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HomeMy WebLinkAboutAgenda 06-01-04 Names Tabs.doc AGENDA #2414 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JUNE 1, 2004 AT 5:00 P.M. 4:00- 5:00 P.M. WORK SESSION FOR AGENDA REVIEW I. INVOCATION - City Attorney Rob Dillard II. INTRODUCTION OF STAFF - City Manager Bob Livingston III. AWARDS & RECOGNITION: COMMENDATION: To resident who alerted police department to burglary of neighbor's home - Adams Tab I RETIREMENT PLAQUE: Agustin B. Carbajal, Gardener II, Park Department, 18 years of service to the City of University Park DEPARTMENT PINS: Robert Rogers, Utilities Superintendent, 15 years of service and Jacob Speer, Assistant to Director of Public Works, 5 years of service to the city RECOGNITION: Texas Higher Education Authority Board Members for their service to the city - Austin Tab II IV. 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. Vo CONSENT AGENDA A. CONFIRMATION: Jim Roberts as Mayor Pro Tempore B. CONSIDER: Resolution authorizing Purchasing Agent to execute an agreement with Bank One for travel cards - Green Tab III C. CONSIDER: Approval of city council meeting minutes for May 19 & 24, 2005 - Wilson Tab IV VI. MAIN A. AGENDA CONSIDER: Ordinance abandoning Dyer right-of-way from Airline to Dublin to Southern Methodist University - Smallwood Tab V CONSIDER: Request to waive fee for use of Curtis Park by University Park Elementary School PTA - Livingston Tab VI CONSIDER: Ordinance abandoning excess right-of-way at 7901 Turtle Creek Boulevard - Smallwood Tab VII H. J. CONSIDER: Ordinance to amend PD-2-R, 4520 Lovers Lane, Park Cities Animal Hospital, to allow a 16' addition- McLaurin Tab VIII CONSIDER: Ordinance to rezone 5801 Hillcrest from MF-2 to MF-3 - McLaurin Tab IX CONSIDER: Ordinance amending FY2004 budget to transfer $2.2 million from General Fund and $1.25 million from Utility Fund to Capital Projects Fund - Austin Tab X DISCUSS: Establishment of cable TV franchise renewal advisory group - Austin Tab XI CONSIDER: Approval of nominations for boards and committees - Holmes Tab XII CONSIDER: Changing the Wednesday June 16th city council meeting to Friday, June 18th -- Livingston Tab XIII CONSIDER: Change Order No. 1 to SYB Construction for utility improvements along Lovers Lane in the amount of $148,033.50 - Smallwood Tab XIV 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. VII. B. C. D. E. F. H. I. J. K. L. INFORMATION AGENDA Tab XV REPORTS, BOARD AND COMMITTEE MEETING MINUTES BOARD OF ADJUSTMENT EMPLOYEE BENFITS ADVISORY COMMITTEE FINANCE ADVISORY COMMITTEE Minutes for May 18, 2004 PARK ADVISORY COMMITTEE PLANNING & ZONING COMMISSION Minutes for April 19, 2004 PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE PUBLIC SAFETY ADVISORY COMMITTEE PUBLIC WORKS ADVISORY COMMITTEE URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE ZONING ORDINANCE ADVISORY COMMITTEE CAPITAL PROJECTS REVIEW COMMITTEE CAPITAL PROJECTS UPDATE for Week of June 1, 2004 AGENDA MEMO (06/01/04 AGENDA) DATE: May 27, 2004 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Citizen Commendation ITEM: On Friday, May 21, 2004, Ms. Kim Duncan observed two individuals running from a garage in the 3000 block of Hanover. Ms. Duncan quickly called the police and the individuals were stopped by the University Park Police Department. Officers discovered that the vehicle the suspects were driving was stolen and found tools and an electric scooter in the vehicle that were stolen from the residence on Hanover. The University Park Police Department would like to commend Ms. Duncan for her efforts in this matter and for making University Park a safer place to live. RECOMMENDATION: ATTACHMENTS: Letter from Chief Adams to Ms. Duncan. 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\Citizen Commendation Duncan.doc 1:14 PM 05/27/04 May 27, 2004 Ms. Kim Duncan 3000 Hanover University Park, TX 75225 Dear Ms. Hudson, On behalf of the men and women of the University Park Police Department, ! would like to express our appreciation for your willingness to take the time to report a suspicious vehicle in your neighborhood. As a result of your quick thinking and response, the University Park Police Department was able to arrest two individuals responsible for not only stealing the car they were riding in, but for the burglary of one of your neighbor's homes. You are commended for your efforts in this matter. Furthermore, you are a fine example of what the community and the University Park Police Department can do together to make UP a safer community. We would like to invite you to be recognized and to present you with the University Park Police Department's Citizen Commendation Certificate at the next city council meeting. It will be held on Tuesday, June lat at 5:00 p.m. in the Council Chambers located on the 2nd floor of City Hall. Please let us know if you will be able to attend. Thank you, Gary W. Adams Chief of Police Cc: Bob Livingston, City Manager DATE: TO: FROM: SUBJECT: AGENDA MEMO (06/01/04AGENDA) May 27, 2004 Honorable Mayor and City Council Kent Austin Recognition of Texas Higher Education Authority (THEA) Board members ITEM: As you know, the Texas Higher Education Authority was created in 1985 by the City of University Park. Under a provision in the State Education Code, THEA was empowered to issue tax-exempt debt, which would then be used to make low-cost construction loans to private colleges and universities in Texas. Loan repayments were then used to pay down the outstanding debt. The City Council appointed a seven-member Board of Directors, composed of University Park residents. The City's Finance Director served as the Authority's staff person, along with a third- party program administrator. Over time, a host of loans was made to schools like Concordia Lutheran College, Houston Baptist University, Our Lady of the Lake University, Texas Wesleyan University, and the University of Dallas. THEA's governing documents provide that any funds remaining at the end of THEA's operations will revert to its sponsoring entity, the City of University Park. During 2003, the three remaining borrower schools prepaid their loans, and the Board of Directors voted to retire all outstanding debt. This retirement occurred December 3, 2003. By this time, over $3.6 million had accumulated as surplus in a THEA trust fund, to be turned over to the City upon THEA's termination. The amount is the result of many years of accumulated interest earnings and program fees. In March 2004, net assets from THEA operations of $66,000 were added to this trust fund. Rather than dissolve the Authority, the THEA Board voted to allow the Authority to become dormant and approved the transfer of all but $25,000 to the City of University Park. RECOMMENDATION In light of the lengthy service of THEA's current Board members -- including one who has served since 1985 - and in recognition of the sizable financial benefit to the City from the THEA transfer, it is appropriate to recognize the Board members for their distinguished service. Below is a list of THEA Board members deserving recognition at the June 1, 2004 Council meeting: Name Year Appointed Trevor Rees-Jones, Sec./Treas. 1985 O. Paul Corley, President 1990 Don Houseman 1992 Wayne Tenney 1994 Eiband Wilshusen 1996 Richard Quisenberry 2000 Certificates of appreciation are being prepared for presentation at the meeting. 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~AGENDA MEMO THEA Bd recognition 060104.doc 4:13 PM 05/27/04 AGENDA MEMO (6/1/04 AGENDA) DATE: TO: FROM: SUBJECT: May 26, 2004 Honorable Mayor and City Council Christine Green, Purchasing Agent Travel Card Resolution Last fall, the state began allowing cities to participate in the State Travel Management Program (STMP), which negotiates government rates for airfare, hotels, and rental cars. Participation in this program has several advantages, including: Access to negotiated rates for airfare, hotels, and rental cars. Although government airfares are not necessarily the cheapest, they have the advantage of no advance purchase restrictions. The City can make flight reservations early, but still make last-minute changes (date, time, traveler) without penalty. Use of travel agency services. The STMP has a travel agency on contract to assist in booking government travel. The agency charges only $10.75 per transaction ($8.75 for online transactions). The agency will research all travel options (state-negotiated fares and other), and will find the best value for the traveler. In order to participate in the STMP, the City must have a travel card issued by BankOne via a contract with the state. This travel card will be on file with the travel agency, and City travelers may charge travel to the card. There are no fees to acquire or use the card. The attached resolution authorizes the Purchasing Agent to execute the agreement with BankOne for participation in the Corporate Travel Charge Card Program. RECOMMENDATION: Staff recommends approval of the resolution authorizing participation in the Corporate Travel Charge Card Program of BankOne, and authorizing the Purchasing Agent to execute the agreement. 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\STMPmemo (2).doc 4:09 PM 05/26J RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING PARTICIPATION IN THE CORPORATE TRAVEL CHARGE CARD PROGRAM OF BANK ONE; AUTHORIZING EXECUTION OF AN AGREEMENT AND OTHER NECESSARY PAPERS BY THE PURCHASING AGENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it is necessary and advisable that the City enter into an agreement for acquisition of a procurement card and participation in the Procurement Card Program and Corporate Travel Charge Card Program with the Texas Building and Procurement Commission and Bank One. SECTION 2. That the procurement card program and Corporate Travel Charge Card Program contract attached hereto as Exhibit "A" and made part hereof for all purposes is approved in all respects for the City of University Park. SECTION 3. That the purchasing agent is hereby authorized to execute the contract on behalf of the City of University Park and to execute any other and further documents as may be necessary to give effect to the program. SECTION 4. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, on the 1st day of June 2004. APPROVED: JAMES H. HOLMES, iii, MAYOR ATTEST: APPROVED AS TO FORM: NiNA WILSON, CITY SECRETARY CITY ATTORNEY Page 1 64799 I, Nina Wilson, City Secretary of the City of University Park, Dallas County, Texas, do hereby certify that the foregoing Resolution, proposed by Council Member ., was duly passed and adopted in the City Council Meeting of the City of University Park, Dallas County, Texas at a regular meeting thereof assembled this 1 st day of June 2004, by the following vote: AYES: NAYS: ABSENT: CITY SECRETARY OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS (Seal) Page 2 64799 AGREEMENT BETWEEN (Co-Op Member) and BANK ONE,NA FOR PARTICIPATION IN CORPORATE TRAVEL CHARGE CARD PROGRAM A county, municipality, school district, education service center, or public junior/community college, which is a member of the State of Texas Cooperative Purchasing Program (Co-Op member) is authorized under Texas Government Code Title 10 Section 2171.055 to utilize the Texas Building and Procurement Commission (TBPC) State Travel Management Program (STMP) services and may participate in the Bank One,NA Corporate Travel Charge Card Contract between Bank One,NA and the TBPC. In consideration of the mutual covenants and agreements, the parties hereto agree to the following: The documents constituting this Agreement are the contract documents as defined in RFP #946-A1 which are incorporated herein by reference. Representations and Warranties of the Co-Op Member 1. All Co-Op charges shall be for business purposes. 2. The rights and obligations of the Co-Op member under this Agreement are duly authorized, legal and valid, and this Agreement is a binding obligation of the Co-Op Member, enforceable against Co-Op Member in accordance with its terms. 3. Execution of this Agreement by the Co-Op Member and performance by the Co-Op Member of its obligations under this Agreement will not (i) constitute or result in a breach or default under Co-Op Member's charter or any contract to which Co-Op Member is a party or by which it is bound, or (ii) result in the violation of any applicable law, regulation, ordinance, judgment, decree or order. 4. All approvals and authorizations required to permit the execution, delivery, performance and consummation by Co-Op Member of this Agreement and transaction contemplated under this Agreement have been obtained. 