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HomeMy WebLinkAbout2013.02.19 City Council AgendaCITYOFUNIVERSITYPARK REGULARCITYCOUNCILMEETING LOCATION:CITYHALLCOUNCILCHAMBER AGENDA#2855 FEBRUARY19,2013 CALLTOORDER:5:00P.M. 3:00-4:00P.M.EXECUTIVESESSION:PursuanttotheauthoritygrantedunderTexasGov'tCode Section551.071(2)theCityCouncilwillmeetinclosedexecutivesessionfora privilegedcommunicationwiththeCityAttorneywithreferencetothelegal ramificationsofproposedspecialconditionsapplicabletotheParkCitiesYMCA zoningapplication,includingbutnotlimitedtoPDconditionsandsize,and,under Section551.074(1)foranevaluationoftheCityManager.Noactionwillbetaken. ExecutiveConferenceRoom,firstfloor,CityHall. 4:00-5:00P.M.WORKSESSIONFORAGENDAREVIEW:TheCityCouncilwillmeetinopen worksessiontoreceiveagendaitembriefingsfromstaff.Noactionwillbetaken. CouncilConferenceRoom,2ndfloor,CityHall. TOSPEAKONANAGENDAITEM AnyonewishingtoaddresstheCouncilonanyitemmustfilloutagreen“RequesttoSpeak”formand returnittotheCitySecretary.WhencalledforwardbytheMayor,beforebeginningtheirremarks,speakers areaskedtogotothepodiumandstatetheirnameandaddressfortherecord. I.CALLTOORDER A.INVOCATION:FireChiefRandyHowell B.PLEDGEOFALLEGIANCE:FireChiefRandyHowell/BoyScouts C.INTRODUCTIONOFCOUNCIL:MayorW.RichardDavis D.INTRODUCTIONOFSTAFF:CityManagerBobLivingston II.CONSENTAGENDA A.REPORT:onUniversityParkPoliceDepartmentAnnualTrafficStopAnalysis B.CONSIDERANDACT:onarequesttoconducttheJUDICATA5KRunbenefiting DallasCASA C.CONSIDERANDACT:onanordinanceamendingtheFY2013budgettocarry forwardFY2012encumbrancesandauthorizeanincreaseinhealthcarecontributions D.CONSIDERANDACT:onaresolutionexemptingtheCityfromcompetitivebidding requirementswhenexecutingacontractfortheaudio/visualsystemforthePeek EmergencyOperationsCenterasauthorizedbySection252.022oftheLocal GovernmentCode E.CONSIDERANDACT:toauthorizetheCityManagertoexecuteacontractwith MediaManagementintheamountof$106,438forinstallationofaudio/visual equipmentinthePeekEmergencyOperationsCenter F.CONSIDERANDACT:onminutesoftheFebruary5,2013CityCouncilMeeting Page 1 of 83 III.MAINAGENDA A.CONSIDERANDACT:onanordinanceamendingSection4.07oftheUniversity ParkCodeofOrdinances,SalesofPersonalProperty 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 83 AGENDAMEMO (2/19/2013AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:REPORT:onUniversityParkPoliceDepartmentAnnualTrafficStopAnalysis BACKGROUND: TheTexasCodeofCriminalProcedure,Article2.134 CompilationandAnalysisofInformation Collected,requiresthepolicechieftoreporttothegoverningbodyoftheCitythefindingsofthe compilationandanalysisoftrafficstopsandrelatedsearches.Thisanalysisisconductedtodetermine ifracialprofilingisbeingpracticedbytheagencyintrafficstopsandsubsequentsearchesduring thosestops. ThisyeartheUniversityParkPoliceDepartmentagainsubmittedallrequireddataontrafficstopsand searchestotheUniversityofNorthTexasforanalysis.Thisanalysiswasconductedbythe ProfessionalDevelopmentInstitute(PDI)attheUniversityofNorthTexas.Copiesofthefinalreport havebeenprovidedtoallelectedcityofficials,thecitymanager,thecityattorneyandothersas requested. PDI'sfindingscanbefoundonpage7ofthereport.ThereportshowsthattheUniversityParkPolice Departmentisinfullcompliancewiththelawasitrelatestoracialprofiling;thataformalpolicy prohibitingracialprofilingisinplace;thatofficersreceivemandatedtrainingandthattheagencyhas establishedprogramstoeducatethepubicaboutracialprofilingandhowtofileacomplaint;thata formalizedcomplaintprocessisinplaceandthatthecollectionofdataiscarriedoutincompliance withthelaw. Thereportwillalsoshowthatduring2012thedepartmentdidnotreceiveanyracialprofiling complaints. Asrecommendedbythereport,theUniversityParkPoliceDepartmentwillcontinueitseducational andtrainingeffortswithinthedepartmentonracialprofiling,andwillcontinuetoconductperiodic evaluationsofindividualsofficerstoassesswhetherornotanofficerisengaginginracialprofiling. RECOMMENDATION: Itisrecommendedthateachmemberreviewthefinalreport.Shouldtherebeanyquestionsor concernsitisrequestedthattheChiefofPolicebeinformedforresponse. ATTACHMENTS: 2012CoverLetter-TrafficAnalysisReport 2012TrafficAnalysisReport Page 3 of 83 Page 4 of 83 BI Unive P IAS-B ersity of UN POLIC BASE North Tex NIVER CE D 2 D PR PREP Eric J. F Chad R. xas RSITY DEPAR 2012 ROFIL PARED BY Fritsch, P Trulson, Y PAR RTME LING A Y: Ph.D. Ph.D. RK ENT ANALLYSIS S Page 5 of 83 Executive Summary Article 2.132 (7) of the Texas Code of Criminal Procedure requires the annual reporting to the local governing body of data collected on the race or ethnicity of individuals stopped and issued citations or arrested for traffic violations and whether or not those individuals were searched. Since the law provides no clear instruction to a governing body on how to review such data, the University Park Police Department requested this analysis and review to assist the City Council in reviewing the data. The analysis of material and data from the University Park Police Department revealed the following: A COMPREHENSIVE REVIEW OF THE UNIVERSITY PARK POLICE DEPARTMENT REGULATIONS, SPECIFICALLY BIASED BASED PROFILING 01-001 OUTLINING THE DEPARTMENT’S POLICY CONCERNING RACIAL PROFILING, SHOWS THAT THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE. A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. THE ANALYSIS OF STATISTICAL INFORMATION FROM UNIVERSITY PARK POLICE DEPARTMENT REVEALS THAT THERE ARE NO METHODOLOGICALLY CONCLUSIVE INDICATIONS OF SYSTEMIC RACIAL PROFILING BY THE DEPARTMENT. THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE PROHIBITION OF RACIAL PROFILING. THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE REPORTING OF INFORMATION TO TCLEOSE. Page 6 of 83 Introduction This report details an analysis of the University Park Police Department’s policies, training, and statistical information on racial profiling for the year 2012. This report has been prepared to specifically comply with Article 2.132 of the Texas Code of Criminal Procedure (CCP) regarding the compilation and analysis of racial profiling data. Specifically, the analysis will address Articles 2.131 – 2.135 of the CCP and make a determination of the level of compliance with those articles by the University Park Police Department in 2012. The full copies of the applicable laws and regulations pertaining to this report are contained in Appendix A. This report is divided into six analytical sections: University Park Police Department’s policy on racial profiling; University Park Police Department’s training and education on racial profiling; University Park Police Department’s complaint process and public education on racial profiling; analysis of statistical data on racial profiling; analysis of University Park Police Department’s compliance with applicable laws on racial profiling; and a final section which includes completed data and information reporting forms required to be sent to TCLEOSE beginning in 2011. For the purposes of this report and analysis, the following definition of racial profiling is used: racial profiling means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity (Texas CCP Article 3.05). University Park Police Department Policy on Racial Profiling A review of University Park Police Department regulation Biased Based Profiling 01-001 revealed that the department has adopted policies to be in compliance with Article 2.132 of the Texas CCP (see Appendix B). There are seven specific requirements mandated by Article 2.132 that a law enforcement agency must address. All seven are clearly covered in regulation Biased Based Profiling 01-001. University Park Police Department regulations provide clear direction that any form of racial profiling is prohibited and that officers found engaging in inappropriate profiling may be disciplined up to and including termination. The regulations also provide a very clear statement of the agency’s philosophy regarding equal treatment of all persons regardless of race or ethnicity. Appendix C lists the applicable statute and corresponding University Park Police Department regulation. In addition, the University Park Police Department is accredited by the Commission on Accreditation for Law Enforcement Agencies and is in compliance with standards prohibiting bias based profiling which exceed the requirements of the State of Texas. A COMPREHENSIVE REVIEW OF UNIVERSITY PARK POLICE DEPARTMENT REGULATION BIASED BASED PROFILING 01-001 SHOWS THAT THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE. Page 7 of 83 University Park Police Department Training and Education on Racial Profiling Texas Occupation Code § 1701.253 and § 1701.402 require that curriculum be established and training certificates issued on racial profiling for all Texas Peace officers. Documentation provided by University Park Police Department reveals that racial profiling training and certification did occur in 2012 and was provided to all officers requiring such training. A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. University Park Police Department Complaint Process and Public Education on Racial Profiling Article 2.132 §(b)3-4 of the Texas Code of Criminal Procedure requires that law enforcement agencies implement a complaint process on racial profiling and that the agency provide public education on the complaint process. University Park Police Department regulation Biased Based Profiling 01-001 Section III Parts B and C covers this requirement. Specifically, the department has information regarding racial profiling and the complaint process on its website and posted inside the police department in the lobby and at the records desk. In addition, the department provides annual information about racial profiling to the local newspaper including specific contact information to file a complaint. A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. University Park Police Department Statistical Data on Racial Profiling Article 2.132(b) 6 requires that law enforcement agencies collect statistical information on traffic stops in which a citation is issued and arrests with specific information on the race of the person cited. In addition, information concerning searches of persons and whether or not the search was based on consent is also required to be collected. University Park Police Department submitted statistical information on all citations in 2012 and accompanying information on the race of the person cited. Accompanying this data was the relevant information on searches. ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. Page 8 of 83 Analysis of the Data The first chart depicts the percentages of people cited by race among the total 3,955 citations given in 2012.1 White drivers constituted 86.27 percent of all drivers cited, whereas Whites constituted 91.00 percent of the city population, 33.10 percent of the county population, and 50.90 percent of the region population.2 African-American drivers constituted 5.11 percent of all drivers cited, whereas African-Americans constituted 1.00 percent of the city population, 22.30 percent of the county population, and 14.50 percent of the region population. Hispanic drivers constituted 4.93 percent of all drivers cited, whereas Hispanics constituted 4.00 percent of the city population, 38.30 percent of the county population, and 27.30 percent of the region population. The chart shows that White drivers are cited at rates lower than the percentage of Whites found in the city population, but higher than their percentage in the county and regional population. African-Americans are cited at rates higher than the percentage of African-Americans in the city 1 There were 2 citations given where the race/ethnicity of the individual was Native American/Other, and 13 citations of motorists classified as Middle Eastern. The total number of vehicle stops (3,955) is indicative of motorists who received a citation, were arrested, or both. See TCLEOSE forms in the final section of this report for breakdowns by citations, arrests, or both. 2 City and County population figures were derived from the U.S. Census Bureau utilizing the 2010 Census. Regional population figures are derived from 2010 Census data compiled and published by the North Central Texas Council of Governments. “Regional” population figures are defined as the 16 county Dallas-Ft. Worth Area including the following counties: Collin, Dallas, Denton, Ellis, Erath, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise. White Asian Hispanic African-American % City Population 91.00%2.70%4.00%1.00% % County Population 33.10%5.00%38.30%22.30% % Region Population 50.90%5.20%27.30%14.50% % of Total Stops 86.27%3.31%4.93%5.11% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Page 9 of 83 population, but lower than their percentage in the county and regional population. The same finding holds for Hispanic drivers. Easy determinations regarding whether or not University Park officers have “racially profiled" a given motorist are impossible given the nature of the data that has been collected and presented for this report. The law dictates that police agencies compile aggregate-level data regarding the rates at which agencies collectively stop motorists in terms of their race/ethnicity. These aggregated data are to be subsequently analyzed in order to determine whether or not individual officers are “racially profiling" motorists. This methodological error, commonly referred to as the "ecological fallacy," defines the dangers involved in making assertions about individual officer decisions based on the examination of aggregate incident level data. In short, one cannot "prove" that an individual officer has “racially profiled" any individual motorist based on the rate at which a department stops any given group of motorists. This kind of determination necessarily requires an examination of data at the individual officer level for a more detailed analysis of individual officer decision-making. Unfortunately, the law does not currently require the collection of this type of data, resulting in a considerable amount of conjecture as to the substantive meaning of aggregate level disparities. That is, who or what is driving the disproportionate rates at which minorities seem to be stopped and searched? We cannot know or even begin to examine this issue with analyses that end with aggregate level comparisons of rates. Additional interpretation problems remain in regards to the specific measurement of racial "profiling" as defined by Texas state code. For example, officers are currently forced to make subjective determinations regarding an individual's race based on his or her personal observations because the Texas Department of Public Safety does not provide an objectively- based determination of an individual's race/ethnicity on the Texas driver's license. The absence of any verifiable race/ethnicity data on the driver's license is especially troubling given the racial diversity within the North Texas region as a whole, and the large numbers of citizens who are of Hispanic and/or mixed racial decent. The validity of any racial/ethnic disparities discovered in the aggregate level data becomes threatened in direct proportion to the number of subjective "guesses" officers are forced to make when trying to determine an individual's racial/ethnic background. In addition, the data collected for the current report does not allow for an analysis that separates (or disaggregates) the discretionary decisions of officers to stop a motorist from those that are largely non-discretionary. For example, non-discretionary stops of motorists based on the discovery of outstanding warrants should not be analyzed in terms of whether or not "profiling" has occurred simply because the officer who has stopped a motorist as a result of the discovery of an outstanding warrant does not independently make the decision to stop, but rather, is required to stop that individual regardless of any determination of race. An officer cannot be determined to be “racially profiling" when organizational rules and state codes compel them to stop regardless of an individual's race/ethnicity. Straightforward aggregate comparisons of stop rates ignore these realities, and fail to distinguish between discretionary and non-discretionary law enforcement actions. In the future, this validity issue could be lessened by the collection of data indicating the initial reason for the traffic stop, whether it be an observed traffic violation, other criminal activity, the existence of an outstanding warrant, or some other reason. Page 10 of 83 Finally, there has been considerable debate as to what the most appropriate population "base- rate" is in determining whether or not racial/ethnic disparities exist. Questions concerning the most appropriate base-rate are most problematic in the case of traffic stops, because there are problems associated with using any number of different population measures to determine whether or not aggregate level racial disparities exist. As the current analysis shows in regards to the use of city, county, and regional base-rates, the outcome of analyses designed to determine whether or not disparities exist is obviously dependent on which base-rate is used. Changes in the demographic character of North Texas have made the base-rate issue especially problematic because measures derived from the U.S. Census can become quickly outdated. Although the more recent 2010 Census population figures are utilized in this report, these base rates will too become quickly outdated due to the rapid changes experienced in North Texas. Related, the determination of valid stop base-rates becomes multiplied if analyses fail to distinguish between residents and non-residents who are stopped, because the existence of significant proportions of non-resident stops will lead to invalid conclusions if racial/ethnic comparisons are made exclusively to resident population figures. In short, the methodological problems outlined above point to the limited utility of using aggregate level comparisons of the rates at which different racial/ethnic groups are stopped in order to determine whether or not racial profiling exists within a given jurisdiction. The table below reports the summaries for the total number of persons cited and searched subsequent to being stopped by the University Park Police Department for traffic offenses. In addition, the table shows the number of stopped individuals who granted consent to search and those stopped drivers who were arrested pursuant to the stop. Specific to citations, the table shows that roughly 86 percent of all citations were given to White drivers (3,412/3,955), roughly 5 percent (202) of all citations were given to African-American drivers, and roughly 5 percent (195) of all citations were given to Hispanic drivers. Of the 3,955 persons cited by the University Park Police Department in 2012, only 17 motorists were searched3, and of those, only one involved a consent search. Moreover, less than 1 percent of all motorists cited were arrested (13/3,955). Action White African- American Hispanic Asian Other Total Vehicle Stops 3,412 202 195 131 15 3,955 Searches 12 2 1 2 0 17 Consent Searches 0 1 0 0 0 1 Arrests 10 2 1 0 0 13 Asset Forfeitures 0 0 0 0 0 0 Field Contacts 150 27 1 6 1 185 Note: Vehicle Stops includes those where citation issued, arrest occurred, or both. 3 This figure includes both consent and non-consent searches. Page 11 of 83 Analysis of Racial Profiling Compliance by University Park Police Department The foregoing analysis shows that the University Park Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training and educational programs, a formalized complaint process, and the collection of data in compliance with the law. Finally, internal records indicate that during 2012 the department did not receive any bias-based/racial profiling complaints. In addition to providing summary reports and analysis of the data collected by the University Park Police Department in 2012, this report also included an extensive presentation of some of the limitations involved in the level of data collection currently required by law and the methodological problems associated with analyzing such data for the University Park Police Department as well as police agencies across Texas. Page 12 of 83 University Park Police Department TCLEOSE Reporting Forms Page 13 of 83 Page 14 of 83 Page 15 of 83 Page 16 of 83 Page 17 of 83 Appendix A Racial Profiling Statutes and Laws Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. Added by Acts 2001, 77th Leg., ch. 947, Sec. 2, eff. Sept. 1, 2001. Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; Page 18 of 83 (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. If a law enforcement agency installs video or audio equipment as provided by this Page 19 of 83 subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 25, eff. September 1, 2009. Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; Page 20 of 83 (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 26, eff. September 1, 2009. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education Page 21 of 83 and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; and (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Page 22 of 83 Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 27, eff. September 1, 2009. Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle stops is equipped with video camera and transmitter- activated equipment and each law enforcement motorcycle regularly used to make motor vehicle stops is equipped with transmitter-activated equipment; and (B) each motor vehicle stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Page 23 of 83 (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 28, eff. September 1, 2009. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. Page 24 of 83 (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. Added by Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 29, eff. September 1, 2009. Page 25 of 83 Appendix B Page 26 of 83 Page 27 of 83 Page 28 of 83 Page 29 of 83 Page 30 of 83 Page 31 of 83 Page 32 of 83 Page 33 of 83 Page 34 of 83 Page 35 of 83 Page 36 of 83 Page 37 of 83 Page 38 of 83 Page 39 of 83 Page 40 of 83 Page 41 of 83 Page 42 of 83 Page 43 of 83 Appendix C Racial Profiling Laws and Corresponding General Orders and Standard Operating Procedures Texas CCP Article UNIVERSITY PARK POLICE DEPARTMENT Bias Based Profiling Policy 01-001 2.132(b)1 Section II Part A 2.132(b)2 Section I 2.132(b)3 Section III Part B 2.132(b)4 Section III Part C 2.132(b)5 Section III Part B 2.132(b)6 Section III Part D 2.132(b)7 Section III Part F Page 44 of 83 AGENDAMEMO (2/19/2013AGENDA) TO:HonorableMayorandCityCouncil FROM:GaryW.Adams,ChiefofPolice SUBJECT:CONSIDERANDACT:onarequesttoconducttheJUDICATA5KRunbenefiting DallasCASA BACKGROUND: RaceJUDICATAisa5KraceputonbytheSMULawSchool.Lawschoolstudentswillmarkthe routewithvolunteersanddirectionalsigns;whichwillberemovedimmediatelyaftertherace. TherouteissituatedonthecampusofSouthernMethodistUniversity,aswellasresidentialstreets throughUniversityPark.Saturday,February23rdistherequesteddatefortherace.Thestarttimeis 9:00amandthefinishisanticipatedtobe10:00am.Therewillbeapproximately30-40 participantsatthisrace.Duetothedayoftheweekandtime,notrafficrelatedissuesare anticipated.ThePoliceDepartmentapprovestherouteprovidedthatparticipantsaredirectedby JUDICATAVolunteerstoutilizethesidewalkonDanielAvenue. ProceedsfromthefundraiserbenefitDallasCASAwhichisanon-profitorganizationinwhichJudges appointDallasCASAvolunteerstoadvocateforthebestinterestsofabusedandneglectedchildren, helpingthesechildrenhavesafe,permanenthomesasquicklyaspossible.DallasCASAexistssothat abusedandneglectedchildreninprotectivecarehavethechancetobecomesuccessfuladults.With thehelpofcaringadvocates,thecycleofabuseandneglectwillbebroken. RECOMMENDATION: Staffrecommendsallowingtherequestforthisrun. ATTACHMENTS: JUDICATARaceLetter JUDICATARaceRoute JUDICATARaceStart&Finish Page 45 of 83 February 13, 2013 Chief Gary W. Adams University Park Police Department 3800 University Boulevard University Park, Texas 75205 Chief Adams, I am helping to organize a 5k run called the “Race Judicata,” which is a race put on by the law each school year. Law students will volunteer to mark the route, participate in the run, and raise money for Dallas CASA, an organization of volunteers who are appointed by judges to advocate for the best interests of abused and neglected children. We are hoping to hold the Race Judicata for the 2012–2013 school year on Saturday, February 23rd at 9:00 a.m. The race should conclude before 10:00 a.m. The route, unless otherwise determined by the City Council or other body, would be similar to the one used in 2008, 2009, and 2011, with some adjustments made for construction and road closures in the area. The proposed route is outlined on the attached page. I will serve as the primary contact. My contact information is below. I will be present at the February 19th City Council meeting to answer any questions. If any questions need to be answered before then, please feel free to contact me. Sincerely, Jane Cherry J.D. Candidate, May 2013 SMU Dedman School of Law jwcherry@smu.edu 336-407-8583 Page 46 of 83 Page 47 of 83 Page 48 of 83 AGENDAMEMO (2/19/2013AGENDA) TO:HonorableMayorandCityCouncil FROM:KentR.Austin,DirectorofFinance SUBJECT:CONSIDERANDACT:onanordinanceamendingtheFY2013budgettocarry forwardFY2012encumbrancesandauthorizeanincreaseinhealthcarecontributions BACKGROUND: EachyearCitystaffpreparesandproposesabudgetamendmenttobringforwardthefunds encumberedattheendofthepreviousfiscalyear.ApprovaloftheseFY2012encumbrances(open purchaseorders)makesthefundsavailableforexpenditureinthecurrentfiscalyear,FY2013. Thisyear'srequestedbudgetamendmentalsoincludesanadditional$157,950forCityemployee healthinsurancecontributionstotheSelf-InsuranceFund.This10%increase,equivalentto $75/monthperemployee,wasrecommendedbytheEmployeeBenefitsAdvisoryCommitteeafterthe FY2013budgetwasadopted;theCityCouncilapprovedthechangeaspartoftherenewalwith Cigna.The11/6/2012agendamemoonthisitemisattached.Cityemployeesbeganpayingmorefor healthinsurancecoverageinOctober2012. Theincreaseinauthorizedexpenditureswillbecoveredbytheappropriatefundbalances.Theimpact ontheCity'sfundfinancialpositionisshownbelow,andtheimpactontheFY2013budgetisshown intheattacheddocument. Impactonfundfinancial TheresultingfundbalancesareabovetheminimumlevelsestablishedbytheCity'sfinancial managementpolicies. Fund FundBalance 9/30/2012 Amendments AmendedBudget General$6,568,274$766,907$5,801,367 Utility$3,195,145$271,272$2,923,873 Sanitation$1,572,675$37,031$1,535,644 $11,336,094 $1,075,210 $10,260,884 RECOMMENDATION: Citystaffrecommendsapprovalofthebudgetamendment. ATTACHMENTS: Amendment1impactFY2013 HealthPlanCoverMemo2012.11.06-Hanford OrdinanceamendingFY2013Budget2013.02.19 EncumbrancesFY2013 HealthInsuranceImpactFY2013 Page 49 of 83 CITY OF UNIVERSITY PARK, TEXAS FY2013 BUDGET AMENDMENT NO. 1 BY FUND AND DEPARTMENT 2/19/2013 Fund / Org Unit / Department FY2013 Adopted Budget Encumbrances from FY2012 Additional changes FY2013 FY2013 Amended Budget GENERAL FUND Revenues 01-11 REVENUES $27,286,305 $0 $0$27,286,305 Total Revenues $27,286,305 $0 $0$27,286,305 Expenditures 01-02 EXECUTIVE $947,218 $0 $3,375 $950,593 01-03 FINANCE $1,023,093 $16,293 $4,050 $1,043,436 01-04 HUMAN RESOURCES $354,043 $0 $1,350 $355,393 01-05INFORMATIONSERVICES $980,320 $208,626 $3,375 $1,192,3210105 INFORMATION SERVICES $980,320 $208,626 $3,375 $1,192,321 01-06 LIBRARY $600,000 $0 $2,025 $602,025 01-10 COURT $341,706 $0 $1,350 $343,056 01-19 COMMUNITY DEVELOPMENT $1,155,595 $18,200 $7,425 $1,181,220 01-20 ENGINEERING $750,505$126,350 $4,725 $881,580 01-25 TRAFFIC $862,322 $44,198 $4,725 $911,245 01-35 FACILITY MAINTENANCE $581,232$192,350 $1,350 $774,932 01-40 FIRE $5,040,718 $0 $24,300 $5,065,018 01-50 POLICE $6,795,268 $15,464 $35,100 $6,845,832 01-70PARKS $2745922 $17359 $14850 $27781310170 PARKS $2,745,922 $17,359 $14,850 $2,778,131 01-75 SWIMMING POOL $275,869 $0 $0 $275,869 01-80 STREETS $1,775,323 $5,892 $14,175 $1,795,390 01-85 TRANSFERS $3,032,187 $0 $0$3,032,187 Total Expenditures $27,261,321$644,732$122,175$28,028,228 General Fund Surplus/(Deficit)$24,984 ($644,732)($122,175)($741,923) UTILITY FUND RevenuesRevenues 02-11 REVENUES $14,250,997 $0 $0$14,250,997 Total Revenues 14,250,997$ $0 $0$14,250,997 Expenditures 02-21 UTILITY OFFICE $8,428,704 $0 $2,700 $8,431,404 02-22 UTILITIES 3,365,480$189,397 $14,175 $3,569,052 02-23 STORM WATER 252,870 $65,000 $0 $317,870 02-85 TRANSFERS 2,195,415 $0 $0$2,195,415 TotalExpenditures $14242469 $254397 $16875 $14513741Total Expenditures $14,242,469 $254,397 $16,875 $14,513,741 Utility Fund Surplus/(Deficit)8,528$ ($254,397)($16,875)($262,744) SANITATION FUND Revenues 04-11 REVENUES $2,937,660 $0 $0$2,937,660 Total Revenues $2,937,660 $0 $0$2,937,660 EditExpenditures 04-60 SANITATION$2,771,803 $18,131 $18,900$2,808,834 Total Expenditures $2,771,803 $18,131 $18,900$2,808,834 Sanitation Fund Surplus/(Deficit)$165,857 ($18,131)($18,900)$128,826 TOTAL REVENUES $44,474,962 $0 $0$44,474,962 TOTAL EXPENDITURES 44,275,593$917,260$157,950$45,350,803 TOTAL SURPLUS/(DEFICIT)$199,369 ($917,260)($157,950)($875,841) S:\FINANCE\BUDGET\BUDGET13\Amendments\Encumbrances FY2013.xlsx SUMMARY BY FUND AND DEPT 2/14/2013 4:33 PM Page 50 of 83 AGENDA MEMO (11/6/2012 AGENDA) TO:Honorable Mayor and City Council FROM:Luanne Hanford SUBJECT:CONSIDER AND ACT: on the Employee Health Plan renewal from Cigna in the amount of $523,014 BACKGROUND: The health plan renewal was a bit of an odyssey this year, but once we were able to resolve a major issue, Cigna (our current carrier) submitted a renewal that is quite fair, given our recent claims history. During the renewal negotiations, I kept the Employee Benefits Committee chairman, Roger Lambourn, informed on the process. As you probably know, Roger is the President of Lockton Dunning, which provides broker services for health plans. As such, I have great respect for his expertise in this area. Once the final numbers were submitted by Cigna, Roger met with Bob Livingston and me to discuss the renewal numbers compared to what was budgeted for FY2012-13. After discussing the numbers, we came to the conclusion that we would need to increase both the employees' contributions and the City's contributions by 10% in order to cover the cost of the stop loss premiums, administrative costs, and expected claims of $2.5 million. If approved, we will increase the employee premiums effective January 1, 2013, and the City's additional contribution will be paid from Self-Insurance Fund reserves and effected through a budget amendment