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HomeMy WebLinkAbout2013.12.03 City Council AgendaCity Council City of University Park Meeting Agenda City Hall 3800 University Blvd. University Park, TX 75205 Council Chamber5:00 PMTuesday, December 3, 2013 PRE-MEETING WORK SESSION: 4 - 5 P.M. The City 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: City Attorney Robert L. Dillard, III B.PLEDGE OF ALLEGIANCE: City Attorney Dillard / Boy Scouts C.INTRODUCTION OF COUNCIL: Mayor W. Richard Davis D.INTRODUCTION OF STAFF: City Manager Bob Livingston II.AWARDS AND RECOGNITION None III.CONSENT AGENDA Consider approval of City Manager employment agreement with Robbie Corder A.13-285 Staff Report City Manager Employment Agreement 120313 Attachments: Consider and act on award of a revised contract with Itron, Inc. for an Automated Meter Infrastructure System B.13-288 Staff Report Itron Revised Project Pricing Attachments: Page 1 City of University Park Printed on 11/25/2013 December 3, 2013City Council Meeting Agenda Consider approval of the minutes of the November 19, 2013 City Council Meeting with or without corrections C.13-287 Staff Report 11/19/2013 City Council Mtg Min Attachments: IV.MAIN AGENDA Consider and act on an ordinance amending Section 40 of the Comprehensive Zoning Ordinance to amend the definition of Community Center (Public) A.13-185 Staff Report Ordinance Attachments: Consider and act on a resolution naming the Moody Family YMCA a designee providing recreational services for the citizens of the City and to use a building and/or grounds as a Community Center (Public) B.13-289 Staff Report Resolution Attachments: Consider Change Order #3 to the contract with CPS-Civil for construction of water, sanitary sewer, and paving improvements C.13-284 Staff ReportAttachments: 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. Page 2 City of University Park Printed on 11/25/2013 December 3, 2013City Council Meeting Agenda 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 3 City of University Park Printed on 11/25/2013 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\909_City Council_12_3_2013\0001_1_Staff Report.docx 3:10 PM 11/25 AGENDA MEMO 12/3/2013 Agenda TO: Honorable Mayor and City Council FROM: Bob Livingston, City Manager SUBJECT: City Manager employment agreement with Robbie Corder BACKGROUND: The City Council has worked with the City Attorney and the Assistant City Manager to develop an agreement with Mr. Corder when he becomes the University Park City Manager. The attached agreement is the result of those efforts. RECOMMENDATION: Approval of the Consent Agenda will approve the agreement with Mr. Corder. ____________________________________________________________________________________ CITY MANAGER EMPLOYMENT AGREEMENT PAGE 1 OF 6 AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY MANAGER This Agreement for Professional Services and Employment as City Manager (“Agreement”) is made and entered into as of the 3rd day of December 2013, by and between the City of University Park, Texas, a municipal corporation (“City”), and Robert Corder (“Manager”) to establish and set forth the terms and conditions of the employment of the Manager as the City Manager of the City. WITNESSETH WHEREAS, the City desires to employ the services of the Manager as the City Manager of the City pursuant to the terms, conditions and provisions of this Agreement; WHEREAS, it is the desire of the City Council (“Council”) of the City to provide compensation and benefits, establish conditions of employment for, and to set the working conditions of, the Manager as provided in this Agreement; WHEREAS, the Council desires to secure and retain the services of the Manager, to provide inducements for the Manager to accept employment as the City Manager of the City and to remain in such employment, to encourage full work productivity by assuring the Manager peace of mind with respect to future security, and to provide a means for terminating the services of the Manager at such time as the Council may desire; and WHEREAS, the Manager has agreed to accept employment as the City Manager of the City, subject to and on the terms, conditions, and provisions agreed to and set forth in this Agreement; NOW, THEREFORE, in consideration of the Manager’s employment with the City and other good and valuable consideration, including the mutual covenants herein contained, the City and the Manger hereby contract, covenant, and agree as follows: Section 1. Duties The City hereby employs the Manager as the chief administrative officer of the City to perform the duties and functions specified in Chapter 4 of the City of University Park Home Rule Charter, City Ordinances, this Agreement, and as the Council shall, from time to time, assign to the Manager. Section 2. Term The term of this Agreement shall be indefinite and this Agreement shall be and remain in full force and effect until terminated by the Manager or the Council as herein provided. The Manager shall serve at the pleasure of the Council and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council, or the Manager, to terminate the services of the Manager at any time, subject only to applicable provisions of the City Charter, City Personnel Policies, and the provisions set forth in Section 13 hereof, titled "Termination and Severance Pay." ____________________________________________________________________________________ CITY MANAGER EMPLOYMENT AGREEMENT PAGE 2 OF 6 Section 3. Salary The City agrees to pay the Manager an annual base salary in installments in the same manner as other employees of the City. The City further agrees to occasionally consider an increase in the Manager’s annual base salary to the extent the Council may determine desirable. In any year that the City’s adopted annual operating budget contains a compensation package for city employees, the Manager’s annual base salary