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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