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HomeMy WebLinkAboutAgenda 9-17-03 Topics.doc AGENDA #2318 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, SEPTEMBER 17, 2003 AT 7:30AM 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. II. CONSENT AGENDA A. CONSIDER: Budget Amendment increasing General Fund Revenue Austin Tab I B. CONSIDER: IBM AS/400 iSeries Computer Upgrade for Public Safety Criswell Tab II C. CONSIDER: Approval of City Council Meeting Minutes for September 2, 2003 Wilson Tab III III. MAIN AGENDA A. CONSIDER: Request for City to abandon certain utility easement at 3309 Colgate Smallwood Tab IV B. CONSIDER: Request for City to abandon certain excess street right-of-way at 3500 Turtle Creek Boulevard Smallwood Tab V C. CONSIDER: Request to donate decorative street light to City Smallwood Tab VI D. DISCUSS: Private utilities on public rights-of-way Smallwood Tab VII E. CONSIDER: Resolution regarding CAPP signatory authority Austin Tab IX F. CONSIDER: Change Order for replacement of curbs and gutters along various streets Smallwood Tab X G. CONSIDER: Bids for relighting three sets of tennis courts Thom Hanford Tab XI H. DISCUSS: Location of basketball goal structures in the front yard Smallwood Tab XII I. DISCUSS: Driveway construction materials McLaurin Tab XIII J. CONSIDER: Annual Meeting of HPISD with City and Town Livingston K. DISCUSS: City Hall flood plain elevations Livingston Tab XV 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. AGENDA MEMO (09/17/03 AGENDA) DATE: TO: FROM: SUBJECT: September 10, 2003 Honorable Mayor and City Council Kent R. Austin, Director of Finance Budget amendment ITEM: Included on the September 17, 2003, City Council agenda is an ordinance amending the FY2003 (current year) budget. The purpose of the amendment is to record the receipt of a $40,000 anonymous donation and authorize $40,000 for Police Department equipment. Approval of the ordinances will increase the total General Fund expenditure budget and the General Fund revenue budget $40,000. Chief Adams has requested that the $40,000 be allocated as follows: Account name Guns/Equipment Microcomputer Software Account number 01-50-3291 01-50-7202 Police Vehicles 01-50-9601 Amount Purpose $18,000.00 FLIR unit $4,400.00 Computer software $17,600.00 Motorcycle RECOMMENDATION: Staffrecommends approval of the proposed ordinance. This is the fifth budget amendment to the FY2003 General Fund budget, as described below: Amendment date Description Amount November 5, 2002 Carry FY2002 encumbrances forward $417,519 November 19, 2002 Fund Capital Projects transfer, backlit street signs, $2,483,488 additional health insurance January 7, 2003 Fund Assistant Police Chief position $68,433 April 16, 2003 Fund Police equipment for homeland security and $34,000 civil unrest September 17, 2003 Increase revenue and expenditure accounts to $40,000 record anonymous donation to UPPD ATTACHMENTS: · Budget amendment ordinance Budget Amendment Ordinance Sept 2003.doc 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Budget Amendment 091703.doc ORDINANCE NO. 03/ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2002-2003 FISCAL YEAR BUDGET, ORDINANCE NO. 02/18, TO APPROPRIATE $40,000.00 TO THE FISCAL YEAR 2003 GENERAL FUND POLICE DEPARTMENT BUDGET AND THE SAME AMOUNT TO GENERAL FUND OTHER REVENUE; 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. 02/18 to transfer funds from unreserved fund balances 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. 02/18, the 2002-2003 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to appropriate $40,000.00 to the specific accounts as follows: Account name Account number Amount Police Guns/Equipment 01-50-3291 $18,000.00 Police Microcomp. Software 01-50-7202 $4,400.00 Police Police Vehicles 01-50-9601 $17,600.00 and to likewise increase the estimate for General Fund "Other Revenue" by $40,000, and such expenditures are hereby authorized and made a part of the 2002-2003 fiscal year budget of the City. SECTION 2. 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 17th day of September, 2003. C': IDocuments and SettingslnwilsonlLocal Settingsl Temporary ]nternet FileslOLK2] IBudget Amendment Ordinance Sept 2003. doc APPROVED: HAROLD PEEK, MAYOR ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY C: [Documents and Settings[nwilson[Local Settings[ Temporary Internet Files[OLK2] [Budget Amendment Ordinance Sept 2003. doc City of University Park AGENDA MEMO Wednesday, September 17, 2003 Agenda DATE: TO: FROM: SUBJECT: September 10, 2003 Honorable Mayor and City Council Jim Criswell, Director of Information Services IBM AS/400 iSeries Computer Upgrade for Public Safety BACKGROUND In July of 1999, the City began a computer system migration for Police, Fire, and Computer-Aided Dispatch to the HTE suite of software. This initiative was driven in part by the Year-2000 requirement, but primarily by the desire to move these functions to a more robust software product, where Police and Fire could be dispatched from a common interface, and there would be a solid growth path for the Public Safety departments with a vendor who's capabilities and financial strength would insure support as the demand for mobile data computing increased. The conversion was completed on December 12, 1999, and the project has been very successful. The City added mobile data computers to the squad cars and fire vehicles in September of 2001, and the ability for police officers to complete crime reports from the field in September of 2002, allowing officers more time on the streets. The primary computing platform supporting these operations is an IBM AS/400 iSeries Model 720. The system is now four years old and there are several reasons that a Model 810 upgrade should be considered. The age of the system - In today's technical environment, the life expectancy of any business computer is approximately three years. With the importance of insuring "up time" for the Public Safety environment, it is imperative that equipment be replaced in a timely manner. The Police and Fire Departments are both planning to install new applications from HTE to provide support for mug shots and