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Agenda 10-17-05 Names Tabs
AGENDA #2521 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, OCTOBER 17, 2005 AT 5:00 P.M. 4:00-4:10 P.M. EXECUTIVE SESSION TO RECEIVE LEGAL ADVICE FROM ATTORNEY UNDER TEXAS GOVERNMENT CODE SECTION 551.071 4:10-5:00 P.M. WORK SESSION FOR AGENDA REVIEW CITY T. INVOCATION Councilmember Syd Carter TT. PLEDGE OF ALLEGIANCE Councilmember Syd Carter/Boys Scouts TTT. INTRODUCTION OF COUNCIL Mayor James H. Holmes, III IV. INTRODUCTION OF STAFF City Manager Bob Livingston AWARDS AND RECOGNITION PRESENTATION: Winner of Employee Slogan contest to Brandon Whitney, Firefighter PRESENTATION: Certificates of Appreciation to Section Chief Shane LeCroy, Lt. Bob Poynter, Driver/Engineer Rusty Massey and Firefighter Devin Penny for their efforts in aiding victims of Hurricane Katrina Tab I RECOGNITION: Profile in Courage Award from the University of Kansas for Administrative Assistant Kate Smith Tab II VT. RECOGNITION OF BOY SCOUTS VII. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. VIII. CONSENT AGENDA A. CONSIDER: Cooperative Purchase of Sideloader and Transfer Tractor for Sanitation Department Green Tab III B. CONSIDER: Bid #05-20, Type "D" Hot Mix Asphalt for Repaving Project and Reject All Bids for Bid #05-19 Green Tab IV C. CONSIDER: Update for Third Quarter Strategic Goals Smith Tab V D. CONSIDER: Approval of City Council Meeting Minutes for October 4, 2005 Wilson Tab VI IX. MAIN AGENDA A. DISCUSS: Dates for Council Availability for FEMA Training Ledbetter Tab VII B. CONSIDER: Right-of-Way License Agreement for 3557 Centenary Corder Tab VIII C. CONSIDER: Agreement with Schrader & Cline, LLC for Consulting Services Related to Possible Creation of Tax Increment Reinvestment Zone Livingston Tab IX D. CONSIDER: Resolution Approving Cities Aggregation Power Project Efforts to Negotiate Capacity Contract for Future Electric Supply Austin Tab X E. CONSIDER: Right-of-Way License Agreement with Southern Methodist University for 6000 Airline Road Corder Tab XI F. CONSIDER: Report Regarding Building and Zoning Standards to Regulate Size of Single Family Homes Persaud Tab XII As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda items listed herein. Presented to For exceptional service and professionalism on behalf of those in need following Hurricane Katrina. H. III, O_l Presented to For exceptional service and professionalism on behalf of those in need following Hurricane Katrina. H. HOlmes, Cer . Presented to For exceptional set,Ace and professionalism on behalf of t/nose most in need following Hurricane Katrina. Cereal. Presented to For exceptional service and professional/sm on behalf of those rnost in need follovAng Hurricane Katrina. AGENDA MEMO (10/17/05 AGENDA) DATE: TO: FROM: SUBJECT: October 11, 2005 Honorable Mayor and City Council Christine Green, Purchasing Agent Cooperative Purchase of Sideloader and Transfer Tractor for Sanitation The Sanitation Division budgeted to purchase an eight-yard sideloader and a truck tractor. These vehicles are available through the Texas Local Government Statewide Purchasing Cooperative, also known as the BuyBoard. Jim Gau, Fleet Manager, received the following quotes: Sideloader GMC Cab and Chassis quoted by Rush Truck Center $29,994.00 Wayne Eight-Yard Sideloader quoted by Equipment Southwest Inc. $35,748.38 TOTAL COST $65,724.38 The new sideloader will replace Unit #06091, a 1998 Isuzu sideloader. The 1998 unit will be transferred to the Parks Department. The City purchased the 1998 unit for $41,211.00. The new unit costs $24,513.38 more, an increase of 59% over the past seven years (8% increase per year). Transfer Tractor 2006 Mack CV713 Granite Cab & Chassis quoted by Dallas Mack Sales $89,700.00 The new transfer tractor will replace Unit 1618, a 1990 Ford LTS 9000. This unit will be sold at auction. In December 2003, the City purchased two identical transfer tractors at $78,500.00 each. The new unit costs $11,200.00 more, an increase of 14% (7% per year) over the last purchase. RECOMMENDATION: Staff recommends purchase of the sideloader in the amount of $65,724.38 and the transfer tractor in the amount of $89,700.00. Purchases made through the BuyBoard satisfy all competitive bidding requirements. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK31\BuyBoard Purchase for Sanitation memo 2005.doc 12:54 PM 10/12/05 AGENDA MEMO (10/17/05 AGENDA) DATE: October 11, 2005 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Bid #05-20, Type "D" Hot Mix Asphalt for Repaving Project And Reject All Bids for Bid #05-19 AWARD BID #05-20 Bid #05-20 for the purchase of type "D" hot mix asphalt was opened October 6th. This bid was posted on RFP Depot: 62 vendors received e-mail or fax notice about the bid; 15 vendors viewed the bid; two vendors returned bids. Austin Bridge and Road submitted the low bid of $34 per ton (picked up by the City). This is a $7 per ton increase over the last contract issued in June 2003. The estimated total of this contract is $121,550.00 based on a usage of 3575 tons. This asphalt will be used by Cutler Repaving for the repaving project scheduled to begin later this month. The bid price of $34 per ton is guaranteed only for 30 days. REJECT BID #05-19 Bid #05-19 was issued August 19th as an annual contract for asphalt with a one-year guaranteed price. Hurricane Katrina happened just before the bid opening date of September 2nd, SO we received an inflated bid of $36.50 per ton from Austin Asphalt. APAC submitted a "no bid" because they wouldn't guarantee any price for a year. Staff decided to seek new bids (Bid #05-20) to get a short-term price for the asphalt needed to complete the repaving project in October-November. RECOMMENDATION: Staff recommends the following: · Accept the low bid (Bid #05-20) of Austin Bridge and Road for the purchase of asphalt in the amount of $34 per ton. A bid tab with price history is attached. · Reject Austin Bridge and Road's bid for Bid #05-19. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 SEALED BID #05-20, TYPE "D" HOT MIX ASPHALT FOR REPAVING PROJECT OPENED 10/6/05, 2:00 P.M. 1. APAC-Texas, Inc. 2. Austin Bridge and Road DESCRIPTION QTY. UNIT UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE Type "D" Hot Mix Asphalt - Picked Up 3575 TON $ 40.80 $ 145,860.00 ]$ 34i00j$ ~2~;ss0i00j ESTIMATED ANNUAL TOTAL (PICKED UP PRICE) RFP DEPOT STATISTICS: 62 vendors received e-mail or fax notice of the bid 15 vendors viewed the bid PRICE HISTORY: 2003-2005 price: $27.00 (picked up) 2003-2005 vendor: Austin Bridge and Road 2001-02 price: $26.00 (picked up) 2001-02 vendor: APAC-Texas, Inc. 2000 price: $25.00 (picked up) 2000 vendor: Austin Asphalt 1999 price: $21.00 (picked up) 1999 vendor: APAC-Texas, Inc. 1998 price: $20.50/ton (picked up) 1998 vendor: APAC-Texas, Inc. 1997 price: $19.95/ton (picked up) 1997 vendor: Marock, Inc. AGENDA MEMO (10/17/05 AGENDA) DATE: October 12, 2005 TO: Honorable Mayor and City Council FROM: Kate Smith, Administrative Assistant SUBJECT: Third Quarter Strategic Goal Update On December 14, 2004 the City Council adopted 6 strategic goals and objectives. Upon adoption of the goals, a responsibility chart was created to track the progress of goal and objective achievement. Attached is the third quarter update for 2005. The responsibility chart includes information to date regarding staff that has primary and secondary responsibility for goal accomplishment, status, timeline and comments. An updated version of this chart will be presented again to Council next quarter. Below is a brief overview of the goal objectives. For more detail on each, see attached chart. Objectives Completed Objective 3.1 Develop a plan to recognize model citizens in our community. Objective 5.2 Evaluate the need for a specific position on City staff to manage website and cable channel content, handle media contacts, community relations, and produce publications. Objective 6.1 Consider citywide program for sidewalk maintenance. Objectives In Progress Objective 1.2 Communicate traffic realities. Objective 2.2 Objective 3.2 Objective 4.1 Objective 4.2 Objective 4.3 Objective 5.1 Objechve 6.3 Develop a Master Plan for Snider Plaza and Miracle Mile areas. Develop a New Resident Orientation program. Identify initiatives based on recommendations from the Park Advisory Committee. Develop a unified design and standards for entrances to the City. Install attractive uniform signs in each park that give park history, regulations, and hours. Assess the effectiveness of current communication methods and make recommendations for improvements. Implement customer service/work order system (3-1-1 project). Objectives Not Started 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Objective 1.1 Develop traffic and parking improvements. Objective 2.1 Study feasibility of undergrounding Lovers Lane in Miracle Mile. Objective 6.2 Conduct study of improving restrooms in the parks. ATTACHMENTS: 2005 Third Quarter Strategic Goals Responsibility Chart 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 University Park Strategic Goals Responsibility Chart 2005 Third Quarter Update Item Primary Secondary Number Goals and Objectives Responsible Responsible Status Timeline Bud Smallwood 1.1 Develop traffic and parking improvements. Chief Adams Consultant Not Started Late 2005 1.2 Communicate traffic realities. Bud Smallwood Steve Mace In progress Ongoing Study feasibility of undergrounding Lovers Lane in Bob Livingston 2.1 Miracle Mile. Bud Smallwood Consultant Not Started Late 2006 Develop a Master Plan for Snider Plaza and Miracle Snider Plaza 2.2 Mile areas, including: Bob Livingston Bud Smallwood phase in progress 2005-2006 2.2.1 Engage planning consultant for Snider Plaza. Bob Livingston Bud Smallwood Done Engage planning consultant for Miracle Mile. Bob Livingston Bud Smallwood Not Started Late 2006 Summer 2005 Bob Livingston through early 2.2.2 Survey Snider Plaza businesses to get input. Consultant Bud Smallwood In progress 2006 Bob Livingston Survey Miracle Mile businesses to get input. Consultant Bud Smallwood Not Started Late 2006 Page 1 of 6 University Park Strategic Goals Responsibility Chart 2005 Third Quarter Update Promote joint meetings with Snider Plaza business Bob Livingston Late 2005 to 2.2.3 owners and get consensus on the plans from citizens. Consultant Bud Smallwood Not Started early 2006 Promote joint meetings with Miracle Mile business Bob Livingston owners and get consensus on the plans from citizens. Consultant Bud Smallwood Not Started Late 2006 Develop a plan to recognize model citizens in our 3.1 community. Bob Livingston Kate Smith Done 3.2 Develop a New Resident Orientation seminar. Bob Livingston Kate Smith In progress Late 2005 Identify initiatives based on recommendations from 4.1 the Park Advisory Committee. Park Board Gerry Bradley In progress Ongoing Develop a unified design and standards for entrances 4.2 to the City. Gerry Bradley Park Board In progress Late 2005 Install attractive uniform signs in each park that give 4.3 park history, regulations, and hours. Gerry Bradley Park Board In progress Fall 2005 Page 2 of 6 University Park Strategic Goals Responsibility Chart 2005 Third Quarter Update Assess the effectiveness of current communication methods and make recommendations for Steve Mace/Kate 5.1 improvements. Bob Livingston Smith In progress Fall 2005 Evaluate the need for a specific position on City staff to manage website and cable channel content, handle media contacts, community relations, and produce 5.2 publications. Bob Livingston Kate Smith Done Consider citywide program for sidewalk Bob Whaling 6.1 maintenance. Bud Smallwood Robbie Corder Done 6.2 Conduct study of improving restrooms in the parks. Gerry Bradley Park Board Not Started Late 2005 Robbie Corder (Cartegraph) Implement customer service/work order system Jim Criswell 6.3 (3-1-1 project). Luanne Hanford (IT) In progress Late 2005 Page 3 of 6 MINUTES #2520 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, OCTOBER 4, 2005, 5:00 P.M. Mayor Blackie Holmes opened the meeting of the city council at 5:00 p.m. in the Council Chambers. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter and Kelly Walker. Councilmember Harry Shawver was absent and excused. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION DEPARTMENT PIN FOR RECEPTIONIST ANN BRAY: City Manager Bob Livingston presented a 10-year department pin to Mrs. Bray expressing appreciation for her service to the city. PRESENTATION OF CERTIFICATES OF APPRECIATION: Councilmember Walker presented certificates to Elizabeth Hand, Caroline Porter and Stephanie Carvell for their efforts in aiding victims of Hurricane Katrina by collecting diapers for evacuees. Two suburbans were filled with diapers as a result of their efforts. RECOGNITION OF BOY SCOUTS: Four boy scouts introduced themselves and announced the badges upon which they were working: John Robert Teeter, 3309 Colgate; Paxton Drake, 4115 Stanford; Brooks Alexander, 4305 Stanhope and John Drinkwater, 6307 Preston Parkway. Mayor Pro Tem Roberts moved acceptance of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER CHANGE ORDER #1 FOR TRANSFER STATION IMPROVEMENTS, PROJECT 4361: The finn of Cates, Courtney, & Roebuck, L.P., in making improvements to the sanitation transfer station at 2525 University Boulevard, uncovered additional areas of metal decay on the structure that could not be observed until part of the structure was dismantled. The additional work is necessary to make the facility structurally sound and involves the removal and replacement of several sections of structural steel. The total cost will be $13,090. CONSIDER FINAL PAYMENT TO DURABLE SPECIALTIES, INC. FOR TRAFFIC SIGNALS AND FOUNDATIONS FOR ANTIQUE STREET LIGHTS, PROJECT 42730: The payment is in the amount of $15,200.67. Traffic signals were installed at the intersections of Lovers Lane and Boedeker, Airline, Hillcrest and Dickens, as well as, the intersection of Hillcrest and Southwestern. Foundations for antique street lights were installed at the intersections of Lovers Lane and Willard, Cleburne, Boedeker, Durham, Dublin, Airline, Athens, Hillcrest, Snider Plaza, and Hursey. CONSIDER AMENDMENT AND RENEWAL OF ANNUAL DALLAS COUNTY INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL PROGRAM FY06: The proposed Interlocal Agreement with Dallas County is an annual renewal of the Household Hazardous Waste Disposal Program. Residents of the city have used either local events held quarterly in one of the local communities or the Home Chemical Collection Center on Plano Road to dispose of their paint, herbicides, pesticides, etc. The city's annual contribution to the program is $25,000. This year's renewal includes an amendment to the agreement reflecting changes in the effective term and fiscal year budget. The changes are largely procedural and represent no change in the level, type or cost of the services provided. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For September 20, 2005. MAIN AGENDA CONSIDER ORDINANCE AMENDING DEFINITION OF REAL ESTATE SIGNS: The current definition of a real estate sign provides a description of specific information which may be posted on "For Sale", "For Lease" and "For Rent" signs within the city as follows: "A description of the premises offered for sale, lease, or rent; special facilities or appurtenances; and the name, address and telephone number of the owner, broker, or other person offering the same for sale, lease, or rent. The sign may include information with respect to the availability of special financing". Realtors have been posting additional information on the signs relating to the status of the sale, such as "Sold" and "Contract Pending". This additional information is usually added in the form of a hanger or rider which increases the size and height of the sign. The amended definition is intended to clarify the sign ordinance by including the status of the sale in the description. Councilmember Walker moved approval of the ordinance. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the amendment to the definition of a real estate sign. ORDINANCE NO. 05/37 AN ORDiNANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, SIGN REGULATIONS, BY AMENDING SECTION 12.202 TO AMEND THE DEFINITION OF REAL ESTATE SIGN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PROGRAM FOR MARKERS AT CITY ENTRANCES: The program will install visual markers at secondary street entrances into the city. Council requested staff obtain a proposal from an architectural firm regarding concept and style. CONSIDER ORDINANCE FOR NO PARKING, EAST SIDE, 6600 BLOCK AIRLINE, DANIEL NORTH TO ROSEDALE: The neighborhood requested the entire block along the east side of Airline, from Daniel north to Rosedale, be designated no parking. The 6600 block of Airline currently has no parking restrictions with the exception of two parking spaces mid-block. The elimination of the two spaces will also assist in enforcement consistency. Councilmember Carter moved approval of the ordinance. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve no parking on the east side of the 6600 block of Airline from Daniel north to Rosedale. ORDINANCE NO. 05/36 AN ORDiNANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF THE 6600 BLOCK OF AIRLINE AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 17th day of October 2005. ATTEST: James H. Holmes III, Mayor Nina Wilson, City Secretary AGENDA MEMO 10/17/05 October 12, 2005 TO: Honorable Mayor and City Council Members FROM: David L. Ledbetter, Fire Chief RE: Dates for FEMA Training The Information Services Department has contracted with PC Rentals Company to provide twenty computers for the upcoming FEMA training that will be conducted by Fire Department personnel. The training dates are October 31, 2005 through November 11, 2005, and will be held at the Peek Service Center training room. There will be a minimum of two classes held each of those days to train City personnel that have not been able to complete the course. Each class should last no more than 2 - 21/2 hours. The training will concentrate on the IS-700 National Incident Management System (NIMS) online course, which is mandated by the Homeland Security Presidential Directive 5 and abides by the City Ordinance passed by the City Council on April 5, 2005, that adopts ICS/NIMS as the model for incident management in times of disaster. Completion of this course is mandatory for Mayor Holmes; however, during the pre- session meeting of the City Council each member expressed the need for all members to take the course and become familiar with the National Incident Management System. The staff is at your disposal and will conduct the course at your convenience as a group or individually per your decision. In order to accommodate you please consider whether you wish to take the course as a group or on an individual basis and what dates will be the most convenient for you. Classes will begin at 8:00 a.m. for the morning sessions until finished and at 1:00 p.m. until finished for the afternoon session. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK31~AGENDA MEMO on IS700 Training.doc 1:08 PM 10/12/05 AGENDA MEMO (10/17/05 AGENDA) DATE: TO: FROM: SUBJECT: October 11, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works ROW License Agreement: 3557 Centenary ITEM: The property owner of 3557 Centenary has begun construction of single family home designed with a basement. Section 3.103, Amendments to the Building Code, contains language in Section 1803.3.1, Drainage requirements, that requires all basements or below grade construction in residential units to contain drainage systems that must be drained through enclosed pipe into the City's storm water drainage system. The closest storm sewer inlet for this property to use is at the intersection of Centenary and Turtle Creek Boulevard, approximately 1,000 feet to the east. Rather than open a trench to bury the drainage line, the builder has proposed a directional bore in the City's ROW. The bore will go under all driveways, trees, and irrigations systems in the parkway. Due to the distance involved in the bore, the city has required the builder to abide by the following additional requirements: · Drainage line must remain 3 feet deep along all points of the bore; · Builder must test all sprinkler systems along south side of Centenary; · Tracer wire must be attached to drainage pipe to allow for future locates; and · Builder must provide specific drawings indicating where the line is in relation to the back of curb along Centenary. This item was tabled at the September 20, 2005 Council meeting to gain additional information regarding insurance requirements. Staff discussed potential insurance requirements with Mr. Frank Swingle, Chairman of the Property Casualty & Liability Insurance Committee. His recommendation to staff regarding license agreements for subsurface drains included a homeowner's policy and a certificate of liability insurance from the contractor. In addition, Mr. Swingle recommended the City require the license agreement to be recorded against the property. The property owner has agreed to provide a homeowner's policy and proof of the recording once the house has been constructed. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK31\Lic Agreement 3557 Centenary.doc 2:47 PM 10/11 Final inspection of the property will not be approved until the property owner has provided staff sufficient documentation for the insurance and recording. RECOMMENDATION: Staffrecommends approval of this ROW license agreement. ATTACHMENTS: License Agreement and Addendum Letter 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK31\Lic Agreement 3557 Centenary.doc 2:47 PM 10/11 LICENSE AGREEMENT CITY OF UNIVERSITY PARK This License Agreement (the "Agreement") effective as provided herein (the "Effective Date"), is between the City of University Park, a municipal corporation (the "City"), and Andrew Stevens (the "L/censee"). RECITALS WI-IEREAS, the Licensee desires to place, install, and maintain 4" Drain Line for Sump Pump from the comer of Centenary and Thacker¥ to Centenary and Turtle Creek ("the Improvements") in, under, or upon City right-of-way, easement or property (the "Property"), to benefit the Licensee's premises at 3557 Centenary , University Park, Dallas County, Texas (the "premises"); and WI-[EREAS, such Improvements are more specifically shown on Exhibit "A" attached hereto, for the purpose of sump pump drain for the premises; and WHEREAS, the City desires to grant Licensee the privilege to place, install, remove and maintain the Improvements in the City right-of-way, easement or property depicted in Exhibit "A" upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licensee agree as follows: 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 as permitted herein, may place, install, and maintain on the Property the Improvements to be used exclusively for the benefit of the premises. II. CONDITIONS PRECEDENT AND EF~CTIVE DATE g00~ ~hWd X&ISSHAIN~ 6GO~ LR6 Pig 2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Cormnunity Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and installation of the Improvements. 2.2 Review by City. The Community Development Manager or his representative and the Director of Public Works or his representative shall review the plans and make modifications to the plans that they, in their sole discretion, consider 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 last one of either the Community Development Manager or his representative or 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 reasonable notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the modification(s) or amendment(s). III. INDEMNIFICATION AND INSURANCE 3.1 Liabilities, Losses, or Damages. Licensee ag~ees to indemnify and save harmless the City from any liability, claims or damages the City may suffer as a result of any claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys' fees, arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements. 3.2 Period Covered. The indemnity provided by this Agreement will extend from the date of this Agreement to the Terminati. on of this Agreement. 3.3 Expenses, Attorneys' Fees, and Costs. If the City, in the enforcement of Paragraph 2.3 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 incm'ring 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 incm'red 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 the date such expenses or costs are incurred, or such sums are paid. 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 indemnified by the Licensee hereunder. g00~ )PdYd J~LIS~AINfl 66~ gg6 ~[~ lWd ~g:L0 ~£ ~0/£~/§0 3.6 Limitation on Liability. The City and the Licensee agree that the provisions of Article I1 of this Agreement shall not in any way limit the liability of the Licensee. 3.7 Insurance. The Licensee agrees to carry and maintain, during the entire term of this Agreement, the following insurance policies: Commemial General Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code, as amended; and Bo Personal 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 Licensee or termination of any coverage, IV. ASSIGNMENT 4.1 Nonassignable. This License is personal to the owner of the premises at 3557 Centenary (the "property"). It is non-assignable, except when the property for which this License is granted is 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. 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 ~00~ Mh'-¥d %&ISMMAIN~ 66~ LB6 ~IZ Y¥d Lg:lO MfLL ~O/LZ/60 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. 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 and 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 notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. 6.8 Recording. The Licensee must record this License with Dallas County and provide written documentation that such recording has been completed. If to the City: City Manager If to Licensee: City of University Park 3800 University Blvd. Box 8005 University Park, TX 75205-0005 Andrew Stevens ~00~ hqtl/d X&IS~A. INfl 66~ L~6 Jig I'V~ Sg:L0 ~flJ, ~O/Lg/60 IN WITNESS WHEREOF, the City and the Licensee, each acting through its respective duly authorized representative has caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX 75205 By: Printed Name: Title: Mayor Date: James H. Holmes III By: Printed Name: Title: Date: g00~ ~ttYJ X&IS~SAI~ 66tg £~6 rig XYd 9g:LO ~ fiO/Lg/§O ACKNOWLEDGMENTS STATE OF TEXAS CITY OF DALLAS, TEXAS COUNTY OF DALLAS ) This instrument was acknowledged before me on the ~(~day of ~~A.. , 2005, by~%_._~~ , on behalf of such property owner at 3557 Centenary, University Park, Texas. ~.!~ ,,,.,%,%,~ OctoOer ~, 2008 JF .,.s/' ) Public, State of Texas STATE OF TEXAS CITY OF UNIVERSITY PARK, TEXAS COUNTY OF DALLAS ) This instrument was acknowledged before me on the , 2005, by , Mayor of the UNIVERSITY PARK, TEXAS, a home-rule municipal behalf of such corporation. day of CITY OF corporation, on Notary Public, State of Texas L00[~ )[~{Vd A~LIS~IHAINfi 661~ L~6 l~Ig XV~ ~£:L0 .WfLL ~O/Li:/60 From: Linda Stalder At: Hotchkiss insurance Agency FaxlD: 972-512-7799 To: Grant Date: 9114/2005 04:01 PM Page: 1 of I ACORD. CERTIFICATE OF LIABILITY INSURANCE OP,D DATE,M.,DD , Y-J~_ ~8 -2 / 09/14/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hotchkiss Insurance Agency, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4120 International Pkwy. #2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Carrollton TX 75007 Phone: 972-512 -7700 Fax: 972-512-7799 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: H'id-Cont'inent Casualty Co ~NSURERB: Oklahoma Surety Co Emerson Residential, LP ~NSURERC: 3415 Westminster, Suite 206 INSURERD: Dallas TX 75205 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11~1~1~ ~,uu'l. POLICY I~I-I-~CTIVE POLICY EXPIRATION LTR INSR£ TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL L lABiLiTY 04GL000601825 04/29/05 04/29/06 PREMISES (E~ occurence) $ 100000 J ClAiMS MADE X~J OCCUR MED E,~ (A~y one person) $ Excluded PERSONAL & hDV iNJURY $ 1000000 X EIFS/Lead/Mold Ex GENERALAGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/DP AGO$ 2000000 ~ ROLICY ~PRO- JECT [~] LOC AUTOMOBILE LIABILITY -- COMB[NED SINGLE LIMIT $ 1000000 5 ANY AUTO 040A002735684 04/29/05 04/29/06 CEo accident) ALL 0%%1E0 AUTOS -- BODILY INJURY SCHEDULED AUTOS (Per per, chi Z HIRED AUTOS -- BODILY INJURY X NON-OWNED AUTOS (Per accident) $ -- PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER T~',4 EA ACC AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR [] CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ ' DR ERSCOMPENSATIONANO I TOR¥.MITS I' EMPLOYERS' LIABILITY ANY RROPR]ETOR/PARTNER/E~ECUTIVE EL- EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE If ye~. descdbe under SPECIAL PROVISIONS below E L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 214-692-7073 Grant. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION CITYUN1 City of University Park Bud Smallwood 4420 Worcola Dallas TX 75206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRi'T'rEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANy KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES, ACORD 25 (200'1/08) © ACORD CORPORATION t988 Emersorl' RESIDENTIAL September 14, 2005 City of University Park 3800 University Blvd University Park, Texas 75205-1711 Re: 3557 Centenary Dear Robbie Corder: Please be advised that Emerson Residential, LP agrees to do the following on the above referenced property. · The drain line will be 3 feet below the sidewalk. · A tracer wire will be added to the drain line. · A licensed irrigation company will test the irrigation system on the block and will repair any damage to the irrigation system that may occur after the installation of the drain line. · Emerson Residential, LP will provide an as built boring plan. If you should have any questions regarding this matter please do not hesitate to call me at 214-460-0473. Thank you for your attention to this matter. r~an~t Ge. mster Emerson Residential, LP Specialists in Design and Craftsmanship of Distinctive Custom Homes 3415 Westminster, Suite 206 ' Dallas, TX 75205 · 214.692.7070 · Fax 214.692.7073 · emersonresidential.com AGENDA MEMO (10/17/05 AGENDA) DATE: TO: FROM: October 5, 2005 Honorable Mayor and Members of the City Council Bob Livingston SUBJECT: Approval of an Agreement with Schrader & Cline, LLC for Consulting Services Related to the Possible Creation of a Tax Increment Reinvestment Zone In order accomplish many of the possible alternatives regarding the Snider Plaza/Hillcrest Master Plan, some expenditure of public and/or private funds will be necessary. I have discussed this with Townscape stafl] who is leading the planning process. We both feel the feasibility of a Tax Increment Reinvestment Zone (TIFZ) should be evaluated as a possible funding alternative. I have solicited a proposal from Schrader and Cline, LLC. This firm has played a role in the development of TIFZs throughout the Dallas - Ft. Worth area. They are the logical choice to provide both the evaluation ofa TIFZ's creation and development of the plan and related documents ifa decision is made to move forward. The proposal, as drafted, is in three action sequences: · Initial Analysis (Most of which is already accomplished) · Meeting and Negotiations with other taxing jurisdictions · Creation of the TIFZ. The fee for the work is detailed in the attached proposal. It will in no case exceed $30,000 plus expendables. Work can be halted at the point it becomes apparent that creation of the TIFZ is not economically feasible. If that decision is reached, the City's exposure will be for the actual hours of work performed by the consultant to that point. If the TIFZ is feasible and is implemented, the cost of the contract can be charged back against the TIFZ. RECOMMENDATION: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 U:\Docs\Livingston\SNIDERTIF 100505.doc 8:46 AM 10/06/05 It is recommended that the City Council approve the Agreement. If you have questions, please let me know. ATTACHMENTS: Proposed Agreement Program Calendar 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 U:\Docs\Livingston\SNIDERTIF 100505.doc 8:46 AM 10/06/05 October 5, 2005 SCHRADER & CLINE, LLC Mr. Bob Livingston City Manager City of University Park 3800 University Boulevard University Park, TX 75205 Dear Mr. Livingston: We appreciate very much our recent visit with you, members of your staff and Dennis Wilson, and the privilege of offering the services of Schrader & Cline, LLC to the City of University Park. Thank you for the opportunity to present this proposal to assist you in the effort to establish and implement a Tax Increment Reinvestment Zone (TIRZ) in the Snider Plaza area of the City of University Park. SERVICES: I understand that during this engagement we will: 1. Be responsible to you, perform under your direction, and receive assignments from you; 2. Assist you with advice and counsel as follows: Based on re-development information provided by you and/or Dennis Wilson, determine the potential value of a TIRZ Fund (including potential participation by other taxing jurisdictions); If the TIRZ Fund value appears to be sufficient to fund the necessary public improvement infrastructure (primarily parking), meet with you and representatives of other taxing jurisdictions; ~ If other taxing jurisdictions agree to participate in a TIRZ with sufficient tax increment, assist the City in preparing the case for approval of the TIRZ, including the financial analyses to demonstrate viability, preparation of exhibits, and other documentation required by the City and State statute; and ~ Meet with City and other taxing jurisdictions as required. 3. Have the services of you, your staff; and other consulting firms retained by you; and 4. Perform this work with the objective of creating the Zone at the earliest possible date. I understand that this engagement is for the services of our firm and will include both Larry D. Cline and myself commenced on September 22, 2005, and will continue until completion and submission of the 4800 BROADWAY ST. STE A ADDISON, TEXAS 75001 TEL: 972 661 1973 FAX: 972d86 8008 E-MAIL: schcli~swbeS, net TIRZ request to the City of University Park or cancellation by either party with fifteen (15) days written notice. Should the engagement be terminated for abatement, abandonment of the project, or for any other reason, Schrader & Cline, LLC shall be compensated for work performed at the rates provided for in this agreement. COMPENSATION: For the services of both Larry D. Cline and myself, the City of University Park will pay us on an hourly basis at the rate of $225/hour for George R. Schrader, $200/hour for Larry D. Cline and $30/hour for our administrative assistant. For the services outlined above, our fee for each phase is estimated to be: Initial Analyses: · Meet with staff and Dennis Wilson to understand issues and purpose. · Assemble potential development value increases and expected cost of public facilities. · Complete an analysis of expected Reinvestment Zone income with City and other taxing jurisdictions participation. Meet with staff to review results of analysis. Hours Fee George R. Schrader 8 $1,800 Larry D. Cline 16 3,200 TOTAL $ 5,000 Meetings and Negotiations with other taxing jurisdictions: · Meetings with City staff and other taxing jurisdictions staff to discuss policies, the analysis and any other funding ramifications. · Complete any potential changes to analysis required by City or other taxing jurisdictions. Final meeting with other taxing jurisdictions. Hours Fee George R. Schrader 6 $1,350 Larry D. Cline 8 1,600 TOTAL $ 2,950 Say $ 3,000 Creation of TIRZ: · Completion of activities on attached TIRZ Program Calendar not already completed in previous work. Hours Fee George R. Schrader 16 30 $ 3,600 - 6,750 Larry D. Cline 42 76 8,400 - 15,200 TOTAL $12,000- 21,950 Say $12,000- 22,000 4800 BROADWAY ST. STE A ADDISON, TEXAS 75001 TEL: 972 661 1973 FAX: 972~386 8008 E-MAIL: schcli~swbell, net Should it appear our fee for any phase will be exceeded, we will advise you and you may determine if we should continue. In addition, should all three phases be completed, Schrader & Cline agrees to a "Not-to-Exceed Fee" of $30,000 plus expenses. We will maintain accurate and complete records of time spent on this project and will compare our costs with the "Not-to-Exceed Fee". If total billings for all work to be performed are less than the "Not-to-Exceed Fee", Schrader & Cline will be paid a "Success Fee" of one-half (1/2) of the difference between the total billings and the "Not-to-Exceed Fee." As a reminder, if the entire process is completed, and a TIRZ is created, our fees and expenses are reimbursable to you from the TIRZ Fund. OTHER REIMBURSEMENTS: In addition to the hourly fee, the City of University Park will also reimburse: Any incidental out-of-pocket expenses: Courier fees, long-distance telephone calls, parking fees, auto travel at the current IRS allowable rate for any non-Dallas area trips, substantial copying, etc.; You will approve any other expenses prior to their being incurred. INVOICING: Invoices will be submitted on the first of the month for services in the previous month, with payments to be received within 15 days of date of invoice. o Payment not received within 30 days of date of invoice will be increased by 1.5% per month. If these terms are in need of further discussion or clarification, telephone me at 972-661-1973 please. Otherwise, please acknowledge your acceptance in the space provided and retum a copy to me with an initial engagement draw of $2,500.00 to be applied to the fee with our final invoice. We are complimented by your interest in our services and we appreciate this opportunity to be considered by the City of University Park. Sincerely, George R. Schrader Accepted: Date: Bob Livingston 4800 BROADWAY ST. STE A ADDISON, TEXAS 75001 TEL: 972 661 1973 FAX: 972d86 8008 E-MAIL: schcli~swbell, net SCHrADeR & CLIN~, LLC TAX INCREMENT REINIZES TMENT ZONE Program Calendar City of University Park TIRZ- Snider Plaza Area DEVELOPMENT OF TIRZ PROGRAM · Collect data (Completed) · Determine boundary (Completed) · Develop preliminary project list of infrastructure improvements (Completed) · Develop pro forma land use plan, if needed (Completed) · Develop preliminary forecast of new and accelerated private development (Completed) · Complete preliminary feasibility study and financing plans (Completed) · Develop legal or general description of final boundary · Preparation of legal documents · Review with City Staff Council briefing on TIRZ Proposal CREATION OF THE ZONE Council approves "Notice of Intent" and sends to other jurisdictions, including preliminary plans and request to appoint representative Briefing of taxing jurisdictions' designated representatives Formal presentations to other taxing jurisdictions City Council, by Ordinance, establishes the Zone, authorizes a Board of Directors, creates TIRZ Fund ESTABLISHMENT OF TIRZ ORGANIZATION AND FINAL PLAN Notify jurisdictions of creation/request Board nomination for appointment Draft Board Bylaws / Organize Board Development of Project & Financing Plan Organizational Board Meeting Board of Directors reviews and finalizes: · Project Plan · Feasibility Studies · Finance Plan Council approves final Project and Financing Plan AGREEMENTS WITH OTHER TAXING JURISDICTIONS AGENDA MEMO (10/17/2005 AGENDA) DATE: TO: FROM: SUBJECT: October 12, 2005 Honorable Mayor and City Council Kent R. Austin, Director of Finance Resolution approving Cities Aggregation Power Project (CAPP) efforts to negotiate capacity contract for future electric supply Background/Analysis University Park has been a member of CAPP since its formation in 2001. CAPP has successfully pooled the electric loads of its 80 member cities and obtained electric rates 20% lower than the regulated rate. Electric rates have risen sharply in the last year. Below are the CAPP energy contract prices per kilowatt hour (kWh): · 2002 $0.04000 · 2003 $0.04320 · 2004 $0.04994 · 2005 $0.06840 first sixmonths · 2005 $0.06600 second sixmonths CAPP estimates that the price of electricity for a 2006 contract written now would be $0.082. The key factor for electric prices in Texas since deregulation began is not supply and demand or generating capacity, but natural gas futures prices. CAPP's Board and consultants believe that, "unless CAPP begins the process of moving at least some of its members' energy requirement fulfillment to coal-fired generation in the near future, the long-term impact of gas prices on electricity costs could be devastating." A model staff report from CAPP is attached. CAPP now proposes to secure capacity from a coal-powered plant to supply the base load power needs (about 55%-60% of total energy needs) for CAPP members over a 10-year period. Each member city would commit to a 10-year electric supply agreement. CAPP would sell bonds to finance the purchase of the capacity. Even with the debt service included, the price of power is forecasted to be lower than prices in a natural gas-driven market. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK31~Agenda memo CAPP capacit~ suppod 10- 12-05.doc 2:44 PM 10/12/05 Reconunendation The CAPP Board is asking member cities to approve a resolution supporting the efforts to secure long-term electric supply. Approval of the resolution does not commit the City to anything contractually. An appropriate contract would be brought back to the City Council for final consideration City staff recommends approval of the proposed resolution. Attaclunents: · Model staff report · Resolution approving CAPP's efforts to negotiate a capacity contract 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK31~Agenda memo CAPP capacit~ suppod 10- 12-05.doc 2:44 PM 10/12/05 RESOLUTION APPROVAL OF CITIES AGGREGATION POWER PROJECT'S LETTER OF INTENT TO ENTER INTO NEGOTIATIONS FOR A CAPACITY CONTRACT V/II'ti THE OWNER OF COAL (INCLUDING TEXAS LIGNITE) GENERATION TO SUPPLY THE BASE LOAD ELECTRIC POWER NEEDS (APPROXIMATEI~Y 55%-60% OF TOTAL ENERGY NEEDS) FOR CAPP MEMBERS OVER A 10-YEAR PERIOD WHEREAS, the City of ("City") is a member of Cities Aggregation Power Project. Inc. (,CAPP") and said membership has resulted in average annual energy savings over 20% off of the Public Utility Commission ("PUC") approved price to beat; and WHEREAS, all retail power bids from various Retail Electric Providers (REPs) in the deregulated electric retail market have been directly linked to natural gas futures prices; and WHEREAS. natural gas Faces have been extremely volatile and have caused substantial increases in the price of electricity paid by the City; and WHEREAS, CAPP is in the process of negotiating a 10-year capacity supply contract for the city's base load electric needsi (approximately 55% of the city's total electric energy needs) for a fixed price that should provide considerable economic benefit and greater price stability in comparison to traditional energy contracts with REPs; and WHEREAS, coal-fired capacity in Texas available to retail load is scarce and the situation giving rise to the Letter of Intent reflects a tmique oppomm/ty for CAPP members to increase savings and reduce electric price volatility; and WHEREAS, the owner of the coal capacity needs a letter of intent by the end of September 2005 and desires completion of a contract by December 31, 2005. THEREFORE BE IT RE~OLVED BY THE CITY COUNCIL OF THE CITY OF THAT: 1. The efforts of the CAPP Board to secure coal capacity for the City of 's base load electric capacity needs for a fixed price for a l 0-year period commencing in the 4t~ quarter of 2007 m'e hereby ratified. 2. The City of endorses the CAPP Board committing to a letter of intent to contract for coat capacity with the understanding that: (1) CAPP will provide proof of economic benefit of coal iapaeity and energy fi'om a coal and gas mix in comparison to exclusive reliance on energy priced ~n 100% gas generation coupled with a conservative forecast of natural gas prices; (2) the City of will have an opportunity to review and approve or reject a 10-year e0nlractual agreement to supply all the city's power needs; and (3) CAPP will issue bonds to seeu~ funding of amounts necessary to prepay the capacity portion of the coal supply contract. Signed this day of ,2005. ATTEST: Mayor City Secretary MODEL STAFF REPORT The Local Government Code was amended in 1999 to provide for creation of political subdivision corporations with all the powers of Texas non-profit corporations. The specific purpose of political subdivision corporations is to aggregate the electric load of all member political subdivisions and to contract for power on behalf of all members. Cities Aggregation Power Project, Inc. (CAPP) of which the City of is a member, was created in 2001 to prepare for electric deregulation effective January 1, 2002. Since that date, CAPP has delivered on average more than 20% savings per year when measured against prices the City would have paid if the City had stayed on the regulated price to beat (PTB) offered by incumbent utilities through affiliated retail electric providers (REPs). Despite well-timed and executed contracts that have delivered significant savings off the PTB, electricity costs have climbed steadily upward with adverse impact on city budgets. Prices have increased because of the volatility of natural gas prices and because all REPs base their contract offers on NYMEX gas futures prices as o fa ~oar~icular time and date. While competition is theoretically possible, thc conclusion reached by the CAPP Board and the consultants that ser~e it is~ that the market reflects a rivalry between a handful of energy providers who all usc similar gas~based foimulas for pricing their products regardless of actual source or actual costs. Without a proactive stand to secure sources of power that arc not exclusively dependent upon natural gas as the means for establishing price, the City can expect dramatic, costly and tmpredictable swings in its electric bills over the next few years. The price of electricity today is twice what CAPP members paid in 2004. If the City desires some electric price stability and predictability, it is necessary to fix a set price over a long period (10 years). If thc City wants to reduce its electric bill by shi~n§ to a fuel source less costly than natural gas, the best opportunity today is for CAPP roi commit to the output from a specific coal plant in Texas. If CAPP does not take advaniage of the opportunity in the next several months, a similar opportunity is not likely to reappear for a number of years. The CAP? Board of Di~ctors has attempted several investigations and proactive strategies to circumvant the fact that the electric retail market is at the mercy of all REPs who price electricity, regardless of source, as if produced by natural gas, CAPP activities have uncovered a unique opportunity tO stabilize more than one-half of CAPP's annual energy costs by contracting at a fixed price, with a small escalator, for a 10-year period with the owner of coal-fired generaticrn. The coal plant in question has advanced technology and is not associated with the environmental criticisms/roquently levied at coal facilities. CAPP consultants have modeled the indicative coal generation costs available to CAPP and have compared the costs of meeting each CAPP member's base load needs with coal capacity and all residual needs with gas generation to 100% reliance on gas, assuming application of the most recent Department of Energy long-term gas price forecast in both cases. The modeling demonstrates economic benefit for each member above and beyond the type of savings CAPP has been able to achieve in each of the last 3~ years from entering a long-term supply conlract (10 years) with CAPP, whereby CAPP secures coal capacity to serve base load needs. The Staff encourages the City Council to approve the resolution that ratifies the decision of the CAPP Bored to move ahead with development of necessary contracts. Adoption of this resolution does not obligate the city contractually. The appropriate contract will be brought back to the City for approval at some point in the future. AGENDA MEMO (10/17/05 AGENDA) DATE: TO: FROM: SUBJECT: October 12, 2005 Honorable Mayor and Council Robbie Corder, Assistant to the Director of Public Works ROW License Agreement: 6000 Airline Rd. ITEM: Southern Methodist University is requesting approval of a license agreement to work in the City's rights-of-way on the 6000 block of Airline Rd. The new SMU parking lot located on the south side of Airline will have an electronic gate to control access. Electric service to the gate will be provided through an underground conduit that needs to go under Airline Rd. SMU will bore under Airline approximately forty feet and connect electric service from the new building on the north side of Airline. Staff will not allow work to begin until the SMU contractor has provided the appropriate insurance naming the City as additional insured. RECOMMENDATION: Staffrecommends approval of this ROW license agreement. ATTACHMENTS: License Agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK31\Lic Agreement 6000 Airline.doc 10:23 AM 10/1 LICENSE AGREEMENT CITY OF UNIVERSITY PARK This License Agreement (the "Agreement") effective as provided herein (the "Effective Date"), is between the City of University Park, a municipal corporation (the "City"), and SOUTHERN METHODIST UNIVERSITY (SMU) , (the "Licensee"). RECITALS WHEREAS, the Licensee desires to place, install, and maintain AN 8" DIAMETER SLEEVE BORED UNDER THE STREET TO A PARKING LOT ENTRANCE ("the Improvements") in a City right-of-way, easement or property C the Property") at 6000 AIRLINE DRIVE in Dallas County, Texas, as more specifically designated on Exhibit "A" attached hereto, for the purpose of ROUTING ELECTRICAL & DATA LINES TO NEW GATE CONTROLLERS by the Licensee; and WHEREAS, the City desires to grant Licensee the privilege to place, install, remove and maintain the Improvements on the Property upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licensee agree as follo~!~: 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 described in Exhibit ~A" attached, subject to the terms and conditions contained in this Agreement. 1.2 Exclusive Use. The Licensee may place, install, and maintain on the Property the Improvements described in Exhibit "A" to be used exclusively for the purposes of the Licensee's residence. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Building and Zoning Administrator and the Director of Public Works of the City plans for the placement, 1 arrangement, and installation of the Improvements. 2.2 Review by City. The Building and Zoning Administrator or his representative and the Director of Public Works or his representative shall review the plans and make modifications to the plans as they, in their sole discretion, consider 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 fights and obligations hereunder shall become effective when the last one of either the Building and Zoning Administrator or his representative or 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 fight to remove any article or all articles placed onto the fight-of-way, easement or Property at any time and retains the fight to modify or amend the plans at any time after the Effective Date of this Agreement, upon reasonable notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the modification(s) or amendment(s). me INDEMNIFICATION AND INSURANCE 3.1 Liabilities, Losses, or Damages. Licensee agrees to indemnify and save harmless the City from any liability or damages the City may suffer as a result of Claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys' fees, arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements. 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 Paragraph 2.3 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 ofTen 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 the date such expenses or costs are incurred, or such sums are paid. 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 indemnified by the Licensee hereunder. 3.6 Limitation on Liabili .ty. 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. The Licensee agrees to carry and maintain insurance during the entire term of this Agreement as follows: mo Public Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code, as amended. Bo Broad Form Blanket Contractual (including Licensee's obligation hereunder) insurance in amounts not less than those required under 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 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 (30) days written notice to the City in the event of default by Licensee or termination of any coverage. ASSIGNMENT 4.1 Nonassignable. This License is personal t° the Licensee. It is nonassignable and any attempt to assign this License will terminate the License privileges granted to Licensee under this Agreement. Ve TERMINATION 5.1 Terminable at Will. This Agreement is terminable by either party at will by the giving of thirty (30) days written notice to the other party. 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. 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 and 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 notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. If to the City: City Manager If to Licensee: City of University Park 3800 University Blvd. Box 8005 University Park, TX 75205-0005 Jim Koons Campus Planning & Plant Operations Southern Methodist University P.O. Box 750273 Dallas, Texas 75275-0273 4 IN WITNESS WHEREOF, the City and the Licensee, each acting through its respective duly authorized representative has caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX 75205 By: Printed Name: James H, Holmes III Title: Mayor Date: SOIYI~ERNME~ItODIST ~NlVgRSII~/ Office of Legal Affairs P.O. Box 750132 Dallas, Texas By: Printed Name: Title: Date: 75275-0132 R. Gerald Turner President 5 PRIVATE LICENSE AGREEMENT Part of Airline Road Resubdivision of Part of East University Park Joel Sykes Survey, Abstract No. 1338 City of University Park, Dallas County, Texas Being a 250 square feet tract of land situated in the Joel Sykes Survey, Abstract No. 1338, City of University Park, Dallas County, Texas, being part of Airline Road (a 50' right-of-way) between Lot 1 R, Block 4, and Lot 1 R, Block 8, Resubdivision of part of East University Place, an addition to the City of University Park, Dallas County, Texas, according to the plat recorded in Volume 2000060, Page 04718, Map Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a point for corner in the southerly line of said Airline Road at the most northerly northeast comer of said Lot 1 R, Block 8, said point being the beginning of a curve to the right; THENCE in a westerly direction along the common line between said Airline Road and said Lot 1R, Block 8, and along said curve to the right whose chord bears South 81 ° 34' 24" West a distance of 130.76 feet, having a radius of 295.00 feet, a central angle of 25° 36' 36", and an arc length of 131.86 feet to a point for corner; THENCE North 85° 37' 18" West continuing along said common line a distance of 62.93 feet to a 1/2 inch iron rod with yellow plastic cap stamped "RLG INC" set for corner and the POINT OF BEGINNING; THENCE North 85° 37' 18" West continuing along said common line a distance of 5.00 feet to a 1/2 inch iron rod with yellow plastic cap stamped "RLG INC" set for corner; THENCE North 04° 22' 42" East departing said common line a distance of 50.00 feet to a 1/2 inch iron rod with yellow plastic cap stamped "RLG INC" set for comer in the northerly line of said Airline Road and the southerly line of said Lot 1R, Block 4; THENCE South 85° 37' 18" East along the common line between said Airline Road and said Lot 1 R, Block 4, a distance of 5.00 feet to a 1/2 inch iron rod with yellow plastic cap stamped "RLG INC" set for corner; THENCE South 04° 22' 42" West departing the common line between said Airline Road and said Lot 1R, Block 4, a distance of 50.00 feet to the POINT OF BEGINNING and containing 250 square feet or 0.0057 acres of land, more or less. Sheet 1 of 3 24038X Bearings based on the West Line of Dublin Street as shown on plat of the Resubdivision of part of East University Park, recorded in Volume 2000060, Page 04718, MR.D.C.T. Controlling Monuments- 60d nail found at the southeast intersection of Airline Road and Binkley Avenue. A 1/2" iron rod found for corner at the northeast corner of the northeast intersection of Airline Road and Mockingbird Lane. R.P.L.S. No. 4762 Dale R. White Sheet 2 of 3 24038X GRAPHIC SCALE 0 30 60 120 S ( IN FEET ) i inch = 60 ft. LINE TABLE L/NE BEARING LENG TH L! N85'37'iS"W 5.00' L2 NO,I'22',I2"E 50.00' L3 S85'37'18"E 5. 00' L4 S04'22'42"W 50.00' 250 62.93' -~-.~ O. 0057 A~RES C, .-, AIRLINE N85'~7'IB"w 200. 81 ' LOT IR, BLOCK 4 RESUBDIVIS/ON OF PART OF EAST UNIVERSITY PARK VOL. 2000060, PG. 04718 A= 2'JO '51" R=262.00' T= 5. 75' L=11.50' CB= N39 70 '00 "E CD=II. 50' % A=94 '5,9'02" R=205. 00' T= 2 2,.7. 66' L =339.85' c,~B=s~'~'~o'~, ~ / R=2J~.oo' ~ / ~'=Zzo~'- CB= N46 '58 '52 COMMENCING ROAD ~ OF' z~ 25'36'$6' 2~"19° ~._ ~=2~.oo'~ LOT IR, BLOCK 8 BEGINNING T=6ZOS' . RESUBDIVISION OF PART OF L=131.86' EAST UNIVERSITY PARK CHB=SBP34~4"W CHD= 1 ~0. 7G ' VOL. 2ooo0~o, Pa 0~7~ ' '~ 60. 00' GO. 00' 60. 00' 60. 00' 60. 00' 50. 00' ~~ 17 ~ ~ ~ ~ ~ - BLOCK 8 ' LEGEND ~ s ~ u~x ~esx ~Y VOL. 5, PG, 7~ ........ PROPER~ t/NE I/2?RS ........ ~/2" /PON ROD SE~ PRIVATE LICENSE AGREEMENT BEARINGS BASED ON ~E ~ST LINE OF DUBLIN ST~55r ~s SHO~ OW ~ OF ~E eESU~X~S~O~ PART OF o~o~,~,~~o~,~ AIRLINE ROAD VOLUME 2000060, PAGE 0471~ M.H.D.C. K oo.~o,,,.~.o~- RESUBDIVISION OF PART OF 60D NAIL FOUND A[ ~E SOU~EAS[ /N~RSECTION OF AIRLINE ROAD AND BINKLEY A ~NU~ EAST UNIVERSITY PARK A ~/2" I~ON ROD FOUND FOR CORNER AT THE ~SEC,O~ OF Al~u~e ~oA~ A~o ~OCK~OmRO JOEL SYKES SURVEY, ABST~CT NO. 1338 ~ CITY OF UNIVERSITY PARK, DALES RAYMOND L. GOODSON, JR., INC. 5445 ~ SIER~ SUITE 300 L.B. ~ 7 DALES, TX. 75231-4138 SOALE 7"= 60' DATE 09-09-2005 2~4-~39-8~oo rlg~rlginc, corn JOB NO. COUNTY, TEXAS SHEET J OF J DWG NO. 24038X page I Project: 6293 SMU-AIRLINE ROAD Parcel Inverse Fri September 09 12:21:23 2005 Parcel name: LICENSE AGREEMENT North: 6992376.40822 East : 2496602~73541 Line Course: N 85-3'7-18 W Length: 5~00 North: 6992376~789R3 East :. 24~6597~75000 Line Course: N 04-22-42 E Length: 50.00 North: 6992426.64402 East : 2496601.56702 Line Course: S 85-37-18 E Length: 5.00 North[ 6992426~26231 East : 2496606.55243 Line Course: S 04-22-42 W Length: 50.00 North: 6992376.~0822 East : 2496602.73541 Line Course: 'S 26-33-54'W Length: 0.00 North~ 6~92376~.40822 East : 24R6602..73541 Perimeter: 110.00 Area: 250 sq. ft. 0.0.057 acres VICINITY MAP LOT 7R NOT TO SCAZE BLOCK 4 RESUBD/VISION OF PART OF EAST UNIVERSITY PLACE VOL. 2000060 PG. 4778 3'OAK N 85',37']8" W / / ROAD INSTALL b.v other thon open 8" dia. x 1/4" thick steel encosernent pipe. wi2-1~ pvc doto conduits 1-1" e/ec(r/c conduit 4-1" spore conduits PARKING LOT W-6 --685 650. 50 TO _RAYMOND L. LEGEND EX/STING CONTOUR LINE PROPOSED CONTOUR LINE EX/STING SPOT ELEVA T/ON EX/STING SPOT ELEVA T/ON (CAZCULA TED.) PROPOSED SPOT ELEVA NON GOODSON, JR., INC, 5445 LA SIERRA SUITE 300 L.B. 17 DALLAS, TX. 75231-4138 214-739-8100 rlg @vlginc. c om Il / '-'fi ~ \ ~i II .~.2 ..- It .~ II .k: '. 'Ii '11 II Il .k: '.. 5.00' 62. 96 ' 576. 4 7 576. 76 ~ -~PROPOSED BORE PiT N B5'~778' W~"ASPHAL; 5.00' PA YEMEN T-~ LOT IR BLOCK 8 RESUBDIt/IS/ON OF PART OF EAST UNIVERSITY PLACE VOL 2000060 PG. 4778 ;Z?.. x// /i / CONDUIT, PLAN AIRLINE ROAD JOEL CITY OF A=25'36'36"__/ R=295. 00' T= 6Z 05' L = 731. 86' CHB= S87 '54'24"W CHD= 130. 76' SYKES SURVEY, ABSTRACT NO. 1338 UNIVERSITY PARK, DALLAS COUNTY, TEXAS SCALE 1"= 20' J JOB NO. 6293 I E-FILE DA TE 09- 09- 05 6293cp. DWG IDWG NO. 24039X1 GRAPHIC SCALE 0 10 20 40 FEET ) V f'=5' TC=$78. 00 G=677. 60 ~ G=577. O0 AIRLINE ROAD 50' RtO. W. $1'B-B OONO. J PA VE&CENT ~L.--G=576. 43 _~G=576.34 RAYMOND L. GOODSON, JR., INC. 5445 LA SIERRA SUITE 300 L.B. 17 DALLAS, TX. 7523 ! -4138 214-739-8100 rtg @rtgi~c. c o~z 58O 570 CONDUIT PROFILE AIRLINE ROAD JOEL SYKES SURVEY, ABSTRACT N0.1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS SCALE JOB NO.' l" = 20' H 1'~-5' V DATE 9-09-2005 6293 1E-FILE 6293cp2. dw9 DWG NO. 24039X2 PIT 575 AGENDA MEMO (10/17/2005 AGENDA) DATE: TO: FROM: SUBJECT: October 17, 2005 Honorable Mayor and City Council Harry Persaud, MRTPI, AICP, Com. Dev. Manager Receive a report regarding building and zoning standards which may be used to regulate the size of single family homes and provide directions to stafl~ Background/Analysis This is a follow up to the September 20th discussion with regard to building/lot coverage in the single family districts. An attempt has been made in this report to summarize the issues associated with teardowns and to provide a "toolkit" of building and zoning standards which may be used to regulate the size of new construction and additions in the established single family neighborhoods. Some of the items discussed at the September 20th meeting, relating to building coverage and side yard setbacks are included in this report for further review. Another major issue included in this report, deals with the removal of mature trees from the building sites in an effort to maximize the size of new construction. The high cost of a single family lot, added to the current trend and strong desire for larger homes has created a situation where existing regulations are pushed to the limits as builders look for ways to construct the largest home on an existing lot. Staff will present this information for discussion and seek directions from City Council as to how to proceed. Reconunendation The following alternatives are proposed for City Council consideration. (i) Amend the side yard setback regulations to repeal the maximum required setback of 10 feet and the sum of the two side yards not to exceed 20 feet. (ii) Work through the Parks Advisory Board to draft an amended tree ordinance to preserve existing trees and to mitigate tree removal. (iii) Work through ZOAC to develop new building/lot coverage regulations designed to reduce the size of building foot prints. (iv) Work through ZOAC to review and modify current building and zoning standards adopted in 2001 to further reduce the size of the single family home. (v) Work through ZOAC to review alternative design elements such as floor area ratio (FAR) and framed area of building as a percentage of lot area, and forward recommendations to Council Attaclunents: Issues and Alternatives for Regulating the "Too-big House" CITY OF UNIVERSITY PARK ISSUES AND ALTERNATIVES FOR REGULATING THE "TOO-BIG HOUSE" 1. Introduction: A teardown involves the demolition of an existing home to build another one or the massive addition or remodel of an existing home in a neighborhood with well defined character. Teardowns in the City of University Park almost always result in a much larger home which in some cases may be out of character with the existing homes in the neighborhood. The city's older housing stock, rising land values and high average incomes provide a perfect setting for teardowns. The 2000 census reported 62.64% of the City's 8,501 housing units were constructed in 1959 or earlier. In short, as of 2000, 5,325 housing units were over 40 years old. An attempt has been made here to summarize the issues associated with teardowns and to provide a "tool kit" of building and zoning standards which may be used to regulate the size of new construction and additions in established single family neighborhoods. 2. The Economics of Teardowns: Generally, in new single family developments, the lot is likely to be about 25% of the total property value. Teardowns are far more costly than a similar house in green field locations. In teardowns the lot is likely to be 50 % or more of the value of the entire property and in the City's older neighborhoods the land value of a single family lot may exceed the value of the existing home. The total cost of a new house in the case ofa teardown includes the cost of the lot and the existing house, plus the demolition costs and the cost of the new house. In the process, the market must support the teardown as a rational investment. The driving force of the teardown phenomena therefore, is rising property values in the neighborhoods. 3. The Lifestyle Issue: The average single family home of today is much larger in every aspect than homes built 40 to 50 years ago. Ironically, the number of bedrooms is increasing as the family size declines. The modern home has a larger floor area, increased (cathedral) ceiling heights, greater roof pitches, multistory spaces, larger storage areas and larger garages. The building volume of the new home tends to be out of character with the existing 40 to 50 year old house next door. Obsolescence is certainly an issue with homes which are typically 40 to 50 years old. The bathrooms, kitchens, bedrooms and storage areas are too small for modem tastes. The styles and colors, equipment and materials are also out of date. At the same time property owners see the need to repair and refurbish problems associated with the aging structure - cracks, inadequate electrical, heating and air conditioning systems, plumbing and general restoration. This creates a situation where the home is out of sync with the perceived needs of the property owner - a perfect setting for a teardown. 4. The Politics of Teardowns The teardown of the small old house and the rebuilding of a larger building on the lot may alter the character of the existing neighborhood. In some cases the teardown is not a bad thing and may provide a needed upgrade to a neighborhood's image. Property owners in the neighborhood tend to have a different attitude toward teardowns. Generally, the builders and real estate professionals oppose any attempt to regulate teardowns because it affects a profitable market. While some neighbors are outraged by the teardowns and complain that the new house is out of character with the neighborhood, there are others who support the change and want to profit from the neighborhood growing attractiveness and increased property values. Opponents ofteardowns have important economic concerns as well as design concerns. First, land values will go up dramatically and in turn property taxes will also rise. The increase in property taxes may threaten older residents with fixed or lower incomes forcing them to sell or affecting their standard of living. As a result, those who feel threatened economically may join forces with those who simply want to preserve the character of the neighborhood. At the same time, another group within the community who bought properties at lower prices may see an opportunity to profit. They may not have the money to teardown the existing unit or to make dramatic alterations but they may see the increased value as an opportunity to make a quick profit which they can then use to move up to a larger, more modern or just a different house elsewhere. This group will join forces with those who oppose any attempt to regulate teardowns and may even support regulations to increase building bulk. The economics of the neighborhood and the way people choose sides make the teardowns a highly political issue, rather than a technical zoning issue. 5. Tools For Re~ulatin~ the "Bi~ House" Teardown is not a new or recent phenomenon in the City of University Park. Over the past l-vventy years or so, property owners have been tearing down the smaller older homes to build new, larger and more modem houses. An aging housing stock of smaller homes coupled with the demands for new and larger homes has added prominence to the teardown issue. In addition to the usual building setbacks and the maximum impermeable surface regulations, the City adopted building and zoning standards in December, 2001 which were intended to limit the size and volume of the single family home. The city's comprehensive zoning ordinance currently provides a city wide framework of building and zoning standards specifically customized to control and regulate the size of single family homes. 2 (A) Buildin~ Setback: Building setback is a simple tool to limit the size of the building and accessory structures on a lot or building site. The city's single family zoning districts requires a minimum side yard setback equal to 10 % of lot width with a cumulative side yard setback of 24% of total lot width for lots 60 feet and wider and 22% for lots less than 60 feet. It should be noted however, that the maximum side yard required on any one side is 10 feet and 20 feet total for both side yards. Front yard setbacks vary from 50 feet or more in the SF-1 (depending on the average setbacks for the block) to 25 feet in the SF-4 zoning district with a minimum rear yard setback of 12' 6" except that a garage has a minimum setback of 20'. The building setbacks functions to regulate the maximum building foot print of a structure on a lot or building site. (B) Building Coverage UP's maximum building coverage is a function of the required building setbacks and the maximum impermeable surface as a percentage of lot area. Generally, the impermeable areas on a single family lot is the sum of the building coverage plus the other solid paved surfaces such as driveway, leadwalk, pool deck and patio. Building coverage as a percentage of lot area has been used to limit the size of the building foot print on a lot or building site. Currently, there are no specific regulations for maximum building/lot coverage in the City of University Park. (C) Architectural Design Elements In order to further regulate "building bulk" or building volume in the single family districts UP adopted additional regulations in 2001 to limit the size of a house on a single family lot. (i) In all single-family detached residential districts, a vertical surface in excess of twelve feet six inches (12'6") in height shall not exceed a length greater than forty-two percent (42%) of the total lot depth, measured from the front building line. Vertical wall surfaces exceeding twelve feet six inches (12'6") in height shall not be closer than forty feet (40') to the rear property line, unless they are part of a gable and set back as required for windows, dormers, or other openings. The main structure may extend beyond the forty-two percent (42%) side wall length and the vertical wall surface may exceed twelve feet six inches (12'6") if an additional set back of one foot (1') for each two feet (2') in vertical wall surface height above twelve feet six inches (12'6") is observed. 3 iii. The maximum area of gables/vertical walls including all sides of donner above two stories adjacent to any side yard shall not exceed the following: 135 sq. ft. for lots less than 60 feet wide. 165 sq. ft. for lots 60 feet and more but less than 70' 180 sq. ft. for lots 70 feet and more but less than 80' 200 sq. ft. for lots 80 feet wide and greater. iv. Building Height. Top of plate line height in the single family zoning districts are based on lot widths as follows: Less than 60' 23'4" 60'-70' 24'4" 70'-80' 25'4" 80' or greater v. Any donner above the second floor plate line shall be set back a minimum of thirty inches (30") from an interior side yard setback line. Dormers facing side streets may be on the side yard setback line. v. Total third floor area shall not exceed an area equal to fifty percent (50%) of the second floor area. vi. When used for any purpose other than storage, HVAC and water heating equipment, and the habitable space exceeds five hundred (500) square feet, two (2) interior exit stairways shall be required. (6) Neighborhood Stabilization Overlay Over the past year the City of Dallas, faced with the "McMansion" issue has been working through the process to establish the Neighborhood Stabilization Overlay District (NSO) The neighborhood stabilization overlay functions like any other overlay district regulation to maintain the integrity of an established neighborhood by ensuring that new single family construction and additions to existing single family homes are compatible with the prevailing neighborhood standards. The NSO has been designed specifically to deal with the "McMansions" which are out of character with existing homes in an established neighborhood. In the Dallas example, the NSO follows a two tier process as follows: (i) Neighborhood Prevailing Standards (NPS) 4 The NPS Zoning Overlay District is initiated by a petition signed by Property owners within one blockface. A blockface is defined as the linear distance of lots along one side of a street between the two nearest intersecting streets. When a street dead-ends, the terminus of the dead-end street is considered as the intersecting street. Initially, the Dallas proposal required 50%+1 of owner signatures which has been increased to 75% by the City Plan Commission and now stands at 66% in discussions at City Council. The NPS is intended to be in effect for one year with a possible City Plan Commission extension for another six months. The NPS incorporates the average development standards within a blockface to include the following indicators: Number of stories, Garage access, location and connection; paving surface in front and side yards and front, comer and side yard setbacks. (ii) Neighborhood Stabilization Overlay (NSO) The NSO is established through the zoning change procedure and follow the public hearing and notification process. When the NSO is adopted, it replaces the Neighborhood Prevailing Standards Overlay. The NSO establishes standards reflecting existing conditions as are included in the Neighborhood Prevailing Standards Overlay. The NSO establishes the front yard setback, comer side yard setback, interior side yard setback, height, stories, garage access, connection and location; and impervious surface. (7) Tree Preservation Another major issue associated with teardowns is the removal of mature trees in the established single family neighborhoods. In some cases very large 70 year old trees in excess of 36" caliper, are being removed so as to accommodate a largest house on the building site. Many cities have in place tree preservation ordinances which provide for some kind of mitigation when trees are removed. A survey of Cities conducted by the Parks Department regarding tree ordinances is attached (See page 22) If City Council desires to proceed in this direction, UP's tree ordinance may be amended to preserve existing trees and to provide for the mitigation of trees which are removed from private properties. The following is a bullet summary of the proposed tree ordinance. Applies to all zoning districts Tree 10" and over in caliper measured 12" above grade is defined as a protected tree. Removal of a protected tree requires a permit Applicants for a tree removal permit must submit a tree survey and tree replacement plan prepared by a certified arborist or professional landscape architect. Replacement trees shall be selected from the "Tree Species List" and shall be no less than 3" in caliper. Replacement trees shall be at least 60% caliper/inch of protected tress removed. Example: A t0" caliper tree shall be replaced by 2 3" caliper trees or t - 6" caliper tree. When a replacement tree cannot be installed on the property, the owner shall pay the cost of the tree plus installation into a tree fund. City will use funds to install trees on public property. Protected trees on construction sites shall be surrounded by a four foot chain link fence to protect tree roots from vehicle compaction. (8) Alternatives for City Council (i) (ii) (iii) (iv) (v) Amend the side yard setback regulations to repeal the maximum required setback of t0 feet and the sum of the two side yards not to exceed 20 feet. Work through the Parks Advisory Board to draft an amended tree ordinance to preserve existing trees and to mitigate tree removal. Work through ZOAC to develop new building/lot coverage regulations designed to reduce the size of building foot prints. Work through ZOAC to review and modify current building and zoning standards adopted in 200t(outlined above) to further reduce the size of the single family home. Work through ZOAC to review alternative design elements such as floor area ratio (FAR) and framed area of building as a percentage of lot area, and forward recommendations to Council (9) Attachments The illustrations attached are intended to show how the side yard setback, impermeable surface, building coverage and other building and zoning standards all work to limit the size of the single family home. The examples used in these illustrations have been taken from new single family homes which were considered for a building permit within the last three months. Staff will present these for discussion at the Council meeting on October 17, 2005. 6 References: 1. Too Big, Boring, or Ugly: Planning and Design Tools to Combat Monotony, the Too-big house, and Teardowns. Lane Kendig, 2. City of University Park Comprehensive Zoning Ordinance 3. Dallas Morning News, Various articles on Teardowns 4. The Home Builder 5. City of Dallas, Draft ordinance for Neighborhood Prevailing Standards Overlay and Neighborhood Stabilization Overlay 6. City of Lake Forest, Illinois. Residential Design Guidelines 7. Village of Glencoe, Illinois. Tree Preservation Ordinance 7 SURVEY OF CITIES BUILDiNG/LOT COVERAGE IN SINGLE FAMILY DISTRICTS CITIES BUILDING/LOT COVERAGE West University Place, · No building coverage regulations Texas · 80% limit on the flamed area of bldg. (All exterior walls all floors) Town of Bel Air, Texas · Building coverage 55% Nichols Hills, OK · Building coverage 65% Village of Glencoe, IL · Building coverage 30% (35% for corner lot) Village of Winnetka, IL · Building coverage 25% · FAR 20- 40% · Impermeable surface 50% Village of Deerfield, IL · Building coverage 35% · FAR 40% Lake Forest, IL · Building coverage 30% Alamo Heights, Texas · Building Coverage 35% City of University Park · No Building coverage regulations · Impermeable surface coverage Average building coverage 45.8% for Cities with data CITY OF UNIVERSITY PARK MAXIMUM IMPERMEABLE SURFACE BY LOT SIZE SINGLE FAMILY LOTS MAXIMUM IMPERMEABLE SURFACE Single Family Attached 63% &Two family 0 6000 Sq. ¢~. 60% (3,600 Sq. ft.) 6001 7,500 Sq. ft 60% 7,500 10,000 Sq. ¢~. 52% (4,500 Sq. ft.) 10,001 - 12,000 Sq. ¢~. 48% (5,200 Sq. ft.) 12,001 - 35,000 Sq. ¢~. 40% (5,760 Sq. ¢~.) 35,001 Sq. ft. and greater 35% (14,000 Sq. ¢~.) CITY OF UNIVERSITY PARK BUILDING COVERAGE AND IMPERMEABLE SURFACE AS A PERCENTAGE OF LOT AREA Item Lot Bldg. Impervious Imperm. # Area Coverage Percent Area Percent Area(Total) Percent 1 39,813 6281 16% 3424 9% 9705 24% 2 21,750 4982 23% 2560 12% 7542 35% 3 21,000 6379 30% 1259 6% 7638 36% 4 13,500 4914 36% 1054 8% 5968 44% 5 12,154 3700 30% 827 7% 4527 37% 6 12,000 3907 33% 659 5% 4566 38% 7 11,936 4313 36% 700 6% 5013 42% 8 10,500 3337 32% 656 6% 3993 38% 9 9,600 4597 48% 604 6% 5201 54% 10 8,598 3195 37% 993 12% 4188 49% 11 8,400 3192 38% 502 6% 3694 44% 12 8,400 2527 30% 574 7% 3101 37% 13 8,400 3356 40% 526 6% 3882 46% 14 8,250 2666 32% 732 9% 3398 41% 15 6,925 2416 35% 1670 24% 4086 59% 16 7,800 3020 39% 605 8% 3625 46% 17 7,500 4000 53% 766 10% 4767 64% 18 7,000 3302 47% 927 13% 4229 60% 19 7,125 3366 47% 1163 16% 4529 64% 20 7,000 2856 41% 546 8% 3402 49% 21 5,000 2195 44% 466 9% 2661 53% Total 242,651 78501 32% 21213 9% 99714 41% SIDE YARD SETBACKS Minimum side yard Lots 60 feet wide and greater, two side yards = Lots less than 60 feet wide, two side yards = Cumulative side yards not greater than Any side yard not greater than 10% of lot width 24% of lot width 22 % of lot width 20 feet 10 feet 9 10 10 This plan shows how the grOUnd floor of the house may be reduced by I3% from 6,379 sq. ft. to 5,525 sq. ft. ifthe ~ side yard setbacl~ is 10% ofl°t Width and cumulative 24% for both side yards. 11 and met the both side yards. 12 This plan shows how the ground floor may be reduced by 23% from 3,907 sq. ft. to 3,007 sq. ft. if the building coverage is required to be 25% of lot area. 13 of 14 O The illustration on top shows the second story plate line exceeding the 42 ¼ lot depth. I5 top left side 16 This plan is for a 4,971 sq. ft. house on Amherst. The second stop plate line exceeds 42% of lot depth by 5 feet. The maximum roof pitch exceeds maximum allowable of 14/12. 17 A vemcal wall exceeding 12 6 may not be closer than 40 feet to th{ rear property line. 18 This plan is for a 5,324 sq. ft. house on Bryn Mawr. The second story plate line( top right side) projectS 3 feet into the 40 feet ~'ear set back. 19 A wa 1 ~n excess of 12 6' in height which violates the 42% lot for each 2 ft in height. may be setback 1 ft 20 LEFT SIDE This The impermeable 21 22