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Home My WebLink AboutAgenda 12-13-05 Web A G E N D A #2523 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, DECEMBER 13, 2005 AT 5:00 P.M. 3:45-4:00 P.M. CIVIC FOUNDATION BOARD OF DIRECTORS MEETING 4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW I. INVOCATION – City Manager Bob Livingston II. PLEDGE OF ALLEGIANCE – City Manager Bob Livingston/Boy Scouts III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V.AWARDS AND RECOGNITION PRESENTATION: Achievement of Excellence in Procurement Award to Purchasing Agent Christine Green PRESENTATION: Police Department Officers of the Second, Third and Fourth Quarters 2005 CERTIFICATE OF APPRECIATION: Curley Insurance Group for Donation to the Fire Department for Purchase of Equipment VI. RECOGNITION OF BOY SCOUTS VII. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. VIII.CONSENT AGENDA A. CONSIDER: License Agreement for Right-of-Way, 3160 Daniel B. CONSIDER: Ordinance Amending Time Requirements for Sidewalk Replacement C. CONSIDER: Purchase of Public Safety Mapping Software D. CONSIDER: Purchase of Pick-Up Trucks for Warehouse and Equipment Services Divisions E. CONSIDER: Annual Contract for Concrete Sand, Pea Gravel, Loam, Landscaping Soils F. CONSIDER: Approval of City Council Meeting Minutes for November 8, 2005 IX.MAIN AGENDA A.PUBLIC HEARING: Ordinance amending Planned Development District No. 1, 6900 Snider Plaza B.PUBLIC HEARING: Ordinance amending Section 28-107, Comprehensive Zoning Ordinance, Fence Requirements, UC, O, GR, RC, SC, C and PD Districts C.CONSIDER: Ann Kathryn Kerwin Memorial Sculpture D.CONSIDER: Ordinance to Abandon Street Right-of-Way Adjacent to 7417 Turtle Creek Boulevard E.CONSIDER: Ordinance to Abandon Street Right-of-Way, Intersection Dublin and Dyer to Southern Methodist University F.CONSIDER: Development Agreement with Southern Methodist University Extending Use of the Temporary Athletic Facility G.CONSIDER: Development and Exchange Agreement for City-Owned Property 4419 Worcola H.CONSIDER: Bid and Award of Contract to SYB Construction Company, Utility Improvements, Turtle Creek Boulevard and Baltimore Drive I.CONSIDER: Change Order No. 3, Turtle Creek Box Culvert, City Hall Expansion J.CONSIDER: Change Order No. 1, Curb and Gutter Concrete Repairs, Various Locations K.CONSIDER: Ordinance amending Chapter 3, Article 3.1600 “House Numbering”, Section 3.1603 “Method of Numbering” to Provide for Assignment of Street Addresses for Residential Buildings L.CONSIDER: Ordinance Amending Chapter 2, Code of Ordinances, Section 2.606, Dogs on School Property M.CONSIDER: Policy, Procedures and Application Form for Public Facility Naming N.CONSIDER: Design Contract for City Entrance Marker Program O.CONSIDER: Ordinance amending Budget to Approve Encumbrances from Previous Fiscal Year P.CONSIDER: Bid for Traffic Signal Video Detection/Radio Interconnect System Q.CONSIDER: UIL Letter in Support of Policy Change for Football Championship Games R.CONSIDER: Installation of Sidewalk, West Side, 7800 Block Turtle Creek Boulevard S.OVERVIEW: Fire Department Strategic Planning Process 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. X. INFORMATION AGENDA REPORTS, BOARD AND COMMITTEE MEETING MINUTES A.BOARD OF ADJUSTMENT Minutes for September 26, 2005 B.EMPLOYEE BENFITS ADVISORY COMMITTEE C.FINANCE ADVISORY COMMITTEE D.PARK ADVISORY COMMITTEE E.PLANNING & ZONING COMMISSION Minutes for September 19, 2005 F.PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE G.PUBLIC SAFETY ADVISORY COMMITTEE Minutes for November 1, 2005 H.PUBLIC WORKS ADVISORY COMMITTEE I.URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE J.ZONING ORDINANCE ADVISORY COMMITTEE K.CAPITAL PROJECTS REVIEW COMMITTEE SEP I 9 2005 National Purchasing Institute ~ v. September 12, 2005 Achievement or Excellence in Procurement" Bob Livingston, City Manager City of University Park 3800 University Blvd. University Park, TX 75205 Subject: Achievement of Excellence in Procurement Award Dear Mr. Livingston: The Achievement of Excellence in Procurement award is designed to recognize organizational excellence in procurement. The award is achieved by those organizations that demonstrate excellence in procurement by obtaining a high score on a rating of standardized criteria. The program is designed to measure innovation, professionalism, e-procurement, productivity, and leadership attributes of the procurement function. The Achievement of Excellence in Procurement is sponsored by the National Purchasing Institute (NPI), the California Association of Public Purchasing Officers (CAPPO), Florida Association of Public Purchasing Officers (FAPPO), the Institute of Supply Management (ISM), and the National Institute of Governmental Purchasing (NIGP), the National Association of State Procurement Officials (NASPO) and the National Association of Educational Buyers (NAEB). It is my pleasure to notify you that the Procurement Department for the City of University Park has earned the 10th Annual Achievement of Excellence in Procurement Award for 2005. Moreover, City of University Park is one of only 43 to receive this national award at least five times. A beautiful trophy, which has developed into the AEP icon, will be presented at several locations or mailed in mid-November, in accordance with the application. Congratulations on receiving the Achievement of Excellence in Procurement Award. Sincerely, ~~~ Director of Procurement City of Tucson **and** Chairperson Achievement of Excellence in Procurement Award Committee cc: Kent Austin, Finance Director, City of University Park Achievement of Excellence in Procurement A ward Committee !;J National Purchasing Institute I 65 Enterprise, Aliso Viejo, CA 92656 800-246-7143 I 949-715-7857 I Fax 949-715-6931 I www.nationalpurchasinginstitute.org ISM -= -...... --- B AGENDA MEMO (12/13/05 AGENDA) DA TE: December 5, 2005 ~ TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Officer of the Second, Third and Quarters 2005 ITEM: Be advised that the University Park Police Department has announce its Second, Third and Fourth Officers of the Quarter: Second Quarter: Officer Lita Snellgrove Third Quarter Officer Travis Vavra Fourth Quarter: Officer Robert Keenan RECOMMENDA TION : Awards Corrnnittee met with unanimous approval. ATTACHMENTS: Awards Nomination Forms for all three officers. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 :):\P:': ::.::(:::~:;:: ~;},:::.;"::-:,:j;,C.:':t:: '.' . '; .. ,'." , . ;.;.:: '~:::: .'V. . .:. ,;.. -'- ..-: ;:~ ~; : f,~. ~.~~../ i'-:A.~~:" ' L ,'~" '. -.;- 'I.' ,...' . .. ~i~~ , ~" "'." .fi::"" ClJ' ~.t '. "'- AWARDRECOMI\hEt~r:U\t'HJNINbMINAT. ION FORM '..JI . '~~"i~"" ......';':i.'''.'~ ''',..,~,,~,,; .. OFFICER RECOMMeNOEDINOMtNA'tED "~IlP'TIt"VISION Officer Lita Snellgrove ,~., ".'" :".' ... -',(',oI'''~f~~n ,,:, ,,,,'" , tjrftn..~lreve~ion Office ~ . RECOMMENDEOINOMINATED FOR 5UBM1liEO BY DATE Otficer of the Quarter (April - June 2005) 2nd Quarter Sergeant Robert E. Flood, CIO 6-2-2005 ., Give the reason for your recomm~ation/nomination. Include all relevant details; attach all relevant reports." I would like to take this opportunity to commend Officer Lita Snellgrove and nominate her for Officer of the Quarter (2n4,), for her invaluable assistance during the subsequent investigation of the March 15,2005 triple homicide case in University Park. The Department was tasked with investigating an extremely complex homicide scene that spanned both University Park and the City of Dallas. Although assigned to Crime Prevention, Officer Snellgrove volunteered to serve crn in an investigative and administrative support role. Officer Snellgrove culled through nwnerous witness statements and other preliminalyinvestigative notfs and created a master witness list in spreadsheet format. This spreadsheet was eventually used by i,nveStigatOrs and the District Attorney's Office t~ locate and re..interview witnesses to this offense. Additionally, Officer Snellgrove coordinated with the FBI's Computer Forensic Lab to obtain digital ;",..,~es of the suspects just prior to the murders. I ;f"icet Snellgrove is to be cQll,)ll1ended for hermitiative and the professional contributions she made durmg the $i~Se uent hases irl. this lIlVestigation, RGEANT 'L';Ei~~t' . Date R~ived ... Oat" N,'J .' ;:""..___., __,,_ AGREE [J DISAGREE [') (Attach any comments/paperwork ""$;W~~ ~._-- Si nature FIRST REVIEW BY CHIEF OF E Date Reviewed ~ ';(] Forwarded to Awards Committee Rettimed to Submitting Employee R9c!son:___-+-.,'''", ~ ::,-.:';:;.~,-, CAPTAIN Date Received _ \\-0'+ . oj AGREE ~ DISA~REED (Altach an;' com~ntslpaperwork necessa WI:':fr.:\'OO) ~.. '. J~~~: ".~,>:~j .,-~ \ ., ""at!lre AGREE . I L.i Dls14~~ [] (Attach I!Irry commentsl~\..peryyork necessary to support yo,;, deCision) Signature----' ~ c=::J Date Reviewed APproved as submitted c::::J . Amended to: - , (Attach any comm,ent$/p.aqef~fat.i< necessary to support the amefJtled decif;fon) '. . ,--~-t~ t;~~-----' rt - .' ,--'" ',r., --"------ ~_.~,-,---- ::; ! ,p ~~T:~\ _", I t; tH',' v '<Irl~,' . . !I.<L;;o.1l.,-";L"l",,."&:I/Il;:'W,-~ :' Chal~til.lfnatul~, "...~_- ""__ 1f,tNAf.. REI]!iW eY CH#f,~ .~ POLlCE 1 ~., . . j:, "e'I!'~ec ..."._-----'-- ; /.vf}~~P as ;,;ubmi'ted [-~_ I'!P:')\'~)", ~'S amendedc:=J Chief of ,~'1ii("e Attachment 27-1 ~ ~o-, AWARD RECOMMENDATION/NOMINATION FORM ~J) .,----- OFFICER RECOMMENDED/NOMINATED SHIFT/DIVISION C~D SUBMITTED BY /1/1 . J DATE IV //j? (J-- /' IWGh/if /' I"~ ...) 'uuA-c.r Give the reason for your recommendation/nomination. Include all relevant details; attach all relevant reports: 6EXtfqf .fh.~lori#' ~~" ...OJJ qjJ1loS-; A C(\VW'~( O--rr~tflof f\ ~L-l Ass A\...L H- O(.(.L1 r rl c/ //1 -I~ 3 iOO block. o.p iZc&.~c-. (br. --rr2Ai/'~ VltvrG- \\.l'~~~ C~Vc!.'i,,-\l(' Q...-tc-<i ~ o~iv'e., CA~~ LUdi.irJ 0- -r~ ~.s) D~ VAV,QA \'\~ l(.tey,_~i~'t'd~ 5lA.c;.pecr c.."..~J ~"""~IM.ttc'(J ('~ L.:>(U;'~ O"-~ CL.~ 0(' ~. & lv ltv' '.J~ ~ Cs~~ J. frlr. J't-n k'y.~" /J.' /J()LJ;;1 cp-s-Jc:c"70J-J dt,vyd ~/~1h -Ik. ~>e... -r a..w\ rUDMk~:l lb:r. Vr\\r('t... (ukiLuof'~q~)~ ~~ exc.d.lue;- Wo.e.~ C-4-~ kL'6d/-('",/ JLLri 'j --\k ~ \lLV L~ {j d u.ii \O.J d ~~ CJ~<:' 0 ~-- j J17 iI& ' SERG EANT Date Received LIEUTENANT Date Received J oj 10/ Jo?( CAPTAIN Date Received AGREE D AGREE WDlSAGREE D (Attach any com nts/paperwork necessary to su p rt your decision) DISAGREE D (Attach any comments/paperwork necessary to support your decision) AWARDS COMMITTEE Signature Signature FIRST REVIEW BY CHIEF OF POLICE Date Reviewed IV-IO-~ ~ Approved as submitted C:J Date Reviewed Forwarded to Awards Committee Returned to Submitting Employee c::=J Amended to: (Attach any comments/paperwork necessary to support the amended decision) Reason: ~t:: :r ~-~ :X :;::, : 1r tu. Q ~ _~ ~\L J L~~ Chairman's Signature FINAL REVIEW BY CHIEF OF POLICE Date Reviewed Approved as submitted C::J Approved as amended CJ Chief of Police Attachment 27-1 /' AWARD RECOMMENDATION/NOMINATION FORM OFFICER f1E99MMf:N8E:DINOMINATED SHIFTIDMSION ' . j. ~rEAJflAi 1/ I t./~ AI/C#:/ ..5.1//F/' h7~()t., R&Q9MUim~ligJNOMINATED FOR SUBMITTE..6BY DATE tJ/hCeR a/" tPtfA~7e~ C7: /'.JAb/ #/,( /1-~9'ZtJOS Give the reason for your recommendation/nomination. Include all relevant details; attach all relevant reports: c:J//'lCe~ kEP/JAJ /s t/cPf t?&~..r/J~7J1 /A; #/.5 .&~//AlC ~/f/tJ /J'~r//e c?/:r/f7/.!JIIlJ. & LE~d.s ?'#E~~fr~6?Vr //\1 /f.l~Esrs~ #/s tVd,e'K /S /pL'N'Il~S. cJ/ r;/c/..... c1(/.-P~/77 .~#/J N'/S LJe/'1~rr/ll~'" a/rJl /c~ E/J?/ayecS /h1J~ e/7/2E.Q-f /.5 IVaf' /41~5/.tJAI'A'..t. /J///Ce;(' ~~tf'.4I..> J ?Jv/"Zt:) OK ;?A/,IJ ,/17// ~L1c -mbrJ/"R//J &5 Uf4 ~d ;WE ~,I9R/}'1?6PV~/e~1 /5 ~e7I1~Y' Af~-otJE. tJ/hcc..{ AEEA/t'fAl /5 ~t/c #/1/ hlf'sr"7 -/0 t(/,.)~. SERGEANT UEUTENANT CAPTAIN Date Received Date Received Date Received Ii. /0 . 0 oS AGREE D DISAGREE D AGREE D DISAGREE D AGREE 0' DISAGREED (Attach any comments/pBperworK (Attach any comments/paperwork (Attach any comments/paperwork necessary , \ necesssry to support your decision) to support your de fs/on) necessary to support your declslonj Signature AWARDS COMMn1'EE Date Reviewed 11-' 1- i ;> Approved as submitted ~ Amended to: (Attach any.commentstp;erwo;;e7ary to support the ~~.~ ,t!l,n~ Signature Date Reviewed Forwarded to Awards Committee Returned to Submitting Employee Reason: c=:J c=:J .., . FINAL REVIEW BY CHIEF OF POUCE Date Reviewed C~~~Po~ l. Ljr-..- ApprOVed as submitted c::::J Approved as amended I:::J Chief of Police Attachment 27-1 e l? Presented to 3 fj~ For their donation to the University Park Fire Department for the purchase of equipment. II ht'pj/" ( e C>f)Pl )\[(CJC.l.. ') -~- AGENDA MEMO (12/13/05 AGENDA) DATE: December 7, 2005 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: ROW License Agreement: 3160 Daniel ITEM: In March of 2003, SMU installed a conduit underneath Daniel Avenue for a fiber optic line serving buildings located at 3000 and 3160 Daniel. SMU provided the City with a survey and plans for the conduit crossing Daniel at this location; however, a license agreement was never approved by Council before the conduit was installed. All of the work for the installation of the conduit and fiber line has been completed. As a housekeeping item, staff has worked with SMU to finalize all the necessary paperwork for this license agreement. RECOMMENDATION: Staff recommends approval of license agreement. ATTACHMENTS: License Agreement 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDAMEMO (11).doc 10:30 AM 12/07/05 AGENDA MEMO (12/13/05 AGENDA) DATE: December 1, 2005 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Ordinance Amending Time Requirements for Sidewalk Replacement ITEM: During the November 8, 2005 Council meeting, staff presented the recommendations from the Public Works Advisory Committee regarding revisions to the enforcement of defective sidewalks. One specific recommendation increased the amount of days residents are given to repair defective sidewalks from thirty (30) to ninety (90) days. In addition, the Public Works Director may grant extensions to residents upon written request with good cause. Council approved of the recommendation for extending the amount of time given to residents for repair of defective sidewalk. However, an amendment to the Code of Ordinances is required to amend the existing requirement of thirty (30) days to ninety (90) days. RECOMMENDATION: Staff recommends approval of the proposed ordinance, increasing the amount of days residents are allowed before repairs to defective sidewalks are required. ATTACHMENTS: Ordinance 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Sidewalk 30 to 90 day Ordinance.doc 2:41 PM 12/01/05 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, ARTICLE 3.1400, SECTION 3.1416 “ISSUANCE OF NOTICE FOR REPAIR OF DEFECTIVE SIDEWALKS” TO PROVIDE FOR NINETY DAYS WRITTEN NOTICE AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO GRANT EXTENSIONS OF TIME FOR REPAIRS BASED ON GOOD CAUSE SHOWN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3, Article 3.1400, Section 3.1416, of the Code of Ordinances, City of University Park, Texas, is hereby amended by amending subsection (a), in part, as follows: ARTICLE 3.1400 SIDEWALK CONSTRUCTION AND REPAIR “ … Sec. 3.1416 Issuance of Notice for Repair of Defective Sidewalks (a) Any sidewalk, parkway, or driveway which has become defective, unsafe, and hazardous is hereby declared a public nuisance, and it shall be the duty of the owner or owners or persons having custody, care, control, or occupying property abutting on any street, avenue, public alley, place, square, section, or part thereof, along which said sidewalk, parkway, or driveway shall lie, to reconstruct or repair the same within ninety (90) days from the receipt of notice from the Code Enforcement Officer, provided however, that the Director of Public Works may, upon written application and with good cause shown by the owner, grant extensions of such time for the completion of such reconstruction or repair….” SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Code of Ordinances, as amended hereby, are hereby repealed. 79411 SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. Any person, firm, or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, shall be fined in an amount not to exceed the sum of five hundred dollars ($500.00) for each offense, and each day such offense continues 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. th DULY PASSED by the City Council of the City of University Park, Texas, on the 13 day of December 2005. APPROVED: __________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ___________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY (RLD/10/28-05) (79051) 79411 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, ARTICLE 3.1400, SECTION 3.1416 “ISSUANCE OF NOTICE FOR REPAIR OF DEFECTIVE SIDEWALKS” TO PROVIDE FOR NINETY DAYS WRITTEN NOTICE AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO GRANT EXTENSIONS OF TIME FOR REPAIRS BASED ON GOOD CAUSE SHOWN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. th Duly Passed by the City Council of the City of University Park, Texas, on the 13 day of December 2005. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ________________________________ NINA WILSON, CITY SECRETARY 79411 AGENDA MEMO (12/13/05 AGENDA) DATE: December 7, 2005 TO: Honorable Mayor and Members of the City Council FROM: Jim Criswell, Director of Information Services SUBJECT: Public Safety Mapping Software BACKGROUND: In August of 2004, Information Services identified a capital project to fund the hardware and software required to add a mapping capability to the HTE Public Safety systems that were installed in late 1999. When the Public Safety systems were first installed, the primary functions included Police, Fire, and EMS dispatching, along with enhanced 911 support, a new interface to the Texas Department of Public Safety for traffic and criminal inquiry, and Crimes, Fires, and EMS records management. Since that time the City has phased in software modules to support mobile data to the Police and Fire vehicles, mobile field accident and incident reporting, and arrest photo imaging. The next planned phase of the Public Safety system enhancement is the implementation of a mapping capability to support map queries of crimes and dispatch data, automatic vehicle locators, and ultimately 911 locators for calls from cell phones. The system requires a new Dell file server and the street centerline base map, which will be provided by the City’s Geographic Information System (GIS) Coordinator. RECOMMENDATION: Staff recommends the purchase of this equipment and software totaling $114,683.25 as outlined below. Sungard HTE application software $92,850.00 Sungard HTE annual maintenance $15,419.00 Dell Mapping File Server $4,414.25 Estimated travel and expenses $2,000.00 The project was approved by the Capital Projects Review Committee on December 5, 2005. AGENDA MEMO (12/13/05 AGENDA) DATE: December 6, 2005 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Cooperative Purchase of Pickup Trucks for Warehouse and Equipment Services The Warehouse and Equipment Services Divisions are budgeted to replace their pickup trucks this year. The replacement vehicles are available through the Texas Local Government Statewide Purchasing Cooperative, also known as the BuyBoard. Caldwell Country of Caldwell, Texas is the BuyBoard vendor for these trucks. Jim Gau, Fleet Manager, received the following quotes: Chevrolet ½ Ton Pickup Extended Cab for Warehouse Parts Runner = $14,749.00 ? 4.8 liter V8 ? Automatic transmission ? A/C ? AM/FM radio ? Factory keyless entry includes power locks & windows This vehicle will replace a 1994 Ford F-250 diesel that was handed down to the Warehouse from the Fire Department. Chevrolet ¾ Ton Service Truck for Equipment Services = $21,573.00 ? 6.0 liter V8 ? Automatic w/auxiliary coolers ? A/C ? AM/FM radio ? L5680 Utility body w/liftgate & hitch & masterlock This vehicle replaces a 1989 Ford F-250 ¾ ton diesel pickup. RECOMMENDATION: Staff recommends purchase of the pickup trucks in the total amount of $36,322.00. Purchases made through the BuyBoard satisfy all competitive bidding requirements. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\BuyBoard Purchase of Trucks memo 2005.doc 9:47 AM 12/07/05 AGENDA MEMO (12/13/05 AGENDA) DATE: December 7, 2005 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Bid #06-01, Concrete Sand, Pea Gravel, Loam, & Landscaping Soils - Annual Contract Bid #06-01 for the purchase of concrete sand, pea gravel, loam, and landscaping soils on an annual contract basis was opened November 3rd. This bid was posted on RFP Depot: 456 vendors received e-mail or fax notice of the bid; 18 vendors viewed the bid. Eleven vendors returned bids. Matbon, Inc. submitted the low bid on concrete sand ($10.00/ton picked up, $12.90/ton delivered) and pea gravel ($10.00/ton picked up, $13.65 delivered). Based on last year's sand and gravel expenditures, this award is expected to be around $33,000.00. Turf Materials, Inc. submitted the low bid on sandy loam ($8.30/ton picked up, $13.66/ton delivered). Based on last year's sandy loam orders, this award is expected to be around $7,300.00. These materials are used by the Street and Parks departments. I am postponing award of the landscaping soils portion of the bid so the Parks Department can visit the low bidders’ sites and make a determination on the quality of their products. RECOMMENDATION: Staff recommends accepting the bid of Matbon for concrete sand and pea gravel on an annual contract basis, and the bid of Turf Materials, Inc. for sandy loam on an annual contract basis. A bid tabulation with price history is attached. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\0601memo.doc 11:33 AM 12/08/05 SEALED BID #06-01, ANNUAL CONTRACT FOR CONCRETE SAND, PEA GRAVEL, LOAM, LANDSCAPING MIX - TABULATION OPENED 11/3/05, 10:00 A.M. 1. TURF MATERIALS, INC.2. MATBON, INC.3. SUNBELT4. EARTH5. LIVING EARTH TECH. MATERIALSHAULERS, INC. UNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICE QTY.UNITDESCRIPTIONPICK UPDELIVEREDPICK UPDELIVEREDPICK UPDELIVEREDPICK UPDELIVEREDPICK UPDELIVERED 1.2300TONConcrete Sand$ 12.30 $ 18.12$ 10.00$ 12.90$ - $ 17.27 $ - $ 18.85 $ 22.90 $ 22.90 2.1000TONPea Gravel$ 13.30 $18.12$ 10.00$ 13.65$ - $ 13.76 $ - $ 19.95 $ 29.90 $ 29.90 3.875TONSandy Loam$ 8.30 $13.66$ - $ - $ - $ 15.50 $ - $ 15.00 $ - $ - SEALED BID #06-01, ANNUAL CONTRACT FOR CONCRETE SAND, PEA GRAVEL, LOAM, LANDSCAPING MIX - TABULATION OPENED 11/3/05, 10:00 A.M. 6. BIG SANDY 7. SOIL BUILDING8. CUSTOM CRETE9. D & D CONST.10. RED RIVER SAND CO.SYSTEMSSAND UNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICEUNIT PRICE QTY.UNITDESCRIPTIONPICK UPDELIVEREDPICK UPDELIVEREDPICK UPDELIVEREDPICK UPDELIVEREDPICK UPDELIVERED 1.2300TONConcrete Sand$ - $ 19.00 $ 21.11 $ 23.62 $ - $ 26.99 $ - $ 66.00 $ - $ - 2.1000TONPea Gravel$ - $ 22.50 $ 21.50 $ 24.01 $ - $ 27.40 $ - $ 66.00 $ - $ - 3.875TONSandy Loam$ - $ 17.00 $ 15.93 $ 16.30 $ - $ 56.99 $ - $ 66.00 $ 6.50 $ 18.75 SEALED BID #06-01, ANNUAL CONTRACT FOR CONCRETE SAND, PEA GRAVEL LOAM - TABULATIONOPENED 11/3/05, 10:00 A.M. RFP DEPOT STATISTICS: Notified: 456 vendors received e-mail or fax notice of the bid Viewed: 18 vendors viewed a copy of the bid BID HISTORY (SAND & GRAVEL) 2003: Turf Materials Sand = $10.50/ton (picked up), $13.90 (delivered) Pea Gravel = $10.25/ton (picked up), $13.65 (delivered) 2003: Matbon Loam = $5.00/ton (picked up), $12.65/ton (delivered) 2001: Trinity Materials Sand = $9.25/ton (picked up), $15.61/ton (delivered) Pea Gravel = $9.25/ton (picked up), $15.61/ton (delivered) 2001: Bid #01-14 Cancelled 1999: Trinity Materials Sand = $8.75/ton (picked up), $12.50/ton (delivered) Pea Gravel = $8.75/ton (picked up), $12.50/ton (delivered) 1998: A & A Sand and Gravel Sand = $8.50/ton (picked up) Pea Gravel = $8.75/ton (picked up) 1997: Jimmy Wray Sand and Gravel Sand = $6.50/ton (picked up) Pea Gravel = $8.00/ton (picked up) MINUTES #2522 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, NOVEMBER 8, 2005, 5:00 P.M. Mayor Blackie Holmes convened the city council into an Executive Session in the conference room at 4:00 p.m. to receive legal advice from the city attorney under Section 551.071 of the Government Code. The Executive Session closed at 4:10 p.m. No action was voted on or taken during the meeting. PRE-MEETING OVERVIEW OF COMMUNITY OUTREACH PROGRAMS AND OBJECTIVES: The city manager had requested Community Information Officer Steve Mace review the city’s various community outreach efforts and provide suggestions to the council on how to improve and expand them. Assessment meetings with the mayor, councilmembers, department directors and various community and media representatives were held and a written summary was distributed to council. REVIEW PLACEMENT OF MEMORIAL TREE IN CITY HALL: Park Director Gerry Bradley discussed the placement of the memorial tree at city hall. Mayor Blackie Holmes opened the regular meeting of the city council at 5:00 p.m. in the council chambers. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter, Kelly Walker and Harry Shawver. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION RETIREMENT: Sergio Flores, Driver, Sanitation Department, retired after 20 years of service to the city. He was presented a plaque and retirement gift check. DEPARTMENT PINS: City Manager Bob Livingston presented pins to Stewart David, Driver Engineer, Fire Department, 25 years; Ronnie Boyce, Maintenance Technician, Street Department, 20 years; Steve Weaver, Utility Billing Specialist, Utility Department, 15 years; Adrienne Schneider, Administrative Secretary, Fire Department, 5 years and Ernesto Escalante, Maintenance Technician, Utilities Department, 5 years - for a total of 70 years of service to the City of University Park. PROCLAMATION HYER ELEMENTARY SCHOOL FOR THE NO CHILD LEFT BEHIND – th BLUE RIBBON SCHOOLS PROGRAM: The proclamation was moved to the December 13 city council meeting for presentation at that time. RECOGNITION OF BOY SCOUTS: Several Boy Scouts introduced themselves and the badges upon which they were working. ITEMS FROM THE FLOOR Daniel S. Pettit and Harold F. Hand, owners of Holiday Ideas, 4410 Lovers Lane, spoke on the parking problems in the 4400 block of Lovers Lane. They stated that people were parking longer than two hours and also requested that the city ticket employees and shop owners when they use customer parking. Council will study the matter, and Code Enforcement will see if an ordinance is being violated. Mayor Pro Tem Roberts moved approval of the Consent Agenda. Councilmember Carter seconded and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER RESOLUTION & AGREEMENT FOR TEXAS TRAFFIC SAFETY PROGRAM GRANT PROJECT: STEP WAVE: The purpose of the grant is to conduct overtime traffic enforcement focusing on specific traffic law violations during the high traffic volume of holiday periods in order to reduce traffic accidents, injuries and fatalities. The amount of the grant is $8,902. RESOLUTION NO. 05-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING A GRANT AGREEMENT WITH THE STATE OF TEXAS FOR TRAFFIC ENFORCEMENT AND AUTHORIZING EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. CONSIDER PURCHASE OF CHEVROLET TAHOES FOR POLICE DEPARTMENT: The police department is scheduled to replace four Chevrolet Tahoes this year. The price per unit is $30,554 and includes paint job and extended warranty. The four outgoing units, which will be auctioned, are 2001 Tahoes purchased in July 2001 for $31,955 each. The 2006 Chevrolet Tahoes will be purchased through TBPC/Lynn Smith Chevrolet in the total amount of $122,216. CONSIDER PURCHASE OF ANIMAL CONTROL VEHICLE: The police department is scheduled to replace the animal control vehicle this year. A new unit is available through the Texas Local Government Statewide Purchasing Cooperative known as BuyBoard. The total price is $32,989 and includes a ¾ ton Chevrolet pickup, a six-compartment animal control body, and the BuyBoard fee. The outgoing unit is a 1997 Ford Ranger pickup purchased in February 1997 for $13,913. The body on the truck was purchased more than 15 years ago. CONSIDER INTERLOCAL AGREEMENT FY’06 FOR FOOD ESTABLISHMENT INSPECTION WITH DALLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES: The agreement is effective October 1, 2005-September 30, 2006 for food establishment inspections and environmental health services. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For October 17, 2005. MAIN AGENDA STATUS REPORT ON PROPERTY AT 4364 MOCKINGBIRD: A public nuisance notice was issued in October 2004. A building permit was issued January 1, 2005, which expired when construction work was delayed beyond the required 60-day period. Another public nuisance notice was issued in May 2005, and the property owner pulled a permit on June 15, 2005. City Council held a public hearing on June 21, 2005. Larry Smith, contractor, is currently working on the property, but construction activity and progress have been slow due to unexpected issues with the original construction; therefore, a date of March 31, 2006 was set for a new status report. Mayor Holmes requested the Code Enforcement Officer check the property regularly to ensure the site is clean. STATUS REPORT ON PROPERTY AT 3624 MCFARLIN: City Council held a public hearing on September 20, 2005 to discuss conditions of the property. Council granted an extension to the property owner, Phyllis McDonald, to allow more time to correct violations and conduct necessary repairs. Ms. McDonald reported that work is still in progress. Community Development Manager Harry Persaud was pleased with the progress, but will continue to monitor the property. CONSIDER ORDINANCE FOR NO PARKING, 7200 BLOCK DICKENS: School officials have noticed increased traffic congestion this year during the drop off and pick up of children at University Park Elementary School. The intersection of Dickens and Amherst has been particularly congested. To alleviate traffic congestion, staff proposed an ordinance prohibiting parking on the east side of Dickens, northbound lane, from 7:00 a.m. to 4:00 p.m. on school days. The residents abutting the th proposed area were notified the week of October 24 about the proposed ordinance. Only one resident contacted staff to protest the proposed no parking restrictions. Councilmember Carter moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve no parking on the east side of the 7200 block of Dickens. ORDINANCE NO. 05/38 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF THE 7200 BLOCK OF DICKENS; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DISCUSS RECOMMENDATIONS FROM PUBLIC WORKS ADVISORY COMMITTEE REGARDING SIDEWALK PROGRAM: In April 2005, the city adopted a new sidewalk replacement program designed to provide financial assistance to property owners cited for defective sidewalk/s. The program reimburses 50% of the cost associated with replacing defective sidewalk/s up to a maximum of $7.00 per square foot. During the September 20, 2005 city council meeting, a group of citizens expressed concern regarding the enforcement of sidewalk violations and the permitting of sidewalk repairs. In response to the citizen concerns, the city council requested the Public Works Advisory Committee reexamine the permitting and enforcement of defective sidewalk violations. In addition, the council recommended that two of the citizens who voiced concerns be invited to attend and participate in the committee meeting. On October 13, 2005, the committee plus the two council- appointed citizens, John Jackson and Randy Rost, met to develop recommendations for improving the enforcement of defective sidewalk/s. The committee voted unanimously to forward the following recommendations: provide for an allowance of a 90-day repair period with three 30-day extensions available with cause; continue the 50% reimbursement program and provide contractor pricing information to citizens when sidewalk violations are first mailed, and reduce permit fees to $5.00 per permit on blocks where there are five or more residents on the block utilizing the same contractor. Staff supported the committee recommendations; however, they suggested all sidewalk permit fees be waived for any property owner receiving a defective sidewalk/s violation. A permit and subsequent inspection would still be required for sidewalk replacement; however, there would be no charge associated with the permit. Mayor Holmes suggested that, when the city does curb and gutter work in a block, they check for sidewalk/s violations. Councilmember Walker thanked John Jackson and Randy Rost for their participation on the committee. Mayor Pro Tem Roberts moved approval of the recommendations. Councilmember Shawver seconded, and the vote was unanimous to approve a 90- day repair period with three 30-day extensions, continue the 50% reimbursement program with contractor-pricing information when violations are first mailed, and waive sidewalk permit fees for property owners receiving a violation. CONSIDER ORDINANCE DENYING REQUEST OF ATMOS ENERGY CORPORATION FOR ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM RATE INCREASE AND RESOLUTION ORDERING ATMOS ENERGY CORPORATION TO SHOW CAUSE REGARDING REASONABLENESS OF ITS EXISTING NATURAL GAS DISTRIBUTION RATES: The City of University Park is a member of a coalition of cities known as Atmos Cities’ Steering Committee (ASCS). The coalition’s purpose is to review requests by Atmos Energy Corporation (formerly TXU Gas) for natural gas rate changes. Each year, Atmos is permitted by state law to file a request for a Gas Rate Infrastructure Program (GRIP) increase, which is designed to allow the company to be compensated for replacing and improving its natural gas infrastructure, without going through the time and expense of a complete rate case. In December 2004, Atmos filed its first GRIP increase request with the city for 2003. In January 2005, the city council suspended the effective date of Atmos’ proposed rate increase. After participation in ACSC and following the group’s recommendation, in July 2005, the city council approved an ordinance denying the GRIP increase. Atmos appealed this action to the Railroad Commission and the request was upheld. It is now time to go through the process again. ACSC cities believe that the second GRIP filing from Atmos has the same shortcomings as the first. Coalition cities are now asking their governing bodies to approve ordinances denying the latest GRIP request on the grounds that the request does not comply with the law and is not reasonable. Since Mayor Holmes’ law firm represents Atmos, he recused himself. Councilmember Shawver moved approval of the ordinance and resolution. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the ordinance denying the request for a GRIP -rate increase and the resolution ordering Atmos to show cause regarding the reasonableness of its existing natural gas distribution rates within the city. ORDINANCE NO. 05/39 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY’S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY’S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION. RESOLUTION NO. 05-22 A RESOLUTION BY THE CITY OF UNIVERSITY PARK, TEXAS, ORDERING ATMOS ENERGY, MID-TEX DIVISION TO SHOW CAUSE REGARDING THE REASONABLENESS OF ITS EXISTING NATURAL GAS DISTRIBUTION RATES WITHIN THE CITY; REQUIRING ATMOS ENERGY, MID-TEX DIVISION TO SUBMIT A RATE PACKAGE BASED ON A RATE YEAR ENDING JUNE 30, 2005; DIRECTING THAT SUCH FILING SHALL BE MADE BY DECEMBER 31, 2005; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. CONSIDER ACCEPTANCE OF PROPOSAL FROM TUSA CONSULTING SERVICES FOR 800 MHZ REBANDING: In a ruling from the Federal Communication Commission (FCC) and released in August 2004, the FCC ruled that 1700 public safety departments throughout the United States will have to relinquish their 800MHz frequencies to Nextel in order to solve an interference problem Nextel cellular service is causing with public safety radios. Nextel agreed to relocate the 1700 public safety agencies to other 800MHz frequencies at no cost to the agencies. The City of University Park Police, Fire and Public Works Departments are among the 1700 agencies. The FCC required an independent entity be appointed to ensure that both the public safety agencies and Nextel’s best interests were upheld during the reconfiguration process. The independent entity will also ensure that the public safety agencies receive comparable radio services. The independent entity is known as the Transition Administrator (TA), consisting of a team of telecommunication companies and legal counsel. The TA has been charged by the FCC for oversight of the reconfiguration of the 800MHz band, the review of each contract between public safety agencies and Nextel, negotiation of any differences and to ensure Nextel provides 2.5 billion dollars in funding for the reconfiguration process. To ensure the best interest of the city is upheld, proposals have been solicited from three telecommunication engineering consultant groups well-suited to plan, negotiate and implement the reconfiguration process with Nextel. The three proposals have been reviewed by the City Attorney and the recommendation is to accept the proposal submitted by Tusa Consulting. Councilmember Walker moved approval of the proposal. Councilmember Carter seconded, and the vote was unanimous to approve the proposal from Tusa Consulting. CONSIDER RENEWAL OF EMPLOYEE BENEFITS FOR 2006: Each year, the city retains a broker for the purpose of soliciting proposals for Group Health Stop Loss coverages, Life and Accidental Death & Dismemberment (AD&D) insurance, and Long Term Disability insurance. These insurance coverages are part of the city’s 2006 Employee Benefit Plan Year, which runs from January 1, 2006, through December 31, 2006. The Stop-Loss Coverage is in the amount of $65,000 per claim from United Healthcare and third-party administration services from WausauBenefits for an annual cost of $374,188, an increase of $17,415 from the current plan year, not including claims. Approval was also sought for the purchase of Life & AD&D insurance and Long Term Disability insurance from CIGNA at an annual cost of $84,313.92, a savings of $13,794 compared to last year. Mayor Pro Tem Roberts moved approval of the renewal of employee benefits for 2006. Councilmember Walker seconded, and the vote was unanimous to approve the purchase from WausauBenefits and CIGNA. CONSIDER ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 8, ARTICLE 8.200, OFFICIAL EMPLOYEE HOLIDAYS & RESOLUTION ADOPTING OFFICIAL EMPLOYEE HOLIDAYS: For the past several years, Christmas holidays have fallen either on a weekend or close to a weekend. Each year this has occurred, the city manager has obtained permission from the city council to combine the 1/2 day holiday for Christmas Eve and the 1/2 day holiday for New Year’s Eve in order to have a full-day holiday on Christmas Eve. This has occurred so often, staff proposed that this change become permanent. Any future changes would require the city council pass a new resolution rather than amend the Code of Ordinances. Councilmember Walker moved approval of the ordinance amending Chapter 8 of the Code of Ordinances to remove the section regarding employee holidays from the Code of Ordinances and amending the resolution designating the official employee holidays to read: “When a holiday falls on a Saturday or Sunday, any employee who is not required to work on the holiday and whose days off occur on the Saturday or Sunday on which the holiday falls, will receive the holiday on Friday if it falls on a Saturday, or on Monday if it falls on a Sunday.” Councilmember Shawver seconded, and the vote was unanimous to approve amending Chapter 8 of the Code of Ordinances and approve the resolution as amended. ORDINANCE NO. 05/40 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 8, ARTICLE 8.200 “OFFICIAL EMPLOYEE HOLIDAYS” TO PROVIDE FOR THE ESTABLISHMENT OF EMPLOYEE HOLIDAYS BY COUNCIL RESOLUTION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. 05-24 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING OFFICIAL EMPLOYEE HOLIDAYS, AS REQUIRED BY CHAPTER 8, ARTICLE 8.200 “OFFICIAL EMPLOYEE HOLIDAYS” OF THE CODE OF ORDINANCES, TO PROVIDE FOR EMPLOYEE HOLIDAYS; AND PROVIDING AN EFFECTIVE DATE. CONSIDER FINANCIAL AND QUARTERLY INVESTMENTS REVIEW, SEPTEMBER 30, 2005: Finance Director Kent Austin reviewed the July-September 2005 Quarter City Financial and Investment Reports. At the conclusion of his presentation, council requested the financial and th quarterly investments review be added to the December 13 city council agenda. Councilmember Carter moved approval of the finance report as part of the Financial and Quarterly Investments Report. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve the financial and quarterly investments review. CONSIDER RESOLUTION NAMING CANDIDATE FOR DALLAS CENTRAL APPRAISAL DISTRICT BOARD: By special provision of the Property Tax Code, each of the incorporated cities, except the City of Dallas, shall have the right to nominate and vote by resolution for one (1) candidate as the fourth member of the Board from the nominations received. The city cast its vote for Scott Wheeler as the suburban cities’ representative to the Board of Directors of the Dallas Central Appraisal District. RESOLUTION NO. 05-23 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. CONSIDER MUNICIPAL WIFI FOR CITY OF UNIVERSITY PARK: WiFi is wireless technology enabling computers and other devices to wirelessly connect to a network at speeds up to 54 Megabits per second at distances of 200-300 feet. Strategically placed radio repeaters create a “Mesh” network to provide connection continuity over a larger area. The goal for most cities considering this technology is to provide traditional city services more efficiently. Director of Information Services Jim Criswell believes that WiFi is here to stay and will be enhanced in the future and that, unless there is a compelling reason to be on the leading edge of a trend, it is much wiser to wait until the bugs have been worked out. Mr. Tom Blackwell, 3833 Wentwood, supported that position. Councilmember Shawver moved approval of a “wait and see” position. Councilmember Carter seconded, and the vote was unanimous to approve that position. CONSIDER CHANGE ORDER #1 FOR SYB CONSTRUCTION FOR INSTALLATION OF FIRE HYDRANT SERVICE ALONG 3200-3300 BLOCK SOUTHWESTERN: Change Order #1 to the contract with SYB Construction is in the amount of $163,810. Councilmember Shawver moved approval of the Change Order. Councilmember Walker seconded, and the vote was unanimous to approve Change Order #1. DISCUSS ISSUES RELATING TO BUILDING AND LOT COVERAGE IN SINGLE FAMILY DISTRICTS: On October 17, 2005, staff reviewed a number of building and zoning standards which may be used to further regulate the size of new construction and additions in established single family neighborhoods. The high cost of a single family lot, added to the current trend and strong desire for larger homes, has created a situation where existing regulations are pushed to the limits as builders look for ways to construct the largest home on an existing lot. The loss of mature trees in the neighborhoods resulting from building activity was also discussed. The following alternatives were proposed for city council consideration: amend the side yard setback regulations to repeal the maximum required setback of 10 feet and the sum of two side yards not to exceed 20 feet; work through the Parks Advisory Committee to draft an amended tree ordinance to preserve existing trees and to mitigate tree removal; work through the Zoning Ordinance Advisory Committee (ZOAC) to develop new building/lot coverage regulations designed to reduce the size of building foot prints; work through ZOAC to review and modify current building and zoning standards adopted in 2001 to further reduce the size of the single family home, and work through ZOAC to review alternative design elements such as the floor area ratio and the framed area of the building as a percentage of lot area and forward recommendations to council. Mayor Holmes moved that the height of the homes be reduced, that existing trees be preserved though a tree ordinance, side yard setbacks on combined lots be increased, and that these items be sent to ZOAC and the Park Advisory Committee for their recommendations. Mayor Pro Tem Roberts seconded, and the vote was unanimous to send the items to ZOAC and the Park Advisory Committee for recommendations. There being no further business, the meeting was adjourned. th PASSED AND APPROVED this 13 day of December 2005. James H. Holmes III, Mayor ATTEST: Nina Wilson, City Secretary AGENDA MEMO (12/13/2005 AGENDA) DATE: December 13, 2005 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Hold a public hearing and consider approval of an Ordinance amending Planned Development District No.1 (PD-1-R) for the property commonly known as 6900 Snider Plaza, University Park, Texas; approving an amended site plan; providing special conditions and providing for the repeal of all ordinances in conflict. __________________________________________________________________ Background/Analysis The subject tract located at 6900 Snider Plaza is zoned Planned Development District, PD-1-R approved for Genera Retail uses as prescribed in the use schedule of the comprehensive zoning ordinance. The site is currently used for a Texaco Gas Station and a Drive- thru Bank is a permitted use. In accordance with the approved PD for the subject site, “Prior to the issuance of a Building Permit or Certificate of Occupancy for any dimensional change in any building or structure, a site plan and related building plans shall be submitted to the Planning and Zoning Commission for consideration, review and action. Approval of the site plan by the Planning and Zoning Commission shall be obtained before the issuance of any permit for demolition, removal, site alteration, reconstruction or new construction on any portion of the area designated as PD-1-R” The applicants propose to remove the existing pumps and underground tanks to accommodate the drive thru and ATM lanes for the bank. The site plan shows the 1,643 sq. ft. footprint of the proposed bank with five (5) parking spaces. A traffic study conducted by DeShazo, Tang and Associates is attached. The study recommends that on-street parking be prohibited on Rankin between the driveway and the handicapped parking space. The curb in that location is required to be marked appropriately. Recommendation The Planning and Zoning Commission considered the site plan at its regular meeting on November 21, 2005 and voted unanimously to recommend approval. Attachments: 1. Application 2. Site plan 3. Traffic study 1 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 1 (PD-1-R) FOR THE PROPERTY COMMONLY KNOWN AS 6900 SNIDER PLAZA, UNIVERSITY PARK, TEXAS; APPROVING AN AMENDED SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, be, and the same are hereby, amended so as to grant an amendment to Planned Development District No. 1 (PD-1-R) so as to allow a branch banking facility with a two lane motor bank to the West side of the building on the property commonly known as 6900 Snider Plaza, University Park, Texas. SECTION 2 . That the site plan depicting the improvements on said lot is attached hereto as Exhibit “A” and made part hereof for all purposes the same as if fully copied herein. That such site plan contains the data required by the Comprehensive Zoning Ordinance for a detailed site plan. SECTION 3 . That this Planned Development District amendment is granted subject to the following special conditions: 2 (a) That the property will be developed only in conformance with the requirements of this ordinance and the approved site plan; (b) That the property will be used only for the purposes authorized by the Comprehensive Zoning Ordinance and PD-1-R, as amended hereby. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby are hereby repealed. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. th DULY PASSED by the City Council of the City of University Park, Texas, on the 13 day of December 2005. 3 APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/11-22-05) 4 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 1 (PD-1-R) FOR THE PROPERTY COMMONLY KNOWN AS 6900 SNIDER PLAZA, UNIVERSITY PARK, TEXAS; APPROVING A SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. th DULY PASSED by the City Council of the City of University Park, Texas, on the 13 day of December 2005. APPROVED: ____________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY 5 AGENDA MEMO (12/13/2005 AGENDA) DATE: December 13, 2005 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Hold a public hearing and consider an Ordinance amending Section 28-107 of the Comprehensive Zoning Ordinance to provide fence requirements in the UC, O, GR, RC, SC, C and PD districts. Background/Analysis Section 28-107 of the Comprehensive Zoning Ordinance provides for a fence height not to exceed seven (7) feet in the front and rear yards for properties located in the UC districts. Southern Methodist University is requesting an amendment to the City’s Comprehensive Zoning ordinance to allow a fence height not to exceed eight (8) feet in the side and rear yards for fraternity/sorority houses. Following discussions with representatives of SMU, the attached ordinance has been drafted for your consideration. The ordinance provides for a fence height not to exceed seven (7) feet “except that on a lot exceeding 22,000 square feet in area, located in a UC-2 or UC-3 district, and used primarily for residential purposes, a fence not exceeding eight feet (8’) in height may be erected in a side or rear yard.” Recommendation The Planning and Zoning Commission held a public hearing and considered this item at its regular meeting on November 21, 2005, and voted unanimously to recommend approval. Attachments: (1)Request from SMU (2)Proposed Ordinance 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 28-107 TO PROVIDE FENCE REQUIREMENTS IN THE UC, O, GR, RC, SC, C AND PD DISTRICTS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally, and the City Council of the City of University Park is of the opinion NOW,THEREFORE, that the Comprehensive Zoning Ordinance should be amended; 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, be, and the same is hereby, amended by amending Section 28-107 to read as follows: 28-107 FENCE REQUIREMENTS IN THE UC, O, GR, RC, SC, C, AND PD “ DISTRICTS No fence shall be constructed in a UC, O, GR, RC, SC, C, or PD Zoning District: (1) At a height exceeding seven feet (7’) in the rear or side yards of the property, except that on a lot exceeding 22,000 square feet in area, located in a UC-2 or UC-3 district, and used primarily for residential purposes, a fence not exceeding eight feet (8’) in height may be erected in a side or rear yard; or (2)In a front yard, in front of the front wall of the main building.” SECTION 2 . That all ordinances in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the th 13 day of December 2005. APPROVED: ____________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: ____________________________________ ______________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/10-21-05) 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 28-107 TO PROVIDE FENCE REQUIREMENTS IN THE UC, O, GR, RC, SC, AND PD DISTRICTS; REPEALING 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. th DULY PASSED by the City Council of the City of University Park, Texas, on the 13 day of December 2005. APPROVED: _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY AGENDA MEMO (12/13/05 AGENDA) DATE: December 5, 2005 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT : Ann Kathryn Kerwin - Memorial Sculpture BACKGROUND: Staff has been contacted by UP resident Kelley Brown, on behalf of Colin and Barbara Kerwin, to propose the purchase and installation of a memorial sculpture to honor of their daughter Ann Kathryn Kerwin. The proposed location of the sculpture’s placement is at western botanical bed at Caruth Park, just south of the tennis courts. Attached, please find a copy of the sculpture design and the proposed location. It is estimated that the sculpture will cost approximately $40,000. Funding for the project is supported by both the Ann Kathryn Kerwin Memorial Fund and the University Park Civic Foundation - Kerwin Memorial. RECOMMEDATION: On November 15, 2005, staff reviewed the request for the memorial sculpture with the Park Advisory Board. The Board requested that staff take this item before the City Council for consideration. Staff is requesting direction from City Council on how to proceed with the project. ATTACHMENTS: Letter from Kelley Brown ? Proposed Sculpture and Location ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Kerwin Request.doc 9:39 AM 12/07/05 Kelley B. Brown 3316 Stanford Avenue University Park, Texas 75225 October 12, 2005 Gerry Bradley Parks Director City of University Park Via e-mail: gbradley@uptexas.org Dear Gerry Bradley, I am writing to give you some information that I have gathered to answer a few questions that you had regarding the statuary donation that the Kerwin family would like to make to Caruth Park. Q. The actual size and verbage of the plaque for review. Maybe the plaque manufacturer can print out a proof for review once the Kerwin’s decide on the verbiage. “In A. The brass plaque that would accompany the sculpture will say Loving Memory, Ann Kathryn Kerwin, 1997-2003, We were blessed by her beauty, her heart and her grace, this Sweet Butterfly dwells in a magical place.” The manufacturer will get us a proof for your approval Q. We will need an actual picture of the statuary including dimensions and cost for City Council review/approval. A. As you recall, Barbara and Colin Kerwin would like to donate a statue designed by sculpture Gary Lee Price, Titled Best Friends .I have been in touch with the gallery to get a size for the foot print of the statue. I have attached the foot print. Also, I have added as an attachment to this email, a photo of the statue. Q. We will also need a check from the Kerwin’s foundation to provide documentation to City Council and establishing a financial commitment to the project. A Barbara and Colin would like to give a check for the project when the City Council and Parks Board have approved the design. Please let me know what else I can do at this point to move this project forward. Thank you for your time and your help. Best Regards, Kelley 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Kerwin Request.doc 9:39 AM 12/07/05 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 ( DO'-"Jillenls and S, ~tllnqs,nwibon'.tocai SdVnqs' I nmporarv Intl:rnet Files.oLK31..Kerwin HE-'quest doc c139 AM 1 AGENDA MEMO (12-13-05 AGENDA) DATE: December 6, 2005 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider request to abandon street right-of-way adjacent to 7417 Turtle Creek Blvd. Background. The owner of the property at 7417 Turtle Creek Blvd. (TCB), Ms. Anne Oliver, (SW corner of TCB & Hanover) is interested in the purchase of certain street right-of-way (R-O-W) along her Turtle Creek frontage. The east property line (common with the west TCB R.O.W.) is approximately twelve feet west of the sidewalk. Ms. Oliver’s request is to have the City abandon a strip about 11 feet wide along the entire TCB frontage (1,824.42 SF). No utilities will be impacted by the proposed sale of R-O-W, and it is staff’s opinion the City has no current or future use of the subject parcel. Staff determined the fair market value for the R.O.W. to be $40.764782/SF ($74,372.08), and the City Attorney has developed the requisite abandonment ordinance for Council consideration. Recommendation. Staff recommends City Council approval of the abandonment of the above-referenced street R-O-W. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM R-O-W aband 7417 TCB 12 13 05 (3).doc 3:15 PM 12/06/05 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE RIGHT-OF-WAY OF TURTLE CREEK BOULEVARD AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, TO THE ABUTTING OWNERS, JAMES VANHORN OLIVER AND ANNE MARTIN OLIVER, IN CONSIDERATION OF THE PAYMENT OF $74,372.08 TO THE CITY; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of University Park, Texas, has determined that a certain street right-of-way, described in Exhibit “A”, is no longer needed or necessary for public purposes by the City; and WHEREAS , the abutting property owners have agreed to pay the City the market value of the interest being abandoned, as determined by an appraisal obtained by the City; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That for and in consideration of the payment to the City of University Park of $74,372.08, the City of University Park hereby abandons and quitclaims in favor of the abutting owners, James Vanhorn Oliver and Anne Martin Oliver, all that certain tract or parcel of land more particularly depicted and described in Exhibit “A”, attached hereto and made a part hereof for all purposes, the same as if fully copied herein, consisting of 1,824.42 square feet (0.0419 acres), more or less, of street right-of-way of Turtle Creek Boulevard, in the City of University Park, Dallas County, Texas. SECTION 2. That the rights being abandoned in the property described in Exhibit “A” consist of street right-of-way as shown in said Exhibit. SECTION 3. That the City of University Park does not abandon any other interest other than that described in Exhibit “A”, but does hereby abandon all of its right, title, or interest, either in fee simple or by easement, or otherwise, in the described property, together with any and all improvements thereon. 80186 SECTION 4 . That upon delivery of the amount stated above in section 1, the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to James Vanhorn Oliver and Anne Martin Oliver, and the recording of this abandonment ordinance in the real property records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park to the said James Vanhorn Oliver and Anne Martin Oliver, of such right, title or interest of the City of University Park in and to such street right-of-way described in Exhibit “A”, either in fee simple or by easement or otherwise. SECTION 5 . This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 13th day of December 2005. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ _________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/12-6-05) 80186 AGENDA MEMO (12-13-05 AGENDA) DATE: December 6, 2005 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider request to abandon street right-of-way in the intersection of Dublin and Dyer. Background. This is a follow-up to properties and rights-of-way traded by SMU and the City. SMU recently concluded the multifaceted transaction by remitting a check to the City in the amount of $1,932,064.18. During the preparation of a replat (of the block in which the two new fraternities houses have been constructed), R.L. Goodson discovered that a small triangular parcel within the Dublin-Dyer intersection had not been included in the abandonment ordinance for the block. The attached exhibits describe the subject parcel. The fair market value of the 482 SF parcel is $22,316.60. No utilities will be impacted by the proposed sale of R-O-W, and it is staff’s opinion the City has no current or future use of the subject parcel. The City Attorney has developed the requisite abandonment ordinance for Council consideration. Recommendation. Staff recommends City Council approval of the abandonment of the above-referenced street R-O-W. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM R-O-W aband SMU Dublin-Dyer 12 13 05.doc 2:15 PM 12/06/05 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A 482 SQUARE FOOT PORTION OF THE RIGHT-OF-WAY OF DUBLIN STREET/DYER STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, TO THE ABUTTING OWNER, SOUTHERN METHODIST UNIVERSITY, IN CONSIDERATION OF THE PAYMENT OF $22,316.60 TO THE CITY; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of University Park, Texas, has determined that a certain street right-of-way, described in Exhibit “A”, is no longer needed or necessary for public purposes by the City; and WHEREAS , the abutting property owners have agreed to pay the City the market value of the interest being abandoned, as determined by an appraisal obtained by the City; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That for and in consideration of the payment to the City of University Park of $22,316.60, the City of University Park hereby abandons and quitclaims in favor of the abutting owner, Southern Methodist University, all that certain tract or parcel of land more particularly depicted and described in Exhibit “A” (Abandonment No. 1), attached hereto and made a part hereof for all purposes, the same as if fully copied herein, consisting of 482 square feet, more or less, of street right- of-way of Dublin Street/Dyer Street, in the City of University Park, Dallas County, Texas. SECTION 2. That the rights being abandoned in the property described in Exhibit “A” consist of street right-of-way as shown in said Exhibit. SECTION 3. That the City of University Park does not abandon any other interest other than that described in Exhibit “A”, but does hereby abandon all of its right, title, or interest, either in fee simple or by easement, or otherwise, in the described property, together with any and all improvements thereon. 80187 SECTION 4 . That upon delivery of the amount stated above in section 1, the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to Southern Methodist University, and the recording of this abandonment ordinance in the real property records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park to the said Southern Methodist University, of such right, title or interest of the City of University Park in and to such street right-of-way described in Exhibit “A”, either in fee simple or by easement or otherwise. SECTION 5 . This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 13th day of December 2005. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: _________________________ _________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/12-6-05) 80187 EXHIBIT “A LEGAL DESCRIPTION 80187 80187 AGENDA MEMO (12/13/2005 AGENDA) DATE: December 13, 2005 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consider approval of a development agreement with SMU extending the use of the Temporary Athletic Facility Background/Analysis Southern Methodist University is requesting an extension to use the temporary athletic facility until August, 2006. The use of the temporary athletic facility was extended to July, 2005 by a development agreement approved by Council on June 21, 2000. The temporary facility has been used to accommodate primarily football and other sports activities. Football was moved to Ford Stadium and the other sports activities were recently moved into the Dedman Center for Life Time Sports. The remaining occupants are members of the Mechanical Engineering Department who will move into the Embry Engineering building, currently under construction and scheduled for completion in July, 2006. The construction and use of the temporary athletic facility is covered by a development agreement (copy attached) between the University and the City. An amended agreement (copy attached) has been prepared by Leon Bennett representing the University. Mr. Bennett will attend the meeting on December 13, 2005 to answer questions. Recommendation The Planning and Zoning Commission considered this item at its regular meeting on November 21, 2005 and voted unanimously to recommend approval. Attachments: 1.Minutes of Council meeting June 21, 2000. 2.Existing Development Agreement 3.Amended Development Agreement DEVELOPMENT AGREEMENT (Existing) WHEREAS, Southern Methodist University (hereinafter sometimes referred to as “University”) in May, 1997 adopted a Master Plan for its campus located in the City of University Park, Dallas County, Texas; and WHEREAS, the City of University Park (hereinafter sometimes referred to as “City”) in 1988 adopted a Master Plan for the City; and WHEREAS, the University and the City desire to work together in order to reach an agreement that, insofar as such an agreement can reasonably be structured, will assure the University and the City that commitments made herein shall entitle the party to which the commitments are made to rely upon them. NOW, THEREFORE, in consideration of the premises and in further consideration of the obligations hereinafter undertaken, one to the other, the parties agree as follows: 1. A primary interest of both parties hereto is to increase off-street parking for University use at the north end of the campus. Two principal goals are to be achieved: a. Relieve the pressure of University students parking on public streets in residential neighborhoods and Snider Plaza. This will be accomplished by construction by the University of two parking structures, identified as parking garage number 3 and parking garage number 5 according to the University Master Plan. Number 5 garage is to be constructed and ready for occupancy no later than the opening of Ford Stadium. Garage number 5 will be built to provide no fewer than 400 legal, off-street parking spaces (as defined by the City’s zoning ordinance) and shall be located within the area bounded by Airline on the west, Daniel on the north, Durham on the east and University on the south. The spaces in garage number 5 will not be included in the minimum inventory of 5,179 spaces required to be maintained by the University by the zoning ordinance. b. Parking Garage number 3 as shown on University Master Plan, will be constructed on the location shown when the University acquires ownership of the property at 3320 Daniel. The University will continue to use its best efforts to acquire said property and upon acquisition of said property, shall commence the design and construction of a 400 space garage at that location, subject to obtaining such zoning and other permits as may be required by the City. Parking spaces in said garage may be added to the minimum inventory required, provided such addition is permitted by appropriate ordinance of the City adding the property to the UC2 district. 2. In order to permit the University to construct a temporary athletic facility in connection with the reconstruction of Ownby Stadium to become Ford Stadium, the new University football stadium, the City has granted the University permission to temporarily remove 103 parking spaces from the W-5 lot from the minimum inventory. The temporary athletic facility will cease to be occupied prior to the first football game played in Ford Stadium, and the 103 parking spaces temporarily removed shall be restored. However, the University anticipates that it may request permission from the City Council to permanently relocate the 103 spaces to the number 5 parking garage or elsewhere, prior to the requirement hereunder to restore said 103 spaces. 3. The parties hereto each represents that it has been authorized by its governing body to execute this Agreement and that the below named representative is authorized to sign the same on behalf of such party. 4. This contract contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreement with regard thereto. This Agreement cannot be changed except by written agreement of the parties. 5. Should any provision of this Agreement be held or determined to be illegal, invalid, or unconstitutional, such holding shall not affect the remaining portions of this Agreement, which are declared to be severable. IN WITNESS WHEREOF, the authorized representatives of the parties hereto have set their hands on the dates set forth below. Southern Methodist University City of University Park, Texas By: ____________________________ By: _______________________________ Date: ___________________________ Date: ______________________________ SECOND AMENDMENT TO MAY 5, 1998 DEVELOPMENT AGREEMENT WHEREAS , the City of University Park (“UP”) and Southern Methodist University (“SMU”) entered into a certain Development Agreement dated May 5, 1998, (“Subject Agreement”), paragraph numbered two of which acknowledged the opportunity for SMU to construct a temporary athletic facility, the use of which was to cease prior to the first football game in Ford Stadium; and WHEREAS , the term of the Subject Agreement was extended by an Amendment entered into by the parties on July 18, 2001 (“Amended Subject Agreement”); and WHEREAS , SMU has requested of UP that SMU be allowed to continue the occupancy of said temporary athletic facility beyond the time allowed in the Amended Subject Agreement; and WHEREAS , on 13 December 2005, UP authorized SMU to continue to occupy the temporary athletic facility until University Park issues a Certificate of Occupancy for the Embry Engineering Building which has an anticipated completion date of July 2006. NOW THEREFORE, it is agreed that: 1.This Second Amendment to the May 5, 1998 Development Agreement between SMU and UP supersedes and controls the Amended Subject Agreement except as otherwise provided. 2.SMU may continue to occupy the temporary athletic facility and shall maintain the installed landscaping and screening until demolition of the temporary athletic facility as hereinafter provided. 3.Demolition and removal of the temporary athletic facility shall commence not later than 60 days from the date of the Certificate of Occupancy for the Embry Engineering Building and shall be completed not later than 90 days from the date of the Certificate. 