evidence, property room bar- coding, mobile computing, and mapping for cellular 911. These applications will require additional computer capacity. Agenda Memo - IBM AS/400 iSeries Computer Upgrade for Public Safety September 10, 2003 - Page 2 IBM has notified the City that the upgrade path from the Model 720 to a Model 810, with a trade-in allowance will expire on October 8, 2003. The price differential after that date is projected at $20,349. IBM support for the currently installed AS/400 Operating System (Version 4 Release 5) is no longer available. The Model 810 will come with the latest AS/400 Operating System (Version 5 Release 2). The Model 810 system will contain hot-swap disk drives, which will allow the system to continue processing information even if a physical disk drive fails. This feature will insure system availability for the City's most critical applications. The additional system capacity will provide the necessary file growth and enhanced processing speed required to support the City for the next three-to-five years. Main Memory 1GB to 2GB 2 times larger Disk Capacity 38GB to 122GB - 3 times larger Throughput Rating 150 to 750 5 times greater The City has identified a Capital Project to provide funding for the Public Safety IBM AS/400 Model 810 system upgrade. PROPOSALS To select a vendor for the IBM AS/400 iSeries Model 810 hardware system upgrade and the onsite System Migration Service, the City decided to utilize the Texas Qualified Information System Vendor (QISV) program to solicit bids. The Attorney General has stated that use of this program meets the competitive bidding requirements of the Local Government Code. The request for bids was sent to three vendors authorized to sell IBM systems, software, and services. They were MMI Internelworking, Titan Solutions Group, Inc., and Prologic Technology Solutions. The bid tab is listed below. · MMI Internelworking $69,464 · Titan Solutions Group, Inc $71,525 · Prologic Technology Systems $72,500 RECOMMENDATION Staff recommends City Council approval of this IBM iSeries AS/400 Model 810 System upgrade and the award of the contract to MMI Internelworking, the low bidder, for $69,464. Funds are available ($75,000) in the Capital Projects Fund, Project 11950. MINUTES #2317 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBER TUESDAY, SEPTEMBER 2, 2003 AT 5:00 P.M. Mayor Harold Peek opened the meeting. Present were Mayor Pro Tem Dick Davis, Councilmembers Jim Roberts, Blackie Holmes and Harry Shawver. Also in attendance were City Attorney Rob Dillard, City Manager Bob Livingston, and City Secretary Nina Wilson. AWARD EMPLOYEE RECOGNITION AWARD: Police Chief Gary Adams presented Human Resources Assistant Belinda Aldrete the award for her assistance in communicating with Spanish-speaking victims and complainants in the Police Department. Councilmember Shawver presented her with a check from the City. DEPARTMENT PINS: Pins were presented to Kenneth Chance, Sanitation Superintendent, and Bud Smallwood, Director of Public Works, for 15 years of service to the City by City Manager Bob Livingston. ITEMS FROM THE FLOOR Mr. Grant Gamster, 4406 Emerson, spoke on Ordinance No. 03/18 regarding temporary signs, which was recently passed. He requested the Council reconsider the ordinance where it applied to homebuilders. Mayor Pro Tem Dick Davis asked Mr. Gamster to state his reasons for his objection in a letter to Council. Councilmember Shawver moved acceptance of the Consent Agenda. Councilmember Holmes seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER REVISED EMPLOYMENT AGREEMENT WITH CITY MANAGER: The current agreement was executed in late 1990. The new agreement is shorter and more closely reflects current requirements and conditions. Generally, the changes provide that the City Manager will receive the same benefits as all other City employees. Other changes include a more restrictive conflict of interest clause that is consistent with the International City Management Code of Ethics, it allows the Council to adjust the City Manager's salary at the same time and manner as other employees, requires any outside employment of the City Manager be approved by the City Council, changes the method of calculating severance in the event of termination of employment. CONSIDER APPROVAL OF CITY COUNCIL MEETiNG MINUTES: For August 20, 2003. MAIN AGENDA PUBLIC HEARING AND ORDINANCE AMENDING PLANNED DEVELOPMENT DISTRICT NO. 29 FOR PARK CITIES BAPTIST CHURCH AND APPROVAL OF SUBMITTAL OF REVISED CONCEPTUAL SITE PLAN: Mayor Peek opened the public hearing. Building & Zoning Administrator Wade McLaurin spoke regarding the request by the church to amend the original ordinance by changing the maximum cumulative footprint coverage figure from 32% to 39% for the property. It was noted that the council intended to allow the amount of coverage shown on the original site plan, which was estimated at 32% at the time the original ordinance was adopted; however, more accurate field measurements recently performed show that this figure should actually be 39%, thus the need for the requested amendment. Mr. Steve Dawson, 8440 Tulane, spoke of his concern regarding the landscaping plan and choice of playground equipment. The Project Director for the church, Mr. Greg Boyd, explained the church does not change what it intended to do. The landscape plan and playground equipment, which will be neutral in color, will be presented to the Council at a later date. Mr. Dawson also questioned the Council regarding parallel parking, which will be allowed on Tulane as in the past, and also a drop off point for children. There will not be a drop off point for children. Mayor Peek closed the public hearing. Mayor Pro Tem Davis moved approval of the ordinance amending Planned Development District No. 29 for Park Cities Baptist Church by amending special condition 3 (o) to permit a cumulative footprint of all buildings on the church campus not exceeding 39% of the complete church land area exclusive of rights-of-way of Villanova property being purchased from the City by Park Cities Baptist Church. Councilmember Holmes seconded, and the vote was unanimous to approve