HomeMy WebLinkAbout2013.04.16 City Council AgendaCITY OF UNIVERSITY PARK
REGULAR CITY COUNCIL MEETING
LOCATION: CITY HALL COUNCIL CHAMBER
AGENDA #2859
APRIL 16, 2013
CALL TO ORDER: 5:00 P.M.
4:00 - 5:00 P.M.WORK SESSION FOR AGENDA REVIEW: The City Council will convene into
open work session to receive agenda item briefings from staff. No action will be
taken. 2nd Floor Conference Room, 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: Director of Community Development Robbie Corder
B .PLEDGE OF ALLEGIANCE: Director of Community Development Corder / Boy
Scouts
C .INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D .INTRODUCTION OF STAFF: City Manager Bob Livingston
II . CONSENT AGENDA
A.CONSIDER AND ACT: on YMCA Request to Conduct 5th Annual Kids Triathlon
B.CONSIDER AND ACT: on a resolution authorizing the City Manager to execute a
contract for the purchase of Lifepac 15 cardiac monitor/defibrillators and related
equipment; making findings exempting such contract from the requirements of
competitive bidding as authorized by Section 252.022 of the Local Government Code.
C.CONSIDER AND ACT: to authorize the purchase of 4 Physio-Control Lifepac 15
Cardiac Monitor/Defibrillators for $166,402.60
D.CONSIDER AND ACT: on a Master Interlocal Agreement with Dallas County for the
Maintenance of Roads and Bridges
E.CONSIDER AND ACT: on a Mutual Aid Agreement with the North Central Texas
Council of Governments(NCTCOG)
F.CONSIDER AND ACT: on an amendment to the University Park Public Library
Meeting Room Policy
G.CONSIDER AND ACT: on minutes of the April 2, 2013 City Council Meeting
III . MAIN AGENDA
A.PUBLIC HEARING: on a request by Crescent Estates Custom Homes to amend the
detailed site plan for Planned Development District PD-39 to provide for nine (9) zero
lot line dwelling units on a tract of 1.38 acres, being lots 1-7, Block C, Potomac Park,
Second Installment, an Addition in the City of University Park.
Page 1 of 79
B.CONSIDER AND ACT: on an ordinance approving an amended detailed site plan
for Planned Development District PD-39 to provide for nine (9) zero lot line dwelling
units on a tract of 1.38 acres, being lots 1-7, Block C, Potomac Park, Second
Installment, an Addition in the City of University Park.
C.CONSIDER AND ACT: on a resolution establishing the Civic Foundation Scholarship
Advisory Committee and appointing initial members
IV. 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 79
AGENDA MEMO
(4/16/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Gary W. Adams, Chief of Police
SUBJECT:CONSIDER AND ACT: on YMCA Request to Conduct 5th Annual Kids Triathlon
BACKGROUND:
The YMCA has requested permission to use city streets in and around the neighborhood surrounding
the YMCA to conduct the "5th Annual Kids Fitness Challenge/Triathlon" on Sunday, June 30, 2013,
from 7:00 a.m. to 9:00 a.m. The triathlon will be for children ages 7 to 14 and is managed by PlayTri
Race Services, a professional organization that conducts sanctioned races. The race will begin with
the swimming portion of the triathlon at the YMCA, which will be followed by a bicycle race and
subsequent foot race through the neighborhood along a route approved by the police department.
The YMCA plans to advertise this event in advance by distributing flyers to all homeowners along the
route of the race advising them of the event. In addition, all neighbors along the route will be notified
by letter one week prior to race date. The group requests barricades be set up at the corner of
Normandy/St. Andrews and Connerly and they request permission to paint arrows, with dissolvable
contractors' paint, on the street route.
Police assistance will be provided within reason of the department’s available manpower. Race
planners also intend to have a private ambulance stationed at the YMCA should one be needed.
RECOMMENDATION:
Staff recommends that the Council approve the YMCA’s request to use city streets for this event with
the following conditions:
* that only tape be used on the street to make the arrows for the race route
* that the YMCA or Play Tri Race Services agree to hire at least two off-duty police
officers to assist with traffic for the event and specifically at the University Blvd
crossing
Since the time of the triathlon will be very early on a Sunday morning, there should be no negative
effect on manpower or traffic.
ATTACHMENTS:
PC YMCA Race Request Letter
YMCA Triathlon Map
Page 3 of 79
Re: Kids Fitness Challenge/Triathlon April 8, 2013
Dear Chief Adams:
The Park Cities YMCA is requesting permission to sponsor a Kid Fitness Challenge/Triathlon on
Sunday, June the 30th, 2013. This triathlon has been a tradition in the Park Cities area since
2008 and promotes healthy choices and challenges for youths in our area. The purpose of this
race is to bring awareness, in a safe and fun way, to the importance of kids developing healthy
lifestyles at an early age.
This event, for kids aged 7 to 14, would be managed by PlayTri Race Services, a professional
organization that conducts sanctioned races. The YMCA will advertise the event well in
advance. We will distribute flyers to all homeowners along the route advising them of street
closure times.
The bicycle race and subsequent run will start and end at the Y, beginning at 7:00 a.m. and
lasting approximately one hour. We are planning on using the same 3-mile course that was
formulated and approved by the city council in past years and are hoping that this course will
still meet your requirements and standards set forth.
YMCA staff and volunteers will be posted all along the route for added safety precaution as well
as EMT’s, and police support as required by the City Council in previous triathlons. In addition
to center lane cones on the course, and barricading the corner of Normandy St. /Andrews and
Connerly we request the permission to paint arrows (using dissolvable contractors’ paint) to
further mark the course for the participants’ safety. Any permits and requirements from the
city council will be met through PlayTri Race Services as the YMCA will honor and respect all
requirements set forth by the City Council.
As a key leader in our community, the Park Cities YMCA asks for City approval to host this
annual event to partner with us in our endeavor in nurturing youth development, energizing
healthy living and inspiring social responsibility.
Respectfully submitted,
In Health and Wellness,
Dinah R. Burgess
Wellness Director
Park Cities YMCA
6000 Preston Rd.
Dallas, TX 75205
214-526-7293
dburgess@ymcadallas.org
Page 4 of 79
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Page 5 of 79
AGENDA MEMO
(4/16/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Randy Howell, Fire Chief
SUBJECT:CONSIDER AND ACT: on a resolution authorizing the City Manager to execute a
contract for the purchase of Lifepac 15 cardiac monitor/defibrillators and related
equipment; making findings exempting such contract from the requirements of
competitive bidding as authorized by Section 252.022 of the Local Government Code.
BACKGROUND:
This purchase will allow staff to replace current Lifepac 12 monitor/defibrillators with the state of the
art Lifepac 15 model. This will ensure that paramedics have access to the highest quality medical
equipment when providing patient care.
Council is requested to allow this purchase to be exempt from the competetive bidding requirements
that typically apply to qualifying purchases made by the City. Doing so will ensure compatibility with
existing/current AED units and facilitate coordination of maintenance and purchase of replacement
parts.
RECOMMENDATION:
Staff reccomends approval of this resolution.
FUNDING SOURCE:
Budget Amendment
ATTACHMENTS:
Resolution Allowing Lifepac 15 Purchase
Page 6 of 79
60034
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 PURCHASE OF LIFEPAK 15
DEFIBRILLATORS AND RELATED EQUIPMENT; MAKING FINDINGS
EXEMPTING SUCH CONTRACT FROM THE REQUIREMENTS OF
COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Fire Chief has determined that the LifePak 15 defibrillator system for
the fire department is a needed and necessary procurement to preserve and protect the public
health of the City’s residents, by replacing units due to age and lack of up-to-date capabilities;
and
WHEREAS, it is necessary to acquire a system that is compatible with other City life
saving devices such as LifePak defibrillators and AED’s currently in use to insure consistency,
compatibility and efficiency of installation, coordination and maintenance, including uniformity
of repairs and replacement parts; and
WHEREAS, to insure 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 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 LifePak 15 system and the
related equipment, a component of an existing system, from the only supplier for such system
and its replacement and repair parts, and 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 Physio-Control, Inc. for approximately $166,402.60, in accordance with the Proposal
attached hereto as Exhibit “A” and made part hereof for all purposes.
Page 7 of 79
60034
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 16th
day of April 2013.
APPROVED:
__________________________________
W. RICHARD DAVIS, MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ _______________________________________
CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY
(RLD/03-26-13/60034)
Page 8 of 79
AGENDA MEMO
(4/16/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Randy Howell, Fire Chief
SUBJECT:CONSIDER AND ACT: to authorize the purchase of 4 Physio-Control Lifepac 15
Cardiac Monitor/Defibrillators for $166,402.60
BACKGROUND:
The cardiac monitor/defibrillator is an essential tool paramedics use to provide life saving
intervention and patient care. The fire department currently has 4 of the Lifepak (LP) 12 units in
service carried on all front line apparatus.
Current units being utilized by UPFD paramedics are in need of replacement. Justification for
replacing existing units include: 1) age. These units range from 4 to 12 years in service. The
American Hospital Association’s (AHA) 2004, "Estimated useful lives of depreciable hospital assets,"
list the life expectancy of a defibrillator at five years. Based on the AHA’s assertion, three of our four
units are significantly outdated and our remaining unit is fast approaching its end-of-service date; 2)
availability of service and parts. As technology advances older units become more difficult to
maintain, and, 3) availability of advanced technology. LP 15s offer features not available on older
units. Some of these features and diagnostic capabilities include:
¡Non-invasive respiratory gas monitoring: Carbon monoxide (CO) toxicity is the most
frequently reported form of poisoning in the United States each year. CO poisoning
claims the lives of 3,800 Americans each year and is a grave threat to firefighters and
the public. The LP 15 is capable of continuously monitoring for increased levels of
Carbon Monoxide and increased levels of Met hemoglobin thereby providing greater
diagnostic monitoring capabilities quickly and non-invasively.
