HomeMy WebLinkAboutAgenda 05-19-04 Names Tabs.doc AGENDA
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CITY COUNCIL MEETING/WORK SESSION
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL CONFERENCE ROOM
WEDNESDAY, MAY 19, 2004 AT 7.'30AM
i. 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: Approval
of modification in salary ordinance to provide for
housing allowance for certain Department Directors electing to live in City -
Austin Tab I
CONSIDER: Pool Vendor Contract - Livingston Tab II
CONSIDER: Approval of City Council Meeting Minutes for May 4, 2004 -
Wilson Tab III
iii. MAIN AGENDA
A. CONSIDER; Bids received for reconstruction of'Lovers Lane, Hillcrest to
Willard - Smallwood Tab IV
B. DISCUSS: Commercial building heights ordinance in Snider Plaza,
Miracle Mile and General Retail Districts - McLaurin Tab V
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.
8:00-8:15AM:
EXECUTIVE SESSION FOR CONSULTATION WITH CITY
ATTORNEY REGARDING POSSIBLE LITIGATION UNDER
SECTION 551.071 OF THE TEXAS GOVERNMENT CODE
AGENDA MEMO
(05/19/04 AGENDA)
DATE:
TO:
FROM:
SUBJECT:
May 10, 2004
Honorable Mayor and Members of the City Council
Bob Livingston, City Manager
Approval of a Modification to the Salary Ordinance that Provides for
Payment of a Housing Allowance to Certain Department Heads Electing to
Live in University Park
Approval of the Ordinance would provide that an allowance of $500 per month could be
paid to the Fire Chief, Police Chief or Public Works Director if they elected to live in
University Park. The advantage of having any or all of these individuals live in the City is
fairly obvious. It would provide for easier availability and quicker response after hours as
well as extra eyes on our operations. Highland Park Independent School District has long
provided housing assistance for some employees for similar reasons.
RECOMMENDATION:
It is recommended that the City Council approve the proposed amendment.
ATTACHMENTS:
Ordinance incorporating the proposed amendment.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwils°n'UNIVPARK\L°cal Settings~Temporary Internet Files\OLK3\HOUSINGALL051004.doc 1:22 PM 05/10J
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING
ORDINANCE NO. 03/23 TO AUTHORIZE A HOUSING ALLOWANCE FOR THE
DIRECTOR OF PUBLIC WORKS, THE POLICE CHIEF, AND THE FIRE CHIEF FOR
RESIDENCE WITHIN THE CITY LIMITS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council believes it is in the public interest that certain key officers of
the City reside within the City limits, if possible; and
WHEREAS, the City Council wishes to offer a housing allowance to those key officers if
they elect to reside within the city limits; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. Ordinance No. 03/23, adopting a pay plan for employees of the City, is
amended by adding a new subsection lA to read as follows:
"lA Housing Allowance:
(a)
That an additional housing allowance of $500.00 per month will be paid to
the Director of Public Works, Chief of Police or Fire Chief, if the person
occupying any of such positions establishes a permanent residence within the
city limits of the City of University Park and notifies the City Manager in
writing of the establishment of such permanent residence.
(b)
If an officer has established permanent residence in the City and is receiving
the housing allowance provided for in subsection (a) above, and.
Subsequently, establishes a new permanent residence outside the city limits,
he or she will notify the City Manager in writing immediately, and such
housing allowance will thereafter be discontinued as to such officer."
SECTION 2. That any ordinance in conflict with the provisions of this ordinance is hereby
repealed.
SECTION 3. That this ordinance shall take effect immediately from and after its passage,
as the law and Charter in such cases provide.
Page 1
DULY PASSED by the City Council of the City of University Park, Texas, on the 19th day
of May 2004.
APPROVED:
HAROLD PEEK, MAYOR
ATTEST:
APPROVED AS TO FORM:
NINA WILSON, CITY SECRETARY
CITY ATTORNEY
(RLD/64754/5/10/04)
Page 2
AGENDA MEMO
(05/19/04AGENDA)
DATE: April 30, 2004
TO: Honorable Mayor and Council
FROM: Bob Livingston
SUBJECT: Pool Vendor Contract
After reviewing the status of the City's pool vendor contract, staff discovered that no
written agreement between the City and the current vendor existed. Therefore, a
proposed contract has been prepared for Council consideration.
