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HomeMy WebLinkAbout2013.07.16 City Council AgendaCity Council City of University Park Meeting Agenda City Hall 3800 University Blvd. University Park, TX 75205 Council Chamber5:00 PMTuesday, July 16, 2013 PRE-MEETING WORK SESSION(S) 3:00 - 4:00 P.M. Progress Update on Council Goals and Objectives. Council Conference Room, 2nd Floor, City Hall 4:00 - 5:00 P.M. The Council will meet in open work session to receive agenda item briefings from staff. No action will be taken. Council Conference Room, 2nd floor, City Hall. TO SPEAK ON AN AGENDA ITEM Anyone wishing to address the Council on any item must fill out a green “Request to Speak” form and return it to the City Secretary. When called forward by the Mayor, before beginning their remarks, speakers are asked to go to the podium and state their name and address for the record. I.CALL TO ORDER A.INVOCATION: Director of Information Services Jim Criswell B.PLEDGE OF ALLEGIANCE: Director of Information Svcs. Criswell / Boy Scouts C.INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D.INTRODUCTION OF STAFF: City Manager Bob Livingston II.AWARDS AND RECOGNITION Recognize Holmes Aquatic Center lifeguards for 2013 North Texas Guard Games participation A.13-187 Agenda Memo - Guard Games 2013Attachments: III.CONSENT AGENDA Page 1 City of University Park Printed on 7/12/2013 July 16, 2013City Council Meeting Agenda Consider and act on amendments to Library Borrowing and Meeting Room Policies and acceptance of Friends of the University Park Public Library Funding Discussion Guide A.13-179 Agenda Memo - Library Policies/Funding Guide Borrowing Policy Library Meeting Room Policy Friends of UPPL Funding Guide Attachments: Consider and act to cancel the August 6 and August 20 City Council Meetings and to schedule Meetings for August 27 and September 10 B.13-186 Meeting Schedule Agenda MemoAttachments: Consider and Act on an ordinance designating two (2) 15-minute parking spaces along the 6900 block of Hillcrest C.13-192 Agenda Memo - Hillcrest 15-Minute Spaces ORDINANCE - 15 minute parking-Burger House 15-MIN PARKING FOR BURGER HOUSE Attachments: Consider and act on revised SSO Initiative agreeement with TCEQD.13-178 Agenda Memo - SSO Initiative Revised SSO Agreement 7_02_13 Attachments: Consider approval of minutes of the July 2, 2013 City Council MeetingE.13-189 Agenda Memo - 20130702 CC Mtg Min July 2, 2013 CC Meeting Minutes Attachments: IV.MAIN AGENDA Public Hearing on a request by St. Christopher's Episcopal Church to amend the detailed site plan for Planned Development District PD-27 to provide for a children's playground A.13-182 Agenda Memo - PH on PD 27 Amendment Draft Ordinance Detailed Site Plan Detailed Site Plan Page 2 Property Owner Response Minutes of PZ for 5-14-2013 Attachments: Page 2 City of University Park Printed on 7/12/2013 July 16, 2013City Council Meeting Agenda Consider and Act on an ordinance amending the detailed site plan for Planned Development District PD-27 for the St. Christopher's Episcopal Church to provide for a children's playground B.13-181 Agenda Memo - PD 27 Amendment Draft Ordinance Detailed Site Plan Detailed Site Plan Page 2 Attachments: Public Hearing on a request to amend the Special Sign District for the Plaza at Preston Center to allow for a specified number of colors for signage within the shopping center. C.13-171 Agenda Memo Public Hearing Draft Ordinance UDADAC Minutes 6-11-13 Attachments: Consider and act on an ordinance amending the Special Sign District for the Plaza at Preston Center to allow signage to contain not more than ten colors. D.13-172 Agenda Memo Consideration Item Sign Ordinance Attachments: Public Hearing on a proposed amendment to Section 40 of the Comprehensive Zoning Ordinance to repeal the current definition relating to Community Center (Public) and institute a new definition E.13-184 Agenda Memo - Community Center Definition Draft Ordinance - Definition of Comm Center Minutes of PZ for 6-11-2013 Attachments: Consider and Act on an ordinance amending Section 40 of the Comprehensive Zoning Ordinance to repeal the current definition relating to Community Center (Public) and institute a new definition F.13-185 Agenda Memo Community Center Action 7_16_13 Draft Ordinance - Definition of Comm Center Minutes of PZ for 6_11_2013 Attachments: Consider and act on a request to revise items allowed in required front yards under the City's Comprehensive Zoning Ordinance G.13-175 Agenda Memo - Items in Front Yards Schreyer Letter Zoning Ordinance Sec 21_100 4 b City Council Mn 08-01-06 City Council Mn 08-22-06 Attachments: Page 3 City of University Park Printed on 7/12/2013 July 16, 2013City Council Meeting Agenda Consider and Act on an ordinance amending Article 3 of the Code of Ordinances regarding sidewalk and ROW improvements for building permits in excess of $10,000 in valuation H.13-125 Agenda Memo 7_16_13 Sidewalk ROW Permits 10k PWAC Minutes 05_20_2013 Ordinance Attachments: V.PUBLIC COMMENTS Anyone wishing to address an item not on the Agenda should do so at this time . Please be advised that under the Texas Open Meetings Act , the Council cannot discuss or act at this meeting on a matter that is not listed on the Agenda . However, in response to an inquiry, a Council member may respond with a statement of specific factual information or a recitation of existing policy. Other questions or private comments for the City Council or Staff should be directed to that individual immediately following the meeting. VI.ADJOURNMENT 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. CERTIFICATE: I, Elizabeth Spector, City Secretary, do hereby certify that a copy of this Agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and on the City's website, www.uptexas.org, in compliance with Chapter 551, Texas Government Code. DATE OF POSTING:____________________________ TIME OF POSTING:_____________________________ ________________________________ Elizabeth Spector, City Secretary Page 4 City of University Park Printed on 7/12/2013 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0001_1_Agenda Memo - Guard Games 2013.docx 5:03 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Gerry Bradley, Director of Parks SUBJECT: 2013 North Texas Lifeguard Games BACKGROUND: On June 28-29, 2013, two teams from our University Park's Holmes Aquatic Center competed in the 16th annual North Texas Lifeguard Games. This is the second year our lifeguards have participated in this event. Twenty-eight Lifeguard and Jr. Guard teams from North Texas, South Texas, and Oklahoma met in Terrell, TX for a competition that tests a lifeguard’s ability to recognize and treat potential water related injuries such as spinals, CPR/AED, and active and passive drowning events. We are proud to recognize our Aquatic Supervisor, Erin Ward, for her part in having our lifeguards ready and trained to serve our community by providing weekly lifeguard in-service training. Erin has also served on this year's Guard Games Committee and was an active participant on making this competition possible. At this year’s event, University Park lifeguards Michael Machak, Morgan Kemendo, Carlos Girod, and Olivia Donoghue placed first in the First Aid and Safety Event, while other team consisting of members Brett Williams, Crayton McIntosh, Madisyn and Aubree Miller placed fourth in the Spinal Event. RECOMMENDATION: Staff would like City Council to recognize our lifeguard team for their ability to meet the requirements necessary to provide a safe and enjoyable experience for all pool patrons and congratulate them for all their efforts. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0002_1_Agenda Memo - Library PoliciesFunding Guide.docx 5:03 PM 07/12 AGENDA MEMO 5/21/2013 Agenda TO: Honorable Mayor and City Council FROM: Sharon Martin, Library Director SUBJECT: Changes in Library Policies and Friends of the University Park Public Library Funding Discussion Guide BACKGROUND: The University Park Public Library Borrowing Policy has been amended to address the need for library users to have their library cards to check out materials. The changes to the Meeting Room Policies and Procedures will address the Group Study Rooms, adding a two-hour time limit to the use of the room and limiting the use to group study. The Friends of the University Park Public Library Funding Discussion Guide has been reviewed by Council; it reflects on change in wording requested by the Library Director. RECOMMENDATION: The Library Governance Board approved the change to the Borrowing Policy with a 3 in favor, 2 opposed vote. They approved the other two changes unanimously. Staff recommends that the changes be accepted. 1 UNIVERSITY PARK PUBLIC LIBRARY LIBRARY BORROWING POLICY How to Get a Library Card: Library cards are free to residents and employees of University Park and to residents within the Highland Park Independent School District boundaries. The University Park Public Library (UPPL) will issue library cards to non-residents on a reciprocal basis. Library cards will be offered at no charge to residents of cities who offer University Park residents free library cards. Non-residents will be charged the same fee that their cities will charge University Park residents for a library card. A library card gives the card holder checkout privileges at the library and access to electronic resources. The card is valid for one year. By signing the back of the card, the library patron agrees to accept responsibility for use of the card and to follow all library policies. Cards are obtained by presenting a valid governmental photo identification and proof of address for legal adults (18 years old or older). Under age 18, a person must be connected to an adult sponsor (parent or guardian) and be able to sign or print his/her own name. The adult sponsor must be a registered borrower. Library Account: The library account number is the 14 digit number on the front of the patron’s library card (no spaces between digits). When the card is issued, the PIN number assigned will be the last four digits of this number. The PIN can be changed by the patron in the My Account area of the Library’s online catalog. The Library account number with PIN number combination is used to provide access to electronic resources, which the Library makes available to its patrons. A lost library card should be reported immediately. There is a fee to replace a lost card, which is listed in the Master Fee Schedule. Patrons must present their library cards at time of renewal or pay the replacement fee. The Library honors the State of Texas TexShare card from any reciprocating library in the State. For more information on the TexShare program, see the information found on the Texas State Library and Archive Commission website at www.tsl.state.tx.us/texshare Check-out and Renewal of Materials: The patron presents the library card at the service desk or self-check station with the items selected for check out. If the library card has been forgotten, library staff will hold materials until the library card is located or replaced. Holds: Holds may be picked up by family members with prior approval. Holds may be placed by phone, online, or in person. Hold notifications are given by phone, email, or text message. 2 Renewals: Items may be renewed up to five times unless a hold has been placed on the item. Renewals may be made by phone, online, or in person. Overdue materials: If items become overdue, the borrowing privilege is suspended until items are returned and fees have been paid. If the patron has email, a courtesy notice will be sent one day before an item reaches overdue status. Once an item has become one week overdue, the library sends an overdue notice. The overdue fine is listed in the Master Fee Schedule. At six weeks delinquent, the book will be considered lost and a bill will be sent. See Lost Materials. Check out: Books, with the exception of those marked new, are checked out for three weeks. Items marked new are checked out for two weeks and are limited to two (2) items. DVDs and magazines are checked out for one week. DVDs are limited to two (2) per card. Other materials are limited to 50 per card and may be checked out for three weeks. Check out period for electronic resources will be listed on the website for that resource. Lost materials: When materials are lost, the patron is charged a processing fee, listed in the Master Fee Schedule. The patron will be charged a replacement cost; the replacement cost will vary and is based on the original acquisition cost of the item. The Library will accept an exact replacement for lost items. The replacement must be a new, uncirculated book. Borrowing privileges will be suspended until the replacement cost has been paid or the item has been replaced. If the item is later found, the Library will gratefully accept it as a donation; however, the Library does not refund replacement or processing fees. OTHER BORROWING SERVICES TexShare Program: TexShare is a two-pronged program offered by the Texas State Library and Archives Commission to library patrons throughout Texas. The card program provides a statewide library card for Texas residents. Patrons of the UP Public Library can obtain a TexShare card and use it at any other participating library in Texas. Cards will be issued to any patron in good standing. The card is issued initially for three months and thereafter for six month periods. 3 The other TexShare program is the database program which is explained in the Library’s Electronic Resources User Policy. OverDrive: OverDrive is the Library’s system that allows current University Park Public Library residents card holders to access downloadable e-books and audio books using their library account number (card barcode) and PIN. The loan period for downloadable items can be found on the OverDrive website, which can be accessed from the Library’s homepage, www.uplibrary.org. 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 and through the Resident Online Center, must be completed. When a request is made and completed application is turned in, library staff or 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 group study only and can be used for up to two hours. No selling, business or contract negotiations, money exchange, or financial transactions will be allowed in the study rooms. 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 Rooms 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. 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 Marshal 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. FRIENDS OF THE UNIVERSITY PARK PUBLIC LIBRARY FUNDING ACTION ITEMS REQUESTED OF THE CITY COUNCIL 1. Approval of the Corporate and Professional sponsorship approach and the assumption that incremental expenses beyond the library's budget would be covered by the sponsorship and the remainder credited to the Friends. (please see page 5) 2. Approval of the grants approach and the assumption that incremental expenses beyond the library's annual budget would be covered by the grant and the remainder credited to the Friends . (please see page 8) 3. Approval of naming and signage criteria for key named components of the library. Gift Level Options $250,000 Fiction Nonfiction Biography Study Rooms (2) $500,000 Local (Texana Room) Teen Area Quiet Study Room $1,000,000 Community Room Children's Area $1,300,000 Lobby (Mattie Caruth Byrd) $3,000,000 library FRIENDS OF THE UNIVERSITY PARK PUBLIC LIBRARY FUNDING DISCUSSION GUIDE Background In fiscal year 2012-2013, Friends of University Park Public library transitioned from a long history of operating the University Park Public library (please see Attachment A, Historical Timeline) to serving as a support organization partnering with the City of University Park in the operation of the library by undertaking to raise funds to provide approximately SO% of the library's annual operating budget and providing volunteers to support library operations and programs. The initial strategy to meet the first requirement was to design and implement an endowment campaign that would raise approximately $11.3 million. Once collected, these funds were envisioned to generate 4% interest, the result of which would be an annual contribution of approximately $300,000-$450,000 out of an investment account to the City of University Park to support library operations and programs. A strategic planning project and subsequent fundraising campaign was launched in the summer of 2011. There was no feasibility study conducted prior to campaign launch because the City had already secured the space and it was believed that there were two or three donors who were likely willing and able to contribute $5 million toward the effort. These donors were approached early in the process and have thus far declined invitations to make leadership gifts. In the year following the initial effort, several attempts were made to identify, cultivate, and solicit contributions over $100,000. It became clear over time that the community was not ready to fund an endowment at this level and a new strategy was developed in the form of an annual major gifts approach. Approach for Discussion At this time, the Friends have approximately $1.5 million of liquid assets and are prepared to provide a minimum of $300,000 annually to the operations of the Library (approximately SO% of each annual budget approved by the Friends). Given the inability of the committee and the board to raise endowment capital, the following funding model is offered for consideration. Objectives of this Model 1. Describe potential primary sources of funding for the Friends' portion of the Library's annual operating budget; Revised: 6/17/13, page 1 2. Illustrate a three-year projection from these sources ; 3. Articulate the procedures for handling the funds and the donor recognition; and 4. Describe the critical importance of including the Friends i n the Library's annual operating budget planning process. Additional detail on each program is attached for further explanation and documentation. KEY SOURCES OF FUNDING At this time, we envision three primary sources of funds to be pursued by the Friends: 1) Friends Annual Memberships; 2) Corporate and Professional Annual Fund and Sponsorships; and 3) A Bridge Fund while we are building a Permanent Endowment for the library. We expect that Friends Memberships will eventually provide one third of the Friends' funding needs, Corporate and Professional Annual Fund and Sponsorships will provide an additional third, and the Bridge Fund and eventually the Permanent Endowment will provide the final third. In the short term {3 to 5 years) the Friends will be dependent on Bridge Funds from major donors to meet most of our obligations to the City. Grants from foundations and other organizations are also being sought in this effort, but it is not yet determined how successful our solicitation efforts will be . Individual Friends Memberships Friends of the University Park Public Library Membership Levels and Revenue Projections Gift Analysis (cash Basis) Membership Level Individual Memberships Senior 30 Reader so Patron 100 Collector 2SO Conservator 500 Director 1,000 library lion 2,SOO TOTAL Corporate and Professional Members hips library lion 2,SOO li brary l ead er 5,000 library Supporter 10,000 Library Spon so r 2S,OOO TOTAL General Friends Donations 10 TOTAL GRAND TOTAL BrldQe Fund or the ~rmon ent Endownmen t Select Ite m from Book $ 10,000 Select Item from Book $ 2S,OOO Select ite m from Book $ SO,OOO Va rious Opportunit ies $ 100,000 Signage Opportunity $ 250,000 Majo r Sign age Opportunity $ 1,000,000 Total #of Members/ Transactions by 2015 so 100 100 250 1S 20 20 10 5 2 300 20 5 5 10 FY2013 (25"of FY2014 (SO% of tarJet) tar&et) FY2015 375 7SO 1,SOO 1,2SO 2,SOO s,ooo 2,SOO s,ooo 10,000 1S,62S 31,2SO 62,SOO 62S 1,2SO 2,SOO 3,7SO 7,SOO 1S,OOO 12,SOO 2S,OOO SO,OOO 36,625 73,250 146,500 $ 12,SOO 2S,OOO 50,000 $ 12,SOO 2S,OOO SO,OOO $ 12,500 2S,OOO 50,000 $ 12,500 25,000 50,000 $ 50,000 100,000 200,000 7SO 1,500 3,000 750 1,500 3,000 87,375 174,750 349,500 $ so,ooo 100,000 so,ooo $ 7S,OOO 25,000 2S ,OOO $ 100,000 100,000 50,000 $ 200,000 300,000 500,000 $ 2SO,OOO 2SO,OOO $ 2SO ,OOO 500,000 250,000 $ 925,000 $ 1,275,000 875,000 FY2016 FY2017 Total $ 1,SOO 1,530 S,65S $ s,ooo S,100 18,8SO $ 10,000 10,200 37,700 $ 62,SOO 63,7SO 235,62S $ 2,SOO 2,S50 9,42S $ 1S,OOO 1S,300 56,550 $ SO,OOO S1,000 188,SOO $ 146,500 $ 149,430 552,305 50,000 S1,000 188,500 50,000 51,000 188,500 50,000 51,000 188,500 SO,OOO S1,000 188,500 $ 200,000 $ 204,000 754,000 $ 3,000 $ 3,060 11,310 $ 3,000 $ 3,060 11,310 $ 349,500 $ 356,490 1,317,615 200,000 125,000 2SO,OOO 1,000,000 soo,ooo 1,000,000 3,075,000 Revised: 6/17/13, page 2 (Target $146,500 annually by 2015) Individual and family annual memberships to Friends of the University Park Library currently range from $30 for a Senior Reader to $2,500 for a Library lion. Through May 31, 2013, the Membership Committee has secured 806 (10% of UP families) memberships and collected $78,528 revenue toward a goal of $37,000 in 2013 and $73,000 in 2015. (Please see Attachment B for levels and benefits.) Friends Memberships Key Points for Consideration The structure of the membership program is mature. There is a well-functioning membership committee with experienced volunteer leadership . As the program grows in popularity, there is an opportunity to create more formal database management and administration of member relations and communications. Members of the Friends should be considered top prospects for the endowment effort and for volunteer recruitment opportunities (e.g., for Corporate and Professional membership committee and Friends Board membership.) Focus should be placed on acquisition (set target based on current levels here) retention (target 75% renewal), and upgrade (suggest top 2% increase to Library lions' next level each year.) There will need to be a clarification of reporting responsibility and targets so that the volunteers responsible for the solicitation of memberships have understanding of the resources available to them and to whom they are accountable. An increased number of volunteers will be required to pursue memberships as time progresses . Multiple-year terms on the membership committee and for the leadership of this committee are desirable. Resources Required Membership materials (print, electronic) Membership premiums (window sticker, yard sign, discounts for Friends' programs, etc .) Database (suggest Cloud-based) Database manager (can be volunteer) Website presence/online membership opportunities Note : No contribution of any size to the Friends of the University Park Public library includes a library card. library cards must be acquired separately in accordance with Revised : 6/17/13, page 3 City policies . However, Friends may secure cards for major donors and sponsors at their expense as long as they are assigned to specific individuals. Acknowledgement All memberships will be acknowledged by membership chair(s). In addition, memberships of $1,000 and above will receive a letter from the President of the Friends . Recognition All Members of the Friends will be recognized on lists for a period of 12 months following the date of their membership activation . lists include: Web Scrolling membership list on screen savers at the library Other? Benefits Administration Benefits of membership will be administered by the Membership Committee of the Friends of the University Park library. Corporate and Professional Memberships and Sponsorships (Target $200,000 annually by 2015) Corporate and Professional Membership in the Friends: Memberships are offered at $2,500 and above . See Attachment C: Corporate and Professional Membership Levels . To date, the Corporate and Professional Committee has solicited approximately 150 companies and professional firms that service the Park Cities community. Additionally 1,600 solicitation letters were mailed before the 2012 holidays. To date we have received three gifts and $4,000 in contributions . Business and professional entities, individuals and/or foundations may select to sponsor a program at the Library . These sponsorships will be sought by a committee of the Friends . Additionally there have been two formal sponsorship conversations with major corporate prospects and one informal conversation . One sponsorship agreement with Briggs Freeman has been secured. The City of University Park is a key stakeholder in the sponsorship program . In the event that a Sponsorship Agreement is reached, the Agreement must be approved by the City of University Park, the Sponsor, and the Friends . Revenue from the Sponsorship will be recognized and collected by the Friends and paid over to the City prior to the library's execution of the program. Revised : 6/18/13, page 4 Sponsorship Packages will be unique to each Agreement and may include benefits such as use of the building or a room in the building, naming of a program for a period of time, or naming of a room for a period of time. All Agreements will be negotiated by the City and the Friends with the Sponsor. All proceeds of Friends-initiated sponsorships will be attributed to the Friends as part of the commitment to the City. If there are expenses incurred by the Library outside the Library's annual budget, these will be covered by the sponsorships first and the rema i nder credited to the Friends. Corporate Membership Key Points for Consideration The Corporate program is a new program that needs time to mature and be embraced by the community. There is a Corporate membership committee that is in its infancy, which with the right number of members under dynamic leadership has significant potential. The Corporate database should be maintained in the same system as the individual database so that there can be relationships established between accounts. Members of the Corporate program should be considered excellent prospects for the Board and other leadership positions . Focus should be placed on establishing a well-managed program that ensures positive outcomes for the Corporate members . There will need to be a clarification of reporting responsibility and targets so that the volunteers responsible for the solicitation of Corporate memberships have understanding of the resources available to them and to whom they are accountable . An increased number of volunteers will be required to pursue memberships as time progresses. Multiple-year terms on the membership committee and for the leadership of this committee are recommended . Resources Required Corporate membership materials (print, electronic) Corporate membership premiums (book, item for the office, etc.) Database (suggest Cloud-based) Database manager (can be the same as the individual membership database manager) Website presence/online membership opportunities Recognition Sponsor recognition may include (but not be limited to): Revised: 6/17/13, page 5 Web Listings Newsletter stories Interviews Announcements Program naming Priority in reservations for the Community Room Benefits Administration The administration of benefits of sponsorship will be managed by the City of Un iversity Park. Benefits may include (but not be limited to): A predefined number of uses of the Library/area of the Library for private functions Library cards Logo representation/live links from the City website to sponsors' websites Opportunity for Sponsor leadership to speak at program functions on behalf of the Sponsor Opportunities for Sponsor name association with the Programs in print and on recordings Others to be determined/negotiated as appropriate. Bridge Funds and Endowment: (Bridge Target : $925,000 in 2013; $1,275,000 in 2014 and $875,000 in 2015) Under the banner of the UP With the Library Capital Campaign, the Friends have received 66 gifts for a total of $525,000 and $150,000 in pledges to date. There have been five gifts/pledges of $100,000, and one gift of $150,000. Only the entrance lobby (in recognition of the M C Byrd bequest to the City of UP) of the named components of the Library have been committed so far (not included in the total to date), though five specific calls to fund major components have been made. Acknowledgement All contributions (outright gifts and pledges) will receive a form letter serving as the official tax receipt. This letter will be generated by the Donor Relations Chair and signed by the Capital Campaign Chair . (Note that the reference to the tax deductible portion of the gift will reference any cash received in the tax year i n quest ion, and will not reference the amount of a pledge .) In addition , all contributions will receive a thank-you letter from the President of the Friends. This letter will be gene rated by the Donor Relations Chair within 48 hours of receipt of the contribution . Revised : 6/17/13, page 6 As appropriate, the Donor Relations Chair or other officer of the Friends may also elect to add personal notes or gestures . Recognition Donors who have contributed any amount will be listed in a book of donors to be housed in a visible, accessible area of the library. listing in this book will be managed by the Donor Relations Chair and will be updated monthly. Donors of $5,000 and above will be able to select an item from a list of items in the book with which they may associate their gift. For example, a donor might elect to associate their gift with a computer or a particular piece of furniture . It should be noted that by electing to associate their gift with an item, the donor is not restricting the use of their contribution to the purchase or maintenance of said item. Donors who have contributed $10,000 or more will be recognized on a donor wall in the main lobby of the library entrance . Donors' names will be listed on tiles, with sizes and placement based on the timing of receipt of their gift and size of their gift. Tiles have been divided into zones . See Attachment D: Naming and Signage. Maintenance of the tiles will be managed by the Donor Relations Chair . Tiles will be updated quarterly. Donors who have contributed $250,000 or more may select specified naming opportunities . Add itional appropriately-sized signage near the area in which they have designated their gift will be offered and will require approval by the City of University Park. See Attachment D: Naming and Signage . Donors to the first library campaign will also be recognized as well w ith appropriately sized signage and placement on the donor wall or elsewhere in the library. Note: Contributions that are restricted by the donor for a specific purpose that is not i ncluded in the annual operating budget of the Library will only be accepted in the event that the library staff has requested or agreed that the Friends seek or accept such a contribution, and will use the funds for the stated purpose . In the event of such a contribution, the Friends (with the assistance of the Library staff) will be responsible for maintaining a record of compliance with the requirements of the gift. In the event that the Friends secure a grant restricted for an existing program or budgetary item, the Friends (with the assistance of the Library staff) will be responsible for maintain i ng a record of compliance and with meeting reporting requirements of such a grant. Revised : 7/9/13, page 7 Bridge and Endowment Key Points for Consideration The solicitation of bridge funding will be critical to the ability of the Friends to meet their commitment to the operations of the Library. The success of bridge and endowment campaigns will be most dependent upon the chair(s). This person/people will need to have influence with a broad spectrum of philanthropists in the commun ity. There will need to be a clarification of reporting responsibility and targets so that the volunteers responsible for the solicitation of campaign gifts have an understanding of the resources available to them and to whom they are accountable . Resources Required Grants Campaign materials (print, electronic) Recognition and signage opportunities Database (suggest Cloud-based) Database manager (can be the same as the individual membership database manager) Website presence/online membership opportunities Communications strategy Grants from foundations and other institutions have been received and currently are being sought. Receipt of grants is uncertain, and can involve a long time between the request submission and action thereon. Further, foundations typically prefer to grant funds for specifically identified projects, rather than for endowments or other unrestricted funds which recent applications have sought at the City's request. Consequently, grants from foundations are not emphasized or relied upon in the proposed funding model, although they will be pursued and could be a supplemental source of funding from time to time . Those grants that the Friends receive will be attributed to the Friends as part of thei r comm itment to the City. If there are expenses incurred by the Library outside of the Library's annual budget, these will be covered by the grant first and the remainder credited to the Friends. Note: Contributions that are restricted by the grant for a specific purpose that is not included in the annual operating budget of the Library will only be accepted in the event that the Library staff has requested or agreed that the Friends seek or accept such a grant, and will use the funds for the stated purpose. In the event of such a grant, the Revised: 7/9/13, page 8 Friends (with the assistance of the Library staff) will be responsible for maintaining a record of compliance with the requirements of the grant. In the event that the Friends secure a grant restricted for an existing program or budgetary item, the Friends (with the assistance of the Library staff) will be responsible for maintaining a record of compliance and with meeting reporting requirements of such a grant. Volunteers The fundraising efforts described above are conducted principally by directors and advisory directors of the Friends, with assistance of individuals recruited by them and advice and logistical support from consultants paid by the Friends. Some of these individuals also serve as volunteers to supplement the paid Library staff. To keep these individuals motivated to work for the good of the Library, it is important that they feel that they have input into decisions regarding the Library and its budget and concur in decisions made by the City regarding the Library. Revised: 7/9/13, page 9 Attachment A Friends of the University Park Public library Historical Timeline 1950 Harriet Lowe (Mrs. Jack Lowe) goes to the City Council to request that University Park(" UP' or" the City'') open a public library for its citizens. 1958 UP is identified as one of the largest U.S. cities without a public library. 1976 Highland Park(" HP') and Dallas begin to charge UP citizens to use their libraries. 1987 Cub Scouts raise $4,000 to begin to fund a UP Library. 1989 UP Master Plan Report submitted by Walter J. Humann recommends building a full-service Park Cities library which would be a combined HP and UP library with cooperative agreements with SMU and the Highland Park Independent School District. 1989 The Friends are incorporated as The Friends of the Library for the Park Cities in the hope that HP and UP would join together in developing a library to serve both HP and UP. 1992 The Friends receive a determination letter from the IRS that the Friends is an organization described in IRC Section 501{c)(3) and that donors may deduct contributions to the Friends. 1997 $300,000 is raised to begin a capital campaign for a Library facility. The Pioneer 200, a group of dedicated supporters, is founded and contributes to the capital campaign. 2000 Albert Huddleston, former Friends Board member, leases to the Friends a home in a 5,500 square foot old law office in the Chase Bank on Hillcrest for $1.25 per year. 2001 Four Girl Scouts collect books from citizens and the "Book Bank" is born as UP's first Library. Open four hours per week, the Book Bank is staffed by volunteers and furnished with donated books. 2002 UP City Council grants funds for a professional librarian, and the Library is now open 20 hours per week and achieves state accreditation. First Lady Laura Bush accepts the position as Honorary Chairman. 2005 Name of the Friends is changed to the Friends of the University Park 9039983v.l Attachment A Public Library after it became clear that there will not be a joint HP/UP library and that the Friends' focus will be on developing a Library for UP and finding a permanent home for it. 2007 A full-time Children's Librarian is hired with funding help from La Fiesta de las Seis Banderas, and hours have expanded to 41 hours per week. Volunteers donate over 5,000 hours per year to assist staff, shelve and cover books, hold quarterly book sales and serve as Board members, officers and on the Advisory Board. 2011 The City and the Friends enter into a public/private partnership agreement pursuant to which the Library will become a City department and the Friends undertake to raise significant funds to support the Library and provide volunteers to assist in staffing the Library. 2012 The City of UP and the owners of The Plaza at Preston Center enter into a non-cash transaction which trades the streets and alleys in Preston Center East in exchange for second-floor space of 17,000+ square feet for the Library and a 2,000 square foot third floor space in a commercial building for a Community Meeting Room, which the City will then lease to the Friends in a condominium arrangement. 2012 The Library moves into interim space in the City's service center at Worcola in preparation to the move into its permanent home at the Plaza. 2012 Pursuant to the 2011 partnership agreement with the City and the Friends, the Library becomes a City department, with benefits to employees, and the Friends undertake to provide half of the $600,000 initial annual cost of operating the Library, as well as continuing to provide volunteers to assist in staffing the Library. The City hires Sharon Perry Martin, MLS, as Library Director. 2013 The Library opens in a wonderful new facility in The Plaza at Preston Center to help create young readers, provide a comfortable community meeting place, stimulate imagination and satisfy curiosity of life-long learners. Former First Lady Laura Bush was the Honorary Opening Day Chair. 9039983v.l Attachment B Friends of the University Park Public Library 2013 Membership Benefits: Senior Reader (65+) $30+ • Membership sticker for admission to Friends' events (to be placed on your Library card) • Friends' "Check It Out" e-newsletter • Discounts to attend Friends' programs • Evites to Friends' Events • Reusable Book Tote Reader $50+ All benefits at the previous level plus: • Membership stickers for all cardholders age 18 +in your household Patron $100+ All benefits at the previous level plus: • Invitation to a Patron event Collector 2 50+ All benefits at the previous level plus: • Recognition in printed materials Conservator $ 500+ All benefits at the previous level plus: • Book plate in your name placed in a new book purchased by Library Director $1000+ All benefits at the previous level plus: • Invitation to "Dinner with the Director" Library Lion $2 500+ All benefits at the previous level plus: • Invitations to annual Library Lions events Friends of the University Park Public Library Corporate & Professional Partners Campaign Corporation/Business/ Professional Firm Attachment C (Please print name exactly as it should appear in printed material, including capitalizations and punctuation) Contact Name Business Address City /State/Zip Contact Phone Contact Email ---------------------- YES! We support the Friends of the UP Public Library. Count on us at the following level of support: [1$10,000 Name recognition on the Corporate and Professional Partners Plaque at the UP Public Library for each year gift is made. · Recognition in all press releases and printed materials for each year your contribution is made. [ 1 $5,000 Name recognition on the Corporate and Professional Partners Plaque at the UP Public Library for each year gift is made. · Recognition in all press releases and printed materials for each year your contribution is made. [ 1 $2,500 Name recognition on the Corporate and Professional Partners Plaque at the UP Public Library for each year gift is made. · Recognition in all press releases and printed materials for each year your contribution is made. [1$1,500 [ 1 Other amount $ _____________ _ [ 1 Check enclosed, payable to Friends of the UP Public Library [ 1 Please bill our credit card. Complete the information below for credit card donation. Sec. MC/Visa/Discover # Code Exp. Cardholder's Name Date Signature We pledge$ _________________ to be paid in _____ monthly/yearly*(circ/e one) installments (*not to exceed 3 years). Installments will be paid on or before ---------------• _______________ , and Please return your completed commitment to: Rita Clinton, Treasurer, Friends of the UPPL, 34 7 9 Westminster, Suite 335-G, Dallas, TX 75205 All gifts/pledges made to the Friends of the University Park Public Library are fully tax-deductible. Thank you! Ca m p a i g n Na m i n g & Si g n a g e Fo r Di s c u s s i o n : Ju n e 20 1 3 Pe n d i n g f t n a l ap p r o v a l l? J UP Ci t y Co u n c i l Attachment D N at n i n g an d Si g n a g e Cr i t e r i a Gi f t Le v e l Si z e o f Ti l e on Ot h e r N a m i n g Si g n a g e Ti l e Selection Priority Do n o r Wa l l Op p o r t u n i t y Op p o r t u n i t y $1 0 , 0 0 0 Sm al l (3 .75 ) Se lec t fr o m li s t : re c o g n i t i o n n / a Zo n e C: Perimeter in pr i n t $1 5 , 0 0 0 Sm a l l (3 . 7 5) Se l e c t fr o m li s t : re c o g n i t i o n n / a Zo n e B: Center Edges in pr i n t $2 5 , 0 0 0 Sm a ll (3 .75 ) Se lec t fr o m li s t : re c o g n i t i o n n / a Zo n e A: Eye level center in Qri n t $5 0 , 0 0 0 Me d i u m (7 . 7 5) Se l e c t fr o m li s t : re c o g n i t i o n n / a Zo n e C: Perimeter in pr i n t $7 5 , 0 0 0 Me d i u m (7 .75 ) Se lec t fr o m li s t : re c o g n i t i o n n / a Zo n e B: Center Edges in pr i n t $1 0 0 , 0 0 0 La r g e (1 1 .75 ) Se l e c t fr o m li s t : re c o g n i t i o n n / a Zo n e A: Eye level center in pr i n t $2 5 0 , 0 0 0 + La r g e Se e be l o w Se e b elow Fi r s t Priority Ce n t e r Ti l e Ce n te r Ti l e n / a n / a n / a Pi o n e e r 20 0 La r g e n / a n / a Zo n e A: Eye level center_ 11 ] Gi f t le v e l Nu m b e r Av a i l a b l e Op t i o n s St a t u s Nu m b e r Sold $2 5 0 , 0 0 0 5 Fi c t i o n No n - F i c t i o n Bi o g r a p h y St u d y Roo m s (2 ) $5 0 0 , 0 0 0 3 Lo c a l Te e n Ar e a Qu i e t St u d y Ro o m $1 , 0 0 0 , 0 0 0 2 Co m m u n i t y Ro o m Ch i l d r e n ' s Ar e a $1 , 3 0 0 , 0 0 0 1 Lo bb y Co n f i r m e d 1: Mattie Caruth Byrd $3 , 0 0 0 , 0 0 0 1 Bu i l d i n g IT ! D o n o r Wa l l Z o n e s A B c D E F G H J K L M N 0 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 L1 J .. , e IL Zl Dn e B L< ~n e ~ - - - - Lo b b y Si g n a g e D e s i g n ~ e l 1 V 1 0 o ' - O " f - f - 1- - ---I - - I I I I <M r ~ ([ g (Q ) I p ~ ~I lli 1 J J d ll i 1 J J I I I . r I - 4" P I I CO N I Ma J W ~ Ca J r u t t h By r d li l : l m r y Lo b b y MO U N T E D LETTERING; IR M SI Z I N G / F I T WITH APPENX MO N I T O R LO C A T I O N b I Co . - ~: _ R 4<?,X 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 S:\EXECUTIVE\Liz\Council Meeting Info Docs\Agenda Memo Template.docx 9:04 AM 07/11 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Liz Spector, City Secretary SUBJECT: August and September 2013 Council Meeting Schedule BACKGROUND: As there are no items scheduled for August 6 and a quorum of the Council will be unavailable on August 20, the Council should consider cancellation of those two regularly scheduled meetings. Director of Finance Kent Austin will file the proposed budget with the City Secretary's Office, post the document on the City's website, and deliver copies of same to the Council on August 6. A Special City Council Meeting should be scheduled to allow a Public Hearing on the proposed FY14 budget and tax rate and an additional special meeting should be called for September 10 for possible adoption of same. The proposed August and September meeting schedule is as follows: August 6 CANCEL August 20 CANCEL August 27 Special Meeting - Public Hearing on proposed budget/tax rate Sept. 3 Regular Meeting - Public Hearing on proposed budget/tax rate Sept. 10 Special Meeting - Public Hearing and consideration of proposed budget and tax rate Sept. 17 Regular Meeting RECOMMENDATION: Staff recommends the Council cancel the August 6 and August 20 City Council Meetings and call meetings for August 27 and September 10 as outlined above. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0004_1_Agenda Memo - Hillcrest 15-Minute Spaces.docx 5:03 PM 07/12 AGENDA MEMO 5/21/2013 Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood, P.E.; Director of Public Works SUBJECT: Ordinance designating 15-minute parking spaces BACKGROUND: Staff received a request from the owner of Burger House for two 15-minute parking spaces along his Hillcrest frontage. As dictated by the City's policy, the other businesses along the block were surveyed regarding the request. A majority were in favor of the request. RECOMMENDATION: Staff recommends City Council approval of the ordinance designating two 15-minute parking spaces along the west side of the 6900 block of Hillcrest in front of Burger House. ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING IN EXCESS OF FIFTEEN MINUTES ON THE SPACES ADJACENT TO 6913 HILLCREST AS SHOWN ON EXHIBIT A; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful and an offense for any person to leave, stand or park any motor vehicle in excess of fifteen (15) minutes at any time on the spaces adjacent to 6913 Hillcrest, as shown on Exhibit “A” attached hereto and made part hereof for all purposes. SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. The parking restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of July 2013. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ ELIZABETH SPECTOR, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/07-10-13/61354) ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING IN EXCESS OF FIFTEEN MINUTES ON THE SPACES ADJACENT TO 6913 HILLCREST AS SHOWN ON EXHIBIT A; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of July 2013. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY HILLCREST SNIDER PLAZA PR O P O S E D 1 5 - M I N PA R K I N G 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0005_1_Agenda Memo - SSO Initiative.docx 5:04 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood, P.E.; Director of Public Works SUBJECT: Sanitary Sewer Overflow Initiative BACKGROUND: The City Council approved a draft agreement with the Texas Commission on Environmental Quality (TCEQ) at their December 18, 2012 meeting. That contract was detailed a 10-year program to reduce extraneous flows into the City's sanitary sewer collection system, which results in overflows. After their review, TCEQ staff revised the agreement to a 5-year program. As stated in the previous discussion with Council, the mitigation measures are budget neutral, and system improvements will be addressed as yearly "mile-per-year" projects. A copy of the revised agreement is attached for the Council's review. RECOMMENDATION: Staff recommends City Council approval of the agreement with the Texas Commission on Environmental Quality to participate in a 5-year program in their Sanitary Sewer Overflow Initiative. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0006_1_Agenda Memo - 20130702 CC Mtg Min.docx 5:04 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Liz Spector, City Secretary SUBJECT: Consider approval of minutes of the July 2, 2013 City Council Meeting BACKGROUND: Minutes of the 7/2/13 Council Meeting are included for the Council's review. RECOMMENDATION: City Hall 3800 University Blvd. University Park, TX 75205 City of University Park Meeting Minutes City Council 5:00 PM Council ChamberTuesday, July 2, 2013 CALL TO ORDERI. Mayor W. Richard Davis, Mayor Pro Tem Bob Clark, Councilmember Bob Begert and Councilmember Dawn Moore Present:4 - Councilmember Tommy StewartExcused:1 - EXECUTIVE SESSION 13-173A.3:31 - 4:17 P.M. The Council convened into closed Executive Session under Government Code Section 551.076 to deliberate the deployment, or specific occasions for implementation, of security personnel or devices. No action was taken. Executive Conference Room, 1st Floor, City Hall. PRE-MEETING WORK SESSION(S) 13-169A.4:20 - 5:02 P.M. The City Council convened into open work session to receive agenda item briefings from staff . No action was taken. Council Conference Room, 2nd Floor, City Hall. INVOCATION: Mayor W. Richard DavisA. PLEDGE OF ALLEGIANCE: Mayor Davis / Boy ScoutsB. INTRODUCTION OF COUNCIL: Mayor W. Richard DavisC. Boy Scout Clay Rejebian, Troop 82, assisted in leading the Pledge of Allegiance . Clay stated he is working on his Communications merit badge. INTRODUCTION OF STAFF: City Manager Bob LivingstonD. Staff present included: Community Information Officer Steve Mace, Director of Information Services Jim Criswell, Police Chief Gary Adams, Director of Public Works Bud Smallwood, City Secretary Liz Spector, Director of Finance Kent Austin, Director of Parks Gerry Bradley, Assistant Director of Public Works Jacob Speer, Director of Human Resources Luanne Hanford, Library Director Sharon Martin, Director of Community Development Robbie Corder, Assistant to the City Manager George Ertle, Fire Chief Randy Howell and City Engineer Bob Whaling. Also present were police department employees Todd Jenkins , Captain Greg Spradlin, Nancy Escobar, Captain Jim Savage, Lt. Keith Burks, Lt. Bill Mathes, Sgt. John Ball, Robbie Keenan, Dorris Certain, and Dawn Kossmann. Page 1City of University Park July 2, 2013City Council Meeting Minutes AWARDS AND RECOGNITIONII. 13-164A.Recognition of Construction Inspector Harold Newman's retirement with 12 years of service to the City. Director of Public Works Bud Smallwood introduced former employee Harold Newman and thanked him for his service to the City. Mayor Davis gave Mr. Newman a plaque and Mayor Pro Tem Clark gave Mr . Newman a check in recognition of his retirement. 13-165B.Recognition of Police Lieutenant Gerald Bishop's retirement after 26 years with the City. Police Chief Gary Adams introduced former UPPD Lt . Gerry Bishop and thanked him for his twenty-six years of service. Mayor Davis gave Lt. Bishop a plaque and Councilmember Moore gave him a check in recognition of his years of service to the City. CONSENT AGENDAIII. A motion was made by Councilmember Moore, seconded by Mayor Pro Tem Clark, that the Consent Agenda be approved. The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, and Councilmember Moore 4 - 13-167A.Consider and act on an amendment to the City Manager Employment Agreement This Contract was approved. 13-168B.Consider approval of minutes of the June 18, 2013 City Council Meeting The Minutes were approved. MAIN AGENDAIV. 13-102A.Consider and act on proposed amendments to the Ordinance regulating park facilities usage Mayor Davis said the latest draft of the ordinance amending park facilities usage was published on the City's website Friday, June 28, 2013. He stated during the work session that the Council suggested some clean-up language prior to adoption of the ordinance. He said those changes will be detailed in the motion. Councilmember Moore stated the deletion of the sentence is acceptable as long as the ordinance provides authority to the director of parks or his agent to relocate any sports clinic scheduled for longer than one week if deteriorating field conditions merit such relocation. Councilmember Begert stated the ordinance does provide that stipulation. A motion was made by Councilmember Begert, seconded by Mayor Pro Tem Page 2City of University Park July 2, 2013City Council Meeting Minutes Clark, that this Ordinance be adopted as amended subject to deletion of the sentence in Section 1.09.153, Sports Clinics, (b) stating: "no park site will be reserved for a sports clinic or clinics for more than one week in any month." The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, and Councilmember Moore 4 - 13-155B.Consider resolution amending master fee schedule A motion was made by Councilmember Begert, seconded by Mayor Pro Tem Clark, that this Resolution be adopted as amended to include the word "annual" in relation to the fees for sports clinics, trainers and instructors in Section A6.005. The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, and Councilmember Moore 4 - 13-171C.Public Hearing on a request to amend the Special Sign District for the Plaza at Preston Center to allow for a specified number of colors for signage within the shopping center. Mayor Davis stated that the representatives for the Plaza at Preston Center requested this item be moved to the July 16, 2013 City Council Meeting because they are unable to attend tonight's meeting. Mayor Davis made made a motion that the public hearing be postponed to the July 16, 2013 City Council Meeting. The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, and Councilmember Moore 4 - 13-172D.Consider and act on an ordinance amending the Special Sign District for the Plaza at Preston Center to allow signage to contain not more than ten colors. A motion was made by Mayor Davis that action on this Ordinance be postponed until the July 16, 2013 City Council Meeting. The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, and Councilmember Moore 4 - 13-175E.Discuss objects allowed in the required front yard under the City's Comprehensive Zoning Ordinance Director of Community Development Robbie Corder addressed the Council regarding a resident request to amend the ordinance addressing objects allowed in front yards. He said the first part of the request relates to whether non-permanent play structures such as toddler swings and slides should be regulated by this ordinance and the second part is whether to allow permanent or semi-permanent structures, such as basketball goals, in front yards. Mr. Corder reminded the Council that in 2006 this issue was studied in-depth by UDADAC and during public hearings at P & Z. He said after receiving P & Z recommendations, the issue went before the Council. He said an ordinance was adopted which provided guidance on items allowed in the front yards. Mr. Corder said permanent or semi-permanent basketball goals are not allowed; however, temporary structures such as trampolines, soccer goals and other non-fixed recreational items are allowed. Page 3City of University Park July 2, 2013City Council Meeting Minutes Resident Erin Schreyer was called to speak. She said she and her family have lived on Colgate for the past two years and recently received a citation for their front-yard basketball goal. Ms. Schreyer said allowing this goal gives children a safe place play where they are in sight of their parents. She said the pole utilizes the safest technology in the market and has no risk of blowing over or falling down. She said the design is sleek, professional and unobtrusive. Ms. Schreyer stated that residents of her block gave unanimous approval of her request to keep the goal. She asked the Council to consider amending the ordinance to include language that allows removable goals. She said keeping children active is healthy, safe and in alignment with other goals of the City. Mayor Davis asked if the Schreyers had room in their side or rear yards to install the basketball hoop. Ms. Schreyer said no. She said children playing near alleys is unsafe. Mayor Pro Tem Clark asked if other types of goals were considered that did conform to the City's ordinance. She said goals fall in to three categories - fully portable goals with bases filled with water or sand, semi-permanent goals like the one she has installed, and finally, fully permanent goals which require the pole to be cemented into the ground. Mayor Pro Tem Clark asked Mr. Corder to explain the process to make this type of change to the Code of Ordinances. Mr. Corder said the City Council could direct staff to conduct a public hearing before P & Z, then forward their recommendation to the Council for another public hearing and possible adoption of an amending ordinance. Mayor Pro Tem Clark asked if there would be any merit in having a citizen committee review the request before sending it to P & Z. Councilmember Begert said the issue had already been thoroughly studied by the Urban Design and Development Advisory Commitee , by P & Z and by the City Council. Mayor Davis asked if there were any other comments regarding the discussion item. There were none and Mayor Davis said the item will be carried forward for further discussion to determine whether the item should be returned for action to the Council. 13-174F.Consider approval of a proposal from Tyler Technologies for purchase of the Brazos Electronic Citation Solution Director of Information Services Jim Criswell addressed the City Council. He briefed them on the electronic citation initiative. He said the system will allow traffic tickets to be imported into the City's court software electronically, rather than manually entering tickets as currently done. He said this will reduce error potential as well as free staff to perform other duties. Mr. Criswell said the system he and police department staff have chosen is sold by Brazos Technology and is used by more than 70 Texas cities, including Southlake, Coppell, Keller, and also by Dallas County. He said Police Officer Al Rosales surveyed seven local cities on their electronic ticket systems and five of them used Brazos and all of them highly recommended the system. Mr. Criswell said Brazos Technology representatives met with him , City Manager Livingston, Police Chief Adams, along with other PD and IT staff. Mr. Criswell said it was an impressive demonstration. Mr. Criswell said he recommended the purchase of ten handheld ticketwriters to be issued to traffic enforcement personnel. He said the City's existing five units will be Page 4City of University Park July 2, 2013City Council Meeting Minutes issued to the parking enforcement unit. Mr. Criswell stated that Brazos is a member of the NJPA and meets the bidding requirements of the City . He said the cost is $87,964 which will be funded through the Court Technology Fund and use no funds from the General Operating Fund. Mr. Criswell said $4 from every moving violation citation paid to the City's Municipal Court goes into this fund and can only be used for specific purchases. He said this purchase is an allowed use of the Court Technology Fund. He also stated there is approximately $88,000 in that fund currently and the fund replenishes at approximately $800 per month. A motion was made by Councilmember Moore, seconded by Councilmember Begert, that this Contract be approved. The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, and Councilmember Moore 4 - 13-176G.Consider and act on resolution renewing City investment policy Director of Finance Kent Austin addressed the Council about the annual renewal of the City's investment policy. He said the policy sets guidelines and boundaries in how the City manages and safeguards its investment portfolios. He said there were no legislative changes this year that impacted City investment policies. Mr. Austin said this is simply a renewal with no changes. He said the Finance Advisory Committee recommended City Council approval of the renewal at their June 20, 2013 meeting. There were no questions for Mr. Austin and Mayor Davis asked for a motion. A motion was made by Councilmember Begert, seconded by Mayor Pro Tem Clark, that this Resolution be adopted. The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, and Councilmember Moore 4 - 13-134H.DISCUSS: FY2014 budget calendar Kent Austin asked the Council to set dates for the formal budget adoption process . He stated he will formally transmit the budget to the Council and file with the City Secretary on August 6. Mr. Austin asked the Council to provide two meeting dates a quorum will be available to schedule two public hearings. He suggested August 27 and September 3, with possible adoption on September 10. The Council discussed their vacation schedules and it was determined that a quorum will be available on August 27, September 3, September 10 and September 17. Mr. Austin said he will schedule the public hearings. PUBLIC COMMENTSV. No one wished to address the Council under Public Comments. ADJOURNMENTVI. As there was no further business, Mayor Davis adjourned the meeting at 5:45 p.m. Page 5City of University Park July 2, 2013City Council Meeting Minutes Considered and Approved this 16th day of July 2013: _____________________________ Mayor W. Richard Davis ATTEST: _____________________________ Elizabeth Spector, City Secretary Page 6City of University Park 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0007_1_Agenda Memo - PH on PD 27 Amendment.docx 5:04 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Harry N. Persaud, MRPTI, AICP, Chief Planning Official SUBJECT: Public Hearing on a request by St. Christopher's Episcopal Church to amend the detailed site plan for Planned Development District PD-27 to provide for a children's playground. BACKGROUND: The subject tract is zoned Planned Development District PD-27 for the St. Christopher's Episcopal Church. Existing development and uses on the site includes the Church, a Montessori School and a children's playground located on the south portion of the site facing Westminster. The Church is requesting an amendment to the detailed site plan to enclose an existing courtyard located north of the Parish Hall to be used for another children's playground. The attached detailed site plan shows the proposed playground to be enclosed with an 8 feet board-on-board cedar fence and recreation equipment to be installed. Notices for the proposed amendment were mailed to 10 property owners located within 200 feet of the subject site and a public notice was posted in the Park Cities News on June 27, 2013. One response was received, opposed to the proposed amendment. RECOMMENDATION: Planning and Zoning Commission considered this item at its regular meeting on May 14, 2013 and voted unanimously to recommend approval. 60723 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 PLANNED DEVELOPMENT DISTRICT NO. 27 (PD-27) FOR THE PROPERTY DESCRIBED AS A TRACT OF LAND OF 183.5 FEET BY 177 FEET AND 172.8 FEET BY 171 FEET IN THE JEFFERSON TILLEY SURVEY, ABSTRACT NO. 1480, CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 2600 WESTMINSTER, UNIVERSITY PARK, TEXAS; APPROVING AN AMENDED DETAILED SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, be, and the same are hereby, amended so as to grant an amendment to Planned Development District No. 27 (PD-27) so as to approve an amended detailed site plan to provide for construction of a children’s playground north of the parish hall by enclosing an existing court yard of the St. Christopher Episcopal Church, on the property described as a tract of 183.5 feet by 177 feet and 172.8 feet by 171 feet in the Jefferson Tilley Survey, Abstract No. 1480, City of University Park, Dallas County, Texas, and more commonly known as 2600 Westminster, University Park, Texas. 60723 SECTION 2. That the amended detailed site plan depicting the above-described improvements is attached hereto as Exhibit “A” and made part hereof for all purposes the same as if fully copied herein. That such site plan contains the data required by the Comprehensive Zoning Ordinance. SECTION 3. That this Planned Development District is granted subject to the following special conditions: (a) That the property will be developed only in conformance with the requirements of this ordinance, the Comprehensive Zoning Ordinance as amended hereby and the approved amended detailed site plan; (b) That except as amended hereby, the detailed site plan approved by the granting of PD- 27, as heretofore amended, shall remain in full force and effect; and, (c) That the property will be used only for the purposes authorized by the Comprehensive Zoning Ordinance and PD-27, as amended. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, are repealed. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall 60723 be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of ____________ 2013. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ LIZ SPECTOR, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/05-17-13/60723) 60723 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 PLANNED DEVELOPMENT DISTRICT NO. 27 (PD-27) FOR THE PROPERTY DESCRIBED AS A TRACT OF LAND OF 183.5 FEET BY 177 FEET AND 172.8 FEET BY 171 FEET IN THE JEFFERSON TILLEY SURVEY, ABSTRACT NO. 1480, CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 2600 WESTMINSTER, UNIVERSITY PARK, TEXAS; APPROVING AN AMENDED DETAILED SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of __________ 2013. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY LABYRINTH WALKING PATH 12ft x 12ft x 8” 8FT T X 7FTW X 5FT DEEP LOG THEMED CRAWL TUBE DOUBLE TWIST AND SHOUT SLIDE 6ft x 3’11 x 3’4” (NEUTRAL COLORS EARTHTONES) 13FT LONG X 4FT WIDE X 8’6” TALL 8FT CEDAR BOARD ON BOARD FENCE STAINED CLASSIC CEDAR TONE (PICTURE SHOWS UNSTAINED) COPE JASON B 2649 LOVERS LN DALLAS, TX 752258205 NOTICE OF PUBLIC HEARING CASE # PZ 13-004 The Planning and Zoning Commission of the City of University Park will conduct a public hearing to consider a request by St. Christopher Episcopal Church to amend the detailed site plan for Planned Development District "PD-27" to provide for a children playground. The subject site is located north of Westminster Avenue and west of Central Expressway Service Road and situated at 2600 Westminster Aveniic, City of University Park, Dallas County, Texas. The public hearing is scheduled for 5:00 PM on Tuesday, May 14,2013, in the City gouncil Chamber, 3800 University Blvd., University Park. Texas. Interested parties are invited to attend the hearing and speak to the Commission. If you have any questions pertaining to this case, please call 214-987-5410. Your reply may be sent by mail or hand delivered to: Harry Persaud, Chief Planning Official, Community Development Department, City of University Park, 3800 University Blvd., University Park, TX 75205. ""Please Type or Use Black InkXX (Circle one) IN FAVOR UNDECIDED Name: (Please Print) Signature: Address: br~M-8 759 xtms Comments: Zoning Change and Amendment Process A request for a zoning change follows a two-step process designed to provide opportunities for citizen involveme~~t and comment. The first step following the submission of an application for a zoning change is to schedule a public hearing before the Planning and Zoning Commission. Landowners within two hundred (200) feet of the subject site are notified of the Planning and Zoning Commission public hearing. They are provided this response sheet and are invited to attend the public hearing to express their support or opposition to the request. Second, the request is forwarded to the City Council for final action following a recommendation from the Planning and Zoning Commission. If the owner(s) of more than twenty percent of the land area within two hundred feet of the site submit(s) written opposition, then a three-fourths vote of all the eligible members of the City Council is required to approve the zoning change. These forms are used to calculate the percentage of the property in opposition. N0TE:Site plans or zoning details proposed by the applicant, may change before or during a public hearing and after this notice. However, these changes must he minor and more restrictive. If they are not minor and more restrictive, another notice must he made. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0008_1_Agenda Memo - PD 27 Amendment.docx 5:05 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Harry N. Persaud, MRPTI, AICP, Chief Planning Official SUBJECT: Consider & Act on an ordinance amending the detailed site plan for Planned Development District PD-27 for the St. Christopher's Episcopal Church to provide for a children's playground BACKGROUND: Please see memo and attachment submitted for public hearing on the item. RECOMMENDATION: Planning and Zoning Commission considered this item at its regular meeting on May 14, 2013, and voted unanimously to recommend approval. 60723 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 PLANNED DEVELOPMENT DISTRICT NO. 27 (PD-27) FOR THE PROPERTY DESCRIBED AS A TRACT OF LAND OF 183.5 FEET BY 177 FEET AND 172.8 FEET BY 171 FEET IN THE JEFFERSON TILLEY SURVEY, ABSTRACT NO. 1480, CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 2600 WESTMINSTER, UNIVERSITY PARK, TEXAS; APPROVING AN AMENDED DETAILED SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, be, and the same are hereby, amended so as to grant an amendment to Planned Development District No. 27 (PD-27) so as to approve an amended detailed site plan to provide for construction of a children’s playground north of the parish hall by enclosing an existing court yard of the St. Christopher Episcopal Church, on the property described as a tract of 183.5 feet by 177 feet and 172.8 feet by 171 feet in the Jefferson Tilley Survey, Abstract No. 1480, City of University Park, Dallas County, Texas, and more commonly known as 2600 Westminster, University Park, Texas. 60723 SECTION 2. That the amended detailed site plan depicting the above-described improvements is attached hereto as Exhibit “A” and made part hereof for all purposes the same as if fully copied herein. That such site plan contains the data required by the Comprehensive Zoning Ordinance. SECTION 3. That this Planned Development District is granted subject to the following special conditions: (a) That the property will be developed only in conformance with the requirements of this ordinance, the Comprehensive Zoning Ordinance as amended hereby and the approved amended detailed site plan; (b) That except as amended hereby, the detailed site plan approved by the granting of PD- 27, as heretofore amended, shall remain in full force and effect; and, (c) That the property will be used only for the purposes authorized by the Comprehensive Zoning Ordinance and PD-27, as amended. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, are repealed. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall 60723 be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of ____________ 2013. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ LIZ SPECTOR, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/05-17-13/60723) 60723 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 PLANNED DEVELOPMENT DISTRICT NO. 27 (PD-27) FOR THE PROPERTY DESCRIBED AS A TRACT OF LAND OF 183.5 FEET BY 177 FEET AND 172.8 FEET BY 171 FEET IN THE JEFFERSON TILLEY SURVEY, ABSTRACT NO. 1480, CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 2600 WESTMINSTER, UNIVERSITY PARK, TEXAS; APPROVING AN AMENDED DETAILED SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of __________ 2013. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY LABYRINTH WALKING PATH 12ft x 12ft x 8” 8FT T X 7FTW X 5FT DEEP LOG THEMED CRAWL TUBE DOUBLE TWIST AND SHOUT SLIDE 6ft x 3’11 x 3’4” (NEUTRAL COLORS EARTHTONES) 13FT LONG X 4FT WIDE X 8’6” TALL 8FT CEDAR BOARD ON BOARD FENCE STAINED CLASSIC CEDAR TONE (PICTURE SHOWS UNSTAINED) 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0009_1_Agenda Memo Public Hearing.docx 5:05 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Chief Planning Official SUBJECT: Hold a public hearing on a request to amend the Special Sign District for the Plaza at Preston Center to allow for a specified number of colors for signage within the shopping center. BACKGROUND: City Council approved a comprehensive amendment to the special sign district for the Plaza at Preston Center on March 20, 2012 to include signage for the new office building and public library. The current special sign district does not include any provision limiting the number of colors for signage within the district. Recently, a sign permit for Sprinkles Cup Cakes was denied because the proposed signs provided for a total of eight colors in violation of Section 3.09.018 of the Sign Regulations as follows: “Signs shall be limited to not more than three (3) colors. For the purpose of this section, “sign” shall include the lighting or illumination, and, in the case of a sign placed on a building surface without any border and with its background the same color as the building surface, the color of the building surface shall not be considered as a color of the sign. Shades or blendings of color shall each constitute a separate color. Also, for the purposes of this section, black and white shall not be considered colors.” (1996 Code, sec. 12.220) Venture Commercial then requested an amendment to the Special Sign District to exclude certain items considered as “trade dress” from the definition of signage such as light fixtures, storefront colors and materials, and specific architectural features associated with a particular business. UDADAC considered the request at its June 11, 2013 meeting and concluded that it would be in the public interest to resolve the issue by increasing the number of colors for signage within the district. RECOMMENDATION: Urban Design and Development Advisory Committee (UDADAC) considered this item on 06.11.13 and voted 6 to 2 to recommend that signage within the shopping center be limited to not more than 10 colors. ORDINANCE NO.______________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE PLAZA AT PRESTON CENTER, TO ALLOW SIGNS TO CONTAIN NOT MORE THAN TEN (10) COLORS; 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. WHEREAS, the Urban Design and Development Advisory Committee of the City has considered a request for amendment of Ordinance No. 90/6, the Special Sign District for the Plaza at Preston Center, as heretofore amended; and WHEREAS, the Committee is of the opinion that such amendment will result in benefits to the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such special sign district should be amended as requested; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Urban Design and Development Advisory Committee has considered a request for amendment of Ordinance No. 90/6, which granted a Special Sign District for the Plaza at Preston Center, and such amendment has been approved by the Committee as beneficial to the public health, safety, and general welfare and in the interests of the City of University Park. The City Council hereby determines that ordinance No. 90/6, the Special Sign District for the Plaza at Preston Center, as heretofore amended, should be further amended in accordance with the following section. SECTION 2. The Special Sign District is amended to permit additional colors on signs, to wit: Signs shall be limited to not more than ten (10) colors. For the purposes of this section, “sign” shall include the lighting or illumination, and, in the case of a sign placed on a building surface without any border and with its background the same color as the building surface, the color of the building surface shall not be considered as a color of the sign. Shades or blendings of color shall each constitute a separate color. Also, for the purposes of this section, black and white shall not be considered colors. SECTION 3. Any provision of Ordinance No. 90/6, as heretofore amended, in conflict with the provisions of this ordinance with regard to the signage permitted for the Plaza at Preston Center is hereby repealed. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part of provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of ___________ 2013. APPROVED: ___________________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ________________________________ ___________________________________ CITY ATTORNEY LIZ SPECTOR, CITY SECRETARY (RLD/61044; 6-13-13) ORDINANCE ________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE PLAZA AT PRESTON CENTER, TO ALLOW SIGNS TO CONTAIN NOT MORE THAN TEN (10) COLORS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of _________ 2013. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ LIZ SPECTOR, CITY SECRETARY URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE MINUTES June 11, 2013 The Urban Design & Development Advisory Committee of the City of University Park met on Tuesday, June 11, 2013 at 1:30 P.M. at the Peek Service Center, 4420 Worcola Street, Dallas, Texas. The following are minutes of that meeting. Committee Members Attending: Staff Members Attending: Mike Culwell - Chairman Eurico Francisco Bud Smallwood – Public Works Director Doug Smellage Jacob Speer – Assistant Director of Public Works Spence Kendrick Robbie Corder – Community Development Director Diana Byrd Harry Persaud – Chief Planning Official Bruce Collins George Ertle – Assistant to the City Manager Brian Hammer Amanda Hartwick – Planning Technician Charlie Little Councilmember in Attendance: Guests: Bob Clark Mike Geisler, Representing the Plaza at Preston Center Absent and Excused: Jason Mackey Tom Weber William “Rusty” Goff Cindy Kipp 1. Call to Order Bud Smallwood opened the meeting at 1:35pm. 2. Discuss a Proposed Amendment to the Special Sign District for the Plaza at Preston Center Harry Persaud addressed the committee regarding the proposed amendment to the Special Sign District specifically concerning the signage for Sprinkles Cupcakes. Mr. Persaud indicated the limitations on the number of colors stipulated by the current ordinance did not allow for Sprinkles Cupcakes to sign their business in a manner consistent with other store locations. He indicated the “multi-colored dots” are Sprinkles Cupcakes logo / icons. Mr. Persaud suggested trade dress, i.e. national branding, no longer be considered as “signage” in the City’s sign ordinance. Discussion ensued regarding the consequences of removing trade dress from the sign ordinance and the definition of signage. Mr. Persaud reminded the committee the proposed amendment would affect only sign district for the Plaza at Preston Center and not the City’s sign ordinance He also indicated the committee could recommend allowing 9 -10 colors for the special sign district. Doug Smellage moved to change the wording of the special sign district regulations for the Plaza at Preston Center from “Signs shall be limited to not more than three (3) colors.” to “Signs shall be limited to no more than ten (10) colors.” Spence Kendrick seconded the motion. Six committee members voted in favor while two abstained. 3. Discuss a potential E-Waste drop-off location George Ertle addressed the committee regarding establishing a permanent location for electronic recycling rather than a bi-annual collection event. Discussion ensued and it was decided the best option would be to have both. 4. Review and Approve Minutes of the April 24, 2013 meeting Mr. Smellage moved to approve the minutes, and Mr. Kendrick seconded the motion. All members present voted in favor. 5. Adjournment The meeting was adjourned at 2:30pm. _______________________________ ____________________ M. Culwell, Chairman, Date U.D.A.D.A.C. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0010_1_Agenda Memo Consideration Item.docx 5:06 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Chief Planning Official SUBJECT: Consider an Ordinance amending the Special Sign District for the Plaza at Preston Center to allow signage to contain not more than ten colors. BACKGROUND: Please see memo submitted for public hearing on this item. RECOMMENDATION: Urban Design and Development Advisory Committee (UDADAC) considered this item on 06.11.13 and voted 6 to 2 to recommend that signage within the shopping center be limited to not more than 10 colors. ORDINANCE NO.______________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE PLAZA AT PRESTON CENTER, TO ALLOW SIGNS TO CONTAIN NOT MORE THAN TEN (10) COLORS; 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. WHEREAS, the Urban Design and Development Advisory Committee of the City has considered a request for amendment of Ordinance No. 90/6, the Special Sign District for the Plaza at Preston Center, as heretofore amended; and WHEREAS, the Committee is of the opinion that such amendment will result in benefits to the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such special sign district should be amended as requested; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Urban Design and Development Advisory Committee has considered a request for amendment of Ordinance No. 90/6, which granted a Special Sign District for the Plaza at Preston Center, and such amendment has been approved by the Committee as beneficial to the public health, safety, and general welfare and in the interests of the City of University Park. The City Council hereby determines that ordinance No. 90/6, the Special Sign District for the Plaza at Preston Center, as heretofore amended, should be further amended in accordance with the following section. SECTION 2. The Special Sign District is amended to permit additional colors on signs, to wit: Signs shall be limited to not more than ten (10) colors. For the purposes of this section, “sign” shall include the lighting or illumination, and, in the case of a sign placed on a building surface without any border and with its background the same color as the building surface, the color of the building surface shall not be considered as a color of the sign. Shades or blendings of color shall each constitute a separate color. Also, for the purposes of this section, black and white shall not be considered colors. SECTION 3. Any provision of Ordinance No. 90/6, as heretofore amended, in conflict with the provisions of this ordinance with regard to the signage permitted for the Plaza at Preston Center is hereby repealed. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part of provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of ___________ 2013. APPROVED: ___________________________________ W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: ________________________________ ___________________________________ CITY ATTORNEY LIZ SPECTOR, CITY SECRETARY (RLD/61044; 6-13-13) ORDINANCE ________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE PLAZA AT PRESTON CENTER, TO ALLOW SIGNS TO CONTAIN NOT MORE THAN TEN (10) COLORS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day of _________ 2013. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ LIZ SPECTOR, CITY SECRETARY 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0011_1_Agenda Memo - Community Center Definition.docx 5:06 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Harry N. Persaud, MRPTI, AICP, Chief Planning Official SUBJECT: Hold a public hearing on a proposed amendment to Section 40 of the Comprehensive Zoning Ordinance to repeal the current definition relating to Community Center (Public) and institute a new definition BACKGROUND: The 1988 zoning ordinance provided a definition of Community Center (Public) as follows: “A building and grounds owned and operated by the City of University Park for the social and recreational benefit of the citizens”. That definition is now in the current zoning ordinance. Staff is proposing to amend the ordinance to provide for a new and broader definition of Community Center (Public) as follows: “A building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit organization or agency”. A public notice for the proposed amendment was published in the Park Cities news on May 30 and June 27, 2013, as required by State Law and the Comprehensive Zoning ordinance. RECOMMENDATION: Planning and Zoning Commission considered this item at its regular meeting on June 11, 2013 and voted unanimously to recommend approval. ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 40 ‘GENERAL DEFINITIONS” IN PART, TO PROVIDE A DEFINITION OF COMMUNITY CENTER (PUBLIC); 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 have forwarded a full and fair hearing to all property owners generally, and City Council of the City of University Park is of the opinion and finds that said zoning changes should be granted and that the Comprehensive Zoning Ordinance 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 of the City of University Park, Texas, is hereby amended by amending Section 40 “General Definitions” in part to provide a definition of “Community Center (Public)” as follows: “Section 40 General Definitions … Community Center (Public) means a building used for recreational, social, educational and cultural activities, which is open to the public or a designated part of the public, and is usually owned and operated by a public or nonprofit organization or agency. ….” SECTION 2. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or the Comprehensive Zoning Ordinance, 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 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of July 2013. [SIGNATURES ON FOLLOWING PAGE] APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ LIZ SPECTOR, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (RLD/07/10/13)(61361) ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 40 “GENERAL DEFINITIONS” IN PART, TO PROVIDE A DEFINITION OF COMMUNITY CENTER (PUBLIC); 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 16th day of July 2013. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ LIZ SPECTOR, CITY SECRETARY 1 PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES June 11, 2013 The Planning and Zoning Commission of the City of University Park met on Tuesday, June 11, 2013 at 3:30 P.M. 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 Doug Roach Harry Persaud, Chief Planning Official Kim Kohler Amanda Hartwick, Planning Technician Mark Aldredge Rob Dillard, City Attorney Randy Biddle Present and Seated in Audience Jerry Jordan Neil Harris Liz Farley The work session, which was open to the public, was called to order at 3:30 P.M. At 3:35 P.M., pursuant to Section 551.071 (2) of the Texas Government Code, the Chairman adjourned the Commission into a closed executive session for the purpose of seeking confidential legal advice from the City Attorney with regard to the items on the agenda. No action was taken in the closed executive session. The closed executive session was concluded at 3:58 P.M. and the Commission returned to open session Mr. Harry Persaud reviewed the cases based on the staff report, and presented PowerPoint slides regarding case PZ 13-003. In addition, there was a brief review of a similar lighting case in Southlake. No action was taken. The work session was closed at 4:45 P.M. At 5:00 P.M. Chairman West opened the formal public hearing in accordance with the published agenda, welcomed everyone in attendance, and introduced the members of the Commission present. He then read the first case before the Commission: PZ 13-005: Hold a public hearing and consider a proposed amendment to Section 40 of the Comprehensive Zoning Ordinance to repeal the current definition relating to Community Center (Public) and institute a new definition. Chairman West opened the floor for comments. Mr. Persaud approached the podium and stated that staff recommended approval of the amendment. With no further comments, the public hearing was closed. Mr. Mark Aldredge made a motion to approve the proposed amendment. Mr. Randy Biddle seconded. With a vote of 5-0 the amendment was approved. 2 Chairman West then read the second case before the Commission: PZ 13-006: Consider approval of a re-plat for a tract of 1.38 acres situated south of Normandy Avenue between Lomo Alto and Roland Avenue, being Lots 1-7, Block C, Potomac Park Second Installment, City of University Park, Dallas County, Texas. He then opened the floor for comments from staff. Mr. Persaud approached the podium and stated that a re-plat was required following the approval of the PD amendment, which changed the zoning to 9 lots with zero lot lines. He recommended approval of the plat. With no further comments, the public hearing was closed. Chairman West made a motion to approve the re-plat. Mr. Kim Kohler seconded. With a vote of 5-0 the re-plat was approved. Chairman West then read the third case before the Commission: PZ 13-003: Hold a public hearing and consider a request by Highland Park Independent School District to amend Planned Development District “PD-25” to install athletic lighting for the ball field and tennis courts. The subject site is zoned Planned Development District “PD-25” and located south of Druid Lane and east of Westchester Drive, in the City of University Park, Dallas County, Texas. Mr. Persaud approached the podium and gave a short briefing on the case. He explained that HPISD brought the case to the Planning and Zoning Commission in April of 2011. After a lengthy public hearing the case was withdrawn and has now been brought back for consideration. Mr. Persaud advised that the purpose of the hearing is to receive comments and pass on a recommendation to City Council when ready. Mr. Persaud then introduced guests to speak on behalf of the case, including Jerry Sutterfied, the athletic director for HPISD, and representatives from Musco Lighting, Zack Strong and Richard Wadlow. Mr. Sutterfield approached the podium and presented a brief PowerPoint presentation which showed graphics and layout of the proposed lighting. He explained that the school district would like to provide the best facilities to the students, and feels the addition of the lighting is necessary. He stated the school district has been working closely with Musco Lighting and city staff to re-design the lighting plan which was originally presented in 2011. In addition, HPISD has taken into consideration resident feedback to minimize impact to surrounding property owners by limiting sound system use, upgrading poles, limiting non-school use to youth only, and limiting light spillover with pole design and technology. He added that in March of 2013, a formal Title 9 complaint was received regarding the lack of lighting to the girls’ softball field and tennis courts. He then turned over the floor to Richard Wadlow with Musco Lighting. Mr. Wadlow presented an overview of Musco company history and products, including a chart depicting an evolution of light control. He explained that visors had been added to the lights to minimize glare. The visors have reflectors which direct the light to the field. He also discussed the pole system which is designed to minimize pole failure and can withstand up to 120 MPH wind. He added that the visor design can minimize foot-candles to .29 off-site. He then presented comparison photos showing reduced glare using the light poles with this technology. Chairman West opened the floor for those wanting to speak in favor of the proposed amendment. 3 Ms. Rennie Orr, who resides at 3724 Purdue, approached the podium and explained that she is a catcher for the varsity softball team. She stated that because the fields are currently un-lighted, the JV team is often unavailable to finish their games or sometimes not able to play at all. In addition, many working parents are unable to attend games because of the early start times. Ms. Julianna Szuwalski, who resides at 3604 University, approached the podium and stated she is a catcher for the JV team. She explained that the boys’ baseball field is lighted and in turn the team has been to more playoffs. She feels the girls’ team should be given the same opportunity. In addition, the girls’ team currently has to travel for games and miss class time. The lighting would allow for more home games and less missed class time. Mr. Michael Jackson, who resides at 3724 Villanova, approached the podium and stated his daughter is a freshman softball player. He explained that the JV girls are at a disadvantage because the fields are un-lighted. The team often has to travel to use other fields and these are frequently in unsafe areas. Ms. Grayson Rutherford, who resides at 4301 Druid, approached the podium and stated she is on the JV team, and will be a sophomore next year. She explained that she has lived across the street from the football field for about 7 years and has never had any issues with the lighting at the football field. Mr. Paris Rutherford, who resides at 4301 Druid, approached the podium and stated that the family knew when they bought the home that it was near the high school. He explained that the sound and lighting have never been an issue with the family, as they were aware both would come with living in the vicinity of the school. He continued by saying that he does not believe the football field lighting has the same technology as what is being proposed here, and therefore should be much less of an impact to the neighbors around the proposed area. Mr. Mark Strickland, who resides at 2920 Bryn Mawr, approached the podium and stated he was present on behalf of the tennis team. His daughter will be a senior next year and plays on the tennis team. He stated the team will be competing for its 6th state championship title this year, and the lack of lighting prevents training. He said the team is forced to practice in the Fair Park area at times, and they have had vehicles broken into while there. Mr. Steve Orr, who resides at 3724 Purdue, approached the podium. He stated that he has been a resident of University Park for 16 years and has 3 daughters that have attended HPISD schools. He is involved with the HP Bombers, a club softball team, which provides an off-season outlet for the high school team. He explained that the team suffers with increased travel costs, diminished fan base, and missed class time due to the lack of lighting at the school field. He then asked that the commission consider approval of the proposed lighting. Mr. Andy Szuwalski, who resides at 3604 University, approached the podium and stated he has 2 daughters that currently play softball. He explained that when the parking garage was approved for the Presidential Center, there were measurements put in place to minimize the adverse affects to neighbors around the area, and similarly measurements have been taken by HPISD to 4 minimize affects to the neighbors on Druid. He expressed that the benefits outweigh any adverse affects and the commission should consider approval. Mr. John Hall, who resides at 4116 Greenbrier, approached the podium and stated that the softball program has been a healthy outlet for the girls. He believes that the schools are the foundation of the community and athletics is a big part of that. He explained that the football stadium and baseball field both have lights and also border more homes, than the softball field and tennis courts. He proposed that if the lighting is approved, then the JV softball team could begin games at 5:00 PM, and Varsity could in turn start by 7:00 PM so that the lights could be off no later than 9:00 PM. In addition, he offered to purchase season tickets for the surrounding homeowners. Mr. Chris Murzin, who resides at 3709 Hanover, approached the podium and stated that he is the head coach for the 4th grade Pink Panthers team. He reiterated comments of previous speakers, expressing the value the softball program brings to the community, and that the girls should have the same facilities as the boys. Ms. Grace Shike, who resides at 2908 McFarlin, approached the podium and stated she is the senior captain of the varsity softball team. She explained that she has had to miss classes because the games have to start early, and that she feels the lights will help to grow the program. Chairman West asked if city staff would provide a summary of the notice responses received. Mr. Persaud stated that prior to the public hearing he had received an additional notice letter, which brought the final total to 19 opposed, and 2 in favor. Chairman West then called for a 10 minute recess. At 6:00 P.M. the meeting was reconvened. Chairman West opened the floor for those wanting to speak in opposition to the proposed amendment. Ms. Christie Haggard, who resides at 4112 Druid, approached the podium and explained that she purchased her home in 1998. Later, when the field was put in, city staff assured her and other neighbors that the fields would not be lighted. Ms. Haggard then distributed documents to the commission with her recommendations for the lighting. The recommendation included implementation of restrictions similar to Ursuline soccer field. In addition, the recommendation included an extension of residential parking hours to ensure those using the fields will use the parking garages, and restriction of evening and weekend use to students only. Ms. Haggard explained that last Sunday a group of adults were using the field for batting practice and she could hear them inside her home. Mr. Morton Newman, who resides at 6725 Golf, approached the podium and stated that he owns a property at 4128 Druid. He explained that the nearest proposed light pole is only 80 feet away from his home, and the lighting will bring on adverse affects including attendant noise, and increased traffic. He then presented photos of lighting at Trinity University, which he stated were comparable to the proposed lighting. The photos were taken from a home 174 feet from the closest pole. Mr. Newman distributed handouts to the commission which included minutes from the November 2, 1999 City Council Meeting. The minutes reflect that “lighting of the field and 5 tennis courts is not permitted.” Mr. Newman advised that the lighting will cause a reduction in property values for the neighboring properties. In addition, he stated that he does not believe Title 9 is applicable to this case. He encouraged the commission to deny the proposed lighting. Mr. Matt Klein, who resides at 4138 Druid, approached the podium and stated that he has 2 children, ages 3 and 5 years old. He explained that his children go to bed at 7 PM, and the proposed lighting until 9 PM is too late in his opinion. He added that he is a graduate of Highland Park High School and played sports while there, so he understands both sides. Dr. Sharman Beasley, who owns the property at 4132 Druid, approached the podium and stated that she purchased the property in 1974. At that time there were apartments across the street from the home. She expressed that she has been an educator for 45 years and while she understands the importance of athletics, she feels the home is an oasis and the proposed lighting would be detrimental to this. Chairman West stated that the Planning and Zoning Commission is a recommending body, and the case will move to City Council at a later date. He then asked for HPISD to make a response to the opposing comments. Mr. Sutterfield once again approached the podium and stated that the loss of class time creates an issue of gender equality because the male athletes are able to start their games later and therefore do not suffer with missing class time. Mr. Biddle made a motion to close the public hearing, and Mr. Kohler seconded. Chairman West opened the floor to questions from the Commission. Mr. Kohler asked what changes in technology have been put in place since the original submission in 2011. Mr. Zach Strong, with Musco, approached the podium and explained that the visors on the poles have been updated to wrap around and cut off lighting spillover from the sides of the lights. Mr. Kohler then stated that lacrosse was mentioned in some of the original documentation but that it had not been addressed in the current hearing. Mr. Sutterfield explained that the field can only be used for practice and is not configured for regular games. Chairman West asked for clarification of the “no adult use” restriction. Mr. Sutterfield stated that the lighting would be used for youth games only. A discussion then ensued regarding adult use and how the fields are secured to ensure they are not being used by unauthorized persons. Mr. Sutterfield expressed that facility employees walk the campus until 10 P.M. daily to monitor the locks. Mr. Roach asked how many nights per week HPISD is anticipating the lights will be used. Mr. Sutterfield responded that they will most likely be on 4-5 days per week. Mr. West asked if the fields get non-resident use. Mr. Sutterfield responded that they are not currently being using by non-resident groups, and that residents get first priority in renting the facilities. Mr. Kohler asked if HPISD would consider not renting to outside groups. Mr. Sutterfield expressed that he does not think it would be beneficial to the students and the community to restrict use to school use only. 6 Mr. Roach explained that the document received from Ms. Haggard states that a 75 foot light pole can wash an entire property in glare. Mr. Wadlow responded by stating that the poles are installed to minimize glare but there will always be some glare. A discussion then ensued regarding the comparison of this proposed project to the recent lighting project at Ursuline. Mr. Wadlow expressed that Musco was not involved in that project. Mr. Wadlow then added final comments regarding a computer system which will control the shut-off of the lights at 9 P.M. He explained that the system will turn the lights off at the designated time and only an authorized person will be able to override the program. Mr. Morton Newman approached the podium and asked to make a few more comments. Chairman West allowed him to continue. Mr. Newman stated that Trinity University has the latest technology and the photos he previously presented are not outdated, reiterating that the photos are representative of the same light poles being proposed. Chairman West asked for the representatives from Musco to address this statement. Mr. Strong approached the podium and stated that every project is unique. He explained that Musco has over 5,200 different types of fixtures so he cannot say for certain that the light poles shown by Mr. Newman are the same ones being proposed. A discussion ensured regarding spillover for the proposed lighting. Mr. Persaud recommended that Musco provide spillover information in a format which could be publicly presented. Chairman West agreed and asked that the applicant provide this for the next scheduled meeting of July 9th, 2013. He then announced that the case would be tabled until that date. Minutes of the May 14, 2013 Planning & Zoning Commission meeting were reviewed. Mr. Biddle made a motion to approve the minutes. Mr. Aldredge seconded the motion. The minutes were approved with a 5-0 vote. With there being no further business before the Commission, Chairman West adjourned the meeting at approximately 6:53 P.M. ________________________________ Robert H. West, Chairman Planning & Zoning Commission Date____________________________ 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0012_1_Agenda Memo Community Center Action 7_16_13.docx 5:06 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Harry N. Persaud, MRPTI, AICP, Chief Planning Official SUBJECT: Consider and Act: ordinance amending Section 40 of the Comprehensive Zoning Ordinance to repeal the current definition relating to Community Center (Public) and institute a new definition. BACKGROUND: Please see memo and attachments submitted for public hearing on this item. RECOMMENDATION: Planning and Zoning Commission considered this item at its regular meeting on June 11, 2013 and voted unanimously to recommend approval. ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 40 ‘GENERAL DEFINITIONS” IN PART, TO PROVIDE A DEFINITION OF COMMUNITY CENTER (PUBLIC); 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 have forwarded a full and fair hearing to all property owners generally, and City Council of the City of University Park is of the opinion and finds that said zoning changes should be granted and that the Comprehensive Zoning Ordinance 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 of the City of University Park, Texas, is hereby amended by amending Section 40 “General Definitions” in part to provide a definition of “Community Center (Public)” as follows: “Section 40 General Definitions … Community Center (Public) means a building used for recreational, social, educational and cultural activities, which is open to the public or a designated part of the public, and is usually owned and operated by a public or nonprofit organization or agency. ….” SECTION 2. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or the Comprehensive Zoning Ordinance, 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 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of July 2013. [SIGNATURES ON FOLLOWING PAGE] APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ LIZ SPECTOR, CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY (RLD/07/10/13)(61361) ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 40 “GENERAL DEFINITIONS” IN PART, TO PROVIDE A DEFINITION OF COMMUNITY CENTER (PUBLIC); 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 16th day of July 2013. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ LIZ SPECTOR, CITY SECRETARY 1 PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES June 11, 2013 The Planning and Zoning Commission of the City of University Park met on Tuesday, June 11, 2013 at 3:30 P.M. 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 Doug Roach Harry Persaud, Chief Planning Official Kim Kohler Amanda Hartwick, Planning Technician Mark Aldredge Rob Dillard, City Attorney Randy Biddle Present and Seated in Audience Jerry Jordan Neil Harris Liz Farley The work session, which was open to the public, was called to order at 3:30 P.M. At 3:35 P.M., pursuant to Section 551.071 (2) of the Texas Government Code, the Chairman adjourned the Commission into a closed executive session for the purpose of seeking confidential legal advice from the City Attorney with regard to the items on the agenda. No action was taken in the closed executive session. The closed executive session was concluded at 3:58 P.M. and the Commission returned to open session Mr. Harry Persaud reviewed the cases based on the staff report, and presented PowerPoint slides regarding case PZ 13-003. In addition, there was a brief review of a similar lighting case in Southlake. No action was taken. The work session was closed at 4:45 P.M. At 5:00 P.M. Chairman West opened the formal public hearing in accordance with the published agenda, welcomed everyone in attendance, and introduced the members of the Commission present. He then read the first case before the Commission: PZ 13-005: Hold a public hearing and consider a proposed amendment to Section 40 of the Comprehensive Zoning Ordinance to repeal the current definition relating to Community Center (Public) and institute a new definition. Chairman West opened the floor for comments. Mr. Persaud approached the podium and stated that staff recommended approval of the amendment. With no further comments, the public hearing was closed. Mr. Mark Aldredge made a motion to approve the proposed amendment. Mr. Randy Biddle seconded. With a vote of 5-0 the amendment was approved. 2 Chairman West then read the second case before the Commission: PZ 13-006: Consider approval of a re-plat for a tract of 1.38 acres situated south of Normandy Avenue between Lomo Alto and Roland Avenue, being Lots 1-7, Block C, Potomac Park Second Installment, City of University Park, Dallas County, Texas. He then opened the floor for comments from staff. Mr. Persaud approached the podium and stated that a re-plat was required following the approval of the PD amendment, which changed the zoning to 9 lots with zero lot lines. He recommended approval of the plat. With no further comments, the public hearing was closed. Chairman West made a motion to approve the re-plat. Mr. Kim Kohler seconded. With a vote of 5-0 the re-plat was approved. Chairman West then read the third case before the Commission: PZ 13-003: Hold a public hearing and consider a request by Highland Park Independent School District to amend Planned Development District “PD-25” to install athletic lighting for the ball field and tennis courts. The subject site is zoned Planned Development District “PD-25” and located south of Druid Lane and east of Westchester Drive, in the City of University Park, Dallas County, Texas. Mr. Persaud approached the podium and gave a short briefing on the case. He explained that HPISD brought the case to the Planning and Zoning Commission in April of 2011. After a lengthy public hearing the case was withdrawn and has now been brought back for consideration. Mr. Persaud advised that the purpose of the hearing is to receive comments and pass on a recommendation to City Council when ready. Mr. Persaud then introduced guests to speak on behalf of the case, including Jerry Sutterfied, the athletic director for HPISD, and representatives from Musco Lighting, Zack Strong and Richard Wadlow. Mr. Sutterfield approached the podium and presented a brief PowerPoint presentation which showed graphics and layout of the proposed lighting. He explained that the school district would like to provide the best facilities to the students, and feels the addition of the lighting is necessary. He stated the school district has been working closely with Musco Lighting and city staff to re-design the lighting plan which was originally presented in 2011. In addition, HPISD has taken into consideration resident feedback to minimize impact to surrounding property owners by limiting sound system use, upgrading poles, limiting non-school use to youth only, and limiting light spillover with pole design and technology. He added that in March of 2013, a formal Title 9 complaint was received regarding the lack of lighting to the girls’ softball field and tennis courts. He then turned over the floor to Richard Wadlow with Musco Lighting. Mr. Wadlow presented an overview of Musco company history and products, including a chart depicting an evolution of light control. He explained that visors had been added to the lights to minimize glare. The visors have reflectors which direct the light to the field. He also discussed the pole system which is designed to minimize pole failure and can withstand up to 120 MPH wind. He added that the visor design can minimize foot-candles to .29 off-site. He then presented comparison photos showing reduced glare using the light poles with this technology. Chairman West opened the floor for those wanting to speak in favor of the proposed amendment. 