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HomeMy WebLinkAbout2011.12.20 City Council AgendaCITYOFUNIVERSITYPARK REGULARCITYCOUNCILMEETING LOCATION:CITYHALLCOUNCILCHAMBER AGENDA#2827 DECEMBER20,2011 CALLTOORDER:5:00P.M. 3:00-3:30P.M.EXECUTIVESESSION:TheCouncilwillconveneintoclosedexecutivesessionas authorizedbyTexasGovernmentCodeSection551.071toconsultwiththecity attorneyregardingpendinglitigation.ConsiderLegacyHillcrestInvestments,Ltd.v. theBoardofAdjustmentoftheCityofUniversityPark,Texas,and,AndrewCampbellv. theCityofUniversityPark,Texas,etal.Noactionwillbetaken.Executive ConferenceRoom,1stfloor,CityHall. 3:30-4:00P.M.DISCUSS:DirectorofParksGerryBradleywillprovideinformationtotheCouncil regardingpotentialWilliamsParklandscaperenovation.CouncilConferenceRoom, 2ndFloor,CityHall. 4:00-5:00P.M.WORKSESSIONFORAGENDAREVIEW:CouncilConferenceRoom,2ndfloor, CityHall TOSPEAKONANAGENDAITEM AnyonewishingtoaddresstheCouncilonanyitemmustfilloutagreen“RequesttoSpeak”formand returnittotheCitySecretary.WhencalledforwardbytheMayor,beforebeginning theirremarks,speakers areaskedtogotothepodiumandstatetheirnameandaddressfortherecord. I.CALLTOORDER A.INVOCATION:DirectorofCommunityDevelopmentRobbieCorder B.PLEDGEOFALLEGIANCE:DirectorofCommunityDevelopmentRobbieCorder/ BoyScouts C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDavis D.INTRODUCTIONOFSTAFF:CityManagerBobLivingston II.AWARDSANDRECOGNITION A.RECOGNITION:“ParkDesignExcellence”AwardforCoffeePark - Bradley Pg 3 B.RECOGNITION:ofCertificateofAchievementforExcellenceinFinancialReporting, FY2010 - Austin Pg 4 III.CONSENTAGENDA A.CONSIDERANDACT:onapprovalofbidsreceivedfortrafficsignalimprovements attheintersectionsofHillcrest-DanielandLoversLane-Baltimore - Smallwood Pg 5 B.CONSIDERANDACT:onapprovalofminutesoftheDecember6,2011CityCouncil meeting - Spector Pg 9 IV.MAINAGENDA Page 1 of 106 A.PUBLICHEARING:onanordinancegrantingchangeofzoningfromUniversity CampusMainDistrict,UC-1toPlannedDevelopmentDistrict“PD-40”and considerationofadetailedsiteplantoincludeaparkinggarage,residentialstudent housingcomplexandadiningfacility.Thesubjecttractisapprox.7.59acresand locatedwestofandabuttingDublinandnorthofandabuttingAirline,Cityof UniversityPark,DallasCounty,Texas. - Persaud Pg 15 B.CONSIDERANDACT:onanordinancegrantingchangeofzoningfromUniversity CampusMainDistrict,UC-1toPlannedDevelopmentDistrict,“PD-40”andapproving adetailedsiteplantoincludeaparkinggarage,residentialstudenthousingcomplexand adiningfacility.Thesubjecttractisapprox.7.59acresandlocatedwestofandabutting DublinandnorthofandabuttingAirline,CityofUniversityPark,DallasCounty, Texas. - Persaud Pg 71 C.CONSIDERANDACT:onthepurchaseofindividualandaggregatestoploss insurancefortheCity'sself-insuredhealthplanfromCIGNA - Hanford Pg 72 D.CONSIDERANDACT:onAdvanceFundingAgreementwithTxDOTtoallow voluntaryCitymaintenanceofcertainCentralExpresswayoverpasses - Bradley Pg 77 E.DISCUSS:aproposaltocontractforvarioussanitationservicesnotcurrentlyoffered bytheCity'sSanitationDivision - Speer Pg 105 F.CONSIDERANDACT:onappointmentofspecialcounseltorepresenttheCity's interestsin LegacyHillcrestInvestments,Ltdv.theBoardofAdjustmentoftheCityof UniversityPark,Texas - Livingston Pg 106 V.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 106 AGENDAMEMO (12/20/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:GerryBradley,DirectorofParks SUBJECT:RECOGNITION:“ParkDesignExcellence”AwardforCof feePark BACKGROUND: TheCityofUniversityParkhasreceivedaregional awardfor“ParkDesignExcellence”fromthe TexasRecreationandParksSocietyfortherecenti mprovementstoCoffeePark.Theorganizationhas indicatedtheprojectmatchedtheawardcriteriaba sedonprovidingevidenceoftheproject’s originality,innovation,adaptabilityandoverallp ositiveimpacttothecommunity. Mr.MichaelMassey,DirectorofParksandRecreatio nfortheCityofRichardsonandcurrent PresidentoftheTexasRecreationandParksSociety willpresenttheMayorandCityCouncilwith thisaward. Page 3 of 106 AGENDAMEMO (12/20/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:KentAustin,DirectorofFinance SUBJECT:RECOGNITION:ofCertificateofAchievementforExcellenceinFin ancial Reporting,FY2010 BACKGROUND: Eachyear,followingcompletionoftheannualaudit ,theFinancestaffsubmitstheCity's ComprehensiveAnnualFinancialReport(CAFR)tothe GovernmentFinanceOfficersAssociation (GFOA)forconsiderationinGFOA'sannualcertifica teprogram.TheCertificateofAchievementfor ExcellenceinFinancialReportingrecognizeslocal governmentswho"gobeyondtheminimum requirementsofgenerallyacceptedaccountingprinc iplestopreparecomprehensiveannualfinancial reportsthatevidencethespiritoftransparencyan dfulldisclosureandthentorecognizeindividual governmentsthatsucceedinachievingthatgoal. UniversityPark'smostrecentsubmissionwastheFY 2010CAFR,forthefiscalyearendedSeptember 30,2010(theFY2011CAFRiscurrentlybeingprepar ed).Thisisthe13thconsecutiveyearthat GFOAhasawardedtheCityofUniversityParktheCe rtificateofAchievement.CityControllerTom TvardzikwillaccepttheawardonbehalfoftheCit y. Page 4 of 106 AGENDAMEMO (12/20/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:GeneR.Smallwood,P.E.;DirectorofPublicWorks SUBJECT:CONSIDERANDACT:onapprovalofbidsreceivedfortrafficsignalimp rovements attheintersectionsofHillcrest-DanielandLovers Lane-Baltimore BACKGROUND: EngineeringDivisionstaffdevelopedplansandspec ificationsfortrafficsignalimprovementsatthe above-referencedintersections.Bothprojectshave beenpreviouslyreviewedbytheCapitalProjects ReviewCommitteeandtheCityCouncil. TheHillcrest-Danielprojectgenerallyincludesrel ocationofthepoleandtwosignalmastarmsatthe southwestcorneroftheintersection.Aftermoving thepole,thecurbalongthesouthsideofDaniel (northsideofthetriangularisland)willberecon structedapproximatelysixfeettothesouth,there by accomodatinganadditionallaneforeastboundtraff ic. TheLoversLane-Baltimoreprojectwillincludeinst allationofnewpolesandmastarmsatallfour cornersoftheintersection. BidswereadvertisedintheCity'spaperofrecord ontwoseparateoccasions.Threecontractors respondedtothesolicitationfortheproposedproj ect,withRepublicIntelligentTransportation Services,Inc.submittingthelowestresponsive,re sponsiblebidat$137,949.00.Citystaffandtraff ic consultingengineerDannieCummings,P.E.reviewed thebidsandreviewedthelowbidder's references. Theprojectisonthe5-yearCIP,andfundsareava ilableintheCapitalProjectsFund. RECOMMENDATION: StaffrecommendsCityCouncilapprovalofthebids andauthorizationfortheCityManagertoenter intoacontractwithRepublicIntelligentTransport ationServices,Incintheamountof$137.949.00. FUNDINGSOURCE: CAPITALPROJECTSFUND AcctNo44.44.4410 ProjectNo44401.2300$43,360.00 ProjectNo49250.2300$94,589.00 ATTACHMENTS: SIGNALIMPROV Page 5 of 106 Page 6 of 106 Page 7 of 106 Page 8 of 106 AGENDAMEMO (12/20/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector,CitySecretary SUBJECT:CONSIDERANDACT:onapprovalofminutesoftheDecember6,2011City Councilmeeting BACKGROUND: MinutesareincludedfortheCouncil'sreview. ATTACHMENTS: Dec6,2011CCMtgMin Page 9 of 106 MINUTES AGENDA #2826 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS COUNCIL CHAMBER – CITY HALL TUESDAY, DECEMBER 6, 2011, 5:00 P.M. 2:45 - 3:00 P.M. UNIVERSITY PARK CIVIC FOUNDATION ANNUAL BOARD OF DIRECTORS MEETING, COUNCIL CONFERENCE ROOM, SECOND FLOOR, CITY HALL. 3:00 - 4:00 P.M. DIRECTOR OF PUBLIC WORKS BUD SMALLWOOD PROVIDED DRAINAGE DETAILS ASSOCIATED WITH POTENTIAL WILLIAMS PARK / GOAR PARK RENOVATIONS AS PREVIOUSLY DISCUSSED BY PARK ADVISORY COMMITTEE CHAIRMAN BILL PARDOE. COUNCIL CONFERENCE ROOM, SECOND FLOOR, CITY HALL. Mr. Smallwood discussed several issues that could be addressed if the Council found the need was great enough. He detailed the current flood plain in the areas surrounding Williams Park and pond. Smallwood said the potential upgrades could greatly reduce the boundaries of the 100-year flood plain at that site and would involve improvements to McElvaney Dam, and the box culverts under McFarlin Blvd. and University Blvd. Mr. Smallwood also mentioned that the dam improvements would reduce the current pond level. He said the contractor included with their bid an option to retain the current pond level by installing a spillway at the McFarlin bridge. He said this would substantially increase the scope of work. Note: several residents attending the meeting whose homes surround the pond stated they wanted the pond to be kept at its current level. They also mentioned that they would like the city to dredge the pond and creek areas and remove detritus from the water as quickly as feasible. Mr. Smallwood said that all the drainage and landscape improvements he discussed would cost approximately $8.7 million and with the additional spillway at McFarlin, costs would increase by over $4 million. Mayor Davis said in this financial climate, he did not think spending that much would be advisable. He asked staff to find a way to compromise and reduce the project’s scope. He suggested that staff assign study of this problem to various departments and committees and to keep the area homeowners advised. 3:57 - 4:16 P.M. THE COUNCIL CONVENED INTO CLOSED EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 551.071(2) TO RECEIVE CONFIDENTIAL LEGAL ADVICE FROM THE CITY ATTORNEY REGARDING PENDING BOARD OF ADJUSTMENT CASES. NO ACTION WAS TAKEN. EXECUTIVE CONFERENCE ROOM, FIRST FLOOR, CITY HALL. 4:20 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW COUNCIL CONFERENCE ROOM, SECOND FLOOR, CITY HALL. The Regular City Council Meeting was called into session at 5:00 p.m. in the Council I. CALL TO ORDER Page 10 of 106 Chamber at City Hall. Present were Councilmember Stewart, Mayor Pro Tem Grable, Mayor Davis, Councilmember Clark, and Councilmember Begert. Also in attendance were City Manager Livingston, and City Attorney Dillard. There were several Boy Scouts in attendance at the meeting. Mayor Davis asked them to assist in leading the Pledge of Allegiance and introduce themselves afterwards. The scouts included: J. T. Graass, Troop 730, Citizenship in the Community; Will Hardage, Troop 730, Citizenship in the Community; Daniel Chavez, Troop 730, Citizenship in the Community; Colton Barber, Troop 730, Citizenship in the Community; and, Mahesh Ramgopal, Troop 577, Communications. Mayor Davis thanked the scouts for attending the meeting. Staff in attendance included: Fire Chief Randy Howell, Director of Parks Gerry Bradley, Director of Human Resources Luanne Hanford, Administrative Assistant George Ertle, Director of Community Development Robbie Corder, Assistant Director of Public Works Jacob Speer, Director of Finance Kent Austin, City Secretary Liz Spector, Director of Public Works Bud Smallwood, Police Chief Gary Adams, Director of Information Services Jim Criswell and Community Information Officer Steve Mace. Approval of the contract for $39,900 with Freese and Nichols provides engineering services to evaluate pumping systems, electrical impacts, and system pressures at the Germany Park Booster Pumping Station. Approval of this agreement between the City and Highland Park Presbyterian Church allows for the Church’s use of 30 of the 45 spaces in the City Hall Friendship parking lot during Sunday church services. Councilmember Stewart made a motion to approve the Consent Agenda. Councilmember Clark seconded, and the motion carried unanimously. A. INVOCATION: Councilmember Tommy Stewart B. PLEDGE OF ALLEGIANCE: Councilmember Tommy Stewart / Boy Scouts C. INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D. INTRODUCTION OF STAFF: City Manager Bob Livingston II. CONSENT AGENDA A. CONSIDER AND ACT: on a contract with Freese & Nichols to provide engineering services associated with the Germany Park booster pumping station B. CONSIDER AND ACT: on an agreement with the Highland Park Presbyterian Church for Sunday use of the City Hall parking lot C. CONSIDER AND ACT: on minutes of the November 15, 2011 City Council Meeting Page 11 of 106 Bud Smallwood addressed the Council. He said he was asked by the Police Department to create uniform parking time limits in two of the City’s commercial centers, Snider Plaza and the area known as the Miracle Mile. He said this would make enforcement easier for the police department as well as for patrons of the shopping centers. Mr. Smallwood said he proposed to make the time limit 2 Hour Parking Anytime. He said the majority of the parking is currently 2 Hour Parking, Monday through Friday from 9 - 5, with some Monday through Saturday, 8 - 4. Mr. Smallwood said notices were sent to all property owners and establishments of this possible change. He said he received four phone calls from Snider Plaza business owners that were supportive of this change and no negative feedback. Mr. Smallwood said several emails were received from business owners and customers of the Miracle Mile, the area on Lovers Lane between the tollway and Douglas. He said most of these emails were not supportive of the change to the parking time limits. Mr. Brad Pashby, the manager of the Firestone in the Miracle Mile shopping center, addressed the Council. Mr. Pashby said the Miracle Mile essentially has one parking time limit so there should be no confusion for traffic enforcement personnel. He said the parking limits are already very restrictive for his business. He said he paid over $500 in parking tickets last month due to having nowhere to park his customers vehicles. He said Firestone almost didn’t re-sign their current lease due to the parking restrictions. Mr. Ashby said that 90% of his customers live within a 2-mile radius and the customers would lose the only full-service car repair business in the neighborhood. Mr. Grant Gamster, 4406 Emerson, addressed the Council. Mr. Gamster said he and his brother own Chip’s Old-Fashioned Hamburgers located in the Miracle Mile. He said there is no confusion with parking limits. He said most of the businesses there close about 6 p.m. and there is not a weekend parking problem. He said this time limit change will directly impact his restaurant by limiting customers to 2 hours in his establishment. He said he understands the need for uniformity, but he said it already exists. Dr. Karl Black, co-owner of Park Cities Animal Hospital, addressed the Council. He said he also opposes more restrictive parking limits. He said there is no conflict in the Miracle Mile area. He said any parking problem is due to employees of businesses in that area. Dr. Black asked that rather than make parking more restrictive, the Council try to provide relief for the business owners on the Miracle Mile. He asked that the Council consider the Miracle Mile area separately from Snider Plaza. Mayor Davis said this is a discussion item to instruct staff whether or not to bring an III. MAIN AGENDA A. DISCUSS: request to change parking limits in certain retail shopping areas Page 12 of 106 enacting ordinance and no decision is currently on the table. He asked the Council if they had anything to add. Councilmember Begert said he approves the change for Snider Plaza, but he would like more information regarding the Miracle Mile area. Councilmember Begert made a motion to request staff to place an amending ordinance changing parking limits Snider Plaza to 2 Hour Anytime on a future agenda. Councilmember Clark seconded, and the motion carried unanimously. Councilmember Begert made a motion to table discussion of changes to parking limits in the Miracle Mile shopping area. Councilmember Stewart seconded, and the motion carried unanimously. Bud Smallwood addressed the Council regarding a request by staff to revise the sidewalk replacement program. He said after discussion of this item at the October 18, 2011 Council meeting, the Council referred this request to the Public Works Advisory Committee (PWAC) for their recommendation. Mr. Smallwood said at their November 7, 2011 meeting, PWAC unanimously recommended implementing a 100% City-funded sidewalk repair and replacement program and ending the cost-sharing program. Mr. Smallwood said staff would modify the program to annually bid out the sidewalk replacement program at the City’s cost, budgeted at the same annual expenditure of $65,000. Smallwood said Code Enforcement will identify defective sidewalk secions, and curb and gutter contractors will replace the identified sections during scheduled replacement contracts. He said resident requests for repairs will be handled internally by Infrastructure Maintenance staff. Councilmember Clark asked whether Mr. Smallwood anticipated the costs for the City will increase. Mr. Smallwood said that over the past 5 years, there has only been one year where expenditures have exceeded budgeted amounts of $65,000. He expects this trend to continue. Councilmember Clark made a motion to approve revisions to the current sidewalk replacement program as recommended by PWAC and staff. Mayor Pro Tem Grable seconded, and the motion carried unanimously. City Manager Livingston reviewed the request to contract with Rogers-O’Brien for finish-out of the