the ordinance. Mayor Pro Tem Davis then moved approval of the revised conceptual site plan for Planned Development District No. 29 for Park Cities Baptist Church stating that the landscape plan should show the location of the playground on the north side of the building and also the color of the playground equipment. Councilmember Holmes seconded, and the vote was unanimous to approve the site plan. ORDINANCE NO. 03/20 AN ORDiNANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, SO AS AMEND PLANNED DEVELOPMENT DISTRICT NO. 29, HERETOFORE GRANTED BY ORDINANCE NO. 02/33 FOR THE PROPERTY DESCRIBED AS LOTS 1-13, 14-26, BLOCK 75 OF UNIVERSITY HEIGHTS ADDITION OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, BY AMENDING SPECIAL CONDITION 3 (o) TO PROVIDE A MAXIMUM CUMULATIVE FOOTPRINT OF 39% OF THE 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 TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CONSIDER ORDINANCE ABANDONING PORTIONS OF NORTHWEST PARKWAY AND VILLANOVA DRIVE TO PARK CITIES BAPTIST CHURCH: The conceptual site plan, revised to reflect the requirements of the Planned Development ordinance, details a partial closure and reconfiguration of Northwest Parkway between Pickwick and Tulane. Additionally, a section of Villanova west from Tulane is needed for construction of the underground parking structure. These proposed improvements require that Park Cities Baptist Church request the City abandon the aforementioned rights-of-way to the church. The abandonment ordinance executes that abandonment and retains a utility easement along the Northwest Parkway segment. The City's policy for abandonment of rights-of-way requires the applicant pay fair market value for the property based on a current appraisal obtained by the City of University Park. The appraisal by Mr. C.E. "Chuck" Mullinax, MAI, Appraisals Brokerage & Construction Co., has been completed with portions of Northwest Parkway right-of-way at $190,000 and the Villanova right-of-way at $100,000 for a total of $290,000. Mayor Pro Tem Davis moved approval of the ordinance to abandon portions of the rights-of-way of Northwest Parkway and Villanova to the abutting owner, Park Cities Baptist Church, for a fair market value consideration of $290,000, retaining a utility easement in Northwest Parkway. Councilmember Roberts seconded, and the vote was unanimous to approve the abandoning ordinance. ORDINANCE NO. 03/21 AN ORDiNANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING PORTIONS OF THE STREET RIGHTS-OF-WAY OF NORTHWEST PARKWAY AND VILLANOVA DRIVE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO THE ABUTTING OWNER, PARK CITIES BAPTIST CHURCH, IN CONSIDERATION OF THE PAYMENT OF $290,000.00 AND DEDICATION OF AN UNDERGROUND UTILITY EASEMENT; 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. PUBLIC HEARING AND ORDINANCE REGARDING PROPOSED TAX RATE FOR FISCAL YEAR 2004 AND ADOPTION OF FY04 BUDGET, SALARY ORDINANCE AND TAX RATE ORDINANCE: Mayor Peek opened a public hearing. Councilmember Roberts noted that the tax rate has been reduced for the ninth year in a row. Even though there may be a tax increase, it is due to the fact that property values have risen. As there were no other comments, the Mayor closed the public hearing. The City's Employee Benefits and Finance Advisory Committees have reviewed the City Manager's proposed budget as presented to the Council on August 5, 2003. Each Committee recommended approval of the budget with no changes. The total budget of $32,053,536 is 4.67% higher than last year's $30,632.320 adopted budget. The Debt Service Fund is no longer needed, since all debt was retired in June 2002. The property tax rate is $0.32601 per $100 taxable value. There is no debt service portion of the tax rate. The proposed new rate represents a 1.0% nominal tax rate decrease and a 2.01% effective tax increase. The FY2004 salary plan is derived from the annual pay study conducted by Hay Management Consultants and the annual survey of area cities for police and fire positions. Overall, the plan includes a 3% increase in salaries. Total full-time headcount will be 239 employees, an increase of two from last year's adopted budget. Councilmember Holmes moved acceptance of the budget ordinance. Councilmember Shawver seconded, and the vote was unanimous to approve the FY2004 Budget. ORDINANCE NO. 03/22 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilmember Holmes moved approval of the salary ordinance. Councilmember Roberts seconded, and the vote was unanimous to approve the FY2004 salaxy plan. ORDINANCE NO. 03/23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK FOR FY 2003-2004, AND PROVIDING AN EFFECTIVE DATE. Councilmember Holmes moved approval of the FY2004 properly tax rate ordinance. Councilmember Shawver seconded, and the vote was unanimous to approve the ordinance adopting the FY2004 (tax yea~ 2003) property tax rate. ORDINANCE NO. 03/24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 2003-2004 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY PARK AS OF JANUARY 1, 2003, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENDITURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING AND ORDINANCE TO CONSIDER ADOPTION OF THE 20-YEAR- ANY-AGE OPTION UNDER TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS): Mayor Peek opened the public hearing. There were no comments from the floor, so the public hearing was closed. Under the city's current adopted plan; employees must have 25 years of service in TMRS in order to be eligible to retire. The proposed ordinance would change retirement eligibility to 20 years of service. The Employee Benefits Committee reviewed the proposed option and recommended it for approval. Councilmember Roberts moved approval of the ordinance. Councilmember Holmes seconded, and the vote was unanimous to approve the 20- year-any-age option under TMRS. ORDINANCE NO. 03/25 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. CONSIDER BIDS FOR CONSTRUCTION OF A 24" WATER MAIN ON UNIVERSITY BOULEVARD FROM CITY HALL TO THACKERY: The water main will be constructed along University Boulevard from City Hall east to Thackeray and north along