will be increased by an amount equal to the average increase approved by the Council for the executive classification of employees, unless otherwise directed by Council action (in which case the effective date of said salary increase for the Manager will be the same as the effective date of the salary increases for all city employees). Section 4. Benefits The Manager shall accrue additional benefits in the same manner as other employees of the City. Generally, those benefits include Texas Municipal Retirement System (TMRS) retirement, health insurance, life and disability insurance, vacation and sick leave. However, they may be modified for the Manager to the extent the benefits are likewise modified for all employees from time to time. Section 5. Automobile The Manager's duties require exclusive and unrestricted use of a vehicle. The City agrees to pay to the Manager, during the term of this Agreement and in addition to other salary and benefits herein provided, a vehicle allowance equal to that provided to other Department Heads of the City. The Manager shall acquire and maintain a vehicle during the term of this Agreement, which will be available for the Manager's exclusive and unrestricted use in the performance of his duties hereunder. The Manager shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. The Manager shall provide the City evidence of insurance coverage on the vehicle. Section 6. Retirement The City agrees to enroll the Manager into the Texas Municipal Retirement System (TMRS) and to make all the appropriate contributions on the Manager’s behalf in the same manner as other employees of the City. In addition to the City’s payment to the Texas Municipal Retirement Sys tem referenced above, the City agrees to execute all necessary agreements provided by any section 457 deferred compensation plan identified by the Manager in order for the Manager to participate in said supplementary retirement plan and, in addition to the annual base salary paid by the City to the Manager, the City agrees to pay an amount equal to three percent (3%) of the Manager’s annual base salary, into the designated plan on the Manager’s behalf, in equal proportionate amounts each pay period. The parties shall fully disclose to each other the financial impact of any amendment to the terms of the Manager’s retirement benefit. Section 7. Residency The City agrees that the Manager is not required during the term of this Agreement to reside within the corporate boundaries of the City. In the event the Manager chooses to move into the corporate boundaries of the City in the future, the City shall pay directly for the expenses of moving the Manager and his family and personal property from his prior residence to the City. Said moving expenses include packing, moving, storage costs, unpacking, and insurance charges. Additionally, at the time the Manager chooses to move into the City, the City Council shall ____________________________________________________________________________________ CITY MANAGER EMPLOYMENT AGREEMENT PAGE 3 OF 6 consider amendment of this Agreement or entering into a separate agreement with the Manager to pay him a monthly housing allowance and/or his associated real estate commissions, closing costs, and/or mortgage rate discount points to be paid by him in acquiring a permanent residence in the City. Such monthly housing allowance, if any is approved by the City Council, shall remain in effect only for so long as the Manager resides in and maintains such residence as his primary residence and during his tenure as Manager. Section 8. Professional and Civic Development The City agrees to budget and pay for the civic and professional membership dues and subscriptions of the Manager necessary for the Manager's continuation and participation in national, regional, state, and local associations necessary and desirable for the Manager's continued professional participation, growth and advancement, and for the good of the City. Developing and maintaining professional associations and contacts and standing provide the City access to valuable resources, and the reasonable participation and attendant travel by the Manager as provided for in the annual budget will be a part of the Manager’s duties. Section 9. Business Expenses The Manager in the performance of his duties will necessarily incur certain expenses of a non- personal and job-related nature. The City will pay or reimburse such business expenses, and the Finance Director is authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. The City will also pay the full cost of any bond required by the City Council to be made by the Manager. Section 10. Limits on Outside Employment The Manager will devote full time and effort to the performance of the duties of the City Manager of the City, and shall remain in the exclusive employment of the City during the term of this Agreement; provided that, with the prior consent of the Council, the Manager may accept temporary, outside professional employment which will not in any way limit the performance of, or the Manager's availability for the performance of, the Manager's duties hereunder. The term "outside professional employment" shall be construed to include occasional teaching, writing or consulting performed on the Manager's time off. Section 11. Conflict of Interest Prohibition The Manager shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City, except for stock ownership in a company whose capital stock is publicly held and regularly traded on any stock exchange, without the prior written approval of the Council. For and during the term of the Agreement, the Manager shall, except for a personal residence or residential property acquired or held for future use as the Manager's personal residence, not invest in any other real estate or property improvements within the City, without the prior written consent of the Council. All rules of the City regarding conflicts of interest and nepotism shall apply to the City Manager in the same manner as all other employees. Section 12. Indemnification To the fullest extent permitted by law, the City shall defend and indemnify the Manager against any loss, cost or expense, including court costs and attorneys’ fees, to the extent allowed by law, arising out of any claim, suit, or judgment, or settlement thereof, resulting from any alleged negligent act or omission of the Manager during the discharge of his duties and within the scope ____________________________________________________________________________________ CITY MANAGER EMPLOYMENT AGREEMENT PAGE 4 OF 6 of his office, or in any other case where the City is directed or authorized to do so, provided however, that such indemnification will not be provided for any act arising out of the intentional or knowing violation of any penal statute or ordinance or arising out of any conduct determined by final judgment to be an act of fraud or to have been taken with the intent to deceive or defraud, or for any personal or private business of the Manager, or for the gross negligence or willful misconduct, or willful or wrongful act of the Manager, and shall obtain and keep in full force and effect liability insurance or risk pool coverage, including errors and omissions coverage, or be self-insured in sufficient amounts to assure accomplishment of such indemnification; provided that this section will not be construed as creating any right, cause of action, or claim of waiver or estoppel for or on behalf of any third party nor will it be construed as a waiver or modification of the availability of the defense of governmental immunity, official immunity, qualified immunity, or any other legal defense available to either the City or the Manager as against any third party. This indemnification shall extend beyond and survive the termination of the Manger’s employment and the expiration of this Agreement. The Manager recognizes that the City shall have the right to compromise and settle any claim or suit unless the Manager is a party to the suit in his personal capacity, in which case the Manager shall have veto authority over the settlement as to liability in his personal capacity, but not as to the City. Further, the City agrees to pay all reasonable litigation expenses of the Manager throughout the pendency of any litigation to which the Manager is a party, witness, or advisor to the City. Such expense payments shall continue beyond the Manager's service to the City as long as litigation is pending. Further, the City agrees to pay the Manager reasonable consulting fees and travel expenses when the Manager serves as a witness, advisor or consultant to the City regarding pending litigation. Section 13. Termination and Severance Pay If the Manager is terminated because of a conviction for a misdemeanor involving moral turpitude or personal gain, or any felony, the City will have no obligation to pay the severance payments designated in this Section. A. Termination. In the event the Council terminates the Manager during the first year of the term of this Agreement and the Manager is willing and able to perform all his duties under this Agreement, the City agrees to pay the Manager a lump sum, cash payment equal to six (6) months’ full salary and benefits (including full costs of health insurance), provided that the amount of such lump sum, cash payment shall increase by the equivalent of one month’s full salary and benefits for each year of his employment as Manager after the first year, up to a total of twelve (12) months’ full salary and benefits. In addition, the City agrees to include in said payment an amount equal to the value of all vacation leave, holiday leave, sick leave, compensatory leave, and any other leave accumulated or credited to the Manager prior to the termination. B. Reductions. In the event the Council, during the Term of this Agreement, reduces the authority of the Manager, or reduces the salary or other financial benefits of Manager in a greater percentage than an applicable across-the-board reduction for all employees of the City, or in the event the City refuses, following written notice, to comply with any other provision benefiting the Manager herein, or the Manager resigns following a suggestion, whether formal or informal, by the Council that the Manager resign, then in that event, the Manager may, at the Manager's option, be deemed to have been terminated as of the date of such reduction, or as of the date the ____________________________________________________________________________________ CITY MANAGER EMPLOYMENT AGREEMENT PAGE 5 OF 6 Manager resigns at the Council's suggestion; provided that, notice having first been given, the suspension of the Manager with pay pending the resolution of any criminal charge filed against the Manager shall not constitute a termination, or a reduction under this Section. The Council shall be deemed to have suggested the resignation of the Manager at any time when a majority of the members of the Council shall at a Council meeting, or in writing, suggest that the Manager resign. C. Resignation. If the Manager terminates this Agreement by voluntary resignation of the position of City Manager, the Manager shall give sixty (60) days’ notice in advance unless the Council agrees otherwise. In addition, the City agrees to compensate the Manager for the value of vacation leave and other benefits in the same manner as other employees of the City. Section 14. General Provisions. A. Section Headings. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. B. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas. Venue shall lie exclusively in Dallas County, Texas. C. Severability. In the event anyone or more of the sections, provisions or clauses contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. D. Entire Agreement. This Agreement incorporates all the agreements, covenants and understandings between the City and the Manager concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written Agreement. No other prior agreements or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. E. Amendment. This Agreement shall not be modified or amended except by a written instrument executed by the Manager and the duly authorized representative of the Council. F. Effective Date. This Agreement shall be in full force and effect as of the date Manager is officially appointed to be City Manager of the City of University Park by the City Council. G. Counterparts. This Agreement may be executed in duplicate original counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument. Section 15. Notices. All notices, demands, and other writings may be delivered by either party hereto to the other by United States Mail, or by a reliable commercial courier at the following address: City Mayor Manager Robert Corder ____________________________________________________________________________________ CITY MANAGER EMPLOYMENT AGREEMENT PAGE 6 OF 6 City of University Park 9706 Forestridge Drive 3800 University Blvd. Dallas, TX 75238 University Park, TX 75205 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service, or three (3) days after the date the notice is deposited in the United States Mail or with a commercial courier. IN WITNESS WHEREOF, the City and the Manager have executed this Agreement effective as of the date first written above. FOR THE CITY: ______________________________ W. Richard Davis, Mayor BY: CITY COUNCIL MEMBERS ______________________________ Robert H. Clark, Mayor Pro Tempore ______________________________ Dawn Enoch Moore ______________________________ Robert Begert ______________________________ Tommy Stewart ATTEST: ______________________________ City Secretary (Seal) AGREED TO AND ACCEPTED this ____ day of ______________ 2013. ______________________________ Robert Corder 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\909_City Council_12_3_2013\0002_1_Staff Report.docx 3:10 PM 11/25 AGENDA MEMO 12/3/2013 Agenda TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant Director of Public Works SUBJECT: Revised Proposal for Automated Water Meter Reading System from Itron BACKGROUND: On June 18, 2013, Council awarded a contract to Itron, Inc. for the purchase of an automated water meter infrastructure (AMI) system. Following Council’s action, staff began working with the vendor to establish a detailed scope of work and project schedule. During these discussions, it was discovered that staff’s preferences and Itron’s original proposal assumptions differed in a couple of areas. Specifically, Itron’s original proposal assumed the City would be responsible for the integration of our existing utility billing software with one of the modules of the Itron system. Staff prefers to have this integration handled by Itron. The original request for proposals did not specify the responsibilities for the integration; therefore, staff feels the requested price increase is justified. The revised pricing reflects an increase of $41,550 (3.5%) over the originally approved contract. RECOMMENDATION: Staff recommends approval of the contract with Itron, Inc. for $1,238,135.54. Confidential Page 1 Electric/Water/Gas Information collection, analysis and application 2111 N. Molter Rd. Liberty Lake, WA 99019 fax: 866-787-6910 www.itron.com Item Category Description Qty Unit Price Extended Price Notes ERT's, Network Infrastructure and Hardware 1 ERT 100W ERT, Encoder with Integral Connector and Antenna Connector, and Remote Mount Antenna Kit $162.00 100W ERT Discount ($82.00) 7,500 $80.00 $600,000.00 2 ERT Accessories Standard 5' cable with In-Line connector with .135" diameter protective cover 800 $9.25 $7,400.00 3 ERT Accessories Itron Splice Kit (1 required per splice)800 $4.00 $3,200.00 (1) 4 ERT 100W ERT, Encoder with Integral Connector and Antenna Connectors for Leak Sensor and Antenna, and Remote Mount Antenna Kit $177.00 100W ERT Discount ($92.00) 2,500 $85.00 $212,500.00 5 Network TCU 100, External GPS/WAN Antenna, AC powered, Cellular WAN with remote mount ERT antenna and hardware 2 $13,500.00 $27,000.00 (2) 6 Network Repeater 100, Internal GPS/WAN Antenna, AC powered with direct mount ERT antenna and hardware 3 $3,410.00 $10,230.00 (2) 7 Network ** SPARE ** TCU 100, External GPS/WAN Antenna, AC powered, Cellular WAN with remote mount ERT antenna and hardware (installation services not included for spare) 1 $13,500.00 $13,500.00 8 Network ** SPARE ** Repeater 100, Internal GPS/WAN Antenna, AC powered with direct mount ERT antenna and hardware (installation services not included for spare) 1 $3,410.00 $3,410.00 9 Network Repeater 100, Internal GPS/WAN Antenna, AC powered with direct mount ERT antenna and hardware 5 $0.00 Included (2) 10 Hardware FC300, SRead Radio, Imager, GPS, Bluetooth 7 $4,990.00 $34,930.00 (3) 11 Hardware FC300 single dock, includes power supply and power cable 2 $423.00 $846.00 (3) 12 Hardware FC300 5-bay multi-dock, includes power supply and power cable 1 $1,698.00 $1,698.00 (3) 13 Hardware FC300 Charge/Comm. Interface Cable, USB client for ActiveSync with power connector 1 $42.00 $42.00 (3) $914,756.00 Software 14 Software Network Software, Up to 10,000 ERT's $5,000.00 (4) 15 Software MVRS Software License, Up to 10,000 ERT's Serviced $4,000.00 (5) 16 Software Field Deployment Manager, Up to 10,000 ERT's $5,000.00 (9-11) Software Total $14,000.00 Professional Services 17 Professional Services Project management, implementation, engineering services, and training 1 $108,370.00 $108,370.00 (6) 18 Professional Services Project Management-Quarterly System Monitoring (Years 1-3)1 $0.00 No Charge (7) 19 Professional Services Software implementation and training 1 $39,200.00 $39,200.00 (6) 20 Professional Services Interface Development, MVRS, Choice