HomeMy WebLinkAbout2014.01.07 City Council AgendaCity Council
City of University Park
Meeting Agenda
City Hall
3800 University Blvd.
University Park, TX 75205
Council Chamber5:00 PMTuesday, January 7, 2014
EXECUTIVE SESSION
3:30 - 4 PM The City Council will meet in closed session pursuant to Texas
Government Code §551.072 to discuss confidential real estate matters. No action will
be taken. Executive Conference Room, 1st floor, City Hall.
PRE-MEETING WORK SESSION(S)
4 - 4:30 PM The Council will meet in open work session to receive information from
Director of Public Works Bud Smallwood in a discussion of potential renovations to the
Miracle Mile shopping center infrastructure. No action will be taken. Council
Conference Room, 2nd Floor, City Hall.
4:30 - 5 PM 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.
I.CALL TO ORDER
A.INVOCATION: Director of Public Works Bud Smallwood
B.PLEDGE OF ALLEGIANCE: Director of Public Works Smallwood / 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 and act on a Resolution amending Appendix A - Fee Schedule
of the Code of Ordinances
A.13-303
Staff Report
Resolution amending Fee Schedule 01072014
Exhibit to Fee Schedule changes 01072014
Attachments:
Page 1 City of University Park Printed on 1/3/2014
January 7, 2014City Council Meeting Agenda
Consider and act on cooperative purchase of two (2) pickup trucksB.13-305
Staff Report
BuyBoard Contract details
Attachments:
Consider minutes of the December 17, 2013 City Council Meeting with
or without corrections
C.13-302
Staff Report
2013.12.17 City Council Mtg MIn
Attachments:
IV.MAIN AGENDA
Consider Library Meeting Room Use AgreementA.13-306
Staff Report
Library Meeting Room Use Agreement
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.
Page 2 City of University Park Printed on 1/3/2014
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\913_City Council_1_7_2014\0001_1_Staff Report.docx 9:34 AM 01/03
AGENDA MEMO
1/7/2014 Agenda
TO: Honorable Mayor and City Council
FROM: Thomas W. Tvardzik, Director of Finance
SUBJECT: Approval of resolution amending Appendix A - Fee Schedule
BACKGROUND:
This amendment includes fee revisions for the use of the large meeting room at the City
library, as well as new fees for the use of the “Local History/Conference Room.”
Additionally, the amendment includes a fee for City staffing of meeting room functions
extending beyond 6:00 p.m.
The basis for these fee revisions and additions is described in the attached memo from
Library Director, Sharon Martin.
RECOMMENDATION:
Approve the resolution amending Appendix A - Fee Schedule.
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS, AMENDING APPENDIX A, FEE SCHEDULE, OF THE UNIVERSITY
PARK CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That Appendix A of the Code of Ordinances is hereby amended by as
follows in Exhibit A.
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 7th
day of January, 2014.
APPROVED:
__________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
_________________________________
ELIZABETH SPECTOR, CITY SECRETARY
EXHIBIT A
CITY OF UNIVERSITY PARK, TEXAS
APPENDIX A, FEE SCHEDULE, CODE OF ORDINANCES
ARTICLE A8.00 LIBRARY SERVICES
Sec. A8.001 Borrowing privileges
(a) Resident borrowing card (library card): No charge. (Nonresident fees are set by separate
policy.)
(b) Library card replacement fee: $10.00.
Sec. A8.002 Fines
(a) Overdue materials fine: $0.25/item/day.
(b) Lost materials processing fee: $10.00.
Sec. A8.003 Meeting Room rental fees
(a) Meeting Room - Nonprofit organization:
(1) First two hours: $25.00. $50.00
(2) Additional two hours: $20.00. $25.00
(3) Staffing (required after 6:00 p.m.): $30.00 per hour
(b) Meeting Room - For profit organizations:
(1) First two hours: $250.00. $300.00
(2) Additional two hours: $150.00. $200.00
(3) Staffing (required after 6:00 p.m.): $30.00 per hour
(c) Local History/Conference Room:
(1) First two hours: $30.00
(2) Additional two hours: $15.00
Sec. A8.004 Reproduction/print fees
The library may charge $0.15 per page for printing from computer or online sources.
