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HomeMy WebLinkAboutAgenda 07-06-06 Names TabsA G E N D A #2614 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS THURSDAY, JULY 06, 2006 AT 5:00 P.M. 3:30-4:00 P.M. TRAINING SESSION ON FINANCIAL DISCLOSURE 4:00-5:00 P.M. WORK SESSION FOR AGENDA REVIEW I.INVOCATION – City Secretary Nina Wilson II.PLEDGE OF ALLEGIANCE – City Secretary Nina Wilson III.INTRODUCTION OF COUNCIL – Mayor James H. Holmes, III IV.INTRODUCTION OF STAFF – City Manager Bob Livingston V.AWARDS AND RECOGNITION DEPARTMENT PIN: Director of Parks Gerry Bradley, 2 years of service to the City of University Park VI. CONSENT AGENDA A.CONSIDER: Right-of-Way License Agreement for 3208 Daniel – Smallwood Tab I B.CONSIDER: Approval of City Council Meeting Minutes for June 20 and June 27, 2006 – Wilson Tab II VII.MAIN AGENDA A.PUBLIC HEARING: Water Quality Consumer Confidence Report – Smallwood Tab III B.DISCUSS: Street Closure Along Northwest Parkway – Smallwood Tab IV C.CONSIDER: Ordinance for red light cameras – Adams Tab V D.CONSIDER: Marking Two-Hour Parking , 6901 Snider Plaza – Adams, Tab VI E.CONSIDER: UP Friends of the Library/October Arbor – Mace Tab VII F.CONSIDER: Design Concept for City Entrance Marker Program – Bradley Tab VIII G.CONSIDER: Award of Architectural Services Contract, Coffee Park – Bradley Tab IX H.CONSIDER: Award of Architectural Services Contract, Barbara Hitzelberger Park – Bradley Tab X I.CONSIDER: Participation in the Regional Stormwater Program through North Central Texas Council of Governments – Smallwood Tab XI J.DISCUSS: Date for City Council/Staff Two-Day Retreat – Smith Tab XII VIII.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. 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. IX. INFORMATION AGENDA Tab XIII REPORTS, BOARD AND COMMITTEE MEETING MINUTES A.BOARD OF ADJUSTMENT B.EMPLOYEE BENFITS ADVISORY COMMITTEE C.FINANCE ADVISORY COMMITTEE D.PARK ADVISORY COMMITTEE E.PLANNING & ZONING COMMISSION Minutes for May 15, 2006 F.PROPERTY CASUALTY & LIABILITY INSURANCE ADVISORY COMMITTEE G.PUBLIC SAFETY ADVISORY COMMITTEE H.PUBLIC WORKS ADVISORY COMMITTEE I.URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE J.ZONING ORDINANCE ADVISORY COMMITTEE K.CAPITAL PROJECTS REVIEW COMMITTEE AGENDA MEMO (7/6/06 AGENDA) DATE: June 29, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: ROW License Agreement: 3208 Daniel ITEM: The developer of a multi-family property at 3208 Daniel is nearly complete with construction of a structure that contains an underground parking garage. Sect ion 3.103, Amendments to the Building Code, contains language in Section 1803.3.1, Drainage requirements, that requires all basements or below grade construction in residential units to contain drainage systems that must be drained through enclosed pipe into the City's storm water drainage system. The developer opened a trench two feet back of curb in the parkway along Daniel and installed a 1.5” PVC pipe into the inlet at the Daniel/Airline intersection. A license agreement for use of the ROW is required. Since the property is a condominium complex with a homeowner’s association, the license agreement is between the City and the developer, LTN properties. The homeowner’s association is currently not established. However, after the license agreement is executed by the City Council, the agreement will be filed with Dallas County, thereby ensuring the license agreement stays with the property regardless of who owns the property. RECOMMENDATION: Staff recommends approval of this ROW license agreement. ATTACHMENTS: License Agreement and Addendum Letter 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\Lic Agreement 3208 Daniel.doc 9:03 AM 06/29/06 A r- w (,... .-J 3 z:: )-\ c.L S- o 1 ./C) -0 ~ ~ "- '-.9 ro (Yj J) V) - . - --- L- V Q) '<t ~ 0- .... 1..- ,- .p Q ~ ~ r: \ 0<J R (V) \ ~ \..:0 ~ "2 k a -----,.. ..,- ~ -1 <t- ':s ~ \- - o RESIDENTIAL LICENSE AGREEMENT CITY OF UNIVERSITY PARK ****************************************************************************** This License Agreement (the "Agreement") effective as provided herein (the "Effective Date"), is between the City of University Park, a municipal corporation (the "City"), and I TN f fr~I'+ 'I c.." I T;"c.. , (the "Licensee"). RECITALS WHEREAS, the Licensee desires to place, install, and maintain 3 'd..O$( Oo--I\'le \ Su ""f fVl\'\p \,C\~.!the Improvements") in, under, or upon City right-of- way, easement or property (the "Property"), to benefit the Licensee's premises at 3 J...()~ 'Oo,..'^ \ e....\ ' University Park, Dallas County, Texas (the "premises"); and WHEREAS, such Improvements are more specifically shown on Exhibit "A" attached hereto, for the purpose of for the premises; and WHEREAS, the City desires to grant Licensee the privilege to place, install, remove and maintain the Improvements in the City right-of-way, easement or property depicted in Exhibit "A" upon the terms set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the City and Licensee agree as follows: I. GRANT OF LICENSE 1.1 License to Maintain Certain Articles on Property. The City hereby licenses and authorizes the Licensee at all times during the term of this Agreement to place, install, remove, and maintain the Improvements on the Property depicted in Exhibit "A" attached, subject to the terms and conditions contained in this Agreement. 1.2 Exclusive Use. The Licensee, its successors and assigns as permitted herein, may place, install, and maintain on the Property the Improvements to be used exclusively for the benefit of the premises. II. CONDITIONS PRECEDENT AND EFFECTIVE DATE 2.1 Prior Plan. With this Agreement, the Licensee hereby submits to the Community Development Manager and the Director of Public Works of the City plans for the placement, arrangement, and installation of the Improvements. 1 2.2 Review by City. The Community Development Manager or his representative and the Director of Public Works or his representative shall review the plans and make modifications to the plans that they, in their sole discretion, consider reasonably necessary or appropriate for the preservation of the public health, safety, and welfare of the City. 2.3 Approval and Effective Date. This Agreement and the rights and obligations hereunder shall become effective when the last one of either the Community Development Manager or his representative or the Director of Public Works or his representative has approved the plans. The Licensee agrees to place, arrange, or install the Improvements on the Property according to the approved plans. The Licensee shall not place, arrange, or install any articles on the Property before the plans have been approved. The City retains the right to remove any article or all articles placed in, under, or onto the Property at any time and retains the right to modify or amend the plans at any time after the Effecti ve Date of this Agreement, upon reasonable notice to the Licensee, such notice informing the Licensee of the purpose and reasonableness of the modification(s) or amendment(s). III. INDEMNIFICA TION AND INSURANCE 3.1 Liabilities, Losses, or Damages. Licensee agrees to indemnify and save harmless the City from any liability, claims or damages the City may suffer as a result of any claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorneys' fees, arising out of the use, maintenance, placement, installation, operation, or removal of the Improvements. 3.2 Period Covered. The indemnity provided by this Agreement will extend from the date of this Agreement to the Termination of this Agreement. 3.3 Expenses. Attorneys' Fees. and Costs. If the City, in the enforcement of Paragraph 2.3 of this Agreement, shall incur necessary expenses, or become obligated to pay attorneys' fees or court costs, the Licensee agrees to reimburse the City promptly for such expenses, attorneys' fees, or costs after receiving notice from the City of the incurring of such expenses, costs, or obligations. 3.4 Interest. The Licensee agrees to pay the City interest at the rate ofTen Percent (10%) per annum on any necessary expenses or costs incurred by the City in the enforcement of Paragraph 2.3 of this agreement, or on any sum that the City is obligated to pay with respect to the matters for which indemnity is given in this Agreement, from the date such expenses or costs are incurred, or such sums are paid. 3.5 Notice of Claim Against. The City agrees to give the Licensee prompt written notice of any claim made against the City on the obligations indemnified by the Licensee hereunder. 3.6 Limitation on Liability. The City and the Licensee agree that the provisions of Article II of this Agreement shall not in any way limit the liability of the Licensee. 2 3.7 Insurance. The Licensee agrees to carry and maintain, during the entire term of this Agreement, the following insurance policies: A. Commercial General Liability Insurance in amounts not less than those established as maximum recovery limits recoverable against the City under the Texas Civil Practice and Remedies Code, as amended; and B. Personal Liability insurance in amounts not less than those required under A. above. Such policies of insurance shall be issued by companies authorized to conduct business in the State of Texas and shall name the City as additional insured. Certificates evidencing such insurance contracts and certified copies of such insurance contracts shall be deposited with the Risk Manager for the City. The policy limits provided in the Agreement shall change in accordance with the provisions for maximum liability under the Texas Civil Practice and Remedies Code. Such certificates shall require thirty days' written notice to the City in the event of default by Licensee or termination of any coverage. IV. ASSIGNMENT " . 4 1 Nonassignable. This License is personal to the owner of the premises at 3<lO~ O;..I\\e \ (the "property"). It is non-assignable, except when the property for which this License is granted is conveyed by Licensee, in which case, this License may be assigned by Licensee to a subsequent owner, provided such assignment is in writing, specifically requires the assignee to agree to and abide by the terms of this Agreement, is signed by the assignee, and recorded in the real property records of Dallas County, Texas. Any other attempt to assign this License will terminate the License granted to Licensee under this Agreement. V. TERMINATION 5.1 Terminable at Will. This Agreement is terminable by either party at will by the giving of thirty days' written notice to the other party. VI. GENERAL PROVISIONS 6.1 Governing Law. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the laws ofthe State of Texas. Exclusive venue of any action hereon shall lie in Dallas County, Texas 6.2 Amendment. No amendment, supplement, or waiver of this Agreement or any of its 3 provisions shall be binding upon the parties hereto unless made in writing and duly signed by all parties. 6.3 Waiver. A failure or delay of the City to enforce at any time any of the provisions of this Agreement, or to exercise any option that is provided in this Agreement, or to require at any time performance of any of the provisions of this Agreement, shall in no way be construed to be a waiver of such provision of this Agreement. 6.4 Entirety of Agreement. This Agreement constitutes the entire Agreement between the City and the Licensee and supersedes all previous agreements, promises, representations, whether written or oral, between the City and the Licensee with respect to the subject matter of this Agreement. 6.5 Heading. The article and section headings in this Agreement are for convenience only and do not constitute part of this Agreement. 6.6 Sole Benefit. Nothing expressed or referred to in this Agreement is intended or shall be construed to give any person, firm, or entity, other than the City or the Licensee, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provisions in this Agreement. It is the intention of the City and the Licensee that this Agreement, the assumption of obligations and statements of responsibilities herein, and all conditions and provisions of this Agreement are for the sole benefit of the City and the Licensee, and for the benefit of no other person, firm, or entity. 6.7 Notice. Any notices or other communications required or permitted to be given under this Agreement, unless otherwise specifically provided, shall be deemed given, if sent by first-class mail, postage prepaid, to such party at its address set forth below and shall be effective as of the date of actual delivery of the notice. Either party may change its notice address by a written notice as provided herein. 6.8 Recording. The Licensee must record this License with Dallas County and provide written documentation that such recording has been completed. If to the City: City Manager If to Licensee: City of University Park 3800 University Blvd. Box 8005 University Park, TX 75205-0005 ~T~ frcf...(~\e~/r(l(. 3;),,0 ~ DL'l"\\~ \ Uf\\'Jel<'+~~~? =rX 4 IN WITNESS WHEREOF, the City and the Licensee, each acting through its respective duly authorized representative has caused this Agreement to be signed in their names and delivered as of the date first above written. This Agreement shall be effective on the last date signed below. CITY OF UNIVERSITY PARK 3800 University Blvd. University Park, TX 75205 By: Printed Name: James H. Holmes III Title: Mavor Date: By: /1) C - /7 /' /__ --)/~---<-'h-_. L-/ - ~ / (. . L 7 ,^, ILL 5 orJ L 7 ;\/ rho!)E. /2 II E.. S Printed Name: Title: ---) ) ~ "- I P<.. c --/, Date: G~ - 2 (~? -- C C 5 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DALLAS ) ) CITY OF DALLAS, TEXAS This instrument was acknowledged before mE~ on the Q f..c day of :J0Cle 2006, by 'To'Y\ ne\~) on behalf of such property owner at :2.,i.\~ (:,-\\\n(\ , University Park, Texas. ~,'\';~'~"I,#. ;:> '~... '~#" l.~.' 