Connect, FDM To Host From Host 1 $60,000.00 $60,000.00 (6) 21 Professional Services Collector Installation-Water Tank 1 $12,500.00 $12,500.00 (5) 22 Professional Services Collector Installation- City Hall 1 $8,125.00 $8,125.00 (6) 23 Professional Services Repeater Installation 3 $950.00 $2,850.00 (6) 24 Professional Services MVRS Software Implementation Services 1 $11,242.50 $11,242.50 (6,8) 25 Professional Services FDM Implementation Services 1 $63,970.00 $63,970.00 (6,10) Professional Services Discount ($32,000.00) Estimated Travel and Expenses $32,380.00 (6) Professional Services Total $306,637.50 Estimated Freight $2,742.04 (13) Fixed Network 100 System Total $1,238,135.54 ERT's, Network Infrastructure and Hardware Total BMR# 3075-13 Ver5 Oct University Park, TX Pricing Summary for October 16, 2013 Confidential Page 2 Electric/Water/Gas Information collection, analysis and application 2111 N. Molter Rd. Liberty Lake, WA 99019 fax: 866-787-6910 www.itron.com BMR# 3075-13 Ver5 Oct University Park, TX Pricing Summary for October 16, 2013 Item Category Description Qty Unit Price Extended Price Notes Optional Hardware and Software 26 Leak Sensor Leak Sensor $85.00 Leak Sensor Discount ($25.00) TBD $60.00 TBD 27 Software Year 1 - mlogonline Hosted service Annual Hosted services fee, Up to 3000 devices TBD $0.00 Year 1 - No Charge (12) 28 Software Year 2 - mlogonline Hosted service Annual Hosted services fee, Up to 3000 devices TBD $2,380.00 TBD (12) Notes and Assumptions (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) FC300 Handheld unit and single desk dock require a power supply and AC power cord. The same power supply can be used for both. Itron recommends at least one USB cable be purchased if only ordering a FC300 Multi-dock for IT staff to support data recovery or troubleshooting issues that may occur over the life of the system. 1 splice kit will be required when retrofitting an existing installed encoded meter register. Professional Services price is based on a 6 month project duration and assumptions that may require confirmation with the Utility. In order to create a formal Scope of Work and confirm the Professional Services quoted, a more detailed discussion of project requirements will be conducted with the Utility. Travel and expenses have been estimated and will be billed at actual. Estimated expenses are included. Itron estimates 69 per diems at $275 and 20 airfares at $750. Interface Development is for MVRS, CC Fixed Network App, and FDM To Host/From Host files. The City will determine which CIS platform will be used as the target of these interfaces. If the City elects to have Itron develop interfaces to both existing CIS, and the upcomming CIS, interface development costs may be repeated. MVRS Software Implementation Services includes set up and configuration of PC, PC Operator training and review, FC300 MVRS training and review. Taxes, duties, and tariffs are not included. Freight has been estimated and will be billed at actual. Prices are in US dollars. Prices are valid for 90 days. Field Deployment Manager Software Utility is required to provide as a minimum SQL Server 2008 SP2 and Windows Server 2008 R2 64bit - Standard or Enterprise. Any additional Server specifications will be identified during the requirements session. Utility is also required to supply a valid SSL Certificate for use on the FDM Application Server. This can be purchased from a trusted certificate authority or self-generated by the Utility’s IT Department. Network configuration is based on location data provided by the utility. Changes to this data may affect collector and repeater quantities. Please see attached Site Listing for more information. FDM Implementation pricing includes a single primary workflow that supports the Installation business process, the Maintenance business process, or the Meter Shop business process. Audit and Service business processes are also supported as a sub workflow associated with the primary workflow. Additional hours will be required for modification to the standard workflow or if additional workflows are identified during the detailed requirements analysis. Mlogonline annual software hosted fee is determined by the number of Leak Sensors required and deployed in your system. University Park will be responsible for purchasing all server hardware/software required for Fixed Network 100 based on the Itron specifications provided. FDM Implementation pricing assumes University Park will perform data mapping and transformation of the host file(s) to the Itron file specification. During the meter deployment phase of the project, Itron will continue to monitor network coverage and performance through quarterly calls with the City. If additional work is required by Itron to achieve network coverage, Itron will re-engage to mitigate or add network devices. University Park can use MVRS software with Itron handheld reading devices to collect meter data to create billing and reports within MVRS. Confidential Page 1 Electric / Gas / Water Maintenance and Other Annual Fees Information collection, analysis and application 2111 N. Molter Rd. Liberty Lake, WA 99019 fax: 866-787-6910 www.itron.com Item Category Description Qty Unit Price Extended Price Notes Annual Maintenance 1 Annual Maintenance TCU 100, External GPS/WAN Antenna, AC powered, Cellular WAN with remote mount ERT antenna and hardware 2 $120.00 $240.00 2 Annual Maintenance Tower Box, AC powered 2 $102.00 $204.00 3 Annual Maintenance Repeater 100, Internal GPS/WAN Antenna, AC powered with direct mount ERT antenna and hardware 3 $72.00 $216.00 4 Annual Maintenance ** SPARE ** TCU 100, External GPS/WAN Antenna, AC powered, Cellular WAN with remote mount ERT antenna and hardware (installation services not included for spare) 1 $120.00 $120.00 5 Annual Maintenance ** SPARE ** Tower Box, AC powered 1 $102.00 $102.00 6 Annual Maintenance ** SPARE ** Repeater 