Thackeray to Haynie. The existing water vault at the intersection of Thackeray and Haynie will be abandoned. Mayor Pro Tem Davis moved approval of the bid. Councilmember Holmes seconded, and the vote was unanimous to approve Project No. 43720 to North Texas Contracting in the amount of $680,520.00. There being no further business, the meeting was adjourned. PASSED AND APPROVED this 17th day of September 2003. ATTEST: Harold Peek, Mayor Nina Wilson, City Secretary DATE: TO: FROM: SUBJECT: AGENDA MEMO (09 -17 -03 AG E N DA) September 12, 2003 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider a request for the City to abandon certain utility easement at 3309 Colgate. Background. The attached letter from Robert W. Teeter, 3309 Colgate, requests that the City abandon part of the storm sewer easement that run along the east side of his property from Colgate south to the alley. The storm sewer is no longer in service, and the City has no future use of the easement. Mr. Teeter does not, at this time, desire the entire easement to be abandoned - just that portion on which his house encroaches. That area is approximately 240 square feet. He indicated that he needs to clear the encumbrance of the easement in order to refinance his home. I have attached a copy of the property survey, which details the easement. If the Council is amenable to the request, staff would work with Mr. Teeter to develop the "fair market value" and have the City Attorney write the enabling ordinance. Recommendation. Staff recommends City Council approval of Mr. Teeter's request to abandon part of the storm sewer easement that run along the east side of his property from Colgate south to the alley. ROBERT W. TEETER PAMELA S. GOURI,EY 3309 Colgate University Park, Texas 75225 Phot~e: (2 ! 4) 739-2446 Fax: (2!4) 739-6336 Mr. Bud Smallwood Director of Public Works 3800 University Boulevard University Park, Texas 75205-1711 Re** Dear Bud: Storm water easement at 3309 Colgate The area is small enough that I also request we agree on a valuation without incurring the expense ora formal appraisal. While the appraisal district assessment of the land (around $31.00 per square foot) is lower than the values you mentioned, I am sure we can agree on an appropriate number. Th~ you. Sincerely, Robert W. Teeter Pursuant to our conversation today, I respectfully request that the City modify the easement to exclude the 238.5 square foot area (3' x 79.5 ) sho n on the attached survey. -SURVEY PLAT COLGATE %' EAST ?~- 70.0' AVENUE ! LOT 26 22.9' LOT 24- DATE: TO: FROM: SUBJECT: AGENDA MEMO (09 -17 -03 AG E N DA) September 12, 2003 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider a request for the City to abandon certain excess street right of way at 3500 Turtle Creek Blvd. Background. Staff received a request from the property owner at 3500 Turtle Creek Blvd for the City to abandon excess right-of-way that might be available because of the realignment of the intersection. The street is being moved to the east, creating a very large parkway, and it is staff opinion that the City has no current or future use of the remaining triangular remnant. If the City Council is amenable to the request, staff would work with Hawkins-Wellwood Homes to have the parcel surveyed, develop the "fair market value" and have the City Attorney write the enabling ordinance. Recommendation. Staff recommends City Council approval of the request to abandon excess street right-of-way adjacent to 3500 Caruth. DATE: TO: FROM: SUBJECT: AGENDA MEMO (09-17-03 AGENDA) September 12, 2003 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider a request to donate a decorative street light to the City. Background. The attached letter from Jim Doster, 3200 Northwest Parkway, details a request that the City accept his donation of a decorative street light he installed along the Airline frontage adjacent to his property. He would then expect the City to operate and maintain the street light. I met with Mr. Doster and explained that, in my opinion, the City would not want own, operate, and maintain a light that is technically outside the corporate limits of the City - Mr. Doster lives in University Park, however, the Airline right-of-way belongs to Dallas. After considerable discussion, I was not able to deter his request, and I indicated that I would place the matter before the City Council for consideration. The City Attorney opined that the City of Dallas could accept the light, but that we have no right to accept a facility in their right-of-way. Recommendation. Staff recommends City Council not accept the street light from Mr. Doster. PERIOD POLE: My intent is to "gift" the period light standard to The City of University Park with the following conditions. {a} Doster Lighting Inc will push 1" conduit through the newly abandoned 8" water pipe under Airline free of charge. {b} Doster Lighting Inc will install meter hub, riser,utility style electric panel and heavy duty 3000 watt photo cell on utility pole behind 3201 Northwest Parkway in the alley free of charge. {c} City of University Park to saw cut, trench and open up abandoned water line for access at point nearest Carson utility pull box already installed just South of pole in the parkway. {d} City of University Park to saw cut, trench and open up abandoned water line for access at the alley. {e} Doster Lighting Inc will use #6 THHN to feed the 70 watt MHS period pole. {f} Alter completion the underground electrical, pole, and all components w/Il become the property of University Park; and shall be maintained by the city forever. {g} City of University Park will relocate the "City Limits" sign on to the period pole and eliminate ;ahe current sign pole. The above conditions would have a minimm financial impact on the city and should be approved without delay. Jim Doster 214-361-2155 jdoster@dosterlighting.com DATE: TO: FROM: SUBJECT: AGENDA MEMO (09-17-03 AGENDA) September 12, 2003 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Discussion of private utilities on public rights-of-way. Background. You are in receipt of a letter from Lev Prichard requesting that the City allow him to bury his aerial utilities (electric, cable TV, and telephone) across the alley right-of-way to his property. In a recent phone conversation, I informed Mr. Prichard that the City's policy for the public utilities is to provide aerial service for each customer to their home and/or accessory structure or to a pole on private property, from which the service can be buried to the structure. I explained that due to the condition of the City's infrastructure, staff is required to make emergency repairs (many times at night), without time to call for utility locates. We do not want the liability of someone being seriously injured by coming into contact with unmarked electrical service lines. Additionally, the alley rights-of-way are very narrow, with barely enough room for the public utilities. I informed Mr. Prichard that a few residential services were allowed to be undergrounded several years ago, however, after further evaluation, staff changed the policy to only permit aerial services on the City's right-of-way. Discussion. Staff recommends City Council support of the existing policy to require private utility services to be aerial only to the property line. Lev Prichard 3317 Amherst University Park, TX. 75225 Mr. Bob Livingston City Manager University Park City of University Park 3800 University Blvd. University Park, TX. 75205 Dear Mr. Livingston, Per our earlier phone discussions, I am writing this request to petition the city council on the subject of routing power utility lines under the alley to new construction. I plan to build a new home at 3612 Bryn Mawr which has the power utility poles on the opposite side of the alley as the new construction. I consider the current method of hanging a mid- drop line across the alley to the house unsafe for a variety of reasons. It would cross a basketball goal and driveway presenting an overhead obstacle to children playing. It also presents a problem to trees that grow near the lines. Additionally, this method is just not aesthetically pleasing. I have discussed this problem with Public Works Director, Bud Smallwood. He states that it is his policy not to place lines underground across the alley, but instead to place another telephone pole on my property, route the line to that pole, and then run the lines underground. While this solution does get the line across the alley and then underground, it would also present another obstacle close to my driveway. Additionally, it would be rather unsightly to my yard as well as my neighbors. It also presents an overhead obstacle problem for vehicles and trees. I really think the City of University Park should be working to reduce overhead utility pole lines, not increase them. My builder, Brad Ellerman, states there is precedence for running the lines under the alley. The city approved this method of construction at 3424 Marquette on an earlier project he built. I am told the city requires us to tear up a portion of the alley and rebuild it anyway in the normal course of construction. Mr. Smallwood states his concem is that city crews might accidentally hit the line digging in the alley on another project. This is a valid concem, which I think could be addressed quite easily during construction. We can clearly mark the lines crossing the alley by stamped warnings in the concrete, score marks, painted stripe, or even use reflectors. It also seems reasonable that the city could keep a record of its location as I am sure it does of other underground locations. With the location properly marked, I would think it impossible for work crews to accidentally dig where the line is located. Additionally, it would be easy to dig around the line for any future purpose because it would mn a straight line across the alley under a clearly marked location. Finally, I am asking the city council to decide on what future construction brings to University Park. We may not be able to locate all utility lines underground like most new subdivisions, but we could certainly reduce some of the overhead power-line clutter in the city. Thank you for this consideration. Please let me know when I should meet with the city council on this issue and I will arrange for myself or a representative to be there. My phone number is 214-739-2912. Sincerely, Lev Prichard DATE: TO: FROM: SUBJECT: AGENDA MEMO (09/17/03 AGENDA) September 10, 2003 Honorable Mayor and City Council Kent R. Austin, Director of Finance Resolution regarding CAPP signatory authority ITEM: University Park and 80 other member cities comprise CAPP, the Cities Aggregation Power Project. CAPP has solicited bids for electric service for the past two years and will do so again for 2004. Once bids are received, a response must be made within 24 hours. To facilitate this rapid turnaround, the CAPP Board has recommended that member cities authorize CAPP Chairman Jay Doegey (City Attorney for Arlington, Texas) to act on their behalf. RECOMMENDATION: Staff and City Attorney have reviewed the proposed resolution and recommend approval. ATTACHMENTS: 1. Memo from Geofl?ey Gay, 9/5/03 2. Resolution 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK21~AGENDA MEMO CAPP signatory 092004.doc 12:52 PM 09/12/03 LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. ATTORNEYS AT LAW 111 CONGRESS AVENUE SUITE 1800 AUSTIN, TEXAS 78701 ]Va-. Gay's DirectLhte: (512)322-5875 Email: ggay~lgl mvfmn, com TELEPHONE (512) 322-5800 TELECOPIER (512) 472-0532 www.lglawfirm.com MEMORANDUM TO: FROM: DATE: RE: CAPP Members Geoffrey M. Gay September 5, 2003 Resolutions Authorizing Signatory For 2004 CAPP Electric Services Ag reement First Choice Power has notified CAPP that it will not offer the price necessary to trigger the option for 2004 service under the electric services contract for 2003 signed late last year. Yesterday, the CAPP Board authorized the release of a new request for proposal from retail electric providers to serve CAPP's electric load in 2004. Since the current contract option was not exercised and a new contract must be prepared and signed, each CAPP member must designate an individual to sign a document committing the member's load to the new CAPP contract (most likely to be signed in October). Attached