0/",,\ ~ : : ! ~~. ...,,~ '\,."'I;,;;\"';"~ "'",,,,,,,,~ SARAH GRACE CAMPBELL Notary Public, State of Texas My Commission ExpIres FeblUory 01, 2009 STATE OF TEXAS CITY OF UNIVERSITY PARK, TEXAS COUNTY OF DALLAS This instrument was acknowledged before mE~ on the day of 2006, by Mayor of the CITY OF UNIVERSITY PARK, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public, State of Texas 6 MID-CONTINENT CASUAL TV COMPANY P. O. Box 1409 Tulsa, Oklahoma 74101 POLICY DECLARATION Policy No. Renewal of 04-GL-000608995 04-GL-000566978 Named Insured and Mailing Address LTN PROPERTIES INC DBA SEE NAMED INSURED ENDORSEMENT 3618 GILLlON DALLAS TX 75205 Agent Name and Mailing Address HOTCHKISS INSURANCE AGENCY INC -CARROLLTON-HOMEBUILDER 4120 INTERNATIONAL PKWY #2000 CARROLL TON TX 75007 42 - 0323 Policy Period: From 10/26/2005 To 10/26/2006 at 12:01 A.M. Standard Time at your mailing address as shown above. Business Description: HOMEBUILDER IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE ~GREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM COMMERCIAL GENERAL LIABILITY COVERAGE PART $ 7,804 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART $ PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART $ RAILROAD PROTECTIVE LIABILITY COVERAGE PART $ TOTAL $ 7,804 REPORTING BASIS: ANNUAL Form(s) and Endorsement(s) made a part of this policy at this time*: ML 1191 (04/00) ML 1195(04/00) CG0300(01/96) ML 1098(04/99) ML 1344(03/97) ML 1189(06/02) ML 1188(06/02) MI9059(04/04) MI9002(06/00) I L0275(07/02) IL0168(05/02) IL0021 (05/04) CG2426(07/04) CG0103(03/02) CG0001 (12/04) ML 1198(06/02) CG2135(10/01) MI9046(05/01) IL0017(11/98) CG2294(1 0/01) ML 1439(04/97) MI9014(03/98) CG2639(04/99) ML 1217 (04/01) *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations. Countersigned at: Date: CARROLL TON TX 10/11/2005 !JP~ By Authorized Representative ML 14 87 (01 97) INSURED COpy 111111I11111111111111111I111111111I11 1111I 1111I II III 1111I1111I1111I1111I11111 11111111111111I111111111111111111111111I1111I1111I11111111I111111111111111111111111I11111111111111111111111111111I1111 COMMERCIAL GENERAL LIABILITY LOCATION SCHEDULE Policy No. 04-GL-000608995 LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: Lac: 001 3208 DANIELS DALLAS TX 0??oo Lac: 002 3230 DANIELS DALLAS TX 0??oo Lac: 003 3240 DANIELS DALLAS TX 0??oo ML 15 09 (04 97) 2 COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATION )olicy No. 04-GL-000608995 PREMIUM Location Classification Code No. Premium Basis A}Area C)Cost P}Payroll U}Per Unit S)Gross Sales T)See Desc. Rate Pr/Co All Other Advance Premium PrlCo All Other TEXAS Homebuilders Program - General Contractor - Premises/Operations 900500 P) 95,000 63.880 6,069. Hornebuilders Program - General Contractor - Products/Completed Operations 900501 S) 500,000 1.759 880. Homebuilders Program - Two- Family Dwelling (Premium Basis: Per Dwelling) 900504 T) 4 124.208 497. Lac: 002 Dwellings - three family (lessor's risk only) (Premium Basis: Each Dwelling) Products -completed operations are subject to General Aggregate Umit 63012 T) 1 incl. 358.418 incl. 358. Extension of Declarations - Total Advanced Premium ML 15 08 (04 97) 20 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATION Policy No. 04-GL-000608995 Effective Date: 10/26/2005 ** 12:01 A.M. Standard Time LIMITS OF INSURANCE General Aggregate Limit (Other Than Products - Completed Operations) $ 2,000,000 Products-Completed Operations Aggregate Limit $ 2,000.000 Personal and Advertising Injury Limit $ 1.000.000 Each Occurrence Limit $ 1,000,000 Damage to Premises Rented To You $ 100.000 Any One Premises Medical Expense Limit $ FXCIUDFD Any One Person BUSINESS DESCRIPTION AND LOCATION OF PREMISES Form of Business: CORPORATION Business Description*: HOMEBUILDER Location of All Premises You Own, Rent or Occupy: SEE ATTACHED LOCATION SCHEDULE PREMIUM Location Code No. Premium Basis Rate Advance Premium Classification A)Area C)Cost PrlCo All Other PrlCo All Other P)PayroJl U)Per Unit S)Gross Sales T)See Desc. SEE ATTACHED SCHEDULE Minimum Premiums All Other $ 191 PrlCo Policvwritina $ 500 Total Advance Premium $ 880. $ 6,924. FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere in the policy) Forms and Endorsements applying to the Coverage Part and made part of this policy at time of issue: *Information omitted if shown elsewhere in the policy. **Inclusion of date optional. These declarations are part of the policy declarations containing the name of the insured and the policy period. ML 15 07 (09 01) MINUTES #2612 CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JUNE 20, 2006, 5:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver and Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. AWARDS AND RECOGNITION RECOGNITION: Mayor Holmes recognized Diane Galloway as the 2006 Citizen of the Year. DEPARTMENT PIN: City Manager Bob Livingston presented his Administrative Assistant Kate Smith with a two-year department pin, thanking her for her service to the city. SPECIAL PRESENTATION: DART Representative Ray Noah presented City Manager Bob Livingston th an Honorary Proclamation commemorating the 10 Anniversary of the DART Rail System. He also presented a DART flag to the city with 12 stars representing cities who joined together to open the first sections of the DART Rail Starter System ten years ago. Councilmember Walker moved approval of the Consent Agenda. Councilmember Carter seconded and the vote was unanimous to approve the following: CONSENT AGENDA CONSIDER ORDINANCE & RESOLUTION DENYING ATMOS GAS 2005 GRIP RATE REQUEST: The City of University Park is a member of a coalition of cities knows as Atmos Cities’ Steering Committee. The coalition’s purpose is to review requests by Atmos Energy Corporation, formerly TXU Gas, for natural gas rate changes, which drive natural gas charges. Each year, Atmos is permitted by state law to file a request for an increase, which allows the company to add infrastructure investments into its rate base. After considerable study of the request, the city submitted to council an ordinance denying a rate increase and a resolution supporting the reduction of existing natural gas distribution rates currently charged. The proposed rates would increase the average residential bill 5.36% per month (approximately $4.02) and commercial bills 5.25% ($17.16) per month. ORDINANCE NO. 06/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY’S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY’S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION. RESOLUTION NO. 06-10 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, DENYING ATMOS ENERGY CORP., MID-TEX DIVISION’S STATEMENT OF INTENT TO INCREASE THE GAS UTILITY RATES IN THIS MUNICIPALITY; SUPPORTING THE REDUCTION OF EXISTING NATURAL GAS DISTRIBUTION RATES CURRENTLY CHARGED BY ATMOS MID-TEX WITHIN THE CITY; ORDERING ATMOS MID-TEX TO REIMBURSE THE CITY FOR ITS REASONABLE COSTS INCURRED IN RATEMAKING PROCEEDINGS OR APPEALS OF SAID PROCEEDINGS; AUTHORIZING THE ATMOS CITIES STEERING COMMITTEE TO ACT ON BEHALF OF CITY AND INTERVENE IN ANY PROCEEDINGS BEFORE ADMINISTRATIVE OR JUDICIAL BODIES; REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. CONSIDER RESOLUTION REGARDING “IN-KIND COMPENSATION” FROM CHARTER CABLE: State legislation known as SB5 which was approved last year provides for a 5% franchise fee to be paid by cable TV providers to cities who formerly received a local franchise fee. University Park’s expired franchise required this same fee, which is equivalent to 5% of gross revenues earned within the city. A secondary provision of SB5 allows cities to collect an additional 1% fee as replacement for any “in-kind services”. University Park did not require any in-kind services of Charter Cable while the franchise agreement was in effect. Given this background, Charter has requested that the city approve a resolution stating that the additional 1% fee is not required. RESOLUTION NO. 06-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ELECTING TO RECEIVE THE PER SUBSCRIBER FEES PAID TO THE CITY UNDER THE EXPIRED CABLE FRANCHISE AGREEMENT WITH MARCUS CABLE ASSOCIATES, L.L.C. D/B/A CHARTER COMMUNICATIONS IN LIEU OF IN-KIND COMPENSATION AND GRANTS. CONSIDER RESOLUTION APPROVING RAYMOND D. NOAH AS REPRESENTATIVE TO DART BOARD OF DIRECTORS: A resolution in 1994 established a method of and appointment to a shared position on the DART Board of Directors. The resolution presented today would affirm an agreement with the cities of Addison, Richardson and The Town of Highland Park regarding that selection process. As the City of Richardson has submitted the name of Raymond D. Noah as the individual to serve in this position, the attached resolution concurs and approves that appointment. RESOLUTION NO. 06-12 A RESOLUTION OF THE CITY OF UNIVERSITY PARK, TEXAS, AFFIRMING AN AGREEMENT WITH THE CITIES OF ADDISON, RICHARDSON AND HIGHLAND PARK REGARDING THE SELECTION PROCESS FOR A SHARED MEMBER TO THE DALLAS AREA RAPID TRANSIT (DART) BOARD OF DIRECTORS; AND AUTHORIZING THE MAYOR TO APPROVE A CANDIDATE FOR BOARD MEMBER. CONSIDER APPROVAL OF TELE-WORKS KNOWLEDGEBASE SOFTWARE FOR 311 SYSTEM: To implement a comprehensive 311 Information System requires the installation of a knowledgebase software system to house the frequently asked questions that come from the caller but do not require the city to perform any work. Tele-Works proposed a system upgrade for our CUPID system. The enhanced product will provide the database of frequently asked questions with full online search capability accessible by phone through the city Web site or internally by a 311 call taker. The database of responses may be easily updated as new issues arise or the city responses change. The purchase of the Tele-Works equipment and software totals $23,800. CONSIDER PURCHASE OF GLOBAL ELECTRIC MOTORCAR FOR PARKING ENFORCEMENT: The police department has approved two part-time parking enforcement officers to enforce parking in and around Snider Plaza. The Global Electric Motorcar will be used as a second parking enforcement vehicle. The state contract purchase of this car will be in the amount of $11,119 from Randall Noe Chrysler Dodge Jeep. CONSIDER RENEWAL OF LIABILITY, PROPERTY, AUTO & WORKER’S COMPENSTION INSURANCE: The city’s insurance coverage for liability, property, auto and worker’s compensation expires on July 1, 2006. The renewal proposal from TML-IRP is $287,868, which is less than 1% higher than last year’s premiums of $286,274. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES: For June 6, 2006. MAIN AGENDA PRESENTATION BY CHARTER CABLE TV IN RESPONSE TO COMMUNITY SURVEY: Charter Communications is the sole cable TV provider in University Park and Highland Park. To prepare for franchise renewal discussions with Charter, beginning in 2004 city staff met with members of the Cable TV Franchise Review Advisory Group (FRAG). Membership in FRAG was composed of HP and UP residents appointed by their respective city councils. FRAG commissioned a telephone survey of both communities to determine current attitudes toward Charter, as well as, future needs related to cable and other services. The survey results reported high levels of dissatisfaction with Charter’s service. City staff presented the complete results of the community survey to Charter early this year. Before the University Park franchise could be renewed last year, however, state legislation changed so that cable operators and other video providers need only obtain a statewide franchise, not a local one. Despite the lack of direct franchise authority, the city still acts as an advocate for customers and encourages Charter to improve its services. The presentation provided Charter an opportunity to respond to the survey in a public forum and provide an update on the improvements that have been and are continuing to be made. Kevin Allen, Governmental Relations Manager for Charter, made the presentation. Mayor Holmes told Mr. Allen that the city and council appreciated Charter’s efforts in the improvements they were making and hoped that those improvements would indeed continue. PUBLIC HEARING FOR REQUEST OF HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT FOR AMENDMENTS TO THE JOINT USE AGREEMENT AND FOR POTENTIAL IMPROVEMENTS AND/OR UPGRADES TO THE TRACK AND EXISTING RESTROOM BUILDING AT GERMANY PARK: Mayor Holmes opened the public hearing and announced that a letter had been received from Cathy Bryce, Highland Park Independent School Superintendent, asking that this item be withdrawn from the agenda. Mayor Holmes then closed the public hearing. PUBLIC HEARING REGARDING AMENDING COMPREHENSIVE ZONING ORDINANCE, SECTION 28-105(2) (a) TO PROVIDE FENCE REQUIREMENTS IN SIDE YARDS IN RESIDENTIAL DISTRICTS: Mayor Holmes opened the public hearing. A fence or wall in the side yard of residential districts must meet certain requirements. Over the past year, many builders have requested variances from the Board of Adjustment for fence height on corner lots due to the slope of the land and the need for a retaining wall. This ordinance proposes to amend the Comprehensive Zoning Ordinance to add the following language: “However, if the existing grade of the lot slopes toward the street in such a way that a retaining wall is necessary, the maximum height of the retaining wall and fence, in the side yard behind the front building line, shall not exceed ten feet (10’) when measured from the adjacent grade on the street side, provided that the fence portion shall not exceed eight feet (8’) in height”. Mayor Holmes closed the public hearing. Mayor Pro Tem Shawver moved approval of the ordinance. Councilmember Walker seconded, and the vote was unanimous to approve the above language for the Comprehensive Zoning Ordinance. ORDINANCE NO. 06/15 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 28-105 (2) (a) TO PROVIDE FENCE REQUIREMENTS IN SIDE YARDS IN RESDENTIAL DISTRICTS; 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. PUBLIC HEARING TO APPROVE ZONING CHANGE AT 6601 TURTLE CREEK BOULEVARD FROM SINGLE FAMILY CLASSIFICATION TO PLANNED DEVELOPMENT DISTRICT AND APPROVE SITE PLAN TO ALLOW SINGLE FAMILY HOME WITH SPECIFIC DEVELOPMENT STANDARDS: Mayor Holmes opened the public hearing. Larry Boerder, representing property owner Gerald Ford of 6601 Turtle Creek Boulevard, requested a zoning change from Single Family SF-1 to Planned Development PD Zoning District classification on a tract of land approximately 6.236 acres and described as 6601 Turtle Creek Boulevard in order to build a 27,000 square foot single home to replace the existing two-story home on the subject tract. Mayor Holmes closed the public hearing and moved approval of the request. Councilmember Carter seconded, and the vote was unanimous to approve the zoning change. CONSIDER ORDINANCE APPROVING CHANGE OF ZONING AT 6601 TURTLE CREEK BOULEVARD: ORDINANCE NO. 06/16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, SO AS TO GRANT PLANNED DEVELOPMENT DISTRICT NO. 32 FOR THE PROPERTY DESCRIBED AS LOT 7, BLOCK 7, UNIVERSITY PARK ESTATES ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, BEING A 6.236 ACRE TRACT COMMONLY KNOWN AS 6601 TURTLE CREEK BOULEVARD; APPROVING A DETAILED 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. CONSIDER REQUEST FROM SOUTHERN METHODIST UNIVERSITY TO PURCHASE POTOMAC PARK: This land, on the south side of Potomac between Airline and Central Expressway, is classified as park land by the city. Therefore, approval of the voters will be required prior to consummating any sale. Mayor Holmes suggested that a public hearing be held before making a decision. Staff will bring this matter back to the council. DISCUSS RECOMMENDATIONS FROM ADVISORY COMMITTEES REGARDING INSET PARKING: Pursuant to a citizen request, Council directed staff to ask the Urban Design & Development Advisory Committee (UDADAC) and the Public Works Advisory Committee (PWAC) to review the issue of inset parking along the city’s residential streets. Both committees discussed the matter and came to different conclusions. UDADAC was concerned about reduction of green space and that the additional concrete would exacerbate drainage problems. They recommended not allowing any new inset parking and remove