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HomeMy WebLinkAboutAgenda 10-04-05 Names Tabs.doc AGENDA #2520 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, OCTOBER 4, 2005 AT 5:00 P.M. 4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW I. INVOCATION - Mayor Pro Tem Jim Roberts II. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Jim Roberts/Boys Scouts III. INTRODUCTION OF COUNCIL - Mayor James H. Holmes, III IV. INTRODUCTION OF STAFF - City Manager Bob Livingston V. AWARDS AND RECOGNITION DEPARTMENT PINS: Receptionist Ann Bray, 10 years of service to the City of University Park PRESENTATION: Certificates of Appreciation to Elizabeth Hand, Caroline Porter and Stephanie Carvell for their efforts in aiding victims of Hurricane Katrina by collecting diapers for evacuees in need VI. RECOGNITION OF BOY SCOUTS VII. 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. VIII. CONSENT AGENDA A. CONSIDER: Change Order for Transfer Station improvements - Speer Tab I B. CONSIDER: Final payment to Durable Specialties, Inc. for traffic signals and foundation for antique street lights - Smallwood Tab II C. CONSIDER: Amendment and renewal of annual Dallas County Interlocal Agreement for Household Hazardous Waste Disposal Program FY06 - Speer Tab III D. CONSIDER: Approval of City Council Meeting Minutes for September 20, 2005 - Wilson Tab IV IX. MAIN AGENDA A. CONSIDER: Ordinance amending definition of real estate signs - Persaud Tab V B. CONSIDER: Program for markers at city entrances - Bradley Tab VI C. CONSIDER: Ordinance for no parking, east side 6600 block Airline, Daniel north to Rosedale - Corder Tab VII 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. X. INFORMATION AGENDA Tab VIII REPORTS, BOARD AND COMMITTEE MEETING MINUTES A. BOARD OF ADJUSTMENT Minutes for August 22, 2005 B. EMPLOYEE BENFITS ADVISORY COMMITTEE C. FINANCE ADVISORY COMMITTEE D. PARK ADVISORY COMMITTEE E. PLANNING & ZONING COMMISSION Minutes for May 16, 2005 F. PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE G. PUBLIC SAFETY ADVISORY COMMITTEE H. PUBLIC WORKS ADVISORY COMMITTEE 1. URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE 1. ZONING ORDINANCE ADVISORY COMMITTEE K. CAPITAL PROJECTS REVIEW COMMITTEE 19 AGENDA MEMO (10/04/05 AGENDA) DATE: September 29,2005 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Change Order #1 to Project 4361 Transfer Station Improvements BACKGROUND: On June 21,2005, Council approved a contract with Cates, Courtney, & Roebuck, L.P. in the amount of $288,695 for improvements to the sanitation transfer station at 2525 University Blvd. The contractor began work on this project on July 5,2005. Work has been progressing since that time. ITEM: During the construction, the contractor has uncovered additional areas of metal decay on the structure that could not be observed until part of the structure was dismantled. With these additional problem areas uncovered, the contractor provided us with change order submittals to repair these defects. The first change order was for minor sheet metal work totaling $550. This work was approved by staff in order to keep the work progressing. The second change order involves the removal and replacement of several sections of structural steel. The second change order submitted by the contractor contains 5 items to be addressed. Staff reviewed the change order request and determined that the prices provided for items 1 and 2 were substantially too high for the work involved. Staff feels that these two items can be addressed in-house at a substantial savings. Items 3 - 5 however, involve metal work that must be done in concert with the originally planned work. This additional work is necessary to make the facility structurally sound. The total cost for items 3 - 5 is $13,090. That amount coupled with the $550 from change order #1 amounts to a 4.7% increase over the contract amount. RECOMMENDA TION: Staff recommends approval of Change Order # 1 and items 3,4, and 5 of Change Order #2 totaling $13,640.00. ATTACHMENTS: . Contractor's Change Order Submittal #1 . Contractor's Change Order Submittal #2 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:IDocuments and SettingslnwilsonlLocal SettingslTemporary Internet FileslOLK311Proj43610 C01 100405.doc 10:58 AM 09/2 P 15 05 12:38p Cates,Courtne~,LRoebuck 817 921 4986 p. 1 ROEBUCK CONCRETE CONTRACTORS P.O. Box 301 . Fort Worth, TX 76101 . 3015 Stuart Dr. . Fort Worth, TX 76104 Office 817-921-3183' Fax 817-921-4986 www.concretebyroebuck.com "Now Offering Stamped Concrete" 9-15-05 Mr. Frank Pugsley Chaing, Patel & Yerby, Inc. 1820 Regal Rnw, Suite 200 Dallas, TX 75235 RE: Request for Change Order University Park Solid Waste Transfer Station Improvements Dear Frank, Due to unforeseen site conditions which we not known at bid time; we have discnvered some items, which need to be replaced due to the deterioration of the existing structure. The cost to replace these items is as follows: 1. Fabricate and install 20 LF of gutter for front (east) side of main structure- $1,300.00 2. Fabricate and install truck bumper at truck dock- $3,870.00 3. Fabricate and install catwalk On south side of east compactor- $5,610.00 4. Fabricate and install catwalk on north side of west compactor- $6,030.00 5. Clean floor, grout and install 5" x 5" angle iron at SW corner of equipment Bldg. to stop water intrusion onto floor-$1,450.00 Total Quote for above Work: $18,260.00 Price includes galvanizing and painting as required by specifications. All work to be completed as per specifications. In addition to the above pricing we will require 3 weeks additional time to complete the work. Thank you for the opportunity to bid the above work, please call if any question. SinSLs~LL Steve Roehuck RECEIVED TIME SEP,15. 12:33PM el(; 26 05 02:371" Cates,Courtne~,&Roebuck 817 82 4886 p.2 ROEBUCK CONCRETE CONTRACTORS P.O. Box 301 . Fort Worth, TX 76101' 3015 Stuart Dr, . Fort Worth, IX 76104 Office 817-921-3183' Fax 817-921-4986 www.concretebyroebuck.com 'Now Offering Stamped Concrete" 8-26-05 Mr. Frank Pugs ley Chaing, Patel & Yerby, Inc. 1820 Regal Row, Suite 200 Dallas, TX 75235 RE: University Park Transfer Station improvements Dear frank, While removing the damaged sheet metal skin on the existing bldg., we have discovered 6 additional siding pieces needs to be removed an extra 18". Also, we the flashing needs to be replaced where the mechanical room abuts the main bldg. (approx. 