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HomeMy WebLinkAboutAgenda 07-05-05 Names Tabs.doc AGENDA #2513 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JULY 5, 2005 AT 5:00 P.M. 4:00-4:15 P.M. EXECUTIVE SESSION TO RECEIVE LEGAL ADVICE CITY ATTORNEY UNDER SECTION 551.071 OF GOVERNMENT CODE FROM THE 4:15-5:00 P.M. WORK SESSION FOR AGENDA REVIEW II. III. IV. V. INVOCATION - Director of Human Resources Luanne Hanford PLEDGE OF ALLEGIANCE - Director of Human Resources Luanne Hanford INTRODUCTION OF COUNCIL - Mayor James H. Holmes, III INTRODUCTION OF STAFF - City Manager Bob Livingston AWARDS & RECOGNITION CITIZEN OF THE YEAR: Elizabeth Farley, Citizen of the Year for 2005 VI. ITEMS FROM THE FLOOR A. WATER QUALITY: Taking public comment regarding water quality 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. VII. CONSENT AGENDA A. CONSIDER: Approval of City Council Meeting Minutes for June 21, 2005 Wilson Tab I VIII. MAIN AGENDA A. CONSIDER: Amending Ordinance 90/8 to change the number of public officials required to be bonded and to change the amount of the fidelity bonds required -Hanford Tab II B. CONSIDER: Design of construction fence for Goar Park improvements and City Hall remodel - Livingston Tab III C. CONSIDER: Contract with Marcia Upson to provide weight management and wellness classes to city employees -Hanford Tab IV As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda items listed herein. MINUTES #2512 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JUNE 21, 2005, 5:00 P.M. The City Council gathered at 3:30 p.m. for a demonstration enabling them to acquire new computer skills. Mayor Holmes then opened an Executive Session at 4:00 p.m. for a consultation with the City Attorney under Section 551.071 of the Government Code in the Conference Room. Mayor Holmes opened the regular meeting of the City Council at 5:00 p.m. in the Council Chambers. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter, Kelly Walker and Harry Shawver. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS & RECOGNITION CERTIFICATE OF APPRECIATION: Mayor Holmes presented Jo Ann Norton with a Certificate of Appreciation for her 17 years of service to the city. Mrs. Norton served on the Zoning Ordinance Advisory Committee from 1988-1992, the Urban Design and Development Advisory Committee from 1992-1994 and the Planning and Zoning Commission from 1994- 2005. ITEMS FROM THE FLOOR Mr. Kenneth D. Crozier, 4305 Greenbrier, explained his position on inspections conducted by the city on his garage. He feels the city has required too much of him in the matter of clearing magazines and books from his garage and that the Fire Marshal has come too frequently. As the issue is a concern to the city in regard to fire hazards, Mayor Holmes asked if he would grant the council permission to go into his garage at the city's expense with two independent investigators, one investigator of his choice and one investigator of the city's choice, from a state agency that deals with fire nuisances, to see if a fire hazard exists. Mr. Crozier stated he would consider the suggestion. Mayor Holmes asked that he notify City Manager Bob Livingston as soon as possible. Mayor Holmes also stated that the council has been more than lenient and has bent over backwards to work with Mr. Crozier. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER RESOLUTION AND LICENSE AGREEMENT FOR MAX-A-MILLION CARRIAGE RIDES: The horse-drawn carriage rides through University Park, which were offered in Snider Plaza last year, would be in operation during the Christmas holiday season or between Thanksgiving and Christmas 2005. This is a business venture and riders will be charged a fee. It recommended that Max-A-Million Carriages be allowed to set up two additional signs this year in Snider Plaza at the points where customers will board the carriages. These two signs are to be set up and taken down at the beginning and end of each day of operation. It is also recommended that Max-A-Million be allowed to operate Wednesday through Sunday with three carriages. A license allowing this request sets forth certain conditions, i.e., a $500.00 fee with $300.00 to be refunded if all conditions are met; cleaning of storage spaces and other areas affected by the horses; a design or plan for the use of the parking spaces to be approved by the Chief of Police; an indemnity clause; and a one million dollar public liability insurance policy with a Certificate of Insurance. RESOLUTION NO. 05-11 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. CONSIDER ORDINANCE ABANDONING AND ACCEPTING SANITARY SEWER EASEMENTS AT 6810 