3 Ms. Rennie Orr, who resides at 3724 Purdue, approached the podium and explained that she is a catcher for the varsity softball team. She stated that because the fields are currently un-lighted, the JV team is often unavailable to finish their games or sometimes not able to play at all. In addition, many working parents are unable to attend games because of the early start times. Ms. Julianna Szuwalski, who resides at 3604 University, approached the podium and stated she is a catcher for the JV team. She explained that the boys’ baseball field is lighted and in turn the team has been to more playoffs. She feels the girls’ team should be given the same opportunity. In addition, the girls’ team currently has to travel for games and miss class time. The lighting would allow for more home games and less missed class time. Mr. Michael Jackson, who resides at 3724 Villanova, approached the podium and stated his daughter is a freshman softball player. He explained that the JV girls are at a disadvantage because the fields are un-lighted. The team often has to travel to use other fields and these are frequently in unsafe areas. Ms. Grayson Rutherford, who resides at 4301 Druid, approached the podium and stated she is on the JV team, and will be a sophomore next year. She explained that she has lived across the street from the football field for about 7 years and has never had any issues with the lighting at the football field. Mr. Paris Rutherford, who resides at 4301 Druid, approached the podium and stated that the family knew when they bought the home that it was near the high school. He explained that the sound and lighting have never been an issue with the family, as they were aware both would come with living in the vicinity of the school. He continued by saying that he does not believe the football field lighting has the same technology as what is being proposed here, and therefore should be much less of an impact to the neighbors around the proposed area. Mr. Mark Strickland, who resides at 2920 Bryn Mawr, approached the podium and stated he was present on behalf of the tennis team. His daughter will be a senior next year and plays on the tennis team. He stated the team will be competing for its 6th state championship title this year, and the lack of lighting prevents training. He said the team is forced to practice in the Fair Park area at times, and they have had vehicles broken into while there. Mr. Steve Orr, who resides at 3724 Purdue, approached the podium. He stated that he has been a resident of University Park for 16 years and has 3 daughters that have attended HPISD schools. He is involved with the HP Bombers, a club softball team, which provides an off-season outlet for the high school team. He explained that the team suffers with increased travel costs, diminished fan base, and missed class time due to the lack of lighting at the school field. He then asked that the commission consider approval of the proposed lighting. Mr. Andy Szuwalski, who resides at 3604 University, approached the podium and stated he has 2 daughters that currently play softball. He explained that when the parking garage was approved for the Presidential Center, there were measurements put in place to minimize the adverse affects to neighbors around the area, and similarly measurements have been taken by HPISD to 4 minimize affects to the neighbors on Druid. He expressed that the benefits outweigh any adverse affects and the commission should consider approval. Mr. John Hall, who resides at 4116 Greenbrier, approached the podium and stated that the softball program has been a healthy outlet for the girls. He believes that the schools are the foundation of the community and athletics is a big part of that. He explained that the football stadium and baseball field both have lights and also border more homes, than the softball field and tennis courts. He proposed that if the lighting is approved, then the JV softball team could begin games at 5:00 PM, and Varsity could in turn start by 7:00 PM so that the lights could be off no later than 9:00 PM. In addition, he offered to purchase season tickets for the surrounding homeowners. Mr. Chris Murzin, who resides at 3709 Hanover, approached the podium and stated that he is the head coach for the 4th grade Pink Panthers team. He reiterated comments of previous speakers, expressing the value the softball program brings to the community, and that the girls should have the same facilities as the boys. Ms. Grace Shike, who resides at 2908 McFarlin, approached the podium and stated she is the senior captain of the varsity softball team. She explained that she has had to miss classes because the games have to start early, and that she feels the lights will help to grow the program. Chairman West asked if city staff would provide a summary of the notice responses received. Mr. Persaud stated that prior to the public hearing he had received an additional notice letter, which brought the final total to 19 opposed, and 2 in favor. Chairman West then called for a 10 minute recess. At 6:00 P.M. the meeting was reconvened. Chairman West opened the floor for those wanting to speak in opposition to the proposed amendment. Ms. Christie Haggard, who resides at 4112 Druid, approached the podium and explained that she purchased her home in 1998. Later, when the field was put in, city staff assured her and other neighbors that the fields would not be lighted. Ms. Haggard then distributed documents to the commission with her recommendations for the lighting. The recommendation included implementation of restrictions similar to Ursuline soccer field. In addition, the recommendation included an extension of residential parking hours to ensure those using the fields will use the parking garages, and restriction of evening and weekend use to students only. Ms. Haggard explained that last Sunday a group of adults were using the field for batting practice and she could hear them inside her home. Mr. Morton Newman, who resides at 6725 Golf, approached the podium and stated that he owns a property at 4128 Druid. He explained that the nearest proposed light pole is only 80 feet away from his home, and the lighting will bring on adverse affects including attendant noise, and increased traffic. He then presented photos of lighting at Trinity University, which he stated were comparable to the proposed lighting. The photos were taken from a home 174 feet from the closest pole. Mr. Newman distributed handouts to the commission which included minutes from the November 2, 1999 City Council Meeting. The minutes reflect that “lighting of the field and 5 tennis courts is not permitted.” Mr. Newman advised that the lighting will cause a reduction in property values for the neighboring properties. In addition, he stated that he does not believe Title 9 is applicable to this case. He encouraged the commission to deny the proposed lighting. Mr. Matt Klein, who resides at 4138 Druid, approached the podium and stated that he has 2 children, ages 3 and 5 years old. He explained that his children go to bed at 7 PM, and the proposed lighting until 9 PM is too late in his opinion. He added that he is a graduate of Highland Park High School and played sports while there, so he understands both sides. Dr. Sharman Beasley, who owns the property at 4132 Druid, approached the podium and stated that she purchased the property in 1974. At that time there were apartments across the street from the home. She expressed that she has been an educator for 45 years and while she understands the importance of athletics, she feels the home is an oasis and the proposed lighting would be detrimental to this. Chairman West stated that the Planning and Zoning Commission is a recommending body, and the case will move to City Council at a later date. He then asked for HPISD to make a response to the opposing comments. Mr. Sutterfield once again approached the podium and stated that the loss of class time creates an issue of gender equality because the male athletes are able to start their games later and therefore do not suffer with missing class time. Mr. Biddle made a motion to close the public hearing, and Mr. Kohler seconded. Chairman West opened the floor to questions from the Commission. Mr. Kohler asked what changes in technology have been put in place since the original submission in 2011. Mr. Zach Strong, with Musco, approached the podium and explained that the visors on the poles have been updated to wrap around and cut off lighting spillover from the sides of the lights. Mr. Kohler then stated that lacrosse was mentioned in some of the original documentation but that it had not been addressed in the current hearing. Mr. Sutterfield explained that the field can only be used for practice and is not configured for regular games. Chairman West asked for clarification of the “no adult use” restriction. Mr. Sutterfield stated that the lighting would be used for youth games only. A discussion then ensued regarding adult use and how the fields are secured to ensure they are not being used by unauthorized persons. Mr. Sutterfield expressed that facility employees walk the campus until 10 P.M. daily to monitor the locks. Mr. Roach asked how many nights per week HPISD is anticipating the lights will be used. Mr. Sutterfield responded that they will most likely be on 4-5 days per week. Mr. West asked if the fields get non-resident use. Mr. Sutterfield responded that they are not currently being using by non-resident groups, and that residents get first priority in renting the facilities. Mr. Kohler asked if HPISD would consider not renting to outside groups. Mr. Sutterfield expressed that he does not think it would be beneficial to the students and the community to restrict use to school use only. 6 Mr. Roach explained that the document received from Ms. Haggard states that a 75 foot light pole can wash an entire property in glare. Mr. Wadlow responded by stating that the poles are installed to minimize glare but there will always be some glare. A discussion then ensued regarding the comparison of this proposed project to the recent lighting project at Ursuline. Mr. Wadlow expressed that Musco was not involved in that project. Mr. Wadlow then added final comments regarding a computer system which will control the shut-off of the lights at 9 P.M. He explained that the system will turn the lights off at the designated time and only an authorized person will be able to override the program. Mr. Morton Newman approached the podium and asked to make a few more comments. Chairman West allowed him to continue. Mr. Newman stated that Trinity University has the latest technology and the photos he previously presented are not outdated, reiterating that the photos are representative of the same light poles being proposed. Chairman West asked for the representatives from Musco to address this statement. Mr. Strong approached the podium and stated that every project is unique. He explained that Musco has over 5,200 different types of fixtures so he cannot say for certain that the light poles shown by Mr. Newman are the same ones being proposed. A discussion ensured regarding spillover for the proposed lighting. Mr. Persaud recommended that Musco provide spillover information in a format which could be publicly presented. Chairman West agreed and asked that the applicant provide this for the next scheduled meeting of July 9th, 2013. He then announced that the case would be tabled until that date. Minutes of the May 14, 2013 Planning & Zoning Commission meeting were reviewed. Mr. Biddle made a motion to approve the minutes. Mr. Aldredge seconded the motion. The minutes were approved with a 5-0 vote. With there being no further business before the Commission, Chairman West adjourned the meeting at approximately 6:53 P.M. ________________________________ Robert H. West, Chairman Planning & Zoning Commission Date____________________________ 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0013_1_Agenda Memo - Items in Front Yards.docx 5:07 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Robbie Corder, Director of Community Development SUBJECT: Consider and Act: objects allowed in the required front yard under the City's Comprehensive Zoning Ordinance BACKGROUND: Section 21-100 (4) (b) of the comprehensive zoning ordinance regulates features allowed within the required front yard of residential properties. Various amendments have been made to this ordinance to address development rights within the front yard. Most recently the ordinance was amended in 2006 to clearly identify which features (i.e art, flagpoles, columns, etc) would be allowed in the front yard. Meeting minutes from the 2006 City Council meetings are attached. Staff has received two requests to reexamine this section of the ordinance. The first request is to determine whether temporary recreational items should be regulated under the zoning ordinance. In 2006, the City Council determined that temporary recreational items would not be regulated; therefore, pitching nets, trampolines, children’s play equipment, and basketball goals not affixed in or on the ground were permitted in the front yard. The second request is from a University Park resident, Erin Schreyer, who resides at 3301 Colgate. A notice of code violation was issued to Mr. & Mrs. Schreyer for a basketball goal installed in the front yard. They are asking the City Council to consider adopting regulations that would permit the type of basketball installation at their residence. This item was presented to the City Council on July 2, and staff is requesting Council direction regarding these two requests. RECOMMENDATION: Staff requests direction from City Council on this item. June 11, 2013 To: Mr.Bob Livingston, University Park , City Manager From: The Schreyer Family 3301 Colgate Ave., University Park RE: Basketball hoop Dear Mr. Livingston and esteemed City Council, Our family has lived in University Park for just under two years, after moving here from our hometown of Cincinnati, Ohio. We chose this community for its family appeal, excellent schools, and beautiful homes and parks. We are proud to be part of this community. We paid a premium price for our home, simply becauseAitAisAinAUniversityAPark,AandAweAbelieveAit’sAworthAtheAinvestment.AAIt’sAcertainlyAourA desire to protect this investment with care and attention to detail; to ensure our home, like others, maintains standards, and also to protect our children’sAsafety. On June 8, 2013, we received a letter in the mail stating that we are in violation of a Zoning Ordinance. The code violation states, basketball net placed in the front drive will need to be removed. Only freestanding nets are allowed. We were also directed to Section 21-22 of the Zoning Ordinance, which makes no specific mention of basketball hoops and does not, with clarity, provide guidance or appropriateness of such a piece of sporting equipment. With that in mind, our family researched basketball hoops. We found that there are three categories of hoops: 1. Portable – a basketball goal with a large plastic or fiberglass base, which is typically filled with at least 50 gallons of sand or water for added stability. Some units include wheels, which may be helpful for movement, only after all water and sand has been removed,AthusAdecreasingAtheAweightAtoAaA“moveable”AnumberAofApounds. 2. Permanent – a basketball goal that requires a large hole to be dug, in which concrete is poured around a metal pole structure to support the hoop. Because the concrete is poured directly around the pole, it requires concrete to be broken and removed in order to also remove the basketball hoop. 3. Replaceable – a concrete base is poured into a hole dug into the ground. On top of the flat base is a metal plate that is affixed to the concrete, also laying flat. A basketball pole and hoop (in one structure) are bolted to the metal plate with four large bolts. The benefit of this category of hoop is that when the hoop becomes old, outdated, broken or no longer used, it can easily be removed from the plate by loosening the four bolts. A new and improved basketball goal can be affixed to the same plate, or the plate can simply remain flat on the ground without anything. I have attached a photo of our current basketball goal, which is replaceable. I have also included a close up view of the base. This basketball hoop is one of the highest-quality hoops made. It has great technology, as well as a sleek and professional appearance. Not only that, but it is a SAFE option for our children and their friends. The backboard is shatter-proof,AandAtheApole,AbecauseAofAhowAit’sA secured, cannot be pulled over and topple them. Through research and conversations with several City employees, it has been explained to me that only a fully portable basketball hoop is compliant with City regulations. Below is a photoAofAtheAcomparableAbasketballAhoop,AwhichAwouldAmeetAtheACity’sAguidelines. As previously stated, this goal has a 50-gallon base, which the manufacturer recommends filling with either water or sand. If the base was filled as the manufacturer suggests for safety, the base alone would weigh 417 pounds if filled with water, and 625 pounds if filled with sand. EitherAofAtheseAoptionsArenderAaA“portable”AhoopAratherAun-portable in the end. Without a properly filled base (and even WITH the base filled) all portable hoops bring with them the risk of tipping, either in severe weather conditions or with the weight of kids attempting to dunk a basketball. Our current situation: Today, in our spacious circular drive, our hoop is installed on the side of the driveway, closer to our house than the road. Neighborhood kids gather to play and get healthy exercise while improving athletic skills. We have never received one complaint. In addition, upon requesting feedback from the neighbors on our block, we have received nothing but support for our current basketball goal. Following are just some of the comments, which they were happy to share: I really prefer your basketball goal that is currently there and not a replacement temporary goal that is much more unsightly than the professional goal you have. Your goal is removable and I believe the ordinance needs to be updated to represent the current technology. And I have the direct view of your driveway from 3232 Colgate, not looking forward to a replacement ugly goal. I hope the ordinance can be updated. Thank you, Bridey Meinecke Ironically a friend and I were discussing how wonderful it was to see the kids on the block playing in their yards as we did when we were young. The basketball goal is very tastefully done and MUCH better looking than the plastic portable ones. You've our vote. Mary Markham Your basketball goal is far from an eyesore! The Welp family is in favor of it 100%. I think the argument could be made that yours is just as portable as a goal that is labeled portable! Betsy Welp The Lucas family thinks it looks great! It is nice to have young children in the neighborhood playing outdoors again. We are all for it!! Randy Lucas (Directly facing our house) We prefer what you have! I think it looks great. Tia and Sam Pettijohn (directly next-door) It looks FAR better the way you have it now!! (Tasteful and clean). Stephanie Linder We support you! Let's keep our HOME court. Mary Beth and Sean Duffy The dilemma: ccordingAtoAwhat’sAbeenAexplainedAtoAmeAabout the current ordinance, our only option would be to replace this basketball hoop (which is safe, tasteful and acceptable to all of our neighbors) with a comparable portable hoop that is bulkier, less attractive, and perhaps just as un-portable, given theAmanufacturer’sArecommendedAguidelinesAforAsafety. The letter notifying us of our code violation stated that our cooperation is appreciated to make University Park a healthier, safer and more beautiful place in which to live. The problem is that a portable basketball hoop helps to achieve none ofAthoseAthings.AAIt’sAnotA healthierAorAsafer,AdueAtoAtheAriskAofAinstabilityAandAinjury.AAIt’sAmostAcertainlyAnotAmoreA beautifulAeither,AgivenAtheAsize,AdesignAandAmaterialsAused.AAIfAtheACity’sAdesireAisAtrulyAtoA achieve these elements, then consideration for a replaceable hoop, which meets these criteria, should be an option. Our recommendation (which is a WIN for all!) We would like to propose that this City ordinance be amended to allow for replaceable basketball goals in front driveways. Because we, too, want to maintain our high standards and ensure that we keep our City beautiful, we would also propose the following details: Basketball hoops cannot include a pole that is surrounded by poured concrete; rather, it must include either a fully portable or semi-permanent base that can allow for removal and/or replacement. Replaceable goal base mounts must be either flush with the ground or no more than two inches above the ground. The basketball goal must be regularly maintained, just as the home. Upkeep should be consistent and the metal can show no signs of rust. Basketball nets must be attached, not broken or hanging irregularly. Goal backboards must be made of clear material and shatter resistant. Any sign of shattering or cracking will require a new backboard installation. The goal should be functionally operational and standing fully upright. We believe the above recommendations will provide the best options for a safe and beautiful home basketball solution for the families of University Park. We feel strongly that this should be accepted, due to the number of families that live in and are drawn to our community for the family environment and superb schools. This solution maintains community standards and encourages healthy activity among residents. The alternative, again, is a replacement of this sleek andAsafeAdesignAwithAaA“compliant”AhoopA that is larger, not-as-safe, and not the preference of anyone who sees the hoop on a daily basis. A replaceable basketball hoop is a very reasonable solution and allows everyone in the community to win. We ask that you consider amending this Ordinance and save the future ofA“homeAcourt”AbasketballAinAourAbelovedACity. Respectfully submitted, Erin Schreyer, on behalf of the entire Schreyer family (4) 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. (a) Front i. Where the frontage on one side of the street between two (2) intersecting public rights-of-way is divided by two (2) or more districts, the required front yard shall comply with the requirements of the most restrictive district for the entire frontage. ii. If buildings in a residential block have observed an average setback which is greater or less than the required front yard established for the district, the average front yard of all buildings in the block shall establish the minimum required front yard; but in no case shall the setback be less than the minimums listed below. SF-1 SF-2 SF-3 SF-4 Minimum Setback (ft.) 50 30 30 25 iii. Any vacant lot or lot on which a structure is to be demolished or removed shall be assumed to have a setback equal to the average setback for that block for purposes of computing the average setback as shown in the illustration below [above]. In calculation of the average of the block, all buildings will be used to establish an initial average and then any structure observing a setback greater than ten feet (10') from the initial average will not be used in computing the final block average. iv. Where lots run through from one street to another and have double frontage, the required front yard shall be provided on both streets unless the building line for accessory buildings has been established along one street by ordinance, approved plat, or by usage, in which event, only one (1) required front yard shall be observed. (b) Features Allowed in the Required Front Yard Except as provided in the following subparagraphs, no accessory structure, portable storage container, object, or appurtenance shall be permitted to be placed or maintained in a required front yard in a residential district in the City. i. A portable storage container may be placed in a required front yard in a residential district for a period not exceeding one week to provide temporary storage for personal property from the residence to facilitate relocation and moving of household items to or from the residence. (Ordinance 05/30 adopted 9/6/05) ii. Freestanding columns, not exceeding 2' by 2' in area on a lot that is 60' or less in width, or 3' by 3' in area on a lot that is greater than 60' in width; statuaries; bird baths; pedestals; and other art objects. All such features shall be constructed of permanent materials. Not more than four freestanding items shall be located within the required front yard of each platted lot. The total height of any such item, including any light, lamp fixture, capstone or other ornamentation mounted on top thereof, shall not exceed five feet (5') as measured from the lowest grade abutting the item. Residential lots larger than one acre and located in an SF-1 zoning district may have freestanding columns, including any light, lamp fixture, capstone or other ornamentation mounted on top thereof, not exceeding eight feet (8') in height measured from the lowest grade abutting the item. (Ordinance 08/35 adopted 6/17/08) iii. Decorative metal banisters and handrails that have three inches (3") clear vision between vertical posts, provided such vertical posts are a maximum of one inch (1") in width and do not exceed forty-eight inches (48") in height. iv. Lawn furniture, including benches, tables and stools which do not exceed thirty inches (30") in height. v. Earth berms for landscaping and screening purposes, constructed of permanent material approved by the Community Development Manager, may be installed in the required front yard, provided that the height of the berm shall not exceed one foot (1') of height for each two feet (2') of horizontal distance. Furthermore, the crown of the berm shall not exceed three feet six inches (3'6") in height. Retaining walls not exceeding the height of the crown of a berm may be used to retain the berm. Berms shall not be located or erected so as to obstruct or interfere with vision of the public street by a vehicle driver entering or leaving the premises by a front drive. vi. Retaining walls may be constructed in the required front yard provided that such walls are not higher than twenty-four inches (24") above the average natural grade of the front yard. vii. Eaves and roof extensions may project into the required front yard for a distance not to exceed three feet (3'). Bay windows and chimneys may extend into the required front yard not to exceed eighteen inches (18"). An unenclosed and uncovered porch, not to exceed thirty inches (30") in height from average natural grade to the finished floor, may extend into the required front yard not to exceed six feet (6'). A balcony on the front of any structure shall not extend into the required front yard. (Ordinance 05/30 adopted 9/6/05) viii. One flag pole for each platted lot, provided that the height of the flag pole shall not exceed twenty-five feet (25') measured from the natural grade, set back a minimum distance equal to the height of the flag pole, measured at natural grade, from all adjoining property lines. The size of the flag shall be appropriate for the height of the flag pole, but shall in no event exceed twenty- four (24) square feet in area. ix. Not more than four items of yard art for each platted lot, not to exceed five feet (5') in height or twenty (20) cubic feet in volume for each item, and placed so as to be set back from all adjacent property lines a minimum distance equal to the height of the item of yard art. x. A lamp post that is not a freestanding column, is not more than six inches (6") in diameter, and is not more than eight feet (8') in height. xi. All items listed in this subsection as being allowed in a required front yard must be constructed of permanent materials approved by the community development manager. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\887_City Council_7_16_2013\0014_1_Agenda Memo 7_16_13 Sidewalk ROW Permits 10k.docx 5:07 PM 07/12 AGENDA MEMO 7/16/2013 Agenda TO: Honorable Mayor and City Council FROM: Robbie Corder, Director of Community Development SUBJECT: Consider and Act: Ordinance amending Article 3 of the Code of Ordinances regarding sidewalk and ROW improvements for building permits in excess of $10,000 in valuation BACKGROUND: Chapter 3 of the University Park Code of Ordinances requires property owners to repair damaged sections of sidewalk and remove any encroachments within the rights-of-way (ROW) when a building permit valued in excess of $10,000 is issued. The ordinance does not identify the types of permits where these sections are applied; therefore, staff has applied these requirements for sidewalk improvements and ROW encroachments to every permit valued in excess of $10,000. Staff discussed this item with the City Council on February 5, 2013, and the item was referred to the Public Works Advisory Committee (PWAC). Staff presented various options to PWAC on May 20, 2013. PWAC made the following two recommendations: 1. Remove the requirement for sidewalk and ROW improvements associated with building permits in excess of $10,000 for permits that are categorized as “repairs” or “replacements.” Maintain requirements for new construction, remodels, additions, concrete, and fences. 2. Remove the language pertaining to appeals in the section that applies to sidewalk improvements. Match the code language between the ROW encroachments with the sidewalk improvements for better consistency throughout the code. Staff presented PWAC’s recommendation to the City Council on June 4, and was directed to draft an ordinance for future City Council consideration. RECOMMENDATION: Staff recommends approval of the proposed ordinance. PUBLIC WORKS ADVISORY COMMITTEE MEETING MINUTES May 20, 2013 Committee Members Present: Chairman Mike Collins, Jeff McKenney, Randy Hagens, Debbie Lane, Mike Selby, Brion Sargent, Elaine Kiehnle, Bill Knapp, Charlie Canfield, and John Walsh Committee Members Absent: Alicia Formagus and Steve Hudson Council Members Present: Tommy Stewart Staff Present: Director of Public Works Bud Smallwood, City Engineer Bob Whaling, Community Development Director Robbie Corder, and Administrative Assistant Jodie Ledat 1. Welcome and Call to Order Chairman Collins called the meeting to order at 8:02 am. 2. Review and approve minutes of the January 14, 2013 meeting Chairman Collins called for approval of the January 14, 2013 meeting minutes. Bill Knapp moved to approve the minutes. Charlie Canfield seconded, and the motion was approved unanimously. 3. Discuss sidewalk and ROW improvements for building permits in excess of $10,000 in valuation Bud Smallwood introduced Robbie Corder, Director of Community Development, to the committee indicating he would discuss the item regarding sidewalk and ROW improvements referred to the committee by the City Council. Robbie Corder reviewed the current code requirements related to permits issued for work in excess of $10,000.00. These requirements include the repair and / or replacement of defective sidewalk, installation of missing or non-existent sidewalk (when applicable), and the removal of any ROW encroachments. He indicated the code was initially created with the intent that remodels, additions, and new construction would trigger the sidewalk and ROW remediation, but the $10,000 “trigger” amount is currently being met with many types of permits. Mr. Corder indicated that for some permitted work, for example, roof repair after a hail storm or the installation of a new water heater, the requirement for sidewalk and ROW improvements can be quite burdensome and can be a significant increase on project expense. Mr. Corder discussed staff recommendations which included removing the appeal process for sidewalk installation and amending the defective sidewalk code to resemble the ROW encroachments code. Discussion ensued among the committee members. It was determined the committee will recommend the $10,000 threshold be removed from permits for the Repair / Replace category / work class, i.e., replace a water heater. The $10,000 threshold will remain in place as a trigger for sidewalk replacement / installation and for ROW remediation for permits in the following categories / work classes: New Construction, Remodels, Additions, Concrete, and Fences. The committee also recommended removing the appeal process from the code section regarding sidewalk, and to match the code language between the sidewalk and ROW encroachments. In an effort to keep the meeting within its one hour timeframe, Chairman Collins asked the proposal be emailed to the committee and that votes be made via replies to the email. 4. Update of current Public Works projects Bud Smallwood updated the committee on projects 47017 – Mile per Year Tulane, 49260 – Paving and Drainage Miscellaneous Locations, 49210 – University / Boedeker Paving, 47230/47240 – Mile per Year Lomo Alto and Douglas, and 47030 – Mile per Year San Carlos / Potomac and other alleys. 5. Schedule next meeting date: proposed date – Monday, August 19, 2013 Chairman Collins indicated the August meeting date should probably be re-scheduled to an earlier date in order to address the Council recommendation regarding sidewalk and ROW improvements. Chairman Collins adjourned the meeting at 9:02 am. _____________________________ Michael Collins, Chair Public Works Advisory Committee ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3 BUILDING REGULATIONS, ARTICLE 3.01 “GENERAL PROVISIONS” OF THE CODE OF ORDINANCES TO PROVIDE FOR REMOVAL OF ENCROACHMENTS; PROVIDING EXCEPTIONS; AMENDING ARTICLE 3.14 “STREETS AND SIDEWALKS” TO REQUIRE PROVISION OR REPLACEMENT OF PUBLIC WALKS AND DRIVEWAY APPROACHES, AND PROVIDING EXCEPTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Code of Ordinances, City of University Park, Texas, is hereby amended by amending Chapter 3 “Building Regulations”, Article 3.01 “General Provisions”, Section 3.01.003, and Article 3.14 “Streets and Sidewalks”, Section 3.14.043 in part as follows: “ARTICLE 3.01 GENERAL PROVISIONS … Sec. 3.01.003 Encroachments in alley easements; surface materials allowed … (c) Removal of encroachments (1) Masonry and/or concrete retaining walls must be removed from the alley easement upon issuance of a building permit, other than a permit for repairs and/or replacement of existing structures, valued in excess of $10,000.00 for any work on the abutting private property. For purposes of this Article, “repair and/or replacement” shall mean the reconstruction or renewal to original condition of any damaged or deteriorated part or component of an existing building for the purpose of its maintenance; “remodel” shall mean work which changes the original size, location or material of a part or component of an existing building. …” “ARTICLE 3.14 STREETS AND SIDEWALKS” … Sec. 3.14.043 Requirements when making improvements to property (a) Requirements (1) Upon issuance of a building permit for construction, reconstruction or remodel of a building, other than a permit for repair and/or replacement of a part or component of an existing structure, valued in excess of $10,000.00, for any work on a structure on the abutting private property, a public walk, if not existent, shall be constructed by the permit holder on the front of the property and on the side of the property where it abuts a side street, or when, in the opinion of the public works director, the existing public walks and driveway approaches abutting the property are in such a state of disrepair as to constitute a hazard to pedestrian traffic, the permit holder shall construct a new public walk(s) and/or driveway approach(es). Curb openings for abandoned driveways will be closed by the permit holder and abutting public walks and driveway approaches, where required, shall be repaired or replaced in accordance with standard City of University Park specifications. …” SECTION 2. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance or the Code of Ordinances as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional. SECTION 3. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ON THE ____ DAY OF ____________ 2013. APPROVED: ___________________________ W. RICHARD DAVIS, MAYOR ATTEST: ______________________________________ ELIZABETH SPECTOR, CITY SECRETARY APPROVED AS TO FORM: ______________________________ City Attorney (rld, 7/09/13, 61350)