(Resolution 13/01 adopted 2/5/13)
Li
b
r
a
r
y
Fe
e
s
‐
Pr
o
p
o
s
e
d
De
c
e
m
b
e
r
20
1
3
No
n
‐re
s
i
d
e
n
t
bo
r
r
o
w
i
n
g
ca
r
d
(a
n
n
u
a
l
)
V
a
r
i
e
s
;
se
e
Ci
t
y
of
Un
i
v
e
r
s
i
t
y
Pa
r
k
Public Library Borrowin
Li
b
r
a
r
y
ca
r
d
re
p
l
a
c
e
m
e
n
t
fe
e
$
1
0
.
0
0
Ov
e
r
d
u
e
fi
n
e
$0
.
2
5
Lo
s
t
ma
t
e
r
i
a
l
s
pr
o
c
e
s
s
i
n
g
fe
e
$
1
0
.
0
0
Lo
c
a
l
Hi
s
t
o
r
y
/ Co
n
f
e
r
e
n
c
e
Ro
o
m
(1
s
t
tw
o
ho
u
r
s
)
$
3
0
.
0
0
Lo
c
a
l
Hi
s
t
o
r
y
/ Co
n
f
e
r
e
n
c
e
Ro
o
m
(a
d
d
i
t
i
o
n
a
l
tw
o
ho
u
r
s
)
$
1
5
.
0
0
Me
e
t
i
n
g
ro
o
m
‐
no
n
p
r
o
f
i
t
(1
s
t
tw
o
ho
u
r
s
)
$
5
0
.
0
0
Me
e
t
i
n
g
ro
o
m
‐
no
n
p
r
o
f
i
t
(a
d
d
i
t
i
o
n
a
l
tw
o
ho
u
r
s
)
$
2
5
.
0
0
Me
e
t
i
n
g
ro
o
m
‐
fo
r
pr
o
f
i
t
(1
s
t
tw
o
ho
u
r
s
)
$
3
0
0
.
0
0
Me
e
t
i
n
g
ro
o
m
‐
fo
r
pr
o
f
i
t
(a
d
d
i
t
i
o
n
a
l
tw
o
ho
u
r
s
)
$
2
0
0
.
0
0
Me
e
t
i
n
g
ro
o
m
st
a
f
f
i
n
g
af
t
e
r
6p
m
$
3
0
.
0
0
pe
r
ho
u
r
Co
m
p
u
t
e
r
or
sc
a
n
n
e
r
pr
i
n
t
ou
t
s
,
pe
r
pa
g
e
$
0
.
1
5
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\913_City Council_1_7_2014\0002_1_Staff Report.docx 9:34 AM 01/03
AGENDA MEMO
1/7/2014 Agenda
TO: Honorable Mayor and City Council
FROM: Christine Green, Purchasing Agent
SUBJECT: Cooperative Purchase of Two Pickup Trucks
BACKGROUND:
The trucks listed below are scheduled for purchase:
DESCRIPTION USER DEPT
PURCHASE
AMOUNT
COOP. PURCHASING
CONTRACT
PROPOSED
VENDOR
2014 Ford F-250 Sanitation $24,716 BuyBoard #430-13 Caldwell Country
2014 Chevrolet
C1500
Community
Development $22,106 BuyBoard #358-10 Caldwell Country
The first truck is a replacement vehicle for the Sanitation Superintendent. The second
truck is new to the fleet and will serve as a vehicle for the newest Building Inspector.
Jim Gau, Fleet Manager, obtained pricing for the trucks via the BuyBoard cooperative
contract. Purchases made through BuyBoard satisfy all competitive bidding
requirements.
RECOMMENDATION:
Staff recommends purchase of the vehicles from Caldwell County via the BuyBoard in
the total amount of $46,822.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\913_City Council_1_7_2014\0003_1_Staff Report.docx 9:34 AM 01/03
AGENDA MEMO
1/7/2014 Agenda
TO: Honorable Mayor and City Council
FROM: Liz Spector, City Secretary
SUBJECT: Minutes of the December 17, 2013 City Council Meeting
BACKGROUND:
Minutes of the 12/17/2013 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, December 17, 2013
EXECUTIVE SESSION
3:39 - 4:10 P.M. The City Council met in closed session pursuant to Texas
Government Code §551.072 to discuss confidential real estate matters. Present
were Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, Councilmember
Moore and Councilmember Stewart. Staff present included City Manager Bob
Livingston, Assistant City Manager Robbie Corder, Director of Public Works Bud
Smallwood, Assistant Director of Public Works Jacob Speer, and Director of Parks
Gerry Bradley. No action was taken. Executive Conference Room, 1st floor, City
Hall.
