=' L.'~ .... ~ N ~ E ~ I '0' It ~ 0. ~ 4 o f!a o ~I ...... ~ - ~ 19 AGENDA MEMO (6/07/05 AGENDA) DATE: June 1,2005 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Defective Sidewalk Code Definition ITEM: Staff is currently in the process of implementing the recently adopted sidewalk replacement program. The new program allows property owners with defective sidewalk violations to apply for reimbursement after necessary repairs have been completed. However, the existing Code of Ordinances does not clearly define what constitutes a defective sidewalk. Staff proposes amending Chapter 3 of the Code of Ordinances to provide exact standards for determining when a defective sidewalk violation exists. The proposed code amendments are standards used by the City of Piano to determine when sidewalks need to be repaired or replaced. Although not explicitly stated in the City's code, code enforcement staff are currently using these standards when inspecting potential violations. By officially adopting the standards, staff can direct residents to the exact criteria used when determining whether or not a violation exists. RECOMMENDA TION: Staff recommends approval of the proposed code amendments. ATTACHMENTS: Ordinance 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \AGENDAMEMO (4).doc 3:23 PM 06/011 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES TO ADD A NEW DEFINITION AND PROVIDE CRITERIA FOR REQUIREMENT TO REPLACE DEFECTIVE SIDEWALKS BY AMENDING SECTION 3.1401, "DEFINITIONS"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3 of the Code of Ordinances of the City of University Park is amended to add a new definition to Section 3.1401 to read as follows: "ARTICLE 3.1400 SIDEWALK CONSTRUCTION AND REPAIR Sec. 3.1401 Definitions (a) (b) (c) To require replacement of a "defective sidewalk" as used in this Article, the following criteria must be present: (1) The sidewalk must be located within the City street right-of-way or easement, and: (2) Have surface spalling with a depth of 1J4 inch or greater which covers 50% or greater of the area to be replaced; or, (3) Have cross fall that is 1 1Iz inches or greater than the City's sidewalk specifications found in the City's Standard Construction Details; or, (4) Have a section with missing pieces that create a safety hazard, not chips or cracks that are only cosmetic in nature; or, (5) Have sections longitudinal that have a dip of 2 % inches or greater; or, (6) Have adjoining sections that have a 1Iz inch or greater difference in levelness; and, (7) A 36-inch minimum clearance for obstructions located in sidewalks (i.e. mailboxes, utility poles, and fire hydrants) must be provided." 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. All ordinances in conflict with this ordinance or the Code of Ordinances as amended hereby are repealed. SECTION 4. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of June 2005. APPROVED: JAMES H. HOLMES ill, MAYOR ATTEST: NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD; 5/4/05) 74100 19 AGENDA MEMO (06/07/05 AGENDA) DATE: June 2, 2005 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Amendment to City Ordinance regarding Dangerous Dogs ITEM: Chapter 2, Article 2.600, Section 2.605, Subsection h of the Code of Ordinances, entitled Regulation of Dogs: Attack by dangerous dog is being revised to include attacks on other animals. Currently the ordinance addresses only when a dog attacks a person. RECOMMENDA TION: Staff recommends approval of this amendment in the Dangerous Dog Ordinance. The changes include additional wording "or another animal". ATTACHMENTS: . Copy of new ordinance. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \Dangerous Dog ordinace.doc 10:04 AM 06/0: ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 2.605 (h) TO REGULATE DANGEROUS DOGS IN THE CITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 2, Article 2.600, Section 2.605, of the Code of Ordinances, City of University Park, Texas, is hereby amended in part by amending subsection (h) to read as follows: "Section 2.605 Regulation of Dogs (h) Attack by dangerous dog. A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on a person or another animal outside the dog's enclosure that causes bodily injury to the person or other animal. Unless the attack causes serious bodily injury or death, any offense under this section shall be subject to the penalties provided herein. If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by the animal control authority. In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000. Upon direction by the city manager or city council, the city attorney may file suit in a court of competent jurisdiction to collect a penalty. Penalties collected under this subsection shall be retained by the City of University Park. " 74361 SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That any person maintaining a public nuisance within the City of University Park in violation of the Code of Ordinances as amended hereby shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 5. 