HomeMy WebLinkAbout2013.04.02 City Council AgendaCITY OF UNIVERSITY PARK
REGULAR CITY COUNCIL MEETING
LOCATION: CITY HALL COUNCIL CHAMBER
AGENDA #2858
APRIL 2, 2013
CALL TO ORDER: 5:00 P.M.
2:30 - 3:45 P.M.EXECUTIVE SESSION: Pursuant to the authority of GC §551.071(2), the City
Council will meet in closed executive session for a consultation with the City
Attorney to receive confidential legal advice regarding legal ramifications of
proposed special conditions applicable to the Park Cities YMCA zoning application;
and, under GC §551.071(1)(a) to consult with Attorney Rick Tubb, representing the
City in pending litigation. Consider Legacy Hillcrest Investments, Ltd. v. the Board of
Adjustment of the City of University Park, Texas. No action will be taken. Executive
Conference Room, first floor, City Hall.
3:45 - 4:00 P.M.DISCUSS: request to consider annexation of the former Mrs. Baird's site on the
southwest corner of Mockingbird and Central Expressway
4:00 - 5:00 P.M.WORK SESSION FOR AGENDA REVIEW: The Council will meet in open work
session to receive agenda item briefings from staff. No action will be taken. Council
Conference Room, 2nd floor, City Hall.
TO SPEAK ON AN AGENDA ITEM
Anyone wishing to address the Council on any item must fill out a green “Request to Speak” form and
return it to the City Secretary. When called forward by the Mayor, before beginning their remarks, speakers
are asked to go to the podium and state their name and address for the record.
I . CALL TO ORDER
A .INVOCATION: Councilmember Tommy Stewart
B .PLEDGE OF ALLEGIANCE: Councilmember Tommy Stewart / Boy Scouts
C .INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D .INTRODUCTION OF STAFF: City Manager Bob Livingston
II . AWARDS AND RECOGNITION
A.RETIREMENT: recognition for Kenneth Chance, Sanitation Superintendent, with 24
1/2 years of service, Juan Martinez, Sanitation Driver with 38 years of service, and
Kathleen Mashburn, Finance Administrative Secretary, with 22 years of service.
III . CONSENT AGENDA
A.RECOGNITION: of Tree City USA Certification for 2012
B.CONSIDER AND ACT: on Williams Park reservation request from Highland Park
Presbyterian Church
C.CONSIDER AND ACT: on an ordinance amending Article 13.300 of the Code of
Ordinances, Swimming Pool Regulations
D.CONSIDER AND ACT: on minutes of the March 19, 2013 City Council Meeting
E.CONSIDER AND ACT: on minutes of the March 27, 2013 Special City Council
Meeting
Page 1 of 59
IV . MAIN AGENDA
A.CONSIDER AND ACT: on an ordinance granting approval for a conceptual site
plan to amend Planned Development District PD-12, to demolish the existing structure
and redevelop a 3.72 acre tract more or less, with a new YMCA facility and a below-
grade parking garage.
B.CONSIDER AND ACT: on a resolution authorizing acceptance and use of SWHEA
and THEA surplus funds
C.CONSIDER AND ACT: on approval of a proposal from Imaginuity Interactive, Inc. to
redesign the City's website
V. PUBLIC COMMENTS
Anyone wishing to address an item not on the Agenda should do so at this time. Please be
advised that under the Texas Open Meetings Act, the Council cannot discuss or act at this
meeting on a matter that is not listed on the Agenda. However, in response to an inquiry, a
Council member may respond with a statement of specific factual information or a
recitation of existing policy. It is the Council’s policy to request that citizens not address
items that are currently scheduled for a future agenda or public hearing. Instead, the Council
requests that citizens attend that specific meeting to express their opinions, or comment to
the Council by e-mail at City-Council@uptexas.org or letter addressed to the Mayor and
Council at 3800 University Blvd., University Park, Texas 75205. Other questions or private
comments for the City Council or Staff should be directed to that individual immediately
following the meeting.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened
into Closed Executive Session for the purpose of seeking confidential legal advice from the City
Attorney on any Agenda items listed herein.
Page 2 of 59
AGENDA MEMO
(4/2/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Luanne Hanford
SUBJECT:RETIREMENT: recognition for Kenneth Chance, Sanitation Superintendent, with 24
1/2 years of service, Juan Martinez, Sanitation Driver with 38 years of service, and
Kathleen Mashburn, Finance Administrative Secretary, with 22 years of service.
BACKGROUND:
Page 3 of 59
AGENDA MEMO
(4/2/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Gerry Bradley, Parks Director
SUBJECT:RECOGNITION: of Tree City USA Certification for 2012
BACKGROUND:
The City of University Park has again received Tree City USA designation from the National Arbor
Day Foundation for 2012. This is the eighth consecutive year the City has received this recognition.
The Tree City USA program recognizes the City’s achievements in promoting the environmental and
economic benefits of planting and preserving trees in our community. In 2012, 85 trees were planted
as part of our “Trees For Town” program. This brings the total number of trees planted in University
Park since 1985 to approximately 3,500 trees.
ATTACHMENTS:
Letter - Texas A&M Forest Service
Page 4 of 59
Page 5 of 59
AGENDA MEMO
(4/2/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Gerry Bradley, Parks Director
SUBJECT:CONSIDER AND ACT: on Williams Park reservation request from Highland Park
Presbyterian Church
BACKGROUND:
Staff received a request from the Highland Park Presbyterian Church to reserve Williams
Park on Saturday, August 24, 2013 from 2:00 p.m. until 9:00 p.m. for a family event.
The event will include a band, bounce houses, food and games. HPPC representatives
have indicated they anticipate approximately 300 individuals to attend.
Staff has contacted HPPC and reviewed the various ordinances and fees associated with
the rental. The church will will be charged $750.00, including a
refundable $250.00 damage deposit. HPPC has held similar events on park property in
the past with no problems reported.
RECOMMENDATION:
Staff will take direction from City Council on how to proceed with this request.
ATTACHMENTS:
Reservation Request – Highland Park Presbyterian Church
Page 6 of 59
• Highland Park
U PRESBYTERIAN CHURCH
March 19, 2013
To: Jerry Bradley, UP Park Director
Mr, Bradley,
This is a request to reserve Williams Park on Saturday, August 24, 2013
from 2-9 pm for a family event for Highland Park Presbyterian Church. Set
up will begin at 2 pm and the actual event will occur from 5-9 pm.
We anticipate 300 in attendance and plan to offer bounce houses, food,
games and an outdoor concert,
Thank you for your consideration,
Sincerely,
~~.~
Christi Glasscock
214-525-4104
D' ctor of C 'Idr 's rogramming and Events
.
fw1
Mark Story
214-525-4247
Executive Director
Page 7 of 59
AGENDA MEMO
(4/2/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Liz Spector, City Secretary
SUBJECT:CONSIDER AND ACT: on an ordinance amending Article 13.300 of the Code of
Ordinances, Swimming Pool Regulations
BACKGROUND:
Pursuant to discussions at the March 19, 2013 City Council Meeting, the City Council requested the
City Attorney draft an ordinance amendment to allow use of the swimming pool by former University
Park mayors who no longer reside in the City or within HPISD boundaries.
Staff also requested two additions to the same code section as follows: members of any swim team,
whose membership consists primarily of City residents, which has been approved by the Parks
Director, may use the pool as a practice area, and members of the families and bona fide guests of
qualified residents or property owners may also use the pool.
The
amending ordinance is included for the Council's review.
ATTACHMENTS:
Ordinance amending pool use regulations
Page 8 of 59
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
ARTICLE 13.300 SWIMMING POOL REGULATIONS; 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. The Code of Ordinances, City of University Park, Texas, is
hereby amended by amending Article 13.300 “Swimming Pool Regulations” in part
as follows:
“ARTICLE 13.300 SWIMMING POOL REGULATIONS
…
Sec. 13.303 Who May Use Pools
The persons listed in this Section may use the City swimming pools, to wit:
…
(e) Members of any swim team, whose membership consists primarily of City
residents, which has been approved by the Parks Director, may use the pool as a practice
area;
(f) Members of the families and bona fide guests of qualified residents or property
owners described in (b) or (c) above; and,
(g) Former Mayors who are non-residents of the City.”
