HomeMy WebLinkAbout2011.12.06 City Council AgendaCITYOFUNIVERSITYPARK
REGULARCITYCOUNCILMEETING
LOCATION:CITYHALLCOUNCILCHAMBER
AGENDA#2826
DECEMBER6,2011
CALLTOORDER:5:00P.M.
2:45-3:00P.M.DISCUSS:UniversityParkCivicFoundationAnnualBoardofDirectorsMeeting,
CouncilConferenceRoom,SecondFloor,CityHall.
3:00-4:00P.M.DISCUSS:DirectorofPublicWorksBudSmallwoodwillprovidedrainagedetails
associatedwithpotentialWilliamsPark/GoarParkrenovationsaspreviously
discussedbyParkAdvisoryCommitteeChairmanBillPardoe.CouncilConference
Room,SecondFloor,CityHall.
4:00-4:20P.M.EXECUTIVESESSION:TheCouncilwillconveneintoClosedExecutiveSession
underTexasGovernmentCodeSection551.071(2)toreceiveconfidentiallegaladvice
fromtheCityAttorneyregardingpendingBoardofAdjustmentcases.Noactionwill
betaken.ExecutiveConferenceRoom,FirstFloor,CityHall.
4:20-5:00P.M.WORKSESSIONFORAGENDAREVIEW:CouncilConferenceRoom,Second
Floor,CityHall.
TOSPEAKONANAGENDAITEM
AnyonewishingtoaddresstheCouncilonanyitemmustfilloutagreen“RequesttoSpeak”formand
returnittotheCitySecretary.Whencalledforwardby theMayor,beforebeginningtheirremarks,speakers
areaskedtogotothepodiumandstatetheirnameandaddressfortherecord.
I.CALLTOORDER
A.INVOCATION:CouncilmemberTommyStewart
B.PLEDGEOFALLEGIANCE:CouncilmemberTommyStewart/BoyScouts
C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDavis
D.INTRODUCTIONOFSTAFF:CityManagerBobLivingston
II.CONSENTAGENDA
A.CONSIDERANDACT:onacontractwithFreese&Nicholstoprovideengineering
servicesassociatedwiththeGermanyParkboosterpumpingstation - Smallwood Pg 3
B.CONSIDERANDACT:onanagreementwiththeHighlandParkPresbyterian
ChurchforSundayuseoftheCityHallparkinglot - Smallwood Pg 8
C.CONSIDERANDACT:onminutesoftheNovember15,2011CityCouncilMeeting - Spector Pg 11
III.MAINAGENDA
A.DISCUSS:requesttochangeparkinglimitsincertainretailshoppingareas - Smallwood Pg 19
B.CONSIDERANDACT:onrevisionstothecurrentsidewalkreplacementprogram - Smallwood Pg 20
C.CONSIDERANDACT:onapprovalofaConstructionManager-Agentcontractwith
Rogers-O'BrienConstructionforfinish-outofUniversityParkPublicLibrary - Livingston Pg 33
Page 1 of 104
IV.PUBLICCOMMENTS
AnyonewishingtoaddressanitemnotontheAgendashoulddosoatthistime.Pleasebe
advisedthatundertheTexasOpenMeetingsAct,theCouncilcannotdiscussoractatthis
meetingonamatterthatisnotlistedontheAgenda.However,inresponsetoaninquiry,a
Councilmembermayrespondwithastatementofspecificfactualinformationora
recitationofexistingpolicy.ItistheCouncil’spolicytorequestthatcitizensnotaddress
itemsthatarecurrentlyscheduledforafutureagendaorpublichearing.Instead,theCouncil
requeststhatcitizensattendthatspecificmeetingtoexpresstheiropinions,orcommentto
theCouncilbye-mailatCity-Council@uptexas.orgorletteraddressedtotheMayorand
Councilat3800UniversityBlvd.,UniversityPark,Texas75205.Otherquestionsorprivate
commentsfortheCityCouncilorStaffshouldbedirectedtothatindividualimmediately
followingthemeeting.
AsauthorizedbySection551.071(2)oftheTexasGovernmentCode,thismeetingmaybeconvened
intoClosedExecutiveSessionforthepurposeofseekingconfidentiallegaladvicefromtheCity
AttorneyonanyAgendaitemslistedherein.
Page 2 of 104
AGENDAMEMO
(12/6/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onacontractwithFreese&Nicholstoprovideengi neering
servicesassociatedwiththeGermanyParkboosterp umpingstation
BACKGROUND:
AttheJune7,2011meeting,staffbriefedtheCity CouncilonoperationalconditionsattheGermany
Parkboosterpumpingstationthatneededtobecorr ected.Theissuescenteronuseoftheemergency
interconnectionwiththeDallasWaterUtilitieswat ermainatMockingbirdneartheDallasNorth
Tollway.TheactualpressureintheDWUlineislo wer,byabout10psi,thaninformationprovided
byDWUstaffduringtheCity'sdesignofthepumpin gstation.Thatbeingsaid,thepumpingstation
willoperateduringemergencyconditions,however,itwillnothavesufficientcapacitytokeepup
withperiodsofhighdemand(i.e.,duringthesumme rmonths).
FollowingtheJunemeeting,Freese&Nicholsperfor medareviewofpumpperformance,control
schematics,andlogic.Recommendationsfollowingt heirinitialreviewcallforadetailedanalysisof
thepotentialpumpingsolutionsanddevelopmentof specificimprovementstoprovideadequate
capacityimprovementsduringemergencyconditions.Tothatend,staffaskedthatFreese&Nichols
submitaproposalforthework.
Theattachedproposalintheamountof$39,900prov idesengineeringservicestoevaluatepumping
systems,electricalimpacts,andsystempressures.StaffupdatedtheCapitalProjectsReview
Committeeonthisissueandindicatedthatpriorto theirnextmeeting,wewillmodifytheproposed5-
yearplantoaccommodatetheadditionalfundingnec essaryfortherevisedproject.
RECOMMENDATION:
StaffrecommendstheCityCouncilapprovetheFrees e&Nicholsproposalintheamountof$39,900
andauthorizetheCityManagertoexecuteacontrac tforthework.
FUNDINGSOURCE:
CAPITALPROJECTSFUND
AcctNo42.42.4420
ProjectNo48100.2100
ATTACHMENTS:
F&NGPBPSAnalysisAgreement
Page 3 of 104
Page 4 of 104
Page 5 of 104
Page 6 of 104
Page 7 of 104
AGENDAMEMO
(12/6/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onanagreementwiththeHighlandParkPresbyterian
ChurchforSundayuseoftheCityHallparkinglot
BACKGROUND:
ForseveralyearspriortotherenovationofCityH all,theHighlandParkPresbyterianChurchutilized
theCity'sparkinglotatthenorthwestcornerofG olfandHaynietosupplementtheiron-streetparking
forSundaymorningservices.Wesuspendedthatuse forseveralyearswhiletheconstruction
activitieswereoccurringatCityHall.Representa tivesfromthechurchrecentlyinquiredwhetherthe
CitywouldbeamenabletocontinuingthatSundayus e,nowthatallconstructioniscomplete.The
agreementprovidesforuseof30ofthe45spacesi nthelot.
Staffhasnoobjectiontotherequest.Attachedis acopyoftheagreementforCouncilconsideration.
RECOMMENDATION:
StaffrecommendsCityCounciloftheagreement
ATTACHMENTS:
PARKINGAGREEMENT
Page 8 of 104
Page 9 of 104
Page 10 of 104
AGENDAMEMO
(12/6/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:LizSpector
SUBJECT:CONSIDERANDACT:onminutesoftheNovember15,20 11CityCouncilMeeting
BACKGROUND:
MinutesareincludedfortheCouncil'sreview.
ATTACHMENTS:
2011.11.15CCMtgMin
Page 11 of 104
MINUTES
AGENDA #2825
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
COUNCIL CHAMBER – CITY HALL
TUESDAY, NOVEMBER 15, 2011, 5:00 P.M.
3:30 - 4:00 P.M. DISCUSS PARK ADVISORY COMMITTEE CHAIR BILL PARDOE WILL
DISCUSS WITH THE COUNCIL PLANS FOR POTENTIAL IMPROVEMENTS TO
WILLIAMS PARK. COUNCIL CONFERENCE ROOM, 2ND FLOOR, CITY HALL.
4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW COUNCIL CONFERENCE
ROOM, 2ND FLOOR, CITY HALL.
The Regular City Council Meeting was called into session at 5:00 p.m. in the Council
Chamber at City Hall. Present were Councilmember Stewart, Mayor Davis, Councilmember
Clark, and Councilmember Begert. Also in attendance were City Manager Livingston, and
City Attorney Dillard.
Mayor Pro Tempore Grable was excused.
Mayor Davis thanked several Boy Scouts for attending the meeting and asked them to
introduce themselves after assisting in leading the Pledge of Allegiance.
The Boy Scouts included: Field Parsons, Troop 80, working on his Communications
merit badge; Sam Miller, Troop 80, Communications; Jaron Ravi, Troop 70,
Communications; Yash Pathak, Troop 80, Communications; Wyatt Spicer, Troop 68,
Citizenship in the Community; and, JD Cochran, Troop 70, Communications.
Staff in attendance included: Community Information Officer Steve Mace, Director of
Information Services Jim Criswell, Police Chief Gary Adams, Director of Public Works
Bud Smallwood, City Secretary Liz Spector, Director of Finance Kent Austin,
Administrative Assistant George Ertle, Chief Planning Official Harry Persaud, Director
of Human Resources Luanne Hanford, Director of Community Development Robbie
Corder, Fire Chief Randy Howell, and Director of Parks Gerry Bradley.
I. CALL TO ORDER
A. INVOCATION: Director of Information Services Jim Criswell
B. PLEDGE OF ALLEGIANCE: Director of Information Services Jim Criswell / Boy
Scouts
C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D. INTRODUCTION OF STAFF: City Manager Bob Livingston
Page 12 of 104
ORDINANCE 11/28
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING ON THE SOUTH SIDE OF MCFARLIN BETWEEN
HIGH SCHOOL AND GOLF, ON THE SOUTH SIDE OF DANIEL BETWEEN
DUBLIN AND DURHAM, ON THE EAST SIDE OF DURHAM BETWEEN
UNIVERSITY AND DANIEL, ON THE NORTH SIDE OF UNIVERSITY
BETWEEN DUBLIN AND DURHAM, AND ON THE WEST SIDE OF DUBLIN
BETWEEN DANIEL AND UNIVERSITY, IN EXCESS OF TWO HOURS AT
ANY TIME FROM 8:00 A. M. TO 5:00 P.M., MONDAY THROUGH FRIDAY,
EXCEPT HOLIDAYS; PROVIDING FOR THE ERECTION OF SIGNS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
CPS-Civil was previously awarded a contract for water and sanitary sewer
improvements along numerous streets and alleys. During construction, the contractor
discovered the existing sanitary sewer was not in the location identified on the
engineering drawings. A plan was developed to bypass pump wastewater in the existing
line while excavating and installing the new main. The proposed change in the scope of
work will cost $101,825.
The Council approved the final payment of $32,330.31 to Cutler Repaving for the
recently completed street resurfacing project.
The Council approved the addendum to the Nathan D Maier contract in the amount of
$51,304.27 for engineering work outside the scope of the initial contract for research
and a report related to metallizing the interior of the water tank.
II. CONSENT AGENDA
A. CONSIDER AND ACT: on an ordinance designating 2-hour parking restrictions along
the south side of McFarlin, west from High School to Golf and for the parking spaces
surrounding Burleson Park.
B. CONSIDER AND ACT: on Change Order No. 1 to the City’s contract with CPS-Civil
for construction of certain water and sanitary sewer improvements
C. CONSIDER AND ACT: on final payment to Cutler Repaving for resurfacing numerous
streets throughout the City.
D. CONSIDER AND ACT: on an addendum to the contract with Nathan D Maier
Consulting Engineers for work associated with the renovation of the Fondren elevated
water storage tank
E. CONSIDER AND ACT: on minutes of the November 1, 2011 City Council Meeting
Page 13 of 104
City Manager Bob Livingston summarized the items on the Consent Agenda. He stated they
were routine in nature and could be passed in one motion by the Council. He said any
Councilmember may remove an item for individual consideration if requested. No items were
requested to be removed from the Consent Agenda and Mayor Davis asked for a motion.
Councilmember Begert made a motion to approve the Consent Agenda. Councilmember
Stewart seconded, and the motion carried unanimously.
Chief Planning Official Harry Persaud addressed the Council. He said SMU submitted
an application to rezone two lots from SF-4 to UC-2. He said the two lots abut an
existing university parking lot and SMU wants to incorporate them into that lot. Mr.
Persaud said the existing lot has 221 parking spaces and by incorporating the new area,
the total would be increased by 54 spaces. He said 27 of those spaces would in
the proposed PD.
Mr. Persaud said nearby property owners were notified of the rezoning request as
required by state law. He said of the 35 notices that were mailed, 9 were returned in
opposition and 12 were returned in favor. Mr. Persaud mentioned that the 12 notices in
favor were all from properties owned by SMU.
He stated that due to the percentage of notices returned in opposition, the rezoning
request will need to be approved by a 4/5 majority of the Council.
Mr. Paul Ward, General Counsel for SMU, addressed the Council. Mr. Ward said in
support of the City’s attempts to redirect students and faculty to park on-campus rather
than in residential neighborhoods, SMU is constructing an 800-space parking garage in
connection with the sophomore residential commons project. Mr. Ward stated
that many surface lots on the campus will be closed during this construction, and will
ultimately be taken out of service. Mr. Ward said one answer to this parking shortage is
to increase the number of parking spaces in the lot across from Burleson Park.
Mr. Ward said during public hearings by P & Z, neighbors voiced concerns that a
parking garage or other related structure could be built. He said any such structure
would not be a permitted use by the PD’s site plan. He also said neighbors did not want
SMU to use this lot to park their service vehicles and SMU had agreed to abide by this
request.
Mr. Ward stated the University was taking strides to ensure that this parking lot will not
be a detriment to the neighborhood. He said all parking spaces in the PD will face either
III. MAIN AGENDA
A. PUBLIC HEARING: on a request to change the zoning on a tract of approx. 0.3074 acre
more or less from Single Family SF-4 to PD-37 and approving a detailed site plan for
the expansion of an existing surface parking lot. The subject tract is described as Lots
14 and 15, Block 2, University Court Addition and situated on the south west corner of
University Boulevard and Dublin Street, City of University Park, Dallas County, Texas.
Page 14 of 104
University Blvd. or the alley, landscaping has been planned to obscure the lot and all
access to the lot will be from University Blvd.
Mr. Ward said the University plans to begin construction immediately to allow use of
the lot during the spring semester. He said that the lot will be used during home
football games and will be staffed starting at 7 a.m. on those dates. He said RVs are
currently allowed to park in the lot as long as they do not restrict normal circulation.
Mr. Ward stated that it would be difficult to restrict RVs from parking in one portion of
the combined lot. He said there are few places on campus where vehicles of that size
can be accomodated. He did mention that campus policy does not permit open-flame
grilling in this lot.
Mr. Philip Jabour, Associate Vice-President for Planning, Design and Construction at
SMU, addressed the Council regarding the plans for the parking lot’s landscaping. He
said the existing red oak trees on University Blvd. and the pecan tree on Dublin are
retained in the proposed design. He said they would supplement those trees with
additional live oaks on Dublin. Mr. Jabour said a 30" to 32" berm planted with
perennial grasses will be installed to act as a buffering screen. He said an SMU
monument sign will be constructed on the corner of University and Dublin, enhanced by
ground cover, shrubbery and 4 small palatka hollies.
Mr. Jabour stated that as requested by the neighbors, the monument sign has been
reduced in size to 16 feet long with a maximum height in the middle of 5’4" feet tall.
Mr. Jabour displayed a photometric layout showing standard walkway lights which he
stated would have minimal impact across Dublin.
Mayor Davis called resident Jennifer Calhoun to the lectern. Ms. Calhoun said
she lives at 2936 University. She thanked Mr. Ward and Mr. Jabour for working with
the neighborhood to address some of their concerns. She requested the Council consider
one more condition to the proposed ordinance which would restrict RVs or
motorcoaches from parking in the newly incorporated part of the parking lot.
Mayor Davis asked Mr. Ward about parking of RVs in this lot. Mr. Ward said the lot is
used during home football games, and prohibitting RVs in a portion of the lot could be
difficult to manage by contract parking staff.
Councilmember Clark asked if SMU could accept a restriction on RVs in the PD. Mr.
Ward said they would abide by the Council’s decision.
There were no further requests to speak and Mayor Davis closed the public hearing.
Councilmember Stewart stated that he has driven past the existing lot many times,
B. CONSIDER AND ACT: on an ordinance granting a change of zoning from Single
Family SF-4 to PD-37 and approving a detailed site plan for the expansion of an
existing surface parking lot.
Page 15 of 104
frequently finding it 80% full. He said it is not attractive now, but the landscaping
planned for the renovated lot will be a great asset.
Councilmember Clark agreed that the proposed landscaping will improve the site
and benefit the neighborhood. He said he is sympathetic to the neighbors' concern over
parking over-sized vehicles in the PD and would like to consider adding that condition
to the ordinance.
Councilmember Clark made a motion to approve an ordinance granting a change of
zoning from Single Family SF-4 to PD-37 and approving a detailed site plan for the
expansion of an existing surface parking lot with the added condition that no
recreational vehicles, motorcoaches or buses be allowed to park within the PD.
Councilmember Stewart seconded, and the motion carried unanimously.
ORDINANCE NO. 11/29
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF
THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS
TO GRANT PLANNED DEVELOPMENT DISTRICT NO. 37 FOR THE
PROPERTY DESCRIBED AS ALL OF LOTS 14 AND 15, BLOCK 2,
UNIVERSITY COURT ADDITION, IN THE CITY OF UNIVERSITY PARK,
DALLAS COUNTY, TEXAS; APPROVING A DETAILED SITE PLAN
ATTACHED AS EXHIBIT “A”; PROVIDING SPECIAL CONDITIONS AND
DEVELOPMENT STANDARDS; 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 THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
Director of Community Development Robbie Corder addressed the Council. Mr.
Corder said the City’s Code Enforcement Officers were previously in two departments
and staff determined it would be more efficient to consolidate them into one. In
addition, he stated that the Code Enforcement Officers would all be retitled Code
Compliance Officers and they would be under the purview of the Community
Development Department.
There were no questions from the Council and Mayor Davis asked for a motion.
Councilmember Begert made a motion to approve an ordinance amending Chapter 6 of
the Code of Ordinances (Health & Sanitation) regarding code enforcement
responsibilities. Councilmember Stewart seconded, and the motion carried unanimously.
ORDINANCE NO. 11/30
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
C. CONSIDER AND ACT: on an ordinance amending Chapter 6 of the Code of
Ordinances (Health & Sanitation) regarding code enforcement responsibilities
Page 16 of 104
AMENDING ARTICLE 6.03 OF THE CODE OF ORDINANCES TO CHANGE
THE NAME NEIGHBORHOOD INTEGRITY OFFICER TO CODE
COMPLIANCE OFFICER; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Director of Finance Kent Austin addressed the Council. He stated that each year the
Council is requested to approve an ordinance to carry forward the open purchase orders
from the previous fiscal year into the current fiscal year. He said the total amounts are
$711,398 for the General Fund, $254,397 for the Utility Fund and $18,131 for the
Sanitation Fund.
Mayor Davis asked if the Council had any questions for Mr. Austin. There were none
and he asked for a motion.
Councilmember Begert made a motion to approve an ordinance amending the FY2012
budget to carry forward FY2011 encumbrances. Councilmember Clark seconded, and
the motion carried unanimously.
ORDINANCE NO. 11/31
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE 2011-2012 FISCAL YEAR BUDGET, ORDINANCE NO.
11/20, TO CARRY FORWARD ENCUMBRANCES FROM THE 2010-2011
FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND
ENCUMBRANCES OF $711,398, UTILITY FUND ENCUMBRANCES OF
$254,397, AND SANITATION FUND ENCUMBRANCES OF $18,131; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Livingston addressed the Council regarding a proposed agreement for library
operations. He said Mayor Davis and Councilmember Stewart have been working with
the Friends of the UP Library for quite some time to craft this agreement. Mr.
Livingston said the Friends of the Library have executed the agreement and he
acknowledged Board President Bill Skelton and the immediate past president, Susan
Hall. Mr. Livingston said the agreement calls for a transitional period for the City take
over operations of the library once it moves to the new location in Preston Center. He
said the Friends are in the process of beginning a fundraising effort and have committed
to trying to provide $500,000 each year towards funding library operations. Mr.
Livingston said this will help prevent the library from facing budget cutbacks like many
libraries across the metroplex have the past few years. He said this is a momentous
occasion for the University Park Public Library.
D. CONSIDER AND ACT: on an ordinance amending FY2012 budget to carry forward
FY2011 encumbrances
E. CONSIDER AND ACT: on approval of an agreement between the City of University
Park and Friends of the Library (FOL) for operation of the University Park Public
Library in its new location in Preston Center
Page 17 of 104
Mr. Livingston asked Friends Board President Bill Skelton to address the Council.
Mr. Skelton said the Board voted unanimously last week to approve this agreement. He
said this parnership is a major step in making the library a vibrant center of learning for
the City.
Councilmember Stewart made a motion to approve the agreement between the City of
University Park and Friends of the Library (FOL) for operation of the University Park
Public Library in its new location in Preston Center subject to correction of any non-
substantive typographical errors in the document. Councilmember Clark seconded, and
the motion carried unanimously.
Ms. Jennifer Calhoun addressed the Council. She requested the Council consider upgrading
the University Blvd. entrance into the City and said she planned to bring a proposal to them in
the future towards this endeavor.
There were no additional requests to address the Council and Mayor Davis adjourned the
meeting.
Considered and approved this 6th day of December, 2011.
_________________________________
W. Richard Davis, Mayor
ATTEST:
____________________________
Elizabeth Spector, City Secretary
IV. ITEMS FROM THE FLOOR
Page 18 of 104
AGENDAMEMO
(12/6/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks
SUBJECT:DISCUSS:requesttochangeparkinglimitsincertai nretailshoppingareas
BACKGROUND:
Thepolicedepartmentrequestedthatpublicworkss taffreviewtheparkingsignsthroughoutSnider
PlazaandMiracleMileshoppingareas.ChiefAdams indicatedtheintentistocreateuniformityin
theenforcementofparkinginbothareas.Exhibits depictingthevariousdesignationsarenotlegible
atascalethatfitsinintheagendapackets.The mapswillbedisplayedattheCouncilmeeting.St aff
isproposingistore-signbothareaswitha"2-Hou rAnytime"parkingdesignation.Thespecialty
signs(i.e.,"15-minute"or"Handicap"spaces)woul dremain.
Staffnotifiedallbusinesseswithintheshoppinga reasthattheCouncilwillbediscussingthisissue .
RECOMMENDATION:
StaffrequestsCouncildirectionpriortodevelopin ganordinance.
Page 19 of 104
AGENDAMEMO
(12/6/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks
SUBJECT:CONSIDERANDACT:onrevisionstothecurrentsidew alkreplacementprogram
BACKGROUND:
AttheOctober18,201CityCouncilmeeting,staff reviewedthecurrentsidewalkreplacement
program.TheCouncilreferredtheitemtothePubl icWorksAdvisoryCommittee,whometin
November.Followingastaffpresentation,thecomm itteedeliberatedandunanimouslyrecommended
adoptionofacity-fundedsidewalkreplacementprog ram.Theproposedchangeinthesidewalk
programwillbemoreresident-friendly(nonotices,citations,orconfrontationwithstaff).
IftheCouncilisamenabletothePWACrecommendati on,staffwillplaceanitemon
theDecember20agendatoconsideranordinanceeli minatingSection3.14.044and3.14.045fromthe
CodeofOrdinancesoftheCityofUniversityPark (seeattachedexcerpts).
RECOMMENDATION:
ThePublicWorksAdvisoryCommitteerecommendsCity Councilapprovalofacity-fundedsidewalk
replacementprogram.
ATTACHMENTS:
PWACMinutes
CofOExcerpts
PWACPresentation
Page 20 of 104
CifUiiPkSidlkCity of University Park Sidewalk
ReplacementProgram
HISTORYANDALTERNATIVES
Replacement Program
HISTORY AND ALTERNATIVES
OCTOBER 2011
Page 21 of 104
Current Process for Sidewalk Replacement
1.City solicits and evaluates price quotes for sidewalk replacement
2 ResidentnotifiesCityofpotentialsidewalkviolation2.Resident notifies City of potential sidewalk violation
3.Code Enforcement (CE) investigates to determine if code violation exists
4.CE checks remainder of block to identify any other sidewalk violations.
5.CE sends “Notice of Violation” letter to property owners found to have 5 ppy
sidewalk violations.
6.CE addresses questions/concerns of property owners re: letter
7.Property owner contacts contractor to schedule repairs
8 Contractorschedulesindividualinspectionsforeachrepairlocation8.Contractor schedules individual inspections for each repair location
9.City performs 2 separate inspections of each repair
10.Work Completed
11.CE reinspectsto verify compliancepyp
12.Property owner pays contractor
13.Property owner submits request for reimbursement to City
14.City reconciles requested reimbursement with limits of CE violation
PhiiFiD15.Payment authorization sent to Finance Dept.
16.Reimbursement check issued to property owner
Page 22 of 104
Proposed Process for Sidewalk Replacement
1.City solicits and evaluates bids for sidewalk replacement
2.CE compiles list of defective sidewalk throughout the City
3.Annual scope of work is compiled to replace sidewalks on the list with
budgeted funds
4.City performs 2 separate inspections of each block
5.Contractor submits monthly pay request for work completed
6 Inspectorreconcilesquantitiesinstalledwithpayrequest6.Inspector reconciles quantities installed with pay request
7.Payment made to the contractor
Page 23 of 104
Sidewalk Replacement Program Data
FiscalYear ViolationsReimbursements Avg. Area of
Reimbursements City Fiscal Year Issued Processed Reimbursements
(s.f.)
y
Expenditures
2006133 N/A N/A $80,528
2007 332 N/A N/A $81,217
2008 277 38 (partial year data)110.24 $112,890773py4$,9
2009301 126 83.77 $81,405
2010 40 59 83.11 $31,167
201196 60 119.82 $13,652
Average196.5 81.67
(2009-2011)99.24 $66,810
Page 24 of 104
“100% City” Option
Estimated Costs and QuantitiesQ
FY 2012 SidewalkRepair Budget:$65,000
Estimated bidamount for sidewalk repair:$5.50/s.f.
Etitdidlk ldithbdtdfd 11818 fEstimated sidewalk replaced with budgeted funds:11,818 s.f.
Average sizeof sidewalk violations:99.24 s.f.
Estimated numberof sidewalk violations repaired :120
Advantages
•Residents avoid “notice of violation”
lettersoutofpocketexpenses
Disadvantages
•City bears full cost of sidewalk
replacementsletters, out of pocket expenses,
reimbursement requests, & contractor
negotiations.
•City avoids mailing violation letters,
replacements.
•City assumes responsibility for
maintenance of sidewalks (this has
historically been the responsibility of
processing reimbursement requests, &
inspection of individual repairs.
the abutting property owner.)
Page 25 of 104
“50-50 Fixed Price” Option
Estimated Costs and QuantitiesQ
FY 2012 SidewalkRepair Budget:$32,750
Estimated bidamount for sidewalk repair:$5.50/s.f. ($2.75 each)
Etitdidlk ldithbdtdfd 11909 fEstimated sidewalk replaced with budgeted funds:11,909 s.f.
Average sizeof sidewalk violations:99.24 s.f.
Estimated numberof sidewalk violations repaired :120
Advantages
•Residents do not have to “shop” for a
contractor
Disadvantages
•Residents face “notice of violation”
lettersoutofpocketexpensescontractor
•Likely cheaper than resident-
negotiated price for repairs
•City only funding half of repair costs
letters, out of pocket expenses,
reimbursement requests, & contractor
negotiations
•Considerable administrative effort for
•City does not assume responsibility for
sidewalk maintenance
City (letters, reimbursements, bidding,
inspections, etc.)
Page 26 of 104
“50-50 Variable Price” Option
Estimated Costs and QuantitiesQ
FY 2012 SidewalkRepair Budget:$83,363
Estimatedamount for sidewalk repair:$14.00/s.f.($7.00each)
Etitdidlk ldithbdtdfd 11909 fEstimated sidewalk replaced with budgeted funds:11,909 s.f.
Average sizeof sidewalk violations:99.24 s.f.
Estimated numberof sidewalk violations repaired :120
Advantages
•Residents are reimbursed for ½ of
repaircosts
Disadvantages
•Residents face “notice of violation”
lettersoutofpocketexpensesrepair costs
•City not responsible for soliciting bids
or managing a contract
•City does not assume responsibility for
letters, out of pocket expenses,
reimbursement requests, & contractor
negotiations
•Administrative effort for City (letters,
sidewalk maintenancereimbursements, inspections, etc.)
•Inflated costs for residents and City
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“100% Property Owner” Option
Estimated Costs and QuantitiesQ
FY 2012 SidewalkRepair Budget:$0
Estimated amount for sidewalk repair:$12.00/s.f.
Etitdidlk ldithbdtdfd 11909 fEstimated sidewalk replaced with budgeted funds:11,909 s.f.
Average sizeof sidewalk violations:99.24 s.f.
Estimated numberof sidewalk violations repaired :120
Advantages
•No cost to the City
•Citynotresponsibleforsolicitingbids
Disadvantages
•Residents face “notice of violation”
lettersoutofpocketexpenses&•City not responsible for soliciting bids
or managing a contract
•City does not assume responsibility for
sidewalk maintenance
letters, out of pocket expenses, &
contractor negotiations
•Some administrative effort for City
(letters, follow-ups, inspections, etc.)
•Resident bears full cost of repairs
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What are area cities doing?
Area cities with cost-share programs:
Dallas
Mesquite
Southlake
Garland
Area cities with city-funded replacement programs:
PlanoPlano
Rowlett
Coppell
FarmersBranchFarmers Branch
Area cities requiring residents to replace sidewalk:
Richardson
HihldPkHighland Park
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PUBLIC WORKS ADVISORY COMMITTEE
MEETING MINUTES
November 7, 2011
Committee Members Present: Chairman Mike Collins, Jeff McKenney, Randy
Hagens, Debbie Lane, John Farris, Charlie Canfield, Bill Knapp, Mike Selby, Alicia
Formagus
Committee Members Absent: John Cockrell and Robert Franks
Council Members Present: Tommy Stewart
Staff Present: Director of Public Works Bud Smallwood, Assistant Director of Public
Works Jacob Speer, City Engineer Bob Whaling, and Administrative Assistant for Public
Works Jodie Ledat
Guests: none
Chairman Collins called the meeting to order at 7:58am and asked the committee for
approval of the May 2 and October 17, 2011 meeting minutes which were distributed to
the committee via email. Mr. Bill Knapp moved to approve the minutes and Mr. Randy
Hagens seconded the motion. Chairman Collins turned the meeting over to Mr.
Smallwood.
Agenda Item No. 1: Discuss Drainage from Residential Building Sites and Make a
Recommendation for the City Council
Bud Smallwood informed the committee the current ordinance regarding basements
requires a sump pump to be installed that drains to either the street or alley. Recently a
builder installed an 18” storm sewer at their own expense which brought up the question
of how to handle future tie-ins to the line. Mr. Smallwood informed the committee that
staff is of the opinion that the Capital Projects budget could be used to install any storm
sewer lines in the future and asked the committee for their recommendation to Council.
Discussion ensued, and it was agreed that if a storm sewer line needs to be installed, it
should be installed by the builder to City engineering specifications and deeded to the
City. Mr. McKenney noted he was not in favor of using City funds.
Agenda Item No. 2 Discuss Potential Changes to the Sidewalk Replacement Program and
Make a Recommendation for the City Council
Mr. Smallwood introduced the sidewalk replacement program and utilized a PowerPoint
presentation to explain the current program and recent changes. He explained to the
committee the proposal of staff to change the 50/50 reimbursement program to a 100%
City cost to address the increasing amount of administrative oversight the program
requires as well as other difficulties that have arisen under the cost-share program. As
proposed, the City would compile a list of sidewalk sections that do not meet code, bid
out the work, and replace as much sidewalk as possible with that fiscal year’s budgeted
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funds (currently $65,000). The work would be built to City code which will address any
quality concerns. Jacob Speer was asked to discuss the budgetary and violation history of
the program. Mr. Speer noted the average cost to the City per violation is approximately
$250.00.
Mrs. Formagus asked if the bidding requirements address “behavior” of the contractors,
noting the Cutler Repaving employees were “a rough bunch”.
Chairman Collins suggested notifying residents of the work including a contact name and
number for the company and informing residents they can contract with the company for
additional work at their own expense.
Mr. Canfield asked if the administrative fees to oversee and implement the program
amount to $32,000 / year. Mr. Speer explained that each scenario is different, and it is
hard to quantify the administrative cost, but he will try to generate a figure and get that
information to Mr. Canfield.
Mrs. Formagus and Mrs. Lane both felt it was a positive move for residents.
Mr., Knapp moved to recommend to Council the sidewalk replacement program be
revised to a 100% cost to the City and be handled as a Capital Project. Mr. Selby
seconded the motion with all members present in favor.
Agenda Item No. 3: Update on Current Public Works Projects
Mr. Smallwood utilized a map of the City depicting the five (5) Capital Projects currently
under way, specifically 47017 (Tulane), 49250 and 44401 (traffic signals for the Lovers /
Baltimore intersection and the Daniel / Hillcrest intersection), 47200 (Key Street), 49150
(Westwick paving and drainage), and 49210 (Boedeker pavement).
Mrs. Formagus informed the committee she would recommend to the DCPCMUD Board
of Directors that they install natural gas powered generators in the event of a loss of
electricity.
The meeting was adjourned by Bud Smallwood at 9:09am.
_____________________________
Michael Collins, Chair
Public Works Advisory Committee
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Sec. 3.14.044 Liability for defective sidewalk
The abutting property owner or person enjoying the use of any property abutting on a public
sidewalk that has become defective and has resulted in causing damage or injury as a result of
such defective condition shall be primarily liable in damages for any loss or damage sustained as
a result of such defective condition. (1996 Code, sec. 3.1415)
Sec. 3.14.045 Notice to repair
(a) Any sidewalk, parkway, or driveway which has become defective, unsafe, and hazardous is
hereby declared a public nuisance, and it shall be the duty of the owner or owners or persons
having custody, care, control, or occupying property abutting on any street, avenue, public alley,
place, square, section, or part thereof, along which said sidewalk, parkway, or driveway shall lie,
to reconstruct or repair the same within ninety (90) days from the receipt of notice from the code
enforcement officer; provided, however, that the community development director may, upon
written application and with good cause shown by the owner, grant extensions of such time for
the completion of such reconstruction or repair.
(b) The form of notice to be issued by the community development director shall be in a form
as may be approved by him, but shall specifically describe the property to be repaired and give
the owner a specified time within which to make such repairs and further notify the owner that
failure to make such repairs within thirty (30) days shall constitute a violation of this division.
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AGENDAMEMO
(12/6/2011AGENDA)
TO:HonorableMayorandCityCouncil
FROM:BobLivingston,CityManager
SUBJECT:CONSIDERANDACT:onapprovalofaConstructionMan ager-Agentcontract
withRogers-O'BrienConstructionforfinish-outof UniversityParkPublicLibrary
BACKGROUND:
RecentlythreefirmswereinterviewedtoserveasC onstructionManager–Agentforthefinish-outof
thenewlibraryspaceinPrestonCenter.Represent ativesofGallagherConstructionServices,Julian
P.BarryGeneralContractor,L.P,andRogers-O’BrienConstructionwereinterviewedbyacommittee
comprisedofMayorDavis,CouncilmemberStewart,Fi nanceDirectorKentAustinandPurchasing
AgentChristineGreen.Aftertheinterviews,theco mmitteeunanimouslyrecommendeddevelopinga
contractwithRogers-O’BrienConstructionforthework.Principalreasons fortherecommendation
were:
Rogers-O’Brienisconstructingtheofficebuilding wherethelibrarywillbelocated.This
beingthecase,thepotentialforconflictsregardi ngconstructiondetailswillbereducedor
eliminatedbyusingthesamefirmforthefinish-ou t.
Becausethefirmwillalreadyhaveapresenceonth eworksite,overallcostsshouldbereduced.
Workonthefinish-outwillbebeginsoonerdueto thefactthatRogers-O’Brienwillbeonthe
siteandthefinish-outworkcanbeginwhileother constructionisinprogress.Rogers-O’Brien
feelstheywillbeabletodeliverthelibraryspac etotheCityforoccupancybytheendof
November2012.Thisis4to5monthsearlierthani fweusedanotherconstructionmanager
andhadtowaituntilthebuildingwascompletedto beginthework.
ThefeefortheConstructionManager–Agentwillb e$75,000plusupto$91,055 foractual
expendablesforatotalof$166,055 .Apreliminarybudgetfortheentireprojectisco ntainedon
AttachmentBincludingtheConstructionManager–Agentfees.Thetotalestimatedcostforthe
projectatthistimeis$2,489,809.Ihaveidentifi edrevenueof$2,150,000includingthefinish-out
allowancefromthebuildingcontractandtheByrdE stateFunds.Additionalfundstocoverthe
remaining$339,809 shouldbecomeavailablethroughthefundraisingef fortsbytheFriendsofthe
Library.
TheattachedstandardAIADocumentsbetweenaConst ructionManager–AgentandOwner,forms
C132-2009&A232-2009,havebeenreviewedandappro vedbytheCityAttorney.Ifyouhave
questions,pleaseletmeknow.
RECOMMENDATION:
Page 33 of 104
ItisrecommendedthattheCouncilapprovethecont ractdocumentswithRogers-O'Brien
Constructionasattached.
FUNDINGSOURCE:
FundingisoutlinedonAttachmentB-LibraryConst ructionBudget.
ATTACHMENTS:
AIAC-132Contract
C-132AttchA
AIAA-232Pt1of2
AIAA-232Pt2of2
Rogers-O'BrienCert.ofLiabilityIns.
ConstructionBudget
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