¡CPR Metronome: Integrated metronome allows paramedics to give appropriately
timed CPR and ventilations.
¡Capnography: The LP 15 can now adjust the waveform scale to improve waveform
visibility for low values of CO2 (0-20 mmHg) that can be difficult to view on the
previous 1-50 mmHg scale. This is critical with cardiac patients.
¡SunVue screen: A one button touch can change the LP 15’s full color screen to a
backlit screen for viewing in direct sunlight, thereby decreasing errors due to
environmental interference. The SunVue screen accurately displays waveforms and
numeric values in bright sunlight.
¡Platform: The LP 15 was created as a platform to ensure all upgrade features could be
added with ease in the future. The LP 15 offers a much faster processor (10 times that
of the LP 12) and increased memory (16 times that of the LP 12) for addition of new
parameters and updates not yet released. This will insure longevity in our purchase.
Page 9 of 79
Price quoted includes an adjustment made for trade-in of existing LP 12 units.
RECOMMENDATION:
Staff reccomends approval for purchase.
FUNDING SOURCE:
Budget amendment.
ATTACHMENTS:
Price Quote for Purchase of 4 LP15 Cardiac Monitor/Defibrillators
Page 10 of 79
Line Catalog # / Description Qty Price Unit Disc Unit Price Ext TotalTrade-In
Quote#:
Rev#:
1-231589289
3
Quote Date:
Sales Consultant:Elizabeth Roberts
FOB:
Terms:
Redmond, WA
ROC
02/20/2013
Exp Date:Contract:
800-442-1142 x 72438
Physio-Control, Inc.
11811 Willows Road NE
P.O. Box 97023
Redmond, WA 98073-9723 U.S.A
www.physio-control.com
tel 800.442.1142
fax 800.732.0956
To:George Jones
University Park Fire Department
3800 University Blvd
DALLAS, TX 75205
Phone: (214) 987-5386
gjones@uptexas.org
05/21/2013
All quotes subject to credit approval and
the following terms & conditions
1 99577-001257 - LP15 MONITOR/DEFIB, CPR,
Pace, to 360j, SPO2/CO/MetHb, 12L GL, NIBP,
CO2, Trend, BT
4
THE LIFEPAK 15 IS AN ADAPTIV BIPHASIC FULLY
ESCALATING (TO 360 JOULES) MULTI-PARAMETER
MONITOR/DEFIBRILLATOR . 2 PAIR QUIK-COMBO
ELECTRODES PER UNIT - 11996-000091, TEST LOAD
- 21330-001365, IN-SERVICE DVD - 21330-001486 (one
per order) , SERVICE MANUAL CD- 21300-008084 (one
per order) and SHIP KIT (RC Cable) 41577-000126
INCLUDED. HARD PADDLES, BATTERIES AND
CARRYING CASE NOT INCLUDED.
$7,319.00$36,595.00 $29,276.00 $117,104.00$0.00
2 11577-000004 - STATION BATTERY
CHARGER
4
AC OPERATION FOR STATIONARY APPLICATIONS,
FOR USE WITH THE LI-ION 5.7 AMP BATTERY.
INCLUDES AC POWER CORD, MOUNTING BRACKET
AND OPERATING INSTRUCTIONS
$326.60$1,633.00 $1,306.40 $5,225.60$0.00
3 21330-001176 - LI-ION BATTERY 5.7 AMP
HOUR CAPACITY
16
RECHARGEABLE LITHIUM-ION, WITH FUEL GAUGE
$82.40$412.00 $329.60 $5,273.60$0.00
4 11111-000018 - CABLE, 4 WIRE LIMB LEAD -
5FT AHA, 12 LEAD ECG
5
CABLE, 4 WIRE LIMB LEAD - 5FT AHA, 12 LEAD ECG
$64.00$320.00 $256.00 $1,280.00$0.00
5 11111-000022 - CABLE, 6 WIRE PRECORDIAL
- AHA, 12 LEAD ECG
5
CABLE, 6 WIRE PRECORDIAL - AHA, 12 LEAD ECG
$25.60$128.00 $102.40 $512.00$0.00
6 11996-000323 - MASIMO SET RED LNCS
PATIENT CABLE - 4 FEET
8
RED LNC-04,PATIENT CABLE,4FT,REF 2055
$39.20$196.00 $156.80 $1,254.40$0.00
7 11171-000032 - RAINBOW DCI-DC8,ADULT
REUSE SENSOR,8FT,REF 2407
8
RAINBOW DCI-DC8,ADULT REUSE SENSOR,8FT,REF
2407
$168.80$844.00 $675.20 $5,401.60$0.00
8 11171-000033 - RAINBOW DCIP-DC8,PED
REUSE SENSOR,8FT,REF 2640
8
RAINBOW DCIP-DC8,PED REUSE SENSOR,8FT,REF
2640
$168.80$844.00 $675.20 $5,401.60$0.00
1Page 11 of 79
Quote Products (continued)
AC:Line Catalog # / Description Qty Price Unit Disc Unit Price Ext TotalTrade-In
Quote#:
Rev#:
1-231589289
3
Quote Date:02/20/2013
9 11160-000001 - NIBP CUFF-
REUSEABLE,INFANT
8 $4.00$20.00 $16.00 $128.00$0.00
10 11160-000003 - NIBP CUFF-
REUSEABLE,CHILD
8 $4.60$23.00 $18.40 $147.20$0.00
11 11160-000007 - NIBP CUFF-
REUSEABLE,LARGE ADULT
8 $6.20$31.00 $24.80 $198.40$0.00
12 11160-000009 - NIBP CUFF- REUSEABLE,X-
LARGE ADULT
8 $9.20$46.00 $36.80 $294.40$0.00
13 21300-007300 - NIBP TUBING - COILED, 2-9
FEET
4
FOR USE WITH LIFEPAK 15
MONITOR/DEFIBRILLATOR
$10.40$52.00 $41.60 $166.40$0.00
14 11577-000002 - LIFEPAK 15 Basic Carry Case
w/ right & left pouches
4
Includes shoulder strap 11577-000001
$55.20$276.00 $220.80 $883.20$0.00
15 11220-000028 - Top Pouch 4
Storage for sensors and electrodes. Insert in place of
standard paddles.
$9.80$49.00 $39.20 $156.80$0.00
16 11260-000039 - LP15 Rear Pouch for carrying
case
4 $14.20$71.00 $56.80 $227.20$0.00
17 99428-000294 - LIFENET CONNECT - CODE-
STAT
1
LIFENET CONNECT - CODE-STAT
$25.80$129.00 $103.20 $103.20$0.00
18 21340-000806 - EMS DATA REVIEW SW 1 $450.00$2,250.00 $1,800.00 $1,800.00$0.00
19 MC999-001005-5 - POS - 5 YEAR . On-site
repair and one inspection per year. Price per
unit.
4
Contracts with 4 and 5 year terms must be paid in full up
front.
$0.00$5,165.00 $5,165.00 $20,660.00$0.00
20 50999-000117 - ZONE TRAVEL CHARGE:
ZONE 1
5 $0.00$0.00 $0.00 $0.00$0.00
GRAND TOTAL $166,402.60
ESTIMATED TAX
ESTIMATED SHIPPING & HANDLING
$0.00
$185.00
SUB TOTAL $166,217.60
Pricing Summary Totals
List Price:$202,607.00
Cash Discounts:- $36,389.40
Tax + S&H:+ $185.00
$166,402.60GRAND TOTAL FOR THIS QUOTE
2Page 12 of 79
Notes:
Ref. Code: MH/00109601/1-3TVRFB
PHYSIO-CONTROL, INC. REQUIRES WRITTEN
VERIFICATION OF THIS ORDER.A PURCHASE ORDER IS
REQUIRED ON ALL ORDERS $10,000 OR GREATER BEFORE
APPLICABLE FREIGHT AND TAXES.THE UNDERSIGNED IS
AUTHORIZED TO ACCEPT THIS ORDER IN ACCORDANCE
WITH THE TERMS AND PRICES DENOTED HEREIN. SIGN TO
THE RIGHT:
____________________________________________________
CUSTOMER APPROVAL (AUTHORIZED SIGNATURE)
____________________________________________________
NAME
____________________________________________________
TITLE
____________________________________________________
DATE
TO PLACE AN ORDER, PLEASE FAX A COPY OF THE QUOTE AND PURCHASE ORDER TO:
# 800-732-0956, ATTN: REP SUPPORT
Taxes, shipping and handling fees are estimates only and are subject to change at the time of order. Shipping and handling applies to ground
transport only. Physio-Control will assess a $10 handling fee on any order less than $200.00.
Above pricing valid only if all items in quote are purchased (optional items not required).
To receive a trade-in credit, Buyer agrees to return the trade-in device(s) within 30 days of receipt of the replacement device(s) to Physio-
Control’s place of business or to an authorized Physio-Control representative. Physio-Control will provide instructions for returning the
device(s) and will pay for the associated shipping cost.
In the event that trade-in device(s) are not received by Physio-Control within the 30-day window, Buyer acknowledges that this quote shall
constitute a purchase order and agrees to be invoiced for the amount of the trade-in discount. Invoice shall be payable upon receipt.