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 day of 2005. 74361 APPROVED AS TO FORM: CITY ATTORNEY (RLD/5-17-05) APPROVED: JAMES H. HOLMES ill, MAYOR ATTEST: NINA WILSON, CITY SECRETARY 74361 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 2.605 (h) TO REGULATE DANGEROUS DOGS IN THE CITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of University Park, Texas on the _ day of 2005. APPROVED: JAMES H. HOLMES ill, MAYOR ATTEST: NINA WILSON, CITY SECRETARY 74361 19 AGENDA MEMO (06/07/05 AGENDA) DATE: May 6, 2005 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Max-A-Million Carriage Rides ITEM: Staff requests that consideration be given to 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 offered in Snider Plaza last year. The Pendergraphs are also requesting the following changes/additions to be made to last year's agreement: 1. Request Christmas lighting in the trees in the median of Snider Plaza at the city's expense; 2. Two additional signs to be placed near the center of Snider Plaza in the flowerbeds. Request these signs be left out at all times during the holiday season. The city approved two (2) signs last year that were placed on the north and south ends of Snider Plaza; 3. Extra carriages and extra operational days. Last year, there were two (2) carriages that offered rides on Thursday through Sunday. This year, the request has been made to offer rides seven (7) days a week with three (3) carriages operating on the weekends and during busy times of the week. RECOMMENDA TION: Staff recommends approval of this license agreement allowing 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. Staff recommends approval of the license agreement with the understanding that council may change or may not approve the additional requests made by the Pendergraphs. 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 060705 (2).doc 2:49 PM 06/02/05 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 ih day of June 2005. APPROVED: JAMES HOLMES, III, MAYOR ATTEST: NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLDmeh090104) Page 1 67327 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 V. 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. VI. 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. VII. 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. VIII. 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. IX. 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 7th day of June 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 19 AGENDA MEMO (6/7/05 AGENDA) DATE: May 31,2005 TO: Honorable Mayor and City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Hillcrest @ Lovers Park and R.O.W Landscape Improvements BackQround: Based on the recent improvements to the Lover Lane and Hillcrest Avenue street corridor, staff has begun to evaluate potential improvements to park property and city parkways located at this key intersection. Staff has received a proposal from the Landscape Architecture Firm of Dunkin, Sims and Stoffels to aid staff, the Park Advisory Board and City Council in defining concepts and cost estimates for this project. Architectural Services Include: * Existing Conditions /Base Map * Concept Plan(s) * Master Plan * Cost Estimates * Staff and Board Meetings (3) Total $ 1,000.00 $ 2,700.00 $ 3,500.00 $ 400.00 $ 1,125.00 $ 8,725.00 Recommendation: The Park Advisory Board has recommended that staff proceed with presenting this item to City Council for approval. Staff is requesting that City Council approve the landscape design contract with the firm of Dunkin, Sims, Stoffels in the amount of $ 8,725.00. Attachments: Project Location Map Proposal for Architectural Services 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \Hillcrest @Lovers memo. doc 3:40 PM 06/011 May 31,2005 Mr. Gerry Bradley Director of Parks City of University Park 4420 Worcola Dallas, Texas 75206 Dear Mr. Bradley: We appreciate the opportunity to submit this proposal for scope of services to prepare a Master Plan for the undeveloped property at the northwest corner of Hillcrest and Lovers Lane, and the streetscape on the south side of Lovers Lane adjacent to Snyder Plaza. We will also evaluate the existing park/open space on the northeast corner of Hillcrest and Lovers Lane. The following outlines the proposed scope of services, followed by professional fees. Scope of Services Base Mapping and Data: Base mapping information and data will be assembled, reviewed, and documented for both parks and the streetscape. This will include the base information you have provided for us, along with the following items. Vegetation: Existing trees and plant materials will be documented and recorded. This will be performed by on-site analysis. This will consider the existing park on the northeast corner of Hillcrest and Lovers Lane. Utility Easements: All documented utility easements and infrastructure will be documented. Review of construction plans for Lovers Lane will also be incorporated into this task. Conceptual Plan(s): We will prepare a Conceptual Plan(s) for review by the City. This will include various and different concepts for the two (2) parks and the streetscape. Once we have agreed on a final concept, we will prepare an illustrative Master Plan. Master Plan(s): The illustrative Master Plan will show all of the program elements, their relationship to Snyder Plaza, and the intersection of Hillcrest and Lovers Lane. This will be developed in AutoCAD format. Opinion of Probable Cost: Based on the Master Plan, we will prepare opinions of probable costs for construction of the park(s) and streetscape. These estimates will be based on the recently bid projects in the Dallas-Fort Worth Metroplex. This will be a complete opinion for all elements illustrated in the Master Plan. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \Hillcrest @Lovers memo. doc 3:40 PM 06/011 Construction Documents: It is our understanding that construction documents are not requested in this phase of work. Professional Fees Our fee for completing the scope of services outlined above is based on hourly rates, current at time of performance, for staff services rendered. The professional fees for the services outlined within the separate phases of work are as follows: SCOPE OF SERVICES Existing Condition/Base Map Concept Plan(s) Master Plan Cost Estimates Staff & Board Meetings (Total of 3) TOTAL FEE $1,000.00 $2,700.00 $3,500.00 $400.00 $1,125.00 $8,725.00 The fee outlined above includes a total of two meetings; one with the Park Board and one with City Council. Additional meetings will be invoiced at the hourly rate included in this contract. This fee will not be exceeded without receiving prior written authorization. For billing purposes and additional services, the following hourly rates shall be used: Principal - $125 per hour Landscape Architect - $90 per hour AutoCAD Technician - $75 per hour Technical Support - $50 hour Clerical - $45 per hour Billing for services will be submitted monthly and will be due and payable upon receipt. Printing Expenses: All printing and reproduction expenses will be invoiced at our incurred cost, in addition to the above outlined professional fee. We appreciate the opportunity to provide this proposal and look forward to working with you and the City of University Park. If you have any comments or questions regarding this scope of services, please contact me. Sincerely, w~ Dennis Sims, ASLA 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \Hillcrest @Lovers memo. doc 3:40 PM 06/011 ,,< ~'~~"~~-X I l.... k::;- . ... <..~~~~.,. .~ o .. -- ~ ~ -- . :'-.- _.~ ---.-.-- .. . ~.' ~...... _ "8^W.'S8.J9111 HV .:.-.~_..._."". ...._...._...M.."_.._~__~___~ .,........~--"'"""'l'I..~..-.,-~ ~.~....---' V:- .. . II .\1 !I 0 11 III U) Jr [lli 0 0 il ~ ~ dI ~ II i II ill J a 8- 'Ilf .. ([ 11 I .j Ul 11 ::i t II II IC.L ;:~;..;; ;-,;.~ ;;;;;~ % - . . '<:,"'; tL,:<':~-~ __ _"1- ....-:-;:- :"",' ..k -----, ~ I... ;:Q) 0.. '0. '.L., Cl. .J:il. ,I... ...co 'B., D c:::. E ___I :1 il ![ II Il ,! II II II (]..........'..- ;" ,~ <- rTI...