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HomeMy WebLinkAboutAgenda 03-21-06 Names TabsA G E N D A #2606 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, MARCH 21, 2006 AT 5:00 P.M. 4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW I.INVOCATION – Councilmember Harry Shawver II. PLEDGE OF ALLEGIANCE – Councilmember Harry Shawver/Boy Scouts III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V.AWARDS AND RECOGNITION RECOGNITION: Scott Marshall for Eagle Scout Project: Park Memorial and Monument Inventory VI. RECOGNITION OF BOY SCOUTS VII.ITEMS FROM THE FLOOR Anyone wishing to address an item not on the Agenda or having questions about items on the Consent Agenda should do so at this time. Questions and comments regarding Main Agenda items may be made when that item is addressed by the City Council. VIII.CONSENT AGENDA A.CONSIDER: Final payment to SYB Construction Co., Inc. for Water, Sanitary and Storm Sewer Improvements, Alley and Street Paving, and Change Order No. 1 for Water Improvements along Southwestern Boulevard, Project No. 46310 – Smallwood Tab I B.CONSIDER: Approval of City Council Meeting Minutes for March 7, 2006 – Wilson Tab II IX.MAIN AGENDA A.CONSIDER: Request from Park Cities Baptist Church to Use City Streets for 5K Run – Adams Tab III B.DISCUSS: Request from Venture Commercial to Allow Parking Along South Side, 4000 Block Wentwood – Smallwood Tab IV C.CONSIDER: Installation of Additional Snider Plaza Newsracks at Intersections of Hillcrest/McFarlin and Hillcrest/Asbury – Corder Tab V D.DISCUSS: Red Light Cameras – Adams Tab VI E.CONSIDER: Ordinance to Amend Code of Ordinances, Chapter 4, Article 4.100 Peddlers and Solicitors – Adams Tab VII F.CONSIDER: Award of Contract for Panasonic Mobile Data Computers for Public Safety Departments – Criswell Tab VIII G.DISCUSS: Changing Date for City Council Meeting from July 5 to July 6 – Livingston Tab IX As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into Closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda items listed herein. X. INFORMATION AGENDA Tab X REPORTS, BOARD AND COMMITTEE MEETING MINUTES A.BOARD OF ADJUSTMENT B.EMPLOYEE BENFITS ADVISORY COMMITTEE C.FINANCE ADVISORY COMMITTEE D.PARK ADVISORY COMMITTEE Minutes for February 14, 2006 E.PLANNING & ZONING COMMISSION Minutes for November 21, 2005, January 16, 2006 and February 20, 2006 F.PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE G.PUBLIC SAFETY ADVISORY COMMITTEE H.PUBLIC WORKS ADVISORY COMMITTEE I.URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE J.ZONING ORDINANCE ADVISORY COMMITTEE K.CAPITAL PROJECTS REVIEW COMMITTEE AGENDA MEMO (03/21/06AGENDA) DATE: March 16, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Eagle Scout Project - Park Memorial and Monument Inventory BACKGROUND: Since the 1930’s, various memorials have been installed within the 8 major parks of our park system. Unfortunately, very little documentation has been recorded regarding each memorial’s honoree and location. In an effort to inventory these memorials, staff has developed an Eagle Scout project which would document memorial names and locations at these 8 major park sites. During the March 21, 2006 City Council meeting, staff plans to review with the Mayor and City Council the recently completed Park Memorial and Monument Inventory Eagle Scout Project by Scott Marshall. RECOMMENDATION: Staff is recommending that the Mayor and City Council provide a Certificate of Appreciation to Scott Marshall for his efforts involving the Eagle Scout project. Staff plans to exhibit the Park Memorial and Monument Inventory document at City Hall with the Memorial Tree Program inventory booklet. ATTACHMENTS: None 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Council – HPID – Celebration 8 – Curtis park Pool Request 2-21-06 MINUTES #2606 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, MARCH 7, 2006, 5:00 P.M. Mayor Blackie Holmes opened the meeting of the City Council. Present were Mayor Pro Tempore Jim Roberts and Councilmembers Syd Carter, Kelly Walker and Harry Shawver. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION DEPARTMENT PINS: City Manager Bob Livingston presented a 30-year pin to Management Services Coordinator Fred Carroll, Facilities Maintenance Department, and a 10-year pin to Maintenance Technician Joe Ramirez, Utilities Department, for a total of 40 years of service to the city. ITEMS FROM THE FLOOR Mayor Holmes made a statement regarding the issue of underage drinking and parental responsibility in which he said, “Because of recent media coverage and interest lodged by several residents, I want to take a few minutes to address the dual issues of underage drinking and parental responsibility. I want to assure University Park parents, especially as we enter Prom season, the University Park Police Department has taken and will continue to take a no- tolerance stance regarding underage consumption. I also want to re-enforce that our police department will be aggressive in its approach to incidents where adults may have furnished alcohol for those underage. I also want to underscore that existing state law currently provides penalties for a Class C Violation or a Class A Violation that are more than sufficient. The penalty for a Class C Violation is up to $500 with no jail time. The penalty for a Class A Violation is up to a $4,000 fine and/or up to a year in jail if furnished or provided. In the weeks ahead, to make sure that all residents of this community are aware of the penalties regarding underage consumption and for those who would furnish alcohol to minors, we will detail the police department’s ongoing enforcement efforts in our community newsletter, The Arbor, and in the column space that our fine community newspapers allow us to use for such outreach efforts.” Mayor Pro Tem Roberts moved approval of the Consent Agenda. Councilmember Carter seconded, and the vote was unanimous to approve the following: CONSENT AGENDA PROCLAMATION DESIGNATING MARCH 16, 2006, AS ABSOLUTELY INCREDIBLE th KID DAY: Camp Fire USA commemorates its 10 annual Absolutely Incredible Kid Day as part of the celebration of children on this day, and adults are encouraged to send letters of appreciation to the young people in their lives. CONSIDER APPROVAL OF CHANGE ORDER TO IMAGINUITY INTERACTIVE, INC. FOR ENHANCEMENTS TO WEB SITE: One of the main areas of focus was the home page redesign. A keyword search capability is needed to help citizens locate information of interest in archived news articles. The requested changes added system design and programming time to the project and, therefore, generated the need for a Change Order in the amount of $6,750. CONSIDER APPROVAL OF BID #06-01, ANNUAL CONTRACT FOR LANDSCAPING SOILS: The Parks Department has visited the low bidders’ sites in order to make a determination on the quality of their products. The department recommends awarding professional landscape mix ($23.50 per cubic yard), top dressing material ($19.90 per cubic yard), and organic composts ($22.50 per cubic yard) to Living Earth Technology. GWG Wood Group was the low bidder for shredded cedar mulch ($17.50 per ton). The total amount of the bid is $14,540. CONSIDER RESOLUTION AUTHORIZING JOINT ELECTION CONTRACT WITH DALLAS COUNTY ELECTIONS DEPARTMENT AND PARK CITIES MUNICIPAL UTILITIES DISTRICT FOR ELECTION OF BOARD OF DIRECTORS AND CITY OFFICIALS, CITY CHARTER AMENDMENTS AND USE OF DIRECT RECORDING ELECTRONIC VOTING EQUIPMENT: The cost of the contract for Early Voting is estimated at $3,044.12 and Election Day at $1,625.17 plus an Election Services fee of $466.93 for a total of $5,136.22. RESOLUTION NO. 06-03 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN ELECTION SERVICES CONTRACT WITH DALLAS COUNTY ELECTIONS DEPARTMENT AND THE PARK CITIES MUNICIPAL UTILITIES DISTRICT FOR THE GENERAL MUNICIPAL ELECTION OF CITY OFFICIALS AND CITY CHARTER AMENDMENT ELECTION TO BE HELD ON MAY 13, 2006; PROVIDING FOR THE USE OF DIRECT RECORDING ELECTRONIC VOTING; AND DECLARING AN EFFECTIVE DATE. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: The minutes were approved for March 7, 2006. MAIN AGENDA CONSIDER AWARD OF CONTRACT WITH SEGA, INC. FOR 138 KV UNDERGROUND TRANSMISSION LINE FEASIBILITY STUDY: The awarding of t he contract will allow for a feasibility study to underground all existing aerial utilities along the entire route of the 138 kV transmission line. Three routes will be examined for an underground solution of the transmission line and underground solutions for existing aerial utilities in the existing location. The following items will be included as part of the analysis: design concepts depicting cross sections of the alternative routes for placement of all underground services and the necessary rights-of-way needed; preliminary cost estimates of the various alternatives for the underground solutions, including the costs of rights-of-way acquisition; and, in addition to the underground analysis, the study will explore moving only the transmission line to another existing TXU aerial corridor. A report will be presented to the City Council and Steering Committee summarizing the findings of the feasibility th study by the April 18 City Council meeting. Councilmember Carter moved approval of the General Services Agreement. Councilmember Shawver seconded, and the vote was unanimous to award the contract to Sega, Inc. for the 138 kV Underground Transmission Line Feasibility Study in an amount not to exceed $55,000. CONSIDER ORDINANCE FOR STREET NAME CHANGE FROM LOMA ALTO TO LOMO ALTO: Several spelling variations of the street have appeared in addressing databases used throughout city operations. Under the existing ordinance, the official street name is Loma Alto; however, the existing street signs read Lomo Alto. In addition, the Town of Highland Park uses Lomo Alto as the spelling on all street name signs within town limits. However, the City of Dallas is inconsistent with the spelling of Loma Alto to the north. The ordinance changes the spelling of Loma Alto to Lomo Alto. Councilmember Shawver moved approval of the ordinance. Mayor Pro Tem Roberts seconded, and the vote was unanimous to approve changing the name from Loma Alto to Lomo Alto. ORDINANCE NO. 06/04 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, CHANGING THE SPELLING OF THE NAME OF PORTIONS OF A STREET IN THE CITY TO LOMO ALTO; PROVIDING FOR THE ERECTION OF SIGNAGE; AND PROVIDING FOR AN EFFECTIVE DATE. DISCUSS ALTERNATIVE METHODS OF TRASH COLLECTION FOR PROPERTIES WITHOUT ALLEY ACCESS: This item was continued to the next city council meeting. CONSIDER APPROVAL OF TWO ADDITIONAL SCHOOL CROSSING GUARDS: The Hyer Elementary School PTA and Safety Chairman requested two additional school crossing guards for the intersections of Caruth and Pickwick and Colgate and Pickwick. In order to hire these two additional employees, it will be necessary to adjust the budget to include the salary and benefits for the two at a total of approximately $5,990.00 each or $11,980.00 for both. Councilmember Walker moved approval of two additional crossing guards for Hyer Elementary School. Councilmember Carter seconded, and the vote was unanimous to hire two additional crossing guards. CONSIDER APPROVAL OF PURCHASE OF PARKING ENFORCEMENT VEHICLE: This item was continued to the next city council meeting. DISCUSS REQUIREMENTS FOR INSET PARKING ALONG CITY STREETS: Mr. Matthew Dixon, 3448 Rosedale, spoke at the February 21, 2006 city council meeting on parking conditions on Hursey between Rosedale and Milton, noting that the inset parking on the west side of Hursey had been removed, which narrowed the street considerably. In accordance with the Code of Ordinances regarding inset parking, Chapter 3, Paragraph 3.600 (c) and, given the deteriorated condition of the existing inset parking on the west side of Hursey at the time of the reconstruction of the adjacent residential construction, Building Inspection Staff required the contractor to replace the inset parking with a standard curb section. The Council decision to enact the above-referenced ordinance some years ago came with a recommendation from the Urban Design & Development Committee with a desire to have more green space in the community and from staff citing safety issues with intermittent inset parking. Mayor Holmes moved that the item be sent back to the Urban Design and Development Committee for a more recent recommendation. Mayor Pro Tem Roberts seconded, and the vote was unanimous to return the item to the committee. CONSIDER FINAL PAYMENTS TO CATES, COURTNEY, & ROEBUCK, L.P. FOR UPGRADES TO TRANSFER STATION AT 2525 UNIVERSITY: Mayor Pro Tem Roberts moved approval of the final payment in the amount of $30,368.50 to Cates, Courtney, & Roebuck, L.P. for satisfactory completion of the upgrades to the sanitation transfer station. Councilmember Carter seconded, and the vote was unanimous to approve the final payment for the transfer station at 2525 University. DISCUSS CHANGING DATE FOR CITY COUNCIL MEETING AND DISCUSSION OF FINANCIAL DISCLOSURE STATEMENTS AND VIEWING OF VIDEO FOR OPEN MEETINGS: Councilmember Shawver moved that the city council meeting date be changed to Thursday, April 20, 2006 at which time the 138 kV transmission line feasibility study will be due, and the meeting for the council to view the open meeting video and receive an explanation of the Financial Disclosure Statements be changed to the second meeting in August. Councilmember Walker seconded, and the vote was unanimous to approve the change in both meeting times. TH DISCUSS REQUEST FROM PARK CITIES ROTARY CLUB REGARDING 4 OF JULY PARADE: The Park Cities Rotary Club would like to solicit contributions to its foundation by th having a sponsor for the 4 of July Parade. The fund is managed by the Communities Foundation of Texas, and 50% of the funds go to the Highland Park Independent School District and 50% to charities within the Park Cities. No action was taken. There being no further business, the meeting was adjourned. st PASSED AND APPROVED this 21 of March 2006. James H. Holmes III, Mayor ATTEST: Nina Wilson, City Secretary AGENDA MEMO (03/21/2006 AGENDA) DATE: March 10, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Park Cities Baptist Church Request to use City Streets for 5K Run Background/Analysis Park Cities Baptist Church has requested permission to use city streets for the purpose of holding a 5K run to be held on Saturday, June 3, 2006. The purpose of the run is to familiarize the community about the Church and to help raise funds benefiting the park at the Park Cities indoor/outdoor playgrounds for preschoolers at the new Community Life Center. The route will take the run south on Pickwick from the church to Bryn Mawr and then over to Tulane south to Amherst. It will then run east on Amherst to Turtle Creek and north on Turtle Creek to Villanova. At that point the run will run west back to Pickwick and end at the church. The run will begin at 8:00 a.m. and end at approximately 10:30 a.m. There will be an estimated 200 to 300 runners. The police department, although it has not been asked, will provide one or two police cars to escort the event for safety. Recommendation Staff recommends approval of this event. Attachments: Letter from Rodney Schell, Executive Pastor, Park Cities Baptist Church. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO-Park Cities Baptist Church 5K.doc 12:12 PM 03/13/06 AGENDA MEMO (03-21-06 AGENDA) DATE: March 15, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Consider request from Venture Commercial to allow parking along the south side of the 4000 block of Wentwood. Background. Pursuant to a request from Venture Commercial, property management agent for the Plaza at Preston Center, staff requested that traffic engineer Dannie Cummings review the viability of allowing parking along the south side of the 4000 block of Wentwood. His recommendation, as detailed in the attached letter, is to deny the request and allow no on-street parking along that block. Recommendation. Staff agrees that there is a need for additional parking for the retail center, but not at the risk of traffic safety. The developer must look at other alternatives to address parking needs. Therefore, staff recommends City Council denial of the request to allow on-street parking along the 4000 block of Wentwood. C&P Engineering, LTD. ?? Engineering Planning Surveying MEMORANDUM DATE: March 15, 2006 TO: Bud Smallwood, P.E. City of University Park FROM: Dannie Cummings, P.E. C&P Engineering, Ltd. Wentwood Drive RE: On-Street Parking At your request, we have conducted a field review of the section of Wentwood Drive between Preston Road and Pickwick Lane to ascertain the viability of allowing on-street parking. Wentwood Drive is a two-lane roadway that provides access to a surface parking lot on the south side of the street and to a surface parking lot and commercial properties on the north side of the street. The parking area on the south side of Wentwood creates pedestrian crossings along the full length of the Wentwood Drive study section. Currently, on-street parking is prohibited on both sides of the street. This section of Wentwood functions as a collector roadway in that it collects traffic from residential streets as well as adjacent parking lots and commercial land uses and delivers them to Preston Road. As a result, this section of Wentwood typically carries more traffic than a residential street. We recommend that the City not allow on-street parking on Wentwood Drive, but continue to maintain the no-parking restrictions. We base this recommendation on the following findings. This section of street functions as a collector rather than a residential street. The vehicular traffic volumes are higher on this section of street than those on a typical residential street. Vehicles parked on-street would create a visibility problem for vehicles exiting from the parking lot on the south side of Wentwood. There will be occasions of significant pedestrian crossings along this section of Wentwood. Vehicles that are parked on-street would create a visibility problem and a potentially unsafe crossing area as pedestrians walk from between parked vehicles. ?? 1801 Gateway Boulevard Suite 101 Richardson, Texas 75080 ? (972)644-2800 Fax (972)644-2817 AGENDA MEMO (3/21/06 AGENDA) DATE: March 16, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Snider Plaza Newsracks ITEM: In May, 2005, the City passed Ordinance 05/12 regulating the type and location of newsracks throughout Snider Plaza. Subsequently, the City installed modular newsracks in seven locations throughout Snider Plaza with a total of sixty-eight (68) individual locations available for publications. The pilot program for city owned newsracks defined the limits of the Snider Plaza retail district as any area south of Lovers, north of Daniel, west of Hillcrest, and east of Dickens. At the request of Council, staff has identified two areas outside the existing Snider Plaza retail district as candidates for modular newsrack installation. At the intersections of Hillcrest/McFarlin and Hillcrest/Asbury there are several independent newsracks that pose potential dangers to pedestrians and vehicular traffic, while also detracting from the overall aesthetics of the area. Staff requests Council approval to expand the city owned newsrack program to install newsracks at these two locations. Staff recommends installing fourteen (14) individual boxes at each location, for a total of twenty-eight (28) additional individual boxes. Due to the physical constraints of the locations, staff will seek the assistance of adjacent property owners in placing the city owned newsracks on private property. The purchase and installation of additional newsracks would cost approximately $20,000. RECOMMENDATION: Staff requests Council approval to proceed with the installation of additional newsracks at the intersections of Hillcrest/McFarlin and Hillcrest/Asbury. ATTACHMENTS: Photographs of proposed locations Photographs of Snider Plaza newsracks 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Newsracks Snider Plaza Expansion.doc 12:08 PM 03/16/06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Seltings\nwilson\Local Settings\Temporary Internet Files\OLK31\Newsracks Snider Plaza Expansion.doc 12:08 PM 03/16/06 ~~ 0,.;;.. ~.. ~ . "--. ~"-' ~ -- -- " - .. ....._~ --. - - .- 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documenls and Settings\nwilson\Local Sellings\Temporary Internel Files\OLK31\Newsracks Snider Plaza Expansion.doc 12:08 PM 03/16/06 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Seltlngs\nwilson\Local Settings\Temporary Internet Files\OLK31\Newsracks Snider Plaza Expansion.doc 12:08 PM 03/16/06 AGENDA MEMO (03/21/2006 AGENDA) DATE: March 10, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Discussion Item / Red Light Cameras Background/Analysis Red Light Cameras are now being used in several area cities in order to reduce the number of accidents caused by violations, as well as the number of violations. University Park has the opportunity to get on board in this public safety effort by joining with Garland, Texas, and A.C.S, a Dallas based company, to install red light cameras at pre-selected intersections. There will be no costs to the city for the equipment, or maintenance of the equipment. A set fee will be agreed to, between A.C.S. and University Park, and those fees will come for monies collected by violators and caught on the Red Light Cameras. A.C.S. has perfected their systems and offer digital video, as opposed to the less reliable VHS tapes. There will be no need to lay down loop sensors in the roadway, as A.C.S. has developed a stand alone sensor system. The addition of such cameras will assist the University Park Police Department in enforcing red light violations and in making our streets safer to travel. Keep in mind that traffic enforcement was one area the residents reported they wanted to see an increase in through the recent city wide survey. Recommendation Staff recommends approval of this project. Attachments: None. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Discussion Item Red Light Cameras.doc 3:51 PM 03/15/06 AGENDA MEMO (03/21/2006 AGENDA) DATE: March 15, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Amend City Ordinance Chapter 4, Article 4.100 Peddlers and Solicitors Background/Analysis Currently the City requires solicitors to apply for a permit with the University Park Police Department. A permit may be refused by the Chief of Police if an applicant has been convicted of a felony or misdemeanor involving a crime of moral turpitude. See attachment on crimes of moral turpitude, as defined by the Dallas County District Attorney’s Office. Because most of the applicants are from out of state, the process of completing an investigation in a timely manner is difficult, if not sometimes impossible. While computerized criminal records are useful, they generally are not complete. In most cases where an applicant’s criminal record indicates an arrest, there is no final disposition recorded and this requires my staff to make telephone calls to agencies to try to make a determination. In many cases, the records are not complete, the person who has the information is not available, or in some cases, we are unable to determine if there has been a final disposition. In a few cases, we find that the applicant is wanted out of state, generally in their home state, on a misdemeanor or non-violent felony warrant, but that state will not extradite for such minor offenses, such as theft. Theft is considered a crime of moral turpitude. In order to streamline the process, I am asking that the ordinance be amended so that the burden is placed on an applicant to provide arrest and conviction records at the time they submit an application. This would include date of arrest(s) and arresting agency. The applicant would be required to list all arrests and convictions, and provide a certified copy of any conviction when turning in an application for a permit. That information would be verified by the University Park Police Department. Certified copies of dismissals, an acquittal, or dropped charges would also be accepted. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO- solicitor permit changes.doc 3:46 PM 03/15/06 Recommendation Staff recommends that the current ordinance be amended to require applicants to provide the recommended information on arrests and convictions. Staff also recommends that permits not be issued to any person wanted by another agency in another state, where it shows the offense is above, or comparable with a Class C misdemeanor in Texas. Attachments: ? Memo from the Dallas County District Attorney’s Office defining crimes of moral turpitude. ? Amended ordinance as prepared by Rob Dillard, City Attorney. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO- solicitor permit changes.doc 3:46 PM 03/15/06 ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 4, ARTICLE 4.100 PEDDLERS AND SOLICITORS TO REQUIRE INCLUSION OF ARREST AND CONVICTION RECORDS; AUTHORIZING THE CHIEF OF POLICE TO DENY PERMITS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 4, Article 4.100, Peddlers and Solicitors, of the Code of Ordinances, City of University Park, Texas, is hereby amended by amending section 4.103, in part, as follows: "Sec. 4.103 Permits … (b)Permit Application Each application for a permit required by this section shall be in writing, under oath, and shall set out the following: … (7) Whether or not applicant has ever been arrested or convicted of a felony or a misdemeanor involving moral turpitude, including dates of all arrests, arresting agency, and final disposition for each, and applicant shall furnish with his application a certified copy of the judgment of conviction, dismissal, or acquittal, or other disposition of each case. … (f)Issuance of Permit. … The chief of police may also deny a permit if the applicant is wanted by another governmental agency in Texas or another state by an outstanding warrant issued for any offense that is above a misdemeanor punishable by fine only. …” 64687 SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. 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 4. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on st the 21 day of March 2006. APPROVED: ______________________________ JAMES H. HOLMES III, MAYOR APPROVED AS TO FORM: ATTEST: ______________________________ ______________________________ CITY ATTORNEY NINA WILSON, CITY SECRETARY (RLD/3-15-06) (64687) 64687 AGENDA MEMO (03/21/06 AGENDA) DATE: March 15, 2006 TO: Honorable Mayor and Members of the City Council FROM: Jim Criswell, Director of Information Services SUBJECT: Mobile Data Computer Upgrade – Public Safety BACKGROUND: In October 2001, the City implemented mobile computing in the Police and Fire vehicles. The added functionality gave the officers and firefighters the ability to control a call for service from inception to disposition, and to more accurately record the dispatch times related to the calls. It also provided a messaging capability, field reporting for reportable offenses, and additional officer safety by allowing state inquiries of vehicle license numbers and driver’s license numbers from the squad cars. Reduced radio traffic was another benefit of the system. The data traveled over a wireless communication network from AT&T using a technology called CDPD (Cellular Digital Packet Data). Since the mobile computing solution was implemented, HTE, the City’s Public Safety software vendor, has upgraded the mobile software twice, and the City has replaced the wireless network with Verizon’s high-speed EVDO (Evolution Data Optimized) technology, which is fast enough to allow video and mapping data to be transmitted to the vehicles. The only remaining pieces of the mobile computing infrastructure requiring an upgrade are the Panasonic CF-27 laptop computers and docking stations in the vehicles. These units are over 4 years old and the current versions of the mobile software require a faster computer with more capabilities. There are also issues with the current units maintaining a connection, particularly within the fire bays. RECOMMENDATION: The Information Services staff tested demo units from four ruggedized laptop computer vendors, Xplore, Walkabout, Getac, and Panasonic. The units were installed in both squad cars and fire vehicles and tested for at least a week. The SUBJECT: Mobile Data Computer Upgrade – Public Safety Page 2 Panasonic Toughbook CF-29 computer had the best performance, consistent connectivity, and was the most popular with the Police Officers and Firefighters. Since the desired product had been identified, the City utilized 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. Four vendors responded to a request for 20 Panasonic CF-29 Toughbooks, 20 car mounts, and 1 PDRC (Remote Screen for one Fire Vehicle). The results were: CDW-G $103,312 GTSI Corp. $106,435 Dartek $108,049 Portable Computer Systems $113,699 Staff recommends awarding the contract for Panasonic Mobile Data Computers to the low bidder, CDW-G for $103,312. The project was identified as a planned equipment replacement on May 30, 2003, and was approved by the Capital Projects Review Committee on December 5, 2005. Funds are available in the Capital Projects Fund. AGENDA MEMO (03/21/06 AGENDA) DATE: March 9, 2006 TO: Mayor and City Council FROM: Bob Livingston City Manager SUBJECT: DISCUSSION OF DATE CHANGE FOR CITY COUNCIL MEETING th As the 4 of July holiday falls on a Tuesday this year, we had moved the city council meeting to July 5. July 5 is on Wednesday when the Municipal Court convenes; therefore, I propose we move the city council meeting to Thursday, July 6 at 4:00 p.m. RECOMMENDATION: I propose changing the July 5 city council meeting date to Thursday, July 6, 2006. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 U:\Docs\Livingston\2006\CC Meeting Date Change in July.doc 4:30 PM 03/09/06 19 PARK ADVISORY BOARD MEETING MINUTES February 14, 2006 The-Park Advisory Board of the City of University Park met on Tuesday, February 14, 2006 at 4:00pm at City Hall, 3800 University Blvd., University Park, Texas. The following are the minutes of that meeting. Committee Members Attending: William Pardoe - Chairman Bruce Collins Liz Farley Julia Baltser Jacky Spears Staff Members Attending: Gerry Bradley - Parks Director Brent Jones - Urban Forrester Amber Lively - Administrative Secretary Absent & Excused: Darrell Lane Jim Roberts Mac Fuller Lucy McRae Call to Order The meeting was called to order by Mr. Pardoe. Approval of Minutes Mr. Pardoe asked for any comments on or changes to the January meeting minutes. There being no changes, Mrs. Spears moved to approve the minutes. The motion was seconded by Mrs. Baltser and approved unanimously by the Board. Reports 1. Tree Ordinance - Tree Preservation Ordinance Mr. Bradley began by giving Board members a brief recap on the background of the Tree Ordinance that was established in November 2005. The first step of the ordinance outlined a list of approved tree species that can be planted on public properties. In January 2006, Staff was asked to develop an expansion to the Tree Ordinance which would establish guidelines for the protection of trees both on commercial and private properties. Under the expanded ordinance, any tree which is at least 3" in trunk diameter is defined as a protected tree. To remove a protected tree, a permit must be obtained from the Building and Zoning department. Along with the filing of the removal permit, a tree replacement plan must be submitted and approved by the Parks Department. The filing of the permit will have a cost of $50.00. Any tree which is dead or diseased will be exempt from the ordinance as well as trees which are damaged by storms or high winds. The ordinance will cover all zoning areas both commercial and residential. Board members had many concerns regarding the expanded Tree Ordinance. These concerns included the cost for filing the removal permit, the size of what is defined as a protected tree and the cost of replacement trees. Board members feel that the ordinance is very restrictive and will not be well received by the public. Mr. Pardoe indicated that the Park Board has been approached before about developing a Tree Ordinance. But under both instances the ordinance was not approved. It is the recommendation of the Board that the issue be tabled until Staff seeks further counsel from the Mayor regarding the criteria for the ordinance. 2. Pool Rental Request The Park Department has received a request from the Celebration 8 Committee to use the Curtis Park Swimming Pool and Park area for their annual eighth grade graduation party. The event will be held on Friday, May 12, 2006. The group expects around 250 people to be in attendance. The Celebration 8 Committee will contact the Pool's Concessionaire, Bill Maxwell, to provide food and beverages for the event. It is the recommendation of Staff that the group be allowed to rent the facilities for their event. Staff feels that this event would help develop guidelines for future pool rentals and serve as a test run for the life guards, concessions, and pool operations. The fees that will be assessed will basically cover the cost of running the pool and having life guards and the pool manager on duty. The goal of this event is to promote a community service rather than to gain a profit. All Board Members present agreed that the event could be successful in determining future pool rentals. With this, the request of the Celebration 8 Committee was approved by all Board Members present. 3. Caruth Park Botanical Bed Mr. Bradley began by briefing members on the preliminary design for the Caruth Park botanical bed, the existing conditions and project goals. Staff would like Board direction on how to proceed with the design. Board Members offered opinions on the design for the botanical beds but did not reach any definite decision on what should be done. On the current design, members feel that the center bed is too large and will not allow a suitable entry way for approaching children. They also felt that the bed on the south end should be minimized. There is also concern that if a sign was placed on the center bed that it would not be seen from the street due to parked cars. It was also discussed that if a bed is going to be placed on the south end of the park, one should also be placed on the north to keep things symmetrical. Mr. Pardoe asked that Staff continue on with the design using the items that were mentioned in the meeting and report back to the Board with any new designs. 4. Germany Park Pumpina Station Mr. Bradley informed Board Members that the Public Works Department is close to bringing a design contractor on to move the Germany Park Pumping Station. With the move, there will be some available park land which Staff would like to use as additional youth soccer fields. Board Members raised a few questions regarding the installation of a dog park in this area. At this time Staff has no plans to construct a dog park and feels that neighboring residents would be highly opposed to having a dog park in the area so close to their homes. 5. Kerwin Memorial Mr. Bradley informed Board Members that a check has been sent and the statuary for the Kerwin Memorial has been ordered. The Kerwin family would like to see the memorial installed by April 1st due to the fact that Ann Kathryn's birthday is April th. Staff will work to try and complete the project by the desired date. Mr. Pardoe feels that the memorial bed will make a nice entrance for the west side of the park 6. HillcresULovers - Park Area Wall It is the recommendation of staff that a decision be reached by the Board as to what type of design and materials should be used for the wall which surrounds the park areas at Hillcrest and Lovers. It has been brought to Mr. Bradley's attention that the walls are in need of repair. $170k has been allotted for this phase of the project. With this being said, a decision must be made about the design firm that will be hired to complete the project. After completing four concept plans and attending multiple meetings with Staff regarding the design, Mr. Sims of Dunkin Sims Stoffels will no longer be working on the project unless the contract is amended. Julia Baltser and Bill Pardoe suggested that the project be put on hold and another architectural firm be approached for design services. All Board Members present agree that this is a good idea and an opportunity to start over on the project. ,--- For the next meeting of the Park Advisory Board meeting, Mr. Bradley would like to bring in four different architects to give them fifteen minutes for presentations of their work. This way the Board can be given ideas regarding design techniques and strategies Work in Progress Mr. Bradley included a brief outline of current projects being completed by the Parks Department. This information was included in the agenda packet mailed to board members. Adjournment There being no further business of the Park Board, the meeting was adjourned by Mr. Pardoe. Due to the next scheduled meeting of the Park Board falling on Spring Break week for the HPISD, it was decided that the meeting be moved to a later date. It was decided by all members present that the next meeting of the Board be held o~ Tues~~ch 28, 2006. L)~~ ~.