University Park Public Library in its new Preston Center location. He said that a committee comprised of Purchasing Agent Christine Green, Director of Finance Kent Austin, Mayor Davis, and Councilmember Stewart interviewed B. CONSIDER AND ACT: on revisions to the current sidewalk replacement program C. CONSIDER AND ACT: on approval of a Construction Manager - Agent contract with Rogers-O’Brien Construction for finish-out of University Park Public Library Page 13 of 106 representatives of three companies who submitted bids to finish out the library. Mr. Livingston said all three bids were very competitive and each company had good reputations, but ultimately, he said the committee unanimously decided select Rogers- O’Brien because they already had the contract to construct the office building in Preston Center that will house the library and could complete the finish-out much sooner than the other companies. Mr. Livingston stated that the fee proposed by Rogers-O'Brien is $75,000 plus $91,000 in expendable costs. He mentioned that there is a clause in the contract for cost-sharing of savings if the final costs come in under budget. Mr. Livingston said that the total cost to complete the library, including finish-out, architecture fees and furniture is estimated at $2.4 million. Councilmember Stewart said all three of the firms interviewed by the committee are equally qualified, but the selection of Rogers-O’Brien will be advantageous for the City because of the firm’s presence at the site during the building’s construction. Councilmember Stewart made a motion to approve a Construction Manager - Agent contract with Rogers-O’Brien Construction for finish-out of University Park Public Library. Councilmember Begert seconded, and the motion carried unanimously. There were no requests to address the Council from the floor, and Mayor Davis adjourned the meeting. Considered and approved this 20th day of December, 2011. _____________________________ W. Richard Davis, Mayor ATTEST: ____________________________ Elizabeth Spector, City Secretary IV. ITEMS FROM THE FLOOR Page 14 of 106 AGENDAMEMO (12/20/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:HarryPersaud,MRTPI,AICP,ChiefPlanningOfficial SUBJECT:PUBLICHEARING:onanordinancegrantingchangeofzoningfromUniv ersity CampusMainDistrict,UC-1toPlannedDevelopmentD istrict“PD-40”and considerationofadetailedsiteplantoincludea parkinggarage,residentialstudent housingcomplexandadiningfacility.Thesubject tractisapprox.7.59acresand locatedwestofandabuttingDublinandnorthofan dabuttingAirline,Cityof UniversityPark,DallasCounty,Texas. BACKGROUND: The7.59acretractislocatedwestofandabutting DublinandnorthofandabuttingAirlineRoadand currentlyzonedUC-1zoningdistrictclassification inaccordancewiththecomprehensivezoning ordinance.SMUownstheentiretractandwishest odevelopthesiteforastudenthousingcomplex, aparkinggarageandadiningfacility.Allofth eproposedusesarepermittedundertheUC-1zoning district.However,SMUisproposingaplanneddeve lopmentdistrictwhichwillessentiallyprovide forsmallerfrontyardsetbacksalongDublinandAi rlineRoads. Thedetailedsiteplanshowsproposedminimumbuild ingsetbacksof14feetoffofDublinStreetfor theparkinggarageand25feetoffofDublinandAi rlinefortheresidentialcommons.Building setbackswhichareinteriortothesiteandallbui ldingheightsshallconformtostandardsintheUC-1 zoningdistrict. Theattacheddraftordinanceasrecommendedbythe PlanningandZoningCommissionprovidesfor permitteduses,developmentstandardsandspecialc onditionsfortheproposedplanneddevelopment districtsoastoincorporatethebuildingsasdesi gnedonthesubjectsite. TheCitynotifiedownersofpropertieslocatedwith in200feetofthesubjecttractoftheproposed zoningchangeandajointlegalnoticewaspublishe dintheParkCitiesnewsonNovember17,2011. SixteenresponseswerereceivedfromSMU,allinf avoroftheproposedrezoning,withnone opposed. RECOMMENDATION: PlanningandZoningCommissionvotedunanimouslyto recommendapproval. ATTACHMENTS: DraftOrdinance DetailedSitePlan(1) DetailedSitePlan(2) ResponsesfromSMU MinutesofP&ZforDecember13,2011 Page 15 of 106 1 ORDINANCE NO. ___________________________ 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. 40 FOR THE PROPERTY DESCRIBED AS 7.5991 ACRES, MORE OR LESS, BEING PART OF LOT 1A, BLOCK 4 OF EAST UNIVERSITY PLACE ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; APPROVING A DETAILED SITE PLAN ATTACHED AS EXHIBIT “B”; 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. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, are hereby amended to grant Planned Development District No. 40 (“PD- 40”) for the property described as 7.5991 acres, more or less, being part of Lot 1A, Block 4 of East University Place Addition, an Addition to the City of University Park, Dallas County, Texas, and being more particularly described in Exhibit “A” attached hereto and made part hereof for all purposes, the same as if fully copied herein (the “Property”). SECTION 2. The Detailed Site Plan for PD-40 (“site plan”), attached hereto as Exhibit “B” and made a part hereof for all purposes, the same as if fully copied herein, is approved as the Page 16 of 106 2 Detailed Site Plan for said Planned Development District as required by Section 17-101 (2) of the Comprehensive Zoning Ordinance of the City of University Park, Texas. Approval of the site plan is subject to the following special conditions: A. The Property shall be developed only in conformance with the requirements of this ordinance granting the planned development district and the site plan; B. Uses Permitted: The permitted uses in this planned development district shall include a parking garage, residential student housing complex and a dining facility for Southern Methodist University (“SMU”). In addition to the uses as shown on the site plan, all uses which are permitted in the UC-1 zoning district under Section 20-102 of the Comprehensive Zoning Ordinance will be permitted in PD-40. C Required Parking: 1. Parking requirements for all development in PD-40 shall be in accordance with Section 26-103 of the Comprehensive Zoning Ordinance. 