The agreement gives exclusive right to Annaline, Inc., operated by Mr. Maxvill, to serve
food and beverage items at the city's pool. The contract requires the contractor to pay an
annual fee of $6,500 to the City no later than September 15th. Each subsequent year the
contract is renewed, the fee shall increase by an amount equal to the Consumer Price
Index for the Dallas/Ft. Worth metropolitan area.
Additional provisions of the contract include a requirement that the contractor obtain
general liability insurance and name the City as additional insured; a prohibition against
selling alcoholic beverages; and a clause allowing the City to cancel the contract for non-
performance with ten (10) days notice.
The contract term is for a period of one year, and will automatically renew each year
thereafter unless either side gives notice by February 15th.
RECOMMENDATION:
Staff recommends approval of the proposed contract with Annaline, Inc.
ATTACHMENTS:
Proposed Contract
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
C:\Documents and Settings\nwilson. UNIVPARK\Local Settings~Temporary Internet Files\OLK3~Vendor Contract 5 19 04.doc 9:35 AM 04/30J
STATE OF TEXAS §
COUNTY OF DALLAS §
AGREEMENT FOR SERVICES
AGREEMENT
This Agreement ("Agreement") is made by and between the City of University Park,
Texas, (hereinafter referred to as "City"), and Annaline, Inc. (hereinafter referred to as the
"Contractor").
WHEREAS, the City desires to engage the services of the Contractor as an independent
Contractor, and not as an employee, to provide food and beverage services for the University
Park swimming pool, on the terms and conditions provided in this Agreement;
WHEREAS, Contractor is qualified to provide these services;
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the parties agree as follows:
Article I
Term
This Agreement shall commence on May 19, 2004 ("Effective Date") and continue
until May 18, 2005, and shall be automatically renewed for additional terms of one year each,
unless otherwise terminated by one of the parties on or before February 15th prior to the next
renewal term.
Article II
Scope of Services
2.1 The Contractor agrees to provide the following services in accordance with the
terms and conditions of this Agreement:
(a) Contractor is granted the exclusive right and agrees to furnish food and beverage
services in the University Park swimming pool for the term hereof;
(b) Items for sale in the pool shall not include any alcoholic beverages;
(c) Contractor will furnish insurance as provided by this Agreement;
(d) Contractor agrees to pay the City, on or before September 15 annually during the
term hereof, an initial annual fee of $6,500.00 for the exclusive rights granted hereby, with
SERVICES AGREEMENT - Page 1 64390
an annual inflation adjustment of such fee based on the increase or decrease of the Dallas-
Fort Worth Metropolitan Statistical Area (MSA) regional consumer price index (CPI);
(e) Contractor shall operate the concession stand during the same hours as the pool is
open for operations unless inclement weather or other acts of God prevent normal
business operations and pool management is notified.
2.2 The Contractor shall provide the required services in accordance with all
the policies and procedures of the Parks Department of the City.
Article III
If Contractor fails to perform his obligations under this Agreement, the City may
terminate this Agreement upon ten (10) days' written notice.
Article IV
Devotion of Time; Personnel; and Equipment
4.1 The Contractor shall devote such time as is reasonably necessary for the
satisfactory performance of the duties under this Agreement. Should the City require additional
services not included under this Agreement, the Contractor shall make a reasonable effort to fit
such additional services into the time schedule without decreasing the effectiveness of
performance of duties required under this Agreement. However, the availability of additional
services is subject to the provisions for additional fees for additional services as discussed herein.
4.2 The Contractor shall furnish the tools, equipment, and supplies necessary to
perform the services required under this Agreement unless otherwise agreed by the parties in
writing.
Article V
Miscellaneous
5.1 Entire Agreement. This Agreement constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written or oral agreements between the parties
respecting this subject matter.
5.2 Assignment. Neither this Agreement nor any duties or obligations under it shall be
assignable by the Contractor without the prior written consent of the City. In the event of an
assignment by the Contractor to which the City has consented, the assignee or the assignee's legal
representative shall agree in writing with the City to personally assume, perform, and be bound by
all the covenants, obligations, and agreements contained in this Agreement.