4.SMU shall continue to make water available for irrigation purposes to the triangular island at the intersection of Airline/Dublin crossover and UP shall continue to maintain the landscaping installed at said site. 5.Paragraph five (5) of the Amended Subject Agreement shall survive as if fully set forth herein. IN WITNESS WHEREOF , the authorized representatives of the parties have set their hands on the dates set forth below. SOUTHERN METHODIST CITY OF UNIVERSITY PARK, UNIVERSITY TEXAS By: ________________________________ By: __________________________ Date: ______________________________ Date: ________________________ AGENDA MEMO (12-13-05 AGENDA) DATE: December 8, 2005 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider Development and Exchange agreement for City-owned property at 4419 Worcola, I Dallas. Background. I understand the City Council is aware of staff discussions with representatives of Prescott Realty (PR) regarding their desire to acquire the City-owned property at 4419 Worcola – part of the Public Works-Parks service center. Briefly, PR purchased the Shamburger Lumber property, and they are proposing to trade a part of that site for the Worcola property. The attached development agreement provides that PR would receive the 4+ acre Worcola property in exchange for approximately 2+ acres of the Shamburger site, and PR would construct a three or four-story parking and storage building on said Shamburger. The parking structure would be built to the City’s specification and suit the City’s needs resulting from a smaller site. During the advertised bidding process, PR submitted the only proposal, which detailed their “open book” proposal (generally, that the market value of the PR parcel and the cost of the proposed parking structure be exchanged for the market value of the UP parcel). The development and exchange agreement establishes the terms of the exchange, and it provides a ninety-day period for PR to develop the design of the proposed building and the costs associated with the deal. If the City does NOT agree with the net cost of the exchange, the transaction will NOT be completed. Staff intent is for the City to end up with a facility that will meet its operational needs with no out-of-pocket cost. That is not to say that if the decision is made to construct some additional space for future expansion that there wouldn’t be some associated cost. Recommendation. Staff recommends City Council approval of the Development and Exchange Agreement with Prescott Realty. DEVELOPMENT AND EXCHANGE AGREEMENT Agreement THIS DEVELOPMENT AND EXCHANGE AGREEMENT (this “”), dated Effective Date as of the ____ day of ______________, 2005 (the “”), is between PRESCOTT Developer REALTY GROUP, INC., a Texas corporation (“”), and THE CITY OF UNIVERSITY PARK, a municipal corporation organized under the laws of the State of Texas Cityparties (“”). Developer and City are herein sometimes collectively called the “.” RECITALS A. City currently owns those certain tracts or parcels of real property and the improvements thereon located in Dallas, Dallas County, Texas, as more particularly described as UP Property follows (collectively, the “”): (i) the tract or parcel bordered (a) to the West by the Dallas Area Rapid DART Transit (“”) light rail line serving Plano, Texas, (b) to the South by the DART light rail line serving Garland, Texas, and (c) to the East by Worcola Avenue, upon which various parking improvements are situated UP ExchangeProperty (the “ ”), which UP Exchange Property is more Exhibit A particularly described in attached hereto and made a part hereof by this reference; (ii) the tract or parcel bordered (a) to the West by Worcola Avenue, (b) to the South by the DART light rail line serving Garland, Texas, and (c) to the East by Greenville Avenue, upon which various improvements are situated UP Peek CenterProperty (the “ ”), which UP Peek Center Property is Exhibit B more particularly described in attached hereto and made a part hereof by this reference; and (iii) the tract or parcel bordered (a) to the West, South and North by the Developer Exchange Property (as defined herein), and (b) to the East by Greenville Avenue, upon which a City storage facility and related parking UP Storage Property improvements is situated (the “”), which UP Storage Exhibit C Property is more particularly described in attached hereto and made a part hereof by this reference. B. Developer and/or MC Townhomes I LP, a Delaware limited partnership and an MC Townhomes affiliate of Developer (“”), currently own those certain tracts or parcels of real property and the improvements thereon located in Dallas, Dallas County, Texas (collectively, the Developer Exchange PropertyExhibit D “”), as more particularly described in attached hereto and made a part hereof by this reference. C. Pursuant to the terms thereof, Developer shall demolish the existing improvements on the Developer Exchange Property and the UP Storage Property and construct a new 15,000 square foot (more or less) structure including a two, three, or four level parking structure and associated storage and general utility space (together with all related improvements “Improvements”) and amenities, collectively the , which will be utilized by City in connection with the existing improvements located on the UP Peek Center Property (the Developer 1 Exchange Property, UP Storage Property and Improvements being hereinafter referred to, “Project” collectively, as the ). D. Once construction of the Improvements has been Substantially Completed (hereinafter defined), City desires to convey the UP Exchange Property to Developer and, in exchange therefor, Developer desires to convey the Developer Exchange Property (to the extent hereinafter provided) and its interest in the Improvements to City. E. City and Developer desire to execute and enter into this Agreement to set forth their understandings with regard to the foregoing. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged by the parties, Developer and City agree as follows: ARTICLE I APPOINTMENT AND AUTHORITY OF DEVELOPER Undertaking by Developer 1.1.. Developer shall perform and have the right and obligation to carry out all development and construction management services for the Project as required by, and subject to, the terms and conditions of this Agreement. Status of Developer 1.2.. Developer is, and shall at all times during the term of this Agreement be, an independent contractor and not an agent or employee of City. All contracts and agreements executed or entered into by Developer in connection with the performance of its duties and obligations under this Agreement shall be contracts and agreements in the name of Developer, unless otherwise provided in this Agreement or otherwise agreed to in writing by City. No Partnership or Joint Venture 1.3.. Nothing contained in this Agreement shall constitute or be deemed or construed to create a partnership or joint venture between City and Developer. ARTICLE II PRE-CONSTRUCTION MATTERS Title and Survey; Initial Period 2.1.. a.Title Commitment and Documents. Within twenty (20) days after the Effective Date, Developer will cause the following to be delivered to Developer and City: Title Commitment (i)a current Commitment for Title Insurance (“”) Title Company issued by Republic Title of Texas, Inc. (the “”), setting forth the state of title to each of the UP Exchange Property, the UP Storage Property and the Developer Exchange Property; and 2 (ii)true, correct and legible copies of all instruments that create or evidence all liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral or otherwise), conditions, restrictions, options, conditional sale contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights of way, encroachments, overlaps or other outstanding claims, Title Exceptions interests, estates or equities of any nature (collectively, the “”), which affect title to each of the UP Property and the Developer Exchange Property. b.Survey. Within twenty (20) days after the Effective Date, Developer will cause to be prepared and delivered to Developer and City a currently dated as-built, on-the- SurveySurveys ground, survey (individually “” and collectively “”) of each of the UP Exchange Property, the UP Storage Property and the Developer Exchange Property, prepared by a surveyor licensed by the State of Texas. c.Initial Period. City and Developer shall each have a period of ninety (90) Initial Period days from the Effective Date (the “”) in which to review the Title Commitment, Title Exceptions and Survey for the UP Exchange Property, the UP Storage Property or the Developer Exchange Property, as appropriate, to inspect the condition of the UP Property or the Developer Exchange Property, as appropriate, and to conduct an examination of same and to review such other matters as City or Developer deem necessary (including, without limitation, a physical inspection, an appraisal, an environmental audit and a geotechnical inspection). City and Developer will coordinate with one another in curing any adverse title matters reflected in the Title Commitments, Title Exceptions and Surveys prior to the expiration of the Initial Period. At Closing, all matters reflected in the Title Commitment, Title Exceptions and Surveys with respect to the UP Exchange Property, the UP Storage Property and the Developer Exchange Permitted Exceptions Property shall be deemed “” as respectively applicable to same. d.Access to Property. To facilitate the inspections contemplated in Section 2.1(c), City will provide Developer access to the UP Property, and Developer will provide City access to the Developer Exchange Property. City and Developer will conduct any physical inspections, tests, examinations and studies only as reasonably required and will use reasonable efforts to minimize interference with the operations of the other party at its respective properties. e.Indemnity. City and Developer agree to indemnify and hold the other party harmless from and against any liens, claims, or damages including, without limitation, any and all demands, actions or causes of action, assessments, losses, costs, liabilities, interest, penalties and reasonable attorneys’ fees suffered or incurred by City or Developer as a result of the negligence or willful misconduct of the other party in the conduct of the inspections contemplated in Section 2.1(c); provided, however, City and Developer shall have no liability for any diminution in the value of the other party’s property as a result of matters or conditions identified during its inspections. City and Developer will, to the extent practicable in light of the pendency of the Project, repair or cause to be repaired any damages of a material nature caused by such party in its review and inspections. Notwithstanding anything set forth herein to the contrary, the indemnification obligations of City and Developer in this Section 2.1(e) will survive the termination of this Agreement for any reason. 3 f.Land Value. Prior to the expiration of the Initial Period, Developer and City shall agree upon the appraisal value of the UP Exchange Property and the Developer Exchange Property for the purposes of Section 7.2 hereof. Architect 2.2.. Merriman & Associates, or other architectural firm that is mutually agreed upon by Developer and City, shall be selected as the architect for the Project (the ArchitectArchitect “”). Developer shall negotiate the form of contract with the Architect (the “ Contract ”) subject to reasonable review and approval by City. The Architect Contract shall not be amended or altered in any material respect without the prior approval of City. Architect will perform the following specific services in connection with the Project: a.Architect will have exclusive authority and responsibility to prepare the Plans and Specifications (hereinafter defined), samples and equipment data for compliance with applicable laws and regulations and satisfaction of design integrity, which may be required for the initiation, prosecution, construction and completion of the Project. b.Architect will have primary responsibility to issue such drawings, instructions and data as may be required to interpret properly the Plans and Specifications, if so required. c.Architect will have primary responsibility, in accordance with the terms and conditions of the Architect Contract, to review, evaluate and approve all applications for payment submitted by the General Contractor (hereinafter defined) and forward said applications for the review by Developer and City, and to ensure that construction of the Project has been conducted in a good and workmanlike manner in accordance with the Plans and Specifications. Developer Services 2.3.. Prior to commencement of construction of the Improvements, Developer shall also provide the following services to City: a.Developer shall interview, negotiate with and, after consultation with and approval of City, select and engage all other design and development consultants (collectively, Consultants the “”) for the Project, including space planners, landscape architects, civil, soils, mechanical, electrical and plumbing engineers, and telecommunications, acoustical, curtain wall, lighting, art and graphic design consultants. b.Developer shall manage and coordinate the Consultants regarding the Project and coordinate Architect’s preparation of conceptual design criteria, and the Plans and Specifications therefor, including matters relating to site planning, engineering, building shell, public space and landscape design, traffic and circulation matters. c.Developer shall initiate the planning and coordinate with City and Architect the receipt of all necessary public and private approvals for the Project, including city planning, applicable building codes, public works, any applicable architectural review committee, and building permit approvals (including, without limitation, as provided in Section 4.6 hereof). 4 d.Prior to the expiration of the Initial Period, City and Developer shall agree upon a Preliminary Budget (herein so called), which includes, among other matters, fixing the number of levels of the parking structure, and allowances for line items as designated therein. The agreed upon Preliminary Budget shall be initialed by the parties and attached hereto as Exhibit E on or prior to the expiration of the Initial Period. Developer and City shall further update and refine the Preliminary Budget periodically as the Architect prepares design, development and construction documents. The allowances set forth in the Preliminary Budget shall not be final until 15 days prior to the expiration of the Initial Period and then only to the extent set forth in the Approved Budget (hereinafter defined). Developer shall provide preliminary evaluation of the Preliminary Budget, prepare preliminary estimates of construction costs for early schematic designs, and coordinate with City in achieving a mutually agreed upon development program, budget requirements and other design parameters. Developer shall further provide cost evaluations of alternative materials and systems as requested. e.Developer shall review designs during their development and coordinate with City regarding on-site use and improvements, selection of materials, building systems and equipment and methods of Project delivery. f.With the cooperation of Architect and the Consultants, Developer shall Project prepare and submit for City’s approval an estimated critical path schedule (the “ Schedule ”) that coordinates and integrates Developer’s services and City’s responsibilities and needs with anticipated construction schedules. The Project Schedule shall include a detailed program for the design and construction of the Project including procurement, fabrication and delivery dates for all major materials and equipment. The Project Schedule shall cover all phases of the work required pursuant to the General Contract (as defined herein) and shall provide for the timely and proper execution of such work. The Project Schedule will indicate the established dates for the start and completion of all phases of the Project, including the date for Substantial Completion (or Substantially Completed, as hereinafter defined), and may be revised subject to the approval of City and Developer. The Project Schedule will be completed as soon as reasonably practicable after the execution of the General Contract. Developer shall provide City a monthly progress report at the end of each month detailing the amount of work on the Project that has been completed in relation to the Project Schedule. g.No space planning, design or finish-out evaluations of the Project shall be required as the Improvements shall be delivered in shell condition which shall include electricity, lighting fixtures, and partitions necessary for use as storage space. Plans and Specifications 2.4.. Prior to the expiration of the Initial Period, City and Developer shall agree upon the Design Criteria (herein so called), the Site Plan (herein so called) and the Building Elevations (herein so called) for the Project. The agreed upon Design Criteria, Exhibit Site Plan and Building Elevations shall be initialed by the parties and attached hereto as FExhibit GExhibit H , and , respectively, on or prior to the expiration of the Initial Period and Preliminary Plans are hereinafter collectively referred to as the “.” The Preliminary Plans shall form the basis of the Plans and Specifications and the Preliminary Budget referenced in Section 2.3(d) hereof. The final plans and specifications for the Project shall be approved by Developer Plans and City. Such approved final plans and specifications shall be referred to herein as the “ and Specifications .” 5 General Contractor 2.5.. Prior to the expiration of the Initial Period, Developer will choose a list of general contractors who are eligible to perform the primary construction services for the Improvements, and shall request that such general contractors submit a bid for the General Contract. After receiving bids, Developer shall select the general contractor to work on the Project. The selection of the general contractor shall not be based solely upon the respective General bid submitted. Following selection, Developer shall enter into a contract (the “ ContractGeneral Contractor ”) with such general contractor (the “”) containing specific terms (such as the contract sum, date of substantial completion, amount of retention and payment schedule) in any material respect consistent with the criteria described in this Article II. The General Contract shall not be amended or altered without the prior approval of both City and Developer. Other Contractors 2.6.. Developer shall have the right to engage contractors other than the Architect or the General Contractor upon such terms and conditions as City and Developer shall deem appropriate. Project Contracts 2.7.. The General Contract, the Architect Contract, the Consultants’ agreements and any and all subcontracts and purchase orders entered into by Project Developer pursuant to this Agreement are collectively referred to herein as the “ Contracts .” ARTICLE III DEVELOPMENT BUDGET In General 3.1.. Developer shall prepare and submit to City for its approval a budget Approved Budget (the “”) that will include final provisions for all costs and expenses to design, construct and complete the Improvements and all other aspects of the Project in accordance with the Plans and Specifications and this Agreement. The Approved Budget shall include, among other things, all Consultants’ costs and fees, all hard and soft costs, testing costs, feasibility costs, permit and license fees, title insurance premiums, insurance costs, survey expense and legal fees. The Approved Budget may be modified from time to time with the prior written consent of City. Line Item Allocations 3.2.. Developer shall be entitled to reallocate amounts from any line item in the Approved Budget to any other line items(s) of the Approved Budget so long as such reallocation does not increase the Approved Budget or modify the Plans and Specifications. ARTICLE IV CONSTRUCTION Generally 4.1.. Developer shall obtain or cause to be obtained, all building permits, licenses, temporary and permanent certificates of occupancy and other governmental approvals, which may be required to permit the construction of the Improvements and to permit the use of the Project. Construction Duties 4.2.. During construction of the Improvements, with due reliance upon and assistance from the Architect, the General Contractor and the Consultants, Developer shall supervise, manage, coordinate and direct the performance of the construction of 6 the Improvements by: (a) providing direction to the General Contractor; (b) endeavoring to guard against any defects or deficiencies in the work of any contractor(s) discovered or suspected by Developer; (c) advising the General Contractor of any material omissions, substitutions, defects, or deficiencies noted in the work of any contractor, subcontractor or materialman; (d) advising the General Contractor and the Architect of any work or materials that do not, in Developer’s view, materially conform to the appropriate Project Contracts; (e) causing the General Contractor to correct any defective or non-conforming work known, or which in the exercise of reasonable efforts should have been known, by Developer; (f) causing the Architect to prepare such reports as may be required for the use of any public agency; (g) maintaining construction accounts for the Improvements; (h) cause the General Contractor to coordinate the installation of the utilities with the appropriate utility companies; and (i) performing such other additional management functions as are commercially appropriate to cause development and construction activities to proceed in accordance with the Plans and Specifications and the Project Schedule. Staging Area 4.3.. City shall provide to Developer access to and a temporary easement and right-of-way over and across the Northeastern portion of the UP Exchange Staging Area Property (the “”) for the purpose of staging construction materials and personnel during construction of the Improvements; provided, however, Developer agrees not to unreasonably interfere with City’s operations at the UP Exchange Property. Agreement Regarding UP Storage Property 4.4.. All existing improvements on the UP Storage Property shall be demolished. City shall have no access to the UP Storage Property during construction of the Improvements other than in connection with reviewing the progress of construction of the Improvements. City shall subordinate its fee interest in the UP Storage Property to the lien or liens of any Collateral Assignee (as defined herein). City shall execute, acknowledge (if necessary), and deliver, or cause to be executed, acknowledged (if necessary), and delivered, any and all documents or agreements as may be reasonably required pursuant to this Section 4.4. Release of Easements 4.5.. The parties shall cooperate with one another to cause the release or abandonment of the existing easements and rights-of-way across the UP Property and Developer Exchange Property held by the City of Dallas, Dallas County and the Texas Department of Transportation along Greenville Avenue, and further agree to execute, acknowledge (if necessary), and deliver, or cause to be executed, acknowledged (if necessary), and delivered, any and all documents or agreements as may be reasonably required for same. As the existing easements burden portions of the UP Property and adjacent real property owned by MC Townhomes, the total release costs shall be allocated between Project Costs and those allocated to MC Townhomes on the basis of the relative lineal feet released. The allocated Release Costs portion of the costs and expenses of such efforts (collectively “”) shall be included in Project Costs. Special Use Permit 4.6.. The parties acknowledge that City’s use of the UP SUP Exchange Property is current permitted under a special use permit (“”) granted by the City of Dallas. Developer shall use reasonable efforts to cause the City of Dallas to issue a new SUP for the UP Peek Center Property, the UP Storage Property and the Developer Exchange Property, on or before the Closing, subject to the current procedures and requirements of the City of Dallas. City shall cooperate with Developer in such endeavor and shall execute, acknowledge (if 7 necessary), and deliver, or cause to executed, acknowledged (if necessary), and delivered, any and all documents or agreements as may be reasonably required for same. The costs and SUP Costs expenses of such efforts (collectively “”) shall be included in Project Costs. Substantial Completion of the Improvements Defined 4.7.. For purposes of this Substantial Completion Agreement, “” of the Improvements shall mean the date on which all of the following conditions shall have been satisfied: (a) all Improvements, including all equipment, fittings and fixtures required to be installed by the Plans and Specifications have been substantially completed and installed in accordance with the Plans and Specifications, except for “punch list” items described in Section 4.9 below; direct connection has been made to the Improvements from all public utilities; pipes and conduits for water, electricity and gas shall be in adequate size and connected to the source of supply and in operable condition for all required needs; storm drainage and sanitary sewer shall be adequate; access to and from the Improvements by trucks, cars and pedestrians shall be available; and each of the items referred to in this clause (a) are so certified to City and Developer by a certificate from the Architect; and (b) a certificate of occupancy has been issued on the Improvements from the appropriate governmental authority to City. For purposes of this Agreement, a certificate of occupancy shall be deemed to have been issued when Developer is in receipt of a final base building inspection certificate for the building shell. Final Completion of the Improvements 4.8.. At the time the Architect issues its certificate of substantial completion, the Architect shall prepare and deliver to City and Developer a “punch list” of items required for final completion. The later of the date upon which all “punch list” items are completed, as certified by the Architect, or the date on which the permanent certificate of occupancy is issued, shall constitute the date of final completion of the Final Completion Improvements (“”). Items to be Delivered Upon Final Completion 4.9.. The following documents and items shall be executed and/or delivered by Developer to City not later than the date of Final Completion of the Project: a.Developer shall execute and deliver to City a written assignment transferring and assigning to City: (i) all right, title and interest, accruing to Developer under the Project Contracts; (ii) all right, title and interest, if any, accruing to Developer under the Plans and Specifications; (iii) all right, title and interest accruing to Developer under all warranties, guaranties and bonds issued by or delivered on behalf of, or required to be issued by or on behalf of, any contractor, subcontractor or supplier with respect to the Improvements; and (iv) all right, title and interest accruing to Developer under all certificates, licenses, permits, authorizations, consents and approvals issued by any governmental authority with respect to the Project. Notwithstanding such assignment, Developer shall reserve all rights under and to guarantees, warranties, indemnities, damages or other recoveries against any contracting party for any matter with respect to which Developer may be responsible to City. b.Developer shall deliver to City four (4) prints of an as-built, on-the- ground, survey of the Project, prepared by a surveyor licensed by the State of Texas. 8 c.Developer shall deliver to City three (3) sets of record drawings of the Improvements, including architectural and mechanical, electrical, structural, plumbing, heating, ventilation and air conditioning record drawings. d.Developer shall deliver to City the certificate of occupancy required pursuant to Section 4.9 hereof. e.Developer shall deliver to City all manufacturers’ written brochures, catalogs, maintenance instructions, training and such other information received by Developer with respect to the fixtures or any other component of the Improvements. ARTICLE V INSURANCE, INDEMNIFICATION City’s Insurance 5.1.. City shall procure and maintain for the UP Property, at City’s sole cost, (a) commercial general liability insurance with minimum occurrence/aggregate limits Five Million Dollars ($5,000,000) of , (b) workers’ compensation insurance with statutory limits and employer’s liability with minimum occurrence/aggregate limits of Five Hundred Thousand Dollars ($500,000) and (c) all other insurance coverages in amounts and with limits and deductibles as are otherwise required to be maintained by City. The commercial general liability insurance policy will, if available, contain (i) an endorsement including Developer as an “additional insured,” and (ii) a waiver of subrogation in favor of Developer. Developer’s Insurance 5.2.. Developer shall procure and maintain for the Developer Exchange Property, at Developer’s sole cost (except as otherwise indicated below), (a) Five commercial general liability insurance with minimum occurrence/aggregate limits of Million Dollars ($5,000,000) , (b) builder’s risk insurance covering Developer’s construction activities (the cost of which will be included in Project Costs), (c) worker’s compensation insurance with statutory limits and employer’s liability insurance with minimum occurrence/aggregate limits of Five Hundred Thousand Dollars ($500,000) and (d) all other insurance coverages in amounts and with limits and deductibles as are otherwise required by any construction lender of Developer (the cost of which will be included in Project Costs). The commercial general liability insurance policy will, if available, contain (i) an endorsement including City as an “additional insured,” and (ii) a waiver of subrogation in favor of City. INDEMNIFICATION OF CITY BY DEVELOPER. TO THE FULLEST 5.3. EXTENT PERMITTED BY LAW, DEVELOPER SHALL INDEMNIFY AND HOLD CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST, AND AT CITY'S REQUEST DEFEND, ANY ACTION, CAUSE OF ACTION, SUIT, CLAIM, OR DEMAND WHATSOEVER FOR DAMAGES, LOSSES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, BROUGHT OR ASSERTED BY ANY THIRD PARTY ARISING DIRECTLY FROM, ARISING OUT OF, OR RESULTING FROM ANY NEGLIGENT ACT OR OMISSION OF DEVELOPER (EXCLUDING IN ALL EVENTS, HOWEVER, ANY MATTER FOR WHICH THE ARCHITECT, GENERAL CONTRACTOR AND CONSULTANTS HAVE EXCLUSIVE AUTHORITY AND RESPONSIBILITY) WHICH RESULTS OR IS ALLEGED TO HAVE RESULTED IN BODILY INJURY, SICKNESS, 9 DISEASE OR DEATH, OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE THEREOF, FROM DEVELOPER'S ACTIVITIES ON CITY PROPERTY AND THE STAGING AREA, EXCEPT WHERE SUCH CLAIM, DAMAGE OR EXPENSE IS CAUSED IN WHOLE OR PART BY THE ILLEGAL OR FRAUDULENT CONDUCT, NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY INDEMNIFIED HEREUNDER . This Section 5.3 shall survive and continue in full force and effect notwithstanding the expiration or earlier termination of this Agreement. ARTICLE VI REPRESENTATIONS, WARRANTIES AND COVENANTS Representations and Acknowledgments 6.1.. a.Mutual. Each of City and Developer hereby represent and warrant to the other that: (i)Such party has duly authorized the execution and delivery of this Agreement, and this Agreement has been executed by its authorized official, partner or officer following approval of this Agreement by such action or approval as may be required to cause this Agreement to be a legal, valid and binding contract of such party, enforceable against such party according to its terms, except only as enforceability hereof may be limited by bankruptcy, insolvency, moratorium or other laws affecting creditors’ rights, and by application of principles of equity, whether asserted in a proceeding at law or in equity. (ii)Neither the performance of this Agreement nor any provision thereof, will violate any contract, agreement, indenture, mortgage or other instrument by which such party or its property are bound, nor will performance hereof violate any law, regulation, ruling, order, decree or judgment binding on such party or by which such party or its property is bound. b.Representations of City. City represents and warrants as follows: (i)City is a duly organized municipal corporation validly existing and in good standing under the laws of the State of Texas. (ii)City has good and indefeasible fee simple title to the UP Property. c.Representations of Developer. Developer represents and warrants as follows: (i)Developer is a duly organized corporation validly existing and in good standing under the laws of the State of Texas. (ii)Developer and/or MC Townhomes have good and indefeasible fee simple title to the Developer Exchange Property. 10 (iii)Developer has no pending or, to the best of its knowledge, threatened litigation or governmental action against it that would affect its performance under this Agreement. (iv)There are no bankruptcy, insolvency or debt consolidation actions now pending in which Developer is the debtor. Covenants 6.2.. a.City. City covenants and agrees to: (i)give prompt consideration within five (5) business days to all things relating to the development of the Project reasonably required to be considered or approved by City or otherwise presented to it by Developer or any other person, which consent shall not be unreasonably withheld; (ii)pay on or before the due date thereof all amounts payable by City pursuant to or as contemplated by this Agreement; (iii)arrange for Developer’s full and free access to the UP Property and all matters relating thereto at all times to enable Developer to perform its services hereunder; (iv)give prompt written notice to Developer whenever City becomes aware of any matter relating to the Project or the UP Property that would be material to Developer in the performance of its services hereunder; (v)in connection with the Project, designate a designated representative who shall be entitled to act on behalf of City; and (vi)fully cooperate with Developer in respect to all matters contemplated by or within the scope of this Agreement, furnish all documents and information necessary or desirable by Developer in furtherance of the Project. b.Developer. Developer covenants and agrees to: (i)give prompt consideration to all things relating to the development of the Project or otherwise presented to it by City; (ii)pay on or before the due date thereof all amounts payable by Developer pursuant to or as contemplated by this Agreement; (iii)in connection with the Project, designate a designated representative who City shall be entitled to rely upon, who shall have the authority to make binding commitments relative to the Project on behalf of Developer; and (iv)fully cooperate with City in respect to all matters contemplated by or within the scope of this Agreement, furnish all documents and information necessary or desirable by City in furtherance of the Project. 11 ARTICLE VII CLOSING Time and Place 7.1.. The exchange of the UP Exchange Property and the Developer Closing Exchange Property shall be consummated at a closing (the “”) to be held at the offices of the Title Company at 2626 Howell Street, Dallas, Texas 75204, Attn: Kathy Smith, Voice: (214) 855-8893, Fax: (214) 855-8848, Email: ksmith@republictitle.com, or at such other location upon which City and Developer mutually agree. The Closing shall occur on or before the date that is ten (10) days after Final Completion or as otherwise agreed by Developer and City in writing Closing Date (the “”). Determination of Value 7.2.. Prior to the Closing, City and Developer shall agree Exchange Value upon the respective values (“”) of the UP Exchange Property and the Developer Exchange Property, based on the following guidelines: a.UP Property. The Exchange Value of the UP Exchange Property shall be comprised of the appraised value of the UP Exchange Property, plus or minus any adjustments thereto as may be agreed upon by City and Developer. b.Developer Exchange Property. The Exchange Value of the Developer Exchange Property shall be comprised of the appraised value of the Developer Exchange Property, plus the costs of constructing the Project, plus the Project Costs contributed by or allocated to Developer pursuant to this Agreement, plus or minus any adjustments thereto as may be agreed upon by City and Developer. c.Settlement of Exchange Values. If the Exchange Value of the UP Exchange Property is less than the Exchange Value of the Developer Exchange Property, City shall pay to Developer such difference at the Closing. If the Exchange Value of the UP Exchange Property is greater than the Exchange Value of the Developer Exchange Property, Developer shall pay to City such difference at the Closing. Items to be Delivered by City at the Closing 7.3.. At the Closing, City shall deliver or cause to be delivered to Developer each of the following items: a.An exchange deed in special warranty form, duly executed and acknowledged, conveying to Developer good and indefeasible fee simple absolute title to the UP Exchange Property, subject to the Permitted Exceptions applicable to same, and otherwise in form acceptable to the Title Company. b.An updated Title Commitment irrevocably committing the Title Company to issue as soon as practical after Closing an Owner’s Policy of Title Insurance in a face amount equal to the Exchange Value for the UP Exchange Property, issued by the Title Company on the standard form in use in the State of Texas, insuring good and indefeasible fee simple title to the UP Exchange Property, subject to the Permitted Exceptions applicable to same, with the standard printed exceptions modified as follows: (i)the exception for restrictive covenants will be modified to read either “None” or “None except (for restrictions that are included in the Permitted Exceptions);” 12 (ii)the exception relating to discrepancies, conflicts or shortages in area or boundary lines or any encroachment or overlapping of improvements that a survey may show shall be amended to read “shortages in area” only; (iii)the exception as to the lien for taxes and assessments will be limited to the year in which each Closing occurs; and (iv)any exception for “parties in possession” will be limited to the rights, if any, pursuant to the Permitted Exceptions. c.Such other instruments as may be reasonably necessary to consummate this Agreement, including, by way of example, closing statements, releases, evidence of the authority of the party executing instruments on City’s behalf and delivery of instruments required by the Title Company under Schedule C of the Title Commitment. Items to be Delivered by Developer at the Closing 7.4.. At the Closing, Developer and/or MC Townhomes, as appropriate, shall deliver or cause to be delivered to City each of the following items: a.An exchange deed in special warranty form, duly executed and acknowledged, conveying to City good and indefeasible fee simple absolute title to the Developer Exchange Property, subject to the Permitted Exceptions applicable to same, and otherwise in form acceptable to the Title Company. MC Townhomes shall reserve in such exchange deed the Air Rights (hereinafter defined) and in connection therewith shall execute and record the Declaration attached hereto as Exhibit I and incorporated herein by reference. b.An updated Title Commitment irrevocably committing the Title Company to issue as soon as practical after Closing an Owner’s Policy of Title Insurance in a face amount equal to the Exchange Value for the Developer Exchange Property, issued by the Title Company on the standard form in use in the State of Texas, insuring good and indefeasible fee simple title to the Developer Exchange Property, subject to the Air Rights and the Permitted Exceptions applicable to same, with the standard printed exceptions modified as follows: (i)the exception for restrictive covenants will be modified to read either “None” or “None except (for restrictions that are included in the Permitted Exceptions) ”; (ii)the exception relating to discrepancies, conflicts or shortages in area or boundary lines or any encroachment or overlapping of improvements that a survey may show shall be amended to read “shortages in area” only; (iii)the exception as to the lien for taxes and assessments will be limited to the year in which each Closing occurs; and (iv)any exception for “parties in possession” will be limited to the rights, if any, pursuant to the Permitted Exceptions. c.The items to be delivered by Developer pursuant to Section 4.10. 13 d.Such other instruments as may be reasonably necessary to consummate this Agreement, including, by way of example, closing statements, releases, evidence of the authority of the party executing instruments on Developer’s behalf and delivery of instruments required by the Title Company under Schedule C of the Title Commitment. Project Costs 7.5.. All costs and expenses related to the Title Commitments, Title Exceptions, Surveys, obtaining any physical inspections, tests, examinations, studies and geotechnical inspections, the title policy premiums (including the cost of any required endorsements to the title policies), the recording fees and escrow fees charged by the Title Company, and all interest, fees, costs and expenses charged by any construction lender with respect to the Project, demolition and remediation expense, Developer’s expenses directly attributable to the Project (including, without limitation, salaries) all amounts payable pursuant to the Project Contracts, insurance expense, permit fees and other municipal charges, demolition expense, legal fees and expenses, Release Costs and SUP Costs are herein referred to as Project Costs “,” which also includes all costs and expenses specifically mentioned herein as included within Project Costs. Real estate taxes and assessments for the fiscal period of Closing will be prorated between City and Developer as of the Closing Date, and such prorated amounts shall be included in Project Costs. City and Developer shall each account for such Project Costs at Closing and shall reapportion it in such manner for the purposes of determining Exchange Value. ARTICLE VIII ASSIGNMENT, CONFIGURATION AND AIR RIGHTS Non-Assignable 8.1.. Neither Developer nor City shall assign, transfer, pledge or otherwise encumber or dispose of this Agreement or all or any part of Developer’s or City’s rights and interest hereunder without the other party’s prior written consent and any attempted assignment, transfer, pledge, other encumbrance or disposition (except by Developer to MC Townhomes as provided herein) without such prior written consent shall be void and of no force or effect. Collateral Assignment 8.2.. Developer and City hereby irrevocably consent to the collateral assignment of this Agreement and any other Project Contracts to any construction lender and/or any lien holder and their respective successors or assigns (whether one or more, the Collateral Assignee “”) which has made, or hereafter will make, loans to Developer with respect to the Project, for the purpose of securing the performance of all of Developer’s obligations with respect to such loans. Neither Developer nor City shall enter into any modifications, supplements, amendments or addenda to this Agreement without the prior written approval of the Collateral Assignee, if such prior written approval is required by the Collateral Assignee. Developer and City shall look solely to one another for the performance of all of their respective obligations under this Agreement. Configuration. 8.3.City acknowledges that Developer is attempting to purchase the Isenberg Tract tract outlined in red (the “”) on Exhibit D-1 attached hereto and incorporated herein by referenced. If Developer acquires the Isenberg Tract not later than thirty (30) days prior to Substantial Completion, the configuration of the Project shall be as set forth on Exhibit D-2 attached hereto and incorporated herein by reference. If Developer does not timely acquire 14 the Isenberg Tract as provided in the preceding sentence, the configuration of the Project shall be as set forth on Exhibit D-3 attached hereto and incorporation herein by reference. Air Rights 8.4.. The air rights reserved by MC Townhomes shall be for that portion of the Developer Exchange Property outlined in red on Exhibit D-2 or 3, as appropriate, and being the right to use and occupy all of the air space thirty six (36) feet above the current surface of that portion of the Developer Exchange Property outlined in red on Exhibit D-2 or 3, as Air Rights appropriate, which is a mean sea level equivalent determined by the Survey (the “”). ARTICLE IX MISCELLANEOUS 9.1.Approval. A failure by City or Developer to provide a response to any request for consent, approval or other authorization hereunder within five (5) days after request therefor shall conclusively be construed to constitute consent, approval or other authorization with respect to the matter in issue. 9.2.Communications. The parties hereto agree to act in good faith and in a reasonable manner as to all matters herein contained, except as otherwise provided herein. The parties hereto also agree to meet and conference by phone as often as reasonably necessary to accomplish the purposes of this Agreement. 9.3.Notice. Any notice provided in or permitted under this Agreement shall be made in writing and may be given or served by (i) delivering the same in person to the party to be notified, (ii) depositing the same in the U.S. mail, postage prepaid, registered or certified with return receipt requested, and addressed to the party to be notified at the address herein specified, (iii) by nationally recognized overnight courier or (iv) when sent by facsimile or electronic transmission as shown below provided that the same is sent during the normal business hours of the party to whom it was sent, and written confirmation of the sending of such facsimile is obtained. If notice is deposited in the mail pursuant to clause (ii) of this Section 9.3, it will be deemed received three (3) days following deposit in a post office or other depository under the care or custody of the United States Postal Service. Notice given in any other manner shall be deemed received only if and when actually received by the party to be notified. For the purpose of notice, the address of the parties shall be, until changed as hereinafter provided for, as follows: If to Developer: Prescott Realty Group, Inc. 6060 N. Central Expressway, Suite 642 Dallas, Texas 75206 Fax No.: (214) 750-0031 Phone No.: (214) 750-0009 Attn: Vance E. Detwiler vdetwiler@prescottrealtygroup.com with a copy to: Jackson Walker L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 15 Fax No.: (214) 661-6605 Phone No.: (214) 953-5934 Attn: Bryan C. Birkeland bbirkeland@jw.com If to City: The City of University Park 3800 University Blvd. University Park, Texas 75205 Fax No.: (214) 987-5399 Phone No.: (214) 363-1644 Attn: Bob Livingston, City Manager and Gene “Bud” R. Smallwood, Director of Public Works with a copy to: Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza Dallas, Texas 75201 Fax No.: (214) 965-0010 Phone No.: (214) 965-9900 Attn: Robert L. Dillard, III rdillard@njdhs.com The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify, as its address any other address by at least fifteen (15) days prior written notice to the other party. Each party shall have the right from time to time to specify additional parties to whom notice hereunder must be given by delivering to the other party fifteen (15) days prior written notice thereof, setting forth the address of such additional parties. Notice required to be delivered hereunder to either party shall not be deemed to be effective until the additional parties, if any, designated by such party have been given notice in a manner deemed effective pursuant to the terms of this Section 9.3. 9.4.Captions. The titles or captions contained in this Agreement are for convenience only and shall neither restrict nor amplify the provisions hereof. 9.5.Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the person or entity may require. 9.6.Entire Agreement/Amendment. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof, unless otherwise provided herein or in any other existing or future written agreement between City and Developer with respect to the subject matter hereof. This Agreement shall not be amended or changed except by written instrument signed by both parties hereto. 9.7.Severable Provisions. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, then the other provisions of this Agreement, the provision in question to any other extent, and the 16 application thereof to any other person or circumstances, shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 9.8.Governing Law. The laws of the State of Texas shall govern the validity, enforcement and interpretation of this Agreement without regard to the conflict law rules of such state. The parties hereto acknowledge and agree that the negotiations and execution of this Agreement have occurred in Dallas County, Texas, the obligations of the parties hereto are performable in Dallas County, Texas, and the parties hereto hereby consent that the exclusive venue for any legal action arising out of this Agreement shall be in Dallas County, Texas. 9.9.Attorneys’ Fees. In the event of any controversy, claim or dispute between the parties affecting or relating to the subject matter or performance of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party of all its reasonable expenses, including the reasonable fees and costs of the prevailing party’s attorneys, expert witnesses and accountants. 9.10.Successors; Assignment. This Agreement constitutes a legal, valid and binding agreement between the parties hereto, enforceable against each in accordance with its terms and provisions, except as limited by bankruptcy, insolvency, receivership and similar laws from time to time in effect, and shall inure to the benefit of and bind the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. 