5. Any Co-Op Member Charges by the Co-Op Member under this Agreement: (i) are duly authorized and constitute valid and binding obligations of the Co-Op Member, enforceable against the Co-Op Member, (ii) shall not cause the Co-Op Member to exceed any legal limits applicable to the Co-Op Member Charges when made, and (iii) constitute the legal expenditures of the Co-Op Member. BANK ONE, NA Co-Op Member By: By: Name: Name: Title: Title: Date: Date: EFFECTIVE DATE (Agreement not effective unless executed by Bank One): Certificate of Authority (to be signed by Legal Counsel for Co-Op Member) This certifies that [] by Texas law, citation · or [] by ordinance or citation ; or [] by other legal authority, citation · is authorized (check one of the following and provide citation): to sign this Agreement on behalf of the named Co-Op Member and by so signing binds the Co-Op Member to all terms and conditions contained herein, without limitation, for the duration of said Agreement. Name (Prin0 Signature Texas Bar Number Revised November 7, 2003 MINUTES #2412 CITY COUNCIL MEETING/WORK SESSION CITY OF UNIVERSITY PARK, TEXAS CITY HALL CONFERENCE ROOM WEDNESDAY, MAY 19, 2004 AT 7:30 A.M. Mayor Harold Peek opened the meeting of the City Council. Present were Mayor Pro Tempore Dick Davis, 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. Councilmember Roberts moved acceptance of the Consent Agenda. Councilmember Holmes seconded, and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER APPROVAL OF MODIFICATION IN SALARY ORDINANCE TO PROVIDE FOR HOUSING ALLOWANCE FOR CERTAIN DEPARTMENT DIRECTORS ELECTING TO LIVE IN CITY: Approval of the ordinance would provide an allowance of $500 per month paid to the Fire Chief, Chief of Police or Director of Public Works, if they elected to live in the City of University Park. Having any or all of these individuals live in the City would provide for easier availability and quicker response after hours, as well as, extra eyes on the operations of the city. ORDINANCE NO. 04/16 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 CH1F, F, AND THE FIRE CH1F, F FOR RESIDENCE WITHIN THE CITY LIMITS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. CONSIDER POOL VENDOR AGREEMENT: The agreement gives the exclusive right to Annaline, Inc., operated by Mr. William Maxvill, to serve food and beverage items at the city's pool. It requires the contractor to pay an annual fee of $6,500 to the city no later than September 15th. Each subsequent year the agreement is renewed, the fee shall increase by an amount equal to the Consumer Price Index for the Dallas/Ft. Worth metropolitan area. Additional provisions 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 agreement for non-performance with ten (10) days notice. The agreement is for a period of one year. It will automatically renew each year thereafter unless either party gives notice by February 15th. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For May 4, 2004. MAIN AGENDA CONSIDER BIDS RECEIVED FOR RECONSTRUCTION OF LOVERS LANE, HILLCREST TO WILLARD: Through an Interlocal Agreement, the City of University Park and the City of Dallas propose to reconstruct Lovers Lane from its intersection with Hillcrest to a point about 100' east of Willard. The agreement calls for the city to develop the plans and specifications, solicit bids, and provide construction administration for the project. The City of Dallas will reimburse the City of University Park for the work done within the corporate limits of the city. The construction period will run from June 2004 to October 2005. Each section of construction will last five months. Residents will have access to their driveways except for a period of 14 days when paving is being done in front of the home. The agreement will contain a late clause with a penalty of $1500 per day. As the council was concerned with the lack of experience with large, high-volume street reconstruction projects of Barson Utilities, Inc. and because of the project difficulties associated with the quality of work, meeting construction schedules, and complying with the city's specifications for concrete work of McMahon Contracting, L.P., the council decided to award the contract to Rebcon, Inc. Councilmember Holmes moved approval to contract with Rebcon, Inc. Councilmember Shawver seconded, and the vote was unanimous to approve the contract. DISCUSS COMMERCIAL BUILDING HEIGHTS ORDINANCE IN SNIDER PLAZA, MIRACLE MILE AND GENERAL RETAIL DISTRICTS: Council considered changes which would amend the allowable building heights in Snider Plaza, the Miracle Mile and General Retail Districts. Input has come from the Planning & Zoning Commission and commercial property owners. In the General Retail Districts, the Planning & Zoning Commission had 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 had 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 change would allow 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. The provision would be applicable only for properties not adjacent to residential districts. In Snider Plaza, the wording allows a maximum height of four (4) stories, which both the City Council and the Planning & Zoning Commission determined was unacceptable. The proposed recommendation 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 Boulevard. The intent of this recommendation is to describe the envelope of retail buildings in Snider Plaza and to allow three floors of space to be occupied, which has been the primary concern of the commercial property owners there. In the Miracle Mile, the Planning & Zoning Commission recommended that the current allowable height of two (2) stories 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. Council suggested this item be directed to the Planning & Zoning Commission for further recommendation. Mayor Harold Peek then convened the City of University Park City Council into Executive Session at 8:07 a.m. to receive legal advice from the City Attorney regarding possible litigation under Section 551.071 of the Texas Government Code. The Executive Session was adjourned at 8:31 a.m. No action was voted on or taken during the meeting. PASSED AND APPROVED this 1st day of June 2004. ATTEST: Harold Peek, Mayor Nina Wilson, City Secretary MINUTES #2413 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS MONDAY, MAY 24, 2004 AT 5:00 P.M. Mayor Harold Peek opened the inauguration ceremony of the City Council and gave the welcoming address, recognizing former mayors, former city councilmembers and distinguished guests. Present were Mayor Pro Tempore Dick Davis, 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 Peek introduced Former Mayor Edward J. Drake, who gave the invocation. Municipal Court Judge Paul B. Barklow, Jr. gave the Oath of Office to the new mayor, James H. Holmes, III, and new councilmembers James E. Roberts, Harry R. Shawver, Jr., Sydney D. Carter and Kelly J. Walker. After the exchange of gavels between the Newly-Elected Mayor James H. "Blackie" Holmes, Jr. and the Retiring Mayor Harold Peek, Mayor Holmes designated Councilmember James E. "Jim" Roberts as the New Mayor Pro Tempore and introduced Councilmembers Harry Shawver, Syd Carter and Kelly Walker. Mayor Holmes recognized the achievements of Retiring Mayor Harold Peek and Retiring Mayor Pro Tempore Dick Davis, and then asked Retiring Mayor Harold Peek to come forward. He presented him with a retirement plaque giving his years of service to the city as well as a Boston Rocker with his years of service engraved on the back of the chair and a street sign for his backyard designating Harold Avenue and Peek Plaza. Mayor Peek thanked the city for the gifts and expressed his pleasure in serving the city. Mayor Pro Tem Roberts then asked Retiring Mayor Pro Tem Dick Davis to come forward. He thanked him again for his service to the city and presented him with a retirement plaque giving his years of service to the city as well as a Boston Rocker with his years of service engraved on the back of the chair and a street sign for his backyard designating Davis Court and Richard Avenue. Mayor Pro Tem Davis also thanked the city for the gifts and expressed the pleasure he received in serving the city. Mayor Holmes expressed his appreciation for the support of the residents of the city, thanked everyone for coming, and adjourned the meeting to the reception. PASSED AND APPROVED this 1st day of June 2004. ATTEST: Harold Peek, Mayor Nina Wilson, City Secretary AGENDA MEMO (06-01-04 AGENDA) DATE: TO: FROM: SUBJECT: May 26, 2004 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider Ordinance __ abandoning certain alley and street rights- of-way in the area bounded by SMU Blvd, Airline Road, McFarlin Blvd, and Dublin Background. The City Council previously authorized the rezoning, street realignment, and screening wall construction in the general area of Dyer and Dublin. Associated with those actions is the SMU request to abandon Dyer Street, Dublin to Airline; abandon Dublin, Dyer south to the alley; abandon/accept partial alley R-O-W bounded by Dyer-Dublin-Airline-SMU; and accept dedication of an SMU residential property (which will be dedicated as Dublin Street R-O-W between Dyer and McFarlin). The alley "abandonment and acceptance" is a cleanup issue resulting from the existing alley pavement being out of the platted R-O-W. The City will retain a utility easement in the aforementioned Dublin R-O-W, which is recommended for abandonment. The cost to SMU for abandoning the above-referenced rights-of-way is identified in the attached compilation of land acquisitions that have taken place over the past several years. Recommendation. Staff recommends City Council approval of abandonment ordinance for the aforementioned rights-of-way. ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING ALLEY RIGHT-OF-WAY AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND ABANDONING STREET RIGHTS-OF- WAY AS MORE PARTICULARLY DESCRIBED IN EXHIBITS "B" AND "C", TO THE ABUTTING OWNER, SOUTHERN METHODIST UNIVERSITY, IN CONSIDERATION OF THE PAYMENT OF THE MARKET VALUE AND CONVEYANCE TO THE CITY OF AN ALLEY EASEMENT FOR THE PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "D"; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A DEED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, has determined that the alley right-of-way or easement described in Exhibit "A" is no longer needed or necessary for alley purposes by the City, and that the street rights-of-way described in Exhibits "B" and "C" are no longer needed or necessary for public purposes; and WHEREAS, the City has determined to abandon such alley right-of-way and easement and street rights-of-way in favor of the abutting owner in exchange for cash and conveyance to the City of a similar tract for the alley easement and right-of-way; and WHEREAS, the City has secured an appraisal of the interests being received and conveyed to determine the fair market value; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the premises hereof are found to be true and correct in all respects. SECTION2. That for the consideration hereafter stated, the City of University Park hereby abandons and quitclaims in favor of the abutting owner, Southern Methodist University, the alley right-of-way or easement over all that certain 65204 tract or parcel of land more particularly described and depicted in Exhibit "A" and the street rights-of-way over the areas described and depicted in Exhibits "B" and "C", attached hereto and made a part hereof for all purposes, the same as if fully copied herein. SECTION 3. That the rights being abandoned in the property described in Exhibits "A", "B", and "C" consist of alley and street rights-of-way or easements. SECTION 4. That the City of University Park does not abandon any other interest other than that described herein over the property described and depicted in Exhibits "A", "B", and "C" but does hereby abandon all of its right, title, or interest, either in fee simple or by easement, or otherwise, in the described property, together with any and all improvements thereon. SECTION 5. That upon payment of the cash consideration of $1,297,920.00 (the market value, determined by an appraisal, less the value of the easement), and a dedication deed to the City by Southern Methodist University to the area described and depicted in Exhibit "D" hereto, the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to Southern Methodist University, and the recording of this abandonment ordinance in the real property records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park to the said Southern Methodist University, of such surface right, title or interest of the City of University Park in and to such alley and street rights-of-way or easements described in Exhibits "A", "B" and "C". 