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HomeMy WebLinkAboutAgenda 05-19-04 Names Tabs.doc AGENDA #2412 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 C:\Documents and Settings\nwilson. UNIVPARK\Local Settings\Temporary Internet Files\OLK3~AM Lovers Lane Pavmt Bids 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" 55318 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. 55318 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) 55318