HomeMy WebLinkAbout2012.02.07 City Council AgendaCITYOFUNIVERSITYPARK
REGULARCITYCOUNCILMEETING
LOCATION:CITYHALLCOUNCILCHAMBER
AGENDA#2829
FEBRUARY7,2012
CALLTOORDER:5:00P.M.
4:00-4:30P.M.EXECUTIVESESSION:TheCouncilwillconveneintoClosedExecutiveSess ion
underTGCSection551.072todeliberateapossible realestatetransactionfor
propertylocatedat7305TurtleCreekBlvd.Noact ionwillbetaken.Executive
ConferenceRoom,FirstFloor,CityHall.
4:30-5:00P.M.WORKSESSIONFORAGENDAREVIEW:CouncilConferenceRoom,Second
Floor,CityHall
TOSPEAKONANAGENDAITEM
AnyonewishingtoaddresstheCouncilonanyitemm ustfilloutagreen“RequesttoSpeak”formand
returnittotheCitySecretary.Whencalledforwar dbytheMayor,beforebeginningtheirremarks,spe akers
areaskedtogotothepodiumandstatetheirname andaddressfortherecord.
I.CALLTOORDER
A.INVOCATION:AssistanttotheCityManagerGeo rgeErtle
B.PLEDGEOFALLEGIANCE:Asst.totheCityManag erGeorgeErtle/BoyScouts
C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDav is
D.INTRODUCTIONOFSTAFF:CityManagerBobLivin gston
II.AWARDSANDRECOGNITION
A.RETIREMENT:RecognitionofBattalionChiefJimStroopewith37 yearsofservice
andDriver/EngineerPhilTannerwith31yearsofse rvice
III.CONSENTAGENDA
A.CONSIDERANDACT:onarequestbyHighlandParkHighSchoolStudentC ouncil
toconducta5Kbenefitrun
B.CONSIDERANDACT:ontheBuyBoardCooperativePurchaseofa2012John
Deere315SJBackhoefortheInfrastructureMaintena nceDivision
C.CONSIDERANDACT:onapprovalofminutesoftheJanuary17,2012City Council
Meeting
IV.MAINAGENDA
A.CONSIDERANDACT:onfundingrequestforrenov ationstotheCurtisParkBridge
B.CONSIDERANDACT:onalicenseagreementwiththeGeorgeW.BushPres idential
Foundationforplacementofprivatefacilitieswith intheCity'srights-of-way
V.PUBLICCOMMENTS
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.
AGENDAMEMO
(2/7/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:RandyHowell,FireChief
SUBJECT:RETIREMENT:RecognitionofBattalionChiefJimStroopewith37 yearsofservice
andDriver/EngineerPhilTannerwith31yearsofse rvice
BACKGROUND:
ChiefHowellwillintroduceJimStroopeandPhilTa nnertotheCouncilandthankthemfortheir
yearsofservicetotheCity.
AGENDAMEMO
(2/7/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GaryW.Adams,ChiefofPolice
SUBJECT:CONSIDERANDACT:onarequestbyHighlandParkHighSchoolStudentC ouncil
toconducta5Kbenefitrun
BACKGROUND:
TheHighlandParkHighSchoolStudentCouncilhasr equestedtoholda5krunandeventatGoar
ParktoraisefundsfortheTreeofLifeChildren's AcademyinZambia.Theeventisscheduledfor
Saturday,April14,2012tostartat7:00a.m.Act ivitiesinGoarParkaftertheracewillend
approximatelyatnoon.Itisanticipatedthatther ewillbe200-300participants.
IfthisreservationisapprovedbytheCityCouncil ,staffwouldrecommendthefollowing:
A$250refundabledepositfortheuseofGoarPark
GoarParkrentalfeeof$500.00
ProvidePolicesecurityattheirexpense
UsePoliceDepartmentapprovedrouteforthe5Krun
RECOMMENDATION:
StaffrequestsdirectionfromtheCityCouncilrega rdingthisevent.
ATTACHMENTS:
LetterRequestingRaceApproval
5KRaceRoute
January 17, 2012
7KH+LJKODQG3DUN+LJK6FKRRO6WXGHQW&RXQFLOKDVHOHFWHGWREHQHILWWKH7UHHRI/LIH&KLOGUHQ¶V$FDGHP\LQ
Zambia for this year's annual Spring Benefit. We hope to raise $150,000 to build a wing of five classrooms that
will provide education for 150 Zambian orphans. This is the 7th year for the benefit, where we have raised over
IRU%UHDVW&DQFHU%D\ORU5HKDELOLWDWLRQ&HQWHU$XWLVP'LDEHWHVUHVHDUFKDQG$O ]KHLPHU¶V7KH
University Park and Highland Park communities have been involved every year, as the majority of our funds
have come from the generosity of families of these great communities.