~~ab William Pardoe, Chairman Date Park Advisory Board PLANNING AND ZONING COMMISSION UNIVERSITY PARK. TEXAS MINUTES November 21, 2005 The Planning and Zoning Commission of the City of University Park met on Monday, November 21,2005 at 5:30 P.M. in the City Hall Council Chambers, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Robert H. West - Chairman Doug Roach Randy Biddle H. Reed Shawver III Bill Foose .Ed Freeman Harry Persaud - Community Dev. Mgr Rob Dillard - City Attorney Sandy Perkins- Alternate Administrative Secretary Mr. West opened the public hearing and then read the specifics of the first case. PZ 11-17 Hold a public hearing and consider an Ordinance amending Section 28-107 of the Comprehensive Zoning Ordinance to provide fence requirements in the UC, 0, GR, RC, SC, C and PD districts. The Chairman, Mr. Bob West, stated that the ordinance allows for a 7 Foot fence for a 22,000 square foot tract of land in the UC-2 and UC-3 districts. Rob Dillard, City Attorney, interpreted the Ordinance to mean that it refers to anyone tract ofland located in both UC-2 and UC-3. Leon Bennett, SMU Counsel, was present on behalf of SMU because the property in question was within SMU. After some discussion, it was determined that the request refers to a tract that would be in either UC-2 or UC-3 and SMU was requesting the Ordinance be changed accordingly. A Motion was made and second that Section 28-107 be changed to include property in either UC-2 or UC-3; not the same property having to be in both districts. The Motion passed unanimously. The Chairman read the specifics for the next case. PZ-11-18 Consider a request by SMU to extend the use of the Temporary Athletic Facility. Leon Bennett, SMU Counsel, was available to answer questions. A Motion was made and second, and passed unanimously. The Chairman read the specifics for the next case. PZ-II-19 Consider a request by 3J Design for site plan approval for a proposed Drive- Thru Bank located at 6900 Snider Plaza. The site is zoned PD-I-R for general retail uses in accordance with the comprehensive zoning ordinance. Mr. Chris Boening representing 3J Design was available to answer questions. After Doug Roach inquired as to the name of the Bank, he said Wachovia. A traffic study was requested, and results distributed to the Commission, by the City and by 3J Design. 3J Design confirmed that 5 parking spaces would be added, and Staff confirmed that 5 spaces did meet the requirement. There was some discussion about a mandatory right turn from the site on to Rankin, but it was not noted by the traffic study. A question was raised by the Commission regarding landscaping requirement, but Staff noted that the property is mostly pavement and there is only minimal area for landscape, so no submittal on landscaping was requested. A Motion was made and second to grant the request. The Motion passed unanimously. The Chairman then asked for a Motion to approve the minutes of the September 19' 2005 Planning & Zoning Meeting. A Motion was made and second, and passed unanimously. There being no further business before the Commission, the meeting adjourned at 5:55 P.M. Approved by: /J f /}' /}f/~ :)j frL1- Jj 11 &d-1 Robert H. West, Chairman Planning & Zoning Commission Date /t,,,,,,- J-I ;2~Yos- PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES January 16, 2006 The Planning and Zoning Commission of the City of University Park met on Monday, January 16, 2006 at 5:00 P.M. in the City Hall Council Chambers, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Robert H. West - Chairman Randy Biddle H. Reed Shawver III Ed Freeman Harry Persaud - Community Dev. Mgr Rob Dillard - City Attorney Jennifer Deaver- Administrative Assistant Absent and Excused Doug Roach Bea Humann Bill Foose Mr. West opened the public hearing and then read the specifics of the first case. PZ 06-003 - Hold a public hearing and consider a request by Doug Connally and Associates Inc., representing the property owner, requesting a replat of Lot 7, Block D, University Annex Addition, being an Addition of the City of University Park, more commonly known as 3413 Granada Avenue. The replat will subdivide the lot into two single family attached lots located in Planned Development District PD-6 zoning district classification. A variance is not required for the approval of this replat. Mr. West inquired if the replat conformed to city regulations. Mr. Persaud stated yes, the replat conformed to city regulations. Mr. West inquired if there were any favoring/opposing correspondence Mr. Persaud stated there were none. Mr. West closed the public hearing. Mr. Freeman asked for a motion. Mr. Biddle moved to approve the request, with a second from Mr. Shawver the motion was approved unanimously 4-0. Mr. Freeman made a motion to approve the minutes with a second from Mr. Biddle, the minutes were approved unanimously 4-0 There being no further business before the Commission, Mr. West adjourned the meeting. Approved by: /;?u!~ tl:~ Robert H. West, Chairman Planning & Zoning Commission ~Lh / l 2tv// DJie ' PLANNING AND ZONING COMMISSION MINUTES February 20, 2006 The Planning and Zoning Commission of the City of University Park met on Monday, February 20,2006 at 5:00 P.M. in the Council Chamber of City Hall, 3800 University Blvd. University Park, Texas. The following are minutes of that meeting. Commission Members Attending Staff Members Attending Robert West - Chairman Doug Roach H. Reed Shawver III Bill Foose Randy Biddle Harry Persaud - Community Development Mgr. Jennifer Deaver - Administrative Assistant Rob Dillard - City Attorney John Gillette - Fire Marshall Present & Seated Ed Freeman Bea Humann Mr. West opened the public hearing and introduced the commission members. He then read the specifics of the first case. PZ 06-001 - F & S Partners Inc., representing Preston Road Church of Christ, requesting a zoning change from MF-2 to PD-28 zoning district classification for a tract of land situated on the South West Corner of University Blvd and Preston Road, and described as lots 2, 3 and 4 located in the Rhea Miller's Subdivision, in the City of University Park; and consideration of a detailed site plan for the amended PD-28 zoning district. The subject tract is zoned PD-28 and MF-2 and owned by the Preston Road Church of Christ. Mr. Persaud gave a brief power point presentation showing a slide of the existing site, zoning of the different areas and summarized the number of affected properties within and outside of the 200 ft. buffer of the proposed project. Mr. Mike Boone was introduced and voiced his support of the project. He stated he has been a member of the church since 1956. Bathroom and nursery facilities were added in 1972 but with 550 members and an average attendance of 450 members, a modern youth and educational facility, a bride room, a funeral parlor, an elevator for the handicap and additional parking are needed. He then stated that attendance drops because of the need for more parking, and that the property has been land locked for 60 years so the apartment building was purchased for the purpose of adding more room for parking. There are no new seats being added to the sanctuary therefore the proposed project would not impede the flow of traffic. He met with neighbors to attend to their concerns. Mr. Bob Shaw, F&S Partners, was introduced and made a brief statement in support of the project. He stated he met with several of the area neighbors in the fall to let them know there would soon be an improvement in the parking. In