all existing inset parking along the city’s rights-of-way. PWAC had common concerns regarding aesthetics and drainage, as well as, traffic safety issues along streets where not all of the spaces are inset. They did, however, feel that inset parking may be appropriate in certain areas, like the area surrounding Snider Plaza. They recommended that Dennis Wilson of Townscape speak to the issue in his Snider Plaza presentation. In the meantime, they felt that the current policy of no new inset parking with the existing to remain as non-conforming use should suffice. Council suggested the items be brought back to council at a future meeting with the cost of widening the street. CONSIDER LEASE AGREEMENT WITH METRO PCS FOR INSTALLATION OF CELLULAR EQUIPMENT AT NORTHWEST HIGHWAY WATER TOWER SITE: Eric Stewart, representing Metro PCS, approached the city regarding the location of a cellular antenna and associated equipment on and around the water tower in the 3500 block of Northwest Parkway. Staff expressed concern that the granting of this lease could cause other companies to seek space at this site, which could quickly overburden the site. Concerns were also raised regarding the adequacy of the proposed lease payments, bonding requirements, and security of the water tower as it relates to cell company access. Due mainly to concern about security issues, Mayor Pro Tem Shawver moved the request be denied. Mayor Holmes seconded, and the vote carried to deny the request with Councilmember Walker recusing herself due to a business connection with Metro PCS. DISCUSS LEGACY/HILLCREST PLANNED DEVELOPMENT REQUEST AND PROVIDE DIRECTIONS REGARDING PROCESS: This item is included on the agenda at the request of Council to allow for further discussion and direction. The Planning and Zoning Commission had held a public hearing at a special called meeting on March 6, 2006 and considered a concept plan for a total of 290,000 square feet plus 4-8 town homes. The commission then requested the applicant address the issues and concerns, which were raised by residents, and resubmit the item for further consideration at the April 17, 2006 meeting. The concept plan considered at the April meeting was reduced to 260,000 square feet plus 4-8 town homes. The commission then voted unanimously to recommend denial of the zoning request. Subsequently, the applicant informed city staff of their intention to move forward with the request to the City Council. Mayor Holmes moved that the item be taken off the agenda and that council send the item back to the Planning and Zoning Commission to be considered at their meeting on July 17, 2006 and to hold a public hearing on the matter on September 19, 2006. Councilmember Carter seconded, and the vote was unanimous to return the matter to the commission and hold a public hearing. DISCUSS REQUEST FROM REYNOLDS OUTDOOR TO LOCATE INFORMATION KIOSKS IN SNIDER PLAZA: Reynolds Outdoor provides tailor-made information kiosks located in a right of way. The company estimates that 14 to 15 information kiosks will provide revenue of about $30,000 per year for the city. At the option of the city, Reynolds Outdoor may prepay a 20-year license agreement at a discounted rate of $500,000. Council referred this item for the review and recommendation of UDADAC at their July 11, 2006 meeting. CONSIDER APPOINTMENTS OF STATUTORY BOARDS AND ADVISORY COMMITTEES FOR 2006-2008: There were fifty-eight applicants, and 150 citizens were placed on boards and committees. Councilmember Walker moved approval of the new boards and committees. Councilmember Carter seconded, and the vote was unanimous to approve the appointments. ITEMS FROM THE FLOOR Mr. Matt Dixon expressed his appreciation to the city and staff for the sidewalk in the 6800 block of Dickens. There being no further business, Mayor Holmes moved that the meeting be adjourned. th PASSED AND APPROVED this 6 of July 2006. James H. Holmes III, Mayor ATTEST: ____ Nina Wilson, City Secretary MINUTES #2613 SPECIAL CITY COUNCIL MEETING CITY OF UNIVERSITY PARK, TEXAS CITY HALL COUNCIL CHAMBERS TUESDAY, JUNE 27, 2006, 5:00 P.M. Mayor Blackie Holmes opened the meeting. Present were Mayor Pro Tempore Harry Shawver and Councilmembers Syd Carter, Kelly Walker and Jerry Grable. Also in attendance were City Manager Bob Livingston, City Attorney Rob Dillard and City Secretary Nina Wilson. MAIN AGENDA FINAL REPORT FOR 138 kV TRANSMISSION LINE: In the summer of 2005, TXU Electric Delivery representatives informed the city of plans to employ a contractor to locate overhead utility services and underground gas, water and sewer lines in the alley between Stanford and Amherst. In addition to the survey work, the company told city representatives that a second contractor would be performing soil tests at various locations in the alley. According to the utility, both contractor efforts were needed in order to initiate design related to the reconstruction of the electric transmission line located there. In notifying the city of the need to upgrade the line, TXU Electric Delivery noted it was also the company’s intention to install shielding to protect against lightning strikes to further improve the line’s reliability. Therefore, the preliminary design for the rebuild included taller, metal poles. In response to concerns expressed by residents and the city, the city appointed a citizen steering committee to work with TXU in developing rebuild alternatives for the transmission line. Additionally, the city initiated a study with Sega, Inc. to explore the feasibility of placing the transmission line underground and placing all overhead utilities, i.e. telephone, cable, and electric distribution, underground. Sega was also directed to explore above-ground alternatives, to include replacing Representatives from Sega spoke for an hour presenting the existing wood pole with similar wood poles. the findings of their report and answering questions. After that presentation, Robbie Corder, Assistant to the Public Works Director, spoke for 40 minutes discussing the feasibility study and answering questions. Dr. Nick Hogan, speaking for the steering committee, expressed appreciation for the city’s responsibility to the citizens and Sega and urged the council to let citizens know about the cost of the project. Mayor Holmes asked TXU Representative Randy Newsom to find out what TXU would pay if the option to underground is requested. It is the city’s intention to ask the steering committee to host a community forum to garner citizen input regarding the available options based upon the study results from Sega. Subsequently, the steering committee will be asked to develop a recommendation for city council consideration. The date for the upcoming community forum will be forthcoming. There being no further business, Mayor Holmes moved that the meeting be adjourned. th PASSED AND APPROVED this 6 of July 2006. James H. Holmes III, Mayor ATTEST: ____ Nina Wilson, City Secretary AGENDA MEMO (7/06/06 AGENDA) DATE: June 29, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: Water Quality Consumer Confidence Report Public Comments ITEM: Each year, municipal water providers are required to mail Consumer Confidence Reports (CCR) to every residence within the community detailing contaminant levels in the potable water system. The City meets and/or exceeds all regulatory standards for contaminant levels revealed through water testing samples in 2005. State regulations also require the water provider to offer residents an opportunity to ask questions in open forum regarding the CCR. Staff has placed the opportunity for public th comments or questions regarding the CCR on the City Council agenda for July 6 and July th 18. RECOMMENDATION: ATTACHMENTS: 2005 Consumer Confidence Report 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\CCR Agenda Memo.doc 9:27 AM 06/29/06 NUAl )A.TER Q!!ALITY> REpORT Water testing performed m 2005 Proudly P>-esentdil3y: CITY OF UNIVERSITY PARK Este "porte incluye Ia infonnation importante sobre su agua de beber. Para tramducir en Espafio~ llame al te/efono (214) 987-5306. Important Health Information Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocom- promised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HN/AIDS or other immune system disorders, some elderly, and infants may be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. The U.S. EPNCDC (Centers for Disease Control and Prevention) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline at (800) 426-4791. Where Does My Water Come From? Our drinking water is obtained from surface water sources. It comes from the Elm Fork Trinity River. The Texas Commission on Environmental Quality (TCEQ) has completed a Source Water Susceptibility Assessment for all drinking water systems that own th . ,s). , 'sre . ,".-~. m-, with your drinking wa.ter source based on human activities and natural conditions. The system(s) from which we , purchase our water received the assessment report. For more information on source water assessments and protection efforts at our system contact Dall~ County Park Cities Municipal Utility District at (214) 652-8639. --..- ..,..-- - ----...... .....--... -- : Continuing Our Commitment 'I Once again we proudly present our annual water quality report. This edition covers all testing completed from January through December 2005. We are pleased to tell you that our compliance with all state and federal drinking water laws remains i exemplary. As in the past, we are committed to I', delivering the best quality drinking water. To that end, we remain vigilant in meeting the challenges of source water protection, water conservation, and community education while continuing to . serve the needs of all of our water users. For more information about this report, or for any questions relating to your drinking water, please call Bud Smallwood, Director of Public Works, at (214) 987-5400. Worki ng Hard for You I Under the Safe Drinking Water Act (SDWA), the U.S. Environmental Protection Agency I (U.S. EPA) is responsible for setting national limits for hundreds of substances in drinking water and also specifies various treatments that water systems must use to remove these substances. Each system . continually monitors for these substances and reports their findings to the U.S. EPA. The U.S. EPA uses these data to ensure that consumers are receiving clean water. This publication conforms to the regulation under SDWA requiring water utilities to provide detailed water quality information to each of their customers annually. We are committed to providing you with this information about your water supply because customers who are well informed are our best allies I in supporting improvements necessary to maintain I the highest drinking water standards. - ... -.......--.... ~",- ......,. ------- --..... ~ Substances That Might Be in Drinking Water · To ensure that tap water is safe to drink, the U.S. EPA prescribes regulations limiting the amount of certain contaminants in water provided by public water systems. U.S. Food and Drug Administration regulations I establish limits for contaminants in bottled water, which must provide the same protection for public health. I Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of these contaminants does not necessarily indicate that the water poses a health risk. The sources of drinking water (both tap water and bottled water) include rivers, lakes, I streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the I land or through the ground, it can acquire naturally occurring minerals, in some cases, I radioactive material; and substances resulting from the presence of animals or from ~ ~,Yity.:.. S~~tances_~~!~y be p_resent in ~ce water include: _ Microbial Cont..minants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, or wildlife; Inorganic COnmmi....nts, such as salts and metals, which can be naturally occurring or may result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming; Pesticides and Herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses; Organic Chemical COntamin."ts, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and which may also come from gas stations, urban stormwater runoff, and septic systems; RadioacUft COnt.aminants, which can be naturally occurring or may be the result of oil and gas production and mining activities. Contaminants may be found in drinking water that may cause taste, color, or odor problems. These types of problems are not necessarily causes for health concerns. For more information on taste, odor, or color of drinking water, please contact our business office. For more information about contaminants and potential health effects, call the U.S. EPA's Safe Drinking Water Hotline at (800) 426-4791. Lead in Drinking Water . J- T ead is a naturally occurring element in our environment. Consequently, our water supply is ex cted to contain Lsmall, undetectable amounts of lead. However, most of the lead in household water usually co~m_th plumbing in your own home, not from the local water supply. The U.S. EPA estimates that more than 40 million U.S. residents use water that can contain lead in excess of the EPA's Action Level of 15 ppb. I Lead in drinking water is a concern because young children, infants and fetuses appear to be particularly vulnerable, lead poisoning. A dose that would have little effect on an adult can have a big effect on a small body. On average, itis estimated that lead in drinking water contributes between 10% and 20% of the total lead exposure in young childret. All kinds of water, however, may have high levels of lead. We maintain our drinking water supply at an optimum j pH and mineral content level to help prevent corrosion in your home's pipes. To reduce lead levels in your . : water you should flush your cold-water pipes by running the water until it becomes as cold as it' t (anm ' from five seconds to two minutes or longer) and use only water from the cold-water tap for dr' . - especially for making baby formula. Hot water is likely to contain higher levels of lead. For more information, please call the Safe Drinking Water Hotline at (800) 426-4791. Information on the Internet The u.s. EPA Office of Water (www.epa.gov/ warrhome) and the Centers for Disease Control and Prevention (www.cdc.gov) Web sites provide a substantial amount of information on many issues relating to water resources, water conservation and public health. Also, the Texas Natural Resource Conservation Commission has a Web site (www.tnrcc. com) that provides complete and current information on water issues in Texas. 