,QWKHSDVWZHKDYHKHOGDFRQFHUWDVRXUIXQGUDLVHU$IWHUODVW\HDU¶VVXFFHVVWKH6W XGHQW&RXQFLOZRXOGDJDLQ
like to get more of the community involved by promoting a family atmosphere at a Fun Walk/Run, where
hopefully parents, children, and grandparents will come out to support this very worthy cause. ALL proceeds
ZLOOJRGLUHFWO\WRWKH7UHHRI/LIH&KLOGUHQ¶V$FDG emy.
Our idea is to have a 5K walk/run beginning and ending at Goar Park at Turtle Creek and Vassar Dr. (I am
attaching a map of the route, which was used by the YMCA in 2009 for their 5K run and we successfully used
last year).
This event would take place on Saturday, April 14, from 9:00 AM ± Noon (with set up beginning at 7:00 AM).
We would like to have fun activities for the kids, such as bounce houses (16 ft. slide - 23L x 12W x 19H, an
obstacle challenge - 40L x 10W x 10H, and a bounce house - 13L x 13W), face painting, and easy carnival
games. We would have a sno-cone machine and a cotton candy machine. We are also working on securing a
band or DJ, as well.
As the Student Council advisor, I am the person in charge and my phone number is 214-734-7864.
Thank you for your consideration.
John Hinton, M.Ed.
Highland Park High School
4220 Emerson Ave.
Dallas, Texas 75205
voice mail: 214-780-3794
Confidentiality Notice: The following material is intended only for the use of the individual or entity for which
it is addressed. It may contain information that is privileged, confidential and/or exempt from disclosure by law.
If you are not the intended recipient, you should not read or otherwise review this material. If you have received
this communication in error, please notify us immediately by telephone and return this material. Thank you.
hintonj@hpisd.org
AGENDAMEMO
(2/7/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:ChristineGreen,PurchasingAgent
SUBJECT:CONSIDERANDACT:ontheBuyBoardCooperativePurchaseofa2012John
Deere315SJBackhoefortheInfrastructureMaintena nceDivision
BACKGROUND:
IncludedfortheCouncil'sreviewisaVehicleProc urementRequisitionforthepurchaseofa2012
JohnDeere315SJBackhoefortheInfrastructureMai ntenanceDivision.Thisvehiclepurchaseisan
earlyreplacement(byoneyear)ofa1998JohnDeer eBackhoe.
ThebackhoeisavailableonaBuyBoardcontractthr oughRDOEquipmentforatotalcostof
$109,425.11.PurchasesmadethroughBuyBoardsatis fyallcompetitivebiddingrequirements.
RECOMMENDATION:
Staffrecommendspurchaseofthe2012JohnDeere31 5SJbackhoefromRDOEquipmentviathe
BuyBoardpurchasingcooperativeintheamountof$1 09,425.11.
ATTACHMENTS:
AttachmentstoPurchaseofa2012JohnDeere315SJ Backhoe
Contact us 800-695-2919
Search:
All
Vendor Discounts Only
Catalog Pricing Only
Search by Vendor
Browse Vendor Discounts
Resources
Vendor Name:RDO Equipment Company (John Deere)
Address:3230 East Airport Freeway
Irving, TX 75062
Phone Number:(817) 566-1543
Email:anew@rdoequipment.com
Contact:Amanda New
Accepts RFQs:Yes
Minority Owned Vendor:No
Women Owned Vendor:No
Contract Name:Construction Eq, Road & Bridge, Ditching, Trenching & Utility Eq.
Contract#:345-10
Effective Date:10/01/2010
Expiration Date:09/30/2013
Payment Terms:Net 30 Days
Delivery Days:10
Shipping Terms:Free Freight
Freight Terms:FOB Destination
Ship Via:Best Way
Region Served:All Texas Regions
States Served:Texas
Regulatory Notice:BuyBoard contract pricing does not include bonding or insurance. Each entity must
their individual projects to determine the need for bonding and insurance, including w
limitation such workers’ compensation insurance as may be required by state or loca
or policy. If required, it is the responsibility of each entity to obtain such bonding and
insurance or confirmation of coverage, as applicable, from the vendor.
Also, each entity must assess their individual projects to determine whether the proj
subject to prevailing wage rate requirements under the federal Davis Bacon Act or st
local law. If any such requirements apply, it is the responsibility of each entity to take
appropriate action to determine compliance by the vendor.
The Texas Professional Services Procurement Act, Chapter 2254 of the Texas Govern
Code (“Act”), prohibits a governmental entity from using a competitive bid process t
initially considers price in the procurement of professional services covered under th
"Professional services" under the Act includes, but is not limited to, professional
engineering, architecture, accounting, landscape architecture, land surveying, and re
estate appraisal services. Additionally, the Texas Interlocal Cooperation Act provides
governmental entity may not use an interlocal contract with a purchasing cooperativ
purchase engineering or architectural services (Texas Government Code, Section 79
(h)). BuyBoard® contracts do not, and are not intended to, include professional servi
that must be procured in accordance with the Act. Cooperative members are reminde
they must comply with the Act whenever a contract includes professional services as
component part, and may not procure engineering or architectural services through
BuyBoard contract.
Vendor Contract Information Proposal Document Back
Phone: 800-695-2919
Fax: 800-211-5454
Email: info@buyboard.com
Welcome Christine [ Log Off ]
Shopping Cart Help
Page 1of 1Vendor Contract Information
2/2/2012https://www.buyboard.com/VendorContract/Details/2018?id2=488
AGENDAMEMO
(2/7/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:LizSpector,CitySecretary
SUBJECT:CONSIDERANDACT:onapprovalofminutesoftheJanuary17,2012City Council
Meeting
BACKGROUND:
MinutesoftheJanuary17,2012CityCouncilMeetin gareincludedfortheCouncil'sreview.
ATTACHMENTS:
Jan.17,2012MeetingMinutes
MINUTES
AGENDA #2828
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
COUNCIL CHAMBER – CITY HALL
TUESDAY, JANUARY 17, 2012, 5:00 P.M.
3:00 - 4:00 P.M. REPORT: MR. MICHAEL EGAN OF THE DALLAS MARKETING GROUP
SUMMARIZED THE FINDINGS OF THE OCTOBER 2011 COMMUNITY SURVEY FOR THE
COUNCIL. COUNCIL CONFERENCE ROOM, 2ND FLOOR, CITY HALL.
4:00 - 4:15 P.M. DALLAS COUNTY COMMISSIONER MIKE CANTRELL MET WITH THE
COUNCIL TO INTRODUCE HIMSELF AS THE CITY’S NEW COUNTY DISTRICT 2
REPRESENTATIVE. COUNCIL CONFERENCE ROOM, 2ND FLOOR, CITY HALL.
4:15 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW: COUNCIL CONFERENCE ROOM,
2ND FLOOR, CITY HALL.
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, Mayor Davis,
Councilmember Clark, and Councilmember Begert. Also in attendance were City Manager
Livingston, and City Attorney Dillard.
Mayor Davis asked that any Boy Scouts present at the meeting come to the front of the
chamber and assist in leading the Pledge of Allegiance.
After the Pledge, Boy Scout Andrew Nichol of Troop 125 introduced himself and stated he
was there to earn his Citizenship in the Community merit badge.
City Manager Livingston introduced staff in attendance as follows: Purchasing Agent
Christine Green, Purchasing Assistant Sandy Perkins, Director of Finance Kent Austin,
Director of Parks Gerry Bradley, Fire Chief Randy Howell, Director of Community
Development Robbie Corder, Assistant Director of Public Works Jacob Speer, Director of
Public Works Bud Smallwood, City Secretary Liz Spector, Administrative Assistant George
Ertle, Community Information Officer Steve Mace, Police Administrative Assistant Dawn
Kossmann and Administrative Captain Leon Holman.
I. CALL TO ORDER
A. INVOCATION: Mayor W. Richard Davis
B. PLEDGE OF ALLEGIANCE: Mayor W. Richard Davis / Boy Scouts
C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D. INTRODUCTION OF STAFF: City Manager Bob Livingston
II. AWARDS AND RECOGNITION
A. PROCLAMATION: to acknowledge community service of Mayor Edward J. Drake
Mayor Davis read the proclamation celebrating former University Park Mayor Ed Drake’s
civic accomplishments and then presented it to Mayor Drake’s son.
This vehicle purchase is a planned replacement of a 2001 Ford F150 truck. The Ford Escape
is available on a BuyBoard contract through Philpott Motors for a total cost of $18,598.75.
Purchases made through BuyBoard satisfy all competitive bidding requirements.
This salary ordinance amendment increases the paramedic MICU assignment pay from
$30.00 to $35.00 for a paramedic assigned to the ambulance for a 24 hour shift.
ORDINANCE NO. 12/01
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
ORDINANCE NO. 11/22 TO INCREASE AMBULANCE ASSIGNMENT PAY FROM
$30 PER SHIFT TO $35 PER SHIFT AND PROVIDING AN EFFECTIVE DATE.
This contract with RL Goodson in the amount of $28,500 is approved subject to deletion of
the "limit of liability" clause and provides traffic, drainage and aesthetic improvements to the
intersection where Dublin, Durham and Amherst converge.
Change Order No. 1 in the amount of $115,000 to the contract with John Burns Construction
addresses replacement of a 4" water main in the alley bounded by Hillcrest, Shenandoah,
Auburndale, and Normandy to be done in conjunction with work already underway in the
area.
City Manager Livingston summarized the Consent Agenda items for the Council and audience.
Mayor Davis asked if there were any requests to remove any item for individual consideration. As
there were none, he asked for a motion.
Councilmember Clark made a motion to approve the Consent Agenda subject to the deletion of
liability clause in the contract with R. L. Goodson. Councilmember Begert seconded, and the
motion carried unanimously.
III. CONSENT AGENDA
A. CONSIDER AND ACT: on the BuyBoard purchase of a 2012 Ford Escape for Infrastructure
Maintenance
B. CONSIDER AND ACT: on ordinance enabling final increase in paramedic MICU
assignment pay
C. CONSIDER AND ACT: on a contract with RL Goodson to perform a drainage study
D. CONSIDER AND ACT: on Change Order No. 1 to the contract with John Burns
Construction
E. CONSIDER AND ACT: on minutes of the December 20, 2011 City Council Meeting
IV. MAIN AGENDA
A. DISCUSS: Urban Design & Development Advisory Committee recommendation regarding
backyard chickens
City Manager Livingston stated staff had provided the Council with information from the
Urban Design and Development Advisory Committee (UDADAC) after the committee met
two times to discuss whether the City should allow backyard hens as requested by a
resident. Mr. Livingston reminded the audience that the Council originally heard this
request on October 18, 2011 and referred its study to UDADAC.
There were several requests to address the Council and Mayor Davis asked Ms. Chris
Bracken to come to the lectern.
Ms. Chris Bracken, 4312 Druid, said she lives next door to Ms. Miller and has never had any
complaints regarding noise or smell related to the chickens.
Ms. Patti Brewer, 3132 Bryn Mawr, addressed the Council in favor of Ms. Miller’s proposal
to keep chickens. Ms. Brewer thanked the Council for considering the request.
Ms. Beth Blankenship, 3333 Rankin, addressed the Council. She said her grandparents
raised chickens many years ago in their University Park backyard. She requested the Council
amend the ordinance to allow the chickens.
Editor’s note: Three people submitted green sheets voicing their opinion as in favor of
allowing backyard chickens but did not want to address the Council. They were University
Park residents Ann Lamb, 3005 Bryn Mawr, Laura Noe, 3948 Centenary, and Dallas
resident Barbara Babb, 9054 Briarwood.
Councilmember Stewart said after studying this issue for some time, he does not have a
problem with allowing chickens in the City with certain prescribed conditions. He said
nutrition and health issues could be positively affected, as well as having an educational
benefit for children.
Councilmember Begert said agrees with Councilmember Stewart that with certain
restrictions, allowing backyard hens should be no problem for the City.
Mayor Pro Tem Grable said he has spoken with many people about this issue. He said he
does not feel allowing backyard chickens would be beneficial for the City. He said he does
not believe the majority of residents want City staff spending tax dollars enforcing
regulations regarding chickens.
Councilmember Clark said a previous Council revised this ordinance in 2008. He said he has
studied the issue carefully and is not convinced that allowing chickens will benefit the City.
Councilmember Clark said he has a responsiblity to preserve the quality of the City and this
means in some cases, certain individual rights have to be given up. He stated he is not in
favor of allowing backyard hens.
Mayor Davis said he has reviewed all of the information and he stated that the presentations
were very well done. He said he has looked at the ordinance closely and he said he is not in
favor of allowing chickens in University Park.
Mayor Davis asked if there was a motion.
Mayor Pro Tem Grable made a motion to not amend the Code of Ordinances to allow
backyard hens. Councilmember Clark seconded, and the motion carried.
The motion was approved in a 3-2 vote with Mayor Davis, Mayor Pro Tem Grable and
Councilmember Clark voting to not amend the ordinance and Councilmember Begert and
Councilmember Stewart voting to amend the ordinance.
Police Captain Leon Holman addressed the Council regarding the residential parking districts
in the City. He reminded the Council that they asked for an update on the parking districts
once enforcement of the new district surrounding SMU had been in place for several months.
He said the district had been in place since September 2011.
Captain Holman mentioned the petition that had been received from the residents of the 3000
block of Milton requesting to be added and he said this was approved.
Captain Holman displayed maps delineating the two SMU areas and a map that showed all
three areas.
He discussed parking complaints received by staff from September 2011 to December 2011.
He said there were 42 complaints about the SMU district and 12 about the High School
district. Captain Holman also mentioned that 115 temporary passes were delivered
to residents in the SMU district and 32 were delivered to residents of the High School
district. Captain Holman mentioned that these temporary passes are delivered to the residents
by staff.
Captain Holman said the main complaints are related to the number of parking passes issued
per household, and temporary parking pass concerns, primarily related to nannies and
housekeepers needing them on a regular basis. He also mentioned that the Community
School of Park Cities at 3412 Binkley was able to add six parking spaces for their staff
behind their facility.
Mayor Davis thanked Captain Holman for the update and asked if there was anyone present
who wished to address the Council. Resident Don Bush, of the 3000 block of Milton,
requested to speak. Mayor Davis mentioned that a petition from Judge Bush had been
received by staff earlier in the day and wanted Judge Bush to know they had received it but
had not had time to review the request.
Judge Bush thanked City Manager Livingston and staff for working with him on certain
concerns he had related to institution of the parking district on his block. He mentioned that
two people who signed the original petition to opt into the district had now signed a second
petition to opt out of the district. He said student parking is not a problem in his area and he
requested that the six homes on the end of the 3000 block of Milton be removed from the
district.
Mayor Davis thanked Judge Bush and said said he would put this request on a future agenda.
Mr. Tom Krampitz, 3420 Potomac, addressed the Council. He said his block is one block
south of the southern terminus of the Hillcrest West parking district. Mr. Krampitz said
there have been stark changes in the neighborhood environment lately. He said the parking
B. REPORT: on the status of the residential parking district in the areas surrounding the
Southern Methodist University (SMU) campus
district does not include Potomac Avenue, even though signs went up stating it was in the
parking district.
Mr. Krampitz stated that due to many multi-family units that had been constructed in the area
along with overflow parking from Highland Park Methodist Church and SMU, there is a
shortage of on-street parking in his neighborhood. He asked to discuss with staff more
manageable practices for Potomac.
Mr. Livingston asked Mr. Krampitz to talk with the Police Department and Director of Public
Works Bud Smallwood to discuss this. Mr. Livingston said a temporary district had been
instituted in that block to give residents a place to park during recent alley reconstruction.
Ms. Melanie Rudebeck, director of the Community School of Park Cities at 3412
Binkley, addressed the Council. She stated the school has 15 employees and requested the
Council allow the school two resident parking permits.
Mayor Davis said he could not make this decision. Ms. Rudebeck said she has no other
options. She said she had contacted area businesses for parking assistance but had gotten no
help.
Mayor Davis said they will take her request under consideration.
Director of Public Works Bud Smallwood addressed the Council. He said on December 6,
2011 the Council considered an ordinance which would improve consistency of parking limit
signage in Snider Plaza and the Miracle Mile. After comments received during that meeting,
staff determined it would be better to remove the Miracle Mile area from the ordinance. Mr.
Smallwood said the ordinance before the Council only addresses Snider Plaza parking
and limits parking times to 2 hours, Monday through Saturday, from 8 a.m. to 5 p.m., except
on holidays.
Mayor Davis asked if anyone present wished to discuss this proposed ordinance. There was
no one and Mayor Davis asked for a motion.
Councilmember Stewart made a motion to approve an ordinance designating parking limits
along certain streets in the Snider Plaza shopping district. Mayor Pro Tem Grable seconded,
and the motion carried unanimously.
ORDINANCE NO. 12/02
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING
PARKING ON THE EAST AND WEST CURBS AND MEDIANS ON SNIDER
PLAZA FROM DANIEL TO ROSEDALE, ON THE EAST AND WEST CURBS AND
MEDIANS ON SNIDER PLAZA FROM ROSEDALE TO MILTON, ON THE EAST
AND WEST CURBS AND MEDIANS ON SNIDER PLAZA FROM MILTON TO
RANKIN, ON THE EAST AND WEST CURBS ON SNIDER PLAZA FROM RANKIN
TO WESTMINSTER, ON THE EAST SIDE OF SNIDER PLAZA FROM
WESTMINSTER TO A POINT 170 FEET NORTH OF WESTMINSTER, ON THE
NORTH SIDE OF DANIEL FROM SNIDER PLAZA EAST TO THE ALLEY EAST
OF SNIDER PLAZA, ON ROSEDALE FROM SNIDER PLAZA WEST TO THE
C. CONSIDER AND ACT: on an ordinance designating parking limits along certain streets in
the Snider Plaza shopping district
ALLEY WEST OF SNIDER PLAZA, ON ROSEDALE FROM SNIDER PLAZA EAST
TO HILLCREST, ON MILTON FROM THE ALLEY WEST OF SNIDER PLAZA TO
HILLCREST, ON THE SOUTH SIDE OF RANKIN FROM THE ALLEY WEST OF
SNIDER PLAZA TO THE ALLEY EAST OF SNIDER PLAZA, ON THE NORTH
SIDE OF RANKIN FROM SNIDER PLAZA TO HILLCREST, ON THE SOUTH
SIDE OF WESTMINSTER FROM SNIDER PLAZA TO THE ALLEY WEST OF
SNIDER PLAZA, AND ON HILLCREST FROM LOVERS LANE TO ROSEDALE IN
EXCESS OF TWO HOURS MONDAY THROUGH SATURDAY, 8 A.M. TO 5 P.M.,
EXCEPT HOLIDAYS; 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.
There were no requests to address the Council from the floor and Mayor Davis adjourned the
meeting.
Considered and approved this 7th day of February 2012.
______________________________
W. Richard Davis, Mayor
ATTEST:
____________________________
Elizabeth Spector, City Secretary
V. ITEMS FROM THE FLOOR
AGENDAMEMO
(2/7/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GerryBradley,ParksDirector
SUBJECT:CONSIDERANDACT:onfundingrequestforrenovation stotheCurtisParkBridge
BACKGROUND:
In2009,theCapitalProjectsReviewCommitteeand theCityCouncilapprovedfundingtosupport
renovationstotheCurtisParkbridge.Thebridge,builtinthe1930s,isinanadvancedstateof
disrepairandrequiresmasonryandcarpentryworkt ocreateasafeandaesthetically
pleasingenvironmentforparkpatrons.Theapprove dbudgetfortheprojectis$50,000.
Recentprojectbidsestimatethebridgerenovations willcost$54,650.00.Sincetheprojectcost
exceeds$50,000,staffrequestsCityCouncilapprov alfortheadditionalexpenditures.Staffhas
identifiedsavingswithintheParksDepartment’sFY2012CapitalImprovementsProgramtooffsetthe
costincrease.
RECOMMENDATION:
StaffrequeststheCityCouncilapprovetheCurtis Parkbridgerenovationprojectintheamountof
$54,650.
FUNDINGSOURCE:
FY2012ParksDepartment-CapitalImprovementProje ctBudget
ATTACHMENTS:
BridgeContract
Bridge-CurrentConditions
December 19, 2011
Mr. Gerry Bradley
City of University Park
4420 Worcola
Dallas, TX 75206
RE: Curtis Park Bridge Modifications
Proposal #TT11-046
Mr. Bradley,
Gallagher Construction Services is pleased to present the following proposal based on our TIPS/TAPS
Cooperative Purchasing Contract for your consideration.
To provide the necessary labor and materials required to modify the Curtis Park Bridge, the total cost will
be Fifty Four Thousand Six Hundred Fifty Dollars ($54,650).
The scope of work included in this proposal is as follows:
x Remove and dispose of existing concrete topping from bridge.
x Remove and dispose of existing wood posts and rails from bridge.
x Modify and repair existing stone work on bridge rails and columns.
x Install new stone paving on existing bridge.
x Install new wood posts and rails on existing bridge.
This proposal excludes design fees, permit/inspection fees, sales tax, bonds, hazardous materials
removal or remediation, accessibility reviews, inspections or modifications or structural review or
modifications.
If this proposal is acceptable to the City, please issue a purchase order and forward a copy via fax or e-
mail to Gallagher Construction Services.
Please feel free to contact me at (214) 536-7024 or by e-mail at jeff@gallaghertx.com should you have
any questions regarding this proposal.
Gallagher Construction Services would appreciate the opportunity to work with the City of University Park
on this project.
Sincerely,
Jeff Fisher
Gallagher Construction Services
PO Box 941209
Plano, TX 75094-1209
2600 Technology Dr., Suite 400
Plano, TX 75074
972.633.0564
972.633.0164 Fax
www.gallaghertx.com
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AGENDAMEMO
(2/7/2012AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onalicenseagreementwiththeGeorgeW.Bush
PresidentialFoundationforplacementofprivatefa cilitieswithintheCity'srights-of-
way
BACKGROUND:
ThedesignfortheGeorgeW.BushPresidentialCent erincludesthreeconstructionsites,separatedby
Citystreets-thebuildingatthesoutheastcorner ofSMUBlvdandDublin;theparkinglotnorthof
SMUBlvdbetweenBoedekerandDublin;andtheparki nglotatthenortheastcornerofSMUBlvd
andBoedeker.Connectivityoftheparcelscreated design,construction,andoperationalopportunities
forCitystaffandGWBPCengineeringconsultants.Thefollowinglistprovidesexamplesofthe
privatefacilitieslocatedwithintherights-of-way :
*Electricserviceforparkinglotlights;
*Cablingassociatedwithsecuritycamerasatpar kinglots;
*Waterserviceforirrigationsystemsatparking lotsites;
*Drainagelinestotransport"harvested"stormwa tertothecistern;
Traditionally,privateuseofthepublicrights-of wayhavebeenallowedonlybylicenseagreement.
Theattachedlicenseagreementwasdevelopedjointl ybytheCityAttorneyandtheGWBPClegal
counsel.Theexhibitsincorporatedaspartofthe licenseagreementprovideverydetailedlocations
foreachfacility.
RECOMMENDATION:
StaffrecommendsCityCouncilapprovalofthelicen seagreementwiththeGeorgeW.Bush
FoundationforprivatefacilitieswithintheCity's rights-of-way.
ATTACHMENTS:
LICENSEAGREEMENT
LISCAGR-EXHIBA1
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LICENSE AGREEMENT
CITY OF UNIVERSITY PARK
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This License Agreement (the "Agreement"), effective as provided herein (the "Effective
Date"), is entered into by and between the City of University Park, Texas, a home rule municipal
corporation of the State of Texas (the "City"), and the George W. Bush Foundation
(the "Licensee").
RECITALS
WHEREAS, the Licensee desires to place, install, and maintain
private utilities (“the Improvements") in, under, or upon a City right-of-way, easement or property
(the “Property”) to benefit the Licensee’s premises in University Park, Dallas County, Texas (the
“premises”); and
WHEREAS, such Improvements are more specifically shown on Exhibit "A" attached
hereto, and are being built by Licensee for the purpose of
providing irrigation, data, electric and security services; and
WHEREAS, the City desires to grant Licensee a license and privilege to place, install,
remove and maintain the Improvements in the Property depicted in Exhibit “A” subject to and upon
the terms set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the City and the Licensee agree as follows:
I.
GRANT OF LICENSE
1.1 License to Maintain Certain Articles on Property. The City hereby licenses and
authorizes the Licensee at all times during the term of this Agreement to place, install, remove, and
maintain the Improvements on the Property depicted in Exhibit "A" attached, subject to the terms
and conditions contained in this Agreement.
1.2 Exclusive Use. The Licensee, its successors and assigns, may place, install, and
maintain on the Property the Improvements to be used exclusively for the benefit of the premises.
II.
CONDITIONS PRECEDENT AND EFFECTIVE DATE
2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Community
Development Director and the Director of Public Works of the City plans for the placement,
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arrangement, and installation of the Improvements.
2.2 Review by City. The Director of Public Works or his representative shall review the
plans and make modifications to the plans that he, in his sole discretion, considers reasonably
necessary or appropriate for the preservation of the public health, safety, and welfare of the City.
2.3 Approval and Effective Date. This Agreement and the rights and obligations hereunder
shall become effective when the Director of Public Works or his representative has approved the
plans. The Licensee agrees to place, arrange, or install the Improvements on the Property according
to the approved plans. The Licensee shall not place, arrange, or install any articles on the Property
before the plans have been approved. The City retains the right to remove any article or all articles
placed in, under, or onto the Property at any time and retains the right to modify or amend the plans
at any time after the Effective Date of this Agreement, upon not less than thirty (30) days’ written
notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the
removal of any such article or all articles from the Property.
III.
INDEMNIFICATION AND INSURANCE
3.1 Liabilities, Losses, or Damages. The Licensee agrees to defend, hold and save
harmless the City, its officers, agents and employees from any liability, claims, costs, expenses or
damages incurred by the City, including expenses of litigation and attorneys' fees, as a result or
arising out of the use, maintenance, placement, installation, operation, or removal of the
Improvements by the Licensee, its contractors, agents or employees, and the Licensee covenants and
agrees to pay to or indemnify the City for payment of the full amount of any such damage, claims,
demands, suits, judgments, costs or expenses. City agrees that it will give the Licensee notice in
writing of any claim or damage within five (5) business days after it receives such claim or notice of
damage to the Property or to any third person. The Licensee agrees that it will assume the obligation
to defend, adjust through insurance, and, if necessary, pay such damage or claim to the City or the
third party incurring the same.
3.2 Period Covered. The indemnity provided by this Agreement will extend from
the date of this Agreement to the Termination of this Agreement.
3.3 Expenses, Attorneys' Fees, and Costs. If the City, in the enforcement of this
Agreement, shall incur necessary expenses, or become obligated to pay attorneys' fees or court costs,
the Licensee agrees to reimburse the City promptly for such expenses, attorneys' fees, or costs after
receiving notice from the City of the incurring of such expenses, costs, or obligations.
3.4 Interest. The Licensee agrees to pay the City interest at the rate of Ten Percent
(10%) per annum on any necessary expenses or costs incurred by the City in the enforcement of
Paragraph 2.3 of this Agreement, or on any sum that the City is obligated to pay with respect to the
matters for which indemnity is given in this Agreement, from thirty (30) days after the date the
Licensee is notified that such expenses or costs have been incurred, or such sums paid.
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3.5 Notice of Claim Against. The City agrees to give the Licensee prompt written
notice of any claim made against the City on the obligations assumed by the Licensee hereunder.
3.6 Limitation on Liability. The City and the Licensee agree that the provisions of
Article II of this Agreement shall not in any way limit the liability of the Licensee.
3.7 Insurance.
A. The Licensee agrees to cause and require any contractor constructing and
installing the Improvements to carry and maintain Commercial General
Liability Insurance in amounts not less than those established as maximum
recovery limits recoverable against the City under Chapter 101 of the Texas
Civil Practice and Remedies Code, as amended; and
B. The Licensee agrees to carry and maintain, during the entire term of this
Agreement, public liability insurance in amounts not less than those required
under A above.
Such policies of insurance shall be issued by companies authorized to conduct business in the State
of Texas and shall name the City as additional insured. Certificates evidencing such insurance
contracts and certified copies of such insurance contracts shall be deposited with the Risk Manager
for the City. The policy limits provided in the Agreement shall change in accordance with the
provisions for maximum liability under the Texas Civil Practice and Remedies Code. Such
certificates shall require thirty days’ written notice to the City in the event of default by the Licensee
or termination of any coverage.
IV.
ASSIGNMENT
4.1 Nonassignable. This License is personal to the George W. Bush Foundation. It
is non-assignable, except when the premises benefitted by this License are granted are conveyed by
Licensee, in which case, this License may be assigned by Licensee to a subsequent owner, provided
such assignment is in writing, specifically requires the assignee to agree to and abide by the terms of
this Agreement, is signed by the assignee, and recorded in the real property records of Dallas County,
Texas. Any other attempt to assign this License will terminate the License granted to Licensee under
this Agreement.
V.
TERMINATION
5.1 Terminable at Will. This Agreement is terminable by either party at will by the
giving of thirty days’ written notice to the other party. Upon termination of this Agreement, the
Licensee shall have the right, with thirty (30) days of the termination, to remove all its personal
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property from the Property, provided such removal does not cause damage to the Property or
interfere with the public’s use of the Property.
VI.
GENERAL PROVISIONS
6.1 Governing Law. The validity of this Agreement, the construction and
enforcement of its terms, and the interpretation of the rights and duties of the parties shall be
governed by the laws of the State of Texas. Exclusive venue of any action hereon shall lie in Dallas
County, Texas
6.2 Amendment. No amendment, supplement, or waiver of this Agreement or any of its
provisions shall be binding upon the parties hereto unless made in writing and duly signed by all
parties.
6.3 Waiver. A failure or delay of the City to enforce at any time any of the provisions of
this Agreement, or to exercise any option that is provided in this Agreement, or to require at any time
performance of any of the provisions of this Agreement, shall in no way be construed to be a waiver
of such provision of this Agreement, nor in any manner be construed to be a waiver of any defense
available to the City, including the defense of governmental immunity.
6.4 Entirety of Agreement. This Agreement constitutes the entire agreement
between the City and the Licensee and supersedes all previous agreements, promises,
representations, whether written or oral, between the City and the Licensee with respect to the
subject matter of this Agreement.
6.5 Heading. The article and section headings in this Agreement are for convenience
only and do not constitute part of this Agreement.
6.6 Sole Benefit. Nothing expressed or referred to in this Agreement is intended or shall
be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or
equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this
Agreement. It is the intention of the City and the Licensee that this Agreement, the assumption of
obligations, statements of responsibilities herein, and all conditions and provisions of this Agreement
are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or
entity.
6.7 Notice. Any notice or other communication required or permitted to be given
under this Agreement, unless otherwise specifically provided, shall be given by hand delivery by a
commercial delivery service or sent by first-class mail, postage prepaid, to a party at its address set
forth below and shall be effective as of the date of actual delivery of the notice or placement in an
official mail depository of the United States Postal Service, as the case may be. Either party may
change its notice address by a written notice as provided herein.
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If to the City: City Manager If to Licensee: President
City of University Park George W. Bush Foundation
Box 8005 P.O. Box 600610
University Park, TX 75205-0005 Dallas, Texas 75206
6.8 Recording. The Licensee must record this License in the Real Property Records of
Dallas County, Texas, and provide written documentation that such recording has been completed.
IN WITNESS WHEREOF, the City and the Licensee, acting through their respective duly
authorized representatives, have caused this Agreement to be signed in their names and delivered.
The Effective Date of this Agreement shall be the date the last signature is affixed below.
CITY: THE CITY OF UNIVERSITY PARK
3800 University Blvd.
University Park, TX 75205
By: ___________________________________
Bob Livingston,
City Manager
Date: ________________________
LICENSEE: THE GEORGE W. BUSH FOUNDATION
By: _________________________________________
By: _________________________________________
Date: ________________________
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ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me on the _____ day of __________ 2012, by
_______________, _________________ of GEORGE W. BUSH FOUNDATION, Texas non-
profit corporation, on behalf of such corporation.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me on the _____ day of __________ 2012, by Bob
Livingston, City Manager of the CITY OF UNIVERSITY PARK, TEXAS, a home-rule municipal
corporation, on behalf of such corporation.
Notary Public, State of Texas