before the end of the fiscal year. We have been fortunate to have no increases in employee premiums for six straight years. The increase we are proposing will raise the Employee Only premium by $1.75 per pay period. The increase per pay period for dependent coverage is: Employee + Spouse - $13.50, Employee + Child (ren) - $11.25, and Employee + Family - $21.25. Since we are required to notify employees of changes to the health plan no later than 60 days prior to the plan year, timing was very tight. Roger suggested that I poll the Employee Benefits Committee members by e-mail. I e-mailed all of the members the information about the renewal including the recommendation to increase employee premiums. All of the members concurred with the recommendation. RECOMMENDATION: Approve health plan renewal with Cigna in the amount of $523,014 which will require a 10% increase in employee and City contributions. FUNDING SOURCE: Employee contributions and Self-Insurance Fund reserves. ATTACHMENTS: Spreadsheet detailing the renewal Memo to employees regarding premium increase Spreadsheet on current status of health plan Page 1of 1 2/14/2013http://my.uptexas.org/agendaIntranet/Bluesheet.aspx?ItemID=2216&MeetingID=180 Page 51 of 83 S:\FINANCE\BUDGET\BUDGET13\Amendments\Ordinance 1 amending FY2013 budget 02-19-13.docx 4:11 PM 02/14/13 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2012-2013 FISCAL YEAR BUDGET, ORDINANCE NO. 12/24, TO CARRY FORWARD ENCUMBRANCES FROM THE 2011-2012 FISCAL YEAR BUDGET AND INCREASE THE AMOUNTS FOR EMPLOYEE HEALTH INSURANCE, INCLUDING $766,907 IN GENERAL FUND EXPENDITURES, $271,272 IN UTILITY FUND EXPENDITURES, AND $37,031 IN SANITATION FUND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 12/24 to carry forward encumbrances of funds from the 2011-2012 fiscal year budget listed in Exhibit “A” and increase authorized expenditures in the specific accounts listed in Exhibit “B” by transferring monies from fund balances of the General Fund, Utility Fund, and Sanitation Fund into specific accounts, and to appropriate unreserved fund balances of $766,907 from the general fund, $271,272 from the utility fund, and $37,031 from the sanitation fund, and such expenditures are herby authorized and made a part of the 2012-2013 fiscal year budget of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 12/24, the 2012-2013 fiscal year budget ordinance of the City of University Park, Texas, is hereby amended to carry forward to the 2012-2013 fiscal year encumbrances authorized in the 2011-2012 budget, but not expended during that fiscal year, and to increase specific budget accounts to pay for increased health insurance charges. SECTION 2. That a complete listing of such encumbrances, as they existed as of the beginning of the current fiscal year, is attached hereto as Exhibit “A” and made a part hereof for Page 52 of 83 S:\FINANCE\BUDGET\BUDGET13\Amendments\Ordinance 1 amending FY2013 budget 02-19-13.docx 4:11 PM 02/14/13 all purposes, and a complete listing of department accounts increased for health insurance is attached hereto as Exhibit “B” and made a part hereof for all purposes. SECTION 3. That all of such encumbrances and expenditures, totaling $766,907 in the General Fund, $271,272 in the Utility Fund, and $37,031in the Sanitation Fund, are hereby approved and carried forward into and made a part of the 2012-2013 fiscal year budget of the City. SECTION 4. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 19th day of February, 2013. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ CITY SECRETARY ELIZABETH SPECTOR APPROVED AS TO FORM: ________________________________ CITY ATTORNEY Page 53 of 83 ACCOUNT ENCUMBRANCE NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION GENERAL FUND FINANCE 01-03-7202MICRO COMPUTER SOFTWARE 12,292 MCCI LLC LASERFICHE LICENSES 01-03-9100OFFICE EQUIPMENT 4,001 MAILFINANCE INC FOLDER/INSERTER EQUIPMENT TOTAL FINANCE 16,293 INFORMATION SERVICES 01-05-3060PROFESSIONAL SERVICES 14,400 INTEGRATED INNOVATIONS INCCONTRACT PROGRAMMING 01-05-3060PROFESSIONAL SERVICES 5,400 ABM DATA SYSTEMS CONFIGURATION/INSTALLATION OF 4 ALARMS 01-05-3060PROFESSIONAL SERVICES 8,500 SUNGARD PUBLIC SECTOR DEVELOPMENTAL COSTS-POLICE/OSSI 01-05-3060PROFESSIONAL SERVICES 5,000 NEW WORLD SYSTEMS NEW WORLD .NET SYSTEM TRAINING 01-05-3060PROFESSIONAL SERVICES 20,000 ESRI ENTERPRISE GIS SYSTEM UPGRADE 01-05-7201COMPUTER EQT <$5000 31,033 SUNGARD PUBLIC SECTOR 5 HANDHELD TICKET WRITERS, PRINTERS 01-05-7201COMPUTER EQT <$5000 3,875 GRANICUS INC ENCODING APPLIANCE 01-05-7201COMPUTER EQT <$5000 19,000 DELL COMPUTER CORP 2 SERVERS TO SUPPORT ENERGOV/SERVER 01-05-7201COMPUTER EQT <$5000 4,210 MEDIA MANAGEMENT BACKUP VIDEO & AUDIO MATRIX 01-05-7202MICRO COMPUTER SOFTWARE 12,218 INSIGHT.COM 6 LICENSE FEES 01-05-7202MICRO COMPUTER SOFTWARE 25,000 ESRI SMALL GOVERNMENT ELA 01-05-7202MICRO COMPUTER SOFTWARE 33,060 GRANICUS INC LEGISLATIVE MANAGEMENT SUITE SOFTWARE 01-05-7240TUITION & TRAINING 3,430 ESRI 3 ESRI ARCGIS TRAINING COURSES 01-05-7240TUITION & TRAINING 4,500 ENERGOV SOLUTIONS LLC ENERGOV ANNUAL CONFERENCE 01-05-9201MICRO COMPUTER EQUIPMENT 19,000 DELL COMPUTER CORP CITRIX VIRTUAL SERVERS (2) TOTAL INFORMATION SVCS. 208,626 COMMUNITY DEVELOPMENT 01-19-3063PROGRAMMING/MAINTENANCE 6,000 IMPACT RESOURCES 2012 PARCEL TAX ROLL UPDATE-DCAD 01-19-7201COMPUTER EQT <$5000 12,200 DELL COMPUTER CORP 6 PC'S AND 2 LAPTOPS TOTAL COMMUNITY DEVELOPMENT 18,200 ENGINEERING 01-20-3060MICRO COMPUTER SOFTWARE 13,971 FREESE & NICHOLS INC WATER DISTRIB SYS EVAL/ENGINEERING SERVICES 01-20-3060PROFESSIONAL SERVICES 96,700 RAYMOND L GOODSON RESIDENT ENGINEERING SERVICES-UTILITY WORK 01-20-7202MICRO COMPUTER SOFTWARE 1,679 FREESE & NICHOLS INC WATER DISTRIBUTION SYSTEM EVALUATION 01-20-9201MICRO COMPUTER EQUIPMENT 14,000 HEWLETT-PACKARD LARGE FORMAT PLOTTER TOTAL ENGINEERING 126,350 TRAFFIC DEPARTMENT EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2013 BUDGET AMENDMENT NO. 1 2/19/2013 S:\FINANCE\BUDGET\BUDGET13\Amendments\Encumbrances FY2013.xlsx[EXH A 2:54 PM PAGE 1 OF 3 Page 54 of 83 ACCOUNT ENCUMBRANCE NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2013 BUDGET AMENDMENT NO. 1 2/19/2013 01-25-2350SUPPLIES & MATERIALS 8,172 WENZEL WENZEL & ASSOC INC TRAFFIC CONES 01-25-3060PROFESSIONAL SERVICES 20,134 C & P ENGINEERING LTD SPEED & STOP SIGN WARRANT STUDIES 01-25-6350SIGNAL MAIN & REPAIR 5,892 INTELLIGENT TRAFFIC EQUIP SIGNS WITH PERIMETER LEDS 01-25-6350SIGNAL MAIN & REPAIR 10,000 DYNAMIC VISION CO LED TRAFFIC SIGNAL LIGHTS TOTAL TRAFFIC 44,198 FACILITY MAINTENANCE 01-35-3115CONTRACT MAINTENANCE 1,075 TECH PLAN INC ANNUAL SERVICE CONTRACT 01-35-3115CONTRACT MAINTENANCE 438 STEWART & STEVENSON SRVS PREVENTIVE MAINT AGREEMENT RENEWAL 01-35-3115CONTRACT MAINTENANCE 3,305 PROFESSIONAL COIL CLEANINGQRTLY CHILLER COIL CLEANING 01-35-3115CONTRACT MAINTENANCE 5,360 CITY WIDE BUILDING SERVICES GUTTER & DOWNSPOUT CLEANG/WINDOW WASHG 01-35-3115CONTRACT MAINTENANCE 4,806 SIMPLEXGRINNELL FIRE SPRIINKLER QRTLY AND ANNUAL TEST/INSPECT 01-35-6184SECURITY EXPENSE 11,883 METRO BRICK & STONE CO ADA PAVERS - HANDICAP 01-35-6184SECURITY EXPENSE 8,054 STANLEY SECURITY SOLUTIONS INCCITY-WIDE KEYS, DOORS & PADLOCKS 01-35-6184SECURITY EXPENSE 7,182 DEALERS ELECTRICAL SUPPLY SECURITY LIGHT FIXTURES-4420 WORCOLA 01-35-9950REMODELING PROJECTS 16,455 TRANE US, INC A/C REPLACEMENTS 01-35-9950REMODELING PROJECTS 90,000 GALLAGHER CONSTRUCTION COCONSTRUCTION SERV - 4419 WORCOLA IMPROV. 01-35-9950REMODELING PROJECTS 43,793 A & L FOAM INSULATION INC CITY HALL INSULATION & ENVELOPE SEALING TOTAL FACILITY MAINT.192,350 POLICE 01-50-3075DIRECT ALARM MONITORING 15,464DELL COMPUTER CORP DELL COMPUTER TOTAL POLICE 15,464 PARKS 01-70-3115CONTRACT MAINTENANCE 20 CARRUTHERS LANDSCAPE TURF MAINT ANNUAL CONTRACT 01-70-3115CONTRACT MAINTENANCE 3,157 MOORE DISPOSAL INC PORT-A-POTTY SERVICE 01-70-3115CONTRACT MAINTENANCE 3,120 KNORR SYSTEMS INC SWIMMING POOL SERVICES 01-70-6205PARK FACILITY REPAIR 1,093 DEALERS ELECTRICAL SUPPLY LIGHTING SUPPLIES 01-70-6208PARK EQUIPMENT REPAIR 9,970 LONGHORN SUPPLY PARK EQUIP REPAIR-IRRIGATION CONTROLS TOTAL PARKS 17,359 STREETS 01-80-6375CONSTRUCTION SERVICES 5,892ADMIRAL CONCRETE PAVING CORPREMOVAL & REPLACEMENT OF DEFECTIVE SIDEWALKS TOTAL STREETS 5,892 644,732TOTAL GENERAL FUND ENCUMBRANCES S:\FINANCE\BUDGET\BUDGET13\Amendments\Encumbrances FY2013.xlsx[EXH A 2:54 PM PAGE 2 OF 3 Page 55 of 83 ACCOUNT ENCUMBRANCE NUMBER ACCOUNT DESCRIPTION AMOUNT VENDOR PO DESCRIPTION EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2013 BUDGET AMENDMENT NO. 1 2/19/2013 UTILITY FUND UTILITIES 02-22-2350SUPPLIES & MATERIALS 6,333 FERGUSON WATERWORKS INC TAPPING MACHINE 02-22-3060PROFESSIONAL SERVICES 6,390 RAYMOND L GOODSON ENGINEERING/SURVEYING SERVICES 02-22-3060PROFESSIONAL SERVICES 10,864 BURGESS & NIPLE INC.SEWER SYSTEM EVALUATION SURVEY 02-22-7202MICRO COMPUTER SOFTWARE 4,469 CARTEGRAPH SYSTEMS INC SEWERVIEW MODIFICATION SERVICES TOTAL UTILITIES 28,056 STORM WATER UTILITY 02-23-3060PROFESSIONAL SERVICES 10,777MOORE DISPOSAL INC ANNUAL CONTRACT - STREET SWEEPING TOTAL STORM WATER UTILITY 10,777 38,833 SANITATION 04-60-7392CONTAINERS 12,075 REHRIG PACIFIC COMPANY RECYCLING BINS 04-60-7601HAZARDOUS WASTE SERVICE 12,337 DALLAS COUNTY HHW PROGRAMINTER-LOCAL AGREEMENT WITH DALLAS COUNTY TOTAL SANITATION 24,412 24,412 707,977 TOTAL SANITATION FUND ENCUMBRANCES TOTAL ALL FUNDS ENCUMBRANCES TOTAL UTILITY FUND ENCUMBRANCES S:\FINANCE\BUDGET\BUDGET13\Amendments\Encumbrances FY2013.xlsx[EXH A 2:54 PM PAGE 3 OF 3 Page 56 of 83 INCREASE FOR EMPLOYEE HEALTH INSURANCE, ACCOUNT -1135 ALL CHANGES TO ACCOUNT -1135: DEPARTMENT 53,375$ 01-02 EXECUTIVE 64,050$ 01-03 FINANCE 21,350$ 01-04 HUMAN RESOURCES 53,375$ 01-05 INFORMATION SERVICES 32,025$ 01-06 LIBRARY 21,350$ 01-10 COURT 117,425$ 01-19 COMMUNITY DEVELOPMENT 74,725$ 01-20 ENGINEERING 74,725$ 01-25 TRAFFIC 21,350$ 01-35 FACILITY MAINTENANCE 3624,300$ 01-40 FIRE 5235,100$ 01-50 POLICE 2214,850$ 01-70 PARKS 0-$ 01-75 SWIMMING POOL 2114,175$ 01-80 STREETS--half of 42 IM 0-$ 01-85 TRANSFERS 181122,175$ TOTAL GENERAL FUND 42,700$ 02-21 UTILITY OFFICE 2114,175$ 02-22 UTILITIES EXHIBIT "B" CITY OF UNIVERSITY PARK, TEXAS FY2013 BUDGET AMENDMENT NO. 1 2/19/2013 # FT EMP.AMOUNT 0-$ 02-23 