SECTION 2. All ordinances of the City of University Park in conflict with
the provisions of this ordinance are hereby repealed.
SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase
or section of this ordinance be adjudged or held to be unconstitutional, illegal, or
invalid, the same shall not affect the validity of this ordinance as a whole, or any part
Page 9 of 59
or provision thereof, other than the part decided to be invalid, illegal or
unconstitutional.
SECTION 4. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction in the municipal
court of the City of University Park, Texas, shall be subject to a fine not to exceed
the sum of five hundred dollars ($500.00) for each offense.
SECTION 5. This ordinance shall take effect immediately from and after
its passage and the publication of the caption, as the law and Charter in such cases
provide.
DULY PASSED by the City Council of the City of University Park, Texas,
on the 2nd day of April 2013.
APPROVED:
______________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
________________________________________
ELIZABETH SPECTOR, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
(RLD/3-22-13/59976)
Page 10 of 59
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
ARTICLE 13.300 SWIMMING POOL REGULATIONS; 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 2nd day of April 2013.
APPROVED:
_________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
______________________________________
ELIZABETH SPECTOR, CITY SECRETARY
Page 11 of 59
AGENDA MEMO
(4/2/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Liz Spector, City Secretary
SUBJECT:CONSIDER AND ACT: on minutes of the March 19, 2013 City Council Meeting
BACKGROUND:
Minutes of the March 19, 2013 City Council Meeting are attached for the Council's review.
ATTACHMENTS:
March 19, 2013 CC Mtg Min
Page 12 of 59
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3:00 - 4:15 P.M. EXECUTIVE SESSION: Pursuant to the authority granted under Texas
Government Code, the City Council met in closed executive session under Section 551.071
(2) for a consultation with the City Attorney to receive confidential legal advice regarding
legal ramifications of proposed special conditions applicable to the Park Cities YMCA
zoning application, and, regarding an alleged Title IX violation; and under Section 551.074
(1) for an evaluation of the City Manager. No action was taken. Executive Conference
Room, 1st floor, City Hall.
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4:15 - 4:20 P.M. DISCUSS: Possible modification of pool pass ordinance to allow use by
former mayors no longer residing within University Park
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4:20 - 4:30 P.M. DISCUSS: Donation of sculpture to be installed in Hitzelberger Park
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4:30 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW: The City Council convened
into 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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Page 13 of 59
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I.CALL TO ORDER
Page 14 of 59
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ORDINANCE NO. 13/10
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK TEXAS,
ABANDONING A WATER LINE EASEMENT IN LOT 1R, BLOCK 3, OF
THE LOMA LINDA ADDITION, AS MORE PARTICULARLY DESCRIBED
AND DEPICTED IN EXHIBIT "A", TO THE ABUTTING OWNERS;
PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS
ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS
OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY;
AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 13/11
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING AT ANY TIME IN THE 3000 BLOCK OF SMU
BOULEVARD; PROVIDING FOR THE ERECTION OF SIGNS;
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II.AWARDS AND RECOGNITION
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III.CONSENT AGENDA
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Page 15 of 59
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
Consent Agenda approval will authorize award of a contract for screening wall
construction to Superior Concrete in the amount of $89,163.75.
ORDINANCE NO. 13/12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS, AMENDING ARTICLE 8.01 "GENERAL
PROVISIONS" BY AMENDING SECTION 8.01.001 (b) TO PROHIBIT
CONSTRUCTION ACTIVITIES ON CERTAIN HOLIDAYS; PROVIDING
FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITYCLAUSE; PROVIDING FOR A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
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IV.MAIN AGENDA
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Page 16 of 59
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ORDINANCE NO. 13/13
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP,
AS HERETOFORE AMENDED, BY AMENDING PLANNED
DEVELOPMENT DISTRICT NO. 19 FOR THE PROPERTY DESCRIBED
AS LOTS 1-28, BLOCK E, UNIVERSITY ANNEX ADDITION TO THE
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, BEING
COMMONLY KNOWN AS 3555 GRANADA; APPROVING AN AMENDED
DETAILED SITE PLAN; PROVIDING SPECIAL CONDITIONS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
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V.PUBLIC COMMENTS
Page 17 of 59
AGENDA MEMO
(4/2/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Liz Spector, City Secretary
SUBJECT:CONSIDER AND ACT: on minutes of the March 27, 2013 Special City Council
Meeting
BACKGROUND:
Minutes of the March 27, 2013 Special City Council Meeting are included for the Council's review.
ATTACHMENTS:
March 27, 2013 City Council Mtg Min
Page 18 of 59
MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK
COUNCILCONFERENCE ROOM – CITY HALL
WEDNESDAY, MARCH 27, 2013 3:30 P.M.
Mayor Dick Davis called the Special City Council Meeting to order at 3:32 p.m. Also present
were Mayor Pro Tempore Bob Clark, Councilmember Bob Begert, Councilmember Dawn
Moore, Councilmember Tommy Stewart, City Attorney Rob Dillard and City Manager Bob
Livingston.
Staff present included City Secretary Liz Spector, Director of Public Works Bud Smallwood,
Director of Community Development Robbie Corder, Director of Finance Kent Austin,
Community Information Officer Steve Mace, and Assistant to the City Manager George Ertle.
Mayor Davis explained that the discussions would be limited to the possible realignment of the
Normandy and Preston intersection. He said much additional information was received prior to
today from the YMCA, the First Unitarian Church and several neighbors. He stated the Council
will need more time to review that information.
Mayor Davis said he hopes to finalize the PD ordinance at the April 2, 2013 meeting and he
asked the rest of the Council to verbalize their thoughts about that. Councilmember Begert said
he agreed with the Mayor. Mayor Pro Tem Clark said he understood that they will only be
discussing the potential realignment today and he also would like to take action on a proposed
PD ordinance at the April 2 meeting. Councilmembers Moore and Stewart agreed.
City Manager Livingston asked DPW Smallwood to review his memorandum that details “pros”
and “cons” of a possible realignment. He mentioned that total costs of the realignment will be
approximately $880,000 with the YMCA contributing approximately $150,000 for the traffic
signal. Mayor Davis asked if the reconstruction of the intersection could be coordinated with the
school year to limit traffic impact. Mr. Smallwood said the work will take six months or more so
it will be difficult to avoid work on the street during the school year. He also mentioned that
traffic on Preston will be affected as the road will be reduced to one lane of traffic each direction.
Mayor Pro Tem Clark asked if Mr. Smallwood had safety concerns related to moving the
intersection closer to the YMCA entrance. Mr. Smallwood said there will be no problem in his
opinion.
Councilmember Begert asked how the City could prevent traffic from “dog legging” across
Preston from Normandy if the intersection remains as it is. Mr. Livingston suggested the City
post signs indicating “left or right turn only” on both sides of Normandy at Preston.
Page 19 of 59
Councilmember Moore asked how the City could make the intersection safer for pedestrians
crossing at Normandy. Mr. Smallwood stated crosswalks will be clearly marked and placement
of the crosswalks will be carefully studied.
Councilmember Begert said most people seem to be against the realignment. Mayor Davis
stated he is in favor of the realignment. Mayor Pro Tem Clark said there is no compelling
argument to realign. Councilmember Moore reiterated her concern about the pedestrian
crossing. Mr. Smallwood offered to provide illustrations of a safe crossing. Mr. Livingston
mentioned that once the underground parking garage is constructed there will be far fewer
pedestrians crossing Preston.
Mayor Davis asked the Council to vote on whether they were in favor of realignment of the
Normandy/Preston intersection.