Items listed above at no change are included as part of a package discount that involves the purchase of a bundle of items. Buyer is solely
responsible for appropriately allocating the discount extended on the bundle when fulfilling any reporting obligations it might have.
If Buyer is ordering service, Buyer affirms reading and accepts the terms of the Physio-Control, Inc. Technical Service Support Agreement
which is available from your sales representative or http://www.physio-control.com/uploadedFiles/products/service-
plans/TechnicalServiceAgreement.pdf
3Page 13 of 79
Physio-Control, Inc.'s acceptance of the Buyer's order is expressly conditioned on product availability and the Buyer's assent to the terms
set forth in this document and its attachments. Physio-Control, Inc. agrees to furnish the goods and services ordered by the Buyer only on
these terms, and the Buyer's acceptance of any portion of the goods and services covered by this document shall confirm their acceptance
by the Buyer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms
on the Buyer's purchase order or on other documents submitted to Physio-Control, Inc. by the Buyer. These terms may only be revised or
amended by a written agreement signed by an authorized representative of both parties.
TERMS OF SALE
General Terms
Pricing
Unless otherwise indicated in this document, prices of goods and services covered by this document shall be Physio-Control, Inc. standard
prices in effect at the time of delivery. Prices do not include freight insurance, freight forwarding fees, taxes, duties, import or export permit
fees, or any other similar charge of any kind applicable to the goods and services covered by this document. Sales or use taxes on
domestic (USA) deliveries will be invoiced in addition to the price of the goods and services covered by this document unless Physio-
Control, Inc. receives a copy of a valid an exemption certificate prior to delivery. Please forward your tax exemption certificate to the Physio-
Control, Inc. Tax Department P.O. Box 97006, Redmond, Washington 98073-9706.
Unless otherwise indicated in this document or otherwise confirmed by Physio-Control, Inc. in writing, payment for goods and services
supplied by Physio-Control, Inc. shall be subject to the following terms:
• Domestic (USA) Sales - Upon approval of credit by Physio-Control, Inc., 100% of invoice due thirty (30) days after invoice date.
• International Sales - Sight draft or acceptable (confirmed) irrevocable letter of credit.
Physio-Control, Inc. may change the terms of payment at any time prior to delivery by providing written notice to the Buyer.
Payment
Delivery
Unless otherwise indicated in this document, delivery shall be FOB Physio-Control, Inc. point of shipment and title and risk of loss shall pass
to the Buyer at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with
the payment terms. In the absence of shipping instructions from the Buyer, Physio-Control, Inc. will obtain transportation on the Buyer’s
behalf and for the Buyer's account.
Delays
Delivery dates are approximate. Physio-Control, Inc. will not be liable for any loss or damage of any kind due to delays in delivery or non-
delivery resulting from any cause beyond its reasonable control, including but not limited to, acts of God, labor disputes, the requirements of
any governmental authority, war, civil unrest, terrorist acts, delays in manufacture, obtaining any required license or permit, and Physio-
Control, Inc. inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio-Control, Inc. and the
Buyer's agreement and the delivery dates shall be extended for the length of such delay.
Patent & Indemnity
Upon receipt of prompt notice from the Buyer and with the Buyer’s authority and assistance, Physio-Control, Inc. agrees to defend,
indemnify and hold the Buyer harmless against any claim that the Physio-Control, Inc. products covered by this document directly infringe
any United States of America patent.
Inspections and Returns
Claims by the Buyer for damage to or shortages of goods delivered shall be made within thirty (30) days after shipment by providing Physio-
Control, Inc. with written notice of any deficiency. Payment is not contingent upon immediate correction of any deficiencies and Physio-
Control, Inc. prior approval is required before the return of any goods to Physio-Control, Inc. Physio-Control, Inc. reserves the right to charge
a 15% restocking fee for returns. The Physio-Control Returned Product Policy is located at
http://www.physio-control.com/uploadedFiles/support/ReturnPolicy_3308529_A.pdf.
Warranty
Physio-Control, Inc. warrants its products in accordance with the terms of the standard Physio-Control, Inc. product warranty applicable to
the product to be supplied. Physio-Control, Inc. warrants services and replacement parts provided in performing such services against
defects in accordance with the terms of the Physio-Control, Inc. service warranty set forth in the Technical Service Support Agreement. The
remedies provided under such warranties shall be the Buyer’s sole and exclusive remedies. Physio-Control, Inc. makes no other warranties,
express or implied, Including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND IN NO EVENT SHALL PHYSIO-CONTROL, INC. BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER
DAMAGES.
Miscellaneous
a) The Buyer agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the laws of
the United States of America. b) Through the purchase of Physio-Control, Inc. products, the Buyer does not acquire any interest in any
tooling, drawings, design information, computer programming, patents or copyrighted or confidential information related to said products,
and the Buyer expressly agrees not to reverse engineer or decompile such products or related software and information. c) The rights and
obligations of Physio-Control, Inc. and the Buyer related to the purchase and sale of products and services described in this document shall
be governed by the laws of the State of Washington, United States of America. All costs and expenses incurred by the prevailing party
related to enforcement of its rights under this document, including reasonable attorneys fees, shall be reimbursed by the other party.
Service Terms
All device service will be governed by the Physio-Control, Inc. Technical Services Support Agreement which is available from your sales
representative or http://www.physio-control.com/uploadedFiles/products/service-plans/TechnicalServiceAgreement.pdf. All devices that are
not under Physio-Control Limited Warranty or a current Technical Service Support Agreement must be inspected and repaired (if necessary)
to meet original specifications at then-current list prices prior to being covered under a Technical Service Support Agreement. If Buyer is
ordering service, Buyer affirms reading and accepts the terms of the Technical Service Support Agreement.
4Page 14 of 79
AGENDA MEMO
(4/16/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.
SUBJECT:CONSIDER AND ACT: on a Master Interlocal Agreement with Dallas County for the
Maintenance of Roads and Bridges
BACKGROUND:
Dallas County has recently undertaken efforts to standardize documentation of road and bridge
maintenance agreements between the County and municipaltities. The five-year agreement before
you establishes basic responsibilities, obligations, and expectations to be included in any future joint
maintenance agreements.
RECOMMENDATION:
Staff recommends approval of the Master Interlocal Agreement with Dallas County and requests
Mayor Davis sign the Agreement.
FUNDING SOURCE:
There are no costs associated with this Agreement.
ATTACHMENTS:
Dallas County Master Interlocal Agreement
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Page 24 of 79
AGENDA MEMO
(4/16/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Gene R. Smallwood, P.E.
SUBJECT:CONSIDER AND ACT: on a Mutual Aid Agreement with the North Central Texas
Council of Governments(NCTCOG)
BACKGROUND:
The North Central Texas Council of Governments (NCTCOG), in an effort to coordinate a collective
group of entities and municipalities that may be called on to assist one another in times of an
emergency, has submitted the attached Mutual Aid Agreement for the City's review and
consideration.
Additionally, the NCTCOG is establishing emergency management planning and operating
procedures that can be utilized by participating entities. Upon approval of this Mutual Aid
Agreement, the City agrees, but is not bound, to assist area agencies in the event a request is made.
Requests can be made for personnel, equipment, materials, and associated services. Participation also
offers the City the opportunity to make such requests in the event assistance is needed.
The Mutual Aid Agreement, upon approval, will be in effect for one year and will automatically
renew for a period of one year upon completion of the initial term and every year after unless and
until the City terminates its participation.
RECOMMENDATION:
Staff recommends Council approval of the City's participation in the Mutual Aid Agreement with the
NCTCOG and area Agencies for assistance in the event of emergencies.
FUNDING SOURCE:
There are no costs associated with participation in this program. The only expenses the City may
incur would come at the time the City is called upon to provide assistance.
ATTACHMENTS:
North Central Texas Public Works Mutual Aid Agreement
Page 25 of 79
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
1
This mutual aid agreement (“Agreement”) is entered into by, between, and among the North
Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or
partially within the State of Texas acting by and through their duly authorized officials. The undersigned
Participating Local Governments and any and/or Public/Political Sub-Divisions of the State of Texas
adopting this agreement upon a formal order of their respective governing bodies as provided therein
may be referred to in this Agreement individually as “Party” and collectively as “Parties.” By signing this
document, and sending it to the Public Works Emergency Response Team, at an address maintained by
the NCTCOG, the agency has indicated that it consents to be a party to this emergency mutual aid
agreement, and acknowledges that it is not necessary to receive copies of the agreement from other
agencies that are party to such agreement.
RECITALS
WHEREAS, the Parties recognize the vulnerability of the people and communities located within
local governments and public subdivisions to damage, injury, and loss of life and property resulting in
emergencies, disasters or civil emergencies and recognize that such incidents may present equipment
and personnel requirements beyond the capacity of each individual (governmental entity) (Party); and
WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of
Mutual Aid for the protection of life and property in the event of an emergency, disaster or civil
emergency or public works emergency; and
WHEREAS, the Parties that wish to make suitable arrangements to provide Mutual Aid are so
authorized, and make this Agreement pursuant to all governmental power inherent in home rule and
other municipalities and all statutory authority, including, but not limited to, the Interlocal Cooperation
Act Chapter 791 of the Texas Government Code); the Texas Disaster Act of 1975 as amended Chapter
418 of the Texas Government Code including the Texas Statewide Mutual Aid System of the Emergency
Management Chapter, set out in Subchapter E-1 of Texas Government Code, Section 418.111 et seq,
and any amendments to that authority or other authority that may be set out in the constitution of laws
of the State of Texas;
WHEREAS, it is understood that the creation of this Agreement and the Texas Statewide Mutual
Aid System (SB11) under Chapter 418 E-1 does not replace or supersede existing mutual aid agreements
or interfere with the ability of municipalities to enter into written mutual aid agreements in the future.