65204 SECTION 6. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of June 2004. APPROVED: APPROVED AS TO FORM: JAMES H. HOLMES, m, MAYOR ATTEST: CITY ATTORNEY (RLD/5/26/04) NINA WILSON, CITY SECRETARY 65204 ALLEY EASEMENT DEDICATION DEED STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: That Southern Methodist University, as Grantor, for Ten Dollars ($10.00) and other good and valuable consideration in hand paid by the City of University Park, Texas, the receipt and sufficiency of which are acknowledged, has granted, donated and conveyed, and by these presents does grant, donate and convey unto the said City of University Park, Texas, as Grantee, an easement and right-of-way for public alley purposes, including the right of ingress, egress, and regress therein, including the right to construct, maintain, and repair water lines, sewer lines, and any and all other public utilities deemed necessary by said City, into, over, under and through that certain tract of land of 1,475 square feet or 0.0339 acres of land, more or less, described and depicted in Exhibit "A" attached hereto and made part hereof for all purposes, the same as if fully copied herein, subject to all existing encumbrances, easements, and rights-of- way. To have and to hold the above described alley right-of-way or easement in and to said premises, with the right of ingress, egress, and regress therein, together with all and singular the usual rights thereto in anywise belonging, unto the said City of University Park, Texas, its successors and assigns, forever, and it does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City of University Park, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. In witness whereof, I, the undersigned duly authorized officer of Grantor have hereunto subscribed my name on behalf of Grantor this day of _, 2004. GRANTOR: SOUTHERN METHODIST UNIVERSITY By: President 55922 GRANTOR'S ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrumem was acknowledged before me on the 2004, by , President of Southern Grantor, on behalf of said Grantor. day of Methodist University, Gramee's Address: City of University Park Attn: City Manager 3800 University Boulevard University Park, Texas 75205 Notary Public, State of Texas My Commission expires: 55922 5/27/2004 SMU Dedication of Rights-of-Way to City of University Park AREA TRACT # LOCATION (Sq Ft) UNIT COST ($$ / Sq Ft) EXTENSION Realignment / 1 2 3 4 5 6 7 8 9 Reconstruction of Airline & Daniel NW Cot / Airline & Daniel NE Cot/Airline & Daniel SW Cot / Airline & Daniel SE Cot/Airline & Daniel SE Cot / Daniel & Alley E of Airline Street Curve, Daniel S to Alley Street Curve, University N to Alley SW Cot / Airline Ext & University SE Cot / Airline Ext & University 48 $40.00 $1,916.64 48 $40.00 $1,916.64 113 $40.00 $4,530.24 109 $40.00 $4,356.00 4 $40.00 $174.24 13,761 $40.00 $550,424.16 8,634 $40.00 $345,343.68 392 $40.00 $15,681.60 48 $40.00 $1,916.64 SUBTOTAL $926,259.84 Reconstruction / Realignment of Airline Across W-5 Lot to Dublin 1 Street R-O-W across parking lot 43,007 2 Portion of triangular traffic island 3,979 $40.00 $1,720,280.00 $40.00 $159,160.00 SUBTOTAL $1,879,440.00 Hillcrest-Daniel Intersection Improvements (Future) 1 NE Corner/Hillcrest & Daniel 2 SE Cot/Hillcrest & Daniel 87O 1,745 Dublin Extension, SMU Blvd N to University Blvd (Future -Alt No 1) 1 3000 Dyer 7,500 $40.00 $34,800.00 $40.00 $69,800.00 SUBTOTAL $104,600.00 $40.00 300,000.00 SUBTOTAL $300,000.00 TOTAL $3,210,299.84 5/27/2004 City of University Park Abandonment of Rights-of-Way to SMU AREA UNIT COST TRACT # LOCATION (Sq Ft) ($$ / Sq Ft) Realignment / Reconstruction of Airline & Daniel 1 Airline Rd R-O-W, Daniel S to McFarlin 2 Alley R-O-W bounded generally by Daniel, 48,177 $40.00 7,214 $40.00 SUBTOTAL EXTENSION $1,927,080.00 $288,560.00 $2,215,640.00 Realignment / Reconstruction of Airline Across W-5 Lot to Dublin 1 Airline Rd R-O-W, Binkley S approx 912 ft 44,239 $40.00 $1,769,560.00 SUBTOTAL $1,769,560.00 Reconstruction of University Blvd West from Airline Extension 1 University BIvd R-O-W, Airline Rd to Airline 15,841 $40.00 $633,640.00 SUBTOTAL $633,640.00 Dyer R-O-W / Airline east to Dublin 1 Dyer R-O-W 32,448 $40.00 $1,297,920.00 SUBTOTAL $1,297,920.00 Dublin R-O-W / Dyer south to alley 1 Dublin R-O-W (less utility easement) 7,500 $30.00 $225,000.00 SUBTOTAL $225,000.00 TOTAL $6,141,760.00 cuP to SMU AMOUNT DUE TO CUP $3,210,299.84 $2,893,540.16 AGENDA MEMO (06/01/04 AGENDA) DATE: TO: FROM: May 12, 2004 Honorable Mayor and Members of the City Council Bob Livingston SUBJECT: Request to Waive Fee for Use of Curtis Park Attached is a memorandum from Cindy Williams of the University Park Elementary School PTA requesting waiver of the fee for the use of Curtis Park for a school event. The memorandum is fairly self-explanatory. The PTA has used the park for this event for several years. Our records indicate that they have paid a $300 fee plus a $250 security deposit previously. The issues outlined in Ms. Williams's memorandum are legitimate. Previous discussions by the Council and Park Advisory Committee have led to the conclusion that if we do not charge for use of the parks, they will quickly become the location of choice for many activities in the Metroplex. This could lead to crowding and our residents finding it difficult to use their parks. I am not sure what alternatives are available, but I believe it would be a good idea to examine this issue again and receive a recommendation. RECOMMENDATION: Staff does not recommend waiver of the fee. However, I also recommend that this issue be referred to the Park Advisory Committee for review. ! hope that we will have a new Park Director appointed shortly. That should allow the review to be completed by the Committee during the next two months. ATTACHMENTS: Memorandum from Ms. Williams CC: Tammy Watson Amber Johnson 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\PARKVVlLLAIMS051204.doc 9:15 AM 05/13J 3012 Rosedale Avenue Dallas, Texas 75205 April 30, 2004 City Council Members 31100 University Blvd Dallas, Texas 75205 Dear City Council Members: University Park Elementary School PTA is making plans for a school picnic on thc Saturday before school starts. On this day Umversity Park School posts class rosters for all the classes. These rosters inform thc students of their new teacher and list the names of classmates in each class. It is a great way to see friends and familiar faces, the children and their families havc not seen over the summer. It also is a welcoming activity for new students and theix families, Thc main goal of this event is to get the children excited about starting school. I called the Park Department to reserve Curtis Park for Saturday, August 14 from 5:30 p.m. - 7:30 p.m. I spoke to Amber Johnson who is a delight to work with. She said it would be $550 to reserve Curtis Park for this back to school picnic for approximately 250 people. I am asking the City Council to waive this f¢¢ for to the following reasons: , The Parks Department is not providing any additional service except the land. · The University Park PTA will make sure the park is cleaned, and no trash will be lei~ for pick up. · We would like to use the $300 towards educational enhancements to the school since we continue to have major financial difficulties in our school district. Plcase consider waiving this fee. Please inform mc of your decision. I can be reached at 214~9S7-26112. With Much Appreciation, Cindy Williams School Sprit Committee Chairperson University Park PTA AGENDA MEMO (06-01-04 AGENDA) DATE: TO: FROM: SUBJECT: May 28, 2004 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider Ordinance __ abandoning certain street right-of-way at the corner of Caruth and Turtle Creek Blvd. Background. Staff previously reviewed with the City Council a request from Ray Kane (owner of the property at the northwest corner of Caruth and Turtle Creek Blvd) for the City to abandon a triangular right-of-way remnant created by realigning the north side of the intersection. The subject parcel has been surveyed and appraised. Pursuant to the intersection configuration, the City has no current of future need for the remnant. The City Attorney is preparing the enabling ordinance for Council consideration. The appraised value of the remnant is $45,000. If the Council abandons the parcel, the City Secretary, upon receipt of the funds from Mr. Kane, will certify a copy of the ordinance. He then must file the ordinance at Dallas County and have an amending plat prepared to consolidate his residential lot and the remnant. Recommendation. Staff recommends City Council approval of abandonment ordinance for the aforementioned right-of-way remnant. ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY OF CARUTH BOULEVARD AND TURTLE CREEK BOULEVARD, AS MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT "A", TO THE ABUTTING OWNER IN CONSIDERATION OF THE PAYMENT OF THE APPRAISED MARKET VALUE OF $45,000, BY THE OWNER TO THE CITY; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, has determined that certain street right-of-way described and depicted in Exhibit "A" is no longer needed or necessary for street or alley purposes by the City; and WHEREAS, the City has secured an appraisal of the interests being conveyed by the City to determine the market value of the interests being conveyed; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That for and in consideration of the payment of the sum of $45,000 by Raymond J. Kane, the receipt and sufficiency of which is hereby acknowledged, the City of University Park hereby abandons and quitclaims in favor of Raymond J. Kane, the abutting owner, all that certain tract or parcel of land more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof for all purposes, the same as if fully copied herein. SECTION 2. That the rights being abandoned in the property described in Exhibk "A" consist of the street right-of-way of Caruth Boulevard and Turtle Creek Boulevard as shown on Exhibk "A". 65217 SECTION 3. That the City of University Park does not abandon any other interests other than those described herein on the tract identified in Exhibit "A", but does hereby abandon all of its right, title, or interest therein, either by fee simple or by easement, or otherwise, in the described property, together with any and all improvements thereon. SECTION 4. That upon payment of the consideration stated in Section 1 hereof, the City Secretary is authorized and directed to prepare a certified copy of this ordinance and furnish the same to Raymond J. Kane, and the recording of this abandonment ordinance in the real property records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park to the said Raymond J. Kane, of such right, title or interest of the City of University Park in and to such street right- of-way described in Exhibit "A", either in fee simple or by easement or otherwise. SECTION 5. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of June 2004. APPROVED: APPROVED AS TO FORM: JAMES H. HOLMES, m, MAYOR ATTEST: 65217 CITY ATTORNEY (RLD/5-27-04) NINA WILSON, CITY SECRETARY 65217 McGregor-Echols Group 16950 Dallas Parkway, Ste. 110 Dallas, TX 75248 972-735-8400 75-2584067 Lender or Client: Raymond Kane Enter City, State Here Enter Zip code Here APPRAISAL FEE FOR SERVICES RENDERED 250.00 Borrower: Kane 3500 Caruth Boulevard University Park, Texas 75225 Block 26, Lot 14A, University Heights 4th Installment Total: 250.00 McGregor-Echols Group F.e uo. 4010178 SUMMARY APPRAISAL OF THE PROPERTY LOCATED AT 3500 Caruth Boulevard University Park, Texas 75225 as of 01/23, 2004 ~or Raymond Kane Enter City, State Here Enter Zip code Here by McGregor-Echols Group 16950 Dallas Parkway, Ste. 110 Dallas, TX 75248 Complete Appraisal Analysis - Summary Appraisal Report LAND APPRAISAL REPORT File No. 4010178 B .... Kane c ..... Tract 195.01 Map Refe ..... D-25.Y PropertyAddress 3500 Caruth Boulevard City University Park County Dallas Slate Texas ZipCode 75225 Lega, Desc,ption Block 26, Lot 14A, University Heights 4th Installment Sale Price sN/A Date ofSale Current Loan Term --yrs. Property Rights Appraised [] Fee [] Leasehold [] De Uinimis PUD Actual Real Estate Taxes $ N/A (yr.) L .... harges to be paid by seller $ -- Othersal ......... ions Lender/Client Raymond Kine Add .... Occupant Vacant Appraiser McGre~or-Echols InstmctionstoAppraiser Estimate market value Location [] Urban [] Suburban [] Rural Good Avg Fair Poor BuiltUp [] Over75°/o [] 25°/oto75°/o [] Under25°/o Employment Stability [] [] [] [] Gro~h Rate [] Fully Dev. [] Rapid [] Sleady [] Slow C ..... ience to Employment [] [] [] [] PropertyValues [~ll ...... ing [] Stable [] Declining C ..... iencetoShopping [] [] [] [] Demand/Supply [] Shortage [] In Bal .... [] OverSupply C ..... ienceto Schools [] [] [] [] MarketingTime [] Under3 Mos. [] 4-6Mos. [] Over6 Mos.AdequacyofPublicTransportation [] [] [] [] PresentLandUse 80 %1 Family 5 °/o24Fam 5 °/oApts. -- %Condo 5 °/OC ...... iai RecreationalFacilities [] [] [] [] __ °/O Industrial °/O Vacant 5 % Vacant Adequacy of Utilities [][][][] Changein Present LandUse [] Not Likely [] Likely(*) [] TakingPlace(*) PropertyCompatibility [] [] [] [] (*)From To Protection from DetrimentalConditions [] [] [] [] PredominantOccupancy [] Owner [] Tenant 2 °/oVacant PoliceandFireProtection [] [] [] [] Single Family Pdce Range $ 225,000 to$ 5M PredominantValue$ 1.5M GeneralApp ....... fProperties [] [] [] [] SingleFamilyAge Nevv' ..... 