Councilmember Begert, Councilmember Moore, Councilmember Stewart and Mayor Pro Tem
Clark voted to NOT realign the intersection. Mayor Davis said the issue was decided by a 4/5
vote that the intersection of Normandy and Preston will not be realigned.
City Attorney Dillard said he will update the PD ordinance amendment to reflect the recent
request of the First Unitarian Church regarding their use of the YMCA garage on holidays when
the YMCA is closed.
Mr. Livingston suggested the wording in Section P(3) of the draft ordinance be modified to state
“as agreed to in the lease agreement between the YMCA and the Church.” Mr. John Bunten, a
YMCA representative said the YMCA accepts the wording change as requested by the Church.
Councilmember Begert excused himself from the meeting.
There being no further business, Mayor Davis adjourned the Council Meeting at 4:20 p.m.
Considered and approved this 16th day of April 2013.
___________________________________
W. Richard Davis, Mayor
ATTEST:
___________________________
Elizabeth Spector, City Secretary
Page 20 of 59
AGENDA MEMO
(4/2/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Harry N. Persaud, MRTPI, AICP, Chief Planning Official
SUBJECT:CONSIDER AND ACT: on an ordinance granting approval for a conceptual site
plan to amend Planned Development District PD-12, to demolish the existing
structure and redevelop a 3.72 acre tract more or less, with a new YMCA facility and
a below-grade parking garage.
BACKGROUND:
Attached is the draft ordinance as revised Friday, March 29, 2013.
ATTACHMENTS:
Ordinance amending PD-12 site plan
Page 21 of 59
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING PLANNED
DEVELOPMENT DISTRICT NO. 12, A 3.7216 ACRE TRACT OF LAND MORE
PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO, IN THE
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND
COMMONLY KNOWN AS 6000 PRESTON ROAD; APPROVING AN AMENDED
CONCEPTUAL SITE PLAN FOR PD-12 ATTACHED AS EXHIBIT B; PROVIDING
SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of University Park and the City
Council of the City of University Park, in compliance with the laws of the State of Texas with
reference to the granting of zoning classifications and changes, have given the requisite notices by
publication and otherwise, and have held due hearings and afforded a full and fair hearing to all
property owners generally and to all persons interested and situated in the affected area and in the
vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a
zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be
amended; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1. The Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, as
heretofore amended, are hereby amended by amending Planned Development District No. 12 for a 3.7216 acre
tract of land described in Exhibit “A” attached hereto and made part hereof for all purposes, in the City of University
Park, Dallas County, Texas, and commonly known as 6000 Preston Road, University Park, Texas, by adopting an
amended Conceptual Site Plan setting forth the land uses proposed for the amended PD-12, attached
hereto as Exhibit "B” and made a part hereof for all purposes, the same as if fully copied herein. That
such Conceptual Site Plan contains the data required by Section 17-101 (1) of the Comprehensive
Zoning Ordinance, and is hereby approved in all respects.
SECTION 2. Approval of the amended Conceptual Site Plan for Planned Development
District No. 12 is subject to the following special conditions:
A. Detailed Site Plan: Development of the property shall be in accordance with a Detailed
Site Plan to be submitted and approved in accordance with Section 17-101(2) and all other provisions of
the Comprehensive Zoning Ordinance of the City of University Park, as amended hereby, and, unless
otherwise defined herein, all terms used shall have the respective definitions assigned to them in the
Comprehensive Zoning Ordinance; review of the Detailed Site Plan by the Planning and Zoning
Commission and approval by the City Council is required, but an additional public hearing is not
required;
B. Permitted Land Uses: Primary and accessory uses associated with the functions
Page 22 of 59
and activities of the Park Cities YMCA (hereinafter referred to as the “YMCA”), including,
but not limited to, the following uses:
(1) Non-Activity Uses:
a. Hallways, including Lobbies;
b. Elevators;
c. Mechanical Rooms and Chases;
d. Stairways;
e. Restrooms;
f. Locker Rooms;
g. Storage; and,
h. Underground parking garage and surface parking.
(2) Activity and Office Uses:
a. Pre-K school and daycare classrooms and related support. Enrollment
for the pre-school portion shall be limited to a maximum enrollment of 60 children;
b. Gymnasium;
c. Pools;
d. Fitness and spin;
e. Multi-purpose;
f. Administration offices; and,
g. Outdoor playgrounds, playing fields and other outdoor areas located on
the north side of the site.
(3) The Detailed Site Plan shall identify the gross floor area of the Activity/Office
Uses and the Non-Activity Uses as defined in this section.
(4) No Activity or Office Uses shall be allowed in the below-grade parking garage.
C. Maximum Building Size:
(1) Above-grade structure: The maximum gross floor area of the above-grade
structure shall not exceed 58,500 gross square feet in area within the outside dimensions of the
building, of which a maximum of 44,596 gross square feet may be used for the Activity and
Office Uses listed in section B. (2) above;
(2) Parking Garage/below-grade structure: No Activity or Office Uses shall be
permitted in the parking garage/below-grade portion of the building. The only HVAC space
permitted in the below-grade portion of the building shall be elevator lobbies, elevators, shaft
areas, machine/control rooms, stairways, and storage spaces; and,
(3) Other Non-Activity Uses: In addition to the parking garage use in the below-
grade structure, other Non-Activity Uses as listed in section B. (1) above, excluding locker
rooms and restrooms and not exceeding 3,500 gross square feet, shall be permitted in the
parking garage/below-grade portion of the building.
D. Building Setbacks: All building setback lines shall be measured from the property
line and shown on the Detailed Site Plan as follows:
Page 23 of 59
(1) Minimum front yard setback along Preston Road: 45 feet;
(2) Minimum side yard setback on the north side along Shenandoah: 147 feet;
(3) Minimum side yard setback on the south side along Normandy: 49 feet;
(4) Minimum rear yard setback along Connerly: 18 feet;
(5) A screened service area for dumpsters and outdoor storage will be attached to
the southeast corner of the building. The primary building will be set back 34 feet at that
location; and,
(6) Permanent foundation structural supports in the parking garage/below-grade
structure may not extend past any property line and any temporary supports shall comply with
all City codes and policies in effect at the time of construction. Drawings prepared by a State
of Texas licensed professional engineer, providing all design calculations being employed to
resist lateral soil loads as specified in Section 1610 of the 2009 IBC, shall be submitted with
the plans for permit.
E. Building Standards:
(1) Two stories above grade, with a vehicle parking garage below grade providing
for a minimum of 284 off-street parking spaces. A parking space is defined as being a
minimum of nine feet (9’) in width and twenty feet (20’) in length. The City Council may,
upon approval of the Detailed Site Plan, authorize not more than thirty-three (33) parking
spaces of small car size, which is defined as a parking space not less than eight feet six inches
(8’6”) in width nor less than sixteen feet (16’) in length;
(2) Maximum building height of 35 feet, except that the gymnasium may be
constructed with a maximum height of 44 feet;
(3) Maximum plate line height of 31 feet;
(4) Building materials: Insulated glass with anodized aluminum frame; prefinished
wood siding; natural stone veneer; stucco veneer; and standing seam metal roof; and,
(5) The parking garage shall be located as shown on the Conceptual Site Plan.
F. Parking:
(1) An underground parking garage with a minimum of 284 parking spaces shall be
provided as described in E (1) above. Carbon monoxide or like sensor(s) will be installed and
will regulate the operation of the exhaust fans for the parking garage. Seven (7) at-grade
spaces shall be provided on Preston Road, each a minimum of 23 feet in length and 9 feet in
width;
(2) Details for the parking garage, including design of parking layout, drive aisle
width, parking space dimension, turning radii, access ramps and number of spaces, shall be
provided with the Detailed Site Plan. Driveway ramps shall comply with Article 3.12 of the
Code of Ordinances; and,
(3) No on-street parking shall be allowed abutting the YMCA property on
Shenandoah, Connerly and Normandy
G. Landscape Development Plan:
Page 24 of 59
(1) Perimeter trees shown on the Conceptual Site Plan shall be evergreen varieties,
with a minimum of 5” caliper and 9 feet in height at the time of installation;
(2) Trees along the Normandy frontage, in full view of the single family homes,
shall be installed and maintained prior to the public opening and use of the parking garage,
provided that construction personnel may use the garage when it is available;
(3) A perimeter fence will be installed around the playground with limited access
through gates located in close proximity to the drop off lane on Preston Road and at the
midpoint of the playground on Connerly Drive;
(4) A landscape development plan, will be prepared by the YMCA or its designee
and presented for review and approval by the City Council with the Detailed Site Plan; the
landscape development plan will provide details for shrubs and groundcover and include
species, caliper, height and location of all trees; and,
(5) All landscaping shall be irrigated and must be in place prior to the issuance of a
certificate of occupancy.
H. Signage: All signs on the site must be in compliance with the City of
University Park sign regulations in effect at the time of the sign permit application.
I. Dumpsters: Refuse or trash containers will be located in the Service Area and
all trash and recyclable pickups from the containers will be conducted by the City of
University Park. The specific location of dumpsters shall be shown on the Detailed Site Plan.
The final design and placement of dumpsters is subject to the approval of the Director of
Public Works.
J. Utilities: The size and location of all water and sewer taps shall be shown on
the Detailed Site Plan and shall be reviewed and approved by the Director of Public Works
prior to the issuance of a building permit.
K. External Walls: Detailed specifications, including color and texture of all
materials to be used for external cladding of the building, shall be provided with the Detailed
Site Plan.
L. Sidewalks: A continuous sidewalk is required around the perimeter of the
building. Details will be shown on the Detailed Site Plan.
M. External Lighting and Loudspeakers: Location, mounting height and
photometric details for all external light fixtures on the site shall be provided on the Detailed
Site Plan. Exterior lighting overflow/spillage shall not exceed five (5) foot candles at the mid-
point of any surrounding city street. Lighting for the playfield, whether temporary or
permanent, to support night play is prohibited. Only security lighting shall be permitted.
Permanent exterior loudspeakers are prohibited.
N. Exhaust Fans: Noise from exhaust fans installed in the parking garage may not
exceed current ambient levels of 71 dB at the property line. Noise in excess of this level shall
be attenuated to that level by the YMCA. Fans shall be programmed to shut off at the close of
Page 25 of 59
business, except as otherwise may be required by the building code.
O. Traffic Study: No more often than once every three years, at the discretion of
the City Council, and upon written notice from the City of University Park Director of
Community Development, the YMCA is required to pay the full cost for comprehensive traffic
studies. Such traffic studies shall be performed by a consultant selected by the City Council.
The YMCA shall pay the cost for any future traffic control measures or studies deemed
necessary by the City Council. The YMCA will, to the extent deemed necessary by the City
Council, cancel, rearrange or reschedule its activities during the peak traffic hours determined
by the comprehensive traffic study.
P. Hours of Operation:
(1) Maximum hours of operation of the Facility shall be as follows:
Monday through Friday 5:30 a.m. to 9:00 p.m.
Saturday 7:00 a.m. to 6:00 p.m.
Sunday 2:00 p.m. to 5:00 p.m.
(2) No games or practices officially organized by the management of the YMCA
shall be held on the outdoor field outside normal hours of operation or on Sundays. Organized
special events on the outdoor playground or playfield, including those which use the Facility,
occurring before or after normal hours of operation or on Sundays, sponsored by the YMCA,
will require prior approval by the City Council.
(3) The underground parking garage may be open to be used for parking passenger
vehicles in connection with the operations of the First Unitarian Church of Dallas (“Church”)
between the hours of 7:00 a. m. and 2:00 p. m. on Sundays, for any special programs and
services of the Church on Saturday evenings or Sunday evenings after 6:00 p. m. The Church
may also utilize the parking garage on weekdays after 6:30 p. m. for evening services and
programs, provided no access will be permitted after 9:00 p. m. and no access out of the
garage permitted after 10:30 p. m., unless the garage is being utilized for Christmas Eve
(December 24), New Year’s Eve (December 31), Good Friday or Easter Sunday. For these
hours and specific days, additional entry access will be permitted after 9:00 p. m. and access
out will be permitted no later than 12:00 a. m. Christmas Eve (December 24) access out will
be permitted no later than 2:00 a. m. These additional times and uses by the Church shall be
permitted only so long as there is a valid Parking Lease between the Church and the YMCA,
containing these terms, in effect for the parking garage.
Q. Interior Lighting: Interior lights visible from the exterior will be turned off no
later than thirty minutes after operation closing, except in the parking garage and its access
vestibules and lobby areas serving the garage elevators and areas of the building being
cleaned, provided that, with such exceptions and the exception of emergency and code-
required lighting, interior lighting will be turned off no later than 11:30 p.m. daily and lock-ins
held in spaces with blackout shades fully extended.
Page 26 of 59
R. Vehicles Parked in the Service Area: A screening wall, not to exceed twelve
feet (12’) in height, shall be provided for the Service Area. No vehicles taller than the
screening wall in the Service Area shown on Exhibit “B” will be parked in the Service Area
overnight. No structures or storage items that are taller than the screening wall will be erected
or placed in the Service Area. No overnight parking of YMCA vehicles on the property will
be allowed unless the vehicles are located in the enclosed Service Area or in the underground
parking structure.
S. Construction standard: The Detailed Site Plan shall set forth the final plans and
shall conform to the data presented and approved on the Conceptual Site Plan and supporting
documents. The facility will be constructed in compliance with the Detailed Site Plan
approved by the City Council and shall comply with all applicable City codes then in effect.
T. Service Area: The service area will be gated, and the gate will be a metal-
framed gate with an exterior face using wood similar to, or the same as, the wood on the
facility, and will have an automatic opener and closer to keep the service gate closed when the
service area is not in use.
U. Delivery during Construction: Unless written permission is granted by the
Director of Public Works, all deliveries of construction materials to the construction site will
begin no earlier than 9:00 a. m. and will end by 4:00 p. m., Monday through Saturday. All
contractor(s) will make reasonable efforts to receive deliveries through the Normandy
Avenue/Preston Road intersection entrance, understanding that this might not be possible at
varying time during construction.
V. Staging: No residential streets will be used for continuous staging of
construction work and or materials.
W. Full-Time Liaison: The YMCA shall provide a full-time liaison that has
authority to respond to questions and complaints from the nearby citizens during the
construction period. A phone number for this contact will be provided to all property owners
from the St. Andrews Neighborhood Association (“SANA”) and the West of Preston
Neighbors (“WPN”) and posted on the job site where it can be readily found by interested
parties.
X. Construction Vehicles: No parking of construction vehicles or equipment will
be permitted on City streets. Parking of construction workers’ vehicles will be located off-site
and workers will be transported to and from the construction site, provided that when the
Parking Garage is available for use, it can be used parking construction workers’ vehicles.
Parking of construction vehicles on City streets which are closed for construction must be
approved by the Director of Public Works.
Y. Construction Hours: Unless written permission is granted by the Director of
Public Works, construction work on the site is restricted to Monday through Saturday from
7:00 a.m. to 6:00 p.m., except holidays specifically prohibited by City ordinance.
Page 27 of 59
Z. Background Checks: Background checks will be performed by the contractors for
all construction workers prior to them working on the site. Information relating to background
checks will be kept on file by the contractors. A convicted felon or pedophile will be barred
from working on the site.
AA. Explosives: No explosives shall be used in the construction operations.
BB. Security and Traffic Control: The YMCA or its designee shall provide and pay
the costs for adequate security and traffic control around the site for all functions during
construction.
CC. Screening Fence: The construction site will be screened while construction is
ongoing with a temporary eight foot (8’) screening fence constructed with plywood and
painted green or other material approved by the Community Development Director.
DD. Traffic Control Plan: The YMCA or its designee will submit a construction
traffic control plan for review and approval by the Director of Public Works before
construction commences on the site and before any change in traffic flows or street closures
around the subject property.
EE. Elevator Access: An additional elevator shall be constructed on or near the
north side of the building in the general vicinity of the playing field to facilitate easy and
convenient access to the playing field from the Parking Garage and building, but shall not be
exclusively restricted to such use.
SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this
ordinance or the Comprehensive Zoning Ordinance as amended hereby are hereby repealed.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a
whole, or any part or provision thereof other than the part decided to be invalid, illegal or unconstitutional, and the
same shall not affect the validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this
ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, as
heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars
($2,000,00) for each offense, and each and every day such a violation is continued shall be deemed to constitute a separate
offense.
SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication
of the caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the ____day of
___________2013.
[SIGNATURE PAGE FOLLOWS]
Page 28 of 59
APPROVED:
W. RICHARD DAVIS, MAYOR
ATTEST:
LIZ SPECTOR, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY (RLD/11-8-12/58124)
Page 29 of 59
Exhibit “A”
Page 30 of 59
Exhibit “A”
Page 31 of 59
GARAGE ACCESS RAMP
DOWN
NORMANDY AVENUE
SHENANDOAH STREET
C
O
N
N
E
R
L
Y
D
R
I
V
E
PR
E
S
T
O
N
R
O
A
D
16
SOCCER FIELD
40YDS X 80YDS
5' SIDEWALK
PLAYGROUND
FENCE
RIGHT OUT ONLY
LEFT OUT ONLY
IN FROM EITHER DIRECTION
BUILDING
ENTRY
SCREENED
SERVICE AREA
COVERED GARAGE
EXIT & VENT
PATIO
BUILDING
ENTRY
4
3
APPROXIMATE EXTENT OF BELOW
GRADE GARAGE.
2 STORY BUILDING
MAXIMUM SF PER PD 12 ORDINANCE. MAXIMUM
HEIGHT NOT TO EXCEED PD ORDINANCE.
PROPERTY
LINE
SCREEN WALL
ADD ONE NEW DEDICATED
TURN LANE. NORMANDY
LIGHT TO BE RIGHT ONLY &
LEFT ONLY. NO STRAIGHT
THROUGH ALLOWED.
ZONE OF ALLOWABLE
BUILDING PLACEMENT
EXHIBIT B
PATIO
PATIO
TOTAL PARKING = 291 SPACES
Page 32 of 59
Job #: 10088 File Name: Elevations - East_North Date: 02.06.13 Drawn by: TLB
Park Cities YMCA
Park Cities, Texas
ELEVATIONS - Representative Facility Images and Materials
EAST
NORTH
EXHIBIT “B”
Ridge
Eave
31’ Max.
44’ Max.
Ridge
Eave
44’ Max.
31’ Max.
Standing seam metal roof
Natural stone veneer
Stucco veneer
Insul. glass w/ dark annodized alum. frames
Pre-finished wood siding
Page 33 of 59
Job #: 10088 File Name: Elevations - West_South Date: 02.06.13 Drawn by: TLB
Park Cities YMCA
Park Cities, Texas
ELEVATIONS - Representative Facility Images and Materials
WEST
SOUTH
EXHIBIT “B”
Ridge
Eave
31’ Max.
44’ Max.
Eave
Ridge
44’ Max.
31’ Max.
Standing seam metal roof
Natural stone veneer
Stucco veneer
Insul. glass w/ dark annodized alum. frames
Page 34 of 59
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING PLANNED
DEVELOPMENT DISTRICT NO. 12, A 3.7216 ACRE TRACT OF LAND MORE
PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO, IN THE CITY
OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND COMMONLY KNOWN AS
6000 PRESTON ROAD; APPROVING AN AMENDED CONCEPTUAL SITE PLAN
FOR PD-12 ATTACHED AS EXHIBIT B; PROVIDING SPECIAL CONDITIONS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
Duly passed by the City Council of the City of University Park, Texas, on the 2nd day of
April, 2013.
APPROVED:
______________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
_________________________________
ELIZABETH SPECTOR, CITY SECRETARY
Page 35 of 59
EXHIBIT A
Page 36 of 59
Page 37 of 59
Page 38 of 59
AGENDA MEMO
(4/2/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Kent R. Austin, Director of Finance
SUBJECT:CONSIDER AND ACT: on a resolution authorizing acceptance and use of SWHEA
and THEA surplus funds
BACKGROUND:
In the mid-1980s the City established two separate entities known as the Southwest Higher Education
Authority (SWHEA) and the Texas Higher Education Authority (THEA). These bodies were
authorized under the state Education Code for the purpose of providing independent colleges and
universities access to lower interest financing for facilities improvements.
In short, the City's tax-exempt borrowing ability was extended to the Authorities, who would then
issue revenue bonds and loan the proceeds to participating schools. The City incurs no liability for
anything resulting from SWHEA or THEA operations. In return for extending its advantageous
borrowing authority, the City received issuer's fees.
The City Council is responsible for appointing the Board members of each Authority. Currently the
membership of the two seven-member Boards is the same: Paula Calise, Syd Carter, Jerry Grable,
Blackie Holmes, Jim Johnston, Harry Shawver, and Wayne Tenney.
SWHEA was designed to make loans to SMU for its projects, and since the 1980s hundreds of
millions of dollars in loans have been made and repaid. THEA made loans to a series of small Texas
schools until 1996; remaining loans were repaid by 2002, and THEA has been dormant since then.
Issuer's fees from SWHEA, usually around $20,000 per bond issue, now total $279,823.95. THEA
transferred most of its surplus balance to the City to help fund the City Hall renovation several years
ago; its current surplus total is $68,130.33.
Because the monies are idle and serve no constructive purpose where they are, City staff proposed
and the individual Boards approved transfer of the total $347,954.28 to the City. The Boards
requested that the monies be used to help pay for construction finish-out of the new UP Public
Library. The Boards met March 7, 2013 to approve the transfer.
RECOMMENDATION:
Approve the resolution accepting the $347,954.28 from SWHEA and THEA and designating its use
for the UPPL construction finish-out. Draft minutes of the two board meetings are provided with this
agenda memo.
ATTACHMENTS:
Resolution accepting and authorizing SWHEA and THEA surplus funds
SWHEA Board meeting draft minutes 3/7/2013
THEA Board meeting draft minutes 3-7-2013
Page 39 of 59
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, AUTHORIZING ACCEPTANCE OF ACCUMULATED BOND
ISSUANCE FEES FROM SOUTHWEST HIGHER EDUCATION AUTHORITY AND
TEXAS HIGHER EDUCATION AUTHORITY; AUTHORIZING THE CITY
MANAGER TO TRANSFER THE AMOUNTS OF SUCH FEES TO THE UNIVERSITY
PARK PUBLIC LIBRARY FUND FOR CONSTRUCTION FINISH-OUT OR OTHER
LIBRARY PURPOSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City created the Southwest Higher Education Authority (“SWHEA”)
and the Texas Higher Education Authority (“THEA”) in accordance with the Texas Education
Code; and,
WHEREAS, SWHEA and THEA for many years have authorized the colleges and
universities of Texas to issue bonds for educational purposes; and,
WHEREAS, in connection with the issuance of such bonds, a fee for the City was
authorized and such issuer’s fees have accumulated for many years; and,
WHEREAS, the Board of Directors of SWHEA and THEA have determined that such
fees should be distributed to the City with the request that such fees be designated for the
construction finish-out of the University Park Public Library, Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That the City Council hereby approves acceptance of the accumulated
issuer’s fees from SWHEA and THEA in the amount of $347,954.28 and designates such
amount for the Library Construction Fund to pay part of the library construction finish-out
expense. The City Manager is authorized and directed to transfer the total amount of such fees
to the Library Construction Fund to pay part of the library construction finish-out expense.