It is understood that if a written agreement is entered into by governmental entities or municipalities
requesting resources, then the terms of that agreement control the rights and responsibilities of the
participating parties to the extent the agreement provides terms that differ from the Texas Statewide
Mutual Aid System.
WHEREAS, it is expressly understood that any mutual aid extended under this Agreement and
the operational plan adopted pursuant thereto, is furnished in accordance with the “Texas Disaster Act”
and other applicable provision of law and except as otherwise provided by law, that the responsible
local official in whose jurisdiction an incident requiring Mutual Aid has occurred shall remain in charge at
such incident including the direction of such personnel and equipment provided him/her through the
operation of such Mutual Aid Plans;
Page 26 of 79
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
2
NOW, THEREFORE, the Parties agree as follows:
Section 1: Incorporation: The above whereas provisions and statements are incorporated as if written
word for word below.
Section 2: Purpose: This Agreement is hereby established to provide planning and operating
procedures whereby public works related Agencies may request aid and assistance in the form of
personnel, equipment, materials and/or other associated services from other public works related
agencies. This agreement allows for better coordination of efforts, identifies available resources and
helps ensure that timely aid can be provided.
Section 3: Definitions
A. “Agency” means any municipal public works agency, township road district, county highway
departments, or any Public/Political sub-division that performs a public works function that
abides by the provisions as found in this Agreement.
B. “Administrative Agency” means the entity designated by the Parties to be responsible for
maintaining the documents associated with this Agreement including distributing Point of
Contact and Resource Inventory information.
C. “Assisting Party” or “Responding Party” means the agency or organization which has received a
request to furnish aid and assistance from another Party and has agreed to provide the same.
D. “Civil Emergency” means an unforeseen combination of circumstances or the resulting
consequences thereof within the geographic limits of a given jurisdiction that calls for
immediate action or for which there is an urgent need for assistance or relief to protect the
general citizenry.
E. “Disaster” means the occurrence or imminent threat of widespread or severe damage, injury, or
loss of life or property resulting from any natural or manmade cause, including but not limited
to fire, flood, earthquake, wind, storm, wave action, winter storm, biological or health hazards,
dam or levee break, drought, explosion, riot,, acts of terrorism and other public calamity
requiring emergency action or requiring homeland security activity (as that term is defined in
Chapter 421 of the Texas Government Code entitled Homeland Security) that is or likely to be,
beyond the control of the services personnel equipment and facilities of a Party that requires
assistance under this Agreement, but must be coordinated through the appropriate local
accredited/certified Emergency Management Agency coordinator.
F. “Emergency” means any occurrence or threat thereof, whether natural or caused by man, in
war or in peace, which results in substantial injury or harm to the population, or substantial
damage to or loss of property.
G. “Homeland security activity means any activity related to the prevention or discovery of,
response to, or recovery from a terrorist attack, natural or man-made disaster, hostile military
or paramilitary action, or extraordinary law enforcement emergency.
H. “Mutual Aid” means providing resources such as personnel, equipment, services and supplies.
These resources support typical public works missions or tasks such as: removal of debris,
restoration of water/wastewater operations, flood control, infrastructure system repairs,
standby power, and damage assessment.
Page 27 of 79
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
3
I. “National Incident Management System (NIMS)” means a Presidential directive that provides a
consistent nationwide approach that allows federal, state, local and tribal governments as well
as private sector and nongovernmental organizations to work together to manage incidents and
disasters of all kinds.
J. “Operational Period” shall mean a period of time beginning at the time of the request for
Mutual Aid and lasting no longer than thirty six (36) hours. Typically assistance would be given
in Twelve (12) hour shifts for operational efficiencies. It is the intention of this mutual aid to be
for assistance in the initial response to the emergency and not part of the long term recovery. If
assistance is requested beyond the initial 36 hours, then the requesting agency must work with
the responding agency directly and put in place a mutual agreeable contract and payment for
services rendered. It is also understood that any agency responding under this mutual aid
agreement will not receive any reimbursement for their mutual aid assistance up to the first 36
hours, even if the event becomes a declared emergency by the President. After the first 36
hours repayment shall be provided. It is also understood that any agency for any reason may
decline to assist or recall their mutual aid at any time.
K. “Point of Contact” means a person and/or an agency’s department/office serving as the
coordinator or focal point of information dealing with public works emergency response
activities.
L. “Public Works Emergency Response Team” (PWERT) means a working group of Public Works
Officials representing their agencies; whose mission is to develop and maintain a region wide
network of public works’ related agencies. This teams’ principal purpose is to provide mutual
aid response and recovery assistance, to each other, when confronted with natural or man-
made emergencies or disasters. This Group is designated as the Administrative Agency to
manage this Agreement.
M. “Requesting Party” means the agency or organization receiving aid and assistance from a
Assisting Party.
N. Public/Political Sub-Division means a basic level of independent local government or quasi-
government authorized by Section 52 of the Texas Constitution that typically have a specific or
limited purpose including Dallas Fort Worth International Airport, Toll Authorities, independent
school districts, water or wastewater districts and improvement and economic development
districts and exist separately from general purpose local governments such as county, city or
townships.
Section 4: Term
This Agreement shall become effective as to each Party on date of adoption as indicated on the
signature page for each Party and shall continue in force and remaining binding on each and every Party
for twelve (12) months from the effective date. This Agreement shall renew automatically for a period
of one year upon the completion of the initial term and each subsequent term unless such time as the
governing body of a Party terminates its participation in this Agreement pursuant to Section 4 of this
Agreement. Termination of participation in this Agreement by a Party or Parties shall not affect the
continued operation of this Agreement between and among the remaining Parties
Page 28 of 79
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
4
Section 5: Termination
Any Party may at any time by resolution or notice given to all the other Parties decline to
participate in the provision of Public Works Mutual Aid. The Governing Body of a Party shall, by
Resolution, give notice of termination of participation in this Agreement and submit a copy of such
resolution to the Administrative Agency and all other Parties. Such termination shall become effective
thirty (30) days after filing of such notice. The termination by one or more of the Parties of its
participation in this Agreement shall not affect the operation of this Agreement as between the other
Parties hereto.
Section 6: Responsibility of Parties
Provision of Aid: Each Party recognizes that it may be requested to provide aid and assistance at
a time when it is necessary to provide similar aid and assistance to the Party’s own constituents.
This Agreement shall not be construed to impose any unconditional obligation on any Party to
provide aid and assistance. A Party may choose not to render aid and assistance at any time for any
reason, or to recall aid that has been deployed at any time.
Section 7: Request for Assistance: The request for assistance will:
A. Be made only with a Declaration of a state of Local Civil Emergency or Declaration of
Disaster by a Requesting Party pursuant to Section 418.108, Texas Government Code or
after a proclamation of a State of Emergency under Section 433.001, Texas Government
Code,
B. Be made only without a Declaration of a state of Local Civil Emergency or Declaration of
Disaster if the requesting agency expects to use the resource(s) for less than one
operational period or if the declaration of emergency is expected to be issued during the
first operational period.
C. Be made by the highest ranking authority of Requesting Party available at the time of need,
D. Be made to the highest ranking authority of the Responding Party available at the time of
need, and
E. Specify to the greatest extent possible the nature of the problem requiring assistance and
the resources requested.
Section 8: Procedures for Requests and Provision of Mutual Aid: See Attachment 1
Section 9: Cost Limitation
A Requesting Party shall not be required to reimburse a Responding Party for costs incurred
during the first Operational Period as defined in Section 2 of this Agreement. A Requesting Party
shall be required to reimburse a Responding Party for costs incurred after the first Operational
Period.
Page 29 of 79
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
5
Section 10: Expending Funds:
A Responding Party that performs services or furnishes aid pursuant to this Agreement shall do
so with their own current funds. No Party shall have any liability for the failure to expend funds
to provide aid hereunder.
Section 11: Insurance
A. Worker’s Compensation Coverage: Each Party shall be responsible for its own actions and
those of its employees and is responsible for complying with the Texas Workers’
Compensation Act.
B. Automobile Liability Coverage: Each Party shall be responsible for its own actions and is
responsible for complying with the Texas motor vehicle financial responsibility laws.
C. To the extent permitted by law and without waiving sovereign immunity, each Party shall be
responsible for any and all claims, demands, suits, actions, damages, and causes of action
related to or arising out of or in any way connected with its own actions and the actions of
its personnel in providing Mutual Aid assistance rendered or performed pursuant to the
terms and conditions of this Agreement. Each party agrees to obtain general liability and
public official’s liability insurance, if applicable, or maintain a comparable self-insurance
program.
Section 12: Miscellaneous
A. Entirety: This Agreement contains all commitments and agreements of the Parties with
respect to the Mutual Aid to be rendered hereunder during or in connection with an
Emergency, Disaster and/or Civil Emergency. No other oral or written commitments of the
Parties with respect to mutual aid under this Agreement shall have any force or effect if
not contained herein, except as provided in Section 12E below.
B. Other Mutual Aid Agreements: This Agreement is not intended to replace or conflict with -
local mutual aid agreements for other emergency response needs such as fire and police or
for the other purposes
C. Severability: If a provision contained in this Agreement is held invalid for any reason, the
invalidity does not affect other provision of the Agreement that can be given effect without
the invalid provision, and to this end the provisions of the Agreement are severable.