PRE-MEETING WORK SESSION(S):
4:15 - 4:35 P.M. Director of Parks Gerry Bradley reviewed a petitioned request to
improve landscaping on city-owned rights-of-way located on the south side of the
2800 and 2900 blocks of McFarlin Blvd. Mr. Bradley displayed photographs of the
site to show the Council the condition of the area. He mentioned that several of the
homes have rear-access drives constructed through the right-of-way which could
present challenges to improve the location. He said approximated the cost to
improve the site could be around $200,000. Mr. Bradley suggested contracting with a
landscape architect for a tentative design plan for the Council to review. He said the
fee for the design plan would be approximately $15,000. He also said a site survey
would need to be conducted at an additional cost. Mayor Davis asked Mr. Bradley to
bring more information to an upcoming meeting. No action was taken. Council
Conference Room, 2nd floor, City Hall.
4:35 - 4:50 P.M. Director of Public Works Bud Smallwood reviewed a plan to
construct decorative medians along Preston Road, north from Lovers Lane to
Northwest Highway. Mr. Smallwood said the approximate cost to install and
landscape the medians could be $2.5 to $2.6 million. He also said he proposed to
notify all homeowners one block to the east and one block to the west of Preston
prior to detailed Council consideration because of concerns related to left turns into
and out of alleys. After some discussion, Mayor Davis asked Mr. Smallwood to
provide different options for the Council to review to an upcoming meeting. No action
was taken. Council Conference Room, 2nd floor, City Hall.
4:50 - 5 P.M. The Council met in open work session to receive agenda briefings from
staff. Purchasing Agent Christine Green reviewed replacement vehicle and trailer
purchases, Director of Finance Tom Tvardzik reviewed an ordinance carrying forward
open purchase orders from the prior fiscal year and Library Director Sharon Martin
discussed the amended meeting room policy for the rooms available for public lease.
City Manager Livingston asked City Attorney Dillard to create a lease agreement with
an indemnification agreement for anyone requesting use of the rooms. Mr. Dillard
said he will provide that to staff prior to the next meeting. Ms. Martin also stated a fee
resolution amendment will be brought to the Council's next meeting for their
consideration. No action was taken. Council Conference Room, 2nd floor, City Hall.
Page 1City of University Park
December 17, 2013City Council Meeting Minutes
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: Assistant City Manager Robbie CorderA.
PLEDGE OF ALLEGIANCE: Asst. City Manager CorderB.
INTRODUCTION OF COUNCIL: Mayor W. Richard DavisC.
INTRODUCTION OF STAFF: City Manager Bob LivingstonD.
Seated on the dais were City Manager Bob Livingston and City Attorney Robert L .
Dillard, III.
Staff present included: Assistant to the City Manager George Ertle, Assistant
Director of Public Works Jacob Speer, Purchasing Agent Christine Green , Director of
Finance Tom Tvardzik, Director of Parks Gerry Bradley, Human Resources Director
Luanne Hanford, Assistant City Manager Robbie Corder, Chief of Police Greg
Spradlin, Library Director Sharon Martin, Community Information Officer Steve Mace,
Director of Information Services Jim Criswell and City Secretary Liz Spector.
AWARDS AND RECOGNITIONII.
NONE
CONSENT AGENDAIII.
A motion was made by Councilmember Moore, 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 -
13-292A.Consider approval of cooperative purchases of vehicle and equipment
replacements
Consent agenda approval authorized purchase of replacement vehicles and
equipment through BuyBoard and TXMAS for the Parks, Utilities, Infrastructure
Maintenance, Police, Sanitation and Traffic divisions in the aggregate amount of
$502,927.21.
13-294B.Consider approval to purchase transfer trailers for the Sanitation
Division
Consent agenda approval authorized purchase of two transfer trailers for the
Sanitation Division from Steco in the total amount of $102,792.
Page 2City of University Park
December 17, 2013City Council Meeting Minutes
13-296C.Consider and act on an ordinance amending the FY2014 budget to
carryforward FY2103 encumbrances
Consent agenda approval adopts an ordinance amending the FY2014 Budget to
encumber open purchase orders in the amount of $571,518.
Enactment No: 13/037
13-297D.Consider minutes of the December 3, 2013 City Council Meeting with
or without corrections
Minutes of the December 3, 2013 City Council Meeting were approved as submitted.
MAIN AGENDAIV.
13-291A.Consider amendment to the University Park Public Library's Meeting
Room Policy
A motion was made by Councilmember Begert, seconded by Councilmember
Stewart, that this Action Item be approved subject to Council approval of fee
changes and subject to the liability policy and usage policy. The motion carried
by the following vote:
Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert,
Councilmember Moore, and Councilmember Stewart
5 -
PUBLIC COMMENTSV.
No requests to address the Council were received.
ADJOURNMENTVI.
As there was no further business, Mayor Davis adjourned the meeting at 5:10 p.m.
Considered and approved this 7th day of January 2014:
______________________________________
Mayor W. Richard Davis
ATTEST:
______________________________________
Elizabeth Spector, City Secretary
Page 3City of University Park
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
U:\City Council Agenda Memos\January 7 Changes.docx 2:51 PM 01/02/14
AGENDA MEMO
1/7/2014 Agenda
TO: Honorable Mayor and City Council
FROM: Sharon Martin, Library Director
SUBJECT: Proposed Use Agreement for University Park Public Library Meeting
Room Policy
BACKGROUND:
A Use Agreement for rentals of the University Park Public Library Meeting Room is
proposed. This agreement will require groups larger than 50 people in attendance to
have liability insurance.
RECOMMENDATION:
The staff recommends that Council approve these changes.
USE AGREEMENT 64049 27509
STATE OF TEXAS §
§ Use Agreement
COUNTY OF DALLAS §
This Use Agreement (“Agreement”) is by and between the City of University
Park (“City”) and ___________________________ (“User”), on the _____ day of
___________, 20__ acting by and through their authorized representatives.
WHEREAS, the City is the owner of the property located in the Plaza at Preston
Center and known as the University Park Public Library (“Library”); and
WHEREAS, User desires to use a portion of the Library (the “premises”) for a
meeting or event (the “Use”);
NOW, THEREFORE, for and in consideration of the mutual covenants and
other valuable consideration the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
Article I
Term
The Use will be for a period of _________________________(date(s) and
time(s)) (the “term”).
Article II
Use
2.1 Permission. City does hereby grant permission to User to use the premises
during the term.
2.2 Permitted Use. The premises shall be used for the purpose of
_____________________________ by User (“Permitted Use”).
2.3 Signage. All signs used by the User on the premises shall be approved by
the City Librarian prior to installation. Signs shall conform to all city Code requirements.
2.4 Rent and Other Payments. User will pay a rental fee of
__________________________, payable in advance. User will pay all utility costs,
telephone, and operating costs.
2.5 Loss from Theft. City shall not be responsible for any loss of goods
or materials because of theft, fire, vandalism, flooding, loss of power, or acts of God
which User may suffer during its use of the premises.
2.8 Condition of Premises. User agrees to comply with all Library “Meeting
Room Policies and Procedures” and “Meeting Room Instructions” set out in Exhibit “A”
USE AGREEMENT 64049 27509
attached hereto and made part hereof for all purposes. User will not in any manner
deface or injure the premises and will pay the cost of repairing any damage or injury done
to the premises or the Building by User or User's agents, employees or invitees. User
shall take good care of the Premises and keep them free from waste and nuisance of any
kind. User agrees to keep the premises, including without limitation, all fixtures installed
by User and all plate glass, walls, carpeting and other floor covering, in good, clean
condition and make all necessary repairs. At the termination of this Agreement, User
shall deliver up the premises with all improvements located thereon in good repair and
condition, normal wear and tear excepted, failing which City may restore the premises to
such condition and User shall pay the cost thereof.
2.9 Alterations and Additions. User shall not make, or allow to be made,
any alterations or physical additions in or to the premises without the prior written
consent of City. All unattached and movable furniture and trade fixtures installed by
User shall be removed by User at the end of the term. All such removals and restoration
shall be accomplished in a good workmanlike manner and User agrees to repair any
damage caused to the Building or the premises by such removal.
2.10 Use of Premises. User will not occupy or use, nor permit to be occupied
or used, any portion of the premises for any business or other purpose except for the
Permitted Use, nor for any other business or purpose which is unlawful or deemed to be
disreputable in any manner or extra hazardous on account of fire, nor permit anything to
be done which will increase the rate of fire insurance on the Building. User shall not
permit any activity that emits any odor that intrudes into other portions of the Building,
use any apparatus or machine which makes undue noise or causes vibration in any
portion of the Building or otherwise interferes with, annoys or disturbs any other User.