20' x 24") The cost to perform this extra work is $550.00. If this is acceptable, please issue a cbange order and we will proceed immediately. Thank you for the opportunity to quote this item of work. Sin.cer~;y "irs, // ;/ 3~(/~ Steve Roebuck RECEIVED TIME AUG,26. 2:33PM 19 AGENDA MEMO (10/04/05 AGENDA) DATE: September 28,2005 TO: Nina Wilson City Secretary FROM: Jennifer Shell, P.E. Civil Engineer SUBJECT: Final Payment for Traffic Installation at Various Locations, Project No. 42730 Consent A2enda CONSIDER APPROVAL OF FINAL PAYMENT TO DURABLE SPECIAL TIES, Inc. in the amount of $15,200.67 for work performed and materials furnished for the construction of Project No. 42730 (Traffic Installation at Various Locations). Traffic signals were installed at the intersections of Lovers Lane and: Boedeker, Airline, Hillcrest and Dickens, as well as the intersection of Hillcrest and Southwestern. Foundations for antique street lights were installed at the intersections of Lovers Lane and: Willard, Cleburne, Boedeker, Durham, Dublin, Airline, Athens, Hillcrest, Snider Plaza, and Hursey. 19 AGENDA MEMO (10/04/05 AGENDA) DATE: September 28,2005 TO: Bob Livingston City Manager FROM: Jennifer Shell, P.E. Civil Engineer SUBJECT: Final Payment for Traffic Installation at Various Locations, Project No. 42730 On December 14, 2004, the City Council approved Durable Specialties, Inc. for the above-referenced project. The Engineering and Traffic Departments have accepted the completed work. The actual work performed and the materials furnished, as provided by the contract, brought the project total to $304,013.50. A payment in the amount of $15,200.67 has not been made to the Contractor for the retainage on this project. PROJECT COST HISTORY APPROVED CONTRACT AMOUNT 12/14/04 $ 298,450.00 The total cumulative value of the contract was increased by $5,563.50, or 102% of the original contract amount. This overrun was due to the following items being added to the contract: . Foundations installed at University Park Elementary School for $3,200 school flashers and lighted crosswalk . Foundation installed at Hursey and Lovers intersection for school $800 flasher . Installation of two street lights for the City of Dallas at the $4,611 intersections of Lovers Lane at Willard and Lovers Lane at Cleburne Total $8,611 The City of Dallas will be reimbursing the City of University Park, under the Lovers lane Pavement Reconstruction Project contract, the amount of $4,611.00 for the completed work. 19 AGENDA MEMO (10/04/05 AGENDA) DATE: September 29,2005 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Consider amendment to and renewal of annual Interlocal Agreement with Dallas County to coordinate a Countywide Household Hazardous Waste Disposal Program for FY06. ITEM: The proposed Interlocal Agreement with Dallas County is an annual renewal of the Household Hazardous Waste Disposal Program that was initiated in 1994. Citizens of University Park have used either local events, usually held quarterly in one of the local communities, or the Home Chemical Collection Center (located at 11232-34 Piano Road) to dispose of their paint, herbicides, pesticides, etc. University Park's annual contribution to the program is funded as a $25,000 expenditure from the Sanitation Division FY20056 Budget. This year's renewal includes an amendment to the agreement to reflect changes in the effective term and fiscal year budget. Staffhas reviewed the proposed amendment and found no significant changes. The changes are largely procedural and represent no change in the level, type, or cost of the services provided. RECOMMENDATION: Staff recommends City Council approval of the amendment and authorization for the City Manager to execute the Interlocal Agreement with Dallas County to coordinate a Countywide Household Hazardous Waste Disposal Program. ATTACHMENTS: . Amendment NO.3 to the Household Hazardous Waste Interlocal Agreement . Exhibit C2006 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\HHW Interlocal Renew 100405.doc 10:34 AM 09/2 HHW Interlocal Agreement FY2006 Amendment NO.3 Page 1 of 4 STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ AMENDMENT NO.3 TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT (The "Agreement") BETWEEN DALLAS COUNTY AND THE CITY OF UNIVERSITY PARK, (The "City") A MEMBER CITY OF THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK WHEREAS, on August 16, 2005, the Dallas County Commissioners Court was briefed on a request from the cities of the Dallas Area Household Hazardous Waste Network to renew and revise the effective term and specify new fiscal year budgets for the Household Hazardous Waste Program interlocal agreement that was authorized by Court Order 2002-1838; and WHEREAS, the requested amendment will extend the Agreement for a fourth year, from October 1, 2005 through September 30, 2006, as provided in Section I of the Agreement, which permits up to four additional one-year renewals for a five-year total contract term; and WHEREAS, the requested amendments in Exhibit A2006 will update the term of contract extension and allow each participating city to update its budget limit for FY06; and WHEREAS, the requested amendments in Exhibit B2006 will update program budget amounts for the new fiscal year; and WHEREAS, the requested amendments will continue the Household Hazardous Waste Program through fiscal year 2006 with no change in the basic terms and conditions of the Agreement, at no cost to Dallas County; NOW THEREFORE, by execution of this Amendment No.3, the Agreement is amended hereby as set forth below. I. PURPOSE Amendment NO.3 amends the Agreement to reflect changes in the effective term and fiscal year budget, as contained in Exhibits A2006, B2006, and C2006. II. EFFECT OF THE AGREEMENT By execution of this Amendment No.3, the Agreement is amended hereby with respect to the Exhibits described below. No other sections, provisions, clauses or conditions of the Agreement HHW Interlocal Agreement FY2006 Amendment NO.3 Page 2 of 4 are waived or changed hereby, and they shall all remain in full force and effect throughout the term of the Agreement and any duly authorized extensions. III. AMENDED PROVISIONS The new term of the Agreement shall be October 1, 2005 through September 30, 2006. The language contained in Exhibit A2006 entitled Changes to Interlocal Agreement FY2003 Between Dallas County and HHW Network Member City shall replace language in the City Responsibilities," section of the Agreement as referenced in the exhibit. The language contained in Exhibit B20050f the Agreement entitled FY2005 HHW Program Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit B2006 entitled FY2006 HHW Program Budget Summary. The language contained in Exhibit C2005, entitled Calculation of Annual Operational and Capital Costs for FY2005 for Cities in the Dallas Area Household Hazardous Waste Network shall be deleted in its entirety and shall be replaced with the attached Exhibit C2006 entitled Calculation of Annual Operational and Capital Costs for FY2006 for Cities in the Dallas Area Household Hazardous Waste Network IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of Dallas County and The City Of University Park, a member city of the Dallas Area Household Hazardous Waste Network, do hereby agree and append this Amendment No. 3 to the Agreement dated October 8, 2002. EXECUTED THIS the day of ,2005. DALLAS COUNTY: CITY: BY: Margaret Keliher County Judge BY: Bob Livingston City Manager APPROVED AS TO FORM: BY: Bob Schell, Chief Civil Section Dallas County District Attorney's Office HHW Interlocal Agreement FY2006 Amendment NO.3 Page 3 of 4 EXHIBIT A2006 CHANGES TO INTERLOCAL AGREEMENT FY2003 BETWEEN DALLAS COUNTY AND HHW NETWORK MEMBER CITY The following replaces the language contained in Section IV (entitled "City Responsibilities"), page three (3), paragraph one (1), item one (1) of the original Agreement and supersedes the language contained in Section A of Exhibit A2005 in Amendment 2 of the Agreement. "A sum not to exceed $ for disposal, setup, operational, capital and transportation costs for HHW collection for residents of the City during the period from October 1 , 2005 through September 30, 2006. a. Collection, setup, and disposal costs will be paid after-the-fact, based on actual usage by the city at events and at the collection center. b. Operational and capital costs shall be paid quarterly in advance. c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for partial quarter participation but will become immediately due and payable in full." HHW Interlocal Agreement FY2006 Amendment NO.3 Page 4 of 4 Exhibit 82006 FY2006 HHW PROGRAM BUDGET SUMMARY This exhibit summarizes the total program funding for FY06 as approved by the Dallas Area Household Hazardous Waste Network at its meeting on June 16, 2005. It replaces the language and budget summary contained in Exhibit B2005 of the Agreement. Fixed costs include personnel and operating costs, which are shared by the Network cities based on single-family household projections published by North Central Texas Council of Governments. Personnel costs include all HHW staff salaries and fringe. Operatinq costs include supplies, equipment, advertising, public education, volunteer support, staff development, printing, postage, facility maintenance, utilities, and all other direct programming costs. Capital costs are provided by the cities based on single-family household projections published by the North Central Texas Council of Governments and set aside for capital maintenance and improvements including building repairs, equipment repair or replacement, mechanical upgrades, and expansion projects. Variable costs are comprised of vendor costs for collection, contract labor, and disposal, which vary according to actual usage and are indicated in the budget summary for planning purposes only. Funding for collection, contract labor, and disposal costs will be collected from the cities after the fact, on an as-used basis. Budget adjustments made during the term of the agreement shall not result in a City Funding amount that exceeds the approved budget total shown herein. The County may make line item transfers within the budget when these transfers do not exceed $5,000. Budget adjustments in excess of $5,000 must be approved by the HHW Network. OPERATIONAL BUDGET (FIXED COSTS) Personnel Costs $ 316,800 Operating Costs $ 212,320 Sub-Total $529,120 CAPITAL EXPENSE BUDGET $ 20,000 COLLECTIONILABOR,IDISPOSAL BUDGET (VARIABLE COSTS) $ 611,800 TOTAL PROGRAM BUDGET $ 1,160,920 HHW Interlocal Agreement FY2006 Exhibit C2006 Page 1 of 1 Exhibit C2006 Calculation of Annual Operational and Capital Costs for FY2006 For Cities in the Dallas Area Household Hazardous Waste Network Service Area Based on Single City's Quarterly Family City's Annual Share Share of Households as Percent of of Operational and Operational and per Current Service Area Capital Budgets for Capital Budgets for NCTCOG FY06 Housing FY06 City Estimates Carrollton 30, 188 6.09% $33,437 $8,359 Dallas 242,351 48.88% $268,432 $67,108 De Soto 13,150 2.65% $14,565 $3,641 Duncanville 11 ,243 2.27% $12,453 $3,113 Farmers Branch 7,597 1.53% $8,415 $2,104 Garland 59,277 11.96% $65,656 $16,414 Highland Park 2,975 0.60% $3,295 $824 Irving 34,572 6.97% $38,293 $9,573 Mesquite 36,532 7.37% $40,463 $10,116 Richardson 26,894 5.42% $29,788 $7,447 Rowlett 16,750 3.38% $18,553 $4,638 Sachse 5,273 1.06% $5,840 $1,460 Seagoville 3,039 0.61% $3,366 $842 University Park 5,926 1.20% $6,564 $1 ,641 TOTAL 495,767 100% $549,120 $137,280 * Annual Operational and Capital cost shares are determined by multiplying each city's Percent of Service Area times the total cost for the year. City shares are billed quarterly in advance and may be proportionately adjusted in the event city participation changes. HHW Interlocal Agreement FY2005 Exhibit C2005 Page 2 of 2 Exhibit C2005 Calculation of Quarterly Operational and Capital Costs for FY2005 For Cities in the Dallas Area Household Hazardous Waste Network Service Area Percent of City's Total Using NCTCOG Service Area City's Share of Quarterly 2004 Single Using 2004 Quarterly City's Share of Operational Family Housing Housing Operational * Quarterly and Capital City Estimates Estimates Costs Capital * Costs Costs Carrollton 29,744 6.06% $5,976 $303 $6,279 Dallas 241 , 118 49.11 % $48,443 $2,456 $50,899 De Soto 12,407 2.53% $2,493 $126 $2,619 Duncanville 11 ,214 2.28% $2,253 $114 $2,367 Farmers Branch 7,599 1.55% $1,527 $77 $1,604 Garland 58,872 11.99% $11,828 $600 $12,428 Highland Park 2,984 0.61% $600 $30 $630 Irving 34,212 6.97% $6,874 $348 $7,222 Mesquite 36,024 7.34% $7,238 $367 $7,605 Richardson 26,774 5.45% $5,379 $273 $5,652 Rowlett 16,369 3.33% $3,289 $167 $3,455 Sachse 4,795 0.98% $963 $49 $1,012 Seagoville 2,884 0.59% $579 $29 $609 University Park 5,954 1.21% $1 , 196 $61 $1,257 TOTAL 490,950 100% $98,638 $5,000 $103,638 * Quarterly Operational and Capital cost shares are determined by multiplying each city's Percent of Service Area times the total cost for the quarter. City shares are billed quarterly in advance and may be proportionately adjusted in the event city participation