December, a fenced in playground area was completed. He stated that the duplex on the west side is used as a buffer. With driveway, Planning & Zoning Minutes 02/20/2006 Page 2 of7 landscaping and lighting problems, some parking would be scaled back. He then presented slides of the parking, preschool education facility, playground, and commons areas to illustrate the hardship, followed by a conceptual plan of the new building. Elizabeth Crow of Chase Thomas, was introduced and stated some facts. She stated that she met with Bud Smallwood to exhibit the traffic and parking needs, accumulation count and existing traffic volume. There was a 50% difference compared to the volume Monday through Friday. With these totals there was never any sum subtracted for the volume added from the apartment building or the duplex. She stated that 106 spaces are now available. Mr. West opened the public hearing and inquired ifthere were any favoring/opposing parties in the audience. Phillip Brosseau, owner / resident of 4122 University Blvd. came forward. He stated that he was in favor of the proposed project and would be pleased to rid the 30 unit complex that has been undeveloped since 1974. Carol Egan, owner / resident of 4128 Mcfarlin Blvd. came forward She stated she is directly adjacent to the church and is very aware of the parking situation. She has lived there for 14 years with husband Brian and two daughters. The area was all zoned residential when they purchased the property. Stated although her property value may increase, their enjoyment would decrease. She then stated that Mcfarlin would be a gateway for the parking lot and the cut through should raise concerns of safety. The buffer being considered on University also should be considered for Mcfarlin. She then urged the committee to consider a partial approval of this plan. Mr. Brian Egan, owner / resident of 4128 University Blvd., came forward. He presented the committee and the audience with slides of the area in question. He stated that the area is a dismantled residential block and that parking consumes 28% of the block and current use is only 3.5% of the week, $30,000 per space in loss of income. He demonstrated the use of the lot for large vans, trailers, and buses, with photos. He then stated that the lot was equivalent to 8.3 residential lots at 70.00 per square foot. He showed photos of some other churches in the city that he felt had a high rate of efficiency. The photographs consisted of University Park Methodist Church, which owns the entire block, Highland Park Presbyterian Church, which has generous setbacks, Park Cities Baptist, also owns the entire city block. He then urged the board to grant the PD-28 with out alternative parking. Nancy Sommerman, owner / resident of 4124 University, came forward. She stated that her home is across the street from the duplexes owned by the church, and that when these are removed she would have traffic in her front yard. She expressed concerns of safety from having no designated drop off point for the children's facility, noise pollution and a rebound of heat from the concrete. She then urged the committee to deny the request. Lori Busbee, owner / resident of 4126 University, came forward. She stated that half of her block is consumed with parked cars every week and believes that this lowers her property value. She then urged the committee to deny the request. Mr. West then closed the public portion of the hearing. Mr. Biddle asked Mr. Shaw to expound on the plans of the nursery and the fellowship hall. Planning & Zoning Minutes 02/20/2006 Page 3 of7 Mr. Shaw explained that there are meals served in the fellowship hall and a Mothers Day Out program in place and that there was currently not enough room to facilitate these activities. Mr. Biddle inquired if there were any plans to position speed bumps on the lot. Mr. Shaw stated that it could be added to the plans and that there were openings at both ends of the lot to allow a systematized flow of traffic as opposed to the apartment parking lot. No mention of speed bumps had been made thus far. Mr. Roach inquired if there would be sporting events and other activities on a weekly basis that would cause additional traffic issues. Mr. Shaw stated that there might be basketball events that would take place but there would be more room to accommodate them and it would not be on a weekly basis. Mr. West inquired if there could be improvements made on the Mcfarlin side such as shrubs or buffers. Mr. Shaw stated that the property line on Mr. Egans side could be addressed. Mr. West inquired if there would possibly be a wall put in place. Mr. Shaw stated that a fence could be considered with some landscaping to provide privacy. Mr. Foose inquired if there were spaces on the bottom row of the lot. Mr. Shaw stated yes, and that the lots on the bottom were narrower. Mr. Shawver inquired if there could be a buffer created between Mcfarlin and University with a fire lane that meets code. Mr. Shaw stated that by eliminating the 12 spaces at the bottom it would create a detriment to the attendance because it provides 1 space for every 3 sanctuary seats, gets cars off of the streets, and that this resolve would only have a diminishing return. Mr. John Gillette, Fire Marshall for the City of University Park, stated that University Blvd. comes straight down due to improvements on University Blvd. and stops, therefore leaving no room to turn around. He also explained that all walls must be 150 ft from fire lane. Mr. Foose inquired how much parking was available in the lot of the apartment complex. Mr. Shaw stated there are 2 parking spaces per unit totaling 20 spaces. The new lot will curve in a clockwise direction with a designated drop off point. He stated that the plan was strategically thought out and will eradicate issues of on street parking. This plan will also improve right lane turning and furthermore save trees. He agreed that there is a need for landscaping to conceal cars from neighboring views. Mr. Foose inquired if one row on the north end of the lot could be removed and 15ft landscaping added to the west side could the fire lane still be maintained and can a fence be added in order to Planning & Zoning Minutes 02/20/2006 Page 4 of7 screen headlight nuisance, after removal of the duplex. Mr. Shaw stated that the fire lane would not conform. Mr. Roach stated his stance that though he would like to support the church but using residential land for non residential use by bulldozing homes for the purpose of putting in a cement lot is objectionable. Mr. Roach stated that the church had been in place for several years and that on street parking is constituent of living in the city. Mr. Biddle stated that a redeveloped plan could possibly include continuous ownership of the duplex. Parking could be eliminated on the north side, move the fence back as far east as possible and add the landscaping to the neighboring side of the wall continuing the wall on the Egan's side ofthe property. Mr. West made a motion to table the issue until the March 6th meeting of the Planning & Zoning Commission, with a second from Mr. Roach, the motion was approved unanimously 5-0. Mr. West then read the specifics of the next case. PZ 06-002 - Lincoln Property Company, representing Highland Park lSD, requesting approval of an amendment to Planned Development District PO-17 to allow for a batting cage facility to be located on Douglas Avenue, North of and abutting the existing Seay Center. The subject tract is zoned PD-17 and owned by the Highland Park Independent School District. Mr. Persaud briefed the committee via a power point presentation showing a slide of the existing site, zoning of the different areas and summarized the number of affected properties within, and outside of, the 200 ft. buffer of the proposed project Mr. Bill Duvall, member of the Highland Park Sports club and resident / owner of 3117 Greenbrier, came forward in favor of the plan. He stated that he works closely with the Highland Park Athletics Department. He stated growth has caused a need for more facilities and the only feasible plan could be developed on Douglas Ave. He showed existing batting cages stating the proposed project would be half the height of existing cages. The new wall will match the Seay Tennis Center wall and will be solid to reduce noise levels. He stated there will be no access from the Douglas Ave. side. All athletes will access the facility from east side and this will also prevent noise upon entrance. Lou Kennedy, baseball coach for Highland Park High School, was introduced and made a brief statement in support of the project. He stated that this facility was needed due to growth of the program and that there were 3 teams of eager players with up to 55 kids practicing at a time, this facility he believes would aid in keeping pace with other programs. Mr. West inquired if the proposed facility would be equivalent in size of the existing cage. Mr. Kennedy stated yes with exception to the roof height, preventing noise from balls hitting the metal roof. Planning & Zoning Minutes 02/20/2006 Page 5 of7 Mr. West inquired ifthe facility was used year round or only in season. Mr. Kennedy stated that the facility was primarily used during season. Mr. Roach inquired if the proposed facility could be constructed near the existing facility. Mr. Kennedy stated there is not adequate space. Mr. Roach inquired if the proposed facility could be constructed near the maintenance area. Mr. Kennedy stated that it would not be possible. Mr. Biddle inquired if there was a cut offtime for use of these facilities. Mr. Kennedy stated the cut off time he believes is 9:00pm. and that was the time decided 14 years ago. Mr. West inquired if there was anyone to speak in favor ofthe proposed plan, none came forward. He then asked if there were any opposing parties that wished to speak. Mr. Marcus Hudman, owner / resident of 4300 Hyer, came forward to speak in opposition of the proposed project. With him, he displayed a large bag full of baseballs he has collected from homerun hits off of the neighboring baseball field. He stated he has repaired numerous windows over the 27 years he has resided here and he continuously gets no response when he calls to complain to the school administration. He then urged the committee to deny this plan. Mr. Bill Mead and Lisa Mead, owners / residents of 4301 Hyer, came forward to speak also in opposition of the proposed project. He elucidated his disappointment in the school system, stating that they have not put much consideration into the project and what effects this plan would have on the surrounding community. Approximately two (2) years ago he opposed a plan for the school board to allow Semi - professional leagues to utilize the fields until hours beyond reason. The district also considered leasing these fields to outside leagues for profit. He stated that the cut off time was agreed to be 11 :OOpm and they routinely go beyond that time. He stated that all athletic facilities are now used 365 days per year by students at all grade levels in the community. Neighbors are forced to tolerate this uncharitable activity and he feels it devalues the neighborhood. He agreed that students do deserve modern facilities but not at the expense of being a poor neighbor. Although the district made an effort at one point by starting a cleanup program following football games, it only lasted one game and never occurred again. He then presented a bag full of 53 baseballs that had been collected from his lawn over the past year. Using a metal baseball bat, similar to the ones used by students at the batting cages, he struck a piece of wood to emulate the noise that comes from the existing facility. Mrs. Mead, using the power point slide, then showed the audience and committee members that her children's bedroom windows face the east side where the proposed site would be. Stating that they had added a second level when remodeling and had to purposely exclude windows from the east side of the addition. Mr. Mead then urged the committee to deny this plan and consider the noise pollution, light pollution, trash pollution, and unsightly devaluation of neighboring properties. Planning & Zoning Minutes 02/20/2006 Page 60f7 Mrs. Maddy Hervey, owner / resident of 4309 Hyer came forward opposing the proposed plan. She stated that she has resided there for 35 years and has endures constant noise, lights and pollution but it is especially intolerable now. Her son lives on the other side of the tollway and can also hear the noise from the school yard. She then suggested the possibility of an enclosed batting cage or a wall to obstruct the light, stating that she could read a book at night sitting in her driveway. Rhonda McGowan, owner / resident of 4305 Hyer, came forward. She stated she opposes the plan for new batting cages because of noise, trash, and lights. She then urged the committee to deny the plan. Mr. West then closed the public hearing. Mr. Roach inquired if the facility could be sound proofed. Mr. Duvall stated that to sound proof the facility would mean air conditioning and would cost 2.5 times more money, which had been donated by citizens. He stated that the facility could be accessed from east side, preventing a fraction of noise and light pollution, and that the door on the west side is an emergency exit remains locked. A discussion ensued regarding the time that the facility is closed to the public. It was questioned rather this decision was made by the school board or the parks board Mr. Dillard inquired if the facility is accessible after this time, what is the earliest time it is used, and by whom. Mr. Kennedy stated that the facility is used sometimes as early as 5:30 am. A timer automatically turns off the lights at 9:00 pm. He also stated that it is used by other leagues as well as citizens. Mr. Dillard addressed the accessibi I ity of people using this facility outside of the proper times and the liability of them being capable to do so. Mr. Roach inquired if PD-17 or the area near Lovers Lane where the maintenance building could be used for the proposed project. Mr. Duvall stated there is just not enough room at either location, and the only viable area would be north of and abutting the existing Seay Center. Mr. West inquired if an enclosed facility was unfeasible, Mr. Kennedy stated no. Mr. West motioned to redevelop a better plan and table this item until the next Planning and Zoning meeting scheduled for March 20, 2006. With a second from Mr. Roach the motion was approved unanimously 5-0. Planning & Zoning Minutes 02/20/2006 Page 7 of7 Mr. West asked for a motion on the minutes from the January 16,2006 Planning & Zoning meeting. Mr. Foose moved to approve the minutes, with a second from Mr. Roach. The motion was approved unanimously 5-0. There being no further business before the Commission, Mr. West adjourned the meeting. Approved by: . a:~~ k:/ Robert H. est, Charrman Planning & Zoning Commission