~ ~ (]J ., ,.1r ~(lJ c: CO ~ ,(/) 'I..., .Q)~ ,> :0' .:...J II II <; ... ~ i Q. 11 II 19 AGENDA MEMO (06/07/05 AGENDA) DATE: TO: FROM: SUBJECT: June 2, 2005 Honorable Mayor and City Council Kent R. Austin, Director of Finance Budget amendment Background Included on the June 7, 2005, City Council agenda is an ordinance amending the FY2005 (current year) budget. The amendment increases the General Fund expenditure budget of several departments for specific items; it also increases the General Fund revenue budget by $2,500, to account for donations for banners in Snider Plaza. The Utility Fund expenditure budget would also be increased. The specific items requested are listed below: I Amount I $ 2,500 $ 2,500 Dept. I Account description n/a General Fund - Other Revenue I Account no. I Item description 01-11-3999 Banner donations General Fund revenue total $ 95,000 Executive Professional Services 01-02 -3060 Snider Plaza master plan $ 3,000 Executive Travel Expense 01-02-7170 City Council travel $ 3,000 Executive Tuition and Training 01-02-7240 City Council travel/registration $ 4,000 Finance Dues and Subscriptions 01-03-7150 RFP Depot annual membership $ 14,500 Finance Office Equipment 01-03-9100 Canon copier w/network capability $ 3,000 Fac. Mnt. Facility Maintenance and Repair 01-35-6250 Overhead doors replacement at Peek Ctr. $ 2,800 Fac. Mnt. Professional Services 01-35-3060 Appraisal of 4419 Worcola property $ 15,000 Fire Professional Services 01-40-3060 Firefighter testing and validation $ 2,500 Parks Supplies and Materials 01-70-2350 Banners for Snider Plaza $ 17,500 Streets Other Expense 01-80-7221 Sidewalk program reimbursement - half year $ 160,300 General Fund expenditure total $ (157,800) Net increase/(decrease) in General Fund $ 40,000 Utilities Professional services $ (40,000) 02-22-3060 Digital imagery product (approved 2/2005) Net increase/(decrease) in Utilities Fund Recommendation Staff recommends approval of the proposed ordinance. This is the third budget amendment to impact the FY2005 General Fund budget, as displayed in the attached budget amendments worksheet. The net effect of the amendment will reduce unreserved fund balance in the General Fund by $157,800 and the Utility Fund unreserved fund balance by $40,000. Attachments: . FY2005 budget amendments worksheet . Ordinance amending FY2005 budget 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Budget Amendment memo 060705 (2) CITY OF UNIVERSITY PARK, TEXAS FY 2005 BUDGET WITH AMENDMENTS SUMMARY BY FUND AND DEPARTMENT GENERAL FUND 01.11 REVENUES 21083215 1000 2500 21086715 TOTAL GENERAL FUND REVENUES $21,083,215 $0 $1,000 $2,500 $21,086,715 EXPENDITURES 01.02 EXECUTIVE 750,884 101,000 851,884 01.03 FINANCE 955,847 18,500 974,347 01.04 HUMAN RESOURCES 329,554 329,554 01.05 INFORMATION SERVICES 520,191 220,068 740,259 01.10 COURT 262,831 262,831 01.19 BUILDING 623,731 4,100 627,831 01.20 ENGINEERING 884,966 (67,933) 817,033 01.25 TRAFFIC 778,387 9,917 788,304 01.35 FACILITY MAINTENANCE 613,693 34,706 5,800 654,199 01-40 FIRE 3,837,102 36,178 64,340 15,000 3,952,620 01.50 POLICE 4,854,780 60,687 1,000 4,916,467 01.70 PARKS 2,102,110 29,869 15,250 2,500 2,149,729 01.75 SWIMMING POOL 147,969 147,969 01.80 STREETS 1,612,334 35,000 30,000 17,500 1,694,834 01.85 TRANSFERS 2793166 2793166 TOTAL GENERAL FUND EXPENDS. $21,067,545 $362,591 $110,590 $160,300 $21,701,026 $0 DIFFERENCE $15,670 ($362,591 ) ($109,590) ($157,800) ($614,311 ) UTILITY FUND 02.11 REVENUES 10222831 10222831 TOTAL UTILITY FUND REVENUES $10,222,831 $0 $0 $0 $10,222,831 EXPENDITURES 02.21 UTILITY OFFICE 5,760,061 5,760,061 02.22 UTILITIES 2,731,658 181,307 40,000 2,952,965 02.85 TRANSFERS 1 950 598 1 950 598 TOTAL UTILITY FUND EXPENDS. $10,442,317 $181,307 $0 $40,000 $ 10,663,624 DIFFERENCE ($219,486) ($181,307) $0 ($40,000) ($440,793) SANITATION FUND 04.11 REVENUES 2,231,450 2 231 450 TOTAL SANITATION FUND REVENUES $2,231,450 $0 $0 $0 $2,231,450 EXPENDITURES 04.60 SANITATION 2,663,410 1,396 2,664,806 TOTAL SANITATION FUND EXPENDS. $2,663,410 $1,396 $0 $0 $2,664,806 DIFFERENCE ($431,960) ($1,396) $0 $0 ($433,356) TOTAL REVENUES $33,537,496 $0 $1 ,000 $2,500 $33,540,996 TOTAL EXPENDITURES $34,173,272 $545,294 $110,590 $200,300 $35,029,456 DIFFERENCE ($635,776) ($545,294) ($109,590) ($197 ,800) ($1 ,488,460) AMENDMENT NO.1 (11/2/2004): INCLUDES ENCUMBRANCES (PURCHASE ORDERS) OPEN AT FY2004 YEAR.END THAT ARE CARRIED FORWARD INTO THE NEW YEAR (FY2005). ALSO INCLUDES TRANSFER OF ONE FULL.TIME POSITION (G.I.S. COORDINATOR) FROM ENGINEERING DEPT. TO INFO SERVICES DEPT. AMENDMENT NO.2 (01/19/2005): AUTHORIZES SPECIFIC EXPENDITURES FOR UPPD, UPFD, PARKS, AND NEWSPAPER RACKS. AMENDMENT NO.3 (06/07/2005): AUTHORIZES SPECIFIC EXPENDITURES LIKE SNIDER PLAZA MASTER PLAN, SIDEWALK REPLACEMENT PROGRAM, AND FIREFIGHTER TESTING. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Budget Amendment memo 060705 (2) ORDINANCE NO. 05/ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2004-2005 FISCAL YEAR BUDGET, ORDINANCE NO. 05/02, TO APPROPRIATE $158,800 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $161,300 AND INCREASING REVENUES $2,500; AND TO APPROPRIATE $40,000 FROM THE UTILITY FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $40,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 05/02 to transfer funds from unreserved fund balances of the general fund and utility fund into specific accounts; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 05/02, the 2004-2005 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to appropriate unreserved fund balances of $157,800 from the general fund and $40,000 from the utility fund to the specific accounts as listed on Exhibit "A" attached hereto and made part hereof for all purposes, and such expenditures are hereby authorized and made a part of the 2004-2005 fiscal year budget of the City. SECTION 2. That Ordinance No. 05/02 be, and the same is hereby, further amended so as to give effect to such appropriations and the City Manager is directed to take such administrative steps as are necessary to give effect to such amendment. SECTION 3. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of June, 2005. APPROVED: JAMES H. HOLMES, ill, MAYOR ATTEST: NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2005 BUDGET AMENDMENT NO.3 06/07/2005 1 Amount I Dept. 1 Account description 1 Account no. 1 Item description $ 2,500 n/a General Fund - Other Revenue 01-11-3999 Banner donations $ 2,500 General Fund revenue total $ 95,000 Executive Professional Services 01-02-3060 Snider Plaza master plan $ 3,000 Executive Travel Expense 01-02-7170 City Council travel $ 3,000 Executive Tuition and Training 01-02-7240 City Council travel/registration $ 4,000 Finance Dues and Subscriptions 01-03-7150 RFP Depot annual membership $ 14,500 Finance Office Equipment 01-03-9100 Canon copier w/network capability $ 3,000 Fac. Mnt. Facility Maintenance and Repair 01-35-6250 Overhead doors replacement at Peek Ctr. $ 2,800 Fac. Mnt. Professional Services 01-35-3060 Appraisal of 4419 Worcola property $ 15,000 Fire Professional Services 01-40-3060 Firefighter testing and validation $ 2,500 Parks Supplies and Materials 01-70-2350 Banners for Snider Plaza $ 17,500 Streets Other Expense 01-80-7221 Sidewalk program reimbursement - half year $ 160,300 General Fund expenditure total $ (157,800) Net increase/(decrease) in General Fund $ 40,000 Utilities Professional services $ (40,000) 02-22-3060 Digital imagery product (approved 2/2005) Net increase/(decrease) in Utilities Fund 19 AGENDA MEMO (6/07/05 AGENDA) DA TE: June 2, 2005 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Portable Storage Devices Code Regulations ITEM: Within the last year, portable storage devices have become increasingly popular amongst residents and contractors remodeling a house. The portable storage devices are typically placed on driveways or front yards from a flat bed truck. These storage devices are used for a variety of purposes, which may include the following: securing construction materials and tools on site; protecting furniture and appliances during the remodeling process; and securing household goods to prepare for a move. Since the usage of portable storage devices is a relatively new phenomenon, staffhas been unsure how to apply them to the exiting Zoning Ordinance. Section 8-608 of the Zoning Ordinance enumerates accessory objects allowed in a front yard. Portable storage devices are not explicitly named as permitted objects; therefore, one interpretation of existing code could conclude the storage devices are already illegal in front yards. Under this interpretation, portable storage devices could be placed on private property behind front yard setbacks. Staffhas prepared an amendment to the Zoning Ordinance that would explicitly prohibit portable storage devices from being placed in a front yard. Given the aforementioned interpretation, the proposed ordinance may not be necessary. However, there are no other restrictions on the placement or timeframe these objects are allowed. If Council desires to place additional restrictions on the use of portable storage devices through the Zoning Ordinance, staff can prepare a new Zoning Ordinance amendment. The Planning & Zoning Commission would then be required to provide Council with a recommendation for the proposed restrictions. RECOMMENDA TION: Staff requests direction from Council regarding existing language in the Zoning Ordinance versus proposed amendments that attempt to better clarify when and where portable storage devices are allowed. ATTACHMENTS: Ordinance 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31 \AGENDAMEMO (4).doc 12:58 PM 06/0: ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ARTICLE 12.300 "THE COMPREHENSIVE ZONING ORDINANCE" OF THE CODE OF ORDINANCES, TO AMEND SECTION 8-608 (3) TO PROHffiIT CERTAIN ACCESSORY STRUCTURES, OBJECTS, OR APPURTENANCES IN A REQUIRED FRONT YARD; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and City Council of the City of University Park, Texas, after giving due notice and conducting public hearings as required by law, find that the zoning ordinance should be amended to protect and preserve the public health, safety and general welfare of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the "Comprehensive Zoning Ordinance", incorporated by Article 12.300 of the Code of Ordinances of the City of University Park, Texas, is amended by amending Section 8-608 "Permitted Accessory Objects {etc }", in part, as follows: "8-608 PERMITTED ACCESSORY STRUCTURES, OBJECTS, OR APPURTENANCES IN THE REQUIRED FRONT YARD OF PREMISES LOCATED IN RESIDENTIAL DISTRICTS Except as provided in the following subparagraphs, no accessory structure, portable storage container, object, or appurtenance shall be permitted to be placed or maintained in a required front yard in a residential district in the City. The following subparagraphs. . ." SECTION 2. All ordinances in conflict herewith are repealed. SECTION 3. Should any word, phrase, paragraph, section or portion of this ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, be held to be unenforceable, void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 4. Any person violating any provision of this ordinance or the Comprehensive Zoning Ordinance as amended hereby shall be guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, shall be subject to a penalty offine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. DULY PASSED by the City Council of the City of University Park, Texas, this the ih day ofJune 2005. APPROVED: JAMES H. HOLMES III, MAYOR ATTEST: NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/4/29/05) (73996) ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ARTICLE 12.300 "THE COMPREHENSIVE ZONING ORDINANCE" OF THE CODE OF ORDINANCES, TO AMEND SECTION 8-608 (3) TO PROHffiIT CERTAIN ACCESSORY STRUCTURRES, OBJECTS, AND APPURTENANCES IN A REQUIRED FRONT YARD; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the ih day of June 2005. APPROVED: MAYOR ATTEST: CITY SECRETARY PLANNING AND ZONING COMMISSION MINUTES March 21, 2005 The Planning and Zoning Commission of the City of University Park met on Monday, March 21, 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 Staff Members Attending Robert West - Chairman H. Reed Shawver III Bea Humann Randy Biddle Ed Freeman Bill Foose Bud Smallwood - Director of Public Works Jennifer Patrick - Administrative Secretary Absent & Excused J 0 Ann Norton Doug Roach Rob Dillard - City Attorney Mr. West opened the public hearing and introduced the commission members. He then read the specifics of the first case. PZ 05-04 - Binkley Partnership Limited, representing the property owner, requesting a replat of Lot 16 Block 7, of Mount Vernon Annex Addition of the City of University Park, more commonly known as 3621-23 Binkley, 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 Mr. Foose. The motion was approved unanimously 6-0. Mr. West opened the public hearing and read the second case. Planning & Zoning Minutes 3/2112005 Page 2 of2 PZ 05-05 - Analytical Surveys, representing the property owner, requesting a replat of the west 34 feet of Lot 18 and the east 18 feet of Lot 19, Block 1 ofIdlewild Addition of the City of University Park, more commonly known as 4132-34 Lovers Lane, 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 Mr. Foose. The motion was approved unanimously 6-0. Mr. West read the third and final case. PZ 05-06 - Park Cities Animal Hospital, representing the property owner, requesting an amendment of Planned Development District 2-R (PD-2-R), specifically for Lot 10 Block 19, of Highland Park High School Addition of the City of University Park, more commonly known as 4359 Lovers Lane. The applicant is proposing to convert the existing space into an animal hospital. Mr. West noted the applicant had withdrawn the application on March 8, 2005 in regards to this case. Mr. West asked for a motion on the minutes from the January 17, 2005 Planning & Zoning meeting. Mr. Biddle moved to approve the minutes, with a second from Mrs. Humann. The motion was approved unanimously 6-0. There being no further business before the Commission, Mr. West adjourned the meeting. A;fUJl ~ Robert West, Chairman Planning & Zoning Commission Date: tf-18.-zro~ 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 Staff Members Attending Robert West - Chairman Doug Roach Bea Humann Randy Biddle Ed Freeman Bud Smallwood - Director of Public Works Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Absent & Excused Bill Foose Jo Ann Norton H. Reed Shawver III Mr. West opened the public hearing and introduced the commission members. He then read the specifics of the first case. PZ 05-06 - Analytical Surveys, representing the property owner, requesting a replat of Lot 3 and the east 8.50 feet of Lot 2, Block 1 of Wesley Place Addition of the City of University Park, more commonly known as 3555-57 Asbury, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West inquired if the replat conformed to city regulations. Mr. 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 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 of4 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 approve the request, with a second from Mr. Roach. The motion was approved unanimously 5-0. Mr. West opened the public hearing and read the third case. PZ 05-08 - Doug Connally & Associates, representing the property owner, requesting a replat of Lot 1, Block 5 of Walkers Addition of the City of University Park, more commonly known as 3457-59 Normandy, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West closed the public hearing, noting the applicant had withdrawn the application for 3457- 59 Normandy, on April 11, 2005. Mr. West opened the public hearing and read the fourth case. PZ 05-09 - Analytical Surveys, representing the property owner, requesting a replat of Lot 14, Block 1 of Walkers Addition of the City of University Park, more commonly known as 3448-50 Shenandoah, into two (2) Single Family Attached lots. The property is zoned SF-A. Mr. West inquired ifthe 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 would begin in sixty (60) days, assuming the Commission and Council would grant the request of the zone change. Mr. West inquired if there were any opposing parties in the audience. Mr. Michael Haines, owner/resident of 4024 Marquette, was introduced and noted his opposition. Mr. Haines stated he felt the addition of another structure zoned Single Family Attached (SF-A), in the immediate area would compound many issues. The structure located at 4033-35 Marquette, (known in the neighborhood as the "frat" house and directly across the street from the subject property) has had complaints in regards to the number of unrelated individuals residing in the household (code violation), and the additional auto traffic created by such. Mr. Haines stated a formal complaint was logged with City staff and currently the property was under investigation. Additional concerns noted by Mr. Haines were: concern/lack of accountability in tenant occupied structures, property owner's disregard of zoning ordinances, circular drive installation in a traffic ridden area (PrestonIMarquette), building setback differences, density issues and the lack of maintenance in the alley. Mr. Haines closed by expressing his desire that the commission deny the request of the applicant, and thanked the board for the opportunity to be heard. Mr. Freeman asked Mr. Haines, ifhe was aware that the current zoning of the subject property was Duplex District - 2 (D-2). Mr. Haines stated yes, he was aware of the current zoning of the subject property and had researched the differences between the two districts, and stated the allowable zoning creates double the issues. Mr. West inquired ifMr. 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. Planning & Zoning Minutes 4/18/2005 Page 4 of4 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 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 Planning & Zoning meeting. Mr. Freeman moved to approve the minutes, with a second from Mr. Biddle. The motion was approved unanimously 5-0. There being no further business before the Commission, Mr. West adjourned the meeting. ;/fL 1/ ~ Robert West, Chairman Planning & Zoning Commission .-' Date: C; --, 0 - 2...00 ~