17'"Community Participation Vou are invited to participate in our public 1. forum and voice your concerns about your drinking water. Please attend one of the city council meetings in July to participate in the public forum. The first city council meeting is scheduled for Thursday July 6, and the second city council meeting is scheduled for Tuesday July 18. All city council meetings begin at 5:00 p.m. and are in the Council Chambers at City Hall, 3800 University ~oulevard, University Park, 1X !t ., Is It Safe to Drink Water From a Garden Hose? No. Substances used in vinyl garden hoses to keep them flexible can get into the water as it passes through the hose. These chemicals are not good for you nor are they good for your pets. Allow the water to run for a short time in order to flush the hose before drinking or filling your pets' drinking containers. There are hoses made with "food-gcade" plastic that will not contaminate the water. Check your local hardware store for this type of hose. What Makes Water Hard? If substantial amounts of either calcium or magnesium, both nontoxic minerals, are present in drinking water, the water is said to be hard. Hard water does not dissolve soap readily, so making lather for washing and cleaning is difficult. Conversely, water containing little calcium or magnesium is called soft water. Should I Put a Brick In My Toilet Tank to Save Water? ~ Toilet flushing uses a lot of water: about 40% of a household's total water usage. Putting something in the toilet tank that takes up space, like a toilet dam or a water filled jug, is a good idea. But putting a brick in the tank is not a good idea. Bricks tend to crumble and might damage your toilet. How Long Can I Store Drinking Water? The disinfectant in drinking water will eventually dissipate even in a closed container. If that container housed bacteria prior to filling up with the tap water the bacteria may continue to grow once the disinfectant has dissipated. Some experts believe that water could be stored up to six months before needing to be replaced. Refrigeration will help slow the bacterial growth. - aDJ .-.,_.-A ~ ~ A Water Conservation TIps W;ater conservation measures are an important first step in protecting our water supply. Such measures not only save the supply of our source water, but can also save you money by reducing your water bill. Here are a few suggestions: INSIDE YOUR HOME: · Fix leaking faucets, pipes, toilets, etc. · Replace old fixtures; install water- saving devices in faucets, toilets and appliances. · Wash only fuUloads of laundry. · Do not use the toilet for trash disposal. · Take shoner showers. · Do not let the water run while shaving or brushing teeth. · Soak dishes befc;>re washing. · Run the dishwasher only when full. OUTDOORS: · Water the lawn and garden in the early morning or evening. · Use mulch around plants and shrubs. · Repair leaks in faucets and hoses. · Use water-saving nozzles. · Use water from a bucket to wash your car, and save the hose for rinsing. Information on other ways that you can help conserve water can be found at www.epa.gov/safewater/ publicoutreach/index.html. Table Definitions AL (Action Levd): The I concentration of a contaminant I which, if exceeded, triggers treatment I or other requirements which a water system must fullow. MCL (Maximum Contaminant Levd): The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology. MCLG (Muimum Conuminlllnt I Levd GoaI); The level of a I contaminant in drinking water bdow which there is no known or expected I risk to health. MCLGs allow for a · margin of safety. I MRDL (Muimum Residual I Disinfectant Levd); The highest levd I of a disinfectant allowed in drinking water. There is convincing evidence I that addition of a disinfectant is i necessary for control of microbial contaminants. MRDLG (Maximum Residual Disinfectant Levd Goal); The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial I contamination. NA: Not applicable pCi/L (picocuries per liter): A measure of radioactivity. ppb (parts per billion): One part substance per billion pans water (or micrograms per liter). ppm (parts per million); One part substance per million parts water (or milligrams per liter). 1:1 ---I I Sampling Results During the past year we have taken hundreds of water samples in order to determine the presence of any radioactive, biological, inorganic, volatile organic or synthetic organic contaminants. The table that follows lists all of the federally regulated or monitored constituents that have been found in your drinking water. The U.S. EPA requires systems to test up to 97 constituents. The state requires us to monitor for certain substances less than once per year because the concentrations of these substances do not change frequently. In these cases, the most recent sample data are included, along with the year in which the sample was taken. SUBSTANCE (UNITS) Atrazine (ppb) Barium (ppm) Chloramines (ppm) Auoride (ppm) Gross Beta Emitters (pCi/L) HAAs [Haloacetic Acids] (ppb) Nitrate (ppm) Simazine (ppb) TTHMs [Total Trihalomethanes] (ppb) YEAR SAMPLED 2005 2002 2005 2005 2003 2005 2005 2005 2005 MCL (MRDL) 3 2 (4) 4 50 60 10 4 80 MCLG (MROLG) 3 2 (4) 4 o NA 10 4 NA AMOUNT RANGE DETECTED LOW.HIGH VIOLATION TYPICAL SOURCE 0.47 0.016 2.98 0.3 2.7 16.5 0.56 0.5 27.4 0.47-0.47 0.016- 0.016 0.3-3.7 0.3-0.3 2.7-2.7 11.5-23.7 0.56-0.56 0.5-0.5 26-29.2 No No Runoff from herbicide used on row crops Discharge of drilling wastes; Discharge from metal refineries; Erosion of natural deposits Disinfectant used to control microbes No No Erosion of natural deposits; Water additive which promotes strong teeth; Discharge from fertilizer and aluminum factories No Decay of natural and manmade deposits No By-product of drinking water disinfection No Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits Herbicide runoff By-product of drinking water disinfection No No ------- --- - - .. .. - -,... - ..----_.... - - - - - Tap water samples were collected for lead and copper analyses from 30 homes throughout the service area Copper (ppm) YEAR ACTION SUBSTANCE (UNITS) SAMPLED LEVEL MCLG 1.3 Lead (ppb) 2004 2004 1.3 15 AMOUNT DETECTED (90TH%TILE) 0.28 o 1.8 HOMES ABOVE ACTION LEVEL VIOLATION o o No No TYPICAL SOURCE Corrosion of household plumbing systems; Erosion of natural deposits; Leaching from wood preservatives Corrosion of household plumbing systems; Erosion of natural deposits TYPICAL SOURCE Bromodichloromethane (ppb) 2005 11 11-11 By-product of drinking water disinfection Bromoform (ppb) 2005 0.8 0.8-0.8 By-product of drinking water disinfection Chloroform (ppb) 2005 14 14-14 By-product of drinking water disinfection Dibromochloromethane (ppb) 2005 6.3 6.3-6.3 By-product of drinking water disinfection AGENDA MEMO (07-06-06 AGENDA) DATE: June 29, 2006 TO: Bob Livingston City Manager FROM: Gene R. Smallwood, P.E. Director of Public Works SUBJECT: Discussion of street closure along NW Parkway. Background. Staff met this week with residents of the 32-3300 block of Northwest Parkway regarding the proposed screening wall. We finally have AT&T approval of the wall alignment, and the construction drawing for the wall and relocated street can be finished. The plans call for closure of NW Parkway along the north side of Coffee Park and at the east side of Hillcrest (residents will effectively live on a cul-de-sac, accessible from Airline). To accommodate utility and street construction, staff would propose the closure of the street immediately with barricades. The City of Dallas is also desirous of the closure, so the traffic signal (along NW Parkway can be eliminated and the “time” used for the NW Highway signal. We are currently soliciting bids for utility (water line) work, prior to construction on the wall and street improvements. Staff will bring the bids to Council in July for the utility work. Recommendation. Staff recommends immediate closure of NW Parkway at Turtle Creek Blvd, at Hillcrest west, and at Hillcrest east. AGENDA MEMO (07/06/2006 AGENDA) DATE: June 26, 2006 TO: Honorable Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Red Light Cameras Background/Analysis Red light cameras are now being used in several area cities in order to reduce the number of accidents caused by violations, as well as the number of violations. In a recent Dallas Morning News article, it was reported that the Texas Department of Highways and Transportation may be considering such equipment for installation on State highways. The program has proven to be a success in several Dallas area cities. Not only are accidents being reduced, but violations are dropping dramatically in cities at intersections where the cameras have been installed. University Park has several red light intersections where the addition of cameras can reduce the incidence of accidents and violations. While some of the intersections have not had high accident counts, it is clear that the cameras would make intersections, such as Hillcrest and Daniel and Lovers and Dickens safer for pedestrian traffic. While there has been a push in the past several legislative sessions to enact legislation for red light cameras, the issue has continually failed to pass. However, constituents of University Park have spoken, through the community wide survey, that traffic safety, and specifically enforcement, are key concerns. The addition of red light cameras will supplement what our officers already accomplish through traffic enforcement, and continue to monitor traffic when officers are not at our most heavy traveled intersections. Statistically, there ore more than 3 million intersection crashes across the county resulting in 9,612 fatalities each year. Intersection crashes account for more than 50% of all crashes and 225 of all injury crashes. The City of University Park can join the cities of Plano, Richardson, Garland and Frisco in making our streets safer by installing red light cameras. Such a move will increase traffic 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO-RED LIGHT CAMERAS.doc 9:55 AM 06/27/06 safety in our community by decreasing intersection and injury crashes as the result of red light running, and develop a program in which costs will not exceed revenue. Success of such programs has been nation wide. In Oxnard, California there has been a 40% reduction in red light violations and a 29% decrease in crashes; Fairfax, Virginia has seen a 41% reduction on red light violations; San Francisco a 68% reduction in red light violations and Los Angeles a 92% reduction in red light violations. Dallas area cities are reporting the same results, and have had to move cameras from intersections due to increased reductions in violations and compliance to the traffic regulations. The Police Department looked at numerous vendors before making a decision on selecting Redflex as the company to go with for our project. Redflex has a proven track record, with experience in the red light camera industry since 1986. Reflex equipment has been digitized since 1997. Redflex guarantees a program in which costs does not exceed revenue. All equipment, installation, maintenance, back office operations to handle the digital photography, web-based reviewing and authorization for the Police Department and a web-based violation viewing and payment process are included in this package. The costs of operation are taken out of the monies generated by fees collected from violations, and the City of University Park will receive a percentage of those fees, depending on the activity generated at each intersection. Recommendation Staff recommends approval of this project and the installation of red light cameras. Attachments: ? Presentation by Redflex. ? Ordinance provided by Rob Dillard, City Attorney 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDA MEMO-RED LIGHT CAMERAS.doc 9:55 AM 06/27/06 ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING CHAPTER 10, TO ADD ARTICLE 10.1600A “AUTOMATED TRAFFIC SIGNAL ENFORCEMENT”; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE IMPOSITION OF CIVIL PENALTIES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1 . That the Code of Ordinances of the City of University Park, Texas, is hereby amended by amending Chapter 10, to add Article 10.1600A “Automated Traffic Signal Enforcement”, to read as follows: ARTICLE 10.1600A AUTOMATED TRAFFIC SIGNAL ENFORCEMENT “ Sec. 10.1601A Definitions. In this Article: (1) Department shall mean the Police Department of the City of University Park, Texas. (2) Intersection shall mean the place or area where two or more streets intersect. (2) Owner shall mean the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country. (3) Photographic Traffic Signal Enforcement System shall mean a system that: (a) consists of a camera system installed to work in conjunction with an electrically operated traffic-control signal; and (b) is capable of producing at least two recorded images that depict the license plate attached to the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal. (4) Recorded Image means an image recorded by a photographic traffic monitoring system that depicts the rear of a motor vehicle and is automatically recorded on a photograph or digital image. (5) System Location means the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation. (6) Traffic Control Signal shall mean a traffic control device that displays alternating red, amber and green lights that directs traffic when to stop at or proceed through an intersection. Sec. 10.1602A Imposition of Civil Penalty for Violations. (a) The City Council finds and determines that a vehicle that proceeds into an intersection when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal damages the public health, safety, and general welfare of the City by endangering motor vehicle operators and pedestrians alike, by decreasing the efficiency of traffic control and traffic flow efforts, and by increasing the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers. (b) Except as provided in (c) and (d) below, the owner of a motor vehicle is liable for a civil penalty of seventy-five dollars ($75) if the motor vehicle proceeds into an intersection at a system location when the traffic control signal for that motor vehicle’s direction of travel is emitting a steady red signal. (c) For a third or subsequent violation committed by the owner of the same motor vehicle during any 12-month period, the amount of the civil penalty shall be one hundred fifty dollars ($150). (d) An owner who fails to timely pay the civil penalty shall be subject to a late payment penalty of twenty-five dollars ($25). Sec. 10.1603A Enforcement; procedures. (a) The Department is responsible for the enforcement and administration of this Article. (b) In order to impose a civil penalty under this Article, the Department shall mail a notice of violation to the owner of the motor vehicle liable for the civil penalty not later th than the 30 day after the date the violation is alleged to have occurred to: (1) the owner’s address as shown on the registration records of the Texas Department of Transportation; or (2) if the vehicle is registered in another state or country, the owner’s address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation. (c) A notice of violation issued under this Article shall contain the following: (1) a description of the violation alleged; (2) the date, time, and location of the violation; (3) a copy of a recorded image of the vehicle involved in the violation; (4) the amount of the civil penalty to be imposed for the violation; (5) the date by which the civil penalty must be paid; (6) a statement that the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing; (7) information that informs the person named in the notice of violation: (A) of the right to contest the imposition of the civil penalty in an administrative adjudication; (B) of the manner and time in which to contest the imposition of the civil penalty; and (C) that failure to pay the civil penalty or to contest liability is an admission of liability; and (8) a statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; (9)a statement that failure to pay the civil penalty within the time allowed shall result in the imposition of a late penalty of $25.00 (10) any other information deemed necessary by the department. (d) A notice of violation under this Article is presumed to have been received on the 10th day after the date the notice of violation is mailed. (e) In lieu of issuing a notice of violation, the Department may mail a warning notice to the owner. Sec. 10.1604A Administrative adjudication hearing. (a) A person who receives a notice of violation may contest the imposition of the civil penalty by request in writing an administrative adjudication of the civil penalty within fifteen (15) days after receipt of the notice of violation. Upon receipt of a timely request, the Department shall notify the person of the date and time of the hearing on the administrative adjudication. The administrative adjudication hearing shall be held before a hearing officer appointed by the City Manager. (b) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation, and is a waiver of the right to appeal under this Article. (c) The civil penalty shall not be assessed if after a hearing, the hearing officer enters a finding of no liability. (d) In an administrative adjudication hearing, the issues must be proved at the hearing by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to in an administrative adjudication hearing by affidavit of an officer or employee of the City or the entity with which the City contracts to install or operate the system and who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the City that alleges a violation based on an inspection of the pertinent recorded image is admissible in a proceeding under this Article and is evidence of the facts contained in the affidavit. (e) A person who is found liable after an administrative adjudication hearing or who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing is liable for administrative hearing costs in the amount of $25.00 in addition to the amount of the civil penalty assessed for the violation. A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within 10 days of the hearing. (f) It shall be an affirmative defense to the imposition of civil liability under this Article, to be proven by a preponderance of the evidence, that: (1) the traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person; (2) the operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer; (3) the operator of the motor vehicle violated the instructions of the traffic- control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle; (4) the motor vehicle was being operated as an authorized emergency vehicle under Chapter 546 of the Texas Transportation Code and that the operator was acting in compliance with that Chapter; (5) the motor vehicle was a stolen vehicle and being operated by a person other than the owner of the vehicle without the effective consent of the owner; (6) the license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued; or (7) the presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with this Article more dangerous under the circumstances than non-compliance. (8) the person who received the notice of violation was not the owner of the motor-vehicle at the time of the violation. (g) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate had been timely reported to the appropriate law enforcement agency. (h) Notwithstanding anything in this Article to the contrary, a person who fails to pay the amount of a civil penalty or to contest liability in a timely manner is entitled to an administrative adjudication hearing on the violation if: (1) the person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person; and (2) within the same period required by this Article for a hearing to be timely requested but measured from the date the mailed notice was received as stated in the affidavit filed under Subdivision (1), the person requests an administrative adjudication hearing. (i) A person who is found liable after an administrative adjudication hearing may appeal that finding of civil liability to the Municipal Court by filing a notice of appeal with the clerk of the Municipal Court. The notice of appeal must be filed not later than the 31st day after the date on which the administrative adjudication hearing officer entered the finding of civil liability. Unless the person, on or before the filing of the notice of appeal, posts a bond in the amount of the civil penalty and any late fees, an appeal does not stay the enforcement of the civil penalty. An appeal shall be determined by the Municipal Court by trial de novo. The affidavits submitted hereunder shall be admitted by the municipal judge in the trial de novo, and the issues must be proved by a preponderance of the evidence. A person found liable by the Municipal Court shall pay an appellate filing fee of $50.00 in addition to the civil penalty and any other fees due the City. Sec. 10.1605A Order. (a) The hearing officer at any administrative adjudication hearing under this Article shall issue an order stating: (1) whether the person charged with the violation is liable for the violation; and (2) the amount of any civil penalty, late penalty, and administrative adjudication cost assessed against the person. (b) The orders issued under subsection (a) may be filed with the office of the hearing examiner. The hearing examiner shall keep the orders in a separate index and file. The orders may be recorded using microfilm, microfiche, or data processing techniques. Sec. 10.1606A Effect of liability; exclusion of civil remedy. (a) The imposition of a civil penalty under this Article is not a criminal conviction for any purpose. (b) A civil penalty may not be imposed under this Article on the owner of a motor vehicle if the operator of the vehicle was arrested or was issued a citation and notice to appear by a peace officer for the same violation of Section 544.007(d) of the Texas Transportation Code recorded by the photographic traffic signal enforcement system. (c) An owner who fails to pay the civil penalty or to timely contest liability for the penalty is considered to admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person. (d) The City Attorney is authorized to file suit to enforce collection of a civil penalty imposed under this Article. Sec. 10.1607A Traffic Safety Fund. The penalties and fees collected from the imposition of civil liability under this Article shall be deposited in the Traffic Safety Fund account established by the City Council. Funds from the Traffic Safety Fund may be expended only for the costs of automated signal enforcement under this Article, public traffic or pedestrian safety programs, traffic enforcement and intersection improvements.” SECTION 2 . That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, 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 so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This ordinance shall take effect immediately from and after its passage, and the publication of the caption, as the law and charter in such cases provide. th DULY PASSED by the City Council of the City of University Park, Texas, on the 6 day of July 2006. APPROVED: _______________________________ JAMES H. HOLMES III, MAYOR ATTEST: _______________________________ NINA WILSON, CITY SECRETARY APPROVED AS TO FORM: _____________________________ CITY ATTORNEY (rld/6-22-06/67526) ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING CHAPTER 10 TO ADD ARTICLE 10.1600A “AUTOMATED TRAFFIC SIGNAL ENFORCEMENT”; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE IMPOSITION OF CIVIL PENALTIES; AND PROVIDING AN EFFECTIVE DATE. th DULY PASSED by the City Council of the City of University Park, Texas, on the 6 day of July 2006. APPROVED: _______________________________ MAYOR ATTEST: _______________________________ CITY SECRETARY Page 8 40571 AGENDA MEMO (07/06/2006 AGENDA) DATE: June 26, 2006 TO: Mayor and City Council FROM: Gary W. Adams, Chief of Police SUBJECT: Consideration of Marking 2-Hour Parking 6901 Snider Plaza ITEM The merchants at 6901 Snider Plaza have requested that the City stripe the curbs along the front and side of their business with the wording (2-Hour Parking). They feel that this will alleviate some of the parking violations in that area. ATTACHMENTS ? Letter from Nikki C. Matthews, Director of Property Management for the Cirrus Group. RECOMMENDATION: Staff recommends that this request be met and that Public Works mark the appropriate spaces belonging to the owners of the property located at 6901 Snider Plaza. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDAMEMO-Marking 2 hour parking 6901 Snider Plaza.doc 3:58 PM 06/26/06 From: Nikki Matthews [mailto:nmatthews@thecirrusgroup.com] Sent: Friday, June 23, 2006 1:57 PM To: city-manager Subject: Park Cities Medical Plaza Good afternoon Bob: I have been contacted by Max Fuqua of the Snider Plaza Merchant Association. We have been working together to alleviate some of the parking issues there in the plaza. He had requested that we have the “2-hour Parking” striped on our curbs along Snider Plaza Blvd. We had not had this done to date, but are not opposed to it, especially if it will help the merchants of Snider Plaza. He said you would need something in writing from me authorizing such. Therefore, please accept this email as authorization that you may stripe our spaces in front of 6901 Snider Plaza Blvd., Park Cities Medical Plaza, as “2 hour Parking”. Exact wording is of no concern to us. Please let me know if you need anything to accommodate this request. We are hopeful this will offer some assistance to the merchants of Snider Plaza. Nikki C. Matthews Director of Property Management 9301 N. Central Expressway, Suite 300 Dallas, Texas 75231 214.953.1722 Fax 214.237.4145 nmatthews@thecirrusgroup.com AGENDA MEMO (07/06/06 AGENDA) DATE: 6-26-06 TO: Honorable Mayor and City Council FROM: Steve Mace, Community Information Officer SUBJECT: UP Friends of the Library/October Arbor BACKGROUND: For the past few years, the City has allowed the Friends of the Library to insert a one page (front and back) newsletter in one of its monthly utility bill mail-outs. I recently received a phone call from Association Past President Carol Ann Luby concerning this year’s insert. In keeping with tradition, the Association would again like an October insert. To accomplish this request and to avoid additional postage charges, since The Arbor is now a four- page, full-color publication, the City will need to reduce its content that month. Recognizing that the library is an important part of community life for so many people and, considering the fact that City content demands are usually lighter in October than during many other months of the year, I’m proposing that City content in the October Arbor be shortened to two pages. This will allow the Association to use pages 3 and 4 for its content. Carol Ann and I have discussed this arrangement. Because the Association’s insert has been presented in black and white, she is delighted with this full-color opportunity. In the weeks ahead, I will work closely with the Association on layout issues to assure that the October issue is uniform in look. Staff recommends that we proceed accordingly. The November issue of The Arbor will return to the usual four pages of City content. ATTACHMENTS: None. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 AGENDA MEMO (07/06/2006 AGENDA) DATE: June 29, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: City Entrance Marker Program - Design Concepts BACKGROUND: During the past few months, staff has been working with GGOArchitects to develop concept for a secondary “City Entrance Marker” in an effort to create visual identification of the City’s limits. The Park Advisory Board has reviewed the marker concepts and has requested staff to present these concepts to City Council for consideration. RECOMMENDATION: Based on the provided marker concepts, staff is requesting City Council to provide direction on how to proceed with the project. Once a concept is approved, staff will work with the architect to verify applicable marker locations citywide as well as cost estimates. ATTACHMENTS: Architect’s Concept Design - Secondary City Entrance Marker Program ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 City Entrance Marker Program – Design Proposal 11-13-05 0 ~: m Polished iil I l' A" I :::J Aluminum () CD s: OJ 19 19 19 ;;!- ~t? fil g; u 0 :0 U U U ' U U ~ N. ~ N N N I I I I I I 0 \' V \' \' V CD (/J E E E E E :6 :::J R R R R I R u S S S S S I 0 v I I I I I I I 0 (/J T T T T T ~ Y Y y \' Y ~ I ~ p 4' 6" p p . p Cf' P 0 A A A A ,\ (J1 R R R R i R K K K I K K Brick Cast Stone <f-- ~ <f-- .- A B C D E Examples: Secondary City Entrance Markers AGENDA MEMO (7/6/2006 AGENDA) DATE: June 29, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Architectural Services Contract – Coffee Park BACKGROUND: In May 2006, the Park Advisory Board hosted five (5) different architectural firms to present their firm’s background, work experience and park design philosophy. Based on the presentations, the Park Advisory Board is recommending GGOArchitects provide architectural services for site upgrades to Coffee Park. Gary Olp with GGOArchitects is currently under contract with the City to design the Northwest Highway Wall Project, which will provide screening for the northern boundary of Coffee Park. The following is a breakdown of costs associated with proposed architectural services. Architectural Services: 1. Concept Design $ 600.00 2. Schematic Design $ 3,500.00 3. Design Development $ 5,500.00 4. Construction Documentation $ 15,465.00 5. Bidding and Negotiation/ $ 2,300.00 Construction Administration 6. Storm Water Protection Plan $ 1,500.00 Total Proposal $ 28,865.00 RECOMMENDATION: Staff is requesting City Council approve the design contract with Gary Olp of GGOArchitects in the amount of $28,865.00 for upgrades to Coffee Park. Funding for the design portion of the project has been identified within the Parks Department’s 2005/06 Capital Improvements Program Budget. ATTACHMENTS: Architect’s Design Proposal – Coffee Park ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Coffee Park – GGOArchitects – Design Proposal 7-6-06 15 June 2006 Proposal City of University Park Gerry Bradley For Coffee Park . Our understanding of the Project scope includes the Design Concepts and Construction Implementation for the approximate four and one-half (4.5) acre Coffee Park, located near the southwest intersection of Hillcrest Road and Northwest Highway. Based upon the concept Plan sketch prepared by GGOArchitects dated 3/20/06, a preliminary probable cost of construction suggests a working budget of $295,000 to $325,000. . 1. Basic Services A. Pre-Design/Product Research 1) GGOArchitects will meet with you to discuss the Project requirements, review the Project schedule and identify the key components and issues related to the Project. 2) GGOArchitects will obtain available maps and plats for existing developments and facilities within and surrounding the site, and we will review them for their impact on the proposed park development. 3) Based upon the information collected, GGOArchitects will perform a site analysis of the Project area and prepare an exhibit showing the location of all site features including, without limitation, vegetation, paving, natural features, existing utilities, circulation and surrounding development. We will meet with you to review our findings. 4) GGOArchitects will collect and provide manufacturers' information related to proposed improvements (including splash pad products and site furnishings) to the client. Additionally, we will incorporate these specialty items as part of the Conceptual Design Phase. B. Conceptual Design 1) Based upon the preliminary Concept sketch prepared by GGOArchitects dated 3/20/06, we will prepare a refined conceptual plan and two (2) sketches (perspective and/or elevations) for the proposed park. This plan view and supplemental sketches will show in greater detail the proposed spatial arrangement and layout of the programmed elements and Project character. 2) GGOArchitects will meet with City staff to review these sketches and to receive their input. To . . "tect5 fafa\\\\ l' cltJ . . 718 North Buckner Boulevard Suite 316 Dallas Texas 75218 City of University Park Coffee Park Page 2 C. Design Development 1) Based on the approved Concept Plan, GGOArchitects will work in coordination with the City to provide design development documents, which will finalize the Master Plan layout and consist of drawings, sketch details and other documents to establish and describe the size and character of the Project as to the programmed design elements. 2) Based on the design development phase, GGOArchitects will prepare a preliminary probable cost of construction for the park. This cost estimate will be detailed and itemized to show our opinion of cost for each of the proposed park elements. D. Construction Drawings- Based on the approved design development documents, GGOArchitects will prepare construction drawings for the Project for approval by the City. These shall include, but are not limited to, the following: 1) Cover sheet showing vicinity map for the Project site, signature block, index of drawings and contact list; 2) Final site plan in accordance with the requirements of the pertinent City Landscape and Development Ordinances; 3) Existing conditions/demolition plan showing existing site conditions as well as the removal and/or relocation of any existing elements as required to accommodate the proposed improvements; 4) Layout, dimension control and materials plan; 5) Grading and drainage plans; 6) Site construction details; 7) Erosion control plan; 8) Landscape and automatic irrigation system plan; 9) Site lighting and site electrical plans; 10) Additional plans and/or details necessary to show design intent for all the proposed improvements; and 11) Specific plans necessary for construction of the programmed design elements. The preliminary probable cost of construction will be modified and updated to reflect the construction drawings. GGOArchitects will provide three (3) sets of plans for the City's review and comment at approximate fifty percent (50%), ninety percent (90%) and one hundred percent (100%) complete milestones and will incorporate the City's comments into the plans. Final Deliverables of the construction documents include one (1) set of full size reproducible final drawings and an electronic file of the construction drawings in AutoCAD format. E. Technical Specifications- GGOArchitects will prepare technical specifications for the work included in the construction plans (CSI format) and assemble a complete Project manual. The general and supplementary conditions of the contract, bond forms, etc. shall be provided by the City. GGOArchitects will also prepare a bid form for the proposed Project improvements, including, without limitations, material quantities, unit prices, total base bid and alternate items. One (1) set of unbound technical specifications shall be provided to the City. F. Storm Water Pollution Prevention Plan (SWPPP)- GGOArchitects shall prepare a SWPPP in accordance with current Texas Commission on Environmental Quality (TCEQ) and Environmental Protection Agency (EPA) guidelines and assist in filing the Notice of Intent (NO I) for coverage under the TCEQ State permit. G. Bidding-Based on approved construction documents, GGOArchitects will provide bidding services to include, but not limited to, the following: 1) Attend pre-bid conference and prepare meeting notes; 2) Prepare addenda items (if necessary); 3) Answer questions during the bidding process; 4) Review bids, as requested by the City; and 5) Make recommendation for awarding the construction contract. City of University Park Coffee Park Page 3 H. Construction Administration-During construction, GGOArchitects will perform, without limitations, the following construction administration services: 1) Attend pre-construction conference; 2) Review shop drawing, submittals and mock-ups as required; 3) Respond to contractor Requests for Information (RFI); 4) Make periodic site visits, as required, to observe contractor progress (not continuous site inspection) to determine if the work is proceeding in general accordance with the Contract Documents (a total of ten (10) site visits are anticipated). Neither GGOArchitects nor any sub consultant guarantee the performance of any contractor and shall have no responsibility for furnishing materials or performing any work on the Project; 5) Prepare punch list ofitems to be completed or corrected; 6) Perform final inspection review; and 7) GGOArchitects shall attend progress meetings and record meeting minutes for distribution. 2. Additional Services A. Topographic Survey 1) Boundary Verification-An on-the-ground boundary verification of the park site will be required in order to confirm the limits of the park property. 2) Topographic Survey-An on-the-ground topographic survey of the park site (within the limits described) will be required to be used in our Design Development and Construction Document phases. This topographic survey will show the elevations at a one-foot contour interval as well as the locations and spot elevations of pertinent existing features on or adjacent to the site. Such features include without limitation paving, trees, vegetation masses, drainage structures, visible utilities, etc. The completed survey of the site will be submitted to the City. B. Texas Accessibility Standards- GGOArchitects will submit a full-sized set of construction documents to the Texas Department of Licensing and Regulation or an independent contract provider for Texas Accessibility Standards review and will work with their staff for plan approval and final project inspection. Based on the plans review, GGOArchitects will revise the construction documents accordingly. C. Charges for reimbursable expenses expended by the Architect, the Architect's employees and consultants in the interest of the project will be billed to the Client at 1 .15 times the actual incurred cost of the expense and are not inclusive within the stipulated fee structure. 1) Typical Expenses are: Telecommunications, mileage, plotting services, printing, all reproductions, postage, courier and overnight services, art supplies, photographic film & processing, drafting mylar, etc.. 2) It is anticipated that GGOArchitects will produce all required printing for permit and construction purposes. Exclusions- The intent of this scope of services is to include only the services specifically listed herein and no others. Services specifically excluded from this scope of services include the following: 1) Construction staking; 2) Field survey outside the defined project area; 3) Environmental impact statements or assessments; 4) Platting services; 5) Consulting services by others not included in this proposal; 6) Services beyond those described in Section 1 or Section 2; 7) CLOMR or LOMR reports or submittal to FEMA 8) Hydrologic or hydraulic studies; 9) Corps of Engineer permitting; 10) Wetlands determination/delineation; 11) Renderings beyond those for Conceptual Design or to show design intent; 12) As-built field surveys; and 13) As-built plans. City of University Park Coffee Park Page 4 Information to be Provided by the City A. All "as-built" plans including all pertinent paving, drainage and utility plans for the park and surrounding developments (includes proposed or existing). 3. Cost of Services A. GGOArchitects will perform the Scope of Services delineated above for the following Stipulated Lump Sum Fees: B. Professional Services: Twenty-Eight l1n.Jsard Eight H.Jrdred Sixly-F1Ve & 0011 00 Dollars $ 28,865.00 C. The fee shall be billed as: 1) Pre-Design/Product Research 2) Schematic Design 3) Design Development 4) Contract Documents 5) Construction Administration 6) Storm Water Pollution Prevention PlanlDocumentation D. Invoices are due and payable: 1) In Dallas County, Texas. 2) Within 15 business days of date of invoice. E. Interest charges shall accrue at the per annum rate of 18 % if payment is not received within 45 business days of the invoice date. F. The entire scheduled amount for the Construction Documents shall be paid in full before the Architect shall release the documents to the Client, Appraisers, Lenders or General Contractors. $600.00 $3,500.00 $5,500.00 $15,465.00 $2,300.00 $1,500.00 4. Additional Services A. Changes to the Construction Documents, requested after completion and final plot, shall be performed by the Architect only after receipt of written confirmation of the Architects estimated cost of the changes and payment in full for said changes is received. B. Compensation for additional services performed shall be billed on the basis of the following itemized billing rate schedule: Principal Associate Project Architect Architect Intern $ 2 0 0 . 0 0 Ihr 1 5 0 . 0 0 Ihr 1 2 0 . 0 0 Ihr 6 5 . 0 0 Ihr 4 5 . 0 O/hr C. Topographic Survey D. Texas Accessibility Standards Review $4,000.00 $1,500.00 City of University Park Coffee Park Page 5 5. Miscellaneous Provisions A. Subsequent to the acceptance of this Proposal for Professional Services a formal AlA Contract B 141 Standard Form of Agreement Between Owner and Architect will be drafted to consummate the agreement between the parties. B. This proposal is predicated on all services being rendered within 18 months of the date of signing, or the fee will be adjusted, if necessary, to accommodate any increased costs due the AlE. C. The Client and/or the Architect shall have the right to abandon the Project or any portion therein at any time. If such event occurs the Architect shall be paid the full amount for services rendered through to the date of termination, plus all reimbursable costs incurred in connection with the Project. D. GGOArchitects will secure adequate foundation design for the Project based on current geotechnical investigation. E. GGOArchitects will secure a topographic survey that identifies the meets and bounds of the property and all topographical features in 1 '-0" intervals. The survey will also include a dimensional location and species identification of all mature trees that may be impacted by the siting of the Project. GGOArchitects will prepare all required site and grading plans. F. GGOArchitects is providing professional services based on our expertise in Sustainable Residential Architecture and shall be so identified where appropriate. The Architect retains the right to identify the Project, without compromising the Client' interests, for promotional/marketing purposes. Should you have any questions, please do not hesitate to contact me. Thank you for allowing us to submit this proposal. Sincerely, GGOArchitects Gary Gene Olp, AlA, NCARB Principal Cr 7 q 0 ~gnature) ~.15.~ (date) AGENDA MEMO (7/6/2006 AGENDA) DATE: June 29, 2006 TO: Honorable Mayor and Members of the City Council FROM: Gerry Bradley, Director of Parks SUBJECT: Architectural Services Contract – Barbara Hitzelberger Park BACKGROUND: In May 2006, the Park Advisory Board hosted five (5) different architectural firms to present their firm’s background, work experience and park design philosophy. Based on the presentations, the Park Advisory Board is recommending Talley Associates provide architectural services for the design and construction administration of Barbara Hitzelberger Park (intersection of Lovers Lane and Hillcrest). Talley Associates has provided similar services to the City for Elena’s Children’s Park. The following is a breakdown of costs associated with proposed architectural services. Architectural Services: 1. Concept Design $ 5,000.00 2. Schematic Design $ 14,000.00 3. Design Development $ 17,500.00 4. Construction Documentation $ 26,500.00 5. Bidding and Negotiation/ $ 12,000.00 Construction Administration Total Proposal $ 75,000.00 RECOMMENDATION: Staff is requesting City Council approve the design contract with Coy Talley of Talley Associates in the amount of $75,000.00 for Barbara Hitzelberger Park. Funding for the design portion of the project has been identified within the Parks Department’s 2005/06 Capital Improvements Program Budget. ATTACHMENTS: Architect’s Design Proposal – Barbara Hitzelberger Park ? 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 Barbara Hitzelberger Park – Talley Associates – Design Proposal 7-6-06 Planning Landscape Architecture Urban Design 1925 San Jacinto Street Suite 400 Dallas, Texas 75201 T 214-871-7900 F 214-871-7985 www.talleyassociates.com 15 May 2006 Mr. Gerry Bradley Director of Pa rks City of University Park City Hall - 3800 University Blvd. University Park, Texas 75205 Re: Proposal/Agreement for Landscape Architectural Services Barbara Hitzelburger Park T A 6020 Dear Gerry: Talley Associates, Inc. ("Talley") is pleased to submit to the City of University Park ("Client") this proposal for landscape architectural services for Barbara Hitzelburger Park ("Project"), located at the intersection of Hillcrest and Lovers Lane, northwest and northeast, in University Park, Texas ("Site"). Upon acceptance of the terms and conditions provided herein by Client (as evidenced by the execution of this document by Client in the space indicated below). this document shall become the fully binding and exclusive agreement between the parties with respect to the Project (this document, whether accepted or not, shall be referred to herein as this "Agreement"). Based on our understanding of the Project, Talley proposes to provide the Client with the following schematic design, design development, construction documentation and construction administration services. A. BASIC SERVICES 1. Concept Design. Talley Associates shall quickly develop concept ideas, up to three, which explore design options and possibilities of park features. These features may explore gateway and arrival; more interior passive pocket parks and possible combinations. Mood images of great parks of this scale will further provide image character. These ideas will be sketch-like to be presented to the park director, staff, and key board personnel. 