please find a model resolution for your consideration. This or a similar document must be passed during the next four weeks. The model places the authority to sign with the city manager or the city manager's designee. This year I encourage, with the CAPP Board's permission, each city manager to designate Jay Doegey, Chairman of CAPP, as the authorized signatory. If your city council is uncomfortable in authorizing your city manager to delegate to CAPP the power to sign the contract on the city's behalf, the model resolution can be modified by deleting the last phrase in the header and the next to last sentence in Roman Numeral I under "Be It Resolved..." Given the savings and the favorable terms and conditions that CAPP has achieved during 2002 and 2003, I am hopeful that most cities will find it expedient to trust the CAPP Board (consisting exclusively of city employees) and pass the model resolution in its current form. Please remember that the market expects 24-hour acceptance of an offer of a given price. If you intend to rely upon the city manager or other designated city employee to sign the contract, that person must be available during the mid to late October time frame for immediate consideration of the contract. 1813\00~nac~mno030905gmg My office will contact each city in the near future for an update on the timing of passage of an authorizing resolution and the name of the designated signatory. Please send a copy of the resolution upon passage to both the City Attorney's office in the City of Arlington and my office. Please feel free to call me if you have any questions. 1813\O0~nac~unoO30905gmg RESOLUTION NO. A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER PROJECT, INC. FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2004; AUTHORIZING ELIGIBLE DESIGNEES TO INCLUDE THE CHAIRMAN OF CAPP WHEREAS, the City of University Park, Texas (City) is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its more than 80 members in the competitive retail market; and WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity in 2002 and 2003 for its members; and WHEREAS, CAPP anticipates preserving current contract terms and achieving commodity prices in a contract for a 12 to 24 month period effective January 1, 2004 that continue to produce savings over the regulated price to beat (PTB); and WHEREAS, CAPP believes that the pricing opportunity window for favorable 2004- 2005 deliveries will be short-lived (in the October to mid-November time period) and that CAPP members must be able to commit contractually to prices within a 24-hour period in order to lock-in favorable prices; and WHEREAS, experiences in contracting for 2002-2003 demonstrated that Retail Electric Providers demand immediate response to an off'er and may penalize delay with higher prices; and WHEREAS, the deregulated electric market is complex, likely to penalize those unaware of its transmission constraints and likely to reward those who can improve the size and shape of the particular load to be served and the City benefits from jointly shared experience and collective purchasing power through CAPP; and WHEREAS, it is necessary for the City to contract for a supply of electricity for 2004 or at least partially revert to PTB rates; and WHEREAS, CAPP's current delivered energy prices provide savings when measured against PTB, and PTB rates likely will continue to remain higher than prices CAPP can achieve on behalf of the City. 1813\00~nac\oth03082 lgmg BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: I. That the City Manager or his designee is hereby authorized to sign an electric power agreement pursuant to the contract approved and recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation. The designee may include the Chairman of CAPP. The contract may be for a 12 to 24 month time frame. II. A copy of the resolution shall be sent to Mary Bunkley with the City Attorney's office in Arlington and Geofl?ey M. Gay, legal counsel to CAPP, before October 8, 2003. PRESENTED AND PASSED on this 17th day of September, 2003, by a vote of ayes and nays at a regular meeting of the City Council of the City of University Park, Texas. Mayor ATTEST: 1813\00~nac\oth03082 lgmg AGENDA MEMO (09 -17 -03 AG E N DA) DATE: TO: FROM: SUBJECT: September 12, 2003 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider Change Order #2 to the contract with Ken-Do Construction for replacement of curb & gutter along various streets. Background. The City Council approved a contract in the amount of $2,222,304.55 with Ken-Do Construction on 06.07.01 for replacement of curb & gutter (C&G) along various streets. Additional work was added on 07.30.02 via Change Order #1 in 2002 in the amount of $351,523.50. During the course of work on some of the thirty locations, field changes were necessary to correct site-specific problems. Several blocks of C&G were added as a result of citizen requests regarding standing water and their concern about the West Nile Virus. The attached exhibit details the previously approved locations as well as field changes recommended for Council consideration. Staff is mindful of the project budget and the statutory limits for change orders - not to exceed original contract by more than twenty-five percent. To that end, staff is presenting Change Order #2 to the Ken-Do contract in the amount of $115,736.16, which will amend the scope of work, in the following manner: · Addresses the field changes for work completed and for similar modifications on uncompleted locations. · Provides for additional locations resulting from citizen request. · Deletes several locations from the contract. Staff will include several locations on a project being prepared for bid solicitation. Attached to this memo are an exhibit detailing the C&G replacement locations on the original contract, those added by Change Order #1, and the changes recommended for Change Order #2. Recommendation. Staff recommends City Council approval of Change Order #2 to the contract with Ken-Do Construction in the amount of $115,736.16. 