100, Internal GPS/WAN Antenna, AC powered with direct mount ERT antenna and hardware (installation services not included for spare) 1 $72.00 $72.00 7 Annual Maintenance Repeater 100, Internal GPS/WAN Antenna, AC powered with direct mount ERT antenna and hardware 5 $72.00 $360.00 8 Annual Maintenance Network Software, Up to 10,000 ERT's 1 $1,200.00 $1,200.00 9 Support MVRS First Year Customer Support 1 $810.00 $810.00 (2) 10 Annual Maintenance MVRS Software License, Up to 10,000 ERT's Serviced 1 $1,644.00 $1,644.00 (2) 11 Annual Maintenance Field Deployment Manager, Up to 10,000 ERT's 1 $1,000.00 $1,000.00 12 Annual Maintenance FC300, SRead Radio, Imager, GPS, Bluetooth 7 $462.00 $3,234.00 13 Annual Maintenance FC300 single dock, includes power supply and power cable 2 $37.80 $75.60 14 Annual Maintenance FC300 5-bay multi-dock, includes power supply and power cable 1 $192.00 $192.00 Annual Maintenance Total $9,469.60 Notes and Assumptions (1) (2) University Park, TX BMR# 3075-13 Ver5 Oct October 16, 2013 100W Full warranty is consistent with the warranty terms in the Agreement for the first 10 years from date of shipment. For warranty claims in years 11 through 15, Itron's sole obligation will be to provide Customer with a discount on replacement product equal to 50 percent of its then- current list price for the replacement product. For warranty claims in years 16 through 20, Itron's sole obligation will be to provide Customer with a discount on replacement product equal to 25 percent of its then- current list price for the replacement product. MVRS Software Warranty is one year from date of shipment. First Year Customer Support fee covers technical support needs during the first year. Software Maintenance fees commence upon end of warranty, covering both software and technical support. Confidential Page 1 Electric / Gas / Water Network Infrastructure Site Listing Information collection, analysis and application 2111 N. Molter Rd. Liberty Lake, WA 99019 fax: 866-787-6910 www.itron.com Site ID Device Type Location Site Antenna Height (ft) Site 1 Tower Collector NW Water Tower Tower 150 Site 2 Tower Collector City Hall Tower 150 Site 3 Repeater Utility Pole 20 Site 4 Repeater Utility Pole 100 Site 5 Repeater Utility Pole 20 Site 6 Repeater Utility Pole 20 Site 7 Repeater Utility Pole 20 Site 8 Repeater Utility Pole 20 Site 9 Repeater Utility Pole 20 Site 10 Repeater Utility Pole 20 University Park, TX BMR# 3075-13 Ver5 Oct October 16, 2013 The propagation analysis results indicate a total of 2 CCU 100's and 8 Repeater 100's will be required. The CCU 100 sites are listed below with assumed heights based on the most current information available from the utility. 2 of the CCU 100's will utilize Itron's tower mount collector (TCU). Repeater 100's are assumed to be mounted on utility poles at least 25 feet above ground level. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\909_City Council_12_3_2013\0003_1_Staff Report.docx 3:11 PM 11/25 AGENDA MEMO 12/3/2013 Agenda TO: Honorable Mayor and City Council FROM: Liz Spector, City Secretary SUBJECT: Minutes of the November 19, 2013 City Council Meeting BACKGROUND: Minutes of the November 19, 2013 City 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, November 19, 2013 EXECUTIVE SESSION 2:05 - 3:15 P.M. The City Council met in closed session pursuant to TGC §551.072 to discuss confidential real estate matters and pursuant to TGC §551.074 to discuss a contract with Assistant City Manager Robbie Corder . Present were Mayor Davis, Mayor Pro Tem Clark, Councilmembers Begert, Moore and Stewart, City Attorney Dillard, City Manager Bob Livingston and Assistant City Manager Corder . Director of Public Works Smallwood, Director of Parks Bradley, Community Information Officer Mace and architect Taylor Armstrong were present for discussions on real estate . No action was taken. Executive Conference Room, 1st floor, City Hall. PRE-MEETING WORK SESSION(S) 3:30 - 4 P.M. Fire Chief Randy Howell provided the City Council with an overview of municipal emergency management processes and the basics of emergency authority for local officials in open work session. No action was taken. Council Conference Room, 2nd floor, City Hall. 4 - 5 P.M. The Council met in open work session to receive agenda item briefings from staff. No action was taken. Council Conference Room, 2nd floor, City Hall. CALL TO ORDERI. Rollcall Mayor W. Richard Davis, Mayor Pro Tem Bob Clark, Councilmember Bob Begert, Councilmember Dawn Moore and Councilmember Tommy Stewart Present:5 - INVOCATION: Director of Human Resources Luanne HanfordA. PLEDGE OF ALLEGIANCE: Director of Human Resources Hanford / Boy Scouts B. Boy Scouts in attendance at the meeting included: Zach Mayes, Troop 518, working on the Communications merit badge; Ryan Davis, Troop 42, working on the Communications merit badge; Douglas Cowman, Troop 82, working on the Citizenship in the Community merit badge; Charlie Barraco, Troop 82, working on the Citizenship in the Community merit badge; Joseph Barraco, Troop 82, working on the Citizenship in the Community merit badge; Sam Khamooshi, Troop 35, working on the Communications merit badge; and Shayan Pashaei, Troop 80, working on the Communications merit badge. Page 1City of University Park November 19, 2013City Council Meeting Minutes INTRODUCTION OF COUNCIL: Mayor W. Richard DavisC. Seated on the dais were: City Attorney Robert L . Dillard, III, Councilmember Bob Begert, Councilmember Dawn Moore, City Manager Bob Livingston, Mayor Dick Davis, Mayor Pro Tem Bob Clark and Councilmember Tommy Stewart . INTRODUCTION OF STAFF: City Manager Bob LivingstonD. Staff in attendance included: Purchasing Agent Christine Green , Director of Parks Gerry Bradley, Acting Director of Finance Tom Tvardzik , Judge Jim Barklow, Director of Human Resources Luanne Hanford, Assistant Director of Public Works Jacob Speer, Assistant City Manager/Director of Community Developoment Robbie Corder, Assistant to the City Manager George Ertle, Fire Chief Randy Howell, City Secretary Liz Spector, Director of Public Works Bud Smallwood, Police Chief Greg Spradlin, Director of Information Services Jim Criswell, Community Information Officer Steve Mace and Receptionist Ann Bray . AWARDS AND RECOGNITIONII. 