100 yrs. PredominantAge 25 yrs. AppealtoMarket [] [] [] [] C ..... ts including those fact .... favorabl ..... favorable, affecting marketability (e.g. public parks, school .... ise) The subject area is approximately 4 miles north of the Dallas Central Business District. Access to supportive retail facilities and employment centers is adequate via US-75 and the Dallas North Tollway. The area is served by the HiChland Park Independent School District and area schools are located within a reasonable proximit-¢. No adverse conditions are noted. Dimensions See attached survey 1,310 +/- sq. ft. [] c .... Lot ZoningClassiflcation Residential;SF2 Presentimp ....... ts [~ldo [~ldonotconformtozoningregulations Highest andbest .... [] Presentuse [] Other(specify) Public Other (Descdbe) OFF SITE IMPROVEMENTS Topo Basically Level Elec. [] StreetA ...... [] Public [~lPdvate Size Large for the area sas [] Su~ce Asphalt Shape IrreCular Water ~ Maintenance: [~l Public [~lPdvate Mew Residential/Interior san. Sewer [] [] Slorrn Sewer [] Curb/Gutter Drainage Appears adequate ~ Underground Elect. &Tel. ~ Sidewalk ~ Sb'eet Lights lathe property located in a HUD Identified Special Flood HazardArea? ~ No [~l Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditions) NO adverse easements or encroachments noted, however, rely on survey and title policy. Additionally, no adverse environmental conditions ore endan,ered species noted. The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. Re description includes a dollar adjustment, reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is supedor to, or more favorable than, the subject property, a minus (-) adjustment is made, thus reducing the indicated value of subject; if a significant item in the comparable is infedor to, or less favorable than, the subject property, a plus (+) adjustment is made, thus i ...... ing the indicated value of the subject. ITEM Subject Properb/ COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Add .... 3500 Caruth Boulev; i~21 Caruth Boulevard 2917 Stanford 5001 Stanford uni~pr~!~ Palk University Park University Park Dallas Sa,esPrice $ N/A I$ 35.51 I$ 48.69 I$ 20.11 Pdce $ I $425,000.00 I$ 409,000.00 I$ 175,000.00 DataS ..... Inspection MLS #9621383 & CAD MLS #9631758 & CAD MLS 9713669 & CAD + ( ) $ DESCRIPTION + ( ) $ DESCRIPTION + ( ) Date ofSa,ea.d DESCR,PT,ON DESCR,PT,ON Time Adjustment Current 07/07/2003 07/07/2003 12/04/2003 Locatio, Urban/UP Urban/UP Urban/UP i Urban/UP Residential/UP i Residential/Dallasi +10 site/view Residential Residential/UP S~eA~ea 1,310 +/- sq. ft. 11,970 SF i 8,400 SF i 8,700 SF Sales or Financing Cony. 0 pts. Conv. 0 pts. Conv. 0 pts. c ...... io, s 04/03 UC 05/03 UC 10/03 UC NetAdi. Crota~) [~ .... [~ ..... * [] .... [] ..... * [] .... [~ ..... * 10 of Subject Net 0.0% $ 36 Net 0.0% $ 49 Net 49.7% $ 30 C ..... ts o, Market Data: The sales cited are located within the subject addition and are reliable value indicators. Sale Number 3 is located in the city of Dallas which is inferior in locational attributes. Estimated value is based upon 1,310 square feet multiplied by a factor of $ 35.00 per square foot. 1,310 x $35.00 = $45,850. C ..... ts and Conditions of Appraisal: See attached Statement of Limitin¢ Conditions and addenda. Fi,a~ Reco,ci.atio,: Primary emphasis is placed on the Market Approach. The Cost and Income Approaches are not applicable in the appraisal of vacant land. 01/23 ,2004 to be *45,000 Appraiser(s) ~ ~ ReviewAppraiser(ifapplicable) [] Did [~ DidNot Physicallylnspect Property Signature e%~.,~ ~.~{~ Signature Name Jeff' D. McGr , SRA Date January 27, 201~4ne Date Slate T% [~ Li ..... r~ Certification # T% - 1321270 -R Slate [~ Li ..... [~ Certification # McGregor-Echols Group F.e uo. 4010178 Borrower or Owner Kane Prope~Address 3500 Caruth Boulevard ci~ Universi~ Park co,n~ Dallas ~t, Texas zip Cod, 75225 Lender or Client Raymond Kane The purpose of the appraisal is to estimate market value of the fee simple interest in the properW for Federally- related mortgage loan purposes, as defined bin the attached FNMA form, as of the date set forth in the Reconciliation section of the report. The scope of the appraisal means the extent of the process of collection, confirmin~ and reportin~ data. We were contracted by our client and asked to provide an opinion of current value of the subiect properW as of the effective date of our inspection. Comparable data and market conditions pertinent to our valuation analysis of the properW were investigated. The followin~ appraisal report sets forth the analysis and conclusions derived from the market data collected and is subiect to accompanyin~ Assumptions and Limitin~ Conditions. Additional data, specifically when iud~ed relevant to the valuation of the subiect, was procured from the appropriate secondary sources (County Appraisal Districts, Cities, etc.) The information incorporated in this appraisal report is an independent and obiective study of the subiect. Isthesubjectproperty ..... tlylisted? [] Yes [] No ListPdce:$ Hasthepropertysolddudngthepdoryear? [] Yes [] No Ifyes, descdbebelow The sales histor~ over the past thirtysix months reveals that no transactions have occurred. Additionally, the subject has not been listed for sale in the previous 36 months. What is your estimate of exposure time for the subject property? 90- 180 days Descfibebelowthebasis(rationale)foryourestimate? The marketin~ time estimated for the subject properW is made with the assumptions of a realistic market based on offerin~ price level. This marketin~ period was derived from an analysis of the ratio of property listings to sales, and through conversations with active brokers and lenders in the area. The effect of the market conditions on the delineated subiect neighborhood was also considered, Does the transaction involve the transfer of p ..... I property, flxt ....... intangibles that ..... t real proper¥? ~Yes []No If yes, provide description and valuation below. The effective date of the appraisal and the date of the report are the same date. As of the date of this report, Jeff D. McGregor, Jr., SRA has not completed the requirements under the continuin~ education pro~rams of the Appraisal Institute. The Appraisal Institute is a voluntar~ organization that in no way reflects status with state licensin~ authorities. Jeff D. McGregor, Jr., SRA has completed ALL educational requirements as set forth by the state of Texas. Date: January 27, 2004 Appraiser(s): Date: Review,appraiser(s): Jeff D. McGregor Jr., SRA Copyright (c) 1994 Software for Real Estate Professionals McGregor-Echols Group File No. 4010178 DEFINITION OF IVIARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties arewell informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a thirdparty institutional lender that is not already involved in the property or transaction. Any adjustment should notbe calculated ona mechanical dollar for dollar cost of the financing or concessions but the dollar amount of any adjustment should approximate the market's reaction to thefinancing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: is subject to the following conditions: The appraiser's certification that appears in the appraisal report 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the repot[ in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser hasexamined theavailable flood maps that are provided by the FederalEmergency Management Agency (or other datasources) andhas noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area.Because the appraiser is not a surveyor, he or shemakes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. The separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal repot[ any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of duringthe normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the proper~y moreor lessvaluable, and has assumed that thereare no such conditionsand makes no guaranteesor warranties, express or implied, regarding the condition ofthe property. The appraiser will not be responsible forany such conditions that do exist or for any engineering or testing that might be required to discover whether suchconditions exist. Because the appraiser is notan expert inthe field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other par~ies. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal repor~ and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mor[gagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the reportonlyto data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public throughadvertising, public relations, news, sales, or other media. Freddie Mac Form 439 6-93 Page I of 2 Fannie Mae Form 1004B 6-93 File No. 4010178 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject properly for consideration in the sales comparison analysis and have made a dollar adjustment whenappropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject proper[y, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject proper[y, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the par[ioipants in the transaction. I didnot base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject proper[y or of the present owners or occupants of the proper[ies in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject proper[y, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequenteventin order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal repor[ on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subJect property and the exterior of all properties listed as oomparables in the appraisal repor[. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subJect property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal repor[. If I relied onsignificant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal repor[, I have named such individual(s) and disclosed the specific tasks performed by them in thereconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal repor[, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal repor[, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's oer[ifioations numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ~d)DRESS OF PROPERTY APPRAISED: 3500 Caruth Boulevard, UniversiW Park, Texas 75225 APPRAISER: SUPERVISORY APPRAISER (only if required): Sig Signature: Name: Jeff D. McGr¢ Name: Date Signed: January 27, 2004 Date Signed: State Certification #: T~N~-]321270-]~ State Certification #: or State License #: or State License #: State: T~N~ State: Expiration Date of Certification or License: 06/30/05 Expiration Date of Certification or License: I~Did [] Did Not Inspect Proper[y Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 1004B 6-93 File No. 4010178 Borrower or Owner Kane PropertyAddress 3500 Caruth Boulevard University Park county Dallas state Texas zip Code 75225 Lender or Client Raymond Kane McGregor-Echols Group File No. 4010178 Borrower or Owner Kane PropertyAddress 3500 Caruth Boulevard University Park co.ntv Dallas state Texas zip Code 75225 Lender or Client Raymond Kane B'an(l,e,ra, Bandera Ave 9"l',lorthwest Hwy 8'¢e e,rrrb rte/r/ :D'r ? S6:uthwestern B!vd .... ~' Dallas Nerthwest Hwy _>, E Nodhwest Pky ~ L / / Stanfo.