2. Schematic Design. Based on input and direction as defined in concept design, Talley will prepare a schematic site design. The schematic design will illustrate and address the following design considerations: a. Water features/fountains occurring on one or both sides of the park; b. Fencing; c. Hardscape/paving, including sidewalks, however, pedestrian access might be limited; 2 d. e. f. g. h. I. J. Softscape/planting, including the potential preservation of existing trees, botanical plantings, seasonal color, street trees and other plantings; Incorporation of the existing DART station into the park design; Park identity signage; Site grading concept; Lighting, including pedestrian and special feature lighting, fixture selection and location only; Furnishings, such as benches, trash/ash, pots/planters, etc.; and Talley will prepare a cost estimate, based upon the schematic design package. The schematic design drawings will be drawn at a scale sufficient to explain the design intent. Drawings will include a rendered illustrative site plan, and necessary cross sections and enlarged plans, as required, to explain the design character and materials. 3. Design Development. Based on the approved schematic design package, Talley will prepare a design development package including the following: a. Materials plan, at a design development level, including hardscape/paving, light fixtures (selection and location only), water features/fountains, park identity signage and Site furnishings; b. Grading plan, at a design development level; c. Landscape planting plan, at a design development level; d. Enlarged plans as necessary to convey design character; e. Design development level details of water features/fountains, park identity signage, paving, site furnishings, planting and lighting, as required; and f. Preliminary specifications. The design development drawings will be developed at a scale sufficient to explain design intent. Drawings will include cross sections and enlarged plans, at an appropriate level of detail, as required, to explain the design character and materials 4. Construction Documentation. Based on the approved design development package, Talley will prepare a set of contract documents sufficient to describe the work necessary for construction (the "Contract Documents"). The following documents will be prepared: a. Layout and materials plan; including hardscape/paving, light fixtures (selection and location only, electrical engineering by others) and site furnishings; b. Enlarged layout and materials plans as required; c. Grading plan; d. Enlarged grading plans, as required; e. Landscape planting plan; f. Enlarged planting plans as required; g. Irrigation plan; h. Details and sections at appropriate scales necessary to convey the sizes, appearances, finishes, and colors of water features/fountains, park identity signage, paving, site furnishings, planting, lighting, and irrigation equipment. as required; and 3 I. Complete Technical Specifications (CSI format) describing all elements of the proposed work. General and supplementary conditions of the construction contract and the necessary contract forms will be provided by the Client. 5. Bidding and Negotiation/Construction Administration. Upon the completion of the other Basic Services provided above, Talley proposes to assist Client in the retention of qualified personnel to provide the services required to complete the Project, as follows: a. Preparation of any addenda to the Contract Documents as may be required during the bidding or negotiating process; b. Evaluation and assessment of bids or negotiated proposals; c. Propose and/or evaluate value engineering and substitutions with respect to cost implications and effect on quality and/or scope of the work; d. Attend one (1) pre-construction meeting and assist the Client in conducting this meeting; e. Review shop drawings and contractor submittals as they relate to the overall site development and general conformance of the design as set forth by the contract documents; f. Assist in the review of substitutions, change orders, contractor schedule reports and pay requests; g. Make one (1) trip with the selected contractor for the selection and tagging of plant material; h. Visit the Site to observe and report on the progress and quality of work and to determine, in general, if the work is proceeding in accordance with the contract documents. Site visits shall be limited to 9 visits. I. Provide a written report of each Site visit. including a summary of any corrective work to be performed; J. Assist the contractor in the preparation of a list of items requiring corrective action prior to the contractor's final pay request and Client's acceptance; and k. Determine and certify substantial completion. B. ADDITIONAL SERVICES. The following additional services related to the Project may be provided if mutually agreed upon by the parties, and if so provided shall become part of the Services: 1. Environmental graphics package; 2. Surveyor base map preparation of the Site; 3. Any rezoning related services; 4. Services for special Site features or amenity, i.e. fountain MEP; 5. Professional model building services; 6. Additional travel and/or meetings beyond that provided in this Agreement; 7. Civil engineering services; storm water calculations, subsurface drainage and utility layouts as they relate to any aspect of the Project; 8. Illustrative renderings beyond those described in this Agreement; 4 9. Construction document revisions due to Client requested changes once construction document level design has commenced; 10. Construction administration services beyond those described in Basic Services; 11. Special investigations involving detailed consideration of operations, maintenance, and overhead expenses; special feasibility studies, appraisals and valuations; and material audits or inventories required by Client; 12. Environmental impact studies or assessments or audits and/or Regulatory Agency Permitting; and 14. Maintenance manuals. C. EXCLUDED SERVICES. The following services will not be provided by Talley, and shall not be considered part of the Services: 1. Payment requests by others; 2. Subsurface conditions; 3. Soil issues (including geothechnical and groundwater issues, level of compaction); 4. Lot line and utilities locations; 5. Existing plant inventory; and 6. Subsurface drainage design. D. CLIENT'S RESPONSIBILITIES. 1. Client agrees to provide Talley with all information, surveys, reports, and professional recommendations requested by Talley in providing the Services, and acknowledges that Talley may reasonably rely on the accuracy and completeness of any items so provided. 2. Talley is not responsible for any subsurface soil conditions at the Site. 3. Talley is not responsible for any necessary permits from authorities having jurisdiction over the Project and Site. Talley will assist permitting process by completing and submitting appropriate paperwork and forms to Client or governing authorities. 4. Client agrees to comply with the responsibilities provided in this section in a timely manner so as not to delay the orderly and sequential progress of the Services. E. ESTIMATED SCHEDULE AND PROJECT BUDGET. 1. Talley shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. 2. As of the date of this Agreement, Client's Project budget is understood to be approximately $750,000. Client agrees to promptly notify Talley if Client's schedule or budget changes. Client acknowledges that significant changes to the Project schedule, budget or the scope of the Project may require Additional Services from Talley. 5 F. COMPENSATION AND PAYMENTS. Client agrees to pay Talley as follows: 1. Basic Services: 1. Concept Design 2. Schematic Design 3. Design Development 4. Construction Documentation 5. Bidding and Negotiation/Construction Administration $ 5,000 $14,000 $17,500 $26,500 $12,000 Total $75,000 2. Additional Services: On an hourly basis, in accordance with the Hourly Rate Schedule below: Hourly Rate Schedule Principal Associate Principal Associate Professional Staff - Level Three Professional Staff - Level Two Professional Staff - Level One Administrative Support Staff $150.00 $125.00 $90.00 $80.00 $75.00 $65.00 $45.00 3. Reimbursable Expenses: All reasonable expenses incurred by Talley in providing the Services, multiplied by 1.10, including, but not limited to, reproduction, postage, document handling, long distance and facsimile charges, authorized travel, and Client requested renderings and models. 4. Billing: Talley shall bill Client for Basic and Additional Services, as well as Reimbursable Expenses, once a month. All payments are due upon receipt of invoice. A service charge of 1.5% per month will be charged on all amounts due more than 30 days after the date of inVOice. G. TERMINATION. 1. If the Project is suspended for more than 30 consecutive days, for reasons other than the fault of Talley, Talley shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, Talley's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of Talley's services. 2. If the Project is abandoned by the Client for more than 90 consecutive days, Talley may terminate this Agreement by giving written notice. 6 3. This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. H. DISPUTE RESOLUTION. Client and Talley agree to mediate claims or disputes arising out of or relating to this Agreement as a condition precedent to litigation. The mediation shall be conducted by a mediation service mutually acceptable to both parties. A demand for mediation shall be made within a reasonable time after a claim or dispute arises and the parties agree to participate in mediation in good faith. Mediation fees shall be shared equally. In no event shall any demand for mediation be made after such claim or dispute would be barred by the applicable law. I. OWNERSHIP OF DOCUMENTS. 1. All documentation prepared by Talley, including, but not limited to, drawings and specifications, are the property of Talley, and these documents shall not be reused on other projects without Talley's written permission. Talley retains all rights, including the copyright in its documents. Client or others cannot use Talley's documents to complete this Project with others unless Talley is found to have materially breached this Agreement. 2. Client hereby grants Talley the right to include descriptions of the Project in its promotional and professional materials. J. GOVERNING LAW. This Agreement is governed by the law of the state in which the Site is located. K. ENTIRE AGREEMENT AND SEVERABILITY. 1. This Agreement is the entire and integrated agreement between Client and Talley and supersedes all prior negotiations, statements or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Client and Talley. 2. In the event that any term or provision of this Agreement is found to be void, invalid or unenforceable for any reason, that term or provision shall be deemed to be stricken from this Agreement, and the balance of this Agreement shall survive and remain enforceable. L. ASSIGNMENT. Neither party can assign this Agreement without the other party's written permiSSion. M. LIMITED CONSTRUCTION PHASE SERVICES. 1. Notwithstanding any other term in this Agreement, Talley shall not control or be responsible for another's means, methods, techniques, schedules, sequences or procedures, or for construction safety or any other related programs, or for another's failure to complete the work in accordance with the plans and specifications applicable to any portion of the Project. AGENDA MEMO (7/06/06 AGENDA) DATE: June 29, 2006 TO: Honorable Mayor and Council FROM: Robbie Corder, Assistant to the Director of Public Works SUBJECT: NCTCOG Regional Stormwater Program ITEM: The North Central Texas Council of Governments (NCTCOG) has developed a regional stormwater program designed to address stormwater quality issues affecting the region. Participation in the program provides municipalities with resources for staff and developer training, public education, and other technical resources to meet state and federal regulations for stormwater runoff. Participation in the program will cost the City of University Park approximately $2,572. Resources from the program will be used for the City’s permit application for a general stormwater permit from the Texas Commission on Environmental Quality (TCEQ). RECOMMENDATION: Staff recommends approval of the letter. ATTACHMENTS: Authorization Letter 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 C:\Documents and Settings\nwilson\Local Settings\Temporary Internet Files\OLK31\AGENDAMEMO (11) (2).doc 12:49 PM 06/29/06 AUTHORIZATION LETTER Regional Storm Water Management Program of North Central Texas: North Central Texas Council of Governments (NCTCOG) FY2006 Administrative and Implementation Assistance City of University Park The NCTCOG and the (hereafter referred to as the "participant") have executed an Interlocal Agreement to provide a structure through which the participants can pursue initiatives that assist with the Regional Storm Water Management Program. The Interlocal Agreement established a structure by which a Regional Storm Water Management Coordinating Council may identify specific activities to be carried out by NCTCOG, and/or professional agencies, with cost allocations to be determined through Coordinating Council consensus. The participants to this agreement have reviewed the NCTCOG proposed work plan for FY2006, which includes NCTCOG assistance to the participants for administrative and implementation support of storm water related activities and the cost-share arrangement for funding of this effort. In accordance with Article 2, Paragraph 5, and Article 4 of the Interlocal Agreement, the purpose of this letter is $2,572.00 to authorize the participant's cost-share of for the FY2006 Work Program. Execution of this Authorization Letter is considered a formal part of the Interlocal Agreement, and obligates the participant's cost share as identified above. Billing of the participant by NCTCOG for these services will be made no more frequently than quarterly, and, if quarterly, will be based on the prorated share of deliverables received by the participant. NCTCOG will invoice the participant for its costs incurred resulting from the FY2005 work program, and the participant shall remit the amount of the invoice to NCTCOG within thirty (30) calendar days of receipt of the invoice. In the event that the participant does not accept the goods