changes. MINUTES #2519 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, SEPTEMBER 20,2005,5:00 P.M. PRE-MEETING DISCUSS PROJECTED SCHEDULE FOR EXCAVATION AND BOX CULVERT CONSTRUCTION ADJACENT TO CITY HALL: Public Works Director Bud Smallwood presented the information along with Steve Jeske of Jeske Construction Company. PRESENTATION OF EVACUATION PLAN FOR CITY: Fire Chief David Ledbetter spoke on the plans the city has for an evacuation in the event of a disaster. Mayor Holmes opened an Executive Session at 4:45 p.m. for a consultation with the City Attorney under Section 551.071 of the Government Code in the Conference Room. The executive Session closed at 4:57 p.m. Mayor Blackie Holmes then 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 AND RECOGNITION RETIREMENT PLAQUE FOR PAT ROBERTS, PAYROLL SPECIALIST, FINANCE DEPARTMENT: City Manager Bob Livingston presented Payroll Specialist Pat Roberts with a retirement plaque and a gift check from the city, thanking her for 18 years of service to the city. PRESENTATION OF OFFICER JAMES SAVAGE, POLICE OFFICER OF THE FIRST QUARTER 2005: Police Chief Gary Adams presented a certificate to Officer Savage congratulating him on his nomination and selection by his peers. DEPARTMENT PIN FOR GARDENER JOSE AREVALO: City Manager Bob Livingston presented Jose Arevalo with a IS-year department pin and thanked him for his service to the city. PRESENTATION OF CERTIFICATES OF APPRECIATION: Mayor Holmes presented certificates to Kathy Rogers, Executive Director of Rogers Wildlife Rehabilitation Center in Hutchins, Texas as well as Beth Hook and Karen Outland, residents of the city. He thanked them for their invaluable assistance in relocating wildlife from Williams and Goar Parks. PROCLAMATION TO ESTABLISH AN ARBOR DAY OBSERVATION: Since 1982, the city has planted over 3,000 trees as part of the Trees for Town Program. A proclamation was read by Mayor Holmes establishing November 18, 2005 as Arbor Day. An annual tree planting event in the future will mark Arbor Day in the City of University Park. RECOGNITION OF BOY SCOUTS: Three boy scouts introduced themselves and announced the badges upon which they were working: Chris and William Morris of 3529 Marquette and James Anbouba of3721 Centenary. ITEMS FROM THE FLOOR Lisa Christopherson, 3304 Wentwood, spoke for neighbors in the 3200-3300 blocks of Wentwood, 3600-3700 blocks of Southwestern, 3400 block of Colgate and the 3500 block of Stanford regarding notices of sidewalk violations received around September 6. She requested an extension of the 30-day compliance time to replace the marked portions of the sidewalks. Since the jobs are small, it has been difficult to find companies that will submit bids. John Jackson, 3425 Colgate, requested an extension also and suggested that, when alleys or curbs and gutters are repaired, the contractor replace that entire block of sidewalks. Gregg Holmes, 3633 Granada, was instrumental in bringing other violations to the attention of Code Enforcement Officer Russell Craig and read a letter he had written to Mr. Craig. Randy Rost, 3224 Wentwood, spoke in favor of a 90-day extension and requested building fees be waived and the cost considered by council, as they constitute 1/3 of the cost of the sidewalk replacement. Steve Williamson, 3400 Colgate, feels the process is inefficient, and communication with residents should be improved. Mayor Holmes stated that an extension would be granted and, due to the concern of so many residents, the council would discuss the policy with the city manager, assistant to the public works director and community development officer. He also stated the policy had not been changed recently as thought by some residents, but was established a long time ago and that the city has always cited blocks rather than individual residents. Mayor Holmes will refer the sidewalk issue to the Public Works Advisory Committee and appoint two (2) visiting committee members from those who spoke at the meeting. Also, the city will stop issuing citations for the present time, and suggest the building department consider issuing a permit for an entire block rather than individual homes, and consider a repair policy, as well as, replacement policy. Councilmember Shawver moved acceptance of the Consent Agenda with the exception of the right-of-way license agreement for 3557 Centenary, which should be considered at a later date. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER SELECTION OF AN EXTERNAL AUDITOR: Weaver & Tidwell, L.L.P. was selected as the city's auditor for FY2005, 2006 and 2007 for a proposed fee of $55,500. CONSIDER ORDINANCE FOR A BUDGET AMENDMENT FOR CAPITAL PROJECT FUND BALANCE TRANSFER: Amend FY2005 Budget to authorize transfer of fund balance from General and Utility Funds to Capital Projects Fund for City Hall Project. ORDINANCE NO. 05/35 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2004-2005 FISCAL YEAR BUDGET, ORDINANCE NO. OS/20, TO APPROPRIATE $2,411,800 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $2,413,300 AND INCREASING REVENUES $1,500; AND TO APPROPRIATE $2,000,000 FROM THE UTILITY FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $2,000,000; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RESOLUTION RENEWING CITY INVESTMENT POLICY: The Texas Public Funds Investment Act requires a city's governing body review its investment policy and investment strategies not less than annually and that the policy be adopted. Only one slight change was proposed from the current policy regarding Certificates of Deposit to replace the words "state or national bank domiciled in this state" with the phrase "depository institution that has a main office or branch office in Texas." The resolution also names the finance director, city manager, and controller as investment officers. RESOLUTION NO. 05-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE INVESTMENT POLICY OF THE CITY OF UNIVERSITY PARK HERETOFORE ADOPTED BY RESOLUTION NO. 04-06; AND PROVIDING AN EFFECTIVE DATE. CONSIDER RIGHT-OF-WAY LICENSE AGREEMENT FOR 3557 CENTENARY: This item was removed from the agenda and will be considered at the October 17 city council meeting after the city attorney has had time to consider the issue. CONSIDER DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY: The Animal Control Officer will act as the local rabies control authority. The duties of the Local Rabies Control Officer shall be to enforce Chapter 826 of the Texas Health and Safety Code, as it relates to animal control and the minimum standards for rabies control, the ordinances or rules of the municipality, and the rules adopted by provisions of Chapter 826, Section 826.045, as they relate to rabies quarantine provisions. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For September 6,2005. MAIN AGENDA PUBLIC HEARING TO CONSIDER STRUCTURE AT 3624 MCFARLIN: Mayor Holmes opened the public hearing. As defined in Article 3.200 of the City of University Park Code of Ordinances, the structure constitutes a public nuisance. The main structure and two rear structures need to be maintained, there is a large amount of debris near the rear of the property, and it is consistently overgrown with weeds. It has been determined the residence is a hazard to safety, health and public welfare and is in violation of 93.201 (b) (5). Written notification regarding the violations was first mailed to the owner, Ms. Phyllis McDonald, in November 2004. Staff attempted to notifY the resident of the violations by phone, but was unable to make contact. Subsequently, written notifications were mailed on February 1, 2005 and March 11, 2005 listing specific violations. Since no action was taken, a citation was issued on March 29, 2005 with a plea date set for April 13, 2005. A warrant was issued on May 10, 2005 for failure to appear before the court. Ms. McDonald was present at the city council meeting and stated she was unaware of the warrant. She discussed the progress made and distributed before and after pictures to the council. The item was continued until the November 8 city council meeting when Ms. McDonald will again appear to state the progress made. Assistant to the Director of Public Works Robbie Corder will send a list of items to be corrected by November 8. As there were no further comments, Mayor Holmes closed the public hearing. CONSIDER CHANGE ORDER NO.2 TURTLE CREEK BOX CULVERT FOR CITY HALL EXPANSION, PROJECT 43710: In March 1995, the city council approved the park department's project for silt removal in Williams Park, Turtle Creek, and Curtis Park in the amount of $422,750. Change Order #2 accomplishes additional silt removal in the amount of $110,400. Councilmember Walker moved approval of the Change Order. Councilmember Carter seconded, and the vote was unanimous to approve Change Order NO.2 for the Turtle Creek Box Culvert for City Hall Expansion. CONSIDER APPROVAL OF BID AND AWARD OF CONTRACT FOR IN-PLACE RECYCLING OF ASPHALT PAVEMENT AT VARIOUS LOCATIONS, PROJECT 42693: This will include reconstruction of existing asphalt streets using in-place recycling of asphalt, as well as, two existing concrete streets, which will be overlaid with two inches of asphalt. Mayor Pro Tem Roberts moved approval of the contract to Cutler Repaving, Inc. Councilmember Walker seconded, and the vote was unanimous to approve the bid and award of contract. CONSIDER EMERGENCY CONSTRUCTION OF SANITARY SEWER ALONG TURTLE CREEK BOULEVARD, SOUTH FROM LOVERS LANE TO VASSAR AND BALTIMORE, SOUTH FROM LOVERS LANE TO TURTLE CREEK BOULEVARD: The Utilities Division recently responded to a call from the building contractor constructing a new home on Turtle Creek Boulevard, south of Lovers Lane. The contractor, in drilling piers, discovered he had drilled through the city's sanitary sewer main along the rear of the property, which serves residences along the west side of Turtle Creek Boulevard and along the east side of Baltimore. The damage was repaired and the sewer main returned to service; however, the sewer was found to be in a deteriorated condition. Staff would like to proceed with the solicitation of bids for emergency construction of the sanitary sewer. Councilmember Shawver moved approval of the project. Councilmember Carter seconded, and the vote was unanimous to approve construction of the emergency sanitary sewer. CONSIDER FUTURE RECONSTRUCTION OF PRESTON ROAD FROM UNIVERSITY BOULEVARD SOUTH TO ST. ANDREWS: The current curb & gutter reconstruction project includes replacement along the west side of Preston from University Boulevard south to St. Andrews. However, since the project was initiated a couple of years ago, the remainder of the street has deteriorated to a point where it would be more cost effective to construct the entire street than to continue with the replacement of curbs and gutters. The Public Works Advisory Committee voted unanimously to delete Preston Road from the current curb and gutter project, include Preston Road on the In-Place Pavement Recycling Project and proceed with planning and design efforts for reconstruction of Preston Road south of University Boulevard to St. Andrews. Mayor Pro Tem Roberts moved approval to proceed with planning for the future reconstruction of Preston Road. Councilmember Carter seconded, and the vote was unanimous to reconstruct Preston Road south of University Boulevard to St. Andrews. CONSIDER REPORT REGARDING BUILDING COVERAGE IN SINGLE F AMIL Y ZONING DISTRICTS: The City of University Park has no requirement for building coverage in single family zoning districts. The current impermeable surface regulations, by definition, include all building footprints and solid surface paved areas on a lot or building site. Community Development Manager Harry Persaud made a power point presentation based on the permits issued this year. Options for council's consideration were to consider adopting new regulations to address building coverage as a percentage of lot area in the single family zoning districts or consider possible changes to the existing side yard setback requirements in order to reduce the size of the building footprint. Councilmember Walker requested more information on historical structures in the city and also felt that some of the cities used for comparison were too new. She would like to know more about the coverage that older homes have and make a comparison between old and new homes. Mr. Persaud will make another presentation on October 17. CONSIDER CONCEPT DESIGN ALONG PARKWAY AT LOVERS LANE AT SNIDER PLAZA AND PARK SITES AT HILLCREST AND LOVERS LANE: Dennis Sims, of the architectural firm of Dunkin, Sims and Stoffels, presented concept landscape plans along the parkway at Lovers Lane @ Snider Plaza and two park sites at Hillcrest and Lovers Lane. The council requested a more detailed and simplistic concept and also a budget at a future meeting. CONSIDER EVALUATION OF BRIDGE AND CREEK WALL RAILING SYSTEM ALONG UNIVERSITY BOULEVARD BRIDGE AND CITY HALL CULVERT: The railing system will also be used on top of the newly-constructed channel retaining walls located along the Turtle Creek corridor just south of Vassar Road. City Council approved a design with mesh fencing. CONSIDER INTERLOCAL AGREEMENT WITH CITY OF COPPELL FOR ASSISTANCE TO HURRICANE KATRINA EVACUEES: Since University Park has few facilities which can be used for long term housing of evacuees, the mayor and council previously discussed providing up to $100,000 in assistance to an area city with facilities. The city was contacted by the City of Coppell, when they were in the process of renting approximately 10-15 apartments. With the funds the city provided, the number of apartments was increased to 20-25. Funds that University Park and Coppell contribute will be earmarked for rent, utilities and six-month leases. Families are being screened through MetroCrest Social Services for eligibility and background. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 4th day of October 2005. James H. Holmes III, Mayor ATTEST: Nina Wilson, City Secretary 19 AGENDA MEMO (10/04/2005 AGENDA) DATE: October 4, 2005 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Ordinance Amending the Definition of Real Estate Signs Background/Analysis The current definition of real estate sign provides a description of specific information which may be posted on "For Sale", "For Lease" and "For Rent" signs within the City as follows: "A description of the premises offered for sale, lease, or rent; special facilities or appurtenances; and the name, address and telephone number of the owner, broker, or other person offering the same for sale, lease, or rent. The sign may include information with respect to the availability of special financing" However, realtors have been posting additional information on these signs relating to the status of the sale, such as "Sold" and "Contract Pending". This additional information is usually added in the form of a hanger or rider which increases the size and height of the sign. The amended definition is intended to clarifY the sign ordinance by including the status of the sale in the description. Recommendation Staff recommends approval. Attachments: Ordinance amending Chapter 12 "Sign Regulations" 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:IDocuments and SettingslnwilsonlLocal SettingslTemporary Internet FileslOLK311SignOct4 (2).doc 9:32 AM 09/26/05 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, SIGN REGULATIONS, BY AMENDING SECTION 12.202 TO AMEND THE DEFINITION OF REAL ESTATE SIGN; 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 12, Article 12.200, Section 12.202, of the Code of Ordinances, City of University Park, Texas, is hereby amended in part to add the following: "Sec. 12.202 Defmitions (22) Real Estate Sign(such as a "For Sale," "For Lease," "For Rent," Sign). Shall mean a sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, for lease, or for rent, and containing any of the following information: a description of the premises offered for sale, lease, or rent; special facilities or appurtenances; and, the name, address, and telephone number of the owner, broker, or other person offering the same for sale, lease, or rent. The sign may include information with respect to the availability of special financing and the status of the sale of the subject property, such as "sold" or "contract pending". SECTION 2. 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. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:IDocuments and SettingslnwilsonlLocal SettingslTemporary Internet FileslOLK311SignOct4 (2).doc 9:32 AM 09/26/05 SECTION 4. Any person, firm or corporation 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 punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day any such violation 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. DUL Y PASSED by the City Council of the City of University Park, Texas, on the 4th day of October 2005. APPROVED: JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY (RLD/09-15-05) NINA WILSON, CITY SECRETARY 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:IDocuments and SettingslnwilsonlLocal SettingslTemporary Internet FileslOLK311SignOct4 (2).doc 9:32 AM 09/26/05 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, SIGN REGULATIONS, BY AMENDING SECTION 12.202 TO AMEND THE DEFINITION OF REAL ESTATE SIGN; 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. DUL Y PASSED by the City Council of the City of University Park, Texas, on the 4th day of October 2005. APPROVED: MAYOR ATTEST: CITY SECRETARY 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:IDocuments and SettingslnwilsonlLocal SettingslTemporary Internet FileslOLK311SignOct4 (2).doc 9:32 AM 09/26/05 19 AGENDA MEMO (10/04/2005 AGENDA) DATE: September 29, 2005 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: City Entrance Marker Program BACKGROUND: Staff is currently investigating a "City Entrance Marker Program" to support the "Main Gateway Entrance Program" by proposing the concept of installing visual markers at University Park secondary street entrances into our city. Program Goals: . Introduce a unique feature to our community's landscape. . Provide a unique visual theme to residents and visitors entering and leaving our community. . Provide visual aesthetics at city entrances that due to size and location will not accommodate a large entrance sign and botanical planting beds. Staff plans to provide City Council with a brief presentation regarding the program concept during the 10/04/05 City Council meeting. Staff is planning to request direction from City Council regarding whether or not to proceed with obtaining a proposal from an architectural firm to develop the program. Staff has reviewed the City Entrance Marker Program with the Park Advisory Board and the Board has requested staff to take this item to City Council for consideration. RECOMMENDATION: Staff is requesting City Council provide direction to staff whether or not this type of program should be developed. ATTACHMENTS: City Entrance Marker Examples 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\city marker program. doc 10:20 AM 09/2 19 AGENDA MEMO (10/04/05 AGENDA) DATE: September 29,2005 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: No Parking: 6600 Block of Airline ITEM: City staff is requesting no parking along the entire east side of Airline from Daniel north to Rosedale. The 6600 block of Airline currently has no parking restrictions, with the exception of two parking spaces mid-block. Staff is attempting to eliminate the two spaces for enforcement consistency. RECOMMENDA TION: Staff recommends approval of the no parking restrictions along Airline Street. ATTACHMENTS: Ordinance 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\No Parking Airline Agenda Memo.doc 9:36 AM 09/29 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF THE 6600 BLOCK OF AIRLINE AS 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. It shall be unlawful and an offense for any person to leave, stand, or park a motor vehicle at any time on the east side of the 6600 block of Airline in the area depicted in Exhibit "A" attached hereto and made a part hereof. SECTION 2. 