[d St L~wrS,, Lh < Car~;h G"i'eenlb ri:e-r-, D,f '~ Porn Park; McGregor-Echols Group File No. 4010178 Borrower or Owner Kane PropertyAddress 3500 Caruth Boulevard University Park co.n~v Dallas state Texas zip Code 75225 Lender or Client Raymond Kane FRONT VIEW OF SUBJECT PROPERTY REAR VIEW OF SUBJECT PROPERTY STREETSCENE OF SUBJECT PROPERTY McGregor-Echols Group AGENDA MEMO (6/1/04 AGENDA) DATE: TO: FROM: SUBJECT: May 25, 2004 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Request to amend PD-2-R- 4520 Lovers Lane BACKGROUND: The Park Cities Animal Hospital, located at 4520 Lovers Lane, received approval from the Planning & Zoning Commission in November for a sixteen foot addition to the rear of their space in Planned Development District 2 - Retail (PD-2-R) (Miracle Mile). The approved addition totaled 477 square feet in area. After further review of their space needs, the applicant made a request at the April 19, 2004 P&Z meeting for an additional two feet to the building, for a total addition of 537 square feet. In both cases the Commission felt that the addition to the building would not have a detrimental impact on parking, so the request was unanimously approved. PUBLIC NOTICE: Notice for Public Hearing was advertised in the Park Cities News on the following dates: · For P&Z - 3/25/04 · For Council- 5/6/04 RECOMMENDATION: Staff recommends approval of the adopting ordinance amending Planned Development District 2 - Retail (PD-2-R), for a 537 square foot addition to the building at 4520 Lovers Lane. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 2 (PD-2-R) FOR THE PROPERTY DESCRIBED AS LOT 2 OF BLOCK C, IDLEWILD NO. 2, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4520 LOVERS LANE, UNIVERSITY PARK, TEXAS; APPROVING A SITE PLAN; PROVIDING SPECIAL CONDITIONS; 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 afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY PARK, TEXAS: COUNCIL OF THE CITY OF UNIVERSITY SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, be, and the same are hereby, amended so as to grant an amendment to Planned Development District No. 2 (PD-2-R) so as to allow a 537 square foot addition to the rear (North side) of the building on the property described as Lot 2 of Block C, Idlewild No. 2, an addition to the City of University Park, Dallas County, Texas, and more commonly known as 4520 Lovers Lane, University Park, Texas. SECTION 2. That the site plan depicting the improvements on said lot is attached hereto as Exhibit "A" and made part hereof for all purposes the same as if fully copied herein. That such site 65144 plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance, and the requirement for filing a Detailed Site Plan is hereby waived. SECTION 3. That this Planned Development District is granted subject to the following special conditions: (a) That the property will be developed only in conformance with the requirements of this ordinance and the approved site plan; (b) That the 537 square foot addition authorized hereby will be used for storage only and for the veterinary clinic in the building and will not increase the parking requirements for the building; (c) That the property will be used only for the purposes authorized by the Comprehensive Zoning Ordinance and PD-2-R. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby be, and the same are hereby, repealed. SECTION 5. That should any 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 or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be 65144 punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 1 st day of June, 2004. APPROVED: HAROLD PEEK, MAYOR ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY (RLD/5-24-04) 65144 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 2 (PD-2-R) FOR THE PROPERTY DESCRIBED AS LOT 2 OF BLOCK C, IDLEWILD NO. 2, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4520 LOVERS LANE, UNIVERSITY PARK, TEXAS; APPROVING A SITE PLAN; PROVIDING SPECIAL CONDITIONS; 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. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of June, 2004. APPROVED: MAYOR ATTEST: CITY SECRETARY 65144 PLANNING AND ZONING COMMISSION MINUTES April 19, 2004 The Planning and Zoning Commission of the City of University Park met on Monday, April 19, 2004 at 5:30 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 Bill Foose Joann Norton Bea Humann Wade McLaurin - Building & Zoning Administrator Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Mr. West opened the public hearing and introduced the commission members. He then read the specifics of the first case. PZ 04-10 - David Hille, representing the owner of the property, requesting an amendment to the existing Planned Development District 2- Retail (PD-2-R) at 4520 Lovers Lane. The request is for an additional two (2) feet to the sixteen (16) foot addition that was approved by the Commission in November 2003. Mr. David Hille, representing the owner of the property in question and resident of 8351 San Fernando, was introduced and made a brief statement describing the property in question. Mr. Hille stated the additional two feet (2') would greatly benefit the addition to the building. He noted there were internal versus external issues, namely more room was needed for the new kennels, which are sixteen feet (16') wide. Mr. Hille stated the parking area would not be adversely affected by the new addition. Mr. West closed the public hearing and asked for a motion. Mrs. Humann moved to approve the request, with a second from Mr. Roach. The motion was approved unanimously. Mr. West, then read the specifics of the second case. PZ 04-11 - Potomac Hillcrest LLC, owner of the property, requesting a rezoning of Lot 9 & 10 Block 6 of Walker's Addition of the City of University Park, more commonly known as 5801 Hillcrest from Multi-Family District 2 (MF-2) to Multi-Family District 3 (MF-3). Mr. Brian O'Boyle, representing the owner of the property, was introduced and made a brief statement. Mr. O'Boyle noted the current owner of the property, Potomac Hillcrest LLC, had voiced in support of the future plans for underground parking. Mr. O'Boyle stated a traffic study was performed by DeShazo, Tang and Associates, Inc., which indicated the net impact, from the requested zoning change, would be negligible due to the low volume of traffic generated. Planning & Zoning Minutes 04/19/2004 Page 2 of 2 Mr. West asked if Mr. O'Boyle if he understood; if the zoning was not reconfigured to Multi- Family 3 District, an underground parking option would not be available. Mr. O'Boyle noted he understood. Mr. West inquired if there were any favoring parties in the audience. Mr. Bruce French, chairman for the Highland Park United Methodist Church, was introduced and made a brief statement. Mr. French noted he was personally involved/supported prior rezoning for the church and it's property. Mr. French added the church supports the proposed zoning change from Multi-Family District 2 to Multi-Family District 3. Mr. West inquired if there were any opposing parties in the audience. No one came forward. Mr. West, then, asked Mr. McLaurin if there had been any correspondence. Mr. McLaurin noted there had not been any. Mr. West closed the public hearing. Mr. Foose asked the applicant if the building plans would reflect the parking regulations, according to the specifications of the City of University Park ordinances. Mr. O'Boyle stated yes. Mr. Foose noted he felt as if the proposed zoning change was positive for the adjacent area. Mr. West asked for a motion. Mr. Foose moved to approve the rezoning of 5801 Hillcrest from, Multi-Family District 2 to Multi-Family District 3, with a second from Mrs. Humann. The motion was approved unanimously. Mr. West asked for a motion on the minutes from the March 15, 2004 Planning & Zoning meeting. Mr. Roach moved to approve the minutes, with a second from Mrs. Norton. The motion was approved unanimously. There being no further business before the Commission, Mr. West adjourned the meeting. Robert West, Chairman Planning & Zoning Commission Date: AGENDA MEMO (6/1/04 AGENDA) DATE: TO: FROM: SUBJECT: May 25, 2004 Honorable Mayor and City Council Wade McLaurin, Building & Zoning Administrator Consider request to rezone 5801 Hillcrest from MF-2 to MF-3 BACKGROUND: At its April 19, 2004 meeting, the Planning & Zoning Commission voted unanimously to recommend the rezoning of the property at 5801 Hillcrest from Multi Family District 2 (MF-2) to Multi Family District 3 (MF-3). The property is currently owned and maintained by the Highland Park United Methodist Church. The MF-3 zoning classification would allow a total of thirteen multi-family units on the property, as opposed to nine units allowed under the existing MF-2 zoning. A traffic study was presented, along with a plan showing 26 underground parking spaces. The traffic study noted that due to the elimination of the surface and street parking, the subject property's location, and low traffic volume generated by the use, the end result would have a "negligible" traffic impact. It was also noted by the owner's representative that under the current MF- 2 restriction of nine units, construction of an underground parking structure to serve this property would not be financially viable. The Commission felt that an underground parking structure would off-set any negative impact that might result from the increase in density. PUBLIC NOTICE: Notice for Public Hearing was advertised in the Park Cities News on the following dates: · ForP&Z- 3/25/04 · For Council - 5/6/04 RECOMMENDATION: Staff recommends approval of the adopting ordinance rezoning the subject properties from Multi Family District 2 (MF-2) to Multi Family District 3 (MF-3). 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 DeShazo, Tang & Associates, Inc. Engineers + ?[anners 400 South Houston Street, Suite 330 Dallas, TX 752024899 214.748.6740 * FAX 214.748_7037 e-mail: dta~;deshazotang, com March 16, 2004 Mr. Wade McLaurin Buildhag Official City of University' Park 3800 University Boulevard University Park, Texas 75205 RE: Traffic Review for Proposed Zoning Change at 5801 Hillcrest Avenue in University Park, Texas (DT&A No. 04063) Dear Wade: The services of DeShazo, Tang & Associates, Inc. (DT&A) were retained by O'Boyle Properties, Inc., to provide a professional review of the projected traffic impact associated with the proposed rezoning of 5801 Hillcrest Avenue &om MF-2 to MF-3. DT&A is a professional engineerhxg firm based in Dallas, Texas, and skilled in traffic/transportation engineering. The subject site is located in the northwest quadrant of the intersection of Hillcrest Avenue and Potomac Avenue in University Park, Texas. The site currently contains a six-urdt apartirtent building that has been converted to church dassrooms. Approval of the zoning change will allow the maximum number of multifamily dwelling units to increase from nine to thirteen. DT&A is of the opinion that the net traffic impact resulting &om the requested zoning change will be negligible due to the very Iow volume of traffic generated. Table 1 (attached) summarizes the weekday daily mtd peak-hour trip generation comparisons of rite two zoning scenarios based upon the Institute of Transportation Engineers' Trip Generation manual (7~' Edition). Trip Generation is the standard resource used tn traffic engineerhtg to calculate projected trip ends generated by- a given use. As shown in Table 1, the incremental increase in traffic between the existing zoning and the proposed zoning is nominal. The existing building will be replaced by new conslnmction providing 13 apartment units. As shown on rite attached site layout, a below-grade parking lot providing 26 parking spaces is plmmed in accordance with locaI zordng requirements. The site will be accessed via the existing driveways on Potomac Avenue. Since the existing access points will be retained, no modifications to the street are required. Mr. Wade McLaurin City of Universil~d Park Mardt 16, 2004 Page 2 Based upon fl~is review of projected traffic conditions, DT&A finds no significant impact that would result from the proposed zoning change. Relative to this finding, approval of the zoning change is respectfully recommended. Best regards, DeSHAZO, TANG & ASSOCIATES, 1NC. Steve E. Stoner, P.E. Associate SES:lsk C: Mr. Brian O'Boyle - O'Boyle Properties, Inc. ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY CHANGING THE ZONING ON THE PROPERTY AT $801 HILLCREST FROM MULTI FAMILY DISTRICT 2 (MF-2) TO MULTI FAMILY DISTRICT (MF-3), SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS LOTS 9 AND 10, BLOCK 6, WALKER'S ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; 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 afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map 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 and Map of the City of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by granting a change of zoning from Multi-Family 2 (MF-2) to Multi-Family 3 (MF-3) for the property at 5801 Hillcrest, more particularly described as Lots 9 and 10, Block 6, Walker's Addition, an addition to the City of University Park, Dallas County, Texas. SECTION 2. That the development of the property shall be in accordance with the provisions of the Comprehensive Zoning Ordinance of the City of University Park, as amended hereby. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby be, and the same are 65146 hereby, repealed and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdMsion, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part decided to be invalid, illegal or unconstitutional, and the same shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such a violation is continued shall be deemed to constitute a separate offense. SECTION 6. 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 the 1 st day of June 2004. APPROVED: JAMES H. HOLMES m, MAYOR 65146 ATTEST: APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY (RLD/5-24-04) ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY 65146 PARK, AS HERETOFORE AMENDED, BY CHANGING THE ZONING ON THE PROPERTY AT 5801 HILLCREST FROM MULTI FAMILY DISTRICT 2 (MF-2) TO MULTI FAMILY DISTRICT (MF-3), SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS LOTS 9 AND 10, BLOCK 6, WALKER'S ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; 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. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of June 2004. APPROVED: MAYOR ATTEST: CITY SECRETARY 65146 PLANNING AND ZONING COMM~SS~@N MINUTES April 19, 2{}84 The Planning and Zoning Commission of the City of University Park met on Monday, April 19, 2004 at 5:30 P.M. in the Council Chamber of City Hall, 3800 University Blvd~ University Park, Texas. The fbtloxving are minutes of that meeting. Commission Members Attending Staff Members Attending Robert West - Chairman Doug Roach Bill Foose Joann Norton B ea Humann Wade McLaurin - Building & Zoning Administrator Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Mr. West opened the public hearing and introduced the commission members, tie then read the specifics of the first ease. PZ 04~10 - David Hille, representing the owner of the property, requesting an amendment to the existing Planned Development District 2- Retail (PD-2-R) at 4520 Lovers Lane. The request is for an additional two (2) feet to the sixteen (16) foot addition that was approved by the Commission in November 2003. Mr. David Hille, representing the owner of the property in question and resident of 8351 San Fernando, was introduced and made a brief statement describing the property in question. Mr. Hille stated the additional two feet (2') would greatly benefit the addition to the building. He noted there were internal versus external issues, namely more room was needed for the new kennels, which are sixteen feet (16') wide. Mr. Hitle stated the parking area would not be adversely affected by the new addition. Mr. West closed the public hearing and asked for a motion. Mrs. Humann moved to approve the request, with a second from Mr. Roach. The motion was approved unanimously. Mr. West, then read the specifics of the second case. PZ 04-11 - Potomac Hillcrest LLC, o,amer of the property, requesting a rezoning of Lot 9 & I0 Block 6 of Walker's Addition of the City of University Park, more commonly known as 58(11 HHlerest from Multi-Family District 2 (MF-2) to Multi-Family District 3 (MF-3). Mr. Brian O'Boyle, representing the o,amer of the property, was introduced and made a brief statement. Mr. O'Boyle noted the current owner of the property, Potomac Hillcrest LLC, had voiced in support of the furore plans for underground parking. Mr. O'Boyle stated a traffic study was performed by DeShazo, Tang and Associates, Inc., which indicated the net impact, from the requested zoning change, would be negligible due to the iow volume of traffic generated. Planning & Zoning Min~es 04/19/2004 Page 2 of 2 Mr. West asked if Mr. O'Boyle if he understood; if the zoning was not reconfigured to Multi- Family 3 District, an underground parking option would not be available~ Mr. O'Boyle noted he understood. Mr. West inquired if there were any favoring parties in the audience. Mr. Bruce French, chairman for the Highland Park United Methodist Church, was introduced and made a brief statement. Mr. French noted he ,,vas personally involved/supported prior rezoning for the church and it's property. Mr. French added the church supports the proposed zoning change from Multi-Family District 2 to Multi-Family District 3. Mr. West inquired if there were any opposing parties in the audience. No one came forward. Mr. West, then, asked Mr. McLaurin if there had been any correspondence~ Mr. McLaurin noted there had not been any. Mr. West closed the public hearing. Mr. Foose asked the applicant if the building plans would reflect the parking regulations, according to the specifications of the City of University Park ordinances. Mr. O'Boyle stated yes. Mr. Foose noted he felt as if the proposed zoning change ~vas positive for the adjacent area. Mr. West asked f;or a motion. Mr. Foose moved to approve the rezoning of 5801 Hillcrest from, Multi-Family District 2 to Multi-Family District 3, with a second from Mrs. Humann. The motion was approved unanimously. Mr. West asked for a motion on the minutes from the March 15, 2004 Planning & Zoning meeting. Mr. Roach moved to approve the minutes, with a second from Mrs. Norton. The motion was. approved unanimously. There being no further business before the Commission, Mr. West adjourned the meeting. Robert West, Chai~an Planning & Zoning Commission Date: ~.,---//~ ~.~ AGENDA MEMO (06/01/04 AGENDA) DATE: TO: FROM: SUBJECT: May 27, 2004 Honorable Mayor and City Council City Manager Kent Austin, Director of Finance Budget amendment ITEM: The June 1, 2004 City Council agenda includes an ordinance that would amend the FY2004 budget to authorize the transfer of monies to the Capital Projects Fund for the City Hall Renovation project. The transfer of $3,450,000 comes from two sources: 1) unreserved fund balance in the General Fund (GF), $2,200,000; and 2) unreserved fund balance in the Utility Fund, $1,250,000. These transfers are part of the funding plan for the City Hall Renovation project. The plan is shown below: (1) (2) (3) Proj. No. Project Name Total FY2003 FY2004 FY2005 EXPENDITURES FORECAST 43700 City Hall Renovation 9,110,000 2,000,000 43710 City Hall Renovation II - Storm Sewer 2,196,500 2,196,500 43720 City Hall Renovation III - Water Main 635,000 635,000 7,110,000 11,941,500 2,000,000 2,831,500 7,110,000 FUNDING SOURCES 43700 City Hall Renovation (existing proj. balance) 515,500 49910 GF Budget -- General Govtl Projects 1,250,000 500,000 750,000 42993 GF Budget -- Curb & Gtr Repl FY05 500,000 500,000 Utility Fund unreserved fund balance 3,250,000 1,250,000 2,000,000 General Fund unreserv, fund balance 6,426,000 2,000,000 2,200,000 2,226,000 11,941,500 2,515,500 3,950,000 5,476,000 Net funding per year 515,500 1,118,500 (1,634,000) Project balance 515,500 1,634,000 The funding plan draws from budgeted monies as well as special fund balance drawdowns. The proposed FY2004 General Fund and Utility Fund drawdowns will leave approximately $4.4 million in the General Fund unreserved fund balance and $5.5 million in the Utility Fund unreserved fund balance. RECOMMENDATION: 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\Budget Amendment 060104 agenda memo.doc 2:10 PM 05/27/04 City staff recommends approval of the attached ordinance. Approval will continue the debt-free funding of the City Hall project in an orderly manner. The transfer has been reviewed and recommended by the Capital Projects Review Committee and the Finance Advisory Committee. ATTACHMENTS: · Budget amendment ordinance · Finance Advisory Committee meeting minutes draft, 5/18/04 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\Budget Amendment 060104 agenda memo.doc 2:10 PM 05/27/04 ORDINANCE NO. 04/ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 2003-2004 FISCAL YEAR BUDGET, ORDINANCE NO. 03/22, TO TRANSFER FUNDS FROM THE FISCAL YEAR 2004 GENERAL FUND AND UTILITY FUND INTO THE CAPITAL PROJECTS FUND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to amend Ordinance No. 03/22 to transfer funds from the fiscal year 2004 general fund and utility fund into the capital projects fund; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 03/22, the 2003-2004 fiscal year budget ordinance of the City of University Park, Texas, be, and the same appropriation in the amount of $2,200,000 and is hereby, amended to transfer a general fund a utility fund appropriation in the amount of $1,250,000 to the capital projects fund, and to be used for the City Hall renovation project, no. 43700,. That Ordinance No. 03/22 be, and the same is hereby, further amended so as to give effect to such appropriations and the City Manager is directed to transfer such funds from the general fund and utility fund, respectively, to the capital projects fund. SECTION 2. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of June, 2004. APPROVED: JAMES HOLMES, MAYOR ATTEST: C: Z)ocuments and Settingslnwilson. UNfl?PzqRK~Local SettingslTemporary Internet FileslOLK3 ~Budget Amendment Ordinance May 2004. doc APPROVED AS TO FORM: NINA WILSON, CITY SECRETARY CITY ATTORNEY C: ~)ocuments and Setting, slnwilson. UN]VPAR~Local Setting, slTemporary Internet ~ileslOLK3 ~udg, et Amendment Ordinance 3~ay 2004. doc CITY OF UNIVERSITY PARK, TEXAS FINANCE ADVISORY COMMITTEE TUESDAY, MAY 18, 2004 at 7:30 A.M. MINUTES Committee members attending: Atwood, John Edwards, Richard Harralson, Howell Kelley, Terry Mahon, Ed Others present: Austin, Kent Absent: Davis, Dick - Council member Olmsted, Bob Stuart, John Call to order. Chairman Bob Olmsted was unable to attend. Kent Austin called the meeting to order at 7:40 a.m. with members Atwood, Harralson, Kelley, and Mahon present Review/approve minutes of February 11, 2004 meeting. John Atwood moved approval of the February 11, 2004 meeting minutes. Ed Mahon seconded, and the motion was approved 4-0. Discuss/consider recommendation for City Hall and major projects funding. Committee member Richard Edwards arrived. Austin briefed the Committee on staff' s recommended funding plan for the City Hall renovation, Lovers Lane II reconstruction, and Northwest Parkway screening wall projects. The plan, provided in the Committee's agenda packet, recommends assembling funds for the projects from a combination of budgeted monies and fund balance drawdowns in the General Fund and Utility Fund. Austin noted that for FY2004 the plan includes a transfer of $3.45 million to the Capital Projects Fund for the City Hall Renovation project (no. 43700). Of this total, $2.2 million is from the General Fund and $1.25 million is from the Utility Fund. After discussion, Terry Kelly moved approval of the funding plan and fund balance drawdowns. John Atwood seconded, and the motion was approved 5-0. Review January-March 2004 City investment report. The Committee reviewed the quarterly investment report for the period ended March 31, 2004. The City's portfolio market value totaled $50,181,909 and earned a weighted average return of 1.618%, down from the prior quarter's 1.757%. The 3/31/04 portfolio composition consisted of 50.6% U.S. agencies, 29.4% investment pools, 14.1% certificates of deposit, and 6.0% U.S. Treasuries. No action was taken. Terry Kelley departed the meeting. C:~Documents and Settingslnwils°n'UNIVPARK~L°cal SettingslTernporary [nternet FileslOLK3~FACminutes 051804. doc 05/27/04 7. Consider amendment of City investment poficy to approve TexasTERM as an authorized investment pool for the City of University Park. The Committee discussed modifying the City's investment policy to add the TexasTERM investment pool as an authorized investment. This subject had been discussed at the February 11, 2004 Committee meeting, when members met with senior portfolio manager Susan Anderson. John Atwood moved approval of TexasTERM for inclusion in the City investment policy. Howell Harralson seconded, and the motion was approved 4-0. Follow-up items. a. FY2003 audit - Kent Austin informed the Committee that the FY2003 audit was concluding and that Controller Tom Tvardzik and staff were finalizing the Comprehensive Annual Financial Report (CAFR) document. The CAFR will be issued by May 31, the City's deadline to submit the document to the Government Finance Officers Association for its annual CAFR award program. b. Depository bank contract - Austin informed the Committee that the bank depository RFP process had not progressed since the Committee's last meeting but would be underway soon. New business. There was no new business. Set next Committee meeting date. The next meeting will be in August. Adjourn. The meeting adjourned at 8:20 a.m. Submitted by Kent Austin, Director of Finance Bob Olmsted, Chair C:~Documents and Settingslnwils°n'UNIVPARK~L°cal SettingslTernporary [nternet FileslOLK3~FACminutes 051804. doc 05/27/04 DATE: TO: FROM: SUBJECT: AGENDA MEMO (06/01/04 AGENDA) May 6, 2004 Honorable Mayor and City Council City Manager Kent R. Austin, Director of Finance Proposal for cable TV franchise renewal advisory group INTRODUCTION: As you know, the City's cable TV franchise agreement with Charter Communications expires in 2005, and the renewal process has begun. In the past, City staff and sometimes a Council representative have conducted this process. This time, ! propose setting up a group that would operate similarly to our existing advisory committees. For example, the Finance Advisory Committee has worked with me on selection of external auditors and depository banks. Such an approach would be especially helpful for the cable franchise renewal process. A Council-appointed group of residents and an ex-officio member from the City Council would provide the following benefits: 1. Residents, who are also cable TV subscribers, would have a direct means of providing input to whatever new franchise agreement is reached. 2. Participants would gain an understanding of what the City can and cannot do as a regulatory authority over cable TV. Many times customers will call to complain about cable service and demand that the City find a new provider. Resident participation on an advisory group would help customers understand the complexities and details of the regulatory and franchise renewal process. 3. The cable TV provider may prove more responsive or interested if they understand that a group of customers, not just City staff, is involved in the process. 4. The resulting franchise will have greater credibility for having involved customers and addressing their questions/needs. RECOMMENDATION I envision a five- to nine-member group, appointed by the City Council and tentatively named the Franchise Renewal Advisory Group (FRAG). The group would disband upon completion of the renewal process. Meetings could be held every month or as needed. An invitation to apply for the committee could be included in the citizen newsletter, and City staff could provide some nominees. ! recommend beginning this process now, so that a committee could begin meeting by August. 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\FRAG memo 05 2004.doc 3:00 PM 05/27J AGENDA MEMO (06/01/04AGENDA) DATE: May 26, 2004 TO: Honorable Mayor and Council FROM: Bob Livingston SUBJECT: Committee Appointments The City's statutory committees and citizen advisory committees are comprised of volunteer residents appointed by the Mayor and Council. The Committee system is intended to provide an avenue for direct input from citizens, as well as an opportunity for the City to benefit from the considerable expertise represented by University Park residents. The two-year term of appointment corresponds with the bi-annual Council elections; therefore, Council action is needed to approve the two year appointments for all city committees. RECOMMENDATION: Staff recommends the approval of the proposed committee appointments as listed. ATTACHMENTS: Proposed Committee Appointments (will be distributed at the meeting) 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~Appointments 6 01 04.doc 3:43 PM 05/26J AGENDA MEMO (06/01/04 AGENDA) DATE: TO: FROM: SUBJECT: Date for June May 26, 2004 Honorable Mayor and Members of the City Council Bob Livingston Work Session and Discussion of Meeting Dates for the Remainder of 2004 Mayor Holmes has a conflict for the June 16th Work Session and has proposed an alternate date of Friday, June l 8th. Additionally, the City Secretary has attached a list of meeting dates for the reminder of the 2004. This item will provide an opportunity to review the upcoming dates to see if you may want to adjust any of them. RECOMMENDATION: Determine alternate dates for any meetings necessary. ATTACHMENTS: List of meeting dates for the remainder of 2004. 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\JUNEWKSESSION052604.doc 3:50 PM 05/26/04 AGENDA MEMO (06-01-04 AGENDA) DATE: TO: FROM: SUBJECT: May 26, 2004 Bob Livingston City Manager Gene R. Smallwood, P.E. Director of Public Works Consider Change Order No 1, in the amount of $148,033.50, to the contract with SYB Construction for utility improvements along Lovers Lane. Background. At their 12.09.03 meeting, the City Council approved a contract in the amount of $1,489,258.00 with SYB Construction for utility improvements along Lovers Lane. That work included a 12" waterline along Lovers from Snider Plaza to Willard, a 16" sanitary sewer (again along Lovers) from Thackery to Hillcrest, and some minor sanitary sewer work adjacent to the Airline and Boedeker intersections. We recently discussed the possible future pavement reconstruction of Lovers Lane, Thackery to Hillcrest. That project could be expedited if the remaining utility work in that section is completed as part of the current SYB contract. To that end, staff solicited Change Order No 1 (copy attached) for consideration by Council. Discussion. Staff would recommend City Council approval of Change Order No 1 in the amount of $148,033.50 for installation of the 12" waterline along Lovers Lane, Thackery to Snider Plaza. 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 Utilities SYB CO No 1 06 01 04.doc 3:35 PM 05/26/04 5/28/2004 CHANGE ORDER NO 1 TO CONTRACT WITH SYB CONSTRUCTION PROJECT NO: 42730 PROJECT DESCRIPTION: 12" watermain along Lovers Lane from Snider Plaza east to Willard, 16" sanitary sewer from Thackery to Hillcrest, and some minor sanitary sewer reconstruction at Airline and Boedeker intersections. Original contract amount Change Order No 1 Revised Contract $1,489,258.00 $148,033.50 $1,637,291.50 DESCRIPTION OF CHANGE ORDER NO !: Installation of 12" watermain along Lovers Lane from Snider Plaza west to Thackery. APPROVED BY CITY COUNCIL: ACCEPTED: City of University Park Date SYB Construction Bob Livingston, City Manager Randy Bennett, Vice President PLANNING AND ZONING COMM~SS~@N MINUTES April 19, 2{}84 The Planning and Zoning Commission of the City of University Park met on Monday, April 19, 2004 at 5:30 P.M. in the Council Chamber of City Hall, 3800 University Blvd~ University Park, Texas. The fbtloxving are minutes of that meeting. Commission Members Attending Staff Members Attending Robert West - Chairman Doug Roach Bill Foose Joann Norton B ea Humann Wade McLaurin - Building & Zoning Administrator Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Mr. West opened the public hearing and introduced the commission members, tie then read the specifics of the first ease. PZ 04~10 - David Hille, representing the owner of the property, requesting an amendment to the existing Planned Development District 2- Retail (PD-2-R) at 4520 Lovers Lane. The request is for an additional two (2) feet to the sixteen (16) foot addition that was approved by the Commission in November 2003. Mr. David Hille, representing the owner of the property in question and resident of 8351 San Fernando, was introduced and made a brief statement describing the property in question. Mr. Hille stated the additional two feet (2') would greatly benefit the addition to the building. He noted there were internal versus external issues, namely more room was needed for the new kennels, which are sixteen feet (16') wide. Mr. Hitle stated the parking area would not be adversely affected by the new addition. Mr. West closed the public hearing and asked for a motion. Mrs. Humann moved to approve the request, with a second from Mr. Roach. The motion was approved unanimously. Mr. West, then read the specifics of the second case. PZ 04-11 - Potomac Hillcrest LLC, o,amer of the property, requesting a rezoning of Lot 9 & I0 Block 6 of Walker's Addition of the City of University Park, more commonly known as 58(11 HHlerest from Multi-Family District 2 (MF-2) to Multi-Family District 3 (MF-3). Mr. Brian O'Boyle, representing the o,amer of the property, was introduced and made a brief statement. Mr. O'Boyle noted the current owner of the property, Potomac Hillcrest LLC, had voiced in support of the furore plans for underground parking. Mr. O'Boyle stated a traffic study was performed by DeShazo, Tang and Associates, Inc., which indicated the net impact, from the requested zoning change, would be negligible due to the iow volume of traffic generated. Planning & Zoning Min~es 04/19/2004 Page 2 of 2 Mr. West asked if Mr. O'Boyle if he understood; if the zoning was not reconfigured to Multi- Family 3 District, an underground parking option would not be available~ Mr. O'Boyle noted he understood. Mr. West inquired if there were any favoring parties in the audience. Mr. Bruce French, chairman for the Highland Park United Methodist Church, was introduced and made a brief statement. Mr. French noted he ,,vas personally involved/supported prior rezoning for the church and it's property. Mr. French added the church supports the proposed zoning change from Multi-Family District 2 to Multi-Family District 3. Mr. West inquired if there were any opposing parties in the audience. No one came forward. Mr. West, then, asked Mr. McLaurin if there had been any correspondence~ Mr. McLaurin noted there had not been any. Mr. West closed the public hearing. Mr. Foose asked the applicant if the building plans would reflect the parking regulations, according to the specifications of the City of University Park ordinances. Mr. O'Boyle stated yes. Mr. Foose noted he felt as if the proposed zoning change ~vas positive for the adjacent area. Mr. West asked f;or a motion. Mr. Foose moved to approve the rezoning of 5801 Hillcrest from, Multi-Family District 2 to Multi-Family District 3, with a second from Mrs. Humann. The motion was approved unanimously. Mr. West asked for a motion on the minutes from the March 15, 2004 Planning & Zoning meeting. Mr. Roach moved to approve the minutes, with a second from Mrs. Norton. The motion was. approved unanimously. There being no further business before the Commission, Mr. West adjourned the meeting. Robert West, Chai~an Planning & Zoning Commission Date: ~.,---//~ ~.~ CITY OF UNIVERSITY PARK, TEXAS FINANCE ADVISORY COMMITTEE TUESDAY, MAY 18, 2004 at 7:30 A.M. MINUTES Committee members attending: Atwood, John Edwards, Richard Harralson, Howell Kelley, Terry Mahon, Ed Others present: Austin, Kent Absent: Davis, Dick - Council member Olmsted, Bob Stuart, John Call to order. Chairman Bob Olmsted was unable to attend. Kent Austin called the meeting to order at 7:40 a.m. with members Atwood, Harralson, Kelley, and Mahon present Review/approve minutes of February 11, 2004 meeting. John Atwood moved approval of the February 11, 2004 meeting minutes. Ed Mahon seconded, and the motion was approved 4-0. Discuss/consider recommendation for City Hall and major projects funding. Committee member Richard Edwards arrived. Austin briefed the Committee on staff' s recommended funding plan for the City Hall renovation, Lovers Lane II reconstruction, and Northwest Parkway screening wall projects. The plan, provided in the Committee's agenda packet, recommends assembling funds for the projects from a combination of budgeted monies and fund balance drawdowns in the General Fund and Utility Fund. Austin noted that for FY2004 the plan includes a transfer of $3.45 million to the Capital Projects Fund for the City Hall Renovation project (no. 43700). Of this total, $2.2 million is from the General Fund and $1.25 million is from the Utility Fund. After discussion, Terry Kelly moved approval of the funding plan and fund balance drawdowns. John Atwood seconded, and the motion was approved 5-0. Review January-March 2004 City investment report. The Committee reviewed the quarterly investment report for the period ended March 31, 2004. The City's portfolio market value totaled $50,181,909 and earned a weighted average return of 1.618%, down from the prior quarter's 1.757%. The 3/31/04 portfolio composition consisted of 50.6% U.S. agencies, 29.4% investment pools, 