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HomeMy WebLinkAboutAgenda 02-18-04 Names Tabs A G E N D A #2406 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS WEDNESDAY, FEBRUARY 18, 2004 AT 7:30AM I. ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about it ems 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. II. CONSENT AGENDA A. CONSIDER: Solicitor Permit for Sarah Baker, representative for Christian Hospitality Network – Adams Tab I B. CONSIDER: Approval of City Council Meeting Minutes for January 27 and February 3 & 13, 2004 – Wilson Tab II III. MAIN AGENDA A. DIRECTION: To staff regarding SMU rezoning request and wall construction B. CONSIDER: Ordinance approvi ng the use of a portion of Goar Park for City Hall Expansion – Livingston Tab III C. CONSIDER: Annual Racial Profiling Report from Police Department – Adams Tab IV D. CONSIDER: Ordinance establishing one - hour parking in 3000 block Daniel and University at Burles on Park – Adams Tab V E. CONSIDER: Ordinance changing sign regulations for political signs – McLaurin Tab VI F. DISCUSS: Participation in executive workshop with Oncor representatives – Speer Tab VII As authorized by Section 551.071(2) of the Texas Government C ode, 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. AGENDA MEMO (02/18/04 AGENDA) DATE: February 4, 2004 TO: Honorable Mayor and Members of the City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Solicitor Applicant Appeal ITEM Council directed my office to investigate the matter of re - issuance of a not - : for - profit solicitor’s permit for Ms. Sarah Elizabeth Baker during the January 6, 2004, city council meeting. Ms. Baker’s application had been denied after it was determined she had been working the community with an expired per mit, in violation of our city ordinance. At that time it was the opinion of my office that the applicant had been misrepresenting her authority to solicit. However, Mr. Robert Dillard, attorney for the City, is of the opinion that the language of the or dinance speaks to misrepresentation on the application itself and not to the actions of the solicitor in this case. A complete investigation has been completed. Christian Hospitality is a legitimate not - for - profit organization recognized by the Internal Revenue Service under sections 501(a) and 501(c)(3). Furthermore, CID completed a background check on the applicant as required by ordinance and, as the applicant is a foreign national a check was made through the United States Office of Immigration a s well, and nothing was discovered which would prohibit the applicant from soliciting in our city. Based on the Ms. Baker’s personal background check and the fact that the attorney for the city has opined that there was no misrepresentation, there is no reason to deny a new permit. I would remind council that two residents addressed the council with complaints about Ms. Baker’s demeanor while soliciting at their homes. RECOMMENDATIONS : It is the recommendation of the Office of the Chief of Police th at a new permit be issued. ATTACHMENTS : None 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ Agenda Memo - Solicitor Appeal 020404.doc 8 : 51 AM 02 / 09 / 04 MINUTES #2403 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBER TUESDAY, JANUARY 27, 2004 AT 5:00 P.M. Mayor Harold Peek convened the City of University Park City Council into Executive Session at 4:44p.m.to receive legal advic e from the City Attorney under Section 551.071(2) of the Texas Government Code. The Executive Session was adjourned at 4:54p.m. No action was voted on or taken during the meeting. Mayor Harold Peek opened the meeting of the City Council. Present were M ayor Pro Tem Dick Davis and Councilmembers Blackie Holmes, Jim Roberts and Harry Shawver. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. ITEMS FROM THE FLOOR Boy Scout Christopher Hewitt, 301 3 Rosedale, Troop 70, introduced himself and announced the merit badge upon which he was working. Councilmember Holmes recused himself from the item on the agenda regarding the purchase of the side loading refuse vehicle due to a conflict of interest in r epresenting the vendor, Heil, and requested it be considered after the other three items of the Consent Agenda. Pro Tem Davis moved acceptance of the Consent Agenda with the exception of the refuse vehicle for the Sanitation Department. Councilmember Holm es seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER ORDINANCE MODIFYING SECTION OF CODE OF ORDINANCES TO CHANGE MAXIMUM IMPERMEABLE COVERAGE FOR SOUTHERN METHODIST UNIVERSITY (SMU) FROM 90% TO 70%: Pursuant to the Co uncil's discussion at the th December 19 , 2003 City Council meeting, staff prepared an ordinance to amend the Code of Ordinances to establish a maximum impermeable surface area of 70% for University Campus Districts 1,2, and 3. The change will also affect Planned Development District No. 23, which is the SMU parking garage at Daniel and Hillcrest. This change will result in the new storm water fee for the university being based on this 70% calculation as opposed to 90% under the current ordinance language. In addition to the storm water fee implications, this change will also limit future development on the campus to a maximum of 70% impermeable surface. ORDINANCE NO. 04/04 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, “BUILDING AND CONSTRUCTION”, SECTION 3.103 “AMENDMENTS TO THE BUILDING CODE”, SUBSECTION (33) TO PROVIDE MAXIMUM IMPERMEABLE SURFACE REGULATIONS FOR MULTI - FAMILY, NON - RESIDENTIAL, UNIVERSIT Y CAMPUS AND RELATED DISTRICTS; 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 DA TE CONSIDER ORDINANCE TO CHANGE TERMINOLOGY IN MASTER FEE SCHEDULE UNDER PARKS AND RECREATION, PLAYING FIELD RESERVATIONS, FROM “AN ANNUAL RESERVATION CARD” TO A “90 - DAY PERMIT”: This resolution is to correct an item in the Fee Schedule. The intent orig inally was for a coach to pay a $10.00 fee to reserve a field for a season. However, the Fee Schedule has indicated this fee as an annual fee. This resolution is simply correcting that error by making the $10.00 fee good for a 90 - day period. ORDINANCE N O. 04/05 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 13, “PARKS”, SECTION 13.502 “PLAYING FIELD RESERVATIONS”, SUBSECTION (2) TO PROVIDE FOR PLAYING FIELD RESERVATION PERMIT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For January 6 & 20, 2004. M ayor Pro Tem Davis moved approva l of the purchase of a side - loading refuse vehicle for the Sanitation Department, acknowledging that Councilmember Holmes had recused himself. Councilmember Roberts seconded, and the vote was unanimous for approval for the following: CONSIDER PURCHASE O F SIDE - LOADING REFUSE VEHICLE FOR SANITATION DEPARTMENT FROM HOUSTON - GALVESTON AREA COOPERATIVE PURCHASING PROGRAM (H - GAC) IN THE AMOUNT OF $162,955: These vehicles are used by the Sanitation Division for commercial garbage pickup and are known as side loa ders because they lift and empty the three - cubic - yard dumpsters from the side. This purchase will upgrade the vehicle to a stronger engine, heavier axle, and higher compaction rate. These changes, combined with normal increases in equipment costs and EGR (Exhaust Gas Recirculation) changes, make the proposed purchase more costly than the most recent side loader purchase. The City last purchased a side loader in 2001 for $117,000. MAIN AGENDA CONSIDER ORDINANCE TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 2 2, th 6101 HILLCREST, HILLCREST HOTEL: On January 6 , the City Council approved conceptual plans to amend the existing Planned Development District No. 22 (PD - 22) to allow an additional floor on the hotel located at 6101 Hillcrest. The approval was subject to the hotel operator providing a valet service at all times for employees, guests, and visitors to the hotel. In addition, it was stipulated that employee parking take place at 4513 Travis, Dallas, Texas or some other off - site location to be approved by the Director of Public Works. The Council also asked that detailed site and landscape plans, along with a revised east elevation drawing, be brought back to the Council for approval. The ordinance was re - written to include these stipulations. Mayor Pro T em moved approval of the ordinance to amend PD - 22 (6101 Hillcrest). Councilmember Shawver seconded, and the vote was unanimous to adopt the amending ordinance. ORDINANCE NO. 04/06 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING T HE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 22 FOR THE PROPERTY DESCRIBED AS LOTS 1, 2, AND 3 OF BLOCK D, UNIVERSITY ANNEX NO. 2, AN ADDITION TO THE CITY O F UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 6101 HILLCREST, UNIVERSITY PARK, TEXAS; APPROVING A CONCEPTUAL SITE PLAN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLA USE; 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. CONSIDER APPROVAL OF DETAILED PLANS FOR 6101 HILLCREST, HILLCREST th HOTEL: At its January 6 meeting, the City Council approved conceptual plans for the Hillcrest Hotel project at 6101 Hillcrest. These plans included the construction of an additional floor on the building. As part of the approval, the Council asked that more detailed site and landscape plans, alo ng with an amended building elevation along Hillcrest, be brought back for consideration. Applicants submitted more detailed plans, which specify location, height, and species of plantings. In addition, the architect modified the east elevation of the bui lding in an attempt to somewhat reduce the impact of the large windows facing Hillcrest, as had been th requested at the Council meeting on the 6 . Councilmember Holmes inquired about the use of the material for the exterior of the finish. Mr. Art Anderson , Eureka Holdings, introduced the architect who showed the detailed exterior plans. Real stucco will be used on a stone structure. Copper planters will be used on the top floor around the building. Councilmember Holmes moved approval of the detailed pla ns. Mayor Pro Tem Davis seconded, and the vote was unanimous to approve the plans for 6101 Hillcrest. PUBLIC HEARING AND ORDINANCE REGARDING SOUTHERN METHODIST UNIVERSITY’S (SMU) REQUEST TO REZONE 3015 DYER AND 3016 DYER FROM UNIVERSITY CAMPUS DISTRICT N O. 3 (UC - 3) TO UNIVERSITY CAMPUS DISTRICT NO. 2 (UC - 2): On October 15, 2003 the Planning & Zoning Commission voted unanimously to recommend an approval of the rezoning request made by Southern Methodist University to rezone 3015 & 3016 Dyer from UC - 3 to UC - 2. The current zoning does not permit the fraternity or sorority house usage that the University desires to locate on these lots. The property to the west of the lots in question is zoned UC - 2, and permits such uses already. SMU is proposing to relocate some of the fraternity houses that are currently located on the south side of the campus along Binkley to the Dyer properties. The additional lots that the university is seeking for UC - 2 zoning will allow for more open space between the new buildings. PUBLIC HEARING TO CONSIDER SCREENING WALL AND STREET REALIGNMENT ALONG DUBLIN, SMU BOULEVARD NORTH TO UNIVERSITY BOULEVARD: Since the development of the SMU Centennial Master Plan in 1997, SMU has reviewed with the City Council, on several occasions, thei r desire to realign Dublin, north from SMU Boulevard to University Boulevard. Their discussions with the adjacent neighborhood caused them to include the construction of a screening wall along the street right - of - way. The project has never come to fruiti on because SMU has not been able to acquire two residential properties. Last summer, a new plan was conceived that would eliminate that section of Dublin as a north/south corridor and utilize it to connect Fondren, McFarlin and Dyer just east of the propo sed screening wall. This would be constructible with no need for additional properties. To address questions regarding traffic and emergency response times in the neighborhood east of the proposed wall, traffic consultant Dannie Cummings, P.E., performed vehicular counts for existing conditions and the impact of the wall construction. Additionally, the Fire Department performed response time exercises to the area considering existing conditions and the construction of the wall. Mayor Pro Tem Davis exp lained the Development Agreement of 1998 between the City and SMU. Mayor Peek stated that the City Council had received many letters and had read them all and were seeking new information to evaluate in order to come to a conclusion. He announced that SM U would be given 40 minutes to speak; citizens west of Dublin and south of University would be given 15 minutes, citizens east of Dublin and south of University would be given 15 minutes and that other citizens would be given 10 minutes. City Manager Bob Livingston gave a brief review of the past history of the wall and rezoning. Mayor Peek then opened the public hearing. Vice - President of Legal Affairs Leon Bennett spoke for SMU giving a PowerPoint presentation showing the proposed change. At the concl usion of his presentation, several residents spoke for and against the wall. Mr. Bennett spoke again stating that SMU was not requesting the wall and did not initiate it, but have worked with the neighbors who wanted the wall, and that it was the City’s d ecision. Mayor Pro Tem Davis thanked all the citizens for coming stating that the City Council would take all opinions into consideration and do their best to have a decision in a month of so. He then made a motion to close the public hearing. Councilme mber Holmes seconded the motion with a request that a definite decision be reached th by the February 18 City Council meeting at 7:30 a.m. The vote was unanimous to reach a decision by that time. There being no further business, the meeting was adjourned. th PASSED AND APPROVED this 18 day of February 2004. Harold Peek, Mayor ATTEST: Nina Wilson, City Secretary MINUTES #2404 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBER TUESDAY, FEBRUARY 3, 2004 AT 5:00 P.M. Mayor Harold Peek opened the meeting of the City Council. Present were Mayor Pro Tempore Dick Davis, Councilmembers Jim Rob erts, Harry Shawver and Blackie Holmes. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. AWARDS AND REQUESTS FROM CITIZENS POLICE DEPARTMENT AWARD: Officer Kevin Clark was awarded a Life Savin g bar and plaque by Police Chief Gary Adams. RETIREMENT RECOGNITION: Building Inspector Mike Hanson retired after 18 years of service to the City. Councilmember Shawver presented him with a retirement check and Public Works Director Bud Smallwood present ed him with a plaque. BOY SCOUTS OF AMERICA: Several Boy Scouts introduced themselves and stated the badge on which they were working - Troop 68: Brad Smith, Stewart Freeman, Matthew Kaye, Knox Holliday and William Chisholm; Troop 82: Josh Francis, David A say, Andrew Near, John Glasgow, Berton Spring and Bear Givhan; Troop 125: Stephen Kenard and Austin Meek. Mayor Pro Tem Davis moved acceptance of the Consent Agenda. Councilmember Roberts seconded, and the vote was unanimous to approve the following: CO NSENT AGENDA CONSIDER PROPOSAL IN THE AMOUNT OF $12,000 FROM CHIANG, PATEL & YERBY, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH THE EVALUATION OF THE CITY’S SOLID WASTE TRANSFER STATION LOCATED AT 2525 UNIVERSITY BOULEVARD: The struct ure, built about 1971, receives municipal solid waste and yard waste from collection trucks, which are then transferred to larger trucks and transported to the landfill and composting facilities in Garland and Mesquite respectively. The practice of consta nt hosing down the facility, during and after each load is dumped, has taken it’s toll on some of the metal superstructure; specifically, those areas that are inaccessible. The moisture and otherwise corrosive environment have resulted in severe rusting o f structural components. Additionally, the entire facility is painted with lead - based paint. The report from Chiang, Patel & Yerby, Inc. will provide recommendations on mitigating the deficiencies. CONSIDER RESOLUTION CALLING A CITY COUNCIL ELECTION ON SATURDAY, MAY 15, 2004 FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCILMEMBERS: Terms for both mayor and Councilmembers will be two years. The election will be held at City Hall from 7:00 a.m. – 7:00 p.m. Trevor Rees - Jones will act as Presiding Elec tion Judge and R.B. Murray as Alternate Presiding Election Judge. Nina Wilson, City Secretary, will be responsible for appointing election clerks as needed for the proper conduct of the election. Early voting will be held at City Hall from April 28 - May 11, 2004 from 8:00 a.m. – 5:00 p.m. weekdays. RESOLUTION NO. 04 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, CALLING AN ELECTION ON SATURDAY, MAY 15, 2004 FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCILMEMBERS; AND PROVIDING AN EFFECTIVE DATE. RESOLUCION NUM. 04 - 03 UNA RESOLUCION DEL CONCEJO MUNICIPAL DE LA CUIDAD DE UNIVERSITY PARK, LLAMANDO UNA ELECCION EL SABADO, 15 DE MAYO DE 2004, CON EL FIN DE ELEGIR A UN ALCALDE Y A CUATRO CONCEJALES; Y ESTIPULANDO UNA FECHA VIGENTE. DISCUSS APPROVE CHANGING THE MAY 26 MEETING TO MAY 24, 5:00 P.M., IN ORDER TO CANVASS THE ELECTION AND HAVE A RECEPTION FOR NEW COUNCILMEMBERS: Due to the change in the election date for 2004, canvassing the election th th must be moved to between the 8 and 11 day after the election. Since the regular meeting date th of the City Council is the third Wednesday of the month and would fall on the 12 day after the election, the meeting and reception were moved to May 24, 2004, 5:00 p.m. MAIN AGENDA PUBLIC HEA RING AND ORDINANCE REGARDING CITY HALL EXPANSION AND PROPOSED USE OF A PORTION OF GOAR PARK: Before the City Council meeting, the proposed plans had been reviewed by the following committees: Planning and Zoning, Board of Adjustment, Parks, Public Works, F inance, Urban Design and Development and by the former mayors of the City of University Park. At the conclusion of the presentation, each committee rd voted in favor of the plans as presented. Notice of the February 3 City Council public hearing th th had been published three (3) times in the Dallas Morning News on Friday, January 9 , 16 and rd 23 . A letter dated December 18, 2003, had also provided to the Park Director and Chairman of the Parks Advisory Committee. A Court Reporter was present at the meeting , and that report is included as part of the minutes. City Manager Bob Livingston made a PowerPoint presentation showing the improvements being proposed to accommodate the need for additional space for Police and Fire operations. He pointed out the plan would include minimum harm to the park and that he would be glad to provide additional information to anyone interested. Police Chief Gary Adams noted that the accreditation the Police Department will receive in March will not be attainable again if the c hanges are not made to City Hall. Fire Chief David Ledbetter also noted that if the renovation is completed, there will be a change in the ISO Rating for the City that will result in savings in homeowner premiums and will be in effect for a period of 10 - 1 5 years. Park Director Thom Hanford spoke on the issue of the soccer fields in Goar Park stating the facilities would remain the same and that the two (2) soccer fields would have to be re - oriented, but would remain the same size. He also stated the park would be just as accessible and would have the same flexibility after City Hall is renovated as it does today. Director of Information Services Jim Criswell spoke on space and requirements of computers and computer equipment from 1994 to the present time , noting the change in the workplace environment based on computer needs. Public Works Director Bud Smallwood spoke on the danger of the flood plain in regard to City Hall. Finance Director Kent Austin spoke on financing the project stating the City has the funds for the project without having to borrow money. Municipal Court Judge Jim Barklow spoke on moving the Court to another location, stating the security of the Court would be breached if it were moved away from the Police Department. Human Resourc es Director Luanne Hanford spoke of being in small quarters where employees or visitors have access to confidential material exposed on someone’s desk rather than a situation where a counter would separate those persons from the confidentiality of such mat erial. After the presentation and a question and answer period by the Council, several people spoke in favor of and also against the proposition. Mayor Pro Tem Davis moved to close the public hearing and give those who wish to make a written presentation to the Council two weeks in which to do so. The Council will review all written presentations and attempt to come to a conclusion by the second city council meeting of the th month on February 18 at 7:30 a.m. Councilmember Shawver seconded the motion. C ouncilmember Holmes said he would like for the Council to hear from Mr. Henry Billingsley and Mr. Bill Thompson on what they feel may exist as alternatives for the renovation of City Hall and the use of a portion of Goar Park. He also would like for the C ouncil to hear from Mr. John Walsh on any proposal to bond the project. The vote was unanimous to close the public th hearing and convene again on February 18 at 7:30 a.m. to announce the conclusion reached by the Council. CONSIDER ORDINANCE AMENDMENT TO SIGN ORDINANCE REGARDING REAL ESTATE SIGN REGULATIONS: As a result of the continued usage of “real estate” signs by new home builders for the purposes of business advertising, the Urban Design and Development Advisory Committee (UDADAC) was asked to look a t different ways to curb this type of signage in those cases where the new home is already under contract or is already sold to an individual. The City continues to receive complaints from people who believe these signs should not be allowed on a property that is not, or in many cases never was, for sale. UDADAC did not want to inadvertently hurt “spec” builders who need to advertise their homes for sale, so they determined the best solution was to amend the definition of real estate sign in the sign ordin ance by eliminating the ability to include wording such as “Contract Pending”, “Sale Pending” or “Sold” on the real estate sign. UDADAC believes the vast majority of “custom” builders will not maintain a for sale sign on a new home that is already under c ontract, nor will the individual who is having the house built want his home advertised as such. This new amendment will not only affect builders, but real estate agents as well. Councilmember Roberts moved approval of the enabling ordinance amending Art icle 12.200 of the University Park Code of Ordinances regarding the sign regulations of the City, by amending the definition for Real Estate Sign. Mayor Pro Tem Davis seconded, and the vote was unanimous to approve the ordinance. ORDINANCE NO. 04/07 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, SIGN REGULATIONS, BY AMENDING SECTION 12.202 (22) PROVIDING A DEFINITION OF REAL ESTATE SIGN; AMENDING SECTION 12.223 TO PROHIBIT CONSTRUCTION SIGNS IN RESIDENTIAL ZONES; 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 PROV IDING AN EFFECTIVE DATE. COURT REPORTER: See report attached to minutes. There being no further business, the meeting was adjourned. rd PASSED AND APPROVED this 3 day of February 2004. Harold Peek, Mayor ATTEST: Nina Wilson, City Secretary MINUTES #2405 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM FRIDAY, FEBRUARY 13, 2004 AT 7:30 A.M. Mayor Harold Peek opened the meeting of the City Council. Present were Councilmembers Jim Roberts and Blackie Holmes. Mayor Pro Tempore Dick Davis and Councilmember Harry Shawver were absent and excused. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina Wilson. MAIN AGENDA DISCUSS SOUTHERN METHODIST UNIVERSI TY’S REQUEST TO REZONE LOT 3, BLOCK 2, 3015 DYER AND LOT 3, 3016 DYER FROM UC - 3 TO UC - 2, SCREENING WALL AND REALIGN STREET ALONG DUBLIN, SMU BOULEVARD NORTH TO UNIVERSITY BOULEVARD: Public Works Director Bud Smallwood presented a new drawing on rezoning, street realignment and the screening wall to the City Council. They approved the drawing, and Mr. Smallwood will show it to Southern Methodist University. DISCUSS CITY HALL EXPANSION AND PROPOSED USE OF A PORTION OF GOAR PARK: A proposal from Mr. John M. Walsh, III, 4015 University Boulevard, was discussed. Finance Director Kent Austin will write a memorandum to the City Council in answer to Mr. Walsh’s proposal. There being no further business, the meeting was adjourned. t h PASSED AND APPROVED this 18 day of February 2004. Harold Peek, Mayor ATTEST: Nina Wilson, City Secretary AGENDA MEMO (03/19/03AGENDA) DATE: February 13, 2004 TO: Honorable Mayor and Members of the City Council FROM: Bob Livingston, City Manager SUBJECT: Ordinance Approving the Use of a Portion of Goar Park For City Hall Expansion rd Aft er closing the public hearing on this matter at the February 3 meeting, the Council directed that consideration of this ordinance be placed on today’s Agenda. Kent Austin, the Finance Director, is preparing a separate memorandum evaluating financing al ternatives that were proposed regarding paying for the improvements using debt. That memorandum will be available at Wednesday’s meeting. Staff continues to believe that the plans as proposed will solve the operational needs outlined by the Police and Fi re Chiefs for many years to come. The improvements can be accomplished with no impact on the park’s open/play areas. Current estimates are that less than 8% of the Park’s usable area will be affected. ATTACHMENTS: Ordinance Cc: Police Chief Fire Chi ef Public Works Director Finance Director 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ CITYHALL021304.doc 10 : 48 AM 02 / 13 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, MAKING LEGISLATIVE FINDINGS OF FACT AND CONCLUSIONS REGARDING CURRENT CITY FACILITIES AND SERVICES; APPROVING THE USE OF A PORTION OF GOAR PARK FOR EXPANSION OF THE UNIVERSITY PARK CITY HALL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , Chapter 26 of the Texas Parks and Wildlife Code requires that a city must make certain determinations prior to the approval of any project that requires the use or taking of any pu blic land designated and used as a park; and WHEREAS , the City Council has provided 30 days’ written notice to the Parks Director and the Chairman of the Park Board of a public hearing to consider a proposed project to expand the University Park City Hal l into a portion of Goar Park; and WHEREAS , notice has also been given to the public by publishing a notice once a week for three consecutive weeks, the last of which publications was not less than one week or more than two weeks before the date of the p ublic hearing, and which notice was published in the newspaper of general circulation, published at least six days a week in Dallas County, Texas; and WHEREAS, the public hearing on the proposed project was conducted by the University Park City Council o n February 3, 2004, at which time all those desiring to do so presented written or oral testimony; and WHEREAS, the City Council has considered clearly enunciated local preferences in the NOW, THEREFORE, course of such public hearings; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City Council of the City of University Park, Texas, finds that the premises hereof are true and correct and determines and finds the following facts from the public hearing an d its investigation: A. The current City Hall is 70 years old and many of its systems have reached the end of their useful life; B. Operational conditions have changed since the last time the City Hall was remodeled, requiring a more extensive use of sen sitive computer systems, provision of emergency ambulance service, provisions for protection against biohazards, Page 1 additional and more complicated record keeping requirements, and other operations developments required by law; C. A portion of the City Hall is located in the 100 year flood plain, the main floor of the building is only six inches above the 100 year level, and the fire equipment bays have had as much as 21 inches of water in them in recent years during rain storms; D. Meeting and training room space is inadequate for the police department, fire department, and other city departments housed in the current City Hall building; E. Additional off - street parking spaces are needed to serve the employees and public who use the building for public busi ness; F. A centralized, secure location for the city’s computer equipment, including adequate room for maintenance, is needed; G. Additional space is needed for police dispatchers so as to provide for two or more dispatchers to be on duty at the same tim e and to provide for the addition of dispatchers in times of emergency; H. Necessary equipment for dispatch computers, CAD systems, radios, direct alarm monitoring, and other electronics should be located so that dispatch personnel can access them without having to leave the dispatch area; I. A restroom is needed so that dispatch personnel do not have to leave the dispatch area for a break; J. Police patrol offices should be relocated to the first floor so that patrol officers can easily access them from the parking lot; K. Creation of a sally port is necessary to securely transport prisoners directly to and from the jail, without having to go through the building or outside the jail area; Page 2 L. A secure location, adequate in size, is necessary to process DWI violators with required video surveillance; M. A private first floor location is necessary for officers to meet with citizens, rather than in the public hallway as is the current practice; N. Additional office space is needed for detectives since thr ee detectives currently share one room; O. Private interview rooms for suspects are needed adjacent to the jail; P. Adequate locker facilities for both male and female officers are needed; Q. A detail room to assemble shift personnel for announcements i s needed by the police department; R. A juvenile holding facility that meets current state requirements is needed; S. Additional file and storage space is needed by the police department; T. Operations areas, sleeping rooms, day room, clean room, traini ng room, medical supply room, and other rooms are needed on the first floor adjacent to the equipment bays for quicker and safer responses by the fire department; U. An equipment bay large enough to allow all department vehicles to be stored inside at one location is needed by the fire department; V. A secure, segregated facility for paramedics to safely handle equipment and clothing contaminated by biomedical agents is needed by the fire department; W. Locker and sleeping rooms adequate to accommodate fire fighters of both sexes are needed; X. Provision of any of these at the Peek Center or any other location in the City is impractical, would result in more inconvenience to citizens, would reduce response Page 3 times of the police and fire departments if the y were moved, would not solve the flood plain problem in the City Hall, and the cost of acquiring additional land would be prohibitive; and Y. Use of a portion of Goar Park, without disrupting park uses, for expansion of the current City Hall and parking area is the best, most cost effective, and reasonable solution for the continuance of the present level of City services. SECTION 2. The City Council further finds and determines, after the public hearing and testimony, and in its legislative capacity, that: (1) There is no feasible and prudent alternative to the use or taking of a portion of Goar Park for the expansion of the University Park City Hall; (2) The project includes all reasonable planning to minimize harm to the Park resulting from the use or ta king; and (3) The City Council has considered clearly enunciated local preferences, and is the opinion and finds that approval of the project is justified in accordance with the requirements of Chapter 26 of the Texas Parks and Wildlife Code. SECTION 3 . That based on the findings and determinations made herein, approval is hereby given by the City Council of the City of University Park, Texas, to the expansion of University Park City Hall into a portion of the property occupied by Goar Park; plans to mi nimize harm to the Park resulting from the use or taking are hereby approved; and, the City Manager is directed to proceed with the additional planning and steps necessary to give effect to the project. SECTION 4 . That this ordinance shall take effect imm ediately from and after its passage, as the law and Charter in such cases provide. Page 4 DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of February, 2004 APPROVED: ___________________________________ HAROLD PEEK, MAYOR APPROVED AS TO FORM: ATTEST: ________________________________ ___________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/jh/1/16/04/62020) Page 5 AGENDA MEMO (02/18/2004 AGENDA) DATE: February 3, 2004 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Annual Report Collection of Data as Required by Article 2.132 of the Texas Code of Criminal Procedure SUBJECT: th Senate Bill 1074 of the 77 Texas Legislature mandates that all law enforcement agencies in the State of Texas submit an annual report to their respective governing st bodies prior to March 1 of each year relating to the collection of data on traffic stops. This legislation was enacted to prevent Racial Profiling. The report contains information on the law, copies and/or proof of all required issues and the data collected by the University Park Police Department during the reporting period . The report consist of a final analysis of the data collected by the University Park Police Department as prepared by Dr. Alex del Carmen of the University of Texas at Arlington. ATTACHMENTS: Police Contact Data Annual Report (2003) as prepared by Dr. Alex del Carmen for the University Park Police Department. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ Annual Report Racial Profiling Data 2003.doc 8 : 54 AM 02 / 09 / 04 AGENDA MEMO (02/18/04 AGENDA) DATE: February 2, 2004 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: One Hour Parking near Burleson Park ITEM: SMU students are parking in the 3000 blocks of Universit y Blvd. and Daniel for several hours while attending classes. This extended parking by the students has created parking problems for citizens wishing to visit Burleson Park. During the weekdays, there are usually no parking places available for park patr ons. RECOMMENDATION: Staff recommends the enactment of an ordinance establishing one hour parking for five parking spaces along the north side of the 3000 block of University Blvd. Said parking spaces beginning at a point 140 feet east of the interse ction of University and Durham and continuing to a point 195 feet east. Additionally, fire parking spaces established as one hour parking along the south side of the 3000 block of Daniel. Said parking spaces beginning at a point 274 feet east of the inte rsection of Daniel and University and ending at a point 326 feet east. ATTACHMENTS: Diagram 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Interne t Files \ OLK21 \ Burleson Park One hour parking 020204.doc 8 : 52 AM 02 / 09 / 04 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING TO ONE HOUR ON THE NORTH SIDE OF THE 3000 BLOCK OF UNIVERSITY BOULEVARD FOR FIVE PARKING SPACES BEGINNING AT A POINT 140 FEET EAST OF THE INT ERSECTION OF UNIVERSITY AND DURHAM AND CONTINUING TO A POINT 195 FEET EAST OF SAID INTERSECTION; LIMITING PARKING TO ONE HOUR FOR FIVE SPACES ALONG THE SOUTH SIDE OF THE 3000 BLOCK OF DANIEL BEGINNING AT A POINT 274 FEET EAST OF THE INTERSECTION OF DANIEL AND UNIVERSITY AND ENDING AT A POINT 326 FEET EAST OF SAID INTERSECTION; SAID AREAS BEING DEPICTED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDIN G A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful and an offense for any person to leave, stand, or park a motor vehicle for an amount of time exceeding one hour in the five parking spaces along the north side of the 3000 block of University Boulevard beginning at a point 140 feet ea st of the intersection of University and Durham and continuing to a point 195 feet east of said intersection, or in the five parking spaces along the south side of the 3000 block of Daniel beginning at a point 274 feet east of the intersection of Daniel an d University and ending at a point 326 feet east of said intersection, said parking spaces being depicted in Exhibit “A” attached hereto and made a part hereof. SECTION 2 . That all provisions of other ordinances of the City of University Park in conflict w ith the provisions of this ordinance be, and the same are hereby, repealed. 62457 SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person violating any of the provisions of this ordinance shall be dee med guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense. SECTION 5. That this ordinance shall take ef fect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. The parking restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erec ted as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the ________ day of ______________________, 2004. APPROVED: ____________________________________ MAYOR ATT EST: ____________________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _______________________________ CITY ATTORNEY (RLD/62457 ( 2 / 9 / 04 /JH) 62457 ORDINANCE NO. ___________________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING TO ONE HOUR ON THE NORTH SIDE OF THE 3000 BLOCK OF UNIVERSITY BOULEVARD FOR FIVE PARKING SPACES BEGINNING AT A POINT 140 FEET EAST OF THE INTERSECTION OF UNIVERSITY AND DURHAM AND CONTINUING TO A POI NT 195 FEET EAST OF SAID INTERSECTION; LIMITING PARKING TO ONE HOUR FOR FIVE SPACES ALONG THE SOUTH SIDE OF THE 3000 BLOCK OF DANIEL BEGINNING AT A POINT 274 FEET EAST OF THE INTERSECTION OF DANIEL AND UNIVERSITY AND ENDING AT A POINT 326 FEET EAST OF SAID INTERSECTION; SAID AREAS BEING DEPICTED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF; 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 N OT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of University Park, Texas, on the ___________ day of _______________, 2004. APPROVED: __ __________________________________ MAYOR ATTEST: ____________________________________ CITY SECRETARY 62457 Page 1 of 1 file://C:\Documents%20and%20Settings\nwilson\Local%20Settings\Temporary%20Internet ... 2/9/2004 AGENDA MEMO (2/18/04 AGENDA) DATE: February 11 , 2004 TO: Honorable Mayor and City Council FROM: Wade McLaurin, Building & Zoning Administrator SUBJECT: Amendment to the Sign Ordinance – Political Sign Regulations BAC KGROUND: On August 5, 2003, the City Council approved a recommendation made by the Urban Design and Development Advisory Committee (UDADAC) regarding the regulation of political signage in the City. The issue had been forwarded to UDADAC for the purpose s of creating language which would be deemed “constitutional” as to the enforcement of the size and placement of political signs. The new requirements provided for a maximum square footage of 6 square feet per political sign, with a maximum aggregate area of 12 square feet, and no more than 4 feet in height. As a result of recent changes to the Local Government Code, the City Attorney has recommended that we amend our ordinance once again in order to eliminate conflicting regulations. Effective September 1, 2003, Sec. 216.903 of the Local Government Code allows for a maximum of 36 square feet in area and 8 feet in height for political signs. In order for our Sign Ordinance to comply with state law, we will need to amend our ordinance. According to Rob D illard, we cannot prosecute anyone that is in compliance with the Local Government Code, even though they may not comply with our ordinances. PUBLIC NOTICE: N/A RECOMMENDATION: Staff recommends approval of the enabling ordinance amending Article 12.200 of the University Park Code of Ordinances regarding the sign regulations of the City, by bringing the political sign regulations into compliance with those found in the Local Government Code. 3800 UNIVERSITY BOULEVARD UNIVERSITY P ARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, SIGN REGULATIONS, BY AMENDING SECTIONS 12.233, 12.237 AND 12.250 REGULATING POLITIC AL 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 FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED B Y THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 12, Article 12.200, Section 12.233, of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: Sec. 12.233 Aggregate Area of Tempora ry Signs in Residential Zones “ The aggregate area of all temporary signs, excluding the area of authorized address or political signs, permitted on a lot in a residential zone shall not exceed twelve (12) square feet.” SECTION 2. That Chapter 12, Articl e 12.200, Section 12.237, of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: "Sec. 12.237 Political Signs in Residential Zones Political signs, not exceeding thirty - six (36) square feet in area or eight feet (8’) in height, shall be permitted on a residential lot, subject to the setback requirements of Section 12.235. Such signs shall not be illuminated. Such signs shall not have any moving parts. Such signs shall not require a permit or be subject to a fee .” SECTION 3. That Chapter 12, Article 12.200, Section 12.250, of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: "Sec. 12.250 Political Signs Political signs, not exceeding thirty - six (36) square fe et in area or eight feet 62519 (8’) in height, shall be permitted, subject to the setback requirements of Section 12.235. Such signs shall not be illuminated. Such signs shall not have any moving parts. Such signs shall not require a permit or be subject to a fee.” SECTION 4. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed. SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 6. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 7 . That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, th on the 18 day of Febr uary 2004. 62519 APPROVED: ______________________________ HAROLD PEEK, MAYOR APPROVED AS TO FORM: ATTEST: ______________________ _________________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/2 - 6 - 04) 62519 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, CHAPTER 12, SIGN REGULATIONS, BY AMENDING SECTIONS 12.233, 12.237 AND 12.250 REGULATING POLITICAL SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDI NG 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 18th day of February 2004. APP ROVED: ______________________________ MAYOR ATTEST: ______________________________ CITY SECRETARY 62519 AGENDA MEMO (02/18/04 AGENDA) DATE: February 12, 2004 TO: Honorable Mayor and City Council FROM: Jacob Speer, Assistant to the Director of Public Works SUBJECT: Discuss participation in executive workshop with Oncor representatives ITEM: Last month, staff was contacted by our area representative from Oncor regarding the City's interest in participating in an executive level workshop between City leaders and Oncor executives. The purpose of the workshop would be to identify areas of c oncern and develop suitable responses. RECOMMENDATION: If Council wishes to participate in the workshop, staff will work with Oncor to select a date and time for the meeting. ATTACHMENTS: Letter from Oncor outlining the workshop objectives and proc edures ? ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363 - 1644 C: \ Documents and Settings \ nwilson \ Local Settings \ Temporary Internet Files \ OLK21 \ Oncor workshop 2 - 18 - 04.doc 2 : 02 PM 02 / 12 January 22, 2004 Jacob Speer City of University Park Dear Jacob: Over the past couple of years, Oncor has partnered with several of our cities in an exchange of information designed to improve the relationship between the city and Oncor. The objec tive of this two - hour Executive Visit & Workshop (EVW) is for the city to discuss its key strategic issues and identify action items the city feels Oncor can positively impact. Oncor gains a clearer understanding of the city’s needs and explores ways that we can work together in supporting both organizations’ priorities. Although we currently have a close working relationship with the City of University Park, I believe the experience of such a workshop can assist us in the support of each other’s key stra tegic activities. Expectations include enhanced trust and credibility between both organizations, and the establishment of better lines of communication. Additionally, we would hope to identify operational opportunities that might result in better efficie ncies for both organizations. The Company’s EVW program began in 2000 in Allen and to date over 140 cities including Irving, Plano, Arlington, Richardson and Mesquite have participated with Oncor. This is a most important program for our company. The of ficers of Oncor participate. Attendees critical to the success of the workshop from the city of University Park will include your City Manager, Mayor, Directors of Public Work, Planning, Financial Services, Fire department, and the key departments that w e interact with on a daily basis. I have targeted the first quarter of 2004 for this Executive Visit & Workshop for the City of University Park. If you will identify a specific date and time and let me know as soon as you can it will be greatly appreciate d. It is our hope that opportunities and expectations will be identified that can help Oncor’s distribution organization provide University Park with the best possible electric and gas service delivery. I look forward to planning this workshop and I than k you for your participation with us. Sincerely, Randy Newsom