SERVICES AGREEMENT - Page 2 64390
5.3 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the parties to it and their respective
heirs, executors, administrators, legal representatives, successors, and assigns.
5.4 Governing Law. The validity of this Agreement and any of its terms or provisions,
as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas;
and venue for any action concerning this Agreement shall be in Dallas County, Texas.
5.5 Amendment. This Agreement may be amended by the mutual agreement of the
parties to it, in a writing to be attached to and incorporated in this Agreement.
5.6 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect any other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never
been contained in it.
5.7 Personal Services of the Contractor. It is the intent of this Agreement to secure the
personal services of the Contractor or a duly authorized and competent representative or
representatives acceptable to the City. Failure of the Contractor for any reason to make the
personal service of such a person available to the City to the extent necessary to perform the
services required skillfully and promptly shall be cause for termination of the Agreement.
5.8 Indemnification. Each party shall release, defend, indemnify and hold harmless the
other party and its elected and appointed officials, agents, volunteers, and employees from and
against any and all damages, injuries (including death) property damage (including loss of use),
claims and losses, demands, penalties, suits, judgments and costs, including attorney's fees and
expenses, in anyway arising out of, related to, or resulting from the performance of the work and
caused by the negligence or intentional act or omission of such party, his or its agents, employees,
subcontractors, licensees, invitees, or other third parties for whom such party is legally responsible
(hereinafter "claims"). Each party expressly requires the other party to defend him or it against all
such claims.
5.9 Independent Contractor. It is understood and agreed by and between the parties
that the Contractor in satisfying the conditions of this Agreement, is acting independently, and
that the City assumes no responsibility or liabilities to any third party in connection with these
actions. All services to be performed by Contractor pursuant to this Agreement shall be in the
capacity of an independent contractor, and not as an agent or employee of the City. Contractor
shall supervise the performance of his services and shall be entitled to control the manner and
means by which his services are to be performed, subject to the terms of this Agreement. City and
Contractor understand that Contractor shall not be entitled to life or health insurance, sick leave,
vacation, longevity or other employee benefits, such as participation in the Texas Municipal
SERVICES AGREEMENT - Page 3 64390
Retirement System, which may be afforded to employees of City. City and Contractor agree that
Contractor shall be liable for any income taxes or FICA due to the Federal or State Government.
5.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other party or address as either party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
Bob Livingston
City of University Park
3800 University Blvd.
University Park, Texas 75225
If intended for Contractor:
William S. Maxvill
6948 Clearhaven Drive
Dallas, TX 75248
5.11 Insurance. Unless specifically waived by the parties, the following shall apply:
(a) Contractor shall during the term hereof provide and maintain in full force and
effect a policy of comprehensive commercial general liability insurance with an aggregate
limit of not less than $1 Million Dollars.
(b) All insurance and certificate(s) of insurance shall contain the following provisions:
(1) name the City, its officers, agents and employees as additional insured as to all
applicable coverage with the exception of Workers Compensation Insurance (unless
otherwise required by law); (2) provide for at least thirty (30) days' prior written notice to
the City for cancellation, non-renewal, or material change of the insurance; (3) provide for
a waiver of subrogation against the City for injuries, including death, property damage, or
any other loss to the extent the same is covered by the proceeds of insurance.
(c) A certificate of insurance evidencing the required insurance shall be submitted
prior to commencement of services.
EXECUTED this day of ,2004.
CITY OF UNIVERSITY PARK, TEXAS
CONTRACTOR
By:
Bob Livingston, City Manager
William Maxvill, Vice President
SERVICES AGREEMENT - Page 4 64390
MINUTES
#2411
CITY COUNCIL MEETING
CITY OF UNIVERSITY PARK, TEXAS
CITY HALL COUNCIL CHAMBERS
TUESDAY, MAY 4, 2004, 5:00 P.M.
Mayor Peek convened the council into an Executive Session at 4:02p.m.to discuss a
personnel matter and to receive advice from the City Attorney under Sections 551.071 &
551.074 of the Texas Government Code. The Executive Session was adjourned at
4:25p.m. No action was voted on or taken.