TURTLE CREEK BOULEVARD: The owner of the property at 6810 Turtle Creek Boulevard is constructing a new home, and the city's sanitary sewer main along the rear of the property was in conflict with both the existing structure and the proposed new home. The sewer is abandoned, but the city retains an easement along the old alignment. The owner is requesting that the city abandon its property right to that easement for which he will convey a new easement along the new sewer alignment. ORDINANCE NO. 05/21 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A SANITARY SEWER EASEMENT AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO THE ABUTTING OWNERS, CHRIS J. CARRIE AND ELLEN Z. CARRIE, IN CONSIDERATION OF THE DEDICATION OF A SANITARY SEWER EASEMENT TO THE CITY; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF FINAL PAYMENT TO SYB CONSTRUCTION, PROJECT 42730: The final payment is for water and sanitary sewer improvements, as well as two Change Orders approved for water improvements and pavement reconstruction, along Lovers Lane in the amount of $96,335.06 for work performed and materials furnished for the construction. The project included the 2700-3500 blocks of Lovers Lane, 6900-7000 blocks of the Airline, and partial blocks from Lovers Lane north and south along Boedeker, Durham and Dublin. CONSIDER RESOLUTION AND RENEWAL OF COOPERATIVE AGREEMENT WITH DALLAS COUNTY FOR CDBG PROGRAM: Since 1987, the City of University Park and other area cities have approved cooperative agreements with Dallas County, allowing the county to apply for Community Development Block Grant (CDBG) and HOME Investment Partnership Program Funds from the federal government. Renewing the cooperative agreement does not require the city to apply for or take CDBG funding, but it does help the county in obtaining funds for other cities with legitimate needs. RESOLUTION NO. 05-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY AND DALLAS COUNTY FOR THE COUNTY TO QUALIFY FOR THE URBAN COUNTY CDBG PROGRAM; STATING THE UNDERSTANDINGS AND AGREEMENTS OF THE PARTIES; AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL COOPERATION AGREEMENT WITH DALLAS COUNTY UNDER CHAPTER 791 OF THE TEXAS GOVERNMENT CODE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER UPDATE FOR SECOND QUARTER STRATEGIC GOALS: Administrative Assistant Kate Smith gave a brief overview of the goal objectives along with the objectives completed, in progress, and those not started. Objectives completed include recognition of model citizens in the city and a program for sidewalk maintenance. Citizen of the Year will be announced at the July 5th city council meeting. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For June 7, 2005. MAIN AGENDA PUBLIC HEAR1NG: The structure located 4364 Mockingbird Parkway constitutes a public nuisance as defined in Article 3.200 of the City of University Park Code of Ordinances. As a result of the structure being left open to the elements, the entire sub-floor, crawl space and foundation have been underwater, compromising the structural integrity of the residence. The property has been overgrown with weeds, and demolition debris has been stored outside in a makeshift trash container. The property owner was notified October 2004 regarding the structure's violations. He obtained a building permit on January 3, 2005 to remodel the existing structure; however, construction did not commence within the 60-day time period specified on the permit, so the permit became null and void. The property owner was again notified on May 9, 2005 that the property was in violation and that the structure must be demolished and removed within 30 days or the city would proceed with abatement of the property through a public hearing. The property owner was notified through certified mail on June 2, 2005 of the city's intent to proceed with a public hearing. Mayor Holmes opened the public hearing. Mr. Larry Smith, engineer representing homeowner Bill Shadduck, spoke to the council stating the owner's intention was to update the house. Mayor Holmes asked for a completion date, and Mr. Smith gave a completion time of 90-120 days. Mr. and Mrs. Lee Pride, 4360 Mockingbird Parkway, requested a concrete timetable for completion of the property. Mayor Holmes stated a Certificate of Occupancy would be issued and Mr. Shadduck would have 120 days to complete the project or appear again before the city council. Director of Public Works Bud Smallwood stated that the site must be kept clean during this period. The Community Development Manager Harry Persaud will work with the neighbors to make a list of conditions and conduct