14.1% certificates of deposit, and 6.0% U.S. Treasuries. No action was taken. Terry Kelley departed the meeting. C:~Documents and Settingslnwils°n'UNIVPARK~L°cal SettingslTernporary [nternet FileslOLK3~FACrninutes 051804 (2).doc 05/28/04 7. Consider amendment of City investment poficy to approve TexasTERM as an authorized investment pool for the City of University Park. The Committee discussed modifying the City's investment policy to add the TexasTERM investment pool as an authorized investment. This subject had been discussed at the February 11, 2004 Committee meeting, when members met with senior portfolio manager Susan Anderson. John Atwood moved approval of TexasTERM for inclusion in the City investment policy. Howell Harralson seconded, and the motion was approved 4-0. Follow-up items. a. FY2003 audit - Kent Austin informed the Committee that the FY2003 audit was concluding and that Controller Tom Tvardzik and staff were finalizing the Comprehensive Annual Financial Report (CAFR) document. The CAFR will be issued by May 31, the City's deadline to submit the document to the Government Finance Officers Association for its annual CAFR award program. b. Depository bank contract - Austin informed the Committee that the bank depository RFP process had not progressed since the Committee's last meeting but would be underway soon. New business. There was no new business. Set next Committee meeting date. The next meeting will be in August. Adjourn. The meeting adjourned at 8:20 a.m. Submitted by Kent Austin, Director of Finance Bob Olmsted, Chair C:~Documents and Settingslnwils°n'UNIFPARK~L°cal SettingslTernporary [nternet FileslOLZ~3~FACminutes 051804 (2).doc 05/28/04 CITY OF UNIVERSITY PARK, TEXAS FINANCE ADVISORY COMMITTEE TUESDAY, MAY 18, 2004 at 7:30 A.M. MINUTES Committee members attending: Atwood, John Edwards, Richard Harralson, Howell Kelley, Terry Mahon, Ed Others present: Austin, Kent Absent: Davis, Dick - Council member Olmsted, Bob Stuart, John Call to order. Chairman Bob Olmsted was unable to attend. Kent Austin called the meeting to order at 7:40 a.m. with members Atwood, Harralson, Kelley, and Mahon present Review/approve minutes of February 11, 2004 meeting. John Atwood moved approval of the February 11, 2004 meeting minutes. Ed Mahon seconded, and the motion was approved 4-0. Discuss/consider recommendation for City Hall and major projects funding. Committee member Richard Edwards arrived. Austin briefed the Committee on staff' s recommended funding plan for the City Hall renovation, Lovers Lane II reconstruction, and Northwest Parkway screening wall projects. The plan, provided in the Committee's agenda packet, recommends assembling funds for the projects from a combination of budgeted monies and fund balance drawdowns in the General Fund and Utility Fund. Austin noted that for FY2004 the plan includes a transfer of $3.45 million to the Capital Projects Fund for the City Hall Renovation project (no. 43700). Of this total, $2.2 million is from the General Fund and $1.25 million is from the Utility Fund. After discussion, Terry Kelly moved approval of the funding plan and fund balance drawdowns. John Atwood seconded, and the motion was approved 5-0. Review January-March 2004 City investment report. The Committee reviewed the quarterly investment report for the period ended March 31, 2004. The City's portfolio market value totaled $50,181,909 and earned a weighted average return of 1.618%, down from the prior quarter's 1.757%. The 3/31/04 portfolio composition consisted of 50.6% U.S. agencies, 29.4% investment pools, 14.1% certificates of deposit, and 6.0% U.S. Treasuries. No action was taken. Terry Kelley departed the meeting. C:~Documents and Settingslnwils°n'UNIVPARK~L°cal SettingslTernporary [nternet FileslOLK3~FACrninutes 051804 (3).doc 05/28/04 7. Consider amendment of City investment poficy to approve TexasTERM as an authorized investment pool for the City of University Park. The Committee discussed modifying the City's investment policy to add the TexasTERM investment pool as an authorized investment. This subject had been discussed at the February 11, 2004 Committee meeting, when members met with senior portfolio manager Susan Anderson. John Atwood moved approval of TexasTERM for inclusion in the City investment policy. Howell Harralson seconded, and the motion was approved 4-0. Follow-up items. a. FY2003 audit - Kent Austin informed the Committee that the FY2003 audit was concluding and that Controller Tom Tvardzik and staff were finalizing the Comprehensive Annual Financial Report (CAFR) document. The CAFR will be issued by May 31, the City's deadline to submit the document to the Government Finance Officers Association for its annual CAFR award program. b. Depository bank contract - Austin informed the Committee that the bank depository RFP process had not progressed since the Committee's last meeting but would be underway soon. New business. There was no new business. Set next Committee meeting date. The next meeting will be in August. Adjourn. The meeting adjourned at 8:20 a.m. Submitted by Kent Austin, Director of Finance Bob Olmsted, Chair C:~Documents and Settingslnwils°n'UNIFPARK~L°cal SettingslTernporary [nternet FileslOLZ~3~FACminutes 051804 (3).doc 05/28/04 PLANNING AND ZONING COMM~SS~@N MINUTES April 19, 2{}84 The Planning and Zoning Commission of the City of University Park met on Monday, April 19, 2004 at 5:30 P.M. in the Council Chamber of City Hall, 3800 University Blvd~ University Park, Texas. The fbtloxving are minutes of that meeting. Commission Members Attending Staff Members Attending Robert West - Chairman Doug Roach Bill Foose Joann Norton B ea Humann Wade McLaurin - Building & Zoning Administrator Jennifer Patrick - Administrative Secretary Rob Dillard - City Attorney Mr. West opened the public hearing and introduced the commission members, tie then read the specifics of the first ease. PZ 04~10 - David Hille, representing the owner of the property, requesting an amendment to the existing Planned Development District 2- Retail (PD-2-R) at 4520 Lovers Lane. The request is for an additional two (2) feet to the sixteen (16) foot addition that was approved by the Commission in November 2003. Mr. David Hille, representing the owner of the property in question and resident of 8351 San Fernando, was introduced and made a brief statement describing the property in question. Mr. Hille stated the additional two feet (2') would greatly benefit the addition to the building. He noted there were internal versus external issues, namely more room was needed for the new kennels, which are sixteen feet (16') wide. Mr. Hitle stated the parking area would not be adversely affected by the new addition. Mr. West closed the public hearing and asked for a motion. Mrs. Humann moved to approve the request, with a second from Mr. Roach. The motion was approved unanimously. Mr. West, then read the specifics of the second case. PZ 04-11 - Potomac Hillcrest LLC, o,amer of the property, requesting a rezoning of Lot 9 & I0 Block 6 of Walker's Addition of the City of University Park, more commonly known as 58(11 HHlerest from Multi-Family District 2 (MF-2) to Multi-Family District 3 (MF-3). Mr. Brian O'Boyle, representing the o,amer of the property, was introduced and made a brief statement. Mr. O'Boyle noted the current owner of the property, Potomac Hillcrest LLC, had voiced in support of the furore plans for underground parking. Mr. O'Boyle stated a traffic study was performed by DeShazo, Tang and Associates, Inc., which indicated the net impact, from the requested zoning change, would be negligible due to the iow volume of traffic generated. Planning & Zoning Min~es 04/19/2004 Page 2 of 2 Mr. West asked if Mr. O'Boyle if he understood; if the zoning was not reconfigured to Multi- Family 3 District, an underground parking option would not be available~ Mr. O'Boyle noted he understood. Mr. West inquired if there were any favoring parties in the audience. Mr. Bruce French, chairman for the Highland Park United Methodist Church, was introduced and made a brief statement. Mr. French noted he ,,vas personally involved/supported prior rezoning for the church and it's property. Mr. French added the church supports the proposed zoning change from Multi-Family District 2 to Multi-Family District 3. Mr. West inquired if there were any opposing parties in the audience. No one came forward. Mr. West, then, asked Mr. McLaurin if there had been any correspondence~ Mr. McLaurin noted there had not been any. Mr. West closed the public hearing. Mr. Foose asked the applicant if the building plans would reflect the parking regulations, according to the specifications of the City of University Park ordinances. Mr. O'Boyle stated yes. Mr. Foose noted he felt as if the proposed zoning change ~vas positive for the adjacent area. Mr. West asked f;or a motion. Mr. Foose moved to approve the rezoning of 5801 Hillcrest from, Multi-Family District 2 to Multi-Family District 3, with a second from Mrs. Humann. The motion was approved unanimously. Mr. West asked for a motion on the minutes from the March 15, 2004 Planning & Zoning meeting. Mr. Roach moved to approve the minutes, with a second from Mrs. Norton. The motion was. approved unanimously. There being no further business before the Commission, Mr. West adjourned the meeting. Robert West, Chai~an Planning & Zoning Commission Date: ~.,---//~ ~.~ CAPITAL PROJECTS UPDATE Week of June 1, 2004 Project No. Description Cost Major Tasks Uncompleted Target Date 42450 Fondren Tower- Fire Station No. 2 $30,000.00 (E) In-house construction (FD & FM) RLG completion of structural design TBD Complete 42730 Lovers Lane Reconstruction II - Hillcrest to NCE (1) Water & sanitary sewer construction (2) Pavement & Drainage Improvements $4,000,000.00 (E) Design Utility construction Interlocal agreement with City of Dallas Design Bids Complete Oct-04 Complete Apr-04 May-04 42903 NCE Wall - Streets - Landscaping Tree / Street Lighting - Sidewalks $150,000.00 (E) Street light equipment installed "Entry Plaza" construction Complete Sum-04 42980 42980 C& G Replacement FY00-01 C& G Replacement FY00-01 Change No 1 (**) (continued) $2,223,254.65 (A) $351,523.50 (A) Amherst, Durham to Airline Amherst, TC B!vd to T,J!3,qe Baltimore, Lovers Lane to Hanover Bryn Mawr, Boedeker to Airline Boedeker, Hanover to Southwestern Caruth, Turtle Creek Blvd to Thackeray Complete Delete Complete Complete Complete Complete Page 1 42980 C& G Replacement FYO0-01 (continued) Page 2 Centenary, Thackeray to Baltimore Glenwick, Preston to Westwick Glenwick, Preston to HPH8 parking garage Grassmere, Preston to Westchester Granada, Hillcrest to Key Glenwick, Preston to HS Garage Greenbrier, Preston to Douglas H~over, Presto~ to B~!timore Hyer, Preston to Westchester Larchmont, Armstrong to Lomo Alto Marquette, Baltimore to Pickwick Marquette, Tudle Creek Blvd to Thackeray McFarlin, Preston to Westchester Normandy, Armstrong to Lomo Alto Purdue, Durham to Dickens Rosedale, Thackew to Golf San Carlos, Preston to Armstrong + Lomo Alto Shenandoah, Douglas to Armstrong Shenandoah, Roland to Armstrong Shenandoah, Hillcrest to Auburndale Stanford, Airline to Hillcrest Stanhope, Armstrong to Lomo Alto Thackeray, Rosedale to Milton University Blvd, Golf to alley east of Haynie Williams Pkwy, University to McFarlin (padial) Windsor Pkwy, Douglas to Preston Pkwy Complete Delete Complete Complete Complete Delete Complete Complete Delete Complete Complete Apr-04 Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Com )lete Complete Complete Complete Windsor Pkwy, Douglas to Lomo Alto Complete 46310 MPY-Caruth Park Area Water / San Sewer / Stm Sewer $2,135,000.00 (E) Design Bids Complete Jun-04 43700 City Hall - Renovation and Expansion ............. (E) Conceptual Design Construction Plans & Specs Complete Fall-04 43710 City Hall II - Drainage Improvements $3,000,000.00 (E) Design Corps of Engineers 404 Permit Wetlands Mitigation Credits Bids May-04 Complete Complete Jun-04 43710 City Hall III - 24" Water main Installation $630,000.00 (E) Water main construction Pavement Repairs Complete Complete 48100 Paint Fondren Elevated Tank $300,000.00 (E) Specification / Bid Documents Bids Complete TBD 48200 MPY-Auburndale-Key/Water/Sanitary Sewer/Storm S~ $555,000.00 (E) Design Bids Spt-04 TBD 48300 Automated Meter Reading $1,200,000.00 (E) AMR installation - Cycle 1 (N of Lovers Lane) AMR installation - Cycle 2 (S of Lovers Lane) AMR installation - Cycle 3 (Parks, large meters, Training of City staff (Mobile Unit) Complete Complete Complete Complete Page 3