SECTION 2. The City Manager shall take such other administrative steps as may be
necessary to further the objectives of this Resolution.
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 2nd day of April 2013.
APPROVED:
_______________________________
W. RICHARD DAVIS, MAYOR
Page 40 of 59
ATTEST:
________________________________________
ELIZABETH SPECTOR, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY (RLD/03-26-13; 60037)
Page 41 of 59
SWHEA Minutes 3-7-2013 Meeting 1
MEETING OF THE BOARD OF DIRECTORS
SOUTHWEST HIGHER EDUCATION AUTHORITY, INC.
THURSDAY, MARCH 7, 2013 AT 4:00 P.M.
UNIVERSITY PARK CITY HALL
UNIVERSITY PARK, TEXAS
M I N U T E S
Board members attending: City of University Park:
Calise, Paula Austin, Kent
Johnston, Jim Dillard, Rob
Grable, Jerry
Shawver, Harry Bracewell & Giuliani:
Tenney, Wayne Partain, Julie
Brooks, Ben
Absent:
Holmes, James “Blackie” Southern Methodist University:
Carter, Syd Regis, Christine
Fleisher, Martha
Ward, Paul
1. Call to order.
Mr. Grable called the meeting to order at 4:05 p.m.
2. Discussion and possible action on a resolution authorizing the issuance of Higher
Education Revenue Bonds (Southern Methodist University Project) Tax-Exempt Series
2013A and Taxable Series 2013B; providing for the sale thereof; approving the form and
substance of a Seventh Supplemental Indenture, Amendment Number 7 To Loan
Agreement, contracts of purchase, offering documents and other documents; and
authorizing and taking certain other actions with respect to the subject
.
Julie Partain explain to the Board that this resolution authorized the issuance of the SMU
Tax-Exempt Series 2013A and Taxable Series 2013B Bonds and delegated approval of
the pricing of the two series to two members of the Board. She explained that pricing of
both series of bonds would take place on March 19th. Ms. Partain also explained that the
Resolution approved the 7th amendment to the Loan Agreement with SMU and the 7th
Supplemental Indenture for the Series 2013 Bonds and authorized all documents and
actions necessary to issue the Series 2013 Bonds. Ms. Partain also discussed the
parameters under which the Bonds were to be priced and sold.
Ms. Chris Regis gave the Board a brief overview of the projects that the bonds were
being issued to finance and talked generally about SMU’s finance plan and capital
improvement projects.
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SWHEA Minutes 3-7-2013 Meeting 2
After a brief discussion of the Bonds and questions from the Board, upon motion and
second and a unanimous vote, the Board approved the Resolution.
3. Approve minutes of February 7, 2013, Board meeting.
Upon a motion and second, the minutes of the February 7, 2013 Board meeting were
approved by unanimous vote.
4. Discussion and possible action on a resolution authorizing the transfer of funds to the
City of University Park, Texas; and matters incident thereto
Kent Austin reminded the Board of the discussion at the last meeting regarding surplus
issuer fee funds that have built up over time and now total $279,824. He explained that
the Resolution on the agenda authorizes the transfer of these surplus funds to the City.
The Board expressed its desire that the surplus funds be used to fund the finish-out of the
City’s new library facility and asked that their request be made known to the City
Council. Upon motion and second, the Resolution was approved by unanimous vote.
.
5. Other business.
There was no other business.
6. Adjourn
The meeting adjourned at 4:50 p.m.
______________________________________ ___________________________________
President Date Secretary-Treasurer Date
Page 43 of 59
THEA Minutes 3-7-2013 Meeting 1
MEETING OF THE BOARD OF DIRECTORS
TEXAS HIGHER EDUCATION AUTHORITY, INC.
THURSDAY, MARCH 7, 2013 AT 4:00 P.M.
UNIVERSITY PARK CITY HALL
UNIVERSITY PARK, TEXAS
M I N U T E S
Board members attending: City of University Park:
Calise, Paula Austin, Kent
Johnston, Jim Dillard, Rob
Grable, Jerry
Shawver, Harry
Tenney, Wayne
Absent:
Holmes, James “Blackie”
Carter, Syd
1. Call to order.
Mr. Grable called the meeting to order at 4:50 p.m., immediately following conclusion of
the 4:00 p.m. Southwest Higher Education Authority Board meeting.
2. Nomination and election of certain Board officers.
.
Since the Board has not met for several years, officer elections were needed. Harry
Shawver moved that the officers be the same slate of officers as the SWHEA Board. Jim
Johnston seconded, the motion was approved 5-0 to elect the following officers:
Jerry Grable, President
Wayne, Tenney, Vice-President
Syd Carter, Secretary
3. Discussion and possible action on a resolution authorizing the transfer of funds to the
City of University Park, Texas; and matters incident thereto
Kent Austin reminded the Board of the discussion at the February 7, 2013 SWHEA
Board meeting regarding remaining THEA surplus issuer fee funds that total $68,130.33.
THEA has been dormant since approximately 2002, and the leftover fees are not required
for any purpose because there is no activity. Austin said that the Resolution on the
agenda authorizes the transfer of these surplus funds to the City. The Board expressed its
desire that the surplus funds be used to fund the finish-out of the City’s new library
Page 44 of 59
THEA Minutes 3-7-2013 Meeting 2
facility and asked that their request be made known to the City Council. Wayne Tenney
made a motion to approve the resolution transferring the funds; Jim Johnston seconded
and the Resolution was approved by unanimous vote.
.
4. Other business.
There was no other business.
5. Adjourn
The meeting adjourned at 4:55 p.m.
______________________________________ ___________________________________
President Date Secretary-Treasurer Date
Page 45 of 59
AGENDA MEMO
(4/2/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Jim Criswell, Director of Information Services
SUBJECT:CONSIDER AND ACT: on approval of a proposal from Imaginuity Interactive, Inc.
to redesign the City's website
BACKGROUND:
On April 19, 2011, the City Council approved a proposal from Imaginuity Interactive to complete
phases one and two of a comprehensive three-year capital project to enhance the City's web presence
and online branding. Phase one ported the existing website to a new server environment, and phase
two transitioned the current "look and feel" of the website from the ColdFusion development software
platform to the Microsoft ASP (Active Server Pages) .NET content management system. Now that
phase two is complete, the City's website is positioned to add new functionality, implement desired
design changes, and support new technologies as they emerge.
For the past three months, Information Services has been working with Steve Mace, the City's
Community Information Officer, and George Ertle, the Assistant to the City Manager, to identify
functional, as well as artistic ideas for the City's website. As a result, Steve created and presented a
well-organized summary of findings to Imaginuity outlining the elements of consideration for the
website. The presentation included a review of several city websites throughout the metroplex,
highlighting the impressive features, as well as those that were undesirable. As a result of this process,
Imaginuity has presented the City with a proposal and implementation plan to redesign the City's
website.
RECOMMENDATION:
To complete phase three of the website redesign capital project, Staff recommends approval of the
attached proposal from Imaginuity Interactive in the amount of $102,000. Imaginuity originally
developed the City's website as the result of a request for proposal process in 2002, and has completed
the work for phases one and two of the redesign effort.
FUNDING SOURCE:
The Capital Projects Review Committee has approved funding for 2013 of $110,000 to complete
phase three of Capital Project 13500 - City Website Enhancement/Upgrade. The proposal from
Imaginuity for $102,000 is within the budget allocated for this project.
ATTACHMENTS:
Imaginuity Website Redesign Proposal
Page 46 of 59
ImaginuitySM Interactive Statement of Work
Professional Services and Website Redesign for
University Park Texas
DATE 3/5/2013
Presented by:
Gary Hooker
Vice President Business Development
Office: 214.572.3872
Fax: 214.572.3901
gary.hooker@imaginuity.com
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03/28/2013 Page 2 University Park Statement of Work
1 Why Imaginuity
Translating Brands to the Web
Your brand is your organization’s most valuable asset and at ImaginuitySM Interactive, Inc.