an inspection every two weeks with a walk-through of the property. Mayor Holmes continued the public hearing to October 18th and requested Mr. Smith return at that time. CONSIDER CODE OF ORDINANCES AMENDMENT FOR POOL CONSTRUCTION REGULATIONS: Article 3.800 of the Code of Ordinances requires all pool construction to have a horizontal clearance of 10 feet from any overhead power lines. The industry standard for this requirement now accepts a horizontal clearance of only five feet from the pool. In addition, the five foot requirement meets all safety regulations for the National Electric Safety Code. In addition to the new horizontal clearance amendment, staff recommends a minimum height requirement of 30 feet above the pool also be placed on new pool construction. Councilmember Shawver moved approval of the amendment. Councilmember Walker seconded, and the vote was unanimous to approve the proposed code amendments. ORDINANCE NO. 05/22 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 ARTICLE 3.800 (1) TO REGULATE OVERHEAD ELECTRIC POWER OR TELEPHONE UTILITY LINES NEAR SWIMMING POOLS 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. DISCUSS DEVELOPMENT OF TRAFFIC ENGINEERING STUDY AND POSSIBLE REDUCTION IN RESIDENTIAL SPEED LIMIT: Mr. Rick Barrett, 2817 Purdue, had requested a traffic study and reduction in speed limits in the city at a former city council meeting. Based upon traffic data accumulated over the past decade, the average speed on a typical residential street is approximately 27 MPH with the average 85th percentile speed at 31-32 MPH. Reducing the speed limit would require the installation of signs throughout the residential neighborhoods. The cost of posting 500 +/- signs would be approximately $50,000, and the traffic study would cost $15-20,000 according to Traffic Consultant Dannie Cummings. A survey is being prepared for residents, and speed will be a question on the survey. Injury accidents on residential streets as a result of speed will also be considered. Mayor Pro Tem Roberts moved the issue be tabled until sometime this fall. Councilmember Shawver seconded, and the vote was unanimous to consider the reduction in the residential speed limit later this fall. CONSIDER BID AND AWARD OF CONTRACT FOR MODULAR NEWS RACKS FOR SNIDER PLAZA: Bids were solicited from vendors for the purchase of 54 individual boxes to be placed in seven locations throughout Snider Plaza. A lottery selection was conducted to determine how individual news racks would be allocated to publications. The bid for modular news racks was awarded to Rak Systems for $29,809 including sale and installation. News racks will be added as needed. Councilmember Walker moved approval of the bid and award for modular news racks for Snider Plaza. Councilmember Shawver seconded, and the vote was unanimous to award the contract for news racks to Rak Systems. CONSIDER FALL AND HOLIDAY BANNERS AND PARK INFORMATIONAL SIGN: Mari Madison of Design Strategies made a presentation of the banners and park sign, which were approved by council. Park Director Gerry Bradley will bring back cost estimates to the next meeting. CONSIDER RENEWAL OF ALL INSURANCE COVERAGE EXCEPT HEALTH INSURANCE: The city will save more than $112,000 over last year by signing with TML Intergovernmental Risk Pool. Councilmember Carter moved approval of the coverage. Councilmember Walker seconded, and the vote was unanimous to approve all insurance coverage except health insurance with TML Intergovernmental Risk Pool. CONSIDER ORDINANCE FOR TWO 15-MINUTE PARKING SPACES AT 4518 LOVERS LANE: Owners of British Trading Company, Mail Express, and Lien's Alterations at 4518 Lovers Lane submitted a request for two 15-minute parking spaces on the north side of Lovers Lane. The spaces are currently subject to a two-hour time limit. The owner of the British Trading Company, Cindi Clark, collected signatures from a majority of property owners along the 4500 block indicating their approval of the proposed 15-minute parking spaces. Bentwood Design Studio retracted their signature from the letter sent by British Trading Company. Police Chief Gary Adams will meet with two business owners on Lovers Lane over the next few days to assist them in getting approval for 15-minute parking signs. Councilmember Shawver moved approval of the ordinance. Councilmember Carter seconded, and the vote was unanimous to allow two 15-minute parking spaces at 4518 Lovers Lane. ORDINANCE NO. 05/23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING TO FIFTEEN MINUTES IN FRONT OF THE BUILDING AT 4518 LOVERS LANE, SAID AREA BEING DEPICTED IN EXHIBIT "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. CONSIDER BID AND AWARD OF CONTRACT FOR SANITATION TRANSFER STATION IMPROVEMENTS: Numerous repairs and upgrades are needed on the transfer station located at 2525 University Blvd so that the facility will be maintained in a safe operating condition and to ensure future serviceability. Councilmember Shawver moved approval of the bid and award of contract. Councilmember Walker seconded, and the vote was unanimous to approve the contract with Cates, Courtney & Roebuck, L.P. for $288,695 for sanitation transfer station improvements. DISCUSS NAMING OF CENTRAL EXPRESSWAY LINEAR PARK: There are currently 11 of the city's 12 larger park sites named for individuals recognized for parkland donation or the contribution of significant service to the community. The remaining unnamed large park within the system is located along the eastern boundary of University Park, just west of the Central Expressway Wall, and is known as Central Linear Park. The park site, approximately 2.2 acres, meanders along the expressway corridor providing an aesthetic landscape buffer between homeowners and the expressway wall. Amenities in the park include two small playgrounds, walkways, botanical plantings and recreational open space. It is the opinion of council that the naming of the linear park site and adjacent street should be named after an individual(s) recognized by the city council as providing leadership and/or contributing to the overall welfare of the community. A committee will be appointed to name the park and the item will be on the August 2nd Agenda. DISCUSS BID ADVERTISEMENT FOR SALE OF PROPERTY AT 4419 WORCOLA: The sale or trade of the property will be contingent upon finding a buyer with property in the immediate area of the 4420 Worcola Peek Service Center, who would be willing to sell or trade for the city's property and develop the new site. The development of the new site would include satisfying City of Dallas zoning and building requirements, and providing sufficient parking and storage facilities to meet the City of University Park's operational needs. Councilmember Carter moved the city allow the advertisement for bids at 4419 Worcola. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the bid advertisement. DISCUSS RECOMMENDATION FOR INTERNAL AUDIT FUNCTION: In it's FY2000 & FY2001 Management Letter comments, external auditor Deloitte & Touche included the consideration of the establishment of an internal audit function. In FY2002, the city created and filled the Controller position to strengthen internal controls and financial reporting ability. The FY2004 management letter did not contain an internal audit function recommendation, and the external auditors have observed that such a recommendation no longer has the relevance as when originally made. DISCUSS GOAR PARK IMPROVEMENT PLANS, INCLUDING FOUNTAIN, WALKWAY AND STREAM DESIGNS, AND DESIGN OF SCREENING FOR THE PROJECT: Plans are being finalized for the construction of the box culvert, including rough grading for the improvements in the park, west from the creek to the Gazebo. It will be accomplished during the initial phases of the box construction. Staff wished to have council's input regarding the alignment of the stream, which flows from the new fountain at the Gazebo to the seating area near the creek, as it will have an impact on the number of trees to be removed for the stream and seating area construction. The screening fence around the construction site will be installed shortly after the 4th of July festivities. It will provide a visual barrier to construction and increase safety for the site. Mr. Bill Pardoe, Chairman of the Parks Advisory Committee, and Mr. Karl Bieberstein of NJB Landscape Architects were present at Goar Park to discuss their recommendations. Park Director Gerry Bradley distributed maps showing the trees to be removed, those remaining, those that could remain and those to be transplanted. He had also arranged fence samples for viewing. Design approval of the construction fence around Goar Park will be on the July 5th agenda. There being no further business, the meeting was adjourned at the park. PASSED AND APPROVED this 5th day of July 2005. ATTEST: James H. Holmes III, Mayor Nina Wilson, City Secretary AGENDA MEMO (07/05/2005 AGENDA) DATE: TO: FROM: SUBJECT: June 21, 2005 Mayor and City Council Luanne Hartford Director of Human Resources Fidelity Bonds for Employees When the Property, Casualty and Liability Insurance Committee considered insurance proposals last month, the committee members noted that under the TML proposal, employees covered by fidelity