D. Validity and Enforceability: If any current or future legal limitations affect the validity or
enforceability of a provision of this Agreement, then the legal limitations are made as part
of the Agreement and shall operate to amend this Agreement to the minimum extent
necessary to bring this Agreement into conformity with the requirement of the limitations,
and so modified, this Agreement shall continue in full force and affect.
E. Amendment: This Agreement may be amended only by the mutual written consent of the
Parties.
F. Governing Law and Venue: The Laws of the State of Texas shall govern this Agreement. In
the event of an Emergency or Disaster physically occurring with the geographical limits of
only one county that is a Party hereto, venue shall lie in the county in which the Emergency
or Disaster occurred. In the event an Emergency or Disaster physically occurring in more
Page 30 of 79
NORTH CENTRAL TEXAS PUBLIC WORKS
MUTUAL AID AGREEMENT
6
than one county that is a Party thereto, venue shall be determined in accordance with the
Texas Rules of Civil Procedure.
G. Signatories: The PWERT shall be the official repository of original pages of the Parties to
this Agreement and will maintain an up-to-date list of those Parties. Each Party will retain
a copy of their own originally signed document with an additional individual signature page
from their Agency to be filed with the PWERT under this Agreement. PWERT will
maintain contact information from all of the parties and provide for a means of
communication whenever there is a need to call for mutual aid. This agreement may be
signed in multiple copies, and it is only necessary for the agencies to notify the PWERT and
keep them informed of the contact information.
H. PWERT – the Administrative Agency, managing this agreement, provides for one
membership seat for each participating agency and one alternate seat. The primary seat
should be held by a Public Works Official or designee. The alternate seat should held by a
member of the jurisdiction of the Emergency Management Division or designee. The
jurisdiction is not required to fill the seats, but, it is strongly recommended, in order to
receive information and training for emergency response.
EXECUTED this _______day of ______________________, 2012
Local Government, Texas
By: ____________________
Printed Name: ____________________
Title: ____________________
Page 31 of 79
AGENDA MEMO
(4/16/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Sharon Martin
SUBJECT:CONSIDER AND ACT: on an amendment to the University Park Public Library
Meeting Room Policy
BACKGROUND:
The Library's current meeting room policy states that the meeting room is only available during the
hours the library is open. Several groups have requested to use the meeting room in the morning
before the library's opening time at 10am. Library staff arrives as early as 8:00am, so it is possible for
the room to be used earlier in the morning.
RECOMMENDATION:
Staff recommends that the policy be changed to allow use of the meeting room beginning at 8:30am.
ATTACHMENTS:
Meeting Room Policy
Page 32 of 79
University Park Public Library
Meeting Room Policies and Procedures
Rental Agreement:
Requests to book the University Park Public Library meeting room can be made through the Resident
Online Center, by calling 311, or in person at the library front desk. A Meeting Room Application,
available at the University Park Public Library, must be completed. When a request is made and
completed application is turned in, whether in person or through the Resident Online Center, library
staff and the Resident Online Center will inform the requestor that their reservation is not valid until
approved by the Library Director. The Library Director or designee will review the request and
determine whether the use is appropriate.
Failure to comply with Meeting Room policies and procedures may result in the suspension of rental
privileges. Applications may be rejected, and previously granted permission withdrawn, for violation of
policies and procedures.
Reservations:
Reservations will be made on a first-come, first-serve basis. Each reservation can be made no more than
thirty days in advance. Reservations are made for a single meeting. No multiple advance bookings are
permitted. Meeting rooms can be reserved for a maximum of eight (8) hours.
The study rooms are for use for individual or group study only. There is no charge for the use of these
rooms, and reservations may be made in advance. The Local History / Conference Room may be used by
special request at the discretion of the Library Director or designee.
Use of the Meeting Room by City Boards, Committees and City personnel shall take precedence over all
other uses, even if an activity has been scheduled. In this instance, the renter will be notified as soon as
possible by the City to make other arrangements.
Rental Periods:
The Meeting Room is available for use from 8:30am to library closing time. Meetings should end ten
minutes before closing time so that the meeting room will be cleared promptly.
Payment Policy:
The fees for rent the meeting room are included in the City of University Park’s Master Fee Schedule.
Payment must be made at least one week prior to the reserved date. The library accepts payment by
cash or check.
Page 33 of 79
Damage Policy:
Organizations or groups conducting or sponsoring meetings shall assume total responsibility for any and
all damages to the room and contents during the course of the meeting/function. The person making
the reservation shall attend the meeting and designate an alternate when making the reservation.
Catering Policy:
Refreshments may be served in the Meeting Rooms; however, the Library does not furnish dishes or
kitchen equipment. All facilities must be left in a clean and orderly condition.
Set up/Tear down:
Renters and their vendors must vacate the room promptly at the conclusion of the contracted time
frame. The length of time required by any vendor to set up or break down for an event is included in
the occupancy period for the renter. Renters must agree to leave the premises in good condition.
Renters must return Meeting Room furniture to its original place at the conclusion of their meeting.
Decorations:
Nails or tacks are not to be used on Library Meeting Room walls. Loose glitter and confetti are not
permitted. Decorative materials must be colored with water-soluble dyes. Candles, incense, or any
other open flames are not permitted.
Tobacco:
Tobacco is not allowed in the Library or any City facility.
Security:
The City of University Park reserves the right to determine if police security is required during a
scheduled activity. The City of University Park will determine the number of officers and hours required.
The renter is responsible for this expense and will pay the City on the day of event by check.
Occupancy Levels:
The occupancy level posted by the Fire Marshall must be followed.
Rights of Rentors:
Renters shall not obstruct, interfere, injure or annoy other users of the library. The Library Director
reserves the right to refuse application for the Meeting Room that will disrupt the normal use of the
library. Renters will comply with the University Park Public Library Code of Conduct.
Renters cannot sublease or assign its contracted space to another individual, group, or organization. All
vendor space must be approved by the Library Director and, if applicable, by the Fire Marshal. No
selling, contract negotiations, money exchange, or financial transactions will be allowed in any meeting
rooms without written authorization from the Library Director.
Page 34 of 79
AGENDA MEMO
(4/16/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Liz Spector, City Secretary
SUBJECT:CONSIDER AND ACT: on minutes of the April 2, 2013 City Council Meeting
BACKGROUND:
Minutes of the April 2, 2013 City Council Meeting are included for the Council's review.
ATTACHMENTS:
2013.04.02 CC Mtg Min
Page 35 of 79
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City Council met in closed executive session for a consultation with the City Attorney
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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.
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3:50 - 4:00 P.M. DISCUSS: a request to consider annexation of the former Mrs. Baird’s
site on the southwest corner of Mockingbird and Central Expressway
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4:00 - 5:00 P.M. WORK SESSION FOR AGENDA REVIEW: The City Council convened
into open work session to receive agenda item briefings from staff.
Page 36 of 79
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Page 37 of 79
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Page 38 of 79
Consent Agenda approval will amend the Code of Ordinance to allow non-resident
former City mayors and their guests to use the City's Holmes Aquatic Center.
ORDINANCE NO. 13/14
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.
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Page 39 of 79
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ORDINANCE NO. 13/15
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.
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RESOLUTION NO. 13-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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Page 41 of 79
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.
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V.PUBLIC COMMENTS
Page 42 of 79
AGENDA MEMO
(4/16/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Harry N. Persaud, MRTPI, AICP, Chief Planning Official
SUBJECT:PUBLIC HEARING: on a request by Crescent Estates Custom Homes to amend the
detailed site plan for Planned Development District PD-39 to provide for nine (9) zero
lot line dwelling units on a tract of 1.38 acres, being lots 1-7, Block C, Potomac Park,
Second Installment, an Addition in the City of University Park.
BACKGROUND:
The City Council approved Ordinance 10/20 on June 15, 2010 establishing Planned Development
District PD-39 for cluster housing on a tract of 2.69 acres situated on Normandy between Lomo Alto
and Roland Avenue. The first phase of six single-family homes has been completed and the second
phase with six units is currently under construction on the north side of Normandy.
The applicant is now requesting consideration to amend the conceptual layout and detailed site plan to
provide for 9 single-family zero lot line homes on a tract of 1.38 acres situated on the south side of
Normandy between Roland and Lomo Alto. The current PD detailed site plan shows 18 units of
single-family cluster houses on the subject tract and an amenity center with swimming pool located
on the lot adjacent and abutting Roland. The proposed detailed site plan will eliminate the amenity
center and swimming pool and reduce the density to 9 units. Existing development on the subject site
is comprised of 26 multi-family units contained in four separate buildings.
The proposed detailed site plan will provide for nine single-family (zero lot line) lots varying in size
between 6,000 and 7,500 sq. ft. with single family homes varying between 3,500 and 6,800 sq. ft.
The maximum building height is 35 feet and each home is required to have a minimum of two, at-
grade off-street parking spaces and an enclosed two car garage. The list of specific development
standards for the proposed development recommended by the Planning and Zoning Commission is
included in the draft ordinance attached. Staff will present and review these standards at the public
hearing.
Notices were mailed to 61 property owners within 200 feet of the subject site and 5 responses were
received, 2 opposed and 3 in favor. Notices for P&Z and Council public hearings on this item were
posted in the Park Cities News on February 28, 2013 and March 21, 2013.
RECOMMENDATION:
Planning and Zoning Commission unanimously recommended approval with a list of development
standards and special conditions included in the draft ordinance.
ATTACHMENTS:
P&Z Report
Draft PD Ordinance
Detailed Site Plan
Landscape Plan
Preliminary Plat
Page 43 of 79
Preliminary Plat page 2
Front Entry Driveway (1)
Front Entry Driveway (2)
Property Owner Responses
Summary of Responses (2)
P&Z Minutes of March 12, 2013
Page 44 of 79
Planning and Zoning Commission Report
DATE: March 12, 2013
TO: Planning and Zoning Commission
FROM: Harry N. Persaud, MRTPI, AICP, Chief Planning Official
RE: PZ 13-002: Hold a public hearing and consider a request by
Crescent Estates Custom Homes to amend the detailed site plan for
Planned Development District PD-39 to provide for nine (9) zero
lot line dwelling units on a tract of 1.38 aces, being lots 1-7, Block
C, Potomac Park, Second Installment. The subject tract is situated
south of Normandy Avenue, between Lomo Alto and Roland, in
the City of University Park, Dallas County, Texas.
GENERAL INFORMATION
APPLICANT: Crescent Estates Custom Homes
LOCATION: A tract of approx. 1.38 acres, more of less, situated South of
Normandy Avenue between Lomo Alto and Roland.
REQUEST: Amend the detailed site plan for Planned Development District
“PD-39” to provide for nine (9) zero lot line dwelling units on a
tract of 1.38 aces, being lots 1-7, Block C, Potomac Park, Second
Installment an Addition located in the City of University Park,
Dallas County, Texas.
EXISTING
ZONING: Single Family Cluster Homes PD-39
SURROUNDING
LAND USE: North – Single Family SF-3;
South – Single Family SF-4
East – Duplex D-2
West – North Dallas Tollway
Page 45 of 79
2
STAFF COMMENTS:
1. Current Zoning:
The subject tract is zoned Planned Development District PD-39 for single family cluster
homes. The applicant desires to amend the conceptual layout and detailed site plan to
provide for 9 single family zero lot line homes on a tract of 1.38 acres situated on the
south side of Normandy between Roland and Lomo Alto. The current PD detailed site
plan shows 18 units of single family cluster houses on the subject tract and an amenity
center with swimming pool located on the lot adjacent and abutting Roland. The
proposed detailed site plan will eliminate the amenity center and swimming pool and
reduce the density to 9 units.
The existing development on the tract comprises of 26 multi family units located in four
separate buildings.
Permitted Uses, Development Standards and Special Conditions:
The proposed detailed site plan will provide for the following amendments, development
standards and special conditions to be included in an ordinance amending PD-39.
A. The property shall be developed only in conformance with the requirements of
this Planned Development District, the detailed site plan approved hereby, and all
other provisions of the Comprehensive Zoning Ordinance as may apply;
B. Uses Permitted: The allowed use in this Planned Development District is for
single family zero lot line housing with accessory structures to include attached
garages and swimming pools;
C. Required Parking: A minimum of two (2) enclosed spaces in a garage and two
(2) off-street parking spaces at grade level as shown on detailed site plan will be
provided for each zero lot line single family dwelling unit in the Planned
Development District;
D. Development Standards:
The following Development Standards shall apply:
(1) Building Height – Maximum building height is thirty-five feet (35’) as
measured from the top of the slab to the top of the ridge, with a maximum roof
pitch of 8:12. The maximum number of stories per dwelling unit is 2
Page 46 of 79
3
(2) Lot Size and Density: There will be nine (9) zero lot line single family lots
varying in size from a minimum of 6,000 square feet to a maximum of 7,500
square feet
(3) Size of homes: Air conditioned floor area excluding garage shall range in size
from 3,500 to 6,800 square feet;
(4) Yards and Setbacks:
Building Setback from Alley: 12.5 feet
Building Setback from Roland: 5 feet
Building Setback from Lomo Alto: 5 feet
Building Setback from Normandy: 20 feet
Building Setback from interior lot lines: Vary between 1 and 7 feet as shown on
detailed site plan.
(5) Impervious Coverage: The maximum impervious coverage is 75% for any
platted lot;
(6) Maximum Plate Line Height shall be twenty-four feet six inches (24’ 6”)
measured from the top of slab, provided that the elevator shaft and a front
entry tower shall be a maximum plate height of thirty feet (30’);
(7) Surface Paving: All paving shall be done with pavers, engineered with a
permeable substrate to allow for percolation.
(8) Roofing materials shall be tile, slate, or standing seam metal;
(9) Exterior façade of structures: Exterior walls of buildings and structures shall be
constructed with stone, brick, stucco or any combination thereof;
E. Landscaping: The landscape development plan provides details by species and caliper
of existing trees to be retained on the site and trees to be removed. Each platted lot shall
have a minimum of twelve (12) – five gallon evergreen shrubs or equivalent. Ground
cover may be substituted for evergreen shrubs. Each dwelling unit will have a
minimum of one (1) six inch (6”) caliper tree in the front yard;
F. Location and capacity of utilities, including water, sanitary and storm, solid waste
disposal, electric and gas, shall be submitted with building construction plans to be
reviewed and approved by the Director of Public Works prior to the issuance of a
building permit;
G. Location of Garages: All garages shall provide direct access to the alley;
H. Driveways located in the Front Yard: Circular drives are permitted in the front yards of
lots with a minimum of 50 feet in width as shown on Exhibit “A”; and Flag style driveways
are permitted in the front yards of lots with a minimum width of 45 feet as shown on Exhibit
“B”
Page 47 of 79
4
I. Swimming Pools, Hot tubs and Spas: Swimming pools, hot tubs or spas shall
be permitted within the courtyards of each lot, provided they meet all applicable codes
and ordinances of the City of University Park;
J. Fencing: Fences will be allowed in accordance with the applicable city codes;
K. Exterior lighting: All exterior light fixtures shall be installed and located so that
intensity of the illumination measured at the property line shall not exceed 0.5 foot
candles.
L. Yard Requirements: Nothing herein is intended to allow the obstruction of a
corner lot sight line as otherwise provided for in the Code of Ordinances.
(1) Side Yards
i. There shall be a side yard setback of 5’ on the street side of all corner lots and one
foot (1’) setback along a zero lot line.
ii. There shall be a minimum required interior side yard setback of 7’along lot
lines which are adjacent to zero lot lines.
iii. Window sills, belt courses, cornice details and other architectural features
may not project more than two inches (2”) over a zero lot line setback;
iv. Eaves may not project more than two inches (2”) over a zero lot line
setback. Gutters are allowed provided all downspouts are located adjacent to a
zero lot line shall be tied into an underground drainage system;
v. Eaves may not project more than eighteen inches (18”) into a required seven
(7)feet side yard setback;
vi. Chimneys shall be allowed to project two feet (2’) into the required seven
feet (7’) yard setback;
2) RearYard:
i.The minimum rear yard setback from the alley shall be 12.5 feet.
ii. Every part of the rear yard shall be open and unobstructed to the sky from a
point 30” above the ground. Window sills, belt courses, cornices, roof
overhangs and other architectural features may not project more that 18” into the
required rear yard.
3) FrontYard:
i.All yards facing Normandy shall be considered front yards;
ii. All lots will have a minimum front building setback of 20 feet.
M. Building Walls: All structures shall be constructed to provide a one-hour, non-
combustible, fire-resistant wall when the setback is zero feet from the property line.
Such wall shall be constructed in accordance with the International Residential Code, as
adopted by the City of University Park. In addition, no plumbing or mechanical
penetrations will be allowed in any wall that is located on a zero setback from the
property line. No gables or dormers will be allowed above the second story plate line;
Page 48 of 79
5
N. Neighborhood Liaison: During construction, the contractor will provide a liaison to
respond to questions and complaints from residents. The contractor shall provide
adequate notice to residents of the name and methods of contacting the liaison 24
hours a day, seven days a week. The contact name and number will be posted on the
construction site;
O. Construction Vehicles: No parking of construction vehicles or equipment will be
permitted on City streets, except for streets which are adjacent to the construction or
closed for construction;
P. Construction Hours: Unless written permission is granted by the Director of
Public Works, construction work on the site is restricted to Monday through Friday
from 7:00 am to 6:00 pm and 8:00 am to 6:00 pm on Saturdays.
Q.. The construction site will be screened with a temporary eight foot (8’) screening
fence of dark green or black windscreen fabric, or other material approved by the
Community Development Director, and installed on a chain link fence;
R. All trash receptacles used during construction will be placed within the screened
area;
S. The screening fence will be maintained in place at all times during construction;
T. All AC units facing a public street shall be screened by evergreen shrubs.
NOTIFICATION OF PROPERTY OWNERS:
Notices for the proposed amendment were mailed to owners of property with in 200 feet
of the subject site and a public notice was posted in the Park Cities News on February 28,
2013. At the time of this report two responses were received (attached)
ATTACHMENTS:
1. Application and supporting plans
2. Ordinance adopting PD-39
3. Driveway configurations for the front yards
4. Email response
5. Minutes of the P&Z meeting February 12, 2013
Page 49 of 79
ORDINANCE NO. ___________________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND A PORTION
OF PLANNED DEVELOPMENT DISTRICT NO. 39 (PD-39) FOR SINGLE-FAMILY
HOUSING FOR THE PROPERTY DESCRIBED AS LOTS 1-7, BLOCK C OF POTOMAC
PARK, SECOND INSTALLMENT, AN ADDITION TO THE CITY OF UNIVERSITY
PARK, DALLAS COUNTY, TEXAS; APPROVING AN AMENDED DETAILED SITE
PLAN ATTACHED AS EXHIBIT “A”; 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
said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map
should be amended; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
University Park, Texas, are hereby amended by amending a portion of Planned Development
District No. 39 (“PD-39”) to provide for single-family housing for the property described as Lots 1-
7, Block C of Potomac Park, Second Installment, an addition to the City of University Park, Dallas
County, Texas (the “property”).
SECTION 2. That the amended Detailed Site Plan for the property, attached hereto and
incorporated herein by reference collectively as Exhibit “A”, the same as if fully copied herein, is
hereby approved as required by Section 17-101 (2) of the Comprehensive Zoning Ordinance of the
Page 50 of 79
City of University Park, Texas, as the Detailed Site Plan for the property subject to the following
special conditions:
A. The property shall be developed only in conformance with the requirements of this
ordinance, the amended Detailed Site Plan approved hereby, and all other provisions of the
Comprehensive Zoning Ordinance as may apply;
B. Uses Permitted: The allowed use in this Planned Development District is for single-
family housing, plus permitted incidental and accessory uses, including attached garages and
swimming pools, as shown on the Detailed Site Plan;
C. Required Parking: Two (2) enclosed spaces in a garage and two off-street parking
spaces at grade level will be provided for each single-family dwelling unit in this portion of the
Planned Development District, as shown on the Detailed Site Plan;
D. Development Standards:
The following Development Standards shall apply:
(1) Height – Maximum building height is thirty-five feet (35’) as measured from the
top of the slab to the top of the ridge, with a maximum roof pitch of 8:12. The maximum
number of stories per dwelling unit is 2;
(2) Lot Size; house size: There will be nine (9) single-family lots varying in size
from a minimum of 6,000 square feet to a maximum of 7,500 square feet in area. Gross
floor area of the units, excluding garage, shall range from 3,500 square feet to 6,800
square feet;
(3) Yards and setbacks:
Setback from Alley: 12.5 feet
Setback from Roland: 5 feet
Setback from Lomo Alto: 5 feet
Setback from Normandy: 20 feet
Setbacks from interior lot lines: 1-7 feet, as shown on the Detailed Site Plan;
(4) Lot Coverage: The maximum impervious coverage is 75% for any platted lot;
(5) Maximum Plate Line Height shall be twenty-four feet, six inches (24’6”)
measured from the top of the slab, provided that the elevator shaft and the front entry
tower for each unit shall a maximum plate height of thirty feet (30’);
Page 51 of 79
(6) Surface paving shall be done with pavers, engineered with a permeable surface to
allow for percolation;
(7) Roofing materials shall be tile, slate, or standing seam metal; and,
(8) Exterior facades or walls of building and structures shall be constructed with
brick, stone, stucco or any combination thereof;
E. Landscaping: The landscape development plan shall provide details by species and
caliper of existing trees to be retained on the site, existing trees to be removed and new trees
to be provided. All landscape material will be installed in accordance with the approved
landscape development plan. Each platted lot shall have a minimum of twelve (12) five
gallon evergreen shrubs or equivalent. Ground cover may be substituted for evergreen shrubs.
Each dwelling unit will have a minimum of one (1) six inch (6”) caliper tree in the front yard;
F. Location and capacity of utilities, including water, sanitary and storm sewer, solid
waste disposal, electric and gas, shall be submitted with the building construction plans and
reviewed and approved by the Director of Public Works prior to the issuance of a building
permit;
G.. Driveways located in the front yard: Circular drives are permitted in the front
yards of lots that are a minimum of fifty feet (50’) in width, as shown on Exhibit “A”, and
“flag” driveways are permitted in the front yards of lots that are a minimum of forty-five feet
(45’) in width;
H. Location of Garages: All garages shall provide direct access to the rear alley;
I. Location of swimming pools, hot tubs and spas: Swimming pools, hot tubs and
spas are permitted within the courtyards of each lot, provided they meet all applicable codes
and ordinances of the City of University Park;
J. Required Fencing: Fences will be allowed in accordance with the approved
Detailed Site Plan;
K. Special Yard Requirements:
Nothing herein is intended to allow the obstruction of a corner lot sight line as
otherwise provided for in the Code of Ordinances.
(1) Side Yards
i There shall be a side yard setback of 5’ on the street side of all corner lots,
and interior lot side yard setbacks as shown on the Detailed Site Plan, with
a 1’ setback on one lot and a 7’ setback on the abutting lot;
Page 52 of 79
ii Window sills, belt courses, cornice details and other architectural features
may not project more than two inches (2”) over a 1’ interior lot side yard
setback;
iv Eaves may not project more than two inches (2”) over a 1' interior lot side
yard setback. Gutters are allowed, provided all downspouts located
adjacent to a 1’ interior side yard setback shall be tied into an underground
drainage system;
v Eaves may not project more than eighteen inches (18”) into a required 7’
interior lot side yard setback;
vi Chimneys shall be allowed to project up to 2’ into the required 7’ interior
lot side yard setback; and,
(2) Rear Yard
i The minimum rear yard setback from the alley shall be 12.5’; and,
ii Every part of the rear yard shall be open and unobstructed to the sky from
a point 30” above the ground. Window sills, belt courses, cornices, roof
overhangs and other architectural features may not project more that 18”
into the required rear yard.
(3) Front Yards
i All yards facing Normandy shall be considered front yards;
ii All lots will have a minimum front yard building setback of 20’.
L. Exterior lighting shall be installed and located so that intensity of the illumination
measured at the property line shall not exceed 0.5 foot candle;
M. Building Walls: All structures shall be constructed to provide a one-hour, non-
combustible, fire-resistant wall when the setback is zero feet from the property line. Such
walls shall be constructed in accordance with the International Residential Code, as adopted
by the City of University Park. In addition, no plumbing or mechanical penetrations will be
allowed in any wall that is located on a zero setback from the property line. No gables or
dormers will be allowed above the second story plate line;
N. Neighborhood Liaison: During construction, the contractor will provide a liaison
to respond to questions and complaints from residents. The contractor shall provide adequate
notice to residents of the name and methods of contacting the liaison 24 hours a day, seven
days a week. The contact name and number will be posted on the construction site;
Page 53 of 79
O. Construction Vehicles: No parking of construction vehicles or equipment will be
permitted on City streets, except for streets which are adjacent to the construction or closed for
construction;
P. Construction Hours: Unless written permission is granted by the Director of
Public Works, construction work on the site is restricted to Monday through Friday from 7:00
am to 6:00 pm and 8:00 am to 6:00 pm on Saturdays, except holidays as specified by City
ordinance.
Q. The construction site will be screened with a temporary eight foot (8’) screening
fence of dark green or black windscreen fabric, or other material approved by the Community
Development Director, and installed on a chain link fence;
R. All trash receptacles used during construction will be placed within the screened
area;
S. The screening fence will be maintained in place at all times during construction;
and,
T. All AC units facing a public street shall be screened by evergreen shrubs.
SECTION 3. All ordinances of the City of University Park in conflict with the provisions
of this ordinance are hereby repealed.
SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, be adjudged
or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance
as a whole.
SECTION 5. Any person, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, shall be deemed
guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park,
Page 54 of 79
Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for
each offense, and each and every day any such violation shall continue shall be deemed to
constitute a separate offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the 15th day
of June 2010.
APPROVED:
____________________________________
W. RICHARD DAVIS, MAYOR
APPROVED AS TO FORM: ATTEST:
_____________________________ _________________________________________
CITY ATTORNEY ELIZABETH SPECTOR, CITY SECRETARY
(RLD/5/07/10; 43419)
Page 55 of 79
EXHIBIT “A” DETAILED SITE PLAN
(INCORPORATED BY REFERENCE HEREIN)
Page 56 of 79
ORDINANCE NO. ___________________________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT PLANNED
DEVELOPMENT DISTRICT NO. 39 (PD-39) FOR SINGLE-FAMILY CLUSTER
HOUSING FOR THE PROPERTY DESCRIBED AS LOTS 1-7, BLOCK C AND LOTS 1-7,
BLOCK D OF POTOMAC PARK, SECOND INSTALLMENT, AN ADDITION TO THE
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; APPROVING A
DETAILED SITE PLAN ATTACHED AS EXHIBIT “A”; 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 15th day
of June 2010.
APPROVED:
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
Page 57 of 79
1
PLANNING AND ZONING COMMISSION
UNIVERSITY PARK, TEXAS
MINUTES
March 12, 2013
The Planning and Zoning Commission of the City of University Park met on Tuesday, March 12,
2013 at 4:30 pm in the City of University Park Council conference room, located at 3800
University Boulevard, University Park, Texas. The following are minutes of that meeting.
Commission Members Seated Staff Members Attending
Robert H. West, Chairman Robbie Corder, Community Development Director
Randy Biddle Harry Persaud, Chief Planning Official
Doug Roach Amanda Hartwick, Planning Technician
Kim Kohler Rob Dillard, City Attorney
Mark Aldredge
Absent
Neil Harris
Present and Seated in Audience
Liz Farley
Jerry Jordan
Chairman West opened the work session at 4:30 PM. Staff presented a power point presentation
regarding the scheduled case. No action was taken. The work session was closed at 4:55. The
commission moved to Council Chambers for the public hearing.