13-275A.Swear in Greg Spradlin as University Park Chief of Police Judge Barklow read the Oath of Office to Chief Greg Spradlin. Chief Spradlin thanked Mayor Davis and the City Council, City Manager Livingston and Assistant City Manager Robbie Corder for their confidence in their decision to appoint him Chief of the University Park Police Department. He recognized several members of the Police Department who were present as well as his wife, Mary Spradlin, his aunt and his mother. CONSENT AGENDAIII. A motion was made by Councilmember Stewart, seconded by Mayor Pro Tem Clark, to approve the Consent Agenda. The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, Councilmember Moore, and Councilmember Stewart 5 - 13-273A.Consider and act on cooperative purchase of trailer and dump truck Purchase of a trailer and dump truck in the amount of $48,140 was approved. 13-278B.Consider approval of Bid #13-07 - Annual Contract for Water Meters and Brass Utility Parts Bids for the annual contract to supply water meters and brass fittings were awarded to Atlas, Hughes/HD Supply, and Fortiline in the estimated annual total of $319,014.91. 13-274C.Consider minutes of the November 5, 2013 City Council Meeting, with or without corrections The minutes were approved as submitted. Page 2City of University Park November 19, 2013City Council Meeting Minutes MAIN AGENDAIV. 13-185A.Consider and act on an ordinance amending Section 40 of the Comprehensive Zoning Ordinance to amend the definition of Community Center (Public) A motion was made by Councilmember Bob Begert, seconded by Councilmember Dawn Moore, directing staff to draft an ordinance for City Council consideration at the December 3, 2013 meeting defining Community Center in the City's Zoning Ordinance as follows: "Community Center (Public) means a building and/or grounds that may be used by the City of University Park or any person or entity as its designee to provide recreational or social services for the benefit of the citizens. A designee of the City of University Park may only use the building and/or grounds for a period not to exceed three (3) years from the date of issuance of a Certificate of Occupancy for such use of the building and/or grounds." Councilmember Begert further moved that staff draft a resolution naming the Park Cities YMCA as a designee to provide recreational or social services under the proposed ordinance and return that resolution for consideration at the December 3, 2013 City Council Meeting. The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, Councilmember Moore, and Councilmember Stewart 5 - 13-276B.Discuss short-term home rentals in single-family neighborhoods and provide direction to staff Assistant City Manager Corder addressed the City Council. He said staff received letters from residents expressing concern over short-term leases of single-family homes in residential neighborhoods near SMU. Mr. Corder said the letters indicated instances where residents temporarily vacate their home and, through a website listing such as VRBO.com (Vacation Rentals By Owner), rent it for a week or a long weekend. Mr. Corder said neighboring homeowners are concerned about these types of rentals and have asked staff to consider how to regulate or ban this type of use in single-family neighborhoods. Mr. Corder asked the City Council if they wanted to direct staff to study the issue further. Mayor Davis asked if there was discussion or a motion on the request. A motion was made by Mayor Pro Tem Bob Clark, seconded by Councilmember Tommy Stewart, to refer study of the issue to the Zoning Ordinance Advisory Committee (ZOAC) for a recommendation to the City Council. The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, Councilmember Moore, and Councilmember Stewart 5 - PUBLIC COMMENTSV. There were no requests to address the Council under Public Comments. Page 3City of University Park November 19, 2013City Council Meeting Minutes ADJOURNMENTVI. As there was no further business, Mayor Davis adjourned the meeting at 5:18 p.m. Considered and Approved this 3rd day of December 2013: __________________________________________ Mayor W. Richard Davis ATTEST: __________________________________________ Elizabeth Spector, City Secretary Page 4City of University Park 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\909_City Council_12_3_2013\0004_1_Staff Report.docx 3:11 PM 11/25 AGENDA MEMO 12/3/2013 Agenda TO: Honorable Mayor and City Council FROM: Robbie Corder, Assistant City Manager SUBJECT: Consider and act on an ordinance amending Section 40 of the Comprehensive Zoning Ordinance to amend the definition of Community Center (Public) BACKGROUND: The current definition of Community Center (public) in the comprehensive zoning ordinance is as follows: “A building and grounds owned and operated by the City of University Park for the social and recreational benefit of the citizens." During a regularly scheduled City Council meeting on November 19, the City Council directed staff to draft an ordinance for the City Council’s consideration to amend the definition of Community Center (Public) as follows: “Community Center (Public) means a building and/or grounds that may be used by the City of University Park, or any person or entity as its designee, to provide recreational or social services for the benefit of the citizens. A designee of the City of University may only use the building and/or grounds for a period not exceeding three (3) years from the date of issuance of a certificate of occupancy by the building department for such use of the building and/or grounds.” The nonresidential use table in the comprehensive zoning ordinance permits the Community Center (Public) use in every nonresidential zoning district except University Campus – 3 and University Campus – 4. The residential use table permits the use in a limited number of residential districts, but only with approval of a specific use permit by the City Council. RECOMMENDATION: The Planning and Zoning Commission considered this item at its regular meeting on June 11, 2013 and voted unanimously to recommend approval of changing the definition. 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)” to read as follows: “Section 40. General Definitions … Community Center (Public) means a building and/or grounds that may be used by the City of University Park, or any person or entity as its designee, to provide recreational or social services for the benefit of the citizens. A designee of the City of University may only use the building and/or grounds for a period not exceeding three (3) years from the date of issuance of a certificate of occupancy by the building department for such use of the building and/or grounds. ….” 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 ____ day of ___________________201_. [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 ____ day of _________ 201_. APPROVED: ____________________________________ W. RICHARD DAVIS, MAYOR ATTEST: ____________________________________ LIZ SPECTOR, CITY SECRETARY 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\909_City Council_12_3_2013\0005_1_Staff Report.docx 3:11 PM 11/25 AGENDA MEMO 12/3/2013 Agenda TO: Honorable Mayor and City Council FROM: Robbie Corder, Assistant City Manager SUBJECT: Consider a resolution naming the Moody Family YMCA a designee providing recreational services for the citizens of the City and to use a building and/or grounds as a Community Center (Public) BACKGROUND: The included resolution formalizes the designation of the Moody Family YMCA (formerly Park Cities YMCA) as a community provider of recreational services, eligible to use various buildings and/or grounds as a Community Center (Public). The nonresidential use table in the comprehensive zoning ordinance permits the Community Center (Public) use in every nonresidential zoning district except University Campus – 3 and University Campus – 4. The residential use table permits the use in a limited number of residential districts, but only with approval of a specific use permit by the City Council. However, the Community Center (Public) use limits a designee of the City to a maximum occupancy of a building and/or grounds to three (3) years from the issuance of a certificate of occupancy. RECOMMENDATION: Staff recommends approval of the resolution. RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING THE MOODY FAMILY YMCA, FORMERLY KNOWN AS THE PARK CITIES YMCA, TO PROVIDE RECREATIONAL SERVICES FOR THE BENEFIT OF THE CITIZENS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Comprehensive Zoning Ordinance of the City provides that a person or entity may use a building and/or grounds as a Community Center (Public) to provide recreational services for the citizens of the City if it is designee of the City for such purpose; and, WHEREAS, the City Council wishes to designate the Moody Family YMCA, formerly known as the Park Cities YMCA, for such purpose; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That as authorized by the Comprehensive Zoning Ordinance, the Moody Family YMCA, formerly known as the Park Cities YMCA, (“Designee”) is hereby designated to provide recreational services for the citizens of the City and to use a building and/or grounds as a Community Center (Public) in an appropriate Zoning District for such purpose. The Designee may only use the building and/or grounds for a period not exceeding three (3) years from the date of issuance of a certificate of occupancy by the building department for such use of the building and/or grounds. SECTION 2. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, on the 3rd day of December 2013. APPROVED: _______________________________ W. RICHARD DAVIS, MAYOR ATTEST: ________________________________________ ELIZABETH SPECTOR, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY (RLD/11-22-13; 63693) 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\909_City Council_12_3_2013\0006_1_Staff Report.docx 3:11 PM 11/25 AGENDA MEMO 12/3/2013 Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood, P.E.; Director of Public Works SUBJECT: Change Order #3 – CPS Civil BACKGROUND: At their September 6, 2011 meeting, the City Council awarded a bid in the amount of $2,546,226 to CPS-Civil for water, sanitary sewer, and paving improvements along numerous streets and alleys. The project is now complete, however, several issues caused the actual project quantities to vary from those on the design plans. Because of the condition of the storm sewer curb & gutter, and street along Tulane north from Caruth, we felt it necessary to extend the improvements north to the Caruth-Colgate alley to assure reliability of service. Paving quantities also differed on another phase of the work near Golf, Thackery, and Rankin. That was apparently a miscalculation of quantities in the bid form. The following is an accounting of the completed project, including change orders: • Approved contract $2,546,226 o Change Order #1 (approved 11/15/11) 101,825 o Change Order #2 (approved 06/05/12) 100,000 o Proposed Change Order #3 144,047 • TOTAL COST OF COMPLETED PROJECT $2,870,051 Funds are available in Capital Projects funding for the proposed change order #3. The three change orders collectively increased the project by 5.24%. RECOMMENDATION: Staff recommends City Council approval of Change Order #3 to the contract with CPS- Civil in the amount of $144,047. FUNDING SOURCE: • CAPITAL PROJECTS FUND o Acct No 42.42.4430 o Project No 47017.2300