Mayor Harold Peek then opened the regular meeting of the city council. Present were
Councilmembers Jim Roberts, Harry Shawver and Blackie Holmes. Also in attendance
were City Attorney Rob Dillard, City Manager Bob Livingston and City Secretary Nina
Wilson. Mayor Pro Tempore Dick Davis was absent and excused.
AWARDS & RECOGNITION:
RETIREMENT: Mr. Moody Alexander, Committee Chairman of Elena's Children's
Park, announced that a plaque would be placed in the park to honor Director of Parks
Thom Hanford for his service to the city and the committee in the establishment of the
park. City Manager Bob Livingston commended Mr. Hanford on his 19 years of service
to the city and presented him with a gift from Mr. Marc Hall, owner of Amore's Italian
Restaurant, Peggy Sue BBQ and Cisco Grill and, also, a gift from Former Mayor Barbara
Hitzelberger. Mr. William Pardoe, Park Committee Chairman since 1985, commended
Mr. Hanford on the beauty and functionality of the parks achieved since his arrival 19
years ago. Councilmember Shawver presented a retirement plaque and gift to Mr.
Hanford from the city. Mayor Harold Peek expressed the gratitude of the city council for
his outstanding achievement in the design and maintenance of the city parks.
PRESENTATION FROM THE COMMISSION ON ACCREDITATION FOR LAW
ENFORCEMENT AGENCIES (CALEA) CERTIFICATION TO THE UNIVERSITY
PARK POLICE DEPARTMENT: The formal accreditation process was the culmination
of a 36-month program designed to improve delivery of law enforcement service by
offering a body of standards developed by law enforcement practitioners. The
accreditation program is a prestigious honor bestowed upon only 700 out of 17,500 law
enforcement agencies in the State of Texas. In order to receive accreditation, 444
standards must be met. Mayor Peek commended Police Chief Gary Adams and the
police department, and presented a Certificate of Appreciation to Chief Adams along
with the official certificate from CALEA. Chief Adams recognized Lt. Gerry Bishop,
who led the process for the accreditation and presented him with a Certificate of
Appreciation.
PRESENTATION OF INSURANCE SERVICE OFFICE (ISO) LETTER TO FIRE
DEPARTMENT: The City of University Park was recently notified by the ISO that its
Public Protection Classification rating would improve from a Class 4 rating to a Class 2
rating. The ISa is responsible for measuring the capacity of local fire departments to
respond and suppress fires. University Park's new public protection classification places
the city with very select company across the country. Of the nearly 45,000 jurisdictions
rated by Isa, only 310 received a Class 2 rating, placing University Park in the 99th
percentile nationally for fire protection classification. The direct benefit of a reduced Isa
classification to property owners in University Park is reduced premiums on homeowner
insurance. Premium savings will vary from insurance companies, property values and
policies, but the estimated savings on the average price of a University Park home
($717,626) is approximately $500 annually. The new Public Protection Classification
becomes effective in October. Mayor Peek presented Fire Chief David Ledbetter with
the official letter from Isa. ChiefLedbetter thanked the members of the fire department,
Director of Public Works Bud Smallwood and Communications Supervisor Denise
Rencher for their assistance, which resulted in the city receiving this honor.
Councilmember Shawver moved acceptance of the Consent Agenda. Councilmember
Holmes seconded, and the vote was unanimous to approve the following:
CONSENT AGENDA
CONSIDER RESOLUTION AND APPROVAL OF AMENDMENT TO
EMPLOYMENT AGREEMENT FOR CITY MANAGER BOB LIVINGSTON:
Approval of the items will create a 40lA deferred compensation account and provide a
vesting schedule that provides incentives for the city manager to work until age 65.
CONSIDER FINAL PAYMENT FOR RECONSTRUCTION OF VASSAR DRIVE
FROM LOVERS LANE TO TURTLE CREEK BOULEVARD TO REBCaN, INC.,
PROJECT NO. 42720: Payment will be in the amount of $33,551.14 for work performed
and materials furnished. The project included the 6800-7000 blocks of Vassar Drive,
3500 block of the Greenbrier/Caruth Alley, 3100 block of the Caruth/Colgate Alley, 2800
block of Dyer, and emergency repairs on Hillcrest.
CONSIDER FINAL PAYMENT FOR WATER, SANITARY SEWER
IMPROVEMENTS AND ALLEY PAVING TO NORTH TEXAS CONTRACTING,
INC., PROJECT NO. 46700: Payment will be made in the amount of $39,638.54 for
work performed and materials furnished for the construction. The project included the
3200-3400 blocks of the Marquette/Colgate alley, the 7700-8100 blocks of Hillcrest and
the 8000-8400 blocks of Airline.
CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For April 21,
2004.
MAIN AGENDA
DISCUSSION OF RESPONSIBILITY FOR REPLACEMENT OF SIDEWALKS ON
PUBLIC RIGHTS-OF-WAY: Ms. Judith Patterson addressed the City Council at the
April 6, 2004 meeting with a request to amend Section 3 of the Code of Ordinances,
which places the responsibility for repair or replacement of public sidewalks on the
abutting property owner. The overall emphasis of her request was for the City to take
over that responsibility and establish a sidewalk maintenance and replacement program.
The city's sidewalk system represents an investment of approximately $15 million. The
cost of developing an annual program is somewhat subjective; however, staff estimates
the cost at approximately $750,000. The annual impact of a program of that magnitude on
the tax bill of the average single-family residence would be approximately $115.
Councilmember Holmes moved the issue of the responsibility for replacement of
sidewalks on public rights-of-way be deferred to the Public Works Advisory Committee
for discussion. Councilmember Shawver seconded the motion and the vote was
unanimous to defer the matter.
CONSIDER REQUEST FROM SHAVED ICE HUT TO SELL IN THE CITY'S
SWIMMING POOL THIS SUMMER: On April 6, 2004, the city council considered a
request from Mr. Nick Mesec regarding a business proposal to sell shaved ice at the city's
swimming pool. Mr. Mesec is a junior at Highland Park High School and is trying to
establish a summer business. Approval of the proposal would allow Mr. Mesec to sell
shaved ice during the summer swimming season in return for a city fee. The item was
tabled at the April 6th meeting to determine the status of the city's agreement with the
current vendor, Mr. Bill Maxvill. Mr. Maxvill operates the concessionaire service out of
a permanent facility located at the pool. This item was also briefly discussed and tabled
during the April 21, 2004 council meeting. As the city is satisfied with the current
service provided by the vendor and the space at the pool is limited, allowing an additional
facility would further congest the area for pool patrons. In addition, the patrons of the
shaved ice hut would be limited to those individuals who also purchase admittance into
the pool. To serve other customers, the shaved ice hut would need to be located outside
of the pool facilities, and current city code does not permit such activity. Councilmember
Holmes noting the space availability in the pool was very limited and that the present
vendor has been conducting business at the pool since 1977 and meets the present needs
of the pool area, moved the council vote against the request, but commended Mr. Mesec
on his presentation. Councilmember Roberts seconded, and the vote was unanimous to
deny the request to sell shaved ice in the city's swimming pool arena.
PASSED AND APPROVED this 19th day of May 2004.
ATTEST:
Harold Peek, Mayor
Nina Wilson, City Secretary
AGENDA MEMO
(05-19-04 AGENDA)
DATE:
TO:
FROM:
SUBJECT:
May 10, 2004
Bob Livingston
City Manager
Gene IR. Smallwood, P.E.
Director of Public Works
Consider bids received for reconstruction of Lovers Lane, Hillcrest
to Willard.
Background. Through an interlocal agreement, University Park and Dallas
propose to reconstruct Lovers Lane from its intersection with Hillcrest to a point
about 100 feet east of Willard. That agreement calls for University Park to
develop the plans and specifications, solicit bids, and provide construction
administration for the project. Dallas will reimburse University Park for the work
done within their corporate limits.
By separate contract, SYB Construction has been installing new water and
sanitary mains within the aforementioned limits. They should be finished with
most of the work east of Hillcrest prior to the paving contractor's arrival. In any
event there should be no conflict of work zones.
Discussion. Bids will be received on Monday, 05.17.04, and a tabulation
of those bids will be provided at the City Council on Wednesday, with a staff
recommendation for award. Funds for the Lovers Lane reconstruction are
authorized in the Capital Projects Funds as project 42730.
Staff will also present the Public Works Advisory Committee's recommendation
for detouring traffic on the project.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
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05 19 04 (2).doc 1:31 PM 05/10/04
AGENDA MEMO
(5/19/04 AGENDA)
DATE:
TO:
FROM:
SUBJECT:
May 13, 2004
Honorable Mayor and City Council
Wade McLaurin, Building & Zoning Administrator
Commercial Building Heights
BACKGROUND:
After receiving direction from the Council in April, staff asked the City Attorney to create an
ordinance which would amend the allowable building heights in Snider Plaza, the Miracle Mile,
and the General Retail Districts. The attached memo describes the changes that would take place
in each district. These changes are a result of concerns over the current allowable building heights,
and from input given by the City Council, Planning & Zoning Commission, and commercial
property owners. If these changes meet with the approval of the Council, staff will place the
amending ordinance on the June Planning & Zoning Commission Agenda, and will bring the item
back to the City Council for formal approval in July.
PUBLIC NOTICE: N/A
RECOMMENDATION:
Staff is asking for comment from the Council on the wording of the proposed ordinance, and that
this item be directed to the Planning & Zoning Commission for a recommendation.
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
MEMORANDUM
TO:
Bob Livingston, City Manager
FROM:
Wade McLaurin, Building and Zoning Administrator
DATE: May 7, 2004
SUBJECT: Allowable Building Heights in the General Retail Districts (GR), Snider Plaza,
and the Miracle Mile
As you requested, the City Attorney has provided drafts of amending ordinances that will change the
allowable commercial building heights in the following situations:
· General Retail Districts (GR) - Section 1 of the new ordinance
The Planning & Zoning Commission recommended that the current allowance of forty (40)
feet, plus an additional ten (10) feet for equipment and screening, be reduced to an overall
maximum height of forty (40) feet. After receiving input from commercial property owners
along Preston Road, the Council asked staff to determine if additional heights could be
granted along Preston Road for those properties not adjacent to residential districts, in
exchange for additional building setback. The Council felt that since this setback trade-off is
currently allowable in residential districts, making a similar allowance here would not be
detrimental to surrounding properties. The submitted ordinance allows for an additional one
(1) foot in height (above 40 ft.) for every additional one (1) foot of setback beyond the
building line, with a maximum height of fifty (50) feet. This provision is only applicable for
those properties that are not adjacent to residential districts.
· Snider Plaza (PD-1-R) - Section 2 of the new ordinance
Currently, the wording for PD-1-R allows a maximum height of four (4) stories, which both
the City Council and the Planning & Zoning Commission determined was unacceptable. P&Z
recommended a maximum height of forty (40) feet for all new construction in the Plaza, but
after receiving comment from many of the property owners, the Council asked staff to work
with Taylor Armstrong in creating an alternative solution. The attached ordinance provides
for a maximum height of forty-one (41) feet to the roof, with an allowance for an additional
four (4) feet for equipment and screening. In addition, maximum wall heights, which may be
unique based on the overall design of the building, will result in new buildings with sloping
roofs along Snider Plaza Blvd. The intent of this ordinance is to describe the envelope of
retail buildings in Snider Plaza and to allow three floors of occupiable space, which has been
the primary concern of the commercial property owners there.
· The Miracle Mile (PD-2-R) - Section 3 of the new ordinance
The Planning & Zoning Commission recommended that the current allowable height of two
(2) stories within the PD-2-R district, be amended to allow a maximum height of twenty-six
(26) feet, with an additional nine (9) feet allowed for equipment and screening. No concerns
have been expressed regarding this recommendation; therefore the new ordinance keeps these
height figures as they were originally approved.
Although the Planning & Zoning Commission has made recommendations on each of these districts,
new public hearings before the Commission will be necessary as a result of the changes to the height
regulations for Snider Plaza and the General Retail districts. In both cases, the attached ordinance
provides new height regulations which are technically, "less restrictive" than those approved by P&Z.