2. The parking garage shall provide a minimum of 750 parking spaces. D. Development Standards: 1. Building setbacks: All development in PD-40 shall comply with building heights and building setbacks as permitted in the UC-1 zoning district, with the exception of the following setbacks: (a) The parking garage located west of and abutting Dublin Street shall be aligned with the Crum Center and set back fourteen feet (14’), measured from the property line along Dublin Street. (b) The buildings for the residential student housing complex located west of and abutting Dublin Street, and north of and abutting Airline Road, shall provide for a minimum building setback of twenty-five feet (25’), measured from the property line on Dublin Street and Airline Road. 2. All other building setbacks: Page 17 of 106 3 Except for building setbacks provided for in Section D 1 (a) and (b) above, all other setbacks in PD-40 shall comply with development standards provided in the Comprehensive Zoning Ordinance for the UC-1 zoning district. 3. Building Height: (a) Maximum building height for the UC-1 zoning district shall apply to all development in PD-40. (b) The following structures on top of a building may project not more than ten feet (10’) above the maximum building height: (i) Elevator penthouse or bulkhead; (ii) Mechanical equipment room; (iii) Cooling tower; (iv) Ornamental cupola, spire, finial or dome; (v) Skylights; (vi) Clerestory; (vii) Visual screens that surround roof-mounted mechanical equipment; and (viii) Chimney and vent stacks. 4. Development Standards for Buildings: Except as otherwise indicated on the approved site plan, all buildings and structures in this PD shall be regulated by the development standards contained in the UC-1 zoning district. E. Landscaping: The landscape plan requires Live Oak trees to be installed along the street frontages on Dublin Street and Airline Road. Trees shall be approximately three inches (3”) in caliper, a minimum of 16 feet in height and have a minimum 6 feet of canopy at the time of installation. All other landscaping, including lawn and planting beds on the Property shall be in substantial compliance with the approved landscape plan. All planting materials shown on the landscape plan, including trees, shall be irrigated and maintained in a healthy condition at all times. F. Modifications to Site Plan: The City Manager or his designated representative, the Community Development Director, may authorize changes to the site plan provided that such changes do not materially alter the basic relationship of the proposed development to the adjacent property, and which do not alter the uses permitted. Page 18 of 106 4 G. Signs: Except as set forth in the site plan, all signs must be in compliance with the City of University Park sign ordinance in effect at the time of sign permit application. H. Traffic Studies Required: SMU will pay the cost of a traffic impact analysis (“TIA”) to be performed approximately (i) thirty-six (36) months after the opening of the George W. Bush Presidential Center, or (ii) twelve (12) months after certificates of occupancy are issued for all improvements, to include the parking garage, residential student housing complex and dining facility, whichever is later. The purpose of the TIA is to determine the impact of increased traffic, if any, caused by the construction of the parking garage, residential student housing and dining facility on streets abutting the subject site, including the intersection of SMU Boulevard and Dublin Street. The TIA shall be conducted by a consultant selected by SMU and approved by the City. SMU will pay the cost of the TIA and the cost of all improvements, traffic control devices and/or measures deemed reasonably necessary by the City to mitigate traffic related impacts roughly proportional to the impact of the residential student housing complex, dining facility and parking garage identified by the TIA. I. External Lighting: Developments abutting Dublin Street and Airline Road shall be in substantial compliance with the photometric layout attached to the site plan. J. Utilities: Details for the location and capacity of utilities on the subject site, including water, sanitary and storm sewer and electric, shall be submitted with the building permit application for review and approval of the Director of Public Works prior to the issuance of a building permit. K. Fire lanes: All fire lanes and fire protection systems shall be approved by the Fire Marshal prior to the issue of a building permit. L. Construction Vehicles: No parking of construction vehicles or equipment will be permitted on City streets. If space is available, all parking shall be accommodated on the site. If available space is inadequate, SMU shall provide off-site parking and shuttle workers to the site. Parking of construction vehicles on City streets which are closed for construction must be approved by the Director of Public Works. Page 19 of 106 5 M. Construction Hours: Unless written permission is granted by the Director of Public Works, construction work on the site is restricted to Monday through Saturday from 7:00 a.m. to 6:00 p. m. SECTION 3. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the ___ day of ___________ 2011. APPROVED: Page 20 of 106 6 ____________________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: _____________________________ ____________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY (RLD; 12/09/11; 52640) EXHIBIT A Page 21 of 106 7 SOUTHERN METHODIST UNIVERSITY JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS Being a tract or parcel of land situated in the Joel Sykes Survey, Abstract No. 1338, City of University Park, Dallas County, Texas, and being a part of Lot 1A, Block 4 of East University Place, an addition to the City of University Park according to the plat recorded in Document No. 201100156570, Official Public Records, Dallas County, Texas, and being more particularly described as follows: COMMENCING at a point for corner at the intersection of the south line of SMU Boulevard (100’ right-of-way) and the west line of said Dublin Street, said point also being the north corner of said Lot 1, Block 1, East University Place; THENCE South 00° 36' 21" East along the west line of Dublin Street (50' right-of-way) a distance of 637.57 feet to the POINT OF BEGINNING; THENCE South 00° 36' 21" East continuing along the west line of said Dublin Street a distance of 638.04 feet to a point for corner at the beginning of a tangent curve to the right; THENCE in a southwesterly direction, departing the west line of said Dublin Street, along the northwest line of Airline Road (50' right-of-way) and said tangent curve to the right whose chord bears South 44° 23' 39" West a distance of 289.91 feet, having a radius of 205.00 feet, a central angle of 90° 00' 00" and an arc length of 322.01 feet to a point for corner; THENCE South 89° 23' 39" West continuing along the north line of said Airline Road a distance of 240.07 feet to a point for corner at the beginning of a tangent curve to the left; THENCE in a southwesterly direction continuing along the north line of said Airline Road and along said tangent curve to the left whose chord bears South 72° 14' 06" West a distance of 150.46 feet, having a radius of 255.00 feet, a central angle of 34° 19' 06" and an arc length of 152.74 feet to a point for corner; THENCE South 89° 23' 39" West, departing the north line of said Airline Road and said tangent curve to the left, a distance of 42.21 feet to a point for corner; THENCE North 00° 36' 21" West a distance of 326.61 feet to a point for corner; THENCE North 44° 24' 46" East a distance of 71.33 feet to a point for corner; THENCE North 89° 23' 39" East a distance of 277.45 feet to a point for corner; THENCE North 00° 36' 21" West a distance of 211.90 feet to a point for corner; THENCE North 89° 23' 39" East a distance of 90.13 feet to a point for corner; THENCE North 00° 36' 21" West a distance of 258.50 feet to a point for corner at the beginning of a tangent curve to the right; ZONING EXHIBIT FOR SOUTHERN METHODIST UNIVERSITY JOEL SYKES SURVEY, ABSTRACT NO. 1338 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS SHEET 2 OF 3 25,499X THENCE in a northeasterly direction along said tangent curve to the right whose chord bears North 44° 23' 39" East a distance of 56.57 feet, having a radius of 40.00 feet, a central angle of 90° 00' 00" and an arc length of 62.83 feet to a point for corner at the end of said tangent curve to the right; THENCE North 89° 23' 39" East a distance of 173.01 to the POINT OF BEGINNING, containing Page 22 of 106 8 331,016 square feet or 7.5991 acres, more or less. BASIS OF BEARINGS: THE WEST LINE OF DUBLIN STREET AS SHOWN ON PLAT OF LOT 1A, BLOCK 4, EAST UNIVERSITY PLACE AS RECORDED IN DOC. NO. 201100156570, O.P.R.D.C.T. ORDINANCE NO. ______________ Page 23 of 106 9 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. 40 FOR THE PROPERTY DESCRIBED AS 7.5991 ACRES, MORE OR LESS, BEING PART OF LOT 1A, BLOCK 4 OF EAST UNIVERSITY PLACE ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; APPROVING A DETAILED SITE PLAN ATTACHED AS EXHIBIT “B”; 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. Duly passed by the City Council of the City of University Park, Texas, on the ____ day of ______________ 2011. APPROVED: ________________________________ W. RICHARD DAVIS, MAYOR ATTEST: _________________________________________ ELIZABETH SPECTOR, CITY SECRETARY Page 24 of 106 Page 25 of 106 Page 26 of 106 Page 27 of 106 Page 28 of 106 Page 29 of 106 Page 30 of 106 Page 31 of 106 Page 32 of 106 Page 33 of 106 Page 34 of 106 Page 35 of 106 Page 36 of 106 Page 37 of 106 Page 38 of 106 Page 39 of 106 Page 40 of 106 Page 41 of 106 Page 42 of 106 Page 43 of 106 Page 44 of 106 Page 45 of 106 Page 46 of 106 Page 47 of 106 Page 48 of 106 Page 49 of 106 Page 50 of 106 Page 51 of 106 Page 52 of 106 Page 53 of 106 Page 54 of 106 Page 55 of 106 Page 56 of 106 Page 57 of 106 Page 58 of 106 Page 59 of 106 Page 60 of 106 Page 61 of 106 Page 62 of 106 Page 63 of 106 Page 64 of 106 Page 65 of 106 Page 66 of 106 Page 67 of 106 Page 68 of 106 Page | 1 PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES December 13, 2011 The Planning and Zoning Commission of the City of University Park met on Tuesday, December 13, 2011 at 5:00 pm in the City of University Park Council Chambers, located at 3800 University Boulevard, University Park, Texas. The following are minutes of that meeting. Commission Members Seated Staff Members Attending Robert H. West, Chairman Robbie Corder, Community Development Director Randy Biddle Harry Persaud, Chief Planning Official Doug Roach Lorna Balser, Planning Assistant Jerry Jordan Rob Dillard – City Attorney Kim Kohler Absent Mark Aldredge Dawn Moore Liz Farley Mr. West opened the public hearing at 5:00 PM. Mr. West then read the case before the commission: PZ 11-009: Hold a public hearing and consider a request by SMU to change the zoning from University Campus Main District, UC-1 to Planned Development District, “PD-40” and consideration of a detailed site plan to include a parking garage, residential student housing complex and a dining facility. The subject tract is approx. 