(Imaginuity), there are no cookie-cutter solutions for translating that identity to the digital space.
University Park is a brand – a collection of tangible and intangible attributes, whose combined
characteristics define University Park to your City’s target audience. How that brand is delivered
to that audience online is our primary focus, and translating brands to the digital world, is what
we do better than any other creative or technology agency.
Our team is a diverse group of successful strategists, creative designers, IT innovators, and
marketing experts with world-class experience. Our team consults directly with your
stakeholders to thoroughly analyze, plan, and document each project prior to development or
implementation. This simple approach ensures that marketing and communication strategies
are executed online, while maintaining focus on real-world business goals and financial
demands.
Imaginuity has been actively creating and extending brands into the digital space since 1997.
Our goal is to provide a creative solution that will support University Park’s pursuit of
comprehensive public outreach and municipal government transparency. This proposal provides
the information necessary for University Park to define its partnership with Imaginuity, and
effectively evaluate and select our agency as your interactive advocate.
Goals and Objectives
University Park seeks a creative agency to assist in the consulting, design, and structuring of its
web presence. Imaginuity will work with University Park personnel to complete the vision, define
core website functions, integrate marketing and PR, and develop the architecture and interface
design. The current high-level objectives, as understood by Imaginuity are:
Consult with University Park personnel to determine the business goals, processes, and
communication objectives for the new website design
Design a website that will improve online branding, provide a cohesive, friendly user
experience, and facilitate media and marketing communications
Photography
o Provide a 3 day indoor & outdoor multi location Photo shoot
o Photography will be used on the new web site
Re-organize and architect the site structure and usability of the content
Create and present three new design concepts for the new web site
Illustrate new iconography that this more 3 dimensional
Reformat the existing content into the new web site look and feel
HTML Cut up and implement the new look and feel into the existing Kentico CMS
platform
Design a site that will scale and work on tables and mobile devices
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Develop a website that is scalable and may be continually updated by University Park’s
non-technical personnel
Test and launch the new website
The balance of this document is dedicated to demonstrating how Imaginuity can meet and
exceed objectives. We are an innovative company that has successfully met the needs of
companies whose sites are mission-critical, allowing their online presence to grow quickly and
successfully.
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03/28/2013 Page 4 University Park Statement of Work
2 Our Approach and Deliverables
Project Management
Imaginuity will provide comprehensive project management services to initiate, plan, execute,
manage, monitor, and coordinate the project. Your Project Manager will provide you with the
following:
A detailed Project Plan to ensure that University Park’s and our deliverables are outlined
and agreed upon
Weekly status updates to University Park to facilitate communication and proactively
address development considerations during the course of the project
University Park will attempt to ensure that project decisions are made on a timely basis so as to
preclude negative impact on the project schedule. University Park will review deliverables and
acknowledge approval within three (3) business days. If there are issues to be resolved, both
Imaginuity and University Park will attempt to resolve them within those three (3) business days.
Delays to this approval time may impact the deliverable dates and cost of the project.
Requirements Gathering
In order to determine the details of University Park’s initiative, Imaginuity will conduct
requirements gathering session(s) which will include functional specifications, client content
collection and Imaginuity content assessment phases. The requirements gathering session(s)
will help ensure that Imaginuity has a detailed understanding of University Park’s business goals
and strategic objectives, as well as determine the website’s desired functionality and how any
customized applications will interact with the site. The client will collect all current site content
and potential new content (marketing documents, videos, photos, etc.) and work with Imaginuity
to review. The content assessment by Imaginuity will analyze all current project content and
potential content, and provide recommendations on value, prioritization and usage.
Imaginuity will provide University Park with a Requirements Document describing any
custom applications, intended capabilities, and interactions with users for the various
features of the site
The Requirements Document serves as a reference point in writing code, testing, and
determining that all project specifications are met
Imaginuity will provide University Park with a Content Assessment with
recommendations for content organization, prioritization and usage for the project
Imaginuity will consult with University Park on keywords and search terms during this
phase, in order to generate content that can optimize search engine performance
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03/28/2013 Page 5 University Park Statement of Work
Information Architecture
Information architecture communicates site flow, page arrangement, and content placement.
The Information architect process enables the creation of the site map and wireframes. These
deliverables will provide a detailed guide for how the creative interface will interact with the
technical architecture of the website.
Imaginuity will collaborate with your team to review the goals of the website and the
needs of your users to ensure that the site architecture meets those objectives
The site map is a schematic representation of all of the major sections and subsections
of the site The site map is documented and approved by University Park prior to
development
ASSUMPTION: If University Park requests more than two (2) rounds of revisions to information
architecture, additional hours will be billed on a time and materials basis.
Creative Brief
The foundation from which the Imaginuity design team takes its inspiration and direction is a
thoroughly completed Creative Brief. The Creative Brief outlines University Park’s current brand
positioning, brand standards, target audience profiles, and key brand attributes in University
Park’s space.
Content Generation
The existing web site content will be used for the redesigned web site.
Creative Design and Presentation
Imaginuity will present three (3) home page concepts for the University Park web
project.
Imaginuity will create one (1) interior design for the University Park web project.
Imaginuity will allow for up to two (2) revisions of the home page and interior page
concepts.
Front End Development
After all content is approved, Imaginuity will enter content into the Content Management
System. We will implement one version of delivered content and images, as provided to us by
the due date in your Content Document Shell.
Imaginuity also will provide the production of template interfaces from visual mockups and
wireframes using HTML and CSS combined with XML, Flash, AJAX, and JavaScript. Imaginuity
will ensure that current web standards, accessibility, and Search Engine Optimization (SEO)
best practices are incorporated.
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Technical Development
Our development team utilizes a component development methodology. For projects with
complex functional requirements, Imaginuity builds the system one complete component at a
time; reviewing the product with University Park as each individual piece of functionality is
finalized for testing.
The primary advantage to this approach is that University Park is able to see the system as it
progresses, and is able to review each small component in order to ensure that what is being
built matches what was agreed upon at the outset. Additionally, each of these components is
tested completely before the development of the next component begins.
Site Management
Imaginuity will use the existing Kentico CMS for the web site redesign.
Search Engine Optimization
In order to achieve better placement within the search engine market, a website must be
optimized to adhere to current search engine requirements and algorithms. With Search Engine
Optimization (SEO), your website will be analyzed, optimized, and submitted on your behalf to
the prominent search engines. SEO services to be provided and that are included in this
proposal are:
Initial Site Analysis
Initial Keyword Research
Creation of Meta Information
Site Map Creation (Yahoo and Google)
Robots.txt File Creation
Quality Assurance and Testing
At Imaginuity, all of our products are tested to ensure the product meets rigorous quality
standards and your specific requirements.
System Testing – Our developers will test the product throughout the development cycle
to ensure functionality
User Acceptance Testing – User Acceptance Testing (UAT) verifies requirements are
met by conducting a walk-through of the site with the project sponsor. Upon completion
of UAT, the client will approve the site and sign off on the Project Acceptance Form
Browser Support
This solution will be built to function on the most recent version of internet browsers:
Internet Explorer versions 9 and above
Firefox
Safari
Chrome
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Training
In order for the CMS solution to be a success, Imaginuity will need to train University Park on
the core CMS modules to ensure the site can be updated and managed over time. In addition to
holding a training session on site at your facility, Imaginuity will provide general, written
documentation to serve as reference material for your internal teams after the initial training
effort has been completed. Customized training documentation unique to your solution can be
developed and provided for an additional fee, if desired by University Park.
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3 Timeline and Payment
Timeline
Throughout the project, Imaginuity will work with University Park to re-examine the project
schedule, make any necessary adjustments, and deliver a project plan that outlines tasks and
milestones. This document addresses a project that will require a great deal of coordination
between both Imaginuity and University Park. To that end, University Park will want to appoint
someone as the project sponsor and contact for this project. This person will have to collect
information, give and get authorizations, coordinate meetings, and find answers to questions
that will necessarily arise in a project of this scope.
Schedule Due Date
Project Kickoff
Project Planning
10 business days after signature
Requirements Gathering
Content Assessment
Sitemap
Wireframes
30 business days after kickoff
Creative Conception
Creative Design
Content Development and Writing
Creative Production
Technical Design
60 business days after kickoff
Front End Development
Technical Development
Quality Assurance and Testing
Deployment
Training and Project Closure
90 business days after kickoff
In the event that University Park chooses to host with a third party instead of Imaginuity, you,
University Park, understands that the project timeline and cost may be affected. All additional
time incurred by Imaginuity staff to coordinate and manage the third-party hosting company will
be billed to you at the current hourly rate of $165, and the project timeline will be reevaluated
accordingly.
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Payment Terms
In consideration for the services to be performed under this statement of work, University Park
will pay Imaginuity on a time and materials basis $102,000. Payments are due on the date
noted on the invoice. Payment schedule does not include sales tax and reasonable travel and
business expenses, which may be applicable during various deliverable stages.
All payments are due prior to site launch and due in accordance with the schedule outlined
below. Should payment be delinquent beyond 10 calendar days, the following guideline applies:
the client agrees to pay a 1% penalty per month until the invoice is paid and work shall cease on
said project.
Payment Schedule Due Date
$40,800 Due upon Signature
$20,400 Due at Wire Frame Presentation
$20,400 Due at Creative Presentation
$20,400 Due at Client Acceptance
Non-Disclosure and Confidentiality
The material contained in this proposal represents proprietary, confidential information
pertaining to our services and methods. By accepting this proposal, University Park hereby
agrees that the information in this statement of work shall not be disclosed outside of University
Park, and shall not be duplicated, used, or disclosed for any purpose other than to evaluate this
statement of work. If, however, a contract is awarded to Imaginuity for this statement of work as
a result of, or in conjunction with the submission of this information, University Park will have the
right to duplicate, use, or disclose the material contained herein to the extent provided for in the
resulting contract.
Expiration
This statement of work must be authorized within 30 days from the date of issue. If this
statement of work is not authorized within 30 days of issuance, it is deemed to have expired.
Any statement of work authorized after 30 days of issuance will be deemed null and void. A new
statement of work and estimate may be required which can be obtained from the primary
presenter listed on the title page of this statement of work.
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4 Assumptions
The following section outlines the assumptions underlying this proposal. Clarification and
acknowledgment of these assumptions is important to shaping this engagement. They must be
confirmed and accepted by all parties, and adaptation to them could potentially alter the
project’s estimated approach, staffing level, cost and timeline. These assumptions are
considered very carefully in estimating the project scope.
It is assumed that University Park agrees to the project’s estimated timeline, and that the Project
Manager will present the final timeline to you for approval. The success of this project is based
upon Imaginuity and University Park meeting delivery dates. As all Imaginuity resources are
available during a predetermined window, not meeting these dates impacts our ability to deliver
the project on time.
University Park understands that Imaginuity is dependent upon the University Park for feedback,
information, and approvals. If University Park and/or any its related vendors continually delay
the project or withhold, either intentionally or unintentionally, any of the information, data,
assets, or approvals necessary for the progression and/or completion of the project, Imaginuity
reserves the right to move the project out of the production queue. Upon the projects removal
from the queue, all payments are due to Imaginuity in accordance with the original timeline.
University Park understands that impeding the progress of a project, either deliberately or by a
lack of responsiveness, prevents Imaginuity from planning resources for other projects, and
accepts that additional charges of up to 25% of the original project cost may be charged in order
to ramp up a delayed project for restart. Once University Park is prepared to move forward, a
revised timeline will be submitted. Because resources are available on a limited basis,
University Park also understands that once deliverables are approved, any further changes to
that deliverable will require a Change Order as well as additional fees and time.
This proposal of services is based on existing information. University Park understands that
Imaginuity cannot possibly predict all project needs prior to engagement. If the estimate in this
proposal is inadequate, Imaginuity will issue a work order to cover all additional hours. This
proposal does not cover the cost of: additional custom application development, stock
photography, copywriting, copyediting, focus groups, other programming needs, SSL
certificates, e-commerce charges, domain name registrations, software licenses, CMS licenses,
bank transactions, etc. or additional hours incurred by Imaginuity.
Methodology
University Park agrees to use the Imaginuity project management approach for this
engagement. By accepting this approach, University Park accepts responsibility for the
requirements needed to utilize this approach. University Park will promote the use of the
approach and will provide necessary internal support for the duration of the project.
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Management
University Park will provide a single project sponsor who will work with the Imaginuity Project
Manager to ensure information is provided in a timely and accurate manner. If University Park
fails to provide return communication to Imaginuity, for a period of 14 days or more at any time
during the engagement, the project is deemed complete and all invoices will be due
immediately. If for any reason the project sponsor changes during the course of any project,
University Park understands that additional hours and charges may be necessary to ramp up
the new sponsor on project activity.
Change Management
Our current understanding of the scope of work has been defined by this SOW. Any changes to
the scope of this project will require University Park to complete a Change Order.
The alteration of the scope of a project can cause changes in the project plan, delivery
schedule, and costs. Due to the issues involved with such changes, it is an industry standard,
that University Park completes a written Change Order. In turn, this will require us to inform
University Park of added costs or delays, and will require University Park to authorize them in
writing. Please be aware that it is important for University Park to process change orders in a
timely manner so as not to delay or endanger the project timeline. We will make this process as
simple as possible using e-mails, FAX, or overnight mail so as not to delay the project any more
than necessary.
Imaginuity reserves the right to charge University Park for the time and expense required if you
repeatedly request, but do not approve Change Orders.
University Park and Imaginuity will agree to a project plan at the beginning of the engagement
and then employ a strict change management discipline. The change management process is to
seek agreement with University Park for any required changes in the scope of the project
related to tasks, deliverables, resources, software modifications, etc. The process clearly
identifies the costs and project impact arising from the proposed changes. Execution of a
Change of Scope Request between Imaginuity and University Park will be required to initiate
any changes to the original scope of the project and allow work to commence.
For purposes of this engagement both University Park and Imaginuity agree that a
Change of Scope Request for $8,000 or less can be executed via email. University Park
can approve additional hours via email and those hours will be billed to University Park at the
end of each month.
Additional Obligations of Customer
University Park will provide a project sponsor who will work with the Imaginuity Project Manager
to ensure that information is provided in a timely and accurate manner.
University Park will ensure Imaginuity of reasonable access to the appropriate personnel, both
functional and technical.
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03/28/2013 Page 12 University Park Statement of Work
University Park will provide access to personnel that can be utilized by Imaginuity in obtaining
information regarding the business processes and practices. This person (people) must have
knowledge of the University Park process.
University Park will attempt to ensure that project decisions are made on a timely basis so as to
preclude negative impact on the project schedule. University Park will review deliverables and
acknowledge approval within three (3) business days. If there are issues to be resolved, both
Imaginuity and University Park will attempt to resolve them within those three (3) days.
University Park will ensure that all personnel assigned to the project have sufficient expertise to
undertake the identified tasks.
University Park will immediately notify the Imaginuity Project Manager of any concerns or noted
deficiencies of work performed by Imaginuity personnel to facilitate correction or adjustment to
the work.
If University Park requests a change in Imaginuity staff and the reasons for change are not
related to work performance, University Park shall absorb all transition costs related to making
the change.
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5 Acceptance of the Statement of Work
IN WITNESS WHEREOF, the parties hereto, each acting under due and proper authority, have
executed this Statement of Work as of the date signed below, (the “Effective Date”). The
University Park authorizes Imaginuity Interactive, Inc. to proceed with the development of the
services and products described in this Statement of Work.
ImaginuitySM Interactive Authorized Signature University Park Authorized Signature
Printed Name Printed Name
Title Title
Date Date
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