Once the Commission has had a chance to hear and make a recommendation on the latest
amendment, this ordinance will be brought to the City Council for approval.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING
SECTION 18-800 TO REGULATE THE HEIGHT OF STRUCTURES IN THE
GENERAL RETAIL (GR) DISTRICT; AMENDING PLANNED DEVELOPMENT
DISTRICT-l-RETAIL (SNIDER PLAZA) TO REGULATE THE HEIGHT OF
STRUCTURES; AMENDING PLANNED DEVELOPMENT DISTRICT-2-
RETAIL (MIRACLE MILE) TO REGULATE THE HEIGHT OF STRUCTURES;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of University Park
and the City Council of the City of University Park, in compliance with the laws of the
State of Texas with reference to the granting of zoning classifications and changes, have
given the requisite notices by publication and otherwise, and have held due hearings and
have provided a full and fair hearing to all property owners generally, and the City
Council of the City of University Park is of the opinion and finds that said
Comprehensive Zoning Ordinance should be amended; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
UNIVERSITY PARK, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park,
Texas, be, and the same is hereby, amended by amending Section 18-800 to read as follows:
"18-800 HEIGHT REGULATION
The maximum height allowed for any structure, including air conditioning equipment,
cooling towers, chimneys, radio and television antennae and vent stacks, shall be forty feet (40'),
provided however, that on a tract adjacent to property zoned for nonresidential uses only, the
maximum height allowed, including any of such additional items, shall be fifty feet (50'),
provided that for each one foot increase in height above forty feet (40'), the exterior wall of the
building shall be set back an additional one foot from the adjacent building line. "Adjacent" in
55318
this section shall mean contiguous, or separated by not more than an alley easement not
exceeding fifteen feet (15') in width."
SECTION 2. That the Comprehensive Zoning Ordinance of the City of University Park,
Texas, be, and the same is hereby, amended by amending the height restrictions of Planned
Development District-1-Retail (Snider Plaza), as heretofore amended, to read as follows:
"Except as otherwise provided in this section, the maximum height allowed for any
structure, including air conditioning equipment, cooling towers, chimneys, radio and television
antennae and vent stacks, shall be forty-one feet (41') from the finished first floor to the roof,
provided that the floor area ratio to site area in any one unit shall not exceed 3:1 and provided
further that the total floor area shall not exceed the area resulting from multiplying the available
off-street parking spaces by 300. All buildings exceeding twenty feet (20') in height shall be set
back a minimum distance of one-half (1/2) the building height above grade as measured from the
center of the adjacent alley or street, except in no case need such setback exceed thirty-five feet
(35').
A building may be constructed with a pitched roof, with a maximum pitch of twelve
inches (12") in a run of twelve inches (12"), or 12:12, extending from a soffit height no more
than two feet (2') above the finished third floor line to a maximum parapet height four feet (4')
above the finished roof. This sloping roof may be penetrated by dormers covering a maximum
of fifty per cent (50%) of the building frontage, with no individual dormer being greater than six
feet (6') in width, nor higher than twelve feet (12') above the finished third floor line. See
illustration"
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SECTION 3. That the Comprehensive Zoning Ordinance of the City of University Park,
Texas, be, and the same is hereby, amended by amending the height restrictions of Planned
Development District-2-Retail (Miracle Mile), as heretofore amended, to read as follows:
"The maximum height allowed for any structure, not including air conditioning
equipment, cooling towers, chimneys, radio and television antennae and vent stacks, shall be
twenty-six feet (26'), provided that an additional nine feet (9') of height shall be allowed for any
of such items or a parapet wall for the screening thereof from public view."
SECTION 4. All ordinances of the City of University Park in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 6. That any person, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty
of a misdemeanor and, upon conviction in the municipal court of the City of University Park,
Texas, shall be punished by a fine to exceed the sum of two thousand dollars ($2,000.00) for
each offense, and each and every day such violations shall continue shall be deemed to constitute
a separate offense.
SECTION 7. 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.
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DULY PASSED by the City Council of the City of University Park, Texas, on the
day of _, 2004.
APPROVED:
HAROLD PEEK, MAYOR
ATTEST:
NINA WILSON, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(RLD/05/07/04)
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