bonds were excluded from the employee theft coverage of $2,000,000. The committee asked the representatives from TML if they could provide higher limits for employees covered under the policy as well as provide excess coverage for those employees covered under a fidelity bond. TML responded with a reasonable quote for both. Because employees covered under a fidelity bond would have to be covered under the excess insurance, I researched the City Charter and the city's ordinances to determine which employees were required to be bonded. Under the City Charter, only the City Manager and Finance Director are required to be bonded. We found a city ordinance that dates back to the early 80's that requires bonds on the City Manager, Finance Director, Police Chief, and Public Works Director in the amount of $250,000. Because of the City's new insurance coverage and to make the ordinance more consistent with the charter, I am proposing that the City Council adopt an amendment to the existing ordinance to drop the requirement for fidelity bonds on all employees except the City Manager and the Director of Finance and to reduce the two remaining bonds from $250,000 to $25,000. The City can purchase $4,000,000 of insurance coverage in excess of the $25,000 bonds for a cost of $934. In addition, the City can raise the limits of employee dishonesty/crime insurance coverage from $2 million to $4 million on all other employees at an additional cost of $905. We currently pay $4,375 annually for fidelity bonds. I have discussed this recommendation with the members of the Property, Casualty and Liability Insurance Committee, and they support it. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings~Temporary Internet Files\OLK31~AGENDAMEMO (6).doc 4:44 PM 06/29J 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 8.110 TO REQUIRE SURETY BOND FROM CITY MANAGER AND FINANCE DIRECTOR; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 8, Section 8.110, of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: "Sec. 8.110 Employee Bonds The city manager and Director of finance, before entering upon their duties of office, shall execute a twenty-five thousand dollar ($25,000.00) surety company bond, payable to the City of University Park, and conditioned on the faithful performance the duties of office, the premium of such bond to be paid by the city." 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. SECTION3. 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. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of July 2005. APPROVED: JAMES H. HOLMES m, MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY (RLD/6-27-05; 75405) NINA WILSON, CITY SECRETARY C AGENDA MEMO (07/05/05 AGENDA) DATE: TO: FROM: June 30, 2005 Honorable Mayor and Members of the City Council Bob Livingston SUBJECT: CONSTRUCTION FENCE FOR IMPROVEMENTS AND CITY HALL REMODEL GOAR PARK At your last meeting the Council was given a tour of the area to be impacted by the improvements to Goar Park and shown alternatives for construction fencing for the various phases of the total project. Two alternatives were presented for fencing, one a solid painted fence with each section consisting of two 4' by 8' painted plywood sheets. The second is a more traditional picket fence painted a dark green. The second alternative was approximately $1500 less expensive than the first. RECOMMENDATION: Based on Council direction, staff will have the second alternative, the picket fence, constructed and painted a "University Park" green. ATTACHMENTS None AGENDA MEMO (07/05/2005 AGENDA) DATE: TO: FROM: SUBJECT: June 29, 2005 Mayor and City Council Luanne Hartford Director of Human Resources Wellness Program For the past year, I have been looking for a wellness program that would help lower health care costs to the City. Until now, no program has been able to back up the promise to lower health claims with actual results and statistics. I have attached an article about a trial wellness program initiated by the City of Garland. After reading the article, I spoke with Rick French, the Benefits Manager for the City of Garland. He highly recommended the program and brought Marcia Upson to meet with Bob Livingston, Kent Austin and me. We were all quite impressed by the results Ms. Upson has achieved with her program and, because the City of Garland is self-insured, Mr. French has the claims data to prove the success of the program. I am recommending that we contract with Ms. Upson for one year to provide weight management and wellness classes to city employees. Her monthly contract fee is $3,500 per month ($42,000 annually). If Ms. Upson's program is as successful here as it has been at the City of Garland, the savings in claims alone should offset her fee. In addition, it is my intention to eliminate the Disease Management services on our current health plan when we renew in January, 2006, because it has been ineffective. That will result in a savings of at least $8,000 which will also go toward offsetting Ms. Upson's fee. If this recommendation is approved, I will evaluate the results of the program on an on-going basis and provide you with regular reports on the progress. Recommendation: Execute contract Attachments: Copy of newspaper article and copy of agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local SettingsWemporary Internet Files\OLK31~AGENDAMEMO (7).doc 10:15 AM 06131 Engagement Agreement Client Name: City of University Park, Texas Client Contact: Luanne Hanford, Director of Human Resources - 214-987-5305 Naturally Slim Inc. agrees to do the following work for the City of University Park. We will report to the individual named above as the Client Contact unless directed otherwise. Description of Assignment Naturally Slim Inc. will conduct one weekly educational class at the time and location mutually agreed upon between the Client and Naturally Slim. These classes will follow the Naturally Slim protocol and continue for 10 weeks' duration. The City of University Park agrees to conduct 4 of these 10 weeks' sessions over a 12 month period at intervals to be determined by the parties. Each session should include no more than a maximum of 20 participants to optimize results. These sessions will include training in the Naturally Slim program and personal coaching to promote understanding and compliance in the plan parameters. Naturally Slim agrees to provide the City of University Park statistical analysis of the participant's weight loss and key health indicators for each 10 week session conducted. Collection of data and report content will be determined under the direction and agreement of the Client Contact and the City of University Park. Proiect Cost Naturally Slim, Inc. agrees to be retained by the City of University Park for a twelve month period for the professional services fee of $3,500 per month. Naturally Slim, Inc. shall receive payment by the 15th of each month during the twelve months' engagement. In the event that the Client requests substantial changes to the content and/or scope of the project, Naturally Slim Inc. reserves the right to change or adjust its fees accordingly with notification and agreement with the Client. Exclusions Naturally Slim, Inc. cannot make any guarantees, implied or express, as to the results of this Employee Wellness Program. Results will vary depending on the commitment and compliance of individual plan participants. Naturally Slim, Inc. may rely on information furnished to it by the City of University Park, plan participants, and third parties as stipulated by the Client. The City of University Park agrees to hold harmless Naturally Slim, Inc. in the event of any adverse reaction, illness, and/or injury, primary or secondary, to the recommendations of diet, nutrition, and exercise related to the wellness regimen proposed to plan participants. Terms of the EnRaRement This agreement may be terminated by either party with 30 days written notice to the other party. The City of University Park's obligation shall not exceed payment of one month's retainer fee after any termination agreement notice has been received by Naturally Slim, Inc. Naturally Slim, Inc. agrees to maintain client-consultant privacy at all times and protect and defend the rights, interests, and welfare of the City of University Park at all times with respect to this wellness initiative. The City of University Park in consultation with Naturally Slim, Inc. agrees to develop and implement an interview process to determine which employees will be selected in what chronological order to participate in this program. The City of University Park agrees to produce and obtain a HIPAA (Health Insurance Portability and Accountability Act) authorization and release from each plan participant relinquishing the right to share PHI (Protected Health Information) with respect to individual participant results in this program. The City of University Park agrees not to reproduce, copy, or otherwise distribute any Naturally Slim, Inc. manuals, materials, audio cassettes, compact discs, website passwords, or other proprietary information belonging to Naturally Slim, Inc. without express written consent of Naturally Slim, Inc In case of dispute, the terms and conditions of this agreement shall prevail. Naturally Slim, Inc. Date: Signature: Printed Name and Title: Marcia B. Upson - Principal ACCEPTANCE: CLIENT: The City of University Park~ TX Date: Signature: Printed Name and Title: 3_acauielvnn Flovd: Garrand vellneds program worth its weight 07:45 PM CDT on Wednesday, June 15, 2005 GARLAND -- At 280-plus pounds, veteran firefighter .loe Estes was too fat to fight fires. He could barely reach around his own stomach to help lift a patient on a stretcher into an ambulance. When he made lieutenant and transferred to the city fire marshal's office, he figured his days on the front line were over. Resigned to spending the rest of his career sitting behind a desk, he spent the next year and half packing on another 30 pounds. At 40, he was an uncomfortably big man. He was also a walking time bomb. That was six months ago. Since then, he has lost 75 pounds. He's getting ready to transfer back to active shift duty. And he's no longer the kind of high-risk employee whose physical liabilities are costing employers an ever-bigger bundle in health insurance premiums. Lt. Estes is the star but by no means the sole success in a pilot "wellness" program the city of Garland tried out on 30 employees. In six months, the 30 lost a total of more than 700 pounds. They lost an average of 19 cholesterol points per person and an average of 10 points off their blood pressure readings. Some were able to stop using medication for hypertension or diabetes. Most of those who hadn't been exercising suddenly felt energetic enough to start. They report feeling better. They have taken fewer sick days. And -- of particular interest to their employer and their insurers -- the cost of their medical care dropped an average of $400 to $500 a person. If you could guarantee your insurance company you'd cost them $1,000 less in payouts every year, they'd be interested, too. "If I don't tell people about this, I think I'll bust inside," said Garland benefits manager Rick French, who started the program to slow the fiscal hemorrhage of city budget money for spiraling employee health-care costs. Mr. French, like countless other benefits managers in the public and private sectors, has spent plenty of time trading theories with colleagues about how to limit meteoric health-care costs. He's heard plenty of sales pitches from contractors and consultants. :In the end, he decided to go looking for exactly the program he wanted, instead of waiting for it to come to him. He found Marcia Upson, a family nurse practitioner who specializes in weight loss and healthy nutrition. Ns. Upson, who accepts client referrals from Dallas-area doctors, was unsure at first about contracting with a city, but Mr. French talked her into it. "! teach people how to eat normal food," Ms. Upson said. That's it -- no pills, no protein shakes, no marathon gym workouts, no list of off-limits chow. :It sounded too -- well -- simple. "Nobody can beat the stats," she said merrily. Seated at her elbows, Lt. Estes and Mr. French (the latter has lost 30 pounds himself) nodded in earnest agreement. ~[n a series of classes and counseling sessions, Ms. Upson got the participating employees to distinguish genuine hunger from the gazillion other reasons people sit down and pig out. She taught them they can eat anything they want, in reasonable quantities and at sensible intervals. Mr. French got the city's insurance companies to help underwrite the cost of the program, theorizing that, if it worked, they would get their money back in claims costs. (He has an innovative noodle for this kind of thing; last year, he established an on-site medical clinic for Garland emploYees). The results have persuaded city authorities to make the wellness program permanent. This is good news for other employees who are now pounding the door down to get in; the waiting list is more than 100. ]~t sounds both simple and far-fetched, but they insist it's true: Mr. French sends Ms. Upson his highest-risk employees, and she sends healthy people back. .loe Estes, former fat man, is living proof. When we talked this week, ! asked him what he had just eaten for lunch: Watercress salad? Grilled fish? A Kleenex? "Chicken-fried steak," he said easily. He has it every Tuesday. How about that? People spend piles of cash and go on crazy diets; every day we hear more dire and discouraging news about how Americans are so sedentary and obese that fitness seems like a hopeless pipe dream -- and a bunch of city workers over in Garland seem to be finding that it really doesn't have to be so complicated. "You're right, it doesn't," Mr. French said. "It's just plain o1' good common horse sense."