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!
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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
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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)