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. 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. The parking 77929 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. DUL Y PASSED by the City Council of the City of University Park, Texas, on the 4th day of October 2005. APPROVED: JAMES H. HOLMES III, MAYOR ATTEST: NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLDmew/77929 (9/29/05) 77929 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF THE 6600 BLOCK OF AIRLINE AS 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. DUL Y PASSED by the City Council of the City of University Park, Texas, on the 4th day of October 2005. APPROVED: MAYOR ATTEST: CITY SECRETARY 77929 EXHIBIT A University Park - 6600 Block Airline c 19 BOARD OF ADJUSTMENT MINUTES AUGUST 22, 2005 The Board of Adjustment of the City of University Park met on Monday, August 22,2005 at 5:00 P.M. in the Council Chambers of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Jerry Grable - Chairman Roy Kull - Secretary William Hitzelberger, III Steve Metzger Jim Lake Harry Persaud - Bldg. & Zoning Administrator Jennifer Deaver - Administrative Secretary David Dodd - City Attorney Seated & Excused: Bill Lang Beth Dargene Lon Houseman Mr. Grable opened the public hearing and introduced the commission members. Mr. Grable read the charge of the Board of Adjustment and asked that all those that would be speaking to please stand to be sworn in. Mr. Grable read the specifics of the first case. B.O.A. 08-02 - Michael and Deana Dzurik, representing the owner of the property at 2828 Stanford, requesting a variance to Section 8-806(2)(a) of the University Park Zoning Ordinance to allow the construction of a fence and retaining wall in excess of the maximum allowable of eight (8) feet On a comer lot. The applicant is proposing to construct an 8' 3" fence On top of a 4' -3" stone retaining wall, for a total of 12' -6" along a side street. Mr. Michael Dzurick, resident/owner of 4145 Shenandoah, made a brief statement describing his intentions. He would like to construct a four foot three inch (4'3") retaining wall beneath an eight foot three inch (8'3") fence to reach a height of twelve feet six inches (12'6"). He needs variance granted due to yard being sloped, and with owners desire to install a swimming pool, this will keep traffic from Boedecker out of view from the backyard. Mr. Metzger inquired what the hardship is that requires a twelve foot fence. Board of Adjustment Minutes 08/22/05 Page 2 of 4 Mr. Dzurick described that, without the retaining wall, the sloping yard would pose a threat of soil washing off of the lot and erosion would occur, and with a pool in the yard traffic was an issue. Mr. Metzger stated that slopes were not high enough to need a 12' fence and that the traffic on Boedecker will not pose a problem being that buses do not take that route any longer, and expressed that the neighbors would not like to see a twelve wall. Mr. Metzger stated that a 6' fence with a 4' retaining wall, totaling a maximum of 10 feet would be enough height to prevent any of the hardships noted. A discussion ensued regarding the proposed stone wall coming down to 3' at the south end of the pool and if the finished grade was near the bottom two steps. Mr. Grable inquired if there was any favoring /opposing correspondence. Mr. Persaud noted no correspondence had been received in regards to the variance request. Mr. Grable closed the public hearing. Mr. Metzger motioned to deny the request as made but to approve a maximum height of 10 feet from the lowest point of the sidewalk On the property to include and contain within such 10 feet any retaining wall and fencing above the retaining wall, including all caps On columns. Mr. Grable asked for a motion, with a second from Mr. Lake. The motion was approved unanimously 5-0. Mr. Grable read the specifics of the second case. B.O.A. 08-03 - Jerry Stark, representing the oWner of the property situated at 3704 Caruth, requesting two separate variances to Section 9-602 (1) of the University Park Zoning Ordinance to allow (1) a minimum side yard setback of 6.5 feet On the west property line where a minimum side yard setback of 7 feet is required and (2) the total of the two side yards of 22% of the lot width where a total of 24% is required. Mr. Jerry Stark, representing the property situated at 3704 Caruth, stated that when he first learned of the encroachment on neighboring properties he sent letters to neighbors on each side stating that there was a mistake made and offered to purchase the property. He then informed the city and the buyer. He stated that this was an erroneous mistake on his behalf and his staff. He then stated that the two staff members responsible for the mistakes were under a tremendous amount of stress. Stated there was no survey required prior to remodeling the home and though the setbacks in the rear exceed 26% the lot is appealing and neighbors do not wish to endure another three to six months of construction to the property. To correct the mistake would mean Board of Adjustment Minutes 08/22/05 Page 3 of 4 removing the stone and replacing with vinyl or metal siding which would not be attractive. Mr. Metzger inquired of Mr. Stark about issues of the survey being modified and of the permit fees. He then asked what measures Mr. Stark had taken internally within his organization to ensure that similar matters would not occur in the future recognizing that it was Mr. Stark's name on the application, not One of his employees, and that there were certain implications that attached to his certification on the application. Mr. Stark admitted that to use the modified survey was a dishonest measure on behalf of his designer who chose not to take the time to redraw the plans and this mistake had no benefit. The amended permit amount was due to additional square footage. Mr. Grable inquired what will be the solution if the variance is not granted. Mr. Stark stated that eleven (11') feet of the master bathroom and a great portion of the sunroom addition would have to be removed. He stated that if changes have to be made, the new bathroom would be too small and the sunroom would be nonfunctioning. Mr. John Stevens resident /owner of 3704 Caruth, stated that he was disappointed with the setback errors but felt it was not that much of a difference. (Held a 6" piece of paper to show how little the difference was.) Stated that the Burks family should get to move into the home Mr. Stark had done a beautiful job of remodeling. Mr. Grable asked if there was anyone else who wished to speak. Mr. Tyler Burks, proposed buyer of 3704 Caruth, came forward. Stated that he and his family had been looking for a home for a year when they found this one. Since he didn't learn of the set back errors until after he had sold his previous home, they have been living in an apartment. He was expecting an August 1 closing date and wishes to purchase the home as is. If changes have to be made, the new bathroom would be too small and the sunroom would nonfunctioning and he will not be happy with the home. Mr. Grable inquired if there was any favoring /opposing correspondence Mr. Kull stated there are eleven letters supporting the variance. Mr. Grable closed the public hearing. Board of Adjustment Minutes 08/22/05 Page 4 of 4 Mr. Metzger moved to approve the request on two separate variances (1) a minimum side yard setback of 6.5 feet on the west property line where a minimum side yard setback of 7 feet is required and (2) the total of the two side yards of 22% of the lot width where a total of 24% is required. Mr. Grable asked for a motion, with a second from Mr. Kull, the motion was approved unanimously 5-0. There being no further business before the Commission, Mr. Grable adjourned the meeting. Approved by: Date: u>. ~~~I%:E PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES August 15, 2005 The Planning and Zoning Commission of the City of University Park met on Monday, August 15, 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 H. West - Chairman Bill Foose Randy Biddle Ed Freeman H. Reed Shawver III Absent & Excused Doug Roach J 0 Ann Norton Present & Seated Bea Humann Bud Smallwood - Director of Public Works Lewis Nichols - City Attorney Harry Persaud - Community Dev. Mgr. Jennifer Deaver - Administrative Secretary Mr. West opened the public hearing and introduced the commission members. He then read the specifics of the first case. PZ 08-16 - Analytical Surveys, representing the property owner, for a replat of Lot 1, Block 13 of University Heights, Third Installment, being an Addition of the City of University Park, more commonly known as 3336 Southwestern Blvd. The replat will subdivide the lot into two single family lots located in the SF-2 zoning district classification. Ms. Jennifer Freeman, owner/seller of the property in question, stated that upon learning what was required, she is within the law. Mr. Don Yount, proposed buyer of3336 Southwestern and owner/ resident of3337 Greenbrier, stated that the tax value will rise stated news paper article was wrong that the lot is 140 feet wide not 125 feet and would be split into two 70 feet lots. Mr. Darrell Rice, owner/ resident of3337 Southwestern, stated he has lives in the neighborhood over thirty years and is concerned that this replat would affect the history and architectural aspects of the area. He also asked all of the opposing parties present to stand. (The majority of the room stood) Mr. John Farris, , owner/ resident of 3400 Southwestern, stated that Caruth Park and the surrounding areas are in a high flood ZOne and that the existing drainage system would not be able to handle the addition. Mr. John Stuart, owner/ resident of 3325 Southwestern, stated he opposed to sub dividing because he does not like the thought of zero lot lines, traffic would be an issue with rear entry drives, and that developers sold these lots originally as one 140 foot on each corner of Southwestern Blvd to be anchor lots. He then stated he is opposed to splitting the lot. Mr. Earnest L. Hallman, owner/ resident of3212 Southwestern, stated that he admires the double lots at the end of his block and urged the community to let the lot remain in its current state Mr. Norma Caldwell, owner/ resident of 3330 Southwestern, stated she has owned her property for 43 years and does not like to see the homes jammed together this way. She then urged the committee to leave the lot as is. Mr. John Howard, owner/ resident of 3239 Southwestern, came forward to ask that this lot be left as an anchor lot. Ms. Catherine Ritchie, owner/ resident of 3939 Marquette, stated these lots would soon be filled with "cookie cutter" homes, then, asked that the replat be denied. Ms. Catherine Clinton, owner/ resident of 3320 Greenbrier, read the letter her husband wrote to the commission. Mr. Alan Raynor, owner/ resident of 3237 Southwestern, stated he is afraid that the increase in property owners on this block would hinder the traffic flow for rear entry drives. Ms. Jennifer Freeman, owner/seller of the property in question, stated that her lot would be divided to be the same width in the front as all of the neighbors on this street and wished she had known that everyone was opposed to the replat before the hearing. Mr. West inquired if the replat conformed to city regulations. Mr. Persaud stated yes, the replat conformed to city regulations. Mr. Biddle stated he agrees with the opposing public for reasons of safety and integrity but stated that the community is required to abide by rules, therefore sees no legal reason to deny this request. An unidentified person asked how to change these regulations. Mr. Foose asked Mr. Peraud to explain lot depth requirements Mr. Persaud stated that in order to change any regulations their concerns should be taken to the city council. He then explained zoning rules. Mr. West inquired if the replat conformed to city regulations. Mr. Persaud stated yes, the replat conformed to city regulations. Mr. Freeman asked for a motion Mr. West moved to approve the request, with a second from Mr. Foose. The motion was approved unanimously 5-0. Mr. West asked for a motion on the minutes from the July 18, 2005 Planning & Zoning meeting. Mr. Foose moved to approve the minutes, with a second from Mr. Biddle. The motion was approved unanimously 5-0. There being no further business before the Commission, Mr. West adjourned the meeting. Approved by: ~J-!-! ~ Date: J!11/()')- Robert West, Chairman Planning & Zoning Commission