or services or finds an error in the invoice, the participant shall notify the NCTCOG Manager who is responsible for executing this program as soon as possible within the 30 calendar day period, and shall make payment not less than ten (10) calendar days after the problem(s) are corrected or the error is resolved to the satisfaction of all parties. In the event that payment of invoiced goods or services is not received by the NCTCOG within 30 calendar days of receipt of the accepted invoice, NCTCOG is authorized to charge the participant interest in accordance with the Prompt Payment Act. Work under this program will be carried out from October 1, 2005 through September 30, 2006. It may become necessary for work to continue beyond September 30, 2006 in order to complete the authorized FY2006 work program. However, costs for the work program will not exceed the participant’s cost-share as agreed to in this authorization letter. The undersigned, duly authorized to make such obligations, represent the agreement of NCTCOG and the City of University Park to these provisions. ________________________________________________________________________________ (Signature)Mike Eastland, Executive Director North Central Texas Council of Governments ________________________________________________________________________________ (Date)(Date) AGENDA MEMO (07/06/06 AGENDA) DATE: July 6, 2006 TO: Honorable Mayor and City Council FROM: Kate Smith, Assistant to the City Manager SUBJECT: Set date for City Council and Staff retreat BACKGROUND: In October 2004, a City Council/Staff retreat was conducted and facilitated by Drs. John and Carol Nalbandian. At the conclusion of this process, Council and Staff members alike recommended that we continue to conduct a retreat every two years. The goal is to provide a longer period for Staff and Council to interact, as well as to update the Strategic Goals and vision for the City. Staff is currently working to obtain a proposal for the retreat from the Nalbandians, but would like to set the retreat date as soon as possible. The retreat proposal will then come before Council in the coming weeks. RECOMMENDATION: After reviewing the Nalbandian’s schedule and the City Council meeting schedule, Staff thth recommends that the retreat be held on Thursday, October 26 and Friday, October 27. 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644 June 29, 2006 To: Bob Livingston Fr: John and Carol Nalbandian Re: Proposed retreat for October 26/27 Bob, I would divide the proposed retreat into four parts. Part I—Introduction What is it about University Park that we appreciate, value, and want to make sure that we reinforce in our actions, decisions, and in our own behavior as a governing body? What is it that we should consider changing? Part II--Council-staff relations No matter how effective relationships are between the governing body and the staff, both may value the opportunity to review what is working well and what could be improved. I think that we might facilitate this session by doing a survey of council members and department heads prior to the retreat. We could use the results to structure the discussion. Part III—Goals setting You have been working on the goals established in the 2004 retreat. While we should review progress on those goals, the primary purpose of this part should be to review the goals themselves. What have we been doing well? What do we need to continue to emphasize? Where do we need to change course or start down a new path? Part IV—Council relations In my experience, councils rarely evaluate their effectiveness. This contrasts to our everyday working life where we are continually asking ourselves “Are we living up to our own expectations?” We would utilize this time to ask the governing body members: ? As a governing body, what are we doing well that we need to continue doing? ? What is the one thing that we could change that would increase our effectiveness? Again, these questions provide opportunity to gather information from the council ahead of time, utilizing our time together to discuss the results. We should plan on meeting all day Thursday, possibly Thursday evening, and half day on Friday. Carol and I would facilitate the retreat. I have included our bios. More about my work is available at www.goodgovernment.org. Cost: In 2004 the consulting fee was $5,000 plus reasonable expenses, and we would propose the same fee for this year. Bios for Carol and John Nalbandian Carol Nalbandian, Ph.D. has been a consultant and trainer for over twenty-five years. She was a senior consultant with the Menninger Leadership Center in Topeka, where she worked with executives from both the private and public sectors. She played an integral role in developing and delivering the Center's nationally renowned executive development seminars. She was also the director of management programs at the University of Kansas School of Business. Carol has extensive experience in the areas of organizational development, interpersonal communication, change management, leadership development, and team building. Carol consults extensively with local elected officials, as well as with senior staff in the areas of strategic planning, goal setting, team building, and communication. She has also provided mediation and coaching to all levels of employees. She has written articles on stress management, leadership, surviving job loss, and appreciating diversity. Dr. Nalbandian has a Ph.D. in communications studies from the University of Kansas, with an emphasis in organizational psychology. She received a bachelor’s degree in international relations from the University of Southern California, Los Angeles, and a master of science in counseling from California State University at Los Angeles. John Nalbandian, Ph.D., chairs the department of public administration at the University of Kansas where he has taught since 1976. Since 1998 US News and World Report has rated the University of Kansas' graduate program in public administration number one in the country for local government education. In addition to his faculty position, Professor Nalbandian served on the Lawrence City Commission from 1991-1999, including two terms as mayor. Professor Nalbandian grew up in Southern California and completed his doctoral education at the University of Southern California. He specializes academically in human resources management and local government and has written extensively about both topics, including two books, Professionalism in Local Government , which was published in 1991, and Public Personnel Management: Contexts and Strategies now in its 5th edition. In addition to his writing and teaching, he has consulted with city councils and staff, conducted training sessions, workshops, and made presentations to local government officials throughout the United States, in the United Kingdom, and Canada. In recognition of his lifetime contributions to the field of public administration, he was inducted into the National Academy of Public Administration. Also, he has received national awards for teaching excellence and research. He is an honorary member of ICMA and received ICMA's Sweeney Award for Teaching Excellence. For the past five summers, he has been a member of the Senior Executive Institute's faculty at the University of Virginia. PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES May 15,2006 The Planning and Zoning Commission of the City of University Park met on Monday, May 15, 2006, 2006 at 5:00 P.M. in the City Hall Council Chambers, 3800 University Blvd. University Park, Texas. The following are minutes ofthat meeting. Commission Members Attending Staff Members Attending Robert H. West - Chairman Randy Biddle Bill Foose Ed Freeman Bea Humann Harry Persaud - Community Dev. Mgr Rob Dillard - City Attorney Jennifer Deaver- Administrative Assistant Bud Smallwood- Public Works Director Absent & Excused Reed Shawver, III Doug Roach Mr. West opened the public hearing and then read the specifics of the first case. PZ 06-008 - Consider a request by Larry Boerder, Architect representing Gerald Ford, to change the zoning on a tract ofland located at 6601 Turtle Creek Boulevard from Single Family SF-l zoning district classification to Planned Development District and approval of a site plan to allow for a single family home with specific development standards. Mr. Persaud gave a brief over view ofthe specifics via a power point presentation. He then stated there were two responses in favor of the rezoning. Mr. West inquired ifthere was any favoring / opposing parties that wished to speak. Mr. Larry Boerder, owner / resident of the property situated at 3505 Greenbrier came forward representing the property owners as the architect for the proposed project. He stated that the square footage of the existing house is just under 10,000 square feet and the proposed house is 27,000 square feet with a basement. 11,000 square feet on the first floor. He explained that his goal was to orient the entrance ofthe house on the Turtle Creek side in order to maintain the address. He stated that the property is zoned Single Family District 1 (SF-I) and due to the height limitations of, the need for proper drainage, as well as placing a balustrade on the roof would require increased roof pitch. He suggested that this is typically not an issue in other parts of the country and feels that it should not affect any of the neighboring property owners being that it is the only house on the block. He then urged the commission to rezone the lot Planned Development District (PD). Mr. West inquired ifthere were any other parties that wished to speak, and none came forward. Mr. Foose inquired if the front yard faced Hunters Glen. Mr. Boerder stated yes. Mr. Dillard inquired if the walk was on the north side. Mr. Boerder stated yes. Mr. West closed the public hearing. Mr. Freeman made a motion to approve the request to change the lot zoned SF-l to PD, with a second from Mr. Biddle the motion was approved unanimously 5-0. Mr. West then read the specifics of the second case. PZ 06-006 Consider an Ordinance of the City of University Park, Texas, amending the comprehensive zoning ordinance, as heretofore amended, by amending Section 21-100 (4)(b) to regulate features allowed in the required front yards of Single family Districts, providing for a repeal of all ordinances in conflict and providing for effective date. Mr. Persaud gave a brief overview of the ordinance as it exists, via a power point presentation. There was some discussion of items located in front yards of single family homes, primarily recreational equipment such as swings, soccer goals, and other item, some of which impede on the city's right of way. Mr. Persaud concluded by stating that the current ordinance has no structure and needs improved definition. Mr. Freeman inquired if there were complaints from citizens. Mr. Persaud stated yes there have been several in the past. Mr. West then closed the public hearing. Mr. Foose stated that he would like to examine the issue further before making any decisions. Ms. Humann and Mr. Biddle agreed that the change should be seasonal to prevent eradicating neighborhood outdoor activities. Mr. Biddle made a motion to table the decision until the June 12th meeting, with a second from Mr. Foose the motion was approved unanimously 5-0. Mr. West then read the specifics of the third case. PZ 06-007: Amend the comprehensive zoning ordinance of the City of University Park, as heretofore amended, by amending Section 28-105 (2) (a) to provide fence requirements in side yards in residential districts; 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. Mr. Persaud briefed the commission via a power point presentation showing existing ordinance and proposed changes. Mr. West inquired if there were any parties who wished to speak for or against the request, none came forward. He then closed the public hearing. Mr. Foose inquired if this change would only pertain to comer lots. Mr. Persaud stated yes. Mr. Foose stated that most people do not wish to have a ten foot (10') wall; he then suggested not changing the ordinance, but adding verbiage. Some discussion ensued regarding the city engineer approving such projects and the verbiage of the proposed reading. Mr. Foose made a motion to approve the reading after deleting the word "fence" from the third line and add "retaining wall and fence", remove the word "when" and add "however, if', with a second from Ms. Humann the motion was approved unanimously 5-0. Mr. West then read the specifics of the fourth case. PZ 06-005: Hold a public hearing and consider an Ordinance of the City of University Park, Texas, amending the Comprehensive Zoning Ordinance of the City of University Park, as heretofore amended, by amending Section 13-100 (1) to require a permit for a fence; amending Section 28-105 (l)(d) to provide fence requirements in residential districts; amending Section 11.106 (a) regulating waste collection; 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. A public hearing was held on March 20, 2006 and this item was tabled for further consideration on May 15,2006. Mr. Persaud briefed the commission via a power point presentation stating that the need to the current ordinance was due to persons attempting to evade the permitting process. Mr. West inquired if there were any favoring or opposing parties that wish to speak, and none came forward. Mr. Foose inquired if the permitting process required measurements and what were the Mr. Foose inquired ifthe permitting process required measurements and what were the requirements for a permit. Mr. Persaud stated that the permitting process required an initial inspection before a permit can be issued that includes measurements to be taken of alley right of ways, insets and to go over requirements of fence height with the fence contractor and I or homeowners. Mr. Freeman inquired if the inset has to have a slab poured, Mr. Persaud answered no. A discussion ensued regarding properties that have automatic gates and no inset resulting in the garbage cans being placed in the city right of way. Mr. Foose stated that picking up garbage cans would be a way to prevent cans being left in the city right of way. Mr. Smallwood stated that there are numerous property owners that are leaving cans in the city right of way and picking them up would be far too many for one person to handle. Mr. Dillard suggested that if a citation is issued for parking a vehicle in the alley way then why is it not possible to cite those who have left garbage cans in the alley. Ms. Humman inquired ifthere could be a red tag left on the cans left in right of ways by the sanitation department. Mr. West concluded that the item would be tabled until the next meeting of the Planning & Zoning Commission. Ms. Humann made a motion to approve the minutes of the Aprill 7th meeting with corrections, with a second from Mr. Freeman, the minutes were approved unanimously 5-0 There being no further business before the Commission, Mr. West adjourned the meeting. Approved by: