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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 Page 27 of 104 “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 Page 28 of 104 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 Page 29 of 104 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 Page 30 of 104 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 Page 31 of 104 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. Page 32 of 104 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 Page 34 of 104 Page 35 of 104 - See Attachment A Page 36 of 104 Page 37 of 104 Page 38 of 104 Page 39 of 104 Page 40 of 104 Page 41 of 104 Page 42 of 104 Page 43 of 104 Page 44 of 104 Page 45 of 104 Page 46 of 104 Page 47 of 104 Page 48 of 104 Page 49 of 104 Page 50 of 104 Page 51 of 104 Page 52 of 104 Page 53 of 104 Page 54 of 104 ATTACHMENT A Page 55 of 104 Page 56 of 104 Page 57 of 104 Page 58 of 104 Page 59 of 104 Page 60 of 104 Page 61 of 104 Page 62 of 104 Page 63 of 104 Page 64 of 104 Page 65 of 104 Page 66 of 104 Page 67 of 104 Page 68 of 104 Page 69 of 104 Page 70 of 104 Page 71 of 104 Page 72 of 104 Page 73 of 104 Page 74 of 104 Page 75 of 104 Page 76 of 104 Page 77 of 104 Page 78 of 104 Page 79 of 104 Page 80 of 104 Page 81 of 104 Page 82 of 104 Page 83 of 104 Page 84 of 104 Page 85 of 104 Page 86 of 104 Page 87 of 104 Page 88 of 104 Page 89 of 104 Page 90 of 104 Page 91 of 104 Page 92 of 104