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HomeMy WebLinkAbout2014.01.21 City Council AgendaCity Council City of University Park Meeting Agenda City Hall 3800 University Blvd. University Park, TX 75205 Council Chamber5:00 PMTuesday, January 21, 2014 PRE-MEETING WORK SESSION: 4:30 - 5 PM: 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: Mayor Pro Tem Bob Clark B.PLEDGE OF ALLEGIANCE: Mayor Pro Tem Bob Clark / 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 request to abandon certain street right-of-way adjacent to 7320 Turtle Creek Blvd. A.14-005 Staff Report Survey - 7320 Turtle Creek with proposed abandonment Attachments: Page 1 City of University Park Printed on 1/17/2014 January 21, 2014City Council Meeting Agenda Consider and act on a Resolution amending Appendix A - Fee Schedule of the Code of Ordinances B.14-008 Staff Report Library Fees Resolution amending Fee Schedule 01212014 Exhibit to Fee Schedule changes 01212014 Attachments: Consider and act on minutes of the January 7, 2014 City Council Meeting with or without corrections C.14-001 Staff Report January 7, 2014 City Council Mtg Min Attachments: IV.MAIN AGENDA Consider and act on proposed Use Agreement for the Library Community Room A.14-006 Staff Report Library Use Agreement.pdf Attachments: Consider and act on a proposal from RL Goodson to provide engineering services associated with silt removal at Williams Park pond B.14-002 Staff Report RLG desilting proposal 2014 Attachments: Consider and act on a proposal from RL Goodson to provide engineering services associated with proposed Miracle Mile improvements C.14-004 Staff Report miracle mile site map.jpg Preliminary Design Proposal - RLG 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 1/17/2014 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\914_City Council_1_21_2014\0001_1_Staff Report.docx 12:05 PM 01/1 AGENDA MEMO 1/21/2014 Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood, P.E.; Director of Public Works SUBJECT: Right-of-Way Abandonment Request BACKGROUND: Staff recently received a request from the owner of 7320 Turtle Creek Blvd. for the City to abandon approximately ten (10’) feet of right-of-way along the property frontage. A copy of the survey, including the proposed abandonment is attached to provide further detail. The Turtle Creek Blvd. R-O-W is extremely wide, and several similar abandonments have been previously approved by Council. The City has no current or future utility or street use of the excess R-O-W. If Council is amenable to the abandonment, staff will arrange for an appraisal of the property, at the property owner’s expense, to determine fair market value (FMV) of the proposed abandonment. The City Attorney will develop the necessary ordinance for Council action. If approved, and following payment of the FMV, a certified copy of the abandonment ordinance must be filed at Dallas County. Mr. Connell must then have an amending plat prepared by his surveyor and approved by the City’s Community Development staff. RECOMMENDATION: Staff recommends City Council approval of the request to abandon excess street right- of-way adjacent to 7320 Turtle Creek Blvd. LOT 19 Part of 1982.4 sq.ft. TRACT II oome Land Surveying, Inc.R www.roomesurveying.com 2000 Avenue G, Suite 810 Plano, Texas 75074 Phone (972) 423-4372 / Fax (972) 423-7523 L E G E N D BEGINNING POINT OF T u r t l e C r e e k B o u l e v a r d TRACT I P:\LB\2014Q1\lb109442.dwg 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\914_City Council_1_21_2014\0002_1_Staff Report.docx 12:05 PM 01/1 AGENDA MEMO 1/21/2014 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 the attached listing from Library Director, Sharon Martin. RECOMMENDATION: Approve the resolution amending Appendix A - Fee Schedule. Library Fees - Proposed December 2013 Non-resident borrowing card (annual) Varies; see City of University Park Public Library Borrowing Policy Library card replacement fee $10.00 Overdue fine $0.25 Lost materials replacement fee Varies according to original acquisition price of the book Lost materials processing fee $10.00 Local History / Conference Room (1st two hours) $30.00 Local History / Conference Room (additional two hours) $15.00 Meeting room - nonprofit (1st two hours) $50.00 Meeting room - nonprofit (additional two hours) $25.00 Meeting room - for profit (1st two hours) $300.00 Meeting room - for profit (additional two hours) $200.00 Meeting room staffing after 6pm $30.00 per hour Computer or scanner print outs, per page $0.15 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 21st 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) Nonresident borrowing card: see City of University Park Public Library Borrowing Policy. (c) Library card replacement fee: $10.00. Sec. A8.002 Fines (a) Overdue materials fine: $0.25/item/day. (b) Lost materials replacement fee: varies according to original acquisition price. (c) 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) 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\914_City Council_1_21_2014\0003_1_Staff Report.docx 12:06 PM 01/1 AGENDA MEMO 1/21/2014 Agenda TO: Honorable Mayor and City Council FROM: Liz Spector, City Secretary SUBJECT: Minutes of the January 7, 2014 City Council Meeting BACKGROUND: Minutes of the 1/07/2014 City Council Meeting are included for the Council’s review and approval. RECOMMENDATION: City Hall 3800 University Blvd. University Park, TX 75205 City of University Park Meeting Minutes City Council 5:00 PM Council ChamberTuesday, January 7, 2014 EXECUTIVE SESSION 3:34 - 3:57 PM The City Council met in closed session pursuant to Texas Government Code §551.072 to discuss confidential real estate matters. Mayor Dick Davis, Mayor Pro Tem Bob Clark, and Councilmembers Bob Begert, Dawn Moore and Tommy Stewart were present . Also present were City Manager Bob Livingston, City Attorney Robert L . Dillard, III, Assistant City Manager Robbie Corder, City Secretary Liz Spector, Director of Public Works Bud Smallwood, Community Information Officer Steve Mace and Assistant to the City Manager George Ertle . No action was taken. Executive Conference Room, 1st floor, City Hall. PRE-MEETING WORK SESSION(S) 4:10 - 4:20 PM The Council met 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. Mr. Smallwood displayed drawings depicting possible parking lot and street configurations to allow installation of decorative medians. He asked the Council to consider the offer of a local landscape designer to create a conceptual design of the area and then take that concept to a contractor for more specific cost information. Mayor Davis and the Council agreed that the area is in need of work and requested Mr. Smallwood obtain the drawing and cost estimates and present to them in the near future. No action was taken. 4:20 - 4:40 PM The Council met in open work session to receive agenda item briefings from staff. Director of Finance Tom Tvardzik briefed the Council on the fee resolution amendment. He said the amendment incorporates proposed library meeting room fee changes. Purchasing Agent Christine Green briefed the Council on the proposed purchase of two pickup trucks. She stated one truck will be used by the building inspectors and the other truck will be for the Sanitation Department. There were no questions for Ms. Green. Library Director Sharon Martin briefed the Council on the library meeting room application and liability insurance requirement. Councilmember Moore asked Library Director Sharon Martin if she was concerned that requiring community room users to have liability insurance would hamper the ability of some groups to use the meeting rooms. Ms. Martin said she had spoken with representatives of several groups and found while many of them do carry the insurance, some do not. The Council discussed whether it may be more appropriate to raise room rental fees slightly to cover the City's liability insurance costs. Mr. Livingston said staff will bring more details to the Council on this item and suggested no action be taken on the issue during the current meeting. Mr. Livingston also suggested tabling the amendment to the fee resolution until this item is returned. Page 1City of University Park January 7, 2014City Council Meeting Minutes There were no more questions for staff and the work session was adjourned at 4:40 p.m. 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 Public Works Bud SmallwoodA. PLEDGE OF ALLEGIANCE: Director of Public Works SmallwoodB. INTRODUCTION OF COUNCIL: Mayor W. Richard DavisC. INTRODUCTION OF STAFF: City Manager Bob LivingstonD. City Manager Bob Livingston and City Attorney Robert L . Dillard, III were present and seated on the dais. Other staff in attendance included Assistant City Manager Robbie Corder , City Secretary Liz Spector, Community Information Officer Steve Mace, Director of Information Services Jim Criswell, Chief of Police Greg Spradlin, Director of Public Works Bud Smallwood, Director of Finance Tom Tvardzik , Director of Human Resources Luanne Hanford, Assistant to the City Manager George Ertle, Assistant Director of Public Works Jacob Speer, Purchasing Agent Christine Green , Fire Chief Randy Howell and Library Director Sharon Martin. AWARDS AND RECOGNITIONII. NONE CONSENT AGENDAIII. A motion was made by Councilmember Begert, seconded by Mayor Pro Tem Clark, to approve the Consent Agenda subject to tabling File 13-303, consideration of an amendment to the Fee Resolution. The motion carried by the following vote: Aye:Mayor Davis, Mayor Pro Tem Clark, Councilmember Begert, Councilmember Moore, and Councilmember Stewart 5 - 13-305B.Consider and act on cooperative purchase of two (2) pickup trucks Consent agenda approval authorizes purchase of a 2014 Ford F150 the amount of $24,716 for the Sanitation Division and a 2014 Chevrolet C1500 in the amount of $22,106 for the Community Development Department. 13-302C.Consider minutes of the December 17, 2013 City Council Meeting with Page 2City of University Park January 7, 2014City Council Meeting Minutes or without corrections The December 17, 2013 Minutes were approved as submitted. 13-303A.Consider and act on a Resolution amending Appendix A - Fee Schedule of the Code of Ordinances Consideration of the resolution amending the fee resolution was tabled. MAIN AGENDAIV. 13-306A.Consider Library Meeting Room Use Agreement A motion was made that consideration of the Library Meeting Room Use Agreement be tabled. 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 City Council under Public Comments. ADJOURNMENTVI. As there was no further business, Mayor Davis adjourned the meeting. CONSIDERED AND APPROVED this 21st day of January 2014: ____________________________________ Mayor W. Richard Davis ATTEST: ____________________________________ City Secretary Liz Spector Page 3City of University Park 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\914_City Council_1_21_2014\0004_1_Staff Report.docx 12:06 PM 01/1 AGENDA MEMO 1/21/2014 Agenda TO: Honorable Mayor and City Council FROM: Sharon Martin, Library Director SUBJECT: Proposed Use Agreement for University Park Public Library Community Room BACKGROUND: A Use Agreement for rentals of the University Park Public Library Meeting Room is proposed. This agreement, drafted by City Attorney Robert Dillard, requires that the user accept liability for any occurrences while using the Community Room. RECOMMENDATION: City staff has confirmed the City’s insurance coverage with our carrier. Staff recommends that the City Council approve this agreement. 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 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. 2.12 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 USE AGREEMENT 64049 27509 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 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. USE AGREEMENT 64049 27509 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: 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\914_City Council_1_21_2014\0005_1_Staff Report.docx 12:06 PM 01/1 AGENDA MEMO 1/21/2014 Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood, P.E.; Director of Public Works SUBJECT: Engineering Proposal – Williams Park De-Siltation BACKGROUND: Leaves and grass clippings that find their way into the City’s storm sewer system have a major impact on the decorative pools at City Parks (Williams, Goar, Curtis and Caruth). Erosion of open creek channels through private property is another contributing factor in the amount of silt that builds up over time. The current approved Capital Projects Fund lists Project 49600 for FY2014 and FY2015 for removing the silt. The 2014 funding is for planning and engineering of the actual construction activities, which are proposed for 2015. Staff solicited a proposal from R.L. Goodson to provide the necessary engineering services for the project. They will deal with regulatory agencies (Corps of Engineers and possibly the Texas Commission on Environmental Quality) and assist in preparation of bid documents for the project. They will contract with an environmental consultant, Integrated Environment Solutions, for certain project tasks. RECOMMENDATION: Staff recommends City Council approval of the R.L. Goodson contract in the amount of $14,600, subject to the deletion of the “limit of liability” clause, listed as item 10, page 2 of the General Conditions of Agreement. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 P:\Agenda Packets\914_City Council_1_21_2014\0006_1_Staff Report.docx 12:06 PM 01/1 AGENDA MEMO 5/21/2013 Agenda TO: Honorable Mayor and City Council FROM: Gene R. Smallwood, P.E.; Director of Public Works SUBJECT: RLG Proposal for Engineering Services BACKGROUND: Staff updated the City Council on the status of the proposed Miracle Mile improvements at their 01.07.14 meeting. Following receipt of the surveying, property line information, and topographic data, the next phase will be to develop a conceptual drawing that will illustrate what street, median, and sidewalk improvements will fit within the Lovers Lane right-of-way. Once that is accomplished, we'll ask Walter Dahlberg to provide recommendations on landscaping and decorative lighting for the project. That drawing, when approved by Council, will be used in public meetings to inform merchants and property owners what is proposed. To that end, staff met last week with representatives of RL Goodson Consulting Engineers to discuss their development of the above-referenced concept plan. Following the meeting, we solicited a proposal for furnishing the requisite engineering services, a copy of which I've attached to this memo. Funds are available in the approved FY2014 Capital Projects Fund (Project No 48910) for the cost of this work, and identified as project RECOMMENDATION: Staff recommends City Council approval of the RL Goodson proposal/contract in the amount of $15,500, SUBJECT TO THE DELETION OF THE "Limit of Liability" clause (item 10 of the General Conditions of Agreement).