7.59 acres more or less and located west of and abutting Dublin and north of and abutting Airline Road, City of University Park, Dallas County, Texas. Mr. Persaud provided a PowerPoint presentation showing the site. He then introduced the SMU group to present the case and answer any questions for the commission. The group consisted of: Paul Ward-V.P. of Legal Affairs, Phillip Jabour, Associate V.P. of Planning & Construction, Jay Meister, Senior Project Manager, David Short, KSQ Architects, Sean Studzinski, KSQ Architects, Christopher Miller, Landscape Architect, Stuart Markeson, SMU Construction Manager and Tommy Mann, Winstead Law Firm. Mr. Ward reviewed the property site. He stated that it is a requirement that all freshman reside on campus but from the social and academic perspective, the university is attempting to encourage sophomores to live on campus as well. Mr. Ward stated that there would be faculty living in each of the buildings. The current retention rate of sophomores has shown to be 89.2% last year but the goal is to increase the retention rate to 94% thus improving the graduation rate. With sophomore student housing, Mr. Ward stated that there will be a closer connection between students and faculty which will impact discipline and performance in a positive way. Page 69 of 106 Page | 2 Mr. Ward then introduced Phillip Jabour. Mr. Jabour provided a review of the proposed planned development with along with the surrounding area. One concern of the commissioners in the pre meeting was accessibility to the parking garage. Mr. Jabour advised the commission that DeShazo and Associates had been retained to design the layout of the garage with ingress and egress lanes and queuing analysis. He reiterated that there would only be students from the residence commons that would be parking in the garage. Mr. Jabour reviewed the setbacks, landscaping and photometric plan which he said was standard to the Southern Methodist University campus. Mr. Jordan asked that the elevations on sheet A4.40 be corrected in regard to the labeling of S. Elevation and N. Elevation. He also asked that wording of “progress set for review only” on the first page of the site plans be eliminated for the final PD site plan. Mr. West asked if anyone wished to speak in favor. No one responded. Mr. West asked if anyone wished to speak in opposition. No one responded. Mr. West then closed the public hearing. He asked the commission if there were any questions for staff or the SMU representatives. Mr. Jordan asked a question to Mr. Dillard about eliminating items on section 2, F1, 2 and 3 of the proposed ordinance. Mr. Persaud addressed Mr. Jordan and stated that portion of the ordinance would be changed along with section 2 E and the planting of trees. He also reminded Mr. Jordan that Section 2 F provided for the Community Development Director to authorize changes “which do not alter the permitted uses”. Further discussion ensued regarding the exact wording for Section 2 of the proposed ordinance. Mr. Biddle made a motion to approve the detailed site plan with the revisions stated for Section E and F of the proposed ordinance. Mr. Kohler seconded the motion. With no further discussion, the motion passed with a 5-0 vote to approve the request for rezoning the subject tract from UC-1 to PD-40 with the detailed site plan. Minutes of the October 11, 2011 Planning & Zoning Commission meeting were reviewed. Mr. Roach made a motion to approve the minutes, and Mr. Kohler seconded the motion. With a vote of 5-0, the minutes were approved. With there being no further business before the board, Mr. West adjourned the meeting at 5:22 PM. ________________________________ Robert H. West, Chairman Planning & Zoning Commission Date____________________________ Page 70 of 106 AGENDAMEMO (12/20/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:HarryPersaud,MRTPI,AICP,ChiefPlanningOfficial SUBJECT:CONSIDERANDACT:onanordinancegrantingchangeofzoningfromUniv ersity CampusMainDistrict,UC-1toPlannedDevelopmentD istrict,“PD-40”and approvingadetailedsiteplantoincludeaparking garage,residentialstudenthousing complexandadiningfacility.Thesubjecttractis approx.7.59acresandlocatedwest ofandabuttingDublinandnorthofandabuttingAi rline,CityofUniversityPark, DallasCounty,Texas. BACKGROUND: Pleaserefertomemoandattachmentssubmittedfor publichearingonthisitem. RECOMMENDATION: PlanningandZoningCommissionvotedunanimouslyto recommendapproval Page 71 of 106 AGENDAMEMO (12/20/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:LuanneHanford SUBJECT:CONSIDERANDACT:onthepurchaseofindividualandaggregatestoplo ss insurancefortheCity'sself-insuredhealthplanf romCIGNA BACKGROUND: TheCity'sself-insuredhealthplanisfundedthrou ghcontributionsfromtheGeneralFundand UtilitiesFundintotheSelf-InsuranceFund.TheC itycontractswithCIGNAasitsthird-party administratortoprocessclaimsandadministerthe healthplan.TheCityalsopurchasesindividual andaggregatestoplossinsurancetoprotectagains tcatastrophicclaims.TheCitypaysthefirst $75,000ofeachmedicalclaim.Anyclaimsinexces sof$75,000arecoveredbyindividualstoploss insurance.Ifallclaimscombinedgoover$2.8mil lion,aggregatestoplossinsurancewillpaythe remainderoftheclaims. In2011,wereducedtheCity'scontributionintoth eSelf-Insurancefundfrom$917.25peremployee permonthto$750.00peremployeepermonthinorde rtoreducethegrowthoftheSelf-Insurance Fund.Althoughthereductionseemedsomewhatdrast ic,asoftheendofNovember,2011,thehealth planisabout$150,000intheblackfortheyear,s oourgoalto"breakeven"hasbeenmet.Wehope tohavesimilarresultsin2012. TheEmployeeBenefitsCommitteemetonDecember13,2011,toreviewthequotesforstoploss insurance.Thecommitteerecommendspurchasingbot hindividualandaggregatestoplossinsurance fromCIGNA.Theannualcostforindividualstopl osscoveragewillbe$346,347andforaggregate stoplosscoveragewillbe$17,136. RECOMMENDATION: Staffrecommendsapprovalofthepurchaseofindivi dualandaggregatestoplossinsuranceforthe 2012healthplanyearfromCIGNA. FUNDINGSOURCE: FundsareavailabeintheSelf-InsuranceFund. ATTACHMENTS: StopLossQuotes Page 72 of 106 Page 73 of 106 Page 74 of 106 Page 75 of 106 Page 76 of 106 AGENDAMEMO (12/20/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:GerryBradley,DirectorofParks SUBJECT:CONSIDERANDACT:onAdvanceFundingAgreementwithTxDOTtoallow voluntaryCitymaintenanceofcertainCentralExpre sswayoverpasses BACKGROUND: In2008,TxDOTandtheCityofDallasapprovedplan sfortheremovalofallirrigation andplantmaterialalongCentralExpresswayfromI-635todowntown.TxDOT’splans includereplacementplantswhichconsistofallnat ivegrasseswithnoirrigation.In2010, theCityofUniversityParkbeganworkingwithTxDO Ttodevelopanaesthetic landscapeupgradetothebridgeoverpassesalongCe ntralExpresswayatMockingbird, SMUBlvd.,UniversityBlvd.,LoversLaneandSouthw esternBlvd. ThemaintenanceagreementbetweenTxDOTandUnivers ityParkwillallowthe overpassestobeplantedandirrigatedbyTxDOTusi ngmoredesirableplantmaterial. Aspartoftheagreement,theCityofUniversityP arkwillberesponsibleforoverseeing themaintenanceoftheoverpassesforthenextfive (5)years.Financialsupportfrom SMUandtheGeorgeW.BushPresidentialLibrarywil loffsettheCity’smaintenance costswhichareestimatedtobeapproximately$40,0 00annually.Theprojectis scheduledtobegininearly2012withananticipate dcompletiondateinfall2012. RECOMMENDATION: StaffisrequestingCityCouncilapprovaltoenter intothemaintenanceagreement betweentheCityandTxDOTregardingtheabovement ionedCentralExpressway overpasses. FUNDINGSOURCE: GeneralFund ATTACHMENTS: MaintenanceContract/Agreement ConceptPlan Page 77 of 106 Page 78 of 106 Page 79 of 106 Page 80 of 106 Page 81 of 106 Page 82 of 106 Page 83 of 106 Page 84 of 106 Page 85 of 106 Page 86 of 106 Page 87 of 106 Page 88 of 106 Page 89 of 106 Page 90 of 106 Page 91 of 106 Page 92 of 106 Page 93 of 106 Page 94 of 106 Page 95 of 106 Page 96 of 106 Page 97 of 106 Page 98 of 106 Page 99 of 106 Page 100 of 106 Page 101 of 106 Page 102 of 106 Page 103 of 106 Page 104 of 106 AGENDAMEMO (12/20/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:JacobSpeer,AssistantDirectorofPublicWorks SUBJECT:DISCUSS:aproposaltocontractforvarioussanitationservi cesnotcurrentlyoffered bytheCity'sSanitationDivision BACKGROUND: TheCity'sSanitationDivisioncurrentlyofferscom mercialgarbageandrecyclingcollectionvia3- cubicyarddumpsters.Thesedumpstersareemptied withaside-loadingcollectiontruck.Thisisthe onlymethodofcommercialcollectionofferedbythe City.TheCityroutinelyreceivesinquiriesfrom commercialresidentsregardingalternatemethodsof collectiontobettersuitaspecificsitelimitati on orcollectionneed. CurrentCityordinancesallowforprivatesanitatio ncompaniestooperatewithintheCityundera franchisepermit.Franchiseesarerequiredtopay afeeof5%ofgrossreceiptstotheCityforall servicesrenderedunderthefranchise.Eachfranch iseisgrantedforaperiodofoneyearandcontain s provisionsforinsuranceandauditstobereviewed bytheCity.Thissystemisverydifficultto administerandhasbeendiscouragedinthepast. Inanefforttoallowresidentstoreceivethesani tationservicestheydesireandalsoallowtheCity to collecttheappropriatefees,staffsuggestsanalt ernateplanfor"special"commercialsanitation collection.Undertheproposedsystem,theCitywo uldsolicitanannualbidforvariouscommercial sanitationservicesnotcurrentlyofferedbytheCi ty.Residentswishingtoutilizethesecollection methodswouldestablishserviceandremitpaymentt otheCityjustastheydoforourcurrent sanitationservices.TheCitywouldpaythesucces sfulvendorbasedonratesestablishedbythe annualcontract.ResidentswouldpaytheCitybase donnewratesestablishedbytheMasterFee Resolution.Thosefeescouldbesetatalevelequ altothe5%feecurrentlyestablishedforfranchis e permits. Residentswouldbenefitbyhavingonlyonebilland pointofcontactforallsanitationservices.The y wouldalsobenefitfromtheexpandedserviceofferi ngs.TheCitywouldbenefitfromthe administrativeefficienciesofdealingwithonlyon evendor.Itwillalsoresultinanincreasein revenuecollectionratesfromprivatesanitationse rvices. IfCouncilissupportiveofthisnewsanitationser viceconcept,staffwillpreparearequestfor proposals,evaluatetheresponses,andpresentCoun cilwitharecommendationforanannualcontract andrevisedfeescheduleatafuturemeeting. RECOMMENDATION: StaffrecommendsCouncildirectiontoproceedwith thesolicitationofproposalsforcommercial sanitationservices. Page 105 of 106 AGENDAMEMO (12/20/2011AGENDA) TO:HonorableMayorandCityCouncil FROM:BobLivingston,CityManager SUBJECT:CONSIDERANDACT:onappointmentofspecialcounseltorepresentthe City's interestsin LegacyHillcrestInvestments,Ltdv.theBoardofA djustmentoftheCityof UniversityPark,Texas BACKGROUND: LegacyHillcrestInvestments,Ltd.haspetitionedt heDistrictCourtofDallasCountytoissueaWrit ofCertioraridirectedtotheUniversityParkBoard ofAdjustment,toreviewandreversetheBoard's decisiondenyingtheapplicantapermittoconstruc taparkinggarageat3410-3412Haynie. TheCouncilhasindicatedtheirdesiretohireasp ecialcounseltorepresentthecityinthismatter. StaffrequeststheCouncilprovidedirectionregard ingthisissue. Page 106 of 106