9/'i2/2003 C&G Project with Ken-Do Construction Proposed Change Order #2 Description Original Contract Change Order #'I CO #2 - Work Added CO #2 - Work Deleted CO #2 - Est Expected Overruns ~0 #2 - Overrun of Contract Quantities Subtotal Max Allowable Contract (by statute) Uncompleted Project Contract Cost Work $2,222,304.65 $351,523.50 $219,344.18 ($421,20075 $164,319.36 $153,273.39 $2,689,564.33 $2,777,880.81 $1,095,462.37 $123,182.50 $45,000.00 ($421 ~200 75) $164,319.36 $1,006,763.48 Expended to Date $1,267,131.07 $241,325.60 $174,344.18 $1,682,800.85 Deleted Work 37-3900 Amherst 2800 Dyer 36-3700 Granada 38-4000 Hanover Subtotal ($123,18250 ($29,04225 (S87,97125 ($I81~00475 ($421,200.75 Added Work 6700 Boedeker 4100 McFarlin 4400 San Carlos 6700 Williams Pkwy 4~00 Glenwick Caruth- TC Bird Intersection Subtotal $78,096.03 $4,749.20 $40,101.42 $3,749.93 $47,647.60 $45,000.00 $219,344.18 Change Order #2 $115,736.18 C&G REPLACEMENT LOCATIONS STREET FROM TO Original Contract Amherst Baltimore Bryn Mawr Caruth Centenary Dyer Glenwick Granada Granada Grassmere Greenbrier Hanover Hyer Larchmont Marquette Marquette Purdue Rosedale San Carlos Shenandoah Shenandoah Stanford Stanhope Thackery Rosedale University Blvd Windsor Pkwy Change Order #1 Windsor Pkwy Shenandoah Normandy Amherst Durham Lovers Lane Boedecker Tur[le Creek Blvd Thackeray Boedeker Preston Golf Hillcrest Westchester Preston Preston Preston Armstrong Baltimore Tur[le Creek Blvd Durham Thackery Preston Douglas Hillcrest Airline Armstrong Rosedale Thackery Golf Douglas Preston Armstrong Armstrong Tur[le Creek Blvd Aidine Hanover Airline Road Thackery Baltimore NCE Westwick High School Key Preston Douglas Baltimore Westchester Lomo Alto Pickwick Thackery Dickens Golf Armstrong Armstrong Auburndale Hillcrest Douglas Milton Golf Williams Pkwy Lomo Alto Douglas Roland Lomo Alto Tulane Add Add Add Add Change Order #2 Boedeker Hanover Southwestern Add McFadin Pretson Westchester Add San Carlos Armstrong Lomo Alto Add Williams Pkwy Universit~ Blvd McFadin Add Glenwick Pretson HS Parking Garage Add Caruth Tudle Creek Blvd (Intersection) Add Amherst Tudle Creek Blvd Tulane Delete Dyer Boedeker NCE Delete Granada Golf High School Delete Hanover Baltimore Preston Delete AGENDA MEMO (09/17/03 AGENDA) DATE: September 11,2003 TO: Nina Wilson FROM: Thom Hanford SUBJECT: Bid Tabulation ITEM: Bids were received to re-light three of the cities tennis courts. Through RFP DEPOT, 517 vendors received notice of the bid and 49 vendors viewed the bid. Out of those numbers only three vendors bid the project. Their bids are as follows: Lighting Specialist of Texas, Inc. Illuminations by Greenlee Genesis Electrical Systems, Inc. $66,627.00 $73,900.00 $99,890.70 Staff recommends accepting the bid Lighting Specialist of Texas. The bidder indicates that work could begin qulcldy at Curtis, Caruth and William tennis courts. Funds are available in the Capital Projects Account in the amount of $75,000.00. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK21\Tennis Cour[ Bid.doc 12:50 PM 09/1 DATE: TO: FROM: SUBJECT: AGENDA MEMO (9/17/03 AGENDA) September 12, 2003 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Location of Basketball Goal Structures in the Front Yard BACKGROUND: A letter was received from Kenneth Crumbley, of 2723 Daniel, regarding basketball goal structures located in the front yard. Mr. Crumbley was noticed earlier in the year for having permanently placed a basketball goal in the front yard of his property. He is asking that our ordinance be amended to allow for him, and others, to be able to have these type structures in the front yard. Section 8-608 of the Zoning Ordinance defines permitted accessory object in the required front yard in residential districts. Basketball goals are not included in this list of permitted objects. This subject was discussed by the Zoning Ordinance Advisory Committee (ZOAC) in 1990 and again in 1995. On both occasions, the Committee recommended that these permanent basketball structures not be allowed in the front yard setback. The Urban Design and Development Advisory Committee (UDADAC) made a similar recommendation in 1995 when it was asked to review the matter. At some point in time it was determined that this same provision in the Zoning Ordinance would not be enforced on "portable" basketball goals. As a result we have not been sending notices to those property owners with portable type goals. PUBLIC NOTICE: N/A RECOMMENDATION: It is the opinion of staff that no additional discussion is necessary on this subject, other than to possibly clarify in the Zoning Ordinance that permanent structures or goals are not allowed. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 August 12, 2003 Harold Peek Mayor 3800 University Blvd. University Park, TX 75205 Dear Mr. Peek My name is Kenneth W. Cmmbley and I live at 2723 Daniel in the University Park area. My children a~end Armstrong Seboo!. I live on a street that has 12 children. I spoke to Mr. Bud Smallwood, who recommended me to write this letter to you. Last year I looked up the requirements and codes of placing a basketball goal for my children and their friends to play with. I have spent $1800.00 to ensure the goal would be within the guidelines of the city codes. One of my friends who is an attorney, explained to me that the codes say I cannot put up a permanent structure. So, instead of having the goal concreted to the pole and ground, I had the goal placed with four bolts and screws. So, ifI needed to move this I could do so in about five minutes. My basketball goal is not a $90.00 to $200.00 setup that in 4 or 5 months later it looks terrible and falls apart. You can drive through University Park and see some of these for yourself. Mr. Peek, I would like for you to go to the City Council and get some kind of study about this basketball goal situation. I would like to know what looks good or bad with the code and a better understanding of this situation. Otherwise, I will have to unscrew my goal and take it down after my children get through playing with it every single time. My concerns are the same as yourself and all the University Park residents, which include the code, the looks, and the safety of our children Please allow us to keep our goal up so the