STORM WATER 0-$ 02-85 TRANSFERS 2516,875$ TOTAL UTILITY FUND 2818,900$ 04-60 SANITATION 2818,900$ TOTAL SANITATION FUND 234 157,950$ GRAND TOTAL S:\FINANCE\BUDGET\BUDGET13\Amendments\Encumbrances FY2013.xlsx EMPLOYEE COUNT HEALTH IMPACT 2/14/2013 4:27 PM Page 57 of 83 AGENDAMEMO (2/19/2013AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector,CitySecretary SUBJECT:CONSIDERANDACT:onaresolutionexemptingtheCityfromcompetitivebidding requirementswhenexecutingacontractfortheaudio/visualsystemforthePeek EmergencyOperationsCenterasauthorizedbySection252.022oftheLocal GovernmentCode BACKGROUND: CitystaffispreparinganEmergencyOperationsCenter(EOC)intheformerUPLibraryspaceatthe PeekCenter.OneoftheelementsoftheEOCisinstallationofaudio/visualequipment. CitystaffhasworkedsuccessfullywithMediaManagementtoinstalloverheadprojectors,audio systems,andcomputerizedcontrolsinCityHallandtheUPPublicLibrary.FortheEOC,Media Managementandstaffhavedevelopedadesignfortheaudio/visualcomponentsneededfor emergencyresponse. Procurementsabove$50,000typicallyrequirecompetitiveproposals,cooperativeagreementsorstate contracts.Whenconditionsmerit,suchasconsistency,compatibility,andefficiency,citiesmayenter intoacontractwithouttheserequirements.SuchisthecasewiththeMediaManagementproposal includedontheFebruary19,2013agenda. Towardthisend,CitystaffrequeststhattheCouncilauthorizetheCityManagertoexecuteacontract withMediaManagementintheamountof$106,438fortheEOCaudio/visualsystem.Asnoted above,MediaManagementisthesamevendorthatinstalledandmaintainstheaudio/visualsystemsat CityHallandthelibrary. DetailsoftheproposalareincludedinaseparateagendaitemwithcovermemofromFireChief Howell. RECOMMENDATION: StaffrequeststheCouncilapprovetheresolutionauthorizingtheCityManagertoexecuteacontract fortheaudio/visualsystematthePeekEmergencyOperationsCenter. ATTACHMENTS: Resolutionauthorizingemergencypurchase Page 58 of 83 59382 RESOLUTION NO. _________________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE AUDIO VISUAL SYSTEM FOR THE PEEK CENTER EMERGENCY OPERATIONS CENTER; MAKING FINDINGS EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Fire Chief has determined that the audio visual systems for the new Peek Center Emergency Operations Center should be uniform with, and work consistently between, audio visual systems at City Hall and the Library to provide for the public safety of the residents of the City; and WHEREAS, it is necessary to install an audio visual system from the same source as the other City systems to insure consistency, compatibility and efficiency of installation, coordination and maintenance, including uniformity of repairs and replacement parts; and WHEREAS, to ensure such consistency, compatibility, and efficiency, it is necessary for the City to enter into a contract without competitive bidding to preserve and protect the public health and safety of the City’s residents, and to secure such audio visual system from the single source that can provide those qualities; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council finds and determines that the above conditions exist and to accomplish such objectives, it is necessary to procure the audio visual system for the new Peek Center Emergency Operations Center by contract with Media Management, the single source for such system that will adequately preserve and protect the public safety of the citizens of the City, without competitive bidding, such exemptions being authorized by section 252.022 of the Local Government Code. SECTION 2. That the City Manager is authorized and directed to execute a contract with Media Management for the audio visual system for the new Peek Center Emergency Operations Center, for approximately $106,438.00, in accordance with the Proposal attached hereto as Exhibit “A” and made part hereof for all purposes. Page 59 of 83 59382 SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of University Park, Texas, on the 19th day of February 2013. APPROVED: __________________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: _______________________________ _______________________________________ CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY (RLD/02-11-13/59382) Page 60 of 83 AGENDAMEMO (2/19/2013AGENDA) TO:HonorableMayorandCityCouncil FROM:RandyHowell,FireChief SUBJECT:CONSIDERANDACT:toauthorizetheCityManagertoexecuteacontractwith MediaManagementintheamountof$106,438forinstallationofaudio/visual equipmentinthePeekEmergencyOperationsCenter BACKGROUND: AstheUniversityParkPublicLibraryhasmovedintoitspermanenthomeinthePlazaatPreston Center,staffisabletomoveforwardonconstructionofthePeekEmergencyOperationsCenter (EOC).FundsforconstructionoftheEOC(whichwillalsofunctionasaclassroom)havebeen approvedinthecurrentcapitalbudget. Asreflectedintheprojectstatusworksheetincludedwiththismemorandum,theCapitalProjects ReviewCommitteepreviouslyapprovedabudgetof$200,000fortheproject.Currentexpenditures areontracktofallwithinthebudgetedallotment. MediaManagementhassubmittedaproposalforinstallationoftheaudio/visualcomponentsofthe project.TheproposalincludeselectronicequipmentfortheCommandCenter,the"outsideagencies" areaandthemediaroom.ThebidproposalisincludedfortheCouncil'sreview. ApprovalofthispurchasewillallowequipmenttobeinstalledintheEOCconsistentwithequipment atCityHallandthelibrary.TargetedcompletiondatefortheEOCisApril15,2013. RECOMMENDATION: StaffrequeststheCouncil'sapprovalforpurchase. FUNDINGSOURCE: ApprovedCapitalProjectsfunding. ATTACHMENTS: EOCA/VProposalfromMediaMgt. Projectexpenditureworksheet(Est) Page 61 of 83 /GFKC/CPCIGOGPV..% 4Q[CN.CPG5VG&CNNCU6:RHYYYOOIVEQO  1 February 5, 2013 City of University Park Jim Criswell 3800 University Blvd. University Park, Texas 75205 RE: Peek Center Emergency Operations Center (EOC) AV System Proposal v3 Dear Jim, I would like to thank you for the opportunity to provide a proposal for the audio visual systems at the new Peek Center Emergency Operations Center. Our design is based on the previous site visit, drawings and discussions. Below is a summary of our design. Executive Summary Command Center Video System System can be used in emergency situations or for presentations and training. System components: x 2 HD+ ceiling mounted projectors x 2 65” H x 104” W wall mounted projection screens x 4 PC/laptop connections in floor boxes (connections support analog VGA and digital HDMI) x 2 quad split devices (1 for each projector) x 4 HD cable TV Tuners x Presentation lectern x Digital matrix switcher x Digital transport transmitters and receivers In emergency situation mode, both projectors and screens are active. Any PC/laptop input or cable TV receiver can be displayed on either or both projection screens. Each projector has a quad split device that will allow for up to 4 simultaneous images to be displayed at one time. Quad viewing images can be any PC/laptop or cable TV receiver. System will be controlled via large touch panel located in IT control room. In presentation mode, only 1 projector and screen is active. Either projector can be selected depending on room configuration. PC/laptop input at lectern or cable TV can be viewed on the screen. Images are full screen. There is not a quad view option. System will be controlled via touch panel at lectern. Command Center Audio System Audio in the room can be any PC/laptop or cable TV receiver. There is a gooseneck microphone at the lectern and a wireless lapel mic available for use. Audio sources are selectable from the touch panels. There are 2 audio zones in the room. 1 zone is the main Command Center and other zone is the table for the outside agencies. Each zone has and independent volume control. Page 62 of 83 /GFKC/CPCIGOGPV..% 4Q[CN.CPG5VG&CNNCU6:RHYYYOOIVEQO  2 Command Center Control System There is a 9” touch panel located at the lectern. Touch panel will control presentation or training room functions and have limited emergency mode functions. There is a 12” touch panel in the IT control room. It will have emergency full situation room controls. Outside Agencies Area There is a 55” wall mounted LCD monitor. There is a connection for a laptop in the floor box. There is a cable TV feed to the LCD monitor. Monitor is controlled via Command Center touch panel. Monitor will not receive PC/laptop feed from Command Center. Conference Room There is a ceiling mounted LCD projector and wall mounted 57.5” H x 92” wide projection screen. There is a connection for an in room PC. There are 2 ceiling mounted speakers to reinforce PC audio. LCD projector and room volume is controlled via manufacturer’s IR remote control. There is a 37” LCD monitor wall mounted on the wall opposite the projection screen. LCD monitor is for viewing cable TV only. Monitor is controlled via manufacturer’s hand held IR remote. Conference room system will not receive any video or audio feed from Command Center. Media Room There is a wall mounted 32” LCD monitor. LCD monitor is for viewing cable TV only. There is a headphone distribution amplifier for listening to audio feed from LCD monitor. Monitor is controlled via manufacturer’s hand held IR remote. Standard Terms and Conditions Unless otherwise noted, all electrical work, core drills, conduit, millwork and ceiling tile trim work will be provided by others. AC power at equipment locations will be necessary. All equipment power should be on the same phase. Media Management, LLC ("MMGT") is not responsible for the quality or functionality of Customer furnished equipment. Should any problems or failures arise as the result of using Customer furnished parts, additional labor and/or equipment costs may apply. MMGT is not responsible for the setup of Customer supplied network devices to which a codec is connected or through which data is passed (e.g. switches, routers, firewalls, etc.). MMGT labor charges assume that all work will be done during regular business hours Monday through Friday 8:00 AM to 5:00 PM. Delays created by the Customer or other contractors may result in additional charges. Should any after-hours work be required, additional charges will apply. This quote is valid for 30 days. Thereafter it is subject to change without notice. Page 63 of 83 /GFKC/CPCIGOGPV..% 4Q[CN.CPG5VG&CNNCU6:RHYYYOOIVEQO  3 This proposal has been designed by MMGT and is not to be duplicated for distribution or bidding purposes. If this material is duplicated, a consulting fee will be charged. Any drawings submitted with this proposal remain the property of MMGT. Payment terms and other conditions: 1. Invoices are due NET 30 Days from the invoice date with approved credit. 2. A deposit may be required with the order. 3. Invoices for progress payments may be generated monthly for equipment and non- equipment costs. Warehoused equipment will be invoiced, itemized with serial numbers, and available for inspection. 4. Final payment shall be due upon acceptance. 5. MMGT may charge up to 1-1/2% per month on any past due balance and may file a lien against the project in the event of a delinquent account. 6. MMGT reserves the right to suspend work if invoices become past due. 7. In the event MMGT retains counsel for the purpose of collecting amounts due or to otherwise enforce any provision herein, MMGT shall be entitled to recover its attorney's fees and costs incurred in collecting such amounts. 8. Unless the proposal specifically indicates that freight and transport charges are included in the price, MMGT shall invoice Customer and Customer agrees to pay all freight and transport charges. 9. Unless the proposal specifically indicates that all applicable taxes are included in the price, MMGT shall invoice Customer and Customer agrees to pay all required taxes as are imposed by law and required to be collected by MMGT. If Customer claims to be exempt from tax, then Customer must submit to MMGT a tax exempt or resale certificate. 10. Risk of loss of the equipment shall pass to Customer upon delivery. 11. Title to the equipment shall pass to Customer upon Customer's full payment of the amounts due under the Proposal. 12. A Return Authorization number must be issued by MMGT for all Returns and Exchanges. Credit will be issued only after returned product is inspected and approved by MMGT. A 25% restocking charge and any necessary freight charges and charges for repair and refinishing as determined by MMGT will be deducted from credit. No Returns on lamps or custom products. 13. In no event shall MMGT, its suppliers or subcontractors be liable for any indirect, incidental or consequential damages or claims of Customer or other third parties. MMGT's liability for any such claim shall in no case exceed the purchase price allocable to the equipment or services which gives rise to the claim. Customer agrees to indemnify MMGT against all claims arising out of or resulting from Customer's operation or use of the equipment, whether on account of negligence or otherwise. Standard Warranty, Service Work, Technical Support Media Management’s standard project warranty provides that the audiovisual system furnished for the Project is free from defects in workmanship failure for a period of one (1) year from the date of Substantial Completion. The Owner or their agent handles warranty service for such defects in a reasonable and timely manner from the time of notification to Media Management. Normal warranty calls will be responded to in 24 hours or less. Where correction requires equipment service, The CONTRACTOR will make every effort to make the system operational within 72 hours of the trouble call, Page 64 of 83 /GFKC/CPCIGOGPV..% 4Q[CN.CPG5VG&CNNCU6:RHYYYOOIVEQO  4 during the warranty period. x Manufacturer's equipment warranties are of varying lengths (usually 90 days to 1 year). Media Management will warranty this equipment for the term established by the manufacturer on a depot basis only. x Contact the Media Management to obtain a Project RMA number required for warranty repair. x Deliver warranty repair equipment to the specified Media Management office, Attention: Service Department. x Warranty does not apply to any product(s) that has been subject to misuse, neglect, accident or operational error. *Some parts may be excluded from manufacturer’s warranty such as: Projection screen surfaces and projection screen control devices; projector optical units, projector lamps; touch panel overlays and displays or batteries. Such parts will be provided to YOU at a 10% discount from published MSRP. Media Management is an Audio / Visual Systems Integration Firm. We specialize in design / build solutions for interactive video conferencing, visual communications, video production, audio reinforcement, control systems and multimedia presentation systems. Our typical environments include: boardrooms, conference rooms, training centers, educational facilities and network operation centers. For more information, please visit our website at www.mmgt.com. Once you have had a chance to review this proposal, please contact me at 972-409- 0900 ext. 205 or jhartzell@mmgt.com to schedule a time to meet and discuss. Sincerely, Jerry Hartzell Senior Account Executive Page 65 of 83 Media Management LLC 1801 Royal Lane, Ste 906 Dallas, TX 75229 p 972.409.0900 f 972.409.0903 www.mmgt.com 1 PROPOSAL Company:Date:February 5, 2013 Address:Prepared by:Jerry Hartzell Address 2:Email: jhartzell@mmgt.com City, State, Zip Terms:Net 30 Contact:Freight:FOB Destination Telephone:Prepay & Add Email:Via:Best Way FAX:Proposal:Valid for 30 days Project:Proposal Revision 2 Command Center Video System Equipment QTYMFG. MODEL DESCRIPTION UNIT PRICEEXTENSION 2 Christie Digital LWU505 5000 Lumen 1920 x 1200 (1080p+) LCD Projector with 3 Year Warranty $ 5,330.00 $ 10,660.00 2 Chief RPA / CMA440 / CMS003 Projector Mounting Bracket, Above Ceiling Support and 3" Pipe $ 320.00 $ 640.00 2 Draper251065 Cineperm 65" H x 104" W Fixed Frame Wall Mounted Screen $ 600.00 $ 1,200.00 1 Crestron DM8X8 Digital Media Chasis Based HD Matrix Switcher with Input and Output Modules $ 10,870.00 $ 10,870.00 6 Crestron DM-TX-201-C Digital Media VGA, Audio and HDMI Transmitter $ 870.00 $ 5,220.00 2 CrestronDM-RMC-100-C Digital Media VGA, Audio and HDMI Receiver $ 600.00 $ 1,200.00 2 RGB Spectrum QV HDX-4/0 / HDCP QuadView HD Quad Split Device (HDCP Compliant) $ 8,400.00 $ 16,800.00 4 Contemporary Research 232-ATSC+1 / RK2 HD TV Tuner with Rack Mount $ 960.00 $ 3,840.00 1 VFI PD3003 30" Wide Lectern on Casters with 10 Foot Power Cord $ 1,500.00 $ 1,500.00 3 FSR FL1500 / 4GBFloor Box for Raised Floor with 4 Gang Insert Plate $ 240.00 $ 720.00 3 Extron MVGAA MM-12 12 Foot VGA and Audio Cable $ 40.00 $ 120.00 3 Extron HDMI Ultra/12 12 Foot HDMI Cable $ 60.00 $ 180.00 1 Extron MVGAA MM-6 12 Foot VGA and Audio Cable $ 40.00 $ 40.00 1 Extron HDMI Ultra/6 12 Foot HDMI Cable $ 60.00 $ 60.00 1 Middle Atlantic ERK Equipment Rack with Caster Base, Locking Doors and Power Distribution $ 1,340.00 $ 1,340.00 1 Middle Atlantic UPS100R-8 1000VA / 700 Watt UPS $ 1,000.00 $ 1,000.00 Equipment Subtotal 55,390.00$ Command Center Audio System Equipment QTYMFG. MODEL DESCRIPTION UNIT PRICEEXTENSION 1 ShureMX418 Lecern Mount Gooseneck Microphone $ 320.00 $ 320.00 1 ShureULXS14/85 Wireless Lapel Microphone System $ 770.00 $ 770.00 1 Biamp Audia Solo12X412 x 4 DSP Audio Matrix Mixer $ 2,670.00 $ 2,670.00 8 Electrovoice EVIDC8.2LP 8" Ceiling Mounted Loudspeaker $ 150.00 $ 1,200.00 1 Extron XPA2002-70V 2 Channel Power Amplifier $ 860.00 $ 860.00 Equipment Subtotal 5,820.00$ Command Center Control System Equipment QTYMFG. MODEL DESCRIPTION UNIT PRICEEXTENSION 1 Crestron AV2 2 Series Control Processor $ 1,800.00 $ 1,800.00 1 Crestron TPMC9 9" Color Touch Panel (Lectern) $ 2,540.00 $ 2,540.00 1 Crestron TPMC-V12-TILT 12" Color Touch Panel (IT Control Room) $ 3,400.00 $ 3,400.00 1 Netgear JFS516 16-port 10/100 Unmanaged Ethernet Switch $ 110.00 $ 110.00 Equipment Subtotal 7,850.00$ Peek Center EOC Audio Visual Systems City of University Park 4420 Worcola Dallas, Texas 75206 Jim Criswell (214) 987-5311 jcriswell@uptexas.org Page 66 of 83 Media Management LLC 1801 Royal Lane, Ste 906 Dallas, TX 75229 p 972.409.0900 f 972.409.0903 www.mmgt.com 2 PROPOSAL Company:Date:February 5, 2013 Address:Prepared by:Jerry Hartzell Address 2:Email: jhartzell@mmgt.com City, State, Zip Terms:Net 30 Contact:Freight:FOB Destination Telephone:Prepay & Add Email:Via:Best Way FAX:Proposal:Valid for 30 days Project:Proposal Revision 2Peek Center EOC Audio Visual Systems City of University Park 4420 Worcola Dallas, Texas 75206 Jim Criswell (214) 987-5311 jcriswell@uptexas.org Outside Agencies Area Equipment QTYMFG. MODEL DESCRIPTION UNIT $EXTENSION 1 LG55LS460E 55" Professional LED LCD Monitor, 1080p, with Built-In Speakers and 2 Year Warranty $ 1,480.00 $ 1,480.00 1 ChiefLTMU Tilting Wall Mount for LCD Monitor $ 240.00 $ 240.00 1 Crestron DM-TX-201-C Digital Media VGA, Audio and HDMI Transmitter $ 870.00 $ 870.00 1 Crestron DM-RMC- SCALER-C Digital Media VGA, Audio and HDMI Receiver with Built-In Scaler $ 940.00 $ 940.00 1 FSR FL1500 / 4GBFloor Box for Raised Floor with 4 Gang Insert Plate $ 240.00 $ 240.00 1 Extron MVGAA MM-12 12 Foot VGA and Audio Cable $ 40.00 $ 40.00 1 Extron HDMI Ultra/12 12 Foot HDMI Cable $ 60.00 $ 60.00 Equipment Subtotal 3,870.00$ Conference Room Equipment QTYMFG. MODEL DESCRIPTION UNIT $EXTENSION 1 Christie Digital LW41 4000 Lumen 1280 x 800 (720p+) LCD Projector with 3 Year Warranty $ 2,250.00 $ 2,250.00 1 Chief RPA / CMA440 / CMS003 Projector Mounting Bracket, Above Ceiling Support and 3" Pipe $ 320.00 $ 320.00 1 Draper251064 Cineperm 57.5" H x 92" W Fixed Frame Wall Mounted Screen $ 530.00 $ 530.00 1 Crestron DM-TX-201-C-2G Wall Mounted Digital Media VGA, Audio and HDMI Transmitter $ 940.00 $ 940.00 1 CrestronDM-RMC-100-C Digital Media VGA, Audio and HDMI Receiver $ 600.00 $ 600.00 2 Electrovoice EVIDC4.2 4" Ceiling Mounted Loudspeaker $ 110.00 $ 220.00 1 Extron MPA401-70V 40 Watt Power Amplifier $ 320.00 $ 320.00 1 Extron MVGAA MM-6 12 Foot VGA and Audio Cable $ 40.00 $ 40.00 1 Extron HDMI Ultra/6 12 Foot HDMI Cable $ 60.00 $ 60.00 1 LG37LT560E 37" Professional LED LCD Monitor, 1080p, with Built-In Speakers and 2 Year Warranty $ 660.00 $ 660.00 1 Chief MTMU Tilting Wall Mount for LCD Monitor $ 190.00 $ 190.00 Equipment Subtotal 6,130.00$ Media Office Equipment QTYMFG. MODEL DESCRIPTION UNIT $EXTENSION 1 LG32LT560E 32" Professional LED LCD Monitor, 1080p, with Built-In Speakers and 2 Year Warranty $ 500.00 $ 500.00 1 Chief MTMU Tilting Wall Mount for LCD Monitor $ 190.00 $ 190.00 1 Samson S-AMP 1 x 4 Headphone Distribution Amplifier $ 49.00 $ 49.00 Equipment Subtotal 739.00$ Equipment Total 79,799.00$ Project Materials QTYMFG. MODEL DESCRIPTION PRICE 1 MMGT Tech OpsCables, Connectors, Hardware and Materials 2,500.00$ 2,500.00$ Materials Total 2,500.00$ Page 67 of 83 Media Management LLC 1801 Royal Lane, Ste 906 Dallas, TX 75229 p 972.409.0900 f 972.409.0903 www.mmgt.com 3 PROPOSAL Company:Date:February 5, 2013 Address:Prepared by:Jerry Hartzell Address 2:Email: jhartzell@mmgt.com City, State, Zip Terms:Net 30 Contact:Freight:FOB Destination Telephone:Prepay & Add Email:Via:Best Way FAX:Proposal:Valid for 30 days Project:Proposal Revision 2Peek Center EOC Audio Visual Systems City of University Park 4420 Worcola Dallas, Texas 75206 Jim Criswell (214) 987-5311 jcriswell@uptexas.org Professional Services and Installation DESCRIPTION PRICE 1 MMGT Tech Ops Project Installation, Engineering, Control Programming, Commissioning, Project Management, System Warranty, Training and Documentation $ 22,000.00 22,000.00$ Installation Total 22,000.00$ EQUIPMENT TOTAL 79,799.00$ MATERIALS TOTAL 2,500.00$ INSTALLATION TOTAL 22,000.00$ SHIPPING, HANDLING AND INSURANCE 2,139.00$ SALES TAX -$ PROPOSAL TOTAL 106,438.00$ Page 68 of 83 Ci t y o f U n i v e r s i t y P a r k , T X "G o o d " - O p t i o n 1 "B e t t e r " - O p t i o n 2 "B e s t " - O p t i o n 3 De s c r i p t i o n ma k e un i t $ to t a l $ ma k e un i t $ to t a l $ ma k e unit $total $ 1 C o n f e r e n c e R o o m - 1 9 ' x 2 0 ' Ta b l e - g r o m m e t f o r a v / t / d b y o t h e r 1 HO N P r e s i d e 2 , 2 0 0 . 0 0 $ 2, 2 0 0 . 0 0 $ N a t l - W W 3, 1 0 0 . 0 0 $ 3, 1 0 0 . 0 0 $ S C E - T a b l e 3,750.00$ 3,750.00$ Ch a i r s - t a s k - L e a p S t a n d a r d 8 Le a p 47 6 . 0 0 $ 3, 8 0 8 . 0 0 $ L e a p 47 6 . 0 0 $ 3, 8 0 8 . 0 0 $ L e a p 476.00$ 3,808.00$ Si d e C h a i r s - n e s t i n g 6 Ho n N e s t i n g 2 5 0 . 0 0 $ 1, 5 0 0 . 0 0 $ N a t l - J i m i n y 28 0 . 0 0 $ 1, 6 8 0 . 0 0 $ N a t l J i m i n y 280.00$ 1,680.00$ W h i t e B o a r d - 4 x 6 1 HO N 55 0 . 0 0 $ 55 0 . 0 0 $ E g a n 67 5 . 0 0 $ 67 5 . 0 0 $ C l a r u s m a g n e t i c 1 , 0 1 0 . 0 0 $ 1,010.00$ Ph o n e n/ a Co m p u t e r n/ a AV P r o j S c r e e n - 5 ' x 8 ' n/ a 2 M e d i a O f f i c e - 1 2 ' x 1 1 ' De s k i n g - " L - s h a p e " w / h u t c h 1 Ho n A t t u n e 1 , 8 5 0 . 0 0 $ 1, 8 5 0 . 0 0 $ N a t i o n a l W W 2 , 2 5 0 . 0 0 $ 2, 2 5 0 . 0 0 $ N a t i o n a l W W 2 , 2 5 0 . 0 0 $ 2,250.00$ Ta s k C h a i r - L e a p S t a n d a r d 1 SC L e a p 59 0 . 0 0 $ 59 0 . 0 0 $ S C L e a p 59 0 . 0 0 $ 59 0 . 0 0 $ S C L e a p 590.00$ 590.00$ Si d e C h a i r s - N e s t i n g 2 Ho n N e s t 25 0 . 0 0 $ 50 0 . 0 0 $ N a t i o n a l J i m i n y 2 8 0 . 0 0 $ 56 0 . 0 0 $ N a t l J i m i n y 280.00$ 560.00$ Co m p u t e r n/ a Ph o n e n/ a Te l e v i s i o n n/ a 3 I T C o n t r o l R o o m - 1 2 ' x 1 1 ' De s k n/ a Ch a i r n/ a Se r v e r R a c k n/ a Se r v e r s n/ a Ph o n e n/ a Te l e v i s i o n n/ a 4 E m e r g . O p e r . C e n t e r Tr a i n i n g T a b l e - F l i p / N e s t - m o d e s t y 1 5 HO N H u d d l e 5 5 0 . 0 0 $ 8, 2 5 0 . 0 0 $ N a t i o n a l W W 9 0 6 . 0 0 $ 13 , 5 9 0 . 0 0 $ A k i r a 950.00$ 14,250.00$ Ch a i r - K a r t t y p e 34 HO N P e r p e t u a l 25 0 . 0 0 $ 8, 5 0 0 . 0 0 $ Na t i o n a l J i m i n y 28 0 . 0 0 $ 9, 5 2 0 . 0 0 $ Ka r t 435.00$ 14,790.00$ Ch a i r - K a r t t y p e 34 HO N P e r p e t u a l 2 5 0 . 0 0 $ 8, 5 0 0 . 0 0 $ N a t i o n a l J i m i n y 2 8 0 . 0 0 $ 9, 5 2 0 . 0 0 $ K a r t 435.00$ 14,790.00$ Co m p u t e r n/ a Ph o n e n/ a 60 " T V n/ a AV P r o j S c r e e n - 5 ' x 8 ' n/ a W h i t e B o a r d - 4 x 6 4 HO N 55 0 . 0 0 $ 2, 2 0 0 . 0 0 $ E g a n 67 5 . 0 0 $ 2, 7 0 0 . 0 0 $ C l a r u s m a g n e t i c 1 , 0 1 0 . 0 0 $ 4,040.00$ Le c t e r n 1 HO N 71 0 . 0 0 $ 71 0 . 0 0 $ NA t i o n a l 1, 3 5 0 . 0 0 $ 1, 3 5 0 . 0 0 $ Na t i o n a l 1,350.00$ 1,350.00$ bu d g e t e s t . 29 , 9 4 8 . 0 0 $ bu d g e t e s t 38 , 4 7 3 . 0 0 $ 46,728.00$ Page 69 of 83 City of University Park Emergency Operations Center Project # 43741 Budget Estimates ItemVendor Cost Estimate Carpentry / Glass Walls Gallagher Construction 8,070.00$ Painting Gallagher Construction 1,450.00$ Audio/Visual Equipment Media Management 106,438.00$ Electrical TBD 5,000.00$ Cabling (data/phone)TBD 4,000.00$ HVAC Upgrades Trane 10,000.00$ Furniture Business Interiors 46,728.00$ #### Contingency (10%)18,168.60$ Project Total:199,854.60$ Page 70 of 83 AGENDAMEMO (2/19/2013AGENDA) TO:HonorableMayorandCityCouncil FROM:LizSpector SUBJECT:CONSIDERANDACT:onminutesoftheFebruary5,2013CityCouncilMeeting BACKGROUND: MinutesoftheFebruary5,2013CityCouncilMeetingareincludedfortheCouncil'sreview. ATTACHMENTS: Feb.5,2013CCMtgMinutes Page 71 of 83 0,187(6 $*(1'$ &,7<&281&,/0((7,1* &,7<2)81,9(56,7<3$5.7(;$6 &281&,/&+$0%(5±&,7<+$// 78(6'$<)(%58$5<30  2:45 - 3:00 P.M. University Park Civic Foundation Annual Board of Directors Meeting, Executive Conference Room, 1st Floor, City Hall.  3:00 - 4:00 P.M. CLOSED EXECUTIVE SESSION: Pursuant to the authority of Section 551.071(2) of the Government Code, the City Council met in closed session for a privileged communication with the City Attorney with reference to the legal ramifications of proposed special conditions applicable to the Park Cities YMCA zoning application, including but not limited to PD conditions and size. No action was taken. Executive Conference Room, First Floor, City Hall.   7KH([HFXWLYH6HVVLRQZDVDWWHQGHGE\0D\RU'LFN'DYLV0D\RU3UR7HP%RE&ODUN &RXQFLOPHPEHU%RE%HJHUW&RXQFLOPHPEHU'DZQ0RRUHDQG&RXQFLOPHPEHU7RPP\ 6WHZDUW$OVRSUHVHQWZDV&LW\$WWRUQH\5RE'LOODUG&LW\0DQDJHU%RE/LYLQJVWRQ&LW\ 6HFUHWDU\/L]6SHFWRU'LUHFWRURI&RPPXQLW\'HYHORSPHQW5REELH&RUGHU'LUHFWRURI 3XEOLF:RUNV%XG6PDOOZRRG&RPPXQLW\,QIRUPDWLRQ2IILFHU6WHYH0DFHDQG$VVLVWDQW WRWKH&LW\0DQDJHU*HRUJH(UWOH  4:00 - 4:15 P.M. The City Council met in open work session for a staff review of actions the City will take this spring and summer to control mosquitos. Included were details on a "Fight the Bite" campaign. Council Conference Room, 2nd Floor, City Hall.   4:15 - 5:00 P.M. The City Council met in open work session to receive agenda item briefings from staff. No action was taken. Council Conference Room, 2nd floor, City Hall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age 72 of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age 73 of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onsent Agenda approval will authorize staff to reject all bids received for Bid # 13- 01 and to re-bid the project.   ORDINANCE NO. 13/03 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 12.06.005 “TRUCK IDLING” TO AMEND THE ENFORCEMENT PERIOD AND TO ADD EXEMPTIONS FOR CERTAIN VEHICLES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.   &RXQFLOPHPEHU6WHZDUWPDGHDPRWLRQWRDSSURYHWKH&RQVHQW$JHQGD0D\RU3UR7HP &ODUNVHFRQGHGDQGWKHPRWLRQFDUULHGXQDQLPRXVO\    &LW\0DQDJHU/LYLQJVWRQVDLGDVGLVFXVVHGLQWKHSUHPHHWLQJZRUNVHVVLRQWKLV II.CONSENT AGENDA $&216,'(5$1'$&7RQELGVUHFHLYHGIRUWKHFRQVWUXFWLRQRIVFUHHQLQJZDOOVDW WKH3HHN6HUYLFH&HQWHUV %&216,'(5$1'$&7RQDQRUGLQDQFHDPHQGLQJORFDOO\HQIRUFHGLGOLQJ UHVWULFWLRQVLQFRQMXQFWLRQZLWKVWDWHUHYLVLRQV &&216,'(5$1'$&7RQPLQXWHVRIWKH-DQXDU\&LW\&RXQFLO0HHWLQJ III.MAIN AGENDA $',6&866VLGHZDONDQG52:LPSURYHPHQWVIRUEXLOGLQJSHUPLWVLQH[FHVVRI LQYDOXDWLRQ Page 74 of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age 75 of 83 AGENDAMEMO (2/19/2013AGENDA) TO:HonorableMayorandCityCouncil FROM:RobbieCorder,DirectorofCommunityDevelopment SUBJECT:CONSIDERANDACT:onanordinanceamendingSection4.07oftheUniversity ParkCodeofOrdinances,SalesofPersonalProperty BACKGROUND: DuringtheJune19,2012CityCouncilmeeting,staffreviewedSection4.07oftheCode Ordinances,whichregulatesthesaleofpersonalproperty.Specifically,staffnotedthedifficulties associatedwithenforcementoftheprovisionsrelatedtooccasionalsales(i.e..garageandestate sales).CodeOfficersareresponsibleforenforcingtheexistingregulations;however,mostresidents whoconductagaragesalewillviolateoneormoreoftheprovisionscontainedintheCodeof Ordinances.Typicalviolationsmayinclude: SignsplacedintheCity'srights-of-way(ROW); Morethanonesignposted; Signexceedstwo(2)squarefeet; Salesconductedinthefrontyard;and Garagesalesconductedmorethantwo(2)dayspercalendaryear. TheCityCouncilreferredtheitemtotheUrbanDesignandDevelopmentAdvisoryCommittee (UDADAC)foradditionalstudy.DuringmeetingsinAugust,2012andFebruary,2013UDADAC reviewedtheordinanceanddiscussedwithstaffpossibleordinanceandproceduralchanges.Attached aretheminutesreflectingtherecommendationsfromUDADAC. RECOMMENDATION: UDADACunanimouslymadethefollowingrecommendationtotheCityCouncilduringtheFebruary 6,2013meeting: Salesshallbeallowedinthefrontyardonapatioordriveway,withsaleitemsremovedfrom thefrontyardovernight. Twosalespercalendaryearareallowed,withamaximumofthirty-sixhourspersale. SalesmaybelistedontheCity'swebsiteuponcompletionofawrittenapplication. Staffrecommendsapprovaloftheproposedchanges. ATTACHMENTS: Ordinance UDADACMinutes2.6.13 UDADACMinutes8.1.12 Page 76 of 83 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 4 TO REGULATE SALES OF PERSONAL PROPERTY IN RESIDENTIAL DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Code of Ordinances, City of University Park, Texas, is hereby amended by amending Chapter 4, Article 4.07 “Sales of Personal Property” in part as follows: “Sec. 4.07.003 Sales in residential district A person commits an offense if he sells or offers for sale personal property within a residentially zoned district, except as provided below, to wit: (1) Occasional sales permitted. A person may conduct a sale of personal property from his or her residence on no more than two occasions in any calendar year. A sale may be conducted for no more than thirty-six hours. … (5) Location of occasional sales. Occasional sales may be conducted only in the back yard, garage, patio, or driveway of a residence. No portion of the sale may be conducted on any public right-of-way. Occasional sales utilizing any portion of the front yard may not permit personal property items to remain in the front yard over night. …” SECTION 2. All provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. Should