User will maintain the premises in a clean and healthful condition and will comply with
all laws, ordinances, orders, rules and regulations, including state, federal, municipal and
other agencies having any jurisdiction thereof. User shall conduct its business and
control its agents, employees and invitees in such manner as not to create any nuisance or
interference with, annoy or disturb other users of the Building.
2.11 Insurance. A User who will have fifty or more attendees at its event or
during its use of the Premises shall procure and maintain throughout the term a policy or
policies of insurance, at its expense, insuring User and City against any and all liability
for property damage and injury to or death of any person or persons occasioned by, or
arising out of, or in connection with the use or occupancy of the premises, including the
serving of alcoholic beverages. The limits of such policy or policies shall be in an
amount not less than One Million Dollars ($1,000,000) with respect to injuries or death to
any one person, or to any one accident or disaster and in an amount not less than Three
Hundred Thousand Dollars ($300,000) with respect to property damaged or destroyed.
User shall furnish evidence satisfactory to City of the maintenance of such insurance and
shall obtain a written obligation on the part of each insurance company to notify City at
least ten (10) days prior to modification or cancellation of such insurance. User shall
secure and furnish to the City a Certificate of Insurance evidencing these coverages and
naming the City, its officers and employees as additional insured.
USE AGREEMENT 64049 27509
2.12 Indemnification. The User agrees to release, indemnify and hold
harmless the City, its officers, agents, employees, and third party representatives
(collectively referred to as “City”) from any and all claims, damages, causes of action of
any kind whatsoever, statutory or otherwise, personal injury (including death), property
damage and lawsuits and judgments, including court cost, expenses and attorney’s fees,
and all other expenses arising directly or indirectly from the User’s performance of this
Agreement or use of the premises.
2.13 Termination of Agreement. This Agreement may be terminated by the
City or User by the giving of twenty-four (24) hours’ written notice thereof to the other
party.
Article III
Miscellaneous
3.1 Amendment. No provision of this Agreement may be altered or amended
without the express written agreement of the parties hereto.
3.2 Governing Law. This Agreement is entered into in Dallas County, Texas,
wherein exclusive venue shall lie of any action brought to enforce the provisions hereof.
This Agreement shall be governed by the laws of the State of Texas.
3.3 Severability. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not effect any other
provisions, and the Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in it..
3.4 Authorization. Each party represents that it has full capacity and
authority to grant all rights and assume all obligations that is granted and assumed under
this Agreement.
3.5 Notice. Any notice required or permitted to be delivered hereunder may
be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the
address specified below, or to such other party or address as either party may designate in
writing, and shall be deemed received three (3) days after delivery set forth herein:
If intended for: With Copy:
City of University Park Robert L. Dillard III
Attention: City Manager Nichols, Jackson, Dillard,
3800 University Blvd. Hager & Smith, L.L.P.
University Park, Texas 75205 1800 Ross Tower
500 N. Akard
Dallas, Texas 75201
USE AGREEMENT 64049 27509
If intended for User:
3.6 Entire Agreement. This is the entire Agreement between the parties with
respect to the subject matter covered herein. There is no other collateral oral or written
agreement between the parties that in any manner relates to the subject matter of this
Agreement, except as provided in the Exhibit attached hereto.
3.7 Recitals. The recitals to this Agreement are incorporated herein.
3.8 Survival of Covenants. Any of the representations, warranties,
covenants, and obligations of the parties, as well as any rights and benefits of the parties,
pertaining to a period of time following the termination of this Agreement shall survive
termination.
EXECUTED on the ____ day of ______________ 20__.
City of University Park, Texas
By: ________________________________
Sharon Martin, Library Director
EXECUTED on the ____ day of _______________ 20__.
User, ____________________________
By: ________________________________
________________, its ________________
USE AGREEMENT 64049 27509
City’s Acknowledgment
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of
___________ 20__, by Sharon Martin, being Library Director of the City of University
Park, Texas, on behalf of said municipality.
Notary Public, State of Texas
My Commission expires:
User’s Acknowledgement
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of
___________ 20__, by _______________________, __________________of
_______________________, on behalf of said ____________.
Notary Public, State of Texas
My Commission expires: