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Home My WebLink About2012.05.01 City Council AgendaCITYOFUNIVERSITYPARK REGULARCITYCOUNCILMEETING LOCATION:CITYHALLCOUNCILCHAMBER AGENDA#2835 MAY1,2012 CALLTOORDER:5:00P.M. 4:00-5:00P.M.WORKSESSIONFORAGENDAREVIEW:CouncilConferenceRoom,2nd Floor,CityHall TOSPEAKONANAGENDAITEM AnyonewishingtoaddresstheCouncilonanyitemm ustfilloutagreen“RequesttoSpeak”formand returnittotheCitySecretary.Whencalledforwar dbytheMayor,beforebeginningtheirremarks,spe akers areaskedtogotothepodiumandstatetheirname andaddressfortherecord. I.CALLTOORDER A.INVOCATION:CouncilmemberTommyStewart B.PLEDGEOFALLEGIANCE:CouncilmemberTommySte wart/BoyScouts C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDav is D.INTRODUCTIONOFSTAFF:DirectorofFinanceKe ntAustin II.AWARDSANDRECOGNITION A.RECOGNITION:ofpromotionofOfficerVictorWi lliamstoSergeant III.CONSENTAGENDA A.CONSIDERANDACT:onarequestbyFriendsoftheLostBoystoconduct a5K benefitrun B.CONSIDERANDACT:onanordinanceamendingtheResidentialParking Districttoincludethenorthsideofthe3600bloc kofMcFarlinBoulevard C.CONSIDERANDACT:onaproposalfromWellsFargoInsuranceServicest o provideconsultingservicesintheamountof$7,950 D.CONSIDERANDACT:onaproposedInterlocalAgreementwiththeCityof Mesquiteforuseoftheircompostingfacility E.CONSIDERANDACT:onaproposalfromC&PEngineeringtoprovidesur veying anddesignservicesassociatedwithwater,sanitary sewer,andpavingimprovementsat certainlocationsintheCity F.CONSIDERANDACT:onminutesoftheApril17,2012CityCouncilMeeting IV.MAINAGENDA A.CONSIDERANDACT:onaresolutionamendingthe MasterFeeSchedule V.PUBLICCOMMENTS Page 1 of 71 AnyonewishingtoaddressanitemnotontheAgenda shoulddosoatthistime.Pleasebe advisedthatundertheTexasOpenMeetingsAct,the Councilcannotdiscussoractatthis meetingonamatterthatisnotlistedontheAgend a.However,inresponsetoaninquiry,a Councilmembermayrespondwithastatementofspec ificfactualinformationora recitationofexistingpolicy.ItistheCouncil’spolicytorequestthatcitizensnotaddress itemsthatarecurrentlyscheduledforafutureage ndaorpublichearing.Instead,theCouncil requeststhatcitizensattendthatspecificmeeting toexpresstheiropinions,orcommentto theCouncilbye-mailatCity-Council@uptexas.orgorletteraddressedtotheMayo rand Councilat3800UniversityBlvd.,UniversityPark,Texas75205.Otherquestionsorprivate commentsfortheCityCouncilorStaffshouldbedi rectedtothatindividualimmediately followingthemeeting. AsauthorizedbySection551.071(2)oftheTexasGo vernmentCode,thismeetingmaybeconvened intoClosedExecutiveSessionforthepurposeofse ekingconfidentiallegaladvicefromtheCity AttorneyonanyAgendaitemslistedherein. Page 2 of 71 AGENDAMEMO (5/1/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:RECOGNITION:ofpromotionofOfficerVictorWilliam stoSergeant BACKGROUND: ChiefAdamsisackowledgingOfficerVictorWilliams promotiontoSergeant Page 3 of 71 AGENDAMEMO (5/1/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:CONSIDERANDACT:onarequestbyFriendsoftheLostBoystoconduct a5K benefitrun BACKGROUND: AttheApril17CityCouncilMeeting,arequestfro mFriendsoftheLostBoysofSudantoconducta 5kraceoncertaincitystreetswaspresentedtoth eCouncil.Duringtheworksessionofthatmeeting , therewassomediscussionaboutchangingthereques tedstarttimeforthe5kracefromearlyevening tomid-morningonThursday,May31toaddresstrafficand pedestriansafetyconcerns.Consideration oftherequestwastabledtoallowChiefAdamstore ceivemoreinformationfromtherace coordinator,UniversityParkresidentDawnWest.T hePoliceDepartmenthasnowdeterminedthat theoriginal6:30p.m.starttimeshouldnotpresen tgreattraffichardshipsandrecommendsthe Councilapprovetherequest. TheracewillincludesomestreetsinUniversityPa rkandsomestreetswithintheSMUcampus.The eventisscheduledforThursday,May31,2012at6 :30p.m.andisanticipatedtoconcludeby8:30 p.m.Amapoftheracerouteisattachedforrevie w. RECOMMENDATION: StaffrequestsCouncilapprovalofthisrequest. ATTACHMENTS: LetterRequestingRaceApproval RaceRoute Page 4 of 71 Friends of the Lost Boys, DFW April 11, 2012 University Park City Council University Park, Texas 75205 Dear Council Members, Friends of the Lost Boys, DFW on donations to help the “Lost B college, as well as emergency first 5K for a major fundraising e 2012. There is a map attached and Luke’s Locker. There are m because of the current and upco with SMU several times as well race. We have all of the signatures of University Park to please revi course that we have laid out. We are estimating 200 - 300 run and to be available to help wher to hire off duty University Park P We are hoping that this race wil Friends of the Lost Boys, DFW and 100% of our money raised Thank you for your time and con me at 214-520-0980. Sincerely, Dawn West Barnett President, Friends of the Lost B www.friendslos DFW is a 501c3 nonprofit organization which dep Lost Boys of Sudan”. We help pay for tuition and ency medical bills, rent and food. We would like to ising event. Our event is scheduled for Thursday ched to show the course that we have worked ou are many considerations for the course to take in d upcoming construction of the Bush Library. We s well as Luke’s Locker representative to map ou res necessary from SMU. We are requesting the e review the information and grant us permission 00 runners. We will have 50 - 75 volunteers direc wherever needed. We understand that it may be Park Police Officers also. ce will be a huge success and a major fundraiser DFW this year. We are a completely volunteer org aised will benefit the Lost Boys in the Dallas, Ft. W nd consideration. If you have any questions, plea Lost Boys, DFW ndslostboys.org h depends solely n and book fees for like to have our rsday May 31, ed out with SMU take into account y. We have met ap out a doable 5K ng the City Council ission for the directing traffic ay be necessary raiser for the eer organization , Ft. Worth area. , please contact Page 5 of 71 Page 6 of 71 AGENDAMEMO (5/1/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:CONSIDERANDACT:onanordinanceamendingtheResidentialParking Districttoincludethenorthsideofthe3600bloc kofMcFarlinBoulevard BACKGROUND: Severalresidentsofthenorthsideofthe3600blo ckofMcFarlinBoulevardrequestedthatblockbe includedintheResidentialParkingDistrict.Publ icWorksstaffdistributedandcollectedthe petitions.Resultsshowresidentsofsevenofthe twelvehomesonthenorthsideofthe3600block ofMcFarlinBoulevardwishtobeincludedinthedi strict.This58.3%tallymeetstheCity's requirementforapetitiontobeconsidered. RECOMMENDATION: Staffhasnoobjectionstothenorthsideofthe36 00blockofMcFarlinbeingincludedinthe ResidentialParkingDistrict. ATTACHMENTS: PetitionforInclusioninResidentialParkingDistr ict ResidentialParkingDistrictUpdate Page 7 of 71 Page 8 of 71 Page 9 of 71 Page 10 of 71 Page 11 of 71 Jodie Ledat From:Raquel Ibarra [ibarra@IBARRAengineers.com] Sent:Tuesday, April 10, 2012 2:29 PM To:Jodie Ledat Subject:Re: 3600 McFarlin - Residential Parking District designation δ/ , /ΖΖ / Ζ/Ω/ δ ⊥ δ //ΖΖ /ΖΖ ΚΩ∆:> ∋∆/δ / Ε ∆&Ζ Ω/ /δ :> Ωτ ηΩ τ Page 12 of 71 Page 13 of 71 Page 14 of 71 Page 15 of 71 Page 16 of 71 Jodie Ledat From:Bud Smallwood Sent:Tuesday, April 17, 2012 9:04 AM To:Jodie Ledat Subject:FW: Petition for 3600 McFarlin for Residential Parking %ΞΓ%ΞΓ%ΞΓ%ΞΓ ∗ΗΘΗ5%ΞΓ6Π∆ΟΟΖΡΡΓ3(∗ΗΘΗ5%ΞΓ6Π∆ΟΟΖΡΡΓ3(∗ΗΘΗ5%ΞΓ6Π∆ΟΟΖΡΡΓ3(∗ΗΘΗ5%ΞΓ6Π∆ΟΟΖΡΡΓ3( ∋ΛΥΗΦΩΡΥΡΙ3ΞΕΟΛΦ:ΡΥΝς∋ΛΥΗΦΩΡΥΡΙ3ΞΕΟΛΦ:ΡΥΝς∋ΛΥΗΦΩΡΥΡΙ3ΞΕΟΛΦ:ΡΥΝς∋ΛΥΗΦΩΡΥΡΙ3ΞΕΟΛΦ:ΡΥΝς &,7<2)81,9(56,7<3∃5.&,7<2)81,9(56,7<3∃5.&,7<2)81,9(56,7<3∃5.&,7<2)81,9(56,7<3∃5. &ΛΩ∴+∆ΟΟ&ΛΩ∴+∆ΟΟ&ΛΩ∴+∆ΟΟ&ΛΩ∴+∆ΟΟ 8ΘΛΨΗΥςΛΩ∴%ΟΨΓ8ΘΛΨΗΥςΛΩ∴%ΟΨΓ8ΘΛΨΗΥςΛΩ∴%ΟΨΓ8ΘΛΨΗΥςΛΩ∴%ΟΨΓ 8ΘΛΨΗΥςΛΩ∴3∆ΥΝ7;8ΘΛΨΗΥςΛΩ∴3∆ΥΝ7;8ΘΛΨΗΥςΛΩ∴3∆ΥΝ7;8ΘΛΨΗΥςΛΩ∴3∆ΥΝ7; ∋ΛΥΗΦΩ3ΚΡΘΗ∋ΛΥΗΦΩ3ΚΡΘΗ∋ΛΥΗΦΩ3ΚΡΘΗ∋ΛΥΗΦΩ3ΚΡΘΗ ((((0∆ΛΟ0∆ΛΟ0∆ΛΟ0∆ΛΟ ΕςΠ∆ΟΟΖΡΡΓ#ΞΣΩΗ[∆ςΡΥϑΕςΠ∆ΟΟΖΡΡΓ#ΞΣΩΗ[∆ςΡΥϑΕςΠ∆ΟΟΖΡΡΓ#ΞΣΩΗ[∆ςΡΥϑΕςΠ∆ΟΟΖΡΡΓ#ΞΣΩΗ[∆ςΡΥϑ )ΥΡΠ /Λ]6ΣΗΦΩΡΥ 6ΗΘΩ0ΡΘΓ∆∴∃ΣΥΛΟ30 7Ρ %ΡΕ%ΗϑΗΥΩ%ΡΕ&Ο∆ΥΝ∋ΛΦΝ∋∆ΨΛς∋ΛΦΝ∋∆Ψ ΛςΚΡΠΗ−ΗΥΥ∴∗Υ∆ΕΟΗ7ΡΠΠ∴6ΩΗΖ∆ΥΩ &Φ %ΞΓ6Π∆ΟΟΖΡΡΓ∗∆Υ∴∃Γ∆Πς 6ΞΕΜΗΦΩ):3ΗΩΛΩΛΡΘΙΡΥ0Φ)∆ΥΟΛΘΙΡΥ5ΗςΛΓΗΘΩΛ∆Ο3∆Υ ΝΛΘϑ )ΥΡΠ .ΥΛςΩΛ:ΗΩΚΗΥΛΘϑΩΡΘ>Π∆ΛΟΩΡΝΣΖ#Φ∆ΣΛςΦΡΠ ≅ 6ΗΘΩ0ΡΘΓ∆∴∃ΣΥΛΟ30 7Ρ &ΛΩ∴&ΡΞΘΦΛΟ 6ΞΕΜΗΦΩ3ΗΩΛΩΛΡΘΙΡΥ0Φ)∆ΥΟΛΘΙΡΥ5ΗςΛΓΗΘΩΛ∆Ο3∆ΥΝΛΘϑ ηΩ //∆&Κ ∆&/∆/ τ / //∆⊥/ δ /∆ / Page 17 of 71 /& τ⊥∆η ∋ / /δ /ηΩ /δ δ <τ ∆& Kristi Wetherington, President/CEO Capital Institutional Services, Inc. 1601 Elm Street, Suite 3900, Dallas, TX 75201 Phone: 214-978-4783 • Fax: 214-953-6220 www.capis.com • 800.247.6729 Member: NYSE, FINRA, SIPC Technology makes it work. People make it happen. This communication is for informational purposes only. It is not intended as an offer or solicitation for the purchase or sale of any financial instrument or as an official confirmation of any transaction, unless specifically agreed otherwise. All market prices, data or other information are not warranted as to completeness or accuracy and are subject to change without notice. Any comments or statements made herein do not necessarily reflect the views or opinions of Capital Institutional Services, Inc. (CAPIS). CAPIS accepts no liability for any errors or omissions arising as a result of transmission. Use of this communication by other than the intended recipients is prohibited. Page 18 of 71 Page 19 of 71 Page 20 of 71 Page 21 of 71 55159 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, TRAFFIC CONTROL, BY AMENDING SECTION 12.05.042 (a) TO PROVIDE FOR DESIGNATION OF A RESIDENT-PARKING-ONLY ZONE ON THE NORTH SIDE OF THE 3600 BLOCK OF MC FARLIN BOULEVARD; 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 AND FOR THE ERECTION OF SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 12, Article 12.05 “Parking”, Section 12.05.042 (a), of the Code of Ordinances, City of University Park, Texas, is hereby amended in part to designate an additional resident-parking-only zone and to delete a portion of an existing zone, as follows: "Sec. 12.05.042 Zones Designated; issuance of permits (a) The following are designated as resident-parking-only zones, to wit: … (18) The 2800-3000 blocks, 3400 block, the north side of the 3500 block, and the north side of the 3600 block of McFarlin Blvd.; …” SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. 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 Page 22 of 71 55159 remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. 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 two hundred dollars ($200.00) for each offense. SECTION 6. That this ordinance shall take effect immediately from and after the publication of the caption, as the law and Charter in such cases provide, subject to the erection of appropriate signs giving notice of the resident-parking-only zone provided for herein. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of May 2012. APPROVED: ______________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ________________________ _________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY (RLD/4-25-12/55159) Page 23 of 71 55159 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, TRAFFIC CONTROL, BY AMENDING SECTION 12.05.042 (a) TO PROVIDE FOR DESIGNATION OF A RESIDENT-PARKING-ONLY ZONE ON THE NORTH SIDE OF THE 3600 BLOCK OF MC FARLIN BOULEVARD; 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 AND FOR THE ERECTION OF SIGNS. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of May 2012. APPROVED: ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY Page 24 of 71 AGENDAMEMO (5/1/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:LuanneHanford SUBJECT:CONSIDERANDACT:onaproposalfromWellsFargoInsuranceServicest o provideconsultingservicesintheamountof$7,950 BACKGROUND: Atourpastseveralmeetings,theProperty,Casualt y,&LiabilityInsuranceCommitteehasdiscussed theneedtoevaluatetheCity'sinsuranceprogram.Thecommitteewantstodoits"duediligence"to ensurethattheCityisusingthemostcost-effecti vedeductibles,thatthecurrentlimitsareappropr iate fortheCity'srisks,thatthepremiumstheCitypa ysarecost-effectiveinthecurrentinsurancemark et, andthattherearenogapsincoverage.Thecommit teemembersdiscussedhavingaconsultantwith publicentityexperienceperformthisevaluation. AttheirApril17,2012meeting,thecommitteelist enedtothreepresentationsfrombrokerswith publicentityexperience.Followingthepresentati ons,thecommitteemembersrecommendWells FargoInsuranceServicesbecauseoftheirextensive publicentityexperienceandattractivepricing. RECOMMENDATION: TheProperty,Casualty&LiabilityInsuranceCommit teeandstaffrecommendapprovalofthe proposalforinsuranceconsultingservicesfromWel lsFargoInsuranceServicesintheamountof $7,950. FUNDINGSOURCE: FundsareavailableintheSelf-InsuranceFund. Page 25 of 71 AGENDAMEMO (5/1/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:JacobSpeer,AssistantDirectorofPublicWorks SUBJECT:CONSIDERANDACT:onaproposedInterlocalAgreementwiththeCityof Mesquiteforuseoftheircompostingfacility BACKGROUND: TheCitycurrentlydisposesofallyardwasteandb rushattheCityofMesquite’scomposting facility.OurcurrentagreementwithMesquitefort heuseofthatfacilityhasexpired.TheCity recentlysolicitedquotesfromprivatecompaniesfo rdisposalofourmaterialattheirfacilities.Th e priceproposedbytheCityofMesquitewasthelowe stwereceived.Mesquitehasproposedanew agreementtoextendouruseofthecompostingfacil ityforanother3years.Thepricepercubicyard ofmaterialhasbeenreducedfrom$2.90to$2.25. RECOMMENDATION: Staffrecommendsapprovaloftheattachedinterloca lagreementwiththeCityofMesquitefortheuse oftheircompostingfacility. FUNDINGSOURCE: SanitationOperatingBudget ATTACHMENTS: ProposedInterlocalAgreement Page 26 of 71 1 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § INTERLOCAL AGREEMENT FOR USE OF MUNICIPAL COMPOSTING FACILITY THIS INTERLOCAL AGREEMENT, executed by and between the City of University Park (“University Park”) and the City of Mesquite (“Mesquite”), municipal corporations and home-rule cities located in Dallas County, Texas, acting by and through their respective City Councils, evidences the following: WHEREAS, Mesquite operates a municipal composting facility (the “Facility”) within it’s city limits for the purpose of chipping, mulching, and composting of organic landscape materials for the use by Mesquite and its residents; and WHEREAS, Mesquite’s Facility is capable of handling a greater volume of such materials than is presently being handled; and WHEREAS, University Park desires to utilize Mesquite’s Facility on an “as needed” basis for the purpose of disposing all such materials collected within its city limits; and WHEREAS, Mesquite is willing to dispose for University Park all such materials hauled by University Park to Mesquite’s Facility for a predetermined cost; and WHEREAS, V.T.C.A., Government Code, Section 791.001 et seq., allows an interlocal agreement between University Park and Mesquite for these purposes. NOW THEREFORE, in consideration of the foregoing and further consideration of the mutual promises, covenants and conditions herein, the parties hereby agree as follows: I. University Park will have access to Mesquite’s Facility for a period of three (3) years for disposal, on an “as needed” basis, of organic landscape materials suitable for composting which has been collected by University Park and hauled to said Facility, subject to the conditions hereinafter set forth. II. University Park agrees to deliver such materials to the Facility in a manner satisfactory to Mesquite, which will allow for measurement in cubic yards, as the rates will be based on the total volume of cubic yards delivered. University Park further agrees to provide Mesquite with an estimate of the projected volume of materials which will be delivered annually by University Park and understands that this estimate shall not be considered by Mesquite to be a guarantee by University Park. University Park agrees and understands that the type of materials received Page 27 of 71 2 at the Facility must be acceptable to Mesquite and that Mesquite reserves the right to reject any and all materials that Facility operating personnel determine is not suitable for composting purposes. University Park also agrees to obey all Facility operating rules and applicable ordinances and to discharge its loads at the location or locations designated by Facility operating personnel, during normal operating hours. III. Mesquite agrees to maintain operations of said Facility during the term of this Agreement and any extensions hereof. Mesquite agrees to maintain records of all incoming loads of materials delivered by University Park and to bill University Park monthly for the services provided by Mesquite hereunder. The driver of each truck shall be required to sign the incoming log record upon entering the Facility. In the event that a truck should become stuck at the Facility, Mesquite, upon request, shall endeavor to assist such driver to free its truck; provided however, Mesquite shall not be held liable or accountable for any injury or damage whatsoever to persons employed by University Park which may occur as a result of such truck being stuck therein, except for an injury or damage resulting from the willful or negligent act of a Mesquite employee. IV. As consideration for University Park’s use of the Facility and so long as such use is available, University Park agrees to pay to Mesquite, within fifteen (15) days after the receipt of the monthly bill, a user fee of $2.25 per cubic yard of unchipped materials and $1.50 per cubic yard of pre-chipped materials. University Park understands and agrees that at the end of each one (1) year period, the established user fee may be adjusted upward by the percentage increase of the United States Department of Labor, Bureau of Statistics, Washington D.C., Consumer Price Index for all Urban Consumers, Dallas, Texas. No downward adjustment will be made regardless of a decrease in said Consumer Price Index. Additionally University Park agrees to pay any increase in the user fee that may occur as a result of outside regulatory charges or additional fee assessments applicable to all like users. V. Processed organic landscape materials produced at the Facility shall become the exclusive and sole property of Mesquite and shall be used, distributed, and/or sold as deemed appropriate by, and within the discretion of, Mesquite. A limited quantity of processed materials may be available to University Park for purchase on a first-come, first-serve basis at rates established by Mesquite, however, the availability of such materials is not guaranteed or assured. Furthermore, with respect to such materials, Mesquite does not make any representations, warranties, or guarantees, express or implied, including without limitation any warranties of merchantability or fitness for intended use and any such materials shall be sold “as is” and without warranty. In order to make such materials available to as many as possible, Mesquite may place a limit on the total amount available to University Park. Page 28 of 71 3 VI. The term of this Agreement shall be for a period of three (3) years, commencing May 22, 2012 and continuing in full force and effect until May 22, 2015 unless this Agreement is sooner terminated pursuant hereto. All notices, communications and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties, and shall not be effective unless and until the other parties hereto are otherwise notified in writing by said party, at the following addresses: Mesquite University Park City of Mesquite City of University Park Attention: Charles Goodson Attention: Bud Smallwood Manager of Solid Waste Division Public Works Director 1515 North Galloway 3800 University Boulevard Box 850137 University Park, TX 75205-1711 Mesquite, TX 75185-0137 VIII. Each party hereto shall be responsible for its own acts of negligence. Where injury or property damage result from the joint or concurring negligence of the parties, liability, if any, shall be shared by each party on the basis of comparative responsibility in accordance with the applicable laws of the State of Texas, subject to all defenses, including governmental immunity. These provisions are solely for the benefit of the parties hereto and not for the benefit of any person or entity not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law. IX. It is expressly understood and agreed that this Agreement may be terminated at any time by any party upon thirty (30) days written notice with the understanding that Mesquite shall invoice University Park for all services completed and shall be compensated by University Park within thirty (30) days of billing by Mesquite in accordance with the terms of this Agreement. Page 29 of 71 4 X. This Agreement is entered in accordance with and made subject to the provisions of the Charter and Ordinances of Mesquite and University Park, as amended, and all applicable state and federal laws. This Agreement shall be governed by and construed in accordance with the law and court decisions of the State of Texas. The obligations of the parties to this Agreement are performable in Dallas County, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Dallas County, Texas. XI. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. XII. University Park shall not assign this Agreement in whole or in part without the express prior written consent of Mesquite. Approval by Mesquite of one such assignment shall not constitute approval of any other or further assignment of this Agreement. XIII. This Agreement embodies the complete agreement of the parties, superseding all oral or written previous and contemporaneous agreements between the parties and relating to matters in this Agreement, and except as otherwise provided herein, cannot be modified without a duly authorized written supplemental agreement of the parties to be attached to and made a part of this Agreement. Page 30 of 71 5 EXECUTED, in multiple originals, by the parties hereto on the dates indicated below to be effective, however, as of the 22nd day of May 2012. CITY OF MESQUITE CITY OF UNIVERSITY PARK By: _____________________ By: ________________________ John Monaco W. Richard Davis Mayor Mayor Attest: Attest: By: _____________________ By: ________________________ Sonja Land Elizabeth Spector City Secretary City Secretary ________________________ _______________________ Date of Execution Date of Execution Approved as to form: Approved as to form: By: _____________________ By: ______________________ B.J. Smith Robert L. Dillard III City Attorney City Attorney Page 31 of 71 AGENDAMEMO (5/1/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onaproposalfromC&PEngineeringtoprovidesur veying anddesignservicesassociatedwithwater,sanitary sewer,andpavingimprovements atcertainlocationsintheCity BACKGROUND: Replacementofwaterandsanitarysewerinfrastruct ure(commonlyreferredtoas"mile-per-year" projects/MPY)isfundedannuallythroughtheCity 'sCapitalImprovementsFund.TheFY2012CIP providesforthedesignofimprovements(tobecons tructedintheFY2013budget)atthefollowing locations: *Douglas,northfromtheEmerson-Glenwickalley toLoversLane; *Grassmere-Hyeralley,westfromDouglastoLomo Alto; *LomoAlto,northfromGrassmere-HyeralleytoL oversLane; *LoversLane,westfromLomoAltotoLomoAlto; *LomoAlto,northfromLoversLanetotheLovers Lane-Amherstalley; StaffrequestedaproposalfromC&PEngineering,LTDtoprovidethesurveyinganddesignservices fortheproposedprojectbasedontheirexperience withsimilarprojectswiththeCity. RECOMMENDATION: StaffrecommendsCityCouncilapprovaloftheC&P Engineeringproposalintheamountof $120,565andauthorizetheCityManagertoexecute acontract. FUNDINGSOURCE: CAPITALPROJECTSFUND AcctNo42.42.4430 ProjectNo47230.2100 ATTACHMENTS: C-PEngineeringProposal Page 32 of 71 Page 1 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES for UNIVERSITY PARK PROJECT # 47230 THIS AGREEMENT made and entered into on the date last stated below between the City of University Park, hereinafter called “CITY”, acting by and through Bob Livingston, City Manager, duly authorized to act on behalf of the CITY and, C&P Engineering, LTD., hereinafter called “ENGINEER”, acting by and through Michael Cummings, P.E., duly authorized to so act on behalf of the ENGINEER. WHEREAS, the CITY desires PROFESSIONAL engineering/surveying services in connection with the design of pavement and utility replacement in the locations as follows: o 8” Water Line in Douglas from the Emerson / Glenwick Alley North to Lovers Lane o 12” Sanitary Sewer Line in Douglas from the Emerson / Glenwick Alley North to the Grassmere / Hyer Alley o 12” Sanitary Sewer Line and 8” Water Line in the Grassmere / Hyer Alley from Douglas to Loma Alto o 12” Sanitary Sewer Line in Lomo Alto from the Grassmere / Hyer Alley North to Lovers Lane, continuing West on Lovers Lane to Lomo Alto and North to the Amherst / Lovers Alley for the City of University Park, hereinafter called “the PROJECT”; and WHEREAS, the CITY has determined that the ENGINEER has experience in the area involved in the Project and is qualified to perform the work, and the ENGINEER is willing to enter into a contract with the CITY to perform the engineering services desired by the CITY in connection with the PROJECT. THE CITY AND ENGINEER AGREE AS FOLLOWS: The CITY hereby retains the ENGINEER to perform engineering services in connection with the PROJECT described above. 1. SCOPE OF SERVICES The scope of Engineering/Surveying services to be performed by the ENGINEER shall be as follows: Page 33 of 71 Page 2 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc 1.1 Approach to Project Survey and prepare engineering plans and construction takeoff for the design of pavement and utility replacement in the locations as follows: o 8” Water Line in Douglas from the Emerson / Glenwick Alley North to Lovers Lane o 12” Sanitary Sewer Line in Douglas from the Emerson / Glenwick Alley North to the Grassmere / Hyer Alley o 12” Sanitary Sewer Line and 8” Water Line in the Grassmere / Hyer Alley from Douglas to Lomo Alto o 12” Sanitary Sewer Line in Lomo Alto from the Grassmere / Hyer Alley North to Lovers Lane, continuing West on Lovers Lane to Lomo Alto and North to the Amherst / Lovers Alley 1.2 Detailed Scope of Services Preliminary site investigation Design Survey Locate Existing Utilities (Actual physical location where possible by conventional survey methods but on all else the location will be based on existing plans and information furnished by the City and franchise utilities) Assist City with franchise utility coordination. Engineer Plans for paving and utility improvements as discussed. Preparation of a Quantity Takeoff. Furnish construction controls as required. 2. CITY’S RESPONSIBILITIES So as not to delay the services of ENGINEER, the CITY shall do the following in a timely manner: 2.1 Provide Existing Data City to furnish: Existing engineering plans Property owner information Franchise utility contacts. Existing data delivered to the ENGINEER by the CITY remains the property of the CITY and must be returned to the CITY after completion of the PROJECT. Page 34 of 71 Page 3 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc 2.2 Provide Standards After authorization to proceed, if required by the Scope of Work, provide CITY standard bidding and contract documents which are to be used for public bidding of the PROJECT. The CITY agrees to bear total responsibility for accuracy and content of CITY furnished documents. If required by the Scope of Work, the ENGINEER shall provide all bid item descriptions, item quantities, special provisions, technical specifications, plans and other project specific information that is required for bidding the PROJECT. 2.3 Provide Access Arrange for access to, and make all provisions for, ENGINEER or ENGINEER’S Sub- consultants to perform services under this AGREEMENT. 2.4 City Representative CITY shall designate a representative to act as a contact person on behalf of the CITY. 2.5 Franchise Utilities CITY shall assist in the project coordination with the Franchise Utilities. CITY shall furnish the current list of contacts for all Franchise Utilities. 3. SCHEDULE The ENGINEER’S services shall be performed in a timely manner consistent with sound professional practices. The ENGINEER will complete the work according to the following schedule: Preliminary site investigation 1 Week Design Survey 8 Weeks Engineer Plans for paving and utility improvements 26 Weeks Franchise utility coordination 2 Weeks Preparation of Quantity Takeoff 1 Week Construction Controls Total 38 Weeks The time limit set forth in the schedule does not include allowances for review time by the CITY and/or approval by authorities having jurisdiction over the PROJECT. Any adjustments made to the agreed upon schedule shall be made in writing and acceptable to both parties. The ENGINEER shall begin work within 10 days of receipt of the executed Agreement and written Notice to Proceed. Page 35 of 71 Page 4 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc 3.1 Completion of Services ENGINEER’S services under each item of the finalized Scope of Work shall be considered complete on the date when the submissions for that item have been accepted by CITY. 3.2 Changes If the CITY requests significant modifications or changes in the Scope of Services, general scope, extent or character of the PROJECT, the time of performance of ENGINEER’S services, the various rates of compensation and schedule shall be adjusted equitably. 