any word, sentence, paragraph, subsection, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. Any person, firm or corporation violating any of the provisions of this Page 77 of 83 ordinance or the Code of Ordinances, 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 five hundred dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect 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 ____________ 2013. APPROVED: ______________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ______________________________ ______________________________ CITY ATTORNEY LIZ SPECTOR, CITY SECRETARY (RLD/02-08-13/59359) Page 78 of 83 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 4 TO REGULATE SALES OF PERSONAL PROPERTY IN RESIDENTIAL DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of ___________ 2013. APPROVED: ______________________________ W. RICHARD DAVIS, MAYOR ATTEST: ______________________________ LIZ SPECTOR, CITY SECRETARY Page 79 of 83 URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE MINUTES February 6, 2013 The Urban Design & Development Advisory Committee of the City of University Park met on Wednesday, February 6, 2013 at 12:00 P.M. at the Peek Service Center, 4420 Worcola Street, Dallas, Texas. The following are minutes of that meeting. Committee Members Attending: Staff Members Attending: Michael Culwell - Chairman Doug Smellage Jacob Speer – Assistant Director of Public Works Spence Kendrick Robbie Corder – Community Development Director Diana Byrd Harry Persaud – Chief Planning Official Tom Weber Jodie Ledat – Public Works Administrative Assistant Bruce Collins William R. “Rusty” Goff Cindy Kipp Brian Hammer Charlie Little Councilmember in Attendance: Guests: Bob Clark None Absent and Excused: Jason Mackey Eurico Francisco 1. Call to Order Chairman Culwell opened the meeting at 12:11pm. 2. Review and Discuss Requirements for garage sales and make a recommendation to the City Council Community Development Director Robbie Corder reminded the committee of their previous discussion regarding garage sale regulations and reviewed staff recommendations based on UDADAC’s comments and suggestions. Staff recommendations include the following changes: • Garage sales may be located in the residence, garage, patio, driveway, and / or the front yard (all items in the front yard must be removed at the end of the day); • Residents may hold two (2) sales per calendar year; and • Garage sales can be listed on the City’s website upon completion of an application which will include a list of rules and procedures for sales. Current regulations that would remain in place include: • Permitted hours are 8am to 8pm; • The maximum size of a garage sale sign is 2 feet2; • The maximum number of signs allowed is one (1), and it is limited to the property of the sale; Page 80 of 83 • No permitting or registration will be required. Discussion ensued among the committee members. Rusty Goff moved to approve the recommended changes regarding garage sales. Bruce Collins seconded the motion and all members voted in favor. 3. Review and Discuss Prohibition of construction activity on certain holidays and make a recommendation to the City Council Robbie Corder informed the committee the request to prohibit construction activity on certain holidays was made by a resident and followed by a staff review of the regulations of other municipalities. He reviewed the City’s current ordinance regarding construction activity and provided the committee with information regarding the regulations of other cities. There was discussion amongst the committee members regarding which holidays should be considered for the restriction. It was decided that University Park’s list of holidays should mirror that of Highland Park’s in an effort to reduce confusion among the construction industry. The list of proposed holidays that construction would be prohibited include New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Eve, and Christmas Day. Charlie Little moved to approve the recommendation. Tom Weber seconded the motion and all members voted in favor. 4. Review and Approve Minutes of the August 1, 2012 meeting Chairman Culwell asked for approval of the minutes of the August 1, 2012 meeting. Mr. Smellage moved to approve the minutes, and Mr. Weber seconded the motion. All members present voted in favor. In response to a request to tour the Presidential Library, Councilmember Clark noted that all committees should have guided tours of both the Presidential and University Park Libraries. 5. Adjournment The meeting was adjourned by Chairman Culwell at 12:52pm. _______________________________ ____________________ M. Culwell, Chairman, Date U.D.A.D.A.C. Page 81 of 83 URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE MINUTES August 1, 2012 The Urban Design & Development Advisory Committee of the City of University Park met on Wednesday, August 1, 2012 at 12:00 P.M. at the Peek Service Center, 4420 Worcola Street, Dallas, Texas. The following are minutes of that meeting. Committee Members Attending: Staff Members Attending: Michael Culwell - Chairman Bud Smallwood – Director of Public Works Doug Smellage Jacob Speer – Assistant Director of Public Works Spence Kendrick Robbie Corder – Community Development Director Jason Mackey Harry Persaud – Chief Planning Official Tom Weber George Ertle – Assistant to the City Manager Jodie Ledat – Public Works Administrative Assistant Councilmember in Attendance: Guests: Bob Clark Phillip Jabour of Southern Methodist University Trisha Mehis of Southern Methodist University Mike Geisler of Venture Commercial Management Absent and Excused: Cindy Kipp Charlie Little William R. “Rusty” Goff Brian Hammer Eurico Francisco 1. Call to Order Bud Smallwood opened the meeting at 12:12pm, and invited Harry Persaud to present the first agenda item. 2. Review and Discuss a Proposed Amendment to the Special Sign District for the Plaza at Preston Center Chief Planning Official Harry Persaud provided the committee with background regarding the Special Sign District for the Plaza at Preston Center as well as the proposed amendment to the sign district. He noted the Plaza was requesting the amendment in response to a request by a potential tenant for secondary signage on the Preston Road and Northwest Highway frontages. Mike Culwell asked if there would be changes to signage on the façades facing residential areas. Mr. Persaud noted no changes to residential facades were proposed. Mr. Mike Geisler of Venture Commercial distributed photos of area business signage similar to the signage requested and indicated it was very common. Discussion ensued. Chairman Culwell made a motion to approve the proposed amendment to the Special Sign District for the Plaza at Preston Center. Jason Mackey seconded the motion and the motion passed unanimously. 3. Review and Discuss a Proposed Amendment to the SMU Special Sign District Harry Persaud introduced to the committee SMU representatives, Philip Jabour and Trisha Mehis, and presented the proposal for new monument signs at four (4) locations. Mr. Culwell asked if the signs were Page 82 of 83 larger than existing signs and if they would be illuminated. Mr. Jabour indicated the proposed signs are a bit smaller than existing monument signs and will be illuminated by lights in planter beds. The four proposed signs would be at the Annette Caldwell Simmons School of Education and Human Development, the Bobby Lyle School of Engineering, and two (2) SMU Campus signs, one at the northwest corner of SMU Boulevard and Central Expressway and the other on the southwest corner of the same intersection. Committee members indicated they felt the signs were necessary and complimentary to the campus. Chairman Culwell made a motion to approve the amendment to the Special Sign District for SMU. Spence Kendrick seconded the motion and all members voted in favor. 4. Discuss Requirements for Garage Sales Community Development Director Robbie Corder distributed handouts of Article 4.07 of the Code of Ordinances which regulates the sale of personal items and explained the City Council requested UDADAC review the current requirements and consider revisions. Robbie Corder utilized a PowerPoint presentation to inform the committee of current regulations, issues faced by code enforcement officers, and policies of area cities regarding garage and estate sales. There was discussion regarding permitting, signage, online publication of area sales, etc. Spence Kendrick suggested requiring a low-cost permit which would allow residents to be notified of regulations and sign a form indicating they understand and will follow the regulations. Mr. Weber felt this may make more work for enforcement officers, and Mr. Mackey indicated he was in favor of requiring no permit but would request residents to sign a form indicating they are aware of regulations they would need to abide by. Mr. Smellage felt the revenue collected via a low-cost permit would at least offset some of the enforcement costs incurred by the City. Mr. Culwell suggested the allowed hours for a sale should also be reviewed and perhaps changed. Robbie Corder thanked the committee for their suggestions and indicated he will take the committee’s thoughts, conduct more research, and bring back to the committee options for their review. 5. Discuss the City’s Storm Water Management Plan Bud Smallwood informed the committee of the City’s mandate to inform and update certain advisory committees on the Storm Water Management Plan, and he asked Jacob Speer to make the presentation. Mr. Speer utilized a PowerPoint presentation to update the committee on the requirements of the plan and the City’s progress. 6. View Ethics Training Video Due to time constraints, the video will be viewed at the next meeting. 7. Review and Approve Minutes of the February 29, 2012 meeting Chairman Culwell asked for approval of the minutes of the February 29, 2012 meeting. Mr. Weber moved to approve the minutes, and Spence Kendrick seconded the motion. All members present voted in favor. 8. Adjournment The meeting was adjourned by Chairman Culwell at 1:34pm. _______________________________ ____________________ M. Culwell, Chairman, Date U.D.A.D.A.C. Page 83 of 83