Chairman West opened the public hearing at 5:00 PM, and read the case before the commission:
PZ 13-002: Hold a public hearing and consider a request by Crescent Estates Custom Homes to
amend the detailed site plan for Planned Development District, PD-39 to provide for nine (9)
zero lot line dwelling units on a tract of 1.38 aces, being lots 1-7, Block C, Potomac Park,
Second Installment. The subject tract is situated south of Normandy Avenue, between Lomo
Alto and Roland, in the City of University Park, Dallas County, Texas.
Chairman. West opened the floor for staff presentation. Mr. Harry Persaud introduced
representatives from Crescent Estate Homes and Graphic Design Group. Mr. Mark Shekter of
Graphic Design Group took the floor and distributed handouts with a chart depiction of the
proposed changes.
Mr. Shekter explained that the amended PD will reduce the number of lots on the south block of
Normandy, from 18 to 9. He indicated that the original project was designed for a total of 36
units, but with the proposed changes there will only be 27 units upon completion. In addition, the
original PD allowed for 3 story buildings, but the amended PD will only allow for 2 stories. The
maximum height and lot coverage will remain the same. Mr. Shekter explained that the amended
PD will provide increased parking when compared to the original PD. The front yard setbacks
Page 58 of 79
2
will also increase from 10 feet to 20 feet, which will allow for more green space. The side yard
setbacks will increase to a total of 8 feet between the homes.
Mr. Shekter explained that the proposed changes in the amended PD resulted from market
research which showed an older population that desired to downsize but remain in the city of
University Park. The amendment will allow for a layout with a master and study downstairs,
which is current with market demand.
Mr. Shekter also addressed parking changes, stating that some lots would have circular
driveways and others would have flag driveways if the lot size allowed for it. He explained that
in his opinion the flag or circular drive options would allow for more green space than the inset
parking because the inset parking takes out some of the parkway which is normally landscaped.
Mr. Shekter also addressed concerns about the removal of a pool from the original plans. He
stated that the change would decrease HOA fees for everyone. He also stated that most residents
that he has spoken with have indicated they have no desire for a pool within the development.
Mr. Shekter then stated that termination letters have been mailed to the residents living in the
current units on the south side of Normandy. These units will need to be demolished before new
construction can begin. Mr. Shekter stated that they anticipate current residents will vacate by the
end of April. He then explained that four letters of intent have been received thus far, pending
approval of the amended PD.
Mr. Rob Dillard asked if all units have been designed with an elevator in the home. Mr. Shekter
responded that all units will have an option for an elevator. The design allows for storage closets
on both levels of the home, which could easily be converted to an elevator in the future.
Mr. Mark Aldredge asked if the developers were in agreement with the staff comments and
recommendations. Mr. Shekter explained that he has been working closely with Mr. Harry
Persaud and other city staff, and he has no concerns with their comments.
Chairman West asked if the commission’s approval of the amended PD would approve the
footprint of the development. Mr. Persaud explained that the drawings that were presented are
typical and that development standards would still have to be met. He expressed that these
standards set parameters to govern the footprint but give flexibility for some customization.
Mr. Aldredge asked if the approval of the amendment would approve the proposed flag driveway
reconfiguration. A discussion then ensued regarding parking for the development. Mr. Persaud
explained that a traditional flag driveway would not fit due to the lot sizes. He explained that this
amended flag configuration would allow for one car in front, and that a circular drive would
accommodate two cars. He then stated that some of the smaller lots will not have any parking in
front.
Mr. Dillard asked if the proposed changes to the south side of Normandy should be treated as a
separate PD. Mr. Persaud explained that the area is compromised of only 1.38 acres and it is
generally better to keep a Planned Development as a larger tract of land, so an amendment to the
original PD would be preferable.
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3
Mr. Jerry Jordan approached the podium. He suggested that wording of the amendment be
altered to help differentiate the south side from the north side of Normandy. He then asked if
there were any restrictions to slab height. A discussion then ensued regarding slab height and
drainage requirements. Mr. Persaud explained that there is a maximum of 5% slope gradient
between abutting lots. He also stated that these lots will most likely require a French drain.
Chairman West asked if there were any further questions or comments from city staff or
developers. Mr. Shekter approached the podium. He stated that the flag driveway configuration
was designed to allow for a car to back up within the driveway so as no to reverse into the street.
Chairman West asked if anyone wished to speak either in favor or opposed to the amendment.
No one came forward. The public hearing was then closed.
Mr. Kohler made a motion to approve the amended PD subject to development standards and
conditions provided by city staff. Mr. Biddle seconded the motion. The amended PD was
approved with a 5-0 vote.
Minutes of the February 12, 2013 Planning & Zoning Commission meeting were reviewed. Mr.
Aldredge made a motion to approve the minutes. Mr. Roach seconded the motion. The minutes
were approved with a 5-0 vote.
With there being no further business before the Commission, Mr. West adjourned the meeting at
approximately 5:25 PM.
________________________________
Robert H. West, Chairman
Planning & Zoning Commission
Date____________________________
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AGENDA MEMO
(4/16/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Harry N. Persaud, MRTPI, AICP, Chief Planning Official
SUBJECT:CONSIDER AND ACT: on an ordinance approving an amended detailed site plan
for Planned Development District PD-39 to provide for nine (9) zero lot line dwelling
units on a tract of 1.38 acres, being lots 1-7, Block C, Potomac Park, Second
Installment, an Addition in the City of University Park.
BACKGROUND:
Please see memo, draft ordinance and attachments submitted for the public hearing on this item.
RECOMMENDATION:
Planning and Zoning Commission unanimously recommended approval with a list of development
standards and special conditions included in the draft ordinance.
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AGENDA MEMO
(4/16/2013 AGENDA)
TO:Honorable Mayor and City Council
FROM:Luanne Hanford
SUBJECT:CONSIDER AND ACT: on a resolution establishing the Civic Foundation
Scholarship Advisory Committee and appointing initial members
BACKGROUND:
In 2009, a $60,000 donation was made to the University Park Civic Foundation for the purpose of
establishing a college scholarship program to benefit the children of city employees. In 2010, the
program was established, and 15-20 students each year have received partial scholarships.
In 2012, the City Council approved a process to continually fund the program through donations via
city water bills. This resolution establishes the Civic Foundation Scholarship Advisory Committee to
work semi-autonomously to administer the scholarship program and award scholarships each
academic year to eligible students.
RECOMMENDATION:
Adopt resolution to establish the Civic Foundation Scholarship Advisory Committee and appoint
initial members.
FUNDING SOURCE:
N/A
ATTACHMENTS:
Resolution
Appendix A - Committee Duties
Appendix B - Member Roster
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RESOLUTION NO. 13-__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS, ESTABLISHING AN ADVISORY
COMMITTEE TO ADMINISTER THE CIVIC FOUNDATION
SCHOLARSHIP PROGRAM; APPOINTING THE INITIAL
COMMITTEE MEMBERS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in 2010, the University Park Civic Foundation established a scholarship
program to provide encouragement to the children of City of University Park employees
to pursue post-secondary education by awarding partial tuition scholarships for colleges
or vocational schools to which applicants had been accepted; and
WHEREAS, this effort was the outgrowth of an initial donation of $60,000 presented to
the University Park Civic Foundation in 2009 to be used to encourage higher education
among children of employees whose resources for tuition, fees, and books were limited;
and
WHEREAS, in 2012, the City of University Park City Council approved an on-going
funding process for the scholarship program that allows for monthly donations via city
utility bills; and
WHEREAS, the next step in the process is to establish a Civic Foundation Scholarship
Committee which will work semi-autonomously to establish policies and procedures,
review scholarship applications and award scholarships within the financial limitations of
the Civic Foundation Scholarship Fund;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF UNIVERSITY PARK, TEXAS:
SECTION 1. That the City Council hereby establishes the Civic Foundation
Scholarship Advisory Committee. The City Council charge to the appointed committee
members is attached in Appendix A.
SECTION 2. Committee members are to be appointed at the same time and in
the same manner as other citizen advisory committees. A list of the first appointees to the
Civic Foundation Scholarship Advisory Committee is attached in Appendix B.
SECTION 3. The City Council will retain general oversight of the committee
and its activities through regular reports submitted by the committee.
SECTION 4. This resolution shall take effect immediately from and after its
passage and it is accordingly so resolved.
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DULY PASSED by the City Council of the City of University Park, Texas on the
16th day of April, 2013.
APPROVED:
______________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
_________________________________
ELIZABETH SPECTOR, CITY SECRETARY
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APPENDIX A
The City Council of the City of University Park charges the newly established Civic
Foundation Scholarship Advisory Committee with the following duties:
1. Develop policies and procedures which shall include adoption of a standard scholarship
application, dates for submission of applications, deadlines for awarding scholarships and
disbursing scholarship funds, a student mentoring program for scholarship recipients, and
general criteria for scholarship eligibility.
2. According to established guidelines, for each academic year, the committee shall submit
to the Finance Director a list of students who have been approved for scholarships, the
amount of the scholarships, and the information required for disbursing the funds to the
appropriate college, university, or vocational school.
3. Report to the City Council at least annually regarding the number of scholarships
awarded for the academic year, the amounts, and a general accounting of the Civic
Foundation Scholarship Fund.
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APPENDIX B
(Attached to Resolution No. 13- )
Appointees of the newly established Civic Foundation Scholarship Advisory Committee
effective April 16, 2013:
Jean W. Coleman
Judy Gibbs
William (Bill) Johnson
Shirley Kochman
Sara B. “Sally” Lane
Dayton Macatee
Lila Marshall
Douglas C. Smellage
Lamar Tims
Council Liaisons:
Tommy Stewart, Councilmember
Bob Begert, Councilmember
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