children can play without any future problems. Sincerely yours, / DATE: TO: FROM: SUBJECT: AGENDA MEMO (9/17/03 AGENDA) September 12, 2003 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Driveway Construction Materials BACKGROUND: Article 3.600 of the University Park Code of Ordinances prohibits an "unpaved surface" in the front or side yard from being used for parking or storage of vehicles. It has been this department's interpretation that a gravel, crushed stone, or other similar loose material does not constitute a paved surface. The attached letter from Rusty Goff requests that the city look at this requirement in the context of some of our current impermeable surface issues to see if these type materials could be permitted in order to provide needed permeable square footage. PUBLIC NOTICE: N/A RECOMMENDATION: Staff would recommend that the Council ask the Zoning Ordinance Advisory Committee (ZOAC) to include this in the ongoing discussions regarding impermeable surface requirements. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City of University Park Building Inspection Dept. 3800 University Dallas, Texas 75201 Attn. t4r. Wade I~lcLarin Goff Custom Homes 2718 Fairmount St. Dallas, TX 75201 Phone: 214.651.6227 Fax: 214.651;6238 Dear Wade, As you are aware, T am currently building new homes in University Park at 3629 Colgate, 3830 Caruth and at 7701 Turtle Creek. ! will also be submitting building plans for a new home at 3549 Greenbrier in the next two weeks. All four of these projects are being constructed on oversized lots. lin each case, we are struggling with lot coverage ratios, which is surprising given the size of some of these lots. One of the suggestions that the city staff has made regarding these coverage problems is to construct a drive using a Pavestone type product. This product can be very expensive and unless constructed with a solid impervious sub base, will not hold up well. It is my understanding that the City will consider a Pavestone driveway as 50% coverage while a concrete drive is calculated with a :~00% coverage factor. Due to the way a Pavestone product should be installed, I think we are not accurately assessing the permeability of the two surfaces. However, ! have been asked by several of my client to construct a crushed granite driveway. We would construct concrete or stone borders to control and contain the crushed stone drive but would be truly constructing a beautiful drive that would still be a surface that the water could penetrate. T know from our previous telephone conversations, that the City has not allowed this type of drive in the last couple of years, but given the struggle that City Hall and the building community is having with these coverage issues, Z would ask that you reconsider this approach. I believe this approach will provide assistance with regard to water runoff as well as providing the home owner with an attractive alternative. Please let me know if you have questions and I will be happy to meet with any of your committees to discuss this idea further. Thank you in advance for your consideration and [ look forward to hearing from you. William R. Goff.lr. MEMORANDUM DATE: TO: FROM: SUBJECT: September 12, 2003 Honorable Mayor and Members of the City Council Bob Livingston, City Manager City Hall Flood Elevations and Plans As the Council is aware, we have been working for several years on alternatives to accomplish several goals for City Hall. Specific problems we are addressing include: · Improving drainage in order to lower the 100-year floodplain elevations for the area around City Hall, this reducing the possibility of the building flooding. · Provide space for the Fire Department to handle larger fire and MICU equipment, and for isolated areas to clean equipment that has been contaminated during medical runs. · Move fire personnel living and sleeping quarters close to the equipment so they will not be required to transverse three floors using either stairs or fire poles in order to respond to calls. · Provide sleeping and changing areas for both Police and Fire personnel of both sexes. · Provide Police Department personnel additional space for adequate briefing, meeting and locker facilities. · Provide a secure way to bring prisoners to and from jail rather than having them walk in public hallways and parking lots. · Provide an additional secure area for our combined police/fire dispatch center. The current facility is undersized and has ongoing security issues. · Move dispatch equipment into a location adjacent to dispatch so that operators have access to it when problems occur. Currently, the equipment is located on the 3rd floor and is inaccessible to them. · Provide centralized secure facilities for all computers, alarm and other equipment now located in various areas throughout the building. · Provide for a complete upgrade of electrical, HVAC, plumbing and security systems in the building, some of which are over 70 years old. · Provide adequate off street parking for employees and visitors rather using the streets surrounding the building. While there will be no specific action required on the part of the Council at this meeting, I did want to bring you up to date on the status of both the flood improvements and City 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK21\CITYHALL091103.doc 1:18 PM 09/12 Hall addition/improvement projects. However, I hope the discussion can accomplish the following: · Provide the Council an opportunity to discuss impacts of the proposed drainage improvements behind City Hall toward lowering the floodplain and reducing potential building flooding. · Provide the Council an opportunity to review improvements and additions to City Hall that address the issues outlined in the first part of the memo. At the conclusion, I hope we can agree to move forward with finalizing plans for the building renovation and bidding of the floodway improvements. If you have questions prior to the meeting, please do not hesitate to ask. cc: Department Heads 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings~nwilson\Local Settings\Temporary Internet Files\OLK21\CITYHALL091103.doc 1:18 PM 09/12