9.11.Consequential Damages. Neither City nor Developer shall bear any liability to the other for loss of production, loss of profits, loss of business or any other indirect or consequential damages, but neither party waives any right to make any claim against the other party for any actual or direct damages alleged to have been caused by a breach of any of the provisions of this Agreement. 9.12.No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement, intended or otherwise. 9.13.Event Date. A business day for the purposes of this Agreement shall be any day except Saturday, Sunday or a day on which national banks in Dallas, Texas are permitted to be closed. Any act performable on a day that is not a business day shall be performable on the next business day following such date. 9.14.Counterparts; Facsimile Signatures. This Agreement may be executed in any number of original counterparts, which together shall constitute the agreement of the parties. Facsimile signatures hereto shall be deemed to be original signatures and binding on the parties hereto. 9.15.Commission. City and Developer each warrant and represent to the other that no agent or broker is entitled to a commission or fee as a result of this exchange, and City and Developer each agree to indemnify and hold the other party harmless from any loss, liability or expense suffered by the other party by reason of a breach of such warranty or representation. 17 EXECUTED and effective as of the date first written above. CITY: THE CITY OF UNIVERSITY PARK, a municipal corporation organized under the laws of the State of Texas By: Name: Title: DEVELOPER: PRESCOTT REALTY GROUP, INC., a Texas corporation By: Name: Title: Schedule of Exhibits Exhibit A - UP Exchange Property Exhibit B - UP Peek Center Property Exhibit C - UP Storage Property Exhibit D - Developer Exchange Property Exhibit D-1 - Exhibit D-2 - Exhibit D-3 - Exhibit E - Preliminary Budget Exhibit F - Design Criteria Exhibit G - Site Plan Exhibit H - Building Elevations Exhibit I - Declaration 18 3877366v.12 EXHIBIT I DECLARATION Declaration This Declaration (this “”) is executed by MC Townhomes I LP, a Delaware limited Developer partnership (“”) and is acknowledged and agreed to by The City of University Park, a municipal City corporation organized under the laws of the State of Texas (the “”), effective as of , . RECITALS: A. WHEREAS, Developer has conveyed to the City certain tracts or parcels of real property located in Developer Dallas County, Texas, together with the improvements located thereon (collectively, the “ Exchange Property ”), as more specifically described in Exhibit A attached hereto and incorporated herein by reference. B. WHEREAS, in connection with Developer’s conveyance of the Developer Exchange Property, Developer reserved the right to use and occupy all of the air space thirty six (36) feet above the current Air Rights surface of that portion of the Developer Exchange Property (the “”), as more specifically delineated on Exhibit B-1 and Exhibit B-2 attached hereto and incorporated herein by reference, which is a mean sea level equivalent of __________. C. NOW, THEREFORE, Developer desires to burden the Air Rights with the covenants and obligations contained herein for the benefit of the Developer Exchange Property. 1. Developer’s IndemnityTO THE FULLEST EXTENT PERMITTED BY LAW, DEVELOPER . SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST, AND AT THE CITY'S REQUEST DEFEND, ANY ACTION, CAUSE OF ACTION, SUIT, CLAIM, OR DEMAND WHATSOEVER FOR DAMAGES, LOSSES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, BROUGHT OR ASSERTED BY ANY THIRD PARTY ARISING DIRECTLY FROM, ARISING OUT OF, OR RESULTING FROM ANY NEGLIGENT ACT OR OMISSION OF DEVELOPER IN CONNECTION WITH DEVELOPER’S USE, OCCUPANCY AND OWNERSHIP OF THE AIR RIGHTSWHICH RESULTS OR IS ALLEGED TO HAVE RESULTED FROM DAMAGE TO CERTAIN FUEL TANKS WHICH LIE UNDERNEATH THAT PORTION OF THE DEVELOPER EXCHANGE PROPERTY BENEATH THE AIR RIGHTS, EXCEPT WHERE SUCH CLAIM, DAMAGE OR EXPENSE IS CAUSED IN WHOLE OR PART BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY INDEMNIFIED HEREUNDER . 2. Rights Upon Default . Upon a party’s failure to timely perform its obligations and covenants under this Declaration, the non-defaulting party shall be entitled to pursue any rights and remedies set forth in this Declaration, including, without limitation, any rights and remedies that may otherwise be available to such non-defaulting party under law or equity. 3. Run With the Land . All of the rights, covenants and obligations contained in this Declaration shall (a) run with the Developer Exchange Property and the Air Rights, (b) be binding upon Developer, the City, their respective successors and assigns and all other persons which may become owners of the Air Rights and the Developer Exchange Property, respectively, or any portions thereof, whether by operation of law or in any manner whatsoever, and (c) inure to the benefit of the City, its successors and assigns and all other persons 1 4114112v.2 which may become owners of the Developer Exchange Property (or any portion thereof), whether by operation of law or in any manner whatsoever. 4. Liability Upon Transfer . Each owner of the Air Rights (or portion thereof) shall be personally liable for the performance of Developer’s indemnity obligation set forth in Section 1 above, but only for matters occurring during such owner’s ownership of the Air Rights (or portion thereof). 5. Termination and Amendment . This Declaration may be canceled, changed, modified or amended in whole or in part only by a written instrument executed by Developer and acknowledged and agreed to by the City, which instrument shall be effective only upon recordation in the Real Property Records of Dallas County, Texas. 6. Duration . The term of this Declaration shall begin on the date this Declaration is recorded in the December 31, 2099, after Real Property Records of Dallas County, Texas and shall continue thereafter until which this Declaration shall be automatically extended for successive periods of ten (10) years each, unless otherwise terminated in accordance with Section 5 above] . 7. Notices . All notices, demands and requests required or permitted to be given under this Declaration must be in writing and shall be given or made or communicated by personal delivery, courier service, by United States mail, registered or certified mail, return receipt requested, by facsimile, telegram or telex, provided a receipt of such facsimile, telegram or telex is verified by the sender and followed by notice sent in accordance with one of the other types of notices set forth above. All notices shall be deemed to have been given as of the date such notice is (a) delivered to the party intended, (b) delivered to the then current address of the party intended, or (c) rejected at the then current address of the party intended, provided such notice was sent prepaid. Upon at least fifteen (15) days prior written notice, the City and Developer shall have the right to change its respective address to any other address, provided notice is delivered to the other in accordance with the procedures set forth above. The initial addresses of the City and Developer shall be as follows: The City: The City of University Park 3800 University Blvd. University Park, Texas 75205 Fax No.: (214) 987-5399 Phone No.: (214) 363-1644 Attn: Bob Livingston, City Manager and Gene “Bud” R. Smallwood, Director of Public Works With a copy to: Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza Dallas, Texas 75201 Fax No.: (214) 965-0010 Phone No.: (214) 965-9900 Attn: Robert L. Dillard, III Email: rdillard@njdhs.com 2 4114112v.2 If to Developer: MC Townhomes I LP c/o Prescott Realty Group, Inc. 6060 N. Central Expressway, Suite 642 Dallas, Texas 75206 Fax No.: (214) 750-0031 Phone No.: (214) 750-0009 Attn: Vance E. Detwiler Email: vdetwiler@prescottrealtygroup.com With a copy to: Jackson Walker L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 Fax No.: (214) 661-6605 Phone No.: (214) 953-5934 Attn: Bryan C. Birkeland Email: bbirkeland@jw.com 8. Interpretation . This Declaration shall be construed and governed under the laws of the State of Texas. The parties hereto acknowledge and agree that the (a) negotiations and execution of this Declaration have occurred in Dallas County, Texas, (b) obligations of the parties hereto are performable in Dallas County, Texas, and (c) exclusive venue for any legal action arising out of this Declaration shall be in Dallas County, Texas. 9. Construction . The provisions of this Declaration shall be deemed independent and severable and the invalidity or partial invalidity of any provision or portion hereof shall not affect the validity or enforceability of any other provision. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular and the masculine, feminine, or neuter shall each include the masculine, feminine, and neuter. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit, or otherwise affect that which is set forth in any of the paragraphs, sections or articles hereof. 10. Entire Agreement . This Declaration contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements between the parties with respect thereto. 11. Not A Public Dedication; No Partnership or Third Party Beneficiary . No provision of this Declaration shall be deemed or construed to (a) be a grant, gift or dedication of the Air Rights or the Developer Exchange Property to the general public or for any public use or purpose whatsoever, (b) create a partnership or joint venture between the City and Developer, or (c) make the parties in any way responsible for the debts, losses or liabilities of the other, except as expressly provided in this Declaration. Except as expressly provided in this Declaration, no right, privileges or immunities of the City or the Developer shall inure to the benefit of any third party, nor shall any third party be deemed to be a beneficiary of any of the provisions contained herein. 12. Attorneys’ Fees. If any actions or legal proceedings are brought or commenced to enforce any of the terms of this Declaration against any party with an interest in the Developer Exchange Property, the Air Rights or portions thereof, the successful party in such action shall be entitled to receive from the other all 3 4114112v.2 costs incurred by the successful party in connection therewith, including, without limitation, attorneys’ fees, court costs and collection costs incurred by such successful party. 13. Consequential Damages. Notwithstanding any provision contained herein to the contrary, neither the City nor Developer shall bear any liability to the other for loss of production, loss of profits, loss of business or any other indirect or consequential damages, but neither party waives any right to make any claim against the other party for any actual or direct damages alleged to have been caused by a breach of any of the provisions of this Declaration. 14. Notice of Conveyance. Upon the conveyance by the City of the Developer Exchange Property (or portion thereof) or the conveyance by Developer of the Air Rights (or portion thereof), the conveying party shall deliver prior written notice to the other, which notice shall (a) comply with Section 7 of this Declaration, (b) identify the property (or portion thereof) to be conveyed, and (c) include the name and address of such transferee. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 4 4114112v.2 EXECUTED effective as of the date first written above. DEVELOPER: MC Townhomes I, LP, a Delaware limited partnership By: Prescott MC Townhomes I General Partner LP, its Managing General Partner By: Prescott MC Townhomes I GP LLC, its General Partner By: Judson Pankey, Manager THE STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on this _____ day of ______________, 20__ by Judson Pankey, Manager of Prescott MC Townhomes I GP LLC, a limited liability corporation, on behalf of such corporation. Notary Public, State of Texas: ______________________ Commission Expires: _____________________________ AFTER RECORDING RETURN TO: Jackson Walker L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 Attn: Bryan C. Birkeland 5 4114112v.2 ACKNOWLEDGED AND AGREED effective as of the date first written above. THE CITY: The City of University Park, a municipal corporation organized under the laws of the State of Texas By: Name: Title: THE STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on this _____ day of , , by , of The City of University Park, a municipal corporation organized under the laws of the State of Texas, on behalf of such municipal corporation. Notary Public, State of Texas: ______________________ Commission Expires: _____________________________ 6 4114112v.2 EXHIBIT A (The Developer Exchange Property to be Attached) 7 4114112v.2 EXHIBIT B (The Air Rights to be Attached) 8 4114112v.2 ~ ,. f q ~. 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II II.-....;.U. :l",' ii II I I .J _..-! ~~ , it ovmAU SlIT CT ,~ ,..-..... ---- ~-_.- ~-~"- maD merriman associates EXHIBIT D-2 ! eJ CaPCUNf) krVfl, rnaD NORTH 'I 11" 80' merriman associates -n~l-W t~'.tfL EXHIBIT D-2 srcc,~c U:'iFt NORTH I 0' I .",~J t"7 .- (:. ",'-KH' ~ i l~H_ maD rnerrirnan associates AIR RIGHTS EXHIBIT 0-3 DEVElOPER DOES NOT ACQUIRE ISENBURG TRACT i ).' " ......~~ .'.''''' .~~ f r 1 II I' '"I to. I' . ~.'.'Io 11 ], ell . -> ~~~.. ~"-j -',L~_______ .- 11 0I/ilW.' ~11F NORTH ,'.. a f""__":.- :: 00' m~ merriman associates EXHlBlT D-3 1 j I 'I I ) ,-: I m~ (:;/~Cl;JNr) t F VEL NORTH I Il 3:! merriman associates EXH1BlT D-3 TH.tRO 1.E~.iEt NORTH I SECC,'\tl') (f"If"L IT t<:;' -.# L'):,'.,U'N ~ I: "tt:; ,....-.... m~ merriman associates 15~ ill .~. i~j ~iJ da liJ ii~ ill -- II ai : .fl' ~ia~ ~!aE '~I~ ii' ! _____1 ~ i I i~~~ nCil"r!l!'!j ~I~i ~ l!l ~ ~)> ~ xh ~~i')~~ il !!! ~~rn~8 2~ i' !;: 1!:! '" ~ Q en:= tI:l~ oiii ~~ ~.:< 51;J 1<1-, >~ ~~ '" . 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Mj! 91 ...._. !~I!I !~ ~:.L~~.- jtf I" in i i~h l s WORCOLA AVE . ..- TOo'lJllaM"otWUS vot.~I"N:iE7J t;tJM;'MUI'A'lt'JWI:!'I't ~~- ii .!~~ ~i ~~t5 ~l . '=! II ! Ie N 00'1\'31'( 175.0~' I I /, I ;~~f 11li =I, iz !il, o I", ~ !ii! I~ Ii ~ ~~ ~ T ~;u ~ i ii~ < i >- ~ r I I i ! I I I , . I i ........'!IT ~. ---- EXHIBIT H BUILDING ELEVATIONS EXISTING BUlLDING II ~ ~. " l~lr _11"'_ - =j ~ ~,~ . T" . . .-. o ~, . !J . 20' ENLARGED WOP-COLA. $1 ELE'l/IT10N . -, J 40' ','VORCOLA ST, !:l~VATION C I T Y 0 F U-.bLLY...E.R SIT Y P AB.J{ - ~ E E_K_c....E.NI-E..R E X P A N.li-Qt:-l-. ma--~ ;..".. .... -;. AGENDA MEMO (12/13/05 AGENDA) DATE: December 5, 2005 TO: Bob Livingston City Manager FROM: Jennifer Shell, P.E. Civil Engineer SUBJECT: Utility Improvements for Turtle Creek Blvd and Baltimore Dr, Project No. 48500 Main Miscellaneous CONSIDER APPROVAL OF BID AND AWARD OF A CONTRACT TO SYB CONSTRUCTION COMPANY for the labor and materials furnished for the Utility Improvements for Turtle Creek Blvd and Baltimore Dr, Project No. 48500. The locations to be included in this project are listed below: Turtle Creek Blvd from Lovers Lane to Vassar Rd Baltimore Dr from Lovers Lane to Turtle Creek Blvd. The budgeted account number is 42-42-4420, Project No. 48500-2300. UTILITY IMPROVEMENTS FOR TURTLE CREEK BLVD AND BALTIMORE DR, PROJECT NO. 48500 SYB Construction......................................................................$ 1,396,602.00 North Texas Contracting...........................................................$ 1,852,805.00 Bids were taken in the Conference Room at 4420 Worcola, Dallas, Texas 75206 at 1:00 P.M., November 30, 2005. Background . At the September 15, 2005 City Council Meeting, the Council approved staff to proceed with a project for the emergency construction of sanitary sewer based on the following information. During construction of a new home on Turtle Creek Blvd (TCB), just south of Lovers Lane, the contractor drilled through the City's sanitary sewer main (along the rear of the property) six times. The sewer main serves residences along the west side of TCB and along the east side of Baltimore. The Utilities Division staff repaired the damaged sewer main and returned the sewer main to service. The sewer main was found to be located on private property, instead of within the City’s easement behind the existing homes. As a result of the damage to the sewer main, the entire main was televised and found to be in deteriorated condition. Due to the location of the sewer main, there is restricted access for equipment (unless a house is under construction). Staff has anticipated replacing this sewer main in the future; however, the need to proceed was not expected so soon. The events described above have brought about the need to replace the sewer main with two new sewer mains (one located in TCB and one located in Baltimore). Bid Tabs.pdf AGENDA MEMO (12-13-05 AGENDA) DATE: December 7, 2005 TO: Bob Livingston City Manager FROM: Jennifer Shell, P.E. City Engineer SUBJECT: Consider Change Order No. 3 for the Turtle Creek Box Culvert for City Hall Expansion, Project 43710 The City Council approved a contract in the amount of Background. $3,242,610.90 on June 7, 2005, to Jeske Construction to construct the Turtle Creek Box Culvert for City Hall Expansion. A Change Order was approved on September 20, 2005, for silt removal in Williams Park Pond. This Change Order was approved for $110,400.00 for an estimated 6,000 cubic yards of silt removal. The estimated amount of silt removal was based on previous project removals and the amount of time which had passed since the previous silt removal project (only 10 years). An exact field measurement could not be made because of the conditions within the creek during the box culvert construction. Once the creek was drained for the construction, the silt in the bottom of the creek acted like quicksand when it was walked on. The actual amount of silt removal was 9,336 cubic yards. This increased the cost for silt removal by $61,382.40. The original contract sum $ 3,242,610.90 The amount of previously authorized change orders $ 119,657.00 The amount requested for this change order $61,382.40 The net contract sum including this change order $ 3,423,650.30 The contract time will not be increased Revised contract amount in percent of original contract 105.58% Staff recommends City Council approval of Change Order Recommendation. #3 to the contract with Jeske Construction in the amount of $61,382.40 . 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AM 43710_CO3 12 13 05.doc 3:44 PM 12/07/05 AGENDA MEMO (12-13-05 AGENDA) DATE: December 5, 2005 TO: Bob Livingston City Manager FROM: Jennifer Shell, P.E. City Engineer SUBJECT: Consider Change Order No. 1 for Curb and Gutter Concrete Repairs at Various Locations, Project 42991 The City Council approved a contract in the amount of Background. $1,739,127.00 on October 22, 2003, to Ken-Do Contractors for curb and gutter concrete repairs at various locations. The Public Works Director has received numerous complaints for additional locations to have their curb and gutter replaced. The following locations are proposed to be included with Change Order No.1: 4100 block of Normandy, from Douglas to Preston 4100 block of Shenandoah, from Douglas to Preston 3900-4000 blocks of Shannon, from St Andrews to Shannon 3600 block of Stanford, from Turtle Creek to Thackery 4300-4400 blocks of Amherst, from Loma Alto to Douglas 4200-4400 blocks of Southwestern, from Loma Alto to Westchester 3300 block of Westminster, from Hillcrest to Athens The field estimates for the above locations bring the total contract amount to $2,110,142.82, an increase of 21% to the original contract. Staff recommends City Council approval of Change Order Recommendation. #1 to the contract with Ken-Do Contractors in the amount of $ 451,662.97 . 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO CO#1.doc 3:41 PM 12/07/05 AGENDA MEMO (12/13/2005 AGENDA) DATE: December 13, 2005 TO: Honorable Mayor and City Council FROM: Harry Persaud, MRTPI, AICP, Community Development Manager SUBJECT: Consideration of an Ordinance amending Chapter 3, Article 3.1600 “House Numbering”, Section 3.1603 “Method of Numbering” to provide for assignment of street addresses for residential buildings. Background/Analysis The proposed ordinance provides a framework for assigning street addresses to residential buildings as follows: A residential building that is constructed on a platted lot or tract shall have an official street address determined by the Community Development Manager in accordance with one of the following requirements: (i) The street number shall correspond to the numbers assigned to the street located in the “front of the building”. The street in the front of the building, for the purpose of this subsection, shall be the portion of the street adjacent to and abutting the required front yard setback of the building as required by the zoning regulations of the City of University Park; or, (ii) The street number shall be assigned to the building on the street on which the U. S. mail receptacle and main entrance of the building are located.” Recommendation Staff recommends approval Attachments: (1) Ordinance. ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, ARTICLE 3.1600 “HOUSE NUMBERING”, SECTION 3.1603 “METHOD OF NUMBERING” TO PROVIDE FOR ASSIGNMENT OF STREET ADDRESSES FOR RESIDENTIAL BUILDINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3, Article 3.1600 “House Numbering”, Section 3.1603 “method of Numbering”, of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding subsection (d) to read as follows: ARTICLE 3.1600 HOUSE NUMBERING “ … Sec. 3.1603 Method of Numbering … (d) A residential building that is constructed on a platted lot or tract shall have an official street address determined by the Community Development Manager in accordance with one of the following requirements: (i) The street number shall correspond to the numbers assigned to the street located in the “front of the building”. The street in the front of the building, for the purpose of this subsection, shall be the portion of the street adjacent to and abutting the required front yard setback of the building as required by the zoning regulations of the City of University Park; or, (ii) The street number shall be assigned to the building on the street on which the U. S. mail receptacle and main entrance of the building are located.” 79729 SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Code of Ordinances, as amended hereby, are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. Any person, firm, or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, shall be fined in an amount not to exceed the sum of five hundred dollars ($500.00) for each offense, and each day such offense continues 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 th the 13 day of December 2005. 79729 APPROVED: __________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ___________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY (RLD/11/18-05) (79729) 79729 ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, ARTICLE 3.1600 “HOUSE NUMBERING”, SECTION 3.1603 “METHOD OF NUMBERING” TO PROVIDE FOR ASSIGNMENT OF STREET ADDRESSES FOR RESIDENTIAL BUILDINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Duly Passed by the City Council of the City of University Park, Texas, on the th 13 day of December 2005. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ________________________________ NINA WILSON, CITY SECRETARY 79729 AGENDA MEMO (12/13/2005 AGENDA) DATE: December 6, 2005 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Amendment Chapter 2 Code of Ordinances, Section 2.606 Dogs on School Property Background/Analysis Concerned parents and officials have requested that the City’s current ordinance prohibiting dogs from the school grounds and properties of the Highland Park Independent School District be amended to include adjacent sidewalks of schools and school property while school is in session, and without the express consent of school officials. Recommendation Staff recommends the passage of this amendment for the safety of school children. Attachments: Ordinance as submitted by Rob Dillard, City Attorney 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO-Animal Control Dogs on School Grounds.doc 9:27 AM 12/07/05 Sec. 2.606 Dogs on or adjacent to School Property A person commits an offense if that person permits a dog to be on any school yard or on any sidewalk adjacent to a school or other property of the Highland Park Independent School District while school is in session and without the express permission of school officials. ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 2, SECTION 2.606 “DOGS ON SCHOOL PROPERTY” TO PROHIBIT DOGS ON SCHOOL PROPERTY OR ON SIDEWALKS OR PARKWAYS ADJACENT TO SCHOOL PROPERTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 2, Section 2.606, of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: “Sec. 2.606 Dogs on School or Adjacent Property A person commits an offense if, without the express permission of an authorized school official, he or she allows, suffers, permits a dog under his or her ownership, custody, or control to go on or be on any school grounds or other property of the Highland Park Independent School District at any time, or to go on or be on any sidewalk, parkway or public property abutting such property while school is in session.” SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Code of Ordinances, as amended hereby, are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. Any person, firm, or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, shall be fined in an amount not to exceed the sum of five hundred dollars ($500.00) for each 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 th the 13 day of December 2005. APPROVED: __________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ___________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY (RLD/12/07-05) (80196) ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 2, SECTION 2.606 “DOGS ON SCHOOL PROPERTY” TO PROHIBIT DOGS ON SCHOOL PROPERTY OR ON SIDEWALKS OR PARKWAYS ADJACENT TO SCHOOL PROPERTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Duly Passed by the City Council of the City of University Park, Texas, on the th 13 day of December 2005. APPROVED: ________________________________ JAMES H. HOLMES III, MAYOR ATTEST: ________________________________ NINA WILSON, CITY SECRETARY AGENDA MEMO (12/13/2005 AGENDA) DATE: December 5, 2005 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Public Facility Naming – Policy, Procedures and Application Form BACKGROUND: On August 23, 2005, City Council approved the establishment of the Public Facility Naming Committee to support the review and recommendation of potential individuals, groups or events worthy of public facility naming. The Committee’s first goal was to develop a policy and procedure guideline and application form to aid in the evaluation of potential applicants. On November 16, 2005, the Public Facility Naming Committee finalized the policy and application form for public facility naming. The Committee has requested staff to review this item with City Council for approval. RECOMMENDATION: Staff is requesting that City Council approve the attached policy and procedures guideline and application form for public facility naming. Once approved, staff will place the policy and procedure document and the application form on our website for potential nominations. ATTACHMENTS: Policy and Procedure Guidelines for Public Facility Naming Application Form for Public Facility Naming 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Policy and Procedures for Naming University Park Public Facilities PURPOSE The purpose of this policy is to provide a uniform procedure for the City of University Park in evaluating applications for public facility naming. I. CRITERIA FOR NAMING PUBLIC FACILITES A. Facilities to be shall include Named : 1) Park(s) - City-owned facilities utilized as a park or open space. Park sites include developed and undeveloped park areas and designated open space. 2) Park Amenities – Park amenities are identified as having significance worthy of naming. Examples of Park features identified as potential naming sites include fountains, pools and playgrounds. 3) Public Streets – Includes those streets that are currently unnamed based on land acquisition or new development. B. Categories for Facility Naming: 1) Individuals, families or groups a) Individuals, families or groups which contributed significant financial support for the acquisition and / or development of a public facility. b) Individuals, families or groups which have been recognized as a community leader(s) which have significantly contributed to the benefit of the community through public service. 2) Geographical Features Geographical Features which may be descriptive of the location or significant natural features (stream, land formation, trees) near a park, street or other facility under naming consideration. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Public Facility Naming – Policy and Procedures - 12-13-05 3) Events or Local Culture a) Recognize a significant event or to honor national, state or local heroes. Example: Veterans Park, Presidents Park b) Recognize historical events or symbols of significance within our community. Example: Old Trolley Park, Children’s Park II. PROCEDURE FOR NAMING FACILITIES – APPLICATION PROCESS 1) Public Facility Naming application forms can be found on the City of University Park website located under the Parks and Recreation heading “Public Facility Naming”. Application forms can also be obtained at the City Secretary’s office at UP City Hall. 2) Nominator shall complete the application form and attach any additional supporting information and send a copy to the Director of Parks and Recreation. 3) The Director of Parks and Recreation shall compile all applications for City Council review. 4) The City Council shall evaluate the application and take action. The City Council’s selection is final. 5) Staff will prepare a proclamation dedicating the facility by name for City Council approval. 6) Based on the size of the facility to be named, City Council will approve the recognition of the site with a plaque or appropriate signage. 7) Nominators whose request has been denied by City Council will receive a letter of appreciation. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Public Facility Naming – Policy and Procedures - 12-13-05 City of * Ij c:.v University Park Qualifications for Facility Naming: ()) Q: 0 0 (') C -r Z '" <: Individuals, families or groups whose ~ m Public Facility Naming -< :IJ names are submitted for consideration z C/l OJ =i Appl ication Form in the naming of a public facility must OJ -< S OJ 'D 0 meet established criteria for evaluation. City of I c -c r University Park 9_ m Nominator: n < '< )> To obtain a copy of the Public Facility Q) :IJ Committed To Excellence :::J Cl Naming policies and procedures, please 0.. Address: "1J a visit City's website at www.uptexas.org n ro or pick up a copy at the City Secretary's Public g rCity: ro c (f> z office at the UP City Hall. Facility <: i\) m StatelZip: ~ :IJ Naming w C/l For more information, please contact 6 ~ (J'1 ""0 Phone: the Parks and Recreation Department Application )> :IJ at 214-987-5488. l' ..-, Email: m ~ * * C/l -..J Name to be considered: C11 I\) The Public Facility Naming 0 SEND APPLICATION TO: C11 Program is designed to afford City of University Park residents the opportunity to request the consideration of the Parks and'Recreation ..-, Property Location: Department m r names of individuals, families, m 3800 University Blvd. ""0 groups, historical events or I University Park, Texas 75205 0 z items from our local cultlJre as 214-987 - 5488 m ~ appropriate names for public WWN.uptexas.org ~ c:.v properties. CJ) ~ CJ) t ~ i' s:- r T' ;l: ~: :2 z 3 <C I ~ o .< 0; 0. -c o c-, '" 0- S IT> U> f') -" w 6 ell I - ". - ..- - - -- - - - - - -- - -..- .. --.. - - ~ City of : Public Facility Naming Application (page 2) , University Park ----- --.... r:-:- - - ------- - - I Name of individuals, families or groups: I I Name and location of facility to be named: - "" - - -.. .. - - -- - - ..-.. -- "" -- "Committed To Excellence" ~ PleaS; eXPI.~i~ wtri yoai nomi~e~d;~;'=-V~~~~ide~i.o;bytt; P~blic Facility, Na~i~g C~mmittee l{ I and the City Council. .. - -... - ~:' - - - -.... --- - --.. .. - .. - .. .. - - - -- . -.-.- - -....... - - ..... - -.. - - Ilf you need more space, please feel free to attach any other pertinent Infonnation. This Infonnation may include copies of photos and background "information. Please Note - Once the information is I submitted, it becomes the property of the City of University Park and can not be returned. - -- - .. -.. -.. .. .- - --.- -,. -- -- - - .. - -- - - .- - - - - - .. ..- - - "" - - .. - .. ..- MEETING MINUTES COMMITTEE TO NAME PUBLIC FACILITITES November 16, 2005 5:00 p.m. City Hall, Large Conference Room Attendees: Committee members: Council and Staff: Present Trevor Rees-Jones, Chair City Manager Bob Livingston Brad Bradley Park Director Gerry Bradley Bill Pardoe Diane Galloway Irwin Gordon Absent Kirk Dooley The Meeting was called to order by Chair Rees-Jones at 5:05 p.m. The following information was provided to each of the members: ? DRAFT A revised “Policy and Procedures for Naming of University Park Public Facilities”. ? DRAFT A revised “Public Facility Naming Application Form”. These items had been altered as the result of discussion and comments at the last meeting in October. The Committee reviewed each item and discussed it. At the conclusion of the review, it was determined that the revised documents reflected the direction the Committee had provided at its last meeting. They asked that the Policy and Application Form be forwarded to the City Council for review and approval. Once that is completed and the Council has adopted both items, staff was directed to make known to the public that copies of both are available. A timetable was discussed that would have the applications being received during the month of January. The committee would meet again in February and proceed with making recommendations regarding any applications received by the date of their meeting. There being no further business, the meeting was adjourned at 4:45 p.m. ATTACHMENTS DRAFT Revised “Policy and Procedures for Naming of University Park Public Facilities” DRAFT Revised “Public Facility Naming Application Form” AGENDA MEMO (12/13/2005 AGENDA) DATE: December 5, 2005 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: City Entrance Marker Program - Design Contract BACKGROUND: On October 4, 2005, staff presented City Council with the concept of a “City Entrance Marker Program” by proposing the installation of visual markers at University Park secondary street entrances. During the October 4, 2005 meeting, City Council instructed staff to contact Gary Olp with GGOA Architects for a design proposal. GGOA Architects is currently under contract with the City for design work associated with the Northwest Highway Wall Project. The intent of utilizing GGOA Architects is to design an entrance marker that provides design features consistent with previously approved architectural styles. RECOMMENDATION: Staff is requesting City Council to approve the design contract with Gary Olp with GGOA Architects in the amount of $7,750.00. Funding for the design portion of the project has been identified within the Parks Department’s operating budget. ATTACHMENTS: Architect Design Proposal - City Entrance Marker Program ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Entrance Marker Program – Design Proposal 11-13-05 16 November 2005 Proposal City of University Park Entrance Marker Program University Park Texas 1.0 Project Scope: 1.1 The objective is to produce design studies and associated documents for the development of Entrance Marker Graphic features at identified locations throughout the City 2.0 Schematic Design 2.1 GGOArchitects will prepare loose concept sketches for the proposed layout and appearance of the graphic features 2.2 GGOArchitects will refine the sketches into drawings as required to graphically represent the appearance and functional lay-out of the Entrance Marker Graphics for the City Council 2.3 GGOArchitects proposes that colored renderings or 3D graphics be prepared for presentation to City Council 2.3 GGOArcl1itects will present these designs for review and approval to the Client in the course of one, planned City Council presentation 8.0 Construction Documentation 3.1 GGOArchitects will prepare contract documents for the scope-of-work. planned and approved: GGOArchitects shall detail within the contract documents additive and deductive alternates: A. To evaluate the cost of higher quality materials B. To assure that the base bid scope-of-work is within budget C. To identify the cost of additional or desired design features that may be incorporated into the project, in the event that the base bid is lower than budgeted GGOArchitects will present completed documents for review and approval to the Owner before placing the project to bid GGOArchitects shall assist the Owner with the acquisition of qualified Construction Bid Pricing for the scheduled Scope-of-Work and the execution of the Contract for the construction of the project. 3.2 3.3 3.4 To For 718 North Buckner Boulevard Suite 316 Da:ias Texas 75218 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 4.1 4.1.1 4.1.2 4.1.3 4.1.4 4.1.5 5.1 5.2 6.1 6.2 A. Services to include: 1) Reproduction & Distribution of Bidding/Proposal Documents 2) Special BiddinglNegotiation Addenda 3) Analysis of Alternates/Substitutions 4) Pre-Bid Conference/Selection Interviews 5) BiddinglNegotiation 6) Bid/Proposal Evaluation 7) Contract Award Services 4.0 Compensation: ARCHITECTURE The delineated Professional Services shall be performed on a Stipulated Lump Sum Basis Seven Thousand Seven Hundred Fifty a 00/100 Dollars ( $ 7,750.00 ) Invoices for Professional Services shall be prepared and submitted monthly for all services rendered and reimbursable expenses incurred to date Invoices are due and payable: a. In Dallas County, Texas. b. Within 20 business days of date of invoice. c. Interest charges shall accrue at the per annum rate of 9.5 % if payment is not received within 10 business days of the invoice date. This fee proposal is based on the scope-of-work delineated herein Should the scope of work change the lump sum fee will be adjusted proportionally 5.0 Reimbursable Expenses: Charges for reimbursable expenses expended by the Architect, the Architect's employees and consultants in the interest of the project will be billed to the Client at 1.15 times the actual incurred cost of the expense and are not inclusive within the stipulated fee structure. Typical expenses are: Telecommunications, mileage, plotting services, printing, all reproductions, postage, courier and overnight services, art supplies, photographic film & processing, etc. 6.0 Additional Services: Changes to the Construction Documents requested after completion and final plot, shall be performed by the Architect only after receipt of written confirmation of the Architects estimated cost of the changes, and, payment in full for said changes is received. Additional services performed shall be billed on the basis of the following itemized billing rate schedule: Principal $ 2 0 0 . 0 0 Ihr Associate 1 0 0 . 00 Ihr Project Architect 87 . 5 O/hr CADlTech 35.00 Ihr 7.0 Misc. Provisions: 7.1 This proposal is predicated on all services being rendered within 24 months of the date of signing, or the fee will be adjusted, if necessary, to accommodate any increased costs due the A/E. 7.2 The Owner shall have the right to abandon the project or any portion therein at any time, and in such event the Architect shall be paid the full amount for services rendered through to the date of termination, plus all reimbursable costs incurred in connection with the Project. 7.3 GGOArchitects is providing professional services based on our expertise and shall be so identified where appropriate. The Architect retains the right to identify the project, without compromising the Owners' interests, for promotional/marketing purposes. 8.0 Schedule: 8.4 This schedule is contingent upon a normal and reasonable amount of time for the Client to render decisions and approvals that allow the Architect to complete the work expeditiously. City of University Park Entrance Marker Program Page 2 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 a Upon completion of the contract the Architect will develop and present a structured calendar schedule to the Client. GGOArchitects "') ( .,,' -; (~ ClL(=> Gary CLnf!! Dip, I\IA, NCARB , Principal 11.1~.op Date: CITY OF UNIVERSITY PARK Mr. Gerry Bradley Director of Parks Date: City of University Park Entrance Marker Program Page 3 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 AGENDA MEMO (12/13/2005 AGENDA) DATE: December 8, 2005 TO: Honorable Mayor and City Council City Manager FROM: Kent Austin, Director of Finance SUBJECT: Budget amendment ITEM: The December 13, 2005, City Council agenda includes an ordinance that would amend the FY2006 budget for two reasons: 1) to carry forward $857,507.25 encumbered at the end of FY2005, and 2) to approve specific funding requests not included in the adopted FY2006 budget. Encumbrances Approval of the encumbrances (purchase orders) makes the funds available for expenditure in the current fiscal year, FY2006. The specific amounts per department and line-item account are provided in Exhibit “A” to the attached ordinance. Overall, the totals by fund are: ?General Fund $618,661.47 ?Utility Fund $235,845.78 ?Sanitation Fund $ 3,000.00 By comparison, total encumbrances for last year amounted to $545,293.97, and for FY2004 they totaled $1,104,513. Without this amendment, the City could not expend these funds without exceeding the adopted budget. Specific items Also included in the amendment ordinance is $66,900 for specific items in the Fire, Police, and Executive Departments (Exhibit “B”). A donation to the City of $1,300 for one of these items offsets part of this increased spending request. Impact on budget While the adopted FY2006 budget has a $41,914 surplus, the proposed amendment would cause expenditures to exceed revenues by $881,193. This is typical of budget amendments C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Amendment 1 Budget FY06 memo 12132005 (2).doc 10:07 AM 12/08/05 and can be accommodated by the positive fund balances in each budgeted fund. At the end of FY2005, fund balances in the budgeted funds were as follows: General Fund, $7,088,375; Utility Fund, $4,486,195; Sanitation Fund, $540,091. RECOMMENDATION: The encumbrance carryforward is presented to the Council each year as a routine item, as is the part of the amendment regarding specific requests. City staff recommends approval of the attached ordinance. ATTACHMENTS: ?Table displaying budget amendment impact ?Ordinance with Exhibits C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Amendment 1 Budget FY06 memo 12132005 (2).doc 10:07 AM 12/08/05 CITY OF UNIVERSITY PARK, TEXAS FY 2006 BUDGET WITH AMENDMENTS SUMMARY BY FUND AND DEPARTMENT 12/13/2005 FY06AMENDMENTAMENDMENTFY06 ADOPTED NO. 1 - OTHER AMENDED NO. 1 - ENC. BUDGET12/13/200512/13/2005BUDGET GENERAL FUND 01-11 REVENUES 22,172,114 - 1,300 22,173,414 TOTAL GENERAL FUND REVENUES$22,172,114 - 1,300 $ 22,173,414 EXPENDITURES 01-02 EXECUTIVE 786,315 144,903 30,000 961,218 01-03 FINANCE 998,131 191 - 998,322 01-04 HUMAN RESOURCES 334,340 256 - 334,596 01-05 INFORMATION SERVICES 705,241 130,291 - 835,532 01-10 COURT 275,536 - - 275,536 01-19 BUILDING 659,492 16,000 675,492 01-20 ENGINEERING 842,530 3,086 845,616 01-25 TRAFFIC 797,368 63,076 860,444 01-35 FACILITY MAINTENANCE 638,929 40,973 679,902 01-40 FIRE 4,041,469 13,313 26,000 4,080,782 01-50 POLICE 5,057,785 59,285 10,900 5,127,970 01-70 PARKS 2,254,602 12,481 2,267,083 01-75 SWIMMING POOL 164,968 - 164,968 01-80 STREETS 1,726,473 134,808 1,861,281 01-85 TRANSFERS 2,866,962 - - 2,866,962 TOTAL GENERAL FUND EXPENDS.$22,150,141 $618,661 $66,900 22,835,702 DIFFERENCE$21,973 ($618,661)($65,600)($662,288) UTILITY FUND 02-11 REVENUES 10,012,388 - - - TOTAL UTILITY FUND REVENUES$10,012,388 $0 $0 $0 EXPENDITURES 02-21 UTILITY OFFICE 5,155,859 - - 5,155,859 02-22 UTILITIES 2,836,704 235,846 - 3,072,550 02-85 TRANSFERS 2,009,116 - - 2,009,116 TOTAL UTILITY FUND EXPENDS.$10,001,679 $235,846 $0 10,237,525 DIFFERENCE$10,709 ($235,846)$0 $0 SANITATION FUND 04-11 REVENUES 2,658,540 - - 2,658,540 TOTAL SANITATION FUND REVENUES$2,658,540$0$0 2,658,540 EXPENDITURES 04-60 SANITATION 2,649,308 3,000 - 2,652,308 TOTAL SANITATION FUND EXPENDS.$2,649,308$3,000$0 2,652,308 DIFFERENCE$9,232($3,000)$0 6,232 TOTAL REVENUES$34,843,042 $0 $1,300 $34,844,342 TOTAL EXPENDITURES$34,801,128 $857,507 $66,900 $35,725,535 DIFFERENCE$41,914 ($857,507)($65,600)($881,193) C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Amendment 1 Budget FY06 memo 12132005 (2).doc 10:07 AM 12/08/05 ORDINANCE NO. 05/____ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2005-2006 FISCAL YEAR BUDGET, ORDINANCE NO. 05/31, TO CARRY FORWARD ENCUMBRANCES FROM THE 2004-2005 FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $618,661.47, UTILITY FUND ENCUMBRANCES OF $235,845.78, AND SANITATION FUND ENCUMBRANCES OF $3,000.00; TO APPROPRIATE $65,600 FROM THE GENERAL FUND UNRESERVED FUND BALANCE BY INCREASING EXPENDITURES $66,900 AND INCREASING REVENUES $1,300; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 05/31 to carry forward encumbrances of funds from the 2004-2005 fiscal year budget and transfer funds from unreserved fund balance of the General Fund into specific accounts; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 05/31, the 2005-2006 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to carry forward to the 2005-2006 fiscal year encumbrances authorized in the 2004-2005 budget, but not expended during such fiscal year. That a complete listing of such encumbrances, as they existed as of the beginning of the current fiscal year, is attached hereto as Exhibit “A” and made a part hereof for all purposes. That all of such encumbrances, totaling $618,661.47 of general fund encumbrances, $235,845.78 of utility fund encumbrances, and $3,000.00 of sanitation fund encumbrances, be, and the same are hereby, approved and carried forward into and made a part of the 2005-2006 fiscal year budget of the City. SECTION 2. That Ordinance No. 05/31, the 2005-2006 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to appropriate unreserved fund balances of $65,600 from the general fund to the specific accounts listed on Exhibit “B” C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2006 budget 1 12-13- 2005.doc 10:14 AM 12/08/05 attached hereto and made part hereof for all purposes, and such expenditures are herby authorized and made a part of the 2005-06 fiscal year budget of the City. SECTION 3. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 13th day of December, 2005. APPROVED: ____________________________________ JAMES H. HOLMES, III, MAYOR ATTEST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: ________________________________ CITY ATTORNEY C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2006 budget 1 12-13- 2005.doc 10:14 AM 12/08/05 EXHIBIT "A" - PAGE 1 OF 2 CITY OF UNIVERSITY PARK, TEXAS FY2006 BUDGET AMENDMENT 12/13/2005 FY2005 ACCOUNTENCUMBR. NUMBERACCOUNT DESCRIPTIONCARRY FWD.VENDOR GENERAL FUND EXECUTIVE DEPARTMENT 01-02-3060PROFESSIONAL SERVICES41,141.50TOWNSCAPE, INC 01-02-3060PROFESSIONAL SERVICES100,000.00CITY OF COPPELL 01-02-7202MICRO COMPUTER SOFTWARE484.12DELL 01-02-7202MICRO COMPUTER SOFTWARE191.31DELL 01-02-9201MICRO COMPUTER EQUIPMENT3,085.59DELL TOTAL EXECUTIVE DEPARTMENT144,902.52 FINANCE DEPARTMENT 01-03-7202MICRO COMPUTER SOFTWARE191.31DELL TOTAL FINANCE DEPARTMENT191.31 HUMAN RESOURCES 01-04-9201MICRO COMPUTER EQUIPMENT256.00M & A TECHNOLOGY, INC. TOTAL HUMAN RESOURCES DEPARTMENT256.00 INFORMATION SERVICES DEPT. 01-05-3060PROFESSIONAL SERVICES9,725.00SALIANT LLP PROFESSIONAL SERVICES900.00IMAGEWARE 01-05-3060 01-05-3060PROFESSIONAL SERVICES15,000.00IMAGINUITY PROFESSIONAL SERVICES5,000.00TRINITY TECHNICAL SOLUTIONS 01-05-3060 01-05-3060PROFESSIONAL SERVICES18,720.00INTEGRATED TELEPHONE SERVICE18,000.00SBC E-SERVICE 01-05-4120 01-05-7202MICRO COMPUTER SOFTWARE6,946.00SALIANT LLP MICRO COMPUTER SOFTWARE15,000.00HTE, INC 01-05-7202 01-05-7240TUITION & TRAINING3,000.00HTE, INC TUITION & TRAINING8,000.00COMPUTER ADVANTAGE 01-05-7240 01-05-9201MICRO COMPUTER EQUIPMENT4,000.00HTE, INC MID RANGE COMPUTER PROGRAMMING16,000.00HTE, INC 01-05-9202 01-05-9202MID RANGE COMPUTER PROGRAMMING10,000.00NEW WORLD TOTAL INFORMATION SVCS. DEPT. 130,291.00 BUILDING DEPARTMENT 01-19-3060PROFESSIONAL SERVICES3,000.00DUNCAN & ASSOCIATES 01-19-3060PROFESSIONAL SERVICES10,000.00ACCOUNTTEM 01-19-9201MICRO COMPUTER EQUIPMENT3,000.00DELL TOTAL BUILDING DEPARTMENT 16,000.00 ENGINEERING DEPARTMENT MICRO COMPUTER EQUIPMENT3,085.59DELL 01-20-9201 TOTAL ENGINEERING DEPARTMENT 3,085.59 TRAFFIC DEPARTMENT SUPPLIES & MATERIALS4,800.00BLAKO, INC 01-25-2350 01-25-2350SUPPLIES & MATERIALS3,000.00CHROMATEK, INC. SUPPLIES & MATERIALS22,000.00CONSOLIDATED TRAFFIC CONTROLS 01-25-2350 01-25-3060PROFESSIONAL SERVICES21,359.72C & P ENGINEERING LTD SIGNAL MAINTENANCE & REPAIR11,916.00CONSOLIDATED TRAFFIC CONTROLS 01-25-6350 TOTAL TRAFFIC DEPARTMENT 63,075.72 FACILITY MAINTENANCE DEPT. CONTRACT MAINTENANCE367.50THYSSENKRUP ELEVATOR 01-35-3115 01-35-3115CONTRACT MAINTENANCE367.50THYSSENKRUP ELEVATOR CONTRACT MAINTENANCE2,463.00SIMPLEX GRINNILL 01-35-3115 01-35-3115CONTRACT MAINTENANCE2,023.50JOHNSON CONTROLS FACILITY MAINTENANCE & REPAIR1,050.00SUBURBAN HEATING & A/C CO. 01-35-6250 01-35-9950REMODELING PROJECTS34,701.00GALLAGHER CONSTRUCTION CO. TOTAL FACILITY MAINT. DEPT. 40,972.50 FIRE DEPARTMENT 01-40-2029CLOTHING ALLOWANCE1,752.57C & G WHOLESALE 01-40-2060PROTECTIVE CLOTHING & SUPPLIES1,687.00NAFECO 01-40-3060PROFESSIONAL SERVICES6,650.00STANDARD & ASSOCIATES, INC. C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2006 budget 1 12-13- 2005.doc 10:14 AM 12/08/05 EXHIBIT "A" - PAGE 2 OF 2 CITY OF UNIVERSITY PARK, TEXAS FY2006 BUDGET AMENDMENT 12/13/2005 FY2005 ACCOUNTENCUMBR. NUMBERACCOUNT DESCRIPTIONCARRY FWD.VENDOR 01-40-3115CONTRACT MAINTENANCE1,017.00CONSOLIDATED FLEET 01-40-4120TELEPHONE SERVICE2,206.84VERIZON WIRELESS TOTAL FIRE DEPARTMENT 13,313.41 POLICE DEPARTMENT 01-50-3060PROFESSIONAL SERVICES1,000.00HTE, INC 01-50-3075DIRECT ALARM MONITORING5,607.02SONNTAG, INC 01-50-3291GUNS/EQUIPMENT11,600.00GT DISTRIBUTORS 01-50-4120TELEPHONE SERVICE4,785.78VERIZON WIRELESS 01-50-7202COMPUTER SOFTWARE17,600.00HTE, INC 01-50-7240TUITION & TRAINING3,500.00HTE, INC 01-50-9201MICRO COMPUTER EQUIPMENT15,192.00HTE, INC TOTAL POLICE DEPARTMENT 59,284.80 PARKS DEPARTMENT 01-70-2381FERTILIZER, CHEMICALS & SUPPLIES1,061.00B & G CHEMICALS 01-70-3115CONTRACT MAINTENANCE2,002.64UNITED SITE SERVICES 01-70-7260EQUIPMENT RENTAL294.00AA RENTAL 01-70-9900PARK IMPROVEMENTS9,123.36SIGNS MANUFACTURING & MAINTENANCE TOTAL PARKS DEPARTMENT 12,481.00 STREETS 01-80-6370STREET REPAIR MATERIALS17,357.50TXI OPERATIONS 01-80-6370STREET REPAIR MATERIALS18,250.00AUSTIN ASPHALT CO. 01-80-6370STREET REPAIR MATERIALS17,500.00BIG CITY CRUSHED CONCRETE 01-80-7221OTHER EXPENSE47,500.00CITY RESPONSIBILITY-REIMBURSE 01-80-9960BUILDING IMPROVEMENTS34,200.12RAK SYSTEMS, INC. TOTAL STREETS 134,807.62 TOTAL GENERAL FUND ENCUMBRANCES 618,661.47 UTILITY FUND ENCUMBRANCES UTILITIES DEPARTMENT 02-22-3060PROFESSIONAL SERVICES18,000.00GEOSPAN 02-22-3060PROFESSIONAL SERVICES514.13SMARTDM 02-22-3060PROFESSIONAL SERVICES55,000.00RAYMOND L. GOODSON, JR 02-22-3060PROFESSIONAL SERVICES21,480.00GSWW, INC 02-22-6355UTILITY MAIN MAINTENANCE500.00AA RENTAL 02-22-7202MICRO COMPUTER SOFTWARE7,672.08CARTEGRAPH SYSTEMS 02-22-7240TUITION & TRAINING1,440.00DATAMATIC 02-22-7260EQUIPMENT RENTAL1,324.00DARR RENTAL 02-22-9205CAMERA EQUIPMENT45,000.00CUES, INC 02-22-9720HEAVY DUTY TRUCKS49,500.00SANTEX TRUCK CENTER 02-22-9720HEAVY DUTY TRUCKS35,415.57VERMEER TOTAL UTILITIES DEPARTMENT 235,845.78 TOTAL UTILITY FUND ENCUMBRANCES 235,845.78 SANITATION DEPARTMENT 04-60-2029CLOTHING ALLOWANCE3,000.00CEN-TEX UNIFORMS TOTAL SANITATION DEPARTMENT 3,000.00 TOTAL SANITATION FUND ENCUMBRANCES 3,000.00 TOTAL ALL FUNDS ENCUMBRANCES857,507.25 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2006 budget 1 12-13- 2005.doc 10:14 AM 12/08/05 EXHIBIT "B" CITY OF UNIVERSITY PARK, TEXAS FY2006 BUDGET AMENDMENT 12/13/2005 AmountDept.Account descriptionAccount no.Item description 1.$ 1,300 n/aGeneral Fund - Other Revenue01-11-3999B. Hitzelberger donation for UPPD bicycle $ 1,300General Fund revenue total 2.$ 30,000 ExecProfessional services01-02-3060TIRZ contract with Schrader & Cline $ 30,000 Exec Department subtotal 3.$ 26,000 FireMICU Equipment01-40-9360LifePak12 for new MICU - deleted from budget $ 26,000 Fire Department subtotal 4.$ 1,300PoliceGuns and Equipment01-50-3291Dedication of donated funds for bicycle 5.$ 9,600PoliceComputer Software01-50-7202 Laser technology accident reconstruction system $ 10,900Police Department subtotal $ 66,900General Fund expenditure total $ (65,600)Net increase/(decrease) in General Fund C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Ordinance amending FY2006 budget 1 12-13- 2005.doc 10:14 AM 12/08/05 AGENDA MEMO (12/13/05 AGENDA) DATE: December 1, 2005 TO: Honorable Mayor and City Council FROM: Christine Green, Purchasing Agent SUBJECT: Bid #05-22, Traffic Signal Video Detection/Radio Interconnect System The Traffic Division is purchasing a UniTrak Video Vehicle Detection System. This system uses closed circuit cameras installed at street intersections to detect vehicles on the roadway and adjust the timing of the traffic light according to the number of vehicles traveling in each direction. The system is supposed to improve the flow of traffic overall. The radio interconnect portion of the system allows the Traffic Division to monitor and control the video detection system remotely. Bid #05-22 for the purchase and installation of this system was opened on November 3rd. This bid was posted on RFP Depot: 975 vendors received fax or e-mail notice of the bid; 47 vendors viewed the bid; one vendor submitted a bid. Consolidated Traffic Controls, Inc. submitted the only bid in the total amount of $418,997.00. The specifications were product-specific, and this limited the number of vendors who could provide a bid. The UniTrak system was selected for bid because of its user-friendly software and because the customer and technical support for the product is local. RECOMMENDATION: Staff recommends accepting the bid of Consolidated Traffic Controls, Inc. Attached is a bid tabulation with a pricing breakdown. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\0522memo.doc 10:00 AM 12/07/05 City of University ParkBid 05-22 Bid #05-22-TRAFFIC SIGNAL VIDEO DETECTION / RADIO INTERCONNECT Creation DateOct 14, 2005End DateNov 3, 2005 10:00:00 AM CST Start DateOct 14, 2005 4:02:08 PM CDTAwarded DateNot Yet Awarded 05-22-1-01 UniTrak Video Detection System VendorUnit PriceQty/UnitTotal PriceAttch.Docs First Offer -$349,924.001 / each$349,924.00 Agency Notes:Supplier Product Code: Vendor Notes: Bidding per specifications 05-22-1-02 TransNET 900, 900 MHZ Unlicensed Spread Spectrum Radio System VendorUnit PriceQty/UnitTotal PriceAttch.Docs First Offer -$44,878.001 / each$44,878.00 Agency Notes:Supplier Product Code: Vendor Notes: Bidding per specifications 05-22-1-03 Radio Hardware and Software VendorUnit PriceQty/UnitTotal PriceAttch.Docs First Offer -$24,195.001 / each$24,195.00 Agency Notes:Supplier Product Code: Vendor Notes: Bidding per specifications Vendor Totals $418,997.00 Bid Contact Jerry Priester AddressP.O. Box 151837 Arlington, TX 76015 Ph 817-265-3421 Agency Notes:Vendor Notes: All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. Dec 7, 2005 9:58:35 AM CSTRFP Depot, LLCp. 1 AGENDA MEMO (12/13/05 AGENDA) DATE: 12/07/05 TO: Honorable Mayor and City Council FROM: Steve Mace, Community Information Officer SUBJECT: UIL Letter in support of policy change BACKGROUND: As you are all aware, the Highland Park Scots have advanced to the title game in the 4-A Division I football playoffs. The Scots will play the Marshall High School Mavericks in Tyler on Saturday, December 10. Due to site conflicts and the inability of the opposing coaches to agree on a neutral site, following a coin toss, the game will take place at Rose Stadium, a site with a seating capacity of only 12,000. Due to space limitations, Highland Park High School received only 5,500 tickets. Understandably, the tickets were purchased very quickly, leaving many Highland Park faithful without a seat for this historic game. In an attempt to assure that future state championship games are held in stadiums that can accommodate the 20-40 thousand people that often attend such contests, the December 13 Council Agenda includes consideration of a letter drafted for distribution to University Interscholastic League officials. The UIL is the governing body for public high school athletics in Texas. The letter urges the group’s Legislative Council to adopt an amendment in procedures requiring title games throughout the state be played at venues with a seating capacity of at least 30,000. AGENDA MEMO (12/13/05 AGENDA) DATE: December 8, 2005 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Sidewalk: 7800 Turtle Creek Blvd. ITEM: A request has been made for the City to install sidewalk along the west side of Turtle Creek Blvd adjacent to the property located at 3500 Greenbrier (directly across the street from Caruth Park). Sidewalk is continuous to the north and south of this property along Turtle Creek Blvd; however, there is no sidewalk currently adjacent to this particular property. Staff is requesting Council direction before moving forward with the sidewalk installation. The following three options exist for the installation of approximately 152 feet of sidewalk along Turtle Creek Blvd: ? Option 1: Install a 5 foot wide sidewalk along the back of curb with a small retaining wall and new curb and gutter. Two large trees would most likely be lost, and several small saplings would need to be transplanted. ? Option 2: Install a 4 foot wide sidewalk and a four foot parkway between the sidewalk and back of curb with a small retaining wall. Two large trees would definitely be lost, and several small saplings would need to be transplanted. ? Option 3: Install a meandering 4 foot wide sidewalk that would avoid the two trees to the west; however, the sidewalk would be placed closer to the property line. One large tree would be lost, and several bushes would need to be removed. Under existing Code, property owners must install sidewalk, if not existent, when filing for a building permit when the cost of improvements to the property is in the amount of ten thousand dollars ($10,000.00) or greater. In most cases, this occurs on corner properties that do not contain sidewalk on the north/south street adjacent to the property. The property owners of 3500 Greenbrier have been contacted regarding the proposed sidewalk, . but staff has not yet received any feedback from them 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDAMEMO (13).doc 3:57 PM 12/08/05 RECOMMENDATION: Staff requests Council direction before proceeding with the installation of this sidewalk. ATTACHMENTS: Photographs of proposed sidewalk location. . Pictures of Rights-of-way 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDAMEMO (13).doc 3:57 PM 12/08/05 Option 1 with five foot sidewalk back of curb. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 ( Do('uments dnd SeltlnqslnwilsonLocal Setllnqs\Ternporarv1nternet Files\OLK31 Ac;ENDAMEMCJ (13).doc 4:00 PM Option 1 with five foot sidewalk back of curb. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 ( Dor Ufllf;fl1S anti ,eltlnqs mvilson,Local SettlrlC]s'Tcmporarv internet FilesDLK31 \AGFNDAMUv10 (12),doc 4:00 PM 1 Option 2 with 4 foot sidewalk and 4 foot parkway. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 CDocumenls dnd Selllnqs'nwllsonLocal Settlflqs\ T ernporary Internet Files DLK31 AGI:NDi\MEMO (12).doc 4:00 PM 1 ~...,.. ... Option 2 with 4 foot sidewalk and 4 foot parkway 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 '-'. klf! Irl1enls andSeltIfiClS\nwlison\l OCCH Settlnqsi Temporary internet Files'DLK31\A\Jt- NDAMEMO (12l.doG 4:00 PM 1 Option 3 with meandering fence between fence and trees. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 ( DorUril81l!5 ctnd S"'li1nCl5 '1wIlsorl\local Seltinqs\Temporary Internet Files\OLK31A(j[=NDAMEMO 12)'doc 4:00 PM 1 Option 3 meandering 4 foot sidewalk to between tree and fence. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 l Doc JIlWflls d'ld c;etllr1l1s,nwilson\Locai Se\Il'lqs\Tcmporarv internet ~ iles\OLK31 ,AGt'~mAfv1FMO (12Ldoc 4"00 PM 1 BOARD OF ADJUSTMENT MINUTES September 26, 2005 The Board of Adjustment of the City of University Park met on Monday, September 26, 2005 at 5:00 P.M. in the Council Chambers of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Jerry Grable - Chairman Steve Metzger Lon Houseman William Hitzelberger, III Beth Dargene Harry Persaud - Community Development Mgr. Rob Dillard - City Attorney Jennifer Deaver - Building & Zoning Assistant Absent & Excused: Roy Kull Jim Lake, Jr. Mr. Grable opened the public hearing and introduced the commission members. Mr. Grable read the charge of the Board of Adjustment and asked that all those that would be speaking to please stand to be sworn in. Mr. Grable read the specifics of the first case. 1. RO.A. 09-01 - Scot and Susanne Smith, representing the owners of the property situated at 4400 Potomac, requesting a variance to Section 9-602 of the University Park Zoning Ordinance to allow for a minimum side yard setback of 7 feet where a 10 feet setback is required. The subject tract is zoned Single Family SF-4 zoning district classification in accordance with the Comprehensive Zoning Ordinance. Scot Smith, owner of the property situated at 4400 Potomac, came forward, stated he has an irregular shaped lot that will not allow him to build the home that has been designed by his architect. He then stated due to the curve in the road, the lot is not as large as it sounds. Mr. Smith then referred to the packet describing his need for a variance. He expressed concern for his mother who is in a wheelchair and will need the extra room. He then urged the board to approve the variance. Mr. Grable inquired ifthere was any favoring /opposing correspondence. Mr. Houseman stated there were 11 letters supporting the variance and 1 letter opposing the variance. Mr. Grable asked if the air conditioning unit was 5 foot off of the property line, and if all other requirements would be met if the variance was approved. Mr. Pat Ford, architect, representing the property owner of 4400 Potomac, came forward. He stated that the mechanical unit will be setback as required as well as all other requirements met if the variance was approved. He stated that his goal was to build a home that did not appear as a box shape. He stated that if the variance is not granted and plans are redrawn the house would appear larger and fill in more of the courtyard space. Mr. Grable inquired what is the hardship requiring a variance. Mr. Scot stated that not only was there a need to accommodate his mother, but there was also a safety issue that will require extra space in the pool area. Mr. Metzger inquired how many total square feet the house was. Mr. Ford stated 5500 square feet. A discussion ensued regarding measurements of the proposed one story garage being 20 feet from the property line measuring from the comer of the garage as opposed to the door. Mr. Grable asked if there was anyone else who wished to speak in opposition. Mr. Tom Carroll, resident/owner of 4412 Potomac, came forward opposed to the variance. He stated that, if granted, it would bring poor quality of life with decreased morning sun, increased mechanical noise, and decreased privacy. Financially he would suffer a decrease in property value. The lot is irregularly shaped but nearly twice the average lot size and contains a normal lot within boundaries. Current design maximizes negative impact on neighbors. Five of the windows would be facing his children's bedroom windows. He then urged the board to deny the variance. Mr. Grable inquired if there was anyone else who wished to speak on the matter. Mr. Grable closed the public hearing. Mr. Metzger moved to deny the request with less than 10' setback contrary to neighbor interest, and without prejudice, Mr. Grable asked for a motion, with a second from Mr. Hitzelburger, the request was denied 4- I. There being no further business before the Commission, Mr. Grable adjourned the meeting. Approved by: Date: PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES September 19, 2005 The Planning and Zoning Commission of the City of University Park met on Monday, September 19,2005 at 5:30 P.M. in the City Hall Conference Room, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Robert H. West - Chairman Doug Roach Randy Biddle H. Reed Shawver III Ed Freeman Bea Humann Harry Persaud - Community Dev. Mgr Rob Dillard - City Attorney Jennifer Deaver - Administrative Secretary Mr. West opened the public hearing and then read the specifics of the first case. PZ 09-17 -Analytical Surveys, representing the property owner, for a replat of Lot 21, Vanderbilt Place, situated in the John Scurlock Survey Abstract No. 1351, and being 3611 McFarlin Blvd, City of University Park. The replat will subdivide the lot into two single family attached lots located in the SF-A, PD-6 zoning district classification. Mr. West inquired if the replat conformed to city regulations. Mr. Persaud stated yes, the replat does conform to city regulations. Mr. Freeman asked for a motion. Mr. West moved to approve the request, with a second from Ms. Humann. The motion was approved unanimously 5-0. Mr. West asked for a motion on the minutes from the August 15,2005 Planning & Zoning meeting. Mr. Roach moved to approve the minutes, with a second from Mr. Biddle, the motion was approved unanimously 5-0. There being no further business before the Commission, Mr. West adjourned the meeting. Approved by: {d?u/I tz::f- Date: / 1ft ~/vj~ Robert H. West, Chairman Planning & Zoning Commission Public Safety Advisory Committee MINUTES November 1,2005 The Public Safety Advisory Committee of the City of University Park met on Tuesday, November I, 2005 at 6:00 P.M. in the large conference room of City Hall at 3800 University Blvd., Dallas, TX 75205. The following are minutes of that meeting. Committee Members Attending: Staff Members Attending: Ed Crisssey Robert Boyd Jackie Brewer Doug Bruton Michael Maberry Rob Holmes Dr. Doug Turgeon Gary Adams, Chief of Police David Ledbetter, Fire Chief Donna Wilkerson, Administrative Assistant Syd Carter, City Council Member Absent: James Kerr, Chair Chris Shumate Kirk Dooley Chief Adams greeted and welcomed the committee members present. Minutes from the last PSC meeting were distributed and no corrections were noted. Mr. Maberry inquired if Chief Adams had gotten any feedback on the street parking issues that were discussed at the last meeting. There was again discussion about congestion on streets due to parked cars - residents' and construction workers'. Doug Bruton advised that he feels the parking helps to slow down traffic but is concerned about sight issues. The committee, as a whole, would like the city to take a look at what, if anything, can be done. Chief Adams will write a proposal to the city manager to hire a consultant with a new perspective to review our parking issues. As far as speeding complaints, Chief Adams advised the city is constantly conducting speed studies. The police department gets the study, looks at the results and then assigns officers to that area during the times noted that are as peek times of speeding. Mr. Crissey inquired if there were any regulations on the number of construction trucks at each site. Chief Adams will include this in the committee's suggestions to the council. PUBLIC SAFETY ADVISORY COMMITTEE MINUTES 11/01/05 Page 2 of3 Chief Adams stated that our daily call load indicates that false alarms and construction parking continue to rate high on calls for service. Chief Ledbetter had prepared a Power Point presentation on "Are We Prepared?" This presentation outlined the steps that the government, at all levels, needs to have in place to be adequately prepared for a disaster. It also outlined specifically the steps that the City Of University Park has already taken and will be taken to ensure that our city if prepared for any type of disaster. The presentation discussed all the changed that the City Of University Park has made since Oklahoma City and 9/11 in regards to training, equipment and security. City Hall currently does not have an independent power supply. The new City Hall will have an independent power supply, PEEK has it currently. The Bush Presidential Library was discussed. If SMU is selected to receive the library, it will probably be located where the current University Gardens apt complex is located. The old Mrs. Baird's plant will be the likely place for parking. The library will fall under federal jurisdiction. The Federal Government will provide security. Over the last several years, UPPD and SMU have had good communication between each other in regards to which buildings have chemicals stored in them. SMU has been chosen as a POD, Point of Distribution, for inoculation in the event of a bioterrorism attack. UPPD, SMU, DPD, DSO, and HPDPS will all work together. Our main goal will be traffic control. The question arose about contamination of our water supply. Our pump station is local. It would take a tremendous amount of chemicals to disturb our water supply. Our FD/PD equipment is kept under lock and key. The equipment purchased with grant funds is not just for FD/FD, it is for all city employees. It will be used by all those who will be protecting us. Chief Ledbetter stated that all the local churches had been contacted and will open their doors for a couple of days should emergency shelter be needed. CERT (Community Emergency Response Team) will be in charge of putting our barricades. The city has a great number of residents that are unable to get out of their house by themselves. CER T would assist with this. During Hurricane Rita, the FD/PD went door-to-door in the low-lying areas. 708 residences were contacted, 350 if those were home and 42 of those would need assistance in getting out during an emergency. This number is alarming. The Police department has purchased 8 AR-15's. Only officers that have been training and have qualified to use these weapons may carry them. Sgt. Robert Flood is our Department of Homeland Security Officer. He is on the Joint Terrorism Task Force and attends their meetings regularly. PUBLIC SAFETY ADVISORY COMMITTEE MINUTES 11/01/05 Page 3 of3 Chief Adams addressed the committee on some rumors circulating in the Park Cities regarding an attempted abduction. There was no attempted abduction. The incident involved some 20 year old residents that stopped and asked to play football at an elementary school with some young boys. The boys ran off screaming "stranger danger". The 20 year olds have been identified and our detectives have spoken with them and their parents in regards to this being inappropriate. Missing children: All the patrol vehicles have a checklist from the National Center for Missing and Exploited Children. This checklist contains the steps to go through in case we have a missing child. We have an agreement with a Dallas PD and Search and Rescue. These two groups can bring resources in quickly that we don't have. The Amber Alert also has a checklist. American's Most Wanted will feature the triple homicide from March 2005 on its show, opn 11/5/05. Chief Adams states that we have advertised 8 more Reserve Officers. The next meeting will be held on Tuesday, January 31, 2006 at 6:00 p.m. The meeting was adjourned at 7:25 p.m.