3.3 Written Authorization for Additional Work Any provision in this Contract notwithstanding, it is specifically understood and agreed that the ENGINEER shall not authorize or undertake any work pursuant to this Contract which would require the payment of any fee, expense or reimbursement in addition to the fees stipulated in Section 4. (Payment for Services) of this Contract, without first having obtained the specific written authority to do so from the CITY. 4. PAYMENT FOR SERVICES 4.1 Terms Terms used in describing the applicable method of payment for services provided by the ENGINEER shall have the meaning indicated below: Basic Engineering Fee: Basic Engineering Fee shall mean those expenses incurred by the ENGINEER in prosecuting the PROJECT Scope of Services. Reimbursable Expenses Reimbursable Expenses shall mean the actual expenses incurred by ENGINEER in the interest of the PROJECT not covered under the Scope of Services, for courier or express mail service and telegrams, reproduction of reports, drawings, specifications, bidding documents, and similar PROJECT-related items in addition to those required under Section I. Page 36 of 71 Page 5 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc Additional Services Additional services not covered under the Scope of Services, will be provided to the CITY on an hourly basis plus reimbursable expenses as agreed in writing at the time such services are authorized. 4.2 Basis and Amount of Compensation for Basic Services Design Survey $ 24,275.00 Engineer Plans for paving and utility improvements $ 85,940.00 Preparation of Quantity Takeoff $ 3,800.00 Construction Controls $ 4,550.00 Prints, plots, deliveries, mileage $ 2,000.00 TOTAL $120,565.00 The total amount of the engineering contract is $120,565.00. 4.3 Basis and Amount of Compensation for Reimbursable Expenses (See attached fee schedule) 4.4 Basis and Amount of Compensation for Additional Services (See attached fee schedule) 4.5 Partial Payments for Services Partial fee payments may be applied for at monthly intervals, based upon statements which reflect the percentage of work completed for the various items listed under Scope of Services, Reimbursable Expenses and Additional Services. These statements shall be prepared by the ENGINEER and must be verified and approved by the CITY. 4.6 Delay If ENGINEER’S design services or service during construction of the PROJECT are delayed or suspended in whole or in part by the CITY for more than one year for reasons beyond ENGINEER’S control the various rates of compensation, including Additional Services, provided for elsewhere in this AGREEMENT shall be subject to equitable adjustment. Page 37 of 71 Page 6 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc 5. TERMINATION, SUSPENSIONS OR ABANDONMENT 5.1 Termination The CITY or the ENGINEER may terminate this AGREEMENT for reasons identified elsewhere in this AGREEMENT. In the event such termination becomes necessary, the party effecting termination shall so notify the other party, and termination will become effective thirty (30) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefore, the CITY shall within thirty (30) calendar days of termination remunerate ENGINEER for services rendered and costs incurred, in accordance with the ENGINEER’S prevailing fee schedule and expense reimbursement policy. Services shall include those rendered up to the time of termination. All plans, field survey, and other data related to the PROJECT shall become the property of CITY upon termination of the AGREEMENT and shall be promptly delivered to the CITY in a reasonably organized form. Should CITY subsequently contract with a new Engineer for continuation of services on the PROJECT, ENGINEER shall cooperate in providing information. No amount shall be due for lost or anticipated profits. 5.2 Suspension If the Project is suspended by the CITY for more than 30 consecutive days, the ENGINEER shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the ENGINEER’S compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the ENGINEER’S services. 5.3 Abandonment This Agreement may be terminated by the City upon not less than seven (7) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the Project is abandoned by the CITY for more than ninety (90) consecutive days, the ENGINEER or the CITY may terminate this Agreement by giving written notice. 5.4 Failure to Pay Failure of the CITY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. If the CITY fails to make payment to ENGINEER within thirty (30) days of a statement for services properly performed, the ENGINEER may, upon fourteen (14) days written notice to the CITY, suspend performance of services under this Agreement. Unless ENGINEER receives payment in full within fourteen (14) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services under this section, the ENGINEER shall have no liability to the CITY for delay Page 38 of 71 Page 7 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc or damage caused the CITY because of such suspension of services. 6. GENERAL CONSIDERATIONS 6.1 Professional Standards Services performed by the ENGINEER under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. The ENGINEER shall comply with the applicable laws and rules of the current “Texas Engineering Practice Act”, the “Professional Land Surveying Practices Act” and the “Texas Board of Professional Land Surveying General Rules of Procedures and Practices”. The CITY’S approval, acceptance, use of or payment for all or any part of the ENGINEER’S services herein under or of the project itself shall in no way alter the ENGINEER’S obligations of the CITY’S rights thereunder. 6.2 Progress and Performance The provisions of this Contract and the compensation to ENGINEER have been agreed to in anticipation of continuous and orderly progress through the completion of the ENGINEER’S services. Time for performance shall be extended to the extent necessary for delays due to circumstances over which the ENGINEER has no control. If the ENGINEER’S services are suspended or delayed the times of performance shall be extended to the extent of such delay or suspension. A delay or suspension shall not terminate this agreement unless ENGINEER elects to terminate in accordance with the provisions of Section V of this Contract. If a delay or suspension extends for a period of greater than one year for reasons beyond the control of the ENGINEER, the fees and rates of compensation set forth in Section IV shall be subject to re-negotiating. 6.3 City Control It is understood and agreed that the CITY shall have complete control of the services to be rendered, and that no work shall be done under this Contract until the ENGINEER is instructed to proceed with the work. 6.4 Independent Agent ENGINEER and CITY agreed that ENGINEER and any officer, employee or agent of ENGINEER, in the performance of this Contract shall act in an independent capacity and not as an officer, agent or employee of the CITY. 6.5 Compliance with Laws ENGINEER shall comply with all Federal, State, and local laws and ordinances in the Page 39 of 71 Page 8 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc execution of all work in connection with this PROJECT. 6.6 No Additional Work Without Authorization Any provision in the contract notwithstanding, it is specifically understood and agreed that the ENGINEER shall not authorize or undertake any work pursuant to this contract, which would require the payment of any fee, expense or reimbursement in addition to the fee stipulated in Article 4 of this Contract, without having first obtained specific written authority therefore from the CITY. 6.7 Assignment & Subcontracting This contract shall not be assigned or subcontracted in whole or part without the written consent of the CITY. 6.8 Indemnification ENGINEER, its officers, agents and employees agree to indemnify, hold harmless, and defend the CITY, at ENGINEER’S cost, its officers, agents, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever kind of character, arising out of or in connection with the performance by the ENGINEER of those services contemplated by the Agreement, based upon negligent acts or omissions of ENGINEER, its officers, agents, employees, consultants and subcontractors, whether or not caused solely by the ENGINEER, its officers, agents, employees, consultants or subcontractors or jointly with any other party. 6.9 Insurance ENGINEER shall secure and maintain insurance that will protect him from claims under the Worker’s Compensation Act (statutory amounts). ENGINEER shall secure and maintain Commercial General Liability Insurance that will protect him from claims for bodily injury, death or property damage which may arise from the performance of his services under this CONTRACT, written on an occurrence basis, in the following amounts: For engineering design contracts in the amount of $10,000.00 or less, insurance in an amount not less than $1,000,000.00 per occurrence and $1,000,000.00 per annual aggregate for bodily injury or death and property damage. ENGINEER shall maintain Comprehensive Automobile Liability Insurance covering all owned, non-owned, and hired vehicles with combined single limit coverage of $500,000 for bodily injury, death or property damage, written on an occurrence basis. For engineering design contracts for more than $10,000.00, insurance in an amount not less than $1,000,00 per occurrence and $2,000,000 annual aggregate for bodily injury or death and property damage. ENGINEER shall Page 40 of 71 Page 9 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc maintain Comprehensive Automobile Liability Insurance covering all owned, non- owned, and hired vehicles with combined single limit coverage of $1,000,000 for bodily injury, death or property damage. ENGINEER shall maintain, at no expense to CITY, a professional liability (errors and omissions) insurance policy placed with a company rated at least A-/VII by Best’s Key Rating Guide, authorized to do business in Texas. This coverage must be maintained for at least two (2) years after the PROJECT is completed. Coverage must be written on an occurrence basis. However, at its sole discretion, the CITY may accept coverage written on a claims-made basis if the policy provides for a retroactive date equivalent to the inception date of the CONTRACT or earlier, maintained during the full term of the CONTRACT. The minimum limits of coverage shall be in the following amounts: For engineering design contracts in the amount of $50,000 or less, insurance in an amount not less than five hundred thousand dollars ($500,000). For engineering design contracts over $50,000, insurance in an amount not less than one million dollars ($1,000,000). All policies, except Worker’s Compensation and Professional Liability, shall name the CITY as additional insured. All policies shall contain a waiver of subrogation in favor of the City and shall require the giving of written notice to CITY at least thirty (30) days prior to cancellation, non-renewal or material modification of any policies, evidenced by return receipt of United States Certified Mail. ENGINEER shall furnish CITY with copies of said policies or certificates evidencing such coverage. 6.10 Property All documents, including drawings, field notes, surveys, tracings, calculations, computer input and output, digital or computer files, etc., prepared by the ENGINEER pursuant to this contract shall become the property of the CITY. The ENGINEER may retain copies of all documents. Any reuse of the documents shall conform to The Texas Engineering Practice Act. 6.11 Governing Law This CONTRACT has been made under and shall be governed by the laws of the State of Texas. The parties agree that the performance and all matters related thereto shall be in Dallas County, Texas. Page 41 of 71 Page 10 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc 7. DOCUMENT EXECUTION IN WITNESS WHEREOF, the parties have executed this Agreement the ________ day of April, 2012. CITY OF UNIVERSITY PARK By: _________________________________ City Manager Attest: __________________________________ City Secretary Approved as to Form: By: __________________________________ City Attorney Or His Designee ENGINEER By: _________________________________ C&P Engineering, LTD. Michael Cummings, P.E. Attest: _________________________________ Secretary If ENGINEER’S firm is a corporation, affix corporate seal. Page 42 of 71 Page 11 C:\Program Files\Neevia.Com\Document Converter\temp\Agenda.2266.1.Contract for Project 47230.doc SCHEDULE OF FEES Engineering/Surveying C & P Engineering, Ltd. SCHEDULE OF FEES SCHEDULE OF FEES Rates per Hour REIMBURSABLES Traffic Engineer $150.00 Plotting: Senior Project Engineer $150.00 Principal/Project Engineer $128.00 Translucent Bond Project Engineer $115.00 24" x 36" Black & White $8.40 Engineer I $100.00 24" x 36" Color $36.00 Engineer II $85.00 11" x 17" Bond - Black & White $0.35 Engineer III $80.00 11" x 17" Bond - Color $1.25 Registered Professional Land Surveyor $110.00 GPS Crew $150.00 Presentation Paper: Direct Cost Plus 15% Sr. Civil/Survey Tech. $90.00 Sr. Civil/Survey Tech. I $85.00 Civil/Survey Technician II $75.00 In-House Printing/Copying: 24" x 36" Blacklines per sheet $4.00 24" x 36" 0.003 Mylar/sheet $18.00 Blackline Multi-Sets/sheet $2.25 Clerical/Administration $50.00 In-House Scanning: $1 per Square Foot Creating PDF FILE $5.00 Per Sheet Burn CD $25.00 MILEAGE Reimbursement to Employees $0.500 Deliveries and Special Printing: Direct Cost Plus 15% Long Distance Telephone Direct Cost Plus 15% Travel Time (Auto) $0.50 per mile Air Travel Direct Reimbursement Page 43 of 71 AGENDAMEMO (5/1/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector,CitySecretary SUBJECT:CONSIDERANDACT:onminutesoftheApril17,2012 CityCouncilMeeting BACKGROUND: MinutesoftheApril17,2012CityCouncilMeeting areincludedfortheCouncil'sapproval. ATTACHMENTS: April17,2012CouncilMeetingMinutes Page 44 of 71 MINUTES AGENDA #2834 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER – CITY HALL TUESDAY, APRIL 17, 2012, 5:00 P.M. 3:30 - 3:50 P.M. UNDER TEXAS GOVERNMENT CODE 551.072, THE COUNCIL CONVENED INTO CLOSED EXECUTIVE SESSION FOR DELIBERATIONS REGARDING PROPOSED SALE OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF LOVERS LANE AND CENTRAL EXPWY. AND THE PURCHASE OF REAL PROPERTY LOCATED ADJACENT TO 2525 UNIVERSITY BLVD. NO ACTION WAS TAKEN. EXECUTIVE CONFERENCE ROOM, 1ST FLOOR, CITY HALL. Present at the Executive Session were Mayor Pro Tem Grable, Councilmembers Bob Begert, Bob Clark and Tommy Stewart, City Attorney Rob Dillard, Director of Finance Kent Austin, Director of Public Works Bud Smallwood, Assistant Director of Public Works Jacob Speer, and City Secretary Liz Spector. Mayor Dick Davis was excused. 4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW COUNCIL CONFERENCE ROOM, 2ND FLOOR, CITY HALL. Staff met to brief the Council on the items on the agenda. Director of Finance Kent Austin reviewed the bid award for utility parts with the Council. He stated the items are parts that are held in inventory by the City’s Warehouse Division for use throughout the year. Chief Adams discussed a request to conduct a 5k run on certain City streets with the Council. He said he had some concerns about traffic and safety issues due to the time of the event. He said the race organizer will be present at the meeting and suggested this item be discussed under the Main Agenda rather than as a Consent Agenda item. Director of Community Development Robbie Corder discussed the proposed amendment to PD-10. He mentioned that the developer requests to reduce the size of the gross floor area of the building nearly by half. Mr. Corder said that although this building is in the City of University Park, it is not in the Highland Park School District so children who reside in the development will have no impact on the district. He also mentioned that P & Z unanimously recommended approval of the PD and stated that the developer will be present for questions during the meeting. The Regular City Council Meeting was called into session at 5:00 p.m. in the Council Chamber at City Hall. Present were Councilmember Stewart, Mayor Pro Tem Grable, Councilmember Clark, and Councilmember Begert. Also in attendance were Acting City Manager Austin, and City Attorney Dillard. Mayor Davis was excused. The Boy Scouts in attendance were: Nathan Smith, Troop 70, working on his Citizenship in the Community merit badge; Adam Hartman, Troop 70, Citizenship in the Community merit I. CALL TO ORDER A. INVOCATION: Director of Information Services Jim Criswell B. PLEDGE OF ALLEGIANCE: Director of Information Services Jim Criswell / Boy Scouts Page 45 of 71 badge; Maxwell McCartin,Troop 70, Citizenship in the Community merit badge; Cade England, Troop 82, Citizenship in the Community merit badge; and, Jack Yates, Troop 82, Citizenship in the Community merit badge. Mayor Pro Tem Grable thanked the scouts for attending the meeting. Mr. Austin introducted staff in attendance as follows: Community Information Officer Steve Mace, Director of Information Services Jim Criswell, Chief of Police Gary Adams, Director of Public Works Bud Smallwood, City Secretary Liz Spector, Director of Community Development Robbie Corder, Director of Parks Gerry Bradley, Assistant to the City Manager George Ertle, Assistant Director of Public Works Jacob Speer, Director of Human Resources Luanne Hanford, and Fire Chief Randy Howell. Councilmember Clark requested to remove Item B, a request from the Friends of the Lost Boys to conduct a 5k race, from the Consent Agenda and consider separately with the Main Agenda items. Approval of this item awards contracts for Bid #12-03 to Aqua Metric, B2O Environmental, HD Supply, Morrison Supply, Municipal Waterworks Supply, and MSC Waterworks in the estimated annual total amount of $441,874.40 for the purchase of utility parts on an annual contract basis. These parts are stocked by the Warehouse for issue to the Utilities Division for the repair and maintenance of the City’s water and wastewater infrastructure. The awards establish a one-year initial contract period with an optional one-year renewal. Councilmember Begert made a motion to approve Consent Agenda items A and C. Councilmember Stewart seconded, and the motion carried unanimously. Director of Community Development Robbie Corder addressed the Council regarding a request to amend the detailed site plan for PD-10, commonly referred to as Johnson Square. He displayed an aerial view of the 2.3 acre site. Mr. Corder mentioned that this site is located in the only portion of University Park east of Central Expressway, and is surrounded by commercial properties. C. INTRODUCTION OF COUNCIL: Mayor Pro Tem Jerry Grable D. INTRODUCTION OF STAFF: Director of Finance Kent Austin II. CONSENT AGENDA A. CONSIDER AND ACT: on award of Bid #12-03, Annual Contract for Utility Parts C. CONSIDER AND ACT: on minutes of the April 3, 2012 City Council Meeting III. MAIN AGENDA A. PUBLIC HEARING: on a request to consider a detailed site plan amending Planned Development District PD-10, to develop the subject site for multi-family, restaurant, retail, office and personal services in a single building with a maximum building height of 80 feet. The subject tract is zoned PD-10 and located on the southeast corner of Fondren Drive and US Highway 75 and situated at 6400 North Central Expressway in the City of University Park, Dallas County, Texas. Page 46 of 71 Mr. Corder said the existing PD-10 allows for a 220 foot multi-story building, with a gross floor area not to exceed 425,000 sf. Mr. Corder said this PD and site plan was approved by the Council in 2008. Mr. Corder said the property owner has submitted a request to modify the PD and site plan. He said they would like to construct a building to include approximately 238 multi-family dwelling units with a maximum height of eighty ft. (80 ft.). He said they plan to include retail and restaurant space for the existing Cafe Brazil and office and leasing space. Mr. Corder said the proposal reduces the gross floor area of the building to 241,000 sf, and sets the highest occupied height at forty-eight feet (48 ft.) Mr. Corder said there are also new setback requirements which are reflected on the site plan. He said the front yard setback along the Central Expressway frontage is twenty feet (20 ft.) for 90% of the frontage, with the remaining frontage having a setback of fifteen feet (15 ft.) to accommodate a small area for the leasing office. He said the building has a twenty foot (20 ft.) setback from the alley, with the eastern portion tapering from twenty-one feet (21 ft.) to seven feet (7 ft.). He said the ground floor set back on Fondren is fourteen feet (14 ft.), with floors two and above having a ten foot (10 ft.) setback. Mr. Corder stated notices were mailed to the nine properties within the 200 ft. buffer and one response was received stating no opposition. He also mentioned that the Planning and Zoning Commission recommended unanimous approval of the amendment at the March 13 public hearing. Councilmember Begert asked about the ratio of multi-family units. Mr. Corder said the developer did not want to include specifics as to how many of each size of multi-family units to allow for some flexibility. He said the maximum number of units is 238. Mr. Corder said the most important detail from a staff perspective is that parking requirements are met. He said the requirement is one parking space per bedroom and this will be verified by staff during the permitting process. There were no more questions or comments and Mayor Pro Tem Grable closed the public hearing. Councilmember Stewart made a motion to approve an ordinance approving a detailed site plan for Planned Development District PD-10. Councilmember Clark seconded, and the motion carried unanimously. Mayor Pro Tem Grable said the Council discussed concerns about safety of the participants and the time of day of the race during the work session. He said it was the opinion of the Council to table consideration of the race request until Chief Adams speaks to the race B. CONSIDER AND ACT: on an ordinance approving a detailed site plan for Planned Development District PD-10 B. CONSIDER AND ACT: on a request by Friends of the Lost Boys to conduct a 5K benefit run Page 47 of 71 organizer further. He said they may consider referring the request to the Public Safety Advisory Committee. Ms. Dawn Barnett, the race organizer and president of the Friends of the Lost Boys Foundation, addressed the Council. She stated 100% of the funds that will be raised from this event go to the Lost Boys and help with community college tuition, and emergency rent and food assistance. She said the foundation also provides the young men with mentors. Mayor Pro Tem Grable said he understands that her organization supports a very good cause, but the Police Chief and Council share concerns about the considerable traffic along University Blvd. during the time of day she plans to hold the race. He says the route maps shows participants will cross University Blvd. at two points during the race. Mayor Pro Tem Grable mentioned that Chief Adams asked if Ms. Barnett would consider changing the time of the race to a mid-morning start. Chief Adams asked Ms. Barnett to meet with him before the next Council Meeting to work out details and said he will present the request to the Council again at the May 1, 2012 City Council Meeting. There were no additional requests to address the Council and Mayor Pro Tem Grable adjourned the meeting. Considered and approved this 1st day of May, 2012. ______________________________ W. Richard Davis, Mayor ATTEST: ____________________________ Elizabeth Spector, City Secretary IV. ITEMS FROM THE FLOOR Page 48 of 71 AGENDAMEMO (5/1/2012AGENDA) TO:HonorableMayorandCityCouncil FROM:KentR.Austin,DirectorofFinance SUBJECT:CONSIDERANDACT:onaresolutionamendingtheMast erFeeSchedule BACKGROUND: TheCity'smasterfeescheduleisincludedasanap pendixtotheCityCode.Thefeeschedulewaslast amendedinDecember2010.Aseriesofchangestot hescheduleisproposedviaresolutiononthe May1,2012,CityCouncilmeetingagenda. Theresolutionincludeshousekeepingchanges,anin creaseinanimalimpoundmentfees,addition ofaninspectionfeeforprivateconstructioninth epublicright-of-way,modificationofswimming poolpartyandswimlessonfees,andadditionofa treeremovalordamagepenalty. Theproposedchangesaresummarizedinthebelowta ble. Feedescription Reasonforchange Feechange A1.002(a)Councilchamber rental Deletesection—removed fromCityCodeinMay 2011 Deletesection A1.002(c)Trainingroom andconferenceroomrental Deletesection—removed fromCityCodeinMay 2011 Deletesection A1.002(d)Rental arrangements Deletesection—removed fromCityCodeinMay 2011 Deletesection NEWA2.016Inspectionof privateconstructionin publicROW Inspectionfeeauthorizedby ordinanceapproved 5/3/2011 New:2%(twopercent)of totalestimatedcostofpublic improvementstobe constructedunderthepermit A2.007Automaticfire- extinguishingsystemand firealarmpermits Smallscaleprojectsresultin feeofonly$10or$15;other areacitieshaveminimum amount Add“$50minimum”to existing1%ofmaterialsand laborvaluationfee A4.001Impoundedvehicles Deleteadminfeeand$10 dailystoragefee—owner paystowingcompany Deletesection Page 49 of 71 directly A4.002Wreckerservice fees Deleterates—ownerpays towingcompanydirectly Deletesection A4.006(a)Impoundment feesforanimals— processingfee Cityusesnewvetclinic locatedfartheraway; increasefeetooffsettime andmileage Increaseprocessing/admin. feefrom$15to$25 A4.006(a)Impoundment feesforanimals— quarantinefee ChangefeetomakeUP comparablewithother clinicsandholdingfacilities Increasequarantinefeefrom $30/dayto$50/dayforall impoundments A4.012Municipalcourt buildingsecurityfee Add“fromadefendant convictedofamisdemeanor offense.” Amountremains$3.00 A4.013Municipalcourt technologyfee Add“fromadefendant convictedofamisdemeanor offense.” Amountremains$4.00 NEWA4.017Firetraining facilityrental Newtrainingtowerand FireBlastburnproptobe usedbyoutsideentities New:$100 --Baserentalrate, facilityonly;3hourminimum (pluschargeforwaterifused) $500—4hours;$1,000—8 hours—baserentalrateforuse offacilityandFireBlastburn prop $150—useofvertical ventilationsimulator Waterusebilledatregular rate Feedescription Reasonforchange Feechange A6.007(b)Swimmingpool birthdayparties Simplifyscheduleand updaterates.Existingrates: $50--1-10persons $60—11-20persons $75—21-30persons $100—31-40persons $125—41-50persons $75—1-25guests $100—26-50guests Poolmanagerdiscretion— over50guests $800—privatepre-season party;schedulingatpark director’sdiscretion A6.007(f)(2)Swimming pool—useofpoolby childrenundersix(6)years ofage Removereferencetoswim classes;increaseprivate lessonfee Increaseprivatelessonfee from$100to$135 NEWA6.008Treeremoval penalty Treeordinanceprovisionfor tree(s)removedordamaged New:$250 —under6inchesin diameter; Page 50 of 71 Supportingmemosfromdepartmentdirectorsorother documentsareattachedforsomeoftheabove items.Alsoattachedisacomparisonofexactfee schedulelanguageunderexistingandproposed conditions. notincludedyetinfee schedule $500--6inchesandlargerin diameter RECOMMENDATION: Citystaffrecommendsapprovaloftheresolutionam endingtheCity'sfeeschedule.Staffwillbe availabletoanswerquestionsorexplainthepropos edchangesfurther. ATTACHMENTS: Comparisonoffeescheduleexistingandproposedla nguage Supportingdocuments--feeschedulechanges05012012 Resolutionamendingfeeschedule Page 51 of 71 1 Existing Article A1.00 Administrative Services Sec. A1.002 Rental of city facilities (a) Council chamber. (1) Community-related groups that serve the youth or elderly shall be allowed the use of the premises for ten dollars ($10.00) daytime use (8:00 a.m. to 5:00 p.m.) and twenty dollars ($20.00) for evening use (5:00 p.m. to 11:00 p.m.). (2) All other groups shall pay twenty-five dollars ($25.00) per daytime use and fifty dollars ($50.00) for evening use. (b) News rack rental fees. Each news rack space provided by the city in Snider Plaza may be rented for $48.00 annually thereafter to the permit holder during the rental term of such space. (c) Training room and conference room. (1) Training room: Two hundred dollars ($200.00). (2) Conference room: One hundred and twenty-five dollars ($125.00). (d) Rental of city facilities shall be arranged with the city secretary. No deposit shall be required, but full payment shall be made prior to the event. Cash or checks only shall be received and must be in the city secretary’s office 24 hours in advance of the event to maintain the reservation. Proposed Sec. A1.002 Rental of city facilities (a) Council chamber. (1) Community-related groups that serve the youth or elderly shall be allowed the use of the premises for ten dollars ($10.00) daytime use (8:00 a.m. to 5:00 p.m.) and twenty dollars ($20.00) for evening use (5:00 p.m. to 11:00 p.m.). (2) All other groups shall pay twenty-five dollars ($25.00) per daytime use and fifty dollars ($50.00) for evening use. (b) News rack rental fees. Each news rack space provided by the city in Snider Plaza may be rented for $48.00 annually thereafter to the permit holder during the rental term of such space. (c) Training room and conference room. (1) Training room: Two hundred dollars ($200.00). (2) Conference room: One hundred and twenty-five dollars ($125.00). (d) Rental of city facilities shall be arranged with the city secretary. No deposit shall be required, but full payment shall be made prior to the event. Cash or checks only shall be received and must be in the city secretary’s office 24 hours in advance of the event to maintain the reservation. Page 52 of 71 2 Existing Article A2.00 Building and Zoning Sec. A2.007 Automatic fire-extinguishing system and fire alarm permits The permit fee for the installation of an automatic fire-extinguishing system or a fire alarm system shall be one percent (1%) of the valuation of the materials and labor involved. Proposed Sec. A2.007 Automatic fire-extinguishing system and fire alarm permits The permit for the installation of an automatic fire-extinguishing system or a fire alarm system shall be one percent (1%) of the valuation of the materials and labor involved, with a minimum fee of fifty dollars ($50.00). Page 53 of 71 3 Existing—None Article A2.00 Building and Zoning ============================================ Proposed Article A2.00 Building and Zoning Sec. A2.016 Inspection fee A fee for the inspection of private improvements being placed in public right-of-way shall be charged in the amount of two percent (2%) of the total estimated cost of the improvements to be constructed under the permit. Page 54 of 71 4 Existing Article A4.00 Public Safety and Judicial Sec. A4.001 Impounded vehicles (a) Actual cost as charged by the designated wrecker service providing the impoundment plus a $20.00 administration fee. (b) For storing a vehicle: $10.00 per vehicle per day. Sec. A4.002 Wrecker service fees (a) A designated wrecker company or another emergency wrecker company authorized by the chief of police to render specific services in a specific emergency shall charge the following fees for towing vehicles with a light-duty wrecker (rates for fractions of an hour are based on quarter- hour increments): (1) Nine dollars ($9.00) per mile for towing a vehicle from a point within the city to another point within the city, to the city pound, or to a point inside the Town of Highland Park. (2) Nine dollars ($9.00) per mile for towing a vehicle from a point within the city to a point inside LBJ Freeway and north of Interstate 30. (3) Nine dollars ($9.00) per mile for towing a vehicle from a point within the city to a point inside LBJ Freeway and south of Interstate 30. (4) Nine dollars ($9.00) per mile for towing a vehicle from a point within Dallas County outside LBJ Freeway and north of Interstate 30. (5) Nine dollars ($9.00) per mile for towing a vehicle from a point within the city to a point within Dallas County outside of LBJ Freeway and south of Interstate 30. (6) Nine dollars ($9.00) per mile for performing a service that does not require that a vehicle be towed, including but not limited to adding fuel, prying a bumper from a tire, or other similar services. (7) Twenty dollars ($20.00) for using dollies or flatbed wreckers in addition to other allowable charges. (8) For towing a vehicle from a point within the city to a point not listed in subsections (1) through (6) of this section, twelve dollars and fifty cents ($12.50) plus one dollar and fifty cents ($1.50) per mile or fraction thereof. (9) Forty dollars ($40.00) per hour of recovery time, such time to begin fifteen (15) minutes after the light-duty wrecker has arrived on the scene, and to end when the vehicle is ready to be towed. Page 55 of 71 5 (b) The rates specified in subsections (1) through (9) in this section, shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge ninety dollars ($90.00) per hour for recovery time, such time to begin when the heavy-duty wrecker arrives on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter-hour increments. (c) In addition to the base rates described above, the city charges a twenty dollar ($20.00) administration fee for any towing-related activity. Proposed Sec. A4.001 Impounded vehicles (a) Actual cost as charged by the designated wrecker service providing the impoundment plus a $20.00 administration fee. (b) For storing a vehicle: $10.00 per vehicle per day. Sec. A4.002 Wrecker service fees (a) A designated wrecker company or another emergency wrecker company authorized by the chief of police to render specific services in a specific emergency shall charge the following fees for towing vehicles with a light-duty wrecker (rates for fractions of an hour are based on quarter- hour increments): (1) Nine dollars ($9.00) per mile for towing a vehicle from a point within the city to another point within the city, to the city pound, or to a point inside the Town of Highland Park. (2) Nine dollars ($9.00) per mile for towing a vehicle from a point within the city to a point inside LBJ Freeway and north of Interstate 30. (3) Nine dollars ($9.00) per mile for towing a vehicle from a point within the city to a point inside LBJ Freeway and south of Interstate 30. (4) Nine dollars ($9.00) per mile for towing a vehicle from a point within Dallas County outside LBJ Freeway and north of Interstate 30. (5) Nine dollars ($9.00) per mile for towing a vehicle from a point within the city to a point within Dallas County outside of LBJ Freeway and south of Interstate 30. (6) Nine dollars ($9.00) per mile for performing a service that does not require that a vehicle be towed, including but not limited to adding fuel, prying a bumper from a tire, or other similar services. (7) Twenty dollars ($20.00) for using dollies or flatbed wreckers in addition to other allowable charges. Page 56 of 71 6 (8) For towing a vehicle from a point within the city to a point not listed in subsections (1) through (6) of this section, twelve dollars and fifty cents ($12.50) plus one dollar and fifty cents ($1.50) per mile or fraction thereof. (9) Forty dollars ($40.00) per hour of recovery time, such time to begin fifteen (15) minutes after the light-duty wrecker has arrived on the scene, and to end when the vehicle is ready to be towed. (b) The rates specified in subsections (1) through (9) in this section, shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge ninety dollars ($90.00) per hour for recovery time, such time to begin when the heavy-duty wrecker arrives on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter-hour increments. (c) In addition to the base rates described above, the city charges a twenty dollar ($20.00) administration fee for any towing-related activity. Page 57 of 71 7 Existing Article A4.00 Public Safety and Judicial Sec. A4.006 Impoundment fees for animals (a) The city shall collect a fee of fifty dollars ($50.00) per day or part of a day for the impoundment of any animal for rabies testing or any other reason, prior to the release of such animal. In addition to the impoundment fee, the city shall collect an additional one-time processing fee of fifteen dollars ($15.00) per animal. If the animal has been impounded for observation for rabies and held for ten (10) days, the city shall collect a fee of three hundred fifteen dollars ($315.00). The city shall collect a fee of thirty dollars ($30.00) per day or part of a day for each day or part of a day that an animal is impounded over ten (10) days. Proposed Sec. A4.006 Impoundment fee for animals (a) The city shall collect a fee of fifty dollars ($50.00) per day or part of a day for the impoundment of any animal for rabies testing or any other reason, prior to the release of such animal. In addition to the impoundment fee, the city shall collect an additional one-time processing fee of twenty-five dollars ($25.00) per animal. Page 58 of 71 8 Existing Article A4.00 Public Safety and Judicial Sec. A4.012 Municipal court building security fee The city shall collect a fee of three dollars ($3.00) as a cost of court. Sec. A4.013 Municipal court technology fee The city shall collect a fee of four dollars ($4.00) as a cost of court. Sec. A4.012 Municipal court building security fee The city shall collect a fee of three dollars ($3.00) from a defendant convicted of a misdemeanor offense as a cost of court. Sec. A4.013 Municipal court technology fee The city shall collect a fee of four dollars ($4.00) from a defendant convicted of a misdemeanor offense as a cost of court. Page 59 of 71 9 Existing—None Article A4.00 Public Safety and Judicial Sec. A4.017 Fire Training facility rental The city shall collect fees for rental of the training tower and FireBlast burn prop to be used by outside entities in the amount of one hundred dollars ($100.00) per hour base rental for the facility only, with a three hour minimum, plus a charge for water if used; a fee of five hundred dollars ($500.00) for four hours and a fee of one thousand dollars ($1,000.00) for eight hours for the facility and the FireBlast burn prop. This includes two fire department personnel, the FireBlast operator and a Safety Officer. Additional staff can be provided for a fee of sixty dollars ($60.00) per hour each. Use of the vertical ventilation simulator will be charged a fee of one hundred fifty dollars ($150.00) and includes up to five 4’x 8’sheets of decking. Outside agencies are required to provide their own instructors. Water usage will be estimated and market rate will apply. Page 60 of 71 10 Existing Article A6.00 Parks and Recreation Section A6.007 Swimming Pool (b) A member of a group defined in subsection (a) above may schedule a birthday party at the pool. Prior to the party, the member shall fill out an application stating the date of the party, time of the party and number attending. Fees for pool parties shall be: Size of party Fee 1–10 persons $50.00 11–20 persons $60.00 21–30 persons $75.00 31–40 persons $100.00 41–50 persons $125.00 . . . (f) Use of pool by children under six (6) years of age. . . . (2) If the parent or guardian desires to enroll such child in one of the swimming instruction classes, a sixty-five dollar ($65.00) fee per child shall be assessed for group lessons and a one hundred dollar fee ($100.00) shall be assessed for private lessons. Proposed Sec. A6.007 Swimming pool ... (b) … Size of party Fee 1-25 $75.00 26-50 $100.00 Over 50 Pool manager discretion Private preseason party $800.00 . . . (f) Use of pool by children under six (6) years of age … (2) A one hundred thirty-five dollar ($135.00) fee shall be assessed for private lessons. Page 61 of 71 11 Existing—None Article A6.00 Parks and Recreation Proposed Sec. A6.008 Tree removal penalty A monetary civil penalty in the amount of five hundred dollars ($500.00) shall be assessed against any person removing or damaging a tree six inches (6”) or more in diameter, or two hundred fifty ($250.00) for a tree less than six inches (6”) in diameter, in violation of the tree preservation ordinance. Page 62 of 71 m- e Agenda Memo Page 1 of 1 TO: AGENDA MEMO 15nnol r AGE~A) Honmble Mayor and City Council FROM: Gene R Smallwood, P.E.; Director of Public Works SUBJECT: CONSIDER AND ACT: on an ordinance requiring inspection of private construdion within the City's rights-of-way Most amsmction projects within the public righ-f-way have been performed by City staff or by contractors working directly for the City. Drrring the past year bowevm, several projects have been designed and bdt by the private sector (i.e., George W. Bush Foundation, SMU, and etc.) along City streets and alleys. To insure oompliance with all codes and specifiations, the City must provide inspection of the constmction. This is comparable to r building Qofltractor constructing a new home with the City providing inspection of the framing, plumbing, HVAC, and etc. The Code Qadinances cumntly requim cmtractm to apply for and wive a building perrnit and the City wiH then conduct requisite inspections. The attached ordinance amends the Code to requite a building permit for private work within the City's rights-of-way and for the City to perform the nmsmy inspctions. lbc fee for the permit, pPoposed to be tw~perceat of the value of the consmtion, would defer some of the mts in providing the ~WS. OMMENDATION: Staff recommends City Couracil approval of the attached ordinance. -TS; R-0-W Inspection Fee Page 63 of 71 University Park Code Chapter 3 Building Regulations Article 3.08 Tree Preservation Sec. 3.08.003 Penalties (a) Any person violating or failing to comply with any provision or requirement of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed the maximum amount provided in section 1.01.009 of this code. (b) A monetary civil penalty set by the master fee resolution, based on the diameter of the tree(s) removed or damaged, which shall be assessed and paid to the city. (1996 Code, sec. 12.407) Page 64 of 71 Garv Adams Fm: Sent: To: subject: Lean Holman Friday, November 04,201 1 10:25 AM Gary Adams Change in Fees MEMORANDUM November 4,2011 RECEIVED WOV~lton To: Chief Adams From: Captain Holman Re: Change In Fee Schedule Qver the past several years University Park used Hillside Animal Clinic for impoundment of animals. On all impounds and quarantines University Park charges a one time Pmcessing/Administratk fee of $15.00 In addltion to any other associated fees. This worked well enough while using Hillside Animal Clinic as they are located only a short distance from our city limits. Hillside Animal Uinic notified us, in writing, that effective September 30,2011 they would no longer serve University Park as a holding facility. Every animal clinic in Dallas and the surrounding area was contacted. East Dallas Veterinary Clinic was the only clinic that agreed to take animals from University Park. We are having a good working relatlon with East Dallas, but they are located ten (10) miles, twenty miles round trip, from University Park. Because of the addltlonal mlles involved I am recommending that University Park increase the current $15.00 Prc#essing/Administrative fee to $25.00. This would off-set some of the cost of driving the additional mileage. I would further recommend that University Park change the animal quarantine fee from $30.00 per day to $50.00 per day. This will Iceep University Park comparable to other clinics and holding facilities in the DFW area. It should be noted that East Dallas Veterinary Clinic closes at 2:OOpm on Saturday, If an impounded animal is not picked up by 2:OOpm on Saturday the clinic will charge University Park an additional day of holding. Communications should be aware of this and charge the animal owner appropriately. Page 65 of 71 Fee Schedule for UPFD Drill Field Rental 2601 Foodren University Park, TX. 75205 Contact: Assistant Chief Sham LeCroy Ofice Phone: (2 I 4)987-5388 Email: rnlecrov@uptexas.arq Base rental rate for use of facility only: $1 00.00 per hr. (3 hr. minimum plus charge Em water if used) Base rental rate for we of facility and FireBlast burn prop: 4 hrs. 8 hrs. o Includm two UPFD wnnel (FireBlast operator and Sam mcer) o Additional UPFD staff provided @ $60.00 per hr. Use of verticd uenWon girnulaSpr: $1 50.00 o hcl& up to five 4X% dwts of decking Noh: Agency renting facill ties required to provide their own instructors. Water usage will be estimated and market rate will apply. Page 66 of 71 City Of University Park Swimming Lessons with Mr. Bob 2012 I. Private Lessons-Must be3 years ofageorolderandpotty-trained Session Dates: a. Session 1 - Monday June 11 thru June 15 b. Session I I - Monday June1 8 thru June 22 c. *Session Ill -Tuesday June 26 thru Saturday June 30 d. Session IV- Monday July8 thnr Friday July 13 e. Session V - Monday July 16 UIIU Friday July 20 f. Session VI - Monday July 23 thru Friday July 27 II. Session Times 9100 - 9130 9:45 - 10:15 10:30- 11:oo 11:15 - 11:45 12:oo - 12:m Ill. Cost $135.00 per session IV. Make-up Policy If a daily lesson is canceled by the pool staff or weather conditions a makeup lesson will be scheduled free of cha~e. If a student fails to attend a daily lesson, a make up lesson may be scheduled for a fee of $10.00 per lesson. Any student missing more than 2 dally lesson will be required to sign up for another swim lesson session and pay the tuition fee of $935. V. To Schedule Lessons Contact City of University Park - 21 4-987-5488 Page 67 of 71 RESOLUTION NO. _________________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING RESOLUTION 08-18, MASTER FEE RESOLUTION, NOW CODIFIED IN APPENDIX A OF THE CODE OF ORDINANCES BY AMENDING SUBSECTIONS A1.002 ET AL AND ADDING NEW SUBSECTIONS A2.016 ET AL; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Resolution No. 08-18, the Master Fee Resolution of the City of University Park, Texas, now codified in Appendix A of the Code of Ordinances is hereby amended by amending said Appendix A in part, as follows: “… Sec. A1.002 Rental of city facilities (a) Reserved. (b) … (c) Reserved. (d) Reserved. … Sec. A2.007 Automatic fire-extinguishing system and fire alarm permits The permit for the installation of an automatic fire-extinguishing system or a fire alarm system shall be one percent (1%) of the valuation of the materials and labor involved, with a minimum fee of fifty dollars ($50.00). … Sec. A2.016 Inspection fee A fee for the inspection of private improvements being placed in public right-of-way shall be charged in the amount of two percent (2%) of the total estimated cost of the improvements to be constructed under the permit. … Page 68 of 71 Sec. A4.001 Reserved Sec. A4.002 Reserved … Sec. A4.006 Impoundment fee for animals (a) The city shall collect a fee of fifty dollars ($50.00) per day or part of a day for the impoundment of any animal for rabies testing or any other reason, prior to the release of such animal. In addition to the impoundment fee, the city shall collect an additional one-time processing fee of twenty-five dollars ($25.00) per animal. … Sec. A4.012 Municipal court building security fee The city shall collect a fee of three dollars ($3.00) from a defendant convicted of a misdemeanor offense as a cost of court. Sec. A4.013 Municipal court technology fee The city shall collect a fee of four dollars ($4.00) from a defendant convicted of a misdemeanor offense as a cost of court. … Sec. A4.017 Fire Training facility rental The city shall collect fees for rental of the training tower and FireBlast burn prop to be used by outside entities in the amount of one hundred dollars ($100.00) per hour base rental for the facility only, with a three hour minimum, plus a charge for water if used; a fee of five hundred dollars ($500.00) for four hours and a fee of one thousand dollars ($1,000.00) for eight hours for the facility and the FireBlast burn prop. This includes two fire department personnel, the FireBlast operator and a Safety Officer. Additional staff can be provided for a fee of sixty dollars ($60.00) per hour each. Use of the vertical ventilation simulator will be charged a fee of one hundred fifty dollars ($150.00) and includes up to five 4’x 8’sheets of decking. Outside agencies are required to provide their own instructors. Water usage will be estimated and market rate will apply. … Sec. A6.007 Swimming pool ... (b) … Size of party Fee Page 69 of 71 1-25 $75.00 26-50 $100.00 Over 50 Pool manager discretion Private preseason party $800.00 … (f) Use of pool by children under six (6) years of age … (2) A one hundred thirty-five dollar ($135.00) fee shall be assessed for private lessons. … Sec. A6.008 Tree removal penalty A monetary civil penalty in the amount of five hundred dollars ($500.00) shall be assessed against any person removing or damaging a tree six inches (6”) or more in diameter, or two hundred fifty ($250.00) for a tree less than six inches (6”) in diameter, in violation of the tree preservation ordinance. …” SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of May 2012. APPROVED: __________________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: Page 70 of 71 ___________________________________ __________________________________ CITY ATTORNEY LIZ SPECTOR, CITY SECRETARY (RLD/4-11-12/54990) Page 71 of 71